[Federal Register: July 15, 2003 (Volume 68, Number 135)]
[Proposed Rules]
[Page 41863-41865]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy03-28]
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Part II
Department of Agriculture
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Forest Service
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36 CFR Parts 219 and 294
National Forest System Land and Resource Management Planning; Special
Areas; Roadless Area Conservation; Proposed Rules
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 219 and 294
RIN 0596-AC05
National Forest System Land and Resource Management Planning;
Special Areas; Roadless Area Conservation
AGENCY: Forest Service, USDA.
ACTION: Advance notice of proposed rulemaking; request for comment.
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SUMMARY: On July 10, 2001, the Forest Service published an advance
notice of proposed rulemaking (ANPR) seeking public comment concerning
how best to proceed with long-term protection and management of
inventoried roadless areas. The 2001 ANPR expressed the Department's
belief that inventoried roadless areas contain important environmental
values that warrant protection, and identified a set of principles that
would guide the Department in addressing this subject. This second ANPR
solicits further public input concerning the applicability of the
roadless area conservation rule to both the Tongass and the Chugach
National Forests in Alaska. In conjunction with this second ANPR, a
proposed rule has been published elsewhere in the same part of today's
Federal Register that would amend the roadless area conservation rule's
application to the Tongass National Forest. The agency is publishing
the proposed rule and this ANPR in order to fulfill part of the
Department's obligations under the June 10, 2003 settlement agreement
for State of Alaska v. USDA, while also maintaining the ecological
values of inventoried roadless areas in the Tongass and Chugach
National Forests.
In State of Alaska v. USDA, the State of Alaska and other
plaintiffs alleged that the roadless rule violated a number of federal
statutes, including the Alaska National Interest Lands Conservation Act
of 1980 (ANILCA). Passed overwhelmingly by Congress in 1980, ANILCA
sets aside millions of acres in Alaska for the National Park Service,
Forest Service, National Monuments, National Wildlife Refuges, and
Wilderness Areas with the understanding that sufficient protection and
balance would be ensured between protected areas and multiple-use
managed areas, and that there would be no more administrative land
withdrawals. The Alaska lawsuit alleged that USDA violated ANILCA by
applying the requirements of the roadless rule to Alaska's national
forests. USDA settled the lawsuit by agreeing to publish the proposed
rule (located elsewhere in the same part of today's Federal Register)
to temporarily exempt the Tongass from the application of the roadless
rule, and to publish this separate ANPR requesting comment on whether
to exempt permanently the Tongass and the Chugach National Forests in
Alaska from the application of the roadless rule.
Under the settlement, the vast majority of Alaska National Forests
will remain off limits to development. Timber harvest will be
prohibited on more than 95 percent of Alaska National Forests as
required under existing forest plans. Exempting the Tongass National
Forest from the application of the roadless rule would make
approximately 300,000 roadless acres available for--forest management--
slightly more than 3 percent of the 9.3 million roadless acres in the
Tongass, or 0.5 percent of the total roadless acres nationwide.
Exempting the Chugach National Forest, from the application of the
roadless rule would permit roaded access on approximately 150,000
acres--less than 3 percent of the forest's 5.4 million roadless acres,
or 0.3 percent of the total roadless acres nationwide. The proposals
under the settlement would preserve all old-growth reserves, riparian
buffers, beach fringe buffers, roadless areas, and other protections
contained in the forest plans. The roadless rule would also continue to
apply to the 43.7 million roadless acres in national forests outside of
Alaska.
Public comment is invited and will be considered in the development
of the proposed rule.
DATES: Comments must be postmarked by August 14, 2003.
ADDRESSES: Send written comments to: Roadless ANPR, USFS Content
Analysis Team, P.O. Box 22777, Salt Lake City, Utah, 84122; by
electronic mail to roadlessanpr@fs.fed.us; or by facsimile to 801-880-
3311. If you intend to submit comments in batched e-mails from the same
server, please be aware that electronic security safeguards on Forest
Service and Department of Agriculture computer systems intended to
prevent commercial spamming may limit batched e-mail access. The Forest
Service is interested in receiving all comments on this advance notice
of proposed rulemaking, however, so please call (801) 517-1020 to
facilitate transfer of comments in batched e-mail messages. Please note
that all comments will be available for public inspection and copying.
The agency cannot confirm receipt of comments. Individuals wishing to
inspect the comments should call Jody Sutton at (801) 517-1023 to
facilitate an appointment.
FOR FURTHER INFORMATION CONTACT: In Washington, DC contact: Dave
Barone, Planning Specialist, Ecosystem Management Coordination Staff,
Forest Service, USDA, (202) 205-1019; and in Juneau, Alaska contact:
Jan Lerum, Regional Planner, Forest Service, USDA, (907) 586-8796.
SUPPLEMENTARY INFORMATION:
Background
Implementation and Review of Roadless Area Conservation Rule
On May 4, 2001, the Secretary of Agriculture expressed the
Administration's commitment to providing protection for roadless areas
in the National Forest System. However, acknowledging concerns raised
by local communities, tribes, and States impacted by the January 12,
2001, Roadless Area Conservation Rule (66 FR 3244), the Secretary also
indicated that USDA would move forward with a responsible and balanced
approach to re-examining the rule that fairly addressed those concerns.
