Forest Service, USDA § 294.41

Subpart D— Roadless Community Protection Zone: An area Area Management extending one-half mile from the boundary of an at-risk community; or an area within one and a half miles AUTHORITY: 16 U.S.C. 472, 529, 551, 1608, 1613; from the boundary of an at-risk com- 23 U.S.C. 201, 205. munity, where any land: SOURCE: 77 FR 39602, July 3, 2012, unless (1) Has a sustained steep slope that otherwise noted. creates the potential for wildfire be- havior endangering the at-risk commu- § 294.40 Purpose. nity; The purpose of this subpart is to pro- (2) Has a geographic feature that aids vide, within the context of multiple use in creating an effective fire break, such management, State-specific direction as a road or a ridge top; or for the protection of roadless areas on (3) Is in condition class 3 as defined National Forest System lands in Colo- by HFRA. rado. The intent of this regulation is to Community Wildfire Protection Plan: protect roadless values by restricting As defined under section 101 of the tree cutting, sale, and removal; road HFRA, and used in this subpart, the construction and reconstruction; and term ‘‘community wildfire protection linear construction zones within Colo- plan’’ means a plan for an at-risk com- rado Roadless Areas (CRAs), with nar- munity that: rowly focused exceptions. Activities (1) Is developed within the context of must be designed to conserve the the collaborative agreements and the roadless area characteristics listed in guidance established by the Wildland § 294.41, although applying the excep- Fire Leadership Council and agreed to tions in § 294.42, § 294.43, and § 294.44 may by the applicable local government, have effects to some roadless area local fire department, and State agen- characteristics. cy responsible for forest management, in consultation with interested parties § 294.41 Definitions. and the Federal land management The following terms and definitions agencies managing land in the vicinity apply to this subpart. of the at-risk community; At-Risk Community: As defined under (2) Identifies and prioritizes areas for section 101 of the Healthy Forests Res- hazardous fuel reduction treatments toration Act (HFRA). and recommends the types and meth- Catchment: A watershed delineation ods of treatment on Federal and non- beginning at the downstream point of Federal land that will protect one or occupation of native cutthroat trout more at-risk communities and essen- and encompassing the upstream bound- tial infrastructure; and ary of waters draining in the stream (3) Recommends measures to reduce system. structural ignitability throughout the Colorado Roadless Areas: Areas des- at-risk community. ignated pursuant to this subpart and Condition Class 3: As defined under identified in a set of maps maintained section 101 of the HFRA the term at the national headquarters office of ‘‘condition class 3’’ means an area of the Forest Service. Colorado Roadless Federal land, under which: Areas established by this subpart shall (1) Fire regimes on land have been constitute the exclusive set of National significantly altered from historical Forest System lands within the State ranges; of Colorado to which the provisions 36 (2) There exists a high risk of losing CFR 220.5(a)(2) shall apply. key ecosystem components from fire; Colorado Roadless Areas Upper Tier (3) Fire frequencies have departed Acres: A subset of Colorado Roadless from historical frequencies by multiple Areas identified in a set of maps main- return intervals, resulting in dramatic tained at the national headquarters of- changes to: fice of the Forest Service which have (i) The size, frequency, intensity, or limited exceptions to provide a high- severity of fires; or level of protection for these areas. (ii) Landscape patterns; and

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(4) Vegetation attributes have been tion, impoundment, storage, transpor- significantly altered from the histor- tation, or distribution of drinking ical range of the attributes. water. Fire Hazard: A fuel complex defined Native Cutthroat Trout: Collectively, by volume, type, condition, arrange- all the native subspecies of cutthroat ment and location that determines the trout historically occurring in Colo- ease of ignition and the resistance to rado before European settlement which control; expresses the potential fire be- includes yellowfin, Rio Grande, Green- havior for a fuel type, regardless of the back, and Colorado River Trout. fuel type’s weather influenced fuel Permanent Road: Roads that are ei- moisture condition. ther a forest road; private road (a road Fire Occurrence: One fire event occur- ring in a specific place within a specific under private ownership authorized by period of time; a general term describ- an easement granted to a private party ing past or current wildland fire or a road that provides access pursuant events. to a reserved or outstanding right); or Fire Risk: The probability or chance public road (a road under the jurisdic- that a fire might start, as affected by tion of and maintained by a public road the presence and activities of causative authority and open to public travel). agents. Pre-Existing Water Court Decree: An Forest Road: As defined at 36 CFR adjudicated conditional or absolute de- 212.1, the term means a road wholly or cree issued by a Colorado Court, the partly within or adjacent to and serv- initial application for which was filed ing the National Forest System that prior to July 3, 2012, adjudicating as the Forest Service determines is nec- the point of a diversion or the place of essary for the protection, administra- use a location within a Colorado tion, and utilization of the National Roadless Area. A pre-existing water Forest System and the use and devel- court decree does not include decrees opment of its resources. for water rights with a point of diver- Hazardous Fuels: Excessive live or sion and place of use outside of a Colo- dead wildland fuel accumulations that rado Roadless Area, the holder of increase the potential for intense which proposes to change the point of wildland fire and decrease the capa- diversion or place of use to within a bility to protect life, property and nat- Colorado Roadless Area, except for a ural resources. Linear Construction Zone: A tem- change in location of a head gate and porary linear area of surface disturb- associated ditch pursuant to Colorado ance over 50-inches wide that is used Revised Statute 2011 § 37–86–111. for construction equipment to install Responsible Official: The Forest Serv- or maintain a linear facility. The sole ice line officer with the authority and purpose of the linear disturbance is to responsibility to make decisions about accommodate equipment needed to protection and management of Colo- construct and transport supplies and rado Roadless Areas pursuant to this personnel needed to install or maintain subpart. the linear facility. It is not a road, not Road: As defined at 36 CFR 212.1, the used as a motor vehicle route, not open term means a motor vehicle route over for public use, and is not engineered to 50 inches wide, unless identified and road specifications. managed as a trail. Linear Facility: Linear facilities in- Roadless Area Characteristics: Re- clude pipelines, electrical power lines, sources or features that are often telecommunications lines, ditches, ca- present in and characterize Colorado nals, and dams. Roadless Areas, including: Municipal Water Supply System: As de- (1) High quality or undisturbed soil, fined under Section 101 of the HFRA, and used in this subpart, the term water, and air; means the reservoirs, canals, ditches, (2) Sources of public drinking water; flumes, laterals, pipes, pipelines, and (3) Diversity of plant and animal other surface facilities and systems communities; constructed or installed for the collec-

