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[pct-l] Last Straw...



On May 6, 2005, at 7:31 PM, Jeff Moorehead wrote:
> You seem well-informed on this point so let me ask you another 
> question. Would it really take an act of Congress to redefine the 
> implementation of 'multiple use'? I am very curious as to whether the 
> NFS is really bound by the instructions of Congress or whether it does 
> not act on its own (even though it could) due to economic/political 
> lobbies.

I'm not a specialist, I just read a lot. :-)  Basically all federal
departments are only allowed to act within the specific provisions of
the law that created them or subsequent laws that provide more 
instructions.
For example, the Department of Homeland security only exists because
Congress passed a law instructing the executive branch to implement it.

Sometimes Congress gives the Executive a lot of leeway in implementing
things (thus the changing roadless rules between the Clinton and Bush
Administrations).  Sometimes they are very specific.  From what I've
observed, Congress is lazy.  They'll start with some guidelines
reached via some messy political process and then let the administration
proceed.  If the administration does something that kicks up some dust
(i.e. Congressmen start hearing from the voters), then Congress make
refine or change the rules in some way to ensure that they get 
re-elected,
umm.. I mean to ensure that they are representing the voters.

I haven't read the specific law that created the NFS but I suspect that
it has lots of details on what is to be managed and how.  Similarly the
law that created Wilderness areas also has rules about how those lands 
are
to be managed (or not depending on your point of view).  So to the
extent that 'multiple use' is a phrase that appears in the law that 
created
the National Forest Service the NFS is constrained by the definition of 
that
term as specified in the law.  They might be able to creatively 
interpret
the definition but ultimately only Congress can change the mandate.