US (United States) Code. Title 16. Chapter 36: Forest and rangeland renewable resources planning

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 36 - FOREST AND RANGELAND RENEWABLE

RESOURCES PLANNING 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

.

-HEAD-

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

-MISC1-

SUBCHAPTER I - PLANNING

Sec.

1600. Congressional findings.

1601. Renewable Resource Assessment.

(a) Preparation by Secretary of Agriculture; time of

preparation, updating and contents.

(b) Omitted.

(c) Contents of Assessments.

(d) Public involvement; consultation with

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.

(e) Report on herbicides and pesticides.

1602. Renewable Resource Program; preparation by Secretary of

Agriculture and transmittal to President; purpose and development

of program; time of preparation, updating and contents.

1603. National Forest System resource inventories; development,

maintenance, and updating by Secretary of Agriculture as part of

Assessment.

1604. National Forest System land and resource management plans.

(a) Development, maintenance, and revision by

Secretary of Agriculture as part of program;

coordination.

(b) Criteria.

(c) Incorporation of standards and guidelines by

Secretary; time of completion; progress

reports; existing management plans.

(d) Public participation in management plans;

availability of plans; public meetings.

(e) Required assurances.

(f) Required provisions.

(g) Promulgation of regulations for development and

revision of plans; environmental

considerations; resource management guidelines;

guidelines for land management plans.

(h) Scientific committee to aid in promulgation of

regulations; termination; revision committees;

clerical and technical assistance; compensation

of committee members.

(i) Consistency of resource plans, permits,

contracts, and other instruments with land

management plans; revision.

(j) Effective date of land management plans and

revisions.

(k) Development of land management plans.

(l) Program evaluation; process for estimating

long-term costs and benefits; summary of data

included in annual report.

(m) Establishment of standards to ensure culmination

of mean annual increment of growth;

silvicultural practices; salvage harvesting;

exceptions.

1605. 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.

1606. 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.

(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.

(c) Annual evaluation report to Congress of Program

components; time of submission; status of major

research programs; application of findings;

status, etc., of cooperative forestry

assistance programs and activities.

(d) Required contents of annual evaluation report.

(e) Additional required contents of annual evaluation

report.

(f) Form of annual evaluation report.

1606a. Reforestation Trust Fund.

(a) Establishment; source of funds.

(b) Transfer of certain tariff receipts to Trust

Fund; fiscal year limitation; quarterly

transfers; adjustment of estimates.

(c) Report to Congress; printing as House and Senate

document; investments; sale and redemption of

obligations; credits for Trust Fund.

(d) Obligations from Trust Fund.

1607. 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.

1608. National Forest Transportation System.

(a) Congressional declaration of policy; time for

development; method of financing; financing of

forest development roads.

(b) Construction of temporary roadways in connection

with timber contracts, and other permits or

leases.

(c) Standards of roadway construction.

1609. National Forest System.

(a) Congressional declaration of constituent elements

and purposes; lands etc., included within;

return of lands to public domain.

(b) Location of Forest Service offices.

1610. Implementation of provisions by Secretary of Agriculture;

utilization of information and data of other organizations;

avoidance of duplication of planning, etc.; ''renewable

resources'' defined.

1611. Timber.

(a) Limitations on removal; variations in allowable

sale quantity; public participation.

(b) Salvage harvesting.

1612. Public participation.

(a) Adequate notice and opportunity to comment.

(b) Advisory boards.

1613. Promulgation of regulations.

1614. Severability.

SUBCHAPTER II - RESEARCH

1641. Findings and purpose.

(a) Findings.

(b) Relationship to other law.

(c) Purpose.

1642. Investigations, experiments, tests, and other activities.

(a) Authorization; scope and purposes of activities.

(b) Development of periodic Renewable Resource

Assessment through survey and analysis of

conditions; implementation; authorization of

appropriations.

(c) Program of research and study relative to health

and productivity of domestic forest ecosystems;

advisory committee; reports.

(d) High priority forestry and rangeland research and

education.

(e) Forest inventory and analysis.

1643. Implementation of provisions.

(a) Establishment and maintenance of research

facilities; acquisition, expenditures, etc.,

for property.

(b) Acceptance, holding, and administration of gifts,

donations, and bequests; use and investment of

gifts, proceeds, etc.; funding requirements.

(c) Cooperation with international, Federal, State,

and other governmental agencies, public and

private agencies, etc.; funding requirements

for contributions from cooperators.

1644. Forestry and rangeland competitive research grants.

(a) Competitive grant authority.

(b) Emphasis on certain high priority forestry

research.

(c) Emphasis on certain high priority rangeland

research.

(d) Priorities.

1645. General provisions.

(a) Availability of funds to cooperators and

grantees.

(b) Coordination of cooperative aid and grants with

other aid and grant authorities.

(c) Dissemination of knowledge and technology

developed from research activities; cooperation

with specified entities.

(d) Additional implementative authorities.

(e) Construction of statutory provisions.

(f) Definitions.

1646. Authorization of appropriations.

1647. Other Federal programs.

(a) Repeal of statutory authorities relating to

investigation, experiments, and tests in

reforestation and forest products.

(b) Force and effect of cooperative and other

agreements under repealed statutory authorities

relating to investigation, etc., in

reforestation and forest products.

(c) Issuance of rules and regulations for

implementation of provisions and coordination

with agricultural research, extension, and

teaching provisions.

(d) Availability of funds appropriated under repealed

statutory authorities relating to

investigation, etc., in reforestation and

forest products.

1648. Recycling research.

(a) Findings.

(b) Recycling research program.

(c) Authorization of appropriations.

1649. Forestry Student Grant Program.

(a) Establishment.

(b) Student grants.

(c) Eligibility.

(d) Authorization of appropriations.

1650. Hardwood technology transfer and applied research.

(a) Authority of Secretary.

(b) Grants, contracts, and cooperative agreements;

gifts and donations.

(c) Use of assets of Wood Education and Resource

Center; establishment of Institute of Hardwood

Technology Transfer and Applied Research.

(d) Generation of revenue; deposit into Hardwood

Technology Transfer and Applied Research Fund.

(e) Authorization of appropriations.

SUBCHAPTER III - EXTENSION PROGRAMS

1671. Congressional statement of findings.

1672. General program authorization.

(a) Types of programs; preconditions and cooperation

with State program directors, etc.

(b) ''Eligible colleges and universities'' defined.

(c) Use of appropriate educational methods required;

scope of methods.

1673. State programs.

(a) Development by State program director, etc., of

comprehensive and coordinated program by mutual

agreement; consultations; review procedure.

(b) Encouragement by State director, etc., of

cooperation between county and State extension

staffs and appropriate Federal and State

agencies and organizations.

(c) Administration and coordination of program by

State director; exception.

(d) Appointment and use of advisory committees by

State director, etc.; composition of advisory

committees.

(e) ''State'' defined.

1674. Renewable Resources Extension Program plan.

(a) Preparation and submission to Congress; purposes;

contents.

(b) Considerations governing preparation.

(c) Omitted.

(d) Review of activities and evaluation of progress.

1674a. Expanded programs.

(a) In general.

(b) Activities.

1674b. Sustainable Forestry Outreach Initiative.

1675. Authorization of appropriations; criteria for eligibility of

States for funds.

1676. Issuance of rules and regulations for implementation of

provisions and coordination with agricultural, research,

extension, and teaching provisions.

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

1681. Congressional statement of purpose.

1682. Pilot projects and demonstrations.

(a) Establishment, implementation.

(b) Scope; residue removal credits.

1683. Pilot projects; requirements; residue removal credits as

compensation; implementation guidelines.

1684. Annual reports.

1685. Regulations.

1686. Definitions.

1687. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 472a of this title.

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16 USC SUBCHAPTER I - PLANNING 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

.

-HEAD-

SUBCHAPTER I - PLANNING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 460oo, 460vv-4, 472a,

479a, 497b, 539c, 582a, 670o, 698v-6, 1641, 2101 of this title;

title 23 section 206; title 43 section 1721.

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16 USC Sec. 1600 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1600. Congressional findings

-STATUTE-

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 national 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 anticipated 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

private research programs will promote a sound technical and

ecological base for effective management, use, and protection of

the Nation's renewable resources;

(5) inasmuch as the majority of the Nation's forests and

rangeland 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 principles of sustained yield and multiple

use;

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

for management 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

originally came, and in order to extend our timber and timber

fiber resources 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 materials, and promote and encourage the use of recycled

timber product materials.

-SOURCE-

(Pub. L. 93-378, Sec. 2, as added Pub. L. 94-588, Sec. 2, Oct. 22,

1976, 90 Stat. 2949.)

-REFTEXT-

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 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.

-MISC2-

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 (enacting 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 (enacting 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 (enacting 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 Management 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 person 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 affected thereby.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The National Forest Management Act of 1976 is referred to in

sections 460ll, 460qq, 460vv-4, 460vv-13, 460lll-21, 497b, 539c,

539d, 542d, 544k, 544o, 545b, 620 of this title; title 30 section

1272; title 43 section 1635.

-CITE-

16 USC Sec. 1601 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1601. Renewable Resource Assessment

-STATUTE-

(a) Preparation by Secretary of Agriculture; time of preparation,

updating and contents

In recognition of the vital importance of America's renewable

resources 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 (hereinafter 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

international 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

renewable 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,

regulations, and other factors expected to influence and affect

significantly the use, ownership, and management of forest,

range, and other associated lands; and (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The word ''and'' probably should

not appear.

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

change on the condition of renewable resources on the forests and

rangelands of the United States; and

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

to mitigate the buildup of atmospheric carbon dioxide and reduce

the risk of global climate change, (FOOTNOTE 2)

(FOOTNOTE 2) So in original. The comma probably should be a

period.

(b) Omitted

(c) Contents of Assessments

The Secretary shall report in the 1979 and subsequent Assessments

on:

(1) the additional fiber potential in the National Forest

System including, but not restricted to, forest mortality,

growth, salvage potential, potential increased forest products

sales, economic constraints, alternate markets, contract

considerations, and other multiple use considerations;

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

product wastes in the National Forest System and on other lands,

and of urban wood wastes and wood product recycling, including

recommendations to the Congress for actions which would lead to

increased 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) (FOOTNOTE 3) Public involvement; consultation with governmental

departments and agencies

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

enacted.

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

section, the Secretary shall provide opportunity for public

involvement and shall consult with other interested governmental

departments and agencies.

(d) (FOOTNOTE 3) 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 identify 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

subsection an estimate of the sums necessary to be appropriated, in

addition to the funds available from other sources, to replant and

otherwise 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 Secretary'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 adverse

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

appropriated for the purpose of reforesting and treating lands in

the National 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 National Forest System, including the beneficial or adverse

effects of such uses.

-SOURCE-

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

476; renumbered Sec. 3 and amended Pub. L. 94-588, Sec. 2-4, Oct.

22, 1976, 90 Stat. 2949, 2950; Pub. L. 101-624, title XXIV, Sec.

2408(a), Nov. 28, 1990, 104 Stat. 4061.)

