Friday, July 25, 2008

Part III

Department of Agriculture Forest Service

36 CFR Part 294 Special Areas; Roadless Area Conservation; Applicability to the National Forests in Colorado; Proposed Rule

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DEPARTMENT OF AGRICULTURE public viewing at Forest Service district protection of our roadless areas,’’ given and supervisor’s offices within the State ongoing legal uncertainty. The 2007 Forest Service of Colorado. petition took into account State and FOR FURTHER INFORMATION CONTACT: local resource management challenges 36 CFR Part 294 Colorado Roadless Rule Team Leader along with the national interest in maintaining roadless characteristics and RIN 0596–AC74 Kathy Kurtz at (303) 275–5083. Individuals using telecommunication the need for management flexibility in Special Areas; Roadless Area devices for the deaf (TDD) may call the certain circumstances. Conservation; Applicability to the Federal Information Relay Service The Roadless Area Conservation National Forests in Colorado (FIRS) at 1–800–877–8339 between 8 National Advisory Committee a.m. and 8 p.m. Eastern Standard Time, (RACNAC) reviewed the 2007 petition AGENCY: Forest Service, USDA Forest Monday through Friday. on June 13 and 14, 2007, in Washington, Service. DC. Harris Sherman, executive director SUPPLEMENTARY INFORMATION: ACTION: Notice of proposed rulemaking; of the Colorado Department of Natural request for comment. Background Resources, representing Governor Ritter, described the scope and intent of the As a leader in natural resource SUMMARY: The Forest Service, U.S. 2007 petition. The RACNAC also heard conservation, the Forest Service Department of Agriculture (USDA), is comments from other State and Forest provides direction for the management proposing to establish a State-specific Service officials, task force members, and use of the Nation’s forests, rule to provide management direction and members of the public. On August rangeland, and aquatic ecosystems for conserving Colorado roadless areas. 8, 2007, the RACNAC issued a under its jurisdiction. Similarly, the The USDA invites written comments on unanimous consensus-based State of Colorado is committed to both the proposed rule and the draft recommendation to the Secretary to sustained natural resource use and environmental impact statement (DEIS) direct the Forest Service, with the State conservation of State and Federal land and will consider those comments in of Colorado as a cooperating agency, to within its borders. Furthermore, the developing a final rule and final proceed with rulemaking based on the Forest Service is charged to collaborate environmental impact statement (FEIS). 2007 petition. cooperatively with states and other The final rule will be published in the After reviewing the RACNAC’s interested parties regarding the use and Federal Register. recommendation, the Secretary accepted management of the National Forest the 2007 petition on August 24, 2007, DATES: Comments must be received in System (NFS). writing 90 days from the date the rule and directed the Forest Service to initiate rulemaking based on the is published in the Federal Register. State of Colorado Petition petition. The proposed rule would ADDRESSES: Comments may be sent via On July 14, 2005, the State of respond to the 2007 petition by e-mail to [email protected]. Colorado announced it would submit a establishing a system of Colorado Comments also may be submitted via petition requesting specific regulatory Roadless Areas (CRAs) with protections the internet at http:// protections for the inventoried roadless for these areas that would supersede the www.regulations.gov. Written comments areas within the State. The State’s 2001 Roadless Rule. concerning this notice should be commitment to participate was The USDA, State, and Forest Service addressed to Roadless Area evidenced by Senate Bill 05–243, the are committed to conserving and Conservation—Colorado, P.O. Box ‘‘Roadless Areas Review Task Force’’ managing roadless areas and consider 162909, Sacramento, CA 95816–2909, or legislation signed into law on June 8, these areas an important and via facsimile to 916–456–6724. 2005. The bill outlined membership and exceptional component of the NFS. The All comments, including names and responsibilities of a 13-member USDA, State, and Forest Service believe addresses, when provided, are placed in bipartisan task force to make the most viable path for lasting the record and are available for public recommendations to the Governor conservation of these areas is through inspection and copying. regarding inventoried roadless areas in properly integrating local, State, and A copy of this proposed rule, draft NFS lands in Colorado. The task force national perspectives on roadless area environmental impact statement (DEIS), held nine public meetings throughout management on NFS lands located the DEIS summary, dates and locations the State, reviewed over 40,000 public within the State of Colorado. of public meetings, and other comments, and conducted a Through a memorandum of information related to this rulemaking comprehensive review of Colorado’s 4.4 understanding dated January 8, 2008, will be available at the national roadless million acres of roadless areas (2001 the State of Colorado was granted Web site http://www.roadless.fs.fed.us. Roadless Rule). cooperating agency status with the Reviewers may request printed copies or Colorado’s petition (2006 petition) Forest Service, under 40 CFR 1508.5, for compact disks of the DEIS and the was submitted to the Secretary of the preparation of the environmental summary by writing to Colorado Agriculture for consideration on impact statement (EIS) associated with Roadless Team/Planning, USDA Forest November 13, 2006, by then-Governor this rulemaking. Service, Rocky Mountain Regional Owens with the provision it be Within the 2007 petition, the State Office, 740 Simms Street, Golden, CO considered under section 553(e) of the requested the Colorado Department of 80401–4720, or by e-mail to comments- Administrative Procedure Act and Natural Resources and/or the Colorado rocky-mountain-regional- USDA regulations at 7 CFR 1.28. On Division of Wildlife be offered [email protected], or by Fax to 303–275– April 11, 2007, Governor Ritter cooperating agency status to assure 5134. When ordering, requesters must resubmitted the 2006 petition with a participation in the evaluation of future specify their address, if they wish to substantive letter of transmittal, which proposed activities in CRAs associated receive the summary or full set of became the 2007 petition. Governor with Federal coal reserves under certain documents, and if the material should Ritter’s transmittal letter requested that lands in the North Fork coal mining area be provided in print or compact disk. state-specific rulemaking be undertaken on the Grand Mesa, Uncompahgre, and Printed copies will be available for to provide an ‘‘insurance policy for Gunnison National Forests, and

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proposed activities associated with ski agency status, the Forest Service will through revised forest plans (Arapaho area lands proposed for removal from coordinate with the State. and Roosevelt, Routt, Rio Grande and roadless designation, listed in Table 2. National Forest System Land White River National Forests) and In addition, the Forest Service will offer Inventories in Colorado ongoing forest plan revisions (Grand cooperating agency status to the State Mesa, Uncompahgre, and Gunnison; where it expresses an interest for any The 2007 petition proposed using the San Juan; Pike and San Isabel; and 2001 Roadless Rule inventoried roadless Forest Service project or planning Manti-La Sal National Forests). Finally, areas as a basis for identifying CRAs. activity on NFS lands located within the 2007 petition identified that certain These inventories would be updated by CRAs, pursuant to the Council on technical corrections to the inventory, portions of ski areas (described in Table Environmental Quality implementing such as but not limited to, 2) were not to be included in CRAs. National Environmental Policy Act congressionally-designated areas as Table 1 displays the acreage changes (NEPA) regulations at 40 CFR 1500– defined in Table 3, land exchanges, and between the 2001 inventoried roadless 1508. Where the Forest Service does not any boundary line revisions including areas (IRAs) and the proposed CRA have the authority to grant cooperating additions and deletions to the inventory boundaries.

TABLE 1.—NET CHANGE IN ROADLESS ACRES DESIGNATIONS BY FOREST—INVENTORIED ROADLESS AREA ACRES TO COLORADO ROADLESS AREA ACRES

Congression- ally designated Total IRA Net change 2001 Rule as wilderness acres without IRA acres not Unroaded Total roadless between IRA total IRA or special congression- included within acres added to 1 2 acres in CRAs and CRA acres areas not ally designated CRAs CRAs acres included in acres IRAs or CRAs

Arapaho-Roosevelt ...... 391,000 (37,000) 354,000 (5,000) 1,000 350,000 (4,000) (1997) GMUG ...... 1,127,000 (67,000) 1,060,000 (329,000) 120,000 853,000 (207,000) (1979) (2005 draft) Pike-San Isabel ...... 688,000 (19,000) 669,000 (77,000) 82,000 674,000 5,000 (1979) (2006 draft) Rio Grande ...... 530,000 530,000 (16,000) 4,000 518,000 (12,000) (1996) Routt ...... 442,000 442,000 (10,000) 2,000 434,000 (8,000) (1998) San Juan ...... 604,000 (60,000) 544,000 (84,000) 99,000 558,000 14,000 (1979) (2006 draft) White River ...... 640,000 640,000 (5,000) 1,000 636,000 (4,000) (2002) Manti La Sal in Colo- rado ...... 11,000 11,000 (4,000) 500 8,000 (3,000) (1979) (2006 draft)

Total State of Colo- rado ...... 4,433,000 (184,000) 4,249,000 (529,000) 309,000 4,031,000 (218,000) Acres may not add due to rounding (ref. DEIS). 1 The 2001 Roadless Rule used inventoried roadless areas from forest plans that were in effect at the time the 2001 Rule was developed, or a roadless inventory that had undergone public involvement. The date of each forest’s inventory used for the 2001 Rule is shown here. Acreages are from the 2001 Roadless Rule FEIS. 2 This column includes acres for the James Peak and Spanish Peak Wildernesses and additions to the Indian Peaks Wilderness, and Bowen Gulch and James Peak Protection Areas, Roubideau and Tabeguache Special Areas, Fossil Ridge Recreation Management Area, and the Piedra Special Management Unit all designated by Congress but not excluded from the 2001 RACR inventory. 3 Acres not included are those identified as substantially altered, mapping errors, updated GIS technology, land exchanges, and ski area acres.

