Comment Analysis · Docket FS-2025-0001

FS-2025-0001-471816

Opposes rescissionA1 strongSubstance 16/24Owed an answerPosted September 23, 2026 On Regulations.gov

In short: The comment establishes that the proposed rescission of the Roadless Area Conservation Rule is inconsistent with the agency's own DEIS findings regarding bird abundance, wildfire risk, water quality, and economic costs, specifically within the Santa Fe National Forest's Black Canyon, Little Tesuque, Pacheco Canyon, and Juan de Gabaldon Grant areas.

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, Evidence, 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

  • Wildlife Habitat
    • “bird richness declines with road presence”
    • “fragment exactly the quiet, intact habitat”
    • “31 percent of species avoiding the noise entirely”
    • “real wildlife”
  • Water Quality Quantity
    • “lies within a watershed that must be protected”
    • “Nichols Reservoir is a key municipal water storage area”
    • “Roads bring sedimentation, erosion, and contamination risk”
    • “drinking water consequences for communities”
  • Recreation Tourism Public Use
    • “popular for birding, easy hiking, biking, and running”
    • “Preserving it for that recreational use is essential”
    • “recreation losses of at least $6.1 million a year”
    • “place to camp, hike, bird, and enjoy”
  • Forest Management Wildfire
    • “human-caused wildland fire is nearly five times more likely”
    • “far higher fire density on roaded land”
    • “Building a road into a forest at high risk”
    • “data point the other direction”

What it names

National Forests
Santa Fe National ForestSanta Fe National Forest
Roadless areas
Black CanyonJuan de Gabaldon GrantLittle TesuqueNichols ReservoirPacheco CanyonWhite Pine
Law cited
36 C.F.R. Section 294.12
Works cited
Kroeger et al. 2022

The comment

Shaded passages are the ones the analysis quoted as evidence for a dimension: Specific placeEA analysisAnalytical gapEvidenceRequestAlternativeLegal

Re: Rescission of the Roadless Area Conservation Rule, Docket FS-2025-0001 I am writing about the Santa Fe National Forest in New Mexico, and I am asking this agency to reject the proposed rescission of the 2001 Roadless Area Conservation Rule. Black Canyon and Little Tesuque have been part of my life for many years. I have hiked both, gone on birding expeditions through them, and joined small groups studying the trees. They are dear to my heart, and I know I am not the only one who feels this way. The Santa Fe NF contains roadless areas I know well, among them Black Canyon at 1,922 acres, Little Tesuque at 815 acres, Pacheco Canyon at 1,012 acres, and the Juan de Gabaldon Grant at 8,023 acres in the high terrain of the Sangre de Cristo Mountains. Pacheco Canyon is a gorgeous multi-use trail I have hiked with friends and where I have seen others on bikes and horseback. The Juan de Gabaldon Grant sits close to Tesuque Pueblo, a community I have visited, and it lies within a watershed that must be protected from road development and what that would bring. Little Tesuque is a shaded, picturesque creek trail used by many locals in the Santa Fe area, popular for birding, easy hiking, biking, and running. Preserving it for that recreational use is essential to the well-being of people living here. Black Canyon provides locals and visitors a place to camp, hike, bird, and enjoy the ponderosas, aspens, and white pine. The birding I do in these places is directly relevant to this proposal. The agency's own record states that "bird richness declines with road presence in forested habitat, and that road-noise experiments in a roadless area cut bird abundance by over a quarter, with 31 percent of species avoiding the noise entirely." The DEIS cites Kroeger et al. 2022, McClure et al. 2013, and Ware et al. in support of these findings. Every road built into Black Canyon or Little Tesuque would fragment exactly the quiet, intact habitat that makes these areas worth photographing and worth visiting. I ask the agency to explain, specifically and in response to this comment, how those findings about bird abundance and species avoidance are reconciled with a proposal that opens these areas to road construction. The agency's own findings on fire make the rescission harder, not easier, to defend. The DEIS states: "Building a road into a forest at high risk from uncharacteristic wildfire effects could increase the incidence of human-caused fires. A human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands than on essentially unroaded lands." If fire risk is the justification, the data point the other direction. I ask that the agency reconcile this proposal with DEIS Table 21, which reports far higher fire density on roaded land than inside the affected roadless areas, and explain what analysis overrides its own prior findings. Nichols Reservoir is a key municipal water storage area in the Santa Fe Municipal watershed. Water is critical in the high desert foothills of the Sangre de Cristo Mountains. The agency's record shows that across the Southwestern region, which includes New Mexico, 739 municipal water intakes sit in watersheds containing affected roadless areas. New Mexico holds 120 inventoried roadless areas totaling 1,505,508 acres. Roads bring sedimentation, erosion, and contamination risk to source water. The agency must address the drinking water consequences for communities like Santa Fe before this rescission can move forward. The economic case is also unsupported by the agency's own numbers. The DEIS states: "the total timber volume affected by this rule is less than 0.5 percent of total United States production, and the total oil and gas production from all National Forest System lands is currently about 0.4 percent of the current national production." Against that marginal production gain, the agency's Cost Benefit Analysis projects recreation losses of at least $6.1 million a year and a net present value ranging widely, while the road maintenance backlog already stands at $6.9 billion. The agency must explain on the record how an action whose own analysis cannot establish a net benefit justifies further expanding that road system. Finally, the rule as written already provides flexibility. It states that it "generally banned road building subject to limited exceptions including: the preservation of 'reserved or outstanding rights' or discretionary Forest Service construction necessary for public health and safety. 36 C.F.R. Section 294.12(b)(1),(3)." The agency has not identified which specific burdens fall outside those exceptions. It should do so, with specifics, not generalities. These are real places with real communities, real water supplies, and real wildlife. The agency should withdraw the proposed rescission. Sincerely, Karen Weber Santa Fe, New Mexico

Keep learning. Keep speaking up.The Roadless Rule depends on public engagement. Share what you've learned.

© 2026 roadless.org - Defending America's Last Wild Forests

Privacy Policy|Questions or concerns? noroads@roadless.org|Follow us: @defendroadless