[Federal Register: December 17, 2003 (Volume 68, Number 242)]
[Proposed Rules]               
[Page 70215-70219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de03-30]                         

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

RIN: 1512-AC62

[Notice No. 24]

 
Proposed Trinity Lakes Viticultural Area (2001R-32P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the ``Trinity Lakes'' viticultural area in Trinity County, 
California. The proposed viticultural area consists of approximately 
96,000 acres surrounding Trinity and Lewiston lakes and a portion of 
the Trinity River basin below Lewiston Dam. We invite comments on this 
proposal.

DATES: We must receive written comments on or before February 17, 2004.

ADDRESSES: You may send comments to any of the following addresses:
    [sbull] Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, PO Box 50221, Washington, DC 20091-0221 
(Attn: Notice No. 24);
    [sbull] 202-927-8525 (facsimile);
    [sbull] nprm@ttb.gov (e-mail); or
    [sbull] http://www.ttb.gov (An online comment form is posted with 

this notice on our Web site.)
    You may view copies of this notice and any comments received at 
http://www.ttb.gov/alcohol/rules/index.htm or by appointment at our 

library, 1310 G Street, NW., Washington, DC 20005; phone 202-927-8210.
    See the Public Participation section of this notice for specific 
instructions and requirements, and for information on how to request a 
public hearing.

FOR FURTHER INFORMATION CONTACT: Tim DeVanney, Specialist, Regulations 
and Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 650 
Massachusetts Avenue, NW., Washington, DC 20226; telephone 202-927-
8210.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas

TTB Authority

    The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 
205(e) requires that alcohol beverage labels provide the consumer with 
adequate information regarding a product's identity, while prohibiting 
the use of misleading information on such labels. The FAA Act also 
authorizes the Secretary of the Treasury to issue regulations to carry 
out the Act's provisions. The Secretary has delegated this authority to 
the Alcohol and Tobacco Tax and Trade Bureau (TTB).
    Regulations in 27 CFR Part 4, Labeling and Advertising of Wine, 
allow the establishment of definitive viticultural areas and the use of 
their names as appellations of origin on wine labels and in wine 
advertisements. Title 27 CFR Part 9, American Viticultural Areas, 
contains the list of approved viticultural areas.

Definition

    Title 27 CFR 4.25(e)(1) defines an American viticultural area as a 
delimited grape-growing region distinguishable by geographic features 
whose boundary has been delineated in subpart C of part 9. The 
establishment of viticultural areas allows the identification of 
regions where a given quality, reputation, or other characteristics of 
the wine is essentially attributable to its geographic origin. We 
believe that the establishment of viticultural areas allows wineries to 
describe more accurately the origin of their wines to consumers and 
helps consumers identify the wines they purchase. Establishment of a 
viticultural area is neither an approval nor endorsement by TTB of the 
wine produced there.

Requirements

    Section 4.25(e)(2) outlines the procedure for proposing an American 
viticultural area. Anyone interested may

[[Page 70216]]

petition TTB to establish a grape-growing region as a viticultural 
area. The petition must include--
    [sbull] Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
    [sbull] Historical or current evidence that the boundaries of the 
proposed viticultural area are as specified in the petition;
    [sbull] Evidence that the proposed area's growing conditions, such 
as climate, soils, elevation, physical features, etc., distinguish it 
from surrounding areas;
    [sbull] A description of the proposed viticultural area's specific 
boundaries, based on features found on maps approved by the United 
States Geological Survey (USGS); and
    [sbull] A copy of the appropriate USGS-approved map(s) with the 
boundaries prominently marked.

Impact on Current Wine Labels

    Under our 27 CFR part 4 regulations, viticultural area names have 
geographic significance. The regulations prohibit the use of a brand 
name with geographic significance on a wine unless the wine meets the 
appellation of origin requirements for the named area. Our regulations 
also prohibit any other label references that suggest an origin other 
than the true place of origin of the wine.
    If we establish this proposed viticultural area, bottlers who use 
brand names, including trademarks like Trinity Lakes, must ensure that 
their existing products are eligible to use the viticultural area's 
name as an appellation of origin. For a wine to be eligible, at least 
85 percent of the grapes in the wine must have been grown within the 
viticultural area, and the wine must meet the other requirements of 27 
CFR 4.25(e)(3). If a wine is not eligible for the appellation, the 
bottler must change the brand name or other label reference and obtain 
approval of a new label.
    Different rules apply to wines in this category that have brand 
names traceable to labels approved prior to July 7, 1986. See 27 CFR 
4.39(i) for details. In addition, if you use the viticultural area name 
on a wine label in a context other than an appellation of origin, the 
general prohibitions against misleading representation in 27 CFR part 4 
apply.

