USDA Proposing to Rescind Roadless Rule Impacting Tribal Resources on National Forest Lands

09/24/2025

Washington, D.C. – The U.S. Department of Agriculture (USDA) is proposing to rescind the 2001 Roadless Area Conservation Rule (Roadless Rule), which prohibits road construction, road reconstruction, and timber harvesting in roadless areas within 44.7 million acres of National Forest System lands.  These U.S. Forest Service-managed lands include Tribal ancestral lands as well as natural and cultural resources that are maintained and accessed by Tribes for harvesting or used for ceremonies.  Some of these lands are also within Indian reservation boundaries.

The USDA posted its Notice of Intent to prepare an Environmental Impact Statement (EIS) on the rescission of the Roadless Rule on August 29, 2025.  The comment period closed 21 days later on September 19, 2025.  The proposed action published in the Federal Register is available here and a summary of the proposed action is available here.

The U.S. Forest Service announced in July 2025 that the Roadless Rule recission would include Tribal Consultation.  There does not appear to be any record of Tribal Consultation.  Instead, the U.S. Forest Service is requiring Tribes to contact USDA to initiate Tribal Consultation.

The USDA Tribal Consultation Policy is included in USDA Departmental Regulation, DR 1350-002, and requires USDA to follow two critical steps:

1. Consultation Must Be Early: The USDA must consult with Tribal officials “early in the process” of developing the proposed regulation or policy.  DR 2350-002, 5.  This ensures that Tribal concerns shape the outcome, rather than merely reacting to a finalized plan, and 

2. Impact Must Be Documented: The USDA must include a “Tribal summary impact statement” in the Federal Register. This statement must explicitly detail the prior consultation, summarize Tribal concerns, and formally state the extent to which the agency has met those concerns.

Indian tribes can submit written comments and seek Tribal Consultation by contacting:

• Brad Kinder, Acting Director: bradley.kinder@usda.gov

• National Office of Tribal Relations: SM.FS.otrtribalcon@usda.gov.

The USDA also states that the National Office of Tribal Relations will coordinate consultation requests by email at SM.FS.otrtribalcon@usda.gov.

Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.  To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.