Tuesday, May 8, 2007

Issues in OHV Planning

Issue and Alternative Descriptions

from http://www.fs.fed.us/r9/forests/chippewa/projects/nepa/progress/ohv_07/6212Alts_Chippewa_ORV.pdf

Public Involvement

Motorized access into public land is of interest to many people. The Chippewa National Forest

(CNF) staff recognizes the opportunity to develop a collaborative planning process involving the

Forest Service; Minnesota Department of Natural Resources; Cass, Itasca and Beltrami Counties;

the Leech Lake Band of Ojibwe; Townships; and others interested. The Forest’s goal is to

provide a comprehensive forest access policy that considers all stakeholders’ thoughts, issues, and

concerns.

Current Multi-Governmental ORV Planning Team

A multi-governmental ORV Planning Process Team meets regularly in northern Minnesota to

strategically guide ORV planning. The team consists of the Leech Lake Band of Ojibwe’s

Director of Natural Resources and a law enforcement representative; a county commissioner from

each of Itasca and Beltrami Counties; the land commissioners from Cass and Beltrami Counties; a

representative from Itasca county; two Minnesota Department of Natural Resources (DNR)

regional commissioners, the Chippewa Forest Supervisor, and necessary Forest Service and

Minnesota DNR staff. This group provides direction, guidance, and information for the

development of community workshops and multi-agency working groups (addressing current

road condition; mapping; signing; public information; law enforcement). The group also

facilitates dissemination of information to the variety of government officials, land management

agencies; and the public (via newsletters, presentations and conversations).

General Public Involvement on ORV Planning to Date

In the winter of 2006, five community workshops were hosted by the Forest Service, Minnesota

DNR; Cass, Itasca, and Beltrami Counties; and Leech Lake Band of Ojibwe, to review and gather

comments from interested people regarding ORV access. In October 2006 three community

workshops were held to review the work to date on proposals for forest access with ORVs. These

workshops were once again jointly hosted by the Minnesota DNR; Forest Service; and Cass,

Itasca, and Beltrami County governments. The workshops provided the public an opportunity to

ask questions about specific road access proposals and land management agency motorized

access policies. Comments were taken from attendees on the proposals. Public comments and

information from both workshops were used to develop the Off-Highway Vehicle Road Travel

Access Project Proposed Action.

Throughout the ORV planning process, four newsletters have been sent to date to over 300

people. These newsletters provide information on the progress and stages of ORV planning, and

contact information for those individuals seeking further information.

Presentations were made by Forest Service District Rangers to the Itasca, Cass, and Beltrami

County Commissioners at their formal meetings prior to public release of information, and

included proposed forest access recommendations, the process of determining forest access, and

responses to individuals’ questions.

Tribal Involvement

In January and February 2006 staff representing the Forest Service; Minnesota Department of

Natural Resources; Cass, Itasca and Beltrami Counties; Leech Lake Band of Ojibwe; and

Chippewa Forest Off -Highway Vehicle Road Travel Access Project

Issues and Alternatives PR Number: 621-2

Date: 4/13/2007 Revision Number: v.04022007 Approval: ALV

This is a controlled document: 2

The official version is located in the project record at the Chippewa Forest Supervisor’s Office.

Townships, convened to assess every road within the CNF boundary for ORV use. The

discussions and information was used in the development of the Off-Highway Vehicle Road

Travel Access Project Proposed Action. Forest Service personnel have also attended Local Indian

Councils (of the Leech Lake Band of Ojibwe) meetings. Information about the ORV route

designation process and proposal was presented and people shared their thoughts, issues, and

concerns about individual roads and Forest access policies. The feedback has been incorporated

into the Off-Highway Vehicle Road Travel Access Project alternatives. The CNF Forest

Supervisor has also talked with individuals within the LLBO leadership to keep them informed

and involved with the process.

The CNF Technology Team Leader also coordinates with the Leech Lake Band of Ojibwe’s

THIPO and staff concerning spatial data related to the ORV planning process and proposal.

Issues

An issue is a point of disagreement, debate, or dispute with a proposed action based on some

anticipated effect. Forest Service personnel receive public comments and categorize them into

significant or non-significant issues. The Council on Environmental Quality (CEQ) NEPA

regulations require this delineation in Sec. 1501.7, “…identify and eliminate from detailed study

the issues which are not significant or which have been covered by prior environmental review

(Sec. 1506.3)…”

Significant issues are those with a clear direct, or indirect, causal relationship from implementing

the proposed action. Non-significant issues are identified as those: (1) outside the scope of the

proposed action; (2) already decided by law, regulation, Forest Plan, or other higher level

decision; (3) irrelevant to the decision to be made; or (4) conjectural and not supported by

scientific or factual evidence.

