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127-503: 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

254-531: A PhD marine biologist by training (Oregon State University, 1969), who had transferred from his post as the senior scientific adviser to the Commandant of the U.S. Army Corps of Engineers, office of the Commandant of the Corps., to join the newly formed White House CEQ. The staff, under Dr. Train's leadership, incorporated dozens of new principles and ideas into the landmark legislation but also incorporated previous laws, as

381-402: 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

508-502: A component of the written decision. Rather, geographic boundaries of operation were set to preclude direct impact on the several populations of the endangered Tiehm's buckwheat . The buckwheat example also displays the lack of scalar considerations regarding species uniqueness and ecological importance, as these were not components of the 2022 listing decision nor of the environmental permitting decision required for lithium mining. Scientific expertise alone determines if an animal or plant

635-521: 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

762-422: A hierarchy of priorities based first on the magnitude of threat, then upon its imminence, and finally upon taxonomic distinctiveness (with monotypic genera ranked ahead of other species, and full species ranked ahead of subspecies). Requirements that listing decisions be made based on scientific evidence and considerations, coupled with an inability of the agencies to expand and contract staffing based on shifts in

889-650: 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

1016-523: A lack of scientific integrity in the federal program." Among the faculty expressing views in a University of Pennsylvania report, one drew attention to an underlying shift in national worldviews during the past half-century: The Act "reflects the confidence of mid-20th century liberal politics that any problem can be fixed with legislation based on scientific data," yet pragmatic solutions that require flexibility have been hindered and polarization has become intense. An academic review paper in 2008 reported that

1143-427: 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

1270-575: A potential financial loss. As well, while the standard to prevent jeopardy or adverse modification applies only to federal activities, non-federal activities are subject to Section 10 of the Act, and private activities on private lands may require federal discretionary permits (such as those required by the Clean Water Act , Section 404) and thereby triggering Section 7 of the ESA. Controversy sometimes roils when

1397-741: 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

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1524-656: 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

1651-635: 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

1778-545: A revision to the listed entity." Critics of the Act have noted that, despite its goal of recovering species to the point of delisting, this has rarely happened. As of 2023 (fifty years after its passage), an aggregate of 1,780 species had been listed through the years as endangered or the less severe category of threatened. Of that total, 64 species improved enough to be removed from the list. Another 64 improved enough to be "downlisted" from endangered to threatened. While 11 species have been declared extinct since implementation of

1905-516: 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

2032-519: A similar international convention. In February 1973 a meeting in Washington, D.C. was convened. This meeting produced the comprehensive multilateral treaty known as CITES , or the Convention on International Trade of Endangered Species of Wild Fauna and Flora. The Endangered Species Conservation Act of 1969 provided a template for the Endangered Species Act of 1973 by using the term "based on

2159-427: A species is listed, the statutory imperative to prevent extinction precludes scalar considerations in federal permitting of development projects. Economic or other societal benefits, no matter how significant, are not to impede upon scientific decision-making in assessing the degree to which a project would subject a listed species to additional extinction risk. An historic example is the 1978 judicial decision in favor of

2286-604: A species-by-species basis. As of 2023, the most recent report to Congress was by the U.S. Fish and Wildlife Service and presented expenditures cumulative through fiscal year 2020. The report entailed these statistics: "Of the 1,388 status reviews completed, 93 percent (1,294) recommend no change in status for the species, 3 percent (40) recommend reclassifying from endangered to threatened, 3 percent (38) recommend delisting (22 due to extinction, 13 due to recovery, and 3 due to error), 1 percent (13) recommend reclassifying from threatened to endangered, and less than 1 percent (2) recommend

2413-635: 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. ,

2540-601: A tiny fish (the snail darter ) — even though that decision halted construction of a dam that was already underway on the Little Tennessee River . A listed plant example of non-scalar approaches to endangered species management happened in October 2024. While a federal permit was awarded for a new lithium mining project in Nevada, the purported societal and climate benefits of lithium for electric vehicle manufacturing were not

2667-724: 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

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2794-474: Is certified as a distinct species, rather than a mere variety of an existing species. An academic dissertation informing the listing decision for Tiehm's buckwheat concluded that, of all the species of genus Eriogonum in Nevada, "seven of the thirteen non-tiehmii taxa appear to be close relatives." The author included in his final paragraph the challenges of non-scalar approaches to environmental decision-making: The battle of human need versus habitat conservation

2921-497: Is considered a landmark conservation law. Academic researchers have referred to it as "one of the nation's most significant environmental laws." It has also been called "one of the most powerful environmental statutes in the U.S. and one of the world's strongest species protection laws." The Act itself has been amended four times: 1978, 1982, 1988, and 1992. Formal regulations published in the Federal Register that specify how

