Misplaced Pages

National Forest Management Act of 1976

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The National Forest Management Act (NFMA) of 1976 (P.L. 94-588) is a United States federal law that is the primary statute governing the administration of national forests and was an amendment to the Forest and Rangeland Renewable Resources Planning Act of 1974 , which called for the management of renewable resources on national forest lands. The law was a response to lawsuits involving various practices in the national forest, including timber harvesting., Zieske v Butz was the lawsuit brought by members of the Pt Baker Association on Prince of Wales Island against the US Forest Service's first environmental impact statement . The suit halted logging on the NW tip of the island which consisted of 400,000 acres and resulted in a call by the timber industry for Congressional action to undo the lawsuit. Representative Foley noted on the floor that six other suits were blocking logging with holdings similar to Zieske v Butz.

#60939

85-510: The main objectives of NFMA are to require the U.S. Forest Service to develop plans for national forests, set standards for timber sales, and create policies to regulate timber harvesting. The purpose of these objectives is to protect national forests from permanent damages from excessive logging and clear cutting. Congress requires the Forest Service, in conjunction with other applicable agencies, to thoroughly assess, research, and plan for

170-402: A U.S. Forest Service firefighter who (along with his crew) watches over a group of rambunctious children while searching for their parents after rescuing them from a fire in the wilderness during a family vacation. The history of the Forest Service has been fraught with controversy, as various interests and national values have grappled with the appropriate management of the many resources within

255-530: A decrease of $ 530 million from the 2019 Annualized Continuing Resolution because the "fire fix" cap adjustment becomes available in FY 2020, while the FY 2019 Annualized Continuing Resolution includes $ 500 million above the base as bridge to the first year of the fire fix. The Forest Service, headquartered in Washington, D.C., has 27,062 permanent, full-time employees as of Sept. 20, 2018, including 541 in

340-587: A fourth branch of government for which there is no sanction in the Constitution ." In 1939, Roosevelt requested for Attorney General Frank Murphy to form a committee to investigate practices and procedures in American administrative law and suggest improvements. That committee's report, the Final Report of Attorney General's Committee on Administrative Procedure , contained detailed information about

425-671: A key role in formulating policy and coordinating U.S. support for the protection and sound management of the world's forest resources. It works closely with other agencies such as USAID , the State Department , and the Environmental Protection Agency , as well as with nonprofit development organizations, wildlife organizations, universities, and international assistance organizations. The Forest Service's international work serves to link people and communities striving to protect and manage forests throughout

510-427: A new rule is formulated, the procedures from the 1982 rule are still applicable to forest plans. 2005 – The 2005 Planning Rule was published. 2008 – The 2008 Planning Rule and an EIS on the rule was published. 2009 – The 2008 Planning Rule was overturned by the U.S. District Court for Northern California. The Forest Service was to return to the 2000 rule while new rules are formulated. 2012 – The 2012 Planning Rule

595-754: A range of biological, physical, and social science fields to promote sustainable management of United States' diverse forests and rangelands. Research employs about 550 scientists and several hundred technical and support staff, located at 67 sites throughout the United States and in Puerto Rico . Discovery and technology development and transfer is carried out through seven research stations. Research focuses on informing policy and land management decisions and includes addressing invasive insects, degraded river ecosystems , or sustainable ways to harvest forest products. The researchers work independently and with

680-680: A range of partners (formerly through a National Partnership Office ), including other agencies, academia, nonprofit groups, and industry. The information and technology produced through basic and applied science programs is available to the public for its benefit and use. In addition to the Research Stations, the USFS R&;D branch also leads several National Centers such as the National Genomics Center for Wildlife and Fish Conservation . The Forest Service plays

765-599: A reasonable explanation for its decision based on the information that it had at the time. By virtue of their constitutional role, U.S. presidents can try to influence specific regulatory proposals before their finalization. Within the Executive Office of the President is the Office of Information and Regulatory Affairs (OIRA), a federal subagency led by a presidential appointee that is widely viewed as working on

