1. Presented to: Montana Forest Restoration Committee (MFRC) Presented by: Julia Riber, R1 Regional Planner Chris Partyka, Lolo NF Env. Coordinator 1

2.  Final rule (36 CFR 294) prohibits road construction, reconstruction, and timber harvest in inventoried roadless areas because these activities have the greatest likelihood of altering and fragmenting landscapes, resulting in immediate, long- term loss of roadless area values and characteristics. 2

3.  1924 – First concept of wilderness in National Forest System; administrative designation of Gila Wilderness in New Mexico.  1964 – 14.6 million acres NFSL classified as wilderness, wild, or primitive  1964 – Wilderness Act creates National Wilderness Preservation System (9 million acres). Act directs Sec. of Ag. to complete study of 34 “primitive areas” and determine suitability for wilderness by Sept. 2, 1974.  1971 – Forest Service expands scope of review to include all roadless areas.  1973 – Roadless Area Review (RARE I) FEIS Signed. Review of NFS Roadless larger than 5000 acres to determine suitability for National Wilderness Preservation System completed. FEIS identified 247 roadless areas to be further studied for possible wilderness status as part of MUSY planning process. 3

4.  1976 NFMA replaced MUSY process with requirement for integrated Land and Resource Management Plan (LRMP) for each forest and grassland.  1977 – concern that NFMA process was too slow to allow completion of RARE study areas. RARE II initiated.  1979 – Roadless Area Review and Evaluation II (RARE II) FEIS, nationwide inventory of roadless areas.  1982 – NFMA Forest Planning Regulations Revised 36 CFR 219.17 allowing discretion over development of inventoried roadless areas after approval of forest plans.  1998 – Interim Roads Rule (36 CFR 212) temporarily suspended road construction and reconstruction. 4

5.  1999 - Roads Policy (36 CFR 212, 261, 295) provides direction on road management.  2001 – Special Areas; Roadless Area Conservation; Final Rule. Provides National direction. All acres treated alike. Addresses roads and timber harvest. Provides for Chief’s, Regional Forester’s, or Line Officer’s review. Modifications/corrections extremely rare. 5

6.  NOI and DEIS proposed 2 part process. 1) Restrictions: restrict certain activities in unroaded portions of IRAs. 2) Procedures: to be implemented through land management planning. 6

7.  Roadless areas are defined in Roadless Area Conservation Final EIS, Vol. 2, Nov. 2000. They can only be changed through rulemaking.  Planning Rule (36 CFR 219) provides addition protection for unroaded and inventoried roadless areas not defined in RAC FEIS.  During plan revision, or at other appropriate times, the responsible official will identify and evaluate inventoried roadless areas and unroaded areas to determine additional protections.  Additional protections will be defined by Forest Plan (i.e., desired conditions, management area direction, standards, guidelines, etc.) 7

8.  To protect public health and safety in cases of imminent threat of flood, fire, or catastrophic event (RF review).  A road is needed to conduct a response action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Chief review).  A road is needed pursuant to reserved or outstanding rights, or as provided by statute or treaty. This includes existing special use permits (Chief review).  Road realignment is needed to prevent irreparable resource damage …of a classified road and cannot be mitigated by maintenance. May occur only if deemed essential for public or private access, natural resource management, or public health and safety (Chief review). 8 A road may not be constructed or reconstructed in inventoried roadless areas except as (36 CFR 294.12(b)(1-7)):

9.  Road reconstruction to implement a road safety improvement project on a classified road determined to be hazardous (Chief review).  Secretary of Agriculture determines that a Federal Aid Highway project is in the public interest (Chief review).  A road is needed in conjunction with the continuation, extension, or renewal of a mineral lease on lands under lease by the Secretary of the Interior as of Jan 12, 2001 or for a new lease issued immediately upon expiration of an existing lease (Chief review). 9 A road may not be constructed or reconstructed in inventoried roadless areas except as (36 CFR 294.12(b)(1-7)):

10.  Maintenance of classified roads is permissible in an inventoried roadless area. Definition of road maintenance (36 294.11): The ongoing upkeep of a road necessary to retain or restore the road to the approved road management objective. 10

11.  To improve TEPS species habitat.  To maintain or restore the characteristics of ecosystem composition and structure, such as to reduce the risk of uncharacteristic wildfire effects.  The cutting, sale, or removal of timber is incidental to the implementation of a management activity not otherwise prohibited.  The cutting, sale, or removal of timber is needed and appropriate for personal or administrative use.  Roadless characteristics have been substantially altered in a portion of an IRA due to the construction of a classified road and subsequent timber harvest (Chief review). 11 There are 5 exceptions that allow timber cutting, sale, and removal (36 CFR 294.13(b)(1-4)):

