[Federal Register: October 5, 2009 (Volume 74, Number 191)]
[Notices]
[Page 51116-51125]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc09-21]
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DEPARTMENT OF AGRICULTURE
Forest Service
Continental Divide National Scenic Trail Comprehensive Plan; FSM
2350
AGENCY: Forest Service, USDA.
ACTION: Notice of final amendments to comprehensive plan and final
directives.
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[[Page 51117]]
SUMMARY: The Forest Service is amending the Continental Divide National
Scenic Trail (CDNST) Comprehensive Plan and internal agency directives
at Forest Service Manual (FSM) 2350. The CDNST Comprehensive Plan
provides overall direction for the development, management, and use of
the CDNST. FSM 2350 guides policy, development, and management of the
CDNST on National Forest System lands. This notice discusses the
changes to the CDNST Comprehensive Plan, responds to comments received
from the public, and makes final changes to FSM 2350.
DATES: Effective Date: The amendments to the CDNST Comprehensive Plan
and the implementing directives at FSM 2350 are effective November 4,
2009.
FOR FURTHER INFORMATION CONTACT: Greg Warren, CDNST National
Administrator, (303) 275-5054, gwarren@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Background
2. Public Comments and Responses
3. Regulatory Certifications
4. Final Amendments to the CDNST Comprehensive Plan
5. Final Amendments to FSM 2350
1. Background
History and Administration of the CDNST
The CDNST was established by the National Parks and Recreation Act
of 1978 (Pub. L. No. 95-625, 92 Stat. 3467), which amended the National
Trails System Act of 1968 (16 U.S.C. 1241-1251). The National Parks and
Recreation Act:
Established the CDNST between the Montana-Canada and New
Mexico-Mexico borders;
Provided for administation of the CDNST by the Secretary
of Agriculture, in consultation with the Secretary of the Interior;
Despite the general prohibition on motor vehicle use by
the public on National Scenic Trails (16 U.S.C. 1246(c)), provided for
motor vehicle use on road segments of the CDNST in accordance with
applicable regulations (16 U.S.C. 1244(a)(5)); and
Described management of recreation and other uses along
the CDNST so as not to interfere with the nature and purposes for which
the CDNST was established (16 U.S.C. 1246(c)).
The Chief of the Forest Service adopted the 1976 CDNST Study Report and
1977 CDNST Final Environmental Impact Statement on August 5, 1981 (40
FR 150) pursuant to the National Trails System Act (16 U.S.C. 1244(b)).
The National Trails System Act requires the Secretary of
Agriculture, in consultation with other affected Federal agencies, the
governors of affected states, and the relevant advisory council
established pursuant to the Act, to prepare a comprehensive plan for
the management and use of the CDNST (16 U.S.C. 1244(f)). The Forest
Service goal in 1981 for the CDNST Comprehensive Plan was to provide a
uniform trail management program reflecting the purposes of the CDNST
while providing for use and protection of the natural and cultural
resources along the CDNST. The Chief of the Forest Service approved the
Comprehensive Plan for the CDNST in 1985.
The CDNST crosses Federal lands administered by the United States
Department of Agriculture, Forest Service, and the United States
Department of the Interior, Bureau of Land Management, and National
Park Service. The Regional Forester of the Rocky Mountain Region is the
lead Forest Service official for coordinating matters concerning the
study, planning, and operation of the CDNST (FSM 2353.04).
Federal interagency trail programs generally are coordinated
through an interagency memorandum of understanding (MOU) governing the
National Trails System (06-SU-11132424-196). Programs specific to the
CDNST are developed and coordinated through the CDNST Interagency
Leadership Council (Council), consisting of Regional Foresters for the
Forest Service, State Directors for the Bureau of Land Management, and
a Regional Director for the National Park Service. The Council provides
leadership and oversight to complete and sustain the CDNST and ensures
consistent, coordinated, and effective programs for the CDNST.
The Nature and Purposes of the CDNST
A 1997 memorandum from the Deputy Chief of the Forest Service to
Regional Foresters states:
As the CDNST is further developed, it is expected that the trail
will eventually be relocated off of roads for its entire length.
The memorandum further states:
It is the intent of the Forest Service that the CDNST will be
for non-motorized recreation. * * * Allowing motorized use on these
newly constructed trail segments would substantially interfere with
the nature and purpose of the CDNST.
This memorandum clarifies the Forest Service's intent with respect
to motor vehicle use on newly constructed CDNST trail segments. In
addition, this memorandum identifies the importance of understanding
the nature and purposes of the CDNST in establishing direction
governing its development and management.
In 2004, the Council adopted the following guiding principles for
the CDNST:
Complete the Trail to connect people and communities to the
Continental Divide by providing scenic, high-quality, primitive
hiking and horseback riding experiences, while preserving the
significant natural, historic, and cultural resources along the
Trail.
In 2005, the three participating Federal agencies executed an
interagency MOU (05-MU-11020000-071) to address CDNST programs and
management consistent with the 2004 guiding principles for the CDNST.
The cooperative work under the MOU led to development of these
amendments.
These final amendments and directives revise the nature and
purposes of the CDNST to track those identified in the 1976 CDNST Study
Report and 1977 CDNST Final Environmental Impact Statement. The CDNST
Study Report states:
The primary purpose of this trail is to provide a continuous,
appealing trail route, designed for the hiker and horseman, but
compatible with other land uses. * * * One of the primary purposes
for establishing the Continental Divide National Scenic Trail would
be to provide hiking and horseback access to those lands where man's
impact on the environment has not been adverse to a substantial
degree and where the environment remains relatively unaltered.
Therefore, the protection of the land resource must remain a
paramount consideration in establishing and managing the trail.
There must be sufficient environmental controls to assure that the
values for which the trail is established are not jeopardized. * * *
The basic goal of the trail is to provide the hiker and rider an
entree to the diverse country along the Continental Divide in a
manner, which will assure a high quality recreation experience while
maintaining a constant respect for the natural environment. * * *
The Continental Divide Trail would be a simple facility for foot and
horseback use in keeping with the National Scenic Trail concept as
seen in the Appalachian and Pacific Crest Trails.
The amended CDNST Comprehensive Plan and its implementing
directives will more accurately reflect the nature and purposes of the
CDNST and the requirements of the National Trails System Act (16 U.S.C.
1244(f)). As work on the CDNST progresses, further revisions to the
CDNST Comprehensive Plan may be required. For additional information on
CDNST programs, visit http://www.fs.fed.us/cdt.
[[Page 51118]]
2. Public Comments and Responses
On June 12, 2007, the Forest Service published in the Federal
Register for public notice and comment the proposed amendments to the
1985 CDNST Comprehensive Plan and accompanying Forest Service
directives (72 FR 112). The 60-day public comment period was extended
for 60 days (72 FR 148).
The Forest Service received over 8,000 letters or electronic mail
in response to the proposed amendments and directives. The respondents
fell into the following categories:
Motor vehicle organizations: 7.
