1998 Legislation
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HOUSE JOINT MEMORIAL NO. 10 – Forest roadless area, policy change

HOUSE JOINT MEMORIAL NO. 10

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HJM010........................................by RESOURCES AND CONSERVATION
FOREST ROADLESS AREAS - Requesting Congress to take appropriate action to
invalidate the proposed policy change of the United States Forest Service
to halt all road construction in roadless areas of national forests and to
do all within its statutory authority to deny funding for the
implementation of the proposed policy change which circumvents public
participation requirements of the National Environmental Policy Act and the
National Forest Management Act.

02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Con
02/20    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/26    3rd rdg - ADOPTED - voice vote - to Senate
02/27    Senate intro - 1st rdg - to Res/Env
03/19    Rpt out - rec d/p - to 10th Ord
03/20    10th ord - ADOPTED, voice vote
    Title apvd - to House
03/23    To enrol - rpt enrol - Sp signed
    Pres signed - to Secretary of State

Bill Text


HJM010


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                               HOUSE JOINT MEMORIAL NO. 10

                         BY RESOURCES AND CONSERVATION COMMITTEE

 1                                   A JOINT MEMORIAL
 2    TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED  STATES  IN  CONGRESS
 3        ASSEMBLED,  AND  TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
 4        IDAHO IN THE CONGRESS OF THE UNITED STATES.
 5
 6        We, your Memorialists, the House of Representatives and the Senate of  the
 7    State  of  Idaho  assembled  in the Second Regular Session of the Fifty-fourth
 8    Idaho Legislature, do hereby respectfully represent that:

 9        WHEREAS, on January 22, 1998, U.S. Forest Service  chief  Michael  Dombeck
10    proposed  a  major overhaul of the forest road system, including a proposal to
11    halt all road construction in roadless areas of national forests; and
12        WHEREAS, forests occupy some 3/4 billion acres, or 1/3 of the land area of
13    the United States and the change would effectively create the largest de facto
14    wilderness bill in history which would close public access to in excess of 47%
15    of the national forest land base outside established wilderness,  as  well  as
16    limit access to wilderness; and
17        WHEREAS, this proposed policy change will result in an eighteen-month mor-
18    atorium on road building within roadless areas currently defined as areas over
19    5,000  acres,  roadless  areas  identified and inventoried within their forest
20    plans, roadless areas over 1,000 acres that are  adjacent  to  other  roadless
21    areas of 5,000 acres or larger which are congressionally designated wilderness
22    or  "wild  river" corridors, roadless or very low density areas designated for
23    inclusion by regional foresters because of their unique ecological  or  social
24    values, and decommissioning of "unneeded" existing roads; and
25        WHEREAS,  a  moratorium by administrative fiat circumvents the public par-
26    ticipation and environmental documentation requirements of the National  Envi-
27    ronmental  Policy  Act  and the National Forest Management Act, as well as the
28    Congress of the United States; and
29        WHEREAS, Idaho Code sections 40-107  and  40-204A  define  "federal  lands
30    rights-of-way"  within  the  context  of  Revised Statute 2477, codified as 43
31    United States Code 932, and Idaho House Joint Memorial No. 6 of  1993  affirms
32    Idaho's interest in maintaining Revised Statute 2477 authorization and grants,
33    in  rights-of-way  access  to unreserved, or formerly unreserved public lands;
34    and
35        WHEREAS, as counties are entitled to receive 25% of receipts from national
36    forest lands, the new policy has the potential  of  eliminating  $100  million
37    dollars in desperately needed moneys for local schools; and
38        WHEREAS,  the  administration  has only evaluated the devastating economic
39    effect on timber harvest and is ignoring the negative impact on mining,  graz-
40    ing, commercial and private recreationists and local economies; and
41        WHEREAS,  unemployment  rates could rise up to 33% in 7 western states and
42    in some eastern and southern states; and
43        WHEREAS, forest roads are an integral part of maintaining  forest  health,
44    as  well  as  an  integral part of a socioeconomic base that would shortchange
45    rural counties of millions in revenue for having federal forests within  their


                                          2

 1    boundaries; and
 2        WHEREAS, a road moratorium would preempt all state and local laws and reg-
 3    ulations.
 4        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 5    sion of the Fifty-fourth Idaho Legislature, the House of  Representatives  and
 6    the Senate concurring therein, that the Congress of the United States is urged
 7    to  recognize  state  and  county rights-of-way under Revised Statute 2477 and
 8    take appropriate action to invalidate the proposed policy  change  for  forest
 9    roadless areas; and
10        BE  IT FURTHER RESOLVED that the Congress of the United States is urged to
11    do all within its statutory authority to deny funding for  the  implementation
12    of the proposed policy change by administrative fiat.
13        BE  IT  FURTHER  RESOLVED that the Chief Clerk of the House of Representa-
14    tives be, and she is hereby authorized and directed to forward a copy of  this
15    Memorial  to the Honorable William Clinton, President of the United States, to
16    the Honorable  Dan  Glickman,  Secretary  of  Agriculture,  to  Chief  Michael
17    Dombeck,  United States Forest Service, to the President of the Senate and the
18    Speaker of the House of Representatives of Congress,  the congressional  dele-
19    gation  representing  the State of Idaho in the Congress of the United States,
20    and to the Honorable Phil Batt, Governor of the State of Idaho.

Statement of Purpose / Fiscal Impact


    





                            STATEMENT OF PURPOSE
    
                                  RS 07958
    
    Requests the Congress of the United States to recognize 
    state and county rights-of-way under Idaho Revised Statute 
    2477. Requests the Congress of the United States to take 
    appropriate action to invalidate the United States Forest 
    Service Advanced Notice of Proposed Rulemaking relative to the 
    roadless Areas of national forests, and to deny funding for the 
    implementation of the proposed policy change initiated by 
    administrative fiat.
    
                                FISCAL NOTE
    
    There is no fiscal impact to the General Fund
    
    CONTACT: Representative Michael Simpson
             Representative Lenore Hardy Barrett
             Representative JoAn Wood
             332-1000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    HJM10