Road ban has new loophole

Gov. Mike Leavitt has never been a fan of the Clinton administration's so-called roadless rule that bans road building in 4 million acres of national forests in Utah.

But now the Bush administration is giving states a way out, and Leavitt isn't saying what he plans to do. At least not yet. But he expressed his dislike for the rule.

"We will review the policy and respond," Leavitt told the Deseret Morning News Tuesday. "I had a lot of problems with Clinton's roadless rule."

The Bush administration announced Monday that although it has decided to reinstate the roadless rule that bans road building in 58.5 million acres of national forests, it would allow governors to seek exemptions from the rule. The proposal will likely undergo a public comment review, in which Utah will participate.

"That's likely to be our next move," added Leavitt's spokeswoman Natalie Gochnour. "The governor welcomes the flexibility and has always felt the states deserved a place at the table and need to be involved in the process."

Environmentalists are outraged, calling the proposal "illegal" and "unconstitutional" as it attempts to cede federal control of public lands to the states.

"National forests are managed by the federal government. The states have no authority," said Denise Boggs, executive director of Utah Environmental Congress. "We aren't going to stand for it."

Other critics charged the move is simply to win favor with Western Republican governors who have long opposed the roadless rule. .

"The administration's clear objective here is to mask their intention to log and drill in roadless areas of our national forests until after the 2004 election," said Philip E. Clapp, president of the National Environmental Trust, an advocacy group that supports the roadless rule.

Several states, including Utah and Idaho, have challenged the rule in court. But a federal appeals court upheld the rule in December.

Yet many Western governors, Clapp predicted, "will undoubtedly petition to exempt roadless areas in their states from protection."

The Bush administration defends its position.

Agriculture Undersecretary Mark Rey said the proposed change would allow states to play a greater role in land-use decisions that affect them.

The roadless rule "is the law of the land," Rey said , "but we will leave it up to the governors to see where on a limited basis relief might be appropriate."

Boggs disagrees.

"This is not letting the rule stand, this is gutting the rule for all practicality."

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Contributing: The Associated Press

E-mail: donna@desnews.com