The Department of the Interior, National Park Service (NPS) has prepared this Record of Decision (ROD) on the Final Recreational Off-Road Vehicle Management Plan/Supplemental Environmental Impact Statement, for Big Cypress National Preserve, Florida. This ROD includes a description of the need for the plan, a summary of the planning process, a statement of the decision made, the basis for the decision, a synopses of other alternatives considered, a description of the environmentally preferable alternative, and a listing of the measures to minimize environmental harm.

The purpose of this Recreational Off-Road Vehicle Management Plan (plan) is to guide the National Park Service in its management of recreational off-road vehicle (ORV) use in Big Cypress National Preserve. The General Management Plan and Final Environmental Impact Statement: Big Cypress National Preserve, Florida (NPS 1991) provided broad direction for management of the preserve and stated that more detailed actions concerning ORV management would be included in a separate ORV management plan, which would be developed after the approval of the general management plan.

This ORV management plan was prepared in response to the direction set by the 1991 general management plan. This plan tiers off the general management plan and the environmental impact statement, in conformance with the Council on Environmental Quality (1978) guidelines for implementing the National Environmental Policy Act. It also reflects federal laws, regulations, and executive orders, and policies that have been enacted or modified since the release of the general management plan. In addition, the National Park Service will continue to comply with the Rehabilitation Act of 1973 and Americans with Disabilities Act.

This plan and supplemental environmental impact statement were also prepared in response to a lawsuit settlement agreement negotiated in 1995 between the Florida Biodiversity Project and several federal agencies and bureaus. The agencies and bureaus named in the lawsuit included the U.S. Department of the Interior, National Park Service, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, U.S. Department of the Army (U.S. Army Corps of Engineers). The lawsuit alleged failure to comply with federal statutes, including the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act (NEPA). On October 25, 1995, the federal agencies and bureaus settled the suit. As part of the settlement, the National Park Service agreed to prepare an ORV management plan and supplemental environmental impact statement.

The purpose of this plan and the associated supplemental environmental impact statement is to analyze the specific actions for ORV management, incorporate new information gathered and policies developed since the 1991 general management plan and environmental impact statement, and address new issues raised by the public. The plan and supplemental environmental impact statement jointly address ORV use in Big Cypress National Preserve.

The plan does not address any management issues in the Addition Lands. These lands were added to the Preserve in the 1988 boundary expansion and were not addressed in the preserve’s 1991 general management plan. Management of these lands will be addressed in a future general management plan and environmental impact statement. The Big Cypress Addition Act (Public Law 100-301) requires these lands be evaluated for wilderness suitability pursuant to the Wilderness Act (16 USC 1131 et seq.). Until the wilderness suitability study and general management plan are completed, the Addition Lands will remain closed to recreational ORV use.

The NPS began the planning process on January 22, 1996, with the publication in Federal Register of notice of intent to prepare an ORV management plan. A Subsequent Notice of Intent to prepare an ORV management plan and draft supplemental environmental impact statement was published in the Federal Register on March 17, 1999.

The issues were scoped through a series of newsletters, surveys, and meetings with individuals, organizations and agencies. The NPS published a Notice of Availability of the draft plan and supplemental environmental impact statement in the Federal Register on August 16, 1999. More than 400 copies of the draft were distributed to the public. In addition, the draft was made available on the preserve’s Internet site.

The comment period for the draft ended December 13, 1999. Two public meetings were held in the vicinity of the preserve in November 1999. Oral comments were received from 83 speakers. More than 1,400 written comments were received during the public comment period. These comments were reviewed, responded to and incorporated into final document where appropriate.

The Notice of Availability of the Final Recreational Off-Road Vehicle Management Plan/Supplemental Environmental Impact was published in the Federal Register on August 11, 2000. More than 700 copies of this document were distributed to the public. The final plan was made available on the preserve’s Internet site.

The Final Recreational Off-Road Vehicle Management Plan/Supplemental Environmental Impact Statement has been prepared to satisfy the requirements of the National Environmental Policy Act (NEPA) of 1969, as amended, which requires the evaluation of the potential impacts resulting from federal actions. It includes a description of the environment affected by the proposed activities and environmental consequences of implementing any of the alternatives.

The National Park Service will implement the Proposed Action alternative as described in the Final Recreational Off-Road Vehicle Management Plan/Supplemental Environmental Impact Statement issued in August, 2000.

The intent of the selected action is to limit and control the use of off-road vehicle (ORV) use in a manner that will ensure the natural and ecological integrity of the preserve.

The selected action will result in long-term benefits to vegetation, soils, surface water flows, and water quality. Further the selected action may benefit the Cape Sable seaside sparrow and the Florida Panther.

