a reply to:
rickymouse
Here's the law as posted in the source article:
[3411-15-P]
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 294
RIN 0596-AD37
Special Areas; Roadless Area Conservation; National Forest System Lands in
Alaska
AGENCY: Forest Service, Agriculture Department (USDA).
ACTION: Final rule and record of decision.
SUMMARY: The U.S. Department of Agriculture (USDA or Department), is adopting a
final rule to exempt the Tongass National Forest from the 2001 Roadless Area
Conservation Rule (2001 Roadless Rule), which prohibits timber harvest and road
construction/reconstruction with limited exceptions within designated inventoried
roadless areas. In addition, the rule directs an administrative change to the timber
suitability of lands deemed unsuitable, solely due to the application of the 2001 Roadless
Rule, in the 2016 Tongass National Forest Land and Resource Management Plan
(Tongass Forest Plan or Forest Plan), Appendix A. The rule does not authorize any
ground-disturbing activities, nor does it increase the overall amount of timber harvested
from the Tongass National Forest.
DATES: This rule is effective [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER].
This document is scheduled to be published in the
Federal Register on 10/29/2020 and available online at
federalregister.gov/d/2020-23984, and on govinfo.gov
FOR FURTHER INFORMATION CONTACT: Ken Tu, Interdisciplinary Team
Leader, at 303-275-5156 or
[email protected]. Individuals using
telecommunication devices for the deaf (TDD) may call the Federal Information Relay
Services at 1-800-877-8339 between 8 a.m. and 8 p.m. Eastern Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: The USDA Forest Service manages
approximately 21.9 million acres of federal lands in Alaska, which are distributed across
two national forests (Tongass and Chugach National Forests). These national forests are
characterized by a diverse array of landscapes, ecosystems, natural resources, and land
use activities.
In January 2001, the USDA promulgated a discretionary rulemaking establishing
prohibitions on timber harvesting and road construction on approximately 58 million
acres of the National Forest System (NFS), including over 14 million acres within
Alaska. The 2001 Roadless Rule has been the subject of litigation for almost two
decades. Initially, the 2001 Roadless Rule was challenged in multiple lawsuits, including
a suit brought by the State of Alaska. Another suit filed by the State of Alaska in 2015 is
still ongoing. Citing various concerns, including damage to the economic and social
fabric of southeast Alaska and compliance with the Alaska National Interest Lands
Conservation Act (ANILCA) and Tongass Timber Reform Act (TTRA), the State of
Alaska petitioned the USDA to exempt the Tongass National Forest from the 2001
Roadless Rule.
Having carefully considered the petition, public comments on the proposed rule,
and a wide range of alternative approaches to the 2001 Roadless Rule, the USDA is
granting the State of Alaska’s request to exempt the Tongass National Forest from the
2001 Roadless Rule. The Tongass Forest Plan along with other conservation measures,
will assure protection allowing roadless area values to prevail on the Tongass National
Forest while offering additional flexibility to achieve other multiple-use benefits.
Background
On January 12, 2001, the USDA promulgated the Roadless Area Conservation
Rule (hereafter 2001 Roadless Rule) (66 FR 3244), establishing nationwide prohibitions
on timber harvest, road construction, and road reconstruction within inventoried roadless
areas (IRAs) with certain limited exceptions. The intent of the 2001 Roadless Rule is to
provide lasting protection for IRAs within the NFS in the context of multiple-use land
management. Based on the State of Alaska’s Roadless Rule Petition (described below)
and a review of public comment, the USDA analyzed rulemaking alternatives addressing
whether and how the national prohibitions on timber harvesting, road construction, and
road reconstruction should apply on the Tongass National Forest.
In 2001, the State of Alaska filed a lawsuit challenging the USDA’s promulgation
of the 2001 Roadless Rule and its application in Alaska. State of Alaska v. USDA, A01-
039 CV (JKS) (D. Alaska). The USDA and the State of Alaska reached a settlement in
2003, and the USDA subsequently issued a rule temporarily exempting the Tongass
National Forest from the 2001 Roadless Rule. In 2011, a Federal district court set aside
the Tongass Exemption Rule and reinstated, with clarifying instructions, the 2001
Roadless Rule on the Tongass National Forest. The district court’s ruling was initially
reversed by a three-judge panel of the Ninth Circuit but was ultimately upheld in a 6-5 en
banc ruling in 2015. Consequently, the 2001 Roadless Rule (as provided for in the district
court’s Judgment) remains in effect in Alaska and the Forest Service continues to apply
the 2001 Roadless Rule to both the Tongass and Chugach National Forests.
Currently there are over 21.9 million acres of NFS lands within the State of
Alaska, of which approximately 14.7 million acres (67%) are designated IRAs as defined
by the 2001 Roadless Rule, including both the Tongass and Chugach National Forests.
The Tongass National Forest is approximately 16.7 million acres of which approximately
9.3 million (55%) acres are designated IRAs. The Alaska Roadless Rule focuses on the
Tongass National Forest only and does not apply to the Chugach National Forest.
State of Alaska Petition
In January 2018, then-Commissioner of the Department of Natural Resources for
the State of Alaska, Andrew Mack submitted a petition on behalf of the State of Alaska to
Secretary of Agriculture Sonny Perdue pursuant to the Administrative Procedure Act
(APA). The petition requested USDA consider creation of a state-specific rule to exempt
the Tongass National Forest from the 2001 Roadless Rule and conduct a forest plan
revision for the Tongass National Forest. In June 2018, the Secretary of Agriculture
accepted the petition and agreed to review the State’s concerns on roadless area
management and economic development opportunities in southeast Alaska through a
rulemaking process. The Secretary directed the Forest Service to begin working with
representatives from the State of Alaska concerning a state-specific roadless rule.
However, the Secretary did not commit to the State’s request for a forest plan revision.
On August 2, 2018, the State of Alaska and the USDA Forest Service signed
a memorandum of understanding concerning the development of a state-specific rule. The
Forest Service initiated its environmental analysis process with the publication in the
Federal Register of a Notice of Intent (NOI) to prepare an environmental impact
statement (EIS) on August 30, 2018 (83 FR 44252).
On September 6, 2018, Governor Walker issued Administrative Order 299 to
establish the Alaska Roadless Rule Citizen Advisory Committee (the committee) to
provide an opportunity for Alaskans to advise the State of Alaska on the future
management of Tongass National Forest roadless areas. The committee was comprised
of 13 members, appointed by Governor Walker, intended to represent a diversity of
perspectives, including Alaska Native tribes and corporations, fishing, timber,
conservation, tourism, utilities, mining, transportation, local government, and the Alaska
Division of Forestry. The committe