Comment Analysis · Docket FS-2025-0001

FS-2025-0001-595102

Opposes rescissionA2 moderateSubstance 13/24Owed an answerPosted October 6, 2026 On Regulations.gov

In short: The comment documents that the agency's draft EIS and Cost Benefit Analysis contain internal contradictions regarding wildfire risks, economic net benefits, and small business impacts, and requests that the agency reconcile these findings, withdraw its regulatory flexibility certification, and weigh reliance interests before rescinding 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

A2 moderate: Hard to dismiss — it shows cause and effect.

Owed an answer on Analytical gap, Evidence.

Standard dismissals it defeats

  • 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.

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.
  • 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.
  • 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.
  • 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.

Topics

  • Recreation Tourism Public Use
    • “put that experience, and the land that makes it possible, at serious risk”
    • “Additional roads in this area would interrupt the beauty and flow of the trail”
    • “recreation losses of at least $6.1 million a year”
    • “outfitters, guides and tour operators as affected”
  • Forest Management Wildfire
    • “undercuts the wildfire rationale offered for this rescission”
    • “human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands”
    • “reconcile the rescission with the ignition data in DEIS Table 21”
    • “far higher fire density on roaded land than inside the affected roadless areas”
  • Wildlife Habitat
    • “Bear habitat in these forests also carries documented sensitivity”
    • “increased contact and conflict from open roads can ultimately end in grizzly mortality”
    • “shooting, habituation and food reward all increase with the use of even secondary unpaved roads”
  • Economic Impact Fiscal
    • “The economic case for rescission is no stronger”
    • “net present value ranging from negative $92 million to positive $199 million”
    • “Forest Service road system already carries a $6.9 billion maintenance backlog”
    • “action whose own Cost Benefit Analysis cannot establish a net benefit”

What it names

National Forests
Black Hills National Forest
Roadless areas
Beaver ParkRocky Mountain
Works cited
U 1993

The comment

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

Re: Rescission of the Roadless Area Conservation Rule, Docket FS-2025-0001 The Bulldog section of the Centennial Trail is a fan favorite, and I know why: despite sitting inside a roadless area, it is easily accessible, and the descent after a hard-earned climb up is a ton of fun to ride down. I ride the Centennial Trail frequently, and I am writing because the proposed rescission of the 2001 Roadless Area Conservation Rule would put that experience, and the land that makes it possible, at serious risk. Beaver Park, a 5,010-acre inventoried roadless area in the Black Hills National Forest, is the kind of place that earns its reputation quietly. Runners, hikers, and equestrian users all share this section of the Centennial Trail alongside mountain bikers. The views of Bear Butte are unbeatable, the fall colors are striking, and the peace the place carries is not incidental, it is the point. Additional roads in this area would interrupt the beauty and flow of the trail. That is not a small loss. Once a road goes in, the solitude and the natural rhythm of the landscape do not come back. The agency's own draft environmental impact statement undercuts the wildfire rationale offered for this rescission. The 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." I ask that the agency explain why this proposal departs from those findings and reconcile the rescission with the ignition data in DEIS Table 21, which reports far higher fire density on roaded land than inside the affected roadless areas. The economic case for rescission is no stronger. The agency's own record acknowledges that "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, the agency's own Cost Benefit Analysis projects $5.2 to $11.4 million a year in timber revenue to the Forest Service, set against recreation losses of at least $6.1 million a year and a net present value ranging from negative $92 million to positive $199 million. The Forest Service road system already carries a $6.9 billion maintenance backlog. I ask that the agency explain on the record how an action whose own Cost Benefit Analysis cannot establish a net benefit justifies expanding that system further. South Dakota holds 8 inventoried roadless areas totaling 79,597 acres, and across the Rocky Mountain region, which includes South Dakota, 325 municipal water intakes sit in watersheds containing affected roadless areas. Bear habitat in these forests also carries documented sensitivity: the agency's record draws on the federal grizzly bear recovery plan to note that increased contact and conflict from open roads can ultimately end in grizzly mortality, and that shooting, habituation and food reward all increase with the use of even secondary unpaved roads. These are the agency's own findings, and they deserve weight here. The regulatory flexibility analysis fails the small businesses actually working in these areas. The agency certifies no significant impact on small entities even while its own DEIS names outfitters, guides and tour operators as affected, and its Cost Benefit Analysis books lost recreation benefit at a minimum of $6.1 million a year. That certification was reached by spreading expenditure losses across every small firm in the sector nationally rather than examining the outfitters and guides actually holding permits in the potentially affected roadless areas. The agency should withdraw the certification and assess the impact on those specific businesses, not a national average that dilutes the real harm. Finally, this comment is itself a reliance interest. The proposal solicits "any reliance interests in the current rule that could be affected by this proposal" (91 FR 53830-31), and the Cost Benefit Analysis weighs none. Under established administrative law, an agency reversing course must account for the reliance its prior policy created. People who chose trails, planned trips, and built their outdoor lives around land protected by the Roadless Rule have done exactly that. I ask that the agency identify and weigh the reliance interests described in the comments it receives, including this one, before proceeding further. Sincerely, Brittany Neiles Rapid City, SD

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