Message Board
Sorry for cross postings, Please =
forward.
Re-Writing the Rules to Protect the Guilty
Your =
comments=20
needed on the Forest Service's proposed regulation changes in =
implementing the=20
National Forest Management Act (NFMA)
Use the talking points to write a letter, or cut and paste the sample =
letter=20
at the bottom.
Deadline: February 10, 2000
Send comments to: =
Planning=20
Regulations, PO Box 7669, Missoula, MT, 59807
(406) 329-3021 =
(fax)
email:=20
href=3D"mailto:planreg/wo_caet@fs.fed.us">planreg/wo_caet@fs.fed.us
R>The=20
proposed regulations can be seen at:
href=3D"http://www.fs.fed.us/forum/nepa/rule">http://www.fs.fed.us/forum/=
nepa/rule
When=20
a complex piece of legislation such as NFMA is passed by Congress, the =
law often=20
instructs an agency such as the Forest Service (FS) to maintain current=20
regulations which translate the intent of the law into specific =
on-the-ground=20
actions. To insure that these "regs" adequately interpret the law, the =
agency is=20
required to follow a well-defined process of issuing a proposal with =
several=20
alternatives, taking public comment, and justifying the final decision. =
The Forest Service is in the process of =
removing=20
regulations and replacing them with broad guidelines, thereby increasing =
the=20
amount of discretion local supervisors have. The last time this=20
occured on a large scale was the Salvage Rider and it resulted in =
the=20
destruction of thousands of acres of healthy forest under the guise of =
Salvage.=20
We need more protection, not relaxed regulation!
The =
Forest=20
Service has recently proposed a substantial rewrite of their lengthy =
NFMA regs.=20
Here are some talking points suggested by Heartwood (a sample letter =
derived=20
from these points follows):
o Neither alternatives nor an environmental impact statement have =
been=20
proposed for these regulation changes; insist an E.I.S. be done on these =
regulations!
o The proposed regulations decrease protection for =
the=20
environment by changing many current requirements into nonbinding =
suggestions.=20
We feel there should be clear, easily enforceable limits on agency =
actions. Ask=20
for specific rules which guarantee streams free from siltation, soil=20
conservation, in-the-field surveys of wildlife to determine the impacts =
of=20
management, maintenance of key species populations, and specific =
guidelines on=20
even-aged logging.
o The proposed regulations rely heavily on the =
findings of "assessments". Insist that these include in-the-field data=20
collection and full public involvement with the legally required process =
of=20
public comments and environmental analysis with opportunity for appeal =
of the=20
final conclusion.
o Forest Service decision-makers, under the new =
regulations, would be given complete freedom to choose which public =
concerns to=20
consider. Ask that all reasonable concerns be fully analyzed.
o =
Ask that=20
the public be given more than the proposed 30 days to read & comment =
on an=20
entire ten-year National Forest Management Plan. Furthermore, the =
agency's=20
decision-making record should be open to the public and an opportunity =
should be=20
given for the public to appeal the final decision. The proposed =
regulations=20
simply define the Plan as never being "final", even while being carried =
out!
o Professional review of comments from all citizens on National =
Forest=20
Management Plans should not be diminished in favor of local meetings and =
input=20
from people with ties to the logging, mining and gas drilling industries =
as=20
proposed in the new regulations.
o The definition of "ecological=20
sustainability" should include natural disturbance patterns, and not be =
narrowly=20
referred to as the "maintenance or restoration" of ecosystems. While =
natural=20
systems evolve and change in cycles over time, logging is needed to =
maintain one=20
type of forest or "restore" the forest to a previous type. The proposed=20
definition therefore ensures logging.
o An environmental impact statement should be conducted when a =
ten-year=20
management plan is revised.
Here is a sample letter you can cut and paste, or use as a model:
US Forest Service
Planning Regulations
PO Box 7669
Missoula, MT 59807
February
Dear Sir or Madam:
I am writing to comment on the draft NFMA planning regulations. I =
would like=20
to thank you for the opportunity to express my views, and for extending =
the=20
comment period.
Here are a few thoughts that came to mind while reading through the=20
draft:
I believe that there needs to be an environmental impact =
statement=20
developed for the propose regulations. I also feel that the EIS should =
consider=20
many alternatives. There has only been one put forth to date. Both of =
these=20
recommendations are required by the National Environmental Policy Act=20
(NEPA).
The proposed regulations decrease protection for the environment =
by=20
changing many current requirements into non-binding suggestions. There =
should be=20
clear, easily enforceable limits on agency actions. I think there should =
be=20
specific rules which guarantee streams free from siltation, soil =
conservation,=20
in-the-field surveys of wildlife to determine the impacts of management, =
maintenance of key species populations, and specific guidelines on =
even-aged=20
logging. In fact, the guideline I would like to see enacted concerning =
even aged=20
logging is a ban on the practice.
The proposed regulations rely heavily on the findings of =
"assessments." These=20
assessments must include in-the-field data collection and full public=20
involvement with the legally required process of public comments and=20
environmental analysis with opportunity for appeal of the final =
conclusion. Do=20
not get rid of the administrative appeal process, as this will decrease =
citizen=20
ability to participate in the management process.
Forest Service=20
decision-makers, under the new regulations, would be given complete =
freedom to=20
choose which public concerns to consider. All concerns must be fully =
analyzed.=20
This is of special importance as the Forest Service field offices have =
routinely=20
ignored citizen requests for no logging alternatives to =
projects.
The=20
public must be given more than the proposed 30 days to read & =
comment on an=20
entire ten-year National Forest Management Plan. Furthermore, the =
agency's=20
decision-making record should be open to the public and an opportunity =
should be=20
given for the public to appeal the final decision. The proposed =
regulations=20
simply define the Plan as never being "final", even while being carried =
out!=20
This sets up a situation in which the Forest Service can always change =
the rules=20
and makes the decision-making processes much less transparent.
Professional review of comments from all citizens on National Forest=20
Management Plans should not be diminished in favor of local meetings and =
input=20
from people with ties to the logging, mining and gas drilling industries =
as=20
proposed in the new regulations. This has proven to be a disaster in =
California=20
and everywhere else the Forest Service has attempted it. Please make =
sure that=20
all comments are equal, and no one constituency is favored.
The=20
definition of "ecological sustainability" should include natural =
disturbance=20
patterns, and not be narrowly referred to as the "maintenance or =
restoration" of=20
ecosystems. While natural systems evolve and change in cycles over time, =
logging=20
is needed to maintain one type of forest or "restore" the forest to a =
previous=20
type. The proposed definition therefore ensures logging. Restoration =
must not=20
become the new name for "get the cut out."
Finally, an environmental impact statement should be conducted when a =
ten-year management plan is revised. It is irresponsible to not analyze =
the=20
effects of a plan on the environment. Furthermore it is a violation of =
NEPA.
Please keep me informed about any decisions the Forest Service makes =
on this=20
issue.
Sincerely,
Name and Address