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Monday February 5 4:52 PM ET
Rule to Ban Road Development in Forests Hits Snag

By Christopher Doering

WASHINGTON (Reuters) - The Bush administration has delayed until May 12 a
plan by former President Clinton (news - web sites) to ban road construction
and timber harvesting on nearly 60 million acres of forest land, the
government said on Monday.

The new regulations are among several that were put on hold by President
George W. Bush (news - web sites) immediately after he was inaugurated on
January 20. The announcement of the decision appeared in Monday's Federal
Register, the government's official log.

The roadless rule along with other delayed regulations is undergoing a 60-day
review by Bush administration officials.

The ban, approved by Clinton two weeks before he left office, would restrict
road construction and the removal of oil and lumber in 58.5 million acres
(23.67 million hectares) of forest land, unless it was necessary for
environmental reasons or to reduce the risk of wildfires.

``Currently, the department is reviewing a number of regulations in
accordance of the guidelines set forth on January 20 with the temporary
60-day delay,'' said Kevin Herglotz, a spokesman for the U.S. Agriculture
Department.

``No decisions have been made yet on'' the roadless rules plan, he said.

The final roadless plan was issued by the Forest Service, which is part of
the USDA, in January.

The former Texas governor and other Republicans have lobbied to open land
such as the Alaska's Tongass National Forest, which would be protected as
part of the roadless rule.

Still, it is unlikely Bush will have much success in overturning the roadless
ban because it is already a rule of law. Regulations become law once they are
printed in the Federal Register.

Environmental groups say the road ban is needed to protect unspoiled forest
and animal habitat from ``irreversible damage.''

Some groups are worried that Republican lawmakers such as Sen. Larry Craig
(news - bio - voting record) of Ohio or Sen. Frank Murkowski (news - bio -
voting record) of Alaska could find alternate ways to derail the roadless
rule.

Murkowski, who heads the Senate Energy Committee, predicted in January the
roadless ban would be challenged in court or reviewed by Congress because of
alleged violations committed during the rulemaking process, such as improper
notice of public sessions.

One option is through the Small Business Regulatory Enforcement Fairness Act
of 1996. The act, which has never been used, allows for a regulation to be
voted on by Congress if its impact on the economy exceeds $100 million per
year. If both the House and Senate were to vote against the roadless act, the
president could then kill the regulation, according to environmental groups.

This is a move by ``the Bush administration and the timber industry's allies
in Congress to give themselves time to develop a strategy on how they are
going to stop wild forest protection,'' said Sean Cosgrove, a forest policy
specialist with the Sierra Club (news - web sites).

``It would be foolish to attack (the plan) and take it apart. I don't think
they want the fight,'' he said.

The plan, first orchestrated by Forest Service in February 1999, received
some 1.7 million letters and faxes from the public, the largest outpouring of
comments on a federal environmental measure.




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