Nfma.vp

National Forest Management Act

16 U.S.C. §§1600-1687

Subchapter I—Planning

Sec.

§ 1600 [NFMA §2]

Congressional findings ..............................................729

§ 1601 [NFMA §3]

Renewable Resource Assessment ........................................729

(a) Preparation by Secretary of Agriculture; time of preparation, updating and contents ...........729

(b) Omitted ...................................................730

(d) Public involvement; consultation with governmental departments and agencies .............730

(d) Congressional policy of multiple use sustained yield management; examination and certification of

lands; estimate of appropriations necessary for reforestation and other treatment; budget requirements;

authorization of appropriations.......................................730

(e) Report on herbicides and pesticides ....................................730

§ 1602 [NFMA §4]

Renewable Resource Program; preparation by Secretary of Agriculture and transmittal to President; purpose

and development of program; time of preparation, updating and contents....................731

§ 1603 [NFMA §5]

National Forest System resource inventories; development, maintenance, and updating by Secretary of

Agriculture as part of Assessment ........................................731

§ 1604 [NFMA §6]

National Forest System land and resource management plans ..........................713

(a) Development, maintenance, and revision by Secretary of Agriculture as part of program; coordination . . 731

(b) Criteria ...................................................731

management plans .............................................731

(d) Public participation in management plans; availability of plans; public meetings ............731

(e) Required assurances ............................................731

(f) Required provisions ............................................732

(g) Promulgation of regulations for development and revision of plans; environmental considerations;

resource management guidelines; guidelines for land management plans.................732

(h) Scientific committee to aid in promulgation of regulations; termination; revision committees; clerical

and technical assistance; compensation of committee members......................732

(i) Consistency of resource plans, permits, contracts, and other instruments with land management plans;

revision ...................................................733

(j) Effective date of land management plans and revisions ..........................733

(k) Development of land management plans..................................733

(l) Program evaluation; process for estimating long-term costs and benefits; summary of data included

in annual report ...............................................733

(m) Establishment of standards to ensure culmination of mean annual increment of growth; silvicultural

practices; salvage harvesting; exceptions .................................733

§ 1605 [NFMA §7]

Protection, use and management of renewable resources on non-Federal lands; utilization of Assessment,

surveys and Program by Secretary of Agriculture to assist States, etc. .....................733

§ 1606 [NFMA §8]

Budget requests by President for Forest Service activities ............................734

(a) Transmittal to Speaker of House and President of Senate of Assessment, Program and Statement of

Policy used in framing requests; time for transmittal; implementation by President of programs

established under Statement of Policy unless Statement subsequently disapproved by Congress;

time for disapproval ............................................734

(b) Contents of requests to show extent of compliance of projected programs and policies with policies

approved by Congress; requests not conforming to approved policies; expenditure of appropriations . . 734

research programs; application of findings; status, etc., of cooperative forestry assistance programs

and activities ................................................734

(d) Required contents of annual evaluation report ...............................734

(e) Additional required contents of annual evaluation report .........................734

(f) Form of annual evaluation report .....................................734

725

§ 1606a

Reforestation Trust Fund .............................................735

(a) Establishment; source of funds.......................................735

(b) Transfer of certain tariff receipts to Trust Fund; fiscal year limitation; quarterly transfers; adjustment

of estimates .................................................735

obligations; credits for Trust Fund .....................................735

(d) Obligations from Trust Fund ........................................735

§ 1607 [NFMA §9]

National Forest System renewable resources; development and administration by Secretary of Agriculture

in accordance with multiple use and sustained yield concepts for products and services; target year for

operational posture of resources; budget requests ................................736

§ 1608 [NFMA §10]

National Forest Transportation System......................................736

(a) Congressional declaration of policy; time for development; method of financing; financing of forest

development roads .............................................736

(b) Construction of temporary roadways in connection with timber contracts, and other permits or leases. . . 736

§ 1609 [NFMA §11]

National Forest System ..............................................736

(a) Congressional declaration of constituent elements and purposes; lands etc., included within; return

of lands to public domain .........................................736

(b) Location of Forest Service offices .....................................737

§ 1610 [NFMA §12]

Implementation of provisions by Secretary of Agriculture; utilization of information and data of other

organizations; avoidance of duplication of planning, etc.; “renewable resources” defined ...........737

§ 1611 [NFMA §13]

Timber ......................................................737

(a) Limitations on removal; variations in allowable sale quantity; public participation............737

(b) Salvage harvesting .............................................737

§ 1612 [NFMA §14]

Public participation ................................................738

(a) Adequate notice and opportunity to comment ...............................738

(b) Advisory boards ..............................................738

§ 1613 [NFMA §15]

Promulgation of regulations ...........................................738

§ 1614 [NFMA §16]

Severability ....................................................738

Subchapter II—Research

§ 1641 [FRRRRA §2]

Findings and purpose ...............................................739

(a) Findings ..................................................739

(b) Relationship to other law ..........................................739

§ 1642 [FRRRRA §3]

Investigations, experiments, tests, and other activities ..............................739

(a) Authorization; scope and purposes of activities ..............................739

(b) Development of periodic Renewable Resource Assessment through survey and analysis of conditions;

implementation; authorization of appropriations..............................740

advisory committee; reports ........................................740

(d) High priority forestry and rangeland research and education .......................740

(e) Forest inventory and analysis .......................................741

§ 1643 [FRRRRA §4]

Implementation of provisions...........................................742

(a) Establishment and maintenance of research facilities; acquisition, expenditures, etc., for property . . . 742

(b) Acceptance, holding, and administration of gifts, donations, and bequests; use and investment of gifts,

proceeds, etc.; funding requirements ....................................742

agencies, etc.; funding requirements for contributions from cooperators .................742

ENVIRONMENTAL LAW DESKBOOK

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§ 1644 [FRRRRA §5]

Forestry and rangeland competitive research grants ...............................742

(a) Competitive grant authority ........................................742

(b) Emphasis on certain high priority forestry research ............................742

(d) Priorities ..................................................742

§ 1645 [FRRRRA §6]

General provisions ................................................743

(a) Availability of funds to cooperators and grantees .............................743

(b) Coordination of cooperative aid and grants with other aid and grant authorities .............743

specified entities ..............................................743

(d) Additional implementative authorities ...................................743

(e) Construction of statutory provisions ....................................743

(f) Definitions .................................................743

§ 1646 [FRRRRA §7]

Authorization of appropriations .........................................743

§ 1647 [FRRRRA §8]

Other Federal programs..............................................743

(a) Repeal of statutory authorities relating to investigation, experiments, and tests in reforestation and

forest products ...............................................743

(b) Force and effect of cooperative and other agreements under repealed statutory authorities relating to

investigation, etc., in reforestation and forest products ..........................743

research, extension, and teaching provisions................................743

(d) Availability of funds appropriated under repealed statutory authorities relating to investigation, etc.,

in reforestation and forest products ....................................743

§ 1648 [FRRRRA §9]

Recycling research ................................................743

(a) Findings ..................................................743

(b) Recycling research program ........................................743

§ 1649 [FRRRRA §10]

Forestry Student Grant Program .........................................744

(a) Establishment................................................744

(b) Student grants ...............................................744

(d) Authorization of appropriations ......................................744

§ 1650

Hardwood technology transfer and applied research ..............................744

(a) Authority of Secretary ...........................................744

(b) Grants, contracts, and cooperative agreements; gifts and donations ....................744

Technology Transfer and Applied Research ................................744

(d) Generation of revenue; deposit into Hardwood Technology Transfer and Applied Research Fund....744

(e) Authorization of appropriations ......................................744

Subchapter III—Extension Programs

§ 1671 [RREA §2]

Congressional statement of findings .......................................745

§ 1672 [RREA §3]

General program authorization ..........................................745

(a) Types of programs; preconditions and cooperation with State program directors, etc. ..........745

(b) “Eligible colleges and universities” defined ................................745

§ 1673 [RREA §4]

State programs ..................................................745

(a) Development by State program director, etc., of comprehensive and coordinated program by mutual

agreement; consultations; review procedure ................................745

(b) Encouragement by State director, etc., of cooperation between county and State extension staffs and

appropriate Federal and State agencies and organizations .........................746

NATIONAL FOREST MANAGEMENT ACT

727

(d) Appointment and use of advisory committees by State director, etc.; composition of advisory

committees .................................................746

(e) “State” defined ...............................................746

§ 1674 [RREA §5]

Renewable Resources Extension Program plan .................................746

(a) Preparation and submission to Congress; purposes; contents .......................746

(b) Considerations governing preparation ...................................746

(d) Review of activities and evaluation of progress ..............................746

§ 1674a [RREA §5A]

Expanded programs................................................746

(a) In general ..................................................746

(b) Activities ..................................................746

§ 1674b [RREA §5B]

Sustainable Forestry Outreach Initiative ....................................747

§ 1675 [RREA §6]

Authorization of appropriations; criteria for eligibility of States for funds ...................747

§ 1676 [RREA §7]

Issuance of rules and regulations for implementation of provisions and coordination with agricultural,

research, extension, and teaching provisions ...................................747

Subchapter IV—Wood Residue Utilization

§ 1681 [WRUA §2]

Congressional statement of purpose .......................................748

§ 1682 [WRUA §3]

Pilot projects and demonstrations ........................................748

(a) Establishment, implementation.......................................748

(b) Scope; residue removal credits .......................................748

§ 1683 [WRUA §4]

Pilot projects; requirements; residue removal credits as compensation; implementation guidelines ......748

§ 1684 [WRUA §5]

Annual reports ..................................................748

§ 1685 [WRUA §6]

Regulations ....................................................748

§ 1686 [WRUA §7]

Definitions ....................................................748

§ 1687 [WRUA §8]

Authorization of appropriations .........................................749

ENVIRONMENTAL LAW DESKBOOK

728

National Forest Management Act

16 U.S.C. §§1600-1687

Subchapter I—Planning

§1600. [NFMA §2]

Congressional findings

The Congress finds that—

(1) the management of the Nation’s renewable resources is

highly complex and the uses, demand for, and supply of the various

resources are subject to change over time;

(2) the public interest is served by the Forest Service, Department

of Agriculture, in cooperation with other agencies, assessing the

Nation’s renewable resources, and developing and preparing a na

tional renewable resource program, which is periodically reviewed

and updated;

(3) to serve the national interest, the renewable resource program

must be based on a comprehensive assessment of present and antici

pated uses, demand for, and supply of renewable resources from the

Nation’s public and private forests and rangelands, through analysis

of environmental and economic impacts, coordination of multiple

use and sustained yield opportunities as provided in the Multiple-Use

Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531), and

public participation in the development of the program;

(4) the new knowledge derived from coordinated public and pri

vate research programs will promote a sound technical and ecologi

cal base for effective management, use, and protection of the Na

tion’s renewable resources;

(5) inasmuch as the majority of the Nation’s forests and range-

land is under private, State, and local governmental management

and the Nation’s major capacity to produce goods and services is

based on these nonfederally managed renewable resources, the

Federal Government should be a catalyst to encourage and assist

these owners in the efficient long-term use and improvement of

these lands and their renewable resources consistent with the princi-

ples of sustained yield and multiple use;

(6) the Forest Service, by virtue of its statutory authority for man-

agement of the National Forest System, research and cooperative

programs, and its role as an agency in the Department of Agriculture,

has both a responsibility and an opportunity to be a leader in assuring

that the Nation maintains a natural resource conservation posture that

will meet the requirements of our people in perpetuity; and

(7) recycled timber product materials are as much a part of our

renewable forest resources as are the trees from which they origi

nally came, and in order to extend our timber and timber fiber re

sources and reduce pressures for timber production from Federal

lands, the Forest Service should expand its research in the use of

recycled and waste timber product materials, develop techniques

for the substitution of these secondary materials for primary mate

rials, and promote and encourage the use of recycled timber prod

uct materials.

(Pub. L. 93-378, §2, as added Pub. L. 94-588, §2, Oct. 22, 1976, 90 Stat. 2949.)

References In Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in par. (3), is Pub. L.

86-517, June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sec

tions 528 to 531 of this title. For complete classification of this Act to the Code, see

Short Title note set out under section 528 of this title and Tables.

Short Title Of 1988 Amendments

Pub. L. 100-521, Sec. 1, Oct. 24, 1988, 102 Stat. 2601, provided that: “This Act

[amending section 1642 of this title and enacting provisions set out as a note under

section 1642 of this title] may be cited as the ‘Forest Ecosystems and Atmospheric

Pollution Research Act of 1988’.”

Pub. L. 100-231, Sec. 1, Jan. 5, 1988, 101 Stat. 1565, provided that: “This Act

[amending sections 1674 and 1675 of this title and provisions set out as a note under

section 1671 of this title] may be cited as the ‘Renewable Resources Extension Act

Amendments of 1987’.”

Short Title Of 1980 Amendment

Pub. L. 96-554, Sec. 1, Dec. 19, 1980, 94 Stat. 3257, provided: “That this Act [en

acting subchapter IV of this chapter and enacting provision set out as a note under

section 1681 of this title] may be cited as the ‘Wood Residue Utilization Act of

1980’.”

Short Title Of 1978 Amendments

Pub. L. 95-307, Sec. 1, June 30, 1978, 92 Stat. 353, provided: “That this Act [en

acting subchapter II of this chapter, repealing sections 581 to 581i of this title, and

enacting provisions set out as a note under section 1641 of this title] may be cited as

the ‘Forest and Rangeland Renewable Resources Research Act of 1978’.”

Pub. L. 95-306, Sec. 1, June 30, 1978, 92 Stat. 349, provided: “That this Act [enact

ing subchapter III of this chapter and provision set out as a note under section 1671 of

this title] may be cited as the ‘Renewable Resources Extension Act of 1978’.”

Short Title Of 1976 Amendment

Section 1 of Pub. L. 94-588 provided: “That this Act [enacting this section and

sections 472a, 521b, and 1611 to 1614 of this title, amending sections 500, 515, 516,

518, 576b, 581h, and 1601 to 1610 of this title, repealing sections 476, 513 and 514

of this title, and enacting provisions set out as notes under this section and sections

476, 513, 528, and 594-2 of this title] may be cited as the ‘National Forest Manage

ment Act of 1976’.”

Short Title

Section 1 of Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476, provided: “That this Act

[enacting this subchapter and amending section 581h of this title] may be cited as the

‘Forest and Rangeland Renewable Resources Planning Act of 1974’.”

Separability

Section 21 of Pub. L. 94-588 provided that: “If any provision of this Act [see Short

Title of 1976 Amendment note set out above] or the application thereof to any per

son or circumstances is held invalid, the validity of the remainder of the Act and of

the application of such provision to other persons and circumstances shall not be af-

fected thereby.”

§1601. [NFMA §3]

Renewable Resource Assessment

(a) Preparation by Secretary of Agriculture; time of

preparation, updating and contents

In recognition of the vital importance of America’s renewable re-

sources of the forest, range, and other associated lands to the Nation’s

social and economic well-being, and of the necessity for a long term

perspective in planning and undertaking related national renewable

resource programs administered by the Forest Service, the Secretary

of Agriculture shall prepare a Renewable Resource Assessment (here

inafter called the “Assessment”). The Assessment shall be prepared

not later than December 31, 1975, and shall be updated during 1979

and each tenth year thereafter, and shall include but not be limited to—

(1) an analysis of present and anticipated uses, demand for, and

supply of the renewable resources, with consideration of the inter

national resource situation, and an emphasis of pertinent supply and

demand and price relationship trends;

(2) an inventory, based on information developed by the Forest

Service and other Federal agencies, of present and potential renew

able resources, and an evaluation of opportunities for improving

their yield of tangible and intangible goods and services, together

with estimates of investment costs and direct and indirect returns to

the Federal Government;

(3) a description of Forest Service programs and responsibilities

in research, cooperative programs and management of the National

Forest System, their interrelationships, and the relationship of these

programs and responsibilities to public and private activities;

(4) a discussion of important policy considerations, laws, regula

tions, and other factors expected to influence and affect signifi

cantly the use, ownership, and management of forest, range, and

other associated lands; and

(5) an analysis of the potential effects of global climate change

on the condition of renewable resources on the forests and range

lands of the United States; and

(6) an analysis of the rural and urban forestry opportunities to

NFMA §2 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1600

729

1. So in original. The word “and” probably should not appear.

mitigate the buildup of atmospheric carbon dioxide and reduce the

risk of global climate change,

(b) Omitted

The Secretary shall report in the 1979 and subsequent Assessments on:

(1) the additional fiber potential in the National Forest System in

cluding, but not restricted to, forest mortality, growth, salvage po

tential, potential increased forest products sales, economic con

straints, alternate markets, contract considerations, and other multi

ple use considerations;

(2) the potential for increased utilization of forest and wood prod

uct wastes in the National Forest System and on other lands, and of

urban wood wastes and wood product recycling, including recom

mendations to the Congress for actions which would lead to in

creased utilization of material now being wasted both in the forests

and in manufactured products; and

(3) the milling and other wood fiber product fabrication facilities

and their location in the United States, noting the public and private

forested areas that supply such facilities, assessing the degree of

utilization into product form of harvested trees by such facilities,

and setting forth the technology appropriate to facilities to improve

utilization either individually or in aggregate the units of harvested

trees and to reduce wasted wood fibers. The Secretary shall set forth

a program to encourage the adoption by these facilities of these

technologies for improving wood fiber utilization.

(d)

Public involvement; consultation with governmental

departments and agencies

In developing the reports required under subsection (c) of this sec-

tion, the Secretary shall provide opportunity for public involvement

and shall consult with other interested governmental departments and

agencies.

