Special Areas; Roadless Area Conservation; Applicability to the National Forests in Idaho, 1135-1158 [07-6305]
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
Protection of Children
Environment
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and does
not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it does not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards is inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. A new § 165.1411 to read as
follows:
§ 165.1411 Security zone; waters
surrounding U.S. Forces vessel SBX–1, HI.
(a) Location. The following area, in
U.S. navigable waters within the
Honolulu Captain of the Port Zone (see
33 CFR 3.70–10), from the surface of the
water to the ocean floor, is a security
zone: All waters extending 500 yards in
all directions from U.S. Forces vessel
SBX–1. The security zone moves with
the SBX–1 while it is in transit and
becomes fixed when the SBX–1 is
anchored, position-keeping, or moored.
(b) Regulations. The general
regulations governing security zones
contained in 33 CFR 165.33 apply. Entry
into, transit through, or anchoring
within, this zone while it is activated,
and thus subject to enforcement, is
prohibited unless authorized by the
Captain of the Port or a designated
representative thereof.
(c) Suspension of Enforcement. The
Coast Guard will suspend enforcement
of the security zone described in this
section whenever the SBX–1 is within
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the Honolulu Defensive Sea Area (see 6
FR 6675).
(d) Informational notice. The Captain
of the Port of Honolulu will cause notice
of the enforcement of the security zone
described in this section to be made by
broadcast notice to mariners. The SBX–
1 is easy to recognize because it
contains a large white object shaped like
an egg supported by a platform that is
larger than a football field. The platform
in turn is supported by six pillars
similar to those on large oil-drilling
platforms.
(e) Authority to enforce. Any Coast
Guard commissioned, warrant, or petty
officer, and any other Captain of the
Port representative permitted by law,
may enforce the security zone described
in this section.
(f) Waiver. The Captain of the Port
may waive any of the requirements of
this rule for any person, vessel, or class
of vessel upon finding that application
of the security zone is unnecessary or
impractical for the purpose of maritime
security.
(g) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: December 6, 2007.
V.B. Atkins
Captain, U.S. Coast Guard, Captain of the
Port, Honolulu.
[FR Doc. E8–19 Filed 1–4–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 294
RIN 0596–AC62
Special Areas; Roadless Area
Conservation; Applicability to the
National Forests in Idaho
Forest Service, USDA.
Notice of proposed rulemaking;
request for comment.
AGENCY:
ACTION:
SUMMARY: The Forest Service, U.S.
Department of Agriculture (USDA), is
proposing to establish a State-specific
rule to provide management direction
for conserving and enhancing the
roadless characteristics for designated
roadless areas in Idaho. The agency is
particularly interested in receiving
public input regarding the following
topics: to what extent should the Forest
Service allow building roads for the
purpose of conducting limited forest
health activities in areas designated as
backcountry; are the limitations on sale
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of common variety minerals and
discretionary mineral leasing
appropriate; and will the proposed
mechanism for administrative
corrections and modifications be
sufficient to accommodate future
adjustments necessary due to changed
circumstances or public need?
DATES: Comments must be received in
writing by April 7, 2008.
ADDRESSES: Comments may be sent via
email to IDcomments@fsroadless.org.
Comments also may be submitted via
the world wide web/Internet at https://
www.regulations.gov. Written comments
concerning this notice should be
addressed to Roadless Area
Conservation-Idaho, 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 https://
roadless.fs.fed.us.
A copy of the draft environmental
impact statement (DEIS), the DEIS
summary, and other information related
to this rulemaking is available at the
national roadless Web site (https://
www.roadless.fs.fed.us) as well as by
calling the number listed below, under
the ‘‘for further information’’ heading.
Reviewers may request printed copies or
compact disks of the DEIS and the
summary by writing to the Rocky
Mountain Research Station, Publication
and Distribution, 240 West Prospect
Road, Fort Collins, CO 80526–2098. Fax
orders will be accepted at 970–498–
1122. Order by e-mail from
rschneider@fs.fed.us. When ordering,
requesters must specify if they wish to
receive the summary or full set of
documents and if the material should be
provided in print or on disk.
FOR FURTHER INFORMATION CONTACT: Brad
Gilbert, Idaho Roadless Rule Team
Leader, at (208) 765–7438. Individuals
using 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 Standard Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION:
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Background
As a leader in natural resource
conservation, the Forest Service
provides direction for the management
and use of the Nation’s forests,
rangelands, and aquatic ecosystems. The
Forest Service is charged to collaborate
cooperatively with states, Tribes, and
other interested parties regarding the
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use and management of the National
Forest System (NFS).
State of Idaho Petition
On June 23, 2005, the State of Idaho
(hereafter referred to as State)
announced it would submit a petition
pursuant to the State Petitions Rule (70
FR 25654), requesting specific
regulatory protections and certain
management flexibility for the
approximately 9.3 million acres of NFS
inventoried roadless areas in Idaho. As
part of that announcement, the State
invited affected county commissioners,
Tribes, and members of the public to
develop specific recommendations for
the NFS inventoried roadless areas in
their respective areas. Additionally,
over 50 public meetings were held and
the public was encouraged to send
individual comments directly to the
Governor’s office for consideration.
Idaho’s petition, under the State
Petition Rule, was submitted to the
Secretary of Agriculture for
consideration on September 20, 2006.
Subsequently, Idaho submitted a new
petition on October 5, 2006, under
section 553(e) of the Administrative
Procedure Act and Department
regulations at 7 CFR § 1.28. The
Department has also received
rulemaking petitions from the Nez Perce
Tribe and other organizations and
individuals requesting reinstatement of
the 2001 rule.
The Roadless Area Conservation
National Advisory Committee
(RACNAC) (72 FR 13469) reviewed the
Idaho petition on November 29 and 30,
2006, in Washington, DC. Governor
James Risch, on behalf of the State of
Idaho, discussed his views on 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, and members of
the public.
On December 19, 2006, the committee
issued a unanimous consensus-based
recommendation that the Secretary
direct the Forest Service, with the State
as a cooperating agency, to proceed with
rulemaking.
On December 22, 2006, the Secretary
accepted the petition based on the
advisory committee’s review and report,
and directed the Forest Service to
initiate rulemaking.
The USDA is committed to conserving
and managing inventoried roadless
areas. The Department considers the
proposed rule the most appropriate
solution to address the challenges of
inventoried roadless area management
on NFS lands in the State of Idaho.
Additional information, maps, and other
materials concerning the Idaho Roadless
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Areas, as well as other roadless areas,
can be found at https://roadless.fs.
fed.us/. Collaborating and cooperating
with states and other interested parties
regarding the long-term strategy for the
conservation and management of
inventoried roadless areas allows
recognition of both national values and
local situations.
The State of Idaho petition included
specific information and
recommendations for the management
of individual inventoried roadless areas
in the State. This site-specific
knowledge provided by the State and its
citizens aids the USDA and Forest
Service in accomplishing their
objectives and is reflected in this
proposed rulemaking. Additionally, the
State of Idaho examined roadless areas
sharing boundaries or overlapping with
neighboring states and determined the
need to coordinate with Montana and
Utah to insure consistency of
management themes assigned to these
inventoried roadless areas. Lastly, the
Forest Service and the State anticipate
collaborating on implementing this
proposed rulemaking. This commitment
is reflected in the Governor’s Roadless
Rule Implementation Commission
(Idaho Executive Order 2006–43), which
is charged with the responsibility of
working with the Forest Service to
accomplish collaborative
implementation of this proposed rule.
The Executive Order can be found on
the State of Idaho’s roadless Web site
https://gov.idaho.gov/
roadless_petition.htm.
National Forest System Land
Inventories in Idaho
This rulemaking relies on the most
recent inventory available for each
national forest and grassland in the
State to identify the inventoried
roadless areas addressed by this
rulemaking. Since 2001 the Agency has
continued with forest plan revisions
within Idaho and have continued to
review and update their inventories
using new technologies such as
geographic information systems (GIS)
providing better and more reliable data
than was previously available.,
Therefore, the proposed rule is based on
the most recent and reliable information
available for land and resource
management planning as well as using
other assessments and the inventory
contained in the 2000 Roadless Rule
Final Environmental Impact Statement
where that remained the best available
information. Using these inventories,
the Forest Service has identified 9.3
million acres of inventoried roadless
areas that are the subject of this
rulemaking.
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Proposed Roadless Area Conservation
Rule for Idaho
The Department believes this
proposed Roadless Area Conservation
Rule for Idaho represents a unique
opportunity to resolve collaboratively
and to provide certainty to the roadless
issue in the State. First, the proposed
rule enables the Forest Service to
account for comments of those most
affected or concerned about the contents
of state-specific rulemaking. Second, it
allows the Agency to consider the
unique characteristics of each
inventoried roadless area in the State.
Third, it balances the integrity and
natural beauty of these roadless areas
with responsible stewardship.
During his presentation to the
RACNAC, Governor Risch expressed the
need for stewardship of Idaho Roadless
Areas focusing on limited forest health
activities. Clarifying what stewardship
means is vital to understanding the
petition and subsequent rulemaking.
The proposed rule clarifies this by
providing discretion for conducting
activities that maintain forest health by
reducing the significant risk of wildland
fire (also known as wildfire) to
communities, municipal water supplies,
threatened and endangered species, and
to protect ecosystem components in the
same manner as provided in the Healthy
Forests Restoration Act (HFRA). All
project activity will be subject to
appropriate National Environmental
Policy Act (NEPA) compliance
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procedures and public comment
opportunities.
The Department and the State believe
a reduction in significant risk situations
before they become imminent threats to
local communities and water supplies
can be better achieved by providing
flexibility beyond the restrictions
imposed by the January 12, 2001
Roadless Area Conservation final rule
(2001 rule) (66 FR 3244). Implementing
these limited, but necessary projects
allows the Forest Service to be a good
neighbor for adjacent landowners and
communities and to help insure
continued forest health and protection
for life and property.
The Forest Service, in cooperation
with the State, has completed a review
of the social, economic, and
environmental characteristics and
values associated with the inventoried
roadless areas in the State. With public
input, the Agency has considered the
question of how these roadless lands
should be managed within the scope of
the Agency’s authority. Consistent with
the 2001 rule’s approach, the
management direction proposed by
these regulations would take precedence
over any inconsistent regulatory
provision or land and resource
management plan. It is also consistent
with the Secretary’s authority to
establish regulations to carry out the
statutory requirements for planning and
the Forest Service’s practice that forest
plans must yield to management
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direction of a higher order. Forest plan
management direction that is consistent
with these provisions remains intact
and effective.
Discussion of the Proposed
Management Themes
The management themes described in
Idaho’s petition and reflected in
Governor Risch’s presentation before the
RACNAC represent the foundation for
this rulemaking, and are imperative to
understanding the proposed rule. The
proposed rule is structured around five
themes: (1) Wild Land Recreation; (2)
Special Areas of Historic or Tribal
Significance; (3) Primitive; (4)
Backcountry/Restoration; and (5)
General Forest, Rangeland, and
Grassland. These five themes were
developed and refined through review
of the existing and draft management
prescriptions in each of Idaho’s national
forests.
Specifically, the proposed themes
span a continuum (see Figure 1) that
includes at one end, a restrictive
approach emphasizing passive
management and natural restoration,
and on the other end, active
management designed to accomplish
sustainable forest, rangeland, and
grassland management. This continuum
accounts for stewardship of each
roadless area’s unique landscape and
the quality of roadless characteristics in
that area.
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Allocation to a specific theme is not
intended to mandate or direct the Forest
Service to propose or implement any
action; rather, the themes provide an
array of permitted and prohibited
activities regarding road construction,
discretionary mineral activities, and
timber cutting. The themes also serve as
a reference point for future discussions
between the Forest Service, the State,
the Tribes, and the public. Themes may
also influence other future management
choices such as forest plan revisions or
use determinations that are beyond the
scope of these regulations.
The State’s petition identifies
approximately 345,000 acres of roadless
areas that are already part of other land
classification systems (for example,
Research Natural Areas) that are
governed by specific agency directives
and existing forest plan direction. The
petition did not request the Forest
Service impose additional or
superseding management direction or
restrictions for these forest plan special
areas. Instead, the State identified a
preference that these lands be
administered under the laws,
regulations, and other management
direction unique to the special purpose
of the applicable land classification.
These lands are included in § 294.28 for
the sake of completeness; however, the
proposed rule does not recommend
management direction for those lands.
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The following describes the current
and desired conditions for each
management theme. While the ability of
the Forest Service to conduct certain
activities (road building, activities
associated with mineral development,
and timber cutting) typically varies from
theme-to-theme, other activities
(motorized travel, grazing activities, or
use of motorized equipment and
mechanical transport) are not changed
by this proposed rule. While these other
activities are not regulated by this
proposed rule, such activities would be
subject to future planning and
decisionmaking processes of the Forest
Service. Furthermore, when
appropriate, wildland fire and
prescribed fire are tools which would be
available across all themes.
Additionally, like the 2001 rule, timber
cutting, sale, or removal in inventoried
roadless areas is permitted when
incidental to implementation of a
management activity not otherwise
prohibited by this proposed rule.
Examples of these activities include, but
are not limited to, trail construction or
maintenance; removal of hazard trees
adjacent to forest roads for public health
and safety reasons; fire line construction
for wildland fire suppression or control
of prescribed fire; survey and
maintenance of property boundaries;
other authorized activities such as ski
runs and utility corridors; or for road
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construction and reconstruction where
allowed by this proposed rule.
Management Theme 1: Wild Land
Recreation (WLR)
Current Condition: WLR areas were
generally identified during the forest
planning process as recommended for
wilderness designation. These areas
show little evidence of historic or
human use. Natural conditions and
processes are predominant. People
visiting these areas can find outstanding
opportunities for solitude and
challenge.
Desired Condition: WLR areas show
little evidence of human-caused
disturbance and natural conditions and
processes are predominant.
Management Theme 2: Special Areas of
Historic or Tribal Significance (SAHTS)
Current Condition: SAHTS are
relatively undisturbed by human
management activities, and natural
conditions and processes are
predominant. This theme consists of
three areas: (1) Pilot Knob (#849), Nez
Perce National Forest; (2) Nimiipuu and
Lewis and Clark National Historic
Trials, which includes portions of
Bighorn-Weitas (#306), Eldorado Creek
(#312), Hoodoo (#301), North Lochsa
Slope (#307), Weir-Post Office (#308),
Clearwater National Forest; and (3)
Pioneer Area—Mallard-Larkins (#300),
Idaho Panhandle National Forest. The
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Nez Perce Tribe and others expressed
the desire to protect these areas
specifically based on their historic or
Tribal significance. The RACNAC
recommended clarifying whether this
theme would alter or apply to the
management of other ‘‘special areas’’
embedded in roadless areas in
individual forest plans (such as,
Wilderness Study Areas, Recommended
and/or Designated Scenic, Wild, and
Recreational Rivers, Research Natural
Areas). Those areas will not be subject
to this proposed rule and will continue
to be managed by individual forest plan
direction or specific congressional
direction provided by statute.
Desired Condition: SAHTS will
continue to be relatively undisturbed by
human management activities in order
to maintain their unique Tribal or
historic characteristics.
Management Theme 3: Primitive
Current Condition: The current
condition of areas designated as
primitive generally reflects the
undeveloped character described for the
WLR theme. However, these areas
generally fall short of the Forest
Service’s recommended wilderness
suitability criteria.
Desired Condition: Primitive areas are
relatively undisturbed by human
management activities while allowing
for limited forest health activities
including preserving biological
strongholds for a variety of species and
protecting ecological integrity.
Management Theme 4: Backcountry/
Restoration (Backcountry)
Current Condition: Areas designated
as backcountry generally reflect the
undeveloped character found in all
roadless areas. However, there may be
portions within these areas that have
evidence of human use and occupancy
or past vegetation manipulation.
Desired Condition: Backcountry areas
are managed to retain their undeveloped
character, while providing a variety of
recreation opportunities and allowing
for limited forest health activities
including preserving biological
strongholds for a variety of species and
maintaining or restoring the
characteristics of ecosystem
composition and structure.
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Management Theme 5: General Forest,
Rangeland, and Grassland (GFRG)
Current Condition: Areas designated
as GFRG include locations that may
display relatively more evidence of
human use, including roads, facilities,
evidence of vegetative manipulation,
and mineral exploration/extraction.
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Desired Condition: GFRG areas are
managed to allow for a variety of goods
and services, and conservation of
natural resources.
Geothermal Energy
During the development of the
proposed rule, consideration was given
to whether the rule is overly restrictive
regarding potential exploration and/or
development of geothermal energy
resources in areas designated as
backcountry. While Idaho has high
geothermal energy potential, sitespecific information on this resource in
Idaho Roadless Areas is currently
limited (see discussion in DEIS). At this
time the Department has chosen not to
include a special exemption for
geothermal energy resources.
The Department expects that more
information about this energy resource
will become available over the next 5 to
10 years. Once additional information
becomes available, at that point, if
necessary, the State or other parties can
seek a change in the rule’s restrictions.
A site-specific modification to the rule
could then be proposed and reviewed
under § 294.27(e)(2).
Specific Request for Public Comment
With regard to road construction,
discretionary mineral activities, and
timber cutting, Idaho’s proposed
management continuum can be
succinctly summarized as three themes;
one theme more restrictive than the
2001 rule, one theme similar to the 2001
rule, and one theme less restrictive than
the 2001 rule. The agency is particularly
interested in receiving public input
regarding the following topics: (1) To
what extent should the Forest Service
allow building roads for the purpose of
conducting limited forest health
activities in areas designated as
backcountry; (2) are the limitations on
sale of common variety minerals and
discretionary mineral leasing
appropriate; and (3) will the proposed
mechanism for administrative
corrections and modifications be
sufficient to accommodate future
adjustments necessary due to changed
circumstances or public need? The
following illustrates the additions and/
or changes from the 2001 rule.
Limited Roads for Activities in
Backcountry
The proposed regulation at
§ 294.23(b)(1)(i) allows limited road
construction in Idaho Roadless Areas
designated to be managed pursuant to
the backcountry theme when a ‘‘road is
needed to protect public health and
safety in cases of significant risk or
imminent threat of flood, wildland fire,
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or other catastrophic event that, without
intervention, would cause the loss of
life or property; or to facilitate forest
health activities permitted under
§ 294.25(c)(1).’’ The phrase ‘‘significant
risk’’ is an addition to the imminent
threat language contained in the 2001
rule’s exceptions and bears further
explanation.
During its presentation to the
RACNAC, the State was under the
impression that the ‘‘imminent threat’’
exception provides the needed
flexibility to allow the Forest Service to
build roads for the purpose of
conducting what Governor Risch and
other State representatives identified as
‘‘stewardship activities.’’ An example of
such an activity would be a fuel
treatment project to protect a municipal
water supply system conducted
cooperatively with the Forest Service
through the Healthy Forests Restoration
Act (HFRA) (Pub. L. 108–148). However,
when read in context of the 2001 rule’s
preamble language, the application of
the ‘‘imminent threat’’ regulatory
language may not always achieve the
State’s desire for more progress toward
the congressional goals identified in
HFRA.
