March 27, 2003

FOREST SERVICE PROPOSES CHANGES IN PLANNING REGULATIONS: RECREATION ISSUES MAY NOT BE PROPERLY CONSIDERED

YOUR COMMENTS NEEDED BY April 7, 2003

The U.S. Forest Service has proposed major changes in the regulations that govern development of forest plans. The net result of the proposal may discourage Forest Service officials from considering how best to manage backcountry recreation.

Background: In 1976, Congress passed, and President Ford signed, the National Forest Management Act (NFMA). Among other things, this Act required the Forest service to prepare a comprehensive land and resource management plan for each national forest administrative unit (i. e., one or more national forests managed by one forest supervisor. There are seven such units in Colorado.) It also required the agency to appoint a Committee of Scientists to devise regulations that would determine many of the details of forest planning.

The first set of Planning Regulations took effect in 1979 and was amended in 1982. These remain in effect today, as two attempts to significantly amend these regulations have never become final. Among other provisions, these regulations require that an environmental impact statement (EIS) be prepared for each forest management plan. A separate regulation allows people and organizations 90 days to appeal approval of a forest plan to a higher official within the Forest Service if they have previously expressed concern about various aspects of the plan. Appeals often result in better forest plans, as they allow resolution of issues that might otherwise be litigated in Federal court. Similarly, any amendments to plans must be done with full public involvement and are subject to appeal.

The BSA used these provisions in the recently revised management plan for the White River National Forest. We wrote a letter during the public comment period surrounding release of the draft plan and EIS in 2000. We also appealed the approval of the final plan in September, 2002 because we believe it did not provide for sufficient backcountry winter recreation. (We are currently attempting to negotiate a settlement to this appeal.)

The Proposed Changes of Concern to BSA: Under the proposed change in the planning Regulations, the Forest Service would not have to prepare an EIS or any other document with a new or revised forest plan. Rather the agency would be allowed to "categorically exclude" plans from documentation under the National Environmental Policy Act (NEPA). This means the agency might not carefully consider the needs of backcountry winter recreationists when developing or revising a land management plan. It also means that cumulative impacts over time to this activity from implementation of numerous projects authorized by a forest plan (such as expanded grooming for snowmobiles, for example) would not have to be disclosed. This likely violates NEPA.

The public would no longer be able to appeal approval of a forest plan. Rather, there would be a pre-decisional "objection" process, under which concerned people and organizations would have 30 days to describe problems with a forest plan before it was approved. Thirty days is simply insufficient time to review, digest, and cogently state objections to a forest plan, which, combined with supporting information, are long and complex documents.

"Interim" forest plan amendments could be approved with no right of public appeal or objection. These amendments could be in effect for four years and be renewed indefinitely, thus becoming essentially permanent. Under this provision, the Forest Service could, for example, expand areas where snowmobiling is allowed, and the public would not be able to appeal approval of such a decision to a higher officer within the agency.

It is extremely important that forest plans carefully examine the issues concerning backcountry winter recreation and provide a fair and equitable division of the backcountry for motorized and non-motorized users. Recent forest plan revisions have not done this very well, and under the proposed new regulations, it would be even less likely to occur.

WHAT YOU CAN DO. Write a letter by April 7, 2003!

If you submit e-mail or faxed comments, be sure to include your full name and full hard mail address. Comments are due by April 7, 2003. Make some or all of the following points in your letter:

USDA Forest Service Planning Rule,
Content Analysis Team
P. O. Box 8359
Missoula, MT 59807 		E-mail: planning_rule@fs.fed.us
Fax: 406 329-3556
  • Briefly describe your use of national forests and the problems you have observed. For example, note that it has become very difficult for skiers and snowshoers to find areas for non-motorized recreation which are free of motorized use.
  • State that management of the winter backcountry is an extremely important issue that must be carefully considered during development and revision of forest plans. Insist that preparation of an EIS be required in order to ensure disclosure of all impacts to winter backcountry recreation that could occur as a result of implementation of a forest plan.
  • Insist that the public retain the right to appeal the approval of a forest plan and any plan amendments. Ask that the time for preparation of an appeal remain at 90 days. Note that appeals allow resolution of issues outside of court and often result in better forest plans.

For additional information, please contact Rocky Smith at 303 839-5900 or rocky@Coloradowild.org or contact Kim Hedberg at BSA.