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https://www.federalregister.gov/public-inspection/2026-17211/environmental-impact-statements-availability-etc-travel-management-national-forest-system-lands
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The Travel Management Rule (TMR), discovered at 36 Code of Federal Regulations (CFR) half 212, offers the regulatory framework for managing the National Forest System (NFS) transportation system and public motorcar use. The rule is organized into subparts A, B, and C.
Most operative provisions now in subpart A predate the 2005 TMR. In 2005, the Forest Service designated current sections 212.1 by means of 212.21 as subpart A and revised part 212.1. Subpart A outlines how the Forest Service (Agency) plans, develops, and manages the forest transportation system. It consists of definitions, necessities for the transportation program, and particular provisions associated to:
These provisions set up the entry, development and upkeep, cooperative administration, procurement, and monetary obligations obligatory for administering the forest transportation system.
Part 295 carried out Executive Orders (E.O.s) 11644 and 11989 by offering for the designation of areas and trails on which off-road automobile use was allowed, restricted, or prohibited. The 2005 TMR outdated half 295 and established subpart B’s unit-wide system of motorcar use designations. The 2015 rule revised subpart C to require over-snow automobile use designations on items with sufficient snowfall the place such use happens. Subparts B and C:
Subparts B and C responded to rising off-road automobile use and the necessity to defend pure assets from the proliferation of user-created routes and to scale back conflicts amongst makes use of. Publication of maps figuring out designated roads, trails, and areas inform the general public the place, when, and which motorcar makes use of had been permitted, and helped deter user-created routes and related opposed environmental impacts.
Since 2005, all however 6 of the 154 nationwide forest items and 20 nationwide grassland items have established motorcar use maps (MVUMs) designating roads, trails, and areas open to public motorcar use. Over-snow automobile use maps (OSVUMs) have been established on 25 of the estimated 101 items that obtain sufficient snowfall to warrant over-snow journey administration.
The TMR supplied a posh procedural framework to counter the proliferation of user-created motorcar routes and established an rigid, nationally-driven framework for designating roads, trails, and areas open or closed to public motorcar use. Maps displaying these designations
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had been printed and are presently in use on these administrative items the place journey administration planning has been accomplished.
On May 29, 2026, the President signed E.O. 14408,
Removing Unnecessary and Counterproductive Restrictions on Access to Federal Lands.E.O. 14408 rescinded E.O.s 11644 and 11989, which the present TMR carried out, and directed related businesses to provoke rulemaking to rescind or revise laws beforehand adopted to implement these Orders.
Under the Secretary’s statutory authority to control the use and occupancy of NFS lands, together with 16 U.S.C. 551, and, as relevant to nationwide grasslands and different lands administered underneath title III of the Bankhead-Jones Farm Tenant Act, 7 U.S.C. 1011(f), and in mild of the executive prices and challenges related to implementing the TMR, and recognizing the coverage set forth in E.O. 14408, the Department proposes to revise 36 CFR part 212 and related provisions partly 261 to alleviate pointless regulatory burdens, set up a contemporary entry and travel-management framework that addresses present wants and altering situations, and enhance public entry to NFS lands whereas retaining legally required protections and constructing upon the designation and mapping framework established since 2005.
E.O. 14408 states that technological, operational, and land-management developments help changing the designation standards derived from E.O.s 11644 and 11989 with a framework grounded in relevant statutory authorities. Conditions inside and adjoining to NFS lands even have modified because the prior Executive Orders had been issued and the journey administration laws had been initially promulgated and revised. These adjustments embody an increasing wildland-urban interface; rising impacts of maximum wildfire, drought, and bug and illness infestations; rising public recreation and entry wants; and altering recreation expertise.
Based on the Department’s evaluate of previous journey administration public course of feedback, lawsuits, and planning implementation timeframes, the Department believes that specified TMR necessities governing designation, minimization, and narrowly outlined prohibitions might overlap with necessities imposed by different authorities or might unnecessarily delay some designation revisions. Twenty years of implementation point out that making use of the identical TMR-specific procedures to each designation revision, no matter scale, might impose time and analytical burdens disproportionate to minor or iterative changes. The Department due to this fact is contemplating a framework that may distinguish clerical corrections and minor designation revisions from extra substantive adjustments whereas retaining nationally uniform mapping, publication, transition, and enforcement necessities.