(d)

Congressional policy of multiple use sustained yield

management; examination and certification of lands; estimate

of appropriations necessary for reforestation and other

treatment; budget requirements; authorization of

appropriations

(1) It is the policy of the Congress that all forested lands in the

National Forest System shall be maintained in appropriate forest

cover with species of trees, degree of stocking, rate of growth, and

conditions of stand designed to secure the maximum benefits of

multiple use sustained yield management in accordance with land

management plans. Accordingly, the Secretary is directed to iden

tify and report to the Congress annually at the time of submission of

the President’s budget together with the annual report provided for

under section 1606(c) of this title, beginning with submission of the

President’s budget for fiscal year 1978, the amount and location by

forests and States and by productivity class, where practicable, of

all lands in the National Forest System where objectives of land

management plans indicate the need to reforest areas that have been

cut-over or otherwise denuded or deforested, and all lands with

stands of trees that are not growing at their best potential rate of

growth. All national forest lands treated from year to year shall be

examined after the first and third growing seasons and certified by

the Secretary in the report provided for under this subsection as to

stocking rate, growth rate in relation to potential and other pertinent

measures. Any lands not certified as satisfactory shall be returned to

the backlog and scheduled for prompt treatment. The level and

types of treatment shall be those which secure the most effective

mix of multiple use benefits.

(2) Notwithstanding the provisions of section 1607 of this title,

the Secretary shall annually for eight years following October 22,

1976, transmit to the Congress in the manner provided in this sub

section an estimate of the sums necessary to be appropriated, in ad

dition to the funds available from other sources, to replant and oth

erwise treat an acreage equal to the acreage to be cut over that year,

plus a sufficient portion of the backlog of lands found to be in need

of treatment to eliminate the backlog within the eight-year period.

After such eight-year period, the Secretary shall transmit annually

to the Congress an estimate of the sums necessary to replant and

otherwise treat all lands being cut over and maintain planned timber

production on all other forested lands in the National Forest System

so as to prevent the development of a backlog of needed work larger

than the needed work at the beginning of the fiscal year. The Secre

tary’s estimate of sums necessary, in addition to the sums available

under other authorities, for accomplishment of the reforestation and

other treatment of National Forest System lands under this section

shall be provided annually for inclusion in the President’s budget

and shall also be transmitted to the Speaker of the House and the

President of the Senate together with the annual report provided for

under section 1606(c) of this title at the time of submission of the

President’s budget to the Congress beginning with the budget for

fiscal year 1978. The sums estimated as necessary for reforestation

and other treatment shall include moneys needed to secure seed,

grow seedlings, prepare sites, plant trees, thin, remove deleterious

growth and underbrush, build fence to exclude livestock and ad

verse wildlife from regeneration areas and otherwise establish and

improve growing forests to secure planned production of trees and

other multiple use values.

(3) Effective for the fiscal year beginning October 1, 1977, and

each fiscal year thereafter, there is hereby authorized to be appro

priated for the purpose of reforesting and treating lands in the Na

tional Forest System $200,000,000 annually to meet requirements

of this subsection (d). All sums appropriated for the purposes of this

subsection shall be available until expended.

(e) Report on herbicides and pesticides

The Secretary shall submit an annual report to the Congress on the

amounts, types, and uses of herbicides and pesticides used in the Na-

tional Forest System, including the beneficial or adverse effects of

such uses.

(Pub. L. 93-378, §3 formerly §2, Aug. 17, 1974, 88 Stat. 476, renumbered §3

and amended Pub. L. 94-588, §2-4, Oct. 22, 1976, 90 Stat. 2949, 2950; Pub. L.

101-624, title XXIV, §2408(a), Nov. 28, 1990, 104 Stat. 4061.)

Codification

Subsec. (b) of this section amended section 581h of this title.

Termination Of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsecs. (d)(1) and (e)

of this section relating to submitting annual reports to Congress, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and pages 45 and 47 of House Document No. 103-7.

Transfer Of Functions

Enforcement functions of Secretary or other official in Department of Agricul

ture, insofar as they involve lands and programs under jurisdiction of that Depart

ment, related to compliance with this subchapter and system activities requiring co

ordination and approval under general authorities of this subchapter with respect to

pre-construction, construction, and initial operation of transportation system for Ca

nadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first anniversary of

date of initial operation of Alaska Natural Gas Transportation System, see Reorg.

Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,

effective July 1, 1979, set out in the Appendix to Title 5, Government Organization

and Employees. Office of Federal Inspector for the Alaska Natural Gas Transporta

tion System abolished and functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of

Office of Federal Inspector note under section 719e of Title 15, Commerce and

Trade. Functions and authority vested in Secretary of Energy subsequently trans

ferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by

section 720d(f) of Title 15.

Presidential Commission On State And Private Forests

Pub. L. 101-624, title XII, Sec. 1245, Nov. 28, 1990, 104 Stat. 3548, as amended

by Pub. L. 102-237, title X, Sec. 1018(b), Dec. 13, 1991, 105 Stat. 1905, established

the Commission on State and Private Forests, which was to assess the status of the

State and private forest lands of the United States and report its findings and recom

mendations to the President by Dec. 1, 1992, and which terminated 90 days after

submitting its report.

16 U.S.C. §1602 ENVIRONMENTAL LAW DESKBOOK NFMA §4

730

2. So in original. The comma probably should be a period.

3. So in original. Two subsecs. (d) have been enacted.

4. So in original. Two subsecs. (d) have been enacted.

§1602. [NFMA §4]

Renewable Resource Program; preparation by Secretary of

Agriculture and transmittal to President; purpose and

development of program; time of preparation, updating and

contents

In order to provide for periodic review of programs for management

and administration of the National Forest System, for research, for co

operative State and private Forest Service programs, and for conduct

of other Forest Service activities in relation to the findings of the As

sessment, the Secretary of Agriculture, utilizing information available

to the Forest Service and other agencies within the Department of Ag

riculture, including data prepared pursuant to section 1010a of title 7,

shall prepare and transmit to the President a recommended Renewable

Resource Program (hereinafter called the “Program”). The Program

transmitted to the President may include alternatives, and shall pro

vide in appropriate detail for protection, management, and develop

ment of the National Forest System, including forest development

roads and trails; for cooperative Forest Service programs; and for re

search. The Program shall be developed in accordance with principles

set forth in the Multiple-Use Sustained-Yield Act of June 12, 1960 (74

Stat. 215; 16 U.S.C. 528-531), and the National Environmental Policy

Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. The Program shall

be prepared not later than December 31, 1975, to cover the four-year

period beginning October 1, 1976, and at least each of the four fiscal

decades next following such period, and shall be updated no later than

during the first half of the fiscal year ending September 30, 1980, and

the first half of each fifth fiscal year thereafter to cover at least each of

the four fiscal decades beginning next after such updating. The Pro

gram shall include, but not be limited to—

(1) an inventory of specific needs and opportunities for both pub-

lic and private program investments. The inventory shall differenti-

ate between activities which are of a capital nature and those which

are of an operational nature;

(2) specific identification of Program outputs, results anticipated,

and benefits associated with investments in such a manner that the

anticipated costs can be directly compared with the total related bene-

fits and direct and indirect returns to the Federal Government;

(3) a discussion of priorities for accomplishment of inventoried

Program opportunities, with specified costs, outputs, results, and

benefits;

(4) a detailed study of personnel requirements as needed to im

plement and monitor existing and ongoing programs; and

(5) Program recommendations which—

(A) evaluate objectives for the major Forest Service programs

in order that multiple-use and sustained-yield relationships

among and within the renewable resources can be determined;

(B) explain the opportunities for owners of forests and range

land to participate in programs to improve and enhance the con

dition of the land and the renewable resource products therefrom;

propriate, improve the quality of soil, water, and air resources;

(D) state national goals that recognize the interrelationships

between and interdependence within the renewable resources;

(E) evaluate the impact of the export and import of raw logs

upon domestic timber supplies and prices; and

(F) account for the effects of global climate change on forest

and rangeland conditions, including potential effects on the geo

graphic ranges of species, and on forest and rangeland products.

(Pub. L. 93-378, §4, formerly §3, Aug. 17, 1974, 88 Stat. 477, renumbered §4

and amended Pub. L. 94-588, §2, 5, Oct. 22, 1976, 90 Stat. 2949, 2951; Pub. L.

101-624, title XXIV, §2408(b), Nov. 28, 1990, 104 Stat. 4061.)

References In Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in text, is Pub. L.

86-517, June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sec

tions 528 to 531 of this title. For complete classification of this Act to the Code, see

Short Title note set out under section 528 of this title and Tables.

The National Environmental Policy Act of 1969, referred to in text, is Pub. L.

91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chap

ter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set out under section 4321

of Title 42 and Tables.

Transfer Of Functions

For transfer of certain enforcement functions of Secretary or other official in De

partment of Agriculture under this subchapter to Federal Inspector, Office of Fed

eral Inspector for Alaska Natural Gas Transportation System, and subsequent trans

fer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas

Transportation Projects, see note set out under section 1601 of this title.

§1603. [NFMA §5]

National Forest System resource inventories; development,

maintenance, and updating by Secretary of Agriculture as

part of Assessment

As a part of the Assessment, the Secretary of Agriculture shall de

velop and maintain on a continuing basis a comprehensive and appro

priately detailed inventory of all National Forest System lands and re

newable resources. This inventory shall be kept current so as to reflect

changes in conditions and identify new and emerging resources and

values.

(Pub. L. 93-378, §5, formerly §4, Aug. 17, 1974, 88 Stat. 477, renumbered §5,

Pub. L. 94-588, §2, Oct. 22, 1976, 90 Stat. 2949.)

§1604. [NFMA §6]

National Forest System land and resource management

plans

(a) Development, maintenance, and revision by Secretary of

Agriculture as part of program; coordination

As a part of the Program provided for by section 1602 of this title,

the Secretary of Agriculture shall develop, maintain, and, as appropri

ate, revise land and resource management plans for units of the Na

tional Forest System, coordinated with the land and resource manage-

ment planning processes of State and local governments and other

Federal agencies.

(b) Criteria

In the development and maintenance of land management plans for

use on units of the National Forest System, the Secretary shall use a

systematic interdisciplinary approach to achieve integrated consid-

eration of physical, biological, economic, and other sciences.

time of completion; progress reports; existing management

plans

The Secretary shall begin to incorporate the standards and guide-

lines required by this section in plans for units of the National Forest

System as soon as practicable after October 22, 1976, and shall at

tempt to complete such incorporation for all such units by no later than

September 30, 1985. The Secretary shall report to the Congress on the

progress of such incorporation in the annual report required by section

1606(c) of this title. Until such time as a unit of the National Forest

System is managed under plans developed in accordance with this

subchapter, the management of such unit may continue under existing

land and resource management plans.

(d) Public participation in management plans; availability of

plans; public meetings

The Secretary shall provide for public participation in the develop

ment, review, and revision of land management plans including, but

not limited to, making the plans or revisions available to the public at

convenient locations in the vicinity of the affected unit for a period of

at least three months before final adoption, during which period the

Secretary shall publicize and hold public meetings or comparable pro

cesses at locations that foster public participation in the review of such

plans or revisions.

(e) Required assurances

In developing, maintaining, and revising plans for units of the Na

tional Forest System pursuant to this section, the Secretary shall as

sure that such plans—

(1) provide for multiple use and sustained yield of the products

and services obtained therefrom in accordance with the Multiple-

Use Sustained-Yield Act of 1960 [16 U.S.C. 528-531], and, in par

ticular, include coordination of outdoor recreation, range, timber,

watershed, wildlife and fish, and wilderness; and

(2) determine forest management systems, harvesting levels, and

procedures in the light of all of the uses set forth in subsection (c)(1)

of this section, the definition of the terms “multiple use” and “sus

NFMA §6 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1604

731

tained yield” as provided in the Multiple-Use Sustained-Yield Act

of 1960, and the availability of lands and their suitability for re

source management.

(f) Required provisions

Plans developed in accordance with this section shall—

(1) form one integrated plan for each unit of the National Forest

System, incorporating in one document or one set of documents,

available to the public at convenient locations, all of the features re

quired by this section;

(2) be embodied in appropriate written material, including maps

and other descriptive documents, reflecting proposed and possible

actions, including the planned timber sale program and the propor

tion of probable methods of timber harvest within the unit necessary

to fulfill the plan;

(3) be prepared by an interdisciplinary team. Each team shall pre

pare its plan based on inventories of the applicable resources of the

forest;

(4) be amended in any manner whatsoever after final adoption af

ter public notice, and, if such amendment would result in a signifi

cant change in such plan, in accordance with the provisions of sub

sections (e) and (f) of this section and public involvement compara

ble to that required by subsection (d) of this section; and

(5) be revised (A) from time to time when the Secretary finds

conditions in a unit have significantly changed, but at least every

fifteen years, and (B) in accordance with the provisions of subsec

tions (e) and (f) of this section and public involvement comparable

to that required by subsection (d) of this section.

(g) Promulgation of regulations for development and revision

of plans; environmental considerations; resource management

guidelines; guidelines for land management plans

As soon as practicable, but not later than two years after October 22,

1976, the Secretary shall in accordance with the procedures set forth in

section 553 of title 5, promulgate regulations, under the principles of

the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528-531]

that set out the process for the development and revision of the land

management plans, and the guidelines and standards prescribed by

this subsection. The regulations shall include, but not be limited to—

(1) specifying procedures to insure that land management plans

are prepared in accordance with the National Environmental Policy

Act of 1969 [42 U.S.C. 4321 et seq.], including, but not limited to,

direction on when and for what plans an environmental impact

statement required under section 102(2)(C) of that Act [42 U.S.C.

4332(2)(C)] shall be prepared;

(2) specifying guidelines which—

(A) require the identification of the suitability of lands for re

source management;

(B) provide for obtaining inventory data on the various renew

able resources, and soil and water, including pertinent maps,

graphic material, and explanatory aids; and

tions involving hazards to the various resources and their rela

tionship to alternative activities;

(3) specifying guidelines for land management plans developed

to achieve the goals of the Program which—

(A) insure consideration of the economic and environmental

aspects of various systems of renewable resource management,

including the related systems of silviculture and protection of

forest resources, to provide for outdoor recreation (including wil

derness), range, timber, watershed, wildlife, and fish;

(B) 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 sec

tion, 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;

and assessment in the field) evaluation of the effects of each man

agement system to the end that it will not produce substantial and

permanent impairment of the productivity of the land;

(D) permit increases in harvest levels based on intensified

management practices, such as reforestation, thinning, and tree

improvement if (i) such practices justify increasing the harvests

in accordance with the Multiple-Use Sustained-Yield Act of

1960, and (ii) such harvest levels are decreased at the end of each

planning period if such practices cannot be successfully imple

mented or funds are not received to permit such practices to con

tinue substantially as planned;

(E) insure that timber will be harvested from National Forest

System lands only where—

(i) soil, slope, or other watershed conditions will not be irre

versibly damaged;

(ii) there is assurance that such lands can be adequately re

stocked within five years after harvest;

(iii) protection is provided for streams, streambanks, shore

lines, lakes, wetlands, and other bodies of water from detrimen

tal changes in water temperatures, blockages of water courses,

and deposits of sediment, where harvests are likely to seriously

and adversely affect water conditions or fish habitat; and

(iv) the harvesting system to be used is not selected primar

ily because it will give the greatest dollar return or the greatest

unit output of timber; and

(F) insure that clearcutting, seed tree cutting, shelterwood cut

ting, and other cuts designed to regenerate an evenaged stand of

timber will be used as a cutting method on National Forest Sys

tem lands only where—

(i) for clearcutting, it is determined to be the optimum

method, and for other such cuts it is determined to be appropri

ate, to meet the objectives and requirements of the relevant

land management plan;

(ii) the interdisciplinary review as determined by the Secre-

tary has been completed and the potential environmental, bio-

logical, esthetic, engineering, and economic impacts on each

advertised sale area have been assessed, as well as the consis-

tency of the sale with the multiple use of the general area;

(iii) cut blocks, patches, or strips are shaped and blended to

the extent practicable with the natural terrain;

(iv) there are established according to geographic areas, for-

est types, or other suitable classifications the maximum size

limits for areas to be cut in one harvest operation, including

provision to exceed the established limits after appropriate

public notice and review by the responsible Forest Service of-

ficer one level above the Forest Service officer who normally

would approve the harvest proposal: Provided, That such lim

its shall not apply to the size of areas harvested as a result of

natural catastrophic conditions such as fire, insect and disease

attack, or windstorm; and

(v) such cuts are carried out in a manner consistent with the

protection of soil, watershed, fish, wildlife, recreation, and es

thetic resources, and the regeneration of the timber resource.

(h) Scientific committee to aid in promulgation of regulations;

termination; revision committees; clerical and technical

assistance; compensation of committee members

(1) In carrying out the purposes of subsection (g) of this section,

the Secretary of Agriculture shall appoint a committee of scientists

who are not officers or employees of the Forest Service. The com

mittee shall provide scientific and technical advice and counsel on

proposed guidelines and procedures to assure that an effective in

terdisciplinary approach is proposed and adopted. The committee

shall terminate upon promulgation of the regulations, but the Secre

tary may, from time to time, appoint similar committees when con

sidering revisions of the regulations. The views of the committees

shall be included in the public information supplied when the regu

lations are proposed for adoption.

(2) Clerical and technical assistance, as may be necessary to dis

charge the duties of the committee, shall be provided from the per

sonnel of the Department of Agriculture.

(3) While attending meetings of the committee, the members

shall be entitled to receive compensation at a rate of $100 per diem,

including traveltime, and while away from their homes or regular

places of business they may be allowed travel expenses, including

16 U.S.C. §1604 ENVIRONMENTAL LAW DESKBOOK NFMA §6

732

per diem in lieu of subsistence, as authorized by section 5703 of title

5, for persons in the Government service employed intermittently.

(i) Consistency of resource plans, permits, contracts, and other

instruments with land management plans; revision

Resource plans and permits, contracts, and other instruments for the

use and occupancy of National Forest System lands shall be consistent

with the land management plans. Those resource plans and permits,

contracts, and other such instruments currently in existence shall be

revised as soon as practicable to be made consistent with such plans.

When land management plans are revised, resource plans and permits,

contracts, and other instruments, when necessary, shall be revised as

soon as practicable. Any revision in present or future permits, con

tracts, and other instruments made pursuant to this section shall be

subject to valid existing rights.

(j) Effective date of land management plans and revisions

Land management plans and revisions shall become effective thirty

days after completion of public participation and publication of notifi

cation by the Secretary as required under subsection (d) of this section.

