Selected Laws Affecting

Forest Service Activities

United States Department of Agriculture

Forest Service

FS Publication

April 2004
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them to:

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ATTN: Legislative Affairs

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Washington, DC 20250-1132

Or call (202) 205-1637
Selected Laws Affecting

Forest Service Activities

By Amie M Brown
iv

Contents

Detailed Table of Contents..............................................................v

Preface ..............................................................................................ix

Introduction .....................................................................................x

A Summary of the Legislative and Rulemaking Processes ..........xii

Understanding the Legal Citation ..................................................xv

Establishment of the National Forests ...........................................1

Forest Service Land Base ................................................................6

Forest Service Land Management Planning .................................34

National Forest System Resource Management............................81

National Forest System Cultural Resources..................................116

National Forest System Minerals and Mining ..............................151

National Forest System Rangeland Management.........................223

National Forest System Recreational Management......................237

National Forest System Timber Management...............................302

National Forest System Wilderness Management ........................329

National Forest System Wildlife Management..............................338

Water Resources ..............................................................................410

Forest Service State and Private Lands.........................................430

Forest Service Partnerships ............................................................497

Forest Service Research ..................................................................535

Forest Service International Forestry ............................................558

Forest Service Roads .......................................................................564

General Laws ...................................................................................588

Permanent Trusts and Other Funds ..............................................657

Disaster Relief ..................................................................................674

Federal Advisory Committees ........................................................701

Forest Service Business Administration ........................................713
v

Detailed Table of Contents

Establishment of the National Forests

Organic Administration Act .....................................................................1

Transfer Act..............................................................................................4

Forest Service Land Base

Bankhead-Jones Farm Tenant Act ............................................................6

Land and Water Conservation Fund Act ..................................................10

Weeks Law ...............................................................................................24

Weeks Act Status of Certain Lands..........................................................28

Interchange with Department of Defense.................................................29

Sisk Act ....................................................................................................30

General Exchange Act..............................................................................31

Townsite Act ............................................................................................33

Forest Service Land Management Planning

Forest and Rangeland Renewable Resources Planning Act of 1974 .......34

Multiple-Use Sustained-Yield Act of 1960 ..............................................51

National Forest Management Policy Act of 1976 ....................................53

Forest and Rangeland Renewable Resources Planning Act Statement of

Policy, Interior Department and Related Agencies Appropriations for

Fiscal year 1981 .......................................................................................57

National Indian Forest Resources Management Act ................................60

Forest Service Decisionmaking and Appeals Reform, Department of

the Interior and Related Agencies Appropriations Act of 1993 ...............79

National Forest System Resource Management

Stewardship End Result Contracting Projects, Omnibus Consolidated

and Emergency Supplemental Appropriations Act of 1999 .....................81

Healthy Forests Restoration Act of 2003 .................................................84

National Forest System Cultural Resources

Preservation of American Antiquities ......................................................116

National Historic Preservation Act ..........................................................117

Preservation of Historical and Archeological Data ..................................127

Archaeological Resources Protection Act ................................................128
vi

Native American Graves Protection and Repatriation Act ............................ 138

National Forest System Minerals and Mining

Minerals Resources on Weeks Lands....................................................... 151

Mineral Leasing Act ................................................................................. 152

Minerals Act of 1947 ............................................................................... 213

Multiple Use Mining Act of 1955 ............................................................ 215

National Forest System Rangeland Management

Public Rangelands Improvement Act of 1978 ......................................... 223

National Forest System Recreational Management

Occupancy Permits .................................................................................. 237

Wild and Scenic Rivers Act ..................................................................... 238

National Trails System Act ...................................................................... 255

Federal Cave Resources Protection Act ................................................... 275

Recreational Fee Demonstration Program, Department of the Interior

and Related Agencies Appropriations Act of 1996 .................................. 282

Ski Fees, Omnibus Parks and Public Lands Management Act of 1996 ... 286

Cabin User Fee Fairness Act of 2000, Department of the Interior and

Related Agencies Appropriations Act of 2001 ......................................... 290

National Forest System Timber Management

Sustained-Yield Forest Management Act................................................. 302

Forest Resources Conservation and Shortage Relief Act of 1990,

Customs and Trade Act of 1990 ............................................................... 307

National Forest System Wilderness Management

Wilderness Act ......................................................................................... 329

National Forest System Wildlife Management

Migratory Bird Treaty Act ........................................................................ 338

Migratory Bird Conservation Act............................................................. 342

Bald and Golden Eagle Protection Act .................................................... 347

Sikes Improvement Act of 1997............................................................... 351

Endangered Species Act of 1982 ............................................................. 360

Water Resources

Domestic Water Supply............................................................................ 410

Watershed Protection and Flood Prevention Act ..................................... 411
vii

Federal Water Project Recreation Act ......................................................421

Agricultural Credit Act, Emergency Flood Prevention ............................429

Forest Service State and Private Lands

Food, Agriculture, Conservation, and Trade Act of 1990 ........................430

Right of Eminent Domain ........................................................................450

Renewable Resources Extension Act of 1978 .........................................451

Cooperative Forestry Assistance Act of 1978 ..........................................457

Alaska National Interest Lands Conservation Act ...................................496

Forest Service Partnerships

Granger-Thye Act.....................................................................................497

Youth Conservation Corps Act of 1970 ...................................................506

Volunteers in the National Forests Act of 1972 .......................................510

National Forest Foundation Act ...............................................................511

Secure Rural Schools and Community Self-Determination Act of 2000.516

Forest Service Research

McIntyre-Stennis Act ...............................................................................535

Forest and Rangeland Renewable Resources Research Act of 1978 .......539

Food and Agriculture Act of 1977, the National Agricultural Research,

Extension, and Teaching Policy Act Amendments of 1985 .....................551

Forest Service International Forestry

Foreign Operations Appropriations Act of 1990 ......................................558

Forest Service Roads

Forest Highways.......................................................................................564

National Forest Roads and Trails Act ......................................................585

General Laws

Federal Insecticide, Fungicide, and Rodenticide Act ...............................588

Federal Water Pollution Control Act ........................................................609

Clean Air Act............................................................................................623

National Environmental Policy Act of 1969 ............................................639

Federal Noxious Weed Act of 1974 .........................................................645

Clarke-McNary Act ..................................................................................648

Smokey Bear Act......................................................................................651
viii

Soil and Water Resources Conservation Act of 1977 .................................. 652

Permanent Trusts and Other Funds

Disposition of Receipts from National Forest Revenues ......................... 657

Roads and Trails (10 Percent) Fund............................................................ 658

Cooperative Funds..................................................................................... 659

Brush Removal Fund .................................................................................. 661

Knutson-Vandenburg Act ........................................................................... 662

Supplemental National Forest Reforestation Fund ....................................... 663

Cooperative Funds and Deposits................................................................ 664

Reforestation Tax Incentives and Trust Fund ............................................... 666

Census of Agriculture Act of 1997 .............................................................. 673

Disaster Relief

Disaster Mitigation Act of 2000 ............................................................... 674

Federal Advisory Committees

Federal Advisory Committee Act ............................................................. 701

Department of Agriculture Advisory Committees, Food and Agriculture Act of 1977 ....................................................................................... 711

Forest Service Business Administration

Permits for Public Buildings and Other Public Works............................. 713

Facilitate and Simplify Work of Forest Service and to Promote

Reforestation ............................................................................................ 714

Damage to Private Property and Search and Rescue ............................... 716

Department of Agriculture Organic Act of 1944...................................... 717

Department of Agriculture Organic Act of 1944, Uses of Appropriated

Funds........................................................................................................ 721

Forest Service Omnibus Act of 1958 ....................................................... 723

National Forest System Federal Enforcement of Local Laws Act................. 726

Americans with Disabilities Act of 1990 ...................................................... 727

The Origins of National Forests ................................................................ 781

National Grasslands ...................................................................................783

Chronoloigcal Order of Laws Contained in this Guide .............................784

Additional Resources .................................................................................789

Glossary ......................................................................................................791
ix

Preface

The Selected Laws Affecting Forest Service Activities is the fourth in a

series of reference guides published by the United States Derparment of Agriculture

Forest Service. It was created to assist agency staff, and members of the public, as a

ready reference document and to understand the legal authorities and limitations of

the agency. The first principal laws publication was published in 1978, the second in

1983, and the third in 1993. Although it was originally intended to be a portable

reference, the continuous addition of new laws greatly increased the size of the

guide. During the development of this document, scoping revealed that many users

believed the guide had become too cumbersome to be useful as anything other than

a desk reference. The guide’s content, use, and format were evaluated, and it was

determined that an abridged version should be prepared.

This abridged version does not contain all of the laws relating to the

USDA Forest Service. This version does contain the current major laws that

apply to USDA Forest Service activities. USDA Forest Service program areas may

want to consider assembling a more focused publication of laws and polices

that relate to their specific program area.

The compilations contained in this publication were put together using the

United States Code Annotated Tables for 2003, the United States House of

Representatives Committee on Resources Compilation of Selected Laws Concerning National Forests and Related Matters, February 2004, and the Office of the

Law Revision Counsel of the U.S. House of Representatives U.S. Code web

database.

Special thanks to the USDA Law Library staff for their time and assistance.
x

Introduction

Greetings and welcome to the Selected Laws Affecting Forest Service

Activities. If this is your first time using this guide, then you may have some

questions about how to use it. During our review of previous guides, we found

that most users of the guide needed help with some sort of problem related to

the legal issues applicable to a particular project. Their concerns were often

focused on the specific powers granted and restricted by legislation. Others

were engaged in issues of a very wide scope that required knowledge in multiple areas of legislation. Whether it is a problem of planning, compliance, or

understanding, you should be able to find quick overview answers to most of

your United States forest related questions.

The laws referenced in this book are all public laws. Private laws, those

laws involving specific entities or private individuals, are not listed in this

guide. Private laws were not included because they are primarily concerned

only with specific cases. Readers in need of information pertaining to private

laws should reference the United States Statues at Large.

The laws in this guidebook are arranged by category, such as Forest System

Land Management Planning and Forest Service International Forestry. The preface

explains why this guidebook was published, and the introduction provides background for the development of the guidebook. The following sections explain some

basic terms and how to understand the legal citations provided. A more complete

glossary of terms is located in the back of the book. The index provides a quick

reference to specific sections of law. The list of National Forests and the means by

which the land was set aside can be found in the appendix A. There is also a list of

National Grasslands in appendix B. All the laws in this book by chronological order

are found in the appendix C. Lastly, other helpful resources are list in appendix D.

The United States Department of Agriculture Forest Service (USDA Forest

Service) was created by the Transfer Act of February 1, 1905, which transferred the

management responsibilities for the Federal forest reserves from the Department of

the Interior to the Department of Agriculture. Since 1905, hundreds of laws affecting

the USDA Forest Service’s responsibilities, powers, and limitations have been

enacted and amended. The Selected Laws Affecting Forest Service Activities is a

reference tool for those interested in contemporary USDA Forest Service policy and

contains each law as it appears today.

The law guidebooks were developed by, and for, the USDA Forest Service

legislative staff. However, the guidebooks are referenced agency-wide as well as by

numerous organizations and individuals interested in the USDA Forest Service.
xi

Scoping was conducted to evaluate the content, use, and format of previous

editions of the guidebook. From this information, it was determined that an abridged

version would be most useful. This fourth edition does not contain all of the laws

relating to the USDA Forest Service. Rather, it includes only laws that apply to

national USDA Forest Service activities and are now or are anticipated to become

part of the contemporary policy dialogue.

Please remember this is a guide designed primarily to offer portable

information for the legislative affairs staff. It is a tool for reference. Anyone

needing complete legislative information should seek it in the additional

sources mentioned in the back of the guide.
xii

A Summary of the Legislative and

Rulemaking Processes

The Legislative Process

A member of the United States House of Representatives, or the United

States Senate, begins the legislative process by introducing a bill. There are

two types of bills, public and private. Public bills apply to the general public

while private bills apply only to an individual or a private entity. An example

of Forest Service public law is the Multiple Use Sustained Yield Act. It is

applied nationally to all National Forests. An example of a Forest Service

private law would be one that adjusts a survey error modifying the boundary

between specific National Forest System land and specific private landowner.

Congressional bills are given a number when they are introduced. In the

United States House of Representatives (House) a typical bill is called a

House bill and assigned a number. The House of Representatives bill is abbreviated as H.R. ##. In the United States Senate (Senate), a typical bill is referred to as a Senate bill and also assigned a number. It is abbreviated as S. ##.

Once a number has been designated, the bill is assigned to the committee of

jurisdiction. Both the House and Senate have a parliamentarian. Based on formal

agreements and past precedent, the Senate majority leader and the House majority

leader with assistance from the parliamentarian of their respective chambers determines to which committee(s) the bill will be referred. For example, a simple bill

authorizing a western National Forest boundary adjustment will be referred to the

Senate Committee on Energy and Natural Resources since this is the established

precedent of jurisdiction over such issues.

This same bill introduced in the House may be referred to either the House

Committee on Agriculture or the House Committee on Resources. In the House, bill

referral is dependent on whether the National Forest lands effected by the legislation

were established from the public domain or purchased. Additionally, laws may apply

to all national forest lands, to those lands from the public domain, or to those acquired through the Weeks law. See appendix A for a list of National Forests and

their origin.

If a committee chairman determines a bill to be favorable, a hearing is held on

the bill. During the hearing, witnesses are asked to testify about the bill. Testimony

usually includes a statement of support or opposition, supporting evidence for the

position, and possible improvements to the bill. (See Forest Service manual 1510 for

information about positions on bills.) If after a hearing the committee chairman again
xiii

determines the bill to be favorable, the committee will be asked to vote on the bill.

The meeting where the vote takes place is called a markup. Amendmentsto the

bill may also be offered at the markup. After a bill is passed by the committee, it is

then ready for consideration by the full House or Senate.

When a bill passes one body of the Congress and is sent to the other it is then

called an Act, signifying that it is the act of one body of the Congress. The House

and the Senate must agree to an identical form of a bill. Then the President must

grant approval and sign the bill. A President may not grant approval and choose to

veto a bill or simply hold it until Congress adjourns. Congress then has the option to

override a veto if they can get a two-thirds majority to vote favorably for a bill again.

However, if a bill does not make it through before the Congress adjourns, then the

whole process must begin again with a new Congress.

The Rulemaking Process

Once a new law is enacted, the President’s administration begins to

interpret the law and how it will be implemented by the agency it affects. These

directions from the Administration are called regulations or rules. The terms

rules and regulations are used interchangeably. Some laws will require that

multiple agencies prepare regulations independently or in cooperation with one

another.

It is important to understand the difference between laws and regulations.

Laws can be enacted only by Congress. Federal executive departments and

administrative agencies write regulations to implement the law. Regulations (as

well as Executive Orders and Proclamations) are secondary to laws. Both

laws and regulations are enforceable. The United States Code is the official

source of codified laws by subject. The United States Statutes-at-Large is the

official chronological collection of all laws. And, the Code of Federal Regulations is the official compilation of regulations.

Congress delegates rulemaking authority directly to the agencies through

the enactment of a law. Using the law as its guide, the agency drafts a proposed

rule. The Office of Management and Budget (OMB) reviews the proposed

rule. It is the Office of Management and Budget that assists the President in

overseeing the preparation of the federal budget and the management of the

budget of the executive branch agencies. It is also OMB’s responsibility to

ensure that agency reports, rules, testimony, and proposed legislation are

consistent with the President’s budget and policies.

Once approved by the OMB, the proposed rule is published in the Federal

Register for public comment. The Federal Register is an official daily legal
xiv

publication used to inform citizens of their:

(1) rights and obligations;

(2) opportunities for funding and Federal benefits; and

(3) the actions by Federal agencies.

Agencies collect, analyze, and respond to the public comments received.

After considering this information, the agency prepares a Final Rule. The OMB

reviews and approves the Final Rule. The agency then publishes the Final Rule

in the Federal Register. At the end of this process, the Final Rule is added to

and amends the Code of Federal Regulation.

It is not unusual for more than a year to pass between the publication of

proposed rules and final rules. In some cases, the law itself may direct the

agency to finalize its regulations by a date certain.

The rulemaking process is complex. This is a general overview. If you

would like to know more about the process additional sources are provided in

appendix D.
xv

Understanding the Legal Citiation

The Chapter and Public Law Number

Laws are each given a specific citation to identify them. There are two

types of citations used for the identification of the laws of the United States.

All laws enacted prior to 1956 are cited by chapter, in reference to the order

that Congress passed them. In 1957 Congress began to use a new system to cite

laws. All laws enacted after 1956 are assigned a public law number.

Two examples are shown below. The first law was enacted prior to the

end of 1956, the second enacted after 1957. The difference between these two

citations is that the first refers to a chapter (Ch.) and the second to a public law

number (Pub. L.).

The Smokey Bear Act became law on May 23, 1952. It was the 327th Act

enacted into law in 1952 and is referred to as Chapter 327.

The Multiple-Use Sustained-Yield Act of 1960 is Public Law 86-517.

This indicates the session of Congress (the 86th) that the Act was passed and

the order of its enactment. It was the 517th Act enacted into law during the

86th Congress.

A “new” Congress convenes every two years in the January following a

November congressional election. It is new because the entire House of Representatives is elected every two years. Only about one-third of the Senate is

elected biennially. Congress typically meets in two annual “sessions.” One

session is held in the first calendar year and the other in the second calendar

year. The 86th Congress met from January 1959 to December 1960.

Laws cited using the chapter or public law number systems both present

the text of laws in the original form as passed by the Congress and approved by

the President.

Law Citiation format before 1957 Law Citiation beginning in 1957

Smokey Bear Act

May 23, 1952 (Ch. 327, 66 Stat. 92;

18 U.S.C. 711, 16 U.S.C. 580p-2)

Multiple-Use Sustained-Yield Act

June 12, 1960 (Pub. L. 86-517, 74

State. 215; 16 U.S.C. 528-531, 528

note)
xvi

The United States Statutes at Large

The United States Statutes at Large (Statutes at Large) is the official

source for laws and resolutions passed by Congress. Each law is published in

the Statutes at Large in the order of the date of its passage. The Statues at

Large presents each law in the original text. It does not provide any of the

amended language. Each volume contains a complete index and a table of

contents. A legislative history appears at the end of each law. There are also

extensive notes referring to laws in preceding volumes and to prior and later

matters in the same volume.

The Smokey Bear Act can be found in the Statutes at Large volume 66,

page 92. The Multiple-Use Sustained-Yield Act can be found in volume 74,

page 215.

The United States Code

The Office of the Law Revision Counsel of the United States House of

Representatives prepares and publishes the United States Code (Code). The

Code is a consolidation and codification by subject matter of the general and

permanent laws of the United States. Each statute is analyzed by the Office of

the Law Revision Counsel, dissected, and arranged into subject areas.

The Code does not include the regulations issued by executive branch

agencies, the decisions of the Federal courts, treaties, or the laws enacted by state

or local governments.

The Code contains laws, and parts of laws, arranged into 50 subject

categories. These categories are each assigned a title number. Titles are divided

into chapters, subchapters, sections, and subsections. The Code is revised and

reprinted every 6 years. Periodic supplements are also printed. The advantage

of using the Code is that all of the information on a particular subject is found

in one place, with cross references to related material.

Smokey Bear Act

May 23, 1952 (Ch. 327, 66 Stat. 92;

18 U.S.C. 711, 16 U.S.C. 580p-2)

Multiple-Use Sustained-Yield Act

June 12, 1960 (Pub. L. 86-517, 74

State. 215; 16 U.S.C. 528-531, 528

note)
xvii

The Smokey Bear Act can be found in title 18 of the Code in section 711 and

in title 16 of the Code in section 580p-2. If you turn to page 651 you can see the

text of the Smokey Bear Act as it reads today.

The text of the Multiple-Use Sustained-Yield Act can be pieced together

from title 16 of the Code, sections 528 through 531. Turn to page 51 to see the

text as it reads today.

The Code can be accessed via the World Wide Web and found in hard

copy at many public libraries. Use the following links to look up sections of the

Code.

United States House of Representatives http://uscode.house.gov/usc.htm

General Printing Office http://www.gpoaccess.gov/uscode/index.html

A Compilation of Laws

Since Congress does not list its laws with all the amended language

attached, it is necessary for others to gather this information and present it. A

compilation is the term used to describe a law, and any amendments to that

law, with its current language. When this is done the reference law, which is

not listed by Congress as an official law, is then called a compilation. It has

combined the original law with whatever current changes are applied to it.

Hence, the term used is compilation.

Smokey Bear Act

May 23, 1952 (Ch. 327, 66 Stat. 92;

18 U.S.C. 711, 16 U.S.C. 580p-2)

Multiple-Use Sustained-Yield Act

June 12, 1960 (Pub. L. 86-517, 74

State. 215; 16 U.S.C. 528-531, 528

note)

Establishment of the National Forests 1

Organic Administration Act

June 4, 1897 (Ch. 2, 30 Stat. 11; 16 U.S.C. 473 to 475, 477,

551, 473, 478 to 482, 424, 430g)

Revocation, modification, or

vacation of orders or proclamations

establishing national forests

The President of the United States is

authorized and empowered to revoke,

modify, or suspend any and all Executive

orders and proclamations or any part

thereof issued under section 471 of this

title, from time to time as he shall deem

best for the public interests. By such

modification he may reduce the area or

change the boundary lines or may vacate

altogether any order creating a national

forest. (16 U.S.C. 473)

Surveys; plats and field notes; maps;

effect under Act June 4, 1897

Surveys, field notes, and plats returned

from the survey of public lands designated as national forests undertaken

under the supervision of the Director of

the United States Geological Survey in

accordance with provisions of Act June 4,

1897, chapter 2, section 1. Thirtieth

Statutes, page 34, shall have the same

legal force and effect as surveys, field

notes, and plats returned through the Field

Surveying Service; and such surveys,

which include subdivision surveys under

the rectangular system, approved by the

Secretary of the Interior or such officer

as he may designate as in other cases,

and properly certified copies thereof shall

be filed in the respective land offices of

the districts in which such lands are

situated, as in other cases. All laws

inconsistent with the provisions hereof are

declared inoperative as respects such

survey. A copy of every topographic map

and other maps showing the distribution

of the forests, together with such field

notes as may be taken relating thereto,

shall be certified thereto by the Director

of the Survey and filed in the Bureau of

Land Management. (16 U.S.C. 474)

Purposes for which national forests

may be established and administered

All public lands designated and reserved

prior to June 4, 1897, by the President of

the United States under the provisions of

section 471 (Section 471 has been

omitted.) of this title, the orders for which

shall be and remain in full force and

effect, unsuspended and unrevoked, and

all public lands that may hereafter be set

aside and reserved as national forests

under said section, shall be as far as

practicable controlled and administered in

accordance with the following provisions.

No national forest shall be established,

except to improve and protect the forest

within the boundaries, or for the purpose

of securing favorable conditions of water

flows, and to furnish a continuous supply

of timber for the use and necessities of

citizens of the United States; but it is not

the purpose or intent of these provisions,

or of said section, to authorize the inclusion therein of lands more valuable for the

mineral therein, or for agricultural pur-
2 Establishment of the National Forests

poses, than for forest purposes. (16

U.S.C. 475)

Use of timber and stone by settlers

The Secretary of Agriculture may permit,

under regulations to be prescribed by him,

the use of timber and stone found upon

national forests, free of charge, by bona

fide settlers, miners, residents, and

prospectors for minerals, for firewood,

fencing, buildings, mining, prospecting,

and other domestic purposes, as may be

needed by such persons for such purposes; such timber to be used within the

State or Territory, respectively, where

such national forests may be located. (16

U.S.C. 477)

Protection of national forests; rules

and regulations

The Secretary of Agriculture shall make

provisions for the protection against

destruction by fire and depredations upon

the public forests and national forests

which may have been set aside or which

may be hereafter set aside under the

provisions of section 471 (Section 471 has

been omitted.) of this title, and which may

be continued; and he may make such

rules and regulations and establish such

service as will insure the objects of such

reservations, namely, to regulate their

occupancy and use and to preserve the

forests thereon from destruction; and any

violation of the provisions of this section,

sections 473 to 478 and 479 to 482 of this

title or such rules and regulations shall be

punished by a fine of not more than $500

or imprisonment for not more than six

months, or both. Any person charged with

the violation of such rules and regulations

may be tried and sentenced by any

United States magistrate judge specially

designated for that purpose by the court

by which he was appointed, in the same

manner and subject to the same conditions as provided for in section 3401(b) to

(e) of title 18. (16 U.S.C. 551 )

Egress or ingress of actual settlers;

prospecting

Nothing in sections 473 to 478, 479 to 482

and 551 of this title shall be construed as

prohibiting the egress or ingress of actual

settlers residing within the boundaries of

national forests, or from crossing the

same to and from their property or

homes; and such wagon roads and other

improvements may be constructed

thereon as may be necessary to reach

their homes and to utilize their property

under such rules and regulations as may

be prescribed by the Secretary of Agriculture. Nor shall anything in such

sections prohibit any person from entering

upon such national forests for all proper

and lawful purposes, including that of

prospecting, locating, and developing the

mineral resources thereof. Such persons

must comply with the rules and regulations covering such national forests. (16

U.S.C. 478)

Sites for schools and churches

The settlers residing within the exterior

boundaries of national forests, or in the

vicinity thereof, may maintain schools and

churches within such national forest, and

for that purpose may occupy any part of
Establishment of the National Forests 3

the said national forest, not exceeding two

acres for each schoolhouse and one acre

for a church. (16 U.S.C. 479)

Civil and criminal jurisdiction

The jurisdiction, both civil and criminal,

over persons within national forests shall

not be affected or changed by reason of

their existence, except so far as the

punishment of offenses against the United

States therein is concerned; the intent and

meaning of this provision being that the

State wherein any such national forest is

situated shall not, by reason of the

establishment thereof, lose its jurisdiction,

nor the inhabitants thereof their rights and

privileges as citizens, or be absolved from

their duties as citizens of the State. (16

U.S.C. 480)

Use of waters

All waters within the boundaries of

national forests may be used for domestic, mining, milling, or irrigation purposes,

under the laws of the State wherein such

national forests are situated, or under the

laws of the United States and the rules

and regulations established thereunder.

(16 U.S.C. 481)

Mineral lands; restoration to public

domain; location and entry

Upon the recommendation of the Secretary of the Interior, with the approval of

the President, after sixty days’ notice

thereof, published in two papers of

general circulation in the State or Territory wherein any national forest is

situated, and near the said national forest,

any public lands embraced within the

limits of any such forest which, after due

examination by personal inspection of a

competent person appointed for that

purpose by the Secretary of the Interior,

shall be found better adapted for mining

or for agricultural purposes than for forest

usage, may be restored to the public

domain. And any mineral lands in any

national forest which have been or which

may be shown to be such, and subject to

entry under the existing mining laws of

the United States and the rules and

regulations applying thereto, shall continue

to be subject to such location and entry,

notwithstanding any provisions contained

in sections 473 to 478, 479 to 482 and 551

of this title. (16 U.S.C. 482)

***
4 Establishment of the National Forests

Transfer Act

February 1, 1905 (Ch. 288, 33 Stat. 628; 16 U.S.C. 472, 478,

495, 551, 554a, 615b, 554, 524)

Laws affecting national forest lands

Sec. 1 The Secretary of the Department

of Agriculture shall execute or cause to

be executed all laws affecting public

lands reserved under the provisions of

section 471 (repealed) of this title, or

sections supplemental to and amendatory

thereof, after such lands have been so

reserved, excepting such laws as affect

the surveying, prospecting, locating,

appropriating, entering, relinquishing,

reconveying, certifying, or patenting of

any of such lands. (16 U.S.C. 472)

Egress or ingress of actual settlers;

prospecting

Nothing in sections 473 to 478, 479 to 482

and 551 of this title shall be construed as

prohibiting the egress or ingress of actual

settlers residing within the boundaries of

national forests, or from crossing the

same to and from their property or

homes; and such wagon roads and other

improvements may be constructed

thereon as may be necessary to reach

their homes and to utilize their property

under such rules and regulations as may

be prescribed by the Secretary of Agriculture. Nor shall anything in such

sections prohibit any person from entering

upon such national forests for all proper

and lawful purposes, including that of

prospecting, locating, and developing the

mineral resources thereof. Such persons

must comply with the rules and regulations covering such national forests. (16

U.S.C. 478)

Leases of lands for sanitariums or

hotels

The Secretary of Agriculture is authorized, under such rules and regulations as

he from time to time may make, to rent or

lease to responsible persons or corporations applying therefor suitable spaces

and portions of ground near, or adjacent

to, mineral, medicinal, or other springs,

within any national forest established

within the United States, or hereafter to

be established, and where the public is

accustomed or desires to frequent, for

health or pleasure, for the purpose of

erecting upon such leased ground sanitariums or hotels, to be opened for the

reception of the public. And he is further

authorized to make such regulations, for

the convenience of people visiting such

springs, with reference to spaces and

locations, for the erection of tents or

temporary dwelling houses to be erected

or constructed for the use of those visiting

such springs for health or pleasure. And

the Secretary of Agriculture is authorized

to prescribe the terms and duration and

the compensation to be paid for the

privileges granted under the provisions of

this section. (16 U.S.C. 495)

Protection of national forests; rules

and regulations
Establishment of the National Forests 5

The Secretary of Agriculture shall make

provisions for the protection against

destruction by fire and depredations upon

the public forests and national forests

which may have been set aside or which

may be hereafter set aside under the

provisions of section 471 (repealed) of

this title, and which may be continued;

and he may make such rules and regulations and establish such service as will

insure the objects of such reservations,

namely, to regulate their occupancy and

use and to preserve the forests thereon

from destruction; and any violation of the

provisions of this section, sections 473 to

478 and 479 to 482 of this title or such

rules and regulations shall be punished by

a fine of not more than $500 or imprisonment for not more than six months, or

both. Any person charged with the

violation of such rules and regulations

may be tried and sentenced by any

United States magistrate judge specially

designated for that purpose by the court

by which he was appointed, in the same

manner and subject to the same conditions as provided for in section 3401(b) to

(e) of title 18. (16 U.S.C. 551)

Employees to be appointed without

regard to political affiliations

Forest inspectors, superintendents,

supervisors, surveyors, rangers, and fire

patrol are to be hereafter appointed by

the Secretary of Agriculture wholly with

reference to their fitness and without

regard for their political affiliations. (16

U.S.C. 554a)

Exportation of timber pulp wood and

wood pulp from Alaska

Sec. 2 Birch timber and pulp wood or

wood pulp manufactured from timber in

Alaska may be exported therefrom. (16

U.S.C. 615b)

Forest supervisors and rangers

Sec. 3 Forest supervisors and rangers

shall be selected, when practicable, from

qualified citizens of the States or Territories in which the national forests, respectively, are situated. (16 U.S.C. 554)

Rights-of-way for dams, reservoirs,

or water plants for municipal, mining,

and milling purposes

Sec. 4 Rights-of-way for the construction

and maintenance of dams, reservoirs,

water plants, ditches, flumes, pipes,

tunnels, and canals, within and across the

national forests of the United States, are

granted to citizens and corporations of the

United States for municipal or mining

purposes, and for the purposes of the

milling and reduction of ores, during the

period of their beneficial use, under such

rules and regulations as may be prescribed by the Secretary of the Interior,

and subject to the laws of the State or

Territory in which said forests are respectively situated. (16 U.S.C. 524)
6 Forest Service Land Base

Bankhead-Jones Farm Tenant Act

July 22, 1937 (Ch. 517, 50 Stat. 522; 7 U.S.C. 1000, 12 U.S.C.

84, 371, 7 U.S.C. 1010 to 1012, 1013a)

Subchapter III - Land Conservation

and Land Utilization

***

Land conservation and land

utilization

Sec. 31 The Secretary is authorized and

directed to develop a program of land

conservation and land utilization, in order

thereby to correct maladjustments in land

use, and thus assist in controlling soil

erosion, reforestation, preserving natural

resources, protecting fish and wildlife,

developing and protecting recreational

facilities, mitigating floods, preventing

impairment of dams and reservoirs,

developing energy resources, conserving

surface and subsurface moisture, protecting the watersheds of navigable streams,

and protecting the public lands, health,

safety, and welfare, but not to build

industrial parks or establish private

industrial or commercial enterprises. (7

U.S.C. 1010)

***

Powers of Secretary of Agriculture

Sec. 32 To effectuate the program

provided for in section 1010 of this title,

the Secretary is authorized –

(a) Repealed

(b) To protect, improve, develop, and

administer any property so acquired and

to construct such structures thereon as

may be necessary to adapt it to its most

beneficial use.

(c) To sell, exchange, lease, or otherwise

dispose of, with or without a consideration, any property so acquired, under

such terms and conditions as he deems

will best accomplish the purposes of this

subchapter, but any sale, exchange, or

grant shall be made only to public authorities and agencies and only on condition

that the property is used for public

purposes: Provided, however, That an

exchange may be made with private

owners and with subdivisions or agencies

of State governments in any case where

the Secretary of Agriculture finds that

such exchange would not conflict with the

purposes of the Act, and that the value of

the property received in exchange is

substantially equal to that of the property

conveyed. The Secretary may recommend to the President other Federal,

State, or Territorial agencies to administer

such property, together with the conditions of use and administration which will

best serve the purposes of a land-conservation and land-utilization program, and

the President is authorized to transfer

such property to such agencies.

(d) With respect to any land, or any

interest therein, acquired by, or transferred to, the Secretary for the purposes

of this subchapter, to make dedications or

grants, in his discretion, for any public
Forest Service Land Base 7

purpose, and to grant licenses and easements upon such terms as he deems

reasonable.

(e) To cooperate with Federal, State,

territorial, and other public agencies and

local nonprofit organizations in developing

plans for a program of land conservation

and land utilization or plans for the

conservation, development and utilization

of water for aquacultural purposes, to

assist in carrying out such plans by means

of loans to State and local public agencies

and local nonprofit organizations designated by the State legislature or the

Governor, to conduct surveys and investigations relating to conditions and factors

affecting, and the methods of accomplishing most effectively the purposes of this

subchapter, and to disseminate information concerning these activities. As used

in this subsection, the term “aquaculture”

means the culture or husbandry of aquatic

animals or plants. Loans to State and

local public agencies and to local nonprofit organizations shall be made only if

such plans have been submitted to, and

not disapproved within 45 days by, the

State agency having supervisory responsibility over such plans, or by the Governor

if there is no such State agency. No

appropriation shall be made for any single

loan under this subsection in excess of

$500,000 unless such loan has been

approved by resolutions adopted by the

Committee on Agriculture, Nutrition, and

Forestry of the Senate and the Committee

on Agriculture of the House of Representatives. A loan under this subsection shall

be made under a contract that provides,

under such terms and conditions as the

Secretary considers appropriate, for the

repayment of the loan in not more than 30

years, with interest at a rate not to

exceed the current market yield for

outstanding municipal obligations with

remaining periods to maturity comparable

to the average maturity for the loan,

adjusted to the nearest 1/8 of 1 percent.

Repayment of principal and interest on

such loans shall begin within 5 years. In

providing assistance for carrying out plans

developed under this subchapter, the

Secretary shall be authorized to bear such

proportionate share of the costs of

installing any works of improvement

applicable to public water-based fish and

wildlife or recreational development as is

determined by him to be equitable in

consideration of national needs and

assistance authorized for similar purposes

under other Federal programs: Provided,

That all engineering and other technical

assistance costs relating to such development may be borne by the Secretary:

Provided further, That when a State or

other public agency or local nonprofit

organization participating in a plan developed under this subchapter agrees to

operate and maintain any reservoir or

other area included in a plan for public

waterbased fish and wildlife or recreational development, the Secretary shall

be authorized to bear not to exceed onehalf of the costs of (a) the land, easements, or rights-of-way acquired or to be

acquired by the State or other public

agency or local nonprofit organization for

such reservoir or other area, and (b)

minimum basic facilities needed for public

health and safety, access to, and use of

such reservoir or other area for such

purposes: Provided further, That in no
8 Forest Service Land Base

event shall the Secretary share any

portion of the cost of installing more than

one such work of improvement for each

seventy-five thousand acres in any

project; and that any such public

waterbased fish and wildlife or

receptional development shall be consistent with any existing comprehensive

statewide outdoor recreation plan found

adequate for purposes of the Land and

Water Conservation Fund Act of 1965 (78

Stat. 897) (16 U.S.C. 460l-4 et seq.); and

that such cost-sharing assistance for any

such development shall be authorized only

if the Secretary determines that it cannot

be provided under other existing authority.

The Secretary shall also be authorized in

providing assistance for carrying out plans

developed under this subchapter:

(1) To provide technical and other

assistance, and to pay for any storage

of water for present or anticipated

future demands or needs for rural

community water supply included in any

reservoir structure constructed or

modified pursuant to such plans: Provided, That the cost of water storage to

meet future demands may not exceed

30 per centum of the total estimated

cost of such reservoir structure and the

public agency or local nonprofit organization shall give reasonable assurances,

and there is evidence, that such demands for the use of such storage will

be made within a period of time which

will permit repayment of the cost of

such water supply storage within the life

of the reservoir structure: Provided

further, That the public agency or local

nonprofit organization prior to initiation

or construction or modification of any

reservoir structure including water

supply storage, make provision satisfactory to the Secretary to pay for not less

than 50 per centum of the cost of

storage for present water supply

demands, and all of the cost of storage

for anticipated future demands: And

provided further, That the cost to be

borne by the public agency or local

nonprofit organization for anticipated

future demands may be repaid within

the life of the reservoir structure but in

no event to exceed fifty years after the

reservoir structure is first used for the

storage of water for anticipated future

water supply demands except that (1)

no payment on account of such cost

need be made until such supply is first

used, and (2) no interest shall be

charged on such cost until such supply

is first used, but in no case shall the

interest-free period exceed ten years.

The interest rate used for purposes of

computing the interest on the unpaid

balance shall be the average rate, as

determined by the Secretary of the

Treasury, payable by the Treasury upon

its marketable public obligations outstanding at the beginning of the fiscal

year in which the advancement for such

water supply is first made, which are

neither due nor callable for redemption

for fifteen years from date of issue;

(2) To provide, for the benefit of rural

communities, technical and other

assistance and such proportionate share

of the costs of installing measures and

facilities for water quality management,

for the control and abatement of
Forest Service Land Base 9

agriculture-related pollution, for the

disposal of solid wastes, and for the

storage of water in reservoirs, farm

ponds, or other impoundments, together

with necessary water withdrawal

appurtenances, for rural fire protection,

as is determined by the Secretary to be

equitable in consideration of national

needs and assistance authorized for

similar purposes under other Federal

programs.

(f) To make such rules and regulations as

he deems necessary to prevent trespasses and otherwise regulate the use

and occupancy of property acquired by,

or transferred to, the Secretary for the

purposes of this subchapter, in order to

conserve and utilize it or advance the

purposes of this subchapter. Any violation

of such rules and regulations shall be

punished by a fine of not more than $500

or imprisonment for not more than six

months, or both. Any person charged with

the violation of such rules and regulations

may be tried and sentenced by any

United States magistrate judge specially

designated for that purpose by the court

by which he was appointed, in the same

manner and subject to the same conditions as provided for in section 3401(b) to

(e) of title 18. (7 U.S.C. 1011)

Payments to counties

Sec. 33 As soon as practicable after the

end of each calendar year, the Secretary

shall pay to the county in which any land

is held by the Secretary under this

subchapter, 25 per centum of the net

revenues received by the Secretary from

the use of the land during such year. In

case the land is situated in more than one

county, the amount to be paid shall be

divided equitably among the respective

counties. Payments to counties under this

section shall be made on the condition

that they are used for school or road

purposes, or both. This section shall not

be construed to apply to amounts received from the sale of land. (7 U.S.C.

1012)

Benefits extended to Puerto Rico

and Virgin Islands; “county”

defined; payments to Governor or

fiscal agent of county

Sec. 35 The provisions of this title shall

extend to Puerto Rico and the Virgin

Islands. In the case of Alaska, Puerto

Rico, and the Virgin Islands, the term

“county” as used in this title may be the

entire area, or any subdivision thereof as

may be determined by the Secretary, and

payments under section 33 of this title

shall be made to the Governor or to the

fiscal agent of such subdivision. (7 U.S.C.

1013a)
10 Forest Service Land Base

Land and Water Conservation Fund Act

September 3, 1964 (Pub. L. 88-578, 78 Stat. 897; 16 U.S.C.

460l-4 note, 460l-4, 460l-5, 460d, 460l-6, 460l-6a, 460l-7 to

460l-10, 460l-10a to 460l-10d, 460l-11, 23 U.S.C. 120 note)

Effective date

Sec. 1(a) This Act shall become effective

on January 1, 1965. (16 U.S.C. 460l-4

notes)

Land and water conservation

provisions; statement of purposes

Sec. 1(b) The purposes of this part are to

assist in preserving, developing, and

assuring accessibility to all citizens of the

United States of America of present and

future generations and visitors who are

lawfully present within the boundaries of

the United States of America such quality

and quantity of outdoor recreation resources as may be available and are

necessary and desirable for individual

active participation in such recreation and

to strengthen the health and vitality of the

citizens of the United States by (1)

providing funds for and authorizing

Federal assistance to the States in

planning, acquisition, and development of

needed land and water areas and facilities

and (2) providing funds for the Federal

acquisition and development of certain

lands and other areas. (16 U.S.C. 460l-4)

Land and water conservation fund;

establishment; covering certain

revenues and collections into fund

Sec. 2 During the period ending September 30, 2015, there shall be covered into

the land and water conservation fund in

the Treasury of the United States, which

fund is hereby established and is hereinafter referred to as the “fund”, the following revenues and collections:

(a) Surplus property sales

All proceeds (except so much thereof as

may be otherwise obligated, credited, or

paid under authority of those provisions of

law set forth in section 485(b)(e), 1

 title

40, or the Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any

later appropriation Act) hereafter received from any disposal of surplus real

property and related personal property

under the Federal Property and Administrative Services Act of 1949, as amended

(40 U.S.C. 471 et seq.), notwithstanding

any provision of law that such proceeds

shall be credited to miscellaneous receipts

of the Treasury. Nothing in this part shall

affect existing laws or regulations concerning disposal of real or personal

surplus property to schools, hospitals, and

States and their political subdivisions.

(b) Motorboat fuels tax

The amounts provided for in section 460l11 of this title.

(c) Other revenues

(1) In addition to the sum of the revenues

and collections estimated by the Secre-
Forest Service Land Base 11

tary of the Interior to be covered into the

fund pursuant to this section, as amended,

there are authorized to be appropriated

annually to the fund out of any money in

the Treasury not otherwise appropriated

such amounts as are necessary to make

the income of the fund not less than

$300,000,000 for fiscal year 1977, and

$900,000,000 for fiscal year 1978 and for

each fiscal year thereafter through

September 30, 2015.

(2) To the extent that any such sums so

appropriated are not sufficient to make

the total annual income of the fund

equivalent to the amounts provided in

clause (1), an amount sufficient to cover

the remainder thereof shall be credited to

the fund from revenues due and payable

to the United States for deposit in the

Treasury as miscellaneous receipts under

the Outer Continental Shelf Lands Act, as

amended (43 U.S.C. 1331 et seq.):

Provided, That notwithstanding the

provisions of section 460l-6 of this title,

moneys covered into the fund under this

paragraph shall remain in the fund until

appropriated by the Congress to carry out

the purpose of this part. (16 U.S.C. 460l5)

1

 So in original. Probably should be

section “485(b)-(e)”.

Construction and operation of public

parks and recreational facilities in

water resource development

projects; lease of lands; preference

for use; penalty; application of

section 3401 of title 18; citations and

arrests with and without process;

limitations; disposition of receipts

Sec. 2(a) The Chief of Engineers, under

the supervision of the Secretary of the

Army, is authorized to construct, maintain,

and operate public park and recreational

facilities at water resource development

projects under the control of the Department of the Army, to permit the construction of such facilities by local interests

(particularly those to be operated and

maintained by such interests), and to

permit the maintenance and operation of

such facilities by local interests. The

Secretary of the Army is also authorized

to grant leases of lands, including structures or facilities thereon, at water

resource development projects for such

periods, and upon such terms and for

such purposes as he may deem reasonable in the public interest: Provided, That

leases to nonprofit organizations for park

or recreational purposes may be granted

at reduced or nominal considerations in

recognition of the public service to be

rendered in utilizing the leased premises:

Provided further, That preference shall be

given to Federal, State, or local governmental agencies, and licenses or leases

where appropriate, may be granted

without monetary considerations, to such

agencies for the use of all or any portion

of a project area for any public purpose,

when the Secretary of the Army determines such action to be in the public

interest, and for such periods of time and

upon such conditions as he may find

advisable: And provided further, That in

any such lease or license to a Federal,

State, or local governmental agency

which involves lands to be utilized for the

development and conservation of fish and

wildlife, forests, and other natural re-
12 Forest Service Land Base

sources, the licensee or lessee may be

authorized to cut timber and harvest crops

as may be necessary to further such

beneficial uses and to collect and utilize

the proceeds of any sales of timber and

crops in the development, conservation,

maintenance, and utilization of such lands.

Any balance of proceeds not so utilized

shall be paid to the United States at such

time or times as the Secretary of the

Army may determine appropriate. The

water areas of all such projects shall be

open to public use generally for boating,

swimming, bathing, fishing, and other

recreational purposes, and ready access

to and exit from such areas along the

shores of such projects shall be maintained for general public use, when such

use is determined by the Secretary of the

Army not to be contrary to the public

interest, all under such rules and regulations as the Secretary of the Army may

deem necessary, including but not limited

to prohibitions of dumping and unauthorized disposal in any manner of refuse,

garbage, rubbish, trash, debris, or litter of

any kind at such water resource development projects, either into the waters of

such projects or onto any land federally

owned and administered by the Chief of

Engineers. Any violation of such rules and

regulations shall be punished by a fine of

not more than $500 or imprisonment for

not more than six months, or both. Any

persons charged with the violation of such

rules and regulations may be tried and

sentenced in accordance with the provisions of section 3401 of title 18. All

persons designated by the Chief of

Engineers for that purpose shall have the

authority to issue a citation for violation of

the regulations adopted by the Secretary

of the Army, requiring the appearance of

any person charged with violation to

appear before the United States magistrate judge, within whose jurisdiction the

water resource development project is

located, for trial; and upon sworn information of any competent person any

United States magistrate judge in the

proper jurisdiction shall issue process for

the arrest of any person charged with the

violation of said regulations; but nothing

herein contained shall be construed as

preventing the arrest by any officer of the

United States, without process, of any

person taken in the act of violating said

regulations. No use of any area to which

this section applies shall be permitted

which is inconsistent with the laws for the

protection of fish and game of the State in

which such area is situated. All moneys

received by the United States for leases

or privileges shall be deposited in the

Treasury of the United States as miscellaneous receipts. (16 U.S.C. 460d)

Appropriations for expenditure of

land and water conservation fund

moneys; transfers to miscellaneous

receipts of Treasury

Sec. 3 Moneys covered into the fund

shall be available for expenditure for the

purposes of this part only when appropriated therefor. Such appropriations may be

made without fiscal-year limitation.

Moneys made available for obligation or

expenditure from the fund or from the

special account established under section

460l-6a(i)(1) of this title may be obligated

or expended only as provided in this part.
Forest Service Land Base 13

(16 U.S.C. 460l-6)

Admission and special recreation use

fees

Sec. 4 (a) Admission fees at designated

areas; “Golden Eagle Passport” annual

admission permit; single-visit fees; feefree travel areas; “Golden Age Passport”

annual entrance permit; lifetime admission

permit

Entrance or admission fees shall be

charged only at designated units of the

National Park System or National Conservation Areas administered by the

Department of the Interior and National

Recreation Areas, National Monuments,

National Volcanic Monuments, National

Scenic Areas, and no more than 21 areas

of concentrated public use administered

by the Department of Agriculture. For

purposes of this subsection, the term

“area of concentrated public use” means

an area that is managed primarily for

outdoor recreation purposes, contains at

least one major recreation attraction,

where facilities and services necessary to

accommodate heavy public use are

provided, and public access to the area is

provided in such a manner that admission

fees can be efficiently collected at one or

more centralized locations. No admission

fees of any kind shall be charged or

imposed for entrance into any other

federally owned areas which are operated and maintained by a Federal agency

and used for outdoor recreation purposes.

(1)(A)(i) For admission into any such

designated area, an annual admission

permit (to be known as the Golden

Eagle Passport) shall be available, for a

fee of not more than $25. The permittee

and any person accompanying him in a

single, private, noncommercial vehicle,

or alternatively, the permittee and his

spouse, children, and parents accompanying him where entry to the area is by

any means other than private, noncommercial vehicle, shall be entitled to

general admission into any area designated pursuant to this subsection. The

annual permit shall be valid for a period

of 12 months from the date the annual

fee is paid. The annual permit shall not

authorize any uses for which additional

fees are charged pursuant to subsections (b) and (c) of this section. The

annual permit shall be nontransferable

and the unlawful use thereof shall be

punishable in accordance with regulations established pursuant to subsection

(e) of this section. The annual permit

shall be available for purchase at any

such designated area.

(ii) The Secretary of the Interior and

the Secretary of Agriculture may

authorize businesses, nonprofit

entities, and other organizations to

sell and collect fees for the Golden

Eagle Passport subject to such terms

and conditions as the Secretaries

may jointly prescribe. The Secretaries shall develop detailed guidelines

for promotional advertising of nonFederal Golden Eagle Passport sales

and shall monitor compliance with

such guidelines. The Secretaries

may authorize the sellers to withhold

amounts up to, but not exceeding 8

percent of the gross fees collected

from the sale of such passports as
14 Forest Service Land Base

reimbursement for actual expenses

of the sales. Receipts from such

non-Federal sales of the Golden

Eagle Passport shall be deposited

into the special account established

in subsection (i) of this section, to be

allocated between the Secretary of

the Interior and the Secretary of

Agriculture in the same ratio as

receipts from admission into Federal

fee areas administered by the

Secretary of Agriculture and the

Secretary of the Interior pursuant to

subsection (a) of this section.

(B) For admission into a specific

designated unit of the National Park

System, or into several specific units

located in a particular geographic area,

the Secretary is authorized to make

available an annual admission permit

for a reasonable fee. The fee shall not

exceed $15 regardless of how many

units of the park system are covered.

The permit shall convey the privileges

of, and shall be subject to the same

terms and conditions as, the Golden

Eagle Passport, except that it shall be

valid only for admission into the

specific unit or units of the National

Park System indicated at the time of

purchase.

(2) Reasonable admission fees for a

single visit at any designated area shall

be established by the administering

Secretary for persons who choose not

to purchase the annual permit. A “single

visit” means a more or less continuous

stay within a designated area. Payment

of a single visit admission fee shall

authorize exits from and reentries to a

single designated area for a period of

from one to fifteen days, such period to

be defined for each designated area by

the administering Secretary based upon

a determination of the period of time

reasonably and ordinarily necessary for

such a single visit. The fee for a singlevisit permit at any designated area

applicable to those persons entering by

private, noncommercial vehicle shall be

no more than $5 per vehicle. The singlevisit permit shall admit the permittee and

all persons accompanying him in a

single vehicle. The fee for a single-visit

permit at any designated area applicable

to those persons entering by any means

other than a private noncommercial

vehicle shall be no more than $3 per

person. Except as otherwise provided in

this subsection, the maximum fee

amounts set forth in this paragraph shall

apply to all designated areas.

(3) No admission fee shall be charged

for travel by private, non-commercial

vehicle over any national parkway or

any road or highway established as a

part of the National Federal Aid System,

as defined in section 101 of title 23,

which is commonly used by the public

as a means of travel between two

places either or both of which are

outside the area. Nor shall any fee be

charged for travel by private, noncommercial vehicle over any road or

highway to any land in which such

person has any property right if such

land is within any such designated area.

In the Smoky Mountains National Park,

unless fees are charged for entrance

into said park on main highways and
Forest Service Land Base 15

thoroughfares, fees shall not be charged

for entrance on other routes into said

park or any part thereof. Notwithstanding any other provision of this part, no

admission fee may be charged at any

unit of the National Park System which

provides significant outdoor recreation

opportunities in an urban environment

and to which access is publicly available

at multiple locations.

(4) The Secretary of the Interior and

the Secretary of Agriculture shall

establish procedures providing for the

issuance of a lifetime admission permit

(to be known as the “Golden Age

Passport”) to any citizen of, or person

domiciled in, the United States sixty-two

years of age or older applying for such

permit. Such permit shall be nontransferable, shall be issued for a one-time

charge of $10, and shall entitle the

permittee and any person accompanying

him in a single, private, noncommercial

vehicle, or alternatively, the permittee

and his spouse and children accompanying him where entry to the area is by

any means other than private, noncommercial vehicle, to general admission

into any area designated pursuant to this

subsection. No other free permits shall

be issued to any person: Provided, That

no fees of any kind shall be collected

from any persons who have a right of

access for hunting or fishing privileges

under a specific provision of law or

treaty or who are engaged in the

conduct of official Federal, State, or

local Government business and Provided further, That for no more than

three years after the date of enactment

of this Act, visitors to the United States

will be granted entrance, without

charge, to any designated admission fee

area upon presentation of a valid

passport.

(5) The Secretary of the Interior and

the Secretary of Agriculture shall

establish procedures providing for the

issuance of a lifetime admission permit

to any citizen of, or person domiciled in,

the United States, if such citizen or

person applies for such permit, and is

blind or permanently disabled. Such

procedures shall assure that such permit

shall be issued only to persons who

have been medically determined to be

blind or permanently disabled for

purposes of receiving benefits under

Federal law as a result of said blindness

or permanent disability as determined by

the Secretaries. Such permit shall be

nontransferable, shall be issued without

charge, and shall entitle the permittee

and any person accompanying him in a

single, private, noncommercial vehicle,

or alternatively, the permittee and his

spouse and children accompanying him

where entry to the area is by any means

other than private, noncommercial

vehicle, to general admission into any

area designated pursuant to this subsection.

***

(b) Recreation use fees; collection;

campgrounds at lakes or reservoirs under

jurisdiction of Corps of Engineers; fees

for Golden Age Passport permittees

Each Federal agency developing, administering, providing or furnishing at Federal
16 Forest Service Land Base

expense, specialized outdoor recreation

sites, facilities, equipment, or services

shall, in accordance with this subsection

and subsection (d) of this section, provide

for the collection of daily recreation use

fees at the place of use or any reasonably

convenient location: Provided, That in no

event shall there be a charge by any such

agency for the use, either singly or in any

combination, of drinking water, wayside

exhibits, roads, overlook sites, visitors’

centers, scenic drives, or toilet facilities,

nor shall there be any such charge solely

for the use of picnic tables: Provided,

That in no event shall there be a charge

for the use of any campground not having

a majority of the following: tent or trailer

spaces, picnic tables, drinking water,

access road, refuse containers, toilet

facilities, personal collection of the fee by

an employee or agent of the Federal

agency operating the facility, reasonable

visitor protection, and simple devices for

containing a campfire (where campfires

are permitted). For the purposes of this

subsection, the term “specialized outdoor

recreation sites” includes, but is not

limited to, campgrounds, swimming sites,

boat launch facilities, and managed

parking lots. Any Golden Age Passport

permittee, or permittee under paragraph

(5) of subsection (a) of this section, shall

be entitled upon presentation of such

permit to utilize such special recreation

facilities at a rate of 50 per centum of the

established use fee.

(c) Special recreation permits

Special recreation permits for uses such

as group activities, recreation events,

motorized recreation vehicles, and other

specialized recreation uses may be issued

in accordance with procedures and at

fees established by the agency involved.

(d) Criteria, posting and uniformity of fees

All fees established pursuant to this

section shall be fair and equitable, taking

into consideration the direct and indirect

cost to the Government, the benefits to

the recipient, the public policy or interest

served, the comparable recreation fees

charged by non-Federal public agencies,

the economic and administrative feasibility of fee collection and other pertinent

factors. Clear notice that a fee has been

established pursuant to this section shall

be prominently posted at each area and at

appropriate locations therein and shall be

included in publications distributed at such

areas. It is the intent of this part that

comparable fees should be charged by

the several Federal agencies for comparable services and facilities.

(e) Rules and regulations; establishment;

enforcement powers; penalty for violations

In accordance with the provisions of this

section, the heads of appropriate departments and agencies may prescribe rules

and regulations for areas under their

administration for the collection of any

fee established pursuant to this section.

Persons authorized by the heads of such

Federal agencies to enforce any such

rules or regulations issued under this

subsection may, within areas under the

administration or authority of such agency

head and with or, if the offense is committed in his presence, without a warrant,

arrest any person who violates such rules
Forest Service Land Base 17

and regulations. Any person so arrested

may be tried and sentenced by the United

States magistrate judge specifically

designated for that purpose by the court

by which he was appointed, in the same

manner and subject to the same conditions as provided in subsections (b), (c),

(d), and (e) of section 3401 of title 18.

Any violations of the rules and regulations

issued under this subsection shall be

punishable by a fine of not more than

$100.

(f) Contracts with public or private

entities for visitor reservation services

The head of any Federal agency, under

such terms and conditions as he deems

appropriate, may contract with any public

or private entity to provide visitor reservation services. Any such contract may

provide that the contractor shall be

permitted to deduct a commission to be

fixed by the agency head from the

amount charged the public for providing

such services and to remit the net proceeds therefrom to the contracting

agency.

(g) Federal and State laws unaffected

Nothing in this part shall authorize Federal

hunting or fishing licenses or fees or

charges for commercial or other activities

not related to recreation, nor shall it affect

any rights or authority of the States with

respect to fish and wildlife, nor shall it

repeal or modify any provision of law that

permits States or political subdivisions to

share in the revenues from Federal lands

or any provision of law that provides that

any fees or charges collected at particular

Federal areas shall be used for or credited to specific purposes or special funds

as authorized by that provision of law.

(h) Repealed

(i) Covering of fees collected into special

account for agency established in Treasury; covered agencies; availability of

funds; allocation of National Park Service

funds

(1)(A) Except in the case of fees

collected by the United States Fish and

Wildlife Service or the Tennessee Valley

Authority, all receipts from fees collected pursuant to this section by any

Federal agency (or by any public or

private entity under contract with a

Federal agency) shall be covered into a

special account for that agency established in the Treasury of the United

States. Fees collected by the Secretary

of Agriculture pursuant to this subsection shall continue to be available for the

purposes of distribution to States and

counties in accordance with applicable

law.

(B) Notwithstanding subparagraph

(A), in any fiscal year, the Secretary

of Agriculture and the Secretary of the

Interior may withhold from the special

account established under subparagraph (A) such portion of all receipts

collected from fees imposed under this

section in such fiscal year as the

Secretary of Agriculture or the

Secretary of the Interior, as appropriate, determines to be equal to the fee

collection costs for that fiscal year:

Provided, That such costs shall not

exceed 15 percent of all receipts

collected from fees imposed under this
18 Forest Service Land Base

section in that fiscal year. The

amounts so withheld shall be retained

by the Secretary of Agriculture or the

Secretary of the Interior, as appropriate, and shall be available, without

further appropriation, for expenditure

by the Secretary concerned to cover

fee collection costs in that fiscal year.

The Secretary concerned shall deposit

into the special account established

pursuant to subparagraph (A) any

amounts so retained which remain

unexpended and unobligated at the end

of the fiscal year. For the purposes of

this subparagraph, for any fiscal year,

the term “fee collection costs” means

those costs for personnel and infrastructure directly associated with the

collection of fees imposed under this

section.

(C) Units at which entrance fees or

admissions fees cannot be collected. –

(i) Withholding of amounts. - Notwithstanding subparagraph (A),

section 315(c) of section 101(c) of

the Omnibus Consolidated Recessions and Appropriations Act of 1996

(16 U.S.C. 460l-6a note; Public Law

104-134), or section 107 of the

Department of the Interior and

Related Agencies Appropriations

Act, 1998 (16 U.S.C. 460l-6a note;

Public Law 105-83), the Secretary

of the Interior shall withhold from

the special account under subparagraph (A) 100 percent of the fees

and charges collected in connection

with any unit of the National Park

System at which entrance fees or

admission fees cannot be collected

by reason of deed restrictions.

(ii) Use of amounts. - Amounts

withheld under clause (i) shall be

retained by the Secretary and shall

be available, without further Act of

appropriation, for expenditure by the

Secretary for the unit with respect to

which the amounts were collected

for the purposes of enhancing the

quality of the visitor experience,

protection of resources, repair and

maintenance, interpretation, signage,

habitat or facility enhancement,

resource preservation, annual

operation (including fee collection),

maintenance, and law enforcement.

(2) Amounts covered into the special

account for each agency during each

fiscal year shall, after the end of such

fiscal year, be available for appropriation solely for the purposes and in the

manner provided in this subsection. No

funds shall be transferred from fee

receipts made available under this part

to each unit of the national park system:

2

 Provided, however, That in making

appropriations, funds derived from such

fees may be used for any purpose

authorized therein. Funds credited to the

special account shall remain available

until expended.

(3) For agencies other than the National

Park Service, such funds shall be made

available for resource protection,

research, interpretation, and maintenance activities related to resource

protection in areas managed by that

agency at which outdoor recreation is

available. To the extent feasible, such
Forest Service Land Base 19

funds should be used for purposes (as

provided for in this paragraph) which

are directly related to the activities

which generated the funds, including but

not limited to water-based recreational

activities and camping.

***

(k) Selling of permits and collection of

fees by volunteers at designated areas;

collecting agency duties; surety bonds;

selling of annual admission permits by

public and private entities under arrangements with collecting agency head

When authorized by the head of the

collecting agency, volunteers at designated areas may sell permits and collect

fees authorized or established pursuant to

this section. The head of such agency

shall ensure that such volunteers have

adequate training regarding -

(1) the sale of permits and the collection

of fees,

(2) the purposes and resources of the

areas in which they are assigned, and

(3) the provision of assistance and

information to visitors to the designated

area. The Secretary shall require a

surety bond for any such volunteer

performing services under this subsection. Funds available to the collecting

agency may be used to cover the cost

of any such surety bond. The head of

the collecting agency may enter into

arrangements with qualified public or

private entities pursuant to which such

entities may sell (without cost to the

United States) annual admission permits

(including Golden Eagle Passports) at

any appropriate location. Such arrangements shall require each such entity to

reimburse the United States for the full

amount to be received from the sale of

such permits at or before the agency

delivers the permits to such entity for

sale. (16 U.S.C. 460l-6a)

2

 So in original. Probably should be

“National Park System:”.

***

Allocation of land and water

conservation fund for State and

Federal purposes

Sec. 5 There shall be submitted with the

annual budget of the United States a

comprehensive statement of estimated

requirements during the ensuing fiscal

year for appropriations from the fund.

Not less than 40 per centum of such

appropriations shall be available for

Federal purposes. Those appropriations

from the fund up to and including

$600,000,000 in fiscal year 1978 and up to

and including $750,000,000 in fiscal year

1979 shall continue to be allocated in

accordance with this section. There shall

be credited to a special account within the

fund $300,000,000 in fiscal year 1978 and

$150,000,000 in fiscal year 1979 from the

amounts authorized by section 460l-5 of

this title. Amounts credited to this account

shall remain in the account until appropriated. Appropriations from the special

account shall be available only with

respect to areas existing and authorizations enacted prior to the convening of the

Ninety-fifth Congress, for acquisition of

lands, waters, or interests in lands or
20 Forest Service Land Base

waters within the exterior boundaries, as

aforesaid, of -

(1) the national park system;

(2) national scenic trails;

(3) the national wilderness preservation

system;

(4) federally administered components

of the National Wild and Scenic Rivers

System; and

(5) national recreation areas administered by the Secretary of Agriculture.

(16 U.S.C. 460l-7)

***

Allocation of land and water

conservation fund moneys for

Federal purposes

Sec. 7 (a) Allowable purposes and

subpurposes; acquisition of land and

waters and interests therein; offset for

specified capital costs

Moneys appropriated from the fund for

Federal purposes shall, unless otherwise

allotted in the appropriation Act making

them available, be allotted by the President to the following purposes and

subpurposes:

(1) For the acquisition of land, waters,

or interests in land or waters as follows:

National Park System; recreation areas

- Within the exterior boundaries of areas

of the National Park System now or

hereafter authorized or established and

of areas now or hereafter authorized to

be administered by the Secretary of the

Interior for outdoor recreation purposes.

National Forest System - Inholdings

within (a) wilderness areas of the

National Forest System, and (b) other

areas of national forests as the boundaries of those forests exist on the

effective date of this Act, or purchase

units approved by the National Forest

Reservation Commission subsequent to

the date of this Act, all of which other

areas are primarily of value for outdoor

recreation purposes: Provided, That

lands outside of but adjacent to an

existing national forest boundary, not to

exceed three thousand acres in the case

of any one forest, which would comprise an integral part of a forest recreational management area may also be

acquired with moneys appropriated

from this fund: Provided further, That

except for areas specifically authorized

by Act of Congress, not more than 15

per centum of the acreage added to the

National Forest System pursuant to this

section shall be west of the 100th

meridian.

National Wildlife Refuge System -

Acquisition for (a) endangered species

and threatened species authorized under

section 1534(a) of this title; (b) areas

authorized by section 460k-1 of this title;

(c) national wildlife refuge areas under

section 742f(a)(4) of this title and

wetlands acquired under section 3922 of

this title; (d) any areas authorized for

the National Wildlife Refuge System by

specific Acts.

(2) For payment into miscellaneous

receipts of the Treasury as a partial

offset for those capital costs, if any, of

Federal water development projects
Forest Service Land Base 21

hereafter authorized to be constructed

by or pursuant to an Act of Congress

which are allocated to public recreation

and the enhancement of fish and

wildlife values and financed through

appropriations to water resource

agencies.

(3) Appropriations allotted for the

acquisition of land, waters, or interests

in land or waters as set forth under the

headings “National Park System;

Recreation Areas” and “National Forest

System” in paragraph (1) of this subsection shall be available therefor

notwithstanding any statutory ceiling on

such appropriations contained in any

other provision of law enacted prior to

the convening of the Ninety-fifth

Congress or, in the case of national

recreation areas, prior to the convening

of the Ninety-sixth Congress; except

that for any such area expenditures may

not exceed a statutory ceiling during any

one fiscal year by 10 per centum of

such ceiling or $1,000,000, whichever is

greater.

(b) Acquisition restrictions

Appropriations from the fund pursuant to

this section shall not be used for acquisition unless such acquisition is otherwise

authorized by law: Provided, however,

That appropriations from the fund may be

used for preacquisition work in instances

where authorization is imminent and

where substantial monetary savings could

be realized. (16 U.S.C. 460l-9)

***

Availability of land and water

conservation fund for publicity

purposes; standardized temporary

signing; standards and guidelines

Sec. 8 Moneys derived from the sources

listed in section 460l-5 of this title shall not

be available for publicity purposes:

Provided, however, That in each case

where significant acquisition or development is initiated, appropriate standardized

temporary signing shall be located on or

near the affected site, to the extent

feasible, so as to indicate the action taken

is a product of funding made available

through the Land and Water Conservation

Fund. Such signing may indicate the per

centum and dollar amounts financed by

Federal and non-Federal funds, and that

the source of the funding includes moneys

derived from Outer Continental Shelf

receipts. The Secretary shall prescribe

standards and guidelines for the usage of

such signing to assure consistency of

design and application. (16 U.S.C. 460l10)

Contracts for acquisition of lands

and waters

Sec. 9 Not to exceed $30,000,000 of the

money authorized to be appropriated from

the fund by section 460l-6 of this title may

be obligated by contract during each

fiscal year for the acquisition of lands,

waters, or interests therein within areas

specified in section 460l-9(a)(1) of this

title. Any such contract may be executed

by the head of the department concerned,

within limitations prescribed by the

Secretary of the Interior. Any such

contract so entered into shall be deemed

a contractual obligation of the United
22 Forest Service Land Base

States and shall be liquidated with money

appropriated from the fund specifically

for liquidation of such contract obligation.

No contract may be entered into for the

acquisition of property pursuant to this

section unless such acquisition is otherwise authorized by Federal law. (16

U.S.C. 460l-10a)

***

Repeal of provisions prohibiting

collection of recreation fees or user

charges

Sec. 11 All provisions of law that prohibit

the collection of entrance, admission, or

other recreation user fees or charges

authorized by this part or that restrict the

expenditure of funds if such fees or

charges are collected are hereby repealed: Provided, That no provision of any

law or treaty which extends to any person

or class of persons a right of free access

to the shoreline of any reservoir or other

body of water, or to hunting and fishing

along or on such shoreline, shall be

affected by this repealer. (16 U.S.C.

460l-10c)

Land and Water Conservation Fund

Sec. 12 Within one year of September

28, 1976, the Secretary is authorized and

directed to submit to the Committees on

Interior and Insular Affairs of the Senate

and House of Representatives a comprehensive review and report on the needs,

problems, and opportunities associated

with urban recreation in highly populated

regions, including the resources potentially

available for meeting such needs. The

report shall include site specific analyses

and alternatives, in a selection of geographic environments representative of

the Nation as a whole, including, but not

limited to, information on needs, local

capabilities for action, major site opportunities, trends, and a full range of options

and alternatives as to possible solutions

and courses of action designed to preserve remaining open space, ameliorate

recreational deficiency, and enhance

recreational opportunity for urban populations, together with an analysis of the

capability of the Federal Government to

provide urban-oriented environmental

education programs (including, but not

limited to, cultural programs in the arts

and crafts) within such options. The

Secretary shall consult with, and request

the views of, the affected cities, counties,

and States on the alternatives and courses

of action identified. (16 U.S.C. 460l-10d)

Transfers to and from land and water

conservation fund

Sec. 201 (a) Motorboat fuel taxes from

highway trust fund into conservation fund

There shall be set aside in the land and

water conservation fund in the Treasury

of the United States provided for in this

part the amounts specified in section

9503(c)(4)(B) of title 26 (relating to

special motor fuels and gasoline used in

motorboats).

(b) Refunds of gasoline taxes for certain

nonhighway purposes or used by local

transit systems and motorboat fuel taxes

from conservation fund into general fund

of Treasury

There shall be paid from time to time
Forest Service Land Base 23

from the land and water conservation

fund into the general fund of the Treasury

amounts estimated by the Secretary of

the Treasury as equivalent to -

(1) the amounts paid before October 1,

2004, under section 6421 of title 26

(relating to amounts paid in respect of

gasoline used for certain nonhighway

purposes or by local transit systems)

with respect to gasoline used after

December 31, 1964, in motorboats, on

the basis of claims filed for periods

ending before October 1, 2003; and

(2) 80 percent of the floor stocks

refunds made before October 1, 2004,

under section 6412(a)(2) of title 26 with

respect to gasoline to be used in motorboats. (16 U.S.C. 460l-11)
24 Forest Service Land Base

Weeks Law

March 1, 1911 (Ch. 186, 36 Stat. 961; 16 U.S.C. 552, 563,

515, 516, 517, 517a, 518, 519, 521, 480, 500)

Consent to agreement by States for

conservation of forests and water

supply

Sec. 1 Consent of the Congress of the

United States is given to each of the

several States of the Union to enter into

any agreement or compact, not in conflict

with any law of the United States, with

any other State or States for the purpose

of conserving the forests and the water

supply of the States entering into such

agreement or compact. (16 U.S.C. 552)

Cooperation with States for fire

protection on private or State forest

lands upon the watersheds of

navigable rivers

Sec. 2 The Secretary of Agriculture is

authorized, and on such conditions as he

deems wise, to stipulate and agree with

any State or group of States to cooperate

in the organization and maintenance of a

system of fire protection on any private or

State forest lands within such State or

States and situated upon the watershed of

a navigable river. No such stipulation or

agreement shall be made with any State

which has not provided by law for a

system of forest-fire protection. In no

case shall the amount expended in any

State exceed in any fiscal year the

amount appropriated by that State for the

same purpose during the same fiscal year.

(16 U.S.C. 563)

Examination, location, and purchase

of forested, cut-over, or denuded

lands; consent of State legislature to

acquisition of land by the United

States

Sec. 6 The Secretary of Agriculture is

hereby authorized and directed to examine, locate, and purchase such forested,

cut-over, or denuded lands within the

watersheds of navigable streams as in his

judgment may be necessary to the

regulation of the flow of navigable

streams or for the production of timber.

No deed or other instrument of conveyance of lands referred to herein shall be

accepted or approved by the Secretary of

Agriculture under this Act until the

legislature of the State in which the land

lies shall have consented to the acquisition

of such land by the United States for the

purpose of preserving the navigability of

navigable streams. (16 U.S.C. 515)

Exchange of lands in the public

interest; equal value; cutting and

removing timber; publication of

contemplated exchange

Sec. 7 Agriculture is hereby authorized, in

his discretion, to accept on behalf of the

United States title to any lands within the

exterior boundaries of national forests

which, in his opinion, are chiefly valuable

for the purposes of this Act, and in

exchange therefor to convey by deed not

to exceed an equal value of such national
Forest Service Land Base 25

forest land in the same State, or he may

authorize the grantor to cut and remove

an equal value of timber within such

national forests in the same State, the

values in each case to be determined by

him: Provided, That before any such

exchange is effected notice of the

contemplated exchange reciting the lands

involved shall be published once each

week for four successive weeks in some

newspaper of general circulation in the

county or counties in which may be

situated the lands to be accepted, and in

some like newspaper published in any

county in which may be situated any

lands or timber to be given in such

exchange. Timber given in such exchanges shall be cut and removed under

the laws and regulations relating to such

national forests, and under the direction

and supervision and in accordance with

the requirements of the Secretary of

Agriculture. Lands so accepted by the

Secretary of Agriculture shall, upon

acceptance, become parts of the national

forests within whose exterior boundaries

they are located, and be subjected to all

provisions of this Act. (16 U.S.C. 516)

Title to lands to be acquired

Sec. 8 The Secretary of Agriculture may

do all things necessary to secure the safe

title in the United States to the lands to be

acquired under this Act, but no payment

shall be made for any such lands until the

title shall be satisfactory to the Attorney

General or his designee and shall be

vested in the United States. (16 U.S.C.

517)

In condemnation proceedings, heretofore

or hereafter prosecuted, for the acquisition of lands under this Act, in which a

decree is entered vesting title thereto in

the United States upon payment of the

award into the registry of the court, the

Secretary of Agriculture is authorized to

make such payment when advised by the

Attorney General that the proceedings

and the decree are regular. (16 U.S.C.

517a)

Acquisition of lands not defeated by

rights-of-way, easements, and

reservations

Sec. 9 Such acquisition by the United

States shall in no case be defeated

because of located or defined rights of

way, easements, and reservations, which,

from their nature will, in the opinion of the

Secretary of Agriculture, in no manner

interfere with the use of the lands so

encumbered, for the purposes of this Act.

Such rights of way, easements, and

reservations retained by the owner from

whom the United States receives title,

shall be subject to the rules and regulations prescribed by the Secretary of

Agriculture for their occupation, use,

operation, protection, and administration,

and such rules and regulations shall be

expressed in and made part of the written

instrument conveying title to the lands to

the United States; and the use, occupation, and operation of such rights of way,

easements, and reservations shall be

under, subject to, and in obedience with

the rules and regulations so expressed.

(16 U.S.C. 518)

Agricultural lands included in tracts

acquired; sale for homesteads
26 Forest Service Land Base

Sec. 10 Inasmuch as small areas of land

chiefly valuable for agriculture may of

necessity or by inadvertence be included

in tracts acquired under this Act, the

Secretary of Agriculture may, in his

discretion, and he is authorized, upon

application or otherwise, to examine and

ascertain the location and extent of such

areas as in his opinion may be occupied

for agricultural purposes without injury to

the forests or to stream flow and which

are not needed for public purposes, and

may list and describe the same by metes

and bounds, or otherwise, and offer them

for sale as homesteads at their true value,

to be fixed by him, to actual settlers, in

tracts not exceeding eighty acres, in area,

under such rules and regulations as he

may prescribe; and in case of such sale

the jurisdiction over the lands sold shall,

ipso facto, revert to the State in which the

lands sold lie. And no right, title, interest,

or claim in or to any lands acquired under

this Act, or the waters thereon, or the

products, resources, or use thereof after

such lands shall have been so acquired,

shall be initiated or perfected, except as in

this section provided. (16 U.S.C. 519)

Lands acquired to be reserved, held,

and administered as national forest

lands; designation

Sec. 11 Subject to the provisions of

section 519 of this title the lands acquired

under this Act shall be permanently

reserved, held, and administered as

national forest lands under the provisions

of section 471 (repealed) of this title and

acts supplemental to and amendatory

thereof. And the Secretary of Agriculture

may from time to time divide the lands

acquired under this Act into such specific

national forests and so designate the

same as he may deem best for administrative purposes. (16 U.S.C. 521)

Civil and criminal jurisdiction

Sec. 12 The jurisdiction, both civil and

criminal, over persons within national

forests shall not be affected or changed

by reason of their existence, except so far

as the punishment of offenses against the

United States therein is concerned; the

intent and meaning of this provision being

that the State wherein any such national

forest is situated shall not, by reason of

the establishment thereof, lose its jurisdiction, nor the inhabitants thereof their

rights and privileges as citizens, or be

absolved from their duties as citizens of

the State. (16 U.S.C. 480)

Payment and evaluation of receipts

to State or Territory for schools and

roads; moneys received; projections

of revenues and estimated payments

Sec. 13 On and after May 23, 1908,

twenty-five per centum of all moneys

received during any fiscal year from each

national forest shall be paid, at the end of

such year, by the Secretary of the Treasury to the State or Territory in which

such national forest is situated, to be

expended as the State or Territorial

legislature may prescribe for the benefit

of the public schools and public roads of

the county or counties in which such

national forest is situated: Provided, That

when any national forest is in more than

one State or Territory or county the

distributive share to each from the
Forest Service Land Base 27

proceeds of such forest shall be proportional to its area therein.

In sales of logs, ties, poles, posts,

cordwood, pulpwood, and other forest

products the amounts made available for

schools and roads by this section shall be

based upon the stumpage value of the

timber.

Beginning October 1, 1976, the term

“moneys received” shall include all

collections under the Act of June 9, 1930,

and all amounts earned or allowed any

purchaser of national forest timber and

other forest products within such State as

purchaser credits, for the construction of

roads on the National Forest Transportation System within such national forests

or parts thereof in connection with any

Forest Service timber sales contract. The

Secretary of Agriculture shall, from time

to time as he goes through his process of

developing the budget revenue estimates,

make available to the States his current

projections of revenues and payments

estimated to be made under the Act of

May 23, 1908, as amended, or any other

special Acts making payments in lieu of

taxes, for their use for local budget

planning purposes. (16 U.S.C. 500)
28 Forest Service Land Base

Weeks Act Status of Certain Lands

September 2, 1958 (Pub. L. 85-862, 72 Stat. 1571; 16 U.S.C.

521a)

Administration, management, and

consolidation of certain lands

In order to facilitate the administration,

management, and consolidation of the

national forests, all lands of the United

States within the exterior boundaries of

national forests which were or hereafter

are acquired for or in connection with the

national forests or transferred to the

Forest Service, Department of Agriculture, for administration and protection

substantially in accordance with national

forest regulations, policies, and procedures, excepting (a) lands reserved from

the public domain or acquired pursuant to

laws authorizing the exchange of land or

timber reserved from or part of the public

domain, and (b) lands within the official

limits of towns or cities, notwithstanding

the provisions of any other Act, are made

subject to the Weeks Act of March 1,

1911 (36 Stat. 961), as amended, and to

all laws, rules, and regulations applicable

to national forest lands acquired thereunder: Provided, That nothing in this section

shall be construed as (1) affecting the

status of lands administered by the

Secretary of Agriculture under the Act of

June 24, 1954 (68 Stat. 270), and which

are revested Oregon and California

Railroad grant lands, administered as

national forest lands, or (2) changing the

disposition of revenues from or authorizing the exchange of the lands, or the

timber thereon, described in the Act of

February 11, 1920 (Ch. 69, 41 Stat. 405),

the Act of September 22, 1922 (Ch. 407,

42 Stat. 1019), and the Act of June 4,

1936 (Ch. 494, 49 Stat. 1460). (16 U.S.C.

521a)
Forest Service Land Base 29

Interchange with Department of Defense

July 26, 1956 (Ch. 736, 70 Stat. 656; 16 U.S.C. 505a, 505b)

Sec. 1 The Secretary of Agriculture with

respect to National Forest System lands

and the Secretary of a military department with respect to lands under the

control of the military department which

lie within or adjacent to the exterior

boundaries of a unit of the National

Forest System are authorized, subject to

any applicable provisions of the Federal

Property and Administrative Services Act

of 1949, as amended (40 U.S.C. 471 et

seq.), to interchange such lands, or any

part thereof, without reimbursement or

transfer of funds whenever they shall

determine that such interchange will

facilitate land management and will

provide maximum use thereof for authorized purposes: Provided, That no such

interchange of lands shall become effective until forty-five days (counting only

days occurring during any regular or

special session of the Congress) after the

submission to the Congress by the

respective Secretaries of notice of

intention to make the interchange. (16

U.S.C. 505a)

Sec. 2 Any National Forest System lands

which are transferred to a military

department in accordance with this

section and section 505a of this title shall

be thereafter subject only to the laws

applicable to other lands within the

military installation or other public works

project for which such lands are required

and any lands which are transferred to

the Department of Agriculture in accordance with this section and section 505a

of this title shall become subject to the

laws applicable to lands acquired under

the Act of March 1, 1911 (36 Stat. 961),

as amended. Lands interchanged under

the authority of this section and section

505a of this title shall be deemed to

include interests in lands. (16 U.S.C.

505b)
30 Forest Service Land Base

Sisk Act

December 4, 1967 (Pub. L. 90-171, 81 Stat. 531; 16 U.S.C.

The provisions of this section shall not be

applicable to the conveyance in exchange

of more than eighty acres to any one

State, county, or municipal government or

public school district or other public

school authority. Lands may be conveyed

to any State, county, or municipal government pursuant to this section only if the

lands were being utilized by such entities

on January 12, 1983. Lands so conveyed

may be used only for the purposes for

which they were being used prior to

conveyance. (16 U.S.C. 484a)

484a)

Exchange of lands in national

forests; public schools; deposit of

funds by school authority with

insufficient exchange land;

limitations on use

Whenever an exchange of land is proposed by a State, county, or municipal

government or public school district or

other public school authority under

sections 485 and 486 of this title or other

authority under which the Secretary of

Agriculture is authorized to exchange

national forest lands or other lands

administered by the Forest Service, if the

State, county, or municipal government or

public school authority proposing the

exchange has insufficient land to offer,

the exchange may be completed upon

deposit with the Secretary of Agriculture

of a portion or all of the value of the

selected land. Any amount so deposited

shall be covered into a special fund in the

Treasury which when appropriated shall

be available until expended by the Secretary of Agriculture for the acquisition of

lands in the same State as the selected

lands and which are determined by him to

be suitable for the same purposes as the

selected lands. Lands so acquired shall

have the same status and shall be subject

to the same laws, regulations, and rules as

the selected lands.
Forest Service Land Base 31

General Exchange Act

March 20, 1922 (Ch. 105, 42 Stat. 465; 16 U.S.C. 485, 486)

Exchange of lands in national

forests; cutting timber in national

forests in exchange for lands therein

Sec. 1 When the public interests will be

benefited thereby, the Secretary of

Agriculture is authorized in his discretion

to accept on behalf of the United States

title to any lands within the exterior

boundaries of the national forests which,

in his opinion, are chiefly valuable for

national-forest purposes, and in exchange

therefor may patent not to exceed an

equal value of such national-forest land, in

the same State, surveyed and nonmineral

in character, or he may authorize the

grantor to cut and remove an equal value

of timber within the national forests of the

same State; the values in each case to be

determined by him. Before any such

exchange is effected notice of the

contemplated exchange reciting the lands

involved shall be published once each

week for four successive weeks in some

newspaper of general circulation in the

county or counties in which may be

situated the lands to be accepted, and in

some like newspaper published in any

county in which may be situated any

lands or timber to be given in such

exchange. Timber given in such exchanges shall be cut and removed under

the laws and regulations relating to the

national forests, and under the direction

and supervision and in accordance with

the requirements of the Secretary of

Agriculture. Lands conveyed to the

United States under this section and

section 486 of this title shall, upon acceptance of title, become parts of the national

forest within whose exterior boundaries

they are located. (16 U.S.C. 485)

Exchange of lands in national

forests; reservations of timber,

minerals, or easements

Sec. 2 Either party to an exchange may

make reservations of timber, minerals, or

easements, the values of which shall be

duly considered in determining the values

of the exchanged lands. Where reservations are made in lands conveyed to the

United States the right to enjoy them shall

be subject to such reasonable conditions

respecting ingress and egress and the use

of the surface of the land as may be

deemed necessary by the Secretary of

Agriculture; where mineral reservations

are made in lands conveyed by the United

States it shall be so stipulated in the

patents, and that any person who acquires

the right to mine and remove the reserved

deposits may enter and occupy so much

of the surface as may be required for all

purposes incident to the mining and

removal of the minerals therefrom, and

may mine and remove such minerals upon

payment to the owner of the surface for

damages caused to the land and improvements thereon. All property, rights,

easements, and benefits authorized by this
32 Forest Service Land Base

section to be retained by or reserved to

owners of lands conveyed to the United

States shall be subject to the tax laws of

the States where such lands are located.

(16 U.S.C. 486)
Forest Service Land Base 33

Townsite Act

July 31, 1958 (Pub. L. 85-569, 72 Stat. 438; 16 U.S.C. 478a)

Townsites

When the Secretary of Agriculture

determines that a tract of National Forest

System land in Alaska or in the eleven

contiguous Western States is located

adjacent to or contiguous to an established community, and that transfer of

such land would serve indigenous community objectives that outweigh the public

objectives and values which would be

served by maintaining such tract in

Federal ownership, he may, upon application, set aside and designate as a townsite

an area of not to exceed six hundred and

forty acres of National Forest System

land for any one application. After public

notice, and satisfactory showing of need

therefor by any county, city, or other local

governmental subdivision, the Secretary

may offer such area for sale to a governmental subdivision at a price not less than

the fair market value thereof: Provided,

however, That the Secretary may condition conveyances of townsites upon the

enactment, maintenance, and enforcement of a valid ordinance which assures

any land so conveyed will be controlled

by the governmental subdivision so that

use of the area will not interfere with the

protection, management, and development

of adjacent or contiguous National Forest

System lands. (16 U.S.C. 478a)
34 Forest Service Land Management Planning

Forest and Rangeland Renewable Resources

Planning Act of 1974

 

October 22, 1976 (Pub. L. 93-378, 88 Stat. 476; 16 U.S.C.

1600 note, 1600 to 1614)

Sec. 1 That this Act may be cited as the

‘Forest and Rangeland Renewable

Resources Planning Act of 1974.

Congressional findings

Sec. 2 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
Forest Service Land Management Planning 35

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.

(16 U.S.C. 1600)

Renewable Resource Assessment

Sec. 3 (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 wellbeing, 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 1

(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
36 Forest Service Land Management Planning

and reduce the risk of global climate

change, 2

(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) 3

 Public involvement; consultation with

governmental departments and agencies

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) 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
Forest Service Land Management Planning 37

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,
38 Forest Service Land Management Planning

types, and uses of herbicides and pesticides used in the National Forest System,

including the beneficial or adverse effects

of such uses. (16 U.S.C. 1601)

1

 So in original. The word “and” probably

should not appear.

2

 So in original. The comma probably

should be a period.

3

 So in original. Two subsecs. (d) have

been enacted.

Renewable Resource Program;

preparation by Secretary of

Agriculture and transmittal to

President; purpose and development

of program; time of preparation,

updating and contents

Sec. 4 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
Forest Service Land Management Planning 39

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. (16 U.S.C. 1602)

National Forest System resource

inventories; development,

maintenance, and updating by

Secretary of Agriculture as part of

Assessment

Sec. 5 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. (16

U.S.C. 1603)

National Forest System land and

resource management plans

Sec. 6 (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
40 Forest Service Land Management Planning

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 SustainedYield 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
Forest Service Land Management Planning 41

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 SustainedYield 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
42 Forest Service Land Management Planning

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
Forest Service Land Management Planning 43

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
44 Forest Service Land Management Planning

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 multipleuse 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 4

 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

(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 5

(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,
Forest Service Land Management Planning 45

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. (16

U.S.C. 1604)

4

 So in original. Probably should be “longterm”.

5

 So in original. The “; and” probably

should be a period.

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.

Sec. 7 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.

(16 U.S.C. 1605)

Budget requests by President for

Forest Service activities

Sec. 8 (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 recipi-
46 Forest Service Land Management Planning

ents 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 For-
Forest Service Land Management Planning 47

estry 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.

(16 U.S.C. 1606)

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

Sec. 9 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
48 Forest Service Land Management Planning

for these elements of restoration may be

adjusted accordingly. (16 U.S.C. 1607)

National Forest Transportation

System

Sec. 10 (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. (16

U.S.C. 1608)

National Forest System

Sec. 11 (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 Land Management Planning 49

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 (Section 471 was repealed.)

of this title, or any act supplementary to

and amendatory thereof, shall be returned

to the public domain except by an act of

Congress.

(b) Location of Forest Service offices

The on-the-ground field offices, field

supervisory offices, and 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.

(16 U.S.C. 1609)

Implementation of provisions by

Secretary of Agriculture; utilization

of information and data of other

organizations; avoidance of

duplication of planning, etc.;

“renewable resources” defined

Sec. 12 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. (16 U.S.C.

1610)

Timber

Sec. 13 (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
50 Forest Service Land Management Planning

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. (16 U.S.C. 1611)

Public participation

Sec. 14 (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. (16

U.S.C. 1612)

Promulgation of regulations

Sec. 15 The Secretary of Agriculture

shall prescribe such regulations as he

determines necessary and desirable to

carry out the provisions of this subchapter. (16 U.S.C. 1613)

Severability

Sec. 16 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. (16

U.S.C. 1614)
Forest Service Land Management Planning 51

Multiple-Use Sustained-Yield Act of 1960

June 12, 1960 (Pub. L. 86-517, 74 Stat. 215; 16 U.S.C. 528 to

531, 528 note)

Development and administration of

renewable surface resources for

multiple use and sustained yield of

products and services;

Congressional declaration of policy

and purpose

Sec. 1 It is the policy of the Congress

that the national forests are established

and shall be administered for outdoor

recreation, range, timber, watershed, and

wildlife and fish purposes. The purposes

of sections 528 to 531 of this title are

declared to be supplemental to, but not in

derogation of, the purposes for which the

national forests were established as set

forth in section 475 of this title. Nothing

herein shall be construed as affecting the

jurisdiction or responsibilities of the

several States with respect to wildlife and

fish on the national forests. Nothing

herein shall be construed so as to affect

the use or administration of the mineral

resources of national forest lands or to

affect the use or administration of Federal

lands not within national forests. (16

U.S.C. 528)

Authorization of development and

administration consideration to

relative values of resources; areas

of wilderness

Sec. 2 The Secretary of Agriculture is

authorized and directed to develop and

administer the renewable surface resources of the national forests for multiple

use and sustained yield of the several

products and services obtained therefrom.

In the administration of the national

forests due consideration shall be given to

the relative values of the various resources in particular areas. The establishment and maintenance of areas of

wilderness are consistent with the purposes and provisions of sections 528 to

531 of this title. (16 U.S.C. 529)

Cooperation for purposes of

development and administration with

State and local governmental

agencies and others

Sec. 3 In the effectuation of sections 528

to 531 of this title the Secretary of

Agriculture is authorized to cooperate

with interested State and local governmental agencies and others in the development and management of the national

forests. (16 U.S.C. 530)

Definitions

Sec. 4 As used in sections 528 to 531 of

this title the following terms shall have the

following meanings:

(a) “Multiple use” means: The management of all the various renewable surface

resources of the national forests so that

they are utilized in the combination that

will best meet the needs of the American

people; making the most judicious use of

the land for some or all of these resources or related services over areas
52 Forest Service Land Management Planning

large enough to provide sufficient latitude

for periodic adjustments in use to conform

to changing needs and conditions; that

some land will be used for less than all of

the resources; and harmonious and

coordinated management of the various

resources, each with the other, without

impairment of the productivity of the land,

with consideration being given to the

relative values of the various resources,

and not necessarily the combination of

uses that will give the greatest dollar

return or the greatest unit output.

(b) “Sustained yield of the several products and services” means the achievement and maintenance in perpetuity of a

high-level annual or regular periodic

output of the various renewable resources

of the national forests without impairment

of the productivity of the land. (16 U.S.C.

531)

Short title

Sec. 5 This Act may be cited as the

‘Multiple-Use Sustained-Yield Act of

1960’. (16 U.S.C. 528 note)
Forest Service Land Management Planning 53

National Forest Management Policy Act of 1976

October 22, 1976 (Pub. L. 94-588, 90 Stat. 2949; 16 U.S.C.

472a)

***

Timber sales on National Forest

System lands

Sec. 14 Authorization; rules and regulations; appraised value as minimum sale

price

For the purpose of achieving the policies

set forth in the Multiple-Use SustainedYield Act of 1960 (74 Stat. 215; 16

U.S.C. 528-531) and the Forest and

Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 476) (16

U.S.C. 1600 et seq.), the Secretary of

Agriculture, under such rules and regulations as he may prescribe, may sell, at not

less than appraised value, trees, portions

of trees, or forest products located on

National Forest System lands.

(b) Designation on map; prospectus

All advertised timber sales shall be

designated on maps, and a prospectus

shall be available to the public and

interested potential bidders.

(c) Terms and conditions of contract

The length and other terms of the contract shall be designed to promote orderly

harvesting consistent with the principles

set out in section 6 of the Forest and

Rangeland Renewable Resources Planning Act of 1974, as amended (16 U.S.C.

1604). Unless there is a finding by the

Secretary of Agriculture that better

utilization of the various forest resources

(consistent with the provisions of the

Multiple-Use Sustained-Yield Act of 1960

(16 U.S.C. 528-531)) will result, sales

contracts shall be for a period not to

exceed ten years: Provided, That such

period may be adjusted at the discretion

of the Secretary to provide additional time

due to time delays caused by an act of an

agent of the United States or by other

circumstances beyond the control of the

purchaser. The Secretary shall require the

purchaser to file as soon as practicable

after execution of a contract for any

advertised sale with a term of two years

or more, a plan of operation, which shall

be subject to concurrence by the Secretary. The Secretary shall not extend any

contract period with an original term of

two years or more unless he finds (A)

that the purchaser has diligently performed in accordance with an approved

plan of operation or (B) that the substantial overriding public interest justifies the

extension.

(d) Advertisement of sales; exceptions

The Secretary of Agriculture shall

advertise all sales unless he determines

that extraordinary conditions exist, as

defined by regulation, or that the appraised value of the sale is less than

$10,000. If, upon proper offering, no

satisfactory bid is received for a sale, or

the bidder fails to complete the purchase,

the sale may be offered and sold without
54 Forest Service Land Management Planning

further advertisement.

(e) Bidding methods; purposes; oral

auction procedures; monitoring and

enforcement for prevention of collusive

practices

(1) In the sale of trees, portions of trees,

or forest products from National Forest

System lands (hereinafter referred to in

this subsection as “national forest

materials”), the Secretary of Agriculture

shall select the bidding method or

methods which -

(A) insure open and fair competition;

(B) insure that the Federal Government receive not less than the appraised value as required by subsection (a) of this section;

(C) consider the economic stability of

communities whose economies are

dependent on such national forest

materials, or achieve such other

objectives as the Secretary deems

necessary; and

(D) are consistent with the objectives

of this Act and other Federal statutes.

The Secretary shall select or alter the

bidding method or methods as he

determines necessary to achieve the

objectives stated in clauses

(A),(B),(C), and(D) of this paragraph.

(2) In those instances when the Secretary selects oral auction as the bidding

method for the sale of any national

forest materials, he shall require that all

prospective purchasers submit written

sealed qualifying bids. Only prospective

purchasers whose written sealed

qualifying bids are equal to or in excess

of the appraised value of such national

forest materials may participate in the

oral bidding process.

(3) The Secretary shall monitor bidding

patterns involved in the sale of national

forest materials. If the Secretary has a

reasonable belief that collusive bidding

practices may be occurring, then -

(A) he shall report any such instances

of possible collusive bidding or suspected collusive bidding practices to

the Attorney General of the United

States with any and all supporting

data;

(B) he may alter the bidding methods

used within the affected area; and

(C) he shall take such other action as

he deems necessary to eliminate such

practices within the affected area.

(f) Research and demonstration projects

The Secretary of Agriculture, under such

rules and regulations as he may prescribe,

is authorized to dispose of, by sale or

otherwise, trees, portions of trees, or

other forest products related to research

and demonstration projects.

(g) Designation, marking, and supervision

of harvesting; personnel

Designation, marking when necessary,

and supervision of harvesting of trees,

portions of trees, or forest products shall

be conducted by persons employed by the

Secretary of Agriculture. Such persons

shall have no personal interest in the

purchase or harvest of such products and

shall not be directly or indirectly in the

employment of the purchaser thereof.
Forest Service Land Management Planning 55

(h) Utilization standards, methods of

measurement, and harvesting practices;

monetary deposits by purchasers of

salvage harvests; nature, purposes and

availability of designated fund; return of

surplus to Treasury

The Secretary of Agriculture shall

develop utilization standards, methods of

measurement, and harvesting practices

for the removal of trees, portions of trees,

or forest products to provide for the

optimum practical use of the wood

material. Such standards, methods, and

practices shall reflect consideration of

opportunities to promote more effective

wood utilization, regional conditions, and

species characteristics and shall be

compatible with multiple use resource

management objectives in the affected

area. To accomplish the purpose of this

subsection in situations involving salvage

of insect-infested, dead, damaged, or

down timber, and to remove associated

trees for stand improvement, the Secretary is authorized to require the purchasers of such timber to make monetary

deposits, as a part of the payment for the

timber, to be deposited in a designated

fund from which sums are to be used, to

cover the cost to the United States for

design, engineering, and supervision of the

construction of needed roads and the cost

for Forest Service sale preparation and

supervision of the harvesting of such

timber. Deposits of money pursuant to

this subsection are to be available until

expended to cover the cost to the United

States of accomplishing the purposes for

which deposited: Provided, That such

deposits shall not be considered as

moneys received from the national forests

within the meaning of sections 500 and

501 of this title: And provided further,

That sums found to be in excess of the

cost of accomplishing the purposes for

which deposited on any national forest

shall be transferred to miscellaneous

receipts in the Treasury of the United

States.

(i) Purchaser credit for permanent road

construction; right of election of small

business concerns; estimated cost; date

of completion; use of funds for construction; effective date

(1) For sales of timber which include a

provision for purchaser credit for

construction of permanent roads with an

estimated cost in excess of $20,000, the

Secretary of Agriculture shall promulgate regulations requiring that the notice

of sale afford timber purchasers qualifying as “small business concerns” under

the Small Business Act, as amended (15

U.S.C. 631 et seq.), and the regulations

issued thereunder, an estimate of the

cost and the right, when submitting a

bid, to elect that the Secretary build the

proposed road.

(2) If the purchaser makes such an

election, the price subsequently paid for

the timber shall include all of the

estimated cost of the road. In the notice

of sale, the Secretary of Agriculture

shall set a date when such road shall be

completed which shall be applicable to

either construction by the purchaser or

the Secretary, depending on the election. To accomplish requested work, the

Secretary is authorized to use from any
56 Forest Service Land Management Planning

receipts from the sale of timber a sum

equal to the estimate for timber purchaser credits, and such additional sums

as may be appropriated for the construction of roads, such funds to be

available until expended, to construct a

road that meets the standards specified

in the notice of sale.

(3) The provisions of this subsection

shall become effective on October 1,

1976. (16 U.S.C. 472a)

***
Forest Service Land Management Planning 57

Forest and Rangeland Renewable Resources

Planning Act Statement of Policy, Interior

Department and Related Agencies

Appropriations for Fiscal year 1981

December 12, 1980 (Pub. L. 96-514, 96 Stat. 2957; 16 U.S.C.

1606 note)

Statement of policy

Sec. 310 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
58 Forest Service Land Management Planning

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 ‘highbound’ 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
Forest Service Land Management Planning 59

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. (16 U.S.C. 1606. note)
60 Forest Service Land Management Planning

National Indian Forest Resources Management

Act

November 28, 1990 (Pub. L. 101-630; 104 Stat. 4532; 25

U.S.C. 415, 3101 note, 3101 to 3120)

Leases of restricted lands

Sec. 201 (a) Authorized purposes; term;

approval by Secretary

Any restricted Indian lands, whether

tribally, or individually owned, may be

leased by the Indian owners, with the

approval of the Secretary of the Interior,

for public, religious, educational, recreational, residential, or business purposes,

including the development or utilization of

natural resources in connection with

operations under such leases, for grazing

purposes, and for those farming purposes

which require the making of a substantial

investment in the improvement of the land

for the production of specialized crops as

determined by said Secretary. All leases

so granted shall be for a term of not to

exceed twenty-five years, except leases

of land located outside the boundaries of

Indian reservations in the State of New

Mexico, leases of land on the Agua

Caliente (Palm Springs) Reservation, the

Dania Reservation, the Pueblo of Santa

Ana (with the exception of the lands

known as the “Santa Ana Pueblo Spanish

Grant”), the reservation of the Confederated Tribes of the Warm Springs Reservation of Oregon, the Moapa Indian

reservation, 1

 the Swinomish Indian

Reservation, the Southern Ute Reservation, the Fort Mojave Reservation, the

Burns Paiute Reservation, the Coeur

d’Alene Indian Reservation, the Kalispel

Indian Reservation, the pueblo of Cochiti,

the pueblo of Pojoaque, the pueblo of

Tesuque, the pueblo of Zuni, the Hualapai

Reservation, the Spokane Reservation,

the San Carlos Apache Reservation,

Yavapai-Prescott 2

 Community Reservation, the Pyramid Lake Reservation, the

Gila River Reservation, the Soboba Indian

Reservation, the Viejas Indian Reservation, the Tulalip Indian Reservation, the

Navajo Reservation, the Cabazon Indian

Reservation, the Mille Lacs Indian

Reservation with respect to a lease

between an entity established by the Mille

Lacs Band of Chippewa Indians and the

Minnesota Historical Society, leases of

the lands comprising the Moses Allotment

Numbered 10, Chelan County, Washington,, 3

 and lands held in trust for the Las

Vegas Paiute Tribe of Indians, and lands

held in trust for the Twenty-nine Palms

Band of Luiseno Mission Indians, and

lands held in trust for the Reno Sparks

Indian Colony, lands held in trust for the

Torres Martinez Desert Cahuilla Indians,

lands held in trust for the Guidiville Band

of Pomo Indians of the Guidiville Indian

Rancheria, lands held in trust for the

Confederated Tribes of the Umatilla

Indian Reservation, lands held in trust for

the Confederated Tribes of the Warm

Springs Reservation of Oregon, lands held

in trust for the Cherokee Nation of
Forest Service Land Management Planning 61

Oklahoma, lands held in trust for the

Pueblo of Santa Clara, lands held in trust

for the Confederated Tribes of the

Colville Reservation, lands held in trust

for the Cahuilla Band of Indians of

California, lands held in trust for the

Confederated Tribes of the Grand Ronde

Community of Oregon, and the lands held

in trust for the Confederated Salish and

Kootenai Tribes of the Flathead Reservation, Montana, and leases to the Devils

Lake Sioux Tribe, or any organization of

such tribe, of land on the Devils Lake

Sioux Reservation, which may be for a

term of not to exceed ninety-nine years,

and except leases of land for grazing

purposes which may be for a term of not

to exceed ten years. Leases for public,

religious, educational, recreational,

residential, or business purposes (except

leases the initial term of which extends

for more than seventy-four years) with

the consent of both parties may include

provisions authorizing their renewal for

one additional term of not to exceed

twenty-five years, and all leases and

renewals shall be made under such terms

and regulations as may be prescribed by

the Secretary of the Interior. Prior to

approval of any lease or extension of an

existing lease pursuant to this section, the

Secretary of the Interior shall first satisfy

himself that adequate consideration has

been given to the relationship between the

use of the leased lands and the use of

neighboring lands; the height, quality, and

safety of any structures or other facilities

to be constructed on such lands; the

availability of police and fire protection

and other services; the availability of

judicial forums for all criminal and civil

causes arising on the leased lands; and

the effect on the environment of the uses

to which the leased lands will be subject.

(b) Leases involving Tulalip Tribes

Any lease by the Tulalip Tribes under

subsection (a) of this section, except a

lease for the exploitation of any natural

resource, shall not require the approval of

the Secretary of the Interior (1) if the

term of the lease does not exceed fifteen

years, with no option to renew, (2) if the

term of the lease does not exceed thirty

years, with no option to renew, and the

lease is executed pursuant to tribal

regulations previously approved by the

Secretary of the Interior, or (3) if the term

does not exceed seventy-five years

(including options to renew), and the lease

is executed under tribal regulations

approved by the Secretary under this

clause (3).

(c) Leases involving Hopi Tribe and Hopi

Partitioned Lands Accommodation

Agreement

Notwithstanding subsection (a) of this

section, a lease of land by the Hopi Tribe

to Navajo Indians on the Hopi Partitioned

Lands may be for a term of 75 years, and

may be extended at the conclusion of the

term of the lease.

(d) Definitions

For purposes of this section -

(1) the term “Hopi Partitioned Lands”

means lands located in the Hopi Partitioned Area, as defined in section

168.1(g) of title 25, Code of Federal

Regulations (as in effect on October 11,

1996);
62 Forest Service Land Management Planning

(2) the term “Navajo Indians” means

members of the Navajo Tribe;

(3) the term “individually owned Navajo

Indian allotted land” means a single

parcel of land that

(A) is located within the jurisdiction of

the Navajo Nation;

(B) is held in trust or restricted status

by the United States for the benefit of

Navajo Indians or members of another

Indian tribe; and

(C) was -

(i) allotted to a Navajo Indian; or

(ii) taken into trust or restricted

status by the United States for an

individual Indian;

(4) the term “interested party” means

an Indian or non-Indian individual or

corporation, or tribal or non-tribal

government whose interests could be

adversely affected by a tribal trust land

leasing decision made by the Navajo

Nation;

(5) the term “Navajo Nation” means the

Navajo Nation government that is in

existence on August 9, 1955, or its

successor;

(6) the term “petition” means a written

request submitted to the Secretary for

the review of an action (or inaction) of

the Navajo Nation that is claimed to be

in violation of the approved tribal leasing

regulations;

(7) the term “Secretary” means the

Secretary of the Interior; and

(8) the term “tribal regulations” means

the Navajo Nation regulations enacted

in accordance with Navajo Nation law

and approved by the Secretary.

(e) Leases of restricted lands for the

Navajo Nation

(1) Any leases by the Navajo Nation for

purposes authorized under subsection

(a) of this section, and any amendments

thereto, except a lease for the exploration, development, or extraction of any

mineral resources, shall not require the

approval of the Secretary if the lease is

executed under the tribal regulations

approved by the Secretary under this

subsection and the term of the lease

does not exceed -

(A) in the case of a business or

agricultural lease, 25 years, except

that any such lease may include an

option to renew for up to two additional terms, each of which may not

exceed 25 years; and

(B) in the case of a lease for public,

religious, educational, recreational, or

residential purposes, 75 years if such a

term is provided for by the Navajo

Nation through the promulgation of

regulations.

(2) Paragraph (1) shall not apply to

individually owned Navajo Indian

allotted land.

(3) The Secretary shall have the

authority to approve or disapprove tribal

regulations referred to under paragraph

(1). The Secretary shall approve such

tribal regulations if such regulations are

consistent with the regulations of the

Secretary under subsection (a) of this
Forest Service Land Management Planning 63

section, and any amendments thereto,

and provide for an environmental

review process. The Secretary shall

review and approve or disapprove the

regulations of the Navajo Nation within

120 days of the submission of such

regulations to the Secretary. Any

disapproval of such regulations by the

Secretary shall be accompanied by

written documentation that sets forth

the basis for the disapproval. Such 120-

day period may be extended by the

Secretary after consultation with the

Navajo Nation.

(4) If the Navajo Nation has executed a

lease pursuant to tribal regulations under

paragraph (1), the Navajo Nation shall

provide the Secretary with

(A) a copy of the lease and all amendments and renewals thereto; and

(B) in the case of regulations or a

lease that permits payment to be made

directly to the Navajo Nation, documentation of the lease payments

sufficient to enable the Secretary to

discharge the trust responsibility of the

United States under paragraph (5).

(5) The United States shall not be liable

for losses sustained by any party to a

lease executed pursuant to tribal

regulations under paragraph (1), including the Navajo Nation. Nothing in this

paragraph shall be construed to diminish

the authority of the Secretary to take

appropriate actions, including the

cancellation of a lease, in furtherance of

the trust obligation of the United States

to the Navajo Nation.

(6)(A) An interested party may, after

exhaustion of tribal remedies, submit, in

a timely manner, a petition to the

Secretary to review the compliance of

the Navajo Nation with any regulations

approved under this subsection. If upon

such review the Secretary determines

that the regulations were violated, the

Secretary may take such action as may

be necessary to remedy the violation,

including rescinding the approval of the

tribal regulations and reassuming

responsibility for the approval of leases

for Navajo Nation tribal trust lands.

(B) If the Secretary seeks to remedy

a violation described in subparagraph

(A), the Secretary shall -

(i) make a written determination with

respect to the regulations that have

been violated;

(ii) provide the Navajo Nation with a

written notice of the alleged violation

together with such written determination; and

(iii) prior to the exercise of any

remedy or the rescission of the

approval of the regulation involved

and the reassumption of the lease

approval responsibility, provide the

Navajo Nation with a hearing on the

record and a reasonable opportunity

to cure the alleged violation. (25

U.S.C. 415)

1 and 3 So in original.

2

 So in original. Probably should be

preceded by “the”.

***

Findings
64 Forest Service Land Management Planning

Sec. 302 The Congress finds and declares that -

(1) the forest lands of Indians are

among their most valuable resources

and Indian forest lands -

(A) encompass more than 15,990,000

acres, including more than 5,700,000

acres of commercial forest land and

8,700,000 acres of woodland,

(B) are a perpetually renewable and

manageable resource,

(C) provide economic benefits,

including income, employment, and

subsistence, and

(D) provide natural benefits, including

ecological, cultural, and esthetic

values;

(2) the United States has a trust responsibility toward Indian forest lands;

(3) existing Federal laws do not sufficiently assure the adequate and necessary trust management of Indian forest

lands;

(4) the Federal investment in, and the

management of, Indian forest land is

significantly below the level of investment in, and management of, National

Forest Service forest land, Bureau of

Land Management forest land, or

private forest land;

(5) tribal governments make substantial

contributions to the overall management

of Indian forest land; and

(6) there is a serious threat to Indian

forest lands arising from trespass and

unauthorized harvesting of Indian forest

land resources. (25 U.S.C. 3101)

Purposes

Sec. 303 The purposes of this chapter

are to -

(1) allow the Secretary of the Interior to

take part in the management of Indian

forest lands, with the participation of the

lands’ beneficial owners, in a manner

consistent with the Secretary’s trust

responsibility and with the objectives of

the beneficial owners;

(2) clarify the authority of the Secretary

to make deductions from the proceeds

of sale of Indian forest products, assure

the use of such deductions on the

reservation from which they are derived

solely for use in forest land management activities, and assure that no other

deductions shall be collected;

(3) increase the number of professional

Indian foresters and related staff in

forestry programs on Indian forest land;

and

(4) provide for the authorization of

necessary appropriations to carry out

this chapter for the protection, conservation, utilization, management, and

enhancement of Indian forest lands. (25

U.S.C. 3102)

Definitions

Sec. 304 For the purposes of this chapter, the term -

(1) “Alaska Native” means Native as

defined in section 1602(b) of title 43;

(2) “forest” means an ecosystem of at

least one acre in size, including timberland and woodland, which -
Forest Service Land Management Planning 65

(A) is characterized by a more or less

dense and extensive tree cover,

(B) contains, or once contained, at

least ten percent tree crown cover,

and

(C) is not developed or planned for

exclusive nonforest use;

(3) “Indian forest land” means Indian

lands, including commercial and noncommercial timberland and woodland,

that are considered chiefly valuable for

the production of forest products or to

maintain watershed or other land values

enhanced by a forest cover, regardless

whether a formal inspection and land

classification action has been taken;

(4) “forest land management activities”

means all activities performed in the

management of Indian forest lands,

including -

(A) all aspects of program administration and executive direction such as -

(i) development and maintenance of

policy and operational procedures,

program oversight, and evaluation,

(ii) securing of legal assistance and

handling of legal matters,

(iii) budget, finance, and personnel

management, and

(iv) development and maintenance of

necessary data bases and program

reports;

(B) all aspects of the development,

preparation and revision of forest

inventory and management plans,

including aerial photography, mapping,

field management inventories and reinventories, inventory analysis, growth

studies, allowable annual cut calculations, environmental assessment, and

forest history, consistent with and

reflective of tribal integrated resource

management plans;

(C) forest land development, including

forestation, thinning, tree improvement

activities, and the use of silvicultural

treatments to restore or increase

growth and yield to the full productive

capacity of the forest environment;

(D) protection against losses from

wildfire, including acquisition and

maintenance of fire fighting equipment

and fire detection systems, construction of firebreaks, hazard reduction,

prescribed burning, and the development of cooperative wildfire management agreements;

(E) protection against insects and

disease, including -

(i) all aspects of detection and

evaluation,

(ii) preparation of project proposals

containing project description,

environmental assessments and

statements, and cost-benefit analyses necessary to secure funding,

(iii) field suppression operations, and

(iv) reporting;

(F) assessment of damage caused by

forest trespass, infestation or fire,

including field examination and survey,

damage appraisal, investigation

assistance, and report, demand letter,

and testimony preparation;
66 Forest Service Land Management Planning

(G) all aspects of the preparation,

administration, and supervision of

timber sale contracts, paid and free

use permits, and other Indian forest

product harvest sale documents

including -

(i) cruising, product marking, silvicultural prescription, appraisal and

harvest supervision,

(ii) forest product marketing assistance, including evaluation of marketing and development opportunities

related to Indian forest products and

consultation and advice to tribes,

tribal and Indian enterprises on

maximization of return on forest

products,

(iii) archeological, historical, environmental and other land management

reviews, clearances, and analyses,

(iv) advertising, executing, and

supervising contracts,

(v) marking and scaling of timber,

and

(vi) collecting, recording and distributing receipts from sales;

(H) provision of financial assistance

for the education of Indians enrolled in

accredited programs of postsecondary

and postgraduate forestry and forestry-related fields of study, including

the provision of scholarships, internships, relocation assistance, and other

forms of assistance to cover educational expenses;

(I) participation in the development

and implementation of tribal integrated

resource management plans, including

activities to coordinate current and

future multiple uses of Indian forest

lands;

(J) improvement and maintenance of

extended season primary and secondary Indian forest land road systems;

and

(K) research activities to improve the

basis for determining appropriate

management measures to apply to

Indian forest lands;

(5) “forest management plan” means

the principal document, approved by the

Secretary, reflecting and consistent with

a tribal integrated resource management

plan, which provides for the regulation

of the detailed, multiple-use operation of

Indian forest land by methods assuring

that such lands remain in a continuously

productive state while meeting the

objectives of the tribe and which shall

include -

(A) standards setting forth the funding

and staffing requirements necessary to

carry out each management plan, with

a report of current forestry funding

and staffing levels; and

(B) standards providing quantitative

criteria to evaluate performance

against the objectives set forth in the

plan;

(6) “forest product” means -

(A) timber,

(B) a timber product, including lumber,

lath, crating, ties, bolts, logs, pulpwood,

fuelwood, posts, poles and split
Forest Service Land Management Planning 67

products,

(C) bark,

(D) Christmas trees, stays, branches,

firewood, berries, mosses, pinyon nuts,

roots, acorns, syrups, wild rice, and

herbs,

(E) other marketable material, and

(F) gravel which is extracted from,

and utilized on, Indian forest lands;

(7) “forest resources” means all the

benefits derived from Indian forest

lands, including forest products, soil

productivity, water, fisheries, wildlife,

recreation, and aesthetic or other

traditional values of Indian forest lands;

(8) “forest trespass” means the act of

illegally removing forest products from,

or illegally damaging forest products on,

forest lands;

(9) “Indian” means a member of an

Indian tribe;

(10) “Indian land” means land title to

which is held by -

(A) the United States in trust for an

Indian, an individual of Indian or

Alaska Native ancestry who is not a

member of a federally-recognized

Indian tribe, or an Indian tribe, or

(B) an Indian, an individual of Indian

or Alaska Native ancestry who is not

a member of a federally recognized

tribe, or an Indian tribe subject to a

restriction by the United States against

alienation;

(11) “Indian tribe” or “tribe” means any

Indian tribe, band, nation, Pueblo or

other organized group or community

which is recognized as eligible for the

special programs and services provided

by the United States to Indians because

of their status as Indians and shall

mean, where appropriate, the recognized tribal government of such tribe’s

reservation;

(12) “reservation” includes Indian

reservations established pursuant to

treaties, Acts of Congress or Executive

orders, public domain Indian allotments,

and former Indian reservations in

Oklahoma;

(13) “Secretary” means the Secretary

of the Interior;

(14) “sustained yield” means the yield

of forest products that a forest can

produce continuously at a given intensity

of management; and

(15) “tribal integrated resource management plan” means a document, approved by an Indian tribe and the

Secretary, which provides coordination

for the comprehensive management of

such tribe’s natural resources.(25

U.S.C. 3103)

Management of Indian forest land

Sec. 305 (a) Management activities

The Secretary shall undertake forest land

management activities on Indian forest

land, either directly or through contracts,

cooperative agreements, or grants under

the Indian Self-Determination Act (25

U.S.C. 450f et seq.).

(b) Management objectives Indian forest

land management activities undertaken by
68 Forest Service Land Management Planning

the Secretary shall be designed to achieve

the following objectives -

(1) the development, maintenance, and

enhancement of Indian forest land in a

perpetually productive state in accordance with the principles of sustained

yield and with the standards and objectives set forth in forest management

plans by providing effective management and protection through the application of sound silvicultural and economic

principles to -

(A) the harvesting of forest products,

(B) forestation,

(C) timber stand improvement, and

(D) other forestry practices;

(2) the regulation of Indian forest lands

through the development and implementation, with the full and active consultation and participation of the appropriate

Indian tribe, of forest management plans

which are supported by written tribal

objectives and forest marketing programs;

(3) the regulation of Indian forest lands

in a manner that will ensure the use of

good method and order in harvesting so

as to make possible, on a sustained yield

basis, continuous productivity and a

perpetual forest business;

(4) the development of Indian forest

lands and associated value-added

industries by Indians and Indian tribes to

promote self-sustaining communities, so

that Indians may receive from their

Indian forest land not only stumpage

value, but also the benefit of all the

labor and profit that such Indian forest

land is capable of yielding;

(5) the retention of Indian forest land in

its natural state when an Indian tribe

determines that the recreational, cultural, aesthetic, or traditional values of

the Indian forest land represents the

highest and best use of the land;

(6) the management and protection of

forest resources to retain the beneficial

effects to Indian forest lands of regulating water run-off and minimizing soil

erosion; and

(7) the maintenance and improvement

of timber productivity, grazing, wildlife,

fisheries, recreation, aesthetic, cultural

and other traditional values. (25 U.S.C.

3104)

Forest management deduction

Sec. 306 (a) Withholding of deduction

Pursuant to the authority of section 413 of

this title, the Secretary shall withhold a

reasonable deduction from the gross

proceeds of sales of forest products

harvested from Indian forest land under a

timber sale contract, permit, or other

harvest sale document, which has been

approved by the Secretary, to cover in

whole or part the cost of managing and

protecting such Indian forest land.

(b) Amount of deduction

Deductions made pursuant to subsection

(a) of this section shall not exceed the

lesser amount of - (1) 10 percent of gross

proceeds, or (2) the percentage of gross

proceeds collected on November 28,

1990, as forest management deductions
Forest Service Land Management Planning 69

by the Secretary on such sales of Indian

forest products, unless the appropriate

Indian tribe consents to an increase in the

deductions.

(c) Use of deduction

The full amount of any deduction collected by the Secretary shall be expended

according to an approved expenditure

plan, approved by the Secretary and the

appropriate Indian tribe, for the performance of forest land management

activities on the reservation from which

such deductions are collected and shall be

made available to the tribe, upon its

request, by contract or agreement for the

performance of such activities.

(d) Limitations

(1) Forest management deductions

withheld pursuant to this section shall

not be available to -

(A) cover the costs that are paid from

funds appropriated specifically for fire

suppression or pest control, or

(B) otherwise offset Federal appropriations for meeting the Federal trust

responsibility for management of

Indian forest lands.

(2) No other forest management

deductions derived from Indian forest

lands shall be collected to be covered

into the general funds of the United

States Treasury. (25 U.S.C. 3105)

Forest trespass

Sec. 307 (a) Civil penalties; regulations

Not later than 18 months from November

28, 1990, the Secretary shall issue regulations that -

(1) establish civil penalties for the

commission of forest trespass which

provide for -

(A) collection of the value of the

products illegally removed plus a

penalty of double their value,

(B) collection of the costs associated

with damage to the Indian forest land

caused by the act of trespass, and

(C) collection of the costs associated

with enforcement of the regulations,

including field examination and survey,

damage appraisal, investigation

assistance and reports, witness

expenses, demand letters, court costs,

and attorney fees;

(2) designate responsibility with the

Department of the Interior for the

detection and investigation of forest

trespass; and

(3) set forth responsibilities and procedures for the assessment and collection

of civil penalties.

(b) Treatment of proceeds

The proceeds of civil penalties collected

under this section shall be treated as

proceeds from the sale of forest products

from the Indian forest lands upon which

such trespass occurred.

(c) Concurrent jurisdiction

Indian tribes which adopt the regulations

promulgated by the Secretary pursuant to

subsection (a) of this section shall have

concurrent civil jurisdiction to enforce the

provisions of this section and the regulation promulgated thereunder. The Bureau
70 Forest Service Land Management Planning

of Indian Affairs and other agencies of

the Federal Government shall, at the

request of the tribe, defer to tribal prosecutions of forest trespass cases. Tribal

court judgments regarding forest trespass

shall be entitled to full faith and credit in

Federal and State courts to the same

extent as a Federal court judgment

obtained under this section. (25 U.S.C.

3106)

Direct payment of forest products

receipts

Sec. 308 (a) Regulations

Notwithstanding any other law, the

Secretary shall, within 1 year from

November 28, 1990, promulgate regulations providing for the payment of the

receipts from the sale of Indian forest

products as provided in this section.

(b) Payment into a bank depository

Upon the request of an Indian tribe, the

Secretary shall provide that the purchaser

of the forest products of such tribe, which

are harvested under a timber sale contract, permit or other harvest sale document which has been approved by the

Secretary, shall make prompt direct

payments of the gross proceeds of sales

of such forest products, less any amounts

segregated as forest management deductions pursuant to section 3105 of this title,

into a bank depository account designated

by such Indian tribe. (25 U.S.C. 3107)

Secretarial recognition of tribal laws

Sec. 309 Subject to the Secretary’s

responsibilities as reflected in sections

3101(2) and 3102(1) of this title and

unless otherwise prohibited by Federal

statutory law, the Secretary shall comply

with tribal laws pertaining to Indian forest

lands, including laws regulating the

environment or historic or cultural preservation, and shall cooperate with the

enforcement of such laws on Indian

forest lands. Such cooperation shall

include -

(1) assistance in the enforcement of

such laws;

(2) provision of notice of such laws to

persons or entities undertaking activities

on Indian forest lands; and

(3) upon the request of an Indian tribe,

the appearance in tribal forums. (25

U.S.C. 3108)

Indian forest land assistance account

Sec. 310 (a) Establishment At the

request of an Indian tribe, the Secretary

may establish a special Indian forest land

assistance account within the tribe’s trust

fund account to fund the Indian forest

land management activities of such tribe.

(b) Deposits and expenditures

(1) The Secretary may deposit into the

Indian forest land assistance account

established pursuant to subsection (a) of

this section any funds received by the

Secretary or in the Secretary’s possession from

(A) non-Federal sources, if such funds

are related to activities on or for the

Indian forest lands of such tribe’s

reservation,

(B) donations and contributions,
Forest Service Land Management Planning 71

(C) unobligated forestry appropriations

for the benefit of such Indian tribe,

and

(D) user fees or other funds transferred under Federal interagency

agreements if otherwise authorized by

Federal law and, if such funds are

related to activities on or for the Indian

forest lands of such tribe’s reservation. Funds deposited in such account

shall be for the purpose of conducting

forest land management activities on

the Indian forest lands of such tribe.

(2) Funds in the Indian forest land

assistance account and any interest or

other income earned thereon shall

remain available until expended and

shall not be available to otherwise offset

Federal appropriations for meeting the

Federal responsibility for management

of Indian forest lands.

(c) Audits

At the request of an Indian tribe or upon

the Secretary’s own volition, the Secretary may conduct audits of the Indian

forest land assistance account and shall

publish the results of such audit. (25

U.S.C. 3109)

Tribal forestry programs

Sec. 311 (a) Establishment

The Secretary shall establish within the

Bureau of Indian Affairs a program to

provide financial support to forestry

programs established by an Indian tribe.

(b) Support allocation formula; criteria

(1) The Secretary, with the participation

of Indian tribes with Indian forest lands,

shall establish, and promulgate by

regulations, a formula -

(A) for the determination of Indian

tribes eligible for such support,

(B) for the provision of levels of

assistance for the forestry programs

of such tribes, and

(C) the allocation of base support

funds to such tribes under the program

established pursuant to subsection (a)

of this section.

(2) The formula established pursuant to

this subsection shall provide funding

necessary to support -

(A) one professional forester, including

fringe benefits and support costs, for

each eligible tribe, and

(B) one additional professional forester or forest technician, including

fringe benefits and support costs, for

each level of assistance for which an

eligible Indian tribe qualifies.

(3) In any fiscal year that appropriations

are not sufficient to fully fund tribal

forestry programs at each level of

assistance under the formula required to

be established in this section, available

funds for each level of assistance shall

be evenly divided among the tribes

qualifying for that level of assistance.

(25 U.S.C. 3110)

Assessment of Indian forest land and

management programs

Sec. 312 (a) Initial assessment

(1) Within 1 year after November 28,

1990, the Secretary, in consultation with
72 Forest Service Land Management Planning

affected Indian tribes, shall enter into a

contract with a non-Federal entity

knowledgeable in forest management

practices on Federal and private lands

to conduct an independent assessment

of Indian forest lands and Indian forest

land management practices.

(2) Such assessment shall be national in

scope and shall include -

(A) an in-depth analysis of management practices on, and the level of

funding for, specific Indian forest land

compared with similar Federal and

private forest lands,

(B) a survey of the condition of Indian

forest lands, including health and

productivity levels,

(C) an evaluation of the staffing

patterns of forestry organizations of

the Bureau of Indian Affairs and of

Indian tribes,

(D) an evaluation of procedures

employed in timber sales administration, including preparation, field

supervision, and accountability for

proceeds,

(E) an analysis of the potential for

reducing or eliminating relevant

administrative procedures, rules and

policies of the Bureau of Indian

Affairs consistent with the Federal

trust responsibility,

(F) a comprehensive review of the

adequacy of Indian forest land management plans, including their compatibility with applicable tribal integrated

resource management plans and their

ability to meet tribal needs and priorities,

(G) an evaluation of the feasibility and

desirability of establishing minimum

standards against which the adequacy

of the forestry programs of the

Bureau of Indian Affairs in fulfilling its

trust responsibility to Indian tribes can

be measured, and

(H) a recommendation of any reforms

and increased funding levels necessary to bring Indian forest land management programs to a state-of-theart condition.

(3) Such assessment shall include

specific examples and comparisons

from each of the regions of the United

States where Indian forest lands are

located.

(4) The initial assessment required by

this subsection shall be completed no

later than 36 months following November 28, 1990. Upon completion, the

assessment shall be submitted to the

Committee on Natural Resources of the

United States House of Representatives

and the Committee on Indian Affairs of

the United States Senate and shall be

made available to Indian tribes.

(b) Periodic assessments

On each 10-year anniversary of November 28, 1990, the Secretary shall provide

for an independent assessment of Indian

forest lands and Indian forest land

management practices under the criteria

established in subsection (a) of this

section which shall include analyses

measured against findings in previous

assessments.
Forest Service Land Management Planning 73

(c) Status report to Congress

The Secretary shall submit, within 1 year

of the first full fiscal year after November

28, 1990, and within 6 months of the end

of each succeeding fiscal year, a report to

the Committee on Natural Resources of

the United States House of Representatives, the Committee on Indian Affairs of

the United States Senate, and to the

affected Indian tribes a report on the

status of Indian forest lands with respect

to standards, goals and objectives set

forth in approved forest management

plans for each Indian tribe with Indian

forest lands. The report shall identify the

amount of Indian forest land in need of

forestation or other silviculture treatment

and the quantity of timber available for

sale, offered for sale, and sold for each

Indian tribe.

(d) Assistance from Secretary of Agriculture

The Secretary of Agriculture, through the

Forest Service, is authorized to provide,

upon the request of the Secretary of the

Interior, on a nonreimbursable basis,

technical assistance in the conduct of

such research and evaluation activities as

may be necessary for the completion of

any reports or assessments required by

this chapter. (25 U.S.C. 3111)

Alaska Native technical assistance

program

Sec. 313 (a) Establishment

The Secretary, in consultation with the

village and regional corporations established pursuant to the Alaska Native

Claims Settlement Act (43 U.S.C. 1601 et

seq.), shall establish a program of technical assistance for such corporations to

promote the sustained yield management

of their forest resources. Such technical

assistance shall also be available to

promote local processing and other valueadded activities with such forest resources.

(b) Indian Self-Determination Act

The technical assistance to be provided

by the Secretary pursuant to subsection

(a) of this section shall be made available

through contracts, grants or agreements

entered into in accordance with, and

made available to entities eligible for, such

contracts, grants, or agreements under

the Indian Self-Determination Act (25

U.S.C. 450f et seq.). (25 U.S.C. 3112)

Establishment of Indian and Alaska

Native forestry education assistance

Sec. 314 (a) Forester intern program

(1) Notwithstanding the provisions of

title 5 governing appointments in the

competitive service, the Secretary shall

establish and maintain in the Bureau of

Indian Affairs at least 20 forester intern

positions for Indian and Alaska Native

students.

(2) For purposes of this subsection, the

term “forester intern” means an Indian

or Alaska Native who -

(A) is acquiring necessary academic

qualifications to become a forester or

a professional trained in forestryrelated fields, and

(B) is appointed to one of the positions

established under paragraph (1).
74 Forest Service Land Management Planning

(3) The Secretary shall pay all costs for

tuition, books, fees and living expenses

incurred by a forester intern while

attending an approved post-secondary

or graduate school in a full-time forestry-related curriculum.

(4) A forester intern shall be required to

enter into an obligated service agreement to serve as a professional forester

or other forestry-related professional

with the Bureau of Indian Affairs, an

Indian tribe, or a tribal forest-related

enterprise for 2 years for each year of

education for which the Secretary pays

the intern’s educational costs under

paragraph (3) of this subsection.

(5) A forester intern shall be required to

report for service with the Bureau of

Indian Affairs during any break in

attendance at school of more than 3

weeks duration. Time spent in such

service shall be counted toward satisfaction of the intern’s obligated service

agreement.

(b) Cooperative education program

(1) The Secretary shall maintain,

through the Bureau of Indian Affairs, a

cooperative education program for the

purpose of recruiting promising Indian

and Alaska Native students who are

enrolled in secondary schools, triballycontrolled community colleges, and

other post-secondary or graduate

schools for employment as a professional forester or other forestry-related

professional with the Bureau of Indian

Affairs, an Indian tribe, or a tribal

forest-related enterprise.

(2) The cooperative educational program that is to be maintained under

paragraph (1) shall be modeled on and

shall have essentially the same features

of the program operated on November

28, 1990, pursuant to chapter 308 of the

Federal Personnel Manual of the Office

of Personnel Management.

(3) Under the cooperative agreement

program that is to be maintained under

paragraph (1), the Secretary shall pay

all costs for tuition, books, and fees of

an Indian or Alaska Native student who

-

(A) is enrolled in a course of study at

an education institution with which the

Secretary has entered into a cooperative agreement, and

(B) is interested in a career with the

Bureau of Indian Affairs, an Indian

tribe or a tribal enterprise in the

management of Indian forest land.

(4) Financial need shall not be a requirement to receive assistance under the

cooperative agreement program that is

to be maintained under this subsection.

(5) A recipient of assistance under the

cooperative education program that is to

be maintained under this subsection

shall be required to enter into an obligated service agreement to serve as a

professional forester or other forestryrelated professional with the Bureau of

Indian Affairs, an Indian tribe, or a tribal

forest-related enterprise for one year

for each year for which the Secretary

pays the recipient’s educational costs
Forest Service Land Management Planning 75

pursuant to paragraph (3).

(c) Scholarship program

(1) The Secretary is authorized to grant

forestry scholarships to Indians and

Alaska Natives enrolled in accredited

programs for post-secondary and

graduate forestry and forestry-related

programs of study as full-time students.

(2) A recipient of a scholarship under

paragraph (1) shall be required to enter

into an obligated service agreement with

the Secretary in which the recipient

agrees to accept employment for one

year for each year the recipient received a scholarship, following completion of the recipient’s forestry or

forestry-related course of study, with

(A) the Bureau of Indian Affairs;

(B) a forestry program conducted

under a contract, grant, or cooperative

agreement entered into under the

Indian Self-Determination Act (25

U.S.C. 450f et seq.);

(C) an Indian enterprise engaged in a

forestry or forestry-related business;

or

(D) an Indian tribe’s forestry-related

program.

(3) The Secretary shall not deny

scholarship assistance under this

subsection solely on the basis of an

applicant’s scholastic achievement if the

applicant has been admitted to and

remains in good standing in an accredited postsecondary or graduate institution.

(d) Forestry education outreach

The Secretary shall conduct, through the

Bureau of Indian Affairs, and in consultation with other appropriate local, State

and Federal agencies, and in consultation

and coordination with Indian tribes, a

forestry education outreach program for

Indian and Alaska Native youth to explain

and stimulate interest in all aspects of

Indian forest land management and

careers in forestry.

(e) Adequacy of programs

The Secretary shall administer the

programs described in this section until a

sufficient number of Indians and Alaska

Natives are trained to ensure that there is

an adequate number of qualified, professional Indian foresters to manage the

Bureau of Indian Affairs forestry programs and forestry programs maintained

by or for Indian tribes. (25 U.S.C. 3113)

Postgraduation recruitment,

education and training programs

Sec. 315 (a) Postgraduation recruitment

The Secretary shall establish and maintain

a program to attract Indian and Alaska

Native professional foresters and forester

technicians who have already graduated

from their course of postsecondary or

graduate education for employment in

either the Bureau of Indian Affairs

forestry programs or, subject to the

approval of the tribe, in tribal forestry

programs. According to such regulations

as the Secretary may prescribe, such

program shall provide for the employment

of Indian and Alaska Native professional

foresters or forestry technicians in

exchange for the Secretary’s assumption
76 Forest Service Land Management Planning

of the employee’s outstanding student

loans. The period of employment shall be

determined by the amount of the loan that

is assumed.

(b) Postgraduate intergovernmental

internships

For the purposes of training, skill development and orientation of Indian, Alaska

native, 4

 and Federal forestry personnel,

and the enhancement of tribal and Bureau

of Indian Affairs forestry programs, the

Secretary shall establish and actively

conduct a program for the cooperative

internship of Federal, Indian, and Alaska

Native forestry personnel. Such program

shall -

(1) for agencies within the Department

of the Interior -

(A) provide for the internship of

Bureau of Indian Affairs, Alaska

Native, and Indian forestry employees

in the forestry-related programs of

other agencies of the Department of

the Interior, and

(B) provide for the internship of

forestry personnel from other Department of the Interior agencies within

the Bureau of Indian Affairs and, with

the consent of the tribe, within tribal

forestry programs;

(2) for agencies not within the Department of the Interior, provide, pursuant to

an interagency agreement, internships

within the Bureau of Indian Affairs and,

with the consent of the tribe, within a

tribal forestry program of other forestry

personnel of such agencies who are

above their sixth year of Federal

service;

(3) provide for the continuation of salary

and benefits for participating Federal

employees by their originating agency;

(4) provide for salaries and benefits of

participating Indian and Alaska Native

forestry employees by the host agency;

and

(5) provide for a bonus pay incentive at

the conclusion of the internship for any

participant.

(c) Continuing education and training

The Secretary shall maintain a program

within the Division of Forestry of the

Bureau of Indian Affairs for the ongoing

education and training of Bureau of

Indian Affairs, Alaska Native, and Indian

forestry personnel. Such program shall

provide for -

(1) orientation training for Bureau of

Indian Affairs forestry personnel in

tribal-Federal relations and responsibilities;

(2) continuing technical forestry education for Bureau of Indian Affairs,

Alaska Native, and tribal forestry

personnel; and

(3) developmental training of Indian and

Alaska Native personnel in forest land

based enterprises and marketing. (25

U.S.C. 3114)

4

 So in original. Probably should be

capitalized.

Cooperative agreement between

Department of the Interior and

Indian tribes
Forest Service Land Management Planning 77

Sec. 316 (a) Cooperative agreements

(1) To facilitate the administration of the

programs and activities of the Department of the Interior, the Secretary is

authorized to negotiate and enter into

cooperative agreements with Indian

tribes to -

(A) engage in cooperative manpower

and job training and development

programs,

(B) to develop and publish cooperative

environmental education and natural

resource planning materials, and

(C) to perform land and facility

improvements, including forestry and

other natural resources protection, fire

protection, reforestation, timber stand

improvement, debris removal, and

other activities related to land and

natural resource management. The

Secretary may enter into such agreements when the Secretary determines

the public interest will be benefited.

(2) In such cooperative agreements, the

Secretary is authorized to advance or

reimburse funds to contractors from any

appropriated funds available for similar

kinds of work or by furnishing or

sharing materials, supplies, facilities or

equipment without regard to the provisions of section 3324, title 31, relating to

the advance of public moneys.

(b) Supervision

In any agreement authorized by this

section, Indian tribes and their employees

may perform cooperative work under the

supervision of the Department of the

Interior in emergencies or otherwise as

mutually agreed to, but shall not be

deemed to be Federal employees other

than for purposes of section 5

 2671

through 2680 of title 28 and section 6

 8101

through 8193 of title 5.

(c) Savings provision

Nothing in this chapter shall be construed

to limit the authority of the Secretary to

enter into cooperative agreements

otherwise authorized by law. (25 U.S.C.

3115)

5 and 6 So in original. Probably should be

“sections”.

Obligated service; breach of contract

Sec. 317 (a) Obligated service

Where an individual enters into an

agreement for obligated service in return

for financial assistance under any provision of this chapter, the Secretary shall

adopt such regulations as are necessary

to provide for the offer of employment to

the recipient of such assistance as

required by such provision. Where an

offer of employment is not reasonably

made, the regulations shall provide that

such service shall no longer be required.

(b) Breach of contract; repayment

Where an individual fails to accept a

reasonable offer of employment in

fulfillment of such obligated service or

unreasonably terminates or fails to

perform the duties of such employment,

the Secretary shall require a repayment

of the financial assistance provided,

prorated for the amount of time of

obligated service performed, together

with interest on such amount which would
78 Forest Service Land Management Planning

be payable if at the time the amounts

were paid they were loans bearing

interest at the maximum legal prevailing

rate, as determined by the Treasurer of

the United States. (25 U.S.C. 3116)

Authorization of appropriations

Sec. 318 There are authorized to be

appropriated such sums as may be

necessary to carry out the purposes of

this chapter. (25 U.S.C. 3117)

 Regulations

Sec. 319 Except as otherwise provided

by this chapter, the Secretary is directed

to promulgate final regulations for the

implementation of the 7

 chapter within

eighteen months from November 28,

1990. All regulations promulgated pursuant to this chapter shall be developed by

the Secretary with the participation of the

affected Indian tribes. (25 U.S.C. 3118)

7

 So in original. Probably should be “this”.

Severability

Sec. 320 If any provision of this chapter,

or the application of any provision of this

chapter to any person or circumstance, is

held invalid, the application of such

provision or circumstance and the remainder of this chapter shall not be affected

thereby. (25 U.S.C. 3119)

Trust responsibility

Sec. 321 Nothing in this chapter shall be

construed to diminish or expand the trust

responsibility of the United States toward

Indian forest lands, or any legal obligation

or remedy resulting therefrom. (25

U.S.C. 3120)

***
Forest Service Land Management Planning 79

Department of the Interior and Related Agencies

Appropriations Act of 1993, Forest Service

Decisionmaking and Appeals Reform

Oct. 5, 1992 (Pub. L. 102-381, 106 Stat. 1419; 16 U.S.C. 1612

note)

Title III

Sec. 322 (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
80 Forest Service Land Management Planning

(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).(16 U.S.C. 1612 note)
National Forest System Resource Management 81

Omnibus Consolidated and Emergency

Supplemental Appropriations Act of 1999,

Stewardship End Result Contracting Projects

October 21, 1998 (Pub. L. 105–277, 115 Stat. 471; 16 U.S.C. 2104 note)

Stewardship End Result Contracting

Projects

Sec. 347 (Endnote 1)

(a) In General.—Until September 30,

2013, the Forest Service and the Bureau

of Land Management, via agreement or

contract as appropriate, may enter into

stewardship contracting projects with

private persons or other public or private

entities to perform services to achieve

land management goals for the national

forests and the public lands that meet

local and rural community needs.

(b) Land Management Goals.—The land

management goals of a project under

subsection (a) may include, among other

things—

(1) road and trail maintenance or

obliteration to restore or maintain water

quality;

(2) soil productivity, habitat for wildlife

and fisheries, or other resource values;

(3) setting of prescribed fires to improve the composition, structure,

condition, and health of stands or to

improve wildlife habitat;

(4) removing vegetation or other

activities to promote healthy forest

stands, reduce fire hazards, or achieve

other land management objectives;

(5) watershed restoration and maintenance;

(6) restoration and maintenance of

wildlife and fish habitat; and

(7) control of noxious and exotic weeds

and reestablishing native plant species.

(c) Agreements or Contracts.—

(1) Procurement Procedure.—A source

for performance of an agreement or

contract under subsection (a) shall be

selected on a best-value basis, including

consideration of source under other

public and private agreements or

contracts.

(2) Term.—A multiyear contract may

be entered into under subsection (a) in

accordance with section 304B of the

Federal Property and Administrative

Services Act of 1949 (41 U.S.C. 254c),

except that the period of the contract

may exceed 5 years but may not

exceed 10 years.

(3) Offsets.—

(A) In General.—In connection with

agreement or contracts under subsection (a), the Forest Service and the

Bureau of Land Management may

apply the value of timber or other

forest products removed as an offset

against the cost of services received.
82 National Forest System Resource Management

(B) Methods of Appraisal.—The

value of timber or other forest products used as offsets under subparagraph (A)—

(i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products

to be removed;

(ii) may be determined using a unit

of measure appropriate to the

agreement or contracts; and

(iii) may include valuing products on

a per-acre basis.

(4) Relation to Other Laws.—The

Forest Service may enter into agreement or contracts under subsection (a),

notwithstanding subsections (d) and (g)

of section 14 of the National Forest

Management Act of 1976 (16 U.S.C.

472a).

(5) Contracting Officer.—Notwithstanding any other provision of law, the

Secretary of Agriculture or the Secretary of the Interior may determine the

appropriate contracting officer to enter

into and administer an agreement or

contract under subsection (a).

(d) Receipts.—

(1) In General.—The Forest Service

and the Bureau of Land Management

may collect monies from an agreement

or contract under subsection (a) so long

as such collection is a secondary

objective of negotiating contracts that

will best achieve the purposes of this

section.

(2) Use.—Monies from an agreement

or contract under subsection (a) may be

retained by the Forest Service and the

Bureau of Land Management and shall

be available for expenditure without

further appropriation at the project site

from which the monies are collected or

at another project site.

(3) Relation to Other Laws.—The

value of services received by the Forest

Service or the Bureau of Land Management under a stewardship contract

project conducted under this section,

and any payments made or resources

provided by the contractor or the Forest

Service or the Bureau of Land Management under such a project, shall not

be considered to be monies received

from the National Forest System or the

public lands under any provision of law.

The Act of June 9, 1930 (16 U.S.C. 576

et seq.; commonly known as the

Knutson- Vandenberg Act), shall not

apply to stewardship contracts entered

into under this section.

(e) Costs of Removal.—The Forest

Service may collect deposits from

contractors covering the costs of removal

of timber or other forest products pursuant to the Act of August 11, 1916 (39

Stat. 462, chapter 313; 16 U.S.C. 490);

and the next to the last paragraph under

the heading “Forest Service.” under the

heading “Department of Agriculture” in

the Act of June 30, 1914 (38 Stat. 430,

chapter 131; 16 U.S.C. 498); notwithstanding the fact that the timber purchasers did not harvest the timber.
National Forest System Resource Management 83

(f) Performance and Payment Guarantees.—

(1) In General.—The Forest Service

and the Bureau of Land Management

may require performance and payment

bonds, in accordance with sections

103–2 and 103–2 of part 28 of the

Federal Acquisition Regulation (48

C.F.R. 28.103–2, 28.103–3), in an

amount that the contracting officer

considers sufficient to protect the

Government’s investment in receipts

generated by the contractor from the

estimated value of the forest products

to be removed under contract under

subsection (a).

(2) Excess Offset Value.—If the offset

value of the forest products exceeds

the value of the resource improvement

treatments, the Forest Service and the

Bureau of Land Management may—

(A) collect any residual receipts

pursuant to the Act of June 9, 1930

(46 Stat. 527, chapter 416; 16 U.S.C.

576b); and

(B) apply the excess to other authorized stewardship projects.

(g) Monitoring, Evaluation and Reporting.—The Forest Service and the Bureau

of Land Management shall establish a

multiparty monitoring and evaluation

process that accesses the stewardship

contracting projects project conducted

under this section. Besides the Forest

Service and the Bureau of Land Management, participants in this process may

include any cooperating governmental

agencies, including tribal governments,

and any interested groups or individuals.

The Forest Service and the Bureau of

Land Management shall report annually

to the Committee on Appropriations of

the House of Representatives and the

Committee on Appropriations of the

Senate on—

(1) the status of development, execution, and administration of agreements

or contracts under subsection (a);

(2) the specific accomplishments that

have resulted; and

(3) the role of local communities in

development of agreements or contract

plans. (16 U.S.C. 2104)

(Endnote 1) Section 338 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public

Law 106–291; 114 Stat. 998; 16 U.S.C.

2104 note), provides as follows:

Sec. 338 The authority to enter into

stewardship and end result contracts

provided to the Forest Service in accordance with section 347 of title III of

section 101(e) of division A of Public

Law 105–825 is hereby expanded to

authorize the Forest Service to enter into

an additional 28 contracts subject to the

same terms and conditions as provided in

that section: Provided, That of the

additional contracts authorized by this

section at least 9 shall be allocated to

Region 1 and at least 3 to Region 6.
84 National Forest System Resource Management

Healthy Forests Restoration Act of 2003

December 3, 2003 (Pub. L. 108-148, 117 Stat. 1887)

The Healhty Forest Restoration Act was

enacted just prior to the completeion of

this edition. The language you see below

is taken from the Act because it has not

yet been incorporated into the Code.

To improve the capacity of the Secretary

of Agriculture and the Secretary of the

Interior to conduct hazardous fuels

reduction projects on National Forest

System lands and Bureau of Land

Management lands aimed at protecting

communities, watersheds, and certain

other at-risk lands from catastrophic

wildfire, to enhance efforts to protect

watersheds and address threats to forest

and rangeland health, including catastrophic wildfire, across the landscape,

and for other purposes. Dec. 3, 2003 -

H.R. 1904

Be it enacted by the Senate and House

of Representatives of the United States

of America in Congress

Sec. 1 Short Title; Table of Contents.

(a) Short Title.—This (NOTE: 16 U.S.C.

6501 note.) Act may be cited as the

“Healthy Forests Restoration Act of

2003”.

(b) Table of Contents.—The table of

contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Definitions.

Title I—Hazardous Fuel Reduction

on Federal Land

Sec. 101. Definitions.

Sec. 102. Authorized hazardous fuel

reduction projects.

Sec. 103. Prioritization.

Sec. 104. Environmental analysis.

Sec. 105. Special administrative review

process.

Sec. 106. Judicial review in United States

district courts.

Sec. 107. Effect of title.

Sec. 108. Authorization of appropriations.

Title II—Biomass

Sec. 201. Improved biomass use research

program.

Sec. 202. Rural revitalization through

forestry.

Sec. 203. Biomass commercial utilization

grant program.

Title III—Watershed Forestry

Assistance

Sec. 301. Findings and purposes.

Sec. 302. Watershed forestry assistance

program.

Sec. 303. Tribal watershed forestry

assistance.
National Forest System Resource Management 85

Title IV—Insect Infestations and

Related Diseases

Sec. 401. Findings and purpose.

Sec. 402. Definitions.

Sec. 403. Accelerated information

gathering regarding forest-damaging

insects.

Sec. 404. Applied silvicultural assessments.

Sec. 405. Relation to other laws.

Sec. 406. Authorization of appropriations.

Title V—Healthy Forests Reserve

Program

Sec. 501. Establishment of healthy

forests reserve program.

Sec. 502. Eligibility and enrollment of

lands in program.

Sec. 503. Restoration plans.

Sec. 504. Financial assistance.

Sec. 505. Technical assistance.

Sec. 506. Protections and measures

Sec. 507. Involvement by other agencies

and organizations.

Sec. 508. Authorization of appropriations.

Title VI—Miscellaneous

Sec. 601. Forest stands inventory and

monitoring program to improve detection

of and response to environmental threats.

Sec. 2 (NOTE: 16 U.S.C. 6501.) Purposes. The purposes of this Act are—

(1) to reduce wildfire risk to communities, municipal water supplies, and other

at-risk Federal land through a collaborative process of planning, prioritizing, and

implementing hazardous fuel reduction

projects;

(2) to authorize grant programs to

improve the commercial value of forest

biomass (that otherwise contributes to

the risk of catastrophic fire or insect or

disease infestation) for producing

electric energy, useful heat, transportation fuel, and petroleum-based product

substitutes, and for other commercial

purposes;

(3) to enhance efforts to protect

watersheds and address threats to

forest and rangeland health, including

catastrophic wildfire, across the landscape;

(4) to promote systematic gathering of

information to address the impact of

insect and disease infestations and

other damaging agents on forest and

rangeland health;

(5) to improve the capacity to detect

insect and disease infestations at an

early stage, particularly with respect to

hardwood forests; and

(6) to protect, restore, and enhance

forest ecosystem components—

(A) to promote the recovery of

threatened and endangered species;

(B) to improve biological diversity;

and

(C) to enhance productivity and

carbon sequestration.

Sec. 3 (NOTE: 16 U.S.C. 6502.) Definitions. In this Act:
86 National Forest System Resource Management

(1) Federal land.—The term “Federal

land” means—

(A) land of the National Forest

System (as defined in section 11(a) of

the Forest and Rangeland Renewable

Resources Planning Act of 1974 (16

U.S.C. 1609(a))) administered by the

Secretary of Agriculture, acting

through the Chief of the Forest

Service; and

(B) public lands (as defined in section

103 of the Federal Land Policy and

Management Act of 1976 (43 U.S.C.

1702)), the surface of which is

administered by the Secretary of the

Interior, acting through the Director of

the Bureau of Land Management.

(2) Indian tribe.—The term “Indian

tribe” has the meaning given the term in

section 4 of the Indian Self-Determination and Education Assistance Act (25

U.S.C. 450b).

Title I—Hazardous Fuel Reduction

on Federal Land

Sec. 101 (NOTE: 16 U.S.C. 6511.)

Definitions. In this title:

(1) At-risk community.—The term “atrisk community” means an area—

(A) that is comprised of—

(i) an interface community as

defined in the notice entitled “Wildland Urban Interface Communities

Within the Vicinity of Federal Lands

That Are at High Risk From Wildfire” issued by the Secretary of

Agriculture and the Secretary of the

Interior in accordance with title IV

of the Department of the Interior

and Related Agencies Appropriations Act, 2001 (114 Stat. 1009) (66

Fed. Reg. 753, January 4, 2001); or

(ii) a group of homes and other

structures with basic infrastructure

and services (such as utilities and

collectively maintained transportation routes) within or adjacent to

Federal land;

(B) in which conditions are conducive

to a large- scale wildland fire disturbance event; and

(C) for which a significant threat to

human life or property exists as a

result of a wildland fire disturbance

event.

(2) Authorized hazardous fuel reduction

project.—The term “authorized hazardous fuel reduction project” means the

measures and methods described in the

definition of “appropriate tools” contained in the glossary of the Implementation Plan, on Federal land described in

section 102(a) and conducted under

sections 103 and 104.

(3) Community wildfire protection

plan.—The term “community wildfire

protection plan” means a plan for an atrisk community that—

(A) is developed within the context of

the collaborative agreements and the

guidance established by the Wildland

Fire Leadership Council and agreed to

by the applicable local government,

local fire department, and State

agency responsible for forest management, in consultation with interested
National Forest System Resource Management 87

parties and the Federal land management agencies managing land in the

vicinity of the at-risk community;

(B) identifies and prioritizes areas for

hazardous fuel reduction treatments

and recommends the types and

methods of treatment on Federal and

non-Federal land that will protect 1 or

more at-risk communities and essential infrastructure; and

(C) recommends measures to reduce

structural ignitability throughout the atrisk community.

(4) Condition class 2.—The term

“condition class 2”, with respect to an

area of Federal land, means the condition class description developed by the

Forest Service Rocky Mountain Research Station in the general technical

report entitled “Development of

Coarse-Scale Spatial Data for Wildland

Fire and Fuel Management” (RMRS87), dated April 2000 (including any

subsequent revision to the report),

under which—

(A) fire regimes on the land have

been moderately altered from historical ranges;

(B) there exists a moderate risk of

losing key ecosystem components

from fire;

(C) fire frequencies have increased or

decreased from historical frequencies

by 1 or more return intervals, resulting

in moderate changes to—

(i) the size, frequency, intensity, or

severity of fires; or

(ii) landscape patterns; and

(D) vegetation attributes have been

moderately altered from the historical

range of the attributes.

(5) Condition class 3.—The term

“condition class 3”, with respect to an

area of Federal land, means the condition class description developed by the

Rocky Mountain Research Station in

the general technical report referred to

in paragraph (4) (including any subsequent revision to the report), under

which—

(A) fire regimes on land have been

significantly altered from historical

ranges;

(B) there exists a high risk of losing

key ecosystem components from fire;

(C) fire frequencies have departed

from historical frequencies by multiple

return intervals, resulting in dramatic

changes to—

(i) the size, frequency, intensity, or

severity of fires; or

(ii) landscape patterns; and

(D) vegetation attributes have been

significantly altered from the historical

range of the attributes.

(6) Day.—The term “day” means—

(A) a calendar day; or

(B) if a deadline imposed by this title

would expire on a nonbusiness day, the

end of the next business day.

(7) Decision document.—The term

“decision document” means—
88 National Forest System Resource Management

(A) a decision notice (as that term is

used in the Forest Service Handbook);

(B) a decision record (as that term is

used in the Bureau of Land Management Handbook); and

(C) a record of decision (as that term

is used in applicable regulations of the

Council on Environmental Quality).

(8) Fire regime i.—The term “fire

regime I” means an area—

(A) in which historically there have

been low- severity fires with a frequency of 0 through 35 years; and

(B) that is located primarily in low

elevation forests of pine, oak, or

pinyon juniper.

(9) Fire regime ii.—The term “fire

regime II” means an area—

(A) in which historically there are

stand replacement severity fires with

a frequency of 0 through 35 years;

and

(B) that is located primarily in low- to

mid- elevation rangeland, grassland, or

shrubland.

(10) Fire regime iii.—The term “fire

regime III” means an area—

(A) in which historically there are

mixed severity fires with a frequency

of 35 through 100 years; and

(B) that is located primarily in forests

of mixed conifer, dry Douglas fir, or

wet Ponderosa pine.

(11) Implementation plan.—The term

“Implementation Plan” means the

Implementation Plan for the Comprehensive Strategy for a Collaborative

Approach for Reducing Wildland Fire

Risks to Communities and the Environment, dated May 2002, developed

pursuant to the conference report to

accompany the Department of the

Interior and Related Agencies Appropriations Act, 2001 (House Report No.

106-64) (and subsequent revisions).

(12) Municipal water supply system.—

The term “municipal water supply

system” means the reservoirs, canals,

ditches, flumes, laterals, pipes, pipelines,

and other surface facilities and systems

constructed or installed for the collection, impoundment, storage, transportation, or distribution of drinking water.

(13) Resource management plan.—The

term “resource management plan”

means—

(A) a land and resource management

plan prepared for 1 or more units of

land of the National Forest System

described in section 3(1)(A) under

section 6 of the Forest and Rangeland

Renewable Resources Planning Act

of 1974 (16 U.S.C. 1604); or

(B) a land use plan prepared for 1 or

more units of the public land described

in section 3(1)(B) under section 202

of the Federal Land Policy and

Management Act of 1976 (43 U.S.C.

1712).

(14) Secretary.—The term “Secretary”

means—

(A) the Secretary of Agriculture, with

respect to land of the National Forest
National Forest System Resource Management 89

System described in section 3(1)(A);

and

(B) the Secretary of the Interior, with

respect to public lands described in

section 3(1)(B).

(15) Threatened and endangered

species habitat.—The term “threatened

and endangered species habitat” means

Federal land identified in—

(A) a determination that a species is

an endangered species or a threatened

species under the Endangered Species

Act of 1973 (16 U.S.C. 1531 et seq.);

(B) a designation of critical habitat of

the species under that Act; or

(C) a recovery plan prepared for the

species under that Act.

(16) Wildland-urban interface.—The

term “wildland-urban interface”

means—

(A) an area within or adjacent to an

at-risk community that is identified in

recommendations to the Secretary in

a community wildfire protection plan;

or

(B) in the case of any area for which

a community wildfire protection plan

is not in effect—

(i) an area extending \1/2\-mile from

the boundary of an at-risk community;

(ii) an area within 1\1/2\ miles of the

boundary of an at-risk community,

including any land that—

(I) has a sustained steep slope that

creates the potential for wildfire

behavior endangering the at-risk

community;

(II) has a geographic feature that

aids in creating an effective fire

break, such as a road or ridge top;

or

(III) is in condition class 3, as

documented by the Secretary in the

project-specific environmental

analysis; and

(iii) an area that is adjacent to an

evacuation route for an at-risk

community that the Secretary

determines, in cooperation with the

at- risk community, requires hazardous fuel reduction to provide safer

evacuation from the at-risk community.

Sec. 102. (NOTE: 16 U.S.C. 6512.)

Authorized Hazardous Fuel Reduction

Projects.

