Public concerns about adequate supplies of clean water led to the establishment of federally protected forest reserves in 1891. “Securing favorable conditions of water flows” is a key objective in the 1897 Organic Administration Act and of the new forest reserves. These forest reserves and eastern lands acquired under the 1911 Weeks Act, would eventually become national forests administered by the US Forest Service. From the beginning of the Forest Service, water and soil has been a foundation.
Forest Service Wilderness Policy is found in FSM 2320 Wilderness Management, 6/21/90. Within this Manual, Section 2323.4 describes the management of soil and water resources with the objective of maintaining satisfactory natural watershed condition within wilderness. Though this policy is generally the same as for all National Forest watersheds (see the discussion below regarding FSM 2500), in wilderness, natural processes dominate.
Section 2323.42 further directs that “measures that modify plant cover and treat soil mantles or other activities designed to supplement natural water yield are inappropriate.”
Tying into Section 2 of the 1964 Wilderness Act, Wilderness Management Manual 2323.43a discusses the use of watershed improvement techniques within wilderness;
“ Use watershed improvements to restore watersheds where deteriorated soil and hydrologic conditions caused by humans or their influences create a serious threat or loss of wilderness values. Watershed condition improvements are also appropriate where natural conditions present a definite hazard to life or property; or where such conditions could cause serious depreciation of important environmental qualities outside of the wilderness. Promote natural healing where such dangers are not imminent or where natural vegetation would return in a reasonable time.”
Policy further requires managers to “Use indigenous or appropriate naturalized species to reestablish vegetation where there is no reasonable expectation of natural healing.”
In addition restrictions on equipment is provided; “Use nonmotorized equipment to accomplish improvement objectives. Only imminent threat to important values downstream justifies the use of motorized equipment.”
Forest Service Wilderness Policy also mirrors the Wilderness Act (1964) related to new and existing Water Development and Uses. FSM 2323.43c - New Water Development Structures. “Only the President (FSM 2323.04) can approve new water development structures, including water-regulating structures, power installations, transmission conduits, water conservation works, related improvements, and proposals to increase the storage capacity of a reservoir or to replace a reservoir that was not under a valid permit or other authority at the time the unit became wilderness. Range and wildlife waters are not included here”.
FMS 2323.43d - Existing Water Development Structures
“If needed and in the public interest, or a part of a valid existing right, permit maintenance or reconstruction of existing structures that does not change the location, size, or type, or which would not increase the storage capacity of a reservoir. Structures include reservoirs, ditches, and related facilities for the control or use of water that were under valid special-use permit or other authority when the area involved was incorporated under the Wilderness Act.”
Within FSM 2320 are sections related to visitor use management that specifically mention soil resources. Section 2323.26b addresses the management of recreation livestock grazing and facilities and the maintenance of soil processes and functions to provide for the growth and health of natural vegetation. It is this section that describes the re-establishment of native vegetation in areas damaged by visitors.
The 1964 Wilderness Act is mentioned as a guiding law in Watershed and Air Management (FSM 2500). In addition, these objectives of Forest Service Watershed Policy tier to Wilderness Character; FSM 2502 “ 1. To protect and, where appropriate, enhance soil productivity, water quality and quantity, and timing of waterflows, and 2. To maintain favorable conditions of streamflow and a continuous production of resources from National Forest System watersheds”.
Watershed Policy Reference to Wilderness
FSM 2540 Water development and Use
2541.21 - Claims Under the Reservation Doctrine
1. Use the Organic Administration Act of 1897 authority to claim reserved water rights for consumptive or nonconsumptive needs on reserved lands directly related to securing favorable conditions of water flow or to furnish a continuous supply of timber. Claim the following:
a. Domestic water needed for Ranger Stations, fire stations, work centers, housing, and other facilities constructed and maintained for administering National Forest System programs for watershed protection and timber production.
b. Water needed for fire protection and control.
c. Water needed for constructing and maintaining access roads for timber production and watershed protection activities.
d. Water needed for irrigation of tree nurseries, seed orchards, and other facilities devoted primarily to the supply of timber or watershed protection.
e. Water needed for maintaining Forest Service riding and packstock used in the administration of the National Forest System timber resources and for watershed protection.
f. Water needed in connection with special uses where the user is engaged in activities carried out for watershed protection or timber production on the National Forest System.
g. Water needed in the form of instream flows sufficient to maintain the stability of stream channels for favorable conditions of waterflow and protection against the loss of productive timber lands adjacent to the stream channels. This includes the volume and timing of flows required for adequate sediment transport, maintenance of streambank stability and proper management of riparian vegetation. A procedure for such quantification is located in FSH 2509.17, chapter 30.
