landusepbb
08-08-2005, 05:10 PM
1. APPEAL OF BUSH ROADLESS PLAN THROWN OUT
An attempt by environmental groups to repeal George W. Bush's version of the Roadless Rule was dismissed by a federal court. The appealing party included the Wyoming Outdoor Council and several other environmental groups. They hoped to have the Clinton-era Roadless rule reinstated, but since a replacement rule has already been adopted, the panel of three judges ruled the appeal irrelevant. The Forest Service did not issue the replacement rule until May 5, the day after the court heard oral arguments.
Far from giving up, the plaintiffs will continue litigation and other means to battle the new roadless plan. The Clinton road-building ban was dismissed in Wyoming in 2003, when a federal judge ruled that the executive branch had overstepped its powers in creating wilderness areas on U.S. Forest Service lands. Bush's surrogate plan opens these lands, most of which are located in the West, to potential logging, mining, and other industrial or commercial development.
As part of the replacement rule, states have until late 2006 to notify the US Department of Agriculture (which oversees the Forest Service) of their choice, either to prevent or allow road building.
---
2. YELLOWSTONE SNOWMOBILE CONFLICT CONTINUES
After years of litigation and bureaucratic maneuvering, the highly politicized dispute over winter use in Yellowstone National Park -- specifically snowmobile use - endures. Despite this history, Park officials are hopeful that a long-term plan will be in place by the winter of 2007-8.
Bill Clinton's administration had enacted a plan to phase out Yellowstone snowmobile use by 2003-4. The Department of Interior, led by Secretary Gale Norton, has since decided it does not favor such a policy. It has been suggested that this issue is an important, symbolic one for George W. Bush's administration, which supports allowing up to 1,000 snowmobiles in the Park per day.
A temporary, three-year plan was instituted last winter. It calls for use to be capped at 720 snowmobiles per day. Machines must have the best-available emissions-control technology, and must be part of guided tours. Last winter also saw a dramatic drop in snowmobile use, from an historic average of 765 to around 240 machines per day. Some attribute this decrease to confusion over official snowmobile policies, and scarce snowfall.
For more information on this issue, visit www.nps.gov/yell/winteruse.htm
---
3. NEW PLAN ALLOWS SOME OFF-ROAD VEHICLE USE IN DENALI
The National Park Service has announced its decision to allow residents of Cantwell, Alaska to use off-road vehicles in parts of Denali National Park and Preserve, due to the role ORVs play in subsistence practices that have developed among the people over the past several decades.
As part of the Alaska National Interests Lands Conservation Act of 1980, indigenous peoples were allowed to continue "traditional" subsistence practices in the newly protected areas. In 1986, the Park Service concluded that ORV use was not a "traditional" subsistence practice and therefore would not be allowed within the Park. The decision called for a review in the future.
This review, prompted in part by requests by Cantwell residents, was concluded this month, and is a reversal of the 1986 decision. Now the Park Service feels that successive generational ORV use (for subsistence purposes) by Cantwell residents has been demonstrated. Some families have demonstrated their reliance on ORVs for up to three generations prior to the ANILCA of 1980.
Only Cantwell residents will be permitted to use ORVs in Denali, and there will be some limitations.
---
4. GIFFORD PINCHOT NATIONAL FOREST MAY ALLOW EXPANDED OFF-ROAD VEHICLE USE
The Gifford Pinchot National Forest, located in Washington, may conduct a review of its roads, and open more areas to off-road vehicle recreation.
The impetus for the proposed changes comes from a bill passed by the Washington State Legislature that became effective on July 1. It calls for amendments to state law allowing all-terrain vehicles on "non-highway" roads. This could be interpreted to include most roads in the Gifford Pinchot.
Previously, ORVs were not allowed on Gifford Pinchot roads, in compliance with state law that required vehicles to be fully licensed (ORVs are not). There are, however, 38 miles of trails available for ORV recreation, as well as hundreds of miles of motorcycle trails. Gifford Pinchot officials have issued a forest closure order, keeping roads ORV-free until a review can be conducted. The Mount Baker-Snoqualmie National Forest has issued a similar order, while the Colville and Wenatchee Forests are expected to open many miles to ORV use.
Forest officials have several serious concerns when it comes to the possibility of expanded ORV use, including harm to wildlife, conflicts with other recreationists, lack of adequate staging areas, sanitation, litter, and increased fire danger.