Referring to the ‘‘imminent threat’’
language, the preamble to the 2001 rule
stated that the exception ‘‘does not
constitute permission to engage in
routine forest health activities, such as
temporary road construction for
thinning to reduce mortality due to
insect and disease infestation’’ (66 FR
3243, 3255). Like the 2001 rule, the
Forest Service and State do not intend
this change in language to be construed
as giving permission to build roads in
areas designated as backcountry for the
purpose of engaging in routine forest
management activities as shown by the
use of the words ‘‘significant risk.’’ This
addition is intended to provide
additional flexibility where site-specific
conditions pose a significant risk of
wildland fire.
Although the principal objective for
this adjustment is to protect at-risk
communities and municipal water
supply systems from adverse effects of
wildland fire, this provision also
contemplates access for (1) areas where
wind throw, blowdown, ice storm
damage, or the existence or imminent
threat of an insect or disease epidemic
is significantly threatening ecosystem
components or resource values that may
contribute to significant risk of wildland
fire; or (2) areas where wildland fire
poses a threat to, and where the natural
fire regimes are important for,
threatened and endangered species or
their habitat consistent with HFRA.
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The proposed rule is programmatic in
nature, establishing the types of
prohibitions and conditions where
future projects may occur under the
appropriate theme. As stated by
Governor Risch, this proposed rule
‘‘does not cut one tree or plow one
road.’’ Further, not every acre
experiencing significant risk is expected
to receive treatment because of funding
limitations and mitigation measures
needed for other resource protection.
After the rule becomes effective, sitespecific proposed projects must still
undergo project planning procedures
before they can be implemented. This
includes compliance with HFRA (if
applicable), National Environmental
Policy Act (NEPA), National Forest
Management Act (NFMA), the
Endangered Species Act (ESA), and
other environmental laws and
regulations. Public involvement under
NEPA will be undertaken for these sitespecific proposals.
The Idaho Roadless Rule DEIS
discloses the effects of roads and
projections of the types and amounts of
possible treatments over the next 15
years. Treatments will be designed
based on site-specific needs to reduce
any significant risks, or to maintain or
restore the characteristics of ecosystem
composition and structure.
Determination of a significant risk
would be guided by the interagency
Healthy Forests Initiative and Healthy
Forests Restoration Act: Interim Field
Guide (2004).
Mineral Activities
The laws governing disposal of
Federal minerals on NFS lands are
complex. Responsibility for
management of these resources is often
shared between USDA and the
Department of the Interior (DOI).
Generally speaking, Federal minerals
are divided into three categories with
different legal authorities,
responsibilities, and controls applying
in each instance. The three basic
systems are: locatable, saleable, and
leasable minerals.
Locatable minerals are generally
metals (like gold and silver) but also
include rare earth elements such as
uranium and special uncommon
varieties of sand, stone, gravel, pumice,
pumicite, and cinders. Development of
such minerals is subject to the General
Mining Law of 1872. Like the 2001 rule,
this proposed rule does not seek to
impose any limits regarding activities
undertaken regarding locatable
minerals. In the long term, it is
reasonable to assume that future
exploration, mining, and mineral
processing activities would continue to
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occur in Idaho Roadless Areas where
valuable deposits exist. When
necessary, construction or
reconstruction of roads for locatable
mineral exploration or development is
part of the reasonable right of access
provided under the General Mining
Law. Therefore, this rule does not
propose to affect rights of reasonable
access to prospect and explore lands
open to mineral entry and develop valid
claims. All proposals for locatable
mineral exploration or development are
subject to the planning and design
requirements governing locatable
minerals in 36 CFR part 228, subpart A
and the appropriate level of
environmental analysis. The plan of
operations would be approved subject to
modifications identified in the
environmental analysis and would be
binding on the operator.
Saleable minerals, also known as
common variety mineral materials, are
common varieties of sand, stone, gravel,
pumice, pumicite, cinders, and clay.
The Secretary of Agriculture is solely
responsible for disposal of saleable
minerals on NFS lands. The Forest
Service has complete discretion to
refrain from authorizing the disposal of
saleable minerals.
The proposed rule would prohibit the
sale of common variety mineral
materials in Idaho Roadless Areas that
are designated to be managed pursuant
to WLR, SAHTS, or primitive themes.
This prohibition would be more
restrictive than the 2001 rule for these
three themes. However, under the
proposed § 294.23(b)(1)(vii), the Forest
Service would be allowed to build roads
associated with the sale or
administrative use of common variety
mineral materials in areas designated as
backcountry ‘‘if the use of these mineral
materials is incidental to an activity
otherwise allowed under the rule’’
(§ 294.24(e)). Road construction and
reconstruction associated with the sale
or administrative use of common variety
mineral materials is allowed in GFRG.
Leasable minerals include oil, gas,
coal, phosphate, potassium, sodium,
sulphur, gilsonite, oil shale, geothermal
resources, and hardrock minerals. There
are two general umbrella authorities
governing the leasing of these minerals,
except for sulphur, geothermal
resources, and hardrock minerals, on
NFS lands. One of these umbrella
authorities, the Mineral Leasing Act of
1920, applies exclusively, and by its
terms applies comprehensively, to NFS
lands reserved from the public domain.
The other, the Mineral Leasing Act for
Acquired Lands, applies exclusively,
and by its terms applies
comprehensively, to acquired NFS
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lands. The leasing of geothermal
resources is governed by free standing
statutory authority which applies to all
NFS lands. Collectively, these
authorities are known as the mineral
leasing laws.
Despite the many authorities
governing mineral leasing on NFS lands,
there are basic commonalties among the
mineral leasing laws. The most
fundamental is that the Secretary of the
Interior is statutorily charged with the
administration of the mineral leasing
laws. Consequently, the Department of
the Interior (DOI) issues all mineral
leases for NFS lands. The Secretary of
the Interior also has complete discretion
to refrain from leasing any leasable
mineral.
This is not to say that the Forest
Service lacks a role with respect to
mineral leasing on NFS lands. DOI is
statutorily required to obtain the Forest
Service’s consent before it issues leases
for many leasable minerals. The Forest
Service also has the right to regulate
operations conducted for certain
leasable minerals.
The proposed rule would not seek to
restrict retroactively any existing
authorizations. The proposed rule
would establish limitations on the
future exercise of discretion available to
Forest Service line officers. It does not
impose restrictions on decisions that
Congress has allocated to DOI. Nor does
the proposed rule effect or seek a
withdrawal of the mineral estate as such
matters are subject to a separate
statutory process established under the
Federal Land Policy Management Act.
Instead, the proposed rule would
instruct Forest Service line officers
when exercising their discretionary
authority concerning disposal of
different mineral materials.
The Forest Service and State see an
opportunity to clarify and remove
confusion regarding expectations for
mineral leasing and associated road
construction activities across the
management themes set out in this
proposed rule. This is a refinement of
the 2001 rule which permitted the
leasing and the surface use or
occupancy across all roadless areas, but
did not allow new roads to be
constructed pursuant to new leases.
Using the management spectrum
associated with the proposed themes,
the Forest Service and the State are
seeking a balance between the
protection of roadless values and the
responsible development of mineral
resources.
If promulgated, in designated WLR,
SAHTS, or primitive areas, the Forest
Service would not recommend,
authorize or consent to road
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construction or reconstruction or
surface use and occupancy associated
with mineral leases. This leasing
restriction is more restrictive than the
2001 rule.
In backcountry areas, road
construction or reconstruction is
prohibited except for the leasing of
phosphate materials. Surface use or
occupancy without road construction or
reconstruction is permissible for all
mineral leasing.
In areas designated as GFRG, leasing
approvals, including road construction,
reconstruction, surface use and
occupancy, and associated road access
requests are permissible.
Where authorized, all road
construction or reconstruction
associated with mining activities
allowed under this management theme
must be conducted in a way that
minimizes effects on surface resources,
prevents unnecessary or unreasonable
surface disturbance, and complies with
all applicable lease requirements, land
and resource management plan
direction, regulations, and laws. Roads
constructed or reconstructed pursuant
to this management theme must be
decommissioned when no longer
needed or when the lease, contract, or
permit expires, whichever is sooner.
There has been considerable debate
among various parties offering
competing interpretations of the 2001
rule provisions about whether or not
ongoing leasing activities can be
geographically expanded beyond
current lease boundaries; particularly
phosphate leasing in the CaribouTarghee National Forest. The proposed
rule contains text at § 294.24(d) that
resolves this question in the affirmative.
At the effective date of a final rule,
existing operations could expand
beyond their current boundaries,
including such lands as are necessary
for access. The DEIS estimates an
additional 12,100 acres above the acres
under existing lease will potentially be
affected. The DEIS also discusses the
importance and value of this phosphate
leasing to the local communities, the
State, and the Nation.
Accommodating Change
The Forest Service, State of Idaho,
and members of the public have
expressed confusion over how boundary
or other changes were expected to be
made under the 2001 rule. The State of
Colorado in its roadless area rulemaking
petition similarly identified the need for
a process to allow future modifications
of the management direction to be
established in that rulemaking. Based on
Forest Service experience with the 2001
rule, as well as other land and resource
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management and classification systems,
the Agency has included in the
proposed rule a system to address future
corrections and modifications of the
allocations made through this
rulemaking. The Forest Service is
proposing a system that parallels the
National Forest Management Act forest
plan amendment process, allowing for
technical corrections as well as minor or
even significant changes. All changes
are noticed to the public and public
involvement requirements vary
depending on the magnitude of the
change being made.
The proposed rule applies a two
tiered approach. Like the 2001 rule,
§ 294.27(e)(1) expressly provides that
technical errors, such as clerical
mistakes, errant maps, and so on, can be
corrected by the Chief and are effective
upon public notice. This provision
could also be applied when changes are
necessitated by events beyond the scope
of this proposed rule, such as
Congressional legislation or a
conveyance of land by sale, exchange or
interchange.
The second tier of the approach
involves a mechanism for modifying
boundaries or management direction in
other circumstances. The Department
believes the proposed rule should allow
for changes in management direction
due to changed conditions or
circumstances. Any modification would
be effective only after the Chief provides
public notice in the Federal Register.
Modifications would be subject to a 30day notice requirement in all instances;
and if the change is determined to be
significant by the Chief, notice and
comment rulemaking must be
undertaken.
The proposed rule provides factors to
assess whether a proposed change is of
sufficient magnitude to warrant
additional rulemaking or so limited as
to not merit such a procedure. This is
an admittedly subjective assessment and
the expectation is that the Agency will
keep foremost in its mind the
implications of the change to the
roadless character of the area(s). Again,
the Forest Service has implemented a
similar sliding scale approach for
amendment of forest plans for three
decades and is confident such a system
is workable.
Examples of when rulemaking would
not be expected: (1) Establishment by
the Forest Service of a research natural
area in a roadless area designated as
primitive; (2) changing the designation
of a small portion of backcountry
adjacent to a large block of GFRG into
the GFRG designation; (3) changing the
designation of a small portion of
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1141
backcountry adjacent to a large block of
primitive into the primitive designation.
Examples where rulemaking would be
expected: (1) Approving the use of lands
designated as primitive to construct and
operate an all-season recreation resort
complex; (2) geothermal exploration has
discovered a significant energy field in
an area designated as primitive and the
Forest Service proposes that a portion of
the roadless area be designated as GFRG
to allow development and transmission
line corridors; (3) during a forest plan
revision the Forest Service recommends
two primitive areas for wilderness
designation; therefore, the Agency
proposes their designations be changed
to WLR.
The Department does not anticipate
extensive adjustments will occur under
this provision. The provision would
provide public confidence that if
adjustments need to be considered, the
process will be both open to and
understood by all interested parties.
Conclusion
The USDA, Forest Service, and the
State of Idaho are committed to
conserving and managing Idaho
Roadless Areas under the context of the
Agency’s multiple-use mandate and
consider roadless areas an important
component of the NFS. The Department,
Agency, and State believe that
establishing a state-specific rule, based
on the petition submitted by the State,
allows state-specific consideration of
the needs of these areas and is an
appropriate solution to address the
challenges of managing Idaho Roadless
Areas.
Collaborating with the State on the
long-term strategy for the management
of Idaho Roadless Areas allows for the
recognition of national values and local
situations and resolution of unique
resource management challenges.
Collaboration with others who have a
strong interest in the conservation and
management of inventoried roadless
areas will also help to ensure balanced
management decisions that maintain the
most important characteristics and
values of those areas.
The proposed rule envisions a sliding
scale of designating themes for the
management of Idaho Roadless Areas.
From most restrictive to least restrictive,
the themes are Wild Land Recreation;
Special Areas of Historic or Tribal
Significance; Primitive; Backcountry/
Restoration; and General Forest,
Rangeland, and Grassland. Prohibitions
with exceptions or permissions with
conditions for road construction,
discretionary mineral development, and
timber cutting are proposed for each
theme.
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USDA invites written comments on
both the proposed rule and the draft
environmental impact statement and
will consider those comments in
developing the final rule and final
environmental impact statement. The
final rule will be published in the
Federal Register.
jlentini on PROD1PC65 with PROPOSALS
Regulatory Certifications
Regulatory Planning and Review
This proposed rule was reviewed
under USDA procedures, Executive
Order 12866 issued September 30, 1993
(E.O. 12866), as amended by E.O. 13422
on Regulatory Planning and Review,
and the major rule provisions of the
Small Business Regulatory Enforcement
and Fairness Act (5 U.S.C. 800). It has
been determined that this proposed rule
is not an economically significant rule.
This proposed rule will not have an
annual effect of $100 million or more on
the economy nor adversely affect
productivity, competition, jobs, the
environment, public health or safety,
nor state or local governments. This
proposed rule is not expected to
interfere with an action taken or
planned by another agency nor raise
new legal or policy issues. This
proposed rule will not alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients of
such programs. However, due to the
level of interest in inventoried roadless
areas management, this proposed rule
has been designated as significant and is
therefore subject to Office of
Management and Budget review under
E.O. 13422.
A regulatory impact analysis has been
prepared for this proposed rule. The
benefits, costs, and distributional effects
of three alternatives referred to as
follows: 2001 Roadless Rule (2001 rule),
existing forest plans (existing plans),
and the Idaho State Petition (proposed
rule) are analyzed over a 15-year time
period. As of the printing of this
proposed rule, the 2001 rule is in
operation by court order and represents
the legal status quo. In absence of the
2001 rule, management would be
governed by existing plans and agency
interim direction. As such, for the
purpose of regulatory impact analysis,
the 2001 rule and existing forest plans
are assumed to represent a range of
baseline conditions or goods and
services provided by national forests
and grasslands in the near future in the
absence of the proposed rule.
The proposed rule is programmatic in
nature, consisting of direction for road
construction, road reconstruction,
timber cutting, and discretionary
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mineral activities, which would be
applied to future management activities
in Idaho Roadless Areas. The purpose of
the proposed rule is to provide Statespecific direction for the conservation
and management of inventoried roadless
areas within the State. The proposed
rule integrates local management
concerns with the national objectives for
protecting roadless area values and
characteristics.
The proposed rule would establish
five management themes to clarify
direction within Idaho Roadless Areas
in contrast to the single management
strategy assigned to all Idaho Roadless
Areas under the 2001 rule. The five
themes are Wild Land Recreation
(WLR), Primitive, Special Areas of
Heritage and Tribal Significance
(SAHTS), Backcountry/Restoration
(backcountry), and General Forest,
Rangeland, and Grassland (GFRG).
Management direction under the 2001
rule is most similar to the backcountry/
restoration theme under the proposed
rule. The proposed rule does not
prescribe site-specific activities on the
ground, nor does it irreversibly commit
resources. Direct effects of site-specific
activities would be disclosed through
NEPA project-level analysis when sitespecific decisions are made.
In general, the proposed rule does not
affect the efficiency of individual
operations or activities (such as, an
individual timber sale) associated with
forest resources and/or services, but
may instead affect the number or extent
of opportunities as a function of
activities permitted within Idaho
Roadless Areas on NFS lands. Because
the proposed rule does not prescribe
site-specific activities, it is difficult to
quantify the benefits of the alternatives.
It should also be emphasized that the
types of benefits derived from roadless
characteristics and the uses of roadless
areas are far ranging and include a
number of non-market and non-use
benefit categories. Consequently,
benefits are not monetized, nor are net
present values or benefit cost ratios
estimated. Instead, increases and/or
losses in benefits are discussed
separately for each resource area in a
quantitative or qualitative manner.
Benefits and costs are organized and
discussed in the context of ‘local
resource concerns’ and ‘roadless
characteristics’ in an effort to remain
consistent with overall purpose of the
proposed rule, recognizing that benefits
associated with local concerns may
trigger indirect benefits in roadless
characteristics in some cases (such as,
forest health). Table 1 summarizes the
potential benefits and costs of the
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proposed rule, the 2001 roadless rule,
and existing plan alternatives.
Distributional effects or economic
impacts, in terms of jobs and labor
income, are quantified for five economic
areas (EAs) for the State using regional
impact models (IMPLAN). Economic
impacts are evaluated only for changes
in activities directly affected by the
proposed rule (timber cutting, minerals
extraction, and road construction and
reconstruction). Distributional effects
are also discussed in relation to revenue
sharing, small entities, and to the
resource dependent communities
(counties) most likely to be affected by
the proposed rule. Table 2 summarizes
distributional effects and economic
impacts of the proposed rule and
alternatives.
Details about the environmental
effects of the proposed rule can be
found in the Roadless Area
Conservation; National Forest System
Lands in Idaho Draft Environmental
Impact Statement (DEIS). Effects on
opportunities for small entities under
the proposed rule are discussed in the
context of Executive Order 13272
regarding proper consideration of small
entities and the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), which amended the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.).
Local Resource Concerns
Local resource concerns include
ensuring access, protecting
communities, property, and resources
from risk of wildfire; as well as
protecting forests from the adverse
effects of wildfire, insects, and disease.
Approximately 1.4 million acres
within Idaho Roadless Areas are
estimated to be at risk of 25% or more
tree mortality (that is, high risk) over the
next 15 years. Of the 1.4 million acres
at risk, approximately 26,000 acres are
within the GFRG and 939,000 acres in
the backcountry theme under the
proposed rule. The areas identified
within the GFRG theme would have the
most potential to be treated given their
treatment flexibility. Timber cutting in
the backcountry theme would be done
on a limited basis and would be done
to retain roadless characteristics. Under
existing plans, the high-risk acreage
assigned to the GRFG theme increases to
190,000 acres while 730,000 acres are
assigned to backcountry. Existing plans
provide flexible opportunities to treat
high-risk acres through timber cutting
on lands assigned to both of these
themes without constraints associated
with roadless characteristic retention.
Projected levels of treatment, involving
timber cutting, are greatest under
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existing plans (2,800 acres per year;
42,000 acres over 15 years) followed by
the proposed rule (800 acres per year;
12,000 acres over 15 years). Treatments
associated with projected harvests over
the next 15 years are likely to be
effective in reducing the risks from
insects and disease in areas treated.
Timber cutting associated with
treatments are estimated to be 0.5
million board feet (MMBF), 14 MMBF,
and 4 MMBF per year for the 2001 rule,
existing plans, and the proposed rule
respectively and account for 0.5%,
11.5%, and 3% of average annual
harvests from National Forest land in
Idaho. A majority of the volume under
the proposed rule is projected to occur
within the northern economic area (EA).
