Greenwire: May 2, 2012
FORESTS: Colorado roadless rule expands some protections but still exempts mines, ski resorts
Phil Taylor, E&E reporter
A final plan to preserve some 4.2 million acres of roadless forests in Colorado would more than double the amount of lands slated for top-tier protections but would still allow limited roads to accommodate coal mines, ski resorts and community wildfire protection.
Obama administration officials said the final rule unveiled today is stronger than a 2001 national roadless rule that provided blanket restrictions on most logging and road building across nearly 60 million acres of national forests. But some environmentalists this morning said Colorado's rule still falls short of the Clinton administration's rule, which has recently been upheld by federal courts.
"When finalized, this rule will provide a lasting commitment for the protection of roadless areas on our national forests, areas vital for water conservation, wildlife and for outdoor recreation," said Agriculture Secretary Tom Vilsack, who announced the plan with Colorado Gov. John Hickenlooper (D) from a park in Denver backdropped by the Rocky Mountains.
"Colorado's roadless areas are also important for economic growth and development, providing opportunity for tourism and job development in rural communities," Vilsack said.
The rule prohibits tree cutting and road construction within most of the 4.2 million acres of roadless lands spanning eight national forests. It also restricts the use of construction zones for power lines, pipelines and telecommunication lines on more than one-fourth of the lands.
The plan would also double the amount of lands given "upper tier" protections under a draft plan released a year ago, a move likely to please the state's backcountry hunters and anglers (E&ENews PM, April 14, 2011).
The 1.2 million acres of upper-tier areas would bar roads unless authorized by statutes, treaties or legal rights or to respond to imminent threats to public health and safety.
But the final rule retains exemptions for roads for methane wells needed to allow an expansion of underground coal mining in the North Fork area and allows more flexibility for existing ski areas, the Forest Service said.
The final rule also provides exemptions for roads and forest-thinning activities near communities that are at risk of wildfires. Hazardous fuels treatments and temporary roads would be allowed within a half-mile of "community protection zones" as long as certain conditions are met.
"The rule enhances all that makes Colorado special while at the same time providing a measure of flexibility that supports local economies and ensures communities can take steps to protect themselves from threats of wildfire," Hickenlooper said.
The rule also does not affect valid existing rights in roadless areas such as existing oil and gas leases and the development rights or restrictions associated with those leases, the Forest Service said.
Critics have said the state's rule could allow development of nearly 100 new oil and gas leases that were sold under the George W. Bush administration after the Clinton rule was temporarily discarded, although it remains unclear whether either roadless rule would preclude their development.
The rule could be finalized in as little as a month after the final environmental impact statement is published in the Federal Register.
Reactions
The proposal has split the environmental community in the state, with some criticizing it for falling short of the Clinton rule and others saying it represents a reasonable compromise for the state's economic development.
Lawmakers including Sen. Mark Udall (D-Colo.) have long advocated for a state-tailored plan that would protect communities from the threat of wildfire. The senator last week urged the agency to finalize its plan (Greenwire, April 26).
"This is a great example of a very thorough process, where thousands of Coloradans and stakeholders came together to work out a framework that makes sense for Colorado," Udall said today in a statement. "I look forward to taking a closer look at the rule being published today, and to ensure its future implementation continues to benefit Coloradans."
Joel Webster, director of the Theodore Roosevelt Conservation Partnership's Center for Western Lands in Missoula, Mont., said the new plan is an improvement but that backcountry sportsmen will be taking a close look at which areas were designated as upper-tier, which he called the "gold standard" for roadless protection.
"We're going to be taking a hard look to see if the input of the sportsman's community has been considered," he said. "The Colorado roadless rule needs to measure up overall on balance with the 2001 rule."
The rule could do more to assure it does not validate oil and gas leases sold under the Bush administration, Webster said. The group is happy to see "no-surface occupancy" restrictions for future oil and gas development but is concerned that linear construction is still allowed for water developments in upper-tier areas.
"We think it's taken a big step in the right direction, but we still think some things need to be refined," he said.
But Ted Zukoski, an attorney for Earthjustice who represents environmental groups in Colorado, said the agency's final EIS acknowledges that the state plan would result in several more miles of roads than what is expected under the national roadless rule.
"Three million of the 4 million acres are still given second-class treatment under this rule," Zukoski said.
The Pew Environment Group, which has lobbied the Obama administration to scrap the state rule, arguing the national rule has been legally upheld, this morning released a pie chart illustrating the amount of lands it said would receive weaker protections under the state rule. Jane Danowitz, director of the group's U.S. public lands program, said the new plan "would set weaker standards than the roadless rule on the majority of lands, leaving them vulnerable to new road construction and oil and gas drilling."
"As a result, water quality, wildlife habitat and the state's $10 billion recreation economy, including thousands of jobs, would be at risk," she said in a statement. "The importance of a national policy to preserve what remains of America's undeveloped forests cannot be overstated. ... We look to the administration to deliver a final policy for Colorado that measures up to the standards the national rule sets."
