[Federal Register: March 31, 2005 (Volume 70, Number 61)]
[Proposed Rules]               
[Page 16455-16459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr05-21]                         

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 37]
RIN 1513-AA95

 
Proposed Establishment of the Dos Rios Viticultural Area (2004R-
0173P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the ``Dos Rios'' viticultural area in Mendocino County, 
California. This proposed 15,500-acre viticultural area is about 150 
miles north of San Francisco, California. We designate viticultural 
areas to allow vintners to better describe the origin of their wines 
and to allow consumers to better identify wines they may purchase. We 
invite comments on this proposed addition to our regulations.

DATES: We must receive written comments on or before May 31, 2005.

ADDRESSES: You may send comments to any of the following addresses:
     Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 37, P.O. Box 14412, 
Washington, DC 20044-4412.
     202-927-8525 (facsimile).
     nprm@ttb.gov (e-mail).
     http://www.ttb.gov/alcohol/rules/index.htm. An online 

comment form is posted with this notice on our Web site.
     http://www.regulations.gov (Federal e-rulemaking portal; 

follow instructions for submitting comments).
    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive about this proposal by appointment at 
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an 
appointment, call 202-927-2400. You may also access copies of the 
notice and comments online at http://www.ttb.gov/alcohol/rules/index.htm
.

    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.

FOR FURTHER INFORMATION CONTACT: N. A. Sutton, AVA Program Manager, 
Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade 
Bureau, 925 Lakeville Street, No. 158, Petaluma, CA 94952; telephone 
415-271-1254.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (the FAA 
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels 
provide the consumer with adequate information regarding a product's 
identity and prohibits the use of misleading information on those 
labels. The FAA Act also authorizes the Secretary of the Treasury to 
issue regulations to carry out its provisions. The Alcohol and Tobacco 
Tax and Trade Bureau (TTB) administers these regulations.
    Part 4 of the TTB regulations (27 CFR part 4) allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains 
the list of approved viticultural areas.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries 
of which have been recognized and defined in part 9 of the regulations. 
These designations allow vintners and consumers to attribute a given 
quality, reputation, or other characteristic of a wine made from grapes 
grown in an area to its geographic origin. The establishment of 
viticultural areas allows vintners to describe more accurately the 
origin of their wines to consumers and helps consumers to identify 
wines they may purchase. Establishment of a viticultural area is 
neither an approval nor an endorsement by TTB of the wine produced in 
that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations outlines the procedure 
for proposing an American viticultural area and provides that any 
interested party may petition TTB to establish a grape-growing region 
as a viticultural area. Section 9.3(b) of the TTB regulations requires 
the petition to include--
     Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
     Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
     Evidence relating to the geographical features, such as 
climate, elevation, physical features, and soils, that distinguish the 
proposed viticultural area from surrounding areas;
     A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
     A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Dos Rios Petition

    TTB received a petition from Ralph Jens Carter of Sonoma, 
California,

[[Page 16456]]

proposing a new viticultural area to be called ``Dos Rios'' in northern 
Mendocino County, California. Located at the confluence of the Eel 
River and the Middle Fork of the Eel River, the proposed 15,500-acre 
Dos Rios viticultural area is about 40 miles north of Ukiah, 25 miles 
east of the Pacific Ocean, and about 5 miles north of the established 
North Coast viticultural area's northern boundary (see 27 CFR 9.30). 
The proposed area encompasses portions of the canyons containing the 
two rivers. According to the petition, the area's canyon-created wind 
patterns, river-reflected sunlight, soils, and transitional climate 
distinguish it from surrounding grape-growing regions. The petitioner 
states that, currently, six acres of commercial vineyards are planted 
within the proposed area's boundaries, with the potential for 
additional plantings.