(a) Authorized Projects.—As soon as

practicable after the date of enactment of

this Act, the Secretary shall implement

authorized hazardous fuel reduction

projects, consistent with the Implementation Plan, on—

(1) Federal land in wildland-urban

interface areas;

(2) condition class 3 Federal land, in

such proximity to a municipal water

supply system or a stream feeding such

a system within a municipal watershed

that a significant risk exists that a fire

disturbance event would have adverse

effects on the water quality of the

municipal water supply or the maintenance of the system, including a risk to
90 National Forest System Resource Management

water quality posed by erosion following such a fire disturbance event;

(3) condition class 2 Federal land

located within fire regime I, fire regime

II, or fire regime III, in such proximity

to a municipal water supply system or a

stream feeding such a system within a

municipal watershed that a significant

risk exists that a fire disturbance event

would have adverse effects on the

water quality of the municipal water

supply or the maintenance of the

system, including a risk to water quality

posed by erosion following such a fire

disturbance event;

(4) Federal land on which windthrow or

blowdown, ice storm damage, the

existence of an epidemic of disease or

insects, or the presence of such an

epidemic on immediately adjacent land

and the imminent risk it will spread,

poses a significant threat to an ecosystem component, or forest or rangeland

resource, on the Federal land or adjacent non-Federal land; and

(5) Federal land not covered by paragraphs (1) through (4) that contains

threatened and endangered species

habitat, if—

(A) natural fire regimes on that land

are identified as being important for,

or wildfire is identified as a threat to,

an endangered species, a threatened

species, or habitat of an endangered

species or threatened species in a

species recovery plan prepared under

section 4 of the Endangered Species

Act of 1973 (16 U.S.C. 1533), or a

notice published in the Federal Register determining a species to be an

endangered species or a threatened

species or designating critical habitat;

(B) the authorized hazardous fuel

reduction project will provide enhanced protection from catastrophic

wildfire for the endangered species,

threatened species, or habitat of the

endangered species or threatened

species; and

(C) the Secretary complies with any

applicable guidelines specified in any

management or recovery plan described in subparagraph (A).

(b) Relation to Agency Plans.—An

authorized hazardous fuel reduction

project shall be conducted consistent with

the resource management plan and other

relevant administrative policies or decisions applicable to the Federal land

covered by the project.

(c) Acreage Limitation.—Not more than

a total of 20,000,000 acres of Federal

land may be treated under authorized

hazardous fuel reduction projects.

(d) Exclusion of Certain Federal Land.—

The Secretary may not conduct an

authorized hazardous fuel reduction

project that would occur on—

(1) a component of the National Wilderness Preservation System;

(2) Federal land on which the removal

of vegetation is prohibited or restricted

by Act of Congress or Presidential

proclamation (including the applicable

implementation plan); or

(3) a Wilderness Study Area.
National Forest System Resource Management 91

(e) Old Growth Stands.—

(1) Definitions.—In this subsection and

subsection (f):

(A) Applicable period.—The term

“applicable period” means—

(i) the 2-year period beginning on

the date of enactment of this Act; or

(ii) in the case of a resource management plan that the Secretary is in

the process of revising as of the

date of enactment of this Act, the 3-

year period beginning on the date of

enactment of this Act.

(B) Covered project.—The term

“covered project” means an authorized hazardous fuel reduction project

carried out on land described in

paragraph (1), (2), (3), or (5) of

subsection (a).

(C) Management direction.—The

term “management direction” means

definitions, designations, standards,

guidelines, goals, or objectives established for an old growth stand under a

resource management plan developed

in accordance with applicable law,

including section 6(g)(3)(B) of the

Forest and Rangeland Renewable

Resources Planning Act of 1974 (16

U.S.C. 1604(g)(3)(B)).

(D) Old growth stand.—The term

“old growth stand” has the meaning

given the term under management

direction used pursuant to paragraphs

(3) and (4), based on the structure and

composition characteristic of the

forest type, and in accordance with

applicable law, including section

6(g)(3)(B) of the Forest and Rangeland Renewable Resources Planning

Act of 1974 (16 U.S.C.

1604(g)(3)(B)).

(2) Project requirements.—In carrying

out a covered project, the Secretary

shall fully maintain, or contribute toward

the restoration of, the structure and

composition of old growth stands

according to the pre-fire suppression

old growth conditions characteristic of

the forest type, taking into account the

contribution of the stand to landscape

fire adaptation and watershed health,

and retaining the large trees contributing to old growth structure.

(3) Newer management direction.—

(A) In general.—If the management

direction for an old growth stand was

established on or after December 15,

1993, the Secretary shall meet the

requirements of paragraph (2) in

carrying out a covered project by

implementing the management direction.

(B) Amendments or revisions.—Any

amendment or revision to management direction for which final administrative approval is granted after the

date of enactment of this Act shall be

consistent with paragraph (2) for the

purpose of carrying out covered

projects.

(4) Older management direction.—

(A) In general.—If the management

direction for an old growth stand was

established before December 15,

1993, the Secretary shall meet the
92 National Forest System Resource Management

requirements of paragraph (2) in

carrying out a covered project during

the applicable period by implementing

the management direction.

(B) Review required.—Subject to

subparagraph (C), during the applicable period for management direction

referred to in subparagraph (A), the

Secretary shall—

(i) review the management direction

for affected covered projects, taking

into account any relevant scientific

information made available since the

adoption of the management direction; and

(ii) amend the management direction

for affected covered projects to be

consistent with paragraph (2), if

necessary to reflect relevant scientific information the Secretary did

not consider in formulating the

management direction.

(C) Review not completed.—If the

Secretary does not complete the

review of the management direction in

accordance with subparagraph (B)

before the end of the applicable

period, the Secretary shall not carry

out any portion of affected covered

projects in stands that are identified as

old growth stands (based on substantial supporting evidence) by any

person during scoping, within the

period—

(i) beginning at the close of the

applicable period for the management direction governing the affected covered projects; and

(ii) ending on the earlier of—

(I) the date the Secretary completes the action required by

subparagraph (B) for the management direction applicable to the

affected covered projects; or

(II) the date on which the acreage

limitation specified in subsection

(c) (as that limitation may be

adjusted by a subsequent Act of

Congress) is reached.

(5) Limitation to covered projects.—

Nothing in this subsection requires the

Secretary to revise or otherwise amend

a resource management plan to make

the project requirements of paragraph

(2) apply to an activity other than a

covered project

(f) Large Tree Retention.—

(1) In general.—Except in old growth

stands where the management direction

is consistent with subsection (e)(2), the

Secretary shall carry out a covered

project in a manner that—

(A) focuses largely on small diameter

trees, thinning, strategic fuel breaks,

and prescribed fire to modify fire

behavior, as measured by the projected reduction of uncharacteristically

severe wildfire effects for the forest

type (such as adverse soil impacts,

tree mortality or other impacts); and

(B) maximizes the retention of large

trees, as appropriate for the forest

type, to the extent that the trees

promote fire-resilient stands.

(2) Wildfire risk.—Nothing in this

subsection prevents achievement of the

purposes described in section 2(1).
National Forest System Resource Management 93

(g) Monitoring and Assessing Forest and

Rangeland Health.—

(1) In general.—For each Forest

Service administrative region and each

Bureau of Land Management State

Office, the Secretary shall—

(A) monitor the results of a representative sample of the projects authorized under this title for each management unit; and

(B) (NOTE: Deadline. Reports.) not

later than 5 years after the date of

enactment of this Act, and each 5

years thereafter, issue a report that

includes—

(i) an evaluation of the progress

towards project goals; and

(ii) recommendations for modifications to the projects and management treatments.

(2) Consistency of projects with recommendations.—An authorized hazardous

fuel reduction project approved following the issuance of a monitoring report

shall, to the maximum extent practicable, be consistent with any applicable

recommendations in the report.

(3) Similar vegetation types.—The

results of a monitoring report shall be

made available for use (if appropriate)

in an authorized hazardous fuels reduction project conducted in a similar

vegetation type on land under the

jurisdiction of the Secretary.

(4) Monitoring and assessments.—

Monitoring and assessment shall include

a description of the changes in condition

class, using the Fire Regime Condition

Class Guidebook or successor guidance,

specifically comparing end results to—

(A) pretreatment conditions;

(B) historical fire regimes; and

(C) any applicable watershed or

landscape goals or objectives in the

resource management plan or other

relevant direction.

(5) Multiparty monitoring.—

(A) In general.—In an area where

significant interest is expressed in

multiparty monitoring, the Secretary

shall establish a multiparty monitoring,

evaluation, and accountability process

in order to assess the positive or

negative ecological and social effects

of authorized hazardous fuel reduction

projects and projects conducted

pursuant to section 404.

(B) Diverse stakeholders.—The

Secretary shall include diverse stakeholders (including interested citizens

and Indian tribes) in the process

required under subparagraph (A).

(C) Funding.—Funds to carry out this

paragraph may be derived from

operations funds for projects described in subparagraph (A).

(6) Collection of monitoring data.—The

Secretary may collect monitoring data

by entering into cooperative agreements

or contracts with, or providing grants to,

small or micro- businesses, cooperatives, nonprofit organizations, Youth

Conservation Corps work crews, or
94 National Forest System Resource Management

related State, local, and other nonFederal conservation corps.

(7) Tracking.—For each administrative

unit, the Secretary shall track acres

burned, by the degree of severity, by

large wildfires (as defined by the

Secretary).

(8) Monitoring and maintenance of

treated areas.—The Secretary shall, to

the maximum extent practicable,

develop a process for monitoring the

need for maintenance of treated areas,

over time, in order to preserve the

forest health benefits achieved.

Sec. 103 (NOTE: 16 U.S.C. 6513.)

Prioritization.

(a) In General.—In accordance with the

Implementation Plan, the Secretary shall

develop an annual program of work for

Federal land that gives priority to authorized hazardous fuel reduction projects

that provide for the protection of at-risk

communities or watersheds or that

implement community wildfire protection

plans.

(b) Collaboration.—

(1) In general.—The Secretary shall

consider recommendations under

subsection (a) that are made by at-risk

communities that have developed

community wildfire protection plans.

(2) Exemption.—The Federal Advisory

Committee Act (5 U.S.C. App.) shall

not apply to the planning process and

recommendations concerning community wildfire protection plans.

(c) Administration.—

(1) In general.—Federal agency

involvement in developing a community

wildfire protection plan, or a recommendation made in a community

wildfire protection plan, shall not be

considered a Federal agency action

under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et

seq.).

(2) Compliance.—In implementing

authorized hazardous fuel reduction

projects on Federal land, the Secretary

shall, in accordance with section 104,

comply with the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et

seq.).

(d) Funding Allocation.—

(1) Federal land.—

(A) In general.—Subject to subparagraph (B), the Secretary shall use not

less than 50 percent of the funds

allocated for authorized hazardous

fuel reduction projects in the wildlandurban interface.

(B) Applicability and allocation.—The

funding allocation in subparagraph (A)

shall apply at the national level. The

Secretary may allocate the proportion

of funds differently than is required

under subparagraph (A) within

individual management units as

appropriate, in particular to conduct

authorized hazardous fuel reduction

projects on land described in section

102 (a)(4).

(C) Wildland-urban interface.—In the

case of an authorized hazardous fuel

reduction project for which a decision
National Forest System Resource Management 95

notice is issued during the 1-year

period beginning on the date of

enactment of this Act, the Secretary

shall use existing definitions of the

term “wildland-urban interface” rather

than the definition of that term provided under section 101.

(2) Non-federal land.—

(A) In general.—In providing financial

assistance under any provision of law

for hazardous fuel reduction projects

on non-Federal land, the Secretary

shall consider recommendations made

by at-risk communities that have

developed community wildfire protection plans.

(B) Priority.—In allocating funding

under this paragraph, the Secretary

should, to the maximum extent practicable, give priority to communities that

have adopted a community wildfire

protection plan or have taken proactive measures to encourage willing

property owners to reduce fire risk on

private property.

Sec. 104 (NOTE: 16 U.S.C. 6514.)

Environmental Analysis.

(a) Authorized Hazardous Fuel Reduction

Projects.—Except as otherwise provided

in this title, the Secretary shall conduct

authorized hazardous fuel reduction

projects in accordance with—

(1) the National Environmental Policy

Act of 1969 (42 U.S.C. 4331 et seq.);

and

(2) other applicable laws.

(b) Environmental Assessment or Environmental Impact Statement.—The

Secretary shall prepare an environmental

assessment or an environmental impact

statement pursuant to section 102 (2) of

the National Environmental Policy Act of

1969 (42 U.S.C. 4332 (2)) for each

authorized hazardous fuel reduction

project.

(c) Consideration of Alternatives.—

(1) In general.—Except as provided in

subsection (d), in the environmental

assessment or environmental impact

statement prepared under subsection

(b), the Secretary shall study, develop,

and describe—

(A) the proposed agency action;

(B) the alternative of no action; and

(C) an additional action alternative, if

the additional alternative—

(i) is proposed during scoping or the

collaborative process under subsection (f); and

(ii) meets the purpose and need of

the project, in accordance with

regulations promulgated by the

Council on Environmental Quality.

(2) Multiple additional alternatives.—If

more than 1 additional alternative is

proposed under paragraph (1)(C), the

Secretary shall—

(A) select which additional alternative

to consider, which is a choice that is in

the sole discretion of the Secretary;

and

(B) provide a written record describing the reasons for the selection.
96 National Forest System Resource Management

(d) Alternative Analysis Process for

Projects in Wildland-Urban Interface.—

(1) Proposed agency action and 1

action alternative.—For an authorized

hazardous fuel reduction project that is

proposed to be conducted in the wildland-urban interface, the Secretary is

not required to study, develop, or

describe more than the proposed

agency action and 1 action alternative

in the environmental assessment or

environmental impact statement prepared pursuant to section 102(2) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332 (2)).

(2) Proposed agency action.—Notwithstanding paragraph (1), but subject to

paragraph

(3), if an authorized hazardous fuel

reduction project proposed to be

conducted in the wildland-urban interface is located no further than 1\1/2\

miles from the boundary of an at-risk

community, the Secretary is not required to study, develop, or describe any

alternative to the proposed agency

action in the environmental assessment

or environmental impact statement

prepared pursuant to section 102 (2) of

the National Environmental Policy Act

of 1969 (42 U.S.C. 4332 (2)).

(3) Proposed agency action and community wildfire protection plan alternative.—In the case of an authorized

hazardous fuel reduction project described in paragraph (2), if the at-risk

community has adopted a community

wildfire protection plan and the proposed agency action does not implement the recommendations in the plan

regarding the general location and basic

method of treatments, the Secretary

shall evaluate the recommendations in

the plan as an alternative to the proposed agency action in the environmental assessment or environmental impact

statement prepared pursuant to section

102 (2) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332

(2)).

(e) Public Notice and Meeting.—

(1) Public notice.—The Secretary shall

provide notice of each authorized

hazardous fuel reduction project in

accordance with applicable regulations

and administrative guidelines.

(2) Public meeting.—During the

preparation stage of each authorized

hazardous fuel reduction project, the

Secretary shall—

(A) conduct a public meeting at an

appropriate location proximate to the

administrative unit of the Federal land

on which the authorized hazardous

fuel reduction project will be conducted; and

(B) provide advance notice of the

location, date, and time of the meeting.

(f) Public Collaboration.—In order to

encourage meaningful public participation

during preparation of authorized hazardous fuel reduction projects, the Secretary

shall facilitate collaboration among State

and local governments and Indian tribes,

and participation of interested persons,

during the preparation of each authorized
National Forest System Resource Management 97

fuel reduction project in a manner consistent with the Implementation Plan.

(g) Environmental Analysis and Public

Comment.—In accordance with section

102 (2) of the National Environmental

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

and the applicable regulations and administrative guidelines, the Secretary shall

provide an opportunity for public comment during the preparation of any

environmental assessment or environmental impact statement for an authorized hazardous fuel reduction project.

(h) Decision Document.—The Secretary

shall sign a decision document for authorized hazardous fuel reduction projects

and provide notice of the final agency

actions.

Sec. 105 (NOTE: 16 U.S.C. 6515.)

Special Administrative Review Process.

(a) Interim Final Regulations.—

(1) In general.—Not (NOTE: Deadline.) later than 30 days after the date

of the enactment of this Act, the

Secretary of Agriculture shall promulgate interim final regulations to establish

a predecisional administrative review

process for the period described in

paragraph (2) that will serve as the sole

means by which a person can seek

administrative review regarding an

authorized hazardous fuel reduction

project on Forest Service land.

(2) Period.—The predecisional administrative review process required under

paragraph (1) shall occur during the

period—

(A) beginning after the completion of

the environmental assessment or

environmental impact statement; and

(B) ending not later than the date of

the issuance of the final decision

approving the project.

(3) Eligibility.—To be eligible to participate in the administrative review

process for an authorized hazardous

fuel reduction project under paragraph

(1), a person shall submit to the Secretary, during scoping or the public

comment period for the draft environmental analysis for the project, specific

written comments that relate to the

proposed action.

(4) Effective date.—The interim final

regulations promulgated under paragraph (1) shall take effect on the date

of promulgation of the regulations.

(b) Final Regulations.—The Secretary

shall promulgate final regulations to

establish the process described in subsection (a) (1) after the interim final regulations have been published and reasonable

time has been provided for public comment.

(c) Administrative Review.—

(1) In general.—A person may bring a

civil action challenging an authorized

hazardous fuel reduction project in a

Federal district court only if the person

has challenged the authorized hazardous fuel reduction project by exhausting—

(A) the administrative review process

established by the Secretary of

Agriculture under this section; or
98 National Forest System Resource Management

(B) the administrative hearings and

appeals procedures established by the

Department of the Interior.

(2) Issues.—An issue may be considered in the judicial review of an action

under section 106 only if the issue was

raised in an administrative review

process described in paragraph (1).

(3) Exception.—

(A) In general.—An exception to the

requirement of exhausting the administrative review process before

seeking judicial review shall be

available if a Federal court finds that

the futility or inadequacy exception

applies to a specific plaintiff or claim.

(B) Information.—If an agency fails

or is unable to make information

timely available during the administrative review process, a court should

evaluate whether the administrative

review process was inadequate for

claims or issues to which the information is material.

Sec. 106 (NOTE: 16 U.S.C. 6516.)

Judicial Review in United States District

Courts.

(a) Venue.—Notwithstanding section

1391 of title 28, United States Code, or

other applicable law, an authorized

hazardous fuels reduction project conducted under this title shall be subject to

judicial review only in the United States

district court for a district in which the

Federal land to be treated under the

authorized hazardous fuels reduction

project is located.

(b) Expeditious Completion of Judicial

Review.—In the judicial review of an

action challenging an authorized hazardous fuel reduction project under subsection (a), Congress encourages a court of

competent jurisdiction to expedite, to the

maximum extent practicable, the proceedings in the action with the goal of

rendering a final determination on jurisdiction, and (if jurisdiction exists) a final

determination on the merits, as soon as

practicable after the date on which a

complaint or appeal is filed to initiate the

action.

(c) Injunctions.—

(1) In general.—Subject to paragraph

(2), the length of any preliminary

injunctive relief and stays pending

appeal covering an authorized hazardous fuel reduction project carried out

under this title shall not exceed 60 days.

(2) Renewal.—

(A) In general.—A court of competent jurisdiction may issue 1 or more

renewals of any preliminary injunction,

or stay pending appeal, granted under

paragraph (1).

(B) Updates.—In each renewal of an

injunction in an action, the parties to

the action shall present the court with

updated information on the status of

the authorized hazardous fuel reduction project.

(3) Balancing of short- and long-term

effects.—As part of its weighing the

equities while considering any request

for an injunction that applies to an

agency action under an authorized
National Forest System Resource Management 99

hazardous fuel reduction project, the

court reviewing the project shall balance the impact to the ecosystem likely

affected by the project of—

(A) the short- and long-term effects

of undertaking the agency action;

against

(B) the short- and long-term effects

of not undertaking the agency action.

Sec. 107 (NOTE: 16 U.S.C. 6517.)

Effect of Title.

(a) Other Authority.—Nothing in this title

affects, or otherwise biases, the use by

the Secretary of other statutory or

administrative authority (including categorical exclusions adopted to implement

the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.)) to conduct a hazardous fuel reduction project

on Federal land (including Federal land

identified in section 102 (d)) that is not

conducted using the process authorized

by section 104.

(b) National Forest System.—For

projects and activities of the National

Forest System other than authorized

hazardous fuel reduction projects, nothing

in this title affects, or otherwise biases,

the notice, comment, and appeal procedures for projects and activities of the

National Forest System contained in part

215 of title 36, Code of Federal Regulations, or the consideration or disposition

of any legal action brought with respect

to the procedures.

Sec. 108 (NOTE: 16 U.S.C. 6518.)

Authorization of Appropriations. There is

authorized to be appropriated

$760,000,000 for each fiscal year to carry

out—

(1) activities authorized by this title; and

(2) other hazardous fuel reduction

activities of the Secretary, including

making grants to States, local governments, Indian tribes, and other eligible

recipients for activities authorized by

law.

Title II—Biomass 

Sec. 201 Improved Biomass Use Research Program.

(a) Uses of Grants, Contracts, and

Assistance.—Section 307 (d) of the

Biomass Research and Development Act

of 2000 (7 U.S.C. 7624 note; Public Law

106-224) (NOTE: 7 U.S.C. 8101 note.) is

amended—

(1) in paragraph (3), by striking “or” at

the end;

(2) in paragraph (4), by striking the

period at the end and inserting “; or”;

and

(3) by adding at the end the following:

“(5) research to integrate silviculture,

harvesting, product development,

processing information, and economic

evaluation to provide the science,

technology, and tools to forest managers and community developers for use

in evaluating forest treatment and

production alternatives, including— “

(A) to develop tools that would enable

land managers, locally or in a severalState region, to estimate— “
100 National Forest System Resource Management

(i) the cost to deliver varying quantities of wood to a particular location;

and “

(ii) the amount that could be paid for

stumpage if delivered wood was

used for a specific mix of products;

“

(B) to conduct research focused on

developing appropriate thinning

systems and equipment designs that

are— “

(i) capable of being used on land

without significant adverse effects

on the land; “

(ii) capable of handling large and

varied landscapes; “

(iii) adaptable to handling a wide

variety of tree sizes; “

(iv) inexpensive; and “

(v) adaptable to various terrains; and

“

(C) to develop, test, and employ in the

training of forestry managers and

community developers curricula

materials and training programs on

matters described in subparagraphs

(A) and (B).”.

(b) Funding.—Section 310 (b) of the

Biomass Research and Development Act

of 2000 (7 U.S.C. 7624 note; Public Law

106-224) (NOTE: 7 U.S.C. 8101 note.) is

amended by striking “$49,000,000” and

inserting “$54,000,000”.

Sec. 202 Rural Revitalization Through

Forestry. Section 2371 of the Food,

Agriculture, Conservation, and Trade Act

of 1990 (7 U.S.C. 6601) is amended by

adding at the end the following: “

(d) Rural Revitalization Technologies.— “

(1) In general.—The Secretary of

Agriculture, acting through the Chief of

the Forest Service, in consultation with

the State and Private Forestry Technology Marketing Unit at the Forest

Products Laboratory, and in collaboration with eligible institutions, may carry

out a program— “

(A) to accelerate adoption of technologies using biomass and smalldiameter materials; “

(B) to create community-based

enterprises through marketing activities and demonstration projects; and “

(C) to establish small-scale business

enterprises to make use of biomass

and small-diameter materials. “

(2) Authorization of appropriations.—

There is authorized to be appropriated

to carry out this subsection $5,000,000

for each of fiscal years 2004 through

2008.”.

Sec. 203 (NOTE: 16 U.S.C. 6531.)

Biomass Commercial Utilization Grant

Program.

(a) In General.—In addition to any other

authority of the Secretary of Agriculture

to make grants to a person that owns or

operates a facility that uses biomass as a

raw material to produce electric energy,

sensible heat, transportation fuel, or

substitutes for petroleum-based products,

the Secretary may make grants to a

person that owns or operates a facility
Forest Service Land Management Planning 101

that uses biomass for wood-based

products or other commercial purposes to

offset the costs incurred to purchase

biomass.

(b) Authorization of Appropriations.—

There is authorized to be appropriated to

carry out this section $5,000,000 for each

of fiscal years 2004 through 2008.

Title III—Watershed Forestry

Assistance

Sec. 301 (NOTE: 16 U.S.C. 6541.)

Findings and Purposes.

(a) Findings.—Congress finds that—

(1) there has been a dramatic shift in

public attitudes and perceptions about

forest management, particularly in the

understanding and practice of sustainable forest management;

(2) it is commonly recognized that the

proper stewardship of forest land is

essential to sustaining and restoring the

health of watersheds;

(3) forests can provide essential ecological services in filtering pollutants,

buffering important rivers and estuaries,

and minimizing flooding, which makes

forest restoration worthy of special

focus; and

(4) strengthened education, technical

assistance, and financial assistance for

nonindustrial private forest landowners

and communities, relating to the protection of watershed health, is needed to

realize the expectations of the general

public.

(b) Purposes.—The purposes of this title

are—

(1) to improve landowner and public

understanding of the connection between forest management and watershed health;

(2) to encourage landowners to maintain tree cover on property and to use

tree plantings and vegetative treatments

as creative solutions to watershed

problems associated with varying land

uses;

(3) to enhance and complement forest

management and buffer use for watersheds, with an emphasis on community

watersheds;

(4) to establish new partnerships and

collaborative watershed approaches to

forest management, stewardship, and

conservation;

(5) to provide technical and financial

assistance to States to deliver a coordinated program that enhances State

forestry best-management practices

programs, and conserves and improves

forested land and potentially forested

land, through technical, financial, and

educational assistance to qualifying

individuals and entities; and

(6) to maximize the proper management

and conservation of wetland forests and

to assist in the restoration of those

forests.

Sec. 302 Watershed Forestry Assistance

Program. The Cooperative Forestry

Assistance Act of 1978 is amended by

inserting after section 5 (16 U.S.C.

2103a) the following: “Sec. 6. (NOTE: 16
102 Forest Service Land Management Planning

U.S.C. 2103b.) Watershed Forestry

Assistance Program. “

(a) Definition of Nonindustrial Private

Forest Land.—In this section, the term

‘nonindustrial private forest land’ means

rural land, as determined by the Secretary, that— “

(1) has existing tree cover or that is

suitable for growing trees; and “

(2) is owned by any nonindustrial

private individual, group, association,

corporation, or other private legal entity,

that has definitive decisionmaking

authority over the land. “

(b) General Authority and Purpose.—The

Secretary, acting through the Chief of the

Forest Service and (where appropriate)

through the Cooperative State Research,

Education, and Extension Service, may

provide technical, financial, and related

assistance to State foresters, equivalent

State officials, or Cooperative Extension

officials at land grant colleges and

universities and 1890 institutions for the

purpose of expanding State forest stewardship capacities and activities through

State forestry best-management practices

and other means at the State level to

address watershed issues on non-Federal

forested land and potentially forested

land. “

(c) Technical Assistance To Protect

Water Quality.— “

(1) In general.—The Secretary, in

cooperation with State foresters or

equivalent State officials, shall engage

interested members of the public,

including nonprofit organizations and

local watershed councils, to develop a

program of technical assistance to

protect water quality described in

paragraph (2). “

(2) Purpose of program.—The program

under this subsection shall be designed— “

(A) to build and strengthen watershed

partnerships that focus on forested

landscapes at the State, regional, and

local levels; “

(B) to provide State forestry bestmanagement practices and water

quality technical assistance directly to

owners of nonindustrial private forest

land

(C) to provide technical guidance to

land managers and policymakers for

water quality protection through forest

management; “

(D) to complement State and local

efforts to protect water quality and

provide enhanced opportunities for

consultation and cooperation among

Federal and State agencies charged

with responsibility for water and

watershed management; and “

(E) to provide enhanced forest

resource data and support for improved implementation and monitoring

of State forestry best-management

practices. “

(3) Implementation.—In the case of a

participating State, the program of

technical assistance shall be implemented by State foresters or equivalent

State officials. “
Forest Service Land Management Planning 103

(d) Watershed Forestry Cost-Share

Program.— “

(1) In general.—The Secretary shall

establish a watershed forestry costshare program— “

(A) which shall be— “

(i) administered by the Forest

Service; and “

(ii) implemented by State foresters

or equivalent State officials in

participating States; and “

(B) under which funds or other

support provided to participating

States shall be made available for

State forestry best-management

practices programs and watershed

forestry projects. “

(2) Watershed forestry projects.—The

State forester, an equivalent State

official of a participating State, or a

Cooperative Extension official at a land

grant college or university or 1890

institution, in coordination with the State

Forest Stewardship Coordinating

Committee established under section 19

(b) (or an equivalent committee) for

that State, shall make awards to communities, nonprofit groups, and owners

of nonindustrial private forest land

under the program for watershed

forestry projects described in paragraph

(3). “

(3) Project elements and objectives.—

A watershed forestry project shall

accomplish critical forest stewardship,

watershed protection, and restoration

needs within a State by demonstrating

the value of trees and forests to watershed health and condition through—

“(A) the use of trees as solutions to

water quality problems in urban and

rural areas;

“(B) community-based planning,

involvement, and action through State,

local, and nonprofit partnerships;

“(C) application of and dissemination of

monitoring information on forestry bestmanagement practices relating to

watershed forestry;

“(D) watershed-scale forest management activities and conservation planning; and

“(E)(i) the restoration of wetland (as

defined by the States) and stream-side

forests; and “

(ii) the establishment of riparian

vegetative buffers. “

(4) Cost-sharing.— “

(A) Federal share.— “

(i) Funds under this subsection.—

Funds provided under this subsection

for a watershed forestry project

may not exceed 75 percent of the

cost of the project.

(ii) Other federal funds.—The

percentage of the cost of a project

described in clause (i) that is not

covered by funds made available

under this subsection may be paid

using other Federal funding sources,

except that the total Federal share

of the costs of the project may not

exceed 90 percent. “

(B) Form.—The non-Federal share of

the costs of a project may be provided
104 Forest Service Land Management Planning

in the form of cash, services, or other

in-kind contributions. “

(5) Prioritization.—The State Forest

Stewardship Coordinating Committee

for a State, or equivalent State committee, shall prioritize watersheds in that

State to target watershed forestry

projects funded under this subsection. “

(6) Watershed forester.—Financial and

technical assistance shall be made

available to the State Forester or

equivalent State official to create a

State watershed or best- management

practice forester position to— “

(A) lead statewide programs; and “

(B) coordinate watershed-level

projects. “

(e) Distribution.— “

(1) In general.—Of the funds made

available for a fiscal year under subsection

(g), the Secretary shall use— “

(A) at least 75 percent of the funds to

carry out the cost-share program

under subsection (d); and “

(B) the remainder of the funds to

deliver technical assistance, education,

and planning, at the local level,

through the State Forester or equivalent State official. “

(2) Special considerations.—Distribution of funds by the Secretary among

States under paragraph (1) shall be

made only after giving appropriate

consideration to— “

(A) the acres of agricultural land,

nonindustrial private forest land, and

highly erodible land in each State; “

(B) the miles of riparian buffer

needed; “

(C) the miles of impaired stream

segments and other impaired water

bodies where forestry practices can

be used to restore or protect water

resources; “

(D) the number of owners of nonindustrial private forest land in each

State; and “

(E) water quality cost savings that can

be achieved through forest watershed

management. “

(f) Willing Owners.— “

(1) In general.—Participation of an

owner of nonindustrial private forest

land in the watershed forestry assistance program under this section is

voluntary. “

(2) Written consent.—The watershed

forestry assistance program shall not be

carried out on nonindustrial private

forest land without the written consent

of the owner of, or entity having

definitive decisionmaking over, the

nonindustrial private forest land. “

(g) Authorization of Appropriations.—

There is authorized to be appropriated to

carry out this section $15,000,000 for

each of fiscal years 2004 through 2008.”.

Sec. 303 (NOTE: 16 U.S.C. 6542.)

Tribal Watershed Forestry Assistance.

(a) In General.—The Secretary of

Agriculture (referred to in this section as
Forest Service Land Management Planning 105

the “Secretary”), acting through the

Chief of the Forest Service, shall provide

technical, financial, and related assistance

to Indian tribes for the purpose of expanding tribal stewardship capacities and

activities through tribal forestry bestmanagement practices and other means

at the tribal level to address watershed

issues on land under the jurisdiction of or

administered by the Indian tribes.

(b) Technical Assistance To Protect

Water Quality.—

(1) In general.—The Secretary, in

cooperation with Indian tribes, shall

develop a program to provide technical

assistance to protect water quality, as

described in paragraph (2).

(2) Purpose of program.—The program

under this subsection shall be designed—

(A) to build and strengthen watershed

partnerships that focus on forested

landscapes at the State, regional,

tribal, and local levels;

(B) to provide tribal forestry bestmanagement practices and water

quality technical assistance directly to

Indian tribes;

(C) to provide technical guidance to

tribal land managers and policy

makers for water quality protection

through forest management;

(D) to complement tribal efforts to

protect water quality and provide

enhanced opportunities for consultation and cooperation among Federal

agencies and tribal entities charged

with responsibility for water and

watershed management; and

(E) to provide enhanced forest

resource data and support for improved implementation and monitoring

of tribal forestry best-management

practices.

(c) Watershed Forestry Program.—

(1) In general.—The Secretary shall

establish a watershed forestry program

in cooperation with Indian tribes.

(2) Programs and projects.—Funds or

other support provided under the

program shall be made available for

tribal forestry best-management practices programs and watershed forestry

projects.

(3) Annual awards.—The Secretary

shall annually make awards to Indian

tribes to carry out this subsection.

(4) Project elements and objectives.—

A watershed forestry project shall

accomplish critical forest stewardship,

watershed protection, and restoration

needs within land under the jurisdiction

of or administered by an Indian tribe by

demonstrating the value of trees and

forests to watershed health and condition through—

(A) the use of trees as solutions to

water quality problems;

(B) application of and dissemination of

monitoring information on forestry

best-management practices relating to

watershed forestry;
106 Forest Service Land Management Planning

(C) watershed-scale forest management activities and conservation

planning;

(D) the restoration of wetland and

stream-side forests and the establishment of riparian vegetative buffers;

and

(E) tribal-based planning, involvement,

and action through State, tribal, local,

and nonprofit partnerships.

(5) Prioritization.—An Indian tribe that

participates in the program under this

subsection shall prioritize watersheds in

land under the jurisdiction of or administered by the Indian tribe to target

watershed forestry projects funded

under this subsection.

(6) Watershed forester.—The Secretary may provide to Indian tribes under

this section financial and technical

assistance to establish a position of

tribal forester to lead tribal programs

and coordinate small watershed-level

projects.

(d) Distribution.—The Secretary shall

devote—

(1) at least 75 percent of the funds

made available for a fiscal year under

subsection (e) to the program under

subsection (c); and

(2) the remainder of the funds to deliver

technical assistance, education, and

planning in the field to Indian tribes.

(e) Authorization of Appropriations.—

There is authorized to be appropriated to

carry out this section $2,500,000 for each

of fiscal years 2004 through 2008.

Title IV—Insect Infestations and

Related Diseases

Sec. 401 (NOTE: 16 U.S.C. 6551.)

Findings and Purpose.

(a) Findings.—Congress finds that—

(1) high levels of tree mortality resulting

from insect infestation (including the

interaction between insects and diseases) may result in—

(A) increased fire risk;

(B) loss of old trees and old growth;

(C) loss of threatened and endangered

species;

(D) loss of species diversity;

(E) degraded watershed conditions;

(F) increased potential for damage

from other agents of disturbance,

including exotic, invasive species; and

(G) decreased timber values;

(2) (A) forest-damaging insects destroy

hundreds of thousands of acres of trees

each year;

(B) in the West, more than 21,000,000

acres are at high risk of forestdamaging insect infestation, and in the

South, more than 57,000,000 acres are

at risk across all land ownerships; and

(C) severe drought conditions in many

areas of the South and West will

increase the risk of forest-damaging

insect infestations;

(3) the hemlock woolly adelgid is—
Forest Service Land Management Planning 107

(A) destroying streamside forests

throughout the mid-Atlantic and

Appalachian regions;

(B) threatening water quality and

sensitive aquatic species; and

(C) posing a potential threat to valuable commercial timber land in

northern New England;

(4) (A) the emerald ash borer is a

nonnative, invasive pest that has quickly

become a major threat to hardwood

forests because an emerald ash borer

infestation is almost always fatal to

affected trees; and

(B) the emerald ash borer pest

threatens to destroy more than

692,000,000 ash trees in forests in

Michigan and Ohio alone, and between 5 and 10 percent of urban

street trees in the Upper Midwest;

(5) (A) epidemic populations of Southern pine beetles are ravaging forests in

Alabama, Arkansas, Florida, Georgia,

Kentucky, Mississippi, North Carolina,

South Carolina, Tennessee, and Virginia; and

(B) in 2001, Florida and Kentucky

experienced 146 percent and 111

percent increases, respectively, in

Southern pine beetle populations;

(6) those epidemic outbreaks of Southern pine beetles have forced private

landowners to harvest dead and dying

trees, in rural areas and increasingly

urbanized settings;

(7) according to the Forest Service,

recent outbreaks of the red oak borer in

Arkansas and Missouri have been

unprecedented, with more than

1,000,000 acres infested at population

levels never seen before;

(8) much of the damage from the red

oak borer has taken place in national

forests, and the Federal response has

been inadequate to protect forest

ecosystems and other ecological and

economic resources;

(9) (A) previous silvicultural assessments, while useful and informative,

have been limited in scale and scope of

application; and

(B) there have not been sufficient

resources available to adequately test

a full array of individual and combined

applied silvicultural assessments;

(10) only through the full funding,

development, and assessment of

potential applied silvicultural assessments over specific time frames across

an array of environmental and climatic

conditions can the most innovative and

cost effective management applications

be determined that will help reduce the

susceptibility of forest ecosystems to

attack by forest pests;

(11)(A) often, there are significant

interactions between insects and

diseases;

(B) many diseases (such as white

pine blister rust, beech bark disease,

and many other diseases) can weaken

trees and forest stands and predispose

trees and forest stands to insect

attack; and
108 Forest Service Land Management Planning

(C) certain diseases are spread using

insects as vectors (including Dutch

elm disease and pine pitch canker);

and

(12) funding and implementation of an

initiative to combat forest pest infestations and associated diseases should not

come at the expense of supporting

other programs and initiatives of the

Secretary.

(b) Purposes.—The purposes of this title

are—

(1) to require the Secretary to develop

an accelerated basic and applied

assessment program to combat infestations by forest- damaging insects and

associated diseases;

(2) to enlist the assistance of colleges

and universities (including forestry

schools, land grant colleges and universities, and 1890 Institutions), State

agencies, and private landowners to

carry out the program; and

(3) to carry out applied silvicultural

assessments.

Sec. 402 (NOTE: 16 U.S.C. 6552.)

Definitions. In this title:

(1) Applied silvicultural assessment.—

(A) In general.—The term “applied

silvicultural assessment” means any

vegetative or other treatment carried

out for information gathering and

research purposes.

(B) Inclusions.—The term “applied

silvicultural assessment” includes

timber harvesting, thinning, prescribed

burning, pruning, and any combination

of those activities.

(2) 1890 institution.—

(A) In general.—The term “1890

Institution” means a college or university that is eligible to receive funds

under the Act of August 30, 1890 (7

U.S.C. 321 et seq.).

(B) Inclusion.—The term “1890

Institution” includes Tuskegee University.

(3) Forest-damaging insect.—The term

“forest-damaging insect” means—

(A) a Southern pine beetle;

(B) a mountain pine beetle;

(C) a spruce bark beetle;

(D) a gypsy moth;

(E) a hemlock woolly adelgid;

(F) an emerald ash borer;

(G) a red oak borer;

(H) a white oak borer; and

(I) such other insects as may be

identified by the Secretary.

(4) Secretary.—The term “Secretary”

means—

(A) the Secretary of Agriculture,

acting through the Forest Service,

with respect to National Forest

System land; and

(B) the Secretary of the Interior,

acting through appropriate offices of

the United States Geological Survey,

with respect to federally owned land

administered by the Secretary of the

Interior.
Forest Service Land Management Planning 109

Sec. 403 (NOTE: 16 U.S.C. 6553.)

Accelerated Information Gathering

Regarding Forest-Damaging Insects.

(a) Information Gathering.—The Secretary, acting through the Forest Service

and United States Geological Survey, as

appropriate, shall establish an accelerated

program—

(1) to plan, conduct, and promote

comprehensive and systematic information gathering on forest-damaging

insects and associated diseases, including an evaluation of—

(A) infestation prevention and suppression methods;

(B) effects of infestations and associated disease interactions on forest

ecosystems;

(C) restoration of forest ecosystem

efforts;

(D) utilization options regarding

infested trees; and

(E) models to predict the occurrence,

distribution, and impact of outbreaks

of forest-damaging insects and

associated diseases;

(2) to assist land managers in the

development of treatments and strategies to improve forest health and

reduce the susceptibility of forest

ecosystems to severe infestations of

forest-damaging insects and associated

diseases on Federal land and State and

private land; and

(3) to disseminate the results of the

information gathering, treatments, and

strategies.

(b) Cooperation and Assistance.—The

Secretary shall—

(1) establish and carry out the program

in cooperation with—

(A) scientists from colleges and

universities (including forestry schools,

land grant colleges and universities,

and 1890 Institutions);

(B) Federal, State, and local agencies;

and

(C) private and industrial landowners;

and

(2) designate such colleges and universities to assist in carrying out the

program.

Sec. 404 (NOTE: 16 U.S.C. 6554.)

Applied Silvicultural Assessments.

(a) Assessment Efforts.—For information

gathering and research purposes, the

Secretary may conduct applied silvicultural assessments on Federal land that

the Secretary determines is at risk of

infestation by, or is infested with, forestdamaging insects.

(b) Limitations.—

(1) Exclusion of certain areas.—

Subsection (a) does not apply to—

(A) a component of the National

Wilderness Preservation System;

(B) any Federal land on which, by Act

of Congress or Presidential proclamation, the removal of vegetation is

restricted or prohibited;

(C) a congressionally-designated

wilderness study area; or
110 Forest Service Land Management Planning

(D) an area in which activities under

subsection (a) would be inconsistent

with the applicable land and resource

management plan.

(2) Certain treatment prohibited.—

Nothing in subsection (a) authorizes the

application of insecticides in municipal

watersheds or associated riparian

areas.

(3) Peer review.—

(A) In general.—Before being carried

out, each applied silvicultural assessment under this title shall be peer

reviewed by scientific experts selected by the Secretary, which shall

include non-Federal experts.

(B) Existing peer review processes.—

The Secretary may use existing peer

review processes to the extent the

processes comply with subparagraph

(A).

(c) Public Notice and Comment.—

(1) Public notice.—The Secretary shall

provide notice of each applied silvicultural assessment proposed to be carried

out under this section.

(2) Public comment.—The Secretary

shall provide an opportunity for public

comment before carrying out an applied

silviculture assessment under this

section.

(d) Categorical Exclusion.—

(1) In general.—Applied silvicultural

assessment and research treatments

carried out under this section on not

more than 1,000 acres for an assessment or treatment may be categorically

excluded from documentation in an

environmental impact statement and

environmental assessment under the

National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.).

(2) Administration.—Applied silvicultural assessments and research treatments categorically excluded under

paragraph (1)—

(A) shall not be carried out in an area

that is adjacent to another area that is

categorically excluded under paragraph (1) that is being treated with

similar methods; and

(B) shall be subject to the extraordinary circumstances procedures

established by the Secretary pursuant

to section 1508.4 of title 40, Code of

Federal Regulations.

(3) Maximum categorical exclusion.—

The total number of acres categorically

excluded under paragraph (1) shall not

exceed 250,000 acres.

(4) No additional findings required.—In

accordance with paragraph (1), the

Secretary shall not be required to make

any findings as to whether an applied

silvicultural assessment project, either

individually or cumulatively, has a

significant effect on the environment.

Sec. 405 (NOTE: 16 U.S.C. 6555.)

Relation To Other Laws. The authority

provided to each Secretary under this title

is supplemental to, and not in lieu of, any

authority provided to the Secretaries

under any other law.

Sec. 406 (NOTE: 16 U.S.C. 6556.)

Authorization of Appropriations. There
Forest Service Land Management Planning 111

are authorized to be appropriated such

sums as are necessary to carry out this

title for each of fiscal years 2004 through

2008.

Title V—Healthy Forests Reserve

Program

Sec. 501 (NOTE: 16 U.S.C. 6571.)

Establishment of Healthy Forests Reserve Program.

(a) Establishment.—The Secretary of

Agriculture shall establish the healthy

forests reserve program for the purpose

of restoring and enhancing forest ecosystems—

(1) to promote the recovery of threatened and endangered species;

(2) to improve biodiversity; and

(3) to enhance carbon sequestration.

(b) Coordination.—The Secretary of

Agriculture shall carry out the healthy

forests reserve program in coordination

with the Secretary of the Interior and the

Secretary of Commerce.

Sec. 502 (NOTE: 16 U.S.C. 6572.)

Eligibility and Enrollment of Lands In

Program.

(a) In General.—The Secretary of

Agriculture, in coordination with the

Secretary of the Interior and the Secretary of Commerce, shall describe and

define forest ecosystems that are eligible

for enrollment in the healthy forests

reserve program.

(b) Eligibility.—To be eligible for enrollment in the healthy forests reserve

program, land shall be—

(1) private land the enrollment of which

will restore, enhance, or otherwise

measurably increase the likelihood of

recovery of a species listed as endangered or threatened under section 4 of

the Endangered Species Act of 1973

(16 U.S.C. 1533); and

(2) private land the enrollment of which

will restore, enhance, or otherwise

measurably improve the well-being of

species that—

(A) are not listed as endangered or

threatened under section 4 of the

Endangered Species Act of 1973 (16

U.S.C. 1533); but

(B) are candidates for such listing,

State-listed species, or special concern species.

(c) Other Considerations.—In enrolling

land that satisfies the criteria under

subsection (b), the Secretary of Agriculture shall give additional consideration to

land the enrollment of which will—

(1) improve biological diversity; and

(2) increase carbon sequestration.

(d) Enrollment by Willing Owners.—The

Secretary of Agriculture shall enroll land

in the healthy forests reserve program

only with the consent of the owner of the

land.

(e) Maximum Enrollment.—The total

number of acres enrolled in the healthy

forests reserve program shall not exceed

2,000,000 acres.

(f) Methods of Enrollment.—

(1) In general.—Land may be enrolled

in the healthy forests reserve program
112 Forest Service Land Management Planning

in accordance with—

(A) a 10-year cost-share agreement;

(B) a 30-year easement; or

(C) an easement of not more than 99

years.

(2) Proportion.—The extent to which

each enrollment method is used shall be

based on the approximate proportion of

owner interest expressed in that method

in comparison to the other methods.

(g) Enrollment Priority.—

(1) Species.—The Secretary of Agriculture shall give priority to the enrollment of land that provides the greatest

conservation benefit to—

(A) primarily, species listed as endangered or threatened under section 4 of

the Endangered Species Act of 1973

 (16 U.S.C. 1533); and

(B) secondarily, species that—

(i) are not listed as endangered or

threatened under section 4 of the

Endangered Species Act of 1973 (16

U.S.C. 1533); but

(ii) are candidates for such listing,

State- listed species, or special

concern species.

(2) Cost-effectiveness.—The Secretary

of Agriculture shall also consider the

cost-effectiveness of each agreement

or easement, and associated restoration

plans, so as to maximize the environmental benefits per dollar expended.

Sec. 503 (NOTE: 16 U.S.C. 6573.)

Restoration Plans.

(a) In General.—Land enrolled in the

healthy forests reserve program shall be

subject to a restoration plan, to be

developed jointly by the landowner and

the Secretary of Agriculture, in coordination with the Secretary of Interior.

(b) Practices.—The restoration plan shall

require such restoration practices as are

necessary to restore and enhance habitat

for—

(1) species listed as endangered or

threatened under section 4 of the

Endangered Species Act of 1973 (16

U.S.C. 1533); and

(2) animal or plant species before the

species reach threatened or endangered

status, such as candidate, State-listed

species, and special concern species.

Sec. 504 (NOTE: 16 U.S.C. 6574.)

Financial Assistance.

(a) Easements of Not More Than 99

Years.—In the case of land enrolled in

the healthy forests reserve program using

an easement of not more than 99 years

described in section 502 (f)(1)(C), the

Secretary of Agriculture shall pay the

owner of the land an amount equal to not

less than 75 percent, nor more than 100

percent, of (as determined by the Secretary)—

(1) the fair market value of the enrolled

land during the period the land is subject

to the easement, less the fair market

value of the land encumbered by the

easement; and

(2) the actual costs of the approved

conservation practices or the average

cost of approved practices carried out
Forest Service Land Management Planning 113

on the land during the period in which

the land is subject to the easement.

(b) Thirty-Year Easement.—In the case

of land enrolled in the healthy forests

reserve program using a 30-year easement, the Secretary of Agriculture shall

pay the owner of the land an amount

equal to not more than (as determined by

the Secretary)—

(1) 75 percent of the fair market value

of the land, less the fair market value of

the land encumbered by the easement;

and

(2) 75 percent of the actual costs of the

approved conservation practices or 75

percent of the average cost of approved

practices.

(c) Ten-Year Agreement.—In the case

of land enrolled in the healthy forests

reserve program using a 10-year costshare agreement, the Secretary of

Agriculture shall pay the owner of the

land an amount equal to not more than

(as determined by the Secretary)—

(1) fifty percent of the actual costs of

the approved conservation practices; or

(2) fifty percent of the average cost of

approved practices.

(d) Acceptance of Contributions.—The

Secretary of Agriculture may accept and

use contributions of non-Federal funds to

make payments under this section.

Sec. 505 (NOTE: 16 U.S.C. 6575.)

Technical Assistance.

(a) In General.—The Secretary of

Agriculture shall provide landowners with

technical assistance to assist the owners

in complying with the terms of plans (as

included in agreements or easements)

under the healthy forests reserve program.

(b) Technical Service Providers.—The

Secretary of Agriculture may request the

services of, and enter into cooperative

agreements with, individuals or entities

certified as technical service providers

under section 1242 of the Food Security

Act of 1985 (16 U.S.C. 3842), to assist

the Secretary in providing technical

assistance necessary to develop and

implement the healthy forests reserve

program.

Sec. 506 (NOTE: 16 U.S.C. 6576.)

Protections and Measures.

(a) Protections.—In the case of a

landowner that enrolls land in the program and whose conservation activities

result in a net conservation benefit for

listed, candidate, or other species, the

Secretary of Agriculture shall make

available to the landowner safe harbor or

similar assurances and protection under—

(1) section 7(b)(4) of the Endangered

Species Act of 1973 (16 U.S.C.

1536(b)(4)); or

(2) section 10 (a) (1) of that Act (16

U.S.C. 1539 (a) (1)).

(b) Measures.—If protection under

subsection (a) requires the taking of

measures that are in addition to the

measures covered by the applicable

restoration plan agreed to under section

503, the cost of the additional measures,

as well as the cost of any permit, shall be
114 Forest Service Land Management Planning

considered part of the restoration plan for

purposes of financial assistance under

section 504.

Sec. 507 (NOTE: 16 U.S.C. 6577.)

Involvement By Other Agencies and

Organizations. In carrying out this title,

the Secretary of Agriculture may consult

with—

(1) nonindustrial private forest landowners;

(2) other Federal agencies;

(3) State fish and wildlife agencies;

(4) State forestry agencies;

(5) State environmental quality agencies;

(6) other State conservation agencies;

and

(7) nonprofit conservation organizations.

Sec. 508 (NOTE: 16 U.S.C. 6578.)

Authorization of Appropriations. There

are authorized to be appropriated to carry

out this title—

(1) $25,000,000 for fiscal year 2004;

and

(2) such sums as are necessary for

each of fiscal years 2005 through 2008.

Title VI—Miscellaneous

Sec. 601 (NOTE: 16 U.S.C. 6591.)

Forest Stands Inventory and Monitoring

Program to Improve Detection of and

Response to Environmental Threats.

(a) In General.—The Secretary of

Agriculture shall carry out a comprehensive program to inventory, monitor,

characterize, assess, and identify forest

stands (with emphasis on hardwood

forest stands) and potential forest

stands—

(1) in units of the National Forest

System (other than those units created

from the public domain); and

(2) on private forest land, with the

consent of the owner of the land.

(b) Issues to Be Addressed.—In carrying

out the program, the Secretary shall

address issues including—

(1) early detection, identification, and

assessment of environmental threats

(including insect, disease, invasive

species, fire, and weather-related risks

and other episodic events);

(2) loss or degradation of forests;

(3) degradation of the quality forest

stands caused by inadequate forest

regeneration practices;

(4) quantification of carbon uptake

rates; and

(5) management practices that focus on

preventing further forest degradation.

(c) Early Warning System.—In carrying

out the program, the Secretary shall

develop a comprehensive early warning

system for potential catastrophic environmental threats to forests to increase the

likelihood that forest managers will be

able to—

(1) isolate and treat a threat before the

threat gets out of control; and
Forest Service Land Management Planning 115

(2) prevent epidemics, such as the

American chestnut blight in the first

half of the twentieth century, that could

be environmentally and economically

devastating to forests.

(d) Authorization of Appropriations.—

There is authorized to be appropriated to

carry out this section $5,000,000 for each

of fiscal years 2004 through 2008.

Approved December 3, 2003.
116 National Forest System Resource Management - Cultural Resources

Preservation of American Antiquities

June 8, 1906 (Ch. 3060, 34 Stat. 225; 16 U.S.C. 433, 431, 432)

ownership, the tract, or so much thereof

as may be necessary for the proper care

and management of the object, may be

relinquished to the Government, and the

Secretary of the Interior is authorized to

accept the relinquishment of such tracts

in behalf of the Government of the United

States. (16 U.S.C. 431)

Permits to examine ruins,

excavations, and gathering of

objects; regulations

Permits for the examination of ruins, the

excavation of archaeological sites, and

the gathering of objects of antiquity upon

the lands under their respective jurisdictions may be granted by the Secretaries

of the Interior, Agriculture, and Army to

institutions which they may deem properly

qualified to conduct such examination,

excavation, or gathering, subject to such

rules and regulations as they may prescribe: Provided, That the examinations,

excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other

recognized scientific or educational

institutions, with a view to increasing the

knowledge of such objects, and that the

gatherings shall be made for permanent

preservation in public museums. The

Secretaries of the departments aforesaid

shall make and publish from time to time

uniform rules and regulations for the

purpose of carrying out the provisions of

this section and sections 431 and 433 of

this title. (16 U.S.C. 432)

American antiquities

Any person who shall appropriate,

excavate, injure, or destroy any historic or

prehistoric ruin or monument, or any

object of antiquity, situated on lands

owned or controlled by the Government

of the United States, without the permission of the Secretary of the Department

of the Government having jurisdiction

over the lands on which said antiquities

are situated, shall, upon conviction, be

fined in a sum of not more than $500 or

be imprisoned for a period of not more

than ninety days, or shall suffer both fine

and imprisonment, in the discretion of the

court. (16 U.S.C. 433)

National monuments; reservation of

lands; relinquishment of private

claims

The President of the United States is

authorized, in his discretion, to declare by

public proclamation historic landmarks,

historic and prehistoric structures, and

other objects of historic or scientific

interest that are situated upon the lands

owned or controlled by the Government

of the United States to be national

monuments, and may reserve as a part

thereof parcels of land, the limits of which

in all cases shall be confined to the

smallest area compatible with the proper

care and management of the objects to be

protected. When such objects are situated

upon a tract covered by a bona fide

unperfected claim or held in private
National Forest System Resource Management - Cultural Resources 117

National Historic Preservation Act

October 15, 1966 (Pub. L. 89–665, 80 Stat. 915; 16 U.S.C.

470, 470-1, 470a to 470h, 470h-1 to 470h-5, 470i to 470v,

470w to 470w-6, 470x, 470x-1 to 470x-6)

Short title; Congressional finding

and declaration of policy

Sec. 1 (a) This subchapter may be cited

as the “National Historic Preservation

Act”.

(b) The Congress finds and declares that

-

(1) the spirit and direction of the Nation

are founded upon and reflected in its

historic heritage;

(2) the historical and cultural foundations of the Nation should be preserved

as a living part of our community life

and development in order to give a

sense of orientation to the American

people;

(3) historic properties significant to the

Nation’s heritage are being lost or

substantially altered, often inadvertently,

with increasing frequency;

(4) the preservation of this irreplaceable

heritage is in the public interest so that

its vital legacy of cultural, educational,

aesthetic, inspirational, economic, and

energy benefits will be maintained and

enriched for future generations of

Americans;

(5) in the face of ever-increasing

extensions of urban centers, highways,

and residential, commercial, and industrial developments, the present governmental and nongovernmental historic

preservation programs and activities are

inadequate to insure future generations

a genuine opportunity to appreciate and

enjoy the rich heritage of our Nation;

(6) the increased knowledge of our

historic resources, the establishment of

better means of identifying and administering them, and the encouragement of

their preservation will improve the

planning and execution of Federal and

federally assisted projects and will assist

economic growth and development; and

(7) although the major burdens of

historic preservation have been borne

and major efforts initiated by private

agencies and individuals, and both

should continue to play a vital role, it is

nevertheless necessary and appropriate

for the Federal Government to accelerate its historic preservation programs

and activities, to give maximum encouragement to agencies and individuals

undertaking preservation by private

means, and to assist State and local

governments and the National Trust for

Historic Preservation in the United

States to expand and accelerate their

historic preservation programs and

activities. (16 U.S.C. 470)

Declaration of policy of the Federal

Government
118 National Forest System Resource Management - Cultural Resources

Sec. 2 It shall be the policy of the Federal

Government, in cooperation with other

nations and in partnership with the States,

local governments, Indian tribes, and

private organizations and individuals to—

(1) use measures, including financial

and technical assistance, to foster

conditions under which our modern

society and our prehistoric and historic

resources can exist in productive

harmony and fulfill the social, economic,

and other requirements of present and

future generations;

(2) provide leadership in the preservation of the prehistoric and historic

resources of the United States and of

the international community of nations

and in the administration of the national

preservation program in partnership

with States, Indian tribes, Native

Hawaiians, and local governments;

(3) administer federally owned, administered, or controlled prehistoric and

historic resources in a spirit of stewardship for the inspiration and benefit of

present and future generations;

(4) contribute to the preservation of

nonfederally owned prehistoric and

historic resources and give maximum

encouragement to organizations and

individuals undertaking preservation by

private means;

(5) encourage the public and private

preservation and utilization of all usable

elements of the Nation’s historic built

environment; and

(6) assist State and local governments,

Indian tribes and Native Hawaiian

organizations and the National Trust for

Historic Preservation in the United

States to expand and accelerate their

historic preservation programs and

activities. (16 U.S.C. 470-1)

Historic preservation program

Sec. 101 (a) National Register of Historic Places; designation of properties as

historic landmarks; properties deemed

included; criteria; nomination of properties

by States, local governments or individuals; regulations; review of threats to

properties

(1)(A) The Secretary of the Interior is

authorized to expand and maintain a

National Register of Historic Places

composed of districts, sites, buildings,

structures, and objects significant in

American history, architecture, archeology, engineering, and culture. Notwithstanding section 1125(c) of title 15,

buildings and structures on or eligible for

inclusion on the National Register of

Historic Places (either individually or as

part of a historic district), or designated

as an individual landmark or as a

contributing building in a historic district

by a unit of State or local government,

may retain the name historically associated with the building or structure.

(B) Properties meeting the criteria for

National Historic Landmarks established pursuant to paragraph (2) shall

be designated as “National Historic

Landmarks” and included on the

National Register, subject to the

requirements of paragraph (6). All

historic properties included on the

National Register on December 12,
National Forest System Resource Management - Cultural Resources 119

1980, shall be deemed to be included

on the National Register as of their

initial listing for purposes of this

subchapter. All historic properties

listed in the Federal Register of

February 6, 1979, as “National Historic Landmarks” or thereafter prior to

the effective date of this Act are

declared by Congress to be National

Historic Landmarks of national historic

significance as of their initial listing as

such in the Federal Register for

purposes of this subchapter and

sections 461 to 467 of this title; except

that in cases of National Historic

Landmark districts for which no

boundaries have been established,

boundaries must first be published in

the Federal Register.

(2) The Secretary in consultation with

national historical and archaeological

associations, shall establish or revise

criteria for properties to be included on

the National Register and criteria for

National Historic Landmarks, and shall

also promulgate or revise regulations as

may be necessary for -

(A) nominating properties for inclusion

in, and removal from, the National

Register and the recommendation of

properties by certified local governments;

(B) designating properties as National

Historic Landmarks and removing

such designation;

(C) considering appeals from such

recommendations, nominations,

removals, and designations (or any

failure or refusal by a nominating

authority to nominate or designate);

(D) nominating historic properties for

inclusion in the World Heritage List in

accordance with the terms of the

Convention concerning the Protection

of the World Cultural and Natural

Heritage;

(E) making determinations of eligibility

of properties for inclusion on the

National Register; and

(F) notifying the owner of a property,

any appropriate local governments,

and the general public, when the

property is being considered for

inclusion on the National Register, for

designation as a National Historic

Landmark or for nomination to the

World Heritage List.

***

(h) Professional standards for preservation of federally owned or controlled

historic properties

Within one year after December 12, 1980,

the Secretary shall establish, in consultation with the Secretaries of Agriculture

and Defense, the Smithsonian Institution,

and the Administrator of the General

Services Administration, professional

standards for the preservation of historic

properties in Federal ownership or

control. (16 U.S.C. 470a)

***

Effect of Federal undertakings upon

property listed in National Register;

comment by Advisory Council on

Historic Preservation
120 National Forest System Resource Management - Cultural Resources

Sec. 106 The head of any Federal

agency having direct or indirect jurisdiction over a proposed Federal or federally

assisted undertaking in any State and the

head of any Federal department or

independent agency having authority to

license any undertaking shall, prior to the

approval of the expenditure of any

Federal funds on the undertaking or prior

to the issuance of any license, as the case

may be, take into account the effect of

the undertaking on any district, site,

building, structure, or object that is

included in or eligible for inclusion in the

National Register. The head of any such

Federal agency shall afford the Advisory

Council on Historic Preservation established under part B of this subchapter a

reasonable opportunity to comment with

regard to such undertaking. (16 U.S.C.

470f)

***

Historic properties owned or

controlled by Federal agencies

Sec. 110 (a) Responsibilities of Federal

agencies; program for identification,

evaluation, nomination, and protection

(1) The heads of all Federal agencies

shall assume responsibility for the

preservation of historic properties which

are owned or controlled by such

agency. Prior to acquiring, constructing,

or leasing buildings for purposes of

carrying out agency responsibilities,

each Federal agency shall use, to the

maximum extent feasible, historic

properties available to the agency, in

accordance with Executive Order No.

13006, issued May 21, 1996 (61 Fed.

Reg. 26071). Each agency shall undertake, consistent with the preservation of

such properties and the mission of the

agency and the professional standards

established pursuant to section 470a(g)

of this title, any preservation, as may be

necessary to carry out this section.

(2) Each Federal agency shall establish

(unless exempted pursuant to section

470v of this title), in consultation with

the Secretary, a preservation program

for the identification, evaluation, and

nomination to the National Register of

Historic Places, and protection of

historic properties. Such program shall

ensure -

(A) that historic properties under the

jurisdiction or control of the agency,

are identified, evaluated, and nominated to the National Register;

(B) that such properties under the

jurisdiction or control of the agency as

are listed in or may be eligible for the

National Register are managed and

maintained in a way that considers the

preservation of their historic, archaeological, architectural, and cultural

values in compliance with section 470f

of this title and gives special consideration to the preservation of such

values in the case of properties

designated as having National significance;

(C) that the preservation of properties

not under the jurisdiction or control of

the agency, but subject to be potentially affected by agency actions are

given full consideration in planning;

(D) that the agency’s preservation-
National Forest System Resource Management - Cultural Resources 121

related activities are carried out in

consultation with other Federal, State,

and local agencies, Indian tribes,

Native Hawaiian organizations carrying out historic preservation planning

activities, and with the private sector;

and

(E) that the agency’s procedures for

compliance with section 470f of this

title -

(i) are consistent with regulations

issued by the Council pursuant to

section 470s of this title;

(ii) provide a process for the identification and evaluation of historic

properties for listing in the National

Register and the development and

implementation of agreements, in

consultation with State Historic

Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested

public, as appropriate, regarding the

means by which adverse effects on

such properties will be considered;

and (iii) provide for the disposition of

Native American cultural items from

Federal or tribal land in a manner

consistent with section 3002(c) of

title 25.

(b) Records on historic properties to be

altered or demolished; deposit in Library

of Congress or other appropriate agency

Each Federal agency shall initiate measures to assure that where, as a result of

Federal action or assistance carried out

by such agency, an historic property is to

be substantially altered or demolished,

timely steps are taken to make or have

made appropriate records, and that such

records then be deposited, in accordance

with section 470a(a) of this title, in the

Library of Congress or with such other

appropriate agency as may be designated

by the Secretary, for future use and

reference.

(c) Agency Preservation Officer; responsibilities; qualifications

The head of each Federal agency shall,

unless exempted under section 470v of

this title, designate a qualified official to

be known as the agency’s “preservation

officer” who shall be responsible for

coordinating that agency’s activities under

this subchapter. Each Preservation

Officer may, in order to be considered

qualified, satisfactorily complete an

appropriate training program established

by the Secretary under section 470a(h) of

this title.

(d) Agency programs and projects

Consistent with the agency’s missions and

mandates, all Federal agencies shall carry

out agency programs and projects (including those under which any Federal

assistance is provided or any Federal

license, permit, or other approval is

required) in accordance with the purposes

of this subchapter and, give consideration

to programs and projects which will

further the purposes of this subchapter.

(e) Review of plans of transferees of

surplus federally owned historic properties

The Secretary shall review and approve

the plans of transferees of surplus

federally owned historic properties not
122 National Forest System Resource Management - Cultural Resources

later than ninety days after his receipt of

such plans to ensure that the prehistorical,

historical, architectural, or culturally

significant values will be preserved or

enhanced.

(f) Planning and actions to minimize harm

to National Historic Landmarks

Prior to the approval of any Federal

undertaking which may directly and

adversely affect any National Historic

Landmark, the head of the responsible

Federal agency shall, to the maximum

extent possible, undertake such planning

and actions as may be necessary to

minimize harm to such landmark, and

shall afford the Advisory Council on

Historic Preservation a reasonable

opportunity to comment on the undertaking.

(g) Costs of preservation as eligible

project costs

Each Federal agency may include the

costs of preservation activities of such

agency under this subchapter as eligible

project costs in all undertakings of such

agency or assisted by such agency. The

eligible project costs may also include

amounts paid by a Federal agency to any

State to be used in carrying out such

preservation responsibilities of the Federal

agency under this subchapter, and reasonable costs may be charged to Federal

licensees and permittees as a condition to

the issuance of such license or permit.

(h) Annual preservation awards program

The Secretary shall establish an annual

preservation awards program under

which he may make monetary awards in

amounts of not to exceed $1,000 and

provide citations for special achievement

to officers and employees of Federal,

State, and certified local governments in

recognition of their outstanding contributions to the preservation of historic

resources. Such program may include the

issuance of annual awards by the President of the United States to any citizen of

the United States recommended for such

award by the Secretary.

(i) Environmental impact statement

Nothing in this subchapter shall be

construed to require the preparation of an

environmental impact statement where

such a statement would not otherwise be

required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.), and nothing in this subchapter shall

be construed to provide any exemption

from any requirement respecting the

preparation of such a statement under

such Act.

(j) Waiver of provisions in event of

natural disaster or imminent threat to

national security

The Secretary shall promulgate regulations under which the requirements of this

section may be waived in whole or in part

in the event of a major natural disaster or

an imminent threat to the national security.

(k) Assistance for adversely affected

historic property

Each Federal agency shall ensure that the

agency will not grant a loan, loan guarantee, permit, license, or other assistance to

an applicant who, with intent to avoid the
National Forest System Resource Management - Cultural Resources 123

requirements of section 470f of this title,

has intentionally significantly adversely

affected a historic property to which the

grant would relate, or having legal power

to prevent it, allowed such significant

adverse effect to occur, unless the

agency, after consultation with the

Council, determines that circumstances

justify granting such assistance despite

the adverse effect created or permitted

by the applicant.

(l) Documentation of decisions respecting

undertakings

With respect to any undertaking subject to

section 470f of this title which adversely

affects any property included in or eligible

for inclusion in the National Register, and

for which a Federal agency has not

entered into an agreement pursuant to

regulations issued by the Council, the

head of such agency shall document any

decision made pursuant to section 470f of

this title. The head of such agency may

not delegate his or her responsibilities

pursuant to such section. Where a section

106 (16 U.S.C. 470f) memorandum of

agreement has been executed with

respect to an undertaking, such memorandum shall govern the undertaking and all

of its parts. (16 U.S.C. 470h–2 )

***

Professional standards

Sec. 112 (a) In general

Each Federal agency that is responsible

for the protection of historic resources,

including archaeological resources

pursuant to this subchapter or any other

law shall ensure each of the following -

(1)(A) All actions taken by employees

or contractors of such agency shall

meet professional standards under

regulations developed by the Secretary

in consultation with the Council, other

affected agencies, and the appropriate

professional societies of the disciplines

involved, specifically archaeology,

architecture, conservation, history,

landscape architecture, and planning.

(B) Agency personnel or contractors

responsible for historic resources shall

meet qualification standards established by the Office of Personnel

Management in consultation with the

Secretary and appropriate professional

societies of the disciplines involved.

The Office of Personnel Management

shall revise qualification standards

within 2 years after October 30, 1992,

for the disciplines involved, specifically

archaeology, architecture, conservation, curation, history, landscape

architecture, and planning. Such

standards shall consider the particular

skills and expertise needed for the

preservation of historic resources and

shall be equivalent requirements for

the disciplines involved.

(2) Records and other data, including

data produced by historical research

and archaeological surveys and excavations are permanently maintained in

appropriate data bases and made

available to potential users pursuant to

such regulations as the Secretary shall

promulgate.

(b) Guidelines

In order to promote the preservation of
124 National Forest System Resource Management - Cultural Resources

historic resources on properties eligible

for listing in the National Register, the

Secretary shall, in consultation with the

Council, promulgate guidelines to ensure

that Federal, State, and tribal historic

preservation programs subject to this

subchapter include plans to -

(1) provide information to the owners of

properties containing historic (including

architectural, curatorial, and archaeological) resources with demonstrated or

likely research significance, about the

need for protection of such resources,

and the available means of protection;

(2) encourage owners to preserve such

resources intact and in place and offer

the owners of such resources information on the tax and grant assistance

available for the donation of the resources or of a preservation easement

of the resources;

(3) encourage the protection of Native

American cultural items (within the

meaning of section 3001(3) and (9) of

title 25) and of properties of religious or

cultural importance to Indian tribes,

Native Hawaiians, or other Native

American groups; and

(4) encourage owners who are undertaking archaeological excavations to -

(A) conduct excavations and analyses

that meet standards for federallysponsored excavations established by

the Secretary;

(B) donate or lend artifacts of research significance to an appropriate

research institution;

(C) allow access to artifacts for

research purposes; and

(D) prior to excavating or disposing of

a Native American cultural item in

which an Indian tribe or Native

Hawaiian organization may have an

interest under section 3002(a)(2)(B) or

(C) of title 25, given notice to and

consult with such Indian tribe or

Native Hawaiian organization. (16

U.S.C. 470h–4)

***

Functions of Council; annual report

to President and Congress;

recommendations

Sec. 202 (a) Duties

The Council 1

 shall -

 (1) advise the President and the

Congress on matters relating to historic

preservation; recommend measures to

coordinate activities of Federal, State,

and local agencies and private institutions and individuals relating to historic

preservation; and advise on the dissemination of information pertaining to such

activities;

(2) encourage, in cooperation with the

National Trust for Historic Preservation

and appropriate private agencies, public

interest and participation in historic

preservation;

(3) recommend the conduct of studies in

such areas as the adequacy of legislative and administrative statutes and

regulations pertaining to historic preservation activities of State and local

governments and the effects of tax

policies at all levels of government on
National Forest System Resource Management - Cultural Resources 125

historic preservation;

(4) advise as to guidelines for the

assistance of State and local governments in drafting legislation relating to

historic preservation;

(5) encourage, in cooperation with

appropriate public and private agencies

and institutions, training and education in

the field of historic preservation;

(6) review the policies and programs of

Federal agencies and recommend to

such agencies methods to improve the

effectiveness, coordination, and consistency of those policies and programs

with the policies and programs carried

out under this subchapter; and

(7) inform and educate Federal agencies, State and local governments,

Indian tribes, other nations and international organizations and private groups

and individuals as to the Council’s

authorized activities.

(b) Annual report

The Council shall submit annually a

comprehensive report of its activities and

the results of its studies to the President

and the Congress and shall from time to

time submit such additional and special

reports as it deems advisable. Each report

shall propose such legislative enactments

and other actions as, in the judgment of

the Council, are necessary and appropriate to carry out its recommendations and

shall provide the Council’s assessment of

current and emerging problems in the

field of historic preservation and an

evaluation of the effectiveness of the

programs of Federal agencies, State and

local governments, and the private sector

in carrying out the purposes of this

subchapter. (16 U.S.C. 470j)

***

1

 Advisory Council on Historic Preservation

Exemption for Federal programs or

undertakings; regulations

Sec. 214 The Council, with the concurrence of the Secretary, shall promulgate

regulations or guidelines, as appropriate,

under which Federal programs or undertakings may be exempted from any or all

of the requirements of subchapter when

such exemption is determined to be

consistent with the purposes of subchapter, taking into consideration the magnitude of the exempted undertaking or

program and the likelihood of impairment

of historic properties. (16 U.S.C. 470v)

***

Access to information

Sec. 304 (a) Authority to withhold from

disclosure

The head of a Federal agency or other

public official receiving grant assistance

pursuant to this subchapter, after consultation with the Secretary, shall withhold

from disclosure to the public, information

about the location, character, or ownership of a historic resource if the Secretary

and the agency determine that disclosure

may -

(1) cause a significant invasion of privacy;

(2) risk harm to the historic resources; or
126 National Forest System Resource Management - Cultural Resources

(3) impede the use of a traditional religious site by practitioners.

(b) Access determination

When the head of a Federal agency or

other public official has determined that

information should be withheld from the

public pursuant to subsection (a) of this

section, the Secretary, in consultation with

such Federal agency head or official, shall

determine who may have access to the

information for the purpose of carrying

out this subchapter.

(c) Consultation with Council

When the information in question has

been developed in the course of an

agency’s compliance with section 470f or

470h-2(f) of this title, the Secretary shall

consult with the Council in reaching

determinations under subsections (a) and

(b) of this section. (16 U.S.C. 470w-3)

***
National Forest System Resource Management - Cultural Resources 127

Preservation of Historical and Archeological

Data

May 24, 1974 (Pub. L. 93-291, 74 Stat. 220; 16 U.S.C. 469,

469a, 469a-1 to 496a-3, 469b, 469c)

***

Threat of irreparable loss or

destruction of significant scientific,

prehistorical, historical, or

archeological data by Federal

construction projects; notice to

Secretary of the Interior; survey;

recovery, preservation, and

protection of data

Sec. 1 (a) Notification and request for

preservation of data

Whenever any Federal agency finds, or is

notified, in writing, by an appropriate

historical or archeological authority, that

its activities in connection with any

Federal construction project or federally

licensed project, activity, or program may

cause irreparable loss or destruction of

significant scientific, prehistorical, historical, or archeological data, such agency

shall notify the Secretary, in writing, and

shall provide the Secretary with appropriate information concerning the project,

program, or activity. Such agency may

request the Secretary to undertake the

recovery, protection, and preservation of

such data (including preliminary survey, or

other investigation as needed, and analysis and publication of the reports resulting

from such investigation), or it may, with

funds appropriated for such project,

program, or activity, undertake such

activities. Copies of reports of any

investigations made pursuant to this

section shall be submitted to the Secretary, who shall make them available to the

public for inspection and review.

(b) Survey of site; preservation of data;

compensation

Whenever any Federal agency provides

financial assistance by loan, grant, or

otherwise to any private person, association, or public entity, the Secretary, if he

determines that significant scientific,

prehistorical, historical, or archeological

data might be irrevocably lost or destroyed, may with funds appropriated

expressly for this purpose conduct, with

the consent of all persons, associations, or

public entities having a legal interest in the

property involved, a survey of the affected site and undertake the recovery,

protection, and preservation of such data

(including analysis and publication). The

Secretary shall, unless otherwise mutually

agreed to in writing, compensate any

person, association, or public entity

damaged as a result of delays in construction or as a result of the temporary

loss of the use of private or any

nonfederally owned lands. (16 U.S.C.

469a-1)

***
128 National Forest System Resource Management - Cultural Resources

Archaeological Resources Protection Act

October 21, 1979 (Pub. L. 96-95, 93 Stat. 721; 16 U.S.C.

470aa note, 470aa to 470mm)

Congressional findings and

declaration of purpose

Sec. 2 (a) The Congress finds that -

(1) archaeological resources on public

lands and Indian lands are an accessible

and irreplaceable part of the Nation’s

heritage;

(2) these resources are increasingly

endangered because of their commercial attractiveness;

(3) existing Federal laws do not provide

adequate protection to prevent the loss

and destruction of these archaeological

resources and sites resulting from

uncontrolled excavations and pillage;

and

(4) there is a wealth of archaeological

information which has been legally

obtained by private individuals for

noncommercial purposes and which

could voluntarily be made available to

professional archaeologists and institutions.

(b) The purpose of this chapter is to

secure, for the present and future benefit

of the American people, the protection of

archaeological resources and sites which

are on public lands and Indian lands, and

to foster increased cooperation and

exchange of information between governmental authorities, the professional

archaeological community, and private

individuals having collections of archaeological resources and data which were

obtained before October 31, 1979. (16

U.S.C. 470aa)

Definitions

Sec. 3 As used in this chapter -

(1) The term “archaeological resource”

means any material remains of past

human life or activities which are of

archaeological interest, as determined

under uniform regulations promulgated

pursuant to this chapter. Such regulations containing such determination shall

include, but not be limited to: pottery,

basketry, bottles, weapons, weapon

projectiles, tools, structures or portions

of structures, pit houses, rock paintings,

rock carvings, intaglios, graves, human

skeletal materials, or any portion or

piece of any of the foregoing items.

Nonfossilized and fossilized paleontological specimens, or any portion or

piece thereof, shall not be considered

archaeological resources, under the

regulations under this paragraph, unless

found in archaeological context. No

item shall be treated as an archaeological resource under regulations under

this paragraph unless such item is at

least 100 years of age.

(2) The term “Federal land manager”

means, with respect to any public lands,

the Secretary of the department, or the

head of any other agency or instrumen-
National Forest System Resource Management - Cultural Resources 129

tality of the United States, having

primary management authority over

such lands. In the case of any public

lands or Indian lands with respect to

which no department, agency, or

instrumentality has primary management authority, such term means the

Secretary of the Interior. If the Secretary of the Interior consents, the responsibilities (in whole or in part) under this

chapter of the Secretary of any department (other than the Department of the

Interior) or the head of any other

agency or instrumentality may be

delegated to the Secretary of the

Interior with respect to any land managed by such other Secretary or agency

head, and in any such case, the term

“Federal land manager” means the

Secretary of the Interior.

(3) The term “public lands” means -

(A) lands which are owned and

administered by the United States as

part of -

(i) the national park system,

(ii) the national wildlife refuge

system, or

(iii) the national forest system; and

(B) all other lands the fee title to

which is held by the United States,

other than lands on the Outer Continental Shelf and lands which are under

the jurisdiction of the Smithsonian

Institution.

(4) The term “Indian lands” means

lands of Indian tribes, or Indian individuals, which are either held in trust by the

United States or subject to a restriction

against alienation imposed by the United

States, except for any subsurface

interests in lands not owned or controlled by an Indian tribe or an Indian

individual.

(5) The term “Indian tribe” means any

Indian tribe, band, nation, or other

organized group or community, including

any Alaska Native village or regional or

village corporation as defined in, or

established pursuant to, the Alaska

Native Claims Settlement Act (85 Stat.

688) (43 U.S.C. 1601 et seq.).

(6) The term “person” means an

individual, corporation, partnership, trust,

institution, association, or any other

private entity or any officer, employee,

agent, department, or instrumentality of

the United States, of any Indian tribe, or

of any State or political subdivision

thereof.

(7) The term “State” means any of the

fifty States, the District of Columbia,

Puerto Rico, Guam, and the Virgin

Islands. (16 U.S.C. 470bb)

Excavation and removal

Sec. 4 (a) Application for permit

Any person may apply to the Federal land

manager for a permit to excavate or

remove any archaeological resource

located on public lands or Indian lands

and to carry out activities associated with

such excavation or removal. The application shall be required, under uniform

regulations under this chapter, to contain

such information as the Federal land

manager deems necessary, including

information concerning the time, scope,
130 National Forest System Resource Management - Cultural Resources

and location and specific purpose of the

proposed work.

(b) Determinations by Federal land

manager prerequisite to issuance of

permit

A permit may be issued pursuant to an

application under subsection (a) of this

section if the Federal land manager

determines, pursuant to uniform regulations under this chapter, that -

(1) the applicant is qualified, to carry out

the permitted activity,

(2) the activity is undertaken for the

purpose of furthering archaeological

knowledge in the public interest,

(3) the archaeological resources which

are excavated or removed from public

lands will remain the property of the

United States, and such resources and

copies of associated archaeological

records and data will be preserved by a

suitable university, museum, or other

scientific or educational institution, and

(4) the activity pursuant to such permit

is not inconsistent with any management

plan applicable to the public lands

concerned.

(c) Notification to Indian tribes of possible

harm to or destruction of sites having

religious or cultural importance

If a permit issued under this section may

result in harm to, or destruction of, any

religious or cultural site, as determined by

the Federal land manager, before issuing

such permit, the Federal land manager

shall notify any Indian tribe which may

consider the site as having religious or

cultural importance. Such notice shall not

be deemed a disclosure to the public for

purposes of section 470hh of this title.

(d) Terms and conditions of permit

Any permit under this section shall

contain such terms and conditions,

pursuant to uniform regulations promulgated under this chapter, as the Federal

land manager concerned deems necessary to carry out the purposes of this

chapter.

(e) Identification of individuals responsible

for complying with permit terms and

conditions and other applicable laws

Each permit under this section shall

identify the individual who shall be

responsible for carrying out the terms and

conditions of the permit and for otherwise

complying with this chapter and other law

applicable to the permitted activity.

(f) Suspension or revocation of permits;

grounds

Any permit issued under this section may

be suspended by the Federal land manager upon his determination that the

permittee has violated any provision of

subsection (a), (b), or (c) of section 470ee

of this title. Any such permit may be

revoked by such Federal land manager

upon assessment of a civil penalty under

section 470ff of this title against the

permittee or upon the permittee’s conviction under section 470ee of this title.

(g) Excavation or removal by Indian

tribes or tribe members; excavation or

removal of resources located on Indian

lands
National Forest System Resource Management - Cultural Resources 131

(1) No permit shall be required under

this section or under the Act of June 8,

1906 (16 U.S.C. 431), for the excavation or removal by any Indian tribe or

member thereof of any archaeological

resource located on Indian lands of such

Indian tribe, except that in the absence

of tribal law regulating the excavation or

removal of archaeological resources on

Indian lands, an individual tribal member

shall be required to obtain a permit

under this section.

(2) In the case of any permits for the

excavation or removal of any

archaelogical resource located on Indian

lands, the permit may be granted only

after obtaining the consent of the Indian

or Indian tribe owning or having jurisdiction over such lands. The permit shall

include such terms and conditions as

may be requested by such Indian or

Indian tribe.

(h) Permits issued under Antiquities Act

of 1906

(1) No permit or other permission shall

be required under the Act of June 8,

1906 (16 U.S.C. 431-433), for any

activity for which a permit is issued

under this section.

(2) Any permit issued under the Act of

June 8, 1906 (16 U.S.C. 431-433), shall

remain in effect according to its terms

and conditions following the enactment

of this chapter. No permit under this

chapter shall be required to carry out

any activity under a permit issued under

the Act of June 8, 1906, before October

31, 1979, which remains in effect as

provided in this paragraph, and nothing

in this chapter shall modify or affect any

such permit.

(i) Compliance with provisions relating to

undertakings on property listed in the

National Register not required

Issuance of a permit in accordance with

this section and applicable regulations

shall not require compliance with section

470f of this title.

(j) Issuance of permits to State Governors

for archaeological activities on behalf of

States or their educational institutions

Upon the written request of the Governor

of any State, the Federal land manager

shall issue a permit, subject to the provisions of subsections (b)(3), (b)(4), (c), (e),

(f), (g), (h), and (i) of this section for the

purpose of conducting archaeological

research, excavation, removal, and

curation, on behalf of the State or its

educational institutions, to such Governor

or to such designee as the Governor

deems qualified to carry out the intent of

this chapter. (16 U.S.C. 470cc)

Custody of archaeological resources

Sec. 5 The Secretary of the Interior may

promulgate regulations providing for -

(1) the exchange, where appropriate,

between suitable universities, museums,

or other scientific or educational institutions, of archaeological resources

removed from public lands and Indian

lands pursuant to this chapter, and

(2) the ultimate disposition of such

resources and other resources removed

pursuant to the Act of June 27, 1960 (16

U.S.C. 469-469c) (16 U.S.C. 469-469c-
132 National Forest System Resource Management - Cultural Resources

1) or the Act of June 8, 1906 (16 U.S.C.

431-433). Any exchange or ultimate

disposition under such regulation of

archaeological resources excavated or

removed from Indian lands shall be

subject to the consent of the Indian or

Indian tribe which owns or has jurisdiction over such lands. Following promulgation of regulations under this section,

notwithstanding any other provision of

law, such regulations shall govern the

disposition of archaeological resources

removed from public lands and Indian

lands pursuant to this chapter. (16

U.S.C. 470dd)

Prohibited acts and criminal

penalties

Sec. 6 (a) Unauthorized excavation,

removal, damage, alteration, or defacement of archaeological resources

No person may excavate, remove,

damage, or otherwise alter or deface, or

attempt to excavate, remove, damage, or

otherwise alter or deface any archaeological resource located on public lands or

Indian lands unless such activity is

pursuant to a permit issued under section

470cc of this title, a permit referred to in

section 470cc(h)(2) of this title, or the

exemption contained in section

470cc(g)(1) of this title.

(b) Trafficking in archaeological resources the excavation or removal of

which was wrongful under Federal law

No person may sell, purchase, exchange,

transport, receive, or offer to sell, purchase, or exchange any archaeological

resource if such resource was excavated

or removed from public lands or Indian

lands in violation of -

(1) the prohibition contained in subsection (a) of this section, or

(2) any provision, rule, regulation,

ordinance, or permit in effect under any

other provision of Federal law.

(c) Trafficking in interstate or foreign

commerce in archaeological resources

the excavation, removal, sale, purchase,

exchange, transportation or receipt of

which was wrongful under State or local

law

No person may sell, purchase, exchange,

transport, receive, or offer to sell, purchase, or exchange, in interstate or

foreign commerce, any archaeological

resource excavated, removed, sold,

purchased, exchanged, transported, or

received in violation of any provision, rule,

regulation, ordinance, or permit in effect

under State or local law.

(d) Penalties

Any person who knowingly violates, or

counsels, procures, solicits, or employs

any other person to violate, any prohibition contained in subsection (a), (b), or (c)

of this section shall, upon conviction, be

fined not more than $10,000 or imprisoned

not more than one year, or both: Provided,

however, That if the commercial or

archaeological value of the archaeological

resources involved and the cost of

restoration and repair of such resources

exceeds the sum of $500, such person

shall be fined not more than $20,000 or

imprisoned not more than two years, or

both. In the case of a second or subse-
National Forest System Resource Management - Cultural Resources 133

quent such violation upon conviction such

person shall be fined not more than

$100,000, or imprisoned not more than

five years, or both.

(e) Effective date

The prohibitions contained in this section

shall take effect on October 31, 1979.

(f) Prospective application

Nothing in subsection (b)(1) of this

section shall be deemed applicable to any

person with respect to an archaeological

resource which was in the lawful possession of such person prior to October 31,

1979.

(g) Removal of arrowheads located on

ground surface

Nothing in subsection (d) of this section

shall be deemed applicable to any person

with respect to the removal of arrowheads located on the surface of the

ground. (16 U.S.C. 470ee)

Civil penalties

Sec. 7 (a) Assessment by Federal land

manager

(1) Any person who violates any

prohibition contained in an applicable

regulation or permit issued under this

chapter may be assessed a civil penalty

by the Federal land manager concerned.

No penalty may be assessed under this

subsection unless such person is given

notice and opportunity for a hearing

with respect to such violation. Each

violation shall be a separate offense.

Any such civil penalty may be remitted

or mitigated by the Federal land manager concerned.

(2) The amount of such penalty shall be

determined under regulations promulgated pursuant to this chapter, taking

into account, in addition to other factors -

(A) the archaeological or commercial

value of the archaeological resource

involved, and

(B) the cost of restoration and repair

of the resource and the archaeological

site involved. Such regulations shall

provide that, in the case of a second or

subsequent violation by any person,

the amount of such civil penalty may

be double the amount which would

have been assessed if such violation

were the first violation by such person.

The amount of any penalty assessed

under this subsection for any violation

shall not exceed an amount equal to

double the cost of restoration and

repair of resources and archaeological

sites damaged and double the fair

market value of resources destroyed

or not recovered.

(3) No penalty shall be assessed under

this section for the removal of arrowheads located on the surface of the

ground.

(b) Judicial review of assessed penalties;

collection of unpaid assessments

(1) Any person aggrieved by an order

assessing a civil penalty under subsection (a) of this section may file a petition

for judicial review of such order with

the United States District Court for the

District of Columbia or for any other
134 National Forest System Resource Management - Cultural Resources

district in which such a person resides

or transacts business. Such a petition

may only be filed within the 30-day

period beginning on the date the order

making such assessment was issued.

The court shall hear such action on the

record made before the Federal land

manager and shall sustain his action if it

is supported by substantial evidence on

the record considered as a whole.

(2) If any person fails to pay an assessment of a civil penalty -

(A) after the order making the assessment has become a final order and

such person has not filed a petition for

judicial review of the order in accordance with paragraph (1), or

(B) after a court in an action brought

under paragraph (1) has entered a

final judgment upholding the assessment of a civil penalty, the Federal

land managers may request the

Attorney General to institute a civil

action in a district court of the United

States for any district in which such

person is found, resides, or transacts

business to collect the penalty and

such court shall have jurisdiction to

hear and decide any such action. In

such action, the validity and amount of

such penalty shall not be subject to

review.

(c) Hearings

Hearings held during proceedings for the

assessment of civil penalties authorized

by subsection (a) of this section shall be

conducted in accordance with section 554

of title 5. The Federal land manager may

issue subpenas for the attendance and

testimony of witnesses and the production

of relevant papers, books, and documents,

and administer oaths. Witnesses summoned shall be paid the same fees and

mileage that are paid to witnesses in the

courts of the United States. In case of

contumacy or refusal to obey a subpena

served upon any person pursuant to this

paragraph, the district court of the United

States for any district in which such

person is found or resides or transacts

business, upon application by the United

States and after notice to such person,

shall have jurisdiction to issue an order

requiring such person to appear and give

testimony before the Federal land manager or to appear and produce documents

before the Federal land manager, or both,

and any failure to obey such order of the

court may be punished by such court as a

contempt thereof. (16 U.S.C. 470ff)

Enforcement

Sec. 8 (a) Rewards

Upon the certification of the Federal land

manager concerned, the Secretary of the

Treasury is directed to pay from penalties

and fines collected under sections 470ee

and 470ff of this title an amount equal to

one-half of such penalty or fine, but not to

exceed $500, to any person who furnishes

information which leads to the finding of a

civil violation, or the conviction of criminal

violation, with respect to which such

penalty or fine was paid. If several

persons provided such information, such

amount shall be divided among such

persons. No officer or employee of the

United States or of any State or local

government who furnishes information or
National Forest System Resource Management - Cultural Resources 135

renders service in the performance of his

official duties shall be eligible for payment

under this subsection.

(b) Forfeitures

All archaeological resources with respect

to which a violation of subsection (a), (b),

or (c) of section 470ee of this title occurred and which are in the possession of

any person, and all vehicles and equipment of any person which were used in

connection with such violation, may be (in

the discretion of the court or administrative law judge, as the case may be)

subject to forfeiture to the United States

upon -

(1) such person’s conviction of such

violation under section 470ee of this

title,

(2) assessment of a civil penalty against

such person under section 470ff of this

title with respect to such violation, or

(3) a determination by any court that

such archaeological resources, vehicles,

or equipment were involved in such

violation.

(c) Disposition of penalties collected and

items forfeited in cases involving archaeological resources excavated or

removed from Indian lands

In cases in which a violation of the

prohibition contained in subsection (a),

(b), or (c) of section 470ee of this title

involve archaeological resources excavated or removed from Indian lands, the

Federal land manager or the court, as the

case may be, shall provide for the payment to the Indian or Indian tribe involved

of all penalties collected pursuant to

section 470ff of this title and for the

transfer to such Indian or Indian tribe of

all items forfeited under this section. (16

U.S.C. 470gg)

Confidentiality of information

concerning nature and location of

archaeological resources

Sec. 9 (a) Disclosure of information

Information concerning the nature and

location of any archaeological resource

for which the excavation or removal

requires a permit or other permission

under this chapter or under any other

provision of Federal law may not be made

available to the public under subchapter II

of chapter 5 of title 5 or under any other

provision of law unless the Federal land

manager concerned determines that such

disclosure would -

(1) further the purposes of this chapter

or the Act of June 27, 1960 (16 U.S.C.

469-469c) (16 U.S.C. 469-469c-1), and

(2) not create a risk of harm to such

resources or to the site at which such

resources are located.

(b) Request for disclosure by Governors

Notwithstanding the provisions of subsection (a) of this section, upon the written

request of the Governor of any State,

which request shall state -

(1) the specific site or area for which

information is sought,

(2) the purpose for which such information is sought,

(3) a commitment by the Governor to

adequately protect the confidentiality of
136 National Forest System Resource Management - Cultural Resources

such information to protect the resource

from commercial exploitation, the

Federal land manager concerned shall

provide to the Governor information

concerning the nature and location of

archaeological resources within the

State of the requesting Governor. (16

U.S.C. 470hh)

Rules and regulations;

intergovernmental coordination

Sec. 10 (a) Promulgation; effective date

The Secretaries of the Interior, Agriculture and Defense and the Chairman of

the Board of the Tennessee Valley

Authority, after consultation with other

Federal land managers, Indian tribes,

representatives of concerned State

agencies, and after public notice and

hearing, shall promulgate such uniform

rules and regulations as may be appropriate to carry out the purposes of this

chapter. Such rules and regulations may

be promulgated only after consideration

of the provisions of the American Indian

Religious Freedom Act (92 Stat. 469; 42

U.S.C. 1996 (, 1996a)). Each uniform

rule or regulation promulgated under this

chapter shall be submitted on the same

calendar day to the Committee on Energy

and Natural Resources of the United

States Senate and to the Committee on

Natural Resources of the United States

House of Representatives, and no such

uniform rule or regulation may take effect

before the expiration of a period of ninety

calendar days following the date of its

submission to such Committees.

(b) Federal land managers’ rules

Each Federal land manager shall promulgate such rules and regulations, consistent

with the uniform rules and regulations

under subsection (a) of this section, as

may be appropriate for the carrying out of

his functions and authorities under this

chapter.

(c) Federal land managers’ public awareness program of archaeological resources

on public lands and Indian lands

Each Federal land manager shall establish

a program to increase public awareness

of the significance of the archaeological

resources located on public lands and

Indian lands and the need to protect such

resources. (16 U.S.C. 470ii)

Cooperation with private individuals

Sec. 11 The Secretary of the Interior

shall take such action as may be necessary, consistent with the purposes of this

chapter, to foster and improve the communication, cooperation, and exchange of

information between -

(1) private individuals having collections

of archaeological resources and data

which were obtained before the date of

the enactment of this chapter, and

(2) Federal authorities responsible for

the protection of archaeological resources on the public lands and Indian

lands and professional archaeologists

and associations of professional archaeologists. In carrying out this section, the

Secretary shall, to the extent practicable

and consistent with the provisions of this

chapter, make efforts to expand the

archaeological data base for the archaeological resources of the United
National Forest System Resource Management - Cultural Resources 137

States through increased cooperation

between private individuals referred to

in paragraph (1) and professional

archaeologists and archaeological

organizations. (16 U.S.C. 470jj)

Savings provisions

Sec. 12 (a) Mining, mineral leasing,

reclamation, and other multiple uses

Nothing in this chapter shall be construed

to repeal, modify, or impose additional

restrictions on the activities permitted

under existing laws and authorities

relating to mining, mineral leasing, reclamation, and other multiple uses of the

public lands.

(b) Private collections

Nothing in this chapter applies to, or

requires a permit for, the collection for

private purposes of any rock, coin, bullet,

or mineral which is not an archaeological

resource, as determined under uniform

regulations promulgated under section

470bb(1) of this title.

(c) Lands within chapter

Nothing in this chapter shall be construed

to affect any land other than public land

or Indian land or to affect the lawful

recovery, collection, or sale of archaeological resources from land other than

public land or Indian land. (16 U.S.C.

470kk)

Annual report to Congress

Sec. 13 As part of the annual report

required to be submitted to the specified

committees of the Congress pursuant to

section 469a-3(c) of this title, the Secretary of the Interior shall comprehensively

report as a separate component on the

activities carried out under the provisions

of this chapter, and he shall make such

recommendations as he deems appropriate as to changes or improvements

needed in the provisions of this chapter.

Such report shall include a brief summary

of the actions undertaken by the Secretary under section 470jj of this title,

relating to cooperation with private

individuals. (16 U.S.C. 470ll)

Surveying of lands; reporting of

violations

Sec. 14 The Secretaries of the Interior,

Agriculture, and Defense and the Chairman of the Board of the Tennessee

Valley Authority shall -

(a) develop plans for surveying lands

under their control to determine the

nature and extent of archeological

resources on those lands;

(b) prepare a schedule for surveying

lands that are likely to contain the most

scientifically valuable archeological

resources; and

(c) develop documents for the reporting

of suspected violations of this chapter and

establish when and how those documents

are to be completed by officers, employees, and agents of their respective

agencies. (16 U.S.C. 470mm)
138 National Forest System Resource Management - Cultural Resources

Native American Graves Protection and

Repatriation Act

November 16, 1990 (Pub. L. 101-601, 104 Stat. 3048; 25

U.S.C. 3001 note, 3001, 3002, 18 U.S.C. 1170, 18 preceding

1151, 25 U.S.C. 3003 to 3013)

***

Definitions

Sec. 2 For purposes of this chapter, the

term –

(1) “burial site” means any natural or

prepared physical location, whether

originally below, on, or above the

surface of the earth, into which as a

part of the death rite or ceremony of a

culture, individual human remains are

deposited.

(2) “cultural affiliation” means that

there is a relationship of shared group

identity which can be reasonably traced

historically or prehistorically between a

present day Indian tribe or Native

Hawaiian organization and an identifiable earlier group.

(3) “cultural items” means human

remains and -

(A) “associated funerary objects”

which shall mean objects that, as a

part of the death rite or ceremony of a

culture, are reasonably believed to

have been placed with individual

human remains either at the time of

death or later, and both the human

remains and associated funerary

objects are presently in the possession

or control of a Federal agency or

museum, except that other items

exclusively made for burial purposes

or to contain human remains shall be

considered as associated funerary

objects. 1

(B) “unassociated funerary objects”

which shall mean objects that, as a

part of the death rite or ceremony of a

culture, are reasonably believed to

have been placed with individual

human remains either at the time of

death or later, where the remains are

not in the possession or control of the

Federal agency or museum and the

objects can be identified by a preponderance of the evidence as related to

specific individuals or families or to

known human remains or, by a preponderance of the evidence, as having

been removed from a specific burial

site of an individual culturally affiliated

with a particular Indian tribe,

(C) “sacred objects” which shall mean

specific ceremonial objects which are

needed by traditional Native American

religious leaders for the practice of

traditional Native American religions

by their present day adherents, and

(D) “cultural patrimony” which shall

mean an object having ongoing

historical, traditional, or cultural
National Forest System Resource Management - Cultural Resources 139

importance central to the Native

American group or culture itself,

rather than property owned by an

individual Native American, and

which, therefore, cannot be alienated,

appropriated, or conveyed by any

individual regardless of whether or not

the individual is a member of the

Indian tribe or Native Hawaiian

organization and such object shall have

been considered inalienable by such

Native American group at the time the

object was separated from such

group.

(4) “Federal agency” means any

department, agency, or instrumentality

of the United States. Such term does

not include the Smithsonian Institution.

(5) “Federal lands” means any land

other than tribal lands which are controlled or owned by the United States,

including lands selected by but not yet

conveyed to Alaska Native Corporations and groups organized pursuant to

the Alaska Native Claims Settlement

Act of 1971 (43 U.S.C. 1601 et seq.).

(6) “Hui Malama I Na Kupuna O

Hawai’i Nei” means the nonprofit,

Native Hawaiian organization incorporated under the laws of the State of

Hawaii by that name on April 17, 1989,

for the purpose of providing guidance

and expertise in decisions dealing with

Native Hawaiian cultural issues, particularly burial issues.

(7) “Indian tribe” means any tribe, band,

nation, or other organized group or

community of Indians, including any

Alaska Native village (as defined in, or

established pursuant to, the Alaska

Native Claims Settlement Act (43

U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the

United States to Indians because of

their status as Indians.

(8) “museum” means any institution or

State or local government agency

(including any institution of higher

learning) that receives Federal funds

and has possession of, or control over,

Native American cultural items. Such

term does not include the Smithsonian

Institution or any other Federal agency.

(9) “Native American” means of, or

relating to, a tribe, people, or culture that

is indigenous to the United States.

(10) “Native American” means any

individual who is a descendant of the

aboriginal people who, prior to 1778,

occupied and exercised sovereignty in

the area that now constitutes the State

of Hawaii.

(11) “Native Hawaiian organization”

means any organization which -

(A) serves and represents the interests of Native Hawaiians,

(B) has as a primary and stated

purpose the provision of services to

Native Hawaiians, and

(C) has expertise in Native Hawaiian

Affairs, and shall include the Office of

Hawaiian Affairs and Hui Malama I

Na Kupuna O Hawai’i Nei.

(12) “Office of Hawaiian Affairs”

means the Office of Hawaiian Affairs
140 National Forest System Resource Management - Cultural Resources

established by the constitution of the

State of Hawaii.

(13) “right of possession” means

possession obtained with the voluntary

consent of an individual or group that

had authority of alienation. The original

acquisition of a Native American

unassociated funerary object, sacred

object or object of cultural patrimony

from an Indian tribe or Native Hawaiian

organization with the voluntary consent

of an individual or group with authority

to alienate such object is deemed to give

right of possession of that object, unless

the phrase so defined would, as applied

in section 3005(c) of this title, result in a

Fifth Amendment taking by the United

States as determined by the United

States Court of Federal Claims pursuant

to 28 U.S.C. 1491 in which event the

“right of possession” shall be as provided under otherwise applicable

property law. The original acquisition of

Native American human remains and

associated funerary objects which were

excavated, exhumed, or otherwise

obtained with full knowledge and

consent of the next of kin or the official

governing body of the appropriate

culturally affiliated Indian tribe or

Native Hawaiian organization is deemed

to give right of possession to those

remains.

(14) “Secretary” means the Secretary

of the Interior.

(15) “tribal land” means -

(A) all lands within the exterior

boundaries of any Indian reservation;

(B) all dependent Indian communities;2

2

(C) any lands administered for the

benefit of Native Hawaiians pursuant

to the Hawaiian Homes Commission

Act, 1920, and section 4 of Public

Law 86-3. (25 U.S.C. 3001)

1

 So in original. The period probably

should be a comma.

2

 So in original. Probably should be

followed by “and”.

Ownership

Sec. 3 (a) Native American human

remains and objects

The ownership or control of Native

American cultural items which are

excavated or discovered on Federal or

tribal lands after November 16, 1990,

shall be (with priority given in the order

listed) –

(1) in the case of Native American

human remains and associated funerary

objects, in the lineal descendants of the

Native American; or

(2) in any case in which such lineal

descendants cannot be ascertained, and

in the case of unassociated funerary

objects, sacred objects, and objects of

cultural patrimony -

(A) in the Indian tribe or Native

Hawaiian organization on whose tribal

land such objects or remains were

discovered;

(B) in the Indian tribe or Native

Hawaiian organization which has the

closest cultural affiliation with such

remains or objects and which, upon
National Forest System Resource Management - Cultural Resources 141

notice, states a claim for such remains

or objects; or

(C) if the cultural affiliation of the

objects cannot be reasonably ascertained and if the objects were discovered on Federal land that is recognized

by a final judgment of the Indian

Claims Commission or the United

States Court of Claims as the aboriginal land of some Indian tribe –

(1) in the Indian tribe that is recognized as aboriginally occupying the

area in which the objects were

discovered, if upon notice, such tribe

states a claim for such remains or

objects, or

(2) if it can be shown by a preponderance of the evidence that a

different tribe has a stronger cultural

relationship with the remains or

objects than the tribe or organization

specified in paragraph (1), in the

Indian tribe that has the strongest

demonstrated relationship, if upon

notice, such tribe states a claim for

such remains or objects.

(b) Unclaimed Native American human

remains and objects

Native American cultural items not

claimed under subsection (a) of this

section shall be disposed of in accordance

with regulations promulgated by the

Secretary in consultation with the review

committee established under section 3006

of this title, Native American groups,

representatives of museums and the

scientific community.

(c) Intentional excavation and removal of

Native American human remains and

objects

The intentional removal from or excavation of Native American cultural items

from Federal or tribal lands for purposes

of discovery, study, or removal of such

items is permitted only if –

(1) such items are excavated or removed pursuant to a permit issued

under section 470cc of title 16 which

shall be consistent with this chapter;

(2) such items are excavated or removed after consultation with or, in the

case of tribal lands, consent of the

appropriate (if any) Indian tribe or

Native Hawaiian organization;

(3) the ownership and right of control of

the disposition of such items shall be as

provided in subsections (a) and (b) of

this section; and

(4) proof of consultation or consent

under paragraph (2) is shown.

(d) Inadvertent discovery of Native

American remains and objects

(1) Any person who knows, or has

reason to know, that such person has

discovered Native American cultural

items on Federal or tribal lands after

November 16, 1990, shall notify, in

writing, the Secretary of the Department, or head of any other agency or

instrumentality of the United States,

having primary management authority

with respect to Federal lands and the

appropriate Indian tribe or Native

Hawaiian organization with respect to

tribal lands, if known or readily

ascertainable, and, in the case of lands
142 National Forest System Resource Management - Cultural Resources

that have been selected by an Alaska

Native Corporation or group organized

pursuant to the Alaska Native Claims

Settlement Act of 1971 (43 U.S.C. 1601

et seq.), the appropriate corporation or

group. If the discovery occurred in

connection with an activity, including

(but not limited to) construction, mining,

logging, and agriculture, the person shall

cease the activity in the area of the

discovery, make a reasonable effort to

protect the items discovered before

resuming such activity, and provide

notice under this subsection. Following

the notification under this subsection,

and upon certification by the Secretary

of the department or the head of any

agency or instrumentality of the United

States or the appropriate Indian tribe or

Native Hawaiian organization that

notification has been received, the

activity may resume after 30 days of

such certification.

(2) The disposition of and control over

any cultural items excavated or removed under this subsection shall be

determined as provided for in this

section.

(3) If the Secretary of the Interior

consents, the responsibilities (in whole

or in part) under paragraphs (1) and (2)

of the Secretary of any department

(other than the Department of the

Interior) or the head of any other

agency or instrumentality may be

delegated to the Secretary with respect

to any land managed by such other

Secretary or agency head.

(e) Relinquishment

Nothing in this section shall prevent the

governing body of an Indian tribe or

Native Hawaiian organization from

expressly relinquishing control over any

Native American human remains, or title

to or control over any funerary object, or

sacred object. (25 U.S.C. 3002)

Illegal trafficking in Native

American human remains and

cultural items

Sec. 4(a) (a) Whoever knowingly sells,

purchases, uses for profit, or transports

for sale or profit, the human remains of a

Native American without the right of

possession to those remains as provided

in the Native American Graves Protection

and Repatriation Act shall be fined in

accordance with this title, or imprisoned

not more than 12 months, or both, and in

the case of a second or subsequent

violation, be fined in accordance with this

title, or imprisoned not more than 5 years,

or both.

(b) Whoever knowingly sells, purchases,

uses for profit, or transports for sale or

profit any Native American cultural items

obtained in violation of the Native American Grave Protection and Repatriation

Act shall be fined in accordance with this

title, imprisoned not more than one year,

or both, and in the case of a second or

subsequent violation, be fined in accordance with this title, imprisoned not more

than 5 years, or both. (18 U.S.C. 1170)

***

Inventory for human remains and

associated funerary objects
National Forest System Resource Management - Cultural Resources 143

Sec. 5 (a) In general

Each Federal agency and each museum

which has possession or control over

holdings or collections of Native American human remains and associated

funerary objects shall compile an inventory of such items and, to the extent

possible based on information possessed

by such museum or Federal agency,

identify the geographical and cultural

affiliation of such item. 3

(b) Requirements

(1) The inventories and identifications

required under subsection (a) of this

section shall be -

(A) completed in consultation with

tribal government and Native Hawaiian organization officials and traditional

religious leaders;

(B) completed by not later than the

date that is 5 years after November

16, 1990, and

(C) made available both during the

time they are being conducted and

afterward to a review committee

established under section 3006 of this

title.

(2) Upon request by an Indian tribe or

Native Hawaiian organization which

receives or should have received notice,

a museum or Federal agency shall

supply additional available documentation to supplement the information

required by subsection (a) of this

section. The term “documentation”

means a summary of existing museum

or Federal agency records, including

inventories or catalogues, relevant

studies, or other pertinent data for the

limited purpose of determining the

geographical origin, cultural affiliation,

and basic facts surrounding acquisition

and accession of Native American

human remains and associated funerary

objects subject to this section. Such

term does not mean, and this chapter

shall not be construed to be an authorization for, the initiation of new scientific

studies of such remains and associated

funerary objects or other means of

acquiring or preserving additional

scientific information from such remains

and objects.

(c) Extension of time for inventory

Any museum which has made a good

faith effort to carry out an inventory and

identification under this section, but which

has been unable to complete the process,

may appeal to the Secretary for an

extension of the time requirements set

forth in subsection (b)(1)(B) of this

section. The Secretary may extend such

time requirements for any such museum

upon a finding of good faith effort. An

indication of good faith shall include the

development of a plan to carry out the

inventory and identification process.

(d) Notification

(1) If the cultural affiliation of any

particular Native American human

remains or associated funerary objects

is determined pursuant to this section,

the Federal agency or museum concerned shall, not later than 6 months

after the completion of the inventory,
144 National Forest System Resource Management - Cultural Resources

notify the affected Indian tribes or

Native Hawaiian organizations.

(2) The notice required by paragraph

(1) shall include information -

(A) which identifies each Native

American human remains or associated funerary objects and the circumstances surrounding its acquisition;

(B) which lists the human remains or

associated funerary objects that are

clearly identifiable as to tribal origin;

and

(C) which lists the Native American

human remains and associated

funerary objects that are not clearly

identifiable as being culturally affiliated

with that Indian tribe or Native

Hawaiian organization, but which,

given the totality of circumstances

surrounding acquisition of the remains

or objects, are determined by a

reasonable belief to be remains or

objects culturally affiliated with the

Indian tribe or Native Hawaiian

organization.

(3) A copy of each notice provided

under paragraph (1) shall be sent to the

Secretary who shall publish each notice

in the Federal Register.

(e) Inventory

For the purposes of this section, the term

“inventory” means a simple itemized list

that summarizes the information called for

by this section. (25 U.S.C. 3003)

3

 So in original. Probably should be

“items.”

Summary for unassociated funerary

objects, sacred objects, and cultural

patrimony

Sec. 6 (a) In general

Each Federal agency or museum which

has possession or control over holdings or

collections of Native American

unassociated funerary objects, sacred

objects, or objects of cultural patrimony

shall provide a written summary of such

objects based upon available information

held by such agency or museum. The

summary shall describe the scope of the

collection, kinds of objects included,

reference to geographical location, means

and period of acquisition and cultural

affiliation, where readily ascertainable.

(b) Requirements

(1) The summary required under

subsection (a) of this section shall be -

(A) in lieu of an object-by-object

inventory;

(B) followed by consultation with tribal

government and Native Hawaiian

organization officials and traditional

religious leaders; and

(C) completed by not later than the

date that is 3 years after November

16, 1990.

(2) Upon request, Indian Tribes 4

 and

Native Hawaiian organizations shall

have access to records, catalogues,

relevant studies or other pertinent data

for the limited purposes of determining

the geographic origin, cultural affiliation,

and basic facts surrounding acquisition

and accession of Native American

objects subject to this section. Such
National Forest System Resource Management - Cultural Resources 145

information shall be provided in a

reasonable manner to be agreed upon

by all parties. (25 U.S.C. 3004)

4

 So in original. Probably should not be

capitalized.

Repatriation

Sec. 7 (a) Repatriation of Native American human remains and objects possessed or controlled by Federal agencies

and museums

(1) If, pursuant to section 3003 of this

title, the cultural affiliation of Native

American human remains and associated funerary objects with a particular

Indian tribe or Native Hawaiian organization is established, then the Federal

agency or museum, upon the request of

a known lineal descendant of the Native

American or of the tribe or organization

and pursuant to subsections (b) and (e)

of this section, shall expeditiously return

such remains and associated funerary

objects.

(2) If, pursuant to section 3004 of this

title, the cultural affiliation with a

particular Indian tribe or Native Hawaiian organization is shown with respect

to unassociated funerary objects, sacred

objects or objects of cultural patrimony,

then the Federal agency or museum,

upon the request of the Indian tribe or

Native Hawaiian organization and

pursuant to subsections (b), (c) and (e)

of this section, shall expeditiously return

such objects.

(3) The return of cultural items covered

by this chapter shall be in consultation

with the requesting lineal descendant or

tribe or organization to determine the

place and manner of delivery of such

items.

(4) Where cultural affiliation of Native

American human remains and funerary

objects has not been established in an

inventory prepared pursuant to section

3003 of this title, or the summary

pursuant to section 3004 of this title, or

where Native American human remains

and funerary objects are not included

upon any such inventory, then, upon

request and pursuant to subsections (b)

and (e) of this section and, in the case

of unassociated funerary objects,

subsection (c) of this section, such

Native American human remains and

funerary objects shall be expeditiously

returned where the requesting Indian

tribe or Native Hawaiian organization

can show cultural affiliation by a

preponderance of the evidence based

upon geographical, kinship, biological,

archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or

other relevant information or expert

opinion.

(5) Upon request and pursuant to

subsections (b), (c) and (e) of this

section, sacred objects and objects of

cultural patrimony shall be expeditiously

returned where -

(A) the requesting party is the direct

lineal descendant of an individual who

owned the sacred object;

(B) the requesting Indian tribe or

Native Hawaiian organization can

show that the object was owned or

controlled by the tribe or organization;
146 National Forest System Resource Management - Cultural Resources

or

(C) the requesting Indian tribe or

Native Hawaiian organization can

show that the sacred object was

owned or controlled by a member

thereof, provided that in the case

where a sacred object was owned by

a member thereof, there are no

identifiable lineal descendants of said

member or the lineal descendants,

upon notice, have failed to make a

claim for the object under this chapter.

(b) Scientific study

If the lineal descendant, Indian tribe, or

Native Hawaiian organization requests

the return of culturally affiliated Native

American cultural items, the Federal

agency or museum shall expeditiously

return such items unless such items are

indispensable for completion of a specific

scientific study, the outcome of which

would be of major benefit to the United

States. Such items shall be returned by no

later than 90 days after the date on which

the scientific study is completed.

(c) Standard of repatriation

If a known lineal descendant or an Indian

tribe or Native Hawaiian organization

requests the return of Native American

unassociated funerary objects, sacred

objects or objects of cultural patrimony

pursuant to this chapter and presents

evidence which, if standing alone before

the introduction of evidence to the

contrary, would support a finding that the

Federal agency or museum did not have

the right of possession, then such agency

or museums hall return such objects

unless it can overcome such inference

and prove that it has a right of possession

to the objects.

(d) Sharing of information by Federal

agencies and museums

Any Federal agency or museum shall

share what information it does possess

regarding the object in question with the

known lineal descendant, Indian tribe, or

Native Hawaiian organization to assist in

making a claim under this section.

(e) Competing claims

Where there are multiple requests for

repatriation of any cultural item and, after

complying with the requirements of this

chapter, the Federal agency or museum

cannot clearly determine which requesting party is the most appropriate claimant,

the agency or museum may retain such

item until the requesting parties agree

upon its disposition or the dispute is

otherwise resolved pursuant to the

provisions of this chapter or by a court of

competent jurisdiction.

(f) Museum obligation

Any museum which repatriates any item

in good faith pursuant to this chapter shall

not be liable for claims by an aggrieved

party or for claims of breach of fiduciary

duty, public trust, or violations of state 5

law that are inconsistent with the provisions of this chapter. (25 U.S.C. 3005)

5

 So in original. Probably should be

capitalized.

Review committee

Sec. 8 (a) Establishment

Within 120 days after November 16,
National Forest System Resource Management - Cultural Resources 147

1990, the Secretary shall establish a

committee to monitor and review the

implementation of the inventory and

identification process and repatriation

activities required under sections 3003,

3004 and 3005 of this title.

(b) Membership

(1) The Committee 6

 established under

subsection (a) of this section shall be

composed of 7 members,

(A) 3 of whom shall be appointed by

the Secretary from nominations

submitted by Indian tribes, Native

Hawaiian organizations, and traditional

Native American religious leaders with

at least 2 of such persons being

traditional Indian religious leaders;

(B) 3 of whom shall be appointed by

the Secretary from nominations

submitted by national museum organizations and scientific organizations;

and

(C) 1 who shall be appointed by the

Secretary from a list of persons

developed and consented to by all of

the members appointed pursuant to

subparagraphs (A) and (B).

(2) The Secretary may not appoint

Federal officers or employees to the

committee.

(3) In the event vacancies shall occur,

such vacancies shall be filled by the

Secretary in the same manner as the

original appointment within 90 days of

the occurrence of such vacancy.

(4) Members of the committee established under subsection (a) of this

section shall serve without pay, but shall

be reimbursed at a rate equal to the

daily rate for GS-18 of the General

Schedule for each day (including travel

time) for which the member is actually

engaged in committee business. Each

member shall receive travel expenses,

including per diem in lieu of subsistence,

in accordance with sections 5702 and

5703 of title 5.

(c) Responsibilities

The committee established under subsection (a) of this section shall be responsible

for –

(1) designating one of the members of

the committee as chairman;

(2) monitoring the inventory and identification process conducted under sections

3003 and 3004 of this title to ensure a

fair, objective consideration and assessment of all available relevant information and evidence;

(3) upon the request of any affected

party, reviewing and making findings

related to -

(A) the identity or cultural affiliation of

cultural items, or

(B) the return of such items;

(4) facilitating the resolution of any

disputes among Indian tribes, Native

Hawaiian organizations, or lineal

descendants and Federal agencies or

museums relating to the return of such

items including convening the parties to

the dispute if deemed desirable;

(5) compiling an inventory of culturally

unidentifiable human remains that are in
148 National Forest System Resource Management - Cultural Resources

the possession or control of each

Federal agency and museum and

recommending specific actions for

developing a process for disposition of

such remains;

(6) consulting with Indian tribes and

Native Hawaiian organizations and

museums on matters within the scope of

the work of the committee affecting

such tribes or organizations;

(7) consulting with the Secretary in the

development of regulations to carry out

this chapter;

(8) performing such other related

functions as the Secretary may assign

to the committee; and

(9) making recommendations, if appropriate, regarding future care of cultural

items which are to be repatriated.

(d) Admissibility of records and findings

Any records and findings made by the

review committee pursuant to this chapter

relating to the identity or cultural affiliation of any cultural items and the return of

such items may be admissible in any

action brought under section 3013 of this

title.

(e) Recommendations and report

The committee shall make the recommendations under paragraph 7

 (c)(5) in

consultation with Indian tribes and Native

Hawaiian organizations and appropriate

scientific and museum groups.

(f) Access

The Secretary shall ensure that the

committee established under subsection

(a) of this section and the members of the

committee have reasonable access to

Native American cultural items under

review and to associated scientific and

historical documents.

(g) Duties of Secretary

The Secretary shall –

(1) establish such rules and regulations

for the committee as may be necessary,

and

(2) provide reasonable administrative

and staff support necessary for the

deliberations of the committee.

(h) Annual report

The committee established under subsection (a) of this section shall submit an

annual report to the Congress on the

progress made, and any barriers encountered, in implementing this section during

the previous year.

(i) Termination

The committee established under subsection (a) of this section shall terminate at

the end of the 120-day period beginning

on the day the Secretary certifies, in a

report submitted to Congress, that the

work of the committee has been completed. (25 U.S.C. 3006)

6

 So in original. Probably should not be

capitalized.

7

 So in original. Probably should be

“subsection”.

Penalty

Sec. 9 (a) Penalty

Any museum that fails to comply with the

requirements of this chapter may be
National Forest System Resource Management - Cultural Resources 149

assessed a civil penalty by the Secretary

of the Interior pursuant to procedures

established by the Secretary through

regulation. A penalty assessed under this

subsection shall be determined on the

record after opportunity for an agency

hearing. Each violation under this subsection shall be a separate offense.

(b) Amount of penalty

The amount of a penalty assessed under

subsection (a) of this section shall be

determined under regulations promulgated

pursuant to this chapter, taking into

account, in addition to other factors-

(1) the archaeological, historical, or

commercial value of the item involved;

(2) the damages suffered, both economic and non economic, by an aggrieved party, 8

 and

(3) the number of violations that have

occurred.

(c) Actions to recover penalties

If any museum fails to pay an assessment

of a civil penalty pursuant to a final order

of the Secretary that has been issued

under subsection (a) of this section and

not appealed or after a final judgment has

been rendered on appeal of such order,

the Attorney General may institute a civil

action in an appropriate district court of

the United States to collect the penalty. In

such action, the validity and amount of

such penalty shall not be subject to

review.

(d) Subpoenas

In hearings held pursuant to subsection

(a) of this section, subpoenas may be

issued for the attendance and testimony

of witnesses and the production of

relevant papers, books, and documents.

Witnesses so summoned shall be paid the

same fees and mileage that are paid to

witnesses in the courts of the United

States. (25 U.S.C. 3007)

8

 So in original. The comma probably

should be a semicolon.

Grants

Sec. 10 (a) Indian tribes and Native

Hawaiian organizations

The Secretary is authorized to make

grants to Indian tribes and Native Hawaiian organizations for the purpose of

assisting such tribes and organizations in

the repatriation of Native American

cultural items.

(b) Museums

The Secretary is authorized to make

grants to museums for the purpose of

assisting the museums in conducting the

inventories and identification required

under sections 3003 and 3004 of this title.

(25 U.S.C. 3008)

Savings provision

Sec. 11 Nothing in this chapter shall be

construed to –

(1) limit the authority of any Federal

agency or museum to -

(A) return or repatriate Native American cultural items to Indian tribes,

Native Hawaiian organizations, or

individuals, and

(B) enter into any other agreement
150 National Forest System Resource Management - Cultural Resources

with the consent of the culturally

affiliated tribe or organization as to the

disposition of, or control over, items

covered by this chapter;

(2) delay actions on repatriation requests that are pending on November

16, 1990;

(3) deny or otherwise affect access to

any court;

(4) limit any procedural or substantive

right which may otherwise be secured

to individuals or Indian tribes or Native

Hawaiian organizations; or

(5) limit the application of any State or

Federal law pertaining to theft or stolen

property. (25 U.S.C. 3009)

Special relationship between Federal

Government and Indian tribes and

Native Hawaiian organizations

Sec. 12 This chapter reflects the unique

relationship between the Federal Government and Indian tribes and Native Hawaiian organizations and should not be

construed to establish a precedent with

respect to any other individual, organization or foreign government. (25 U.S.C.

3010)

Regulations

Sec. 13 The Secretary shall promulgate

regulations to carry out this chapter within

12 months of November 16, 1990. (25

U.S.C. 3011)

Authorization of appropriations

Sec. 14 There is authorized to be appropriated such sums as may be necessary

to carry out this chapter. (25 U.S.C.

3012)

Enforcement

Sec. 15 The United States district courts

shall have jurisdiction over any action

brought by any person alleging a violation

of this chapter and shall have the authority to issue such orders as may be necessary to enforce the provisions of this

chapter. (25 U.S.C. 3013)
National Forest System Resource Management - Minerals and Mining 151

Minerals Resources on Weeks Lands

March 4, 1917 (Ch. 179, 39 Stat. 1150; 16 U.S.C. 520)

Regulations as to mineral resources

The Secretary of Agriculture is authorized, under general regulations to be

prescribed by him, to permit the prospecting, development, and utilization of the

mineral resources of the lands acquired

under the Act of March first, nineteen

hundred and eleven, known as the Weeks

law, upon such terms and for specified

periods or otherwise, as he may deem to

be for the best interests of the United

States; and all moneys received on

account of charges, if any, made under

this Act shall be disposed of as is provided by existing law for the disposition of

receipts from national forests. (16 U.S.C.

520)
152 National Forest System Resource Management - Minerals and Miining

Mineral Leasing Act

February 25, 1920 (Ch. 25, 41 Stat. 437; 30 U.S.C. 181, 201,

202, 202a, 203, 205 to 208, 208-1, 211 to 214, 223 to 226, 228,

229, 241, 251, 261 to 263, 183 to 187, 187a, 187b, 188 to 190,

182, 191 to 193, 209, 229a, 195, 226-2, 226-3, 181 note)

Lands subject to disposition; persons

entitled to benefits; reciprocal

privileges; helium rights reserved

Sec. 1 Deposits of coal, phosphate,

sodium, potassium, oil, oil shale, gilsonite

(including all vein-type solid hydrocarbons), or gas, and lands containing such

deposits owned by the United States,

including those in national forests, but

excluding lands acquired under the

Appalachian Forest Act, approved March

1, 1911 (36 Stat. 961), and those in

incorporated cities, towns, and villages

and in national parks and monuments,

those acquired under other Acts subsequent to February 25, 1920, and lands

within the naval petroleum and oil-shale

reserves, except as hereinafter provided,

shall be subject to disposition in the form

and manner provided by this chapter to

citizens of the United States, or to

associations of such citizens, or to any

corporation organized under the laws of

the United States, or of any State or

Territory thereof, or in the case of coal,

oil, oil shale, or gas, to municipalities.

Citizens of another country, the laws,

customs, or regulations of which deny

similar or like privileges to citizens or

corporations of this country, shall not by

stock ownership, stock holding, or stock

control, own any interest in any lease

acquired under the provisions of this

chapter.

The term “oil” shall embrace all nongaseous hydrocarbon substances other than

those substances leasable as coal, oil

shale, or gilsonite (including all vein-type

solid hydrocarbons).

The term “combined hydrocarbon lease”

shall refer to a lease issued in a special

tar sand area pursuant to section 226 of

this title after November 16, 1981.

The term “special tar sand area” means

(1) an area designated by the Secretary

of the Interior’s orders of November 20,

1980 (45 FR 76800-76801) and January

21, 1981 (46 FR 6077-6078) as containing

substantial deposits of tar sand.

The United States reserves the ownership of and the right to extract helium

from all gas produced from lands leased

or otherwise granted under the provisions

of this chapter, under such rules and

regulations as shall be prescribed by the

Secretary of the Interior: Provided

further, That in the extraction of helium

from gas produced from such lands it

shall be so extracted as to cause no

substantial delay in the delivery of gas

produced from the well to the purchaser

thereof. (30 U.S.C. 181)
National Forest System Resource Management - Minerals and Mining 153

Leases and exploration

Sec. 2 (a) Division into tracts; bidding

and award; negotiated sales on exercise

of right-of-way permits; leases to public

agencies; fair market value of leases;

leases in National Forests; comprehensive land-use plans; notice of proposed

lease offering

(1) The Secretary of the Interior is

authorized to divide any lands subject to

this chapter which have been classified

for coal leasing into leasing tracts of

such size as he finds appropriate and in

the public interest and which will permit

the mining of all coal which can be

economically extracted in such tract and

thereafter he shall, in his discretion,

upon the request of any qualified

applicant or on his own motion, from

time to time, offer such lands for leasing

and shall award leases thereon by

competitive bidding: Provided, That

notwithstanding the competitive bidding

requirement of this section, the Secretary may, subject to such conditions

which he deems appropriate, negotiate

the sale at fair market value of coal the

removal of which is necessary and

incidental to the exercise of a right-ofway permit issued pursuant to title V of

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et

seq.). No less than 50 per centum of the

total acreage offered for lease by the

Secretary in any one year shall be

leased under a system of deferred

bonus payment. Upon default or cancellation of any coal lease for which bonus

payments are due, any unpaid remainder of the bid shall be immediately

payable to the United States. A reasonable number of leasing tracts shall be

reserved and offered for lease in

accordance with this section to public

bodies, including Federal agencies, rural

electric cooperatives, or nonprofit

corporations controlled by any of such

entities: Provided, That the coal so

offered for lease shall be for use by

such entity or entities in implementing a

definite plan to produce energy for their

own use or for sale to their members or

customers (except for short-term sales

to others). No bid shall be accepted

which is less than the fair market value,

as determined by the Secretary, of the

coal subject to the lease. Prior to his

determination of the fair market value

of the coal subject to the lease, the

Secretary shall give opportunity for and

consideration to public comments on the

fair market value. Nothing in this

section shall be construed to require the

Secretary to make public his judgment

as to the fair market value of the coal to

be leased, or the comments he receives

thereon prior to the issuance of the

lease. He is authorized, in awarding

leases for coal lands improved and

occupied or claimed in good faith, prior

to February 25, 1920, to consider and

recognize equitable rights of such

occupants or claimants.

(2)(A) The Secretary shall not issue a

lease or leases under the terms of this

chapter to any person, association,

corporation, or any subsidiary, affiliate,

or persons controlled by or under

common control with such person,

association, or corporation, where any
154 National Forest System Resource Management - Minerals and Miining

such entity holds a lease or leases

issued by the United States to coal

deposits and has held such lease or

leases for a period of ten years when

such entity is not, except as provided

for in section 207(b) of this title,

producing coal from the lease deposits

in commercial quantities. In computing

the ten-year period referred to in the

preceding sentence, periods of time

prior to August 4, 1976, shall not be

counted.

(B) Any lease proposal which permits

surface coal mining within the boundaries of a National Forest which the

Secretary proposes to issue under this

chapter shall be submitted to the

Governor of each State within which

the coal deposits subject to such lease

are located. No such lease may be

issued under this chapter before the

expiration of the sixty-day period

beginning on the date of such submission. If any Governor to whom a

proposed lease was submitted under

this subparagraph objects to the

issuance of such lease, such lease

shall not be issued before the expiration of the six-month period beginning

on the date the Secretary is notified by

the Governor of such objection.

During such six-month period, the

Governor may submit to the Secretary

a statement of reasons why such lease

should not be issued and the Secretary

shall, on the basis of such statement,

reconsider the issuance of such lease.

(3)(A)(i) No lease sale shall be held

unless the lands containing the coal

deposits have been included in a

comprehensive land-use plan and

such sale is compatible with such

plan. The Secretary of the Interior

shall prepare such land-use plans on

lands under his responsibility where

such plans have not been previously

prepared. The Secretary of the

Interior shall inform the Secretary of

Agriculture of substantial development interest in coal leasing on lands

within the National Forest System.

Upon receipt of such notification

from the Secretary of the Interior,

the Secretary of Agriculture shall

prepare a comprehensive land-use

plan for such areas where such

plans have not been previously

prepared. The plan of the Secretary

of Agriculture shall take into consideration the proposed coal development in these lands: Provided, That

where the Secretary of the Interior

finds that because of non-Federal

interest in the surface or because the

coal resources are insufficient to

justify the preparation costs of a

Federal comprehensive land-use

plan, the lease sale can be held if the

lands containing the coal deposits

have been included in either a

comprehensive land-use plan prepared by the State within which the

lands are located or a land use

analysis prepared by the Secretary

of the Interior.

(ii) In preparing such land-use plans,

the Secretary of the Interior or, in

the case of lands within the National

Forest System, the Secretary of

Agriculture, or in the case of a
National Forest System Resource Management - Minerals and Mining 155

finding by the Secretary of the

Interior that because of non-Federal

interests in the surface or insufficient

Federal coal, no Federal comprehensive land-use plans can be appropriately prepared, the responsible State

entity shall consult with appropriate

State agencies and local governments and the general public and

shall provide an opportunity for

public hearing on proposed plans

prior to their adoption, if requested

by any person having an interest

which is, or may be, adversely

affected by the adoption of such

plans.

(iii) Leases covering lands the

surface of which is under the

jurisdiction of any Federal agency

other than the Department of the

Interior may be issued only upon

consent of the other Federal agency

and upon such conditions as it may

prescribe with respect to the use and

protection of the nonmineral interests

in those lands.

(B) Each land-use plan prepared by

the Secretary (or in the case of lands

within the National Forest System, the

Secretary of Agriculture pursuant to

subparagraph (A)(i)) shall include an

assessment of the amount of coal

deposits in such land, identifying the

amount of such coal which is recoverable by deep mining operations and the

amount of such coal which is recoverable by surface mining operations.

(C) Prior to issuance of any coal

lease, the Secretary shall consider

effects which mining of the proposed

lease might have on an impacted

community or area, including, but not

limited to, impacts on the environment,

on agricultural and other economic

activities, and on public services. Prior

to issuance of a lease, the Secretary

shall evaluate and compare the effects

of recovering coal by deep mining, by

surface mining, and by any other

method to determine which method or

methods or sequence of methods

achieves the maximum economic

recovery of the coal within the proposed leasing tract. This evaluation

and comparison by the Secretary shall

be in writing but shall not prohibit the

issuance of a lease; however, no

mining operating plan shall be approved which is not found to achieve

the maximum economic recovery of

the coal within the tract. Public

hearings in the area shall be held by

the Secretary prior to the lease sale.

(D) No lease sale shall be held until

after the notice of the proposed

offering for lease has been given once

a week for three consecutive weeks in

a newspaper of general circulation in

the county in which the lands are

situated in accordance with regulations

prescribed by the Secretary.

(E) Each coal lease shall contain

provisions requiring compliance with

the Federal Water Pollution Control

Act (33 U.S.C. 1151-1175) (33 U.S.C.

1251 et seq.) and the Clean Air Act

(42 U.S.C. 7401 et seq.).
156 National Forest System Resource Management - Minerals and Miining

(b) Exploration licenses; term; rights and

conditions; violations

(1) The Secretary may, under such

regulations as he may prescribe, issue to

any person an exploration license. No

person may conduct coal exploration for

commercial purposes for any coal on

lands subject to this chapter without

such an exploration license. Each

exploration license shall be for a term of

not more than two years and shall be

subject to a reasonable fee. An exploration license shall confer no right to a

lease under this chapter. The issuance

of exploration licenses shall not preclude

the Secretary from issuing coal leases

at such times and locations and to such

persons as he deems appropriate. No

exploration license will be issued for any

land on which a coal lease has been

issued. A separate exploration license

will be required for exploration in each

State. An application for an exploration

license shall identify general areas and

probable methods of exploration. Each

exploration license shall contain such

reasonable conditions as the Secretary

may require, including conditions to

insure the protection of the environment,

and shall be subject to all applicable

Federal, State, and local laws and

regulations. Upon violation of any such

conditions or laws the Secretary may

revoke the exploration license.

(2) A licensee may not cause substantial

disturbance to the natural land surface.

He may not remove any coal for sale

but may remove a reasonable amount of

coal from the lands subject to this

chapter included under his license for

analysis and study. A licensee must

comply with all applicable rules and

regulations of the Federal agency

having jurisdiction over the surface of

the lands subject to this chapter. Exploration licenses covering lands the

surface of which is under the jurisdiction of any Federal agency other than

the Department of the Interior may be

issued only upon such conditions as it

may prescribe with respect to the use

and protection of the nonmineral

interests in those lands.

(3) The licensee shall furnish to the

Secretary copies of all data (including,

but not limited to, geological,

geophyscal, 1

 and core drilling analyses)

obtained during such exploration. The

Secretary shall maintain the confidentiality of all data so obtained until after

the areas involved have been leased or

until such time as he determines that

making the data available to the public

would not damage the competitive

position of the licensee, whichever

comes first.

(4) Any person who willfully conducts

coal exploration for commercial purposes on lands subject to this chapter

without an exploration license issued

hereunder shall be subject to a fine of

not more than $1,000 for each day of

violation. All data collected by said

person on any Federal lands as a result

of such violation shall be made immediately available to the Secretary, who

shall make the data available to the

public as soon as it is practicable. No

penalty under this subsection shall be

assessed unless such person is given
National Forest System Resource Management - Minerals and Mining 157

notice and opportunity for a hearing

with respect to such violation. (30

U.S.C. 201)

1

 So in original. Probably should be

“geophysical,”.

Common carriers; limitations of

lease or permit

Sec. 2(c) No company or corporation

operating a common-carrier railroad shall

be given or hold a permit or lease under

the provisions of this chapter for any coal

deposits except for its own use for

railroad purposes; and such limitations of

use shall be expressed in all permits and

leases issued to such companies or

corporations; and no such company or

corporation shall receive or hold under

permit or lease more than ten thousand

two hundred and forty acres in the

aggregate nor more than one permit or

lease for each two hundred miles of its

railroad lines served or to be served from

such coal deposits exclusive of spurs or

switches and exclusive of branch lines

built to connect the leased coal with the

railroad, and also exclusive of parts of the

railroad operated mainly by power

produced otherwise than by steam.

Nothing in this section and section 201 of

this title shall preclude such a railroad of

less than two hundred miles in length

from securing one permit or lease thereunder but no railroad shall hold a permit

or lease for lands in any State in which it

does not operate main or branch lines.

(30 U.S.C. 202)

Consolidation of coal leases into

logical mining unit

Sec. 2(d) (1) Approval by Secretary;

public hearing; definition

The Secretary, upon determining that

maximum economic recovery of the

coal deposit or deposits is served

thereby, may approve the consolidation

of coal leases into a logical mining unit.

Such consolidation may only take place

after a public hearing, if requested by

any person whose interest is or may be

adversely affected. A logical mining unit

is an area of land in which the coal

resources can be developed in an

efficient, economical, and orderly

manner as a unit with due regard to

conservation of coal reserves and other

resources. A logical mining unit may

consist of one or more Federal

leaseholds, and may include intervening

or adjacent lands in which the United

States does not own the coal resources,

but all the lands in a logical mining unit

must be under the effective control of a

single operator, be able to be developed

and operated as a single operation and

be contiguous.

(2) Mining plan; requirements

 After the Secretary has approved the

establishment of a logical mining unit,

any mining plan approved for that unit

must require such diligent development,

operation, and production that the

reserves of the entire unit will be mined

within a period established by the

Secretary which shall not be more than

forty years.

(3) Conditions for approval

In approving a logical mining unit, the

Secretary may provide, among other
158 National Forest System Resource Management - Minerals and Miining

things, that (i) diligent development,

continuous operation, and production on

any Federal lease or non-Federal land in

the logical mining unit shall be construed

as occurring on all Federal leases in that

logical mining unit, and (ii) the rentals

and royalties for all Federal leases in a

logical mining unit may be combined,

and advanced royalties paid for any

lease within a logical mining unit may be

credited against such combined royalties.

(4) Amendment to lease

The Secretary may amend the provisions of any lease included in a logical

mining unit so that mining under that

lease will be consistent with the requirements imposed on that logical mining

unit.

(5) Leases issued before date of

enactment of this Act

Leases issued before the date of

enactment of this Act may be included

with the consent of all lessees in such

logical mining unit, and, if so included,

shall be subject to the provisions of this

section.

(6) Lessee required to form unit

By regulation the Secretary may require

a lessee under this chapter to form a

logical mining unit, and may provide for

determination of participating acreage

within a unit.

(7) Required acreage

No logical mining unit shall be approved

by the Secretary if the total acreage

(both Federal and non-Federal) of the

unit would exceed twenty-five thousand

acres.

(8) Acreage limitations for coal leases

not waived

Nothing in this section shall be construed

to waive the acreage limitations for coal

leases contained in section 184(a) of this

title. (30 U.S.C. 202a)

Additional contiguous or cornering

lands allowed lessees; application of

production or mining plan

requirements and minimum royalty

provisions

Sec. 3 Any person, association, or

corporation holding a lease of coal lands

or coal deposits under the provisions of

this chapter may with the approval of the

Secretary of the Interior, upon a finding

by him that it would be in the interest of

the United States, secure modifications of

the original coal lease by including

additional coal lands or coal deposits

contiguous or cornering to those embraced in such lease, but in no event shall

the total area added by such modifications to an existing coal lease exceed one

hundred sixty acres, or add acreage

larger than that in the original lease. The

Secretary shall prescribe terms and

conditions which shall be consistent with

this chapter and applicable to all of the

acreage in such modified lease except

that nothing in this section shall require

the Secretary to apply the production or

mining plan requirements of sections

202a(2) and 207(c) of this title. The

minimum royalty provisions of section

207(a) of this title shall not apply to any
National Forest System Resource Management - Minerals and Mining 159

lands covered by this modified lease prior

to a modification until the term of the

original lease or extension thereof which

became effective prior to the effective

date of this Act has expired. (30 U.S.C.

203)

Consolidation of leases

Sec. 5 If, in the judgment of the Secretary of the Interior, the public interest will

be subserved thereby, lessees holding

under lease areas not exceeding the

maximum permitted under this chapter

may consolidate their leases through the

surrender of the original leases and the

inclusion of such areas in a new lease of

not to exceed two thousand five hundred

and sixty acres of contiguous lands. (30

U.S.C. 205)

Noncontiguous coal or phosphate

tracts in single lease

Sec. 6 Where coal or phosphate lands

aggregating two thousand five hundred

and sixty acres and subject to lease

hereunder do not exist as contiguous

areas, the Secretary of the Interior is

authorized, if, in his opinion, the interests

of the public and of the lessee will be

thereby subserved, to embrace in a single

lease noncontiguous tracts which can be

operated as a single mine or unit. (30

U.S.C. 206)

Conditions of lease

Sec. 7 (a) Term of lease; annual rentals;

royalties; readjustment of conditions

A coal lease shall be for a term of twenty

years and for so long thereafter as coal is

produced annually in commercial quantities from that lease. Any lease which is

not producing in commercial quantities at

the end of ten years shall be terminated.

The Secretary shall by regulation prescribe annual rentals on leases. A lease

shall require payment of a royalty in such

amount as the Secretary shall determine

of not less than 12 1/2 per centum of the

value of coal as defined by regulation,

except the Secretary may determine a

lesser amount in the case of coal recovered by underground mining operations.

The lease shall include such other terms

and conditions as the Secretary shall

determine. Such rentals and royalties and

other terms and conditions of the lease

will be subject to readjustment at the end

of its primary term of twenty years and

at the end of each ten-year period

thereafter if the lease is extended.

(b) Diligent development and continued

operation; suspension of condition on

payment of advance royalties

Each lease shall be subject to the conditions of diligent development and continued operation of the mine or mines,

except where operations under the lease

are interrupted by strikes, the elements,

or casualties not attributable to the

lessee. The Secretary of the Interior,

upon determining that the public interest

will be served thereby, may suspend the

condition of continued operation upon the

payment of advance royalties. Such

advance royalties shall be no less than

the production royalty which would

otherwise be paid and shall be computed

on a fixed reserve to production ratio

(determined by the Secretary). The
160 National Forest System Resource Management - Minerals and Miining

aggregate number of years during the

period of any lease for which advance

royalties may be accepted in lieu of the

condition of continued operation shall not

exceed ten. The amount of any production royalty paid for any year shall be

reduced (but not below 0) by the amount

of any advance royalties paid under such

lease to the extent that such advance

royalties have not been used to reduce

production royalties for a prior year. No

advance royalty paid during the initial

twenty-year term of a lease shall be used

to reduce a production royalty after the

twentieth year of a lease. The Secretary

may, upon six months’ notification to the

lessee cease to accept advance royalties

in lieu of the requirement of continued

operation. Nothing in this subsection shall

be construed to affect the requirement

contained in the second sentence of

subsection (a) of this section relating to

commencement of production at the end

of ten years.

(c) Operation and reclamation plan

Prior to taking any action on a leasehold

which might cause a significant disturbance of the environment, and not later

than three years after a lease is issued,

the lessee shall submit for the Secretary’s

approval an operation and reclamation

plan. The Secretary shall approve or

disapprove the plan or require that it be

modified. Where the land involved is

under the surface jurisdiction of another

Federal agency, that other agency must

consent to the terms of such approval.

(30 U.S.C. 207)

Permits to take coal for local

domestic needs without royalty

payments; corporation exclusion;

area to municipalities for household

use without profit

Sec. 8 In order to provide for the supply

of strictly local domestic needs for fuel,

the Secretary of the Interior may, under

such rules and regulations as he may

prescribe in advance, issue limited

licenses or permits to individuals or

associations of individuals to prospect for,

mine, and take for their use but not for

sale, coal from the public lands without

payment of royalty for the coal mined or

the land occupied, on such conditions not

inconsistent with this chapter as in his

opinion will safeguard the public interests.

This privilege shall not extend to any

corporations. In the case of municipal

corporations the Secretary of the Interior

may issue such limited license or permit,

for not to exceed three hundred and

twenty acres for a municipality of less

than one hundred thousand population,

and not to exceed one thousand two

hundred and eighty acres for a municipality of not less than one hundred thousand

and not more than one hundred and fifty

thousand population; and not to exceed

two thousand five hundred and sixty

acres for a municipality of one hundred

and fifty thousand population or more, the

land to be selected within the State

wherein the municipal applicant may be

located, upon condition that such municipal corporations will mine the coal therein

under proper conditions and dispose of

the same without profit to residents of

such municipality for household use:

Provided, That the acquisition or holding
National Forest System Resource Management - Minerals and Mining 161

of a lease under sections 181, 201, and

202 to 207 of this title shall be no bar to

the holding of such tract or operation of

such mine under said limited license. (30

U.S.C. 208)

Exploratory program for evaluation

of known recoverable coal resources

Sec. 8A (a) Authorization; purpose

The Secretary is authorized and directed

to conduct a comprehensive exploratory

program designed to obtain sufficient data

and information to evaluate the extent,

location, and potential for developing the

known recoverable coal resources within

the coal lands subject to this chapter. This

program shall be designed to obtain the

resource information necessary for

determining whether commercial quantities of coal are present and the geographical extent of the coal fields and for

estimating the amount of such coal which

is recoverable by deep mining operations

and the amount of such coal which is

recoverable by surface mining operations

in order to provide a basis for -

 (1) developing a comprehensive land

use plan pursuant to section 2;

(2) improving the information regarding

the value of public resources and

revenues which should be expected

from leasing;

(3) increasing competition among

producers of coal, or products derived

from the conversion of coal, by providing data and information to all potential

bidders equally and equitably;

(4) providing the public with information

on the nature of the coal deposits and

the associated stratum and the value of

the public resources being offered for

sale; and

(5) providing the basis for the assessment of the amount of coal deposits in

those lands subject to this chapter under

subparagraph (B) of section 201(a)(3)

of this title.

(b) Seismic, geophysical, geochemical or

stratigraphic drilling

The Secretary, through the United States

Geological Survey, is authorized to

conduct seismic, geophysical, geochemical, or stratigraphic drilling, or to contract

for or purchase the results of such

exploratory activities from commercial or

other sources which may be needed to

implement the provisions of this section.

(c) Exploratory drilling by party not under

contract to United States; confidentiality

of information prior to award of lease

Nothing in this section shall limit any

person from conducting exploratory

geophysical surveys including seismic,

geophysical, chemical surveys to the

extent permitted by section 201(b) of this

title. The information obtained from the

exploratory drilling carried out by a

person not under contract with the United

States Government for such drilling prior

to award of a lease shall be provided the

confidentiality pursuant to subsection (d)

of this section.

(d) Availability to public of all data,

information, maps, surveys; confidentiality of information purchased from commercial sources not under contract to

United States prior to award of lease
162 National Forest System Resource Management - Minerals and Miining

The Secretary shall make available to the

public by appropriate means all data,

information, maps, interpretations, and

surveys which are obtained directly by

the Department of the Interior or under a

service contract pursuant to subsection

(b) of this section. The Secretary shall

maintain a confidentiality of all proprietary data or information purchased from

commercial sources while not under

contract with the United States Government until after the areas involved have

been leased.

(e) Information or data from Federal

departments or agencies; confidentiality

of proprietary information or data;

utilization of Federal departments and

agencies by agreement

All Federal departments or agencies are

authorized and directed to provide the

Secretary with any information or data

that may be deemed necessary to assist

the Secretary in implementing the exploratory program pursuant to this section.

Proprietary information or data provided

to the Secretary under the provisions of

this subsection shall remain confidential

for such period of time as agreed to by

the head of the department or agency

from whom the information is requested.

In addition, the Secretary is authorized

and directed to utilize the existing capabilities and resources of other Federal

departments and agencies by appropriate

agreement.

(f) Publication of geological and geophysical maps and reports of lands

offered for lease

The Secretary is directed to prepare,

publish, and keep current a series of

detailed geological, and geophysical maps

of, and reports concerning, all coal lands

to be offered for leasing under this

chapter, based on data and information

compiled pursuant to this section. Such

maps and reports shall be prepared and

revised at reasonable intervals beginning

eighteen months after the date of enactment of this Act. Such maps and reports

shall be made available on a continuing

basis to any person on request.

(g) Implementation plan for coal lands

exploration program; development and

transmittal to Congress; contents

Within six months after the date of

enactment of this Act, the Secretary shall

develop and transmit to Congress an

implementation plan for the coal lands

exploration program authorized by this

section, including procedures for making

the data and information available to the

public pursuant to subsection (d) of this

section, and maps and reports pursuant to

subsection (f) of this section. The implementation plan shall include a projected

schedule of exploratory activities and

identification of the regions and areas

which will be explored under the coal

lands exploration program during the first

five years following the enactment of this

section. In addition, the implementation

plan shall include estimates of the appropriations and staffing required to implement the coal lands exploration program.

(h) Stratigraphic drilling; scope; statement

of results

The stratigraphic drilling authorized in

subsection (b) of this section shall be

carried out in such a manner as to obtain

information pertaining to all recoverable

reserves. For the purpose of complying

with subsection (a) of this section, the
National Forest System Resource Management - Minerals and Mining 163

Secretary shall require all those authorized to conduct stratigraphic drilling

pursuant to subsection (b) of this section

to supply a statement of the results of

test boring of core sampling including logs

of the drill holes; the thickness of the coal

seams found; an analysis of the chemical

properties of such coal; and an analysis

of the strata layers lying above all the

seams of coal. All drilling activities shall

be conducted using the best current

technology and practices. (30 U.S.C.

208-1)

Phosphate deposits

Sec. 9 (a) Authorization to lease land;

terms and conditions; acreage

The Secretary of the Interior is authorized to lease to any applicant qualified

under this chapter, through advertisement,

competitive bidding, or such other methods as he may by general regulations

adopt, any phosphate deposits of the

United States, and lands containing such

deposits, including associated and related

minerals, when in his judgment the public

interest will be best served thereby. The

lands shall be leased under such terms

and conditions as are herein specified, in

units reasonably compact in form of not

to exceed two thousand five hundred and

sixty acres.

(b) Prospecting permits; issuance; term;

acreage; entitlement to lease

Where prospecting or exploratory work is

necessary to determine the existence or

workability of phosphate deposits in any

unclaimed, undeveloped area, the Secretary of the Interior is authorized to issue,

to any applicant qualified under this

chapter, a prospecting permit which shall

give the exclusive right to prospect for

phosphate deposits, including associated

minerals, for a period of two years, for

not more than two thousand five hundred

and sixty acres; and if prior to the

expiration of the permit the permittee

shows to the Secretary that valuable

deposits of phosphate have been discovered within the area covered by his

permit, the permittee shall be entitled to a

lease for any or all of the land embraced

in the prospecting permit.

(c) Extension of term of permit

Any phosphate permit issued under this

section may be extended by the Secretary for such an additional period, not in

excess of four years, as he deems

advisable, if he finds that the permittee

has been unable, with reasonable diligence, to determine the existence or

workability of phosphate deposits in the

area covered by the permit and desires to

prosecute further prospecting or exploration, or for other reasons warranting such

an extension in the opinion of the Secretary. (30 U.S.C. 211)

Surveys; royalties; time payable;

annual rentals; term of leases;

readjustment on renewals; minimum

production; suspension of operation

Sec. 10 Each lease shall describe the

leased lands by the legal subdivisions of

the public-land surveys. All leases shall

be conditioned upon the payment to the

United States of such royalties as may be

specified in the lease, which shall be

fixed by the Secretary of the Interior in
164 National Forest System Resource Management - Minerals and Miining

advance of offering the same, at not less

than 5 per centum of the gross value of

the output of phosphates or phosphate

rock and associated or related minerals.

Royalties shall be due and payable as

specified in the lease either monthly or

quarterly on the last day of the month

next following the month or quarter in

which the minerals are sold or removed

from the leased land. Each lease shall

provide for the payment of a rental

payable at the date of the lease and

annually thereafter which shall be not

less than 25 cents per acre for the first

year, 50 cents per acre for the second

and third years, respectively, and $1 per

acre for each year thereafter, during the

continuance of the lease. The rental paid

for any year shall be credited against the

royalties for that year. Leases shall be for

a term of twenty years and so long

thereafter as the lessee complies with the

terms and conditions of the lease and

upon the further condition that at the end

of each twenty-year period succeeding

the date of the lease such reasonable

readjustment of the terms and conditions

thereof may be made therein as may be

prescribed by the Secretary of the

Interior unless otherwise provided by law

at the expiration of such periods. Leases

shall be conditioned upon a minimum

annual production or the payment of a

minimum royalty in lieu thereof, except

when production is interrupted by strikes,

the elements, or casualties not attributable to the lessee. The Secretary of the

Interior may permit suspension of operations under any such leases when marketing conditions are such that the leases

cannot be operated except at a loss. (30

U.S.C. 212)

Royalties for use of deposits of

silica, limestone, or other rock

embraced in lease

Sec. 11 Any lease to develop and extract

phosphates, phosphate rock, and associated or related minerals under the provisions of sections 211 to 214 of this title

shall provide that the lessee may use so

much of any deposit of silica or limestone

or other rock situated on any public lands

embraced in the lease as may be utilized

in the processing or refining of the

phosphates, phosphate rock, and associated or related minerals mined from the

leased lands or from other lands upon

payments of such royalty as may be

determined by the Secretary of the

Interior, which royalty may be stated in

the lease or, as to the leases already

issued, may be provided for in an attachment to the lease to be duly executed by

the lessor and the lessee. (30 U.S.C.

213)

Use of surface of other public lands;

acreage; forest lands exception

Sec. 12 The holder of any lease or

permit issued under the provisions of

sections 211 to 214 of this title shall have

the right to use so much of the surface of

unappropriated and unentered public

lands not a part of his lease or permit, not

exceeding eighty acres in area, as may

be determined by the Secretary to be

necessary or convenient for the extraction, treatment, and removal of the

mineral deposits, but this provision shall
National Forest System Resource Management - Minerals and Mining 165

not be applicable to national forest lands.

(30 U.S.C. 214)

Sec. 13 Eliminated

Leases; amount and survey of land;

term of lease; royalties and annual

rental

Sec. 14 Upon establishing to the satisfaction of the Secretary of the Interior that

valuable deposits of oil or gas have been

discovered within the limits of the land

embraced in any permit, the permittee

shall be entitled to a lease for one-fourth

of the land embraced in the prospecting

permit: Provided, That the permittee shall

be granted a lease for as much as one

hundred and sixty acres of said lands, if

there be that number of acres within the

permit. The area to be selected by the

permittee, shall be in reasonably compact

form and, if surveyed, to be described by

the legal subdivisions of the public-land

surveys; if unsurveyed, to be surveyed by

the Government at the expense of the

applicant for lease in accordance with

rules and regulations to be prescribed by

the Secretary of the Interior, and the

lands leased shall be conformed to and

taken in accordance with the legal

subdivisions of such surveys; deposits

made to cover expense of surveys shall

be deemed appropriated for that purpose,

and any excess deposits may be repaid to

the person or persons making such

deposit or their legal representatives.

Such leases shall be for a term of twenty

years upon a royalty of 5 per centum in

amount or value of the production and the

annual payment in advance of a rental of

$1 per acre, the rental paid for any one

year to be credited against the royalties

as they accrue for that year, and shall

continue in force otherwise as prescribed

in section 226 of this title for leases

issued prior to August 21, 1935. The

permittee shall also be entitled to a

preference right to a lease for the

remainder of the land in his prospecting

permit at a royalty of not less than 12 1/2

per centum in amount or value of the

production nor more than the royalty rate

prescribed by regulation in force on

January 1, 1935, for secondary leases

issued under this section, and under such

other conditions as are fixed for oil or gas

leases issued under section 226 of this

title the royalty to be determined by

competitive bidding or fixed by such other

method as the Secretary may by regulations prescribe: Provided further, That the

Secretary shall have the right to reject

any or all bids. (30 U.S.C. 223)

Payments for oil or gas taken prior

to application for lease

Sec. 15 Until the permittee shall apply

for lease to the one quarter of the permit

area heretofore provided for he shall pay

to the United States 20 per centum of the

gross value of all oil or gas secured by

him from the lands embraced within his

permit and sold or otherwise disposed of

or held by him for sale or other disposition. (30 U.S.C. 224)

Condition of lease, forfeiture for

violation

Sec. 16 All leases of lands containing oil

or gas, made or issued under the provisions of this chapter, shall be subject to
166 National Forest System Resource Management - Minerals and Miining

the condition that the lessee will, in

conducting his explorations and mining

operations, use all reasonable precautions

to prevent waste of oil or gas developed

in the land, or the entrance of water

through wells drilled by him to the oil

sands or oil-bearing strata, to the destruction or injury of the oil deposits. Violations

of the provisions of this section shall

constitute grounds for the forfeiture of

the lease, to be enforced as provided in

this chapter. (30 U.S.C. 225)

Lease of oil and gas lands

Sec. 17 (a) Authority of Secretary

All lands subject to disposition under this

chapter which are known or believed to

contain oil or gas deposits may be leased

by the Secretary.

(b) Lands within known geologic structure of a producing oil or gas field; lands

within special tar sand areas; competitive

bidding; royalties

(1)(A) All lands to be leased which

are not subject to leasing under

paragraphs (2) and (3) of this subsection shall be leased as provided in this

paragraph to the highest responsible

qualified bidder by competitive bidding

under general regulations in units of

not more than 2,560 acres, except in

Alaska, where units shall be not more

than 5,760 acres. Such units shall be

as nearly compact as possible. Lease

sales shall be conducted by oral

bidding. Lease sales shall be held for

each State where eligible lands are

available at least quarterly and more

frequently if the Secretary of the

Interior determines such sales are

necessary. A lease shall be conditioned

upon the payment of a royalty at a

rate of not less than 12.5 percent in

amount or value of the production

removed or sold from the lease. The

Secretary shall accept the highest bid

from a responsible qualified bidder

which is equal to or greater than the

national minimum acceptable bid,

without evaluation of the value of the

lands proposed for lease. Leases shall

be issued within 60 days following

payment by the successful bidder of

the remainder of the bonus bid, if any,

and the annual rental for the first lease

year. All bids for less than the national

minimum acceptable bid shall be

rejected. Lands for which no bids are

received or for which the highest bid is

less than the national minimum acceptable bid shall be offered promptly

within 30 days for leasing under

subsection (c) of this section and shall

remain available for leasing for a

period of 2 years after the competitive

lease sale.