A lack of budgetary flexibility has prevented the review from taking place thus far. Meanwhile, a petition is being circulated among ORV supporters with the hope of opening more of the Gifford Pinchot National Forest.
http://www.wildlandscpr.org
An attempt by environmental groups to repeal George W. Bush's version of the Roadless Rule was dismissed by a federal court. The appealing party included the Wyoming Outdoor Council and several other environmental groups. They hoped to have the Clinton-era Roadless rule reinstated, but since a replacement rule has already been adopted, the panel of three judges ruled the appeal irrelevant. The Forest Service did not issue the replacement rule until May 5, the day after the court heard oral arguments.
Far from giving up, the plaintiffs will continue litigation and other means to battle the new roadless plan. The Clinton road-building ban was dismissed in Wyoming in 2003, when a federal judge ruled that the executive branch had overstepped its powers in creating wilderness areas on U.S. Forest Service lands. Bush's surrogate plan opens these lands, most of which are located in the West, to potential logging, mining, and other industrial or commercial development.
As part of the replacement rule, states have until late 2006 to notify the US Department of Agriculture (which oversees the Forest Service) of their choice, either to prevent or allow road building.
---
2. YELLOWSTONE SNOWMOBILE CONFLICT CONTINUES
After years of litigation and bureaucratic maneuvering, the highly politicized dispute over winter use in Yellowstone National Park -- specifically snowmobile use - endures. Despite this history, Park officials are hopeful that a long-term plan will be in place by the winter of 2007-8.
Bill Clinton's administration had enacted a plan to phase out Yellowstone snowmobile use by 2003-4. The Department of Interior, led by Secretary Gale Norton, has since decided it does not favor such a policy. It has been suggested that this issue is an important, symbolic one for George W. Bush's administration, which supports allowing up to 1,000 snowmobiles in the Park per day.
A temporary, three-year plan was instituted last winter. It calls for use to be capped at 720 snowmobiles per day. Machines must have the best-available emissions-control technology, and must be part of guided tours. Last winter also saw a dramatic drop in snowmobile use, from an historic average of 765 to around 240 machines per day. Some attribute this decrease to confusion over official snowmobile policies, and scarce snowfall.
For more information on this issue, visit www.nps.gov/yell/winteruse.htm
---
3. NEW PLAN ALLOWS SOME OFF-ROAD VEHICLE USE IN DENALI
The National Park Service has announced its decision to allow residents of Cantwell, Alaska to use off-road vehicles in parts of Denali National Park and Preserve, due to the role ORVs play in subsistence practices that have developed among the people over the past several decades.
As part of the Alaska National Interests Lands Conservation Act of 1980, indigenous peoples were allowed to continue "traditional" subsistence practices in the newly protected areas. In 1986, the Park Service concluded that ORV use was not a "traditional" subsistence practice and therefore would not be allowed within the Park. The decision called for a review in the future.
This review, prompted in part by requests by Cantwell residents, was concluded this month, and is a reversal of the 1986 decision. Now the Park Service feels that successive generational ORV use (for subsistence purposes) by Cantwell residents has been demonstrated. Some families have demonstrated their reliance on ORVs for up to three generations prior to the ANILCA of 1980.
Only Cantwell residents will be permitted to use ORVs in Denali, and there will be some limitations.
---
4. GIFFORD PINCHOT NATIONAL FOREST MAY ALLOW EXPANDED OFF-ROAD VEHICLE USE
The Gifford Pinchot National Forest, located in Washington, may conduct a review of its roads, and open more areas to off-road vehicle recreation.
The impetus for the proposed changes comes from a bill passed by the Washington State Legislature that became effective on July 1. It calls for amendments to state law allowing all-terrain vehicles on "non-highway" roads. This could be interpreted to include most roads in the Gifford Pinchot.
Previously, ORVs were not allowed on Gifford Pinchot roads, in compliance with state law that required vehicles to be fully licensed (ORVs are not). There are, however, 38 miles of trails available for ORV recreation, as well as hundreds of miles of motorcycle trails. Gifford Pinchot officials have issued a forest closure order, keeping roads ORV-free until a review can be conducted. The Mount Baker-Snoqualmie National Forest has issued a similar order, while the Colville and Wenatchee Forests are expected to open many miles to ORV use.
Forest officials have several serious concerns when it comes to the possibility of expanded ORV use, including harm to wildlife, conflicts with other recreationists, lack of adequate staging areas, sanitation, litter, and increased fire danger.
A lack of budgetary flexibility has prevented the review from taking place thus far. Meanwhile, a petition is being circulated among ORV supporters with the hope of opening more of the Gifford Pinchot National Forest.
http://www.wildlandscpr.org