§ 293.17 36 CFR Ch. II (7–1–20 Edition)

(iii) The portage from Back Bay to under appropriate conditions deter- Pipestone Bay of Basswood Lake. mined by the Chief, Forest Service. (iv) The portages from Fall Lake to (b) Grazing of domestic livestock, de- Newton Lake to Pipestone Bay of Bass- velopment of water storage projects wood Lake. which do not involve road construc- (v) The portage from Vermilion Lake tion, and improvements necessary for to Trout Lake. the protection of the National Forests (2) The Forest Service may authorize, may be permitted, subject to such re- by special use permit, the use of motor strictions as the Chief, Forest Service, vehicles to transport watercraft over deems desirable. Within Primitive the following portages: Areas, when the use is for other than (i) Four Mile Portage From Fall administrative needs of the Forest Lake to Hoist Bay of Basswood Lake. Service, use by other Federal agencies (ii) Vermilion Lake to Trout Lake. when authorized by the Chief, and in (iii) Prairie Portage from Sucker emergencies, the landing of aircraft Lake to Basswood Lake and the use of motorboats are prohib- (iv) Loon River to Loon Lake and ited on National Forest land or water from Loon Lake to Lac La Croix. unless such use by aircraft or motor- (c) Snowmobile use. (1) A snowmobile boats has already become well estab- is defined as a self-propelled, motorized lished, the use of motor vehicles is pro- vehicle not exceeding forty inches in hibited, and the use of other motorized width designed to operate on ice and equipment is prohibited except as au- snow, having a ski or skiis in contact thorized by the Chief. These restric- with the snow and driven by a track or tions are not intended as limitations tracks. on statutory rights of ingress and (2) The Forest Service permits use of egress or of prospecting, locating, and snowmobiles only on the following developing mineral resources. routes: (c) All prohibitions for those areas of (i) The overland portages in Saint National Forest classified as Primitive Louis County from Crane Lake to Lit- on the effective date of the Wilderness tle Vermilion Lake in Canada. Act, September 3, 1964, are in part 261. (ii) The route in Cook County from (78 Stat. 890, 16 U.S.C. 1131–1136; 74 Stat. 215, Sea Gull River along the eastern por- 16 U.S.C. 528–531) tion of Saganage Lake to Canada. [38 FR 5855, Mar. 5, 1973, as amended at 42 FR (3) The Forest Service may issue spe- 35960, July 13, 1977] cial-use authorizations to use snowmo- biles for the grooming of specified cross-country ski trails near existing PART 294—SPECIAL AREAS resorts. Subpart A—Miscellaneous Provisions [50 FR 16231, Apr. 25, 1985] Sec. § 293.17 National Forest Primitive 294.1 Recreation areas. Areas. 294.2 Navigation of aircraft within airspace reservation over the Boundary Waters (a) Within those areas of National Canoe Area Wilderness, Superior Na- Forests classified as Primitive on the ef- tional Forest, Minnesota. fective date of the Wilderness Act, Sep- 294.3–294.9 [Reserved] tember 3, 1964, there shall be no roads or other provision for motorized trans- Subpart B—State Petitions for Inventoried portation, no commercial timber cut- Roadless Area Management ting, and no occupancy under special- use permit for hotels, stores, resorts, 294.10 Purpose. 294.11 Definition. summer homes, organization camps, 294.12 State petitions. hunting and fishing lodges, or similar 294.13 Petition process. uses: Provided, That existing roads over 294.14 Petition contents. National Forest lands reserved from 294.15 Advisory committee review. the public domain and roads necessary 294.16 State-specific rulemaking. for the exercise of a statutory right of 294.17 Scope and applicability. ingress and egress may be allowed 294.18 Severability.

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Subpart C— Roadless Area (b) Areas which should be managed Management for public recreation requiring develop- ment and substantial improvements 294.20 Purpose. 294.21 Definitions. may be given special classification as 294.22 Idaho Roadless Areas. public recreation areas. Areas in single 294.23 Road construction and reconstruction tracts of not more than 160 acres may in Idaho Roadless Areas. be approved and classified by the Chief 294.24 Timber cutting, sale, or removal in of the Forest Service or by such offi- Idaho Roadless Areas. cers as he may designate. Areas in ex- 294.25 Mineral activities in Idaho Roadless cess of 160 acres will be classified by Areas. 294.26 Other activities in Idaho Roadless the Secretary of Agriculture. Classi- Areas. fication hereunder may include areas 294.27 Corrections and modifications. used or selected to be used for the de- 294.28 Scope and applicability. velopment and maintenance as camp 294.29 List of designated Idaho Roadless grounds, picnic grounds, organization Areas. camps, resorts, public service sites (such as for restaurants, filling sta- Subpart D— Roadless Area tions, stores, horse and boat liveries, Management garages, and similar types of public 294.40 Purpose. service accommodations), bathing 294.41 Definitions. beaches, winter sports areas, lodges, 294.42 Prohibitions on tree cutting, sale, or and similar facilities and appurtenant removal. structures needed by the public to 294.43 Prohibition on road construction and reconstruction. enjoy the recreation resources of the 294.44 Prohibition on linear construction national forests. The boundaries of all zones. areas so classified shall be clearly 294.45 Environmental documentation. marked on the ground and notices of 294.46 Other activities. such classification shall be posted at 294.47 Modifications and administrative cor- conspicuous places thereon. Areas clas- rections. sified under this section shall thereby 294.48 Scope and applicability. 294.49 List of designated Colorado Roadless be set apart and reserved for public Areas. recreation use and such classification shall constitute a formal closing of the Subpart A—Miscellaneous area to any use or occupancy incon- Provisions sistent with the classification. [38 FR 5859, Mar. 5, 1973, as amended at 66 FR AUTHORITY: 16 U.S.C. 472, 551, and 1131. 3272, Jan. 12, 2001]

§ 294.1 Recreation areas. § 294.2 Navigation of aircraft within airspace reservation over the Suitable areas of national forest Boundary Waters Canoe Area Wil- land, other than wilderness or wild derness, Superior National Forest, areas, which should be managed prin- Minnesota. cipally for recreation use may be given special classification as follows: (a) Description of areas. Sections (a) Areas which should be managed 294.2(b) to 294.2(f), inclusive, apply to principally for recreation use substan- those areas of land and water in the tially in their natural condition and on Counties of Cook, Lake, and St. Louis, which, in the discretion of the officer State of Minnesota, within the exterior making the classification, certain boundaries of the Superior National other uses may or may not be per- Forest, which have heretofore been des- mitted may be approved and classified ignated by the Secretary of Agri- by the Chief of the Forest Service or by culture as the Superior Roadless Area, such officers as he may designate if the the Little Indian Sioux Roadless Area, particular area is less than 100,000 and the Caribou Roadless Area, respec- acres. Areas of 100,000 acres or more tively, and to the airspace over said will be approved and classified by the areas and below the altitude of 4,000 Secretary of Agriculture. feet above sea level. Said areas are

