ESSAY - Nov.
24, 2003
Our publicly owned forests are being subverted
by Tom Udall
As the nation remains preoccupied with the war against terrorism,
President Bush has been carrying out a less visible assault on another
front: our national forests. Most of the attacks over the last year
have been below the radar — in arcane rules, stealth riders
and misnamed legislation. In this many-fronted assault, big timber
is the winner.
Under the guise of buzzwords such as forest health, catastrophic-wildfire
prevention and streamlining, the administration’s initiatives
transform forest policy in ways that are staggering in their scope
as well as in their implications for democracy.
The changes revamp laws fundamental to sound forest management,
including the National Forest Management Act, the Appeals Reform
Act and the National Environmental Policy Act. Their cumulative
effect is to undermine or eliminate open decision-making, agency
accountability, resource protection and recourse in the courts.
Add to the mix a congressional rider that allows the agency to pay
for restoration work with the logging of large trees, as well as
the Healthy Forests Restoration Act that Congress stands poised
to pass, and a revolution has occurred.
It began in December 2002, when the administration proposed a forest-planning
regulation that renders public involvement virtually meaningless.
The rule ignores scientific involvement, eliminates fish and wildlife
protection, and fails to protect roadless areas. It skews the planning
process to favor logging, mining and off-road vehicle use. It renders
plan standards more discretionary, further reducing agency accountability.
Most shocking, the final rule, due out imminently, exempts forest
plans from environmental analysis and eliminates the opportunity
for the public to appeal the final plan.
The Forest Service assured critics that it would undertake in-depth
environmental studies when specific logging projects were proposed.
Not so.
In June 2003, the administration abolished environmental review
of logging done in the name of "hazardous fuels reduction"
on up to 1,000 acres of land, as well as post-fire rehabilitation
projects on up to 4,200 acres. One month later, the administration
carved out more loopholes for National Environmental Policy Act
exemptions for commercial logging, by setting acreage limits of
70 acres for timber sales and 250 acres for salvage sales.
These projects have few, if any, meaningful constraints. For example,
the projects must be "consistent" with local forest plans.
Yet, under the soon-to-be final planning regulations, forest plans
can be amended simply by changing the plan on an interim basis with
no public notice.
Under the banner of hazardous fuels reductions, large-scale, intensive
commercial logging projects may take place virtually anywhere in
our forests, regardless of forest type or tree size. In effect,
these changes allow logging and associated road building with no
environmental analysis, no appeals and limited public involvement.
Equally sweeping are changes to the Appeals Reform Act. In 1992,
Congress gave citizens a statutory right of appeal after the Forest
Service tried to eliminate appeals on timber sales. Although billed
as part of the "Healthy Forests Initiative," changes to
these regulations significantly curtail rights to appeal a broad
range of timber sales and land management decisions — not
just those pertaining to fire risk. These changes remove the requirement
that projects stop during an appeal — making appeals meaningless.
The changes also give the agency broad discretion to consider only
public comments it considers "substantive." Finally, merely
by having the Agriculture secretary sign decision documents, the
changes also allow the agency to evade the appeals process entirely.
Congress is also pushing citizens out of the picture. If the Healthy
Forests Restoration Act compromise passed by the Senate becomes
law, it will reduce environmental review on logging projects not
already given a wholesale exemption, create a new appeals process
likely more narrow than even the amended one, and severely restrict
opportunities for public involvement or for courts to review the
legality of logging projects almost anywhere on our publicly owned
forests, including roadless areas and old growth. If bug and disease
control are the purported reasons for logging, projects up to 1,000
acres will bypass all environmental review and appeals.
With millions of dollars authorized in the act for any hazardous-fuels
project on public lands, logging without laws can proceed throughout
the backcountry.
The synergistic effects of these radical rollbacks are breathtaking.
I predict that the assault will only foment more controversy and
stimulate more distrust of the Forest Service for years to come.
Rep. Tom Udall, D-New Mexico, has been a member of the House
Committee on Resources since 1999, assigned to the Subcommittee
on Forests and Forest Health.