Mountain biking organizations: 5.
National scenic trail organizations: 6.
Recreation or conservation organizations: 10.
City, county, and elected officials: 2.
Unaffiliated, unique response: approximately 800.
Other (principally mountain biking enthusiasts, who submitted
comments in the form of the same electronic mail): approximately 7,200.
Many respondents supported the proposed amendments and directives.
Most respondents were concerned about access for motor vehicles and
bicycles.
Nature and Purposes Statement; Proposed FSM 2353.42, Paragraph 4 (Final
Amendments to the CDNST Comprehensive Plan, All Chapters; FSM 2353.42,
in the Final Directives)
Comments. One respondent believed that the 1985 CDNST Comprehensive
Plan had to remain unchanged to preserve its integrity for current and
future issues.
Another respondent observed that the proposed nature and purposes
statement for the CDNST appeared to derive, appropriately, from a
number of sources, including section 3(a)(2) of the National Trails
System Act, the 1976 CDNST Study Report, and the 1977 CDNST Final
Environmental Impact Statement.
Some respondents requested modification of the proposed nature and
purposes statement to provide for high-quality scenic, bicycling, and
motorized opportunities, as well as high-quality scenic, primitive
hiking and horseback riding opportunities. Other respondents stated
that activities such as cross-country skiing and snowshoeing should be
considered comparable to hiking with respect to the nature and purposes
of the CDNST.
Several respondents claimed that the nature and purposes of the
CDNST were modified by a 1983 amendment of the National Trails System
Act to include other uses, such as bicycling.
Another respondent stated that the proposed nature and purposes
statement omitted part of the policy statement for National Scenic
Trails from the National Trails System Act, specifically, the policy
that National Scenic Trails are to provide for maximum outdoor
recreation potential and conservation of natural, historic, and
cultural resources.
Another respondent recommended removing the phrase ``non-
motorized'' from the statement on the grounds that the word
``primitive'' is sufficient to provide for a quiet, nature-based
experience for hikers and equestrians. Other respondents wanted the
word ``primitive'' removed on the grounds that it was ambiguous.
Another respondent noted that the proposed amendments to the CDNST
Comprehensive Plan and FSM 2350 should apply to the extent applicable
to provisions that were not specifically referenced. Therefore, this
respondent believed that the amended CDNST Comprehensive Plan and
directives should state that the amendments to the plan and directives
supersede any other provisions of the plan and directives to the extent
of any inconsistency.
Response: The amendments to the 1985 CDNST Comprehensive Plan and
corresponding directives are to ensure that the nature and purposes of
the CDNST track those in the 1976 CDNST Study Report and 1977 CDNST
Final Environmental Impact Statement, which were prepared pursuant to
the National Trails System Act (16 U.S.C. 1244(b)). The 1976 CDNST
Study Report states:
The primary purpose of this trail is to provide a continuous,
appealing trail route, designed for the hiker and horseman, but
compatible with other land uses. * * * One of the primary purposes
for establishing the Continental Divide National Scenic Trail would
be to provide hiking and horseback access to those lands where man's
impact on the environment has not been adverse to a substantial
degree and where the environment remains relatively unaltered.
Therefore, the protection of the land resource must remain a
paramount consideration in establishing and managing the trail.
There must be sufficient environmental controls to assure that the
values for which the trail is established are not jeopardized. * * *
The basic goal of the trail is to provide the hiker and rider an
entree to the diverse country along the Continental Divide in a
manner, which will assure a high-quality recreation experience while
maintaining a constant respect for the natural environment. * * *
The Continental Divide Trail would be a simple facility for foot and
horseback use in keeping with the National Scenic Trail concept as
seen in the Appalachian and Pacific Crest Trails.
Thus, the 1976 CDNST Study Report states that the primary purpose of
the CDNST is to provide a high-quality recreation experience for hiking
and horseback riding.
Consistent with the National Trails System Act, the 1976 CDNST
Study Report, and the 1977 CDNST Final Environmental Impact Statement,
the amended CDNST Comprehensive Plan states that the nature and
purposes of the CDNST are to provide for high-quality scenic, primitive
hiking and horseback riding opportunities and to conserve natural,
historic, and cultural resources along the CDNST corridor. The amended
CDNST Comprehensive Plan and final directives implementing the
amendments to the CDNST Comprehensive Plan on National Forest System
lands provide that backpacking, nature walking, day hiking, horseback
riding, nature photography, mountain climbing, cross-country skiing,
and snowshoeing are compatible with the nature and purposes of the
CDNST (final amendments to the CDNST Comprehensive Plan, Chapter
IV(B)(5); FSM 2353.44b, para. 8, in the final directives). The
amendments to the CDNST Comprehensive Plan and directives ensure
consistency with the nature and purposes of the CDNST in the context of
right-of-way acquisition, land management planning, scenery management,
recreation resource management, motor vehicle use, trail and facility
standards, and carrying capacity.
The 1983 amendment to the National Trails System Act, which added
16 U.S.C. 1246(j), does not modify the nature and purposes of the
CDNST. The added subsection simply lists uses and vehicles that may be
permitted on National Trails generally.
The National Trails System Act states that all National Scenic
Trails must be so located to provide for maximum outdoor recreation
potential and conservation of natural, historic, and cultural resources
(16 U.S.C. 1242(a)(2)). This requirement is reflected in the nature and
purposes statement in the amended CDNST Comprehensive Plan, which
states that the nature and purposes of the CDNST are to provide for
high-quality scenic, primitive hiking and horseback riding
opportunities and to conserve natural, historic, and cultural resources
along the CDNST corridor. Where possible, the CDNST will be located in
primitive or semi-primitive non-motorized settings, which will further
contribute to providing for maximum outdoor recreation potential and
conservation of natural, historic, and cultural resources in the areas
traversed by the CDNST (FSM 2353.44b, para. 8, in the final
directives).
The Forest Service has removed the words ``non-motorized'' and
[[Page 51119]]
``recreational'' from the nature and purposes statement for the CDNST,
as these words were redundant. ``High-quality scenic, primitive hiking
and horseback riding'' are non-motorized recreation opportunities. The
Agency has not removed the word ``primitive'' from the nature and
purposes statement, as it is not redundant and is not ambiguous. It
means ``of or relating to an earliest or original stage or state.''
Webster's II New Riverside University Dictionary 934 (1984). Preferred
recreation settings, including primitive or semi-primitive non-
motorized categories, are delineated in the Forest Service's Recreation
Opportunity Spectrum system (FSM 2311.1) and described in the CDNST
Comprehensive Plan, Chapter IV(B)(5).
The amendments to the 1985 CDNST Comprehensive Plan apply
throughout the document to the extent applicable, not just to the
provisions that are specifically referenced in the amendments. The
Forest Service agrees that this intent should be expressly stated.