TABLE 2.—SKI AREA ACRES IN 2001 IRASORFOREST PLAN INVENTORIES NOT INCLUDED IN CRAS PER 2007 PETITION

Ski area Additional Total ski acres National Forest Colorado roadless permitted ski area not included in ski areas area(s) allocation 1 acres acres CRAs

Arapaho-Roosevelt National Forest

Loveland ...... Bard Creek, Mount Sniktau ...... 1,370 1,620 2,990

Grand Mesa, Uncompahgre, and Gunnison National Forest

Crested Butte ...... Gothic ...... 900 0 900

Pike-San Isabel National Forest

Ski Cooper ...... Mad Creek DB & DB1 ...... 560 0 560

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TABLE 2.—SKI AREA ACRES IN 2001 IRASORFOREST PLAN INVENTORIES NOT INCLUDED IN CRAS PER 2007 PETITION—Continued

Ski area Additional Total ski acres National Forest Colorado roadless permitted ski area not included in ski areas area(s) allocation 1 acres acres CRAs

Routt National Forest

Steamboat Springs ...... Long Park ...... 180 0 180

San Juan National Forest—(Draft Revised Forest Plan)

Durango Mountain Resort ...... San Miguel ...... 0 290 90

White River National Forest

Arapahoe Basin ...... Porcupine Peak ...... 1,050 0 1,050 Aspen Mt ...... McFarlane ...... 50 0 50 Beaver Creek ...... Meadow Mountain A & B ...... 510 0 510 Breckenridge ...... Tenmile ...... 150 0 150 Buttermilk ...... Burnt Mountain ...... 50 0 50 Copper Mountain ...... Ptarmigan Hill ...... 720 0 720 Snowmass ...... Burnt Mountain ...... 80 0 80 Vail ...... Game Creek ...... 900 0 900

Total ...... 6,500 1,700 8,200 Ski area acres rounded to nearest 10 acres and total acres rounded to nearest 100 acres. Totals may not add due to rounding. Ski areas on National Forest System lands in the State of Colorado that are not listed here do not contain roadless acres within their permit or allocation boundary. 1 Acres allocated in forest plans to ski area management that adjoin currently operating ski areas but are not within the current permitted area. 2 Expansion of Durango Mountain Resort is included within the San Juan’s forest plan revision, draft preferred alternative. There are 90 acres of roadless area to be excluded from the CRA inventory.

TABLE 3.—CONGRESSIONALLY DESIGNATED ACRES INCLUDED IN 2001 IRAS AND NOT INCLUDED IN CRAS

Acres within Congressional designations National Forest roadless areas

Bowen Gulch Protection Area ...... Arapaho-Roosevelt ...... 8,600 Indian Peaks Wilderness additions ...... Arapaho-Roosevelt ...... 3,000 James Peak Protection Area ...... Arapaho-Roosevelt ...... 11,300 James Peak Wilderness ...... Arapaho-Roosevelt ...... 14,300 Fossil Ridge Recreation Management Area ...... Grand Mesa, Uncompahgre, and Gunnison ...... 39,800 Roubideau Area ...... Grand Mesa, Uncompahgre, and Gunnison ...... 18,600 Tabeguache Area ...... Grand Mesa, Uncompahgre, and Gunnison ...... 8,900 Spanish Peak Wilderness ...... Pike-San Isabel ...... 18,700 Piedra Special Management Unit ...... San Juan ...... 60,400

Total ...... 184,000

Using these inventories, the Forest Proposed Roadless Area Conservation flexibility to affect future changes where Service has identified 4.031 million Rule for Colorado needed. acres of roadless areas that would be The Forest Service, in cooperation subject to this proposed rule. This rule, The USDA, State, and Forest Service with the State, has completed a review if finalized as proposed, would establish believe this proposed rule for Colorado of the social, economic, and CRA maps defining the boundaries of represents a unique opportunity to environmental characteristics and these areas and would be maintained at collaboratively manage and protect values associated with the IRAs in the national headquarters office of the roadless areas within the State of Colorado. With public input, the Forest Forest Service as provided in section Colorado. The petitioning process and Service has considered the question of 294.32 of this rule. These maps and the proposed rule enables the Forest how these roadless lands should be acreages may be modified with Service to consider the comments of managed within the scope of the Forest additions or deletions to boundary lines people most affected by or concerned Service’s authority. The management only as outlined in section 294.37. about the contents of state-specific direction proposed by these regulations Acres not included in the CRAs that rulemaking for roadless areas across the would take precedence over any were within the boundaries of the 2001 State in balance with national concerns inconsistent regulatory provision or Roadless Rule IRAs would not be for these areas. The proposed rule land management plan but would not subject to the 2001 Roadless Rule and represents a balanced solution for supersede valid existing rights. All would be managed under their retaining the integrity and natural forests must meet the requirements of respective forest plan direction as beauty of Colorado’s roadless areas the proposed rule, regardless of their provided in section 294.36(i). while maintaining management forest plan guidance. However, the

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proposed rule at sections 294.33 and Service and the State believe this is a way. In rare instances, complete 294.34 does allow restrictions from needed exception so Colorado’s water obliteration and restoration (such as forest plans to apply if they are more and utility infrastructure can be fully recontouring the roadway to its stringent than the proposed rule. Forest properly operated and maintained. This natural state) may cause more plans are revised at approximately 15- provision is only intended to apply to environmental harm than recontouring year intervals and are amended as existing and future authorized utility to a level that stabilizes against soil loss needed. A revision or amendment could and water conveyance structures. The or other damage. For example, when the result in more restrictive direction for proposed rule at section 294.31 provides Forest Service decommissions an individual CRA, but any forest plan the definition for utility and water temporary roads, restoration and direction with less restrictive direction, conveyance structures. The definition obliteration are intended to make the would have no force or effect (sec. does not include road construction or corridor unusable as a road, stabilize it 294.36(d)). reconstruction for the construction or against soil loss or other damage, and maintenance needed for reservoirs. In reestablish the affected land’s natural Ski Areas addition, the proposed rule at section resource capabilities through such The State of Colorado’s petition 294.33(b)(7) includes an additional actions as: removing bridges and requested the Forest Service not include circumstance that would allow for the culverts and reestablishing normal within CRAs, certain acres that are construction and maintenance of roads maximum water flow, eliminating within the 2001 IRAs and allocated in needed for the management of livestock ditches, out-sloping the roadbed, forest plans to a ski-based management grazing. The Forest Service and State removing ruts and berms, and area prescription. This includes acres recognize the importance of maintaining recontouring road cuts. However, fully that are currently within the ski area a viable ranching industry in Colorado. recontouring a road cut may set the permitted boundaries (6,500 acres) as Conserving sustainable, working stage for higher levels of soil loss due to well as acres that have been allocated in grasslands reduces development unsuccessful revegetation on a steep forest plans (current or draft, 1,700 pressure on these lands and is a slope as compared to partial acres) to a ski-based management area component of the Forest Service’s Open recontouring incorporating a design that prescription that are not currently Space Conservation Strategy. facilitates revegetation. within the permitted areas but directly Another change from the 2001 Roads built for access to existing oil adjoin current operating ski areas. A list Roadless Rule is the emphasis the and gas leases as of the date of the of the acres not included in the CRAs by proposed rule places on using Colorado Rule (sec. 294.33(c)(3)) and ski area can be found in Table 2. temporary roads to the extent possible roads built to accommodate coal mining The combined 8,200 ski area acres for any of the circumstances allowing exploration and coal-related surface that are not proposed for CRA for road building (sec. 294.33(c) and (e)). activities in the North Fork coal mining designation would remain subject to The proposed rule also emphasizes area (sec. 294.33(c)(4)) would be their respective forest plan direction restoration of temporary roads at section classified as temporary or long-term and applicable terms and conditions of 294.33(c). temporary roads. The proposed rule special use authorizations. Any The Forest Service is charged with would establish a new category of road, proposal for these ski area acres, managing the National Forest long-term temporary road, which would including expanding a ski area permit transportation system, including have application only in CRAs. The boundary into an area allocated to a ski- requirements for temporary roads to be intent is to provide a classification for based management prescription would designed with the goal of reestablishing roads associated with oil and gas, or be subject to all appropriate vegetative cover on the roadway and coal leases that better recognizes the environmental analysis, including areas where the vegetative cover has longer term, but non-permanent nature NEPA analysis. been disturbed by road construction that is typical of such roads. Long-term within ten years after the termination of temporary roads would be expected to Limited Road Construction and a contract, permit, or lease through be in place anywhere from 10 to 30 Reconstruction either artificial or natural means (ref. 16 years. They would be included in the The proposed rule at section 294.33 U.S.C. 1608). The Forest Service and forest transportation system, ensuring prohibits road building in CRAs except State have considerable experience they will be monitored and maintained under certain circumstances. The dealing with road restoration activities in compliance with the terms of the circumstances in section 294.33(b) across many types of programs and applicable permit or special use allow for a road, whereas circumstances activities. For example, the State authorization. However, as with other in section 294.33(c) are specific to administers a federally-funded temporary roads, any long-term temporary roads. Whenever a forest road abandoned mine reclamation program temporary roads constructed pursuant is proposed, an EIS will be prepared in which one principal goal is to to an oil and gas lease or pursuant to a (sec. 294.33(e)). For all other identify environmental problems arising coal exploration license or a coal lease circumstances, NEPA requirements will from abandoned mines and then to shall be decommissioned and the be used to determine the level of design appropriate closure methods and affected landscape restored when the environmental analysis needed. reclamation techniques (including road is no longer needed, or upon Many exceptions in the proposed rule restoring roads) at project sites. The termination of the lease or license. The mirror the exceptions for road building State has restored over 1,500 acres of intent of this provision is to preserve the provided in the 2001 Roadless Rule, but abandoned mine lands statewide since roadless character of CRAs to the several additional circumstances 1980. maximum extent practicable. allowing road building are proposed. The proposed rule anticipates that Except for emergency purposes, The proposed rule at section lands affected will be returned to a administrative use, or motorized vehicle 294.33(b)(6) includes an additional condition consistent with the use that is specifically authorized, all circumstance that would allow for the preexisting roadless characteristics (sec. roads constructed in CRAs will be construction and maintenance of roads 294.33(c)). However, the proposed rule closed to motorized vehicles, including for existing and future utility and water recognizes that restoration efforts are to off-highway vehicles (OHVs) not conveyance structures. The Forest proceed in an environmentally sound authorized for the specific activity for

