Comment Analysis · Docket FS-2025-0001

FS-2025-0001-272277

Opposes rescissionA1 strongSubstance 19/24Owed an answerPosted August 26, 2026 On Regulations.gov

In short: The comment establishes that the proposed rule contains deficiencies in its cost-benefit analysis, wildfire rationale, treatment statistics, reliance interest analysis, NEPA compliance, range of alternatives, and public comment process, and requests specific procedural and substantive changes to the rulemaking.

Scored directly — The comment's whole text was scored on its own.

Scorecard

Each dimension is scored 0–3; the eight sum to the substance score out of 24.

  • Specific placeNames a specific location — from a region down to an exact creek, trail, road, or map reference.
  • Local knowledgeDraws on a first-hand connection to the place — visits, sustained activity, occupation, or a professional role.
  • EA analysisEngages the agency's environmental analysis directly.
  • Analytical gapIdentifies something the analysis fails to address.
  • EvidenceBacks claims with specific facts, data, or research.
  • RequestMakes a specific, actionable request of the agency.
  • AlternativeProposes a different course of action.
  • LegalCites statutes, regulations, or legal obligations.

How hard it is to set aside

A1 strong: Must be answered — it names the law.

Owed an answer on Analytical gap, Alternative, Legal.

Standard dismissals it defeats

  • Already addressed The agency says its analysis already covers the point. Defeated when the comment cites the law itself: there is no analysis to cite against a statutory claim.
  • Misreads the proposal The agency says the comment misunderstands what is proposed. Defeated when the comment engages the proposal or a named place directly.
  • No cause and effect shown The agency says the comment asserts a harm without showing how the action causes it. Defeated when the comment shows the mechanism.
  • Outside the scope The agency says the comment asks about a different action. Defeated when the comment is specific and tied to this proposal.
  • Certified not substantive The agency certifies the comment raises nothing substantive. Defeated when the comment alleges illegality, which is substantive by the definition the certification runs on.

Still open to the agency

  • Alternative already eliminated The agency says it considered and eliminated the alternative the comment proposes, with a reason. Cannot be defeated from the comment text alone.
  • Deferred to a later decision The agency says the point belongs to a later, site-specific decision. Cannot be defeated from the comment text alone.
  • Not required The agency says the analysis the comment asks for is not required. Cannot be defeated from the comment text alone.
  • Preference noted The agency notes the comment as a statement of preference and takes no action on it. Cannot be defeated from the comment text alone.

Topics

  • Legal Regulatory Framework
    • “reliance interests are unaddressed”
    • “The process is inadequate”
    • “The range of alternatives is inadequate”
    • “request a specific response to each numbered item in the Final EIS”
  • Economic Impact Fiscal
    • “cost-benefit analysis does not support the action”
    • “annual recreation losses of about $6.1 million”
    • “projected timber revenue exceeds the lifecycle maintenance cost”
    • “recreation businesses, outfitters, and water providers invested”
  • Forest Management Wildfire
    • “wildfire rationale is contradicted by the Rule's text”
    • “permits cutting generally small diameter timber to maintain or restore ecosystem composition”
    • “Nothing restricts prescribed fire, managed wildfire, hand thinning, or mastication”
    • “identify, by project name, forest, and year, each hazardous fuels project”
  • Water Quality Quantity
    • “FEIS must quantify sediment and drinking water impacts”
    • “water providers invested on the same assumption”
    • “drinking water sources”

What it names

National Forests
San Bernardino National Forest
Roadless areas
Big CreekBig WoodsLittle Lake CreekWinters Bayou
Law cited
36 C.F.R. Part 294463 U.S. 29556 U.S. 502579 U.S. 211E.O. 14225

The comment

Shaded passages are the ones the analysis quoted as evidence for a dimension: Analytical gapEvidence