850-485: A record of proceedings and a final decision, it may be subject to judicial review . As for rulemaking resulting in agency rules and regulations, the Final Report noted that many agencies provided due process through hearings and investigations, but there was still a need for well-defined uniform standards for agency adjudication and rulemaking procedures. The APA requires that to set aside agency actions that are not subject to formal trial-like procedures (i.e. rulemaking),

935-635: A regular and recurring presence on a vast amount of public lands, roads, and recreation sites. The primary focus of their jobs is the protection of natural resources, protection of Forest Service employees and the protection of visitors. To cover the vast and varied terrain under their jurisdiction, they use modified 4x4 pickup trucks, Ford Crown Victoria Police Interceptors , special service SUVs , horses, K-9 units , helicopters, snowmobiles , dirt bikes, and boats. Special Agents are criminal investigators who plan and conduct investigations concerning possible violations of criminal and administrative provisions of

SECTION 10

#1732794371061

1020-469: A short history of how agency responsibilities have grown and evolved over its 118-year history in accordance with "what the American people desire from their natural resources at any given point in time." In the spring of 2023, the USDA proposed a change to its regulations to allow for the "responsible deployment of" carbon capture, utilization, and sequestration on National Forests lands. Although part of

1105-641: A staff of 10 to 300 people under the direction of a district ranger, a line officer who reports to a forest supervisor. The districts vary in size from 50,000 acres (200 km ) to more than 1 million acres (4,000 km ). Most on-the-ground activities occur on ranger districts, including trail construction and maintenance, operation of campgrounds, oversight of a wide variety of special use permitted activities, and management of vegetation and wildlife habitat. U.S. Forest Service Law Enforcement & Investigations (LEI), headquartered in Washington, D.C. ,

1190-724: Is a federal law enforcement agency of the U.S. government. It is responsible for enforcement of federal laws and regulations governing national forest lands and resources. All law enforcement officers and special agents receive their training through Federal Law Enforcement Training Center (FLETC). Operations are divided into two major functional areas: Uniformed Law Enforcement Officers (LEOs) enforce federal laws and regulations governing national forest lands and resources. LEOs also enforce some or all state laws on National Forest Lands. As part of that mission, LEOs carry firearms, defensive equipment, make arrests, execute search warrants , complete reports, and testify in court. They establish

1275-540: Is also limited. The Final Report organized federal administrative action into two parts: adjudication and rulemaking . Agency adjudication was broken down further into two distinct phases of formal and informal adjudication. Formal adjudication involve a trial -like hearing with witness testimony, a written record, and a final decision. Under informal adjudication, agency decisions are made without these formal procedures, instead using "inspections, conferences and negotiations." Because formal adjudication produces

1360-527: Is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations , and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law , and serves as a sort of "constitution" for U.S. administrative law. The APA applies to both

1445-646: The Democratic Congress enacted several statutes that created new federal agencies as part of the New Deal legislative plan, established to guide the United States through the social and economic hardship caused by the Great Depression . However, the Congress became concerned about the expanding powers that these autonomous federal agencies now possessed, resulting in the enactment of

1530-530: The Federal Emergency Management Agency (FEMA), contributed considerable resources to the creation of FORPLAN (a linear programming model used to estimate the land management resource outputs) and IMPLAN to estimate the economic effects of these outputs on local communities. At the time NFMA was written, there were conflicting interests in regards to proper forest management. The major player of national forest management at

1615-709: The Interstate Commerce Commission in 1887 in response to widespread criticism of the railroad industry. From 1900 to 1930, seventeen agencies were created by statute, and eighteen more had been created since. The Final Report made several recommendations about standardizing administrative procedures, but Congress delayed action as the US entered World War II. In 2005, the House Judiciary Committee undertook an Administrative Law, Process and Procedure Project to consider changes to

