DRAFT DECISION NOTICE FOREST SERVICE TRAIL #038 SEGMENT CONVERSION U.S. FOREST SERVICE TONGUE RANGER DISTRICT BIGHORN NATIONAL FOREST JOHNSON COUNTY, WYOMING DECISION Based upon my review of the Forest Service Trail #038 Segment Conversion Environmental Assessment, I have decided to implement an adaptive approach to meet the multiple needs of the public and use in this area and have selected alternative 3, the motorized single track trail class 2 with limitations (see below). This would convert approximately three miles of Forest Service Trail #038 (referred to as the Beaver Lakes Section) to a single track motorized trail. DECISION RATIONALE The Beaver Lakes section of Trail #038 was neither originally designed nor has it been modified to accommodate larger motorized vehicles such as all-terrain vehicles (ATV), making travel by these vehicles dangerous and precarious. Resources (funding and personnel) are expected to continue to decline, compelling managers to look at options that best utilize available funds (agency and partnership) to care for the Bighorn s trail system. The limitation and adaptive design of this decision recognizes the need to complete trail maintenance to comply with design standards that meet the Bighorn National Forest Land and Resource Management Plan (Forest Plan) for public safety concerns and resource protection for soil and water. I have decided this should be subject to a time limitation to allow for a reasonable time frame to apply for additional funding and complete the needed maintenance to bring the trail to class 2 design and maintenance standards. In order to track success, monitoring and reporting to the public via a news release or other appropriate means will be required. Monitoring will be completed by the forest s trails and recreation staff to actively pursue funding through a variety of methods with the Wyoming State Trails program or other partnerships. The measure of success will be, at the end of five years, a successful award of funding and completion of, or showing progress toward, implementation of the maintenance work on this section. The limitation was set to recognize the true safety concerns and that this trail does not currently meet trail standards however understanding the true desire from the public comments to keep the trail open to single track use. If the maintenance is completed to address the safety concerns and designed to meet the trail standards, then motorized use on the trail could continue into the future. Five years was chosen as a reasonable time frame in which to compete for funding and/or develop partnerships and complete the maintenance work in order to address the safety concerns. If, after five years, monitoring indicates management is not successful with Page 1 of 6
partnerships or acquiring State Trails funds then the management direction is to place a permanent special order to close this three-mile section to all motorized use. I recognize that the current funding structure for trail maintenance across the Bighorn National Forest limits the forest s ability to complete the needed work. Higher priority trails with more volume of use and higher risk are in need of the funds. Keeping this trail as a motorized use will allow the forest to apply for grant funds with the Wyoming State Trails program and possibly seek partnerships in order to complete the needed work on this trail to keep it open for motorized use. I considered many options to accomplish maintenance, including working with Wyoming State Trails and other partners. Access for equipment and crews is very difficult in this area and a great deal of other trail work would not be accomplished. Keeping this designated as a single track motorized trail will preserve eligibility to compete for grant funding from the Wyoming State Trails program. Converting the Beaver Lakes section of Trail #038 to a single track and lower trail class would help meet the Forest s goals and desired conditions. Further, if the forest, within the 5 year time frame can successfully compete for funds (State or other partnership opportunities) to bring the section of the trail to the class 2 standard, it would meet the intent of the Forest Plan. The desired future condition for this management area for recreation is: A wide variety of recreational activities take place in this area, both motorized and nonmotorized. There is a moderate level of opportunity to experience solitude as well as challenge and risk. Motorized trails are managed for motorcycles or ATVs as well as nonmotorized recreation, but may not always be clear of debris. Both snowmobiling and cross-country skiing are allowed. Skiers should expect to encounter snowmobiles. Improvements to enhance recreation opportunities may include parking areas and informational, interpretative and directional signs, but improvements are minimal. Management category 3 goes further to explain that users can expect challenges and risks such that restrictions on motorized travel may vary by area and season. The recreation guideline for this management area is to manage for an adopted Recreation Opportunity Spectrum class of semi-primitive motorized. The decision is to convert the three-mile segment of the motorized trail to single track motorized with a condition class 2 would achieve objectives and move toward desired conditions in the Forest Plan, and meet the purpose and need if the required maintenance is completed on the trail. If within the five-year time frame the maintenance needed to bring the motorized trail to a design standard condition class 2 is not completed or in progress, the Forest Plan desired condition and objectives will not be met. Therefore, making the decision to close the Beaver Lakes section to motorized trail class 1 (environmental assessment alternative 2) to be the alternative that would fully meet the Forest Plan desired conditions and objectives. As described in the environmental assessment, I considered the effects of leaving the three-mile section of trail as is (alternative 1 no action), converting to non-motorized (alternative 2 proposed action), and converting to single track motorized (alternative 3). I thought carefully about the purpose and need for the project and conditions in the project area. Cooperator and Page 2 of 6
