The Open Gate

September/October 2010
By Greg Mumm

In a recent discussion with a reporter from one of the OHV media rags, I was asked the question, “What are the big issues that BlueRibbon Coalition is concerned about right now?” That is a loaded question if ever there was one—and I am pretty sure he was immediately in regret for having asked it. There is never a short supply of “big issues” nationally. In fact, it seems like these days, even the “little issues” are made into “big issues”—but don’t blame us for that. It’s our job to act and to keep you informed. Check out www.sharetrails.org for more.

As just one of those “big” issues, the Forest Service has been in the process of developing a new Forest Planning Rule, targeting November 11, 2011, as the date of completion. As you may know, the Forest Service is required by law to develop a Forest Plan for each Forest in the system. Then, periodically, they are required to develop a revision to that Forest Plan. The Forest Planning Rule is the over-arching guide for which the individual Forests in the System develop those individual Forest Plans and/or plan revisions. In turn, the individual Forest Plan serves as the guide for project level planning on the Forest. Put simply, there is the Forest Planning Rule guiding the individual Forest Plan which guides the Project Level Planning. Everything tiers one to the other and the development of each is a public process.

Various Forest Planning Rules and subsequent Forest Planning have been mired in process and in the courts for so many years it is difficult to even tell which Forest Planning Rule under which we are currently working. The Forest Service 1982 Planning Rule was replaced by the 2000 Planning Rule, which the Forest Service sought to revise in 2005. The 2005 Rule was shot down in the courts, so they tried again in 2008. The 2008 Planning Rule was also held as invalid by a Federal District Court, which caused Forest Planning to revert back to the 2000 Planning Rule, under which no National Forest or Grassland has ever developed a Forest Plan because it is so complex. But there are enough transition provisions in the 2000 Rule that permit the use of the 1982 rule provisions so the agency’s expectation is that National Forests and Grasslands will use the 1982 rule provisions to revise and amend plans until the new Planning Rule is complete… whew!

The point is, there is a huge regulatory void that needs to be filled here and that is what makes this latest effort at developing a Planning Rule a “big” issue. In the process, we need to ensure that recreational access is not tossed out of the mix. Rather, that it continues to be an important tenet of the new Rule as Congress originally intended.

You can help us by being involved as this continues to develop. Check out the page on our website to learn more and keep up to date on what is going on at http://www.sharetrails.org/public-lands/?section=FS_Planning_Rule. While you are at our website, sign up for our email alerts and the BRC Recreation News to help us keep you informed.