National forest management plans throughout the country are currently being revised under the

2012 Planning Rule. As will be discussed, the 2012 rule provides high levels of agency discretion and

management flexibility. The rule does not require maintaining viable populations of all native plant and

animal species. The agency is required to conserve viable populations of “species of conservation

concern,” yet the regional forester is granted sole discretion in designating these species. The 2012 rule is

highly controversial, primarily for the reason that it grants the agency too much discretion. Wildlife

management experts are concerned that the biodiversity provisions within the rule will prove ineffective

in the conservation of native wildlife.

On closer examination, the conservation mandates presented by the 2012 rule concerning species

of conservation concern, and other at-risk species, are actually quite strong, and if strictly followed would

influence every aspect of national forest management and effectively constrain agency discretion.

Properly understood, the 2012 Planning Rule provides a mix of strong biodiversity provisions with

agency discretion and management flexibility. The key to effective biodiversity conservation in the

national forests, and an equitable balance of interests, is to ensure that the conservation mandates for at-

risk species are genuinely met, at both the management plan and individual project levels. The National

Environmental Policy Act (NEPA) plays an essential role in this. NEPA regulations remove biodiversity

conservation in the national forests from the high levels of discretion and subjectivity granted the agency

by the 2012 rule, providing the “strong” biodiversity provisions within the rule the strength they have.

The 2012 Planning Rule, in the context of NEPA, provides a potentially effective means of conserving

native biodiversity in the national forests.