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This summary of the Statutory, Regulatory, and Policy Authorities for activities on National Forest System Lands was prepared by Patricia Garvey-Darda, Wildlife Biologist, Cle Elum Ranger District, Okanogan-Wenatchee National Forest.


Statutory, Regulatory, and Policy Authorities for Activities on National Forest System Lands
Patricia Garvey-Darda


Specific direction concerning diversity is given in both the 1976 NFMA statute and implementing regulations of 1982. The NFMA provides statutory direction for managing the National Forest System to provide for diversity of plant and animal communities. Section 6(g)(3)(B) of the NFMA states:

The [planning] regulations shall include, but not be limited to . . . (3) specifying guidelines for land management plans developed to achieve the goals of the [RPA] Program which . . . (B) provide for diversity of plant and animal communities based on the suitability and capability of the specific land area in order to meet overall multiple-use objectives, and within the multiple-use objectives of a land management plan adopted pursuant to this section, provide, where appropriate, to the degree practicable, for steps to be taken to preserve the diversity of tree species similar to that existing in the region controlled by the plan.

To ensure an adequate consideration of diversity, the NFMA planning regulations (36 CFR 219) address diversity at several points. First, the regulations provide a definition of diversity to guide land and resource management planning:

36 CFR 219.3 Definitions and terminology. "Diversity: The distribution and abundance of different plant and animal communities and species within the area covered by a land and resource management plan."

Other sections of the NFMA regulations that specifically use the term "diversity" are:

36 CFR 219.26 Diversity. "Forest planning shall provide for diversity of plant and animal communities and tree species consistent with the overall multiple-use objectives of the planning area. Such diversity shall be considered throughout the planning process. Inventories shall include quantitative data making possible the evaluation of diversity in terms of its prior and present condition. For each planning alternative, the interdisciplinary team shall consider how diversity will be affected by various mixes of resource outputs and uses, including proposed management practices."

36 CFR 219.27 Management Requirements. "(a) Resource Protection. All management prescriptions shall-- . . . (5) Provide for and maintain diversity of plant and animal communities to meet overall multiple use objectives, as provided in paragraph (g) of this section; . . .(g) Diversity. Management prescriptions, where appropriate and to the extent practicable, shall preserve and enhance the diversity of plant and animal communities, including endemic and desirable naturalized plant and animal species, so that it is at least as great as that which would be expected in a natural forest and the diversity of tree species similar to that existing in the planning area. Reduction in diversity of plant and animal communities and tree species from that which would be expected in a natural forest, or from that similar to the existing diversity in the planning area, may be prescribed only where needed to meet overall multiple use objectives . . ."

FSM 2620 includes direction regarding habitat planning and evaluation, including specific forest planning direction for meeting biological diversity requirements:


"A forest plan must address biological diversity through consideration of the distribution and abundance of plant and animal species, and communities to meet overall multiple-use objectives.” (FSM 2622.01)


Specific direction concerning viability is provided in the 1982 NFMA implementing regulations at 36 CFR 219.19:

“Fish and wildlife habitat shall be managed to maintain viable populations of existing native and desired non-native vertebrate species in the planning area. For planning purposes, a viable population shall be regarded as one which has the estimated numbers and distribution of reproductive individuals to insure its continued existence is well distributed in the planning area. In order to insure that viable populations will be maintained, habitat must be provided to support, at least, a minimum number of reproductive individuals and that habitat must be well distributed so that those individuals can interact with others in the planning area.” (36 CFR 219.19)

The 1983 USDA Departmental Regulation 9500-4 provides further direction to the Forest Service, expanding the viability requirements to include plant species:

“Habitats for all existing native and desired non-native plants, fish, and wildlife species will be managed to maintain at least viable populations of such species. In achieving this objective, habitat must be provided for the number and distribution of reproductive individuals to ensure the continued existence of a species throughout its geographic range . . . Monitoring activities will be conducted to determine results in meeting population and habitat goals.”

Specific FSM direction, from 1986, concerning viability of plant and animal species includes:

“Management of habitat provides for the maintenance of viable populations of existing native and desired non-native wildlife, fish, and plant species, generally well-distributed throughout their current geographic range” (FSM 2622.01(2))

“Maintain viable populations of all native and desired non-native wildlife, fish and plant species in habitats distributed throughout their geographic range on National Forest System lands.” (FSM 2670.22(2))


Specific management requirements and direction concerning management indicator species is provided in the 1982 NMFA implementing regulations at 36 CFR 219.19, and in the Forest Service Manual 2600:

"In order to estimate the effects of each alternative on fish and wildlife populations, certain vertebrate and/or invertebrate species present in the area shall be identified and selected as management indicator species and the reasons for their selection will be stated. These species shall be selected because their population changes are believed to indicate the effects of management activities. In the selection of management indicator species, the following categories shall be represented where appropriate: Endangered and threatened plant and animal species identified on State and Federal lists for the planning area; species with special habitat needs that may be influenced significantly by planned management programs; species commonly hunted, fished, or trapped; non-game species of special interest; and additional plant or animal species selected because their population changes are believed to indicate the effects of management activities on other species of selected major biological communities or on water quality . . ." (36 CFR 219.19(a)(1))

