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Suit filed to overturn USFS planning rule
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August 22, 2012 |
The American Forest Resource Council and a group
of national and regional interests filed suit
last week in Washington, D.C. to overturn the
new federal Forest Service Planning Rule adopted
last April.
The complaint alleges that the new rule violates
the statutory requirements Congress has given
the agency to prepare forest plans to provide
for multiple uses of outdoor recreation, range,
timber, watershed, and wildlife and fish.
The rule, says the complaint, instead elevates
the “vague concepts” of “ecological
sustainability” and “ecosystem services” such as
carbon storage and spiritual values above all
else which will lead to years of lawsuits over
new forest plans and forest management projects.
“This is the latest in a series of failed
attempts by the Forest Service to write a
planning rule consistent with Congressional
intent and the National Forest Management Act in
1976,” said Tom Partin, AFRC president.
“Especially in the area of ‘species viability’
the statutory direction is to manage our
national forests for multiple use, sustained
yield and a diversity of species habitats, not
to manage exclusively towards benefiting one or
two species at the cost of all else.”
“We are disappointed that the Rule abandons the
Forest Service’s hard fought legal victories
which held that judges are to defer to the
professional expertise of the local forest
managers experienced with local conditions. It
is frustrating that the rule undermines local
on-the-ground knowledge by imposing a new ‘best
science’ requirement over which no one, not even
scientists, can ever agree,” Partin said.
In March, Agriculture Secretary Tom Vilsack
announced the U.S. Department of Agriculture’s
final Planning Rule for America’s 193-million
acre National Forest System that he said
includes stronger protections for forests,
water, and wildlife while supporting the
economic vitality of rural communities.
This final rule – which followed USDA’s February
3 publication of the Programmatic Environmental
Impact Statement – replaced the 1982 rule
procedures currently in use, and provides a new
framework to be used for all individual
management plans for 155 national forests and
grasslands across the country.
Over half of Forest Service units are currently
operating with plans that are more than 15 years
old, the USDA said in March.
“This new rule provides the framework we need to
restore and manage our forests and watersheds
while getting work done on the ground and
providing jobs,” said Vilsack. “The
collaboration that drove this rulemaking effort
exemplifies the America’s Great Outdoors
initiative to foster conservation that is
designed by and accomplished in partnership with
the American people.”
USDA and Forest Service officials said they
“carefully considered over a quarter million
comments received on the proposed rule and draft
environmental impact statement issued in
February to develop the final rule, which
emphasizes collaboration, sound science and
protections for land, water and wildlife.”
They say “the final rule strengthens the role of
public involvement and dialogue throughout the
planning process. It also requires the use of
the best available scientific information to
inform decisions.”
Land management plans under the final rule
includes:
--Mandatory components to restore and maintain forests and
grasslands.
--Requirements to provide habitat for plant and animal diversity
and species conservation. The requirements are
intended to keep common native species common,
contribute to the recovery of threatened and
endangered species, conserve proposed and
candidate species, and protect species of
conservation concern.
--Requirements to maintain or restore watersheds, water resources,
water quality including clean drinking water,
and the ecological integrity of riparian areas.
--Requirements for multiple uses, including outdoor recreation,
range, timber, watershed, wildlife and fish.
--Requirements to provide opportunities for sustainable recreation,
and to take into account opportunities to
connect people with nature.
--Opportunities for public involvement and collaboration throughout
all stages of the planning process. The final
rule provides opportunities for tribal
consultation and coordination with state and
local governments and other federal agencies,
and includes requirements for outreach to
traditionally underrepresented communities.
--Requirements for the use of the best available scientific
information to inform the planning process and
documentation of how science was used in the
plan.
--A more efficient and adaptive process for land management
planning, allowing the Forest Service to respond
to changing conditions. |
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