Approximately 1 million acres of
Idaho Roadless Areas are within the
wildland urban interface (WUI), and
about 40% of those acres (450,000) are
in high priority fire risk areas as defined
by fire regime and condition class.
Opportunities to use a full range of
treatment methods to address severe
wildfire risk, particularly within the
WUI, are substantially greater under the
proposed rule relative to the 2001 rule.
Treatment flexibility expands only
slightly under the proposed rule
compared to existing plans.
Approximately 71% of WUI acreage
within Idaho Roadless Areas is assigned
to management themes that permit
flexible treatment methods that include
road construction under the proposed
rule, compared to 69% under existing
plans. However, fewer overall acres are
projected for treatment under the
proposed rule due to other constraints
(such as, maintenance of roadless
characteristics). Projected harvests
could treat the equivalent of
approximately 5% of high priority areas
within the WUI under the proposed rule
over a 15-year period. In contrast,
approximately 14% of high priority
WUI areas could be treated under
existing plans. An insignificant amount
of high priority WUI acreage would be
treated under the 2001 rule.
Phosphate mining activity on existing
leases will be similar across the
alternatives over the next 15 years.
However, 12,100 acres of unleased
known phosphate reserves within Idaho
Roadless Areas will be made available
for future leasing or lease expansion
under the proposed rule that would not
be accessible under the 2001 rule.
Mining in these areas could generate an
estimated 545 million tons of phosphate
ore, but development of these areas is
expected to occur over an extended
period (50+ years). All unleased areas
with known phosphate reserves
(approximately 13,400 acres; estimated
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603 million tons) will be available for
leasing over an extended period under
existing plans.
There are negligible opportunities for
geothermal development under the 2001
rule. Geothermal opportunities increase
under the proposed rule where 233,600
acres of high geothermal potential, on
land with feasible slopes, are made
available because of GFRG theme
assignments. These opportunities
increase slightly under existing plans to
249,500 acres. The existing plans
provide for greater development
opportunities in areas of medium
geothermal potential with feasible
slopes (457,700 acres) compared to the
proposed rule (140,800 acres). There are
currently no existing geothermal leases
on National Forest land in Idaho.
The proposed rule is not expected to
have a significant impact on other local
resource issues or concerns including
livestock grazing, saleable minerals,
other leasable minerals (oil, gas, and
coal), locatable minerals, or energy
corridors.
Roadless Characteristics
Roadless characteristics include high
quality soil, water (including drinking
water), and air; plant and animal
diversity; habitat for sensitive species;
reference landscapes and high scenic
quality; primitive and semi-primitive
recreation; cultural resources; and other
locally identified unique characteristics.
Shifts in the number of roadless area
acres assigned to more permissive
management themes can increase the
potential for adverse effects to roadless
characteristics. However, reasonably
foreseeable effects in the next 15 years
are likely to be limited by levels of road
construction/reconstruction, timber
cutting, and leasable minerals activity
actually projected to occur during that
time.
Based on the relative acreage assigned
to different management themes, the
proposed rule creates greater potential
for reductions in scenic integrity
compared to the 2001 rule but lower
potential relative to existing plans. The
proposed rule assigns 5.5 million acres
to management themes (GFRG,
backcountry) that permit activities that
could trigger moderate reductions in
scenic integrity. Theme assignments
under existing plans create potential for
triggering similar integrity reductions on
5.9 million acres. Potential reductions
would be moderated under the
backcountry theme due to more
restrictive management requirements
relative to GFRG. There is little
potential for reductions in scenic
integrity under the 2001 rule.
Reasonably foreseeable reductions in
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1143
scenic integrity from timber cutting are
limited to those resulting from projected
harvest levels. Foreseeable reductions in
scenic integrity from high to low levels
from long-term development (50+ years)
of unleased phosphate reserves are
similar for the proposed rule (12,100
acres) and existing plans (13,400 acres)
and confined to the Caribou Targhee
National Forest. Reductions in scenic
integrity associated with development
of existing phosphate leases are similar
across the three alternatives.
The proposed rule does not directly
affect wilderness designations in the
context of the National Wilderness
Preservation System, but the changes in
activities permitted within Idaho
Roadless Areas under the proposed rule
have the potential to affect the degree to
which Idaho Roadless Areas are
considered for future wilderness
designation. Reductions in wilderness
characteristics are most likely to occur
in areas assigned to the GFRG theme
(1.262 million acres under existing
plans; 609,500 acres under the proposed
rule). Activities may not change
wilderness characteristics if the effects
of prior activities are still evident within
GFRG areas. Acreage recommended for
wilderness increases from 1,320,900
under existing plans (that is, current
wilderness recommendations) to
1,378,600 under the proposed rule,
primarily through assignment of areas to
the wild land recreation theme. A vast
majority of acreage is likely to retain
existing wilderness characteristics
under the 2001 rule, and no changes
occur regarding recommended
wilderness under the 2001 rule.
No measurable differences in
dispersed recreation opportunities are
expected across alternatives. Losses in
dispersed recreation associated with
development of existing phosphate
leases are equal for all alternatives;
development of future leases will affect
opportunities but not within 15 years
(that is, >50 years). Perceptions of
remoteness and solitude may be affected
in dispersed recreation areas where
timber cutting and road construction
occur, but effects are constrained by
projected levels of these activities.
Opportunities for developed
recreation are limited under the
proposed rule but increase to some
extent under existing plans, though
reasonably foreseeable development is
minimal. Opportunities for maintaining
dispersed recreation opportunities are
high under the 2001 rule, with little
potential for increases in developed
recreation opportunities. Concerns
about access and designations for
motorized versus non-motorized
recreation were raised in comments
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during scoping, however, the proposed
rule does not provide direction on
where and when off highway vehicle
(OHV) use would be permissible and
makes clear that travel planning-related
actions should be addressed through
travel management planning and
individual forest plans.
The potential for adverse effects to
plant, wildlife, and aquatic species and
habitat is lower under the proposed
rule, compared to existing plans due to
fewer acres assigned to more permissive
themes. However, reasonably
foreseeable effects are constrained by
projected levels of road construction/
reconstruction, timber cutting, and
leasable minerals activity over the next
15 years. Acreage assigned to wild land,
primitive, and SAHTS themes should
have a beneficial effect on sensitive
species and habitat. Acreage under these
themes contains 289 occurrences of
known sensitive plant populations (out
of a total of 666) compared to 293
occurrences on similar themes under
existing plans. The management
prescriptions under the 2001 rule are
likely to have beneficial effects on
sensitive species, as well as
biodiversity.
Road building associated with timber
cutting will have a negligible effect on
high hazard soils under all alternatives.
Road building is likely to affect high
hazard soils in areas associated with
existing phosphate leases but effects are
equivalent across alternatives. Similar
effects associated with future leases are
possible but not likely to occur within
the next 15 years under the proposed
rule and existing plans (future leases are
not feasible under the 2001 rule).
The proposed rule is expected to have
negligible adverse effects on other
resources associated with roadless
characteristics including cultural
resources, air, water, climate change,
non-timber products, and outfitter and
guide opportunities based on reasonably
foreseeable activity projections. Any
adverse impacts to these resources and
services would be addressed through
analysis conducted in accordance with
NEPA and minimized through
compliance with forest plan guidelines.
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Agency Costs and Revenues
Agency costs and revenues are
summarized in Table 1. Aggregate
timber program costs under the
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proposed rule are expected to be greater
than costs under the 2001 rule and
lower than costs under existing plans
when considering projected levels of
timber cutting. Treatment costs per acre
are expected to be lower under the
proposed rule and existing plans
compared to the 2001 rule due to greater
flexibility regarding treatment methods
under the GFRG theme. Greater acreage
assigned to GFRG under existing plans
implies potential for some gains in
treatment cost effectiveness relative to
the proposed rule. Lower costs imply
greater capacity for generating viable
sales and positive net revenues for a
given project. Net revenues may
increase under the proposed rule
relative to the 2001 rule, primarily for
the Idaho Panhandle NF and the
Northern economic area (EA) based on
projected levels of timber cutting.
However, net revenues may decrease
under the proposed rule when
compared to revenues generated by
projected timber cutting under existing
plans for the Idaho Panhandle,
Clearwater, and Nez Perce National
Forests.
Projected total miles of new roads
(constructed and reconstructed) are 15,
180, and 60 miles over the next 15 years
under the 2001 rule, existing plans, and
the proposed rule respectively. Today,
approximately 1,800 miles of roads
(include forest, other public, private,
and unauthorized roads) exist on 5% of
the land within Idaho Roadless Areas.
Agency costs related to roads (e.g.,
administration, planning, maintenance)
are not likely to change significantly
under the proposed rule based on
projected construction/reconstruction
levels, and due to the types of roads
constructed (such as, temporary, singlepurpose).
Distributional Effects
The distributional effects of the
proposed rule are quantified for
reasonably foreseeable levels of timber
cutting and road construction projected
to occur over the next 15 years (see
Table 2). The majority of employment
and income impacts are projected to
occur in the southeastern EA (due to
leasable minerals), the northern EA (due
to timber cutting), and to some extent in
the central EA. Predicted amounts of
phosphate output from Idaho Roadless
Areas are not expected to differ across
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alternatives over the next 15 years,
implying that jobs and labor income
contributed by phosphate activities are
constant across alternatives.
Phosphate mining on existing leases
is estimated to contribute the greatest
number of jobs and income, but jobs
from this sector will not differ by
alternative. Timber cutting is primarily
responsible for differences in jobs and
income across alternatives. Projected
harvest and accompanying road
construction under the proposed rule is
estimated to contribute an additional 80
jobs and $1.6 million in income per
year, relative to conditions under the
2001 rule. These changes are expected
to occur in the northern (Idaho
Panhandle NF) and southeastern
(Caribou/Targhee NF) economic areas.
In contrast, annual employment and
income are estimated to be lower under
the proposed rule compared to existing
plans by 221 jobs and $6 million in
labor income. These effects are likely to
occur within the northern, southeastern,
and central (Clearwater NF) economic
areas.
Timber-dependent counties where
changes in harvest opportunities and
corresponding jobs and income may
have the most significant impact on
local economies are identified by
economic area. Nine counties are
identified for the northern EA, while
five such counties are located in the
central EA, one of which is located in
the State of Washington. One additional
county is located in the southeastern
EA. Little or no potential for adverse
impacts to the local economy is
predicted for these counties under the
proposed rule relative to the 2001 rule,
but some potential for adverse impacts
exists compared to existing plans.
Payments to counties are expected to
remain the same under all alternatives
as long as the Secure Rural Schools and
Community Self-Determination Act
(SRSA) remains in effect. If SRSA is
allowed to lapse, the timber-dependent
counties noted above are likely to
experience the greatest loss. Mineralbased payments to states are a function
of receipts from leasable minerals,
including receipts from phosphate
operations, but no differences in
phosphate production are projected
across alternatives.
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
1145
TABLE 1.—SUMMARY OF NET BENEFITS OF THE PROPOSED RULE AND ALTERNATIVES
Category
2001 Roadless rule
Existing plans
Proposed rule
LOCAL RESOURCE CONCERNS
Forest Health
Insects and Disease ........................
Most of the 1.4 million acres currently at risk of 25% mortality
or significant growth loss will
remain untreated.
Opportunities for treatment under
GFRG
and
backcountry
themes:
• 190,000 acres of high risk (9)
forest assigned to GFRG.
• 730,000 acres of high risk
forest assigned to backcountry.
Projected treatments on 42,000
acres likely to be effective over
15 years.
Noxious Weeds ...............................
Spreading is unlikely given limited
potential for soil disturbance.
28,000 acres of weeds currently found in Idaho Roadless
Areas.
Fuel Management ...........................
Road construction not permitted
in conjunction with treatments
on 100% of wildland urban
interface (WUI).
Treatments more expensive; insignificant acreage treated relative to acres at risk. Limited
capacity to treat high priority
condition class 2 and 3 areas.
Does not directly permit timber
cutting to reduce risk of unwanted wildland fire.
Some potential for spreading
based on acreage assigned to
GFRG (1.262 million); the limited degree of projected road
construction, timber cutting,
and mineral activity will minimize the potential for spreading. 8,300 acres of weeds currently found in GFRG.
Road construction permitted in
conjunction with treatments on
69% of the WUI.
Mechanical treatments without
road construction may be permitted on 22% of the WUI.
Mechanical treatments not permitted on 9% of the WUI (7).
Projected harvests could treat
14% of high priority areas (i.e.,
fire regimes I, II, and III, condition class 2 and 3) within WUIs
or 1% of high priority areas
overall.
May permit timber cutting to reduce risk of unwanted wildland
fire.
Opportunities for treatment under
GFRG
and
backcountry
themes:
• 26,000 acres of high risk (9)
forest assigned to GFRG.
• 940,000 acres of high risk
forest assigned to backcountry.
Backcountry treatments must be
for forest health and/or hazardous fuels reductions, and retain roadless characteristics.
Projected treatments on 12,000
acres likely to be effective over
15 years.
Some potential for spreading
based on acreage assigned to
GFRG (609,500 acres); the limited degree of projected construction, harvest and mineral
activity would minimize the potential for spreading. 2,600
acres of noxious weeds currently found in GFRG.
Road construction permitted in
conjunction with treatments on
71% of the wildland urban
interface (WUI).
Mechanical treatments, without
road construction may be permitted on 19% of the WUI.
Mechanical treatments not permitted on 10% of the WUI (7).
Projected harvests could treat 5%
of high priority areas (Fire Regimes I, II and III, Condition
Class 2 and 3) within WUIs or
less than half a percent of high
priority areas overall.
Directly permits timber cutting to
reduce
risk
of
unwanted
wildland fires in the primitive,
backcountry,
and
GFRG
themes.
Timber Cutting—Projected
Projected timber cutting ..................
Vegetation and Fuels Treatments ...
0.5 MMBF/year .............................
(0.5% of annual average)(1) ........
100 acres/year .............................
1,500 acres over 15 years ...........
14 MMBF/year ..............................
(11.5% of annual average)(1) ......
2,800 acres/year ..........................
42,000 acres over 15 years .........
4 MMBF/year.
(3% of annual average)(1).
800 acres/year.
12,000 acres over 15 years.
Roads—Projected (miles per year)
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Permanent—Constructed ................
Temporary—Constructed ................
Reconstructed .................................
Total New Roads ............................
Decommissioned .............................
Net Road Miles ...............................
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0.8 ................................................
0.2 ................................................
0 ...................................................
1.0 ................................................
(15 miles over 15 years) ..............
1 ...................................................
0 ...................................................
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4.8 ................................................
2.2 ................................................
5 ...................................................
12 .................................................
(180 miles over 15 years) ............
4 ...................................................
8 ...................................................
(120 miles over 15 years) ............
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0.8.
1.7.
1.5.
4.0
(60 miles over 15 years).
3.
1.
(15 miles over 15 years).
07JAP1
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
TABLE 1.—SUMMARY OF NET BENEFITS OF THE PROPOSED RULE AND ALTERNATIVES—Continued
Category
2001 Roadless rule
Existing plans
Proposed rule
Leasable Minerals
Leasable Resources:
(existing leases).
Phosphate
Projected output is equal across all alternatives because (i) none of the alternatives prohibit road construction and reconstruction associated with existing leases and (ii) existing leases are expected to meet demand in reasonably foreseeable future. Approximately 2 million tons per year of phosphate ore projected
to be mined from approximately 8,100 Idaho Roadless Area acres under existing leases under all alternatives over an extended period of 15 years or more (6).
Leasable Resources:
(future leases).
Phosphate
Opportunities to recover phosphate from unleased known
phosphate areas within Idaho
Roadless Areas are negligible.
Leasable Resources: Geothermal
Development.
Estimated 603 million tons of
phosphate
deposits
from
13,400 unleased acres available for development. Development projected to occur only
over extended period, over 50+
years. Development could reduce Idaho Roadless Areas
acreage on Caribou-Targhee
by 1.8%.
Estimated 545 million tons of
phosphate
deposits
from
12,100 unleased acres available for development (road
construction
prohibited
on
primitive theme acres). Development projected to occur only
over extended period, over 50+
years. Development could reduce Idaho Roadless Areas
acreage on Caribou-Targhee
by 1.7%.
Trend data not available to speculate about reasonably foreseeable geothermal development across alternatives. Current lease applications could affect approximately 7,000 acres within Idaho Roadless Areas.
Negligible opportunities for development.
No opportunities on 40% of acreage.
Limited opportunities on 46% of
acreage.
Open or unrestricted opportunities
on 14% of acreage (i.e., 1.262
million GFRG acres).
249,500 acres of high geothermal
potential located within GFRG
acreage with slopes less than
40% (4).
457,700 acres of medium geothermal potential located within
GFRG acreage with slopes less
than 40% (4).
No opportunities on 93% of Idaho
Roadless Areas acreage.
Open or unrestricted opportunities
on 7% of acreage (i.e., 609,500
GFRG acres).
233,600 acres of high geothermal
potential located within GFRG
acreage with slopes less than
40% (4).
140,800 acres of medium geothermal potential located within
GFRG acreage with slopes less
than 40% (4).
Other Resource and Service Areas where Relative Impacts are Insignificant or Negligible Across Alternatives
Livestock Grazing ............................
Saleable minerals (sand, stone,
gravel, pumice, etc.).
Leasable Resources: Oil, Gas, and
Coal.
Locatable minerals (gold, silver,
lead, etc.).
Special-Uses: Energy Corridors ......
Differences in activity, revenue, and operating costs are expected to be minimal across alternatives. Existing processes will regulate management direction related to grazing (allotments and permitted use).
Differences in production of saleable minerals are projected to be minimal across alternatives due to the
relative inefficiencies of providing saleable minerals from Idaho Roadless Areas.
Differences in activity and revenue associated with oil, gas, and coal development are expected to be
minimal based on existing trends and inventories.
None of the alternatives affect rights of reasonable access to prospect and explore lands open to mineral
entry and develop valid claims under the General Mining Act of 1872.
None of the proposed corridors designated for oil, gas, and/or electricity under Section 368 of the Energy
Policy Act are within Idaho Roadless Areas. Opportunities for non-Section 368 corridors within Idaho
Roadless Areas are a function of the themes assigned to the areas proposed for corridor development; differences in opportunities across alternatives cannot be discerned.
ROADLESS CHARACTERISTICS
Scenery
jlentini on PROD1PC65 with PROPOSALS
Scenic Integrity ................................
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Potential reductions from high to low quality on 8,100 acres due to existing phosphate leases, across all
alternatives.
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07JAP1
Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
1147
TABLE 1.—SUMMARY OF NET BENEFITS OF THE PROPOSED RULE AND ALTERNATIVES—Continued
Category
2001 Roadless rule
Existing plans
Proposed rule
High or very high scenic integrity
retained
on
most
Idaho
Roadless Areas.
Potential for lower scenic quality
on 5.5 million acres due to permissions in management prescriptions for timber cutting,
road construction/reconstruction
and discretionary mineral activities, but reasonably foreseeable losses are small given
projections of activities in Idaho
Roadless Areas (8).
Management prescriptions on remaining 3.8 million acres expected to protect high to very
high scenic integrity.
Long-term reductions on 13,400
acres are possible from new
phosphate leasing within Idaho
Roadless Areas (5).