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(4) Habitat for threatened, endan- § 294.42 Prohibition on tree cutting, gered, proposed, candidate, and sen- sale, or removal. sitive species, and for those species de- (a) General. Trees may not be cut, pendent on large, undisturbed areas of sold, or removed in Colorado Roadless land; Areas, except as provided in paragraph (5) Primitive, semi-primitive non-mo- (b) and (c) of this section. torized and semi-primitive motorized (b) Upper Tier Acres. Notwithstanding classes of dispersed recreation; the prohibition in paragraph (a) of this (6) Reference landscapes; section, trees may be cut, sold, or re- (7) Natural-appearing landscapes moved in Colorado Roadless Areas with high scenic quality; upper tier acres if the responsible offi- cial determines the activity is con- (8) Traditional cultural properties sistent with the applicable land man- and sacred sites; and agement plan, and: (9) Other locally identified unique (1) Tree cutting, sale, or removal is characteristics. incidental to the implementation of a Temporary Road: As defined at 36 CFR management activity not otherwise 212.1, the term means a road necessary prohibited by this subpart; or for emergency operations or authorized (2) Tree cutting, sale, or removal is by contract, permit, lease, or other needed and appropriate for personal or written authorization that is not a for- administrative use, as provided for in est road and that is not included in a 36 CFR part 223, subpart A. forest transportation atlas. (c) Non-Upper Tier Acres. Notwith- Water Conveyance Structures: Facili- standing the prohibition in paragraph ties associated with the transmission, (a) of this section, trees may be cut, storage, impoundment, and diversion of sold, or removed in Colorado Roadless water on and across National Forest Areas outside upper tier acres if the re- System lands. Water conveyance struc- sponsible official, unless otherwise tures include, but are not limited to: noted, determines the activity is con- sistent with the applicable land man- Reservoirs and dams, diversion struc- agement plan, one or more of the tures, headgates, pipelines, ditches, ca- roadless area characteristics will be nals, and tunnels. maintained or improved over the long- Water Influence Zone: The land next term with the exception of paragraph to water bodies where vegetation plays (5) and (6) of this section, and one of a major role in sustaining long-term the following circumstances exists: integrity of aquatic systems. It in- (1) The Regional Forester determines cludes the geomorphic floodplain (val- tree cutting, sale, or removal is needed ley bottom), riparian ecosystem, and to reduce hazardous fuels to an at-risk inner gorge. Its minimum horizontal community or municipal water supply width (from top of each bank) is 100 system that is: feet or the mean height of mature dom- (i) Within the first one-half mile of inant late-seral vegetation, whichever the community protection zone, or is greater. (ii) Within the next one-mile of the Watershed Conservation Practice: The community protection zone, and is watershed conservation practices are within an area identified in a Commu- stewardship actions based upon sci- nity Wildfire Protection Plan. entific principles and legal require- (iii) Projects undertaken pursuant to ments to protect soil, aquatic and ri- paragraphs (c)(1)(i) and (ii) of this sec- tion will focus on cutting and removing parian resources. Each watershed con- generally small diameter trees to cre- servation practice consists of a man- ate fuel conditions that modify fire be- agement measure, a set of design cri- havior while retaining large trees to teria used to achieve the management the maximum extent practical as ap- measure, and guidance for monitoring propriate to the forest type. and restoration. For specific informa- (2) The Regional Forester determines tion, refer to Forest Service Manual tree cutting, sale, or removal is needed 2509.25. outside the community protection zone where there is a significant risk that a