E.O. 14408 rescinded E.O.s 11644 and 11989 and directs businesses to rescind or revise laws beforehand adopted to implement these Orders. The Department is exercising its impartial statutory discretion to find out probably the most acceptable course of for balancing competing values and makes use of, whereas guaranteeing public entry to NFS lands inside the current multiple-uses framework.
Exercising its impartial statutory authority, the Department proposes to take away the nationwide minimization standards and set up a nationally relevant entry coverage underneath which native officers would make designation and closure choices primarily based on documented native situations and wishes, topic to relevant legislation, legitimate current rights, and the revised laws.
Except as expressly recognized within the proposed rule, the proposed motion wouldn’t alter necessities imposed by different statutory authorities for environmental evaluate, public involvement, or administrative evaluate.
The Department proposes to switch the minimization standards and different recognized TMR-specific procedures with an access-oriented framework grounded in relevant statutes, laws, and the proposed entry rule, as follows:
(1) Clarify the connection between land administration planning underneath the National Forest Management Act and journey administration or entry choices underneath this half. Land administration plans set up the broad, built-in framework for managing NFS lands. They don’t themselves authorize particular person initiatives or actions. Decisions regarding the designation, administration, modification, or discontinuation of explicit roads, trails, areas, and lessons of motorcar use are implementation-level choices which can be appropriately made by accountable officers primarily based on present site-specific situations and administration wants.
(2) Experience implementing the 2005 TMR demonstrates that unnecessarily linking journey administration choices to land administration planning can scale back the flexibleness obligatory to answer altering entry wants, recreation calls for, useful resource situations, wildfire and different disturbances, public security considerations, upkeep capabilities, and accessible funding. Land administration plans sometimes function over lengthy planning horizons, whereas transportation programs and public makes use of might require extra well timed adjustment.
(3) Accordingly, the proposed rule would acknowledge the necessity to stay in step with the National Forest Management Act however would make clear that journey administration or entry choices aren’t land administration planning choices and needn’t be made by means of the procedures governing improvement, modification, or revision of land administration plans, until a plan modification or revision is required to resolve inconsistency with an relevant plan element. Within these constraints, accountable officers would retain discretion to make entry choices underneath this half primarily based on the circumstances offered on the time of the choice.
(4) Travel planning is topic to evaluate underneath the National Environmental Policy Act (NEPA), as relevant. For an EIS, USDA’s NEPA laws require evaluation of moderately foreseeable important results and supply for the usage of design standards, the place acceptable, to keep away from or decrease opposed results (7 CFR 1b.7(h)(5)(i)-(ii), 1b.11(a)(11)-(12)).
(5) Motor automobile use designations additionally should adjust to different relevant legal guidelines, together with the Clean Water Act, Clean Air Act, Endangered Species Act, National Trails System Act, National Historic Preservation Act, and Wilderness Act. Because land administration plans and NEPA don’t essentially provide the entire substantive designation standards or public-participation procedures presently contained partly 212, the revised laws would establish the requirements and procedures that may govern future designation and closure choices.
Revisions to 36 CFR parts 212 and 261 are proposed to take away the present minimization standards and streamline specified course of necessities in mild of relevant statutory necessities.
Section 212.54 presently applies the public-involvement, governmental-coordination, and designation-criteria necessities in sections 212.52, 212.53, and 212.55 to revisions of motorcar use designations, together with minor revisions. The proposed entry rule will
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simplify this requirement, as the suitable degree of NEPA evaluate depends upon the circumstances, and clerical map corrections that don’t revise a designation could also be dealt with individually. Section 212.54 applies the TMR-specific public-involvement, governmental-coordination, and designation-criteria necessities to revisions no matter scale. The Department believes that making use of the total set of these procedures to minor revisions might impose burdens disproportionate to the choice. The proposed rule due to this fact would distinguish clerical corrections and minor designation revisions from extra substantial adjustments and specify the procedures relevant to every. Regular and well timed updates to MVUMs and OSVUMs have been essential to fulfill group wants and supply entry for a broad vary of leisure, subsistence, and different makes use of. These maps didn’t create, extinguish, or alter legitimate current rights. The proposed entry rule would require built-in digital maps to be made accessible to the general public that present entry guidelines for all trails, roads, airfields, trailheads, and different entry routes and factors and could be the authoritative public supply for designations made underneath the revised laws. The map would publish designations and restrictions adopted by means of the procedures prescribed by the revised laws. A clerical map correction wouldn’t itself change lawful public use.
