Evolution of a Legal and Policy Framework for Ecosystem

Management

NR 205 –Ecosystem Management

Fall 2005

USFS NPS BLM USFWS

Early/ formative period

WWII to late 1960s

1960s to early 1990s

Early 90s to present

Ecosystem Management EM means different things to different agencies and the agencies have gotten to this point by following very different paths. But they now share at least some goals and objectives

Environmental Environmental Management Policies and Management Policies and

ApproachesApproaches How is natural resources How is natural resources

management done in the United management done in the United States?States?

Who does it? What are their legal Who does it? What are their legal mandates?mandates?

Can we approach ecosystem Can we approach ecosystem management through existing management through existing mandates and management mandates and management practices?practices?

Land Tenure (Ownership) in Land Tenure (Ownership) in the United Statesthe United States

  1.  Public1.  Public

FederalFederal StateState CountyCounty MunicipalMunicipal

2.  Private2.  Private CorporateCorporate NGO (land trusts, etc.)NGO (land trusts, etc.) IndividualsIndividuals

3.  Tribal 3.  Tribal these are sovereign lands these are sovereign lands  Federal government administers nearly 1/3 of all Federal government administers nearly 1/3 of all

U.S. landsU.S. lands

Federal LandsFederal Lands

Agency Acres Managed (in millions)

Bureau of Land Management 264

Forest Service 191

Fish and Wildlife Service 93

National Park Service 84

Department of Defense/Army Corps of Engineers

12

Estimated Worth > $65 Estimated Worth > $65 billion for the land itselfbillion for the land itself

Federal agencies rival Fortune 500 Federal agencies rival Fortune 500 companiescompanies No. employees (about 46,000 combined)No. employees (about 46,000 combined) Budget (about $3.5 billion combined)Budget (about $3.5 billion combined)

ProductionProduction ¼ of all lumber consumed in US¼ of all lumber consumed in US 150-175 million barrels of oil150-175 million barrels of oil 60 million tons of coal60 million tons of coal 75% grazing land for US livestock75% grazing land for US livestock 500,000 visitor days recreation500,000 visitor days recreation

Reflects history of federal Reflects history of federal Land acquisition and Land acquisition and

transfertransfer Major land purchases in 1800s    Major land purchases in 1800s    Louisiana purchase Louisiana purchase Oregon compromiseOregon compromiseMexican-American WarMexican-American War Alaska purchase Alaska purchase

These resulted in > 2 billion acres added to federal These resulted in > 2 billion acres added to federal ownershipownership

Period of TransfersPeriod of TransfersHomestead Act of 1862Homestead Act of 1862Transfers to States (land-grant colleges, schools, Transfers to States (land-grant colleges, schools,

township tractstownship tractsTransfers to RailroadsTransfers to Railroads

Checkerboard Lands

Result was checkerboard Result was checkerboard pattern of land ownership pattern of land ownership

in the westin the west Active retention of land for National Parks, Active retention of land for National Parks,

beginning with Yellowstone in 1872beginning with Yellowstone in 1872 Creation of the “Forest Reserves”Creation of the “Forest Reserves”

To prevent the scarcity of wood and to promote To prevent the scarcity of wood and to promote better water management (reduce floods and better water management (reduce floods and landslides)landslides)

Forest Reserve Act of 1891Forest Reserve Act of 1891 President can reserve land from homesteading President can reserve land from homesteading

(DOI)(DOI) By 1896, 39 million acres preserved by Harrison By 1896, 39 million acres preserved by Harrison

and Clevelandand Cleveland But what is this land for?But what is this land for?

U.S. Forest ServiceU.S. Forest Service Organic Act of 1897Organic Act of 1897

Stated purposes for the Forest Reserves:Stated purposes for the Forest Reserves:1.1. To preserve and protect the forest in the To preserve and protect the forest in the

reservereserve2.2. To secure favorable conditions of water flowTo secure favorable conditions of water flow3.3. To furnish a continuous supply of timber for the To furnish a continuous supply of timber for the

use and necessities of the people of the USuse and necessities of the people of the US Specified harvest of “dead, matured or Specified harvest of “dead, matured or

large growth trees”large growth trees” Set up basic administrative structure of FS Set up basic administrative structure of FS

– Forest Supervisor and Forest Rangers on – Forest Supervisor and Forest Rangers on sitesite

U.S. Forest ServiceU.S. Forest Service

Transfer Act of 1905Transfer Act of 1905 Moved Forest Reserves to the Department Moved Forest Reserves to the Department

of Agricultureof Agriculture Name change to “National Forests” in 1907Name change to “National Forests” in 1907

Weeks Act of 1911Weeks Act of 1911 Gave President authority to purchase Gave President authority to purchase

private land in the eastern US for National private land in the eastern US for National ForestsForests

Not much wood cut on USFS land till Not much wood cut on USFS land till after World War II – building boomafter World War II – building boom

National Forest System Lands

Indian Tribes of the U.S. Indian Tribes of the U.S. NorthwestNorthwest

U.S. Forest ServiceU.S. Forest Service

Multiple Use Multiple Use Sustained Yield Sustained Yield Act (MUSY) Act (MUSY) 19601960

U.S. Forest ServiceU.S. Forest Service Multiple Use Sustained Yield Act (MUSY) 1960Multiple Use Sustained Yield Act (MUSY) 1960

1.1. Defined uses permitted on forests – timber, watershed Defined uses permitted on forests – timber, watershed protection, outdoor recreation, range, wildlife, fishprotection, outdoor recreation, range, wildlife, fish

2.2. Balance competing uses in relation to their relative Balance competing uses in relation to their relative valuesvalues

3.3. Defined multiple use as “management of all the Defined multiple use as “management of all the various renewable surface resources of the National various renewable surface resources of the National Forests so that they are utilized in the combination Forests so that they are utilized in the combination that will best meet the needs of the American that will best meet the needs of the American people…”people…”

4.4. Defined sustained yield as “achievement and Defined sustained yield as “achievement and maintenance in perpetuity of a high level annual or maintenance in perpetuity of a high level annual or regular periodic output of various renewable regular periodic output of various renewable resources of the national forests without impairment resources of the national forests without impairment of productivity of the land.”of productivity of the land.”

U.S. Forest ServiceU.S. Forest Service Wilderness Act 1964Wilderness Act 1964

Applies to all Federal land, not just FS land.Applies to all Federal land, not just FS land. Wilderness defined as “lands that retain their Wilderness defined as “lands that retain their

primeval character.”primeval character.”

Originally 9.1 million acres includedOriginally 9.1 million acres included Today there are 105. 8 million acres. Today there are 105. 8 million acres.

Alaska contains 58.2 million acres, or Alaska contains 58.2 million acres, or about 56% of the system.about 56% of the system.

4.4% of the continental United States is 4.4% of the continental United States is protected as Wilderness. protected as Wilderness. 

National Wilderness Preservation SystemNational Wilderness Preservation System

VT and NH VT and NH Wilderness Wilderness AreasAreas

U.S. Forest ServiceU.S. Forest Service

Resources Planning Act 1974Resources Planning Act 19741.1. Required an assessment of supply and Required an assessment of supply and

demand for timberdemand for timber

2.2. Required cost-benefit analysis, Required cost-benefit analysis, incorporated into a 5-year plan for incorporated into a 5-year plan for each foresteach forest

3.3. Resulted in “output targets” for each Resulted in “output targets” for each National Forest; established in National Forest; established in WashingtonWashington

U.S. Forest ServiceU.S. Forest Service National Forest Management Act 1976National Forest Management Act 1976

1.1. Reaffirmed multiple use, added Reaffirmed multiple use, added “wilderness”“wilderness”

2.2. Defined sustained yield as “nondeclining Defined sustained yield as “nondeclining even flow”even flow”

3.3. Required each forest to prepare a 50-year Required each forest to prepare a 50-year multiple use planmultiple use plan

4.4. Required FS to develop regulations to Required FS to develop regulations to guide forest planning, including guidelines guide forest planning, including guidelines for determining where clearcutting is an for determining where clearcutting is an appropriate management strategyappropriate management strategy

U.S. Forest ServiceU.S. Forest Service

Planning ProcessPlanning Process1.1. Identification of issues, concerns, and Identification of issues, concerns, and

opportunities (ICOs)opportunities (ICOs)

2.2. Public inputPublic input

3.3. Inventory of resources, analysis of the Inventory of resources, analysis of the capacity of the landcapacity of the land

4.4. Formation of alternatives, more public Formation of alternatives, more public inputinput

5.5. Selection, implementation, periodic Selection, implementation, periodic updatesupdates

1980s1980s National Forests developed their National Forests developed their Land and Land and Resource Management PlansResource Management Plans – many lawsuits over – many lawsuits over thesethese

  

RARE I and RARE II roadless areaRARE I and RARE II roadless area inventories. LRMPs inventories. LRMPs recommended additional wilderness areasrecommended additional wilderness areas

  

Late 1980s – New PerspectivesLate 1980s – New Perspectives: an early attempt at : an early attempt at ecosystem management but based solely on “structural ecosystem management but based solely on “structural retention” within logging units.retention” within logging units.

  

1990s development and then adoption of a 1990s development and then adoption of a U.S. Forest U.S. Forest Service ecosystem management policyService ecosystem management policy nation-wide nation-wide

1999 USDA Committee of Scientists1999 USDA Committee of Scientists recommendations on recommendations on sustainabilitysustainability

  20002000 Clinton Administration releases an across the board Clinton Administration releases an across the board revision revision

of planning and management regulationsof planning and management regulations based on concepts based on concepts of sustainability and ecosystem management of sustainability and ecosystem management

  20002000 Clinton Administration releases Clinton Administration releases roadless areas policyroadless areas policy

protecting all remaining RARE II roadless areas. Restoration and protecting all remaining RARE II roadless areas. Restoration and fire hazard reduction (thinning and prescribed burning) allowed fire hazard reduction (thinning and prescribed burning) allowed within roadless areas under this policy.within roadless areas under this policy.

  2001-2004 2001-2004 Bush Administration halts implementation of new Bush Administration halts implementation of new

regulations and reverses roadless area policy pending a review. regulations and reverses roadless area policy pending a review. Justice department chooses not to defend the roadless area Justice department chooses not to defend the roadless area policy in court. 2006 – Clinton roadless area policy upheld by policy in court. 2006 – Clinton roadless area policy upheld by courtscourts

Present Present Now pursuing a forest-by-forest planning approach that Now pursuing a forest-by-forest planning approach that “takes into account local concerns.” Environmental groups and “takes into account local concerns.” Environmental groups and some academics (e.g. Yaffee) claim this is a reversion to 1970s some academics (e.g. Yaffee) claim this is a reversion to 1970s style planning and a movement away from ecosystem style planning and a movement away from ecosystem management.management.