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wildland fire disturbance event could nent threat of flood, fire or other cata- adversely affect a municipal water sup- strophic event that, without interven- ply system or the maintenance of that tion, would cause the loss of life or system. A significant risk exists where property. the history of fire occurrence, and fire (3) For any road construction/recon- hazard and risk indicate a serious like- struction authorized pursuant to this lihood that a wildland fire disturbance provision, subject to the legal rights event would present a high risk of identified in 36 CFR 294.43(b)(1), the re- threat to a municipal water supply sys- sponsible official must determine: tem. (i) Motorized access, without road (i) Projects will focus on cutting and construction is not feasible; removing generally small diameter (ii) When proposing to construct a trees to create fuel conditions that forest road, that a temporary road modify fire behavior while retaining would not provide reasonable access; large trees to the maximum extent (iii) Road construction is consistent practical as appropriate to the forest with the applicable land management type. plan direction; (ii) Projects are expected to be infre- (iv) Within a native cutthroat trout quent. catchment or identified recovery wa- (3) Tree cutting, sale, or removal is tershed, road construction will not di- needed to maintain or restore the char- minish, over the long-term, conditions acteristics of ecosystem composition, in the water influence zone and the ex- structure and processes. These projects tent of the occupied native cutthroat are expected to be infrequent. trout habitat; and (4) Tree cutting, sale, or removal is needed to improve habitat for federally (v) That watershed conservation threatened, endangered, proposed, or practices will be applied to all projects Agency designated sensitive species; in occurring in native cutthroat trout coordination with the Colorado Depart- habitat. ment of Natural Resources, including (c) Non-Upper Tier Acres. Notwith- the Colorado Division of Parks and standing the prohibition in paragraph Wildlife. (a) of this section, a road or temporary (5) Tree cutting, sale, or removal is road may only be constructed or recon- incidental to the implementation of a structed in Colorado Roadless Areas management activity not otherwise outside upper tier acres if the respon- prohibited by this subpart. sible official determines: (6) Tree cutting, sale, or removal is (1) That one of the following excep- needed and appropriate for personal or tions exists: administrative use, as provided for in (i) A road is needed pursuant to re- 36 CFR part 223, subpart A. served or outstanding rights, or as pro- vided for by statute or treaty; § 294.43 Prohibition on road construc- (ii) Road realignment is needed to tion and reconstruction. prevent irreparable resource damage (a) General. A road may not be con- that arises from the design, location, structed or reconstructed in a Colorado use, or deterioration of a forest road Roadless Area except as provided in and that cannot be mitigated by road paragraphs (b) and (c) of this section. maintenance. Road realignment may (b) Upper Tier Acres. Notwithstanding occur under this paragraph only if the the prohibition in paragraph (a) of this road is deemed essential for adminis- section, a road may only be con- trative or public access, public health structed or reconstructed in Colorado and safety, or uses authorized under Roadless Area upper tier acres if the permit, easement or other legal instru- responsible official determines that the ment; conditions in subsection 1 or 2 are met. (iii) Road reconstruction is needed to (1) A road is needed pursuant to re- implement a road safety improvement served or outstanding rights, or as pro- project on a forest road determined to vided for by statute or treaty, or be hazardous on the basis of accident (2) A road is needed to protect public experience or accident potential on health and safety in cases of an immi- that road;

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(iv) The Regional Forester deter- North Fork coal mining area displayed mines a road or temporary road is on the final Colorado Roadless Areas needed to allow for the construction, map. Such roads may also be used for reconstruction, or maintenance of an collecting and transporting coal mine authorized water conveyance structure methane. Any buried infrastructure, which is operated pursuant to a pre-ex- including pipelines, needed for the cap- isting water court decree with the use ture, collection, and use of coal mine of the road limited to the water right methane, will be located within the identified in the pre-existing water rights-of-way of temporary roads that court decree (see also § 294.44(b)(2)); are otherwise necessary for coal-re- (v) A temporary road is needed to lated surface activities including the protect public health and safety in installation and operation of methane cases of imminent threat of flood, fire, venting wells. or other catastrophic event that, with- (2) If proposed road construction/re- out intervention, would cause the loss construction meets one of the excep- of life or property; tions, subject to the legal rights identi- (vi) The Regional Forester deter- fied in § 294.43(c)(1), the responsible offi- mines a temporary road is needed to fa- cial must determine: cilitate tree cutting, sale, or removal (i) Motorized access, without road (§ 294.42(c)(1)) within the first one-half construction is not feasible; mile of the community protection zone (ii) When proposing to construct a to reduce the wildfire hazard to an at- forest road, that a temporary road risk community or municipal water would not provide reasonable access; supply system; (iii) Road construction is consistent (vii) The Regional Forester deter- with the applicable land management mines a temporary road is needed to fa- plan direction; cilitate tree cutting, sale, or removal (iv) Within a native cutthroat trout (§ 294.42(c)(3)) within the first one-half catchment or identified recovery wa- mile of the community protection zone tershed, road construction will not di- to maintain or restore characteristics minish, over the long-term, conditions of ecosystem composition, structure in the water influence zone and the ex- and processes; tent of the occupied native cutthroat (viii) A temporary road is needed trout habitat; and within a Colorado Roadless Area pursu- (v) That watershed conservation ant to the exploration or development practices will be applied to all projects of an existing oil and gas lease that occurring in native cutthroat trout does not prohibit road construction or habitat. reconstruction, including the construc- (d) Road construction/reconstruction/de- tion of infrastructure necessary to commissioning project implementation and transport the product, on National management. The following elements Forest System lands that are under will be incorporated into any road con- lease issued by the Secretary of the In- struction/reconstruction projects im- terior as of July 3, 2012. The Forest plemented within Colorado Roadless Service shall not authorize the Bureau Areas. of Land Management to grant any re- (1) Road construction/reconstruction. If quest for a waiver, exception, or modi- it is determined that a road is author- fication to any oil or gas lease if doing ized in a Colorado Roadless Area, con- so would result in any road construc- duct construction in a manner that re- tion within a Colorado Roadless Area duces effects on surface resources, and beyond that which was authorized by prevents unnecessary or unreasonable the terms and conditions of the lease surface disturbance. at the time of issuance; or (2) Road decommissioning. Decommis- (ix) A temporary road is needed for sion any road and restore the affected coal exploration and/or coal-related landscape when it is determined that surface activities for certain lands the road is no longer needed for the es- within Colorado Roadless Areas in the tablished purpose prior to, or upon ter- North Fork coal mining area of the mination or expiration of a contract, , Uncompahgre, and Gunni- authorization, or permit, if possible; or son National Forests as defined by the upon termination or expiration of a