Potential for lower scenic quality
on 5.9 million acres due to
management theme assignments and associated permissions for timber cutting, road
construction/reconstruction and
discretionary mineral activities,
but reasonably foreseeable
losses are small given projections of activities in Idaho
Roadless Areas (8).
Management prescriptions on remaining 3.4 million acres expected to protect high to very
high scenic integrity.
Long-term reductions on 12,100
acres are possible from new
phosphate leasing within Idaho
Roadless Areas (5).
Wilderness
Existing Wilderness Areas and Experience.
Recommended Wilderness .............
Wilderness Characteristics ..............
1,726,000 acres of roadless
areas located adjacent to existing wilderness.
Limited to no indirect effect to wilderness from activities in
roadless areas.
No change or effect to recommended wilderness in existing plans.
Majority of roadless areas retain
their existing character.
158,000 acres of GFRG and
842,000 acres of backcountry
located adjacent to existing wilderness.
Limited potential for impacts to
wilderness experience.
Existing
plans
recommend
1,320,900
as
wilderness
1,378,600 acres in wild land
recreation.
• 57,700 acres of additional
protection.
Some recommended wilderness
areas in the Boulder-White
Clouds and Winegar roadless
areas would be managed as
primitive.
6,900 acres in Mallard Larkins
would
be
managed
as
backcountry.
Areas developed could have reduced wilderness character.
Activities in GFRG may not
change wilderness character if
prior activities are still evident.
9,000 acres of GFRG and
954,000 acres of backcountry
located adjacent to existing wilderness.
Limited potential for impacts to
wilderness experience.
Areas developed could have reduced wilderness character.
Activities in GFRG may not
change wilderness character if
prior activities are still evident.
Sensitive Species
Botanical Resources (Biodiversity),
Wildlife, and Aquatic Species and
Habitat.
Reasonably foreseeable effects to all species from activities on acreage associated with existing phosphate leases apply across all alternatives. All projects and development associated with predicted activities
would be subject to NEPA and other regulatory requirements related to monitoring and mitigation for sensitive species.
Beneficial effects expected ..........
Beneficial effects expected in wild
land recreation, primitive, or
SAHTS; Some potential risk of
adverse effects in management
prescriptions
similar
to
backcountry and GFRG.
Beneficial effects expected in wild
land recreation, primitive, or
SAHTS; Limited potential risk
of
adverse
effects
in
backcountry; some potential
risk in GFRG.
jlentini on PROD1PC65 with PROPOSALS
Number of Occurrences of Known Sensitive Plant Populations, by Theme
Wild Land ........................................
Primitive ...........................................
SAHTS ............................................
Backcountry .....................................
GFRG ..............................................
Forest Plan Special Areas ..............
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0 ...................................................
0 ...................................................
0 ...................................................
1,165 ............................................
0 ...................................................
0 ...................................................
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166 ...............................................
0 ...................................................
523 ...............................................
84 .................................................
265 ...............................................
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147
1
601
10
265
07JAP1
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
TABLE 1.—SUMMARY OF NET BENEFITS OF THE PROPOSED RULE AND ALTERNATIVES—Continued
Category
2001 Roadless rule
Existing plans
Proposed rule
Greatest opportunity for developed and road-based recreation to occur and expand, but
magnitude of shift is tempered
by limited amount of construction projected to occur.
No measurable change to dispersed recreation opportunities,
except if unleased phosphate
deposits (13,400 acres) are developed. Feeling of remoteness
or solitude may change if timber cutting or road construction/
reconstruction occurs (projected 42,000 acres timber cutting and 180 miles of road construction/reconstruction over 15
years.
Road construction/reconstruction
generally permitted to access
new developed recreations
sites on management prescriptions similar to backcountry and
GFRG (5.5 million acres), but
there are no foreseeable developments.
Potentially the greatest level of
protection for dispersed recreation, foreseeable threats from
construction and development
are remote.
No measurable change to dispersed recreation opportunities,
except if unleased phosphate
deposits (12,100 acres) are developed. Feeling of remoteness
or solitude may change if timber cutting or road construction/
reconstruction occurs (projected 12,000 acres timber cutting and 60 miles of road construction/reconstruction over 15
years).
Road construction/reconstruction
permitted to access new developed recreations sites management in GFRG (.6 million
acres), but there are no foreseeable developments.
Recreation
Recreation (3) .................................
Relatively high potential for maintaining existing dispersed recreation opportunities; little potential for increasing developed
recreation.
No measurable change to dispersed recreation opportunities.
Feeling of remoteness or solitude may change if timber cutting or road construction/reconstruction
occurs
(projected
1,500 acres timber cutting and
15 miles of road construction/
reconstruction over 15 years.
No road construction/reconstruction permitted to access new
developed recreations sites
(9.3 million acres).
Special Uses ...................................
Reasonably foreseeable differences in effects across alternatives are expected to be minimal given projected levels of road construction and timber cutting. Existing permits unaffected.
Hunting and Fishing ........................
No effect to opportunities .............
Opportunities could be affected in
locations of phosphate leasing
and geothermal development.
No effect from timber cutting
and limited road construction.
Opportunities could be affected in
locations of phosphate leasing
and geothermal development.
No effect from timber cutting
and limited road construction.
Other Resource and Service Areas where Relative Impacts are Negligible or Minimal Across Alternatives
Cultural Resources ..........................
Before management actions taking place on the ground under any alternative or theme, cultural resource
inventories and appropriate mitigation are required by law. Differences in risk to cultural resources are not
expected to be significant across alternatives due to projected levels of road construction and short-term
use and fate of new roads.
Low potential for disturbance and Low to moderate potential for dis- Low potential for disturbance and
vandalism.
turbance and vandalism.
vandalism.
Air, Soils, and Water .......................
Projected levels of road construction and timber cutting across alternatives expected to have minimal effect. Levels of prescribed burning will vary to slight extent but subject to strict guidelines for minimizing air
impacts. Minimal differences in effects on impaired surface waters (303(d) listed waters) and surface
sources of drinking water. Negligible differences in effects on soils from road construction associated with
timber cutting. Effects on high hazard soils from road construction associated with phosphate mining are
likely, but effects are equivalent across alternatives for existing leases and projected to occur well in the
future (>50 years) on the Caribou Targhee NF for unleased areas.
The magnitude and rapidity of climate change is uncertain, particularly at the finer scales such as Idaho
Roadless Areas within forests. Variable impacts across alternatives are therefore not quantified.
Current access for the harvest of non-timber products is not expected to change under the proposed rule.
Assignment of Idaho Roadless Area acres to themes that restrict road construction may limit access
opportunities for some individuals, but construction may also reduce availability of some species. Projected changes in road miles are minimal across alternatives.
Climate Change ..............................
Non-timber products ........................
AGENCY COSTS AND REVENUES
jlentini on PROD1PC65 with PROPOSALS
Roads ..............................................
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Reasonably foreseeable differences in agency costs (planning, design, and maintenance) are expected to
be small given low road mile construction projections, as well as the fact that new roads will often be
temporary and/or single-purpose.
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07JAP1
Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
1149
TABLE 1.—SUMMARY OF NET BENEFITS OF THE PROPOSED RULE AND ALTERNATIVES—Continued
Category
2001 Roadless rule
Existing plans
Proposed rule
Timber Program: Vegetation and
Fuels Treatments.
Lowest total acreage projected for
treatment, implying low aggregate timber program costs.
However, per unit treatment
costs are expected to be highest, implying lower probability
of viable sales.
Potential loss in net revenue for
Idaho Panhandle NF relative to
the proposed rule (2).
Highest total acreage projected
for treatment, implying higher
aggregate
timber
program
costs. Per unit treatment costs
are expected to be lower, implying higher probability for
positive net revenue and viable
sales.
Potential gain in net revenue for
Idaho Panhandle, Clearwater,
and Nez Perce NFs, relative to
the proposed rule (2).
Intermediate amount of acreage
projected for treatment, implying moderate aggregate timber
program costs, relative to the
2001 rule and existing plans.
Per unit treatment costs are expected to be lower, implying
higher probability for positive
net revenue and viable sales.
Potential gain in net revenue for
the Idaho Panhandle NF relative to the 2001 rule, and potential loss in net revenue for
the Idaho Panhandle, Clearwater, and Nez Perce NFs, relative to existing plans (2).
(1) Percentage of average harvest on all National Forest System land within Idaho that occurred between 2002 and 2006. Harvest primarily attributable to stewardship and treatments for forest health and fuels management.
(2) Projections based on average historic net revenue per unit of harvest and projected harvests. It is recognized that an individual sale within
any given forest unit may be below or above cost.
(3) The proposed rule does not provide direction on where and when OHV use would be permissible.
(4) Lease approvals subject to NEPA and other regulatory requirements. Acceptable slopes for leasing likely to be <4%.
(5) Upon completion of mining, scenic levels would be upgraded to a level commensurate with reclamation implemented.
(6) 1,100 acres under existing leases are likely to be mined in 15 years in Sage Creek and Meadow Peak Idaho Roadless Areas, with the remaining acres (7,000) expected to be mined over a more extended period.
(7) Includes land in forest plan special use areas.
(8) Reductions from high/very high to moderate scenic integrity.
(9) 25% or more tree mortality can be expected over the next 15 years.
TABLE 2.—SUMMARY OF DISTRIBUTIONAL EFFECTS AND ECONOMIC IMPACTS OF THE PROPOSED RULE AND ALTERNATIVES
Category
2001 Roadless rule
Existing plans
Proposed rule
304/yr ...........................................
$7,651,000/yr ...............................
Northern
(Idaho
Panhandle),
southeastern (Caribou/Targhee
NF), and central (Clearwater
and Nez Perce NF) EAs.
91/yr.
$1,935,000/yr.
Northern (Idaho Panhandle), and
southeastern (Caribou/Targhee
NF) EAs.
Timber Cutting
Jobs (1) ...........................................
Labor income (1) .............................
Location of Jobs: BEA ....................
Economic Areas (EA) ......................
13/yr .............................................
$343,000/yr ..................................
Northern EA (Idaho Panhandle
NF).
Leasable Minerals Phosphate
Jobs and labor income (1) ..............
No changes in jobs (582/year) or labor income ($23.5 million/yr) contributed by phosphate extraction on
existing leases within Idaho Roadless Areas, because none of the alternatives affect existing leases.
No new leases on Idaho
Roadless Area likely to be feasible.
Jobs and income from new
leases on unleased phosphate
reserve areas within Idaho
Roadless Areas in the southeastern EA are expected to
occur over an extended period
(>50 yrs).
Jobs and income from new
leases on unleased phosphate
reserve areas within Idaho
Roadless Areas in the southeastern EA are expected to
occur over an extended period
(>50 yrs).
Road Construction and Reconstruction
Jobs (1) ...........................................
Labor income (1) .............................
Location of Jobs: BEA ....................
Economic Areas (EA) ......................
2/yr ...............................................
$100,000/yr ..................................
Northern and southeastern EAs ..
12/yr .............................................
$467,000/yr ..................................
Northern, southeastern, and central EAs.
4/yr.
$150,000/yr.
Northern and southeastern EAs.
jlentini on PROD1PC65 with PROPOSALS
Revenue Sharing and Resource Dependent Communities
Timber-Dependent Counties (2) .....
VerDate Aug<31>2005
18:51 Jan 04, 2008
Northern EA: Boundary, Bonner, Kootenai, Benewah, Latah, Ferry (WA), Pend Oreille (WA), Shoshone,
and Stevens (WA).
Central EA: Clearwater, Idaho, Lewis, Nez Perce, and Asotin (WA).
Southeastern EA: Bear Lake.
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07JAP1
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
TABLE 2.—SUMMARY OF DISTRIBUTIONAL EFFECTS AND ECONOMIC IMPACTS OF THE PROPOSED RULE AND
ALTERNATIVES—Continued
Category
2001 Roadless rule
Existing plans
Proposed rule
Revenue Sharing ............................
Payments to counties are expected to remain the same under all alternatives as long as the Secure Rural
Schools and Community Self-Determination Act remains in effect. If SRSA is allowed to lapse, timber-dependent counties are likely to experience the greatest loss. Mineral-based payments to states are a function of leasable receipts, but no differences in phosphate production are projected across alternatives over
the next 15 years.
Adverse Impacts to Small Entity
Opportunities.
Greatest potential, given restrictions associated with the
backcountry theme.
Least potential, given fewest Lower potential relative to the
management theme restrictions.
2001 rule, and potential for
some isolated impacts (e.g.,
northern and central EAs) relative to existing plans.
(1) Jobs and income contributed annually (2007$). Based on projected levels of timber cutting, road construction, and phosphate mining output
per year, conversion of physical output to final demand $) using FEAST (citation), and application of IMPLAN multipliers (Minnesota IMPLAN
Group 2003).
Counties where 10% of total labor income is attributable to timber-related sectors. Little or no potential for adverse impacts to the local economy is predicted for these counties under the proposed rule relative to the 2001 rule but some potential for adverse impacts exists compared to
existing plans. Changes in jobs and income are not projected for phosphate mining, but counties dependent on phosphate mining include Caribou, Oneida, Power, and Bannock in the southeastern EA.
jlentini on PROD1PC65 with PROPOSALS
Proper Consideration of Small Entities
This proposed rule has also been
considered in light of Executive Order
13272 regarding proper consideration of
small entities and the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), which amended the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.). The Forest Service with the
assistance of the State has determined
that this action will not have a
significant economic impact on a
substantial number of small entities as
defined by the E.O. 13272 and SBREFA.
Therefore, a regulatory flexibility
analysis is not required for this
proposed rule.
For many activities and/or program
areas, small entity opportunities under
the proposed rule are projected to
increase, relative to the 2001 rule
because of easing of restrictions on
selected activities under the
backcountry management theme and
adoption of the less-restrictive GFRG
management theme for a number of
Idaho Roadless Areas under the
proposed rule. Exceptions include the
potential for losses in small entity
opportunities associated with timber
cutting in the northern and central EAs,
relative to existing plans. However,
recent harvests from Idaho Roadless
Areas, as represented by projected
harvests under the 2001 rule, have been
equal to or less than the volumes
projected under the proposed rule, and
small business shares are being met for
the most part for forest units in these
EAs. It is unlikely that opportunities for
small entities associated with phosphate
mining will decrease under the
proposed rule given the size of
corporations currently operating mines
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in Idaho and flexibility offered by
management theme assignments.
Controlling Paperwork Burdens on the
Public
This proposed rule does not call for
any additional recordkeeping or
reporting requirements or other
information collection requirements as
defined in 5 CFR part 1320 that are not
already required by law or not already
approved for use (OMB 0596–0178) and,
therefore, imposes no additional
paperwork burden on the public.
Accordingly, the review provisions of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501, et seq.) and its
implementing regulations at 5 CFR part
1320 do not apply.
Federalism
The Department has considered this
proposed rule under the requirements of
Executive Order 13132 issued August 4,
1999 (E.O. 13132), Federalism. The
Department has made an assessment
that the proposed rule conforms with
the Federalism principles set out in E.O.
13132; would not impose any
compliance costs on the states; and
would not have substantial direct effects
on the states, on the relationship
between the national government and
the states, nor on the distribution of
power and responsibilities among the
various levels of government. Therefore,
the Department concludes that this
proposed rule does not have Federalism
implications. This proposed rule is
based on a petition submitted by the
State of Idaho under the Administrative
Procedure Act at 5 U.S.C. § 553(e) and
pursuant to Department of Agriculture
regulations at 7 CFR § 1.28. The State’s
petition was developed with
involvement of local governments. The
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State has been a cooperating agency for
the development of this proposed rule.
State and local governments are
encouraged to comment on this
proposed rule, in the course of this
rulemaking process.
Consultation With Indian Tribal
Governments
The United States has a unique
relationship with Indian Tribes as
provided in the Constitution of the
United States, treaties, and federal
statutes. These relationships extend to
the Federal government’s management
of public lands and the Forest Service
strives to assure that its consultation
with Native American Tribes is
meaningful, in good faith, and entered
into on a government-to-government
basis.
On September 23, 2004, President
George W. Bush issued Executive
Memorandum Government-toGovernment Relationship with Tribal
Governments recommitting the Federal
government to work with federally
recognized Native American Tribal
governments on a government-togovernment basis and strongly
supporting and respecting Tribal
sovereignty and self-determination.
Management of roadless areas has
been a topic of interest and importance
to Tribal governments. During
promulgation of the 2001 Roadless Rule,
Forest Service line officers in the field
were asked to make contact with Tribes
to ensure awareness of the initiative and
of the rulemaking process. Outreach to
Tribes was conducted at the national
forest and grassland level, which is how
Forest Service government-togovernment dialog with Tribes is
typically conducted. Tribal
representatives remained engaged
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concerning these issues during the
subsequent litigation and rulemaking
efforts.
The State’s petition identifies that a
vital part of its public process in
developing its petition were the
recommendations and comments
received from Native American Tribes.
The Governor’s office was keenly aware
of the spiritual and cultural significance
some of these areas hold for the Tribes.
The State solicited input from the Coeur
D’Alene, Kootenai, Nez Perce,
Shoshone-Bannock, and ShoshonePaiute Tribes. The State and Forest
Service have endeavored to reflect those
interests and concerns in the proposed
rule. Based on that input, the State and
Forest Service developed a special
theme to recognize and address certain
roadless areas with special areas of
historic or Tribal significance, including
Pilot Knob, the Nimiipuu, and Lewis
and Clark Historic Trails.
Pursuant to Executive Order 13175 of
November 6, 2000, ‘‘Consultation and
Coordination with Indian Tribal
Governments,’’ the Department has
assessed the impact of this proposed
rule on Indian Tribal governments and
has determined that the proposed rule
does not significantly or uniquely affect
Indian Tribal government communities.
The proposed rule would establish
direction governing the management
and protection of Idaho Roadless Areas,
however, the proposed rule respects
prior existing rights, and it addresses
discretionary Forest Service
management decisions involving road
construction, timber harvest, and some
mineral activities. The Department has
also determined that this proposed rule
does not impose substantial direct
compliance costs on Indian Tribal
governments. This proposed rule does
not mandate Tribal participation in
roadless management of the planning of
activities in Idaho Roadless Areas.
Rather, the Forest Service officials are
obligated by other agency policies to
consult early with Tribal governments
and to work cooperatively with them
where planning issues affect Tribal
interests.
No Takings Implications
This proposed rule has been analyzed
in accordance with the principles and
criteria contained in Executive Order
12630 issued March 15, 1988. It has
been determined that the proposed rule
does not pose the risk of a taking of
private property.
Civil Justice Reform
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. After adoption of this
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proposed rule, (1) all State and local
laws and regulations that conflict with
this proposed rule or that would impede
full implementation of this proposed
rule will be preempted; (2) no
retroactive effect would be given to this
proposed rule; and (3) this proposed
rule would not require the use of
administrative proceedings before
parties could file suit in court
challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), the Department has
assessed the effects of this proposed rule
on State, local, and Tribal governments
and the private sector. This proposed
rule does not compel the expenditure of
$100 million or more by State, local, or
Tribal governments or anyone in the
private sector. Therefore, a statement
under section 202 of the Act is not
required.
Energy Effects
This proposed rule has been reviewed
under Executive Order 13211 of May 18,
2001, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use. It has been
determined that this proposed rule does
not constitute a significant energy action
as defined in the Executive order. As
explained above and in greater detail in
the DEIS, this proposed rule is not
expected to significantly affect energy
supplies, distribution, or use. The
proposed rule does not disturb existing
access or mineral rights, restrictions on
saleable mineral materials are narrow,
and no oil and gas leasing is currently
underway or projected for these lands.