2. Other reservation authorities. Claims for reserved rights may be based on purposes authorized by legislation such as the Multiple-Use Sustained-Yield Act of 1960, the Wild and Scenic Rivers Act (82 Stat. 917, 16 U.S.C. 12771 et seq.) or the Wilderness Act (P.L. 88-577, as amended, 16 U.S.C. 1131 et seq.).
Because of the legal complexities involved in water rights under these statates, do not make such claims without prior consultation with the Chief and the Office of the General Counsel.
FSM 2500 Watershed and Air Management
2522.12b - Weather Modification
Support properly designed and technically sound snow augmentation or other weather modification activities carried out by cooperators, provided those activities and anticipated results are consistent with any applicable law or regulation governing the administration and management of National Forest System lands. See FSM 2323.45 for the policy on weather modification over wilderness.
BAER Policy in FSM 2500
Digest--Continued:
2523.03 - Updates the term from “survey” to “assessment” to be consistent with DOI’s terminology. Moves the requirement for BAER treatments to be consistent with Forest plans from FSM 2523.03, paragraph 4 to FSM 2523.04c, paragraph 4. Establishes a limit of 1 year from containment of the fire for BAER treatments to be initiated in compliance with the WFLC decision. Establishes a 3-year limit on BAER maintenance and monitoring in compliance with the WFLC decision. Moves direction on BAER treatments in wilderness from FSM 2523.03, paragraph 5 to FSM 2523.2
2523.03 - Policy
1. Conduct assessments (FSM 2523.1) promptly on all burned areas following wildland fires to determine if emergency stabilization treatment is needed. An interdisciplinary process should be used when fires exceed 300 acres or when potential threats to life, property, natural resources, or cultural resources exist as a result of a smaller fire.
2. Undertake stabilization treatments only when an analysis shows that planned actions are likely to substantially reduce risks and are compatible with land and resource management plans and wilderness management objectives (FSM 2323 and FSH 2509.13, sec. 26.6).
3. Ensure measures that provide essential and demonstrated protection at minimum cost while meeting emergency stabilization objectives.
4. Ensure that approved, burned-area emergency stabilization measures are expeditiously accomplished prior to the time when damaging or degrading events are likely to occur and no later than 1 year after containment of the fire.
5. Monitor burned areas for up to 3 years from containment of the fire to ensure emergency stabilization measures are functioning as planned and are effective. Maintain, repair, or replace emergency treatments for up to 3 years from containment of the fire where failure to do so would significantly imperil watershed functionality or result in serious loss of downstream values.
6. Propose treatments in wilderness only if necessary to protect life or property (inside or outside wilderness) or resource values outside wilderness, or to prevent an unnatural loss of wilderness resources (FSM 2323.43b).
2523.2 - Emergency Stabilization Treatments
Emergency stabilization treatments are intended to be temporary measures that do not require maintenance or are removed after objectives have been met. Costs covered by emergency funding authority include the removal of treatments when they are no longer needed or the maintenance of treatments when necessary to maintain their effectiveness for up to 3 years.
Treatments should be designed to be self-maintaining over their effective life.
1. Burned Area Emergency Response (BAER) treatment priorities. The BAER treatment priorities are:
a. Human life and safety,
b. Property, and
c. Critical natural/cultural resource.
