Non-timber forest products have only recently been recognized for their ecological and economic value and are rapidly becoming an important issue affecting national forest management. Existing national legislation mandates management of forests for most natural resources, including fish and wildlife, water, timber, and minerals. Each of these recognized natural resources is provided a separate volume in the USDA Forest Service directive system which provides direction and guidance regarding policy implementation. Nontimber forest products do not receive similar level of attention. They are neither recognized as a natural resource in the legislation, nor are they provided dedicated coverage in the directive system that guides how national forests are managed. Management could be improved by providing a volume within the directive system that is dedicated to these products. Recent national policy developments are encouraging for improved management of these resources. This section presents the most current knowledge about the national legislation that guides management plans. It discusses the Forest Service policies and procedures that pertain to nontimber products. The section presents information on service-wide issuances as well as field issuances that affect management of southern forests. Finally, the section presents summaries of the recent policy developments that will affect how forests are managed for nontimber products.

Tables:

• National Level Direction from the Forest Service Manual (FSM) and Handbook (FSH) concerning NTFPs
• Saleable Products
• Regional Direction

No fewer than 82 laws influence Forest Service activities on national forests (Floyd 1999). Four laws provide the main direction for managing natural resources on national forest lands. The Organic Administration Act of 1897 initiated the practice of forest management on the national forests and directs that forests be established to improve and protect the resources to secure water, and to provide a continuous supply of timber. More than 30 years later, the Multiple-Use Sustained Yield Act (MUSYA) authorized the Secretary of Agriculture to manage the national forests to ensure multiple-use and sustained yield of the renewable resources. MUSYA expanded the management objectives for the national forests to include outdoor recreation, range, watersheds, and fish and wildlife.

The Forest and Rangeland Renewable Resources Planning Act (RPA) of 1974 institutionalized land and resource management planning in the Forest Service. The legislation requires the Secretary to prescribe land and resource management planning regulations that incorporate standards and guidelines, which are fully integrated into each national forest management plan. In particular, the legislation directs that plans address recreation and wilderness, range, timber, watershed, and fish and wildlife. The RPA was amended in 1976 by the National Forest Management Act (NFMA) to provide additional statutory direction on preparation and revision of land and resources management plans (LRMPs).

The NFMA restated that LRMPs (a.k.a., forest plans) include coordination of outdoor recreation, range, timber, watershed, fish and wildlife, and wilderness (NFMA 1976, section 6 (c)(1)). Forest plans determine forest management systems, harvesting levels, and procedures in light of all of the uses set forth in subsection (c)(1) (NFMA 1976, section 6(c)(2)). The plans provide management direction through a combination of activities for the use and protection of the natural resources within the bounds of the national legislation. To accomplish this, forest plans: 1) establish goals and objectives for a 10-15 year period, 2) prescribe standards and guidelines, prescriptions, resources needed, and 3) monitor and evaluate the impact of management activities (White Mountain National Forest LRMP 1986). The law also directs that plans be revised every 10-15 years, depending on the local situation.

Two other national policies could affect NTFPs harvesting. The Endangered Species Act (ESA) was created to prevent the extinction of plants by providing measures to stop species and habitat loss. The ESA prohibits activities that might endanger species listed as endangered, unless authorized by the U.S. Fish and Wildlife Service. The Convention on International Trade in Endangered Species (CITES) is designed to ensure that commercial demand for plants (and animals) does not threaten their survival. The Office of Management Authority of the U.S. Fish and Wildlife Service administers this international agreement for the United States. More information is available for both ESA and CITES from the Fish and Wildlife Service International Affairs website (http://international.fws.gov/).

References

• Additional NTFP References

The Forest Service directive system (FSDS) provides the foundation for internal management control of all programs and is the source of administrative direction to all Forest Service staffers. The system organizes the agencys policies, procedures, and practices in the Forest Service Manual (FSM) and the Forest Service Handbook (FSH) (USDA Forest Service 2000). The manual provides the legal authorities, objectives, policies, responsibilities and guidance that are needed on a continuing basis. The handbook, on the other hand, is the source of specialized guidance and instruction on how to carry out the directives. In general, the policies and guidance provided in the FSM are more significant than those given in the FSH. An examination of these procedures is warranted to determine potential constraints to improving management for NTFPs.