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contract, authorization, or permit, operated pursuant to a pre-existing whichever is sooner. Require the inclu- water court decree (see sion of a road decommissioning provi- § 294.43(c)(1)(iv)); sion in all contracts or permits. Design (c) Non-Upper Tier Acres. Notwith- decommissioning to stabilize, restore, standing the prohibition in paragraph and revegetate unneeded roads to a (a) of this section, a linear construc- more natural state to protect resources tion zone may only be authorized with- and enhance roadless area characteris- in Colorado Roadless Area non-upper tics. Examples include obliteration, de- tier acres if the Regional Forester de- nial of use, elimination of travelway termines the LCZ is needed: functionality, and removal of the road (1) Pursuant to reserved or out- prism (restoration of the road corridor standing rights, or as provided for by to the original contour and hydrologic statute or treaty. function). (2) For the construction, reconstruc- (3) Road designations. The designation tion, or maintenance of an authorized of a temporary road constructed or re- water conveyance structure which is constructed pursuant to this subpart operated pursuant to a pre-existing may not be changed to forest road ex- water court decree (see cept where a forest road is allowed § 294.43(c)(1)(iv)); under paragraphs (b) and (c) of this sec- (3) For the construction, reconstruc- tion. tion, or maintenance of existing or fu- (4) Road use. Use of motor vehicles ture authorized electrical power lines for administrative purposes by the For- est Service and by fire, emergency, or or telecommunication lines. Electrical law enforcement personnel is allowed. power lines or telecommunication lines All roads constructed pursuant to para- within Colorado Roadless Areas will graphs (b) and (c) of this section shall only be authorized if there is no oppor- prohibit public motorized vehicles (in- tunity for the project to be imple- cluding off-highway vehicles) except: mented outside of a Colorado Roadless (i) Where specifically used for the Area without causing substantially purpose for which the road was estab- greater environmental damage; or lished; or (4) For the construction, reconstruc- (ii) Motor vehicle use that is specifi- tion or maintenance of a pipeline asso- cally authorized under a Federal law or ciated with operation of an oil and gas regulation. lease that allows surface use within a (5) Road maintenance. Maintenance of Colorado Roadless Area or the con- roads is permissible in Colorado struction, reconstruction or mainte- Roadless Areas. nance of a pipeline needed to connect to infrastructure within a Colorado § 294.44 Prohibition on linear con- Roadless Area from outside a Colorado struction zones. Roadless Area where such a connection (a) General. A linear construction would cause substantially less environ- zone may not be authorized in Colorado mental damage than alternative Roadless Areas except as provided in routes. The construction of pipelines paragraph (b) and (c) of this section for the purposes of transporting oil or and § 294.48 (a). natural gas through a Colorado (b) Upper Tier Acres. Notwithstanding Roadless Area, where the source(s) and the prohibition in paragraph (a) of this destination(s) of the pipeline are lo- section, a linear construction zone may cated exclusively outside of a Colorado only be authorized within Colorado Roadless Area, shall not be authorized. Roadless Area upper tier acres if the (d) Proposed Linear Construction Regional Forester determines the LCZ Zones. If a proposed linear construction is needed: zone meets one of the above exceptions, (1) Pursuant to reserved or out- then the following must be determined: standing rights, or as provided for by (1) Motorized access, without a linear statute or treaty. construction zone, is not feasible; (2) For the construction, reconstruc- (2) A linear construction zone is con- tion, or maintenance of an authorized sistent with the applicable land man- water conveyance structure which is agement plan direction;