Trinity Lakes Petition

    TTB has received a petition from Keith Groves of Alpen Cellars 
proposing a new American viticultural area to be called ``Trinity 
Lakes.'' The proposed viticultural area is in Trinity County, in 
northwest California. It encompasses two man-made reservoirs, Trinity 
Lake and the adjoining but smaller Lewiston Lake to its south, and a 
portion of the Trinity River basin below Lewiston Dam. According to the 
petition, the proposed area covers about 96,000 acres, of which 18%, or 
17,285 acres, is lake surface water, while 1.5%, or 1,440 acres, is 
land suitable for viticulture. Currently, 30 acres are planted 
vineyards. Rugged, steep, timbered ridges and narrow agricultural 
valleys characterize the proposed area. The lakes' daytime cooling and 
nighttime warming influences moderate the agricultural valleys' 
climate.

Name Evidence

    The majority of the proposed Trinity Lakes viticultural area is 
located within the Trinity Lake unit of the Whiskeytown-Shasta-Trinity 
National Recreation Area. This unit includes both Trinity Lake and the 
smaller Lewiston Lake and, according to the petitioner, the region 
surrounding both lakes is commonly known as the Trinity Lakes area. The 
petitioner provided current photographs of road signs displaying the 
Trinity Lakes name as a reference for both Trinity and Lewiston Lakes. 
In Weaverville, Trinity Lakes Boulevard is the name used for California 
3, a major highway.
    A letter, dated December 13, 2002, from Mr. David Steinhauser, 
president of the Trinity County Chamber of Commerce, fully supports 
this viticultural proposal. He writes that the name ``Trinity Lakes'' 
is used to refer to the lake areas of Trinity and Lewiston Lakes.
    Created in the early 1960s, the larger man-made lake was originally 
named Clair Engle Lake. The petitioner states, however, that area 
residents have historically referred to the lake as, and prefer the 
name of, Trinity Lake. The petitioner notes that a grassroots movement 
sought to change the lake's name and mentions that Clair Engle Lake 
road signs often disappeared shortly after being posted. A 1997 Trinity 
Journal news article, included in the petition, spoke of U.S. Senator 
Barbara Boxer's support for the effort to have the lake re-named. 
Congress and the President made the change official in September 1997, 
with the passage and approval of Public Law 105-44, which renamed the 
reservoir Trinity Lake. The current California AAA road map and USGS 
topographic maps use the Trinity Lakes name.

Boundary Evidence

    The proposed Trinity Lakes viticultural area was viticulturally 
developed only after the completion of the two man-made lakes in the 
early 1960s as the climate-moderating lake effect on the surrounding 
valleys provided an opportunity to grow wine grapes. The petitioner 
states that in 1981 a small vineyard was planted at the north end of 
Trinity Lake. It became a bonded winery in 1984. There are currently 
four vineyards, encompassing 30 acres, producing wine grapes within the 
proposed viticultural area.
    The proposed Trinity Lakes viticultural area is in Trinity County, 
California. The proposed area is irregular in shape, generally running 
from northeast to southwest, and surrounds Trinity Lake, the smaller 
Lewiston Lake to the south of Trinity Dam, and a portion of the Trinity 
River basin downstream of Lewiston Dam. The majority of the proposed 
area is within the Trinity Lake unit of the Whiskeytown-Shasta-Trinity 
National Recreation Area.
    The boundary of the proposed viticultural area begins north of 
Carrville at Derrick Flat, runs east across the Trinity River, 
continues south and southwest past Trinity and Lewiston dams and the 
town of Lewiston, and crosses the Trinity River near the mouth of 
Neaman Gulch. The boundary then runs north and northeast back past the 
two dams and the town of Trinity Center, returning to the beginning 
point at Derrick Flat. A list of the approved U.S.G.S. maps, used for 
determining the boundary of the proposed area, is located in paragraph 
(b) of the proposed rule below.
    The boundaries of the proposed Trinity Lakes viticultural area are 
discussed in detail in paragraph (c) of the proposed rule shown below 
in this notice.