1700-879: The Multiple Use – Sustained Yield Act of 1960 , P.L. 86-517; the Wilderness Act , P.L. 88-577; the National Forest Management Act , P.L. 94-588; the National Environmental Policy Act , P.L. 91–190; the Cooperative Forestry Assistance Act , P.L. 95-313; and the Forest and Rangelands Renewable Resources Planning Act , P.L. 95-307. From the early 1900s to the present, there has been a fierce rivalry over control of forests between

1785-608: The National Park Service , the Fish and Wildlife Service , and the Bureau of Land Management . GAO ultimately did not offer a recommendation upon the conclusion of its performance audit . The Forest Service remains a part of the USDA. As of 2019, FY 2020 Forest Service total budget authority is $ 5.14 billion, a decrease of $ 815 million from 2019. The budget includes $ 2.4 billion for Wildland Fire Management,

SECTION 20

#1732794371061

1870-663: The Tongass National Forest in Alaska and ski areas such as Alta, Utah in the Wasatch-Cache National Forest . In addition, the Forest Service is responsible for managing National Grasslands in the midwest. Furthermore, areas designated as wilderness by acts of Congress , prohibit logging, mining, road and building construction and land leases for purposes of farming and or livestock grazing. Since 1978, several Presidents have directed

1955-701: The United States General Land Office were combined to create the Bureau of Land Management in 1946. Also of note was that it was not until 1976 that the Federal Land Policy and Management Act became the national policy for retaining public land for federal ownership. Significant federal legislation affecting the Forest Service includes the Weeks Act of 1911, the Taylor Grazing Act of 1934 , P.L. 73-482;

2040-555: The federal executive departments and the independent agencies . U.S. Senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code , beginning at Section 500. There is a similar Model State Administrative Procedure Act (Model State APA), which

2125-551: The "viability regulation." The viability regulation required that habitat of fish and wildlife are managed to hold a healthy population of native species and some "desired" non-native species. Indicator species were chosen for monitoring to ensure habitat conditions are stable. The Northern Spotted Owl was designated an indicator species in the old growth forests in the Pacific Northwest. In this region, environmental preservation efforts were thoroughly involved throughout

2210-474: The 10-year period of "painstaking and detailed study and drafting" that went into the APA. Because of rapid growth in the administrative regulation of private conduct, Roosevelt ordered several studies of administrative methods and conduct during the early part of his four-term presidency. Based on one study, Roosevelt commented that the practice of creating administrative agencies with the authority to perform both legislative and judicial work "threatens to develop

2295-399: The 195 million acres (790,000 km ) of public land administered by the Forest Service. Individual sites range from 47 to 22,500 ha in size. Operations of Experimental Forests and Ranges are directed by local research teams for the individual sites, by Research Stations for the regions in which they are located, and at the level of the Forest Service. Major themes in research at

2380-552: The APA creates a framework for regulating agencies and their roles. According to the Attorney General's Manual on the Administrative Procedure Act , drafted after the 1946 enactment of the APA, the basic purposes of the APA are the following: The APA's provisions apply to many federal governmental institutions and agencies. The APA in 5 U.S.C. 551(1) defines an "agency" as "each authority of

2465-609: The APA to regulate, standardize and oversee these federal agencies. The APA was born in a contentious political environment. Professor George Shepard claims that Roosevelt's opponents and supporters fought over passage of the APA "in a pitched political battle for the life of the New Deal" itself. Shepard notes, however, that a legislative balance was struck with the APA, expressing "the nation's decision to permit extensive government, but to avoid dictatorship and central planning ." A 1946 House of Representatives report discusses

2550-459: The Administrative Procedure Act. Although each US government agency is constituted within one branch of the government (judicial, legislative, or executive), an agency's authority often extends into the functions of other branches. Without careful regulation, that can lead to unchecked authority in a particular area of government, violating the separation of powers , a concern that Roosevelt himself acknowledged. To provide constitutional safeguards,

2635-638: The Alaska District Court held that the US Forest Service's plan for Prince of Wales Island was arbitrary and capricious for rejecting 100 foot buffer strips on both sides of salmon streams when clearcutting. Seattle Audubon Society v. Evans Under statute 16 U.S.C. 1604(h) of NFMA, the Forest Service is required to develop plans with independent scientists that considers biodiversity. The regulation required that planning "provide for diversity of plant and animal communities based on