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which the road was constructed (sec. reconstruction associated with other stipulations that restrict road 294.33(d)). Any temporary roads, developing new mineral material sites construction and reconstruction on all including long-term temporary roads, in roadless areas, unless this material is existing leases, including those built in a CRA would not serve as the necessary to and accessible from roads specifically tied to the 2001 Roadless basis for altering the management status allowed to be constructed under other Rule. provisions of the rule. for that CRA. (sec. 294.33(c)). Leasable Minerals—Coal Colorado State Land Board Mineral Leasable Minerals—Oil and Gas The proposed rule at section Interests Like the 2001 Roadless Rule the 294.33(c)(4) provides for temporary or The proposed rule at section proposed rule does not prohibit oil and long-term temporary roads associated 294.33(b)(2) aligns with the Colorado gas leasing. However, prohibitions on with the exploration and mining of coal State Land Board’s current ability to road construction and reconstruction resources in roadless areas in the North develop its mineral interests that provided in the proposed rule (sec. Fork coal mining area on the Grand underlie NFS lands in CRAs. Access to 294.33), would affect Federal oil and gas Mesa, Uncompahgre, and Gunnison such mineral interests would continue leases, subject to valid and existing National Forests. This area is identified to be governed by operation of the rights. The proposed rule (sec. 294.33 on the North Fork coal mining area map standard applicable laws and (c)(3)) would require future leases within the DEIS for the proposed regulations rather than by this rule. The within CRAs include stipulations that Colorado Roadless Rule. This area Forest Service and the State are prohibit road construction. Drilling and would be included in the CRAs and will committed to exploring opportunities production may be allowed on leases in be managed in a way that permits for land exchanges whereby the State roadless areas issued after the effective temporary or long-term temporary roads could acquire other property interests of date of the rule, but new roads to access and other coal related surface activities equal value, outside of roadless areas. sites for drilling and production will not associated with coal exploration and Such exchanges would provide the be allowed. Oil and gas resources in coal mining to occur (sec. 294.33(c)(4)). Forest Service with unified roadless areas under leases issued after Such temporary or long-term temporary administration of both surface and the effective date of the final rule may roads will be closed to the public. The mineral interests in CRAs. be developed by helicopter access or by use of these roads will be restricted to other means such as directional drilling coal mine and oil and gas operations, Public and Safety from outside the roadless areas. These the Forest Service and other Federal and The USDA, Forest Service, and State provisions bar roading, but would not State agencies with jurisdictional are committed to preserving roadless restrict the construction of oil and gas authority, including emergency area characteristics while also pipelines in CRAs where the response, fire, and law enforcement protecting human health and safety. In construction of a pipeline is necessary personnel. an effort to achieve a proper balance, the to transport the product of an oil and Temporary and long-term temporary proposed rule would allow for the gas lease on lands within a CRA that are coal mine roads may be constructed for construction of a temporary road if it is under lease by the Secretary of the exploration drilling, resource needed to safeguard public health when Interior as of the effective date of the monitoring, safety, or installation and there is a catastrophic event, such as a final rule. operation of surface facilities needed to flood or fire, which would cause the The proposed rule at section operate coal mines, including methane loss of life or property (sec. 294.33(c)(3) would allow for temporary venting wells. In some instances roads 294.33(c)(2)). or long-term temporary road are necessary to comply with Mine construction or reconstruction for access Safety and Health Administration Locatable Minerals on and to Federal oil and gas leases that (MSHA) requirements for mine safety, Development of locatable minerals is were issued before the effective date of and to meet Colorado Division of subject to the General Mining Law of the final rule and that allow road Reclamation, Mining, and Safety 1872, as amended. Like the 2001 construction. Such access will be requirements for resource monitoring. Roadless Rule the proposed rule does allowed pursuant to valid existing rights For example, roads may be constructed not seek to impose any limits on but restricted to lessees, operators, and to facilitate the venting of coal mine activities related to the exploration for their designated contractors; Forest methane gas. Methane is a by-product of or development of locatable minerals. Service and Bureau of Land coal mining in the North Fork area and The proposed rule at section Management (BLM) personnel and other must be removed from the mines to 294.33(b)(2) allows for roads provided federal and state agencies with protect miner health and safety. for by statute or treaty, which includes jurisdictional authority over mineral The proposed rule also provides the roads provided under the General development activity allowed under the opportunity for an oil and gas lessee to Mining Law of 1872, as amended. The proposed rule; and fire, emergency, or use roads for the purpose of collecting proposed rule does not affect or seek law enforcement personnel. and transporting coal mine methane any withdrawal of the mineral estate in The proposed rule does not allow the rather than venting the methane into the CRAs. Therefore, the proposed rule will Forest Service to authorize the BLM to atmosphere. These activities will remain not affect rights of reasonable access to grant a waiver (permanent removal), within the authorized right of way for prospect and explore lands open to exception (case-by-case exemption), the long-term temporary roads; no mineral entry and location, or to modification (permanent changes), or additional roads or pipelines outside the develop any minerals discovered. otherwise remove stipulations right-of-way will be constructed. Any prohibiting surface occupancy or road roads constructed pursuant to a coal Saleable Minerals construction or reconstruction on lease or exploration license and used for Disposal of saleable minerals (mineral existing leases or on any future lease in collection and transportation of coal materials) is at the discretion of the any CRAs where these stipulations mine methane under an oil and gas Forest Service, subject to the provisions occur, It is the intent of the proposed lease shall be decommissioned and the of 36 CFR 228 subpart C. The proposed rule to maintain all no surface affected landscape restored when the rule prohibits road construction or occupancy, controlled surface use and road is no longer needed for coal mining

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purposes or coal mine methane proposed rule would not restrict the proposed Colorado Roadless Rule collection, whichever is later. construction of oil and gas pipelines in (proposed rule), 2001 Roadless Rule CRAs where the construction of a (2001 rule) and land management plans Leasable Resources—Geothermal Energy pipeline is necessary to transport the (LMPs) are analyzed over a 15 year time Colorado has high geothermal energy product of an oil and gas lease on lands period. As of the printing of this potential on NFS lands both inside and within a CRA that are under lease by the proposed rule, the 2001 rule is in outside roadless areas. However, site- Secretary of the Interior as of the operation. For the purpose of regulatory specific information on this resource in effective date of the final rule. impact analysis, the 2001 rule CRAs is limited. At this time, the represents baseline conditions or goods proposed Colorado Roadless Rule does Access and services provided by NFS lands in not include a specific exemption for The Forest Service and State are the near future in the absence of the geothermal energy resources. The committed to conserving roadless area proposed rule. proposed rule makes no special characteristics while also providing The proposed rule is programmatic in provision for road construction and reasonable access to public and private nature and intended to guide future reconstruction associated with property and facilities. Several aspects development of proposed actions within geothermal energy sources. Once of the proposed rule address the need roadless areas. The proposed rule is additional information becomes for the State and/or private parties to intended to provide greater management available, the State or other parties access property and/or facilities (sec. flexibility under certain circumstances could choose to seek a change in the 294.33(b)(2) and (6); (sec. 294.33(c)(3) to address unique and local land rule’s restrictions. and (4); sec. 294.36(g)). management challenges, while continuing to conserve roadless values Road Closures Regulatory Certifications and characteristics. Increased The proposed rule does not provide Regulatory Planning and Review management flexibility is primarily direction about where and when OHV needed to reduce hazardous fuels and This proposed rule was reviewed use would be permissible except roads large-scale insect and disease outbreaks, constructed under this provision would under USDA procedures, Executive allow access to coal reserves in the be closed to OHVs pursuant to section Order 12866 issued September 30, 1993 North Fork coal mining areas and ski 294.33(d). Travel planning-related (E.O. 12866), as amended by E.O. 13258 area development, and to allow access actions will continue to be addressed and E.O. 13422 on Regulatory Planning to future utility and water conveyances, through travel management and and Review, and the major rule while continuing to conserve roadless individual forest plans. provisions of the Small Business area values and characteristics. Regulatory Enforcement and Fairness This proposal does not authorize the Tree Cutting, Sale, or Removal—Forest Act (5 U.S.C. 800). These executive implementation of any ground- Health orders address regulatory planning and disturbing activities, but rather it In order to reduce the hazard of review and require that agencies describes circumstances under which wildfire near communities and after conduct a regulatory analysis for certain activities may be allowed or careful consideration of roadless area economically significant regulatory restricted within roadless areas. Before characteristics, the proposed rule at actions. Economically significant authorizing land use activities in sections 294.34(b)(1)(ii) and 294.33 regulatory actions are those that have an roadless areas, the Forest Service must (c)(1) allows for forest health treatments annual effect on the economy of $100 complete a more detailed and site- and temporary road construction to million or more or adversely affect the specific environmental analysis meet needs described in Community economy or economic sectors. Because pursuant to the NEPA and its Wildfire Protection Plans (CWPPs) or, if this rule is projected to have an annual implementing regulations at 40 CFR a CWPP is not in place, within the effect on the economy of approximately 1500–1508. Wildland Urban Interface (WUI). CWPPs $500 million, this proposed rule has Because the proposed rule does not are collaborative agreements in which been designated as significant and is prescribe site-specific activities, it is local communities identify and subject to Office of Management and difficult to predict the benefits and costs prioritize areas for hazardous fuel Budget (OMB) review under E.O. 12866. or other changes of the different reduction treatments. The Forest Service This proposed rule is not expected to alternatives. In addition, the types of and the State believe that allowing interfere with an action taken or benefits derived from roadless forest health treatments for projects planned by another agency nor raise characteristics and the uses of roadless identified in CWPPs or within WUIs new legal or policy issues. This action areas are far ranging and include a strike the proper balance of protecting will not alter the budgetary impact of number of non-market and non-use roadless area characteristics while entitlements, grants, user fees, or loan benefit categories that are difficult to allowing forest health and community programs or the rights and obligations of measure in monetary terms. As a protection needs to be addressed. recipients of such programs. consequence, benefits are not A regulatory impact analysis has been monetized, nor are net present values or Oil and Gas Pipelines prepared for this proposed rule. OMB benefit cost ratios estimated. Instead, After the petition was submitted the Circulars as well as guidance regarding increases and/or losses in benefits are State requested that the proposed rule E.O. 12866 indicate that regulatory discussed separately for each resource (sec. 294.35) restrict the construction of impact analysis should include benefit area in a quantitative or qualitative oil and gas pipelines through CRAs cost analysis and an assessment of manner. Benefits and costs are where a source or sources of the oil and/ distributional effects. We are seeking organized and discussed in the context or gas are exclusively outside CRAs. The comments on assumptions, methods, of local land management challenges or proposed rule would not prohibit the and conclusions in the Regulatory concerns (‘local challenges’) and construction of pipelines that were Impact Analysis and Cost-Benefit ‘roadless characteristics’ in an effort to authorized by the Forest Service or Analysis. The benefits, costs, and remain consistent with the overall another jurisdictional agency prior to distributional effects of three purpose of the proposed rule, the effective date of the final rule. The alternatives referred to as follows: the recognizing that benefits associated