-COD-

CODIFICATION

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

-MISC3-

AMENDMENTS

1990 - Subsec. (a)(5), (6). Pub. L. 101-624 added pars. (5) and

(6).

1976 - Subsecs. (c) to (e). Pub. L. 94-588, Sec. 3, 4, added

subsecs. (c) to (e).

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.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with this subchapter and system activities requiring

coordination and approval under general authorities of this

subchapter with respect to pre-construction, construction, and

initial operation of transportation system for Canadian 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, Sec. 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 Transportation 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.

-MISC5-

PRESIDENTIAL COMMISSION ON STATE AND PRIVATE FORESTS

Section 1245 of title XII of Pub. L. 101-624, as amended by Pub.

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

provided that:

''(a) Establishment. - The President shall establish a Commission

on State and Private Forests (hereafter in this section referred to

as the 'Commission') which shall assess the status of the State and

private forest lands of the United States, the problems affecting

these lands, and the potential contribution of these lands to the

renewable natural resource needs of the United States associated

with their improved management and protection.

''(b) Composition. - The Commission shall be composed of 25

members to be appointed by the President, including Federal, State,

and local officials, timber industry representatives, nonindustrial

private forest landowners, conservationists, and community

leaders. No more than five members shall be appointed from any one

State. Not fewer than 20 members shall be appointed by the

President from nominations submitted by the following Members of

Congress:

''(1) The chairman of the Committee on Agriculture of the House

of Representatives.

''(2) The ranking minority member of the Committee on

Agriculture of the House of Representatives.

''(3) The chairman of the Committee on Agriculture, Nutrition,

and Forestry of the Senate.

''(4) The ranking minority member of the Committee on

Agriculture, Nutrition, and Forestry of the Senate.

''(c) Vacancy. - A vacancy on the Commission shall be filled by

appointment by the President in the manner provided in subsection

(b).

''(d) Chairperson. - The Commission shall elect a chairperson

from among the members of the Commission by a majority vote.

''(e) Meetings. - The Commission shall meet at the call of the

chairperson or a majority of the members of the Commission.

''(f) Duties. -

''(1) Study. - The Commission shall conduct a study that shall

include -

''(A) an assessment using existing inventories of the current

status of the State and private forest lands of the United

States, including -

''(i) ownership status and past and future trends;

''(ii) the production of timber and nontimber resources

from such lands; and

''(iii) landowner attitudes toward the protection and

management of these lands;

''(B) a review of the problems affecting the State and

private forest lands of the United States, including -

''(i) resource losses to insects, disease, fire, and

damaging weather;

''(ii) inadequate reforestation;

''(iii) fragmentation and conversion of the forest land

base; and

''(iv) management options;

''(C) constraints on, and opportunities for, providing

multiresource outputs from forest lands;

''(D) administrative and legislative recommendations for

addressing the problems and capitalizing on the potential of

these lands for contributing to the renewable natural resource

needs of the United States.

''(2) Findings and recommendations. - On the basis of its

study, the Commission shall make findings and develop

recommendations for consideration by the President with respect

to the future demands placed on State and private forests in

meeting both commodity and noncommodity needs of the United

States in anticipation of impending changes in the management of

the national forests, especially with regard to timber harvest.

This assessment should focus on the role of State and private

forest lands and help to identify means of improving their

contribution to meeting the timber and nontimber needs of the

United States.

''(3) Report. - The Commission shall submit to the President,

not later than December 1, 1992, a report containing its findings

and recommendations. The President shall submit the report to

the Committee on Agriculture of the House of Representatives and

the Committee on Agriculture, Nutrition, and Forestry of the

Senate, and the report is authorized to be printed as a House

Document.

''(g) Operations in General. -

''(1) Agency cooperation. - The heads of executive agencies,

the General Accounting Office, the Office of Technology

Assessment, and the Congressional Budget Office shall cooperate

with the Commission.

''(2) Compensation. - Members of the Commission shall serve

without compensation for work on the Commission. While away from

their homes or regular places of business in the performance of

duties of the Commission, members of the Commission shall be

allowed travel expenses, including per diem in lieu of

subsistence, as authorized by law for persons serving

intermittently in the Government service under section 5703 of

title 5 of the United States Code.

''(3) Director. - To the extent there are sufficient funds

available to the Commission and subject to such rules as may be

adopted by the Commission, the Commission, without regard to the

provisions of title 5 of the United States Code governing

appointments in the competitive service and without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of such

title relating to the classification and General Schedule pay

rates, may -

''(A) appoint and fix the compensation of a director; and

''(B) appoint and fix the compensation of such additional

personnel as the Commission determines necessary to assist it

to carry out its duties and functions.

''(4) Staff and services. - On the request of the Commission,

the heads of executive agencies, the Comptroller General, and the

Director of the Office of Technology Assessment may furnish the

Commission with such office, personnel or support services as the

head of the agency, or office, and the chairperson of the

Commission agree are necessary to assist the Commission to carry

out its duties and functions. The Commission shall not be

required to pay, or reimburse, any agency for office, personnel

or support services provided by this subsection.

''(5) Exemptions. -

''(A) FACA. - The Commission shall be exempt from sections

7(d), 10(e), 10(f), and 14 of the Federal Advisory Committee

Act (5 U.S.C. App. 1 et seq.).

''(B) Title 5. - The Commission shall be exempt from the

requirements of sections 4301 through 4305 of title 5 of the

United States Code.

''(h) Authorization of Appropriations and Spending Authority. -

''(1) Authorization of appropriations. - There is authorized to

be appropriated such sums as are necessary to implement this

section.

''(2) Spending authority. - Any spending authority (as defined

in section 401 of the Congressional Budget Act of 1974 (2 U.S.C.

651)) provided in this title (see Short Title of 1990 Amendment

note set out under section 2101 of this title) shall be effective

for any fiscal year only to such extent or in such amounts as are

provided in appropriation Acts.

''(i) Termination. - The Presidential Commission on State and

Private Forests shall cease to exist 90 days following the

submission of its report to the President.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1606, 1606a, 1642, 1674,

1675, 2105 of this title; title 7 section 3121.

-CITE-

16 USC Sec. 1602 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1602. Renewable Resource Program; preparation by Secretary of

Agriculture and transmittal to President; purpose and

development of program; time of preparation, updating and

contents

-STATUTE-

In order to provide for periodic review of programs for

management and administration of the National Forest System, for

research, for cooperative State and private Forest Service

programs, and for conduct of other Forest Service activities in

relation to the findings of the Assessment, the Secretary of

Agriculture, utilizing information available to the Forest Service

and other agencies within the Department of Agriculture, 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

provide in appropriate detail for protection, management, and

development of the National Forest System, including forest

development roads and trails; for cooperative Forest Service

programs; and for research. 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 Program shall include, but not be limited to -

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

public and private program investments. The inventory shall

differentiate 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 benefits 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

implement 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

rangeland to participate in programs to improve and enhance the

condition of the land and the renewable resource products

therefrom;

(C) recognize the fundamental need to protect and, where

appropriate, 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 geographic ranges of species, and on forest and rangeland

products.

-SOURCE-

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

477, renumbered Sec. 4 and amended Pub. L. 94-588, Sec. 2, 5, Oct.

22, 1976, 90 Stat. 2949, 2951; Pub. L. 101-624, title XXIV, Sec.

2408(b), Nov. 28, 1990, 104 Stat. 4061.)

-REFTEXT-

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 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

text, 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 section 4321 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1990 - Par. (5)(F). Pub. L. 101-624 added subpar. (F).

1976 - Par. (4). Pub. L. 94-588 substituted ''implement and

monitor'' for ''satisfy''.

Par. (5). Pub. L. 94-588 added par. (5).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460bbb-1, 460bbb-7, 1604,

1606 of this title; title 7 section 3121.

-CITE-

16 USC Sec. 1603 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1603. National Forest System resource inventories;

development, maintenance, and updating by Secretary of

Agriculture as part of Assessment

-STATUTE-

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

develop and maintain on a continuing basis a comprehensive and

appropriately detailed inventory of all National Forest System

lands and renewable resources. This inventory shall be kept

current so as to reflect changes in conditions and identify new and

emerging resources and values.

-SOURCE-

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

477, renumbered Sec. 5, Pub. L. 94-588, Sec. 2, Oct. 22, 1976, 90

Stat. 2949.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 1903.

-CITE-

16 USC Sec. 1604 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1604. National Forest System land and resource management

plans

-STATUTE-

(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 appropriate, revise land and resource management plans for units

of the National Forest System, coordinated with the land and

resource management 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

consideration of physical, biological, economic, and other

sciences.

(c) Incorporation of standards and guidelines by Secretary; time of

completion; progress reports; existing management plans

The Secretary shall begin to incorporate the standards and

guidelines required by this section in plans for units of the

National Forest System as soon as practicable after October 22,

1976, and shall attempt 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

development, 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 processes 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

National Forest System pursuant to this section, the Secretary

shall assure 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 particular, 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 ''sustained yield'' as provided in the

Multiple-Use Sustained-Yield Act of 1960, and the availability of

lands and their suitability for resource 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 required 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

proportion of probable methods of timber harvest within the unit

necessary to fulfill the plan;

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

prepare its plan based on inventories of the applicable resources

of the forest;

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

after public notice, and, if such amendment would result in a

significant change in such plan, in accordance with the

provisions of subsections (e) and (f) of this section and public

involvement comparable 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

subsections (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 resource management;

(B) provide for obtaining inventory data on the various

renewable resources, and soil and water, including pertinent

maps, graphic material, and explanatory aids; and

(C) provide for methods to identify special conditions or

situations involving hazards to the various resources and their

relationship 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

wilderness), 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 section, provide, where appropriate,

to the degree practicable, for steps to be taken to preserve

the diversity of tree species similar to that existing in the

region controlled by the plan;

(C) insure research on and (based on continuous monitoring

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

management 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 implemented or funds are not received to permit

such practices to continue 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

irreversibly damaged;

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

restocked within five years after harvest;

(iii) protection is provided for streams, streambanks,

shorelines, lakes, wetlands, and other bodies of water from

detrimental 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

primarily because it will give the greatest dollar return or

the greatest unit output of timber; and

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

cutting, and other cuts designed to regenerate an evenaged

stand of timber will be used as a cutting method on National

Forest System lands only where -

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

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

appropriate, to meet the objectives and requirements of the

relevant land management plan;

(ii) the interdisciplinary review as determined by the

Secretary has been completed and the potential environmental,

biological, esthetic, engineering, and economic impacts on

each advertised sale area have been assessed, as well as the

consistency 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,

forest 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 officer one level above the Forest Service

officer who normally would approve the harvest proposal:

Provided, That such limits 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 esthetic 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 committee shall provide scientific and technical advice and

counsel on proposed guidelines and procedures to assure that an

effective interdisciplinary approach is proposed and adopted. The

committee shall terminate upon promulgation of the regulations, but

the Secretary may, from time to time, appoint similar committees

when considering revisions of the regulations. The views of the

committees shall be included in the public information supplied

when the regulations are proposed for adoption.