The proposed rule also provides
regulatory mechanism for consideration
of requests for modification of
restrictions if adjustments are
determined to be necessary in the
future. Therefore, this action is not a
significant energy action and no
Statement of Energy Effects is required.
List of Subjects in 36 CFR Part 294
National Forests, Recreation areas,
Navigation (air), State petitions for
inventoried roadless area management.
Therefore, for the reasons set forth in
the preamble, the Forest Service
proposes to amend part 294 of Title 36
of the Code of Federal Regulations by
adding new subpart C to read as follows:
PART 294—SPECIAL AREAS
Subpart C—Idaho Roadless Area
Management
Sec.
294.20
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1151
294.21 Definitions.
294.22 Idaho Roadless Areas.
294.23 Road construction and
reconstruction in Idaho Roadless Areas.
294.24 Mineral activities in Idaho Roadless
Areas.
294.25 Timber cutting, sale, or removal in
Idaho Roadless Areas.
294.26 Other activities in Idaho Roadless
Areas.
294.27 Scope and applicability.
294.28 List of designated Idaho Roadless
Areas.
Subpart C—Idaho Roadless Area
Management
Authority: 16 U.S.C. 472, 529, 551, 1608,
1613; 23 U.S.C. 201, 205.
§ 294.20
Purpose.
(a) The purpose of this subpart is to
provide, in the context of multiple-use
management, lasting protection for
designated inventoried roadless areas in
the national forests in Idaho. These
rules set forth the procedures for
management of Idaho Roadless Areas
notwithstanding any other regulatory
provision set forth in part 294.
(b) Consistent with the Multiple-Use
Sustained-Yield Act of 1960 (16 U.S.C.
528–531), the goal of managing the
National Forest System is to sustain in
perpetuity the productivity of the land
and the multiple uses of its renewable
resources. These renewable resources
are to be managed so that they are used
in the combination that will best meet
the needs of the American people.
§ 294.21
Definitions.
The following terms and definitions
apply to this subpart.
At-risk Community: As defined under
section 101 of the Healthy Forests
Restoration Act the term ‘‘at riskcommunity’’ means an area:
(1) That is comprised of:
(i) An interface community as defined
in the notice entitled ‘‘Wildland Urban
Interface Communities Within the
Vicinity of Federal Lands That Are at
High Risk From Wildfire’’ issued by the
Secretary of Agriculture and the
Secretary of the Interior in accordance
with Title IV of the Department of the
Interior and Related Agencies
Appropriations Act, 2001 (Pub. L. 106–
291); or
(ii) A group of homes and other
structures with basic infrastructure and
services (such as utilities and
collectively maintained transportation
routes) within or adjacent to Federal
land;
(2) In which conditions are conducive
to a large-scale wildland fire
disturbance event; and
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(3) For which a significant threat to
human life or property exists as a result
of a wildland fire disturbance event.
Backcountry/restoration theme: An
Idaho Roadless Area classification
intended to retain undeveloped
character, while providing a variety of
recreation opportunities and allowing
for limited forest health activities
including preserving biological
strongholds for a variety of species and
maintaining or restoring the
characteristics of ecosystem
composition and structure.
Forest road: As defined at 36 CFR
212.1, a ‘‘forest road’’ means a road
wholly or partly within or adjacent to
and serving the National Forest System
that the Forest Service determines is
necessary for the protection,
administration, and utilization of the
National Forest System and the use and
development of its resources.
General forest, rangeland, and
grassland theme: An Idaho Roadless
Area classification intended to provide
a variety of goods and services as well
as a broad range of recreational
opportunities and conservation of
natural resources.
Idaho roadless areas: Areas
designated pursuant to this rule and
identified in a set of maps maintained
at the national headquarters office of the
Forest Service.
Municipal water supply system: As
defined under section 101 of the
Healthy Forests Restoration Act, the
term ‘‘municipal water supply system’’
means the reservoirs, canals, ditches,
flumes, laterals, pipes, pipelines, and
other surface facilities and systems
constructed or installed for the
collection, impoundment, storage,
transportation, or distribution of
drinking water.
Primitive theme: An Idaho Roadless
Area classification intended to remain
relatively undisturbed by human
management activities while allowing
for limited forest health activities
including preserving biological
strongholds for a variety of species and
protecting ecological integrity.
Responsible official: The Forest
Service line officer with the authority
and responsibility to make decisions
about protection and management of
Idaho Roadless Areas pursuant to this
subpart.
Road: As defined at 36 CFR 212.1, a
‘‘road’’ means a motor vehicle route
over 50 inches wide, unless identified
and managed as a trail.
Road construction and
reconstruction: As defined at 36 CFR
212.1, ‘‘road construction or
reconstruction’’ means supervising,
inspecting, actual building, and
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incurrence of all costs incidental to the
construction or reconstruction of a road.
Road maintenance: The ongoing
upkeep of a road necessary to retain or
restore the road to the approved road
management objective.
Road realignment: Activity that
results in a new location of an existing
road or portions of an existing road, and
treatment of the old roadway.
Roadless characteristics: Resources or
features that are often present in and
characterize Idaho Roadless Areas,
including:
(1) High quality or undisturbed soil,
water, and air;
(2) Sources of public drinking water;
(3) Diversity of plant and animal
communities;
(4) Habitat for threatened,
endangered, proposed, candidate, and
sensitive species, and for those species
dependent on large, undisturbed areas
of land;
(5) Primitive, semi-primitive nonmotorized, and semi-primitive
motorized classes of dispersed
recreation;
(6) Reference landscapes;
(7) Natural appearing landscapes with
high scenic quality;
(8) Traditional cultural properties and
sacred sites; and
(9) Other locally identified unique
characteristics.
Significant risk: A natural resource
condition threatening an at-risk
community or municipal water supply
system.
Special area of historic or tribal
significance theme: An Idaho Roadless
Area classification intended to be
relatively undisturbed by human
management activities in order to
maintain unique Tribal or historic
characteristics.
Substantially altered portion: An area
within an Idaho Roadless Area where
past road construction, timber cutting,
or other uses have materially
diminished the area’s roadless
characteristics.
Temporary road: As defined at 36
CFR 212.1, a ‘‘temporary road’’ is a road
necessary for emergency operations or
authorized by contract, permit, lease, or
other written authorization that is not a
forest road and that is not included in
a forest transportation atlas.
Wild land recreation theme: An Idaho
Roadless Area classification intended to
areas show little evidence of humancaused disturbance, and natural
conditions and processes are
predominant.
§ 294.22
Idaho Roadless Areas.
(a) Designations. All National Forest
System lands within the State of Idaho
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listed in § 294.28 are hereby designated
as Idaho Roadless Areas.
(b) Maps. The Chief shall maintain
and make available to the public a map
of each Idaho Roadless Area, including
records regarding any corrections or
modifications of such maps pursuant to
§ 294.27(e).
(c) Management classifications.
Management classifications for Idaho
Roadless Areas express a management
continuum that includes at one end, a
restrictive approach emphasizing
passive management and natural
restoration approaches, and on the other
end, active management designed to
accomplish sustainable forest,
rangeland, and grassland management.
The following management
classifications are established:
(1) Wild Land Recreation,
(2) Special Areas of Historic or Tribal
Significance,
(3) Primitive,
(4) Backcountry/Restoration, and
(5) General Forest, Rangeland, and
Grassland
(d) Activities in Idaho Roadless Areas
shall be consistent with the applicable
management classification listed for
each area under § 294.28.
§ 294.23 Road construction and
reconstruction in Idaho Roadless Areas.
(a) Wild land recreation, special areas
of historic or tribal significance, or
primitive. Road construction and
reconstruction are prohibited in Idaho
Roadless Areas listed under § 294.28;
however, a road may be constructed or
reconstructed in an area listed as wild
land recreation, special area of historic
or Tribal significance, or primitive when
provided by statute, treaty, pursuant to
reserved or outstanding rights, or other
legal duty of the United States.
(b) Backcountry/restoration. (1) Road
construction and reconstruction are
allowed in Idaho Roadless Areas listed
under § 294.28 only if the responsible
official determines that it meets one or
more of the following criteria:
(i) A road is needed to protect public
health and safety in cases of significant
risk or imminent threat of flood,
wildland fire, or other catastrophic
event that, without intervention, would
cause the loss of life or property; or to
facilitate forest health activities
permitted under § 294.25(c)(1);
(ii) A road is needed 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, section 311 of the Clean Water
Act, or the Oil Pollution Act;
(iii) A road is needed pursuant to
statute, treaty, reserved or outstanding
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rights, or other legal duty of the United
States;
(iv) Road realignment is needed to
prevent resource damage that arises
from the design, location, use, or
deterioration of a forest road and cannot
be mitigated by road maintenance. Road
realignment may occur under this
paragraph only if the road is deemed
essential for public or private access,
natural resource management, or public
health and safety;
(v) Road construction is needed to
implement a road safety improvement
project on a road determined to be
hazardous based on accident experience
or accident potential on that road; or
(vi) The Secretary of Agriculture
determines that a Federal aid highway
project, authorized pursuant to Title 23
of the United States Code, is in the
public interest or is consistent with the
purpose for which the land was
reserved or acquired and no other
reasonable and prudent alternative
exists.
(vii) A road is needed in conjunction
with activities permissible under the
limited mineral activity exceptions set
forth in § 294.24.
(2) Any road constructed pursuant to
paragraph (b)(1) of this section must be
a temporary road unless the responsible
official determines that a forest road
meets a criterion set forth in paragraphs
(b)(1)(i) through (vii) of this section and
the addition of a forest road will not
substantially alter roadless
characteristics as defined in this
proposed rule.
(3) Maintenance of forest or temporary
roads is permissible in areas listed as
backcountry/restoration in § 294.28.
(c) General forest, rangeland, and
grassland. (1) A forest or temporary road
may be constructed or reconstructed in
Idaho Roadless Areas listed in § 294.28
after the necessary environmental
analysis is completed.
(2) Maintenance of forest and
temporary roads is permissible as
provided in § 294.28.
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§ 294.24 Mineral activities in Idaho
Roadless Areas.
(a) Nothing in this subpart shall be
construed as expressly or implicitly
restricting mineral leases, contracts,
permits, and associated activities
(including, but not limited to, access
and road construction or reconstruction,
surface use, and occupancy) authorized
prior to the effective date of the final
rule; including any subsequent renewal,
reissuance, continuation, extension, or
modification, or new legal instruments,
for mineral and associated activities on
these or adjacent lands. Nothing in this
subpart shall affect mining activities
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conducted pursuant to the General
Mining Law of 1872.
(b) After [final rule effective date], the
Forest Service will not authorize sale of
common variety mineral materials in
Idaho Roadless Areas that are listed to
be managed pursuant to wild land
recreation, special areas of historic or
Tribal significance, or primitive themes.
(c) After [final rule effective date], the
Forest Service will not recommend,
authorize, or consent to road
construction, road reconstruction, or
surface occupancy associated with
mineral leases in Idaho Roadless Areas
that are listed to be managed pursuant
to wild land recreation, special areas of
historic or Tribal significance, and
primitive themes.
(d) After [final rule effective date], the
Forest Service will not recommend,
authorize, or consent to road
construction or reconstruction
associated with mineral leases in Idaho
Roadless Areas that are listed as
backcountry/restoration; except such
road construction or reconstruction may
be authorized in association with
phosphates leasing. Surface use or
occupancy without road construction or
reconstruction is permissible for all
mineral leasing.
(e) After [final rule effective date], the
Forest Service may authorize the use or
sale of common variety mineral
materials, and associated road
construction or reconstruction to access
these mineral materials, in Idaho
Roadless Areas that are listed as
backcountry/restoration only if the use
of these mineral materials is incidental
to an activity otherwise allowed under
this proposed rule.
(f) After [final rule effective date], the
Forest Service may recommend,
authorize, or consent to activities
associated with mineral leases in Idaho
Roadless Areas that are designated to be
managed pursuant to general forest,
rangeland, and grassland theme.
(g) Road construction or
reconstruction associated with mining
activities allowed under this subsection
must be conducted in a manner that
minimizes effects on surface resources,
prevents unnecessary or unreasonable
surface disturbances, and complies with
all applicable lease requirements, land
and resource management plans except
as provided in § 294.27(b), regulations,
and laws. Roads constructed or
reconstructed pursuant to this
subsection must be decommissioned
when no longer needed or upon
expiration of the lease, contract, or
permit, whichever is sooner.
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1153
§ 294.25 Timber cutting, sale, or removal
in Idaho Roadless Areas.
(a) Wild land recreation. The cutting,
sale, or removal of timber is prohibited
unless the responsible official
determines:
(1) It is for personal or administrative
use, as provided for in 36 CFR part 223;
or
(2) It is incidental to the
implementation of a management
activity not otherwise prohibited by this
subpart.
(b) Special areas of historic or tribal
significance, or primitive. The cutting,
sale, or removal of timber is prohibited
unless existing roads or aerial harvest
systems are used and the responsible
official determines that:
(1) The cutting, sale, or removal of
timber will maintain or improve one or
more of the roadless characteristics as
defined in this proposed rule and is
needed for one of the following
purposes:
(i) To improve threatened,
endangered, proposed, or sensitive
species habitat; or
(ii) To maintain or restore the
characteristics of ecosystem
composition and structure or to reduce
the significant risk of wildland fire
effects.
(2) The cutting, sale, or removal of
timber is:
(i) For personal or administrative use,
as provided for in 36 CFR part 223; or
(ii) Incidental to the implementation
of a management activity not otherwise
prohibited by this subpart.
(c) Backcountry/restoration. Timber
may be cut, sold, or removed if the
responsible official determines that one
of the following circumstances exists.
(1) The cutting, sale, or removal of
timber will maintain or improve one or
more of the roadless characteristics as
defined in this proposed rule and is
needed for one of the following
purposes:
(i) To improve threatened,
endangered, proposed, or sensitive
species habitat; or
(ii) To maintain or restore the
characteristics of ecosystem
composition and structure or to reduce
the significant risk of wildland fire
effects.
(2) The cutting, sale, or removal of
timber is:
(i) For personal or administrative use,
as provided for in 36 CFR part 223;
(ii) Incidental to the implementation
of a management activity not otherwise
prohibited by this subpart; or
(iii) In a substantially altered portion
of an Idaho Roadless Area designated as
backcountry/restoration, which has
been altered due to the construction of
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a forest road and subsequent timber
cutting. Both the road construction and
subsequent timber cutting must have
occurred prior to the effective date of
this rule.
(d) General forest, rangeland, and
grassland. Timber may be cut, sold, or
removed upon the discretion of the
responsible official consistent with the
applicable forest plan except as
provided in § 294.27(b) after the
required site-specific environmental
analysis, including public involvement,
is completed.
§ 294.26
Areas.
Other Activities in Idaho Roadless
(a) Motorized travel. Nothing in this
subpart shall be construed as expressly
or implicitly affecting the current or
future management status of existing
roads or trails in Idaho Roadless Areas.
Decisions concerning the future
management and/or status of existing
roads or trails in Idaho Roadless Areas
under this rule shall be made during the
applicable travel management
processes.
(b) Grazing. Nothing in this subpart
shall be construed as expressly or
implicitly affecting the current
management status of existing grazing
allotments in Idaho Roadless Areas.
Future road construction or
reconstruction associated with grazing
operations shall conform to this rule.
(c) Motorized equipment and
mechanical transport. Nothing in this
subpart shall be construed as expressly
or impliedly affecting the current or
future management status of the existing
use of motorized equipment and
mechanical transport in Idaho Roadless
Areas. Decisions concerning the future
management and/or use of motorized
equipment and mechanical transport in
Idaho Roadless Areas under this rule
shall be made during the applicable
forest planning processes.
§ 294.27
Scope and applicability.
(a) This subpart does not revoke,
suspend, or modify any permit,
contract, or other legal instrument
authorizing the occupancy and use of
National Forest System land issued
prior to [final rule effective date].
(b) The provisions set forth in this
subpart shall take precedence over any
inconsistent regulatory provision
(including, to the extent it has any
current legal effect, the regulations
contained in subpart B of this part) or
land and resource management plan.
This subpart does not compel the
amendment or revision of any land and
resource management plan.
(c) This subpart does not revoke,
suspend, or modify any project or
activity decision made prior to [final
rule effective date].
(d) This subpart is not subject to
reconsideration, revision, or rescission
in subsequent project decisions or land
and resource management plan
amendments or revisions undertaken
pursuant to 36 CFR part 219.
(e) Correction or modification may
occur under the following
circumstances:
(1) Administrative corrections. The
Chief of the Forest Service may issue
administrative corrections to the maps
of lands identified in § 294.22(b) at any
time. Corrections are effective upon
public notice. Administrative
corrections include, but are not limited
to, adjustments that remedy clerical,
typographical, mapping errors, or
improvements in mapping technology.
(2) Modifications. The Chief may add
to, remove from, or modify the
designations and management
classifications listed in § 294.28 based
on changed circumstances or public
need. If such modification would result
in a significant change, public
involvement comparable to that
required for the promulgation of this
rule shall be conducted; that is, notice
and comment rulemaking. Factors to be
considered in assessing the significance
of the modifications include location
and size, degree of change, and the
purpose of the modification. At least 30
days public notice shall be given prior
to any non-significant modification of
the classifications of lands listed in
§ 294.28.
(f) If any provision of the rules in this
subpart or its application to any person
or to certain circumstances is held
invalid, the remainder of the regulations
in this subpart and their application
remain in force.
§ 294.28 LIST OF DESIGNATED IDAHO ROADLESS AREAS.
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Bald Mountain ...............................
Bear Wallow .................................
Bernard .........................................
Black Lake ....................................
Blue Bunch ...................................
Breadwinner ..................................
Burnt Log ......................................
Cathedral Rocks ...........................
Caton Lake ...................................
Cow Creek ....................................
Danskin .........................................
Deadwood .....................................
Elk Creek ......................................
Grand Mountain ............................
Grimes Pass .................................
Hanson Lakes ...............................
Hawley Mountain ..........................
Horse Heaven ...............................
House Mountain ...........................
Lime Creek ...................................
Lost Man Creek ............................
Meadow Creek .............................
Mt Heinen .....................................
Nameless Creek ...........................
Needles .........................................
Peace Rock ..................................
Poison Creek ................................
18:51 Jan 04, 2008
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Primitive
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Forest
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07JAP1
1155
Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
§ 294.28 LIST OF DESIGNATED IDAHO ROADLESS AREAS.—Continued
#
jlentini on PROD1PC65 with PROPOSALS
Forest
Idaho roadless area
Boise ...........................
Boise ...........................
Boise ...........................
Boise ...........................
Boise ...........................
Boise ...........................
Boise ...........................
Boise ...........................
Boise ...........................
Boise ...........................
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Boise ...........................
Boise ...........................
Boise ...........................
Boise ...........................
Caribou ........................
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Caribou ........................
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Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
Caribou ........................
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Caribou ........................
Caribou ........................
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Caribou ........................
Caribou ........................
Caribou ........................
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Challis .........................
Challis .........................
Challis .........................
Challis .........................