Growing Conditions/Geographical Features

    The petitioner indicates that rugged, steep, timbered ridges 
dropping into Trinity and Lewiston lakes and the Trinity River basin 
characterize the area's topography. The Bureau of Land Reclamation 
states that Trinity Lake's surface covers 16,535 acres while Lewiston 
Lake covers 750 acres, for a total of 17,285 acres of lake surface 
water. The filling of the lakes has left small, narrow valleys around 
the lakes, which are suitable for viticulture.
    The large surface area of the two lakes moderates the proposed 
viticultural area's climate, bringing cooler days and warmer nights to 
the narrow valleys and the Trinity River basin. The petition cites a 
70-year local resident's claim that there is less snow and sub-freezing 
weather and more fog than before the lakes' creation. This provides, 
according to the petitioner, a uniquely situated

[[Page 70217]]

and moderated grape-growing region. Other potential grape growing 
areas, located further from the lakes and outside the proposed area, 
have a similar mountainous climate, but no moderating lake influence.
    The petition indicates the agricultural soils of the proposed 
viticultural area are on well-drained alluvial fans in narrow valleys 
on stream terraces. The petitioner states that this contrasts with 
surrounding Trinity County areas, which have wider valley floors and 
deeper soils with higher clay content.

Boundary Description

    The proposed viticultural area is located in Trinity County in 
northwest California. The boundary encompasses Trinity Lake and 
Lewiston Lake, both within the Trinity Lake unit of the Whiskeytown-
Shasta-Trinity National Recreation Area, and a portion of the Trinity 
River basin below Lewiston Dam.

Maps

    The petitioner submitted the required United States Geological 
Survey (USGS)-approved required maps. See the list of maps in the 
proposed regulation below.

Public Participation

Comments Sought

    We request comments from anyone interested. Please support your 
comments with specific information about the proposed area's name, 
growing conditions, or boundaries. All comments must include your name 
and mailing address, reference this notice number, and be legible and 
written in language acceptable for public disclosure.
    Although we do not acknowledge receipt, we will consider your 
comments if we receive them on or before the closing date. We will 
consider comments received after the closing date if we can. We regard 
all comments as originals.

Confidentiality

    We do not recognize any submitted material as confidential. All 
comments are part of the public record and subject to disclosure. Do 
not enclose in your comments any material you consider confidential or 
inappropriate for disclosure.

Submitting Comments

    You may submit comments in any of four ways:
    [sbull] By mail: You may send written comments to TTB at the 
address listed in the ADDRESSES section.
    [sbull] By facsimile: You may submit comments by facsimile 
transmission to 202-927-8525. Faxed comments must--
    (1) Be on 8.5-by 11-inch paper;
    (2) Contain a legible, written signature; and
    (3) Be five or less pages long. This limitation assures electronic 
access to our equipment. We will not accept faxed comments that exceed 
five pages.
    [sbull] By e-mail: You may e-mail comments to nprm@ttb.gov. 
Comments transmitted by electronic-mail must--
    (1) Contain your e-mail address;
    (2) Reference this notice number on the subject line; and
    (3) Be legible when printed on 8.5-by 11-inch paper.
    [sbull] By online form: We provide a comment form with the online 
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm.
 Select ``Send comments via e-mail'' under this notice 

number.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine, in light of all circumstances, whether a public hearing 
will be held.

Disclosure

    You may view copies of the petition, the proposed regulation, the 
appropriate maps, and any comments received by appointment at our 
library, 1310 G Street, NW., Washington, DC 20005. You may also obtain 
copies at 20 cents per 8.5-x 11-inch page. Contact our librarian at the 
above address or telephone 202-927-8210 to schedule an appointment or 
to request copies of comments.
    For your convenience, we will post this notice and the comments 
received on the TTB Web site. We may omit voluminous attachments or 
material that we consider unsuitable for posting. In all cases, the 
full comment will be available in the TTB Reference Library. To access 
the online copy of this notice, visit http://www.ttb.gov/alcohol/rules/index.htm
 and select the ``View Comments'' link under this notice 

number to view the posted comments.

Regulatory Analyses and Notices

Paperwork Reduction Act

    We propose no requirement to collect information. Therefore, the 
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and 
its implementing regulations, 5 CFR part 1320, do not apply.

Regulatory Flexibility Act

    We certify that this proposed regulation, if adopted, will not have 
a significant economic impact on a substantial number of small 
entities. This proposed regulation imposes no new reporting, 
recordkeeping, or other administrative requirement. Any benefit derived 
from the use of a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires 
no regulatory assessment.

Drafting Information

    The principal author of this document is Tim DeVanney, Regulations 
and Procedures Division, Alcohol and Tobacco Tax and Trade Bureau.

List of Subjects in 27 CFR Part 9

    Wine.

Authority and Issuance

    For the reasons discussed in the preamble, we propose to amend 
Title 27, Code of Federal Regulations, Part 9, American Viticultural 
Areas, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

    1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

    2. Subpart C is amended by adding Sec.  9.-- to read as follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.--   Trinity Lakes.

    (a) The name of the viticultural area described in this section is 
``Trinity Lakes''.
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Trinity Lakes viticultural area are eleven 1:24,000 
Scale USGS topographic maps. They are titled:
    (1) Carrville, Calif. Provisional Edition 1986;
    (2) Whisky Bill Peak, Calif. Provisional Edition 1986;
    (3) Damnation Peak, Calif. Provisional Edition 1982;
    (4) Trinity Center, Calif. Provisional Edition 1982;
    (5) Papoose Creek, Calif. Provisional Edition 1982;
    (6) Trinity Dam, Calif. Provisional Edition 1982;
    (7) Lewiston, Calif. Provisional Edition 1982;

[[Page 70218]]

    (8) Weaverville, Calif. Provisional Edition 1982;
    (9) Rush Creek Lakes, Calif. Provisional Edition 1982;
    (10) Siligo Peak, Calif. Provisional Edition 1982; and
    (11) Covington Mill, Calif. Provisional Edition 1982.
    (c) Boundaries. The proposed viticultural area is located in 
Trinity County in northern California. The boundary encompasses Trinity 
Lake and Lewiston Lake, both within the Trinity Lake unit of the 
Whiskeytown-Shasta-Trinity National Recreation Area, and a portion of 
the Trinity River basin below Lewiston Dam.
    (1) The beginning point is on the Carrville, California quadrangle 
map on township line T38N/T37N at the northwest corner of section 5, 
T37N/R7W, near the Trinity River at Derrick Flat;
    (2) From the beginning point, follow township line T38N/T37N due 
east to the northeast corner of section 5, T37N/R7W;
    (3) Proceed due south on the eastern boundary of sections 5, 8, 17, 
and 20 to the northwest corner of section 28, T37N/R7W, near Snow 
Gulch;
    (4) Follow the northern boundary of section 28, T37N/R7W, due east 
to the section's northeast corner;
    (5) Continue due south on the eastern boundary of sections 28 and 
33, T37N/R7W, to township line T37N/T36N at the northeast corner of 
section 4, T36N/R7W;
    (6) Proceed due east on township line T37N/T36N onto the Whisky 
Bill Peak, California quadrangle map to the R7W/R6W range line at the 
southwest corner of section 31, T37N/R6W, near the East Fork of the 
Trinity River;
    (7) Follow the R7W/R6W range line due north to the northwest corner 
of section 30, T37N/R6W;
    (8) Continue due east along the northern boundary of section 30, 
T37N/R6W, to the section's northeast corner;
    (9) Proceed due south on the eastern boundary of sections 30 and 
31, T37N/R6W, and sections 6 and 7, T36N/R6W, and continue onto the 
Damnation Peak, California quadrangle map to the southeast corner of 
section 7;
    (10) Follow the southern boundary of section 7, T36N/R6W, and 
section 12, T36N/R7W, due west onto the Trinity Center, California 
quadrangle map to the northeast corner of section 14, T36N/R7W;
    (11) Continue due south along the eastern boundary of sections 14, 
23, 26, and 35, T36N/R7W, to the boundary's intersection with township 
line T36N/T35N at the southeast corner of section 35;
    (12) Proceed due west along township line T36N/T35N approximately 
0.5 miles to the township line's intersection with the 900-meter 
contour line;
    (13) Follow the meandering 900-meter contour line generally west 
through sections 35 and 34, T36N/R7W; cross the T36N/T35N township line 
and continue generally southwest on the contour line around Linton 
Ridge, through Bridge Gulch, Bragdon Gulch, and around Feeny Ridge; 
cross onto the Papoose Creek, California quadrangle map and continue 
southwesterly to the contour line's first intersection with a line 
marked ``NAT RECREATION BDY INDEFINITE,'' approximately 2000 feet north 
of Feeny Gulch;
    (14) Continue easterly on the 900-meter contour line over Feeny 
Gulch; then proceed southwesterly on the meandering contour line across 
Van Ness Creek, both Bear Gulches, Langdon Gulch, Digger Gulch, around 
Fairview Ridge, along the northern side of Papoose Arm, and over the 
North, East and South Forks of Papoose Creek; continue westerly on the 
contour line along the southern side of Papoose Arm to the contour 
line's intersection with Little Papoose Creek in section 24, T34N/R8W;
    (15) Continue generally west along the meandering 900-meter contour 
line through sections 24, 23, 14, and 15, T34N/R8W; cross onto the 
Trinity Dam, California quadrangle map and continue on the contour line 
through sections 15 and 22; pass back onto the Papoose Creek map and 
follow the contour line through sections 22, 23, and 22 again; then 
cross back onto the Trinity Dam map and follow the contour line to its 
intersection with the southern boundary of section 22, T34N/R8W;
    (16) Proceed due west along the southern boundary of section 22 to 
the northeast corner of section 28, T34N/R8W;
    (17) Follow the eastern boundary of sections 28 and 33, T34W/R8W, 
and section 4, T33N/R8W, due south onto the Lewiston, California 
quadrangle map, and continue due south on the eastern boundary of 
sections 4, 9, 16, and 21 to the southeast corner of section 21, T33N/
R8W;
    (18) Then proceed due west along the southern boundary of sections 
21 and 20 to the northeast corner of section 30, T33N/R8W;
    (19) Follow the eastern boundary of section 30, T33N/R8W, due south 
to the section's southeast corner;
    (20) Continue due west along the southern boundary of section 30, 
T33N/R8W, and sections 25 and 26, T33N/R9W, to the northeast corner of 
section 34, T33N/R9W;
    (21) Proceed due south on the eastern boundary of section 34, T33N/
R9W, and section 3, T32N/R9W, to the southeast corner of section 3 near 
Tom Lang Gulch;
    (22) Follow the southern boundary of section 3, T32N/R9W, due west 
onto the Weaverville, California quadrangle map, and continue west 
along the southern boundary of sections 3, 4, and 5, T32N/R9W, to the 
southwest corner of section 5;
    (23) Then proceed due north along the western boundary of section 
5, T32N/R9W, for approximately 0.8 miles to its intersection with the 
700-meter contour line;
    (24) Follow the 700-meter contour line generally northwest through 
section 5, T32N/R9W, and then through sections 32, 31, 32 again, 29, 
and 28, T33N/R9W, to the contour line's intersection with the northern 
boundary of section 28;
    (25) Proceed due east along the northern boundary of section 28 
across Limekiln Gulch and China Gulch to the southwest corner of 
section 22, T33N/R9W;
    (26) Follow the western boundary of section 22, T33N/R9W, due north 
to the section's northwest corner;
    (27) Then continue due east along the northern boundary of section 
22, T33N/R9W, onto the Lewiston map to the section's northeast corner;
    (28) Proceed due north on the western boundary of section 14, T33N/
R9W, to the section's northwest corner;
    (29) Follow the northern boundary of sections 14 and 13, T33N/R9W, 
due east to the R9W/R8W range line at the northeast corner of section 
13;
    (30) Then proceed due north along the R9W/R8W range line onto the 
Trinity Dam map, and continue along the range line to the southeast 
corner of section 1, R9W/T34N, near Smith Gulch;
    (31) Continue due west along the southern boundary of section 1, 
T34N/R9W, for approximately 0.3 miles to its intersection with the 900-
meter contour line;
    (32) Follow the meandering 900-meter contour line generally west 
over Tannery Gulch and around Tannery Ridge, cross onto the Rush Creek 
Lakes, California quadrangle map, and continue along the 900-meter 
contour line to its intersection with Slate Creek in section 4, T34N/
R9W;
    (33) Using the Rush Creek Lakes and Trinity Dam maps, follow the 
contour line generally northeast from Slate Creek, crossing Irish Gulch 
in section 3, T34N/R9W, (crossing back and forth between the two maps 
three times) to the contour line's intersection with township line 
T34N/T35N at the

