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USFS Unveils New Planning Rules

lobsterdmb

Just a Lobster Minion
NAXJA Member
FOREST SERVICE: Agency unveils sweeping new planning rule
Phil Taylor, E&E reporter
Published: Thursday, January 26, 2012
The Obama administration today released a crucial new proposal that aims to protect wildlife while promoting recreation, logging, grazing and other uses on nearly 200 million acres of national forests.

The new planning rule will make land management on 175 national forests and grasslands cheaper, more efficient and less vulnerable to lawsuits, the administration said.

At the same time, the new guidelines will enhance collaboration between the Forest Service and the public and will require the use of the best available science to inform decisions, the agency said.

"The most collaborative rulemaking effort in agency history has resulted in a strong framework to restore and manage our forests and watersheds and help deliver countless benefits to the American people," said Agriculture Secretary Tom Vilsack. "Our preferred alternative will safeguard our natural resources and provide a roadmap for getting work done on the ground that will restore our forests while providing job opportunities for local communities."

The new planning rule -- which seeks to update 1982 guidelines and replace proposals since then that were thrown out in court -- is designed to make forests more resilient to threats like wildfire, pests, drought and other stressors. The rule will determine how forests and grasslands develop individual management plans, which govern activities from logging to recreation and the protection of endangered plants and animals.

The guidelines come as forests face new hazards from climate change and a surge in bark beetle attacks that have swept across states including Colorado, Montana, South Dakota and Wyoming.

The agency said about half of its 127 land management plans are more than 15 years old and are past due for updates. The new guidelines are expected to trim the planning process from about six years to as little as three and, in many cases, cut the cost in half, the agency said.

"Under our preferred alternative, plan revisions would take less time, cost less money, and provide stronger protections for our lands and water," said Forest Service Chief Tom Tidwell.

Vilsack said the final rule places a stronger emphasis on protecting forest waterways that supply roughly one-fifth of the nation's water supply and supports activities like fishing. Land managers will be required to identify watersheds for priority restoration, the agency said.

"We think this focus on water makes this planning rule somewhat unique from prior efforts," Vilsack said.

The new guidelines will also promote job-creating activities like timber thinning, invasive species removal and watershed restoration, which in turn will reduce the threat of catastrophic wildfires, insect attacks and other threats, the agency said.

The new rule also places a stronger emphasis on recreation, Vilsack said. Opportunities to hike, camp, fish and hunt draw some 170 million visits to the forests each year, a crucial economic driver in some communities.

The final rule will be closely watched by environmentalists, hikers, motorized users, loggers, miners and ranchers, all of whom share access to the nation's forests. Several sources today said they will need time to digest the rule before commenting.

The agency's draft rule a year ago drew more than 300,000 comments and was the subject of multiple congressional hearings (E&ENews PM, Feb. 10, 2011).
Some critics warned the draft rule was too wordy and included new environmental protections that could open the door to special-interest lawsuits (E&E Daily, Nov. 16, 2011). But conservationists said the draft rule lacked regulatory teeth, gave too much discretion to local forest managers and rolled back protections for streams and riparian areas (E&ENews PM, May 16, 2011).
"We hope that ecological, social and economic objectives are given equal weight in planning so that all of the needs of our citizens will be met by our federal forests," said Tom Partin, president of the American Forest Resource Council, in a statement this morning.

"We hope to see direction in the rule that forest plans provide direction to harvest timber for the many benefits it provides, including wood products, forest health and habitat diversity, and that timber management is not neglected in the planning process."

The agency said its final planning rule provides "strong support for vibrant rural communities" and requirements to consider a range of uses including timber, mining, grazing, energy and outdoor recreation.

Conservationists over the past year have warned the draft rule gives forest supervisors too much discretion to decide which species should be monitored for stronger protections.

Tom Franklin, director of policy and government relations for the Theodore Roosevelt Conservation Partnership, said resource monitoring is key if the Forest Service hopes to successfully implement adaptive management, which is designed to give managers the flexibility to modify projects as resource conditions change on the ground.

"They're giving tremendous authority to line officers," he said last June. "It appears the use of best available science is kind of optional in a sense. The line officer will determine when it is appropriate to use it."

While forest planners are required to use best available science in decisionmaking, such information must only be "taken into account and documented," rather than given a lead role in planning, the draft rule stated.