public comments were very important as I weighed how to balance resource protection, recreation access, visitors values for the Penrose Park area, and management of other resources. I also considered the Bighorn National Forest Trails Strategy. The strategy describes the needs for maintaining the Forest s trails to meet Forest Service standards and provide a safe and effective trail system. The strategy outlines long-term management and balances anticipated maintenance needs with budget constraints. Due to the trail s condition and the fact that the trail was not designed for motorized use, for a number of years the strategy has identified the need to address the Beaver Lakes section of Trail #038. The trail bed in many locations is very rocky; large boulders would still require substantial maintenance to create a single track motorized trail that would meet the needs of users with a wide variety of skill levels. A number of commenters were adamantly opposed to this segment s being converted because it would eliminate motorized access to the area. The commenters suggested that the primary use is single track use and keeping it open at least for single track would continue a loop trail system opportunity. While the decision would end legal access for ATVs on approximately three miles, I do not feel motorized access for ATV would be completely lost with this alternative. The primary destinations (Kearney Lake and Beaver Lakes) would still be accessible via motorized ATV use on the road to the north and trail to the west of the project area. Additionally, motorized access is provided to the east along Trail #033 and continue on Trail #038 to Willow Park Reservoir. A number of commenters were very supportive of the conversion to non-motorized use based exclusively on the public safety concerns. While this alternative does not eliminate motorized use, I believe it will meet the primary safety concerns if the agency is successful in obtaining funding or partnerships to bring the trail into class 2 design standards. A number of commenters also expressed concerns that historical use on this trail was nonmotorized and that the trail should be returned to non-motorized use exclusively. While I understand the historical nature of this trail, it is also noted that Trail #038, in its entire length, is approximately 55 miles long and the majority is already non-motorized (approximately 44 miles). This segment of approximately three miles is part of the 11 miles of Trail #038 that is motorized and is isolated from the other non-motorized sections. Being isolated from the other non-motorized sections, I feel does not meet the intent or recreational experience as described by the comments. I continually revisited the project s purpose and need and made every effort to thoughtfully consider the diversity of recreation opportunities, access to manage natural resources, permitted uses on the Forest, environmental impacts, and public safety. I feel this decision with the limitations balances those needs. The environmental assessment documents the environmental analysis and conclusions upon which this decision is based. Page 3 of 6
PUBLIC INVOLVEMENT The proposal was first listed in the schedule of proposed actions report in February 2016. The legal notice was printed in the Casper-Star Tribune (the Bighorn National Forest paper of record) on November 25, 2016, with the 30-day comment period. A second legal notice was printed in the Casper-Star Tribune on December 28, 2016, with a second 30-day comment period. The notice was also posted to the Forest s web page and mailed directly to the following individuals, organizations, and agencies: Wyoming Game and Fish Department Wyoming State Trails Inyan Kara Riders Council for the Bighorn Range Dave Clarendon Northwest Wyoming Off-Highway Vehicle Alliance Arapaho Tribal Council Northern Cheyenne Tribal Council Crow Tribal Council Shoshone Tribal Council Bureau of Land Management (Buffalo Field Office) Thirty-nine comment letters were received as part of the scoping. Specific comments were given full consideration in the development of alternatives. Through a process of disposition of the issues identified through internal and external scoping, three alternatives were developed and analyzed by the interdisciplinary team. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with and conforms to the Forest Plan. A finding of no significant impact and environmental assessment were considered. I determined these actions will not have a significant effect on the quality of the human environment, and an environmental impact statement will not be prepared. The following laws and regulations were considered for compliance of the environmental analysis: National Forest Management Act Endangered Species Act National Historic Preservation Act Executive Order 12898 Environmental Justice Clean Water Act Executive Order 11990 Protection of Wetlands Executive Order 11988 Floodplain Management Forest and Rangeland Renewable Resources Planning Act The Organic Act Multiple Use-Sustained Yield Act Page 4 of 6
National Trails System Act Travel Management Rule 36 CFR 212 (Travel Management), 36 CFR 219 (Planning), and 36 CFR 222 (Range Management) Rescissions Act Federal Noxious Weed Act Native American Graves Protection and Repatriation Act Fish and Wildlife Coordination Act National Environmental Policy Act Executive Order 12962 Recreational Fisheries OBJECTION OPPORTUNITIES A 45 day opportunity to object will provided beginning September 29, 2017, pursuant to Federal regulations at 36 CFR 218, Project Level Predecisional Administrative Review Process. If objections are filed, they will be resolved following the end of the objection period. There will be no further opportunity for administrative review or objection. Objections can be sent to: Administrative Review Officer Trail 038 Segment Conversion Project (Tongue Ranger District, Bighorn National Forest) 1617 Cole Boulevard, Building 17 Lakewood, CO 80401 Or submitted by email: R02admin review@fs.fed.us IMPLEMENTATION DATE Implementation of activities under the proposed action selected will occur under the authority of this decision notice. Exact mileage and location are approximate and may vary slightly during implementation depending on site-specific conditions. If no objection is filed, the decision notice may be signed on the fifth business day following the end of the objection filing period; if objections are received, the decision may be implemented immediately after the final decision is signed(36 CFR 218.12(a)). CONTACT For additional information concerning this decision, contact: Sara Evans-Kirol, Forest Trails Manager, 2013 Eastside 2 nd Street, Sheridan, WY 82801, (307) 674-2600. ****DRAFT****DRAFT*****DRAFT*****DRAFT*****DRAFT*****DRAFT*****DRAFT*****DRAFT** Amy R. Ormseth District Ranger Date Page 5 of 6
Tongue Ranger District In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. Page 6 of 6