Therefore, the Agency has added the following statement to the
amendments:
To the extent there is any inconsistency between the foregoing
revisions and any other provisions in the 1985 CDNST Comprehensive
Plan, the foregoing revisions control.
Land Management Planning; Proposed FSM 2353.43, Paragraph 1 (FSM
2353.44b, Paragraph 1, in the Final Directives)
Comments: Some respondents requested that land management plans
include standards as well as guidelines for the CDNST, as is the case
with the Appalachian National Scenic Trail, to ensure that the CDNST is
protected in accordance with requirements of the National Trails System
Act.
One respondent supported identifying management areas for the
CDNST. Another respondent requested clarification on delineating CDNST
management areas in wilderness. Another respondent requested that
management areas extend one-quarter mile from either side of the CDNST.
Response: The Agency has revised proposed FSM 2353.43, para.1 (FSM
2353.44b, para. 1, in the final directives) to provide for adopting
standards and guidelines in land management plans for administrative
units traversed by the CDNST and to clarify the guidance for
delineating a management area. Specifically, the final directives
provide that, except where the CDNST traverses a wilderness area and is
governed by wilderness management prescriptions (36 CFR Part 293),
these land management plans must prescribe desired conditions,
objectives, standards, and guidelines for the CDNST corridor by
establishing a management area for the CDNST that is broad enough to
protect natural, scenic, historic, and cultural features (FSH 1909.12),
With regard to management areas for National Trails, H.R. Rep. No
90-1631 on the National Trails System Act states:
The rights-of-way for the trails will be of sufficient width to
protect natural, scenic, cultural, and historic features along the
trails and to provide needed public use facilities. The rights-of-
way will be located to avoid established uses that are incompatible
with the protection of a trail in its natural condition and its use
for outdoor recreation.
1968 U.S. Code Cong.& Admin. News 3855, 3863-3864, 3867.
Further, Executive Order (E.O.) 13195 states:
Federal agencies will * * * protect, connect, promote, and assist
trails of all types * * *. This will be accomplished by * * *
protecting the trail corridors associated with National Scenic
Trails * * * to the degree necessary to ensure that the values for
which [the] trail was established remain intact.
To give local managers discretion to address site-specific
conditions, the final directives do not prescribe minimum widths for
the CDNST corridor. Rather, consistent with the legislative history for
the National Trails System Act and E.O. 13195, FSM 2353.44b, para. 1a,
in the final directives states that the land management plan for
administrative units through which the CDNST traverses must, except
where the CDNST is located in a wilderness area and is governed by
wilderness management prescriptions, establish a management area for
the CDNST that is broad enough to protect natural, scenic, historic,
and cultural features (FSH 1909.12). FSM 2353.44b, para. 2b, in the
final directives contains the same requirement for CDNST unit plans,
provided that this requirement is not already met in the applicable
land management plan or wilderness management prescriptions.
CDNST Unit Plans; Proposed FSM 2353.43, Paragraph 2 (FSM 2353.44b,
Paragraph 2, in the Final Directives)
Comments: Respondents were mostly supportive of requiring
development of unit plans to meet the site-specific requirements of the
National Trails System Act. However, some respondents expressed
concerns about requiring site-specific analysis at the level of an
administrative unit for mountain biking on the CDNST. These respondents
believed that this analysis would be time-consuming and burdensome and
should instead be conducted at the regional level. Some respondents
proposed including a definition for ``carrying capacity'' or using
different terminology for that term, such as ``type and volume of
use.''
Response: The provisions of the final directives governing unit
plans establish guidance for site-specific planning for the CDNST
consistent with the National Trails System Act, the 1976 CDNST Study
Report, and the 1977 Final Environmental Impact Statement. Decisions
regarding whether to allow certain types of uses on the CDNST will be
best decided through land management planning and appropriate
environmental analysis.
Section 5(f)(1) of the National Trails System Act (16 U.S.C.
1244(f)(1)) requires carrying capacity to be established for the CDNST.
The Agency is removing the definition for ``carrying capacity'' from
the 1985 CDNST Comprehensive Plan and replacing it with a statement
that provides for using the Limits of Acceptable Change (described in
Forest Service General Technical Report INT-GTR-371 and other
publications) or a similar system to establish carrying capacity,
consistent with the nature and purposes of the CDNST and the applicable
land management plan (final amendments to the CDNST Comprehensive Plan,
Chapter IV(B)(9); FSM 2353.44b, para. 2f, in the final directives).
Monitoring; New FSM 2353.44b, Paragraphs 1c, 2g, and 3,in the Final
Directives
Comments: Respondents requested an increased emphasis on monitoring
conditions on the CDNST.
Response: The Agency has added several provisions on monitoring in
the final directives. FSM 2353.44b, para. 1c, requires that the land
management plan for an administrative unit through which the CDNST
passes establish a monitoring program to evaluate the condition of the
CDNST in the management area. FSM 2353.44b, para. 2g, requires each
unit plan for the CDNST to establish monitoring programs to evaluate
the site-specific conditions of the CDNST. FSM 2353.44b, para. 3,
requires that implementation of a CDNST unit plan be monitored by
establishing a program to evaluate and report on the overall condition
of the segment of the CDNST that traverses that unit as related to the
nature and purposes of the CDNST. Monitoring will ensure that the ROS
for the primary uses of the CDNST allows for high-quality recreational
experiences.
[[Page 51120]]
Scenery Management; Proposed FSM 2353.43, Paragraph 3, and FSM 2353.44,
Paragraph 1 (Final Amendments to the CDNST Comprehensive Plan, Chapter
IV(B)(4); FSM 2353.44b, Paragraph 7, in the Final Directives)
Comments: Respondents supported the direction on scenery management
in the proposed directives, but suggested more emphasis on middle
ground and background scenic quality. Other respondents wanted the
proposed directives to address restoration of degraded ecosystems.
Response: For scenery management purposes, the CDNST is categorized
as a concern level 1 route, with a scenic integrity objective as high
or very high. The Forest Service's Scenery Management System (SMS) (FSM
2382.1; Landscape Aesthetics: A Handbook for Scenery Management,
Agricultural Handbook 701, 1995, http://www.fs.fed.us/cdt) and the
Visual Management System (VMS) in Bureau of Land Management Manual 8400
sufficiently address middle ground and background scenic quality.
Therefore, additional scenery management direction in the final plan
amendments and directives is unnecessary. The scenery and visual
management objectives in the SMS and VMS provide for a high degree of
protection and restoration of natural resources within the CDNST
corridor.
Recreation Opportunity Spectrum; Proposed FSM 2353.43, Paragraph 4, and
FSM 2353.44, Paragraph 2 (Final Amendments to the CDNST Comprehensive
Plan, Chapter IV(B)(5); FSM 2353.44b, Paragraph 8, in the Final
Directives)
Comments: Respondents supported using the Recreation Opportunity
Spectrum (ROS) in managing the CDNST. However, some respondents wanted
the entire CDNST corridor to reflect primitive or semi-primitive
conditions.
