Concern Raised Over Length Of Public Comment Periods

National park advocacy groups have expressed concerns over the shifting time periods for public comment on management issues, saying that in the past the public had more time to comment on planning documents.

The concern arises in part over the recent decision by the U.S. Bureau of Land Management to open a seven-day window for comment on plans to withdraw the 20-year moratorium the Biden administration placed on oil and gas leasing around Chaco Culture National Historical Park in New Mexico.

“The Trump administration is trying to undo years of collaborative work in a matter of days,” Rose Rushing, attorney at the Western Environmental Law Center said last week. “The Honoring Chaco process took two-and-a-half years, involved dozens of tribal nations, and included a 120-day public comment period — now the administration wants to reverse all of that through a seven-day online-only scoping window that opened on a Tuesday and closes on a Monday, and includes holy days for several New Mexico communities, including Pueblo feast days.

"We believe this is less of a meaningful public comment process than it is a procedural formality designed to foreclose real public participation," Rushing added.

At the Coalition to Protect America's National Parks, Executive Director Emily Thompson told the Traveler that, "[T]hese week-long comment periods are ridiculous. There's a reason why comment periods should be 30 days or more. The American people have a right to participate in a public process and give considered responses with an appropriate amount of space and time to learn about an issue. 

Emily Douce, the acting vice president for government affairs at the National Parks Conservation Association, agreed.

"Yes, it is concerning. Comment period on reversing the Chaco protections is only seven days," she said. "Thirty-day comment periods were considered short until last year. People have no time to think, organize, or participate in such a short period of time."

Interior Department officials, however, said there actually is more than seven days to comment on the Chaco matter.

“The Bureau of Land Management is preparing an environmental assessment to evaluate the proposed revocation of Public Land Order 7923. As part of that process, the BLM is providing two distinct opportunities for public input," a BLM spokesperson said in an email. "First, a seven-day public scoping period allows the public to help identify the issues, data needs, and alternatives that should be considered as the assessment is developed. Following that, a 14-day public comment period will provide the public the chance to review and comment on the draft assessment itself once it is released.

"For context, withdrawal regulations require a 90-day comment period only for new withdrawal proposals, extensions, or modifications—not for revocations," the email added. "In this case, the department is supplementing the environmental assessment with both the scoping and comment periods described above, and it is also incorporating public and tribal input gathered during the original withdrawal process to ensure previously raised concerns remain part of the decision-making framework.”

In general, the Traveler was told by an Interior spokesperson, the "Department is committed to ensuring the public has meaningful opportunities to provide input while also delivering timely decisions that serve communities and the American people."

"Public engagement does not begin or end with a single comment period. For many of these efforts, including park planning and resource management, input is gathered early and often through stakeholder outreach, tribal consultation, and prior public processes," the DOI spokesperson added. "Comment periods are structured based on the scope and stage of the action. In cases where there has already been substantial engagement or the action is more narrowly focused, shorter comment windows may be appropriate.

"Consistent with Executive Order direction to streamline federal processes, the department is working to reduce unnecessary delays while maintaining full compliance with applicable laws, including [the National Environmental Policy Act] and the Administrative Procedure Act. This approach helps ensure decisions are both informed and timely, rather than delayed by avoidable procedural redundancy."

There is another upcoming public comment period opening later this month when the National Park Service seeks input on crafting a general management plan for Kathadin Woods and Waters National Monument in Maine.

While the news release announcing the project says public comment will be accepted for eight days, from April 29 through May 6, Brian Hinrichs, executive director of the Friends of Kathadin Woods and Waters, told the Traveler that "[T]hat's the period for meetings, online and in person. Comments can be submitted via email through May 29th."