Area : "A discrete, specifically delineated space that is smaller, and in most cases much smaller, than a Ranger District."
The definition of "area" has been added to clarify the term "open area" that is referenced in the Forest Service's off road vehicle rule published November 2, 2005 . An "open area" is an area that would be designated as open to cross-country travel.
Road: "A motor vehicle route over 50 inches wide, unless identified and managed as a trail."
This is a revised definition which removes the phrase: "A road may be classified, unclassified, or temporary." While the definition for a "temporary road" remains, the definitions for classified and unclassified roads have been stricken from the new regulations. The term "classified road" has been replaced with "forest road." The term "unclassified road" has been replaced with "unauthorized road." It is also important to understand that this definition allows the agency to arbitrarily designate a travelway on the ground as a trail even if it primarily functions as a road, both from a transportation and an ecological perspective. This is significant in terms of road density standards and also in terms of monitoring and overall management. With this definition, and the related definition of a trail, there is no way to distinguish between a road and a trail on the ground.
Trail: " A route 50 inches or less in width or a route over 50 inches wide that is identified and managed as a trail."
Forest road or trail: " A road or trail wholly or partly within or adjacent to and serving the National Forest System that the Forest Service determines is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources."
- National Forest System road: " A forest road other than a road which has been authorized by a legally documented right-of-way held by a State, county, or other local public road authority.
- National Forest System trail: " A forest trail other than a trail which has been authorized by a legally documented right-of-way held by a State, county, or other local public road authority.
- All forest roads and trails are not necessarily managed by the Forest Service. National Forest System (NFS) roads and trails are all " Forest roads and trails" but the Forest Service is specifically responsible and has authority over all NFS roads and trails. The converse is not always true. The definitions of NFS road and trail are presented in the negative, for the sake of clarity, it is important to understand that NFS roads and trails are those roads and trails that both exist on FS lands AND are under the jurisdiction of the FS.
Temporary road or trail: "A road or trail necessary for emergency operations or authorized by contract, permit, lease, or other written authorization that is not a forest road or trail and that is not included in a forest transportation atlas."
This new definition removes the direct statement that a temporary road is "not intended to be part of the forest transportation system and not necessary for long-term resource management." This is implied in the definition because temporary roads/trails are not considered to be forest roads/trails, we can assume, because they are not " necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources." It would be much clearer if the FS had left the caveat directly in the definition instead of leaving this open to interpretation. It is even more confusing because temporary roads are typically constructed to meet resource management objectives.
Under the old definitions, temporary roads were considered unclassified roads. With the elimination of the term "unclassified" and the creation of the term "unauthorized," temporary roads/trails now fit into no other category than temporary roads/trails. They explicitly cannot be considered unauthorized. They also cannot be included in the forest transportation atlas and they cannot be considered forest roads and trails. It is extremely difficult for the Forest Service to track temporary roads on the ground, especially since they are not required to map them. In addition, temporary roads have no design constraints. Nonetheless, the Forest Service will still be required to remove and revegetate these roads within 10 years of the end of their use under both the National Forest Management Act and under Forest Service Manual direction. [FSM 7701.2, 16 U.S.C. §§ 1608 (b)].
Unauthorized road or trail: A road or trail that is not a forest road or trail or a temporary road or trail and that is not included in a forest transportation atlas.
This definition replaces an old definition for "unclassified road or trail." Temporary roads and trails were formerly considered unclassified, but they are not unauthorized. If unauthorized routes are not designated as open under travel plan revision, they will be removed from the forest transportation atlas.
Road construction or reconstruction: "Supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a road."
This definition replaces old definitions for "new road construction", "road reconstruction", "road improvement" and "road realignment." The old definitions simply mentioned activity related to actual building, realignment or improvement, and did not include "supervising" and "inspecting" construction or reconstruction.
Motor vehicle: " Any vehicle which is self-propelled, other than: (1) A vehicle operated on rails; and (2) Any wheelchair or mobility device, including one that is battery-powered, that is designed solely for use by a mobility-impaired person for locomotion and that is suitable for use in an indoor pedestrian area."
This is a new definition for 2005. The term "motor vehicle" was previously undefined in 212.1
Off-highway vehicle: "Any motor vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain."
Over-snow vehicle: "A motor vehicle that is designed for use over snow and that runs on a track or tracks and/or a ski or skis, while in use over snow."
Both of the above definitions are new to part 261.1. "Off-highway vehicle" can mean an ATV, a dirt bike, rock crawler, gas-powered scooter, dune or swamp buggy, or any motor vehicle not designed primarily for highway use. These and snowmobiles were formerly defined as "off-road vehicles." The definition for "over-snow vehicle" is expansive, and includes not just snowmobiles, but ATVs and even full-size vehicles mounted with aftermarket tracks facilitating travel over snow. This definition gives the agency the authority to regulate/manage/enforce actions that occur on snow, whether or not those vehicles were initially designed for use on the snow.
Travel management atlas: " An atlas that consists of a forest transportation atlas and a motor vehicle use map or maps."
- Forest transportation atlas: "A display of the system of roads, trails, and airfields of an administrative unit."
- Motor vehicle use map: "A map reflecting designated roads, trails, and areas on an administrative unit or a Ranger District of the National Forest System."
A "forest transportation atlas" contains all roads known to exist by the forest engineering staff and is not intended for broad public distribution. A "motor vehicle use map" is a map completed after route designation that is publicly and widely available at trailhead kiosks and Forest Service offices. The two together constitute the "travel management atlas". For example, a route that is under an "administrative closure" - gated closed to all but agency staff and authorized persons - would be present on the forest transportation atlas, but not on the motor vehicle use map.
The Forest Service expects to additionally clarify terms when the complete revisions to the Forest Service Manual and Handbook this spring. We will update this glossary as necessary when those revisions are complete.
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The Final Rule, Policy and Environmental Assessment are available on the web. [1]