Special Areas: State Petitions for Inventoried Roadless Area Management

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Special Areas State Petitions for Inventoried
Roadless Area Management

• Arizona Joint Forest Health Oversight and
  Advisory Council Meeting
• May 19, 2005
• Bob Davis, USDA Forest Service
• Director Planning, Watershed and Air

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Forest Service Historical Context

• 1924 Administrative Designation of Gila
  Wilderness, Gila National Forest.
• By 1964, 14.6 million acres in 87 areas
  administratively designated as wilderness.
• 1964 Congress passes Wilderness Act designating
  54 areas and 9.1 million acres.
• 1973 As directed by the Wilderness Act USFS
  conducts Roadless Area Review and Evaluation
  (RARE I) 56 million acres reviewed, 274 areas on
  12.3 million acres recommended for further
  analysis during planning.

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Forest ServiceHistorical Context

• 1977 to 1979 Determination to redo the RARE I
  evaluation. RARE II completed in January 1979
  with nation wide recommendations. Information
  organized by State. 2, 919 areas and 62 million
  acres reviewed with 15 million acres recommended
  for wilderness and 11 million for further study.
• 1979 State of California files lawsuit against
  RARE II EIS and District and Circuit Court
  overturns RARE II.

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Forest Service Historical Context

• 1980s Forest Plans address wilderness
  recommendations except where a State Wilderness
  Act provided release language.
• 1980 to 1993 37 State Wilderness bills are
  passed by Congress covering 34 States.
• Frequent litigation related to entries into
  roadless areas
• 1999 Initiated national review of means to
  protect roadless areas

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Forest ServiceHistorical Context

• 2001 Issued Roadless Area Conservation Rule
  providing restrictions on the management of 58.5
  million acres
• 2001 Nine lawsuits filed against the Rule. In
  May Idaho District Court issued a preliminary
  injunction
• 2001 Forest Service issued interim directives
  and an Advance Notice of Rulemaking related to
  roadless protection. 726,000 comments received

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Forest ServiceHistorical Context

• 2003 In July the District Court of Wyoming
  issued a permanent injunction. Case still being
  reviewed by the 10th Circuit Court
• 2004 In July USDA issued a draft rule to
  replace the 2001 rule that focuses on a State
  petition process. 1.8 million comments received
• 2005 Final rule issued May 13. Request for
  nominations to Federal Advisory Committee due
  June 27, 2005

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State Petition Process Rule Elements

• The Governor of any State that contains National
  Forest System lands may petition the Secretary of
  Agriculture to promulgate regulations
  establishing management requirements for
  inventoried roadless areas within that State.
  The Governor has 18-months from the rule
  issuance, November 13, 2006

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State Petition Process Rule Elements

• The petition will be reviewed by the new
  12-member National Advisory Committee. The
  Committee must review and provide advice and
  recommendations to the Secretary within 90 days
  of receipt of a completed petition.
• The Secretary or Designee must accept or decline
  the petition within 180 days.

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State Petition Process Rule Elements

• If accepted by the Secretary the Forest Service
  shall be directed to initiate State-specific
  rulemaking.
• Rulemaking will be developed in coordination with
  the State.
• The Advisory Committee will provide advice and
  recommendations to the Secretary.
• The Secretary or Designee shall make the final
  decision on a State-specific rule.

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State Petition Contents (294.14)

• Location and description of the lands including a
  map
• Management requirements recommended
• Circumstances and needs intended to be addressed.
  For example
• Conserving roadless area values
• Human health and safety
• Reducing hazardous fuels
• Restoring essential wildlife habitat
• Etc.

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State Petition Contents (294.14)

• How do the recommendations differ from existing
  Forest Plans and policies?
• How do recommendations compare to State and local
  plans?
• How would recommendations affect fish and
  wildlife or their habitat?
• A description of public involvement efforts.
• Agreement to participate as a cooperating agency
  in any environmental analysis for a
  State-specific rulemaking.

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Other Factors

• Update or revision of the inventoried roadless
  area maps can be accomplished through the land
  management planning process.
• Interim Directive 1920-2004-1 will remain in
  place until January 16, 2006. Likely to be
  renewed.
• Web site http//www.roadless.fs.fed.us

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Region 3 Statistics