3048-425: Is constant. The situation Tiehm’s buckwheat finds itself, stuck between conservation of its ~25,000 individuals or eradication to allow access to needed resources, is certainly complicated. There are potential services it could provide that are yet to be discovered. If mining were to commence it is unlikely to survive and those services could be lost. If the mining operation is halted or modified to protect E. tiehmii ,

3175-472: Is greater. A widely used statistic supporting effectiveness of the Act is that 99 percent of listed species have not gone extinct. In 2012 the Center for Biological Diversity issued a report that surveyed a sample of 110 listed species and concluded that 90 percent of them were recovering "at the rate specified by their federal recovery plan." On the opposing side of the spectrum, a foundation associated with

3302-497: Is that, unlike the previous legislation, plants became eligible for listing. Section 12 directed the Smithsonian Institution "to review (1) species of plants which are now or may become endangered or threatened and (2) methods of adequately conserving such species, and to report to Congress, within one year after the date of the enactment of this Act, the results of such review including recommendations for new legislation or

3429-434: Is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of the United States described it as "the most comprehensive legislation for

3556-516: 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

3683-686: The Migratory Bird Conservation Act , a 1937 treaty prohibiting the hunting of right and gray whales, and the Bald and Golden Eagle Protection Act of 1940. Despite these treaties and protections, many populations still continued to decline. By 1941, only an estimated 16 whooping cranes remained in the wild. By 1963, the bald eagle , the U.S. national symbol, was in danger of extinction. Only around 487 nesting pairs remained. Loss of habitat, shooting, and DDT poisoning contributed to its decline. The U.S. Fish and Wildlife Service tried to prevent

3810-823: 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

3937-591: 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,

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4064-637: 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

4191-616: The United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). FWS and NMFS have been delegated by the Act with the authority to promulgate any rules and guidelines within the Code of Federal Regulations (CFR) to implement its provisions. Calls for wildlife conservation in the United States increased in the early 1900s because of the visible decline of several species.  One example

4318-399: The United States Fish and Wildlife Service and the National Marine Fisheries Service . In practice, recovery plans usually include population targets and "objective, measurable criteria" that would constitute adequate reduction of threats and provision of habitat protection" such that delisting (or down-listing from "endangered" to "threatened") would be warranted. The 1973 Act introduced

4445-666: 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;

4572-543: 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

4699-399: 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

4826-531: The 1972 ban of the pesticide DDT by the EPA , rather than the Endangered Species Act. Supporters of the Act argue that listing these species as endangered led to additional actions that were also crucial for species recovery (i.e., captive breeding, habitat protection, and protection from disturbance). Among the most difficult species to protect are mussels because they depend on adequate amounts of clean and flowing freshwater. Home to approximately 300 mussel species,

4953-487: The Act had become "a social, legal, and political battleground" and that "the scientific question of whether the ESA works effectively to protect species remains open." Specific challenges and long-term controversies are summarized in this section. Because the Act allowed species to be listed as endangered without consideration of the economic consequences, it soon became and continues to be controversial. Costs conferred on private landowners and various industries may come in

5080-409: The Act will be implemented have also changed through time. In recent years, U.S. presidential elections that greatly shift environmental priorities have culminated in regulatory shifts in endangered species management back and forth. Congressional elections also affect implementation of the Act via expansions or contractions in annual funding decisions for the agencies. A distinction of the 1973 Act

5207-536: The Act's outcomes and controversies. Congressional overturning of several recent listings and ability to hamper implementation by restricting agency funding were among the points mentioned by some media. In contrast, a foundation associated with the Western Caucus of U.S. senators and representatives issued a 116-page report in 2023 titled "The Endangered Species Act at 50", with a subtitle expressing its primary criticism that "a record of falsified recoveries underscores

National Forest Management Act of 1976 - Misplaced Pages Continue

5334-621: 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

5461-487: 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

5588-606: 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

5715-472: 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

5842-418: The ESA has been "weaponized," particularly against western states, constraining state government choices about the use of public lands. The case of the protracted dispute over the greater sage-grouse is one such example, and the spotted owl is another. In the extreme is the largely western saying pertaining to endangered animals, such as wolves: " shoot, shovel, and shut up ." Rep. Don Young (Alaska),

5969-526: The Endangered Species Act was enacted, Congress recognized that at any given time there were likely to be more species potentially eligible for listing than the Service could address through the rule-making process. As a result, Congress in 1979 directed the Service to develop a prioritization system that would enable it to determine which of the potentially eligible species should be considered first. The Service responded with listing priority guidance that established