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(3) A linear construction zone is no authority to offer formal cooperating wider than its intended use; agency status, the Forest Service shall (4) Within a native cutthroat trout offer to coordinate with the State. catchment or identified recovery wa- tershed, a linear construction zone will § 294.46 Other activities. not diminish, over the long-term, con- (a) Water Rights. This subpart in no ditions in the water influence zone and manner restricts any party from seek- the extent of the occupied native cut- ing modification of a pre-existing throat trout habitat; water court decree, but after July 3, (5) Reclamation of a linear construc- 2012 any Forest Service authorization tion zone will not diminish, over the required for road construction, road re- long-term, roadless area characteris- construction, tree cutting, or linear tics; and construction zones associated with a (6) That watershed conservation modified water court decree must con- practices will be applied to all projects form to the requirements in this sub- occurring in catchments with occupied part; provided that road construction native cutthroat trout habitat. or reconstruction may be authorized (e) Linear construction zone decommis- where necessary to change the location sioning. Where a linear construction of a headgate and associated ditch, pur- zone is authorized in a Colorado suant to Colorado Revised Statute 2011 Roadless Area, installation of the lin- § 37–86–111. ear facility will be done in a manner (b) Oil and Gas Leases. Oil and gas that minimizes ground disturbance, in- leases issued within a Colorado cluding placement within existing Roadless Area after July 3, 2012 will right-of-ways where feasible. All au- prohibit road construction/reconstruc- thorizations approving the installation tion. The Forest Service shall not au- of linear facilities through the use of a thorize the Bureau of Land Manage- linear construction zone shall include a ment to grant any request for a waiver, responsible official approved reclama- exception, or modification to any oil or tion plan for reclaiming the affected gas lease if doing so would result in landscape while conserving roadless any road construction within a Colo- area characteristics over the long- rado Roadless Area. For oil and gas term. Upon completion of the installa- leases issued in a Colorado Roadless tion of a linear facility via the use of a Area prior to July 3, 2012, the rule pre- linear construction zone, all areas of serves any existing leases and surface surface disturbance shall be reclaimed development rights. The rule also pre- as prescribed in the authorization and serves any existing limitations on sur- the approved reclamation plan and face development rights arising from may not be waived. lease terms, lease stipulations, condi- tions of approval, 36 CFR 228.100, and § 294.45 Environmental documenta- Onshore Oil and Gas Orders. tion. (c) Oil and Gas Leases on Upper Tier (a) Environmental documentation Acres. Oil and gas leases issued within will be prepared pursuant to Section upper tier acres after July 3, 2012 will 102 of the National Environmental Pol- require a no surface occupancy stipula- icy Act, 40 CFR part 1500, and 36 CFR tion. The Forest Service shall not au- part 220 for any proposed action within thorize the Bureau of Land Manage- a Colorado Roadless Area. Proposed ac- ment to grant any request for a waiver, tions that would significantly alter the exception, or modification to any oil or undeveloped character of a Colorado gas lease if doing so would result in Roadless Area require an Environ- surface occupancy within an upper tier mental Impact Statement (EIS). area. (b) The Forest Service will offer co- (d) Oil and Gas Surface Use Plans of operating agency status to the State of Operation. Where applicable and con- Colorado, for all proposed projects and sistent with lease rights, during the re- planning activities subject to this rule view of any application for a surface that would be implemented on lands use plan of operations affecting lands within Colorado Roadless Areas. Where within a Colorado Roadless Area, the the Forest Service does not have the responsible official will:

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(1) Locate, without compromising ized access not requiring road con- health and safety standards, roads, struction or reconstruction in Colorado well sites, and facilities on pre-existing Roadless Areas associated with grazing areas of surface disturbance. Project permits, special use authorizations, design shall minimize the amount of and other authorizations. necessary temporary road construction (g) Livestock grazing. The authority to or reconstruction. issue livestock grazing permits on na- (2) Consider an alternative for pro- tional forest system lands within a Col- posed operations that addresses locat- orado Roadless Area is not affected by ing directional drilling of multi-well this subpart; however, no new tem- sites on pre-existing areas of surface porary or forest roads shall be author- disturbance. Such an alternative can ized through grazing permits issued be dismissed from detailed analysis after July 3, 2012. with clear justification. (3) Restrict road construction for § 294.47 Modifications and administra- leases partially within Colorado tive corrections. Roadless Areas to portions of the lease Modifications and administrative outside of Colorado Roadless Areas ex- corrections pursuant to this subpart, cept when doing so will be substan- after coordination with the State, may tially more environmentally damaging, be made under the following cir- compromise safety standards, or is cumstances: unfeasible due to surface and/or oper- (a) Modifications to boundaries. The ational conditions. Chief of the Forest Service may modify (4) Perform reclamation of surface disturbances incrementally, to mini- the boundaries of any designated Colo- mize the total area of disturbance at rado Roadless Area identified in § 294.49 any given point in time during the ex- or add new Colorado Roadless Areas ploration or development of a lease. based on changed circumstances. Modi- (5) Design temporary roads and facili- fications and additions will be reflected ties to blend with the terrain to mini- in the set of maps maintained at the mize visual impacts and to facilitate national headquarters office of the For- restoration when the road is no longer est Service. The construction or recon- needed. struction of a temporary road or tree (6) Co-locate, consistent with health cutting, sale, or removal will not result and safety standards, power lines, flow in any boundary modification of a Col- lines and pipelines within the right-of- orado Roadless Area. Public notice way of roads or other LCZs to mini- with a minimum 90-day comment pe- mize the area of surface disturbance. riod will be provided for any proposed (7) Consider new and developing low Colorado Roadless Area boundary impact techniques and technologies modifications or additions. and either apply or dismiss with jus- (b) Administrative corrections to bound- tification. aries. The Chief of the Forest Service (8) Consider the best available tech- may issue administrative corrections nology to minimize noise and air emis- after public notice and a 30-day com- sions. ment period. Administrative correc- (e) Trails. Nothing in this subpart tions to the maps of any designated shall affect the current or future man- Colorado Roadless Areas identified in agement of motorized and non-motor- § 294.49, including upper tier acres are ized trails in Colorado Roadless Areas. adjustments to remedy errors such as Decisions concerning the management clerical or improvements in mapping or status of motorized and non-motor- technology. Other than clerical errors, ized trails within Colorado Roadless an administrative correction is based Areas under this subpart shall be made on improved field data due to updated during the applicable forest travel imagery, global positioning system management processes. data, or other collected field data. (f) Motorized access. Nothing in this (c) Amendments to rule language. Any subpart shall be construed as limiting amendment of this subpart will include the authority of the responsible official coordination with the State and the to approve existing and future motor- appropriate level of NEPA analysis. A