The directive system is organized by institutional function, each of which has a designated series code. For example, series 3000 deals with state and private forestry, series 4000 is designated for research, and series 2000 deals with National Forest resource management. The 2000 series provides direction on management of natural resources on the national forests. Within each series, directives are further organized by management objective. For example, series 2100 provides direction on environmental management issues, series 2200 deals with range management, series 2300 provides guidance on recreation and series 2400 covers timber management. Each series is further subdivided to present direction on specific issues. For example, 2430 deals with commercial timber sales. The system provides access to the vast array of diverse and complex directives covering a range of issues.

A computerized search of the Forest Service directive system revealed nine service-wide and field issuances that deal with NTFPs. (Table: National Level Direction from the Forest Service Manual (FSM) and Handbook (FSH) concerning NTFPs) The previous table summarizes the three service-wide issuances entered into the manual, and two service-wide amendments to the handbook concerning NTFPs. (Table: Regional Direction) summarizes the four field issuances from the southern region (Region 8) that have been entered into the directive system concerning NTFPs since 1994.

References

• Additional NTFP References

In general, national level administrators have authority to issue most service-wide directives for programs within their jurisdiction. The following table summarizes these service-wide issuances concerning NTFPs in both the FSM and the FSH. (Table: National Level Direction from the Forest Service Manual (FSM) and Handbook (FSH) concerning NTFPs)

In 1991, the Washington office issued an amendment to the FSM that established the authority for the sale of other forest products from national forests, where it will "serve local needs and meet land management objectives" (USDA Forest Service 1991a, section 2467.02). The amendment directs national forests to use management practices that perpetuate or increase NTFP production within the objectives, standards and guidelines of forest plans, and to recover fair market value for such products. Further, it directs Regional Foresters to develop valuation and sale procedures.

In 1995, a service-wide manual directive was issued that placed additional responsibility onto Forest Supervisors to operate NTFP sales efficiently and to coordinate sales with other Federal or State agencies (USDA Forest Service 1995a). Four years later, amendment 2400-99-2 to the FSM delegated the authority through management levels, to sell and dispose of special forest products (USDA Forest Service 1999a).

The most comprehensive coverage of NTFP management is in Handbook amendment 2409.18-91-3 (USDA Forest Service 1991b). This amendment provides direction on a variety of NTFPs, including firewood, naval stores, pine distillate wood, Christmas trees, and tropical forest products. Section 87 provides guidance on management of naval stores and directs Forest Service staffers to use only trees selected for timber harvest and only in stands selected for regeneration. Extraction of naval stores, which are considered a byproduct of sawtimber, is restricted to minimize damage and loss of timber products. Section 87 also recognizes that naval stores extraction may increase the potential for damage to the stand from fire, and directs prescribed burning before sales are finalized.

Forest Service staffers are provided direction to sell stumps and top wood that are left behind after the harvesting of longleaf and other pines as pine distillate wood, and are provided guidance on the unit of measure as well as appraisal methods. Subsection 87.4 provides procedures for the selling of Christmas trees and boughs, which must be cut in accordance with silvicultural prescriptions that are established prior to the sale. Forest Service staffers are directed to manage areas exclusively for Christmas trees, when possible, and to comply with the standards and guidelines of the forest plan. Subsection 87.6 provides direction for the sale of tropical NTFPs from the Caribbean National Forest. Managers are provided direction on disposal of these products to nearby residents through free-use permits, and on appraisal methods and units of measure for some products.

The following table summarizes the direction for more than 20 saleable products, listed in subsection 87.71 of amendment 2409.18-91-3 (USDA Forest Service 1991b) (Table: Saleable products identified in the Forest Service Handbook). The basic direction that guides the overall extraction of these products is to ensure that collection on national forests complies with state and federal laws for the protection of plant and animal materials. Forest Service staffers are provided adequate direction for the extraction and sale of some products, such as cones and seedlings, but no direction is provided for mushrooms, lichens, galax, or medicinal roots, even though they are included in the list of saleable products.

The collection of NTFPs is monitored through a permit system that allows for either free or fee use. In 1999, the Washington Office provided additional Handbook direction on the use of the permit form FS-2400-1 (USDA Forest Service 1999b). This amendment clearly presents the types of contracts and permits needed for different transactions. In situations where there is a charge for NTFPs, Forest Service staff are directed to use Form FS-2400-1. For nonconvertible forest products with low value sales, they are directed to use Form FS-2400-4.

References

• Additional NTFP References

Regional Foresters and Forest Supervisors may supplement service-wide direction with field issuances that provide direction for activities under their respective authority.The following table summarizes the regional supplements to the Manual and Handbook described here. (Table: Regional Direction from the Forest Service Manual (FSM) and Handbook (FSH) concerning NTFPs) The regional policy on the sale of NTFPs was updated with supplement 2400-94-3, which embraces sustainable harvests based on annual work plans, and maximum cost efficiency with positive public benefits (USDA Forest Service 1994). The objective of this supplement is to ensure that sale of these products is conducted in a cost-efficient manner and at fair market value, while meeting forest and resource management plan objectives. The supplement directs Forest Service staffers to use management practices that perpetuate or increase production consistent with forest plan objectives and the principles of ecosystem management. The policy also directs them to use economic principles and analysis to ensure and document the sustainable benefits of NTFP sales.

The supplement directs the Regional Forester to develop procedures to determine the value of products and facilitate the sale of products. It also directs Forest Supervisors to develop and update the value and rate schedules, as well as National Environmental Protection Act (NEPA) documentation, including biological evaluations. Further, the supplement directs Forest Supervisors to provide for the administration and monitoring to ensure that management objectives are met, and that the terms of the permits are fulfilled. In addition, Forest Supervisors are to establish criteria and standards for the issuance of permits for research purposes. In 1996, the manual was further amended to redelegate authority to sell and dispose of NTFPs (USDA Forest Service 1996).

The Region 8 (R8) Manual supplement sets conditions for the sales of NTFPs that include establishing permit fees based on fair market value, and issuing free-use permits only when there is no competition and when collection is for personal consumption (USDA Forest Service 1994). The section further directs Forest Service managers to use a minimum of 20 percent of wholesale market value of the products as a starting point to establish the appraised product value.

Two regional Handbook supplements about NTFPs have been issued since 1994. The R8 supplement 2409.18-94-3 provides direction on firewood harvesting operations and the appropriate forms to record firewood activities (USDA Forest Service 1994). The supplement also specifies the appropriate form for the sale of Christmas trees and other special forest products. The R8 Handbook supplement No. 2409.18-95-1 authorizes procedures for the sale of naval stores and provides a list of saleable products (USDA Forest Service 1995). The procedures for naval stores include direction on marking and tallying specific trees, appraising their value, and administering naval stores sales. Subsection 87.71 deals with medicinal plants and roots, particularly ginseng, and directs Forest Service units to cooperate with state programs and to work within the regulations of the U.S. Fish and Wildlife Service. Units are directed to develop ginseng management strategies that reflect the forest plan objectives, biological evaluations, and local values. Forest Service units are directed to specify harvesting requirements on permits, and to include a way to verify harvest levels.

Though service-wide and field issuances to the directive system provide the foundation for guiding management for NTFPs, two recent policy initiatives could significantly affect how national forests manage for NTFPs. In February 1999, the U.S. Congressional Subcommittee on Forestry and Public Land Management convened a hearing to explore opportunities for and constraints to increased harvesting of NTFPs on national forest land. By the end of that year, national legislation had passed to establish a pilot program to manage NTFPs (H.R. 2466 1999, section 339). This program has three important provisions: 1) recover fair market value, 2) collect fees that reflect real costs, and 3) determine sustainable harvest limits. The Bill provides direction for the establishment of appraisal methods and bidding procedures that guarantee that the amounts collected for NTFPs reflect fair market value. It requires that fees collected from the harvesting of NTFPs cover all costs associated with administering a program, including any environmental or biological assessments. The Bill further requires the Secretary of Agriculture to determine sustainable harvest methods and levels, and to establish procedures for monitoring and revising harvest levels.

The second policy development occurred in the spring of 2001, when the Washington Office of the Forest Service issued the National Strategy for Special Forest Products (USDA Forest Service 2001). Until now, no agency-wide NTFP policy had been formulated. The strategy is to guide and direct the agency in managing NTFP resources on public land and to assist state and private forest managers in their efforts to incorporate NTFPs into forest management. The strategy recognizes a need to have clear, comprehensive and fair policies toward NTFPs. It sets forth principles and priority areas that are intended to provide a basis for a plan of action for managing NTFPs. To guide and direct management efforts, the strategy establishes five strategic goals: 1) ensure availability of NTFPs within ecosystem limits, 2) integrate NTFPs into forest management, 3) have consistent and affective policies and plans, 4) inventory and monitoring of resources, and 5) collaborate with stakeholders. Incorporated into each strategic goal are actions that the agency can undertake to fulfill its aspiration to better manage NTFP resources.

References

• Additional NTFP References