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more particularly described in the Ex- § 294.10 Purpose. ecutive order setting apart said air- The purpose of these administrative space as an airspace reservation (E.O. procedures is to set forth a process for 10092, Dec. 17, 1949; 3 CFR 1949 Supp.). State-specific rulemaking to address Copies of said Executive order may be the management of inventoried obtained on request from the Forest roadless areas in areas where the Sec- Supervisor, Superior National Forest, retary determines that regulatory di- Duluth, Minnesota (hereinafter called rection is appropriate based on a peti- Forest Supervisor). tion from the affected Governor. (b) Emergency landing and rescue oper- ations. The pilot of any aircraft landing § 294.11 Definition. within any of said areas for reasons of Inventoried roadless areas—Areas iden- emergency or for conducting rescue op- tified in a set of inventoried roadless erations, shall inform the Forest Su- area maps, contained in the Forest pervisor within seven days after the Service Roadless Area Conservation, termination of the emergency or the Final Environmental Impact State- completion of the rescue operation as ment, Volume 2, dated November 2000, to the date, place, and duration of and any subsequent update or revision landing, and the type and registration of those maps through the land man- number of the aircraft. agement planning process. (c) Low flights. Any person making a flight within said airspace reservation § 294.12 State petitions. for reasons of safety or for conducting The Governor of any State or terri- rescue operations shall inform the For- tory that contains National Forest est Supervisor within seven days after System lands may petition the Sec- the completion of the flight or the res- retary of Agriculture to promulgate cue operation as to the date, place, and regulations establishing management duration of flight, and the type and requirements for all or any portion of registration number of the aircraft. National Forest System inventoried (d) Official flights. The provisions of roadless areas within that State or ter- §§ 294.2(b) and 294.2(c) do not apply to ritory. Any such petition must be sub- flights made for conducting or assist- mitted to the Secretary of Agriculture ing in the conduct of official business not later than November 13, 2006. of the , of the State of Minnesota or of Cook, St. Louis, or § 294.13 Petition process. Lake Counties, Minnesota. (a) Review and consideration of peti- (e) Conformity with law. Nothing in tions made pursuant to § 294.12 shall be these regulations shall be construed as accomplished as follows: permitting the operation of aircraft (1) Review. The Secretary shall re- contrary to the provisions of the Civil view petitions and may request addi- Aeronautics Act of 1938 (52 Stat. 973), tional information from a petitioner as amended, or any rule, regulation or before deciding whether to accept the order issued thereunder. petition. If the Secretary requests ad- ditional information from a petitioner, [38 FR 5859, Mar. 5, 1973, as amended at 50 FR 16232, Apr. 25, 1985; 66 FR 3272, Jan. 12, 2001] the petition will be considered com- plete when the petitioner provides the §§ 294.3–294.9 [Reserved] additional information. (2) Disposition. The Secretary or the Subpart B—State Petitions for Secretary’s designee shall respond to the petition within 180 days of receipt Inventoried Roadless Area of a completed petition. The response Management shall accept or decline the petition to initiate a State-specific rulemaking. AUTHORITY: 16 U.S.C. 472, 529, 551, 1608, 1613; 23 U.S.C. 201, 205. § 294.14 Petition contents.

SOURCE: 70 FR 25661, May 13, 2005, unless (a) Any petition made pursuant to otherwise noted. § 294.12 shall provide the following:

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(1) The location and description of (b) The petition contents described in the particular lands for which the peti- paragraphs (a)(1) through (a)(8) of this tion is being made, including maps and section constitute an information col- other appropriate resources in suffi- lection requirement as defined by 5 cient detail to enable consideration of CFR part 1320 and have been assigned the petition; Office of Management and Budget con- (2) The particular management re- trol number 0596–0178. quirements recommended for the lands and any exceptions; § 294.15 Advisory committee review. (3) The identification of the cir- A National Advisory Committee shall cumstances and needs intended to be addressed by the petition, including review each petition and provide advice conserving roadless area values and and recommendations to the Secretary characteristics; protecting human within 90 days of receipt of a completed health and safety; reducing hazardous petition. The committee will also pro- fuels and restoring essential wildlife vide advice and recommendations to habitats; maintaining existing facili- the Secretary on any subsequent State- ties such as dams, or providing reason- specific rulemakings. able access to public and private prop- erty or public and privately owned fa- § 294.16 State-specific rulemaking. cilities; and technical corrections to If the Secretary or the Secretary’s existing maps such as boundary adjust- designee accepts a petition, the Forest ments to remove existing roaded areas; Service shall be directed to initiate no- (4) A description of how the rec- tice and comment rulemaking to ad- ommended management requirements dress the petition. The Forest Service identified in paragraph (a)(2) of this shall coordinate development of the section differ from existing applicable proposed rule with the petitioner. The land management plan(s) or policies re- Secretary or the Secretary’s designee lated to inventoried roadless area man- shall make the final decision for any agement, and how they would comply State-specific inventoried roadless area with applicable laws and regulations; (5) A description of how the rec- management rule. ommended management requirements § 294.17 Scope and applicability. identified in paragraph (a)(2) of this section compare to existing State or (a) The provisions of this subpart local land conservation policies and di- apply exclusively to the development rection set forth in any applicable and review of petitions made pursuant State or local land and resource man- to this subpart. agement plan(s); (b) Nothing in this subpart shall be (6) A description of how the rec- construed to provide for the transfer ommended management requirements to, or administration by, a State or identified in paragraph (a)(2) of this local authority of any Federally owned section would affect the fish and wild- lands. life that utilize the particular lands in (c) Nothing in this subpart, nor any question and their habitat; regulation promulgated pursuant to (7) A description of any public in- this petitioning process, shall prohibit volvement efforts undertaken by the the exercise of any valid existing petitioner during development of the rights. petition, including efforts to engage Tribal and local governments, and per- § 294.18 Severability. sons with expertise in fish and wildlife biology, fish and wildlife management, In the event that any provision, sec- forest management, outdoor recre- tion, subsection, or phrase of this sub- ation, and other important disciplines; part is determined by a court or body and of competent jurisdiction to be invalid, (8) A commitment by the petitioner unconstitutional, or unenforceable, the to participate as a cooperating agency remaining provisions, sections, sub- in any environmental analysis for a sections, or phrases shall remain in full rulemaking process. force and effect.

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Subpart C—Idaho Roadless Area as described in the Roadless Area Con- Management servation; National Forest System Lands in Idaho, Final Environmental Impact Statement, Appendix Q. AUTHORITY: 16 U.S.C. 472, 529, 551, 1608, 1613; Forest road: As defined at 36 CFR 23 U.S.C. 201, 205. 212.1, the term means a road wholly or SOURCE: 73 FR 61489, Oct. 16, 2008, unless partly within or adjacent to and serv- otherwise noted. ing the National Forest System that the Forest Service determines is nec- § 294.20 Purpose. essary for the protection, administra- The purpose of this subpart is to pro- tion, and use of the National Forest vide, in the context of multiple-use System and the use and development of management, State-specific direction its resources. for the conservation of inventoried Forest type: A forest stand that is es- roadless areas in the national forests sentially similar throughout its extent within the State of Idaho. This subpart in composition under generally similar sets forth the procedures for manage- environmental conditions, including ment of Idaho Roadless Areas con- temporary, permanent, climax, and sistent with the Multiple-Use Sus- cover types. tained-Yield Act of 1960 (16 U.S.C. 528– Hazardous fuels: Excessive live or 531). dead wildland fuel accumulations that increase the potential for § 294.21 Definitions. uncharacteristically intense wildland The following terms and definitions fire and decrease the capability to pro- apply to this subpart. tect life, property, and natural re- At-risk community: As defined under sources. section 101 of the Healthy Forests Res- Idaho Roadless Areas: Areas des- toration Act (HFRA). ignated pursuant to this rule and iden- Community protection zone: An area tified in a set of maps maintained at extending one-half mile from the the national headquarters office of the boundary of an at-risk community or Forest Service. an area within one and a half miles of Municipal water supply system: As de- the boundary of an at-risk community, fined under section 101 of the Healthy where any land: Forests Restoration Act, the term (1) Has a sustained steep slope that means the reservoirs, canals, ditches, creates the potential for wildfire be- flumes, laterals, pipes, pipelines, and havior endangering the at-risk commu- other surface facilities and systems nity; constructed or installed for the collec- (2) Has a geographic feature that aids tion, impoundment, storage, transpor- in creating an effective fire break, such tation, or distribution of drinking as a road or a ridge top; or water. (3) Is in condition class 3 as defined Responsible official: The Forest Serv- by HFRA. ice line officer with the authority and Fire hazard and risk: The fuel condi- responsibility to make decisions about tions on the landscape. protection and management of Idaho Fire occurrence: The probability of Roadless Areas pursuant to this sub- wildfire ignition based on historic fire part. occurrence records and other informa- Road: As defined at 36 CFR 212.1, the tion. term means a motor vehicle route over Forest Plan Special Area: Certain 50 inches wide, unless identified and lands identified on the Idaho Roadless managed as a trail. Area Maps, § 294.22(c) and listed in Road construction and reconstruction: § 294.29 shall be managed pursuant to As defined at 36 CFR 212.1, the terms applicable land management compo- mean supervising, inspecting, actual nents. These lands include areas such building, and incurrence of all costs in- as research natural areas, designated cidental to the construction or recon- and eligible wild and scenic river cor- struction of a road. ridors, developed recreation sites, or Road decommissioning: As defined at other specified management purposes, 36 CFR 212.1, the term means activities