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

discharge the duties of the committee, shall be provided from the

personnel 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

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, contracts,

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

notification 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 necessitated 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 reforestation purposes,

particularly with regard to the protection of other multiple-use

values. The Secretary shall review his decision to classify 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 (FOOTNOTE 1) costs and benefits to

support the program evaluation requirements of this subchapter.

This process shall include requirements to provide information on

a representative sample basis of estimated expenditures

associated with the reforestation, timber stand improvement, and

sale of timber from the National Forest System, and shall provide

a comparison of these expenditures to the return to the

Government resulting from the sale of timber; and

(FOOTNOTE 1) So in original. Probably should be ''long-term''.

(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 estimated expenditures for such timber as determined by

the above cost process; and (FOOTNOTE 2)

(FOOTNOTE 2) So in original. The ''; and'' probably should be a

period.

(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

species of trees in management units after consideration has been

given to the multiple uses of the forest including, but not

limited to, recreation, wildlife habitat, and range and after

completion of public participation processes utilizing the

procedures of subsection (d) of this section.

-SOURCE-

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

477, renumbered Sec. 6 and amended Pub. L. 94-588, Sec. 2, 6,

12(a), Oct. 22, 1976, 90 Stat. 2949, 2952, 2958.)

-REFTEXT-

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 generally 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 section 4321 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-588, Sec. 12(a), substituted

''section 4'' for ''section 3'' in the original, which, because of

the translation as ''section 1602 of this title'' required no

change in text.

Subsecs. (c) to (m). Pub. L. 94-588, Sec. 6, added subsecs. (c)

to (m).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-MISC5-

REVISION OF FOREST PLANS

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

provided that: ''Prior to October 1, 2002, 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 Forest System. Nothing in this section

exempts the Secretary from any other requirement 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

expeditiously 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 basis.''

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 Forest Service, and the Bureau of

Land Management under separate authority, may continue the

management of lands within their jurisdiction under existing land

and resource 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

entirety is outdated, or in the case of the Bureau of Land

Management, solely on the basis that the plan does not incorporate

information available subsequent to the completion 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. 99-500, Sec. 101(h) (title II), Oct. 18, 1986, 100 Stat.

1783-242, 1783-268, and Pub. L. 99-591, Sec. 101(h) (title II),

Oct. 30, 1986, 100 Stat. 3341-242, 3341-268.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460oo, 460vv-4, 460hhh-4,

460jjj-1, 539d, 542d, 545a, 546a-1, 1611 of this title; title 42

section 8855; title 43 section 1752.

-CITE-

16 USC Sec. 1605 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1605. 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.

-STATUTE-

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

protection, use, and management of renewable resources on

non-Federal land.

-SOURCE-

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

478, renumbered Sec. 7, Pub. L. 94-588, Sec. 2, Oct. 22, 1976, 90

Stat. 2949.)

-CITE-

16 USC Sec. 1606 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1606. Budget requests by President for Forest Service

activities

-STATUTE-

(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

following 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 section 1602 of this title,

together with a detailed Statement of Policy intended 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

already 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 calendar 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 Policy, either House adopts a resolution

reported by the appropriate committee 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 subchapter,

Congress may revise or modify the Statement of Policy transmitted

by the President, and the revised or modified Statement of Policy

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

governing Forest Service activities shall express in qualitative

and quantitative terms the extent to which the programs and

policies projected under the budget meet the policies approved by

the Congress in accordance with subsection (a) of this section. In

any case in which such budget so presented recommends a course

which fails to meet the policies 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 expended in

accordance with the Congressional Budget and Impoundment Control

Act of 1974.

(c) Annual evaluation report to Congress of Program 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 Program 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 report 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 cooperative State and

private Forest Service programs. With regard to the cooperative

forestry assistance part of the Program, the report shall include,

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

accomplishments, needs, and work backlogs for the programs and

activities conducted 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

implementing the Program required to be prepared by section 1602 of

this title, together with accomplishments of the Program as they

relate to the objectives of the Assessment. Objectives should be

set forth in qualitative 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. Program benefits shall include, but

not be limited to, environmental quality factors such as esthetics,

public access, wildlife habitat, recreational 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.

-SOURCE-

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

478, renumbered Sec. 8 and amended Pub. L. 94-588, Sec. 2, 7,

12(b), Oct. 22, 1976, 90 Stat. 2949, 2956, 2958; Pub. L. 95-313,

Sec. 15, formerly Sec. 12, July 1, 1978, 92 Stat. 374, renumbered

Sec. 15, Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990,

104 Stat. 3525.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

1978 - Subsec. (c). Pub. L. 95-313 inserted provisions relating

to inclusion in report of findings involving cooperative State and

private Forest Service programs, and provisions relating to scope

of report descriptions involving programs and activities under the

Cooperative Forestry Assistance Act of 1978.

1976 - Subsec. (a). Pub. L. 94-588, Sec. 7(a), 12(b)(1),

substituted ''section 3'' and ''section 4'' for ''section 2'' and

''section 3'', respectively, in the original, which, because of

their translation as ''section 1601 of this title'' and ''section

1602 of this title'' required no change in text, and substituted

''ninety calendar days of continuous session'' for ''sixty days of

continuous session'' and ''ninety-day period'' for ''sixty-day

period''.

Subsec. (c). Pub. L. 94-588, Sec. 7(b), 12(b)(2), substituted

''section 4'' for ''section 3'' in the original which, because of

its translation as ''section 1602 of this title'' required no

change in text and inserted provision requiring that the report

include a description of the status of major research programs,

significant findings, and how such findings will be applied in

National Forest System management.

Subsec. (d). Pub. L. 94-588, Sec. 12(b)(3), substituted ''section

4'' for ''section 3'' in the original which, because of the

translation as ''section 1602 of this title'', required no change

in text.

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 Finance, 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 environmentally 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,

energy, water, soil stability, wildlife and fish, recreation, and

esthetic values.

''(3) the productivity of suitable forested land, in all

ownerships, should be maintained 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 growing 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, consistent 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 adequately 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 efforts 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 Federal 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 private 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 (including cooperative

research), extension, cooperative forestry assistance and

protection, and improved management of the forest and rangelands.

The Secretary of Agriculture shall continue his efforts to evaluate

the cost-effectiveness of the renewable 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 Congress has

adequate information to implement its oversight responsibilities

and to provide accountability for expenditures and activities under

the Cooperative Forestry 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1601, 1604, 1684, 2106b

of this title.

-CITE-

16 USC Sec. 1606a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1606a. Reforestation Trust Fund

-STATUTE-

(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 section 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

under paragraph (1) shall be transferred at least quarterly from

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

estimates 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.

(c) Report to Congress; printing as House and Senate 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 fiscal 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

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

required to meet current withdrawals. Such investments may be made

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

obligations 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 obligations 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 Treasury

determines that the purchase of other interest-bearing obligations

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.

(C) The interest on, and the proceeds from the sale or redemption

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

(including 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

activities 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

Government for the activities specified above.

-SOURCE-

(Pub. L. 96-451, title III, Sec. 303, Oct. 14, 1980, 94 Stat. 1991;

Pub. L. 97-424, title IV, Sec. 422, Jan. 6, 1983, 96 Stat. 2164;

Pub. L. 99-190, Sec. 101(d) (title II, Sec. 201), Dec. 19, 1985, 99

Stat. 1224, 1245; Pub. L. 100-418, title I, Sec. 1214(r), Aug. 23,

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

1997, 111 Stat. 1596.)

-REFTEXT-

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.

-COD-

CODIFICATION

Section was not enacted as part of the Forest and Rangeland

Renewable Resources 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.

-MISC3-

AMENDMENTS

1997 - Subsec. (d)(1). Pub. L. 105-83 inserted before semicolon

''and other forest stand improvement activities to enhance forest

health and reduce hazardous fuel loads of forest stands in the

National Forest System''.

1988 - Subsec. (b)(1). Pub. L. 100-418 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''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 September 30, 1979, under

subparts A and B of part 1 of schedule 2 of the Tariff Schedules of

the United States (19 U.S.C. 1202) and under part 3 of such

schedule.''

1985 - Subsec. (d). Pub. L. 99-190 amended subsec. (d) generally,

substituting provisions authorizing the Secretary to obligate

available sums in the Trust Fund, for provisions requiring the

Secretary to expend all available amounts in each of fiscal years

1983, 1984, and 1985.

Subsec. (e). Pub. L. 99-190 struck out subsec. (e) which related

to sense of Congress with respect to disposition of unexpended

funds.

1983 - Subsec. (b)(1). Pub. L. 97-424, Sec. 422(b), struck out

''and before October 1, 1985,'' after ''September 30, 1979''.

Subsec. (d). Pub. L. 97-424, Sec. 422(a), substituted provisions

relating to fiscal years 1983 through 1985 for provision that

directed that for each of the first 5 fiscal years beginning after

Sept. 30, 1980, there was authorized after that date to be

appropriated to the Secretary of Agriculture, out of any amounts in

the Trust Fund, an amount equal to the sum of the amount by which

the sum estimated by the Secretary of Agriculture for the fiscal

year under section 1601(d)(2) of this title to be necessary for

reforestation and other treatment of acreage, as set forth in the

report transmitted by the Secretary to the Congress under that

section for the fiscal year, exceeded the sum of the amounts

appropriated for the fiscal year under the authorization contained

in section 1601(d)(3) of this title and under any other provision

of law to carry out the same purpose; and such sums as were

determined by the Secretary of Agriculture to be properly allocable

to administrative costs of the Federal Government incurred for the

fiscal year in connection with the reforestation program carried

out under this chapter.

Subsec. (e). Pub. L. 97-424, Sec. 422(a), substituted provision

that it is the intent of Congress that the Secretary expend all of

the funds available in the Trust Fund in each fiscal year and that

any such funds which are not expended in a given fiscal year remain

available for expenditure without fiscal year limitation; except

that any funds not expended prior to Oct. 1, 1985, shall, no later

than Apr. 30, 1986, be distributed to the States for use in State

forestry programs pursuant to the formula set forth in section 500

of this title for provision that the Secretary of the Treasury pay

into the general fund of the Treasury any amounts, including

interest earned on such amounts, remaining in the Trust Fund after

Sept. 30, 1985, which were not expended and remained in the Trust

Fund.

EFFECTIVE DATE OF 1988 AMENDMENT

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

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 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 Finance, and page 143 of

House Document No. 103-7.

-CITE-

16 USC Sec. 1607 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1607. 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

-STATUTE-

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 basis 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

requests 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 environmental benefits to be secured from

their treatment, or (3) the total supplies 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.

-SOURCE-

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

479, renumbered Sec. 9, Pub. L. 94-588, Sec. 2, Oct. 22, 1976, 90

Stat. 2949.)

-REFTEXT-

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 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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1601 of this title.

-CITE-

16 USC Sec. 1608 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1608. National Forest Transportation System

-STATUTE-

(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 maintenance of the transportation system

should be such as to enhance local, regional, and national

benefits: Provided, That limitations on the level of obligations

for construction of forest roads by timber purchasers 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 vegetative 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 determined that the road

is needed for use as a part of the National Forest Transportation

System.

