36:
535:
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 the "viability regulation."
371:(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
603:(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 the Tongass National Forest. The court rejected claims from environmental groups, saying that the Forest Service's assessments and actions were reasonable.
358:
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
350:. 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.
576:
The Forest
Service issued two land and resource management plans for national forests in Wisconsin that both involved timber harvest. To monitor ecosystem health, the Forest Service chose a handful of management indicator species as proxies, but the Sierra Club argued that a mosaic-like logging of
534:
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 the suitability and capability of the specific land
366:
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 the land and resource management
424:
Develop planning criteria. Three main criteria are used for management actions: public policy criteria or the policy outlined in regulatory and statutory guidelines, process criteria or the accepted standard of data analysis, and decision criteria or the weight assigned to each management
565:
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
444:
Select a preferred alternative. This is the proposed forest plan. Document the proposal and justify the selection. Explain why other alternatives were not chosen that may have a higher net present value or are more environmentally preferable. Prepare a Record of
Decision (ROD) of the
542:
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 the community yet timber harvesting was still a key economic dependency. In 1991, the
420:
Identify issues, concerns, and opportunities (ICOs). State and local agency officials, as well as the public, collaborate to identify current issues as well as possible future issues and concerns. The goal of the planning process is to improve the forest to better serve the
566:
clearcutting. The Court rejected 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."
359:
clear cutting. Congress requires the Forest
Service, in conjunction with other applicable agencies, to thoroughly assess, research, and plan for the nation's renewable resource use, the current demand, anticipated demands, and environmental and economic impacts.
538:
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.
585:". Ultimately, the court ruled in favor of agency discretion despite finding that the Forest Service used questionable science, though not to the degree that their decision could be considered arbitrary and capricious under the
407:
made it clear that 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.
523:
In 1990, 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.
398:
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
490:
2004 – The Forest Service published the Interpretive Rule. The Interpretive Rule clarifies to the public that while a new rule is formulated, the procedures from the 1982 rule are still applicable to forest plans.
428:
Collect data and information necessary to address ICOs. Ensure that data collection meets the process criteria standards. Also include data for a 'no action' alternative to use as a control during alternative
483:
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.
342:
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
515:. 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.
394:
At the time NFMA was written, there were conflicting interests in regards to proper forest management. The major player of national forest management at the time was the timber industry. In a post
511:
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
480:
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 was released in 1999.
551:(ESA). The Forest Service claimed that once the owls became part of the Endangered Species Act's duties, it was then relieved of its own duties to maintain the viability of its population.
432:
Analyze the management situation (AMS). Group land into strata of similar physical features, such as vegetation, wildlife or soil type, to analyze the effects of management actions.
500:
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.
368:
335:
581:
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 "
999:
547:
case maintained that the Forest Service must still comply with NFMA requirements even though the Northern Spotted Owl had been listed "threatened" under
448:
Implement the plan by updating all uses of the forest into conformity of the forest plan. Make the proper budget requests for full implementation.
1004:
132:
441:
Evaluate alternatives by comparing how well each resolves the ICOs. Evaluate each alternative using the planning criteria outlined in step 2.
586:
512:
451:
Monitor and evaluate the plan by comparing the actual biological effects of the plan to the projections. Make adjustments where necessary.
152:
301:
404:
388:
882:
1019:
929:
416:
The 1982 NFMA Planning Regulations describe a planning process designed to integrate the many interests concerning the forest:
994:
137:
713:
376:
600:
820:
1009:
147:
460:
According to the National Forest Service, some of the key events in implementation of the act were the following:
294:
50:
642:
347:
265:
142:
127:
1014:
842:
327:
35:
363:
503:
2012 – The 2012 Planning Rule was published. The process of formulating this Planning Rule began in 2009.
738:
287:
695:
319:
270:
178:
70:
821:"The National Forest Management Act: Judicial Interpretation of a Substantive Environmental Statute"
215:
548:
403:
and other conservation groups were also fighting for preservation of natural landscapes. The
255:
220:
65:
947:
8:
343:
203:
183:
91:
809:
1975 Zieske v Butz (D. Alaska, 1975) was the political trigger for Congressional Action
908:
384:
339:
168:
86:
857:
438:
Estimate the effects of each alternative on the environment, the economy, and society.