One respondent stated that where a segment of the CDNST must be
located in an ROS setting that is not primitive or semi-primitive,
management guidelines for that segment should include as a long-term
goal changing the setting to primitive or semi-primitive.
Other respondents wanted the amended CDNST Comprehensive Plan and
implementing directives to provide that when any new segment of the
CDNST is classified as non-motorized in an area that has historically
been motorized a replacement trail should be classified as motorized.
Some respondents suggested that the CDNST Comprehensive Plan and
implementing directives state that motorized use is incompatible with
the nature and purposes of the CDNST.
Response: The CDNST Comprehensive Plan amendments and implementing
directives is to encourage location of the CDNST in primitive or semi-
primitive non-motorized areas, which will maximize the recreation
potential of the areas along the CDNST. Management objectives for the
setting and uses of the CDNST corridor will be further prescribed
through land management planning to address desired future conditions.
CDNST segments will be developed and managed according to ROS
objectives prescribed through land management planning, guided by the
amended CDNST Comprehensive Plan. The CDNST is a concern level 1 route
with a scenic integrity objective of high or very high (final
amendments to the CDNST Comprehensive Plan, Chapter IV(B)(4); FSM
2353.44b, para. 7), which will help ensure that the ROS setting in the
CDNST corridor will be maintained or improved.
To address recreation needs and opportunities for all trail users,
CDNST plans typically will be prepared in conjunction with travel
management or similar site-specific plans. For clarity, the Agency has
added a provision in the amended CDNST Comprehensive Plan, Chapter
IV(B)(5), and in FSM 2353.44b, para. 8, of the final directives listing
the recreation activities that are compatible with the nature and
purposes of the CDNST, per the 1976 CDNST Study Report.
Consistent with the National Trails System Act, the 1976 CDNST
Study Report, and the 1977 CDNST Environmental Impact Statement, motor
vehicle use is prohibited on the CDNST, other than in accordance with
Chapter IV(B)(6) of the amended CDNST Comprehensive Plan and FSM
2353.44b, para. 11, in the final directives.
Constructing Segments of the CDNST; Proposed FSM 2353.43, Paragraph 5
(Removed From the Amended CDNST Comprehensive Plan and Final
Directives)
Comments: Several respondents expressed concern that the direction
in proposed FSM 2353.43, para. 5, to limit construction of CDNST
segments could affect the ability to select the optimum location for
the CDNST and could adversely affect motor vehicle use. Another
respondent requested that the CDNST be located on existing trails where
they are adequate to meet the needs of the CDNST. Respondents also
stated that the proposed amendments and directives should not diminish
the ability to establish side and connecting trails for the CDNST.
Response: The Agency has removed the direction regarding
construction of CDNST segments from the amended CDNST Comprehensive
Plan and final directives, since issues concerning development of the
CDNST can be appropriately addressed through environmental analysis
associated with land and resource management plans and site-specific
plans.
Motor Vehicle Use; Proposed FSM 2353.43, Paragraph 6; Management of
Motor Vehicle Use That May Be Allowed; Proposed FSM 2353.44, Paragraph
4; Management of Motor Vehicle Use That Shall Be Allowed; Proposed FSM
2353.44, Paragraph 5 (Final Amendments to the CDNST Comprehensive Plan,
Chapter IV(B)(6); Consolidated into FSM 2353.44b, Paragraph 11, in the
Final Directives)
Comments: One respondent stated that the separate provisions in the
proposed directives governing motor vehicle use that ``may be allowed''
versus motor vehicle use that ``shall be allowed'' were confusing,
particularly since both provisions contained similar prerequisites for
allowing motor vehicle use.
One respondent stated that the National Trails System Act prohibits
the use of motor vehicles by the public on National Scenic Trails and
that the issue of motor vehicle use on these trails was muddied by the
authorizing provision for the CDNST, which allows motor vehicle use on
the CDNST in accordance with regulations promulgated by the appropriate
Secretary.
Several respondents expressed concern that allowing off-highway
vehicle use on the CDNST would increase use conflicts and undermine the
nature and purposes of the CDNST to provide high-quality hiking,
horseback, and other non-motorized recreation opportunities. Another
respondent believed that there would never be a situation where motor
vehicle use on the CDNST would not substantially interfere with its
nature and purposes. Another respondent commented that the proposed
amendments to the CDNST Comprehensive Plan and accompanying directives
needed to state that motor vehicle use is incompatible with the nature
and purposes of the CDNST and that although motor vehicle use may be
allowable on the CDNST in specific situations, it should be minimized
to comply with the intent of the National Trails System Act. Another
respondent
[[Page 51121]]
opposed granting exceptions to the Act's prohibition on motor vehicle
use.
Other respondents recognized that motor vehicle use may be
permissible on certain segments of the CDNST in some situations. One
respondent suggested that motor vehicle use could be allowed on the
CDNST if necessary to meet emergencies. Other respondents supported
motor vehicle use on the CDNST by land users, such as timber sale
purchasers, as provided in the National Trails System Act.
One respondent requested that the provisions regarding allowing
preexisting motor vehicle use include as deciding factors the date of
construction of the trail segment and the type of motor vehicle use,
such as the vehicle class allowed on the segment. Another respondent
believed that use of the term ``substantially'' in relation to other
uses' interference with the nature and purposes of National Scenic
Trails in section 7(c) of the National Trails System Act (16 U.S.C.
1246(c)) demonstrates an intent to accommodate motorized use on
National Scenic Trails where appropriate, as long as it does not impair
the overall quality of the non-motorized purposes of the trail. In
addition, one respondent interpreted this section of the Act to provide
that the proper time for determining whether motor vehicle use has been
allowed on a segment to be included in the CDNST is when it is added to
the trail. Another respondent requested that the proposed amendments to
the CDNST Comprehensive Plan and the proposed directives allow motor
vehicle use where it existed as of the date of establishment of the
CDNST, consistent with the 1985 CDNST Comprehensive Management Plan.
Response: A fundamental purpose of the CDNST Comprehensive Plan
amendments and their implementing directives is to address provisions
in the National Trails System Act regarding motor vehicle use. Section
7(c) of the National Trails System Act (16 U.S.C. 1246(c)) contains a
prohibition on motor vehicle use on National Scenic Trails. However,
section 7(c) also contains several exceptions to the prohibition.
Notwithstanding section 7(c) of the Act, the authorizing provisions for
the CDNST in section 5(a)(5) of the National Trails System Act (16
U.S.C. 1244(a)(5)) allow motor vehicle use on roads that are
established as segments of the CDNST, in accordance with regulations
promulgated by the Forest Service at 36 CFR part 212, subparts B and C.