"Planning alternatives shall be stated and evaluated in terms of both amount and quality of habitat and of animal population trends of the management indicator species". (36 CFR 219.19(a)(2))

"Population trends of the management indicator species will be monitored and relationships to habitat changes determined . . ." (36 CFR 219.19(a)(6))

“Habitat determined to be critical for threatened and endangered species shall be identified, and measures shall be prescribed to prevent the destruction or adverse modification of such habitat. Objectives shall be determined for threatened and endangered species that shall provide for, where possible, their removal from listing as threatened and endangered species through appropriate conservation measures, including the designation of special areas to meet the protection and management needs of such species." (36 CFR 219.19(a)(7))


Forest Service Manual direction concerning habitat planning is contained in 2620.
“1. Management Indicators. Plant and animal species, communities, or special habitats selected for emphasis in planning, and which are monitored during forest plan implementation in order to assess the effects of management activities on their populations and the populations of other species with similar habitat needs which they may represent.” (FSM 2620.5)

“Select management indicators for a forest plan or project that best represent the issues, concerns, and opportunities to support recovery of Federally-listed species, provide continued viability of sensitive species, and enhance management of wildlife and fish for commercial, recreational, scientific, subsistence, or aesthetic values or uses. Management indicators representing overall objectives for wildlife, fish, and plants may include species, groups of species with similar habitat relationships, or habitats that are of high concern.” (FSM 2621.1)

"Select ecological indicators (species or groups) only if scientific evidence exists confirming that measurable changes in these species or groups would indicate trends in the abundance of other species or conditions of biological communities they are selected to represent" (FSM 2621.1(3)).

"Document, in the permanent planning records for a forest plan, the rationale, assumptions, and procedures used in selecting management indicators" (FSM 2621.1(4))

"Document, within the forest or project plan, how management indicators collectively address issues, concerns, and opportunities for meeting overall wildlife and fish, including endangered, threatened, and sensitive species goals for the plan or project area". (FSM 2621.1(5))

“To preclude trends toward endangerment that would result in the need for Federal listing, units must develop conservation strategies for those sensitive species whose continued existence may be negatively affected by the forest plan or a proposed project. To devise conservation strategies, first conduct biological assessments of identified sensitive species. In each assessment, meet these requirements:
1. Base the assessment on the current geographic range of the species and the area affected by the plan or project. If the entire range of the species is contained within the plan or project area, limit the area of analysis to the immediate plan or project area. If the geographic range of the species is beyond the plan or project area, expand the area of analysis accordingly.
2. Identify and consider, as appropriate for the species and area, factors that may affect the continued downward trend of the population, including such factors as: distribution of habitats, genetics, demographics, habitat fragmentation, and risk associated with catastrophic events.”
3. Display findings under the various management alternatives considered in the plan or project (including the no-action alternative).
Biological assessments may also be needed for endangered or threatened species for which recovery plans are not available. See FSM 2670 for direction on biological assessments for endangered and threatened species.” (FSM 2621.2)

"In analyzing the effects of proposed actions, conduct habitat analyses to determine the cumulative effects of each alternative on management indicators selected in the plan or project area . . ." (FSM 2621.3)

“The forest plan must identify habitat components required by management indicators; determine goals and objectives for management indicators; specify standards, guidelines, and prescriptions needed to meet management requirements, goals, and objectives for management indicators. Prescribe mitigation measures, as appropriate, to ensure that requirements, goals, and objectives for each management indicator will be sufficiently met during plan implementation at the project level.” (FSM 2621.4)

"Conduct monitoring of plans and projects to determine whether standards, guidelines, and management prescriptions for management indicators are being met and are effective in achieving expected results. Use monitoring and evaluation to guide adjustments in management and to revise or refine habitat relationships information and analysis tools used in planning". (FSM 2621.5)

Specific direction concerning use of best available data is provided in the 1982 NFMA implementing regulations at 36 CFR 219.12(d):

“Each Forest Supervisor shall obtain and keep current inventory data appropriate for planning and managing the resources under his or her administrative jurisdiction. The Supervisor will assure that the interdisciplinary team has access to the best available data. This may require that special inventories or studies be prepared. The interdisciplinary team shall collect, assemble, and use data, maps, graphic material, and explanatory aids, of a kind, character, and quality, and to the detail appropriate for the management decisions to be made.”


Specific direction concerning use of information and scientific data is also provided in the NEPA implementing regulations at 40 CFR 1502.24:


“Agencies shall insure the professional integrity, including scientific integrity, of the discussions and analyses in environmental impact statements. They shall identify any methodologies used and shall make explicit reference by footnote to the scientific and other sources relied upon for conclusions in the statement. An agency may place discussion of methodology in an appendix.”