6096-477: 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

6223-474: 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

6350-760: 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

6477-446: 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,

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6604-513: 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

6731-492: 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

6858-492: 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

6985-401: 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

7112-583: 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

7239-698: 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

7366-474: The Interior to acquire land or interests in land that would further the conservation of these species. The Department of Interior issued the first list of endangered species in March 1967. It included 14 mammals, 36 birds, 6 reptiles, 6 amphibians, and 22 fish. A few notable species listed in 1967 were the grizzly bear , American alligator , Florida manatee , and bald eagle . The list included only vertebrates at

7493-565: 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

7620-569: The Pacific leatherback sea turtle ; the Sacramento River winter-run chinook salmon ; the southern resident population of killer whale ; and the white abalone . Human activities are presented as the primary cause of extinction threats for all these species. The two implementing agencies have a combined record of changing species status from threatened to endangered on nine occasions, while the number of status improvements from endangered to threatened

7747-495: The State of California passed a law that prevented killing or removal of the western variety of Joshua tree wherever it was found. Climate change risk was a key factor in the determination. The Act distinguished two grades of species for listing: "endangered" and a lesser category called "threatened". An endangered species is in danger of extinction now; a threatened species faces such a threat in "the foreseeable future." The aim for

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7874-532: 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

8001-529: 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

8128-426: The Western Caucus of U.S. senators and representatives issued a 116-page report in 2023 that points to data and statements made by the U.S. Fish and Wildlife Service during the past half-century that can be interpreted as disputing proclamations of success. Specifically, statements of numbers of species "recovered" do not distinguish between those delisted owing to actual improvement in populations versus those for which

8255-464: 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

8382-451: 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

8509-479: 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

8636-623: 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

8763-615: 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

8890-435: The amendment of existing legislation." As a result, the first plant listings occurred in 1977. Fifty years later, significantly more species of plants were listed in the highest category (endangered) than animals: 766 plants and 486 animals. Historians attribute this new-found concern for imperiled plants to ongoing global treaty negotiations (especially in 1972 and 1973) toward what would eventually be adopted in 1975 under

9017-464: The arbiters of how numerical statements of extinction risk should be gauged in context of other kinds of national risks and priorities. In a multi-author report published in 2016, the Ecological Society of America explained how this kind of controversy develops: Any decision to list a species also requires a policy judgment regarding how much risk to that species is acceptable. Science can inform

9144-419: The best scientific and commercial data." This standard is used as a guideline to determine if a species is in danger of extinction. In 1972, President Nixon declared current species conservation efforts to be inadequate. He called on the 93rd United States Congress to pass comprehensive endangered species legislation. Congress responded with a completely rewritten law, the Endangered Species Act of 1973, which

9271-484: 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,

9398-534: 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

9525-475: The concept of what is now called "critical habitat" in only one brief passage. Section 7 required federal agencies to ensure that actions they authorized, funded, or carried out would not result in "the destruction or modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical." When the Act was amended in 1978, "critical habitat"

9652-633: 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

9779-523: The day played a prominent role in raising public awareness about the losses. For example, George Bird Grinnell highlighted bison decline by writing articles in Forest and Stream . To address these concerns, Congress enacted the Lacey Act of 1900 . The Lacey Act was the first federal law that regulated commercial animal markets. It also prohibited the sale of illegally killed animals between states ( interstate commerce ). Other legislation followed, including

9906-453: The decision by determining the degree of risk a species faces, but science alone cannot determine whether the risk is acceptable.... Stakeholders with divergent views about acceptable levels of extinction risk frequently mount legal challenges over whether species need to be listed, whether they are endangered or threatened, how much habitat represents a "significant portion" of a species' range, and other key elements of ESA implementation. Once

10033-439: 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

10160-454: The eastern region of the USA is the center of global diversity for these freshwater molluscs . However, 65 percent of them are threatened or endangered. The 1988 Congressional amendments to the Act included a new section, Section 18, to aid effectiveness evaluations by having each of the two implementing agencies periodically report cumulative federal funding (and, to some degree, state funding) on

10287-590: The enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In Tennessee Valley Authority v. Hill , the Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies,

10414-441: The endangered red-cockaded woodpecker . A study of some 1,000 privately owned forest plots within the range of the woodpecker found that when landowners observed pine growth maturing to a stage in which it might attract nesting woodpeckers, they were more likely to harvest – regardless of timber prices at the time. This is a form of intentional habitat destruction for avoiding economic consequences. Legislators have expressed that