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that result in the stabilization and res- § 294.22 Idaho Roadless Areas. toration of unneeded roads to a more (a) Designations. All National Forest natural state. System lands within the State of Idaho Road maintenance: The ongoing up- listed in § 294.29 are hereby designated keep of a road necessary to retain or as Idaho Roadless Areas. restore the road to the approved road (b) Management classifications. Man- management objective. agement classifications for Idaho Road realignment: Activity that re- Roadless Areas express a management sults in a new location of an existing continuum. The following management road or portions of an existing road, classifications are established: and treatment of the old roadway. (1) Wild Land Recreation; Roadless characteristics: Resources or (2) Special Areas of Historic or Tribal features that are often present in and Significance; characterize Idaho Roadless Areas, in- (3) Primitive; cluding: (4) Backcountry/Restoration; and (1) High quality or undisturbed soil, (5) General Forest, Rangeland, and water, and air; Grassland. (c) Maps. The Chief shall maintain (2) Sources of public drinking water; and make available to the public a map (3) Diversity of plant and animal of each Idaho Roadless Area, including communities; records regarding any corrections or (4) Habitat for threatened, endan- modifications of such maps pursuant to gered, proposed, candidate, and sen- § 294.27. sitive species, and for those species de- (d) Activities in Idaho Roadless Areas pendent on large, undisturbed areas of shall be consistent with the applicable land; management classification listed for (5) Primitive, semi-primitive non-mo- each area under § 294.29. torized, and semi-primitive motorized classes of dispersed recreation; § 294.23 Road construction and recon- (6) Reference landscapes; struction in Idaho Roadless Areas. (7) Natural appearing landscapes with (a) Wild Land Recreation, Special Areas high scenic quality; of Historic or Tribal Significance, or (8) Traditional cultural properties Primitive. Road construction and recon- and sacred sites; and struction are prohibited in Idaho (9) Other locally identified unique Roadless Areas designated as Wild Land Recreation, Special Areas of His- characteristics. toric or Tribal Significance, or Primi- Substantially altered portion: An area tive. However, the Regional Forester within an Idaho Roadless Area where may authorize a road to be constructed past road construction, timber cutting, or reconstructed in an area designated or other uses have materially dimin- as Wild Land Recreation, Special Area ished the area’s roadless characteris- of Historic or Tribal Significance, or tics. Primitive if pursuant to statute, trea- Temporary road: As defined at 36 CFR ty, reserved or outstanding rights, or 212.1, the term means a road necessary other legal duty of the United States. for emergency operations or authorized (b) Backcountry/Restoration. (1) Road by contract, permit, lease, or other construction and reconstruction are written authorization that is not a for- only permissible in Idaho Roadless est road and that is not included in a Areas designated as Backcountry/Res- forest transportation atlas. Temporary toration where the Regional Forester roads are available for administrative determines: use until decommissioned. (i) A road is needed to protect public Uncharacteristic wildland fire effects: health and safety in cases of an immi- An increase in wildland fire size, sever- nent threat of flood, wildland fire, or ity, and resistance to control; and the other catastrophic event that, without associated impact on people, property, intervention, would cause the loss of and fire fighter safety compared to life or property; that which occurred in the native sys- (ii) A road is needed to conduct a re- tem. sponse action under the Comprehensive

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Environmental Response, Compensa- currence, and fire hazard and risk, indi- tion, and Liability Act (CERCLA) or to cate a serious likelihood that a conduct a natural resource restoration wildland fire disturbance event would action under CERCLA, section 311 of present a high risk of threat to an at- the Clean Water Act, or the Oil Pollu- risk community or municipal water tion Act; supply system. (iii) A road is needed pursuant to (ii) The activity cannot be reason- statute, treaty, reserved or out- ably accomplished without a tem- standing rights, or other legal duty of porary road. the United States; (iii) The activity will maintain or (iv) A road realignment is needed to improve one or more roadless charac- prevent irreparable resource damage teristics over the long-term. that arises from the design, location, (c) General Forest, Rangeland, and use, or deterioration of a road and can- Grassland. (1) A forest road may be con- not be mitigated by road maintenance. structed or reconstructed or a tem- Road realignment may occur under porary road may be constructed in this subsection only if the road is Idaho Roadless Areas designated as deemed essential for public or private General Forest, Rangeland, and Grass- access, natural resource management, land, unless prohibited in § 294.25(e). or public health and safety; (2) Forest roads constructed or recon- (v) Road reconstruction is needed to structed pursuant to § 294.23(c)(1) must implement a road safety improvement be conducted in a way that minimizes project on a road determined to be haz- effects on surface resources and must ardous based on accident experience or be consistent with land management accident potential on that road; or plan components as provided for in (vi) The Secretary of Agriculture de- § 294.28(d). termines that a Federal Aid Highway (d) Temporary roads. (1) Temporary project, authorized pursuant to Title 23 road construction must be conducted of the United States Code, is in the in a way that minimizes effects on sur- public interest or is consistent with face resources, is consistent with land the purpose for which the land was re- management plan components as pro- served or acquired and no other reason- vided for in § 294.28(d), and may only be able and prudent alternative exists. used for the specified purpose(s). (2) A responsible official may author- ize temporary road construction or (2) Temporary roads must be decom- road reconstruction for community missioned upon completion of the protection zone activities pursuant to project or expiration of the contract or § 294.24(c)(1)(i) if in the official’s judg- permit, whichever is sooner. A road de- ment the community protection objec- commissioning provision will be re- tives cannot be reasonably accom- quired in all such contracts or permits plished without a temporary road. and may not be waived. (3) The Regional Forester may ap- (e) Road maintenance. Maintenance of prove temporary road construction or temporary and forest roads is permis- road reconstruction to reduce haz- sible in Idaho Roadless Areas. ardous fuel conditions outside a com- (f) Roads associated with mineral activi- munity protection zone where in the ties. Road construction or reconstruc- Regional Forester’s judgment the cir- tion associated with mineral activities cumstances set out below exist. Tem- is provided for in § 294.25. porary road construction or road re- construction to reduce hazardous fuel § 294.24 Timber cutting, sale, or re- moval in Idaho Roadless Areas. conditions under this provision will be dependent on forest type and is ex- (a) Wild Land Recreation. The cutting, pected to be infrequent. sale, or removal of timber is prohibited (i) There is a significant risk that a in Idaho Roadless Areas designated as wildland fire disturbance event could Wild Land Recreation under this sub- adversely affect an at-risk community part, except: or municipal water supply system pur- (1) For personal or administrative suant to § 294.24(c)(1)(ii). A significant use, as provided for in 36 CFR part 223; risk exists where the history of fire oc- or