(c) Standards of roadway construction

Roads constructed on National Forest System lands shall be

designed to standards appropriate for the intended uses,

considering safety, cost of transportation, and impacts on land and

resources.

-SOURCE-

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

479, renumbered Sec. 10 and amended Pub. L. 94-588, Sec. 2, 8, Oct.

22, 1976, 90 Stat. 2949, 2956; Pub. L. 97-100, title II, Sec. 201,

Dec. 23, 1981, 95 Stat. 1405.)

-MISC1-

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-100 substituted ''Provided, That

limitations on the level of obligations for construction of forest

roads by timber purchasers shall be established in annual

appropriation Acts'' for '', except that the financing of forest

development roads as authorized by clause (2) of section 535 of

this title, shall be deemed 'budget authority' and 'budget outlays'

as those terms are defined in section 1302(a) of title 31, and

shall be effective for any fiscal year only in the manner required

for new spending authority as specified by section 1351(a) of title

31''.

1976 - Pub. L. 94-588, Sec. 8, designated existing provisions as

subsec. (a) and added subsecs. (b) and (c).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-MISC5-

COUNTY PAYMENT MITIGATION; TRANSPORTATION SYSTEM MORATORIUM

Pub. L. 105-174, title III, Sec. 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 discretion, may offer any timber sales that were

scheduled October 1, 1997, or thereafter, 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

Federal 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 subsection (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 subsection (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

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

''(2)(A) The Chief shall pay as soon as practicable after fiscal

year 1998 and fiscal 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 occurred, 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 substitute projects authorized pursuant to subsection

(b)(1).

''(B) After reporting the amount of funds required to make any

payments required 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 earmarked 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 resource management plans compel or encourage entry into

roadless areas within the National Forest System for the purpose

of constructing roads or undertaking 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 effects of the moratorium referred to in subsection (a)(2)

on county, State, and regional levels.''

-CITE-

16 USC Sec. 1609 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1609. National Forest System

-STATUTE-

(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 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 generations, and that it is the purpose of

this section to include all such areas into one integral system.

The ''National Forest System'' shall include 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 Service 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 (FOOTNOTE 1) of this title, or any act

supplementary to and amendatory thereof, shall be returned to the

public domain except by an act of Congress.

(FOOTNOTE 1) See References in Text note below.

(b) Location of Forest Service offices

The on-the-ground field offices, field supervisory offices, and

regional 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 2204b-1(b) of title 7.

-SOURCE-

(Pub. L. 93-378, Sec. 11, formerly Sec. 10, Aug. 17, 1974, 88 Stat.

480, renumbered Sec. 11 and amended Pub. L. 94-588, Sec. 2, 9, Oct.

22, 1976, 90 Stat. 2949, 2957.)

-REFTEXT-

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.)

-MISC2-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-588, Sec. 9, prohibited the return

to the public domain of land reserved or withdrawn from the public

domain as national forests pursuant to section 471 of this title

except by an act of Congress.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-MISC5-

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 replace 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460hhh, 5207 of this

title; title 42 section 8401.

-CITE-

16 USC Sec. 1610 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1610. Implementation of provisions by Secretary of

Agriculture; utilization of information and data of other

organizations; avoidance of duplication of planning, etc.;

''renewable resources'' defined

-STATUTE-

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 resource assessment and program planning efforts of

other Federal agencies. The term ''renewable resources'' shall be

construed to involve 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.

-SOURCE-

(Pub. L. 93-378, Sec. 12, formerly Sec. 11, Aug. 17, 1974, 88 Stat.

480, renumbered Sec. 12 and amended Pub. L. 94-588, Sec. 2, 10,

Oct. 22, 1976, 90 Stat. 2949, 2957.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-588, Sec. 10, inserted ''and on the date of

enactment of any legislation amendatory or supplementary thereto''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-CITE-

16 USC Sec. 1611 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1611. Timber

-STATUTE-

(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 objectives, the Secretary may establish an allowable

sale quantity for any decade which departs from the projected

long-term average sale quantity that would otherwise be

established: Provided further, That any such planned departure must

be consistent with the multiple-use management 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 decade, the

Secretary may sell a quantity in excess of the annual allowable

sale quantity established pursuant to this section in the case of

any national 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 substantially 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.

-SOURCE-

(Pub. L. 93-378, Sec. 13, as added Pub. L. 94-588, Sec. 11, Oct.

22, 1976, 90 Stat. 2957.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-MISC5-

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 establish 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 governments 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 revenues received from such

sales on lands within the National Forest System and the total

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 local 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 required 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 Appropriations

for Disaster Assistance and Rescissions Act (probably means

section 2001(a)(3) of Pub. L. 104-19, set out below), which -

''(i) are situated on lands within the National Forest System

and lands administered 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 include expenditures for Forest Service activities

within the forest land management budget line item and associated

timber roads, and Bureau of Land Management activities within the

Oregon and California grant lands account and the forestry

management area account, as determined by the Secretary concerned.

''(c) Revenues received from any timber sale prepared under

subsection (b) or under 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 projects 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 concerned 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 Forest 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 section shall comply with all applicable environmental

and natural resource laws and regulations.

''(f) The Secretary concerned shall report annually to the

Committees on Appropriations of the United States Senate and the

House of Representatives on expenditures 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 that:

''(a) Definitions. - For purposes of this section:

''(1) The term 'appropriate committees of Congress' means the

Committee on Resources, the Committee on Agriculture, and the

Committee on Appropriations of the House of Representatives and

the Committee on Energy and Natural Resources, the Committee on

Agriculture, Nutrition, and Forestry, and the Committee on

Appropriations of the Senate.

''(2) The term 'emergency period' means the period beginning on

the date of the enactment of this section (July 27, 1995) and

ending on December 31, 1996.

''(3) The term 'salvage timber sale' means a timber sale for

which an important reason for entry includes the removal of

disease- or insect-infested trees, dead, damaged, or down trees,

or trees affected by fire or imminently susceptible to fire or

insect attack. Such term also includes the removal of associated

trees or trees lacking the characteristics of a healthy and

viable ecosystem for the purpose of ecosystem improvement or

rehabilitation, except that any such sale must include an

identifiable salvage component of trees described in the first

sentence.

''(4) The term 'Secretary concerned' means -

''(A) the Secretary of Agriculture, with respect to lands

within the National Forest System; and

''(B) the Secretary of the Interior, with respect to Federal

lands under the jurisdiction of the Bureau of Land Management.

''(b) Completion of Salvage Timber Sales. -

''(1) Salvage timber sales. - Using the expedited procedures

provided in subsection (c), the Secretary concerned shall

prepare, advertise, offer, and award contracts during the

emergency period for salvage timber sales from Federal lands

described in subsection (a)(4). During the emergency period, the

Secretary concerned is to achieve, to the maximum extent

feasible, a salvage timber sale volume level above the programmed

level to reduce the backlogged volume of salvage timber. The

preparation, advertisement, offering, and awarding of such

contracts shall be performed utilizing subsection (c) and

notwithstanding any other provision of law, including a law under

the authority of which any judicial order may be outstanding on

or after the date of the enactment of this Act (July 27, 1995).

''(2) Use of salvage sale funds. - To conduct salvage timber

sales under this subsection, the Secretary concerned may use

salvage sale funds otherwise available to the Secretary

concerned.

''(3) Sales in preparation. - Any salvage timber sale in

preparation on the date of the enactment of this Act shall be

subject to the provisions of this section.

''(c) Expedited Procedures for Emergency Salvage Timber Sales. -

''(1) Sale documentation. -

''(A) Preparation. - For each salvage timber sale conducted

under subsection (b), the Secretary concerned shall prepare a

document that combines an environmental assessment under

section 102(2) of the National Environmental Policy Act of 1969

(42 U.S.C. 4332(2)) (including regulations implementing such

section) and a biological evaluation under section 7(a)(2) of

the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) and

other applicable Federal law and implementing regulations. A

document embodying decisions relating to salvage timber sales

proposed under authority of this section shall, at the sole

discretion of the Secretary concerned and to the extent the

Secretary concerned considers appropriate and feasible,

consider the environmental effects of the salvage timber sale

and the effect, if any, on threatened or endangered species,

and to the extent the Secretary concerned, at his sole

discretion, considers appropriate and feasible, be consistent

with any standards and guidelines from the management plans

applicable to the National Forest or Bureau of Land Management

District on which the salvage timber sale occurs.

''(B) Use of existing materials. - In lieu of preparing a new

document under this paragraph, the Secretary concerned may use

a document prepared pursuant to the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.) before the date of

the enactment of this Act (July 27, 1995), a biological

evaluation written before such date, or information collected

for such a document or evaluation if the document, evaluation,

or information applies to the Federal lands covered by the

proposed sale.

''(C) Scope and content. - The scope and content of the

documentation and information prepared, considered, and relied

on under this paragraph is at the sole discretion of the

Secretary concerned.

''(2) Reporting requirements. - Not later than August 30, 1995,

the Secretary concerned shall submit a report to the appropriate

committees of Congress on the implementation of this section.

The report shall be updated and resubmitted to the appropriate

committees of Congress every six months thereafter until the

completion of all salvage timber sales conducted under subsection

(b). Each report shall contain the following:

''(A) The volume of salvage timber sales sold and harvested,

as of the date of the report, for each National Forest and each

district of the Bureau of Land Management.

''(B) The available salvage volume contained in each National

Forest and each district of the Bureau of Land Management.

''(C) A plan and schedule for an enhanced salvage timber sale

program for fiscal years 1995, 1996, and 1997 using the

authority provided by this section for salvage timber sales.

''(D) A description of any needed resources and personnel,

including personnel reassignments, required to conduct an

enhanced salvage timber sale program through fiscal year 1997.

''(E) A statement of the intentions of the Secretary

concerned with respect to the salvage timber sale volume levels

specified in the joint explanatory statement of managers

accompanying the conference report on H.R. 1158, House Report

104-124.

''(3) Advancement of sales authorized. - The Secretary

concerned may begin salvage timber sales under subsection (b)

intended for a subsequent fiscal year before the start of such

fiscal year if the Secretary concerned determines that

performance of such salvage timber sales will not interfere with

salvage timber sales intended for a preceding fiscal year.

''(4) Decisions. - The Secretary concerned shall design and

select the specific salvage timber sales to be offered under

subsection (b) on the basis of the analysis contained in the

document or documents prepared pursuant to paragraph (1) to

achieve, to the maximum extent feasible, a salvage timber sale

volume level above the program level.

''(5) Sale preparation. -

''(A) Use of available authorities. - The Secretary concerned

shall make use of all available authority, including the

employment of private contractors and the use of expedited fire

contracting procedures, to prepare and advertise salvage timber

sales under subsection (b).

