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USDA/FS RIN: 0596-AB67 Publication ID: Spring 2001 
Title: Administration of the Forest Development Transportation System 
Abstract: This final action consists of adoption of a final rule at 36 CFR part 212 and a final administrative policy to be issued as instruction to Forest Service employees in the Forest Service Manual Title 7700. It is part of a strategic effort to change how the National Forest road system is improved, maintained, and operated to support the resource objectives of the national forest and grasslands. The intended effect is to shift the focus of the national forest road system from development to restoration and maintenance of those roads needed for recreation, rural access, and the sustainable flow of goods and services, commensurate with the health and productivity of the lands and waters of the National Forest System. An equal objective is to apply science-based analytical tools that will help local forest managers make better informed decisions about road construction, reconstruction, maintenance, and decommissioning. Finally, the rule would redesignate the forest transportation plan as the forest transportation atlas, which would be a repository of important information about the National Forest Transportation System, especially roads. Key features of the proposed policy include establishing a policy of providing the minimum forest transportation system that will best serve the current and anticipated forest management objectives and public uses, considering both current and likely funding levels. The policy also would adopt the Forest Service report, Roads Analysis Process, Informing Decisions About Managing the National Forest Transportation System 1999, Miscellaneous Report FS-643, as the current standard for a science-based road analysis procedure to help inform decisions about the scope, scale, and need for national forest roads in the context of forest planning, as well as at the site-specific project level. The process will help forest officers set priorities within available funding for construction, reconstruction, maintenance, and decommissioning of roads. Finally, the proposed policy would establish transitional procedures to ensure more careful consideration when building or reconstructing roads in unroaded portions of inventoried roadless areas and other roadless areas. These proposed transitional procedures would set a higher standard for road construction in these areas of national forests than in other areas--namely, that any such proposal must meet a compelling need and must be accompanied by an environmental impact statement with the Regional Forester as the responsible official. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 212   
Legal Authority: 16 USC 551    23 USC 205   
Legal Deadline:  None

Statement of Need: Few natural resource issues have attracted as much public scrutiny in recent years as the management of the National Forest road system. Few marks on the land are more lasting than those created by road construction. The 380,000 miles of classified National Forest System roads have been funded and constructed primarily through timber harvesting and the development of other resources to provide long-term access for use, management, and protection. In addition, the Agency estimates more than 60,000 miles of unauthorized, unplanned, and temporary roads exist on National Forest System lands. In the last 10 years, public interest in the national forest has shifted substantially toward recreation use and resource protection, while the level of commercial timber sold from the national forests has been reduced significantly. Consistent with this shift and in light of the backlog of road maintenance needs that are unfunded, and in concert with simultaneous revision of road management administrative direction, this final action will help ensure that additions to the National Forest road system will be those deemed essential for resource management and use; that, to the extent practicable, construction, reconstruction, and maintenance of roads will minimize adverse environmental impact; and finally, that unneeded roads will be decommissioned and, where indicated, ecological processes will be restored.

Alternatives: Six alternatives were identified through the scoping process and responses to the advance notice of proposed rulemaking, but four of those were considered to be outside the scope or inconsistent with the Agency objectives and were not analyzed in the Environmental Assessment. Only the proposed rule and policy with the transition requirements regarding road construction in roadless areas and a no-action alternative were analyzed in depth.

Anticipated Costs and Benefits: In most cases, the anticipated costs and benefits associated with the proposed strategy are qualitative, as the proposal provides guidance for transportation planning, but does not dictate land management decisions. Therefore, for the most part, only the expected direction of change can be described. The only exception to this are the potential effects on timber harvest, in which case the maximum potential effects were estimated, assuming for the sake of comparison that no road construction or reconstruction would occur in inventoried roadless and certain unroaded areas. A qualitative assessment found more factors with expected net positive benefits than expected negative benefits (Table E1 of the cost benefit analysis). The proposed road strategy would clearly result in net benefits through improvements in water quality, wildlife and fish habitat, protection of wilderness areas and passive use values, and reductions of the spread of noxious weeds and invasive plants. More mixed effects are expected for recreation and heritage resources, with likely reductions in some types of roaded access and some improvements or maintenance of more wilderness-type environments. Access for public safety, law enforcement, and access would not be affected. Negative effects are expected from reduced timber harvest and reduced mineral exploration and extraction, particularly during the transition phase.

Risks: The final rule and policy would not directly cause specific risks to public health, safety, or the environment. However, especially during the interim period in which higher standards apply to any decision authorizing road construction in roadless and unroaded areas, the policy should reduce risks to certain environmental values.

Timetable:
Action Date FR Cite
ANPRM  01/28/1998  63 FR 4350   
ANPRM Comment Period End  03/30/1998    
ANPRM Comment Period Extended  03/03/2000  65 FR 11676   
NPRM  03/03/2000  65 FR 11680   
NPRM Comment Period End  05/02/2000    
Final Action  01/12/2001  66 FR 3205   
Final Action Effective  01/12/2001    
Additional Information: The final rule and policy were published as Part V of the Federal Register on 01/12/2001 (66 FR 3206).
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Marian P. Connolly
Regulatory Officer
Department of Agriculture
Forest Service
MS 1134, ATTN: IRM, D&R, 1400 Independence Avenue SW,
Washington, DC 20250-1134
Phone:703 605-4533
Fax:703 605-5111
Email: mconnolly@fs.fed.us