Legislation

Since 1891, several pieces of U.S. federal legislation led to the creation of the U.S. National Forest system.  Several others now govern how these forests are managed.

General Revision Act of 1891 – This Act reversed previous policy under which land fraud was easily committed.  It also helped to ensure the passing of the Forest Reserve Act of 1891.

Forest Reserve Act of 1891 – A one-sentence amendment to the General Revision Act of 1891 allowed the President of the United States to set aside forest reserves from the land in the public domain, to be managed by the Department of the Interior.

National Forest Commission of 1896 – As Congress considered changing the procedure for establishing federal Forest Reserves, the National Academy of Sciences conceived of and Congress funded this commission of seven men to recommend new Reserves.

Organic Administration Act of 1897 – Written with the intent of providing a “continuous supply of timber” from our National Forests.

Weeks Act of 1911 (“Organic Administration Act of the East”) – This legislation created eastern national forests, including the Allegheny National Forest in 1923.  It authorized the purchase of private land for stream flow protection and resulted in forest regeneration and a “continuous supply of timber” for our country.  Passing the Weeks Act article.    Weeks Act Video

1908 Act (“Good Neighbor Compact”)(Act of May 23, 1908″)(“25% Fund Act of 1908”) – Known by several names, this act created the 25% payment of timber receipts provision exclusively to benefit schools and roads in communities that host U.S. national forests.

Clarke-McNary Act of 1924 – Greatly expanded the Weeks Act, using cooperation and incentives to improve conditions on private forest land.  Fire and taxes were the primary components of the act.

McSweeney-McNary Research Act of 1928 – Legitimatized USDA’s experiment stations, authorized broad-scale forest research, and provided appropriations.

Emergency Conservation Work Program (the Civilian Conservation Corps or “CCC”) Law of 1933 – To provide immediate and useful work for millions of unemployed men and provide for the restoration of the country’s depleted natural resources and the advancement of an orderly program of useful public works projects.

Bankhead-Jones Farm Tenant Act of 1937 – Directs the Secretary of Agriculture to develop a program of land conservation and utilization to correct maladjustments in land use and thus assist such things as control of soil erosion, reforestation, preservation of natural resources and protection of fish and wildlife.

Lea Act of 1940 – Designed to unify and coordinate efforts to control the white pine blister rust problem.

Sustained Yield Management Act of 1944 – To promote sustained-yield forest management in order thereby (a) to stabilize
communities, forest industries, employment, and taxable forest wealth; (b) to assure a continuous and ample supply of forest products; and (c) to secure the benefits of forests in regulation of water supply and stream flow, prevention of soil erosion, amelioration of climate, and preservation of wildlife.  With future timber needs in mind and following the increased consumption in the early 1940’s due to WWII defense needs, this Act allowed the Forest Service to sign agreements with the timber industry and communities to establish either cooperative sustained yield units or federal units.

Forest Pest Control Act of 1947 – Recognized a Federal responsibility for forest insect and disease protection on all land ownerships, offering technical and financial assistance to State forestry agencies to control insects and disease outbreaks in forested areas.  This Act was amended in 1975 then repealed and replaced by provisions of the Cooperative Forestry Assistance Act  of 1978 (see below).

Multiple Use Sustained Yield Act of 1960 – Authorized multiple-use management of surface resources to best meet the needs of all Americans “with no use greater than another”.

Wilderness Act of 1964 – The Act created the Wilderness
Preservation System and immediately established 54 Wilderness Areas across the U.S.  It provides for adding new Wilderness Areas to the system and also gives guidance on how to manage a Wilderness Area, once established.  A Cheat Sheet for Demystifying The Wilderness Act.

National Historic Preservation Act of 1966 – Secures protection of archaeological resources and sites on public and Indian lands.

National Environmental Policy Act of 1970 – Promotes the enhancement of the environment and established the President’s Council on Environmental Quality.

Endangered Species Act of 1973 – Requires federal agencies to consult with the Fish & Wildlife Service and/or the NOAA Fisheries Service to ensure their actions are not likely to jeopardize the continued existence of any species in danger of extinction, or result in the destruction or adverse modification of designated critical habitat of such species.

National Forest Management Act of 1976 – This act amends the Forest and Rangeland Resources Planning Act of 1975 and recognizes that the management of the Nation’s renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time. Congress found that public interest is served when the Forest Service, USDA and other agencies assess the nation’s renewable resources and develop and prepare a national renewal resource and program that is periodically reviewed and updated.

Cooperative Forestry Assistance Act of 1978 – Revised the authority of the Forest Service to provide financial and technical assistance to states and private landowners on forestry issues (management and stewardship, fire protection, insect and disease control, reforestation and stand improvement.)  Amended by the 1990 farm bill (and subsequent bills), urban forestry is also included.

Forest Stewardship Act of 1990 – To provide for the establishment of a coordinated and cooperative Federal, State and local forest program for the management and enhancement of forest lands, and for other purposes.

Food, Conservation and Energy Act of 2008 (Farm Bill) – Contains new authorities for the Forest Service: Amends Cooperative Forestry Assistance Act of 1978; Cultural and Heritage Cooperation Authority; Amends the Lacey Act, establishes an Emergency Forest Restoration Program, and renews authority and funding for the Healthy Forest Reserve Program.

2012 Planning Rule   The National Forest Management Act of 1976 requires every national forest or grassland managed by the Forest Service to develop and maintain an effective Land Management Plan, also known as a forest plan. The process for the development and revision of plans, along with the required content of plans, is outlined in planning regulations, often referred to as the planning rule. Managers of individual forests and grasslands follow the direction of the planning rule to develop a land management plan specific to their unit.