U.S. Senator Ken Salazar Congressman Mark Udall Congressman John Salazar
For Immediate Release Thursday, October 20, 2005		CONTACTS: Cody Wertz – Sen. Salazar Press Secretary 202-228-3630 Lawrence Pacheco – Cong. Udall Press Secretary 202-225-2161 Nayyera Haq – Cong. Salazar Press Secretary 202 225-4761
Senator & Congressmen Urge USDA to Immediately Reinstate Permitted Uses of Forests In-Light of Court Ruling Washington, D.C. – United States Senator Ken Salazar and Congressmen Mark Udall and John Salazar sent the following letter to Secretary of Agriculture Mike Johanns requesting again that he immediately cancel a directive that prevented permitted uses of our Nation’s National Forests. Senator Salazar sent his second letter seeking cancellation of Forest chief Dale Bosworth’s directive after Judge Singleton clarified his earlier rulings in Earth Island Institute v. Ruthenbeck. Judge Singleton ruled that the Forest Service did not need to suspend all permitted short term (one year or less) actions or special uses of National Forest System lands, such as those for state-licensed outfitters or guides, or approving gathering forest products for personal use. “I applaud Judge Singleton’s order clarifying that the Forest Service does not need to suspend all special uses of National Forest System lands such as Christmas tree and fire wood cutting,” said Senator Salazar. “I think the Forest Service should immediately cancel its directive disallowing permitted uses of our National forests and stop causing unnecessary harm to Coloradans.” “The court's new order makes it clear that the Forest Service went overboard.  Now they need to move quickly to correct an error that has caused problems for the ski areas and so many Coloradans,” said Rep. Mark Udall (D-Eldorado Springs).  Said Congressman Salazar: “The judge made it very clear that the Forest Service misinterpreted the Court’s decision. There is no legitimate reason why families should be prevented from going about the activities they enjoy. Public lands are supposed to be a resource for everyone and I certainly hope the Forest Service seizes this opportunity to work more directly with communities.” The letter is included below: Dear Mr. Secretary: I expect you have received by now a copy of Judge Singleton’s October 19, 2005 order clarifying his earlier rulings in Earth Island Institute v. Ruthenbeck. The court unequivocally states that, “the Forest Service need not suspend actions not contemplated in the old rules, such as ‘[a]pproval, modification, or continuation of minor, short term (one year or less) special uses of National Forest System lands, such as for state-licensed outfitters or guides, or approving gathering forest products for personal use.’” Judge Singleton’s latest ruling removes any doubt about the intended scope of his July 2, 2005 decision. It makes clear that Forest Chief Dale Bosworth was mistaken when he wrote in a September 23 directive that “all categorically excluded projects must be immediately suspended and subjected to notice, comment and appeal.” Mr. Bosworth’s interpretation of the judge’s July 2 decision was plainly overbroad. In light of the court’s October 19 order, I once again request that you rescind immediately Chief Bosworth’s September 23 directive before it causes additional unnecessary harm to the constituents of my state, who hold already-approved permits that are not subject to appeal under the court’s rulings. I urge you to take immediate steps to ensure that permitted uses of the National Forests are allowed to go forward without unnecessary delay. Please advise me in writing of your plans to align your agency’s activities with the district court’s opinion and to allow minor activities to continue in the Nation’s forests. Thank you for your prompt attention to this matter. Sincerely, Ken Salazar Mark Udall United States Senator Member of Congress John Salazar Member of Congress # # #