(k) Development of land management plans

In developing land management plans pursuant to this subchapter,

the Secretary shall identify lands within the management area which

are not suited for timber production, considering physical, economic,

and other pertinent factors to the extent feasible, as determined by the

Secretary, and shall assure that, except for salvage sales or sales neces

sitated to protect other multiple-use values, no timber harvesting shall

occur on such lands for a period of 10 years. Lands once identified as

unsuitable for timber production shall continue to be treated for refor

estation purposes, particularly with regard to the protection of other

multiple-use values. The Secretary shall review his decision to clas-

sify these lands as not suited for timber production at least every 10

years and shall return these lands to timber production whenever he

determines that conditions have changed so that they have become

suitable for timber production.

(l) Program evaluation; process for estimating long-term costs

and benefits; summary of data included in annual report

The Secretary shall—

(1) formulate and implement, as soon as practicable, a process for

estimating long-terms

costs and benefits to support the program

evaluation requirements of this subchapter. This process shall in-

clude requirements to provide information on a representative sam-

ple basis of estimated expenditures associated with the reforesta

tion, timber stand improvement, and sale of timber from the Na

tional Forest System, and shall provide a comparison of these ex

penditures to the return to the Government resulting from the sale of

timber; and

(2) include a summary of data and findings resulting from these

estimates as a part of the annual report required pursuant to section

1606(c) of this title, including an identification on a representative

sample basis of those advertised timber sales made below the esti

mated expenditures for such timber as determined by the above cost

process; and

(m) Establishment of standards to ensure culmination of mean

annual increment of growth; silvicultural practices; salvage

harvesting; exceptions

The Secretary shall establish—

(1) standards to insure that, prior to harvest, stands of trees

throughout the National Forest System shall generally have reached

the culmination of mean annual increment of growth (calculated on

the basis of cubic measurement or other methods of calculation at

the discretion of the Secretary): Provided, That these standards

shall not preclude the use of sound silvicultural practices, such as

thinning or other stand improvement measures: Provided further,

That these standards shall not preclude the Secretary from salvage

or sanitation harvesting of timber stands which are substantially

damaged by fire, windthrow or other catastrophe, or which are in

imminent danger from insect or disease attack; and

(2) exceptions to these standards for the harvest of particular spe

cies of trees in management units after consideration has been given

to the multiple uses of the forest including, but not limited to, rec

reation, wildlife habitat, and range and after completion of public

participation processes utilizing the procedures of subsection (d) of

this section.

(Pub. L. 93-378, §6, formerly, §5, Aug. 17, 1974, 88 Stat. 477, renumbered §6

and amended Pub. L. 94-588, §2, 6, 12(a), Oct. 22, 1976, 90 Stat. 2949, 2952,

2958.)

References In Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in subsecs. (e) and (g),

is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended, which is classified gener

ally to sections 528 to 531 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 528 of this title and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (g)(1), is

Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally

to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title note set out under sec

tion 4321 of Title 42 and Tables.

Transfer Of Functions

For transfer of certain enforcement functions of Secretary or other official in De

partment of Agriculture under this subchapter to Federal Inspector, Office of Fed

eral Inspector for Alaska Natural Gas Transportation System, and subsequent trans

fer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas

Transportation Projects, see note set out under section 1601 of this title.

Revision Of Forest Plans

Pub. L. 109-54, title IV, Sec. 415, Aug. 2, 2005, 119 Stat. 551, provided that:

“Prior to October 1, 2006, the Secretary of Agriculture shall not be considered to

be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable

Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more

than 15 years have passed without revision of the plan for a unit of the National For

est System. Nothing in this section exempts the Secretary from any other require

ment of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C.

1600 et seq.) or any other law: Provided, That if the Secretary is not acting expedi-

tiously and in good faith, within the funding available, to revise a plan for a unit of

the National Forest System, this section shall be void with respect to such plan and a

court of proper jurisdiction may order completion of the plan on an accelerated ba-

sis.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 108-447, div. E, title III, Sec. 320, Dec. 8, 2004, 118 Stat. 3097.

Pub. L. 108-108, title III, Sec. 320, Nov. 10, 2003, 117 Stat. 1306.

Pub. L. 108-7, div. F, title III, Sec. 320, Feb. 20, 2003, 117 Stat. 274.

Pub. L. 107-63, title III, Sec. 327, Nov. 5, 2001, 115 Stat. 470.

Expeditious Completion Of Management Plans Of Forest Service And

Bureau Of Land Management; Continuation Of Existing Plans; Judicial

Review

Pub. L. 101-121, title III, Sec. 312, Oct. 23, 1989, 103 Stat. 743, provided that:

“The Forest Service and Bureau of Land Management are to continue to complete as

expeditiously as possible development of their respective Forest Land and Resource

Management Plans to meet all applicable statutory requirements. Notwithstanding

the date in section 6(c) of the NFMA (16 U.S.C. 1600) [16 U.S.C. 1604(c)], the For

est Service, and the Bureau of Land Management under separate authority, may con

tinue the management of lands within their jurisdiction under existing land and re

source management plans pending the completion of new plans. Nothing shall limit

judicial review of particular activities on these lands: Provided, however, That there

shall be no challenges to any existing plan on the sole basis that the plan in its en

tirety is outdated, or in the case of the Bureau of Land Management, solely on the ba

sis that the plan does not incorporate information available subsequent to the com

pletion of the existing plan: Provided further, That any and all particular activities to

be carried out under existing plans may nevertheless be challenged.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 100-446, title III, Sec. 314, Sept. 27, 1988, 102 Stat. 1825.

Pub. L. 100-202, Sec. 101(g) (title III, Sec. 314), Dec. 22, 1987, 101 Stat. 1329-

213, 1329-254.

Pub. L. 99-591, Sec. 101(h) (title II), Oct. 30, 1986, 100 Stat. 3341-242, 3341-

268, and Pub. L. 99-500, Sec. 101(h) (title II), Oct. 18, 1986, 100 Stat. 1783-242,

1783-268.

§1605. [NFMA §7]

Protection, use and management of renewable resources on

non-Federal lands; utilization of Assessment, surveys and

Program by Secretary of Agriculture to assist States, etc.

The Secretary of Agriculture may utilize the Assessment, resource

surveys, and Program prepared pursuant to this subchapter to assist

States and other organizations in proposing the planning for the pro

tection, use, and management of renewable resources on non-Federal

land.

NFMA §7 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1605

733

5. So in original. Probably should be “long-term”.

6. So in original. The “; and” probably should be a period.

(Pub. L. 93-378, §7, formerly §6, Aug. 17, 1974, 88 Stat. 478, renumbered §7,

Pub. L. 94-588, §2, Oct. 22, 1976, 90 Stat. 2949.)

§1606. [NFMA §8]

Budget requests by President for Forest Service activities

(a) Transmittal to Speaker of House and President of Senate of

Assessment, Program and Statement of Policy used in framing

requests; time for transmittal; implementation by President of

programs established under Statement of Policy unless

Statement subsequently disapproved by Congress; time for

disapproval

On the date Congress first convenes in 1976 and thereafter follow

ing each updating of the Assessment and the Program, the President

shall transmit to the Speaker of the House of Representatives and the

President of the Senate, when Congress convenes, the Assessment as

set forth in section 1601 of this title and the Program as set forth in sec

tion 1602 of this title, together with a detailed Statement of Policy in

tended to be used in framing budget requests by that Administration

for Forest Service activities for the five— or ten-year program period

beginning during the term of such Congress for such further action

deemed appropriate by the Congress. Following the transmission of

such Assessment, Program, and Statement of Policy, the President

shall, subject to other actions of the Congress, carry out programs al

ready established by law in accordance with such Statement of Policy

or any subsequent amendment or modification thereof approved by

the Congress, unless, before the end of the first period of ninety calen

dar days of continuous session of Congress after the date on which the

President of the Senate and the Speaker of the House are recipients of

the transmission of such Assessment, Program, and Statement of Pol-

icy, either House adopts a resolution reported by the appropriate com-

mittee of jurisdiction disapproving the Statement of Policy. For the

purpose of this subsection, the continuity of a session shall be deemed

to be broken only by an adjournment sine die, and the days on which

either House is not in session because of an adjournment of more than

three days to a day certain shall be excluded in the computation of the

ninety-day period. Notwithstanding any other provision of this sub-

chapter, Congress may revise or modify the Statement of Policy trans-

mitted by the President, and the revised or modified Statement of Pol-

icy shall be used in framing budget requests.

(b) Contents of requests to show extent of compliance of

projected programs and policies with policies approved by

Congress; requests not conforming to approved policies;

expenditure of appropriations

Commencing with the fiscal budget for the year ending September

30, 1977, requests presented by the President to the Congress govern

ing Forest Service activities shall express in qualitative and quantita

tive terms the extent to which the programs and policies projected un

der the budget meet the policies approved by the Congress in accor

dance with subsection (a) of this section. In any case in which such

budget so presented recommends a course which fails to meet the poli

cies so established, the President shall specifically set forth the reason

or reasons for requesting the Congress to approve the lesser programs

or policies presented. Amounts appropriated to carry out the policies

approved in accordance with subsection (a) of this section shall be ex

pended in accordance with the Congressional Budget and Impound

ment Control Act of 1974.

components; time of submission; status of major research

programs; application of findings; status, etc., of cooperative

forestry assistance programs and activities

For the purpose of providing information that will aid Congress in

its oversight responsibilities and improve the accountability of agency

expenditures and activities, the Secretary of Agriculture shall prepare

an annual report which evaluates the component elements of the Pro

gram required to be prepared by section 1602 of this title which shall

be furnished to the Congress at the time of submission of the annual

fiscal budget commencing with the third fiscal year after August 17,

1974. With regard to the research component of the program, the re

port shall include, but not be limited to, a description of the status of

major research programs, significant findings, and how these findings

will be applied in National Forest System management and in coop

erative State and private Forest Service programs. With regard to the

cooperative forestry assistance part of the Program, the report shall in

clude, but not be limited to, a description of the status, accomplish

ments, needs, and work backlogs for the programs and activities con

ducted under the Cooperative Forestry Assistance Act of 1978 [16

U.S.C. 2101 et seq.].

(d) Required contents of annual evaluation report

These annual evaluation reports shall set forth progress in imple

menting the Program required to be prepared by section 1602 of this ti

tle, together with accomplishments of the Program as they relate to the

objectives of the Assessment. Objectives should be set forth in quali

tative and quantitative terms and accomplishments should be reported

accordingly. The report shall contain appropriate measurements of

pertinent costs and benefits. The evaluation shall assess the balance

between economic factors and environmental quality factors. Pro

gram benefits shall include, but not be limited to, environmental qual

ity factors such as esthetics, public access, wildlife habitat, recrea

tional and wilderness use, and economic factors such as the excess of

cost savings over the value of foregoing benefits and the rate of return

on renewable resources.

(e) Additional required contents of annual evaluation report

The reports shall indicate plans for implementing corrective action

and recommendations for new legislation where warranted.

(f) Form of annual evaluation report

The reports shall be structured for Congress in concise summary

form with necessary detailed data in appendices.

(Pub. L. 93-378, §8, formerly §7, Aug. 17, 1974, 88 Stat. 478, renumbered §8

and amended Pub. L. 94-588, §2, 7, 12(b), Oct. 22, 1976, 90 Stat. 2949, 2956,

2958; Pub. L. 95-313, §15, formerly §12, July 1, 1978, 92 Stat. 374, renum-

bered §15, Pub. L. 101-624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525.)

References In Text

The Congressional Budget and Impoundment Control Act of 1974, referred to in

subsec. (b), is Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For complete

classification of this Act to the Code, see Short Title note set out under section 621 of

Title 2, The Congress, and Tables.

The Cooperative Forestry Assistance Act of 1978, referred to in subsec. (c), is

Pub. L. 95-313, July 1, 1978, 92 Stat. 365, which is classified principally to chapter

41 (Sec. 2101 et seq.) of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2101 of this title and Tables.

Effective Date Of 1978 Amendment

Amendment by Pub. L. 95-313 effective Oct. 1, 1978, see section 17 of Pub. L.

95-313, set out as an Effective Date note under section 2101 of this title.

Termination Of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsecs. (a) and (c) of

this section relating to transmitting an updated Assessment, Program, and Statement

of Policy to the Speaker of the House of Representatives and the President of the

Senate and furnishing an annual report to Congress, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title 31, Money and Fi

nance, and pages 45 and 48 of House Document No. 103-7.

Statement Of Policy

Pub. L. 96-514, title III, Sec. 310, Dec. 12, 1980, 94 Stat. 2984, provided that:

“The Statement of Policy transmitted by the President to the Speaker of the House of

Representatives and the President of the Senate on June 19, 1980, as required under

section 8 of the Forest and Rangeland Renewable Resources Planning Act of 1974

[this section], is revised and modified to read as follows:

“STATEMENT OF POLICY

“BASIC PRINCIPLES

“It is the policy of the United States—

“(1) forests and rangeland, in all ownerships, should be managed to maximize

their net social and economic contributions to the Nation’s well being, in an envi

ronmentally sound manner.

“(2) the Nation’s forested land, except such public land that is determined by

law or policy to be maintained in its existing or natural state, should be managed at

levels that realize its capabilities to satisfy the Nation’s need for food, fiber, en

ergy, water, soil stability, wildlife and fish, recreation, and esthetic values.

“(3) the productivity of suitable forested land, in all ownerships, should be main

tained and enhanced to minimize the inflationary impacts of wood product prices on

the domestic economy and permit a net export of forest products by the year 2030.

“(4) in order to achieve this goal, it is recognized that in the major timber grow

ing regions most of the commercial timber lands will have to be brought to and

maintained, where possible, at 90 percent of their potential level of growth, con

sistent with the provisions of the National Forest Management Act of 1976 [see

Short Title of 1976 Amendment note set out under section 1600 of this title] on

Federal lands, so that all resources are utilized in the combination that will best

meet the needs of the American people.

“(5) forest and rangeland protection programs should be improved to more ade

16 U.S.C. §1606 ENVIRONMENTAL LAW DESKBOOK NFMA §8

734

quately protect forest and rangeland resources from fire, erosion, insects, disease,

and the introduction or spread of noxious weeds, insects, and animals.

“(6) the Federal agencies carrying out the policies contained in this Statement

will cooperate and coordinate their efforts to accomplish the goals contained in

this Statement and will consult, coordinate, and cooperate with the planning ef

forts of the States.

“(7) in carrying out the Assessment and the Program under the Forest and

Rangeland Renewable Resources Planning Act of 1974 [this subchapter] and the

Appraisal and the Program under the Soil and Water Resources Conservation Act

of 1977 [section 2001 et seq. of this title], the Secretary of Agriculture shall assure

that resources and economic information and evaluation data will be continually

improved so that the best possible information is always available for use by Fed

eral agencies and the public.

“RANGE LAND DATA BASE AND ITS IMPROVEMENT

“The data on and understanding of the cover and condition of range lands is less

refined than the data on and understanding of commercial forest land. Range lands

have significant value in the production of water and protection of watersheds; the

production of fish and wildlife food and habitat; recreation; and the production of

livestock forage. An adequate data base on the cover and condition of range lands

should be developed by the year 1990. Currently, cattle production from these lands

is annually estimated at 213 million animal unit months of livestock forage. These

lands should be maintained and enhanced, including their water and other resource

values, so that they can annually provide 310 million animal units months of forage

by the year 2030, along with other benefits.

“GENERAL ACCEPTANCE OF HIGH BOUND PROGRAM

“Congress generally accepts the ‘high-bound’ program described on pages 7

through 18 of the 1980 Report to Congress on the Nation’s Renewable Resources

prepared by the Secretary of Agriculture. However, Congress finds that the ‘high

-bound’ program may not be sufficient to accomplish the goals contained in this

statement, particularly in the area of range and watershed resources, State and pri

vate forest cooperation and timber management.

“STATE AND PRIVATE LANDS

“States and owners of private forest and rangelands will be encouraged, consistent

with their individual objectives, to manage their land in support of this Statement of

Policy. The State and private forestry and range programs of the Forest Service will

be essential to the furtherance of this Statement of Policy.

“FUNDING THE GOALS

“In order to accomplish the policy goals contained in this statement by the year

2030, the Federal Government should adequately fund programs of research (in-

cluding cooperative research), extension, cooperative forestry assistance and pro-

tection, and improved management of the forest and rangelands. The Secretary of

Agriculture shall continue his efforts to evaluate the cost-effectiveness of the renew-

able resource programs.”

Statement Of Purposes Of Amendment By Cooperative Forestry Assistance

Act Of 1978

Section 15, formerly section 12 of Pub. L. 95-313, renumbered Sec. 15, Pub. L.

101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104 Stat. 3525, provided in part that

the amendment of subsec. (c) of this section by Pub. L. 95-313 is to insure that Con

gress has adequate information to implement its oversight responsibilities and to

provide accountability for expenditures and activities under the Cooperative For

estry Assistance Act of 1978. See Short Title note set out under section 2101 of this

title for classification of the Cooperative Forestry Assistance Act of 1978 in the

Code.

§1606a.

Reforestation Trust Fund

(a) Establishment; source of funds

There is established in the Treasury of the United States a trust fund,

to be known as the Reforestation Trust Fund (hereinafter in this sec

tion referred to as the “Trust Fund”), consisting of such amounts as are

transferred to the Trust Fund under subsection (b)(1) of this section

and any interest earned on investment of amounts in the Trust Fund

under subsection (c)(2) of this section.

(b) Transfer of certain tariff receipts to Trust Fund; fiscal year

limitation; quarterly transfers; adjustment of estimates

(1) Subject to the limitation in paragraph (2), the Secretary of the

Treasury shall transfer to the Trust Fund an amount equal to the sum

of the tariffs received in the Treasury after January 1, 1989, under

headings 4401 through 4412 and subheadings 4418.50.00,

4418.90.20, 4420.10.00, 4420.90.80, 4421.90.10 through

4421.90.20, and 4421.90.70 of chapter 44, subheadings 6808.00.00

and 6809.11.00 of chapter 68 and subheading 9614.10.00 of chapter

96 of the Harmonized Tariff Schedule of the United States.