National Forest Management Act of 1976 - Misplaced Pages Continue

2720-491: The Chief. Research stations include Northern, Pacific Northwest, Pacific Southwest, Rocky Mountain , and Southern . There are 92 research work units located at 67 sites throughout the United States. there are 80 Experimental Forests and Ranges that have been established progressively since 1908; many sites are more than 50 years old. The system provides places for long-term science and management studies in major vegetation types of

2805-630: The Department of Agriculture and the Department of the Interior. Their roles overlap but numerous proposals to combine the two have failed. Most recently, in 2009, the Government Accountability Office (GAO) evaluated whether the Forest Service should be moved from the Department of Agriculture to the Department of the Interior, which already manages some 438 million acres (1,770,000 km ) of public land through

2890-478: The Department of Agriculture, the Forest Service receives its budget through the Subcommittee on Appropriations—Interior, Environment, and Related Agencies. The Forest Service achieved widespread awareness during the 1960s, as it became the setting for the long running classic TV show Lassie , with storylines focusing on Lassie's adventures with various forest rangers. The iconic collie's association with

2975-486: The Experimental Forests and Ranges includes: develop of systems for managing and restoring forests, range lands, and watersheds; investigate the workings of forest and stream ecosystems; characterize plant and animal communities; observe and interpret long-term environmental change and many other themes. There are nine regions in the Forest Service; numbered 1 through 10 (Region 7 was eliminated in 1965 when

3060-478: The Forest Service adapt current policies and develop new policies and actions to conserve and manage the national forests and grasslands for climate resilience, so that the Agency can provide for ecological integrity and support social and economic sustainability over time?" Ancillary questions pertained to both "adaptation planning" and "adaptation practices". The background section of the proposed rulemaking includes

3145-700: The Forest Service and other statutes under the United States Code . Special agents are normally plainclothes officers who carry concealed firearms, and other defensive equipment, make arrests, carry out complex criminal investigations, present cases for prosecution to U.S. Attorneys , and prepare investigative reports. All field agents are required to travel a great deal and usually maintain a case load of ten to fifteen ongoing criminal investigations at one time. Criminal investigators occasionally conduct internal and civil claim investigations. The 193 million acres (780,000 km ) of public land that are managed as national forests and grasslands are collectively known as

3230-446: The Forest Service balances resource extraction, resource protection, and providing recreation. The work includes managing 193 million acres (780,000 km ) of national forest and grasslands, including 59 million acres (240,000 km ) of roadless areas ; 14,077 recreation sites; 143,346 miles (230,693 km) of trails; 374,883 miles (603,316 km) of roads; and the harvesting of 1.5 billion trees per year. Further,

3315-519: The Forest Service chose a handful of management indicator species as proxies, but the Sierra Club argued that a mosaic-like logging of the national forests would not provide the wildlife corridor necessary to ensure appropriate biodiversity of those species or any others. The Sierra Club attacked the Forest Service's science behind their L/RMP, calling it " junk science ". Ultimately, the court ruled in favor of agency discretion despite finding that

3400-502: The Forest Service fought fires on 2.996 million acres (12,120 km ) of land in 2007. The Forest Service organization includes ranger districts, national forests, regions, research stations and research work units and the Northeastern Area Office for State and Private Forestry. Each level has responsibility for a variety of functions. The Chief of the Forest Service is a career federal employee who oversees

3485-502: The Forest Service had to manage for non-timber values, like recreation, range, watershed, wildlife and fishery purposes, but it was not until NFMA that these uses were embodied by the forest planning process. The 1982 NFMA Planning Regulations describe a planning process designed to integrate the many interests concerning the forest: According to the National Forest Service, some of the key events in implementation of