12.  In order to use these exceptions  The timber must be generally small diameter.  Must maintain or improve one or more of the roadless characteristics (see 294.11 Definitions). 12

13. Although not specifically written in the Rule, the preamble states:  Access for the exploration of locatable minerals pursuant to the General Mining Law of 1872 is not prohibited.  Reasonable access for the development of valid claims pursuant to the General Mining Law of 1872 is not prohibited.  Required level of review – Chief. 13

14.  Secretary Memorandum 1042-155 reserves decision making authority at level of Secretary with exceptions.  Under Secretary – road construction / reconstruction and timber cutting associated with locatable mining activities.  Chief – other activities (delegated to Regional Foresters to local line officers).  Local line officer may authorize:  1) tree cutting and road construction for emergencies,  2) tree cutting incidental to existing special uses,  3) cutting sale or removal of generally small diameter trees to improve TEPS habitat, maintain or restore ecosystem composition and structure, and  4) for administrative or personal use.  Review process (Regional Forester or Chief) established for activities other than emergency situations and administrative and personal use. 14

15. 15  36 Individual IRAs.  Approximately 40% Inventoried Roadless Areas.  Forest Plan Allocation of IRAs: 29% Wilderness 28% Disp. Rec. 15% Wildlife 20% Timber 8 % Other  Some development occurred prior to 2001.  Several IRAs interface with WUI.  Various fire regimes (low, mixed, high); predominance of mixed and high in upper elevations.

16. EXAMPLE APPROVED PROJECTS EXAMPLE FUTURE POSSIBLE PROJECTS  Timber Harvest Rock Creek Fuels Game Range Cedar –Thom  Prescribed Burning Rock Creek Fuels Game Range Cedar-Thom Clear Creek Antimony CC Divide Deep Rock Rennic Stark  Timber Harvest Ecosystem Restoration WUI Substantially Altered  Prescribed Burning Eddy Malone Clark Fork North Swamp Eddy Center Horse Jam Cracker Ninemile Divide Goat Packer / Mt. Bushnell 16

17.  Decision Notice – June 2003  Authorized IRA Treatments Silver King, Stoney Mtn. and Quigg Peak IRAs 219 Acres Timber Harvest w/ Prescribed Burning (Helicopter and Tractor) 261 Acres Slashing/Handpiling/Pile Burning 10,227 Acres Prescribed Burning  Following Settlement Agreement – May 2004 10 Acres Timber Harvest w/ Prescribed Burning (Tractor) 470 Acres Slashing/Handpiling/Pile burning 10,227 Acres Prescribed Burning  No Road Construction in IRA 17

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19. 19 Pre-Harvest Conditions

20. 20 Harry’s Campground Post Slashing Harry’s Campground Post Harvest

21.  Record of Decision - August 2002  Authorized IRA Treatments Cube Iron-Silcox IRA 580 Acres Timber Harvest w/ Prescribed Burning 526 Acres Prescribed Burning  Harvest Method Helicopter No Ground Based Yarding  (4 acres tractor approved but not treated with timber harvest) No Road Construction in IRA 21

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24.  Record of Decision – February, 2015  Authorized IRA Treatments: Sheep Mountain – State Line IRA Project Specific Forest Plan Amendment (timber harvest in MA 11- large roadless areas) 1171 Acres Low Severity Prescribed Burning 5209 Acres Mixed Severity Prescribed Burning 15 Miles Road Decommissioning 5 Miles Road Storage 15 Miles Road Maintenance 13 Miles Road Travel Restrictions Timber harvest (1145 acres)  942 acres in substantially altered IRA  203 acres in IRA (not substantially altered as per FP amendment)  Harvest Methods Skyline and/or tractor in substantially altered areas. Helicopter (183 acres) and Tractor (20 acres) immediately adjacent to private lands in are not substantially altered. 24

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26. 26 Pierson Gulch – substantially altered IRA

27. 27 Johnson Lane - WUI

28.  Low and Mixed Severity Prescribed Fire Restore ecosystem structure and composition. Reduce risk of uncharacteristic wildfire effects. Reduce fuel continuity at landscape scale. Restore fire regimes in WUI. Improve or maintain TESP / WBP and other wildlife habitat.  Timber Cutting Restore low and mixed severity fire regimes. Facilitate reintroduction of fire (see above). Improve TESP / WBP and wildlife habitat. Using helicopter and some conventional yarding where slope and existing road systems permit in substantially altered.  Watershed and Aquatic Habitat Restoration Road and culvert removal, decommissioning and maintenance. Stream stabilization and restoration. Abandoned mine restoration. 28

29. Montana Forest Restoration Committee (MFRC) Presentation 2001 Roadless Rule November 30, 2015 29