The provisions governing motor vehicle use in the final amendments to
the CDNST Comprehensive Plan and the final directives are consistent
with sections 5(a)(5) and 7(c) of the National Trails System Act (16
U.S.C. 1244(a)(5) and 1246(c)). Specifically, the final amendments and
directives prohibit motor vehicle use on the CDNST, other than:
(1) When necessary to meet emergencies;
(2) When necessary to enable adjacent landowners or those with
valid outstanding rights to have reasonable access to their lands or
rights;
(3) For the purpose of allowing private landowners who have
agreed to include their lands in the CDNST by cooperative agreement
to use or cross those lands or adjacent lands from time to time in
accordance with Federal regulations;
(4) On a motor vehicle route that crosses the CDNST, as long as
that use will not substantially interfere with the nature and
purposes of the CDNST;
(5) When designated in accordance with 36 CFR Part 212, Subpart
B, on National Forest System lands or is allowed on public lands and
(a) The vehicle class and width were allowed on that segment of
the CDNST prior to November 10, 1978, and the use will not
substantially interfere with the nature and purposes of the CDNST or
(b) That segment was constructed as a road prior to November 10,
1978; or
(6) In the case of over-snow vehicles, is allowed in accordance
with 36 CFR Part 212, Subpart C, on National Forest System lands or
is allowed on public lands and the use will not substantially
interfere with the nature and purposes of the CDNST.
(Final amendments to the CDNST Comprehensive Plan, Chapter IV(B)(6);
FSM 2353.44b, para. 11, in the final directives.)
For clarity, the Agency has consolidated the provisions in the
final amendments to the CDNST Comprehensive Plan and directives that
govern motor vehicle use (final amendments to the CDNST Comprehensive
Plan, Chapter IV(B)(6); FSM 2353.44b, para. 11, in the final
directives). The first four provisions for allowing motor vehicle use
are derived from section 7(c) of the National Trails System Act (16
U.S.C. 1246(c)). The fifth and sixth provisions derive from the Forest
Service's travel management regulation (36 CFR part 212, subparts B and
C). The fifth provision takes into account preexisting motor vehicle
use by vehicle class and width and uses the date of establishment of
the CDNST as the reference point.
To the extent appropriate, motor vehicle use on the CDNST will be
addressed in land and resource management plans and site-specific
plans.
Motor Vehicle Use Restrictions; Proposed FSM 2353.44b, Paragraph 6
(Removed From the Final Amended CDNST Comprehensive Plan and
Directives)
Comments: Respondents were confused about the intent of this
proposed direction. However, they generally supported mitigation of
impacts from motor vehicle use. Some respondents believed that this
provision was unnecessary because of the Forest Service's travel
management rule.
Response: This provision has been removed from the final CDNST
Comprehensive Plan and directives. The Forest Service's travel
management rule at 36 CFR parts 212 and 261 and its implementing
directives provide adequate direction for management of motor vehicle
use on the CDNST.
Locating the CDNST on Roads; Proposed FSM 2353.43, Paragraph 7 (Final
Amendments to the CDNST Comprehensive Plan, Chapter IV(B)(5); FSM
2353.44b, Paragraph 8, in the Final Directives)
Comments: Many respondents stated that the CDNST should not be
located on roads because roads are open to motor vehicle use, which is
incompatible with the nature and purposes of the CDNST. One respondent
stated that it might have been necessary, when Congress authorized the
CDNST in 1978, to locate segments of the trail on motorized routes to
maintain its continuity, but now it should be moved from these routes
to permanently protected, non-motorized routes designed and built for
use by hikers and equestrians. Another respondent stated that roads
should be used for the CDNST only if no other practicable public right-
of-way is available.
Some respondents were concerned about implementation of section
5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)), which
provides that notwithstanding section 7(c) of the Act (16 U.S.C.
1246(c)), which generally prohibits motor vehicle use on the CDNST,
subject to certain exceptions, motor vehicle use on roads that are
segments of the CDNST is permitted in accordance with regulations
promulgated by the appropriate Secretary. Specifically, some
respondents believed that an unintended consequence of the proposed
plan amendments and directives could be to require an affirmative
determination regarding motor vehicle use. Another respondent believed
that the proposed plan and directives might unduly limit the discretion
of the Secretary to
[[Page 51122]]
promulgate regulations governing motor vehicle use on CDNST road
segments.
Response: Consistent with the prohibition on motor vehicle use in
section 7(c) of the National Trails System Act (16 U.S.C. 1246(c)), the
final amendments to the CDNST Comprehensive Plan and the final
directives provide that a CDNST segment may be located on a road only
where it is primitive and offers recreational opportunities comparable
to those provided by a trail with a Designed Use of Pack and Saddle
Stock, provided that the CDNST may have to be located on or across
motorized routes because of the inability to locate the trail elsewhere
(final amendments to the CDNST Comprehensive Plan, Chapter IV(B)(6);
FSM 2353.44b, para. 8).
The Forest Service has promulgated regulations governing
designation of roads, trails, and areas for motor vehicle use at 36 CFR
part 212, subpart B. These regulations do not require designation of
particular routes and areas for motor vehicle use. Rather, these
regulations require creation of a system of routes and areas designated
for motor vehicle use. Once routes and areas are designated for motor
vehicle use on a particular administrative unit or ranger district,
motor vehicle use that is inconsistent with those designations is
prohibited (36 CFR 261.13).
Consistent with these regulations, the final plan amendments and
directives provide that use of motor vehicles other than over-snow
vehicles is allowed on the CDNST when it is designated in accordance
with 36 CFR part 212, subpart B, and (a) the designated vehicle class
and width were allowed on that segment of the CDNST prior to November
10, 1978 (the date of establishment of the CDNST), and the use will not
substantially interfere with the nature and purposes of the CDNST; or
(b) the designated segment was constructed as a road prior to November
10, 1978. Use of over-snow vehicles is allowed on the CDNST consistent
with 36 CFR part 212, subpart C.
Locating the CDNST in a Wilderness Area; Proposed FSM 2353.43,
Paragraphs 8 (FSM 2353.44b, Paragraph 4, in the Final Directives)
Comments: Respondents were mostly supportive of locating the CDNST
in wilderness areas. One respondent suggested stating that generally
the CDNST could be located in a wilderness area, so as to make it
easier to avoid locating a segment in a wilderness area when it would
result in potential adverse effects on natural resources. Some
respondents expressed concerns regarding management of the CDNST in
wilderness study areas and wilderness areas.
Response: The final directives at FSM 2353.44b, para. 4, give trail
managers discretion to locate the CDNST inside or outside a wilderness
area. Recreational use in wilderness areas is governed by wilderness
regulations and management prescriptions. In addition, the final
directives provide that when the CDNST is located in a congressionally
designated wilderness study area or an area recommended for designation
as a wilderness area in the applicable land management plan, the CDNST
must be managed so as to leave the area unimpaired for inclusion in the
National Wilderness Preservation System.
