[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Rules and Regulations]
[Pages 42878-42882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14119]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2022-0003; T.D. TTB-188; Ref: Notice No. 209]
RIN 1513-AC79


Establishment of the Long Valley-Lake County Viticultural Area 
and Modification of the High Valley and North Coast Viticultural Areas

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

ACTION: Final rule; Treasury decision.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 7,605-acre ``Long Valley-Lake County'' viticultural 
area in Lake County, California. Additionally, TTB is expanding the 
boundary of the established 14,000-acre High Valley viticultural area 
by approximately 1,542 acres in order to create a contiguous border 
with the Long Valley-Lake County viticultural area. Finally, TTB is 
modifying the boundary of the North Coast viticultural area to 
eliminate a partial overlap with the Long Valley-Lake County 
viticultural area. TTB designates viticultural areas to allow vintners 
to better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase.

DATES: This final rule is effective August 4, 2023.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). In addition, the Secretary of the Treasury 
has delegated certain administration and enforcement authorities to TTB 
through Treasury Order 120-01.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to 
establish definitive viticultural areas and regulate 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) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

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 having distinguishing features as described in part 9 of 
the regulations and, once approved, a name and a delineated boundary 
codified 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 the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA 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 (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and allows any interested 
party to petition TTB to establish a grape-growing region as an AVA. 
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards 
for petitions to establish or modify AVAs. Petitions to establish an 
AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA affecting viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA;

[[Page 42879]]

     If the proposed AVA is to be established within, or 
overlapping, an existing AVA, an explanation that both identifies the 
attributes of the proposed AVA that are consistent with the existing 
AVA and explains how the proposed AVA is sufficiently distinct from the 
existing AVA and therefore appropriate for separate recognition;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed AVA, with the boundary of 
the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Petition To Establish the Long Valley-Lake County AVA and To Modify the 
Boundaries of the High Valley and North Coast AVAs

    TTB received a petition from Terry Dereniuk, owner of Terry 
Dereniuk Consulting, and Don Van Pelt and Clay Shannon, of Cache Creek 
Vineyards and the Shannon Family of Wines, respectively, on behalf of 
Long Valley wine grape growers, proposing the establishment of the 
``Long Valley-Lake County'' AVA and the modification of the boundaries 
of the established High Valley (27 CFR 9.189) and North Coast (27 CFR 
9.30) AVAs. The proposed Long Valley-Lake County AVA and the existing 
AVAs are located in Lake County, California. The proposed AVA covers 
approximately 7,605 acres and currently contains 5 commercially-
producing vineyards covering a total of approximately 149 acres, as 
well as 3 bonded wineries. According to the petition, the 
distinguishing features of the proposed Long Valley-Lake County AVA 
include its topography and elevation, geology, and climate.
    According to the petition, the topography of the proposed AVA 
consists of a long, narrow valley floor and the surrounding foothills. 
The median elevation on the valley floor is approximately 1,322 feet 
above sea level, and the foothills included in the proposed AVA rise an 
additional 200 to 500 feet above the valley floor. During the growing 
season, winds blowing through the valley within the proposed AVA cool 
the vines from the heat of the day. Cool air drainage provides 
protection from damaging late spring frosts in vineyards in the 
foothills, while vineyards along the valley floor require overhead 
sprinklers for protection. To the west and southwest, the established 
High Valley AVA has higher elevations than the proposed AVA, with its 
valley floor rising to 1,800 feet and the surrounding ridges rising as 
high as 3,000 feet. To the east and south of the proposed AVA are steep 
hillsides with elevations that rise to 2,000 feet.
    The proposed Long Valley-Lake County AVA sits on a geologic 
formation known as the Cache Formation, while different geologic 
formations characterize the surrounding areas. The formation is largely 
made up of lake deposits and consists of tuffaceous and diatomaceous 
sands and silts, limestone, gravel, and intercalated volcanic rocks. 
The Cache Formation is the foundation for the soils of the proposed AVA 
and the nutrients found therein.
    The petition provides information about the annual rainfall amounts 
and growing degree day (GDD) accumulations \1\ of the proposed Long 
Valley-Lake County AVA. Annual rainfall amounts generally range between 
27 and 33 inches, increasing as one moves west within the proposed 
AVA.\2\ According to the petition, annual rainfall plays a critical 
role in ensuring recharge of the underlying groundwater and providing 
water for irrigation and for frost protection in the lower, flatter 
portions of the proposed AVA. To the southeast of the proposed AVA, 
annual rainfall amounts range from 25 to 29 inches, while the region to 
the south receives approximately 27 inches of rain annually. To the 
west, annual rainfall amounts are similar to those within the proposed 
AVA, ranging from 27 to 35 inches. Northwest of the proposed AVA, 
average annual rainfall amounts are between 43 and 45 inches.
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    \1\ See Albert J. Winkler et al., General Viticulture (Berkeley: 
University of California Press), pp. 61-64 (1974). In the Winkler 
climate classification system, annual heat accumulation during the 
growing season, measured in annual GDDs, defines climatic regions. 
One GDD accumulates for each degree Fahrenheit that a day's mean 
temperature is above 50 degrees F, the minimum temperature required 
for grapevine growth.
    \2\ California Groundwater Bulletin 118, Sacramento Valley 
Groundwater Basin, Long Valley Groundwater Basin 5-31, February 27, 
2004.
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    The petition also included information on annual GDD accumulations 
from three locations within the proposed AVA, but only one, Noggle 
Vineyards and Winery, included data for more than two years. Based on 
data from Noggle Vineyards and Winery from 2003-2016, the proposed Long 
Valley-Lake County AVA is classified as Region III on the Winkler scale 
with an average annual GDD accumulation of 3,378.\3\ The petition 
states that Region III is favorable for high production of standard to 
good quality table wines.\4\ The proposed AVA is known for producing 
red wine grapes such as Cabernet Sauvignon, Cabernet Franc, Petite 
Sirah, and Syrah.
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    \3\ The Winkler scale GDD regions are as follows: Region Ia, 
1,500-2,000; Region Ib, 2,000-2,500; Region II, 2,500-3,000; Region 
III, 3,000-3,500; Region IV, 3,500-4,000: Region V, 4,000-4,900.
    \4\ Gregory V. Jones, Ph.D., Climate Characteristics for 
Winegrape Production in Lake County California, report for Lake 
County Winegrape Commission, p. 6 (Dec. 1, 2014), https://www.lakecountywinegrape.org/wp-content/uploads/2015/07/report-climate-characteristics-for-winegrape-production-lake-county-ca-july-2015.pdf.
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    By contrast, the established High Valley AVA, which is located 
immediately south and to the west of the proposed AVA, has a median 
annual GDD accumulation of 3,548. Farther south, the median annual GDD 
accumulation of the established Red Hills Lake County AVA (27 CFR 
9.169) is 3,595. These average annual GDD accumulations suggest a 
warmer climate to the south and west of the proposed AVA and place the 
High Valley AVA in the higher end of Region III and the Red Hills Lake 
County AVA in the lower end of Region IV. Farther to the west, 
southwest, and southeast, established AVAs have annual median GDD 
accumulations suggesting warmer climates than the proposed AVA.\5\ The 
petition did not provide annual GDD accumulation averages for regions 
due north or due east of the proposed AVA.
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    \5\ Id., pp. 56-57.
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Modification of the North Coast AVA Boundary