10541-539: The environment." The Endangered Species Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). NMFS handles marine species , and the FWS has responsibility over freshwater fish and all other species. Species that occur in both habitats (e.g. sea turtles and Atlantic sturgeon ) are jointly managed. As amended, it consists of 18 sections. Key legal requirements include: The 1973 Act

10668-481: The extinction of these species. Yet, it lacked the necessary Congressional authority and funding. In response to this need, Congress passed the Endangered Species Preservation Act ( Pub. L.   89–669 ) on October 15, 1966. The Act initiated a program to conserve, protect, and restore select species of native fish and wildlife. As a part of this program, Congress authorized the Secretary of

10795-569: 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. Endangered Species Act The Endangered Species Act of 1973 ( ESA or "The Act"; 16 U.S.C. § 1531 et seq. )

10922-401: The form of lost opportunity or slowing down operations to comply with the regulations put forth in the Act. Notably, in 1978 the listing of a tiny fish (snail darter) shut down for several years construction of a dam that was already underway on the Little Tennessee River . More broadly, the requirement to consult with the relevant agencies on federal projects has at times slowed operations by

11049-531: 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

11176-731: 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

11303-424: The global need of lithium may begin to outweigh the supply, and potentially cause delays in technological advances that are aimed at reducing CO2 emissions. As of 2023, an aggregate of 1,780 species had been listed through the years as "endangered" or a less severe category of "threatened". While 99% of the total species are still alive, critics have pointed out that only 64 species improved enough to be removed from

11430-457: 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

11557-630: 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

11684-644: The law began, another 23 species have gone missing for so long that they have been proposed for official designation as extinct. The National Marine Fisheries Service lists eight species (or populations of a species) as among the most at risk of extinction in the near future. These animals are the Atlantic salmon ; the Central California Coast coho salmon ; the Cook Inlet beluga whale ; the Hawaiian monk seal ;

11811-510: The lesser category is to enable protective actions by federal agencies at an earlier time, such that the causes of population decline might be corrected before emergency concerns develop. Controversy also arises as to whether and what differences in recovery plan elements, and thus management policies and restrictions, should distinguish "threatened" from "endangered." The Act specifies the types of causes to be identified in species decline, any one of which might be severe enough to merit listing

11938-448: The list ("delisted"). Another 64 improved enough to be "downlisted" from endangered to threatened. Only 11 species have been declared extinct after they were listed, but another 23 species have gone missing for so long that they have been proposed for official designation as extinct. Some have argued that the recovery of imperiled flesh-eating birds (notably, the bald eagle , brown pelican , and peregrine falcon ) should be attributed to

12065-456: The list of protected species. While the 1966 Act only applied to 'game' and wild birds, the 1969 Act also protected mollusks and crustaceans . Punishments for poaching or unlawful importation or sale of these species were also increased. Any violation could result in a $ 10,000 fine or up to one year of jail time. Notably, the Act called for an international convention or treaty to conserve endangered species. A 1963 IUCN resolution called for

12192-552: The longest-serving Republican congressman, said in 2018, "As the one person in the Congress, the only one, that voted for the Endangered Species Act, please beat me with a whip." Some economists have stated that finding a way to reduce such perverse incentives would lead to more effective protection of endangered species. One suggestion for ending perverse incentives would be to compensate property owners for protecting endangered species, rather than having an endangered species regarded as

12319-592: 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

12446-462: 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

12573-604: 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

12700-532: 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

12827-410: The oil and gas industry, including exploration or development on federal lands rich in fossil fuels. One widely held opinion thus is that the protections afforded to listed species curtail economic activity. In the extreme, economic consequences can induce perverse incentives by which landowners actively curtail their lands from attracting endangered species. An example in the eastern USA pertains to

12954-424: The original population numbers were later found to have been greatly underestimated. Had the science been more in line with reality at the start, this report claims 36 of the 62 species reported by the agency as officially recovered would not have achieved listing at the outset. Controversy also develops when the science used to support a delisting decision differs from the numerical population thresholds included in

13081-426: 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

13208-576: The points of contention. Ultimately, federal authority over enforcement of endangered plant protections has centered on regulation of interstate commerce of such plants. This legal distinction for plants became controversial in practice when a group of citizens, Torreya Guardians , chose to help an endangered glacial relict plant, Florida Torreya , move to cooler poleward climates before conservation professionals were ready to begin their own experimentation with assisted migration of endangered species. Because movement of seeds and seedlings by this group