Easements; Proposed FSM 2353.43, Paragraph 9 (FSM 2353.44b, Paragraphs
5 and 6, in the Final Directives)
Comments: Many respondents supported locating the CDNST within the
scope of permanent easements. Another respondent stated that the
proposed directives should require easements for the CDNST to be wide
enough to allow for use and management of the trail.
Response: The National Trails System Act limits the Forest
Service's ability to locate the CDNST within the scope of easements.
Specifically, section 5(a)(5) of the Act (16 U.S.C. 1244(a)(5)) states
that no land or interest in land outside the boundaries of a Federally
administered area may be acquired by the Federal Government for the
CDNST without the owner's consent. This limitation is included in
``Acquisition of Non-Federal Interests in Land,'' Chapter IV(B)(3) of
the final amended CDNST Comprehensive Plan and in FSM 2353.44b, para.
5, of the final directives.
However, the final directives state that where the CDNST crosses
private property, it should be located within the scope of a permanent
easement (FSM 5460.3). In addition, FSM 2353.44b, para. 5, in the final
directives requires that CDNST access needs be addressed in assessing
adjustments to land ownership in an administrative unit. FSM 2353.44b,
para. 1a, requires the land management plan for an administrative unit
through which the CDNST passes to establish a management area for the
CDNST that is broad enough to protect natural, scenic, historic, and
cultural features, except where the management area would overlap with
a wilderness area. The scope of the management area will guide
acquisition of easements for the CDNST.
Cooperative Agreements; new FSM 2353.44b, Paragraph 6, in the Final
Directives
Comments: Some respondents suggested addressing cooperative
agreements with state and local governments in this section of the
proposed directives.
Response: The Agency has added a new provision at FSM 2353.44b,
para. 6, which provides for execution of cooperative agreements with
other Federal agencies and State, local, and tribal governments for
CDNST purposes, in accordance with section 7(h) of the National Trails
System Act (16 U.S.C. 1246(h)).
Designed Use; Proposed FSM 2353.43, Paragraph 10 (FSM 2353.44b,
Paragraph 9, in the Final Directives)
Comments: Respondents generally supported the direction on Designed
Use in proposed FSM 2353.43, para. 10. Designed Use is the Managed Use
that requires the most demanding design, construction, and maintenance
parameters and that determines which design, construction, and
maintenance parameters will apply to a trail (FSM 2353.05). A Managed
Use is a mode of travel that is actively managed and appropriate on a
trail, based on its design and management (FSM 2353.05).
Some respondents expressed concerns about assigning a Designed Use
of Hiker/Pedestrian to some segments of the CDNST and requested that
all of the CDNST have a Designed Use of Pack and Saddle Stock. Some
respondents expressed concerns regarding availability of water sources
for hikers and equestrians along the CDNST.
Response: The 1976 CDNST Study Report allows for some segments of
the CDNST to have a Designed Use of Hiker/Pedestrian, and some segments
with that Designed Use exist along the CDNST. However, the goal is for
new CDNST segments to have a Designed Use of Pack and Saddle Stock.
Consistent with this intent, FSM 2353.44b, para. 9 in the final
directives, provides that segments of the CDNST generally should fall
into Trail Class 2 or 3 and have a Designed Use of Pack and Saddle
Stock, but that a CDNST segment may fall into Trail Class 1, 2, or 3
and have a Designed Use of Hiker/Pedestrian where a substantial safety
or resource concern exists or the direction for the management area
provides only for hiker/pedestrian use. In addition, FSM 2353.44b,
para. 9, in the final directives provides that where a CDNST segment
has a Designed Use of Hiker/Pedestrian, trail managers must consider
establishing side trails to accommodate
[[Page 51123]]
pack and saddle stock needs. With regard to available water sources,
this same paragraph in the final directives provides that if the
interval between natural water sources is excessive, trail managers
must consider developing and protecting water sources for hikers and
pack and saddle stock use.
Bicycle Use; Proposed FSM 2353.44, Paragraph 7 (Final Amendments to the
CDNST Comprehensive Plan, Chapter IV(B)(5); FSM 2353.44b, Paragraph 10,
in the Final Directives)
Comments: One respondent stated that proposed FSM 2353.44, para. 7,
adequately addressed mountain bike use where it cannot be avoided on
the CDNST, but should establish a systematic framework for monitoring
mountain bike use to determine thresholds that impair hiking and
equestrian experiences. Several respondents requested that the proposed
amendments to the CDNST Comprehensive Plan and directives address not
only mountain bike use, but other non-motorized uses as well. Other
respondents stated that the proposed amendments to the CDNST
Comprehensive Plan should give all non-motorized uses consideration
with respect to whether they are allowed on the CDNST.
One respondent believed that mountain bike use on the CDNST always
would substantially interfere with the quality of hiking and equestrian
experiences and that substantial safety issues arise when all these
uses are combined. Another respondent was concerned about cumulative
effects from mountain bike use and stated that it would be difficult,
if not impossible, to analyze effects if mountain bike use is
considered segment by segment. Some respondents requested that the
section on bicycle use be removed.
Another respondent suggested that bicycling be described as an
appropriate and established use on the CDNST that is consistent with
the intent of Congress and the nature and purposes of the trail. Based
on their understanding of the letter and spirit of the National Trails
System Act, other respondents requested revising the proposed
amendments to the CDNST Comprehensive Plan and directives to allow
mountain bike use, except where the CDNST traverses a wilderness area.
Response: Consistent with section 7(c) of the National Trails
System Act (16 U.S.C. 1246(c)), the final amendments to the CDNST
Comprehensive Plan, Chapter IV(B)(5), and the final directives at FSM
2353.44b, para.10, provide that bicycle use may be allowed on the CDNST
if the use is consistent with the applicable land and resource
management plan and will not substantially interfere with the nature
and purposes of the CDNST.
Monitoring regarding the CDNST generally is addressed in FSM
2353.44b, para. 1c, 2g, and 3, in the final directives. Other non-
motorized uses are addressed in Chapter IV(B)(5) in the amended CDNST
Comprehensive Plan, and in FSM 2353.44b, para. 8, in the final
directives, which states that backpacking, nature walking, day hiking,
horseback riding, nature photography, mountain climbing, cross-country
skiing, and snowshoeing are compatible with the nature and purposes of
the CDNST.
The amended CDNST Comprehensive Plan and its implementing
directives do not make site-specific determinations regarding use of
the CDNST. Rather, the amended plan and directives provide a framework
for managing the CDNST. Mountain bike and other possible uses of the
CDNST will be addressed through land management and unit plans.
Bicycle Use Mitigation; Proposed FSM 2353.44, Paragraph 8 (Removed From
the Final Amended CDNST Comprehensive Plan and Directives)
Comments: Some respondents agreed that the Forest Service should
avoid management practices that promote bicycle use on the CDNST.
Many other respondents did not support proposed FSM 2353.44, para.
8. These respondent noted that bicycling use on non-wilderness segments
of the CDNST deserves fair consideration and believed that there are
many non-wilderness segments where bicycling could occur.