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with local challenges may trigger or counties where changes in mineral Impact Statement (DEIS). Effects on overlap with benefits associated with activity are expected to be physically opportunities for small entities under roadless characteristics in some cases located (Delta, Garfield, Gunnison, the proposed rule are discussed in the (e.g., forest health). Access and Mesa, Montrose, and Pitkin). The context of Executive Order 13272 designations for motorized versus non- distributional effects associated with regarding proper consideration of small motorized recreation is a topic raised in protecting values at risk from wildfire entities and the Small Business comments during scoping, however, the are characterized by estimating the Regulatory Enforcement Fairness Act of proposed rule does not provide number of communities-at-risk 1996 (SBREFA), which amended the direction on where and when off- expecting to benefit from fuel treatments Regulatory Flexibility Act (5 U.S.C. 601 highway vehicle (OHV) use would be in roadless areas. Distributional effects et seq.). The results of the regulatory permissible and makes clear that travel or economic impacts are not evaluated impact analysis for the proposed rule planning-related actions should be for other economic sectors (e.g., timber are summarized in the following tables. addressed through travel management harvest, recreation) due to evidence planning and individual land presented in respective resource Table 1 provides information related to management plans. sections suggesting that the extent or roadless area acreage, road miles and Distributional effects or economic magnitude of changes in output or tree-cutting. Table 2 summarizes the impacts, in terms of jobs and labor services are not sufficient to cause potential benefits and costs of the income, are quantified for the oil and significant changes in distributional proposed rule, the 2001 roadless rule, gas and the coal sectors for an economic effects. and land management plans area consisting of five Colorado counties Details about the environmental alternatives. Table 3 summarizes (Delta, Garfield, Mesa, Montrose, and effects of the proposed rule can be distributional effects and economic Rio Blanco) using a regional impact found in the Roadless Area impacts of the proposed rule and model. Fiscal impacts (i.e., mineral Conservation; National Forest System alternatives. lease payments) are estimated for Lands in Colorado Draft Environmental BILLING CODE 3410–11–P

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BILLING CODE 3410–11–C

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Proper Consideration of Small Entities National Forest units are all greater magnitude of the difference between the This proposed rule has also been under the proposed rule and land two alternatives does not suggest that considered in light of Executive Order management plans relative to the no- adverse impacts will be significant if 13272 regarding proper consideration of action alternative (2001 rule). As such choosing between the proposed rule and small entities and the Small Business there is little or no potential for adverse land management plans. These results Regulatory Enforcement Fairness Act of impacts to small entity opportunities, indicate that there is no potential for 1996 (SBREFA), which amended the relative to no-action, in aggregate or in adverse impacts to small entities Regulatory Flexibility Act (5 U.S.C. 601 the context of individual forest unit associated with energy resource et seq.). The Forest Service with the areas. Volumes are projected to be development and extraction under the assistance of the State of Colorado has 17,700 hundred cubic feet (ccf) less proposed rule relative to the 2001 rule, and that potential adverse impact under determined that this action will not under the proposed rule, relative to the the proposed rule relative to land have a significant economic impact on land management plans, and approximately 70% of the decrease is management plans are not significant. a substantial number of small entities as For all other economic sectors defined by the E.O. 13272 and SBREFA, due to volume changes on the Pike San Isabel National Forest (decrease of considered, changes in resource outputs because the proposed rule does not are not projected to be significant to the subject small entities to regulatory 12,720 ccf). All seven National Forest units have been in compliance with extent that adverse impacts to small requirements. Therefore, an initial entities could occur in aggregate or regulatory flexibility analysis is not small business set aside shares for the period 1/1/2000 to 9/30/2005. The within regions. required for this proposed rule. Among 64 counties in the state of For small businesses affiliated with proposed rule, relative to the land management plans alternative, may Colorado, 36 counties (56%) are most industry sectors involved with considered to be small governments activities in roadless areas (e.g., coal, oil decrease small entity opportunities for wood products businesses associated (population less than 50,000). These 36 and gas), potential opportunities counties are considered to be small rural increase due to easing of restrictions on with the Pike San Isabel National Forest, recognizing that small business shares counties having NFS lands within IRAs/ road construction and tree-cutting in CRAs. Six counties are energy (coal, oil certain circumstanced under the are already being met and that aggregate volumes sold from NFS lands may not and gas) producing counties. These six proposed rule. As a result, there is little counties (Delta, Garfield, Gunnison, or no potential for significant adverse change significantly under any alternative due to flat budget Mesa, Montrose, and Pitkin) are economic impacts to small businesses expected to be the counties most likely under the proposed rule relative to no- assumptions. Flat budgets imply that the percentage of harvest from roadless to benefit from mineral lease payments action conditions (i.e., 2001 rule). and revenue sharing under the proposed areas may change under the alternatives, There are about 1,390 recreation rule and land management plans. All of but aggregate volumes across all NFS special use permits currently authorized these counties, with the exception of land are expected to remain relatively within NFS lands in Colorado of which Mesa can be considered small unchanged, on average, implying little a large majority are small businesses, governments (population less than potential for adverse impacts to small and 1,066 (77%) are associated with 50,000), and all are forecast to receive entities. outfitter and guide permits, some of significant increases in property tax which are likely to operate within For leasable minerals associated receipts from coal, and oil and gas roadless areas. However, there is little energy resources (coal, oil and gas), production, as well as state distributions difference between alternatives with significant changes in output are of severance taxes and federal royalties respect to recreation special use projected across alternatives. More than under the proposed rule and land authorizations in roadless areas, because 95 percent of the firms associated with management plans relative to the no- limitations on roading and tree-cutting these sectors can be classified as small action alternative. There are slight under any alternative would not be as defined by Small Business increases in payments under land likely to affect ability to obtain or use Administration standards. Any changes management plans, relative to the a recreation use authorizations. in oil and gas, or coal development or proposed rule (aggregate payments Exceptions might be special-use permit production can therefore have an effect increase from $6.8 million to $7.7 holders who rely on primitive or semi- on small business opportunities in these million per year). Payments associated primitive recreational settings to sectors. A five-county region has been with the Secure Rural Schools and Self maintain the quality of the outdoor or defined to model the economic impacts Determination Act (SRSA) and remote experience. Increases in road associated with energy resources (Delta, Payments in Lieu of Taxes (PILT) are construction and tree-cutting may have Garfield, Mesa, Montrose, and Rio not expected to change significantly, or adverse impacts on permit holders in Blanco counties). A total of 355 firms any decreases would be largely offset by specific areas under the proposed rule, associated with oil and gas, and coal increases in federal mineral lease but impacts are not expected to be development and extraction are payments. significant due to the small percentage estimated to be located within this The number of at-risk-communities (0.2%) of acreage affected (7,600 acres of region, of which 95% are likely to be that may potentially benefit from fuel tree-cutting per year) and roads small (337 firms). However, energy treatments in the wildland urban constructed (21 miles per year) spread resource sector jobs, supported annually interface (WUI) areas are projected to across 4 million acres of Colorado by projected activity within roadless increase under the proposed rule and Roadless Areas. It is also noted that a areas, are estimated to increase from 297 land management plans relative to the significant percentage of roads and tree- under no-action (2001 rule) to 1,481 jobs 2001 rule (no-action alternative). The cutting activity will occur within or under the proposed rule. Labor income likelihood of tree-cutting or fuel near the wildland urban interface areas increases by a similar degree from $17.5 treatments and corresponding reduction where primitive or semi-primitive million to $96.2 million per year. There in wildfire hazard is projected to settings may already be affected. is a slight increase in job numbers under increase for a total of 90 at-risk- Projected harvest volumes from land management plans (1,592 jobs), communities in 16 counties with small roadless areas from the seven affected relative to the proposed rule, but the populations (<50,000) under the

