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USDA/FS RIN: 0596-AD26 Publication ID: Fall 2016 
Title: Colorado Roadless Rule--North Fork Coal Mining Exception (Rule) 
Abstract:

The 2012 Colorado Roadless Rule (CRR) provides management direction for conserving and managing approximately 4.2 million acres of Colorado Roadless Areas (CRAs) on National Forest System (NFS) lands. The State of Colorado and Forest Service worked in partnership to strike a balance between conserving roadless area characteristics for future generations and allowing management activities within CRA that are important to the citizens and economy of the State of Colorado.

As part of that balance, the CRR included an exception to its general prohibition on road construction in CRAs: the North Fork coal mining exception. This exception allowed temporary road construction in CRAs for coal-related surface activities within a 19,100-acre area on the Grand Mesa, Uncompahgre, and Gunnison National Forests (36 C.F.R. 294.43(c)(1)(ix)). On September 11, 2014, the Colorado U.S. District Court vacated this provision of the CRR for National Environmental Policy Act (NEPA) deficiencies.

The Forest Service proposes to remedy the court-identified NEPA deficiencies in a supplemental environmental impact statement and re-establish this exception to the CRR. In addition, the Forest Service is proposing to administratively correct the North Fork coal mining area boundary and the underlying CRA boundaries to remedy clerical errors. Total acres of the North Fork coal mining area would increase from 19,100 acres to 19,700 acres, the majority of the change (500 acres) is due to a math error found in the 2012 Final Environmental Impact Statement.

 

 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 36 CFR 294, subpart D     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 16 U.S.C. 472, 529, 551, 1608, 1613    23 U.S.C. 201, 205   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/20/2015  80 FR 72665   
NPRM Comment Period Extended  12/30/2015  80 FR 81494   
NPRM Comment Period End  01/15/2016 
Final Rule  11/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Tinathan A. Lewis
Department of Agriculture
201 14th Street SW,
Washington, DC 20024
Phone:202 205-3773
Email: talewis@fs.fed.us