National Forest Management Act of 1976 - Misplaced Pages Continue

3570-401: The Forest Service led to Lassie receiving numerous awards and citations from the U.S. Senate and the Department of Agriculture, and was partly responsible for a bill regarding soil and water pollution that was signed into law in early 1968 by President Lyndon Johnson , which was dubbed by some as "The Lassie Program". In the 2019 family comedy movie Playing With Fire , John Cena plays

3655-595: The Forest Service used questionable science, though not to the degree that their decision could be considered arbitrary and capricious under the Administrative Procedure Act (APA). Big Thorne Project Environmental groups claimed that the Forest Service violated National Environmental Policy Act (NEPA) and NFMA, and the 2008 Amended Tongass National Forest Land and Resource Management Plan. The Big Thorne Project involved allowance of logging of old growth forests and construction of new roads in

3740-538: The Government of the United States, whether or not it is within or subject to review by another agency," with the exception of several enumerated authorities, including Congress, federal courts, and governments of territories or possessions of the United States. Courts have also held that the U.S. president is not an agency under the APA. The APA's capacity to hold accountable regulatory business monitors that oversee civil matters that apply "'soft' administrative law"

3825-729: The Interior Department to the Bureau of Forestry, henceforth known as the United States Forest Service . Gifford Pinchot was the first United States Chief Forester in the Presidency of Theodore Roosevelt . A historical note to include is that the National Park Service was created in 1916 to manage Yellowstone and several other parks; in 1956, the Fish and Wildlife Service became the manager of lands reserved for wildlife. The Grazing Service and

3910-582: The National Forest System. These lands are located in 44 states, Puerto Rico, and the Virgin Islands and comprise about 9% of the total land area in the United States. The lands are organized into 155 national forests and 20 national grasslands. The mission of the National Forest System is to protect and manage the forest lands so they best demonstrate the sustainable multiple-use management concept, using an ecological approach, to meet

3995-542: The Tongass National Forest. The court rejected claims from environmental groups, saying that the Forest Service's assessments and actions were reasonable. United States Forest Service The United States Forest Service ( USFS ) is an agency within the U.S. Department of Agriculture that administers the nation's 154 national forests and 20 national grasslands covering 193 million acres (780,000 km ) of land. The major divisions of

4080-538: The USFS to administer National Monuments inside of preexisting National Forests. The Forest Service also manages Grey Towers National Historic Site in Milford, Pennsylvania , the home and estate of its first Chief, Gifford Pinchot . By 1935, the U.S. Forest Service's fire management policy stipulated that all wildfires were to be suppressed by 10 am the morning after they were first spotted. In August 1944, to reduce

4165-464: The act were the following: 1976 – NFMA was enacted. 1979 – First planning regulations established. 1982 – Revised NFMA planning regulations established. 1989 – Comprehensive review conducted on land management of the Forest Service. 1993 – First revision of forest plan conducted. 1997 – A 13-member Committee of Scientists met to analyze and recommend methods for the Forest Service to improve management of national forests and grasslands. Report

4250-451: The agency are the Chief's Office, National Forest System, State and Private Forestry, Business Operations, as well as Research and Development. The agency manages about 25% of federal lands and is the sole major national land management agency not part of the U.S. Department of the Interior (which manages the National Park Service , the U.S. Fish and Wildlife Service and the Bureau of Land Management ). The concept of national forests

4335-485: The agency would have to put $ 400 to $ 500 million in wildfire prevention projects on hold because funding for firefighting was running low as the fiscal year ended. The decision was meant to preserve resources for fighting active fires burning in California, Oregon, Washington and Idaho. Politicians of both parties indicated they believed the then-current funding structure was broken, but did not agree on steps to fix

SECTION 50

#1732794371061

4420-589: The agency. The Chief reports to the Under Secretary for Natural Resources and Environment in the U.S. Department of Agriculture, an appointee of the President confirmed by the Senate. The Chief's staff provides broad policy and direction for the agency, works with the Administration to develop a budget to submit to Congress, provides information to Congress on accomplishments, and monitors activities of

4505-642: The agency. There are five deputy chiefs for the following areas: National Forest System, State and Private Forestry, Research and Development, Business Operations, and Finance. The Forest Service Research and Development deputy area includes five research stations, the Forest Products Laboratory , and the International Institute of Tropical Forestry , in Puerto Rico. Station directors, like regional foresters, report to

4590-489: The claims of the Sierra Club and stated the Forest Service is not an agency required to perform ongoing action or involvement in the forest plans. Justice Breyer concluded that the "controversy is not yet ripe for judicial review." Sierra Club v. Marita, 1995 The Forest Service issued two land and resource management plans for national forests in Wisconsin that both involved timber harvest. To monitor ecosystem health,

4675-628: The community yet timber harvesting was still a key economic dependency. In 1991, the Seattle Audubon Society v. Evans case maintained that the Forest Service must still comply with NFMA requirements even though the Northern Spotted Owl had been listed "threatened" under Endangered Species Act (ESA). The Forest Service claimed that once the owls became part of the Endangered Species Act's duties, it

4760-562: The court must conclude that the regulation is "arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law." However, Congress may further limit the scope of judicial review of agency actions by including such language in the authorizing statute . To set aside formal rulemaking or formal adjudication for which procedures are trial-like, a different standard of review allows courts to question agency actions more strongly. For such more formal actions, agency decisions must be supported by "substantial evidence" after

4845-551: The court reads the "whole record," which can be thousands of pages long. Unlike arbitrary and capricious review, substantial evidence review gives the courts leeway to consider whether an agency's factual and policy determinations were warranted in light of all the information before the agency at the time of decision. Accordingly, arbitrary and capricious review is understood to be more deferential to agencies than substantial evidence review is. Arbitrary and capricious review allows agency decisions to stand as long as an agency can give

4930-633: The current Eastern Region was created from the former Eastern and North Central regions. ). Each encompasses a broad geographic area and is headed by a regional forester who reports directly to the Chief. The regional forester has broad responsibility for coordinating activities among the various forests within the region, for providing overall leadership for regional natural resource and social programs, and for coordinated regional land use planning. The Forest Service oversees 155 national forests, 20 grasslands, and one tall-grass prairie. Each administrative unit typically comprises several ranger districts, under

5015-436: The development and procedures of the federal agencies. The Final Report defined a federal agency as a governmental unit with "the power to determine... private rights and obligations" by rulemaking or adjudication . The report applied that definition to the largest units of the federal government, and identified "nine executive departments and eighteen independent agencies." Overall, 51 federal agencies were identified in

5100-491: The diverse needs of people. The goal of the State and Private Forestry program is to assist with financial and technical assistance to private landowners, state agencies, tribes, and community resource managers. It provides assistance by helping sustain the United States' urban and rural forests and their associated communities from wildland fires, insects, disease, and invasive organisms. Approximately 537 staff are employed in

5185-628: The forests. These values and resources include grazing , timber , mining , recreation , wildlife habitat, and wilderness . Because of continuing development elsewhere, the large size of National Forests have made them de facto wildlife reserves for a number of rare and common species. In recent decades, the importance of mature forest for the spotted owl and a number of other species led to great changes in timber harvest levels. Administrative Procedure Act (United States) The Administrative Procedure Act ( APA ), Pub. L.   79–404 , 60  Stat.   237 , enacted June 11, 1946 ,

SECTION 60

#1732794371061

5270-544: The funding allocation. During the 2019–2020 bushfires in Australia, the US Forest Services sent a contingent of firefighters. They worked alongside firefighters from other American fire departments. In April 2023, the U.S. Forest Service published a proposed rulemaking in response to climate change on the topic of improving climate resilience on the public lands that it manages. The agency introduced

5355-825: The future. The report is entitled "Managing the Impacts of Wildfire on Communities and the Environment: A Report to the President In Response to the Wildfires of 2000"—The National Fire Plan for short. The National Fire Plan continues to be an integral part of the Forest Service today. The following are important operational features of the National Fire Plan: In August 2014, Tom Vilsack, the Secretary of Agriculture, announced that

5440-461: The headquarters office and 26,521 in regional and field office. The USDA Forest Service's mission is to sustain the health, diversity, and productivity of the Nation's forests and grasslands to meet the needs of present and future generations. Its motto is "Caring for the land and serving people." As the lead federal agency in natural resource conservation, the Forest Service provides leadership in

5525-634: The land and resource management plans (L/RMPs) outlined in the Forest and Rangeland Renewable Resources Planning Act of 1974 (RPA), and started by requiring the Forest Service to do an inventory of all its lands, followed by a zoning process to see what uses land was best suited for – dubbed the "suitability determination." These plans required alternative land management options to be presented, each of which have potential resource outputs (timber, range, mining, recreation) as well as socio-economic effects on local communities. The Forest Service, in cooperation with

5610-616: The most widely recognized slogans in the United States. According to the Advertising Council , Smokey Bear is the most recognized icons in advertising history and has appeared almost everywhere via Public Service Announcements in print, radio, television. Smokey Bear, an icon protected by law, is jointly owned by the Forest Service, the Ad Council and the National Association of State Foresters . In 1965, at

5695-462: The nation's renewable resource use, the current demand, anticipated demands, and environmental and economic impacts. NFMA changed forest planning by obliging the United States Forest Service to use a systematic and interdisciplinary approach to resource management. It also provided for public involvement in preparing and revising forest plans. Also, NFMA established and expanded several Forest Service trust funds and special accounts. It expanded upon

5780-614: The need for such rulemaking as: Climate change and related stressors, such as wildfire, drought, insects and disease, extreme weather events, and chronic stress on ecosystems are resulting in increasing impacts with rapid and variable rates of change on national forests and grasslands. These impacts can be compounded by fire suppression, development in the Wildland Urban Interface (WUI), and non-climate informed timber harvest and reforestation practices. The foundational question pertained to climate adaptation : "How should

5865-543: The number of forest fires , the Forest Service and the Wartime Advertising Council began distributing fire education posters featuring a black bear . The poster campaign was a success; the black bear would later be named Smokey Bear , and would, for decades, be the "spokesbear" for the Forest Service. Smokey Bear has appeared in innumerable TV commercials; his popular catch phrase, "Only YOU can prevent forest fires"—later changed to wildfires—is one of

5950-426: The overall direction of a forest supervisor. Within the supervisor's office, the staff coordinates activities among districts, allocates the budget, and provides technical support to each district. Forest supervisors are line officers and report to regional foresters. The administration of individual National Forests is subdivided into Ranger Districts. The Forest Service has over 600 ranger districts. Each district has

6035-549: The president's behalf during the regulatory review process. Rules and regulations issued or proposed (see Notice of Proposed Rulemaking ) by federal administrative agencies are published chronologically in the Federal Register . Promulgated rules and regulations are then organized by topic in a separate publication called the Code of Federal Regulations . In 2022, the U.S. Citizenship and Immigration Services (USCIS)

6120-473: The program and is administered through National Forest System regions and the Northeastern Area of the United States. The research and development (R&D) arm of the Forest Service works to improve the health and use of the United States' forests and grasslands . Research has been part of the Forest Service mission since the agency's inception in 1905. Today, Forest Service researchers work in

6205-637: The protection, management, and use of the nation's forest, rangeland, and aquatic ecosystems. The agency's ecosystem approach to management integrates ecological, economic, and social factors to maintain and enhance the quality of the environment to meet current and future needs. Through implementation of land and resource management plans, the agency ensures sustainable ecosystems by restoring and maintaining species diversity and ecological productivity that helps provide recreation, water, timber, minerals, fish, wildlife, wilderness, and aesthetic values for current and future generations of people. The everyday work of

6290-470: The report after including various subdivisions within the larger units. In reviewing the history of federal agencies, the Final Report noted that almost all agencies had undergone changes in name and political function. Of the 51 federal agencies discussed in the Final Report , 11 were created by statute before the American Civil War . From 1865 to 1900, six new agencies were created, notably

