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Department of Agriculture Forest Service Thursday, October 16, 2008 Part II Department of Agriculture Forest Service 36 CFR Part 294 Special Areas; Roadless Area Conservation; Applicability to the National Forests in Idaho; Final Rule VerDate Aug<31>2005 16:40 Oct 15, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16OCR2.SGM 16OCR2 rwilkins on PROD1PC63 with RULES_2 61456 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations DEPARTMENT OF AGRICULTURE Gilbert at (208) 765–7438. Individuals November 29 and 30, 2006, in using telecommunication devices for the Washington, DC. The committee issued Forest Service deaf (TDD) may call the Federal a unanimous, consensus-based Information Relay Service (FIRS) at recommendation on December 19, 2006, 36 CFR Part 294 1–800–877–8339 between 8 a.m. and 8 that the Secretary direct the Forest RIN 0596–AC62 p.m. Eastern Standard Time, Monday Service, with the State of Idaho as a through Friday. cooperating agency, to proceed with Special Areas; Roadless Area SUPPLEMENTARY INFORMATION: This rulemaking. The Committee’s report Conservation; Applicability to the document serves as both notice of final provided specific advice and suggested National Forests in Idaho rule and record of decision. clarifications regarding particular issues. After considering the advisory AGENCY: Forest Service, USDA. Decision committee’s review and report, the ACTION: Final rule and record of For the reasons set out below, the Secretary accepted the petition and decision. Department hereby promulgates a directed the Forest Service to initiate regulation establishing IRAs as rulemaking on December 22, 2006. SUMMARY: The U.S. Department of described in Alternative 4 of the A notice of intent to prepare an Agriculture (USDA or Department) is ‘‘Roadless Area Conservation National environmental impact statement (EIS) adopting a state-specific, final rule Forest System Lands in Idaho Final was published in the Federal Register establishing management direction for Environmental Impact Statement,’’ April 10, 2007, (72 FR 17816). A notice designated roadless areas in the State of USDA Forest Service, 2008, and the of availability for the draft Idaho. The final rule designates 250 supporting record. This decision is not environmental impact statement (DEIS) Idaho Roadless Areas (IRAs) and subject to Forest Service appeal was published on December 21, 2007, establishes five management themes regulations. (72 FR 72708). The Forest Service that provide prohibitions with published a proposed rule for exceptions or conditioned permissions Outline conservation of NFS inventoried governing road construction, timber The following section outlines the roadless areas within Idaho on January cutting, and discretionary mineral contents of the preamble. 7, 2008, (73 FR 1135). The notice of development. availability for the final environmental The final rule takes a balanced Introduction and Background impact statement (FEIS) was published approach recognizing both local and Roadless Area Inventories in Idaho on September 5, 2008, (73 FR 51815). Purpose and Need for the Idaho Roadless national interests for the management of Rule Additional information, maps, and other these lands. The Department and Forest Public Involvement on the Proposed Rule materials concerning the FEIS, IRAs, Service are committed to the important • How Was Public Involvement Used in and roadless areas nationally, can be challenge of protecting roadless areas the Rulemaking Process? found at http://roadless.fs.fed.us/. and their important characteristics. The • How Did the RACNAC Participate in the The Department is committed to final rule achieves this through five land Rulemaking Process? conserving and managing inventoried classifications that assign various Alternatives Considered roadless areas. The Department • permissions and prohibitions regarding Alternatives Considered by the considers the final rule as the most road building, timber cutting, and Department appropriate solution to address the • The Environmentally Preferred discretionary mineral activities. The challenges of inventoried roadless area Alternative management on NFS lands in the State final rule also allows the Forest Service Comments on the Proposed Rule and to continue to be a good neighbor and Changes Made in Response of Idaho. Collaborating and cooperating reduce the risk of wildland fires to at- • General Comments Not Related to with states and other interested parties risk communities and municipal water Particular Rule Provisions regarding the long-term strategy for the supply systems. The rule does not • Summary of Changes and Comments conservation and management of authorize the building of a single road Related to Particular