September Newsletter

As we prepare this newsletter, the temperature today in Washington is expected to reach 98 degrees and authorities have declared a "code red" day because of poor air quality.

If there were ever a time to head for the mountains or the beach in order to escape the hot, humid air of our Nation's Capital, it is a day like today.

No one can even blame the Congress for the hot air, because Capitol Hill is quiet since members are back in their districts and states for the traditional August recess. Hopefully, between various town meetings and the like, they will have some time to spend with their families and to recreate on some of our country's wonderful public lands and waterways.

Of great concern to ARRA is the fact that this summer has not been kind to our national forests. Forest fires continue to burn throughout the western part of the United States. Unfortunately, the damage caused by the wildfires goes beyond just plant habitation and wildlife destruction. So far this year, eleven firefighters have lost their lives in the line of duty.

We are focusing so much attention in this newsletter on the issue of forest fires for the simple fact that as more forests burn, less remains available for recreational use by the American public. One forest fire in Arizona was so intense and destructive that authorities say that it will take over 100 years for the area to return to the way it was before the fire. As we have said before, as our urban areas grow in population, Americans seek to relax more and more on our public lands. Protecting those lands from misuse and forest fires is the only way to ensure access for recreational activities.

This fact was brought home to us during a recent conversation we had with a forest supervisor of a major national forest not far from Phoenix, Arizona. The supervisor said that on any given weekend, more than 60,000 to 70,000 people visit the forest from the Phoenix metropolitan area. Providing a safe environment for people is composed of several elements including enforcement, educational outreach for appropriate recreational activities, and stewardship of the forests to prevent the dangerous buildup of combustible materials. All of these elements are necessary if we are to preserve these areas for use by current and future generations.

The forest fires have been particularly intense this year because of the dangerous buildup of dead underbrush in many of our national forests. The U.S. Forest Service along with other Federal and state agencies have attempted to undertake fuel reduction projects in various forests, but have found their hands tied due to lawsuits filed against such projects by the environmental community. A recent GAO study indicated that of the 326 such projects slated for implementation during fiscal years 2001 and 2002, 155 of those projects were held up in litigation. Meanwhile, with increasingly dry weather, the forests become more susceptible to devastating fires.

Forest rangers say that rather than managing forests in order to protect the environment, more and more of their efforts are devoted to management tasks associated with responding to litigation filed under NEPA, the National Environmental Policy Act. The situation has become so severe that earlier this summer six Western Governors wrote to Forest Service Chief Dale Bosworth expressing their frustration that the process of managing our forests "is broken." In their letter to Chief Bosworth, the Governors said, "We spend too much time litigating the finer points of process and not enough time focusing on creating, restoring and maintaining the health of our forests." The Governors cited the drought as a major factor, but also said that they could no longer "ignore the fact that our nation's forests are overgrown and unhealthy."

The destructive path of forest fires is generating some encouraging news. First, many members of Congress are now focusing on the seriousness of this problem. The House Resources Subcommittee on Forests and Forest Health held an oversight hearing on the issue of forest fires and the Federal Government's response to such threats. Congress is likely to appropriate more funds for "fuel reduction projects" and some members have begun to focus on how litigation can harm the health of our forests rather than protect them.

For example, just prior to the August recess, Senate Majority Leader Tom Daschle, D. South Dakota, quietly slipped into the 2002 Emergency Appropriations Bill, H.R. 4775, language that would exempt tree thinning projects in the Black Hills National Forest from appeals and lawsuits. Unfortunately for other national forests, the Daschle language only takes care of the national forest in his state, but we are certain that other Members in the House and the Senate will pursue similar exemptions for other national forests as well.

The Daschle language accurately describes the extreme threat of forest fires and the importance of tree thinning projects for the prevention of such fires. We are reprinting the entire Daschle language for our ARRA members:

"j" PROCESS. - Due to the extraordinary circumstances present here, actions authorized by this section shall proceed immediately and to completion notwithstanding any other provision of law including, but not limited to, NEPA and the National Forest Management Act (16 U.S.C. 1601 et seq.). Such actions shall also not be subject to the notice, comment, and appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 (note), Pub. Law No. 102-381 sec.322). Any action authorized by this Section shall not be subject to judicial review by any court of the United States. Except as provided by this Section the Settlement remains in full force and effect."

Congress returns to Washington after the Labor Day holiday. When you have a moment, please send your Representative and Senators a message that you want more funds appropriated for critically important tree thinning projects so that our national forests can thrive rather than burn. Encourage them to enact legislation that limits unnecessary lawsuits that only delay responsible stewardship of our public lands. Also encourage the appropriation of more Federal funds for the development of additional trails for hiking, biking, OHV and equestrian use on our public lands. Click here for information on how to contact your Members of Congress.

As a society we can do a better job caring for our public lands and waterways. ARRA continually encourages people to recreate on public lands but to do so respectfully and within the guidelines established by Federal agencies for appropriate behavior. Just as important as being a good citizen when it comes to using public lands is the fact that we must empower Federal land managers so they can do a better job of being stewards of these lands. Freeing them from having to spend time in courtrooms responding to time-consuming lawsuits is also an important step in protecting our lands. Senator Daschle had a good idea for the Black Hills National Forest. It's time to broaden this policy to other national forests as well!

Your comments on this and other issues affecting the recreational community are always welcome (comments@responsiblerecreation.policy.net).