(2) The Secretary shall not transfer more than $30,000,000 to the

Trust Fund for any fiscal year.

(3) The amounts required to be transferred to the Trust Fund un

der paragraph (1) shall be transferred at least quarterly from the

general fund of the Treasury to the Trust Fund on the basis of esti

mates made by the Secretary of the Treasury. Proper adjustment

shall be made in the amounts subsequently transferred to the extent

prior estimates were in excess of or less than the amounts required

to be transferred.

document; investments; sale and redemption of obligations;

credits for Trust Fund

(1) It shall be the duty of the Secretary of the Treasury to hold the

Trust Fund, and (after consultation with the Secretary of Agriculture)

to report to the Congress each year on the financial condition and the

results of the operations of the Trust Fund during the preceding fiscal

year and on its expected condition and operations during the next fis

cal year. Such report shall be printed as both a House and Senate

document of the session of the Congress to which the report is made.

(2)(A) It shall be the duty of the Secretary of the Treasury to in

vest such portion of the Trust Fund as is not, in his judgment, re

quired to meet current withdrawals. Such investments may be made

only in interest-bearing obligations of the United States or in obli

gations guaranteed as to both principal and interest by the United

States. For such purpose, such obligations may be acquired (i) on

original issue at the issue price, or (ii) by purchase of outstanding

obligations at the market price. The purposes for which obligations

of the United States may be issued under chapter 31 of title 31 are

hereby extended to authorize the issuance at par of special obliga

tions exclusively to the Trust Fund. Such special obligations shall

bear interest at a rate equal to the average rate of interest, computed

as to the end of the calendar month next preceding the date of such

issue, borne by all marketable interest-bearing obligations of the

United States then forming a part of the Public Debt; except that

where such average rate is not a multiple of one-eighth of 1 percent,

the rate of interest of such special obligations shall be the multiple

of one-eighth of 1 percent next lower than such average rate. Such

special obligations shall be issued only if the Secretary of the Treas-

ury determines that the purchase of other interest-bearing obliga-

tions of the United States, or of obligations guaranteed as to both

principal and interest by the United States on original issue or at the

market price, is not in the public interest.

(B) Any obligation acquired by the Trust Fund (except special

obligations issued exclusively to the Trust Fund) may be sold by

the Secretary of the Treasury at the market price, and such special

obligations may be redeemed at par plus accrued interest.

tion of, any obligations held in Trust Fund shall be credited to and

form a part of the Trust Fund.

(d) Obligations from Trust Fund

The Secretary of Agriculture is on and after December 19, 1985,

authorized to obligate such sums as are available in the Trust Fund (in

cluding any amounts not obligated in previous fiscal years) for—

(1) reforestation and timber stand improvement as specified in

section 1601(d) of this title and other forest stand improvement ac

tivities to enhance forest health and reduce hazardous fuel loads of

forest stands in the National Forest System; and

(2) properly allocable administrative costs of the Federal Gov

ernment for the activities specified above.

(Pub. L. 96-451, title III, §303, Oct. 14, 1980, 94 Stat. 1991; Pub. L. 97-424, ti

tle IV, §422, Jan. 6, 1983, 96 Stat. 2164; Pub. L. 99-190, §101(d) (title II, §201),

Dec. 19, 1985, 99 Stat. 1224, 1245; Pub. L. 100-418, title I, §1214(r), Aug. 23,

1988, 102 Stat. 1160; Pub. L. 105-83, title III, §322, Nov. 14, 1997, 111 Stat.

1596.)

References In Text

The Harmonized Tariff Schedule of the United States, referred to in subsec.

(b)(1), is not set out in the Code. See Publication of Harmonized Tariff Schedule

note set out under section 1202 of Title 19, Customs Duties.

Codification

Section was not enacted as part of the Forest and Rangeland Renewable Re

sources Planning Act of 1974 which comprises this subchapter.

In subsec. (c)(2)(A), “chapter 31 of title 31” substituted for “the Second Liberty

Bond Act, as amended” on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96

Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Effective Date Of 1988 Amendment

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable with re

spect to articles entered on or after such date, see section 1217(b)(1) of Pub. L.

NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1606a

735

100-418, set out as an Effective Date note under section 3001 of Title 19, Customs

Duties.

Termination Of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (c)(1) of this

section relating to reporting to Congress each year, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title 31, Money and Fi

nance, and page 143 of House Document No. 103-7.

§1607. [NFMA §9]

National Forest System renewable resources; development

and administration by Secretary of Agriculture in

accordance with multiple use and sustained yield concepts

for products and services; target year for operational

posture of resources; budget requests

The Secretary of Agriculture shall take such action as will assure

that the development and administration of the renewable resources of

the National Forest System are in full accord with the concepts for

multiple use and sustained yield of products and services as set forth in

the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528-531].

To further these concepts, the Congress hereby sets the year 2000 as

the target year when the renewable resources of the National Forest

System shall be in an operating posture whereby all backlogs of

needed treatment for their restoration shall be reduced to a current ba

sis and the major portion of planned intensive multiple-use sustained-

yield management procedures shall be installed and operating on an

environmentally-sound basis. The annual budget shall contain re

quests for funds for an orderly program to eliminate such backlogs:

Provided, That when the Secretary finds that (1) the backlog of areas

that will benefit by such treatment has been eliminated, (2) the cost of

treating the remainder of such area exceeds the economic and environ-

mental benefits to be secured from their treatment, or (3) the total sup-

plies of the renewable resources of the United States are adequate to

meet the future needs of the American people, the budget request for

these elements of restoration may be adjusted accordingly.

(Pub. L. 93-378, §9, formerly §8, Aug. 17, 1974, 88 Stat. 479, renumbered §9,

Pub. L. 94-588, §2, Oct. 22, 1976, 90 Stat. 2949.)

References In Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in text, is Pub. L.

86-517, June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sec-

tions 528 to 531 of this title. For complete classification of this Act to the Code, see

Short Title note set out under section 528 of this title and Tables.

Transfer Of Functions

For transfer of certain enforcement functions of Secretary or other official in De

partment of Agriculture under this subchapter to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transporta

tion Projects, see note set out under section 1601 of this title.

§1608. [NFMA §10]

National Forest Transportation System

(a) Congressional declaration of policy; time for development;

method of financing; financing of forest development roads

The Congress declares that the installation of a proper system of

transportation to service the National Forest System, as is provided for

in sections 532 to 538 of this title, shall be carried forward in time to

meet anticipated needs on an economical and environmentally sound

basis, and the method chosen for financing the construction and main

tenance of the transportation system should be such as to enhance lo

cal, regional, and national benefits: Provided, That limitations on the

level of obligations for construction of forest roads by timber purchas

ers shall be established in annual appropriation Acts.

(b) Construction of temporary roadways in connection with

timber contracts, and other permits or leases

Unless the necessity for a permanent road is set forth in the forest

development road system plan, any road constructed on land of the

National Forest System in connection with a timber contract or other

permit or lease shall be designed with the goal of reestablishing vege

tative cover on the roadway and areas where the vegetative cover has

been disturbed by the construction of the road, within ten years after

the termination of the contract, permit, or lease either through artificial

or natural means. Such action shall be taken unless it is later deter

mined that the road is needed for use as a part of the National Forest

Transportation System.

Roads constructed on National Forest System lands shall be de

signed to standards appropriate for the intended uses, considering

safety, cost of transportation, and impacts on land and resources.

(Pub. L. 93-378, §10, formerly §9, Aug. 17, 1974, 88 Stat. 479, renumbered

§10 and amended Pub. L. 94-588, §2, 8, Oct. 22, 1976, 90 Stat. 2949, 2956;

Pub. L. 97-100, title II, §201, Dec. 23, 1981, 95 Stat. 1405.)

Transfer Of Function

For transfer of certain enforcement functions of Secretary or other official in De

partment of Agriculture under this subchapter to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transporta

tion Projects, see note set out under section 1601 of this title.

County Payment Mitigation—Transportation System Moratorium

Pub. L. 105-174, §3006, May 1, 1998, 112 Stat. 85 provided that:

“(a)(1) This section provides compensation for loss of revenues that would have

been Provided to counties if no road moratorium, as described in subsection (a)(2),

were implemented or no substitute sales offered as described in subsection (b)(1).

This section does not endorse or prohibit the road building moratorium nor does it

affect the applicability of existing law to any moratorium.

“(2) The Chief of the Forest Service, Department of Agriculture, in his sole dis

cretion, may offer any timber sales that were scheduled October 1, 1997, or there

after, to be offered in fiscal year 1998 or fiscal year 1999 even if such sales would

have been delayed or halted as a result of any moratorium (resulting from the Fed

eral Register proposal of January 28, 1998, pages 4351-4354) on construction of

roads in roadless areas within the National Forest System adopted as policy or by

regulation that would otherwise be applicable to such sales.

“(3) Any sales offered pursuant to subsection (a)(2) shall—

“(A) comply with all applicable laws and regulations and be consistent with

applicable land and resource management plans, except any regulations or plan

amendments which establish or implement the moratorium referred to in sub-

section (a)(2); and

“(B) be subject to administrative appeals pursuant to part 215 of title 36 of

the Code of Federal Regulations and to judicial review.

“(b)(1) For any previously scheduled sales that are not offered pursuant to subsec-

tion (a)(2), the Chief may, to the extent practicable, offer substitute sales within the

same State in fiscal year 1998 or fiscal year 1999. Such substitute sales shall be sub-

ject to the requirements of subsection (a)(3).

“(2)(A) The Chief shall pay as soon as practicable after fiscal year 1998 and fis-

cal year 1999 to any State in which sales previously scheduled to be offered that

are referred to in, but not offered pursuant to, subsection (a)(2) would have oc-

curred, 25 percent of any anticipated receipts from such sales that—

“(i) were scheduled from fiscal year 1998 or fiscal year 1999 sales in the

absence of any moratorium referred to in subsection (a)(2); and

“(ii) are not offset by revenues received in such fiscal years from substi

tute projects authorized pursuant to subsection (b)(1).

“(B) After reporting the amount of funds required to make any payments re

quired by subsection (b)(2)(A), and the source from which such funds are to be

derived, to the Committees on Appropriations of the House of Representatives

and the Senate, the Chief shall make any payments required by subsection

(b)(2)(A) from any funds available to the Forest Service in fiscal year 1998 or

fiscal year 1999, subject to approval of the Committees on Appropriations of

the House of Representatives and the Senate, that are not specifically ear

marked for another purpose by the applicable appropriation Act or a committee

or conference report thereon.

“(C) Any State which receives payments required by subsection (b)(2)(A)

shall expend such funds only in the manner, and for the purposes, prescribed in

section 500 of title 16, United States Code.

“(c)(1) During the term of the moratorium referred to in subsection (a)(2), the

Chief shall prepare and submit to the Committees on Appropriations of the House of

Representatives and the Senate a report on each of the following—

“(A) a study of whether standards and guidelines in existing land and re

source management plans compel or encourage entry into roadless areas within

the National Forest System for the purpose of constructing roads or undertak

ing any other ground-disturbing activities;

“(B) an inventory of all roads within the National Forest System and the uses

which they serve, in a format that will inform and facilitate the development of

a long-term Forest Service transportation policy; and

“(C) a comprehensive and detailed analysis of the economic and social ef

fects of the moratorium referred to in subsection (a)(2) on county, State, and re

gional levels.”

§1609. [NFMA §11]

National Forest System

(a) Congressional declaration of constituent elements and

purposes; lands etc., included within; return of lands to public

domain

Congress declares that the National Forest System consists of units

16 U.S.C. §1607 ENVIRONMENTAL LAW DESKBOOK NFMA §9

736

of federally owned forest, range, and related lands throughout the

United States and its territories, united into a nationally significant

system dedicated to the long-term benefit for present and future gen

erations, and that it is the purpose of this section to include all such ar

eas into one integral system. The “National Forest System” shall in

clude all national forest lands reserved or withdrawn from the public

domain of the United States, all national forest lands acquired through

purchase, exchange, donation, or other means, the national grasslands

and land utilization projects administered under title III of the

Bankhead-Jones Farm Tenant Act [7 U.S.C. 1010 et seq.], and other

lands, waters, or interests therein which are administered by the Forest

Service or are designated for administration through the Forest Serv

ice as a part of the system. Notwithstanding the provisions of section

473 of this title, no land now or hereafter reserved or withdrawn from

the public domain as national forests pursuant to section 471

of this ti

tle, or any act supplementary to and amendatory thereof, shall be re

turned to the public domain except by an act of Congress.

(b) Location of Forest Service offices

The on-the-ground field offices, field supervisory offices, and re

gional offices of the Forest Service shall be so situated as to provide

the optimum level of convenient, useful services to the public, giving

priority to the maintenance and location of facilities in rural areas and

towns near the national forest and Forest Service program locations in

accordance with the standards in section 3122(b) of title 42.

(Pub. L. 93-378, §11, formerly §10, Aug. 17, 1974, 88 Stat. 480, renumbered

§11 and amended Pub. L. 94-588, §2, 9, Oct. 22, 1976, 90 Stat. 2949, 2957.)

References In Text

The Bankhead-Jones Farm Tenant Act, referred to in subsec. (a), is act July 22,

1937, ch. 517, 50 Stat. 522, as amended. Title III of the Bankhead Jones Farm Tenant

Act is classified generally to subchapter III (Sec. 1010 et seq.) of chapter 33 of Title

7, Agriculture. For complete classification of this Act to the Code, see Short Title

note set out under section 1000 of Title 7 and Tables.

Section 471 of this title, referred to in subsec. (a), was repealed by Pub. L. 94-579,

title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)

Transfer Of Functions

For transfer of certain enforcement functions of Secretary or other official in De-

partment of Agriculture under this subchapter to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transporta-

tion Projects, see note set out under section 1601 of this title.

Land Conveyances Involving Joliet Army Ammunition Plant, Illinois

Pub. L. 104-106, div. B, title XXIX, Feb. 10, 1996, 110 Stat. 594, as amended by

Pub. L. 106-65, div. B, title XXVIII, Sec. 2842, Oct. 5, 1999, 113 Stat. 863, provided

that title XXIX could be cited as the “Illinois Land Conservation Act of 1995" and

provided for conversion of Joliet Army Ammunition Plant to Midewin National

Tallgrass Prairie, Illinois, to be managed by the Secretary of Agriculture as part of

National Forest System, and for conveyance of certain real property at the Arsenal

for a national cemetery, a Will County, Illinois, landfill, and industrial parks to re

place all or a part of lost economic activity, with provisions prohibiting construction

of title XXIX to restrict or lessen degree of cleanup required to be carried out under

environmental laws, and provisions authorizing retention of real property used for

environmental cleanup by Secretary of the Army until transfer occurs.

§1610. [NFMA §12]

Implementation of provisions by Secretary of Agriculture;

utilization of information and data of other organizations;

avoidance of duplication of planning, etc.; “renewable

resources” defined

In carrying out this subchapter, the Secretary of Agriculture shall

utilize information and data available from other Federal, State, and

private organizations and shall avoid duplication and overlap of re

source assessment and program planning efforts of other Federal

agencies. The term “renewable resources” shall be construed to in

volve those matters within the scope of responsibilities and authorities

of the Forest Service on August 17, 1974 and on the date of enactment

of any legislation amendatory or supplementary thereto.

(Pub. L. 93-378, §12, formerly §11, Aug. 17, 1974, 88 Stat. 480, renumbered

§12 and amended Pub. L. 94-588, §2, 10, Oct. 22, 1976, 90 Stat. 2949, 2957.)

Transfer Of Functions

For transfer of certain enforcement functions of Secretary or other official in De

partment of Agriculture under this subchapter to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transpor

tation Projects, see note set out under section 1601 of this title.

§1611. [NFMA §13]

Timber

(a) Limitations on removal; variations in allowable sale

quantity; public participation

The Secretary of Agriculture shall limit the sale of timber from each

national forest to a quantity equal to or less than a quantity which can

be removed from such forest annually in perpetuity on a sustained-

yield basis: Provided, That, in order to meet overall multiple-use ob

jectives, the Secretary may establish an allowable sale quantity for any

decade which departs from the projected long-term average sale quan

tity that would otherwise be established: Provided further, That any

such planned departure must be consistent with the multiple-use man

agement objectives of the land management plan. Plans for variations

in the allowable sale quantity must be made with public participation

as required by section 1604(d) of this title. In addition, within any dec

ade, the Secretary may sell a quantity in excess of the annual allowable

sale quantity established pursuant to this section in the case of any na

tional forest so long as the average sale quantities of timber from such

national forest over the decade covered by the plan do not exceed such

quantity limitation. In those cases where a forest has less than two

hundred thousand acres of commercial forest land, the Secretary may

use two or more forests for purposes of determining the sustained

yield.

(b) Salvage harvesting

Nothing in subsection (a) of this section shall prohibit the Secretary

from salvage or sanitation harvesting of timber stands which are sub-

stantially damaged by fire, windthrow, or other catastrophe, or which

are in imminent danger from insect or disease attack. The Secretary

may either substitute such timber for timber that would otherwise be

sold under the plan or, if not feasible, sell such timber over and above

the plan volume.

(Pub. L. 93-378, §13, as added Pub. L. 94-588, §11, Oct. 22, 1976, 90 Stat.

2957.)

Transfer Of Functions

For transfer of certain enforcement functions of Secretary or other official in De-

partment of Agriculture under this subchapter to Federal Inspector, Office of Fed

eral Inspector for Alaska Natural Gas Transportation System, and subsequent trans

fer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas

Transportation Projects, see note set out under section 1601 of this title.

Timber Sales Pipeline Restoration Fund

Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 327], Apr. 26, 1996, 110 Stat.