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(2) Where incidental to the imple- (ii) To reduce hazardous fuel condi- mentation of a management activity tions outside the community protec- not otherwise prohibited by this sub- tion zone where there is significant part. risk that a wildland fire disturbance (b) Special Areas of Historic or Tribal event could adversely affect an at-risk Significance and Primitive. (1) The cut- community or municipal water supply ting, sale, or removal of timber is pro- system. A significant risk exists where hibited in Idaho Roadless Areas des- the history of fire occurrence, and fire ignated as a Special Area of Historic or hazard and risk, indicate a serious like- Tribal Significance or as Primitive lihood that a wildland fire disturbance under this subpart, except: event would present a high risk of (i) To improve threatened, endan- threat to an at-risk community or mu- gered, proposed, or sensitive species nicipal water supply system; habitat; (iii) To improve threatened, endan- (ii) To maintain or restore the char- gered, proposed, or sensitive species acteristics of ecosystem composition, habitat; structure, and processes; (iv) To maintain or restore the char- (iii) To reduce the risk of acteristics of ecosystem composition, uncharacteristic wildland fire effects structure, and processes; to an at-risk community or municipal (v) To reduce the risk of water supply system; uncharacteristic wildland fire effects; (iv) For personal or administrative (vi) For personal or administrative use, as provided for in 36 CFR part 223; use, as provided for in 36 CFR part 223; or (vii) Where incidental to the imple- mentation of a management activity (v) Where such cutting, sale or re- not otherwise prohibited by this sub- moval is incidental to the implementa- part; or tion of a management activity not oth- (viii) In a portion of an Idaho erwise prohibited by this subpart. Roadless Area designated as (2) Any action authorized pursuant to Backcountry/Restoration that has been paragraphs § 294.24(b)(1)(i) through (iii) substantially altered due to the con- shall be limited to situations that: struction of a forest road and subse- (i) Maintain or improve one or more quent timber cutting. Both the road of the roadless characteristics over the construction and subsequent timber long-term; cutting must have occurred prior to (ii) Use existing roads or aerial har- October 16, 2008. vest systems; (2) Any action authorized pursuant to (iii) Maximize the retention of large paragraphs § 294.24(c)(1)(ii) through (v) trees as appropriate for the forest type, shall be approved by the Regional For- to the extent the trees promote fire-re- ester and limited to situations that, in silient stands; the Regional Forester’s judgment: (iv) Are consistent with land manage- (i) Maintains or improves one or ment plan components as provided for more of the roadless characteristics in § 294.28(d); and over the long-term; (v) Is approved by the regional for- (ii) Maximizes the retention of large ester. trees as appropriate for the forest type (c) Backcountry/Restoration. (1) The to the extent the trees promote fire-re- cutting, sale, or removal of timber is silient stands; and permissible in Idaho Roadless Areas (iii) Is consistent with land manage- designated as Backcountry/Restoration ment plan components as provided for only: in § 294.28(d). (i) To reduce hazardous fuel condi- (3) The activities in paragraph tions within the community protection § 294.24(c)(1) may use any forest roads zone if in the responsible official’s or temporary roads, including those judgment the project generally retains authorized under § 294.23(b)(2 and 3) large trees as appropriate for the forest until decommissioned. type and is consistent with land man- (d) General Forest, Rangeland, and agement plan components as provided Grassland. Timber may be cut, sold, or for in § 294.28(d); removed within Idaho Roadless Areas

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designated as General Forest, Range- only if the use of these mineral mate- land, and Grassland but shall be con- rials is incidental to an activity other- sistent with the land management plan wise permissible in backcountry/res- components as provided for in toration under this subpart. § 294.28(d). (e) General Forest, Rangeland, and Grassland. (1) For mineral leases, con- § 294.25 Mineral activities in Idaho tracts, permits, and other associated Roadless Areas. activities authorized after October 16, (a) Nothing in this subpart shall be 2008, the Forest Service will not rec- construed as restricting mineral leases, ommend, authorize, or consent to road contracts, permits, and associated ac- construction or reconstruction associ- tivities authorized prior to October 16, ated with mineral leases in Idaho 2008. Roadless Areas designated as General (b) Nothing in this subpart shall af- Forest, Rangeland, and Grassland fect mining activities conducted pursu- theme; except such road construction ant to the General Mining Law of 1872. or reconstruction may be authorized by (c) Wild Land Recreation, Special Areas of Historic or Tribal Significance, or the responsible official in association Primitive. (1) For mineral leases, con- with phosphate deposits as described in tracts, permits, and other associated Figure 3–20 in section 3.15 Minerals and activities authorized after the effective Energy in the Roadless Area Conserva- date of this subpart the Forest Service tion; National Forest System Lands in will not recommend, authorize, or con- Idaho Final Environmental Impact sent to road construction, road recon- Statement. Surface use or occupancy struction, or surface occupancy associ- without road construction or recon- ated with mineral leases in Idaho struction is permissible for all mineral Roadless Areas designated as Wild leasing unless prohibited in the land Land Recreation, Special Areas of His- management plan components. toric or Tribal Significance, or Primi- (2) After October 16, 2008, the Forest tive themes. Service may authorize the use or sale (2) After October 16, 2008, the Forest of common variety mineral materials, Service will not authorize sale of com- and associated road construction or re- mon variety mineral materials in construction to access these mineral Idaho Roadless Areas designated as materials, in Idaho Roadless Areas des- Wild Land Recreation, Special Areas of ignated as General Forest, Rangeland, Historic or Tribal Significance, or and Grassland only if the use of these Primitive themes. mineral materials is incidental to an (d) Backcountry/Restoration. (1) For activity otherwise permissible in Gen- mineral leases, contracts, permits, and eral Forest, Rangeland, and Grassland other associated activities authorized under this subpart. after the effective date of this subpart, (3) Road construction or reconstruc- the Forest Service will not rec- tion associated with mining activities ommend, authorize, or consent to road permissible under this subsection may construction or road reconstruction as- sociated with mineral leases in Idaho only be approved after evaluating other Roadless Areas designated as access options. Backcountry/Restoration. Surface use (4) Road construction or reconstruc- or occupancy without road construc- tion associated with mining activities tion or reconstruction is permissible permissible under this subsection must for all mineral leasing unless prohib- be conducted in a manner that mini- ited in the applicable land manage- mizes effects on surface resources and ment plan. must be consistent with land manage- (2) After October 16, 2008, the Forest ment plan components as provided for Service may authorize the use or sale in § 294.28(d). Roads constructed or re- of common variety mineral materials, constructed must be decommissioned and associated road construction or re- upon completion of the project, or ex- construction to access these mineral piration of the lease, or permit, or materials, in Idaho Roadless Areas des- other authorization, whichever is soon- ignated as Backcountry/Restoration er.

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§ 294.26 Other activities in Idaho (d) The provisions set forth in this Roadless Areas. subpart shall take precedence over any (a) Motorized travel. Nothing in this inconsistent land management plan subpart shall be construed as affecting component. Land management plan existing roads or trails in Idaho components that are not inconsistent Roadless Areas. Decisions concerning with this subpart will continue to pro- the future management of existing vide guidance for projects and activi- roads or trails in Idaho Roadless Areas ties within Idaho Roadless Areas; as shall be made during the applicable shall those related to protection of travel management process. threatened and endangered species. (b) Grazing. Nothing in this subpart This subpart does not compel the shall be construed as affecting existing amendment or revision of any land grazing permits in Idaho Roadless management plan. Areas. Future road construction asso- (e) The prohibitions and permissions ciated with livestock operations shall set forth in the subpart are not subject conform to this subpart. to reconsideration, revision, or rescis- (c) Motorized equipment and mechan- sion in subsequent project decisions or ical transport. Nothing in this subpart land and resource management plan shall be construed as affecting the use of motorized equipment and mechan- amendments or revisions undertaken ical transport in Idaho Roadless Areas. pursuant to 36 CFR part 219. (f) This subpart shall not apply to § 294.27 Corrections and modifications. Forest Plan Special Areas within Idaho Correction or modification of des- Roadless Areas. ignations made pursuant to this sub- (g) Nothing in this subpart waives part may occur under the following cir- any applicable requirements regarding cumstances: site-specific environmental analysis, (a) Administrative corrections. Admin- public involvement, consultation with istrative corrections to the maps of Tribes and other agencies, or compli- lands identified in § 294.22(c) include, ance with applicable laws. but are not limited to, adjustments (h) This subpart does not modify the that remedy clerical errors, typo- unique relationship between the United graphical errors, mapping errors, or States and Indian Tribes that requires improvements in mapping technology. the Federal Government to work with The Chief may issue administrative federally recognized Indian Tribes gov- corrections after a 30-day public notice ernment-to-government as provided for and opportunity to comment. in treaties, laws or Executive orders. (b) Modifications. The Chief may add Nothing herein limits or modifies prior to, remove from, or modify the des- existing tribal rights, including those ignations and management classifica- involving hunting, fishing, gathering, tions listed in § 294.29 based on changed and protection of cultural and spiritual circumstances or public need. The sites. Chief shall provide at least a 45-day public notice and opportunity to com- (i) If any provision of the rules in ment for all modifications. this subpart or its application to any person or to certain circumstances is § 294.28 Scope and applicability. held invalid, the remainder of the regu- (a) After October 16, 2008 subpart B of lations in this subpart and their appli- this part shall have no effect within cation remain in force. the State of Idaho. (b) This subpart does not revoke, sus- § 294.29 List of designated Idaho Roadless Areas. pend, or modify any permit, contract, or other legal instrument authorizing The acronyms used in the list are the occupancy and use of National For- Wild Land Recreation (WLR), est System land issued prior to October Backcountry/Restoration (BCR), Gen- 16, 2008. eral Forest, Rangeland, and Grassland (c) This subpart does not revoke, sus- (GFRG), Special Areas of Historic or pend, or modify any project or activity Tribal Significance (SAHTS) and For- decision made prior to October 16, 2008. est Plan Special Areas (FPSA).

