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(a) The provisions of this subpart apply exclusively to the development and review of petitions made pursuant to this subpart.
(b) Nothing in this subpart shall be construed to provide for the transfer to, or administration by, a State or local authority of any Federally owned lands.
(c) Nothing in this subpart, nor any regulation promulgated pursuant to this petitioning process, shall prohibit the exercise of any valid existing rights.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 472 - Laws affecting national forest lands
§ 529 - Authorization of development and administration consideration to relative values of resources; areas of wilderness
§ 551 - Protection of national forests; rules and regulations
§ 1608 - National Forest Transportation System
§ 1613 - Promulgation of regulations
§ 201 - Federal lands and tribal transportation programs
§ 205 - Forest development roads and trails
Title 36 published on 2015-08-22
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 36 CFR Part 294 after this date.
This document delays the effective date of a final rule titled, “Roadless Area Conservation; National Forest System Lands in Colorado,” that was published in the Federal Register on December 19, 2016 reinstating the North Fork Coal Mining Area exception to the Colorado Roadless Rule.
The U.S. Department of Agriculture (USDA) is reinstating the North Fork Coal Mining Area exception to the Colorado Roadless Rule. The Colorado Roadless Rule is a State-specific rule that establishes management direction for the conservation of roadless area values and characteristics across approximately 4.2 million acres of land located within the State of Colorado in Roadless Areas on National Forest System (NFS) lands. The North Fork Coal Mining Area exception to the Colorado Roadless Rule provides for the construction of temporary roads, if needed, for coal exploration and coal-related surface activities in the 19,700-acre area defined as the North Fork Coal Mining Area. The Colorado Roadless Rule was promulgated on July 3, 2012, but the U.S. District Court for the State of Colorado ruled that the environmental analysis performed by the U.S. Forest Service on behalf of the USDA pursuant to the National Environmental Policy Act was deficient. The Forest Service prepared a Supplemental Environmental Impact Statement (SEIS) to respond to the specific deficiencies identified in that U.S. District Court ruling. In addition, an administrative correction is being conducted by the USDA for Colorado Roadless Area (CRA) boundaries associated with the North Fork Coal Mining Area based on updated information. The correction adds an additional 200 acres to the roadless area in the 2012 Colorado Roadless Rule. These boundary corrections address changes identified by new road survey information.
The Forest Service published a notice in the Federal Register on November 20, 2015, initiating a 45-day comment period on the proposed rule on Roadless Area Conservation; National Forests System Lands in Colorado. The closing date for the 45-day comment period was January 4, 2016. The Agency is extending the comment period to January 15, 2016.
The U.S. Department of Agriculture (USDA) is proposing to reinstate the North Fork Coal Mining Area exception of the Colorado Roadless Rule. The Colorado Roadless Rule is a State-specific rule that provides direction for conserving and managing approximately 4.2 million acres of Colorado Roadless Areas (CRAs) on National Forest System (NFS) lands within the state of Colorado. The North Fork Coal Mining Area exception allowed for temporary road construction for coal exploration and/or coal-related surface activities in an area defined as the North Fork Coal Mining Area, which was inadvertently reported as 19,100 acres in 2012, and was actually 19,500 acres. The Forest Service, on behalf of the Department, has prepared a supplemental environmental impact statement (SEIS) addressing specific environmental disclosure deficiencies identified by the District Court of Colorado. In addition, the Department is proposing to correct certain CRA boundaries associated with the North Fork Coal Mining Area based on updated information. The Forest Service invites written comments on both the proposed rule and supplemental draft environmental impact statement.