Interim Directive on Roadless Areas

On May 28, Secretary of Agriculture Tom Vilsack signed an interim directive giving his office the decision-making authority over road building and timber harvesting in inventoried roadless areas. In prior administrations this authority was delegated to the Undersecretary of Agriculture for Natural Resources and Environment or the Chief of the Forest Service. National forest lands in Idaho are exempt because those lands are covered by a state petition roadless rule developed under the Administrative Procedures Act.

In announcing the interim directive, the Secretary pointed to the confusion created by conflicting federal court decisions. This is in reference to decisions by Judge LaPorte in the Northern District of California (Ninth Circuit) enjoining implementation of the 2004 Bush roadless rule and by Judge Brimmer in the Wyoming District Court (Tenth Circuit) enjoining implementation of the 2001 Clinton roadless rule. Judge LaPorte's decision is currently on appeal to the Ninth Circuit Court of Appeals. A hearing was held on June 2 before Judge Brimmer on a request by the government to stay his decision pending appeal.

Although the directive was lauded by environmental groups as reinstating the 2001 roadless rule, it is, in fact, purely procedural. It does not signal any specific direction on the part of the Obama
Administration as to how inventoried roadless areas will be managed, nor does it call for a moratorium on activities in inventoried roadless areas. This action by the Secretary signals that he is aware of the issue and is willing to take a leadership role in resolving the issue at the administrative level. /Ann Forest Burns

Appropriations Update

Both the House and Senate Interior Appropriations Subcommittees convened hearings during the week of May 18 to review President Obama's FY10 budget request for the Forest Service. The
administration and Congress have promised to pass all 12 spending bills, including the Interior measure, before the start of the 2010 fiscal year which begins on October 1. The government was funded under a continuing resolution for a good portion of FY09 and there seems to be a strong interest to avoid that this year.

On May 12, when the House Interior Appropriations Subcommittee took up the $5.2 billion budget, Chairman Norm Dicks (D-WA) noted the proposal includes a nine percent increase over last year and was better than recent budgets. Dicks did question proposed cuts to hazardous fuels reduction and wildfire preparedness spending.

Programs receiving significant increases include $556.9 million for capital improvements and maintenance an $80 million increase, and $306 million for state and private forestry, a $40 million increase. The budget also calls for $2.238 billion for wildland fire management, which represents a $134 million increase, with $1.129 billion dedicated for firefighting. A $282 million dollar discretionary reserve for firefighting would be established to be used only if the dedicated amounts are depleted. Ranking minority member, Mike Simpson (R-ID), agreed that action must be taken to ensure firefighting costs don't harm other programs within the Forest Service. Simpson was critical, however, of the large funding increases for capital improvements and maintenance since the agency just recently received over $600 million for the same purpose from the American Recovery and Reinvestment Act.

On May 20, the Senate Interior Appropriations Subcommittee took up the Forest Service budget and also seemed pleased with the President's proposal. However, Chairwoman Dianne Feinstein (D-CA) noted that while the agency is fully funding wildfire suppression, wildfire management and prevention programs remain flat or decreased; pointing to a reduction of $13 million in hazardous fuels.

President's Priorities
According to the administration, the budget reflects a shift from production forestry to restoration forestry. Program funds will place additional emphasis upon ecological restoration of the National Forest System, the repair of its ecosystems, and their ability to adapt to and potentially mitigate the effects of climate change. They believe restoration efforts require the fuller and more systematic use of the latest science to develop new, more complex approaches to silviculture and landscape management. The budget also includes $50 million for the enhancement of the operational components of the National Forest System focusing on improving facilities such as roads and trails; travel management plans with an emphasis on decommissioning roads not needed in the plans; and finally urgent health and safety needs.

Supplemental Spending Approval
Both the House and Senate have approved supplemental spending bills for the wars in Iraq and Afghanistan and to enhance specific needs for the 2009 budget. Included in those supplemental
appropriations is a $250 million contingency account for wildfire suppression and emergency rehabilitation of burned areas for the Interior Department and the Forest Service. Of those dollars $200 million is targeted for the Forest Service while $50 million will be directed to Interior including the BLM. The money would be available only if other funds will be "exhausted imminently" and the House and Senate Appropriations committees are notified in writing. Of the Forest Service total, $50 million can be transferred to Interior for similar activities; likewise, Interior may transfer all of its money to the Forest Service. / Tom Partin

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AFRC Newsletter: 6/3/09