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minimum 90-day comment period will § 294.49 List of designated Colorado be provided. Roadless Areas. All National Forest System lands § 294.48 Scope and applicability. within the State of Colorado listed in (a) This subpart does not revoke, sus- this section are hereby designated as pend, or modify any permit, contract, Colorado Roadless Areas. An ‘‘X’’ in lease, or other legal instrument au- the third column indicates that some thorizing or granting rights to the oc- or all of that CRA contains upper tier cupancy and use of National Forest acres. system land issued prior to July 3, 2012 Includes nor does it affect the authority or the Line No. Colorado roadless area name upper tier discretion of the responsible official to acres reissue any such permit, contract, or Arapaho-Roosevelt National Forest other legal instrument upon its expira- 1 Bard Creek...... X tion or termination. 2 Byers Peak...... X (b) This subpart does not revoke, sus- 3 Cache La Poudre Adjacent Areas ...... X pend, or modify any project or activity 4 Cherokee Park. 5 Comanche Peak Adjacent Areas ...... X decision made prior to July 3, 2012. 6 Copper Mountain. (c) The provisions set forth in this 7 Crosier Mountain. subpart provide the maximum level of 8 Gold Run...... X 9 Green Ridge -East ...... X tree cutting, sale and removal, and 10 Green Ridge -West ...... X road construction and reconstruction 11 Grey Rock. activity allowed within Colorado 12 Hell Canyon. 13 Indian Peaks Adjacent Areas ...... X Roadless Areas. Land management 14 . plan components can be more restric- 15 Kelly Creek...... X tive than this subpart and will con- 16 Lion Gulch. 17 Adjacent Areas ...... X tinue to provide direction and guidance 18 ...... X for projects and activities within Colo- 19 Neota Adjacent Area ...... X rado Roadless Areas. Nothing in this 20 Never Summer Adjacent Area. 21 North Lone Pine ...... X subpart shall prohibit a responsible of- 22 North St. Vrain ...... X ficial from further restricting activi- 23 Rawah Adjacent Areas ...... X ties allowed within Colorado Roadless 24 Square Top Mountain ...... X 25 Troublesome ...... X Areas. This subpart does not compel 26 Vasquez Adjacent Area ...... X the amendment or revision of any land 27 White Pine Mountain. management plan. 28 Williams Fork...... X (d) The prohibitions and restrictions Grand Mesa, Uncompahgre, established in this subpart are not sub- 29 Agate Creek. ject to reconsideration, revision, or re- 30 American Flag Mountain. scission in subsequent project decisions 31 Baldy. or land management plan amendments 32 Battlements. 33 Beaver ...... X or revisions undertaken pursuant to 36 34 Beckwiths. CFR part 219. 35 Calamity Basin. (e) Nothing in this subpart waives 36 Cannibal Plateau. 37 Canyon Creek-Antero. any applicable requirements regarding 38 Canyon Creek. site specific environmental analysis, 39 Carson ...... X public involvement, consultation with 40 Castle. 41 Cataract ...... X Tribes and other agencies, or compli- 42 . ance with applicable laws. 43 Clear Fork. (f) If any provision in this subpart or 44 Cochetopa ...... X 45 . its application to any person or to cer- 46 Cottonwoods. tain circumstances is held to be in- 47 Crystal Creek. valid, the remainder of the regulations 48 Crystal Peak...... X 49 Curecanti ...... X in this subpart and their application 50 Currant Creek. remain in force. 51 Deer Creek. (g) After July 3, 2012 36 CFR 294.10 52 Dominguez. 53 Double Top. through 294.14 shall have no effect 54 East Elk. within the State of Colorado. 55 Electric Mountain.

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Includes Includes Line Colorado roadless area name upper tier Line Colorado roadless area name upper tier No. acres No. acres