    The North Coast AVA was established by T.D. ATF-145 on September 
21, 1983 (48 FR 42973). The western third of the proposed Long Valley-
Lake County AVA and approximately three-quarters of the established 
High Valley AVA lie within the existing North Coast AVA. To eliminate 
the partial overlap, the petitioner also proposed modifying the 
boundary of the North Coast AVA to encompass both AVAs. The proposed 
modification would increase the size of the North Coast AVA by 
approximately 23,690 acres.
    The proposed Long Valley-Lake County AVA is partially located 
within the North Coast AVA and shares some of the characteristics of 
the larger established AVA. For example, similar to other locations in 
the North Coast AVA, Long Valley is a northwest-southeast oriented 
valley surrounded by tillable foothills or hillsides suitable for 
planting wine grapes and steeper mountains. The established North Coast 
AVA is generally characterized as having climatic Regions I through III 
on the Winkler scale. The proposed AVA is also classified as Region III 
on the Winkler scale. The petition provided more recent rainfall 
averages from seven

[[Page 42880]]

Lake County weather stations from 2012-2017 currently within the North 
Coast AVA ranging from 23.68 to 44.5 inches. The average annual 
rainfall amounts for the two Long Valley-Lake County AVA locations, 
Noggle Vineyards and Winery and Spring Valley, were 27.8 and 27.1 
inches, respectively, comparable to other Lake County locations within 
the North Coast AVA.

Modification of the High Valley AVA Boundary

    The petition also proposes to expand the boundary of the 
established High Valley AVA. The High Valley AVA was established by 
T.D. TTB-30 on July 1, 2005 (70 FR 37998). The proposed Long Valley-
Lake County AVA lies to the north and east of the established AVA and 
shares a small part of its boundary. There is a small gap between the 
northern boundary of the established AVA and the southwestern boundary 
of the proposed AVA. To eliminate the gap, the petition proposes to 
expand the northern boundary of the High Valley AVA to make it 
contiguous with the southwestern boundary of the proposed Long Valley-
Lake County AVA. The proposed boundary modification would increase the 
size of the High Valley AVA by approximately 1,542 acres.
    The petition claims that the proposed expansion area has soils and 
topography similar to those of the established High Valley AVA. T.D. 
TTB-30 describes the High Valley AVA as having elevations from a low of 
1,700 feet to over 3,000 feet in some areas. Elevations in the proposed 
expansion area range from a low of 1,720 feet along the adjacent 
boundary of the proposed AVA to over 2,000 feet where the proposed 
expansion area joins the High Valley AVA boundary. T.D. TTB-30 
describes the soils of the High Valley AVA to include Maymen, Hopland, 
and Mayacama series soils, as well as Konocti, Hambright, Benridge, and 
Sodabay series soils. The expansion petition notes that many of the 
same soils are also found within the proposed expansion area. The 
petition to establish the High Valley AVA states that the mineral 
serpentine is not found within the AVA. Similarly, serpentine is not 
found in the proposed expansion area, while it can be found in the 
eastern part of the proposed AVA.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 209 in the Federal Register on March 9, 
2022 (87 FR 13238), proposing to establish the Long Valley-Lake County 
AVA and expand the boundaries of the High Valley and North Coast AVAs. 
In the notice, TTB summarized the evidence from the petition regarding 
the name, boundary, and distinguishing features for the proposed 
viticultural area. The notice also compared the distinguishing features 
of the proposed viticultural area to the surrounding areas. For a 
description of the evidence relating to the name, boundary, and 
distinguishing features of the proposed viticultural area, and for a 
comparison of the distinguishing features of the proposed viticultural 
area to the surrounding areas, see Notice No. 209.
    In Notice No. 209, TTB solicited comments on the accuracy of the 
name, boundary, topography, and other required information submitted in 
support of the petition. In addition, given that one-third of the 
proposed AVA's location lies within the existing North Coast AVA, TTB 
solicited comments on whether the evidence submitted in the petition 
regarding the distinguishing features of the proposed AVA sufficiently 
differentiates the proposed viticultural area from the North Coast AVA. 
TTB also asked for comments on whether the geographical features of the 
proposed viticultural area are so distinguishable from the surrounding 
North Coast AVA that the third of the proposed Long Valley-Lake County 
AVA should not be part of the existing viticultural area. Finally, TTB 
asked for comments on the proposed modifications of the established 
North Coast and High Valley AVAs and whether the evidence presented in 
the proposed Long Valley-Lake County AVA petition sufficiently 
supported the modifications. The comment period on Notice No. 209 
closed on May 9, 2022.
    In response to Notice No. 209, TTB received one comment submitted 
by the Lake County Winegrape Commission supporting the establishment of 
the Long Valley-Lake County AVA due to its topography and elevation, 
geology, and climate. The comment did not reference the expansion of 
the High Valley AVA and North Coast AVA boundaries. TTB received no 
comments opposing the Long Valley-Lake County AVA or the proposed 
boundary modifications of the existing North Coast and High Valley 
AVAs.