Rule Provisions inventoried roadless areas allows or the cutting of a single tree; instead it Regulatory Certifications recognition of both national values and establishes permissions and Introduction and Background local situations. prohibitions that will govern what types The Department believes that the final of activities may occur in IRAs. Any On October 5, 2006, Idaho Governor Idaho Roadless Rule collaboratively decision to build a road, allow mineral James Risch submitted a petition to the resolves an issue of great importance to activities, harvest a tree, or conduct any Secretary of Agriculture (Secretary) to the people of Idaho and the nation. The other activity permissible under this establish new management for Idaho’s management of large tracts of final rule will require appropriate site- inventoried roadless areas on NFS undeveloped land has been a specific analysis under the National lands. Idaho’s petition divided roadless contentious issue since the founding of Environmental Policy Act (NEPA) and areas into five broad management the Forest Service in 1905. The Forest other applicable laws. Projects will also themes: Wild Land Recreation (WLR); Service has engaged in numerous be consistent with the applicable land Special Areas of Historic or Tribal approaches and periodic reviews to management plan (LMP) components. Significance (SAHTS); Primitive; address how to best manage these lands. This final rule supersedes the 2001 Backcountry/Restoration (BCR); and The Idaho Roadless Rule represents a Roadless Area Conservation Rule (2001 General Forest, Rangeland, and unique effort to address these difficult roadless rule) for National Forest Grassland (GFRG). The petition was questions. How can the Agency best System (NFS) lands in the State of submitted under section 553(e) of the conserve open space? How can the Idaho. Administrative Procedure Act and Agency protect some of the most Department regulations at 7 Code of magnificent areas in Idaho and the DATES: Effective Date: This rule is Federal Regulations (CFR) 1.28. The nation? How much active management, effective October 16, 2008. Roadless Area Conservation National including reducing fuel levels through FOR FURTHER INFORMATION CONTACT: Advisory Committee (RACNAC) (72 FR timber harvest, should the Agency Idaho Roadless Rule Team Leader Brad 13469) reviewed the Idaho petition on consider allowing to reduce the risk of VerDate Aug<31>2005 16:40 Oct 15, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16OCR2.SGM 16OCR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61457 unwanted wildland fire effects on negatively affect some local diversity, natural appearing landscapes, adjacent private and other public lands? communities that are dependent on use and other unique resources as the nation The State of Idaho petition included of resources from NFS lands. continues to grow in population and specific information and On August 12, 2008, the Federal faces increasing demands for the various recommendations for the management District Court for the District of multiple-use resources available from of individual inventoried roadless areas Wyoming declared that the 2001 NFS lands. in the State. Additionally, the State of Roadless Area Conservation Rule (2001 Idaho examined roadless areas sharing roadless rule) was promulgated in Roadless Area Inventories in Idaho boundaries or overlapping with all violation of the National Environmental This rulemaking relies on the most neighboring states and determined Policy Act (NEPA) and the Wilderness recent inventory available for roadless coordination with Montana and Utah Act. The court held ‘‘the roadless rule areas within each national forest in the was necessary to ensure consistency of must be set aside’’ and that ‘‘[t]herefore, State of Idaho. Land management plans management themes assigned to these the Court ORDERS that the Roadless were used, as well as other assessments inventoried roadless areas. Rule, 36 CFR 294.10 to 294.14, be and the inventories associated with the The unique perspectives and permanently enjoined, for the second 2000 Roadless Area Conservation Final knowledge provided by the State and its time.’’ Previously, another Federal Environmental Impact Statement. Using citizens was of great assistance district court in California had issued an these inventories, the Forest Service has throughout this rulemaking. Many of order that reinstated the 2001 roadless identified approximately 9.3 million these roadless areas form the backdrop rule, including the Tongass-specific acres of inventoried roadless areas that for Idaho communities and have become amendment, and specified that ‘‘federal are the subject of this rule. part of their identity.
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