Challis .........................
Challis .........................
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Challis .........................
Challis .........................
Challis .........................
Challis .........................
Challis .........................
Challis .........................
Challis .........................
Poker Meadows ............................
Rainbow ........................................
Red Mountain ...............................
Reeves Creek ...............................
Sheep Creek .................................
Smoky Mountains .........................
Snowbank .....................................
Steel Mountain ..............................
Stony Meadows Ten Mile/Black ...
Warrior ..........................................
Tennessee ....................................
Whiskey ........................................
Whiskey Jack ................................
Whitehawk Mountain ....................
Wilson Peak ..................................
Bear Creek ...................................
Bonneville Peak ............................
Caribou City ..................................
Clarkston Mountain .......................
Deep Creek ..................................
Dry Ridge ......................................
Elkhorn Mountain ..........................
Gannett-Spring Creek ...................
Gibson ..........................................
Hell Hole .......................................
Huckleberry Basin ........................
Liberty Creek ................................
Meade Peak .................................
Mink Creek ...................................
Mount Naomi ................................
North Pebble .................................
Oxford Mountain ...........................
Paris Peak ....................................
Pole Creek ....................................
Red Mountain ...............................
Sage Creek ...................................
Schmid Peak ................................
Scout Mountain .............................
Sherman Peak ..............................
Soda Point ....................................
Station Creek ................................
Stauffer Creek ..............................
Stump Creek .................................
Swan Creek ..................................
Telephone Draw ...........................
Toponce ........................................
West Mink .....................................
Williams Creek ..............................
Worm Creek .................................
Blue Bunch Mountain ...................
Borah Peak ...................................
Boulder-White Clouds ...................
Camas Creek ................................
Challis Creek ................................
Cold Springs .................................
Copper Basin ................................
Diamond Peak ..............................
Greylock ........................................
Grouse Peak .................................
Hanson Lake ................................
Jumpoff Mountain .........................
King Mountain ...............................
Lemhi Range ................................
Loon Creek ...................................
Pahsimeroi Mountain ....................
Pioneer Mountains ........................
Prophyry Peak ..............................
Railroad Ridge ..............................
Red Hill .........................................
Red Mountain ...............................
VerDate Aug<31>2005
18:51 Jan 04, 2008
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PO 00000
Frm 00040
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recreation
Primitive
Backcountry
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SAHTS
Forest
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E:\FR\FM\07JAP1.SGM
07JAP1
1156
Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
§ 294.28 LIST OF DESIGNATED IDAHO ROADLESS AREAS.—Continued
#
Idaho roadless area
Challis .........................
Challis .........................
Challis .........................
Challis .........................
Challis .........................
Challis .........................
Challis .........................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
jlentini on PROD1PC65 with PROPOSALS
Forest
Seafoam .......................................
Spring Basin .................................
Squaw Creek ................................
Taylor Mountain ............................
Warm Creek .................................
White Knob ...................................
Wood Canyon ...............................
Bighorn-Weitas .............................
Eldorado Creek .............................
Hoodoo .........................................
Lochsa Face .................................
Lolo Creek (LNF) ..........................
Mallard-Larkins .............................
Meadow Creek—Upper North
Fork.
Moose Mountain ...........................
North Fork Spruce—White Sand ..
North Lochsa Slope ......................
Pot Mountain ................................
Rackliff-Gedney ............................
Rawhide ........................................
Siwash ..........................................
Sneakfoot Meadows .....................
Weir-Post Office Creek .................
Beetop ..........................................
Big Creek ......................................
Blacktail Mountain ........................
Blacktail Mountain ........................
Buckhorn Ridge ............................
Continental Mountain ....................
East Cathedral Peak ....................
East Fork Elk ................................
Gilt Edge-Silver Creek ..................
Graham Coal ................................
Grandmother Mountain .................
Hammond Creek ..........................
Hellroaring ....................................
Katka Peak ...................................
Kootenai Peak ..............................
Little Grass Mountain ...................
Lost Creek ....................................
Magee ...........................................
Mallard-Larkins .............................
Maple Peak ...................................
Meadow Creek-Upper N. Fork .....
Midget Peak ..................................
Mosquito-Fly .................................
Mt. Willard-Lake Estelle ................
North Fork .....................................
Packsaddle ...................................
Pinchot Butte ................................
Roland Point .................................
Saddle Mountain ...........................
Salmo-Priest .................................
Schafer Peak ................................
Scotchman Peaks .........................
Selkirk ...........................................
Sheep Mountain-State Line ..........
Skitwish Ridge ..............................
Spion Kop .....................................
Stevens Peak ...............................
Storm Creek .................................
Tepee Creek .................................
Trestle Peak .................................
Trouble Creek ...............................
Trout Creek ...................................
Upper Priest ..................................
White Mountain .............................
Wonderful Peak ............................
Mt. Willard-Lake Estelle ................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Clearwater ...................
Idaho Panhandle .........
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Kootenai ......................
VerDate Aug<31>2005
18:51 Jan 04, 2008
Jkt 214001
PO 00000
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Primitive
Backcountry
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SAHTS
Forest
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07JAP1
1157
Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
§ 294.28 LIST OF DESIGNATED IDAHO ROADLESS AREAS.—Continued
Forest
Idaho roadless area
#
Wild land
recreation
Primitive
Backcountry
restoration
GFRG
SAHTS
Forest
plan special areas
Kootenai ......................
Kootenai ......................
Kootenai ......................
Nez Perce ...................
Nez Perce ...................
Nez Perce ...................
Nez Perce ...................
Nez Perce ...................
Roberts .........................................
Scotchman Peaks .........................
West Fork Elk ...............................
Clear Creek ..................................
Dixie Summit—Nut Hill .................
East Meadow Creek .....................
Gospel Hump ................................
Gospel Hump Adjacent to Wilderness.
John Day ......................................
Lick Point ......................................
Little Slate Creek ..........................
Little Slate Creek North ................
Mallard ..........................................
North Fork Slate Creek ................
O’Hara—Falls Creek ....................
Rackliff—Gedney ..........................
Rapid River ...................................
Salmon Face ................................
Selway Bitterroot (new) ................
Silver Creek—Pilot Knob ..............
West Fork Crooked River (new) ...
West Meadow Creek ....................
Big Creek Fringe ..........................
Caton Lake ...................................
Chimney Rock ..............................
Cottontail Point/Pilot Peak ............
Council Mountain ..........................
Crystal Mountain ...........................
Cuddy Mountain ...........................
French Creek Hells Canyon/7
Devils.
Scenic ...........................................
Horse Heaven ...............................
Indian Creek .................................
Meadow Creek .............................
Needles .........................................
Patrick Butte .................................
Placer Creek .................................
Poison Creek ................................
Rapid River ...................................
Secesh ..........................................
Sheep Gulch .................................
Smith Creek ..................................
Snowbank .....................................
Sugar Mountain ............................
Agency Creek ...............................
Allan Mountain ..............................
Anderson Mountain ......................
Blue Joint Mountain ......................
Camas Creek ................................
Deep Creek ..................................
Duck Peak ....................................
Goat Mountain ..............................
Goldbug Ridge ..............................
Haystack Mountain .......................
Italian Peak ...................................
Jesse Creek ..................................
Jureano .........................................
Lemhi Range ................................
Little Horse ...................................
Long Tom .....................................
McEleny ........................................
Musgrove ......................................
Napias ...........................................
Napoleon Ridge ............................
Oreana ..........................................
Perreau Creek ..............................
Phelan ...........................................
Sal Mountain .................................
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jlentini on PROD1PC65 with PROPOSALS
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VerDate Aug<31>2005
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07JAP1
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
§ 294.28 LIST OF DESIGNATED IDAHO ROADLESS AREAS.—Continued
#
Forest
Idaho roadless area
Salmon ........................
Salmon ........................
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Wallowa-Whitman .......
Wallowa-Whitman .......
Sheepeater ...................................
South Deep Creek ........................
South Panther ...............................
Taylor Mountain ............................
West Big Hole ...............................
West Panther Creek .....................
Black Pine .....................................
Blackhorse Creek .........................
Boulder-White Clouds ...................
Buttercup Mountain ......................
Cache Peak ..................................
Cottonwood ...................................
Elk Ridge ......................................
Fifth Fork Rock Creek ..................
Hanson Lakes ...............................
Huckleberry ...................................
Liberal Mountain ...........................
Lime Creek ...................................
Lone Cedar ...................................
Loon Creek ...................................
Mahogany Butte ...........................
Mount Harrison .............................
Pettit ..............................................
Pioneer Mountains ........................
Railroad Ridge ..............................
Smoky Mountains .........................
Sublett ...........................................
Third Fork Rock Creek .................
Thorobred .....................................
Bald Mountain ...............................
Bear Creek ...................................
Caribou City ..................................
Diamond Peak ..............................
Garfield Mountain .........................
Garns Mountain ............................
Italian Peak ...................................
Lionhead .......................................
Mt. Jefferson .................................
Palisades ......................................
Poker Peak ...................................
Pole Creek ....................................
Raynolds Pass ..............................
Two Top ........................................
West Slope Tetons .......................
Winegar Hole ................................
Big Canyon Id ...............................
Klopton Creek—Corral Creek Id ..
Dated: December 17, 2007.
Abigail R. Kimbell,
Chief, Forest Service.
[FR Doc. 07–6305 Filed 1–4–08; 8:45 am]
BILLING CODE 3410–11–P
POSTAL SERVICE
jlentini on PROD1PC65 with PROPOSALS
39 CFR Part 111
Implementation of Intelligent Mail
Barcodes
Postal Service.
Advance notice of proposed
rulemaking.
AGENCY:
ACTION:
VerDate Aug<31>2005
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recreation
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restoration
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SUMMARY: In January 2009, mailers will
be required to meet one of two options
using Intelligent Mail barcodes to
access automation prices for letters and
flats. Automation prices will no longer
be available for the use of the POSTNET
barcode. This Federal Register notice
provides advance information to help
mailers understand the mail preparation
requirements that the Postal Service will
propose when using Intelligent Mail
barcodes and offers insight into the
additional information that will be
available to mailers who comply with
these requirements.
DATES: In order to transition to
Intelligent Mail barcodes by January
2009, it is important that we receive
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
comments to this advance notice
February 21, 2008.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
Standards, U.S. Postal Service, 475
L’Enfant Plaza, SW., Room 3436,
Washington, DC 20260–3436. Written
comments may be inspected and
photocopied at USPS Headquarters
Library, 475 L’Enfant Plaza, SW., 11th
Floor N, Washington DC between 9 a.m.
and 4 p.m. EST, Monday through
Friday. Comments and questions can
also be e-mailed to imb@usps.gov.
FOR FURTHER INFORMATION CONTACT:
William Chatfield, e-mail:
william.a.chatfield@usps.gov phone:
202–268–7278; Karen Zachok, e-mail:
E:\FR\FM\07JAP1.SGM
07JAP1
Agencies
[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Proposed Rules]
[Pages 1135-1158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-6305]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 294
RIN 0596-AC62
Special Areas; Roadless Area Conservation; Applicability to the
National Forests in Idaho
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed rulemaking; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service, U.S. Department of Agriculture (USDA), is
proposing to establish a State-specific rule to provide management
direction for conserving and enhancing the roadless characteristics for
designated roadless areas in Idaho. The agency is particularly
interested in receiving public input regarding the following topics: to
what extent should the Forest Service allow building roads for the
purpose of conducting limited forest health activities in areas
designated as backcountry; are the limitations on sale
[[Page 1136]]
of common variety minerals and discretionary mineral leasing
appropriate; and will the proposed mechanism for administrative
corrections and modifications be sufficient to accommodate future
adjustments necessary due to changed circumstances or public need?
DATES: Comments must be received in writing by April 7, 2008.
ADDRESSES: Comments may be sent via email to IDcomments@fsroadless.org.
Comments also may be submitted via the world wide web/Internet at
https://www.regulations.gov. Written comments concerning this notice
should be addressed to Roadless Area Conservation-Idaho, 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 https://
roadless.fs.fed.us.
A copy of the draft environmental impact statement (DEIS), the DEIS
summary, and other information related to this rulemaking is available
at the national roadless Web site (https://www.roadless.fs.fed.us) as
well as by calling the number listed below, under the ``for further
information'' heading. Reviewers may request printed copies or compact
disks of the DEIS and the summary by writing to the Rocky Mountain
Research Station, Publication and Distribution, 240 West Prospect Road,
Fort Collins, CO 80526-2098. Fax orders will be accepted at 970-498-
1122. Order by e-mail from rschneider@fs.fed.us. When ordering,
requesters must specify if they wish to receive the summary or full set
of documents and if the material should be provided in print or on
disk.
FOR FURTHER INFORMATION CONTACT: Brad Gilbert, Idaho Roadless Rule Team
Leader, at (208) 765-7438. Individuals using 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 Standard
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,
rangelands, and aquatic ecosystems. The Forest Service is charged to
collaborate cooperatively with states, Tribes, and other interested
parties regarding the use and management of the National Forest System
(NFS).
State of Idaho Petition
On June 23, 2005, the State of Idaho (hereafter referred to as
State) announced it would submit a petition pursuant to the State
Petitions Rule (70 FR 25654), requesting specific regulatory
protections and certain management flexibility for the approximately
9.3 million acres of NFS inventoried roadless areas in Idaho. As part
of that announcement, the State invited affected county commissioners,
Tribes, and members of the public to develop specific recommendations
for the NFS inventoried roadless areas in their respective areas.
Additionally, over 50 public meetings were held and the public was
encouraged to send individual comments directly to the Governor's
office for consideration.
Idaho's petition, under the State Petition Rule, was submitted to
the Secretary of Agriculture for consideration on September 20, 2006.
Subsequently, Idaho submitted a new petition on October 5, 2006, under
section 553(e) of the Administrative Procedure Act and Department
regulations at 7 CFR Sec. 1.28. The Department has also received
rulemaking petitions from the Nez Perce Tribe and other organizations
and individuals requesting reinstatement of the 2001 rule.
The Roadless Area Conservation National Advisory Committee (RACNAC)
(72 FR 13469) reviewed the Idaho petition on November 29 and 30, 2006,
in Washington, DC. Governor James Risch, on behalf of the State of
Idaho, discussed his views on 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, and members of the
public.
On December 19, 2006, the committee issued a unanimous consensus-
based recommendation that the Secretary direct the Forest Service, with
the State as a cooperating agency, to proceed with rulemaking.
On December 22, 2006, the Secretary accepted the petition based on
the advisory committee's review and report, and directed the Forest
Service to initiate rulemaking.
The USDA is committed to conserving and managing inventoried
roadless areas. The Department considers the proposed rule the most
appropriate solution to address the challenges of inventoried roadless
area management on NFS lands in the State of Idaho. Additional
information, maps, and other materials concerning the Idaho Roadless
Areas, as well as other roadless areas, can be found at https://
roadless.fs.fed.us/. Collaborating and cooperating with states and
other interested parties regarding the long-term strategy for the
conservation and management of inventoried roadless areas allows
recognition of both national values and local situations.
The State of Idaho petition included specific information and
recommendations for the management of individual inventoried roadless
areas in the State. This site-specific knowledge provided by the State
and its citizens aids the USDA and Forest Service in accomplishing
their objectives and is reflected in this proposed rulemaking.
Additionally, the State of Idaho examined roadless areas sharing
boundaries or overlapping with neighboring states and determined the
need to coordinate with Montana and Utah to insure consistency of
management themes assigned to these inventoried roadless areas. Lastly,
the Forest Service and the State anticipate collaborating on
implementing this proposed rulemaking. This commitment is reflected in
the Governor's Roadless Rule Implementation Commission (Idaho Executive
Order 2006-43), which is charged with the responsibility of working
with the Forest Service to accomplish collaborative implementation of
this proposed rule. The Executive Order can be found on the State of
Idaho's roadless Web site https://gov.idaho.gov/roadless_petition.htm.
National Forest System Land Inventories in Idaho
This rulemaking relies on the most recent inventory available for
each national forest and grassland in the State to identify the
inventoried roadless areas addressed by this rulemaking. Since 2001 the
Agency has continued with forest plan revisions within Idaho and have
continued to review and update their inventories using new technologies
such as geographic information systems (GIS) providing better and more
reliable data than was previously available., Therefore, the proposed
rule is based on the most recent and reliable information available for
land and resource management planning as well as using other
assessments and the inventory contained in the 2000 Roadless Rule Final
Environmental Impact Statement where that remained the best available
information. Using these inventories, the Forest Service has identified
9.3 million acres of inventoried roadless areas that are the subject of
this rulemaking.
[[Page 1137]]
Proposed Roadless Area Conservation Rule for Idaho
The Department believes this proposed Roadless Area Conservation
Rule for Idaho represents a unique opportunity to resolve
collaboratively and to provide certainty to the roadless issue in the
State. First, the proposed rule enables the Forest Service to account
for comments of those most affected or concerned about the contents of
state-specific rulemaking. Second, it allows the Agency to consider the
unique characteristics of each inventoried roadless area in the State.
Third, it balances the integrity and natural beauty of these roadless
areas with responsible stewardship.
During his presentation to the RACNAC, Governor Risch expressed the
need for stewardship of Idaho Roadless Areas focusing on limited forest
health activities. Clarifying what stewardship means is vital to
understanding the petition and subsequent rulemaking. The proposed rule
clarifies this by providing discretion for conducting activities that
maintain forest health by reducing the significant risk of wildland
fire (also known as wildfire) to communities, municipal water supplies,
threatened and endangered species, and to protect ecosystem components
in the same manner as provided in the Healthy Forests Restoration Act
(HFRA). All project activity will be subject to appropriate National
Environmental Policy Act (NEPA) compliance procedures and public
comment opportunities.
The Department and the State believe a reduction in significant
risk situations before they become imminent threats to local
communities and water supplies can be better achieved by providing
flexibility beyond the restrictions imposed by the January 12, 2001
Roadless Area Conservation final rule (2001 rule) (66 FR 3244).
Implementing these limited, but necessary projects allows the Forest
Service to be a good neighbor for adjacent landowners and communities
and to help insure continued forest health and protection for life and
property.
The Forest Service, in cooperation with the State, has completed a
review of the social, economic, and environmental characteristics and
values associated with the inventoried roadless areas in the State.
With public input, the Agency has considered the question of how these
roadless lands should be managed within the scope of the Agency's
authority. Consistent with the 2001 rule's approach, the management
direction proposed by these regulations would take precedence over any
inconsistent regulatory provision or land and resource management plan.
It is also consistent with the Secretary's authority to establish
regulations to carry out the statutory requirements for planning and
the Forest Service's practice that forest plans must yield to
management direction of a higher order. Forest plan management
direction that is consistent with these provisions remains intact and
effective.
Discussion of the Proposed Management Themes
The management themes described in Idaho's petition and reflected
in Governor Risch's presentation before the RACNAC represent the
foundation for this rulemaking, and are imperative to understanding the
proposed rule. The proposed rule is structured around five themes: (1)
Wild Land Recreation; (2) Special Areas of Historic or Tribal
Significance; (3) Primitive; (4) Backcountry/Restoration; and (5)
General Forest, Rangeland, and Grassland. These five themes were
developed and refined through review of the existing and draft
management prescriptions in each of Idaho's national forests.