(B) The national minimum acceptable

bid shall be $2 per acre for a period of

2 years from December 22, 1987.

Thereafter, the Secretary may establish by regulation a higher national

minimum acceptable bid for all leases

based upon a finding that such action

is necessary: (i) to enhance financial

returns to the United States; and (ii) to

promote more efficient management

of oil and gas resources on Federal

lands. Ninety days before the Secretary makes any change in the national
National Forest System Resource Management - Minerals and Mining 167

minimum acceptable bid, the Secretary

shall notify the Committee on Natural

Resources of the United States House

of Representatives and the Committee

on Energy and Natural Resources of

the United States Senate. The proposal or promulgation of any regulation

to establish a national minimum

acceptable bid shall not be considered

a major Federal action subject to the

requirements of section 4332(2)(C) of

title 42.

(2) If the lands to be leased are within a

special tar sand area, they shall be

leased to the highest responsible qualified bidder by competitive bidding under

general regulations in units of not more

than five thousand one hundred and

twenty acres, which shall be as nearly

compact as possible, upon the payment

by the lessee of such bonus as may be

accepted by the Secretary. Royalty shall

be 12 1/2 per centum in amount or value

of production removed or sold from the

lease, subject to subsection (k)(1)(c) 2

of this section. The Secretary may lease

such additional lands in special tar sand

areas as may be required in support of

any operations necessary for the

recovery of tar sands.

(3)(A) If the United States held a

vested future interest in a mineral

estate that, immediately prior to

becoming a vested present interest,

was subject to a lease under which oil

or gas was being produced, or had a

well capable of producing, in paying

quantities at an annual average

production volume per well per day of

either not more than 15 barrels per

day of oil or condensate, or not more

than 60,000 cubic feet of gas, the

holder of the lease may elect to

continue the lease as a noncompetitive

lease under subsection (c)(1) of this

section.

(B) An election under this paragraph is

effective -

(i) in the case of an interest which

vested after January 1, 1990, and on

or before October 24, 1992, if the

election is made before the date that

is 1 year after October 24, 1992;

(ii) in the case of an interest which

vests within 1 year after October 24,

1992, if the election is made before

the date that is 2 years after October

24, 1992; and

(iii) in any case other than those

described in clause (i) or (ii), if the

election is made prior to the interest

becoming a vested present interest.

(C) Notwithstanding the consent

requirement referenced in section 352

of this title, the Secretary shall issue a

noncompetitive lease under subsection

(c)(1) of this section to a holder who

makes an election under subparagraph

(A) and who is qualified to hold a

lease under this chapter. Such lease

shall be subject to all terms and

conditions under this chapter that are

applicable to leases issued under

subsection (c)(1) of this section.

(D) A lease issued pursuant to this

paragraph shall continue so long as oil

or gas continues to be produced in

paying quantities.
168 National Forest System Resource Management - Minerals and Miining

(E) This paragraph shall apply only to

those lands under the administration of

the Secretary of Agriculture where the

United States acquired an interest in

such lands pursuant to the Act of

March 1, 1911 (36 Stat. 961 and

following).

(c) Lands subject to leasing under

subsection (b); first qualified applicant

(1) If the lands to be leased are not

leased under subsection (b)(1) of this

section or are not subject to competitive

leasing under subsection (b)(2) of this

section, the person first making application for the lease who is qualified to hold

a lease under this chapter shall be

entitled to a lease of such lands without

competitive bidding, upon payment of a

non-refundable application fee of at

least $75. A lease under this subsection

shall be conditioned upon the payment

of a royalty at a rate of 12.5 percent in

amount or value of the production

removed or sold from the lease. Leases

shall be issued within 60 days of the

date on which the Secretary identifies

the first responsible qualified applicant.

(2)(A) Lands (i) which were posted

for sale under subsection (b)(1) of this

section but for which no bids were

received or for which the highest bid

was less than the national minimum

acceptable bid and (ii) for which, at

the end of the period referred to in

subsection (b)(1) of this section no

lease has been issued and no lease

application is pending under paragraph

(1) of this subsection, shall again be

available for leasing only in accordance with subsection (b)(1) of this

section.

(B) The land in any lease which is

issued under paragraph (1) of this

subsection or under subsection (b)(1)

of this section which lease terminates,

expires, is cancelled or is relinquished

shall again be available for leasing only

in accordance with subsection (b)(1)

of this section.

(d) Annual rentals

All leases issued under this section, as

amended by the Federal Onshore Oil and

Gas Leasing Reform Act of 1987, shall

be conditioned upon payment by the

lessee of a rental of not less than $1.50

per acre per year for the first through

fifth years of the lease and not less than

$2 per acre per year for each year

thereafter. A minimum royalty in lieu of

rental of not less than the rental which

otherwise would be required for that

lease year shall be payable at the expiration of each lease year beginning on or

after a discovery of oil or gas in paying

quantities on the lands leased.

(e) Primary terms

Competitive and noncompetitive leases

issued under this section shall be for a

primary term of 10 years: Provided,

however, That competitive leases issued

in special tar sand areas shall also be for

a primary term of ten years. Each such

lease shall continue so long after its

primary term as oil or gas is produced in

paying quantities. Any lease issued under

this section for land on which, or for

which under an approved cooperative or

unit plan of development or operation,
National Forest System Resource Management - Minerals and Mining 169

actual drilling operations were commenced prior to the end of its primary

term and are being diligently prosecuted

at that time shall be extended for two

years and so long thereafter as oil or gas

is produced in paying quantities.

(f) Notice of proposed action; posting of

notice; terms and maps

At least 45 days before offering lands for

lease under this section, and at least 30

days before approving applications for

permits to drill under the provisions of a

lease or substantially modifying the terms

of any lease issued under this section, the

Secretary shall provide notice of the

proposed action. Such notice shall be

posted in the appropriate local office of

the leasing and land management agencies. Such notice shall include the terms

or modified lease terms and maps or a

narrative description of the affected

lands. Where the inclusion of maps in

such notice is not practicable, maps of

the affected lands shall be made available

to the public for review. Such maps shall

show the location of all tracts to be

leased, and of all leases already issued in

the general area. The requirements of

this subsection are in addition to any

public notice required by other law.

(g) Regulation of surface-disturbing

activities; approval of plan of operations;

bond or surety; failure to comply with

reclamation requirements as barring

lease; opportunity to comply with requirements

The Secretary of the Interior, or for

National Forest lands, the Secretary of

Agriculture, shall regulate all surfacedisturbing activities conducted pursuant to

any lease issued under this chapter, and

shall determine reclamation and other

actions as required in the interest of

conservation of surface resources. No

permit to drill on an oil and gas lease

issued under this chapter may be granted

without the analysis and approval by the

Secretary concerned of a plan of operations covering proposed surface-disturbing activities within the lease area. The

Secretary concerned shall, by rule or

regulation, establish such standards as

may be necessary to ensure that an

adequate bond, surety, or other financial

arrangement will be established prior to

the commencement of surface-disturbing

activities on any lease, to ensure the

complete and timely reclamation of the

lease tract, and the restoration of any

lands or surface waters adversely

affected by lease operations after the

abandonment or cessation of oil and gas

operations on the lease. The Secretary

shall not issue a lease or leases or

approve the assignment of any lease or

leases under the terms of this section to

any person, association, corporation, or

any subsidiary, affiliate, or person controlled by or under common control with

such person, association, or corporation,

during any period in which, as determined

by the Secretary of the Interior or

Secretary of Agriculture, such entity has

failed or refused to comply in any material respect with the reclamation requirements and other standards established

under this section for any prior lease to

which such requirements and standards

applied. Prior to making such determination with respect to any such entity the
170 National Forest System Resource Management - Minerals and Miining

concerned Secretary shall provide such

entity with adequate notification and an

opportunity to comply with such reclamation requirements and other standards

and shall consider whether any administrative or judicial appeal is pending. Once

the entity has complied with the reclamation requirement or other standard

concerned an oil or gas lease may be

issued to such entity under this chapter.

(h) National Forest System Lands

The Secretary of the Interior may not

issue any lease on National Forest

System Lands reserved from the public

domain over the objection of the Secretary of Agriculture.

(i) Termination

No lease issued under this section which

is subject to termination because of

cessation of production shall be terminated for this cause so long as reworking

or drilling operations which were commenced on the land prior to or within

sixty days after cessation of production

are conducted thereon with reasonable

diligence, or so long as oil or gas is

produced in paying quantities as a result

of such operations. No lease issued under

this section shall expire because operations or production is suspended under

any order, or with the consent, of the

Secretary. No lease issued under this

section covering lands on which there is a

well capable of producing oil or gas in

paying quantities shall expire because the

lessee fails to produce the same unless

the lessee is allowed a reasonable time,

which shall be not less than sixty days

after notice by registered or certified

mail, within which to place such well in

producing status or unless, after such

status is established, production is discontinued on the leased premises without

permission granted by the Secretary

under the provisions of this chapter.

(j) Drainage agreements; primary term of

lease, extension

Whenever it appears to the Secretary

that lands owned by the United States

are being drained of oil or gas by wells

drilled on adjacent lands, he may negotiate agreements whereby the United

States, or the United States and its

lessees, shall be compensated for such

drainage. Such agreements shall be made

with the consent of the lessees, if any,

affected thereby. If such agreement is

entered into, the primary term of any

lease for which compensatory royalty is

being paid, or any extension of such

primary term, shall be extended for the

period during which such compensatory

royalty is paid and for a period of one

year from discontinuance of such payment and so long thereafter as oil or gas

is produced in paying quantities.

(k) Mining claims; suspension of running

time of lease

If, during the primary term or any extended term of any lease issued under

this section, a verified statement is filed

by any mining claimant pursuant to

subsection (c) of section 527 of this title,

whether such filing occur prior to September 2, 1960 or thereafter, asserting

the existence of a conflicting unpatented

mining claim or claims upon which

diligent work is being prosecuted as to
National Forest System Resource Management - Minerals and Mining 171

any lands covered by the lease, the

running of time under such lease shall be

suspended as to the lands involved from

the first day of the month following the

filing of such verified statement until a

final decision is rendered in the matter.

(l) Exchange of leases; conditions

The Secretary of the Interior shall, upon

timely application therefor, issue a new

lease in exchange for any lease issued

for a term of twenty years, or any

renewal thereof, or any lease issued prior

to August 8, 1946, in exchange for a

twenty-year lease, such new lease to be

for a primary term of five years and so

long thereafter as oil or gas is produced

in paying quantities and at a royalty rate

of not less than 12 1/2 per centum in

amount or value of the production removed or sold from such leases, except

that the royalty rate shall be 12 1/2 per

centum in amount or value of the production removed or sold from said leases as

to (1) such leases, or such parts of the

lands subject thereto and the deposits

underlying the same, as are not believed

to be within the productive limits of any

producing oil or gas deposit, as such

productive limits are found by the Secretary to have existed on August 8, 1946;

and (2) any production on a lease from

an oil or gas deposit which was discovered after May 27, 1941, by a well or

wells drilled within the boundaries of the

lease, and which is determined by the

Secretary to be a new deposit; and (3)

any production on or allocated to a lease

pursuant to an approved cooperative or

unit plan of development or operation

from an oil or gas deposit which was

discovered after May 27, 1941, on land

committed to such plan, and which is

determined by the Secretary to be a new

deposit, where such lease, or a lease for

which it is exchanged, was included in

such plan at the time of discovery or was

included in a duly executed and filed

application for the approval of such plan

at the time of discovery.

(m) Cooperative or unit plan; authority of

Secretary of the Interior to alter or

modify; communitization or drilling

agreements; term of lease, conditions;

Secretary to approve operating, drilling or

development contracts, and subsurface

storage

For the purpose of more properly conserving the natural resources of any oil or

gas pool, field, or like area, or any part

thereof (whether or not any part of said

oil or gas pool, field, or like area, is then

subject to any cooperative or unit plan of

development or operation), lessees

thereof and their representatives may

unite with each other, or jointly or separately with others, in collectively adopting

and operating under a cooperative or unit

plan of development or operation of such

pool, field, or like area, or any part

thereof, whenever determined and

certified by the Secretary of the Interior

to be necessary or advisable in the public

interest. The Secretary is thereunto

authorized, in his discretion, with the

consent of the holders of leases involved,

to establish, alter, change, or revoke

drilling, producing, rental, minimum

royalty, and royalty requirements of such

leases and to make such regulations with

reference to such leases, with like
172 National Forest System Resource Management - Minerals and Miining

consent on the part of the lessees, in

connection with the institution and

operation of any such cooperative or unit

plan as he may deem necessary or

proper to secure the proper protection of

the public interest. The Secretary may

provide that oil and gas leases hereafter

issued under this chapter shall contain a

provision requiring the lessee to operate

under such a reasonable cooperative or

unit plan, and he may prescribe such a

plan under which such lessee shall

operate, which shall adequately protect

the rights of all parties in interest, including the United States.

Any plan authorized by the preceding

paragraph which includes lands owned by

the United States may, in the discretion of

the Secretary, contain a provision

whereby authority is vested in the Secretary of the Interior, or any such person,

committee, or State or Federal officer or

agency as may be designated in the plan,

to alter or modify from time to time the

rate of prospecting and development and

the quantity and rate of production under

such plan. All leases operated under any

such plan approved or prescribed by the

Secretary shall be excepted in determining holdings or control under the provisions of any section of this chapter.

When separate tracts cannot be independently developed and operated in conformity with an established well-spacing or

development program, any lease, or a

portion thereof, may be pooled with other

lands, whether or not owned by the

United States, under a communitization or

drilling agreement providing for an

apportionment of production or royalties

among the separate tracts of land comprising the drilling or spacing unit when

determined by the Secretary of the

Interior to be in the public interest, and

operations or production pursuant to such

an agreement shall be deemed to be

operations or production as to each such

lease committed thereto.

Any lease issued for a term of twenty

years, or any renewal thereof, or any

portion of such lease that has become the

subject of a cooperative or unit plan of

development or operation of a pool, field,

or like area, which plan has the approval

of the Secretary of the Interior, shall

continue in force until the termination of

such plan. Any other lease issued under

any section of this chapter which has

heretofore or may hereafter be committed to any such plan that contains a

general provision for allocation of oil or

gas shall continue in force and effect as

to the land committed so long as the lease

remains subject to the plan: Provided,

That production is had in paying quantities

under the plan prior to the expiration date

of the term of such lease. Any lease

heretofore or hereafter committed to any

such plan embracing lands that are in part

within and in part outside of the area

covered by any such plan shall be segregated into separate leases as to the lands

committed and the lands not committed

as of the effective date of unitization:

Provided, however, That any such lease

as to the nonunitized portion shall continue in force and effect for the term

thereof but for not less than two years

from the date of such segregation and so

long thereafter as oil or gas is produced
National Forest System Resource Management - Minerals and Mining 173

in paying quantities. The minimum royalty

or discovery rental under any lease that

has become subject to any cooperative or

unit plan of development or operation, or

other plan that contains a general provision for allocation of oil or gas, shall be

payable only with respect to the lands

subject to such lease to which oil or gas

shall be allocated under such plan. Any

lease which shall be eliminated from any

such approved or prescribed plan, or

from any communitization or drilling

agreement authorized by this section, and

any lease which shall be in effect at the

termination of any such approved or

prescribed plan, or at the termination of

any such communitization or drilling

agreement, unless relinquished, shall

continue in effect for the original term

thereof, but for not less than two years,

and so long thereafter as oil or gas is

produced in paying quantities.

The Secretary of the Interior is hereby

authorized, on such conditions as he may

prescribe, to approve operating, drilling,

or development contracts made by one or

more lessees of oil or gas leases, with

one or more persons, associations, or

corporations whenever, in his discretion,

the conservation of natural products or

the public convenience or necessity may

require it or the interests of the United

States may be best subserved thereby.

All leases operated under such approved

operating, drilling, or development contracts, and interests thereunder, shall be

excepted in determining holdings or

control under the provisions of this

chapter.

The Secretary of the Interior, to avoid

waste or to promote conservation of

natural resources, may authorize the

subsurface storage of oil or gas, whether

or not produced from federally owned

lands, in lands leased or subject to lease

under this chapter. Such authorization

may provide for the payment of a storage

fee or rental on such stored oil or gas or,

in lieu of such fee or rental, for a royalty

other than that prescribed in the lease

when such stored oil or gas is produced

in conjunction with oil or gas not previously produced. Any lease on which

storage is so authorized shall be extended

at least for the period of storage and so

long thereafter as oil or gas not previously produced is produced in paying

quantities.

(n) Conversion of oil and gas leases and

claims on hydrocarbon resources to

combined hydrocarbon leases for primary

term of 10 years; application

(1)(A) The owner of (1) an oil and gas

lease issued prior to November 16,

1981, or (2) a valid claim to any

hydrocarbon resources leasable under

this section based on a mineral location made prior to January 21, 1926,

and located within a special tar sand

area shall be entitled to convert such

lease or claim to a combined hydrocarbon lease for a primary term of ten

years upon the filing of an application

within two years from November 16,

1981, containing an acceptable plan of

operations which assures reasonable

protection of the environment and

diligent development of those resources requiring enhanced recovery
174 National Forest System Resource Management - Minerals and Miining

methods of development or mining.

For purposes of conversion, no claim

shall be deemed invalid solely because

it was located as a placer location

rather than a lode location or vice

versa, notwithstanding any previous

adjudication on that issue.

(B) The Secretary shall issue final

regulations to implement this section

within six months of November 16,

1981. If any oil and gas lease eligible

for conversion under this section

would otherwise expire after November 16, 1981, and before six months

following the issuance of implementing

regulations, the lessee may preserve

his conversion right under such lease

for a period ending six months after

the issuance of implementing regulations by filing with the Secretary,

before the expiration of the lease, a

notice of intent to file an application

for conversion. Upon submission of a

complete plan of operations in substantial compliance with the regulations promulgated by the Secretary for

the filing of such plans, the Secretary

shall suspend the running of the term

of any oil and gas lease proposed for

conversion until the plan is finally

approved or disapproved. The Secretary shall act upon a proposed plan of

operations within fifteen months of its

submittal.

(C) When an existing oil and gas lease is

converted to a combined hydrocarbon

lease, the royalty shall be that provided

for in the original oil and gas lease and

for a converted mining claim, 12 1/2 per

centum in amount or value of production

removed or sold from the lease.

(2) Except as provided in this section,

nothing in the Combined Hydrocarbon

Leasing Act of 1981 shall be construed

to diminish or increase the rights of any

lessee under any oil and gas lease

issued prior to November 16, 1981.

(o) Certain outstanding oil and gas

deposits

(1) Prior to the commencement of

surface-disturbing activities relating to

the development of oil and gas deposits

on lands described under paragraph (5),

the Secretary of Agriculture shall

require, pursuant to regulations promulgated by the Secretary, that such

activities be subject to terms and

conditions as provided under paragraph

(2).

(2) The terms and conditions referred to

in paragraph (1) shall require that

reasonable advance notice be furnished

to the Secretary of Agriculture at least

60 days prior to the commencement of

surface disturbing activities.

(3) Advance notice under paragraph (2)

shall include each of the following items

of information: (A) A designated field

representative.

(B) A map showing the location and

dimensions of all improvements,

including but not limited to, well sites

and road and pipeline accesses.

(C) A plan of operations, of an interim

character if necessary, setting forth a

schedule for construction and drilling.
National Forest System Resource Management - Minerals and Mining 175

(D) A plan of erosion and sedimentation control.

(E) Proof of ownership of mineral

title. Nothing in this subsection shall be

construed to affect any authority of

the State in which the lands concerned

are located to impose any requirements with respect to such oil and gas

operations.

(4) The person proposing to develop oil

and gas deposits on lands described

under paragraph (5) shall either - (A)

permit the Secretary to market merchantable timber owned by the United

States on lands subject to such activities; or

(B) arrange to purchase merchantable

timber on lands subject to such

surface disturbing activities from the

Secretary of Agriculture, or otherwise

arrange for the disposition of such

merchantable timber, upon such terms

and upon such advance notice of the

items referred to in subparagraphs (A)

through (E) of paragraph (3) as the

Secretary may accept.

(5)(A) The lands referred to in this

subsection are those lands referenced

in subparagraph (B) which are under

the administration of the Secretary of

Agriculture where the United States

acquired an interest in such lands

pursuant to the Act of March 1, 1911

(36 Stat. 961 and following), but does

not have an interest in oil and gas

deposits that may be present under

such lands. This subsection does not

apply to any such lands where, under

the provisions of its acquisition of an

interest in the lands, the United States

is to acquire any oil and gas deposits

that may be present under such lands

in the future but such interest has not

yet vested with the United States.

(B) This subsection shall only apply in

the Allegheny National Forest. (30

U.S.C. 226)

2

 So in original. Probably should be

subsection “(k)(1)(C)”.

Prospecting permits and leases to

persons of lands not withdrawn;

terms and conditions of; fraud of

claimants

Sec. 19 Any person who on October 1,

1919, was a bona fide occupant or

claimant of oil or gas lands under a claim

initiated while such lands were not

withdrawn from oil or gas location and

entry, and who had previously performed

all acts under then existing laws necessary to valid locations thereof except to

make discovery, and upon which discovery had not been made prior to February

25, 1920, and who has performed work

or expended on or for the benefit of such

locations an amount equal in the aggregate of $250 for each location if application therefor shall be made within six

months from February 25, 1920, shall be

entitled to prospecting permits thereon

upon the same terms and conditions, and

limitations as to acreage, as other permits

provided for in this chapter, or where any

such person has made such discovery,

prior to said February 25, 1920, he shall

be entitled to a lease thereon under such

terms as the Secretary of the Interior
176 National Forest System Resource Management - Minerals and Miining

may prescribe unless otherwise provided

for in section 227 [omitted] of this title:

Provided, That where such prospecting

permit is granted upon land within any

known geologic structure of a producing

oil or gas field, the royalty to be fixed in

any lease thereafter granted thereon or

any portion thereof shall be not less than

12 1/2 per-centum of all the oil or gas

produced except oil or gas used for

production purposes on the claim, or

unavoidably lost: Provided, however, That

the provisions of this section shall not

apply to lands reserved for the use of the

Navy. No claimant for a permit or lease

who has been guilty of any fraud or who

had knowledge or reasonable grounds to

know of any fraud, or who has not acted

honestly and in good faith shall be entitled

to any of the benefits of this section.

All permits or leases hereunder shall

inure to the benefit of the claimant and all

persons claiming through or under him by

lease, contract, or otherwise, as their

interests may appear. (30 U.S.C. 228)

Preference right to permits or leases

of claimants of lands bona fide

entered as agricultural land; terms

and conditions

Sec. 20 In the case of lands bona fide

entered as agricultural, and not withdrawn or classified as mineral at the time

of entry, but not including lands claimed

under any railroad grant, the entryman or

patentee, or assigns, where assignment

was made prior to January 1, 1918, if the

entry has been patented with the mineral

right reserved, shall be entitled to a

preference right to a permit and to a

lease, as herein provided, in case of

discovery; and within an area not greater

than a township such entryman and

patentees, or assigns holding restricted

patents may combine their holdings, not

to exceed two thousand five hundred and

sixty acres for the purpose of making

joint application. Leases executed under

this section and embracing only lands so

entered shall provide for the payment of

a royalty of not less than 12 1/2 per

centum as to such areas within the permit

as may not be included within the discovery lease to which the permittee is

entitled under section 223 of this title. (30

U.S.C. 229)

Leases of lands

Sec. 21 (a) Authorization; survey; terms,

royalties and annual rentals; readjustments on renewals; rights of existing

claimants; fraud of claimants

The Secretary of the Interior is hereby

authorized to lease to any person or

corporation qualified under this chapter

any deposits of oil shale, and gilsonite

(including all vein-type solid hydrocarbons) belonging to the United States and

the surface of so much of the public

lands containing such deposits, or land

adjacent thereto, as may be required for

the extraction and reduction of the leased

minerals, under such rules and regulations, not inconsistent with this chapter, as

he may prescribe. No lease hereunder

shall exceed five thousand one hundred

and twenty acres of land, to be described

by the legal subdivisions of the publicland surveys, or if unsurveyed, to be

surveyed by the United States, at the
National Forest System Resource Management - Minerals and Mining 177

expense of the applicant, in accordance

with regulations to be prescribed by the

Secretary of the Interior. Leases may be

for indeterminate periods, upon such

conditions as may be imposed by the

Secretary of the Interior, including

covenants relative to methods of mining,

prevention of waste, and productive

development. For the privilege of mining,

extracting, and disposing of the oil or

other minerals covered by a lease under

this section the lessee shall pay to the

United States such royalties as shall be

specified in the lease and an annual

rental, payable at the beginning of each

year, at the rate of 50 cents per acre per

annum, for the lands included in the lease,

the rental paid for any one year to be

credited against the royalties accruing for

that year; such royalties to be subject to

readjustment at the end of each twentyyear period by the Secretary of the

Interior. For the purpose of encouraging

the production of petroleum products

from shales the Secretary may, in his

discretion, waive the payment of any

royalty and rental during the first five

years of any lease. Any person having a

valid claim to such minerals under

existing laws on January 1, 1919, shall,

upon the relinquishment of such claim, be

entitled to a lease under the provisions of

this section for such area of the land

relinquished as shall not exceed the

maximum area authorized by this section

to be leased to an individual or corporation. No claimant for a lease who has

been guilty of any fraud or who had

knowledge or reasonable grounds to

know of any fraud, or who has not acted

honestly and in good faith, shall be

entitled to any of the benefits of this

section. Not more than one lease shall be

granted under this section to any one

person, association, or corporation except

that with respect to leases for gilsonite

(including all vein-type solid hydrocarbons) no person, association, or corporation shall acquire or hold more than seven

thousand six hundred eighty acres in any

one State without respect to the number

of leases.

(b) Offer for lease; deposits other than oil

shale; questioned validity because of

location; preference rights

If an offer for a lease under the provisions of this section for deposits other

than oil shale is based upon a mineral

location, the validity of which might be

questioned because the claim was based

on a placer location rather than on a lode

location, or vice versa, the offeror shall

have a preference right to a lease if the

offer is filed not more than one year after

September 2, 1960.

(c) 3

 Multiple use principal leases;

gilsonite including all vein-type solid

hydrocarbons

With respect to gilsonite (including all

vein-type solid hydrocarbons) a lease

under the multiple use principle may issue

notwithstanding the existence of an

outstanding lease issued under any other

provision of this chapter.

(c)4

 Offsite leases (1) The Secretary

may within the State of Colorado lease to

the holder of the Federal oil shale lease

known as Federal Prototype Tract C-a

additional lands necessary for the disposal of oil shale wastes and the materi-
178 National Forest System Resource Management - Minerals and Miining

als removed from mined lands, and for

the building of plants, reduction works,

and other facilities connected with oil

shale operations (which lease shall be

referred to hereinafter as an “offsite

lease”). The Secretary may only issue

one offsite lease not to exceed six

thousand four hundred acres. An offsite

lease may not serve more than one

Federal oil shale lease and may not be

transferred except in conjunction with the

transfer of the Federal oil shale lease that

it serves.

(2) The Secretary may issue one offsite

lease of not more than three hundred

and twenty acres to any person, association or corporation which has the

right to develop oil shale on non-Federal

lands. An offsite lease serving nonFederal oil shale land may not serve

more than one oil shale operation and

may not be transferred except in

conjunction with the transfer of the nonFederal oil shale land that it serves. Not

more than two offsite leases may be

issued under this paragraph.

(3) An offsite lease shall include no

rights to any mineral deposits.

(4) The Secretary may issue offsite

leases after consideration of the need

for such lands, impacts on the environment and other resource values, and

upon a determination that the public

interest will be served thereby.

(5) An offsite lease for lands the

surface of which is under the jurisdiction of a Federal agency other than the

Department of the Interior shall be

issued only with the consent of that

other Federal agency and shall be

subject to such terms and conditions as

it may prescribe.

(6) An offsite lease shall be for such

periods of time and shall include such

lands, subject to the acreage limitations

contained in this subsection, as the

Secretary determines to be necessary to

achieve the purposes for which the

lease is issued, and shall contain such

provisions as he determines are needed

for protection of environmental and

other resource values.

(7) An offsite lease shall provide for the

payment of an annual rental which shall

reflect the fair market value of the

rights granted and which shall be

subject to such revisions as the Secretary, in his discretion, determines may

be needed from time to time to continue

to reflect the fair market value.

(8) An offsite lease may, at the option of

the lessee, include provisions for

payments in any year which payments

shall be credited against any portion of

the annual rental for a subsequent year

to the extent that such payment is

payable by the Secretary of the Treasury under section 191 of this title to the

State within the boundaries of which the

leased lands are located. Such funds

shall be paid by the Secretary of the

Treasury to the appropriate State in

accordance with section 191 of this title,

and such funds shall be distributed by

the State only to those counties, municipalities, or jurisdictional subdivisions

impacted by oil shale development and/

or where the lease is sited.
National Forest System Resource Management - Minerals and Mining 179

(9) An offsite lease shall remain subject

to leasing under the other provisions of

this chapter where such leasing would

not be incompatible with the offsite

lease.

(d) Considerations governing issuance of

offsite lease In recognition of the unique

character of oil shale development:

(1) In determining whether to offer or

issue an offsite lease under subsection

(c) of this section, the Secretary shall

consult with the Governor and appropriate State, local, and tribal officials of the

State where the lands to be leased are

located, and of any additional State

likely to be affected significantly by the

social, economic, or environmental

effects of development under such

lease, in order to coordinate Federal and

State planning processes, minimize

duplication of permits, avoid delays, and

anticipate and mitigate likely impacts of

development.

(2) The Secretary may issue an offsite

lease under subsection (d) 5

 after

consideration of (A) the need for

leasing, (B) impacts on the environment

and other resource values, (C) socioeconomic factors, and (D) information

from consultations with the Governors

of the affected States.

 (3) Before determining whether to

offer an offsite lease under subsection

(c) of this section, the Secretary shall

seek the recommendation of the Governor of the State in which the lands to be

leased are located as to whether or not

to lease such lands, what alternative

actions are available, and what special

conditions could be added to the proposed lease to mitigate impacts. The

Secretary shall accept the recommendations of the Governor if he determines

that they provide for a reasonable

balance between the national interest

and the State’s interests. The Secretary

shall communicate to the Governor, in

writing, and publish in the Federal

Register the reasons for his determination to accept or reject such Governor’s

recommendations. (30 U.S.C. 241)

3and 4 Two subsecs. (c) have been enacted.

5

 So in original. Probably should be

subsection “(c)”.

Leases to claimants of withdrawn

lands; terms and conditions;

acreage; annual rentals and

royalties; fraud of claimants

Sec. 22 Any bona fide occupant or

claimant of oil or gas bearing lands in the

Territory of Alaska, who, or whose

predecessors in interest, prior to withdrawal had complied otherwise with the

requirements of the mining laws, but had

made no discovery of oil or gas in wells

and who prior to withdrawal had made

substantial improvements for the discovery of oil or gas on or for each location or

had prior to February 25, 1920 expended

not less than $250 in improvements on or

for each location shall be entitled, upon

relinquishment or surrender to the United

States within one year from February 25,

1920, or within six months after final

denial or withdrawal of application for

patent, to a lease or leases, under this
180 National Forest System Resource Management - Minerals and Miining

chapter covering such lands, not exceeding five leases in number and not exceeding an aggregate of one thousand two

hundred and eighty acres in each: Provided, That the annual lease rentals for

lands in the Territory of Alaska not within

any known geological structure of a

producing oil or gas field and the royalty

payments from production of oil or gas

sold or removed from such lands shall be

identical with those prescribed for such

leases covering similar lands in the States

of the United States, except that leases

which may issue pursuant to applications

or offers to lease such lands, which

applications or offers were filed prior to

and were pending on May 3, 1958, shall

require the payment of 25 cents per acre

as lease rental for the first year of such

leases; but the aforesaid exception shall

not apply in any way to royalties to be

required under leases which may issue

pursuant to offers or applications filed

prior to May 3, 1958.

The Secretary of the Interior shall neither

prescribe nor approve any cooperative or

unit plan of development or operation nor

any operating, drilling, or development

contract establishing different royalty or

rental rates for Alaska lands than for

similar lands within the States of the

United States.

No claimant for a lease who has been

guilty of any fraud or who had knowledge

or reasonable grounds to know of any

fraud, or who has not acted honestly and

in good faith, shall be entitled to any of

the benefits of this section. (30 U.S.C.

251)

Prospecting permits; lands included;

acreage

Sec. 23 The Secretary of the Interior is

hereby authorized, under such rules and

regulations as he may prescribe, to grant

to any qualified applicant a prospecting

permit which shall give the exclusive right

to prospect for chlorides, sulphates,

carbonates, borates, silicates, or nitrates

of sodium, in lands belonging to the

United States for a period of not exceeding two years: Provided, That the area to

be included in such a permit shall not

exceed two thousand five hundred and

sixty acres of land in reasonably compact

form. (30 U.S.C. 261)

Leases to permittees; survey of

lands; royalties and annual rentals

Sec. 24 Upon showing to the satisfaction

of the Secretary of the Interior that

valuable deposits of one of the substances enumerated in section 261 of this

title have been discovered by the permittee within the area covered by his permit

and that such land is chiefly valuable

therefor, the permittee shall be entitled to

a lease for any or all of the land embraced in the prospecting permit at a

royalty of not less than 2 per centum of

the quantity or gross value of the output

of sodium compounds and other related

products at the point of shipment to

market; the lands in such lease to be

taken in compact form by legal subdivisions of the public land surveys or, if the

land be not surveyed, by survey executed

at the cost of the permittee in accordance

with regulations prescribed by the Secretary of the Interior. Lands known to
National Forest System Resource Management - Minerals and Mining 181

contain valuable deposits of one of the

substances enumerated in section 261 of

this title and not covered by permits or

leases shall be subject to lease by the

Secretary of the Interior through advertisement, competitive bidding, or such

other methods as he may by general

regulations adopt and in such areas as he

shall fix, not exceeding two thousand five

hundred and sixty acres. All leases under

this section shall be conditioned upon the

payment by the lessee of such royalty as

may be fixed in the lease, not less than 2

per centum of the quantity or gross value

of the output of sodium compounds and

other related products at the point of

shipment to market, and the payment in

advance of a rental of 25 cents per acre

for the first calendar year or fraction

thereof, 50 cents per acre for the second,

third, fourth, and fifth calendar years

respectively; and $1 per acre per annum

thereafter during the continuance of the

lease, such rental for any one year to be

credited against royalties accruing for

that year. Leases under this section shall

be for a period of twenty years, with

preferential right in the lessee to renew

for successive periods of ten years upon

such reasonable terms and conditions as

may be prescribed by the Secretary of

the Interior unless otherwise provided by

law at the expiration of such period:

Provided, That nothing in this chapter

shall prohibit the mining and sale of

sodium compounds under potassium

leases issued pursuant to subchapter VII

(Sec. 141 et seq.) of chapter 3 of this title

and subchapter IX of this chapter, nor the

mining and sale of potassium compounds

as a byproduct from sodium leases taken

under this section: Provided further, That

on application by any lessee the Secretary of the Interior is authorized to modify

the rental and royalty provisions stipulated in any existing sodium lease to

conform to the provisions of this section.

(30 U.S.C. 262)

Permits to use or lease of

nonmineral lands for camp sites, and

other purposes; annual rentals;

acreage

Sec. 25 In addition to areas of such

mineral land which may be included in

any such prospecting permits or leases,

the Secretary of the Interior, in his

discretion, may grant to a permittee or

lessee of lands containing sodium deposits, and subject to the payment of an

annual rental of not less than 25 cents per

acre, the exclusive right to use, during the

life of the permit or lease, a tract of

unoccupied nonmineral public land, not

exceeding forty acres in area, for camp

sites, refining works, and other purposes

connected with and necessary to the

proper development and use of the

deposits covered by the permit or lease.

(30 U.S.C. 263)

Cancellation of prospecting permits

Sec. 26 The Secretary of the Interior

shall reserve and may exercise the

authority to cancel any prospecting

permit upon failure by the permittee to

exercise due diligence in the prosecution

of the prospecting work in accordance

with the terms and conditions stated in

the permit, and shall insert in every such

permit issued under the provisions of this
182 National Forest System Resource Management - Minerals and Miining

chapter appropriate provisions for its

cancellation by him. (30 U.S.C. 183)

Limitations on leases held, owned or

controlled by persons, associations

or corporations

Sec. 27 (a) Coal leases

No person, association, or corporation, or

any subsidiary, affiliate, or persons

controlled by or under common control

with such person, association, or corporation shall take, hold, own or control at one

time, whether acquired directly from the

Secretary under this chapter or otherwise, coal leases or permits on an aggregate of more than 75,000 acres in any

one State and in no case greater than an

aggregate of 150,000 acres in the United

States: Provided, That any person,

association, or corporation currently

holding, owning, or controlling more than

an aggregate of 150,000 acres in the

United States on the date of enactment

of this section shall not be required on

account of this section to relinquish said

leases or permits: Provided, further, That

in no case shall such person, association,

or corporation be permitted to take, hold,

own, or control any further Federal coal

leases or permits until such time as their

holdings, ownership, or control of Federal

leases or permits has been reduced

below an aggregate of 150,000 acres

within the United States.

(b) Sodium leases or permits, acreage

(1) No person, association, or corporation, except as otherwise provided in

this subsection, shall take, hold, own, or

control at one time, whether acquired

directly from the Secretary under this

chapter, or otherwise, sodium leases or

permits on an aggregate of more than

five thousand one hundred and twenty

acres in any one State.

(2) The Secretary may, in his discretion,

where the same is necessary in order to

secure the economic mining of sodium

compounds leasable under this chapter,

permit a person, association, or corporation to take or hold sodium leases or

permits on up to 30,720 acres in any one

State.

(c) Phosphate leases, acreage

No person, association, or corporation

shall take, hold, own, or control at one

time, whether acquired directly from the

Secretary under this chapter, or otherwise, phosphate leases or permits on an

aggregate of more than twenty thousand

four hundred and eighty acres in the

United States.

(d) Oil or gas leases, acreage, Alaska;

options, semi-annual statements

(1) No person, association, or corporation, except as otherwise provided in

this chapter, shall take, hold, own or

control at one time, whether acquired

directly from the Secretary under this

chapter, or otherwise, oil or gas leases

(including options for such leases or

interests therein) on land held under the

provisions of this chapter exceeding in

the aggregate two hundred forty-six

thousand and eighty acres in any one

State other than Alaska 6

 Provided,

however, That acreage held in special

tar sand areas shall not be chargeable

against such State limitations. In the
National Forest System Resource Management - Minerals and Mining 183

case of the State of Alaska, the limit

shall be three hundred thousand acres in

the northern leasing district and three

hundred thousand acres in the southern

leasing district, and the boundary

between said two districts shall be the

left limit of the Tanana River from the

border between the United States and

Canada to the confluence of the Tanana

and Yukon Rivers, and the left limit of

the Yukon River from said confluence to

its principal southern mouth.

(2) No person, association, or corporation shall take, hold, own, or control at

one time options to acquire interests in

oil or gas leases under the provisions of

this chapter which involve, in the

aggregate, more than two hundred

thousand acres of land in any one State

other than Alaska, or, in the case of

Alaska, more than two hundred thousand acres in each of its two leasing

districts, as hereinbefore described. No

option to acquire any interest in such an

oil or gas lease shall be enforcible if

entered into for a period of more than

three years (which three years shall be

inclusive of any renewal period if a right

to renew is reserved by any party to the

option) without the prior approval of the

Secretary. In any case in which an

option to acquire the optionor’s entire

interest in the whole or a part of the

acreage under a lease is entered into,

the acreage to which the option is

applicable shall be charged both to the

optionor and to the optionee, but the

charge to the optionor shall cease when

the option is exercised. In any case in

which an option to acquire a part of the

optionor’s interest in the whole or a part

of the acreage under a lease is entered

into, the acreage to which the option is

applicable shall be fully charged to the

optionor and a share thereof shall also

be charged to the optionee, as his

interest may appear, but after the option

is exercised said acreage shall be

charged to the parties pro rata as their

interests may appear. In any case in

which an assignment is made of a part

of a lessee’s interest in the whole or

part of the acreage under a lease or an

application for a lease, the acreage shall

be charged to the parties pro rata as

their interests may appear. No option or

renewal thereof shall be enforcible until

notice thereof has been filed with the

Secretary or an officer or employee of

the Department of the Interior designated by him to receive the same. Each

such notice shall include, in addition to

any other matters prescribed by the

Secretary, the names and addresses of

the parties thereto, the serial number of

the lease or application for a lease to

which the option is applicable, and a

statement of the number of acres

covered thereby and of the interests and

obligations of the parties thereto and

shall be subscribed by all parties to the

option or their duly authorized agents.

An option which has not been exercised

shall remain charged as hereinbefore

provided until notice of its relinquishment or surrender has been filed, by

either party, with the Secretary or any

officer or employee of the Department

of the Interior designated by him to

receive the same. In addition, each

holder of any such option shall file with
184 National Forest System Resource Management - Minerals and Miining

the Secretary or an officer or employee

of the Department of the Interior as

aforesaid within ninety days after the

30th day of June and the 31st day of

December in each year a statement

showing, in addition to any other matters

prescribed by the Secretary, his name,

the name and address of each grantor

of an option held by him, the serial

number of every lease or application for

a lease to which such an option is

applicable, the number of acres covered

by each such option, the total acreage in

each State to which such options are

applicable, and his interest and obligation under each such option. The failure

of the holder of an option so to file shall

render the option unenforcible 7

 by him.

The unenforcibility 8

 of any option under

the provisions of this paragraph shall not

diminish the number of acres deemed to

be held under option by any person,

association, or corporation in computing

the amount chargeable under the first

sentence of this paragraph and shall not

relieve any party thereto of any liability

to cancellation, forfeiture, forced

disposition, or other sanction provided

by law. The Secretary may prescribe

forms on which the notice and statements required by this paragraph shall

be made.

(e) Association or stockholder interests,

conditions; combined interests

(1) No person, association, or corporation shall take, hold, own or control at

one time any interest as a member of an

association or as a stockholder in a

corporation holding a lease, option, or

permit under the provisions of this

chapter which, together with the area

embraced in any direct holding, ownership or control by him of such a lease,

option, or permit or any other interest

which he may have as a member of

other associations or as a stockholder in

other corporations holding, owning or

controlling such leases, options, or

permits for any kind of minerals,

exceeds in the aggregate an amount

equivalent to the maximum number of

acres of the respective kinds of minerals allowed to any one lessee, optionee,

or permittee under this chapter, except

that no person shall be charged with his

pro rata share of any acreage holdings

of any association or corporation unless

he is the beneficial owner of more than

10 per centum of the stock or other

instruments of ownership or control of

such association or corporation, and

except that within three years after

September 2, 1960 no valid option in

existence prior to September 2, 1960

held by a corporation or association on

September 2, 1960 shall be chargeable

to any stockholder of such corporation

or to a member of such association so

long as said option shall be so held by

such corporation or association under

the provisions of this chapter.

(2) No contract for development and

operation of any lands leased under this

chapter, whether or not coupled with an

interest in such lease, and no lease held,

owned, or controlled in common by two

or more persons, associations, or

corporations shall be deemed to create

a separate association under the preceding paragraph of this subsection
National Forest System Resource Management - Minerals and Mining 185

between or among the contracting

parties or those who hold, own or

control the lease in common, but the

proportionate interest of each such

party shall be charged against the total

acreage permitted to be held, owned or

controlled by such party under this

chapter. The total acreage so held,

owned, or controlled in common by two

or more parties shall not exceed, in the

aggregate, an amount equivalent to the

maximum number of acres of the

respective kinds of minerals allowed to

any one lessee, optionee, or permittee

under this chapter.

(f) Limitations on other sections; combined interests permitted for certain

purposes

Nothing contained in subsection (e) of

this section shall be construed (i) to limit

sections 227, 228, 251 of this title or (ii),

subject to the approval of the Secretary,

to prevent any number of lessees under

this chapter from combining their several

interests so far as may be necessary for

the purpose of constructing and carrying

on the business of a refinery or of

establishing and constructing, as a

common carrier, a pipeline or railroad to

be operated and used by them jointly in

the transportation of oil from their several

wells or from the wells of other lessees

under this chapter or in the transportation

of coal or (iii) to increase the acreage

which may be taken, held, owned, or

controlled under this section.

(g) Forbidden interests acquired by

descent, will, judgment, or decree;

permissible holding period

Any ownership or interest otherwise

forbidden in this chapter which may be

acquired by descent, will, judgment, or

decree may be held for two years after

its acquisition and no longer.

(h) Cancellation, forfeiture, or disposal of

interests for violation; bona fide purchasers and other valid interests; sale by

Secretary; record of proceedings

(1) If any interest in any lease is owned,

or controlled, directly or indirectly, by

means of stock or otherwise, in violation

of any of the provisions of this chapter,

the lease may be canceled, or the

interest so owned may be forfeited, or

the person so owning or controlling the

interest may be compelled to dispose of

the interest, in any appropriate proceeding instituted by the Attorney General.

Such a proceeding shall be instituted in

the United States district court for the

district in which the leased property or

some part thereof is located or in which

the defendant may be found.

(2) The right to cancel or forfeit for

violation of any of the provisions of this

chapter shall not apply so as to affect

adversely the title or interest of a bona

fide purchaser of any lease, interest in a

lease, option to acquire a lease or an

interest therein, or permit which lease,

interest, option, or permit was acquired

and is held by a qualified person,

association, or corporation in conformity

with those provisions, even though the

holdings of the person, association, or

corporation from which the lease,

interest, option, or permit was acquired,

or of his predecessor in title (including
186 National Forest System Resource Management - Minerals and Miining

the original lessee of the United States)

may have been canceled or forfeited or

may be or may have been subject to

cancellation or forfeiture for any such

violation. If, in any such proceeding, an

underlying lease, interest, option, or

permit is canceled or forfeited to the

Government and there are valid interests therein or valid options to acquire

the lease or an interest therein which

are not subject to cancellation, forfeiture, or compulsory disposition, the

underlying lease, interest, option, or

permit shall be sold by the Secretary to

the highest responsible qualified bidder

by competitive bidding under general

regulations subject to all outstanding

valid interests therein and valid options

pertaining thereto. Likewise if, in any

such proceeding, less than the whole

interest in a lease, interest, option, or

permit is canceled or forfeited to the

Government, the partial interests so

canceled or forfeited shall be sold by

the Secretary to the highest responsible

qualified bidder by competitive bidding

under general regulations. If competitive

bidding fails to produce a satisfactory

offer the Secretary may, in either of

these cases, sell the interest in question

by such other method as he deems

appropriate on terms not less favorable

to the Government than those of the

best competitive bid received.

(3) The commencement and conclusion

of every proceeding under this subsection shall be promptly noted on the

appropriate public records of the

Bureau of Land Management.

(i) Bona fide purchasers, conditions for

obtaining dismissals

Effective September 21, 1959, any

person, association, or corporation who is

a party to any proceeding with respect to

a violation of any provision of this chapter, whether initiated prior to said date or

thereafter, shall have the right to be

dismissed promptly as such a party upon

showing that he holds and acquired as a

bona fide purchaser the interest involving

him as such a party without violating any

provisions of this chapter. No hearing

upon any such showing shall be required

unless the Secretary presents prima facie

evidence indicating a possible violation of

this chapter on the part of the alleged

bona fide purchaser.

(j) Waiver or suspension of rights

If during any such proceeding, a party

thereto files with the Secretary a waiver

of his rights under his lease (including

particularly, where applicable, rights to

drill and to assign) or if such rights are

suspended by the Secretary pending a

decision in the proceeding, whether

initiated prior to enactment of this chapter

or thereafter, payment of rentals and

running of time against the term of the

lease or leases involved shall be suspended as of the first day of the month

following the filing of the waiver or

suspension of the rights until the first day

of the month following the final decision

in the proceeding or the revocation of the

waiver or suspension.

(k) Unlawful trusts; forfeiture

Except as otherwise provided in this

chapter, if any lands or deposits subject to
National Forest System Resource Management - Minerals and Mining 187

the provisions of this chapter shall be

subleased, trusteed, possessed, or controlled by any device permanently,

temporarily, directly, indirectly, tacitly, or

in any manner whatsoever, so that they

form a part of or are in any wise controlled by any combination in the form of

an unlawful trust, with the consent of the

lessee, optionee, or permittee, or form the

subject of any contract or conspiracy in

restraint of trade in the mining or selling

of coal, phosphate, oil, oil shale, gilsonite

(including all vein-type solid hydrocarbons), gas, or sodium entered into by the

lessee, optionee, or permittee or any

agreement or understanding, written,

verbal, or otherwise, to which such

lessee, optionee, or permittee shall be a

party, of which his or its output is to be or

become the subject, to control the price

or prices thereof or of any holding of

such lands by any individual, partnership,

association, corporation, or control in

excess of the amounts of lands provided

in this chapter, the lease, option, or permit

shall be forfeited by appropriate court

proceedings.

(l) Rules and regulations; notice to and

consultation with Attorney General;

application of antitrust laws; definitions

(1) At each stage in the formulation and

promulgation of rules and regulations

concerning coal leasing pursuant to this

chapter, and at each stage in the

issuance, renewal, and readjustment of

coal leases under this chapter, the

Secretary of the Interior shall consult

with and give due consideration to the

views and advice of the Attorney

General of the United States.

(2) No coal lease may be issued,

renewed, or readjusted under this

chapter until at least thirty days after

the Secretary of the Interior notifies the

Attorney General of the proposed

issuance, renewal, or readjustment.

Such notification shall contain such

information as the Attorney General

may require in order to advise the

Secretary of the Interior as to whether

such lease would create or maintain a

situation inconsistent with the antitrust

laws. If the Attorney General advises

the Secretary of the Interior that a lease

would create or maintain such a situation, the Secretary of the Interior may

not issue such lease, nor may he renew

or readjust such lease for a period not to

exceed one year, as the case may be,

unless he thereafter conducts a public

hearing on the record in accordance

with subchapter II of chapter 5 of title 5

and finds therein that such issuance,

renewal, or readjustment is necessary to

effectuate the purposes of this chapter,

that it is consistent with the public

interest, and that there are no reasonable alternatives consistent with this

chapter, the antitrust laws, and the

public interest.

(3) Nothing in this chapter shall be

deemed to convey to any person,

association, corporation, or other

business organization immunity from

civil or criminal liability, or to create

defenses to actions, under any antitrust

law.

(4) As used in this subsection, the term

“antitrust law” means -
188 National Forest System Resource Management - Minerals and Miining

(A) the Act entitled “An Act to protect

trade and commerce against unlawful

restraints and monopolies”, approved

July 2, 1890 (15 U.S.C. 1 et seq.), as

amended;

(B) the Act entitled “An Act to

supplement existing laws against

unlawful restraints and monopolies,

and for other purposes”, approved

October 15, 1914 (15 U.S.C. 12 et

seq.), as amended;

(C) the Federal Trade Commission

Act (15 U.S.C. 41 et seq.), as

amended;

(D) sections 73 and 74 of the Act

entitled “An Act to reduce taxation, to

provide revenue for the Government,

and for other purposes”, approved

August 27, 1894 (15 U.S.C. 8 and 9),

as amended; or

(E) the Act of June 19, 1936, chapter

592 (15 U.S.C. 13, 13a, 13b, and 21a).

(30 U.S.C. 184)

6

 So in original. Probably should be

followed by a colon.

7 and 8 So in original. Probably should be

“unenforceability”.

Rights-of-way for pipelines through

Federal lands

Sec. 28 (a) Grant of authority

Rights-of-way through any Federal lands

may be granted by the Secretary of the

Interior or appropriate agency head for

pipeline purposes for the transportation of

oil, natural gas, synthetic liquid or gaseous

fuels, or any refined product produced

therefrom to any applicant possessing the

qualifications provided in section 181 of

this title in accordance with the provisions

of this section.

(b) Definitions

(1) For the purposes of this section

“Federal lands” means all lands owned

by the United States except lands in the

National Park System, lands held in

trust for an Indian or Indian tribe, and

lands on the Outer Continental Shelf. A

right-of-way through a Federal reservation shall not be granted if the Secretary

or agency head determines that it would

be inconsistent with the purposes of the

reservation.

(2) “Secretary” means the Secretary of

the Interior.

(3) “Agency head” means the head of

any Federal department or independent

Federal office or agency, other than the

Secretary of the Interior, which has

jurisdiction over Federal lands.

(c) Inter-agency coordination

(1) Where the surface of all of the

Federal lands involved in a proposed

right-of-way or permit is under the

jurisdiction of one Federal agency, the

agency head, rather than the Secretary,

is authorized to grant or renew the rightof-way or permit for the purposes set

forth in this section.

(2) Where the surface of the Federal

lands involved is administered by the

Secretary or by two or more Federal

agencies, the Secretary is authorized,

after consultation with the agencies

involved, to grant or renew rights-of-
National Forest System Resource Management - Minerals and Mining 189

way or permits through the Federal

lands involved. The Secretary may

enter into interagency agreements with

all other Federal agencies having

jurisdiction over Federal lands for the

purpose of avoiding duplication, assigning responsibility, expediting review of

rights-of-way or permit applications,

issuing joint regulations, and assuring a

decision based upon a comprehensive

review of all factors involved in any

right-of-way or permit application. Each

agency head shall administer and

enforce the provisions of this section,

appropriate regulations, and the terms

and conditions of rights-of-way or

permits insofar as they involve Federal

lands under the agency head’s jurisdiction.

(d) Width limitations

The width of a right-of-way shall not

exceed fifty feet plus the ground occupied by the pipeline (that is, the pipe and

its related facilities) unless the Secretary

or agency head finds, and records the

reasons for his finding, that in his judgment a wider right-of-way is necessary

for operation and maintenance after

construction, or to protect the environment or public safety. Related facilities

include but are not limited to valves,

pump stations, supporting structures,

bridges, monitoring and communication

devices, surge and storage tanks, terminals, roads, airstrips and campsites and

they need not necessarily be connected

or contiguous to the pipe and may be the

subjects of separate rights-of-way.

(e) Temporary permits

A right-of-way may be supplemented by

such temporary permits for the use of

Federal lands in the vicinity of the

pipeline as the Secretary or agency head

finds are necessary in connection with

construction, operation, maintenance, or

termination of the pipeline, or to protect

the natural environment or public safety.

(f) Regulatory authority

Rights-of-way or permits granted or

renewed pursuant to this section shall be

subject to regulations promulgated in

accord with the provisions of this section

and shall be subject to such terms and

conditions as the Secretary or agency

head may prescribe regarding extent,

duration, survey, location, construction,

operation, maintenance, use, and termination.

(g) Pipeline safety

The Secretary or agency head shall

impose requirements for the operation of

the pipeline and related facilities in a

manner that will protect the safety of

workers and protect the public from

sudden ruptures and slow degradation of

the pipeline.

(h) Environmental protection

(1) Nothing in this section shall be

construed to amend, repeal, modify, or

change in any way the requirements of

section 102(2)(C) (42 U.S.C.

4332(2)(C)) or any other provision of

the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.).

(2) The Secretary or agency head, prior

to granting a right-of-way or permit

pursuant to this section for a new
190 National Forest System Resource Management - Minerals and Miining

project which may have a significant

impact on the environment, shall require

the applicant to submit a plan of construction, operation, and rehabilitation

for such right-of-way or permit which

shall comply with this section. The

Secretary or agency head shall issue

regulations or impose stipulations which

shall include, but shall not be limited to:

(A) requirements for restoration,

revegetation, and curtailment of erosion

of the surface of the land; (B) requirements to insure that activities in connection with the right-of-way or permit will

not violate applicable air and water

quality standards nor related facility

siting standards established by or

pursuant to law; (C) requirements

designed to control or prevent (i)

damage to the environment (including

damage to fish and wildlife habitat), (ii)

damage to public or private property,

and (iii) hazards to public health and

safety; and (D) requirements to protect

the interests of individuals living in the

general area of the right-of-way or

permit who rely on the fish, wildlife, and

biotic resources of the area for subsistence purposes. Such regulations shall

be applicable to every right-of-way or

permit granted pursuant to this section,

and may be made applicable by the

Secretary or agency head to existing

rights-of-way or permits, or rights-ofway or permits to be renewed pursuant

to this section.

(i) Disclosure

If the applicant is a partnership, corporation, association, or other business entity,

the Secretary or agency head shall

require the applicant to disclose the

identity of the participants in the entity.

Such disclosure shall include where

applicable (1) the name and address of

each partner, (2) the name and address

of each shareholder owning 3 per centum

or more of the shares, together with the

number and percentage of any class of

voting shares of the entity which such

shareholder is authorized to vote, and (3)

the name and address of each affiliate of

the entity together with, in the case of an

affiliate controlled by the entity, the

number of shares and the percentage of

any class of voting stock of that affiliate

owned, directly or indirectly, by that

entity, and, in the case of an affiliate

which controls that entity, the number of

shares and the percentage of any class of

voting stock of that entity owned, directly

or indirectly, by the affiliate.

(j) Technical and financial capability

The Secretary or agency head shall grant

or renew a right-of-way or permit under

this section only when he is satisfied that

the applicant has the technical and

financial capability to construct, operate,

maintain, and terminate the project for

which the right-of-way or permit is

requested in accordance with the requirements of this section.

(k) Public hearings

The Secretary or agency head by regulation shall establish procedures, including

public hearings where appropriate, to give

Federal, State, and local government

agencies and the public adequate notice

and an opportunity to comment upon
National Forest System Resource Management - Minerals and Mining 191

right-of-way applications filed after the

date of enactment of this subsection.

(l) Reimbursement of costs

The applicant for a right-of-way or

permit shall reimburse the United States

for administrative and other costs incurred in processing the application, and

the holder of a right-of-way or permit

shall reimburse the United States for the

costs incurred in monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities

on such right-of-way or permit area and

shall pay annually in advance the fair

market rental value of the right-of-way or

permit, as determined by the Secretary or

agency head.

(m) Bonding

Where he deems it appropriate the

Secretary or agency head may require a

holder of a right-of-way or permit to

furnish a bond, or other security, satisfactory to the Secretary or agency head to

secure all or any of the obligations

imposed by the terms and conditions of

the right-of-way or permit or by any rule

or regulation of the Secretary or agency

head.

(n) Duration of grant

Each right-of-way or permit granted or

renewed pursuant to this section shall be

limited to a reasonable term in light of all

circumstances concerning the project, but

in no event more than thirty years. In

determining the duration of a right-ofway the Secretary or agency head shall,

among other things, take into consideration the cost of the facility, its useful life,

and any public purpose it serves. The

Secretary or agency head shall renew

any right-of-way, in accordance with the

provisions of this section, so long as the

project is in commercial operation and is

operated and maintained in accordance

with all of the provisions of this section.

(o) Suspension or termination of right-ofway

(1) Abandonment of a right-of-way or

noncompliance with any provision of

this section may be grounds for suspension or termination of the right-of-way if

(A) after due notice to the holder of the

right-of-way, (B) a reasonable opportunity to comply with this section, and (C)

an appropriate administrative proceeding pursuant to section 554 of title 5, the

Secretary or agency head determines

that any such ground exists and that

suspension or termination is justified. No

administrative proceeding shall be

required where the right-of-way by its

terms provides that it terminates on the

occurrence of a fixed or agreed upon

condition, event, or time.

(2) If the Secretary or agency head

determines that an immediate temporary

suspension of activities within a right-ofway or permit area is necessary to

protect public health or safety or the

environment, he may abate such

activities prior to an administrative

proceeding.

(3) Deliberate failure of the holder to

use the right-of-way for the purpose for

which it was granted or renewed for

any continuous two-year period shall

constitute a rebuttable presumption of
192 National Forest System Resource Management - Minerals and Miining

abandonment of the right-of-way:

Provided, That where the failure to use

the right-of-way is due to circumstances

not within the holder’s control the

Secretary or agency head is not required to commence proceedings to

suspend or terminate the right-of-way.

(p) Joint use of rights-of-way

In order to minimize adverse environmental impacts and the proliferation of

separate rights-of-way across Federal

lands, the utilization of rights-of-way in

common shall be required to the extent

practical, and each right-of-way or permit

shall reserve to the Secretary or agency

head the right to grant additional rightsof-way or permits for compatible uses on

or adjacent to rights-of-way or permit

area granted pursuant to this section.

(q) Statutes No rights-of-way for the

purposes provided for in this section shall

be granted or renewed across Federal

lands except under and subject to the

provisions, limitations, and conditions of

this section. Any application for a rightof-way filed under any other law prior to

the effective date of this provision may,

at the applicant’s option, be considered as

an application under this section. The

Secretary or agency head may require

the applicant to submit any additional

information he deems necessary to

comply with the requirements of this

section.

(r) Common carriers

(1) Pipelines and related facilities

authorized under this section shall be

constructed, operated, and maintained

as common carriers.

(2)(A) The owners or operators of

pipelines subject to this section shall

accept, convey, transport, or purchase

without discrimination all oil or gas

delivered to the pipeline without regard

to whether such oil or gas was produced on Federal or non-Federal

lands.

(B) In the case of oil or gas produced

from Federal lands or from the

resources on the Federal lands in the

vicinity of the pipeline, the Secretary

may, after a full hearing with due

notice thereof to the interested parties

and a proper finding of facts, determine the proportionate amounts to be

accepted, conveyed, transported or

purchased.

(3)(A) The common carrier provisions

of this section shall not apply to any

natural gas pipeline operated by any

person subject to regulation under the

Natural Gas Act (15 U.S.C. 717 et

seq.) or by any public utility subject to

regulation by a State or municipal

regulatory agency having jurisdiction

to regulate the rates and charges for

the sale of natural gas to consumers

within the State or municipality.

(B) Where natural gas not subject to

State regulatory or conservation laws

governing its purchase by pipelines is

offered for sale, each such pipeline

shall purchase, without discrimination,

any such natural gas produced in the

vicinity of the pipeline.

(4) The Government shall in express

terms reserve and shall provide in every

lease of oil lands under this chapter that
National Forest System Resource Management - Minerals and Mining 193

the lessee, assignee, or beneficiary, if

owner or operator of a controlling

interest in any pipeline or of any company operating the pipeline which may

be operated accessible to the oil derived

from lands under such lease, shall at

reasonable rates and without discrimination accept and convey the oil of the

Government or of any citizen or company not the owner of any pipeline

operating a lease or purchasing gas or

oil under the provisions of this chapter.

(5) Whenever the Secretary has reason

to believe that any owner or operator

subject to this section is not operating

any oil or gas pipeline in complete

accord with its obligations as a common

carrier hereunder, he may request the

Attorney General to prosecute an

appropriate proceeding before the

Secretary of Energy or Federal Energy

Regulatory Commission or any appropriate State agency or the United States

district court for the district in which the

pipeline or any part thereof is located, to

enforce such obligation or to impose any

penalty provided therefor, or the Secretary may, by proceeding as provided in

this section, suspend or terminate the

said grant of right-of-way for noncompliance with the provisions of this

section.

(6) The Secretary or agency head shall

require, prior to granting or renewing a

right-of-way, that the applicant submit

and disclose all plans, contracts, agreements, or other information or material

which he deems necessary to determine

whether a right-of-way shall be granted

or renewed and the terms and conditions which should be included in the

right-of-way. Such information may

include, but is not limited to: (A) conditions for, and agreements among

owners or operators, regarding the

addition of pumping facilities, looping, or

otherwise increasing the pipeline or

terminal’s throughput capacity in

response to actual or anticipated

increases in demand; (B) conditions for

adding or abandoning intake, offtake, or

storage points or facilities; and (C)

minimum shipment or purchase tenders.

(s) Exports of Alaskan North Slope oil

(1) Subject to paragraphs (2) through

(6) of this subsection and notwithstanding any other provision of this chapter or

any other provision of law (including

any regulation) applicable to the export

of oil transported by pipeline over rightof-way granted pursuant to section 1652

of title 43, such oil may be exported

unless the President finds that exportation of this oil is not in the national

interest. The President shall make his

national interest determination within

five months of November 28, 1995. In

evaluating whether exports of this oil

are in the national interest, the President

shall at a minimum consider -

(A) whether exports of this oil would

diminish the total quantity or quality of

petroleum available to the United

States;

(B) the results of an appropriate

environmental review, including

consideration of appropriate measures

to mitigate any potential adverse

effects of exports of this oil on the
194 National Forest System Resource Management - Minerals and Miining

environment, which shall be completed

within four months of November 28,

1995; and

(C) whether exports of this oil are

likely to cause sustained material oil

supply shortages or sustained oil prices

significantly above world market levels

that would cause sustained material

adverse employment effects in the

United States or that would cause

substantial harm to consumers,

including noncontiguous States and

Pacific territories.

If the President determines that

exports of this oil are in the national

interest, he may impose such terms

and conditions (other than a volume

limitation) as are necessary or appropriate to ensure that such exports are

consistent with the national interest.

(2) Except in the case of oil exported to

a country with which the United States

entered into a bilateral international oil

supply agreement before November 26,

1979, or to a country pursuant to the

International Emergency Oil Sharing

Plan of the International Energy

Agency, any oil transported by pipeline

over right-of-way granted pursuant to

section 1652 of title 43 shall, when

exported, be transported by a vessel

documented under the laws of the

United States and owned by a citizen of

the United States (as determined in

accordance with sections 802 and 803

of title 46, Appendix).

(3) Nothing in this subsection shall

restrict the authority of the President

under the Constitution, the International

Emergency Economic Powers Act (50

U.S.C. 1701 et seq.), the National

Emergencies Act (50 U.S.C. 1601 et

seq.), or Part B of title II of the Energy

Policy and Conservation Act (42 U.S.C.

6271-76) to prohibit exports.

(4) The Secretary of Commerce shall

issue any rules necessary for implementation of the President’s national interest

determination, including any licensing

requirements and conditions, within 30

days of the date of such determination

by the President. The Secretary of

Commerce shall consult with the

Secretary of Energy in administering the

provisions of this subsection.

(5) If the Secretary of Commerce finds

that exporting oil under authority of this

subsection has caused sustained material oil supply shortages or sustained oil

prices significantly above world market

levels and further finds that these supply

shortages or price increases have

caused or are likely to cause sustained

material adverse employment effects in

the United States, the Secretary of

Commerce, in consultation with the

Secretary of Energy, shall recommend,

and the President may take, appropriate

action concerning exports of this oil,

which may include modifying or revoking authority to export such oil.

(6) Administrative action under this

subsection is not subject to sections 551

and 553 through 559 of title 5.

(t) Existing rights-of-way

The Secretary or agency head may ratify

and confirm any right-of-way or permit

for an oil or gas pipeline or related facility
National Forest System Resource Management - Minerals and Mining 195

that was granted under any provision of

law before the effective date of this

subsection, if it is modified by mutual

agreement to comply to the extent

practical with the provisions of this

section. Any action taken by the Secretary or agency head pursuant to this

subsection shall not be considered a

major Federal action requiring a detailed

statement pursuant to section 102(2)(C)

(42 U.S.C. 4332(2)(C)) of the National

Environmental Policy Act of 1970 (Public

Law 90-190; 42 U.S.C. 4321).

(u) Limitations on export

Any domestically produced crude oil

transported by pipeline over rights-ofway granted pursuant to this section,

except such crude oil which is either

exchanged in similar quantity for convenience or increased efficiency of transportation with persons or the government

of an adjacent foreign state, or which is

temporarily exported for convenience or

increased efficiency of transportation

across parts of an adjacent foreign state

and reenters the United States, shall be

subject to all of the limitations and

licensing requirements of the Export

Administration Act of 1979 (50 U.S.C.

App. 2401 and following) and, in addition,

before any crude oil subject to this

section may be exported under the

limitations and licensing requirements and

penalty and enforcement provisions of

the Export Administration Act of 1979 the

President must make and publish an

express finding that such exports will not

diminish the total quantity or quality of

petroleum available to the United States,

and are in the national interest and are in

accord with the provisions of the Export

Administration Act of 1979: Provided,

That the President shall submit reports to

the Congress containing findings made

under this section, and after the date of

receipt of such report Congress shall

have a period of sixty calendar days,

thirty days of which Congress must have

been in session, to consider whether

exports under the terms of this section

are in the national interest. If the Congress within this time period passes a

concurrent resolution of disapproval

stating disagreement with the President’s

finding concerning the national interest,

further exports made pursuant to the

aforementioned Presidential findings shall

cease.

(v) State standards

The Secretary or agency head shall take

into consideration and to the extent

practical comply with State standards for

right-of-way construction, operation, and

maintenance.

(w) Reports

(1) The Secretary and other appropriate

agency heads shall report to the Committee on Natural Resources of the

United States House of Representatives

and the Committee on Energy and

Natural Resources of the United States

Senate annually on the administration of

this section and on the safety and

environmental requirements imposed

pursuant thereto.

(2) The Secretary or agency head shall

promptly notify the Committee on

Natural Resources of the United States

House of Representatives and the
196 National Forest System Resource Management - Minerals and Miining

Committee on Energy and Natural

Resources of the United States Senate

upon receipt of an application for a

right-of-way for a pipeline twenty-four

inches or more in diameter, and no rightof-way for such a pipeline shall be

granted until a notice of intention to

grant the right-of-way, together with the

Secretary’s or agency head’s detailed

findings as to the terms and conditions

he proposes to impose, has been

submitted to such committees.

(3) Periodically, but at least once a year,

the Secretary of the Department of

Transportation shall cause the examination of all pipelines and associated

facilities on Federal lands and shall

cause the prompt reporting of any

potential leaks or safety problems.

(x) Liability

(1) The Secretary or agency head shall

promulgate regulations and may impose

stipulations specifying the extent to

which holders of rights-of-way and

permits under this chapter shall be liable

to the United States for damage or

injury incurred by the United States in

connection with the right-of-way or

permit. Where the right-of-way or

permit involves lands which are under

the exclusive jurisdiction of the Federal

Government, the Secretary or agency

head shall promulgate regulations

specifying the extent to which holders

shall be liable to third parties for injuries

incurred in connection with the right-ofway or permit.

(2) The Secretary or agency head may,

by regulation or stipulation, impose a

standard of strict liability to govern

activities taking place on a right-of-way

or permit area which the Secretary or

agency head determines, in his discretion, to present a foreseeable hazard or

risk of danger to the United States.

(3) Regulations and stipulations pursuant

to this subsection shall not impose strict

liability for damage or injury resulting

from (A) an act of war, or (B) negligence of the United States.

(4) Any regulation or stipulation imposing liability without fault shall include a

maximum limitation on damages commensurate with the foreseeable risks or

hazards presented. Any liability for

damage or injury in excess of this

amount shall be determined by ordinary

rules of negligence.

(5) The regulations and stipulations shall

also specify the extent to which such

holders shall indemnify or hold harmless

the United States for liability, damage,

or claims arising in connection with the

right-of-way or permit.

(6) Any regulation or stipulation promulgated or imposed pursuant to this

section shall provide that all owners of

any interest in, and all affiliates or

subsidiaries of any holder of, a right-ofway or permit shall be liable to the

United States in the event that a claim

for damage or injury cannot be collected

from the holder.

(7) In any case where liability without

fault is imposed pursuant to this subsection and the damages involved were

caused by the negligence of a third

party, the rules of subrogation shall
National Forest System Resource Management - Minerals and Mining 197

apply in accordance with the law of the

jurisdiction where the damage occurred.

(y) Antitrust laws

The grant of a right-of-way or permit

pursuant to this section shall grant no

immunity from the operation of the

Federal antitrust laws. (30 U.S.C. 185)

Reservation of easements or rightsof-way for working purposes;

reservation of right to dispose of

surface of lands; determination

before offering of lease; easement

periods

Sec. 29 Any permit, lease, occupation, or

use permitted under this chapter shall

reserve to the Secretary of the Interior

the right to permit upon such terms as he

may determine to be just, for joint or

several use, such easements or rights-ofway, including easements in tunnels upon,

through, or in the lands leased, occupied,

or used as may be necessary or appropriate to the working of the same, or of

other lands containing the deposits

described in this chapter, and the treatment and shipment of the products

thereof by or under authority of the

Government, its lessees, or permittees,

and for other public purposes. The

Secretary of the Interior, in his discretion,

in making any lease under this chapter,

may reserve to the United States the

right to lease, sell, or otherwise dispose of

the surface of the lands embraced within

such lease under existing law or laws

hereafter enacted, insofar as said surface

is not necessary for use of the lessee in

extracting and removing the deposits

therein. If such reservation is made it

shall be so determined before the offering

of such lease. The said Secretary, during

the life of the lease, is authorized to issue

such permits for easements herein

provided to be reserved. (30 U.S.C. 186)

Assignment or subletting of leases;

relinquishment of rights under

leases; conditions in leases for

protection of diverse interests in

operation of mines, wells, etc.; State

laws not impaired

Sec. 30 No lease issued under the

authority of this chapter shall be assigned

or sublet, except with the consent of the

Secretary of the Interior. The lessee may,

in the discretion of the Secretary of the

Interior, be permitted at any time to make

written relinquishment of all rights under

such a lease, and upon acceptance

thereof be thereby relieved of all future

obligations under said lease, and may

with like consent surrender any legal

subdivision of the area included within the

lease. Each lease shall contain provisions

for the purpose of insuring the exercise

of reasonable diligence, skill, and care in

the operation of said property; a provision

that such rules for the safety and welfare

of the miners and for the prevention of

undue waste as may be prescribed by

said Secretary shall be observed, including a restriction of the workday to not

exceeding eight hours in any one day for

underground workers except in cases of

emergency; provisions prohibiting the

employment of any child under the age of

sixteen in any mine below the surface;

provisions securing the workmen com-
198 National Forest System Resource Management - Minerals and Miining

plete freedom of purchase; provision

requiring the payment of wages at least

twice a month in lawful money of the

United States, and providing proper rules

and regulations to insure the fair and just

weighing or measurement of the coal

mined by each miner, and such other

provisions as he may deem necessary to

insure the sale of the production of such

leased lands to the United States and to

the public at reasonable prices, for the

protection of the interests of the United

States, for the prevention of monopoly,

and for the safeguarding of the public

welfare. None of such provisions shall be

in conflict with the laws of the State in

which the leased property is situated. (30

U.S.C. 187)

Oil or gas leases; partial

assignments

Sec. 30A Notwithstanding anything to

the contrary in section 187 of this title,

any oil or gas lease issued under the

authority of this chapter may be assigned

or subleased, as to all or part of the

acreage included therein, subject to final

approval by the Secretary and as to

either a divided or undivided interest

therein, to any person or persons qualified

to own a lease under this chapter, and

any assignment or sublease shall take

effect as of the first day of the lease

month following the date of filing in the

proper land office of three original

executed counterparts thereof, together

with any required bond and proof of the

qualification under this chapter of the

assignee or sublessee to take or hold

such lease or interest therein. Until such

approval, however, the assignor or

sublessor and his surety shall continue to

be responsible for the performance of

any and all obligations as if no assignment

or sublease had been executed. The

Secretary shall disapprove the assignment

or sublease only for lack of qualification

of the assignee or sublessee or for lack

of sufficient bond: Provided, however,

That the Secretary may, in his discretion,

disapprove an assignment of any of the

following, unless the assignment constitutes the entire lease or is demonstrated

to further the development of oil and gas:

(1) A separate zone or deposit under

any lease.

(2) A part of a legal subdivision.

(3) Less than 640 acres outside Alaska

or of less than 2,560 acres within

Alaska. Requests for approval of

assignment or sublease shall be processed promptly by the Secretary.

Except where the assignment or

sublease is not in accordance with

applicable law, the approval shall be

given within 60 days of the date of

receipt by the Secretary of a request for

such approval. Upon approval of any

assignment or sublease, the assignee or

sublessee shall be bound by the terms of

the lease to the same extent as if such

assignee or sublessee were the original

lessee, any conditions in the assignment

or sublease to the contrary notwithstanding. Any partial assignment of any

lease shall segregate the assigned and

retained portions thereof, and as above

provided, release and discharge the

assignor from all obligations thereafter
National Forest System Resource Management - Minerals and Mining 199

accruing with respect to the assigned

lands; and such segregated leases shall

continue in full force and effect for the

primary term of the original lease, but

for not less than two years after the

date of discovery of oil or gas in paying

quantities upon any other segregated

portion of the lands originally subject to

such lease. Assignments under this

section may also be made of parts of

leases which are in their extended term

because of any provision of this chapter.

Upon the segregation by an assignment

of a lease issued after September 2,

1960 and held beyond its primary term

by production, actual or suspended, or

the payment of compensatory royalty,

the segregated lease of an undeveloped,

assigned, or retained part shall continue

for two years, and so long thereafter as

oil or gas is produced in paying quantities. (30 U.S.C. 187a)

Oil or gas leases; written

relinquishment of rights; release of

obligations

Sec. 30B Notwithstanding any provision

to the contrary in section 187 of this title,

a lessee may at any time make and file in

the appropriate land office a written

relinquishment of all rights under any oil

or gas lease issued under the authority of

this chapter or of any legal subdivision of

the area included within any such lease.

Such relinquishment shall be effective as

of the date of its filing, subject to the

continued obligation of the lessee and his

surety to make payment of all accrued

rentals and royalties and to place all wells

on the lands to be relinquished in condition for suspension or abandonment in

accordance with the applicable lease

terms and regulations; thereupon the

lessee shall be released of all obligations

thereafter accruing under said lease with

respect to the lands relinquished, but no

such relinquishment shall release such

lessee, or his bond, from any liability for

breach of any obligation of the lease,

other than an obligation to drill, accrued

at the date of the relinquishment. (30

U.S.C. 187b)

Failure to comply with provisions of

lease

Sec. 31 (a) Forfeiture

Except as otherwise herein provided, any

lease issued under the provisions of this

chapter may be forfeited and canceled by

an appropriate proceeding in the United

States district court for the district in

which the property, or some part thereof,

is located whenever the lessee fails to

comply with any of the provisions of this

chapter, of the lease, or of the general

regulations promulgated under this

chapter and in force at the date of the

lease; and the lease may provide for

resort to appropriate methods for the

settlement of disputes or for remedies for

breach of specified conditions thereof.

(b) Cancellation

Any lease issued after August 21, 1935,

under the provisions of section 226 of this

title shall be subject to cancellation by the

Secretary of the Interior after 30 days

notice upon the failure of the lessee to

comply with any of the provisions of the

lease, unless or until the leasehold
200 National Forest System Resource Management - Minerals and Miining

contains a well capable of production of

oil or gas in paying quantities, or the lease

is committed to an approved cooperative

or unit plan or communitization agreement

under section 226(m) of this title which

contains a well capable of production of

unitized substances in paying quantities.

Such notice in advance of cancellation

shall be sent the lease owner by registered letter directed to the lease owner’s

record post-office address, and in case

such letter shall be returned as undelivered, such notice shall also be posted for

a period of thirty days in the United

States land office for the district in which

the land covered by such lease is situated,

or in the event that there is no district

land office for such district, then in the

post office nearest such land. Notwithstanding the provisions of this section,

however, upon failure of a lessee to pay

rental on or before the anniversary date

of the lease, for any lease on which there

is no well capable of producing oil or gas

in paying quantities, the lease shall

automatically terminate by operation of

law: Provided, however, That when the

time for payment falls upon any day in

which the proper office for payment is

not open, payment may be received the

next official working day and shall be

considered as timely made: Provided,

That if the rental payment due under a

lease is paid on or before the anniversary

date but either (1) the amount of the

payment has been or is hereafter deficient and the deficiency is nominal, as

determined by the Secretary by regulation, or (2) the payment was calculated in

accordance with the acreage figure

stated in the lease, or in any decision

affecting the lease, or made in accordance with a bill or decision which has

been rendered by him and such figure,

bill, or decision is found to be in error

resulting in a deficiency, such lease shall

not automatically terminate unless (1) a

new lease had been issued prior to May

12, 1970, or (2) the lessee fails to pay the

deficiency within the period prescribed in

a notice of deficiency sent to him by the

Secretary.

(c) Reinstatement

Where any lease has been or is hereafter

terminated automatically by operation of

law under this section for failure to pay

on or before the anniversary date the full

amount of rental due, but such rental was

paid on or tendered within twenty days

thereafter, and it is shown to the satisfaction of the Secretary of the Interior that

such failure was either justifiable or not

due to a lack of reasonable diligence on

the part of the lessee, the Secretary may

reinstate the lease if

(1) a petition for reinstatement, together

with the required rental, including back

rental accruing from the date of termination of the lease, is filed with the

Secretary; and

(2) no valid lease has been issued

affecting any of the lands covered by

the terminated lease prior to the filing of

said petition. The Secretary shall not

issue any new lease affecting any of the

lands covered by such terminated lease

for a reasonable period, as determined

in accordance with regulations issued by

him. In any case where a reinstatement

of a terminated lease is granted under
National Forest System Resource Management - Minerals and Mining 201

this subsection and the Secretary finds

that the reinstatement of such lease will

not afford the lessee a reasonable

opportunity to continue operations under

the lease, the Secretary may, at his

discretion, extend the term of such lease

for such period as he deems reasonable:

Provided, That (A) such extension shall

not exceed a period equivalent to the

time beginning when the lessee knew or

should have known of the termination

and ending on the date the Secretary

grants such petition; (B) such extension

shall not exceed a period equal to the

unexpired portion of the lease or any

extension thereof remaining at the date

of termination; and (C) when the

reinstatement occurs after the expiration of the term or extension thereof the

lease may be extended from the date

the Secretary grants the petition.

(d) Additional grounds for reinstatement

(1) Where any oil and gas lease issued

pursuant to section 226(b) or (c) of this

title or the Mineral Leasing Act for

Acquired Lands (30 U.S.C. 351 et seq.)

has been, or is hereafter, terminated

automatically by operation of law under

this section for failure to pay on or

before the anniversary date the full

amount of the rental due, and such

rental is not paid or tendered within

twenty days thereafter, and it is shown

to the satisfaction of the Secretary of

the Interior that such failure was

justifiable or not due to lack of reasonable diligence on the part of the lessee,

or, no matter when the rental is paid

after termination, it is shown to the

satisfaction of the Secretary that such

failure was inadvertent, the Secretary

may reinstate the lease as of the date of

termination for the unexpired portion of

the primary term of the original lease or

any extension thereof remaining at the

date of termination, and so long thereafter as oil or gas is produced in paying

quantities. In any case where a lease is

reinstated under this subsection and the

Secretary finds that the reinstatement of

such lease (A) occurs after the expiration of the primary term or any extension thereof, or (B) will not afford the

lessee a reasonable opportunity to

continue operations under the lease, the

Secretary may, at his discretion, extend

the term of such lease for such period

as he deems reasonable, but in no event

for more than two years from the date

the Secretary authorizes the reinstatement and so long thereafter as oil or gas

is produced in paying quantities. (2) No

lease shall be reinstated under paragraph (1) of this subsection unless

(A) with respect to any lease that

terminated under subsection (b) of this

section prior to January 12, 1983:

(i) the lessee tendered rental prior to

January 12, 1983, and the final

determination that the lease terminated was made by the Secretary or

a court less than three years before

January 12, 1983, and (ii) a petition

for reinstatement together with the

required back rental and royalty

accruing from the date of termination, is filed with the Secretary on or

before the one hundred and twentieth day after January 12, 1983, or

(B) with respect to any lease that
202 National Forest System Resource Management - Minerals and Miining

terminated under subsection (b) of

this section on or after January 12,

1983, a petition for reinstatement

together with the required back

rental and royalty accruing from the

date of termination is filed on or

before the earlier of -

(i) sixty days after the lessee receives from the Secretary notice of

termination, whether by return of

check or by any other form of actual

notice, or

(ii) fifteen months after termination

of the lease.

(e) Conditions for reinstatement

Any reinstatement under subsection (d)

of this section shall be made only if these

conditions are met:

(1) no valid lease, whether still in

existence or not, shall have been issued

affecting any of the lands covered by

the terminated lease prior to the filing of

such petition: Provided, however, That

after receipt of a petition for reinstatement, the Secretary shall not issue any

new lease affecting any of the lands

covered by such terminated lease for a

reasonable period, as determined in

accordance with regulations issued by

him;

(2) payment of back rentals and either

the inclusion in a reinstated lease issued

pursuant to the provisions of section

226(b) of this title of a requirement for

future rentals at a rate of not less than

$10 per acre per year, or the inclusion in

a reinstated lease issued pursuant to the

provisions of section 226(c) of this title

of a requirement that future rentals shall

be at a rate not less than $5 per acre

per year, all as determined by the

Secretary;

(3)(A) payment of back royalties and

the inclusion in a reinstated lease

issued pursuant to the provisions of

section 226(b) of this title of a requirement for future royalties at a rate of

not less than 16 2/3 percent computed

on a sliding scale based upon the

average production per well per day,

at a rate which shall be not less than 4

percentage points greater than the

competitive royality 8

 schedule then in

force and used for royalty determination for competitive leases issued

pursuant to such section as determined

by the Secretary: Provided, That

royalty on such reinstated lease shall

be paid on all production removed or

sold from such lease subsequent to the

termination of the original lease;

(B) payment of back royalties and

inclusion in a reinstated lease issued

pursuant to the provisions of section

226(c) of this title of a requirement for

future royalties at a rate not less than

16 2/3 percent: Provided, That royalty

on such reinstated lease shall be paid

on all production removed or sold from

such lease subsequent to the cancellation or termination of the original

lease; and

(4) notice of the proposed reinstatement

of a terminated lease, including the

terms and conditions of reinstatement,

shall be published in the Federal Register at least thirty days in advance of the
National Forest System Resource Management - Minerals and Mining 203

reinstatement.

A copy of said notice, together with

information concerning rental, royalty,

volume of production, if any, and any

other matter which the Secretary deemed

significant in making this determination to

reinstate, shall be furnished to the Committee on Natural Resources of the

House of Representatives and the

Committee on Energy and Natural

Resources of the Senate at least thirty

days in advance of the reinstatement.

The lessee of a reinstated lease shall

reimburse the Secretary for the administrative costs of reinstating the lease, but

not to exceed $500. In addition the lessee

shall reimburse the Secretary for the cost

of publication in the Federal Register of

the notice of proposed reinstatement.

(f) Issuance of noncompetitive oil and

gas lease; conditions

Where an unpatented oil placer mining

claim validly located prior to February 24,

1920, which has been or is currently

producing or is capable of producing oil

or gas, has been or is hereafter deemed

conclusively abandoned for failure to file

timely the required instruments or copies

of instruments required by section 1744

of title 43, and it is shown to the satisfaction of the Secretary that such failure

was inadvertent, justifiable, or not due to

lack of reasonable diligence on the part

of the owner, the Secretary may issue,

for the lands covered by the abandoned

unpatented oil placer mining claim, a

noncompetitive oil and gas lease, consistent with the provisions of section 226(e)

of this title, to be effective from the

statutory date the claim was deemed

conclusively abandoned. Issuance of

such a lease shall be conditioned upon:

(1) a petition for issuance of a noncompetitive oil and gas lease, together with

the required rental and royalty, including

back rental and royalty accruing from

the statutory date of abandonment of

the oil placer mining claim, being filed

with the Secretary -

(A) with respect to any claim deemed

conclusively abandoned on or before

January 12, 1983, on or before the one

hundred and twentieth day after

January 12, 1983, or

(B) with respect to any claim deemed

conclusively abandoned after January

12, 1983, on or before the one hundred

and twentieth day after final notification by the Secretary or a court of

competent jurisdiction of the determination of the abandonment of the oil

placer mining claim;

(2) a valid lease not having been issued

affecting any of the lands covered by

the abandoned oil placer mining claim

prior to the filing of such petition:

Provided, however, That after the filing

of a petition for issuance of a lease

under this subsection, the Secretary

shall not issue any new lease affecting

any of the lands covered by such

abandoned oil placer mining claim for a

reasonable period, as determined in

accordance with regulations issued by

him;

(3) a requirement in the lease for

payment of rental, including back rentals

accruing from the statutory date of
204 National Forest System Resource Management - Minerals and Miining

abandonment of the oil placer mining

claim, of not less than $5 per acre per

year;

(4) a requirement in the lease for

payment of royalty on production

removed or sold from the oil placer

mining claim, including all royalty on

production made subsequent to the

statutory date the claim was deemed

conclusively abandoned, of not less than

12 1/2 percent; and

(5) compliance with the notice and

reimbursement of costs provisions of

paragraph (4) of subsection (e) of this

section but addressed to the petition

covering the conversion of an abandoned unpatented oil placer mining

claim to a noncompetitive oil and gas

lease.

(g) Treatment of leases

(1) Except as otherwise provided in this

section, a reinstated lease shall be

treated as a competitive or a noncompetitive oil and gas lease in the same

manner as the original lease issued

pursuant to section 226(b) or (c) of this

title.

(2) Except as otherwise provided in this

section, the issuance of a lease in lieu of

an abandoned patented oil placer mining

claim shall be treated as a noncompetitive oil and gas lease issued pursuant to

section 226(c) of this title.

(3) Notwithstanding any other provision

of law, any lease issued pursuant to

section 223 of this title shall be eligible

for reinstatement under the terms and

conditions set forth in subsections (c),

(d), and (e) of this section, applicable to

leases issued under section 226(c) of

this title except, that, upon reinstatement, such lease shall continue for

twenty years and so long thereafter as

oil or gas is produced in paying quantities.

(4) Notwithstanding any other provision

of law, any lease issued pursuant to

section 223 of this title shall, upon

renewal on or after November 15, 1990,

continue for twenty years and so long

thereafter as oil or gas is produced in

paying quantities.

(h) Statutory provisions applicable to

leases

The minimum royalty provisions of

section 226(m) of this title and the

provisions of section 209 of this title shall

be applicable to leases issued pursuant to

subsections (d) and (f) of this section.

(i) Royalty reductions

(1) In acting on a petition to issue a

noncompetitive oil and gas lease, under

subsection (f) of this section or in

response to a request filed after issuance of such a lease, or both, the

Secretary is authorized to reduce the

royalty on such lease if in his judgment

it is equitable to do so or the circumstances warrant such relief due to

uneconomic or other circumstances

which could cause undue hardship or

premature termination of production.

(2) In acting on a petition for reinstatement pursuant to subsection (d) of this

section or in response to a request filed

after reinstatement, or both, the Secretary is authorized to reduce the royalty
National Forest System Resource Management - Minerals and Mining 205

in that reinstated lease on the entire

leasehold or any tract or portion thereof

segregated for royalty purposes if, in his

judgment, there are uneconomic or

other circumstances which could cause

undue hardship or premature termination of production; or because of any

written action of the United States, its

agents or employees, which preceded,

and was a major consideration in, the

lessee’s expenditure of funds to develop

the property under the lease after the

rent had become due and had not been

paid; or if in the judgment of the Secretary it is equitable to do so for any

reason.

(j) Discretion of Secretary

Where, in the judgment of the Secretary

of the Interior, drilling operations were

being diligently conducted on the last day

of the primary term of the lease, and,

except for nonpayment of rental, the

lessee would have been entitled to

extension of his lease, pursuant to section

226-1(d) of this title, the Secretary of the

Interior may reinstate such lease notwithstanding the failure of the lessee to have

made payment of the next year’s rental,

provided the conditions of subparagraphs

(1) and (2) of subsection (c) of this

section are satisfied. (30 U.S.C. 188)

8

 So in original. Probably should be

“royalty”.

Rules and regulations; boundary

lines; State rights unaffected;

taxation

Sec. 32 The Secretary of the Interior is

authorized to prescribe necessary and

proper rules and regulations and to do

any and all things necessary to carry out

and accomplish the purposes of this

chapter, also to fix and determine the

boundary lines of any structure, or oil or

gas field, for the purposes of this chapter.

Nothing in this chapter shall be construed

or held to affect the rights of the States

or other local authority to exercise any

rights which they may have, including the

right to levy and collect taxes upon

improvements, output of mines, or other

rights, property, or assets of any lessee of

the United States. (30 U.S.C. 189)

Oath; requirement; form; blanks

Sec. 33 All statements, representations,

or reports required by the Secretary of

the Interior under this chapter shall be

upon oath, unless otherwise specified by

him, and in such form and upon such

blanks as the Secretary of the Interior

may require. (30 U.S.C. 190)

Lands disposed of with reservation

of deposits of coal, etc.

Sec. 34 The provisions of this chapter

shall also apply to all deposits of coal,

phosphate, sodium, oil, oil shale, gilsonite

(including all vein-type solid hydrocarbons), or gas in the lands of the United

States, which lands may have been or

may be disposed of under laws reserving

to the United States such deposits, with

the right to prospect for, mine, and

remove the same, subject to such conditions as are or may hereafter be provided

by such laws reserving such deposits. (30

U.S.C. 182)
206 National Forest System Resource Management - Minerals and Miining

Disposition of moneys received

Sec. 35 (a) All money received from

sales, bonuses, royalties including interest

charges collected under the Federal Oil

and Gas Royalty Management Act of

1982 (30 U.S.C. 1701 et seq.), and

rentals of the public lands under the

provisions of this chapter and the Geothermal Steam Act of 1970 (30 U.S.C.

1001 et seq.), shall be paid into the

Treasury of the United States; and,

subject to the provisions of subsection (b)

of this section, 50 per centum thereof

shall be paid by the Secretary of the

Treasury to the State other than Alaska

within the boundaries of which the leased

lands or deposits are or were located;

said moneys paid to any of such States

on or after January 1, 1976, to be used by

such State and its subdivisions, as the

legislature of the State may direct giving

priority to those subdivisions of the State

socially or economically impacted by

development of minerals leased under

this chapter, for (i) planning, (ii) construction and maintenance of public facilities,

and (iii) provision of public service; and

excepting those from Alaska, 40 per

centum thereof shall be paid into, reserved, appropriated, as part of the

reclamation fund created by the Act of

Congress known as the Reclamation Act,

approved June 17, 1902, and of those

from Alaska, 90 per centum thereof shall

be paid to the State of Alaska for disposition by the legislature thereof: Provided,

That all moneys which may accrue to the

United States under the provisions of this

chapter and the Geothermal Steam Act

of 1970 from lands within the naval

petroleum reserves shall be deposited in

the Treasury as “miscellaneous receipts”,

as provided by section 7433(b) of title 10.

All moneys received under the provisions

of this chapter and the Geothermal Steam

Act of 1970 not otherwise disposed of by

this section shall be credited to miscellaneous receipts. Payments to States under

this section with respect to any moneys

received by the United States, shall be

made not later than the last business day

of the month in which such moneys are

warranted by the United States Treasury

to the Secretary as having been received,

except for any portion of such moneys

which is under challenge and placed in a

suspense account pending resolution of a

dispute. Such warrants shall be issued by

the United States Treasury not later than

10 days after receipt of such moneys by

the Treasury. Moneys placed in a suspense account which are determined to

be payable to a State shall be made not

later than the last business day of the

month in which such dispute is resolved.

Any such amount placed in a suspense

account pending resolution shall bear

interest until the dispute is resolved.

(b) In determining the amount of payments to the States under this section, the

amount of such payments shall not be

reduced by any administrative or other

costs incurred by the United States. (30

U.S.C. 191)

Payment of royalties in oil or gas;

sale of such oil or gas

Sec. 36 All royalty accruing to the United

States under any oil or gas lease or

permit under this chapter on demand of
National Forest System Resource Management - Minerals and Mining 207

the Secretary of the Interior shall be paid

in oil or gas.

Upon granting any oil or gas lease under

this chapter, and from time to time

thereafter during said lease, the Secretary of the Interior shall, except whenever in his judgment it is desirable to

retain the same for the use of the United

States, offer for sale for such period as

he may determine, upon notice and

advertisement on sealed bids or at public

auction, all royalty oil and gas accruing or

reserved to the United States under such

lease. Such advertisement and sale shall

reserve to the Secretary of the Interior

the right to reject all bids whenever

within his judgment the interest of the

United States demands; and in cases

where no satisfactory bid is received or

where the accepted bidder fails to

complete the purchase, or where the

Secretary of the Interior shall determine

that it is unwise in the public interest to

accept the offer of the highest bidder, the

Secretary of the Interior, within his

discretion, may readvertise such royalty

for sale, or sell at private sale at not less

than the market price for such period, or

accept the value thereof from the lessee:

Provided, That inasmuch as the public

interest will be served by the sale of

royalty oil to refineries not having their

own source of supply for crude oil, the

Secretary of the Interior, when he

determines that sufficient supplies of

crude oil are not available in the open

market to such refineries, is authorized

and directed to grant preference to such

refineries in the sale of oil under the

provisions of this section, for processing

or use in such refineries and not for

resale in kind, and in so doing may sell to

such refineries at private sale at not less

than the market price any royalty oil

accruing or reserved to the United States

under leases issued pursuant to this

chapter: Provided further, That in selling

such royalty oil the Secretary of the

Interior may at his discretion prorate such

oil among such refineries in the area in

which the oil is produced: Provided,

however, That pending the making of a

permanent contract for the sale of any

royalty, oil or gas as herein provided, the

Secretary of the Interior may sell the

current product at private sale, at not less

than the market price: And provided

further, That any royalty, oil, or gas may

be sold at not less than the market price

at private sale to any department or

agency of the United States. (30 U.S.C.

192)

Application to contracts

Sec. 37 The deposits of coal, phosphate,

sodium, potassium, oil, oil shale, and gas,

herein referred to, in lands valuable for

such minerals, including lands and deposits in Lander, Wyoming, coal entries

numbered 18 to 49, inclusive, shall be

subject to disposition only in the form and

manner provided in this chapter, except

as provided in sections 1716 and 1719 of

title 43, and except as to valid claims

existent on February 25, 1920, and

thereafter maintained in compliance with

the laws under which initiated, which

claims may be perfected under such

laws, including discovery. (30 U.S.C.

193)
208 National Forest System Resource Management - Minerals and Miining

Suspension, waiver, or reduction of

rents or royalties to promote

development or operation; extension

of lease on suspension of operations

and production

Sec. 39 The Secretary of the Interior, for

the purpose of encouraging the greatest

ultimate recovery of coal, oil, gas, oil

shale, gilsonite (including all vein-type

solid hydrocarbons), phosphate, sodium,

potassium and sulfur, and in the interest

of conservation of natural resources, is

authorized to waive, suspend, or reduce

the rental, or minimum royalty, or reduce

the royalty on an entire leasehold, or on

any tract or portion thereof segregated

for royalty purposes, whenever in his

judgment it is necessary to do so in order

to promote development, or whenever in

his judgment the leases cannot be successfully operated under the terms

provided therein. 9

 Provided, however,

That in order to promote development

and the maximum production of tar sand,

at the request of the lessee, the Secretary

shall review, prior to commencement of

commercial operations, the royalty rates

established in each combined hydrocarbon lease issued in special tar sand areas.

For purposes of this section, the term “tar

sand” means any consolidated or unconsolidated rock (other than coal, oil shale,

or gilsonite) that either:

(1) contains a hydrocarbonaceous

material with a gas-free viscosity, at

original reservoir temperature, greater

than 10,000 centipoise, or

(2) contains a hydrocarbonaceous

material and is produced by mining or

quarrying. In the event the Secretary of

the Interior, in the interest of conservation, shall direct or shall assent to the

suspension of operations and production

under any lease granted under the terms

of this chapter, any payment of acreage

rental or of minimum royalty prescribed

by such lease likewise shall be suspended during such period of suspension

of operations and production; and the

term of such lease shall be extended by

adding any such suspension period

thereto. The provisions of this section

shall apply to all oil and gas leases

issued under this chapter, including

those within an approved or prescribed

plan for unit or cooperative development

and operation. Nothing in this section

shall be construed as granting to the

Secretary the authority to waive,

suspend, or reduce advance royalties.

(30 U.S.C. 209)

9

 So in original. The period probably

should be a colon.

Water struck while drilling for oil and

gas

Sec. 40 (a) Acquisition; condition in lease

All prospecting permits and leases for oil

or gas made or issued under the provisions of this chapter shall be subject to

the condition that in case the permittee or

lessee strikes water while drilling instead

of oil or gas, the Secretary of the Interior

may, when such water is of such quality

and quantity as to be valuable and usable

at a reasonable cost for agricultural,

domestic, or other purposes, purchase the

casing in the well at the reasonable value

thereof to be fixed under rules and
National Forest System Resource Management - Minerals and Mining 209

regulations to be prescribed by the

Secretary.

(b) Prior leases

In cases where water wells producing

such water have heretofore been or may

hereafter be drilled upon lands embraced

in any prospecting permit or lease heretofore issued under this chapter, the

Secretary may in like manner purchase

the casing in such wells.

(c) Disposition

The Secretary may make such purchase

and may lease or operate such wells for

the purpose of producing water and of

using the same on the public lands or of

disposing of such water for beneficial use

on other lands, and where such wells

have heretofore been plugged or abandoned or where such wells have been

drilled prior to the issuance of any permit

or lease by persons not in privity with the

permittee or lessee, the Secretary may

develop the same for the purposes of this

section: Provided, That owners or occupants of lands adjacent to those upon

which such water wells may be developed shall have a preference right to

make beneficial use of such water.

(d) Revolving fund

The Secretary may use so much of any

funds available for the plugging of wells

as he may find necessary to start the

program provided for by this section, and

thereafter he may use the proceeds from

the sale or other disposition of such water

as a revolving fund for the continuation of

such program, and such proceeds are

hereby appropriated for such purpose.

(e) Operations under lease not restricted

Nothing in this section shall be construed

to restrict operations under any oil or gas

lease or permit under any other provision

of this chapter. (30 U.S.C. 229a)

Enforcement

Sec. 41 (a) Violations

It shall be unlawful for any person: (1) to

organize or participate in any scheme,

arrangement, plan, or agreement to

circumvent or defeat the provisions of

this chapter or its implementing regulations, or (2) to seek to obtain or to obtain

any money or property by means of false

statements of material facts or by failing

to state material facts concerning:

(A) the value of any lease or portion

thereof issued or to be issued under

this chapter;

(B) the availability of any land for

leasing under this chapter;

(C) the ability of any person to obtain

leases under this chapter; or

(D) the provisions of this chapter and

its implementing regulations.

(b) Penalty

Any person who knowingly violates the

provisions of subsection (a) of this

section shall be punished by a fine of not

more than $500,000, imprisonment for not

more than five years, or both.

(c) Civil actions

Whenever it shall appear that any person

is engaged, or is about to engage, in any

act which constitutes or will constitute a
210 National Forest System Resource Management - Minerals and Miining

violation of subsection (a) of this section,

the Attorney General may institute a civil

action in the district court of the United

States for the judicial district in which the

defendant resides or in which the violation occurred or in which the lease or

land involved is located, for a temporary

restraining order, injunction, civil penalty

of not more than $100,000 for each

violation, or other appropriate remedy,

including but not limited to, a prohibition

from participation in exploration, leasing,

or development of any Federal mineral,

or any combination of the foregoing.

(d) Corporations

(1) Whenever a corporation or other

entity is subject to civil or criminal

action under this section, any officer,

employee, or agent of such corporation

or entity who knowingly authorized,

ordered, or carried out the proscribed

activity shall be subject to the same

action.

(2) Whenever any officer, employee, or

agent of a corporation or other entity is

subject to civil or criminal action under

this section for activity conducted on

behalf of the corporation or other entity,

the corporation or other entity shall be

subject to the same action, unless it is

shown that the officer, employee, or

agent was acting without the knowledge

or consent of the corporation or other

entity.

(e) Remedies, fines, and imprisonment

The remedies, penalties, fines, and

imprisonment prescribed in this section

shall be concurrent and cumulative and

the exercise of one shall not preclude the

exercise of the others. Further, the

remedies, penalties, fines, and imprisonment prescribed in this section shall be in

addition to any other remedies, penalties,

fines, and imprisonment afforded by any

other law or regulation.

(f) State civil actions

(1) A State may commence a civil

action under subsection (c) of this

section against any person conducting

activity within the State in violation of

this section. Civil actions brought by a

State shall only be brought in the United

States district court for the judicial

district in which the defendant resides

or in which the violation occurred or in

which the lease or land involved is

located. The district court shall have

jurisdiction, without regard to the

amount in controversy or the citizenship

of the parties, to order appropriate

remedies and penalties as described in

subsection (c) of this section.

(2) A State shall notify the Attorney

General of the United States of any civil

action filed by the State under this

subsection within 30 days of filing of the

action. The Attorney General of the

United States shall notify a State of any

civil action arising from activity conducted within that State filed by the

Attorney General under this subsection

within 30 days of filing of the action.

(3) Any civil penalties recovered by a

State under this subsection shall be

retained by the State and may be

expended in such manner and for such

purposes as the State deems appropriate. If a civil action is jointly brought by
National Forest System Resource Management - Minerals and Mining 211

the Attorney General and a State, by

more than one State or by the Attorney

General and more than one State, any

civil penalties recovered as a result of

the joint action shall be shared by the

parties bringing the action in the manner

determined by the court rendering

judgment in such action.

(4) If a State has commenced a civil

action against a person conducting

activity within the State in violation of

this section, the Attorney General may

join in such action but may not institute

a separate action arising from the same

activity under this section. If the Attorney General has commenced a civil

action against a person conducting

activity within a State in violation of this

section, that State may join in such

action but may not institute a separate

action arising from the same activity

under this section.

(5) Nothing in this section shall deprive

a State of jurisdiction to enforce its own

civil and criminal laws against any

person who may also be subject to civil

and criminal action under this section.

(30 U.S.C. 195)

Limitations for filing oil and gas

contests

Sec. 42 No action contesting a decision

of the Secretary involving any oil and gas

lease shall be maintained unless such

action is commenced or taken within

ninety days after the final decision of the

Secretary relating to such matter. No

such action contesting such a decision of

the Secretary rendered prior to September 2, 1960 shall be maintained unless the

same be commenced or taken within

ninety days after September 2, 1960. (30

U.S.C. 226-2)

Lands not subject to oil and gas

leasing

Sec. 43 (a) Prohibition

The Secretary shall not issue any lease

under this chapter or under the Geothermal Steam Act of 1970 (30 U.S.C. 1001

et seq.) on any of the following Federal

lands:

(1) Lands recommended for wilderness

allocation by the surface managing

agency.

(2) Lands within Bureau of Land

Management wilderness study areas.

(3) Lands designated by Congress as

wilderness study areas, except where

oil and gas leasing is specifically allowed to continue by the statute designating the study area.

(4) Lands within areas allocated for

wilderness or further planning in Executive Communication 1504, Ninety-Sixth

Congress (House Document numbered

96-119), unless such lands are allocated

to uses other than wilderness by a land

and resource management plan or have

been released to uses other than

wilderness by an act of Congress.

(b) Exploration

In the case of any area of National

Forest or public lands subject to this

section, nothing in this section shall affect

any authority of the Secretary of the

Interior (or for National Forest Lands
212 National Forest System Resource Management - Minerals and Miining

reserved from the public domain, the

Secretary of Agriculture) to issue permits

for exploration for oil and gas, coal, oil

shale, phosphate, potassium, sulphur,

gilsonite or geothermal resources by

means not requiring construction of roads

or improvement of existing roads if such

activity is conducted in a manner compatible with the preservation of the wilderness environment. (30 U.S.C. 226-3)

Short Title

Sec. 44 ’This Act may be cited as the

Mineral Leasing Act’. (30 U.S.C. 181

note)
National Forest System Resource Management - Minerals and Mining 213

Minerals Act of 1947

July 31, 1947 (Ch. 406, 61 Stat. 681; 30 U.S.C. 601 to 604)

Rules and regulations governing disposal of materials; payment; removal

without charge; lands excluded

Sec. 1 The Secretary, under such rules

and regulations as he may prescribe, may

dispose of mineral materials (including but

not limited to common varieties of the

following: sand, stone, gravel, pumice,

pumicite, cinders, and clay) and vegetative materials (including but not limited to

yucca, manzanita, mesquite, cactus, and

timber or other forest products) on public

lands of the United States, including, for

the purposes of this subchapter, land

described in subchapter V of chapter 28

of title 43, if the disposal of such mineral

or vegetative materials (1) is not otherwise expressly authorized by law, including, but not limited to, subchapter I of

chapter 8A of title 43, and the United

States mining laws, and (2) is not expressly prohibited by laws of the United

States, and (3) would not be detrimental

to the public interest. Such materials may

be disposed of only in accordance with

the provisions of this subchapter and upon

the payment of adequate compensation

therefor, to be determined by the Secretary: Provided, however, That, to the

extent not otherwise authorized by law,

the Secretary is authorized in his discretion to permit any Federal, State, or

Territorial agency, unit or subdivision,

including municipalities, or any association

or corporation not organized for profit, to

take and remove, without charge, materials and resources subject to this subchapter, for use other than for commercial or

industrial purposes or resale. Where the

lands have been withdrawn in aid of a

function of a Federal department or

agency other than the department headed

by the Secretary or of a State, Territory,

county, municipality, water district or

other local governmental subdivision or

agency, the Secretary may make disposals under this subchapter only with the

consent of such other Federal department

or agency or of such State, Territory, or

local governmental unit. Nothing in this

subchapter shall be construed to apply to

lands in any national park, or national

monument or to any Indian lands, or lands

set aside or held for the use or benefit of

Indians, including lands over which

jurisdiction has been transferred to the

Department of the Interior by Executive

order for the use of Indians. As used in

this subchapter, the word “Secretary”

means the Secretary of the Interior

except that it means the Secretary of

Agriculture where the lands involved are

administered by him for national forest

purposes or for the purposes of title III of

the Bankhead-Jones Farm Tenant Act (7

U.S.C. 1010 et seq.) or where withdrawn

for the purpose of any other function of

the Department of Agriculture. (30

U.S.C. 601)

Bidding; advertising and other

notice; conditions for negotiation of

contract
214 National Forest System Resource Management - Minerals and Miining

Sec. 2 (a) The Secretary shall dispose of

materials under this subchapter to the

highest responsible qualified bidder after

formal advertising and such other public

notice as he deems appropriate: Provided,

however, That the Secretary may authorize negotiation of a contract for the

disposal of materials if -

(1) the contract is for the sale of less

than two hundred fifty thousand boardfeet of timber; or, if

(2) the contract is for the disposal of

materials to be used in connection with

a public works improvement program on

behalf of a Federal, State or local

governmental agency and the public

exigency will not permit the delay

incident to advertising; or, if

(3) the contract is for the disposal of

property for which it is impracticable to

obtain competition.

(b) Repealed

Disposition of moneys from disposal

of materials

Sec. 3 All moneys received from the

disposal of materials under this subchapter shall be disposed of in the same

manner as moneys received from the sale

of public lands, except that moneys

received from the disposal of materials by

the Secretary of Agriculture shall be

disposed of in the same manner as other

moneys received by the Department of

Agriculture from the administration of the

lands from which the disposal of materials

is made, and except that revenues from

the lands described in subchapter V of

chapter 28 of title 43, shall be disposed of

in accordance with said sections and

except that moneys received from the

disposal of materials from school section

lands in Alaska, reserved under section 1

of the Act of March 4, 1915 (38 Stat.

1214), shall be set apart as separate and

permanent funds in the Territorial Treasury, as provided for income derived from

said school section lands pursuant to said

Act. (30 U.S.C. 603)

Disposal of sand, peat moss, etc., in

Alaska; contracts

Sec. 4 Subject to the provisions of this

subchapter, the Secretary may dispose of

sand, stone, gravel, and vegetative

materials located below highwater mark

of navigable waters of the Territory of

Alaska. Any contract, unexecuted in

whole or in part, for the disposal under

this subchapter of materials from land,

title to which is transferred to a future

State upon its admission to the Union, and

which is situated within its boundaries,

may be terminated or adopted by such

State. (30 U.S.C. 604)
National Forest System Resource Management - Minerals and Mining 215

Multiple Use Mining Act of 1955

July 23, 1955 (Ch. 375, 69 Stat. 367; 30 U.S.C. 601, 603, 611

to 615)

Rules and regulations governing

disposal of materials; payment;

removal without charge; lands

excluded

Sec. 1 The Secretary, under such rules

and regulations as he may prescribe, may

dispose of mineral materials (including but

not limited to common varieties of the

following: sand, stone, gravel, pumice,

pumicite, cinders, and clay) and vegetative materials (including but not limited to

yucca, manzanita, mesquite, cactus, and

timber or other forest products) on public

lands of the United States, including, for

the purposes of this subchapter, land

described in subchapter V of chapter 28

of title 43, if the disposal of such mineral

or vegetative materials (1) is not otherwise expressly authorized by law, including, but not limited to, subchapter I of

chapter 8A of title 43, and the United

States mining laws, and (2) is not expressly prohibited by laws of the United

States, and (3) would not be detrimental

to the public interest. Such materials may

be disposed of only in accordance with

the provisions of this subchapter and upon

the payment of adequate compensation

therefor, to be determined by the Secretary: Provided, however, That, to the

extent not otherwise authorized by law,

the Secretary is authorized in his discretion to permit any Federal, State, or

Territorial agency, unit or subdivision,

including municipalities, or any association

or corporation not organized for profit, to

take and remove, without charge, materials and resources subject to this subchapter, for use other than for commercial or

industrial purposes or resale. Where the

lands have been withdrawn in aid of a

function of a Federal department or

agency other than the department headed

by the Secretary or of a State, Territory,

county, municipality, water district or

other local governmental subdivision or

agency, the Secretary may make disposals under this subchapter only with the

consent of such other Federal department

or agency or of such State, Territory, or

local governmental unit. Nothing in this

subchapter shall be construed to apply to

lands in any national park, or national

monument or to any Indian lands, or lands

set aside or held for the use or benefit of

Indians, including lands over which

jurisdiction has been transferred to the

Department of the Interior by Executive

order for the use of Indians. As used in

this subchapter, the word “Secretary”

means the Secretary of the Interior

except that it means the Secretary of

Agriculture where the lands involved are

administered by him for national forest

purposes or for the purposes of title III of

the Bankhead-Jones Farm Tenant Act (7

U.S.C. 1010 et seq.) or where withdrawn

for the purpose of any other function of

the Department of Agriculture. (30

U.S.C. 601)
216 National Forest System Resource Management - Minerals and Miining

Disposition of moneys from disposal

of materials

Sec. 2 All moneys received from the

disposal of materials under this subchapter shall be disposed of in the same

manner as moneys received from the sale

of public lands, except that moneys

received from the disposal of materials by

the Secretary of Agriculture shall be

disposed of in the same manner as other

moneys received by the Department of

Agriculture from the administration of the

lands from which the disposal of materials

is made, and except that revenues from

the lands described in subchapter V of

chapter 28 of title 43, shall be disposed of

in accordance with said sections and

except that moneys received from the

disposal of materials from school section

lands in Alaska, reserved under section 1

of the Act of March 4, 1915 (38 Stat.

1214), shall be set apart as separate and

permanent funds in the Territorial Treasury, as provided for income derived from

said school section lands pursuant to said

Act. (30 U.S.C. 603)

Common varieties of sand, stone,

gravel, pumice, pumicite, or cinders,

and petrified wood

Sec. 3 No deposit of common varieties of

sand, stone, gravel, pumice, pumicite, or

cinders and no deposit of petrified wood

shall be deemed a valuable mineral

deposit within the meaning of the mining

laws of the United States so as to give

effective validity to any mining claim

hereafter located under such mining laws:

Provided, however, That nothing herein

shall affect the validity of any mining

location based upon discovery of some

other mineral occurring in or in association with such a deposit. “Common

varieties” as used in this subchapter and

sections 601 and 603 of this title does not

include deposits of such materials which

are valuable because the deposit has

some property giving it distinct and

special value and does not include socalled “block pumice” which occurs in

nature in pieces having one dimension of

two inches or more. “Petrified wood” as

used in this subchapter and sections 601

and 603 of this title means agatized,

opalized, petrified, or silicified wood, or

any material formed by the replacement

of wood by silica or other matter. (30

U.S.C. 611)

Unpatented mining claims

Sec. 4 (a) Prospecting, mining or processing operations

Any mining claim hereafter located under

the mining laws of the United States shall

not be used, prior to issuance of patent

therefor, for any purposes other than

prospecting, mining or processing operations and uses reasonably incident

thereto.

(b) Reservations in the United States to

use of the surface and surface resources

Rights under any mining claim hereafter

located under the mining laws of the

United States shall be subject, prior to

issuance of patent therefor, to the right of

the United States to manage and dispose

of the vegetative surface resources

thereof and to manage other surface

resources thereof (except mineral depos-
National Forest System Resource Management - Minerals and Mining 217

its subject to location under the mining

laws of the United States). Any such

mining claim shall also be subject, prior to

issuance of patent therefor, to the right of

the United States, its permittees, and

licensees, to use so much of the surface

thereof as may be necessary for such

purposes or for access to adjacent land:

Provided, however, That any use of the

surface of any such mining claim by the

United States, its permittees or licensees,

shall be such as not to endanger or

materially interfere with prospecting,

mining or processing operations or uses

reasonably incident thereto: Provided

further, That if at any time the locator

requires more timber for his mining

operations than is available to him from

the claim after disposition of timber

therefrom by the United States, subsequent to the location of the claim, he shall

be entitled, free of charge, to be supplied

with timber for such requirements from

the nearest timber administered by the

disposing agency which is ready for

harvesting under the rules and regulations

of that agency and which is substantially

equivalent in kind and quantity to the

timber estimated by the disposing agency

to have been disposed of from the claim:

Provided further, That nothing in this

subchapter and sections 601 and 603 of

this title shall be construed as affecting or

intended to affect or in any way interfere

with or modify the laws of the States

which lie wholly or in part westward of

the ninety-eighth meridian relating to the

ownership, control, appropriation, use, and

distribution of ground or surface waters

within any unpatented mining claim.

(c) Severance or removal of timber

Except to the extent required for the

mining claimant’s prospecting, mining or

processing operations and uses reasonably incident thereto, or for the construction of buildings or structures in connection therewith, or to provide clearance for

such operations or uses, or to the extent

authorized by the United States, no

claimant of any mining claim hereafter

located under the mining laws of the

United States shall, prior to issuance of

patent therefor, sever, remove, or use any

vegetative or other surface resources

thereof which are subject to management

or disposition by the United States under

subsection (b) of this section. Any

severance or removal of timber which is

permitted under the exceptions of the

preceding sentence, other than severance

or removal to provide clearance, shall be

in accordance with sound principles of

forest management. (30 U.S.C. 612)

Procedure for determining title

uncertainties

Sec. 5 (a) Notice to mining claimants;

request; publication; service

The head of a Federal department or

agency which has the responsibility for

administering surface resources of any

lands belonging to the United States may

file as to such lands in the office of the

Secretary of the Interior, or in such office

as the Secretary of the Interior may

designate, a request for publication of

notice to mining claimants, for determination of surface rights, which request shall

contain a description of the lands covered

thereby, showing the section or sections
218 National Forest System Resource Management - Minerals and Miining

of the public land surveys which embrace

the lands covered by such request, or if

such lands are unsurveyed, either the

section or sections which would probably

embrace such lands when the public land

surveys are extended to such lands or a

tie by courses and distances to an approved United States mineral monument.

The filing of such request for publication

shall be accompanied by an affidavit or

affidavits of a person or persons over

twenty-one years of age setting forth that

the affiant or affiants have examined the

lands involved in a reasonable effort to

ascertain whether any person or persons

were in actual possession of or engaged

in the working of such lands or any part

thereof, and, if no person or persons were

found to be in actual possession of or

engaged in the working of said lands or

any part thereof on the date of such

examination, setting forth such fact, or, if

any person or persons were so found to

be in actual possession or engaged in

such working on the date of such examination, setting forth the name and address

of each such person, unless affiant shall

have been unable through reasonable

inquiry to obtain information as to the

name and address of any such person, in

which event the affidavit shall set forth

fully the nature and results of such

inquiry.

The filing of such request for publication

shall also be accompanied by the certificate of a title or abstract company, or of a

title abstractor, or of an attorney, based

upon such company’s abstractor’s, or

attorney’s examination of those instruments which are shown by the tract

indexes in the county office of record as

affecting the lands described in said

request, setting forth the name of any

person disclosed by said instruments to

have an interest in said lands under any

unpatented mining claim heretofore

located, together with the address of such

person if such address is disclosed by

such instruments of record. “Tract

indexes” as used herein shall mean those

indexes, if any, as to surveyed lands

identifying instruments as affecting a

particular legal subdivision of the public

land surveys, and as to unsurveyed lands

identifying instruments as affecting a

particular probable legal subdivision

according to a projected extension of the

public land surveys.

Thereupon the Secretary of the Interior,

at the expense of the requesting department or agency, shall cause notice to

mining claimants to be published in a

newspaper having general circulation in

the county in which the lands involved are

situate.

Such notice shall describe the lands

covered by such request, as provided

heretofore, and shall notify whomever it

may concern that if any person claiming

or asserting under, or by virtue of, any

unpatented mining claim heretofore

located, rights as to such lands or any part

thereof, shall fail to file in the office

where such request for publication was

filed (which office shall be specified in

such notice) and within one hundred and

fifty days from the date of the first

publication of such notice (which date

shall be specified in such notice), a

verified statement which shall set forth,
National Forest System Resource Management - Minerals and Mining 219

as to such unpatented mining claim -

(1) the date of location;

(2) the book and page of recordation of

the notice or certificate of location;

(3) the section or sections of the public

land surveys which embrace such

mining claims; or if such lands are

unsurveyed, either the section or

sections which would probably embrace

such mining claim when the public land

surveys are extended to such lands or a

tie by courses and distances to an

approved United States mineral monument;

(4) whether such claimant is a locator

or purchaser under such location; and

(5) the name and address of such

claimant and names and addresses so

far as known to the claimant of any

other person or persons claiming any

interest or interests in or under such

unpatented mining claim;

such failure shall be conclusively deemed

(i) to constitute a waiver and relinquishment by such mining claimant of any

right, title, or interest under such mining

claim contrary to or in conflict with the

limitations or restrictions specified in

section 612 of this title as to hereafter

located unpatented mining claims, and (ii)

to constitute a consent by such mining

claimant that such mining claim, prior to

issuance of patent therefor, shall be

subject to the limitations and restrictions

specified in section 612 of this title as to

hereafter located unpatented mining

claims, and (iii) to preclude thereafter,

prior to issuance of patent, any assertion

by such mining claimant of any right or

title to or interest in or under such mining

claim contrary to or in conflict with the

limitations or restrictions specified in

section 612 of this title as to hereafter

located unpatented mining claims.

If such notice is published in a daily paper,

it shall be published in the Wednesday

issue for nine consecutive weeks, or, if in

a weekly paper, in nine consecutive

issues, or if in a semiweekly or triweekly

paper, in the issue of the same day of

each week for nine consecutive weeks.

Within fifteen days after the date of first

publication of such notice, the department

or agency requesting such publication (1)

shall cause a copy of such notice to be

personally delivered to or to be mailed by

registered mail or by certified mail

addressed to each person in possession or

engaged in the working of the land whose

name and address is shown by an affidavit filed as aforesaid, and to each person

who may have filed, as to any lands

described in said notice, a request for

notices, as provided in subsection (d) of

this section, and shall cause a copy of

such notice to be mailed by registered

mail or by certified mail to each person

whose name and address is set forth in

the title or abstract company’s or title

abstractor’s or attorney’s certificate filed

as aforesaid, as having an interest in the

lands described in said notice under any

unpatented mining claim heretofore

located, such notice to be directed to such

person’s address as set forth in such

certificate; and (2) shall file in the office

where said request for publication was

filed an affidavit showing that copies have
220 National Forest System Resource Management - Minerals and Miining

been so delivered or mailed.

(b) Failure to file verified statement

If any claimant under any unpatented

mining claim heretofore located which

embraces any of the lands described in

any notice published in accordance with

the provisions of subsection (a) of this

section, shall fail to file a verified statement, as provided in such subsection (a),

within one hundred and fifty days from

the date of the first publication of such

notice, such failure shall be conclusively

deemed, except as otherwise provided in

subsection (e) of this section, (i) to

constitute a waiver and relinquishment by

such mining claimant of any right, title, or

interest under such mining claim contrary

to or in conflict with the limitations or

restrictions specified in section 612 of this

title as to hereafter located unpatented

mining claims, and (ii) to constitute a

consent by such mining claimant that such

mining claim, prior to issuance of patent

therefor, shall be subject to the limitations

and restrictions specified in section 612 of

this title as to hereafter located unpatented mining claims, and (iii) to preclude

thereafter, prior to issuance of patent, any

assertion by such mining claimant of any

right or title to or interest in or under such

mining claim contrary to or in conflict

with the limitations or restrictions specified in section 612 of this title as to

hereafter located unpatented mining

claims.

(c) Hearings

If any verified statement shall be filed by

a mining claimant as provided in subsection (a) of this section, then the Secretary

of Interior shall fix a time and place for a

hearing to determine the validity and

effectiveness of any right or title to, or

interest in or under such mining claim,

which the mining claimant may assert

contrary to or in conflict with the limitations and restrictions specified in section

612 of this title as to hereafter located

unpatented mining claims, which place of

hearing shall be in the county where the

lands in question or parts thereof are

located, unless the mining claimant agrees

otherwise. Where verified statements are

filed asserting rights to an aggregate of

more than twenty mining claims, any

single hearing shall be limited to a maximum of twenty mining claims unless the

parties affected shall otherwise stipulate

and as many separate hearing 1

 shall be

set as shall be necessary to comply with

this provision. The procedures with

respect to notice of such a hearing and

the conduct thereof, and in respect to

appeals shall follow the then established

general procedures and rules of practice

of the Department of the Interior in

respect to contests or protests affecting

public lands of the United States. If,

pursuant to such a hearing the final

decision rendered in the matter shall

affirm the validity and effectiveness of

any mining claimant’s so asserted right or

interest under the mining claim, then no

subsequent proceedings under this section

shall have any force or effect upon the

so-affirmed right or interest of such

mining claimant under such mining claim.

If at any time prior to a hearing the

department or agency requesting publication of notice and any person filing a

verified statement pursuant to such notice
National Forest System Resource Management - Minerals and Mining 221

shall so stipulate, then to the extent so

stipulated, but only to such extent, no

hearing shall be held with respect to rights

asserted under that verified statement,

and to the extent defined by the stipulation the rights asserted under that verified

statement shall be deemed to be unaffected by that particular published notice.

(d) Request for copy of notice

Any person claiming any right under or by

virtue of any unpatented mining claim

heretofore located and desiring to receive

a copy of any notice to mining claimants

which may be published as provided in

subsection (a) of this section, and which

may affect lands embraced in such

mining claim, may cause to be filed for

record in the county office of record

where the notice or certificate of location

of such mining claim shall have been

recorded, a duly acknowledged request

for a copy of any such notice. Such

request for copies shall set forth the name

and address of the person requesting

copies and shall also set forth, as to each

heretofore located unpatented mining

claim under which such person asserts

rights -

(1) the date of location;

(2) the book and page of the recordation

of the notice or certificate of location;

and

(3) the section or sections of the public

land surveys which embrace such

mining claim; or if such lands are

unsurveyed, either the section or

sections which would probably embrace

such mining claim when the public land

surveys are extended to such lands or a

tie by courses and distances to an

approved United States mineral monument.

Other than in respect to the requirements

of subsection (a) of this section as to

personal delivery or mailing of copies of

notices and in respect to the provisions of

subsection (e) of this section, no such

request for copies of published notices

and no statement or allegation in such

request and no recordation thereof shall

affect title to any mining claim or to any

land or be deemed to constitute constructive notice to any person that the person

requesting copies has, or claims, any right,

title, or interest in or under any mining

claim referred to in such request.

(e) Failure to deliver or mail copy of

notice

If any department or agency requesting

publication shall fail to comply with the

requirements of subsection (a) of this

section as to the personal delivery or

mailing of a copy of notice to any person,

the publication of such notice shall be

deemed wholly ineffectual as to that

person or as to the rights asserted by that

person and the failure of that person to

file a verified statement, as provided in

such notice, shall in no manner affect,

diminish, prejudice or bar any rights of

that person. (30 U.S.C. 613)

1

 So in original. Probably should be

“hearings”.

Waiver of rights

Sec. 6 The owner or owners of any

unpatented mining claim heretofore

located may waive and relinquish all
222 National Forest System Resource Management - Minerals and Miining

rights thereunder which are contrary to or

in conflict with the limitations or restrictions specified in section 612 of this title

as to hereafter located unpatented mining

claims. The execution and acknowledgment of such a waiver and relinquishment

by such owner or owners and the recordation thereof in the office where the

notice or certificate of location of such

mining claim is of record shall render

such mining claim thereafter and prior to

issuance of patent subject to the limitations and restrictions in section 612 of this

title in all respects as if said mining claim

had been located after July 23, 1955, but

no such waiver or relinquishment shall be

deemed in any manner to constitute any

concession as to the date of priority of

rights under said mining claim or as to the

validity thereof. (30 U.S.C. 614)

Limitation of existing rights

Sec. 7 Nothing in this subchapter and

sections 601 and 603 of this title shall be

construed in any manner to limit or

restrict or to authorize the limitation or

restriction of any existing rights of any

claimant under any valid mining claim

heretofore located, except as such rights

may be limited or restricted as a result of

a proceeding pursuant to section 613 of

this title, or as a result of a waiver and

relinquishment pursuant to section 614 of

this title; and nothing in this subchapter

and sections 601 and 603 of this title shall

be construed in any manner to authorized

inclusion in any patent hereafter issued

under the mining laws of the United

States for any mining claim heretofore or

hereafter located, of any reservation,

limitation, or restriction not otherwise

authorized by law, or to limit or repeal any

existing authority to include any reservation, limitation, or restriction in any such

patent, or to limit or restrict any use of the

lands covered by any patented or unpatented mining claim by the United States,

its lessees, permittees, and licensees

which is otherwise authorized by law. (30

U.S.C. 615)
National Forest System Resource Management - Rangeland Management 223

Public Rangelands Improvement Act of 1978

October 25, 1978 (Pub. L. 95-514, 92 Stat. 1803; 43 U.S.C.

1901 note, 1901 to 1905, 1751, 1752, 1906, 1753, 1907, 1908,

1739, 16 U.S.C. 1333, 1332)

***

Congressional findings and

declaration of policy

Sec. 2 (a) The Congress finds and

declares that –

(1) vast segments of the public rangelands are producing less than their

potential for livestock, wildlife habitat,

recreation, forage, and water and soil

conservation benefits, and for that

reason are in an unsatisfactory condition;

(2) such rangelands will remain in an

unsatisfactory condition and some areas

may decline further under present levels

of, and funding for, management;

(3) unsatisfactory conditions on public

rangelands present a high risk of soil

loss, desertification, and a resultant

underproductivity for large acreages of

the public lands; contribute significantly

to unacceptable levels of siltation and

salinity in major western watersheds

including the Colorado River; negatively

impact the quality and availability of

scarce western water supplies; threaten

important and frequently critical fish and

wildlife habitat; prevent expansion of

the forage resource and resulting

benefits to livestock and wildlife production; increase surface runoff and flood

danger; reduce the value of such lands

for recreational and esthetic purposes;

and may ultimately lead to unpredictable

and undesirable long-term local and

regional climatic and economic changes;

(4) the above-mentioned conditions can

be addressed and corrected by an

intensive public rangelands maintenance, management, and improvement

program involving significant increases

in levels of rangeland management and

improvement funding for multiple-use

values;

(5) to prevent economic disruption and

harm to the western livestock industry, it

is in the public interest to charge a fee

for livestock grazing permits and leases

on the public lands which is based on a

formula reflecting annual changes in the

costs of production;

(6) the Act of December 15, 1971 (85

Stat. 649, 16 U.S.C. 1331 et seq.),

continues to be successful in its goal of

protecting wild free-roaming horses and

burros from capture, branding, harassment, and death, but that certain amendments are necessary thereto to avoid

excessive costs in the administration of

the Act, and to facilitate the humane

adoption or disposal of excess wild freeroaming horses and burros which

because they exceed the carrying

capacity of the range, pose a threat to

their own habitat, fish, wildlife, recre-
224 National Forest System Resource Management - Rangeland Management

ation, water and soil conservation,

domestic livestock grazing, and other

rangeland values;

(b) The Congress therefore hereby

establishes and reaffirms a national policy

and commitment to:

(1) inventory and identify current public

rangelands conditions and trends as a

part of the inventory process required

by section 1711(a) of this title;

(2) manage, maintain and improve the

condition of the public rangelands so

that they become as productive as

feasible for all rangeland values in

accordance with management objectives and the land use planning process

established pursuant to section 1712 of

this title;

(3) charge a fee for public grazing use

which is equitable and reflects the

concerns addressed in paragraph (a)(5)

above;

(4) continue the policy of protecting wild

free-roaming horses and burros from

capture, branding, harassment, or death,

while at the same time facilitating the

removal and disposal of excess wild

free-roaming horses and burros which

pose a threat to themselves and their

habitat and to other rangeland values;

(c) The policies of this chapter shall

become effective only as specific statutory authority for their implementation is

enacted by this chapter or by subsequent

legislation, and shall be construed as

supplemental to and not in derogation of

the purposes for which public rangelands

are administered under other provisions of

law. (43 U.S.C. 1901)

Definitions

Sec. 3 As used in this chapter –

(a) The terms “rangelands” or “public

rangelands” means lands administered by

the Secretary of the Interior through the

Bureau of Land Management or the

Secretary of Agriculture through the

Forest Service in the sixteen contiguous

Western States on which there is domestic livestock grazing or which the Secretary concerned determines may be

suitable for domestic livestock grazing.

(b) The term “allotment management

plan” is the same as defined in section

1702(k) of this title, except that as used in

this chapter such term applies to the

sixteen contiguous Western States.

(c) The term “grazing permit and lease”

means any document authorizing use of

public lands or lands in national forests in

the sixteen contiguous Western States for

the purpose of grazing domestic livestock.

(d) The term “range condition” means the

quality of the land reflected in its ability in

specific vegetative areas to support

various levels of productivity in accordance with range management objectives

and the land use planning process, and

relates to soil quality, forage values

(whether seasonal or year round), wildlife

habitat, watershed and plant communities,

the present state of vegetation of a range

site in relation to the potential plant

community for that site, and the relative

degree to which the kinds, proportions,

and amounts of vegetation in a plant

community resemble that of the desired
National Forest System Resource Management - Rangeland Management 225

community for that site.

(e) The term “native vegetation” means

those plant species, communities, or

vegetative associations which are endemic to a given area and which would

normally be identified with a healthy and

productive range condition occurring as a

result of the natural vegetative process of

the area.

(f) The term “range improvement” means

any activity or program on or relating to

rangelands which is designed to improve

production of forage; change vegetative

composition; control patterns of use;

provide water; stabilize soil and water

conditions; and provide habitat for livestock and wildlife. The term includes, but

is not limited to, structures, treatment

projects, and use of mechanical means to

accomplish the desired results.

(g) The term “court ordered environmental impact statement” means any environmental statements which are required to

be prepared by the Secretary of the

Interior pursuant to the final judgment or

subsequent modification thereof as set

forth on June 18, 1975, in the matter of

Natural Resources Defense Council

against Andrus.

(h) The term “Secretary” unless specifically designated otherwise, means the

Secretary of the Interior.

(i) The term “sixteen contiguous Western

States” means the States of Arizona,

California, Colorado, Idaho, Kansas,

Montana, Nebraska, Nevada, New

Mexico, North Dakota, Oklahoma,

Oregon, South Dakota, Utah, Washington,

and Wyoming. (43 U.S.C. 1902)

Rangelands inventory and

management; public availability

Sec. 4 (a) Following enactment of this

chapter, the Secretary of the Interior and

the Secretary of Agriculture shall update,

develop (where necessary) and maintain

on a continuing basis thereafter, an

inventory of range conditions and record

of trends of range conditions on the public

rangelands, and shall categorize or

identify such lands on the basis of the

range conditions and trends thereof as

they deem appropriate. Such inventories

shall be conducted and maintained by the

Secretary as a part of the inventory

process required by section 201(a) of the

Federal Land Policy and Management

Act (43 U.S.C. 1711), and by the Secretary of Agriculture in accordance with

section 1603 of title 16; shall be kept

current on a regular basis so as to reflect

changes in range conditions; and shall be

available to the public.

(b) The Secretary shall manage the public

rangelands in accordance with the Taylor

Grazing Act (43 U.S.C. 315-315(o)), the

Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1701-1782), and

other applicable law consistent with the

public rangelands improvement program

pursuant to this chapter. Except where

the land use planning process required

pursuant to section 202 of the Federal

Land Policy and Management Act (43

U.S.C. 1712) determines otherwise or the

Secretary determines, and sets forth his

reasons for this determination, that

grazing uses should be discontinued

(either temporarily or permanently) on

certain lands, the goal of such manage-
226 National Forest System Resource Management - Rangeland Management

ment shall be to improve the range

conditions of the public rangelands so that

they become as productive as feasible in

accordance with the rangeland management objectives established through the

land use planning process, and consistent

with the values and objectives listed in

sections 1901 (a) and (b)(2) of this title.

(43 U.S.C. 1903)

Range improvement funding

Sec. 5 (a) Authorization of additional

appropriations

In order to accomplish the purposes of

this chapter, there are hereby authorized

to be appropriated the sum of an additional $15,000,000 annually in fiscal years

1980 through 1982; for fiscal years 1983

through 1986 an amount no less than the

amount authorized for 1982; and for fiscal

years 1987 through 1999 an amount not

less than $5,000,000 annually more than

the amount authorized for fiscal year

1986. Such funds shall be in addition to

any range, wildlife, and soil and water

management moneys which have been

requested by the Secretary under the

provisions of section 1748 of this title, and

in addition to the moneys which are

available for range improvements under

section 1751 of this title.

(b) Availability of unappropriated funds

for subsequent fiscal years

Any amounts authorized by this section

not appropriated in one or more fiscal

years shall be available for appropriation

in any subsequent years.

(c) Fund limitations for prescribed uses;

distribution, consultation and coordination;

public hearings and meetings; interested

parties; priority of cooperative agreements with range users

No less than 80 per centum of such funds

provided herein shall be used for on-theground range rehabilitation, maintenance

and the construction of range improvements (including project layout, project

design, and project supervision). No more

than 15 per centum of such funds provided herein shall be used to hire and train

such experienced and qualified personnel

as are necessary to implement on-theground supervision and enforcement of

the land use plans required pursuant to

section 1712 of this title and such allotment management plans as may be

developed. Such funds shall be distributed

as the Secretary deems advisable after

careful and considered consultation and

coordination, including public hearings and

meetings where appropriate, with the

district grazing advisory boards established pursuant to section 1753 of this

title, and the advisory councils established

pursuant to section 1739 of this title,

range user representatives, and other

interested parties. To the maximum extent

practicable, and where economically

sound, the Secretary shall give priority to

entering into cooperative agreements with

range users (or user groups) for the

installation and maintenance of on-theground range improvements.

(d) Environmental assessment record and

environmental impact statement requirements

Prior to the use of any funds authorized

by this section the Secretary shall cause
National Forest System Resource Management - Rangeland Management 227

to have prepared an environmental

assessment record on each range improvement project. Thereafter, improvement projects may be constructed unless

the Secretary determines that impact on

the quality of human environment, necessitating an environmental impact statement pursuant to the National Environmental Policy Act (42 U.S.C. 4321 et

seq.) prior to the expenditure of funds.

(43 U.S.C. 1904)

Grazing fees; economic value of use

of land; fair market value

components; annual percentage

change limitation

Sec. 6(a) For the grazing years 1979

through 1985, the Secretaries of Agriculture and Interior shall charge the fee for

domestic livestock grazing on the public

rangelands which Congress finds represents the economic value of the use of

the land to the user, and under which

Congress finds fair market value for

public grazing equals the $1.23 base

established by the 1966 Western Livestock Grazing Survey multiplied by the

result of the Forage Value Index (computed annually from data supplied by the

Economic Research Service) added to

the Combined Index (Beef Cattle Price

Index minus the Price Paid Index) and

divided by 100: Provided, That the annual

increase or decrease in such fee for any

given year shall be limited to not more

than plus or minus 25 per centum of the

previous year’s fee. (43 U.S.C. 1905)

Grazing fees; feasibility study;

contents; submission of report;

annual distribution and use of range

betterment funds; nature of

distributions

Sec. 6(b) (a) The Secretary of Agriculture and the Secretary of the Interior shall

jointly cause to be conducted a study to

determine the value of grazing on the

lands under their jurisdiction in the eleven

Western States with a view to establishing a fee to be charged for domestic

livestock grazing on such lands which is

equitable to the United States and to the

holders of grazing permits and leases on

such lands. In making such study, the

Secretaries shall take into consideration

the costs of production normally associated with domestic livestock grazing in

the eleven Western States, differences in

forage values, and such other factors as

may relate to the reasonableness of such

fees. The Secretaries shall report the

result of such study to the Congress not

later than one year from and after

October 21, 1976, together with recommendations to implement a reasonable

grazing fee schedule based upon such

study. If the report required herein has

not been submitted to the Congress within

one year after October 21, 1976, the

grazing fee charge then in effect shall not

be altered and shall remain the same until

such report has been submitted to the

Congress. Neither Secretary shall increase the grazing fee in the 1977 grazing

year.

(b)(1) Congress finds that a substantial

amount of the Federal range lands is

deteriorating in quality, and that installation of additional range improvements

could arrest much of the continuing

deterioration and could lead to substantial
228 National Forest System Resource Management - Rangeland Management

betterment of forage conditions with

resulting benefits to wildlife, watershed

protection, and livestock production.

Congress therefore directs that 50 per

centum or $10,000,000 per annum,

whichever is greater of all moneys

received by the United States as fees for

grazing domestic livestock on public lands

(other than from ceded Indian lands)

under the Taylor Grazing Act (48 Stat.

1269; 43 U.S.C. 315 et seq.) and the Act

of August 28, 1937 (50 Stat. 874; 43

U.S.C. 1181d), and on lands in National

Forests in the sixteen contiguous Western

States under the provisions of this section

shall be credited to a separate account in

the Treasury, one-half of which is authorized to be appropriated and made

available for use in the district, region, or

national forest from which such moneys

were derived, as the respective Secretary

may direct after consultation with district,

regional, or national forest user representatives, for the purpose of on-the-ground

range rehabilitation, protection, and

improvements on such lands, and the

remaining one-half shall be used for onthe-ground range rehabilitation, protection,

and improvements as the Secretary

concerned directs. Any funds so appropriated shall be in addition to any other

appropriations made to the respective

Secretary for planning and administration

of the range betterment program and for

other range management. Such rehabilitation, protection, and improvements shall

include all forms of range land betterment

including, but not limited to, seeding and

reseeding, fence construction, weed

control, water development, and fish and

wildlife habitat enhancement as the

respective Secretary may direct after

consultation with user representatives.

The annual distribution and use of range

betterment funds authorized by this

paragraph shall not be considered a major

Federal action requiring a detailed statement pursuant to section 4332(c) of title

42.

(2) All distributions of moneys made

under subsection (b)(1) of this section

shall be in addition to distributions made

under section 10 of the Taylor Grazing

Act (43 U.S.C. 315i) and shall not apply

to distribution of moneys made under

section 11 of that Act (43 U.S.C. 315j).

The remaining moneys received by the

United States as fees for grazing

domestic livestock on the public lands

shall be deposited in the Treasury as

miscellaneous receipts. (43 U.S.C.

1751)

Grazing leases and permits

Sec. 7 and Sec. 8 (a) Terms and conditions

Except as provided in subsection (b) of

this section, permits and leases for

domestic livestock grazing on public lands

issued by the Secretary under the Act of

June 28, 1934 (48 Stat. 1269, as

amended; 43 U.S.C. 315 et seq.) or the

Act of August 28, 1937 (50 Stat. 874, as

amended; 43 U.S.C. 1181a-1181j), or by

the Secretary of Agriculture, with respect

to lands within National Forests in the

sixteen contiguous Western States, shall

be for a term of ten years subject to such

terms and conditions the Secretary

concerned deems appropriate and consistent with the governing law, including, but
National Forest System Resource Management - Rangeland Management 229

not limited to, the authority of the Secretary concerned to cancel, suspend, or

modify a grazing permit or lease, in whole

or in part, pursuant to the terms and

conditions thereof, or to cancel or suspend a grazing permit or lease for any

violation of a grazing regulation or of any

term or condition of such grazing permit

or lease.

(b) Terms of lesser duration

Permits or leases may be issued by the

Secretary concerned for a period shorter

than ten years where the Secretary

concerned determines that

(1) the land is pending disposal; or

(2) the land will be devoted to a public

purpose prior to the end of ten years; or

(3) it will be in the best interest of sound

land management to specify a shorter

term: Provided, That the absence from

an allotment management plan of details

the Secretary concerned would like to

include but which are undeveloped shall

not be the basis for establishing a term

shorter than ten years: Provided further,

That the absence of completed land use

plans or court ordered environmental

statements shall not be the sole basis for

establishing a term shorter than ten

years unless the Secretary determines

on a case-by-case basis that the information to be contained in such land use

plan or court ordered environmental

impact statement is necessary to

determine whether a shorter term

should be established for any of the

reasons set forth in items (1) through

(3) of this subsection.

(c) First priority for renewal of expiring

permit or lease

So long as (1) the lands for which the

permit or lease is issued remain available

for domestic livestock grazing in accordance with land use plans prepared

pursuant to section 1712 of this title or

section 1604 of title 16, (2) the permittee

or lessee is in compliance with the rules

and regulations issued and the terms and

conditions in the permit or lease specified

by the Secretary concerned, and (3) the

permittee or lessee accepts the terms and

conditions to be included by the Secretary

concerned in the new permit or lease, the

holder of the expiring permit or lease shall

be given first priority for receipt of the

new permit or lease.

(d) Allotment management plan requirements

All permits and leases for domestic

livestock grazing issued pursuant to this

section may incorporate an allotment

management plan developed by the

Secretary concerned. However, nothing

in this subsection shall be construed to

supersede any requirement for completion

of court ordered environmental impact

statements prior to development and

incorporation of allotment management

plans. If the Secretary concerned elects

to develop an allotment management plan

for a given area, he shall do so in careful

and considered consultation, cooperation

and coordination with the lessees, permittees, and landowners involved, the district

grazing advisory boards established

pursuant to section 1753 of this title, and

any State or States having lands within
230 National Forest System Resource Management - Rangeland Management

the area to be covered by such allotment

management plan. Allotment management

plans shall be tailored to the specific

range condition of the area to be covered

by such plan, and shall be reviewed on a

periodic basis to determine whether they

have been effective in improving the

range condition of the lands involved or

whether such lands can be better managed under the provisions of subsection

(e) of this section. The Secretary concerned may revise or terminate such

plans or develop new plans from time to

time after such review and careful and

considered consultation, cooperation and

coordination with the parties involved. As

used in this subsection, the terms “court

ordered environmental impact statement”

and “range condition” shall be defined as

in the “Public Rangelands Improvement

Act of 1978 (43 U.S.C. 1901 et seq.)”.

(e) Omission of allotment management

plan requirements and incorporation of

appropriate terms and conditions; reexamination of range conditions

In all cases where the Secretary concerned has not completed an allotment

management plan or determines that an

allotment management plan is not necessary for management of livestock operations and will not be prepared, the Secretary concerned shall incorporate in

grazing permits and leases such terms

and conditions as he deems appropriate

for management of the permitted or

leased lands pursuant to applicable law.

The Secretary concerned shall also

specify therein the numbers of animals to

be grazed and the seasons of use and that

he may reexamine the condition of the

range at any time and, if he finds on

reexamination that the condition of the

range requires adjustment in the amount

or other aspect of grazing use, that the

permittee or lessee shall adjust his use to

the extent the Secretary concerned

deems necessary. Such readjustment shall

be put into full force and effect on the

date specified by the Secretary concerned.

(f) Allotment management plan applicability to non-Federal lands; appeal rights

Allotment management plans shall not

refer to livestock operations or range

improvements on non-Federal lands

except where the non-Federal lands are

intermingled with, or, with the consent of

the permittee or lessee involved, associated with, the Federal lands subject to the

plan. The Secretary concerned under

appropriate regulations shall grant to

lessees and permittees the right of appeal

from decisions which specify the terms

and conditions of allotment management

plans. The preceding sentence of this

subsection shall not be construed as

limiting any other right of appeal from

decisions of such officials.

(g) Cancellation of permit or lease;

determination of reasonable compensation; notice

Whenever a permit or lease for grazing

domestic livestock is canceled in whole or

in part, in order to devote the lands

covered by the permit or lease to another

public purpose, including disposal, the

permittee or lessee shall receive from the

United States a reasonable compensation

for the adjusted value, to be determined
National Forest System Resource Management - Rangeland Management 231

by the Secretary concerned, of his

interest in authorized permanent improvements placed or constructed by the

permittee or lessee on lands covered by

such permit or lease, but not to exceed

the fair market value of the terminated

portion of the permittee’s or lessee’s

interest therein. Except in cases of

emergency, no permit or lease shall be

canceled under this subsection without

two years’ prior notification.

(h) Applicability of provisions to rights,

etc., in or to public lands or lands in

National Forests

Nothing in this Act shall be construed as

modifying in any way law existing on

October 21, 1976, with respect to the

creation of right, title, interest or estate in

or to public lands or lands in National

Forests by issuance of grazing permits

and leases. (43 U.S.C. 1752)

Authority for cooperative

agreements and payments effective

as provided in appropriations

Sec. 9 Notwithstanding any other provision of this chapter, authority to enter into

cooperative agreements and to make

payments under this chapter shall be

effective only to the extent or in such

amounts as are provided in advance in

appropriation Acts. (43 U.S.C. 1906)

Grazing advisory boards

Sec. 10 (a) Establishment; maintenance

For each Bureau district office and

National Forest headquarters office in the

sixteen contiguous Western States having

jurisdiction over more than five hundred

thousand acres of lands subject to commercial livestock grazing (hereinafter in

this section referred to as “office”), the

Secretary and the Secretary of Agriculture, upon the petition of a simple majority

of the livestock lessees and permittees

under the jurisdiction of such office, shall

establish and maintain at least one grazing

advisory board of not more than fifteen

advisers.

(b) Functions

The function of grazing advisory boards

established pursuant to this section shall

be to offer advice and make recommendations to the head of the office involved

concerning the development of allotment

management plans and the utilization of

range-betterment funds.

(c) Appointment and terms of members

The number of advisers on each board

and the number of years an adviser may

serve shall be determined by the Secretary concerned in his discretion. Each

board shall consist of livestock representatives who shall be lessees or permittees

in the area administered by the office

concerned and shall be chosen by the

lessees and permittees in the area through

an election prescribed by the Secretary

concerned.

(d) Meetings

Each grazing advisory board shall meet at

least once annually.

(e) Federal Advisory Committee Act

applicability

Except as may be otherwise provided by

this section, the provisions of the Federal
232 National Forest System Resource Management - Rangeland Management

Advisory Committee Act (86 Stat. 770)

shall apply to grazing advisory boards.

(f) Expiration date

The provisions of this section shall expire

December 31, 1985. (43 U.S.C. 1753)

National Grasslands; exemptions

Sec. 11 All National Grasslands are

exempted from the provisions of this

chapter. (43 U.S.C. 1907)

Experimental stewardship program

Sec. 12 (a) Scope of program

The Secretaries of Interior and Agriculture are hereby authorized and directed to

develop and implement, on an experimental basis on selected areas of the public

rangelands which are representative of

the broad spectrum of range conditions,

trends, and forage values, a program

which provides incentives to, or rewards

for, the holders of grazing permits and

leases whose stewardship results in an

improvement of the range condition of

lands under permit or lease. Such program shall explore innovative grazing

management policies and systems which

might provide incentives to improve range

conditions. These may include, but need

not be limited to –

(1) cooperative range management

projects designed to foster a greater

degree of cooperation and coordination

between the Federal and State agencies

charged with the management of the

rangelands and with local private range

users,

(2) the payment of up to 50 per centum

of the amount due the Federal Government from grazing permittees in the

form of range improvement work,

(3) such other incentives as he may

deem appropriate.

(b) Report to Congress

No later than December 31, 1985, the

Secretaries shall report to the Congress

the results of such experimental program,

their evaluation of the fee established in

section 1905 of this title and other grazing

fee options, and their recommendations to

implement a grazing fee schedule for the

1986 and subsequent grazing years. (43

U.S.C. 1908)

Advisory councils

Sec. 13 (a) Establishment; membership;

operation

The Secretary shall establish advisory

councils of not less than ten and not more

than fifteen members appointed by him

from among persons who are representative of the various major citizens’ interests

concerning the problems relating to land

use planning or the management of the

public lands located within the area for

which an advisory council is established.

At least one member of each council shall

be an elected official of general purpose

government serving the people of such

area. To the extent practicable there shall

be no overlap or duplication of such

councils. Appointments shall be made in

accordance with rules prescribed by the

Secretary. The establishment and operation of an advisory council established

under this section shall conform to the

requirements of the Federal Advisory
National Forest System Resource Management - Rangeland Management 233

Committee Act (86 Stat. 770).

(b) Meetings

Notwithstanding the provisions of subsection (a) of this section, each advisory

council established by the Secretary

under this section shall meet at least once

a year with such meetings being called by

the Secretary.

(c) Travel and per diem payments

Members of advisory councils shall serve

without pay, except travel and per diem

will be paid each member for meetings

called by the Secretary.

(d) Functions

An advisory council may furnish advice to

the Secretary with respect to the land use

planning, classification, retention, management, and disposal of the public lands

within the area for which the advisory

council is established and such other

matters as may be referred to it by the

Secretary.

(e) Public participation; procedures

applicable

 In exercising his authorities under this

Act, 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 and criteria for, and to participate in, the preparation and execution of

plans and programs for, and the management of, the public lands. (43 U.S.C.

1739)

Powers and duties of Secretary

Sec. 14(a) (a) Jurisdiction; management;

ranges; ecological balance objectives;

scientific recommendations; forage

allocation adjustments

All wild free-roaming horses and burros

are hereby declared to be under the

jurisdiction of the Secretary for the

purpose of management and protection in

accordance with the provisions of this

chapter. The Secretary is authorized and

directed to protect and manage wild freeroaming horses and burros as components

of the public lands, and he may designate

and maintain specific ranges on public

lands as sanctuaries for their protection

and preservation, where the Secretary

after consultation with the wildlife agency

of the State wherein any such range is

proposed and with the Advisory Board

established in section 1337 of this title

deems such action desirable. The Secretary shall manage wild free-roaming

horses and burros in a manner that is

designed to achieve and maintain a

thriving natural ecological balance on the

public lands. He shall consider the

recommendations of qualified scientists in

the field of biology and ecology, some of

whom shall be independent of both

Federal and State agencies and may

include members of the Advisory Board

established in section 1337 of this title. All

management activities shall be at the

minimal feasible level and shall be carried

out in consultation with the wildlife

agency of the State wherein such lands

are located in order to protect the natural

ecological balance of all wildlife species

which inhabit such lands, particularly

endangered wildlife species. Any adjust-
234 National Forest System Resource Management - Rangeland Management

ments in forage allocations on any such

lands shall take into consideration the

needs of other wildlife species which

inhabit such lands.

(b) Inventory and determinations; consultation; overpopulation; research study:

submittal to Congress

(1) The Secretary shall maintain a

current inventory of wild free-roaming

horses and burros on given areas of the

public lands. The purpose of such

inventory shall be to: make determinations as to whether and where an

overpopulation exists and whether

action should be taken to remove

excess animals; determine appropriate

management levels of wild free-roaming

horses and burros on these areas of the

public lands; and determine whether

appropriate management levels should

be achieved by the removal or destruction of excess animals, or other options

(such as sterilization, or natural controls

on population levels). In making such

determinations the Secretary shall

consult with the United States Fish and

Wildlife Service, wildlife agencies of the

State or States wherein wild freeroaming horses and burros are located,

such individuals independent of Federal

and State government as have been

recommended by the National Academy

of Sciences, and such other individuals

whom he determines have scientific

expertise and special knowledge of wild

horse and burro protection, wildlife

management and animal husbandry as

related to rangeland management.

(2) Where the Secretary determines on

the basis of (i) the current inventory of

lands within his jurisdiction; (ii) information contained in any land use planning

completed pursuant to section 1712 of

title 43; (iii) information contained in

court ordered environmental impact

statements as defined in section 1902 of

title 43; and (iv) such additional information as becomes available to him from

time to time, including that information

developed in the research study mandated by this section, or in the absence

of the information contained in (i-iv)

above on the basis of all information

currently available to him, that an

overpopulation exists on a given area of

the public lands and that action is

necessary to remove excess animals, he

shall immediately remove excess

animals from the range so as to achieve

appropriate management levels. Such

action shall be taken, in the following

order and priority, until all excess

animals have been removed so as to

restore a thriving natural ecological

balance to the range, and protect the

range from the deterioration associated

with overpopulation:

(A) The Secretary shall order old,

sick, or lame animals to be destroyed

in the most humane manner possible;

(B) The Secretary shall cause such

number of additional excess wild freeroaming horses and burros to be

humanely captured and removed for

private maintenance and care for

which he determines an adoption

demand exists by qualified individuals,

and for which he determines he can

assure humane treatment and care
National Forest System Resource Management - Rangeland Management 235

(including proper transportation,

feeding, and handling): Provided, That,

not more than four animals may be

adopted per year by any individual

unless the Secretary determines in

writing that such individual is capable

of humanely caring for more than four

animals, including the transportation of

such animals by the adopting party;

and

(C) The Secretary shall cause additional excess wild free-roaming horses

and burros for which an adoption

demand by qualified individuals does

not exist to be destroyed in the most

humane and cost efficient manner

possible.

(3) For the purpose of furthering

knowledge of wild horse and burro

population dynamics and their interrelationship with wildlife, forage and water

resources, and assisting him in making

his determination as to what constitutes

excess animals, the Secretary shall

contract for a research study of such

animals with such individuals independent of Federal and State government

as may be recommended by the National Academy of Sciences for having

scientific expertise and special knowledge of wild horse and burro protection,

wildlife management and animal husbandry as related to rangeland management. The terms and outline of such

research study shall be determined by a

research design panel to be appointed

by the President of the National Academy of Sciences. Such study shall be

completed and submitted by the Secretary to the Senate and House of Representatives on or before January 1, 1983.

(c) Title of transferee to limited number

of excess animals adopted for requisite

period

Where excess animals have been transferred to a qualified individual for adoption and private maintenance pursuant to

this chapter and the Secretary determines

that such individual has provided humane

conditions, treatment and care for such

animal or animals for a period of one

year, the Secretary is authorized upon

application by the transferee to grant title

to not more than four animals to the

transferee at the end of the one-year

period.

