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Roadless Area Conservation; National Forest System Lands in Colorado

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[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Notices]
[Page 72982-72985]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de07-32]

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DEPARTMENT OF AGRICULTURE
Forest Service

Roadless Area Conservation; National Forest System Lands in Colorado

AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service, U.S. Department of Agriculture, is
initiating a public rulemaking process to address the management of
roadless areas on National Forest System lands within the State of
Colorado. This rulemaking is the result of a petition submitted by
Governor Bill Ritter on behalf of the State of Colorado pursuant to 7
CFR 1.28, reviewed and recommended by the Department's Roadless Area
Conservation National Advisory Committee, and accepted by the
Secretary. The State requests specific regulatory protections with
certain management flexibility for the approximately four million acres
of affected lands. The Forest Service will prepare an environmental
impact statement to analyze and disclose potential environmental
consequences associated with this rulemaking.

DATES: Comments concerning the scope of the analysis must be received
by February 25, 2008.

ADDRESSES: Comments may be sent via e-mail to 
COcomments@fsroadless.org. Written comments concerning this notice
should be addressed to Roadless Area Conservation-Colorado, P.O. Box
162909, Sacramento, CA 95816-2909, or via facsimile to 916-456-6724.
    All comments, including names and addresses, when provided, are
placed in the record and are available for public inspection and
copying. The public may inspect comments received at 
http://www.roadless.fs.fed.us/colorado. Exit Disclaimer

FOR FURTHER INFORMATION CONTACT: Kathy Kurtz, Colorado Roadless
Interdisciplinary Team Leader, 303-275-5083, kkurtz@fs.fed.us.

[[Page 72983]]

    Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Background

    As a leader in natural resource conservation, the Forest Service
provides direction for the management and use of the Nation's forests,
rangeland, and aquatic ecosystems. Similarly, the State of Colorado is
committed to intelligent, sustained natural resource use and
conservation of State and Federal lands within its borders.
Furthermore, the Forest Service is charged to collaborate cooperatively
with States and other interested parties regarding the use and
management of the National Forest System (NFS).
    In May 2005, then-Governor Bill Owens signed Colorado Senate Bill
05-243, creating a 13-member bipartisan task force to provide official
recommendations regarding the management of inventoried roadless areas
in National Forests in the State of Colorado. The task force held nine
public meetings throughout the State, reviewed over 40,000 public
comments and conducted a comprehensive review of Colorado's
approximately four million acres of inventoried roadless areas.
    Colorado's petition was submitted to the Secretary of Agriculture
for consideration on November 13, 2006, by then-Governor Owens,
hereinafter referred to as the 2006 Petition, with the provision that
it be considered under section 553(e) of the Administrative Procedure
Act and Department regulations at 7 CFR 1.28. On April 11, 2007,
Governor Ritter submitted the 2006 Petition with modifications,
hereinafter referred to as the 2007 Petition. Governor Ritter's
transmittal letter requested that State specific rulemaking be
undertaken to provide an ``insurance policy for protection of our
roadless areas.''
    The Roadless Area Conservation National Advisory Committee reviewed
the Colorado petition on June 13 and 14, 2007, in Washington, DC. The
Executive Director of the Colorado Department of Natural Resources,
representing Governor Ritter, discussed the scope and intent of the
petition during the first day of the meeting. The committee also heard
comments from other State and Forest Service officials, task force
members, and members of the public. On August 8, 2007, the committee
issued a unanimous consensus-based recommendation that the Secretary
direct the Forest Service, with the State of Colorado as a cooperating
agency, to proceed with rulemaking.
    On August 24, 2007, the Secretary accepted the 2007 Petition based
on the Advisory Committee's review and report and directed the Forest
Service to initiate rulemaking.
    Additional information on how the State of Colorado petition was
developed can be found in the State's petition at: 
http://www.keystone.org/html/roadless_areas_task_force.html. Exit Disclaimer
    Colorado's original 2006 Petition, Governor Ritter's 2007 Petition,
a summary of the November 29 and 30, 2006, Advisory Committee meeting,
the recommendation made by the Roadless Area Conservation National
Advisory Committee to the Secretary, and the Secretary's letter to the
Governor can be found at the Forest Service Roadless Area Conservation
Web site: http://www.roadless.fs.fed.us/colorado. Exit Disclaimer