Specifically, the proposed themes span a continuum (see Figure 1)
that includes at one end, a restrictive approach emphasizing passive
management and natural restoration, and on the other end, active
management designed to accomplish sustainable forest, rangeland, and
grassland management. This continuum accounts for stewardship of each
roadless area's unique landscape and the quality of roadless
characteristics in that area.
[[Page 1138]]
[GRAPHIC] [TIFF OMITTED] TP07JA08.001
Allocation to a specific theme is not intended to mandate or direct
the Forest Service to propose or implement any action; rather, the
themes provide an array of permitted and prohibited activities
regarding road construction, discretionary mineral activities, and
timber cutting. The themes also serve as a reference point for future
discussions between the Forest Service, the State, the Tribes, and the
public. Themes may also influence other future management choices such
as forest plan revisions or use determinations that are beyond the
scope of these regulations.
The State's petition identifies approximately 345,000 acres of
roadless areas that are already part of other land classification
systems (for example, Research Natural Areas) that are governed by
specific agency directives and existing forest plan direction. The
petition did not request the Forest Service impose additional or
superseding management direction or restrictions for these forest plan
special areas. Instead, the State identified a preference that these
lands be administered under the laws, regulations, and other management
direction unique to the special purpose of the applicable land
classification. These lands are included in Sec. 294.28 for the sake
of completeness; however, the proposed rule does not recommend
management direction for those lands.
The following describes the current and desired conditions for each
management theme. While the ability of the Forest Service to conduct
certain activities (road building, activities associated with mineral
development, and timber cutting) typically varies from theme-to-theme,
other activities (motorized travel, grazing activities, or use of
motorized equipment and mechanical transport) are not changed by this
proposed rule. While these other activities are not regulated by this
proposed rule, such activities would be subject to future planning and
decisionmaking processes of the Forest Service. Furthermore, when
appropriate, wildland fire and prescribed fire are tools which would be
available across all themes. Additionally, like the 2001 rule, timber
cutting, sale, or removal in inventoried roadless areas is permitted
when incidental to implementation of a management activity not
otherwise prohibited by this proposed rule. Examples of these
activities include, but are not limited to, trail construction or
maintenance; removal of hazard trees adjacent to forest roads for
public health and safety reasons; fire line construction for wildland
fire suppression or control of prescribed fire; survey and maintenance
of property boundaries; other authorized activities such as ski runs
and utility corridors; or for road construction and reconstruction
where allowed by this proposed rule.
Management Theme 1: Wild Land Recreation (WLR)
Current Condition: WLR areas were generally identified during the
forest planning process as recommended for wilderness designation.
These areas show little evidence of historic or human use. Natural
conditions and processes are predominant. People visiting these areas
can find outstanding opportunities for solitude and challenge.
Desired Condition: WLR areas show little evidence of human-caused
disturbance and natural conditions and processes are predominant.
Management Theme 2: Special Areas of Historic or Tribal Significance
(SAHTS)
Current Condition: SAHTS are relatively undisturbed by human
management activities, and natural conditions and processes are
predominant. This theme consists of three areas: (1) Pilot Knob
(849), Nez Perce National Forest; (2) Nimiipuu and Lewis and
Clark National Historic Trials, which includes portions of Bighorn-
Weitas (306), Eldorado Creek (312), Hoodoo
(301), North Lochsa Slope (307), Weir-Post Office
(308), Clearwater National Forest; and (3) Pioneer Area--
Mallard-Larkins (300), Idaho Panhandle National Forest. The
[[Page 1139]]
Nez Perce Tribe and others expressed the desire to protect these areas
specifically based on their historic or Tribal significance. The RACNAC
recommended clarifying whether this theme would alter or apply to the
management of other ``special areas'' embedded in roadless areas in
individual forest plans (such as, Wilderness Study Areas, Recommended
and/or Designated Scenic, Wild, and Recreational Rivers, Research
Natural Areas). Those areas will not be subject to this proposed rule
and will continue to be managed by individual forest plan direction or
specific congressional direction provided by statute.
Desired Condition: SAHTS will continue to be relatively undisturbed
by human management activities in order to maintain their unique Tribal
or historic characteristics.
Management Theme 3: Primitive
Current Condition: The current condition of areas designated as
primitive generally reflects the undeveloped character described for
the WLR theme. However, these areas generally fall short of the Forest
Service's recommended wilderness suitability criteria.
Desired Condition: Primitive areas are relatively undisturbed by
human management activities while allowing for limited forest health
activities including preserving biological strongholds for a variety of
species and protecting ecological integrity.
Management Theme 4: Backcountry/Restoration (Backcountry)
Current Condition: Areas designated as backcountry generally
reflect the undeveloped character found in all roadless areas. However,
there may be portions within these areas that have evidence of human
use and occupancy or past vegetation manipulation.
Desired Condition: Backcountry areas are managed to retain their
undeveloped character, while providing a variety of recreation
opportunities and allowing for limited forest health activities
including preserving biological strongholds for a variety of species
and maintaining or restoring the characteristics of ecosystem
composition and structure.
Management Theme 5: General Forest, Rangeland, and Grassland (GFRG)
Current Condition: Areas designated as GFRG include locations that
may display relatively more evidence of human use, including roads,
facilities, evidence of vegetative manipulation, and mineral
exploration/extraction.
Desired Condition: GFRG areas are managed to allow for a variety of
goods and services, and conservation of natural resources.
Geothermal Energy
During the development of the proposed rule, consideration was
given to whether the rule is overly restrictive regarding potential
exploration and/or development of geothermal energy resources in areas
designated as backcountry. While Idaho has high geothermal energy
potential, site-specific information on this resource in Idaho Roadless
Areas is currently limited (see discussion in DEIS). At this time the
Department has chosen not to include a special exemption for geothermal
energy resources.
The Department expects that more information about this energy
resource will become available over the next 5 to 10 years. Once
additional information becomes available, at that point, if necessary,
the State or other parties can seek a change in the rule's
restrictions. A site-specific modification to the rule could then be
proposed and reviewed under Sec. 294.27(e)(2).
Specific Request for Public Comment
With regard to road construction, discretionary mineral activities,
and timber cutting, Idaho's proposed management continuum can be
succinctly summarized as three themes; one theme more restrictive than
the 2001 rule, one theme similar to the 2001 rule, and one theme less
restrictive than the 2001 rule. The agency is particularly interested
in receiving public input regarding the following topics: (1) To what
extent should the Forest Service allow building roads for the purpose
of conducting limited forest health activities in areas designated as
backcountry; (2) are the limitations on sale of common variety minerals
and discretionary mineral leasing appropriate; and (3) will the
proposed mechanism for administrative corrections and modifications be
sufficient to accommodate future adjustments necessary due to changed
circumstances or public need? The following illustrates the additions
and/or changes from the 2001 rule.
Limited Roads for Activities in Backcountry
The proposed regulation at Sec. 294.23(b)(1)(i) allows limited
road construction in Idaho Roadless Areas designated to be managed
pursuant to the backcountry theme when a ``road is needed to protect
public health and safety in cases of significant risk or imminent
threat of flood, wildland fire, or other catastrophic event that,
without intervention, would cause the loss of life or property; or to
facilitate forest health activities permitted under Sec.
294.25(c)(1).'' The phrase ``significant risk'' is an addition to the
imminent threat language contained in the 2001 rule's exceptions and
bears further explanation.
During its presentation to the RACNAC, the State was under the
impression that the ``imminent threat'' exception provides the needed
flexibility to allow the Forest Service to build roads for the purpose
of conducting what Governor Risch and other State representatives
identified as ``stewardship activities.'' An example of such an
activity would be a fuel treatment project to protect a municipal water
supply system conducted cooperatively with the Forest Service through
the Healthy Forests Restoration Act (HFRA) (Pub. L. 108-148). However,
when read in context of the 2001 rule's preamble language, the
application of the ``imminent threat'' regulatory language may not
always achieve the State's desire for more progress toward the
congressional goals identified in HFRA.
Referring to the ``imminent threat'' language, the preamble to the
2001 rule stated that the exception ``does not constitute permission to
engage in routine forest health activities, such as temporary road
construction for thinning to reduce mortality due to insect and disease
infestation'' (66 FR 3243, 3255). Like the 2001 rule, the Forest
Service and State do not intend this change in language to be construed
as giving permission to build roads in areas designated as backcountry
for the purpose of engaging in routine forest management activities as
shown by the use of the words ``significant risk.'' This addition is
intended to provide additional flexibility where site-specific
conditions pose a significant risk of wildland fire.
Although the principal objective for this adjustment is to protect
at-risk communities and municipal water supply systems from adverse
effects of wildland fire, this provision also contemplates access for
(1) areas where wind throw, blowdown, ice storm damage, or the
existence or imminent threat of an insect or disease epidemic is
significantly threatening ecosystem components or resource values that
may contribute to significant risk of wildland fire; or (2) areas where
wildland fire poses a threat to, and where the natural fire regimes are
important for, threatened and endangered species or their habitat
consistent with HFRA.
[[Page 1140]]
The proposed rule is programmatic in nature, establishing the types
of prohibitions and conditions where future projects may occur under
the appropriate theme. As stated by Governor Risch, this proposed rule
``does not cut one tree or plow one road.'' Further, not every acre
experiencing significant risk is expected to receive treatment because
of funding limitations and mitigation measures needed for other
resource protection. After the rule becomes effective, site-specific
proposed projects must still undergo project planning procedures before
they can be implemented. This includes compliance with HFRA (if
applicable), National Environmental Policy Act (NEPA), National Forest
Management Act (NFMA), the Endangered Species Act (ESA), and other
environmental laws and regulations. Public involvement under NEPA will
be undertaken for these site-specific proposals.
The Idaho Roadless Rule DEIS discloses the effects of roads and
projections of the types and amounts of possible treatments over the
next 15 years. Treatments will be designed based on site-specific needs
to reduce any significant risks, or to maintain or restore the
characteristics of ecosystem composition and structure. Determination
of a significant risk would be guided by the interagency Healthy
Forests Initiative and Healthy Forests Restoration Act: Interim Field
Guide (2004).
Mineral Activities
The laws governing disposal of Federal minerals on NFS lands are
complex. Responsibility for management of these resources is often
shared between USDA and the Department of the Interior (DOI). Generally
speaking, Federal minerals are divided into three categories with
different legal authorities, responsibilities, and controls applying in
each instance. The three basic systems are: locatable, saleable, and
leasable minerals.
Locatable minerals are generally metals (like gold and silver) but
also include rare earth elements such as uranium and special uncommon
varieties of sand, stone, gravel, pumice, pumicite, and cinders.
Development of such minerals is subject to the General Mining Law of
1872. Like the 2001 rule, this proposed rule does not seek to impose
any limits regarding activities undertaken regarding locatable
minerals. In the long term, it is reasonable to assume that future
exploration, mining, and mineral processing activities would continue
to occur in Idaho Roadless Areas where valuable deposits exist. When
necessary, construction or reconstruction of roads for locatable
mineral exploration or development is part of the reasonable right of
access provided under the General Mining Law. Therefore, this rule does
not propose to affect rights of reasonable access to prospect and
explore lands open to mineral entry and develop valid claims. All
proposals for locatable mineral exploration or development are subject
to the planning and design requirements governing locatable minerals in
36 CFR part 228, subpart A and the appropriate level of environmental
analysis. The plan of operations would be approved subject to
modifications identified in the environmental analysis and would be
binding on the operator.
Saleable minerals, also known as common variety mineral materials,
are common varieties of sand, stone, gravel, pumice, pumicite, cinders,
and clay. The Secretary of Agriculture is solely responsible for
disposal of saleable minerals on NFS lands. The Forest Service has
complete discretion to refrain from authorizing the disposal of
saleable minerals.
The proposed rule would prohibit the sale of common variety mineral
materials in Idaho Roadless Areas that are designated to be managed
pursuant to WLR, SAHTS, or primitive themes. This prohibition would be
more restrictive than the 2001 rule for these three themes. However,
under the proposed Sec. 294.23(b)(1)(vii), the Forest Service would be
allowed to build roads associated with the sale or administrative use
of common variety mineral materials in areas designated as backcountry
``if the use of these mineral materials is incidental to an activity
otherwise allowed under the rule'' (Sec. 294.24(e)). Road construction
and reconstruction associated with the sale or administrative use of
common variety mineral materials is allowed in GFRG.
Leasable minerals include oil, gas, coal, phosphate, potassium,
sodium, sulphur, gilsonite, oil shale, geothermal resources, and
hardrock minerals. There are two general umbrella authorities governing
the leasing of these minerals, except for sulphur, geothermal
resources, and hardrock minerals, on NFS lands. One of these umbrella
authorities, the Mineral Leasing Act of 1920, applies exclusively, and
by its terms applies comprehensively, to NFS lands reserved from the
public domain. The other, the Mineral Leasing Act for Acquired Lands,
applies exclusively, and by its terms applies comprehensively, to
acquired NFS lands. The leasing of geothermal resources is governed by
free standing statutory authority which applies to all NFS lands.
Collectively, these authorities are known as the mineral leasing laws.
Despite the many authorities governing mineral leasing on NFS
lands, there are basic commonalties among the mineral leasing laws. The
most fundamental is that the Secretary of the Interior is statutorily
charged with the administration of the mineral leasing laws.
Consequently, the Department of the Interior (DOI) issues all mineral
leases for NFS lands. The Secretary of the Interior also has complete
discretion to refrain from leasing any leasable mineral.
This is not to say that the Forest Service lacks a role with
respect to mineral leasing on NFS lands. DOI is statutorily required to
obtain the Forest Service's consent before it issues leases for many
leasable minerals. The Forest Service also has the right to regulate
operations conducted for certain leasable minerals.
The proposed rule would not seek to restrict retroactively any
existing authorizations. The proposed rule would establish limitations
on the future exercise of discretion available to Forest Service line
officers. It does not impose restrictions on decisions that Congress
has allocated to DOI. Nor does the proposed rule effect or seek a
withdrawal of the mineral estate as such matters are subject to a
separate statutory process established under the Federal Land Policy
Management Act. Instead, the proposed rule would instruct Forest
Service line officers when exercising their discretionary authority
concerning disposal of different mineral materials.
The Forest Service and State see an opportunity to clarify and
remove confusion regarding expectations for mineral leasing and
associated road construction activities across the management themes
set out in this proposed rule. This is a refinement of the 2001 rule
which permitted the leasing and the surface use or occupancy across all
roadless areas, but did not allow new roads to be constructed pursuant
to new leases. Using the management spectrum associated with the
proposed themes, the Forest Service and the State are seeking a balance
between the protection of roadless values and the responsible
development of mineral resources.
If promulgated, in designated WLR, SAHTS, or primitive areas, the
Forest Service would not recommend, authorize or consent to road
[[Page 1141]]
construction or reconstruction or surface use and occupancy associated
with mineral leases. This leasing restriction is more restrictive than
the 2001 rule.
In backcountry areas, road construction or reconstruction is
prohibited except for the leasing of phosphate materials. Surface use
or occupancy without road construction or reconstruction is permissible
for all mineral leasing.
In areas designated as GFRG, leasing approvals, including road
construction, reconstruction, surface use and occupancy, and associated
road access requests are permissible.
Where authorized, all road construction or reconstruction
associated with mining activities allowed under this management theme
must be conducted in a way that minimizes effects on surface resources,
prevents unnecessary or unreasonable surface disturbance, and complies
with all applicable lease requirements, land and resource management
plan direction, regulations, and laws. Roads constructed or
reconstructed pursuant to this management theme must be decommissioned
when no longer needed or when the lease, contract, or permit expires,
whichever is sooner.
There has been considerable debate among various parties offering
competing interpretations of the 2001 rule provisions about whether or
not ongoing leasing activities can be geographically expanded beyond
current lease boundaries; particularly phosphate leasing in the
Caribou-Targhee National Forest. The proposed rule contains text at
Sec. 294.24(d) that resolves this question in the affirmative. At the
effective date of a final rule, existing operations could expand beyond
their current boundaries, including such lands as are necessary for
access. The DEIS estimates an additional 12,100 acres above the acres
under existing lease will potentially be affected. The DEIS also
discusses the importance and value of this phosphate leasing to the
local communities, the State, and the Nation.
Accommodating Change
The Forest Service, State of Idaho, and members of the public have
expressed confusion over how boundary or other changes were expected to
be made under the 2001 rule. The State of Colorado in its roadless area
rulemaking petition similarly identified the need for a process to
allow future modifications of the management direction to be
established in that rulemaking. Based on Forest Service experience with
the 2001 rule, as well as other land and resource management and
classification systems, the Agency has included in the proposed rule a
system to address future corrections and modifications of the
allocations made through this rulemaking. The Forest Service is
proposing a system that parallels the National Forest Management Act
forest plan amendment process, allowing for technical corrections as
well as minor or even significant changes. All changes are noticed to
the public and public involvement requirements vary depending on the
magnitude of the change being made.
The proposed rule applies a two tiered approach. Like the 2001
rule, Sec. 294.27(e)(1) expressly provides that technical errors, such
as clerical mistakes, errant maps, and so on, can be corrected by the
Chief and are effective upon public notice. This provision could also
be applied when changes are necessitated by events beyond the scope of
this proposed rule, such as Congressional legislation or a conveyance
of land by sale, exchange or interchange.
The second tier of the approach involves a mechanism for modifying
boundaries or management direction in other circumstances. The
Department believes the proposed rule should allow for changes in
management direction due to changed conditions or circumstances. Any
modification would be effective only after the Chief provides public
notice in the Federal Register. Modifications would be subject to a 30-
day notice requirement in all instances; and if the change is
determined to be significant by the Chief, notice and comment
rulemaking must be undertaken.
The proposed rule provides factors to assess whether a proposed
change is of sufficient magnitude to warrant additional rulemaking or
so limited as to not merit such a procedure. This is an admittedly
subjective assessment and the expectation is that the Agency will keep
foremost in its mind the implications of the change to the roadless
character of the area(s). Again, the Forest Service has implemented a
similar sliding scale approach for amendment of forest plans for three
decades and is confident such a system is workable.
Examples of when rulemaking would not be expected: (1)
Establishment by the Forest Service of a research natural area in a
roadless area designated as primitive; (2) changing the designation of
a small portion of backcountry adjacent to a large block of GFRG into
the GFRG designation; (3) changing the designation of a small portion
of backcountry adjacent to a large block of primitive into the
primitive designation.
Examples where rulemaking would be expected: (1) Approving the use
of lands designated as primitive to construct and operate an all-season
recreation resort complex; (2) geothermal exploration has discovered a
significant energy field in an area designated as primitive and the
Forest Service proposes that a portion of the roadless area be
designated as GFRG to allow development and transmission line
corridors; (3) during a forest plan revision the Forest Service
recommends two primitive areas for wilderness designation; therefore,
the Agency proposes their designations be changed to WLR.
The Department does not anticipate extensive adjustments will occur
under this provision. The provision would provide public confidence
that if adjustments need to be considered, the process will be both
open to and understood by all interested parties.
Conclusion
The USDA, Forest Service, and the State of Idaho are committed to
conserving and managing Idaho Roadless Areas under the context of the
Agency's multiple-use mandate and consider roadless areas an important
component of the NFS. The Department, Agency, and State believe that
establishing a state-specific rule, based on the petition submitted by
the State, allows state-specific consideration of the needs of these
areas and is an appropriate solution to address the challenges of
managing Idaho Roadless Areas.
