Policies & Legislation

The Forest Service and other federal agencies are authorized to work in partnership and collaboration under a variety of laws and directives. As a result, these agencies work regularly with partners including tribes, states, federal agencies, nonprofits, businesses, and communities.

Resources on this page will help you understand various laws relevant to partnerships and collaboration. As cooperative conservation gains momentum and attention at the national level, these policies and laws continue to evolve.

Forest Service Laws and Policies

• Forest Service Partnership Authorities
  This comprehensive list of applicable agency and government-wide authorities is part of a Partnership Authorities Workgroup Report that analyzed partnership administration in the Forest Service.
• National Forest System Land Management Planning Rule
  The 2005 Planning Rule establishes a collaborative approach to development, amendment, revision, and monitoring of management plans for the nation’s forests and grasslands.
  • The Planning Rule incorporates an Environmental Management System model to improve adaptability, environmental performance, and accountability.
  • For more information, visit National Forest Planning website

• DRAFT Forest Service Partnership Enhancement Act (FSPEA-House Version)
  [PDF, 1 page]

  This bill would improve the Forest Service’s ability to work with a wide variety of cooperators by expanding, clarifying, and simplifying legal authority to enter into mutual benefit agreements. Two bills have been introduced into Congress with bipartisan support, H.R. 3818 and S. 2676. They are based on a proposal sent to Congress by the Administration. Additional resources:

  • Common questions and answers [PDF, 10 pages]
  • Short briefing paper [PDF, 1 page]

• Travel Management Rule for Off-Highway Vehicles (OHVs)
  Regulations issued in 2005 direct National Forests and Grasslands to work collaboratively with local and government stakeholders to specifically designate roads, trails, and other areas open to OHV use.
  • For more information, see the Forest Service OHV Program website.

• Roadless Area Conservation Rule
  In May 2005, the Secretary of Agriculture announced a final rule enabling states to collaborate with the Forest Service on management of inventoried roadless areas.
  • To learn more, visit the Forest Service Roadless Area Conservation website.
• See the Forest Service Policies and Projects web page for current information on other prominent land stewardship initiatives and laws.

Federal Laws and Policies

• Community Forest Restoration Act [PDF, 4 pages]
  This act establishes the Collaborative Forest Restoration Program (CFRP), a cost-sharing program to promote forest restoration projects on public land in New Mexico.
  • Multiparty monitoring is a key requirement of CFRP projects.
  • This act is Title VI of the " Secure Rural School and Community Self-Determination Act of 2000" (see below).
• Cooperative Conservation
  In 2004, President Bush issued an Executive Order on Cooperative Conservation. The order directs federal agencies to implement laws relating to the environment and natural resources in a manner that promotes appropriate inclusion of local participation in Federal decisionmaking
• Federal Advisory Committee Act of 1972 (FACA) (5 U.S.C. Appendix 2).
  FACA provides detailed rules for federal agencies working with collaborative groups and integrating their ideas into decisions. The intent of FACA is to ensure access for all citizens in agency policy decisions.
  • See The Partnership Guide to determine if FACA applies to a specific situation.
• Government-Wide Partnership Authorities
  This list describes government-wide and Forest Service-specific laws that authorize partnerships.
• Healthy Forests Initiative (HFI)
  HFI comprises a series of actions that President Bush has taken to expedite high-priority fuel-reduction and forest restoration projects in the nation's forests and rangelands.
  • HFI includes the Healthy Forests Restoration Act (see below).
  • HFI is a component of the National Fire Plan (see below).
• Healthy Forests Restoration Act (HFRA) of 2003 [PDF, 29 pages]. (Public Law 108-148)
  The purposes of HFRA are to reduce wildfire risk to communities, municipal water supplies, and at-risk federal land. HFRA emphasizes a collaborative process of planning, prioritizing, and implementing hazardous fuel reduction projects.
  • Communities that prepare a collaborative Community Wildfire Protection Plan are eligible for priority funding of hazardous fuels reduction projects.
  • HFRA encourages a multiparty monitoring and accountability process to measure [link to Monitoring and Evaluation page] ecological and social effects of projects.
• National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. s/s 4321 et seq.)
  NEPA requires public officials to make decisions based on an understanding of environmental effects. It provides guidelines for working with the public during the planning processes.
  • The Partnership Guide discusses how partnerships and collaborative efforts can be involved in NEPA processes.
• National Fire Plan
  The National Fire Plan is a long-term national commitment to manage the impact of wildland fire on communities and natural resources. It involves the collaboration of all levels of government and nongovernmental entities to restore ecosystems and reduce wildfire risks.
  • The National Fire Plan was initiated by the Secretaries of Agriculture and Interior at the request of President Clinton. It was supported by Congress in the FY 2001 Appropriations Act and other written direction.
  • 10-Year Comprehensive Strategy [PDF, 24 pages] outlines a collaborative framework for planning, decision making, and monitoring under the National Fire Plan.
  • An Implementation Plan accompanies the 10-Year Comprehensive Strategy. [PDF, 27 pages]
• Secure Rural Schools and Community Self-Determination Act of 2000 [PDF, 22 pages] (Public Law 106-393; also called “Payments to States”)
  This act addresses declines in revenues to counties as a result of decreased timber harvests on federal lands. It establishes Resource Advisory Committees, a mechanism for local community collaboration on certain types of projects. To learn more, see:
  • Forest Service Payments to States website
  • Forest Counties Payment Committee
• Stewardship Contracting
  The 2003 Appropriations Act (16 U.S.C. 2104 Note) [becky note new URL] provides the Forest Service and the Bureau of Land Management ten-year authority to enter into stewardship contracts and agreements.
  • Stewardship contracting is intended to promote collaborative working relationships with local communities, improve land conditions, and help develop sustainable rural economies.
  • Final agency direction became effective December 12, 2005.
• Tribal Forest Protection Act (TFPA) of 2004 [PDF, 5 pages] (H.R. 3846)
  This act establishes a process for tribes to work collaboratively with federal agencies to perform hazardous fuel reduction and forest health projects on federal lands adjacent to tribal lands.
  • For Forest Service directives on this act, visit Forest Service TFPA site.
• U.S. Department of Interior Partnerships Legal Framework
  This website explains in detail the legal authorities for partnerships in the Department of Interior and its agencies.

Legislative and Other Resources

• Red Lodge Clearinghouse provides in-depth information on laws such as the Clean Water Act, Clean Air Act, Endangered Species Act, and Federal Land Policy and Management Act.
• THOMAS World Wide Web System
  A service of the Library of Congress, this website makes federal legislative information freely available to the public.
  • Refer to Frequently Asked Questions to learn how to search for bills within the THOMAS web.
  • The Senate and House of Representatives websites provide current Congressional schedules and other information on legislative activities.
• U.S. Government Printing Office
  Disseminates official information from all three branches of the Federal Government.