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National Forest Management Act

In 2009, Secretary of Agriculture Tom Vilsack announced that the Forest Service would begin a major nationwide collaborative process to create a modern forest planning rule capable of addressing the current and future needs of the 193 million acre National Forest System. This announcement came after the new Obama Administration declared that scientific integrity would be brought back to the White House, and was welcomed by scientists and conservationists, who, like PRC, had actively opposed adoption of the planning rules proposed by former President Bush.

In 2009, Secretary of Agriculture Tom Vilsack announced that the Forest Service would begin a major nationwide collaborative process to create a modern forest planning rule capable of addressing the current and future needs of the 193 million acre National Forest System. This announcement came after the new Obama Administration declared that scientific integrity would be brought back to the White House, and was welcomed by scientists and conservationists, who, like PRC, had actively opposed adoption of the planning rules proposed by former President Bush.

Watershed restoration was not explicitly recognized as a management priority in past rules in any significant way. But times have changed. In December 2009, Secretary Vilsack expressly stated that “[r]estoring forest ecosystems… will make our forests more resilient to climate-induced stresses and will ensure that our forests will continue to provide ample, abundant clean water. In many of our forests, restoration will also include efforts to improve or decommission roads, to replace and improve culverts, and to rehabilitate streams and watersheds.”

The Forest Service is required to give water and watershed protection priority over other outputs under the National Forest Management Act (NFMA), and rightfully so. 51% of the water used in the 11 Western states originates from headwaters on National Forests and Grasslands. Local municipalities have recognized National Forest watersheds as the most cost effective water treatment plant there is. National forests also provide the most intact freshwater habitat remaining in the lower 48 states, areas that serve as refugia for beleaguered native trout, salmon and other aquatic species.

Water and watershed protection under NFMA is consistent with such mandates under other applicable laws as well, including the Forest Service Organic Act, the Endangered Species Act and the Clean Water Act.  Major changes to existing planning rules are necessary to ensure that the management standards established by individual forest plans for the 135 national forests in this country are adequate to protect water quantity, quality and aquatic and riparian species.

After attending a series of roundtables in 2010 in Washington D.C., Pacific Rivers Council and Earthjustice jointly delivered recommendations in the form of draft rule language for consideration by the national Forest Service Planning Rule Team. Key recommendations were that the planning rule should require: 1) delineation of riparian conservation areas and a default minimum width; 2) that forests identify priority watersheds where restoration resources will be focused; 3) that all forests adopt quantitative and qualitative standards and guidelines based on the best available science; 4) that management actions comply with all environmental laws; and 5) that forest plans include a built-in monitoring and feedback system.

Our recommendations have been endorsed by many other organizations since their release, and PRC subsequently provided a scientific rationale for our recommendations.

Brief History of the National Forest Management Act (NFMA)

  • 1976: NFMA was designed to counter damage to natural ecosystems on public lands following several debates over the legality of clear-cutting. In an effort to protect forests from excessive and destructive logging, the Forest Service developed regulations to protect streams and ensure prompt reforestation
  • 2000: Shortly before leaving office, President Clinton revised the regulations based on principles of sustainability. Planning was required to actively engage the public and integrate science and scientists into the process. Soon thereafter, President Bush suspended the new rules under pressure from the timber industry.
  • 2005: Rules set forth by the Bush Administration eliminated protection for wildlife, removed the requirement to produce Environmental Impact Statements, bypassed the NEPA process, and limited public participation and scientific review. Not only was this a step backward, it was also illegal.
  • 2010: The Obama Administration announced that the Department of Agriculture will actively seek participation from scientists and the public to form new rules, highlighting the value of watersheds as a necessity for future generations, placing emphasis back on protections for fish and wildlife. Final rules are slated for November 2011.

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