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proposed rule, relative to no-action. during the comment period. A Notice of promulgation of the 2001 Roadless Rule, Similarly, the likelihood of reduced Availability of the risk assessment will Forest Service line officers in the field wildfire hazard is projected to increase be published in the Federal Register were asked to make contact with Tribes for 150 at-risk-communities in 18 small and it will be available at the Forest to ensure awareness of the initiative and counties under land management plans, Service Internet roadless Web site of the rulemaking process. Outreach to compared to no-action. No counties are (http://www.roadless.fs.fed.us). Tribes was conducted at the national projected to experience a decrease in the forest and grassland level, which is how Federalism likelihood of road construction or tree- Forest Service government-to- cutting in the WUI under the proposed The Department has considered this government dialog with Tribes is rule or land management plans, proposed rule under the requirements of typically conducted. Tribal compared to the no action alternative. A Executive Order 13132 issued August 4, representatives remained engaged total of 10 counties may experience a 1999 (E.O. 13132), Federalism. The concerning these issues during the decrease in the likelihood of tree-cutting Department has made an assessment subsequent litigation and rulemaking or road construction in the WUI under that the proposed rule conforms with efforts. the proposed rule, relative to land the Federalism principles set out in E.O. The State’s petition identifies that a management plans. These results 13132; would not impose any vital part of its public process in indicate that adverse impacts to small compliance costs on the states; and developing its petition were the governments, in association with would not have substantial direct effects recommendations and comments protection of values at risk from on the states, on the relationship received from Native American Tribes. wildfire, are not likely, when comparing between the national government and The Governor’s office was keenly aware the action alternatives with no-action. the states, nor on the distribution of of the spiritual and cultural significance Therefore, for small governments, power and responsibilities among the some of these areas hold for the Tribes. including counties with small various levels of government. Therefore, There are two resident tribes in populations and at-risk-communities the Department concludes that this Colorado, both retaining some of their from wildfire within those counties, proposed rule does not have Federalism traditional land base as reservations via opportunities for revenue sharing, as implications. This proposed rule is a series of treaties, agreements, and well as protection of values-at-risk are based on a petition submitted by the laws. The Ute Mountain Ute and expected to be maintained or increase State of Colorado under the Southern Ute Tribes (consisting for all counties under the proposed rule Administrative Procedure Act at 5 originally of the Weeminuche, Capote, and land management plans compared U.S.C. 553(e) and pursuant to Tabeguache, and Mouaches Bands)— to no-action conditions under the 2001 Department of Agriculture regulations at each a ‘‘domestic sovereign’’ nation— rule. 7 CFR 1.28. The State’s petition was have reserved some specific off- Mitigation measures for small entity developed through a task force with reservation hunting rights in Colorado impacts associated with the proposed involvement of local governments. The and retain inherent aboriginal rights rule are not relevant in many cases, State has been a cooperating agency for throughout their traditional territory. because the proposed rule eases the development of this proposed rule. Many other tribes located outside restrictions on a number of activities in State and local governments are Colorado maintain tribal interests, many areas, implying increases in encouraged to comment on this including aboriginal and ceded potential opportunities for small proposed rule, in the course of this territories, and retain inherent entities, as noted above. Mitigation rulemaking process. aboriginal rights within the state. measures associated with existing The Forest Service has been Consultation With Indian Tribal consulting with Colorado-affiliated programs and laws regarding revenue Governments sharing with counties and small tribes regarding this proposed business shares or set-asides will The United States has a unique rulemaking action and analysis process continue to apply. relationship with Indian Tribes as (see chapter 1). Tribal concerns surfaced provided in the Constitution of the during phone or e-mail consultations. Controlling Paperwork Burdens on the United States, treaties, and federal Those concerns related to: maintaining Public statutes. These relationships extend to existing tribal hunting and access rights This proposed rule does not call for the Federal government’s management within roadless areas, limiting public any additional record keeping or of public lands and the Forest Service use of temporary roads, and reporting requirements or other strives to assure that its consultation decommissioning temporary roads after information collection requirements as with Native American Tribes is they are no longer needed. Those land defined in 5 CFR part 1320 that are not meaningful, in good faith, and entered uses and management activities would already required by law or not already into on a government-to-government not be affected by the proposed approved for use and, therefore, basis. Colorado Roadless Rule; therefore, those imposes no additional paperwork On September 23, 2004, President concerns are briefly discussed but not burden on the public. Accordingly, the George W. Bush issued Executive analyzed in detail in this EIS. review provisions of the Paperwork Memorandum Government-to- Consultation with interested or affected Reduction Act of 1995 (44 U.S.C. 3501 Government Relationship with Tribal tribes will continue throughout the et. seq.) and its implementing Governments recommitting the Federal analysis and decisionmaking process. regulations at 5 CFR part 1320 do not government to work with federally Pursuant to Executive Order 13175 of apply. recognized Native American Tribal November 6, 2000, ‘‘Consultation and governments on a government-to- Coordination with Indian Tribal Regulatory Risk Assessment government basis and strongly Governments,’’ the Department has This is a proposed major regulation as supporting and respecting Tribal assessed the impact of this proposed defined in 7 U.S.C. Section 2204e and sovereignty and self-determination. rule on Indian Tribal governments and a regulatory risk assessment is being Management of roadless areas has has determined that the proposed rule prepared. The regulatory risk been a topic of interest and importance does not significantly or uniquely affect assessment will be made available to Tribal governments. During Indian Tribal government communities.

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The proposed rule would establish not constitute a significant energy action of the proposed corridors designated for direction governing the management as defined in the executive order. oil, gas, and/or electricity under Section and protection of Colorado Roadless Based on guidance for implanting EO 368 of the Energy Policy Act of 2005 are Areas, however, the proposed rule 13211 (Actions concerning regulations within Colorado Roadless Areas. respects prior existing rights, and it that significantly affect energy supply, The proposed rule does not disturb addresses discretionary Forest Service distribution and use) issued by Office of existing access or mineral rights and management decisions involving road Management and Budget (Memorandum restrictions on saleable mineral construction, timber harvest, and some for Heads of Executive Departments and materials are narrow. The proposed rule mineral activities. The Department has Agencies, and Independent Regulatory also provides regulatory mechanism for also determined that this proposed rule Agencies (M–01–27), July 13, 2001), this consideration of requests for does not impose substantial direct proposed rule would not create modification of restrictions if compliance costs on Indian Tribal significant adverse effects in a material adjustments are determined to be governments. This proposed rule does way the productivity, competition, or necessary in the future. Therefore, this not mandate Tribal participation in prices in the energy sector for the action is not a significant energy action roadless management of the planning of reasons discussed below. and no Statement of Energy Effects is activities in Colorado Roadless Areas. The difference in potential natural gas required. production between the proposed rule Rather, the Forest Service officials are List of Subjects in 36 CFR Part 294 obligated by other agency policies to and the 2001 Rule (i.e., conditions consult early with Tribal governments under the no action alternative) is National Forests, Recreation areas, and to work cooperatively with them positive, as is the difference between Navigation (air), State petitions for where planning issues affect Tribal land management plans and the no inventoried roadless area management. interests. action alternative. The only potential Therefore, for the reasons set forth in adverse impact would be a comparison the preamble, the Forest Service No Takings Implications of potential gas production under the proposes to amend part 294 of Title 36 This proposed rule has been analyzed proposed rule and the land management of the Code of Federal Regulations by in accordance with the principles and plans alternative; the estimated adding new subpart D to read as criteria contained in Executive Order difference in potential gas production in follows: 12630 issued March 15, 1988. It has this case is only 3.6 million mcf and is been determined that the proposed rule below the criteria of 25 million mcf PART 294—SPECIAL AREAS under EO 13211. The difference in oil does not pose the risk of a taking of * * * * * private property. production is approximately 350 barrels, well below the criteria of 4,000 Subpart D—Colorado Roadless Areas Civil Justice Reform barrels. Management This proposed rule has been reviewed Potential coal production is estimated Sec. under Executive Order 12988, Civil to increase by 4 million tons under the 294.30 Purpose. Justice Reform. After adoption of this proposed rule as well as the third 294.31 Definitions. proposed rule, (1) all State and local alternative considered (management of 294.32 Colorado Roadless Areas. laws and regulations that conflict with inventoried roadless areas under Land 294.33 Road construction and this proposed rule or that would impede management plans) compared to reconstruction in Colorado Roadless Areas. full implementation of this proposed conditions under the no action alternative (continuance of 2001 294.34 Prohibition on timber cutting, sale, rule will be preempted; (2) no or removal in Colorado Roadless Areas. retroactive effect would be given to this Roadless Rule). No adverse outcomes 294.35 Oil and gas pipelines. proposed rule; and (3) this proposed are anticipated in association with 294.36 Scope and applicability. rule would not require the use of energy supply, distribution or use 294.37 Administrative corrections. administrative proceedings before related to coal production. 294.38 List of designated Colorado Roadless parties could file suit in court The proposed rule is expected to Areas. challenging its provisions. result in an increase in potential opportunities for gas production, Subpart D—Colorado Roadless Areas Unfunded Mandates relative to conditions under the no Management Pursuant to Title II of the Unfunded action alternative (i.e., the 2001 Mandates Reform Act of 1995 (2 U.S.C. Roadless Rule). When comparing the Authority: 16 U.S.C. 472, 529, 551, 1608, 1531–1538), the Department has proposed rule to the third alternative 1613; 23 U.S.C. 201, 205. assessed the effects of this proposed rule considered (i.e., management of § 294.30 Purpose. on State, local, and Tribal governments inventoried roadless areas in accordance The purpose of this subpart is to and the private sector. This proposed with relevant Land management plans), provide, within the context of multiple- rule does not compel the expenditure of there is slight potential for a decrease in use management, lasting protection for $100 million or more by State, local, or opportunities for gas production. roadless areas within the National Tribal governments or anyone in the However, this decrease (3.6 million mcf) Forests in Colorado. private sector. Therefore, a statement is estimated to be only 0.3% of total gas under section 202 of the Act is not production from Colorado wells in 2006 § 294.31 Definitions. required. (1.21 billion mcf) and is not anticipated The following terms and definitions to affect regional (or national) apply to this subpart. Energy Effects productivity, competition, or prices. At-Risk Community: As defined under This proposed rule has been reviewed No novel legal or policy issues section 101 of the Healthy Forest under Executive Order 13211 of May 18, regarding adverse effects to supply, Restoration Act (Pub. L. 108–148). 2001, Actions Concerning Regulations distribution or use of energy are Colorado Roadless Area (CRA): Areas That Significantly Affect Energy Supply, anticipated beyond what has already identified in a set of roadless area maps Distribution, or Use. It has been been addressed in the draft EIS, or the maintained at the national headquarters determined that this proposed rule does Regulatory Impact Analysis (RIA). None office of the Forest Service, including

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records regarding any corrections or in a forest transportation atlas, and is (8) Traditional cultural properties and modifications to such maps pursuant to expected to be in place during the lease sacred sites; and § 294.37. period. When no longer needed for the (9) Other locally identified unique Community Wildfire Protection Plan established purpose or upon characteristics. (CWPP): As defined under section 101 termination or expiration of the Temporary road: A road necessary for of the Healthy Forest Restoration Act contract, permit, lease or written emergency operations or authorized by (Pub. L. 108–148), the term ‘‘community authorization, whichever is sooner, the contract, permit, lease, or other written wildfire protection plan’’ means a plan road shall be decommissioned and the authorization that is not a forest road for an at-risk community that: affected landscape restored. and that is not included in a forest (1) Is developed within the context of National Forest System road: As transportation atlas (ref 36 CFR 212.1), the collaborative agreements and the defined at 36 CFR 212.1, a forest road and is not necessary for long-term guidance established by the Wildland other than a road which has been management. When a temporary road is Fire Leadership Council and agreed to authorized by a legally documented no longer needed for the established by the applicable local government, right-of-way held by a State, county, or purpose or upon termination or local fire department, and State agency other local public road authority. expiration of the lease, contract, or responsible for forest management, in Off-Highway Vehicles (OHV): As permit, whichever is sooner, it shall be consultation with interested parties and defined at 36 CFR 212.1, any motor decommissioned and the affected the Federal land management agencies vehicle designed for or capable of cross- landscape restored. managing land in the vicinity of the at- country travel on or immediately over Utility and water conveyance risk community; land, water, sand, snow, ice, marsh, structures: Facilities associated with the (2) Identifies and prioritizes areas for swampland, or other natural terrain. transmission and distribution of utilities hazardous fuel reduction treatments and Responsible official: The Forest and water across National Forest System recommends the types and methods of Service line officer with the authority lands. For purposes of this rule, utilities treatment on Federal and non-Federal and responsibility to make decisions are existing and future transmission land that will protect one or more at-risk regarding protection and management of lines used for electrical power and communities and essential CRAs pursuant to this subpart. water conveyance structures are existing infrastructure; and Road: As defined at 36 CFR 212.1, a and future diversion structures, (3) Recommends measures to reduce motor vehicle route over 50 inches headgates, pipelines, ditches, canals, structural ignitability throughout the at- wide, unless identified and managed as and tunnels (but shall not include risk community. a trail. reservoirs). Condition Class 3: As defined under Road construction or reconstruction: Wildland-Urban Interface: As defined section 101 of the Healthy Forests As defined at 36 CFR 212.1, supervising, under section 101 of the Healthy Forest Restoration Act (Pub. L. 108–148) the inspecting, actual building, and Restoration Act (Pub. L.108–148), the term ‘‘condition class 3’’ means an area incurrence of all costs incidental to the term ‘‘wildland-urban interface’’ of Federal land, under which: construction or reconstruction of a road. means— (1) Fire regimes on land have been Road maintenance: As defined in (1) An area within or adjacent to an significantly altered from historical FSM 7705, the ongoing upkeep of a road at-risk community that is identified in ranges; necessary to retain or restore the road to recommendations to the Secretary in a (2) There exists a high risk of losing the approved road management community wildfire protection plan; or key ecosystem components from fire; objective. (2) In the case of any area for which (3) Fire frequencies have departed a community wildfire protection plan is from historical frequencies by multiple Roadless area characteristics: Resources or features that are often not in effect: return intervals, resulting in dramatic (i) An area extending 1⁄2-mile from the present in and characterize CRAs. The changes to: boundary of an at-risk community; enumeration of these resources and (i) The size, frequency, intensity, or (ii) An area within 11⁄2-miles of the features does not constitute in any way severity of fires; or boundary of an at-risk community, the establishment of any legal standard, (ii) Landscape patterns; and including any land that: (iii) Vegetation attributes have been requirement, or cause for any (A) Has a sustained steep slope that significantly altered from the historical administrative appeal or legal action creates the potential for wildfire range of the attributes. related to any project or activity behavior endangering the at-risk Forest transportation atlas: As otherwise authorized by this rule. These community; defined at 36 CFR 212.1, a display of the characteristics include: (B) Has a geographic feature that aids system of roads, trails, and airfields of (1) High quality or undisturbed soil, in creating an effective fire break, such an administrative unit. water, and air; as a road or ridge top; or Forest road: As defined at 36 CFR (2) Sources of public drinking water; (C) Is in condition class 3, as 212.1, a road wholly or partly within or (3) Diversity of plant and animal documented by the Secretary in the adjacent to and serving the National communities; project-specific environmental analysis; Forest System that the Forest Service (4) Habitat for threatened, and determines is necessary for the endangered, proposed, candidate, and (iii) An area that is adjacent to an protection, administration, and sensitive species, and for those species evacuation route for an at-risk utilization of the National Forest System dependent on large, undisturbed areas community that the Secretary and the use and development of its of land; determines, in cooperation with the at- resources. (5) Primitive, semi-primitive non- risk community, requires hazardous fuel Long-term temporary road: A road motorized, and semi-primitive reduction to provide safer evacuation necessary for oil and gas, or coal motorized classes of dispersed from the at-risk community. operations in CRAs and authorized by recreation; contract, permit, lease, or other written (6) Reference landscapes; § 294.32 Colorado Roadless Areas. authorization. A long-term temporary (7) Natural-appearing landscapes with (a) Designations. All National Forest road is not a forest road, but is included high scenic quality; System lands within the State of