''(B) Exemptions. - The preparation, solicitation, and award

of salvage timber sales under subsection (b) shall be exempt

from -

''(i) the requirements of the Competition in Contracting

Act (of 1984) (41 U.S.C. 253 et seq.) and the implementing

regulations in the Federal Acquisition Regulation issued

pursuant to section 25(c) of the Office of Federal

Procurement Policy Act (41 U.S.C. 421(c)) and any

departmental acquisition regulations; and

''(ii) the notice and publication requirements in section

18 of such Act (41 U.S.C. 416) and (section) 8(e) of the

Small Business Act (15 U.S.C. 637(e)) and the implementing

regulations in the Federal Acquisition Regulations and any

departmental acquisition regulations.

''(C) Incentive payment recipients; report. - The provisions

of section 3(d)(1) of the Federal Workforce Restructuring Act

of 1994 (Public Law 103-226; 5 U.S.C. 5597 note) shall not

apply to any former employee of the Secretary concerned who

received a voluntary separation incentive payment authorized by

such Act (Pub. L. 103-226, see Short Title of 1994 Amendment

note set out under section 2101 of Title 5, Government

Organization and Employees) and accepts employment pursuant to

this paragraph. The Director of the Office of Personnel

Management and the Secretary concerned shall provide a summary

report to the appropriate committees of Congress, the Committee

on Government Reform and Oversight (now Committee on Government

Reform) of the House of Representatives, and the Committee on

Governmental Affairs of the Senate regarding the number of

incentive payment recipients who were rehired, their terms of

reemployment, their job classifications, and an explanation, in

the judgment of the agencies involved of how such reemployment

without repayment of the incentive payments received is

consistent with the original waiver provisions of such Act.

This report shall not be conducted in a manner that would delay

the rehiring of any former employees under this paragraph, or

affect the normal confidentiality of Federal employees.

''(6) Cost considerations. - Salvage timber sales undertaken

pursuant to this section shall not be precluded because the costs

of such activities are likely to exceed the revenues derived from

such activities.

''(7) Effect of salvage sales. - The Secretary concerned shall

not substitute salvage timber sales conducted under subsection

(b) for planned non-salvage timber sales.

''(8) Reforestation of salvage timber sale parcels. - The

Secretary concerned shall plan and implement reforestation of

each parcel of land harvested under a salvage timber sale

conducted under subsection (b) as expeditiously as possible after

completion of the harvest on the parcel, but in no case later

than any applicable restocking period required by law or

regulation.

''(9) Effect on judicial decisions. - The Secretary concerned

may conduct salvage timber sales under subsection (b)

notwithstanding any decision, restraining order, or injunction

issued by a United States court before the date of the enactment

of this section (July 27, 1995).

''(d) Direction To Complete Timber Sales on Lands Covered by

Option 9. - Notwithstanding any other law (including a law under

the authority of which any judicial order may be outstanding on or

after the date of enactment of this Act (July 27, 1995)), the

Secretary concerned shall expeditiously prepare, offer, and award

timber sale contracts on Federal lands described in the 'Record of

Decision for Amendments to Forest Service and Bureau of Land

Management Planning Documents Within the Range of the Northern

Spotted Owl', signed by the Secretary of the Interior and the

Secretary of Agriculture on April 13, 1994. The Secretary concerned

may conduct timber sales under this subsection notwithstanding any

decision, restraining order, or injunction issued by a United

States court before the date of the enactment of this section. The

issuance of any regulation pursuant to section 4(d) of the

Endangered Species Act of 1973 (16 U.S.C. 1533(d)) to ease or

reduce restrictions on non-Federal lands within the range of the

northern spotted owl shall be deemed to satisfy the requirements of

section 102(2)(C) of the National Environmental Policy Act of 1969

(42 U.S.C. 4332(2)(C)), given the analysis included in the Final

Supplemental Impact Statement on the Management of the Habitat for

Late Successional and Old Growth Forest Related Species Within the

Range of the Northern Spotted Owl, prepared by the Secretary of

Agriculture and the Secretary of the Interior in 1994, which is, or

may be, incorporated by reference in the administrative record of

any such regulation. The issuance of any such regulation pursuant

to section 4(d) of the Endangered Species Act of 1973 (16 U.S.C.

1533(d)) shall not require the preparation of an environmental

impact statement under section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

''(e) Administrative Review. - Salvage timber sales conducted

under subsection (b), timber sales conducted under subsection (d),

and any decision of the Secretary concerned in connection with such

sales, shall not be subject to administrative review.

''(f) Judicial Review. -

''(1) Place and time of filing. - A salvage timber sale to be

conducted under subsection (b), and a timber sale to be conducted

under subsection (d), shall be subject to judicial review only in

the United States district court for the district in which the

affected Federal lands are located. Any challenge to such sale

must be filed in such district court within 15 days after the

date of initial advertisement of the challenged sale. The

Secretary concerned may not agree to, and a court may not grant,

a waiver of the requirements of this paragraph.

''(2) Effect of filing on agency action. - For 45 days after

the date of the filing of a challenge to a salvage timber sale to

be conducted under subsection (b) or a timber sale to be

conducted under subsection (d), the Secretary concerned shall

take no action to award the challenged sale.

''(3) Prohibition on restraining orders, preliminary

injunctions, and relief pending review. - No restraining order,

preliminary injunction, or injunction pending appeal shall be

issued by any court of the United States with respect to any

decision to prepare, advertise, offer, award, or operate a

salvage timber sale pursuant to subsection (b) or any decision to

prepare, advertise, offer, award, or operate a timber sale

pursuant to subsection (d). Section 705 of title 5, United States

Code, shall not apply to any challenge to such a sale.

''(4) Standard of review. - The courts shall have authority to

enjoin permanently, order modification of, or void an individual

salvage timber sale if it is determined by a review of the record

that the decision to prepare, advertise, offer, award, or operate

such sale was arbitrary and capricious or otherwise not in

accordance with applicable law (other than those laws specified

in subsection (i)).

''(5) Time for decision. - Civil actions filed under this

subsection shall be assigned for hearing at the earliest possible

date. The court shall render its final decision relative to any

challenge within 45 days from the date such challenge is brought,

unless the court determines that a longer period of time is

required to satisfy the requirement of the United States

Constitution. In order to reach a decision within 45 days, the

district court may assign all or part of any such case or cases

to one or more Special Masters, for prompt review and

recommendations to the court.

''(6) Procedures. - Notwithstanding any other provision of law,

the court may set rules governing the procedures of any

proceeding brought under this subsection which set page limits on

briefs and time limits on filing briefs and motions and other

actions which are shorter than the limits specified in the

Federal rules of civil or appellate procedure.

''(7) Appeal. - Any appeal from the final decision of a

district court in an action brought pursuant to this subsection

shall be filed not later than 30 days after the date of decision.

''(g) Exclusion of Certain Federal Lands. -

''(1) Exclusion. - The Secretary concerned may not select,

authorize, or undertake any salvage timber sale under subsection

(b) with respect to lands described in paragraph (2).

''(2) Description of excluded lands. - The lands referred to in

paragraph (1) are as follows:

''(A) Any area on Federal lands included in the National

Wilderness Preservation System.

''(B) Any roadless area on Federal lands designated by

Congress for wilderness study in Colorado or Montana.

''(C) Any roadless area on Federal lands recommended by the

Forest Service or Bureau of Land Management for wilderness

designation in its most recent land management plan in effect

as of the date of the enactment of this Act (July 27, 1995).

''(D) Any area on Federal lands on which timber harvesting

for any purpose is prohibited by statute.

''(h) Rulemaking. - The Secretary concerned is not required to

issue formal rules under section 553 of title 5, United States

Code, to implement this section or carry out the authorities

provided by this section.

''(i) Effect on Other Laws. - The documents and procedures

required by this section for the preparation, advertisement,

offering, awarding, and operation of any salvage timber sale

subject to subsection (b) and any timber sale under subsection (d)

shall be deemed to satisfy the requirements of the following

applicable Federal laws (and regulations implementing such laws):

''(1) The Forest and Rangeland Renewable Resources Planning Act

of 1974 (16 U.S.C. 1600 et seq.).

''(2) The Federal Land Policy and Management Act of 1976 (43

U.S.C. 1701 et seq.).

''(3) The National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.).

''(4) The Endangered Species Act of 1973 (16 U.S.C. 1531 et

seq.).

''(5) The National Forest Management Act of 1976 (16 U.S.C.

472a et seq.) (Pub. L. 94-588, see Short Title of 1976 Amendment

note set out under section 1600 of this title).

''(6) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.

528 et seq.).

''(7) Any compact, executive agreement, convention, treaty, and

international agreement, and implementing legislation related

thereto.

''(8) All other applicable Federal environmental and natural

resource laws.

''(j) Expiration Date. - The authority provided by subsections

(b) and (d) shall expire on December 31, 1996. The terms and

conditions of this section shall continue in effect with respect to

salvage timber sale contracts offered under subsection (b) and

timber sale contracts offered under subsection (d) until the

completion of performance of the contracts.

''(k) Award and Release of Previously Offered and Unawarded

Timber Sale Contracts. -

''(1) Award and release required. - Notwithstanding any other

provision of law, within 45 days after the date of the enactment

of this Act (July 27, 1995), the Secretary concerned shall act to

award, release, and permit to be completed in fiscal years 1995

and 1996, with no change in originally advertised terms, volumes,

and bid prices, all timber sale contracts offered or awarded

before that date in any unit of the National Forest System or

district of the Bureau of Land Management subject to section 318

of Public Law 101-121 (103 Stat. 745). The return of the bid bond

of the high bidder shall not alter the responsibility of the

Secretary concerned to comply with this paragraph.

''(2) Threatened or endangered bird species. - No sale unit

shall be released or completed under this subsection if any

threatened or endangered bird species is known to be nesting

within the acreage that is the subject of the sale unit.

''(3) Alternative offer in case of delay. - If for any reason a

sale cannot be released and completed under the terms of this

subsection within 45 days after the date of the enactment of this

Act, the Secretary concerned shall provide the purchaser an equal

volume of timber, of like kind and value, which shall be subject

to the terms of the original contract and shall not count against

current allowable sale quantities.

''(l) Effect on Plans, Policies, and Activities. - Compliance

with this section shall not require or permit any administrative

action, including revisions, amendment, consultation,

supplementation, or other action, in or for any land management

plan, standard, guideline, policy, regional guide, or multiforest

plan because of implementation or impacts, site-specific or

cumulative, of activities authorized or required by this section,

except that any such administrative action with respect to salvage

timber sales is permitted to the extent necessary, at the sole

discretion of the Secretary concerned, to meet the salvage timber

sale goal specified in subsection (b)(1) of this section or to

reflect the effects of the salvage program. The Secretary

concerned shall not rely on salvage timber sales as the basis for

administrative action limiting other multiple use activities nor be

required to offer a particular salvage timber sale. No project

decision shall be required to be halted or delayed by such

documents or guidance, implementation, or impacts.''

-CITE-

16 USC Sec. 1612 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1612. Public participation

-STATUTE-

(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 establish 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 standards, criteria, and guidelines

applicable to Forest Service programs.

(b) Advisory boards

In providing for public participation in the planning for and

management 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 necessary to secure full information and advice on the

execution of his responsibilities. The membership of such boards

shall be representative of a cross section of groups interested in

the planning for and management of the National Forest System and

the various types of use and enjoyment of the lands thereof.

