Roadless rule's repeal spurs a new round of battlesDan Berman, Greenwire reporter As environmentalists and Democratic lawmakers pledged to fight repeal of the Clinton-era Roadless Area Conservation Rule with lawsuits and legislation, many Western governors and industry groups celebrated yesterday's released of a new Bush Administration rule that they say would lead to a more balanced use of national forests with expanded community and state involvement. The administration ended months of speculation about the roadless rule by launching a process that could open millions of acres of national forests to logging and energy development through a program allowing governors to petition the Agriculture Department to protect inventoried roadless areas. The administration's move came in response to Western lawmakers and industry groups critical of the 2001 Clinton rule designating 58.5 million acres of national forest as roadless areas. Limiting roadbuilding in one-third of the national forests effectively restricted logging, oil and gas development and mining in many of those areas. Oil and gas development is probably a greater immediate threat to roadless areas than timber harvesting, said Chris Wood of the advocacy group Trout Unlimited, who helped draft the roadless rule while with the Clinton administration. "Back when the rule was promulgated energy prices weren't nearly as high as they are right now," Wood said. "I think you'll see increased oil and gas drilling because of the market. This rule makes it possible and with with less prescriptions." For instance, the Independent Petroleum Association of America estimates the 58.5 million acres at issue hold 11 trillion cubic feet of natural gas. Out of the 58.5 million acres, current forest management plans preclude roadbuilding and industry activity on about 24 million acres, potentially opening up at least 34 million acres. However, those management plans can be changed, critics noted. Colorado and Utah could be early battleground states for roadless areas and energy development. A look at the new rule Under the final rule, officially the "State Petitioning Rule," the advisory committee -- a 12-member panel of representatives from "diverse national organizations interested in the conservation and management of National Forest System inventoried roadless areas" -- will have 90 days to review each petition submitted by the states. The Agriculture secretary would then have 6 months to accept or decline the petition. If a petition is accepted, USDA and the state would cooperate in a state-specific rulemaking that would be subject to public review and National Environmental Policy Act analysis. As with the proposed rule from last summer, the Agriculture secretary would have the final say. If a state fails to petition USDA or if an application is rejected, roadless areas would be subject to the management plans of each forest. Some of those plans allow for long-range development of logging, mining and other commercial activities, but agency officials have noted the majority of roadless areas would be protected under current plans. Critics said the roadless designations were often drawn randomly with little input from communities or businesses. The Bush administration believes the state petition process can create a roadless plan supported by all stakeholders. "Around here how a decision is made is just as important or more important than the decision itself," Agriculture Undersecretary Mark Rey told reporters yesterday. "More involvement from all our stakeholders will result in a superior outcome because they are more vested in the outcome." Rey said the Forest Service will maintain a "national perspective" for ecological and species concerns, but "at the same time there is much more local site-specific needs to be accounted for and was lost ... in a national rulemaking." Idaho, for example, could ask for roadless limits on national forests that surround state holdings to be removed, so roads could be built allowing for timber harvesting of those areas, Rey said. Western governors play key role Gov. Dirk Kempthorne (R) of Idaho, one of several states that challenged the Clinton rule in court, praised the new rule, calling it "a great tool for establishing long-lasting, community-based solutions that ensure a balance between responsible use and conservation." Idaho has over 9 million inventoried roadless acres, the most of the lower 48 states. California Gov. Arnold Schwarzenegger (R) said he is "committed to protecting the vibrant health and sustainable future of our forests." He pledged, "Roadless areas in California will remain roadless." Since last fall, the Schwarzenegger administration has been negotiating with the Forest Service on a state-specific effort that would protect California's 4.4 million roadless acres. Having the states on the side of the administration is important, Rey said, citing the several lawsuits filed against the Clinton rule and the likely prospect for new litigation. "There are cynics who say this approach will do nothing" to resolve the roadless issue," Rey said. "I disagree. At least the states will be defendants with us instead of plaintiffs in the next round of litigation if there is one." But New Mexico Gov. Bill Richardson (D-N.M.) accused the administration of playing "a shell game with governors." Richardson said he would petition the Forest Service to maintain all of the state's 1.6 million roadless acres, but was not optimistic given his ongoing fight with the Bush administration over oil and gas development in the state's Otero Mesa area. "The administration seems to be intent on protecting oil and gas drilling," Richardson told reporters. "You're going to see tensions dramatically increase over land use issues in the West and that's unfortunate." Hill Democrats pledge to fight Rep. Jay Inslee (D-Wash.), ranking member of the House Forests Subcommittee, said he would reintroduce legislation this year that would codify the Clinton roadless rule. Although the roadless rule is an administrative rulemaking, congressional Democrats have attempted in previous years to make it permanent. "A salient underlying assumption here the White House made is that the national forests belong only to the people who live within those states," Inslee told reporters yesterday. "You and I own those national forests in Alaska just as much as Don Young does," he added, referring to the Alaska Republican congressman. But such an effort likely has little chance in the House, where Western GOP lawmakers have lamented restrictions on industry activities in national forests. House Resources Committee Chairman Richard Pombo (R-Calif.) said decisions improve when made closer to those affected. "I appreciate the administration's efforts to move the dialogue over the management of our public forests further from the political bickering in Washington ... and closer to the people that live, work and recreate on and near these lands," Pombo said. Another issue Democrats noted was the costs of maintaining the current road system in the national forests, estimated to be as much as $10 billion. "The Forest Service has demonstrated that it cannot stretch its funds to address all its road maintenance responsibilities. To recklessly add to its infrastructure burden is not sound business policy," said Rep. Nick Rahall (D-W.Va.), ranking member of the House Resources panel. House Democrats and some fiscal conservatives plan to once again introduce an amendment to the fiscal year 2006 Interior Department appropriations bill when it hits the House floor later this month or next month that would limit payments for road construction on Alaska's Tongass National Forest. A similar amendment passed last year, but did not make it in the omnibus spending bill at the end of the year. Environmentalists and taxpayer groups note that 2004 was the greatest year of taxpayer loss in nearly two decades. In FY '04, the Forest Service spent almost $49 million on logging programs and logging roads and in return received $800,000 in timber sales, meaning the agency lost more than $48 million. The figure tops losses in 2003 by $5 million and 2002 totals by almost $10 million (Land Letter, May 5). "We will continue this battle on the floor. We did win the battle on the Tongass last year," Inslee said. "It is most unfortunate the only place these matters can be debated on the House floor is as part of the appropriations process. That's the only avenue available to the minority." Yesterday's announcement does not affect the Tongass because the Bush administration effectively removed the roadless rule there in late 2003 when it settled a lawsuit with the state of Alaska (Land Letter, Jan 8, 2004). |
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