I regularly visit the inventoried roadless areas of the Sam Houston National Forest in Texas (Big Creek, Winters Bayou, Big Woods, Little Lake Creek) and formerly visited the San Bernardino National Forest. I oppose the rescission and comment on both the proposed rule and the Draft EIS. I request a specific response to each numbered item in the Final EIS. 1. The cost-benefit analysis does not support the action The preamble estimates annual recreation losses of about $6.1 million against $5.2-11.4 million a year in Treasury and Forest Service revenue, a figure assuming harvest across every operable acre, which the Department calls unlikely. It states these against a $6.9 billion road maintenance backlog, and concedes impacts could exceed $100 million. The FEIS should state plainly whether the projected timber revenue exceeds the lifecycle maintenance cost of the roads required to obtain it. If it does not, the economic rationale fails. 2. The wildfire rationale is contradicted by the Rule's text 36 C.F.R. § 294.13(b)(1)(ii) already permits cutting generally small diameter timber to maintain or restore ecosystem composition and structure, such as to reduce the risk of uncharacteristic wildfire effects. Section 294.12(b) permits roads for public health and safety. Nothing restricts prescribed fire, managed wildfire, hand thinning, or mastication. Small diameter material is what fuels reduction targets; the Rule restricts commercial removal of large trees, which is not fuels reduction. The preamble concedes that greater public access can increase human caused ignition potential. The Department cites the Rule's statement that such cutting "is expected to be infrequent," but that states an expectation, not an operative limit: it sets no cap and adds no approval condition. I therefore request that the FEIS identify, by project name, forest, and year, each hazardous fuels project in the last ten years a responsible official could not implement solely because of the 2001 Rule. Without this list, the stated purpose lacks record support under Motor Vehicle Mfrs. Ass'n v. State Farm, 463 U.S. 29 (1983). 3. The treatment statistic does not establish causation The low treatment rate in high hazard roadless acreage since 2014 is equally consistent with appropriation limits, workforce capacity, and WUI prioritization. The preamble itself says budget and physical constraints will limit road construction after rescission, conceding the constraint is fiscal. The FEIS must analyze these rather than assume the Rule is the cause. 4. Reliance interests are unaddressed The Department invites comment on reliance interests. Reversing a twenty five year policy requires more detailed justification where serious reliance interests exist (FCC v. Fox Television, 556 U.S. 502 (2009); Encino Motorcars, 579 U.S. 211 (2016)). Land management plans were revised against this backdrop and allocated timber production elsewhere; recreation businesses, outfitters, and water providers invested on the same assumption. The proposal analyzes none of it. 5. "This rule authorizes nothing" does not excuse NEPA analysis The Department justifies rescission by its expected effects while failing to analyze them. Its own figures, permanent roads newly permissible across 18.2 million acres and temporary across 11.3 million, are foreseeable consequences NEPA requires it to examine. The FEIS must quantify sediment and drinking water impacts, ESA effects and § 7 status, and cumulative effects with the reinstated Alaska Roadless Rule and E.O. 14225 timber targets. 6. The range of alternatives is inadequate The DEIS carries forward only three alternatives: no action and two rescission variants. No intermediate conservation alternative was analyzed in detail, including those Tribes requested. The FEIS must analyze: (a) retaining the Rule while broadening and streamlining the § 294.13(b)(1)(ii) fuels exception near the WUI, with mandatory temporary-road decommissioning (b) a state and Tribal petition process (c) delegating exception approval to forest supervisors, with deadlines (d) geographically limited rescission supported by unit-level evidence 7. The process is inadequate The Department allows 30 days for a proposed rule, three volume Draft EIS, and cost benefit analysis governing 58.5 million acres, with hearings only in Alaska under ANILCA § 810. Of 64 Tribal consultation requests, 29 have been held, and the Department acknowledges majority Tribal sentiment opposes the rescission. I request a comment period of no fewer than 90 days, hearings in each affected state, and completed tribal consultation before any final action. Requested action: withdraw the proposal and retain 36 C.F.R. Part 294, Subpart B. Alternatively, extend the comment period, hold hearings outside Alaska, complete consultation, and analyze the item 6 alternatives. Respectfully submitted, an anonymous member of the public

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