Proposed Forest Rule Creates NEPA Loophole - January 13, 2003 Vol. 4 No.1

January 13, 2003 Vol. 4 No.1:

Published: 01/13/2003

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Proposed Forest Rule Creates NEPA Loophole

A new U.S. Forest Service rule would grant an exemption to the National Environmental Policy Act (NEPA) for certain small timber sales. The rule, which was proposed last week, would allow timber projects to eschew environmental assessments and impact statements -- normally required under NEPA -- provided that the project area poses a risk of wildfire or contains insect-infested or diseased trees.

The proposed rule outlines three categorical NEPA exemptions, which would allow the harvesting of up to 50 acres of live trees, the removal of up to 250 acres of dead or dying trees, and the removal of up to 250 acres of insect infested or diseased areas. "Through these proposed categories, the agency hopes to reduce bureaucratic red tape and save time, energy and money in preparing small, routine projects that are supported by local communities," said Forest Service Chief Dale Bosworth.

Alarmingly, the public would not be able to initiate administrative appeals, which are guaranteed under NEPA, to block these projects "because of their limited scope," officials said. This seems to forecast the cutting down of more trees with less input from the public. Much like the administration’s recent proposal to overhaul forest protection regulations, the rule seems to answer only to the concerns of the timber industry.

The Department of Agriculture will be accepting comments on the proposed rule for 60 days.