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Forest Idaho roadless area # WLR Primitive BCR GFRG SAHTS FPSA

Boise ...... Bald ...... 019 ...... X ...... X Boise ...... Bear Wallow ...... 125 ...... X ...... X Boise ...... Bernard ...... 029 ...... X ...... X Boise ...... Black Lake ...... 036 ...... X ...... X Boise ...... Blue Bunch ...... 923 ...... X ...... X Boise ...... Breadwinner ...... 006 ...... X ...... X Boise ...... Burnt Log ...... 035 ...... X ...... X Boise ...... Cathedral Rocks ...... 038 ...... X ...... X Boise ...... Caton Lake ...... 912 ...... X X ...... X Boise ...... Cow Creek ...... 028 ...... X ...... Boise ...... Danskin ...... 002 ...... X ...... X Boise ...... Deadwood ...... 020 ...... X X ...... X Boise ...... Elk Creek ...... 022 ...... X ...... X Boise ...... Grand Mountain ...... 007 ...... X ...... X Boise ...... Grimes Pass ...... 017 ...... X X ...... X Boise ...... Hanson Lakes ...... 915 X X ...... X Boise ...... Hawley Mountain ...... 018 ...... X ...... Boise ...... Horse Heaven ...... 925 ...... X X ...... Boise ...... House Mountain ...... 001 ...... X ...... X Boise ...... Lime Creek ...... 937 ...... X ...... Boise ...... Lost Man Creek ...... 041 ...... X ...... X Boise ...... Meadow Creek ...... 913 ...... X X ...... X Boise ...... Mt Heinen ...... 003 ...... X ...... Boise ...... Nameless Creek ...... 034 ...... X ...... Boise ...... Needles ...... 911 X X X X ...... X Boise ...... Peace Rock ...... 026 ...... X X ...... X Boise ...... Poison Creek ...... 042 ...... X ...... Boise ...... Poker Meadows ...... 032 ...... X ...... X Boise ...... Rainbow ...... 008 ...... X ...... X Boise ...... ...... 916 X X X X ...... X Boise ...... Reeves Creek ...... 010 ...... X ...... Boise ...... Sheep Creek ...... 005 ...... X ...... X Boise ...... Smoky ...... 914 ...... X ...... X Boise ...... Snowbank ...... 924 ...... X ...... Boise ...... ...... 012 ...... X ...... X Boise ...... Stony Meadows ...... 027 ...... X X ...... Boise ...... Ten Mile/Black Warrior .. 013 X X ...... X ...... X Boise ...... Tennessee ...... 033 ...... X ...... X Boise ...... Whiskey ...... 031 ...... X ...... Boise ...... Whiskey Jack ...... 009 ...... X ...... Boise ...... Whitehawk Mountain ..... 021 ...... X X ...... Boise ...... ...... 040 ...... X ...... Caribou ...... Bear Creek...... 615 ...... X X X ...... X Caribou ...... Bonneville Peak ...... 154 ...... X X ...... X Caribou ...... Caribou City...... 161 X ...... X ...... X Caribou ...... Clarkston Mountain ...... 159 ...... X X ...... Caribou ...... Deep Creek ...... 158 ...... X X ...... X Caribou ...... Dry Ridge ...... 164 ...... X X ...... Caribou ...... Elkhorn Mountain ...... 156 ...... X X ...... Caribou ...... Gannett-Spring Creek.... 111 ...... X X X ...... X Caribou ...... Gibson ...... 181 ...... X X ...... Caribou ...... Hell Hole ...... 168 ...... X ...... X Caribou ...... Huckleberry Basin ...... 165 ...... X X ...... Caribou ...... Liberty Creek ...... 175 ...... X X ...... X Caribou ...... Meade Peak...... 167 ...... X X X ...... X Caribou ...... Mink Creek ...... 176 ...... X X ...... X Caribou ...... Mount Naomi...... 758 X ...... X X ...... X Caribou ...... North Pebble ...... 155 ...... X X ...... Caribou ...... Oxford Mountain ...... 157 ...... X X ...... X Caribou ...... Paris Peak ...... 177 ...... X X ...... Caribou ...... Pole Creek ...... 160 ...... X X ...... Caribou ...... Red Mountain ...... 170 ...... X X ...... Caribou ...... Sage Creek ...... 166 ...... X X ...... Caribou ...... Schmid Peak ...... 163 ...... X X ...... Caribou ...... Scout Mountain ...... 152 ...... X X ...... X Caribou ...... Sherman Peak ...... 172 ...... X X ...... Caribou ...... Soda Point ...... 171 ...... X X ...... X Caribou ...... Station Creek ...... 178 ...... X X ...... Caribou ...... Stauffer Creek ...... 173 ...... X ...... Caribou ...... Stump Creek...... 162 ...... X X X ...... X Caribou ...... Swan Creek ...... 180 ...... X ...... Caribou ...... Telephone Draw ...... 169 ...... X X ...... X Caribou ...... Toponce ...... 153 ...... X X ...... Caribou ...... West Mink ...... 151 ...... X X ...... X

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Forest Idaho roadless area # WLR Primitive BCR GFRG SAHTS FPSA

Caribou ...... Williams Creek ...... 174 ...... X X ...... X Caribou ...... Worm Creek ...... 170 ...... X X ...... X Challis ...... Blue Bunch Mountain .... 923 ...... X ...... Challis ...... ...... 012 X ...... X ...... X Challis ...... Boulder-White Clouds.... 920 X ...... X ...... Challis ...... Camas Creek ...... 901 ...... X ...... Challis ...... Challis Creek ...... 004 ...... X ...... Challis ...... Cold Springs ...... 026 ...... X ...... Challis ...... Copper Basin ...... 019 ...... X ...... Challis ...... ...... 601 ...... X ...... X Challis ...... Greylock ...... 007 ...... X ...... Challis ...... Grouse Peak ...... 010 ...... X ...... Challis ...... Hanson Lake ...... 915 ...... X ...... Challis ...... Jumpoff Mountain ...... 014 ...... X ...... Challis ...... King Mountain ...... 013 ...... X ...... Challis ...... ...... 903 ...... X ...... X Challis ...... Loon Creek ...... 908 ...... X ...... Challis ...... Pahsimeroi Mountain ..... 011 ...... X ...... Challis ...... Pioneer Mountains...... 921 X ...... X ...... X Challis ...... Prophyry Peak ...... 017 ...... X ...... Challis ...... Railroad Ridge ...... 922 ...... X ...... Challis ...... Red Hill ...... 027 ...... X ...... Challis ...... Red Mountain ...... 916 ...... X ...... Challis ...... Seafoam ...... 009 ...... X ...... Challis ...... Spring Basin ...... 006 ...... X ...... Challis ...... Squaw Creek ...... 005 ...... X ...... Challis ...... Taylor Mountain ...... 902 ...... X ...... Challis ...... Warm Creek ...... 024 ...... X ...... Challis ...... White Knob ...... 025 ...... X ...... Challis ...... Wood Canyon ...... 028 ...... X ...... Clearwater ...... Bighorn-Weitas ...... 306 ...... X ...... X X Clearwater ...... Eldorado Creek ...... 312 ...... X ...... X Clearwater ...... Hoodoo ...... 301 X ...... X Clearwater ...... Lochsa Face...... 311 ...... X X ...... X X Clearwater ...... Lolo Creek (LNF) ...... 805 ...... X ...... Clearwater ...... Mallard-Larkins ...... 300 X X X ...... Clearwater ...... Meadow Creek—Upper 302 ...... X X ...... North Fork. Clearwater ...... ...... 305 ...... X X ...... Clearwater ...... North Fork Spruce— 309 X X X ...... White Sand. Clearwater ...... North Lochsa Slope ...... 307 ...... X X ...... X X Clearwater ...... Pot Mountain ...... 304 ...... X ...... X Clearwater ...... Rackliff-Gedney ...... 841 ...... X ...... X Clearwater ...... Rawhide ...... 313 ...... X X ...... Clearwater ...... Siwash ...... 303 ...... X ...... Clearwater ...... Sneakfoot Meadows...... 314 X X X ...... X Clearwater ...... Weir-Post Office Creek .. 308 ...... X ...... X X Idaho Panhandle Beetop ...... 130 ...... X ...... Idaho Panhandle Big Creek ...... 143 ...... X ...... Idaho Panhandle Blacktail Mountain ...... 122 ...... X ...... X Idaho Panhandle Blacktail Mountain ...... 161 ...... X ...... Idaho Panhandle Buckhorn Ridge ...... 661 ...... X ...... Idaho Panhandle Continental Mountain ..... 004 ...... X ...... Idaho Panhandle East ..... 131 ...... X ...... X Idaho Panhandle East Fork Elk ...... 678 ...... X ...... Idaho Panhandle Gilt Edge-Silver Creek ... 792 ...... X ...... Idaho Panhandle Graham Coal ...... 139 ...... X ...... X Idaho Panhandle Grandmother Mountain .. 148 X ...... X X ...... X Idaho Panhandle Hammond Creek ...... 145 ...... X ...... Idaho Panhandle Hellroaring ...... 128 ...... X ...... Idaho Panhandle Katka Peak ...... 157 ...... X X ...... Idaho Panhandle Kootenai Peak ...... 126 ...... X ...... Idaho Panhandle Little Grass Mountain .... 121 ...... X ...... Idaho Panhandle Lost Creek ...... 137 ...... X ...... X Idaho Panhandle Magee ...... 132 ...... X ...... Idaho Panhandle Mallard-Larkins...... 300 X ...... X ...... X Idaho Panhandle Maple Peak ...... 141 ...... X ...... Idaho Panhandle Meadow Creek-Upper N. 302 ...... X ...... X Fork. Idaho Panhandle Midget Peak ...... 151 ...... X ...... X Idaho Panhandle Mosquito-Fly ...... 150 ...... X ...... X Idaho Panhandle Mt. Willard-Lake Estelle 173 ...... X ...... X Idaho Panhandle North Fork ...... 147 ...... X ...... X

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Forest Idaho roadless area # WLR Primitive BCR GFRG SAHTS FPSA

Idaho Panhandle Packsaddle ...... 155 ...... X ...... Idaho Panhandle Pinchot Butte ...... 149 ...... X ...... Idaho Panhandle Roland Point ...... 146 ...... X ...... Idaho Panhandle Saddle Mountain ...... 154 ...... X ...... Idaho Panhandle Salmo-Priest ...... 981 X ...... X Idaho Panhandle Schafer Peak ...... 160 ...... X X ...... Idaho Panhandle Scotchman Peaks ...... 662 X ...... X ...... X Idaho Panhandle Selkirk...... 125 X ...... X X ...... X Idaho Panhandle Sheep Mountain-State 799 ...... X ...... X Line. Idaho Panhandle Skitwish Ridge ...... 135 ...... X ...... Idaho Panhandle Spion Kop ...... 136 ...... X ...... X Idaho Panhandle Stevens Peak ...... 142 ...... X ...... Idaho Panhandle Storm Creek ...... 144 ...... X ...... Idaho Panhandle Tepee Creek ...... 133 ...... X ...... Idaho Panhandle Trestle Peak ...... 129 ...... X ...... Idaho Panhandle Trouble Creek ...... 138 ...... X ...... X Idaho Panhandle Trout Creek ...... 664 ...... X ...... X Idaho Panhandle Upper Priest ...... 123 ...... X ...... X Idaho Panhandle ...... 127 ...... X X ...... Idaho Panhandle Wonderful Peak ...... 152 ...... X ...... Kootenai ...... Buckhorn Ridge ...... 661 ...... X ...... Kootenai ...... Mt. Willard-Lake Estelle 173 ...... X ...... X Kootenai ...... Roberts ...... 691 ...... X ...... Kootenai ...... Scotchman Peaks ...... 662 ...... X ...... Kootenai ...... West Fork Elk ...... 692 ...... X ...... Nez Perce ...... ...... 844 ...... X ...... Nez Perce ...... Dixie Summit—Nut Hill .. 235 ...... X ...... X Nez Perce ...... East Meadow Creek ...... 845 ...... X ...... X Nez Perce ...... Gospel Hump ...... 921 ...... X ...... Nez Perce ...... Gospel Hump Adjacent ...... X ...... to Wilderness. Nez Perce ...... John Day ...... 852 ...... X ...... Nez Perce ...... Lick Point ...... 227 ...... X ...... Nez Perce ...... Little Slate Creek ...... 851 ...... X ...... Nez Perce ...... Little Slate Creek North 856 ...... X ...... X Nez Perce ...... Mallard ...... 847 ...... X ...... Nez Perce ...... North Fork Slate Creek 850 ...... X ...... Nez Perce ...... O’Hara—Falls Creek ..... 226 ...... X ...... X Nez Perce ...... Rackliff—Gedney ...... 841 ...... X ...... X Nez Perce ...... Rapid River ...... 922 X ...... X Nez Perce ...... Salmon Face ...... 855 ...... X ...... Nez Perce ...... Selway Bitterroot ...... X ...... Nez Perce ...... Silver Creek—Pilot Knob 849 ...... X Nez Perce ...... West Fork Crooked ...... X ...... River. Nez Perce ...... West Meadow Creek ..... 845 ...... X ...... X Payette ...... Big Creek Fringe ...... 009 ...... X ...... Payette ...... Caton Lake ...... 912 ...... X ...... X Payette ...... Chimney Rock ...... 006 ...... X ...... X Payette ...... Cottontail Point/Pilot 004 ...... X X ...... X Peak. Payette ...... Council Mountain ...... 018 ...... X ...... X Payette ...... Crystal Mountain ...... 005 ...... X ...... X Payette ...... Cuddy Mountain...... 016 ...... X ...... X ...... X Payette ...... French Creek...... 026 ...... X X X ...... X Payette ...... Hells Canyon/7 Devils 001 ...... X ...... X Scenic. Payette ...... Horse Heaven ...... 925 ...... X ...... Payette ...... Indian Creek ...... 019 ...... X ...... Payette ...... Meadow Creek ...... 913 ...... X ...... Payette ...... Needles ...... 911 X X X ...... X Payette ...... Patrick Butte ...... 002 ...... X X ...... X Payette ...... Placer Creek ...... 008 ...... X X ...... Payette ...... Poison Creek ...... 042 ...... X ...... Payette ...... Rapid River ...... 922 X ...... X Payette ...... Secesh ...... 010 X X X ...... X Payette ...... Sheep Gulch ...... 017 ...... X ...... Payette ...... Smith Creek ...... 007 ...... X ...... Payette ...... Snowbank ...... 924 ...... X ...... Payette ...... Sugar Mountain ...... 014 ...... X ...... Salmon ...... Agency Creek ...... 512 ...... X X ...... Salmon ...... Allan Mountain ...... 946 ...... X ...... X Salmon ...... Anderson Mountain ...... 942 ...... X ......