-SOURCE-

(Pub. L. 93-378, Sec. 14, as added Pub. L. 94-588, Sec. 11, Oct.

22, 1976, 90 Stat. 2958.)

-REFTEXT-

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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-MISC5-

FOREST SERVICE DECISIONMAKING AND APPEALS REFORM

Pub. L. 102-381, title III, Sec. 322, Oct. 5, 1992, 106 Stat.

1419, 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 (1600) 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 action 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, publishing 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 under

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 decision 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 submission 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 paragraph (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 responsible for deciding the appeal shall then

decide the appeal. The appeals review officer 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 participated 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, provided 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 decision 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).''

-CITE-

16 USC Sec. 1613 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1613. Promulgation of regulations

-STATUTE-

The Secretary of Agriculture shall prescribe such regulations as

he determines necessary and desirable to carry out the provisions

of this subchapter.

-SOURCE-

(Pub. L. 93-378, Sec. 15, as added Pub. L. 94-588, Sec. 11, Oct.

22, 1976, 90 Stat. 2958.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department 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, see note set out under section 1601 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 1989c-6.

-CITE-

16 USC Sec. 1614 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I - PLANNING

-HEAD-

Sec. 1614. Severability

-STATUTE-

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 persons and circumstances shall not be affected

thereby.

-SOURCE-

(Pub. L. 93-378, Sec. 16, as added Pub. L. 94-588, Sec. 11, Oct.

22, 1976, 90 Stat. 2958.)

-CITE-

16 USC SUBCHAPTER II - RESEARCH 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

.

-HEAD-

SUBCHAPTER II - RESEARCH

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1650 of this title.

-CITE-

16 USC Sec. 1641 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1641. Findings and purpose

-STATUTE-

(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

nonindustrial 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

significantly 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 private 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

Government 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 remaining 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 Government 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 investments, 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

direction set forth in the Forest and Rangeland Renewable Resources

Planning Act of 1974 (16 U.S.C. 1600 et seq.).

(c) Purpose

It is the purpose of this subchapter to authorize the Secretary

to expand research activities to encompass international forestry

and natural resource issues on a global scale.

-SOURCE-

(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, renumbered 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.)

-REFTEXT-

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, repealed

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.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-185 inserted section catchline, added subsec.

(a), and struck out former subsec. (a) which read as follows:

''(1) Congress finds that scientific discoveries and

technological advances must be made and applied to support the

protection, management, and utilization of the Nation's renewable

resources. It is the purpose of this subchapter to authorize the

Secretary of Agriculture (hereinafter in this subchapter referred

to as the 'Secretary') to implement a comprehensive program of

forest and rangeland renewable resources research and dissemination

of the findings of such research.

''(2) Congress further finds that the forest and rangeland

renewable resources of the world are threatened by deforestation

due to conversion to agriculture of lands better suited to other

uses, over-grazing, over-harvesting, and other causes that pose a

direct adverse threat to people, the global environment, and the

world economy.''

1990 - Subsecs. (a), (c). Pub. L. 101-513 designated existing

provisions of subsec. (a) as par. (1), added par. (2), and added

subsec. (c).

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.

-CITE-

16 USC Sec. 1642 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1642. Investigations, experiments, tests, and other activities

-STATUTE-

(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 disseminate scientific information about protecting, managing,

and utilizing 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 paragraphs (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 timber, forage, water, fish and wildlife,

esthetics, recreation, wilderness, 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

managing surface and subsurface water flow, preventing and

controlling 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, predicting, 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

appropriate, research activities related to protecting vegetation

and other forest and rangeland resources, including threatened

and endangered 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

appropriate, 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

appropriate, 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.

(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

information 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 requirements 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 Secretary may determine to be fair

and equitable, and cooperate with appropriate 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 analysis of

forest inventory information, for which purposes there are hereby

authorized to be appropriated annually $10,000,000.

(c) Program of research and study relative to health and

productivity of domestic forest ecosystems; advisory committee;

reports

(1) The Secretary, acting through the United States Forest

Service, 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

productivity of domestic forest ecosystems;

(B) determine the scope of the decline in the health and

productivity of domestic forest ecosystems;

(C) accelerate and expand existing research efforts (including

basic forest ecosystem research) to evaluate the effects of

atmospheric pollutants on forest ecosystems and their role in the

decline 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 problems

related to the effects of atmospheric pollution on the health and

productivity of domestic forest ecosystems;

(F) foster cooperation among Federal, State, and private

researchers 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 domestic

forest ecosystems; and

(H) enlarge the Eastern Hardwood Cooperative by devoting

additional resources to field analysis of the response of

hardwood 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 composed of scientists with training and experience in various

disciplines, including atmospheric, ecological, and biological

sciences. Such scientists shall be selected from among individuals

who are actively performing research for Federal or State agencies

or for private industries, institutions, or organizations.

(3) The Secretary shall coordinate the Program with existing

research 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

following the year in which the initial program report is

submitted, the Secretary shall submit an annual report -

(i) updating information about declining health and

productivity 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 efforts

to be undertaken under the Program to determine the effects of

atmospheric pollution on the health and productivity of

domestic forest ecosystems; and

(iv) recommending methods for solving or mitigating problems

stemming from the effects of atmospheric pollution on the

health and productivity of domestic forest ecosystems.

(C) Not later than 10 years after the date on which the initial

program report is submitted, the Secretary shall submit a final

report -

(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 mitigating

problems stemming from the effects of atmospheric pollution 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.

(C) Interactions between humans and forests and rangeland.

(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

Hampshire, New York, or Vermont, the Secretary may cooperate with

the northeastern States of New Hampshire, New York, Maine, and

Vermont, land-grant colleges and universities of those States,

natural resources and forestry schools of those States, other

Federal agencies, and other interested persons in those States to

coordinate and improve ecological and economic research relating

to agricultural research, extension, and education, including -

(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;

(C) technology transfer to the wood products industry of

technologies that promote efficient processing, pollution

prevention, and energy conservation;

(D) dissemination of existing and new information to

landowners, public and private resource managers, State forest

citizen advisory committees, and the general public through

professional associations, publications, and other information

clearinghouse activities; and

(E) analysis of strategies for the protection of areas of

outstanding ecological significance or high biological

diversity, and strategies for the provision of important

recreational opportunities 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 June 23, 1998, the Secretary shall prepare 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

Secretary shall measure annually 20 percent of all sample plots

that are included in the inventory program for that State.

(C) Compilation of inventory

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 often than every 5 full fiscal years after June 23,

1998, 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

(C) contains an analysis of forest health conditions and

trends over the previous 2 decades, with an emphasis on such

conditions and trends during the period subsequent to the

immediately preceding 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

Secretary shall develop, in consultation with State foresters and

Federal land management agencies not under the jurisdiction of

the Secretary, 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

property pursuant to paragraphs (2) and (3).

(6) Strategic plan

Not later than 180 days after June 23, 1998, the Secretary

shall prepare and submit to Congress a strategic plan to

implement and carry out this subsection, including the annual

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

inventorying and analysis in recent appropriations Acts;

(B) the personnel necessary to implement and carry out this

subsection, including any personnel in addition to personnel

currently performing inventorying and analysis functions;

(C) the organization and procedures necessary to implement

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 June 23, 1998;

(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

Secretary 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 subsection, and the subsequent use of the

technologies.

-SOURCE-

(Pub. L. 95-307, Sec. 3, June 30, 1978, 92 Stat. 353; Pub. L.

96-294, title II, Sec. 254, June 30, 1980, 94 Stat. 707; Pub. L.

100-521, Sec. 3, Oct. 24, 1988, 102 Stat. 2601; Pub. L. 101-624,

title XII, Sec. 1241(a), Nov. 28, 1990, 104 Stat. 3544; Pub. L.

105-185, title II, Sec. 253(b), (c), June 23, 1998, 112 Stat. 559;

Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec. 753(a)),

Oct. 21, 1998, 112 Stat. 2681, 2681-32.)

-REFTEXT-

REFERENCES IN TEXT

The Federal revenue codes, referred to in subsec. (d)(2), are

classified generally to Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-185, Sec. 253(b), added subsec.

(d) and struck out former subsec. (d) which read as follows: ''The

Secretary is authorized to conduct, support, and cooperate in

studies and other activities the Secretary deems necessary to -

''(1) evaluate renewable resource management problems

associated with urban-forest interface;

''(2) assess effects of changes in Federal revenue codes on

private forest management and investment; and

''(3) develop improved delivery systems for information and

technical assistance provided to private landowners.''

Subsec. (d)(3). Pub. L. 105-277 substituted ''At the request of

the Governor of the State of Maine, New Hampshire, New York, or

Vermont, the Secretary'' for ''The Secretary''.

Subsec. (e). Pub. L. 105-185, Sec. 253(c), added subsec. (e).

1990 - Subsec. (a)(1). Pub. L. 101-624, Sec. 1241(a)(1), inserted

'', including activities for encouraging improved reforestation of

forest lands from which timber has been harvested'' after

''purposes''.

Subsec. (b). Pub. L. 101-624, Sec. 1241(a)(2), designated

existing provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 101-624, Sec. 1241(a)(3), added subsec. (d).

1988 - Subsec. (c). Pub. L. 100-521 added subsec. (c).

1980 - Subsec. (a)(1). Pub. L. 96-294, Sec. 254(1), inserted

applicability to energy production and energy conservation

activities.

Subsec. (a)(4). Pub. L. 96-294, Sec. 254(2), inserted

applicability to producing and conserving energy.

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 options for wood products, species diversity,

wildlife habitat, and production of clean air and water.

''(c) Establishment of Other Programs. - The Secretary of

Agriculture may establish other programs in other regions of the

United States, or a comprehensive National program, to carry out

the purposes of this section as the Secretary determines

appropriate.

''(d) Authorization of Appropriations. - There are authorized to

be appropriated 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 Laboratory of the United States

Forest Service, in Lincoln, Nebraska, a Semiarid Agroforestry

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 agroforestry 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, 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 acceptance of sustainable agroforestry systems;

''(6) develop improved windbreak and shelterbelt technologies

for drought preparedness, soil and water conservation,

environmental quality, and biological diversity 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 benefits of agroforestry systems and

the development of models to predict the economic benefits under

soil or climate conditions;

''(8) provide international leadership in the development and

exchange of agroforestry 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 conservation technologies and practices; and

''(2) promote the use of such information by landowners and

those organizations associated with forestry and tree promotion.

''(d) Authorization of Appropriations. - There are authorized to

be appropriated $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 ecosystems; and

''(6) such research and monitoring should not impede efforts to

control atmospheric pollutants.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1644, 1648 of this title;

title 7 section 2276; title 42 section 8852.