1321-156, 1321-206; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996,

110 Stat. 1327, provided that:

“(a) The Secretary of Agriculture and the Secretary of the Interior shall each es

tablish a Timber Sales Pipeline Restoration Fund (hereinafter ‘Agriculture Fund’

and ‘Interior Fund’ or ‘Funds’). Any revenues received from sales released under

section 2001(k) of the fiscal year 1995 Supplemental Appropriations for Disaster

Assistance and Rescissions Act [probably means section 2001(k) of Pub. L. 104-19,

set out below], minus the funds necessary to make payments to States or local gov

ernments under other law concerning the distribution of revenues derived from the

affected lands, which are in excess of $37,500,000 (hereinafter ‘excess revenues’)

shall be deposited into the Funds. The distribution of excess revenues between the

Agriculture Fund and Interior Fund shall be calculated by multiplying the total of

excess revenues times a fraction with a denominator of the total revenues received

from all sales released under such section 2001(k) and numerators of the total reve

nues received from such sales on lands within the National Forest System and the to

tal revenues received from such sales on lands administered by the Bureau of Land

Management, respectively: Provided, That revenues or portions thereof from sales

released under such section 2001(k), minus the amounts necessary for State and lo

cal government payments and other necessary deposits, may be deposited into the

Funds immediately upon receipt thereof and subsequently redistributed between the

Funds or paid into the United States Treasury as miscellaneous receipts as may be re

quired when the calculation of excess revenues is made.

“(b)(1) From the funds deposited into the Agriculture Fund and into the Interior

Fund pursuant to subsection (a)—

“(A) seventy-five percent shall be available, without fiscal year limitation or

further appropriation, for preparation of timber sales, other than salvage sales

as defined in section 2001(a)(3) of the fiscal year 1995 Supplemental Appro

priations for Disaster Assistance and Rescissions Act [probably means section

2001(a)(3) of Pub. L. 104-19, set out below], which—

NFMA §12 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1610

737

7. See References in Text note below.

“(i) are situated on lands within the National Forest System and lands ad

ministered by the Bureau of Land Management, respectively; and

“(ii) are in addition to timber sales for which funds are otherwise available

in this Act or other appropriations Acts; and

“(B) twenty-five percent shall be available, without fiscal year limitation or

further appropriation, to expend on the backlog of recreation projects on lands

within the National Forest System and lands administered by the Bureau of

Land Management, respectively.

“(2) Expenditures under this subsection for preparation of timber sales may in

clude expenditures for Forest Service activities within the forest land manage

ment budget line item and associated timber roads, and Bureau of Land Manage

ment activities within the Oregon and California grant lands account and the for

estry management area account, as determined by the Secretary concerned.

“(c) Revenues received from any timber sale prepared under subsection (b) or un

der this subsection, minus the amounts necessary for State and local government

payments and other necessary deposits, shall be deposited into the Fund from which

funds were expended on such sale. Such deposited revenues shall be available for

preparation of additional timber sales and completion of additional recreation pro

jects in accordance with the requirements set forth in subsection (b).

“(d) The Secretary concerned shall terminate all payments into the Agriculture

Fund or the Interior Fund, and pay any unobligated funds in the affected Fund into

the United States Treasury as miscellaneous receipts, whenever the Secretary con

cerned makes a finding, published in the Federal Register, that sales sufficient to

achieve the total allowable sales quantity of the National Forest System for the For

est Service or the allowable sales level for the Oregon and California grant lands for

the Bureau of Land Management, respectively, have been prepared.

“(e) Any timber sales prepared and recreation projects completed under this sec

tion shall comply with all applicable environmental and natural resource laws and

regulations.

“(f) The Secretary concerned shall report annually to the Committees on Appro

priations of the United States Senate and the House of Representatives on expendi

tures made from the Fund for timber sales and recreation projects, revenues received

into the Fund from timber sales, and timber sale preparation and recreation project

work undertaken during the previous year and projected for the next year under the

Fund. Such information shall be provided for each Forest Service region and Bureau

of Land Management State office.

“(g) The authority of this section shall terminate upon the termination of both

Funds in accordance with the provisions of subsection (d)."

Emergency Salvage Timber Sale Program

Pub. L. 104-19, title II, Sec. 2001, July 27, 1995, 109 Stat. 240, as amended by

Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 316], Apr. 26, 1996, 110 Stat. 1321-

156, 1321-202; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat.

1327, provided for salvage timber sales from certain Federal lands by the Secretary

of Agriculture and the Secretary of the Interior from July 27, 1995 to Dec. 31, 1996.

§1612. [NFMA §14]

Public participation

(a) Adequate notice and opportunity to comment

In exercising his authorities under this subchapter and other laws

applicable to the Forest Service, the Secretary, by regulation, shall es

tablish procedures, including public hearings where appropriate, to

give the Federal, State, and local governments and the public adequate

notice and an opportunity to comment upon the formulation of stan

dards, criteria, and guidelines applicable to Forest Service programs.

(b) Advisory boards

In providing for public participation in the planning for and man

agement of the National Forest System, the Secretary, pursuant to the

Federal Advisory Committee Act (86 Stat. 770) and other applicable

law, shall establish and consult such advisory boards as he deems nec

essary to secure full information and advice on the execution of his re

sponsibilities. The membership of such boards shall be representative

of a cross section of groups interested in the planning for and manage

ment of the National Forest System and the various types of use and

enjoyment of the lands thereof.

(Pub. L. 93-378, §14, as added Pub. L. 94-588, §11, Oct. 22, 1976, 90 Stat. 2958.)

References In Text

The Federal Advisory Committee Act, referred to in subsec. (b), is Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to

Title 5, Government Organization and Employees.

Transfer Of Functions

For transfer of certain enforcement functions of Secretary or other official in De

partment of Agriculture under this subchapter to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transporta

tion Projects, see note set out under section 1601 of this title.

Forest Service Decisionmaking And Appeals Reform

Pub. L. 102-381, §322, Oct. 5, 1992, 106 Stat. 1419, 1420, provided that:

“(a) In general.—In accordance with this section, the Secretary of Agriculture,

acting through the Chief of the Forest Service, shall establish a notice and comment

process for proposed actions of the Forest Service concerning projects and activities

implementing land and resource management plans developed under the Forest and

Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601 et seq.) and

shall modify the procedure for appeals of decisions concerning such projects.

“(b) Notice and comment.—

“(1) Notice.—Prior to proposing an action referred to in subsection (a), the

Secretary shall give notice of the proposed action, and the availability of the ac

tion for public comment by—

“(A) promptly mailing notice about the proposed action to any person who

has requested it in writing, and to persons who are known to have participated

in the decisionmaking process; and,

“(B)(i) in the case of an action taken by the Chief of the Forest Service, pub

lishing notice of action in the Federal Register; or

“(ii) in the case of any other action referred to in subsection (a), publishing

notice of the action in a newspaper of general circulation that has previously

been identified in the Federal Register as the newspaper in which notice un

der this paragraph may be published.

“(2) Comment.—The Secretary shall accept comments on the proposed action

within 30 days after publication of the notice in accordance with paragraph (1).

“(c) Right to appeal.—Not later than 45 days after the date of issuance of a deci

sion of the Forest Service concerning actions referred to in subsection (a), a person

who was involved in the public comment process under subsection (b) through sub

mission of written or oral comments or by otherwise notifying the Forest Service of

their interest in the proposed action may file an appeal.

“(d) Disposition of an appeal.—

“(1) Informal disposition.—

“(A) In general.—Subject to subparagraph (B), a designated employee of

the Forest Service shall offer to meet with each individual who files an appeal

in accordance with subsection (c) and attempt to dispose of the appeal.

“(B) Time and location of the meeting.—Each meeting in accordance with

subparagraph (A) shall take place—

“(i) not later than 15 days after the closing date for filing an appeal; and

“(ii) at a location designated by the Chief of the Forest Service that is in the

vicinity of the lands affected by the decision.

“(2) Formal review.—If the appeal is not disposed of in accordance with para-

graph (1), an appeals review officer designated by the Chief of the Forest Service

shall review the appeal and recommend in writing, to the official responsible for

deciding the appeal, the appropriate disposition of the appeal. The official respon-

sible for deciding the appeal shall then decide the appeal. The appeals review offi-

cer shall be a line officer at least at the level of the agency official who made the

initial decision on the project or activity that is under appeal, who has not partici-

pated in the initial decision and will not be responsible for implementation of the

initial decision after the appeal is decided.

“(3) Time for disposition.—Disposition of appeals under this subsection shall

be completed not later than 30 days after the closing date for filing of an appeal, pro-

vided that the Forest Service may extend the closing date by an additional 15 days.

“(4) If the Secretary fails to decide the appeal within the 45-day period, the de

cision on which the appeal is based shall be deemed to be a final agency action for

the purpose of chapter 7 of title 5, United States Code.

“(e) Stay.—Unless the Chief of the Forest Service determines that an emergency

situation exists with respect to a decision of the Forest Service, implementation of

the decision shall be stayed during the period beginning on the date of the decision—

“(1) for 45 days, if an appeal is not filed, or

“(2) for an additional 15 days after the date of the disposition of an appeal under

this section, if the agency action is deemed final under subsection (d)(4).”

§1613. [NFMA §15]

Promulgation of regulations

The Secretary of Agriculture shall prescribe such regulations as he

determines necessary and desirable to carry out the provisions of this

subchapter.

(Pub. L. 93-378, §15, as added Pub. L. 94-588, §11, Oct. 22, 1976, 90 Stat. 2958.)

Transfer Of Functions

For transfer of certain enforcement functions of Secretary or other official in De

partment of Agriculture under this subchapter to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transporta

tion Projects, see note set out under section 1601 of this title.

§1614. [NFMA §16]

Severability

If any provision of this subchapter or the application thereof to any

person or circumstances is held invalid, the validity of the remainder

of this subchapter and of the application of such provision to other per

sons and circumstances shall not be affected thereby.

(Pub. L. 93-378, §16, as added Pub. L. 94-588, §11, Oct. 22, 1976, 90 Stat.

2958.)

16 U.S.C. §1612 ENVIRONMENTAL LAW DESKBOOK NFMA §14

738

Subchapter II—Research

§1641. [FRRRRA §2]

Findings and purpose

(a) Findings

Congress finds the following:

(1) Forests and rangeland, and the resources of forests and

rangeland, are of strategic economic and ecological importance to

the United States, and the Federal Government has an important

and substantial role in ensuring the continued health, productivity,

and sustainability of the forests and rangeland of the United

States.

(2) Over 75 percent of the productive commercial forest land in

the United States is privately owned, with some 60 percent owned

by small nonindustrial private owners. These 10,000,000 nonindus

trial private owners are critical to providing both commodity and

noncommodity values to the citizens of the United States.

(3) The National Forest System manages only 17 percent of the

commercial timberland of the United States, with over half of the

standing softwoods inventory located on that land. Dramatic

changes in Federal agency policy during the early 1990’s have sig

nificantly curtailed the management of this vast timber resource,

causing abrupt shifts in the supply of timber from public to private

ownership. As a result of these shifts in supply, some 60 percent of

total wood production in the United States is now coming from pri

vate forest land in the southern United States.

(4) At the same time that pressures are building for the removal of

even more land from commercial production, the Federal Govern-

ment is significantly reducing its commitment to productivity-

related research regarding forests and rangeland, which is critically

needed by the private sector for the sustained management of re-

maining available timber and forage resources for the benefit of all

species.

(5) Uncertainty over the availability of the United States timber

supply, increasing regulatory burdens, and the lack of Federal Gov-

ernment support for research is causing domestic wood and paper

producers to move outside the United States to find reliable sources

of wood supplies, which in turn results in a worsening of the United

States trade balance, the loss of employment and infrastructure in-

vestments, and an increased risk of infestations of exotic pests and

diseases from imported wood products.

(6) Wood and paper producers in the United States are being

challenged not only by shifts in Federal Government policy, but

also by international competition from tropical countries where

growth rates of trees far exceed those in the United States. Wood

production per acre will need to quadruple from 1996 levels for the

United States forestry sector to remain internationally competitive

on an ever decreasing forest land base.

(7) Better and more frequent forest inventorying and analysis is

necessary to identify productivity-related forestry research needs

and to provide forest managers with the current data necessary to

make timely and effective management decisions.

(b) Relationship to other law

This subchapter shall be deemed to complement the policies and di

rection set forth in the Forest and Rangeland Renewable Resources

Planning Act of 1974 [16 U.S.C. 1600 et seq.].

It is the purpose of this subchapter to authorize the Secretary to ex

pand research activities to encompass international forestry and natu

ral resource issues on a global scale.

(Pub. L. 95-307, Sec. 2, June 30, 1978, 92 Stat. 353; Pub. L. 101-513, title VI,

Sec. 611(a)(1), formerly Sec. 607(a)(1), Nov. 5, 1990, 104 Stat. 2072, renum

bered Sec. 611(a)(1), Pub. L. 102-574, Sec. 2(a)(1), Oct. 29, 1992, 106 Stat.

4593; Pub. L. 105-185, title II, Sec. 253(a), June 23, 1998, 112 Stat. 558.)

References In Text

This subchapter, referred to in text, was in the original “this Act”, meaning Pub. L.

95-307, June 2, 1978, 92 Stat. 353, as amended, known as the Forest and Rangeland

Renewable Resources Research Act of 1978, which enacted this subchapter, re

pealed sections 581 to 581i of this title, and enacted provisions set out as a note under

section 1641 of this title. For complete classification of this Act to the Code, see

Short Title note set out under section 1600 of this title and Tables.

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred

to in subsec. (b), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476, as amended, which is

classified generally to subchapter I (Sec. 1600 et seq.) of this chapter. For complete

classification of this Act to the Code, see Short Title note set out under section 1600

of this title and Tables.

Effective Date

Section 9 of Pub. L. 95-307 which provided that Pub. L. 95-307 (enacting this

subchapter, repealing sections 581 to 581i of this title, and enacting provisions set

out as a note under section 1600 of this title) is effective Oct. 1, 1978, was amended

generally by Pub. L. 101-624 and is classified to section 1648 of this title.

Short Title

For short title of Pub. L. 95-307, June 30, 1978, 92 Stat. 353, as the Forest and

Rangeland Renewable Resources Research Act of 1978, see Short Title of 1978

Amendment note set out under section 1600 of this title.

§1642. [FRRRRA §3]

Investigations, experiments, tests, and other activities

(a) Authorization; scope and purposes of activities

The Secretary is authorized to conduct, support, and cooperate in

investigations, experiments, tests, and other activities the Secretary

deems necessary to obtain, analyze, develop, demonstrate, and dis

seminate scientific information about protecting, managing, and util

izing forest and rangeland renewable resources in rural, suburban, and

urban areas. The activities conducted, supported, or cooperated in by

the Secretary under this subchapter shall include, but not be limited to,

the five major areas of renewable resource research identified in para

graphs (1) through (5) of this subsection.

(1) Renewable resource management research shall include, as

appropriate, research activities related to managing, reproducing,

planting, and growing vegetation on forests and rangelands for tim-

ber, forage, water, fish and wildlife, esthetics, recreation, wilder-

ness, energy production, activities related to energy conservation,

and other purposes, including activities for encouraging improved

reforestation of forest lands from which timber has been harvested;

determining the role of forest and rangeland management in the

productive use of forests and rangelands, in diversified agriculture,

and in mining, transportation, and other industries; and developing

alternatives for the management of forests and rangelands that will

make possible the most effective use of their multiple products and

services.

(2) Renewable resource environmental research shall include, as

appropriate, research activities related to understanding and man

aging surface and subsurface water flow, preventing and control

ling erosion, and restoring damaged or disturbed soils on forest and

rangeland watersheds; maintaining and improving wildlife and fish

habitats; managing vegetation to reduce air and water pollution,

provide amenities, and for other purposes; and understanding, pre

dicting, and modifying weather, climatic, and other environmental

conditions that affect the protection and management of forests and

rangelands.

(3) Renewable resource protection research shall include, as ap

propriate, research activities related to protecting vegetation and

other forest and rangeland resources, including threatened and en

dangered flora and fauna, as well as wood and wood products in

storage or use, from fires, insects, diseases, noxious plants, animals,

air pollutants, and other agents through biological, chemical, and

mechanical control methods and systems; and protecting people,

natural resources, and property from fires in rural areas.

(4) Renewable resource utilization research shall include, as ap

propriate, research activities related to harvesting, transporting,

processing, marketing, distributing, and utilizing wood and other

materials derived from forest and rangeland renewable resources;

recycling and fully utilizing wood fiber; producing and conserving

energy; and testing forest products, including necessary fieldwork

associated therewith.

(5) Renewable resource assessment research shall include, as ap

propriate, research activities related to developing and applying

scientific knowledge and technology in support of the survey and

analysis of forest and rangeland renewable resources described in

subsection (b) of this section.

FRRRRA §2 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1641

739

(b) Development of periodic Renewable Resource Assessment

through survey and analysis of conditions; implementation;

authorization of appropriations

(1) To ensure the availability of adequate data and scientific in

formation for development of the periodic Renewable Resource

Assessment provided for in section 1601 of this title, the Secretary

of Agriculture shall make and keep current a comprehensive survey

and analysis of the present and prospective conditions of and re

quirements for renewable resources of the forests and rangelands of

the United States and of the supplies of such renewable resources,

including a determination of the present and potential productivity

of the land, and of such other facts as may be necessary and useful in

the determination of ways and means needed to balance the demand

for and supply of these renewable resources, benefits, and uses in

meeting the needs of the people of the United States. The Secretary

shall conduct the survey and analysis under such plans as the Secre

tary may determine to be fair and equitable, and cooperate with ap

propriate officials of each State and, either through them or directly,

with private or other entities.