56 Failes Creek-Soldier Creek ...... X 123 Green Mountain. 57 Flatirons. 124 : Badito Cone to Dry X 58 Flattop Mountain. Creek. 59 Flattops-Elk Park. 125 Greenhorn Mountain: Cisneros Creek to 60 Gothic. Upper Turkey Creek. 61 Granite Basin...... X 126 Greenhorn Mountain: Graneros Creek to X 62 Hightower. Section 10. 63 Hope Lake...... X 127 Greenhorn Mountain: Little Saint Charles 64 Horse Ranch Park. Creek to Greenhorn Creek. 65 Horsefly Canyon...... X 128 Gunbarrel. 66 Huntsman Ridge. 129 Hardscrabble. 67 . 130 Highline. 68 Johnson Basin...... X 131 Holy Cross...... X 69 Kannah Creek. 132 Hoosier Ridge...... X 70 Kelso Mesa. 133 Jefferson. 71 Last Dollar-Sheep Creek. 134 Kaufman Ridge. 72 Little Cimarron...... X 135 Kreutzer-Princeton ...... X 73 Long Canyon. 136 Little Fountain Creek ...... X 74 Matchless Mountain. 137 Lost Creek East. 75 Matterhorn ...... X 138 Lost Creek South. 76 McClure Pass. 139 Lost Creek West. 77 Mendicant ...... X 140 . 78 Mineral Mountain...... X 141 . 79 Mirror Lake. 142 . 80 ...... X 143 Mount Evans...... X 81 Munsey-Erickson ...... X 144 ...... X 82 Naturita Canyon...... X 145 East. 83 North Henson. 146 Pikes Peak West. 84 Pilot Knob. 147 Porphyry Peak. 85 Poverty Gulch...... X 148 Puma Hills. 86 Salt Creek. 149 Purgatoire ...... X 87 Sanford Basin...... X 150 Rampart East...... X 88 Sawtooth ...... X 151 Rampart West. 89 Schofield Pass. 152 Reveille Canyon. 90 Soap Creek...... X 153 Romley ...... X 91 Steuben. 154 Saint Charles Peak. 92 Sunnyside. 155 Sangre de Cristo: Alvarado Campground X 93 Sunset. to Music Pass. 94 Texas Creek. 156 Sangre de Cristo: to Slide X 95 Tomahawk. Mountain. 96 Turner Creek. 157 Sangre de Cristo: Lake Creek to Hermit X 97 Turret Ridge...... X 98 Unaweep ...... X Creek. 99 Union. 158 Sangre de Cristo: Medano Pass to Car- X 100 Whetstone. bonate Mountain. 101 Whitehouse Mountain...... X 159 Sangre de Cristo: Silverheels Gulch to 102 Willow Creek. Hunts Creek. 103 Wilson ...... X 160 Sangre de Cristo: West Creek to Big Cot- 104 Windy Point. tonwood. 161 Schoolmarm Mountain. Manti-La Sal National Forest 162 Scraggy Peaks. 163 Sheep Rock. 105 Roc Creek...... X 164 Silverheels ...... X 165 ...... X Pike-San Isabel National Forest 166 Square Top Mountain ...... X 167 Starvation Creek. 106 Antelope Creek. 168 Tanner Peak...... X 107 Aspen Ridge...... X 169 ...... X 108 Babcock Hole. 170 Thunder Butte. 109 Badger Creek...... X 171 Weston Peak...... X 110 Boreas. 111 Buffalo Peaks East ...... X Rio Grande National Forest 112 Buffalo Peaks South. 113 Buffalo Peaks West ...... X 172 Alamosa River...... X 114 Burning Bear...... X 173 Antora Meadows-Bear Creek ...... X 115 Chicago Ridge. 174 Beartown ...... X 116 Chipeta. 175 Beaver Mountain...... X 117 Cuchara North. 176 Bennet Mountain-Blowout-Willow Creek- X 118 Cuchara South. Lion Point-Greenie Mountain. 119 Elk Mountain-Collegiate North ...... X 177 Big Buck-Kitty-Ruby...... X 120 Elk Mountain-Collegiate South. 178 Box-Road Canyon...... X 121 Elk Mountain-Collegiate West ...... X 179 Bristol Head...... X 122 Farnum. 180 Butterfly.

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Includes Includes Line Colorado roadless area name upper tier Line Colorado roadless area name upper tier No. acres No. acres

181 Chama Basin...... X 250 Troublesome North...... X 182 Conejos River-Lake Fork. 251 Troublesome South...... X 183 Copper Mountain-Sulphur...... X 252 Walton Peak. 184 Cotton Creek. 253 Whalen Creek. 185 Crestone. 186 Cumbres ...... X San Juan National Forest 187 Deep Creek-Boot Mountain ...... X 188 Dorsey Creek...... X 254 Baldy. 189 Elkhorn Peak...... X 255 Blackhawk Mountain. 190 Four Mile Creek ...... X 256 East Animas...... X 191 Fox Creek...... X 257 Fish Creek. 192 Fox Mountain...... X 258 Florida River. 193 Gibbs Creek. 259 Graham Park...... X 194 Gold Creek-Cascade Creek ...... X 260 HD Mountains. 195 Hot Springs. 261 Hermosa ...... X 196 Indian Ridge...... X 262 Adjacent ...... X 197 Kitty Creek. 263 Piedra Area Adjacent ...... X 198 La Garita...... X 264 Runlett Park. 199 Lake Fork...... X 265 Ryman ...... X 200 Lower East Bellows ...... X 266 San Miguel...... X 201 Middle Alder...... X 267 South San Juan Adjacent ...... X 202 Miller Creek. 268 Storm Peak. 203 Pole Creek. 269 Treasure Mountain...... X 204 Pole Mountain-Finger Mesa ...... X 270 Turkey Creek...... X 205 Red Mountain...... X 271 Weminuche Adjacent...... X 272 West Needles...... X 206 Ruby Lake...... X 273 Winter Hills/Serviceberry Mountain. 207 Sawlog ...... X 208 Sheep Mountain...... X White River National Forest 209 Silver Lakes-Stunner...... X 210 Snowshoe Mountain...... X 274 Adam Mountain. 211 Spectacle Lake. 275 Ashcroft. 212 Spruce Hole-Sheep Creek ...... X 276 Assignation Ridge...... X 213 Stunner Pass-Dolores Canyon ...... X 277 Baldy Mountain. 214 Sulphur Tunnel. 278 Basalt Mountain A. 215 -Elwood Pass ...... X 279 Basalt Mountain B. 216 Taylor Canyon...... X 280 Berry Creek. 217 Tewksberry ...... X 281 Big Ridge to South Fork A ...... X 218 Tobacco Lakes...... X 282 Big Ridge to South Fork B ...... X 219 Trout Mountain-Elk Mountain ...... X 283 Black Lake East. 220 Ute Pass...... X 284 Black Lake West. 221 Wason Park...... X 285 Blair Mountain. 222 Wightman Fork-Upper Burro ...... X 286 Boulder. 223 Wightman Fork -Lookout ...... X 287 Budges. 224 Willow Mountain...... X 288 Buffer Mountain. 289 Burnt Mountain. Routt National Forest 290 Chicago Ridge...... X 291 Corral Creek...... X 225 Barber Basin. 292 Crystal River. 226 Black Mountain. 293 Deep Creek...... X 227 Bunker Basin...... X 294 Dome Peak...... X 228 Bushy Creek. 295 East Divide-Four Mile Park. 229 Chatfield ...... X 296 East Vail. 230 Chedsey Creek. 297 East Willow. 231 Dome. 298 Elk Creek B. 232 Dome Peak...... X 299 Elliot Ridge...... X 233 Elkhorn. 300 Fawn Creek-Little Lost Park. 234 Gold Creek. 301 Freeman Creek...... X 235 Grizzly Helena. 302 Gallo Hill. 236 Kettle Lakes...... X 303 Game Creek. 237 Little Green Creek. 304 Grizzly Creek. 238 Long Park. 305 Gypsum Creek...... X 239 Mad Creek. 306 Hardscrabble. 240 Morrison Creek. 307 Hay Park. 241 Never Summer North. 308 Holy Cross City. 242 Never Summer South. 309 Homestake. 243 Nipple Peak North ...... X 310 Hoosier Ridge...... X 244 Nipple Peak South ...... X 311 Housetop Mountain. 245 Pagoda Peak...... X 312 Hunter ...... X 246 Shield Mountain...... X 313 Little Grand Mesa ...... X 247 South Fork...... X 314 Lower Piney. 248 Sugarloaf North. 315 Mamm Peak. 249 Sugarloaf South...... X 316 Maroon East.

