Section 1604 - National Forest System land and resource management plans

2 Analyses of this statute by attorneys

  1. Conservation Plans for Old-Growth Forests May Affect National Forest Permitting

    Holland & Hart LLPJanuary 4, 2024

    , can be denied if they are inconsistent with the governing plan. If the Forest Service’s proposal is implemented, these amendments could require permittees to (1) engage in increased monitoring and reporting requirements; (2) be subject to access closures where the Forest Service identifies threats and stressors to mature and old-growth forests; and (3) increase tribal consultation obligations.The Forest Service currently seeks scoping comments for the environmental impact statement drafting process. Stakeholder comments should focus on identifying modifications to the Forest Service’s language, alternatives, or identifying any information relevant to impacts to the environment. Scoping comments are most valuable to the Forest Service if received by February2, 2024.16 Stakeholders can expect a proposed action and draft environmental impact statement in May 2024, followed by a final environmental impact statement in January 2025.171See 88 Fed. Reg. 88042, 88042-43 (Dec. 20, 2023).2See 16 U.S.C. § 1604(a)-(i).3 36 C.F.R. § 219.7.4 36 C.F.R. § 219.15.5 36 C.F.R. § 219.7(e)(1)-(2); see also USDA–Forest Service, A Citizen’s Guide to National Forest Planning at 19-21 (2016), available athttps://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd520671.pdf.6 USDA–Forest Service & DOI–Bureau of Land Management, Mature and Old-Growth Forests: Definition, Identification, and Initial Inventory on Lands Managed by the Forest Service and Bureau of Land Management at 5-6 (2023), available athttps://www.fs.usda.gov/sites/default/files/mature-and-old-growth-forests-tech.pdf.7 88 Fed. Reg. at 88047-48.8Id. at 88047.9Id.10Id.11Id.12Id. at 88044.13See, e.g., Murray Feldman & Hadassah Reimer, Ecological Succession of National Forest Planning Regulations, Natural Resources & Env’t, Winter 2019, at 8-11.14See, e.g., Murray Feldman, Angela Franklin, & Kaitlyn Luck, Conserving America the Beautiful: The 30-by-30 Goal and Its Historical Roots, Natural Resources & Env’t, Spring 2022, at 1-5.15 16 U.S.C. § 1604(i);

  2. CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

    Perkins Coie LLPApril 18, 2013

    NFMA similarly requires the Forest Service to issue “land and resource management plans” for units of the national forest system. 16 U.S.C. § 1604. Under the MLA, 30 U.S.C. §§ 181 et seq., BLM has authority to manage oil and gas resources on both BLM-managed public lands and Forest Service-managed national forests.