(d) Loss of status as wild free-roaming

horses and burros; exclusion from coverage Wild free-roaming horses and burros

or their remains shall lose their status as

wild free-roaming horses or burros and

shall no longer be considered as falling

within the purview of this chapter –

(1) upon passage of title pursuant to

subsection (c) of this section except for

the limitation of subsection (c)(1) 1

 of

this section; or

(2) if they have been transferred for

private maintenance or adoption pursuant to this chapter and die of natural

causes before passage of title; or

(3) upon destruction by the Secretary or

his designee pursuant to subsection (b)

of this section; or

(4) if they die of natural causes on the

public lands or on private lands where

maintained thereon pursuant to section

1334 of this title and disposal is autho-
236 National Forest System Resource Management - Rangeland Management

rized by the Secretary or his designee;

or

(5) upon destruction or death for

purposes of or incident to the program

authorized in this section; Provided,

That no wild free-roaming horse or

burro or its remains may be sold or

transferred for consideration for processing into commercial products. (16

U.S.C. 1333)

1

 So in original. Probably should be

subsection “(c)”.

Definitions

Sec. 14(b) As used in this chapter –

(a) “Secretary” means the Secretary of

the Interior when used in connection with

public lands administered by him through

the Bureau of Land Management and the

Secretary of Agriculture in connection

with public lands administered by him

through the Forest Service;

(b) “wild free-roaming horses and burros”

means all unbranded and unclaimed

horses and burros on public lands of the

United States;

(c) “range” means the amount of land

necessary to sustain an existing herd or

herds of wild free-roaming horses and

burros, which does not exceed their

known territorial limits, and which is

devoted principally but not necessarily

exclusively to their welfare in keeping

with the multiple-use management

concept for the public lands;

(d) “herd” means one or more stallions

and his mares; and

(e) “public lands” means any lands

administered by the Secretary of the

Interior through the Bureau of Land

Management or by the Secretary of

Agriculture through the Forest Service.

(f) “excess animals” means wild freeroaming horses or burros (1) which have

been removed from an area by the

Secretary pursuant to applicable law or,

(2) which must be removed from an area

in order to preserve and maintain a

thriving natural ecological balance and

multiple-use relationship in that area. (16

U.S.C. 1332)
National Forest System Resource Management - Recreation Management 237

Occupancy Permits

March 4, 1915 (Ch. 144, 38 Stat. 1100; 16 U.S.C. 497)

Use and occupation of lands for

hotels, resorts, summer homes,

stores, and facilities for industrial,

commercial, educational or public

uses

The Secretary of Agriculture is authorized, under such regulations as he may

make and upon such terms and conditions

as he may deem proper, (a) to permit the

use and occupancy of suitable areas of

land within the national forests, not

exceeding eighty acres and for periods

not exceeding thirty years, for the purpose of constructing or maintaining hotels,

resorts, and any other structures or

facilities necessary or desirable for

recreation, public convenience, or safety;

(b) to permit the use and occupancy of

suitable areas of land within the national

forests, not exceeding five acres and for

periods not exceeding thirty years, for the

purpose of constructing or maintaining

summer homes and stores; (c) to permit

the use and occupancy of suitable areas

of land within the national forest, not

exceeding eighty acres and for periods

not exceeding thirty years, for the purpose of constructing or maintaining

buildings, structures, and facilities for

industrial or commercial purposes whenever such use is related to or consistent

with other uses on the national forests;

(d) to permit any State or political subdivision thereof, or any public or nonprofit

agency, to use and occupy suitable areas

of land within the national forests not

exceeding eighty acres and for periods

not exceeding thirty years, for the purpose of constructing or maintaining any

buildings, structures, or facilities necessary or desirable for education or for any

public use or in connection with any

public activity. The authority provided by

this section shall be exercised in such

manner as not to preclude the general

public from full enjoyment of the natural,

scenic, recreational, and other aspects of

the national forests. (16 U.S.C. 497)
238 National Forest System Resource Management - Recreation Management

Wild and Scenic Rivers Act

October 2, 1968 (Pub. L. 90-542, 82 Stat. 906; 16 U.S.C. 1271

to 1282, 1250, 1253, 1251, 1284, 1285, 1285a, 1285b, 1286,

1287)

Short title

Sec. 1 (a) This Act may be cited as the

‘Wild and Scenic Rivers Act’. (16 U.S.C.

1271 note)

Congressional declaration of policy

Sec. 1(b) It is hereby declared to be the

policy of the United States that certain

selected rivers of the Nation which, with

their immediate environments, possess

outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic,

cultural, or other similar values, shall be

preserved in free-flowing condition, and

that they and their immediate environments shall be protected for the benefit

and enjoyment of present and future

generations. The Congress declares that

the established national policy of dam and

other construction at appropriate sections

of the rivers of the United States needs to

be complemented by a policy that would

preserve other selected rivers or sections

thereof in their free-flowing condition to

protect the water quality of such rivers

and to fulfill other vital national conservation purposes. (16 U.S.C. 1271)

Sec. 1(c) The purpose of this chapter is

to implement the policy set out in section

1271 of this title by instituting a national

wild and scenic rivers system, by designating the initial components of that

system, and by prescribing the methods

by which and standards according to

which additional components may be

added to the system from time to time.

(16 U.S.C. 1272)

National wild and scenic rivers

system

Sec. 2 (a) Composition; application;

publication in Federal Register; expense;

administration of federally owned lands

The national wild and scenic rivers

system shall comprise rivers (i) that are

authorized for inclusion therein by Act of

Congress, or (ii) that are designated as

wild, scenic or recreational rivers by or

pursuant to an act of the legislature of the

State or States through which they flow,

that are to be permanently administered

as wild, scenic or recreational rivers by

an agency or political subdivision of the

State or States concerned that are found

by the Secretary of the Interior, upon

application of the Governor of the State

or the Governors of the States concerned,

or a person or persons thereunto duly

appointed by him or them, to meet the

criteria established in this chapter and

such criteria supplementary thereto as he

may prescribe, and that are approved by

him for inclusion in the system, including,

upon application of the Governor of the

State concerned, the Allagash Wilderness

Waterway, Maine; that segment of the

Wolf River, Wisconsin, which flows

through Langlade County; and that
National Forest System Resource Management - Recreation Management 239

segment of the New River in North

Carolina extending from its confluence

with Dog Creek downstream approximately 26.5 miles to the Virginia State

line. Upon receipt of an application under

clause (ii) of this subsection, the Secretary shall notify the Federal Energy

Regulatory Commission and publish such

application in the Federal Register. Each

river designated under clause (ii) shall be

administered by the State or political

subdivision thereof without expense to the

United States other than for administration and management of federally owned

lands. For purposes of the preceding

sentence, amounts made available to any

State or political subdivision under the

Land and Water Conservation Act of

1965 (16 U.S.C. 460l-4 et seq.) or any

other provision of law shall not be treated

as an expense to the United States.

Nothing in this subsection shall be construed to provide for the transfer to, or

administration by, a State or local authority of any federally owned lands which

are within the boundaries of any river

included within the system under clause

(ii).

(b) Classification, designation, and

administration of rivers

A wild, scenic or recreational river area

eligible to be included in the system is a

free-flowing stream and the related

adjacent land area that possesses one or

more of the values referred to in section

1271 of this title. Every wild, scenic or

recreational river in its free-flowing

condition, or upon restoration to this

condition, shall be considered eligible for

inclusion in the national wild and scenic

rivers system and, if included, shall be

classified, designated, and administered as

one of the following:

(1) Wild river areas - Those rivers or

sections of rivers that are free of

impoundments and generally inaccessible except by trail, with watersheds or

shorelines essentially primitive and

waters unpolluted. These represent

vestiges of primitive America.

(2) Scenic river areas - Those rivers or

sections of rivers that are free of

impoundments, with shorelines or

watersheds still largely primitive and

shorelines largely undeveloped, but

accessible in places by roads.

(3) Recreational river areas - Those

rivers or sections of rivers that are

readily accessible by road or railroad,

that may have some development along

their shorelines, and that may have

undergone some impoundment or

diversion in the past. (16 U.S.C. 1273)

Component rivers and adjacent lands

Sec. 3 (a) Designation

The following rivers and the land adjacent

thereto are hereby designated as components of the national wild and scenic

rivers system:

*** (16 U.S.C. 1274)

Additions to national wild and scenic

rivers system

Sec. 4 (a) Reports by Secretaries of the

Interior and Agriculture; recommendations to Congress; contents of reports

The Secretary of the Interior or, where
240 National Forest System Resource Management - Recreation Management

national forest lands are involved, the

Secretary of Agriculture or, in appropriate

cases, the two Secretaries jointly shall

study and submit to the President reports

on the suitability or nonsuitability for

addition to the national wild and scenic

rivers system of rivers which are designated herein or hereafter by the Congress

as potential additions to such system. The

President shall report to the Congress his

recommendations and proposals with

respect to the designation of each such

river or section thereof under this chapter.

Such studies shall be completed and such

reports shall be made to the Congress

with respect to all rivers named in section

1276(a) (1) through (27) of this title no

later than October 2, 1978. In conducting

these studies the Secretary of the Interior

and the Secretary of Agriculture shall

give priority to those rivers (i) with

respect to which there is the greatest

likelihood of developments which, if

undertaken, would render the rivers

unsuitable for inclusion in the national wild

and scenic rivers system, and (ii) which

possess the greatest proportion of private

lands within their areas. Every such study

and plan shall be coordinated with any

water resources planning involving the

same river which is being conducted

pursuant to the Water Resources Planning Act (42 U.S.C. 1962 et seq.). Each

report, including maps and illustrations,

shall show among other things the area

included within the report; the characteristics which do or do not make the area a

worthy addition to the system; the current

status of land ownership and use in the

area; the reasonably foreseeable potential

uses of the land and water which would

be enhanced, foreclosed, or curtailed if

the area were included in the national

wild and scenic rivers system; the Federal

agency (which in the case of a river

which is wholly or substantially within a

national forest, shall be the Department of

Agriculture) by which it is proposed the

area, should it be added to the system, be

administered; the extent to which it is

proposed that such administration, including the costs thereof, be shared by State

and local agencies; and the estimated cost

to the United States of acquiring necessary lands and interests in land and of

administering the area, should it be added

to the system. Each such report shall be

printed as a Senate or House document.

(b) Study of report by affected Federal

and State officials; recommendations and

comments; transmittal to President and

Congress

Before submitting any such report to the

President and the Congress, copies of the

proposed report shall, unless it was

prepared jointly by the Secretary of the

Interior and the Secretary of Agriculture,

be submitted by the Secretary of the

Interior to the Secretary of Agriculture or

by the Secretary of Agriculture to the

Secretary of the Interior, as the case may

be, and to the Secretary of the Army, the

Secretary of Energy, the head of any

other affected Federal department or

agency and, unless the lands proposed to

be included in the area are already owned

by the United States or have already been

authorized for acquisition by Act of

Congress, the Governor of the State or

States in which they are located or an

officer designated by the Governor to
National Forest System Resource Management - Recreation Management 241

receive the same. Any recommendations

or comments on the proposal which the

said officials furnish the Secretary or

Secretaries who prepared the report

within ninety days of the date on which

the report is submitted to them, together

with the Secretary’s or Secretaries’

comments thereon, shall be included with

the transmittal to the President and the

Congress.

(c) Publication in Federal Register

Before approving or disapproving for

inclusion in the national wild and scenic

rivers system any river designated as a

wild, scenic or recreational river by or

pursuant to an act of a State legislature,

the Secretary of the Interior shall submit

the proposal to the Secretary of Agriculture, the Secretary of the Army, the

Secretary of Energy, and the head of any

other affected Federal department or

agency and shall evaluate and give due

weight to any recommendations or

comments which the said officials furnish

him within ninety days of the date on

which it is submitted to them. If he

approves the proposed inclusion, he shall

publish notice thereof in the Federal

Register.

(d) Areas comprised by boundaries;

scope of study report

The boundaries of any river proposed in

section 1276(a) of this title for potential

addition to the National Wild and Scenic

Rivers System shall generally comprise

that area measured within one-quarter

mile from the ordinary high water mark

on each side of the river. In the case of

any designated river, prior to publication

of boundaries pursuant to section 1274(b)

of this title, the boundaries also shall

comprise the same area. This subsection

shall not be construed to limit the possible

scope of the study report to address areas

which may lie more than one-quarter mile

from the ordinary high water mark on

each side of the river. (16 U.S.C. 1275)

Rivers constituting potential

additions to national wild and scenic

rivers system

Sec. 5 (a) Enumeration of designated

rivers

The following rivers are hereby designated for potential addition to the national

wild and scenic rivers system: *** (16

U.S.C. 1276)

Land acquisition

Sec. 6 (a) Grant of authority to acquire;

State and Indian lands; use of appropriated funds; acquisition of tracts partially

outside component boundaries; disposition

of lands

(1) The Secretary of the Interior and

the Secretary of Agriculture are each

authorized to acquire lands and interests

in land within the authorized boundaries

of any component of the national wild

and scenic rivers system designated in

section 1274 of this title, or hereafter

designated for inclusion in the system by

Act of Congress, which is administered

by him, but he shall not acquire fee title

to an average of more than 100 acres

per mile on both sides of the river.

Lands owned by a State may be

acquired only by donation or by exchange in accordance with subsection
242 National Forest System Resource Management - Recreation Management

(d) of this section. Lands owned by an

Indian tribe or a political subdivision of a

State may not be acquired without the

consent of the appropriate governing

body thereof as long as the Indian tribe

or political subdivision is following a plan

for management and protection of the

lands which the Secretary finds protects

the land and assures its use for purposes consistent with this chapter.

Money appropriated for Federal purposes from the land and water conservation fund shall, without prejudice to

the use of appropriations from other

sources, be available to Federal departments and agencies for the acquisition

of property for the purposes of this

chapter.

(2) When a tract of land lies partially

within and partially outside the boundaries of a component of the National

Wild and Scenic Rivers System, the

appropriate Secretary may, with the

consent of the landowners for the

portion outside the boundaries, acquire

the entire tract. The land or interest

therein so acquired outside the boundaries shall not be counted against the

average one-hundred-acre-per-mile fee

title limitation of subsection (a)(1) of this

section. The lands or interests therein

outside such boundaries, shall be

disposed of, consistent with existing

authorities of law, by sale, lease, or

exchange.

(b) Curtailment of condemnation power in

area 50 per centum or more of which is

owned in fee title by Federal or State

government

If 50 per centum or more of the entire

acreage outside the ordinary high water

mark on both sides of the river within a

federally administered wild, scenic or

recreational river area is owned in fee

title by the United States, by the State or

States within which it lies, or by political

subdivisions of those States, neither

Secretary shall acquire fee title to any

lands by condemnation under authority of

this chapter. Nothing contained in this

section, however, shall preclude the use

of condemnation when necessary to clear

title or to acquire scenic easements or

such other easements as are reasonably

necessary to give the public access to the

river and to permit its members to

traverse the length of the area or of

selected segments thereof.

(c) Curtailment of condemnation power in

urban areas covered by valid and satisfactory zoning ordinances

Neither the Secretary of the Interior nor

the Secretary of Agriculture may acquire

lands by condemnation, for the purpose of

including such lands in any national wild,

scenic or recreational river area, if such

lands are located within any incorporated

city, village, or borough which has in force

and applicable to such lands a duly

adopted, valid zoning ordinance that

conforms with the purposes of this

chapter. In order to carry out the provisions of this subsection the appropriate

Secretary shall issue guidelines, specifying standards for local zoning ordinances,

which are consistent with the purposes of

this chapter. The standards specified in

such guidelines shall have the object of

(A) prohibiting new commercial or

industrial uses other than commercial or
National Forest System Resource Management - Recreation Management 243

industrial uses which are consistent with

the purposes of this chapter, and (B) the

protection of the bank lands by means of

acreage, frontage, and setback requirements on development.

(d) Exchange of property

The appropriate Secretary is authorized to

accept title to non-Federal property within

the authorized boundaries of any federally

administered component of the national

wild and scenic rivers system designated

in section 1274 of this title or hereafter

designated for inclusion in the system by

Act of Congress and, in exchange

therefor, convey to the grantor any

federally owned property which is under

his jurisdiction within the State in which

the component lies and which he classifies as suitable for exchange or other

disposal. The values of the properties so

exchanged either shall be approximately

equal or, if they are not approximately

equal, shall be equalized by the payment

of cash to the grantor or to the Secretary

as the circumstances require.

(e) Transfer of jurisdiction over federally

owned property to appropriate Secretary

The head of any Federal department or

agency having administrative jurisdiction

over any lands or interests in land within

the authorized boundaries of any federally

administered component of the national

wild and scenic rivers system designated

in section 1274 of this title or hereafter

designated for inclusion in the system by

Act of Congress is authorized to transfer

to the appropriate secretary jurisdiction

over such lands for administration in

accordance with the provisions of this

chapter. Lands acquired by or transferred

to the Secretary of Agriculture for the

purposes of this chapter within or adjacent to a national forest shall upon such

acquisition or transfer become national

forest lands.

(f) Acceptance of donated land, funds,

and other property

The appropriate Secretary is authorized to

accept donations of lands and interests in

land, funds, and other property for use in

connection with his administration of the

national wild and scenic rivers system.

(g) Retained right of use and occupancy;

termination; fair market value; “improved

property” defined

(1) Any owner or owners (hereinafter in

this subsection referred to as “owner”)

of improved property on the date of its

acquisition, may retain for themselves

and their successors or assigns a right

of use and occupancy of the improved

property for noncommercial residential

purposes for a definite term not to

exceed twenty-five years or, in lieu

thereof, for a term ending at the death

of the owner, or the death of his spouse,

or the death of either or both of them.

The owner shall elect the term to be

reserved. The appropriate Secretary

shall pay to the owner the fair market

value of the property on the date of

such acquisition less the fair market

value on such date of the right retained

by the owner.

(2) A right of use and occupancy

retained pursuant to this subsection shall

be subject to termination whenever the

appropriate Secretary is given reason-
244 National Forest System Resource Management - Recreation Management

able cause to find that such use and

occupancy is being exercised in a

manner which conflicts with the purposes of this chapter. In the event of

such a finding, the Secretary shall

tender to the holder of that right an

amount equal to the fair market value of

that portion of the right which remains

unexpired on the date of termination.

Such right of use or occupancy shall

terminate by operation of law upon

tender of the fair market price.

(3) The term “improved property”, as

used in this chapter, means a detached,

one-family dwelling (hereinafter referred to as “dwelling”), the construction of which was begun before January

1, 1967, (except where a different date

is specifically provided by law with

respect to any particular river) together

with so much of the land on which the

dwelling is situated, the said land being

in the same ownership as the dwelling,

as the appropriate Secretary shall

designate to be reasonably necessary

for the enjoyment of the dwelling for the

sole purpose of noncommercial residential use, together with any structures

accessory to the dwelling which are

situated on the land so designated. (16

U.S.C. 1277)

Restrictions on water resources

projects

Sec. 7 (a) Construction projects licensed

by Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission shall not license the construction of

any dam, water conduit, reservoir, powerhouse, transmission line, or other project

works under the Federal Power Act (41

Stat. 1063), as amended (16 U.S.C. 791a

et seq.), on or directly affecting any river

which is designated in section 1274 of this

title as a component of the national wild

and scenic rivers system or which is

hereafter designated for inclusion in that

system, and no department or agency of

the United States shall assist by loan,

grant, license, or otherwise in the construction of any water resources project

that would have a direct and adverse

effect on the values for which such river

was established, as determined by the

Secretary charged with its administration.

Nothing contained in the foregoing

sentence, however, shall preclude licensing of, or assistance to, developments

below or above a wild, scenic or recreational river area or on any stream

tributary thereto which will not invade the

area or unreasonably diminish the scenic,

recreational, and fish and wildlife values

present in the area on the date of designation of a river as a component of the

National Wild and Scenic Rivers System.

No department or agency of the United

States shall recommend authorization of

any water resources project that would

have a direct and adverse effect on the

values for which such river was established, as determined by the Secretary

charged with its administration, or request

appropriations to begin construction of

any such project, whether heretofore or

hereafter authorized, without advising the

Secretary of the Interior or the Secretary

of Agriculture, as the case may be, in

writing of its intention so to do at least

sixty days in advance, and without
National Forest System Resource Management - Recreation Management 245

specifically reporting to the Congress in

writing at the time it makes its recommendation or request in what respect

construction of such project would be in

conflict with the purposes of this chapter

and would affect the component and the

values to be protected by it under this

chapter. Any license heretofore or

hereafter issued by the Federal Energy

Regulatory Commission affecting the

New River of North Carolina shall

continue to be effective only for that

portion of the river which is not included

in the National Wild and Scenic Rivers

System pursuant to section 1273 of this

title and no project or undertaking so

licensed shall be permitted to invade,

inundate or otherwise adversely affect

such river segment.

(b) Construction projects on rivers

designated for potential addition to system

The Federal Energy Regulatory Commission shall not license the construction of

any dam, water conduit, reservoir, powerhouse, transmission line, or other project

works under the Federal Power Act, as

amended (16 U.S.C. 791a et seq.), on or

directly affecting any river which is listed

in section 1276(a) of this title, and no

department or agency of the United

States shall assist by loan, grant, license,

or otherwise in the construction of any

water resources project that would have

a direct and adverse effect on the values

for which such river might be designated,

as determined by the Secretary responsible for its study or approval –

(i) during the ten-year period following October 2, 1968, or for a three

complete fiscal year period following

any Act of Congress designating any

river for potential addition to the

national wild and scenic rivers

system, whichever is later, unless,

prior to the expiration of the relevant

period, the Secretary of the Interior

and, where national forest lands are

involved, the Secretary of Agriculture, on the basis of study, determine

that such river should not be included

in the national wild and scenic rivers

system and notify the Committee on

Energy and Natural Resources of

the Senate and the Committee on

Natural Resources of the House of

Representatives, in writing, including

a copy of the study upon which the

determination was made, at least one

hundred and eighty days while

Congress is in session prior to

publishing notice to that effect in the

Federal Register: Provided, That if

any Act designating any river or

rivers for potential addition to the

national wild and scenic rivers

system provides a period for the

study or studies which exceeds such

three complete fiscal year period the

period provided for in such Act shall

be substituted for the three complete

fiscal year period in the provisions of

this clause (i); and

(ii) during such interim period from

the date a report is due and the time

a report is actually submitted to the

Congress; and

(iii) during such additional period

thereafter as, in the case of any river

the report for which is submitted to

the President and the Congress, is
246 National Forest System Resource Management - Recreation Management

necessary for congressional consideration thereof or, in the case of any

river recommended to the Secretary

of the Interior for inclusion in the

national wild and scenic rivers

system under section 1273(a)(ii) of

this title, is necessary for the

Secretary’s consideration thereof,

which additional period, however,

shall not exceed three years in the

first case and one year in the

second. Nothing contained in the

foregoing sentence, however, shall

preclude licensing of, or assistance

to, developments below or above a

potential wild, scenic or recreational

river area or on any stream tributary

thereto which will not invade the

area or diminish the scenic, recreational, and fish and wildlife values

present in the potential wild, scenic

or recreational river area on the date

of designation of a river for study as

provided for in section 1276 of this

title. No department or agency of the

United States shall, during the

periods hereinbefore specified,

recommend authorization of any

water resources project on any such

river or request appropriations to

begin construction of any such

project, whether heretofore or

hereafter authorized, without advising the Secretary of the Interior and,

where national forest lands are

involved, the Secretary of Agriculture in writing of its intention so to do

at least sixty days in advance of

doing so and without specifically

reporting to the Congress in writing

at the time it makes its recommendation or request in what respect

construction of such project would

be in conflict with the purposes of

this chapter and would affect the

component and the values to be

protected by it under this chapter.

(c) Activities in progress affecting river of

system; notice to Secretary

The Federal Energy Regulatory Commission and all other Federal agencies shall,

promptly upon enactment of this chapter,

inform the Secretary of the Interior and,

where national forest lands are involved,

the Secretary of Agriculture, of any

proceedings, studies, or other activities

within their jurisdiction which are now in

progress and which affect or may affect

any of the rivers specified in section

1276(a) of this title. They shall likewise

inform him of any such proceedings,

studies, or other activities which are

hereafter commenced or resumed before

they are commenced or resumed.

(d) Grants under Land and Water Conservation Fund Act of 1965

Nothing in this section with respect to the

making of a loan or grant shall apply to

grants made under the Land and Water

Conservation Fund Act of 1965 (16

U.S.C. 460l-4 et seq.). (16 U.S.C. 1278)

Withdrawal of public lands from

entry, sale, or other disposition

under public land laws

Sec. 8 (a) Lands within authorized

boundaries of components of system

All public lands within the authorized

boundaries of any component of the

national wild and scenic rivers system
National Forest System Resource Management - Recreation Management 247

which is designated in section 1274 of this

title or which is designated after October

2, 1968, for inclusion in that system are

hereby withdrawn from entry, sale, or

other disposition under the public land

laws of the United States. This subsection

shall not be construed to limit the authorities granted in section 1277(d) or section

1285a of this title.

(b) Lands constituting bed or bank of

river; lands within bank area

All public lands which constitute the bed

or bank, or are within one-quarter mile of

the bank, of any river which is listed in

section 1276(a) of this title are hereby

withdrawn from entry, sale, or other

disposition under the public land laws of

the United States for the periods specified

in section 1278(b) of this title. Notwithstanding the foregoing provisions of this

subsection or any other provision of this

chapter, subject only to valid existing

rights, including valid Native selection

rights under the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.),

all public lands which constitute the bed

or bank, or are within an area extending

two miles from the bank of the river

channel on both sides of the river segments referred to in paragraphs (77)

through (88) of section 1276(a) of this

title are hereby withdrawn from entry,

sale, State selection or other disposition

under the public land laws of the United

States for the periods specified in section

1278(b) of this title. (16 U.S.C. 1279)

Federal mining and mineral leasing

laws

Sec. 9 (a) Applicability to components of

system Nothing in this chapter shall affect

the applicability of the United States

mining and mineral leasing laws within

components of the national wild and

scenic rivers system except that –

(i) all prospecting, mining operations,

and all other activities on mining

claims which, in the case of a

component of the system designated

in section 1274 of this title, have not

heretofore been perfected or which,

in the case of a component hereafter

designated pursuant to this chapter

or any other Act of Congress, are

not perfected before its inclusion in

the system and all mining operations

and other activities under a mineral

lease, license, or permit issued or

renewed after inclusion of a component in the system shall be subject to

such regulations as the Secretary of

the Interior or, in the case of national

forest lands, the Secretary of

Agriculture may prescribe to effectuate the purposes of this chapter;

(ii) subject to valid existing rights, the

perfection of, issuance of a patent to,

any mining claim affecting lands

within the system shall confer or

convey a right or title only to the

mineral deposits and such rights only

to the use of the surface and the

surface resources as are reasonably

required to carrying on prospecting

or mining operations and are consistent with such regulations as may be

prescribed by the Secretary of the

Interior or, in the case of national

forest lands, by the Secretary of

Agriculture; and
248 National Forest System Resource Management - Recreation Management

(iii) subject to valid existing rights,

the minerals in Federal lands which

are part of the system and constitute

the bed or bank or are situated

within one-quarter mile of the bank

of any river designated a wild river

under this chapter or any subsequent

Act are hereby withdrawn from all

forms of appropriation under the

mining laws and from operation of

the mineral leasing laws including, in

both cases, amendments thereto.

Regulations issued pursuant to

paragraphs (i) and (ii) of this subsection shall, among other things,

provide safeguards against pollution

of the river involved and unnecessary impairment of the scenery

within the component in question.

(b) Withdrawal from appropriation of

minerals in Federal river beds or

bank areas; prospecting, leases,

licenses, and permits

The minerals in any Federal lands

which constitute the bed or bank or

are situated within one-quarter mile

of the bank of any river which is

listed in section 1276(a) of this title

are hereby withdrawn from all forms

of appropriation under the mining

laws during the periods specified in

section 1278(b) of this title. Nothing

contained in this subsection shall be

construed to forbid prospecting or

the issuance of leases, licenses, and

permits under the mineral leasing

laws subject to such conditions as

the Secretary of the Interior and, in

the case of national forest lands, the

Secretary of Agriculture find appropriate to safeguard the area in the

event it is subsequently included in

the system. Notwithstanding the

foregoing provisions of this subsection or any other provision of this

chapter, all public lands which

constitute the bed or bank, or are

within an area extending two miles

from the bank of the river channel

on both sides of the river segments

referred to in paragraphs (77)

through (88) of section 1276(a) of

this title are hereby withdrawn

subject to valid existing rights, from

all forms of appropriation under the

mining laws and from operation of

the mineral leasing laws including, in

both cases, amendments thereto,

during the periods specified in

section 1278(b) of this title. (16

U.S.C. 1280)

Administration

Sec. 10 (a) Public use and enjoyment of

components; protection of features;

management plans

Each component of the national wild and

scenic rivers system shall be administered

in such manner as to protect and enhance

the values which caused it to be included

in said system without, insofar as is

consistent therewith, limiting other uses

that do not substantially interfere with

public use and enjoyment of these values.

In such administration primary emphasis

shall be given to protecting its esthetic,

scenic, historic, archeologic, and scientific

features. Management plans for any such

component may establish varying degrees

of intensity for its protection and develop-
National Forest System Resource Management - Recreation Management 249

ment, based on the special attributes of

the area.

(b) Wilderness areas

Any portion of a component of the

national wild and scenic rivers system

that is within the national wilderness

preservation system, as established by or

pursuant to the Wilderness Act (16

U.S.C. 1131 et seq.), shall be subject to

the provisions of both the Wilderness Act

and this chapter with respect to preservation of such river and its immediate

environment, and in case of conflict

between the provisions of the Wilderness

Act and this chapter the more restrictive

provisions shall apply.

(c) Areas administered by National Park

Service and Fish and Wildlife Service

 Any component of the national wild and

scenic rivers system that is administered

by the Secretary of the Interior through

the National Park Service shall become a

part of the national park system, and any

such component that is administered by

the Secretary through the Fish and

Wildlife Service shall become a part of

the national wildlife refuge system. The

lands involved shall be subject to the

provisions of this chapter and the Acts

under which the national park system or

national wildlife system, as the case may

be, is administered, and in case of conflict

between the provisions of this chapter

and such Acts, the more restrictive

provisions shall apply. The Secretary of

the Interior, in his administration of any

component of the national wild and scenic

rivers system, may utilize such general

statutory authorities relating to areas of

the national park system and such general

statutory authorities otherwise available to

him for recreation and preservation

purposes and for the conservation and

management of natural resources as he

deems appropriate to carry out the

purposes of this chapter.

(d) Statutory authorities relating to

national forests

The Secretary of Agriculture, in his

administration of any component of the

national wild and scenic rivers system

area, may utilize the general statutory

authorities relating to the national forests

in such manner as he deems appropriate

to carry out the purposes of this chapter.

(e) Cooperative agreements with State

and local governments

The Federal agency charged with the

administration of any component of the

national wild and scenic rivers system

may enter into written cooperative

agreements with the Governor of a State,

the head of any State agency, or the

appropriate official of a political subdivision of a State for State or local governmental participation in the administration

of the component. The States and their

political subdivisions shall be encouraged

to cooperate in the planning and administration of components of the system

which include or adjoin State- or countyowned lands. (16 U.S.C. 1281)

Assistance to State and local

projects

Sec. 11 (a) Assistance of Secretary of

the Interior

The Secretary of the Interior shall
250 National Forest System Resource Management - Recreation Management

encourage and assist the States to

consider, in formulating and carrying out

their comprehensive statewide outdoor

recreation plans and proposals for financing assistance for State and local projects

submitted pursuant to the Land and Water

Conservation Fund Act of 1965 (78 Stat.

897) (16 U.S.C. 460l-4 et seq.), needs

and opportunities for establishing State

and local wild, scenic and recreational

areas.

(b) Assistance of Secretaries of the

Interior, Agriculture, or other Federal

agency heads; use of Federal facilities,

equipment, etc.; conditions on permits or

other authorizations

(1) The Secretary of the Interior, the

Secretary of Agriculture, or the head of

any other Federal agency, shall assist,

advise, and cooperate with States or

their political subdivisions, landowners,

private organizations, or individuals to

plan, protect, and manage river resources. Such assistance, advice, and

cooperation may be through written

agreements or otherwise. This authority

applies within or outside a federally

administered area and applies to rivers

which are components of the National

Wild and Scenic Rivers System and to

other rivers. Any agreement under this

subsection may include provisions for

limited financial or other assistance to

encourage participation in the acquisition, protection, and management of

river resources.

(2) Wherever appropriate in furtherance

of this chapter, the Secretary of Agriculture and the Secretary of the Interior

are authorized and encouraged to utilize

the following:

(A) For activities on federally owned

land, the Volunteers in the Parks Act

of 1969 (16 U.S.C. 18g et seq.) and

the Volunteers in the Forest Act of

1972 (16 U.S.C. 558a-558d).

(B) For activities on all other lands,

section 6 of the Land and Water

Conservation Fund Act of 1965 (16

U.S.C. 460l-8) (relating to the development of statewide comprehensive

outdoor recreation plans).

(3) For purposes of this subsection, the

appropriate Secretary or the head of

any Federal agency may utilize and

make available Federal facilities,

equipment, tools and technical assistance to volunteers and volunteer

organizations, subject to such limitations

and restrictions as the appropriate

Secretary or the head of any Federal

agency deems necessary or desirable.

(4) No permit or other authorization

provided for under provision of any

other Federal law shall be conditioned

on the existence of any agreement

provided for in this section. (16 U.S.C.

1282)

Volunteer trails assistance

(a) Volunteer planning, development,

maintenance, and management of trails

(1) In addition to the cooperative

agreement and other authorities contained in this chapter, the Secretary of

the Interior, the Secretary of Agriculture, and the head of any Federal

agency administering Federal lands, are

authorized to encourage volunteers and
National Forest System Resource Management - Recreation Management 251

volunteer organizations to plan, develop,

maintain, and manage, where appropriate, trails throughout the Nation.

(2) Wherever appropriate in furtherance

of the purposes of this chapter, the

Secretaries are authorized and encouraged to utilize the Volunteers in the

Parks Act of 1969 (16 U.S.C. 18g et

seq.), the Volunteers in the Forests Act

of 1972 (16 U.S.C. 558a et seq.), and

section 460l-8 of this title (relating to the

development of Statewide Comprehensive Outdoor Recreation Plans).

(b) Scope of volunteer work

Each Secretary or the head of any

Federal land managing agency may assist

volunteers and volunteer organizations in

planning, developing, maintaining, and

managing trails. Volunteer work may

include, but need not be limited to –

(1) planning, developing, maintaining, or

managing (A) trails which are components of the national trails system, or

(B) trails which, if so developed and

maintained, could qualify for designation

as components of the national trails

system; or

(2) operating programs to organize and

supervise volunteer trail building efforts

with respect to the trails referred to in

paragraph (1), conducting trail-related

research projects, or providing education and training to volunteers on

methods of trails planning, construction,

and maintenance.

(c) Use of Federal facilities, equipment,

tools, and technical assistance

The appropriate Secretary or the head of

any Federal land managing agency may

utilize and make available Federal facilities, equipment, tools, and technical

assistance to volunteers and volunteer

organizations, subject to such limitations

and restrictions as the appropriate Secretary or the head of any Federal land

managing agency deems necessary or

desirable. (16 U.S.C. 1250)

Management policies

Sec. 12 (a) Action of Secretaries and

heads of agencies; cooperative agreements

The Secretary of the Interior, the Secretary of Agriculture, and the head of any

other Federal department or agency

having jurisdiction over any lands which

include, border upon, or are adjacent to,

any river included within the National

Wild and Scenic Rivers System or under

consideration for such inclusion, in

accordance with section 1273(a)(ii),

1274(a), or 1276(a) of this title, shall take

such action respecting management

policies, regulations, contracts, plans,

affecting such lands, following November

10, 1978, as may be necessary to protect

such rivers in accordance with the

purposes of this chapter. Such Secretary

or other department or agency head shall,

where appropriate, enter into written

cooperative agreements with the appropriate State or local official for the

planning, administration, and management

of Federal lands which are within the

boundaries of any rivers for which

approval has been granted under section

1273(a)(ii) of this title. Particular attention

shall be given to scheduled timber har-
252 National Forest System Resource Management - Recreation Management

vesting, road construction, and similar

activities which might be contrary to the

purposes of this chapter.

(b) Existing rights, privileges, and contracts affecting Federal lands

Nothing in this section shall be construed

to abrogate any existing rights, privileges,

or contracts affecting Federal lands held

by any private party without consent of

said party.

(c) Water pollution

The head of any agency administering a

component of the national wild and scenic

rivers system shall cooperate with the

Administrator, Environmental Protection

Agency and with the appropriate State

water pollution control agencies for the

purpose of eliminating or diminishing the

pollution of waters of the river. (16

U.S.C. 1283)

Existing State jurisdiction and

responsibilities

Sec. 13 (a) Fish and wildlife

Nothing in this chapter shall affect the

jurisdiction or responsibilities of the States

with respect to fish and wildlife. Hunting

and fishing shall be permitted on lands

and waters administered as parts of the

system under applicable State and

Federal laws and regulations unless, in the

case of hunting, those lands or waters are

within a national park or monument. The

administering Secretary may, however,

designate zones where, and establish

periods when, no hunting is permitted for

reasons of public safety, administration, or

public use and enjoyment and shall issue

appropriate regulations after consultation

with the wildlife agency of the State or

States affected.

(b) Compensation for water rights

The jurisdiction of the States and the

United States over waters of any stream

included in a national wild, scenic or

recreation river area shall be determined

by established principles of law. Under

the provisions of this chapter, any taking

by the United States of a water right

which is vested under either State or

Federal law at the time such river is

included in the national wild and scenic

rivers system shall entitle the owner

thereof to just compensation. Nothing in

this chapter shall constitute an express or

implied claim or denial on the part of the

Federal Government as to exemption

from State water laws.

(c) Reservation of waters for other

purposes or in unnecessary quantities

prohibited

Designation of any stream or portion

thereof as a national wild, scenic or

recreational river area shall not be

construed as a reservation of the waters

of such streams for purposes other than

those specified in this chapter, or in

quantities greater than necessary to

accomplish these purposes.

(d) State jurisdiction over included

streams

The jurisdiction of the States over waters

of any stream included in a national wild,

scenic or recreational river area shall be

unaffected by this chapter to the extent

that such jurisdiction may be exercised

without impairing the purposes of this

chapter or its administration.
National Forest System Resource Management - Recreation Management 253

(e) Interstate compacts

Nothing contained in this chapter shall be

construed to alter, amend, repeal, interpret, modify, or be in conflict with any

interstate compact made by any States

which contain any portion of the national

wild and scenic rivers system.

(f) Rights of access to streams

Nothing in this chapter shall affect

existing rights of any State, including the

right of access, with respect to the beds

of navigable streams, tributaries, or rivers

(or segments thereof) located in a national wild, scenic or recreational river

area.

(g) Easements and rights-of-way

The Secretary of the Interior or the

Secretary of Agriculture, as the case may

be, may grant easements and rights-ofway upon, over, under, across, or through

any component of the national wild and

scenic rivers system in accordance with

the laws applicable to the national park

system and the national forest system,

respectively: Provided, That any conditions precedent to granting such easements and rights-of-way shall be related

to the policy and purpose of this chapter.

(16 U.S.C. 1284)

Claim and allowance of charitable

deduction for contribution or gift of

easement

Sec. 14 The claim and allowance of the

value of an easement as a charitable

contribution under section 170 of title 26,

or as a gift under section 2522 of said title

shall constitute an agreement by the

donor on behalf of himself, his heirs, and

assigns that, if the terms of the instrument

creating the easement are violated, the

donee or the United States may acquire

the servient estate at its fair market value

as of the time the easement was donated

minus the value of the easement claimed

and allowed as a charitable contribution

or gift. (16 U.S.C. 1285)

Lease of Federal lands

Sec. 14A (a) Authority of Secretary;

restrictive covenants

Where appropriate in the discretion of the

Secretary, he may lease federally owned

land (or any interest therein) which is

within the boundaries of any component

of the National Wild and Scenic Rivers

System and which has been acquired by

the Secretary under this chapter. Such

lease shall be subject to such restrictive

covenants as may be necessary to carry

out the purposes of this chapter.

(b) Offer to prior owner

Any land to be leased by the Secretary

under this section shall be offered first for

such lease to the person who owned such

land immediately before its acquisition by

the United States. (16 U.S.C. 1285a)

Establishment of boundaries for

certain component rivers in Alaska;

withdrawal of minerals

Sec. 15 Notwithstanding any other

provision to the contrary in sections 1274

and 1280 of this title, with respect to

components of the National Wild and

Scenic Rivers System in Alaska designated by paragraphs (38) through (50) of

section 1274(a) of this title -
254 National Forest System Resource Management - Recreation Management

(1) the boundary of each such river

shall include an average of not more

than six hundred and forty acres per

mile on both sides of the river. Such

boundary shall not include any lands

owned by the State or a political subdivision of the State nor shall such

boundary extend around any private

lands adjoining the river in such manner

as to surround or effectively surround

such private lands; and

(2) the withdrawal made by paragraph

(iii) of section 1280(a) of this title shall

apply to the minerals in Federal lands

which constitute the bed or bank or are

situated within one-half mile of the bank

of any river designated a wild river by

the Alaska National Interest Lands

Conservation Act. (16 U.S.C. 1285b)

Definitions

Sec. 16 As used in this chapter, the term

–

(a) “River” means a flowing body of

water or estuary or a section, portion, or

tributary thereof, including rivers, streams,

creeks, runs, kills, rills, and small lakes.

(b) “Free-flowing”, as applied to any river

or section of a river, means existing or

flowing in natural condition without

impoundment, diversion, straightening, riprapping, or other modification of the

waterway. The existence, however, of

low dams, diversion works, and other

minor structures at the time any river is

proposed for inclusion in the national wild

and scenic rivers system shall not automatically bar its consideration for such

inclusion: Provided, That this shall not be

construed to authorize, intend, or encourage future construction of such structures

within components of the national wild

and scenic rivers system.

(c) “Scenic easement” means the right to

control the use of land (including the air

space above such land) within the authorized boundaries of a component of the

wild and scenic rivers system, for the

purpose of protecting the natural qualities

of a designated wild, scenic or recreational river area, but such control shall

not affect, without the owner’s consent,

any regular use exercised prior to the

acquisition of the easement. For any

designated wild and scenic river, the

appropriate Secretary shall treat the

acquisition of fee title with the reservation

of regular existing uses to the owner as a

scenic easement for purposes of this

chapter. Such an acquisition shall not

constitute fee title ownership for purposes

of section 1277(b) of this title. (16 U.S.C.

1286)

Authorization of appropriations

Sec. 17 There are hereby authorized to

be appropriated, including such sums as

have heretofore been appropriated, the

following amounts for land acquisition for

each of the rivers (described in section

1274(a) of this title): *** (16 U.S.C.

1287)
National Forest System Resource Management - Recreation Management 255

National Trails System Act

October 2, 1968 (Pub. L. 90-543, 82 Stat. 919; 16 U.S.C. 1241

note, 1241 to 1251)

Short title

Sec. 1 This Act may be cited as the

‘National Trails System Act’. (16 U.S.C.

1241 note)

Congressional statement of policy

and declaration of purpose

Sec. 2 (a) Considerations for determining

establishment of trails

In order to provide for the ever-increasing

outdoor recreation needs of an expanding

population and in order to promote the

preservation of, public access to, travel

within, and enjoyment and appreciation of

the open-air, outdoor areas and historic

resources of the Nation, trails should be

established

(i) primarily, near the urban areas of

the Nation, and

(ii) secondarily, within scenic areas

and along historic travel routes of the

Nation, which are often more

remotely located.

(b) Initial components

The purpose of this chapter is to provide

the means for attaining these objectives

by instituting a national system of recreation, scenic and historic trails, by designating the Appalachian Trail and the

Pacific Crest Trail as the initial components of that system, and by prescribing

the methods by which, and standards

according to which, additional components may be added to the system.

(c) Volunteer citizen involvement

The Congress recognizes the valuable

contributions that volunteers and private,

nonprofit trail groups have made to the

development and maintenance of the

Nation’s trails. In recognition of these

contributions, it is further the purpose of

this chapter to encourage and assist

volunteer citizen involvement in the

planning, development, maintenance, and

management, where appropriate, of trails.

(16 U.S.C. 1241)

National trails system

Sec. 3 (a) Composition: recreation trails;

scenic trails; historic trails; connecting or

side trails; uniform markers

The national system of trails shall be

composed of the following:

(1) National recreation trails, established

as provided in section 1243 of this title,

which will provide a variety of outdoor

recreation uses in or reasonably accessible to urban areas.

(2) National scenic trails, established as

provided in section 1244 of this title,

which will be extended trails so located

as to provide for maximum outdoor

recreation potential and for the conservation and enjoyment of the nationally

significant scenic, historic, natural, or

cultural qualities of the areas through
256 National Forest System Resource Management - Recreation Management

which such trails may pass. National

scenic trails may be located so as to

represent desert, marsh, grassland,

mountain, canyon, river, forest, and

other areas, as well as landforms which

exhibit significant characteristics of the

physiographic regions of the Nation.

(3) National historic trails, established as

provided in section 1244 of this title,

which will be extended trails which

follow as closely as possible and

practicable the original trails or routes of

travel of national historical significance.

Designation of such trails or routes shall

be continuous, but the established or

developed trail, and the acquisition

thereof, need not be continuous onsite.

National historic trails shall have as their

purpose the identification and protection

of the historic route and its historic

remnants and artifacts for public use

and enjoyment. Only those selected land

and water based components of an

historic trail which are on federally

owned lands and which meet the

national historic trail criteria established

in this chapter are included as Federal

protection components of a national

historic trail. The appropriate Secretary

may certify other lands as protected

segments of an historic trail upon

application from State or local governmental agencies or private interests

involved if such segments meet the

national historic trail criteria established

in this chapter and such criteria supplementary thereto as the appropriate

Secretary may prescribe, and are

administered by such agencies or

interests without expense to the United

States.

(4) Connecting or side trails, established

as provided in section 1245 of this title,

which will provide additional points of

public access to national recreation,

national scenic or national historic trails

or which will provide connections

between such trails.

The Secretary of the Interior and the

Secretary of Agriculture, in consultation

with appropriate governmental agencies

and public and private organizations, shall

establish a uniform marker for the

national trails system.

(b) Extended trails

For purposes of this section, the term

“extended trails” means trails or trail

segments which total at least one hundred

miles in length, except that historic trails

of less than one hundred miles may be

designated as extended trails. While it is

desirable that extended trails be continuous, studies of such trails may conclude

that it is feasible to propose one or more

trail segments which, in the aggregate,

constitute at least one hundred miles in

length. (16 U.S.C. 1242)

National recreation trails;

establishment and designation;

prerequisites

Sec. 4 (a) The Secretary of the Interior,

or the Secretary of Agriculture where

lands administered by him are involved,

may establish and designate national

recreation trails, with the consent of the

Federal agency, State, or political subdivision having jurisdiction over the lands

involved, upon finding that -
National Forest System Resource Management - Recreation Management 257

(i) such trails are reasonably accessible to urban areas, and, or

(ii) such trails meet the criteria

established in this chapter and such

supplementary criteria as he may

prescribe.

(b) As provided in this section, trails

within park, forest, and other recreation

areas administered by the Secretary of

the Interior or the Secretary of Agriculture or in other federally administered

areas may be established and designated

as “National Recreation Trails” by the

appropriate Secretary and, when no

Federal land acquisition is involved -

(i) trails in or reasonably accessible

to urban areas may be designated as

“National Recreation Trails” by the

appropriate Secretary with the

consent of the States, their political

subdivisions, or other appropriate

administering agencies;

(ii) trails within park, forest, and

other recreation areas owned or

administered by States may be

designated as “National Recreation

Trails” by the appropriate Secretary

with the consent of the State; and

(iii) trails on privately owned lands

may be designated “National Recreation Trails” by the appropriate

Secretary with the written consent

of the owner of the property involved. (16 U.S.C. 1243)

National scenic and national historic

trails

Sec. 5 (a) Establishment and designation;

administration

National scenic and national historic trails

shall be authorized and designated only by

Act of Congress. There are hereby

established the following National Scenic

and National Historic Trails:

***

(b) Additional national scenic or national

historic trails; feasibility studies; consultations; submission of studies to Congress;

scope of studies; qualifications for

national historic trail designation

The Secretary of the Interior, through the

agency most likely to administer such

trail, and the Secretary of Agriculture

where lands administered by him are

involved, shall make such additional

studies as are herein or may hereafter be

authorized by the Congress for the

purpose of determining the feasibility and

desirability of designating other trails as

national scenic or national historic trails.

Such studies shall be made in consultation

with the heads of other Federal agencies

administering lands through which such

additional proposed trails would pass and

in cooperation with interested interstate,

State, and local governmental agencies,

public and private organizations, and

landowners and land users concerned.

The feasibility of designating a trail shall

be determined on the basis of an evaluation of whether or not it is physically

possible to develop a trail along a route

being studied, and whether the development of a trail would be financially

feasible. The studies listed in subsection

(c) of this section shall be completed and

submitted to the Congress, with recom-
258 National Forest System Resource Management - Recreation Management

mendations as to the suitability of trail

designation, not later than three complete

fiscal years from the date of enactment

of their addition to this subsection, or from

November 10, 1978, whichever is later.

Such studies, when submitted, shall be

printed as a House or Senate document,

and shall include, but not be limited to:

(1) the proposed route of such trail

(including maps and illustrations);

(2) the areas adjacent to such trails, to

be utilized for scenic, historic, natural,

cultural, or developmental, purposes;

(3) the characteristics which, in the

judgment of the appropriate Secretary,

make the proposed trail worthy of

designation as a national scenic or

national historic trail; and in the case of

national historic trails the report shall

include the recommendation of the

Secretary of the Interior’s National

Park System Advisory Board as to the

national historic significance based on

the criteria developed under the Historic

Sites Act of 1935 (49 Stat. 666; 16

U.S.C. 461);

(4) the current status of land ownership

and current and potential use along the

designated route;

(5) the estimated cost of acquisition of

lands or interests in lands, if any;

(6) the plans for developing and maintaining the trail and the cost thereof;

(7) the proposed Federal administering

agency (which, in the case of a national

scenic trail wholly or substantially within

a national forest, shall be the Department of Agriculture);

(8) the extent to which a State or its

political subdivisions and public and

private organizations might reasonably

be expected to participate in acquiring

the necessary lands in the administration

thereof;

(9) the relative uses of the lands involved, including: the number of anticipated visitor-days for the entire length

of, as well as for segments of, such

trail; the number of months which such

trail, or segments thereof, will be open

for recreation purposes; the economic

and social benefits which might accrue

from alternate land uses; and the

estimated man-years of civilian employment and expenditures expected for the

purposes of maintenance, supervision,

and regulation of such trail;

(10) the anticipated impact of public

outdoor recreation use on the preservation of a proposed national historic trail

and its related historic and archeological

features and settings, including the

measures proposed to ensure evaluation

and preservation of the values that

contribute to their national historic

significance; and

(11) to qualify for designation as a

national historic trail, a trail must meet

all three of the following criteria:

(A) It must be a trail or route established by historic use and must be

historically significant as a result of

that use. The route need not currently

exist as a discernible trail to qualify,

but its location must be sufficiently

known to permit evaluation of public

recreation and historical interest
National Forest System Resource Management - Recreation Management 259

potential. A designated trail should

generally accurately follow the historic

route, but may deviate somewhat on

occasion of necessity to avoid difficult

routing through subsequent development, or to provide some route variation offering a more pleasurable

recreational experience. Such deviations shall be so noted on site. Trail

segments no longer possible to travel

by trail due to subsequent development

as motorized transportation routes may

be designated and marked onsite as

segments which link to the historic

trail.

(B) It must be of national significance

with respect to any of several broad

facets of American history, such as

trade and commerce, exploration,

migration and settlement, or military

campaigns. To qualify as nationally

significant, historic use of the trail

must have had a far-reaching effect

on broad patterns of American culture.

Trails significant in the history of

native Americans may be included.

(C) It must have significant potential

for public recreational use or historical

interest based on historic interpretation

and appreciation. The potential for

such use is generally greater along

roadless segments developed as

historic trails, and at historic sites

associated with the trail. The presence

of recreation potential not related to

historic appreciation is not sufficient

justification for designation under this

category.

(c) Routes subject to consideration for

designation as national scenic trails

The following routes shall be studied in

accordance with the objectives outlined in

subsection (b) of this section:

***

(d) Trail advisory councils; establishment

and termination; term and compensation;

membership; chairman

The Secretary charged with the administration of each respective trail shall,

within one year of the date of the addition

of any national scenic or national historic

trail to the System, and within sixty days

of November 10, 1978, for the Appalachian and Pacific Crest National Scenic

Trails, establish an advisory council for

each such trail, each of which councils

shall expire ten years from the date of its

establishment. establishment, 1

 except

that the Advisory Council established for

the Iditarod Historic Trail shall expire

twenty years from the date of its establishment. If the appropriate Secretary is

unable to establish such an advisory

council because of the lack of adequate

public interest, the Secretary shall so

advise the appropriate committees of the

Congress. The appropriate Secretary

shall consult with such council from time

to time with respect to matters relating to

the trail, including the selection of rightsof-way, standards for the erection and

maintenance of markers along the trail,

and the administration of the trail. The

members of each advisory council, which

shall not exceed thirty-five in number,

shall serve for a term of two years and

without compensation as such, but the

Secretary may pay, upon vouchers signed
260 National Forest System Resource Management - Recreation Management

by the chairman of the council, the

expenses reasonably incurred by the

council and its members in carrying out

their responsibilities under this section.

Members of each council shall be appointed by the appropriate Secretary as

follows:

(1) the head of each Federal department or independent agency administering lands through which the trail route

passes, or his designee;

(2) a member appointed to represent

each State through which the trail

passes, and such appointments shall be

made from recommendations of the

Governors of such States;

(3) one or more members appointed to

represent private organizations, including corporate and individual landowners

and land users, which in the opinion of

the Secretary, have an established and

recognized interest in the trail, and such

appointments shall be made from

recommendations of the heads of such

organizations: Provided, That the

Appalachian Trail Conference shall be

represented by a sufficient number of

persons to represent the various sections of the country through which the

Appalachian Trail passes; and

(4) the Secretary shall designate one

member to be chairman and shall fill

vacancies in the same manner as the

original appointment.

(e) Comprehensive national scenic trail

plan; consultation; submission to Congressional committees

Within two complete fiscal years of the

date of enactment of legislation designating a national scenic trail, except for the

Continental Divide National Scenic Trail

and the North Country National Scenic

Trail, as part of the system, and within

two complete fiscal years of November

10, 1978, for the Pacific Crest and

Appalachian Trails, the responsible

Secretary shall, after full consultation with

affected Federal land managing agencies,

the Governors of the affected States, the

relevant advisory council established

pursuant to subsection (d) of this section,

and the Appalachian Trail Conference in

the case of the Appalachian Trail, submit

to the Committee on Natural Resources

of the House of Representatives and the

Committee on Energy and Natural

Resources of the Senate, a comprehensive plan for the acquisition, management,

development, and use of the trail, including but not limited to, the following items:

(1) specific objectives and practices to

be observed in the management of the

trail, including the identification of all

significant natural, historical, and

cultural resources to be preserved

(along with high potential historic sites

and high potential route segments in the

case of national historic trails), details of

anticipated cooperative agreements to

be consummated with other entities, and

an identified carrying capacity of the

trail and a plan for its implementation;

(2) an acquisition or protection plan, by

fiscal year, for all lands to be acquired

by fee title or lesser interest, along with

detailed explanation of anticipated

necessary cooperative agreements for

any lands not to be acquired; and
National Forest System Resource Management - Recreation Management 261

(3) general and site-specific development plans including anticipated costs.

(f) Comprehensive national historic trail

plan; consultation; submission to Congressional committees

Within two complete fiscal years of the

date of enactment of legislation designating a national historic trail or the Continental Divide National Scenic Trail or the

North Country National Scenic Trail as

part of the system, the responsible

Secretary shall, after full consultation with

affected Federal land managing agencies,

the Governors of the affected States, and

the relevant Advisory Council established

pursuant to subsection (d) of this section,

submit to the Committee on Natural

Resources of the House of Representatives and the Committee on Energy and

Natural Resources of the Senate, a

comprehensive plan for the management,

and use of the trail, including but not

limited to, the following items:

(1) specific objectives and practices to

be observed in the management of the

trail, including the identification of all

significant natural, historical, and

cultural resources to be preserved,

details of any anticipated cooperative

agreements to be consummated with

State and local government agencies or

private interests, and for national scenic

or national historic trails an identified

carrying capacity of the trail and a plan

for its implementation;

(2) the process to be followed by the

appropriate Secretary to implement the

marking requirements established in

section 1246(c) of this title;

(3) a protection plan for any high

potential historic sites or high potential

route segments; and

(4) general and site-specific development plans, including anticipated costs.

(16 U.S.C. 1244)

1

 So in original. The words ‘’its establishment. establishment,” probably should be

‘’its establishment,”.

Connecting or side trails;

establishment, designation, and

marking as components of national

trails system; location

Sec. 6 Connecting or side trails within

park, forest, and other recreation areas

administered by the Secretary of the

Interior or Secretary of Agriculture may

be established, designated, and marked by

the appropriate Secretary as components

of a national recreation, national scenic or

national historic trail. When no Federal

land acquisition is involved, connecting or

side trails may be located across lands

administered by interstate, State, or local

governmental agencies with their consent,

or, where the appropriate Secretary

deems necessary or desirable, on privately owned lands with the consent of

the landowner. Applications for approval

and designation of connecting and side

trails on non-Federal lands shall be

submitted to the appropriate Secretary.

(16 U.S.C. 1245)

Administration and development of

national trails system

Sec. 7 (a) Consultation of Secretary with

other agencies; transfer of management
262 National Forest System Resource Management - Recreation Management

responsibilities; selection of rights-of-way;

criteria for selection; notice; impact upon

established uses

(1) (A) The Secretary charged with the

overall administration of a trail pursuant

to section 1244(a) of this title shall, in

administering and managing the trail,

consult with the heads of all other

affected State and Federal agencies.

Nothing contained in this chapter shall

be deemed to transfer among Federal

agencies any management responsibilities established under any other law for

federally administered lands which are

components of the National Trails

System. Any transfer of management

responsibilities may be carried out

between the Secretary of the Interior

and the Secretary of Agriculture only as

provided under subparagraph (B).

(B) The Secretary charged with the

overall administration of any trail

pursuant to section 1244(a) of this title

may transfer management of any

specified trail segment of such trail to

the other appropriate Secretary

pursuant to a joint memorandum of

agreement containing such terms and

conditions as the Secretaries consider

most appropriate to accomplish the

purposes of this chapter. During any

period in which management responsibilities for any trail segment are

transferred under such an agreement,

the management of any such segment

shall be subject to the laws, rules, and

regulations of the Secretary provided

with the management authority under

the agreement, except to such extent

as the agreement may otherwise

expressly provide.

(2) Pursuant to section 1244(a) of this

title, the appropriate Secretary shall

select the rights-of-way for national

scenic and national historic trails and

shall publish notice of the availability of

appropriate maps or descriptions in the

Federal Register: Provided, That in

selecting the rights-of-way full consideration shall be given to minimizing the

adverse effects upon the adjacent

landowner or user and his operation.

Development and management of each

segment of the National Trails System

shall be designed to harmonize with and

complement any established multipleuse plans for that specific area in order

to insure continued maximum benefits

from the land. The location and width of

such rights-of-way across Federal lands

under the jurisdiction of another Federal

agency shall be by agreement between

the head of that agency and the appropriate Secretary. In selecting rights-ofway for trail purposes, the Secretary

shall obtain the advice and assistance of

the States, local governments, private

organizations, and landowners and land

users concerned.

(b) Relocation of segment of national,

scenic or historic, trail right-of-way;

determination of necessity with official

having jurisdiction; necessity for Act of

Congress

After publication of notice of the availability of appropriate maps or descriptions

in the Federal Register, the Secretary

charged with the administration of a

national scenic or national historic trail
National Forest System Resource Management - Recreation Management 263

may relocate segments of a national

scenic or national historic trail right-ofway, with the concurrence of the head of

the Federal agency having jurisdiction

over the lands involved, upon a determination that: (i) such a relocation is necessary to preserve the purposes for which

the trail was established, or (ii) the

relocation is necessary to promote a

sound land management program in

accordance with established multiple-use

principles: Provided, That a substantial

relocation of the rights-of-way for such

trail shall be by Act of Congress.

(c) Facilities on national, scenic or

historic, trails; permissible activities; use

of motorized vehicles; trail markers;

establishment of uniform marker; placement of uniform markers; trail interpretation sites

National scenic or national historic trails

may contain campsites, shelters, and

related-public-use facilities. Other uses

along the trail, which will not substantially

interfere with the nature and purposes of

the trail, may be permitted by the Secretary charged with the administration of

the trail. Reasonable efforts shall be

made to provide sufficient access opportunities to such trails and, to the extent

practicable, efforts shall be made to avoid

activities incompatible with the purposes

for which such trails were established.

The use of motorized vehicles by the

general public along any national scenic

trail shall be prohibited and nothing in this

chapter shall be construed as authorizing

the use of motorized vehicles within the

natural and historical areas of the national

park system, the national wildlife refuge

system, the national wilderness preservation system where they are presently

prohibited or on other Federal lands

where trails are designated as being

closed to such use by the appropriate

Secretary: Provided, That the Secretary

charged with the administration of such

trail shall establish regulations which shall

authorize the use of motorized vehicles

when, in his judgment, such vehicles are

necessary to meet emergencies or to

enable adjacent landowners or land users

to have reasonable access to their lands

or timber rights: Provided further, That

private lands included in the national

recreation, national scenic, or national

historic trails by cooperative agreement of

a landowner shall not preclude such

owner from using motorized vehicles on

or across such trails or adjacent lands

from time to time in accordance with

regulations to be established by the

appropriate Secretary. Where a national

historic trail follows existing public roads,

developed rights-of-way or waterways,

and similar features of man’s

nonhistorically related development,

approximating the original location of a

historic route, such segments may be

marked to facilitate retracement of the

historic route, and where a national

historic trail parallels an existing public

road, such road may be marked to

commemorate the historic route. Other

uses along the historic trails and the

Continental Divide National Scenic Trail,

which will not substantially interfere with

the nature and purposes of the trail, and

which, at the time of designation, are

allowed by administrative regulations,

including the use of motorized vehicles,
264 National Forest System Resource Management - Recreation Management

shall be permitted by the Secretary

charged with the administration of the

trail. The Secretary of the Interior and the

Secretary of Agriculture, in consultation

with appropriate governmental agencies

and public and private organizations, shall

establish a uniform marker, including

thereon an appropriate and distinctive

symbol for each national recreation,

national scenic, and national historic trail.

Where the trails cross lands administered

by Federal agencies such markers shall

be erected at appropriate points along the

trails and maintained by the Federal

agency administering the trail in accordance with standards established by the

appropriate Secretary and where the

trails cross non-Federal lands, in accordance with written cooperative agreements, the appropriate Secretary shall

provide such uniform markers to cooperating agencies and shall require such

agencies to erect and maintain them in

accordance with the standards established. The appropriate Secretary may

also provide for trail interpretation sites,

which shall be located at historic sites

along the route of any national scenic or

national historic trail, in order to present

information to the public about the trail, at

the lowest possible cost, with emphasis on

the portion of the trail passing through the

State in which the site is located. Wherever possible, the sites shall be maintained

by a State agency under a cooperative

agreement between the appropriate

Secretary and the State agency.

(d) Use and acquisition of lands within

exterior boundaries of areas included

within right-of-way

Within the exterior boundaries of areas

under their administration that are included in the right-of-way selected for a

national recreation, national scenic, or

national historic trail, the heads of Federal

agencies may use lands for trail purposes

and may acquire lands or interests in

lands by written cooperative agreement,

donation, purchase with donated or

appropriated funds or exchange.

(e) Right-of-way lands outside exterior

boundaries of federally administered

areas; cooperative agreements or acquisition; failure to agree or acquire; agreement or acquisition by Secretary concerned; right of first refusal for original

owner upon disposal

Where the lands included in a national

scenic or national historic trail right-ofway are outside of the exterior boundaries of federally administered areas, the

Secretary charged with the administration

of such trail shall encourage the States or

local governments involved (1) to enter

into written cooperative agreements with

landowners, private organizations, and

individuals to provide the necessary trail

right-of-way, or (2) to acquire such lands

or interests therein to be utilized as

segments of the national scenic or

national historic trail: Provided, That if the

State or local governments fail to enter

into such written cooperative agreements

or to acquire such lands or interests

therein after notice of the selection of the

right-of-way is published, the appropriate

Secretary may (i) enter into such agreements with landowners, States, local

governments, private organizations, and

individuals for the use of lands for trail
National Forest System Resource Management - Recreation Management 265

purposes, or (ii) acquire private lands or

interests therein by donation, purchase

with donated or appropriated funds or

exchange in accordance with the provisions of subsection (f) of this section:

Provided further, That the appropriate

Secretary may acquire lands or interests

therein from local governments or governmental corporations with the consent

of such entities. The lands involved in

such rights-of-way should be acquired in

fee, if other methods of public control are

not sufficient to assure their use for the

purpose for which they are acquired:

Provided, That if the Secretary charged

with the administration of such trail

permanently relocates the right-of-way

and disposes of all title or interest in the

land, the original owner, or his heirs or

assigns, shall be offered, by notice given

at the former owner’s last known address, the right of first refusal at the fair

market price.

(f) Exchange of property within the rightof-way by Secretary of the Interior;

property subject to exchange; equalization

of value of property; exchange of national

forest lands by Secretary of Agriculture;

tracts lying outside trail acquisition area

(1) The Secretary of the Interior, in the

exercise of his exchange authority, may

accept title to any non-Federal property

within the right-of-way and in exchange

therefor he may convey to the grantor

of such property any federally owned

property under his jurisdiction which is

located in the State wherein such

property is located and which he

classifies as suitable for exchange or

other disposal. The values of the

properties so exchanged either shall be

approximately equal, or if they are not

approximately equal the values shall be

equalized by the payment of cash to the

grantor or to the Secretary as the

circumstances require. The Secretary

of Agriculture, in the exercise of his

exchange authority, may utilize authorities and procedures available to him in

connection with exchanges of national

forest lands.

(2) In acquiring lands or interests

therein for a National Scenic or Historic

Trail, the appropriate Secretary may,

with consent of a landowner, acquire

whole tracts notwithstanding that parts

of such tracts may lie outside the area

of trail acquisition. In furtherance of the

purposes of this chapter, lands so

acquired outside the area of trail

acquisition may be exchanged for any

non-Federal lands or interests therein

within the trail right-of-way, or disposed

of in accordance with such procedures

or regulations as the appropriate Secretary shall prescribe, including: (i)

provisions for conveyance of such

acquired lands or interests therein at not

less than fair market value to the

highest bidder, and (ii) provisions for

allowing the last owners of record a

right to purchase said acquired lands or

interests therein upon payment or

agreement to pay an amount equal to

the highest bid price. For lands designated for exchange or disposal, the

appropriate Secretary may convey

these lands with any reservations or

covenants deemed desirable to further

the purposes of this chapter. The
266 National Forest System Resource Management - Recreation Management

proceeds from any disposal shall be

credited to the appropriation bearing the

costs of land acquisition for the affected

trail.

(g) Condemnation proceedings to acquire

private lands; limitations; availability of

funds for acquisition of lands or interests

therein; acquisition of high potential, route

segments or historic sites

The appropriate Secretary may utilize

condemnation proceedings without the

consent of the owner to acquire private

lands or interests therein pursuant to this

section only in cases where, in his judgment, all reasonable efforts to acquire

such lands or interests therein by negotiation have failed, and in such cases he

shall acquire only such title as, in his

judgment, is reasonably necessary to

provide passage across such lands:

Provided, That condemnation proceedings

may not be utilized to acquire fee title or

lesser interests to more than an average

of one hundred and twenty-five acres per

mile. Money appropriated for Federal

purposes from the land and water conservation fund shall, without prejudice to

appropriations from other sources, be

available to Federal departments for the

acquisition of lands or interests in lands

for the purposes of this chapter. For

national historic trails, direct Federal

acquisition for trail purposes shall be

limited to those areas indicated by the

study report or by the comprehensive plan

as high potential route segments or high

potential historic sites. Except for designated protected components of the trail,

no land or site located along a designated

national historic trail or along the Continental Divide National Scenic Trail shall

be subject to the provisions of section 303

of title 49 unless such land or site is

deemed to be of historical significance

under appropriate historical site criteria

such as those for the National Register of

Historic Places.

(h) Development and maintenance of

national, scenic or historic, trails; cooperation with States over portions located

outside of federally administered areas;

cooperative agreements; participation of

volunteers; reservation of right-of-way

for trails in conveyances by Secretary of

the Interior

(1) The Secretary charged with the

administration of a national recreation,

national scenic, or national historic trail

shall provide for the development and

maintenance of such trails within

federally administered areas and shall

cooperate with and encourage the

States to operate, develop, and maintain

portions of such trails which are located

outside the boundaries of federally

administered areas. When deemed to be

in the public interest, such Secretary

may enter written cooperative agreements with the States or their political

subdivisions, landowners, private

organizations, or individuals to operate,

develop, and maintain any portion of

such a trail either within or outside a

federally administered area. Such

agreements may include provisions for

limited financial assistance to encourage

participation in the acquisition, protection, operation, development, or maintenance of such trails, provisions providing

volunteer in the park or volunteer in the
National Forest System Resource Management - Recreation Management 267

forest status (in accordance with the

Volunteers in the Parks Act of 1969 (16

U.S.C. 18g et seq.) and the Volunteers

in the Forests Act of 1972 (16 U.S.C.

558a et seq.)) to individuals, private

organizations, or landowners participating in such activities, or provisions of

both types. The appropriate Secretary

shall also initiate consultations with

affected States and their political

subdivisions to encourage -

(A) the development and implementation by such entities of appropriate

measures to protect private landowners from trespass resulting from trail

use and from unreasonable personal

liability and property damage caused

by trail use, and

(B) the development and implementation by such entities of provisions for

land practices, compatible with the

purposes of this chapter, for property

within or adjacent to trail rights-ofway. After consulting with States and

their political subdivisions under the

preceding sentence, the Secretary

may provide assistance to such entities

under appropriate cooperative agreements in the manner provided by this

subsection.

(2) Whenever the Secretary of the

Interior makes any conveyance of land

under any of the public land laws, he

may reserve a right-of-way for trails to

the extent he deems necessary to carry

out the purposes of this chapter.

(i) Regulations; issuance; concurrence

and consultation; revision; publication;

violations; penalties; utilization of national

park or national forest authorities

The appropriate Secretary, with the

concurrence of the heads of any other

Federal agencies administering lands

through which a national recreation,

national scenic, or national historic trail

passes, and after consultation with the

States, local governments, and organizations concerned, may issue regulations,

which may be revised from time to time,

governing the use, protection, management, development, and administration of

trails of the national trails system. In

order to maintain good conduct on and

along the trails located within federally

administered areas and to provide for the

proper government and protection of such

trails, the Secretary of the Interior and the

Secretary of Agriculture shall prescribe

and publish such uniform regulations as

they deem necessary and any person who

violates such regulations shall be guilty of

a misdemeanor, and may be punished by

a fine of not more than $500, or by

imprisonment not exceeding six months,

or by both such fine and imprisonment.

The Secretary responsible for the administration of any segment of any component of the National Trails System (as

determined in a manner consistent with

subsection (a)(1) of this section) may also

utilize authorities related to units of the

national park system or the national forest

system, as the case may be, in carrying

out his administrative responsibilities for

such component.

(j) Types of trail use allowed

Potential trail uses allowed on designated

components of the national trails system
268 National Forest System Resource Management - Recreation Management

may include, but are not limited to, the

following: bicycling, cross-country skiing,

day hiking, equestrian activities, jogging or

similar fitness activities, trail biking,

overnight and long-distance backpacking,

snowmobiling, and surface water and

underwater activities. Vehicles which

may be permitted on certain trails may

include, but need not be limited to, motorcycles, bicycles, four-wheel drive or allterrain off-road vehicles. In addition, trail

access for handicapped individuals may

be provided. The provisions of this

subsection shall not supersede any other

provisions of this chapter or other Federal

laws, or any State or local laws.

(k) Donations or other conveyances of

qualified real property interests

For the conservation purpose of preserving or enhancing the recreational, scenic,

natural, or historical values of components

of the national trails system, and environs

thereof as determined by the appropriate

Secretary, landowners are authorized to

donate or otherwise convey qualified real

property interests to qualified organizations consistent with section 170(h)(3) of

title 26, including, but not limited to, rightof-way, open space, scenic, or conservation easements, without regard to any

limitation on the nature of the estate or

interest otherwise transferable within the

jurisdiction where the land is located. The

conveyance of any such interest in land in

accordance with this subsection shall be

deemed to further a Federal conservation

policy and yield a significant public benefit

for purposes of section 6 of Public Law

96-541. (16 U.S.C. 1246)

State and local area recreation and

historic trails

Sec. 8 (a) Secretary of the Interior to

encourage States, political subdivisions,

and private interests; financial assistance

for State and local projects State and

local projects

The Secretary of the Interior is directed

to encourage States to consider, in their

comprehensive statewide outdoor recreation plans and proposals for financial

assistance for State and local projects

submitted pursuant to the Land and Water

Conservation Fund Act (16 U.S.C. 460l-4

et seq.), needs and opportunities for

establishing park, forest, and other

recreation and historic trails on lands

owned or administered by States, and

recreation and historic trails on lands in or

near urban areas. The Secretary is also

directed to encourage States to consider,

in their comprehensive statewide historic

preservation plans and proposals for

financial assistance for State, local, and

private projects submitted pursuant to the

Act of October 15, 1966 (80 Stat. 915),

as amended (16 U.S.C. 470 et seq.),

needs and opportunities for establishing

historic trails. He is further directed, in

accordance with the authority contained

in the Act of May 28, 1963 (77 Stat. 49)

(16 U.S.C. 460l et seq.), to encourage

States, political subdivisions, and private

interests, including nonprofit organizations,

to establish such trails.

(b) Secretary of Housing and Urban

Development to encourage metropolitan

and other urban areas; administrative and

financial assistance in connection with
National Forest System Resource Management - Recreation Management 269

recreation and transportation planning;

administration of urban open-space

program

The Secretary of Housing and Urban

Development is directed, in administering

the program of comprehensive urban

planning and assistance under section 701

of the Housing Act of 1954 (40 U.S.C.

461), to encourage the planning of

recreation trails in connection with the

recreation and transportation planning for

metropolitan and other urban areas. He is

further directed, in administering the

urban open-space program under title VII

of the Housing Act of 1961 (42 U.S.C.

1500 et seq.), to encourage such recreation trails.

(c) Secretary of Agriculture to encourage

States, local agencies, and private interests

The Secretary of Agriculture is directed,

in accordance with authority vested in

him, to encourage States and local

agencies and private interests to establish

such trails.

(d) Interim use of railroad rights-of-way

The Secretary of Transportation, the

Chairman of the Surface Transportation

Board, and the Secretary of the Interior,

in administering the Railroad Revitalization and Regulatory Reform Act of 1976

(45 U.S.C. 801 et seq.), shall encourage

State and local agencies and private

interests to establish appropriate trails

using the provisions of such programs.

Consistent with the purposes of that Act,

and in furtherance of the national policy

to preserve established railroad rights-ofway for future reactivation of rail service,

to protect rail transportation corridors, and

to encourage energy efficient transportation use, in the case of interim use of any

established railroad rights-of-way pursuant to donation, transfer, lease, sale, or

otherwise in a manner consistent with this

chapter, if such interim use is subject to

restoration or reconstruction for railroad

purposes, such interim use shall not be

treated, for purposes of any law or rule of

law, as an abandonment of the use of

such rights-of-way for railroad purposes.

If a State, political subdivision, or qualified

private organization is prepared to assume

full responsibility for management of such

rights-of-way and for any legal liability

arising out of such transfer or use, and for

the payment of any and all taxes that may

be levied or assessed against such rightsof-way, then the Board shall impose such

terms and conditions as a requirement of

any transfer or conveyance for interim

use in a manner consistent with this

chapter, and shall not permit abandonment

or discontinuance inconsistent or disruptive of such use.

(e) Designation and marking of trails;

approval of Secretary of the Interior

Such trails may be designated and

suitably marked as parts of the nationwide system of trails by the States, their

political subdivisions, or other appropriate

administering agencies with the approval

of the Secretary of the Interior. (16

U.S.C. 1247)

Easements and rights-of-way

Sec. 9 (a) Authorization; conditions

The Secretary of the Interior or the
270 National Forest System Resource Management - Recreation Management

Secretary of Agriculture as the case may

be, may grant easements and rights-ofway upon, over, under, across, or along

any component of the national trails

system in accordance with the laws

applicable to the national park system and

the national forest system, respectively:

Provided, That any conditions contained

in such easements and rights-of-way shall

be related to the policy and purposes of

this chapter.

(b) Cooperation of Federal agencies with

Secretary of the Interior and Secretary of

Agriculture

The Department of Defense, the Department of Transportation, the Surface

Transportation Board, the Federal Communications Commission, the Secretary of

Energy, and other Federal agencies

having jurisdiction or control over or

information concerning the use, abandonment, or disposition of roadways, utility

rights-of-way, or other properties which

may be suitable for the purpose of

improving or expanding the national trails

system shall cooperate with the Secretary

of the Interior and the Secretary of

Agriculture in order to assure, to the

extent practicable, that any such properties having values suitable for trail purposes may be made available for such

use.

(c) Abandoned railroad grants; retention

of rights

Commencing October 4, 1988, any and all

right, title, interest, and estate of the

United States in all rights-of-way of the

type described in section 912 of title 43,

shall remain in the United States upon the

abandonment or forfeiture of such rightsof-way, or portions thereof, except to the

extent that any such right-of-way, or

portion thereof, is embraced within a

public highway no later than one year

after a determination of abandonment or

forfeiture, as provided under such section.

(d) Location, incorporation, and management

(1) All rights-of-way, or portions

thereof, retained by the United States

pursuant to subsection (c) of this section

which are located within the boundaries

of a conservation system unit or a

National Forest shall be added to and

incorporated within such unit or National Forest and managed in accordance with applicable provisions of law,

including this chapter.

(2) All such retained rights-of-way, or

portions thereof, which are located

outside the boundaries of a conservation

system unit or a National Forest but

adjacent to or contiguous with any

portion of the public lands shall be

managed pursuant to the Federal Land

Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.) and other

applicable law, including this section.

(3) All such retained rights-of-way, or

portions thereof, which are located

outside the boundaries of a conservation

system unit or National Forest which

the Secretary of the Interior determines

suitable for use as a public recreational

trail or other recreational purposes shall

be managed by the Secretary for such

uses, as well as for such other uses as

the Secretary determines to be appro-
National Forest System Resource Management - Recreation Management 271

priate pursuant to applicable laws, as

long as such uses do not preclude trail

use.

(e) Release and quitclaim; conditions;

sale; proceeds

(1) The Secretary of the Interior is

authorized where appropriate to release

and quitclaim to a unit of government or

to another entity meeting the requirements of this subsection any and all

right, title, and interest in the surface

estate of any portion of any right-ofway to the extent any such right, title,

and interest was retained by the United

States pursuant to subsection (c) of this

section, if such portion is not located

within the boundaries of any conservation system unit or National Forest.

Such release and quitclaim shall be

made only in response to an application

therefor by a unit of State or local

government or another entity which the

Secretary of the Interior determines to

be legally and financially qualified to

manage the relevant portion for public

recreational purposes. Upon receipt of

such an application, the Secretary shall

publish a notice concerning such

application in a newspaper of general

circulation in the area where the

relevant portion is located. Such release

and quitclaim shall be on the following

conditions:

(A) If such unit or entity attempts to

sell, convey, or otherwise transfer

such right, title, or interest or attempts

to permit the use of any part of such

portion for any purpose incompatible

with its use for public recreation, then

any and all right, title, and interest

released and quitclaimed by the

Secretary pursuant to this subsection

shall revert to the United States.

(B) Such unit or entity shall assume

full responsibility and hold the United

States harmless for any legal liability

which might arise with respect to the

transfer, possession, use, release, or

quitclaim of such right-of-way.

(C) Notwithstanding any other provision of law, the United States shall be

under no duty to inspect such portion

prior to such release and quitclaim,

and shall incur no legal liability with

respect to any hazard or any unsafe

condition existing on such portion at

the time of such release and quitclaim.

(2) The Secretary is authorized to sell

any portion of a right-of-way retained

by the United States pursuant to subsection (c) of this section located

outside the boundaries of a conservation

system unit or National Forest if any

such portion is -

(A) not adjacent to or contiguous with

any portion of the public lands; or

(B) determined by the Secretary,

pursuant to the disposal criteria

established by section 203 of the

Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1713), to be

suitable for sale. Prior to conducting

any such sale, the Secretary shall take

appropriate steps to afford a unit of

State or local government or any other

entity an opportunity to seek to obtain

such portion pursuant to paragraph (1)

of this subsection.
272 National Forest System Resource Management - Recreation Management

(3) All proceeds from sales of such

retained rights of way shall be deposited

into the Treasury of the United States

and credited to the Land and Water

Conservation Fund as provided in

section 460l-5 of this title.

(4) The Secretary of the Interior shall

annually report to the Congress the total

proceeds from sales under paragraph

(2) during the preceding fiscal year.

Such report shall be included in the

President’s annual budget submitted to

the Congress.

(f) “Conservation system unit” and

“public lands” defined

As used in this section -

(1) The term “conservation system unit”

has the same meaning given such term

in the Alaska National Interest Lands

Conservation Act (Public Law 96-487;

94 Stat. 2371 et seq.), except that such

term shall also include units outside

Alaska.

(2) The term “public lands” has the

same meaning given such term in the

Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1701 et seq.).

(16 U.S.C. 1248)

Authorization of appropriations

Sec. 10 (a) (1) There are hereby authorized to be appropriated for the acquisition

of lands or interests in lands not more

than $5,000,000 for the Appalachian

National Scenic Trail and not more than

$500,000 for the Pacific Crest National

Scenic Trail. From the appropriations

authorized for fiscal year 1979 and

succeeding fiscal years pursuant to the

Land and Water Conservation Fund Act

(78 Stat. 897), as amended (16 U.S.C.

460l-4 et seq.), not more than the following amounts may be expended for the

acquisition of lands and interests in lands

authorized to be acquired pursuant to the

provisions of this chapter: for the Appalachian National Scenic Trail, not to exceed

$30,000,000 for fiscal year 1979,

$30,000,000 for fiscal year 1980, and

$30,000,000 for fiscal year 1981, except

that the difference between the foregoing

amounts and the actual appropriations in

any one fiscal year shall be available for

appropriation in subsequent fiscal years.

(2) It is the express intent of the Congress that the Secretary should substantially complete the land acquisition

program necessary to insure the protection of the Appalachian Trail within

three complete fiscal years following

March 21, 1978.

(b) For the purposes of Public Law 95-42

(91 Stat. 211), the lands and interests

therein acquired pursuant to this section

shall be deemed to qualify for funding

under the provisions of section 1, clause

2, of said Act (16 U.S.C. 460l-7).

(c) (1) There is hereby authorized to be

appropriated such sums as may be

necessary to implement the provisions of

this chapter relating to the trails designated by section 1244(a)(3), (4), (5), (6),

(7), (8), (9), and (10) of this title: Provided, That no such funds are authorized

to be appropriated prior to October 1,

1978: And provided further, That notwithstanding any other provisions of this
National Forest System Resource Management - Recreation Management 273

chapter or any other provisions of law, no

funds may be expended by Federal

agencies for the acquisition of lands or

interests in lands outside the exterior

boundaries of existing Federal areas for

the Continental Divide National Scenic

Trail, the North Country National Scenic

Trail, The 1

 Ice Age National Scenic Trail,

the Oregon National Historic Trail, the

Mormon Pioneer National Historic Trail,

the Lewis and Clark National Historic

Trail, and the Iditarod National Historic

Trail, except that funds may be expended

for the acquisition of lands or interests

therein for the purpose of providing for

one trail interpretation site, as described in

section 1246(c) of this title, along with

such trail in each State crossed by the

trail.

(2) Except as otherwise provided in this

chapter, there is authorized to be

appropriated such sums as may be

necessary to implement the provisions

of this chapter relating to the trails

designated by section 1244(a) of this

title. Not more than $500,000 may be

appropriated for the purposes of acquisition of land and interests therein for

the trail designated by section

1244(a)(12) of this title, and not more

than $2,000,000 may be appropriated for

the purposes of the development of

such trail. The administering agency for

the trail shall encourage volunteer trail

groups to participate in the development

of the trail. (16 U.S.C. 1249)

1

 So in original. Probably should not be

capitalized.

Volunteer trails assistance

Sec. 11 (a) Volunteer planning, development, maintenance, and management of

trails

(1) In addition to the cooperative

agreement and other authorities contained in this chapter, the Secretary of

the Interior, the Secretary of Agriculture, and the head of any Federal

agency administering Federal lands, are

authorized to encourage volunteers and

volunteer organizations to plan, develop,

maintain, and manage, where appropriate, trails throughout the Nation.

(2) Wherever appropriate in furtherance

of the purposes of this chapter, the

Secretaries are authorized and encouraged to utilize the Volunteers in the

Parks Act of 1969 (16 U.S.C. 18g et

seq.), the Volunteers in the Forests Act

of 1972 (16 U.S.C. 558a et seq.), and

section 460l-8 of this title (relating to the

development of Statewide Comprehensive Outdoor Recreation Plans).

(b) Scope of volunteer work

Each Secretary or the head of any

Federal land managing agency may assist

volunteers and volunteer organizations in

planning, developing, maintaining, and

managing trails. Volunteer work may

include, but need not be limited to -

(1) planning, developing, maintaining, or

managing (A) trails which are components of the national trails system, or

(B) trails which, if so developed and

maintained, could qualify for designation

as components of the national trails

system; or

(2) operating programs to organize and
274 National Forest System Resource Management - Recreation Management

supervise volunteer trail building efforts

with respect to the trails referred to in

paragraph (1), conducting trail-related

research projects, or providing education and training to volunteers on

methods of trails planning, construction,

and maintenance.

(c) Use of Federal facilities, equipment,

tools, and technical assistance

The appropriate Secretary or the head of

any Federal land managing agency may

utilize and make available Federal facilities, equipment, tools, and technical

assistance to volunteers and volunteer

organizations, subject to such limitations

and restrictions as the appropriate Secretary or the head of any Federal land

managing agency deems necessary or

desirable. (16 U.S.C. 1250)

Definitions

Sec. 12 As used in this chapter:

(1) The term “high potential historic

sites” means those historic sites related

to the route, or sites in close proximity

thereto, which provide opportunity to

interpret the historic significance of the

trail during the period of its major use.

Criteria for consideration as high

potential sites include historic significance, presence of visible historic

remnants, scenic quality, and relative

freedom from intrusion.

(2) The term “high potential route

segments” means those segments of a

trail which would afford high quality

recreation experience in a portion of the

route having greater than average

scenic values or affording an opportunity to vicariously share the experience

of the original users of a historic route.

(3) The term “State” means each of the

several States of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the

Trust Territory of the Pacific Islands,

the Northern Mariana Islands, and any

other territory or possession of the

United States.

(4) The term “without expense to the

United States” means that no funds

may be expended by Federal agencies

for the development of trail related

facilities or for the acquisition of lands

or interests in lands outside the exterior

boundaries of Federal areas. For the

purposes of the preceding sentence,

amounts made available to any State or

political subdivision under the Land and

Water Conservation Fund Act of 1965

(16 U.S.C. 460l-4 et seq.) or any other

provision of law shall not be treated as

an expense to the United States. (16

U.S.C. 1251)
National Forest System Resource Management - Recreation Management 275

Federal Cave Resources Protection Act

November 18, 1988 (Pub. L. 100-691, 102 Stat. 4546; 16

U.S.C. 4301 note, 4301 to 4309)

***

Findings, purposes, and policy

Sec. 2 (a) Findings

The Congress finds and declares that -

(1) significant caves on Federal lands

are an invaluable and irreplaceable part

of the Nation’s natural heritage; and

(2) in some instances, these significant

caves are threatened due to improper

use, increased recreational demand,

urban spread, and a lack of specific

statutory protection.

(b) Purposes

The purposes of this chapter are -

(1) to secure, protect, and preserve

significant caves on Federal lands for

the perpetual use, enjoyment, and

benefit of all people; and

(2) to foster increased cooperation and

exchange of information between

governmental authorities and those who

utilize caves located on Federal lands

for scientific, education, or recreational

purposes.

(c) Policy

It is the policy of the United States that

Federal lands be managed in a manner

which protects and maintains, to the

extent practical, significant caves. (16

U.S.C. 4301)

Definitions

Sec. 3 For purposes of this chapter:

(1) Cave

The term “cave” means any naturally

occurring void, cavity, recess, or system

of interconnected passages which

occurs beneath the surface of the earth

or within a cliff or ledge (including any

cave resource therein, but not including

any vug, mine, tunnel, aqueduct, or other

manmade excavation) and which is

large enough to permit an individual to

enter, whether or not the entrance is

naturally formed or manmade. Such

term shall include any natural pit,

sinkhole, or other feature which is an

extension of the entrance.

(2) Federal lands

The term “Federal lands” means lands

the fee title to which is owned by the

United States and administered by the

Secretary of Agriculture or the Secretary of the Interior.

(3) Indian lands

The term “Indian lands” means lands of

Indian tribes or Indian individuals which

are either held in trust by the United

States for the benefit of an Indian tribe

or subject to a restriction against

alienation imposed by the United States.

(4) Indian tribe

The term “Indian tribe” means any
276 National Forest System Resource Management - Recreation Management

Indian tribe, band, nation, or other

organized group or community of

Indians, including any Alaska Native

village or regional or village corporation

as defined in, or established pursuant to,

the Alaska Native Claims settlement 1

Act (43 U.S.C. 1601 et seq.).

(5) Cave resource

The term “cave resource” includes any

material or substance occurring naturally in caves on Federal lands, such as

animal life, plant life, paleontological

deposits, sediments, minerals,

speleogens, and speleothems.

(6) Secretary

The term “Secretary” means the

Secretary of Agriculture or the Secretary of the Interior, as appropriate.

(7) Speleothem

The term “speleothem” means any

natural mineral formation or deposit

occurring in a cave or lava tube, including but not limited to any stalactite,

stalagmite, helictite, cave flower,

flowstone, concretion, drapery, rimstone,

or formation of clay or mud.

(8) Speleogen

The term “speleogen” means relief

features on the walls, ceiling, and floor

of any cave or lava tube which are part

of the surrounding bedrock, including

but not limited to anastomoses, scallops,

meander niches, petromorphs and rock

pendants in solution caves and similar

features unique to volcanic caves. (16

U.S.C. 4302)

1

 So in original. Probably should be

capitalized.

Management actions

Sec. 4 (a) Regulations

Not later than nine months after November 18, 1988, the Secretary shall issue

such regulations as he deems necessary

to achieve the purposes of this chapter.

Regulations shall include, but not be

limited to, criteria for the identification of

significant caves. The Secretaries shall

cooperate and consult with one another in

preparation of the regulations. To the

extent practical, regulations promulgated

by the respective Secretaries should be

similar.

(b) In general

The Secretary shall take such actions as

may be necessary to further the purposes

of this chapter. Those actions shall

include (but need not be limited to) -

(1) identification of significant caves on

Federal lands:

(A) The Secretary shall prepare an

initial list of significant caves for lands

under his jurisdiction not later than one

year after the publication of final

regulations using the significance

criteria defined in such regulations.

Such a list shall be developed after

consultation with appropriate private

sector interests, including cavers.

(B) The initial list of significant caves

shall be updated periodically, after

consultation with appropriate private

sector interests, including cavers. The

Secretary shall prescribe by policy or

regulation the requirements and
National Forest System Resource Management - Recreation Management 277

process by which the initial list will be

updated, including management

measures to assure that caves under

consideration for the list are protected

during the period of consideration.

Each cave recommended to the

Secretary by interested groups for

possible inclusion on the list of significant caves shall be considered by the

Secretary according to the requirements prescribed pursuant to this

paragraph, and shall be added to the

list if the Secretary determines that the

cave meets the criteria for significance as defined by the regulations.

(2) regulation or restriction of use of

significant caves, as appropriate;

(3) entering into volunteer management

agreements with persons of the scientific and recreational caving community;

and

(4) appointment of appropriate advisory

committees.

(c) Planning and public participation

The Secretary shall -

(1) ensure that significant caves are

considered in the preparation or implementation of any land management plan

if the preparation or revision of the plan

began after November 18, 1988; and

(2) foster communication, cooperation,

and exchange of information between

land managers, those who utilize caves,

and the public. (16 U.S.C. 4303)

Confidentiality of information

concerning nature and location of

significant caves

Sec. 5 (a) In general

Information concerning the specific

location of any significant cave may not

be made available to the public under

section 552 of title 5 unless the Secretary

determines that disclosure of such

information would further the purposes of

this chapter and would not create a

substantial risk of harm, theft, or destruction of such cave.

(b) Exceptions

Notwithstanding subsection (a) of this

section, the Secretary may make available information regarding significant

caves upon the written request by Federal

and State governmental agencies or bona

fide educational and research institutions.

Any such written request shall, at a

minimum -

(1) describe the specific site or area for

which information is sought;

(2) explain the purpose for which such

information is sought; and

(3) include assurances satisfactory to

the Secretary that adequate measures

are being taken to protect the confidentiality of such information and to ensure

the protection of the significant cave

from destruction by vandalism and

unauthorized use. (16 U.S.C. 4304)

Collection and removal from Federal

caves

Sec. 6 (a) Permit

The Secretary is authorized to issue

permits for the collection and removal of

cave resources under such terms and
278 National Forest System Resource Management - Recreation Management

conditions as the Secretary may impose,

including the posting of bonds to insure

compliance with the provisions of any

permit:

(1) Any permit issued pursuant to this

section shall include information concerning the time, scope, location, and

specific purpose of the proposed

collection, removal or associated

activity, and the manner in which such

collection, removal, or associated

activity is to be performed must be

provided.

(2) The Secretary may issue a permit

pursuant to this subsection only if he

determines that the proposed collection

or removal activities are consistent with

the purposes of this chapter, and with

other applicable provisions of law.

(b) Revocation of permit

Any permit issued under this section shall

be revoked by the Secretary upon a

determination by the Secretary that the

permittee has violated any provision of

this chapter, or has failed to comply with

any other condition upon which the permit

was issued. Any such permit shall be

revoked by the Secretary upon assessment of a civil penalty against the permittee pursuant to section 4307 of this title or

upon the permittee’s conviction under

section 4306 of this title. The Secretary

may refuse to issue a permit under this

section to any person who has violated

any provision of this chapter or who has

failed to comply with any condition of a

prior permit.

(c) Transferability of permits

Permits issued under this chapter are not

transferable.

(d) Cave resources located on Indian

lands

(1) (A) Upon application by an Indian

tribe, the Secretary is authorized to

delegate to the tribe all authority of the

Secretary under this section with

respect to issuing and enforcing permits

for the collection or removal of any

cave resource, or to carrying out

activities associated with such collection

or removal, from any cave resource

located on the affected Indian lands.

(B) In the case of any permit issued

by the Secretary for the collection or

removal of any cave resource, or to

carry out activities associated with

such collection or removal, from any

cave resource located on Indian lands

(other than permits issued pursuant to

subparagraph (A)), the permit may be

issued only after obtaining the consent

of the Indian or Indian tribe owning or

having jurisdiction over such lands.

The permit shall include such reasonable terms and conditions as may be

requested by such Indian or Indian

tribe.

(2) If the Secretary determines that

issuance of a permit pursuant to this

section may result in harm to, or destruction of, any religious or cultural site,

the Secretary, prior to issuing such

permit, shall notify any Indian tribe

which may consider the site as having

significant religious or cultural importance. Such notice shall not be deemed

a disclosure to the public for purposes
National Forest System Resource Management - Recreation Management 279

of section 4304 of this title.

(3) A permit shall not be required under

this section for the collection or removal

of any cave resource located on Indian

lands or activities associated with such

collection, by the Indian or Indian tribe

owning or having jurisdiction over such

lands.

(e) Effect of permit

No action specifically authorized by a

permit under this section shall be treated

as a violation of section 4306 of this title.

(16 U.S.C. 4305)

Prohibited acts and criminal

penalties

Sec. 7 (a) Prohibited acts

(1) Any person who, without prior

authorization from the Secretary

knowingly destroys, disturbs, defaces,

mars, alters, removes or harms any

significant cave or alters the free

movement of any animal or plant life

into or out of any significant cave

located on Federal lands, or enters a

significant cave with the intention of

committing any act described in this

paragraph shall be punished in accordance with subsection (b) of this

section.

(2) Any person who possesses, consumes, sells, barters or exchanges, or

offers for sale, barter or exchange, any

cave resource from a significant cave

with knowledge or reason to know that

such resource was removed from a

significant cave located on Federal

lands shall be punished in accordance

with subsection (b) of this section.

(3) Any person who counsels, procures,

solicits, or employs any other person to

violate any provisions of this subsection

shall be punished in accordance with

section 1

 (b) of this section.

(4) Nothing in this section shall be

deemed applicable to any person who

was in lawful possession of a cave

resource from a significant cave prior to

November 18, 1988.

(b) Punishment

The punishment for violating any provision of subsection (a) of this section shall

be imprisonment of not more than one

year or a fine in accordance with the

applicable provisions of title 18, or both.

In the case of a second or subsequent

violation, the punishment shall be imprisonment of not more than 3 years or a fine

in accordance with the applicable provisions of title 18, or both. (16 U.S.C. 4306)

1

 So in original. Probably should be

“subsection”.

Civil penalties

Sec. 8 (a) Assessment

(1) The Secretary may issue an order

assessing a civil penalty against any

person who violates any prohibition

contained in this chapter, any regulation

promulgated pursuant to this chapter, or

any permit issued under this chapter.

Before issuing such an order, the

Secretary shall provide such person

written notice and the opportunity to

request a hearing on the record within

30 days. Each violation shall be a
280 National Forest System Resource Management - Recreation Management

separate offense, even if such violations

occurred at the same time.

(2) The amount of such civil penalty

shall be determined by the Secretary

taking into account appropriate factors,

including

(A) the seriousness of the violation;

(B) the economic benefit (if any)

resulting from the violation;

(C) any history of such violations; and

(D) such other matters as the Secretary deems appropriate. The maximum

fine permissible under this section is

$10,000.

(b) Judicial review

Any person aggrieved by an assessment

of a civil penalty under this section may

file a petition for judicial review of such

assessment with the United States

District Court for the District of Columbia

or for the district in which the violation

occurred. Such a petition shall be filed

within the 30-day period beginning on the

date the order assessing the civil penalty

was issued.

(c) Collection

If any person fails to pay an assessment

of a civil penalty -

(1) within 30 days after the order was

issued under subsection (a) of this

section, or

(2) if the order is appealed within such

30-day period, within 10 days after

court has entered a final judgment in

favor of the Secretary under subsection

(b) of this section,the Secretary shall

notify the Attorney General and the

Attorney General shall bring a civil

action in an appropriate United States

district court to recover the amount of

penalty assessed (plus costs, attorney’s

fees, and interest at currently prevailing

rates from the date the order was

issued or the date of such final judgment, as the case may be). In such an

action, the validity, amount, and appropriateness of such penalty shall not be

subject to review.

(d) Subpoenas

The Secretary may issue subpoenas in

connection with proceedings under this

subsection compelling the attendance and

testimony of witnesses and subpoenas

duces tecum, and may request the

Attorney General to bring an action to

enforce any subpoena under this section.

The district courts shall have jurisdiction

to enforce such subpoenas and impose

sanctions. (16 U.S.C. 4307)

Miscellaneous provisions

Sec. 9 (a) Authorization of appropriations

There are authorized to be appropriated

$100,000 to carry out the purposes of this

chapter.

(b) Effect on land management plans

Nothing in this chapter shall require the

amendment or revision of any land

management plan the preparation of

which began prior to November 18, 1988.

(c) Fund

Any money collected by the United

States as permit fees for collection and
National Forest System Resource Management - Recreation Management 281

removal of cave resources; received by

the United States as a result of the

forfeiture of a bond or other security by a

permittee who does not comply with the

requirements of such permit issued under

section 4306 of this title; or collected by

the United States by way of civil penalties

or criminal fines for violations of this

chapter shall be placed in a special fund

in the Treasury. Such moneys shall be

available for obligation or expenditure (to

the extent provided for in advance in

appropriation Acts) as determined by the

Secretary for the improved management,

benefit, repair, or restoration of significant

caves located on Federal lands.

(d) Existing rights

Nothing in this chapter shall be deemed to

affect the full operation of the mining and

mineral leasing laws of the United States,

or otherwise affect valid existing rights.

(16 U.S.C. 4308)

Savings provision

Sec. 10 (a) Water

Nothing in this chapter shall be construed

as authorizing the appropriation of water

by any Federal, State, or local agency,

Indian tribe, or any other entity or individual. Nor shall any provision of this

chapter -

(1) affect the rights or jurisdiction of the

United States, the States, Indian tribes,

or other entities over waters of any

river or stream or over any ground

water resource;

(2) alter, amend, repeal, interpret,

modify, or be in conflict with any

interstate compact made by the States;

or

(3) alter or establish the respective

rights of States, the United States,

Indian tribes, or any person with respect

to any water or water-related right.

(b) Fish and wildlife

Nothing in this chapter shall be construed

as affecting the jurisdiction or responsibilities of the States with respect to fish and

wildlife. (16 U.S.C. 4309)
282 National Forest System Resource Management - Recreation Management

Recreational Fee Demonstration Program,

Department of the Interior and Related Agencies

Appropriations Act of 1996

April 26, 1996 (Pub. L. 104–134; 110 Stat. 1321– 200; 16

U.S.C. 460l–6a note)

Recreatonal Fee Demonstration Program.—

(a) The Secretary of the Interior (acting

through the Bureau of Land Management, the National Park Service and the

United States Fish and Wildlife Service)

and the Secretary of Agriculture (acting

through the Forest Service) shall each

implement a fee program to demonstrate

the feasibility of user-generated cost

recovery for the operation and maintenance of recreation areas or sites and

habitat enhancement projects on Federal

lands.

(b) In carrying out the pilot program

established pursuant to this section, the

appropriate Secretary shall select from

areas under the jurisdiction of each of the

four agencies referred to in subsection (a)

areas, sites or projects for fee demonstration. For each such demonstration, the

Secretary, notwithstanding any other

provision of law—

(1) shall charge and collect fees for

admission to the area or for the use of

outdoor recreation sites, facilities, visitor

centers, equipment, and services by

individuals and groups, or any combination thereof;

(2) shall establish fees under this section

based upon a variety of cost recovery

and fair market valuation methods to

provide a broad basis for feasibility

testing, including the provision of

discounted or free admission or use as

the Secretary considers appropriate;

(3) may contract, including provisions

for reasonable commissions, with any

public or private entity to provide visitor

services, including reservations and

information, and may accept services of

volunteers to collect fees charged

pursuant to paragraph (1);

(4) may encourage private investment

and partnerships to enhance the delivery

of quality customer services and

resource enhancement, and provide

appropriate recognition to such partners

or investors; and

(5) may assess a fine of not more than

$100 for any violation of the authority to

collect fees for admission to the area or

for the use of outdoor recreation sites,

facilities, visitor centers, equipment, and

services.

(c) (1) Amounts collected at each fee

demonstration area, site or project shall

be distributed as follows:

(A) Eighty percent to a special

account in the Treasury for use

without further appropriation, by the

agency which administers the site, to
National Forest System Resource Management - Recreation Management 283

remain available for expenditure in

accordance with paragraph (2)(A)

(B) Twenty percent to a special

account in the Treasury for use

without further appropriation, by the

agency which administers the site, to

remain available for expenditure in

accordance with paragraph (2)(B).

(C) For agencies other than the Fish

and Wildlife Service and the National

Park Service, up to 15% of current

year collections of each agency, but

not greater than fee collection costs

for that fiscal year, to remain available

for expenditure without further

appropriation in accordance with

paragraph (2)(C).

(D) For agencies other than the Fish

and Wildlife Service, the balance to

the special account established

pursuant to subparagraph(A) of

section 4 (i)(1) of the Land and Water

Conservation Fund Act, as amended.

(E) For the Fish and Wildlife Service,

the balance shall be available to the

Secretary of the Interior until expended to be used in accordance with

clauses (i), (ii), and (iii) of section

201(c)(A) of the Emergency Wetlands

Resources Act of 1986 (16 U.S.C.

3911(c)(A)).

(2)(A) Expenditures from site specific

special funds shall be for further

activities of the area, site or project

from which funds are collected, and

shall be accounted for separately.

(B) Expenditures from agency specific

special funds shall be for use on an

agency-wide basis and shall be

accounted for separately.

(C) Expenditures from the fee collection support fund shall be used to

cover fee collection costs in accordance with section 4(i)(1)(B) of the

Land and Water Conservation Fund

Act, as amended: Provided, That

funds unexpended and unobligated at

the end of the fiscal year shall not be

deposited into the special account

established pursuant to section

4(i)(1)(A) of said Act and shall remain

available for expenditure without

further appropriation. 1

(D) None of the funds collected under

this section may be used to plan,

design, or construct a visitor center or

any other permanent structure without

prior approval of the Committee on

Appropriations of the House of

Representatives and the Committee on

Appropriations of the Senate if the

estimated total cost of the structure

exceeds $500,000.

(3) In order to increase the quality of

the visitor experience at public recreational areas and enhance the protection

of re- sources, amounts available for

expenditure under this section may only

be used for the area, site or project

concerned, for backlogged repair and

maintenance projects (including projects

relating to health and safety) and for

interpretation, signage, habitat or facility

enhancement, resource preservation,

annual operation (including fee collection), maintenance, and law enforcement relating to public use. The agency
284 National Forest System Resource Management - Recreation Management

wide accounts may be used for the

same purposes set forth in the preceding sentence, but for areas, sites or

projects selected at the discretion of the

respective agency head. 2

(d) (1) Amounts collected under this

section shall not be taken into account for

the purposes of the Act of May 23, 1908

and the Act of March 1, 1911 (16 U.S.C.

500), the Act of March 4, 1913 (16

U.S.C. 501), the Act of July 22, 1937 (7

U.S.C. 1012), the Act of August 8, 1937

and the Act of May 24, 1939 (43 U.S.C.

1181f et seq.), the Act of June 14, 1926

(43 U.S.C. 869–4), chapter 69 of title 31,

United States Code, section 401 of the

Act of June 15, 1935 (16 U.S.C. 715s),

the Land and Water Conservation Fund

Act of 1965 (16 U.S.C. 460l), the Secure

Rural Schools and Community SelfDetermination Act of 2000 (Public Law

106–393; 16 U.S.C. 500 note), and any

other provision of law relating to revenue

allocation.

(2) Fees charged pursuant to this

section shall be in lieu of fees charged

under any other provision of law.

(e) The Secretary of the Interior and the

Secretary of Agriculture shall carry out

this section without promulgating regulations.

(f) The authority to collect fees under this

section shall end on December 31, 2005.

Funds in accounts established shall

remain available through September 30,

2008. (16 U.S.C. 460l–6a)

1 Section 107 of the Department of the

Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83; 111

Stat. 1561; (16 U.S.C. 460l–6a note),

provides as follows:

“In fiscal year 1998 and thereafter, for

those years in which the recreation fee

demonstration program authorized in

Public Law 104–134 is in effect, the fee

collection support authority provided in 16

U.S.C. 460l–6(i)(1)(B) (probably should

be 460l–6a(i)(1)(B)) applies only to parks

not included in the fee demonstration

program, and that the amount retained

under this authority to cover fee collection

costs will not exceed those costs at the

non-demonstration parks, or 15 percent of

all fees collected at non-demonstration

parks in a fiscal year whichever is less.

Fee collection costs for parks included in

the fee demonstration program will be

covered by the fees retained at those

parks.”.

2 Section 319 of the Department of the

Interior and Related Agencies Appropriations Act, 2004 (Public Law 108–108; 117

Stat. 1306; (16 U.S.C. 460l–6a note),

provides as follows:

Sec. 325. A project undertaken by the

Forest Service under the Recreation Fee

Demonstration Program as authorized by

section 315 of the Department of the

Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as

amended, shall not result in—

(1) displacement of the holder of an

authorization to provide commercial

recreation services on Federal lands.

Prior to initiating any project, the

Secretary shall consult with potentially

affected holders to determine what

impacts the project may have on the
National Forest System Resource Management - Recreation Management 285

holders. Any modifications to the

authorization shall be made within the

terms and conditions of the authorization

and authorities of the impacted agency.

(2) the return of a commercial recreation service to the Secretary for

operation when such services have

been provided in the past by a private

sector provider, except when—

(A) the private sector provider fails to

bid on such opportunities;

(B) the private sector provider terminates its relationship with the agency;

or

(C) the agency revokes the permit for

non-compliance with the terms and

conditions of the authorization.

In such cases, the agency may use the

Recreation Fee Demonstration Program

to provide for operations until a subsequent operator can be found through the

offering of a new prospectus.
286 National Forest System Resource Management - Recreation Management

Ski Fees, Omnibus Parks and Public Lands

Management Act of 1996

November 12, 1996 (Pub. L. 104-333, div. I, Title VII, Sec.

701, 110 Stat. 4182; 16 U.S.C. 497c)

Ski area permit rental charge

(a) In general

The Secretary of Agriculture shall charge

a rental charge for all ski area permits

issued pursuant to section 3 of the

National Forest Ski Area Permit Act of

1986 (16 U.S.C. 497b), the Act of March

4, 1915 (38 Stat. 1101, chapter 144; 16

U.S.C. 497), or the 9th through 20th

paragraphs under the heading “SURVEYING THE PUBLIC LANDS” under the

heading “UNDER THE DEPARTMENT

OF THE INTERIOR” in the Act of June

4, 1897 (30 Stat. 34, chapter 2), on

National Forest System lands. Permit

rental charges for permits issued pursuant

to the National Forest Ski Area Permit

Act of 1986 shall be calculated as set

forth in subsection (b) of this section.

Permit rental charges for existing ski area

permits issued pursuant to the Act of

March 4, 1915, and the Act of June 4,

1897, shall be calculated in accordance

with those existing permits: Provided,

That a permittee may, at the permittee’s

option, use the calculation method set

forth in subsection (b) of this section.

(b) Formula

(1) The ski area permit rental charge

(SAPRC) shall be calculated by adding

the permittee’s gross revenues from lift

ticket/year-round ski area use pass

sales plus revenue from ski school

operations (LT+SS) and multiplying

such total by the slope transport feet

percentage (STFP) on National Forest

System land. That amount shall be

increased by the gross year-round

revenue from ancillary facilities

(GRAF) physically located on national

forest land, including all permittee or

subpermittee lodging, food service,

rental shops, parking and other ancillary

operations, to determine the adjusted

gross revenue (AGR) subject to the

permit rental charge. The final rental

charge shall be calculated by multiplying

the AGR by the following percentages

for each revenue bracket and adding

the total for each revenue bracket:

(A) 1.5 percent of all adjusted gross

revenue below $3,000,000;

(B) 2.5 percent for adjusted gross

revenue between $3,000,000 and

$15,000,000;

(C) 2.75 percent for adjusted gross

revenue between $15,000,000 and

$50,000,000; and

(D) 4.0 percent for the amount of

adjusted gross revenue that exceeds

$50,000,000. Utilizing the abbreviations

indicated in this subsection the ski area

permit fee (SAPF) formula can be

simply illustrated as: SAPF = ((LT +
National Forest System Resource Management - Recreation Management 287

SS) STFP) + GRAF = AGR; AGR %

BRACKETS

(2) In cases where ski areas are only

partially located on national forest lands,

the slope transport feet percentage on

national forest land referred to in this

subsection shall be calculated as

generally described in the Forest

Service Manual in effect as of January

1, 1992. Revenues from Nordic ski

operations shall be included or excluded

from the rental charge calculation

according to the percentage of trails

physically located on national forest

land.

(3) In order to ensure that the rental

charge remains fair and equitable to

both the United States and the ski area

permittees, the adjusted gross revenue

figures for each revenue bracket in

paragraph (1) shall be adjusted annually

by the percent increase or decrease in

the national Consumer Price Index for

the preceding calendar year. No later

than 3 years after November 12, 1996,

and every 5 years thereafter the

Secretary shall submit to the Committee

on Energy and Natural Resources of

the United States Senate and the

Committee on Resources of the United

States House of Representatives a

report analyzing whether the ski area

permit rental charge required by this

section is returning a fair market value

rental to the United States together with

any recommendations the Secretary

may have for modifications of the

system.

(c) Payment

The rental charge set forth in subsection

(b) of this section shall be due on June 1

of each year and shall be paid or prepaid

by the permittee on a monthly, quarterly,

annual or other schedule as determined

appropriate by the Secretary in consultation with the permittee. Unless mutually

agreed otherwise by the Secretary and

the permittee, the payment or prepayment

schedule shall conform to the permittee’s

schedule in effect prior to November 12,

1996. To reduce costs to the permittee

and the Forest Service, the Secretary

shall each year provide the permittee with

a standardized form and worksheets

(including annual rental charge calculation

brackets and rates) to be used for rental

charge calculation and submitted with the

rental charge payment. Information

provided on such forms shall be compiled

by the Secretary annually and kept in the

Office of the Chief, United States Forest

Service.

(d) Effective date

The ski area permit rental charge set

forth in this section shall become effective on June 1, 1996 and cover receipts

retroactive to June 1, 1995: Provided,

That if a permittee has paid rental

charges for the period June 1, 1995, to

June 1, 1996, under the graduated rate

rental charge system formula in effect

prior to November 12, 1996, such rental

charges shall be credited toward the new

rental charge due on June 1, 1996. In

order to ensure increasing rental charge

receipt levels to the United States during

transition from the graduated rate rental

charge system formula to the formula of

this section, the rental charge paid by any
288 National Forest System Resource Management - Recreation Management

individual permittee shall be

(1) for the 1995-1996 permit year, either

the rental charge paid for the preceding

1994-1995 base year or the rental

charge calculated pursuant to this

section, whichever is higher;

(2) for the 1996-1997 permit year, either

the rental charge paid for the 1994-1995

base year or the rental charge calculated pursuant to this section, whichever

is higher; and

(3) for the 1997-1998 permit year, either

the rental charge for the 1994-1995

base year or the rental charge calculated pursuant to this section, whichever

is higher. If an individual permittee’s

adjusted gross revenue for the 1995-

1996, 1996-1997, or 1997-1998 permit

years falls more than 10 percent below

the adjusted gross revenue for the 1994-

1995 base year, the rental charge paid

shall be the rental charge calculated

pursuant to this section.

(e) Non-national forest land operations

Under no circumstances shall revenue, or

subpermittee revenue (other than lift

ticket, area use pass, or ski school sales)

obtained from operations physically

located on non-national forest land be

included in the ski area permit rental

charge calculation.

(f) “Revenue” and “sales” defined;

limitations

To reduce administrative costs of ski area

permittees and the Forest Service the

terms “revenue” and “sales”, as used in

this section, shall mean actual income

from sales and shall not include sales of

operating equipment, refunds, rent paid to

the permittee by sublessees, sponsor

contributions to special events or any

amounts attributable to employee gratuities or employee lift tickets, discounts, or

other goods or services (except for

bartered goods and complimentary lift

tickets offered for commercial or other

promotional purposes) for which the

permittee does not receive money.

(g) Minimum rental charge

In cases where an area of national forest

land is under a ski area permit but the

permittee does not have revenue or sales

qualifying for rental charge payment

pursuant to subsection (a) of this section,

the permittee shall pay an annual minimum rental charge of $2 for each national

forest acre under permit or a percentage

of appraised land value, as determined

appropriate by the Secretary.

(h) Five-year phase-in of increase

Where the new rental charge provided

for in subsection (b)(1) of this section

results in an increase in permit rental

charge greater than one-half of 1 percent

of the permittee’s adjusted gross revenue

as determined under subsection (b)(1) of

this section, the new rental charge shall

be phased in over a five-year period in a

manner providing for increases of approximately equal increments.

(i) Construction with National Environmental Policy Act of 1969

To reduce Federal costs in administering

the provisions of this section, the

reissuance of a ski area permit to provide

activities similar in nature and amount to
National Forest System Resource Management - Recreation Management 289

the activities provided under the previous

permit shall not constitute a major Federal

action for the purposes of the National

Environmental Policy Act of 1969 (42

U.S.C. 4331 et seq.).

(j) Withdrawal from mining laws

Subject to valid existing rights, all lands

located within the boundaries of ski area

permits issued prior to, on or after November 12, 1996, pursuant to authority of

the Act of March 4, 1915 (38 Stat. 1101,

chapter 144; 16 U.S.C. 497), and the Act

of June 4, 1897, or the National Forest Ski

Area Permit Act of 1986 (16 U.S.C.

497b) are hereby and henceforth automatically withdrawn from all forms of

appropriation under the mining laws and

from disposition under all laws pertaining

to mineral and geothermal leasing and all

amendments thereto. Such withdrawal

shall continue for the full term of the

permit and any modification, reissuance,

or renewal thereof. Unless the Secretary

requests otherwise of the Secretary of

the Interior, such withdrawal shall be

canceled automatically upon expiration or

other termination of the permit and the

land automatically restored to all appropriation not otherwise restricted under the

public land laws. (16 U.S.C. 497c)
290 National Forest System Resource Management - Recreation Management

Cabin User Fee Fairness Act of 2000, Department

of the Interior and Related Agencies

Appropriations Act of 2001

October 11, 2000 (Pub. L. 106-291, 114 Stat. 1014; 16 U.S.C.

6201 note, 6201 to 6213)

Title VI

Short Title

Sec. 601 This title may be cited as the

“Cabin User Fee Fairness Act of 2000”.

(16 U.S.C. 6201 note)

Findings

Sec. 602 Congress finds that -

(1) cabins located on forest land have

provided a unique recreation experience

to a large number of cabin owners, their

families, and guests each year since

Congress authorized the recreation

residence program in 1915; and

(2) the fact that current appraisal

procedures have, in certain circumstances, been inconsistently applied in

determining fair market values for

residential lots demonstrates that

problems exist in accurately reflecting

market values. (16 U.S.C. 6201)

Purposes

Sec. 603 The purposes of this chapter are -

(1) to ensure, to the maximum extent

practicable, that the National Forest

System recreation residence program is

managed to preserve the opportunity for

individual and family-oriented recreation; and

(2) to develop and implement a more

consistent procedure for determining

cabin user fees, taking into consideration the limitations of an authorization

and other relevant market factors. (16

U.S.C. 6202)

Definitions

Sec. 604 In this chapter:

(1) Agency

The term “agency” means the Forest

Service.

(2) Authorization

The term “authorization” means a

special use permit for the use and

occupancy of National Forest System

land by a cabin owner under the authority of the program.

(3) Base cabin user fee

The term “base cabin user fee” means

the fee for an authorization that results

from the appraisal of a lot as determined in accordance with sections 6205

and 6206 of this title.

(4) Cabin

The term “cabin” means a privately

built and owned recreation residence

that is authorized for use and occupancy
National Forest System Resource Management - Recreation Management 291

on National Forest System land.

(5) Cabin owner

The term “cabin owner” means -

(A) a person authorized by the agency

to use and to occupy a cabin on

National Forest System land; and

(B) an heir or assign of such a person.

(6) Cabin user fee

The term “cabin user fee” means a

special use fee paid annually by a cabin

owner to the Secretary in accordance

with this chapter.

(7) Caretaker cabin

The term “caretaker cabin” means a

caretaker residence occupied in limited

cases in which caretaker services are

necessary to maintain the security of a

tract.

(8) Current cabin user fee

The term “current cabin user fee”

means the most recent cabin user fee

that results from an annual adjustment

to the base cabin user fee in accordance with section 6207 of this title.

(9) Lot

The term “lot” means a parcel of land in

the National Forest System

(A) on which a cabin owner is authorized to build, use, occupy, and maintain a cabin and related improvements;

and

(B) that is considered to be in its

natural, native state at the time at

which a use of the lot described in

subparagraph (A) is first permitted by

the Secretary.

(10) Natural, native state

The term “natural, native state” means

the condition of a lot or site, free of any

improvements, at the time at which the

lot or site is first authorized for recreation residence use by the agency.

(11) Program

The term “program” means the recreation residence program established

under the authority of section 497 of this

title.

(12) Secretary

The term “Secretary” means the

Secretary of Agriculture, acting through

the Chief of the Forest Service.

(13) Tract

The term “tract” means an established

location within a National Forest

containing 1 or more cabins authorized

in accordance with the program.

(14) Tract association

The term “tract association” means a

cabin owner association in which all

cabin owners within a tract are eligible

for membership.

(15) Typical lot

The term “typical lot” means a cabin lot,

or a group of cabin lots, in a tract that is

selected for use in an appraisal as being

representative of, and that has similar

value characteristics as, other lots or

groups of lots within the tract. (16

U.S.C. 6203)

Administration of recreation
292 National Forest System Resource Management - Recreation Management

residence program

Sec. 605 The Secretary shall ensure, to

the maximum extent practicable, that the

basis and procedure for calculating cabin

user fees results in a fee for an authorization that reflects, in accordance with this

chapter -

(1) the market value of a lot; and

(2) regional and local economic influences. (16 U.S.C. 6204)

Appraisals

Sec. 606 (a) Requirements for conducting appraisals

In implementing and conducting an

appraisal process for determining cabin

user fees, the Secretary shall -

(1) complete an inventory of improvements that were paid for by -

(A) the agency;

(B) third parties; or

(C) cabin owners (or predecessors of

cabin owners), during the completion

of which the Secretary shall presume

that a cabin owner, or a predecessor

of the owner, has paid for the capital

costs of any utility, access, or facility

serving the lot being appraised, unless

the Forest Service produces evidence

that the agency or a third party has

paid for the capital costs;

(2) establish an appraisal process to

determine the market value of the fee

simple estate of a typical lot or lots

considered to be in a natural, native

state, subject to subsection (b)(4)(A) of

this section;

(3) enter into a contract with an appropriate professional appraisal organization to manage the development of

specific appraisal guidelines in accordance with subsection (b) of this

section, subject to public comment and

congressional review;

(4) require that an appraisal be performed by a State-certified general real

estate appraiser, selected by the Secretary and licensed to practice in the State

in which the lot is located;

(5) provide the appraiser with appraisal

guidelines developed in accordance with

this chapter;

(6) notwithstanding any other provision

of law, require the appraiser to coordinate the appraisal closely with affected

parties by seeking information, cooperation, and advice from cabin owners and

tract associations;

(7) require that the appraiser perform

the appraisal in compliance with -

(A) the most current edition of the

Uniform Standards of Professional

Appraisal Practice in effect on the

date of the appraisal;

(B) the most current edition of the

Uniform Appraisal Standards for

Federal Land Acquisitions that is in

effect on the date of the appraisal; and

(C) the specific appraisal guidelines

developed in accordance with this

chapter;

(8) require that the appraisal report -

(A) be a full narrative report, in

compliance with the reporting stan-
National Forest System Resource Management - Recreation Management 293

dards of the Uniform Standards of

Professional Appraisal Practice; and

(B) comply with the reporting guidelines established by the Uniform

Appraisal Standards for Federal Land

Acquisitions; and

(9) before accepting any appraisal,

conduct a review of the appraisal to

ensure that the guidelines made available to the appraiser have been followed and that the appraised values are

properly supported.

(b) Specific appraisal guidelines

In the development of specific appraisal

guidelines in accordance with subsection

(a)(3) of this section, the instructions to

an appraiser shall require, at a minimum,

the following:

(1) Appraisal of a typical lot

(A) In general In conducting an

appraisal under this section, the

appraiser -

(i) shall not appraise each individual

lot;

(ii) shall appraise a typical lot or lots,

selected by the cabin owners and the

agency in a manner consistent with

the policy of the program; and

(iii) shall be provided, and give

appropriate consideration to, any

information contained in the inventory of improvements relating to the

lot being appraised.

(B) Estimate of market value of

typical lot

(i) In general

The appraiser shall estimate the

market value of a typical lot in

accordance with this chapter.

(ii) Equivalence to legally subdivided

lot In selecting a comparable sale

under this chapter, the appraiser shall

recognize that the typical lot will not

usually be equivalent to a legally

subdivided lot.

(2) Exception for certain sales of land

In conducting an appraisal under this

chapter, the appraiser -

(A) shall not select sales of comparable land that are sales of land within

developed urban areas; and

(B) should not, in most circumstances,

select a sale of comparable land that

includes land that is encumbered by a

conservation or recreational easement

that is held by a government or

institution, except land that is limited to

use as a site for 1 home.

(3) Adjustments for typical value

influences

(A) In general

The appraiser shall consider, and

adjust as appropriate, the price of

sales of comparable land for all typical

value influences described in subparagraph (B).

(B) Value influences

The typical value influences referred

to in subparagraph (A) include -

(i) differences in the locations of the

parcels;

(ii) accessibility, including limitations
294 National Forest System Resource Management - Recreation Management

on access attributable to -

(I) weather;

(II) the condition of roads or trails;

(III) restrictions imposed by the

agency; or

(IV) other factors;

(iii) the presence of marketable

timber;

(iv) limitations on, or the absence of,

services such as law enforcement,

fire control, road maintenance, or

snow plowing;

(v) the condition and regulatory

compliance of any site improvements; and

(vi) any other typical value influences described in standard appraisal literature.

(4) Adjustments to sales of comparable

parcels

(A) Utilities, access, or facilities

(i) Agency

Utilities, access, or facilities serving

a lot that are provided by the agency

shall be included as features of the

lot being appraised.

(ii) Cabin owners

Utilities, access, or facilities serving

a lot that are provided by the cabin

owner (or a predecessor of the cabin

owner) shall not be included as a

feature of the lot being appraised.

(iii) Third parties

Utilities, access, or facilities serving

a lot that are provided by a third

party shall not be included as a

feature of the lot being appraised

unless, in accordance with subsection (a)(1) of this section, the agency

determines that the capital costs

have not been or are not being paid

by the cabin owner (or a predecessor of the cabin owner).

(iv) Withdrawal of utility or access

by agency

If, during the term of an authorization, the agency or an act of God

creates a substantial and materially

adverse change in -

(I) the provision or maintenance of

any utility or access; or

(II) a qualitative feature of the lot

or immediate surroundings, the

cabin owner shall have the right to

request, and, at the discretion of

the Secretary, obtain a new

determination of the base cabin

user fee at the expense of the

agency.

(B) Adjustment for exclusion

In a case in which any comparable

sale includes utilities, access, or

facilities that are to be excluded in the

appraisal of the subject lot, the price of

the comparable sale shall be adjusted,

as appropriate.

(C) Adjustment process

(i) In general

The appraiser shall consider and

adjust, as appropriate, the price of

each sale of a comparable parcel for
National Forest System Resource Management - Recreation Management 295

all nonnatural features referred to in

subparagraph (A)(ii) that -

(I)(aa) are present at, or add value

to, the comparable parcel; but

(bb) are not present at the lot

being appraised; or

(II) are not included in the appraisal as described in subparagraph (A).

(ii) Adjustments

(I) In general

In a case in which the price of a

parcel sold is to be adjusted in

accordance with subparagraph (B),

the adjustment may be based on an

analysis of market or cost information or both.

(II) Cost information

If cost information is used as the

basis of an adjustment under

subclause (I), the cost information

shall be supported by direct market

evidence.

(iii) Analysis of cost information

An analysis of cost information

under clause (ii)(I) should include

allowances, as appropriate, if the

allowances are consistent with -

(I) the Uniform Standards of

Professional Appraisal Practice in

effect on the date of the analysis;

and

(II) the Uniform Appraisal Standards for Federal Land Acquisition.

(D) Reappraisal for and recalculation

of base cabin user fee Periodically, but

not less often than once every 10

years, the Secretary shall recalculate

the base cabin user fee (including

conducting any reappraisal required to

recalculate the base cabin user fee).

(16 U.S.C. 6205)

Cabin user fees

Sec. 607 (a) In general

The Secretary shall establish the cabin

user fee as the amount that is equal to 5

percent of the market value of the lot, as

determined in accordance with section

6205 of this title, reflecting an adjustment

to the typical market rate of return due to

restrictions imposed by the permit,

including -

(1) the limited term of the authorization;

(2) the absence of significant property

rights normally attached to fee simple

ownership; and

(3) the public right of access to, and use

of, any open portion of the lot on which

the cabin or other enclosed improvements are not located.

(b) Fee for caretaker cabin

The base cabin user fee for a lot on

which a caretaker cabin is located shall

not be greater than the base cabin user

fee charged for the authorized use of a

similar typical lot in the tract.

(c) Annual cabin user fee in the event of

determination not to reissue authorization

If the Secretary determines that an

authorization should not be reissued at the

end of a term, the Secretary shall -
296 National Forest System Resource Management - Recreation Management

(1) establish as the new base cabin user

fee for the remaining term of the

authorization the amount charged as the

cabin user fee in the year that was 10

years before the year in which the

authorization expires; and

(2) calculate the current cabin user fee

for each of the remaining 9 years of the

term of the authorization by multiplying -

(A) 1/10 of the new base cabin user

fee; by

(B) the number of years remaining in

the term of the authorization after the

year for which the cabin user fee is

being calculated.

(d) Annual cabin user fee in event of

changed conditions

If a review of a decision to convert a lot

to an alternative public use indicates that

the continuation of the authorization for

use and occupancy of the cabin by the

cabin owner is warranted, and the

decision is subsequently reversed, the

Secretary may require the cabin owner to

pay any portion of annual cabin user fees

that were forgone as a result of the

expectation of termination of use and

occupancy of the cabin by the cabin

owner.

(e) Termination of fee obligation in loss

resulting from acts of God or catastrophic

events

On a determination by the agency that,

because of an act of God or a catastrophic event, a lot cannot be safely

occupied and the authorization for the lot

should accordingly be terminated, the fee

obligation of the cabin owner shall

terminate effective on the date of the

occurrence of the act or event. (16

U.S.C. 6206)

Annual adjustment of cabin user fee

Sec. 608 (a) In general

The Secretary shall adjust the cabin user

fee annually, using a rolling 5-year

average of a published price index in

accordance with subsection (b) or (c) of

this section that reports changes in rural

or similar land values in the State, county,

or market area in which the lot is located.

(b) Initial index

(1) In general

For the period of 10 years beginning on

October 11, 2000, the Secretary shall

use changes in agricultural land prices in

the appropriate State or county, as

reported in the Index of Agricultural

Land Prices published by the Department of Agriculture, to determine the

annual adjustment to the cabin user fee

in accordance with subsections (a) and

(d) of this section.

(2) Statewide changes

In determining the annual adjustment to

the cabin user fee for an authorization

located in a county in which agricultural

land prices are influenced by the

[Amended by Pub. L. 108-7, sec. 324,

117 Stat. 275] value influences criteria

described in section 6205(b)(3) of this

title, the Secretary shall use average

statewide changes in the State in which

the lot is located.

(c) New index
National Forest System Resource Management - Recreation Management 297

(1) In general

Not later than 10 years after October

11, 2000, the Secretary may select and

use an index other than the method of

adjustment of a cabin user fee described in subsection (b)(2) of this

section to adjust a cabin user fee if the

Secretary determines that a different

index better reflects change in the value

of a lot over time.

(2) Selection process

Before selecting a new index, the

Secretary shall -

(A) solicit and consider comments

from the public; and

(B) not later than 60 days before the

date on which the Secretary makes a

final index selection, submit any

proposed selection of a new index to -

(i) the Committee on Resources of

the House of Representatives; and

(ii) the Committee on Agriculture,

Nutrition, and Forestry of the

Senate.

(d) Limitation

In calculating an annual adjustment to the

base cabin user fee as determined by the

initial index described in section 1

 (b) of

this section, the Secretary shall -

(1) limit any annual fee adjustment to an

amount that is not more than 5 percent

per year when the change in agricultural

land values exceeds 5 percent in any 1

year; and

(2) apply the amount of any adjustment

that exceeds 5 percent to the annual fee

payment for the next year in which the

change in the index factor is less than 5

percent. (16 U.S.C. 6207)

1

 So in original. Probably should be

“subsection”.

Payment of cabin user fees

Sec. 609 (a) Due date for payment of

fees

A cabin user fee shall be prepaid annually

by the cabin owner.

(b) Payment of equal or lesser fee

If, in accordance with section 6206 of this

title, the Secretary determines that the

amount of a new base cabin user fee is

equal to or less than the amount of the

current base cabin user fee, the Secretary

shall require payment of the new base

cabin user fee by the cabin owner in

accordance with subsection (a) of this

section.

(c) Payment of greater fee

If, in accordance with section 6206 of this

title, the Secretary determines that the

amount of a new base cabin user fee is

greater than the amount of the current

base cabin user fee, the Secretary shall -

(1) require full payment of the new base

cabin user fee in the first year following

completion of the fee determination

procedure if the increase in the amount

of the new base cabin user fee is not

more than 100 percent of the current

base cabin user fee; or

(2) phase in the increase over the

current base cabin user fee in approximately equal increments over 3 years if
298 National Forest System Resource Management - Recreation Management

the increase in the amount of the new

base cabin user fee is more than 100

percent of the current base cabin user

fee. (16 U.S.C. 6208)

Right of second appraisal

Sec. 610 (a) Right of second appraisal

On receipt of notice from the Secretary

of the determination of a new base cabin

user fee, the cabin owner -

(1) not later than 60 days after the date

on which the notice is received, may

notify the Secretary of the intent of the

cabin owner to obtain a second appraisal; and

(2) may obtain, within 1 year following

the date of receipt of the notice under

this subsection, at the expense of the

cabin owner, a second appraisal of the

typical lot on which the initial appraisal

was conducted.

(b) Conduct of second appraisal

In conducting a second appraisal, the

appraiser selected by the cabin owner

shall -

(1) have qualifications equivalent to the

appraiser that conducted the initial

appraisal in accordance with section

6205(a)(4) of this title;

(2) use the appraisal guidelines used in

the initial appraisal in accordance with

section 6205(a)(5) of this title;

(3) consider all relevant factors in

accordance with this chapter (including

guidelines developed under section

6205(a)(3) of this title); and

(4) notify the Secretary of any material

differences of fact or opinion between

the initial appraisal conducted by the

agency and the second appraisal.

(c) Request for reconsideration of base

cabin user fee

A cabin owner shall submit to the Secretary any request for reconsideration of

the base cabin user fee, based on the

results of the second appraisal, not later

than 60 days after the receipt of the

report for the second appraisal.

(d) Reconsideration of base cabin user

fee

On receipt of a request from the cabin

owner under subsection (c) of this section

for reconsideration of a base cabin user

fee, not later than 60 days after the date

of receipt of the request, the Secretary

shall -

(1) review the initial appraisal of the

agency;

(2) review the results and commentary

from the second appraisal;

(3) determine a new base cabin user

fee in an amount that is -

(A) equal to the base cabin user fee

determined by the initial or the second

appraisal; or

(B) within the range of values, if any,

between the initial and second appraisals; and

(4) notify the cabin owner of the

amount of the new base cabin user fee.

(16 U.S.C. 6209)

Right of appeal and judicial review
National Forest System Resource Management - Recreation Management 299

Sec. 611 (a) Right of appeal

Notwithstanding any action of a cabin

owner to exercise rights in accordance

with section 6209 of this title, the Secretary shall by regulation grant the cabin

owner the right to an administrative

appeal of the determination of a new base

cabin user fee.

(b) Judicial review

A cabin owner that is adversely affected

by a final decision of the Secretary under

this chapter may bring a civil action in

United States district court. (16 U.S.C.

6210)

Consistency with other law and

rights

Sec. 612 (a) Consistency with rights of

the United States

Nothing in this chapter limits or restricts

any right, title, or interest of the United

States in or to any land or resource.

(b) Special rule for Alaska

In determining a cabin user fee in the

State of Alaska, the Secretary shall not

establish or impose a cabin user fee or a

condition affecting a cabin user fee that is

inconsistent with section 3193(d) of this

title. (16 U.S.C. 6211)

Regulations

Sec. 613 Not later than 2 years after

October 11, 2000, the Secretary shall

promulgate regulations to carry out this

chapter. (16 U.S.C. 6212)

Transition provisions

Sec. 614 (a) Assessment of annual fees

For the period of time determined under

subsection (b) of this section, the Secretary shall charge each cabin owner an

annual fee as follows:

(1) Lots not appraised since September

30, 1995

For a lot that has not been appraised

since September 30, 1995, the annual

fee shall be equal to the amount of the

annual fee in effect on October 11,

2000, adjusted annually to reflect

changes in the Implicit Price DeflatorGross National Product Index.

(2) Lots appraised on or after September 30, 1995

(A) In general

Except as provided in subparagraph

(B), for a lot that has been appraised

on or after September 30, 1995, the

annual fee shall be equal to the

amount of the fee in effect on October

11, 2000, adjusted annually to reflect

changes in the Implicit Price DeflatorGross National Product Index.

(B) Appraisals resulting in base fee

increase

(i) In general

Except as provided in clause (ii), for

a lot that has been appraised on or

after September 30, 1995, for which

the appraisal resulted in an increase

of the base fee by an amount greater

than $3,000, the annual fee shall be

equal to the sum of $3,000 plus the

amount of the annual fee in effect on

October 1, 1996, adjusted annually to

reflect the percentage change in the
300 National Forest System Resource Management - Recreation Management

Implicit Price Deflator-Gross

National Product Index.

(ii) Fees paid after request of new

appraisal or peer review If -

(I) the cabin owner of a lot described in clause (i) requests a new

appraisal or peer review under

subsection (c) of this section; and

(II) the base cabin user fee

established as a result of the

appraisal or peer review is determined to be an amount that is 90

percent or more of the fee in effect

for the lot as determined by an

appraisal conducted on or after

September 30, 1995, the Secretary

shall charge the cabin owner, in

addition to the annual fee that

would otherwise have been due

under section 6208 of this title, the

difference between the base cabin

user fee determined through the

conduct of the new appraisal or

peer review and the annual fee that

would otherwise have been due

under section 6208 of this title, to

be assessed retroactively for each

year beginning with the year in

which the previous appraisal was

conducted, and to be paid in 3

equal annual installments.

(b) Term

(1) Lots not appraised since September

30, 1995

For a lot that has not been appraised

since September 30, 1995, the Secretary

shall charge fees in accordance with

subsection (a)(2)(A) of this section until

-

(A) a base cabin user fee is determined in accordance with -

(i) this chapter; or

(ii) regulations and policies in effect

on October 11, 2000; and

(B) the right of the cabin owner to a

second appraisal under section 6209 of

this title is exhausted.

(2) Lots appraised on or after September 30, 1995

For a lot that has been appraised on or

after September 30, 1995, the Secretary

shall charge fees under subsection

(a)(2) of this section until -

(A) the cabin owner requests a new

appraisal or peer review, and a base

cabin user fee is established, under

subsection (c) of this section; or

(B) in the absence of a request for a

peer review or a new appraisal under

subsection (c) of this section, the date

that is 2 years after the date on which

the Forest Service promulgates

regulations and policies and develops

appraisal guidelines under this chapter.

(c) Request for new appraisal under new

law

(1) In general

Not later than 2 years after the promulgation of final regulations and policies

and the development of appraisal

guidelines in accordance with section

6205(a)(5) of this title, cabin owners

that are subject to appraisals completed

after September 30, 1995, but before
National Forest System Resource Management - Recreation Management 301

the date of promulgation of final regulations under section 6212 of this title,

may request, in accordance with

paragraph (2), that the Secretary -

(A) conduct a new appraisal and

determine a new base cabin user fee

in accordance with this chapter; or

(B) commission a peer review of the

existing appraisals in accordance with

paragraph (4).

(2) Appraisal groupings by typical lot

A request for a new appraisal or for a

peer review of existing appraisals under

paragraph (1) shall be made by a

majority of the cabin owners in a group

of cabins represented in the appraisal

process by a typical lot.

(3) Conduct of new appraisal

On receipt of a request for an appraisal

and fee determination in accordance

with paragraph (2), the Secretary shall

conduct the new appraisal and fee

determination in accordance with this

chapter.

(4) Peer review of existing appraisals

(A) In general

On receipt of a request for peer

review in accordance with paragraph

(2), the Secretary shall obtain from an

independent professional appraisal

organization a review of the appraisal

(including any report on the appraisal)

that was used to establish the estimated fee simple value of the lots

within the subject grouping.

(B) Inconsistency

If peer review described in subparagraph (A) results in a determination

that an appraisal or appraisal report

includes provisions or procedures that

were implemented or conducted in a

manner inconsistent with this chapter,

the Secretary shall, as appropriate and

in accordance with this chapter -

(i) revise an existing base cabin user

fee; or

(ii) subject to an agreement with the

cabin owners, conduct a new

appraisal and fee determination.

(5) Payment of costs

Cabin owners and the Secretary shall

share, in equal proportion, the payment

of all reasonable costs of any new

appraisal or peer review.

(d) Assumption of new base cabin user

fee

In the absence of a request under subsection (c) of this section for a new appraisal

and fee determination from a cabin owner

whose cabin user fee was determined as

a result of an appraisal conducted after

September 30, 1995, but before the date

of promulgation of final regulations under

section 6212 of this title, the Secretary

may consider the base cabin user fee

resulting from the appraisal conducted

between September 30, 1995 and the date

of promulgation of the final regulations

under section 6212 of this title, to be the

base cabin user fee that complies with

this section. (16 U.S.C. 6213)
302 National Forest System Resource Management - Timber Management

Sustained-Yield Forest Management Act

March 29, 1944 (Ch. 146, 58 Stat. 132; 16 U.S.C. 583, 583a to

583i)

Establishment of sustained-yield

units to stabilize forest industries,

employment, communities and

taxable wealth

Sec. 1 In order to promote the stability of

forest industries, of employment, of

communities, and of taxable forest

wealth, through continuous supplies of

timber; in order to provide for a continuous and ample supply of forest products;

and in order to secure the benefits of

forests in maintenance of water supply,

regulation of stream flow, prevention of

soil erosion, amelioration of climate, and

preservation of wildlife, the Secretary of

Agriculture and the Secretary of the

Interior are severally authorized to

establish by formal declaration, when in

their respective judgments such action

would be in the public interest, cooperative sustained-yield units which shall

consist of federally owned or administered forest land under the jurisdiction of

the Secretary establishing the unit and, in

addition thereto, land which reasonably

may be expected to be made the subject

of one or more of the cooperative agreements with private landowners authorized

by section 583a of this title. (16 U.S.C.

583)

Cooperative agreements with private

owners; privileges of private owners;

recordation of agreements

Sec. 2 The Secretary of Agriculture, with

respect to forest land under his jurisdiction, and the Secretary of the Interior,

with respect to forest land under his

jurisdiction, are severally authorized, for

the purposes specified in section 583 of

this title, to enter into cooperative agreements with private owners of forest land

within a cooperative sustained-yield unit,

established pursuant to said section,

providing for the coordinated management of such private forest land and of

federally owned or administered forest

lands within the sustained-yield unit

involved. Each cooperative agreement

may give the cooperating private landowner the privilege of purchasing without

competitive bidding at prices not less than

their appraised value, subject to periodic

readjustments of stumpage rates and to

such other conditions and requirements as

the Secretary may prescribe, timber and

other forest products from federally

owned or administered forest land within

the unit, in accordance with the provisions

of sustained-yield management plans

formulated or approved by the Secretary

for the unit; shall limit the time, rate, and

method of cutting or otherwise harvesting

timber and other forest products from the

land of the cooperating private landowner,

due consideration being given to the

character and condition of the timber, to

the relation of the proposed cutting to the

sustained-yield plan for the unit, and to

the productive capacity of the land; shall

prescribe the terms and conditions, but
National Forest System Resource Management - Timber Management 303

not the price, upon which the cooperating

private landowner may sell to any person

timber and other forest products from his

land, compliance by the purchaser with

such conditions to be required by the

contract of sale; shall contain such

provisions as the Secretary deems

necessary to protect the reasonable

interest of other owners of forest land

within the unit; and shall contain such

other provisions as the Secretary believes

necessary to carry out the purposes of

this subchapter. Each cooperative agreement shall be placed on record in the

county or counties in which the lands of

the cooperating private landowner

covered thereby are located, and the

costs incident to such recordation may be

paid out of any funds available for the

protection or management of federally

owned or administered forest land within

the unit. When thus recorded, the agreement shall be binding upon the heirs,

successors, and assigns of the owner of

such land, and upon purchasers of timber

or other forest products from such land,

throughout the life of such cooperative

agreement. (16 U.S.C. 583a)

Establishment of sustained-yield

units to stabilize sale of timber and

forest products

Sec. 3 The Secretary of Agriculture and

the Secretary of the Interior are further

severally authorized, whenever in their

respective judgments the maintenance of

a stable community or communities is

primarily dependent upon the sale of

timber or other forest products from

federally owned or administered forest

land and such maintenance cannot

effectively be secured by following the

usual procedures in selling such timber or

other forest products, to establish by

formal declaration for the purpose of

maintaining the stability of such community or communities a sustained-yield unit

consisting of forest land under the jurisdiction of the Secretary establishing such

unit, to determine and define the boundaries of the community or communities

for whose benefit such unit is created,

and to sell, subject to such conditions and

requirements as the Secretary believes

necessary, federally owned or administered timber and other forest products

from such unit without competitive

bidding at prices not less than their

appraised values, to responsible purchasers within such community or communities. (16 U.S.C. 583b)

Agreements between Secretaries of

Agriculture and the Interior, or with

other Federal agencies having

jurisdiction over forest land

Sec. 4 Each of the said Secretaries is

further authorized in his discretion to

enter into cooperative agreements with

the other Secretary, or with any Federal

agency having jurisdiction over federally

owned or administered forest land, or

with any State or local agency having

jurisdiction over publicly owned or

administered forest land, providing for the

inclusion of such land in any coordinated

plan of management otherwise authorized

by the provisions of this subchapter when

by such a cooperative agreement he may

be aided in accomplishing the purposes of
304 National Forest System Resource Management - Timber Management

this subchapter; but no federally or

publicly owned or administered forest

land not under the jurisdiction of the

Secretary establishing the sustained-yield

unit concerned shall be included in any

such plan except in pursuance of a

cooperative agreement made under this

section. (16 U.S.C. 583c)

Notice; registered mail and

publication; costs; contents; request

for hearing; time; determination and

record available for inspection

Sec. 5 Before any sustained-yield unit

authorized by section 583 or 583b of this

title shall be established, and before any

cooperative agreement authorized by

section 583a or 583c of this title shall be

entered into, advance notice thereof shall

be given by registered mail or by certified

mail to each landowner whose land is

proposed to be included and by publication in one or more newspapers of

general circulation in the vicinity of the

place where the timber is located, and the

costs incident to such publication may be

paid out of any funds available for the

protection or management of the federally

owned or administered forest land

involved. This notice shall state: (1) the

location of the proposed unit; (2) the

name of each proposed cooperator; (3)

the duration of the proposed cooperative

agreement or agreements; (4) the location

and estimated quantity of timber on the

land of each proposed cooperator and on

the Federal land involved; (5) the expected rate of cutting of such timber; and

(6) the time and place of a public hearing

to be held not less than thirty days after

the first publication of said notice for the

presentation of the advantages and

disadvantages of the proposed action to

the community or communities affected.

Before any sale agreement made without

competition and involving more than $500

in stumpage value of federally owned or

administered timber shall be entered into

under this subchapter, advance notice

thereof shall be given by publication once

weekly for four consecutive weeks in one

or more newspapers of general circulation in the vicinity of the place where the

timber is located, and the costs incident to

such publication may be paid out of any

funds available for the protection or

management of federally owned or

administered forest land within the unit

concerned. This notice shall state: (1) the

quantity and appraised value of the

timber; (2) the time and place of a public

hearing to be held not less than thirty days

after the first publication of said notice if

requested by the State or county where

the timber is located or by any other

person deemed to have a reasonable

interest in the proposed sale or in its

terms; and (3) the place where any

request for a public hearing shall be

made. Such requests need be considered

only if received at the place designated in

the notice not later than fifteen days after

the first publication of such notice. If a

request for a hearing is received within

the time designated, notice of the holding

of the hearing shall be given not less than

ten days before the time set for such

hearing, in the same manner as provided

for the original notice.

The determination made by the Secretary
National Forest System Resource Management - Timber Management 305

having jurisdiction upon the proposals

considered at any such hearing, which

determination may include the modification of the terms of such proposals,

together with the minutes or other record

of the hearing, shall be available for public

inspection during the life of any coordinated plan of management or agreement

entered into in consequence of such

determination. (16 U.S.C. 583d)

Remedies against private owners;

jurisdiction; final orders; ‘’owner”

defined

Sec. 6 In addition to any other remedy

available under existing law, upon failure

of any private owner of forest land which

is subject to a cooperative agreement

entered into pursuant to this subchapter to

comply with the terms of such agreement,

or upon failure of any purchaser of timber

or other forest products from such land to

comply with the terms and conditions

required by such agreement to be included in the contract of sale, the Attorney General, at the request of the Secretary concerned, is authorized to institute

against such owner or such purchaser a

proceeding in equity in the proper district

court of the United States, to require

compliance with the terms and conditions

of said cooperative agreement; and

jurisdiction is conferred upon said district

courts to hear and determine such

proceedings, to order compliance with the

terms and conditions of cooperative

agreements entered into pursuant to this

subchapter, and to make such temporary

and final orders as shall be deemed just in

the premises. As used in this section the

term “owner” shall include the heirs,

successors, and assigns of the landowner

entering into the cooperative agreements.

(16 U.S.C. 583e)

‘’Federally owned or administered

forest land” defined

Sec. 7 Whenever used in this subchapter,

the term “federally owned or administered forest land” shall be construed to

mean forest land in which, or in the

natural resources of which, the United

States has a legal or equitable interest of

any character sufficient to entitle the

United States to control the management

or disposition of the timber or other forest

products thereon, except land heretofore

or hereafter reserved or withdrawn for

purposes which are inconsistent with the

exercise of the authority conferred by this

subchapter; and shall include trust or

restricted Indian land, whether tribal or

allotted, except that such land shall not be

included without the consent of the

Indians concerned. (16 U.S.C. 583f)

Rules and regulations; delegation of

powers and duties

Sec. 8 The Secretary of Agriculture and

the Secretary of the Interior may severally prescribe such rules and regulations

as may be appropriate to carry out the

purposes of this subchapter. Each Secretary may delegate any of his powers and

duties under this subchapter to other

officers or employees of his Department.

(16 U.S.C. 583g)

Prior acts as affecting or affected by

subchapter
306 National Forest System Resource Management - Timber Management

Sec. 9 Nothing contained in this subchapter shall be construed to abrogate or

curtail any authority conferred upon the

Secretary of Agriculture or the Secretary

of the Interior by any Act relating to

management of federally owned or

administered forest lands, and nothing

contained in any such Acts shall be

construed to limit or restrict any authority

conferred upon the Secretary of Agriculture or the Secretary of the Interior by

this subchapter. (16 U.S.C. 583h)

Authorization of appropriations

Sec. 10 Funds available for the protection

or management of Federally owned or

administered forest land within the unit

concerned may also be expended in

carrying out the purposes of this subchapter, and there are authorized to be appropriated such additional sums for the

purposes of this subchapter as the

Congress may from time to time deem

necessary, but such additional sums shall

not exceed $150,000 for the Department

of Agriculture and $50,000 for the Department of the Interior, for any fiscal

year. (16 U.S.C. 583i)
National Forest System Resource Management - Timber Management 307

Forest Resources Conservation and Shortage

Relief Act of 1990, Customs and Trade Act of

1990

August 20, 1990 (Pub. L. 101-382, 104 Stat. 714; 16 U.S.C.

620, 620a to 620e, 620 note, 620f to 620j)

***

Findings and purposes

Sec. 488 (a) Findings

The Congress makes the following

findings:

(1) Timber is essential to the United

States.

(2) Forests, forest resources, and the

forest environment are exhaustible

natural resources that require efficient

and effective conservation efforts.

(3) In the interest of conserving those

resources, the United States has set

aside millions of acres of otherwise

harvestable timberlands in the western

United States, representing well over

100,000,000,000 board feet of otherwise

harvestable timber.

(4) In recent years, administrative,

statutory, or judicial action has been

taken to set aside an increased amount

of otherwise harvestable timberlands for

conservation purposes.

(5) In the next few months and years,

additional amounts of otherwise

harvestable timberlands may be set

aside for conservation purposes, pursuant to the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.), the

National Forest Management Act of

1976, or other expected statutory,

administrative, and judicial actions.

(6) There is evidence of a shortfall in

the supply of unprocessed timber in the

western United States.

(7) There is reason to believe that any

shortfall which may already exist may

worsen unless action is taken.

(8) In conjunction with the broad

conservation actions expected in the

next few months and years, conservation action is necessary with respect to

exports of unprocessed timber.

(b) Purposes

The purposes of sections 620 to 620j of

this title are –

(1) to promote the conservation of

forest resources in conjunction with

State and Federal resources management plans, and other actions or decisions, affecting the use of forest resources;

(2) to take action essential for the

acquisition and distribution of forest

resources or products in short supply in

the western United States;

(3) to take action necessary, to meet the
308 National Forest System Resource Management - Timber Management

goals of Article XI 2(a) of the GATT

1994 (as defined in section 3501(1)(B)

of title 19), to ensure sufficient supplies

of certain forest resources or products

which are essential to the United States;

(4) to continue and refine the existing

Federal policy of restricting the export

of unprocessed timber harvested from

Federal lands in the western United

States; and

(5) to effect measures aimed at meeting

these objectives in conformity with the

obligations of the United States under

the WTO Agreement and the multilateral trade agreements (as such terms

are defined in paragraphs (9) and (4),

respectively, of section 3501 of title 19).

(16 U.S.C. 620)

Restrictions on exports of

unprocessed timber originating from

Federal lands

Sec. 489 (a) Prohibition on export of

unprocessed timber originating from

Federal lands

Federal lands No person who acquires

unprocessed timber originating from

Federal lands west of the 100th meridian

in the contiguous 48 States may export

such timber from the United States, or

sell, trade, exchange, or otherwise convey

such timber to any other person for the

purpose of exporting such timber from the

United States, unless such timber has

been determined under subsection (b) of

this section to be surplus to the needs of

timber manufacturing facilities in the

United States.

(b) Surpluses

(1) Determinations by Secretary

concerned

The prohibition contained in subsection

(a) of this section shall not apply to

specific quantities of grades and species

of unprocessed timber originating from

Federal lands which the Secretary

concerned determines to be surplus to

domestic manufacturing needs.

(2) Procedures

Any determination under paragraph (1)

shall be made in regulations issued in

accordance with section 553 of title 5.

Any such determination shall be reviewed at least once in every 3-year

period. The Secretary concerned shall

publish notice of such review in the

Federal Register, and shall give the

public an opportunity to comment on

such review. (16 U.S.C. 620a)

Limitations on substitution of

unprocessed Federal timber for

unprocessed timber exported from

private lands

Sec. 490 (a) Direct substitution

(1) Except as provided in paragraph (3)

and subsection (c) of this section, no

person may purchase directly from any

department or agency of the United

States unprocessed timber originating

from Federal lands west of the 100th

meridian in the contiguous 48 States if -

(A) such unprocessed timber is to be

used in substitution for exported

unprocessed timber originating from

private lands; or

(B) such person has, during the
National Forest System Resource Management - Timber Management 309

preceding 24-month period, exported

unprocessed timber originating from

private lands.

(2) Notwithstanding paragraph (1)

(A) Federal timber purchased pursuant to a contract entered into between

the purchaser and the Secretary

concerned before the date on which

regulations to carry out this subsection

are issued under section 620f of this

title shall be governed by the regulations of the Secretary concerned in

effect before such date that restrict

the substitution of unprocessed timber

originating from Federal lands for

exported timber originating from

private lands;

(B) in the 1-year period beginning on

August 20, 1990, any person who

operates under a Cooperative Sustained Yield Unit Agreement, and who

has an historic export quota shall be

limited to entering into contracts under

such a quota to a volume equal to not

more than 66 percent of the person’s

historic export quota used during fiscal

year 1989;

(C) a person referred to in subparagraph (B) shall reduce the person’s

remaining substitution volume by an

equal amount each year thereafter

such that no volume is substituted

under such a quota in fiscal year 1995

or thereafter; and

(D) the 24-month period referred to in

paragraph (1)(B) shall not apply to any

person who -

(i) before August 20, 1990, has,

under an historic export quota

approved by the Secretary concerned, purchased unprocessed

timber originating from Federal lands

west of the 100th meridian in the

contiguous 48 States in substitution

for exported unprocessed timber

originating from private lands;

(ii) certifies to the Secretary concerned, within 3 months after August

20, 1990, that the person will, within

6 months after August 20, 1990,

cease exporting unprocessed timber

originating from private lands; and

(iii) ceases exports in accordance

with such certification.

(3) Applicability. - In the case of the

purchase by a person of unprocessed

timber originating from Federal lands

west of the 119th meridian in the State

of Washington, paragraph (1) shall apply

only if -

(A) the private lands referred to in

paragraph (1) are owned by the

person; or

(B) the person has the exclusive right

to harvest timber from the private

lands described in paragraph (1)

during a period of more than 7 years,

and may exercise that right at any

time of the person’s choosing.

(b) Indirect substitution

(1) In general

Except as provided in paragraph (2), no

person may, beginning 21 days after

August 20, 1990, purchase from any

other person unprocessed timber
310 National Forest System Resource Management - Timber Management

originating from Federal lands west of

the 100th meridian in the contiguous 48

States if such person would be prohibited from purchasing such timber

directly from a department or agency of

the United States. Acquisitions of

western red cedar which are domestically processed into finished products to

be sold into domestic or international

markets are exempt from the prohibition

contained in this paragraph.

(2) Exceptions

(A) The Secretary of Agriculture shall,

as soon as practicable but not later

than 9 months after August 20, 1990,

establish, by rule, a limited amount of

unprocessed timber originating from

Federal lands described in subparagraph (B) which may be purchased by

a person otherwise covered by the

prohibition contained in paragraph (1).

Such limit shall equal -

(i) the amount of such timber

acquired by such person, based on

the higher of the applicant’s actual

timber purchasing receipts or the

appropriate Federal agency’s

records, during fiscal years 1988,

1989, and 1990, divided by 3, or

(ii) 15 million board feet, whichever

is less, except that such limit shall

not exceed such person’s proportionate share, with respect to all persons

covered under this paragraph, of 50

million board feet.

(B) The Federal lands referred to in

subparagraph (A) are Federal lands

administered by the United States

Forest Service Region 6 that are

located north of the Columbia River

from its mouth and east to its first

intersection with the 119th meridian,

and from that point north of the 46th

parallel and east.

(C) Any person may sell, trade, or

otherwise exchange with any other

person the rights obtained under

subparagraph (A), except that such

rights may not be sold, traded, or

otherwise exchanged to persons

already in possession of such rights

obtained under subparagraph (A).

(D) Federal timber purchased from

Federal lands described in subparagraph (B) pursuant to a contract

entered into between the purchaser

and the Secretary of Agriculture

before the date on which regulations

to carry out this subsection are issued

under section 620f of this title shall be

governed by the regulations of the

Secretary of Agriculture in effect

before such date that restrict the

substitution of unprocessed timber

originating from Federal lands for

exported timber originating from

private lands.

