Conserving Montana’s Roadless Backcountry

Updated July 2008 | .pdf version 

In a triumph of special interests over public interest, the Roadless Area Conservation Rule, one of the most significant and popular conservation measures in U.S. history, was officially repealed by the Bush administration in May 2005. Issued in January 2001 following the most extensive public rulemaking in history, this landmark conservation initiative protected 58.5 million acres of wild roadless areas in our national forests, including 6.4 million acres of backcountry in Montana, from most commercial logging and road building. With more than one-half of America's national forests already open to logging, mining and drilling, the rule was intended to preserve the last third of undeveloped forests as a home for wildlife, a haven for recreation and a heritage for future generations.

The new roadless policy, issued by the Bush administration in May 2005, repealed the 2001 Roadless Area Conservation Rule, thus leaving millions of acres of our last wild forests at risk from logging, mining, drilling and other harmful activities. The new policy replaces environmental protections for much of our national forests with a voluntary process that allows governors to petition for protection of roadless areas in their states-or for more logging, mining, drilling or other forms of commodity development. In the end this new policy does not assure any type of federal protections for these national forestlands.

One justification of the administration’s repeal of the 2001 rule was that its fate was tied up in the courts. Defenders of the 2001 rule point out, however, that the Bush administration has refused to defend it in court cases brought by the timber industry and its allies, breaking its promise to do so.

Background

The Swan Crest. The Bridgers. The Elkhorns. Montana’s backcountry areas — forests and mountains accessed by trails — are some of the best of Montana. These and other backcountry areas, formally called “inventoried roadless areas,” have been the subject of debate since the 1970s. Finally, Montanans have the opportunity to put this issue to rest and keep our backcountry areas the way they have always been — accessible by trails and without the noise and scars of bulldozers.

The U.S. Forest Service has asked Gov. Brian Schweitzer for advice on which areas should stay the way they are. In turn, Schweitzer is developing a state roadless recommendation process to help decide the future of Montana’s roadless national forest lands.

By March of 2006, the governor wrapped up a series of meetings with county commissioners around the state about this issue. The governor’s office accepted public comments and ideas until March 1 of this year, and is expected to formally submit a petition to decide the fate of Montana’s roadless areas to the Forest Service in November of 2006.

As originally implemented in 2001 and now pending as a bill in Congress, the roadless policy:

• Allows new roads to be built in specified circumstances, such as to fight fires or in the event that other natural events threaten public safety

• Allows the thinning of trees under the guise of wildfire prevention

• Provides full access for recreational activities such as backpacking, camping, hunting and fishing

• Closes no existing road or trail

• Permits expansion of oil and gas operations within exist ing and renewed leasing areas

• Does not change state or private landowners' right to access their land.

Recommendations for the Future

We all benefit from Montana’s backcountry in many ways:

• Our clean drinking and irrigation water, as well as our blue- ribbon trout streams, depend on unroaded National Forests;

• Roadless areas support Montana’s way of life, from hiking, horseback riding and berry picking to cross-country skiing, hunting, and fishing;

• Montana’s five-week elk hunting season — the envy of the nation — depends on the habitat security provided by the backcountry;

• Montana’s wildlife-related industries contribute $1.7 billion to the state economy every year, supporting jobs and families;

Keeping these areas intact for future generations of Montanans to benefit from is simple common sense; the Forest Service already has far more roads than it or taxpayers can afford to maintain.

Noting these benefits, and the respecting the wishes of the 13,891 Montanans who commented in support of the 2001 rule (of the 17,429 Montanans who commented on the 2001 roadless rule, 78% were in favor of backcountry protection), it is hereby recommended that Governor Schweitzer petition the federal government for full conservation (as outlined in the 2001 rule) of all 6.4 million acres of Montana's roadless lands.

UPDATE from the Wilderness Society - Court Reinstated the 2001 Roadless Rule
On September 20, 2006, US Magistrate Judge Elizabeth Laporte, of the United States District Court for the Northern District of California, decided that the Bush Administration violated the National Environmental Policy Act and the Endangered Species Act when it repealed the 2001 Roadless Area Conservation Rule.

The court reinstated the 2001 Roadless Rule and enjoined the Forest Service from undertaking any road building or logging inconsistent with the Roadless Rule, except in the Tongass National Forest. On November 29, the court specifically barred road building in connection with more than 300 oil and gas leases sold in roadless areas since January 2001, along with a road building project in Idaho.

>> Read a synopsis of Judge LaPorte's ruling

Following Judge Laporte’s ruling, the Chief of the Forest Service has issued an agency-wide directive prohibiting any “further management activities in inventoried roadless areas that would be prohibited by the 2001 Roadless Rule.”

>> Read the directive

Resources

Montana Roadless Working Group
PO Box 8251, Missoula, MT 59807
(406) 360-3904

Heritage Forests Campaign
1200 Eighteenth Street, N.W., Fifth Floor, Washington, DC 20036(202) 887-8800

Government Agencies

USDA Forest Service
Sidney R. Yates Federal Building
201 14th Street, SW
Washington, DC 20250

Read the Roadless Area Conservation Rule (As published in the Federal Register, January 12, 2001) online at: http://www.ourforests.org/fact/roadless_rule.pdf 

Note: All of the material in this factsheet was excerpted from the Heritage Forests Campaign (www.ourforests.org) and from the Montana Roadless Working Group (www.bigskylegacy.org).