Comment Analysis · Docket FS-2025-0001

FS-2025-0001-572705

Opposes rescissionA1 strongSubstance 14/24Owed an answerPosted October 6, 2026 On Regulations.gov

In short: The comment establishes that the agency's own records and cost-benefit analyses contradict the proposed rescission by identifying roads as drivers of wildlife mortality and wildfire risk, showing a net economic loss, and citing prior legal and regulatory findings that support the 2001 Roadless 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 Analytical gap, 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
    • “wildlife I look for when I am out, moose and bears and elk”
    • “increased contact and conflict that come with open roads in grizzly habitat”
    • “preserving old-growth winter shelter”
    • “roads as a driver of their mortality and displacement”
  • Recreation Tourism Public Use
    • “Three decades of fishing these places”
    • “I hike across Virginia, North Carolina, Montana and Colorado”
    • “prefer to maintain the pristine nature of that area”
    • “recreation losses of at least $6.1 million a year”
  • Forest Management Wildfire
    • “Building a road into a forest at high risk from uncharacteristic wildfire effects”
    • “human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands”
    • “reconcile this proposal with its own ignition data”
  • Legal Regulatory Framework
    • “Tenth Circuit has already spoken”
    • “found the 2001 rule within the authority Congress granted”
    • “Ninth Circuit reviewed that substitution and found it wanting”
    • “explain its legal basis”

What it names

National Forests
Gallatin National ForestGeorge Washington National Forest
Roadless areas
Lost CoveNorth AbsarokaRamseys Draft AdditionStony MountainUpper East ForkWelcome CreekWilson Creek
Law cited
28 U.S.C. Section 1291

The comment

Shaded passages are the ones the analysis quoted as evidence for a dimension: Specific placeLocal knowledgeAnalytical gapEvidenceRequestLegal

Re: Rescission of the Roadless Area Conservation Rule, Docket FS-2025-0001 Three decades of fishing these places is the floor, not the ceiling. I want them around for the next three hundred decades, and that is why I oppose the rescission of the 2001 Roadless Area Conservation Rule. I hike across Virginia, North Carolina, Montana and Colorado to find the beautiful landscapes of this country. I have fished Ramseys Draft Addition in the George Washington National Forest several times and prefer to maintain the pristine nature of that area. Virginia holds 64 inventoried roadless areas totaling 393,682 acres, and the waters and terrain those areas protect are part of what I go looking for when I go out. In Montana I travel through country that includes the Bob Marshall Wilderness Complex, the North Absaroka area in the Gallatin National Forest, Hoodoo and Welcome Creek and Stony Mountain in the Lolo, the Sapphires and Upper East Fork in the Beaverhead-Deerlodge, and the vast connected landscapes of the Flathead and Lewis and Clark National Forests. In North Carolina the Pisgah holds Lost Cove and Wilson Creek. What I see in all of these places, and what I hope will still be there in generations that are not mine to witness, depends directly on whether this rule survives. The wildlife I look for when I am out, moose and bears and elk among them, are not incidental to this discussion. The agency's own record states that the increased contact and conflict that come with open roads in grizzly habitat can ultimately end in grizzly mortality, and that shooting, habituation and food reward all increase with the use of even secondary unpaved roads. On moose, the agency's Tribal record credits the rule's protection with the recovery of deer and moose populations by preserving old-growth winter shelter, while the draft environmental impact statement separately notes that moose are drawn to road corridors for road salt, which increases human-moose interactions and conflict. These findings are the agency's own. I ask the agency to explain, specifically and on the record, how rescission serves the survival of these animals when its own analysis identifies roads as a driver of their mortality and displacement. On the question of wildfire, which the proposal cites as a reason to rescind the rule, the agency's own record 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." That language is the agency's, not mine. The agency must reconcile this proposal with its own ignition data and explain why it is departing from those prior findings. On economics, the agency's record is equally candid: "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." The agency's own cost-benefit analysis projects timber revenue of $5.2 to $11.4 million a year against recreation losses of at least $6.1 million a year, with a net present value ranging from -$92 million to +$199 million, all of this on top of a $6.9 billion road maintenance backlog the agency already cannot fund. How does an action whose own analysis cannot establish a net benefit justify expanding that road system? On the question of state-by-state approaches replacing the national rule, the agency's own record reflects its earlier rejection of the rule's "inflexible 'one-size-fits-all' nationwide rulemaking approach," a position the record documents at 70 Fed. Reg. at 25,656. The Ninth Circuit reviewed that substitution and found it wanting. The agency should address on the record how this proposal avoids those same deficiencies. On statutory authority, the Tenth Circuit has already spoken. Its own words: "Exercising jurisdiction pursuant to 28 U.S.C. Section 1291, we REVERSE the district court's order granting Plaintiffs declaratory relief and issuing a permanent injunction, and REMAND the case for the district court to vacate the permanent injunction." The court found the 2001 rule within the authority Congress granted under the Organic Act and the Multiple-Use Sustained-Yield Act and held that it did not create de facto wilderness. If the agency now takes a contrary position, it must state that position plainly and explain its legal basis. I oppose this rescission. The places I fish and hike, and the animals I go looking for in them, are worth more than a fraction of a percent of national timber output. The agency's own record makes that case. It should follow it. Leave public lands in public hands. It's uniquely American and deserves to stay that way. Sincerely, Jeff Zillgitt Arlington, VA

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