Proposed Rule
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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 VerDate Aug<31>2005 20:12 Jul 24, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25JYP3.SGM 25JYP3 sroberts on PROD1PC70 with PROPOSALS 43544 Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Proposed Rules 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 VerDate Aug<31>2005 17:23 Jul 24, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP3.SGM 25JYP3 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Proposed Rules 43545 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 ..................