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Forest Idaho roadless area # WLR Primitive BCR GFRG SAHTS FPSA

Salmon ...... Blue Joint Mountain ...... 941 ...... X ...... Salmon ...... Camas Creek ...... 901 ...... X ...... Salmon ...... Deep Creek ...... 509 ...... X ...... Salmon ...... Duck Peak ...... 518 ...... X ...... X Salmon ...... Goat Mountain ...... 944 ...... X ...... Salmon ...... Goldbug Ridge ...... 903 ...... X ...... Salmon ...... Haystack Mountain ...... 507 ...... X X ...... Salmon ...... Italian Peak ...... 945 ...... X ...... Salmon ...... Jesse Creek ...... 510 ...... X ...... Salmon ...... Jureano ...... 506 ...... X X ...... Salmon ...... Lemhi Range ...... 903 ...... X ...... X Salmon ...... Little Horse ...... 514 ...... X ...... Salmon ...... Long Tom ...... 521 ...... X ...... X Salmon ...... McEleny ...... 505 ...... X ...... Salmon ...... Musgrove ...... 517 ...... X X ...... Salmon ...... Napias ...... 515 ...... X ...... Salmon ...... Napoleon Ridge ...... 501 ...... X X ...... X Salmon ...... Oreana ...... 516 ...... X ...... Salmon ...... Perreau Creek ...... 511 ...... X ...... Salmon ...... Phelan ...... 508 ...... X ...... Salmon ...... Sal Mountain ...... 513 ...... X ...... Salmon ...... Sheepeater ...... 520 ...... X X ...... X Salmon ...... South Deep Creek ...... 509 ...... X X ...... Salmon ...... South Panther ...... 504 ...... X ...... Salmon ...... Taylor Mountain ...... 902 ...... X ...... Salmon ...... West Big Hole ...... 943 ...... X X X ...... X Salmon ...... West Panther Creek ...... 504 ...... X ...... Sawtooth ...... Black Pine ...... 003 ...... X ...... X Sawtooth ...... Blackhorse Creek ...... 039 ...... X ...... Sawtooth ...... Boulder-White Clouds.... 920 X X X ...... X Sawtooth ...... ...... 038 ...... X ...... X Sawtooth ...... ...... 007 ...... X X ...... Sawtooth ...... Cottonwood ...... 010 ...... X ...... Sawtooth ...... Elk Ridge ...... 019 ...... X ...... Sawtooth ...... Fifth Fork Rock Creek ... 023 ...... X ...... X ...... Sawtooth ...... Hanson Lakes...... 915 X X X ...... X Sawtooth ...... Huckleberry ...... 016 ...... X ...... X Sawtooth ...... Liberal Mountain...... 040 ...... X ...... X ...... Sawtooth ...... Lime Creek ...... 937 ...... X ...... X Sawtooth ...... Lone Cedar ...... 011 ...... X ...... Sawtooth ...... Loon Creek ...... 908 ...... X ...... Sawtooth ...... Mahogany Butte ...... 012 ...... X ...... Sawtooth ...... ...... 006 ...... X X X ...... X Sawtooth ...... Pettit ...... 017 ...... X ...... X Sawtooth ...... Pioneer Mountains...... 921 X X X ...... X Sawtooth ...... Railroad Ridge ...... 922 ...... X ...... X Sawtooth ...... ...... 914 ...... X X ...... X Sawtooth ...... Sublett ...... 005 ...... X ...... Sawtooth ...... Third Fork Rock Creek .. 009 ...... X ...... X ...... Sawtooth ...... Thorobred ...... 013 ...... X ...... Targhee ...... ...... 614 ...... X X ...... Targhee ...... Bear Creek ...... 615 ...... X X ...... X Targhee ...... Caribou City ...... 161 ...... X X ...... Targhee ...... Diamond Peak...... 601 X X X X ...... X Targhee ...... Garfield Mountain...... 961 ...... X X X ...... X Targhee ...... Garns Mountain ...... 611 ...... X X ...... X Targhee ...... Italian Peak...... 945 X ...... X ...... X Targhee ...... Lionhead ...... 963 X ...... X ...... X Targhee ...... Mt. Jefferson...... 962 ...... X X X ...... X Targhee ...... Palisades ...... 613 X ...... X ...... X Targhee ...... Poker Peak ...... 616 ...... X ...... X Targhee ...... Pole Creek ...... 160 ...... X ...... Targhee ...... Raynolds Pass ...... 603 ...... X ...... Targhee ...... Two Top ...... 604 ...... X ...... Targhee ...... West Slope Tetons ...... 610 ...... X ...... X Targhee ...... Winegar Hole ...... 347 ...... X X ...... X Wallowa-Whitman Big Canyon Id ...... 853 ...... X ...... Wallowa-Whitman Klopton Creek—Corral 854 ...... X ...... Creek Id.

[73 FR 61489, Oct. 16, 2008, as amended at 76 FR 17342, Mar. 29, 2011; 79 FR 33437, June 11, 2014]

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Subpart D—Colorado 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 with the road is no longer needed for the es- Colorado Roadless Areas within 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, (2) For the construction, reconstruc- whichever is sooner. Require the inclu- tion, or maintenance of an authorized sion of a road decommissioning provi- water conveyance structure which is sion in all contracts or permits. Design operated pursuant to a pre-existing decommissioning to stabilize, restore, water court decree (see and revegetate unneeded roads to a § 294.43(c)(1)(iv)); more natural state to protect resources (c) Non-Upper Tier Acres. Notwith- and enhance roadless area characteris- standing the prohibition in paragraph tics. Examples include obliteration, de- (a) of this section, a linear construc- nial of use, elimination of travelway tion zone may only be authorized with- functionality, and removal of the road in Colorado Roadless Area non-upper prism (restoration of the road corridor tier acres if the Regional Forester de- to the original contour and hydrologic termines the LCZ is needed: function). (1) Pursuant to reserved or out- (3) Road designations. The designation standing rights, or as provided for by of a temporary road constructed or re- statute or treaty. constructed pursuant to this subpart (2) For the construction, reconstruc- may not be changed to forest road ex- tion, or maintenance of an authorized cept where a forest road is allowed water conveyance structure which is under paragraphs (b) and (c) of this sec- operated pursuant to a pre-existing tion. water court decree (see (4) Road use. Use of motor vehicles § 294.43(c)(1)(iv)); for administrative purposes by the For- (3) For the construction, reconstruc- est Service and by fire, emergency, or tion, or maintenance of existing or fu- law enforcement personnel is allowed. ture authorized electrical power lines All roads constructed pursuant to para- or telecommunication lines. Electrical graphs (b) and (c) of this section shall power lines or telecommunication lines prohibit public motorized vehicles (in- within Colorado Roadless Areas will cluding off-highway vehicles) except: only be authorized if there is no oppor- (i) Where specifically used for the tunity for the project to be imple- purpose for which the road was estab- mented outside of a Colorado Roadless lished; or Area without causing substantially (ii) Motor vehicle use that is specifi- greater environmental damage; or cally authorized under a Federal law or (4) For the construction, reconstruc- regulation. tion or maintenance of a pipeline asso- (5) Maintenance of Road maintenance. ciated with operation of an oil and gas roads is permissible in Colorado lease that allows surface use within a Roadless Areas. Colorado Roadless Area or the con- [77 FR 39602, July 3, 2012, as amended at 81 struction, reconstruction or mainte- FR 91821, Dec. 19, 2016] 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;

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(2) A linear construction zone is con- that would be implemented on lands sistent with the applicable land man- within Colorado Roadless Areas. Where agement plan direction; the Forest Service does not have the (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

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use plan of operations affecting lands (f) Motorized access. Nothing in this within a Colorado Roadless Area, the subpart shall be construed as limiting responsible official will: the authority of the responsible official (1) Locate, without compromising to approve existing and future motor- health and safety standards, roads, ized access not requiring road con- well sites, and facilities on pre-existing struction or reconstruction in Colorado areas of surface disturbance. Project Roadless Areas associated with grazing design shall minimize the amount of permits, special use authorizations, necessary temporary road construction and other authorizations. or reconstruction. (g) Livestock grazing. The authority to (2) Consider an alternative for pro- issue livestock grazing permits on na- posed operations that addresses locat- tional forest system lands within a Col- ing directional drilling of multi-well orado Roadless Area is not affected by sites on pre-existing areas of surface this subpart; however, no new tem- disturbance. Such an alternative can porary or forest roads shall be author- be dismissed from detailed analysis ized through grazing permits issued with clear justification. after July 3, 2012. (3) Restrict road construction for leases partially within Colorado § 294.47 Modifications and administra- Roadless Areas to portions of the lease tive corrections. outside of Colorado Roadless Areas ex- Modifications and administrative cept when doing so will be substan- corrections pursuant to this subpart, tially more environmentally damaging, after coordination with the State, may compromise safety standards, or is be made under the following cir- unfeasible due to surface and/or oper- cumstances: ational conditions. (a) Modifications to boundaries. The (4) Perform reclamation of surface Chief of the Forest Service may modify 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.