6375-800: The request of the Joint Chiefs of Staff , the Forest Service was commissioned by the Advanced Research Projects Agency (ARPA) to research the use of forest fire as a military weapon. A report was published in June 1970 and declassified in May 1983. In September 2000, the Departments of Agriculture and the Interior developed a plan to respond to the fires of 2000, to reduce the impacts of these wildland fires on rural communities, and to ensure sufficient firefighting resources in

6460-420: The suitability and capability of the specific land area in order to meet overall multiple-use objectives, and within the multiple-use objectives of a land management plan adopted pursuant to this section, provide, where appropriate, to the degree practicable, for steps to be taken to preserve the diversity of tree species similar to that existing in the region controlled by the plan." This regulation became known as

6545-445: The time was the timber industry. In a post World War II economy, the demand for timber skyrocketed with the housing boom and people were recreating on public lands more than ever before. Visitors to national parks rose from 50 million in 1950 to 72 million in 1960. The Sierra Club and other conservation groups were also fighting for preservation of natural landscapes. The Multiple-Use Sustained-Yield Act of 1960 made it clear that

6630-399: The world. The program also promotes sustainable land management overseas and brings important technologies and innovations back to the United States. The program focuses on conserving key natural resource in cooperation with countries across the world. Although a large volume of timber is logged every year, not all National Forests are entirely forested. There are tidewater glaciers in

6715-400: Was born from Theodore Roosevelt 's conservation group, Boone and Crockett Club , due to concerns regarding Yellowstone National Park beginning as early as 1875. In 1876, Congress formed the office of Special Agent in the Department of Agriculture to assess the quality and conditions of forests in the United States. Franklin B. Hough was appointed the head of the office. In 1881, the office

6800-554: Was drafted by the National Conference of Commissioners on Uniform State Laws for oversight of state agencies. Not all states have adopted the model law wholesale, as of 2017. The federal APA does not require systematic oversight of regulations prior to adoption, unlike the Model APA. Each US state has passed its own version of the Administrative Procedure Act. Beginning in 1933, President Franklin D. Roosevelt and

6885-515: Was expanded into the newly formed Division of Forestry . The Forest Reserve Act of 1891 authorized withdrawing land from the public domain as forest reserves managed by the Department of the Interior . In 1901, the Division of Forestry was renamed the Bureau of Forestry . The Transfer Act of 1905 transferred the management of forest reserves from the United States General Land Office of

6970-531: Was published. The process of formulating this Planning Rule began in 2009. NFMA has spawned lawsuits regarding the degree of involvement required by both the Forest Service and the public. NFMA does not have a citizen suit provision. Judicial review must fall under the Administrative Procedure Act . Judicial review under NFMA can happen in two common ways: 1) challenges over various forest plans as violating NFMA or 2) judicial review over specific actions or occurrences such as timber sales. Stein v Barton In 1990,

7055-483: Was released in 1999. 2000 – The 2000 Planning Rule published. The 2000 Planning Rule caused major backlash from the public. A review was conducted by the Department of Agriculture and found that the rule had considerable flaws. 2002 – Forest Service publishes the 2002 Proposed Planning Rule. 2004 – The Forest Service published the Interpretive Rule. The Interpretive Rule clarifies to the public that while

7140-423: Was sued for violation of the APA after it issued a change of rules for an immigrant investor program ( Behring Regional Center LLC v. Mayorkas et al ). When USCIS announced a change to the program that would cancel authorization for certain immigrant investor enterprises, one of those enterprises - Behring Regional Center - filed suit. In the suit, Behring argued that the rule change violated the procedures required in

7225-655: Was then relieved of its own duties to maintain the viability of its population. Ohio Forestry Association v. Sierra Club The Sierra Club claimed that the logging practices allowed in the Wayne National Forest in Southeast Ohio were unlawful under NFMA because the Act requires ongoing input and management from the Forest Service. According to the Sierra Club, plan in the Wayne National Forest permitted too much logging and clearcutting. The Court rejected

#60939