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Colorado identified in § 294.38 are reconstructed in a CRA as set forth in (6) A temporary or long-term hereby designated as Colorado Roadless subparagraphs 1 through 4. temporary road is needed for coal Areas (CRAs). (2) For all temporary roads authorized exploration and coal-related surface (b) Maps. The Chief of the Forest under this rule, the responsible official activities for certain lands within CRAs Service shall maintain and make may only consider construction of a in the North Fork coal mining area of available to the public a map of each temporary road after reviewing and the Grand Mesa, Uncompahgre, and CRA, including records regarding any rejecting other access options, resource Gunnison National Forests as defined by corrections or modifications to such and community protection needs, and the North Fork coal mining area map maps pursuant to § 294.37. consistency with applicable forest within the Colorado Roadless Area plans. If it is determined that a Conservation Rule environmental § 294.33 Road construction and impact statement. Such roads may also reconstruction in Colorado Roadless Areas. temporary road is needed, construction must be conducted in a manner that be used for the purpose of collecting (a) General. A road may not be minimizes effects on surface resources, and transporting coal mine methane. All constructed or reconstructed in a CRA prevents unnecessary or unreasonable infrastructure needed for the capture of except as provided in paragraphs (b) surface disturbances, and complies with methane will be located within the road and (c) of this section. all applicable land management plan right-of-way of coal-related temporary (b) Roads. Notwithstanding the directions, regulations, and laws. When and/or long-term temporary roads or prohibition in paragraph (a) of this a temporary road is no longer needed within areas of surface disturbance for section, a road may be constructed or (for the established purpose) or upon methane venting wells otherwise reconstructed in a CRA if the termination or expiration of a contract, needed for coal mining purposes. No responsible official determines that one authorization, or permit, whichever is additional roads shall be constructed to of the following circumstances exists: sooner, all temporary roads shall be facilitate capture of coal mine methane. (1) A road is needed to conduct a decommissioned and the affected When a road is no longer needed for response action under the landscape restored. Restoration shall be coal mining purposes or coal mine Comprehensive Environmental designed considering safety, costs, and methane capture, the road shall be Response, Compensation, and Liability impacts on land and resources (16 decommissioned and the affected Act (CERCLA), Section 311 of the Clean U.S.C. 1608) to achieve complete landscape restored. Water Act, or the Oil Pollution Act; (d) Road Closures. All roads (2) A road is needed pursuant to stabilization and restoration to a condition generally consistent with the constructed pursuant to paragraphs (b) reserved or outstanding rights, and (c) shall be closed to motorized authorizations, or as provided for by pre-existing roadless characteristics. Except as allowed under this rule in vehicles (including OHVs) unless statute or treaty; specifically used for the purpose for (3) Road realignment is needed to § 294.33(b), a temporary road shall not change designation to a forest road, nor which the road was established; except prevent irreparable resource damage the use of motor vehicles for that arises from the design, location, will the construction of a temporary road, including long-term temporary administrative use by the Forest Service; use, or deterioration of a forest road and emergency access for fire and law that cannot be mitigated by road road alter the management status of any designated CRA. A temporary road enforcement purposes; motor vehicle maintenance; use that is specifically authorized under (4) Road reconstruction is needed to constructed for oil and gas, or coal related activities may include as part of a written authorization issued under implement a road safety improvement Federal law or regulations; or motor project on a forest road determined to be its established purpose, the potential need to be used as a long-term vehicle use by any fire, emergency, or hazardous on the basis of accident law enforcement personnel. experience or accident potential on that temporary road. (3) A temporary road is needed for (e) Environmental Documentation. An road; EIS will be prepared pursuant to section (5) The Secretary of Agriculture treatment actions and in areas identified in a community wildfire protection plan 102 of the National Environmental determines that a Federal Aid Highway Policy Act and 40 CFR 1500 for any project, authorized pursuant to Title 23 or, if a community wildfire protection plan is not present, within areas of the proposed action or alternative that of the United States Code, is in the includes constructing a forest road public interest or is consistent with the wildland-urban interface; or (4) A temporary road is needed for within a CRA. A no-road and a purposes for which the land was temporary road alternative shall be reserved or acquired and no other public health and safety in cases of threat of flood, fire, or other potential considered in the EIS. For projects reasonable and prudent alternative proposing temporary roads within a exists; catastrophic event that, without intervention, would cause the loss of CRA, an environmental analysis will be (6) Consistent with applicable land documented pursuant to the Council on management plan, a road is needed to life or property; or (5) A temporary or long-term Environmental Quality regulations at 40 allow for construction, reconstruction, CFR 1500–1508 and will include a no- or maintenance of existing or future temporary road is needed in conjunction with an oil and gas lease, road option. authorized utility and water conveyance (f) Road Maintenance. Maintenance of including the construction of structures as defined by this rule in forest roads and NFS roads is infrastructure necessary to transport the section § 294.31. permissible in CRAs. (7) Consistent with applicable land product, on lands that are under lease management plan and allotment by the Secretary of the Interior as of the § 294.34 Prohibition on tree cutting, sale, management plans, a road is needed for effective date of this rule. The Forest or removal in Colorado Roadless Areas. the management of livestock grazing. Service shall not agree to waive, except, (a) Trees may not be cut, sold, or (c) Temporary Road (including Long- modify or otherwise remove any oil and removed in CRAs, except as provided in Term Temporary Road). gas lease stipulation that prohibits or paragraph (b) of this section. (1) Notwithstanding the prohibition in restricts road building or otherwise (b) Notwithstanding the prohibition in paragraph (a) of this section, a prohibits surface occupancy within paragraph (a) of this section, trees may temporary road may be constructed or CRAs; or be cut, sold, or removed in CRAs if the

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responsible official determines that one (c) This subpart does not compel the (a) Administrative Corrections. of the following circumstances exists amendment or revision of any land Administrative corrections to the maps and the activity is consistent with the management plan. of lands identified in § 294.32(b) applicable forest plan. (d) The prohibitions and restrictions include, but are not limited to, (1) The cutting, sale, or removal of established in this subpart are not adjustments that remedy clerical, trees is needed for one of the following subject to reconsideration, revision, or typographical, mapping errors, or purposes: rescission in subsequent project improvements in mapping technology. (i) For management and improvement decisions or land management plan The Chief of the Forest Service may of wildlife and plant species (including amendments or revisions undertaken issue administrative corrections after 30 threatened, endangered, proposed, or pursuant to 36 CFR part 219. Nothing in days public notice and opportunity to sensitive species) in coordination with this rule shall be construed as limiting comment. the Colorado Department of Natural the authority of a responsible official to (b) Modifications. The Chief may add Resources, including the Colorado establish additional restrictions to, remove from, or modify the Division of Wildlife. Such activities regarding any management activities, designations listed in § 294.38 based on should be designed to maintain or including matters covered by this rule, changed circumstances or public need. improve roadless characteristics as within CRAs through a land The Chief shall provide at least 60 days defined by this rule. management plan amendment or public notice and opportunity to (ii) To reduce the hazard of wildfire revision undertaken pursuant to 36 CFR comment for all modifications. effects or large-scale insect and disease Part 219. outbreaks, in areas covered by and as § 294.38 List of Designated Colorado (e) When the Forest Service is the lead Roadless Areas. provided in a community wildfire agency, the Forest Service will offer protection plan or, if a community cooperating agency status to the State of Arapaho-Roosevelt National Forest wildfire protection plan is not present, Colorado, pursuant to the Council on within areas of the wildland urban Environmental Quality regulations at 40 1 ...... Bard Creek interface. Consistent with the purposes CFR 1500–1508 for all proposed projects 2 ...... Byers Peak of this paragraph, the responsible and planning activities to be 3 ...... Cache La Poudre Adjacent Area official shall implement projects to implemented on lands within CRAs, 4 ...... Cherokee Park reduce the wildfire hazard to and those ski area acres identified in 5 ...... Comanche Peak Adjacent Areas 6 ...... Copper Mountain communities after careful consideration Table 50 of the Rulemaking for Colorado to roadless area characteristics as 7 ...... Crosier Mountain Roadless Areas final EIS. Where the 8 ...... Gold Run defined by this rule. Forest Service does not have the (2) The cutting, sale, or removal of 9 ...... Green Ridge—East authority to offer cooperating agency 10 .... Green Ridge—West trees is incidental to the implementation status, the Forest Service shall 11 .... Grey Rock of a management activity not otherwise coordinate with the State. 12 .... Hell Canyon prohibited by this subpart; or (f) Nothing in this rule shall be 13 .... Indian Peaks Adjacent Areas (3) The cutting, sale, or removal of construed as expressly or implicitly 14 .... James Peak trees is needed and appropriate for affecting the current or future 15 .... Kelly Creek personal or administrative use, as 16 .... Lion Gulch management of existing trails or existing 17 .... Mount Evans Adjacent Areas provided for in 36 CFR 223. roads in CRAs. Decisions concerning the (c) In authorizing the cutting, selling, 18 .... Mount Sniktau future management and/or status of or removal of trees within a CRA, the 19 .... Neota Adjacent Area existing roads or trails within CRAs 20 .... Never Summer Adjacent Area responsible official shall consider the under this rule shall be made during the 21 .... North Lone Pine need for the cutting, sale, or removal of applicable forest travel management 22 .... North St. Vrain trees along with other resource and processes. 23 .... Rawah Adjacent Area community protection needs and effects (g) Nothing in this rule shall be 24 .... Square Top Mountain to roadless characteristics. 25 .... Troublesome construed as limiting the authority of 26 .... Vasquez Adjacent Area § 294.35 Oil and Gas Pipelines. the Forest Service to issue grazing 27 .... White Pine Mountain The construction of permanent or permits on lands within a CRA. An 28 .... Williams Fork temporary pipelines for the purposes of area’s classification as a CRA shall not, transporting oil or gas through a CRA, by itself, be reason to not authorize Grand Mesa, Uncompahgre, Gunnison from a source or sources located grazing. National Forest (h) If any provision this subpart or its exclusively outside of a CRA, shall be 29 .... Agate Creek prohibited after [final rule effective application to any person or to certain 30 .... American Flag Mountain date] of the rule and shall not be circumstances is held invalid, the 31 .... Baldy excepted, allowed, or otherwise remainder of the regulations in this 32 .... Battlements authorized. subpart and their application remain in 33 .... Beaver force. 34 .... Beckwiths § 294.36 Scope and applicability. (i) After [final rule effective date] the 35 .... Calamity Basin (a) This subpart does not revoke, rule promulgated on January 12, 2001, 36 .... Cannibal Plateau suspend, or modify any permit, (66 F.R. 3244) shall have no effect 37 .... Canyon Ck/Antero contract, or other legal instrument within the State of Colorado. 38 .... Carson authorizing the occupancy and use of 39 .... Castle § 294.37 Administrative corrections. 40 .... Cataract NFS land issued prior to [final rule 41 .... Cimarron Ridge effective date]. Correction or modification of 42 .... Clear Fork (b) This subpart does not revoke, designations made pursuant to this rule 43 .... Cochetopa Creek suspend, or modify any project or may occur under the following 44 .... Cochetopa Hills activity decision made prior to [final circumstances, after coordination with 45 .... Cottonwoods rule effective date]. the State: 46 .... Crystal Peak