Collaborating with the State on the long-term strategy for the
management of Idaho Roadless Areas allows for the recognition of
national values and local situations and resolution of unique resource
management challenges. Collaboration with others who have a strong
interest in the conservation and management of inventoried roadless
areas will also help to ensure balanced management decisions that
maintain the most important characteristics and values of those areas.
The proposed rule envisions a sliding scale of designating themes
for the management of Idaho Roadless Areas. From most restrictive to
least restrictive, the themes are Wild Land Recreation; Special Areas
of Historic or Tribal Significance; Primitive; Backcountry/Restoration;
and General Forest, Rangeland, and Grassland. Prohibitions with
exceptions or permissions with conditions for road construction,
discretionary mineral development, and timber cutting are proposed for
each theme.
[[Page 1142]]
USDA invites written comments on both the proposed rule and the
draft environmental impact statement and will consider those comments
in developing the final rule and final environmental impact statement.
The final rule will be published in the Federal Register.
Regulatory Certifications
Regulatory Planning and Review
This proposed rule was reviewed under USDA procedures, Executive
Order 12866 issued September 30, 1993 (E.O. 12866), as amended by E.O.
13422 on Regulatory Planning and Review, and the major rule provisions
of the Small Business Regulatory Enforcement and Fairness Act (5 U.S.C.
800). It has been determined that this proposed rule is not an
economically significant rule. This proposed rule will not have an
annual effect of $100 million or more on the economy nor adversely
affect productivity, competition, jobs, the environment, public health
or safety, nor state or local governments. This proposed rule is not
expected to interfere with an action taken or planned by another agency
nor raise new legal or policy issues. This proposed rule will not alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients of such programs.
However, due to the level of interest in inventoried roadless areas
management, this proposed rule has been designated as significant and
is therefore subject to Office of Management and Budget review under
E.O. 13422.
A regulatory impact analysis has been prepared for this proposed
rule. The benefits, costs, and distributional effects of three
alternatives referred to as follows: 2001 Roadless Rule (2001 rule),
existing forest plans (existing plans), and the Idaho State Petition
(proposed rule) are analyzed over a 15-year time period. As of the
printing of this proposed rule, the 2001 rule is in operation by court
order and represents the legal status quo. In absence of the 2001 rule,
management would be governed by existing plans and agency interim
direction. As such, for the purpose of regulatory impact analysis, the
2001 rule and existing forest plans are assumed to represent a range of
baseline conditions or goods and services provided by national forests
and grasslands in the near future in the absence of the proposed rule.
The proposed rule is programmatic in nature, consisting of
direction for road construction, road reconstruction, timber cutting,
and discretionary mineral activities, which would be applied to future
management activities in Idaho Roadless Areas. The purpose of the
proposed rule is to provide State-specific direction for the
conservation and management of inventoried roadless areas within the
State. The proposed rule integrates local management concerns with the
national objectives for protecting roadless area values and
characteristics.
The proposed rule would establish five management themes to clarify
direction within Idaho Roadless Areas in contrast to the single
management strategy assigned to all Idaho Roadless Areas under the 2001
rule. The five themes are Wild Land Recreation (WLR), Primitive,
Special Areas of Heritage and Tribal Significance (SAHTS), Backcountry/
Restoration (backcountry), and General Forest, Rangeland, and Grassland
(GFRG). Management direction under the 2001 rule is most similar to the
backcountry/ restoration theme under the proposed rule. The proposed
rule does not prescribe site-specific activities on the ground, nor
does it irreversibly commit resources. Direct effects of site-specific
activities would be disclosed through NEPA project-level analysis when
site-specific decisions are made.
In general, the proposed rule does not affect the efficiency of
individual operations or activities (such as, an individual timber
sale) associated with forest resources and/or services, but may instead
affect the number or extent of opportunities as a function of
activities permitted within Idaho Roadless Areas on NFS lands. Because
the proposed rule does not prescribe site-specific activities, it is
difficult to quantify the benefits of the alternatives. It should also
be emphasized that the types of benefits derived from roadless
characteristics and the uses of roadless areas are far ranging and
include a number of non-market and non-use benefit categories.
Consequently, benefits are not monetized, nor are net present values or
benefit cost ratios estimated. Instead, increases and/or losses in
benefits are discussed separately for each resource area in a
quantitative or qualitative manner. Benefits and costs are organized
and discussed in the context of `local resource concerns' and `roadless
characteristics' in an effort to remain consistent with overall purpose
of the proposed rule, recognizing that benefits associated with local
concerns may trigger indirect benefits in roadless characteristics in
some cases (such as, forest health). Table 1 summarizes the potential
benefits and costs of the proposed rule, the 2001 roadless rule, and
existing plan alternatives.
Distributional effects or economic impacts, in terms of jobs and
labor income, are quantified for five economic areas (EAs) for the
State using regional impact models (IMPLAN). Economic impacts are
evaluated only for changes in activities directly affected by the
proposed rule (timber cutting, minerals extraction, and road
construction and reconstruction). Distributional effects are also
discussed in relation to revenue sharing, small entities, and to the
resource dependent communities (counties) most likely to be affected by
the proposed rule. Table 2 summarizes distributional effects and
economic impacts of the proposed rule and alternatives.
Details about the environmental effects of the proposed rule can be
found in the Roadless Area Conservation; National Forest System Lands
in Idaho Draft Environmental Impact Statement (DEIS). Effects on
opportunities for small entities under the proposed rule are discussed
in the context of Executive Order 13272 regarding proper consideration
of small entities and the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), which amended the Regulatory Flexibility
Act (5 U.S.C. 601, et seq.).
Local Resource Concerns
Local resource concerns include ensuring access, protecting
communities, property, and resources from risk of wildfire; as well as
protecting forests from the adverse effects of wildfire, insects, and
disease.
Approximately 1.4 million acres within Idaho Roadless Areas are
estimated to be at risk of 25% or more tree mortality (that is, high
risk) over the next 15 years. Of the 1.4 million acres at risk,
approximately 26,000 acres are within the GFRG and 939,000 acres in the
backcountry theme under the proposed rule. The areas identified within
the GFRG theme would have the most potential to be treated given their
treatment flexibility. Timber cutting in the backcountry theme would be
done on a limited basis and would be done to retain roadless
characteristics. Under existing plans, the high-risk acreage assigned
to the GRFG theme increases to 190,000 acres while 730,000 acres are
assigned to backcountry. Existing plans provide flexible opportunities
to treat high-risk acres through timber cutting on lands assigned to
both of these themes without constraints associated with roadless
characteristic retention. Projected levels of treatment, involving
timber cutting, are greatest under
[[Page 1143]]
existing plans (2,800 acres per year; 42,000 acres over 15 years)
followed by the proposed rule (800 acres per year; 12,000 acres over 15
years). Treatments associated with projected harvests over the next 15
years are likely to be effective in reducing the risks from insects and
disease in areas treated.
Timber cutting associated with treatments are estimated to be 0.5
million board feet (MMBF), 14 MMBF, and 4 MMBF per year for the 2001
rule, existing plans, and the proposed rule respectively and account
for 0.5%, 11.5%, and 3% of average annual harvests from National Forest
land in Idaho. A majority of the volume under the proposed rule is
projected to occur within the northern economic area (EA).
Approximately 1 million acres of Idaho Roadless Areas are within
the wildland urban interface (WUI), and about 40% of those acres
(450,000) are in high priority fire risk areas as defined by fire
regime and condition class. Opportunities to use a full range of
treatment methods to address severe wildfire risk, particularly within
the WUI, are substantially greater under the proposed rule relative to
the 2001 rule. Treatment flexibility expands only slightly under the
proposed rule compared to existing plans. Approximately 71% of WUI
acreage within Idaho Roadless Areas is assigned to management themes
that permit flexible treatment methods that include road construction
under the proposed rule, compared to 69% under existing plans. However,
fewer overall acres are projected for treatment under the proposed rule
due to other constraints (such as, maintenance of roadless
characteristics). Projected harvests could treat the equivalent of
approximately 5% of high priority areas within the WUI under the
proposed rule over a 15-year period. In contrast, approximately 14% of
high priority WUI areas could be treated under existing plans. An
insignificant amount of high priority WUI acreage would be treated
under the 2001 rule.
Phosphate mining activity on existing leases will be similar across
the alternatives over the next 15 years. However, 12,100 acres of
unleased known phosphate reserves within Idaho Roadless Areas will be
made available for future leasing or lease expansion under the proposed
rule that would not be accessible under the 2001 rule. Mining in these
areas could generate an estimated 545 million tons of phosphate ore,
but development of these areas is expected to occur over an extended
period (50+ years). All unleased areas with known phosphate reserves
(approximately 13,400 acres; estimated 603 million tons) will be
available for leasing over an extended period under existing plans.
There are negligible opportunities for geothermal development under
the 2001 rule. Geothermal opportunities increase under the proposed
rule where 233,600 acres of high geothermal potential, on land with
feasible slopes, are made available because of GFRG theme assignments.
These opportunities increase slightly under existing plans to 249,500
acres. The existing plans provide for greater development opportunities
in areas of medium geothermal potential with feasible slopes (457,700
acres) compared to the proposed rule (140,800 acres). There are
currently no existing geothermal leases on National Forest land in
Idaho.
The proposed rule is not expected to have a significant impact on
other local resource issues or concerns including livestock grazing,
saleable minerals, other leasable minerals (oil, gas, and coal),
locatable minerals, or energy corridors.
Roadless Characteristics
Roadless characteristics include high quality soil, water
(including drinking water), and air; plant and animal diversity;
habitat for sensitive species; reference landscapes and high scenic
quality; primitive and semi-primitive recreation; cultural resources;
and other locally identified unique characteristics. Shifts in the
number of roadless area acres assigned to more permissive management
themes can increase the potential for adverse effects to roadless
characteristics. However, reasonably foreseeable effects in the next 15
years are likely to be limited by levels of road construction/
reconstruction, timber cutting, and leasable minerals activity actually
projected to occur during that time.
Based on the relative acreage assigned to different management
themes, the proposed rule creates greater potential for reductions in
scenic integrity compared to the 2001 rule but lower potential relative
to existing plans. The proposed rule assigns 5.5 million acres to
management themes (GFRG, backcountry) that permit activities that could
trigger moderate reductions in scenic integrity. Theme assignments
under existing plans create potential for triggering similar integrity
reductions on 5.9 million acres. Potential reductions would be
moderated under the backcountry theme due to more restrictive
management requirements relative to GFRG. There is little potential for
reductions in scenic integrity under the 2001 rule. Reasonably
foreseeable reductions in scenic integrity from timber cutting are
limited to those resulting from projected harvest levels. Foreseeable
reductions in scenic integrity from high to low levels from long-term
development (50+ years) of unleased phosphate reserves are similar for
the proposed rule (12,100 acres) and existing plans (13,400 acres) and
confined to the Caribou Targhee National Forest. Reductions in scenic
integrity associated with development of existing phosphate leases are
similar across the three alternatives.
The proposed rule does not directly affect wilderness designations
in the context of the National Wilderness Preservation System, but the
changes in activities permitted within Idaho Roadless Areas under the
proposed rule have the potential to affect the degree to which Idaho
Roadless Areas are considered for future wilderness designation.
Reductions in wilderness characteristics are most likely to occur in
areas assigned to the GFRG theme (1.262 million acres under existing
plans; 609,500 acres under the proposed rule). Activities may not
change wilderness characteristics if the effects of prior activities
are still evident within GFRG areas. Acreage recommended for wilderness
increases from 1,320,900 under existing plans (that is, current
wilderness recommendations) to 1,378,600 under the proposed rule,
primarily through assignment of areas to the wild land recreation
theme. A vast majority of acreage is likely to retain existing
wilderness characteristics under the 2001 rule, and no changes occur
regarding recommended wilderness under the 2001 rule.
No measurable differences in dispersed recreation opportunities are
expected across alternatives. Losses in dispersed recreation associated
with development of existing phosphate leases are equal for all
alternatives; development of future leases will affect opportunities
but not within 15 years (that is, >50 years). Perceptions of remoteness
and solitude may be affected in dispersed recreation areas where timber
cutting and road construction occur, but effects are constrained by
projected levels of these activities.
Opportunities for developed recreation are limited under the
proposed rule but increase to some extent under existing plans, though
reasonably foreseeable development is minimal. Opportunities for
maintaining dispersed recreation opportunities are high under the 2001
rule, with little potential for increases in developed recreation
opportunities. Concerns about access and designations for motorized
versus non-motorized recreation were raised in comments
[[Page 1144]]
during scoping, however, the proposed rule does not provide direction
on where and when off highway vehicle (OHV) use would be permissible
and makes clear that travel planning-related actions should be
addressed through travel management planning and individual forest
plans.
The potential for adverse effects to plant, wildlife, and aquatic
species and habitat is lower under the proposed rule, compared to
existing plans due to fewer acres assigned to more permissive themes.
However, reasonably foreseeable effects are constrained by projected
levels of road construction/reconstruction, timber cutting, and
leasable minerals activity over the next 15 years. Acreage assigned to
wild land, primitive, and SAHTS themes should have a beneficial effect
on sensitive species and habitat. Acreage under these themes contains
289 occurrences of known sensitive plant populations (out of a total of
666) compared to 293 occurrences on similar themes under existing
plans. The management prescriptions under the 2001 rule are likely to
have beneficial effects on sensitive species, as well as biodiversity.
Road building associated with timber cutting will have a negligible
effect on high hazard soils under all alternatives. Road building is
likely to affect high hazard soils in areas associated with existing
phosphate leases but effects are equivalent across alternatives.
Similar effects associated with future leases are possible but not
likely to occur within the next 15 years under the proposed rule and
existing plans (future leases are not feasible under the 2001 rule).
The proposed rule is expected to have negligible adverse effects on
other resources associated with roadless characteristics including
cultural resources, air, water, climate change, non-timber products,
and outfitter and guide opportunities based on reasonably foreseeable
activity projections. Any adverse impacts to these resources and
services would be addressed through analysis conducted in accordance
with NEPA and minimized through compliance with forest plan guidelines.
Agency Costs and Revenues
Agency costs and revenues are summarized in Table 1. Aggregate
timber program costs under the proposed rule are expected to be greater
than costs under the 2001 rule and lower than costs under existing
plans when considering projected levels of timber cutting. Treatment
costs per acre are expected to be lower under the proposed rule and
existing plans compared to the 2001 rule due to greater flexibility
regarding treatment methods under the GFRG theme. Greater acreage
assigned to GFRG under existing plans implies potential for some gains
in treatment cost effectiveness relative to the proposed rule. Lower
costs imply greater capacity for generating viable sales and positive
net revenues for a given project. Net revenues may increase under the
proposed rule relative to the 2001 rule, primarily for the Idaho
Panhandle NF and the Northern economic area (EA) based on projected
levels of timber cutting. However, net revenues may decrease under the
proposed rule when compared to revenues generated by projected timber
cutting under existing plans for the Idaho Panhandle, Clearwater, and
Nez Perce National Forests.
Projected total miles of new roads (constructed and reconstructed)
are 15, 180, and 60 miles over the next 15 years under the 2001 rule,
existing plans, and the proposed rule respectively. Today,
approximately 1,800 miles of roads (include forest, other public,
private, and unauthorized roads) exist on 5% of the land within Idaho
Roadless Areas. Agency costs related to roads (e.g., administration,
planning, maintenance) are not likely to change significantly under the
proposed rule based on projected construction/reconstruction levels,
and due to the types of roads constructed (such as, temporary, single-
purpose).
Distributional Effects
The distributional effects of the proposed rule are quantified for
reasonably foreseeable levels of timber cutting and road construction
projected to occur over the next 15 years (see Table 2). The majority
of employment and income impacts are projected to occur in the
southeastern EA (due to leasable minerals), the northern EA (due to
timber cutting), and to some extent in the central EA. Predicted
amounts of phosphate output from Idaho Roadless Areas are not expected
to differ across alternatives over the next 15 years, implying that
jobs and labor income contributed by phosphate activities are constant
across alternatives.
Phosphate mining on existing leases is estimated to contribute the
greatest number of jobs and income, but jobs from this sector will not
differ by alternative. Timber cutting is primarily responsible for
differences in jobs and income across alternatives. Projected harvest
and accompanying road construction under the proposed rule is estimated
to contribute an additional 80 jobs and $1.6 million in income per
year, relative to conditions under the 2001 rule. These changes are
expected to occur in the northern (Idaho Panhandle NF) and southeastern
(Caribou/Targhee NF) economic areas. In contrast, annual employment and
income are estimated to be lower under the proposed rule compared to
existing plans by 221 jobs and $6 million in labor income. These
effects are likely to occur within the northern, southeastern, and
central (Clearwater NF) economic areas.
Timber-dependent counties where changes in harvest opportunities
and corresponding jobs and income may have the most significant impact
on local economies are identified by economic area. Nine counties are
identified for the northern EA, while five such counties are located in
the central EA, one of which is located in the State of Washington. One
additional county is located in the southeastern EA. Little or no
potential for adverse impacts to the local economy is predicted for
these counties under the proposed rule relative to the 2001 rule, but
some potential for adverse impacts exists compared to existing plans.
Payments to counties are expected to remain the same under all
alternatives as long as the Secure Rural Schools and Community Self-
Determination Act (SRSA) remains in effect. If SRSA is allowed to
lapse, the timber-dependent counties noted above are likely to
experience the greatest loss. Mineral-based payments to states are a
function of receipts from leasable minerals, including receipts from
phosphate operations, but no differences in phosphate production are
projected across alternatives.
[[Page 1145]]
Table 1.--Summary of Net Benefits of the Proposed Rule and Alternatives
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Category 2001 Roadless rule Existing plans Proposed rule
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LOCAL RESOURCE CONCERNS
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Forest Health
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Insects and Disease.............. Most of the 1.4 million Opportunities for Opportunities for
acres currently at risk treatment under GFRG treatment under GFRG
of 25% mortality or and backcountry themes: and backcountry themes:
significant growth loss 190,000 acres 26,000 acres
will remain untreated. of high risk (9) forest of high risk (9) forest
assigned to GFRG. assigned to GFRG.
730,000 acres 940,000 acres
of high risk forest of high risk forest
assigned to backcountry. assigned to
backcountry.
Projected treatments on Backcountry treatments
42,000 acres likely to must be for forest
be effective over 15 health and/or hazardous
years. fuels reductions, and
retain roadless
characteristics.
Projected treatments on
12,000 acres likely to
be effective over 15
years.
Noxious Weeds.................... Spreading is unlikely Some potential for Some potential for
given limited potential spreading based on spreading based on
for soil disturbance. acreage assigned to acreage assigned to
28,000 acres of weeds GFRG (1.262 million); GFRG (609,500 acres);
currently found in Idaho the limited degree of the limited degree of
Roadless Areas. projected road projected construction,
construction, timber harvest and mineral
cutting, and mineral activity would minimize
activity will minimize the potential for
the potential for spreading. 2,600 acres
spreading. 8,300 acres of noxious weeds
of weeds currently currently found in
found in GFRG. GFRG.
Fuel Management.................. Road construction not Road construction Road construction
permitted in conjunction permitted in permitted in
w