US Forest Service seeks to reverse 'roadless rule' policy

Maureen Lorenzetti
Washington Editor
WASHINGTON, DC, July 16 -- Producers and their congressional supporters looking to expand drilling on certain federal lands praised a recent action by the US Department of Agriculture's US Forest Service (USFS). The new USFS proposal would essentially overturn the controversial "roadless rule" enacted by former President Bill Clinton in the waning days of his administration.

Environmental groups called the new USFS decision misguided, and warned it would mean ecologically vulnerable national forests are unnecessarily compromised by commercial activity.

States litigate
In June 2003, the 10th US Circuit Court struck down the Clinton-era rule enacted in January 2001 that set a federal standard restricting logging and road building in about one third of US national forests. States that sued USFS included Alaska, Idaho, Utah, North Dakota, and Wyoming.

Industry groups also objected to the roadless rule, saying the provision choked off promising areas of domestic energy development.

A US Department of Energy-funded study in 2000 said an estimated (mean) 11.3 tcf of natural gas and 550 million bbl of oil could underlie inventoried roadless areas. The vast majority of those resources are in the Rocky Mountains, where an estimated 9.4 tcf of gas could theoretically be accessed (OGJ Online, Apr. 4, 2001).

An updated 2002 study of the Powder River basin found those numbers could be even higher (OGJ Online, Dec. 17, 2002).

Under US President George W. Bush's proposed rule, governors looking to shield certain public lands from road construction would petition USFS to prevent development.

"State governments are important partners in the stewardship of the nation's land and natural resources," said Sec. of Agriculture Ann Veneman July 12. "Strong state and federal cooperation in the management of roadless areas will foster strong local involvement and support for a final policy."

US officials said the new proposal gives governors the opportunity to work with USFS on collaborative state-specific rulemakings for conservation and management of roadless areas.

Petitions would identify areas for inclusion, and ways to protect public health and safety, reduce wildfire risks to communities and critical wildlife habitat, maintain critical infrastructure, such as dams and utilities, and assure citizens access to private property.

Once the state finished its petition process, USFS would publish a subsequent rulemaking for inventoried roadless areas within a petitioning state. Each state-specific rulemaking would include the required National Environmental Policy Act analysis and input from the public during the notice and comment period. Petitions would have to be submitted within 18 months of the effective date of a final rule, USFS said.

Separately, Veneman also proposed establishing a national advisory committee to provide expert consultation for implementing the state-specific petition rulemaking process. Members of the committee would include experts in fish and wildlife biology, fish and wildlife management, forest management, outdoor recreation, and other relevant disciplines.

Congressional reaction
Senate Energy and Natural Resources Chairman Pete Domenici (R-NM) congratulated USFS.

"More than 90% of the roadless areas in this country are in the West. This administration has taken yet another important step to give western citizens a greater voice in the management of western resources. This president understands the West. He understands the vital role western governors can play in effective federal land management.

"For too long, beltway bureaucrats were the ones who decided how federal resources in the West were managed. They made critical decisions on water, forest, rangeland, and wilderness without any real input from governors or western citizens," he said.

Sen. Jeff Bingaman (D-NM), top Democrat on the Energy and Natural Resources Committee, called the proposal an "about-face" that turns the currently balanced, commonsense roadless policy on its head.

"Although the Bush administration promised not to undermine the roadless rule, they broke their promise. The rollback they proposed today will threaten the future good health of America's forests.

"While no rule can perfectly satisfy everyone, the roadless rule, in its current form has struck a chord with Americans who want to ensure that the few remaining protected areas in our national forests will be there for the enjoyment of their children and grandchildren."

Contact Maureen Lorenzetti at [email protected].