Photo: Idaho Panhandle National Forests in April, Northern Idaho. Copyright 2007 Delena Norris-Tull
Federal Legislation signed into law in the 1970s
Summarized by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, updated June 2022
National Environmental Policy Act (NEPA), 1970
Public Law 91-190
42 USC, 4321-4370
US Code, Title 42, The Public Health & Welfare
Chapter 55, National Environmental Policy
Sections 4321-4370
Agencies: All
Requires Federal Agencies to consider environmental effects of their actions through Environmental Impact Statements. The effects of non-native species, if harmful to the environment, must be included in the EIS.
Exclusion: APHIS may approve and issue permits for importation of nonindigenous species following an environmental assessment. Permits for importing nonindigenous species into containment facilities or interstate movement between containment facilities are excluded from NEPA.
Clean Water Act, 1972
Pub. L. 92-500
33 USC 1251-1389
US Code, Title 33, Navigation & Navigable Waters
Chapter 26, Water Pollution Prevention & Control
Sections 1251-1389
Agency: US EPA
Pre-dated by the Federal Water Pollution Control Act, 1948, the Clean Water Act of 1972 significantly expanded the laws. The CWA “establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.” The Office of Water “ensures drinking water is safe, and restores and maintains oceans, watersheds, and their aquatic ecosystems to protect human health, support economic and recreational activities, and provide healthy habitat for fish, plants, and wildlife.” The CWA includes language related to the prevention of the introduction of aquatic invasive species into water systems.
Endangered Species Act, 1973, as amended
Pub. L. 93-205, Dec. 28, 1973
16 USC 1531-1544
US Code, Title 16, Conservation
Chapter 35, Endangered Species
Sections 1531-1544
Agency: US Fish & Wildlife Service; National Marine Fisheries Service
The Endangered Species Act is designed to protect from extinction critically declining populations of plants and animals.
Federal Noxious Weed Act, 1974
Pub.L. 93-629
7 USC, 2801-2814
US Code, Title 7, Agriculture
Chapter 61, Noxious Weeds
Sections 2801-2814
Agencies: BLM, Fish & Wildlife Service, Forest Service, & National Park Service
Established Federal programs to control the spread of noxious weeds on Federal lands. Authorizes the Secretary of Agriculture to declare plants as noxious weeds. “The Secretary has the authority to inspect, seize, and destroy products, and quarantine areas, if necessary to contain, or limit the spread of such weeds.”
According to George Hittle, “The Federal Plant Protection Quarantine Act deals with management of undesirable plants on Federal land. After it went through Congress, it was attached to the Federal Noxious Weed Control Act of 1974.”
Replaced by the Management of Undesirable Plants on Federal Lands, 1990, and the Plant Protection Act, 2000
Water Resource Development Act, 1974, as amended
Public Law 93-251, March 16, 1974, with numerous amendments through 2020
42 USC 1962
US Code, Title 42, The Public Health & Welfare
Chapter 19B, Water Resources Planning
Section 1962
Agency: Secretary of the Army: US Army Corps of Engineers
The 1974 law expanded the role of the Army Corps of Engineers beyond that granted by Public Law 89-80 in 1965.
“To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.” The projects include environmental restoration of damaged water resources, which includes management of invasive species.
Federal Land Policy and Management Act, 1976, as amended
Pub.L. 94-579, Oct. 21, 1976
43 USC, 1701-1787
US Code, Title 43, Public Lands
Chapter 35, Federal Land Policy & Administration
Sections 1701-1787
Agency: US Department of the Interior, Bureau of Land Management
This law affirms the importance of public lands remaining in public ownership, thus falling under the responsibility of the Federal Government. Provides the BLM with the authority and direction for managing public lands, for multiple use and sustained yield. The law gives the BLM the authority to select lands for the protection of Wilderness designation.
Along with NEPA, this Act regulates the mining industries’ use of Federal lands. Mining that occurs on BLM lands must not cause “unnecessary or undue degradation of public lands.” Mining that occurs on USFS lands must be conducted “so as to minimize adverse environmental impacts.” Mines must meet these Agencies’ reclamation standards, which may require revegetation of the lands. The mines must also meet any State regulations.
Public Rangelands Improvement Act, 1978, as amended
Pub. L. 95-514, Oct. 25, 1978
43 USC, 1901-1908
US Code, Title 43, Public Lands
Chapter 37, Public Lands Improvement
Sections 1901-1908
Agency: US Department of the Interior, Bureau of Land Management
BLM must “manage, maintain and improve [public lands suitable for livestock grazing] so that they become as productive as feasible.”