Significant Issues

The Forest Service identified the following seven significant issues from public scoping.

Issue 1: Provide more connections for loop and longer day recreation experiences

Many people expressed a desire to have more roads open to ORV use that connect to each other

for longer day riding opportunities and to create loops. Having the longer riding opportunities and

loops available can reduce the ORV hauling required and provide more recreation opportunities

and different types of riding experiences in a centralized area. People also expressed a belief that

providing loops and longer day experiences would bring economics benefit to surrounding

communities.

In response to the expressed belief that providing loops and longer day riding opportunities may

bring an economic benefit to local communities, roads near the community of Remer, the Big

Fork area on the Forest, and roads connecting communities are the focus for routes to remain

open in alternatives addressing this issue. An estimate of miles of road connected to each other

developed through geographic information system analysis (GIS) and written descriptions of

connected areas on the Forest are provided as indicators for this issue.

Issue 2: Provide increased access during hunting season

Chippewa Forest Off -Highway Vehicle Road Travel Access Project

Issues and Alternatives PR Number: 621-2

Date: 4/13/2007 Revision Number: v.04022007 Approval: ALV

This is a controlled document: 3

The official version is located in the project record at the Chippewa Forest Supervisor’s Office.

Many hunters expressed a need for increased access during hunting season. A timeframe of

September 15 to December 31 was suggested to address the many different types of fall and early

winter hunting.

The dates for additional ORV access and the specific roads open are listed as indicators that

address this issue.

Issue 3: Provide increased access for recreation experience

Many people that recreate with ORVs expressed a general concern for the loss of a recreation

opportunity currently available to them. For some, the loss they expressed came from their

identity, culture, and sense of community associated with ORV riding. Many people recreate with

their family or friends and expressed a concern that decreased access would affect those

relationships or opportunities to build or enjoy those relationships. Other people simply wanted

more access to the Forest for enjoying nature; a specific opportunity, such as guided bear hunting;

or because they did not want their personal freedom limited.

The number of miles open to ORV use across the entire Forest will be used as an indicator of how

an alternative addresses this issue.

Issue 4: Protection of resources and non-motorized recreation experiences

The CNF users that want non-motorized recreation experiences expressed concerns for protection

of non-motorized trails from ORV use and a desire for more quiet areas within the Forest. Some

people suggested establishing “buffers” of non-motorized areas near trails and other suggested an

overall feeling of “too much motorized access” on the Forest already. Other people expressed

concerns for ORV use having a negative impact on natural resources in general and for specific

species such as Canada lynx. Concerns for wetlands, sensitive soils, and watershed protection

were also frequently mentioned.

Roads open within a given proximity to non-motorized trails will be used as an indicator for

addressing protection of non-motorized trails in alternatives that address this issue. The indicator

mentioned previously for Issue 4 of general density of miles open to ORV use will also provide

an indicator for people concerned with “too much” motorized access on the Forest. Miles of road

open to ORV use within lynx analysis units (LAUs) will be used an indicator.

Issue 5: Dead ends may encourage illegal use

Several people expressed concerns that roads designated for ORV use and roads “dead-ending” in

the forest may lead to illegal use from the designated end point into the surrounding forest.

For the purpose of the analysis in this project, dead-ends will be defined as roads designated open

to ORV use that do not connect to another route open to use and are less than 0.25 mile long. The

number of dead-end routes will be displayed for each alternative. Miles of road open to ORV use

within riparian management zones (RMZs) will be also be used as an indicator of potential effects

to natural resources.

Issue 6: The Lack of Road operations and maintenance funding

The CNF receives a finite allocation of Federal funds to operate and maintain roads. Many people

expressed a belief that the amount of funding the Forest receives has decreased in the recent past

and that there will not be enough funding available to manage the road system to required

Chippewa Forest Off -Highway Vehicle Road Travel Access Project

Issues and Alternatives PR Number: 621-2

Date: 4/13/2007 Revision Number: v.04022007 Approval: ALV

This is a controlled document: 4

The official version is located in the project record at the Chippewa Forest Supervisor’s Office.

standards. Another concern involves whether or not enough funding will be available to maintain

the roadways and stream crossings for environmental protection and to provide brushing and

clearing to insure public safety.