Still, many observers said the requirement to seek best available science could introduce legal challenges and increase the workload for responsible officials.

The agency said its new planning rule also requires officials to consider habitat to support hunting and fishing.

Link to the new planning rule: http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5270250.pdf
 
FOREST SERVICE: New planning rule draws mixed reviews
Phil Taylor, E&E reporter
Published: Thursday, January 26, 2012
Forest users and environmentalists are finding much to like -- and dislike -- about a sweeping Obama administration proposal that will govern planning for the nation's 193 million acres of forests.

Conservationists said the administration appears committed to strengthening protections for watersheds that supply drinking water to millions of Americans but expressed concern that the planning rule will allow some species to fall by the wayside.

Republican lawmakers who represent rural districts warned the plan will make it harder for the Forest Service to permit multiple uses such as timber, mining and grazing without falling prey to burdensome paperwork or lawsuits.

The new rule, which replaces a Reagan administration plan, will determine how forests develop individual management plans that govern activities from logging to recreation and the protection of endangered plants and animals.

The rule will make land management on 175 national forests and grasslands cheaper, more efficient and less vulnerable to lawsuits, Forest Service Chief Tom Tidwell said this morning (Greenwire, Jan. 26).
While stakeholders continue to pour over the rule's 373-page environmental impact statement, some appeared hopeful it will help restore forests suffering from decades of neglect.
"The Forest Service deserves credit for finally beginning to look at the forest and its waters in a new, holistic and sustainable way, by treating the causes rather than just the symptoms," said Kristen Boyles, an attorney for Earthjustice. "Though the devil is in the details -- in whether its water standards are actually enforceable and measurable, and in how this plan is implemented -- the Forest Service is heading in the right direction."

Her statement was echoed by Trent Orr, a staff attorney for Earthjustice in California, who said the agency has strengthened watershed protections but has failed to ensure species will remain plentiful. Orr said he hopes the agency will consider tweaking language in the rule before it is finalized in about a month.

"There is a lot of discretion about what they do and don't have to do to preserve species," Orr said. "There needs to be some solid standards about not just ecosystems but the species that make them up."

But Taylor McKinnon, public lands campaigns director for the Center for Biological Diversity, was less optimistic.

He credited the 1982 rule for including "strong, mandatory protections for fish and wildlife" that required the agency to monitor and maintain viable populations. He said the Obama rule would limit those protections to species "of conservation concern" to be decided by local forest supervisors.

"Today's rule is a step up from the Bush administration's rule, but its protections are still a far cry from Reagan-era regulations that the Forest Service has been trying to weaken for 12 years," McKinnon said in a statement. "In the face of unprecedented global climate change and other threats to species, the Forest Service should be trying to strengthen, not weaken, protections for wildlife on our public lands."

CBD, along with others, filed lawsuits challenging three prior attempts to update the planning rule in 2000, 2005 and 2008 -- all of which were rejected by the courts.

Some warned that even if the new rule survives the courts, it could provide ammunition for environmental groups to block timber harvests, off-highway vehicle access and grazing rights.

"These new Obama regulations introduce excessive layers of bureaucracy that will cost jobs, hinder proper forest management, increase litigation and add burdensome costs for Americans," said a statement by House Natural Resources Chairman Doc Hastings (R-Wash.), who along with 58 lawmakers last June sent a letter asking Agriculture Secretary Tom Vilsack to "redraft" the plan.
In an email alert to members, the BlueRibbon Coalition, an Idaho-based group that advocates for motorized access to forests, urged its members to review the rule.

"This is a high priority effort in which leadership in the department and Obama administration is heavily invested," said Ric Foster, manager of the group's public lands department. "We will soon know where public access and recreation stand among [Forest Service] priorities."

Tom Partin, president of the American Forest Resource Council, said federal law requires that the Forest Service manage for a diversity of plants and animals, while still allowing multiple uses.

"We hope to see direction in the rule that forest plans provide direction to harvest timber for the many benefits it provides, including wood products, forest health and habitat diversity and that timber management is not neglected in the planning process," Partin said in a statement.

USDA's Vilsack in a conference call with reporters this afternoon said the timber industry will be an integral partner in helping restore national forests. Timber thinning, invasive species removal and watershed restoration will help gird forests for the impacts of climate change, wildfire, insects and other threats, he said.

"Without that industry there is no way we are going to be able to do the work we need to do to restore these forests," Vilsack said.
 
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