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Missoula County Grills Forest Service, Plum Creek on Road Easement Amendments

Plum Creek and USFS are backing down from their plan to apply a blanket amendment to forest road easements across western Montana that many fear could pave the way for residential development.

By Matthew Frank, 9-30-08

Photo by Emily Haas.

Two items of note came out of Monday’s sometimes-heated conversation among Missoula County Commissioners and officials from Plum Creek Timber Co. and the U.S. Forest Service regarding the contentious cost-share road easement amendment proposal: Montana counties that object to the amendment may be able to opt out, and before the amendment is finalized counties will be able to review the specific easements that will be affected, something that Agriculture Undersecretary and Forest Service overseer Mark Rey had previously refused.

Other than that, the meeting offered “virtually nothing” to further explain the need for, and the implications of, amending the road easements, said an exasperated Fred van Valkenburg, Missoula County Attorney. Instead it became a back-and-forth spoken in Forest Service legalese and hypotheticals about what triggers an environmental review.

The meeting was one of several requested by Plum Creek with Western Montana counties to help it “make a decision whether or not to go forward with or drop (the amendment proposal),” said Plum Creek’s Jerry Sorensen. “If this doesn’t go through or if counties don’t want it we’ll go about our business,” he said.

The proposal was privately negotiated between Plum Creek and the Forest Service to clarify the decades-old easements and ensure Plum Creek access across Forest Service for purposes besides resource extraction, namely to access residences. Residential development has become a big part of Plum Creek’s business as the timber industry flounders from the effects of the housing downturn.

But in April word leaked to local government officials and Sen. Jon Tester and they cried foul, demanding their inclusion in the discussions. Their concerns are many: the costs of firefighting in the wildland-urban interface (already, about a quarter of the Forest Service’s $4 billion annual budget is spent on defending homes from wildfires), the costs of road maintenance and stresses on other public services, and the effects on wildlife habitat in remote woodlands bordering public lands.

Tom Suk, the Forest Service’s rights-of-way and cost-share coordinator, was on the hot seat for much of Monday’s meeting. He explained why the amendment was developed in the first place. What’s happened, he said, is that successors in ownership were not party to the original agreements, and now there are a variety of land uses, not just timber management.

“Well, now we have people that are out there that own the easements, have title to the land, but interpret the language of the easements (differently),” Suk said, adding: “What we were trying to do here was rework the contract to make it clearer and more specific.”

Suk said the agency is also trying to protect the public’s right to use the roads, to which Deputy Missoula County Attorney James McCubbin replied, “Is that what you’re trying to sell us?”

The main question, asked by Van Valkenburg, is whether or not amending a road easement would trigger the National Environmental Policy Act (NEPA) and thus an environmental assessment that would consider the environmental effects of more heavily used forest roads. “It’s a significant federal action,” Van Valkenburg said. “If they would specifically say they would do that it would relieve some of our concerns.”

But according to Suk, that won’t likely happen. “The easement amendment in itself does not require the analysis through NEPA or consultation because it’s not changing anything.” He said an environmental review is necessary when the pattern of use changes. The County believes it should happen now.

On the issue of identifying the specific easements that will be affected by the amendment, Suk said his agency is still working on that list, but that it will be made available to the affected counties. Once Plum Creek and the Forest Service agree on the amendment language it will be six months before it can be finalized, Suk estimated, a longer time frame than was put forth by Mark Rey when he came to Missoula in April. It seemed Rey, a former timber industry lobbyist, hoped to finalize the easement before the end of his term under the Bush Administration.

Richard Johnson of the Government Accountability Office was listening in via teleconference, at Tester’s request. He said they’re looking at the legal issues but haven’t begun a full-blown audit. A letter outlining some legal observations will be sent to Tester’s office soon, he said.

Afterward, Commissioner Jean Curtiss said, “At least we got from them that they aren’t going to do the amendment without the list (of affected easements).” She couldn’t say whether Missoula County would want to opt out of the amendment process.

Plum Creek owns 403,000 acres in Missoula County, Sorensen said, and it and the Forest Service co-own 728 miles of road. 485 miles of road—and 230,000 acres of land—will eventually transfer to the Forest Service, state agencies and conservation buyers as part of the Montana Legacy Project.

With the Legacy Project, “A lot of the issues we’ve had with development in the forest off these roads will be taken care of,” Sorensen said.



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