### §497e. Enhancing Forest Service administration of rights-of-way and land uses

#### (a) Program required

For fiscal year 2014 and each fiscal year thereafter, the Secretary of Agriculture shall conduct a program for the purpose of enhancing Forest Service administration of rights-of-way and other land uses.

#### (b) Deposit of fees

Subject to subsections (a) and (f), each fiscal year, the Secretary of Agriculture shall deposit into a special account established in the Treasury all fees collected by the Secretary to recover the costs of processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to section 185(l) of title 30, section 1764(g) of title 43, section 9701 of title 31, and section 306109 of title 54.

#### (c) Use of retained amounts

Amounts deposited pursuant to subsection (b) shall be available, without further appropriation, for expenditure by the Secretary of Agriculture to cover costs incurred by the Forest Service for the processing of applications for special use authorizations and for monitoring activities undertaken in connection with such authorizations. Amounts in the special account shall remain available for such purposes until expended.

#### (d) Reporting requirement

In the budget justification documents submitted by the Secretary of Agriculture in support of the President's budget for a fiscal year under section 1105 of title 31, the Secretary shall include a description of the purposes for which amounts were expended from the special account during the preceding fiscal year, including the amounts expended for each purpose, and a description of the purposes for which amounts are proposed to be expended from the special account during the next fiscal year, including the amounts proposed to be expended for each purpose.

#### (e) Definition of authorization

For purposes of this section, the term "authorizations" means special use authorizations issued under subpart B of part 251 of title 36, Code of Federal Regulations.

#### (f) Implementation

This section shall take effect upon promulgation of Forest Service regulations for the collection of fees for processing of special use authorizations and for related monitoring activities.

(Pub. L. 106–113, div. B, §1000(a)(3) [title III, §331], Nov. 29, 1999, 113 Stat. 1535, 1501A–196; Pub. L. 108–447, div. E, title III, §345, Dec. 8, 2004, 118 Stat. 3105; Pub. L. 109–54, title IV, §425, Aug. 2, 2005, 119 Stat. 555; Pub. L. 110–161, div. F, title IV, §416, Dec. 26, 2007, 121 Stat. 2148; Pub. L. 113–76, div. G, title IV, §425, Jan. 17, 2014, 128 Stat. 344.)

#### **Editorial Notes**

#### Codification

Section was formerly set out as a note under section 497 of this title.

In subsec. (b), "section 306109 of title 54" substituted for "section 110(g) of the National Historic Preservation Act (16 U.S.C. 470h–2(g))" on authority of Pub. L. 113–287, §6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

#### Amendments

2014—Subsec. (a). Pub. L. 113–76, §425(1), added subsec. (a) and struck out former subsec. (a) which read as follows: "The Secretary of Agriculture shall develop and implement a pilot program for the purpose of enhancing forest service administration of rights-of-way and other land uses. The authority for this program shall be for fiscal years 2000 through 2012. Prior to the expiration of the authority for this pilot program, the Secretary shall submit a report to the House and Senate Committees on Appropriations, and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives that evaluates whether the use of funds under this section resulted in more expeditious approval of rights-of-way and special use authorizations. This report shall include the Secretary's recommendation for statutory or regulatory changes to reduce the average processing time for rights-of-way and special use permit applications."

Subsec. (b). Pub. L. 113–76, §425(2), substituted "each fiscal year" for "during fiscal years 2000 through 2012".

2007—Subsec. (a). Pub. L. 110–161, §416(1), substituted "2012" for "2006".

Subsec. (b). Pub. L. 110–161, §416(2), substituted "2012" for "2006".

2005—Subsec. (a). Pub. L. 109–54, §425(1), substituted "2006" for "2005".

Subsec. (b). Pub. L. 109–54, §425(2), substituted "2006" for "2005".

2004—Subsec. (a). Pub. L. 108–447, §345(1), substituted "2005" for "2004".

Subsec. (b). Pub. L. 108–447, §345(2), substituted "2005" for "2004".