(c) Sourcing areas

(1) In general

The prohibitions contained in subsections (a) and (b) of this section shall not

apply with respect to the acquisition of

unprocessed timber originating from

Federal lands within a sourcing area

west of the 100th meridian in the

contiguous 48 States approved by the

Secretary concerned under this subsection by a person who -
National Forest System Resource Management - Timber Management 311

(A) in the previous 24 months, has not

exported unprocessed timber originating from private lands within the

sourcing area; and

(B) during the period in which such

approval is in effect, does not export

unprocessed timber originating from

private lands within the sourcing area.

The Secretary concerned may waive

the 24-month requirement set forth in

subparagraph (A) for any person who,

within 3 months after August 20, 1990,

certifies that, within 6 months after

August 20, 1990, such person will, for

a period of not less than 3 years,

cease exporting unprocessed timber

originating from private lands within

the sourcing area.

(2) Requirements for application for

sourcing areas for processing facilities

located outside the northwestern private

timber open market area

The Secretaries concerned shall, not

later than 3 months after August 20,

1990, prescribe procedures to be used

by a person applying for approval of a

sourcing area under paragraph (1).

Such procedures shall require, at a

minimum, the applicant to provide

(A) information regarding the location

of private lands (except private land

located in the northwestern private

timber open market area) from which

such person has, within the previous

year, harvested or otherwise acquired

unprocessed timber which has been

exported from the United States; and

(B) information regarding the location

of each timber manufacturing facility

owned or operated by such person

within the proposed sourcing area

boundaries at which the applicant

proposes to process timber originating

from Federal lands.

The prohibition contained in subsection

(a) of this section shall not apply to a

person before the date which is 1 month

after the procedures referred to in this

paragraph are prescribed. With respect

to any person who submits an application in accordance with such procedures

by the end of the time period set forth in

the preceding sentence, the prohibition

contained in subsection (a) of this

section shall not apply to such person

before the date on which the Secretary

concerned approves or disapproves

such application.

(3) Grant of approval for sourcing areas

for processing facilities located outside

of the northwestern private timber open

market area

(A) In general

For each applicant, the Secretary

concerned shall, on the record and

after an opportunity for a hearing, not

later than 4 months after receipt of the

application for a sourcing area, either

approve or disapprove the application.

The Secretary concerned may approve such application only if the

Secretary determines that the area

that is the subject of the application, in

which the timber manufacturing

facilities at which the applicant desires

to process timber originating from

Federal lands are located, is geographically and economically separate
312 National Forest System Resource Management - Timber Management

from any geographic area from which

that person harvests for export any

unprocessed timber originating from

private lands.

(B) For timber manufacturing facilities

located in Idaho

Except as provided in subparagraph

(D), in making a determination referred to in subparagraph (A), the

Secretary concerned shall consider the

private timber export and the private

and Federal timber sourcing patterns

for the applicant’s timber manufacturing facilities, as well as the private and

Federal timber sourcing patterns for

the timber manufacturing facilities of

other persons in the same local vicinity

of the applicant, and the relative

similarity of such private and Federal

timber sourcing patterns.

(C) For timber manufacturing facilities

located in States other than Idaho

Except as provided in subparagraph

(D), in making the determination

referred to in subparagraph (A), the

Secretary concerned shall consider the

private timber export and the Federal

timber sourcing patterns for the

applicant’s timber manufacturing

facilities, as well as the Federal timber

sourcing patterns for the timber

manufacturing facilities of other

persons in the same local vicinity of

the applicant, and the relative similarity

of such Federal timber sourcing

patterns. Private timber sourcing

patterns shall not be a factor in such

determinations in States other than

Idaho.

(D) Area not included

In deciding whether to approve or

disapprove an application, the Secretary shall not -

(i) consider land located in the

northwestern private timber open

market area; or

(ii) condition approval of the application on the inclusion of any such land

in the applicant’s sourcing area, such

land being includable in the sourcing

area only to the extent requested by

the applicant.

(4) Denial of application for sourcing

areas for processing facilities located

outside the northwestern private timber

open market area

(A) Subject to subparagraph (B), and

notwithstanding any other provision of

law, in the 9-month period after

receiving disapproval of an application

submitted pursuant to this subsection,

the applicant may purchase unprocessed timber originating from Federal

lands in the area which is the subject

of the application in an amount not to

exceed 75 percent of the annual

average of such person’s purchases of

unprocessed timber originating from

Federal lands in the same area during

the 5 full fiscal years immediately prior

to submission of the application. In the

subsequent 6-month period, such

person may purchase not more than

25 percent of such annual average,

after which time the prohibitions

contained in subsection (a) of this

section shall fully apply.
National Forest System Resource Management - Timber Management 313

(B) If a person referred to in subparagraph (A) certifies to the Secretary

concerned, within 90 days after

receiving disapproval of such application, that such person shall, within 15

months after such disapproval, cease

the export of unprocessed timber

originating from private lands from the

geographic area determined by the

Secretary for which the application

would have been approved, such

person may continue to purchase

unprocessed timber originating from

Federal lands in the area which is the

subject of the application, without

being subject to the restrictions of

subparagraph (A), except that such

purchases during that 15-month period

may not exceed 125 percent of the

annual average of such person’s

purchases of unprocessed timber

originating from Federal lands in the

same area during the 5 full fiscal years

immediately prior to submission of the

application which was denied.

(C) Any person to whom subparagraph (B) applies may not, during the

15-month period after the person’s

application for sourcing area boundaries is denied, export unprocessed

timber originating from private lands in

the geographic area determined by the

Secretary concerned for which the

application would have been approved

in amounts that exceed 125 percent of

the annual average of such person’s

exports of unprocessed timber from

such private lands during the 5 full

fiscal years immediately prior to

submission of the application.

(5) Review of determinations for

sourcing areas for processing facilities

located outside the northwestern private

timber open market area Determinations made under paragraph (3) shall be

reviewed, in accordance with the

procedures prescribed in sections 620 to

620j of this title, not less often than

every 5 years.

(6) Sourcing areas for processing

facilities located in the northwestern

private timber open market area

(A) Establishment In the northwestern

private timber open market area -

(i) a sourcing area boundary shall be

a circle around the processing

facility of the sourcing area applicant

or holder;

(ii) the radius of the circle -

(I) shall be the furthest distance

that the sourcing area applicant or

holder proposes to haul Federal

timber for processing at the

processing facility; and

(II) shall be determined solely by

the sourcing area applicant or

holder;

(iii) a sourcing area shall become

effective on written notice to the

Regional Forester for Region 6 of

the Forest Service of the location of

the boundary of the sourcing area;

(iv) the 24-month requirement in

paragraph (1)(A) shall not apply;

(v) a sourcing area holder -

(I) may adjust the radius of the

sourcing area not more frequently
314 National Forest System Resource Management - Timber Management

than once every 24 months; and

(II) shall provide written notice to

the Regional Forester for Region 6

of the adjusted boundary of its

sourcing area before using the

adjusted sourcing area; and

(vi) a sourcing area holder that

relinquishes a sourcing area may not

reestablish a sourcing area for that

processing facility before the date

that is 24 months after the date on

which the sourcing area was relinquished.

(B) Transition

With respect to a portion of a sourcing

area established before November 14,

1997, that contains Federal timber

under contract before November 14,

1997, and is outside the boundary of a

new sourcing area established under

subparagraph (A) -

(i) that portion shall continue to be a

sourcing area only until unprocessed

Federal timber from the portion is no

longer in the possession of the

sourcing area holder; and

(ii) unprocessed timber from private

land in that portion shall be exportable immediately after unprocessed

timber from Federal land in the

portion is no longer in the possession

of the sourcing area holder.

(7) Relinquishment and termination of

sourcing areas

(A) In general

A sourcing area may be relinquished

at any time.

(B) Effective date

A relinquishment of a sourcing area

shall be effective as of the date on

which written notice is provided by the

sourcing area holder to the Regional

Forester with jurisdiction over the

sourcing area where the processing

facility of the holder is located.

(C) Exportability

(i) In general

On relinquishment or termination of

a sourcing area, unprocessed timber

from private land within the former

boundary of the relinquished or

terminated sourcing area is exportable immediately after unprocessed

timber from Federal land from within

that area is no longer in the possession of the former sourcing area

holder.

(ii) No restriction

The exportability of unprocessed

timber from private land located

outside of a sourcing area shall not

be restricted or in any way affected

by relinquishment or termination of a

sourcing area.

(d) Domestic transportation and processing of private timber

Nothing in this section restricts or authorizes any restriction on the domestic

transportation or processing of timber

harvested from private land, except that

the Secretary may prohibit processing

facilities located in the State of Idaho that

have sourcing areas from processing

timber harvested from private land
National Forest System Resource Management - Timber Management 315

outside of the boundaries of those sourcing areas. (16 U.S.C. 620b)

Restriction on exports of

unprocessed timber from State and

other public lands

Sec. 491 (a) Order to prohibit export of

unprocessed timber originating from State

or other public lands State or other public

lands

Except as provided in subsection (g) of

this section, the Secretary of Commerce

shall issue orders to prohibit the export

from the United States of unprocessed

timber originating from public lands, as

provided in subsection (b) of this section.

(b) Schedule for determination to prohibit

export of unprocessed timber originating

from State or other public lands

(1) States with annual sales of

400,000,000 board feet or less

With respect to States with annual sales

volumes of 400,000,000 board feet or

less, the Secretary of Commerce shall

issue an order referred to in subsection

(a) of this section to prohibit, notwithstanding any other provision of law, the

export of unprocessed timber originating

from public lands, effective June 1,

1993.

(2) States with annual sales of greater

than 400,000,000 board feet

With respect to any State with an

annual sales volume greater than

400,000,000 board feet, the Secretary of

Commerce shall issue an order referred

to in subsection (a) of this section to

prohibit, notwithstanding any other

provision of law, the export of unprocessed timber originating from public

lands, effective as of November 14,

1997.

(3) Prohibition on substitution

(A) Prohibition

Subject to subparagraph (B), each

order of the Secretary of Commerce

under paragraph (1) or (2) shall also

prohibit, notwithstanding any other

provision of law, any person from

purchasing, directly or indirectly,

unprocessed timber originating from

public lands in a State if -

(i) such unprocessed timber would

be used in substitution for exported

unprocessed timber originating from

private lands in that State; or

(ii) such person has, during the

preceding 24-month period, exported

unprocessed timber originating from

private lands in that State.

(B) Exemption

The prohibitions referred to in subparagraph (A) shall not apply in a

State on or after the date on which -

(i) the Governor of that State

provides the Secretary of Commerce

with notification of a prior program

under subparagraph (C) of subsection (d)(2) of this section,

(ii) the Secretary of Commerce

approves a program of that State

under subparagraph (A) of subsection (d)(2) of this section, or

(iii) regulations of the Secretary of

Commerce issued under subsection
316 National Forest System Resource Management - Timber Management

(c) of this section to carry out this

section take effect, whichever

occurs first.

(4) Report to Congress

Not later than June 1, 1995, the Secretary of Commerce, in conjunction with

the Secretaries of Agriculture and

Interior, shall issue a report to the

Congress on the effects of the reallocation, as a result of the enactment of

sections 620 to 620j of this title, of

public lands timber resources to the

domestic timber processing sector, the

ability of the domestic timber processing

sector to meet domestic demand for

forest products, the volume of transshipment of timber originating from public

lands across State borders, the effectiveness of rules issued and administered by the Secretary of Commerce

pursuant to sections 620 to 620j of this

title and the effectiveness of State

programs authorized under subsection

(d) of this section, and trends in growth

and productivity in the domestic timber

processing sector.

(c) Federal program

(1) Administration by the Secretary of

Commerce

(A) In general

Subject to subparagraph (B), the

Secretary of Commerce shall, as soon

as possible after July 1, 1993 -

(i) determine the species, grades,

and geographic origin of unprocessed timber to be prohibited from

export in each State that is subject to

an order issued under subsection (a)

of this section;

(ii) administer the prohibitions

consistent with sections 620 to 620j

of this title;

(iii) ensure that the species, grades,

and geographic origin of unprocessed timber prohibited from export

within each State is representative of

the species, grades, and geographic

origin of timber comprising the total

timber sales program of the State;

and

(iv) issue such regulations as are

necessary to carry out this section.

(B) Exemption

The actions and regulations of the

Secretary under subparagraph (A)

shall not apply with respect to a State

that is administering and enforcing a

program under subsection (d) of this

section.

(2) Cooperation with other agencies

The Secretary of Commerce is authorized to enter into agreements with

Federal and State agencies with appropriate jurisdiction to assist the Secretary

in carrying out sections 620 to 620j of

this title.

(d) Authorized State programs

(1) Authorization of new State programs

Notwithstanding subsection (c) of this

section, the Governor of any State may

submit a program to the Secretary of

Commerce for approval that -

(A) implements, with respect to

unprocessed timber originating from
National Forest System Resource Management - Timber Management 317

public lands in that State, the prohibition on exports set forth in the

Secretary’s order under subsection (a)

of this section; and

(B) ensures that the species, grades,

and geographic origin of unprocessed

timber prohibited from export within

the State is representative of the

species, grades, and geographic origin

of timber comprising the total timber

sales program of the State.

(2) Approval of State programs

(A) Program approval

Not later than 30 days after the

submission of a program under

paragraph (1), the Secretary of

Commerce shall approve the program

unless the Secretary finds that the

program will result in the export of

unprocessed timber from public lands

in violation of sections 620 to 620j of

this title and publishes that finding in

the Federal Register.

(B) State program in lieu of Federal

program

If the Secretary of Commerce approves a program submitted under

paragraph (1), the Governor of the

State for which the program was

submitted, or such other official of that

State as the Governor may designate,

may administer and enforce the

program, which shall apply in that

State in lieu of the regulations issued

under subsection (c) of this section.

(C) Prior State programs

Not later than 30 days after July 1,

1993, the Governor of any State that

had, before May 4, 1993, issued

regulations under this subsection as in

effect before May 4, 1993, may

provide the Secretary of Commerce

with written notification that the State

has a program that was in effect on

May 3, 1993, and that meets the

requirements of paragraph (1). Upon

such notification, that State may

administer and enforce that program in

that State until the end of the 9-month

period beginning on the date on which

the Secretary of Commerce issues

regulations under subsection (c) of this

section, and that program shall, during

the period in which it is so administered and enforced, apply in that State

in lieu of the regulations issued under

subsection (c) of this section. Such

Governor may submit, with such

notification, the program for approval

by the Secretary under paragraph (1).

(e) Prior contracts

Nothing in this section shall apply to -

(1) any contract for the purchase of

unprocessed timber originating from

public lands that was entered into

before -

(A) September 10, 1990, with respect

to States with annual sales volumes of

400,000,000 board feet or less; or

(B) January 1, 1991, with respect to

States with annual sales volumes

greater than 400,000,000 board feet;

or

(2) any contract under which exports of

unprocessed timber were permitted
318 National Forest System Resource Management - Timber Management

pursuant to an order of the Secretary of

Commerce in effect under this section

before October 23, 1992.

(f) Western red cedar

 Nothing in this section shall be construed

to supersede section 2406(i) of title 50,

Appendix.

(g) Presidential authority

The President is authorized, after suitable

notice and a public comment period of not

less than 120 days, to suspend the provisions of this section if a panel of experts

has reported to the Dispute Settlement

Body of the World Trade Organization (as

the term “World Trade Organization” is

defined in section 3501(8) of title 19), or a

ruling issued under the formal dispute

settlement proceeding provided under any

other trade agreement finds, that the

provisions of this section are in violation

of, or inconsistent with, United States

obligations under that trade agreement.

(h) Removal or modifications of State

restrictions

Based upon a determination that it is in

the national economic interest, the

President may remove or modify any

prohibition on exports from public lands in

a State if that State petitions the President

to remove or modify such prohibition.

(i) Effect of prior Federal law

No provision of Federal law which

imposes requirements with respect to the

generation of revenue from State timberlands and was enacted before August 20,

1990, shall be construed to invalidate,

supersede, or otherwise affect any action

of a State or political subdivision of a

State pursuant to sections 620 to 620j of

this title.

(j) Surplus timber

The prohibitions on exports contained in

orders of the Secretary of Commerce

issued under subsection (a) of this section

shall not apply to specific quantities of

grades and species of unprocessed timber

originating from public lands which the

Secretary concerned determines by rule

to be surplus to the needs of timber

manufacturing facilities in the United

States. Any such determination may, by

rule, be withdrawn by the Secretary

concerned if the Secretary determines

that the affected timber is no longer

surplus to the needs of timber manufacturing facilities in the United States.

(k) Suspension of prohibitions

Notwithstanding any other provision of

this section, beginning on January 1, 1998,

and annually thereafter, if the President

finds, upon review of the purposes and

implementation of sections 620 to 620j of

this title, that the prohibitions on exports

required by subsection (a) of this section

no longer promote the purposes of

sections 620 to 620j of this title, then the

President may suspend such prohibitions,

except that such suspension shall not take

effect until 90 days after the President

notifies the Congress of such finding.

(l) Existing authority not affected

Nothing in sections 620 to 620j of this title

shall be construed to limit the authority of

the President or the United States Trade

Representative to take action authorized
National Forest System Resource Management - Timber Management 319

by law to respond appropriately to any

measures taken by a foreign government

in connection with sections 620 to 620j of

this title. (16 U.S.C. 620c)

Monitoring and enforcement

Sec. 492 (a) Monitoring and reports

In accordance with regulations issued

under this section –

(1) each person who acquires, either

directly or indirectly, unprocessed timber

originating from Federal lands west of

the 100th meridian in the contiguous 48

States shall report the receipt and

disposition of such timber to the Secretary concerned, in such form as such

Secretary may by rule prescribe; except

that nothing in this paragraph shall be

construed to hold any person responsible for the reporting of the disposition

of any such timber held by subsequent

persons;

(2) each person who transfers to

another person unprocessed timber

originating from Federal lands west of

the 100th meridian in the contiguous 48

States shall, before completing such

transfer -

(A) provide to such other person a

written notice, in such form as the

Secretary concerned may prescribe,

which shall identify the Federal origin

of such timber;

(B) receive from such other person a

written acknowledgment of such

notice and a written agreement that

such other person will comply with the

requirements of sections 620 to 620j of

this title, in such form as the Secretary

concerned may prescribe; and

(C) provide to the Secretary concerned copies of all notices, acknowledgments, and agreements referred to

in subparagraphs (A) and (B);

(3) each person who acquires, either

directly or indirectly, unprocessed timber

originating from public lands in a State

that is subject to an order issued by the

Secretary of Commerce under section

620c(a) of this title, other than a State

that is administering and enforcing a

program under section 620c(d) of this

title, shall report the receipt and disposition of the timber to the Secretary of

Commerce, in such form as the Secretary may by rule prescribe, except that

nothing in this paragraph shall be

construed to hold any person responsible for reporting the disposition of any

timber held by subsequent persons; and

(4) each person who transfers to

another person unprocessed timber

originating from public lands in a State

that is subject to an order issued by the

Secretary of Commerce under section

620c(a) of this title, other than a State

that is administering and enforcing a

program under section 620c(d) of this

title, shall, before completing the transfer -

(A) provide to such other person a

written notice, in such form as the

Secretary of Commerce may prescribe, that shall identify the public

lands from which the timber originated; and

(B) receive from such other person -
320 National Forest System Resource Management - Timber Management

(i) a written acknowledgment of the

notice, and

(ii) a written agreement that the

recipient of the timber will comply

with the requirements of sections

620 to 620j of this title, in such form

as the Secretary of Commerce may

prescribe; and

(C) provide to the Secretary of

Commerce copies of all notices,

acknowledgments, and agreements

referred to in subparagraphs (A) and

(B).

(b) Report to Congress

Using the information gathered under

subsection (a) of this section, the Secretaries of Agriculture and Interior shall, not

later than June 1, 1995, submit to the

Congress a report on the disposition of

unprocessed timber harvested from

Federal lands west of the 100th meridian

in the contiguous 48 States, and recommendations concerning the practice of

indirect substitution of such timber for

exported timber harvested from private

lands. Specifically, such report shall –

(1) analyze the effects of indirect

substitution on market efficiency;

(2) analyze the effects of indirect

substitution on domestic log supply;

(3) offer any recommendations that the

Secretaries consider necessary for

specific statutory or regulatory changes

regarding indirect substitution;

(4) provide summaries of the data

collected;

(5) analyze the effects of the provisions

of section 620b(b)(2)(C) of this title;

and

(6) provide such other information as

the Secretaries consider appropriate.

(c) Civil penalties for violation

(1) Exports

(A) If the Secretary concerned finds,

on the record and after an opportunity

for a hearing, that a person, with

willful disregard for the prohibition

contained in sections 620 to 620j of

this title against exporting Federal

timber, exported or caused to be

exported unprocessed timber originating from Federal lands in violation of

sections 620 to 620j of this title, such

Secretary may assess against such

person a civil penalty of not more than

$500,000 for each violation, or 3 times

the gross value of the unprocessed

timber involved in the violation,

whichever amount is greater.

(B) (i) Subject to clause (ii), if the

Secretary of Commerce finds, on the

record and after an opportunity for a

hearing, that a person, with willful

disregard for the restrictions contained

in an order of the Secretary under

section 620c(a) of this title on exports

of unprocessed timber from public

lands, exported or caused to be

exported unprocessed timber originating from public lands in violation of

such order, the Secretary may assess

against such person a civil penalty of

not more than $500,000 for each

violation, or 3 times the gross value of

the unprocessed timber involved in the

violation, whichever amount is greater.
National Forest System Resource Management - Timber Management 321

(ii) Clause (i) shall not apply with

respect to exports of unprocessed

timber originating from public lands

in a State that is administering and

enforcing a program under section

620c(d) of this title.

(2) Other violations

(A) If the Secretary concerned

finds, on the record and after an

opportunity for a hearing, that a

person has violated any provision of

sections 620 to 620j of this title or

any regulation issued under sections

620 to 620j of this title relating to

lands which they administer (notwithstanding that such violation may

not have caused the export of

unprocessed Federal timber in

violation of sections 620 to 620j of

this title), such Secretary may -

(i) assess against such person a civil

penalty of not more than $75,000 for

each violation if the Secretary

determines that the person committed such violation in disregard of

such provision or regulation;

(ii) assess against such person a civil

penalty of not more than $50,000 for

each violation if the Secretary

determines that the person should

have known that the action constituted a violation; or

(iii) assess against such person a

civil penalty of not more than

$500,000 if the Secretary determines

that the person committed such

violation willfully.

(B) (i) Subject to clause (ii), if the

Secretary of Commerce finds, on the

record and after an opportunity for a

hearing, that a person has violated, on

or after June 1, 1993, any provision of

sections 620 to 620j of this title or any

regulation issued under sections 620 to

620j of this title relating to the export

of unprocessed timber originating from

public lands (whether or not the

violation caused the export of unprocessed timber from public lands in

violation of sections 620 to 620j of this

title), the Secretary may assess

against such person a civil penalty to

the same extent as the Secretary

concerned may impose a penalty

under clause (i), (ii), or (iii) of subparagraph (A).

(ii) Clause (i) shall not apply with

respect to unprocessed timber

originating from public lands in a

State that is administering and

enforcing a program under section

620c (d) of this title.

(C) Mitigation of penalties. –

(i) In general. - The Secretary

concerned -

(I) in determining the applicability

of any penalty imposed under this

paragraph, shall take into account

all relevant mitigating factors,

including mistake, inadvertence,

and error; and

(II) based on any mitigating factor,

may, with respect to any penalty

imposed under this paragraph -

(aa) reduce the penalty;

(bb) not impose the penalty; or
322 National Forest System Resource Management - Timber Management

(cc) on condition of there being

no further violation under this

paragraph for a prescribed

period, suspend imposition of the

penalty.

(ii) Contractural remedies. - In the

case of a minor violation of sections

620 to 620j of this title (including a

regulation), the Secretary concerned

shall, to the maximum extent practicable, permit a contracting officer to

redress the violation in accordance

with the applicable timber sale

contract rather than assess a penalty

under this paragraph.

(3) Penalties not exclusive; judicial

review

A penalty assessed under this subsection shall not be exclusive of any other

penalty provided by law and shall be

subject to review in an appropriate

United States district court.

(d) Administrative remedies

(1) Debarment

(A) In general

Subject to subparagraph (B), the head

of the appropriate Federal department

or agency under sections 620 to 620j

of this title may debar any person who

violates sections 620 to 620j of this

title, or any regulation or contract

issued under sections 620 to 620j of

this title, from entering into any

contract for the purchase of unprocessed timber from Federal lands for a

period of not more than 5 years. Such

person shall also be precluded from

taking delivery of Federal timber

purchased by another party for the

period of debarment.

(B) Prerequisites for debarment

(i) In general

No person may be debarred from

bidding for or entering into a contract

for the purchase of unprocessed

timber from Federal lands under

subparagraph (A) unless the head of

the appropriate Federal department

or agency first finds, on the record

and after an opportunity for a

hearing, that debarment is warranted.

(ii) Withholding of awards during

debarment proceedings

The head of an appropriate Federal

department or agency may withhold

an award under sections 620 to 620j

of this title of a contract for the

purchase of unprocessed timber

from Federal lands during a debarment proceeding.

(2) Cancellation of contracts

The head of the appropriate Federal

department or agency under sections

620 to 620j of this title may cancel any

contract entered into with a person

found to have violated sections 620 to

620j of this title or regulations issued

under sections 620 to 620j of this title.

(e) Exception

Subsections (c) and (d) of this section do

not apply to violations of section 620i of

this title. (16 U.S.C. 620d)

Definitions
National Forest System Resource Management - Timber Management 323

Sec. 493 For purposes of sections 620 to

620j of this title:

(1) The term “acquire” means to come

into possession of, whether directly or

indirectly, through a sale, trade, exchange, or other transaction, and the

term “acquisition” means the act of

acquiring.

(2) The term “Federal lands” means

lands that are owned by the United

States, but does not include any lands

the title to which is -

(A) held in trust by the United States

for the benefit of any Indian tribe or

individual,

(B) held by any Indian tribe or individual subject to a restriction by the

United States against alienation, or

(C) held by any Native Corporation as

defined in section 1602 of title 43.

(3) Minor violation. - The term “minor

violation” means a violation, other than

an intentional violation, involving a single

contract, purchase order, processing

facility, or log yard involving a quantity

of logs that is less than 25 logs and has

a total value (at the time of the violation) of less than $10,000.

(4) Northwestern private timber open

market area. - The term “northwestern

private timber open market area”

means the State of Washington.

(5) The term “person” means any

individual, partnership, corporation,

association, or other legal entity and

includes any subsidiary, subcontractor,

or parent company, and business

affiliates where 1 affiliate controls or

has the power to control the other or

when both are controlled directly or

indirectly by a third person.

(6) The term “private lands” means

lands held or owned by a person. Such

term does not include Federal lands or

public lands, or any lands the title to

which is -

(A) held in trust by the United States

for the benefit of any Indian tribe or

individual,

(B) held by any Indian tribe or individual subject to a restriction by the

United States against alienation, or

(C) held by any Native Corporation as

defined in section 1602 of title 43.

(7) The term “public lands” means lands

west of the 100th meridian in the

contiguous 48 States, that are held or

owned by a State or political subdivision

thereof, or any other public agency.

Such term does not include any lands

the title to which is -

(A) held by the United States;

(B) held in trust by the United States

for the benefit of any Indian tribe or

individual,

(C) held by any Indian tribe or individual subject to a restriction by the

United States against alienation, or

(D) held by any Native Corporation as

defined in section 1602 of title 43.

(8) The term “Secretary concerned”

means -

(A) the Secretary of Agriculture, with
324 National Forest System Resource Management - Timber Management

respect to Federal lands administered

by that Secretary; and

(B) the Secretary of the Interior with

respect to Federal lands administered

by that Secretary.

(9) (A) The term “unprocessed timber”

means trees or portions of trees or other

roundwood not processed to standards

and specifications suitable for end

product use.

(B) The term “unprocessed timber”

does not include timber processed into

any one of the following:

(i) Lumber or construction timbers,

except Western Red Cedar, meeting

current American Lumber Standards

Grades or Pacific Lumber Inspection

Bureau Export R or N list grades,

sawn on 4 sides, not intended for

remanufacture.

(ii) Lumber, construction timbers, or

cants for remanufacture, except

Western Red Cedar, meeting current

American Lumber Standards Grades

or Pacific Lumber Inspection

Bureau Export R or N list clear

grades, sawn on 4 sides, not to

exceed 12 inches in thickness.

(iii) Lumber, construction timbers, or

cants for remanufacture, except

Western Red Cedar, that do not

meet the grades referred to in clause

(ii) and are sawn on 4 sides, with

wane less than 1/4 of any face, not

exceeding 8 3/4 inches in thickness.

(iv) Chips, pulp, or pulp products.

(v) Veneer or plywood.

(vi) Poles, posts, or piling cut or

treated with preservatives for use as

such.

(vii) Shakes or shingles.

(viii) Aspen or other pulpwood bolts,

not exceeding 100 inches in length,

exported for processing into pulp.

(ix) Pulp logs, cull logs, and incidental volumes of grade 3 and 4 sawlogs

processed at domestic pulp mills,

domestic chip plants, or other

domestic operations for the primary

purpose of conversion of the logs

into chips, or to the extent that a

small quantity of such logs are

processed, into other products at

domestic processing facilities.

(10) The acquisition of unprocessed

timber from Federal lands west of the

100th meridian in the contiguous 48

States to be used in “substitution” for

exported unprocessed timber originating

from private lands means acquiring

unprocessed timber from such Federal

lands and engaging in exporting, or

selling for export, unprocessed timber

originating from private lands within the

same geographic and economic area.

(11) Violation. - The term “violation”

means a violation of sections 620 to 620j

of this title (including a regulation issued

to implement sections 620 to 620j of this

title) with regard to a course of action,

including -

(A) in the case of a violation by the

original purchaser of unprocessed

timber, an act or omission with respect

to a single timber sale; and
National Forest System Resource Management - Timber Management 325

(B) in the case of a violation of a

subsequent purchaser of the timber, an

act or omission with respect to an

operation at a particular processing

facility or log yard. (16 U.S.C. 620e)

Effective date

Sec. 494 Except as otherwise provided in

this title, the provisions of this title (enacting this section and sections 620a to 620j

of this title and provisions set out as a

note below) take effect on the date of the

enactment of this Act (Aug. 20, 1990).”

(16 U.S.C. 620 note)

Regulations and review

Sec. 495 (a) Regulations

(1) Agriculture and Interior

The Secretaries of Agriculture and

Interior shall, in consultation, each

prescribe new coordinated and consistent regulations to implement sections

620 to 620j of this title on lands which

they administer.

(2) Commerce

The Secretary of Commerce shall

promulgate such rules and guidelines as

may be necessary to carry out sections

620 to 620j of this title.

(3) Deadline

(A) In general. - Except as otherwise

provided in sections 620 to 620j of this

title, regulations and guidelines required under this subsection shall be

issued not later than June 1, 1998.

(B) The regulations and guidelines

issued under sections 620 to 620j of

this title that were in effect prior to

September 8, 1995 shall remain in

effect until new regulations and

guidelines are issued under subparagraph (A).

(4) Painting and branding

(A) In general

The Secretary concerned shall issue

regulations that impose reasonable

painting, branding, or other forms of

marking or tracking requirements on

unprocessed timber if -

(i) the benefits of the requirements

outweigh the cost of complying with

the requirements; and

(ii) the Secretary determines that,

without the requirements, it is likely

that the unprocessed timber -

(I) would be exported in violation

of sections 620 to 620j of this title;

or

(II) if the unprocessed timber

originated from Federal lands,

would be substituted for unprocessed timber originating from

private lands west of the 100th

Meridian in the contiguous 48

States in violation of sections 620

to 620j of this title.

(B) Minimum size

The Secretary concerned shall not

impose painting, branding, or other

forms of marking or tracking requirements on -

(i) the face of a log that is less than

7 inches in diameter; or
326 National Forest System Resource Management - Timber Management

(ii) unprocessed timber that is less

than 8 feet in length or less than 1/3

sound wood.

(C) Waivers

(i) In general

The Secretary concerned may waive

log painting and branding requirements -

(I) for a geographic area, if the

Secretary determines that the risk

of the unprocessed timber being

exported from the area or used in

substitution is low;

(II) with respect to unprocessed

timber originating from private

lands located within an approved

sourcing area for a person who

certifies that the timber will be

processed at a specific domestic

processing facility to the extent that

the processing does occur; or

(III) as part of a log yard agreement that is consistent with the

purposes of the export and substitution restrictions imposed under

sections 620 to 620j of this title.

(ii) Review and termination of

waivers A waiver granted under

clause (i) -

(I) shall, to the maximum extent

practicable, be reviewed once a

year; and

(II) shall remain effective until

terminated by the Secretary.

(D) Factors

In making a determination under this

paragraph, the Secretary concerned

shall consider -

(i) the risk of unprocessed timber of

that species, grade, and size being

exported or used in substitution;

(ii) the location of the unprocessed

timber and the effect of the location

on its being exported or used in

substitution;

(iii) the history of the person involved

with respect to compliance with log

painting and branding requirements;

and

(iv) any other factor that is relevant

to determining the likelihood of the

unprocessed timber being exported

or used in substitution.

(5) Reporting

(A) In general

Subject to subparagraph (B), the

Secretary concerned shall issue

regulations that impose reasonable

documentation and reporting requirements if the benefits of the requirements outweigh the cost of complying

with the requirements.

(B) Waivers

(i) In general

The Secretary concerned may waive

documentation and reporting requirements for a person if -

(I) an audit of the records of the

facility of the person reveals

substantial compliance with all

notice, reporting, painting, and

branding requirements during the
National Forest System Resource Management - Timber Management 327

preceding year; or

(II) the person transferring the

unprocessed timber and the person

processing the unprocessed timber

enter into an advance agreement

with the Secretary concerned

regarding the disposition of the

unprocessed timber by domestic

processing.

(ii) Review and termination of

waivers

A waiver granted under clause (i) -

(I) shall, to the maximum extent

practicable, be reviewed once a

year; and

(II) shall remain effective until

terminated by the Secretary.

(b) Review

The Secretaries of Agriculture and

Interior shall, in consultation, review the

definition of unprocessed timber under

section 620e(7) of this title for purposes

of sections 620 to 620j of this title and, not

later than 18 months after August 20,

1990, submit to the Congress any recommendations they have with respect to

such definition. Specifically, the Secretaries shall report on the effects of maintaining 2 size standards under section

620e(B)(ii) and (iii) of this title.

“620e(7)(B)(ii)”. (16 U.S.C. 620f)

Authorization of appropriations

Sec. 496 There are authorized to be

appropriated such sums as may be

necessary to carry out sections 620 to

620j of this title. (16 U.S.C. 620g)

Savings provision

Sec. 497 Nothing in sections 620 to 620j

of this title, or regulations issued under

sections 620 to 620j of this title, shall be

construed to abrogate or affect any

timber sale contract entered into before

August 20, 1990. (16 U.S.C. 620h)

Eastern hardwoods study

Sec. 498 (a) Study

The Secretary of Commerce, in conjunction with the Secretary of Agriculture and

the Secretary of the Interior, shall conduct

a study of the export from the United

States, during the 2-year period beginning

on January 1, 1991, of unprocessed

hardwood timber harvested from Federal

lands or public lands east of the 100th

meridian. In order to carry out the

provisions of this section -

(1) the Secretary of Commerce shall

require each person exporting such

timber from the United States to

declare, in addition to the information

normally required in the Shipper’s

Export Declarations, the State in which

the timber was grown and harvested;

and

(2) the Secretary of Agriculture and the

Secretary of the Interior shall ensure

that all hardwood saw timber harvested

from Federal lands east of the 100th

meridian is marked in such a manner as

to make it readily identifiable at all times

before its manufacture, and shall take

such steps as each Secretary considers

appropriate to ensure that such markings are not altered or destroyed before
328 National Forest System Resource Management - Timber Management

manufacturing.

(b) Report to Congress

Not later than April 1, 1993, the Secretary

of Commerce shall submit to the Committees on Agriculture, Natural Resources,

and Foreign Affairs of the House of

Representatives and the Committee on

Banking, Housing, and Urban Affairs of

the Senate a report describing the volume

and value of unprocessed timber grown

and harvested from Federal lands or

public lands east of the 100th meridian

that is exported from the United States

during the 2-year period beginning on

January 1, 1991, the country to which

such timber is exported, and the State in

which such timber was grown and

harvested. (16 U.S.C. 620i)

Authority of Export Administration

Act of 1979

Sec. 499 Nothing in sections 620 to 620j

of this title shall be construed to -

(1) prejudice the outcome of pending or

prospective petitions filed under, or

(2) warrant the exercise of the authority

contained in, section 7 of the Export

Administration Act of 1979 (50 App.

U.S.C. 2406) with respect to the export

of unprocessed timber. (16 U.S.C. 620j)
National Forest System Resource Management - Wilderness Management 329

Wilderness Act

September 3, 1964 (Pub. L. 88-577, 78 Stat. 890; 16 U.S.C.

1131 note, 1131, 1132, 1132 note, 1133 to 1136)

Short title

Sec. 1 “This Act may be cited as the

‘Wilderness Act’. (16 U.S.C. 1131 note)

National Wilderness Preservation

System

Sec. 2 (a) Establishment; Congressional

declaration of policy; wilderness areas;

administration for public use and enjoyment, protection, preservation, and

gathering and dissemination of information; provisions for designation as wilderness areas

In order to assure that an increasing

population, accompanied by expanding

settlement and growing mechanization,

does not occupy and modify all areas

within the United States and its possessions, leaving no lands designated for

preservation and protection in their

natural condition, it is hereby declared to

be the policy of the Congress to secure

for the American people of present and

future generations the benefits of an

enduring resource of wilderness. For this

purpose there is hereby established a

National Wilderness Preservation System

to be composed of federally owned areas

designated by Congress as “wilderness

areas”, and these shall be administered

for the use and enjoyment of the American people in such manner as will leave

them unimpaired for future use and

enjoyment as wilderness, and so as to

provide for the protection of these areas,

the preservation of their wilderness

character, and for the gathering and

dissemination of information regarding

their use and enjoyment as wilderness;

and no Federal lands shall be designated

as “wilderness areas” except as provided

for in this chapter or by a subsequent Act.

(b) Management of area included in

System; appropriations

The inclusion of an area in the National

Wilderness Preservation System notwithstanding, the area shall continue to be

managed by the Department and agency

having jurisdiction thereover immediately

before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No

appropriation shall be available for the

payment of expenses or salaries for the

administration of the National Wilderness

Preservation System as a separate unit

nor shall any appropriations be available

for additional personnel stated as being

required solely for the purpose of managing or administering areas solely because

they are included within the National

Wilderness Preservation System.

(c) “Wilderness” defined

A wilderness, in contrast with those areas

where man and his own works dominate

the landscape, is hereby recognized as an

area where the earth and its community

of life are untrammeled by man, where
330 National Forest System Resource Management - Wilderness Management

man himself is a visitor who does not

remain. An area of wilderness is further

defined to mean in this chapter an area of

underdeveloped Federal land retaining its

primeval character and influence, without

permanent improvements or human

habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to

have been affected primarily by the

forces of nature, with the imprint of

man’s work substantially unnoticeable; (2)

has outstanding opportunities for solitude

or a primitive and unconfined type of

recreation; (3) has at least five thousand

acres of land or is of sufficient size as to

make practicable its preservation and use

in an unimpaired condition; and (4) may

also contain ecological, geological, or

other features of scientific, educational,

scenic, or historical value. (16 U.S.C.

1131)

Extent of System 1

Sec. 3 (a) Designation of wilderness

areas; filing of maps and descriptions with

Congressional committees; correction of

errors; public records; availability of

records in regional offices

All areas within the national forests

classified at least 30 days before September 3, 1964 by the Secretary of Agriculture or the Chief of the Forest Service as

“wilderness”, “wild”, or “canoe” are

hereby designated as wilderness areas.

The Secretary of Agriculture shall -

(1) Within one year after September 3,

1964, file a map and legal description of

each wilderness area with the Interior

and Insular Affairs Committees of the

United States Senate and the House of

Representatives, and such descriptions

shall have the same force and effect as

if included in this chapter: Provided,

however, That correction of clerical and

typographical errors in such legal

descriptions and maps may be made.

(2) Maintain, available to the public,

records pertaining to said wilderness

areas, including maps and legal descriptions, copies of regulations governing

them, copies of public notices of, and

reports submitted to Congress regarding

pending additions, eliminations, or

modifications. Maps, legal descriptions,

and regulations pertaining to wilderness

areas within their respective jurisdictions also shall be available to the public

in the offices of regional foresters,

national forest supervisors, and forest

rangers.

(b) Review by Secretary of Agriculture of

classifications as primitive areas; Presidential recommendations to Congress;

approval of Congress; size of primitive

areas; Gore Range-Eagles Nest Primitive

Area, Colorado

The Secretary of Agriculture shall, within

ten years after September 3, 1964,

review, as to its suitability or nonsuitability

for preservation as wilderness, each area

in the national forests classified on

September 3, 1964 by the Secretary of

Agriculture or the Chief of the Forest

Service as “primitive” and report his

findings to the President. The President

shall advise the United States Senate and

House of Representatives of his recommendations with respect to the designa-
National Forest System Resource Management - Wilderness Management 331

tion as “wilderness” or other reclassification of each area on which review has

been completed, together with maps and

a definition of boundaries. Such advice

shall be given with respect to not less

than one-third of all the areas now

classified as “primitive” within three

years after September 3, 1964, not less

than two-thirds within seven years after

September 3, 1964, and the remaining

areas within ten years after September 3,

1964. Each recommendation of the

President for designation as “wilderness”

shall become effective only if so provided

by an Act of Congress. Areas classified

as “primitive” on September 3, 1964 shall

continue to be administered under the

rules and regulations affecting such areas

on September 3, 1964 until Congress has

determined otherwise. Any such area

may be increased in size by the President

at the time he submits his recommendations to the Congress by not more than

five thousand acres with no more than

one thousand two hundred and eighty

acres of such increase in any one compact unit; if it is proposed to increase the

size of any such area by more than five

thousand acres or by more than one

thousand two hundred and eighty acres in

any one compact unit the increase in size

shall not become effective until acted

upon by Congress. Nothing herein

contained shall limit the President in

proposing, as part of his recommendations

to Congress, the alteration of existing

boundaries of primitive areas or recommending the addition of any contiguous

area of national forest lands predominantly of wilderness value. Notwithstanding any other provisions of this chapter,

the Secretary of Agriculture may complete his review and delete such area as

may be necessary, but not to exceed

seven thousand acres, from the southern

tip of the Gore Range-Eagles Nest

Primitive Area, Colorado, if the Secretary

determines that such action is in the

public interest.

(c) Review by Secretary of the Interior of

roadless areas of national park system

and national wildlife refuges and game

ranges and suitability of areas for preservation as wilderness; authority of Secretary of the Interior to maintain roadless

areas in national park system unaffected

Within ten years after September 3, 1964

the Secretary of the Interior shall review

every roadless area of five thousand

contiguous acres or more in the national

parks, monuments and other units of the

national park system and every such area

of, and every roadless island within the

national wildlife refuges and game ranges,

under his jurisdiction on September 3,

1964 and shall report to the President his

recommendation as to the suitability or

nonsuitability of each such area or island

for preservation as wilderness. The

President shall advise the President of the

Senate and the Speaker of the House of

Representatives of his recommendation

with respect to the designation as wilderness of each such area or island on which

review has been completed, together with

a map thereof and a definition of its

boundaries. Such advice shall be given

with respect to not less than one-third of

the areas and islands to be reviewed

under this subsection within three years

after September 3, 1964, not less than
332 National Forest System Resource Management - Wilderness Management

two-thirds within seven years of September 3, 1964 and the remainder within ten

years of September 3, 1964. A recommendation of the President for designation as wilderness shall become effective

only if so provided by an Act of Congress. Nothing contained herein shall, by

implication or otherwise, be construed to

lessen the present statutory authority of

the Secretary of the Interior with respect

to the maintenance of roadless areas

within units of the national park system.

(d) Conditions precedent to administrative

recommendations of suitability of areas

for preservation as wilderness; publication

in Federal Register; public hearings;

views of State, county, and Federal

officials; submission of views to Congress

(1) The Secretary of Agriculture and

the Secretary of the Interior shall, prior

to submitting any recommendations to

the President with respect to the

suitability of any area for preservation

as wilderness -

(A) give such public notice of the

proposed action as they deem appropriate, including publication in the

Federal Register and in a newspaper

having general circulation in the area

or areas in the vicinity of the affected

land;

(B) hold a public hearing or hearings

at a location or locations convenient to

the area affected. The hearings shall

be announced through such means as

the respective Secretaries involved

deem appropriate, including notices in

the Federal Register and in newspapers of general circulation in the area:

Provided, That if the lands involved

are located in more than one State, at

least one hearing shall be held in each

State in which a portion of the land

lies;

(C) at least thirty days before the date

of a hearing advise the Governor of

each State and the governing board of

each county, or in Alaska the borough,

in which the lands are located, and

Federal departments and agencies

concerned, and invite such officials

and Federal agencies to submit their

views on the proposed action at the

hearing or by no later than thirty days

following the date of the hearing.

(2) Any views submitted to the appropriate Secretary under the provisions of

(1) of this subsection with respect to

any area shall be included with any

recommendations to the President and

to Congress with respect to such area.

(e) Modification or adjustment of boundaries; public notice and hearings; administrative and executive recommendations to

Congress; approval of Congress

Any modification or adjustment of

boundaries of any wilderness area shall

be recommended by the appropriate

Secretary after public notice of such

proposal and public hearing or hearings as

provided in subsection (d) of this section.

The proposed modification or adjustment

shall then be recommended with map and

description thereof to the President. The

President shall advise the United States

Senate and the House of Representatives

of his recommendations with respect to

such modification or adjustment and such
National Forest System Resource Management - Wilderness Management 333

recommendations shall become effective

only in the same manner as provided for

in subsections (b) and (c) of this section.

*** (16 U.S.C. 1132)

1

 A complete list of Wilderness areas can

be found at 16 U.S.C. 1132.

Use of wilderness areas

Sec. 4 (a) Purposes of national forests,

national park system, and national wildlife

refuge system; other provisions applicable

to national forests, Superior National

Forest, and national park system

The purposes of this chapter are hereby

declared to be within and supplemental to

the purposes for which national forests

and units of the national park and national

wildlife refuge systems are established

and administered and -

(1) Nothing in this chapter shall be

deemed to be in interference with the

purpose for which national forests are

established as set forth in the Act of

June 4, 1897 (30 Stat. 11), and the

Multiple-Use Sustained-Yield Act of

June 12, 1960 (74 Stat. 215) (16 U.S.C.

528-531).

(2) Nothing in this chapter shall modify

the restrictions and provisions of the

Shipstead-Nolan Act (Public Law 539,

Seventy-first Congress, July 10, 1930;

46 Stat. 1020), the Thye-Blatnik Act

(Public Law 733, Eightieth Congress,

June 22, 1948; 62 Stat. 568), and the

Humphrey-Thye-Blatnik-Andresen Act

(Public Law 607, Eighty-Fourth Congress, June 22, 1956; 70 Stat. 326), as

applying to the Superior National Forest

or the regulations of the Secretary of

Agriculture.

(3) Nothing in this chapter shall modify

the statutory authority under which units

of the national park system are created.

Further, the designation of any area of

any park, monument, or other unit of the

national park system as a wilderness

area pursuant to this chapter shall in no

manner lower the standards evolved for

the use and preservation of such park,

monument, or other unit of the national

park system in accordance with sections 1, 2, 3, and 4 of this title, the

statutory authority under which the area

was created, or any other Act of

Congress which might pertain to or

affect such area, including, but not

limited to, the Act of June 8, 1906 (34

Stat. 225; 16 U.S.C. 432 et seq.);

section 3(2) of the Federal Power Act

(16 U.S.C. 796(2)); and the Act of

August 21, 1935 (49 Stat. 666; 16

U.S.C. 461 et seq.).

(b) Agency responsibility for preservation

and administration to preserve wilderness

character; public purposes of wilderness

areas

Except as otherwise provided in this

chapter, each agency administering any

area designated as wilderness shall be

responsible for preserving the wilderness

character of the area and shall so administer such area for such other purposes

for which it may have been established as

also to preserve its wilderness character.

Except as otherwise provided in this

chapter, wilderness areas shall be devoted

to the public purposes of recreational,
334 National Forest System Resource Management - Wilderness Management

scenic, scientific, educational, conservation, and historical use.

(c) Prohibition provisions: commercial

enterprise, permanent or temporary roads,

mechanical transports, and structures or

installations; exceptions: area administration and personal health and safety

emergencies

Except as specifically provided for in this

chapter, and subject to existing private

rights, there shall be no commercial

enterprise and no permanent road within

any wilderness area designated by this

chapter and, except as necessary to meet

minimum requirements for the administration of the area for the purpose of this

chapter (including measures required in

emergencies involving the health and

safety of persons within the area), there

shall be no temporary road, no use of

motor vehicles, motorized equipment or

motorboats, no landing of aircraft, no

other form of mechanical transport, and

no structure or installation within any such

area.

(d) Special provisions

The following special provisions are

hereby made:

(1) Aircraft or motorboats; fire, insects,

and diseases

Within wilderness areas designated by

this chapter the use of aircraft or

motorboats, where these uses have

already become established, may be

permitted to continue subject to such

restrictions as the Secretary of Agriculture deems desirable. In addition, such

measures may be taken as may be

necessary in the control of fire, insects,

and diseases, subject to such conditions

as the Secretary deems desirable.

(2) Mineral activities, surveys for

mineral value

Nothing in this chapter shall prevent

within national forest wilderness areas

any activity, including prospecting, for

the purpose of gathering information

about mineral or other resources, if such

activity is carried on in a manner

compatible with the preservation of the

wilderness environment. Furthermore, in

accordance with such program as the

Secretary of the Interior shall develop

and conduct in consultation with the

Secretary of Agriculture, such areas

shall be surveyed on a planned, recurring basis consistent with the concept of

wilderness preservation by the United

States Geological Survey and the United

States Bureau of Mines to determine

the mineral values, if any, that may be

present; and the results of such surveys

shall be made available to the public and

submitted to the President and Congress.

(3) Mining and mineral leasing laws;

leases, permits, and licenses; withdrawal of minerals from appropriation

and disposition

Notwithstanding any other provisions of

this chapter, until midnight December

31, 1983, the United States mining laws

and all laws pertaining to mineral leasing

shall, to the same extent as applicable

prior to September 3, 1964, extend to

those national forest lands designated by

this chapter as “wilderness areas”;
National Forest System Resource Management - Wilderness Management 335

subject, however, to such reasonable

regulations governing ingress and egress

as may be prescribed by the Secretary

of Agriculture consistent with the use of

the land for mineral location and development and exploration, drilling, and

production, and use of land for transmission lines, waterlines, telephone lines, or

facilities necessary in exploring, drilling,

producing, mining, and processing

operations, including where essential the

use of mechanized ground or air equipment and restoration as near as practicable of the surface of the land disturbed in performing prospecting,

location, and, in oil and gas leasing,

discovery work, exploration, drilling, and

production, as soon as they have served

their purpose. Mining locations lying

within the boundaries of said wilderness

areas shall be held and used solely for

mining or processing operations and

uses reasonably incident thereto; and

hereafter, subject to valid existing rights,

all patents issued under the mining laws

of the United States affecting national

forest lands designated by this chapter

as wilderness areas shall convey title to

the mineral deposits within the claim,

together with the right to cut and use so

much of the mature timber therefrom as

may be needed in the extraction,

removal, and beneficiation of the

mineral deposits, if needed timber is not

otherwise reasonably available, and if

the timber is cut under sound principles

of forest management as defined by the

national forest rules and regulations, but

each such patent shall reserve to the

United States all title in or to the surface

of the lands and products thereof, and

no use of the surface of the claim or the

resources therefrom not reasonably

required for carrying on mining or

prospecting shall be allowed except as

otherwise expressly provided in this

chapter: Provided, That, unless hereafter specifically authorized, no patent

within wilderness areas designated by

this chapter shall issue after December

31, 1983, except for the valid claims

existing on or before December 31,

1983. Mining claims located after

September 3, 1964, within the boundaries of wilderness areas designated by

this chapter shall create no rights in

excess of those rights which may be

patented under the provisions of this

subsection. Mineral leases, permits, and

licenses covering lands within national

forest wilderness areas designated by

this chapter shall contain such reasonable stipulations as may be prescribed

by the Secretary of Agriculture for the

protection of the wilderness character

of the land consistent with the use of

the land for the purposes for which they

are leased, permitted, or licensed.

Subject to valid rights then existing,

effective January 1, 1984, the minerals

in lands designated by this chapter as

wilderness areas are withdrawn from all

forms of appropriation under the mining

laws and from disposition under all laws

pertaining to mineral leasing and all

amendments thereto.

(4) Water resources, reservoirs, and

other facilities; grazing

Within wilderness areas in the national

forests designated by this chapter, (1)

the President may, within a specific
336 National Forest System Resource Management - Wilderness Management

area and in accordance with such

regulations as he may deem desirable,

authorize prospecting for water resources, the establishment and maintenance of reservoirs, water-conservation

works, power projects, transmission

lines, and other facilities needed in the

public interest, including the road

construction and maintenance essential

to development and use thereof, upon

his determination that such use or uses

in the specific area will better serve the

interests of the United States and the

people thereof than will its denial; and

(2) the grazing of livestock, where

established prior to September 3, 1964,

shall be permitted to continue subject to

such reasonable regulations as are

deemed necessary by the Secretary of

Agriculture.

(5) Commercial services

Commercial services may be performed

within the wilderness areas designated

by this chapter to the extent necessary

for activities which are proper for

realizing the recreational or other

wilderness purposes of the areas.

(6) State water laws exemption

Nothing in this chapter shall constitute

an express or implied claim or denial on

the part of the Federal Government as

to exemption from State water laws.

(7) State jurisdiction of wildlife and fish

in national forests

Nothing in this chapter shall be construed as affecting the jurisdiction or

responsibilities of the several States

with respect to wildlife and fish in the

national forests. (16 U.S.C. 1133)

State and private lands within

wilderness areas 

Sec. 5 (a) Access; exchange of lands;

mineral interests restriction

In any case where State-owned or

privately owned land is completely

surrounded by national forest lands within

areas designated by this chapter as

wilderness, such State or private owner

shall be given such rights as may be

necessary to assure adequate access to

such State-owned or privately owned land

by such State or private owner and their

successors in interest, or the State-owned

land or privately owned land shall be

exchanged for federally owned land in the

same State of approximately equal value

under authorities available to the Secretary of Agriculture: Provided, however,

That the United States shall not transfer

to a State or private owner any mineral

interests unless the State or private owner

relinquishes or causes to be relinquished

to the United States the mineral interest in

the surrounded land.

(b) Customary means for ingress and

egress to wilderness areas subject to

mining claims or other occupancies

In any case where valid mining claims or

other valid occupancies are wholly within

a designated national forest wilderness

area, the Secretary of Agriculture shall,

by reasonable regulations consistent with

the preservation of the area as wilderness, permit ingress and egress to such

surrounded areas by means which have

been or are being customarily enjoyed
National Forest System Resource Management - Wilderness Management 337

with respect to other such areas similarly

situated.

(c) Acquisition of lands

Subject to the appropriation of funds by

Congress, the Secretary of Agriculture is

authorized to acquire privately owned

land within the perimeter of any area

designated by this chapter as wilderness

if (1) the owner concurs in such acquisition or (2) the acquisition is specifically

authorized by Congress. (16 U.S.C. 1134)

Gifts, bequests, and contributions

Sec. 6 (a) Acceptance by Secretary of

Agriculture of land for preservation as

wilderness; regulations

The Secretary of Agriculture may accept

gifts or bequests of land within wilderness

areas designated by this chapter for

preservation as wilderness. The Secretary of Agriculture may also accept gifts

or bequests of land adjacent to wilderness

areas designated by this chapter for

preservation as wilderness if he has given

sixty days advance notice thereof to the

President of the Senate and the Speaker

of the House of Representatives. Land

accepted by the Secretary of Agriculture

under this section shall be come part of

the wilderness area involved. Regulations

with regard to any such land may be in

accordance with such agreements,

consistent with the policy of this chapter,

as are made at the time of such gift, or

such conditions, consistent with such

policy, as may be included in, and accepted with, such bequest.

(b) Authorization to accept private

contributions and gifts

The Secretary of Agriculture or the

Secretary of the Interior is authorized to

accept private contributions and gifts to

be used to further the purposes of this

chapter. (16 U.S.C. 1135)

Annual reports to Congress

Sec. 7 At the opening of each session of

Congress, the Secretaries of Agriculture

and Interior shall jointly report to the

President for transmission to Congress on

the status of the wilderness system,

including a list and descriptions of the

areas in the system, regulations in effect,

and other pertinent information, together

with any recommendations they may care

to make. (16 U.S.C. 1136)
338 National Forest System Resource Management - Wildlife Management

Migratory Bird Treaty Act

July 3, 1918 (Ch. 128, 40 Stat. 755; 16 U.S.C. 710, 703 to 708,

709a, 710 to 711)

 ***

Taking, killing, or possessing

migratory birds unlawful

Sec. 2 Unless and except as permitted by

regulations made as hereinafter provided

in this subchapter, it shall be unlawful at

any time, by any means or in any manner,

to pursue, hunt, take, capture, kill, attempt

to take, capture, or kill, possess, offer for

sale, sell, offer to barter, barter, offer to

purchase, purchase, deliver for shipment,

ship, export, import, cause to be shipped,

exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or

receive for shipment, transportation,

carriage, or export, any migratory bird,

any part, nest, or eggs of any such bird, or

any product, whether or not manufactured, which consists, or is composed in

whole or part, of any such bird or any

part, nest, or egg thereof, included in the

terms of the conventions between the

United States and Great Britain for the

protection of migratory birds concluded

August 16, 1916 (39 Stat. 1702), the

United States and the United Mexican

States for the protection of migratory

birds and game mammals concluded

February 7, 1936, the United States and

the Government of Japan for the protection of migratory birds and birds in danger

of extinction, and their environment

concluded March 4, 1972 1

 and the

convention between the United States

and the Union of Soviet Socialist Republics for the conservation of migratory

birds and their environments concluded

November 19, 1976. (16 U.S.C. 703)

1

 So in original. Probably should be

followed by a comma.

Determination as to when and how

migratory birds may be taken, killed,

or possessed

Sec. 3 (a) Subject to the provisions and in

order to carry out the purposes of the

conventions, referred to in section 703 of

this title, the Secretary of the Interior is

authorized and directed, from time to

time, having due regard to the zones of

temperature and to the distribution,

abundance, economic value, breeding

habits, and times and lines of migratory

flight of such birds, to determine when, to

what extent, if at all, and by what means,

it is compatible with the terms of the

conventions to allow hunting, taking,

capture, killing, possession, sale, purchase,

shipment, transportation, carriage, or

export of any such bird, or any part, nest,

or egg thereof, and to adopt suitable

regulations permitting and governing the

same, in accordance with such determinations, which regulations shall become

effective when approved by the President.

(b) It shall be unlawful for any person to –
National Forest System Resource Management - Wildlife Management 339

(1) take any migratory game bird by the

aid of baiting, or on or over any baited

area, if the person knows or reasonably

should know that the area is a baited

area; or

(2) place or direct the placement of bait

on or adjacent to an area for the

purpose of causing, inducing, or allowing

any person to take or attempt to take

any migratory game bird by the aid of

baiting on or over the baited area. (16

U.S.C. 704)

Transportation or importation of

migratory birds; when unlawful

Sec. 4 It shall be unlawful to ship,

transport, or carry, by any means whatever, from one State, Territory, or district

to or through another State, Territory, or

district, or to or through a foreign country,

any bird, or any part, nest, or egg thereof,

captured, killed, taken, shipped, transported, or carried at any time contrary to

the laws of the State, Territory, or district

in which it was captured, killed, or taken,

or from which it was shipped, transported,

or carried. It shall be unlawful to import

any bird, or any part, nest, or egg thereof,

captured, killed, taken, shipped, transported, or carried contrary to the laws of

any Province of the Dominion of Canada

in which the same was captured, killed, or

taken, or from which it was shipped,

transported, or carried. (16 U.S.C. 705)

Arrests; search warrants

Sec. 5 Any employee of the Department

of the Interior authorized by the Secretary

of the Interior to enforce the provisions of

this subchapter shall have power, without

warrant, to arrest any person committing

a violation of this subchapter in his

presence or view and to take such person

immediately for examination or trial

before an officer or court of competent

jurisdiction; shall have power to execute

any warrant or other process issued by an

officer or court of competent jurisdiction

for the enforcement of the provisions of

this subchapter; and shall have authority,

with a search warrant, to search any

place. The several judges of the courts

established under the laws of the United

States, and United States magistrate

judges may, within their respective

jurisdictions, upon proper oath or affirmation showing probable cause, issue

warrants in all such cases. All birds, or

parts, nests, or eggs thereof, captured,

killed, taken, sold or offered for sale,

bartered or offered for barter, purchased,

shipped, transported, carried, imported,

exported, or possessed contrary to the

provisions of this subchapter or of any

regulation prescribed thereunder shall,

when found, be seized and, upon conviction of the offender or upon judgment of a

court of the United States that the same

were captured, killed, taken, sold or

offered for sale, bartered or offered for

barter, purchased, shipped, transported,

carried, imported, exported, or possessed

contrary to the provisions of this subchapter or of any regulation prescribed

thereunder, shall be forfeited to the

United States and disposed of by the

Secretary of the Interior in such manner

as he deems appropriate. (16 U.S.C. 706)

Violations and penalties; forfeitures
340 National Forest System Resource Management - Wildlife Management

Sec. 6 (a) Except as otherwise provided

in this section, any person, association,

partnership, or corporation who shall

violate any provisions of said conventions

or of this subchapter, or who shall violate

or fail to comply with any regulation made

pursuant to this subchapter shall be

deemed guilty of a misdemeanor and

upon conviction thereof shall be fined not

more than $15,000 or be imprisoned not

more than six months, or both.

(b) Whoever, in violation of this subchapter, shall knowingly –

(1) take by any manner whatsoever any

migratory bird with intent to sell, offer to

sell, barter or offer to barter such bird,

or

(2) sell, offer for sale, barter or offer to

barter, any migratory bird shall be guilty

of a felony and shall be fined not more

than $2,000 or imprisoned not more than

two years, or both.

(c) Whoever violates section 704(b)(2) of

this title shall be fined under title 18,

imprisoned not more than 1 year, or both.

(d) All guns, traps, nets and other equipment, vessels, vehicles, and other means

of transportation used by any person

when engaged in pursuing, hunting, taking,

trapping, ensnaring, capturing, killing, or

attempting to take, capture, or kill any

migratory bird in violation of this subchapter with the intent to offer for sale, or sell,

or offer for barter, or barter such bird in

violation of this subchapter shall be

forfeited to the United States and may be

seized and held pending the prosecution

of any person arrested for violating this

subchapter and upon conviction for such

violation, such forfeiture shall be adjudicated as a penalty in addition to any other

provided for violation of this subchapter.

Such forfeited property shall be disposed

of and accounted for by, and under the

authority of, the Secretary of the Interior.

(16 U.S.C. 707)

State or Territorial laws or

regulations

Sec. 7 States and Territories from making

or enforcing laws or regulations not

inconsistent with the provisions of said

conventions or of this subchapter, or from

making or enforcing laws or regulations

which shall give further protection to

migratory birds, their nests, and eggs, if

such laws or regulations do not extend the

open seasons for such birds beyond the

dates approved by the President in

accordance with section 704 of this title.

(16 U.S.C. 708)

Authorization of appropriations

Sec. 9 There is hereby authorized to be

appropriated, from time to time, out of

any money in the Treasury not otherwise

appropriated, such amounts as may be

necessary to carry out the provisions and

to accomplish the purposes of said

conventions and of this subchapter and

regulations made pursuant thereto, and

the Secretary of the Interior is authorized

out of such moneys to employ in the city

of Washington and elsewhere such

persons and means as he may deem

necessary for such purpose and may

cooperate with local authorities in the

protection of migratory birds and make

the necessary investigations connected
National Forest System Resource Management - Wildlife Management 341

therewith. (16 U.S.C. 709a)

Partial invalidity; short title

Sec. 10 If any clause, sentence, paragraph, or part of this subchapter, which

shall be known by the short title of the

“Migratory Bird Treaty Act”, shall, for

any reason, be adjudged by any court of

competent jurisdiction to be invalid, such

judgment shall not affect, impair, or

invalidate the remainder thereof, but shall

be confined in its operation to the clause,

sentence, paragraph, or part thereof

directly involved in the controversy in

which such judgment shall have been

rendered. (16 U.S.C. 710)

Breeding and sale for food supply

Sec. 12 Nothing in this subchapter shall

be construed to prevent the breeding of

migratory game birds on farms and

preserves and the sale of birds so bred

under proper regulation for the purpose of

increasing the food supply. (16 U.S.C.

711)
342 National Forest System Resource Management - Wildlife Management

Migratory Bird Conservation Act

February 18, 1929 (Ch 257, 45 Stat. 1222; 16 U.S.C. 715,

715a to 715k, 715n to 715r)

Short title

Sec. 1 This subchapter shall be known by

the short title of “Migratory Bird Conservation Act.’ (16 U.S.C. 715)

Migratory Bird Conservation

Commission; creation; composition;

duties; approval of areas of land and

water recommended for purchase or

rental

Sec. 2 A commission to be known as the

Migratory Bird Conservation Commission,

consisting of the Secretary of the Interior,

as chairman, the Administrator of the

Environmental Protection Agency, the

Secretary of Agriculture and two Members of the Senate, to be selected by the

President of the Senate, and two Members of the House of Representatives to

be selected by the Speaker, is created and

authorized to consider and pass upon any

area of land, water, or land and water that

may be recommended by the Secretary

of the Interior for purchase or rental

under this subchapter, and to fix the price

or prices at which such area may be

purchased or rented; and no purchase or

rental shall be made of any such area

until it has been duly approved for purchase or rental by said commission. Any

Member of the House of Representatives

who is a member of the commission, if

reelected to the succeeding Congress,

may serve on the commission notwithstanding the expiration of a Congress.

Any vacancy on the commission shall be

filled in the same manner as the original

appointment. The ranking officer of the

branch or department of a State to which

is committed the administration of its

game laws, or his authorized representative, and in a State having no such branch

or department, the governor thereof, or

his authorized representative, shall be a

member ex officio of said commission for

the purpose of considering and voting on

all questions relating to the acquisition,

under this subchapter, of areas in his

State. For purposes of this subchapter, the

purchase or rental of any area of land,

water, or land and water includes the

purchase or rental of any interest in any

such area of land, water, or land and

water. (16 U.S.C. 715a)

Areas recommended for approval;

character

Sec. 4 The Secretary of the Interior may

not recommend any area for purchase or

rental under the terms of this subchapter

unless the Secretary of the Interior -

(1) has determined that such area is

necessary for the conservation of

migratory birds; and

(2) has consulted with the county or

other unit of local government in which

such area is located and with the

Governor of the State concerned or the

appropriate State agency. (16 U.S.C.

715c)
National Forest System Resource Management - Wildlife Management 343

Purchase or rental of approved areas

or interests therein; gifts and

devises; United States lands

Sec. 5 The Secretary of the Interior may

-

(1) purchase or rent such areas or

interests therein as have been approved

for purchase or rental by the Commission at the price or prices fixed by the

Commission; and

(2) acquire, by gift or devise, any area

or interests therein; which he determines to be suitable for use as an

inviolate sanctuary, or for any other

management purpose, for migratory

birds. The Secretary may pay, when

deemed necessary by him and from

moneys authorized to be appropriated

for the purposes of this subchapter (A)

the purchase or rental price of any such

area or interest therein, and (B) the

expenses incident to the location,

examination, survey, and acquisition of

title (including options) of any such area

or interest therein. No lands acquired,

held, or used by the United States for

military purposes shall be subject to any

provisions of this subchapter. (16

U.S.C. 715d)

Examination of title; easements and

reservations

Sec. 6 The Secretary of the Interior may

do all things and make all expenditures

necessary to secure the safe title in the

United States to the areas which may be

acquired under this subchapter, but no

payment shall be made for any such

areas until the title thereto shall be

satisfactory to the Attorney General or his

designee, but the acquisition of such areas

by the United States shall in no case be

defeated because of rights-of-way,

easements, and reservations which from

their nature will in the opinion of the

Secretary of the Interior in no manner

interfere with the use of the areas so

encumbered for the purposes of this

subchapter, but such rights-of-way,

easements, and reservations retained by

the grantor or lessor from whom the

United States receives title under this

subchapter or any other Act for the

acquisition by the Secretary of the

Interior of areas for wildlife refuges shall

be subject to rules and regulations prescribed by the Secretary of the Interior

for the occupation, use, operation, protection, and administration of such areas as

inviolate sanctuaries for migratory birds

or as refuges for wildlife; and it shall be

expressed in the deed or lease that the

use, occupation, and operation of such

rights-of-way, easements, and reservations shall be subordinate to and subject to

such rules and regulations as are set out

in such deed or lease or, if deemed

necessary by the Secretary of the Interior, to such rules and regulations as may

be prescribed by him from time to time.

(16 U.S.C. 715e)

Consent of State to conveyance in

fee

Sec. 7 No deed or instrument of conveyance in fee shall be accepted by the

Secretary of the Interior under this

subchapter unless the State in which the

area lies shall have consented by law to
344 National Forest System Resource Management - Wildlife Management

the acquisition by the United States of

lands in that State. (16 U.S.C. 715f)

Jurisdiction of State over areas

acquired

Sec. 8 The jurisdiction of the State, both

civil and criminal, over persons upon

areas acquired under this subchapter shall

not be affected or changed by reason of

their acquisition and administration by the

United States as migratory-bird reservations, except so far as the punishment of

offenses against the United States is

concerned. (16 U.S.C. 715g)

Operation of State game laws

Sec. 9 Nothing in this subchapter is

intended to interfere with the operation of

the game laws of the several States

applying to migratory game birds insofar

as they do not permit what is forbidden by

Federal law. (16 U.S.C. 715h)

Administration

Sec. 10 (a) Treaty obligations; rules and

regulations

Areas of lands, waters, or interests

therein acquired or reserved pursuant to

this subchapter shall, unless otherwise

provided by law, be administered by the

Secretary of the Interior under rules and

regulations prescribed by him to conserve

and protect migratory birds in accordance

with treaty obligations with Mexico,

Canada, Japan, and the Union of Soviet

Socialist Republics, and other species of

wildlife found thereon, including species

that are listed pursuant to section 1533 of

this title as endangered species or threatened species, and to restore or develop

adequate wildlife habitat.

(b) Management and public and private

agency agreements authorization

In administering such areas, the Secretary

is authorized to manage timber, range, and

agricultural crops; to manage other

species of animals, including but not

limited to fenced range animals, with the

objectives of perpetuating, distributing,

and utilizing the resources; and to enter

into agreements with public and private

agencies. (16 U.S.C. 715i)

“Migratory birds” defined

Sec. 11 For the purposes of this subchapter and the Migratory Bird Treaty Act (16

U.S.C. 703 et seq.), migratory birds are

those defined as such by the treaty

between the United States and Great

Britain for the protection of migratory

birds concluded August 16, 1916 (39 Stat.

1702), the treaty between the United

States and the United Mexican States for

the protection of migratory birds and

game mammals concluded February 7,

1936 (50 Stat. 1311), the Convention

between the Government of the United

States of America and the Government of

Japan for the Protection of Migratory

Birds and Birds in Danger of Extinction,

and their Environment concluded March

4, 1972, and the Convention between the

United States and the Union of Soviet

Socialist Republics for the Conservation

of Migratory Birds and their Environment

concluded November 19, 1976. (16

U.S.C. 715j)

Authorization of appropriations for
National Forest System Resource Management - Wildlife Management 345

purposes of subchapter; disposal;

reservation protectors

Sec. 12 For the acquisition, including the

location, examination, and survey, of

suitable areas of land, water, or land and

water, for use as migratory bird reservations, and necessary expenses incident

thereto, and for the administration,

maintenance, and development of such

areas and other preserves, reservations,

or breeding grounds frequented by

migratory birds and under the administration of the Secretary of the Interior,

including the construction of dams, dikes,

ditches, flumes, spillways, buildings, and

other necessary improvements, and for

the elimination of the loss of migratory

birds from alkali poisoning, oil pollution of

waters, or other causes, for cooperation

with local authorities in wildlife conservation, for investigations and publications

relating to North American birds, for

personal services, printing, engraving, and

issuance of circulars, posters, and other

necessary matter and for the enforcement of the provisions of this subchapter,

there are hereby authorized to be appropriated, in addition to all other amounts

authorized by law to be appropriated,

$200,000 for the fiscal year ending June

30, 1940, and for each fiscal year thereafter. No part of any appropriation authorized by this section shall be used for

payment of the salary, compensation, or

expenses of any United States protector,

except reservation protectors for the

administration, maintenance and protection of such reservations and the birds

thereon: Provided, That reservation

protectors appointed under the provisions

of this subchapter, shall be selected, when

practicable, from qualified citizens of the

State in which they are to be employed.

The Secretary of the Interior is authorized

and directed to make such expenditures

and to employ such means, including

personal services in the District of

Columbia and elsewhere, as may be

necessary to carry out the foregoing

objects. (16 U.S.C. 715k)

“Take” defined

Sec. 15 For the purposes of this subchapter the word “take” shall be construed to

mean pursue, hunt, shoot, capture, collect,

kill, or attempt to pursue, hunt, shoot,

capture, collect, or kill, unless the context

otherwise requires. (16 U.S.C. 715n)

National forest and power sites; use

for migratory bird reservations

Sec. 16 Nothing in this subchapter shall

be construed as authorizing or empowering the Migratory Bird Conservation

Commission herein created, the Secretary

of the Interior, or any other board, commission, or officer, to declare, withdraw,

or determine, except heretofore designated, any part of any national forest or

power site, a migratory bird reservation

under any of the provisions of this subchapter, except by and with the consent

of the legislature of the State wherein

such forest or power site is located. (16

U.S.C. 715o)

Cooperation of State in enforcement

of provisions

Sec. 17 When any State shall, by suitable

legislation, make provision adequately to
346 National Forest System Resource Management - Wildlife Management

enforce the provisions of this subchapter

and all regulations promulgated thereunder, the Secretary of the Interior may so

certify, and then and thereafter said State

may cooperate with the Secretary of the

Interior in the enforcement of this subchapter and the regulations thereunder.

(16 U.S.C. 715p)

Expenses of commission;

authorization of appropriations

Sec. 18 A sum sufficient to pay the

necessary expenses of the commission

and its members, not to exceed an annual

expenditure of $7,500, is authorized to be

appropriated out of any money in the

Treasury not otherwise appropriated. Said

appropriation shall be paid out on the audit

and order of the chairman of said commission, which audit and order shall be

conclusive and binding upon the General

Accounting Office as to the correctness

of the accounts of said commission. (16

U.S.C. 715q)

Partial invalidity; validity of

remainder

Sec. 19 If any provision of this subchapter or the application thereof to any

person or circumstance 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. (16 U.S.C.

715r)
National Forest System Resource Management - Wildlife Management 347

Bald and Golden Eagle Protection Act

June 8, 1940 (Ch. 278, 54 Stat. 250; 16 U.S.C. 668, 668a to

668d)

Bald and golden eagles

Sec. 1 (a) Prohibited acts; criminal

penalties

Whoever, within the United States or any

place subject to the jurisdiction thereof,

without being permitted to do so as

provided in this subchapter, shall knowingly, or with wanton disregard for the

consequences of his act take, possess,

sell, purchase, barter, offer to sell, purchase or barter, transport, export or

import, at any time or in any manner any

bald eagle commonly known as the

American eagle or any golden eagle, alive

or dead, or any part, nest, or egg thereof

of the foregoing eagles, or whoever

violates any permit or regulation issued

pursuant to this subchapter, shall be fined

not more than $5,000 or imprisoned not

more than one year or both: Provided,

That in the case of a second or subsequent conviction for a violation of this

section committed after October 23, 1972,

such person shall be fined not more than

$10,000 or imprisoned not more than two

years, or both: Provided further, That the

commission of each taking or other act

prohibited by this section with respect to a

bald or golden eagle shall constitute a

separate violation of this section: Provided

further, That one-half of any such fine,

but not to exceed $2,500, shall be paid to

the person or persons giving information

which leads to conviction: Provided

further, That nothing herein shall be

construed to prohibit possession or

transportation of any bald eagle, alive or

dead, or any part, nest, or egg thereof,

lawfully taken prior to June 8, 1940, and

that nothing herein shall be construed to

prohibit possession or transportation of

any golden eagle, alive or dead, or any

part, nest, or egg thereof, lawfully taken

prior to the addition to this subchapter of

the provisions relating to preservation of

the golden eagle.

(b) Civil penalties

Whoever, within the United States or any

place subject to the jurisdiction thereof,

without being permitted to do so as

provided in this subchapter, shall take,

possess, sell, purchase, barter, offer to

sell, purchase or barter, transport, export

or import, at any time or in any manner,

any bald eagle, commonly known as the

American eagle, or any golden eagle,

alive or dead, or any part, nest, or egg

thereof of the foregoing eagles, or

whoever violates any permit or regulation

issued pursuant to this subchapter, may be

assessed a civil penalty by the Secretary

of not more than $5,000 for each such

violation. Each violation shall be a separate offense. No penalty shall be assessed unless such person is given notice

and opportunity for a hearing with respect

to such violation. In determining the

amount of the penalty, the gravity of the

violation, and the demonstrated good faith

of the person charged shall be considered
348 National Forest System Resource Management - Wildlife Management

by the Secretary. For good cause shown,

the Secretary may remit or mitigate any

such penalty. Upon any failure to pay the

penalty assessed under this section, the

Secretary may request the Attorney

General to institute a civil action in a

district court of the United States for any

district in which such person is found or

resides or transacts business to collect the

penalty and such court shall have jurisdiction to hear and decide any such action.

In hearing any such action, the court must

sustain the Secretary’s action if supported

by substantial evidence.

(c) Cancellation of grazing agreements

The head of any Federal agency who has

issued a lease, license, permit, or other

agreement authorizing the grazing of

domestic livestock on Federal lands to

any person who is convicted of a violation

of this subchapter or of any permit or

regulation issued hereunder may immediately cancel each such lease, license,

permit, or other agreement. The United

States shall not be liable for the payment

of any compensation, reimbursement, or

damages in connection with the cancellation of any lease, license, permit, or other

agreement pursuant to this section. (16

U.S.C. 668)

Taking and using of the bald and

golden eagle for scientific,

exhibition, and religious purposes

Sec. 2 Whenever, after investigation, the

Secretary of the Interior shall determine

that it is compatible with the preservation

of the bald eagle or the golden eagle to

permit the taking, possession, and transportation of specimens thereof for the

scientific or exhibition purposes of public

museums, scientific societies, and zoological parks, or for the religious purposes of

Indian tribes, or that it is necessary to

permit the taking of such eagles for the

protection of wildlife or of agricultural or

other interests in any particular locality, he

may authorize the taking of such eagles

pursuant to regulations which he is hereby

authorized to prescribe: Provided, That on

request of the Governor of any State, the

Secretary of the Interior shall authorize

the taking of golden eagles for the

purpose of seasonally protecting domesticated flocks and herds in such State, in

accordance with regulations established

under the provisions of this section, in

such part or parts of such State and for

such periods as the Secretary determines

to be necessary to protect such interests:

Provided further, That bald eagles may

not be taken for any purpose unless, prior

to such taking, a permit to do so is

procured from the Secretary of the

Interior: Provided further, That the

Secretary of the Interior, pursuant to such

regulations as he may prescribe, may

permit the taking, possession, and transportation of golden eagles for the purposes of falconry, except that only golden

eagles which would be taken because of

depredations on livestock or wildlife may

be taken for purposes of falconry: Provided further, That the Secretary of the

Interior, pursuant to such regulations as

he may prescribe, may permit the taking

of golden eagle nests which interfere with

resource development or recovery

operations. (16 U.S.C. 668a)

Enforcement provisions
National Forest System Resource Management - Wildlife Management 349

Sec. 3 (a) Arrest; search; issuance and

execution of warrants and process

Any employee of the Department of the

Interior authorized by the Secretary of the

Interior to enforce the provisions of this

subchapter may, without warrant, arrest

any person committing in his presence or

view a violation of this subchapter or of

any permit or regulations issued hereunder and take such person immediately for

examination or trial before an officer or

court of competent jurisdiction; may

execute any warrant or other process

issued by an officer or court of competent

jurisdiction for the enforcement of the

provisions of this subchapter; and may,

with or without a warrant, as authorized

by law, search any place. The Secretary

of the Interior is authorized to enter into

cooperative agreements with State fish

and wildlife agencies or other appropriate

State authorities to facilitate enforcement

of this subchapter, and by said agreements to delegate such enforcement

authority to State law enforcement

personnel as he deems appropriate for

effective enforcement of this subchapter.

Any judge of any court established under

the laws of the United States, and any

United States magistrate judge may,

within his respective jurisdiction, upon

proper oath or affirmation showing

probable cause, issue warrants in all such

cases.

(b) Forfeiture

All bald or golden eagles, or parts, nests,

or eggs thereof, taken, possessed, sold,

purchased, bartered, offered for sale,

purchase, or barter, transported, exported,

or imported contrary to the provisions of

this subchapter, or of any permit or

regulation issued hereunder, and all guns,

traps, nets, and other equipment, vessels,

vehicles, aircraft, and other means of

transportation used to aid in the taking,

possessing, selling, purchasing, bartering,

offering for sale, purchase, or barter,

transporting, exporting, or importing of

any bird, or part, nest, or egg thereof, in

violation of this subchapter or of any

permit or regulation issued hereunder

shall be subject to forfeiture to the United

States.

(c) Customs laws applied

All provisions of law relating to the

seizure, forfeiture, and condemnation of a

vessel for violation of the customs laws,

the disposition of such vessel or the

proceeds from the sale thereof, and the

remission or mitigation of such forfeitures,

shall apply to the seizures and forfeitures

incurred, or alleged to have been incurred,

under the provisions of this subchapter,

insofar as such provisions of law are

applicable and not inconsistent with the

provisions of this subchapter: Provided,

That all powers, rights, and duties conferred or imposed by the customs laws

upon any officer or employee of the

Treasury Department shall, for the

purposes of this subchapter, be exercised

or performed by the Secretary of the

Interior or by such persons as he may

designate. (16 U.S.C. 668b)

Definitions

Sec. 4 As used in this subchapter “whoever” includes also associations, partnerships, and corporations; “take” includes
350 National Forest System Resource Management - Wildlife Management

also pursue, shoot, shoot at, poison,

wound, kill, capture, trap, collect, molest

or disturb; “transport” includes also ship,

convey, carry, or transport by any means

whatever, and deliver or receive or cause

to be delivered or received for such

shipment, conveyance, carriage or

transportation. (16 U.S.C. 668c)

Availability of appropriations for

Migratory Bird Treaty Act

Sec. 5 Moneys now or hereafter available to the Secretary of the Interior for

the administration and enforcement of the

Migratory Bird Treaty Act of July 3, 1918

(16 U.S.C. 703 et seq.), shall be equally

available for the administration and

enforcement of this subchapter. (16

U.S.C. 668d)
National Forest System Resource Management - Wildlife Management 351

Sikes Improvement Act of 1997

September 15, 1960, (Pub. L. 86-797, 74 Stat. 1052; 16 U.S.C.

670 note, 670a to 670m, 670o)

***

Wildlife, fish, and game conservation

and rehabilitation programs;

cooperation between Secretary of

the Interior, Secretary of

Agriculture, and State agencies in

planning, etc., in accordance with

comprehensive plans; scope and

implementation of programs

Sec. 201 (a) Conservation and rehabilitation programs

The Secretary of the Interior and the

Secretary of Agriculture shall each, in

cooperation with the State agencies and

in accordance with comprehensive plans

developed pursuant to section 670h of this

title, plan, develop, maintain, and coordinate programs for the conservation and

rehabilitation of wildlife, fish, and game.

Such conservation and rehabilitation

programs shall include, but not be limited

to, specific habitat improvement projects

and related activities and adequate

protection for species of fish, wildlife, and

plants considered threatened or endangered.

(b) Implementation of programs

The Secretary of the Interior shall

implement the conservation and rehabilitation programs required under subsection

(a) of this section on public land under his

jurisdiction. The Secretary of the Interior

shall adopt, modify, and implement the

conservation and rehabilitation programs

required under subsection (a) of this

section on public land under the jurisdiction of the Chairman, but only with the

prior written approval of the Atomic

Energy Commission, and on public land

under the jurisdiction of the Administrator,

but only with the prior written approval of

the Administrator. The Secretary of

Agriculture shall implement such conservation and rehabilitation programs on

public land under his jurisdiction. (16

U.S.C. 670g)

Comprehensive plans for

conservation and rehabilitation

programs

Sec. 202. (a) Development by Secretary

of the Interior and Secretary of Agriculture; consultation with State agencies;

prior written approval of concerned

Federal agencies

(1) The Secretary of the Interior shall

develop, in consultation with the State

agencies, a comprehensive plan for

conservation and rehabilitation programs

to be implemented on public land under

his jurisdiction and the Secretary of

Agriculture shall do the same in connection with public land under his jurisdiction.

(2) The Secretary of the Interior shall

develop, with the prior written approval

of the Atomic Energy Commission, a
352 National Forest System Resource Management - Wildlife Management

comprehensive plan for conservation

and rehabilitation programs to be

implemented on public land under the

jurisdiction of the Chairman and develop, with the prior written approval of

the Administrator, a comprehensive plan

for such programs to be implemented on

public land under the jurisdiction of the

Administrator. Each such plan shall be

developed after the Secretary of the

Interior makes, with the prior written

approval of the Chairman or the Administrator, as the case may be, and in

consultation with the State agencies,

necessary studies and surveys of the

land concerned to determine where

conservation and rehabilitation programs

are most needed.

(b) Development consistent with overall

land use and management plans; hunting,

trapping, and fishing authorized in accordance with applicable State laws and

regulations

Each comprehensive plan developed

pursuant to this section shall be consistent

with any overall land use and management plans for the lands involved. In any

case in which hunting, trapping, or fishing

(or any combination thereof) of resident

fish and wildlife is to be permitted on

public land under a comprehensive plan,

such hunting, trapping, and fishing shall be

conducted in accordance with applicable

laws and regulations of the State in which

such land is located.

(c) Cooperative agreements by State

agencies for implementation of programs;

modifications; contents; hunting, trapping

and fishing authorized in accordance with

applicable State laws and regulations;

regulations

(1) Each State agency may enter into a

cooperative agreement with

(A) the Secretary of the Interior with

respect to those conservation and

rehabilitation programs to be implemented under this subchapter within

the State on public land which is under

his jurisdiction;

(B) the Secretary of Agriculture with

respect to those conservation and

rehabilitation programs to be implemented under this subchapter within

the State on public land which is under

his jurisdiction; and

(C) the Secretary of the Interior and

the Chairman or the Administrator, as

the case may be, with respect to those

conservation and rehabilitation programs to be implemented under this

subchapter within the State on public

land under the jurisdiction of the

Chairman or the Administrator; except

that before entering into any cooperative agreement which affects public

land under the jurisdiction of the

Chairman, the Secretary of the

Interior shall obtain the prior written

approval of the Atomic Energy

Commission and before entering into

any cooperative agreement which

affects public lands under the jurisdiction of the Administrator, the Secretary

of the Interior shall obtain the prior

written approval of the Administrator.

Conservation and rehabilitation programs developed and implemented

pursuant to this subchapter shall be
National Forest System Resource Management - Wildlife Management 353

deemed as supplemental to wildlife, fish,

and game-related programs conducted

by the Secretary of the Interior and the

Secretary of Agriculture pursuant to

other provisions of law. Nothing in this

subchapter shall be construed as limiting

the authority of the Secretary of the

Interior or the Secretary of Agriculture,

as the case may be, to manage the

national forests or other public lands for

wildlife and fish and other purposes in

accordance with the Multiple-Use

Sustained-Yield Act of 1960 (74 Stat.

215; 16 U.S.C. 528-531) or other

applicable authority.

(2) Any conservation and rehabilitation

program included within a cooperative

agreement entered into under this

subsection may be modified in a manner

mutually agreeable to the State agency

and the Secretary concerned (and the

Chairman or the Administrator, as the

case may be, if public land under his

jurisdiction is involved). Before modifying any cooperative agreement which

affects public land under the jurisdiction

of the Chairman, the Secretary of the

Interior shall obtain the prior written

approval of the Atomic Energy Commission and before modifying any

cooperative agreement which affects

public land under the jurisdiction of the

Administrator, the Secretary of the

Interior shall obtain the prior written

approval of the Administrator.

(3) Each cooperative agreement

entered into under this subsection shall -

(A) specify those areas of public land

within the State on which conservation

and rehabilitation programs will be

implemented;

(B) provide for fish and wildlife habitat

improvements or modifications, or

both;

(C) provide for range rehabilitation

where necessary for support of

wildlife;

(D) provide adequate protection for

fish and wildlife officially classified as

threatened or endangered pursuant to

section 1533 of this title or considered

to be threatened, rare, or endangered

by the State agency;

(E) require the control of off-road

vehicle traffic;

(F) if the issuance of public land area

management stamps is agreed to

pursuant to section 670i(a) of this title -

(i) contain such terms and conditions

as are required under section 670i(b)

of this title;

(ii) require the maintenance of

accurate records and the filing of

annual reports by the State agency

to the Secretary of the Interior or the

Secretary of Agriculture, or both, as

the case may be, setting forth the

amount and disposition of the fees

collected for such stamps; and

(iii) authorize the Secretary concerned and the Comptroller General

of the United States, or their authorized representatives, to have access

to such records for purposes of audit

and examination; and

(G) contain such other terms and
354 National Forest System Resource Management - Wildlife Management

conditions as the Secretary concerned

and the State agency deem necessary

and appropriate to carry out the

purposes of this subchapter.

A cooperative agreement may also

provide for arrangements under which

the Secretary concerned may authorize

officers and employees of the State

agency to enforce, or to assist in the

enforcement of, section 670j(a) of this

title.

(4) Except where limited under a

comprehensive plan or pursuant to

cooperate agreement, hunting, fishing,

and trapping shall be permitted with

respect to resident fish and wildlife in

accordance with applicable laws and

regulations of the State in which such

land is located on public land which is

the subject of a conservation and

rehabilitation program implemented

under this subchapter.

(5) The Secretary of the Interior and

the Secretary of Agriculture, as the

case may be, shall prescribe such

regulations as are deemed necessary to

control, in a manner consistent with the

applicable comprehensive plan and

cooperative agreement, the public use

of public land which is the subject of

any conservation and rehabilitation

program implemented by him under this

subchapter.

(d) State agency agreements not cooperative agreements under other provisions

Agreements entered into by State agencies under the authority of this section

shall not be deemed to be, or treated as,

cooperative agreements to which chapter

63 of title 31 applies. (16 U.S.C. 670h)

Public land management area

stamps; agreement between State

agencies and Secretary of the

Interior and Secretary of Agriculture

requiring stamps for hunting,

trapping, and fishing on public lands

subject to programs; conditions of

agreement

Sec. 203 (a) Any State agency may

agree with the Secretary of the Interior

and the Secretary of Agriculture (or with

the Secretary of the Interior or the

Secretary of Agriculture, as the case may

be, if within the State concerned all

conservation and rehabilitation programs

under this subchapter will be implemented

by him) that no individual will be permitted to hunt, trap, or fish on any public land

within the State which is subject to a

conservation and rehabilitation program

implemented under this subchapter unless

at the time such individual is engaged in

such activity he has on his person a valid

public land management area stamp

issued pursuant to this section.

(b) Any agreement made pursuant to

subsection (a) of this section to require

the issuance of public land management

area stamps shall be subject to the

following conditions:

(1) Such stamps shall be issued, sold,

and the fees therefor collected, by the

State agency or by the authorized

agents of such agency.

(2) Notice of the requirement to possess

such stamps shall be displayed prominently in all places where State hunting,
National Forest System Resource Management - Wildlife Management 355

trapping, or fishing licenses are sold. To

the maximum extent practicable, the

sale of such stamps shall be combined

with the sale of such State hunting,

trapping, and fishing licenses.

(3) Except for expenses incurred in the

printing, issuing, or selling of such

stamps, the fees collected for such

stamps by the State agency shall be

utilized in carrying out conservation and

rehabilitation programs implemented

under this subchapter in the State

concerned. Such fees may be used by

the State agency to acquire lands or

interests therein from willing sellers or

donors to provide public access to

program lands that have no existing

public access for enhancement of

outdoor recreation and wildlife conservation: Provided, That the Secretary of

Agriculture and the Secretary of the

Interior maintain such access, or ensure

that maintenance is provided for such

access, through or to lands within their

respective jurisdiction.

(4) The purchase of any such stamp

shall entitle the purchaser thereof to

hunt, trap, and fish on any public land

within such State which is the subject of

a conservation or rehabilitation program

implemented under this subchapter

except to the extent that the public use

of such land is limited pursuant to a

comprehensive plan or cooperative

agreement; but the purchase of any

such stamp shall not be construed as

(A) eliminating the requirement for the

purchase of a migratory bird hunting

stamp as set forth in section 718a of this

title, or (B) relieving the purchaser from

compliance with any applicable State

game and fish laws and regulations.

(5) The amount of the fee to be charged

for such stamps, the age at which the

individual is required to acquire such a

stamp, and the expiration date for such

stamps shall be mutually agreed upon by

the State agency and the Secretary or

Secretaries concerned; except that each

such stamp shall be void not later than

one year after the date of issuance.

(6) Each such stamp must be validated

by the purchaser thereof by signing his

name across the face of the stamp.

(7) Any individual to whom a stamp is

sold pursuant to this section shall upon

request exhibit such stamp for inspection to any officer or employee of the

Department of the Interior or the

Department of Agriculture, or to any

other person who is authorized to

enforce section 670j(a) of this title. (16

U.S.C. 670i)

Enforcement provisions

Sec. 204 (a) Violations and penalties

(1) Any person who hunts, traps, or

fishes on any public land which is

subject to a conservation and rehabilitation program implemented under this

subchapter without having on his person

a valid public land management area

stamp, if the possession of such a stamp

is required, shall be fined not more than

$1,000, or imprisoned for not more than

six months, or both.

(2) Any person who knowingly violates

or fails to comply with any regulations
356 National Forest System Resource Management - Wildlife Management

prescribed under section 670h(c)(5) of

this title shall be fined not more than

$500, or imprisoned not more than six

months, or both.

(b) Designation of enforcement personnel

powers; issuance of arrest warrants; trial

and sentencing by United States magistrate judges

(1) For the purpose of enforcing subsection (a) of this section, the Secretary

of the Interior and the Secretary of

Agriculture may designate any employee of their respective departments,

and any State officer or employee

authorized under a cooperative agreement to enforce subsection (a) of this

section to (i) carry firearms; (ii) execute

and serve any warrant or other process

issued by a court or officer of competent jurisdiction; (iii) make arrests

without warrant or process for a

misdemeanor he has reasonable

grounds to believe is being committed in

his presence or view; (iv) search

without warrant or process any person,

place, or conveyance as provided by

law; and (v) seize without warrant or

process any evidentiary item as provided by law.

(2) Upon the sworn information by a

competent person, any United States

magistrate judge or court of competent

jurisdiction may issue process for the

arrest of any person charged with

committing any offense under subsection (a) of this section.

(3) Any person charged with committing

any offense under subsection (a) of this

section may be tried and sentenced by

any United States magistrate judge

designated for that purpose by the court

by which he was appointed, in the same

manner and subject to the same conditions as provided for in section 3401 of

title 18.

(c) Seizure and forfeiture of equipment

and vessels

All guns, traps, nets, and other equipment,

vessels, vehicles, and other means of

transportation used by any person when

engaged in committing an offense under

subsection (a) of this section shall be

subject to forfeiture to the United States

and may be seized and held pending the

prosecution of any person arrested for

committing such offense. Upon conviction

for such offense, such forfeiture may be

adjudicated as a penalty in addition to any

other provided for committing such

offense.

(d) Applicability of customs laws to

seizures and forfeitures; exceptions

All provisions of law relating to the

seizure, forfeiture, and condemnation of a

vessel for violation of the customs laws,

the disposition of such vessel or the

proceeds from the sale thereof, and the

remission or mitigation of such forfeitures,

shall apply to the seizures and forfeitures

incurred, or alleged to have been incurred,

under the provisions of this section,

insofar as such provisions of law are

applicable and not inconsistent with the

provisions of this section; except that all

powers, rights, and duties conferred or

imposed by the customs laws upon any

officer or employee of the Department of

the Treasury shall, for the purposes of this
National Forest System Resource Management - Wildlife Management 357

section, be exercised or performed by the

Secretary of the Interior or the Secretary

of Agriculture, as the case may be, or by

such persons as he may designate. (16

U.S.C. 670j)

Definitions

Sec. 205 As used in this subchapter

(1) The term “Administrator” means the

Administrator of the National Aeronautics and Space Administration.

(2) The term “Chairman” means the

Chairman of the Atomic Energy Commission.

(3) The term “off-road vehicle” means

any motorized vehicle designed for, or

capable of, cross-country travel on or

immediately over land, water, sand,

snow, ice, marsh, swampland, or other

natural terrain; but such term does not

include -

(A) any registered motorboat at the

option of each State;

(B) any military, fire, emergency, or

law enforcement vehicle when used

for emergency purposes; and

(C) any vehicle the use of which is

expressly authorized by the Secretary

of the Interior or the Secretary of

Agriculture under a permit, lease,

license, or contract.

(4) The term “public land” means all

lands, under the respective jurisdiction

of the Secretary of the Interior, the

Secretary of Agriculture, the Chairman,

and the Administrator, except land

which is, or hereafter may be, within or

designated as -

(A) a military reservation;

(B) a unit of the National Park System;

(C) an area within the national wildlife

refuge system;

(D) an Indian reservation; or

(E) an area within an Indian reservation or land held in trust by the United

States for an Indian or Indian tribe.

(5) The term “State agency” means the

agency or agencies of a State responsible for the administration of the fish

and game laws of the State.

(6) The term “conservation and rehabilitation programs” means to utilize those

methods and procedures which are

necessary to protect, conserve, and

enhance wildlife, fish, and game resources to the maximum extent practicable on public lands subject to this

subchapter consistent with any overall

land use and management plans for the

lands involved. Such methods and

procedures shall include, but shall not be

limited to, all activities associated with

scientific resources management such

as protection, research, census, law

enforcement, habitat management,

propagation, live trapping and transplantation, and regulated taking in conformance with the provisions of this subchapter. Nothing in this term shall be

construed as diminishing the authority or

jurisdiction of the States with respect to

the management of resident species of

fish, wildlife, or game, except as otherwise provided by law. (16 U.S.C. 670k)
358 National Forest System Resource Management - Wildlife Management

Applicability to Forest Service and

Bureau of Land Management lands

of public land management area

stamp requirements; authorized fees

Sec. 206 Notwithstanding any other

provision in this subchapter, section 670i

of this title shall not apply to land which is,

or hereafter may be, within or designated

as Forest Service land or as Bureau of

Land Management land of any State in

which all Federal lands therein comprise

60 percent or more of the total area of

such State; except that in any such State,

any appropriate State agency may agree

with the Secretary of Agriculture or the

Secretary of the Interior, or both, as the

case may be, to collect a fee as specified

in such agreement at the point of sale of

regular licenses to hunt, trap, or fish in

such State, the proceeds of which shall be

utilized in carrying out conservation and

rehabilitation programs implemented

under this subchapter in the State concerned and for no other purpose. (16

U.S.C. 670l)

Indian rights unaffected; State or

Federal jurisdiction regulating Indian

rights preserved

Sec. 207 Nothing in this subchapter shall

enlarge or diminish or in any way affect

(1) the rights of Indians or Indian tribes to

the use of water or natural resources or

their rights to fish, trap, or hunt wildlife as

secured by statute, agreement, treaty,

Executive order, or court decree; or (2)

existing State or Federal jurisdiction to

regulate those rights either on or off

reservations. (16 U.S.C. 670m)

Authorization of appropriations

Sec. 209 (a) Functions and responsibilities of Secretary of the Interior

There are authorized to be appropriated

$4,000,000 for each of fiscal years 1998

through 2003, to enable the Secretary of

the Interior to carry out his functions and

responsibilities under this subchapter,

including data collection, research,

planning, and conservation and rehabilitation programs on public lands. Such funds

shall be in addition to those authorized for

wildlife, range, soil, and water management pursuant to section 1748 of title 43,

or other provisions of law.

(b) Functions and responsibilities of

Secretary of Agriculture

There are authorized to be appropriated

$5,000,000 for each of fiscal years 1998

through 2003, to enable the Secretary of

Agriculture to carry out his functions and

responsibilities under this subchapter.

Such funds shall be in addition to those

provided under other provisions of law. In

requesting funds under this subsection the

Secretary shall take into account fish and

wildlife program needs, including those

for projects, identified in the State comprehensive plans as contained in the

program developed pursuant to the Forest

and Rangeland Renewable Resources

Planning Act of 1974, as amended (16

U.S.C. 1601-1610).

(c) Use of other conservation or rehabilitation authorities

The Secretary of the Interior and the

Secretary of Agriculture may each use

any authority available to him under other
National Forest System Resource Management - Wildlife Management 359

laws relating to fish, wildlife, or plant

conservation or rehabilitation for purposes

of carrying out the provisions of this

subchapter.

(d) Contract authority respecting property,

services or assistance affecting State

agencies; appropriations requirement

The Secretary of the Interior and the

Secretary of Agriculture may each make

purchases and contracts for property and

services from, or provide assistance to,

the State agencies concerned, if such

property, services or assistance is required to implement those projects and

programs carried out on, or of benefit to,

Federal lands and identified in the comprehensive plans or cooperative agreements developed under section 670h of

this title without regard to title III (other

than section 304) of the Federal Property

and Administrative Services Act of 1949

(41 U.S.C. 251-260). Contract authority

provided in this section is effective only to

such extent or in such amounts as are

provided in appropriation Acts. (16

U.S.C. 670o)
360 National Forest System Resource Management - Wildlife Management

Endangered Species Act of 1982

December 28, 1973 (Pub. L. 93-205, 87 Stat. 884; 16 U.S.C.

1531 note, 1531 to 1537, 1537a, 1538 to 1541, 668dd, 460l-9,

460k-1, 1362, 1371, 1372, 1402,7 U.S.C. 136, 16 U.S.C. 1542,

1531 note, 1543, 1544)

Congressional findings and

declaration of purposes and policy

Sec. 2 (a) Findings The Congress finds

and declares that -

(1) various species of fish, wildlife, and

plants in the United States have been

rendered extinct as a consequence of

economic growth and development

untempered by adequate concern and

conservation;

(2) other species of fish, wildlife, and

plants have been so depleted in numbers

that they are in danger of or threatened

with extinction;

(3) these species of fish, wildlife, and

plants are of esthetic, ecological,

educational, historical, recreational, and

scientific value to the Nation and its

people;

(4) the United States has pledged itself

as a sovereign state in the international

community to conserve to the extent

practicable the various species of fish or

wildlife and plants facing extinction,

pursuant to -

(A) migratory bird treaties with

Canada and Mexico;

(B) the Migratory and Endangered

Bird Treaty with Japan;

(C) the Convention on Nature Protection and Wildlife Preservation in the

Western Hemisphere;

(D) the International Convention for

the Northwest Atlantic Fisheries;

(E) the International Convention for

the High Seas Fisheries of the North

Pacific Ocean;

(F) the Convention on International

Trade in Endangered Species of Wild

Fauna and Flora; and

(G) other international agreements;

and

(5) encouraging the States and other

interested parties, through Federal

financial assistance and a system of

incentives, to develop and maintain

conservation programs which meet

national and international standards is a

key to meeting the Nation’s international

commitments and to better safeguarding, for the benefit of all citizens, the

Nation’s heritage in fish, wildlife, and

plants.

(b) Purposes

The purposes of this chapter are to

provide a means whereby the ecosystems upon which endangered species and

threatened species depend may be

conserved, to provide a program for the

conservation of such endangered species
National Forest System Resource Management - Wildlife Management 361

and threatened species, and to take such

steps as may be appropriate to achieve

the purposes of the treaties and conventions set forth in subsection (a) of this

section.

(c) Policy

(1) It is further declared to be the policy

of Congress that all Federal departments and agencies shall seek to

conserve endangered species and

threatened species and shall utilize their

authorities in furtherance of the purposes of this chapter.

(2) It is further declared to be the policy

of Congress that Federal agencies shall

cooperate with State and local agencies

to resolve water resource issues in

concert with conservation of endangered species. (16 U.S.C. 1531)

Definitions

Sec. 3 For the purpose of this chapter -

(1) The term “alternative courses of

action” means all alternatives and thus

is not limited to original project objectives and agency jurisdiction.

(2) The term “commercial activity”

means all activities of industry and

trade, including, but not limited to, the

buying or selling of commodities and

activities conducted for the purpose of

facilitating such buying and selling:

Provided, however, That it does not

include exhibition of commodities by

museums or similar cultural or historical

organizations.

(3) The terms “conserve”, “conserving”, and “conservation” mean to use

and the use of all methods and procedures which are necessary to bring any

endangered species or threatened

species to the point at which the measures provided pursuant to this chapter

are no longer necessary. Such methods

and procedures include, but are not

limited to, all activities associated with

scientific resources management such

as research, census, law enforcement,

habitat acquisition and maintenance,

propagation, live trapping, and transplantation, and, in the extraordinary case

where population pressures within a

given ecosystem cannot be otherwise

relieved, may include regulated taking.

(4) The term “Convention” means the

Convention on International Trade in

Endangered Species of Wild Fauna and

Flora, signed on March 3, 1973, and the

appendices thereto.

(5)(A) The term “critical habitat” for a

threatened or endangered species means -

(i) the specific areas within the

geographical area occupied by the

species, at the time it is listed in

accordance with the provisions of

section 1533 of this title, on which

are found those physical or biological

features (I) essential to the conservation of the species and (II) which

may require special management

considerations or protection; and

(ii) specific areas outside the geographical area occupied by the

species at the time it is listed in

accordance with the provisions of

section 1533 of this title, upon a

determination by the Secretary that
362 National Forest System Resource Management - Wildlife Management

such areas are essential for the

conservation of the species.

(B) Critical habitat may be established

for those species now listed as threatened or endangered species for which

no critical habitat has heretofore been

established as set forth in subparagraph (A) of this paragraph.

(C) Except in those circumstances

determined by the Secretary, critical

habitat shall not include the entire

geographical area which can be

occupied by the threatened or endangered species.

(6) The term “endangered species”

means any species which is in danger of

extinction throughout all or a significant

portion of its range other than a species

of the Class Insecta determined by the

Secretary to constitute a pest whose

protection under the provisions of this

chapter would present an overwhelming

and overriding risk to man.

(7) The term “Federal agency” means

any department, agency, or instrumentality of the United States.

(8) The term “fish or wildlife” means

any member of the animal kingdom,

including without limitation any mammal,

fish, bird (including any migratory,

nonmigratory, or endangered bird for

which protection is also afforded by

treaty or other international agreement),

amphibian, reptile, mollusk, crustacean,

arthropod or other invertebrate, and

includes any part, product, egg, or

offspring thereof, or the dead body or

parts thereof.

(9) The term “foreign commerce”

includes, among other things, any

transaction -

(A) between persons within one

foreign country;

(B) between persons in two or more

foreign countries;

(C) between a person within the

United States and a person in a

foreign country; or

(D) between persons within the

United States, where the fish and

wildlife in question are moving in any

country or countries outside the United

States.

(10) The term “import” means to land

on, bring into, or introduce into, or

attempt to land on, bring into, or introduce into, any place subject to the

jurisdiction of the United States,

whether or not such landing, bringing, or

introduction constitutes an importation

within the meaning of the customs laws

of the United States.

(11) Repealed

(12) The term “permit or license

applicant” means, when used with

respect to an action of a Federal agency

for which exemption is sought under

section 1536 of this title, any person

whose application to such agency for a

permit or license has been denied

primarily because of the application of

section 1536(a) of this title to such

agency action.

(13) The term “person” means an

individual, corporation, partnership, trust,
National Forest System Resource Management - Wildlife Management 363

association, or any other private entity;

or any officer, employee, agent, department, or instrumentality of the Federal

Government, of any State, municipality,

or political subdivision of a State, or of

any foreign government; any State,

municipality, or political subdivision of a

State; or any other entity subject to the

jurisdiction of the United States.

(14) The term “plant” means any

member of the plant kingdom, including

seeds, roots and other parts thereof.

(15) The term “Secretary” means,

except as otherwise herein provided, the

Secretary of the Interior or the Secretary of Commerce as program responsibilities are vested pursuant to the

provisions of Reorganization Plan

Numbered 4 of 1970; except that with

respect to the enforcement of the

provisions of this chapter and the

Convention which pertain to the importation or exportation of terrestrial plants,

the term also means the Secretary of

Agriculture.

(16) The term “species” includes any

subspecies of fish or wildlife or plants,

and any distinct population segment of

any species of vertebrate fish or wildlife

which interbreeds when mature.

(17) The term “State” means any of the

several States, the District of Columbia,

the Commonwealth of Puerto Rico,

American Samoa, the Virgin Islands,

Guam, and the Trust Territory of the

Pacific Islands.

(18) The term “State agency” means

any State agency, department, board,

commission, or other governmental

entity which is responsible for the

management and conservation of fish,

plant, or wildlife resources within a

State.

(19) The term “take” means to harass,

harm, pursue, hunt, shoot, wound, kill,

trap, capture, or collect, or to attempt to

engage in any such conduct.

(20) The term “threatened species”

means any species which is likely to

become an endangered species within

the foreseeable future throughout all or

a significant portion of its range.

(21) The term “United States”, when

used in a geographical context, includes

all States. (16 U.S.C. 1532)

Determination of endangered

species and threatened species

Sec. 4 (a) Generally

(1) The Secretary shall by regulation

promulgated in accordance with subsection (b) of this section determine

whether any species is an endangered

species or a threatened species because

of any of the following factors:

(A) the present or threatened destruction, modification, or curtailment of its

habitat or range;

(B) overutilization for commercial,

recreational, scientific, or educational

purposes;

(C) disease or predation;

(D) the inadequacy of existing regulatory mechanisms; or

(E) other natural or manmade factors

affecting its continued existence.
364 National Forest System Resource Management - Wildlife Management

(2) With respect to any species over

which program responsibilities have

been vested in the Secretary of Commerce pursuant to Reorganization Plan

Numbered 4 of 1970 -

(A) in any case in which the Secretary

of Commerce determines that such

species should -

(i) be listed as an endangered

species or a threatened species, or

(ii) be changed in status from a

threatened species to an endangered

species, he shall so inform the

Secretary of the Interior; who shall

list such species in accordance with

this section;

(B) in any case in which the Secretary

of Commerce determines that such

species should -

(i) be removed from any list published pursuant to subsection (c) of

this section, or

(ii) be changed in status from an

endangered species to a threatened

species, he shall recommend such

action to the Secretary of the

Interior, and the Secretary of the

Interior, if he concurs in the recommendation, shall implement such

action; and

(C) the Secretary of the Interior may

not list or remove from any list any

such species, and may not change the

status of any such species which are

listed, without a prior favorable

determination made pursuant to this

section by the Secretary of Commerce.

(3) The Secretary, by regulation promulgated in accordance with subsection (b)

of this section and to the maximum

extent prudent and determinable -

(A) shall, concurrently with making a

determination under paragraph (1) that

a species is an endangered species or

a threatened species, designate any

habitat of such species which is then

considered to be critical habitat; and

(B) may, from time-to-time thereafter

as appropriate, revise such designation.

(b) Basis for determinations

(1)(A) The Secretary shall make

determinations required by subsection

(a)(1) of this section solely on the basis

of the best scientific and commercial

data available to him after conducting a

review of the status of the species and

after taking into account those efforts, if

any, being made by any State or foreign

nation, or any political subdivision of a

State or foreign nation, to protect such

species, whether by predator control,

protection of habitat and food supply, or

other conservation practices, within any

area under its jurisdiction; or on the high

seas.

(B) In carrying out this section, the

Secretary shall give consideration to

species which have been -

(i) designated as requiring protection

from unrestricted commerce by any

foreign nation, or pursuant to any

international agreement; or (ii)

identified as in danger of extinction,

or likely to become so within the
National Forest System Resource Management - Wildlife Management 365

foreseeable future, by any State

agency or by any agency of a

foreign nation that is responsible for

the conservation of fish or wildlife or

plants.

(2) The Secretary shall designate

critical habitat, and make revisions

thereto, under subsection (a)(3) of this

section on the basis of the best scientific

data available and after taking into

consideration the economic impact, and

any other relevant impact, of specifying

any particular area as critical habitat.

The Secretary may exclude any area

from critical habitat if he determines

that the benefits of such exclusion

outweigh the benefits of specifying such

area as part of the critical habitat,

unless he determines, based on the best

scientific and commercial data available,

that the failure to designate such area

as critical habitat will result in the

extinction of the species concerned.

(3)(A) To the maximum extent practicable, within 90 days after receiving the

petition of an interested person under

section 553(e) of title 5, to add a species

to, or to remove a species from, either

of the lists published under subsection

(c) of this section, the Secretary shall

make a finding as to whether the

petition presents substantial scientific or

commercial information indicating that

the petitioned action may be warranted.

If such a petition is found to present

such information, the Secretary shall

promptly commence a review of the

status of the species concerned. The

Secretary shall promptly publish each

finding made under this subparagraph in

the Federal Register.

(B) Within 12 months after receiving a

petition that is found under subparagraph (A) to present substantial

information indicating that the petitioned action may be warranted, the

Secretary shall make one of the

following findings:

(i) The petitioned action is not

warranted, in which case the Secretary shall promptly publish such

finding in the Federal Register.

(ii) The petitioned action is warranted, in which case the Secretary

shall promptly publish in the Federal

Register a general notice and the

complete text of a proposed regulation to implement such action in

accordance with paragraph (5).

(iii) The petitioned action is warranted, but that -

(I) the immediate proposal and

timely promulgation of a final

regulation implementing the

petitioned action in accordance

with paragraphs (5) and (6) is

precluded by pending proposals to

determine whether any species is

an endangered species or a

threatened species, and

(II) expeditious progress is being

made to add qualified species to

either of the lists published under

subsection (c) of this section and to

remove from such lists species for

which the protections of this

chapter are no longer necessary, in

which case the Secretary shall
366 National Forest System Resource Management - Wildlife Management

promptly publish such finding in the

Federal Register, together with a

description and evaluation of the

reasons and data on which the

finding is based.

(C)(i) A petition with respect to which

a finding is made under subparagraph

(B)(iii) shall be treated as a petition

that is resubmitted to the Secretary

under subparagraph (A) on the date of

such finding and that presents substantial scientific or commercial information that the petitioned action may be

warranted.

(ii) Any negative finding described in

subparagraph (A) and any finding

described in subparagraph (B)(i) or

(iii) shall be subject to judicial

review.

(iii) The Secretary shall implement a

system to monitor effectively the

status of all species with respect to

which a finding is made under

subparagraph (B)(iii) and shall make

prompt use of the authority under

paragraph 7 1

 to prevent a significant

risk to the well being of any such

species.

(D)(i) To the maximum extent

practicable, within 90 days after

receiving the petition of an interested

person under section 553(e) of title

5, to revise a critical habitat designation, the Secretary shall make a

finding as to whether the petition

presents substantial scientific

information indicating that the

revision may be warranted. The

Secretary shall promptly publish such

finding in the Federal Register.

(ii) Within 12 months after receiving

a petition that is found under clause

(i) to present substantial information

indicating that the requested revision

may be warranted, the Secretary

shall determine how he intends to

proceed with the requested revision,

and shall promptly publish notice of

such intention in the Federal Register.

(4) Except as provided in paragraphs

(5) and (6) of this subsection, the

provisions of section 553 of title 5

(relating to rulemaking procedures),

shall apply to any regulation promulgated to carry out the purposes of this

chapter.

(5) With respect to any regulation

proposed by the Secretary to implement

a determination, designation, or revision

referred to in subsection (a)(1) or (3) of

this section, the Secretary shall -

(A) not less than 90 days before the

effective date of the regulation -

(i) publish a general notice and the

complete text of the proposed

regulation in the Federal Register,

and

(ii) give actual notice of the proposed

regulation (including the complete

text of the regulation) to the State

agency in each State in which the

species is believed to occur, and to

each county, or equivalent jurisdiction in which the species is believed

to occur, and invite the comment of

such agency, and each such jurisdic-
National Forest System Resource Management - Wildlife Management 367

tion, thereon;

(B) insofar as practical, and in cooperation with the Secretary of State,

give notice of the proposed regulation

to each foreign nation in which the

species is believed to occur or whose

citizens harvest the species on the high

seas, and invite the comment of such

nation thereon;

(C) give notice of the proposed

regulation to such professional scientific organizations as he deems appropriate;

(D) publish a summary of the proposed regulation in a newspaper of

general circulation in each area of the

United States in which the species is

believed to occur; and

(E) promptly hold one public hearing

on the proposed regulation if any

person files a request for such a

hearing within 45 days after the date

of publication of general notice.

(6)(A) Within the one-year period

beginning on the date on which general

notice is published in accordance with

paragraph (5)(A)(i) regarding a proposed regulation, the Secretary shall

publish in the Federal Register -

(i) if a determination as to whether a

species is an endangered species or

a threatened species, or a revision of

critical habitat, is involved, either -

(I) a final regulation to implement

such determination,

(II) a final regulation to implement

such revision or a finding that such

revision should not be made,

(III) notice that such one-year

period is being extended under

subparagraph (B)(i), or

(IV) notice that the proposed

regulation is being withdrawn under

subparagraph (B)(ii), together with

the finding on which such withdrawal is based; or

(ii) subject to subparagraph (C), if a

designation of critical habitat is

involved, either -

(I) a final regulation to implement

such designation, or

(II) notice that such one-year

period is being extended under

such subparagraph.

(B)(i) If the Secretary finds with

respect to a proposed regulation

referred to in subparagraph (A)(i) that

there is substantial disagreement

regarding the sufficiency or accuracy

of the available data relevant to the

determination or revision concerned,

the Secretary may extend the oneyear period specified in subparagraph

(A) for not more than six months for

purposes of soliciting additional data.

(ii) If a proposed regulation referred

to in subparagraph (A)(i) is not

promulgated as a final regulation

within such one-year period (or

longer period if extension under

clause (i) applies) because the

Secretary finds that there is not

sufficient evidence to justify the

action proposed by the regulation,

the Secretary shall immediately
368 National Forest System Resource Management - Wildlife Management

withdraw the regulation. The finding

on which a withdrawal is based shall

be subject to judicial review. The

Secretary may not propose a regulation that has previously been withdrawn under this clause unless he

determines that sufficient new

information is available to warrant

such proposal.

(iii) If the one-year period specified

in subparagraph (A) is extended

under clause (i) with respect to a

proposed regulation, then before the

close of such extended period the

Secretary shall publish in the Federal

Register either a final regulation to

implement the determination or

revision concerned, a finding that the

revision should not be made, or a

notice of withdrawal of the regulation under clause (ii), together with

the finding on which the withdrawal

is based.

(C) A final regulation designating

critical habitat of an endangered

species or a threatened species shall

be published concurrently with the

final regulation implementing the

determination that such species is

endangered or threatened, unless the

Secretary deems that -

(i) it is essential to the conservation

of such species that the regulation

implementing such determination be

promptly published; or (ii) critical

habitat of such species is not then

determinable, in which case the

Secretary, with respect to the

proposed regulation to designate

such habitat, may extend the oneyear period specified in subparagraph (A) by not more than one

additional year, but not later than the

close of such additional year the

Secretary must publish a final

regulation, based on such data as

may be available at that time,

designating, to the maximum extent

prudent, such habitat.

(7) Neither paragraph (4), (5), or (6) of

this subsection nor section 553 of title 5

shall apply to any regulation issued by

the Secretary in regard to any emergency posing a significant risk to the

well-being of any species of fish or

wildlife or plants, but only if -

(A) at the time of publication of the

regulation in the Federal Register the

Secretary publishes therein detailed

reasons why such regulation is necessary; and

(B) in the case such regulation applies

to resident species of fish or wildlife,

or plants, the Secretary gives actual

notice of such regulation to the State

agency in each State in which such

species is believed to occur. Such

regulation shall, at the discretion of the

Secretary, take effect immediately

upon the publication of the regulation

in the Federal Register. Any regulation

promulgated under the authority of this

paragraph shall cease to have force

and effect at the close of the 240-day

period following the date of publication

unless, during such 240-day period, the

rulemaking procedures which would

apply to such regulation without regard

to this paragraph are complied with. If

at any time after issuing an emergency
National Forest System Resource Management - Wildlife Management 369

regulation the Secretary determines,

on the basis of the best appropriate

data available to him, that substantial

evidence does not exist to warrant

such regulation, he shall withdraw it.

(8) The publication in the Federal

Register of any proposed or final

regulation which is necessary or appropriate to carry out the purposes of this

chapter shall include a summary by the

Secretary of the data on which such

regulation is based and shall show the

relationship of such data to such regulation; and if such regulation designates or

revises critical habitat, such summary

shall, to the maximum extent practicable, also include a brief description

and evaluation of those activities

(whether public or private) which, in the

opinion of the Secretary, if undertaken

may adversely modify such habitat, or

may be affected by such designation.

(c) Lists

(1) The Secretary of the Interior shall

publish in the Federal Register a list of

all species determined by him or the

Secretary of Commerce to be endangered species and a list of all species

determined by him or the Secretary of

Commerce to be threatened species.

Each list shall refer to the species

contained therein by scientific and

common name or names, if any, specify

with respect to each such species over

what portion of its range it is endangered or threatened, and specify any

critical habitat within such range. The

Secretary shall from time to time revise

each list published under the authority of

this subsection to reflect recent determinations, designations, and revisions

made in accordance with subsections

(a) and (b) of this section.

(2) The Secretary shall -

(A) conduct, at least once every five

years, a review of all species included

in a list which is published pursuant to

paragraph (1) and which is in effect at

the time of such review; and

(B) determine on the basis of such

review whether any such species

should -

(i) be removed from such list;

(ii) be changed in status from an

endangered species to a threatened

species; or

(iii) be changed in status from a

threatened species to an endangered

species. Each determination under

subparagraph (B) shall be made in

accordance with the provisions of

subsections (a) and (b) of this

section.

(d) Protective regulations

Whenever any species is listed as a

threatened species pursuant to subsection

(c) of this section, the Secretary shall

issue such regulations as he deems

necessary and advisable to provide for

the conservation of such species. The

Secretary may by regulation prohibit with

respect to any threatened species any act

prohibited under section 1538(a)(1) of

this title, in the case of fish or wildlife, or

section 1538(a)(2) of this title, in the case

of plants, with respect to endangered

species; except that with respect to the

taking of resident species of fish or
370 National Forest System Resource Management - Wildlife Management

wildlife, such regulations shall apply in

any State which has entered into a

cooperative agreement pursuant to

section 1535(c) of this title only to the

extent that such regulations have also

been adopted by such State.

(e) Similarity of appearance cases

The Secretary may, by regulation of

commerce or taking, and to the extent he

deems advisable, treat any species as an

endangered species or threatened species

even though it is not listed pursuant to this

section if he finds that -

(A) such species so closely resembles

in appearance, at the point in question,

a species which has been listed

pursuant to such section that enforcement personnel would have substantial

difficulty in attempting to differentiate

between the listed and unlisted species;

(B) the effect of this substantial

difficulty is an additional threat to an

endangered or threatened species; and

(C) such treatment of an unlisted

species will substantially facilitate the

enforcement and further the policy of

this chapter.

(f) Recovery plans

(1) The Secretary shall develop and

implement plans (hereinafter in this

subsection referred to as “recovery

plans”) for the conservation and survival of endangered species and threatened species listed pursuant to this

section, unless he finds that such a plan

will not promote the conservation of the

species. The Secretary, in developing

and implementing recovery plans, shall,

to the maximum extent practicable -

(A) give priority to those endangered

species or threatened species, without

regard to taxonomic classification, that

are most likely to benefit from such

plans, particularly those species that

are, or may be, in conflict with construction or other development

projects or other forms of economic

activity;

(B) incorporate in each plan -

(i) a description of such site-specific

management actions as may be

necessary to achieve the plan’s goal

for the conservation and survival of

the species;

(ii) objective, measurable criteria

which, when met, would result in a

determination, in accordance with

the provisions of this section, that the

species be removed from the list;

and

(iii) estimates of the time required

and the cost to carry out those

measures needed to achieve the

plan’s goal and to achieve intermediate steps toward that goal.

(2) The Secretary, in developing and

implementing recovery plans, may

procure the services of appropriate

public and private agencies and institutions, and other qualified persons.

Recovery teams appointed pursuant to

this subsection shall not be subject to

the Federal Advisory Committee Act.

(3) The Secretary shall report every

two years to the Committee on Environ-
National Forest System Resource Management - Wildlife Management 371

ment and Public Works of the Senate

and the Committee on Merchant Marine

and Fisheries of the House of Representatives on the status of efforts to

develop and implement recovery plans

for all species listed pursuant to this

section and on the status of all species

for which such plans have been developed.

(4) The Secretary shall, prior to final

approval of a new or revised recovery

plan, provide public notice and an

opportunity for public review and

comment on such plan. The Secretary

shall consider all information presented

during the public comment period prior

to approval of the plan.

(5) Each Federal agency shall, prior to

implementation of a new or revised

recovery plan, consider all information

presented during the public comment

period under paragraph (4).

(g) Monitoring

(1) The Secretary shall implement a

system in cooperation with the States to

monitor effectively for not less than five

years the status of all species which

have recovered to the point at which the

measures provided pursuant to this

chapter are no longer necessary and

which, in accordance with the provisions of this section, have been removed

from either of the lists published under

subsection (c) of this section.

(2) The Secretary shall make prompt

use of the authority under paragraph 7 2

of subsection (b) of this section to

prevent a significant risk to the well

being of any such recovered species.

(h) Agency guidelines; publication in

Federal Register; scope; proposals and

amendments: notice and opportunity for

comments

The Secretary shall establish, and publish

in the Federal Register, agency guidelines

to insure that the purposes of this section

are achieved efficiently and effectively.

Such guidelines shall include, but are not

limited to -

(1) procedures for recording the receipt

and the disposition of petitions submitted

under subsection (b)(3) of this section;

(2) criteria for making the findings

required under such subsection with

respect to petitions;

(3) a ranking system to assist in the

identification of species that should

receive priority review under subsection

(a)(1) of this section; and

(4) a system for developing and implementing, on a priority basis, recovery

plans under subsection (f) of this

section. The Secretary shall provide to

the public notice of, and opportunity to

submit written comments on, any

guideline (including any amendment

thereto) proposed to be established

under this subsection.

(i) Submission to State agency of justification for regulations inconsistent with

State agency’s comments or petition

If, in the case of any regulation proposed

by the Secretary under the authority of

this section, a State agency to which

notice thereof was given in accordance

with subsection (b)(5)(A)(ii) of this

section files comments disagreeing with
372 National Forest System Resource Management - Wildlife Management

all or part of the proposed regulation, and

the Secretary issues a final regulation

which is in conflict with such comments,

or if the Secretary fails to adopt a

regulation pursuant to an action petitioned

by a State agency under subsection

(b)(3) of this section, the Secretary shall

submit to the State agency a written

justification for his failure to adopt

regulations consistent with the agency’s

comments or petition. (16 U.S.C. 1533)

1

 So in original. Probably should be

paragraph “(7)”.

2

 So in original. Probably should be

paragraph “(7)”.

Land acquisition

Sec. 5 (a) Implementation of conservation program; authorization of Secretary

and Secretary of Agriculture

The Secretary, and the Secretary of

Agriculture with respect to the National

Forest System, shall establish and implement a program to conserve fish, wildlife,

and plants, including those which are

listed as endangered species or threatened species pursuant to section 1533 of

this title. To carry out such a program,

the appropriate Secretary -

(1) shall utilize the land acquisition and

other authority under the Fish and

Wildlife Act of 1956, as amended (16

U.S.C. 742a et seq.), the Fish and

Wildlife Coordination Act, as amended

(16 U.S.C. 661 et seq.), and the Migratory Bird Conservation Act (16 U.S.C.

715 et seq.), as appropriate; and

(2) is authorized to acquire by purchase,

donation, or otherwise, lands, waters, or

interest therein, and such authority shall

be in addition to any other land acquisition authority vested in him.

(b) Availability of funds for acquisition of

lands, waters, etc.

Funds made available pursuant to the

Land and Water Conservation Fund Act

of 1965, as amended (16 U.S.C. 460l-4 et

seq.), may be used for the purpose of

acquiring lands, waters, or interests

therein under subsection (a) of this

section. (16 U.S.C. 1534)

Cooperation with States

Sec. 6 (a) Generally

In carrying out the program authorized by

this chapter, the Secretary shall cooperate to the maximum extent practicable

with the States. Such cooperation shall

include consultation with the States

concerned before acquiring any land or

water, or interest therein, for the purpose

of conserving any endangered species or

threatened species.

(b) Management agreements

The Secretary may enter into agreements

with any State for the administration and

management of any area established for

the conservation of endangered species

or threatened species. Any revenues

derived from the administration of such

areas under these agreements shall be

subject to the provisions of section 715s

of this title.

(c) Cooperative agreements

(1) In furtherance of the purposes of
National Forest System Resource Management - Wildlife Management 373

this chapter, the Secretary is authorized

to enter into a cooperative agreement in

accordance with this section with any

State which establishes and maintains

an adequate and active program for the

conservation of endangered species and

threatened species. Within one hundred

and twenty days after the Secretary

receives a certified copy of such a

proposed State program, he shall make

a determination whether such program

is in accordance with this chapter.

Unless he determines, pursuant to this

paragraph, that the State program is not

in accordance with this chapter, he shall

enter into a cooperative agreement with

the State for the purpose of assisting in

implementation of the State program. In

order for a State program to be deemed

an adequate and active program for the

conservation of endangered species and

threatened species, the Secretary must

find, and annually thereafter reconfirm

such finding, that under the State

program -

(A) authority resides in the State

agency to conserve resident species of

fish or wildlife determined by the State

agency or the Secretary to be endangered or threatened;

(B) the State agency has established

acceptable conservation programs,

consistent with the purposes and

policies of this chapter, for all resident

species of fish or wildlife in the State

which are deemed by the Secretary to

be endangered or threatened, and has

furnished a copy of such plan and

program together with all pertinent

details, information, and data requested to the Secretary;

(C) the State agency is authorized to

conduct investigations to determine the

status and requirements for survival of

resident species of fish and wildlife;

(D) the State agency is authorized to

establish programs, including the

acquisition of land or aquatic habitat or

interests therein, for the conservation

of resident endangered or threatened

species of fish or wildlife; and

(E) provision is made for public

participation in designating resident

species of fish or wildlife as endangered or threatened; or that under the

State program -

(i) the requirements set forth in

subparagraphs (C), (D), and (E) of

this paragraph are complied with,

and

(ii) plans are included under which

immediate attention will be given to

those resident species of fish and

wildlife which are determined by the

Secretary or the State agency to be

endangered or threatened and which

the Secretary and the State agency

agree are most urgently in need of

conservation programs; except that a

cooperative agreement entered into

with a State whose program is

deemed adequate and active pursuant to clause (i) and this clause shall

not affect the applicability of prohibitions set forth in or authorized

pursuant to section 1533(d) of this

title or section 1538(a)(1) of this title

with respect to the taking of any

resident endangered or threatened
374 National Forest System Resource Management - Wildlife Management

species.

(2) In furtherance of the purposes of

this chapter the Secretary is authorized

to enter into a cooperative agreement in

accordance with this section with any

State which establishes and maintains

an adequate and active program for the

conservation of endangered species and

threatened species of plants. Within one

hundred and twenty days after the

Secretary receives a certified copy of

such a proposed State program, he shall

make a determination whether such

program is in accordance with this

chapter. Unless he determines, pursuant

to this paragraph, that the State program

is not in accordance with this chapter,

he shall enter into a cooperative agreement with the State for the purpose of

assisting in implementation of the State

program. In order for a State program

to be deemed an adequate and active

program for the conservation of endangered species of plants and threatened

species of plants, the Secretary must

find, and annually thereafter reconfirm

such finding, that under the State

program -

(A) authority resides in the State

agency to conserve resident species of

plants determined by the State agency

or the Secretary to be endangered or

threatened;

(B) the State agency has established

acceptable conservation programs,

consistent with the purposes and

policies of this chapter, for all resident

species of plants in the State which

are deemed by the Secretary to be

endangered or threatened, and has

furnished a copy of such plan and

program together with all pertinent

details, information, and data requested to the Secretary;

(C) the State agency is authorized to

conduct investigations to determine the

status and requirements for survival of

resident species of plants; and

(D) provision is made for public

participation in designating resident

species of plants as endangered or

threatened; or that under the State

program -

(i) the requirements set forth in

subparagraphs (C) and (D) of this

paragraph are complied with, and

(ii) plans are included under which

immediate attention will be given to

those resident species of plants

which are determined by the Secretary or the State agency to be

endangered or threatened and which

the Secretary and the State agency

agree are most urgently in need of

conservation programs; except that a

cooperative agreement entered into

with a State whose program is

deemed adequate and active pursuant to clause (i) and this clause shall

not affect the applicability of prohibitions set forth in or authorized

pursuant to section 1533(d) or

section 1538(a)(1) of this title with

respect to the taking of any resident

endangered or threatened species.

(d) Allocation of funds

(1) The Secretary is authorized to
National Forest System Resource Management - Wildlife Management 375

provide financial assistance to any

State, through its respective State

agency, which has entered into a

cooperative agreement pursuant to

subsection (c) of this section to assist in

development of programs for the

conservation of endangered and threatened species or to assist in monitoring

the status of candidate species pursuant

to subparagraph (C) of section

1533(b)(3) of this title and recovered

species pursuant to section 1533(g) of

this title. The Secretary shall allocate

each annual appropriation made in

accordance with the provisions of

subsection (i) of this section to such

States based on consideration of -

(A) the international commitments of

the United States to protect endangered species or threatened species;

(B) the readiness of a State to proceed with a conservation program

consistent with the objectives and

purposes of this chapter;

(C) the number of endangered species

and threatened species within a State;

(D) the potential for restoring endangered species and threatened species

within a State;

(E) the relative urgency to initiate a

program to restore and protect an

endangered species or threatened

species in terms of survival of the

species;

(F) the importance of monitoring the

status of candidate species within a

State to prevent a significant risk to

the well being of any such species;

and

(G) the importance of monitoring the

status of recovered species within a

State to assure that such species do

not return to the point at which the

measures provided pursuant to this

chapter are again necessary. So much

of the annual appropriation made in

accordance with provisions of subsection (i) of this section allocated for

obligation to any State for any fiscal

year as remains unobligated at the

close thereof is authorized to be made

available to that State until the close of

the succeeding fiscal year. Any

amount allocated to any State which is

unobligated at the end of the period

during which it is available for expenditure is authorized to be made available for expenditure by the Secretary

in conducting programs under this

section.

(2) Such cooperative agreements shall

provide for (A) the actions to be taken

by the Secretary and the States; (B) the

benefits that are expected to be derived

in connection with the conservation of

endangered or threatened species; (C)

the estimated cost of these actions; and

(D) the share of such costs to be borne

by the Federal Government and by the

States; except that -

(i) the Federal share of such program costs shall not exceed 75

percent of the estimated program

cost stated in the agreement; and

(ii) the Federal share may be increased to 90 percent whenever two

or more States having a common
376 National Forest System Resource Management - Wildlife Management

interest in one or more endangered

or threatened species, the conservation of which may be enhanced by

cooperation of such States, enter

jointly into an agreement with the

Secretary.

The Secretary may, in his discretion,

and under such rules and regulations as

he may prescribe, advance funds to the

State for financing the United States pro

rata share agreed upon in the cooperative agreement. For the purposes of this

section, the non-Federal share may, in

the discretion of the Secretary, be in the

form of money or real property, the

value of which will be determined by

the Secretary, whose decision shall be

final.

(e) Review of State programs

Any action taken by the Secretary under

this section shall be subject to his periodic

review at no greater than annual intervals.

(f) Conflicts between Federal and State

laws

Any State law or regulation which applies

with respect to the importation or exportation of, or interstate or foreign commerce in, endangered species or threatened species is void to the extent that it

may effectively (1) permit what is

prohibited by this chapter or by any

regulation which implements this chapter,

or (2) prohibit what is authorized pursuant

to an exemption or permit provided for in

this chapter or in any regulation which

implements this chapter. This chapter

shall not otherwise be construed to void

any State law or regulation which is

intended to conserve migratory, resident,

or introduced fish or wildlife, or to permit

or prohibit sale of such fish or wildlife.

Any State law or regulation respecting

the taking of an endangered species or

threatened species may be more restrictive than the exemptions or permits

provided for in this chapter or in any

regulation which implements this chapter

but not less restrictive than the prohibitions so defined.

(g) Transition

(1) For purposes of this subsection, the

term “establishment period” means,

with respect to any State, the period

beginning on December 28, 1973, and

ending on whichever of the following

dates first occurs: (A) the date of the

close of the 120-day period following

the adjournment of the first regular

session of the legislature of such State

which commences after December 28,

1973, or (B) the date of the close of the

15-month period following December

28, 1973.

(2) The prohibitions set forth in or

authorized pursuant to sections 1533(d)

and 1538(a)(1)(B) of this title shall not

apply with respect to the taking of any

resident endangered species or threatened species (other than species listed

in Appendix I to the Convention or

otherwise specifically covered by any

other treaty or Federal law) within any

State -

(A) which is then a party to a cooperative agreement with the Secretary

pursuant to subsection (c) of this

section (except to the extent that the
National Forest System Resource Management - Wildlife Management 377

taking of any such species is contrary

to the law of such State); or (B)

except for any time within the establishment period when -

(i) the Secretary applies such

prohibition to such species at the

request of the State, or

(ii) the Secretary applies such

prohibition after he finds, and

publishes his finding, that an emergency exists posing a significant risk

to the well-being of such species and

that the prohibition must be applied

to protect such species. The

Secretary’s finding and publication

may be made without regard to the

public hearing or comment provisions

of section 553 of title 5 or any other

provision of this chapter; but such

prohibition shall expire 90 days after

the date of its imposition unless the

Secretary further extends such

prohibition by publishing notice and a

statement of justification of such

extension.

(h) Regulations

The Secretary is authorized to promulgate such regulations as may be appropriate to carry out the provisions of this

section relating to financial assistance to

States.

(i) Appropriations

(1) To carry out the provisions of this

section for fiscal years after September

30, 1988, there shall be deposited into a

special fund known as the cooperative

endangered species conservation fund,

to be administered by the Secretary, an

amount equal to 5 percent of the

combined amounts covered each fiscal

year into the Federal aid to wildlife

restoration fund under section 669b of

this title, and paid, transferred, or

otherwise credited each fiscal year to

the Sport Fishing Restoration Account

established under 1016 of the Act of

July 18, 1984.

(2) Amounts deposited into the special

fund are authorized to be appropriated

annually and allocated in accordance

with subsection (d) of this section. (16

U.S.C. 1535)

Interagency cooperation

Sec. 7 (a) Federal agency actions and

consultations

(1) The Secretary shall review other

programs administered by him and

utilize such programs in furtherance of

the purposes of this chapter. All other

Federal agencies shall, in consultation

with and with the assistance of the

Secretary, utilize their authorities in

furtherance of the purposes of this

chapter by carrying out programs for

the conservation of endangered species

and threatened species listed pursuant

to section 1533 of this title.

(2) Each Federal agency shall, in

consultation with and with the assistance of the Secretary, insure that any

action authorized, funded, or carried out

by such agency (hereinafter in this

section referred to as an “agency

action”) is not likely to jeopardize the

continued existence of any endangered

species or threatened species or result
378 National Forest System Resource Management - Wildlife Management

in the destruction or adverse modification of habitat of such species which is

determined by the Secretary, after

consultation as appropriate with affected States, to be critical, unless such

agency has been granted an exemption

for such action by the Committee

pursuant to subsection (h) of this

section. In fulfilling the requirements of

this paragraph each agency shall use

the best scientific and commercial data

available.

(3) Subject to such guidelines as the

Secretary may establish, a Federal

agency shall consult with the Secretary

on any prospective agency action at the

request of, and in cooperation with, the

prospective permit or license applicant if

the applicant has reason to believe that

an endangered species or a threatened

species may be present in the area

affected by his project and that implementation of such action will likely

affect such species.

(4) Each Federal agency shall confer

with the Secretary on any agency action

which is likely to jeopardize the continued existence of any species proposed

to be listed under section 1533 of this

title or result in the destruction or

adverse modification of critical habitat

proposed to be designated for such

species. This paragraph does not

require a limitation on the commitment

of resources as described in subsection

(d) of this section.

(b) Opinion of Secretary

(1)(A) Consultation under subsection

(a)(2) of this section with respect to any

agency action shall be concluded within

the 90-day period beginning on the date

on which initiated or, subject to subparagraph (B), within such other period of

time as is mutually agreeable to the

Secretary and the Federal agency.

(B) In the case of an agency action

involving a permit or license applicant,

the Secretary and the Federal agency

may not mutually agree to conclude

consultation within a period exceeding

90 days unless the Secretary, before

the close of the 90th day referred to in

subparagraph (A) -

(i) if the consultation period proposed

to be agreed to will end before the

150th day after the date on which

consultation was initiated, submits to

the applicant a written statement

setting forth -

(I) the reasons why a longer period

is required,

(II) the information that is required

to complete the consultation, and

(III) the estimated date on which

consultation will be completed; or

(ii) if the consultation period proposed to be agreed to will end 150 or

more days after the date on which

consultation was initiated, obtains the

consent of the applicant to such

period. The Secretary and the

Federal agency may mutually agree

to extend a consultation period

established under the preceding

sentence if the Secretary, before the

close of such period, obtains the

consent of the applicant to the
National Forest System Resource Management - Wildlife Management 379

extension.

(2) Consultation under subsection (a)(3)

of this section shall be concluded within

such period as is agreeable to the

Secretary, the Federal agency, and the

applicant concerned.

(3)(A) Promptly after conclusion of

consultation under paragraph (2) or (3)

of subsection (a) of this section, the

Secretary shall provide to the Federal

agency and the applicant, if any, a

written statement setting forth the

Secretary’s opinion, and a summary of

the information on which the opinion is

based, detailing how the agency action

affects the species or its critical habitat.

If jeopardy or adverse modification is

found, the Secretary shall suggest those

reasonable and prudent alternatives

which he believes would not violate

subsection (a)(2) of this section and can

be taken by the Federal agency or

applicant in implementing the agency

action.

(B) Consultation under subsection

(a)(3) of this section, and an opinion

issued by the Secretary incident to

such consultation, regarding an agency

action shall be treated respectively as

a consultation under subsection (a)(2)

of this section, and as an opinion

issued after consultation under such

subsection, regarding that action if the

Secretary reviews the action before it

is commenced by the Federal agency

and finds, and notifies such agency,

that no significant changes have been

made with respect to the action and

that no significant change has occurred regarding the information used

during the initial consultation.

(4) If after consultation under subsection (a)(2) of this section, the Secretary

concludes that -

(A) the agency action will not violate

such subsection, or offers reasonable

and prudent alternatives which the

Secretary believes would not violate

such subsection;

(B) the taking of an endangered

species or a threatened species

incidental to the agency action will not

violate such subsection; and

(C) if an endangered species or

threatened species of a marine

mammal is involved, the taking is

authorized pursuant to section

1371(a)(5) of this title; the Secretary

shall provide the Federal agency and

the applicant concerned, if any, with a

written statement that -

(i) specifies the impact of such

incidental taking on the species,

(ii) specifies those reasonable and

prudent measures that the Secretary

considers necessary or appropriate

to minimize such impact,

(iii) in the case of marine mammals,

specifies those measures that are

necessary to comply with section

1371(a)(5) of this title with regard to

such taking, and

(iv) sets forth the terms and conditions (including, but not limited to,

reporting requirements) that must be

complied with by the Federal agency

or applicant (if any), or both, to
380 National Forest System Resource Management - Wildlife Management

implement the measures specified

under clauses (ii) and (iii).

(c) Biological assessment

(1) To facilitate compliance with the

requirements of subsection (a)(2) of this

section, each Federal agency shall, with

respect to any agency action of such

agency for which no contract for

construction has been entered into and

for which no construction has begun on

November 10, 1978, request of the

Secretary information whether any

species which is listed or proposed to be

listed may be present in the area of

such proposed action. If the Secretary

advises, based on the best scientific and

commercial data available, that such

species may be present, such agency

shall conduct a biological assessment

for the purpose of identifying any

endangered species or threatened

species which is likely to be affected by

such action. Such assessment shall be

completed within 180 days after the

date on which initiated (or within such

other period as is mutually agreed to by

the Secretary and such agency, except

that if a permit or license applicant is

involved, the 180-day period may not be

extended unless such agency provides

the applicant, before the close of such

period, with a written statement setting

forth the estimated length of the proposed extension and the reasons

therefor) and, before any contract for

construction is entered into and before

construction is begun with respect to

such action. Such assessment may be

undertaken as part of a Federal

agency’s compliance with the requirements of section 102 of the National

Environmental Policy Act of 1969 (42

U.S.C. 4332).

(2) Any person who may wish to apply

for an exemption under subsection (g)

of this section for that action may

conduct a biological assessment to

identify any endangered species or

threatened species which is likely to be

affected by such action. Any such

biological assessment must, however, be

conducted in cooperation with the

Secretary and under the supervision of

the appropriate Federal agency.

(d) Limitation on commitment of resources

After initiation of consultation required

under subsection (a)(2) of this section,

the Federal agency and the permit or

license applicant shall not make any

irreversible or irretrievable commitment

of resources with respect to the agency

action which has the effect of foreclosing

the formulation or implementation of any

reasonable and prudent alternative

measures which would not violate

subsection (a)(2) of this section.

(e) Endangered Species Committee

(1) There is established a committee to

be known as the Endangered Species

Committee (hereinafter in this section

referred to as the “Committee”).

(2) The Committee shall review any

application submitted to it pursuant to

this section and determine in accordance with subsection (h) of this section

whether or not to grant an exemption

from the requirements of subsection
National Forest System Resource Management - Wildlife Management 381

(a)(2) of this section for the action set

forth in such application.

(3) The Committee shall be composed

of seven members as follows:

(A) The Secretary of Agriculture.

(B) The Secretary of the Army.

(C) The Chairman of the Council of

Economic Advisors.

(D) The Administrator of the Environmental Protection Agency.

(E) The Secretary of the Interior.

(F) The Administrator of the National

Oceanic and Atmospheric Administration.

(G) The President, after consideration

of any recommendations received

pursuant to subsection (g)(2)(B) of

this section shall appoint one individual

from each affected State, as determined by the Secretary, to be a

member of the Committee for the

consideration of the application for

exemption for an agency action with

respect to which such recommendations are made, not later than 30 days

after an application is submitted

pursuant to this section.

(4)(A) Members of the Committee shall

receive no additional pay on account of

their service on the Committee.

(B) While away from their homes or

regular places of business in the

performance of services for the

Committee, members of the Committee shall be allowed travel expenses,

including per diem in lieu of subsistence, in the same manner as persons

employed intermittently in the Government service are allowed expenses

under section 5703 of title 5.

(5)(A) Five members of the Committee

or their representatives shall constitute a

quorum for the transaction of any

function of the Committee, except that,

in no case shall any representative be

considered in determining the existence

of a quorum for the transaction of any

function of the Committee if that

function involves a vote by the Committee on any matter before the Committee.

(B) The Secretary of the Interior shall

be the Chairman of the Committee.

(C) The Committee shall meet at the

call of the Chairman or five of its

members.

(D) All meetings and records of the

Committee shall be open to the public.

(6) Upon request of the Committee, the

head of any Federal agency is authorized to detail, on a nonreimbursable

basis, any of the personnel of such

agency to the Committee to assist it in

carrying out its duties under this section.

(7)(A) The Committee may for the

purpose of carrying out its duties under

this section hold such hearings, sit and

act at such times and places, take such

testimony, and receive such evidence,

as the Committee deems advisable.

(B) When so authorized by the

Committee, any member or agent of

the Committee may take any action

which the Committee is authorized to

take by this paragraph.
382 National Forest System Resource Management - Wildlife Management

(C) Subject to the Privacy Act (5

U.S.C. 552a), the Committee may

secure directly from any Federal

agency information necessary to

enable it to carry out its duties under

this section. Upon request of the

Chairman of the Committee, the head

of such Federal agency shall furnish

such information to the Committee.

(D) The Committee may use the

United States mails in the same

manner and upon the same conditions

as a Federal agency.

(E) The Administrator of General

Services shall provide to the Committee on a reimbursable basis such

administrative support services as the

Committee may request.

(8) In carrying out its duties under this

section, the Committee may promulgate

and amend such rules, regulations, and

procedures, and issue and amend such

orders as it deems necessary.

(9) For the purpose of obtaining information necessary for the consideration

of an application for an exemption under

this section the Committee may issue

subpenas for the attendance and

testimony of witnesses and the production of relevant papers, books, and

documents.

(10) In no case shall any representative,

including a representative of a member

designated pursuant to paragraph (3)(G)

of this subsection, be eligible to cast a

vote on behalf of any member.

(f) Promulgation of regulations; form and

contents of exemption application

Not later than 90 days after November

10, 1978, the Secretary shall promulgate

regulations which set forth the form and

manner in which applications for exemption shall be submitted to the Secretary

and the information to be contained in

such applications. Such regulations shall

require that information submitted in an

application by the head of any Federal

agency with respect to any agency action

include, but not be limited to -

(1) a description of the consultation

process carried out pursuant to subsection (a)(2) of this section between the

head of the Federal agency and the

Secretary; and

(2) a statement describing why such

action cannot be altered or modified to

conform with the requirements of

subsection (a)(2) of this section.

(g) Application for exemption; report to

Committee

(1) A Federal agency, the Governor of

the State in which an agency action will

occur, if any, or a permit or license

applicant may apply to the Secretary for

an exemption for an agency action of

such agency if, after consultation under

subsection (a)(2) of this section, the

Secretary’s opinion under subsection (b)

of this section indicates that the agency

action would violate subsection (a)(2) of

this section. An application for an

exemption shall be considered initially

by the Secretary in the manner provided

for in this subsection, and shall be

considered by the Committee for a final

determination under subsection (h) of

this section after a report is made
National Forest System Resource Management - Wildlife Management 383

pursuant to paragraph (5). The applicant

for an exemption shall be referred to as

the “exemption applicant” in this

section.

(2)(A) An exemption applicant shall

submit a written application to the

Secretary, in a form prescribed under

subsection (f) of this section, not later

than 90 days after the completion of the

consultation process; except that, in the

case of any agency action involving a

permit or license applicant, such application shall be submitted not later than

90 days after the date on which the

Federal agency concerned takes final

agency action with respect to the

issuance of the permit or license. For

purposes of the preceding sentence, the

term “final agency action” means (i) a

disposition by an agency with respect to

the issuance of a permit or license that

is subject to administrative review,

whether or not such disposition is

subject to judicial review; or (ii) if

administrative review is sought with

respect to such disposition, the decision

resulting after such review. Such

application shall set forth the reasons

why the exemption applicant considers

that the agency action meets the

requirements for an exemption under

this subsection.

(B) Upon receipt of an application for

exemption for an agency action under

paragraph (1), the Secretary shall

promptly (i) notify the Governor of

each affected State, if any, as determined by the Secretary, and request

the Governors so notified to recommend individuals to be appointed to the

Endangered Species Committee for

consideration of such application; and

(ii) publish notice of receipt of the

application in the Federal Register,

including a summary of the information contained in the application and a

description of the agency action with

respect to which the application for

exemption has been filed.

(3) The Secretary shall within 20 days

after the receipt of an application for

exemption, or within such other period

of time as is mutually agreeable to the

exemption applicant and the Secretary -

(A) determine that the Federal agency

concerned and the exemption applicant have -

(i) carried out the consultation

responsibilities described in subsection (a) of this section in good faith

and made a reasonable and responsible effort to develop and fairly

consider modifications or reasonable

and prudent alternatives to the

proposed agency action which would

not violate subsection (a)(2) of this

section;

(ii) conducted any biological assessment required by subsection (c) of

this section; and

(iii) to the extent determinable within

the time provided herein, refrained

from making any irreversible or

irretrievable commitment of resources prohibited by subsection (d)

of this section; or

(B) deny the application for exemption

because the Federal agency con-
384 National Forest System Resource Management - Wildlife Management

cerned or the exemption applicant

have not met the requirements set

forth in subparagraph (A)(i), (ii), and

(iii). The denial of an application under

subparagraph (B) shall be considered

final agency action for purposes of

chapter 7 of title 5.

(4) If the Secretary determines that the

Federal agency concerned and the

exemption applicant have met the

requirements set forth in paragraph

(3)(A)(i), (ii), and (iii) he shall, in

consultation with the Members of the

Committee, hold a hearing on the

application for exemption in accordance

with sections 554, 555, and 556 (other

than subsection (b)(1) and (2) thereof)

of title 5 and prepare the report to be

submitted pursuant to paragraph (5).

(5) Within 140 days after making the

determinations under paragraph (3) or

within such other period of time as is

mutually agreeable to the exemption

applicant and the Secretary, the Secretary shall submit to the Committee a

report discussing -

(A) the availability of reasonable and

prudent alternatives to the agency

action, and the nature and extent of

the benefits of the agency action and

of alternative courses of action

consistent with conserving the species

or the critical habitat;

(B) a summary of the evidence

concerning whether or not the agency

action is in the public interest and is of

national or regional significance;

(C) appropriate reasonable mitigation

and enhancement measures which

should be considered by the Committee; and

(D) whether the Federal agency

concerned and the exemption applicant refrained from making any

irreversible or irretrievable commitment of resources prohibited by

subsection (d) of this section.

(6) To the extent practicable within the

time required for action under subsection (g) of this section, and except to the

extent inconsistent with the requirements of this section, the consideration

of any application for an exemption

under this section and the conduct of

any hearing under this subsection shall

be in accordance with sections 554, 555,

and 556 (other than subsection (b)(3) of

section 556) of title 5.

(7) Upon request of the Secretary, the

head of any Federal agency is authorized to detail, on a nonreimbursable

basis, any of the personnel of such

agency to the Secretary to assist him in

carrying out his duties under this

section.

(8) All meetings and records resulting

from activities pursuant to this subsection shall be open to the public.

(h) Grant of exemption

(1) The Committee shall make a final

determination whether or not to grant an

exemption within 30 days after receiving the report of the Secretary pursuant

to subsection (g)(5) of this section. The

Committee shall grant an exemption

from the requirements of subsection

(a)(2) of this section for an agency
National Forest System Resource Management - Wildlife Management 385

action if, by a vote of not less than five

of its members voting in person -

(A) it determines on the record, based

on the report of the Secretary, the

record of the hearing held under

subsection (g)(4) of this section and on

such other testimony or evidence as it

may receive, that -

(i) there are no reasonable and

prudent alternatives to the agency

action;

(ii) the benefits of such action clearly

outweigh the benefits of alternative

courses of action consistent with

conserving the species or its critical

habitat, and such action is in the

public interest;

(iii) the action is of regional or

national significance; and

(iv) neither the Federal agency

concerned nor the exemption

applicant made any irreversible or

irretrievable commitment of resources prohibited by subsection (d)

of this section; and

(B) it establishes such reasonable

mitigation and enhancement measures,

including, but not limited to, live

propagation, transplantation, and

habitat acquisition and improvement,

as are necessary and appropriate to

minimize the adverse effects of the

agency action upon the endangered

species, threatened species, or critical

habitat concerned. Any final determination by the Committee under this

subsection shall be considered final

agency action for purposes of chapter

7 of title 5.

(2)(A) Except as provided in subparagraph (B), an exemption for an agency

action granted under paragraph (1) shall

constitute a permanent exemption with

respect to all endangered or threatened

species for the purposes of completing

such agency action -

(i) regardless whether the species

was identified in the biological

assessment; and

(ii) only if a biological assessment

has been conducted under subsection (c) of this section with respect

to such agency action.

(B) An exemption shall be permanent

under subparagraph (A) unless -

(i) the Secretary finds, based on the

best scientific and commercial data

available, that such exemption would

result in the extinction of a species

that was not the subject of consultation under subsection (a)(2) of this

section or was not identified in any

biological assessment conducted

under subsection (c) of this section,

and

(ii) the Committee determines within

60 days after the date of the

Secretary’s finding that the exemption should not be permanent.

If the Secretary makes a finding

described in clause (i), the Committee

shall meet with respect to the matter

within 30 days after the date of the

finding.
386 National Forest System Resource Management - Wildlife Management

(i) Review by Secretary of State; violation of international treaty or other

international obligation of United States

Notwithstanding any other provision of

this chapter, the Committee shall be

prohibited from considering for exemption

any application made to it, if the Secretary of State, after a review of the

proposed agency action and its potential

implications, and after hearing, certifies,

in writing, to the Committee within 60

days of any application made under this

section that the granting of any such

exemption and the carrying out of such

action would be in violation of an international treaty obligation or other international obligation of the United States. The

Secretary of State shall, at the time of

such certification, publish a copy thereof

in the Federal Register.

(j) Exemption for national security

reasons

Notwithstanding any other provision of

this chapter, the Committee shall grant an

exemption for any agency action if the

Secretary of Defense finds that such

exemption is necessary for reasons of

national security.

(k) Exemption decision not considered

major Federal action; environmental

impact statement

An exemption decision by the Committee

under this section shall not be a major

Federal action for purposes of the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.): Provided, That

an environmental impact statement which

discusses the impacts upon endangered

species or threatened species or their

critical habitats shall have been previously

prepared with respect to any agency

action exempted by such order.

(l) Committee order granting exemption;

cost of mitigation and enhancement

measures; report by applicant to Council

on Environmental Quality

(1) If the Committee determines under

subsection (h) of this section that an

exemption should be granted with

respect to any agency action, the

Committee shall issue an order granting

the exemption and specifying the

mitigation and enhancement measures

established pursuant to subsection (h) of

this section which shall be carried out

and paid for by the exemption applicant

in implementing the agency action. All

necessary mitigation and enhancement

measures shall be authorized prior to the

implementing of the agency action and

funded concurrently with all other

project features.

(2) The applicant receiving such exemption shall include the costs of such

mitigation and enhancement measures

within the overall costs of continuing the

proposed action. Notwithstanding the

preceding sentence the costs of such

measures shall not be treated as project

costs for the purpose of computing

benefit-cost or other ratios for the

proposed action. Any applicant may

request the Secretary to carry out such

mitigation and enhancement measures.

The costs incurred by the Secretary in

carrying out any such measures shall be

paid by the applicant receiving the

exemption. No later than one year after

the granting of an exemption, the
National Forest System Resource Management - Wildlife Management 387

exemption applicant shall submit to the

Council on Environmental Quality a

report describing its compliance with the

mitigation and enhancement measures

prescribed by this section. Such a report

shall be submitted annually until all such

mitigation and enhancement measures

have been completed. Notice of the

public availability of such reports shall

be published in the Federal Register by

the Council on Environmental Quality.

