National Forest Management Act
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Volume 26, Number 2 May 2014 National Forest Management Act By John R. McGuire, Chief U.S. Forest Service Editor’s Note: Forty years ago Forest Service au- thority to sell timber sales was in jeopardy because of the November 1973 Federal Court ruling in the case of Izaak Walton League v. Butz, that said the Forest Service was in violation of the Organic Act of 1897. In August 1975, the decision was upheld by the Fourth Circuit Court of Appeals. One week later, the Chief of the Forest Service ordered timber sales stopped on nine National Forests in North Carolina, South Carolina, Virginia and West Virginia. The 1976 National Forest Management Act (NFMA) was a direct result of this lawsuit. NFMA re- sulted in fundamental changes in the administration of National Forests. Forest Plans replaced multiple use and functional plans. It is timely after almost 40 years to look back at Chief McGuire’s 1976 Journal of Forestry article on the National Forest Management Act so our readers can assess how implementation has evolved over time. caused by the famous - or infamous - Monongahela decision evolved through the legislative process into the strongest policy direction Congress has ever he 88th Congress is sometimes referred to as the provided on national forest management. Senator T "Conservation Congress" for the Wilderness, Hubert Humphrey said of this legislation "It represents Land and Water Conservation Fund and other conservation a milestone in federal policy toward management of measures it legislated. The 94th Congress may similarly our vast National Forest System, presenting a sound become noted as the "Natural Resource Policy Congress" because of the significant natural resource policy legislation it enacted in its closing days. With the National Forest Management Act of 1976, and also with the Federal Readers Experiences Wanted Land Policy and Management Act, the Agricultural Resources Conservation Act (later vetoed by President The Museum is seeking short responses from Ford) and the Payments-in-Lieu-of-Taxes Act, the 94th people willing to write about their own experiences Congress dealt quite substantially with a number of working with the NFMA. What worked, what didn’t, important resource policy issues. mistakes made, and whether it helped lead to The National Forest Management Act is a landmark in Forest Service "gridlock." Please email responses the history of the nation's natural resource legislation. to [email protected] What started out as a solution to timber sale problems See NFMA, page 4 National Museum of Forest Service History Museum News A Nonprofit Corporation By Dave Stack, Executive Director P.O. Box 2772 Missoula, MT 59806-2772 Phone: 406-541-6374 Keeping the Museum organization functioning and responsive to the needs of the Fax: 406-541-8733 Board and membership requires substantial effort on part of Administrative Assistant E-mail: Suzanne Gillespie and myself. There is steady flow of information requests from [email protected] members and the public. There are frequent conference telephone calls with Web Site: committees and Regional Directors. www.nmfs-history.net Membership income over the past three years covers about 35% of total operating Board of Directors expenses. Insurance, Society of American Foresters Convention and administrative President, Gray Reynolds assistant salary are “fixed costs” in addition to the registration and audit expense Vice-President, Dave Stack explained below. Treasurer, Mike Paterni Secretary, Beryl Johnston Financial Audit and IRS 990 Report --- Annually the Museum hires a Missoula CPA firm, JCCS, to audit our financial records and prepare the IRS 990 Form. Steven Anderson Phil Aune Suzanne pulls together and organizes the financial records for the auditors. This in- Dick Bacon cludes obtaining financial records from our four affiliates — Friends of Ninemile, Larry Craig OTO, Darby and Upper Rock Creek. The 990 is a 36-page report of our financial Arnie Didier activities to the Internal Revenue Service. The 990 has grown in complexity as a re- John Drake sult of fraudulent conduct a few nonprofits. This is a significant annual cost to the Larry Gadt Museum --- $8,400. Both documents are open to the public. Jim LaBau State Registration --- Many States have regulations requiring registration of non- Lyle Laverty profits conducting fundraising in the State. Registration usually requires filing a Douglas Leisz report, paying a fee and providing copies of our financial audit and 990 Form. Until Patricia Limerick Pat Lynch 2014, we hired Labyrinth, Inc. to prepare and file the paperwork. Suzanne is taking on Jim Marsh registration of 20 states this year as a cost saving measure. Max Peterson Conservation Education Program --- We are beginning to develop a grant appli- Tom Pettigrew cation to support obtaining professional expertise to develop a Conservation Education Mark Rey Program. I have recruited Fletcher Brown, Associate Professor, College of Education, Tony Schoonen University of Montana and Alanna Vaneps, Curriculum Coordinator of