Under statute 16 U.S.C. 1604(h) of NFMA, the Forest Service is required to develop plans with independent scientists that considers biodiversity. The regulation required that planning "provide for diversity of plant and animal communities based on the suitability and capability of the specific land area in order to meet overall multiple-use objectives, and within the multiple-use objectives of a land management plan adopted pursuant to this section, provide, where appropriate, to the degree practicable, for steps to be taken to preserve the diversity of tree species similar to that existing in the region controlled by the plan." This regulation became known as the "viability regulation."