Forest Management Proposed Rules
Montana Administrative Procedures Act
Questions and Answers
Why is Department of Natural Resources and Conservation (DNRC) proposing these rules?
We are required to meet a legal order to complete Montana Administrative Procedures Act (MAPA) and to serve as field guidelines for implementation of the State Forest Land Management Plan (SFLMP).
What is the authority for DNRC to write these rules?
The Forest Management Bureau has been directed by the Land Board to develop these rules.
Why has DNRC written such an extensive rule set for forest management?
The Forest Management Bureau has expanded its efforts to include rules for all aspects of SFLMP to ensure that we are meeting all the requirements of MAPA.
What is the importance of the passage of 77-5-116 MCA, April 16, 2001, to the SFLMP?
This law prohibits DNRC from deferring any percentage of old growth forest without obtaining full market value for this resource.
Is this the last chance the public has to have input on management of Old Growth?
A. No. Projects will continue to comply with MEPA and its public involvement component. Projects determined at the local level will continue to include public involvement and MEPA analysis. Additionally, the Land Board will still approve timber sales.
Why is DNRC writing these rules?
The Montana First Judicial District Court found that the guidance developed for the SFLMP did not meet the objectives of MAPA. The court stated that any guidelines developed for the SFLMP must be written as administrative rules following the procedures of MAPA.
Are the rules a duplication of the SFLMP guidance in administrative rules format?
A. The rules are intended to be supportive of the SFLMP within the framework of existing law, but are not a simple re-phrasing of the guidance into rule language.
What is the purpose of the categorical exclusion from MEPA for small timber sales and salvage of less than 1,000,000 board feet?
This will enable DNRC to respond quickly to salvage needs and to allow for forest management activities on those parcels without environmental constraints and with potential small timber sales requiring an EA/EIS under MEPA. Despite being a categorical exclusion any projects undertaken under this rule will comply with other rules and be brought before the state Land Board.
How do these rules reflect the biodiversity objectives of the SFLMP?
A. The fundamental premise of managing for biodiversity and forest health through the application of the coarse and fine filter approach is expanded on in the rules. These rules include some explicit language related the desired future conditions, and old growth management that was not included in the Resource Management Standards of the SFLMP.