TTB Determination

    After careful review of the petition and of the comment received in 
response to Notice No. 209, TTB finds that the evidence provided by the 
petitioner supports the establishment of the approximately 7,605-acre 
Long Valley-Lake County AVA and the modification of the boundaries of 
the High Valley and North Coast AVAs. Accordingly, under the authority 
of the FAA Act, section 1111(d) of the Homeland Security Act of 2002, 
and parts 4 and 9 of the TTB regulations, TTB establishes the ``Long 
Valley-Lake County'' AVA in Lake County, California.
    Furthermore, TTB modifies the boundary of the High Valley AVA to 
create a contiguous border with the Long Valley-Lake County AVA. TTB 
also modifies the boundary of the North Coast AVA to entirely encompass 
the Long Valley-Lake County AVA and the High Valley AVA. TTB has 
determined that the topography and elevation, climate, and geology of 
the expansion areas described in Notice No. 209 are consistent with the 
features of the North Coast AVA. These changes are effective August 4, 
2023.

Boundary Description

    See the narrative boundary description of the Long Valley-Lake 
County AVA and the modified boundaries of the North Coast and High 
Valley AVAs in the regulatory text published at the end of this final 
rule.

Maps

    The petitioner provided the required maps, and they are listed 
below in the regulatory text. The Long Valley-Lake County AVA boundary 
and the modified North Coast AVA and High Valley AVA boundaries may 
also be viewed on the AVA Map Explorer on the TTB website, at https://www.ttb.gov/wine/ava-map-explorer.

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. For a wine to be labeled with an AVA name or with a 
brand name that includes an AVA name, at least 85 percent of the wine 
must be derived from grapes 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 for labeling with an AVA name 
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 AVA name appears in another 
reference on the label in a misleading manner, the bottler would have 
to obtain approval of a new label. Different rules apply if a wine has 
a brand name containing an AVA 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.

[[Page 42881]]

    With the establishment of the Long Valley-Lake County AVA, its 
name, ``Long Valley-Lake County,'' will be recognized as a name of 
viticultural significance under Sec.  4.39(i)(3) of the TTB regulations 
(27 CFR 4.39(i)(3)). The text of the regulations clarifies this point. 
Consequently, wine bottlers using the name ``Long Valley-Lake County'' 
in a brand name, including a trademark, or in another label reference 
to the origin of the wine, will have to ensure that the product is 
eligible to use the AVA name as an appellation of origin.
    The establishment of the Long Valley-Lake County AVA will allow 
vintners to use ``Long Valley-Lake County'' as an appellation of origin 
for wines made primarily from grapes grown within the Long Valley-Lake 
County AVA if the wines meet the eligibility requirements for the 
appellation. The expansion of the North Coast AVA will also allow 
vintners to use ``North Coast'' as an appellation of origin for wines 
made primarily from grapes grown anywhere in the Long Valley-Lake 
County AVA or the High Valley AVA if the wines meet the eligibility 
requirements for the appellation. The expansion of the High Valley AVA 
will allow vintners to use ``High Valley'' as an appellation of origin 
for wines made primarily from grapes grown in the expansion area.
    Bottlers who wish to label their wines with ``Long Valley-Lake 
County'' as an appellation of origin must obtain a new Certificate of 
Label Approval (COLA) for the label, even if the currently approved 
label already contains another AVA appellation of origin. Please do not 
submit COLA requests to TTB before the effective date shown in the 
DATES section of this document, or your request will be rejected.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of an AVA 
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

    It has been determined that this final rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993, as amended. Therefore, no regulatory assessment is required.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

    For the reasons discussed in the preamble, TTB amends title 27, 
chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Amend Sec.  9.30 by revising paragraphs (c)(18) through (20) to read 
as follows:


Sec.  9.30  North Coast.

* * * * *
    (c) * * *
    (18) Then north-northwest in a straight line for approximately 7.6 
miles to the 1,851-foot summit of Red Rocks;
    (19) Then northwest in a straight line for approximately 4.3 miles 
to the 1,696- foot summit of Chalk Mountain;
    (20) Then northwest in a straight line for approximately 6 miles to 
the 4,005- foot summit of Evans Peak;
* * * * *

0
3. Amend Sec.  9.189 by:
0
a. Revising paragraphs (c)(3) through (5);
0
b. Removing paragraph (c)(6); and
0
c. Redesignating paragraphs (c)(7) through (11) as paragraphs (c)(6) 
through (c)(10).
    The revisions read as follows:


Sec.  9.189  High Valley.

* * * * *
    (c) * * *
    (3) Proceed north along the western boundary of section 12 (also 
the eastern boundary of the Mendocino National Forest), T14N/R8W, to 
its intersection with the 1,720-foot elevation contour; then
    (4) Proceed easterly along the meandering 1,720-foot elevation 
contour for approximately 11.3 miles, crossing onto the Benmore Canyon 
map, to the intersection of the elevation contour with the northern 
fork of an unnamed creek in Salt Canyon known locally as Salt Creek in 
section 23, T14N/R7W; then
    (5) Proceed easterly (downstream) along Salt Creek approximately 
760 feet to its intersection with the 1,600-foot elevation contour in 
section 23; then
* * * * *

0
4. Add Sec.  9.289 to read as follows:


Sec.  9.289  Long Valley-Lake County.

    (a) Name. The name of the viticultural area described in this 
section is ``Long Valley-Lake County''. For purposes of part 4 of this 
chapter, ``Long Valley-Lake County'' is a term of viticultural 
significance.
    (b) Approved maps. The three United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Long Valley-Lake County viticultural area are titled:
    (1) Clearlake Oaks, California, 1996;
    (2) Benmore Canyon, California, 1996; and
    (3) Lower Lake, California, 1993.
    (c) Boundary. The Long Valley-Lake County viticultural area is 
located in Lake County, California. The boundary of the Long Valley-
Lake County viticultural area is as described as follows:
    (1) The beginning point is on the Benmore Canyon map at the 
intersection of State Highway 20 and the 1,600-foot elevation contour, 
just north of Sweet Hollow Creek, in section 35, T14N/R7W.
    (2) From the beginning point, proceed northerly along the 
meandering 1,600-foot elevation contour for approximately 4.1 miles to 
its intersection with the northern fork of an unnamed creek in Salt 
Canyon known locally as Salt Creek in section 23, T14N/R7W; then
    (3) Proceed westerly (upstream) along Salt Creek approximately 760 
feet to its intersection with the 1,720-foot elevation contour in 
section 23, T14N/R7W; then
    (4) Proceed northeasterly, then westerly along the meandering 
1,720- foot elevation contour for approximately 11.3 miles, crossing 
onto the Clearlake Oaks map, to the intersection of the elevation 
contour with the Mendocino National Forest boundary along the western 
boundary of section 12, T15N/R8W; then
    (5) Proceed north along the Mendocino National Forest boundary 
approximately 896 feet to its intersection with the unnamed creek in 
Sulphur Canyon; then
    (6) Proceed northeast (downstream) along the unnamed creek 
approximately 770 feet to its intersection with the 1,400-foot 
elevation contour in section 12, T14N/R8W; then
    (7) Proceed northeasterly, then northwesterly along the meandering 
1,400-foot elevation contour to its intersection with the Mendocino 
National Forest boundary along the western boundary of section 36, 
T15N/R8W; then
    (8) Proceed north along the western boundary of section 36 to its