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47 .... Curecanti 115 .. Greenhorn Mountain: Little Saint 180 .. Kitty Creek 48 .... Currant Creek Charles Creek to Greenhorn Creek 181 .. La Garita 49 .... Deer Creek 116 .. Gunbarrel 182 .. Lake Fork 50 .... Dominguez 117 .. Hardscrabble 183 .. Lower East Bellows 51 .... Double Top 118 .. Highline 184 .. Middle Alder 52 .... East Elk 119 .. Holy Cross 185 .. Miller Creek 53 .... Electric Mountain 120 .. Jefferson 186 .. Pole Creek 54 .... Failes Creek/Soldier Creek 121 .. Kreutzer-Princeton 187 .. Pole Mountain/Finger Mesa 55 .... Flat Irons 122 .. Lost Creek East 188 .. Red Mountain 56 .... Flattops/Elk Park 123 .. Lost Creek South 189 .. Ruby Lake 57 .... Gothic 124 .. Lost Creek West 190 .. Sawlog 58 .... Granite Basin 125 .. Methodist Mountain 191 .. Sheep Mountain 59 .... Hope Lake 126 .. Mount Antero 192 .. Silver Lakes/Stunner 60 .... Horse Ranch Park 127 .. Mount Elbert 61 .... Horsefly Canyon 193 .. Snowshoe Mountain 128 .. Mount Evans 194 .. Spectacle Lake 62 .... Huntsman Ridge 129 .. Mount Massive 195 .. Spruce Hole/Sheep Creek 63 .... Italian Mountain 130 .. Pikes Peak East 196 .. Stunner Pass/Dolores Canyon 64 .... Johnson Basin 131 .. Pikes Peak West 197 .. Sulphur Tunnel 65 .... Kannah Creek 132 .. Porphyry Peak 198 .. Summit Peak/Elwood Pass 66 .... Kelso Mesa 133 .. Puma Hills 199 .. Taylor Canyon 67 .... Last Dollar/Sheep Creek 134 .. Purgatoire 68 .... Little Cimarron 135 .. Rampart East 200 .. Tewksberry 69 .... Long Canyon 136 .. Rampart West 201 .. Tobacco Lakes 70 .... Matchless Mountain 137 .. Romley 202 .. Trout Mountain/Elk Mountain 71 .... Matterhorn 138 .. Saint Charles Peak 203 .. Ute Pass 72 .... Mendicant 139 .. Sangre de Cristo: Alvarado Camp- 204 .. Wason Park 73 .... Mirror Lake ground to Music Pass 205 .. Wightman Fork/Upper Burro 74 .... Mount Lamborn 140 .. Sangre de Cristo: Blanca Peak to 206 .. Wightman Fork To Lookout 75 .... Munsey Creek/Erickson Springs Slide Mountain 207 .. Willow Mountain 76 .... Naturita Canyon 141 .. Sangre de Cristo: Lake Creek to Her- 77 .... Pilot Knob mit Creek Routt National Forest 78 .... Poverty Gulch 142 .. Sangre de Cristo: Medano Pass to 79 .... Salt Creek 208 .. Barber Basin Carbonate Mountain 80 .... Sanford Basin 209 .. Black Mountain 143 .. Sangre de Cristo: Silverheels Gulch to 81 .... Sawtooth 210 .. Bunker Basin Hunts Creek 82 .... Soap Creek 211 .. Bushy Creek 144 .. Sangre de Cristo: West Creek to Big 83 .... Steuben Cottonwood 212 .. Chatfield 84 .... Sunnyside 145 .. Scraggy Peaks 213 .. Chedsey Creek 85 .... Sunset 146 .. Sheep Rock 214 .. Dome 86 .... Texas Creek 147 .. Silverheels 215 .. Dome Peak 87 .... Tomahawk 148 .. Spanish Peaks 216 .. Elkhorn 88 .... Turner Creek 217 .. Gold Creek 89 .... Turret Ridge 149 .. Square Top Mountain 150 .. Starvation Creek 218 .. Grizzly Helena 90 .... Unaweep 219 .. Kettle Lakes 91 .... Union Park 151 .. Tanner Peak 152 .. Thirtynine Mile Mountain 220 .. Little Green Creek 92 .... Whetstone 221 .. Long Park 93 .... Whitehouse Mountain 153 .. Thunder Butte 154 .. Weston Peak 222 .. Mad Creek 94 .... Wilson 223 .. Morrison Creek 95 .... Windy Point Rio Grande National Forest 224 .. Never Summer North 225 .. Never Summer South Manti-La Sal National Forest 155 .. Alamosa River 226 .. Nipple Peak North 227 .. Nipple Peak South 96 .... Roc Creek 156 .. Antora Meadows/Bear Creek 157 .. Beartown 228 .. Pagoda Peak Pike-San Isabel National Forest 158 .. Beaver Mountain 229 .. Shield Mountain 159 .. Bennet Mountain/Blowout/Willow 230 .. South Fork 97 .... Aspen Ridge Creek/Lion Point/Greenie Mountain 231 .. Sugarloaf North 98 .... Badger Creek 160 .. Big Buck/Kitty/Ruby 232 .. Sugarloaf South 99 .... Boreas 161 .. Box/Road Canyon 233 .. Troublesome North 100 .. Buffalo Peaks East 162 .. Bristol Head 234 .. Troublesome South 101 .. Buffalo Peaks South 163 .. Butterfly 235 .. Walton Peak 102 .. Buffalo Peaks West 164 .. Chama Basin 236 .. Whalen Creek 103 .. Burning Bear 165 .. Conejos River/Lake Fork 104 .. Chipeta 166 .. Copper Mountain/Sulphur San Juan National Forest 105 .. Cuchara North 167 .. Cotton Creek 106 .. Cuchara South 168 .. Crestone 237 .. Baldy 107 .. Elk Mountain-Collegiate North 169 .. Cumbres 238 .. Blackhawk Mountain 108 .. Elk Mountain-Collegiate South 170 .. Deep Creek/Boot Mountain 239 .. East Animas 109 .. Elk Mountain-Collegiate West 171 .. Dorsey Creek 240 .. Fish Creek 110 .. Farnum 172 .. Elkhorn Peak 241 .. Florida River 111 .. Green Mountain 173 .. Four Mile Creek 242 .. Graham Park 112 .. Greenhorn Mountain: Badito Cone to 174 .. Fox Creek 243 .. HD Mountains Dry Creek 175 .. Fox Mountain 244 .. Hermosa 113 .. Greenhorn Mountain: Cisneros Creek 176 .. Gibbs Creek 245 .. Lizard Head Adjacent to Upper Turkey Creek 177 .. Gold Creek/Cascade Creek 246 .. Piedra Area Adjacent 114 .. Greenhorn Mountain: Graneros Creek 178 .. Hot Springs 247 .. Runlett Park to Section 10 179 .. Indian Ridge 248 .. Ryman

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249 .. San Miguel 282 .. Fawn Creek/Little Lost Park 318 .. Ptarmigan Hill A 250 .. South San Juan Adjacent 283 .. Freeman Creek 319 .. Ptarmigan Hill B 251 .. Storm Peak 284 .. Gallo Hill 320 .. Red Dirt A 252 .. Treasure Mountain 285 .. Game Creek 321 .. Red Dirt B 253 .. Turkey Creek 286 .. Grizzly Creek 322 .. Red Mountain 254 .. Weminuche Adjacent 287 .. Gypsum Creek 323 .. Red Table 255 .. West Needles 288 .. Hardscrabble 324 .. Reno Mountain 289 .. Hay Park 325 .. Ripple Creek Pass/Trappers Lake White River National Forest 290 .. Holy Cross City 326 .. Ryan Gulch 291 .. Homestake 327 .. Salt Creek 256 .. Adam Mountain 292 .. Hoosier Ridge 328 .. Sloan Peak 257 .. Ashcroft 293 .. Housetop Mountain 329 .. Spraddle Creek A 258 .. Assignation Ridge 294 .. Hunter 330 .. Spraddle Creek B 259 .. Baldy Mountain 295 .. Little Grand Mesa 331 .. Sweetwater A 260 .. Basalt Mountain A 296 .. Lower Piney 332 .. Sweetwater B 261 .. Basalt Mountain B 297 .. Mamm Peak 333 .. Tenderfoot Mountain 262 .. Berry Creek 298 .. Maroon East 334 .. Tenmile 263 .. Big Ridge to South Fork A 299 .. Maryland Creek 335 .. Thompson Creek 264 .. Big Ridge to South Fork B 300 .. McClure Pass 336 .. Tigiwon 265 .. Black Lake East 301 .. McFarlane 337 .. Treasure Mountain 266 .. Black Lake West 302 .. Meadow Mountain A 338 .. West Brush Creek 267 .. Blair Mountain 303 .. Meadow Mountain B 339 .. West Lake Creek 268 .. Boulder 304 .. Morapos A 340 .. Wildcat Mountain 269 .. Budges 305 .. Morapos B 341 .. Wildcat Mountain B 270 .. Buffer Mountain 306 .. Mormon Creek 342 .. Wildcat Mountain C 271 .. Burnt Mountain 307 .. No Name 343 .. Williams Fork 272 .. Chicago Ridge 308 .. North Elk 344 .. Willow 273 .. Corral Creek 309 .. North Independent A 345 .. Woods Lake 274 .. Crystal River 310 .. North Independent B 275 .. Deep Creek 311 .. North Woody 276 .. Dome Peak 312 .. Pagoda Peak Dated: July 21, 2008. 277 .. East Divide/Four Mile Park 313 .. Piney Lake Abigail R. Kimbell, 278 .. East Vail 314 .. Porcupine Peak 279 .. East Willow 315 .. Ptarmigan A Chief, U.S. Forest Service. 280 .. Elk Creek B 316 .. Ptarmigan B [FR Doc. E8–17109 Filed 7–24–08; 8:45 am] 281 .. Elliot Ridge 317 .. Ptarmigan C BILLING CODE 3410–11–P

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