One area of concern mentioned frequently is law enforcement, specifically if funding will be

sufficient to adequately patrol roads, give citations to people riding illegally, and therefore protect

resources. Another concern involves whether or not enough funding will be available to maintain

the roadways and stream crossings, and provide brushing and clearing to insure environmental

protection and public safety.

The operation and maintenance cost for each alternative will be listed. Law enforcement costs

will be shown separate from road operations and maintenance costs.

Issue 7: Environmental Justice access to traditional hunting and gathering areas

The designation of roads open to ORV use must be in compliance with Executive Order (EO)

12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low

Income Populations. The EO states that when low-income or minority populations of the affected

area, or county, are greater than twice the state percentage for low-income or minority

populations, an environmental justice assessment must be conducted. In Minnesota, twice the

State percentage is 17.4 percent for low-income populations and 11.0 percent for minority

populations. Conditions in Beltrami, Cass, and Itasca Counties and the Leech Lake Indian

Reservation meet these requirements.

The EO also requires the Forest Service to consider:

Impacts of the proposed action to public health and whether or not impacts are present or

absent.

Impacts of the proposed action to traditional hunting and gathering.

Whether or not opportunities for public involvement in the proposed action are present or

absent.

The Forest Service considers potential impacts to public health from the proposed action to be

limited to road safety issues. Therefore, potential impacts to public health and safety will be

considered as part of the mixed-use analysis (highway-legal vehicles and off-road vehicles

traveling along the same roadway) and general topic of public road use safety.

Potential impacts of the proposed action to traditional hunting and gathering will be analyzed

spatially through a comparison of roads designated open within areas identified by Tribal

members as important traditional areas. Miles of roads open in identified traditional Tribal

hunting and gathering areas will be listed for each alternative.

Opportunities for public involvement, and the specific actions taken by Forest Service personnel

to involve Tribal and low income populations, are described earlier in this section (see Public

Involvement Opportunities for Tribal and Low Income Populations).

Issues Considered but Dropped from Further Analysis

Issue Dropped: Impacts of consolidating use on a smaller system

People expressed a concern that consolidating ORV use to a limited number of roads would lead

to negative impacts to road surfaces and create a need for increased maintenance. Many people

also believed that increased use on certain roads could create user safety problems through

Chippewa Forest Off -Highway Vehicle Road Travel Access Project

Issues and Alternatives PR Number: 621-2

Date: 4/13/2007 Revision Number: v.04022007 Approval: ALV

This is a controlled document: 5

The official version is located in the project record at the Chippewa Forest Supervisor’s Office.

increased traffic or increased interactions between highway-legal vehicles and ORVs. Some

people living along the proposed designated routes believed that consolidating use would lead to

increased noise and dust near their homes. Increased use on the designated routes could also lead

to increased impacts to natural resources along designated routes or within the surrounding

forested areas.

The Chippewa Forest Plan Monitoring Matrix (Table MON-4) includes two requirements that

relate to ORV use on the Forest and this issue. #4 Recreation Motor Vehicles (completed

annually) includes: To what extent is the Forest providing ORV opportunities; what are the effects

of the ORVs on the physical and social environment, and how effective are forest management

practices in managing ORV use. #5 Transportation System (completed every 1 to 5 years)

includes: To what extent is the Forest providing safe, cost effective, minimum access road system

for administrative and public use.

There is currently not enough scientific evidence to analyze effects regarding consolidating ORV

use onto a smaller network of roads, hence the issue will be dropped from further analysis for this

project. However, because the Forest Plan monitoring requirements are in place specifically to

gather such information, CNF staff expect to able to address these concerns with Forest Plan

monitoring data and adapt management practices as appropriate in the future.

Issue Dropped: Keep specific roads open

Many people requested that a specific road remain open based on their personal recreation habits.

Forest Service staff made note of these comments and incorporated them into alternatives based

on the consistency of the request with addressing other significant issues in the alternative. An

alternative that only considers specific road requests was not brought forward for a complete

analysis.

Issue Dropped: Law enforcement costs

One of the factors that can contribute to resource damage from ORV use is people riding off of

designated routes illegally. Many people commented that the CNF does not have enough funding

to provide sufficient law enforcement to enforce people riding on legal routes and, as a

consequence, illegal riding and resource damage would occur.

Because law enforcement costs are not a spatial issue, an alternative is not provided specifically

to address this issue. However, an estimate for law enforcement costs is listed for each alternative

for the deciding official to consider.

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