Name Evidence

    ``Dos Rios'' is Spanish for ``two rivers,'' according to the Harper 
Collins Spanish College Dictionary, Fourth Edition, published in 2002. 
The United States Geological Survey (USGS) Dos Rios Quadrangle map 
shows the village of Dos Rios at the confluence of the Middle Fork of 
the Eel River and the main channel of the Eel River. The November 2002 
California State Automobile Association map and the 2003 California 
Compass Map show Dos Rios village along State Highway 162 east of 
Laytonville, California.
    The local GTE telephone directory lists Dos Rios and includes its 
95429 zip code. The local Vin DeTevis winery letterhead lists its 
location on Covelo Road in Dos Rios. The petition also included a copy 
of a 1982 photograph from a book entitled ``The Northwestern Pacific 
Railroad and Its Successors,'' by Wesley Fox (Fox Publications, Arvada, 
Colorado), which shows, according to its caption, a southbound freight 
train ``rolling along the rocky edges of the Eel River, south of Dos 
Rios.''

Boundary Evidence

    The proposed Dos Rios viticultural area encompasses the confluence 
of the Eel and the Middle Fork of the Eel Rivers, portions of the Eel 
River canyon to the north and south of the confluence, and a portion of 
the Middle Fork's canyon east of the confluence. The proposed area also 
includes portions of the side canyons of several seasonal tributaries. 
The proposed viticultural area covers about 15,500 acres, and its 
boundary outlines an irregular shape about 12 miles long east to west 
and 4 miles wide north to south.
    As shown on the USGS maps provided with the petition, the 
petitioner uses the 2,000-foot contour line to define the outer limits 
of the proposed viticultural area. Section lines shown on the USGS maps 
of the proposed area connect the 2,000 foot contour lines across the 
two rivers as the contour lines pass out of the Dos Rios area. The 
petition and letters from local residents state that the 2,000-foot 
contour line marks the upper limit of the microclimate created by the 
proposed area's canyon geography. Above the 2,000-foot contour line, 
the climate becomes colder and less conducive to viticulture, according 
to the petition, which cites the ``Sunset Western Garden Book'' (7th 
edition, 2001).
    As shown on the provided USGS maps, the northern boundary of the 
proposed Dos Rios viticultural area coincides with the Round Valley 
Indian Reservation's southern boundary where it crosses the Eel River, 
about 6 miles north of the village of Dos Rios. According to the 
petition, which cites a copy of the 1971 Hubbard Scientific 3-
dimensional map of the Ukiah, California, region, this portion of the 
proposed area includes windy and gentler, less eroded slopes.
    The eastern region of the proposed viticultural area includes 
mildly steep slopes close to the Middle Fork of the Eel River, as noted 
on the Hubbard Scientific Ukiah map and the USGS Dos Rios maps. This 
portion of the proposed area has warmer temperatures due to sunlight 
reflected from the Middle Fork of the Eel River onto the surrounding 
steep slopes and canyon walls, according to the petition. The eastern 
boundary line is about 4 miles east of the village of Dos Rios. Beyond 
the proposed eastern boundary the higher, colder elevations of the 
Mendocino National Forest dominate the landscape.
    The proposed area's southern boundary line is about 3 miles south 
of the village of Dos Rios. The petition describes this portion of the 
proposed area as having significant winds and light reflection from the 
rivers, which modifies its climate.
    The western boundary of the proposed Dos Rios viticultural area 
coincides with the steep ``Windy Point'' geographical feature shown on 
the USGS Laytonville map. The proposed area's western boundary is about 
a mile west of the village of Dos Rios. The narrow canyon walls found 
here constricts the marine air flowing inland and creates a windy 
environment, the petition explains.
Geography
    The significant physical features of the proposed Dos Rios 
viticultural area include the Eel River and the Middle Fork of the Eel 
River and their surrounding canyons, which join within the proposed 
area. The petition describes the canyon surrounding the confluence of 
the two rivers as a ``land trough,'' a half-mile deep and three miles 
wide. This land trough is shown on the provided USGS area maps and in 
multiple dimensions on the Hubbard Scientific Ukiah region topographic 
map.
    As land troughs, the Eel and Middle Fork river canyons are the only 
significant gaps in the Coast Range in this region of Mendocino County, 
according to the petition, which cites the Hubbard Scientific Ukiah 
region topographic map. The petition states that these gaps allow the 
Pacific Ocean's marine air to blow inland, or east, through the canyons 
and into the proposed Dos Rios viticultural area.
    As the petition notes, the names of several prominent geographic 
features reflect the strength of the wind blowing through the canyons. 
The USGS maps for the proposed area show two geographic features named 
``Windy Point'' within the proposed viticultural area boundaries and 
another named ``Windy Ridge'' close to the proposed area's eastern 
boundary. On the USGS Laytonville map, Windy Point is near the 1,800-
foot elevation in the southwest corner of section 36, T22, R14W. On the 
USGS Dos Rios map, Windy Point is near the 1,400-foot elevation line 
between State Highway 162 and the Middle Fork of the Eel River, T21N, 
R13W. ``Windy Ridge,'' with elevations between 2,600 feet and 3,200 
feet, is immediately outside of the proposed area's eastern boundary on 
the USGS Covelo West map, section 18, T22N, R13W.
    The canyon walls and hillsides surrounding the Eel River and the 
Middle Fork of the Eel River incline from 30 to 75 percent, according 
to the United States Department of Agriculture (USDA) Soil Survey of 
Mendocino County, Eastern Part and Trinity Southwest Part, California, 
January 1991, pages 23-126. In addition to the climate-moderating 
marine winds, sunlight reflects off the rivers onto the steep sides of 
the canyons, helping to warm the climate of the canyons below the 
2,000-foot contour line, according to the petition.
Climate
    The marine winds blowing through the canyons within the proposed 
Dos

[[Page 16457]]

Rios viticultural area, direct and reflected solar radiation, and 
temperature are the factors that distinguish the proposed area from the 
surrounding regions of Mendocino County, the petition states. The 
``Sunset Western Garden Book'' (7th edition, 2001), which divides much 
of the western United States into growing zones, includes the proposed 
Dos Rios viticultural area in California's Zone 14, Northern 
California's Inland Areas with Some Ocean Influence, a transitional 
climate area. The Sunset book depicts this zone as a narrow geographic 
region surrounded by three cooler zones. The close proximity of the 
four climate zones to the proposed Dos Rios viticultural area also 
helps create a unique transitional microclimate within the proposed 
area, according to the petition.
    Wind: As noted above, the Eel River and Middle Fork of the Eel 
River canyons create a gap in the Coast Range, which lies between the 
moderating Pacific Ocean climate to the west and the more continental 
climate found at the higher elevations and in the interior valleys to 
the east. According to the petition, which cites the Sunset Western 
Garden Book and the Hubbard Scientific Ukiah region topographic map, 
these canyons act as wind funnels that bring moderating Pacific marine 
air into the Dos Rios region, affecting the proposed area's climate. 
The Sunset book explains the gaps in the Coast Range create funnels for 
the marine air to blow further inland than it would without these low-
elevation entrances. Geographic slopes also affect airflow, according 
to Sunset's description of how the local terrain can affect wind flow 
and solar heat. Warm air rises and cold air sinks, which, the petition 
notes, creates vertical wind movements on the 800-foot to 2,000-foot 
sloping elevations found within the proposed viticultural area.
    As noted above, the presence of strong winds in the proposed Dos 
Rios viticultural area is reflected in the ``windy'' names given to 
several geographic features within or near its boundary. Local 
residents also confirm the existence of these winds within the proposed 
area. During the summer months the proposed area has brisk afternoon 
breezes that intensify at sunset, according to correspondence from 
Steve DeTevis, a local resident and vineyard owner living close to 
Windy Point along the Middle Fork of the Eel River. Mr. DeTevis 
explains that the winds blow north to south, from the higher hillside 
to the lower elevations along the river. He added that at sunset the 
breezes intensify, and after dark the winds subside and temperatures 
cool. Also, he notes that during the winter the winds create a 
downdraft from the hilltops to the canyon floor and help to lessen the 
effects of freezing temperatures and frost in the vineyards.
    Greta and Chris Harper, residents of Dos Rios, explain in their 
June 23, 2004 correspondence that, ``In Dos Rios we are also greatly 
influenced by the * * * winds that regularly move through the canyons 
cut by the Eel River and its numerous tributaries.'' They note the 
winds are strongest in the spring and summer, especially in the 
afternoon and early evening hours. The Harpers explain that the winds 
help disperse the morning coastal fog that reaches over the surrounding 
mountain ranges, giving the Dos Rios region sunny mornings that 
contrast with the foggier mornings found in the surrounding Covelo and 
Willits regions.
    Greg Kanne, a resident of Dos Rios since 1985, states in his June 
3, 2004 correspondence that, ``Yes, it does get quite windy here (Dos 
Rios).'' Mr. Kanne explains that a river canyon is a wind tunnel and 
the Dos Rios area has two tunnels that collide and push strong breezes 
up the canyon walls. He also confirms the presence of the afternoon 
breezes. Mel Black, a Dos Rios residence since 1987, explains in a July 
8, 2004 letter that his 1,350-foot elevation ranch extends from 
Poonkinny Creek westward over a ridge and down the hillside, crossing 
the Eel River, into Dos Rios. Mr. Black states that the brisk afternoon 
and evening breezes are a daily occurrence combining with the sun 
exposures and soils to create an ideal grape-growing region.

Solar Radiation

    Reflective sunlight off the water in the two rivers provides 
additional warming to the hillside vineyards, according to the 
petition, which cites the 2002 ``Great Grape Varieties'' publication 
(page 57). Greta and Chris Harper note in their June 2004 letter that, 
``In Dos Rios we are also greatly influenced by the river itself as it 
reflects light * * *.'' The intensity of the reflected sunlight 
dissipates above 2,000 feet in elevation, according to the petition, 
which coincides with the proposed area's boundary line.

Temperature

    Temperatures annually average 52 to 58 degrees, with warm, dry 
summers and cool, wet winters, according to the petition, citing the 
1991 USDA Soil Survey of Mendocino Trinity Counties. The Sunset Western 
Garden Book, as cited in the petition, describes the marine breezes 
blowing through the proposed area's canyons as a moderating influence 
making the Dos Rios region cooler in the summer and warmer in the 
winter than regions to the east with a more continental climate. The 
frost-free growing season varies from 125 days to 250 days annually.
    According to the Sunset book, three cooler Sunset climate zones 
surround the proposed area and its transitional Zone 14 climate. These 
three climates include Zone 1, Coldest Winters in the West, Zone 2, 
Second Coldest Western Climate, and Zone 7, California's Digger Pine 
Belt. Zones 1 and 2 are the snowiest and coldest parts of the West. 
Zone 7, found at lower mountain elevations, has hot summers and mild, 
but pronounced, winters. The higher elevations, according to the Sunset 
climate zone map, have generally colder climates and a shorter growing 
season than the lower elevations.

Rainfall

    The proposed Dos Rios viticultural area averages 30 to 60 inches of 
rainfall each year, according to the 1991 USDA Soil Survey of Mendocino 
and Trinity Counties. Most of this rainfall occurs between October and 
April each year. The proposed area gets occasional light snow, as the 
petitioner documents with photographs. The surrounding higher 
elevations receive more snow, according to the Sunset Western Garden 
Book.
Soils
    Soils of the proposed Dos Rios viticultural area are well-drained 
to excessively well-drained loams, sandy loams, and gravelly loams that 
are deep to very deep, according to the 1991 USDA Soil Survey for 
Mendocino and Trinity Counties, pages 23-126. These soils are 
categorized as poor, with coarse texture and limited water retention. 
They are weathered from sandstone, siltstone, schist, and greywacke, 
which are rich in mineral nutrients. In comparison, the petition notes 
that soils within the proposed Dos Rios viticultural area differ from 
other nearby grape-growing regions such as the Potter Valley 
viticultural area (27 CFR 9.82), which the 1991 USDA Soil Survey 
described as having Cole series soils that are poorly drained, nearly 
level clay loams.

Boundary Description

    See the narrative boundary description of the petitioned-for 
viticultural area in the proposed regulatory text published at the end 
of this notice.

[[Page 16458]]

Maps

    The petitioner(s) provided the required maps, and we list them 
below in the proposed regulatory text.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. If we establish this proposed viticultural area, its 
name, ``Dos Rios,'' will be recognized as a name of viticultural 
significance. Consequently, wine bottlers using ``Dos Rios'' in a brand 
name, including a trademark, or in another label reference as to the 
origin of the wine, will have to ensure that the product is eligible to 
use the viticultural area's name as an appellation of origin. The 
proposed part 9 regulatory text set forth in this document specifies 
the ``Dos Rios'' name as a term of viticultural significance for 
purposes of part 4 of the TTB regulations.
    For a wine to be eligible to use as an appellation of origin the 
name of a viticultural area specified in part 9 of the TTB regulations, 
at least 85 percent of the grapes used to make the wine must have been 
grown within the area represented by that name, and the wine must meet 
the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not 
eligible to use the viticultural area name as an appellation of origin 
and that name appears in the brand name, then the label is not in 
compliance and the bottler must change the brand name and obtain 
approval of a new label. Similarly, if the viticultural area name 
appears in another reference on the label in a misleading manner, the 
bottler would have to obtain approval of a new label. Accordingly, if a 
new label or a previously approved label uses the name ``Dos Rios'' for 
a wine that does not meet the 85 percent standard, the new label will 
not be approved, and the previously approved label will be subject to 
revocation, upon the effective date of the approval of the Dos Rios 
viticultural area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name that was used as a brand name on a label 
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We are also 
interested in receiving comments on the sufficiency and accuracy of the 
name, boundary, climatic, and other required information submitted in 
support of the petition. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Dos Rios viticultural area on brand labels that include the 
words ``Dos Rios'' as discussed above under Impact on Current Wine 
Labels, we are particularly interested in comments regarding whether 
there will be a conflict between the proposed area name and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
negative economic impact that approval of the proposed viticultural 
area will have on an existing viticultural enterprise. We are also 
interested in receiving suggestions for ways to avoid any conflicts, 
for example by adopting a modified or different name for the 
viticultural area.

Submitting Comments

    Please submit your comments by the closing date shown above in this 
notice. Your comments must include this notice number and your name and 
mailing address. Your comments must be legible and written in language 
acceptable for public disclosure. We do not acknowledge receipt of 
comments, and we consider all comments as originals. You may submit 
comments in one of five ways:
     Mail: You may send written comments to TTB at the address 
listed in the ADDRESSES section.
     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 no more than five pages long. This limitation assures 
electronic access to our equipment. We will not accept faxed comments 
that exceed five pages.
     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.
     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 the ``Send comments via e-mail'' link under 

this notice number.
     Federal e-Rulemaking Portal: To submit comments to us via 
the Federal e-rulemaking portal, visit http://www.regulations.gov and 

follow the instructions for submitting comments.
    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 to hold a public 
hearing.

Confidentiality

    All submitted material is part of the public record and subject to 
disclosure. Do not enclose any material in your comments that you 
consider confidential or inappropriate for public disclosure.

Public Disclosure

    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive by appointment at the TTB Library at 
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at 
20 cents per 8.5 x 11-inch page. Contact our librarian at the above 
address or telephone 202-927-2400 to schedule an appointment or to 
request copies of comments.
    For your convenience, we will post this notice and any comments we 
receive on this proposal 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 Library. To access 
the online copy of this notice, visit http://www.ttb.gov/alcohol/rules/index.htm.
 Select the ``View Comments'' link under this notice number 

to view the posted comments.

Regulatory Flexibility Act

    We certify that this proposed regulation, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The 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

    N. A. Sutton of the Regulations and Procedures Division drafted 
this notice.

[[Page 16459]]

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, we propose to amend 
title 27, chapter 1, part 9, Code of Federal Regulations, 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. Amend subpart C by adding Sec.  9.---- to read as follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.----  Dos Rios.

