ABOUT THIS BOOK

This comprehensive, in-depth review and analysis of planning, policy, and law in the National Forest System is the standard reference source on the National Forest Management Act (NFMA) of 1976. It is a clearly written, nontechnical book that offers an insightful analysis of the Fifty Year Plans and how to participate in and influence them.

AUTHOR BIOGRAPHY

Charles F. Wilkinson is Professor of Law at the University of Colorado, Boulder, and is a well-known and respected authority on the Forest Service.

H. Michael Anderson works for The Wilderness Society.

TABLE OF CONTENTS

Table of Contents

Introduction

I.
The History of Land and Resource Planning in the National Forests

A.
Origins of the National Forests (1876-1907)

B.
The Origins of Planning (1897-1910)

C.
Conservation Planning (1910-1960)

D.
Environmental and Multiple-Use Planning (1960-1974)

E.
Congressionally Mandated Planning (1974-Present)

1.
The Resources Planning Act of 1974

2.
The National Forest Management Act of 1976

II.
The Legal Context For Planning

A.
Forest Service Regulatory Authority

1.
Passage of the Organic Act of 1897

2.
Judicial Construction of the 1897 Organic Act

3.
The Multiple-Use Sustained-Yield Act of 1960

4.
The Modern Legislation

5.
The Role of State Law

B.
Judicial Review of Forest Service Planning Under the NFMA

C.
The Relationship Between Local and National Planning

1.
Background of the Controversy

2.
The Issue and Why It Is Important

3.
The Forest Service's Interpretation

4.
Congressional Intent

(a)
The RPA

(b)
The NFMA

III.
Range

A.
Evolution of Policy

1.
Unregulated Grazing (1846-1891)

2.
Establishment of Authority (1891-1911)

3.
Stabilizing Range Conditions and Policies (1911-1978)

B.
Modern Legislation and Planning

1.
The Federal Land Policy and Management Act of 1976

2.
The National Forest Management Act of 1976

3.
The Public Rangelands Improvement Act of 1978

4.
Authority to Protect Rangeland

IV.
Timber

A.
Issues in Modern Forest Service Timber Planning

1.
Suitability

2.
Harvest Level

(a)
Nondeclining Even Flow (NDEF)

(b)
Culmination of Mean Annual Increment (CMAI)

(c)
Earned Harvest Effect (EHE)

3.
Harvesting Practices

B.
Evolution of Policy

1.
The Early Years (19th Century-1905)

2.
The Custodial Years (1905-1941)

3.
The Production Years (1942-1966)

4.
The Church Guidelines and the Prelude to the NFMA (1967-1976)

(a)
Suitability and Timber Harvesting Practices

(b)
Harvest Levels

C.
Limitations on Timber Harvesting

1.
The Current Relevance of the Church Guidelines

2.
Suitability

(a)
Physical Suitability

(b)
Economic Suitability

3.
Diversity of Plant and Animal Communities

4.
Harvest Levels

(a)
NDEF and Departures

(b)
Rotation Age and CMAI

(c)
Intensive Management and EHE

5.
Harvesting Practices

D.
Current Timber Planning Regulations

1.
Suitability

(a)
Unsuitable Land

(b)
Tentatively Unsuitable Land

(c)
Summary

2.
Diversity

3.
Harvest Levels and Departures

4.
Harvesting Practices

V.
Water

A.
Evolution of Policy

1.
Watershed Protection

2.
Regulation of Water Use

B.
Water Pollution

1.
The Clean Water Act

2.
The National Forest Management Act of 1976

C.
Water Quantity Regulation and Maintenance

1.
Congressionally Reserved Water Rights

2.
Congressionally Delegated Authority to Control Water Quantity

(a)
Authority to Set Instream Flows

(b)
Authority to Condition or Deny Access

D.
Water Power Projects

E.
The Wild and Scenic Rivers Act

VI.
Minerals

A.
Evolution of Policy

1.
Early Minerals Policy (1785-1891)

2.
Early Forest Service Policy (1891-1950)

3.
Active Forest Service Involvement in Minerals Management (1950-1969)

4.
Controversy and Regulation (1969-1980)

B.
Forest Service Regulation of Mining

1.
Systems for Mineral Disposition

(a)
Hardrock, or Locatable, Minerals

(b)
Leasable Minerals

(c)
Salable Minerals, or Common Varieties

2.
Other Relevant Considerations

C.
Minerals Planning Under the NFMA

VII.
Wildlife

A.
Evolution of Policy

1.
Early Legal Background (1891-1905)

2.
Management and Conservation (1905-1960)

3.
Multiple-Use (1960-1976)

(a)
Congressional and Judicial Action

(b)
The Emerging Concept of Diversity

B.
Wildlife Planning and the NFMA—The Diversity Provision

C.
The NFMA Regulations—Planning for the Wildlife Resource

1.
Viable Populations and Distribution

2.
Management Indicator Species

3.
Inventory Data and Monitoring

D.
Authority of the Forest Service to Manage the Wildlife Resource

1.
Authority to Preempt State Hunting and Fishing Law

2.
Cooperation with the States

VIII.
Recreation

A.
Evolution of Policy

1.
Early Recreation Policy (1891-1939)

2.
Expansion of the Recreation Program (1940-1976)

B.
Recreation Planning on General Forest Lands

1.
Administrative Recreation Zoning—The Recreation Opportunity Spectrum

2.
Visual Resource Management

3.
Off-Road Vehicles

C.
Recreation Planning for Additions to the Wild and Scenic River System

IX.
Wilderness

A.
Evolution of Policy

1.
Origins of the Wilderness Concept (1905-1939)

2.
Evolution from Administrative to Legislative Wilderness (1940-1963)

3.
RARE Planning and the Expansion of the System (1964-Present)

B.
Planning for Preservation

1.
Roadless Areas

2.
Wilderness Areas

(a)
Range

(b)
Control of Forest Fire, Insects, and Disease

(c)
Wildlife

(d)
Recreation

C.
Wilderness Mining

1.
Extent of Resource and Evolution of Policy

2.
The Wilderness Act of 1964

3.
Regulation of Wilderness Mining

(a)
Hardrock Mining

(b)
Mineral Leasing

Conclusion

Afterword

Index

Also Available from Island Press

REQUEST ACCESSIBLE FILE

If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you with an electronic file for alternative access.

Please have the accessibility coordinator at your school fill out this form.

It can take 2-3 weeks for requests to be filled.