The selected action will limit ORV use to approximately 400 miles of primary trails. Trails would be designated in the Bear Island, Turner River, Corn Dance and Stairsteps Units. The Deep Lake and Loop Units will remain closed to ORV use.

The designation of trails will allow for the restoration of areas previously impacted by ORV use. The plan calls for both passive and active restoration. Restoration activities are expected to result in the long-term benefits discussed above.

The selected action also calls for further research on the impacts of ORV use. This research will provide valuable information to the preserve staff for managing this recreational activity.

The selected action relies on an adaptive management philosophy, which means

the NPS will incorporate additional knowledge gained through implementation of the plan into management decisions. This dynamic nature of the plan will ensure that the document remains current and effective.

The selected action is consistent with the National Park Service legal mandates, management policies, the preserve’s 1991 general management plan, other approved preserve planning documents, and the 1995 settlement agreement. The legislative mandates include the measures that apply to the entire National Park Service, plus preserve-specific requirements. The selection of this alternative will allow the NPS to manage ORV use in a manner that ensures the preserve resources are not impaired and are restored where needed.

In meeting these mandates the NPS has placed reasonable limits and controls on ORV use, which will allow for the enjoyment of the preserve by a variety of users. Although the selected action will result in moderate adverse impacts to ORV users within the preserve, other users are expected to receive benefits, in the reduction of noise and improved scenic and aesthetic quality.

This decision was reached after a five year planning effort that included research, public involvement and deliberation. The proposed alternative satisfies the National Environmental Policy Act and addresses other legal issues and constraints.

The Final Recreational Off-Road Vehicle Management Plan/Supplemental Environmental Impact Statement include two alternatives for managing recreational ORV use with the preserve. The two alternatives are the proposed action (selected action) and the no action (continue current management).

The no-action (continue current management) alternative continues the current management strategy. Under this alternative, the management units, established in the preserve’s general management plan, would be used to manage ORV use.

This alternative allows dispersed use of ORVs in some areas and restricts ORV use to designated trails in other areas.

Deep Lake Unit and Loop Unit would be closed to all ORV use. The Bear Island Unit would allow wheeled ORVs to be used on approximately 54 miles of designated trails. The Corn Dance and Turner River Units would be open areas for dispersed use by ORVs. The Stairsteps Unit would be managed in four zones. Zone 1 would be closed to airboats. Zones 2 and 3 would be open to dispersed use by ORVs. Zone 4 would be open to dispersed use by airboats, with limited designated trails for buggies and ATVs within the Lostmans Pines area of the zone.

Further, the general management plan / environmental impact statement evaluated a range of alternatives for ORV management within the preserve. The record of decision for the general management plan (NPS, 1992) documents the decision of the National Park Service and the rationale for implementing the proposed action.

This plan refines the proposed action of the general management plan. All other alternatives, except for the required no-action alternative, were dismissed from further consideration because they would not fulfill the direction set by the general management plan.

Environmentally preferable is defined as "the alternative that best promotes the policies in NEPA Section 101." Ordinarily, this means the alternative that causes the least damage to the biological and physical environment; it also means the alternative which best protects, preserves, and enhances historic, cultural and natural resources" (Council on Environmental Quality, 1981).

The environmentally preferable alternative is the proposed action alternative, as well as the selected action. This alternative best meets the full range of national environmental policy goals as stated in Section 101 of the National Environmental Policy Act. The selected action (1) fulfills the responsibilities of each generation as trustee of the environment for succeeding generations; (2) preserves important historic, cultural, and natural aspects of national heritage; (3) achieves a balance between human population and resource use; and (4) attains the widest range of beneficial uses of the environment without degradation.

Measures to avoid or minimize environmental impacts that could result in implementation of the selected action have been identified and incorporated into the alternative and are described in detail in the Final Recreational Off-Road Vehicle Management Plan/Supplemental Environmental Impact Statement.

The following highlights the key elements of the plan that minimize impacts to the environment:

No more than 2000 off-road vehicle permits will be issued annually.

Environmentally sensitive areas, such as prairies, will be closed to ORV use.

ORVs will be allowed on no more than 400 miles of designated primary trails.

ORV access will be limited to 15 designated access points.

A monitoring program will be implemented to assure resource degradation does not occur.

A seasonal closure (60-days) to all ORVs will be implemented.

Vehicle specifications that minimize resource damage and reduce noise will be researched and implemented.

Areas will be closed to ORVs based on hydrologic triggers, environmentally sensitive times and areas, and periods of high fire danger as determinative factors.

Big Cypress National Preserve will implement a restoration program to restore areas impacted by ORV use.

John J. Donahue, Superintendent Date

Big Cypress National Preserve

National Park Service

Jerry Belson, Regional Director Date

Southeast Region

National Park Service

Approved:

Robert Stanton, Director Date

National Park Service