Purpose and Need for Action

    The purpose of the proposed rule is to review and consider the
State of Colorado's 2007 Petition for rulemaking, which presents
direction for the conservation and management of inventoried roadless
areas within the State of Colorado. The proposed rule integrates local
management concerns with the national objectives for protecting
roadless area values and characteristics.
    The Department of Agriculture and the State of Colorado are
committed to conserving and managing inventoried roadless areas and
consider these areas an important component of the National Forest
System (NFS). The Department and the State of Colorado believe that the
most viable path for lasting conservation of these areas must properly
integrate local, State, and national perspectives on roadless area
management. The 2007 Petition took into account State and local
resource management challenges along with the national interest in
maintaining roadless characteristics, and provides for management
flexibility. Currently, the conservation and management of inventoried
roadless areas is under the direction of the 2001 Roadless Rule, which
was reinstated when the 2005 State Petitions Rule was invalidated in
Cal. ex rel. Lockyer v. United States Dep't of Agric., 2006 U.S, Dist.
LEXIS 72226, 52 (N. D. Cal. 2006). As litigation continues over the
2001 Roadless Rule, the State of Colorado desires to institute durable
protections for inventoried roadless areas in the State. Therefore,
there is a desire to establish a Colorado Roadless Rule to protect and
manage the approximately four million acres of National Forest System
inventoried roadless areas in Colorado, while working to accomplish the
following goals (see 2007 Petition): (1) Conserve roadless area values
and characteristics; (2) protect human health and safety; (3) reduce
hazardous fuels; (4) restore essential wildlife habitats; (5) maintain
existing facilities; and (6) provide reasonable access to public and
private property or public and privately owned facilities.

Petitioned Action

    The Forest Service, in cooperation with the State of Colorado, is
initiating a public rulemaking process in response to the 2007 Petition
presented by the Colorado Department of Natural Resources on behalf of
Governor Ritter on June 13 and 14, 2007, to the Roadless Area
Conservation National Advisory Committee.
    The rulemaking, using the 2007 Petition with input from Roadless
Area Conservation National Advisory Committee, would designate Colorado
Roadless Areas to protect and manage these areas as described below.
    This new designation, Colorado Roadless Areas, would supersede
previous roadless inventories conducted under the Roadless Area Review
Evaluation and the 2001 Roadless Rule. Colorado Roadless Areas would be
identified using the 2001 Roadless Area Conservation Rule inventoried
roadless areas as a basis, amended by technical corrections to the
inventory as well as any revisions to an individual roadless area
through revised Forest Plans (Arapaho/Roosevelt, Routt, Rio Grande, and
White River) and ongoing Forest Plan Revision (Grand Mesa, Uncompahgre,
and Gunnison NFs; San Juan NF; Pike/San Isabel NFs; and Manti-La Sal
NFs). Lands located within ski permit area boundaries and/or adjacent
to existing ski areas currently allocated to such uses by Forest Plan
revisions would be removed from roadless designation and managed
subject to forest plan direction. Maps may be found at 
http://www.roadless.fs.fed.us/colorado. Exit Disclaimer
    The rulemaking would examine the 2007 Petition's specific proposal
to prohibit road construction or reconstruction in Colorado Roadless
Areas unless the responsible official determines the proposal cannot be
reasonably accomplished without a road, there are no other reasonable
alternatives, and one of the listed circumstances exists. The 2007
Petition sought to have the Forest Service, to the extent practicable,
emphasize the use of temporary roads and where a temporary road is
specified in the listed