The proposed entry rule would additionally help implementation of part 127 of the EXPLORE Act, which directs the Secretary to hunt to supply publicly accessible, GIS-compatible motorcar use maps for every NFS unit inside the statutory timeframe and to replace these maps periodically, in accordance with current legislation. The EXPLORE Act additionally directs the Secretary to hunt to create further alternatives, as acceptable and in accordance with current legislation, for motorized and non-motorized entry and recreation.
The goal of the proposed motion is deregulatory with an intent to modernize the Agency’s travel-planning course of, making it much less burdensome, extra environment friendly and timelier, and extra conscious of leisure and different entry wants on forests and grasslands throughout the nation. The amended laws would additionally help the Administration’s give attention to rising entry and leisure alternatives on Federal lands.
In addition, the Department seeks to scale back duplication between land administration planning, environmental evaluate, and journey planning.
Applicable land administration plans and NEPA evaluation inform native choices however don’t themselves set up all substantive or procedural requirements for motorcar use designations. The amended laws due to this fact would set up the governing nationwide entry and closure standards and retain uniform mapping, publication, vehicle-class, transition, and enforcement necessities. Within that framework, native managers may replace public motorcar entry extra effectively primarily based on documented native situations, in step with relevant legislation, legitimate current rights, and different governing devices.
The proposed motion would set up a brand new nationwide coverage to information native travel-management choices, take away the minimization standards in subparts B and C, revise different recognized course of necessities, and individually amend subpart A as described under.
Future adjustments to public entry lined by the amended laws could be ruled by the proposed entry rule, relevant legal guidelines, legitimate current rights, different governing devices, and public participation and governmental coordination necessities recognized within the amended rule, Tribal session necessities, native entry wants, and documented useful resource and security issues. Maps displaying designated roads, trails, airfields, trailheads, and different entry routes and factors would proceed to be printed and periodically up to date for every NFS administrative unit.
The proposed laws would set up a brand new regulatory framework governing native decision-making. The Department invitations public touch upon the next parts of that framework:
1. The amended laws would set up a presumption that current roads, trails, airfields, trailheads, and different entry routes and factors on NFS lands are open to acceptable public use until closure or restriction is required by relevant legislation, legitimate current rights, or one other governing instrument, or is supported by particular, documented and justifiable causes primarily based on science-based useful resource situations, public security, conflicts amongst makes use of, or upkeep and administrative capability. This presumption would come with entry alongside part strains in sure nationwide grasslands in North Dakota. The presumption wouldn’t itself set up the existence, possession, or scope of a public right-of-way or set up Forest Service jurisdiction or authorized entry. Seasonal restrictions could possibly be utilized. The amended laws would require, topic to accessible appropriations, an annual unit-level course of to establish closed or extremely restricted trails, roads, airfields, trailheads, and different entry routes and factors which will warrant reconsideration. The accountable official would conduct the evaluate and point out which routes or entry factors could also be reconsidered for a change in standing. A route could be reopened solely by means of the method prescribed by the proposed entry rule and provided that reopening could be in step with relevant legislation, legitimate current rights, different governing devices, accessible appropriations, and the governing entry and closure standards.
2. The proposed entry rule would set up a requirement to think about new roads, trails, airfields, trailheads, and different entry routes and factors the place acceptable to extend entry. The coverage wouldn’t itself authorize development or commit assets and would stay topic to relevant legislation, legitimate current rights, governing devices, site-specific evaluate, and accessible appropriations.
3. The proposed laws would deal with Forest Service administration of NFS airfields and the usage of NFS lands for plane touchdown and takeoff. It would establish the laws and current airfield or plane restrictions proposed for modification and the standards and course of for opening, limiting, or closing an airfield.
