Senator Maria Cantwell's Statement OnRoadless Forest Protection Rule Legislation
WASHINGTON, DC - Following is Senator Maria Cantwell's (D-WA) statement on legislation announced today to codify the roadless forest protection rule:
"The Roadless Forest Protection Rule protects our national forests to the benefit of all who seek to enjoy them, not only in this generation, but in generations to come. It is now clear that in order to ensure the adoption of a Roadless Forest Protection Rule that fulfills our responsibility for environmental stewardship, we must pursue legislation to codify the rule in both the House and the Senate. I thank Representatives Jay Inslee and Sherwood Boehlert for their leadership in the House and will soon introduce bipartisan legislation in the Senate to codify the rule.
"The Roadless Forest Protection Rule represents the result of years of deliberation and the input of more than 1.6 million Americans. It is a balanced policy that allows for the continued management of roadless areas against catastrophic fire and other disturbances while also preserving these relatively limited acres of public forest lands as a legacy for our children. The Roadless Forest Protection Rule neither limits public access to existing roaded areas nor limits recreational opportunities throughout the forest land.
"Currently, our national forests contain over 383,000 miles of roads, many of which are in great disrepair. This policy allows the Forest Service to concentrate its efforts on addressing the $8.4 billion shortfall needed to maintain existing roads instead of constructing new roads that will add to the maintenance burden in the future."
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Timeline on the Roadless Rule
The Bush Administration's response to the Roadless Area Conservation Rule has sparked two separate but equally passionate debates: the first was focused on getting the Administration to recognize and enforce the existing law; the second will focus on the environmental questions related to protecting roadless forests and vital watersheds for future generations. Senator Maria Cantwell (D-WA) will introduce legislation to codify the Roadless Area Conservation Rule.
September 1999 The Forest Service prepares a detailed rulemaking and Environmental Impact Statement of a new rule that limits road building in 58.5 million acres of the national forest. The process includes holding 600 public meetings and the receipt of 1.6 million comments.
January 12, 2001 The Roadless Area Conservation Rule is published in the Federal Register, making it final and giving it the force of law.
January 17, 2001 At his confirmation hearing, Attorney General nominee John Ashcroft promises Cantwell that as Attorney General he will "support and enforce" the Roadless Area Conservation Rule along with other laws and will not be "result oriented" despite the wishes of the White House.
January 23, 2001 The "Card memo" is illegally used to delay the effective date of final rules, including the Roadless Area Conservation Rule, so Bush agency appointees can review them and determine their fate.
March 15, 2001 After a case is filed in U.S. District Court in Idaho seeking a preliminary injunction on the Roadless Area Conservation Rule, Senator Cantwell sends a letter, co-signed by Senator Patrick Leahy (D-VT), reminding Attorney General Ashcroft of his commitment to support and enforce the law.
March 16, 2001 In the court case before the U.S. District Court in Idaho, rather than defend the rule, the Department of Justice (DOJ) files only a minimal five-page brief that does not refute plaintiffs' arguments.
March 29, 2001 Cantwell and Attorney General Ashcroft speak by telephone, and he reaffirms his commitment to "vigorously enforce" the Roadless Area Conservation Rule during the upcoming court hearing.
March 30, 2001 Rather than actively arguing the case before the court or specifically addressing the plaintiffs' arguments, DOJ attorneys read a three-minute prepared statement at the hearing in the U.S. District Court in Idaho.
April 4, 2001 Cantwell meets with Attorney General Ashcroft and his staff in the Capitol to discuss the DOJ's handling of the Roadless Area Conservation Rule.
April 5, 2001 The U.S. District Court judge in Idaho issues an order declining to act until receipt of the DOJ's status report on the Department of Agriculture's review of the Roadless Area Conservation Rule on May 4, but accepting the plaintiffs' arguments.
April 12, 2001 Cantwell sends a second letter to Attorney General Ashcroft, expressing her concerns about the way the case is being handled and underscoring her expectation that he will follow through on his commitment to support and enforce the law.
April 26, 2001 According to press reports, White House officials instruct the DOJ to find a way to set aside the rule until it can be revised, rather than allowing it to be implemented as scheduled on May 12, 2001.
April 26, 2001 Cantwell calls Administrative Law Professor Tom McGarity of the University of Texas at Austin, who testifies on the illegality of the "Card memo", before the Energy and Natural Resources Subcommittee on Forests and Public Land Management Hearing on "Energy implications of the Forest Service's Roadless Area Rulemaking."
May 4, 2001 The Administration is required to provide the Idaho court with the results of its "review" of the Roadless Area Conservation Rule.
May 4, 2001 Agriculture Secretary Ann Veneman announces that the Administration will implement the existing Roadless Area Conservation Rule but will begin a new rulemaking process in June. The new rulemaking process will keep the "core protections" of the rule, but could undermine key protections.
May 4, 2001 DOJ files a document with the District Court that is substantially similar to Secretary Veneman's press release.
May 5, 2001 The Bush Administration ends its delay of the Roadless Area Conservation Rule. Administration officials are forced to treat the Roadless Area Conservation Rule as law, which prevents them from rolling it back without taking effect unlike the arsenic and mining rules.
May 10, 2001 The Idaho Court issues a preliminary injunction that delays the implementation of the Roadless Forest Protection Rule, relying in part on the weak arguments in DOJ's papers filed in opposition to the injunction.
May 14, 2001 Senator Cantwell sends a third letter to Attorney General Ashcroft, calling on the DOJ to promptly appeal the decision and vigorously argue in favor of the Rule.
July 1, 2001 Department of Agriculture issues an Advanced Notice of Proposed Rulemaking that expresses it intent to return to a local planning process. The public comment period ends September 10, 2001.
June 7, 2001 Forest Service Chief Dale Bosworth issues a directive that keeps the status quo of local planning in effect while the injunction is in place, effectively suspending the protections provided by the rule.
July 10, 2001 DOJ allows the deadline for submission of briefs to the Ninth Circuit Court to pass without filing briefs opposing the Preliminary Injunction.
September 10, 2001 Deadline for public comments to be received on the Department of Agriculture's Advanced Notice of Proposed Rulemaking.
October 15, 2001 The hearing on appeal of the Preliminary Injunction is held in the Ninth Circuit Court. DOJ neither files an appeal nor attends the arguments.
December 14, 2001 USFS Chief Bosworth issues an interim directive that eliminates protections added to the Forest Service manual allowing roads to be built in smaller, previously unroaded areas.
May 10, 2002 25 Democratic Senators, including Majority Leader Tom Daschle, joined Senator Maria Cantwell (D-WA) in calling on the Bush Administration to keeps its promise and immediately implement the Roadless Forest Protection Rule.
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