[[Page 72984]]

circumstance, only a temporary road is allowed. Further, the Forest
Service would prepare an Environmental Impact Statement (EIS) whenever
proposing construction of a permanent road in designated Colorado
Roadless Areas. No-road and temporary road alternatives would be part
of such an EIS. Except for Federal Aid Highway projects, these roads
would be closed to all motorized vehicles not specifically used for the
purpose of the access. The circumstances for road construction are as
follows:
    a. To conduct a response action under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) or to
conduct a natural resource restoration action under CERCLA;
    b. Pursuant to reserved or outstanding rights, or by statute or treaty;
    c. To provide access to existing or future grazing allotments,
where roading is consistent with the Forest Plan in question;
    d. For a Federal Aid Highway project;
    e. To allow for construction of, maintenance of, and emergency
response to utility and water conveyance structures, where roading is
consistent with the Forest Plan in question.
    f. A temporary road is needed for treatment actions in areas
identified in a community wildfire protection plan or within areas of
the wildland-urban interface, as defined by the Healthy Forests
Restoration Act of 2003 (HFRA);
    g. A temporary road is needed for public health or safety in cases
of threat of flood, fire, or other potential catastrophic event that,
without intervention, would cause loss of life, property, or natural
resource values;
    h. A temporary road is needed in conjunction with the continuation,
extension, or renewal of a mineral lease; or
    i. A temporary road is needed to support the leasing of federal
coal reserves under certain lands in the North Fork Valley on the Grand
Mesa, Uncompahgre and Gunnison National Forests.
    Any temporary road would be obliterated and reclaimed and the
affected landscape restored immediately upon termination of the purpose
for the road. Roadless areas in which temporary roads are allowed,
built, and obliterated would not lose their roadless inventory status.
    The 2007 Petition also provided two other circumstances under which
road re-construction may be allowed in a Colorado Roadless Area: (1)
When road realignment is needed to prevent irreparable resource damage
from the original design, use, location, or deterioration of a forest
road; or (2) when road reconstruction is needed to implement a road
safety project based on local knowledge of a forest road or accident
history.
    The 2007 Petition specifically proposes to prohibit the cutting,
selling or removal of timber from a Colorado Roadless Area unless the
responsible official determines that the action falls within one of the
following circumstances:
    a. Is needed for wildlife habitat management and improvement for
wildlife species, in consultation with Colorado Department of Natural
Resources and Division of Wildlife, while maintaining or improving
roadless characteristics as defined in the 2007 Petition;
    b. Is needed to reduce the risk of wildfire effects or large scale
insect and disease outbreak effects in areas covered by and as provided
in a community wildfire protection plan, or if a protection plan is not
present within areas of the wildland urban interface (WUI), as defined
in the HFRA;
    c. Is incidental to the implementation of a management activity not
otherwise prohibited by the Rule;
    d. Is needed and appropriate for personal or administrative use; or
    e. Roadless characteristics have been substantially altered in a
portion of a roadless area due to the construction of a forest road and
subsequent timber harvest--which occurred after the roadless area was
designated and prior to the effective date of this rule.
    The 2007 Petition did not seek to impose limitations on reasonable
access to valid and existing rights and authorizations including
reasonable access to locatable minerals as allowed under the General
Mining Law of 1872 and the ability of the Colorado State Land Board to
develop its mineral interest underlying certain Forest Service surface
ownership. The Forest Service would emphasize exchange of State mineral
interests for Federal interests of comparable value.
    The 2007 Petition indicated that it did not seek to affect certain
other policies or activities including current or future management
status of existing roads or trails in Colorado Roadless Areas or the
status of existing grazing allotments. Existing Forest roads within
Colorado Roadless Areas would continue to be maintained. Current forms
of mechanized access would continue for permits, contracts, or other
legal instruments authorizing the occupancy and use of NFS lands that
were issued prior to the effective date of the Rule.
    The 2007 Petition also stated that the Colorado specific rule would
provide for the adjustment of Colorado Roadless Area boundaries as
applicable when forests are amending or revising their Forest Plans.
    Further, the 2007 Petition provided that no new roads would be
constructed in Colorado Roadless Areas for exploration, development or
transportation purposes relating to oil and gas leases issued after the
date of implementation of the Rule.
    The 2007 Petition also contained specific provisions concerning the
leasing of federal coal reserves under certain lands in the North Fork
Valley on the Grand Mesa/ Uncompahgre/Gunnison National Forests (GMUG).
These lands would remain as Colorado Roadless Areas, but would be
managed in a way that permits roads and other activities associated
with coal exploration and development. Once coal mining is complete,
all roads would be reclaimed and restored to natural conditions and all
activities within the area would be consistent with Roadless designation.
    The 2007 Petition did not address inventoried roadless acres in
national forests and grasslands outside of Colorado. The 2007 Petition
did not address travel management or wilderness recommendations.

Possible Alternatives to the Proposed Action

    Possible alternatives to the promulgation of a rule pursuant to the
2007 Petition to be considered in the Draft Environmental Impact
Statement (DEIS) include:
    • Roadless management direction as set forth in the 2001 Roadless Rule.
    • Roadless management direction as set forth in current Land
and Resource Management Plans.
    Additional alternatives may arise from public comments or new
information.

Cooperating Agencies

    The State of Colorado will participate as a cooperating agency in
the preparation of the DEIS.
    The State has requested that the Department of Natural Resources
and the Division of Wildlife be provided cooperating agency status
through a Memorandum of Understanding (MOU) with the Forest Service to
assure participation in the evaluation of proposed activities in
Colorado Roadless Areas associated with Federal coal reserves under
certain lands in the North Fork Valley on the Grand Mesa/Uncompahgre/
Gunnison National Forests (GMUG) and lands removed

[[Page 72985]]

from the roadless inventory associated with ski areas.

Responsible Official

    The Responsible Official for the rulemaking is the Secretary, USDA,
or his designee.

Nature of Decision To Be Made

    The Responsible Official, with concurrence of the State of
Colorado, will select a management strategy to address the management
of roadless areas on National Forest System Lands within the State of
Colorado.

Scoping Process

    As part of its scoping process, the Forest Service solicits public
comment on the nature and scope of the environmental, social, and
economic issues related to the rulemaking that should be analyzed in
depth in the Draft Environmental Impact Statement. Comments collected
during promulgation of the 2001 Roadless Rule and the extensive public
involvement process used by the State and Task Force to craft their
petition will be heavily relied upon. The nature and scope of the
analysis for the Draft Environmental Impact Statement will focus on the
land management direction sought in the petition, and the alternatives
to it.
    Because of the extensive amount of public comment that has already
been received on the issue of protecting roadless areas in Colorado, no
public meetings are planned for this 60-day scoping effort. However,
public meetings will be held after the Draft Environmental Impact
Statement and proposed rule have been released, and the public has had
a chance to take a careful look at the State site-specific proposed
rule, alternatives, and effects.

Comment Requested

    Reviewers should provide their comments during the comment period.
Timely comments will enable the agency to analyze and respond to them
at one time and to use them in the preparation of the Environmental
Impact Statement, thus avoiding undue delay in the decision making
process. The submission of specific and substantive comments usually
results in more effective use of public input and often results in
better decisions. As a reminder, reviewers have an obligation to
``structure their participation in the National Environmental Policy
Act process so that it is meaningful and alerts the agency to the
reviewer's position and contentions.'' Vermont Yankee Nuclear Power
Corp. v. NRDC, 435 U.S. 519, 552 (1978). Dept. of Transportation v.
Public Citizen, 541 U.S. 752, 764 (2004).

Estimated Dates

    The draft environmental impact statement is expected May, 2008, and
the final environmental impact statement is expected December, 2008.

    Dated: December 18, 2007.
Gloria Manning,
Associate Deputy Chief, NFS.
[FR Doc. E7-24894 Filed 12-21-07; 8:45 am]
BILLING CODE 3410-11-P

 
 

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