About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

36 Envtl. L. 385 (2006)
Governing the Tongass: National Forest Conflict and Political Decision Making

handle is hein.journals/envlnw36 and id is 401 raw text is: GOVERNING THE TONGASS: NATIONAL FOREST CONFLICT
AND POLITICAL DECISION MAKING
By
MARTIN NIE*
The Article examines one of the most enduring and intractable
environmental conflicts in the United States: forest management on
southeast Alaska's Tongass National Forest. It analyzes the Tongass conflict
by asking three broad questions: 1) what factors drive this conflict, 2) how
has it been dealt with in the past, and 3) how might it be dealt with in the
future? The Tongass is used as a springboard to investigate more inclusive
issues about public lands governance-many of its lessons are applicable
elsewhere. Conflicts over the Tongass are driven by multiple factors, from
overlapping and problematic statutory language to adversarial processes.
The article highlights how political disagreement, and the nature of public
land law, move conflict about forest management onto alternative decision-
making   paths-resources planning, administrative        appeals, executive
involvement, appropriations, science, and litigation take up where Congress
left off Though often beneficial, many of these alternative processes are not
well-designed for conflict resolution and problem solving The analysis
demonstrates that changes to these venues and processes will likely re-
channel, rather than resolve, the underlying conflicts because of the stakes
involved and their irrepressible nature. Nonetheless, part of the Article is
devoted to sketching a few possible solutions drawing heavily from
intriguing ideas and developments in public lands management. In this
context, the article briefly outlines legislative reform, public participation
and collaboration, and community forestry.
I.  INTRO DU CTION  ................................................................................................................ 386
II.  THE  TONGASS AS CONTESTED  LANDSCAPE ..................................................................... 388
III.  CONFLICT AND FOREST LAW  IN SOUTHEAST ALASKA ...................................................... 391
A National Forest Law .............................................................................................. 392
B.  The  Tongass  TimberAct of 1947 ......................................................................... 395
© Martin Nie, 2006. Associate Professor of Natural Resource Policy, University of Montana,
College of Forestry & Conservation. Ph.D. Northern Arizona University, Political Science, 1998.
I would like to thank Robert Keiter, Paul Alaback, Courtney Schultz, and the staff at
Environmental Law for providing helpful feedback and skillful editing, the McIntire-Stennis
Cooperative Forestry Research Program for its generous grant support, and the large number of
people interviewed for their very generous time, assistance and willingness to read and
comment on the manuscript. Please direct all comments or questions about this article to
martin.ie@cfc.umt.edu.

[3851

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most