Land and law

July 13, 2001
US federal land regulators have several taskmasters-environmentalists, states, sportsmen, industry, and other stakeholders. It's a delicate balance.

US federal land regulators have several taskmasters-environmentalists, states, sportsmen, industry, and other stakeholders. It's a delicate balance. But public land issues have become even more contentious, given the renewed focus on US energy policy this year. And giving industry a stronger voice on lands access has become the cornerstone of the debate within Capitol Hill and at the White House.

Industry and its supporters within government say more drilling should be allowed on federal lands because it can boost US supply and increase national security by reducing foreign oil imports. And it can be done safely with little environmental cost. Opponents of expanded drilling say industry often seeks to drill in areas that are convenient but not necessary to boost supply. They argue some public lands, such as national monuments, should be completely shielded from commercial development because of historical value or environmental diversity.

Drill, drill, drill

Contrary to public opinion, however, the White House's energy strategy is not just to "drill, drill, drill," White House officials told the Washington Post. The president's energy policy also advocates more energy efficiency and conservation and boosting tax incentives for alternative energy. The public remains unconvinced, however. Recent polls suggest the public thinks the White House's energy blueprint is designed to help major oil companies make money, not modulate prices for consumers. The White House clearly knows it has a public relations problem on its hands. This week, Vice-Pres. Dick Cheney, members of the cabinet, and key Republican leaders from Capitol Hill plan to take their message to the general public.

And the administration has already retreated on some initiatives, such as Lease Sale 181, perhaps way too soon in an effort to salvage public opinion, industry says.

Yet lobbyists are also aware the White House has become more mindful that it has voters, not shareholders, to answer to. And voters right now are wary of industry. As a result, lobbyists do not even remotely anticipate special treatment from regulators, although environmental groups argue otherwise.

Roadless queries

One policy environmental groups and industry see as a bellweather for this administration's land use policies is how the US Department of Agriculture's US Forest Service will enforce the roadless rule.

The administration of President George W. Bush in May announced that states will be allowed to modify rules implemented by the administration of former President Bill Clinton that prevent oil drilling by restricting logging and road building in about one third of the national forests (OGJ Online, May 4, 2001).

Yet the exact manner in which states will be allowed to exercise their authority is still an open-ended question, industry and government officials concede. Pending lawsuits and the threat of future ones have clouded the picture.

USFS last week sought more public comment on how the rule should be enforced.

"This public comment period is an effort to be responsive to the concerns raised by local communities, states, tribes, and other stakeholders," said USDA Forest Chief Dale Bosworth. "It is important to give people additional time to express their views on how best to move this process forward. If we spend the extra time now, we have a better chance of coming up with a workable solution that has the support, commitment, and understanding of the American people."