(2) In implementing this subsection, the Secretary is authorized

to develop and implement improved methods of survey and analy

sis of forest inventory information, for which purposes there are

hereby authorized to be appropriated annually $10,000,000.

productivity of domestic forest ecosystems; advisory committee;

reports

(1) The Secretary, acting through the United States Forest Serv

ice, shall establish not later than 180 days after October 24, 1988, a

10-year program (hereinafter in this subsection referred to as the

“Program”) to—

(A) increase the frequency of forest inventories in matters that

relate to atmospheric pollution and conduct such surveys as are

necessary to monitor long-term trends in the health and produc-

tivity of domestic forest ecosystems;

(B) determine the scope of the decline in the health and pro-

ductivity of domestic forest ecosystems;

basic forest ecosystem research) to evaluate the effects of atmos-

pheric pollutants on forest ecosystems and their role in the de-

cline in domestic forest health and productivity;

(D) study the relationship between atmospheric pollution and

other climatological, chemical, physical, and biological factors

that may affect the health and productivity of domestic forest

ecosystems;

(E) develop recommendations for solving or mitigating prob

lems related to the effects of atmospheric pollution on the health

and productivity of domestic forest ecosystems;

(F) foster cooperation among Federal, State, and private re

searchers and encourage the exchange of scientific information

on the effects of atmospheric pollutants on forest ecosystems

among the United States, Canada, European nations, and other

nations;

(G) support the long-term funding of research programs and

related efforts to determine the causes of declines in the health

and productivity of domestic forest ecosystems and the effects of

atmospheric pollutants on the health and productivity of domes

tic forest ecosystems; and

(H) enlarge the Eastern Hardwood Cooperative by devoting

additional resources to field analysis of the response of hard

wood species to atmospheric pollution, and other factors that

may affect the health and productivity of these ecosystems. (2)

The Secretary shall establish a committee to advise the Secretary

in developing and carrying out the Program, which shall be com

posed of scientists with training and experience in various disci

plines, including atmospheric, ecological, and biological sci

ences. Such scientists shall be selected from among individuals

who are actively performing research for Federal or State agen

cies or for private industries, institutions, or organizations.

(3) The Secretary shall coordinate the Program with existing re

search efforts of Federal and State agencies and private industries,

institutions, or organizations.

(4) The Secretary shall submit to the President and to Congress

the following reports:

(A) Not less than 30 days before establishing the Program, the

Secretary shall submit an initial program report—

(i) discussing existing information about declining health

and productivity of forest ecosystems on public and private

lands in North America and Europe;

(ii) outlining the findings and status of all current research

and monitoring efforts in North America and Europe on the

causes and effects of atmospheric pollution on the health and

productivity of forest ecosystems;

(iii) describing the Program; and

(iv) estimating the cost of implementing the Program for

each fiscal year of its duration.

(B) Not later than January 15, 1990, and January 15 of each

year thereafter, during which the Program is in operation follow

ing the year in which the initial program report is submitted, the

Secretary shall submit an annual report—

(i) updating information about declining health and produc

tivity of forest ecosystems on public and private lands in North

America and Europe;

(ii) updating the findings and status of all current research

and monitoring efforts in North America and Europe on the

causes and effects of atmospheric pollution on the health and

productivity of forest ecosystems, including efforts conducted

under the Program;

(iii) recommending additional research and monitoring ef

forts to be undertaken under the Program to determine the ef

fects of atmospheric pollution on the health and productivity

of domestic forest ecosystems; and

(iv) recommending methods for solving or mitigating prob-

lems stemming from the effects of atmospheric pollution on

the health and productivity of domestic forest ecosystems.

program report is submitted, the Secretary shall submit a final re-

port—

(i) reviewing existing information about declining health

and productivity of forest ecosystems on public and private

lands in North America and Europe;

(ii) reviewing the nature and findings of all research and

monitoring efforts conducted under the Program and any other

relevant research and monitoring efforts related to the effects

of atmospheric pollution on forest ecosystem; and

(iii) making final recommendations for solving or mitigat

ing problems stemming from the effects of atmospheric pollu

tion on the health and productivity of domestic forest

ecosystems.

(d) High priority forestry and rangeland research and education

(1) In general

The Secretary may conduct, support, and cooperate in forestry

and rangeland research and education that is of the highest priority

to the United States and to users of public and private forest land

and rangeland in the United States.

(2) Priorities

The research and education priorities include the following:

(A) The biology of forest organisms and rangeland organisms.

(B) Functional characteristics and cost-effective management

of forest and rangeland ecosystems.

(D) Wood and forage as a raw material.

(E) International trade, competition, and cooperation.

(3) Northeastern States Research Cooperative

At the request of the Governor of the State of Maine, New Hamp

shire, New York, or Vermont, the Secretary may cooperate with the

northeastern States of New Hampshire, New York, Maine, and Ver

mont, land-grant colleges and universities of those States, natural

resources and forestry schools of those States, and Federal agen

cies, and other interested persons in those States to coordinate and

improve ecological and economic research relating to agricultural

research, extension, and education, including—

16 U.S.C. §1642 ENVIRONMENTAL LAW DESKBOOK FRRRRA §3

740

(A) research on ecosystem health, forest management, product

development, economics, and related fields;

(B) research to assist those States and landowners in those

States to achieve sustainable forest management;

nologies that promote efficient processing, pollution prevention,

and energy conservation;

(D) dissemination of existing and new information to land

owners, public and private resource managers, State forest citi

zen advisory committees, and the general public through profes

sional associations, publications, and other information clearing

house activities; and

(E) analysis of strategies for the protection of areas of out

standing ecological significance or high biological diversity, and

strategies for the provision of important recreational opportuni

ties and traditional uses, including strategies for areas identified

through State land conservation planning processes.

(e) Forest inventory and analysis

(1) Program required

In compliance with other applicable provisions of law, the Secretary

shall establish a program to inventory and analyze, in a timely manner,

public and private forests and their resources in the United States.

(2) Annual State inventory

(A) In general

Not later than the end of each full fiscal year beginning after

the date of enactment of this subsection, the Secertary shall pre

pare for each State, in cooperation with the State forester for the

State, an inventory of forests and their resources in the State.

(B) Sample plots

For purposes of preparing the inventory for a State, the Secre-

tary shall measure annually 20 percent of all sample plots that are

included in the inventory program for that State.

On completion of the inventory for a year, the Secretary shall

make available to the public a compilation of all data collected

for that year from measurements of sample plots as well as any

analysis made of the samples.

(3) 5-year reports

Not more than every 5 full fiscal years after the date of enactment

of this subsection, the Secretary shall prepare, publish, and make

available to the public a report, prepared in cooperation with State

foresters, that—

(A) contains a description of each State inventory of forests

and their resources, incorporating all sample plot measurements

conducted during the 5 years covered by the report;

(B) displays and analyzes on a nationwide basis the results of

the annual reports required by paragraph (2); and

over the previous 2 decades, with an emphasis on such conditions

and trends during the period subsequent to the immediately pre

ceding report under this paragraph.

(4) National standards and definitions

To ensure uniform and consistent data collection for all forest

land that is publicly or privately owned and for each State, the Sec

retary shall develop, in consultation with State foresters and Federal

land management agencies not under the jurisdiction of the Secre

tary, and publish national standards and definitions to be applied in

inventorying and analyzing forests and their resources under this

subsection. The standards shall include a core set of variables to be

measured on all sample plots under paragraph (2) and a standard set

of tables to be included in the reports under paragraph (3).

(5) Protection for private property rights

The Secretary shall obtain authorization from property owners

prior to collecting data from sample plots located on private prop

erty pursuant to paragraphs (2) and (3).

(6) Strategic plan

Not later than 180 days after the date of enactment of this subsec

tion, the Secretary shall prepare and submit to Congress a strategic

plan to implement and carry out this subsection, including the an

nual updates required by paragraph (2) and the reports required by

paragraph (3), that shall describe in detail—

(A) the financial resources required to implement and carry

out this subsection, including the identification of any resources

required in excess of the amounts provided for forest inventory

ing and analysis in recent appropriations Acts;

(B) the personnel necessary to implement and carry out this

subsection, including any personnel in addition to personnel cur

rently performing inventorying and analysis functions;

and carry out this subsection, including proposed coordination

with Federal land management agencies and State foresters;

(D) the schedules for annual sample plot measurements in

each State inventory required by paragraph (2) within the first 5-

year interval after the date of enactment of this subsection;

(E) the core set of variables to be measured in each sample plot

under paragraph (2) and the standard set of tables to be used in

each State and national report under paragraph (3); and

(F) the process for employing, in coordination with the Secre

tary of Energy and the Administrator of the National Aeronautics

and Space Administration, remote sensing, global positioning

systems, and other advanced technologies to carry out this sub

section, and the subsequent use of the technologies.

(Pub. L. 95-307, §3, June 30, 1978, 92 Stat. 353; Pub. L. 96-294, title II, §254,

June 30, 1980, 94 Stat. 707; Pub. L. 100-521, §3, Oct. 24, 1988, 102 Stat. 2601;

Pub. L. 101-624, title XII, §1241(a), Nov. 28, 1990, 104 Stat. 3544; Pub. L.

105-185, §253(b)-(c), June 23, 1998, 112 Stat. 559-561; Pub. L. 105-277, div.

A, §101(a) [title VII, §753(a)], Oct. 21, 1998, 112 Stat. 2681, 2681-32.)

References In Text

The Federal revenue codes, referred to in subsec. (d)(2), are classified generally to

Title 26, Internal Revenue Code.

Effective Date Of 1998 Amendment

Amendment by Pub. L. 105-277 effective June 23, 1998, see section 101(a) [title

VII, Sec. 753(f)] of Pub. L. 105-277, set out as a note under section 343 of Title 7,

Agriculture.

Southern Forest Regeneration Program

Section 1242 of Pub. L. 101-624 provided that:

“(a) Establishment.—The Secretary of Agriculture shall make a grant to a State

for the establishment, within such State, of a center, to be known as the ‘Southern

Forest Regeneration Center’ (hereafter referred to in this section as the ‘Center’), to

study forest regeneration problems and forest productivity in the southern region of

the United States.

“(b) Duties of Center.—The Center shall study forest regeneration problems and

forest productivity in the southern region of the United States, including—

“(1) nursery management concerns that will lead to improved seedling

quality;

“(2) forest management practices that account for environmental stresses; and

“(3) the development of low-cost forest regeneration methods that provide op

tions for wood products, species diversity, wildlife habitat, and production of

clean air and water.

“(c) Establishment of Other Programs.—The Secretary of Agriculture may es

tablish other programs in other regions of the United States, or a comprehensive Na

tional program, to carry out the purposes of this section as the Secretary determines

appropriate.

“(d) Authorization of Appropriations.—There are authorized to be appropri

ated such sums as may be necessary to carry out this section.”

Semiarid Agroforestry Research Center

Section 1243 of Pub. L. 101-624 provided that:

“(a) Semiarid Agroforestry Research, Development, and Demonstration

Center.—The Secretary of Agriculture shall establish at the Forestry Sciences Lab

oratory of the United States Forest Service, in Lincoln, Nebraska, a Semiarid Agro

forestry Research, Development, and Demonstration Center (hereafter referred to in

this section as the ‘Center’) and appoint a Director to manage and coordinate the

program established at the Center under subsection (b).

“(b) Program.—The Secretary shall establish a program at the Center and seek

the participation of Federal or State governmental entities, land-grant colleges or

universities, State agricultural experiment stations, State and private foresters, the

National Arbor Day Foundation, and other nonprofit foundations in such program to

conduct or assist research, investigations, studies, and surveys to—

“(1) develop sustainable agroforestry systems on semiarid lands that minimize

topsoil loss and water contamination and stabilize or enhance crop productivity;

“(2) adapt, demonstrate, document, and model the effectiveness of agrofor

estry systems under different farming systems and soil or climate conditions;

“(3) develop dual use agroforestry systems compatible with paragraphs (1) and

(2) which would provide high-value forestry products for commercial sale from

semiarid land;

“(4) develop and improve the drought and pest resistance characteristics of

trees for conservation forestry and agroforestry applications in semiarid regions,

FRRRRA §3 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1642

741

including the introduction and breeding of trees suited for the Great Plains region

of the United States;

“(5) develop technology transfer programs that increase farmer and public ac

ceptance of sustainable agroforestry systems;

“(6) develop improved windbreak and shelterbelt technologies for drought pre

paredness, soil and water conservation, environmental quality, and biological di

versity on semiarid lands;

“(7) develop technical and economic concepts for sustainable agroforestry on

semiarid lands, including the conduct of economic analyses of the costs and bene

fits of agroforestry systems and the development of models to predict the eco

nomic benefits under soil or climate conditions;

“(8) provide international leadership in the development and exchange of agro

forestry practices on semiarid lands worldwide;

“(9) support research on the effects of agroforestry systems on semiarid lands

in mitigating nonpoint source water pollution;

“(10) support research on the design, establishment, and maintenance of tree

and shrub plantings to regulate the deposition of snow along roadways; and

“(11) conduct sociological, demographic, and economic studies as needed to

develop strategies for increasing the use of forestry conservation and agroforestry

practices.

“(c) Information Collection and Dissemination.—The Secretary shall establish

at the Center a program, to be known as the National Clearinghouse on Agroforestry

Conservation and Promotion to—

“(1) collect, analyze, and disseminate information on agroforestry conserva

tion technologies and practices; and

“(2) promote the use of such information by landowners and those organiza

tions associated with forestry and tree promotion.

“(d) Authorization of Appropriations.—There are authorized to be appropri

ated $5,000,000 annually to carry out this section.”

Forest Ecosystems And Atmospheric Pollution Research;

Congressional Findings

Section 2 of Pub. L. 100-521 provided that: “Congress finds that—

“(1) the health and productivity of forests in certain regions of the United States

are declining;

“(2) there is a special concern about the decline of certain hardwood species,

particularly sugar maples and oaks, in the eastern United States and the effects of

atmospheric pollutants on the health and productivity of these forests;

“(3) declines in the productivity of certain commercially important Southern

pine species have been measured;

“(4) existing research indicates that atmospheric pollution, including ozone,

acidic deposition, and heavy metals, may contribute to this decline;

“(5) there is an urgent need to expand and better coordinate existing Federal,

State, and private research, including research by private industry, to determine

the cause of changes in the health and productivity of domestic forest ecosystems

and to monitor and evaluate the effects of atmospheric pollutants on such ecosys-

tems; and

“(6) such research and monitoring should not impede efforts to control atmos

pheric pollutants.”

§1643. [FRRRRA §4]

Implementation of provisions

(a) Establishment and maintenance of research facilities;

acquisition, expenditures, etc., for property

In implementing this subchapter, the Secretary is authorized to es

tablish and maintain a system of experiment stations, research labora

tories, experimental areas, and other forest and rangeland research fa

cilities. The Secretary is authorized, with donated or appropriated

funds, to acquire by lease, donation, purchase, exchange, or other

wise, land or interests in land within the United States needed to im

plement this subchapter, to make necessary expenditures to examine,

appraise, and survey such property, and to do all things incident to per

fecting title thereto in the United States.

(b) Acceptance, holding, and administration of gifts, donations,

and bequests; use and investment of gifts, proceeds, etc.;

funding requirements

In implementing this subchapter, the Secretary is authorized to ac

cept, hold, and administer gifts, donations, and bequests of money,

real property, or personal property from any source not otherwise pro

hibited by law and to use such gifts, donations, and bequests to (1) es

tablish or operate any forest and rangeland research facility within the

United States, or (2) perform any forest and rangeland renewable re

source research activity authorized by this subchapter. Such gifts, do

nations, and bequests, or the proceeds thereof, and money appropri

ated for these purposes shall be deposited in the Treasury in a special

fund. At the request of the Secretary, the Secretary of the Treasury may

invest or reinvest any money in the fund that in the opinion of the Sec

retary is not needed for current operations. Such investments shall be

in public debt securities with maturities suitable for the needs of the

fund and bearing interest at prevailing market rates. There are hereby

authorized to be expended from such fund such amounts as may be

specified in annual appropriation Acts, which shall remain available

until expended.

governmental agencies, public and private agencies, etc.;

funding requirements for contributions from cooperators

In implementing this subchapter, the Secretary may cooperate with

international, Federal, State, and other governmental agencies, with

public or private agencies, institutions, universities, and organiza

tions, and with businesses and individuals in the United States and in

other countries. The Secretary may receive money and other contribu

tions from cooperators under such conditions as the Secretary may

prescribe. Any money contributions received under this subsection

shall be credited to the applicable appropriation or fund to be used for

the same purposes and shall remain available until expended as the

Secretary may direct for use in conducting research activities author

ized by this subchapter and in making refunds to contributors.

(Pub. L. 95-307, Sec. 4(a)-(c), June 30, 1978, 92 Stat. 354, 355; Pub. L.

101-513, title VI, Sec. 611(a)(2), formerly Sec. 607(a)(2), Nov. 5, 1990, 104

Stat. 2072, renumbered Sec. 611(a)(2), Pub. L. 102-574, Sec. 2(a)(1), Oct. 29,

1992, 106 Stat. 4593.)

§1644. [FRRRRA §5]

Forestry and rangeland competitive research grants

(a) Competitive grant authority

In addition to any grants made under other laws, the Secretary is

authorized to make competitive grants that will further research ac

tivities authorized by this subchapter to Federal, State, and other gov-

ernmental agencies, public or private agencies, institutions, universi-

ties, and organizations, and businesses and individuals in the United

States. In making these grants, the Secretary shall emphasize basic and

applied research activities that are important to achieving the purposes

of this subchapter, and shall obtain, through review by qualified scien-

tists and other methods, participation in research activities by scien-

tists throughout the United States who have expertise in matters re-

lated to forest and rangeland renewable resources. Grants under this

section shall be made at the discretion of the Secretary under whatever

conditions the Secretary may prescribe, after publicly soliciting re-

search proposals, allowing sufficient time for submission of the pro-

posals, and considering qualitative, quantitative, financial, adminis

trative, and other factors that the Secretary deems important in judg

ing, comparing, and accepting the proposals. The Secretary may reject

any or all proposals received under this section if the Secretary deter

mines that it is in the public interest to do so.

(b) Emphasis on certain high priority forestry research

The Secretary may use up to 5 percent of the amounts made avail

able for research under section 3 to make competitive grants regarding

forestry research in the high priority research areas identified under

section 3(d).

The Secretary may use up to 5 percent of the amounts made avail

able for research under section 3 to make competitive grants regarding

rangeland research in the high priority research areas identified under

section 3(d).

(d) Priorities

In making grants under subsections (b) and (c), the Secretary shall

give priority to research proposals under which—

(1) the proposed research will be collaborative research organ

ized through a center of scientific excellence;

(2) the applicant agrees to provide matching funds (in the form of

direct funding or in-kind support) in an amount equal to not less

than 50 percent of the grant amount; and

(3) the proposed research will be conducted as part of an existing

private and public partnership or cooperative research effort and in

volves several interested research partners.