Previous Sections on Federal Legislation:
Next Sections on Federal & State Laws:
Federal Legislation signed into law in the 1970s
Summarized by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, updated June 2022
National Environmental Policy Act (NEPA), 1970
Public Law 91-190
42 USC, 4321-4370
US Code, Title 42, The Public Health & Welfare
Chapter 55, National Environmental Policy
Sections 4321-4370
Agencies: All
Requires Federal Agencies to consider environmental effects of their actions through Environmental Impact Statements. The effects of non-native species, if harmful to the environment, must be included in the EIS.
Exclusion: APHIS may approve and issue permits for importation of nonindigenous species following an environmental assessment. Permits for importing nonindigenous species into containment facilities or interstate movement between containment facilities are excluded from NEPA.
Clean Water Act, 1972
Pub. L. 92-500
33 USC 1251-1389
US Code, Title 33, Navigation & Navigable Waters
Chapter 26, Water Pollution Prevention & Control
Sections 1251-1389
Agency: US EPA
Pre-dated by the Federal Water Pollution Control Act, 1948, the Clean Water Act of 1972 significantly expanded the laws. The CWA “establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.” The Office of Water “ensures drinking water is safe, and restores and maintains oceans, watersheds, and their aquatic ecosystems to protect human health, support economic and recreational activities, and provide healthy habitat for fish, plants, and wildlife.” The CWA includes language related to the prevention of the introduction of aquatic invasive species into water systems.
Endangered Species Act, 1973, as amended
Pub. L. 93-205, Dec. 28, 1973
16 USC 1531-1544
US Code, Title 16, Conservation
Chapter 35, Endangered Species
Sections 1531-1544
Agency: US Fish & Wildlife Service; National Marine Fisheries Service
The Endangered Species Act is designed to protect from extinction critically declining populations of plants and animals.
Federal Noxious Weed Act, 1974
Pub.L. 93-629
7 USC, 2801-2814
US Code, Title 7, Agriculture
Chapter 61, Noxious Weeds
Sections 2801-2814
Agencies: BLM, Fish & Wildlife Service, Forest Service, & National Park Service
Established Federal programs to control the spread of noxious weeds on Federal lands. Authorizes the Secretary of Agriculture to declare plants as noxious weeds. “The Secretary has the authority to inspect, seize, and destroy products, and quarantine areas, if necessary to contain, or limit the spread of such weeds.”
According to George Hittle, “The Federal Plant Protection Quarantine Act deals with management of undesirable plants on Federal land. After it went through Congress, it was attached to the Federal Noxious Weed Control Act of 1974.”
Replaced by the Management of Undesirable Plants on Federal Lands, 1990, and the Plant Protection Act, 2000
Water Resource Development Act, 1974, as amended
Public Law 93-251, March 16, 1974, with numerous amendments through 2020
42 USC 1962
US Code, Title 42, The Public Health & Welfare
Chapter 19B, Water Resources Planning
Section 1962
Agency: Secretary of the Army: US Army Corps of Engineers
The 1974 law expanded the role of the Army Corps of Engineers beyond that granted by Public Law 89-80 in 1965.
“To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.” The projects include environmental restoration of damaged water resources, which includes management of invasive species.
Federal Land Policy and Management Act, 1976, as amended
Pub.L. 94-579, Oct. 21, 1976
43 USC, 1701-1787
US Code, Title 43, Public Lands
Chapter 35, Federal Land Policy & Administration
Sections 1701-1787
Agency: US Department of the Interior, Bureau of Land Management
This law affirms the importance of public lands remaining in public ownership, thus falling under the responsibility of the Federal Government. Provides the BLM with the authority and direction for managing public lands, for multiple use and sustained yield. The law gives the BLM the authority to select lands for the protection of Wilderness designation.
Along with NEPA, this Act regulates the mining industries’ use of Federal lands. Mining that occurs on BLM lands must not cause “unnecessary or undue degradation of public lands.” Mining that occurs on USFS lands must be conducted “so as to minimize adverse environmental impacts.” Mines must meet these Agencies’ reclamation standards, which may require revegetation of the lands. The mines must also meet any State regulations.
Public Rangelands Improvement Act, 1978, as amended
Pub. L. 95-514, Oct. 25, 1978
43 USC, 1901-1908
US Code, Title 43, Public Lands
Chapter 37, Public Lands Improvement
Sections 1901-1908
Agency: US Department of the Interior, Bureau of Land Management
BLM must “manage, maintain and improve [public lands suitable for livestock grazing] so that they become as productive as feasible.”
Previous Sections on Federal Legislation:
- 1930s Federal Laws on Invasive Species
- Federal Seed Act 1939
- 1940s-1960s Federal Laws on Invasive Species
Next Sections on Federal & State Laws: