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By: Robert Janis
U.S. Forest Service
Struggles with New Planning Regulations
For almost 30 years now the U.S. Forest
Service has attempted to revise the regulations
that govern how the agency is supposed to
prepare its Forest Plans. Also known as the
“Planning Rule,” the regulations determine how
the agency will develop, amend, and revise its
Forest Management Plans for the future. However,
throughout the process the Forest Service seems
to have ignored Congressional mandates and
instead provided a draft rule that is weighed
more heavily in favor of environmental
consideration rather than multiple use. In
short, explained Greg Mumm, executive director
of the BlueRibbon Coalition, an advocacy group
that advocates for access and multiple use of
public lands, the process attempts to make
policy rather than focus on procedure.
The roots of the struggle go back to 1974. The
U.S. Congress passed the Forest and Range land
Renewable Resources Planning Act which was
amended in 1976 by the National Forest
Management Act also known as NFMA. “It set up a
Congressional mandate that requires the
Secretary of Agriculture to issue regulations
for developing and revising management plans in
accordance with another act passed by Congress
in 1960 called The Multiple Use Sustained Yield
Act (MUSYA).
According to Mumm, the first planning rule was
created in 1979, revised in 1982, and is still
in place. “The rule is complex and very
difficult, and because of that there have been
several attempts to revise it,” continued Mumm.
“The first attempt was in 2000 and, after a
review by the Forest Service, it was deemed
unworkable. In addition, the 2000 rule was
challenged in court by environmentalists in
2001.”
The Forest Service tried again in 2002 and
issued a new rule in 2005. Immediately, it was
challenged in the courts by environmentalists
and the court enjoined the agency from carrying
it out in 2007.
Meanwhile, when the Forest
Service announced the 2005 rule, the challenge
to the 2000 rule was stipulated to a dismissal
in the courts.
So with no rule officially in place, the 2000
Planning Rule, which was already deemed
unworkable, took effect by default.
The Forest Service tried again to develop
another rule in 2008 which was also challenged
in court and ruled invalid. “So the court
decision gave the Forest Service the choice of
either reinstating the 2000 rule or 1982 rule,”
explained Mumm. “A previous court decision had
established a legal principle that a court
invalidating an agency rule means that the
immediate previous rule is reinstated.” So,
again, by default, the 2000 rule was reinstated.
With the 2000 rule now the guide, the Forest
Service determined that there were enough
transitional provisions in the 2000 rule that
allows it to revise forest plans under the 1982
rule. That is what the Forest Service is doing
in the interim while they develop yet another
new forest planning rule.
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