On May 10, 2001, two days before the Roadless Area Conservation
Rule was to become effective, the U.S. District Court for the District
of Idaho issued a preliminary injunction order enjoining the Department
from implementing the rule. This decision was appealed, and the Ninth
Circuit Court of Appeals reversed and remanded this preliminary
injunction order. In total, nine lawsuits challenging the roadless rule
have been filed in six judicial districts and four federal circuits.
On June 7, 2001, in order to bring some stability to roadless area
management given the legal uncertainties with implementing the rule,
Chief Dale Bosworth instituted interim agency direction to protect
roadless values in inventoried roadless areas. In view of the the Ninth
Circuit's April 14, 2003, order reversing the preliminary injunction
and remanding the matter, the agency's interim direction was allowed to
expire on June 14, 2003.
First Advance Notice of Proposed Rulemaking
On July 10, 2001, the Forest Service published an advance notice of
proposed rulemaking (ANPR) seeking public comment concerning how best
to proceed with long-term protection and management of inventoried
roadless areas. The first ANPR indicated that
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how the Department ultimately addresses protecting roadless values
would depend on a number of factors. Those included court decisions,
public comments, and practical options for amending the current rule or
using other administrative tools to implement inventoried roadless area
protections.
During the public comment period for the first ANPR that closed on
September 11, 2001, the Forest Service received over 726,000 responses.
The responses represented two main points of view on natural resource
management and perspectives on resource decisionmaking: (1) Emphasis on
environmental protection and preservation, and support for making
national decisions; and (2) emphasis on responsible active management,
and support for local decisions made through the forest planning
process. A 1,200 page summary of this public comment was prepared in
May of 2002, and is available on the Forest Service internet site for
Roadless Area Conservation at http://www.roadless.fs.fed.us.
Relationship of Rulemaking Proposals to Alaska Litigation
In January of 2001, the State of Alaska and six other parties filed
a lawsuit against USDA contending that the roadless rule violated
various statutes. On June 10, 2003, a settlement agreement was signed
by the U.S. Department of Justice, the State of Alaska, and intervenor-
plaintiffs to resolve and dismiss this litigation. This settlement
agreement calls for the Federal Government to publish in the Federal
Register, within 60 days: (1) A proposed temporary regulation that
would exempt the Tongass National Forest from the application of the
roadless rule until completion of the rulemaking process for any
permanent amendments to the roadless rule; and (2) an advance notice of
proposed rulemaking to exempt both the Tongass and the Chugach National
Forests from the application of the roadless rule. This advance notice
of proposed rulemaking, and a proposed rule published elsewhere in
today's Federal Register to exempt the Tongass National Forest from the
applicability of the roadless rule, fullfill these terms of the
settlement agreement.
A Unique Situation Exists in the State of Alaska
In 1980, Congress passed the Alaska National Interest Lands
Conservation Act (ANILCA). In ANILCA, Congress found that the Act
provided the proper balance between the protection of environmental
values while providing opportunity for the satisfaction of the economic
and social needs of the people in Alaska. The Act set aside millions of
acres in Alaska for the National Park Service, Forest Service, National
Monuments, National Wildlife Refuges and Wilderness Areas.
If the Tongass and the Chugach National Forests are exempted from
the roadless rule, the Forests would continue to be managed pursuant to
the existing Forest Plans. Both the 1997 Revised Forest Plan (as
readopted by the February 2003 Record of Decision) for the Tongass and
the 2002 Revised Forest Plan for the Chugach were developed through
fair and open planning processes, based on years of extensive public
involvement and thorough scientific review, and provide full
consideration of social, economic, and ecological values. The net
effect of amending the roadless rule to exclude National Forest System
lands in the State of Alaska would be to allow timber harvest in
approximately 300,000 additional acres (approximately 3 percent) on the
Tongass out of 9.34 million inventoried roadless acres, and possible
access and development on 150,000 additional acres out of 5.4 million
roadless acres on the Chugach. Timber harvest would be prohibited on
approximately 95 percent of National Forest System lands in the State
of Alaska under the existing forest plans, if both the Tongass and the
Chugach National Forests were excluded from application of the
prohibitions of the roadless rule.
Public Comment Solicitation
All interested parties are encouraged to express their views in
response to this request for public comment on the following question:
Should any exemption from the applicability of the roadless rule to
the Tongass National Forest be made permanent and also apply to the
Chugach National Forest?
Regulatory Findings
This second advance notice of proposed rulemaking is being issued
to report on public input received and to obtain public comment
regarding the protection and management of inventoried roadless areas
in the State of Alaska. Because the Department is not proposing any
specific action at this time, there are no regulatory findings
associated with this notice. Comments received will help the Department
determine the extent and scope of any future rulemaking.
Conclusion
The Department of Agriculture is considering a permanent exemption
for the Tongass and Chugach National Forests from the applicability of
the roadless rule. Public input and comment received through this
second advance notice of proposed rulemaking will help inform the
Department's consideration of future rulemaking proposals.
Dated: June 30, 2003.
Dale N. Bosworth,
Chief.
[FR Doc. 03-17419 Filed 7-14-03; 8:45 am]
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