4. The proposed entry rule would set up processes and situations for authorizing restricted off-route motorcar and different motorized gear use for, amongst different issues, downed big-game retrieval, firewood assortment, dispersed tenting, and for designating areas for over-snow and different motorized recreation. The proposed laws would specify whether or not every use could be approved by means of a route or space designation, a written authorization, or a categorical exemption and would set up relevant geographic, seasonal, vehicle-class, and resource-protection situations.
The proposed motion would individually revise specified parts of subpart A. Specifically, part 212.5(b)(1) could be revised to switch the present minimum-road-system requirement with standards for figuring out an sufficient and acceptable forest transportation system, together with entry wants, useful resource safety, security, upkeep capability, and relevant land administration plan parts. Section 212.1 could be revised to outline the automobile and use classes
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topic to totally different designation or exemption necessities laid out in subparts B and C and half 261, relatively than relying solely on a motorized or nonmotorized classification. For every provision, the proposed rule would establish whether or not it might be eradicated, retained within the CFR, moved to a different CFR provision, or moved to Agency directives, and would clarify any ensuing change in authorized impact, enforceability, or third-party rights and obligations.
The proposed motion would add specified classes of exempt autos or makes use of to the designation and prohibition framework in 36 CFR parts 212 and 261 and would revise that framework to accommodate new automobile varieties and makes use of with out counting on a binary motorized or nonmotorized classification.
For functions of the proposal, “class 1 electric bicycle” would have the that means in 23 U.S.C. 217(j)(2)(A) and (B)(i). The proposed motion would exempt class 1 electrical bicycles from the motorcar use designation requirement in 36 CFR 212.51(a) and the prohibition in 36 CFR 261.13 when operated on an NFS path the place bicycle use is allowed, topic to relevant land administration plan path, seasonal restrictions, orders, and site-specific restrictions adopted by the accountable official underneath the standards and procedures within the proposed rule. The EIS would analyze an alternate retaining class 1 e-bikes as motor autos topic to motorcar use designations and options adopting broader or narrower exemption situations.
Any further categorical authorization for low-powered electrical mobility gadgets utilized by individuals with mobility disabilities could be outlined by goal standards within the proposed rule, together with the lined gadgets and the scope and situations of the authorization, and coordinated with relevant disability-access necessities. Any further authorization would complement, and wouldn’t restrict, current rights or Agency obligations underneath relevant disability-access legal guidelines. These adjustments could be evaluated in mild of approaches utilized by different Federal and State land administration businesses.
With regard to subparts B and C, the proposed motion would set up an access-planning course of and wouldn’t itself authorize development or different ground-disturbing actions or initiatives. The entry presumption set forth within the nationwide coverage would information future choices and wouldn’t itself open a presently closed route, airfield, trailhead, or different entry level besides to the extent that the amended laws expressly make a specified vehicle- or use-specific exemption self-executing. Existing motorcar use designations, together with the designations proven on MVUMs and OSVUMs, would stay in impact till revised underneath the amended laws. Prohibitions established underneath different authorities would stay in impact till modified, rescinded, or expired underneath these authorities.
Future site-specific designation choices could be made by native officers after evaluation and analysis of land and useful resource situations, in step with relevant legislation. If the rule removes sections 212.52 and 212.53, it might establish the general public involvement, governmental-coordination, and Tribal-consultation necessities that may govern future designation and revision choices.
In addition to the proposed motion, the environmental affect assertion (EIS) will analyze a no-action different that may retain the TMR in its present type. Known options might embody: making use of the open-unless-closed presumption prospectively or making specified adjustments efficient upon promulgation; limiting “existing” routes and airfields to options within the forest transportation atlas or utilizing a broader evidentiary definition; retaining chosen designation, public-involvement, coordination, or monitoring necessities; streamlining clerical map corrections and minor designation revisions; addressing subpart A individually; retaining class 1 e-bikes as motor autos topic to motorcar use designations; various the scope or situations of car and use exemptions; and adopting totally different processes or situations for off-route makes use of, over-snow journey, and airfields.