13335-642: The preservation of endangered species enacted by any nation". The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefore "protect[s] species and the ecosystems upon which they depend" through different mechanisms. For example, section 4 requires the agencies overseeing the Act to designate imperiled species as threatened or endangered. Section 9 prohibits unlawful 'take,' of such species, which means to "harass, harm, hunt..." Section 7 directs federal agencies to use their authorities to help conserve listed species. The Act also serves as

13462-465: 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

13589-637: 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

13716-768: 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

13843-399: The species as threatened or endangered. Also known as the "five factors", the set of possible causes entail: A key provision of the 1973 Act was that "preventing extinction" would no longer be sufficient. Rather, "recovery" of listed species, such that "delisting" could become possible, was now a stated goal. "Recovery plans" were now to be developed and published by the two agencies in charge:

13970-440: The species recovery plan. A 2012 court case upheld that the published recovery criteria are not legally binding for later delisting decisions. Listing of a species "triggers two overlapping types of conservation measures: extinction prevention and recovery actions." An official document required by the Act has come to be known as a recovery plan . The Act "gives few guidelines for their preparation and content and does not specify

14097-420: 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

14224-466: The time because of the Department of Interior's limited definition of "fish and wildlife." The Endangered Species Preservation Act was repealed by the Endangered Species Act of 1973. The Endangered Species Conservation Act of 1969 ( Pub. L.   91–135 ) amended the Endangered Species Preservation Act of 1966. It established a list of species in danger of worldwide extinction. It also expanded protections for species covered in 1966 and added to

14351-445: 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

14478-651: The timing of a petition to list a new species overlaps with plans for or initiation of a development project that could be impeded by such a listing. A news editorial marking the 50th anniversary of the Act suggested that "the ESA became the weapon of choice for environmental groups seeking to stop projects or tear down others. Lawsuits by the score have been filed over projects large and small, setting off ill feelings toward environmental groups." The Act points to science professionals as "solely" responsible for making extinction risk assessments. Governmental policies as shaped by various and changing public interests are necessarily

14605-400: The title, Convention on International Trade in Endangered Species of Wild Fauna and Flora ( CITES ). Prior to this time, attention to the conservation needs of native plants had been stalled by complications that do not pertain to animals. How to adequately distinguish plants illegally collected in the wild from plants propagated from seeds or cuttings taken from horticultural specimens was among

14732-469: The volume of outstanding petitions, induced Congress in 1982 to amend the Act by establishing deadlines for agency decisions. As of 2023, those deadlines still nominally apply, but in practice it is rare for a petitioner to approach the judicial system to force a decision before the agency is able to finish the job on its own timetable. In 2023, with the Endangered Species Act of 1973 (ESA) achieving its 50th anniversary, journalists were prompted to report on

14859-399: 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

14986-400: 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

15113-427: Was desired by Congressman John Dingell (D-Michigan) when he first proposed the idea of an "Endangered Species Act." Among the staff, Dr. Bertrand is credited with having written major parts of the Act, including the infamous "takings" clause, 16 U.S.C.   § 1538 . "We didn't know what we couldn't do," Dr. Bertrand has said about the Act. "We were doing what we thought was scientifically valid and right for

15240-504: 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

15367-413: Was given a definition and basic terms for how it would be determined and used. (As will be seen in the "Controversies" section, this provision was sometimes challenging to implement for both scientific and political reasons.) A review of the Act published in 2009 recounted the unavoidable problems that arose from granting opportunities even for citizens to submit petitions for species listing: Soon after

15494-477: Was noncommercial and based on horticulturally produced specimens, there was no legal apparatus to halt their actions. Another distinction is that, when an animal is listed as endangered or threatened, "taking" of that animal (by capture or killing) becomes a violation of the Act. For plants, "taking" occurs only within the boundaries of federal properties. Even so, states may choose to legislate and enforce prohibitions even on private lands, as occurred in 2023 when

15621-531: 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,

15748-475: 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

15875-495: Was signed by Nixon on December 28, 1973 ( Pub. L.   93–205 ). It was written by a team of lawyers and scientists, including Dr. Russell E. Train , the first appointed head of the Council on Environmental Quality (CEQ), an outgrowth of the National Environmental Policy Act (NEPA) of 1969. Dr. Train was assisted by a core group of staffers, including Dr. Earl Baysinger at EPA, Dick Gutting, and Dr. Gerard A. "Jerry" Bertrand,

16002-445: Was the near-extinction of the bison , which used to number in the tens of millions. Similarly, the extinction of the passenger pigeon , which numbered in the billions, caused concern. The whooping crane also received widespread attention as unregulated hunting and habitat loss contributed to a steady decline in its population. By 1890, it had disappeared from its primary breeding range in the north central United States. Scientists of

16129-590: 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

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