Thursday, June 17, 2010
Congressionally Designated Special Management Areas in the National Forest System
Ross W. Gorte
Specialist in Natural Resources Policy
Congress authorized the President to reserve public forests to protect the lands and resources. The many presidential proclamations and subsequent land purchases have led to the current National Forest System. These lands are managed to balance the many purposes and values under the Multiple Use-Sustained Yield Act of 1960 through an interdisciplinary planning process, with public involvement, under the National Forest Management Act of 1976.
Congress has also designated many specific national forest areas to emphasize particular values or resources, and continues to consider legislation to designate additional specially managed areas within the national forests. Congress has established two systems of areas with statutory guidelines for all areas. The National Wilderness Preservation System has many units, with general management guidelines that apply to all: no permanent roads or structures; no commercial enterprises; and no motorized or mechanical access. However, the 1964 Wilderness Act that created the Wilderness System and many subsequent wilderness statutes have also included numerous exceptions to these standards for specific areas. The other system is the Wild and Scenic Rivers System, with general management direction for the corridors identified along designated rivers.
In addition, Congress has designated at least 97 individual areas within the National Forest System, and continues to consider more such designations. The Omnibus Public Land Management Act of 2009, for example, designated 10 special areas among its many provisions. While many of the designations are unique, the areas can generally be grouped into six categories: national monuments (6, including one administrative designation); recreation areas (26); scenic areas (11); game refuges (6); protection areas (38); and other (11).
While the statutes designating these 97 areas differ, many provisions are found in multiple statutes. Common administrative provisions include findings of the importance and uniqueness of the area; purposes for administration of the area; designation of the area, often with references to maps and boundaries; applicable law, with most making the provisions supplemental to the management guidance for national forests generally; a management plan for the area; an advisory committee for the area or the plan; authorization of land acquisition; and withdrawal of the area from the public land laws. Less common administrative provisions include requiring regulations for the area; explicitly allowing inholder access; prohibiting buffer zones around the area; retaining most state and local governance provisions; and authorizing appropriations.
There are also three common resource management provisions in the many statutes designating special areas: withdrawal of the area from mining and mineral leasing laws, subject to valid existing rights; timber harvesting restrictions, often with exemptions for fire, insect, or disease control; and fish and wildlife management, generally preserving state responsibilities and jurisdiction, allowing fishing and hunting, and authorizing area or period closures for various purposes, in consultation with state officials. Less common resource management provisions include limitations on motorized access; authority for fire, insect, and disease control actions; continued livestock grazing; authority for low-level military overflights; and directions on water use and water rights.
Date of Report: June 11, 2010
Number of Pages: 78
Order Number: R41285
Price: $29.95
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