(m) Notice requirement for citizen suits

not applicable

The 60-day notice requirement of section

1540(g) of this title shall not apply with

respect to review of any final determination of the Committee under subsection

(h) of this section granting an exemption

from the requirements of subsection

(a)(2) of this section.

(n) Judicial review

Any person, as defined by section

1532(13) of this title, may obtain judicial

review, under chapter 7 of title 5, of any

decision of the Endangered Species

Committee under subsection (h) of this

section in the United States Court of

Appeals for (1) any circuit wherein the

agency action concerned will be, or is

being, carried out, or (2) in any case in

which the agency action will be, or is

being, carried out outside of any circuit,

the District of Columbia, by filing in such

court within 90 days after the date of

issuance of the decision, a written petition

for review. A copy of such petition shall

be transmitted by the clerk of the court to

the Committee and the Committee shall

file in the court the record in the proceeding, as provided in section 2112 of title 28.

Attorneys designated by the Endangered

Species Committee may appear for, and

represent the Committee in any action for

review under this subsection.

(o) Exemption as providing exception on

taking of endangered species

Notwithstanding sections 1533(d) and

1538(a)(1)(B) and (C) of this title,

sections 1371 and 1372 of this title, or

any regulation promulgated to implement

any such section -

(1) any action for which an exemption is

granted under subsection (h) of this

section shall not be considered to be a

taking of any endangered species or

threatened species with respect to any

activity which is necessary to carry out

such action; and

(2) any taking that is in compliance with

the terms and conditions specified in a

written statement provided under

subsection (b)(4)(iv) of this section shall

not be considered to be a prohibited

taking of the species concerned.

(p) Exemptions in Presidentially declared

disaster areas In any area which has

been declared by the President to be a

major disaster area under the Disaster

Relief and Emergency Assistance Act

(42 U.S.C. 5121 et seq.), the President is

authorized to make the determinations

required by subsections (g) and (h) of this

section for any project for the repair or

replacement of a public facility substantially as it existed prior to the disaster

under section 405 or 406 of the Disaster

Relief and Emergency Assistance Act

(42 U.S.C. 5171 or 5172), and which the
388 National Forest System Resource Management - Wildlife Management

President determines (1) is necessary to

prevent the recurrence of such a natural

disaster and to reduce the potential loss

of human life, and (2) to involve an

emergency situation which does not allow

the ordinary procedures of this section to

be followed. Notwithstanding any other

provision of this section, the Committee

shall accept the determinations of the

President under this subsection. (16

U.S.C. 1536)

International cooperation

Sec. 8 (a) Financial assistance

As a demonstration of the commitment of

the United States to the worldwide

protection of endangered species and

threatened species, the President may,

subject to the provisions of section 1306

of title 31, use foreign currencies accruing to the United States Government

under the Agricultural Trade Development and Assistance Act of 1954 (7

U.S.C. 1691 et seq.) or any other law to

provide to any foreign country (with its

consent) assistance in the development

and management of programs in that

country which the Secretary determines

to be necessary or useful for the conservation of any endangered species or

threatened species listed by the Secretary

pursuant to section 1533 of this title. The

President shall provide assistance (which

includes, but is not limited to, the acquisition, by lease or otherwise, of lands,

waters, or interests therein) to foreign

countries under this section under such

terms and conditions as he deems appropriate. Whenever foreign currencies are

available for the provision of assistance

under this section, such currencies shall

be used in preference to funds appropriated under the authority of section 1542

of this title.

(b) Encouragement of foreign programs

In order to carry out further the provisions of this chapter, the Secretary,

through the Secretary of State, shall

encourage -

(1) foreign countries to provide for the

conservation of fish or wildlife and

plants including endangered species and

threatened species listed pursuant to

section 1533 of this title;

(2) the entering into of bilateral or

multilateral agreements with foreign

countries to provide for such conservation; and

(3) foreign persons who directly or

indirectly take fish or wildlife or plants

in foreign countries or on the high seas

for importation into the United States

for commercial or other purposes to

develop and carry out with such assistance as he may provide, conservation

practices designed to enhance such fish

or wildlife or plants and their habitat.

(c) Personnel

After consultation with the Secretary of

State, the Secretary may -

(1) assign or otherwise make available

any officer or employee of his department for the purpose of cooperating

with foreign countries and international

organizations in developing personnel

resources and programs which promote

the conservation of fish or wildlife or
National Forest System Resource Management - Wildlife Management 389

plants; and

(2) conduct or provide financial assistance for the educational training of

foreign personnel, in this country or

abroad, in fish, wildlife, or plant management, research and law enforcement

and to render professional assistance

abroad in such matters.

(d) Investigations

After consultation with the Secretary of

State and the Secretary of the Treasury,

as appropriate, the Secretary may

conduct or cause to be conducted such

law enforcement investigations and

research abroad as he deems necessary

to carry out the purposes of this chapter.

(16 U.S.C. 1537)

Convention implementation

Sec. 8(A) (a) Management Authority and

Scientific Authority

The Secretary of the Interior (hereinafter

in this section referred to as the ‘‘Secretary”) is designated as the Management

Authority and the Scientific Authority for

purposes of the Convention and the

respective functions of each such Authority shall be carried out through the

United States Fish and Wildlife Service.

(b) Management Authority functions

The Secretary shall do all things necessary and appropriate to carry out the

functions of the Management Authority

under the Convention.

(c) Scientific Authority functions; determinations

(1) The Secretary shall do all things

necessary and appropriate to carry out

the functions of the Scientific Authority

under the Convention.

(2) The Secretary shall base the determinations and advice given by him

under Article IV of the Convention with

respect to wildlife upon the best available biological information derived from

professionally accepted wildlife management practices; but is not required to

make, or require any State to make,

estimates of population size in making

such determinations or giving such

advice.

(d) Reservations by the United States

under Convention

If the United States votes against including any species in Appendix I or II of the

Convention and does not enter a reservation pursuant to paragraph (3) of Article

XV of the Convention with respect to

that species, the Secretary of State,

before the 90th day after the last day on

which such a reservation could be

entered, shall submit to the Committee on

Merchant Marine and Fisheries of the

House of Representatives, and to the

Committee on the Environment and

Public Works of the Senate, a written

report setting forth the reasons why such

a reservation was not entered.

(e) Wildlife preservation in Western

Hemisphere

(1) The Secretary of the Interior

(hereinafter in this subsection referred

to as the “Secretary”), in cooperation

with the Secretary of State, shall act on

behalf of, and represent, the United

States in all regards as required by the
390 National Forest System Resource Management - Wildlife Management

Convention on Nature Protection and

Wildlife Preservation in the Western

Hemisphere (56 Stat. 1354, T.S. 982,

hereinafter in this subsection referred to

as the “Western Convention”). In the

discharge of these responsibilities, the

Secretary and the Secretary of State

shall consult with the Secretary of

Agriculture, the Secretary of Commerce, and the heads of other agencies

with respect to matters relating to or

affecting their areas of responsibility.

(2) The Secretary and the Secretary of

State shall, in cooperation with the

contracting parties to the Western

Convention and, to the extent feasible

and appropriate, with the participation of

State agencies, take such steps as are

necessary to implement the Western

Convention. Such steps shall include,

but not be limited to

(A) cooperation with contracting

parties and international organizations

for the purpose of developing personnel resources and programs that will

facilitate implementation of the

Western Convention;

(B) identification of those species of

birds that migrate between the United

States and other contracting parties,

and the habitats upon which those

species depend, and the implementation of cooperative measures to ensure

that such species will not become

endangered or threatened; and

(C) identification of measures that are

necessary and appropriate to implement those provisions of the Western

Convention which address the protection of wild plants.

(3) No later than September 30, 1985,

the Secretary and the Secretary of

State shall submit a report to Congress

describing those steps taken in accordance with the requirements of this

subsection and identifying the principal

remaining actions yet necessary for

comprehensive and effective implementation of the Western Convention.

(4) The provisions of this subsection

shall not be construed as affecting the

authority, jurisdiction, or responsibility of

the several States to manage, control, or

regulate resident fish or wildlife under

State law or regulations. (16 U.S.C.

1537a)

Prohibited acts

Sec. 9 (a) Generally

(1) Except as provided in sections

1535(g)(2) and 1539 of this title, with

respect to any endangered species of

fish or wildlife listed pursuant to section

1533 of this title it is unlawful for any

person subject to the jurisdiction of the

United States to -

(A) import any such species into, or

export any such species from the

United States;

(B) take any such species within the

United States or the territorial sea of

the United States;

(C) take any such species upon the

high seas;

(D) possess, sell, deliver, carry,

transport, or ship, by any means
National Forest System Resource Management - Wildlife Management 391

whatsoever, any such species taken in

violation of subparagraphs (B) and

(C);

(E) deliver, receive, carry, transport, or

ship in interstate or foreign commerce,

by any means whatsoever and in the

course of commercial activity, any

such species;

(F) sell or offer for sale in interstate or

foreign commerce any such species;

or

(G) violate any regulation pertaining to

such species or to any threatened

species of fish or wildlife listed

pursuant to section 1533 of this title

and promulgated by the Secretary

pursuant to authority provided by this

chapter.

(2) Except as provided in sections

1535(g)(2) and 1539 of this title, with

respect to any endangered species of

plants listed pursuant to section 1533 of

this title, it is unlawful for any person

subject to the jurisdiction of the United

States to -

(A) import any such species into, or

export any such species from, the

United States;

(B) remove and reduce to possession

any such species from areas under

Federal jurisdiction; maliciously

damage or destroy any such species

on any such area; or remove, cut, dig

up, or damage or destroy any such

species on any other area in knowing

violation of any law or regulation of

any State or in the course of any

violation of a State criminal trespass

law;

(C) deliver, receive, carry, transport, or

ship in interstate or foreign commerce,

by any means whatsoever and in the

course of a commercial activity, any

such species;

(D) sell or offer for sale in interstate

or foreign commerce any such species; or (E) violate any regulation

pertaining to such species or to any

threatened species of plants listed

pursuant to section 1533 of this title

and promulgated by the Secretary

pursuant to authority provided by this

chapter.

(b) Species held in captivity or controlled

environment

(1) The provisions of subsections

(a)(1)(A) and (a)(1)(G) of this section

shall not apply to any fish or wildlife

which was held in captivity or in a

controlled environment on (A) December 28, 1973, or (B) the date of the

publication in the Federal Register of a

final regulation adding such fish or

wildlife species to any list published

pursuant to subsection (c) of section

1533 of this title: Provided, That such

holding and any subsequent holding or

use of the fish or wildlife was not in the

course of a commercial activity. With

respect to any act prohibited by subsections (a)(1)(A) and (a)(1)(G) of this

section which occurs after a period of

180 days from (i) December 28, 1973,

or (ii) the date of publication in the

Federal Register of a final regulation

adding such fish or wildlife species to

any list published pursuant to subsection
392 National Forest System Resource Management - Wildlife Management

(c) of section 1533 of this title, there

shall be a rebuttable presumption that

the fish or wildlife involved in such act

is not entitled to the exemption contained in this subsection.

(2)(A) The provisions of subsection

(a)(1) of this section shall not apply to -

(i) any raptor legally held in captivity

or in a controlled environment on

November 10, 1978; or

(ii) any progeny of any raptor

described in clause (i); until such

time as any such raptor or progeny is

intentionally returned to a wild state.

(B) Any person holding any raptor or

progeny described in subparagraph

(A) must be able to demonstrate that

the raptor or progeny does, in fact,

qualify under the provisions of this

paragraph, and shall maintain and

submit to the Secretary, on request,

such inventories, documentation, and

records as the Secretary may by

regulation require as being reasonably

appropriate to carry out the purposes

of this paragraph. Such requirements

shall not unnecessarily duplicate the

requirements of other rules and

regulations promulgated by the Secretary.

(c) Violation of Convention

(1) It is unlawful for any person subject

to the jurisdiction of the United States to

engage in any trade in any specimens

contrary to the provisions of the Convention, or to possess any specimens

traded contrary to the provisions of the

Convention, including the definitions of

terms in article I thereof.

(2) Any importation into the United

States of fish or wildlife shall, if -

(A) such fish or wildlife is not an

endangered species listed pursuant to

section 1533 of this title but is listed in

Appendix II to the Convention,

(B) the taking and exportation of such

fish or wildlife is not contrary to the

provisions of the Convention and all

other applicable requirements of the

Convention have been satisfied,

(C) the applicable requirements of

subsections (d), (e), and (f) of this

section have been satisfied, and

(D) such importation is not made in

the course of a commercial activity, be

presumed to be an importation not in

violation of any provision of this

chapter or any regulation issued

pursuant to this chapter.

(d) Imports and exports

(1) In general

It is unlawful for any person, without first

having obtained permission from the

Secretary, to engage in business -

(A) as an importer or exporter of fish

or wildlife (other than shellfish and

fishery products which (i) are not

listed pursuant to section 1533 of this

title as endangered species or threatened species, and (ii) are imported for

purposes of human or animal consumption or taken in waters under the

jurisdiction of the United States or on

the high seas for recreational purposes) or plants; or
National Forest System Resource Management - Wildlife Management 393

(B) as an importer or exporter of any

amount of raw or worked African

elephant ivory.

(2) Requirements Any person required to

obtain permission under paragraph (1) of

this subsection shall -

(A) keep such records as will fully and

correctly disclose each importation or

exportation of fish, wildlife, plants, or

African elephant ivory made by him

and the subsequent disposition made

by him with respect to such fish,

wildlife, plants, or ivory;

(B) at all reasonable times upon notice

by a duly authorized representative of

the Secretary, afford such representative access to his place of business, an

opportunity to examine his inventory of

imported fish, wildlife, plants, or

African elephant ivory and the records

required to be kept under subparagraph (A) of this paragraph, and to

copy such records; and

(C) file such reports as the Secretary

may require.

(3) Regulations

The Secretary shall prescribe such

regulations as are necessary and

appropriate to carry out the purposes of

this subsection.

(4) Restriction on consideration of value

or amount of African elephant ivory

imported or exported

In granting permission under this

subsection for importation or exportation

of African elephant ivory, the Secretary

shall not vary the requirements for

obtaining such permission on the basis

of the value or amount of ivory imported

or exported under such permission.

(e) Reports

It is unlawful for any person importing or

exporting fish or wildlife (other than

shellfish and fishery products which (1)

are not listed pursuant to section 1533 of

this title as endangered or threatened

species, and (2) are imported for purposes of human or animal consumption or

taken in waters under the jurisdiction of

the United States or on the high seas for

recreational purposes) or plants to fail to

file any declaration or report as the

Secretary deems necessary to facilitate

enforcement of this chapter or to meet

the obligations of the Convention.

(f) Designation of ports

(1) It is unlawful for any person subject

to the jurisdiction of the United States to

import into or export from the United

States any fish or wildlife (other than

shellfish and fishery products which (A)

are not listed pursuant to section 1533

of this title as endangered species or

threatened species, and (B) are imported for purposes of human or animal

consumption or taken in waters under

the jurisdiction of the United States or

on the high seas for recreational purposes) or plants, except at a port or

ports designated by the Secretary of the

Interior. For the purpose of facilitating

enforcement of this chapter and reducing the costs thereof, the Secretary of

the Interior, with approval of the Secretary of the Treasury and after notice

and opportunity for public hearing, may,

by regulation, designate ports and
394 National Forest System Resource Management - Wildlife Management

change such designations. The Secretary of the Interior, under such terms

and conditions as he may prescribe,

may permit the importation or exportation at nondesignated ports in the

interest of the health or safety of the

fish or wildlife or plants, or for other

reasons, if, in his discretion, he deems it

appropriate and consistent with the

purpose of this subsection.

(2) Any port designated by the Secretary of the Interior under the authority

of section 668cc-4(d) (Section 668cc-4

was repealed.) of this title, shall, if such

designation is in effect on December 27,

1973, be deemed to be a port designated

by the Secretary under paragraph (1) of

this subsection until such time as the

Secretary otherwise provides.

(g) Violations

It is unlawful for any person subject to

the jurisdiction of the United States to

attempt to commit, solicit another to

commit, or cause to be committed, any

offense defined in his section. (16 U.S.C.

1538)

Exceptions

Sec. 10 (a) Permits

(1) The Secretary may permit, under

such terms and conditions as he shall

prescribe -

(A) any act otherwise prohibited by

section 1538 of this title for scientific

purposes or to enhance the propagation or survival of the affected species,

including, but not limited to, acts

necessary for the establishment and

maintenance of experimental populations pursuant to subsection (j) of this

section; or

(B) any taking otherwise prohibited by

section 1538(a)(1)(B) of this title if

such taking is incidental to, and not the

purpose of, the carrying out of an

otherwise lawful activity.

(2)(A) No permit may be issued by the

Secretary authorizing any taking referred to in paragraph (1)(B) unless the

applicant therefor submits to the Secretary a conservation plan that specifies -

(i) the impact which will likely result

from such taking;

(ii) what steps the applicant will take

to minimize and mitigate such

impacts, and the funding that will be

available to implement such steps;

(iii) what alternative actions to such

taking the applicant considered and

the reasons why such alternatives

are not being utilized; and (iv) such

other measures that the Secretary

may require as being necessary or

appropriate for purposes of the plan.

(B) If the Secretary finds, after

opportunity for public comment, with

respect to a permit application and the

related conservation plan that -

(i) the taking will be incidental;

(ii) the applicant will, to the maximum extent practicable, minimize

and mitigate the impacts of such

taking;

(iii) the applicant will ensure that

adequate funding for the plan will be

provided;
National Forest System Resource Management - Wildlife Management 395

(iv) the taking will not appreciably

reduce the likelihood of the survival

and recovery of the species in the

wild; and (v) the measures, if any,

required under subparagraph (A)(iv)

will be met; and he has received

such other assurances as he may

require that the plan will be implemented, the Secretary shall issue the

permit. The permit shall contain such

terms and conditions as the Secretary deems necessary or appropriate

to carry out the purposes of this

paragraph, including, but not limited

to, such reporting requirements as

the Secretary deems necessary for

determining whether such terms and

conditions are being complied with.

(C) The Secretary shall revoke a

permit issued under this paragraph if

he finds that the permittee is not

complying with the terms and conditions of the permit.

(b) Hardship exemptions

 (1) If any person enters into a contract

with respect to a species of fish or

wildlife or plant before the date of the

publication in the Federal Register of

notice of consideration of that species

as an endangered species and the

subsequent listing of that species as an

endangered species pursuant to section

1533 of this title will cause undue

economic hardship to such person under

the contract, the Secretary, in order to

minimize such hardship, may exempt

such person from the application of

section 1538(a) of this title to the extent

the Secretary deems appropriate if such

person applies to him for such exemption and includes with such application

such information as the Secretary may

require to prove such hardship; except

that (A) no such exemption shall be for

a duration of more than one year from

the date of publication in the Federal

Register of notice of consideration of

the species concerned, or shall apply to

a quantity of fish or wildlife or plants in

excess of that specified by the

Secretary;(B) the one-year period for

those species of fish or wildlife listed by

the Secretary as endangered prior to

December 28, 1973, shall expire in

accordance with the terms of section

668cc-3 (Section 668cc-3 was repealed.) of this title; and (C) no such

exemption may be granted for the

importation or exportation of a specimen

listed in Appendix I of the Convention

which is to be used in a commercial

activity.

(2) As used in this subsection, the term

“undue economic hardship” shall

include, but not be limited to:

(A) substantial economic loss resulting

from inability caused by this chapter to

perform contracts with respect to

species of fish and wildlife entered

into prior to the date of publication in

the Federal Register of a notice of

consideration of such species as an

endangered species;

(B) substantial economic loss to

persons who, for the year prior to the

notice of consideration of such species

as an endangered species, derived a

substantial portion of their income
396 National Forest System Resource Management - Wildlife Management

from the lawful taking of any listed

species, which taking would be made

unlawful under this chapter; or

(C) curtailment of subsistence taking

made unlawful under this chapter by

persons (i) not reasonably able to

secure other sources of subsistence;

and (ii) dependent to a substantial

extent upon hunting and fishing for

subsistence; and (iii) who must engage

in such curtailed taking for subsistence

purposes.

(3) The Secretary may make further

requirements for a showing of undue

economic hardship as he deems fit.

Exceptions granted under this section

may be limited by the Secretary in his

discretion as to time, area, or other

factor of applicability.

(c) Notice and review

The Secretary shall publish notice in the

Federal Register of each application for

an exemption or permit which is made

under this subsection. Each notice shall

invite the submission from interested

parties, within thirty days after the date

of the notice, of written data, views, or

arguments with respect to the application;

except that such thirty-day period may be

waived by the Secretary in an emergency

situation where the health or life of an

endangered animal is threatened and no

reasonable alternative is available to the

applicant, but notice of any such waiver

shall be published by the Secretary in the

Federal Register within ten days following the issuance of the exemption or

permit. Information received by the

Secretary as a part of any application

shall be available to the public as a matter

of public record at every stage of the

proceeding.

(d) Permit and exemption policy

The Secretary may grant exceptions

under subsections (a)(1)(A) and (b) of

this section only if he finds and publishes

his finding in the Federal Register that (1)

such exceptions were applied for in good

faith, (2) if granted and exercised will not

operate to the disadvantage of such

endangered species, and (3) will be

consistent with the purposes and policy

set forth in section 1531 of this title.

(e) Alaska natives

(1) Except as provided in paragraph (4)

of this subsection the provisions of this

chapter shall not apply with respect to

the taking of any endangered species or

threatened species, or the importation of

any such species taken pursuant to this

section, by -

(A) any Indian, Aleut, or Eskimo who

is an Alaskan Native who resides in

Alaska; or

(B) any non-native permanent resident

of an Alaskan native village; if such

taking is primarily for subsistence

purposes. Non-edible byproducts of

species taken pursuant to this section

may be sold in interstate commerce

when made into authentic native

articles of handicrafts and clothing;

except that the provisions of this

subsection shall not apply to any nonnative resident of an Alaskan native

village found by the Secretary to be

not primarily dependent upon the
National Forest System Resource Management - Wildlife Management 397

taking of fish and wildlife for consumption or for the creation and sale

of authentic native articles of handicrafts and clothing.

(2) Any taking under this subsection

may not be accomplished in a wasteful

manner.

(3) As used in this subsection -

(i) The term “subsistence” includes

selling any edible portion of fish or

wildlife in native villages and towns

in Alaska for native consumption

within native villages or towns; and

(ii) The term “authentic native

articles of handicrafts and clothing”

means items composed wholly or in

some significant respect of natural

materials, and which are produced,

decorated, or fashioned in the

exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or other

mass copying devices. Traditional

native handicrafts include, but are

not limited to, weaving, carving,

stitching, sewing, lacing, beading,

drawing, and painting.

(4) Notwithstanding the provisions of

paragraph (1) of this subsection, whenever the Secretary determines that any

species of fish or wildlife which is

subject to taking under the provisions of

this subsection is an endangered species

or threatened species, and that such

taking materially and negatively affects

the threatened or endangered species,

he may prescribe regulations upon the

taking of such species by any such

Indian, Aleut, Eskimo, or non-Native

Alaskan resident of an Alaskan native

village. Such regulations may be established with reference to species, geographical description of the area included, the season for taking, or any

other factors related to the reason for

establishing such regulations and

consistent with the policy of this chapter. Such regulations shall be prescribed

after a notice and hearings in the

affected judicial districts of Alaska and

as otherwise required by section 1373

of this title, and shall be removed as

soon as the Secretary determines that

the need for their impositions has

disappeared.

(f) Pre-Act endangered species parts

exemption; application and certification;

regulation; validity of sales contract;

separability; renewal of exemption;

expiration of renewal certification

(1) As used in this subsection -

(A) The term “pre-Act endangered

species part” means -

(i) any sperm whale oil, including

derivatives thereof, which was

lawfully held within the United

States on December 28, 1973, in the

course of a commercial activity; or

(ii) any finished scrimshaw product,

if such product or the raw material

for such product was lawfully held

within the United States on December 28, 1973, in the course of a

commercial activity.

(B) The term “scrimshaw product”

means any art form which involves the

substantial etching or engraving of

designs upon, or the substantial
398 National Forest System Resource Management - Wildlife Management

carving of figures, patterns, or designs

from, any bone or tooth of any marine

mammal of the order Cetacea. For

purposes of this subsection, polishing

or the adding of minor superficial

markings does not constitute substantial etching, engraving, or carving.

(2) The Secretary, pursuant to the

provisions of this subsection, may

exempt, if such exemption is not in

violation of the Convention, any pre-Act

endangered species part from one or

more of the following prohibitions:

(A) The prohibition on exportation

from the United States set forth in

section 1538(a)(1)(A) of this title.

(B) Any prohibition set forth in section

1538(a)(1)(E) or (F) of this title.

(3) Any person seeking an exemption

described in paragraph (2) of this

subsection shall make application

therefor to the Secretary in such form

and manner as he shall prescribe, but no

such application may be considered by

the Secretary unless the application -

(A) is received by the Secretary

before the close of the one-year

period beginning on the date on which

regulations promulgated by the Secretary to carry out this subsection first

take effect;

(B) contains a complete and detailed

inventory of all pre-Act endangered

species parts for which the applicant

seeks exemption;

(C) is accompanied by such documentation as the Secretary may require to

prove that any endangered species

part or product claimed by the applicant to be a pre-Act endangered

species part is in fact such a part; and

(D) contains such other information as

the Secretary deems necessary and

appropriate to carry out the purposes

of this subsection.

(4) If the Secretary approves any

application for exemption made under

this subsection, he shall issue to the

applicant a certificate of exemption

which shall specify -

(A) any prohibition in section 1538(a)

of this title which is exempted;

(B) the pre-Act endangered species

parts to which the exemption applies;

(C) the period of time during which

the exemption is in effect, but no

exemption made under this subsection

shall have force and effect after the

close of the three-year period beginning on the date of issuance of the

certificate unless such exemption is

renewed under paragraph (8); and

(D) any term or condition prescribed

pursuant to paragraph (5)(A) or (B),

or both, which the Secretary deems

necessary or appropriate.

(5) The Secretary shall prescribe such

regulations as he deems necessary and

appropriate to carry out the purposes of

this subsection. Such regulations may

set forth -

(A) terms and conditions which may

be imposed on applicants for exemptions under this subsection (including,

but not limited to, requirements that
National Forest System Resource Management - Wildlife Management 399

applicants register inventories, keep

complete sales records, permit duly

authorized agents of the Secretary to

inspect such inventories and records,

and periodically file appropriate

reports with the Secretary); and

(B) terms and conditions which may

be imposed on any subsequent purchaser of any pre-Act endangered

species part covered by an exemption

granted under this subsection; to

insure that any such part so exempted

is adequately accounted for and not

disposed of contrary to the provisions

of this chapter. No regulation prescribed by the Secretary to carry out

the purposes of this subsection shall be

subject to section 1533(f)(2)(A)(i) of

this title.

(6)(A) Any contract for the sale of preAct endangered species parts which is

entered into by the Administrator of

General Services prior to the effective

date of this subsection and pursuant to

the notice published in the Federal

Register on January 9, 1973, shall not be

rendered invalid by virtue of the fact

that fulfillment of such contract may be

prohibited under section 1538(a)(1)(F)

of this title.

(B) In the event that this paragraph is

held invalid, the validity of the remainder of this chapter, including the

remainder of this subsection, shall not

be affected.

(7) Nothing in this subsection shall be

construed to -

(A) exonerate any person from any

act committed in violation of paragraphs (1)(A), (1)(E), or (1)(F) of

section 1538(a) of this title prior to

July 12, 1976; or (B) immunize any

person from prosecution for any such

act.

(8)(A)(i) 3

 Any valid certificate of

exemption which was renewed after

October 13, 1982, and was in effect on

March 31, 1988, shall be deemed to be

renewed for a six-month period beginning on October 7, 1988. Any person

holding such a certificate may apply to

the Secretary for one additional renewal

of such certificate for a period not to

exceed 5 years beginning on October 7,

1988.

(B) If the Secretary approves any

application for renewal of an exemption under this paragraph, he shall

issue to the applicant a certificate of

renewal of such exemption which shall

provide that all terms, conditions,

prohibitions, and other regulations

made applicable by the previous

certificate shall remain in effect during

the period of the renewal.

(C) No exemption or renewal of such

exemption made under this subsection

shall have force and effect after the

expiration date of the certificate of

renewal of such exemption issued

under this paragraph.

(D) No person may, after January 31,

1984, sell or offer for sale in interstate

or foreign commerce, any pre-Act

finished scrimshaw product unless

such person holds a valid certificate of

exemption issued by the Secretary

under this subsection, and unless such
400 National Forest System Resource Management - Wildlife Management

product or the raw material for such

product was held by such person on

October 13, 1982.

(g) Burden of proof

In connection with any action alleging a

violation of section 1538 of this title, any

person claiming the benefit of any

exemption or permit under this chapter

shall have the burden of proving that the

exemption or permit is applicable, has

been granted, and was valid and in force

at the time of the alleged violation.

(h) Certain antique articles; importation;

port designation; application for return of

articles

(1) Sections 1533(d) and 1538(a) and

(c) of this title do not apply to any

article which -

(A) is not less than 100 years of age;

(B) is composed in whole or in part of

any endangered species or threatened

species listed under section 1533 of

this title;

(C) has not been repaired or modified

with any part of any such species on

or after December 28, 1973; and

(D) is entered at a port designated

under paragraph (3).

(2) Any person who wishes to import an

article under the exception provided by

this subsection shall submit to the

customs officer concerned at the time

of entry of the article such documentation as the Secretary of the Treasury,

after consultation with the Secretary of

the Interior, shall by regulation require

as being necessary to establish that the

article meets the requirements set forth

in paragraph (1)(A), (B), and (C).

(3) The Secretary of the Treasury, after

consultation with the Secretary of the

Interior, shall designate one port within

each customs region at which articles

described in paragraph (1)(A), (B), and

(C) must be entered into the customs

territory of the United States.

(4) Any person who imported, after

December 27, 1973, and on or before

November 10, 1978, any article described in paragraph (1) which -

(A) was not repaired or modified after

the date of importation with any part

of any endangered species or threatened species listed under section 1533

of this title;

(B) was forfeited to the United States

before November 10, 1978, or is

subject to forfeiture to the United

States on such date of enactment,

pursuant to the assessment of a civil

penalty under section 1540 of this title;

and

(C) is in the custody of the United

States on November 10, 1978; may,

before the close of the one-year

period beginning on November 10,

1978, make application to the Secretary for return of the article. Application shall be made in such form and

manner, and contain such documentation, as the Secretary prescribes. If on

the basis of any such application

which is timely filed, the Secretary is

satisfied that the requirements of this

paragraph are met with respect to the

article concerned, the Secretary shall
National Forest System Resource Management - Wildlife Management 401

return the article to the applicant and

the importation of such article shall, on

and after the date of return, be

deemed to be a lawful importation

under this chapter.

(i) Noncommercial transshipments

Any importation into the United States of

fish or wildlife shall, if -

(1) such fish or wildlife was lawfully

taken and exported from the country of

origin and country of reexport, if any;

(2) such fish or wildlife is in transit or

transshipment through any place subject

to the jurisdiction of the United States

en route to a country where such fish or

wildlife may be lawfully imported and

received;

(3) the exporter or owner of such fish

or wildlife gave explicit instructions not

to ship such fish or wildlife through any

place subject to the jurisdiction of the

United States, or did all that could have

reasonably been done to prevent

transshipment, and the circumstances

leading to the transshipment were

beyond the exporter’s or owner’s

control;

(4) the applicable requirements of the

Convention have been satisfied; and

(5) such importation is not made in the

course of a commercial activity, be an

importation not in violation of any

provision of this chapter or any regulation issued pursuant to this chapter

while such fish or wildlife remains in the

control of the United States Customs

Service.

(j) Experimental populations

(1) For purposes of this subsection, the

term “experimental population” means

any population (including any offspring

arising solely therefrom) authorized by

the Secretary for release under paragraph (2), but only when, and at such

times as, the population is wholly

separate geographically from

nonexperimental populations of the

same species.

(2)(A) The Secretary may authorize the

release (and the related transportation)

of any population (including eggs,

propagules, or individuals) of an endangered species or a threatened species

outside the current range of such

species if the Secretary determines that

such release will further the conservation of such species.

(B) Before authorizing the release of

any population under subparagraph

(A), the Secretary shall by regulation

identify the population and determine,

on the basis of the best available

information, whether or not such

population is essential to the continued

existence of an endangered species or

a threatened species.

(C) For the purposes of this chapter,

each member of an experimental

population shall be treated as a

threatened species; except that -

(i) solely for purposes of section

1536 of this title (other than subsection (a)(1) thereof), an experimental

population determined under subparagraph (B) to be not essential to

the continued existence of a species
402 National Forest System Resource Management - Wildlife Management

shall be treated, except when it

occurs in an area within the National

Wildlife Refuge System or the

National Park System, as a species

proposed to be listed under section

1533 of this title; and

(ii) critical habitat shall not be

designated under this chapter for any

experimental population determined

under subparagraph (B) to be not

essential to the continued existence

of a species.

(3) The Secretary, with respect to

populations of endangered species or

threatened species that the Secretary

authorized, before October 13, 1982, for

release in geographical areas separate

from the other populations of such

species, shall determine by regulation

which of such populations are an

experimental population for the purposes of this subsection and whether or

not each is essential to the continued

existence of an endangered species or a

threatened species. (16 U.S.C. 1539)

3

 So in original. No cl. (ii) has been

enacted.

Penalties and enforcement

Sec. 11 (a) Civil penalties

(1) Any person who knowingly violates,

and any person engaged in business as

an importer or exporter of fish, wildlife,

or plants who violates, any provision of

this chapter, or any provision of any

permit or certificate issued hereunder,

or of any regulation issued in order to

implement subsection (a)(1)(A), (B),

(C), (D), (E), or (F), (a)(2)(A), (B), (C),

or (D), (c), (d) (other than regulation

relating to recordkeeping or filing of

reports), (f) or (g) of section 1538 of

this title, may be assessed a civil penalty

by the Secretary of not more than

$25,000 for each violation. Any person

who knowingly violates, and any person

engaged in business as an importer or

exporter of fish, wildlife, or plants who

violates, any provision of any other

regulation issued under this chapter may

be assessed a civil penalty by the

Secretary of not more than $12,000 for

each such violation. Any person who

otherwise violates any provision of this

chapter, or any regulation, permit, or

certificate issued hereunder, may be

assessed a civil penalty by the Secretary of not more than $500 for each

such violation. No penalty may be

assessed under this subsection unless

such person is given notice and opportunity for a hearing with respect to such

violation. Each violation shall be a

separate offense. Any such civil penalty

may be remitted or mitigated by the

Secretary. Upon any failure to pay a

penalty assessed under this subsection,

the Secretary may request the Attorney

General to institute a civil action in a

district court of the United States for

any district in which such person is

found, resides, or transacts business to

collect the penalty and such court shall

have jurisdiction to hear and decide any

such action. The court shall hear such

action on the record made before the

Secretary and shall sustain his action if

it is supported by substantial evidence

on the record considered as a whole.
National Forest System Resource Management - Wildlife Management 403

(2) Hearings held during proceedings

for the assessment of civil penalties

authorized by paragraph (1) of this

subsection shall be conducted in accordance with section 554 of title 5. The

Secretary may issue subpenas for the

attendance and testimony of witnesses

and the production of relevant papers,

books, and documents, and administer

oaths. Witnesses summoned shall be

paid the same fees and mileage that are

paid to witnesses in the courts of the

United States. In case of contumacy or

refusal to obey a subpena served upon

any person pursuant to this paragraph,

the district court of the United States

for any district in which such person is

found or resides or transacts business,

upon application by the United States

and after notice to such person, shall

have jurisdiction to issue an order

requiring such person to appear and

give testimony before the Secretary or

to appear and produce documents

before the Secretary, or both, and any

failure to obey such order of the court

may be punished by such court as a

contempt thereof.

(3) Notwithstanding any other provision

of this chapter, no civil penalty shall be

imposed if it can be shown by a preponderance of the evidence that the

defendant committed an act based on a

good faith belief that he was acting to

protect himself or herself, a member of

his or her family, or any other individual

from bodily harm, from any endangered

or threatened species.

(b) Criminal violations

(1) Any person who knowingly violates

any provision of this chapter, of any

permit or certificate issued hereunder,

or of any regulation issued in order to

implement subsection (a)(1)(A), (B),

(C), (D), (E), or (F), (a)(2)(A), (B), (C),

or (D), (c), (d) (other than a regulation

relating to recordkeeping, or filing of

reports), (f), or (g) of section 1538 of

this title shall, upon conviction, be fined

not more than $50,000 or imprisoned for

not more than one year, or both. Any

person who knowingly violates any

provision of any other regulation issued

under this chapter shall, upon conviction,

be fined not more than $25,000 or

imprisoned for not more than six

months, or both.

(2) The head of any Federal agency

which has issued a lease, license,

permit, or other agreement authorizing a

person to import or export fish, wildlife,

or plants, or to operate a quarantine

station for imported wildlife, or authorizing the use of Federal lands, including

grazing of domestic livestock, to any

person who is convicted of a criminal

violation of this chapter or any regulation, permit, or certificate issued hereunder may immediately modify, suspend,

or revoke each lease, license, permit, or

other agreement. The Secretary shall

also suspend for a period of up to one

year, or cancel, any Federal hunting or

fishing permits or stamps issued to any

person who is convicted of a criminal

violation of any provision of this chapter

or any regulation, permit, or certificate

issued hereunder. The United States

shall not be liable for the payments of
404 National Forest System Resource Management - Wildlife Management

any compensation, reimbursement, or

damages in connection with the modification, suspension, or revocation of any

leases, licenses, permits, stamps, or

other agreements pursuant to this

section.

(3) Notwithstanding any other provision

of this chapter, it shall be a defense to

prosecution under this subsection if the

defendant committed the offense based

on a good faith belief that he was acting

to protect himself or herself, a member

of his or her family, or any other individual, from bodily harm from any

endangered or threatened species.

(c) District court jurisdiction

The several district courts of the United

States, including the courts enumerated in

section 460 of title 28, shall have jurisdiction over any actions arising under this

chapter. For the purpose of this chapter,

American Samoa shall be included within

the judicial district of the District Court of

the United States for the District of

Hawaii.

(d) Rewards and incidental expenses

The Secretary or the Secretary of the

Treasury shall pay, from sums received as

penalties, fines, or forfeitures of property

for any violation of this chapter or any

regulation issued hereunder (1) a reward

to any person who furnishes information

which leads to an arrest, a criminal

conviction, civil penalty assessment, or

forfeiture of property for any violation of

this chapter or any regulation issued

hereunder. The amount of the reward, if

any, is to be designated by the Secretary

or the Secretary of the Treasury, as

appropriate. Any officer or employee of

the United States or any State or local

government who furnishes information or

renders service in the performance of his

official duties is ineligible for payment

under this subsection, and (2) the reasonable and necessary costs incurred by any

person in providing temporary care for

any fish, wildlife, or plant pending the

disposition of any civil or criminal proceeding alleging a violation of this chapter

with respect to that fish, wildlife, or plant.

Whenever the balance of sums received

under this section and section 3375(d) of

this title, as penalties or fines, or from

forfeitures of property, exceed $500,000,

the Secretary of the Treasury shall

deposit an amount equal to such excess

balance in the cooperative endangered

species conservation fund established

under section 1535(i) of this title.

(e) Enforcement

(1) The provisions of this chapter and

any regulations or permits issued

pursuant thereto shall be enforced by

the Secretary, the Secretary of the

Treasury, or the Secretary of the

Department in which the Coast Guard is

operating, or all such Secretaries. Each

such Secretary may utilize by agreement, with or without reimbursement,

the personnel, services, and facilities of

any other Federal agency or any State

agency for purposes of enforcing this

chapter.

(2) The judges of the district courts of

the United States and the United States

magistrate judges may, within their

respective jurisdictions, upon proper
National Forest System Resource Management - Wildlife Management 405

oath or affirmation showing probable

cause, issue such warrants or other

process as may be required for enforcement of this chapter and any regulation

issued thereunder.

(3) Any person authorized by the

Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is

operating, to enforce this chapter may

detain for inspection and inspect any

package, crate, or other container,

including its contents, and all accompanying documents, upon importation or

exportation. Such person may make

arrests without a warrant for any

violation of this chapter if he has

reasonable grounds to believe that the

person to be arrested is committing the

violation in his presence or view, and

may execute and serve any arrest

warrant, search warrant, or other

warrant or civil or criminal process

issued by any officer or court of competent jurisdiction for enforcement of this

chapter. Such person so authorized may

search and seize, with or without a

warrant, as authorized by law. Any fish,

wildlife, property, or item so seized shall

be held by any person authorized by the

Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is

operating pending disposition of civil or

criminal proceedings, or the institution of

an action in rem for forfeiture of such

fish, wildlife, property, or item pursuant

to paragraph (4) of this subsection;

except that the Secretary may, in lieu of

holding such fish, wildlife, property, or

item, permit the owner or consignee to

post a bond or other surety satisfactory

to the Secretary, but upon forfeiture of

any such property to the United States,

or the abandonment or waiver of any

claim to any such property, it shall be

disposed of (other than by sale to the

general public) by the Secretary in such

a manner, consistent with the purposes

of this chapter, as the Secretary shall by

regulation prescribe.

(4)(A) All fish or wildlife or plants

taken, possessed, sold, purchased,

offered for sale or purchase, transported, delivered, received, carried,

shipped, exported, or imported contrary

to the provisions of this chapter, any

regulation made pursuant thereto, or any

permit or certificate issued hereunder

shall be subject to forfeiture to the

United States.

(B) All guns, traps, nets, and other

equipment, vessels, vehicles, aircraft,

and other means of transportation

used to aid the taking, possessing,

selling, purchasing, offering for sale or

purchase, transporting, delivering,

receiving, carrying, shipping, exporting,

or importing of any fish or wildlife or

plants in violation of this chapter, any

regulation made pursuant thereto, or

any permit or certificate issued

thereunder shall be subject to forfeiture to the United States upon conviction of a criminal violation pursuant to

subsection (b)(1) of this section.

(5) All provisions of law relating to the

seizure, forfeiture, and condemnation of

a vessel for violation of the customs
406 National Forest System Resource Management - Wildlife Management

laws, the disposition of such vessel or

the proceeds from the sale thereof, and

the remission or mitigation of such

forfeiture, shall apply to the seizures and

forfeitures incurred, or alleged to have

been incurred, under the provisions of

this chapter, insofar as such provisions

of law are applicable and not inconsistent with the provisions of this chapter;

except that all powers, rights, and duties

conferred or imposed by the customs

laws upon any officer or employee of

the Treasury Department shall, for the

purposes of this chapter, be exercised or

performed by the Secretary or by such

persons as he may designate.

(6) The Attorney General of the United

States may seek to enjoin any person

who is alleged to be in violation of any

provision of this chapter or regulation

issued under authority thereof.

(f) Regulations

The Secretary, the Secretary of the

Treasury, and the Secretary of the

Department in which the Coast Guard is

operating, are authorized to promulgate

such regulations as may be appropriate to

enforce this chapter, and charge reasonable fees for expenses to the Government

connected with permits or certificates

authorized by this chapter including

processing applications and reasonable

inspections, and with the transfer, board,

handling, or storage of fish or wildlife or

plants and evidentiary items seized and

forfeited under this chapter. All such fees

collected pursuant to this subsection shall

be deposited in the Treasury to the credit

of the appropriation which is current and

chargeable for the cost of furnishing the

services. Appropriated funds may be

expended pending reimbursement from

parties in interest.

(g) Citizen suits

(1) Except as provided in paragraph (2)

of this subsection any person may

commence a civil suit on his own behalf -

(A) to enjoin any person, including the

United States and any other governmental instrumentality or agency (to

the extent permitted by the eleventh

amendment to the Constitution), who

is alleged to be in violation of any

provision of this chapter or regulation

issued under the authority thereof; or

(B) to compel the Secretary to apply,

pursuant to section 1535(g)(2)(B)(ii)

of this title, the prohibitions set forth in

or authorized pursuant to section

1533(d) or 1538(a)(1)(B) of this title

with respect to the taking of any

resident endangered species or

threatened species within any State; or

(C) against the Secretary where there

is alleged a failure of the Secretary to

perform any act or duty under section

1533 of this title which is not discretionary with the Secretary. The district

courts shall have jurisdiction, without

regard to the amount in controversy or

the citizenship of the parties, to

enforce any such provision or regulation, or to order the Secretary to

perform such act or duty, as the case

may be. In any civil suit commenced

under subparagraph (B) the district

court shall compel the Secretary to

apply the prohibition sought if the court
National Forest System Resource Management - Wildlife Management 407

finds that the allegation that an emergency exists is supported by substantial evidence.

(2)(A) No action may be commenced

under subparagraph (1)(A) of this

section -

(i) prior to sixty days after written

notice of the violation has been given

to the Secretary, and to any alleged

violator of any such provision or

regulation;

(ii) if the Secretary has commenced

action to impose a penalty pursuant

to subsection (a) of this section; or

(iii) if the United States has commenced and is diligently prosecuting

a criminal action in a court of the

United States or a State to redress a

violation of any such provision or

regulation.

(B) No action may be commenced

under subparagraph (1)(B) of this

section -

(i) prior to sixty days after written

notice has been given to the Secretary setting forth the reasons why an

emergency is thought to exist with

respect to an endangered species or

a threatened species in the State

concerned; or

(ii) if the Secretary has commenced

and is diligently prosecuting action

under section 1535(g)(2)(B)(ii) of

this title to determine whether any

such emergency exists.

(C) No action may be commenced

under subparagraph (1)(C) of this

section prior to sixty days after written

notice has been given to the Secretary; except that such action may be

brought immediately after such

notification in the case of an action

under this section respecting an

emergency posing a significant risk to

the well-being of any species of fish or

wildlife or plants.

(3)(A) Any suit under this subsection

may be brought in the judicial district in

which the violation occurs.

(B) In any such suit under this subsection in which the United States is not a

party, the Attorney General, at the

request of the Secretary, may intervene on behalf of the United States as

a matter of right.

(4) The court, in issuing any final order

in any suit brought pursuant to paragraph (1) of this subsection, may award

costs of litigation (including reasonable

attorney and expert witness fees) to any

party, whenever the court determines

such award is appropriate.

(5) The injunctive relief provided by this

subsection shall not restrict any right

which any person (or class of persons)

may have under any statute or common

law to seek enforcement of any standard or limitation or to seek any other

relief (including relief against the

Secretary or a State agency).

(h) Coordination with other laws

The Secretary of Agriculture and the

Secretary shall provide for appropriate

coordination of the administration of this

chapter with the administration of the
408 National Forest System Resource Management - Wildlife Management

animal quarantine laws (21 U.S.C. 101-

105, 111-135b, and 612-614) and section

306 of the Tariff Act of 1930 (19 U.S.C.

1306). Nothing in this chapter or any

amendment made by this chapter shall be

construed as superseding or limiting in

any manner the functions of the Secretary of Agriculture under any other law

relating to prohibited or restricted importations or possession of animals and other

articles and no proceeding or determination under this chapter shall preclude any

proceeding or be considered determinative of any issue of fact or law in any

proceeding under any Act administered

by the Secretary of Agriculture. Nothing

in this chapter shall be construed as

superseding or limiting in any manner the

functions and responsibilities of the

Secretary of the Treasury under the

Tariff Act of 1930 (19 U.S.C. 1202 et

seq.), including, without limitation, section

527 of that Act (19 U.S.C. 1527), relating

to the importation of wildlife taken, killed,

possessed, or exported to the United

States in violation of the laws or regulations of a foreign country. (16 U.S.C.

1540)

Endangered plants

Sec. 12 The Secretary of the

Smithsonian Institution, in conjunction

with other affected agencies, is authorized and directed to review (1) species

of plants which are now or may become

endangered or threatened and (2) methods of adequately conserving such

species, and to report to Congress, within

one year after December 28, 1973, the

results of such review including recommendations for new legislation or the

amendment of existing legislation. (16

U.S.C. 1541)

Authorization of appropriations

Sec. 15 (a) In general Except as provided in subsections (b), (c), and (d) of

this section, there are authorized to be

appropriated -

(1) not to exceed $35,000,000 for fiscal

year 1988, $36,500,000 for fiscal year

1989, $38,000,000 for fiscal year 1990,

$39,500,000 for fiscal year 1991, and

$41,500,000 for fiscal year 1992 to

enable the Department of the Interior to

carry out such functions and responsibilities as it may have been given under

this chapter;

(2) not to exceed $5,750,000 for fiscal

year 1988, $6,250,000 for each of fiscal

years 1989 and 1990, and $6,750,000 for

each of fiscal years 1991 and 1992 to

enable the Department of Commerce to

carry out such functions and responsibilities as it may have been given under

this chapter; and

(3) not to exceed $2,200,000 for fiscal

year 1988, $2,400,000 for each of fiscal

years 1989 and 1990, and $2,600,000 for

each of fiscal years 1991 and 1992, to

enable the Department of Agriculture to

carry out its functions and responsibilities with respect to the enforcement of

this chapter and the Convention which

pertain to the importation or exportation

of plants.

(b) Exemptions
National Forest System Resource Management - Wildlife Management 409

There are authorized to be appropriated

to the Secretary to assist him and the

Endangered Species Committee in

carrying out their functions under sections 9 1536(e), (g), and (h) of this title not

to exceed $600,000 for each of fiscal

years 1988, 1989, 1990, 1991, and 1992.

(c) Convention implementation

There are authorized to be appropriated

to the Department of the Interior for

purposes of carrying out section 1537a(e)

of this title not to exceed $400,000 for

each of fiscal years 1988, 1989, and

1990, and $500,000 for each of fiscal

years 1991 and 1992, and such sums shall

remain available until expended. (16

U.S.C. 1542)

9

 So in original. Probably should be

“section”.

Effective date

Sec. 16 This Act shall take effect on the

date of its enactment (Dec. 28, 1973).

(16 U.S.C. 1631 note)

Construction with Marine Mammal

Protection Act of 1972

Sec. 17 Except as otherwise provided in

this chapter, no provision of this chapter

shall take precedence over any more

restrictive conflicting provision of the

Marine Mammal Protection Act of 1972

(16 U.S.C. 1361 et seq.). (16 U.S.C.

1543)

 Annual cost analysis by Fish and

Wildlife Service

Sec. 18 Notwithstanding section 3003

of Public Law 104-66 (31 U.S.C. 1113

note; 109 Stat. 734), on or before

January 15, 1990, and each January 15

thereafter, the Secretary of the Interior,

acting through the Fish and Wildlife

Service, shall submit to the Congress an

annual report covering the preceding

fiscal year which shall contain -

(1) an accounting on a species by

species basis of all reasonably identifiable Federal expenditures made primarily for the conservation of endangered

or threatened species pursuant to this

chapter; and

(2) an accounting on a species by

species basis of all reasonably identifiable expenditures made primarily for the

conservation of endangered or threatened species pursuant to this chapter by

States receiving grants under section

1535 of this title. (16 U.S.C. 1544)
410 Water Resources

Domestic Water Supply

May 28, 1940 (Ch. 220, 54 Stat. 224; 16 U.S.C. 552b to 552d)

Sec. 2 Lands withdrawn under the

provisions of sections 552a to 552d of this

title shall be administered by the Secretary of Agriculture under such agreements for the protection of the watershed

as he may make with the municipality

concerned, and the Secretary of Agriculture is authorized, in addition to the rules

and regulations adopted for the administration of the national forests, to adopt

and prescribe such further rules and

regulations as he considers necessary to

effect the adequate protection of the

watershed, including a rule or regulation

forbidding persons other than forest

officers and representatives of the

municipality from going on the lands so

reserved or making any use whatever

thereof. (16 U.S.C. 552b)

Sec. 3 Whenever national-forest lands

are withdrawn under sections 552a to

552d of this title, and the municipality

concerned objects to the utilization of the

timber or other resources of lands withdrawn, and the Secretary of Agriculture

agrees to withhold such resources from

utilization, said municipality shall pay to

the Forest Service annually an amount

which the Secretary of Agriculture shall

determine is necessary to reimburse the

United States for the loss of net annual

revenues which would be derived from

the resources so withheld from disposition. (16 U.S.C. 552c)

Sec. 4 Any violation of the regulations

issued under sections 552a to 552d of this

title shall be punished as is provided in

section 1853 of title 18. (16 U.S.C. 552d)
Water Resources 411

Watershed Protection and Flood Prevention Act

August 4, 1954 (Ch. 656, 68 Stat. 666; 16 U.S.C. 1001 to 1003,

1003a, 1004 to 1006, 33 U.S.C. 701b, 701b note, 16 U.S.C.

1006a, 1006b, 1007, 1001 note, 1008, 1010)

Declaration of policy

Sec. 1 Erosion, floodwater, and sediment

damages in the watersheds of the rivers

and streams of the United States, causing

loss of life and damage to property,

constitute a menace to the national

welfare; and it is the sense of Congress

that the Federal Government should

cooperate with States and their political

subdivisions, soil or water conservation

districts, flood prevention or control

districts, and other local public agencies

for the purpose of preventing such

damages, of furthering the conservation,

development, utilization, and disposal of

water, and the conservation and utilization

of land and thereby of preserving, protecting, and improving the Nation’s land

and water resources and the quality of

the environment. (16 U.S.C. 1001)

Definitions

Sec. 2 For the purposes of this chapter,

the following terms shall mean:

 The “Secretary” - the Secretary of

Agriculture of the United States. “Works

of improvement” - any undertaking for -

(1) flood prevention (including structural

and land treatment measures),

(2) the conservation, development,

utilization, and disposal of water, or

(3) the conservation and proper utilization of land, in watershed or

subwatershed area not exceeding two

hundred and fifty thousand acres and

not including any single structure which

provides more than twelve thousand

five hundred acre-feet of floodwater

detention capacity, and more than

twenty-five thousand acre-feet of total

capacity. No appropriation shall be

made for any plan involving an estimated Federal contribution to construction costs in excess of $5,000,000, or

which includes any structure which

provides more than twenty-five hundred

acre-feet of total capacity unless such

plan has been approved by resolutions

adopted by the appropriate committees

of the Senate and House of Representatives: Provided, That in the case of

any plan involving no single structure

providing more than 4,000 acre-feet of

total capacity the appropriate committees shall be the Committee on Agriculture, Nutrition, and Forestry of the

Senate and the Committee on Agriculture of the House of Representatives

and in the case of any plan involving

any single structure of more than 4,000

acre-feet of total capacity the appropriate committees shall be the Committee

on Environment and Public Works of

the Senate and the Committee on Public

Works and Transportation of the House

of Representatives, respectively. Each
412 Water Resources

project must contain benefits directly

related to agriculture, including rural

communities, that account for at least

20 percent of the total benefits of the

project. A number of such

subwatersheds when they are component parts of a larger watershed may be

planned together when the local sponsoring organizations so desire.

“Local organization” - any State,

political subdivision thereof, soil or

water conservation district, flood

prevention or control district, or combinations thereof, or any other agency

having authority under State law to

carry out, maintain and operate the

works of improvement; or any irrigation

or reservoir company, water users’

association, or similar organization

having such authority and not being

operated for profit that may be approved by the Secretary; or any Indian

tribe or tribal organization, as defined in

section 450b of title 25, having authority

under Federal, State, or Indian tribal law

to carry out, maintain, and operate the

works of improvement. (16 U.S.C.

1002)

Assistance to local organizations

Sec. 3 In order to assist local organizations in preparing and carrying out plans

for works of improvement, the Secretary

is authorized, upon application of local

organizations if such application has been

submitted to, and not disapproved within

45 days by, the State agency having

supervisory responsibility over programs

provided for in this chapter, or by the

Governor if there is no State agency

having such responsibility -

(1) to conduct such investigations and

surveys as may be necessary to prepare

plans for works of improvement;

 (2) to prepare plans and estimates

required for adequate engineering

evaluation;

(3) to make allocations of costs to the

various purposes to show the basis of

such allocations and to determine

whether benefits exceed costs;

(4) to cooperate and enter into agreements with and to furnish financial and

other assistance to local organizations:

Provided, That, for the land-treatment

measures, the Federal assistance shall

not exceed the rate of assistance for

similar practices under existing national

programs;

(5) to obtain the cooperation and

assistance of other Federal agencies in

carrying out the purposes of this section;

(6) to enter into agreements with

landowners, operators, and occupiers,

individually or collectively, based on

conservation plans of such landowners,

operators, and occupiers which are

developed in cooperation with and

approved by the soil and water conservation district in which the land described in the agreement is situated, to

be carried out on such land during a

period of not to exceed ten years,

providing for changes in cropping

systems and land uses and for the

installation of soil and water conservation practices and measures needed to
Water Resources 413

conserve and develop the soil, water,

woodland, wildlife, energy, and recreation resources of and enhance the

water quality of lands within the area

included in plans for works of improvement, as provided for in such plans,

including watershed or subwatershed

work plans in connection with the

eleven watershed improvement programs authorized by section 13 of the

Act of December 22, 1944 (58 Stat.

887), as amended and supplemented.

Applications for assistance in developing such conservation plans shall be

made in writing to the soil and water

conservation district involved, and the

proposed agreement shall be reviewed

by such district. In return for such

agreements by landowners, operators,

and occupiers the Secretary shall agree

to share the costs of carrying out those

practices and measures set forth in the

agreement for which he determines that

cost sharing is appropriate and in the

public interest. The portion of such

costs, including labor, to be shared shall

be that part which the Secretary

determines is appropriate and in the

public interest for the carrying out of the

practices and measures set forth in the

agreement, except that the Federal

assistance shall not exceed the rate of

assistance for similar practices and

measures under existing national

programs. The Secretary may terminate

any agreement with a landowner,

operator, or occupier by mutual agreement if the Secretary determines that

such termination would be in the public

interest, and may agree to such modifications of agreements, previously

entered into hereunder, as he deems

desirable to carry out the purposes of

this paragraph or to facilitate the

practical administration of the agreements provided for herein. Notwithstanding any other provision of law, the

Secretary, to the extent he deems it

desirable to carry out the purposes of

this paragraph, may provide in any

agreement hereunder for (1) preservation for a period not to exceed the

period covered by the agreement and an

equal period thereafter of the cropland,

crop acreage, and allotment history

applicable to land covered by the

agreement for the purpose of any

Federal program under which such

history is used as a basis for an allotment or other limitation on the production of any crop; or (2) surrender of any

such history and allotments. (16 U.S.C.

1003)

Sec. 3(A) Easements

The Secretary may provide cost share

assistance to project sponsors to enable

such sponsors to acquire perpetual

wetland or floodplain conservation

easements to perpetuate, restore and

enhance the natural capability of wetlands

and floodplains to retain excessive

floodwaters, improve water quality and

quantity, and provide habitat for fish and

wildlife.

(b) Amount

The Secretary shall require that project

sponsors of watershed projects provide

up to 50 percent of the cost of acquiring

easements under subsection (a) of this

section. (16 U.S.C. 1003a)
414 Water Resources

Conditions for Federal assistance

Sec. 4 The Secretary shall require as a

condition to providing Federal assistance

for the installation of works of improvement that local organizations shall -

(1) acquire, or with respect to interests

in land to be acquired by condemnation

provide assurances satisfactory to the

Secretary that they will acquire, without

cost to the Federal Government from

funds appropriated for the purposes of

this chapter, such land, easements, or

rights-of-way as will be needed in

connection with works of improvement

installed with Federal assistance:

Provided, That when a local organization agrees to operate and maintain any

reservoir or other area included in a

plan for public fish and wildlife or

recreational development, the Secretary

shall be authorized to bear not to exceed

one-half of the costs of (a) the land,

easements, or rights-of-way acquired or

to be acquired by the local organization

for such reservoir or other area, and (b)

minimum basic facilities needed for

public health and safety, access to, and

use of such reservoir or other area for

such purposes: Provided further, That

the Secretary shall be authorized to

participate in recreational development

in any watershed project only to the

extent that the need therefor is demonstrated in accordance with standards

established by him, taking into account

the anticipated man-days of use of the

projected recreational development and

giving consideration to the availability

within the region of existing waterbased outdoor recreational developments: Provided further, That the

Secretary shall be authorized to participate in not more than one recreational

development in a watershed project

containing less than seventy-five

thousand acres, or two such developments in a project containing between

seventy-five thousand and one hundred

and fifty thousand acres, or three such

developments in projects exceeding one

hundred and fifty thousand acres:

Provided further, That when the Secretary and a local organization have

agreed that the immediate acquisition by

the local organization of land, easements, or rights-of-way is advisable for

the preservation of sites for works of

improvement included in a plan from

encroachment by residential, commercial, industrial, or other development, the

Secretary shall be authorized to advance to the local organization from

funds appropriated for construction of

works of improvement the amounts

required for the acquisition of such land,

easements or rights-of-way; and, except

where such costs are to be borne by the

Secretary, such advance shall be repaid

by the local organization, with interest,

prior to construction of the works of

improvement, for credit to such construction funds: Provided further, That

the Secretary shall be authorized to bear

an amount not to exceed one-half of the

costs of the land, easements, or rightsof-way acquired or to be acquired by

the local organization for mitigation of

fish and wildlife habitat losses, and that

such acquisition is not limited to the

confines of the watershed project

boundaries;
Water Resources 415

(2) assume (A) such proportionate

share, as is determined by the Secretary

to be equitable in consideration of

national needs and assistance authorized

for similar purposes under other Federal

programs, of the costs of installing any

works of improvement, involving

Federal assistance (excluding engineering costs), which is applicable to the

agricultural phases of the conservation,

development, utilization, and disposal of

water or for fish and wildlife development, recreational development, ground

water recharge, water quality management, or the conservation and proper

utilization of land: Provided, That works

of improvement for water quality

management shall consist primarily of

water storage capacity in reservoirs for

regulation of streamflow, except that

any such storage and water releases

shall not be provided as a substitute for

adequate treatment or other methods of

controlling waste at the source, and

shall be consistent with standards and

regulations adopted by the Water

Resources Council on Federal cost

sharing for water quality management,

and (B) all of the cost of installing any

portion of such works applicable to

other purposes except that any part of

the construction cost (including engineering costs) applicable to flood

prevention and features relating thereto

shall be borne by the Federal Government and paid for by the Secretary out

of funds appropriated for the purposes

of this chapter: Provided, That, in

addition to and without limitation on the

authority of the Secretary to make loans

or advancements under section 1006a

of this title, the Secretary may pay for

any storage of water for present or

anticipated future demands or needs for

municipal or industrial water included in

any reservoir structure constructed or

modified under the provisions of this

chapter as hereinafter provided: Provided further, That the cost of water

storage to meet future demands may

not exceed 30 per centum of the total

estimated cost of such reservoir structure and the local organization shall give

reasonable assurances, and there is

evidence, that such demands for the use

of such storage will be made within a

period of time which will permit repayment within the life of the reservoir

structure of the cost of such storage:

Provided further, That the Secretary

shall determine prior to initiation of

construction or modification of any

reservoir structure including such water

supply storage that there are adequate

assurances by the local organization or

by an agency of the State having

authority to give such assurances, that

the Secretary will be reimbursed the

cost of water supply storage for anticipated future demands, and that the local

organization will pay not less than 50

per centum of the cost of storage for

present water supply demands: And

provided further, That the cost to be

borne by the local organization for

anticipated future demands may be

repaid within the life of the reservoir

structure but in no event to exceed fifty

years after the reservoir structure is

first used for the storage of water for

anticipated future water supply demands, except that (1) no reimburse-
416 Water Resources

ment of the cost of such water supply

storage for anticipated future demands

need be made until such supply is first

used, and (2) no interest shall be

charged on the cost of such watersupply storage for anticipated future

demands until such supply is first used,

but in no case shall the interest-free

period exceed ten years. The interest

rate used for purposes of computing the

interest on the unpaid balance shall be

determined in accordance with the

provisions of section 1006a of this title.

(3) make arrangements satisfactory to

the Secretary for defraying costs of

operating and maintaining such works of

improvement, in accordance with

regulations presented by the Secretary

of Agriculture;

(4) acquire, or provide assurance that

landowners or water users have acquired, such water rights, pursuant to

State law, as may be needed in the

installation and operation of the work of

improvement;

(5) obtain agreements to carry out

recommended soil conservation measures and proper farm plans from

owners of not less than 50 per centum

of the land situated in the drainage area

above each retention reservoir to be

installed with Federal assistance; and

(6) submit a plan of repayment satisfactory to the Secretary for any loan or

advancement made under the provisions

of section 1006a of this title. (16 U.S.C.

1004)

Works of improvement

Sec. 5 (1) Engineering and other services; reimbursement; advances

At such time as the Secretary and the

interested local organization have

agreed on a plan for works of improvement, and the Secretary has determined

that the benefits exceed the costs, and

the local organization has met the

requirements for participation in carrying out the works of improvement as set

forth in section 1004 of this title, the

local organization may secure engineering and other services, including the

design, preparation of contracts and

specifications, awarding of contracts,

and supervision of construction, in

connection with such works of improvement, by retaining or employing a

professional engineer or engineers

satisfactory to the Secretary or may

request the Secretary to provide such

services: Provided, That if the local

organization elects to employ a professional engineer or engineers, the Secretary shall reimburse the local organization for the costs of such engineering

and other services secured by the local

organization as are properly chargeable

to such works of improvement in an

amount not to exceed the amount

agreed upon in the plan for works of

improvement or any modification

thereof: Provided further, That the

Secretary may advance such amounts

as may be necessary to pay for such

services, but such advances with

respect to any works of improvement

shall not exceed 5 per centum of the

estimated installation cost of such

works.
Water Resources 417

(2) Federal construction; request by

local organization

Except as to the installation of works of

improvement on Federal lands, the

Secretary shall not construct or enter

into any contract for the construction of

any structure: Provided, That, if requested to do so by the local organization, the Secretary may enter into

contracts for the construction of structures.

(3) Transmission of certain plans to

Congress

Whenever the estimated Federal

contribution to the construction costs of

works of improvement in the plan for

any watershed or subwatershed area

shall exceed $5,000,000 or the works of

improvement include any structure

having a total capacity in excess of

twenty-five hundred acre-feet, the

Secretary shall transmit a copy of the

plan and the justification therefor to the

Congress through the President.

(4) Transmission of certain plans and

recommendations to Congress

Any plans for works of improvement

involving an estimated Federal contribution to construction costs in excess of

$5,000,000 or including any structure

having a total capacity in excess of

twenty-five hundred acre-feet (a) which

includes works of improvement for

reclamation or irrigation, or which

affects public or other lands or wildlife

under the jurisdiction of the Secretary of

the Interior, (b) which includes Federal

assistance for goodwater 1

 detention

structures, (c) which includes features

which may affect the public health, or

(d) which includes measures for control

or abatement of water pollution, shall be

submitted to the Secretary of the

Interior, the Secretary of the Army, the

Secretary of Health and Human Services, or the Administrator of the

Environmental Protection Agency,

respectively, for his views and recommendations at least thirty days prior to

transmission of the plan to the Congress

through the President. The views and

recommendations of the Secretary of

the Interior, the Secretary of the Army,

the Secretary of Health and Human

Services, and the Administrator of the

Environmental Protection Agency, if

received by the Secretary prior to the

expiration of the above thirty-day

period, shall accompany the plan

transmitted by the Secretary to the

Congress through the President.

(5) Rules and regulations

Prior to any Federal participation in the

works of improvement under this

chapter, the President shall issue such

rules and regulations as he deems

necessary or desirable to carry out the

purposes of this chapter, and to assure

the coordination of the work authorized

under this chapter and related work of

other agencies, including the Department of the Interior and the Department

of the Army. (16 U.S.C. 1005)

1

 So in original. Probably should be

“floodwater”.

Cooperative programs

Sec. 6 The Secretary is authorized in
418 Water Resources

cooperation with other Federal and with

States and local agencies to make investigations and surveys of the watershed of

rivers and other waterways as a basis for

the development of coordinated programs. In areas where the programs of

the Secretary of Agriculture may affect

public or other lands under the jurisdiction

of the Secretary of the Interior, the

Secretary of the Interior is authorized to

cooperate with the Secretary of Agriculture in the planning and development of

works or programs for such lands. (16

U.S.C. 1006)

Supervision of Secretary of the

Army; reclamation projects

unaffected

Sec. 7 Federal investigations and improvements of rivers and other waterways for flood control and allied purposes

shall be under the jurisdiction of and shall

be prosecuted by the Department of the

Army under the direction of the Secretary

of the Army and supervision of the Chief

of Engineers, except as otherwise provided by Act of Congress; and in his

reports upon examinations and surveys,

the Secretary of the Army shall be guided

as to

flood-control measures by the principles

set forth in section 701a of this title in the

determination of the Federal interests

involved: Provided, That the foregoing

grant of authority shall not interfere with

investigations and river improvements

incident to reclamation projects that may

now be in progress or may be hereafter

undertaken by the Bureau of Reclamation

of the Interior Department pursuant to

any general or specific authorization of

law. (33 U.S.C. 701b)

Loans of advancements for financing

local share of costs; repayment;

interest; maximum amount

Sec. 8 The Secretary is authorized to

make loans or advancements (a) to local

organizations to finance the local share of

costs of carrying out works of improvement provided for in this chapter, and (b)

to State and local agencies to finance the

local share of costs of carrying out works

of improvement (as defined in section

1002 of this title) in connection with the

eleven watershed improvement programs

authorized by section 13 of the Act of

December 22, 1944 (58 Stat. 887), as

amended and supplemented: Provided,

That the works of improvement in

connection with said eleven watershed

improvement programs shall be integral

parts of watershed or subwatershed work

plans agreed upon by the Secretary of

Agriculture and the concerned State and

local agencies. A loan or advance under

this section shall be made under a contract or agreement that provides, under

such terms and conditions as the Secretary considers appropriate, for the repayment of the loan or advance in not more

than 50 years from the date when the

principal benefits of the works of improvement first become available, with

interest at a rate not to exceed the

current market yield for outstanding

municipal obligations with remaining

periods to maturity comparable to the

average maturity for the loan, adjusted to

the nearest 1/8 of 1 percent. With respect
Water Resources 419

to any single plan for works of improvement, the amount of any such loan or

advancement shall not exceed

$10,000,000. (16 U.S.C. 1006a)

Territorial application

Sec. 9 The provisions of this chapter shall

be applicable to Hawaii, Alaska, Puerto

Rico, and the Virgin Islands. (16 U.S.C.

1006b)

Authorization of appropriations

Sec. 10 There are hereby authorized to

be appropriated such sums as may be

necessary to carry out the purposes of

this chapter, such sums to remain available until expended. No appropriation

hereafter available for assisting local

organizations in preparing and carrying

out plans for works of improvement under

the provisions of section 1003 of this title

or clause (a) of section 1006a of this title

shall be available for any works of

improvement pursuant to this chapter or

otherwise in connection with the eleven

watershed improvement programs

authorized by section 13 of the Act of

December 22, 1944 (58 Stat. 887), as

amended and supplemented, or for

making loans or advancements to State

and local agencies as authorized by

clause (b) of section 1006a of this title.

(16 U.S.C. 1007)

Short title

Sec. 11 Section 11 of act Aug. 4, 1954, as

renumbered by act Aug. 7, 1956, Ch.

1027, Sec. 1(g), 70 Stat. 1088, provided

that: “This Act may be cited as the

‘Watershed Protection and Flood Prevention Act’.” (16 U.S.C. 1001 note)

Notification of Secretary of the

Interior of approval of assistance;

surveys and investigations; report

and recommendations;

consideration; cost of survey;

investigation and reports

Sec. 12 When the Secretary approves

the furnishing of assistance to a local

organization in preparing a plan for works

of improvement as provided for in section

1003 of this title:

(1) The Secretary shall so notify the

Secretary of the Interior in order that

the latter, as he desires, may make

surveys and investigations and prepare

a report with recommendations concerning the conservation and development of wildlife resources and participate, under arrangements satisfactory to

the Secretary of Agriculture, in the

preparation of a plan for works of

improvement that is acceptable to the

local organization and the Secretary of

Agriculture.

(2) Full consideration shall be given to

the recommendations contained in any

such report of the Secretary of the

Interior as he may submit to the Secretary of Agriculture prior to the time the

local organization and the Secretary of

Agriculture have agreed on a plan for

works of improvement. The plan shall

include such of the technically and

economically feasible works of improvement for wildlife purposes recommended in the report by the Secretary

of the Interior as are acceptable to, and
420 Water Resources

agreed to by, the local organization and

the Secretary of Agriculture, and such

report of the Secretary of the Interior

shall, if requested by the Secretary of

the Interior, accompany the plan for

works of improvement when it is

submitted to the Secretary of Agriculture for approval or transmitted to the

Congress through the President.

(3) The cost of making surveys and

investigations and of preparing reports

concerning the conservation and

development of wildlife resources shall

be borne by the Secretary of the

Interior out of funds appropriated to his

Department. (16 U.S.C. 1008)

Data

Sec. 13 The Secretary shall collect and

maintain data on a national and State by

State basis concerning - (1) expenditures

for the individual flood control and

conservation measures for which assistance is provided under this chapter; and

(2) the expected flood control or environmental (including soil erosion) benefits

that will result from the implementation of

such measures. (16 U.S.C. 1010)
Water Resources 421

Federal Water Project Recreation Act

July 9, 1965 (Pub. L. 89-72, 79 Stat. 213; 16 U.S.C. 460l-12 to

460l-17, 662, 460l-18 to 460l-21, 460l-5, 460l-12 note)

Recreation and fish ad wildlife

benefits of Federal multiple-purpose

waster resource projects;

Congressional declaration of policy

Sec. 1 It is the policy of the Congress

and the intent of this part (a) in investigating and planning any Federal navigation,

flood control, reclamation, hydroelectric,

or multiple-purpose water resource

project, full consideration shall be given to

the opportunities, if any, which the project

affords for outdoor recreation and for fish

and wildlife enhancement and that,

wherever any such project can reasonably serve either or both of these purposes consistently with the provisions of

this part, it shall be constructed, operated,

and maintained accordingly; (b) planning

with respect to the development of the

recreation potential of any such project

shall be based on the coordination of the

recreational use of the project area with

the use of existing and planned Federal,

State, or local public recreation developments; and (c) project construction

agencies shall encourage non-Federal

public bodies to administer project land

and water areas for recreation and fish

and wildlife enhancement purposes and

operate, maintain, and replace facilities

provided for those purposes unless such

areas or facilities are included or proposed for inclusion within a national

recreation area, or are appropriate for

administration by a Federal agency as a

part of the national forest system, as a

part of the public lands classified for

retention in Federal ownership, or in

connection with an authorized Federal

program for the conservation and development of fish and wildlife. (16 U.S.C.

460l-12)

Non-Federal administration of

project land and water areas

Sec. 2 (a) Allocation of costs

If, before authorization of a project, nonFederal public bodies indicate their intent

in writing to agree to administer project

land and water areas for recreation or

fish and wildlife enhancement or for both

of these purposes pursuant to the plan for

the development of the project approved

by the head of the agency having administrative jurisdiction over it and to bear not

less than one-half the separable costs of

the project allocated to recreation, and to

bear one-quarter of such costs allocated

to fish and wildlife enhancement and not

less than one-half the costs of operation,

maintenance, and replacement incurred

therefor -

(1) the benefits of the project to said

purpose or purposes shall be taken into

account in determining the economic

benefits of the project;

(2) costs shall be allocated to said

purpose or purposes and to other

purposes in a manner which will insure
422 Water Resources

that all project purposes share equitably

in the advantages of multiple-purpose

construction: Provided, That the costs

allocated to recreation or fish and

wildlife enhancement shall not exceed

the lesser of the benefits from those

functions or the costs of providing

recreation or fish and wildlife enhancement benefits or reasonably equivalent

use and location by the least costly

alternative means; and

(3) not more than one-half the separable

costs of the project allocated to recreation and exactly three-quarters of such

costs allocated to fish and wildlife

enhancement and all the joint costs of

the project allocated to recreation and

fish and wildlife enhancement shall be

borne by the United States and be

nonreimbursable. Projects authorized

during the calendar year 1965 may

include recreation and fish and wildlife

enhancement on the foregoing basis

without the required indication of intent.

Execution of an agreement as aforesaid

shall be a prerequisite to commencement of construction of any project to

which this subsection is applicable.

(b) Non-Federal share of costs

The non-Federal share of the separable

costs of the project allocated to recreation

and fish and wildlife enhancement shall

be borne by non-Federal interests, under

either or both of the following methods as

may be determined appropriate by the

head of the Federal agency having

jurisdiction over the project: (1) payment,

or provision of lands, interests therein, or

facilities for the project; or (2) repayment,

with interest at a rate comparable to that

for other interest-bearing functions of

Federal water resource projects, within

fifty years of first use of project recreation or fish and wildlife enhancement

facilities: Provided, That the source of

repayment may be limited to entrance and

user fees or charges collected at the

project by non-Federal interests if the fee

schedule and the portion of fees dedicated to repayment are established on a

basis calculated to achieve repayment as

aforesaid and are made subject to review

and renegotiation at intervals of not more

than five years. (16 U.S.C. 460l-13)

Facilities of project modifications to

be provided without written

indication of intent

Sec. 3 (a) Other project purposes as

justification; public health and safety

requirement of minimum facilities at

access points; basis for calculation of

benefits; nonreimbursable costs

No facilities or project modifications

which will furnish recreation or fish and

wildlife enhancement benefits shall be

provided in the absence of the indication

of intent with respect thereto specified in

section 460l-13(a) of this title unless (1)

such facilities or modifications serve other

project purposes and are justified thereby

without regard to such incidental recreation or fish and wildlife enhancement

benefits as they may have or (2) they are

minimum facilities which are required for

the public health and safety and are

located at access points provided by

roads existing at the time of project

construction or constructed for the
Water Resources 423

administration and management of the

project. Calculation of the recreation and

fish and wildlife enhancement benefits in

any such case shall be based on the

number of visitor-days anticipated in the

absence of recreation and fish and

wildlife enhancement facilities or modifications except as hereinbefore provided

and on the value per visitor-day of the

project without such facilities or modifications. Project costs allocated to recreation

and fish and wildlife enhancement on this

basis shall be nonreimbursable.

(b) Preservation of recreation and fish

and wildlife enhancement potential;

execution of agreements within ten year

period; disposition of lands in absence of

such agreements, prohibition against uses

conflicting with project purposes, and

preference to uses promoting and not

detracting from such potential

Notwithstanding the absence of an

indication of intent as specified in section

460l-13(a) of this title, lands may be

provided in connection with project

construction to preserve the recreation

and fish and wildlife enhancement

potential of the project:

(1) If non-Federal public bodies execute

an agreement after initial operation of

the project (which agreement shall

provide that the non-Federal public

bodies will administer project land and

water areas for recreation or fish and

wildlife enhancement or both pursuant

to the plan for the development of the

project approved by the head of the

agency having administrative jurisdiction

over it and will bear not less than onehalf the costs of lands, facilities, and

project modifications provided for

recreation, and will bear one-quarter of

such costs for fish and wildlife enhancement, and not less than one-half the

costs of planning studies, and the costs

of operation, maintenance, and replacement attributable thereto) the remainder

of the costs of lands, facilities, and

project modifications provided pursuant

to this paragraph shall be nonreimbursable. Such agreement and subsequent

development, however, shall not be the

basis for any reallocation of joint costs

of the project to recreation or fish and

wildlife enhancement.

(2) If, within ten years after initial

operation of the project, there is not an

executed agreement as specified in

paragraph (1) of this subsection, the

head of the agency having jurisdiction

over the project may utilize the lands for

any lawful purpose within the jurisdiction of his agency, or may offer the land

for sale to its immediate prior owner or

his immediate heirs at its appraised fair

market value as approved by the head

of the agency at the time of offer or, if a

firm agreement by said owner or his

immediate heirs is not executed within

ninety days of the date of the offer, may

transfer custody of the lands to another

Federal agency for use for any lawful

purpose within the jurisdiction of that

agency, or may lease the lands to a nonFederal public body, or may transfer the

lands to the Administrator of General

Services for disposition in accordance

with the surplus property laws of the

United States. In no case shall the lands
424 Water Resources

be used or made available for use for

any purpose in conflict with the purposes for which the project was constructed, and in every case except that

of an offer to purchase made, as

hereinbefore provided, by the prior

owner or his heirs preference shall be

given to uses which will preserve and

promote the recreation and fish and

wildlife enhancement potential of the

project or, in the absence thereof, will

not detract from that potential.

(c) Expansion or modification of existing

facilities

(1) Any recreation facility constructed

under this part may be expanded or

modified if -

(A) the facility is inadequate to meet

recreational demands; and

(B) a non-Federal public body executes an agreement which provides

that such public body -

(i) will administer the expanded or

modified facilities pursuant to a plan

for development for the project that

is approved by the agency with

administrative jurisdiction over the

project; and

(ii) will bear not less than one-half of

the planning and capital costs of

such expansion or modification and

not less than one-half of the costs of

the operation, maintenance, and

replacement attributable to the

expansion of the facility.

(2) The Federal share of the cost of

expanding or modifying a recreational

facility described in paragraph (1) may

not exceed 50 percent of the total cost of

expanding or modifying the facility. (16

U.S.C. 460l-14)

Lease of facilities and lands to non

Federal public bodies

Sec. 4 At projects, the construction of

which has commenced or been completed

as of July 9, 1965, where non-Federal

public bodies agree to administer project

land and water areas for recreation and

fish and wildlife enhancement purposes

and to bear the 1

 not less than one-half

the costs of operation, maintenance, and

replacement of existing facilities serving

those purposes, such facilities and appropriate project lands may be leased to nonFederal public bodies. (16 U.S.C. 460l15)

1

 So in original. The word “the” probably

should not appear.

Postauthorization development of

projects without allocation or

reallocation of costs

Sec. 5 Nothing herein shall be construed

as preventing or discouraging

postauthorization development of any

project for recreation or fish and wildlife

enhancement or both by non-Federal

public bodies pursuant to agreement with

the head of the Federal agency having

jurisdiction over the project. Such development shall not be the basis for any

allocation or reallocation of project costs

to recreation or fish and wildlife enhancement. (16 U.S.C. 460l-16)

Miscellaneous provisions
Water Resources 425

Sec. 6(a) (a) Project reports; outdoor

recreation views; conformity to State

comprehensive plan

The views of the Secretary of the Interior

developed in accordance with section

460l-2 of this title, with respect to the

outdoor recreation aspects shall be set

forth in any report of any project or

appropriate unit thereof within the purview of this part. Such views shall include

a report on the extent to which the

proposed recreation and fish and wildlife

development conforms to and is in accord

with the State comprehensive plan

developed pursuant to section 460l-8(d)

of this title.

(b) Omitted

(c) Migratory waterfowl refuges at

Federal projects; expenditure limitation

for acquisition of lands

Expenditures for lands or interests in

lands hereafter acquired by project

construction agencies for the establishment of migratory waterfowl refuges

recommended by the Secretary of the

Interior at Federal water resource

projects, when such lands or interests in

lands would not have been acquired but

for the establishment of a migratory

waterfowl refuge at the project, shall not

exceed $28,000,000: Provided, That the

aforementioned expenditure limitation in

this subsection shall not apply to the costs

of mitigating damages to migratory

waterfowl caused by such water resource project.

(d) Nonapplication to certain projects

This part shall not apply to the Tennessee

Valley Authority, but the Authority is

authorized to recognize and provide for

recreational and other public uses at any

dams and reservoirs heretofore or

hereafter constructed in a manner

consistent with the promotion of navigation, flood control, and the generation of

electrical energy, as otherwise required

by law, nor to projects constructed under

authority of the Small Reclamation

Projects Act, as amended (43 U.S.C.

422a et seq.), or under authority of the

Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001 et

seq.).

(e) Nonapplication to certain other

projects

Sections 460l-13, 460l-14, 460l-15, and

460l-16 of this title shall not apply to

nonreservoir local flood control projects,

beach erosion control projects, small boat

harbor projects, hurricane protection

projects, or to project areas or facilities

authorized by law for inclusion within a

national recreation area or appropriate for

administration by a Federal agency as a

part of the national forest system, as a

part of the public lands classified for

retention in Federal ownership, or in

connection with an authorized Federal

program for the conservation and development of fish and wildlife.

(f) Interpretation of “nonreimbursable”

As used in this part, the term “nonreimbursable” shall not be construed to

prohibit the imposition of entrance,

admission, and other recreation user fees

or charges.

(g) Nonapplication of section 460l-9(a)(2)
426 Water Resources

to nonreimbursable costs of the United

States Section 460l-9(a)(2) of this title

shall not apply to costs allocated to

recreation and fish and wildlife enhancement which are borne by the United

States as a nonreimbursable project cost

pursuant to section 460l-13(a) or section

460l-14(b)(1) of this title.

(h) Deposits in Treasury as miscellaneous

receipts; deposits of revenue from

conveyance of certain lands in Land and

Water Conservation Fund

All payments and repayment by nonFederal public bodies under the provisions

of this part shall be deposited in the

Treasury as miscellaneous receipts, and

revenue from the conveyance by deed,

lease, or otherwise, of lands under section

460l-14(b)(2) of this title shall be deposited in the Land and Water Conservation

Fund. (16 U.S.C. 460l-17)

***

Authoirty of Secretary of the Interior

Sec. 7 (a) Provision of facilities, acquisition of lands, and provision for public use

and enjoyment of project lands, facilities,

and water areas in coordination with

other project purposes; execution of

agreements before providing lands,

facilities, and project modifications

The Secretary is authorized, in conjunction with any reservoir heretofore constructed by him pursuant to the Federal

reclamation laws or any reservoir which

is otherwise under his control, except

reservoirs within national wildlife refuges,

to investigate, plan, construct, operate and

maintain, or otherwise provide for public

outdoor recreation and fish and wildlife

enhancement facilities, to acquire or

otherwise make available such adjacent

lands or interests therein as are necessary

for public outdoor recreation or fish and

wildlife use, and to provide for public use

and enjoyment of project lands, facilities,

and water areas in a manner coordinated

with the other project purposes. Lands,

facilities and project modifications for the

purposes of this subsection may be

provided only after an agreement in

accordance with subsection (b) or (c) of

section 460l-14 of this title has been

executed.

(b) Agreements with government agencies to promote development and operation of lands or facilities for recreation

and fish and wildlife enhancement

purposes

The Secretary of the Interior is authorized

to enter into agreements with Federal

agencies or State or local public bodies

for the administration of project land and

water areas and the operation, maintenance, and replacement of facilities and

to transfer project lands or facilities to

Federal agencies or State or local public

bodies by lease agreement or exchange

upon such terms and conditions as will

best promote the development and

operation of such lands or facilities in the

public interest for recreation and fish and

wildlife enhancement purposes.

(c) Transfer of lands; consent of other

Federal agencies to use of lands for

recreation or fish and wildlife purposes;

transfers to Secretary of Agriculture of

forest lands; continuing administration of
Water Resources 427

lands and waters for other project purposes; prohibition against limitation of

authority under existing provisions of law

No lands under the jurisdiction of any

other Federal agency may be included for

or devoted to recreation or fish and

wildlife purposes under the authority of

this section without the consent of the

head of such agency; and the head of any

such agency is authorized to transfer any

such lands to the jurisdiction of the

Secretary of the Interior for purposes of

this section. The Secretary of the Interior

is authorized to transfer jurisdiction over

project lands within or adjacent to the

exterior boundaries of national forests and

facilities thereon to the Secretary of

Agriculture for recreation and other

national forest system purposes; and such

transfer shall be made in each case in

which the project reservoir area is located

wholly within the exterior boundaries of a

national forest unless the Secretaries of

Agriculture and Interior jointly determine

otherwise. Where any project lands are

transferred hereunder to the jurisdiction

of the Secretary of Agriculture, the lands

involved shall become national forest

lands: Provided, That the lands and

waters within the flow lines of any

reservoir or otherwise needed or used for

the operation of the project for other

purposes shall continue to be administered

by the Secretary of the Interior to the

extent he determines to be necessary for

such operation. Nothing herein shall limit

the authority of the Secretary of the

Interior granted by existing provisions of

law relating to recreation or fish and

wildlife development in connection with

water resource projects or to disposition

of public lands for such purposes. (16

U.S.C. 460l-18)

Feasibility reports

Sec. 8 Effective on and after July 1,

1966, neither the Secretary of the Interior

nor any bureau nor any person acting

under his authority shall engage in the

preparation of any feasibility report under

reclamation law with respect to any

water resource project unless the preparation of such feasibility report has been

specifically authorized by law, any other

provision of law to the contrary notwithstanding. (16 U.S.C. 460l-19)

Construction of projects under

certain laws with allocation to

recreation and fish and wildlife

enhancement exceeding allocation to

other functions unauthorized

exception

Sec. 9 Nothing contained in this part shall

be taken to authorized or to sanction the

construction under the Federal reclamation laws or under any Rivers and Harbors or Flood Control Act of any project

in which the sum of the allocations to

recreation and fish and wildlife enhancement exceeds the sum of the allocations

to irrigation, hydroelectric power, municipal, domestic and industrial water supply,

navigation, and flood control, except that

this section shall not apply to any such

project for the enhancement of anadromous fisheries, shrimp, or for the conservation of migratory birds protected by

treaty, when each of the other functions

of such a project has, of itself, a favorable
428 Water Resources

benefit-cost ratio. (16 U.S.C. 460l-20)

***

Land and water conservation fund;

establishment; covering certain

revenues and collections into fund

Sec. 11 During the period ending September 30, 2015, there shall be covered

into the land and water conservation fund

in the Treasury of the United States,

which fund is hereby established and is

hereinafter referred to as the “fund”, the

following revenues and collections:

(a) Surplus property sales

All proceeds (except so much thereof as

may be otherwise obligated, credited, or

paid under authority of those provisions of

law set forth in section 485(b)(e), 2

 title

40, or the Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any

later appropriation Act) hereafter received from any disposal of surplus real

property and related personal property

under the Federal Property and Administrative Services Act of 1949, as amended

(40 U.S.C. 471 et seq.), notwithstanding

any provision of law that such proceeds

shall be credited to miscellaneous receipts

of the Treasury. Nothing in this part shall

affect existing laws or regulations concerning disposal of real or personal

surplus property to schools, hospitals, and

States and their political subdivisions.

(b) Motorboat fuels tax

The amounts provided for in section 460l11 of this title.

2

 So in original. Probably should be

section “485(b)-(e)”.

***
Water Resources 429

Agricultural Credit Act, Emergency Flood

Prevention

August 4, 1978 (Pub. L. 95-334, 92 Stat. 433; 16 u.S.C. 2203)

***

Undertaking of runoff retardation

and soil-erosion preventive

measures; cooperation with

landowners and land users; criteria

Sec. 401 The Secretary of Agriculture is

authorized to undertake emergency

measures, including the purchase of

floodplain easements, for runoff retardation and soil-erosion prevention, in cooperation with landowners and land users,

as the Secretary deems necessary to

safeguard lives and property from floods,

drought, and the products of erosion on

any watershed whenever fire, flood, or

any other natural occurrence is causing or

has caused a sudden impairment of that

watershed. (16 U.S.C. 2203)

***

Note- This is the principle legislation

relating to functions of the Forest Service

flood control work. In addition to this Act,

the Secretary of Agriculture is authorized

to conduct flood control measure under

the Watershed Protection and Flood

Prevention Act of August 4, 1954, to

undertake emergency measure for runoff retardation and soil-erosion prevention

by the Act of June 28, 1938, as amended

and to initiate works of improvement on

certain authorized watersheds under the

Act of December 22, 1944.
430 Water Resources

Food, Agriculture, Conservation, and Trade Act

of 1990

November 28, 1990 (Pub. L. 101-624, 104 Stat. 3359)

Subtitle B - Research and Education

Chapter 2 – Specialized Research

Southern Forest Regeneration

Program

Sec. 1242 (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. (16 U.S.C. 1642 note)

Semiarid Agroforestry Research

Center

Sec. 1243 (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
Water Resources 431

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. (16 U.S.C. 1642 note)

Presidential Commission on State

and Private Forests

Sec. 1245 (a) Establishment. - The

President shall establish a Commission on

State and Private Forests (hereafter in

this section referred to as the ‘Commis-
432 Water Resources

sion’) 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
Water Resources 433

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
434 Water Resources

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.

(16 U.S.C. 1601 note)

International Forest Products Trade

Institute

Sec. 1247 (a) Establishment. - The

Secretary of Agriculture may establish an

International Forest Products Trade

Institute (hereafter in this section referred

to as the ‘Institute’).

(b) Mission. - The mission of the Institute

will be to increase the competitive

position of the forest industries of the

northeastern United States as major

producers of international forest products

in order to increase domestic employment

and stimulate rural development, and to

provide a knowledgeable, objective

analysis of global forest resource problems.

(c) Functions. - The Institute shall -

(1) emphasize the application of existing

knowledge to the manufacturing and

international marketing of forest products as well as conduct new research

related to the competitiveness of the

northeastern forest products industry;

(2) study and evaluate domestic and

international forest, forest sector,

agroforestry, development, economic,

and trade policies;

(3) design, analyze and test technologically appropriate manufacturing, processing and marketing systems which

are supportive of and consistent with

forest policy and management strategies

formulated by the Institute and which

enhance opportunities for markets in

forest products; and

(4) formulate and test management
Water Resources 435

strategies for -

(A) United States forests, and

(B) manufacturing facilities that

promote ecologically sustainable use,

and long-term management, of international forests.

(d) Authorization of Appropriations. -

There are authorized to be appropriated

such sums as may be necessary to carry

out the purposes of this section. (16

U.S.C. 2112 note)

Subtitle C - America the Beautiful

Act Of 1990

Sec. 1261 Short title. This subtitle may

be cited as the ‘America the Beautiful

Act of 1990’.

Sec. 1262 Findings. Congress finds that -

(1) trees and forests provide beauty and

diversity to both rural and urban landscapes;

(2) trees and forests protect the United

States’s soil, water, and wetland resources by filtering runoff and preventing erosion;

(3) trees and forests provide food and

cover for many species of wildlife;

(4) trees and forests provide shade,

block winds, and add moisture to the air,

thereby mitigating the urban ‘heat

island’ effect and significantly reducing

energy use;

(5) trees and forests make important

contributions to the environmental,

social, and economic well-being of both

rural and urban areas across the United

States; and

(6) stewardship of trees and forests

could be significantly enhanced by

encouraging, promoting, and supporting

partnerships and community service

projects involving individuals, youth

groups, organizations, businesses and

governments at all levels.

Sec. 1263 Purposes. The purposes of

this subtitle are to -

(1) authorize the President to designate

a private nonprofit foundation as eligible

for a one-time grant from the Secretary

of Agriculture, to be used for promoting

public awareness and a spirit of

volunteerism, soliciting private sector

contributions, and overseeing the use of

these contributions to encourage tree

planting projects in communities and

urban areas;

(2) promote the principles of basic

forest stewardship through the nationwide planting, improvement, and maintenance of trees in order to increase

reforestation, enhance the environmental and aesthetic qualities of the United

States’s rural and urban areas, and

reduce global carbon dioxide levels;

(3) authorize the Secretary of Agriculture to provide increased financial and

technical assistance to State forestry

agencies and others, and enter into costsharing agreements with individuals, for

the purpose of encouraging owners of

nonindustrial private lands to plant and

maintain trees and improve forests in

rural areas; and

(4) authorize the Secretary of Agriculture to provide increased financial and

technical assistance to State forestry
436 Water Resources

agencies and others for the purpose of

encouraging units of local government,

civic groups, and individuals to plant and

maintain trees and improve forests in

communities and urban areas.

Sec. 1264 Tree Planting Foundation.

(a) Purpose. - The purpose of this section

is to authorize the President to designate

a private nonprofit Foundation as eligible

to receive a grant from the Department

of Agriculture to be used -

(1) to provide grants, including matching

grants, to qualifying nonprofit organizations (including youth groups), municipalities, counties, towns and townships

for the implementation of programs to

promote public awareness and a spirit

of volunteerism in support of tree

planting, maintenance, management,

protection, and cultivation projects in

rural areas, communities and urban

areas throughout the United States;

(2) to solicit public and private sector

contributions through the mobilization of

individuals, businesses, governments,

and community organizations with the

goal of increasing the number of trees

planted, maintained, managed, and

protected in rural areas, communities

and urban environments;

(3) to accept and administer public and

private gifts and make grants, including

matching grants, to encourage local

participation, for the planting, maintenance, management, protection, and

cultivation of trees; and

(4) to ensure that our descendants will

be able to share their ancestors’ pride

when referring to their land as

‘America the Beautiful’.

(b) Authority. - The President is authorized to designate a private nonprofit

organization (hereafter in this section

referred to as the ‘Foundation’) as eligible

to receive funds pursuant to subsections

(d) and (e) upon determining that such

organization can, consistent with its

charter, carry out the purposes stated in

subsection (a), and that the officers of

such organization have the experience

and expertise necessary to direct the

activities of the organization. Nothing in

this section shall be construed to make

officers, employees, or members of the

board of directors of the Foundation

officers or employees of the United

States. The Foundation shall be a private

and nonprofit organization and not an

agency or establishment of the United

States.

(c) Implementation. - The Foundation

shall carry out this section in accordance

with the purposes stated in subsection (a).

(d) Funding. - For fiscal year 1991, the

Secretary is authorized to make a grant of

not to exceed $25,000,000 to the Foundation.

(e) Use of Funds. - Funds made available

pursuant to subsection (d) shall be

granted to the Foundation by the Secretary to enable the Foundation to carry out

the purposes specified in subsection (a).

(f) Interest. - Notwithstanding any other

provision of law, the Foundation may hold

funds made available pursuant to subsection (e) in interest-bearing accounts prior

to the disbursement of the funds for
Water Resources 437

purposes specified in subsection (a) and

may retain to carry out such purposes any

interest earned on the deposits.

(g) Limitations on Uses of Funds. –

(1) In general. - The Foundation may

use funds provided by this section only

for making grants to qualified organizations, municipalities, counties, towns and

townships for the implementation of

projects and activities that are consistent with the purposes specified in

subsection (a).

(2) Qualified organizations. - For the

purposes of this section, qualified

organizations shall consist of those

organizations that meet the requirements of section 501(c)(3) of the

Internal Revenue Code of 1986 (26

U.S.C. 501(c)(3)) and have demonstrated a capability to implement the

project or activity for which the Foundation funds will be used.

(h) Compensation from Outside Sources.

- An officer or employee of the Foundation may not receive any salary or other

compensation for services rendered to the

Foundation from any source other than

the Foundation.

(i) Stock and Dividends. - The Foundation

shall not issue any shares of stock or

declare or pay any dividends.

(j) Lobbying. - The Foundation shall not

engage in lobbying or propaganda for the

purpose of influencing legislation and shall

not participate or intervene in any political

campaign on behalf of any candidate for

public office.

(k) Salary; Travel and Expenses; Conflicts of Interest. -

(1) Personal benefit from funds. - No

part of the funds of the Foundation shall

inure to the benefit of any board member, officer, or employee of the Foundation, except as salary or reasonable

compensation for services or expenses.

(2) Travel and expense reimbursement.

- Compensation for board members

shall be limited to reimbursement for

reasonable costs of travel and expenses.

(3) Conflicts of interest. - No director,

officer, or employee of the Foundation

shall participate, directly or indirectly, in

the consideration or determination of

any question before the Foundation

affecting -

(A) the financial interests of the

director, officer, or employee; or

(B) the interests of any corporation,

partnership, entity, or organization in

which such director, officer, or employee -

(i) is an officer, director, or trustee;

or

(ii) has any direct or indirect financial interest.

(l) Records; Audits. - The Foundation

shall ensure that -

(1) each recipient of assistance provided through the Foundation under this

section maintains, for at least 5 years

after the receipt of the assistance,

separate accounts with respect to the

assistance and such records as may be

reasonably necessary to disclose fully -
438 Water Resources

(A) the amount and the disposition by

the recipient of the proceeds of the

assistance;

(B) the total cost of the project or

undertaking in connection with which

the assistance is given or used;

(C) the amount and nature of that

portion of the cost of the project or

undertaking supplied by other sources;

and

(D) such other records as will facilitate an effective audit; and

(2) the Foundation and any duly authorized representative of the Foundation

shall have access, for the purpose of

audit and examination, to any books,

documents, papers, and records of the

recipient that are pertinent to assistance

provided through the Foundation under

this section.

(m) Audits. -

(1) Independent audits. - For the fiscal

year in which the Foundation receives

the grant awarded under subsection (e),

and for the succeeding 5 fiscal years,

the accounts of the Foundation shall be

audited annually in accordance with

generally accepted auditing standards

by an independent certified public

accountant or an independent licensed

public accountant certified or licensed

by a regulatory authority of a State or

other political subdivision of the United

States. The report of each such independent audit shall be included in the

annual report required by subsection

(n).

(2) Agency audits. - For the fiscal year

in which the Foundation receives the

grant awarded under subsection (d), and

for the succeeding 5 fiscal years, the

financial transactions undertaken

pursuant to this section by the Foundation may be audited by any agency

designated by the President.

(n) Annual Reports. -

(1) In general. - Not later than 3 months

after the conclusion of each fiscal year,

the Foundation shall publish an annual

report that includes a comprehensive

and detailed report of the operations,

activities, financial condition, and

accomplishments of the Foundation

under this subtitle during the fiscal year.

(2) Termination. - The obligation of the

Foundation to publish annual reports

pursuant to this subsection shall terminate after publication of the report

incorporating the findings of the final

audit in accordance with procedures

required by subsection (l).

(o) Prohibition on Commercial Harvest. -

Trees planted pursuant to a program

receiving funds under this section may not

be commercially harvested and sold for

Christmas trees.

(p) Authorization of Appropriations. -

There is authorized to be appropriated

$25,000,000 to be granted by the Secretary of Agriculture to the Foundation. All

funds appropriated under this section may

remain available until expended.

Sec. 1265 Rural Tree Planting and

Forest Management Program.

 The Secretary of Agriculture is authorized to establish a rural tree planting and
Water Resources 439

forest management program as a special

component of the forest stewardship

program and the stewardship incentive

program established under sections 5 and

6 of the Cooperative Forestry Assistance

Act of 1978 (16 U.S.C. 2102) (16 U.S.C.

2103a, 2103b) (as amended by subtitle

A). Such program shall terminate on

December 31, 2001.

Sec. 1266 Community Tree Planting and

Improvement Program.

The Secretary of Agriculture is authorized

to establish a community tree planting and

improvement program as a special

component of the urban and community

forestry assistance program established

under section 9 of the Cooperative

Forestry Assistance Act of 1978 (16

U.S.C. 2105) (as amended by section

1219). Such program shall terminate on

December 31, 2001. (16 U.S.C. 2101

note)

Emergency reforestation assistance

Sec. 1271 (a) In general

The Secretary of Agriculture is authorized

to provide assistance under this section to

eligible landowners who suffer destruction of 35 percent or more of a commercial tree stand due to damaging weather,

related condition, or wildfire.

(b) Form of assistance

The assistance, if any, provided by the

Secretary under this section shall consist

of either -

(1) reimbursement of up to 65 percent

of the cost of reestablishing such tree

stand damaged by the damaging

weather, related condition, or wildfire in

excess of 35 percent mortality; or

(2) at the discretion of the Secretary,

provision of sufficient tree seedlings to

reestablish such tree stand.

(c) Conditions

(1) Limitation on assistance

No person may receive an amount in

excess of $25,000 in any fiscal year, or

an equivalent value in tree seedlings,

under this section. (2) Ineligibility A

person who has qualifying gross revenues in excess of $2,000,000 annually,

as determined by the Secretary, shall

not be eligible to receive any disaster

payment or other benefits under this

section. (3) Implementation In implementing this section, the Secretary shall

issue regulations -

(A) defining the term person for the

purposes of this section that shall

conform, to the extent practicable, to

the regulations defining the term

person issued under section 1308 of

title 7;

(B) prescribing such rules as the

Secretary determines necessary to

ensure a fair and reasonable application of the limitations established under

this subsection; and

(C) ensuring that no person receives

duplicative payments or assistance

under this section, the Cooperative

Forestry Assistance Act of 1978 (16

U.S.C. 2101 et seq.), and the environmental quality incentives program

established under chapter 4 of subtitle

D of title XII of the Food Security Act
440 Water Resources

of 1985 (16 U.S.C. 3839aa et seq.), or

other Federal program.

(d) Definitions

As used in this section -

(1) the term damaging weather includes

drought, hail, excessive moisture, freeze,

tornado, hurricane, excessive wind, or

any combination thereof;

(2) the term eligible landowner means a

person who -

(A) produces annual crops from trees

for commercial purposes and owns

500 acres or less of such trees;

(B) owns 1,000 acres or less of

private forest land; or

(C) owns more than 1,000 acres but

less than 5,000 acres of private forest

land if the Secretary, in the

Secretary’s discretion, determines the

person eligible;

(3) the term qualifying gross revenues

means -

(A) if a majority of the person’s

annual income is received from

farming, ranching, and forestry

operations, the gross revenue from the

person’s farming, ranching, and

forestry operations; and

(B) if less than a majority of the

person’s annual income is received

from farming, ranching, and forestry

operations, the person’s gross revenue

from all sources;

(4) the term related condition includes

insect infestations, disease, or other

deterioration of a tree stand that is

accelerated or exacerbated by damaging weather;

(5) the term reestablish includes site

preparation, reforestation of a damaged

stand, and timber stand improvement

practices, including thinning, prescribed

burning, and other practices approved

by the Secretary for reforestation;

(6) the term Secretary means the

Secretary of Agriculture; and

(7) the term wildfire means any forest

or range fire.

(e) Retroactive assistance

The Secretary shall use funds provided

under this section to reimburse landowners for approved reforestation practices

that were implemented before November

28, 1990. The Secretary shall not make

reimbursements for reforestation practices that were implemented prior to

September 1, 1989. (16 U.S.C. 2106a)

Forestry rural revitalization

Sec. 2371 (a) Establishment of economic

development and global marketing

program

The Secretary of Agriculture, acting

through the Extension Service and the

Cooperative Extension System, and in

consultation with the Forest Service, shall

establish and implement educational

programs and provide technical assistance to assist businesses, industries, and

policymakers to create jobs, raise incomes, and increase public revenues in

manners consistent with environmental

concerns.
Water Resources 441

(b) Activities

Each program established under subsection (a) of this section shall -

(1) transfer technologies to natural

resource-based industries in the United

States to make such industries more

efficient, productive, and competitive;

(2) assist businesses to identify global

marketing opportunities, conduct

business on an international basis, and

market themselves more effectively;

and

(3) train local leaders in strategic

community economic development.

(c) Types of programs

The Secretary of Agriculture shall

establish specific programs under subsection (a) of this section to -

(1) deliver educational services focused

on community economic analysis,

economic diversification, economic

impact analysis, retention and expansion

of existing commodity and

noncommodity industries, amenity

resource and tourism development, and

entrepreneurship focusing on forest

lands and rural communities;

(2) use Cooperative Extension System

databases and analytical tools to help

communities diversify their economic

bases, add value locally to raw forest

product materials, and retain revenues

by helping to develop local businesses

and industries to supply forest products

locally; and

(3) use the full resources of the Cooperative Extension Service, including

land-grant universities and county

offices, to promote economic development that is sustainable and environmentally sound. (7 U.S.C. 6601)

Sec. 2372 This chapter may be cited as

the ‘National Forest-Dependent Rural

Communities Economic Diversification

Act of 1990’. (7 U.S.C. 6601 note)

Findings and purpose

Sec. 2373 (a) Findings

The Congress finds that –

(1) the economic well-being of rural

America is vital to our national growth

and prosperity;

(2) the economic well-being of many

rural communities depends upon the

goods and services that are derived

from National Forest System land;

(3) the economies of many of these

communities suffer from a lack of

industrial and business diversity;

(4) this lack of diversity is particularly

serious in communities whose economies are predominantly dependent on

timber and recreation resources and

where management decisions made on

National Forest System land by Federal

and private organizations may disrupt

the supply of those resources;

(5) the Forest Service has expertise and

resources that could be directed to

promote modernization and economic

diversification of existing industries and

services based on natural resources;

(6) the Forest Service has the technical

expertise to provide leadership, in
442 Water Resources

cooperation with other governmental

agencies and the private sector, to assist

rural communities dependent upon

National Forest System land resources

to upgrade existing industries and

diversify by developing new economic

activity in non-forest-related industries;

and

(7) technical assistance, training,

education, and other assistance provided

by the Department of Agriculture can

be targeted to provide immediate help to

those rural communities in greatest

need.

(b) Purposes

The purposes of this subchapter are -

(1) to provide assistance to rural

communities that are located in or near

National Forest System land and that

are economically dependent upon

natural resources or are likely to be

economically disadvantaged by Federal

or private sector land management

practices;

(2) to aid in diversifying such communities’ economic bases; and

(3) to improve the economic, social, and

environmental well-being of rural

America. (7 U.S.C. 6611)

Definitions

Sec. 2374 As used in this subchapter:

(1) The term action team means a rural

natural resources and economic diversification action team established by the

Secretary pursuant to section 6613(b) of

this title.

(2) The term economically disadvantaged means economic hardship due to

the loss of jobs or income (labor or

proprietor) derived from forestry, the

wood products industry, or related

commercial enterprises such as recreation and tourism in the national forest.

(3) The term rural community means -

(A) any town, township, municipality,

or other similar unit of general purpose

local government, or any area represented by a not-for-profit corporation

or institution organized under State or

Federal law to promote broad based

economic development, or unit of

general purpose local government, as

approved by the Secretary, that has a

population of not more than 10,000

individuals, is located within a county

in which at least 15 percent of the

total primary and secondary labor and

proprietor income is derived from

forestry, wood products, and forestrelated industries such as recreation,

forage production, and tourism and

that is located within the boundary, or

within 100 miles of the boundary, of a

national forest; or

(B) any county that is not contained

within a Metropolitan Statistical Area

as defined by the United States Office

of Management and Budget, in which

at least 15 percent of the total primary

and secondary labor and proprietor

income is derived from forestry, wood

products, and forest-related industries

such as recreation, forage production,

and tourism and that is located within

the boundary, or within 100 miles of
Water Resources 443

the boundary, of a national forest.

(4) The term Secretary means the

Secretary of Agriculture. (7 U.S.C.

6612)

Rural natural resources and

economic diversification action

teams

Sec. 2375 (a) Requests for assistance

Economically disadvantaged rural communities may request assistance from the

Secretary in identifying opportunities that

will promote economic improvement and

diversification and revitalization.

(b) Establishment

Upon request, the Secretary may establish rural natural resources and economic

diversification action teams to prepare an

action plan to provide technical assistance

to economically disadvantaged communities. The action plan shall identify opportunities to promote economic diversification and enhance local economies now

dependent upon National Forest System

land resources. The action team may also

identify opportunities to use value-added

products and services derived from

National Forest System land resources.

(c) Organization

The Secretary shall design and organize

any action team established pursuant to

subsection (b) of this section to meet the

unique needs of the requesting rural

community. Each action team shall be

directed by an employee of the Forest

Service and may include personnel from

other agencies within the Department of

Agriculture, from other Federal and State

departments and agencies, and from the

private sector.

(d) Cooperation

In preparing action plans, the Secretary

may cooperate with State and local

governments, universities, private companies, individuals, and nonprofit organizations for procurement of services determined necessary or desirable.

(e) Eligibility

The Secretary shall ensure that no

substantially similar geographical or

defined local area in a State receives a

grant for technical assistance to an

economically disadvantaged community

under this subchapter and a grant for

assistance under a designated rural

development program during any continuous five-year period.

(f) Approval

After reviewing requests under this

section for financial and economic

feasibility and viability, the Secretary shall

approve and implement in accordance

with section 6614 of this title those action

plans that will achieve the purposes of

this subchapter.

(g) Designated rural development program defined

In this section, the term designated rural

development program means a program

carried out under section 1924(b),

1926(a), or 1932(e) of this title for which

funds are available at any time during the

fiscal year. (7 U.S.C. 6613)

Action plan implementation
444 Water Resources

Sec. 2376 (a) In general

Action plans shall be implemented, insofar

as practicable, to upgrade existing industries to use natural resources more

efficiently and to expand the economic

base of rural communities so as to

alleviate or reduce their dependence on

National Forest System land resources.

(b) Assistance

To implement action plans, the Secretary

may make grants and enter into cooperative agreements and contracts to provide

necessary technical and related assistance. Such grants, cooperative agreements, and contracts may be with the

affected rural community, State and local

governments, universities, corporations,

and other persons.

(c) Limitation

The Federal contribution to the overall

implementation of an action plan shall not

exceed 80 percent of the total cost of the

plan, including administrative and other

costs. In calculating the Federal contribution, the Secretary shall take into account

the fair market value of equipment,

personnel, and services provided.

(d) Available authority

The Secretary may use the Secretary’s

authority under the Cooperative Forestry

Assistance Act of 1978 (16 U.S.C. 2101

et seq.) and other Federal, State, and

local governmental authorities in implementing action plans.

(e) Consistency with forest plans

The implementation of action plans shall

be consistent with land and resource

management plans. (7 U.S.C. 6614)

Training and education

Sec. 2377 (a) Programs

In furtherance of an action plan, the

Secretary may use the Extension Service

and other appropriate agencies of the

Department of Agriculture to develop and

conduct education programs that assist

businesses, elected or appointed officials,

and individuals in rural communities to

deal with the effects of a transition from

being economically disadvantaged to

economic diversification. These programs

may include -

(1) community economic analysis and

strategic planning;

(2) methods for improving and retooling

enterprises now dependent on National

Forest System land resources;

(3) methods for expanding enterprises

and creating new economic opportunities by emphasizing economic opportunities in other industries or services not

dependent on National Forest System

land resources; and

(4) assistance in the evaluation, counseling, and enhancement of vocational

skills, training in basic and remedial

literacy skills, assistance in job seeking

skills, and training in starting or operating a business enterprise.

(b) Existing educational and training

programs

Insofar as practicable, the Secretary shall

use existing Federal, State, and private

education resources in carrying out these
Water Resources 445

programs. (7 U.S.C. 6615)

Loans to economically

disadvantaged rural communities

Sec. 2378 (a) In general

The Secretary, under such terms and

conditions as the Secretary shall establish,

may make loans to economically disadvantaged rural communities for the

purposes of securing technical assistance

and services to aid in the development

and implementation of action plans,

including planning for -

(1) improving existing facilities in the

community that may generate employment or revenue;

(2) expanding existing infrastructure,

facilities, and services to capitalize on

opportunities to diversify economies

now dependent on National Forest

System land resources; and

(3) supporting the development of new

industries or commercial ventures

unrelated to National Forest System

land resources.

(b) Interest rates

The interest rates on a loan made pursuant to this section shall be as determined

by the Secretary, but not in excess of the

current average market yield on outstanding marketable obligations of the United

States with remaining periods to maturity

comparable to the maturity of such loan,

plus not to exceed 1 percent, as determined by the Secretary, and rounded to

the nearest one-eighth of 1 percent. (7

U.S.C. 6616)

Authorization of appropriations and

spending authority

Sec. 2379 (a) Authorization of appropriations

Except as provided in subsection (b) of

this section, there are authorized to be

appropriated -

(1) an amount not to exceed 5 percent

of the sum of -

(A) the sums received by the Secretary from sales of timber and other

products of the forests; and

(B) user fees paid in connection with

the use of forest lands; and

(2) such additional sums as may be

necessary to carry out the purposes of

this subchapter.

(b) Limitation on authorization

Subsection (a) of this section shall not in

any way affect payments to the States

pursuant to section 500 of title 16.

(c) Spending authority

Any spending authority (as defined in

section 651 of title 2) provided in this

subchapter shall be effective for any

fiscal year only to such extent or in such

amounts as are provided in appropriation

Acts. (7 U.S.C. 6617)

Global Climate Change Prevention

Act of 1990

Sec. 2401 This title (enacting this

chapter and amending sections 1601 and

1602 of Title 16, Conservation) may be

cited as the ‘Global Climate Change

Prevention Act of 1990’. (7 U.S.C. 6701
446 Water Resources

note)

Global Climate Change Program

Sec. 2402 (a) Establishment

For the purpose of having within the

Department of Agriculture a focal point

for coordinating all issues of climate

change, the Secretary of Agriculture

(hereafter in this chapter referred to as

the Secretary) shall establish a Global

Climate Change Program (hereafter in

this section referred to as the Program).

The Secretary shall designate a director

of the Program who shall be responsible

to the Secretary for carrying out the

duties specified in subsections (b) and (c)

of this section.

(b) General duties

The Director shall -

(1) coordinate policy analysis, long

range planning, research, and response

strategies relating to climate change

issues;

(2) provide liaison with other Federal

agencies, through the Office of Science

and Technology Policy, regarding issues

of climate change;

(3) inform the Department of scientific

developments and policy issues relating

to the effects of climate change on

agriculture and forestry, including

broader issues that affect the impact of

climate change on the farms and forests

of the United States;

(4) recommend to the Secretary alternative courses of action with which to

respond to such scientific developments

and policy issues; and

(5) ensure that recognition of the

potential for climate change is fully

integrated into the research, planning,

and decision-making processes of the

Department.

(c) Specific responsibilities

The Director shall -

(1) coordinate the global climate change

studies required by section 6702 of this

title;

(2) provide, through such other agencies

as the Secretary determines appropriate, competitive grants for research in

climatology relating to the potential

impact of climate change on agriculture;

(3) coordinate the participation of the

Department in interagency climaterelated activities;

(4) consult with the National Academy

of Sciences and private, academic,

State, and local groups with respect to

climate research and related activities;

(5) represent the Department to the

Office of Science and Technology

Policy and coordinate the activities of

the Department in response to requirements of this chapter;

(6) represent the Department on the

Intergovernmental Panel on Climate

Change; and

(7) review all Department budget items

relating to climate change issues,

including specifically the research

budget to be submitted by the Secretary

to the Office of Science and Technology Policy and the Office of Manage-
Water Resources 447

ment and Budget. (7 U.S.C. 6701)

Study of global climate change,

agriculture, and forestry

Sec. 2403 (a) Crops

(1) In general

The Secretary shall study the effects of

global climate change on agriculture and

forestry. The study shall, at a minimum

address -

(A) the effects of simultaneous

increases in temperature and carbon

dioxide on crops of economic significance;

(B) the effects of more frequent or

more severe weather events on such

crops;

(C) the effects of potential changes in

hydrologic regimes on current crop

yields;

(D) the economic effects of widespread and increased drought frequency in the south, midwest, and

plains States; and

(E) changes in pest problems due to

higher temperatures.

(2) Further studies

If the results of the study conducted

under paragraph (1) warrant, the

Secretary shall conduct further studies

that address the means of mitigating the

effects of global climate change on

crops of economic significance that

shall, at a minimum -

(A) identify whether climate change

tolerance can be bred into these crops,

the amount of time necessary for any

such breeding, and the effects on the

income of farmers;

(B) evaluate existing genetic resource

and breeding programs for crops for

their ability to develop new varieties

that can tolerate potential climate

changes; and

(C) assess the potential for the

development of crop varieties that are

tolerant to climate changes and other

environmental stresses, such as

drought, pests, and salinity.

(b) Forests

The Secretary shall conduct a study on

the emissions of methane, nitrous oxide,

and hydrocarbons from tropical and

temperate forests, the manner in which

such emissions may affect global climate

change; the manner in which global

climate change may affect such emissions; and the manner in which such

emissions may be reduced through

management practices. The study shall, at

a minimum -

(1) obtain measurements of nitrous

oxide, methane, and nonmethane

hydrocarbons from tropical and temperate forests;

(2) determine the manner in which the

nitrous oxide, methane, and nonmethane

hydrocarbon emissions from temperate

and tropical forest systems will respond

due to climate change; and

(3) identify and address alternative

management strategies for temperate

and tropical forests that may mitigate

any negative effects of global climate
448 Water Resources

change.

(c) Reports

The Secretary shall submit reports of the

studies conducted under subsections (a)

and (b) of this section within 3 and 6

years, respectively, after November 28,

1990, to the Committee on Agriculture

and the Committee on Science, Space,

and Technology of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the

Senate. In addition, interim reports

regarding such studies shall be provided

by the Secretary to such Committees

annually, with recommendations for

actions which may be taken to mitigate

the negative effects of global climate

change and to adapt to global climate

changes and related phenomena. (7

U.S.C. 6702)

Office of International Forestry

Sec. 2405 (a) Establishment

The Secretary, acting through the Chief

of the Forest Service, shall establish an

Office of International Forestry within the

Forest Service within six months after

November 28, 1990.

(b) Deputy Chief designation

The Chief shall appoint a Deputy Chief

for International Forestry.

(c) Duties

The Deputy Chief shall –

(1) be responsible for the international

forestry activities of the Forest Service;

(2) coordinate the activities of the

Forest Service in implementing the

provisions of this chapter; and

(3) serve as Forest Service liaison to the

director for the program established

pursuant to section 6701 of this title.

(d) Authorization of appropriations

There are authorized to be appropriated

for each of fiscal years 1996 through

[Amended by Pub. L. 107-171, sec. 8102,

116 Stat. 475.] 2002 2007 such sums as

are necessary to carry out this section. (7

U.S.C. 6704)

Line item

Sec. 2406 The President’s proposed

budget to Congress for the first fiscal

year beginning after November 28, 1990,

and for each subsequent fiscal year shall

specifically identify funds to be spent on

Forest Service international cooperation

and assistance. (7 U.S.C. 6705)

Institutes of Tropical Forestry

Sec. 2407 The Secretary is authorized

and directed to establish an Institute of

Tropical Forestry in Puerto Rico and an

Institute of Pacific Islands Forestry

(hereafter in this section referred to as

the Institutes). The Institutes shall conduct research on forest management and

natural resources that shall include -

(1) management and development of

tropical forests;

(2) the relationship between climate

change and tropical forests;

(3) threatened and endangered species;

(4) recreation and tourism;

(5) development of tropical forest
Water Resources 449

resources on a sustained yield basis;

(6) techniques to monitor the health and

productivity of tropical forests;

(7) tropical forest regeneration and

restoration; and

(8) the effects of tropical deforestation

on biodiversity, global climate, wildlife,

soils, and water. (7 U.S.C. 6706)

Urban forestry demonstration

projects

Sec. 2409 The Secretary is authorized to

undertake, through the Forest Service’s

Northeastern Area State and Private

Forestry program, a study and pilot

implementation project to demonstrate the

benefits of retaining and integrating

forests in urban development. The focus

of such a study and implementation

project should be to protect the environment and associated natural resource

values, for current and future generations.

(7 U.S.C. 6707)

Biomass energy demonstration

projects

Sec. 2410 The Secretary, in consultation

with the Secretary of Energy, may carry

out projects that demonstrate the potential

of short-rotation silvicultural methods to

produce wood for electricity production

and industrial energy needs. In carrying

out such projects, the Secretary shall

cooperate with private industries, Federal

and State agencies, and other organizations. (7 U.S.C. 6708)

Interagency cooperation to maximize

biomass growth

Sec. 2411 The Secretary may enter into

an agreement with the Secretary of

Defense to –

***
450 Forest Service State and Private Forest Land

Right of Eminent Domain

August 1, 1888 (Ch. 782, 25 Stat. 357; 40 U.S.C. 257)

In every case in which the Secretary of

the Treasury or any other officer of the

Government has been, or hereafter shall

be, authorized to procure real estate for

the erection of a public building or for

other public uses, he may acquire the

same for the United States by condemnation, under judicial process, whenever in

his opinion it is necessary or advantageous to the Government to do so, and

the Attorney General of the United

States, upon every application of the

Secretary of the Treasury, under this

section and section 258 (Section 258 has

been omitted.) of this title, or such other

officer, shall cause proceedings to be

commenced for condemnation within

thirty days from receipt of the application

at the Department of Justice. (40 U.S.C.

257)
Forest Service State and Private Forests Lands 451

Renewable Resources Extension Act of 1978

June 30, 1978 (Pub. L. 95–306, 92 Stat. 349; 16 U.S.C. 1671

note, 1671 to 1674, 1674a, 1674b, 1675, 1676, 1671)

Sec. 1 That this Act may be cited as the

“Renewable Resources Extension Act of

1978”. (16 U.S.C. 1671 note)

Finding

Sec. 2 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 Act

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. (16 U.S.C. 1671)

Types of Programs; Eligible Colleges

and Universities

Sec. 3 (a) the Secretary of Agriculture

(hereinafter in this Act 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 forestand 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;
452 Forest Service State and Private Forest Land

(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

non-industrial 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) As used in this Act, 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, 1982 (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 college 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) 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. (16 U.S.C. 1672)

State Renewable Resources

Extension Programs

Sec. 4 (a) The State director of cooperative extension programs (hereinafter in

this Act 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
Forest Service State and Private Forests Lands 453

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 1408 of the Food and

Agriculture Act of 1977 shall review and

make recommendations to the Secretary

pertaining to programs conducted under

this Act.

(b) 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) 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) 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) For the purposes of this Act, 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. (16

U.S.C. 1673)

National Renewable Resources

Extension Program

Sec. 5 (a) The Secretary shall prepare a

five-year plan for implementing this Act,

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
454 Forest Service State and Private Forest Land

Renewable Resources Ex- tension

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 watersheld

management (giving, special attention to

water quality protection), as well as brief

outlines of general extension programs for

recognition and enhancement of forestand 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) 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 3 of the Forest and Rangeland

Renewable Resources Planning Act of

1974 and the periodic appraisal of land

and water resources provided for in

section 5 of the Soil and Water Resources

Conservation Act of 1977.

(c) To provide information that will aid

Congress in its oversight responsibilities

and to provide accountability in implementing this Act, the Secretary shall

prepare an annual report, which shall be

furnished to Congress at the time of

submission of each annual fiscal budget,

beginning with the annual fiscal budget

for the fiscal year ending September 30,

1981. The annual report shall set forth

accomplishments of the Renewable

Resources Extension Program, its

strengths and weaknesses, recommendations for improvement, and costs of

program administration, each with respect

to the preceding fiscal year.

(d) 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. (16

U.S.C. 1674)

Expanded Programs

Sec. 5A (a) In General.—The Secretary,

acting through the Extension Service and

the State cooperative extension services,

and in consultation with State foresters or
Forest Service State and Private Forests Lands 455

equivalent State officials, school boards,

and universities, shall expand forestry and

natural resources education programs

conducted under this Act 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 Act, 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. (16

U.S.C. 1674a)

Sustainable Forestry Outreach

Initiative

Sec. 5B 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. (16 U.S.C.

1674b)

Appropriations Authorization

Sec. 6 There is authorized to be appropriated to carry out this Act $30,000,000 for

each of fiscal years 2002 through 2007.

Generally, States shall be eligible for

funds appropriated under this Act 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 3 of the

Forest and Rangeland Renewable Resources Planning Act of 1974 and the

periodic appraisal of land and water

resources provided for in section 5 of the

Soil and Water Resources Conservation

Act of 1977. (16 U.S.C. 1675)

Regulations and Coordination

Sec. 7 The Secretary is authorized to

issue such rules and regulations as the
456 Forest Service State and Private Forest Land

Secretary deems necessary to implement

the provisions of this Act and to coordinate this Act with title XIV of the Food

and Agriculture Act of 1977. (16 U.S.C.

1676)

Effective Date

Sec. 8 The provisions of this Act shall be

effective for the period beginning October

1, 1978, and ending September 30, 2007.

(16 U.S.C. 1671)
Forest Service State and Private Forests Lands 457

Cooperative Forestry Assistance Act of 1978

July 1, 1978 (Pub. L. 95-313, 92 Stat. 365; 16 U.S.C. 2101

note, 2101, 2102, 2103a, 2103c, 2104 to 2110, 1606, 1510,

2101 note, 2112 to 2114)

Findings, purpose, and policy

Sec. 2 (a) Findings

Congress finds that –

(1) most of the productive forest land of

the United States is in private, State,

and local governmental ownership, and

the capacity of the United States to

produce renewable forest resources is

significantly dependent on such nonFederal forest lands;

(2) adequate supplies of timber and

other forest resources are essential to

the United States, and adequate supplies

are dependent on efficient methods for

establishing, managing, and harvesting

trees and processing, marketing, and

using wood and wood products;

(3) nearly one-half of the wood supply

of the United States comes from

nonindustrial private timberlands and

such percentage could rise with expanded assistance programs;

(4) managed forest lands provide

habitats for fish and wildlife, as well as

aesthetics, outdoor recreation opportunities, and other forest resources;

(5) the soil, water, and air quality of the

United States can be maintained and

improved through good stewardship of

privately held forest resources;

(6) insects and diseases affecting trees

occur and sometimes create emergency

conditions on all land, whether Federal

or non-Federal, and efforts to prevent

and control such insects and diseases

often require coordinated action by both

Federal and non-Federal land managers;

(7) fires in rural areas threaten human

lives, property, forests and other resources, and Federal-State cooperation

in forest fire protection has proven

effective and valuable;

(8) trees and forests are of great

environmental and economic value to

urban areas;

(9) managed forests contribute to

improving the quality, quantity, and

timing of water yields that are of broad

benefit to society;

(10) over half the forest lands of the

United States are in need of some type

of conservation treatment;

(11) forest landowners are being faced

with increased pressure to convert their

forest land to development and other

purposes;

(12) increased population pressures and

user demands are being placed on

private, as well as public, landholders to

provide a wide variety of products and

services, including fish and wildlife

habitat, aesthetic quality, and recreational opportunities;
458 Forest Service State and Private Forest Land

(13) stewardship of privately held forest

resources requires a long-term commitment that can be fostered through local,

State, and Federal governmental

actions;

(14) the Department of Agriculture,

through the coordinated efforts of its

agencies with forestry responsibilities,

cooperating with other Federal agencies, State foresters, and State political

subdivisions, has the expertise and

experience to assist private landowners

in achieving individual goals and public

benefits regarding forestry;

(15) the products and services resulting

from nonindustrial private forest land

stewardship provide income and employment that contribute to the economic health and diversity of rural

communities;

(16) sustainable agroforestry systems

and tree planting in semiarid lands can

improve environmental quality and

maintain farm yields and income; and

(18) the same forest resource supply,

protection, and management issues that

exist in the United States are also

present on an international scale, and

the forest and rangeland renewable

resources of the world are threatened

by deforestation due to conversion to

agriculture of lands better suited to

other purposes, over-grazing, overharvesting, and other causes which pose

a direct adverse threat to people, the

global environment, and the world

economy. 2

(b) Purpose

It is the purpose of this chapter to authorize the Secretary of Agriculture (hereafter in this chapter referred to as the

“Secretary”), with respect to non-Federal

forest lands in the United States, and

forest lands in foreign countries, of the

United States, to assist in –

(1) the establishment of a coordinated

and cooperative Federal, State, and

local forest stewardship program for

management of the non-Federal forest

lands;

(2) the encouragement of the production

of timber;

(3) the prevention and control of insects

and diseases affecting trees and forests;

(4) the prevention and control of rural

fires;

(5) the efficient utilization of wood and

wood residues, including the recycling

of wood fiber;

(6) the improvement and maintenance

of fish and wildlife habitat;

(7) the planning and conduct of urban

forestry programs;

(8) broadening existing forest management, fire protection, and insect and

disease protection programs on nonFederal forest lands to meet the multiple

use objectives of landowners in an

environmentally sensitive manner;

(9) providing opportunities to private

landowners to protect ecologically

valuable and threatened non-Federal

forest lands; and

(10) strengthening educational, technical, and financial assistance programs
Forest Service State and Private Forests Lands 459

that provide assistance to owners of

non-Federal forest lands in the United

States, and forest lands in foreign

countries,. 3

(c) Policy

It is the policy of Congress that it is in the

national interest for the Secretary to work

through and in cooperation with State

foresters, or equivalent State officials,

nongovernmental organizations, and the

private sector in implementing Federal

programs affecting non-Federal forest

lands.

(d) Construction

This chapter shall be construed to

complement the policies and direction

under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16

U.S.C. 1600 et seq.). (16 U.S.C. 2101)

1

 1990 - Pub. L. 101-624 amended

section generally, substituting present

provisions for provisions which set forth

Congressional findings and declarations,

and statements of purpose and national

interest, and which related to application

with forest and rangeland renewable

resources provisions. See Codification

note above.

2

 So in original. Probably should be

“(17)”.

3

 So in original.

Rural forestry assistance

Sec. 3 (a) Assistance to forest landowners and others

The Secretary may provide financial,

technical, educational, and related assistance to State foresters or equivalent

State officials, and State extension

directors, to enable such officials to

provide technical information, advice, and

related assistance to private forest land

owners and managers, vendors, forest

resource operators, forest resource

professionals, public agencies, and

individuals to enable such persons to

carry out activities that are consistent

with the purposes of this chapter, including –

(1) protecting, maintaining, enhancing,

restoring, and preserving forest lands

and the multiple values and uses that

depend on such lands;

(2) identifying, protecting, maintaining,

enhancing, and preserving wildlife and

fish species, including threatened and

endangered species, and their habitats;

(3) implementing forest management

technologies;

(4) selecting, producing, and marketing

alternative forest crops, products and

services from forest lands;

(5) protecting forest land from damage

caused by fire, insects, disease, and

damaging weather;

(6) managing the rural-land and urbanland interface to balance the use of

forest resources in and adjacent to

urban and community areas;

(7) identifying and managing recreational forest land resources;

(8) identifying and protecting the

aesthetic character of forest lands;

(9) protecting forest land from conver-
460 Forest Service State and Private Forest Land

sion to alternative uses; and

(10) the management of resources of

forest lands, including –

(A) the harvesting, processing, and

marketing of timber and other forest

resources and the marketing and

utilization of wood and wood products;

(B) the conversion of wood to energy

for domestic, industrial, municipal, and

other uses;

(C) the planning, management, and

treatment of forest land, including site

preparation, reforestation, thinning,

prescribed burning, and other silvicultural activities designed to increase the

quantity and improve the quality of

timber and other forest resources;

(D) ensuring that forest regeneration

or reforestation occurs if needed to

sustain long-term resource productivity;

(E) protecting and improving forest

soil fertility and the quality, quantity,

and timing of water yields; and

(F) encouraging the investment of a

portion of the proceeds from the sale

of timber or other forest resources in

stewardship activities that preserve,

protect, maintain, and enhance their

forest land.

(b) State forestry assistance

The Secretary is authorized to provide

financial, technical, and related assistance

to State foresters, or equivalent State

officials, to –

(1) develop genetically improved tree

seeds;

(2) develop and contract for the development of field arboretums, greenhouses, and tree nurseries, in cooperation with a State, to facilitate production

and distribution of tree seeds and

seedlings in States where the Secretary

determines that there is an inadequate

capacity to carry out present and future

reforestation needs;

(3) procure, produce, and distribute tree

seeds and trees for the purpose of

establishing forests, windbreaks,

shelterbelts, woodlots, and other

plantings;

(4) plant tree seeds and seedlings on

non-Federal forest lands that are

suitable for the production of timber,

recreation, and for other benefits

associated with the growing of trees;

(5) plan, organize, and implement

measures on non-Federal forest lands,

including thinning, prescribed burning,

and other silvicultural activities designed

to increase the quantity and improve the

quality of trees and other vegetation,

fish and wildlife habitat, and water

yielded therefrom; and

(6) protect or improve soil fertility on

non-Federal forest lands and the quality,

quantity, and timing of water yields

therefrom.

(c) Implementation

In implementing this section, the Secretary shall cooperate with other Federal,

State, and local natural resource management agencies, universities and the

private sector.

(d) Authorization of appropriations
Forest Service State and Private Forests Lands 461

There are authorized to be appropriated

such sums as may be necessary to carry

out this section. (16 U.S.C. 2102)

[Amended generally by Pub. L. 107-171,

sec. 8002(b), 116 Stat. 468.]

“(b) Forest Land Enhancement Program.—The Cooperative Forestry

Assistance Act of 1978 is amended by

inserting after section 3 (16

U.S.C. 2102) the following:

“SEC. 4. (NOTE: 16 U.S.C. 2103)

FOREST LAND ENHANCEMENT

PROGRAM.

 “(a) Establishment.—

 “(1) In general.—The Secretary of

Agriculture shall establish a forest land

enhancement program—

 “(A) to provide financial assistance to

State foresters; and

 “(B) to encourage the long-term

sustainability of nonindustrial private

forest lands in the United States by

assisting the owners of nonindustrial

private forest lands, through State

foresters, in more actively managing

the nonindustrial private forest lands

and related resources of those

owners through the use of State,

Federal, and private sector resource

management expertise, financial

assistance, and educational programs.

 “(2) Coordination and consultation.—

The Secretary, acting through State

foresters, shall implement the program—

 “(A) in coordination with the State

Forest Stewardship Coordinating

Committees; and

 “(B) in consultation with other

Federal, State, and local natural

resource management agencies,

institutions of higher education, and a

broad range of private sector interests.

 “(b) Program Objectives.—In implementing the program, the Secretary shall

target resources to achieve the following

objectives:

 “(1) Investing in practices to establish,

restore, protect, manage, maintain, and

enhance the health and productivity of

the nonindustrial private forest lands in

the United States for timber, habitat for

flora and fauna, soil, water, and air

quality, wetlands, and riparian buffers.

 “(2) Ensuring that afforestation,

reforestation, improvement of poorly

stocked stands, timber stand improvement, practices necessary to improve

seedling growth and survival, and

growth enhancement practices occur

where needed to enhance and sustain

the long-term productivity of timber and

nontimber forest resources to help meet

future public demand for all forest

resources and provide environmental

benefits.

 “(3) Reducing the risks and helping

restore, recover, and mitigate the

damage to forests caused by fire,

insects, invasive species, disease, and

damaging weather.

 “(4) Increasing and enhancing carbon

sequestration opportunities.

 “(5) Enhancing implementation of
462 Forest Service State and Private Forest Land

agroforestry practices.

 “(6) Maintaining and enhancing the

forest landbase and leverage State and

local financial and technical assistance

to owners that promote the same

conservation and environmental values.

 “(7) Preserving the aesthetic quality of

nonindustrial private forest lands and

providing opportunities for outdoor

recreation.

 “(c) State Priority Plan.—

 “(1) Development.—The State Forester and State Forest Stewardship

Coordinating Committee of a State shall

jointly develop and submit to the Secretary a State priority plan that is intended

to promote forest management objectives in that State.

 “(2) (NOTE: Deadline) Report.—Not

later than September 30, 2006, each

State that implemented a State priority

plan shall submit to the Secretary a

report describing the status of all

activities and practices funded under the

program as of that date.

 “(d) Owner Eligibility for Assistance.—

 “(1) Eligibility criteria.—To be eligible

for cost-share assistance under the

program, an owner of nonindustrial

private forest lands shall agree—

 “(A) to develop and implement, in

cooperation with a State forester,

another State official, or a professional

resources manager, a management

plan that—

 “(i) except as provided in paragraph

(2) or (3), provides for the treatment

of not more than 1,000 acres of

nonindustrial private forest lands;

 “(ii) is approved by the State

forester; and

 “(iii) addresses site specific activities and practices; and

 “(B) to implement approved activities

and practices in a manner consistent

with the management plan for a period

of not less than 10 years, unless the

State forester approves a modification

to the plan.

 “(2) Public benefit exception.—The

Secretary may increase the acreage

limitation specified in paragraph

(1)(A)(i) to not more than 5,000 acres

for an owner of nonindustrial private

forest lands if the Secretary, in consultation with the State forester, determines

that significant public benefits will

accrue as a result of the provision of

cost-share assistance under the program for the treatment of the additional

acreage.

 “(3) Plan development exception.—An

owner may receive cost-share assistance under the program for the purpose of developing a management plan

under subsection (e) that provides for

the treatment of acreage in excess of

the acreage limitations specified in

paragraphs (1)(A)(i) and (2), except

that the owner’s eligibility for cost-share

assistance to implement approved

activities and practices under the

management plan remains subject to the

acreage limitation specified in paragraph

(1)(A)(i) or, if the Secretary makes the

determination described in paragraph
Forest Service State and Private Forests Lands 463

(2), the acreage limitation specified in

that paragraph.

 “(e) Management Plan.—

 “(1) Submission and content.—An

owner of nonindustrial private forest

lands that seeks to participate in the

program shall submit to the State

forester of the State in which the lands

are located a management plan that—

 “(A) identifies and describes projects

and activities to be carried out by the

owner to protect or enhance soil,

water, air, range and aesthetic quality,

recreation, timber, water, wetland, or

fish and wildlife resources on the lands

in a manner that is compatible with the

objectives of the owner;

 “(B) addresses any criteria established by the State and the applicable

Committee; and

 “(C) meets the other requirements of

this section.

 “(2) Lands covered.—At a minimum,

the management plan shall apply to

those portions of the nonindustrial

private forest lands of the owner on

which any project or activity funded

under the program will be carried out.

In a case in which a project or activity

may affect acreage outside the portion

of the land on which the project or

activity is carried out, the management

plan shall apply to all lands of the owner

that are in forest cover and may be

affected by the project or activity.

 “(f) Approved Activities.—

 “(1) State list.—The Secretary shall

develop for each State a list of approved forest activities and practices

eligible for cost-share assistance that

meets the purposes of

 the program. The Secretary shall

develop the list for a State in consultation with the State forester and the

Committee for that State.

 “(2) Types of activities.—Approved

activities and practices under paragraph

(1) may consist of activities and practices for the following purposes:

 “(A) The establishment, management,

maintenance, and restoration of

forests for shelterbelts, windbreaks,

aesthetic quality, and other conservation purposes.

 “(B) The sustainable growth and

management of forests for timber

production.

 “(C) The restoration, use, and enhancement of forest wetland and

riparian areas.

 “(D) The protection of water quality

and watersheds through—

 “(i) the planting of trees in riparian

areas; and

 “(ii) the enhanced management and

maintenance of native vegetation on

land vital to water quality.

 “(E) The management, maintenance,

restoration, or development of habitat

for plants, fish, and wildlife.

 “(F) The control, detection, monitoring, and prevention of the spread of

invasive species and pests on nonindustrial private forest lands.
464 Forest Service State and Private Forest Land

 “(G) The restoration of nonindustrial

private forest land affected by invasive species and pests.

 “(H) The conduct of other management activities, such as the reduction

of hazardous fuels, that reduce the

risks to forests posed by, and that

restore, recover, and mitigate the

damage to forests caused by, fire or

any other catastrophic event, as

determined by

 the Secretary.

 “(I) The development of management

plans;

 “(J) The conduct of energy conservation and carbon sequestration activities.

 “(K) The conduct of other activities

approved by the Secretary, in consultation with the State forester and the

appropriate Committees.

 “(g) Reimbursement of Eligible Activities.—

 “(1) In general.—In the case of an

eligible owner that has an approved

management plan, the Secretary shall

share the cost of implementing the

approved activities and practices that

the Secretary determines are appropriate.

 “(2) Rate.—The Secretary shall

determine the appropriate reimbursement rate for cost-share payments

under paragraph (1) and the schedule

for making those payments.

 “(3) Maximum cost share.—The

Secretary shall not make cost-share

payments under this subsection to an

owner in an amount in excess of 75

percent, or a lower percentage as

determined by the State forester, of the

total cost to the owner to implement the

approved activities and practices under

the management plan.

 “(4) Aggregate payment limit.—The

Secretary shall determine the maximum

aggregate amount of cost-share payments that an owner may receive under

the program.

 “(5) Consultation.—The Secretary shall

make determinations under this subsection in consultation with the State

forester.

 “(h) Recapture.—

 “(1) In general.—The Secretary shall

establish and implement a mechanism to

recapture payments made to an owner

in the event that the owner fails to

implement an approved activity or

practice specified in the management

plan for which the owner received costshare payments.

 “(2) Additional remedy.—The remedy

provided in paragraph (1) is in addition

to any other remedy available to the

Secretary.

 “(i) Distribution of Cost-Share Funds.—

The Secretary, acting through the State

foresters, shall distribute funds available

for cost sharing under the program only

after giving appropriate consideration to

the following factors:

 “(1) The public benefits that would

result from the distribution.
Forest Service State and Private Forests Lands 465

 “(2) The total acreage of nonindustrial

private forest lands in each State.

 “(3) The potential productivity of those

lands, as determined by the Secretary.

 “(4) The number of owners eligible for

cost sharing in each State.

 “(5) The opportunities to enhance

nontimber resources on those lands,

including—

 “(A) the protection of riparian buffers

and forest wetland;

 “(B) the preservation of fish and

wildlife habitat;

 “(C) the enhancement of soil, air, and

water quality; and

 “(D) the preservation of aesthetic

quality and opportunities for outdoor

recreation.

 “(6) The anticipated demand for timber

and nontimber resources in each State.

 “(7) The need to improve forest health

to minimize the damaging effects of

catastrophic fire, insects, disease, or

weather.

 “(8) The need and demand for

agroforestry practices in each State.

 “(9) The need to maintain and enhance

the forest landbase.

 “(10) The need for afforestation,

reforestation, and timber stand improvement.

 “(j) Availability of Funds.—The Secretary shall use $100,000,000 of funds of

the Commodity Credit Corporation to

carry out the Program during the period

beginning on the date of enactment of the

Farm Security and Rural Investment Act

of 2002 and ending on September 30,

2007.

 “(k) Definitions.—In this section:

 “(1) Nonindustrial private forest

lands.—The term ‘nonindustrial private

forest lands’ means rural lands, as

determined by the Secretary, that—

 “(A) have existing tree cover or are

suitable for growing trees; and

 “(B) are owned by any nonindustrial

private individual, group, association,

corporation, Indian tribe, or other

private legal entity so long as the

individual, group, association, corporation, tribe, or entity has definitive

decision-making authority over the

lands.

 “(2) Committee.—The terms ‘State

Forest Stewardship Coordinating

Committee’ and ‘Committee’ means a

State Forest Stewardship Coordinating

Committee established under section

19(b).

 “(3) Indian tribe.—The term ‘Indian

tribe’ has the meaning given the term in

section 4 of the Indian Self-Determination and Education Assistance Act (25

U.S.C. 450b).

 “(4) Owner.—The term ‘owner’

means an owner of nonindustrial private

forest land.

 “(5) Program.—The term ‘program’

means the forest land enhancement

program established by this section.

 “(6) Secretary.—The term ‘Secretary’
466 Forest Service State and Private Forest Land

means the Secretary of Agriculture.

 “(7) State forester.—The term ‘State

forester’ means the director or other

head of a State Forestry Agency or

equivalent State official.”. (16 U.S.C.

2102)

Forest Stewardship Program

Sec. 5 (a) Establishment

The Secretary, in consultation with State

foresters or equivalent State officials,

shall establish a Forest Stewardship

Program (hereafter referred to in this

section as the “Program”) to encourage

the long-term stewardship of nonindustrial

private forest lands by assisting owners of

such lands to more actively manage their

forest and related resources by utilizing

existing State, Federal, and private sector

resource management expertise and

assistance programs.

(b) Goal

The goal of the Program shall be to enter

at least 25,000,000 acres of nonindustrial

private forest lands in the Program by

December 31, 1995.

(c) “Nonindustrial private forest lands”

defined

For the purposes of this section, the term

“nonindustrial private forest lands” means

rural, as determined by the Secretary,

lands with existing tree cover, or suitable

for growing trees, and owned by any

private individual, group, association,

corporation, Indian tribe, or other private

legal entity.

(d) Implementation

In carrying out the Program the Secretary, in consultation with State foresters

or equivalent State officials, shall provide

financial, technical, educational, and

related assistance to State foresters or

equivalent State officials, including

assistance to help such State foresters or

equivalent officials to provide financial

assistance to other State and local natural

resource entities, both public and private,

and land-grant universities for the delivery

of information and professional assistance

to owners of nonindustrial private forest

lands. Such information and assistance

shall be directed to help such owners

understand and evaluate alternative

actions they might take, including –

(1) managing and enhancing the productivity of timber, fish and wildlife habitat,

water quality, wetlands, recreational

resources, and the aesthetic value of

forest lands;

(2) investing in practices to protect,

maintain, and enhance the resources

identified in paragraph (1);

(3) ensuring that afforestation, reforestation, improvement of poorly stocked

stands, timber stand improvement,

practices necessary to improve seedling

growth and survival, and growth enhancement practices occur where

needed to enhance and sustain the longterm productivity of timber and

nontimber forest resources to help meet

future public demand for all forest

resources and provide the environmental benefits that result; and

(4) protecting their forests from damage

caused by fire, insects, disease, and
Forest Service State and Private Forests Lands 467

damaging weather.

(e) Eligibility

All nonindustrial private forest lands that

are not in management under Federal,

State, or private sector financial and

technical assistance programs existing on

November 28, 1990, are eligible for

assistance under the Program. Nonindustrial private forest lands that are managed

under such existing programs are eligible

for assistance under the Program if forest

management activities are expanded and

enhanced and the landowner agrees to

meet the requirements of this chapter.

(f) Duties of owners

To enter forest land into the Program,

landowners shall –

(1) prepare and submit to the State

forester or equivalent State official a

forest stewardship plan that meets the

requirements of this section and that –

(A) is prepared by a professional

resource manager;

(B) identifies and describes actions to

be taken by the landowner to protect

soil, water, range, aesthetic quality,

recreation, timber, water, and fish and

wildlife resources on such land in a

manner that is compatible with the

objectives of the landowner; and

(C) is approved by the State forester,

or equivalent State official; and

(2) agree that all activities conducted on

such land shall be consistent with the

stewardship plan.

(g) Stewardship recognition

The Secretary, in consultation with State

foresters or equivalent State officials, is

encouraged to develop an appropriate

recognition program for landowners who

practice stewardship management on

their lands, with an appropriate, special

recognition symbol and title.

(h) Authorization of appropriations

There are hereby authorized to be

appropriated $25,000,000 for each of the

fiscal years 1991 through 1995, and such

sums as may be necessary thereafter, to

carry out this section. (16 U.S.C. 2103a)

Forest Legacy Program

Sec. 7 (a) Establishment and purpose

The Secretary shall establish a program,

to be known as the Forest Legacy

Program, in cooperation with appropriate

State, regional, and other units of government for the purposes of ascertaining and

protecting environmentally important

forest areas that are threatened by

conversion to nonforest uses and, through

the use of conservation easements and

other mechanisms, for promoting forest

land protection and other conservation

opportunities. Such purposes shall also

include the protection of important scenic,

cultural, fish, wildlife, and recreational

resources, riparian areas, and other

ecological values.

(b) State and regional forest legacy

programs

The Secretary shall exercise the authority

under subsection (a) of this section in

conjunction with State or regional programs that the Secretary deems consis-
468 Forest Service State and Private Forest Land

tent with this section.

(c) Interests in land

In addition to the authorities granted

under section 515 of this title and section

428a(a) of title 7, the Secretary may

acquire from willing landowners lands and

interests therein, including conservation

easements and rights of public access, for

Forest Legacy Program purposes. The

Secretary shall not acquire conservation

easements with title held in common

ownership with any other entity.

(d) Implementation

(1) In general

Lands and interests therein acquired

under subsection (c) of this section may

be held in perpetuity for program and

easement administration purposes as the

Secretary may provide. In administering

lands and interests therein under the

program, the Secretary shall identify the

environmental values to be protected by

entry of the lands into the program,

management activities which are

planned and the manner in which they

may affect the values identified, and

obtain from the landowner other information determined appropriate for

administration and management purposes.

(2) Initial programs

Not later than November 28, 1991, the

Secretary shall establish a regional

program in furtherance of the Northern

Forest Lands Study in the States of

New York, New Hampshire, Vermont,

and Maine under Public Law 100-446.

The Secretary shall establish additional

programs in each of the Northeast,

Midwest, South, and Western regions of

the United States, and the Pacific

Northwest (including the State of

Washington), on the preparation of an

assessment of the need for such

programs.

[Amended by Pub. L. 108-108, sec. 336,

117 Stat. 1313.]

(3) Transfer of forest legacy program

land—

(A) In general.—

Subject to any terms and conditions

that the Secretary may require (including the requirements described in

subparagraph (B)), the Secretary may,

at the request of the State of Vermont,

convey to the State, by quitclaim deed,

without consideration, any land or

interest in land acquired in the State

under the Forest Legacy Program.

(B) Requirements.—

In conveying land or an interest in land

under subparagraph (A), the Secretary

may require that—

 (i) the deed conveying the land or

interest in land include requirements

for the management of the land in a

manner that

(I) conserves the land or interest in

land; and

(II) is consistent with any other

Forest Legacy Program purposes

for which the land or interest in

land was acquired;

(ii) if the land or interest in land is

subsequently sold, exchanged, or
Forest Service State and Private Forests Lands 469

otherwise disposed of by the State of

Vermont, the State shall—

(I) reimburse the Secretary in an

amount that is based on the current

market value of the land or interest

in land in proportion to the amount

of consideration paid by the United

States for the land or interest in

land; or

(II) convey to the Secretary land or

an interest in land that is equal in

value to the land or interest in land

conveyed.

(C) Disposition of funds.—

Amounts received by the Secretary

under subparagraph (B)(ii) shall be

credited to the Wildland Fire Management account, to remain available until

expended.”.

(e) Eligibility

Not later than November 28, 1991, and in

consultation with State Forest Stewardship Coordinating Committees established

under section 2113(b) of this title and

similar regional organizations, the Secretary shall establish eligibility criteria for

the designation of forest areas from

which lands may be entered into the

Forest Legacy Program and subsequently

select such appropriate areas. To be

eligible, such areas shall have significant

environmental values or shall be threatened by present or future conversion to

nonforest uses. Of land proposed to be

included in the Forest Legacy Program,

the Secretary shall give priority to lands

which can be effectively protected and

managed, and which have important

scenic or recreational values; riparian

areas; fish and wildlife values, including

threatened and endangered species; or

other ecological values.

(f) Application

For areas included in the Forest Legacy

Program, an owner of lands or interests in

lands who wishes to participate may

prepare and submit an application at such

time in such form and containing such

information as the Secretary may prescribe. The Secretary shall give reasonable advance notice for the submission of

all applications to the State forester,

equivalent State official, or other appropriate State or regional natural resource

management agency. If applications

exceed the ability of the Secretary to fund

them, priority shall be given to those

forest areas having the greatest need for

protection pursuant to the criteria described in subsection (e) of this section.

(g) State consent

Where a State has not approved the

acquisition of land under section 515 of

this title, the Secretary shall not acquire

lands or interests therein under authority

granted by this section outside an area of

that State designated as a part of a

program established under subsection (b)

of this section.

(h) Forest management activities

(1) In general

Conservation easements or deed

reservations acquired or reserved

pursuant to this section may allow forest

management activities, including timber

management, on areas entered in the
470 Forest Service State and Private Forest Land

Forest Legacy Program insofar as the

Secretary deems such activities consistent with the purposes of this section.

(2) Assignment of responsibilities

For Forest Legacy Program areas, the

Secretary may delegate or assign

management and enforcement responsibilities over federally owned lands and

interests in lands only to another governmental entity.

(i) Duties of owners

Under the terms of a conservation

easement or other property interest

acquired under subsection (b) 4

 of this

section, the landowner shall be required to

manage property in a manner that is

consistent with the purposes for which

the land was entered in the Forest

Legacy Program and shall not convert

such property to other uses. Hunting,

fishing, hiking, and similar recreational

uses shall not be considered inconsistent

with the purposes of this program.

(j) Compensation and cost sharing

(1) Compensation

The Secretary shall pay the fair market

value of any property interest acquired

under this section. Payments under this

section shall be in accordance with

Federal appraisal and acquisition

standards and procedures.

(2) Cost sharing

In accordance with terms and conditions that the Secretary shall prescribe,

costs for the acquisition of lands or

interests therein or project costs shall be

shared among participating entities

including regional organizations, State

and other governmental units, landowners, corporations, or private organizations. Such costs may include, but are

not limited to, those associated with

planning, administration, property

acquisition, and property management.

To the extent practicable, the Federal

share of total program costs shall not

exceed 75 percent, including any in-kind

contribution.

(k) Easements

(1) Reserved interest deeds

As used in this section, the term “conservation easement” includes an

easement utilizing a reserved interest

deed where the grantee acquires all

rights, title, and interests in a property,

except those rights, title, and interests

that may run with the land that are

expressly reserved by a grantor.

(2) Prohibitions on limitations

Notwithstanding any provision of State

law, no conservation easement held by

the United States or its successors or

assigns under this section shall be

limited in duration or scope or be

defeasible by –

(A) the conservation easement being

in gross or appurtenant;

(B) the management of the conservation easement having been delegated

or assigned to a non-Federal entity;

(C) any requirement under State law

for re-recordation or renewal of the

easement; or

(D) any future disestablishment of a
Forest Service State and Private Forests Lands 471

Forest Legacy Program area or other

Federal project for which the conservation easement was originally acquired.

(3) Construction

Notwithstanding any provision of State

law, conservation easements shall be

construed to effect the Federal purposes for which they were acquired

and, in interpreting their terms, there

shall be no presumption favoring the

conservation easement holder or fee

owner.

(l) Optional State grants

(1) In general

The Secretary shall, at the request of a

participating State, provide a grant to

the State to carry out the Forest Legacy

Program in the State.

(2) Administration

If a State elects to receive a grant

under this subsection –

(A) the Secretary shall use a portion

of the funds made available under

subsection (m) of this section, as

determined by the Secretary, to

provide a grant to the State; and

(B) the State shall use the grant to

carry out the Forest Legacy Program

in the State, including the acquisition

by the State of lands and interests in

lands.

(m) Appropriation

There are authorized to be appropriated

such sums as may be necessary to carry

out this section. (16 U.S.C. 03c)

4

 So in original. Probably should be

subsection “(c)”.

Forest health protection

Sec. 8 (a) In general

The Secretary may protect trees and

forests and wood products, stored wood,

and wood in use directly on the National

Forest System and, in cooperation with

others, on other lands in the United

States, from natural and man-made

causes, to –

(1) enhance the growth and maintenance of trees and forests;

(2) promote the stability of forestrelated industries and employment

associated therewith through the

protection of forest resources;

(3) aid in forest fire prevention and

control;

(4) conserve forest cover on watersheds, shelterbelts, and windbreaks;

(5) protect outdoor recreation opportunities and other forest resources; and

(6) extend timber supplies by protecting

wood products, stored wood, and wood

in use.

(b) Activities

Subject to subsections (c), (d), and (e) of

this section and to such other conditions

the Secretary may prescribe, the Secretary may, directly on the National Forest

System, in cooperation with other Federal

departments on other Federal lands, and

in cooperation with State foresters, or

equivalent State officials, subdivisions of

States, agencies, institutions, organiza-
472 Forest Service State and Private Forest Land

tions, or individuals on non-Federal lands –

(1) conduct surveys to detect and

appraise insect infestations and disease

conditions and man-made stresses

affecting trees and establish a monitoring system throughout the forests of the

United States to determine detrimental

changes or improvements that occur

over time, and report annually concerning such surveys and monitoring;

(2) determine the biological, chemical,

and mechanical measures necessary to

prevent, retard, control, or suppress

incipient, potential, threatening, or

emergency insect infestations and

disease conditions affecting trees;

(3) plan, organize, direct, and perform

measures the Secretary determines

necessary to prevent, retard, control, or

suppress incipient, potential, threatening,

or emergency insect infestations and

disease epidemics affecting trees;

(4) provide technical information,

advice, and related assistance on the

various techniques available to maintain

a healthy forest and in managing and

coordinating the use of pesticides and

other toxic substances applied to trees

and other vegetation, and to wood

products, stored wood, and wood in use;

(5) develop applied technology and

conduct pilot tests of research results

prior to the full-scale application of such

technology in affected forests;

(6) promote the implementation of

appropriate silvicultural or management

techniques that may improve or protect

the health of the forests of the United

States; and

(7) take any other actions the Secretary

determines necessary to accomplish the

objectives and purposes of this section.

