The Roadless Area Conservation Rule

Established by President Theodore Roosevelt in 1908, our national forests are one of America’s most treasured natural resources. More than a century later, the country has 155 national forests, encompassing over 192 million acres which provide critical habitat for fish and wildlife, sources of clean drinking water, and unique opportunities for outdoor recreation.

The rapid pace of development, particularly in the West, has put increased pressure on the national forest system.  With a majority already open to logging, mining, and drilling, the Clinton administration imposed a temporary moratorium in 1998 on new road-building on the roughly one-third of national forests that remained undeveloped and began a public rulemaking process to develop permanent protections.  After more than 600 public meetings, a record 1.6 million public comments—the vast majority in favor of strong protections— and endorsements by members of Congress, the Roadless Area Conservation Rule was issued in January 2001.

The landmark Roadless Area Conservation Rule protects 58.5 million acres of wild national forest land from most commercial logging and road-building.  It is a sound economic policy and a balanced policy that preserves these public lands as a legacy for our children. The policy does not close any existing roads or recreation trails, restrict access for private property owners, or interfere with existing leases or permits for ski areas, mineral development, or oil and gas operations.  It also allows for new roads to be built for fighting wild fires or other natural disasters that threaten public health and safety.

For more on the rule, see: http://ourforests.org/fact/narrative.html

Challenges

Despite the widespread popularity of the national roadless policy and its bipartisan support in the U.S. Congress, it has been the subject of a series of lawsuits and appeals to allow development in these pristine areas.  In May 2005, federal officials responded by replacing the original rule with a complicated process that required governors to petition the U.S. Department of Agriculture (USDA) if they wanted roadless national forests in their states preserved. This approach was criticized by governors from both parties, including many in the West, who called for the roadless rule to be reinstated. 
In September 2006, the new state-by-state petition process was struck down in federal court, and the 2001 roadless rule was reinstated.  The case is now on appeal in the Ninth Circuit Court of Appeals with a decision expected before the end of the year.  In August 2008, a Wyoming federal court issued a contradictory ruling, which is currently on appeal to the Tenth Circuit.Meanwhile, the Bush administration continued to encourage states to pursue their own rulemakings, this time under the Administrative Procedures Act (APA). However, only the governors of Idaho and Colorado chose to follow this course.

Congressional Support

Since the rule was issued, Congress has shown strong bipartisan leadership on this issue, and has introduced legislation that will put the 2001 roadless area protections into statute and ensure that roadless areas are permanently protected without being jeopardized by changing administrations or courtroom wrangling.

The Path Forward – Preserving Roosevelt’s Legacy

The change in leadership in Washington provides an opportunity for a new President and Congress to protect our national forests by officially embracing the landmark Roadless Area Conservation Rule as the law of the land.  As an initial step, Congress should call on the U.S. Forest Service to issue a directive that would protect national forest roadless areas covered by the rule until pending legal issues are resolved.  Congress also should build upon the progress made in the last session to codify the protections of the rule through bipartisan legislation that ensures these special places will be preserved for generations to come. What better way to carry out Theodore Roosevelt’s conservation legacy than to conserve America's national forests and ensure, as he did, that they remain part of our natural heritage for future generations to enjoy.

Outdoor Recreation and Our National Forests

Our roadless backcountry forests provide millions of Americans with unique opportunities to enjoy hiking, hunting, fishing, cross-country skiing, horseback riding, canoeing, rock climbing, and a host of other activities. Wild and undeveloped places, and the special outdoor recreation experiences found there, are essential for the health and longevity of both the millions of Americans who participate in these activities and the $18 billion outdoor recreation industry.

National forest roadless areas also provide large, contiguous blocks of exceptional habitat for wildlife and big-game species such as mule deer, elk and bighorn sheep as well as clean and stable stream flows for salmon, steelhead and trout.  Hunters and anglers, as well as those who like to camp, hike or kayak, relish their sparkling streams and rugged terrain.

 

They're OUR National Forests. Will the logging and mining interests get the last piece of the pie?

Only 30% of our national forests remain roadless

Click here to see a full-sized pie chart showing how much of our national forests are in limbo.