OK just re-read my post and I guess by eyes weren't the only thing going buggy. Oh well, let me recap:
An IRA Is:
-A list of lands that have primitive characteristics.
-The first step taken to identify land for potential addition to the Wilderness system.
-The inventory is dynamic, land can be added or remove during the USFS management plan revision process. One note: it is easier to remove land, from the inventory, than it is to add it to the Wilderness system. It literally takes an act of Congress for an IRA to become Wilderness. Land can be removed at the local level.
-At least 5000 acres or adjacent to an existing Wilderness area.
-Can and do contain roads.
An IRA is not:
-A designation.
-Does not afford the area special protection.
-A management plan.
The 2001 Roadless Rule did:
-Prohibit new lease for extraction industries
-Prohibit new road construction.
-Allow existing leases to remain.
The 2001 rule did not:
-Close any FS system roads or trails
-Prohibit construction of new trails.
-Prohibit motor vehicle use in areas where they are already allowed.
OK, so now some of the problems to watch out for.
Like any good government rule or reg
The 2001 rule has it's exceptions. The exceptions do allow the USFS to build permanent or temporary roads under certain circumstances.
From the USFS:
- To protect health and safety in cases of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause the loss of life or property.
- To conduct environmental clean up required by federal law.
To allow for reserved or outstanding rights provided for by statute or treaty.
- To prevent irreparable resource damage by an existing road.
- To rectify existing hazardous road conditions.
- Where a road is part of a Federal Aid Highway project.
- Where a road is needed in conjunction with the continuation, extension, or renewal of a mineral lease on lands that are under lease, or for new leases issued immediately upon expiration of an existing lease.
The problem, as the FS legal eagles identified it, is the language granting these exceptions is ambiguous at best. As the language stands now just because the FS *can* build roads it doesn't mean they *should* be able to build roads to protect lives, property and forest health. The language doesn't make it impossible but it does draw out the decision making process. A lot of the discussion revolved around the word "imminent". Here in CO we have experienced a Bark Beetle epidemic the likes of which has never been seen before. Add to that the drought conditions over the last few years and our forest are approaching explosive fire conditions. Seems simple enough but the FS is having a tough time proving that a fire is "imminent". Lucky for us the Task Force has proposed changes to the rule to make it easier for the FS to access IRAs to reduce fuel build up and to do "treatment" for beetle kill.
Another problem is (and I didn't mention it before, because it deserves special attention) the 2001 rule prohibits RECONSTRUCTION of existing roads within IRAs !! The rule does allow exceptions to the prohibition of reconstruction for the same reasons above BUT, and it's a BIG BUT, if you take another look there is NO mention of a roads recreational value!!!:Wow1:
If a road falls in to disrepair and it doesn't meet the criteria for reconstruction the FS is under NO obligation to rebuild the road based on its recreational value alone !!!
The last issue that surfaced is, although the rule did not close any "system roads" in is silent on NON system roads. During the FS's 2005 Travel Management revision process (AKA the OHV rule) the FS identified the issue that there are potentially thousand of miles of non system roads on USFS land. Some of these routes were user created. Some were created, back in the good 'ol days, when cross county travel was allowed. The FS has acknowledged that some of these routes ARE legitimate sustainable routes with high recreational value. The FS also acknowledged that there are legitimate roads on FS land the they were never aware of. some of these roads predated the FS's ownership of the land and may have never showed up on any of their maps. Some of the roads simply fell through the cracks. The Task Force, here, has realized that the 2001 rule and the 2005 rule need to be reconciled as to these non system roads.
I gotta go so I'll let ya'll chew on this stuff for a while. I'll post more later. again if you have any questions I'll do my best to answer them.
Happy Trails :wavey: