Review Decision on the Cheif's Appeal Decision, Arapahoe & Roosevelt Natl. Forests

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(MUSYA) 74 Stat. 215; and the Federal Land and Policy Management Act ( FLPMA) 90 Stat. 2743. The Organic Administration Act of 1897 ( "Organic Act ") (16 U.S.C. 473 et seq.) provided for the withdrawal of lands from the public domain and for the establishment of National Forests. The Organic Act defines the original purpose of the National Forests "to improve and protect the forest within the boundaries, or for the purpose of securing favorable conditions of water flows, and to furnish a continuous supply of timber" (16 U.S.C. 475), and provides the Secretary of Agriculture with the authority to protect lands by making "...such rules and regulations and establishing such service as will insure the objects of such reservations, namely, to regulate their occupancy and use to preserve the forests "(16 U.S.C. 551). With respect to water resources, the Organic Act provides that "waters within the boundaries of national forests may be used for domestic, mining, milling, or irrigation purposes, under the laws of the states wherein such national forests are situated, or under the laws of the United States and the rules and regulations established thereunder, 16 U.S.C. 481. The Multiple -Use Sustained -Yield Act of 1960 further defined the purposes of the national forests to include "outdoor recreation, range, timber, watershed, and wildlife and fish purposes "(16 U.S.C. 528). The Act directed the Secretary to administer the national forests so as to provide a sustained yield of renewable surface resources in a multiple -use context (16 U.S.C. 529). Section 4 of the Act further requires "the harmonious and coordinated management of the productivity of the land, with consideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output" (16 U.S.C. 531). While the MUSYA clearly expanded the purpose for which the lands were to be administered, thereby broadening Forest Service management responsibility, it did not change the requirements of the Organic Act with respect to water resources. The Federal Land Policy and Management Act of 1976 (as amended), governs the permitting of rights of way for private resource use on the national forest system lands and requires the Forest Service to condition such permits when necessary for the protection of the resources on the National Forests. Specifically, the Act requires that "[e]ach right -of -way shall contain (a) terms and conditions which will (i) carry out the purposes of this Act," in order to "minimize damage to scenic and aesthetic values and fish and wildlife habitat and otherwise protect the environment; . . ." (Section 505, 43 U.S.C. 1765). While the Forest Service derives its mandate for managing the National Forest System primarily from these statutes, each defines only a portion of the universe governing resource management and none should be construed in isolation. As pointed out by the Chief, "to understand them these acts should be considered as a group." (Chief's Appeal Decision, page 5). Thus, while the MUSYA requires the Forest Service to manage the National Forest System for multiple uses, and the FLPMA requires the Forest Service to manage rights of way in a manner that minimizes damage to the environment, these mandates should be harmonized with the Organic Act and must, therefore, be carried out Col