Other respondents asked that this section be removed, since they
believed that mitigation of mountain bike use on the CDNST should be
addressed at the level of an administrative unit.
Response: The Agency has removed this direction from the final
amended CDNST Comprehensive Plan and directives, since mitigation of
bicycle use can be adequately addressed through requisite environmental
analysis, land management and unit plans, and monitoring of the CDNST.
General Comment and Responses
Comments: One respondent believed that competitive running and
mountain biking events on the CDNST are incompatible with high-quality
scenic, primitive hiking and horseback riding opportunities.
Response: The desirability of competitive events on the CDNST
typically will be addressed through land and resource management plans
and site-specific plans. In addition, competitive events that involve
an entry fee or 75 or more people require a special use permit and are
subject to environmental analysis, which will determine whether the
proposed activity would substantially interfere with the nature and
purposes of the CDNST.
Comments: Respondents recommended defining ``affirmative
determination,'' ``materially different,'' and ``substantially
interfere.''
Response: The term ``affirmative determination'' does not appear in
the final amended CDNST Comprehensive Plan and directives. The Agency
does not believe definitions for ``materially different'' and
``substantially interfere'' are necessary or appropriate, as these
terms are used in their ordinary sense and could apply in a variety of
factual situations. These terms will be applied case specifically based
on applicable land and resource management plans, as well as applicable
carrying capacity and the nature and purposes of the CDNST.
Comments: One respondent requested that the proposed amendments to
the CDNST Comprehensive Plan and proposed directives be revised to
comply with E.O. 13266, Activities to Promote Personal Fitness.
Response: The Forest Service believes that the nature and purposes
of the CDNST to provide for high-quality hiking and equestrian
opportunities are consistent with E.O. 13266.
Regulatory Impact
Comments: Some respondents believed that the proposed amendments to
the CDNST Comprehensive Plan and the proposed directives would have a
significant economic impact in two counties if mountain bikes were
precluded from the CDNST.
Response: Neither the proposed nor the final plan amendments and
directives preclude mountain bike use on the CDNST. Rather, the final
Comprehensive Plan amendments and directives state that bicycle use may
be allowed on the CDNST if the use is consistent with the applicable
land and resource management plan and will not substantially interfere
with the nature and purposes of the CDNST (final amendments to the
CDNST Comprehensive Plan, Chapter IV(B)(5), and FSM 2353.44b, para.
10).
3. Regulatory Certifications
Environmental Impact
The final amendments to the CDNST Comprehensive Plan and
corresponding directives will provide guidance to
[[Page 51124]]
agency officials implementing the National Trails System Act. The final
amendments are consistent with the nature and purposes of the CDNST
identified in the 1976 CDNST Study Report and 1977 CDNST Final
Environmental Impact Statement adopted by the Forest Service in 1981
(40 FR 150). The final amendments and directives will be applied
through land management planning and project decisions following
requisite environmental analysis.
Forest Service regulations at 36 CFR 220.6(d)(2) exclude from
documentation in an environmental assessment or environmental impact
statement ``rules, regulations, or policies to establish Service-wide
administrative procedures, program processes, or instructions.'' The
Forest Service has concluded that the final amendments and directives
fall within this category of actions and that no extraordinary
circumstances exist that require documentation in an environmental
assessment or environmental impact statement.
Regulatory Impact
The final amendments to the 1985 CDNST Comprehensive Plan and
corresponding final directives at FSM 2350 have been reviewed under
USDA procedures and E.O. 12866 on regulatory planning and review. The
final amendments and directives will not have an annual effect of $100
million or more on the economy, nor will they adversely affect
productivity, competition, jobs, the environment, public health and
safety, or State and local governments. The final amendments and
directives will not interfere with any action taken or planned by
another agency, nor will they raise new legal or policy issues.
Finally, the final amendments and directives will not alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights and obligations of beneficiaries of such programs.
Accordingly, the final amendments and directives are not subject to
review by the Office of Management and Budget under E.O. 12866.
Regulatory Flexibility Act Analysis
The Agency has considered the final amendments to the 1985 CDNST
Comprehensive Plan and corresponding final directives at FSM 2350 in
light of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). The
final amendments and directives will not have any effect on small
entities as defined by the Regulatory Flexibility Act. The final
amendments and directives will not directly affect small businesses,
small organizations, and small governmental jurisdictions. Therefore,
the Agency has determined that the final amendments and directives will
not have a significant economic impact on a substantial number of small
entities pursuant to the Regulatory Flexibility Act because the final
amendments and directives will not impose record-keeping requirements
on small entities; will not affect their competitive position in
relation to large entities; and will not affect their cash flow,
liquidity, or ability to remain in the market.
No Takings Implications
The Agency has analyzed the amendments to the 1985 CDNST
Comprehensive Plan and corresponding final directives at FSM 2350 in
accordance with the principles and criteria contained in E.O. 12630.
The Agency has been determined that the final amendments and directives
will not pose the risk of a taking of private property.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The Forest Service has considered the amendments to the 1985 CDNST
Comprehensive Plan and corresponding final directives at FSM 2350 under
the requirements of E.O. 13132 on federalism and has determined that
the final amendments and directives conform with the federalism
principles set out in this E.O.; will not impose any compliance costs
on the States; and will not have substantial direct effects on the
States, the relationship between the Federal government and the States,
or the distribution of power and responsibilities among the various
levels of government. Therefore, the Agency has determined that no
further assessment of federalism implications is necessary. Moreover,
the final amendments and directives will not have Tribal implications
as defined by E.O. 13175, Consultation and Coordination with Indian
Tribal Governments, and therefore advance consultation with Tribes is
not required.
Energy Effects
The Agency has reviewed E.O. 13211 on actions concerning
regulations that significantly affect the energy supply and has
determined that the final amendments to the 1985 CDNST Comprehensive
Plan and corresponding final directives at FSM 2350 will not constitute
a significant energy action as defined in the E.O.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), the Agency has assessed the effects of the final
amendments to the 1985 CDNST Comprehensive Plan and corresponding final
directives at FSM 2350 on State, local, and Tribal governments and the
private sector. The final amendments and directives will not compel the
expenditure of $100 million or more by a State, local, or Tribal
government or anyone in the private sector. Therefore, a statement
under section 202 of the act is not required.
Controlling Paperwork Burdens on the Public
The final amendments to the 1985 CDNST Comprehensive Plan and
corresponding final directives at FSM 2350 do not contain any record-
keeping or reporting requirements or other information collection
requirements as defined in 5 CFR part 1320 that are not already
required by law or not already approved for use. Accordingly, the
review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) and its implementing regulations at 5 CFR part 1320 do
not apply.