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(c) Amendments to rule language. Any (g) After July 3, 2012 36 CFR 294.10 amendment of this subpart will include through 294.14 shall have no effect coordination with the State and the within the State of Colorado. appropriate level of NEPA analysis. A 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 Line Includes nor does it affect the authority or the 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. 8 Gold Run...... X subpart provide the maximum level of 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 . management plan. 28 Williams Fork...... X

(d) The prohibitions and restrictions Grand Mesa, Uncompahgre, established in this subpart are not sub- ject to reconsideration, revision, or re- 29 Agate Creek. scission in subsequent project decisions 30 American Flag Mountain. 31 Baldy. or land management plan amendments 32 Battlements. or revisions undertaken pursuant to 36 33 Beaver ...... X CFR part 219. 34 Beckwiths. 35 Calamity Basin. (e) Nothing in this subpart waives 36 . any applicable requirements regarding 37 Canyon Creek-Antero. site specific environmental analysis, 38 Canyon Creek. 39 Carson ...... X public involvement, consultation with 40 Castle. Tribes and other agencies, or compli- 41 Cataract ...... X ance with applicable laws. 42 . 43 Clear Fork. (f) If any provision in this subpart or 44 Cochetopa ...... X its application to any person or to cer- 45 . tain circumstances is held to be in- 46 Cottonwoods. valid, the remainder of the regulations 47 Crystal Creek. 48 Crystal Peak...... X in this subpart and their application 49 Curecanti ...... X remain in force. 50 Currant Creek.

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

51 Deer Creek. 118 Cuchara South. 52 Dominguez. 119 Elk Mountain-Collegiate North ...... X 53 Double Top. 120 Elk Mountain-Collegiate South. 54 East Elk. 121 Elk Mountain-Collegiate West ...... X 55 Electric Mountain. 122 Farnum. 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 Creek. 98 Unaweep ...... X 158 Sangre de Cristo: Medano Pass to Car- X 99 Union. bonate Mountain. 100 Whetstone. 159 Sangre de Cristo: Silverheels Gulch to 101 Whitehouse Mountain...... X Hunts Creek. 102 Willow Creek. 160 Sangre de Cristo: West Creek to Big Cot- 103 Wilson ...... X tonwood. 104 Windy Point. 161 Schoolmarm Mountain. 162 Scraggy Peaks. Manti-La Sal National Forest 163 Sheep Rock. 164 Silverheels ...... X 105 Roc Creek...... X 165 ...... X 166 Square Top Mountain ...... X Pike-San Isabel National Forest 167 Starvation Creek. 168 Tanner Peak...... X 106 Antelope Creek. 169 ...... X 107 Aspen Ridge...... X 170 Thunder Butte. 108 Babcock Hole. 171 Weston Peak...... X 109 Badger Creek...... X 110 Boreas. Rio Grande National Forest 111 Buffalo Peaks East ...... X 112 Buffalo Peaks South. 172 Alamosa River...... X 113 Buffalo Peaks West ...... X 173 Antora Meadows-Bear Creek ...... X 114 Burning Bear...... X 174 Beartown ...... X 115 Chicago Ridge. 175 Beaver Mountain...... X 116 Chipeta. 176 Bennet Mountain-Blowout-Willow Creek- X 117 Cuchara North. Lion Point-Greenie 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

177 Big Buck-Kitty-Ruby...... X 246 Shield Mountain...... X 178 Box-Road Canyon...... X 247 South Fork...... X 179 Bristol Head...... X 248 Sugarloaf North. 180 Butterfly. 249 Sugarloaf South...... X 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 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 268 Storm Peak. 202 Miller Creek. 269 Treasure Mountain...... X 203 Pole Creek. 270 Turkey Creek...... X 204 Pole Mountain-Finger Mesa ...... X 271 Weminuche Adjacent...... X 205 Red Mountain...... 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

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296.8 Issuance of permits. Line Includes No. Colorado roadless area name upper tier 296.9 Terms and conditions of permits. acres 296.10 Suspension and revocation of per- 313 Little Grand Mesa ...... X mits. 314 Lower Piney. 296.11 Appeals relating to permits. 315 Mamm Peak. 296.12 Relationship to section 106 of the Na- 316 Maroon East. tional Historic Preservation Act. 317 Maryland Creek. 296.13 Custody of archaeological resources. 318 McClure Pass. 319 McFarlane. 296.14 Determination of archaeological or 320 Meadow Mountain A. commercial value and cost of restoration 321 Meadow Mountain B. and repair. 322 Morapos A. 296.15 Assessment of civil penalties. 323 Morapos B. 296.16 Civil penalty amounts. 324 Mormon Creek...... X 325 No Name. 296.17 Other penalties and rewards. 326 North Elk. 296.18 Confidentiality of archaeological re- 327 North Independent A ...... X source information. 328 North Independent B. 296.19 Report. 329 North Woody. 330 Pagoda Peak. 296.20 Public awareness programs. 331 Piney Lake. 296.21 Surveys and schedules. 332 Porcupine Peak...... X 333 Ptarmigan A. AUTHORITY: Pub. L. 96–95, 93 Stat. 721, as 334 Ptarmigan B...... X amended, 102 Stat. 2983 (16 U.S.C. 470aa– 335 Ptarmigan C...... X mm)(Sec. 10(a). Related Authority: Pub. L. 336 Ptarmigan Hill A. 59–209, 34 Stat. 225 (16 U.S.C. 432, 433); Pub. L. 337 Ptarmigan Hill B. 86–523, 74 Stat. 220, 221 (16 U.S.C. 469), as 338 Red Dirt A. amended, 88 Stat. 174 (1974); Pub. L. 89–665, 80 339 Red Dirt B. 340 Red Mountain. Stat. 915 (16 U.S.C. 470a–t), as amended, 84 341 Red Table...... X Stat. 204 (1970), 87 Stat. 139 (1973), 90 Stat. 342 Reno Mountain. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987 343 Ripple Creek Pass-Trappers Lake ...... X (1980); Pub. L. 95–341, 92 Stat. 469 (42 U.S.C. 344 Ryan Gulch. 1996). 345 Salt Creek. 346 Sloan Peak...... X SOURCE: 49 FR 1027, Jan. 6, 1984, unless oth- 347 Spraddle Creek A ...... X erwise noted. 348 Spraddle Creek B. 349 Sweetwater A...... X 350 Sweetwater B. § 296.1 Purpose. 351 ...... X 352 Tenmile. (a) The regulations in this part im- 353 Thompson Creek. plement provisions of the Archae- 354 Tigiwon ...... X ological Resources Protection Act of 355 Treasure Mountain...... X 1979, as amended (16 U.S.C. 470aa–mm) 356 West Brush Creek. 357 West Lake Creek. by establishing the uniform defini- 358 Wildcat Mountain. tions, standards, and procedures to be 359 Wildcat Mountain B. followed by all Federal land managers 360 Wildcat Mountain C. 361 Williams Fork. in providing protection for archae- 362 Willow. ological resources, located on public 363 Woods Lake...... X lands and Indian lands of the United States. These regulations enable Fed- PART 296—PROTECTION OF AR- eral land managers to protect archae- CHAEOLOGICAL RESOURCES: ological resources, taking into consid- eration provisions of the American In- UNIFORM REGULATIONS dian Religious Freedom Act (92 Stat. 469; 42 U.S.C. 1996), through permits au- Sec. 296.1 Purpose. thorizing excavation and/or removal of 296.2 Authority. archaeological resources, through civil 296.3 Definitions. penalties for unauthorized excavation 296.4 Prohibited acts and criminal pen- and/or removal, through provisions for alties. the preservation of archaeological re- 296.5 Permit requirements and exceptions. source collections and data, and 296.6 Application for permits and informa- through provisions for ensuring con- tion collection. 296.7 Notification to Indian tribes of pos- fidentiality of information about ar- sible harm to, or destruction of, sites on chaeological resources when disclosure public lands having religious or cultural would threaten the archaeological re- importance. sources.

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