(Pub. L. 95-307, §5, June 30, 1978, 92 Stat. 355; Pub. L. 105-185, §253(d),

June 23, 1998, 112 Stat. 561.)

16 U.S.C. §1643 ENVIRONMENTAL LAW DESKBOOK FRRRRA §4

742

§1645. [FRRRRA §6]

General provisions

(a) Availability of funds to cooperators and grantees

The Secretary may make funds available to cooperators and grant

ees under this subchapter without regard to the provisions of section

3324(a) and (b) of title 31, which prohibits advances of public money.

(b) Coordination of cooperative aid and grants with other aid

and grant authorities

To avoid duplication, the Secretary shall coordinate cooperative aid

and grants under this subchapter with cooperative aid and grants the

Secretary makes under any other authority.

research activities; cooperation with specified entities

The Secretary shall use the authorities and means available to the

Secretary to disseminate the knowledge and technology developed

from research activities conducted under or supported by this sub

chapter. In meeting this responsibility, the Secretary shall cooperate,

as the Secretary deems appropriate, with the entities identified in sub

section (d)(3) of this section and with others.

(d) Additional implementative authorities

In implementing this subchapter, the Secretary, as the Secretary

deems appropriate and practical, shall—

(1) use, and encourage cooperators and grantees to use, the best

available scientific skills from a variety of disciplines within and

outside the fields of agriculture and forestry;

(2) seek, and encourage cooperators and grantees to seek, a

proper mixture of short-term and long-term research and a proper

mixture of basic and applied research;

(3) avoid unnecessary duplication and coordinate activities un-

der this section among agencies of the Department of Agriculture

and with other affected Federal departments and agencies, State ag-

ricultural experiment stations, State extension services, State for-

esters or equivalent State officials, forestry schools, and private re-

search organizations; and

(4) encourage the development, employment, retention, and ex-

change of qualified scientists and other specialists through post-

graduate, postdoctoral, and other training, national and interna-

tional exchange of scientists, and other incentives and programs to

improve the quality of forest and rangeland renewable resources re-

search.

(e) Construction of statutory provisions

This subchapter shall be construed as supplementing all other laws

relating to the Department of Agriculture and shall not be construed as

limiting or repealing any existing law or authority of the Secretary ex

cept as specifically cited in this subchapter.

(f) Definitions

For the purposes of this subchapter, the terms “United States” and

“State” shall include each of the several States, the District of Colum

bia, the Commonwealth of Puerto Rico, the Virgin Islands of the

United States, the Commonwealth of the Northern Mariana Islands,

the Trust Territory of the Pacific Islands, and the territories and posses

sions of the United States.

(Pub. L. 95-307, §6, June 30, 1978, 92 Stat. 355.)

Codification

In subsec. (a), “section 3324(a) and (b) of title 31” substituted for “section 3648 of

the Revised Statutes (31 U.S.C. 529)” on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Fi

nance.

Termination Of Trust Territory Of The Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding

section 1681 of Title 48, Territories and Insular Possessions.

§1646. [FRRRRA §7]

Authorization of appropriations

There are authorized to be appropriated annually such sums as may

be needed to implement this subchapter. Funds appropriated under

this subchapter shall remain available until expended.

(Pub. L. 95-307, §7, June 30, 1978, 92 Stat. 356.)

§1647. [FRRRRA §8]

Other Federal programs

(a) Repeal of statutory authorities relating to investigation,

experiments, and tests in reforestation and forest products

The Act of May 22, 1928, known as the McSweeney-McNary Act

(45 Stat. 699-702, as amended; 16 U.S.C. 581, 581a, 581b-581i), is

hereby repealed.

(b) Force and effect of cooperative and other agreements under

repealed statutory authorities relating to investigation, etc., in

reforestation and forest products

Contracts and cooperative and other agreements under the

McSweeney-McNary Act shall remain in effect until revoked or

amended by their own terms or under other provisions of law.

provisions and coordination with agricultural research,

extension, and teaching provisions

The Secretary is authorized to issue such rules and regulations as

the Secretary deems necessary to implement the provisions of this

subchapter and to coordinate this subchapter with title XIV of the

Food and Agriculture Act of 1977 [7 U.S.C. 3101 et seq.].

(d) Availability of funds appropriated under repealed statutory

authorities relating to investigation, etc., in reforestation and

forest products

Funds appropriated under the authority of the McSweeney-

McNary Act shall be available for expenditure for the programs

authorized under this subchapter.

(Pub. L. 95-307, §8, June 30, 1978, 92 Stat. 356.)

References In Text

The Food and Agriculture Act of 1977, referred to in subsec. (c), is Pub. L.

95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title XIV of the Food and Agricul-

ture Act of 1977, known as the “National Agricultural Research, Extension, and

Teaching Policy Act of 1977", is classified principally to chapter 64 (Sec. 3101 et

seq.) of Title 7, Agriculture. For complete classification of this title to the Code, see

Short Title note set out under section 3101 of Title 7 and Tables.

§1648. [FRRRRA §9]

Recycling research

(a) Findings

Congress finds that—

(1) the United States is amassing vast amounts of solid wastes,

which is presenting an increasing problem for municipalities in lo

cating suitable disposal sites;

(2) a large proportion of these wastes consists of paper and other

wood wastes;

(3) less than one-third of these paper and wood wastes are recy

cled;

(4) additional recycling would result in reduced solid waste land

fill disposal and would contribute to a reduced rate of removal of

standing timber from forest lands; and

(5) additional research is needed to develop technological ad

vances to address barriers to increased recycling of paper and wood

wastes and utilization of products consisting of recycled materials.

(b) Recycling research program

The Secretary is authorized to conduct, support, and cooperate in an

expanded wood fiber recycling research program, including the ac

quisition of necessary equipment. The Secretary shall seek to ensure

that the program includes the cooperation and support of private in

dustry and that program goals include the application of such research

to industry and consumer needs.

In addition to any other funds made available to implement section

1642 of this title, for the 5-year period beginning on October 1, 1990,

there are authorized to be appropriated annually $10,000,000 to im

plement this section.

(Pub. L. 95-307, §9, as added Pub. L. 101-624, title XII, §1241(b), Nov. 28,

1990, 104 Stat. 3544.)

Prior Provisions

A prior section 9 of Pub. L. 95-307, June 30, 1978, 92 Stat. 357, which provided

the effective date for Pub. L. 95-307, was set out as a note under section 1641 of this

title prior to general amendment by Pub. L. 101-624.

FRRRRA §9 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1648

743

§1649. [FRRRRA §10]

Forestry Student Grant Program

(a) Establishment

The Secretary shall establish a program, to be known as the “For

estry Student Grant Program” (hereafter referred to in this section as

the “Program”), to provide assistance to expand the professional edu

cation of forestry, natural resources, and environmental scientists.

(b) Student grants

Under the Program the Secretary shall provide assistance for the es

tablishment of a competitive grant fellowship program to assist gradu

ate, and undergraduate minority and female, students attending insti

tutions having programs in forestry and natural resources.

The Secretary shall ensure that students concentrating in the fol

lowing studies shall be eligible for assistance under subsection (b) of

this section:

(1) Forestry.

(2) Biology and forest organisms.

(3) Ecosystem function and management.

(4) Human-forest interaction.

(5) International trade, competition, and cooperation.

(6) Wood as a raw material.

(7) Economics and policy.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be neces

sary to carry out this section.

(Pub. L. 95-307, §10, as added Pub. L. 101-624, title XII, §1252, Nov. 28,

1990, 104 Stat. 3553.)

§1650.

Hardwood technology transfer and applied research

(a) Authority of Secretary

The Secretary of Agriculture (hereinafter the “Secretary”) is hereby

and hereafter authorized to conduct technology transfer and develop-

ment, training, dissemination of information and applied research in

the management, processing and utilization of the hardwood forest re-

source. This authority is in addition to any other authorities which may

be available to the Secretary including, but not limited to, the Coop-

erative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101

et seq.), and the Forest and Rangeland Renewable Resources Act of

1978, as amended (16 U.S.C. 1600-1614).

(b) Grants, contracts, and cooperative agreements; gifts and

donations

In carrying out this authority, the Secretary may enter into grants,

contracts, and cooperative agreements with public and private agen

cies, organizations, corporations, institutions and individuals. The

Secretary may accept gifts and donations pursuant to the Act of Octo

ber 10, 1978 (7 U.S.C. 2269) including gifts and donations from a do

nor that conducts business with any agency of the Department of Agri

culture or is regulated by the Secretary of Agriculture.

establishment of Institute of Hardwood Technology Transfer

and Applied Research

The Secretary is hereby and hereinafter authorized to operate and

utilize the assets of the Wood Education and Resource Center (previ

ously named the Robert C. Byrd Hardwood Technology Center in

West Virginia) as part of a newly formed “Institute of Hardwood Tech

nology Transfer and Applied Research” (hereinafter the “Institute”).

The Institute, in addition to the Wood Education and Resource Center,

will consist of a Director, technology transfer specialists from State

and Private Forestry, the Forestry Sciences Laboratories in Princeton,

West Virginia, and any other organizational unit of the Department of

Agriculture as the Secretary deems appropriate. The overall manage

ment of the Institute will be the responsibility of the Forest Service,

State and Private Forestry.

(d) Generation of revenue; deposit into Hardwood Technology

Transfer and Applied Research Fund

The Secretary is hereby and hereafter authorized to generate reve

nue using the authorities provided herein. Any revenue received as

part of the operation of the Institute shall be deposited into a special

fund in the Treasury of the United States, known as the “Hardwood

Technology Transfer and Applied Research Fund”, which shall be

available to the Secretary until expended, without further appropria

tion, in furtherance of the purposes of this section, including upkeep

ing, management, and operation of the Institute and the payment of

salaries and expenses.

(e) Authorization of appropriations

There are hereby and hereafter authorized to be appropriated such

sums as necessary to carry out the provisions of this section.

(Pub. L. 106-113, div. B, §1000(a)(3) [title III, §332], Nov. 29, 1999, 113 Stat.

1535, 1501A-197.)

References In Text

The Cooperative Forestry Assistance Act of 1978, referred to in subsec. (a), is

Pub. L. 95-313, July 1, 1978, 92 Stat. 365, as amended, which is classified princi

pally to chapter 41 (Sec. 2101 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 2101 of this title and Ta

bles.

Codification

Section was enacted as part of the Department of the Interior and Related

Agencies Appropriations Act, 2000, and not as part of the Forest and Rangeland Re

newable Resources Research Act of 1978 which comprises this subchapter.

Harwood Technology Transfer And Applied Research

Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 343], Oct. 21, 1998, 112 Stat.

2681-231, 2681-297, provided that:

“(a) The Secretary of Agriculture (hereinafter the ‘Secretary’) is hereby autho-

rized to conduct technology transfer and development, training, dissemination of in-

formation and applied research in the management, processing and utilization of the

hardwood forest resource. This authority is in addition to any other authorities which

may be available to the Secretary including, but not limited to, the Cooperative For-

estry Assistance Act of 1978, as amended (16 U.S.C. 2101 et. seq.), and the Forest

and Rangeland Renewable Resources Act of 1978, as amended (16 U.S.C.

1600-1614).

“(b) In carrying out this authority, the Secretary may enter into grants, contracts,

and cooperative agreements with public and private agencies, organizations, corpo-

rations, institutions and individuals. The Secretary may accept gifts and donations

pursuant to the Act of October 10, 1978 (7 U.S.C. 2269) including gifts and dona

tions from a donor that conducts business with any agency of the Department of Ag

riculture or is regulated by the Secretary of Agriculture.

“(c) The Secretary is authorized, on such terms and conditions as the Secretary

may prescribe, to assume all rights, title, and interest, including all outstanding as

sets, of the Robert C. Byrd Hardwood Technology Center, Inc. (hereinafter the ‘Cen

ter’), a non-profit corporation existing under the laws of the State of West Virginia:

Provided, That the Board of Directors of the Center requests such an action and dis

solves the corporation consistent with the Articles of Incorporation and the laws of

the State of West Virginia.

“(d) The Secretary is authorized to operate and utilize the assets of the Center as

part of a newly formed ‘Institute of Hardwood Technology Transfer and Applied Re

search’(hereinafter the ‘Institute’). The Institute, in addition to the Center, will con

sist of a Director, technology transfer specialists from State and Private Forestry, the

Forestry Sciences Laboratory in Princeton, West Virginia, and any other organiza

tional unit of the Department of Agriculture as the Secretary deems appropriate. The

overall management of the Institute will be the responsibility of the USDA Forest

Service, State and Private Forestry.

“(e) The Secretary is authorized to generate revenue using the authorities pro

vided herein. Any revenue received as part of the operation of the Institute shall be

deposited into a special fund in the Treasury of the United States, known as the

‘Hardwood Technology Transfer and Applied Research Fund’, which shall be avail

able to the Secretary until expended, without further appropriation, in furtherance of

the purposes of this section, including upkeep, management, and operation of the In

stitute and the payment of salaries and expenses.

“(f) There are hereby authorized to be appropriated such sums as necessary to

carry out the provisions of this section."

16 U.S.C. §1649 ENVIRONMENTAL LAW DESKBOOK FRRRRA §10

744

8. So in original.

Subchapter III—Extension Programs

Termination Of Subchapter

For termination of subchapter by section 8 of Pub. L. 95-306, see Effective and

Termination Date note set out under section 1671 of this title.

§1671. [RREA §2]

Congressional statement of findings

Congress finds that—

(1) the extension program of the Department of Agriculture and

the extension activities of each State provide useful and productive

educational programs for private forest and range landowners and

processors and consumptive and nonconsumptive users of forest

and rangeland renewable resources, and these educational pro

grams complement research and assistance programs conducted by

the Department of Agriculture;

(2) to meet national goals, it is essential that all forest and range

land renewable resources (hereinafter in this subchapter referred to

as “renewable resources”), including fish and wildlife, forage, out

door recreation opportunities, timber, and water, be fully consid

ered in designing educational programs for landowners, processors,

and users;

(3) more efficient utilization and marketing of renewable re

sources extend available supplies of such resources, provide prod

ucts to consumers at prices less than they would otherwise be, and

promote reasonable returns on the investments of landowners, pro

cessors, and users;

(4) trees and forests in urban areas improve the esthetic quality,

reduce noise, filter impurities from the air and add oxygen to it, save

energy by moderating temperature extremes, control wind and wa-

ter erosion, and provide habitat for wildlife; and

(5) trees and shrubs used as shelterbelts protect farm lands from

wind and water erosion, promote moisture accumulation in the soil,

and provide habitat for wildlife.

(Pub. L. 95-306, §2, June 30, 1978, 92 Stat. 349.)

Effective And Termination Dates

Pub. L. 95-306, Sec. 8, June 30, 1978, 92 Stat. 352, as amended by Pub. L.

100-231, Sec. 2(2), Jan. 5, 1988, 101 Stat. 1565; Pub. L. 107-171, title VIII, Sec.

8101(b)(2), May 13, 2002, 116 Stat. 475, provided that: “The provisions of this Act

[enacting this subchapter and provision set out as a note under section 1600 of this ti

tle] shall be effective for the period beginning October 1, 1978, and ending Septem

ber 30, 2007.”

Short Title

For short title of Renewable Resources Extension Act of 1978, see Short Title of

1978 Amendment note set out under section 1600 of this title.

§1672. [RREA §3]

General program authorization

(a) Types of programs; preconditions and cooperation with

State program directors, etc.

The Secretary of Agriculture (hereinafter in this subchapter referred

to as the “Secretary”), under conditions the Secretary may prescribe

and in cooperation with the State directors of cooperative extension

service programs and eligible colleges and universities, shall—

(1) provide educational programs that enable individuals to rec

ognize, analyze, and resolve problems dealing with renewable re

sources, including forest— and range-based outdoor recreation op

portunities, trees and forests in urban areas, and trees and shrubs in

shelterbelts;

(2) use educational programs to disseminate the results of re

search on renewable resources;

(3) conduct educational programs that transfer the best available

technology to those involved in the management and protection of

forests and rangelands and the processing and use of their associ

ated renewable resources;

(4) develop and implement educational programs that give spe

cial attention to the educational needs of small, private nonindus

trial forest landowners;

(5) develop and implement educational programs in range and

fish and wildlife management;

(6) assist in providing continuing education programs for profes

sionally trained individuals in fish and wildlife, forest, range, and

watershed management and related fields;

(7) help forest and range landowners in securing technical and fi

nancial assistance to bring appropriate expertise to bear on their

problems;

(8) help identify areas of needed research regarding renewable

resources;

(9) in cooperation with State foresters or equivalent State offi

cials, promote public understanding of the energy conservation,

economic, social, environmental, and psychological values of

trees and open space in urban and community area environments

and expand knowledge of the ecological relationships and bene

fits of trees and related resources in urban and community envi

ronments; and

(10) conduct a comprehensive natural resource and environmen

tal education program for landowners and managers, public offi

cials, and the public, with particular emphasis on youth.

(b) “Eligible colleges and universities” defined

As used in this subchapter, the term “eligible colleges and universi

ties” means colleges and universities eligible to be supported and

maintained, in whole or in part, with funds made available under the

provisions of the Act of July 2, 1862 (12 Stat. 503-505, as amended; 7

U.S.C. 301-305, 307, 308), and the Act of August 30, 1890 (26 Stat.

417-419, as amended; 7 U.S.C. 321-326, 328), including Tuskegee In

stitute, and colleges and universities eligible for assistance under the

Act of October 10, 1962 (76 Stat. 806-807, as amended; 16 U.S.C.

582a, 582a-1—582a-7).

methods

In implementing this section, all appropriate educational methods

may be used, including, but not limited to, meetings, short courses,

workshops, tours, demonstrations, publications, news releases, and

radio and television programs.

