Assessing the Potential of Congressional Responsibility for National Forest Management

Abstract

This article examines the statutory delegation of authority and responsibility for national forest management by the U.S. Congress to the U.S. Department of Agriculture's Forest Service. By focusing on three primary laws governing national forest management, the article applies a transaction cost approach to assessing and understanding the extent and nature of agency discretion. Observations suggest that specific national forest management crises will prompt modifications of Forest Service authority, coupled with increased constraints on the agency's actions. The transaction costs of congressional inaction in the face of immediate national forest crises appear to exceed those associated with enacting new, more prescriptive legislation, with Congress thereby accepting greater responsibility for the effects of national forest policy choices. However, comprehensive national forest policy reform appears unlikely within this scenario.