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296.10 Suspension and revocation of per- Line Includes No. Colorado roadless area name upper tier mits. acres 296.11 Appeals relating to permits. 317 Maryland Creek. 296.12 Relationship to section 106 of the Na- 318 McClure Pass. tional Historic Preservation Act. 319 McFarlane. 296.13 Custody of archaeological resources. 320 Meadow Mountain A. 321 Meadow Mountain B. 296.14 Determination of archaeological or 322 Morapos A. commercial value and cost of restoration 323 Morapos B. and repair. 324 Mormon Creek...... X 296.15 Assessment of civil penalties. 325 No Name. 296.16 Civil penalty amounts. 326 North Elk. 327 North Independent A ...... X 296.17 Other penalties and rewards. 328 North Independent B. 296.18 Confidentiality of archaeological re- 329 North Woody. source information. 330 Pagoda Peak. 296.19 Report. 331 Piney Lake. 332 Porcupine Peak...... X 296.20 Public awareness programs. 333 Ptarmigan A. 296.21 Surveys and schedules. 334 Ptarmigan B...... X 335 Ptarmigan C...... X AUTHORITY: Pub. L. 96–95, 93 Stat. 721, as 336 Ptarmigan Hill A. amended, 102 Stat. 2983 (16 U.S.C. 470aa– 337 Ptarmigan Hill B. mm)(Sec. 10(a). Related Authority: Pub. L. 338 Red Dirt A. 59–209, 34 Stat. 225 (16 U.S.C. 432, 433); Pub. L. 339 Red Dirt B. 86–523, 74 Stat. 220, 221 (16 U.S.C. 469), as 340 Red Mountain. 341 Red Table...... X amended, 88 Stat. 174 (1974); Pub. L. 89–665, 80 342 Reno Mountain. Stat. 915 (16 U.S.C. 470a–t), as amended, 84 343 Ripple Creek Pass-Trappers Lake ...... X Stat. 204 (1970), 87 Stat. 139 (1973), 90 Stat. 344 Ryan Gulch. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987 345 Salt Creek. (1980); Pub. L. 95–341, 92 Stat. 469 (42 U.S.C. 346 Sloan Peak...... X 1996). 347 Spraddle Creek A ...... X 348 Spraddle Creek B. SOURCE: 49 FR 1027, Jan. 6, 1984, unless oth- 349 Sweetwater A...... X erwise noted. 350 Sweetwater B. 351 ...... X 352 Tenmile. § 296.1 Purpose. 353 Thompson Creek. 354 Tigiwon ...... X (a) The regulations in this part im- 355 Treasure Mountain...... X plement provisions of the Archae- 356 West Brush Creek. ological Resources Protection Act of 357 West Lake Creek. 358 Wildcat Mountain. 1979, as amended (16 U.S.C. 470aa–mm) 359 Wildcat Mountain B. by establishing the uniform defini- 360 Wildcat Mountain C. tions, standards, and procedures to be 361 Williams Fork. 362 Willow. followed by all Federal land managers 363 Woods Lake...... X in providing protection for archae- ological resources, located on public lands and Indian lands of the United PART 296—PROTECTION OF AR- States. These regulations enable Fed- CHAEOLOGICAL RESOURCES: eral land managers to protect archae- UNIFORM REGULATIONS ological resources, taking into consid- eration provisions of the American In- Sec. dian Religious Freedom Act (92 Stat. 296.1 Purpose. 469; 42 U.S.C. 1996), through permits au- 296.2 Authority. thorizing excavation and/or removal of 296.3 Definitions. 296.4 Prohibited acts and criminal pen- archaeological resources, through civil alties. penalties for unauthorized excavation 296.5 Permit requirements and exceptions. and/or removal, through provisions for 296.6 Application for permits and informa- the preservation of archaeological re- tion collection. source collections and data, and 296.7 Notification to Indian tribes of pos- through provisions for ensuring con- sible harm to, or destruction of, sites on public lands having religious or cultural fidentiality of information about ar- importance. chaeological resources when disclosure 296.8 Issuance of permits. would threaten the archaeological re- 296.9 Terms and conditions of permits. sources.

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