by Tracy Chamberlin

This could be the end of a long road for the U.S. Forest Service.

On Jan. 26, Secretary of Agriculture Tom Vilsack released a final Environmental Impact Statement on the U.S. forest system’s Land Management Planning Rule, a process that has been nearly 15 years in the making.

The rule, which will govern how the nation’s 193-million acres of forests and grasslands are managed, is being heralded for delivering stronger protections for forests, water and wildlife.

“The most collaborative rulemaking effort in agency history has resulted in a strong framework to restore and manage our forests and watersheds and help deliver countless benefits to the American people,” said Vilsack last week. “Our preferred alternative will safeguard our natural resources and provide a roadmap for getting work done on the ground that will restore our forests while providing job opportunities for local communities.”

The Forest Service considered nearly 300,000 comments on the proposed rule and draft EIS, which was issued last February. The preferred alternative announced last week emphasizes collaboration and seeks to strengthen public involvement and dialogue throughout the planning process. It also would require the use of the best available scientific information to inform decisions.

“I’m really encouraged by this new rule,” said Maribeth Gustaffon, the acting regional forester for the Rocky Mountain Region. “It’s been a long time in the making.”

 The new federal rule includes requirements to both maintain and restore watersheds, water resources and water quality for the public lands under USFS jurisdiction that provide 20 percent of the nation’s drinking water.

Jimbo Buickerood, the public lands coordinator for the San Juan Citizen’s Alliance said he is pleased with the watershed protections. “When I go across Southwest Colorado, water quality is at the top of the list,” he added.

He said a more holistic and sustainable approach to water quality in the nation’s forests and grasslands is a good thing, but these plans also need to be followed through on the ground.

Vilsack has requested an advisory committee tasked with coming up with ideas on how to implement the new rule. The 21-member group will represent a range of interests and communities, including state elected officials, tribal members, conservationists, representatives of the extractive industries, and scientists.

The San Juan Citizen’s Alliance, in conjunction with other environmental groups, hopes to recommend a couple of individuals for this committee by the Feb. 21 deadline.

The publication of the EIS triggers the final steps of a bureaucratic process that is expected to take less than two months to complete. This isn’t the first time, however, 4 that the USFS has seen the finishing line. They’ve been several attempts in the past to update those rules, and they all died in court.

The latest attempt was in 2008 when the Bush administration released new planning rules, which were invalidated in 2009. The courts did not believe they went far enough to protect the environment. The Clinton administration also tried back in 2000, but those rules were considered too complex and, again, were struck down.

Now it is Obama’s turn.

Gustaffon admits this new rule is subject to the same litigation as previous rules, and it is possible it could be challenged in court. However, she thinks it is unlikely because of the efforts the administration has put into seeking public input.

The National Forest Service Act of 1976 requires the USFS to have a plan for managing the nation’s forests and grasslands. The rules governing these plans are supposed to be updated every 15 years to adapt to the changing culture and needs of the public.

However, that update is long overdue –the plans that exists today were developed under the Reagan administration in 1982.

Currently, 68 of the nation’s 155 plans are in need of revision – including the San Juan National Forest’s, which was last amended in 1992.

The “San Juan Public Lands Plan for the Future” began in earnest in 2004 under the Bush administration. But when that attempt was thrown out, San Juan officials were left back at the starting gate. So when it came time to write the draft plan in 2007, they turned to the 1982 rule for guidance.

The San Juan National Forest and Bureau of Land Management are working together on this plan, the first collaborative effort of its kind in the nation.

Not only has the group had to adapt to twists and turns at the federal level but also the local level, specifically the oil and gas boom over the past decade. They created a supplement to the 2007 Draft Environmental Impact Statement to address this issue, turning the final corner on their long road to creating a future plan.

A final plan is expected to be released this fall.

Since the San Juan group has seen rules come and go over the past 15 years, it has kept a watchful eye on trends at the federal level but continued to develop its plan using the 1982 rule.

“We really have been looking at what the trend is in these planning rules,” said Shannon Manfredi, the San Juan Public Lands Plan Revision Team leader.

The process is far enough along that Manfredi does not anticipate any conflicts with the new rule that could cause her team additional delays.
“I think we’re doing a lot of it already,” she added.

One of the things San Juan officials are doing that is in line with the new federal rule is focusing on protecting local watersheds and performing assessments. They will include these assessments as an appendix to the final plan.

 
Some additional summary points the USFS highlighted in the new rule are providing for multiple uses on public land, like recreation and logging; an intention to aid in the recovery of threatened and endangered species; utilizing modern science to implement and monitor the new rule; and collaboration and public involvement.

Although the Forest Service have emphasized public inclusion and collaboration, it admits on its website that the new rule does not include an appeals process. Rather, it requires objections to be voiced before a plan is approved, revised or an amendment is made.

Gustaffon said early public scoping and collaboration throughout the process should prevent litigation after the fact, rather than encourage it.
Of course, the new rule has supporters and critics.

Proponents are coming out in support of the protections the new rule provides for native ecosystems. Opponents are voicing concerns that the rule will not support multiple uses, preventing access to public lands.

But one thing everyone has in common is a cautious approach to making future plans. After all, they’ve been down this road before. n

For additional information on the federal rules, visit the U.S. Forest Service at http://www.fs.fed.us. For information on the San Juan National Forest plan, visit http://ocs.fortlewis.edu/forestplan/default.asp.