the Missoula Lynn Sprague County Public Schools to work with the Museum to develop a grant application that Tom Thompson meets curriculum standards and utilize the Museum’s repository collection of objects, George Bain, Ex-officio photographs, papers and published materials in the education lessons. Vacant, Ex-officio Friends of Upper Rock Creek —- This group is assisting the Lolo National Newsletter Editor Forest in the preservation and maintenance of three historic back country cabins. The Dave Stack public can rent two of the cabins. As an affiliate of the Museum, donations for the The Newsletter is published Friend’s projects are given as designated funds to the Museum and are tax deductible. quarterly for the members and The Museum provides accounting and financial management for this Friends group. supporters of the National Mu- Work of affiliates is another way the Museum supports the Forest Service. Twelve seum of Forest Service History, a volunteers from points between Colorado and Oregon are working for one week this non-profit corporation dedicated month. See photographs on page 3. to preserving the history of the Forest Service and conservation. Social Media Membership Dues Student $15 Scott Hawk, Communications Direc- Let's Get Social! Individual $30 tor, has developed very interesting Face- Family $55 Contributing $150 book and Twitter pages. There are many Sustaining $300 photos from the archives with captions and interesting links to Forestry and Copyright © 2014 Conservation news. Like us on Facebook and Check it Out! follow us on Twitter 2 Affiliate —- Friends of Upper Rock Creek Work Projects May 2014 Ali Warren from Colorado and Pete Warren from New Rug Purchased Oregon—Clean Pine Straw from Rain Gutters. Hogback Homestead A Father Daughter Team. Fernow Experimental Forest At 80 Years Still Shedding Light on the Future Fernow Experimental Forest was signed into being on “Research has always been a linchpin for the Forest March 28, 1934, the research questions it was established to Service to effectively achieve its mission,” said Michael T. address – water quantity, water quality, and timber quality – Rains, Director of the Northern Research Station and the said a lot about the nation’s circumstances. Most of the Forest Products Laboratory. “America’s forests provide country was withering under a drought that would scorch essential goods and services that we rely on, from forest on for several more years, and eastern forests were begin- products to clean water and air to open space for all to en- ning to rebound from exploitive logging that had ended just joy. Count on Forest Service research to remain a vital part a couple of decades earlier. of keeping our rural and urban forests healthy, sustainable and more resilient to disturbances now and for future gen- erations.” Research at Fernow has: Led to a better understanding of traditional forest man- agement practices and to the development of new tech- niques for managing forests in the Central Appalachians, including two-age management and the use of prescribed fire to sustain mixed-oak forests. Demonstrated that acid deposition in precipitation has been influencing forested ecosystems for decades and also has provided evidence that the Clean Air Act has improved water quality in the Central Appalachians. Originally a 3,640-acre experimental forest within the Showed that proper use of best management practices Monongahela National Forest, in 1974 the Fernow was can reduce erosion and sedimentation of streams associ- expanded to include 4,600 acres. The forest, which is ated with many forest management actions. named in honor of Bernhard Fernow, a pioneer in American forestry, is one of 80 experimental forests and ranges estab- As part of the national experimental forest network, lished in the United States since 1908. answered transcontinental questions about ecosystem properties related to climate change. 3 NFMA, continued from page 1 was on even-aged versus all-aged management, and whether the legislation should prescribe silvicultural practices for the resource manager. The Randolph - Brown bills, supported by some environmentalists, would have dictated a number of silvicultural practices, particularly the use of uneven-aged management in the eastern hardwood forests. However, there was really not much support for prescription by legislation, and it never became a major point of debate. Regulation of cut. -- This issue proved to be the most difficult of the forest policy issues for the Congress to try to resolve. It was upon this point that the legislation almost faltered and was saved only by compromise in the final moments. The rate of liquidation of the large inventory of old-growth timber in the national forests is indeed a policy Frank Mountain Timber Sale, 23 Acre Clearcut question, although it has many technical aspects. The Monongahela NF, 1985, Post Controversy. nondeclining even flow policy of the Forest Service has been widely criticized by those who believe it has resulted in a balance between protections of the environment on the one liquidation rate that is either too fast or too slow.