(c) Consent of entity

Operations under this section to prevent,

retard, control, or suppress insects or

diseases affecting forests and trees on

land not controlled or administered by the

Secretary shall not be conducted without

the consent, cooperation, and participation

of the entity having ownership of or

jurisdiction over the affected land.

(d) Contribution by entity

No money appropriated to implement this

section shall be expended to prevent,

retard, control, or suppress insects or

diseases affecting trees on non-Federal

land until the entity having ownership of

or jurisdiction over the affected land

contributes, or agrees to contribute, to the

work to be done in the amount and in the

manner determined appropriate by the

Secretary.

(e) Allotments to other agencies

The Secretary may, in the Secretary’s

discretion, and out of any money appropriated to implement this section, make

allocations to Federal agencies having

jurisdiction over lands held or owned by

the United States in the amounts the

Secretary determines necessary to

prevent, retard, control, or suppress insect

infestations and disease epidemics

affecting trees on those lands.

(f) Limitation on use of appropriations

(1) Removing dead trees
Forest Service State and Private Forests Lands 473

No amounts appropriated shall be used

to –

(A) pay the cost of felling and removing dead or dying trees unless the

Secretary determines that such actions

are necessary to prevent the spread of

a major insect infestation or disease

epidemic severely affecting trees; or

(B) compensate for the value of any

property injured, damaged, or destroyed by any cause.

(2) Insects and diseases affecting trees

The Secretary may procure materials

and equipment necessary to prevent,

retard, control, or suppress insects and

diseases affecting trees without regard

to section 5 of title 41, under whatever

procedures the Secretary may prescribe, if the Secretary determines that

such action is necessary and in the

public interest.

(g) Partnerships

The Secretary, by contract or cooperative

agreement, may provide financial assistance through the Forest Service to State

foresters or equivalent State officials, and

private forestry and other organizations,

to monitor forest health and protect the

forest lands of the United States. The

Secretary shall require contribution by the

non-Federal entity in the amount and in

the manner determined appropriate. Such

non-Federal share may be in the form of

cash, services, or equipment, as determined appropriate by the Secretary.

(h) Authorization of appropriations

There are authorized to be appropriated

annually such sums as may be necessary

to carry out subsections (a) through (g) of

this section.

(i) Integrated pest management

(1) In general

Subject to the provisions of subsections

(c) and (e) of this section, the Secretary

shall, in cooperation with State foresters

or equivalent State officials, subdivisions

of States, or other entities on nonFederal lands (hereafter in this subsection referred to as the “cooperator”) –

(A) provide cost-share assistance to

such cooperators who have established an acceptable integrated pest

management strategy, as determined

by the Secretary, that will prevent,

retard, control, or suppress gypsy

moth, southern pine beetle, spruce

budworm infestations, or other major

insect infestations in an amount no less

than 50 percent nor greater than 75

percent of the cost of implementing

such strategy; and

(B) upon request, assist the cooperator

in the development of such integrated

pest management strategy.

(2) Authorization of appropriations

There are hereby authorized to be

appropriated annually $10,000,000 to

implement this subsection. (16 U.S.C.

2104)

Urban and community forestry

assistance

Sec. 9 (a) Findings

The Congress finds that –
474 Forest Service State and Private Forest Land

(1) the health of forests in urban areas

and communities, including cities, their

suburbs, and towns, in the United States

is on the decline;

(2) forest lands, shade trees, and open

spaces in urban areas and communities

improve the quality of life for residents;

(3) forest lands and associated natural

resources enhance the economic value

of residential and commercial property

in urban and community settings;

(4) urban trees are 15 times more

effective than forest trees at reducing

the buildup of carbon dioxide and aid in

promoting energy conservation through

mitigation of the heat island effect in

urban areas;

(5) tree plantings and ground covers

such as low growing dense perennial

turfgrass sod in urban areas and communities can aid in reducing carbon

dioxide emissions, mitigating the heat

island effect, and reducing energy

consumption, thus contributing to efforts

to reduce global warming trends;

(6) efforts to encourage tree plantings

and protect existing open spaces in

urban areas and communities can

contribute to the social well-being and

promote a sense of community in these

areas; and

(7) strengthened research, education,

technical assistance, and public information and participation in tree planting and

maintenance programs for trees and

complementary ground covers for urban

and community forests are needed to

provide for the protection and expansion

of tree cover and open space in urban

areas and communities.

(b) Purposes

The purposes of this section are to –

(1) improve understanding of the

benefits of preserving existing tree

cover in urban areas and communities;

(2) encourage owners of private

residences and commercial properties to

maintain trees and expand forest cover

on their properties;

(3) provide education programs and

technical assistance to State and local

organizations (including community

associations and schools) in maintaining

forested lands and individual trees in

urban and community settings and

identifying appropriate tree species and

sites for expanding forest cover;

(4) provide assistance through competitive matching grants awarded to local

units of government, approved organizations that meet the requirements of

section 501(c)(3) of title 26, or other

local community tree volunteer groups,

for urban and community forestry

projects;

(5) implement a tree planting program to

complement urban and community tree

maintenance and open space programs

and to reduce carbon dioxide emissions,

conserve energy, and improve air quality

in addition to providing other environmental benefits;

(6) promote the establishment of

demonstration projects in selected urban

and community settings to illustrate the
Forest Service State and Private Forests Lands 475

benefits of maintaining and creating

forest cover and trees;

(7) enhance the technical skills and

understanding of sound tree maintenance and arboricultural practices

including practices involving the cultivation of trees, shrubs and complementary

ground covers, of individuals involved in

the planning, development, and maintenance of urban and community forests

and trees; and

(8) expand existing research and

educational efforts intended to improve

understanding of –

(A) tree growth and maintenance, tree

physiology and morphology, species

adaptations, and forest ecology,

(B) the value of integrating trees and

ground covers,

(C) the economic, environmental,

social, and psychological benefits of

trees and forest cover in urban and

community environments, and

(D) the role of urban trees in conserving energy and mitigating the urban

heat island.

(c) General authority

The Secretary is authorized to provide

financial, technical, and related assistance

to State foresters or equivalent State

officials for the purpose of encouraging

States to provide information and technical assistance to units of local government and others that will encourage

cooperative efforts to plan urban forestry

programs and to plant, protect, and

maintain, and utilize wood from, trees in

open spaces, greenbelts, roadside

screens, parks, woodlands, curb areas,

and residential developments in urban

areas. In providing such assistance, the

Secretary is authorized to cooperate with

interested members of the public, including nonprofit private organizations. The

Secretary is also authorized to cooperate

directly with units of local government

and others in implementing this section

whenever the Secretary and the affected

State forester or equivalent State official

agree that direct cooperation would better

achieve the purposes of this section.

(d) Program of education and technical

assistance

The Secretary, in cooperation with State

foresters and State extension directors or

equivalent State officials and interested

members of the public, including nonprofit

private organizations, shall implement a

program of education and technical

assistance for urban and community

forest resources. The program shall be

designed to –

(1) assist urban areas and communities

in conducting inventories of their forest

resources, including inventories of the

species, number, location, and health of

trees in urban areas and communities,

identifying opportunities for the establishment of plantings for the purposes of

conserving energy, and determining the

status of related resources (including

fish and wildlife habitat, water resources, and trails);

(2) assist State and local organizations

(including community associations and

schools) in organizing and conducting
476 Forest Service State and Private Forest Land

urban and community forestry projects

and programs;

(3) improve education and technical

support in –

(A) selecting tree species appropriate

for planting in urban and community

environments and for promotion of

energy conservation;

(B) providing for proper tree planting,

maintenance, and protection in urban

areas and communities;

(C) protecting individual trees and

preserving existing open spaces with

or without tree cover; and

(D) identifying opportunities for

expanding tree cover in urban areas

and communities;

(4) assist in the development of State

and local management plans for trees

and associated resources in urban areas

and communities; and

(5) increase public understanding of the

energy conservation, economic, social,

environmental, and psychological values

of trees and open space in urban and

community environments and expand

knowledge of the ecological relationships and benefits of trees and related

resources in these environments.

(e) Procurement of plant materials

The Secretary, in cooperation with State

foresters or equivalent State officials,

shall assist in identifying sources of plant

materials and may procure or otherwise

obtain such plant materials from public or

private sources and may make such plant

materials available to urban areas and

communities for the purpose of reforesting open spaces, replacing dead and dying

urban trees, promoting energy conservation, and providing other environmental

benefits through expanding tree cover in

urban areas and communities.

(f) Challenge cost-share program

(1) In general

The Secretary shall establish an urban

and community forestry challenge costshare program. Funds or other support

shall be provided under such program to

eligible communities and organizations,

on a competitive basis, for urban and

community forestry projects. The

Secretary shall annually make awards

under the program in accordance with

criteria developed in consultation with,

and after consideration of recommendations received from, the National Urban

and Community Forestry Advisory

Council established under subsection (g)

of this section. Each State forester or

equivalent State official may make

recommendations to the Secretary for

awards under the program for project

proposals in their State which meet such

criteria. Awards shall be consistent with

the cost-share requirements of this

section.

(2) Cost-sharing

The Federal share of support for a

project provided under this subsection

may not exceed 50 percent of the

support for that project and shall be

provided on a matching basis. The nonFederal share of such support may be in

the form of cash, services, or in-kind

contributions.
Forest Service State and Private Forests Lands 477

(g) Forestry Advisory Council

(1) Establishment and purpose

The Secretary shall establish a National

Urban and Community Forestry Advisory Council (hereafter in this section

referred to as the “Council”) for the

purpose of

(A) developing a national urban and

community forestry action plan;

(B) evaluating the implementation of

that plan; and

(C) developing criteria for, and submitting recommendations with respect to,

the urban and community forestry

challenge cost-share program under

subsection (f) of this section.

(2) Composition and operation

(A) Composition

The Council shall be composed of 15

members appointed by the Secretary, as

follows:

(i) 2 members representing national

nonprofit forestry and conservation

citizen organizations,

(ii) 3 members, 1 each representing

State, county, and city and town

governments,

(iii) 1 member representing the

forest products, nursery, or related

industries,

(iv) 1 member representing urban

forestry, landscape, or design

consultants,

(v) 2 members representing academic institutions with an expertise

in urban and community forestry

activities,

(vi) 1 member representing State

forestry agencies or equivalent State

agencies,

(vii) 1 member representing a

professional renewable natural

resource or arboricultural society,

(viii) 1 member from the Extension

Service,

(ix) 1 member from the Forest

Service, and

(x) 2 members who are not officers

or employees of any governmental

body, 1 of whom is a resident of a

community with a population of less

than 50,000 as of the most recent

census and both of whom have

expertise and have been active in

urban and community forestry.

(B) Vacancy

A vacancy in the Council shall be filled

in the manner in which the original

appointment was made.

(C) Chairperson

The Secretary shall select 1 member,

from members appointed to the

Council, who is not an officer or

employee of the United States nor any

State, county, city, or town government, who shall serve as the chairperson of the Council.

(D) Terms

(i) In general

Except as provided in clauses (ii)

and (iii) of this paragraph, members
478 Forest Service State and Private Forest Land

shall be appointed for terms of 3

years, and no member may serve

more than 2 consecutive terms on

the Council.

(ii) Staggered terms Of the members

first appointed –

(I) 5, including the chairperson and

2 governmental employees, shall be

appointed for a term of 3 years,

(II) 5, including 2 governmental

employees, shall be appointed for a

term of 2 years, and

(III) 5, including 2 governmental

employees, shall be appointed for a

term of 1 year, as designated by

the Secretary at the time of

appointment.

(iii) Continuation

Any member appointed to fill a

vacancy occurring before the

expiration of the term of the

member’s predecessor shall be

appointed only for the remainder of

such term. A member may serve

after the expiration of the member’s

term until the member’s successor

has taken office.

(E) Compensation

(i) In general

Except as provided in clause (ii),

members of the Council shall serve

without pay, but may be reimbursed

for reasonable costs incurred while

in the actual performance of duties

vested in the Council.

(ii) Federal officers and employees

Members of the Council who are

full-time officers or employees of the

United States shall receive no

additional pay, allowances, or

benefits by reason of their service on

the Council.

(iii) Financial and administrative

support The Secretary shall provide

financial and administrative support

for the Council.

(3) Urban and Community Forestry

Action Plan

Within 1 year after November 28, 1990,

and every 10 years thereafter, the

Council shall prepare a National Urban

and Community Forestry Action Plan.

The plan shall include (but not be limited

to) the following:

(A) An assessment of the current

status of urban forest resources in the

United States.

(B) A review of urban and community

forestry programs and activities in the

United States, including education and

technical assistance activities conducted by the Department of Agriculture, and other Federal agencies, the

State forestry organizations, private

industry, private nonprofit organizations, community and civic organizations and interested others.

(C) Recommendations for improving

the status of the Nation’s urban and

community forest resources, including

education and technical assistance and

modifications required in existing

programs and policies of relevant

Federal agencies.

(D) A review of urban and community
Forest Service State and Private Forests Lands 479

forestry research, including –

(i) a review of all ongoing research

associated with urban and community

forests, arboricultural practices, and the

economic, social, and psychological

benefits of trees and forest cover in

urban and community environments

being conducted by the Forest Service,

other Federal agencies, and associated

land grant colleges and universities;

(ii) recommendations for new and

expanded research efforts directed

toward urban and community

forestry concerns; and

(iii) a summary of research priorities

and an estimate of the funds needed

to implement such research, on an

annual basis, for the next 10 years.

(E) Proposed criteria for evaluating

proposed projects under the urban and

community forestry challenge cost

share program under subsection (f) of

this section, with special emphasis

given to projects that would demonstrate the benefits of improved forest

management (including the maintenance and establishment of forest

cover and trees) in urban areas and

communities.

(F) An estimate of the resources

needed to implement the National

Urban and Community Forestry

Action Plan for the succeeding 10

fiscal years.

(4) Amendment of plan

The plan may be amended by a majority

of the Council members. Such amendments shall be incorporated into the

Council’s annual review of the plan

submitted to the Secretary pursuant to

paragraph (5) of this subsection.

(5) Review of plan

The Council shall submit the plan to the

Secretary and the Committee on

Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the

Senate upon its completion. Beginning

no later than one year after the plan is

submitted and annually thereafter, the

Council shall submit a review of the

plan to the Secretary no later than

December 31. The review shall consist

of –

(A) the Council’s assessment of prior

year accomplishments in research,

education, technical assistance, and

related activities in urban and community forestry;

(B) the Council’s recommendations

for research, education, technical

assistance, and related activities in the

succeeding year; and

(C) the Council’s recommendations

for the urban and community forestry

challenge cost share projects to be

funded during the succeeding year.

The review submitted to the Secretary

shall be incorporated into the annual

report required under section 1601(d)

of this title.

(6) Detail of personnel

Upon request of the Council, the

Secretary is authorized to detail, on a

reimbursable basis, any of the personnel

of the Department of Agriculture to the
480 Forest Service State and Private Forest Land

Council to assist the Council in carrying

out its duties under this chapter.

(h) Definitions

For the purposes of this section –

(1) the term “Council” means the

National Urban and Community Forestry Advisory Council established

under subsection (g) of this section;

(2) the term “plan” means the National

Urban and Community Forestry Action

Plan developed under subsection (g)(3)

of this section; and

(3) the term “urban and community

area” includes cities, their suburbs, and

towns.

(i) Authorization of appropriations

There are hereby authorized to be

appropriated $30,000,000 for each of the

fiscal years 1991 through 1995, and such

sums as may be necessary for each fiscal

year thereafter, for the implementation of

this section. (16 U.S.C. 2105)

Rural fire prevention and control

Sec. 10 (a) Congressional findings

Congress finds that –

(1) significant accomplishments have

been made by the Secretary and

cooperating States in the prevention and

control of fires on forest lands and on

nonforested watersheds for more than

fifty years;

(2) progress is being made by the

Secretary and cooperating States and

rural communities in the protection of

human lives, agricultural crops and

livestock, property and other improvements, and natural resources from fires

in rural areas;

(3) notwithstanding the accomplishments and progress that have been

made, fire prevention and control on

rural lands and in rural communities are

of continuing high priority to protect

human lives, agricultural crops and

livestock, property and other improvements, and natural resources;

(4) the effective cooperative relationships between the Secretary and the

States regarding fire prevention and

control on rural lands and in rural

communities should be retained and

improved;

(5) efforts in fire prevention and control

in rural areas should be coordinated

among Federal, State, and local agencies; and

(6) in addition to providing assistance to

State and local rural fire prevention and

control programs, the Secretary should

provide prompt and adequate assistance

whenever a rural fire emergency

overwhelms, or threatens to overwhelm,

the firefighting capability of the affected

State or rural area.

(b) Implementation of provisions

Notwithstanding the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2201 et seq.) the Secretary is authorized,

under whatever conditions the Secretary

may prescribe, to –

(1) cooperate with State foresters or

equivalent State officials in developing

systems and methods for the prevention,
Forest Service State and Private Forests Lands 481

control, suppression, and prescribed use

of fires on rural lands and in rural

communities that will protect human

lives, agricultural crops and livestock,

property and other improvements, and

natural resources;

(2) provide financial, technical, and

related assistance to State foresters or

equivalent State officials, and through

them to other agencies and individuals,

for the prevention, control, suppression,

and prescribed use of fires on nonFederal forest lands and other nonFederal lands;

(3) provide financial, technical, and

related assistance to State foresters or

equivalent State officials in cooperative

efforts to organize, train, and equip local

firefighting forces, including those of

Indian tribes or other native groups, to

prevent, control, and suppress fires

threatening human lives, crops, livestock, farmsteads or other improvements, pastures, orchards, wildlife,

rangeland, woodland, and other resources in rural areas. As used herein,

the term “rural areas” shall have the

meaning set out in the first clause of

section 1926(a)(7) of title 7; and

(4) provide financial, technical, and

related assistance to State foresters or

equivalent State officials, and through

them to other agencies and individuals,

including rural volunteer fire departments, to conduct preparedness and

mobilization activities, including training,

equipping, and otherwise enabling State

and local firefighting agencies to

respond to requests for fire suppression

assistance.

(c) Encouragement of use of excess

personal property by State and local fire

forces receiving assistance; cooperation

and assistance of Administrator of

General Services

The Secretary, with the cooperation and

assistance of the Administrator of General Services, shall encourage the use of

excess personal property (within the

meaning of the Federal Property and

Administrative Services Act of 1949 (40

U.S.C. 471 et seq.)) by State and local

fire forces receiving assistance under this

section.

(d) Coordination of assistance with

assistance of Secretary of Commerce

under Federal fire prevention and control

provisions

To promote maximum effectiveness and

economy, the Secretary shall seek to

coordinate the assistance the Secretary

provides under this section with the

assistance provided by the Secretary of

Commerce under the Federal Fire

Prevention and Control Act of 1974 (15

U.S.C. 2201 et seq.).

(e) Authorization of appropriations for

implementation of provisions

(1) There are hereby authorized to be

appropriated annually such sums as may

be needed to implement paragraphs (1),

(2), and (3) of subsection (b) of this

section.

(2)(A) There are hereby authorized to

be appropriated annually $70,000,000 to

carry out subsection (b)(4) of this

section. Of the total amount appropri-
482 Forest Service State and Private Forest Land

ated to carry out subsection (b)(4) of

this section –

(i) one-half shall be available only for

State foresters or equivalent State

officials, and through them to other

agencies and individuals, of which

not less than $100,000 shall be made

available to each State; and

(ii) one-half shall be available only

for rural volunteer fire departments.

(B) The Federal share of the cost of

any activity carried out with funds

made available pursuant to this

paragraph may not exceed 50 percent

of the cost of that activity. The nonFederal share for such activity may be

in the form of cash, services, or in kind

contributions.

(f) Special rural fire disaster fund;

establishment, appropriations, etc.

There shall be established in the Treasury

a special rural fire disaster fund that shall

be immediately available to and used by

the Secretary to supplement any other

money available to carry out this section

with respect to rural fire emergencies, as

determined by the Secretary. The Secretary shall determine that State and local

resources are fully used or will be fully

used before expending money in the

disaster fund to assist a State in which

one or more rural fire emergencies exist.

There are hereby authorized to be

appropriated such sums as may be

needed to establish and replenish the

disaster fund established by this subsection.

(g) Definitions

As used in this section –

(1) the term “rural volunteer fire

department” means any organized, not

for profit, fire protection organization

that provides service primarily to a

community or city with a population of

10,000 or less or to a rural area, as

defined by the Secretary, whose

firefighting personnel is 80 percent or

more volunteer, and that is recognized

as a fire department by the laws of the

State; and

(2) the term “mobilization” means any

activity in which one firefighting organization assists another that has requested

assistance. (16 U.S.C. 2106)

[New note added by Pub. L. 107-171,

sec. 8003(a), 116 Stat. 473.]

Enhanced Community Fire

Protection.

‘SEC. 8003. (NOTE: 16 U.S.C. 2106c

note) ENHANCED COMMUNITY

FIRE PROTECTION.

(a) Findings.—Congress finds the following:

(1) The severity and intensity of wildland fires has increased dramatically

over the past few decades as a result of

past fire and land management policies.

(2) The record 2000 fire season is a

prime example of what can be expected

if action is not taken.

(3) Wildland fires threaten not only the

forested resources of the United States,

but also the thousands of communities

intermingled with the wildlands in the
Forest Service State and Private Forests Lands 483

wildland-urban interface.

(4) The National Fire Plan, if implemented to achieve appropriate priorities,

is the proper, coordinated, and most

effective means to address the issue of

wildfires.

(5) While adequate authorities exist to

tackle the wildfire issues at the landscape level on Federal lands, there is

limited authority to take action on most

private lands, and the largest threat to

life and property exists on private lands.

(6) There is a significant Federal

interest in enhancing community protection from wildfire.

(b) Enhanced Protection.—The Cooperative Forestry Assistance Act of 1978 is

amended by inserting after section 10 (16

U.S.C. 2106) the following:

[New section added or section amended

generally by Pub. L. 107-171, sec.

8003(b), 116 Stat. 473]

“SEC. 10A. (NOTE: 16 U.S.C. 2106c)

ENHANCED COMMUNITY FIRE

PROTECTION.

“(a) Cooperative Management Related to

Wildfire Threats.—The Secretary may

cooperate with State foresters and

equivalent State officials in the management of lands in the United States for the

following purposes:

“(1) Aid in wildfire prevention and

control.

“(2) Protect communities from wildfire

threats.

“(3) Enhance the growth and maintenance of trees and forests that promote

overall forest health.

“(4) Ensure the continued production of

all forest resources, including timber,

outdoor recreation opportunities, wildlife

habitat, and clean water, through

conservation of forest cover on watersheds, shelterbelts, and windbreaks.

“(b) Community and Private Land Fire

Assistance Program.—

“(1) Establishment; purpose.—The

Secretary shall establish a Community

and Private Land Fire Assistance

program (in this subsection referred to

as the ‘Program’)—

“(A) to focus the Federal role in

promoting optimal firefighting efficiency at the Federal, State, and local

levels;

“(B) to augment Federal projects that

establish landscape level protection

from wildfires;

“(C) to expand outreach and education

programs to homeowners and communities about fire prevention; and

“(D) to establish space around homes

and property of private landowners

that is defensible against wildfires.

“(2) Administration and implementation.—The Program shall be administered by the Forest Service and implemented through State foresters or

equivalent State officials.

“(3) Components.—In coordination with

existing authorities under this Act, the

Secretary, in consultation with the State

forester or equivalent State official, may

undertake on non- Federal lands—
484 Forest Service State and Private Forest Land

“(A) fuel hazard mitigation and

prevention;

“(B) invasive species management;

“(C) multiresource wildfire planning;

“(D) community protection planning;

“(E) community and landowner

education enterprises, including the

program known as FIREWISE;

“(F) market development and expansion;

“(G) improved wood utilization; and

“(H) special restoration projects.

“(4) Consent required.—Program

activities undertaken by the Secretary

on non-Federal lands shall be undertaken only with the consent of the

owner of the lands.

“(5) Considerations.—The Secretary

shall use persons in the local community

wherever possible to carry out projects

under the Program.

“(c) Consultation.—In carrying out this

section, the Secretary shall consult with

the Administrator of the United States

Fire Administration, the Director of the

National Institute of Standards and

Technology, and the heads of other

Federal agencies, as necessary.

“(d) Authorization of Appropriations.—

There are hereby authorized to be

appropriated to the Secretary to carry out

this section—

“(1) $35,000,000 for each of fiscal years

2002 through 2007; and

“(2) such sums as are necessary for

fiscal years thereafter.”.

Financial, technical, and related

assistance to States

Sec. 11 (a) Development of State

organizations for protection and management of non-Federal forest lands; scope

of assistance; request by officials

To aid in achieving maximum effectiveness in the programs and activities

conducted under this chapter, the Secretary is authorized to provide financial,

technical, and related assistance to State

foresters or equivalent State officials for

the development of stronger and more

efficient State organizations that will

enable them to fulfill better their responsibilities for the protection and management

of non-Federal forest lands. Assistance

under this subsection may include, but will

not be limited to, assistance in matters

related to organization management,

program planning and management,

budget and fiscal accounting services,

personnel training and management,

information services, and recordkeeping.

Assistance under this subsection may be

extended only upon request by State

foresters or equivalent State officials.

(b) Assembly, analysis, display, and

reporting of State forest resources data,

resources planning, etc.; scope of assistance; other statutory provisions unaffected

To ensure that data regarding forest lands

are available for and effectively presented in State and Federal natural

resources planning, the Secretary is

authorized to provide financial, technical,
Forest Service State and Private Forests Lands 485

and related assistance to State foresters

or equivalent State officials in the assembly, analysis, display, and reporting of

State forest resources data, in the training

of State forest resources planners, and in

participating in natural resources planning

at the State and Federal levels. The

Secretary shall restrict assistance under

this subsection to the implementation of

the forestry aspects of State and Federal

natural resources planning conducted

under other laws. This subsection shall

not be construed, in any way whatsoever,

as extending, limiting, amending, repealing, or otherwise affecting any other law

or authority.

(c) Technology implementation program;

scope of program; availability of funds;

use of forest resources planning committees

To ensure that new technology is introduced, new information is integrated into

existing technology, and forest resources

research findings are promptly made

available to State forestry personnel,

private forest landowners and managers,

vendors, forest operators, wood processors, public agencies, and individuals, the

Secretary is authorized to carry out a

program of technology implementation.

(1) In implementing this subsection, the

Secretary is authorized to work through

State foresters or equivalent State

officials, and, if the State forester or

equivalent State official is unable to

deliver these services, the Secretary is

authorized to act through appropriate

United States Department of Agriculture agencies, subdivisions of States,

agencies, institutions, organizations, or

individuals to –

(A) strengthen technical assistance

and service programs of cooperators

participating in programs under this

chapter by applying research results

and conducting pilot projects and field

tests of management and utilization

practices, equipment, and technologies,

related to programs and activities

authorized under this chapter;

(B) study the effects of tax laws,

methods, and practices on forest

management;

(C) develop and maintain technical

information systems in support of

programs and activities authorized

under this chapter;

(D) test, evaluate, and seek registration of chemicals for use in implementing the programs and activities authorized under this chapter;

(E) conduct other activities, including

training of State forestry personnel

whom the Secretary deems necessary

to ensure that the programs and

activities authorized under this chapter

are responsive to special problems,

unique situations, and changing

conditions.

(2) The Secretary may make funds

available to cooperators under this

chapter without regard to the provisions

of section 3324(a) and (b) of title 31,

which prohibits advances of public

money.

(3) The Secretary shall use forest

resources planning committees at
486 Forest Service State and Private Forest Land

National and State levels in implementing this subsection.

(d) Authorization of appropriations

There are hereby authorized to be

appropriated annually such sums as may

be needed to implement this section. (16

U.S.C. 2107)

Consolidation of payments

Sec. 12 (a) Request by State; excluded

funds

To provide flexibility in funding activities

authorized under this chapter, the Secretary may, upon the request of any State,

consolidate the annual financial assistance

payments to that State under this chapter,

in lieu of functional cost sharing mechanisms, formulas, or agreements. However, consolidated payments shall not

include money appropriated under section

2103 of this title or money from any

special Treasury fund established under

this chapter.

(b) State forest resources programs as

basis

Consolidation of payments made under

this section shall be based upon State

forest resources programs developed by

State foresters or equivalent State

officials, and reviewed by the Secretary.

(c) Amount of payments

Consolidated payments to any State

during any fiscal year shall not exceed the

total amount of non-Federal funds expended within the State during that year

to implement its State forest resources

program. However, the Secretary may

make payments that exceed the nonFederal amount expended for selected

activities under the program, if the total

Federal expenditure during any fiscal year

does not exceed the total non-Federal

expenditure during that year under the

State forest resources program.

(d) Certification requirement by State

forester or equivalent State official for

Federal payment

The Secretary may make consolidated

payments on the certificate of the State

forester or equivalent State official that

the conditions for Federal payment have

been met.

(e) Administration of consolidated payments program not to adversely affect,

etc., other programs

The Secretary shall administer this

section to ensure that the use of consolidated payments does not adversely affect

or eliminate any program authorized

under this chapter.

(f) Total annual amount of financial

assistance to participating State; financial

assistance for special projects not to be

included in determining base amount

Subject to applicable appropriation Acts,

the total annual amount of financial

assistance to any participating State after

July 1, 1978, shall not be less than the

base amount of financial assistance

provided to that State under all the

provisions of law specified in section 2111

of this title during the fiscal year in which

this chapter is enacted. However, financial assistance for special projects of two

years or less duration shall not be in-
Forest Service State and Private Forests Lands 487

cluded in determining the base amount for

any participating State. (16 U.S.C. 2108)

General provisions

Sec. 13 (a) Cooperative and coordinating

requirements for implementation of

programs, etc.

In implementing this chapter, the Secretary shall, to the maximum extent practicable –

(1) work through, cooperate with, and

assist State foresters or equivalent State

officials;

(2) encourage cooperation and coordination between State foresters or

equivalent State officials and other State

agencies that manage renewable natural

resources;

(3) use and encourage cooperators

under this chapter to use, private

agencies, consultants, organizations,

firms, and individuals to furnish necessary materials and services; and

(4) promote effectiveness and economy

by coordinating the direct actions and

assistance authorized under this chapter

with related programs the Secretary

administers, and with cooperative

programs of other agencies.

(b) Availability of appropriations

Money appropriated under this chapter

shall remain available until expended.

(c) Consultation requirements for implementation of programs, etc.

Requirements for the development of

State forest resources programs and

State participation in management assistance, planning assistance, and technology

implementation, the apportionment of

funds among States participating under

this chapter, the administrative expenses

in connection with activities and programs

under this chapter, and the amounts to be

expended by the Secretary to assist nonState cooperators under this chapter, shall

be determined by the Secretary in consultation with a committee of not less than

five State foresters or equivalent State

officials selected by a majority of the

State foresters or equivalent State

officials from States participating in

programs under this chapter. However,

the Secretary need not consult with such

committee regarding funds to be expended under emergency conditions that

the Secretary may determine.

(d) Definitions

For the purposes of this chapter –

(1) 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;

(2) The term “forest resources” shall

include esthetics, fish and wildlife,

forage, outdoor recreation opportunities,

timber, and water; and

(3) The term “urban forestry” means

the planning, establishment, protection,

and management of trees and associated plants, individually, in small groups,

or under forest conditions within cities,
488 Forest Service State and Private Forest Land

their suburbs, and towns.

(e) Rules and regulations

The Secretary may prescribe rules and

regulations, as the Secretary deems

appropriate, to implement the provisions

of this chapter.

(f) Granting, etc., authorities

The Secretary is authorized to make

grants, agreements, contracts, and other

arrangements the Secretary deems

necessary to implement this chapter.

(g) Construction of statutory provisions

This chapter 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

section 2111 of this title.

(h) Additional assistance

In addition to the authority provided

elsewhere in this chapter, the Secretary

may provide assistance to other countries

with respect to the activities described in

paragraphs (1) through (10) of section

2102(b) of this title, paragraphs (1)

through (5) of section 2104(b) of this title,

and paragraphs (1) through (3) of section

2105(b) of this title. For the purposes of

providing assistance to other countries

under this subsection, the term “nonFederal forest land” shall mean any forest

land and related renewable natural

resources in such countries. In providing

the assistance authorized under this

subsection, the Secretary shall coordinate

with other Federal officials, departments,

agencies, or international organizations, as

the President may direct. The references

to “State foresters or equivalent State

officials” in this chapter shall not apply to

the assistance provided by the Secretary

to other countries under this subsection. 5

(16 U.S.C. 2109)

5

 Section 2104(b) of this title, referred to

in subsec. (h), was in the original a

reference to section 7(b), meaning section

7(b) of Pub. L. 95-313, which has been

translated as reading section 8(b) of Pub.

L. 95-313 as the probable intent of

Congress. Section 7(b) of Pub. L. 95-313,

which is classified to section 2103c of this

title, does not contain pars. (1) to (5).

Statement of limitation

Sec. 14 This chapter shall not authorize

the Federal Government to regulate the

use of private land or to deprive owners

of land of their rights to property or to

income from the sale of property, unless

such property rights are voluntarily

conveyed or limited by contract or other

agreement. This chapter does not diminish in any way the rights and responsibilities of the States and political subdivisions

of States. (16 U.S.C. 2110)

Budget requests by President for

Forest Service activities

Sec. 15 (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
Forest Service State and Private Forests Lands 489

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
490 Forest Service State and Private Forest Land

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. (16 U.S.C.

1606)

Other Federal programs

Sec. 16 (a) Repeal of statutory authorities

***

(b) Force and effect of contracts and

cooperative and other agreements under

cooperative forestry programs executed

under authority of repealed statutes
Forest Service State and Private Forests Lands 491

Contracts and cooperative and other

agreements under cooperative forestry

programs executed under authority of the

Acts, or portions thereof, repealed under

subsection (a) of this section shall remain

in effect until revoked or amended by

their own terms or under other provisions

of law.

(c) Availability of funds appropriated

under authority of repealed statutes for

cooperative forestry assistance programs

Funds appropriated under the authority of

the Acts, or portions thereof, repealed

under subsection (a) of this section shall

be available for expenditure for the

programs authorized under this chapter.

(16 U.S.C. 2111)

Effective date

Sec. 17. formerly section 14, of Pub. L.

95-313, as renumbered Sec. 17 by Pub.

L. 101-624, title XII, Sec. 1215(1), Nov.

28, 1990, 104 Stat. 3525, provided that:

“The provisions of this Act shall become

effective October 1, 1978.” (16 U.S.C.

2101 note)

Cooperative national forest products

marketing program

Sec. 18 (a) Findings and purposes

(1) Findings Congress finds that –

(A) the health and vitality of the

domestic forest products industry is

important to the well-being of the

economy of the United States;

(B) the domestic forest products

industry has a significant potential for

expansion in both domestic and foreign

markets;

(C) many small-sized to medium-sized

forest products firms lack the tools

that would enable them to meet the

increasing challenge of foreign competition in domestic and foreign markets;

and

(D) a new cooperative forest products

marketing program will improve the

competitiveness of the United States

forest products industry.

(2) Purposes

The purposes of this section are to

(A) provide direct technical assistance

to the United States forest products

industry to improve marketing activities;

(B) provide cost-share grants to States

to support State and regional forest

products marketing programs; and

(C) target assistance to small-sized

and medium-sized producers of solid

wood and processed wood products,

including pulp.

(b) Program authority

(1) In general

The Secretary shall establish a cooperative national forest products marketing

program under this chapter that provides –

(A) technical assistance to States,

landowners, and small-sized to medium-sized forest products firms on

ways to improve domestic and foreign

markets for forest products; and

(B) grants of financial assistance with
492 Forest Service State and Private Forest Land

matching requirements to the States to

assist in State and regional forest

products marketing efforts targeted to

aid small-sized to medium-sized forest

products firms and private, nonindustrial forest landowners.

(2) Interstate cooperative agreements

Grant agreements shall encourage the

establishment of interstate cooperative

agreements by the States for the

purpose of promoting the development

of domestic and foreign markets for

forest products.

(c) Limitations

(1) Cooperation with other Federal

agencies

In carrying out this section, the Secretary shall cooperate with Federal

departments and agencies to avoid the

duplication of efforts and to increase

program efficiency.

(2) Domestic program

The program authorized under this

section shall be carried out within the

United States and not be extended to

Department of Agriculture activities in

foreign countries.

(d) Authorization for appropriations

There are authorized to be appropriated

$5,000,000 for each of the fiscal years

1988 through 1991, to carry out this

section.

(e) Program report

The Secretary shall report to Congress

annually on the activities taken under the

marketing program established under this

section. A final report including recommendations for program changes and the

need and desirability of the reauthorization of this authority, and required levels

of funding, shall be submitted to Congress

not later than September 30, 1990. (16

U.S.C. 2112)

Federal, State, and local

coordination and cooperation

Sec. 19 (a) Department of Agriculture

Coordinating Committee

(1) Establishment

The Secretary shall establish an

intradepartmental committee, to be known

as the “Forest Resource Coordinating

Committee” (hereafter referred to in this

section as the “Coordinating Committee”), to coordinate forestry activities.

(2) Composition

The Coordinating Committee shall be

composed of representatives, appointed

by the Secretary, from the Agricultural

Research Service, Agricultural Stabilization and Conservation Service, Extension Service, Forest Service, and Soil

Conservation Service.

(3) Chairperson

The Secretary shall designate the Chief

of the Forest Service as chairperson.

(4) Duties

The Coordinating Committee shall

(A) provide assistance in directing and

coordinating actions of the Department of Agriculture that relate to

educational, technical, and financial

assistance concerning forest land to
Forest Service State and Private Forests Lands 493

private landowners;

(B) clarify individual agency responsibilities concerning forest land of each

agency represented on the Committee;

and

(C) advise the Secretary of

intradepartmental differences regarding the implementation of this chapter,

and any other Act related to the

authority of the Secretary concerning

non-Federal forest lands.

(b) State Coordinating Committees

(1) Establishment

(A) In general The Secretary, in

consultation with the State forester or

equivalent State official of each State,

shall establish a State Forest Stewardship Coordinating Committee (hereafter referred to in this section as the

“State Coordinating Committee”) for

each such State.

(B) Composition The State Coordinating Committee shall be chaired and

administered by the State forester, or

equivalent State official, or the designee thereof, and shall be composed, to

the extent practicable, of –

(i) representatives from the Forest

Service, Soil Conservation Service,

Agricultural Stabilization and Conservation Service, and Extension

Service;

(ii) representatives, to be appointed

by the State forester or equivalent

State official, representative of –

(I) local government;

(II) consulting foresters;

(III) environmental organizations;

(IV) forest products industry;

(V) forest land owners;

(VI) land-trust organizations, if

applicable in the State;

(VII) conservation organizations;

and

(VIII) the State fish and wildlife

agency; and

(iii) any other individuals determined

appropriate by the Secretary.

(C) Terms

The members of the State Coordinating

Committee appointed under subparagraph

(B)(ii) shall serve 3-year terms, with the

initial members serving staggered terms

as determined by the State forester or

equivalent State official, and may be

reappointed for consecutive terms.

(D) Existing committees

Existing State forestry committees may

be used to complement, formulate, or

replace the State Coordinating Committees to avoid duplication of efforts if such

existing committees are made up of

membership that is similar to that described in subparagraph (B)(ii), and if

such existing committees include landowners and the general public in their

memberships.

(2) Duties

A State Coordinating Committee shall –

(A) consult with other Department of

Agriculture and State committees that

address State and private forestry
494 Forest Service State and Private Forest Land

issues;

(B) make recommendations to the

Secretary concerning the assignment

of priorities and the coordination of

responsibilities for the implementation

of this chapter by the various Federal

and State forest management agencies

that take into consideration the mandates of each such agency;

(C) make recommendations to the

State forester or equivalent State

official concerning the development of

a Forest Stewardship Plan under

paragraph (3); and

(D) make recommendations to the

Secretary concerning those forest

lands that should be given priority for

inclusion in the Forest Legacy Program established pursuant to section

2103c of this title.

(3) Forest Stewardship Plan The State

forester or equivalent State official of

each State, in consultation with the

State Coordinating Committee of such

State, shall develop a Forest Stewardship Plan that shall –

(A) provide baseline data on the forest

resources of the State;

(B) outline threats to the forest

resources of the State;

(C) describe economic and environmental opportunities that are linked

with the forest resources of the State;

(D) address management problems,

opportunities, and objectives associated with intermingled Federal, State,

and private land ownership patterns

within the State; and

(E) make planning recommendations

for Federal, State, and local implementation of this chapter.

(4) Other plans

Other State forest management plans

may be used as the basis for or in lieu

of establishing a plan for the State under

paragraph (3) if such plans fully conform to the objectives of this section.

(5) Termination

The State Coordinating Committees

shall not terminate.

(6) Rule of construction

Nothing in this section shall be construed to compel action by any State

official. (16 U.S.C. 2113)

Administration

Sec. 20 (a) In general

The Secretary shall administer this

chapter in accordance with regulations

that the Secretary shall develop.

(b) Guidelines

The regulations promulgated under this

chapter shall include guidelines for the

administration of this chapter at the

Federal and State levels and shall identify

the measures and activities that are

eligible for cost sharing under this chapter.

(c) Existing mechanisms

Existing mechanisms shall be used to the

extent possible to make payments and

deliver services to the landowner under
Forest Service State and Private Forests Lands 495

this chapter.

(d) Land grant universities

The Secretary, in consultation with State

foresters or equivalent State officials,

may provide assistance directly to other

State and local natural resource management agencies and land grant universities

in implementing this chapter in cases in

which the State foresters or equivalent

State officials are not able to make fund

transfers to other State and local agencies. (16 U.S.C. 2114)
496 Forest Service State and Private Forest Land

Alaska National Interest Lands Conservation Act

December 2, 1980 (Pub. L. 96-487, 94 Stat. 2488; 16 U.S.C.

3210)

Provided, That such owner comply with

rules and regulations applicable to access

across public lands. (16 U.S.C. 3210)

***

Access by owner to nonfederally

owned land

Sec. 1313 (a) Reasonable use and

enjoyment of land within boundaries of

National Forest System

Notwithstanding any other provision of

law, and subject to such terms and

conditions as the Secretary of Agriculture

may prescribe, the Secretary shall provide

such access to nonfederally owned land

within the boundaries of the National

Forest System as the Secretary deems

adequate to secure to the owner the

reasonable use and enjoyment thereof:

Provided, That such owner comply with

rules and regulations applicable to ingress

and egress to or from the National Forest

System.

(b) Reasonable use and enjoyment of land

surrounded by public lands managed by

Secretary

Notwithstanding any other provision of

law, and subject to such terms and

conditions as the Secretary of the Interior

may prescribe, the Secretary shall provide

such access to nonfederally owned land

surrounded by public lands managed by

the Secretary under the Federal Land

Policy and Management Act of 1976 (43

U.S.C. 1701-82) as the Secretary deems

adequate to secure to the owner the

reasonable use and enjoyment thereof:
Forest Service Partnerships 497

Granger-Thye Act

April 24, 1950 (Ch. 97, 64 Stat. 82; 16 U.S.C. 571c, 504, 580c,

579a, 572, 490, 580d, 580e, 504a, 580f, 580g, 580h, 555, 580i,

557, 580j, 500, 580k, 580l, 581i-1)

Erection of permanent facilities on

land not owned by United States;

long term leases

Sec. 1 Notwithstanding the provisions of

existing law and without regard to section

255 of title 40, but within the limitations of

cost otherwise applicable, appropriations

of the Forest Service may be expended

for the erection of buildings, lookout

towers, and other structures on land

owned by States, counties, municipalities,

or other political subdivisions, corporations, or individuals: Provided, That prior

to such erection there is obtained the right

to use the land for the estimated life of or

need for the structure, including the right

to remove any such structure within a

reasonable time after the termination of

the right to use the land. (16 U.S.C. 571c)

Purchases of tree seeds, cones,

forage plant seed, and nursery stock

for national forests

Sec. 2 The provisions of section 5 of title

41 shall not apply to any purchase by the

Forest Service of forest-tree seed or

cones or of forage plant seed when the

amount involved does not exceed $10,000,

nor to any purchase of forest-tree nursery

stock when the amount involved does not

exceed $500, whenever, in the discretion

of the Secretary of Agriculture, such

method is in the public interest. (16

U.S.C. 504)

Purchases of experimental materials,

special devices, test models, etc.

Sec. 3 The provisions of section 5 of title

41 shall not apply to purchases by the

Forest Service of (1) materials to be

tested or upon which experiments are to

be made or (2) special devices, test

models, or parts thereof, to be used (a)

for experimentation to determine their

suitability for or adaptability to accomplishment of the work for which designed

or (b) in the designing or developing of

new equipment: Provided, That not to

exceed $50,000 may be expended in any

one fiscal year pursuant to this authority

and not to exceed $10,000 on any one

item or purchase. (16 U.S.C. 580c)

Operation of aerial facilities and

services

Sec. 4 The Forest Service by contract or

otherwise may provide for procurement

and operation of aerial facilities and

services for the protection and management of the national forests and other

lands administered by it, including the

furnishing, at the airbase, of facilities,

equipment, materials and the preparation,

mixing and loading into aircraft, with

authority to renew any contract for such

purpose annually, not more than twice,
498 Forest Service Partnerships

without additional advertising. (16 U.S.C.

579a)

Cooperation between Secretary of

Agriculture and public or private

agencies in working land under State

or private ownership

Sec. 5 (a) Payment of expenses by

interested parties; work contemplated

The Secretary of Agriculture is authorized, where the public interest justifies, to

cooperate with or assist public and private

agencies, organizations, institutions, and

persons in performing work on land in

State, county, municipal, or private

ownership, situated within or near a

national forest, for which the administering agency, owner, or other interested

party deposits in one or more payments a

sufficient sum to cover the total estimated

cost of the work to be done for the

benefit of the depositor, for administration,

protection, improvement, reforestation,

and such other kinds of work as the

Forest Service is authorized to do on

lands of the United States: Provided, That

the United States shall not be liable to the

depositor or landowner for any damage

incident to the performance of such work.

(b) Cooperation where national forests or

lands are used by permittees

Cooperation and assistance on the same

basis as that authorized in subsection (a)

of this section is authorized also in the

performance of any such kinds of work in

connection with the occupancy or use of

the national forests or other lands administered by the Forest Service.

(c) Disposition and availability of moneys;

advancements; adjustments

Moneys deposited under this section shall

be covered into the Treasury and shall

constitute a special fund, which is made

available until expended for payment of

the cost of work performed by the Forest

Service and for refunds to depositors of

amounts deposited by them in excess of

their share of said cost: Provided, That

when deposits are received for a number

of similar types of work on adjacent or

overlapping areas, or on areas which in

the aggregate are determined to cover a

single work unit, they may be expended

on such combined areas for the purposes

for which deposited, in which event

refunds to the depositors of the total

amount of the excess deposits involved

will be made on a proportionate basis:

Provided further, That when so provided

by written agreement payment for work

undertaken pursuant to this section may

be made from any Forest Service appropriation available for similar types of

work, and reimbursement received from

said agencies, organizations, institutions,

or persons covering their proportionate

share of the cost and the funds received

as reimbursement shall be deposited to

the credit of the Forest Service appropriation from which initially paid or to appropriations for similar purposes currently

available at the time of deposit: Provided

further, That when by the terms of a

written agreement either party thereto

furnishes materials, supplies, equipment,

or services for fire emergencies in excess

of its proportionate share, adjustment may

be made by reimbursement or by replacement in kind of supplies, materials, and
Forest Service Partnerships 499

equipment consumed or destroyed in

excess of the furnishing party’s proportionate share. (16 U.S.C. 572)

Deposits from timber purchasers to

defray cost of disposing of debris

Sec. 6 Purchasers of national-forest

timber may be required by the Secretary

of Agriculture to deposit the estimated

cost to the United States of disposing of

brush and other debris resulting from their

cutting operations, such deposits to be

covered into the Treasury and constitute a

special fund, which is appropriated and

shall remain available until expended:

Provided, That any deposits in excess of

the amount expended for disposals shall

be transferred to miscellaneous receipts,

forest-reserve fund, to be credited to the

receipts of the year in which such transfer is made. (16 U.S.C. 490)

Use of Forest Service structures or

improvements and land by public and

private agencies, etc.; terms

Sec. 7 The Secretary of Agriculture,

under such regulations as he may prescribe and at rates and for periods not

exceeding thirty years as determined by

him, is authorized to permit the use by

public and private agencies, corporations,

firms, associations, or individuals, of

structures or improvements under the

administrative control of the Forest

Service and land used in connection

therewith: Provided, That as all or a part

of the consideration for permits issued

under this section, the Secretary may

require the permittees at their expense to

renovate, recondition, improve, and

maintain the structures and land to a

satisfactory standard. (16 U.S.C. 580d)

Services furnished persons attending

Forest Service demonstrations and

users of national forest resources

and recreational facilities; rate of

charges; disposition of moneys

Sec. 8 The Secretary of Agriculture is

authorized to furnish persons attending

Forest Service demonstrations, and users

of national forest resources and recreational facilities, with meals, lodging,

bedding, fuel, and other services, where

such facilities are not otherwise available,

at rates approximating but not less than

the actual or estimated cost thereof and

to deposit all moneys received therefor to

the credit of the appropriation from which

the cost thereof is paid, or a similar

appropriation current at the time the

moneys are received: Provided, That such

receipts obtained in excess of $10,000 in

any one fiscal year shall be deposited in

the Treasury as miscellaneous receipts.

(16 U.S.C. 580e)

Sale of forest-tree seed and nursery

stock to States and political

subdivisions; disposition of moneys;

exchanges; limitation

Sec. 9 The Secretary of Agriculture is

authorized, subject to such conditions as

he may prescribe, to sell forest-tree seed

and nursery stock to States and political

subdivisions thereof and to public agencies of other countries, at rates not less

than the actual or estimated cost to the

United States of procuring or producing

such seed or nursery stock, moneys
500 Forest Service Partnerships

received from the sale thereof to be

credited to the appropriation or appropriations of the Forest Service currently

available for the procurement or production of seed or nursery stock at the time

such moneys are deposited: Provided,

That the Secretary of Agriculture may

exchange with such public agencies

forest-tree seed and nursery stock for

forest-tree seed or nursery stock of the

same or different species upon a determination that such exchange is in the

interest of the United States and that the

value of the property given in exchange

does not exceed the value of the property

received: Provided further, That no

nursery stock shall be sold or exchanged

under this section as ornamental or other

stock for landscape planting of the types

commonly grown by established commercial nurserymen. (16 U.S.C. 504a)

Telephones for official use in private

residences

Sec. 10 Notwithstanding the provisions of

section 1348 of title 31, appropriations for

the protection and management of the

national forests and other lands administered by the Forest Service shall be

available to pay for telephone service

installed in residences of employees and

of persons cooperating with the Forest

Service who reside within or near such

lands when such installation is determined

by the Secretary of Agriculture to be

needed in protecting such lands: Provided,

That in addition to the monthly local

service charge, the Government may pay

only such tolls or other charges as are

required strictly for the public business.

(16 U.S.C. 580f)

Seeding leased range land;

conditions and limitations

Sec. 11 Whenever such action is deemed

to be in the public interest, the Secretary

of Agriculture is authorized to pay from

any appropriation available for the

protection and management of the

national forests all or any part of the cost

of leasing, seeding, and protective fencing

of public range land (other than national

forest land) and privately owned land

intermingled with or adjacent to national

forest or other land administered by the

Forest Service, if the use of the land to be

seeded is controlled by the Forest Service

under a lease or agreement which in the

judgment of the Chief of the Forest

Service gives the Forest Service control

over the land for a sufficient period to

justify such expenditures: Provided, That

payment may not be made under authority of this section for the seeding of more

than one thousand acres in any one

private ownership: Provided further, That

payment may not be made under authority of this section for the seeding of more

than twenty-five thousand acres in any

one fiscal year: Provided further, That the

period of any lease under this authority

may not exceed twenty years. (16 U.S.C.

580g)

Range improvements from

appropriated funds

Sec. 12 Of the moneys received from

grazing fees by the Treasury from each

national forest during each fiscal year
Forest Service Partnerships 501

there shall be available at the end thereof

when appropriated by Congress an

amount equivalent to 2 cents per animalmonth for sheep and goats and 10 cents

per animal-month for other kinds of

livestock under permit on such national

forest during the calendar year in which

the fiscal year begins, which appropriated

amount shall be available until expended

on such national forest, under such

regulations as the Secretary of Agriculture may prescribe, for

(1) artificial revegetation, including the

collection or purchase of necessary

seed;

(2) construction and maintenance of

drift or division fences and stockwatering places, bridges, corrals,

driveways, or other necessary range

improvements;

(3) control of range-destroying rodents;

or

(4) eradication of poisonous plants and

noxious weeds, in order to protect or

improve the future productivity of the

range. (16 U.S.C. 580h)

Forest headquarters, ranger

stations, dwellings, or other needed

sites

Sec. 13 Where no suitable Government

land is available for national forest

headquarters, ranger stations, dwellings,

or for other sites required for the effective conduct of the authorized activities of

the Forest Service, the Secretary of

Agriculture is authorized to purchase such

lands out of the appropriation applicable

to the purpose for which the land is to be

used, and to accept donations of land for

any national forest or experimental

purpose: Provided, That such lands may

be acquired subject to such reservations

and outstanding interests as the Secretary

determines will not interfere with the

purpose for which acquired: Provided

further, That not to exceed $50,000 may

be expended in any one fiscal year

pursuant to this authority. (16 U.S.C. 555)

Acquisition of winter range, land, and

helicopter landing site

Sec. 14 There are authorized to be

appropriated -

(a) such sums as may be necessary for

the acquisition of parcels of land and

interests in land in Sanders County,

Montana, needed by the Forest Service to

provide winter range for its saddle, pack,

and draft animals;

(b) not to exceed $50,000 for the acquisition of additional land adjacent to the

present site of the Forest Products

Laboratory at Madison, Wisconsin; and

(c) not to exceed $25,000 for the acquisition of one helicopter landing site in

southern California. Land acquired under

this section may be subject to such

reservations and outstanding interests as

the Secretary of Agriculture determines

will not interfere with the purpose for

which acquired. (16 U.S.C. 580i)

Employees of Forest Service;

subsistence furnished to; personal

equipment; supplies, and medical

attention

Sec. 15 The Secretary of Agriculture is
502 Forest Service Partnerships

authorized to furnish subsistence to

employees of the Forest Service, to

purchase personal equipment and supplies

for them, and to make deductions therefor

from moneys appropriated for salary

payments or otherwise due such employees. He is also authorized, in his discretion, to provide out of moneys appropriated for the general expenses of the

Forest Service medical attention for

employees of the Forest Service located

at isolated situations, including the moving

of such employees to hospitals or other

places where medical assistance is

available, and in case of death to remove

the bodies of deceased employees to the

nearest place where they can be prepared for shipment or for burial: Provided,

That when a transient without permanent

residence, or any other person while

away from his place of residence, is

temporarily employed by the Forest

Service and while so employed becomes

disabled because of injury or illness not

attributable to official work, he may be

provided hospitalization and other necessary medical care, subsistence, and

lodging for a period of not to exceed

fifteen days during such disability, the cost

thereof to be payable from any funds

available to the Forest Service applicable

to the work for which such person is

employed. (16 U.S.C. 557)

Injury benefits for temporary

employees

Sec. 16 Appropriations of the Forest

Service chargeable with salaries and

wages shall be available for payment to

temporary employees of the Forest

Service for loss of time due to injury in

official work at rates not in excess of

those provided by subchapter I of chapter

81 of title 5, when the injured person is in

need of immediate financial assistance to

avoid hardship: Provided, That such

payment shall not be made for a period in

excess of fifteen days and the Secretary

of Labor shall be notified promptly of the

amount so paid, which amount shall be

deducted from the amount, if any, otherwise payable by the Secretary of Labor

to the employee on account of the injury,

the amount so deducted by the Secretary

of Labor to be paid to the Forest Service

for deposit to the credit of the Forest

Service appropriation from which the

expenditure was made: Provided further,

That when any person assisting in the

suppression of forest fires or in other

emergency work under the direction of

the Forest Service, without compensation

from the United States, pursuant to the

terms of a contract, agreement, or permit,

is injured in such work, the Forest Service

may furnish hospitalization and other

medical care, subsistence, and lodging for

a period of not to exceed fifteen days

during such disability, the cost thereof to

be payable from the appropriation applicable to the work upon which the injury

occurred, except that this proviso shall not

apply when such person is within the

purview of a State or other compensation

act: Provided further, That determination

by the Forest Service that payment is

allowable under this section shall be final

as to payments made hereunder, but such

determination or payments with respect to

employees shall not prevent the Secretary
Forest Service Partnerships 503

of Labor from denying further payments

should the Secretary of Labor determine

that compensation is not properly allowable under the provisions of subchapter I

of chapter 81 of title 5. (16 U.S.C. 580j)

Payment and evaluation of receipts

to State or Territory for schools and

roads; moneys received; projections

of revenues and estimated payments

Sec. 17 On and after May 23, 1908,

twenty-five per centum of all moneys

received during any fiscal year from each

national forest shall be paid, at the end of

such year, by the Secretary of the Treasury to the State or Territory in which

such national forest is situated, to be

expended as the State or Territorial

legislature may prescribe for the benefit

of the public schools and public roads of

the county or counties in which such

national forest is situated: Provided, That

when any national forest is in more than

one State or Territory or county the

distributive share to each from the

proceeds of such forest shall be proportional to its area therein. In sales of logs,

ties, poles, posts, cordwood, pulpwood,

and other forest products the amounts

made available for schools and roads by

this section shall be based upon the

stumpage value of the timber. Beginning

October 1, 1976, the term “moneys

received” shall include all collections

under the Act of June 9, 1930, and all

amounts earned or allowed any purchaser

of national forest timber and other forest

products within such State as purchaser

credits, for the construction of roads on

the National Forest Transportation

System within such national forests or

parts thereof in connection with any

Forest Service timber sales contract. The

Secretary of Agriculture shall, from time

to time as he goes through his process of

developing the budget revenue estimates,

make available to the States his current

projections of revenues and payments

estimated to be made under the Act of

May 23, 1908, as amended, or any other

special Acts making payments in lieu of

taxes, for their use for local budget

planning purposes. (16 U.S.C. 500)

Grazing advisory boards

Sec. 18 (a) Composition; election meetings

(1) To provide national forest grazing

permittees means for the expression of

their recommendations concerning the

management and administration of

national forest grazing lands, a local

advisory board shall be constituted and

elected as hereinafter provided for each

national forest or administrative subdivision thereof, whenever a majority of the

grazing permittees of such national

forest or administrative subdivision so

petitions the Secretary of Agriculture.

Each elected local advisory board

existing for such purpose on April 24,

1950, and recognized as such by the

Department of Agriculture, shall continue to be the local advisory board for

the unit or area it represents, until

replaced by a local advisory board or

boards constituted and elected as

hereinafter provided.

(2) Each such local advisory board shall

be constituted and elected under rules
504 Forest Service Partnerships

and regulations, consistent herewith,

now or hereafter approved by the

Secretary of Agriculture, and shall be

recognized by him as representing the

grazing permittees of the national forest

or administrative subdivision thereof for

which such local advisory board has

been constituted and elected.

(3) Each such local advisory board shall

consist of not less than three nor more

than twelve members, who shall be

national forest grazing permittees in the

area for which such board is constituted, elected, and recognized. In

addition, a wildlife representative may

be appointed as a member of each such

board by the State game commission, or

the corresponding public body of the

State in which the advisory board is

located, to advise on wildlife problems.

(4) Each such local advisory board shall

meet at least once annually, at a time to

be fixed by such board, and at such

other time or times as its members may

determine, or on the call of the chairman thereof or of the Secretary of

Agriculture or his authorized representative.

(b) Advice and recommendations on

matters within jurisdiction

Upon the request of any party affected

thereby, the Secretary of Agriculture, or

his duly authorized representative, shall

refer to the appropriate local advisory

board for its advice and recommendations

any matter pertaining to (1) the modification of the terms, or the denial of a

renewal of, or a reduction in, a grazing

permit, or (2) the establishment or modification of an individual or community

allotment. In the event the Secretary of

Agriculture, or his duly authorized representative, shall overrule, disregard, or

modify any such recommendations, he, or

such representative, shall furnish in

writing to the local advisory board his

reasons for such action.

(c) Notification by Secretary of Agriculture of intention to issue regulations;

recommendations; written explanation of

reasons for overruling

(1) At least thirty days prior to the

issuance by the Secretary of Agriculture

of any regulation under sections 490,

500, 504, 504a, 555, 557, 571c, 572,

579a, 580c to 580l, and 581 (Section 581

of this title, was repealed.) of this title or

otherwise, with respect to the administration of grazing on national forest

lands, or of amendments or additions to,

or modifications in, any such regulation,

which in his judgment would substantially modify existing policy with respect

to grazing in national forests, or which

would materially affect preferences of

permittees in the area involved, the local

advisory board for each area that will

be affected thereby shall be notified of

the intention to take such action. If as a

result of this notice the Secretary of

Agriculture shall receive any recommendation respecting the issuance of

the proposed regulation and shall

overrule, disregard, or modify any such

regulations, he or his representative

shall furnish in writing to the local

advisory board his reasons for such

action.
Forest Service Partnerships 505

(2) Any such local advisory board may

at any time recommend to the Secretary

of Agriculture, or his representative, the

issuance of regulations or instructions

relating to the use of national forest

lands, seasons of use, grazing capacity

of such lands, and any other matters

affecting the administration of grazing in

the area represented by such board. (16

U.S.C. 580k)

Permits for grazing livestock on

national forests

Sec. 19 The Secretary of Agriculture in

regulating grazing on the national forests

and other lands administered by him in

connection therewith is authorized, upon

such terms and conditions as he may

deem proper, to issue permits for the

grazing of livestock for periods not

exceeding ten years and renewals

thereof: Provided, That nothing herein

shall be construed as limiting or restricting

any right, title, or interest of the United

States in any land or resources. (16

U.S.C. 580l)

Advance of funds for cooperative

research 

Sec. 20 For the purpose of fostering and

stimulating participation with the Forest

Service in forest, range, and watershed

management research through investigations, experiments, tests, or such other

means as he may deem advisable, and in

order to aid in obtaining the fullest cooperation from States and other public and

private agencies, organizations, institutions, and individuals, in effectuating such

research the Secretary of Agriculture is

authorized in accordance with such

regulations as he may issue and when in

his judgment such cooperative work will

be stimulated or facilitated to make funds

available to the cooperators without

regard to the provisions of section

3324(a) and (b) of title 31, prohibiting

advances of public moneys. (16 U.S.C.

581i-1)
506 Forest Service Partnerships

Youth Conservation Corps Act of 1970

August 13, 1970 (Pub. L. 91-378, 84 Stat. 794; 16 U.S.C. 1701

to 1706)

Congressional declaration of policy

and purpose

Sec. 101 The Congress finds that the

Youth Conservation Corps has demonstrated a high degree of success as a pilot

program wherein American youth,

representing all segments of society, have

benefited by gainful employment in the

healthful outdoor atmosphere of the

national park system, the national forest

system, other public land and water areas

of the United States and by their employment have developed, enhanced, and

maintained the natural resources of the

United States, and whereas in so doing

the youth have gained an understanding

and appreciation of the Nation’s environment and heritage equal to one full

academic year of study, it is accordingly

the purpose of this subchapter to expand

and make permanent the Youth Conservation Corps and thereby further the

development and maintenance of the

natural resources by America’s youth,

and in so doing to prepare them for the

ultimate responsibility of maintaining and

managing these resources for the American people. (16 U.S.C. 1701)

Establishment

Sec. 102 (a) Age of participants

To carry out the purposes of this subchapter, there is established in the Department of the Interior and the Department of Agriculture a Youth Conservation

Corps (hereinafter in this subchapter

referred to as the “Corps”). The Corps

shall consist of young men and women

who are permanent residents of the

United States, its territories, possessions,

trust territories, or Commonwealth of

Puerto Rico who have attained age

fifteen but have not attained age nineteen,

and whom the Secretary of the Interior or

the Secretary of Agriculture may employ

without regard to the civil service or

classification laws, rules, or regulations,

for the purpose of developing, preserving,

or maintaining the lands and waters of the

United States.

(b) Equal employment opportunity and

employment; term

The Corps shall be open to youth from all

parts of the country of both sexes and

youth of all social, economic, and racial

classifications with all Corps members

receiving compensation consistent with

work accomplished, and with no person

being employed as a member of the

Corps for a term in excess of ninety days

during any single year. (16 U.S.C. 1702)

Duties and functions of Secretary of

the Interior and Secretary of

Agriculture

Sec. 103 (a) Programs and projects;

conditions of employment; regulations;

use of facilities by educational institutions

In carrying out this subchapter, the
Forest Service Partnerships 507

Secretary of the Interior and the Secretary of Agriculture shall -

(1) determine the areas under their

administrative jurisdictions which are

appropriate for carrying out the programs using employees of the Corps;

(2) determine with other Federal

agencies the areas under the administrative jurisdiction of these agencies

which are appropriate for carrying out

programs using members of the Corps,

and determine and select appropriate

work and education programs and

projects for participation by members of

the Corps;

(3) determine the rates of pay, hours,

and other conditions of employment in

the Corps, except that all members of

the Corps shall not be deemed to be

Federal employees other than for the

purpose of chapter 171 of title 28, and

chapter 81 of title 5.

(4) provide for such transportation,

lodging, subsistence, and other services

and equipment as they may deem

necessary or appropriate for the needs

of members of the Corps in their duties:

(5) promulgate regulation to insure the

safety, health, and welfare of the Corps

members; and

(6) provide to the extent possible, that

permanent or semipermanent facilities

used as Corps camps be made available

to local schools, school districts, State

junior colleges and universities, and

other education institutions for use as

environmental/ecological education

camps during periods of nonuse by the

Corps program. Costs for operations

maintenance, and staffing of Corps

camp facilities during periods of use by

non-Corps programs as well as any

liability for personal injury or property

damage stemming from such use shall

be the responsibility of the entity or

organization using the facility and shall

not be a responsibility of the Secretaries

or the Corps.

(b) Use of unoccupied Federal facilities

and equipment

Existing but unoccupied Federal facilities

and surplus or unused equipment (or

both), of all types including military

facilities and equipment, shall be utilized

for the purposes of the Corps, where

appropriate and with the approval of the

Federal agency involved. To minimize

transportation costs, Corps members shall

be employed on conservation projects as

near to their places of residence as is

feasible.

(c) Contracts for the operation of projects

The Secretary of the Interior and the

Secretary of Agriculture may contract

with any public agency or organization or

any private nonprofit agency or organization which has been in existence for at

least five years for the operation of any

Youth Conservation Corps project. (16

U.S.C. 1703)

Grants to States

Sec. 104 (a) Projects for preservation of

non-Federal public lands and waters;

“States” defined

The Secretary of the Interior and the
508 Forest Service Partnerships

Secretary of Agriculture shall jointly

establish a program under which grants

shall be made to States to assist them in

meeting the cost of projects for the

employment of young men and women to

develop, preserve, and maintain nonFederal public lands and waters within the

States. For purposes of this section, the

term “States” includes the District of

Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, the Trust

Territory of the Pacific Islands, and

American Samoa.

(b) Application requirements for grants;

approval by Secretaries

(1) No grant may be made under this

section unless an application therefor

has been submitted to, and approved by,

the Secretary of the Interior and the

Secretary of Agriculture. Such application shall be in such form, and submitted

in such manner, as the Secretaries shall

jointly by regulation prescribe, and shall

contain-

(A) assurances satisfactory to the

Secretaries that individuals employed

under the project for which the

application is submitted shall (i) have

attained the age of fifteen but not

attained the age of nineteen, (ii) be

permanent residents of the United

States or its territories, possessions, or

the Trust Territory of the Pacific

Islands, (iii) be employed without

regard to the personnel laws, rules,

and regulations applicable to full-time

employees of the applicant, (iv) be

employed for a period of not more

than ninety days in any calendar year,

and (v) be employed without regard to

their sex or social, economic, or racial

classification; and

(B) such other information as the

Secretaries may jointly by regulation

prescribe.

(2) The Secretaries may approve

applications which they determine (A)

to meet the requirements of paragraph

(1), and (B) are for projects which will

further the development, preservation,

or maintenance of non-Federal public

lands or waters within the jurisdiction of

the applicant.

(c) Limitation on the amount of grant

(1) The amount of any grant under this

section shall be determined jointly by the

Secretaries, except that no grant for any

project may exceed 80 per centum of

the cost (as determined by the Secretaries) of such project.

(2) Payments under grants under this

section may be made in advance or by

way of reimbursement and at such

intervals and on such conditions as the

Secretaries find necessary.

(d) Appropriation percentage

Thirty per centum of the sums appropriated under section 1706 of this title for

any fiscal year shall be made available for

grants under this section for such fiscal

year. (16 U.S.C. 1704)

Authorization of appropriations

Sec. 106 There are authorized to be

appropriated amounts not to exceed

$60,000,000 for each fiscal year, which
Forest Service Partnerships 509

amounts shall be made available to the

Secretary of the Interior and the Secretary of Agriculture to carry out the

purposes of this subchapter. Notwithstanding any other provision of law, funds

appropriated for any fiscal year to carry

out this subchapter shall remain available

for obligation and expenditure until the

end of the fiscal year following the fiscal

year for which appropriated. (16 U.S.C.

1706)
510 Forest Service Partnerships

Volunteers in the National Forests Act of 1972

May 18, 1972 (Pub. L. 92-300, 86 Stat. 147; 558a to 558d,

558a note)

Volunteers in the National Forests

Program

Sec. 1 The Secretary of Agriculture

(hereinafter referred to as the “Secretary”) is authorized to recruit, train, and

accept without regard to the civil service

1

 classification laws, rules, or regulations

the services of individuals without compensation as volunteers for or in aid of

interpretive functions, visitor services,

conservation measures and development,

or other activities in and related to areas

administered by the Secretary through the

Forest Service. In carrying out this

section, the Secretary shall consider

referrals of prospective volunteers made

by the Corporation for National and

Community Service. (16 U.S.C. 558a)

1

 So in original. The word “and” probably

should appear after “civil service”.

Incidental expenses of program

volunteers

Sec. 2 The Secretary is authorized to

provide for incidental expenses, such as

transportation, uniforms, lodging, and

subsistence. (16 U.S.C. 558b)

Employment status of volunteers 

Sec. 3 (a) Federal employee status

Except as otherwise provided in this

section, a volunteer shall not be deemed a

Federal employee and shall not be subject

to the provisions of law relating to Federal

employment, including those relating to

hours of work, rates of compensation,

leave, unemployment compensation, and

Federal employee benefits.

(b) Tort claims

For the purpose of the tort claim provisions of title 28, a volunteer under sections 558a to 558d of this title shall be

considered a Federal employee.

(c) Civil employees

For the purposes of subchapter I of

chapter 81 of title 5, relating to compensation to Federal employees for work

injuries, volunteers under sections 558a to

558d of this title shall be deemed civil

employees of the United States within the

meaning of the term “employee” as

defined in section 8101 of title 5, and the

provisions of that subchapter shall apply.

(d) Compensation for losses and damages

For the purposes of claims relating to

damage to, or loss of, personal property

of a volunteer incident to volunteer

service, a volunteer under sections 558a

to 558d of this title shall be considered a

Federal employee, and the provisions of

section 3721 of title 31 shall apply. (16

U.S.C. 558c)

Authorization of appropriations

Sec. 4 There are authorized to be appropriated such sums as may be necessary

to carry out the provisions of sections

558a to 558d of this title. (16 U.S.C.

558d)

***
Forest Service Partnerships 511

National Forest Foundation Act

November 16, 1990 (Pub. L. 101-59, 104 Stat. 2969; 16 U.S.C.

583j note, 583j to 583j-8)

***

Establishment and purposes of

Foundation

Sec. 402 (a) Establishment

There is established the National Forest

Foundation (hereinafter referred to as the

“Foundation”) as a charitable and nonprofit corporation domiciled in the District

of Columbia.

(b) Purposes

The purposes of the Foundation are to –

(1) encourage, accept, and administer

private gifts of money, and of real and

personal property for the benefit of, or

in connection with, the activities and

services of the Forest Service of the

Department of Agriculture;

(2) undertake and conduct activities that

further the purposes for which units of

the National Forest System are established and are administered and that are

consistent with approved forest plans;

and

(3) undertake, conduct and encourage

educational, technical and other assistance, and other activities that support

the multiple use, research, cooperative

forestry and other programs administered by the Forest Service.

(c) Limitation and conflicts of interests

(1) The Foundation shall not participate

or intervene in a political campaign on

behalf of any candidate for public

office.

(2) No director, officer, or employee of

the Foundation shall participate, directly

or indirectly, in the consideration or

determination of any question before the

Foundation affecting -

(A) the financial interests of the

director, officer, or employee; or

(B) the interests of any corporation

partnership, entity, or organization in

which such director, officer, or employee -

(i) is an officer, director, or trustee;

or

(ii) has any direct or indirect financial interest. (16 U.S.C. 583j)

Board of Directors of Foundation

Sec. 403 (a) Establishment and membership

The Foundation shall have a governing

Board of Directors (hereinafter referred

to as the “Board”), which shall consist of

fifteen Directors, each of whom shall be

a United States citizen. At the discretion

of the Secretary of Agriculture, the

Secretary may increase the number of

Directors to not more than twenty. At all

times, a majority of members of the

Board shall be educated or have actual

experience in natural or cultural resource
512 Forest Service Partnerships

management, law, or research. To the

extent practicable, members of the Board

shall represent diverse points of view

relating to natural and cultural resource

issues. The Chief of the Forest Service

shall be an ex officio nonvoting member

of the Board.

(b) Appointment and terms

Within one year from November 16, 1990,

the Secretary of Agriculture (hereinafter

referred to as the “Secretary”) shall

appoint the Directors of the Board.

Directors shall be appointed for terms of

six years; except that the Secretary, in

making the initial appointments to the

Board, shall appoint one-third each of the

Directors to terms of two, four, and six

years respectively. A vacancy on the

Board shall be filled within sixty days of

such vacancy in the manner in which the

original appointment was made. No

individual may serve more than twelve

consecutive years as a Director.

(c) Chairman

The Chairman shall be elected by the

Board from its members. A chairman

shall serve for a two-year term, and may

be re-elected to the post during his tenure

as a Director.

(d) Quorum

A majority of the current voting membership of the Board shall constitute a

quorum for the transaction of business.

(e) Meetings

The Board shall meet at the call of the

Chairman at least once a year. If a

Director misses three consecutive

regularly scheduled meetings, that individual may be removed from the Board

by majority vote of the Board of Directors and that vacancy filled in accordance

with subsection (b) of this section.

(f) Reimbursement of expenses

Voting members of the Board shall serve

without pay, but may be reimbursed for

the actual and necessary traveling and

subsistence expenses incurred by them in

the performance of their duties for the

Foundation. Such reimbursement may not

exceed such amount as would be authorized under section 5703 of title 5 for the

payment of expenses and allowances for

individuals employed intermittently in the

Federal Government service.

(g) General powers

The Board may complete the organization

of the Foundation by appointing employees, adopting a constitution and bylaws

consistent with the purposes of the

Foundation and the provisions of this

subchapter, and undertaking other such

acts as may be necessary to function and

to carry out the provisions of this subchapter.

(h) Officers and employees

Officers and employees may not be

appointed until the Foundation has sufficient funds to pay for their services.

Officers and employees of the Foundation

shall be appointed without regard to the

provisions of title 5 governing appointments in the competitive service, and may

be paid without regard to the provisions of

chapter 51 and subchapter III of chapter

53 of such title relating to classification
Forest Service Partnerships 513

and General Schedule pay rates. (16

U.S.C. 583j-1)

Corporate powers and obligations

Sec. 404 (a) In general

The Foundation –

(1) shall have perpetual succession;

(2) may conduct business throughout

the several States, territories, and

possessions of the United States and in

foreign countries;

(3) shall have its principal offices in the

Washington, D.C. metropolitan area;

and

(4) shall at all times maintain a designated agent in the District of Columbia

authorized to accept service of process

for the Foundation.

(b) Notice and service of process

The serving of notice to, or service of

process upon, the agent required under

this paragraph, 1

 or mailed to the business

address of such agent, shall be deemed as

service upon or notice to the Foundation.

(c) Seal

The Foundation shall have an official seal

selected by the Board which shall be

judicially noticed.

(d) Powers

To carry out its purposes, the Foundation

shall have, in addition to powers otherwise authorized under this subchapter, the

usual powers of a corporation in the

District of Columbia, including the power

to –

(1) accept, receive, solicit, hold, administer and use any gift, devise, or bequest, either absolutely or in trust, or

real or personal property or any income

therefrom or other interest therein;

(2) acquire by donation, gift, devise,

purchase or exchange any real or

personal property or interest therein;

(3) unless otherwise required by the

instrument of transfer, sell, donate,

lease, invest, reinvest, retain or otherwise dispose of any property or income

therefrom;

(4) borrow money and issue bonds,

debentures, or other debt instruments;

(5) sue and be sued, and complain and

defend itself in any court of competent

jurisdiction (except that the Directors of

the Board shall not be personally liable,

except for gross negligence);

(6) enter into contracts or other arrangements with public agencies,

private organizations, and persons and

to make such payments as may be

necessary to carry out the purposes

thereof; and

(7) do any and all acts necessary and

proper to carry out the purposes of the

Foundation.

(e) Property

(1) The Foundation may acquire, hold

and dispose of lands, waters, or other

interests in real property by donation,

gift, devise, purchase or exchange. For

the purposes of this subchapter, an

interest in real property shall include, but

not be limited to, mineral and water
514 Forest Service Partnerships

rights, rights of way, and easements

appurtenant or in gross. A gift, devise,

or bequest may be accepted by the

Foundation even though it is encumbered, restricted, or subject to beneficial

interests of private persons if any

current or future interest therein is for

the benefit of the Foundation.

(2) No lands or waters, or interests

therein, that are owned by the Foundation and are determined by the Chief of

the United States Forest Service to be

valuable for purposes established in this

subchapter shall be subject to condemnation by any State or political subdivision, or any agent or instrumentality

thereof.

(3) The Foundation and any income or

property received or owned by it, and all

transactions relating to such income or

property, shall be exempt from all

Federal, State, and local taxation with

respect thereto.

(4) Contributions, gifts, and other

transfers made to or for the use of the

Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section

501(c)(3) of title 26. (16 U.S.C. 583j-2)

1

 So in original. Probably should be “this

section,”.

Administrative services and support

Sec. 405 (a) Startup funds

For purposes of assisting the Foundation

in establishing an office and meeting initial

administrative, project, and other startup

expenses, the Secretary is authorized to

provide to the Foundation $500,000, from

funds appropriated pursuant to section

583j-8(a) of this title, per year for the two

years beginning October 1, 1992. Such

funds shall remain available to the Foundation until they are expended for authorized purposes.

(b) Matching funds

In addition to the startup funds provided

under subsection (a) of this section, for a

period of five years beginning October 1,

1992, the Secretary is authorized to

provide matching funds for administrative

and project expenses incurred by the

Foundation as authorized by section 583j8(b) of this title including reimbursement

of expenses under section 583j-1 of this

title, not to exceed then current Federal

Government per diem rates.

(c) Administrative expenses

At any time, the Secretary may provide

the Foundation use of Department of

Agriculture personnel, facilities, and

equipment, with partial or no reimbursement, with such limitations and on such

terms and conditions as the Secretary

shall establish. (16 U.S.C. 583j-3)

Volunteers

Sec. 406 The Secretary may accept,

without regard to the civil service classification laws, rules and regulations, any

director, officer, employee or agent of the

Foundation as a volunteer for purposes of

the Volunteers in the National Forests Act

of 1972 (16 U.S.C. 558a through 558d; 86

Stat. 147). (16 U.S.C. 583j-4)

Audits and report requirements
Forest Service Partnerships 515

Sec. 407 (a) Audits For purposes of

section 10101 of title 36 the Foundation

shall be treated as a corporation in part B

of subtitle II of title 36.

(b) Annual reports

The Foundation shall, 2

 transmit each year

to Congress a report of its proceedings

and activities of the previous year,

including a full and complete statement of

its receipts, expenditures, and investments. (16 U.S.C. 583j-5)

2

 So in original. The comma probably

should not appear.

United States release from liability

Sec. 408 The United States shall not be

liable for any debts, defaults, acts or

omissions of the Foundation nor shall the

full faith and credit of the United States

extend to any obligations of the Foundation. (16 U.S.C. 583j-6)

Activities of Foundation and United

States Forest Service

Sec. 409 The activities of the Foundation

authorized under the provisions of this Act

shall be supplemental to and shall not

preempt any authority or responsibility of

the United States Forest Service under

any other provision of law. (16 U.S.C.

583j-7)

Authorization of appropriations

Sec. 410 (a) Startup funds

For the purposes of section 583j-3 of this

title, there are authorized to be appropriated $1,000,000.

(b) Matching funds

For the purposes of section 583j-3 of this

title, during the five-year period beginning

October 1, 1992, there are authorized to

be appropriated $1,000,000 annually to the

Secretary of Agriculture to be made

available to the Foundation to match, on a

one-for-one basis, private contributions

made to the Foundation. (16 U.S.C. 583j8)
516 Forest Service Partnerships

Secure Rural Schools and Community SelfDetermination Act of 2000

October 30, 2000 (Pub. L. 106–393, 114 Stat. 1607; 16 U.S.C.

500 note)

Sec. 1 Short Title; Table of Contents.

(a) Short Title.—This Act may be cited as

the “Secure Rural Schools and Community Self-Determination Act of 2000”.

(b) Table of Contents. [Omitted]

Sec. 2. Findings and Purposes.

(a) Findings.—The Congress finds the

following:

(1) The National Forest System, which

is managed by the United States Forest

Service, was established in 1907 and

has grown to include approximately

192,000,000 acres of Federal lands.

(2) The public domain lands known as

revested Oregon and California Railroad grant lands and the reconveyed

Coos Bay Wagon Road grant lands,

which are managed predominantly by

the Bureau of Land Management were

returned to Federal ownership in 1916

and 1919 and now comprise approximately 2,600,000 acres of Federal

lands.

(3) Congress recognized that, by its

decision to secure these lands in

Federal ownership, the counties in

which these lands are situated would be

deprived of revenues they would

otherwise receive if the lands were held

in private ownership.

(4) These same counties have expended public funds year after year to

provide services, such as education,

road construction and maintenance,

search and rescue, law enforcement,

waste removal, and fire protection, that

directly benefit these Federal lands and

people who use these lands.

(5) To accord a measure of compensation to the affected counties for the

critical services they provide to both

county residents and visitors to these

Federal lands, Congress determined

that the Federal Government should

share with these counties a portion of

the revenues the United States receives

from these Federal lands.

(6) Congress enacted in 1908 and

subsequently amended a law that

requires that 25 percent of the revenues

derived from National Forest System

lands be paid to States for use by the

counties in which the lands are situated

for the benefit of public schools and

roads.

(7) Congress enacted in 1937 and

subsequently amended a law that

requires that 75 percent of the revenues

derived from the revested and

reconveyed grant lands be paid to the

counties in which those lands are

situated to be used as are other county
Forest Service Partnerships 517

funds, of which 50 percent is to be used

as other county funds.

(8) For several decades primarily due to

the growth of the Federal timber sale

program, counties dependent on and

supportive of these Federal lands

received and relied on increasing shares

of these revenues to provide funding for

schools and road maintenance.

(9) In recent years, the principal source

of these revenues, Federal timber sales,

has been sharply curtailed and, as the

volume of timber sold annually from

most of the Federal lands has decreased precipitously, so too have the

revenues shared with the affected

counties.

(10) This decline in shared revenues

has affected educational funding and

road maintenance for many counties.

(11) In the Omnibus Budget Reconciliation Act of 1993, Congress recognized

this trend and ameliorated its adverse

consequences by providing an alternative annual safety net payment to 72

counties in Oregon, Washington, and

northern California in which Federal

timber sales had been restricted or

prohibited by administrative and judicial

decisions to protect the northern spotted

owl.

(12) The authority for these particular

safety net payments is expiring and no

comparable authority has been granted

for alternative payments to counties

elsewhere in the United States that

have suffered similar losses in shared

revenues from the Federal lands and in

the funding for schools and roads those

revenues provide.

(13) There is a need to stabilize education and road maintenance funding

through predictable payments to the

affected counties, job creation in those

counties, and other opportunities

associated with restoration, maintenance, and stewardship of Federal

lands.

(14) Both the Forest Service and the

Bureau of Land Management face

significant backlogs in infrastructure

maintenance and ecosystem restoration

that are difficult to address through

annual appropriations.

(15) There is a need to build new, and

strengthen existing, relationships and to

improve management of public lands

and waters.

(b) Purposes.—The purposes of this Act

are as follows:

(1) To stabilize payments to counties to

provide funding for schools and roads

that supplements other available funds.

(2) To make additional investments in,

and create additional employment

opportunities through, projects that

improve the maintenance of existing

infrastructure, implement stewardship

objectives that enhance forest ecosystems, and restore and improve land

health and water quality. Such projects

shall enjoy broad-based support with

objectives that may include, but are not

limited to—

(A) road, trail, and infrastructure

maintenance or obliteration;
518 Forest Service Partnerships

(B) soil productivity improvement;

(C) improvements in forest ecosystem

health;

(D) watershed restoration and maintenance;

(E) restoration, maintenance and

improvement of wildlife and fish

habitat;

(F) control of noxious and exotic

weeds; and

(G) reestablishment of native species.

(3) To improve cooperative relationships among the people that use and

care for Federal lands and the agencies

that manage these lands.

Sec. 3 Definitions.

In this Act:

(1) Federal Lands.—The term “Federal

lands” means—

(A) lands within the National Forest

System, as defined in section 11(a) of

the Forest and Rangeland Renewable

Resources Planning Act of 1974 (16

U.S.C. 1609(a)) exclusive of the

National Grasslands and land utilization projects designated as National

Grasslands administered pursuant to

the Act of July 22, 1937 (7 U.S.C.

1010–1012); and

(B) such portions of the revested

Oregon and California Railroad and

reconveyed Coos Bay Wagon Road

grant lands as are or may hereafter

come under the jurisdiction of the

Department of the Interior, which

have heretofore or may hereafter be

classified as timberlands, and powersite lands valuable for timber, that

shall be managed, except as provided

in the former section 3 of the Act of

August 28, 1937 (50 Stat. 875; 43

U.S.C. 1181c), for permanent forest

production.

(2) Eligibility Period.—The term

“eligibility period” means fiscal year

1986 through fiscal year 1999.

(3) Eligible County.—The term “eligible

county” means a county that received

50-percent payments for one or more

fiscal years of the eligibility period or a

county that received a portion of an

eligible State’s 25-percent payments for

one or more fiscal years of the eligibility

period. The term includes a county

established after the date of the enactment of this Act so long as the county

includes all or a portion of a county

described in the preceding sentence.

(4) Eligible State.—The term “eligible

State” means a State that received 25-

percent payments for one or more

fiscal years of the eligibility period.

(5) Full Payment Amount.—The term

“full payment amount” means the

amount calculated for each eligible

State and eligible county under section

101.

(6) 25-Percent Payment.—The term

“25-percent payment” means the

payment to States required by the sixth

paragraph under the heading of “FOREST SERVICE” in the Act of May 23,

1908 (35 Stat. 260; 16 U.S.C. 500), and

section 13 of the Act of March 1, 1911

(36 Stat. 963; 16 U.S.C. 500).
Forest Service Partnerships 519

(7) 50-Percent Payment.—The term

“50-percent payment” means the

payment that is the sum of the 50-

percent share otherwise paid to a

county pursuant to title II of the Act of

August 28, 1937 (chapter 876; 50 Stat.

875; 43 U.S.C. 1181f), and the payment

made to a county pursuant to the Act of

May 24, 1939 (chapter 144; 53 Stat.

753; 43 U.S.C. 1181f–1 et seq.).

(8) Safety Net Payments.—The term

“safety net payments” means the

special payment amounts paid to States

and counties required by section 13982

or 13983 of the Omnibus Budget

Reconciliation Act of 1993 (Public Law

103–66; 16 U.S.C. 500 note; 43 U.S.C.

1181f note).

Sec. 4 Conforming Amendment. [Omitted]

Title I—Secure Payments for States

and Counties Containing Federal

Lands (Endnote 1)

Sec. 101 Determination of Full Payment

Amount for Eligible States and Counties.

(a) Calculation Required.—

(1) Eligible States.—For fiscal years

2001 through 2006, the Secretary of the

Treasury shall calculate for each

eligible State that received a 25-percent

payment during the eligibility period an

amount equal to the average of the

three highest 25 percent payments and

safety net payments made to that

eligible State for the fiscal years of the

eligibility period.

(2) Bureau of Land Management

Counties.—For fiscal years 2001

through 2006, the Secretary of the

Treasury shall calculate for each

eligible county that received a 50-

percent payment during the eligibility

period an amount equal to the average

of the three highest 50-percent payments and safety net payments made to

that eligible county for the fiscal years

of the eligibility period.

(b) Annual Adjustment.—For each fiscal

year in which payments are required to

be made to eligible States and eligible

counties under this title, the Secretary of

the Treasury shall adjust the full payment

amount for the previous fiscal year for

each eligible State and eligible county to

reflect 50 percent of the changes in the

consumer price index for rural areas (as

published in the Bureau of Labor Statistics) that occur after publication of that

index for fiscal year 2000.

Sec. 102 Payments to States From

National Forest System Lands for Use

By Counties to Benefit Public Education

and Transportation.

(a) Payment Amounts.—The Secretary

of the Treasury shall pay an eligible State

the sum of the amounts elected under

subsection (b) by each eligible county for

either—

(1) the 25-percent payment under the

Act of May 23, 1908(16 U.S.C. 500),

and section 13 of the Act of March 1,

1911 (16 U.S.C. 500); or

(2) the full payment amount in place of

the 25-percent payment.
520 Forest Service Partnerships

(b) Election to Receive Payment

Amount.—

(1) Election; Submission of Results.—

The election to receive either the full

payment amount or the 25-percent

payment shall be made at the discretion

of each affected county and transmitted

to the Secretary by the Governor of a

State.

(2) Duration of Election.—A county

election to receive the 25-percent

payment shall be effective for two

fiscal years. When a county elects to

receive the full payment amount, such

election shall be effective for all the

subsequent fiscal years through fiscal

year 2006.

(3) Source of Payment Amounts.—The

payment to an eligible State under this

section for a fiscal year shall be derived

from any revenues, fees, penalties, or

miscellaneous receipts, exclusive of

deposits to any relevant trust fund, or

special accounts, received by the

Federal Government from activities by

the Forest Service on the Federal lands

described in section 3(1)(A) and to the

extent of any shortfall, out of any funds

in the Treasury not otherwise appropriated.

(c) Distribution and Expenditure of

Payments.—

(1) Distribution Method.—A State that

receives a payment under subsection

(a) shall distribute the payment among

all eligible counties in the State in

accordance with the Act of May 23,

1908 (16 U.S.C. 500), and section 13 of

the Act of March 1, 1911 (36 Stat. 963;

16 U.S.C. 500).

(2) Expenditure Purposes.—Subject to

subsection (d), payments received by a

State under subsection (a) and distributed to eligible counties shall be expended as required by the laws referred

to in paragraph (1).

(d) Expenditure Rules For Eligible

Counties.—

(1) Allocations.—

(A) Use of Portion In Same Manner

As 25-Percent Payments.—If an

eligible county elects to receive its

share of the full payment amount, not

less than 80 percent, but not more

than 85 percent, of the funds shall be

expended in the same manner in

which the 25-percent payments are

required to be expended.

(B) Election As to Use of Balance.—

An eligible county shall elect to do one

or more of the following with the

balance of the funds not expended

pursuant to subparagraph (A):

(i) Reserve the balance for projects

in accordance with title II.

(ii) Reserve the balance for projects

in accordance with title III.

(iii) Return the balance to the

General Treasury in accordance with

section 402(b).

(2) Distribution of Funds.—

(A) Treatment of Title II Funds.—

Funds reserved by an eligible county

under paragraph (1)(B)(i) shall be

deposited in a special account in the
Forest Service Partnerships 521

Treasury of the United States and

shall be available for expenditure by

the Secretary of Agriculture, without

further appropriation, and shall remain

available until expended in accordance

with title II.

(B) Treatment of Title III Funds.—

Funds reserved by an eligible county

under paragraph (1)(B)(ii) shall be

available for expenditure by the

county and shall remain available, until

expended, in accordance with title III.

(3) Election.—

(A) In General.—An eligible county

shall notify the Secretary of Agriculture of its election under this subsection not later than September 30 of

each fiscal year. If the eligible county

fails to make an election by that date,

the county is deemed to have elected

to expend 85 percent of the funds to

be received under this section in the

same manner in which the 25-percent

payments are required to be expended, and shall remit the balance to

the Treasury of the United States in

accordance with section 402(b).

(B) Counties With Minor Distributions.—Notwithstanding any adjustment made pursuant to section 101(b)

in the case of each eligible county to

which less than $100,000 is distributed

for any fiscal year pursuant to subsection (c)(1), the eligible county may

elect to expend all such funds in

accordance with subsection (c)(2).

(e) Time For Payment.—The payment to

an eligible State under this section for a

fiscal year shall be made as soon as

practicable after the end of that fiscal

year.

Sec. 103. Payments to Counties From

Bureau of Land Management Lands For

Use to Benefit Public Safety, Law

Enforcement, Education, and Other

Public Purposes.

(a) Payment.—The Secretary of the

Treasury shall pay an eligible county

either—

(1) the 50-percent payment under the

Act of August 28,1937 (43 U.S.C.

1181f ), or the Act of May 24, 1939 (43

U.S.C. 1181f–1) as appropriate; or

(2) the full payment amount in place of

the 50-percent payment.

(b) Election to Receive Full Payment

Amount.—

(1) Election; Duration.—The election to

receive the full payment amount shall

be made at the discretion of the county.

Once the election is made, it shall be

effective for the fiscal year in which

the election is made and all subsequent

fiscal years through fiscal year 2006.

(2) Source of Payment Amounts.—The

payment to an eligible county under this

section for a fiscal year shall be derived

from any revenues, fees, penalties, or

miscellaneous receipts, exclusive of

deposits to any relevant trust fund, or

permanent operating funds, received by

the Federal Government from activities

by the Bureau of Land Management on

the Federal lands described in section

3(1)(B) and to the extent of any shortfall, out of any funds in the Treasury not

otherwise appropriated.
522 Forest Service Partnerships

(c) Expenditure Rules For Eligible

Counties.—

(1) Allocations.—

(A) Use of Portion In Same Manner

As 50-Percent Payments.—Of the

funds to be paid to an eligible county

pursuant to subsection (a)(2), not less

than 80 percent, but not more than 85

percent, of the funds distributed to the

eligible county shall be expended in

the same manner in which the 50-

percent payments are required to be

expended.

(B) Election As to Use of Balance.—

An eligible county shall elect to do one

or more of the following with the

balance of the funds not expended

pursuant to subparagraph (A):

(i) Reserve the balance for projects

in accordance with title II.

(ii) Reserve the balance for projects

in accordance with title III.

(iii) Return the balance to the

General Treasury in accordance with

section 402(b).

(2) Distribution of Funds.—

(A) Treatment of Title II Funds.—

Funds reserved by an eligible county

under paragraph (1)(B)(i) shall be

deposited in a special account in the

Treasury of the United States and

shall be available for expenditure by

the Secretary of the Interior, without

further appropriation, and shall remain

available until expended in accordance

with title II.

(B) Treatment of Title III Funds.—

Funds reserved by an eligible county

under paragraph (1)(B)(ii) shall be

available for expenditure by the

county and shall remain available, until

expended, in accordance with title III.

(3) Election.—An eligible county shall

notify the Secretary of the Interior of its

election under this subsection not later

than September 30 of each fiscal year.

If the eligible county fails to make an

election by that date, the county is

deemed to have elected to expend 85

percent of the funds received under

subsection (a)(2) in the same manner in

which the 50-percent payments are

required to be expended and shall remit

the balance to the Treasury of the

United States in accordance with

section 402(b).

(d) Time For Payment.—The payment to

an eligible county under this section for a

fiscal year shall be made as soon as

practicable after the end of that fiscal

year.

Title II—Special Projects on Federal

Lands

Sec. 201 Definitions.

In this title:

(1) Participating County.—The term

“participating county” means an eligible

county that elects under section

102(d)(1)(B)(i) or 103(c)(1)(B)(i) to

expend a portion of the Federal funds

received under section 102 or 103 in

accordance with this title.
Forest Service Partnerships 523

(2) Project Funds.—The term “project

funds” means all funds an eligible

county elects under sections

102(d)(1)(B)(i) and 103(c)(1)(B)(i) to

reserve for expenditure in accordance

with this title.

(3) Resource Advisory Committee.—

The term “resource advisory committee” means an advisory committee

established by the Secretary concerned

under section 205, or determined by the

Secretary concerned to meet the

requirements of section 205.

(4) Resource Management Plan.—The

term “resource management plan”

means a land use plan prepared by the

Bureau of Land Management for units

of the Federal lands described in

section 3(1)(B) pursuant to section 202

of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712)

or a land and resource management

plan prepared by the Forest Service for

units of the National Forest System

pursuant to section 6 of the Forest and

Rangeland Renewable Resources

Planning Act of 1974 (16 U.S.C. 1604).

(5) Secretary Concerned.—The term

“Secretary concerned” means—

(A) the Secretary of Agriculture or

the designee of the Secretary of

Agriculture with respect to the

Federal lands described in section

3(1)(A); and

(B) the Secretary of the Interior or

the designee of the Secretary of the

Interior with respect to the Federal

lands described in section 3(1)(B).

Sec. 202 General Limitation on Use of

Project Funds.

Project funds shall be expended solely on

projects that meet the requirements of

this title. Project funds may be used by

the Secretary concerned for the purpose

of entering into and implementing cooperative agreements with willing Federal

agencies, State and local governments,

private and nonprofit entities, and landowners for protection, restoration and

enhancement of fish and wildlife habitat,

and other resource objectives consistent

with the purposes of this title on Federal

land and on non-Federal land where

projects would benefit these resources on

Federal land.

Sec. 203 Submission of Project Proposals.

(A) Submission of Project Proposals to

Secretary Concerned.—

(1) Projects Funded Using Project

Funds.—Not later than September 30

for fiscal year 2001, and each September 30 thereafter for each succeeding

fiscal year through fiscal year 2006,

each resource advisory committee shall

submit to the Secretary concerned a

description of any projects that the

resource advisory committee proposes

the Secretary undertake using any

project funds reserved by eligible

counties in the area in which the

resource advisory committee has

geographic jurisdiction.

(2) Projects Funded Using Other

Funds.—A resource advisory committee may submit to the Secretary concerned a description of any projects
524 Forest Service Partnerships

that the committee proposes the Secretary undertake using funds from State

or local governments, or from the

private sector, other than project funds

and funds appropriated and otherwise

available to do similar work.

(3) Joint Projects.—Participating

counties or other persons may propose

to pool project funds or other funds,

described in paragraph (2), and jointly

propose a project or group of projects

to a resource advisory committee

established under section 205.

(b) Required Description of Projects.—In

submitting proposed projects to the

Secretary concerned under subsection

(a), a resource advisory committee shall

include in the description of each proposed project the following information:

(1) The purpose of the project and a

description of how the project will meet

the purposes of this Act.

(2) The anticipated duration of the

project.

(3) The anticipated cost of the project.

(4) The proposed source of funding for

the project, whether project funds or

other funds.

(5) Expected outcomes, including how

the project will meet or exceed desired

ecological conditions, maintenance

objectives, or stewardship objectives, as

well as an estimation of the amount of

any timber, forage, and other commodities and other economic activity, including jobs generated, if any, anticipated as

part of the project.

(6) A detailed monitoring plan, including

funding needs and sources, that tracks

and identifies the positive or negative

impacts of the project, implementation,

and provides for validation monitoring.

The monitoring plan shall include an

assessment of the following: Whether

or not the project met or exceeded

desired ecological conditions; created

local employment or training opportunities, including summer youth jobs

programs such as the Youth Conservation Corps where appropriate; and

whether the project improved the use

of, or added value to, any products

removed from lands consistent with the

purposes of this Act.

(7) An assessment that the project is to

be in the public interest.

(c) Authorized Projects.—Projects

proposed under subsection (a) shall be

consistent with section 2(b).

Sec. 204 Evaluation and Approval of

Projects By Secretary Concerned.

(a) Conditions For Approval of Proposed

Project.—The Secretary concerned may

make a decision to approve a project

submitted by a resource advisory committee under section 203 only if the

proposed project satisfies each of the

following conditions:

(1) The project complies with all

applicable Federal laws and regulations.

(2) The project is consistent with the

applicable resource management plan

and with any watershed or subsequent

plan developed pursuant to the resource
Forest Service Partnerships 525

management plan and approved by the

Secretary concerned.

(3) The project has been approved by

the resource advisory committee in

accordance with section 205, including

the procedures issued under subsection

(e) of such section.

(4) A project description has been

submitted by the resource advisory

committee to the Secretary concerned

in accordance with section 203.

(5) The project will improve the maintenance of existing infrastructure, implement stewardship objectives that

enhance forest ecosystems, and restore

and improve land health and water

quality.

(b) Environmental Reviews.—

(1) Payment of Review Costs.—

(A) Request For Payment By

County.—The Secretary concerned

may request the resource advisory

committee submitting a proposed

project to agree to the use of project

funds to pay for any environmental

review, consultation, or compliance

with applicable environmental laws

required in connection with the

project. When such a payment is

requested and the resource advisory

committee agrees to the expenditure

of funds for this purpose, the Secretary concerned shall conduct environmental review, consultation, or other

compliance responsibilities in accordance with Federal law and regulations.

(B) Effect of Refusal to Pay.—If a

resource advisory committee does not

agree to the expenditure of funds

under subparagraph (A), the project

shall be deemed withdrawn from

further consideration by the Secretary

concerned pursuant to this title. Such

a withdrawal shall be deemed to be a

rejection of the project for purposes of

section 207(c).

(c) Decisions of Secretary Concerned.—

(1) Rejection of Projects.—A decision

by the Secretary concerned to reject a

proposed project shall be at the

Secretary’s sole discretion. Notwithstanding any other provision of law, a

decision by the Secretary concerned to

reject a proposed project shall not be

subject to administrative appeal or

judicial review. Within 30 days after

making the rejection decision, the

Secretary concerned shall notify in

writing the resource advisory committee that submitted the proposed project

of the rejection and the reasons for

rejection.

(2) Notice of Project Approval.—The

Secretary concerned shall publish in the

Federal Register notice of each project

approved under subsection (a) if such

notice would be required had the

project originated with the Secretary.

(d) Source and Conduct of Project.—

Once the Secretary concerned accepts a

project for review under section 203, it

shall be deemed a Federal action for all

purposes.

(e) Implementation of Approved

Projects.—
526 Forest Service Partnerships

(1) Cooperation.—Notwithstanding

chapter 63 of title 31, United States

Code, using project funds the Secretary

concerned may enter into contracts,

grants, and cooperative agreements

with States and local governments,

private and nonprofit entities, and

landowners and other persons to assist

the Secretary in carrying out an approved project.

(2) Best Value Contracting.—For any

project involving a contract authorized

by paragraph (1) the Secretary concerned may elect a source for performance of the contract on a best value

basis. The Secretary concerned shall

determine best value based on such

factors as:

(A) The technical demands and

complexity of the work to be done.

(B) The ecological objectives of the

project and the sensitivity of the

resources being treated.

(C) The past experience by the

contractor with the type of work being

done, using the type of equipment

proposed for the project, and meeting

or exceeding desired ecological

conditions.

(D) The commitment of the contractor

to hiring highly qualified workers and

local residents.

(3) Merchantable Material Contracting

Pilot Program.—

(A) Establishment.—The Secretary

concerned shall establish a pilot

program to implement a certain

percentage of approved projects

involving the sale of merchantable

material using separate contracts

for—

(i) the harvesting or collection of

merchantable material; and

(ii) the sale of such material.

(B) Annual Percentages.—Under the

pilot program, the Secretary concerned shall ensure that, on a nationwide basis, not less than the following

percentage of all approved projects

involving the sale of merchantable

material are implemented using

separate contracts:

(i) For fiscal year 2001, 15 percent.

(ii) For fiscal year 2002, 25 percent.

(iii) For fiscal year 2003, 25 percent.

(iv) For fiscal year 2004, 50 percent.

(v) For fiscal year 2005, 50 percent.

(vi) For fiscal year 2006, 50 percent.

(C) Inclusion in Pilot Program.—The

decision whether to use separate

contracts to implement a project

involving the sale of merchantable

material shall be made by the Secretary concerned after the approval of

the project under this title.

(D) Assistance.—The Secretary

concerned may use funds from any

appropriated account available to the

Secretary for the Federal lands to

assist in the administration of projects

conducted under the pilot program.

The total amount obligated under this

subparagraph may not exceed
Forest Service Partnerships 527

$1,000,000 for any fiscal year during

which the pilot program is in effect.

(E) Review and Report.—Not later

than September 30, 2003, the Comptroller General shall submit to the

Committee on Agriculture, Nutrition,

and Forestry of the Senate, the

Committee on Energy and Natural

Resources of the Senate, the Committee on Agriculture of the House of

Representatives, and the Committee

on Resources of the House of Representatives a report assessing the pilot

program. The Secretary concerned

shall submit to such committees an

annual report describing the results of

the pilot program.

(f ) Requirements For Project Funds.—

The Secretary shall ensure that at least

50 percent of all project funds be used

for projects that are primarily dedicated—

(1) to road maintenance, decommissioning, or obliteration; or

(2) to restoration of streams and

watersheds.

Sec. 205. Resource Advisory Committees.

(A) Establishment and Purpose of

Resource Advisory Committees.—

(1) Establishment.—The Secretary

concerned shall establish and maintain

resource advisory committees to

perform the duties in subsection (b),

except as provided in paragraph (4).

(2) Purpose.—The purpose of a

resource advisory committee shall be to

improve collaborative relationships and

to provide advice and recommendations

to the land management agencies

consistent with the purposes of this Act.

(3) Access to Resource Advisory

Committees.—To ensure that each unit

of Federal land has access to a resource advisory committee, and that

there is sufficient interest in participation on a committee to ensure that

membership can be balanced in terms

of the points of view represented and

the functions to be performed, the

Secretary concerned may, establish

resource advisory committees for part

of, or one or more, units of Federal

lands.

(4) Existing Advisory Committees.—

Existing advisory committees meeting

the requirements of this section may be

deemed by the Secretary concerned, as

a resource advisory committee for the

purposes of this title. The Secretary of

the Interior may deem a resource

advisory committee meeting the requirements of subpart 1784 of part 1780

of title 43, Code of Federal Regulations,

as a resource advisory committee for

the purposes of this title.

(b) Duties.—A resource advisory committee shall—

(1) review projects proposed under this

title by participating counties and other

persons;

(2) propose projects and funding to the

Secretary concerned under section 203;

(3) provide early and continuous

coordination with appropriate land
528 Forest Service Partnerships

management agency officials in recommending projects consistent with

purposes of this Act under this title; and

(4) provide frequent opportunities for

citizens, organizations, tribes, land

management agencies, and other

interested parties to participate openly

and meaningfully, beginning at the early

stages of the project development

process under this title.

(c) Appointment By The Secretary.—

(1) Appointment and Term.—The

Secretary concerned, shall appoint the

members of resource advisory committees for a term of 3 years beginning on

the date of appointment. The Secretary

concerned may reappoint members to

subsequent 3-year terms.

(2) Basic Requirements.—The Secretary concerned shall ensure that each

resource advisory committee established meets the requirements of

subsection (d).

(3) Initial Appointment.—The Secretary

concerned shall make initial appointments to the resource advisory committees not later than 180 days after the

date of the enactment of this Act.

(4) Vacancies.—The Secretary concerned shall make appointments to fill

vacancies on any resource advisory

committee as soon as practicable after

the vacancy has occurred.

(5) Compensation.—Members of the

resource advisory committees shall not

receive any compensation.

(d) Composition of Advisory Committee.—

(1) Number.—Each resource advisory

committee shall be comprised of 15

members.

(2) Community Interests Represented.—Committee members shall be

representative of the interests of the

following three categories:

(A) five persons who—

(i) represent organized labor;

(ii) represent developed outdoor

recreation, off highway vehicle

users, or commercial recreation

activities;

(iii) represent energy and mineral

development interests;

(iv) represent the commercial timber

industry; or

(v) hold Federal grazing permits, or

other land use permits within the

area for which the committee is

organized.

(B) five persons representing—

(i) nationally recognized environmental organizations;

(ii) regionally or locally recognized

environmental organizations;

(iii) dispersed recreational activities;

(iv) archaeological and historical

interests; or

(v) nationally or regionally recognized wild horse and burro interest

groups.
Forest Service Partnerships 529

(C) five persons who—

(i) hold State elected office or their

designee;

(ii) hold county or local elected

office;

(iii) represent American Indian tribes

within or adjacent to the area for

which the committee is organized;

(iv) are school officials or teachers;

or

(v) represent the affected public at

large.

(3) Balanced Representation.—In

appointing committee members from

the three categories in paragraph (2),

the Secretary concerned shall provide

for balanced and broad representation

from within each category.

(4) Geographic Distribution.—The

members of a resource advisory

committee shall reside within the State

in which the committee has jurisdiction

and, to extent practicable, the Secretary

concerned shall ensure local representation in each category in paragraph

(2).

(5) Chairperson.—A majority on each

resource advisory committee shall

select the chairperson of the committee.

(e) Approval Procedures.—(1) Subject to

paragraph (2), each resource advisory

committee shall establish procedures for

proposing projects to the Secretary

concerned under this title. A quorum must

be present to constitute an official

meeting of the committee.

(2) A project may be proposed by a

resource advisory committee to the

Secretary concerned under section

203(a), if it has been approved by a

majority of members of the committee

from each of the three categories in

subsection (d)(2).

(f ) Other Committee Authorities and

Requirements.—

(1) Staff Assistance.—A resource

advisory committee may submit to the

Secretary concerned a request for

periodic staff assistance from Federal

employees under the jurisdiction of the

Secretary.

(2) Meetings.—All meetings of a

resource advisory committee shall be

announced at least one week in advance in a local newspaper of record

and shall be open to the public.

(3) Records.—A resource advisory

committee shall maintain records of the

meetings of the committee and make

the records available for public inspection.

Sec. 206. Use of Project Funds.

(A) Agreement Regarding Schedule and

Cost of Project.—

(1) Agreement Between Parties.—The

Secretary concerned may carry out a

project submitted by a resource advisory committee under section 203(a)

using project funds or other funds

described in section 203(a)(2), if, as

soon as practicable after the issuance

of a decision document for the project

and the exhaustion of all administrative

appeals and judicial review of the
530 Forest Service Partnerships

project decision, the Secretary concerned and the resource advisory

committee enter into an agreement

addressing, at a minimum, the following:

(A) The schedule for completing the

project.

(B) The total cost of the project,

including the level of agency overhead

to be assessed against the project.

(C) For a multiyear project, the

estimated cost of the project for each

of the fiscal years in which it will be

carried out.

(D) The remedies for failure of the

Secretary concerned to comply with

the terms of the agreement consistent

with current Federal law.

(2) Limited Use of Federal Funds.—

The Secretary concerned may decide,

at the Secretary’s sole discretion, to

cover the costs of a portion of an

approved project using Federal funds

appropriated or otherwise available to

the Secretary for the same purposes as

the project.

(b) Transfer of Project Funds.—

(1) Initial Transfer Required.—As soon

as practicable after the agreement is

reached under subsection (a) with

regard to a project to be funded in

whole or in part using project funds, or

other funds described in section

203(a)(2), the Secretary concerned

shall transfer to the applicable unit of

National Forest System lands or BLM

District an amount of project funds

equal to—

(A) in the case of a project to be

completed in a single fiscal year, the

total amount specified in the agreement to be paid using project funds, or

other funds described in section

203(a)(2); or

(B) in the case of a multiyear project,

the amount specified in the agreement

to be paid using project funds, or other

funds described in section 203(a)(2)

for the first fiscal year.

(2) Condition on Project Commencement.—The unit of National Forest

System lands or BLM District concerned, shall not commence a project

until the project funds, or other funds

described in section 203(a)(2) required

to be transferred under paragraph (1)

for the project, have been made available by the Secretary concerned.

(3) Subsequent Transfers For Multiyear

Projects.—

For the second and subsequent fiscal

years of a multiyear project to be

funded in whole or in part using project

funds, the unit of National Forest

System lands or BLM District concerned shall use the amount of project

funds required to continue the project in

that fiscal year according to the agreement entered into under subsection (a).

The Secretary concerned shall suspend

work on the project if the project funds

required by the agreement in the

second and subsequent fiscal years are

not available.

Sec. 207 Availability of Project Funds.

(A) Submission of Proposed Projects to

Obligate Funds.—
Forest Service Partnerships 531

By September 30 of each fiscal year

through fiscal year 2006, a resource

advisory committee shall submit to the

Secretary concerned pursuant to section

203(a)(1) a sufficient number of project

proposals that, if approved, would result

in the obligation of at least the full amount

of the project funds reserved by the

participating county in the preceding

fiscal year.

(b) Use Or Transfer of Unobligated

Funds.—Subject to section 208, if a

resource advisory committee fails to

comply with subsection (a) for a fiscal

year, any project funds reserved by the

participating county in the preceding

fiscal year and remaining unobligated

shall be available for use as part of the

project submissions in the next fiscal

year.

(c) Effect of Rejection of Projects.—

Subject to section 208, any project funds

reserved by a participating county in the

preceding fiscal year that are unobligated

at the end of a fiscal year because the

Secretary concerned has rejected one or

more pro- posed projects shall be available for use as part of the project submissions in the next fiscal year.

(d) Effect of Court Orders.—If an

approved project under this Act is enjoined or prohibited by a Federal court,

the Secretary concerned shall return the

unobligated project funds related to that

project to the participating county or

counties that reserved the funds. The

returned funds shall be available for the

county to expend in the same manner as

the funds reserved by the county under

section 102(d)(1)(B)(i) or 103(c)(1)(B)(i),

whichever applies to the funds involved.

Sec. 208 Termination of Authority.

The authority to initiate projects under

this title shall terminate on September 30,

2006. Any project funds not obligated by

September 30, 2007, shall be deposited in

the Treasury of the United States.

Title III—County Projects

Sec. 301 Definitions.

In this title:

(1) Participating County.—The term

“participating county” means an eligible

county that elects under section

102(d)(1)(B)(ii) or 103(c)(1)(B)(ii) to

expend a portion of the Federal funds

received under section 102 or 103 in

accordance with this title.

(2) County Funds.—The term “county

funds” means all funds an eligible

county elects under sections

102(d)(1)(B)(ii) and 103(c)(1)(B)(ii) to

reserve for expenditure in accordance

with this title.

Sec. 302 Use of County Funds.

(a) Limitation on County Fund Use.—

County funds shall be expended solely on

projects that meet the requirements of

this title. A project under this title shall be

approved by the participating county only

following a 45-day public comment

period, at the beginning of which the

county shall—

(1) publish a description of the proposed

project in the publications of local

record; and
532 Forest Service Partnerships

(2) send the proposed project to the

appropriate resource advisory committee established under section 205, if one

exists for the county.

(b) Authorized Uses.—

(1) Search, Rescue, and Emergency

Services.—An eligible county or

applicable sheriff’s department may use

these funds as reimbursement for

search and rescue and other emergency

services, including fire fighting, performed on Federal lands and paid for by

the county.

(2) Community Service Work

Camps.—An eligible county may use

these funds as reimbursement for all or

part of the costs incurred by the county

to pay the salaries and benefits of

county employees who supervise adults

or juveniles performing mandatory

community service on Federal lands.

(3) Easement Purchases.—An eligible

county may use these funds to acquire—

(A) easements, on a willing seller

basis, to provide for nonmotorized

access to public lands for hunting,

fishing, and other recreational purposes;

(B) conservation easements; or

(C) both.

(4) Forest Related Educational Opportunities.—A county may use these

funds to establish and conduct forestrelated after school programs.

(5) Fire Prevention and County Planning.—A county may use these funds

for—

(A) efforts to educate homeowners in

fire-sensitive ecosystems about the

consequences of wildfires and techniques in home siting, home construction, and home landscaping that can

increase the protection of people and

property from wildfires; and

(B) planning efforts to reduce or

mitigate the impact of development on

adjacent Federal lands and to increase

the protection of people and property

from wildfires.

(6) Community Forestry.—A county

may use these funds towards nonFederal cost-share requirements of

section 9 of the Cooperative Forestry

Assistance Act of 1978 (16 U.S.C.

2105).

Sec. 303 Termination of Authority.

The authority to initiate projects under

this title shall terminate on September 30,

2006. Any county funds not obligated by

September 30, 2007 shall be available to

be expended by the county for the uses

identified in section 302(b).

Title IV—Miscellaneous Provisions

Sec. 401 Authorization of Appropriations.

There are hereby authorized to be

appropriated such sums as may be

necessary to carry out this Act for fiscal

years 2001 through 2006.

Sec. 402 Treatment of Funds and

Revenues.
Forest Service Partnerships 533

(a) Relation to Other Appropriations.—

Funds appropriated pursuant to the

authorization of appropriations in section

401 and funds made available to a

Secretary concerned under section 206

shall be in addition to any other annual

appropriations for the Forest Service and

the Bureau of Land Management.

(b) Deposit of Revenues and Other

Funds.—All revenues generated from

projects pursuant to title II, any funds

remitted by counties pursuant to section

102(d)(1)(B)(iii) or section

103(c)(1)(B)(iii), and any interest accrued from such funds shall be deposited

in the Treasury of the United States.

Sec. 403 Regulations.

The Secretaries concerned may jointly

issue regulations to

carry out the purposes of this Act.

Sec. 404 Conforming Amendments.

[Omitted]

(Endnote 1) Section 751 of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies

Appropriations Act, 2002 (Public Law

107–76; 115 Stat. 739) provides as

follows:

“(a) Temporary Use of Existing Payments to States Table. - Notwithstanding

section 101(a)(1) of the Secure Rural

Schools and Community Self-Determination Act of 2000 (Public Law 106-393; 16

U.S.C. 500 note), for the purpose of

making the fiscal year 2001 payments

under section 102 of such Act (set out in

a note below) to eligible States and

eligible counties, the full payment amount

for each eligible State and eligible county

shall be deemed to be equal to the full

payment amount calculated for that

eligible State or eligible county in the

Forest Service document entitled ‘P.L.

106-393, Secure Rural Schools and

Community Self-Determination Act’ and

dated July 31, 2001, subject to the

adjustment required by section 101(b) of

such Act.

“(b) Revision of Table. - For the purpose

of making payments under section 102 of

such Act (set out in a note below) to

eligible States and eligible counties for

fiscal years 2002 through 2006, as

required by section 101(a)(1) of such

Act, the Secretary of Agriculture shall

revise the table referred to in subsection

(a) to accurately reflect, to the maximum

extent practicable, each eligible State’s

and eligible county’s historic share of the

25-percent payments and safety net

payments made for the fiscal years of the

eligibility period.

“(c) Reporting Requirement. - Not later

than March 1, 2002, the Secretary of

Agriculture shall submit to the Committee

on Energy and Natural Resources of the

Senate and the Committee on Agriculture

of the House of Representatives a report

containing the revisions made to the table

referred to in subsection (a), as required

by subsection (b).

“(d) Additional Eligible County Election. -

Notwithstanding section 102(b)(2) of

such Act (set out in a note below), if the

revision pursuant to subsection (b) of the

table referred to in subsection (a) results

in a reduced full payment amount for an
534 Forest Service Partnerships

eligible county that elected under section

102(b) of such Act to receive the full

payment amount, the eligible county shall

have a 90-day period, beginning on the

date the revised table is first available to

the public, during which to reconsider and

change its election. The eligible county

shall notify the Secretary of Agriculture

of any change in its election before the

end of such period. If an eligible county

elects under this subsection to receive the

25-percent payment in place of the full

payment amount, the election shall be

effective for 1 year.

“(e) Treatment of Certain Mineral

Leasing Receipts. - (1) An eligible county

that elects under section 102(b) of such

Act (set out in a note below) to receive

its share of an eligible State’s full payment amount shall continue to receive its

share of any payments made to that State

from a lease for mineral resources issued

by the Secretary of the Interior under the

last paragraph under the heading ‘forest

service.’ in the Act of March 4, 1917

(Chapter 179; 16 U.S.C. 520).

“(2) (Amended section 355(b) of Title

30, Mineral Lands and Mining.)

“(f) Definitions. - In this section, the

terms ‘eligible State’, ‘eligible county’,

‘eligibility period’, ‘full payment amount’,

’25-percent payment’, and ‘safety net

payments’ have the meanings given such

terms in section 3 of such Act (set out in

a note below), and the term ‘such Act’

means the Secure Rural Schools and

Community Self-Determination Act of

2000 (Public Law 106-393; 16 U.S.C.

500 note) (see Tables for classification).”
Forest Service Research 535

McIntyre-Stennis Act

October 10, 1962 (Pub. L. 87-788, 76 Stat. 806; 16 U.S.C.

582a, 582a-1 to 582a-7)

Congressional findings

Sec. 1 It is recognized that research in

forestry is the driving force behind

progress in developing and utilizing the

resources of the Nation’s forest and

related rangelands. The production,

protection, and utilization of the forest

resources depend on strong technological

advances and continuing development of

the knowledge necessary to increase the

efficiency of forestry practices and to

extend the benefits that flow from forest

and related rangelands. It is recognized

that the total forestry research efforts of

the several State colleges and universities

and of the Federal Government are more

fully effective if there is close coordination between such programs, and it is

further recognized that forestry schools

are especially vital in the training of

research workers in forestry. It is also

recognized that the provisions of this

subchapter are essential to assist in

providing the research background that

undergirds the Forest and Rangeland

Renewable Resources Planning Act of

1974 (16 U.S.C. 1600 et seq.), the

Renewable Resources Extension Act of

1978 (16 U.S.C. 1671 et seq.), and the

Soil and Water Resources Conservation

Act of 1977 (16 U.S.C. 2001 et seq.). (16

U.S.C. 582a)

Cooperation by Secretary of

Agriculture with States; assistance:

plans, eligible institutions and

amount

Sec. 2 In order to promote research in

forestry, the Secretary of Agriculture is

authorized to cooperate with the several

States for the purpose of encouraging and

assisting them in carrying out programs of

forestry research.

Such assistance shall be in accordance

with plans to be agreed upon in advance

by the Secretary and (a) land-grant

colleges or agricultural experiment

stations established under the Morrill Act

of July 2, 1862, as amended (7 U.S.C.

301 et seq.), and the Hatch Act of March

2, 1887, as amended (7 U.S.C. 361a et

seq.), and (b) other State-supported

colleges and universities offering graduate

training in the sciences basic to forestry

and having a forestry school; however, an

appropriate State representative designated by the State’s Governor shall, in

any agreement drawn up with the Secretary of Agriculture for the purposes of

this subchapter, certify those eligible

institutions of the State which will qualify

for assistance and shall determine the

proportionate amounts of assistance to be

extended these certified institutions. If

more than one institution within a State

are certified as qualifying for assistance,

then it shall be the responsibility of such

institutions, in agreement with the Secretary, to develop complementary programs
536 Forest Service Research

of forestry research for the State. (16

U.S.C. 582a-1)

Authorization of appropriations;

other allotments and grants

Sec. 3 To enable the Secretary to carry

out the provisions of this subchapter there

are authorized to be appropriated such

sums as the Congress may from time to

time determine to be necessary but not

exceeding in any one fiscal year one-half

the amount appropriated for Federal

forestry research conducted directly by

the Department of Agriculture for the

fiscal year preceding the year in which

the budget is presented for such appropriation. Funds appropriated and made

available to the States under this subchapter shall be in addition to allotments or

grants that may be made under other

authorizations. (16 U.S.C. 582a-2)

Matching funds; reapportionment to

other qualifying institutions;

reductions

Sec. 4 The amount paid by the Federal

Government to any State-certified

institutions eligible for assistance under

this subchapter shall not exceed during

any fiscal year the amount available to

and budgeted for expenditure by such

college or university during the same

fiscal year for forestry research from

non-Federal sources, except that for the

fiscal years ending June 30, 1971, and

June 30, 1972, the matching funds requirement hereof shall not be applicable

to the Virgin Islands and Guam, and sums

authorized for such years for the Virgin

Islands and Guam may be used to pay the

total cost of programs for forestry

research. The Secretary is authorized to

make such expenditures on the certificate

of the appropriate official of the college

or university having charge of the forestry

research for which the expenditures as

herein provided are to be made. If any or

all of the colleges or universities certified

for receipt of funds under this subchapter

fails to make available and budget for

expenditure for forestry research in any

fiscal year sums at least as much as the

amount for which it would be eligible for

such year under this subchapter, the

difference between the Federal funds

available and the funds made available

and budgeted for expenditure by the

college or university shall be reapportioned by the Secretary to other eligible

colleges or universities of the same State

if there be any which qualify therefor and,

it there be none, the Secretary shall

reapportion such differences to the

qualifying colleges and universities of

other States participating in the forestry

research program. If in any year the

amount made available by a State from its

own funds (including any revenue-sharing

funds) to a State-certified institution

eligible for assistance under this subchapter is reduced because of an increase in

the allotment made available under this

subchapter, the allotment of such Statecertified institution from the next succeeding appropriation shall be reduced in

an equivalent amount. The Secretary shall

reapportion the amount of such reduction

to other eligible colleges and universities

of the same State if there be any that

qualify therefor and, if there be none, the

Secretary shall reapportion such amount
Forest Service Research 537

to the qualifying colleges and universities

of other States participating in the forestry research program. (16 U.S.C. 582a3)

Regulations; advice and assistance;

appointment, membership, etc., of

council

Sec. 5 (a) Regulations and assistance

The Secretary shall prescribe such

regulations as may be necessary to carry

out this subchapter and to furnish such

advice and assistance through a cooperative State forestry research unit in the

Department as will best promote the

purposes of this subchapter.

(b) Advisory council

The Secretary shall appoint a council of

not fewer than sixteen members which

shall be constituted to give representation

to Federal and State agencies concerned

with developing and utilizing the Nation’s

forest resources, the forest industries, the

forestry schools of the State-certified

eligible institutions, State agricultural

experiment stations, and volunteer public

groups concerned with forests and related

natural resources. The council shall meet

at least annually and shall submit a report

to the Secretary on regional and national

planning and coordination of forestry

research within the Federal and State

agencies, forestry schools, and the forest

industries, and shall advise the Secretary

on the apportionment of funds. The

Secretary shall seek, at least once each

year, the advice of the council to accomplish efficiently the purposes of this

subchapter. (16 U.S.C. 582a-4)

Apportionments, advice, criteria, etc.

Sec. 6 Apportionments among participating States shall be determined by the

Secretary after consultation with the

council appointed under section 582a-4 of

this title. In making such apportionments,

consideration shall be given to pertinent

factors including non-Federal expenditures for forestry research by Statecertified eligible institutions, areas of nonFederal commercial forest land, and the

volume of timber cut annually. Three per

centum of such funds as may be appropriated shall be made available to the

Secretary for administration of this

subchapter. These administrative funds

may be used for transportation of scientists who are not officers or employees of

the United States to research meetings

convened for purposes of assessing

research opportunities or research

planning. (16 U.S.C. 582a-5)

Scope of forestry research

Sec. 7 The term “forestry research” as

used in this subchapter shall include

investigations relating to: (1) Reforestation and management of land for the

production of crops of timber and other

related products of the forest; (2) management of forest and related watershed

lands to improve conditions of waterflow

and to protect resources against floods

and erosion; (3) management of forest

and related rangeland for production of

forage for domestic livestock and game

and improvement of food and habitat for

wildlife; (4) management of forest lands
538 Forest Service Research

for outdoor recreation; (5) protection of

forest land and resources against fire,

insects, diseases, or other destructive

agents; (6) utilization of wood and other

forest products; (7) development of sound

policies for the management of forest

lands and the harvesting and marketing of

forest products; and (8) such other

studies as may be necessary to obtain the

fullest and most effective use of forest

resources. (16 U.S.C. 582a-6)

‘’State” defined

Sec. 8 The term “State” as used in this

subchapter shall include Puerto Rico, the

Virgin Islands, and Guam. (16 U.S.C.

582a-7)
Forest Service Research 539

Forest and Rangeland Renewable Resources

Research Act of 1978

June 30, 1978 (Pub. L. 95-307, 92 Stat. 353; 16 U.S.C. 1600

note, 1641 to 1647, 1649)

***

Findings and purpose

Sec. 2 (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 productivityrelated 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
540 Forest Service Research

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. (16 U.S.C. 1641)

Investigations, experiments, tests,

and other activities

Sec. 3 (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;
Forest Service Research 541

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
542 Forest Service Research

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
Forest Service Research 543

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
544 Forest Service Research

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
Forest Service Research 545

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,
546 Forest Service Research

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. (16 U.S.C. 1642)

Implementation of provisions

Sec. 4 (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
Forest Service Research 547

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. (16

U.S.C. 1643)

Forestry and rangeland competitive

research grants

Sec. 5 (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,
548 Forest Service Research

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. (16 U.S.C.

1644)

General provisions

Sec. 6 (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
Forest Service Research 549

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. (16 U.S.C. 1645)

Authorization of appropriations

Sec. 7 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. (16

U.S.C. 1646)

Other Federal programs

Sec. 8 (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 McSweeneyMcNary Act shall remain in effect until

revoked or amended by their own terms
550 Forest Service Research

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. (16

U.S.C. 1647)

Forestry Student Grant Program

Sec. 10 (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. (16 U.S.C. 1649)
Forest Service Research 551

Food and Agriculture Act of 1977, the National

Agricultural Research, Extension, and Teaching

Policy Act Amendments of 1985

September 29, 1977 (Pub. L. 95-113, 91 Stat. 913; ***, 7

U.S.C. 3101 note, 3101, ***, 3103, 3125, ***, 3331 to 3333,

3336, ***)

Subtitle A – Findings purpose and

definitions

Sec. 1401 of title XIV of Pub. L. 99-198

provided that: “This title may be cited as

the ‘National Agricultural Research,

Extension, and Teaching Policy Act

Amendments of 1985’.” (7 U.S.C. 3101

note)

Purposes of agricultural research,

extension, and education

Sec. 1402 The purposes of federally

supported agricultural research, extension,

and education are to –

(1) enhance the competitiveness of the

United States agriculture and food

industry in an increasingly competitive

world environment;

(2) increase the long-term productivity

of the United States agriculture and

food industry while maintaining and

enhancing the natural resource base on

which rural America and the United

States agricultural economy depend;

(3) develop new uses and new products

for agricultural commodities, such as

alternative fuels, and develop new

crops;

(4) support agricultural research and

extension to promote economic opportunity in rural communities and to meet

the increasing demand for information

and technology transfer throughout the

United States agriculture industry;

(5) improve risk management in the

United States agriculture industry;

(6) improve the safe production and

processing of, and adding of value to,

United States food and fiber resources

using methods that maintain the balance

between yield and environmental

soundness;

(7) support higher education in agriculture to give the next generation of

Americans the knowledge, technology,

and applications necessary to enhance

the competitiveness of United States

agriculture; and

(8) maintain an adequate, nutritious, and

safe supply of food to meet human

nutritional needs and requirements. (7

U.S.C. 3101)

***

Definitions

Sec. 1404 When used in this chapter:

(1) The term “Advisory Board” means

the National Agricultural Research,
552 Forest Service Research

Extension, Education, and Economics

Advisory Board.

***

(8) Food and agricultural sciences. -

The term “food and agricultural sciences” means basic, applied, and

developmental research, extension, and

teaching activities in food and fiber,

agricultural, renewable natural resources, forestry, and physical and

social sciences, including activities

relating to the following:

(A) Animal health, production, and

well-being.

(B) Plant health and production.

(C) Animal and plant germ plasm

collection and preservation.

(D) Aquaculture.

(E) Food safety.

(F) Soil and water conservation and

improvement.

(G) Forestry, horticulture, and range

management.

(H) Nutritional sciences and promotion.

(I) Farm enhancement, including

financial management, input efficiency,

and profitability.

(J) Home economics.

(K) Rural human ecology.

(L) Youth development and agricultural education, including 4-H clubs.

(M) Expansion of domestic and

international markets for agricultural

commodities and products, including

agricultural trade barrier identification

and analysis.

(N) Information management and

technology transfer related to agriculture.

(O) Biotechnology related to agriculture.

(P) The processing, distributing,

marketing, and utilization of food and

agricultural products.

(9) The term “Hispanic-serving institution” has the meaning given the term by

section 1059c(b)(1) 1

 of title 20.

(10) The term “land-grant colleges and

universities” means those institutions

eligible to receive funds under the Act

of July 2, 1862 (12 Stat. 503-505, as

amended; 7 U.S.C. 301-305, 307 and

308), or the Act of August 30, 1890 (26

Stat. 417-419, as amended; 7 U.S.C.

321-326 and 328), including Tuskegee

University.

(11) The term “Secretary” means the

Secretary of Agriculture of the United

States.

(12) The term “State” means any one

of the fifty States, the Commonwealth

of Puerto Rico, Guam, American

Samoa, the Commonwealth of the

Northern Marianas, the Trust Territory

of the Pacific Islands, the Virgin Islands

of the United States, and the District of

Columbia.

(13) The term “State agricultural

experiment stations” means those

institutions eligible to receive funds
Forest Service Research 553

under the Act of March 2, 1887 (24

Stat. 440-442, as amended; 7 U.S.C.

361a-361i).

(14) Teaching and education. - The

terms “teaching” and “education” mean

formal classroom instruction, laboratory

instruction, and practicum experience in

the food and agricultural sciences and

matters relating thereto (such as faculty

development, student recruitment and

services, curriculum development,

instructional materials and equipment,

and innovative teaching methodologies)

conducted by colleges and universities

offering baccalaureate or higher degrees.

(15) The term “cooperating forestry

schools” means those institutions eligible

to receive funds under the Act of

October 10, 1962 (16 U.S.C. 582a et

seq.), commonly known as the

McIntire-Stennis Act of 1962.

(16) The term “State cooperative

institutions” or “State cooperative

agents” means institutions or agents

designated by –

(A) the Act of July 2, 1862 (7 U.S.C.

301 et seq.), commonly known as the

First Morrill Act;

(B) the Act of August 30, 1890 (7

U.S.C. 321 et seq.), commonly known

as the Second Morrill Act, including

Tuskegee University;

(C) the Act of March 2, 1887 (7

U.S.C. 361a et seq.), commonly

known as the Hatch Act of 1887;

(D) the Act of May 8, 1914 (7 U.S.C.

341 et seq.), commonly known as the

Smith-Lever Act;

(E) the Act of October 10, 1962 (16

U.S.C. 582a et seq.), commonly

known as the McIntire-Stennis Act of

1962; and

(F) subchapters V, VI, XI, and XII of

this chapter.

(17) The term “sustainable agriculture”

means an integrated system of plant and

animal production practices having a

site-specific application that will, over

the long-term –

(A) satisfy human food and fiber

needs;

(B) enhance environmental quality and

the natural resource base upon which

the agriculture economy depends;

(C) make the most efficient use of

nonrenewable resources and on-farm

resources and integrate, where

appropriate, natural biological cycles

and controls;

(D) sustain the economic viability of

farm operations; and

(E) enhance the quality of life for

farmers and society as a whole. (7

U.S.C. 3103)

***

1

 Section 1059c of title 20, referred to in

par. (9), was amended generally by

Pub. L. 105-244, title III, Sec. 303(e),

Oct. 7, 1998, 112 Stat. 1639, and, as so

amended, no longer relates to Hispanicserving institutions

Subtitle B – Coordination and

planning of agricultural research,
554 Forest Service Research

extension and teaching

Responsibilities of Secretary and

Department of Agriculture

Sec. 1405 The Department of Agriculture is designated as the lead agency of

the Federal Government for agricultural

research (except with respect to the

biomedical aspects of human nutrition

concerned with diagnosis or treatment of

disease), extension, and teaching in the

food and agricultural sciences, and the

Secretary, in carrying out the Secretary’s

responsibilities, shall –

(1) establish jointly with the Secretary

of Health and Human Services procedures for coordination with respect to

nutrition research in areas of mutual

interest;

(2) keep informed of developments in,

and the Nation’s need for, research,

extension, teaching, and manpower

development in the food and agricultural

sciences and represent such need in

deliberations within the Department of

Agriculture, elsewhere within the

executive branch of the United States

Government, and with the several

States and their designated land-grant

colleges and universities, other colleges

and universities, agricultural and related

industries, and other interested institutions and groups;

(3) coordinate all agricultural research,

extension, and teaching activity conducted or financed by the Department

of Agriculture and, to the maximum

extent practicable, by other agencies of

the executive branch of the United

States Government;

(4) take the initiative in establishing

coordination of State-Federal cooperative agricultural research, extension, and

teaching programs, funded in whole or

in part by the Department of Agriculture

in each State, through the administrative

heads of land-grant colleges and

universities and the State directors of

agricultural experiment stations and

cooperative extension services, and

other appropriate program administrators;

(5) consult the Advisory Board and

appropriate advisory committees of the

Department of Agriculture in the

formulation of basic policies, goals,

strategies, and priorities for programs of

agricultural research, extension, and

teaching;

(6) report (as a part of the Department

of Agriculture’s annual budget submissions) to the House Committee on

Agriculture, the House Committee on

Appropriations, the Senate Committee

on Agriculture, Nutrition, and Forestry,

and the Senate Committee on Appropriations actions taken or proposed to

support the recommendations of the

Advisory Board;

(7) establish appropriate review procedures to assure that agricultural research projects are timely and properly

reported and published and that there is

no unnecessary duplication of effort or

overlapping between agricultural

research units;

(8) establish Federal or cooperative

multidisciplinary research teams on
Forest Service Research 555

major agricultural research problems

with clearly defined leadership, budget

responsibility, and research programs;

(9) in order to promote the coordination

of agricultural research of the Department of Agriculture, conduct a continuing inventory of ongoing and completed

research projects being conducted

within or funded by the Department;

(10) coordinate all agricultural research,

extension, and teaching activities

conducted or financed by the Department of Agriculture with the periodic

renewable resource assessment and

program provided for in sections 1601

and 1602 of title 16 and the appraisal

and program provided for in sections

2004 and 2005 of title 16;

(11) coordinate the efforts of States,

State cooperative institutions, State

extension services, the Advisory Board,

and other appropriate institutions in

assessing the current status of, and

developing a plan for, the effective

transfer of new technologies, including

biotechnology, to the farming community, with particular emphasis on addressing the unique problems of smalland medium-sized farms in gaining

information about those technologies;

and

(12) establish appropriate controls with

respect to the development and use of

the application of biotechnology to

agriculture. (7 U.S.C. 3121)

***

Annual report of Secretary of

Agriculture to President and

Congress

Sec. 1410 The Secretary shall submit to

the President and Congress by January 1

of each year a report on the Nation’s

agricultural research, extension, and

teaching activities, and such report shall

include –

(1) a review covering the following

three categories of activities of the

Department of Agriculture with respect

to agricultural research, extension, and

teaching activities and the relationship

of these activities to similar activities of

other departments and agencies of the

Federal Government, the States, colleges and universities, and the private

sector –

(A) a current inventory of such

activities organized by statutory

authorization and budget outlay;

(B) a current inventory of such

activities organized by field of basic

and applied science; and

(C) a current inventory of such

activities organized by commodity and

product category;

(2) any recommendations of the Advisory Board; and

(3) in the second and succeeding years,

a five-year projection of national

priorities with respect to agricultural

research, extension, and teaching, taking

into account both domestic and international needs. (7 U.S.C. 3125)

***

Subtitle M – Rangeland Research
556 Forest Service Research

Congressional statement of purpose

Sec. 1478 It is the purpose of this

subchapter to promote the general

welfare through improved productivity of

the Nation’s rangelands, which comprise

60 per centum of the land area of the

United States. Most of these rangelands

are unsuited for cultivation, but produce a

great volume of forage that is inedible by

humans but readily converted, through an

energy efficient process, to high quality

food protein by grazing animals. These

native grazing lands are located throughout the United States and are important

resources for major segments of the

Nation’s livestock industry. In addition to

the many livestock producers directly

dependent on rangelands, other segments

of agriculture are indirectly dependent on

range-fed livestock and on range-produced forage that can be substituted for

grain in times of grain scarcity. Recent

resource assessments indicate that forage

production of rangeland can be increased

at least 100 per centum through development and application of improved range

management practices while simultaneously enhancing wildlife, watershed,

recreational, and aesthetic values and

reducing hazards of erosion and flooding.

(7 U.S.C. 3331)

Program; development, purposes,

scope, etc.

Sec. 1479 The Secretary may develop

and implement a cooperative rangeland

research program in coordination with the

program carried out under the Renewable

Resources Extension Act of 1978 (16

U.S.C. 1671 et seq.), to improve the

production and quality of desirable native

forages or introduced forages which are

managed in a similar manner to native

forages for livestock and wildlife. The

program shall include studies of:

(1) management of rangelands and

agricultural land as integrated systems

for more efficient utilization of crops

and waste products in the production of

food and fiber;

(2) methods of managing rangeland

watersheds to maximize efficient use of

water and improve water yield, water

quality, and water conservation, to

protect against onsite and offsite

damage of rangeland resources from

floods, erosion, and other detrimental

influences, and to remedy unsatisfactory

and unstable rangeland conditions;

(3) revegetation and rehabilitation of

rangelands including the control of

undesirable species of plants; and

(4) such other matters as the Secretary

considers appropriate. (7 U.S.C. 3332)

Grants; eligible institutions; amounts

Sec. 1480 The Secretary may make

grants to land-grant colleges and universities, State agricultural experiment stations,

and to colleges, universities, and Federal

laboratories having a demonstrable

capacity in rangeland research, as

determined by the Secretary, to carry out

rangeland research. Except in the case of

Federal laboratories, this grant program

shall be based on a matching formula of

50 per centum Federal and 50 per centum

non-Federal funding. (7 U.S.C. 3333)
Forest Service Research 557

Authorization of appropriations;

allocation of funds

Sec. 1483 (a) There are authorized to be

appropriated, to implement the provisions

of this subchapter, such sums not to

exceed $10,000,000 for each of the fiscal

years 1991 through [Amended by Pub. L.

107-171, sec. 7117, 116 Stat. 434] 2002

2007.

(b) Funds appropriated under this section

shall be allocated by the Secretary to

eligible institutions for work to be done as

mutually agreed upon between the

Secretary and the eligible institution or

institutions. (7 U.S.C. 3336)
558 Forest Service Internatioal Forestry

Foreign Operations Appropriations Act of 1990

November 5, 1990 (Pub. L. 101-513, 104 Stat. 2070; 16 U.S.C.

4501 note, 4501, 4502, 4503, 4503a to 4503d, 4504, 4505,

1641, 1643, 2101, 2109)

***

Forestry and related natural

resource assistance

Sec. 602 (a) Focus of activities

To achieve the maximum impact from

activities undertaken under the authority

of this chapter, the Secretary shall focus

such activities on the key countries which

could have a substantial impact on

emissions of greenhouse gases related to

global warming.

(b) Authority for international forestry

activities

In support of forestry and related natural

resource activities outside of the United

States and its territories and possessions,

the Secretary of Agriculture may –

(1) provide assistance that promotes

sustainable development and global

environmental stability, including assistance for -

(A) conservation and sustainable

management of forest land;

(B) forest plantation technology and

tree improvement;

(C) rehabilitation of cutover lands,

eroded watersheds, and areas damaged by wildfires or other natural

disasters;

(D) prevention and control of insects,

diseases, and other damaging agents;

(E) preparedness planning, training,

and operational assistance to combat

natural disasters;

(F) more complete utilization of forest

products leading to resource conservation;

(G) range protection and enhancement; and

(H) wildlife and fisheries habitat

protection and improvement;

(2) share technical, managerial, extension, and administrative skills related to

public and private natural resource

administration;

(3) provide education and training

opportunities to promote the transfer

and utilization of scientific information

and technologies;

(4) engage in scientific exchange and

cooperative research with foreign

governmental, educational, technical and

research institutions; and

(5) cooperate with domestic and

international organizations that further

international programs for the management and protection of forests, rangelands, wildlife and fisheries, and related

natural resource activities.
Forest Service International Forestry 559

(c) Eligible countries

The Secretary shall undertake the activities described in subsection (b) of this

section, in countries that receive assistance from the Agency for International

Development only at the request, or with

the concurrence, of the Administrator of

the Agency for International Development. (16 U.S.C. 4501)

Tropical deforestation assessment

and assistance

Sec. 603 In support of the Tropical

Forestry Action Plan and to specifically

address tropical deforestation and degradation, the Secretary may –

(1) support and actively participate in

global and regional meetings that seek

to reform such Plan;

(2) together with the United States

Agency for International Development,

1

 and other Federal agencies, provide

technical assistance to tropical countries

for the formulation of national forestry

sector development strategies; and

(3) cooperate with tropical countries on

research, training, and technical programs aimed at implementing national

forestry sector development strategies.

(16 U.S.C. 4502)

1

 So in original. The comma probably

should not appear.

Institute of Tropical Forestry in

Puerto Rico

Sec. 604 (a) Expansion

The Secretary shall expand the capabilities of and construct additional facilities at

the Caribbean National Forest and

Institute of Tropical Forestry in Puerto

Rico, as the Secretary determines necessary to support the purpose of this

chapter, and as funds are appropriated for

such expansion and construction.

(b) Tropical forestry plans

Not later than 1 year after November 5,

1990, the Secretary shall prepare and

submit to the Committee on Agriculture,

Nutrition, and Forestry of the Senate, the

Committee on Agriculture of the House

of Representatives, and to the Committees on Appropriations of the Senate and

House of Representatives, a tropical

forestry plan for the expansion and

construction of additional facilities under

subsection (a) of this section. Such plan

shall include provisions for –

(1) the construction or acquisition of a

major center for education, interpretation, and appreciation of the benefits

and methods of the intelligent management of tropical forests;

(2) the acquisition or construction of

facilities for housing and classroom

instruction near the Caribbean National

Forest/Luguillo Experimental Forest;

and

(3) the acquisition or construction of

facilities for the study and recovery of

endangered tropical wildlife, fish and

plant species. (16 U.S.C. 4503)

Institute of Pacific Islands Forestry

Sec. 605 (a) Expansion

The Secretary shall expand the capabilities of and construct additional facilities,
560 Forest Service Internatioal Forestry

as funds are appropriated for the expansion and construction, at –

(1) the Institute of Pacific Islands

Forestry; and

(2) tropical forests in the State of

Hawaii.

(b) Tropical forestry plan

(1) In general

Not later than 1 year after the date of

receipt by the Secretary of the action

plan required by section 5(b) 2

 of the

Hawaii Tropical Forest Recovery Act,

the Secretary shall prepare and submit

to the Committee on Agriculture and the

Committee on Natural Resources of the

House of Representatives, the Committee on Agriculture, Nutrition, and

Forestry of the Senate, and to the

Committees on Appropriations of the

House of Representatives and Senate, a

tropical forestry plan to expand the

capabilities of and construct additional

facilities under subsection (a) of this

section.

(2) Elements

The plan shall provide for -

(A) the establishment of a model

center for research, demonstration,

education, training, and outreach

activities suitable for transferring

scientific, technical, managerial, and

administrative assistance to governmental and non-governmental organizations seeking to address problems

associated with tropical forests within

and outside the United States;

(B) the acquisition or construction of

facilities for research, classroom

instruction, and housing near an

experimental tropical forest in the

State of Hawaii;

(C) the acquisition or construction of

facilities for the study and recovery of

endangered tropical wildlife, fish, and

plant species and the restoration of

their habitats;

(D) the study of biological control of

non-native species that degrade or

destroy native forest ecosystems;

(E) achieving a better understanding

of global climate change and the

significance of achieving a reduction

of greenhouse gases through research

associated with the unique atmospheric conditions found in Hawaii and

the Pacific Ocean;

(F) a review of the extent to which

existing Federal forestry programs can

be utilized to achieve the purposes of

the plan; and

(G) the establishment of experimental

tropical forests in the State of Hawaii

as authorized by section 4503b of this

title.

(3) Capability

In preparing elements of the plan that

address paragraph (2)(F), the Secretary

shall identify the capability of the plan -

(A) to promote a greater understanding of tropical forest ecosystem

processes, conservation biology, and

biodiversity management;

(B) to demonstrate the various benefits of maintaining a tropical forest
Forest Service International Forestry 561

reserve system;

(C) to promote sound watershed and

forest management;

(D) to develop compatible land uses

adjacent to protected natural areas;

and

(E) to develop new methods of

reclaiming and restoring degraded

lands. (16 U.S.C. 4503a)

2

 Section 5(b) of the Hawaii Tropical

Forest Recovery Act, referred to in

subsec. (b)(1), probably means section

4(b) of that Act, Pub. L. 102-574, which

contains provisions regarding an action

plan, and which is set out as a note

below. Section 5 of that Act, which is

set out as a note under section 4502a of

this title, does not contain a subsec. (b).

Hawaii Experimental Tropical Forest

Sec. 606 (a) Definitions

As used in this section:

(1) Forest

The term “Forest” means the Hawaii

Experimental Tropical Forest.

(2) Governor

The term “Governor” means the

Governor of Hawaii.

(3) Lands

The term “lands” means lands, waters,

and interests in lands and waters.

(4) State

The term “State” means the State of

Hawaii.

(b) Establishment and management

At the request of the Governor, the

Secretary shall establish and administer

within the State a Hawaii Experimental

Tropical Forest. The Forest shall be

managed as -

(1) a model of quality tropical forest

management where harvesting on a

sustainable yield basis can be demonstrated in balance with natural resource

conservation;

(2) a site for research on tropical

forestry, conservation biology, and

natural resource management; and

(3) a center for demonstration, education, training, and outreach on tropical

forestry, conservation biology, and

natural resources research and management.

(c) Delineation of location of Forest

(1) Identification of lands

The Governor and the Secretary shall

identify one or more suitable sites for

the Forest in lands within the State. The

identification of each site shall be based

on scientific, ecological, administrative,

and such other factors as the Governor

and Secretary consider to be necessary

or desirable to achieve the purposes of

this section. Each site identified pursuant to the preceding sentence shall be of

sufficient size and located so that the

site can be effectively managed for

Forest purposes.

(2) Exterior boundaries

The exterior boundaries of the Forest,

including the boundaries of all sites

identified for Forest purposes, shall be
562 Forest Service Internatioal Forestry

delineated on an official map. The map

shall be available for public inspection in

the office of the Administrator of the

Division of Forestry and Wildlife of the

Department of Land and Natural

Resources of the State. The Governor

and the Secretary may from time to

time, by mutual agreement, amend the

official map to modify the boundaries of

the Forest.

(d) Authorities of Secretary

(1) In general

To carry out the purposes of this

section, the Secretary is authorized –

(A) to administer the Forest in cooperation with the Governor and affected State agencies;

(B) to make grants and enter into

contracts and cooperative agreements

with the Federal Government, the

government of the State, local governments, corporations, nonprofit organizations and individuals;

(C) to exercise existing authority with

respect to cooperative forestry and

research for Forest purposes; and

(D) to issue necessary rules and

regulations or apply existing rules and

regulations applicable to areas administered by the Forest Service that are

necessary or desirable to administer

the Forest -

(i) for the purposes described in

subsection (b) of this section;

(ii) to protect persons within the

Forest; and

(iii) to preserve and protect the

resources in the Forest.

(2) Land acquisition

The authority in section 1643 of this title

shall be available to the Secretary to

carry out this section.

(3) Statutory construction

Nothing in this section is intended to

affect the jurisdiction of the State, both

civil and criminal, over any person

within the Forest by reason of the

establishment of the Forest under this

section, except in the case of a penalty

for an offense against the United

States. (16 U.S.C. 4503b)

Sec. 608 As used in this chapter (unless

the context otherwise requires):

(1) Institutes of Tropical Forestry

The term “Institutes of Tropical Forestry” means the Institute of Tropical

Forestry in Puerto Rico and the Institute

of Pacific Islands Forestry established

under section 6706 of title 7.

(2) Secretary

The term “Secretary” means the

Secretary of Agriculture.

(3) State

The term “State” means each of the 50

States, Guam, American Samoa, the

Republic of Palau (until the Compact of

Free Association enters into effect),

Puerto Rico, the Virgin Islands, and the

Commonwealth of the Northern

Mariana Islands. (16 U.S.C. 4503D)

Administrative provisions

Sec. 609 (a) Coordination of activities
Forest Service International Forestry 563

The Secretary shall coordinate all activities outside of the United States under

this chapter with other Federal officials,

departments, agencies, and international

organizations, as the President may

require.

(b) Assistance

The Secretary may provide assistance, as

determined appropriate by the Secretary

to carry out this chapter, including technical and financial assistance, equipment,

and facilities without reimbursement. (16

U.S.C. 4504)

Authorization of appropriations

Sec. 610 There are authorized to be

appropriated such sums as may be

necessary to carry out this chapter. (16

U.S.C. 4505)
564 Forest Service Roads

Forest Highways

The USDA Forest Service authority for forest highways is derived from multiple laws.

Included here are sections of the U. S. Code found in Title 23 that contain these

authorities.

The Surface Transportation

Extension Act of 2003

August 27, 1958 (Pub. L. 85-767, 72

Stat. 885)

Definitions and declaration of policy

(23 U.S.C. 101)

(a) Definitions. - In this title, the following

definitions apply:

(1) Apportionment. - The term “apportionment” includes unexpended apportionments made under prior authorization laws.

***

(3) Construction. - The term “construction” means the supervising, inspecting,

actual building, and incurrence of all

costs incidental to the construction or

reconstruction of a highway, including

bond costs and other costs relating to

the issuance in accordance with section

122 of bonds or other debt financing

instruments and costs incurred by the

State in performing Federal-aid project

related audits that directly benefit the

Federal-aid highway program. Such

term includes -

(A) locating, surveying, and mapping

(including the establishment of temporary and permanent geodetic markers

in accordance with specifications of

the National Oceanic and Atmospheric

Administration of the Department of

Commerce);

(B) resurfacing, restoration, and

rehabilitation;

(C) acquisition of rights-of-way;

(D) relocation assistance, acquisition

of replacement housing sites, and

acquisition and rehabilitation, relocation, and construction of replacement

housing;

(E) elimination of hazards of railway

grade crossings;

(F) elimination of roadside obstacles;

(G) improvements that directly facilitate and control traffic flow, such as

grade separation of intersections,

widening of lanes, channelization of

traffic, traffic control systems, and

passenger loading and unloading

areas; and

(H) capital improvements that directly

facilitate an effective vehicle weight

enforcement program, such as scales

(fixed and portable), scale pits, scale

installation, and scale houses.

(4) County. - The term “county”

includes corresponding units of government under any other name in States

that do not have county organizations

and, in those States in which the county
Forest Service Roads 565

government does not have jurisdiction

over highways, any local government

unit vested with jurisdiction over local

highways.

(5) Federal-aid highway. - The term

“Federal-aid highway” means a highway eligible for assistance under this

chapter other than a highway classified

as a local road or rural minor collector.

(6) Federal-aid system. - The term

“Federal-aid system” means any of the

Federal-aid highway systems described

in section 103.

(7) Federal lands highway. - The term

“Federal lands highway” means a forest

highway, public lands highway, park

road, parkway, refuge road, and Indian

reservation road that is a public road.

(8) Forest development roads and trails.

- The term “forest development roads

and trails” means forest roads and trails

under the jurisdiction of the Forest

Service.

(9) Forest highway. - The term “forest

highway” means a forest road under the

jurisdiction of, and maintained by, a

public authority and open to public

travel.

(10) Forest road or trail. - The term

“forest road or trail” means a road or

trail wholly or partly within, or adjacent

to, and serving the National Forest

System that is necessary for the protection, administration, and utilization of the

National Forest System and the use and

development of its resources.

(11) Highway. - The term “highway”

includes - (A) a road, street, and

parkway; (B) a right-of-way, bridge,

railroad-highway crossing, tunnel,

drainage structure, sign, guardrail, and

protective structure, in connection with

a highway; and (C) a portion of any

interstate or international bridge or

tunnel and the approaches thereto, the

cost of which is assumed by a State

transportation department, including

such facilities as may be required by the

United States Customs and Immigration

Services in connection with the operation of an international bridge or tunnel.

(12) Indian reservation road. - The term

“Indian reservation road” means a

public road that is located within or

provides access to an Indian reservation

or Indian trust land or restricted Indian

land that is not subject to fee title

alienation without the approval of the

Federal Government, or Indian and

Alaska Native villages, groups, or

communities in which Indians and

Alaskan Natives reside, whom the

Secretary of the Interior has determined

are eligible for services generally

available to Indians under Federal laws

specifically applicable to Indians.

(13) Interstate System. - The term

“Interstate System” means the Dwight

D. Eisenhower National System of

Interstate and Defense Highways

described in section 103(c).

(14) Maintenance. - The term “maintenance” means the preservation of the

entire highway, including surface,

shoulders, roadsides, structures, and

such traffic-control devices as are

necessary for safe and efficient utiliza-
566 Forest Service Roads

tion of the highway.

(15) Maintenance area. - The term

“maintenance area” means an area that

was designated as a nonattainment

area, but was later redesignated by the

Administrator of the Environmental

Protection Agency as an attainment

area, under section 107(d) of the Clean

Air Act (42 U.S.C. 7407(d)).

(16) National Highway System. - The

term “National Highway System”

means the Federal-aid highway system

described in section 103(b).

(17) Operating costs for traffic monitoring, management, and control. - The

term “operating costs for traffic monitoring, management, and control”

includes labor costs, administrative

costs, costs of utilities and rent, and

other costs associated with the continuous operation of traffic control, such as

integrated traffic control systems,

incident management programs, and

traffic control centers.

(18) Operational improvement. - The

term “operational improvement” - (A)

means (i) a capital improvement for

installation of traffic surveillance and

control equipment, computerized signal

systems, motorist information systems,

integrated traffic control systems,

incident management programs, and

transportation demand management

facilities, strategies, and programs, and

(ii) such other capital improvements to

public roads as the Secretary may

designate, by regulation; and

(B) does not include resurfacing,

restoring, or rehabilitating improvements, construction of additional lanes,

interchanges, and grade separations,

and construction of a new facility on a

new location.

(19) Park road. - ***

(20) Parkway. - The term “parkway”,

as used in chapter 2 of this title, means

a parkway authorized by Act of Congress on lands to which title is vested in

the United States.

(21) Project. - The term “project”

means an undertaking to construct a

particular portion of a highway, or if the

context so implies, the particular portion

of a highway so constructed or any

other undertaking eligible for assistance

under this title.

(22) Project agreement. - The term

“project agreement” means the formal

instrument to be executed by the State

transportation department and the

Secretary as required by section 106.

