36 C.F.R. § 200.3

Forest Service functions

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(a) Legislative authority. The basic laws authorizing activities of the Forest Service are set forth in the U.S.C. in title 7 (Agriculture), chapters 14, 17, 33, 55, 59, and 61; title 16 (Conservation), chapters 2, 3, 4, 5C, 6, 23, 27, 28, 30, 36, and 37; title 29 (Labor), chapter 17; and title 43 (Public Lands), chapters 22 and 35.

(b) Work of the Forest Service. Under delegated authority from the Secretary of Agriculture, the broad responsibilities of the Forest Service are:

(1) Leadership in forestry. The Forest Service provides overall leadership in forest and forest-range conservation, development, and use. This involves determination of forestry conditions and requirements, and recommendations of policies and programs needed to keep the Nation's private and public lands fully productive.

(2) National Forest System administration. (i) The Forest Service administers and manages the National Forest System lands in accordance with the Multiple-Use Sustained-Yield Act of June 12, 1960 (16 U.S.C. 528-531); the Forest and Rangeland Renewable Resources Planning Act of August 17, 1974 (16 U.S.C. 1600-1614); and the National Forest Management Act of October 22, 1976 (16 U.S.C. 472a, 476, 500, 513-516, 521b; 576b, 1600-1602, 1604, 1606, 1608-1614).

(ii) The National Forest System comprises about 188 million acres of land in the National Forests, National Grasslands, and other areas which have been transferred to the Forest Service for administration. On these public lands:

(A) Forestry methods are applied in growing and harvesting timber,

(B) Forage is scientifically managed for the use of domestic livestock whose numbers are kept in balance with the carrying capacity of the range,

(D) Watersheds are managed to safeguard the water supply and stabilize streamflow,

(E) Recreation resources are managed for public enjoyment and benefit,

(F) Many forms of land and resource use are granted under permit or lease, and

(G) Physical and resource improvements needed to develop, protect, and use all resources are built and maintained.

(3) Cooperative forestry. The Forest Service carries out cooperative forestry programs for public benefit through programs initiated by State, county, and other Federal agencies in accordance with the Cooperative Forestry Assistance Act of July 1, 1978 (16 U.S.C. 2101-2111). These programs are directed at the protection, development, and sustained production of all forestry resources, both public and private.

(4) Forest research. The Forest Service conducts research on problems involving protection, development, management, renewal, and continuous use of all resources, products, values, and services of forest lands in accordance with the Forest and Rangeland Renewable Resources Research Act of June 30, 1978 (16 U.S.C. 1641-1647). Research is conducted on:

(i) Forest and range management, including the five basic resources of timber, forest soil and water, range forage, wildlife and fish habitat, and forest recreation,

(ii) Forest protection from fire, insects, and disease,

(iii) Forest products and engineering, and

(iv) Forest resource economics including forest survey, forest economics, and forest products marketing.

[44 FR 37505, June 27, 1979]

Notes of Decisions

Cited in 20 cases (3 in the last 5 years), 1985–2026 · leading case: Am. Wild Horse Pres. Campaign v. Sonny Perdue, 873 F.3d 914 (D.C. Cir. 2017).

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Am. Wild Horse Pres. Campaign v. Sonny Perdue, 873 F.3d 914 (D.C. Cir. 2017). “The Service must (i) “develop, maintain, and,: as appropriate, revise land and resource management plans” for national forests (“Forest Plans”), and (ii) ensure that all “[resource plans and permits, contracts,' and other instruments for the use and occupancy of National Forest…”

United States Forest Serv. v. Cowpasture River Pres. Assn., 140 S. Ct. 1837 (2020). “Though Congress initially granted the Secretary of Agriculture the authority to administer national forest lands, § 472, the Secretary has delegated that authority to the Forest Service, 36 C.F.R. § 200.3 (b)(2)(i) (2019). What is now known as the George Washington National…”

Sierra Club, Inc. v. U.S. Forest Serv., 897 F.3d 582 (4th Cir. 2018). “See 36 C.F.R. § 200.3 (b) (Secretary of Agriculture delegating authority under the NFMA to the Forest Service).”

Cowpasture River Pres. v. Forest Serv., 911 F.3d 150 (4th Cir. 2018). “The NFMA also charges the Department of Agriculture (through the Forest Service, see 36 C.F.R. § 200.3 (b) ) with "promulgating guidelines for Forest Plans, which should, inter alia, 'insure consideration of the economic and environmental aspects of various systems of renewable…”

The Nat'l Wildlife Fed'n v. Tom Coston, Reg'l Forester, 773 F.2d 1513 (9th Cir. 1985). “36 C.F.R. 200.3(b)(2) (1984). Each National Forest is managed by a Forest Supervisor.”

Fed. Forest Resource Coalition v. Vilsack, 100 F. Supp. 3d 21 (D.D.C. 2015). “§ 1604 (a); 36 C.F.R. § 200.3 (b)(2). The Forest Service promulgates a “Planning” rule to achieve this mandate, see 36 C.”

Ark Initiative v. Tidwell, 895 F. Supp. 2d 230 (D.D.C. 2012). “See 36 C.F.R. § 200.3 (b)(2) (citing statutory authority).”

Nat'l Fed'n of Fed. Employees-IAM v. Vilsack, 775 F. Supp. 2d 91 (D.D.C. 2011). “§ 2887 (c)(1); 36 C.F.R. § 200.3 (b). All JCCCCs are open 24 hours a day, seven days a week, and provide a residential program where students live and work.”

Kelly v. United States, 241 F.3d 755 (9th Cir. 2001). “§ 551 (1994); 36 C.F.R. § 200.3 (2000). In carrying out this responsibility, the Forest Service operates a firefighting program that relies significantly on aircraft.”

Cleveland v. United States, 546 F. Supp. 2d 732 (N.D. Cal. 2008). “See 36 C.F.R. § 200.3 (b)(2). Under the Multiple-Use Sustained Yield Act, the Forest Service is required to consider the “best and most judicious means” of implementing its policy priorities, including reforestation, fire prevention, preventing soil erosion, and preserving…”

Wilderness Soc'y v. Tyrrel, 701 F. Supp. 1473 (E.D. Cal. 1988). “See 36 C.F.R. § 200.3 (b)(2)(i) (Forest Service jurisdiction over lands within National Forest System); 16 U.”

Braseth Trucking, LLC v. United States, 124 Fed. Cl. 498 (Fed. Cl. 2014). “See 36 C.F.R. § 200.3 ; About the Agency, U.S.”

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— 36 C.F.R. § 200.3(b)(2) — 1 case

The Nat'l Wildlife Fed'n v. Tom Coston, Reg'l Forester, 773 F.2d 1513 (9th Cir. 1985). “36 C.F.R. 200.3(b)(2) (1984). Each National Forest is managed by a Forest Supervisor.”

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