Comment Analysis · Docket FS-2025-0001

FS-2025-0001-446478

Opposes rescissionA1 strongSubstance 10/24Owed an answerPosted September 18, 2026 On Regulations.gov

In short: The comment establishes that NCAI requests the inclusion of its submission in the administrative record for Docket No. FS-2025-0001 and demands that USDA conduct full, timely, and meaningful government-to-government consultation with affected federally recognized Tribal Nations in accordance with Executive Order 13175 and USDA Departmental Regulation 1350-002 prior to any final decision on the rescission of the Roadless Area Conservation Rule.

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 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

Tribal Sovereignty
- “adequacy of Tribal consultation”
- “government-to-government consultation”
- “Treaty-reserved resources”
- “Tribal co-stewardship”
Cultural Heritage Indigenous
- “Tribal ancestral homelands”
- “sacred places”
- “cultural landscapes”
- “subsistence areas”
Environmental Protection Biodiversity
- “fish and wildlife habitat”
- “watersheds”
- “retain the existing Roadless Rule”

What it names

Law cited: Executive Order 13175

Attachments

1 file. Counts as 1 — Counts as one: The attachments enclose no one else's submissions; the comment counts as one.

Own letter

The comment

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

September 18, 2026 Joshua White Acting Director, Ecosystem Management Coordination U.S. Forest Service, USDA 201 14th Street SW Washington, DC 20250-1124 SUBMITTED VIA REGULATIONS.GOV Docket No. FS-2025-0001 / RIN 0596-AD66 Re: NCAI Comments on Proposed Rule and Draft Environmental Impact Statement—Special Areas; Roadless Area Conservation Dear Acting Director White: On behalf of the National Congress of American Indians (NCAI), I submit the enclosed comments on USDA's proposed rescission of the 2001 Roadless Area Conservation Rule. NCAI strongly urges USDA to select the No-Action Alternative and retain the existing Roadless Rule. The rule provides an important nationwide baseline for protecting Tribal ancestral homelands, treaty-reserved resources, subsistence areas, sacred places, cultural landscapes, watersheds, and fish and wildlife habitat. NCAI's position is grounded in resolutions adopted through its membership, including Resolutions #MEM-26-040, #SEA-25-102, #AK-21-010, and #ABQ-19-029. These resolutions reflect the view of Tribal Nations participating in NCAI's process that removing these protections would impose an unreasonable burden on affected Tribal governments to monitor and respond to numerous future forest-planning and project-level decisions affecting their homelands and resources. The enclosed comments explain NCAI's concerns regarding the adequacy of Tribal consultation to date, the need to protect treaty and subsistence rights, and the importance of meaningful Tribal co-stewardship. They also identify specific recommendations for USDA should the agency proceed with changes to the current rule. We respectfully request that USDA fully consider these comments and include this letter and the enclosed submission in the administrative record for Docket No. FS-2025-0001, and that USDA treat this submission as preserving NCAI's position for purposes of administrative and judicial review. NCAI urges USDA to ensure that all affected federally recognized Tribal Nations receive a full, timely, and meaningful pre-decisional opportunity for government-to-government consultation, consistent with Executive Order 13175 and USDA Departmental Regulation 1350-002, before any final decision is made. Sincerely, Viswatej Attili Policy Associate National Congress of American Indians Enclosure: NCAI Comment Letter on Special Areas; Roadless Area Conservation