36 C.F.R. § 294.14

Petition contents

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(a) Any petition made pursuant to § 294.12 shall provide the following:

(1) The location and description of the particular lands for which the petition is being made, including maps and other appropriate resources in sufficient detail to enable consideration of the petition;

(2) The particular management requirements recommended for the lands and any exceptions;

(3) The identification of the circumstances and needs intended to be addressed by the petition, including conserving roadless area values and characteristics; protecting human health and safety; reducing hazardous fuels and restoring essential wildlife habitats; maintaining existing facilities such as dams, or providing reasonable access to public and private property or public and privately owned facilities; and technical corrections to existing maps such as boundary adjustments to remove existing roaded areas;

(4) A description of how the recommended management requirements identified in paragraph (a)(2) of this section differ from existing applicable land management plan(s) or policies related to inventoried roadless area management, and how they would comply with applicable laws and regulations;

(5) A description of how the recommended management requirements identified in paragraph (a)(2) of this section compare to existing State or local land conservation policies and direction set forth in any applicable State or local land and resource management plan(s);

(6) A description of how the recommended management requirements identified in paragraph (a)(2) of this section would affect the fish and wildlife that utilize the particular lands in question and their habitat;

(7) A description of any public involvement efforts undertaken by the petitioner during development of the petition, including efforts to engage Tribal and local governments, and persons with expertise in fish and wildlife biology, fish and wildlife management, forest management, outdoor recreation, and other important disciplines; and

(8) A commitment by the petitioner to participate as a cooperating agency in any environmental analysis for a rulemaking process.

(b) The petition contents described in paragraphs (a)(1) through (a)(8) of this section constitute an information collection requirement as defined by 5 CFR part 1320 and have been assigned Office of Management and Budget control number 0596-0178.

Notes of Decisions

Cited in 6 cases, 2004–2016 · leading case: Organized Vill. of Kake v. United States Dep't of Agric., 795 F.3d 956 (9th Cir. 2015).

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Organized Vill. of Kake v. United States Dep't of Agric., 795 F.3d 956 (9th Cir. 2015). · cites it 4× “30, 2003) (to be codified at 36 C.F.R. § 294.14 ). The 2003 ROD expressly found that “the overall decisionmaking picture” was not “substantially different” from when the 2001 ROD was promulgated, id.”

Ark Initiative v. Thomas Tidwell, 816 F.3d 119 (D.C. Cir. 2016). “48 (a), or the 2001 Roadless Rule, see 36 C.F.R. § 294.14 (a), invalidated by 70 Fed.”

Utah Env't Cong. v. Bosworth Ex Rel. Forest Serv., 372 F.3d 1219 (10th Cir. 2004). “See 36 C.F.R. § 294.14 (c) (stating new rules do “not revoke, suspend, or modify any project or activity decision made prior to January 12, 2001”).”

Organized Vill. of Kake v. United States Dep't of Agric., 776 F. Supp. 2d 960 (D. Alaska 2011). “CONCLUSION For the reasons set out above, plaintiffs’ motion for summary judgment at docket 42 is GRANTED insofar as it seeks to vacate the Tongass Exemption and reinstate the Roadless Rule’s application to the Tongass, and is DENIED without prejudice insofar as it seeks an…”

Hogback Basin Pres. Ass'n v. United States Forest Serv., 577 F. Supp. 2d 1139 (W.D. Wash. 2008). · cites it 2× “” 36 C.F.R. § 294.14 (b) (2001). Nor does it “revoke, suspend, or modify any project or activity decision made prior to January 12, 2001.”

State of Alaska v. United States Dep't of Agric., 932 F. Supp. 2d 30 (D.D.C. 2013). “Pursuant to the settlement agreement, the USDA initiated a rulemaking process culminating in the adoption of an interim rule, 36 C.F.R. § 294.14 (d), exempting Alaska’s Tongass National Forest from the Road-less Rule (“Tongass Exemption”).”

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