(Pub. L. 95-306, §3, June 30, 1978, 92 Stat. 349; Pub. L. 101-624, title XII,

§1219(b)(1), 1251(b), Nov. 28, 1990, 104 Stat. 3538, 3552; Pub. L. 102-237,

§1018(d), Dec. 13, 1991, 105 Stat. 1905.)

References In Text

Act of July 2, 1862 (12 Stat. 503-505, as amended; 7 U.S.C. 301-305, 307, 308),

referred to in subsec. (b), is act July 2, 1862, ch. 130, 12 Stat. 503, as amended, popu

larly known as the Morrill Act and also as the First Morrill Act, which is classified

generally to subchapter I (Sec. 301 et seq.) of chapter 13 of Title 7, Agriculture. For

complete classification of this Act to the Code, see Short Title note set out under sec

tion 301 of Title 7 and Tables.

Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 321-326, 328),

referred to in subsec. (b), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended,

popularly known as the Agricultural College Act of 1890 and also as the Second

Morrill Act, which is classified generally to subchapter II (Sec. 321 et seq.) of chap

ter 13 of Title 7. For complete classification of this Act to the Code, see Short Title

note set out under section 321 of Title 7 and Tables.

Act of October 10, 1962 (76 Stat. 806-807, as amended), referred to in subsec. (b),

is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as amended, known as the

McIntire-Stennis Act of 1962, which is classified generally to subchapter III (Sec.

582a et seq.) of chapter 3 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 582a of this title and Tables.

§1673. [RREA §4]

State programs

(a) Development by State program director, etc., of

comprehensive and coordinated program by mutual agreement;

consultations; review procedure

The State director of cooperative extension programs (hereinafter

in this subchapter referred to as the “State director”) and the adminis

trative heads of extension for eligible colleges and universities in each

State shall jointly develop, by mutual agreement, a single comprehen

sive and coordinated renewable resources extension program in which

the role of each eligible college and university is well-defined. In

meeting this responsibility, the State director and the administrative

heads of extension for eligible colleges and universities shall consult

and seek agreement with the administrative technical representatives

and the forestry representatives provided for by the Secretary in im

plementation of the Act of October 10, 1962 (76 Stat. 806-807, as

RREA §2 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1671

745

amended; 16 U.S.C. 582a, 582a-1—582a-7), in the State. Each State’s

renewable resources extension program shall be submitted to the Sec

retary annually. The National Agricultural Research, Extension, Educa

tion, and Economics Advisory Board established under section 3123 of

title 7 shall review and make recommendations to the Secretary pertain

ing to programs conducted under this subchapter.

(b) Encouragement by State director, etc., of cooperation

between county and State extension staffs and appropriate

Federal and State agencies and organizations

The State director and the administrative heads of extension for eli

gible colleges and universities in each State shall encourage close co

operation between extension staffs at the county and State levels, and

State and Federal research organizations dealing with renewable re

sources, State and Federal agencies that manage forests and range

lands and their associated renewable resources, State and Federal

agencies that have responsibilities associated with the processing or

use of renewable resources, and other agencies or organizations the

State director and administrative heads of extension deem appropri

ate.

director; exception

Each State renewable resources extension program shall be adminis

tered and coordinated by the State director, except that, in States having

colleges eligible to receive funds under the Act of August 30, 1890 (26

Stat. 417-419, as amended; 7 U.S.C. 321-326, 328), including Tuskegee

Institute, the State renewable resources extension program shall be ad

ministered by the State director and the administrative head or heads of

extension for the college or colleges eligible to receive such funds.

(d) Appointment and use of advisory committees by State

director, etc.; composition of advisory committees

In meeting the provisions of this section, each State director and ad-

ministrative heads of extension for eligible colleges and universities

shall appoint and use one or more advisory committees comprised of

forest and range landowners, professionally trained individuals in fish

and wildlife, forest, range, and watershed management, and related

fields, as appropriate, and other suitable persons.

(e) “State” defined

For the purposes of this subchapter, the term “State” means any one

of the fifty States, the Commonwealth of Puerto Rico, Guam, the Dis-

trict of Columbia, and the Virgin Islands of the United States.

(Pub. L. 95-306, §4, June 30, 1978, 92 Stat. 350; Pub. L. 104-127, §802(b)(3),

Apr. 4, 1996, 110 Stat. 1159.)

References In Text

Act of October 10, 1962 (76 Stat. 806-807, as amended), referred to in subsec. (a),

is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as amended, known as the

McIntire-Stennis Act of 1962, which is classified generally to subchapter III (Sec.

582a et seq.) of chapter 3 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 582a of this title and Tables.

Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 321-326, 328),

referred to in subsec. (c), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended,

popularly known as the Agricultural College Act of 1890 and also as the Second

Morrill Act, which is classified generally to subchapter II (Sec. 321 et seq.) of chap

ter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see

Short Title note set out under section 321 of Title 7 and Tables.

§1674. [RREA §5]

Renewable Resources Extension Program plan

(a) Preparation and submission to Congress; purposes; contents

The Secretary shall prepare a five-year plan for implementing this

subchapter, which is to be called the “Renewable Resources Extension

Program” and shall submit such plan to the Committee on Agriculture

of the House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate no later than the last day of the

first half of the fiscal year ending September 30, 1980, and the last day

of the first half of each fifth fiscal year thereafter. The Renewable Re

sources Extension Program shall provide national emphasis and direc

tion as well as guidance to State directors and administrative heads of

extension for eligible colleges and universities in the development of

their respective State renewable resources extension programs, which

are to be appropriate in terms of the conditions, needs, and opportuni

ties in each State. The Renewable Resources Extension Program shall

contain, but not be limited to, brief outlines of general extension pro

grams for fish and wildlife management (for both game and nongame

species), range management, timber management (including brief

outlines of general extension programs for timber utilization, timber

harvesting, timber marketing, wood utilization, and wood products

marketing), and watershed management (giving special attention to

water quality protection), as well as brief outlines of general extension

programs for recognition and enhancement of forest—and

range-based outdoor recreation opportunities, for urban and commu

nity forestry activities, and for planting and management of trees and

shrubs in shelterbelts, and give special attention to water quality pro

tection and natural resource and environmental education for land

owners and managers, public officials, and the public.

(b) Considerations governing preparation

In preparing the Renewable Resources Extension Program, the Secre

tary shall take into account the respective capabilities of private forests

and rangelands for yielding renewable resources and the relative needs

for such resources identified in the periodic Renewable Resource Assess

ment provided for in section 1601 of this title and the periodic appraisal of

land and water resources provided for in section 2004 of this title.

(d) Review of activities and evaluation of progress

To assist Congress and the public in evaluating the Renewable Re

sources Extension Program, the program shall include a review of ac

tivities undertaken in response to the preceding five-year plan and an

evaluation of the progress made toward accomplishing the goals and

objectives set forth in such preceding plan. Such review and evalua

tion shall be displayed in the program, for the Nation as a whole, and

for each State.

(Pub. L. 95-306, §5, June 30, 1978, 92 Stat. 351; Pub. L. 100-231, §3, Jan. 5,

1988, 101 Stat. 1565; Pub. L. 101-624, title XII, §1219(b)(2), 1251(c), Nov. 28,

1990, 104 Stat. 3539, 3553.)

Codification

Subsec. (c) of this section, which required the Secretary to prepare an annual re-

port on the Renewable Resources Extension Program, to be furnished to Congress at

the time of submission of each annual fiscal budget, terminated, effective May 15,

2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 45 of House Document

No. 103-7.

§1674a. [RREA §5A]

Expanded programs

(a) In general

The Secretary, acting through the Extension Service and the State

cooperative extension services, and in consultation with State forest

ers or equivalent State officials, school boards, and universities, shall

expand forestry and natural resources education programs conducted

under this subchapter for private forest owners and managers, public

officials, youth, and the general public, and shall include guidelines

for the transfer of technology.

(b) Activities

(1) In general

In expanding the programs conducted under this subchapter, the Secre

tary shall ensure that activities are undertaken to promote policies and

practices that enhance the health, vitality, productivity, economic value,

and environmental attributes of the forest lands of the United States.

(2) Types

The activities referred to in paragraph (1) shall include—

(A) demonstrating and teaching landowners and forest manag

ers the concepts of multiple-use and sustainable natural resource

management;

(B) conducting comprehensive environmental education pro

grams that assist citizens to participate in environmentally posi

tive activities such as tree planting, recycling, erosion preven

tion, and waste management; and

capacity of schools, local governments and resource agencies to

deliver forestry and natural resources information to young peo

ple, environmentally concerned citizens, and action groups.

(Pub. L. 95-306, §5A, as added Pub. L. 101-624, title XII, §1251(a), Nov. 28,

1990, 104 Stat. 3552.)

16 U.S.C. §1674 ENVIRONMENTAL LAW DESKBOOK RREA §5

746

§1674b. [RREA §5B]

Sustainable Forestry Outreach Initiative

The Secretary shall establish a program, to be known as the “Sus

tainable Forestry Outreach Initiative”, to educate landowners con

cerning the following:

(1) The value and benefits of practicing sustainable forestry.

(2) The importance of professional forestry advice in achieving

sustainable forest objectives.

(3) The variety of public and private sector resources available to

assist the landowners in planning for and practicing sustainable for

estry.

(Pub. L. 95-306, §5B, as added Pub. L. 107-171, title VIII, §8101(a), May 13,

2002, 116 Stat. 474.)

§1675. [RREA §6]

Authorization of appropriations; criteria for eligibility of

States for funds

There is authorized to be appropriated to carry out this subchapter

$30,000,000 for each of fiscal years 2002 through 2007. Generally,

States shall be eligible for funds appropriated under this subchapter

according to the respective capabilities of their private forests and

rangelands for yielding renewable resources and relative needs for

such resources identified in the periodic Renewable Resource Assess

ment provided for in section 1601 of this title and the periodic ap

praisal of land and water resources provided for in section 2004 of this

title.

(Pub. L. 95-306, §6, June 30, 1978, 92 Stat. 352; Pub. L. 100-231, §2(1), Jan. 5,

1988, 101 Stat. 1565; Pub. L. 105-185, §301(h), June 23, 1998, 112 Stat. 563;

Pub. L. 107-171, title VIII, §8101(b)(1), May 13, 2002, 116 Stat. 474.)

§1676. [RREA §7]

Issuance of rules and regulations for implementation of

provisions and coordination with agricultural, research,

extension, and teaching provisions

The Secretary is authorized to issue such rules and regulations as

the Secretary deems necessary to implement the provisions of this

subchapter and to coordinate this subchapter with title XIV of the

Food and Agriculture Act of 1977 [7 U.S.C. 3101 et seq.].

(Pub. L. 95-306, §7, June 30, 1978, 92 Stat. 352.)

References In Text

The Food and Agriculture Act of 1977, referred to in text, is Pub. L. 95-113, Sept.

29, 1977, 91 Stat. 913, as amended. Title XIV of the Food and Agriculture Act of

1977, known as the “National Agricultural Research, Extension, and Teaching Pol

icy Act of 1977", is classified principally to chapter 64 (Sec. 3101 et seq.) of Title 7,

Agriculture. For complete classification of this title to the Code, see Short Title note

set out under section 3101 of Title 7 and Tables.

RREA §7 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1676

747

Subchapter IV—Wood Residue Utilization

§1681. [WRUA §2]

Congressional statement of purpose

The purpose of this subchapter is to develop, demonstrate, and

make available information on feasible methods that have potential

for commercial application to increase and improve utilization, in res

idential, commercial, and industrial or powerplant applications, of

wood residues resulting from timber harvesting and forest protection

and management activities occurring on public and private forest

lands, and from the manufacture of forest products, including

woodpulp.

(Pub. L. 96-554, §2, Dec. 19, 1980, 94 Stat. 3257.)

Effective Date

Section 9 of Pub. L. 96-554 provided that: “This Act [enacting this subchapter and

enacting a provision set out as a note under section 1600 of this title] shall become ef

fective October 1, 1981”.

Short Title

For short title of Pub. L. 96-554, Dec. 19, 1980, 94 Stat. 3257, as the Wood Resi

due Utilization Act of 1980, see Short Title of 1980 Amendment note set out under

section 1600 of this title.

§1682. [WRUA §3]

Pilot projects and demonstrations

(a) Establishment, implementation

The Secretary may establish pilot projects and demonstrations to

carry out the purposes of this subchapter. The pilot projects and dem

onstrations established under this section (1) may be operated by the

Secretary; or (2) may be carried out through contracts or agreements

with owners of private forest lands or other persons, or in conjunction

with projects, contracts, or agreements entered into under any other

authority which the Secretary may possess: Provided, That nothing

contained in this subchapter shall abrogate or modify provisions of ex-

isting contracts or agreements, including contracts or agreements for

the sale of national forest timber, except to the extent such changes are

mutually agreed to by the parties to such contracts or agreements.

(b) Scope; residue removal credits

Pilot projects and demonstrations carried out under this section may

include, but are not limited to (1) establishment and operation of utili-

zation demonstration areas; (2) establishment and operation of fuel

wood concentration and distribution centers; and (3) construction of

access roads needed to facilitate wood residue utilization: Provided,

That residue removal credits may be utilized by the Secretary only as

provided in section 1683 of this title.

(Pub. L. 96-554, §3, Dec. 19, 1980, 94 Stat. 3257.)

§1683. [WRUA §4]

Pilot projects; requirements; residue removal credits as

compensation; implementation guidelines

The Secretary may carry out pilot wood residue utilization projects

under which purchasers of National Forest System timber under con

tracts awarded prior to October 1, 1986, may, except as otherwise pro

vided in this section, be required to remove wood residues not pur

chased by them to points of prospective use in return for compensation

in the form of “residue removal credits.” Such projects may be carried

out where the Secretary identifies situations in which pilot wood resi

due utilization projects on the National Forest system can provide im

portant information on various methods and approaches to increasing

the utilization, in residential, commercial, and industrial or

powerplant applications, of wood residues and where such informa

tion cannot reasonably be obtained unless the pilot projects are done in

conjunction with normal National Forest timber sale activities. The

residue removal credits shall be applied against the amount payable

for the timber purchased and shall represent the anticipated cost of re

moval of wood residues. The following guidelines shall apply to pro

jects carried out under this section:

(1) Except in cases where wood residue removal is determined to

be necessary for fire prevention, site preparation for regeneration,

wildlife habitat improvement, or other land management purposes,

the Secretary may not provide for removal of wood residues in in

stances where the anticipated cost of removal would exceed the an

ticipated value.

(2) The residue removal credits authorized by this section shall

not exceed the amount payable by the purchaser for timber after the

application of all other designated charges and credits.

(3) The Secretary may sell the wood residues removed to points

of prospective use for not less than their appraised value.

(4) Pilot projects, demonstrations, and other programs estab

lished pursuant to this subchapter shall be carried out in a manner

which does not result in an adverse effect on the furnishing of tim

ber, free of charge, under any other provision of law.

(5) Wood residues shall be collected from a site so as to avoid soil

depletion or erosion giving full consideration to the protection of

wildlife habitat.

(6) For the purposes of section 500 of this title, (A) any residue

removal credit applied under this section shall be considered as

“money received” or “moneys received”, respectively, and (B) the

“money received” or “moneys received”, respectively, from the

sales of wood residues removed to points of prospective use shall be

the proceeds of the sales less the sum of any residue removal credit

applied with respect to such residues plus any costs incurred by the

Forest Service in processing and storing such residues.

(Pub. L. 96-554, §4, Dec. 19, 1980, 94 Stat. 3257.)

§1684. [WRUA §5]

Annual reports

This Secretary shall make annual reports to the Congress on the pro-

grams authorized by this subchapter. These reports shall be submitted

with the reports required under section 1606(c) of this title.

(Pub. L. 96-554, §5, Dec. 19, 1980, 94 Stat. 3258.)

§1685. [WRUA §6]

Regulations

The Secretary shall issue such regulations as the Secretary deems

necessary to implement the provisions of this subchapter.

(Pub. L. 96-554, §6, Dec. 19, 1980, 94 Stat. 3258.)

§1686. [WRUA §7]

Definitions

For purposes of this subchapter, the term:

(1) “Anticipated cost of removal” means the projected cost of re

moval of wood residues from timber sales areas to points of pro

spective use, as determined by the Secretary at the time of adver

tisement of the timber sales contract in accordance with appropriate

appraisal and sale procedures.

(2) “Anticipated value” means the projected value of wood resi

dues as fuel or other merchantable wood products, as determined by

the Secretary at the time of advertisement of the timber sales con

tract in accordance with appropriate appraisal and sale procedures.

(3) “Points of prospective use” means the locations where the

wood residues are sold or otherwise put to use, as determined by the

Secretary in accordance with appropriate appraisal and sale proce

dures.

(4) “Person” means an individual, partnership, joint-stock com

pany, corporation, association, trust, estate, or any other legal en

tity, or any agency of Federal or State government or of a political

subdivision of a State.

(5) “Secretary” means the Secretary of Agriculture.

(6) “Wood residues” includes, but is not limited to, logging slash,

down timber material, woody plants, and standing live or dead trees

which do not meet utilization standards because of size, species,

merchantable volume, or economic selection criteria and which, in

the case of live trees, are surplus to growing stock needs.

(Pub. L. 96-554, §7, Dec. 19, 1980, 94 Stat. 3258.)

16 U.S.C. §1681 ENVIRONMENTAL LAW DESKBOOK WRUA §2

748

§1687. [WRUA §8]

Authorization of appropriations

There is hereby authorized to be appropriated not to exceed

$25,000,000 for each of the fiscal years 1982, 1983, 1984, 1985, and

1986 to carry out the pilot projects and demonstrations authorized by

section 1682 of this title, the residue removal credits authorized by

section 1683 of this title, and the other provisions of this subchapter:

Provided, That not to exceed $2,500,000 of such amount may be ap

propriated for administrative expenses to carry out this subchapter for

the period beginning October 1, 1981, and ending September 30,

1986. Such sums shall be in addition to those provided under other

provisions of law and shall remain available until expended.

(Pub. L. 96-554, §8, Dec. 19, 1980, 94 Stat. 3259.)

WRUA §8 NATIONAL FOREST MANAGEMENT ACT 16 U.S.C. §1687

749