    (a) Name. The name of the viticultural area described in this 
section is ``Dos Rios''. For purposes of part 4 of this chapter, ``Dos 
Rios'' is a term of viticultural significance.
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Dos Rios viticultural area are four United States 
Geological Survey (USGS) 1:24,000 scale topographic maps. They are 
titled:
    (1) Dos Rios, California--Mendocino County, 1967 edition, revised 
1994;
    (2) Laytonville, California--Mendocino County, 1967 edition, 
revised 1994;
    (3) Iron Peak, California--Mendocino County, 1967 edition, revised 
1994; and
    (4) Covelo West, California--Mendocino County, 1967 edition, 
photoinspected 1973.
    (c) Boundary. The Dos Rios viticultural area is located in northern 
Mendocino County, California, at the confluence of the Eel River and 
the Middle Fork of the Eel River. The area's boundaries are defined as 
follows--
    (1) Beginning in the northwestern quarter of the Dos Rios map in 
section 32, T22N, R13W, at the intersection of the 2,000-foot contour 
line and Poonkinny Road, proceed southerly and then easterly along the 
meandering 2,000-foot contour line to its intersection with the eastern 
boundary of section 2, T21N, R13W (immediately south of State Route 
162) (Dos Rios Quadrangle); then
    (2) Proceed straight south along the section line, crossing the 
Middle Fork of the Eel River, to the southeast corner of section 11, 
T21N, R13W (Dos Rios Quadrangle); then
    (3) Proceed 0.9 mile straight west along the southern boundary of 
section 11 to its intersection with the 2,000-foot elevation line, 
T21N, R13W (Dos Rios Quadrangle); then
    (4) Proceed northerly then westerly along the meandering 2,000-foot 
contour line, crossing Big Water Canyon, Doghouse Creek, and Eastman 
Creek, to the contour line's intersection with the southern boundary of 
section 17, T21N, R13W (Dos Rios Quadrangle); then
    (5) Proceed 2.1 miles straight west along the section line, 
crossing the Eel River, to the section line's intersection with the 
2,000-foot contour line along the southern boundary of section 18, 
T21N, R13W (Dos Rios Quadrangle); then
    (6) Proceed northerly along the meandering 2,000-foot contour line, 
crossing from and to the Dos Rios map (passing around the Sims 2208 
benchmark near the southeast corner of section 36, T22N, R14W), and, 
returning to the Laytonville map, continuing westerly to the contour 
line's intersection with the southwest corner of section 36, T22N, 
R14W, at Windy Point (Laytonville Quadrangle); then
    (7) Proceed 1.2 miles straight north along the section line to its 
intersection with the 2,000-foot elevation line, section 25, T22N, R14W 
(Laytonville Quadrangle); then
    (8) Proceed northerly along the meandering 2,000-foot elevation, 
crossing over to and back from the Iron Peak map and returning to the 
Iron Peak map, to the contour line's intersection with the western 
boundary of section 14 (immediately south of an unnamed unimproved 
road), T22N, R14W (Iron Peak Quadrangle); then
    (9) Proceed straight north along the section line to the southeast 
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
    (10) Proceed straight west along the section line to the southwest 
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
    (11) Proceed straight north along the section line to the northwest 
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
    (12) Proceed straight east along the section line, crossing the Eel 
River, to the northeast corner of section 2, which coincides with the 
Round Valley Indian Reservation's southern boundary, T22N, R14W (Iron 
Peak Quadrangle); then
    (13) Proceed straight south along the section line to the southeast 
corner of section 2, T22N, R14W (Iron Peak Quadrangle); then
    (14) Proceed 0.3 mile straight east to the section line's 
intersection with the 2,000-foot elevation line along the northern 
boundary of section 12, T22N, R14W, west of Eberle Ridge, (Iron Peak 
Quadrangle); then
    (15) Proceed generally southeast along the meandering 2,000-foot 
elevation, crossing onto the Covelo West map and continuing southerly 
along the 2,000-foot contour line from Stoner Creek in section 18, 
T22N, R13W, return to the Dos Rios map, continue southeasterly along 
the 2,000-foot contour line (crossing Goforth and Poonkinny Creeks), 
and return to the beginning point at the contour line's intersection 
with Poonkinny Road.

    Signed: March 7, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-6351 Filed 3-30-05; 8:45 am]

BILLING CODE 4810-31-P