Comment Analysis · Docket FS-2025-0001

FS-2025-0001-611176

Opposes rescissionA1 strongSubstance 16/24Owed an answerPosted October 7, 2026 On Regulations.gov

In short: The comment establishes that the rescission proposal conflicts with the agency's own data in DEIS Table 21 regarding fire density, fails to quantify specific management burdens not covered by existing exceptions, and improperly certifies no significant impact on small entities by using national averages rather than local data for the Dixie National Forest.

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
    • “birds I watch and the elk I look for depend on unroaded habitat”
    • “bird richness declines with road presence”
    • “elk avoid areas near roads and select habitat away from them”
    • “less wildlife remain”
  • Forest Management Wildfire
    • “risk of vehicle-caused wildfire grow”
    • “human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands”
    • “reconcile the rescission with the ignition data in its own DEIS Table 21”
    • “More roads mean... more fire risk”
  • Water Quality Quantity
    • “Boulder Mountain is the source of the water for the well that serves my home”
    • “1,466 municipal water intakes sit in watersheds containing affected roadless areas”
    • “drawn my water from a well fed by Boulder Mountain”
  • Economic Impact Fiscal
    • “books lost recreation benefit at a minimum of $6.1 million a year”
    • “certifies no significant impact on small entities”
    • “economic stakes for the specific businesses and communities tied to these places are not captured by a national average”
    • “outfitters, guides and tour operators as affected”

What it names

National Forests
Dixie National Forest
Roadless areas
Boulder Mountain
Law cited
36 C.F.R. Section 294.12

The comment

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

Re: Rescission of the Roadless Area Conservation Rule, Docket FS-2025-0001 For 45 years I have owned a home on the Forest Service boundary of the north slope of Boulder Mountain. I know this landscape through decades of hiking, bird watching, and looking for those sneaky elk across the soaring cliffs of Navajo sandstone that mark the terrain. Boulder Mountain is the source of the water for the well that serves my home. I am a voter in Wayne County. I am back at that home constantly, and I will be there again tomorrow, October 7, 2026. I oppose the rescission of the 2001 Roadless Area Conservation Rule and ask the agency to answer each of the points below. Boulder Mountain, Boulder Top, and Deer Lake together make up 110,690 acres in the Dixie National Forest. Over the last half century I have watched more people arrive, less wildlife remain, and the risk of vehicle-caused wildfire grow. More roads mean more noise, more trespass, and more fire risk. That is not a feeling. The agency's own record states it directly: "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." The proposal justifies rescission in part on wildfire and fuels management grounds, and that justification runs straight into the agency's own data. I ask that the agency explain why the proposal departs from its own prior findings on fire occurrence in roadless areas, and that it reconcile the rescission with the ignition data in its own DEIS Table 21, which reports far higher fire density on roaded land than inside the affected roadless areas. The birds I watch and the elk I look for depend on unroaded habitat. The agency's own DEIS cites findings 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. Elk avoid areas near roads and select habitat away from them; the agency's own cited research found elk survival rates rose during a road closure and fell again when the gates were removed. These are not abstract concerns. They describe what I have already watched happen across Boulder Mountain in the time I have known it. The agency must explain on the record how it weighs these documented effects on wildlife against the claimed benefits of rescission. The proposal also rests on the premise that the current rule blocks necessary management. The agency's own language undercuts that premise: the rule "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)." Public health and safety construction is already permitted. Community wildfire protection and existing mineral leases are already addressed. The agency has not identified which specific burdens are not already covered by these exceptions. I ask that it do so, with specificity, and quantify those burdens on the record. The regulatory flexibility analysis accompanying this proposal certifies no significant impact on small entities. That certification cannot stand. "The proposed rule certifies no significant impact on small entities while the DEIS names outfitters, guides and tour operators as affected and its own Cost Benefit Analysis books lost recreation benefit at a minimum of $6.1 million a year." The analysis reaches its no-impact conclusion by spreading the $9 million annual expenditure loss across every small firm in the sector nationally, rather than assessing the outfitters and guides actually holding permits in the affected areas. Utah alone holds 222 inventoried roadless areas totaling 4,013,529 acres, and across the Intermountain region 1,466 municipal water intakes sit in watersheds containing affected roadless areas. The economic stakes for the specific businesses and communities tied to these places are not captured by a national average. The agency should withdraw the certification and assess the impact on the small entities actually operating in the potentially affected roadless areas. Finally, this comment is itself a reliance interest. I have owned my home, drawn my water from a well fed by Boulder Mountain, and made decisions about how and where I live based on the protections the 2001 rule put in place. The agency 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. An agency reversing course must assess what its prior policy created. The agency should identify and weigh the reliance interests described in the comments it receives, including this one. Scott Berry Teasdale, Utah

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