The EIS will consider the anticipated impacts and advantages, together with moderately foreseeable impacts, associated to:
Administration and administration of roads, trails, airfields, trailheads, and areas, together with mapping, upkeep, enforcement, annual-review workload, and reliance on current designations and closures. Impacts might embody however aren’t restricted to adjustments in Agency prices, public discover, consumer compliance, use conflicts, and upkeep wants. The proposed motion wouldn’t itself authorize highway development or different ground-disturbing improvement. Any self-executing automobile or use exemption would stay topic to in any other case relevant statutory, regulatory, legitimate existing-rights, and different governing restrictions. The EIS would consider the direct programmatic results of such exemptions on the acceptable scale; results of later site-specific actions could be evaluated when these actions are proposed.
The degree of environmental evaluate of the recognized assets for the EIS will probably be commensurate with the anticipated results to every useful resource on the programmatic scale. Because the proposed motion doesn’t itself require adjustments to present motorcar use designations or prohibitions, aside from any direct results of the proposed automobile or use exemptions, estimating site-specific results of native adjustments could be extremely speculative. The EIS nonetheless will consider the moderately foreseeable programmatic results of fixing the governing designation standards, procedures, and exemptions, utilizing accessible information and cheap assumptions or eventualities. Effects of any future motorcar use designation or prohibition actions will probably be analyzed on the acceptable scale, the place data regarding potential useful resource impacts may be meaningfully evaluated and weighed.
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No anticipated permits or different authorizations are required for this motion.
USDA anticipates publishing the proposed rule and draft EIS in spring of 2027 and the finished EIS, report of determination, and closing rule in early calendar yr 2028. This schedule is topic to vary in step with relevant legislation.
The USDA Forest Service is the lead company. No cooperating or taking part businesses have been designated at the moment. The Forest Service doesn’t anticipate designating any Federal, State, Tribal, or native businesses as cooperating or taking part businesses. These organizations are inspired to supply enter by means of the general public remark alternatives for this discover of intent, in addition to for the proposed rule and draft EIS.
This discover broadcasts the Agency’s preparation of the EIS and requests public enter to tell its scope and additional improvement of the insurance policies underlying this motion.
USDA will solicit public suggestions by means of the 30-day written-comment interval described above. No separate public scoping course of or scoping conferences are deliberate.
The Department is requesting feedback on potential options and impacts, and identification of any related data, research, or analyses of any variety regarding impacts affecting the standard of the human surroundings.
It is essential that reviewers present their feedback at such instances and in such a fashion that they’re helpful to the Agency’s preparation of the EIS; due to this fact, feedback needs to be supplied previous to the shut of the remark interval and will clearly articulate the reviewer’s considerations and contentions and suggestions to alleviate these. Lengthy or advanced feedback are best when accompanied by a quick, plainly worded abstract of the details. Comments, together with attachments and any private data supplied in your feedback, will probably be posted to the docket unchanged. Do not submit any data you contemplate to be personal, confidential enterprise data, or different data, the disclosure of which is restricted by statute.
This motion is just not topic to the pre-decisional administrative evaluate (objection) strategy of 36 CFR parts 218 or 219 subpart B.
The Forest Service will provide government-to-government session to federally acknowledged Tribes and can interact Alaska Native Corporations in step with relevant session necessities throughout rulemaking and EIS improvement.
The accountable official is the Secretary of Agriculture or her designee.
Stephen Alexander Vaden,
Deputy Secretary, U.S. Department of Agriculture.
This web page was created programmatically, to learn the article in its authentic location you’ll be able to go to the hyperlink bellow:
https://www.federalregister.gov/public-inspection/2026-17211/environmental-impact-statements-availability-etc-travel-management-national-forest-system-lands
and if you wish to take away this text from our web site please contact us
This web page was created programmatically, to learn the article in its unique location you…
This web page was created programmatically, to learn the article in its authentic location you…
This web page was created programmatically, to learn the article in its unique location you…
This web page was created programmatically, to learn the article in its authentic location you…
This web page was created programmatically, to learn the article in its authentic location you…
This web page was created programmatically, to learn the article in its authentic location you'll…