4. Final Amendments to the CDNST Comprehensive Plan
1. Nature and Purposes. For all chapters of the 1985 CDNST
Comprehensive Plan, the Agency is revising the nature and purposes
statement as follows:
Administer the CDNST consistent with the nature and purposes for
which this National Scenic Trail was established. The CDNST was
established by an Act of Congress on November 10, 1978 (16 USC
1244(a)). The nature and purposes of the CDNST are to provide for
high-quality scenic, primitive hiking and horseback riding
opportunities and to conserve natural, historic, and cultural
resources along the CDNST corridor.
2. Acquisition of Non-Federal Interests in Land. The Agency is
removing in its entirety ``Rights-of-Way Acquisition on Non-Federal
Lands,'' Chapter IV(B)(3), pages 40-44, in the 1985 CDNST Comprehensive
Plan and replacing it with the following statement under ``Acquisition
of Non-Federal Interests in Land,'' Chapter IV(B)(3), in the 2009 CDNST
Comprehensive Plan:
Do not acquire any non-federal land or interest in land for the
CDNST without the owner's consent. Do not acquire in fee title more
than an average of one quarter mile on either side of the CDNST.
3. Visual Resource Management. The Agency is adding the following
[[Page 51125]]
statements under ``Visual Resource Management,'' Chapter IV(B)(4), in
the 2009 CDNST Comprehensive Plan:
Scenery along the CDNST may be managed using the Scenery
Management System (FSM 2382.1; Landscape Aesthetics: A Handbook for
Scenery Management, Agricultural Handbook 701, 1995, http://
www.fs.fed.us/cdt). The CDNST is a concern level 1 route, with a
scenic integrity objective of high or very high, depending on the
trail segment.
4. Recreation Resource Management. The Agency is removing the
following statement from pages 51-52 in the 1985 CDNST Comprehensive
Plan:
Each agency will manage the CDNST in accordance with the
recreation management objectives and prescriptions set forth in
their respective land and resource management plans for the specific
management area through which the trail passes.
The Agency is adding the following statements under ``Recreation
Resource Management Along the CDNST,'' Chapter IV(B)(5), in the 2009
CDNST Comprehensive Plan:
Manage the CDNST to provide high-quality scenic, primitive
hiking and pack and saddle stock opportunities. Backpacking, nature
walking, day hiking, horseback riding, nature photography, mountain
climbing, cross-country skiing, and snowshoeing are compatible with
the nature and purposes of the CDNST. Bicycle use may be allowed on
the CDNST (16 U.S.C. 1246(c)) if the use is consistent with the
applicable land and resource management plan and will not
substantially interfere with the nature and purposes of the CDNST.
Use the Recreation Opportunity Spectrum (ROS) in delineating and
integrating recreation opportunities in managing the CDNST. Where
possible, locate the CDNST in primitive or semi-primitive non-
motorized ROS classes, provided that the CDNST may have to traverse
intermittently through more developed ROS classes to provide for
continuous travel between the Montana-Canada and New-Mexico-Mexico
borders.
Locate a CDNST segment on a road only where it is primitive and
offers recreational opportunities comparable to those provided by a
trail with a Designed Use of Pack and Saddle Stock, provided that
the CDNST may have to be located on or across motorized routes
because of the inability to locate the trail elsewhere.
5. Motor Vehicle Use (16 U.S.C. 1244(a)(5) and 1246(c); 36 CFR Part
212, Subpart B). The Agency is removing in its entirety the direction
on motor vehicle use in Chapter IV(B)(6), pages 55-58, of the 1985
CDNST Comprehensive Plan.
The Agency is adding the following direction under ``Motor Vehicle
Use on the CDNST,'' Chapter IV(B)(6), in the 2009 CDNST Comprehensive
Plan:
Motor vehicle use by the general public is prohibited on the
CDNST, unless that use is consistent with the applicable land
management plan and:
a. Is necessary to meet emergencies;
b. Is necessary to enable adjacent landowners or those with
valid outstanding rights to have reasonable access to their lands or
rights;
c. Is for the purpose of allowing private landowners who have
agreed to include their lands in the CDNST by cooperative agreement
to use or cross those lands or adjacent lands from time to time in
accordance with Federal regulations;
d. Is on a motor vehicle route that crosses the CDNST, as long
as that use will not substantially interfere with the nature and
purposes of the CDNST;
e. Is designated in accordance with 36 CFR Part 212, Subpart B,
on National Forest System lands or is allowed on public lands and:
(1) The vehicle class and width were allowed on that segment of
the CDNST prior to November 10, 1978, and the use will not
substantially interfere with the nature and purposes of the CDNST or
(2) That segment of the CDNST was constructed as a road prior to
November 10, 1978; or
f. In the case of over-snow vehicles, is allowed in accordance
with 36 CFR Part 212, Subpart C, on National Forest System lands or
is allowed on public lands and the use will not substantially
interfere with the nature and purposes of the CDNST.
6. Trail and Facility Standards. The Agency is removing the
following statement from page 61 of the 1985 CDNST Comprehensive Plan:
In keeping with the National Scenic Trails concept, the trail
should be regarded as a simple facility for the hiker and horseman,
and where already existing and appropriate, for trail bikers and
recreational four-wheel drive use.
The Agency is adding the following statement under ``Trail and
Facility Standards,'' Chapter IV(B)(8), in the 2009 CDNST Comprehensive
Plan:
Any development of and associated facilities for the CDNST
should be minimal and appropriate for hiker/pedestrian and pack and
saddle stock use.
7. Carrying Capacity. The Agency is removing the definition of
``carrying capacity'' from page E-4 and the following statement from
page 69 of the 1985 CDNST Comprehensive Plan:
Forest Service and BLM managers will use the carrying capacity
guidelines respectively, developed for each Recreation Opportunity
Spectrum class through with the CDNST passes.
The Agency is adding the following statements under ``Carrying
Capacity,'' Chapter IV(B)(9), in the 2009 CDNST Comprehensive Plan:
Establish a carrying capacity for the CDNST that accommodates
its nature and purposes. The Limits of Acceptable Change or a
similar system may be used for this purpose.
8. Inconsistencies. To the extent there is any inconsistency
between the foregoing revisions and any other provisions in the 1985
CDNST Comprehensive Plan, the foregoing revisions control.
5. Final Amendments to FSM 2350
The final directives implementing the amendments to the 1985 CDNST
Comprehensive Plan as applied to National Forest System lands are
posted at http://www.fs.fed.us/cdt. The FSM can be found on the
Internet at http://www.fs.fed.us/im/directives/fsm/2300/2350.doc. The
final directives add a reference to the CDNST Comprehensive Plan as an
authority in FSM 2353.01d; add administration of the CDNST as a
responsibility of forest and grassland supervisors in FSM 2353.04i,
para. 13; add the nature and purposes of the CDNST in FSM 2353.42; and
add detailed direction in FSM 2353.44b governing implementation of the
CDNST on National Forest System lands.
Approved: September 24, 2009.
Hank Kashdan,
Associate Chief, Forest Service.
[FR Doc. E9-23873 Filed 10-2-09; 8:45 am]
BILLING CODE 3410-11-P