-CITE-

16 USC Sec. 1643 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1643. Implementation of provisions

-STATUTE-

(a) Establishment and maintenance of research facilities;

acquisition, expenditures, etc., for property

In implementing this subchapter, the Secretary is authorized to

establish and maintain a system of experiment stations, research

laboratories, experimental areas, and other forest and rangeland

research facilities. The Secretary is authorized, with donated or

appropriated funds, to acquire by lease, donation, purchase,

exchange, or otherwise, land or interests in land within the United

States needed to implement this subchapter, to make necessary

expenditures to examine, appraise, and survey such property, and to

do all things incident to perfecting 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

accept, hold, and administer gifts, donations, and bequests of

money, real property, or personal property from any source not

otherwise prohibited by law and to use such gifts, donations, and

bequests to (1) establish or operate any forest and rangeland

research facility within the United States, or (2) perform any

forest and rangeland renewable resource research activity

authorized by this subchapter. Such gifts, donations, and

bequests, or the proceeds thereof, and money appropriated 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

Secretary 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.

(c) Cooperation with international, Federal, State, and other

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

organizations, and with businesses and individuals in the United

States and in other countries. The Secretary may receive money and

other contributions 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 authorized by this subchapter and in making

refunds to contributors.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-513, which directed amendment of

''the first section of'' this subsection by inserting

''international,'' before ''Federal'', was executed by making the

insertion in the first sentence of this subsection to reflect the

probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4503b of this title.

-CITE-

16 USC Sec. 1644 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1644. Forestry and rangeland competitive research grants

-STATUTE-

(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

activities authorized by this subchapter to Federal, State, and

other governmental agencies, public or private agencies,

institutions, universities, 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 scientists and other

methods, participation in research activities by scientists

throughout the United States who have expertise in matters related

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 research proposals, allowing sufficient time for

submission of the proposals, and considering qualitative,

quantitative, financial, administrative, and other factors that the

Secretary deems important in judging, comparing, and accepting the

proposals. The Secretary may reject any or all proposals received

under this section if the Secretary determines 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

available for research under section 1642 of this title to make

competitive grants regarding forestry research in the high priority

research areas identified under section 1642(d) of this title.

(c) Emphasis on certain high priority rangeland research

The Secretary may use up to 5 percent of the amounts made

available for research under section 1642 of this title to make

competitive grants regarding rangeland research in the high

priority research areas identified under section 1642(d) of this

title.

(d) Priorities

In making grants under subsections (b) and (c) of this section,

the Secretary shall give priority to research proposals under which

-

(1) the proposed research will be collaborative research

organized 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 involves several interested research partners.

-SOURCE-

(Pub. L. 95-307, Sec. 5, June 30, 1978, 92 Stat. 355; Pub. L.

105-185, title II, Sec. 253(d), June 23, 1998, 112 Stat. 561.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185 substituted section catchline for former

section catchline, designated existing provisions as subsec. (a)

and inserted heading, and added subsecs. (b) to (d).

-CITE-

16 USC Sec. 1645 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1645. General provisions

-STATUTE-

(a) Availability of funds to cooperators and grantees

The Secretary may make funds available to cooperators and

grantees 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.

(c) Dissemination of knowledge and technology developed from

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

subchapter. In meeting this responsibility, the Secretary shall

cooperate, as the Secretary deems appropriate, with the entities

identified in subsection (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

under this section among agencies of the Department of

Agriculture and with other affected Federal departments and

agencies, State agricultural experiment stations, State extension

services, State foresters or equivalent State officials, forestry

schools, and private research organizations; and

(4) encourage the development, employment, retention, and

exchange of qualified scientists and other specialists through

postgraduate, postdoctoral, and other training, national and

international exchange of scientists, and other incentives and

programs to improve the quality of forest and rangeland renewable

resources research.

(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 except 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 Columbia, 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 possessions of the United States.

-SOURCE-

(Pub. L. 95-307, Sec. 6, June 30, 1978, 92 Stat. 355.)

-COD-

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 Finance.

-TRANS-

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.

-CITE-

16 USC Sec. 1646 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1646. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 95-307, Sec. 7, June 30, 1978, 92 Stat. 356.)

-CITE-

16 USC Sec. 1647 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1647. Other Federal programs

-STATUTE-

(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.

(c) 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.).

(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.

-SOURCE-

(Pub. L. 95-307, Sec. 8, June 30, 1978, 92 Stat. 356.)

-REFTEXT-

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 Agriculture 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.

-CITE-

16 USC Sec. 1648 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1648. Recycling research

-STATUTE-

(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

locating 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

recycled;

(4) additional recycling would result in reduced solid waste

landfill 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

advances 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

acquisition of necessary equipment. The Secretary shall seek to

ensure that the program includes the cooperation and support of

private industry and that program goals include the application of

such research to industry and consumer needs.

(c) Authorization of appropriations

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 implement this section.

-SOURCE-

(Pub. L. 95-307, Sec. 9, as added Pub. L. 101-624, title XII, Sec.

1241(b), Nov. 28, 1990, 104 Stat. 3544.)

-MISC1-

PRIOR PROVISIONS

A prior section 9 of Pub. L. 95-307, June 30, 1978, 92 Stat. 357,

provided the effective date for Pub. L. 95-307 and was set out as a

note under section 1641 of this title, prior to general amendment

by Pub. L. 101-624.

-CITE-

16 USC Sec. 1649 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1649. Forestry Student Grant Program

-STATUTE-

(a) Establishment

The Secretary shall establish a program, to be known as the

''Forestry Student Grant Program'' (hereafter referred to in this

section as the ''Program''), to provide assistance to expand the

professional education of forestry, natural resources, and

environmental scientists.

(b) Student grants

Under the Program the Secretary shall provide assistance for the

establishment of a competitive grant fellowship program to assist

graduate, and undergraduate minority and female, students attending

institutions having programs in forestry and natural resources.

(c) Eligibility

The Secretary shall ensure that students concentrating in the

following 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

necessary to carry out this section.

-SOURCE-

(Pub. L. 95-307, Sec. 10, as added Pub. L. 101-624, title XII, Sec.

1252, Nov. 28, 1990, 104 Stat. 3553.)

-CITE-

16 USC Sec. 1650 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER II - RESEARCH

-HEAD-

Sec. 1650. Hardwood technology transfer and applied research

-STATUTE-

(a) Authority of Secretary

The Secretary of Agriculture (hereinafter the ''Secretary'') is

hereby and hereafter authorized to conduct technology transfer and

development, training, dissemination of information 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 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). (FOOTNOTE 1)

(FOOTNOTE 1) So in original.

(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 agencies, organizations, corporations, institutions and

individuals. The Secretary may accept gifts and donations pursuant

to section 2269 of title 7 including gifts and donations from a

donor that conducts business with any agency of the Department of

Agriculture or is regulated by the Secretary of Agriculture.

(c) Use of assets of Wood Education and Resource Center;

establishment of Institute of Hardwood Technology Transfer and

Applied Research

The Secretary is hereby and hereafter authorized to operate and

utilize the assets of the Wood Education and Resource Center

(previously named the Robert C. Byrd Hardwood Technology Center in

West Virginia) as part of a newly formed ''Institute of Hardwood

Technology 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 Laboratory in Princeton, West Virginia, and any other

organizational unit of the Department of Agriculture as the

Secretary deems appropriate. The overall management 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

revenue 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 appropriation, in furtherance of the purposes of

this section, including upkeep, 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.

-SOURCE-

(Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title III, Sec. 332),

Nov. 29, 1999, 113 Stat. 1535, 1501A-197.)

-REFTEXT-

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 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.

-COD-

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 Renewable Resources Research Act of 1978 which

comprises this subchapter.

-MISC3-

HARDWOOD 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 authorized to conduct technology transfer and

development, training, dissemination of information 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 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) In carrying out this authority, the Secretary may enter

into grants, contracts, and cooperative agreements with public and

private agencies, organizations, corporations, 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

donations from a donor that conducts business with any agency of

the Department of Agriculture 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 assets, of the Robert C. Byrd

Hardwood Technology Center, Inc. (hereinafter the 'Center'), 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 dissolves 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 Research' (hereinafter the

'Institute'). The Institute, in addition to the Center, will

consist of a Director, technology transfer specialists from State

and Private Forestry, the Forestry Sciences Laboratory in

Princeton, West Virginia, and any other organizational 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 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

appropriation, in furtherance of the purposes of this section,

including upkeep, management, and operation of the Institute 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.''

-CITE-

16 USC SUBCHAPTER III - EXTENSION PROGRAMS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

.

-HEAD-

SUBCHAPTER III - EXTENSION PROGRAMS

-MISC1-

TERMINATION OF SUBCHAPTER

For termination of subchapter by section 8 of Pub. L. 95-306,

see Effective and Termination Dates note set out under section

1671 of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 582a of this title;

title 7 section 3332.

-CITE-

16 USC Sec. 1671 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

-HEAD-

Sec. 1671. Congressional statement of findings

-STATUTE-

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 programs complement research and assistance programs

conducted by the Department of Agriculture;

(2) to meet national goals, it is essential that all forest and

rangeland renewable resources (hereinafter in this subchapter

referred to as ''renewable resources''), including fish and

wildlife, forage, outdoor recreation opportunities, timber, and

water, be fully considered in designing educational programs for

landowners, processors, and users;

(3) more efficient utilization and marketing of renewable

resources extend available supplies of such resources, provide

products to consumers at prices less than they would otherwise

be, and promote reasonable returns on the investments of

landowners, processors, 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 water 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.

-SOURCE-

(Pub. L. 95-306, Sec. 2, June 30, 1978, 92 Stat. 349.)

-MISC1-

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 title) shall be effective for the period beginning October 1,

1978, and ending September 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.

-CITE-

16 USC Sec. 1672 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

-HEAD-

Sec. 1672. General program authorization

-STATUTE-

(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

recognize, analyze, and resolve problems dealing with renewable

resources, including forest- and range-based outdoor recreation

opportunities, trees and forests in urban areas, and trees and

shrubs in shelterbelts;

(2) use educational programs to disseminate the results of

research 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 associated renewable resources;

(4) develop and implement educational programs that give

special attention to the educational needs of small, private

nonindustrial forest landowners;

(5) develop and implement educational programs in range and

fish and wildlife management;

(6) assist in providing continuing education programs for

professionally trained individuals in fish and wildlife, forest,

range, and watershed management and related fields;

(7) help forest and range landowners in securing technical and

financial 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

officials, 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 benefits of trees and related resources in urban and

community environments; and

(10) conduct a comprehensive natural resource and environmental

education program for landowners and managers, public officials,

and the public, with particular emphasis on youth.

(b) ''Eligible colleges and universities'' defined

As used in this subchapter, the term ''eligible colleges and

universities'' 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 Institute, 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).

(c) Use of appropriate educational methods required; scope of

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.

-SOURCE-

(Pub. L. 95-306, Sec. 3, June 30, 1978, 92 Stat. 349; Pub. L.

101-624, title XII, Sec. 1219(b)(1), 1251(b), Nov. 28, 1990, 104

Stat. 3538, 3552; Pub. L. 102-237, title X, Sec. 1018(d), Dec. 13,

1991, 105 Stat. 1905.)

-REFTEXT-

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, popularly 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 section 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 chapter 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.

-MISC2-

AMENDMENTS

1991 - Subsec. (a)(8) to (10). Pub. L. 102-237 struck out ''and''

at end of par. (8), substituted ''; and'' for period at end of par.

(9), and redesignated par. (9), relating to education program, as

(10).

1990 - Subsec. (a)(9). Pub. L. 101-624, Sec. 1251(b), added par.

(9) relating to education programs for landowners, managers, public

officials, and the public.

Pub. L. 101-624, Sec. 1219(b)(1), added par. (9) relating to

promotion of public understanding of energy conservation, economic,

social, environmental, and psychological values of trees and open

space in urban and community environments.

-CITE-

16 USC Sec. 1673 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

-HEAD-

Sec. 1673. State programs

-STATUTE-

(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

administrative heads of extension for eligible colleges and

universities in each State shall jointly develop, by mutual

agreement, a single comprehensive 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

implementation of the Act of October 10, 1962 (76 Stat. 806-807, as

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 Secretary annually. The National Agricultural Research,

Extension, Education, and Economics Advisory Board established

under section 3123 of title 7 shall review and make recommendations

to the Secretary pertaining 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

eligible colleges and universities in each State shall encourage

close cooperation between extension staffs at the county and State

levels, and State and Federal research organizations dealing with

renewable resources, State and Federal agencies that manage forests

and rangelands 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 appropriate.

(c) Administration and coordination of program by State director;

exception

Each State renewable resources extension program shall be

administered 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 administered 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 administrative 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

District of Columbia, and the Virgin Islands of the United States.

-SOURCE-

(Pub. L. 95-306, Sec. 4, June 30, 1978, 92 Stat. 350; Pub. L.

104-127, title VIII, Sec. 802(b)(3), Apr. 4, 1996, 110 Stat. 1159.)

-REFTEXT-

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 chapter 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.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-127 substituted ''National

Agricultural Research, Extension, Education, and Economics Advisory

Board'' for ''National Agricultural Research and Extension Users

Advisory Board''.

-CITE-

16 USC Sec. 1674 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

-HEAD-

Sec. 1674. Renewable Resources Extension Program plan

-STATUTE-

(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 Resources Extension Program shall

provide national emphasis and direction 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 opportunities in

each State. The Renewable Resources Extension Program shall

contain, but not be limited to, brief outlines of general extension

programs 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 community forestry activities, and for

planting and management of trees and shrubs in shelterbelts, and

give special attention to water quality protection and natural

resource and environmental education for landowners and managers,

public officials, and the public.

(b) Considerations governing preparation

In preparing the Renewable Resources Extension Program, the

Secretary 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 Assessment 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.

(c) Omitted

(d) Review of activities and evaluation of progress

To assist Congress and the public in evaluating the Renewable

Resources Extension Program, the program shall include a review of

activities 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 evaluation shall be displayed in the program, for the Nation as

a whole, and for each State.

-SOURCE-

(Pub. L. 95-306, Sec. 5, June 30, 1978, 92 Stat. 351; Pub. L.

100-231, Sec. 3, Jan. 5, 1988, 101 Stat. 1565; Pub. L. 101-624,

title XII, Sec. 1219(b)(2), 1251(c), Nov. 28, 1990, 104 Stat. 3539,

3553.)

-COD-

CODIFICATION

Subsec. (c) of this section, which required the Secretary to

prepare an annual report 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.

-MISC3-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-624, Sec. 1251(c), inserted

before period at end '', and give special attention to water

quality protection and natural resource and environmental education

for landowners and managers, public officials, and the public''.

Pub. L. 101-624, Sec. 1219(b)(2), substituted ''for urban and

community forestry activities'' for ''for planting and management

of trees and forests in urban areas''.

1988 - Subsec. (a). Pub. L. 100-231, Sec. 3(1), substituted ''the

Committee on Agriculture of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate''

for ''Congress''.

Subsec. (d). Pub. L. 100-231, Sec. 3(2), added subsec. (d).

-CITE-

16 USC Sec. 1674a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

-HEAD-

Sec. 1674a. Expanded programs

-STATUTE-

(a) In general

The Secretary, acting through the Extension Service and the State

cooperative extension services, and in consultation with State

foresters 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

Secretary 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 managers

the concepts of multiple-use and sustainable natural resource

management;

(B) conducting comprehensive environmental education programs

that assist citizens to participate in environmentally positive

activities such as tree planting, recycling, erosion

prevention, and waste management; and

(C) educational programs and materials that will improve the

capacity of schools, local governments and resource agencies to

deliver forestry and natural resources information to young

people, environmentally concerned citizens, and action groups.

-SOURCE-

(Pub. L. 95-306, Sec. 5A, as added Pub. L. 101-624, title XII, Sec.

1251(a), Nov. 28, 1990, 104 Stat. 3552.)

-CITE-

16 USC Sec. 1674b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

-HEAD-

Sec. 1674b. Sustainable Forestry Outreach Initiative

-STATUTE-

The Secretary shall establish a program, to be known as the

''Sustainable Forestry Outreach Initiative'', to educate landowners

concerning the following:

(1) The value and benefits of practicing sustainable forestry.

(2) The importance of professional forestry advice in achieving

sustainable forestry objectives.

(3) The variety of public and private sector resources

available to assist the landowners in planning for and practicing

sustainable forestry.

-SOURCE-

(Pub. L. 95-306, Sec. 5B, as added Pub. L. 107-171, title VIII,

Sec. 8101(a), May 13, 2002, 116 Stat. 474.)

-CITE-

16 USC Sec. 1675 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

-HEAD-

Sec. 1675. Authorization of appropriations; criteria for

eligibility of States for funds

-STATUTE-

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 Assessment 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.

-SOURCE-

(Pub. L. 95-306, Sec. 6, June 30, 1978, 92 Stat. 352; Pub. L.

100-231, Sec. 2(1), Jan. 5, 1988, 101 Stat. 1565; Pub. L. 105-185,

title III, Sec. 301(h), June 23, 1998, 112 Stat. 563; Pub. L.

107-171, title VIII, Sec. 8101(b)(1), May 13, 2002, 116 Stat. 474.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171 substituted ''There is authorized to be

appropriated to carry out this subchapter $30,000,000 for each of

fiscal years 2002 through 2007.'' for ''There are authorized to be

appropriated to implement this subchapter $15,000,000 for each of

fiscal years 1987 through 2002.''

1998 - Pub. L. 105-185 substituted ''each of fiscal years 1987

through 2002.'' for ''the fiscal year ending September 30, 1988,

and $15,000,000 for each of the next twelve fiscal years.''

1988 - Pub. L. 100-231 amended first sentence generally,

substituting ''1988'' for ''1979'' and ''twelve'' for ''nine''.

-CITE-

16 USC Sec. 1676 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER III - EXTENSION PROGRAMS

-HEAD-

Sec. 1676. Issuance of rules and regulations for implementation of

provisions and coordination with agricultural, research,

extension, and teaching provisions

-STATUTE-

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.).

-SOURCE-

(Pub. L. 95-306, Sec. 7, June 30, 1978, 92 Stat. 352.)

-REFTEXT-

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 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.

-CITE-

16 USC SUBCHAPTER IV - WOOD RESIDUE UTILIZATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

.

-HEAD-

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

-CITE-

16 USC Sec. 1681 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

-HEAD-

Sec. 1681. Congressional statement of purpose

-STATUTE-

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

residential, 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.

-SOURCE-

(Pub. L. 96-554, Sec. 2, Dec. 19, 1980, 94 Stat. 3257.)

-MISC1-

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 effective October 1,

1981''.

SHORT TITLE

For short title of Pub. L. 96-554, Dec. 19, 1980, 94 Stat. 3257,

as the Wood Residue Utilization Act of 1980, see Short Title of

1980 Amendment note set out under section 1600 of this title.

-CITE-

16 USC Sec. 1682 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

-HEAD-

Sec. 1682. Pilot projects and demonstrations

-STATUTE-

(a) Establishment, implementation

The Secretary may establish pilot projects and demonstrations to

carry out the purposes of this subchapter. The pilot projects and

demonstrations 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 existing 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 utilization 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.

-SOURCE-

(Pub. L. 96-554, Sec. 3, Dec. 19, 1980, 94 Stat. 3257.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1687 of this title.

-CITE-

16 USC Sec. 1683 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

-HEAD-

Sec. 1683. Pilot projects; requirements; residue removal credits as

compensation; implementation guidelines

-STATUTE-

The Secretary may carry out pilot wood residue utilization

projects under which purchasers of National Forest System timber

under contracts awarded prior to October 1, 1986, may, except as

otherwise provided in this section, be required to remove wood

residues not purchased 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 residue utilization projects on the

National Forest system can provide important information on various

methods and approaches to increasing the utilization, in

residential, commercial, and industrial or powerplant applications,

of wood residues and where such information 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 removal of

wood residues. The following guidelines shall apply to projects

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 instances where the anticipated cost of removal

would exceed the anticipated 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

established pursuant to this subchapter shall be carried out in a

manner which does not result in an adverse effect on the

furnishing of timber, 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.

-SOURCE-

(Pub. L. 96-554, Sec. 4, Dec. 19, 1980, 94 Stat. 3257.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1682, 1687 of this title.

-CITE-

16 USC Sec. 1684 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

-HEAD-

Sec. 1684. Annual reports

-STATUTE-

This Secretary shall make annual reports to the Congress on the

programs authorized by this subchapter. These reports shall be

submitted with the reports required under section 1606(c) of this

title.

-SOURCE-

(Pub. L. 96-554, Sec. 5, Dec. 19, 1980, 94 Stat. 3258.)

-CITE-

16 USC Sec. 1685 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

-HEAD-

Sec. 1685. Regulations

-STATUTE-

The Secretary shall issue such regulations as the Secretary deems

necessary to implement the provisions of this subchapter.

-SOURCE-

(Pub. L. 96-554, Sec. 6, Dec. 19, 1980, 94 Stat. 3258.)

-CITE-

16 USC Sec. 1686 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

-HEAD-

Sec. 1686. Definitions

-STATUTE-

For purposes of this subchapter, the term:

(1) ''Anticipated cost of removal'' means the projected cost of

removal of wood residues from timber sales areas to points of

prospective use, as determined by the Secretary at the time of

advertisement of the timber sales contract in accordance with

appropriate appraisal and sale procedures.

(2) ''Anticipated value'' means the projected value of wood

residues as fuel or other merchantable wood products, as

determined by the Secretary at the time of advertisement of the

timber sales contract 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

procedures.

(4) ''Person'' means an individual, partnership, joint-stock

company, corporation, association, trust, estate, or any other

legal entity, 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.

-SOURCE-

(Pub. L. 96-554, Sec. 7, Dec. 19, 1980, 94 Stat. 3258.)

-CITE-

16 USC Sec. 1687 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER IV - WOOD RESIDUE UTILIZATION

-HEAD-

Sec. 1687. Authorization of appropriations

-STATUTE-

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 appropriated 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.

-SOURCE-

(Pub. L. 96-554, Sec. 8, Dec. 19, 1980, 94 Stat. 3259.)

-CITE-