2. Order of treatment preference. Observe the following order in undertaking treatments:
a. Natural recovery. In situations where no emergency exists or where practical preventive measures are not feasible, no BAER treatments are allowed.
b. Administrative closures. In situations where an emergency exists and
(1) it is possible to restrict use to protect public health and safety or
(2) where use may significantly delay critical recovery, administrative closures must be used.
c. Treatment. For other emergency situations, proven measures should be applied to stabilize soil or biotic communities or to moderate the intensity or severity of effects to minimize risks to life or property and to prevent unacceptable degradation of critical natural or cultural resources or downstream values.
3. Appropriate Measures. Use appropriate measures as follows:
a. Plant Materials. Mulching, seeding, or planting of grass, forbs, shrubs, or trees are appropriate treatments when needed to reduce unacceptable erosion, to stabilize critical or significant natural or cultural resources, to prevent permanent impairment to critical habitat for Federal and State listed, proposed, or candidate threatened or endangered species, or to prevent detrimental invasion by non-native plants. Use only planted materials that should be effective within two growing seasons. Comply with FSM 2081, Executive Order 13112, and applicable State noxious weed prevention requirements in setting standards for seed, straw, and other plant materials.
Natural recovery by native species is preferred. When practical, use seeds and plants in burned-area emergency stabilization projects that originate from genetically local sources of native species. When native materials are not available or suitable, give preference to non-native species that meet the treatment objectives, are nonpersistent, and are not likely to spread beyond the treatment area.
b. Structures. Structural treatments are appropriate when needed to minimize the risk to downstream life and property, to reduce unacceptable erosion, to minimize unacceptable degradation of water quality, to stabilize critical or significant natural or cultural resources, or to protect treated or recovering areas from uses that could cause erosion or interfere with recovery.
c. Hazard Removal, Warning, and Controls. Stabilization or removal of physical hazards caused or aggravated by the fire that threaten life or property are appropriate treatments when there are no other protection options. Warning, signing, or other measures should be used to limit immediate threats to public safety or to limit public or livestock access in order to protect treated or recovering areas.
d. Facility Replacement. Replacement of destroyed or damaged minor facilities, such as signs or guardrails, is an appropriate measure when human health or safety is at risk and there are no other protection options.
e. Consultation. Consultation with other Federal, State, Tribal, and local offices is appropriate to ensure that emergency treatments are compatible with the Endangered Species Act, National Historic Preservation Act, Clean Water Act, and other laws as applicable. Initiate any necessary supporting processes prior to installing ground-disturbing treatments and only within areas considered for treatment.
f. Wilderness. When prescribing treatments in wilderness, refer to FSM 2326 for guidance on the use of motorized equipment and mechanical transport.
FSM 2320
Burned Area Emergency Rehabilitation (BAER) Policy in Wilderness
2323.43b - Emergency Burned Area Rehabilitation. Permit emergency burned area rehabilitation only if necessary to prevent an unnatural loss of the wilderness resource or to protect life, property, and other resource values outside of wilderness. Normally use hand tools and equipment to install selected land and channel treatments.
i)Examples of typical Forest Plan Revision Language
Across the country, the Forest Service is revising or planning to revise existing Forest Plans. Forest Service Policy 2322.03 provides that
“1. Management direction for each wilderness must be stated in the forest plan as management area prescriptions with associated standards and guidelines. Each wilderness is unique as established by law; therefore, each will be identified as a separate management area.”
At a minimum management direction will “… Display of the relationships and coordination between the wilderness resource and other resources and activities present in the wilderness, as well as activities outside of wilderness that affect the management of the wilderness. Resources and other elements to be addressed include: recreation (including visitor education), forest cover, forage, fish and wildlife, federally listed threatened or endangered flora or fauna, domestic livestock, soil and water (including weather modification), minerals, historical and cultural resources, fire, land ownership, insect and diseases, air quality, other agency use, the trail system (including trailheads), signing, communication, and research.”
In addition, monitoring is required to determine whether prescriptions, standards, and guidelines are met (with 36 CFR 219 and 36 CFR 293).
Examples of management plan direction, standards, indicators, and monitoring can be found in a variety of toolboxes (for example, the Resource Protection Toolbox) ( toolboxes). The different toolboxes can also be searched for plan direction, standards, indicators, and monitoring using the search toolbox function.