[[Page 70219]]

northern boundary of section 3, T34N/R9W, on the Trinity Dam map;
    (34) Continue generally northwest on the meandering 900-meter 
contour line and cross onto the Rush Creek Lakes map in section 34, 
T35N/R9W; continue northwesterly on the contour line over Cummings 
Creek, Bear Gulch, Snowslide Gulch, Sawmill Creek, and Van Matre Creek; 
cross onto the Siligo Peak, California quadrangle map and continue 
generally northwest on the 900-meter contour line over Middle Creek and 
Owens Creek to the contour line's intersection with Stuart Fork;
    (35) Continue generally southeast on the 900-meter contour line 
over Fire Camp Creek, Lightning Creek, and Sunday Creek; cross onto the 
Rush Creek Lakes map and continue generally southeast on the contour 
line over Elk Gulch and Trinity Alps Creek; cross onto the Trinity Dam 
map in section 27, T35N/R9W, and proceed easterly along the contour 
line to its intersection with the eastern boundary of section 27, T35N/
R9W;
    (36) Continue generally north along the 900-meter contour line 
through sections 26 and 23, T35N/R9W, cross onto the Covington Mill, 
California quadrangle map in section 23, T35N/R9W, and continue 
northerly along the contour line to its intersection with Stoney Creek 
in the same section;
    (37) From Stoney Creek, continue generally south on the 900-meter 
contour line, cross back onto the Trinity Dam map in section 23, T35N/
R9W, and continue southerly on the contour line through sections 23, 
26, and 35 to the contour line's intersection with the eastern boundary 
of section 35, T35N/R9W, near that section's northeast corner;
    (38) Continue generally northeast on the meandering 900-meter 
contour line over Telephone Ridge, Buck Gulch, and Buck Ridge; cross 
onto the Covington Mill map in section 19, T35N/R8W, and continue 
northwesterly along the contour line across Mule Creek and Snowslide 
Gulch in section 13, T35N/R9W; continue on the contour line, cross 
Little Mule Creek in section 18, T35N/R8W, and continue southeasterly 
on the contour line to its intersection with a line marked ``TRANS LINE 
SINGLE WOOD POLES'' in section 20, T35N/R8W;
    (39) Continue generally northeast along the 900-meter contour line 
through sections 20 and 17, T35N/R8W, and cross Strope Creek, Mosquito 
Gulch, Greenhorn Gulch, Taylor Gulch, Stuart Fork (in section 5, T35N/
R8W), and Davis Creek; cross onto the Trinity Center map in section 35, 
T36/R8W, and continue on the contour line to its intersection with the 
northern boundary of that section;
    (40) Proceed due east along the northern boundary of sections 35 
and 36, T36N/R8W, to the R8W/R7W range line at the northeast corner of 
section 36;
    (41) Follow the R8W/R7W range line due north onto the Carrville map 
and continue along the range line to its intersection with township 
line T38N/T37N at the northwest corner of section 6, T37N/R7W; and
    (42) Proceed due east along township line T38N/T37N and return to 
the beginning point at the northwest corner of section 5, T37N/R7W.

    Signed: December 3, 2003.
Arthur J. Libertucci,
Administrator.
[FR Doc. 03-31052 Filed 12-16-03; 8:45 am]

BILLING CODE 4810-31-P