Appendix D - Relevant Federal Statues, Regulations, Policy, and Agreements

Management direction in the Forest Service Directive System, including the Forest Service Manual (FSM) and the Forest Service Handbook (FSH), is part of the forest plan management direction and is not repeated in the Forest Plan.  Management direction also includes applicable laws, regulations, and policies, although they may not be restated in this Forest Plan.   

Direction for managing NFS land comes from a variety of levels.  National and regional direction includes laws, executive orders, regulations, and Forest Service policy.  Figure D-1 illustrates this hierarchy of management direction beginning with national and regional direction at the highest level and ending with site-specific, project-level direction when the Forest Plan is implemented. 

Figure D.1 

HIERARCHY OF MANAGEMENT DIRECTION FOR NATIONAL FORESTS

heirarchy of management direction on National Forests

 

FEDERAL STATUTES

The Hoosier National Forest will follow all of the laws listed below to the extent that they pertain to the USDA Forest Service.

Alaska National Interest Lands Conservation Act of December 2, 1980

American Indian Religious Freedom Act of August 11, 1978

American with Disabilities of 1990

Anderson-Mansfield Reforestation and Revegetation Act of October 11, 1949

Antiquities Act of June 8, 1906

Archaeological Resources Protection Act of October 31, 1979, as amended 1988

Architectural Barriers  Act of 1968

Bankhead-Jones Farm Tenant Act of July 22, 1937

Clarke McNary Act of June 7 1924

Clean Air Act of July 14, 1955

Clean Air Act of August 7, 1977; Amendments of 1977 and 1990                            

Clean Water Acts (1948-87)

Clean Water Amendments (to "Federal Water Pollution Control Act Amendments of 1972")

Color of Title Act of December 22, 1928

Common Varieties of Mineral Materials Act of July 31, 1947

Cooperative Forestry Assistance Act of July 1, 1978

Department of Agriculture Organic Act of August 3, 1956

Disaster Relief Act of May 22, 1974

Eastern Wilderness Act of January 3, 1975

Economy of June 30, 1932

Emergency Flood Prevention (Agricultural Credit Act) Act of August 4, 1978

Endangered Species Act of December 28, 1973

Energy Policy Act of August 8, 2005

Energy Security Act of June 30, 1980

Federal Advisory Committee Act of October 6, 1972

Federal Cave Resources Protection Act of November 18, 1988

Federal Insecticide, Rodenticide, and Fungicide Act of October 21, 1972

Federal Land Exchange Facilitation Act of August 20, 1988

Federal Land Policy and Management Act of October 21, 1976

Federal Noxious Weed Act of January 3, 1975

Federal Power Act of June 10, 1920

Federal Records Act of September 5, 1950

Federal-State Cooperation for Soil Conservation Act of December 22, 1944

Federal Water Pollution Control Act of July 9, 1956, as amended (Water Quality Act of 1965, Clean Water Restoration Act of 1966)              

Federal Water Project Recreation Act of July 9, 1965

Fish and Wildlife Conservation Act of September 15, 1960

Fish and Wildlife Coordination Act of March 10, 1934

Forest Highways Act of August 27, 1958

Forest and Rangeland Renewable Resources Planning Act of August 17, 1974

Freedom of Information Act of November 21, 1974

Granger-Thye Act of April 24, 1950

Historic and Archaeological Data Preservation Act of May 24, 1974

Historic Sites Act of August 21, 1935

Knutson-Vandenberg Act of June 9, 1930

Land Acquisition Act of March 3, 1925

Land Acquisition-Declaration of Taking Act of February 26, 1931

Land Acquisition-Title Adjustment Act of July 8, 1943

Land and Water Conservation Fund Act of September 3, 1964

Law Enforcement Authority Act of March 3, 1905

Mineral Leasing Act of February 25, 1920, as amended

Mineral Leasing Act for Acquired Lands Act of August 11, 1955

Mineral Resources on Weeks Law Lands Act of March 4, 1917

Multiple-Use Sustained-Yield Act of June 12, 1960

National Environmental Policy Act of January 1, 1970

National Forest Management Act of October 22, 1976

National Forest Roads and Trails Act of October 13, 1964

National Historic Preservation Act of October 15, 1966, as amended

National Trails System Act of October 2, 1968

Native American Graves Protection and Repatriation Act of January 23, 1990

Occupancy Permits Act of March 4, 1915

Organic Administration Act of June 4, 1897

Pipelines Act of February 25, 1920

Public Land Surveys Act of March 3, 1899

Real Property Quiet Title Actions Act of October 25, 1992

Rehabilitation Act of 1973, as amended                                            

Renewable Resources Improvement Act of June 30, 1978

Research Grants Act of September 6, 1958

Right of Eminent Domain Act of August 1, 1888

Rural Development Act of August 30, 1972

Safe Drinking Water Act of November 16, 1977 and Amendments                                      

Secure Rural Schools and Community Self-Development Act of 2000

Sikes Act of October 18, 1974

Sisk Act of December 4, 1967

Small Tracts Act of January 22, 1983

Soil and Water Resources Conservation Act of November 18, 1977

Solid Waste Disposal (Resource Conservation & Recovery Act) Act of October 21, 1976

Supplemental National Forest Reforestation Fund Act of September 18, 1972

Surface Mining Control and Reclamation Act of August 3, 1977

Timber Export Act of March 4, 1917

Timber Exportation Act of April 12, 1926

Title Adjustment Act of April 28, 1930

Toxic Substances Control Act of October 11, 1976

Transfer Act of February 1, 1905

Uniform Federal Accessibility Standards                                          

Uniform Relocation Assistance and Land Acquisition Policies Act of January 2, 1971

U.S. Criminal Code (Title 18 USC Chapter 91- Public Lands) Act of June 25, 1948

Volunteers in the National Forests Act of May 18, 1972

Water Quality Improvement Act of April 3, 1965

Water Resources Planning Act of July 22, 1965

Watershed Protection and Flood Prevention Act of August 4, 1954

Weeks Act Status for Certain Lands Act of September 2, 1958

Weeks Act of March 1, 1911

Wild and Scenic Rivers Act of October 2, 1968

Wilderness Act of September 3, 1964

Wood Residue Utilization Act of December 19, 1980

Youth Conservation Corps Act of August 13, 1970

Regulations

The Hoosier National Forest will also abide by the regulations listed below as they pertain to the U.S, Forest Service.

36 CFR 60 National Register of Historic Places

36 CFR 63 Determinations of Eligibility for Inclusion in the National Register of Historic Places 36 CFR 68 Secretary of the Interior's Standards for the Treatment of Historic Properties

36 CFR 79 Curation of Federally-Owned and Administered Archeological Collections

36 CFR 212 Forest Development Transportation System

36 CFR 213 Administration Under Bank-Jones Act

36 CFR 219 Planning

36 CFR 221Timber Management Planning

36 CFR 223 Sale and Disposal of NFS Timber

36 CFR 228 Minerals

36 CFR 241 Fish and Wildlife

36 CFR 251 Land Uses

36 CFR 254 Landownership Adjustments

36 CFR 261 Protection of Archaeological Resources

36 CFR 290 Caves as referenced in Appendix A  

36 CFR 291 Occupancy and Use of Developed Sites and Area of Concentrated Public Use

36 CFR 293 Wilderness Primitive Areas

36 CFR 294 Special Areas

36 CFR 295 Use of Motor Vehicles off Forest Development Roads

36 CFR 296 Archaeological Resources Protection Act Uniform Regulations

36 CFR 297 Wild and Scenic Rivers

36 CFR 800 Advisory Council on Historic Preservation

36 CFR 1222-1238 Federal Records Act Uniform Regulations

40 CFR 121-135  Watershed Programs

40 CFR 1500-1508 Council on Environmental Quality

43 CFR Part 10 Native American Graves Protection and Repatriation Act Uniform Regulations

American Association of State Highway and Transportation Guidelines for Geometric Design of Very Low-Volume Local Roads, 2001

National Ambient Air Quality Standards

National Electrical Code

National Fire Code

Uniform Building Code

Uniform Mechanical Code

Uniform Plumbing Code

Executive Orders

EO 11593 Protection and Enhancement of the Cultural Environment

EO 11990 Protection of Wetlands

EO 11644/11989 Use of Off-Road Vehicles

EO 11988 Floodplain Management

EO 12088 Federal Compliance with Pollution Control Standards

EO 12898 Environmental Justice

EO 13007 Indian Sacred Sites

EO 13112 Invasive Species

EO 13287 Preserve America

Policy and Guidelines

Forest Service Heritage Strategy

Forest Service Manuals (all)

Forest Service Handbooks (all)

R8/R9 Policy on the Treatment of Human Remains

Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation

Forest Service Heritage Meaningful Measures

State and Local 

Indiana State Law IC-14-21 Historic Preservation and Archaeology

Indiana State Law IC-22-1 Human Remains, Burial Objects, and Artifacts

326 Indiana Administrative Code Article 4 4-1-3 Exemptions

Logging and Forestry Best Management Practices for Water Quality in Indiana, 1998

Gray Bat Recovery Plan, U.S. Fish and Wildlife Service, 1982

Fanshell Recovery Plan, U.S. Fish and Wildlife Service, 1991

Indiana Bat Recovery Plan, U.S. Fish and Wildlife Service, 1983

Northern States Bald Eagle Recovery Plan, Northern States Bald Eagle Recovery Team, 1983

Rough Pigtoe Mussel Recovery Plan U.S. Fish and Wildlife Service, 1984