[[Page 42882]]

intersection with the northern boundary of section 36; then
    (9) Proceed east along the northern boundary of section 36 to its 
intersection with the 1,400-foot elevation contour; then
    (10) Proceed southeasterly along the 1,400-foot elevation contour, 
crossing onto the Benmore Canyon map and continuing easterly along the 
1,400-foot elevation contour to its intersection with the southern 
boundary of section 11, T14N/R7W; then
    (11) Proceed north in a straight line to the northern boundary of 
section 11; then
    (12) Proceed east along the northern boundary of section 11, 
crossing Wolf Creek, to the intersection of the section boundary with 
the 1,320-foot elevation contour; then
    (13) Proceed south in a straight line to the 1,400-foot elevation 
contour in section 11; then
    (14) Proceed southeasterly along the 1,400-foot elevation contour 
to the western boundary of section 12, T14N/R7W; then
    (15) Proceed southeast in a straight line, crossing the North Fork 
of Cache Creek, to the 1,400-foot elevation contour in section 12 west 
of the summit of Chalk Mountain; then
    (16) Proceed southeasterly, then southerly along the meandering 
1,400- foot elevation contour to its third intersection with the 
eastern boundary of section 13; then
    (17) Proceed west in a straight line to an unnamed, unimproved 4-
wheel drive road in section 13; then
    (18) Proceed south in a straight line, crossing over a second 
unnamed, unimproved 4-wheel drive road in section 13, to the 1,240-foot 
elevation contour in section 24, T14N/R7W; then
    (19) Proceed east in a straight line to the 1,400-foot elevation 
contour in section 24; then
    (20) Proceed southeasterly, then northeasterly along the meandering 
1,400-foot elevation contour to its intersection with an unnamed creek 
in section 19, T14N/R6W; then
    (21) Proceed southwesterly (downstream) along the unnamed creek to 
its intersection with the 1,200-foot contour in section 19; then
    (22) Proceed south in a straight line to the northern boundary of 
section 30, T14N/R6W; then
    (23) Proceed southeast, then east along the northern boundary of 
section 30 to its intersection with the 1,400-foot elevation contour; 
then
    (24) Proceed south in a straight line to the unnamed creek in 
Benmore Canyon in section 30; then
    (25) Proceed southeast in a straight line to the 1,400-foot 
elevation contour in section 30; then
    (26) Proceed southeasterly along the 1,400-foot elevation contour 
to its intersection with the eastern boundary of section 31, T14N/R6W; 
then
    (27) Proceed generally south along the eastern boundary of section 
31 and continuing along the eastern boundary of section 6, T13N/R6W, 
crossing onto the Lower Lake map, to the intersection of the boundary 
line and State Highway 20 north of Phipps Creek; then
    (28) Proceed west in a straight line to the 1,200-foot elevation 
contour; then
    (29) Proceed northerly along the 1,200-foot elevation contour, 
crossing onto the Benmore Canyon map, and continuing along the 1,200-
foot elevation contour to its intersection with an unnamed trail in 
section 31, T14N/R6W; then
    (30) Proceed north in a straight line to State Highway 20; then
    (31) Proceed west along State Highway 20, returning to the 
beginning point.

    Signed: June 23, 2023.
Mary G. Ryan,
Administrator.

    Approved: June 26, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-14119 Filed 7-3-23; 8:45 am]
BILLING CODE 4810-31-P