578:
230:
60:
27:
933:
786:
260:
670:
55:
474:
1989 – Comprehensive review conducted on land management of the Forest Service.
717:
372:
245:
988:
225:
106:
435:
Formulate a broad range of alternatives including a 'no action' alternative.
346:
Association on Prince of Wales Island against the US Forest Service's first
619:
582:
395:
250:
101:
843:
http://law.justia.com/cases/federal/district-courts/FSupp/740/743/1952466/
375:
effects on local communities. The Forest Service, in cooperation with the
562:
400:
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to estimate the economic effects of these outputs on local communities.
198:
173:
96:
188:
497:
2008 – The 2008 Planning Rule and an EIS on the rule was published.
761:
275:
240:
235:
208:
111:
487:
2002 – Forest Service publishes the 2002 Proposed Planning Rule.
387:
model used to estimate the land management resource outputs) and
380:
323:
193:
599:
Environmental groups claimed that the Forest Service violated
379:(FEMA), contributed considerable resources to the creation of
883:"Seattle Audubon Soc'y v. Evans | Environmental Law Reporter"
369:
Forest and Rangeland Renewable Resources Planning Act of 1974
336:
Forest and Rangeland Renewable Resources Planning Act of 1974
858:"The Spotted Owl Litigation | ENRD | Department of Justice"
979:
331:
974:
471:
1982 – Revised NFMA planning regulations established.
659:
122 CONG. REC. H10139-40 (daily ed. Sept. 15, 1976).
643:"Zieske v. Butz, 412 F. Supp. 1403 (D. Alaska 1976)"
706:
948:"Big Thorne Project | Environmental Law Reporter"
986:
477:1993 – First revision of forest plan conducted.
632:Zieske v Butz (Alaska, US District Court, 1976)
468:1979 – First planning regulations established.
1000:United States federal public land legislation
494:2005 – The 2005 Planning Rule was published.
362:NFMA changed forest planning by obliging the
316:National Forest Management Act (NFMA) of 1976
295:
787:"Planning Rule – History of Forest Planning"
776:. New York: Columbia University Press, 2002.
411:
577:the national forests would not provide the
731:
302:
288:
774:Integrated Public Lands Management 2nd Ed
910:Ohio Forestry Assn., Inc. v. Sierra Club
818:
714:"National Forest Management Act of 1976"
671:"National Forest Management Act Of 1976"
556:Ohio Forestry Association v. Sierra Club
405:Multiple-Use Sustained-Yield Act of 1960
696:"Agency Mission and Habitat Management"
987:
906:
622:. United States Department of Justice.
133:International environmental agreements
1005:National Forests of the United States
852:
850:
338:, which called for the management of
825:Public Land and Resources Law Review
758:History of National Forest Conflicts
153:Supranational environmental agencies
668:
455:
377:Federal Emergency Management Agency
13:
847:
841:740 F. Supp 743 (D. Alaska, 1990)
772:36 C.F.R. 219.12; Loomis, John B.
14:
1031:
968:
693:
601:National Environmental Policy Act
762:http://www.ti.org/2chistory.html
545:Seattle Audubon Society v. Evans
529:Seattle Audubon Society v. Evans
506:
367:plans (L/RMPs) outlined in the
326:governing the administration of
34:
940:
922:
900:
875:
835:
812:
803:
779:
766:
51:Environmental impact assessment
751:
700:U.S. Department of Agriculture
687:
662:
653:
635:
626:
612:
348:environmental impact statement
266:Right to a healthy environment
1:
1020:Forestry in the United States
606:
353:
138:Environmental laws by country
995:United States Forest Service
587:Administrative Procedure Act
513:Administrative Procedure Act
364:United States Forest Service
7:
571:Sierra Club v. Marita, 1995
10:
1036:
760:. The Thoreau Institute.
465:1976 – NFMA was enacted.
412:The NFMA planning process
320:United States federal law
271:War and environmental law
179:Climate change litigation
71:Environmental cleanup law
16:United States federal law
216:Environmental personhood
148:Environmental ministries
1010:1976 in the environment
930:"Sierra Club v. Marita"
819:Tuholske, Jack (1998).
549:Endangered Species Act
143:Environmental lawsuits
128:Environmental journals
980:MN IMPLAN Group, inc.
256:Public trust doctrine
221:Environmental justice
79:Natural resources law
43:Pollution control law
1015:1976 in American law
322:that is the primary
66:Waste management law
975:USDA Forest Service
669:Liu, Karen (1998).
340:renewable resources
318:(P.L. 94-588) is a
204:Environmental crime
184:Earth jurisprudence
120:Reference materials
92:Water resources law
22:Part of a series on
594:Big Thorne Project
385:linear programming
169:Administrative law
87:Species protection
620:"The Timber Wars"
579:wildlife corridor
312:
311:
231:International law
61:Water quality law
28:Environmental law
1027:
963:
962:
960:
959:
944:
938:
937:
932:. Archived from
926:
920:
919:
918:
917:
904:
898:
897:
895:
894:
879:
873:
872:
870:
869:
854:
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783:
777:
770:
764:
755:
749:
748:
746:
745:
735:
729:
728:
726:
725:
716:. Archived from
710:
704:
703:
691:
685:
684:
682:
681:
666:
660:
657:
651:
650:
639:
633:
630:
624:
623:
616:
456:Timeline of NFMA
328:national forests
304:
297:
290:
261:Rights of nature
38:
19:
18:
1035:
1034:
1030:
1029:
1028:
1026:
1025:
1024:
985:
984:
971:
966:
957:
955:
946:
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941:
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907:Breyer (1998),
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901:
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890:
881:
880:
876:
867:
865:
864:. 13 April 2015
862:www.justice.gov
856:
855:
848:
840:
836:
817:
813:
808:
804:
795:
793:
791:www.fs.usda.gov
785:
784:
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756:
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736:
732:
723:
721:
712:
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707:
692:
688:
679:
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663:
658:
654:
641:
640:
636:
631:
627:
618:
617:
613:
609:
509:
458:
414:
356:
308:
56:Air quality law
17:
12:
11:
5:
1033:
1023:
1022:
1017:
1012:
1007:
1002:
997:
983:
982:
977:
970:
969:External links
967:
965:
964:
939:
936:on 2012-04-26.
921:
899:
874:
846:
834:
811:
802:
778:
765:
750:
739:"IMPLAN Model"
730:
705:
694:Logan, Brian.
686:
661:
652:
634:
625:
610:
608:
605:
519:Stein v Barton
508:
505:
457:
454:
453:
452:
449:
446:
442:
439:
436:
433:
430:
426:
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413:
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373:socio-economic
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299:
292:
284:
281:
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268:
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246:Law of the sea
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213:
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201:
196:
191:
186:
181:
176:
174:Bankruptcy law
171:
163:
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161:Related topics
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122:
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109:
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24:
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1021:
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1003:
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996:
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720:on 2010-06-12
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675:www.fs.fed.us
672:
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546:
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507:Legal battles
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226:Insurance law
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107:Fisheries law
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37:
33:
32:
29:
26:
25:
21:
20:
956:. Retrieved
954:. 2012-03-19
951:
942:
934:the original
924:
914:, retrieved
909:
902:
891:. Retrieved
889:. 2011-10-28
886:
877:
866:. Retrieved
861:
837:
828:
824:
814:
805:
794:. Retrieved
790:
781:
773:
768:
757:
753:
742:. Retrieved
733:
722:. Retrieved
718:the original
708:
699:
689:
678:. Retrieved
674:
664:
655:
646:
637:
628:
614:
598:
593:
592:
591:
583:junk science
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415:
396:World War II
393:
361:
357:
315:
313:
251:Property law
102:Forestry law
563:Sierra Club
429:comparison.
401:Sierra Club
330:and was an
989:Categories
958:2016-12-05
916:2016-12-05
893:2016-12-05
868:2016-12-05
796:2016-12-14
744:2007-06-20
724:2009-01-18
680:2016-12-05
647:Justia Law
607:References
354:Background
199:Energy law
97:Mining law
332:amendment
189:Earth law
952:elr.info
887:elr.info
831:: 54–88.
344:Pt Baker
276:Wild law
241:Land use
236:Land law
209:poaching
112:Game law
589:(APA).
425:action.
421:public.
381:FORPLAN
334:to the
324:statute
194:Ecocide
389:IMPLAN
445:plan.
561:The
314:The
383:(a
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950:.
885:.
860:.
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823:.
789:.
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