(23) Public authority. - The term “public

authority” means a Federal, State,

county, town, or township, Indian tribe,

municipal or other local government or

instrumentality with authority to finance,

build, operate, or maintain toll or tollfree facilities.

(24) Public lands development roads

and trails. - The term “public lands

development roads and trails” means

those roads and trails that the Secretary

of the Interior determines are of primary importance for the development,

protection, administration, and utilization

of public lands and resources under the

control of the Secretary of the Interior.
Forest Service Roads 567

(25) Public lands highway. - The term

“public lands highway” means a forest

road under the jurisdiction of and

maintained by a public authority and

open to public travel or any highway

through unappropriated or unreserved

public lands, nontaxable Indian lands, or

other Federal reservations under the

jurisdiction of and maintained by a

public authority and open to public

travel.

(26) Public lands highways. - The term

“public lands highways” means those

main highways through unappropriated

or unreserved public lands, nontaxable

Indian lands, or other Federal reservations, which are on the Federal-aid

systems.

(27) Public road. - The term “public

road” means any road or street under

the jurisdiction of and maintained by a

public authority and open to public

travel.

(28) Refuge road. - ***

(29) Rural areas. - The term “rural

areas” means all areas of a State not

included in urban areas.

(30) Safety improvement project. - The

term “safety improvement project”

means a project that corrects or improves high hazard locations, eliminates

roadside obstacles, improves highway

signing and pavement marking, installs

priority control systems for emergency

vehicles at signalized intersections,

installs or replaces emergency motorist

aid call boxes, or installs traffic control

or warning devices at locations with

high accident potential.

(31) Secretary. - The term “Secretary”

means Secretary of Transportation.

(32) State. - The term “State” means

any of the 50 States, the District of

Columbia, or Puerto Rico.

(33) State funds. - The term “State

funds” includes funds raised under the

authority of the State or any political or

other subdivision thereof, and made

available for expenditure under the

direct control of the State transportation

department.

(34) State transportation department. -

The term “State transportation department” means that department, commission, board, or official of any State

charged by its laws with the responsibility for highway construction.

(35) Transportation enhancement

activities. - The term “transportation

enhancement activities” means, with

respect to any project or the area to be

served by the project, any of the

following activities if such activity

relates to surface transportation:

provision of facilities for pedestrians and

bicycles, provision of safety and educational activities for pedestrians and

bicyclists, acquisition of scenic easements and scenic or historic sites,

scenic or historic highway programs

(including the provision of tourist and

welcome center facilities), landscaping

and other scenic beautification, historic

preservation, rehabilitation and operation

of historic transportation buildings,

structures, or facilities (including historic

railroad facilities and canals), preservation of abandoned railway corridors
568 Forest Service Roads

(including the conversion and use

thereof for pedestrian or bicycle trails),

control and removal of outdoor advertising, archaeological planning and research, environmental mitigation to

address water pollution due to highway

runoff or reduce vehicle-caused wildlife

mortality while maintaining habitat

connectivity, and establishment of

transportation museums.

(36) Urban area. - The term “urban

area” means an urbanized area or, in

the case of an urbanized area encompassing more than one State, that part

of the urbanized area in each such

State, or urban place as designated by

the Bureau of the Census having a

population of 5,000 or more and not

within any urbanized area, within

boundaries to be fixed by responsible

State and local officials in cooperation

with each other, subject to approval by

the Secretary. Such boundaries shall

encompass, at a minimum, the entire

urban place designated by the Bureau

of the Census, except in the case of

cities in the State of Maine and in the

State of New Hampshire.

(37) Urbanized area. - The term

“urbanized area” means an area with a

population of 50,000 or more designated

by the Bureau of the Census, within

boundaries to be fixed by responsible

State and local officials in cooperation

with each other, subject to approval by

the Secretary. Such boundaries shall

encompass, at a minimum, the entire

urbanized area within a State as designated by the Bureau of the Census.

(b) It is hereby declared to be in the

national interest to accelerate the construction of the Federal-aid highway

systems, including The Dwight D.

Eisenhower System of Interstate and

Defense Highways, since many of such

highways, or portions thereof, are in fact

inadequate to meet the needs of local and

interstate commerce, for the national and

civil defense. It is hereby declared that

the prompt and early completion of The

Dwight D. Eisenhower System of Interstate and Defense Highways, so named

because of its primary importance to the

national defense and hereafter referred to

as the “Interstate System”, is essential to

the national interest and is one of the

most important objectives of this Act. It is

the intent of Congress that the Interstate

System be completed as nearly as

practicable over the period of availability

of the forty years’ appropriations authorized for the purpose of expediting its

construction, reconstruction, or improvement, inclusive of necessary tunnels and

bridges, through the fiscal year ending

September 30, 1996, under section 108(b)

of the Federal-Aid Highway Act of 1956

(70 Stat. 374), and that the entire system

in all States be brought to simultaneous

completion. Insofar as possible in consonance with this objective, existing highways located on an interstate route shall

be used to the extent that such use is

practicable, suitable, and feasible, it being

the intent that local needs, to the extent

practicable, suitable, and feasible, shall be

given equal consideration with the needs

of interstate commerce. It is further

declared that since the Interstate System

is now in the final phase of completion it
Forest Service Roads 569

shall be the national policy that increased

emphasis be placed on the construction

and reconstruction of the other Federalaid systems in accordance with the first

paragraph of this subsection, in order to

bring all of the Federal-aid systems up to

standards and to increase the safety of

these systems to the maximum extent.

(c) It is the sense of Congress that under

existing law no part of any sums authorized to be appropriated for expenditure

upon any Federal-aid system which has

been apportioned pursuant to the provisions of this title shall be impounded or

withheld from obligation, for purposes and

projects as provided in this title, by any

officer or employee in the executive

branch of the Federal Government,

except such specific sums as may be

determined by the Secretary of the

Treasury, after consultation with the

Secretary of Transportation, are necessary to be withheld from obligation for

specific periods of time to assure that

sufficient amounts will be available in the

Highway Trust Fund to defray the

expenditures which will be required to be

made from such fund.

(d) No funds authorized to be appropriated from the Highway Trust Fund shall

be expended by or on behalf of any

Federal department, agency, or instrumentality other than the Federal Highway

Administration unless funds for such

expenditure are identified and included as

a line item in an appropriation Act and are

to meet obligations of the United States

heretofore or hereafter incurred under

this title attributable to the construction of

Federal-aid highways or highway planning, research, or development, or as

otherwise specifically authorized to be

appropriated from the Highway Trust

Fund by Federal-aid highway legislation.

(e) It is the national policy that to the

maximum extent possible the procedures

to be utilized by the Secretary and all

other affected heads of Federal departments, agencies, and instrumentalities for

carrying out this title and any other

provision of law relating to the Federal

highway programs shall encourage the

substantial minimization of paperwork and

interagency decision procedures and the

best use of available manpower and funds

so as to prevent needless duplication and

unnecessary delays at all levels of

government. (23 U.S.C. 101)

Aug. 27, 1958 (Pub. L. 85-767, 72

Stat. 898)

Federal share payable (23 U.S.C.

120)

(a) Interstate System Projects. –

(1) In general. - Except as otherwise

provided in this chapter, the Federal

share payable on account of any project

on the Interstate System (including a

project to add high occupancy vehicle

lanes and a project to add auxiliary

lanes but excluding a project to add any

other lanes) shall be 90 percent of the

total cost thereof, plus a percentage of

the remaining 10 percent of such cost in

any State containing unappropriated and

unreserved public lands and nontaxable

Indian lands, individual and tribal,

exceeding 5 percent of the total area of

all lands therein, equal to the percentage
570 Forest Service Roads

that the area of such lands in such State

is of its total area; except that such

Federal share payable on any project in

any State shall not exceed 95 percent of

the total cost of such project.

***

(c) Increased Federal Share for Certain

Safety Projects. - The Federal share

payable on account of any project for

traffic control signalization, safety rest

areas, pavement marking, commuter

carpooling and vanpooling, rail-highway

crossing closure, or installation of traffic

signs, traffic lights, guardrails, impact

attenuators, concrete barrier

endtreatments, breakaway utility poles, or

priority control systems for emergency

vehicles or transit vehicles at signalized

intersections may amount to 100 percent

of the cost of construction of such

projects; except that not more than 10

percent of all sums apportioned for all the

Federal-aid systems for any fiscal year in

accordance with section 104 of this title

shall be used under this subsection. In this

subsection, the term “safety rest area”

means an area where motor vehicle

operators can park their vehicles and rest,

where food, fuel, and lodging services are

not available, and that is located on a

segment of highway with respect to

which the Secretary determines there is a

shortage of public and private areas at

which motor vehicle operators can park

their vehicles and rest.

***

(e) Emergency Relief. - The Federal

share payable on account of any repair or

reconstruction provided for by funds

made available under section 125 of this

title on account of any project on a

Federal-aid highway, including the Interstate System, shall not exceed the Federal

share payable on a project on such

system 1

 as provided in subsections (a)

and (b) of this section; except that (1) the

Federal share payable for eligible emergency repairs to minimize damage,

protect facilities, or restore essential

traffic accomplished within 180 days after

the actual occurrence of the natural

disaster or catastrophic failure may

amount to 100 percent of the costs

thereof; and (2) the Federal share payable on account of any repair or reconstruction of forest highways, forest

development roads and trails, park roads

and trails, parkways, public lands highways, public lands development roads and

trails, and Indian reservation roads may

amount to 100 percent of the cost

thereof. The total cost of a project may

not exceed the cost of repair or reconstruction of a comparable facility. As used

in this section with respect to bridges and

in section 144 of this title, “a comparable

facility” shall mean a facility which meets

the current geometric and construction

standards required for the types and

volume of traffic which such facility will

carry over its design life.

***

(g) At the request of any State, the

Secretary may from time to time enter

into agreements with such State to

reimburse the State for the Federal share

of the costs of preliminary and construc-
Forest Service Roads 571

tion engineering at an agreed percentage

of actual construction costs for each

project, in lieu of the actual engineering

costs for such project. The Secretary

shall annually review each such agreement to insure that such percentage

reasonably represents the engineering

costs actually incurred by such State.

***

(k) Use of Federal Land Management

Agency Funds. - Notwithstanding any

other provision of law, the funds appropriated to any Federal land management

agency may be used to pay the nonFederal share of the cost of any Federalaid highway project the Federal share of

which is funded under section 104.

(l) Use of Federal Lands Highways

Program Funds. - Notwithstanding any

other provision of law, the funds authorized to be appropriated to carry out the

Federal lands highways program under

section 204 may be used to pay the nonFederal share of the cost of any project

that is funded under section 104 and that

provides access to or within Federal or

Indian lands. (23 U.S.C. 120)

1

 So in original. Probably should be “such

highway”

Emergency relief (23 U.S.C. 125)

(a) General Eligibility. -

Subject to this section and section 120, an

emergency fund is authorized for expenditure by the Secretary for the repair or

reconstruction of highways, roads, and

trails, in any part of the United States,

including Indian reservations, that the

Secretary finds have suffered serious

damage as a result of -

(1) natural disaster over a wide area,

such as by a flood, hurricane, tidal

wave, earthquake, severe storm, or

landslide; or

(2) catastrophic failure from any

external cause.

(b) Restriction on Eligibility. - In no event

shall funds be used pursuant to this

section for the repair or reconstruction of

bridges that have been permanently

closed to all vehicular traffic by the State

or responsible local official because of

imminent danger of collapse due to a

structural deficiency or physical deterioration.

(c) Funding. - Subject to the following

limitations, there are authorized to be

appropriated from the Highway Trust

Fund (other than the Mass Transit

Account) such sums as may be necessary to establish the fund authorized by

this section and to replenish it on an

annual basis:

(1) Not more than $100,000,000 is

authorized to be obligated in any 1 fiscal

year commencing after September 30,

1980, to carry out the provisions of this

section; except that, if in any fiscal year

the total of all obligations under this

section is less than the amount authorized to be obligated in such fiscal year,

the unobligated balance of such amount

shall remain available until expended

and shall be in addition to amounts

otherwise available to carry out this

section each year.
572 Forest Service Roads

(2) Pending such appropriation or

replenishment, the Secretary may

obligate from any funds heretofore or

hereafter appropriated for obligation in

accordance with this title, including

existing Federal-aid appropriations, such

sums as may be necessary for the

immediate prosecution of the work

herein authorized. Funds obligated under

this paragraph shall be reimbursed from

such appropriation or replenishment.

(d) The Secretary may expend funds

from the emergency fund herein authorized for the repair or reconstruction of

highways on Federal-aid highways in

accordance with the provisions of this

chapter: Provided, That (1) obligations for

projects under this section, including those

on highways, roads, and trails mentioned

in subsection (e) of this section, resulting

from a single natural disaster or a single

catastrophic failure in a State shall not

exceed $100,000,000, and (2) the total

obligations for projects under this section

in any fiscal year in the Virgin Islands,

Guam, American Samoa, and the Commonwealth of the Northern Mariana

Islands shall not exceed $20,000,000.

Notwithstanding any provision of this

chapter actual and necessary costs of

maintenance and operation of ferryboats

providing temporary substitute highway

traffic service, less the amount of fares

charged, may be expended from the

emergency fund herein authorized on

Federal-aid highways. Except as to

highways, roads, and trails mentioned in

subsection (e) of this section, no funds

shall be so expended unless the Secretary

has received an application therefor from

the State transportation department, and

unless an emergency has been declared

by the Governor of the State and concurred in by the Secretary, except that if

the President has declared such emergency to be a major disaster for the

purposes of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)

concurrence of the Secretary is not

required.

(e) The Secretary may expend funds

from the emergency fund herein authorized, either independently or in cooperation with any other branch of the Government, State agency, organization, or

person, for the repair or reconstruction of

forest highways, forest development

roads and trails, park roads and trails,

parkways, public lands highways, public

lands development roads and trails, and

Indian reservation roads, whether or not

such highways, roads, or trails are

Federal-aid highways.

(f) Treatment of Territories. - For purposes of this section, the Virgin Islands,

Guam, American Samoa, and the Commonwealth of the Northern Mariana

Islands shall be considered to be States

and parts of the United States, and the

chief executive officer of each such

territory shall be considered to be a

Governor of a State. (23 U.S.C. 125)

Authorizations (23 U.S.C. 201)

The provision of this title shall apply to all

unappropriated authorizations contained in

prior Acts, and also to all unexpended

appropriations heretofore made, providing

for the expenditure of Federal funds on
Forest Service Roads 573

the following classes of highways: Forest

highways, forest development roads and

trails, park road, parkways, Indian reservation roads, refuge roads, public lands

highways, and defense access roads. All

such authorizations and appropriations

shall continue in full force and effect, but

hereafter obligations entered into and

expenditures made pursuant thereto shall

be subject to the provisions of this title.

(23 U.S.C. 201)

Allocations (23 U.S.C. 202)

(a) On October 1 of each fiscal year, the

Secretary shall allocate the sums authorized to be appropriated for such fiscal

year for forest development roads and

trails according to the relative needs of

the various national forests. Such allocation shall be consistent with the renewable resource and land use planning for

the various national forests.

(b) On October 1 of each fiscal year, the

Secretary shall allocate 34 percent of the

sums authorized to be appropriated for

such fiscal year for public lands highways

among those States having unappropriated or unreserved public lands, nontaxable Indian lands or other Federal reservations, on the basis of need in such

States, respectively, as determined by the

Secretary upon application of the State

transportation departments of the respective States. The Secretary shall give

preference to those projects which are

significantly impacted by Federal land and

resource management activities which

are proposed by a State which contains at

least 3 percent of the total public lands in

the Nation. The Secretary shall allocate

66 percent of the remainder of the

authorization for public lands highways

for each fiscal year as is provided in

section 134 of the Federal-Aid Highway

Act of 1987, and with respect to these

allocations the Secretary shall give equal

consideration to projects that provide

access to and within the National Forest

System, as identified by the Secretary of

Agriculture through renewable resources

and land use planning and the impact of

such planning on existing transportation

facilities. (23 U.S.C. 202)

***

Availability of funds (23 U.S.C. 203)

Funds authorized for forest development

roads and trails, public lands development

roads and trails, park road, parkways,

refuge roads, Indian reservation roads,

and public lands highways shall be

available for contract upon apportionment,

or on October 1, of the fiscal year for

which authorized if no apportionment is

required. Any amount remaining unexpended for a period of three years after

the close of the fiscal year for which

authorized shall lapse. The Secretary of

the Department charged with the administration of such funds is granted authority

to incur obligations, approve projects, and

enter into contracts under such authorizations and his action in doing so shall be

deemed a contractual obligation of the

United States for the payment of the cost

thereof and such funds shall be deemed

to have been expended when so obligated. Any funds heretofore or hereafter

authorized for any fiscal year for forest

development roads and trails, public lands
574 Forest Service Roads

development roads and trails, park road,

parkways, refuge roads, Indian roads, and

public lands highways shall be deemed to

have been expended if a sum equal to the

total of the sums authorized for such

fiscal year and previous fiscal years since

and including the fiscal year ending June

30, 1955, shall have been obligated. Any

of such funds released by payment of

final voucher or modification of project

authorizations shall be credited to the

balance of unobligated authorizations and

be immediately available for expenditure.

Notwithstanding any other provision of

law, the authorization by the Secretary of

engineering and related work for a

Federal lands highways program project,

or the approval by the Secretary of plans,

specifications, and estimates for construction of a Federal lands highways program

project, shall be deemed to constitute a

contractual obligation of the Federal

Government to pay the Federal share of

the cost of the project. (23 U.S.C. 203 )

Federal Lands Highways Program

(23 U.S.C. 204)

(a) Establishment. -

(1) In general. - Recognizing the need for

all Federal roads that are public roads to

be treated under uniform policies similar

to the policies that apply to Federal-aid

highways, there is established a coordinated Federal lands highways program

that shall apply to public lands highways,

park roads and parkways, and Indian

reservation roads and bridges.

(2) Transportation planning procedures.

- In consultation with the Secretary of

each appropriate Federal land management agency, the Secretary shall

develop, by rule, transportation planning

procedures that are consistent with the

metropolitan and statewide planning

processes required under sections 134

and 135.

(3) Approval of transportation improvement program. - The transportation

improvement program developed as a

part of the transportation planning

process under this section shall be

approved by the Secretary.

(4) Inclusion in other plans. - All regionally significant Federal lands highways

program projects - (A) shall be developed in cooperation with States and

metropolitan planning organizations; and

(B) shall be included in appropriate

Federal lands highways program, State,

and metropolitan plans and transportation improvement programs.

(5) Inclusion in state programs. - The

approved Federal lands highways

program transportation improvement

program shall be included in appropriate

State and metropolitan planning organization plans and programs without

further action on the transportation

improvement program.

(6) Development of systems. - The

Secretary and the Secretary of each

appropriate Federal land management

agency shall, to the extent appropriate,

develop by rule safety, bridge, pavement, and congestion management

systems for roads funded under the

Federal lands highways program.

(b) Funds available for public lands

highways, park roads and parkways, and
Forest Service Roads 575

Indian reservation roads shall be used by

the Secretary and the Secretary of the

appropriate Federal land management

agency to pay for the cost of transportation planning, research, engineering, and

construction of the highways, roads, and

parkways, or of transit facilities within

public lands, national parks, and Indian

reservations. In connection with activities

under the preceding sentence, the Secretary and the Secretary of the appropriate

Federal land management agency may

enter into construction contracts and

other appropriate contracts with a State

or civil subdivision of a State or Indian

tribe. In the case of Indian reservation

roads, Indian labor may be employed in

such construction and improvement under

such rules and regulations as may be

prescribed by the Secretary of the

Interior. No ceiling on Federal employment shall be applicable to construction or

improvement of Indian reservation roads.

Funds available for each class of Federal

lands highways shall be available for any

kind of transportation project eligible for

assistance under this title that is within or

adjacent to or provides access to the

areas served by the particular class of

Federal lands highways. The Secretary of

Interior may reserve funds from the

Bureau of Indian Affairs’ administrative

funds associated with the Indian reservation roads program to finance the Indian

technical centers authorized under section

504(b).

(c) Before approving as a project on an

Indian reservation road any project

eligible for funds apportioned under

section 104 or section 144 of this title in a

State, the Secretary must determine that

the obligation of funds for such project is

supplementary to and not in lieu of the

obligation, for projects on Indian reservation roads, of a fair and equitable share of

funds apportioned to such State under

section 104 of this title. Notwithstanding

any other provision of this title, Indian

reservation roads under the jurisdiction of

the Bureau of Indian Affairs of the

Department of the Interior shall be

eligible to expend not more than 15

percent funds 2

 apportioned for Indian

reservation roads from the Highway Trust

Fund for the purpose of road sealing

projects. The Bureau of Indian Affairs

shall continue to retain responsibility,

including annual funding request responsibility, for road maintenance programs on

Indian reservations.

(d) Cooperation of States, counties, or

other local subdivisions may be accepted

in construction and improvement, and any

funds received from a State, county, or

local subdivision shall be credited to

appropriations available for the class of

Federal lands highways to which such

funds were contributed.

(e) Construction of each project shall be

performed by contract awarded by

competitive bidding, unless the Secretary

or the Secretary of the appropriate

Federal land management agency shall

affirmatively find that, under the circumstances relating to such project, some

other method is in the public interest.

Notwithstanding the foregoing, the

provisions of section 23 of the “Buy

Indian” Act of June 25, 1910 (36 Stat.

891), and the provisions of section 7(b) of
576 Forest Service Roads

the Indian Self-Determination and Education Assistance Act (88 Stat. 2205) shall

apply to all funds administered by the

Secretary of the Interior which are

appropriated for the construction and

improvement of Indian reservation roads.

(f) All appropriations for the construction

and improvement of each class of Federal

lands highways shall be administered in

conformity with regulations and agreements jointly approved by the Secretary

and the Secretary of the appropriate

Federal land managing agency.

(g) The Secretary shall transfer to the

Secretary of Agriculture from appropriations for forest highways such amounts as

may be needed to cover necessary

administrative expenses of the Forest

Service in connection with forest highways.

(h) Eligible Projects. - Funds available for

each class of Federal lands highways

may be available for the following:

(1) Transportation planning for tourism

and recreational travel including the

National Forest Scenic Byways Program, Bureau of Land Management

Back Country Byways Program,

National Trail System Program, and

other similar Federal programs that

benefit recreational development.

(2) Adjacent vehicular parking areas.

(3) Interpretive signage.

(4) Acquisition of necessary scenic

easements and scenic or historic sites.

(5) Provision for pedestrians and

bicycles.

(6) Construction and reconstruction of

roadside rest areas including sanitary

and water facilities.

(7) Other appropriate public road

facilities such as visitor centers as

determined by the Secretary.

(8) A project to build a replacement of

the federally owned bridge over the

Hoover Dam in the Lake Mead National Recreation Area between Nevada

and Arizona.

(i) Transfers of Costs to Secretaries of

Federal Land Management Agencies. -

(1) Administrative costs. - The Secretary shall transfer to the appropriate

Federal land management agency from

amounts made available for public lands

highways such amounts as are necessary to pay necessary administrative

costs of the agency in connection with

public lands highways.

(2) Transportation planning costs. - The

Secretary shall transfer to the appropriate Federal land management agency

from amounts made available for public

lands highways such amounts as are

necessary to pay the cost to the agency

to conduct necessary transportation

planning for Federal lands, if funding for

the planning is not otherwise provided

under this section.

(j) Indian Reservation Roads Planning. -

Up to 2 percent of funds made available

for Indian reservation roads for each

fiscal year shall be allocated to those

Indian tribal governments applying for

transportation planning pursuant to the

provisions of the Indian Self-Determina-
Forest Service Roads 577

tion and Education Assistance Act. The

Indian tribal government, in cooperation

with the Secretary of the Interior, and as

appropriate, with a State, local government, or metropolitan planning organization, shall carry out a transportation

planning process in accordance with

subsection (a). Projects shall be selected

by the Indian tribal government from the

transportation improvement program and

shall be subject to the approval of the

Secretary of the Interior and the Secretary. (23 U.S.C. 204)

2

 So in original. Probably should be “of

funds”.

***

Forest development roads and trails

(23 U.S.C. 205)

(a) Funds available for forest development roads and trails shall be used by the

Secretary of Agriculture to pay for the

costs of construction and maintenance

thereof, including roads and trails on

experimental and other areas under

Forest Service administration. In connection therewith, the Secretary of Agriculture may enter into contracts with a State

or civil subdivision thereof, and issue such

regulations as he deems advisable.

(b) Cooperation of States, counties, or

other local subdivisions may be accepted

but shall not be required by the Secretary

of Agriculture.

(c) Construction estimated to cost

$50,000 or more per mile or $50,000 or

more per project for projects with a

length of less than one mile, exclusive of

bridges and engineering, shall be advertised and let to contract. If such estimated

cost is less than $50,000 per mile or

$50,000 per project for projects with a

length of less than one mile or if, after

proper advertising, no acceptable bid is

received or the bids are deemed excessive, the work may be done by the

Secretary of Agriculture on his own

account.

(d) Funds available for forest development roads and trails shall be available for

adjacent vehicular parking areas and for

sanitary, water, and fire control facilities.

(23 U.S.C. 205)

Transportation Equity Act for the

21st Century

June 9, 1998 (Pub. L. 105-178, 112

Stat. 146)

Recreational trails program (23

U.S.C. 206)

(a) Definitions. - In this section, the

following definitions apply:

(1) Motorized recreation. - The term

“motorized recreation” means off-road

recreation using any motor-powered

vehicle, except for a motorized wheelchair.

(2) Recreational trail. - The term

“recreational trail” means a thoroughfare or track across land or snow, used

for recreational purposes such as -

(A) pedestrian activities, including

wheelchair use;

(B) skating or skateboarding;
578 Forest Service Roads

(C) equestrian activities, including

carriage driving;

(D) nonmotorized snow trail activities,

including skiing;

(E) bicycling or use of other humanpowered vehicles;

(F) aquatic or water activities; and

(G) motorized vehicular activities,

including all-terrain vehicle riding,

motorcycling, snowmobiling, use of

off-road light trucks, or use of other

off-road motorized vehicles.

(b) Program. - In accordance with this

section, the Secretary, in consultation with

the Secretary of the Interior and the

Secretary of Agriculture, shall carry out a

program to provide and maintain recreational trails.

(c) State Responsibilities. - To be eligible

for apportionments under this section -

(1) the Governor of the State shall

designate the State agency or agencies

that will be responsible for administering

apportionments made to the State under

this section; and

(2) the State shall establish a State

recreational trail advisory committee

that represents both motorized and

nonmotorized recreational trail users,

which shall meet not less often than

once per fiscal year.

(d) Use of Apportioned Funds. -

(1) In general. - Funds apportioned to a

State to carry out this section shall be

obligated for recreational trails and

related projects that -

(A) have been planned and developed

under the laws, policies, and administrative procedures of the State; and

(B) are identified in, or further a

specific goal of, a recreational trail

plan, or a statewide comprehensive

outdoor recreation plan required by the

Land and Water Conservation Fund

Act of 1965 (16 U.S.C. 460l-4 et

seq.), that is in effect.

(2) Permissible uses. - Permissible uses

of funds apportioned to a State for a

fiscal year to carry out this section

include -

(A) maintenance and restoration of

existing recreational trails;

(B) development and rehabilitation of

trailside and trailhead facilities and trail

linkages for recreational trails;

(C) purchase and lease of recreational

trail construction and maintenance

equipment;

(D) construction of new recreational

trails, except that, in the case of new

recreational trails crossing Federal

lands, construction of the trails shall be

-

(i) permissible under other law;

(ii) necessary and required by a

statewide comprehensive outdoor

recreation plan that is required by

the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l-4

et seq.) and that is in effect;

(iii) approved by the administering

agency of the State designated under

subsection (c)(1); and
Forest Service Roads 579

(iv) approved by each Federal

agency having jurisdiction over the

affected lands under such terms and

conditions as the head of the Federal

agency determines to be appropriate,

except that the approval shall be

contingent on compliance by the

Federal agency with all applicable

laws, including the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.), the Forest and

Rangeland Renewable Resources

Planning Act of 1974 (16 U.S.C.

1600 et seq.), and the Federal Land

Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.);

(E) acquisition of easements and fee

simple title to property for recreational

trails or recreational trail corridors;

(F) payment of costs to the State

incurred in administering the program,

but in an amount not to exceed 7

percent of the apportionment made to

the State for the fiscal year to carry

out this section; and

(G) operation of educational programs

to promote safety and environmental

protection as those objectives relate to

the use of recreational trails, but in an

amount not to exceed 5 percent of the

apportionment made to the State for

the fiscal year.

(3) Use of apportionments. -

(A) In general. - Except as provided in

subparagraphs (B), (C), and (D), of

the apportionments made to a State

for a fiscal year to carry out this

section -

(i) 40 percent shall be used for

recreational trail or related projects

that facilitate diverse recreational

trail use within a recreational trail

corridor, trailside, or trailhead,

regardless of whether the project is

for diverse motorized use, for

diverse nonmotorized use, or to

accommodate both motorized and

nonmotorized recreational trail use;

(ii) 30 percent shall be used for uses

relating to motorized recreation; and

(iii) 30 percent shall be used for uses

relating to nonmotorized recreation.

(B) Small state exclusion. - Any State

with a total land area of less than

3,500,000 acres shall be exempt from

the requirements of clauses (ii) and

(iii) of subparagraph (A).

(C) Waiver authority. - A State

recreational trail advisory committee

established under subsection (c)(2)

may waive, in whole or in part, the

requirements of clauses (ii) and (iii) of

subparagraph (A) if the State recreational trail advisory committee

determines and notifies the Secretary

that the State does not have sufficient

projects to meet the requirements of

clauses (ii) and (iii) of subparagraph

(A).

(D) State administrative costs. - State

administrative costs eligible for funding

under paragraph (2)(F) shall be

exempt from the requirements of

subparagraph (A).

(4) Grants. -

(A) In general. - A State may use
580 Forest Service Research

funds apportioned to the State to carry

out this section to make grants to

private organizations, municipal,

county, State, and Federal Government

entities, and other government entities

as approved by the State after considering guidance from the State recreational trail advisory committee

established under subsection (c)(2),

for uses consistent with this section.

(B) Compliance. - A State that makes

grants under subparagraph (A) shall

establish measures to verify that

recipients of the grants comply with

the conditions of the program for the

use of grant funds.

(e) Environmental Benefit or Mitigation. -

To the extent practicable and consistent

with the other requirements of this

section, a State should give consideration

to project proposals that provide for the

redesign, reconstruction, nonroutine

maintenance, or relocation of recreational

trails to benefit the natural environment or

to mitigate and minimize the impact to the

natural environment.

(f) Federal Share. –

(1) In general. - Subject to the other

provisions of this subsection, the Federal

share of the cost of a project under this

section shall not exceed 80 percent.

(2) Federal agency project sponsor. -

Notwithstanding any other provision of

law, a Federal agency that sponsors a

project under this section may contribute additional Federal funds toward the

cost of a project, except that -

(A) the share attributable to the

Secretary of Transportation may not

exceed 80 percent of the cost of a

project under this section; and

(B) the share attributable to the

Secretary and the Federal agency may

not exceed 95 percent of the cost of a

project under this section.

(3) Use of funds from federal programs

to provide non-federal share. - Notwithstanding any other provision of law, the

non-Federal share of the cost of the

project may include amounts made

available by the Federal Government

under any Federal program that are -

(A) expended in accordance with the

requirements of the Federal program

relating to activities funded and populations served; and (B) expended on a

project that is eligible for assistance

under this section.

(4) Programmatic non-federal share. -

A State may allow adjustments to the

non-Federal share of an individual

project for a fiscal year under this

section if the Federal share of the cost

of all projects carried out by the State

under the program (excluding projects

funded under paragraph (2) or (3))

using funds apportioned to the State for

the fiscal year does not exceed 80

percent.

(5) State administrative costs. - The

Federal share of the administrative

costs of a State under this subsection

shall be determined in accordance with

section 120(b).

(g) Uses Not Permitted. -

A State may not obligate funds appor-
Forest Service Research 581

tioned to carry out this section for –

(1) condemnation of any kind of interest

in property;

(2) construction of any recreational trail

on National Forest System land for any

motorized use unless -

(A) the land has been designated for

uses other than wilderness by an

approved forest land and resource

management plan or has been released to uses other than wilderness

by an Act of Congress; and

(B) the construction is otherwise

consistent with the management

direction in the approved forest land

and resource management plan;

(3) construction of any recreational trail

on Bureau of Land Management land

for any motorized use unless the land -

(A) has been designated for uses

other than wilderness by an approved

Bureau of Land Management resource management plan or has been

released to uses other than wilderness

by an Act of Congress; and

(B) the construction is otherwise

consistent with the management

direction in the approved management

plan; or

(4) upgrading, expanding, or otherwise

facilitating motorized use or access to

recreational trails predominantly used by

nonmotorized recreational trail users

and on which, as of May 1, 1991,

motorized use was prohibited or had not

occurred.

(h) Project Administration. –

(1) Credit for donations of funds,

materials, services, or new right-of-way.

-

(A) In general. - Nothing in this title or

other law shall prevent a project

sponsor from offering to donate funds,

materials, services, or a new right-ofway for the purposes of a project

eligible for assistance under this

section. Any funds, or the fair market

value of any materials, services, or

new right-of-way, may be donated by

any project sponsor and shall be

credited to the non-Federal share in

accordance with subsection (f).

(B) Federal project sponsors. - Any

funds or the fair market value of any

materials or services may be provided

by a Federal project sponsor and shall

be credited to the Federal agency’s

share in accordance with subsection

(f).

(2) Recreational purpose. - A project

funded under this section is intended to

enhance recreational opportunity and is

not subject to section 138 of this title or

section 303 of title 49.

(3) Continuing recreational use. - At the

option of each State, funds apportioned

to the State to carry out this section

may be treated as Land and Water

Conservation Fund apportionments for

the purposes of section 6(f)(3) of the

Land and Water Conservation Fund Act

of 1965 (16 U.S.C. 460l-8(f)(3)).

(4) Cooperation by private persons. -

(A) Written assurances. - As a

condition of making available appor-
582 Forest Service Research

tionments for work on recreational

trails that would affect privately

owned land, a State shall obtain

written assurances that the owner of

the land will cooperate with the State

and participate as necessary in the

activities to be conducted.

(B) Public access. - Any use of the

apportionments to a State to carry out

this section on privately owned land

must be accompanied by an easement

or other legally binding agreement that

ensures public access to the recreational trail improvements funded by

the apportionments.

(i) Contract Authority. - Funds

authorized to carry out this section

shall be available for obligation in the

same manner as if the funds were

apportioned under chapter 1, except

that the Federal share of the cost of

a project under this section shall be

determined in accordance with this

section. (23 U.S.C. 206)

Federal-Aid Highway Act

August 13, 1973 (Pub. L. 93-87, 87

Stat. 362)

Bicycle transportation and

pedestrian walkways (23 U.S.C. 217)

(a) Use of STP and Congestion Mitigation

Program Funds. - Subject to project

approval by the Secretary, a State may

obligate funds apportioned to it under

sections 104(b)(2) and 104(b)(3) of this

title for construction of pedestrian walkways and bicycle transportation facilities

and for carrying out nonconstruction

projects related to safe bicycle use.

(b) Use of National Highway System

Funds. - Subject to project approval by

the Secretary, a State may obligate funds

apportioned to it under section 104(b)(1)

of this title for construction of pedestrian

walkways and bicycle transportation

facilities on land adjacent to any highway

on the National Highway System.

(c) Use of Federal Lands Highway

Funds. - Funds authorized for forest

highways, forest development roads and

trails, public lands development roads and

trails, park roads, parkways, Indian

reservation roads, and public lands

highways shall be available, at the discretion of the department charged with the

administration of such funds, for the

construction of pedestrian walkways and

bicycle transportation facilities in conjunction with such trails, roads, highways, and

parkways.

(d) State Bicycle and Pedestrian Coordinators. - Each State receiving an apportionment under sections 104(b)(2) and

104(b)(3) of this title shall use such

amount of the apportionment as may be

necessary to fund in the State department

of transportation a position of bicycle and

pedestrian coordinator for promoting and

facilitating the increased use of

nonmotorized modes of transportation,

including developing facilities for the use

of pedestrians and bicyclists and public

education, promotional, and safety

programs for using such facilities.

(e) Bridges. - In any case where a

highway bridge deck being replaced or

rehabilitated with Federal financial
Forest Service Research 583

participation is located on a highway on

which bicycles are permitted to operate at

each end of such bridge, and the Secretary determines that the safe accommodation of bicycles can be provided at

reasonable cost as part of such replacement or rehabilitation, then such bridge

shall be so replaced or rehabilitated as to

provide such safe accommodations.

(f) Federal Share. - For all purposes of

this title, construction of a pedestrian

walkway and a bicycle transportation

facility shall be deemed to be a highway

project and the Federal share payable on

account of such construction shall be

determined in accordance with section

120(b).

(g) Planning and Design. -

(1) In general. - Bicyclists and pedestrians shall be given due consideration in

the comprehensive transportation plans

developed by each metropolitan planning organization and State in accordance with sections 134 and 135,

respectively. Bicycle transportation

facilities and pedestrian walkways shall

be considered, where appropriate, in

conjunction with all new construction

and reconstruction of transportation

facilities, except where bicycle and

pedestrian use are not permitted.

(2) Safety considerations. - Transportation plans and projects shall provide due

consideration for safety and contiguous

routes for bicyclists and pedestrians.

Safety considerations shall include the

installation, where appropriate, and

maintenance of audible traffic signals

and audible signs at street crossings.

(h) Use of Motorized Vehicles. - Motorized vehicles may not be permitted on

trails and pedestrian walkways under this

section, except for -

(1) maintenance purposes;

(2) when snow conditions and State or

local regulations permit, snowmobiles;

(3) motorized wheelchairs;

(4) when State or local regulations

permit, electric bicycles; and

(5) such other circumstances as the

Secretary deems appropriate.

(i) Transportation Purpose. - No bicycle

project may be carried out under this

section unless the Secretary has determined that such bicycle project will be

principally for transportation, rather than

recreation, purposes.

(j) Definitions. - In this section, the

following definitions apply:

(1) Bicycle transportation facility. - The

term “bicycle transportation facility”

means a new or improved lane, path, or

shoulder for use by bicyclists and a

traffic control device, shelter, or parking

facility for bicycles.

(2) Electric bicycle. - The term “electric

bicycle” means any bicycle or tricycle

with a low-powered electric motor

weighing under 100 pounds, with a top

motor-powered speed not in excess of

20 miles per hour.

(3) Pedestrian. - The term “pedestrian”

means any person traveling by foot and

any mobility-impaired person using a

wheelchair.
584 Forest Service Research

(4) Wheelchair. - The term “wheelchair” means a mobility aid, usable

indoors, and designed for and used by

individuals with mobility impairments,

whether operated manually or motorized. (23 U.S.C. 217)
Forest Service Research 585

National Forest Roads and Trails Act

October 13, 1964 (Pub. L. 88-657, 78 Stat. 1089; 16 U.S.C.

532 to 538)

Roads and trails system;

Congressional findings and

declaration of policy

Sec. 1 The Congress hereby finds and

declares that the construction and maintenance of an adequate system of roads

and trails within and near the national

forests and other lands administered by

the Forest Service is essential if increasing demands for timber, recreation, and

other uses of such lands are to be met;

that the existence of such a system would

have the effect, among other things, of

increasing the value of timber and other

resources tributary to such roads; and

that such a system is essential to enable

the Secretary of Agriculture (hereinafter

called the Secretary) to provide for

intensive use, protection, development,

and management of these lands under

principles of multiple use and sustained

yield of products and services. (16 U.S.C.

532)

Grant of easements for road rightsof-way; authority of Secretary of

Agriculture; regulations

Sec. 2 The Secretary is authorized, under

such regulations as he may prescribe,

subject to the provisions of sections 532

to 538 of this title, to grant permanent or

temporary easements for specified

periods or otherwise for road rights-ofway (1) over national forest lands and

other lands administered by the Forest

Service, and (2) over any other related

lands with respect to which the Department of Agriculture has rights under the

terms of the grant to it. (16 U.S.C. 533)

Termination and cancellation of

easements; notice; hearing

Sec. 3 An easement granted under

sections 532 to 538 of this title may be

terminated by consent of the owner of the

easement, by condemnation, or after a

five-year period of nonuse the Secretary

may, if he finds the owner has abandoned

the easement, make a determination to

cancel it. Before the Secretary may

cancel an easement for nonuse the owner

of such easement must be notified of the

determination to cancel and be given,

upon his request made within sixty days

after receipt of the notice, a hearing in

accordance with such rules and regulations as may be issued by the Secretary.

(16 U.S.C. 534)

Forest development roads;

acquisition, construction, and

maintenance; maximum economy;

methods of financing; cost

arrangements for construction

standards; transfer of unused

effective purchaser credit for road

construction

Sec. 4 The Secretary is authorized to

provide for the acquisition, construction,

and maintenance of forest development
586 Forest Service Research

roads within and near the national forests

and other lands administered by the

Forest Service in locations and according

to specifications which will permit maximum economy in harvesting timber from

such lands tributary to such roads and at

the same time meet the requirements for

protection, development, and management

thereof, and for utilization of the other

resources thereof. Financing of such

roads may be accomplished (1) by the

Secretary utilizing appropriated funds, (2)

by requirements on purchasers of national

forest timber and other products, including

provisions for amortization of road costs

in contracts, (3) by cooperative financing

with other public agencies and with

private agencies or persons, or (4) by a

combination of these methods: Provided,

That where roads of a higher standard

than that needed in the harvesting and

removal of the timber and other products

covered by the particular sale are to be

constructed, the purchaser of the national

forest timber and other products shall not

be required to bear that part of the costs

necessary to meet such higher standard,

and the Secretary is authorized to make

such arrangements to this end as may be

appropriate. The Secretary is authorized,

under such rules and regulations as he

shall prescribe, to permit the transfer of

unused effective purchaser credit for

road construction earned after December

16, 1975, from one timber sale to a

purchaser to another timber sale to the

same purchaser within the same National

Forest. (16 U.S.C. 535)

Recording of instruments; furnishing

of instruments affecting public

domain lands to Secretary of the

Interior

Sec. 5 Copies of all instruments affecting

permanent interests in land executed

pursuant to sections 532 to 538 of this title

shall be recorded in each county where

the lands are located. Copies of all

instruments affecting interests in lands

reserved from the public domain shall be

furnished to the Secretary of the Interior.

(16 U.S.C. 536)

Maintenance and reconstruction by

road users; funds for maintenance

and reconstruction; availability of

deposits until expended, transfer of

funds, and refunds

Sec. 6 The Secretary may require the

user or users of a road under the control

of the Forest Service, including purchasers of Government timber and other

products, to maintain such roads in a

satisfactory condition commensurate with

the particular use requirements of each.

Such maintenance to be borne by each

user shall be proportionate to total use.

The Secretary may also require the user

or users of such a road to reconstruct the

same when such reconstruction is determined to be necessary to accommodate

such use. If such maintenance or reconstruction cannot be so provided or if the

Secretary determines that maintenance or

reconstruction by a user would not be

practical, then the Secretary may require

that sufficient funds be deposited by the

user to provide his portion of such total

maintenance or reconstruction. Deposits

made to cover the maintenance or
Forest Service Research 587

reconstruction of roads are hereby made

available until expended to cover the cost

to the United States of accomplishing the

purpose for which deposited: Provided,

That deposits received for work on

adjacent and overlapping areas may be

combined when it is the most practicable

and efficient manner of performing the

work, and cost thereof may be determined by estimates: And provided further,

That unexpended balances upon accomplishment of the purpose for which

deposited shall be transferred to miscellaneous receipts or refunded. (16 U.S.C.

537)

User fees fund for delayed payments

to grantors

Sec. 7 Whenever the agreement under

which the United States has obtained for

the use of, or in connection with, the

national forests and other lands administered by the Forest Service a right-ofway or easement for a road or an existing

road or the right to use an existing road

provides for delayed payments to the

Government’s grantor, any fees or other

collections received by the Secretary for

the use of the road may be placed in a

fund to be available for making payments

to the grantor. (16 U.S.C. 538)
588 General Laws

Federal Insecticide, Fungicide, and Rodenticide

Act

June 25, 1947 (Ch. 125, 61 Stat. 163; 7 U.S.C. 136, 136a,

146a-1, 136c to 136w, 136w-1 to 136w-7, 136x, 136y)

Definitions

Sec. 2 For purposes of this subchapter -

(a) Active ingredient

The term “active ingredient” means -

(1) in the case of a pesticide other than

a plant regulator, defoliant, desiccant, or

nitrogen stabilizer, an ingredient which

will prevent, destroy, repel, or mitigate

any pest;

(2) in the case of a plant regulator, an

ingredient which, through physiological

action, will accelerate or retard the rate

of growth or rate of maturation or

otherwise alter the behavior of ornamental or crop plants or the product

thereof;

(3) in the case of a defoliant, an ingredient which will cause the leaves or

foliage to drop from a plant;

(4) in the case of a desiccant, an

ingredient which will artificially accelerate the drying of plant tissue; and

(5) in the case of a nitrogen stabilizer,

an ingredient which will prevent or

hinder the process of nitrification,

denitrification, ammonia volatilization, or

urease production through action

affecting soil bacteria.

(b) Administrator

The term “Administrator” means the

Administrator of the Environmental

Protection Agency.

(c) Adulterated

The term “adulterated” applies to any

pesticide if -

(1) its strength or purity falls below the

professed standard of quality as expressed on its labeling under which it is

sold;

(2) any substance has been substituted

wholly or in part for the pesticide; or

(3) any valuable constituent of the

pesticide has been wholly or in part

abstracted.

(d) Animal

The term “animal” means all vertebrate

and invertebrate species, including but not

limited to man and other mammals, birds,

fish, and shellfish.

(e) Certified applicator, etc.

(1) Certified applicator

The term “certified applicator” means

any individual who is certified under

section 136i of this title as authorized to

use or supervise the use of any pesticide which is classified for restricted

use. Any applicator who holds or applies

registered pesticides, or uses dilutions of

registered pesticides consistent with
General Laws 589

subsection (ee) of this section, only to

provide a service of controlling pests

without delivering any unapplied pesticide to any person so served is not

deemed to be a seller or distributor of

pesticides under this subchapter.

(2) Private applicator

The term “private applicator” means a

certified applicator who uses or supervises the use of any pesticide which is

classified for restricted use for purposes

of producing any agricultural commodity

on property owned or rented by the

applicator or the applicator’s employer

or (if applied without compensation

other than trading of personal services

between producers of agricultural

commodities) on the property of another

person.

(3) Commercial applicator

The term “commercial applicator”

means an applicator (whether or not the

applicator is a private applicator with

respect to some uses) who uses or

supervises the use of any pesticide

which is classified for restricted use for

any purpose or on any property other

than as provided by paragraph (2).

(4) Under the direct supervision of a

certified applicator

Unless otherwise prescribed by its

labeling, a pesticide shall be considered

to be applied under the direct supervision of a certified applicator if it is

applied by a competent person acting

under the instructions and control of a

certified applicator who is available if

and when needed, even though such

certified applicator is not physically

present at the time and place the

pesticide is applied.

(f) Defoliant

The term “defoliant” means any substance of mixture of substances intended

for causing the leaves or foliage to drop

from a plant, with or without causing

abscission.

(g) Desiccant

The term “desiccant” means any substance or mixture of substances intended

for artificially accelerating the drying of

plant tissue.

(h) Device

The term “device” means any instrument

or contrivance (other than a firearm)

which is intended for trapping, destroying,

repelling, or mitigating any pest or any

other form of plant or animal life (other

than man and other than bacteria, virus,

or other microorganism on or in living

man or other living animals); but not

including equipment used for the application of pesticides when sold separately

therefrom.

(i) District court

The term “district court” means a United

States district court, the District Court of

Guam, the District Court of the Virgin

Islands, and the highest court of American Samoa.

(j) Environment

The term “environment” includes water,

air, land, and all plants and man and other

animals living therein, and the interrelationships which exist among these.
590 General Laws

(k) Fungus

The term “fungus” means any nonchlorophyll-bearing thallophyte (that is,

any non-chlorophyll-bearing plant of a

lower order than mosses and liverworts),

as for example, rust, smut, mildew, mold,

yeast, and bacteria, except those on or in

living man or other animals and those on

or in processed food, beverages, or

pharmaceuticals.

(l) Imminent hazard

The term “imminent hazard” means a

situation which exists when the continued

use of a pesticide during the time required

for cancellation proceeding would be

likely to result in unreasonable adverse

effects on the environment or will involve

unreasonable hazard to the survival of a

species declared endangered or threatened by the Secretary pursuant to the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

(m) Inert ingredient

The term “inert ingredient” means an

ingredient which is not active.

(n) Ingredient statement

The term “ingredient statement” means a

statement which contains -

(1) the name and percentage of each

active ingredient, and the total percentage of all inert ingredients, in the

pesticide; and

(2) if the pesticide contains arsenic in

any form, a statement of the percentages of total and water soluble arsenic,

calculated as elementary arsenic.

(o) Insect

The term “insect” means any of the

numerous small invertebrate animals

generally having the body more or less

obviously segmented, for the most part

belonging to the class insecta, comprising

six-legged, usually winged forms, as for

example, beetles, bugs, bees, flies, and to

other allied classes of anthropods whose

members are wingless and usually have

more than six legs, as for example,

spiders, mites, ticks, centipedes, and wood

lice.

(p) Label and labeling

(1) Label

The term “label” means the written,

printed, or graphic matter on, or attached to, the pesticide or device or any

of its containers or wrappers.

(2) Labeling

The term “labeling” means all labels and

all other written, printed, or graphic

matter -

(A) accompanying the pesticide or

device at any time; or

(B) to which reference is made on the

label or in literature accompanying the

pesticide or device, except to current

official publications of the Environmental Protection Agency, the United

States Departments of Agriculture and

Interior, the Department of Health and

Human Services, State experiment

stations, State agricultural colleges,

and other similar Federal or State

institutions or agencies authorized by

law to conduct research in the field of

pesticides.
General Laws 591

(q) Misbranded

(1) A pesticide is misbranded if -

(A) its labeling bears any statement,

design, or graphic representation

relative thereto or to its ingredients

which is false or misleading in any

particular;

(B) it is contained in a package or

other container or wrapping which

does not conform to the standards

established by the Administrator

pursuant to section 136w(c)(3) of this

title;

(C) it is an imitation of, or is offered

for sale under the name of, another

pesticide;

(D) its label does not bear the registration number assigned under section

136e of this title to each establishment

in which it was produced;

(E) any word, statement, or other

information required by or under

authority of this subchapter to appear

on the label or labeling is not prominently placed thereon with such

conspicuousness (as compared with

other words, statements, designs, or

graphic matter in the labeling) and in

such terms as to render it likely to be

read and understood by the ordinary

individual under customary conditions

of purchase and use;

(F) the labeling accompanying it does

not contain directions for use which

are necessary for effecting the

purpose for which the product is

intended and if complied with, together

with any requirements imposed under

section 136a(d) of this title, are

adequate to protect health and the

environment;

(G) the label does not contain a

warning or caution statement which

may be necessary and if complied

with, together with any requirements

imposed under section 136a(d) of this

title, is adequate to protect health and

the environment; or

(H) in the case of a pesticide not

registered in accordance with section

136a of this title and intended for

export, the label does not contain, in

words prominently placed thereon with

such conspicuousness (as compared

with other words, statements, designs,

or graphic matter in the labeling) as to

render it likely to be noted by the

ordinary individual under customary

conditions of purchase and use, the

following: “Not Registered for Use in

the United States of America”.

(2) A pesticide is misbranded if -

(A) the label does not bear an ingredient statement on that part of the

immediate container (and on the

outside container or wrapper of the

retail package, if there be one, through

which the ingredient statement on the

immediate container cannot be clearly

read) which is presented or displayed

under customary conditions or purchase, except that a pesticide is not

misbranded under this subparagraph if -

(i) The size or form of the immediate

container, or the outside container or

wrapper of the retail package,

makes it impracticable to place the
592 General Laws

ingredient statement on the part

which is presented or displayed

under customary conditions of

purchase; and

(ii) the ingredient statement appears

prominently on another part of the

immediate container, or outside

container or wrapper, permitted by

the Administrator;

(B) the labeling does not contain a

statement of the use classification

under which the product is registered;

(C) there is not affixed to its container,

and to the outside container or wrapper of the retail package, if there be

one, through which the required

information on the immediate container cannot be clearly read, a label

bearing -

(i) the name and address of the

producer, registrant, or person for

whom produced;

(ii) the name, brand, or trademark

under which the pesticide is sold;

(iii) the net weight or measure of the

content, except that the Administrator may permit reasonable variations;

and

(iv) when required by regulation of

the Administrator to effectuate the

purposes of this subchapter, the

registration number assigned to the

pesticide under this subchapter, and

the use classification; and

(D) the pesticide contains any substance or substances in quantities

highly toxic to man, unless the label

shall bear, in addition to any other

matter required by this subchapter -

(i) the skull and crossbones;

(ii) the word “poison” prominently in

red on a background of distinctly

contrasting color; and

(iii) a statement of a practical

treatment (first aid or otherwise) in

case of poisoning by the pesticide.

(r) Nematode

The term “nematode” means invertebrate

animals of the phylum nemathelminthes

and class nematoda, that is, unsegmented

round worms with elongated, fusiform, or

saclike bodies covered with cuticle, and

inhabiting soil, water, plants, or plant

parts; may also be called nemas or

eelworms.

(s) Person

The term “person” means any individual,

partnership, association, corporation, or

any organized group of persons whether

incorporated or not.

(t) Pest

The term “pest” means

(1) any insect, rodent, nematode,

fungus, weed, or

(2) any other form of terrestrial or

aquatic plant or animal life or virus,

bacteria, or other micro-organism

(except viruses, bacteria, or other

micro-organisms on or in living man or

other living animals) which the Administrator declares to be a pest under

section 136w(c)(1) of this title.

(u) Pesticide
General Laws 593

The term “pesticide” means (1) any

substance or mixture of substances

intended for preventing, destroying,

repelling, or mitigating any pest, (2) any

substance or mixture of substances

intended for use as a plant regulator,

defoliant, or desiccant, and (3) any

nitrogen stabilizer, except that the term

“pesticide” shall not include any article

that is a “new animal drug” within the

meaning of section 321(w)1

 of title 21,

that has been determined by the Secretary of Health and Human Services not to

be a new animal drug by a regulation

establishing conditions of use for the

article, or that is an animal feed within the

meaning of section 321(x) of title 21

bearing or containing a new animal drug.

The term “pesticide” does not include

liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a

critical or semi-critical device, as defined

in section 321 of title 21. For purposes of

the preceding sentence, the term “critical

device” includes any device which is

introduced directly into the human body,

either into or in contact with the bloodstream or normally sterile areas of the

body and the term “semi-critical device”

includes any device which contacts intact

mucous membranes but which does not

ordinarily penetrate the blood barrier or

otherwise enter normally sterile areas of

the body.

(v) Plant regulator

The term “plant regulator” means any

substance or mixture of substances

intended, through physiological action, for

accelerating or retarding the rate of

growth or rate of maturation, or for

otherwise altering the behavior of plants

or the produce thereof, but shall not

include substances to the extent that they

are intended as plant nutrients, trace

elements, nutritional chemicals, plant

inoculants, and soil amendments. Also, the

term “plant regulator” shall not be required to include any of such of those

nutrient mixtures or soil amendments as

are commonly known as vitamin-hormone

horticultural products, intended for

improvement, maintenance, survival,

health, and propagation of plants, and as

are not for pest destruction and are

nontoxic, nonpoisonous in the undiluted

packaged concentration.

(w) Producer and produce

The term “producer” means the person

who manufactures, prepares, compounds,

propagates, or processes any pesticide or

device or active ingredient used in

producing a pesticide. The term “produce” means to manufacture, prepare,

compound, propagate, or process any

pesticide or device or active ingredient

used in producing a pesticide. The dilution

by individuals of formulated pesticides for

their own use and according to the

directions on registered labels shall not of

itself result in such individuals being

included in the definition of “producer”

for the purposes of this subchapter.

(x) Protect health and the environment

The terms “protect health and the environment” and “protection of health and

the environment” mean protection against

any unreasonable adverse effects on the

environment.
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(y) Registrant

The term “registrant” means a person

who has registered any pesticide pursuant

to the provisions of this subchapter.

(z) Registration

The term “registration” includes

reregistration.

(aa) State

The term “State” means a State, the

District of Columbia, the Commonwealth

of Puerto Rico, the Virgin Islands, Guam,

the Trust Territory of the Pacific Islands,

and American Samoa.

(bb) Unreasonable adverse effects on the

environment

The term “unreasonable adverse effects

on the environment” means

(1) any unreasonable risk to man or the

environment, taking into account the

economic, social, and environmental

costs and benefits of the use of any

pesticide, or

(2) a human dietary risk from residues

that result from a use of a pesticide in

or on any food inconsistent with the

standard under section 346a of title 21.

The Administrator shall consider the

risks and benefits of public health

pesticides separate from the risks and

benefits of other pesticides. In weighing

any regulatory action concerning a

public health pesticide under this

subchapter, the Administrator shall

weigh any risks of the pesticide against

the health risks such as the diseases

transmitted by the vector to be controlled by the pesticide.

(cc) Weed

The term “weed” means any plant which

grows where not wanted.

(dd) Establishment

The term “establishment” means any

place where a pesticide or device or

active ingredient used in producing a

pesticide is produced, or held, for distribution or sale.

(ee) To use any registered pesticide in a

manner inconsistent with its labeling

The term “to use any registered pesticide

in a manner inconsistent with its labeling”

means to use any registered pesticide in a

manner not permitted by the labeling,

except that the term shall not include (1)

applying a pesticide at any dosage,

concentration, or frequency less than that

specified on the labeling unless the

labeling specifically prohibits deviation

from the specified dosage, concentration,

or frequency, (2) applying a pesticide

against any target pest not specified on

the labeling if the application is to the

crop, animal, or site specified on the

labeling, unless the Administrator has

required that the labeling specifically state

that the pesticide may be used only for

the pests specified on the labeling after

the Administrator has determined that the

use of the pesticide against other pests

would cause an unreasonable adverse

effect on the environment, (3) employing

any method of application not prohibited

by the labeling unless the labeling specifically states that the product may be

applied only by the methods specified on

the labeling, (4) mixing a pesticide or

pesticides with a fertilizer when such
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mixture is not prohibited by the labeling,

(5) any use of a pesticide in conformance

with section 136c, 136p, or 136v of this

title, or (6) any use of a pesticide in a

manner that the Administrator determines

to be consistent with the purposes of this

subchapter. After March 31, 1979, the

term shall not include the use of a pesticide for agricultural or forestry purposes

at a dilution less than label dosage unless

before or after that date the Administrator

issues a regulation or advisory opinion

consistent with the study provided for in

section 27(b) of the Federal Pesticide Act

of 1978, which regulation or advisory

opinion specifically requires the use of

definite amounts of dilution.

(ff) Outstanding data requirement

(1) In general

The term “outstanding data requirement” means a requirement for any

study, information, or data that is

necessary to make a determination

under section 136a(c)(5) of this title and

which study, information, or data -

(A) has not been submitted to the

Administrator; or

(B) if submitted to the Administrator,

the Administrator has determined must

be resubmitted because it is not valid,

complete, or adequate to make a

determination under section 136a(c)(5)

of this title and the regulations and

guidelines issued under such section.

(2) Factors

In making a determination under

paragraph (1)(B) respecting a study, the

Administrator shall examine, at a

minimum, relevant protocols, documentation of the conduct and analysis of the

study, and the results of the study to

determine whether the study and the

results of the study fulfill the data

requirement for which the study was

submitted to the Administrator.

(gg) To distribute or sell

The term “to distribute or sell” means to

distribute, sell, offer for sale, hold for

distribution, hold for sale, hold for shipment, ship, deliver for shipment, release

for shipment, or receive and (having so

received) deliver or offer to deliver. The

term does not include the holding or

application of registered pesticides or use

dilutions thereof by any applicator who

provides a service of controlling pests

without delivering any unapplied pesticide

to any person so served.

(hh) Nitrogen stabilizer The term “nitrogen stabilizer” means any substance or

mixture of substances intended for

preventing or hindering the process of

nitrification, denitrification, ammonia

volatilization, or urease production through

action upon soil bacteria. Such term shall

not include -

(1) dicyandiamide;

(2) ammonium thiosulfate; or

(3) any substance or mixture of substances. – 2

(A) that was not registered pursuant

to section 136a of this title prior to

January 1, 1992; and

(B) that was in commercial agronomic

use prior to January 1, 1992, with
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respect to which after January 1,

1992, the distributor or seller of the

substance or mixture has made no

specific claim of prevention or hindering of the process of nitrification,

denitrification, ammonia volatilization 3

urease production regardless of the

actual use or purpose for, or future use

or purpose for, the substance or

mixture. Statements made in materials

required to be submitted to any State

legislative or regulatory authority, or

required by such authority to be

included in the labeling or other

literature accompanying any such

substance or mixture shall not be

deemed a specific claim within the

meaning of this subsection.

(ii) 4

(jj) Maintenance applicator

The term “maintenance applicator”

means any individual who, in the principal

course of such individual’s employment,

uses, or supervises the use of, a pesticide

not classified for restricted use (other

than a ready to use consumer products

pesticide); for the purpose of providing

structural pest control or lawn pest

control including janitors, general maintenance personnel, sanitation personnel, and

grounds maintenance personnel. The term

“maintenance applicator” does not include

private applicators as defined in subsection (e)(2) of this section; individuals who

use antimicrobial pesticides, sanitizers or

disinfectants; individuals employed by

Federal, State, and local governments or

any political subdivisions thereof, or

individuals who use pesticides not classified for restricted use in or around their

homes, boats, sod farms, nurseries,

greenhouses, or other noncommercial

property.

(kk) Service technician

The term “service technician” means any

individual who uses or supervises the use

of pesticides (other than a ready to use

consumer products pesticide) for the

purpose of providing structural pest

control or lawn pest control on the

property of another for a fee. The term

“service technician” does not include

individuals who use antimicrobial pesticides, sanitizers or disinfectants; or who

otherwise apply ready to use consumer

products pesticides.

(ll) Minor use

The term “minor use” means the use of a

pesticide on an animal, on a commercial

agricultural crop or site, or for the protection of public health where -

(1) the total United States acreage for

the crop is less than 300,000 acres, as

determined by the Secretary of Agriculture; or

(2) the Administrator, in consultation

with the Secretary of Agriculture,

determines that, based on information

provided by an applicant for registration

or a registrant, the use does not provide

sufficient economic incentive to support

the initial registration or continuing

registration of a pesticide for such use

and -

(A) there are insufficient efficacious

alternative registered pesticides

available for the use;
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(B) the alternatives to the pesticide

use pose greater risks to the environment or human health;

(C) the minor use pesticide plays or

will play a significant part in managing

pest resistance; or

(D) the minor use pesticide plays or

will play a significant part in an

integrated pest management program.

The status as a minor use under this

subsection shall continue as long as

the Administrator has not determined

that, based on existing data, such use

may cause an unreasonable adverse

effect on the environment and the use

otherwise qualifies for such status.

(mm) Antimicrobial pesticide

(1) In general

 The term “antimicrobial pesticide” means

a pesticide that -

(A) is intended to -

(i) disinfect, sanitize, reduce, or

mitigate growth or development of

microbiological organisms; or

(ii) protect inanimate objects, industrial processes or systems, surfaces,

water, or other chemical substances

from contamination, fouling, or

deterioration caused by bacteria,

viruses, fungi, protozoa, algae, or

slime; and

(B) in the intended use is exempt

from, or otherwise not subject to, a

tolerance under section 346a of title 21

or a food additive regulation under

section 348 of title 21.

(2) Excluded products

The term “antimicrobial pesticide” does

not include

(A) a wood preservative or antifouling

paint product for which a claim of

pesticidal activity other than or in

addition to an activity described in

paragraph (1) is made;

(B) an agricultural fungicide product;

or

(C) an aquatic herbicide product.

(3) Included products

The term “antimicrobial pesticide” does

include any other chemical sterilant

product (other than liquid chemical

sterilant products exempt under subsection (u) of this section), any other

disinfectant product, any other industrial

microbiocide product, and any other

preservative product that is not excluded by paragraph (2).

(nn) Public health pesticide

The term “public health pesticide” means

any minor use pesticide product registered for use and used predominantly in

public health programs for vector control

or for other recognized health protection

uses, including the prevention or mitigation of viruses, bacteria, or other microorganisms (other than viruses, bacteria, or

other microorganisms on or in living man

or other living animal) that pose a threat

to public health.

(oo) Vector

The term “vector” means any organism

capable of transmitting the causative

agent of human disease or capable of

producing human discomfort or injury,
598 General Laws

including mosquitoes, flies, fleas, cockroaches, or other insects and ticks, mites,

or rats. (7 U.S.C. 136)

1

 Section 321 of title 21, referred to in

subsec. (u), was subsequently amended,

and subsecs. (w) and (x) of section 321

no longer define the terms “new animal

drug” and “animal feed”, respectively.

However, such terms are defined elsewhere in that section.

2

 So in original. Period probably should

not appear.

3

 So in original. Probably should be

followed by “, or”.

4

 So in original. No subsec. (ii) was

enacted.

***

Use of restricted use pesticides;

applicators

Sec. 11 (a) Certifified producer.—

(1) Federal certification.—In any State

for which a State plan for applicator

certification has not been approved by

the Administrator, the Administrator, in

consultation with the Governor of such

State, shall conduct a program for the

certification of applicators of pesticides.

Such program shall conform to the

requirements imposed upon the States

under the provisions of subsection (a)(2)

of this section and shall not require

private applicators to take any examination to establish competency in the use

of pesticides. Prior to the implementation of the program, the Administrator

shall publish in the Federal Register for

review and comment a summary of the

Federal plan for applicator certification

and shall make generally available

within the State copies of the plan. The

Administrator shall hold public hearings

at one or more locations within the State

if so requested by the Governor of such

State during the thirty days following

publication of the Federal Register

notice inviting comment on the Federal

plan. The hearings shall be held within

thirty days following receipt of the

request from the Governor. In any State

in which the Administrator conducts a

certification program, the Administrator

may require any person engaging in the

commercial application, sale, offering

for sale, holding for sale, or distribution

of any pesticide one or more uses of

which have been classified for restricted use to maintain such records

and submit such reports concerning the

commercial application, sale, or distribution of such pesticide as the Administrator may be regulation prescribe. Subject

to paragraph (2), the Administrator shall

prescribe standards for the certification

of applicators of pesticides. Such

standards shall provide that to be

certified, an individual must be determined to be competent with respect to

the use and handling of pesticides, or to

the use and handling of the pesticide or

class of pesticides covered by such

individual’s certification. The certification standard for a private applicator

shall, under a State plan submitted for

approval, be deemed fulfilled by the

applicator completing a certification

form. The Administrator shall further

assure that such form contains adequate

information and affirmations to carry
General Laws 599

out the intent of this Act, and may

include in the form an affirmation that

the private applicator has completed a

training program approved by the

Administrator so long as the program

does not require the private applicator to

take, pursuant to a requirement prescribed by the Administrator, any

examination to establish competency in

the use of the pesticide. The Administrator may require any pesticide dealer

participating in a certification program

to be licensed under a State licensing

program approved by the Administrator.

(2) State certification.—If any State, at

any time, desires to certify applicators

of pesticides, the Governor of such

State shall submit a State plan for such

purpose. The Administrator shall

approve the plan submitted by any

State, or any modification thereof, if

such plan in the Administrator’s judgment—

(A) designates a State agency as the

agency responsible for administering

the plan throughout the State;

(B) contains satisfactory assurances

that such agency has or will have the

legal authority and qualified personnel

necessary to carry out the plan;

(C) gives satisfactory assurances that

the State will de-vote adequate funds

to the administration of the plan;

(D) provides that the State agency will

make such re-ports to the Administrator in such form and containing such

information as the Administrator may

from time to time require; and

(E) contains satisfactory assurances

that State standards for the certification of applicators of pesticides

conform with those standards prescribed by the Administrator under

paragraph (1). Any State certification

program under this section shall be

maintained in accordance with the

State plan approved under this section.

(b) State plans.—If the Administrator

rejects a plan submitted under subsection

(a)(2), the Administrator shall afford the

State submitting the plan due notice and

opportunity for hearing before so doing. If

the Administrator approves a plan submitted under subsection (a)(2), then such

State shall certify applicators of pesticides

with respect to such State. Whenever the

Administrator determines that a State is

not administering the certification program in accordance with the plan approved under this section, the Administrator shall so notify the State and provide

for a hearing at the request of the State,

and, if appropriate corrective action is not

taken within a reasonable time, not to

exceed ninety days, the Administrator

shall withdraw approval of such plan.

(c) Instruction in integrated pest management techniques .—Standards prescribed

by the Administrator for the certification

of applicators of pesticides under subsection (a), and the State plans submitted to

the Administrator under subsection (a),

shall include provisions for making

instructional materials concerning integrated pest management techniques

available to individuals at their request in

accordance with the provisions of section

23(c) of this Act, but such plans may not
600 General Laws

require that any individual receive instruction concerning such techniques or be

shown to be competent with respect to

the use of such techniques. The Administrator and States implementing such plans

shall provide that all interested individuals

are notified of the availability of such

instructional materials.

(d) In general.—No regulations prescribed by the Administrator for carrying

out the provisions of this Act shall require

any private applicator to maintain any

records or file any reports or other

documents.

(e) Seperate standards.—When establishing or approving standards for licensing or

certification, the Administrator shall

establish separate standards for commercial and private applicators. (7 U.S.C.

136i)

 Unlawful acts

Sec. 12 (a) In general.—

(1) Except as provided by subsection

(b), it shall be unlawful for any person in

any State to distribute or sell to any

person—

(A) any pesticide that is not registered

under section 3 or whose registration

has been canceled or suspended,

except to the extent that distribution or

sale otherwise has been authorized by

the Administrator under this Act;

(B) any registered pesticide if any

claims made for it as a part of its

distribution or sale substantially differ

from any claims made for it as a part

of the statement required in connection with its registration under section

3;

(C) any registered pesticide the

composition of which differs at the

time of its distribution or sale from its

composition as described in the

statement required in connection with

its registration under section 3;

(D) any pesticide which has not been

colored or discolored pursuant to the

provisions of section 25(c)(5);

(E) any pesticide which is adulterated

or misbranded; or

(F) any device which is misbranded.

(2) It shall be unlawful for any person—

(A) to detach, alter, deface, or destroy,

in whole or in part, any labeling

required under this Act;

(B) to refuse to—

(i) prepare, maintain, or submit any

records required by or under section

5, 7, 8, 11, or 19;

(ii) submit any reports required by or

under section 5, 6, 7, 8, 11, or 19; or

(iii) allow any entry, inspection,

copying of records, or sampling

authorized by this Act;

(C) to give a guaranty or undertaking

provided for in subsection (b) which is

false in any particular, except that a

person who receives and relies upon a

guaranty authorized under subsection

(b) may give a guaranty to the same

effect, which guaranty shall contain, in

addition to the per-son’s own name

and address, the name and address of
General Laws 601

the person residing in the United

States from whom the person received

the guaranty or undertaking;

(D) to use for the person’s own

advantage or to reveal, other than to

the Administrator, or officials or

employees of the Environmental

Protection Agency or other Federal

executive agencies, or to the courts, or

to physicians, pharmacists, and other

qualified persons, needing such

information for the performance of

their duties, in accordance with such

directions as the Administrator may

prescribe, any information acquired by

authority of this Act which is confidential under this Act;

(E) who is a registrant, wholesaler,

dealer, retailer, or other distributor to

advertise a product registered under

this Act for restricted use without

giving the classification of the product

assigned to it under section 3;

(F) to distribute or sell, or to make

available for use, or to use, any

registered pesticide classified for

restricted use for some or all purposes

other than in accordance with section

3(d) and any regulations thereunder,

except that it shall not be unlawful to

sell, under regulations issued by the

Administrator, a restricted use pesticide to a person who is not a certified

applicator for application by a certified

applicator;

(G) to use any registered pesticide in a

manner inconsistent with its labeling;

(H) to use any pesticide which is

under an experimental use permit

contrary to the provisions of such

permit;

(I) to violate any order issued under

section 13;

(J) to violate any suspension order

issued under section 3(c)(2)(B), 4, or

6;

(K) to violate any cancellation order

issued under this Act or to fail to

submit a notice in accordance with

section 6(g);

(L) who is a producer to violate any of

the provisions of section 7;

(M) to knowingly falsify all or part of

any application for registration,

application for experimental use

permit, any information submitted to

the Administrator pursuant to section

7, any records required to be maintained pursuant to this Act, any report

filed under this Act, or any information

marked as confidential and submitted

to the Administrator under any provision of this Act;

(N) who is a registrant, wholesaler,

dealer, retailer, or other distributor to

fail to file reports required by this Act;

(O) to add any substance to, or take

any substance from, any pesticide in a

manner that may defeat the purpose

of this Act;

(P) to use any pesticide in tests on

human beings un-less such human

beings (i) are fully informed of the

nature and purposes of the test and of

any physical and mental health consequences which are reasonably fore-
602 General Laws

seeable there from, and (ii) freely

volunteer to participate in the test;

(Q) to falsify all or part of any information relating to the testing of any

pesticide (or any ingredient, metabolite, or degradation product thereof),

including the nature of any protocol,

procedure, substance, organism, or

equipment used, observation made, or

conclusion or opinion formed, submitted to the Administrator, or that the

person knows will be furnished to the

Administrator or will become a part of

any records required to be maintained

by this Act;

(R) to submit to the Administrator data

known to be false in support of a

registration; or

(S) to violate any regulation issued

under section 3(a)or 19.

(b)Exemptions.—The penalties provided

for a violation of paragraph (1) of subsection (a) shall not apply to—

(1) any person who establishes a

guaranty signed by, and containing the

name and address of, the registrant or

person residing in the United States

from whom the person purchased or

received in good faith the pesticide in

the same unbroken package, to the

effect that the pesticide was lawfully

registered at the time of sale and

delivery to the person, and that it

complies with the other requirements of

this Act, and in such case the guarantor

shall be subject to the penalties which

would otherwise attach to the person

holding the guaranty under the provisions of this Act;

(2) any carrier while lawfully shipping,

transporting, or delivering for shipment

any pesticide or device, if such carrier

upon request of any officer or employee

duly designated by the Administrator

shall permit such officer or employee to

copy all of its records concerning such

pesticide or device;

(3) any public official while engaged in

the performance of the official duties of

the public official;

(4) any person using or possessing any

pesticide as pro-vided by an experimental use permit in effect with respect to

such pesticide and such use or possession; or

(5) any person who ships a substance or

mixture of sub-stances being put

through tests in which the purpose is

only to determine its value for pesticide

purposes or to determine its toxicity or

other properties and from which the

user does not expect to receive any

benefit in pest control from its use. (7

U.S.C. 136j)

Stop sale, use, removal, and seizure

Sec. 13 (a) Stop, sale, etc., orders.—

Whenever any pesticide or device is

found by the Administrator in any State

and there is reason to believe on the basis

of inspection or tests that such pesticide

or device is in violation of any of the

provisions of this Act, or that such

pesticide or device has been or is intended to be distributed or sold in violation

of any such provisions, or when the

registration of the pesticide has been

canceled by a final order or has been
General Laws 603

suspended, the Administrator may issue a

written or printed “stop sale, use, or

removal” order to any person who owns,

controls, or has custody of such pesticide

or device, and after receipt of such order

no person shall sell, use, or remove the

pesticide or device described in the order

except in accordance with the provisions

of the order.

(b) Seizure.—Any pesticide or device

that is being transported or, having been

transported, remains unsold or in original

unbroken packages, or that is sold or

offered for sale in any State, or that is

imported from a foreign country, shall be

liable to be proceeded against in any

district court in the district where it is

found and seized for confiscation by a

process in rem for condemnation if—

(1) in the case of a pesticide—

(A) it is adulterated or misbranded;

(B) it is not registered pursuant to the

provisions of section 3;

(C) its labeling fails to bear the

information required by this Act;

(D) it is not colored or discolored and

such coloring or discoloring is required

under this Act; or

(E) any of the claims made for it or

any of the directions for its use differ

in substance from the representations

made in connection with its registration;

(2) in the case of a device, it is misbranded; or

(3) in the case of a pesticide or device,

when used in accordance with the

requirements imposed under this Act

and as directed by the labeling, it

nevertheless causes unreasonable

adverse effects on the environment. In

the case of a plant regulator, defoliant,

or desiccant, used in accordance with

the label claims and recommendations,

physical or physiological effects on

plants or parts thereof shall not be

deemed to be injury, when such effects

are the purpose for which the plant

regulator, defoliant, or desiccant was

applied.

(c) Disposition after condemnation.—If

the pesticide or device is condemned it

shall, after entry of the decree, be disposed of by destruction or sale as the

court may direct and the proceeds, if sold,

less the court costs, shall be paid into the

Treasury of the United States, but the

pesticide or device shall not be sold

contrary to the provisions of this Act or

the laws of the jurisdiction in which it is

sold. On payment of the costs of the

condemnation proceedings and the

execution and delivery of a good and

sufficient bond conditioned that the

pesticide or device shall not be sold or

otherwise disposed of contrary to the

provisions of the Act or the laws of any

jurisdiction in which sold, the court may

direct that such pesticide or device be

delivered to the owner thereof. The

proceedings of such condemnation cases

shall conform, as near as may be to the

proceedings in admiralty, except that

either party may demand trial by jury of

any issue of fact joined in any case, and

all such proceedings shall be at the suit of

and in the name of the United States.
604 General Laws

(d) Cour costs, etc.—When a decree of

condemnation is entered against the

pesticide or device, court costs and fees,

storage, and other proper expenses shall

be awarded against the person, if any,

intervening as claimant of the pesticide or

device. (7 U.S.C. 136k)

Penalties

Sec. 14 (a) Civil penalties

(1) In general

Any registrant, commercial applicator,

wholesaler, dealer, retailer, or other

distributor who violates any provision of

this subchapter may be assessed a civil

penalty by the Administrator of not

more than $5,000 for each offense.

(2) Private applicator

Any private applicator or other person

not included in paragraph (1) who

violates any provision of this subchapter

subsequent to receiving a written

warning from the Administrator or

following a citation for a prior violation,

may be assessed a civil penalty by the

Administrator of not more than $1,000

for each offense, except that any

applicator not included under paragraph

(1) of this subsection who holds or

applies registered pesticides, or uses

dilutions of registered pesticides, only to

provide a service of controlling pests

without delivering any unapplied pesticide to any person so served, and who

violates any provision of this subchapter

may be assessed a civil penalty by the

Administrator of not more than $500 for

the first offense nor more than $1,000

for each subsequent offense.

(3) Hearing

No civil penalty shall be assessed unless

the person charged shall have been

given notice and opportunity for a

hearing on such charge in the county,

parish, or incorporated city of the

residence of the person charged.

(4) Determination of penalty

In determining the amount of the

penalty, the Administrator shall consider

the appropriateness of such penalty to

the size of the business of the person

charged, the effect on the person’s

ability to continue in business, and the

gravity of the violation. Whenever the

Administrator finds that the violation

occurred despite the exercise of due

care or did not cause significant harm to

health or the environment, the Administrator may issue a warning in lieu of

assessing a penalty.

(5) References to Attorney General

In case of inability to collect such civil

penalty or failure of any person to pay

all, or such portion of such civil penalty

as the Administrator may determine, the

Administrator shall refer the matter to

the Attorney General, who shall recover

such amount by action in the appropriate United States district court.

(b) Criminal penalties

(1) In general

(A) Any registrant, applicant for a

registration, or producer who knowingly violates any provision of this

subchapter shall be fined not more

than $50,000 or imprisoned for not
General Laws 605

more than 1 year, or both.

(B) Any commercial applicator of a

restricted use pesticide, or any other

person not described in subparagraph

(A) who distributes or sells pesticides

or devices, who knowingly violates

any provision of this subchapter shall

be fined not more than $25,000 or

imprisoned for not more than 1 year,

or both.

(2) Private applicator Any private

applicator or other person not included

in paragraph (1) who knowingly violates

any provision of this subchapter shall be

guilty of a misdemeanor and shall on

conviction be fined not more than

$1,000, or imprisoned for not more than

30 days, or both.

(3) Disclosure of information Any

person, who, with intent to defraud, uses

or reveals information relative to

formulas of products acquired under the

authority of section 136a of this title,

shall be fined not more than $10,000, or

imprisoned for not more than three

years, or both.

(4) Acts of officers, agents, etc. When

construing and enforcing the provisions

of this subchapter, the act, omission, or

failure of any officer, agent, or other

person acting for or employed by any

person shall in every case be also

deemed to be the act, omission, or

failure of such person as well as that of

the person employed. (7 U.S.C. 136l)

Indemnities

Sec. 15 (a) General indemnification

(1) In general

Except as otherwise provided in this

section, if -

(A) the Administrator notifies a

registrant under section 136d(c)(1) of

this title that the Administrator intends

to suspend a registration or that an

emergency order of suspension of a

registration under section 136d(c)(3)

of this title has been issued;

(B) the registration in question is

suspended under section 136d(c) of

this title, and thereafter is canceled

under section 136d(b), 136d(d), or

136d(f) of this title; and

(C) any person who owned any

quantity of the pesticide immediately

before the notice to the registrant

under subparagraph (A) suffered

losses by reason of suspension or

cancellation of the registration; the

Administrator shall make an indemnity

payment to the person.

(2) Exception

Paragraph (1) shall not apply if the

Administrator finds that the person -

(A) had knowledge of facts that, in

themselves, would have shown that

the pesticide did not meet the requirements of section 136a(c)(5) of this title

for registration; and

(B) continued thereafter to produce

the pesticide without giving timely

notice of such facts to the Administrator.

(3) Report

If the Administrator takes an action
606 General Laws

under paragraph (1) that requires the

payment of indemnification, the Administrator shall report to the Committee on

Agriculture of the House of Representatives, the Committee on Agriculture,

Nutrition, and Forestry of the Senate,

and the Committees on Appropriations

of the House of Representatives and

the Senate on -

(A) the action taken that requires the

payment of indemnification;

(B) the reasons for taking the action;

(C) the estimated cost of the payment;

and

(D) a request for the appropriation of

funds for the payment.

(4) Appropriation

The Administrator may not make a

payment of indemnification under

paragraph (1) unless a specific line item

appropriation of funds has been made in

advance for the payment.

(b) Indemnification of end users, dealers,

and distributors

(1) End users

If -

(A) the Administrator notifies a

registrant under section 136d(c)(1) of

this title that the Administrator intends

to suspend a registration or that an

emergency order of suspension of a

registration under section 136d(c)(3)

of this title has been issued;

(B) the registration in question is

suspended under section 136d(c) of

this title, and thereafter is canceled

under section 136d(b), 136d(d), or

136d(f) of this title; and

(C) any person who, immediately

before the notice to the registrant

under subparagraph (A), owned any

quantity of the pesticide for purposes

of applying or using the pesticide as an

end user, rather than for purposes of

distributing or selling it or further

processing it for distribution or sale,

suffered a loss by reason of the

suspension or cancellation of the

pesticide;

the person shall be entitled to an

indemnity payment under this subsection for such quantity of the pesticide.

(2) Dealers and distributors

(A) Any registrant, wholesaler, dealer,

or other distributor (hereinafter in this

paragraph referred to as a “seller”) of

a registered pesticide who distributes

or sells the pesticide directly to any

person not described as an end user in

paragraph (1)(C) shall, with respect to

any quantity of the pesticide that such

person cannot use or resell as a result

of the suspension or cancellation of

the pesticide, reimburse such person

for the cost of first acquiring the

pesticide from the seller (other than

the cost of transportation, if any),

unless the seller provided to the person

at the time of distribution or sale a

notice, in writing, that the pesticide is

not subject to reimbursement by the

seller.

(B) If -

(i) the Administrator notifies a

registrant under section 136d(c)(1)
General Laws 607

of this title that the Administrator

intends to suspend a registration or

that an emergency order of suspension of a registration under section

136d(c)(3) of this title has been

issued;

(ii) the registration in question is

suspended under section 136d(c) of

this title, and thereafter is canceled

under section 136d(b), 136d(d), or

136d(f) of this title;

(iii) any person who, immediately

before the notice to the registrant

under clause (i) -

(I) had not been notified in writing

by the seller, as provided under

subparagraph (A), that any quantity

of the pesticide owned by such

person is not subject to reimbursement by the seller in the event of

suspension or

cancellation of the pesticide; and

(II) owned any quantity of the

pesticide for purposes of -

(aa) distributing or selling it; or

(bb) further processing it for

distribution or sale directly to an

end user;

suffered a loss by reason of the

suspension or cancellation of the

pesticide; and

(iv) the Administrator determines on

the basis of a claim of loss submitted

to the Administrator by the person,

that the seller -

(I) did not provide the notice

specified in subparagraph (A) to

such person; and

(II) is and will continue to be

unable to provide reimbursement to

such person, as provided under

subparagraph (A), for the loss

referred to in clause (iii), as a result

of the insolvency or bankruptcy of

the seller and the seller’s resulting

inability to provide such reimbursement; the person shall be entitled to

an indemnity payment under this

subsection for such quantity of the

pesticide.

(C) If an indemnity payment is made

by the United States under this

paragraph, the United States shall be

subrogated to any right that would

otherwise be held under this paragraph

by a seller who is unable to make a

reimbursement in accordance with this

paragraph with regard to reimbursements that otherwise would have been

made by the seller.

(3) Source

Any payment required to be made

under paragraph (1) or (2) shall be

made from the appropriation provided

under section 1304 of title 31.

(4) Administrative settlement

An administrative settlement of a claim

for such indemnity may be made in

accordance with the third paragraph of

section 2414 of title 28 and shall be

regarded as if it were made under that

section for purposes of section 1304 of

title 31.

(c) Amount of payment

(1) In general
608 General Laws

The amount of an indemnity payment

under subsection (a) or (b) of this

section to any person shall be determined on the basis of the cost of the

pesticide owned by the person (other

than the cost of transportation, if any)

immediately before the issuance of the

notice to the registrant referred to in

subsection (a)(1)(A), (b)(1)(A), or

(b)(2)(B)(i) of this section, except that

in no event shall an indemnity payment

to any person exceed the fair market

value of the pesticide owned by the

person immediately before the issuance

of the notice.

(2) Special rule

Notwithstanding any other provision of

this subchapter, the Administrator may

provide a reasonable time for use or

other disposal of the pesticide. In

determining the quantity of any pesticide

for which indemnity shall be paid under

this section, proper adjustment shall be

made for any pesticide used or otherwise disposed of by the owner. (7

U.S.C. 136m)

***

Exemption of Federal and State

agencies

Sec. 18 The Administrator may, at the

Administrator’s discretion, exempt any

Federal or State agency from any provision of this Act if the Administrator

determines that emergency conditions

exist which require such exemption. The

Administrator, in determining whether or

not such emergency conditions exist, shall

consult with the Secretary of Agriculture

and the Governor of any State concerned

if they request such determination. (7

U.S.C. 136p)
General Laws 609

Federal Water Pollution Control Act

June 30, 1948 (Ch. 758, 62 Stat. 1155; 33 U.S.C. 1251 to

1263, 1265 to 1270, 1281 to 1299, 1311 to 1326, 1328 to 1330,

1341 to 1345, 1361 to 1371, 1251 note, 1372 to 1377, 1251

note, 1381 to 1387)

Title I - Research and Related

Programs

Congressional declaration of goals

and policy

Sec. 101 (a) Restoration and maintenance of chemical, physical and biological

integrity of Nation’s waters; national

goals for achievement of objective

The objective of this chapter is to restore

and maintain the chemical, physical, and

biological integrity of the Nation’s waters.

In order to achieve this objective it is

hereby declared that, consistent with the

provisions of this chapter -

(1) it is the national goal that the discharge of pollutants into the navigable

waters be eliminated by 1985:

(2) it is the national goal that wherever

attainable, an interim goal of water

quality which provides for the protection

and propagation of fish, shellfish, and

wildlife and provides for recreation in

and on the water be achieved by July 1,

1983:

(3) it is the national policy that the

discharge of toxic pollutants in toxic

amounts be prohibited:

(4) it is the national policy that Federal

financial assistance be provided to

construct publicly owned waste treatment works:

(5) it is the national policy that areawide

waste treatment management planning

processes be developed and implemented to assure adequate control of

sources of pollutants in each State:

(6) it is the national policy that a major

research and demonstration effort be

made to develop technology necessary

to eliminate the discharge of pollutants

into the navigable waters, waters of the

contiguous zone, and the oceans; and

(7) it is the national policy that programs

for the control of nonpoint sources of

pollution be developed and implemented

in an expeditious manner so as to enable

the goals of this chapter to be met

through the control of both point and

nonpoint sources of pollution.

(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States

It is the policy of the Congress to recognize, preserve, and protect the primary

responsibilities and rights of States to

prevent, reduce, and eliminate pollution, to

plan the development and use (including

restoration, preservation, and enhancement) of land and water resources, and to
610 General Laws

consult with the Administrator in the

exercise of his authority under this

chapter. It is the policy of Congress that

the States manage the construction grant

program under this chapter and implement the permit programs under sections

1342 and 1344 of this title. It is further the

policy of the Congress to support and aid

research relating to the prevention,

reduction, and elimination of pollution and

to provide Federal technical services and

financial aid to State and interstate

agencies and municipalities in connection

with the prevention, reduction, and

elimination of pollution.

(c) Congressional policy toward Presidential activities with foreign countries

It is further the policy of Congress that

the President, acting through the Secretary of State and such national and

international organizations as he determines appropriate, shall take such action

as may be necessary to insure that to the

fullest extent possible all foreign countries

shall take meaningful action for the

prevention, reduction, and elimination of

pollution in their waters and in international waters and for the achievement of

goals regarding the elimination of discharge of pollutants and the improvement

of water quality to at least the same

extent as the United States does under its

laws.

(d) Administrator of Environmental

Protection Agency to administer chapter

Except as otherwise expressly provided in

this chapter, the Administrator of the

Environmental Protection Agency (hereinafter in this chapter called “Administrator”) shall administer this chapter.

(e) Public participation in development,

revision, and enforcement of any regulation, etc.

Public participation in the development,

revision, and enforcement of any regulation, standard, effluent limitation, plan, or

program established by the Administrator

or any State under this chapter shall be

provided for, encouraged, and assisted by

the Administrator and the States. The

Administrator, in cooperation with the

States, shall develop and publish regulations specifying minimum guidelines for

public participation in such processes.

(f) Procedures utilized for implementing

chapter

It is the national policy that to the maximum extent possible the procedures

utilized for implementing this chapter shall

encourage the drastic minimization of

paperwork and interagency decision

procedures, and the best use of available

manpower and funds, so as to prevent

needless duplication and unnecessary

delays at all levels of government.

(g) Authority of States over water

It is the policy of Congress that the

authority of each State to allocate quantities of water within its jurisdiction shall

not be superseded, abrogated or otherwise impaired by this chapter. It is the

further policy of Congress that nothing in

this chapter shall be construed to supersede or abrogate rights to quantities of

water which have been established by

any State. Federal agencies shall cooperate with State and local agencies to
General Laws 611

develop comprehensive solutions to

prevent, reduce and eliminate pollution in

concert with programs for managing

water resources. (33 U.S.C. 1251)

***

Research, investigations, training,

and information

Sec. 104

***

(l) Collection and dissemination of scientific knowledge on effects and control of

pesticides in water

(1) The Administrator shall, after

consultation with appropriate local,

State, and Federal agencies, public and

private organizations, and interested

individuals, as soon as practicable but

not later than January 1, 1973, develop

and issue to the States for the purpose

of carrying out this chapter the latest

scientific knowledge available in indicating the kind and extent of effects on

health and welfare which may be

expected from the presence of pesticides in the water in varying quantities.

He shall revise and add to such information whenever necessary to reflect

developing scientific knowledge.

(2) The President shall, in consultation

with appropriate local, State, and

Federal agencies, public and private

organizations, and interested individuals,

conduct studies and investigations of

methods to control the release of

pesticides into the environment which

study shall include examination of the

persistency of pesticides in the water

environment and alternatives thereto.

The President shall submit reports, from

time to time, on such investigations to

Congress together with his recommendations for any necessary legislation.

***

(n) Comprehensive studies of effects of

pollution on estuaries and estuarine zones

(1) The Administrator shall, in cooperation with the Secretary of the Army, the

Secretary of Agriculture, the Water

Resources Council, and with other

appropriate Federal, State, interstate, or

local public bodies and private organizations, institutions, and individuals,

conduct and promote, and encourage

contributions to, continuing comprehensive studies of the effects of pollution,

including sedimentation, in the estuaries

and estuarine zones of the United States

on fish and wildlife, on sport and

commercial fishing, on recreation, on

water supply and water power, and on

other beneficial purposes. Such studies

shall also consider the effect of demographic trends, the exploitation of

mineral resources and fossil fuels, land

and industrial development, navigation,

flood and erosion control, and other uses

of estuaries and estuarine zones upon

the pollution of the waters therein.

(2) In conducting such studies, the

Administrator shall assemble, coordinate, and organize all existing pertinent

information on the Nation’s estuaries

and estuarine zones; carry out a program of investigations and surveys to

supplement existing information in

representative estuaries and estuarine
612 General Laws

zones; and identify the problems and

areas where further research and study

are required.

(3) [Amended by Pub. L. 107-303, sec.

302(b)(1), 116 Stat. 2361.] (2) Applicability.—The (NOTE: 33 U.S.C. 1254

note) Federal Water Pollution Control

Act (33 U.S.C. 1254(n)(3)) shall be

applied and administered on and after

the date of enactment of this Act as if

the amendments made by subsections

(a), (b), (c), and (d) of section 501 of

the Federal Reports Elimination Act of

1998 (Public Law 105-362; 112 Stat.

3283) had not been enacted. For the

purpose of this subsection, the term

“estuarine zones” means an environmental system consisting of an estuary

and those transitional areas which are

consistently influenced or affected by

water from an estuary such as, but not

limited to, salt marshes, coastal and

intertidal areas, bays, harbors, lagoons,

inshore waters, and channels, and the

term “estuary” means all or part of the

mouth of a river or stream or other body

of water having unimpaired natural

connection with open sea and within

which the sea water is measurably

diluted with fresh water derived from

land drainage.

***

(p) Agricultural pollution

In carrying out the provisions of subsection (a) of this section the Administrator

shall, in cooperation with the Secretary of

Agriculture, other Federal agencies, and

the States, carry out a comprehensive

study and research program to determine

new and improved methods and the better

application of existing methods of preventing, reducing, and eliminating pollution

from agriculture, including the legal,

economic, and other implications of the

use of such methods. (33 U.S.C. 1254)

***

Federal facilities pollution control

Sec. 313 (a) Each department, agency,

or instrumentality of the executive,

legislative, and judicial branches of the

Federal Government (1) having jurisdiction over any property or facility, or (2)

engaged in any activity resulting, or which

may result, in the discharge or runoff of

pollutants, and each officer, agent, or

employee thereof in the performance of

his official duties, shall be subject to, and

comply with, all Federal, State, interstate,

and local requirements, administrative

authority, and process and sanctions

respecting the control and abatement of

water pollution in the same manner, and

to the same extent as any nongovernmental entity including the payment of reasonable service charges. The preceding

sentence shall apply (A) to any requirement whether substantive or procedural

(including any recordkeeping or reporting

requirement, any requirement respecting

permits and any other requirement,

whatsoever), (B) to the exercise of any

Federal, State, or local administrative

authority, and (C) to any process and

sanction, whether enforced in Federal,

State, or local courts or in any other

manner. This subsection shall apply

notwithstanding any immunity of such

agencies, officers, agents, or employees
General Laws 613

under any law or rule of law. Nothing in

this section shall be construed to prevent

any department, agency, or instrumentality of the Federal Government, or any

officer, agent, or employee thereof in the

performance of his official duties, from

removing to the appropriate Federal

district court any proceeding to which the

department, agency, or instrumentality or

officer, agent, or employee thereof is

subject pursuant to this section, and any

such proceeding may be removed in

accordance with section 1441 et seq. of

title 28. No officer, agent, or employee of

the United States shall be personally liable

for any civil penalty arising from the

performance of his official duties, for

which he is not otherwise liable, and the

United States shall be liable only for those

civil penalties arising under Federal law or

imposed by a State or local court to

enforce an order or the process of such

court. The President may exempt any

effluent source of any department,

agency, or instrumentality in the executive

branch from compliance with any such a

requirement if he determines it to be in

the paramount interest of the United

States to do so; except that no exemption

may be granted from the requirements of

section 1316 or 1317 of this title. No such

exemptions shall be granted due to lack of

appropriation unless the President shall

have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to

make available such requested appropriation. Any exemption shall be for a period

not in excess of one year, but additional

exemptions may be granted for periods of

not to exceed one year upon the

President’s making a new determination.

The President shall report each January

to the Congress all exemptions from the

requirements of this section granted

during the preceding calendar year,

together with his reason for granting such

exemption. In addition to any such

exemption of a particular effluent source,

the President may, if he determines it to

be in the paramount interest of the United

States to do so, issue regulations exempting from compliance with the requirements of this section any weaponry,

equipment, aircraft, vessels, vehicles, or

other classes or categories of property,

and access to such property, which are

owned or operated by the Armed Forces

of the United States (including the Coast

Guard) or by the National Guard of any

State and which are uniquely military in

nature. The President shall reconsider the

need for such regulations at three-year

intervals.

(b)(1) The Administrator shall coordinate

with the head of each department,

agency, or instrumentality of the Federal

Government having jurisdiction over any

property or facility utilizing federally

owned wastewater facilities to develop a

program of cooperation for utilizing

wastewater control systems utilizing those

innovative treatment processes and

techniques for which guidelines have

been promulgated under section

1314(d)(3) of this title. Such program

shall include an inventory of property and

facilities which could utilize such processes and techniques.

(2) Construction shall not be initiated for

facilities for treatment of wastewater at
614 General Laws

any Federal property or facility after

September 30, 1979, if alternative

methods for wastewater treatment at

such property or facility utilizing innovative treatment processes and techniques, including but not limited to

methods utilizing recycle and reuse

techniques and land treatment are not

utilized, unless the life cycle cost of the

alternative treatment works exceeds the

life cycle cost of the most cost effective

alternative by more than 15 per centum.

The Administrator may waive the

application of this paragraph in any case

where the Administrator determines it to

be in the public interest, or that compliance with this paragraph would interfere with the orderly compliance with

conditions of a permit issued pursuant to

section 1342 of this title. (33 U.S.C.

1323)

Clean lakes

Sec. 314 (a) Establishment and scope of

program

(1) State program requirements

Each State on a biennial basis shall

prepare and submit to the Administrator

for his approval –

(A) an identification and classification

according to eutrophic condition of all

publicly owned lakes in such State;

(B) a description of procedures,

processes, and methods (including land

use requirements), to control sources

of pollution of such lakes;

(C) a description of methods and

procedures, in conjunction with

appropriate Federal agencies, to

restore the quality of such lakes;

(D) methods and procedures to

mitigate the harmful effects of high

acidity, including innovative methods of

neutralizing and restoring buffering

capacity of lakes and methods of

removing from lakes toxic metals and

other toxic substances mobilized by

high acidity;

(E) a list and description of those

publicly owned lakes in such State for

which uses are known to be impaired,

including those lakes which are known

not to meet applicable water quality

standards or which require implementation of control programs to maintain

compliance with applicable standards

and those lakes in which water quality

has deteriorated as a result of high

acidity that may reasonably be due to

acid deposition; and

(F) an assessment of the status and

trends of water quality in lakes in such

State, including but not limited to, the

nature and extent of pollution loading

from point and nonpoint sources and

the extent to which the use of lakes is

impaired as a result of such pollution,

particularly with respect to toxic

pollution. (33 U.S.C. 1324)

***

Nonpoint source management

programs

Sec. 319 (a) State assessment reports

(1) Contents
General Laws 615

The Governor of each State shall, after

notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which -

(A) identifies those navigable waters

within the State which, without

additional action to control nonpoint

sources of pollution, cannot reasonably

be expected to attain or maintain

applicable water quality standards or

the goals and requirements of this

chapter;

(B) identifies those categories and

subcategories of nonpoint sources or,

where appropriate, particular nonpoint

sources which add significant pollution

to each portion of the navigable

waters identified under subparagraph

(A) in amounts which contribute to

such portion not meeting such water

quality standards or such goals and

requirements;

(C) describes the process, including

intergovernmental coordination and

public participation, for identifying best

management practices and measures

to control each category and subcategory of nonpoint sources and, where

appropriate, particular nonpoint

sources identified under subparagraph

(B) and to reduce, to the maximum

extent practicable, the level of pollution resulting from such category,

subcategory, or source; and

(D) identifies and describes State and

local programs for controlling pollution

added from nonpoint sources to, and

improving the quality of, each such

portion of the navigable waters,

including but not limited to those

programs which are receiving Federal

assistance under subsections (h) and

(i) of this section.

(2) Information used in preparation

In developing the report required by this

section, the State (A) may rely upon

information developed pursuant to

sections 1288, 1313(e), 1314(f), 1315(b),

and 1324 of this title, and other information as appropriate, and (B) may utilize

appropriate elements of the waste

treatment management plans developed

pursuant to sections 1288(b) and 1313

of this title, to the extent such elements

are consistent with and fulfill the

requirements of this section.

(b) State management programs

(1) In general

The Governor of each State, for that

State or in combination with adjacent

States, shall, after notice and opportunity for public comment, prepare and

submit to the Administrator for approval

a management program which such

State proposes to implement in the first

four fiscal years beginning after the

date of submission of such management

program for controlling pollution added

from nonpoint sources to the navigable

waters within the State and improving

the quality of such waters.

(2) Specific contents

Each management program proposed

for implementation under this subsection

shall include each of the following:

(A) An identification of the best
616 General Laws

management practices and measures

which will be undertaken to reduce

pollutant loadings resulting from each

category, subcategory, or particular

nonpoint source designated under

paragraph (1)(B), taking into account

the impact of the practice on ground

water quality.

(B) An identification of programs

(including, as appropriate,

nonregulatory or regulatory programs

for enforcement, technical assistance,

financial assistance, education, training, technology transfer, and demonstration projects) to achieve implementation of the best management practices by the categories, subcategories,

and particular nonpoint sources

designated under subparagraph (A).

(C) A schedule containing annual

milestones for (i) utilization of the

program implementation methods

identified in subparagraph (B), and (ii)

implementation of the best management practices identified in subparagraph (A) by the categories, subcategories, or particular nonpoint sources

designated under paragraph (1)(B).

Such schedule shall provide for

utilization of the best management

practices at the earliest practicable

date.

(D) A certification of the attorney

general of the State or States (or the

chief attorney of any State water

pollution control agency which has

independent legal counsel) that the

laws of the State or States, as the

case may be, provide adequate

authority to implement such management program or, if there is not such

adequate authority, a list of such

additional authorities as will be necessary to implement such management

program. A schedule and commitment

by the State or States to seek such

additional authorities as expeditiously

as practicable.

(E) Sources of Federal and other

assistance and funding (other than

assistance provided under subsections

(h) and (i) of this section) which will

be available in each of such fiscal

years for supporting implementation of

such practices and measures and the

purposes for which such assistance

will be used in each of such fiscal

years.

(F) An identification of Federal

financial assistance programs and

Federal development projects for

which the State will review individual

assistance applications or development

projects for their effect on water

quality pursuant to the procedures set

forth in Executive Order 12372 as in

effect on September 17, 1983, to

determine whether such assistance

applications or development projects

would be consistent with the program

prepared under this subsection; for the

purposes of this subparagraph, identification shall not be limited to the

assistance programs or development

projects subject to Executive Order

12372 but may include any programs

listed in the most recent Catalog of

Federal Domestic Assistance which

may have an effect on the purposes
General Laws 617

and objectives of the State’s nonpoint

source pollution management program.

(3) Utilization of local and private

experts

In developing and implementing a

management program under this

subsection, a State shall, to the maximum extent practicable, involve local

public and private agencies and organizations which have expertise in control

of nonpoint sources of pollution.

(4) Development on watershed basis

A State shall, to the maximum extent

practicable, develop and implement a

management program under this

subsection on a watershed-by-watershed basis within such State.

(c) Administrative provisions

(1) Cooperation requirement

Any report required by subsection (a) of

this section and any management

program and report required by subsection (b) of this section shall be developed in cooperation with local, substate

regional, and interstate entities which

are actively planning for the implementation of nonpoint source pollution

controls and have either been certified

by the Administrator in accordance with

section 1288 of this title, have worked

jointly with the State on water quality

management planning under section

1285(j) of this title, or have been

designated by the State legislative body

or Governor as water quality management planning agencies for their geographic areas.

(2) Time period for submission of

reports and management programs

Each report and management program

shall be submitted to the Administrator

during the 18-month period beginning on

February 4, 1987.

(d) Approval or disapproval of reports and

management programs

(1) Deadline Subject to paragraph (2),

not later than 180 days after the date of

submission to the Administrator of any

report or management program under

this section (other than subsections (h),

(i), and (k) of this section), the Administrator shall either approve or disapprove

such report or management program, as

the case may be. The Administrator

may approve a portion of a management program under this subsection. If

the Administrator does not disapprove a

report, management program, or portion

of a management program in such 180-

day period, such report, management

program, or portion shall be deemed

approved for purposes of this section.

(2) Procedure for disapproval

If, after notice and opportunity for

public comment and consultation with

appropriate Federal and State agencies

and other interested persons, the

Administrator determines that -

(A) the proposed management program or any portion thereof does not

meet the requirements of subsection

(b)(2) of this section or is not likely to

satisfy, in whole or in part, the goals

and requirements of this chapter;

(B) adequate authority does not exist,
618 General Laws

or adequate resources are not available, to implement such program or

portion;

(C) the schedule for implementing

such program or portion is not sufficiently expeditious; or

(D) the practices and measures

proposed in such program or portion

are not adequate to reduce the level of

pollution in navigable waters in the

State resulting from nonpoint sources

and to improve the quality of navigable

waters in the State; the Administrator

shall within 6 months of the receipt of

the proposed program notify the State

of any revisions or modifications

necessary to obtain approval. The

State shall thereupon have an additional 3 months to submit its revised

management program and the Administrator shall approve or disapprove

such revised program within three

months of receipt.

(3) Failure of State to submit report

If a Governor of a State does not submit

the report required by subsection (a) of

this section within the period specified

by subsection (c)(2) of this section, the

Administrator shall, within 30 months

after February 4, 1987, prepare a report

for such State which makes the identifications required by paragraphs (1)(A)

and (1)(B) of subsection (a) of this

section. Upon completion of the requirement of the preceding sentence and

after notice and opportunity for comment, the Administrator shall report to

Congress on his actions pursuant to this

section.

(e) Local management programs; technical assistance

If a State fails to submit a management

program under subsection (b) of this

section or the Administrator does not

approve such a management program, a

local public agency or organization which

has expertise in, and authority to, control

water pollution resulting from nonpoint

sources in any area of such State which

the Administrator determines is of sufficient geographic size may, with approval

of such State, request the Administrator

to provide, and the Administrator shall

provide, technical assistance to such

agency or organization in developing for

such area a management program which

is described in subsection (b) of this

section and can be approved pursuant to

subsection (d) of this section. After

development of such management

program, such agency or organization

shall submit such management program to

the Administrator for approval. If the

Administrator approves such management program, such agency or organization shall be eligible to receive financial

assistance under subsection (h) of this

section for implementation of such

management program as if such agency

or organization were a State for which a

report submitted under subsection (a) of

this section and a management program

submitted under subsection (b) of this

section were approved under this section.

Such financial assistance shall be subject

to the same terms and conditions as

assistance provided to a State under

subsection (h) of this section.

(f) Technical assistance for States
General Laws 619

Upon request of a State, the Administrator may provide technical assistance to

such State in developing a management

program approved under subsection (b) of

this section for those portions of the

navigable waters requested by such

State.

(g) Interstate management conference

(1) Convening of conference; notification; purpose

If any portion of the navigable waters in

any State which is implementing a

management program approved under

this section is not meeting applicable

water quality standards or the goals and

requirements of this chapter as a result,

in whole or in part, of pollution from

nonpoint sources in another State, such

State may petition the Administrator to

convene, and the Administrator shall

convene, a management conference of

all States which contribute significant

pollution resulting from nonpoint sources

to such portion. If, on the basis of

information available, the Administrator

determines that a State is not meeting

applicable water quality standards or the

goals and requirements of this chapter

as a result, in whole or in part, of

significant pollution from nonpoint

sources in another State, the Administrator shall notify such States. The

Administrator may convene a management conference under this paragraph

not later than 180 days after giving such

notification, whether or not the State

which is not meeting such standards

requests such conference. The purpose

of such conference shall be to develop

an agreement among such States to

reduce the level of pollution in such

portion resulting from nonpoint sources

and to improve the water quality of such

portion. Nothing in such agreement shall

supersede or abrogate rights to quantities of water which have been established by interstate water compacts,

Supreme Court decrees, or State water

laws. This subsection shall not apply to

any pollution which is subject to the

Colorado River Basin Salinity Control

Act (43 U.S.C. 1571 et seq.). The

requirement that the Administrator

convene a management conference

shall not be subject to the provisions of

section 1365 of this title.

(2) State management program requirement

To the extent that the States reach

agreement through such conference, the

management programs of the States

which are parties to such agreements

and which contribute significant pollution to the navigable waters or portions

thereof not meeting applicable water

quality standards or goals and requirements of this chapter will be revised to

reflect such agreement. Such management programs shall be consistent with

Federal and State law.

(h) Grant program

(1) Grants for implementation of

management programs

Upon application of a State for which a

report submitted under subsection (a) of

this section and a management program

submitted under subsection (b) of this

section is approved under this section,
620 General Laws

the Administrator shall make grants,

subject to such terms and conditions as

the Administrator considers appropriate,

under this subsection to such State for

the purpose of assisting the State in

implementing such management program. Funds reserved pursuant to

section 1285(j)(5) of this title may be

used to develop and implement such

management program.

(2) Applications

An application for a grant under this

subsection in any fiscal year shall be in

such form and shall contain such other

information as the Administrator may

require, including an identification and

description of the best management

practices and measures which the State

proposes to assist, encourage, or require

in such year with the Federal assistance

to be provided under the grant.

(3) Federal share

The Federal share of the cost of each

management program implemented with

Federal assistance under this subsection

in any fiscal year shall not exceed 60

percent of the cost incurred by the State

in implementing such management

program and shall be made on condition

that the non-Federal share is provided

from non-Federal sources.

(4) Limitation on grant amounts

Notwithstanding any other provision of

this subsection, not more than 15

percent of the amount appropriated to

carry out this subsection may be used to

make grants to any one State, including

any grants to any local public agency or

organization with authority to control

pollution from nonpoint sources in any

area of such State.

(5) Priority for effective mechanisms

For each fiscal year beginning after

September 30, 1987, the Administrator

may give priority in making grants under

this subsection, and shall give consideration in determining the Federal share of

any such grant, to States which have

implemented or are proposing to implement management programs which will

-

(A) control particularly difficult or

serious nonpoint source pollution

problems, including, but not limited to,

problems resulting from mining

activities;

(B) implement innovative methods or

practices for controlling nonpoint

sources of pollution, including regulatory programs where the Administrator deems appropriate;

(C) control interstate nonpoint source

pollution problems; or

(D) carry out ground water quality

protection activities which the Administrator determines are part of a

comprehensive nonpoint source

pollution control program, including

research, planning, ground water

assessments, demonstration programs,

enforcement, technical assistance,

education, and training to protect

ground water quality from nonpoint

sources of pollution. (33 U.S.C. 1329)

***
General Laws 621

National pollutant discharge

elimination system

Sec. 402 (a) Permits for discharge of

pollutants

(1) Except as provided in sections 1328

and 1344 of this title, the Administrator

may, after opportunity for public hearing

issue a permit for the discharge of any

pollutant, or combination of pollutants,

notwithstanding section 1311(a) of this

title, upon condition that such discharge

will meet either (A) all applicable

requirements under sections 1311, 1312,

1316, 1317, 1318, and 1343 of this title,

or (B) prior to the taking of necessary

implementing actions relating to all such

requirements, such conditions as the

Administrator determines are necessary

to carry out the provisions of this

chapter.

(2) The Administrator shall prescribe

conditions for such permits to assure

compliance with the requirements of

paragraph (1) of this subsection, including conditions on data and information

collection, reporting, and such other

requirements as he deems appropriate.

(3) The permit program of the Administrator under paragraph (1) of this

subsection, and permits issued thereunder, shall be subject to the same terms,

conditions, and requirements as apply to

a State permit program and permits

issued thereunder under subsection (b)

of this section.

(4) All permits for discharges into the

navigable waters issued pursuant to

section 407 of this title shall be deemed

to be permits issued under this subchapter, and permits issued under this

subchapter shall be deemed to be

permits issued under section 407 of this

title, and shall continue in force and

effect for their term unless revoked,

modified, or suspended in accordance

with the provisions of this chapter.

(5) No permit for a discharge into the

navigable waters shall be issued under

section 407 of this title after October 18,

1972. Each application for a permit

under section 407 of this title, pending

on October 18, 1972, shall be deemed to

be an application for a permit under this

section. The Administrator shall authorize a State, which he determines has

the capability of administering a permit

program which will carry out the

objectives of this chapter to issue

permits for discharges into the navigable

waters within the jurisdiction of such

State. The Administrator may exercise

the authority granted him by the preceding sentence only during the period

which begins on October 18, 1972, and

ends either on the ninetieth day after the

date of the first promulgation of guidelines required by section 1314(i)(2) of

this title, or the date of approval by the

Administrator of a permit program for

such State under subsection (b) of this

section, whichever date first occurs, and

no such authorization to a State shall

extend beyond the last day of such

period. Each such permit shall be

subject to such conditions as the Administrator determines are necessary to

carry out the provisions of this chapter.

No such permit shall issue if the Admin-
622 General Laws

istrator objects to such issuance. (33

U.S.C. 1342)

***

Permits for dredged or fill material

Sec. 404 (a) Discharge into navigable

waters at specified disposal sites

The Secretary may issue permits, after

notice and opportunity for public hearings

for the discharge of dredged or fill

material into the navigable waters at

specified disposal sites. Not later than the

fifteenth day after the date an applicant

submits all the information required to

complete an application for a permit

under this subsection, the Secretary shall

publish the notice required by this subsection.

(b) Specification for disposal sites

Subject to subsection (c) of this section,

each such disposal site shall be specified

for each such permit by the Secretary (1)

through the application of guidelines

developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the

territorial seas, the contiguous zone, and

the ocean under section 1343(c) of this

title, and (2) in any case where such

guidelines under clause (1) alone would

prohibit the specification of a site, through

the application additionally of the economic impact of the site on navigation and

anchorage.

(c) Denial or restriction of use of defined

areas as disposal sites

The Administrator is authorized to prohibit

the specification (including the withdrawal

of specification) of any defined area as a

disposal site, and he is authorized to deny

or restrict the use of any defined area for

specification (including the withdrawal of

specification) as a disposal site, whenever

he determines, after notice and opportunity for public hearings, that the discharge

of such materials into such area will have

an unacceptable adverse effect on

municipal water supplies, shellfish beds

and fishery areas (including spawning and

breeding areas), wildlife, or recreational

areas. Before making such determination,

the Administrator shall consult with the

Secretary. The Administrator shall set

forth in writing and make public his

findings and his reasons for making any

determination under this subsection.

(d) “Secretary” defined

The term “Secretary” as used in this

section means the Secretary of the Army,

acting through the Chief of Engineers. (33

U.S.C. 1344)

***
General Laws 623

Clean Air Act

July 14, 1955 (Pub. L. 360, 69 Stat. 322; 42 U.S.C. 7602,

7506, 7491, 7475, 7474, 7472, 7470, 7418, 7416, 7410, 7401,

7403)

Title I – Programs and Activities

Part A – Air Quality and Emission

Limitation

Congressional findings and

declaration of purpose

Sec. 101 (a) Findings

The Congress finds –

(1) that the predominant part of the

Nation’s population is located in its

rapidly expanding metropolitan and

other urban areas, which generally

cross the boundary lines of local jurisdictions and often extend into two or

more States:

(2) that the growth in the amount and

complexity of air pollution brought about

by urbanization, industrial development,

and the increasing use of motor vehicles, has resulted in mounting dangers

to the public health and welfare, including injury to agricultural crops and

livestock, damage to and the deterioration of property, and hazards to air and

ground transportation:

(3) that air pollution prevention (that is,

the reduction or elimination, through any

measures, of the amount of pollutants

produced or created at the source) and

air pollution control at its source is the

primary responsibility of States and local

governments; and

(4) that Federal financial assistance and

leadership is essential for the development of cooperative Federal, State,

regional, and local programs to prevent

and control air pollution.

(b) Declaration

The purposes of this subchapter are –

(1) to protect and enhance the quality of

the Nation’s air resources so as to

promote the public health and welfare

and the productive capacity of its

population:

(2) to initiate and accelerate a national

research and development program to

achieve the prevention and control of air

pollution:

(3) to provide technical and financial

assistance to State and local governments in connection with the development and execution of their air pollution

prevention and control programs; and

(4) to encourage and assist the development and operation of regional air

pollution prevention and control programs.

(c) Pollution prevention

A primary goal of this chapter is to

encourage or otherwise promote reasonable Federal, State, and local governmental actions, consistent with the provisions

of this chapter, for pollution prevention.
624 General Laws

(42 U.S.C. 7401)

***

Research, investigation, training,

and other activities

Sec. 103 (a) Research and development

program for prevention and control of air

pollution

The Administrator shall establish a

national research and development

program for the prevention and control of

air pollution and as part of such program

shall –

(1) conduct, and promote the coordination and acceleration of, research,

investigations, experiments, demonstrations, surveys, and studies relating to the

causes, effects (including health and

welfare effects), extent, prevention, and

control of air pollution:

(2) encourage, cooperate with, and

render technical services and provide

financial assistance to air pollution

control agencies and other appropriate

public or private agencies, institutions,

and organizations, and individuals in the

conduct of such activities:

(3) conduct investigations and research

and make surveys concerning any

specific problem of air pollution in

cooperation with any air pollution

control agency with a view to recommending a solution of such problem, if

he is requested to do so by such agency

or if, in his judgment, such problem may

affect any community or communities in

a State other than that in which the

source of the matter causing or contributing to the pollution is located:

(4) establish technical advisory committees composed of recognized experts in

various aspects of air pollution to assist

in the examination and evaluation of

research progress and proposals and to

avoid duplication of research, and

(5) conduct and promote coordination

and acceleration of training for individuals relating to the causes, effects,

extent, prevention, and control of air

pollution.

(b) Authorized activities of Administrator

in establishing research and development

program

In carrying out the provisions of the

preceding subsection the Administrator is

authorized to –

(1) collect and make available, through

publications and other appropriate

means, the results of and other information, including appropriate recommendations by him in connection therewith,

pertaining to such research and other

activities:

(2) cooperate with other Federal

departments and agencies, with air

pollution control agencies, with other

public and private agencies, institutions,

and organizations, and with any industries involved, in the preparation and

conduct of such research and other

activities:

(3) make grants to air pollution control

agencies, to other public or nonprofit

private agencies, institutions, and

organizations, and to individuals, for

purposes stated in subsection (a)(1) of
General Laws 625

this section:

(4) contract with public or private

agencies, institutions, and organizations,

and with individuals, without regard to

section 3324(a) and (b) of title 31 and

section 5 of title 41:

(5) establish and maintain research

fellowships, in the Environmental

Protection Agency and at public or

nonprofit private educational institutions

or research organizations:

(6) collect and disseminate, in cooperation with other Federal departments and

agencies, and with other public or

private agencies, institutions, and

organizations having related responsibilities, basic data on chemical, physical,

and biological effects of varying air

quality and other information pertaining

to air pollution and the prevention and

control thereof:

(7) develop effective and practical

processes, methods, and prototype

devices for the prevention or control of

air pollution; and

(8) construct facilities, provide equipment, and employ staff as necessary to

carry out this chapter. In carrying out

the provisions of subsection (a) of this

section, the Administrator shall provide

training for, and make training grants to,

personnel of air pollution control agencies and other persons with suitable

qualifications and make grants to such

agencies, to other public or nonprofit

private agencies, institutions, and

organizations for the purposes stated in

subsection (a)(5) of this section. Reasonable fees may be charged for such

training provided to persons other than

personnel of air pollution control agencies but such training shall be provided

to such personnel of air pollution control

agencies without charge.

(c) Air pollutant monitoring, analysis,

modeling, and inventory research

In carrying out subsection (a) of this

section, the Administrator shall conduct a

program of research, testing, and development of methods for sampling, measurement, monitoring, analysis, and

modeling of air pollutants. Such program

shall include the following elements:

(1) Consideration of individual, as well

as complex mixtures of, air pollutants

and their chemical transformations in

the atmosphere.

(2) Establishment of a national network

to monitor, collect, and compile data

with quantification of certainty in the

status and trends of air emissions,

deposition, air quality, surface water

quality, forest condition, and visibility

impairment, and to ensure the comparability of air quality data collected in

different States and obtained from

different nations.

(3) Development of improved methods

and technologies for sampling, measurement, monitoring, analysis, and modeling

to increase understanding of the sources

of ozone percursors, 1

 ozone formation,

ozone transport, regional influences on

urban ozone, regional ozone trends, and

interactions of ozone with other pollutants. Emphasis shall be placed on those

techniques which -
626 General Laws

(A) improve the ability to inventory

emissions of volatile organic compounds and nitrogen oxides that

contribute to urban air pollution,

including anthropogenic and natural

sources;

(B) improve the understanding of the

mechanism through which anthropogenic and biogenic volatile organic

compounds react to form ozone and

other oxidants; and

(C) improve the ability to identify and

evaluate region-specific prevention

and control options for ozone pollution.

(4) Submission of periodic reports to the

Congress, not less than once every 5

years, which evaluate and assess the

effectiveness of air pollution control

regulations and programs using monitoring and modeling data obtained pursuant

to this subsection.

***

(e) Ecosystem research

In carrying out subsection (a) of this

section, the Administrator, in cooperation,

where appropriate, with the Under

Secretary of Commerce for Oceans and

Atmosphere, the Director of the Fish and

Wildlife Service, and the Secretary of

Agriculture, shall conduct a research

program to improve understanding of the

short-term and long-term causes, effects,

and trends of ecosystems damage from

air pollutants on ecosystems. Such

program shall include the following

elements:

(1) Identification of regionally representative and critical ecosystems for

research.

(2) Evaluation of risks to ecosystems

exposed to air pollutants, including

characterization of the causes and

effects of chronic and episodic exposures to air pollutants and determination

of the reversibility of those effects.

(3) Development of improved atmospheric dispersion models and monitoring systems and networks for evaluating

and quantifying exposure to and effects

of multiple environmental stresses

associated with air pollution.

(4) Evaluation of the effects of air

pollution on water quality, including

assessments of the short-term and longterm ecological effects of acid deposition and other atmospherically derived

pollutants on surface water (including

wetlands and estuaries) and groundwater.

(5) Evaluation of the effects of air

pollution on forests, materials, crops,

biological diversity, soils, and other

terrestrial and aquatic systems exposed

to air pollutants.

(6) Estimation of the associated economic costs of ecological damage which

have occurred as a result of exposure to

air pollutants. Consistent with the

purpose of this program, the Administrator may use the estuarine research

reserves established pursuant to section

1461 of title 16 to carry out this research.

(j) Continuation of national acid precipitation assessment program

(1) The acid precipitation research
General Laws 627

program set forth in the Acid Precipitation Act of 1980 (42 U.S.C. 8901 et

seq.) shall be continued with modifications pursuant to this subsection.

(2) The Acid Precipitation Task Force

shall consist of the Administrator of the

Environmental Protection Agency, the

Secretary of Energy, the Secretary of

the Interior, the Secretary of Agriculture, the Administrator of the National

Oceanic and Atmospheric Administration, the Administrator of the National

Aeronautics and Space Administration,

and such additional members as the

President may select. The President

shall appoint a chairman for the Task

Force from among its members within

30 days after November 15, 1990.

(3) The responsibilities of the Task

Force shall include the following:

 (A) Review of the status of research

activities conducted to date under the

comprehensive research plan developed pursuant to the Acid Precipitation

Act of 1980 (42 U.S.C. 8901 et seq.),

and development of a revised plan that

identifies significant research gaps and

establishes a coordinated program to

address current and future research

priorities. A draft of the revised plan

shall be submitted by the Task Force

to Congress within 6 months after

November 15, 1990. The plan shall be

available for public comment during

the 60 day period after its submission,

and a final plan shall be submitted by

the President to the Congress within

45 days after the close of the comment period.

(B) Coordination with participating

Federal agencies, augmenting the

agencies’ research and monitoring

efforts and sponsoring additional

research in the scientific community

as necessary to ensure the availability

and quality of data and methodologies

needed to evaluate the status and

effectiveness of the acid deposition

control program. Such research and

monitoring efforts shall include, but not

be limited to -

(i) continuous monitoring of emissions of precursors of acid deposition;

(ii) maintenance, upgrading, and

application of models, such as the

Regional Acid Deposition Model,

that describe the interactions of

emissions with the atmosphere, and

models that describe the response of

ecosystems to acid deposition; and

(iii) analysis of the costs, benefits,

and effectiveness of the acid deposition control program.

(C) Publication and maintenance of a

National Acid Lakes Registry that

tracks the condition and change over

time of a statistically representative

sample of lakes in regions that are

known to be sensitive to surface water

acidification.

(D) Submission every two years of a

unified budget recommendation to the

President for activities of the Federal

Government in connection with the

research program described in this

subsection.
628 General Laws

(E) Beginning in 1992 and biennially

thereafter, submission of a report to

Congress describing the results of its

investigations and analyses. The

reporting of technical information

about acid deposition shall be provided

in a format that facilitates communication with policymakers and the public.

The report shall include -

(i) actual and projected emissions

and acid deposition trends;

(ii) average ambient concentrations

of acid deposition percursors 2

 and

their transformation products;

(iii) the status of ecosystems (including forests and surface waters),

materials, and visibility affected by

acid deposition;

(iv) the causes and effects of such

deposition, including changes in

surface water quality and forest and

soil conditions;

(v) the occurrence and effects of

episodic acidification, particularly

with respect to high elevation

watersheds; and

(vi) the confidence level associated

with each conclusion to aid

policymakers in use of the information.

(F) Beginning in 1996, and every 4

years thereafter, the report under

subparagraph (E) shall include -

(i) the reduction in deposition rates

that must be achieved in order to

prevent adverse ecological effects;

and

(ii) the costs and benefits of the acid

deposition control program created

by subchapter IV-A of this chapter.

(42 U.S.C. 7403)

1

 So in original. Probably should be

“precursors,”.

2

 So in original. Probably should be

“with”.

***

State implementation plans for

national primary and secondary

ambient air quality standards

Sec. 110 (a) Adoption of plan by State;

submission to Administrator; content of

plan; revision; new sources; indirect

source review program; supplemental or

intermittent control systems

(1) Each State shall, after reasonable

notice and public hearings, adopt and

submit to the Administrator, within 3

years (or such shorter period as the

Administrator may prescribe) after the

promulgation of a national primary

ambient air quality standard (or any

revision thereof) under section 7409 of

this title for any air pollutant, a plan

which provides for implementation,

maintenance, and enforcement of such

primary standard in each air quality

control region (or portion thereof) within

such State. In addition, such State shall

adopt and submit to the Administrator

(either as a part of a plan submitted

under the preceding sentence or separately) within 3 years (or such shorter

period as the Administrator may prescribe) after the promulgation of a

national ambient air quality secondary
General Laws 629

standard (or revision thereof), a plan

which provides for implementation,

maintenance, and enforcement of such

secondary standard in each air quality

control region (or portion thereof) within

such State. Unless a separate public

hearing is provided, each State shall

consider its plan implementing such

secondary standard at the hearing

required by the first sentence of this

paragraph. (42 U.S.C. 7410)

***

Retention of State authority

Sec. 116 Except as otherwise provided in

sections 1857c-10(c), (e), and (f) (as in

effect before August 7, 1977), 7543,

7545(c)(4), and 7573 of this title (preempting certain State regulation of

moving sources) nothing in this chapter

shall preclude or deny the right of any

State or political subdivision thereof to

adopt or enforce (1) any standard or

limitation respecting emissions of air

pollutants or (2) any requirement respecting control or abatement of air pollution;

except that if an emission standard or

limitation is in effect under an applicable

implementation plan or under section 7411

or section 7412 of this title, such State or

political subdivision may not adopt or

enforce any emission standard or limitation which is less stringent than the

standard or limitation under such plan or

section. (42 U.S.C. 7416)

***

Control of pollution from Federal

facilities

Sec. 118 (a) General compliance

Each department, agency, and instrumentality of the executive, legislative, and

judicial branches of the Federal Government (1) having jurisdiction over any

property or facility, or (2) engaged in any

activity resulting, or which may result, in

the discharge of air pollutants, and each

officer, agent, or employee thereof, shall

be subject to, and comply with, all Federal, State, interstate, and local requirements, administrative authority, and

process and sanctions respecting the

control and abatement of air pollution in

the same manner, and to the same extent

as any nongovernmental entity. The

preceding sentence shall apply (A) to any

requirement whether substantive or

procedural (including any recordkeeping

or reporting requirement, any requirement

respecting permits and any other requirement whatsoever), (B) to any requirement to pay a fee or charge imposed by

any State or local agency to defray the

costs of its air pollution regulatory program, (C) to the exercise of any Federal,

State, or local administrative authority,

and (D) to any process and sanction,

whether enforced in Federal, State, or

local courts, or in any other manner. This

subsection shall apply notwithstanding any

immunity of such agencies, officers,

agents, or employees under any law or

rule of law. No officer, agent, or employee of the United States shall be

personally liable for any civil penalty for

which he is not otherwise liable.

(b) Exemption

The President may exempt any emission
630 General Laws

source of any department, agency, or

instrumentality in the executive branch

from compliance with such a requirement

if he determines it to be in the paramount

interest of the United States to do so,

except that no exemption may be granted

from section 7411 of this title, and an

exemption from section 7412 of this title

may be granted only in accordance with

section 7412(i)(4) of this title. No such

exemption shall be granted due to lack of

appropriation unless the President shall

have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to

make available such requested appropriation. Any exemption shall be for a period

not in excess of one year, but additional

exemptions may be granted for periods of

not to exceed one year upon the

President’s making a new determination.

In addition to any such exemption of a

particular emission source, the President

may, if he determines it to be in the

paramount interest of the United States to

do so, issue regulations exempting from

compliance with the requirements of this

section any weaponry, equipment, aircraft, vehicles, or other classes or categories of property which are owned or

operated by the Armed Forces of the

United States (including the Coast Guard)

or by the National Guard of any State and

which are uniquely military in nature. The

President shall reconsider the need for

such regulations at three-year intervals.

The President shall report each January

to the Congress all exemptions from the

requirements of this section granted

during the preceding calendar year,

together with his reason for granting each

such exemption.

(c) Government vehicles

Each department, agency, and instrumentality of executive, legislative, and judicial

branches of the Federal Government shall

comply with all applicable provisions of a

valid inspection and maintenance program

established under the provisions of

subpart 2 of part D of this subchapter or

subpart 3 of part D of this subchapter

except for such vehicles that are considered military tactical vehicles.

(d) Vehicles operated on Federal installations

Each department, agency, and instrumentality of executive, legislative, and judicial

branches of the Federal Government

having jurisdiction over any property or

facility shall require all employees which

operate motor vehicles on the property or

facility to furnish proof of compliance

with the applicable requirements of any

vehicle inspection and maintenance

program established under the provisions

of subpart 2 of part D of this subchapter

or subpart 3 of part D of this subchapter

for the State in which such property or

facility is located (without regard to

whether such vehicles are registered in

the State). The installation shall use one

of the following methods to establish

proof of compliance- (42 U.S.C. 7418)

***

Part C- Prevention of Significant

Deterioration of Air Quality

Congressional declaration of

purpose
General Laws 631

Sec. 160 The purposes of this part are as

follows:

(1) to protect public health and welfare

from any actual or potential adverse

effect which in the Administrator’s

judgment may reasonably be anticipate 3

to occur from air pollution or from

exposures to pollutants in other media,

which pollutants originate as emissions

to the ambient air) 4

, notwithstanding

attainment and maintenance of all

national ambient air quality standards;

(2) to preserve, protect, and enhance

the air quality in national parks, national

wilderness areas, national monuments,

national seashores, and other areas of

special national or regional natural,

recreational, scenic, or historic value:

(3) to insure that economic growth will

occur in a manner consistent with the

preservation of existing clean air

resources:

(4) to assure that emissions from any

source in any State will not interfere

with any portion of the applicable

implementation plan to prevent significant deterioration of air quality for any

other State; and

(5) to assure that any decision to permit

increased air pollution in any area to

which this section applies is made only

after careful evaluation of all the

consequences of such a decision and

after adequate procedural opportunities

for informed public participation in the

decisionmaking process. (42 U.S.C.

7470)

3

 So in original. Probably should be

“anticipated”.

4

 So in original. Section was enacted

without an opening parenthesis.

***

Initial classifications

Sec. 162 (a) Areas designated as class I

Upon the enactment of this part, all-

(1) international parks,

(2) national wilderness areas which

exceed 5,000 acres in size,

(3) national memorial parks which

exceed 5,000 acres in size, and

(4) national parks which exceed six

thousand acres in size, and which are in

existence on August 7, 1977, shall be

class I areas and may not be redesignated. All areas which were redesignated as class I under regulations

promulgated before August 7, 1977,

shall be class I areas which may be

redesignated as provided in this part.

The extent of the areas designated as

Class I under this section shall conform

to any changes in the boundaries of

such areas which have occurred

subsequent to August 7, 1977, or which

may occur subsequent to November 15,

1990.

(b) Areas designated as class II

 All areas in such State designated

pursuant to section 7407(d) of this title as

attainment or unclassifiable which are not

established as class I under subsection (a)

of this section shall be class II areas

unless redesignated under section 7474 of

this title. (42 U.S.C. 7472)
632 General Laws

***

Area redesignation

Sec. 164 (a) Authority of States to

redesignate areas

Except as otherwise provided under

subsection (c) of this section, a State may

redesignate such areas as it deems

appropriate as class I areas. The following areas may be redesignated only as

class I or II:

(1) an area which exceeds ten thousand

acres in size and is a national monument, a national primitive area, a

national preserve, a national recreation

area, a national wild and scenic river, a

national wildlife refuge, a national

lakeshore or seashore, and

(2) a national park or national wilderness area established after August 7,

1977, which exceeds ten thousand acres

in size. The extent of the areas referred

to in paragraph 5

 (1) and (2) shall

conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or

which may occur subsequent to November 15, 1990. Any area (other than

an area referred to in paragraph (1) or

(2) or an area established as class I

under the first sentence of section

7472(a) of this title) may be redesignated by the State as class III if –

(A) such redesignation has been

specifically approved by the Governor

of the State, after consultation with the

appropriate Committees of the legislature if it is in session or with the

leadership of the legislature if it is not

in session (unless State law provides

that such redesignation must be

specifically approved by State legislation) and if general purpose units of

local government representing a

majority of the residents of the area so

redesignated enact legislation (including for such units of local government

resolutions where appropriate) concurring in the State’s redesignation;

(B) such redesignation will not cause,

or contribute to, concentrations of any

air pollutant which exceed any maximum allowable increase or maximum

allowable concentration permitted

under the classification of any other

area; and

(C) such redesignation otherwise

meets the requirements of this part.

Subparagraph (A) of this paragraph

shall not apply to area redesignations

by Indian tribes.

(b) Notice and hearing; notice to Federal

land manager; written comments and

recommendations; regulations; disapproval of redesignation

(1)(A) Prior to redesignation of any

area under this part, notice shall be

afforded and public hearings shall be

conducted in areas proposed to be

redesignated and in areas which may be

affected by the proposed redesignation.

Prior to any such public hearing a

satisfactory description and analysis of

the health, environmental, economic,

social, and energy effects of the proposed redesignation shall be prepared

and made available for public inspection

and prior to any such redesignation, the
General Laws 633

description and analysis of such effects

shall be reviewed and examined by the

redesignating authorities.

(B) Prior to the issuance of notice

under subparagraph (A) respecting the

redesignation of any area under this

subsection, if such area includes any

Federal lands, the State shall provide

written notice to the appropriate

Federal land manager and afford

adequate opportunity (but not in

excess of 60 days) to confer with the

State respecting the intended notice of

redesignation and to submit written

comments and recommendations with

respect to such intended notice of

redesignation. In redesignating any

area under this section with respect to

which any Federal land manager has

submitted written comments and

recommendations, the State shall

publish a list of any inconsistency

between such redesignation and such

recommendations and an explanation

of such inconsistency (together with

the reasons for making such

redesignation against the recommendation of the Federal land manager).

(C) The Administrator shall promulgate regulations not later than six

months after August 7, 1977, to

assure, insofar as practicable, that

prior to any public hearing on

redesignation of any area, there shall

be available for public inspection any

specific plans for any new or modified

major emitting facility which may be

permitted to be constructed and

operated only if the area in question is

designated or redesignated as class

III.

(2) The Administrator may disapprove

the redesignation of any area only if he

finds, after notice and opportunity for

public hearing, that such redesignation

does not meet the procedural requirements of this section or is inconsistent

with the requirements of section

7472(a) of this title or of subsection (a)

of this section. If any such disapproval

occurs, the classification of the area

shall be that which was in effect prior to

the redesignation which was disapproved.

(c) Indian reservations

Lands within the exterior boundaries of

reservations of federally recognized

Indian tribes may be redesignated only by

the appropriate Indian governing body.

Such Indian governing body shall be

subject in all respect to the provisions of

subsection (e) of this section.

(d) Review of national monuments,

primitive areas, and national preserves

The Federal Land Manager shall review

all national monuments, primitive areas,

and national preserves, and shall recommend any appropriate areas for

redesignation as class I where air quality

related values are important attributes of

the area. The Federal Land Manager

shall report such recommendations, within

6

 supporting analysis, to the Congress and

the affected States within one year after

August 7, 1977. The Federal Land

Manager shall consult with the appropriate States before making such recommendations.
634 General Laws

(e) Resolution of disputes between State

and Indian tribes 

If any State affected by the redesignation

of an area by an Indian tribe or any

Indian tribe affected by the redesignation

of an area by a State disagrees with such

redesignation of any area, or if a permit is

proposed to be issued for any new major

emitting facility proposed for construction

in any State which the Governor of an

affected State or governing body of an

affected Indian tribe determines will

cause or contribute to a cumulative

change in air quality in excess of that

allowed in this part within the affected

State or tribal reservation, the Governor

or Indian ruling body may request the

Administrator to enter into negotiations

with the parties involved to resolve such

dispute. If requested by any State or

Indian tribe involved, the Administrator

shall make a recommendation to resolve

the dispute and protect the air quality

related values of the lands involved. If the

parties involved do not reach agreement,

the Administrator shall resolve the dispute

and his determination, or the results of

agreements reached through other means,

shall become part of the applicable plan

and shall be enforceable as part of such

plan. In resolving such disputes relating to

area redesignation, the Administrator shall

consider the extent to which the lands

involved are of sufficient size to allow

effective air quality management or have

air quality related values of such an area.

(42 U.S.C. 7474)

5

 So in original. Probably should be

“paragraphs”.

6

 So in original. Probably should be

“with”.

***

Preconstruction requirements

Sec. 165 (a) Major emitting facilities on

which construction is commenced

No major emitting facility on which

construction is commenced after August

7, 1977, may be constructed in any area

to which this part applies unless –

(1) a permit has been issued for such

proposed facility in accordance with this

part setting forth emission limitations for

such facility which conform to the

requirements of this part:

***

(d) Action taken on permit applications;

notice; adverse impact on air quality

related values; variance; emission limitations

(1) Each State shall transmit to the

Administrator a copy of each permit

application relating to a major emitting

facility received by such State and

provide notice to the Administrator of

every action related to the consideration

of such permit.

(2)(A) The Administrator shall provide

notice of the permit application to the

Federal Land Manager and the Federal

official charged with direct responsibility

for management of any lands within a

class I area which may be affected by

emissions from the proposed facility.

(B) The Federal Land Manager and

the Federal official charged with direct
General Laws 635

responsibility for management of such

lands shall have an affirmative responsibility to protect the air quality related

values (including visibility) of any such

lands within a class I area and to

consider, in consultation with the

Administrator, whether a proposed

major emitting facility will have an

adverse impact on such values.

(C)(i) In any case where the Federal

official charged with direct responsibility for management of any lands

within a class I area or the Federal

Land Manager of such lands, or the

Administrator, or the Governor of an

adjacent State containing such a class

I area files a notice alleging that

emissions from a proposed major

emitting facility may cause or contribute to a change in the air quality in

such area and identifying the potential

adverse impact of such change, a

permit shall not be issued unless the

owner or operator of such facility

demonstrates that emissions of

particulate matter and sulfur dioxide

will not cause or contribute to concentrations which exceed the maximum

allowable increases for a class I area.

(ii) In any case where the Federal

Land Manager demonstrates to the

satisfaction of the State that the

emissions from such facility will

have an adverse impact on the air

quality-related values (including

visibility) of such lands, notwithstanding the fact that the change in

air quality resulting from emissions

from such facility will not cause or

contribute to concentrations which

exceed the maximum allowable

increases for a class I area, a

permit shall not be issued.

(iii) In any case where the owner

or operator of such facility demonstrates to the satisfaction of the

Federal Land Manager, and the

Federal Land Manager so certifies,

that the emissions from such

facility will have no adverse impact

on the air quality-related values of

such lands (including visibility),

notwithstanding the fact that the

change in air quality resulting from

emissions from such facility will

cause or contribute to concentrations which exceed the maximum

allowable increases for class I

areas, the State may issue a

permit.

***

(D)(i) In any case where the owner or

operator of a proposed major emitting

facility who has been denied a certification under subparagraph (C)(iii)

demonstrates to the satisfaction of the

Governor, after notice and public

hearing, and the Governor finds, that

the facility cannot be constructed by

reason of any maximum allowable

increase for sulfur dioxide for periods

of twenty-four hours or less applicable

to any class I area and, in the case of

Federal mandatory class I areas, that

a variance under this clause will not

adversely affect the air quality related

values of the area (including visibility),

the Governor, after consideration of

the Federal Land Manager’s recom-
636 General Laws

mendation (if any) and subject to his

concurrence, may grant a variance

from such maximum allowable increase. If such variance is granted, a

permit may be issued to such source

pursuant to the requirements of this

subparagraph.

(ii) In any case in which the Governor recommends a variance under

this subparagraph in which the

Federal Land Manager does not

concur, the recommendations of the

Governor and the Federal Land

Manager shall be transmitted to the

President. The President may

appove the Governor’s recommendation if he finds that such variance

is in the national interest. No Presidential finding shall be reviewable in

any court. The variance shall take

effect if the President approves the

Governor’s recommendations. The

President shall approve or disapprove such recommendation within

ninety days after his receipt of the

recommendations of the Governor

and the Federal Land Manager. (42

U.S.C. 7475)

Visibility protection for Federal class

I areas

Sec. 169A (a) Impairment of visibility;

list of areas; study and report

(1) Congress hereby declares as a

national goal the prevention of any

future, and the remedying of any

existing, impairment of visibility in

mandatory class I Federal areas which

impairment results from manmade air

pollution.

(2) Not later than six months after

August 7, 1977, the Secretary of the

Interior in consultation with other

Federal land managers shall review all

mandatory class I Federal areas and

identify those where visibility is an

important value of the area. From time

to time the Secretary of the Interior

may revise such identifications. Not

later than one year after August 7, 1977,

the Administrator shall, after consultation with the Secretary of the Interior,

promulgate a list of mandatory class I

Federal areas in which he determines

visibility is an important value.

***

(c) Exemptions

(1) The Administrator may, by rule,

after notice and opportunity for public

hearing, exempt any major stationary

source from the requirement of subsection (b)(2)(A) of this section, upon his

determination that such source does not

or will not, by itself or in combination

with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to a

significant impairment of visibility in any

mandatory class I Federal area.

(2) Paragraph (1) of this subsection

shall not be applicable to any fossil-fuel

fired powerplant with total design

capacity of 750 megawatts or more,

unless the owner or operator of any

such plant demonstrates to the satisfaction of the Administrator that such

powerplant is located at such distance

from all areas listed by the Administrator under subsection (a)(2) of this
General Laws 637

section that such powerplant does not or

will not, by itself or in combination with

other sources, emit any air pollutant

which may reasonably be anticipated to

cause or contribute to significant

impairment of visibility in any such area.

(3) An exemption under this subsection

shall be effective only upon concurrence by the appropriate Federal land

manager or managers with the

Administrator’s determination under this

subsection.

(d) Consultations with appropriate Federal

land managers

Before holding the public hearing on the

proposed revision of an applicable implementation plan to meet the requirements

of this section, the State (or the Administrator, in the case of a plan promulgated

under section 7410(c) of this title) shall

consult in person with the appropriate

Federal land manager or managers and

shall include a summary of the conclusions and recommendations of the

Federal land managers in the notice to the

public.

(e) Buffer zones

In promulgating regulations under this

section, the Administrator shall not require

the use of any automatic or uniform

buffer zone or zones.

 

(g) Definitions

For the purpose of this section –

** *

(5) the term “mandatory class I Federal

areas” means Federal areas which may

not be designated as other than class I

under this part:

(6) the terms “visibility impairment” and

“impairment of visibility” shall include

reduction in visual range and atmospheric discoloration; and

(7) the term “major stationary source”

means the following types of stationary

sources with the potential to emit 250

tons or more of any pollutant: fossil-fuel

fired steam electric plants of more than

250 million British thermal units per hour

heat input, coal cleaning plants (thermal

dryers), kraft pulp mills, Portland

Cement plants, primary zinc smelters,

iron and steel mill plants, primary

aluminum ore reduction plants, primary

copper smelters, municipal incinerators

capable of charging more than 250 tons

of refuse per day, hydrofluoric, sulfuric,

and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur

recovery plants, carbon black plants

(furnace process), primary lead smelters, fuel conversion plants, sintering

plants, secondary metal production

facilities, chemical process plants, fossilfuel boilers of more than 250 million

British thermal units per hour heat input,

petroleum storage and transfer facilities

with a capacity exceeding 300,000

barrels, taconite ore processing facilities, glass fiber processing plants,

charcoal production facilities. (42

U.S.C. 7491)

Part D- Plan Requirement for

Nonattainment Areas

***
638 General Laws

Limitations on certain Federal

assistance

Sec. 176 (a) and (b) Repealed

(c) Activities not conforming to approved

or promulgated plans

(1) No department, agency, or instrumentality of the Federal Government

shall engage in, support in any way or

provide financial assistance for, license

or permit, or approve, any activity which

does not conform to an implementation

plan after it has been approved or

promulgated under section 7410 of this

title. No metropolitan planning organization designated under section 134 of title

23, shall give its approval to any project,

program, or plan which does not conform to an implementation plan approved or promulgated under section

7410 of this title. The assurance of

conformity to such an implementation

plan shall be an affirmative responsibility of the head of such department,

agency, or instrumentality. (42 U.S.C.

7506)

***

Title III - General

***

Definitions

Sec. 302 When used in this chapter -

(i) The term “Federal land manager”

means, with respect to any lands in the

United States, the Secretary of the

department with authority over such

lands. (42 U.S.C 7602)
General Laws 639

National Environmental Policy Act of 1969

January 1, 1970 (Pub. L. 91-190, 83 Stat. 852; 42 U.S.C. 4321

note, 4321, 4331 to 4335, 4342 to 4346, 4346a, 4346b, 4347)

Sec. 1 That this Act may be cited as the

‘National Environmental Policy Act of

1969’. (42 U.S.C. 4321 note)

Congressional declaration of

purpose

Sec. 2 The purposes of this chapter are:

To declare a national policy which will

encourage productive and enjoyable

harmony between man and his environment; to promote efforts which will

prevent or eliminate damage to the

environment and biosphere and stimulate

the health and welfare of man; to enrich

the understanding of the ecological

systems and natural resources important

to the Nation; and to establish a Council

on Environmental Quality. (42 U.S.C.

4321)

Congressional declaration of

national environmental policy

Sec. 101 (a) The Congress, recognizing

the profound impact of man’s activity on

the interrelations of all components of the

natural environment, particularly the

profound influences of population growth,

high-density urbanization, industrial

expansion, resource exploitation, and new

and expanding technological advances

and recognizing further the critical

importance of restoring and maintaining

environmental quality to the overall

welfare and development of man, declares that it is the continuing policy of the

Federal Government, in cooperation with

State and local governments, and other

concerned public and private organizations, to use all practicable means and

measures, including financial and technical assistance, in a manner calculated to

foster and promote the general welfare,

to create and maintain conditions under

which man and nature can exist in

productive harmony, and fulfill the social,

economic, and other requirements of

present and future generations of Americans.

(b) In order to carry out the policy set

forth in this chapter, it is the continuing

responsibility of the Federal Government

to use all practicable means, consistent

with other essential considerations of

national policy, to improve and coordinate

Federal plans, functions, programs, and

resources to the end that the Nation may-

(1) fulfill the responsibilities of each

generation as trustee of the environment

for succeeding generations;

(2) assure for all Americans safe,

healthful, productive, and esthetically

and culturally pleasing surroundings;

(3) attain the widest range of beneficial

uses of the environment without degradation, risk to health or safety, or other

undesirable and unintended consequences;

(4) preserve important historic, cultural,

and natural aspects of our national
640 General Laws

heritage, and maintain, wherever

possible, an environment which supports

diversity and variety of individual

choice;

(5) achieve a balance between population and resource use which will permit

high standards of living and a wide

sharing of life’s amenities; and

(6) enhance the quality of renewable

resources and approach the maximum

attainable recycling of depletable

resources.

(c) The Congress recognizes that each

person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation

and enhancement of the environment. (42

U.S.C. 4331)

Cooperation of agencies; reports;

availability of information;

recommendations; international and

national coordination of efforts

Sec. 102 The Congress authorizes and

directs that, to the fullest extent possible:

(1) the policies, regulations, and public

laws of the United States shall be interpreted and administered in accordance

with the policies set forth in this chapter,

and (2) all agencies of the Federal

Government shall -

(A) utilize a systematic, interdisciplinary approach which will insure the

integrated use of the natural and social

sciences and the environmental design

arts in planning and in decisionmaking

which may have an impact on man’s

environment;

(B) identify and develop methods and

procedures, in consultation with the

Council on Environmental Quality

established by subchapter II of this

chapter, which will insure that presently unquantified environmental

amenities and values may be given

appropriate consideration in

decisionmaking along with economic

and technical considerations;

(C) include in every recommendation

or report on proposals for legislation

and other major Federal actions

significantly affecting the quality of the

human environment, a detailed statement by the responsible official on -

(i) the environmental impact of the

proposed action,

(ii) any adverse environmental

effects which cannot be avoided

should the proposal be implemented,

(iii) alternatives to the proposed

action,

(iv) the relationship between local

short-term uses of man’s environment and the maintenance and

enhancement of long-term productivity, and

(v) any irreversible and irretrievable

commitments of resources which

would be involved in the proposed

action should it be implemented.

Prior to making any detailed statement, the responsible Federal official

shall consult with and obtain the

comments of any Federal agency

which has jurisdiction by law or

special expertise with respect to any
General Laws 641

environmental impact involved. Copies

of such statement and the comments

and views of the appropriate Federal,

State, and local agencies, which are

authorized to develop and enforce

environmental standards, shall be

made available to the President, the

Council on Environmental Quality and

to the public as provided by section

552 of title 5, and shall accompany the

proposal through the existing agency

review processes;

(D) Any detailed statement required

under subparagraph (C) after January

1, 1970, for any major Federal action

funded under a program of grants to

States shall not be deemed to be

legally insufficient solely by reason of

having been prepared by a State

agency or official, if:

(i) the State agency or official has

statewide jurisdiction and has the

responsibility for such action,

(ii) the responsible Federal official

furnishes guidance and participates

in such preparation,

(iii) the responsible Federal official

independently evaluates such

statement prior to its approval and

adoption, and

(iv) after January 1, 1976, the

responsible Federal official provides

early notification to, and solicits the

views of, any other State or any

Federal land management entity of

any action or any alternative thereto

which may have significant impacts

upon such State or affected Federal

land management entity and, if there

is any disagreement on such impacts,

prepares a written assessment of

such impacts and views for incorporation into such detailed statement.

The procedures in this subparagraph

shall not relieve the Federal official of

his responsibilities for the scope,

objectivity, and content of the entire

statement or of any other responsibility

under this chapter; and further, this

subparagraph does not affect the legal

sufficiency of statements prepared by

State agencies with less than statewide jurisdiction.

(E) study, develop, and describe

appropriate alternatives to recommended courses of action in any

proposal which involves unresolved

conflicts concerning alternative uses

of available resources;

(F) recognize the worldwide and longrange character of environmental

problems and, where consistent with

the foreign policy of the United States,

lend appropriate support to initiatives,

resolutions, and programs designed to

maximize international cooperation in

anticipating and preventing a decline in

the quality of mankind’s world environment;

(G) make available to States, counties,

municipalities, institutions, and individuals, advice and information useful in

restoring, maintaining, and enhancing

the quality of the environment;

(H) initiate and utilize ecological

information in the planning and development of resource-oriented projects;

and
642 General Laws

(I) assist the Council on Environmental

Quality established by subchapter II of

this chapter. (42 U.S.C. 4332)

Conformity of administrative

procedures to national

environmental policy

Sec. 103 All agencies of the Federal

Government shall review their present

statutory authority, administrative regulations, and current policies and procedures

for the purpose of determining whether

there are any deficiencies or inconsistencies therein which prohibit full compliance

with the purposes and provisions of this

chapter and shall propose to the President

not later than July 1, 1971, such measures

as may be necessary to bring their

authority and policies into conformity with

the intent, purposes, and procedures set

forth in this chapter. (42 U.S.C. 4333)

Other statutory obligations of

agencies

Sec. 104 Nothing in section 4332 or 4333

of this title shall in any way affect the

specific statutory obligations of any

Federal agency (1) to comply with criteria

or standards of environmental quality, (2)

to coordinate or consult with any other

Federal or State agency, or (3) to act, or

refrain from acting contingent upon the

recommendations or certification of any

other Federal or State agency. (42 U.S.C.

4334)

Efforts supplemental to existing

authorizations

Sec. 105 The policies and goals set forth

in this chapter are supplementary to those

set forth in existing authorizations of

Federal agencies. (42 U.S.C. 4335)

Sec. 201 Omitted

Establishment; membership;

Chairman; appointments

Sec. 202 There is created in the Executive Office of the President a Council on

Environmental Quality (hereinafter

referred to as the “Council”). The

Council shall be composed of three

members who shall be appointed by the

President to serve at his pleasure, by and

with the advice and consent of the

Senate. The President shall designate one

of the members of the Council to serve as

Chairman. Each member shall be a

person who, as a result of his training,

experience, and attainments, is exceptionally well qualified to analyze and interpret

environmental trends and information of

all kinds; to appraise programs and

activities of the Federal Government in

the light of the policy set forth in subchapter I of this chapter; to be conscious of

and responsive to the scientific, economic,

social, esthetic, and cultural needs and

interests of the Nation; and to formulate

and recommend national policies to

promote the improvement of the quality of

the environment. (42 U.S.C. 4342)

Employment of personnel, experts

and consultants

Sec. 203 (a) The Council may employ

such officers and employees as may be

necessary to carry out its functions under

this chapter. In addition, the Council may

employ and fix the compensation of such

experts and consultants as may be
General Laws 643

necessary for the carrying out of its

functions under this chapter, in accordance with section 3109 of title 5 (but

without regard to the last sentence

thereof).

(b) Notwithstanding section 1342 of title

31, the Council may accept and employ

voluntary and uncompensated services in

furtherance of the purposes of the

Council. (42 U.S.C. 4343)

Duties and functions

Sec. 204 It shall be the duty and function

of the Council -

(1) to assist and advise the President in

the preparation of the Environmental

Quality Report required by section 4341

of this title;

(2) to gather timely and authoritative

information concerning the conditions

and trends in the quality of the environment both current and prospective, to

analyze and interpret such information

for the purpose of determining whether

such conditions and trends are interfering, or are likely to interfere, with the

achievement of the policy set forth in

subchapter I of this chapter, and to

compile and submit to the President

studies relating to such conditions and

trends;

(3) to review and appraise the various

programs and activities of the Federal

Government in the light of the policy set

forth in subchapter I of this chapter for

the purpose of determining the extent to

which such programs and activities are

contributing to the achievement of such

policy, and to make recommendations to

the President with respect thereto;

(4) to develop and recommend to the

President national policies to foster and

promote the improvement of environmental quality to meet the conservation,

social, economic, health, and other

requirements and goals of the Nation;

(5) to conduct investigations, studies,

surveys, research, and analyses relating

to ecological systems and environmental

quality;

(6) to document and define changes in

the natural environment, including the

plant and animal systems, and to

accumulate necessary data and other

information for a continuing analysis of

these changes or trends and an interpretation of their underlying causes;

(7) to report at least once each year to

the President on the state and condition

of the environment; and

(8) to make and furnish such studies,

reports thereon, and recommendations

with respect to matters of policy and

legislation as the President may request.

(42 U.S.C. 4344)

Consultation with Citizens’ Advisory

Committee on Environmental

Quality and other representatives

Sec. 205 In exercising its powers,

functions, and duties under this chapter,

the Council shall -

(1) consult with the Citizens’ Advisory

Committee on Environmental Quality

established by Executive Order numbered 11472, dated May 29, 1969, and

with such representatives of science,
644 General Laws

industry, agriculture, labor, conservation

organizations, State and local governments and other groups, as it deems

advisable; and

(2) utilize, to the fullest extent possible,

the services, facilities, and information

(including statistical information) of

public and private agencies and organizations, and individuals, in order that

duplication of effort and expense may

be avoided, thus assuring that the

Council’s activities will not unnecessarily overlap or conflict with similar

activities authorized by law and performed by established agencies. (42

U.S.C. 4345)

Tenure and compensation of

members

Sec. 206 Members of the Council shall

serve full time and the Chairman of the

Council shall be compensated at the rate

provided for Level II of the Executive

Schedule Pay Rates (5 U.S.C. 5313).

The other members of the Council shall

be compensated at the rate provided for

Level IV or 2 the Executive Schedule

Pay Rates (5 U.S.C. 5315). (42 U.S.C.

4346)

Travel reimbursement by private

organizations and Federal, State, and

local governments

Sec. 207 The Council may accept

reimbursements from any private nonprofit organization or from any department, agency, or instrumentality of the

Federal Government, any State, or local

government, for the reasonable travel

expenses incurred by an officer or

employee of the Council in connection

with his attendance at any conference,

seminar, or similar meeting conducted for

the benefit of the Council. (42 U.S.C.

4346a)

Expenditures in support of

international activities

Sec. 208 The Council may make expenditures in support of its international

activities, including expenditures for: (1)

international travel; (2) activities in

implementation of international agreements; and (3) the support of international

exchange programs in the United States

and in foreign countries. (42 U.S.C.

4346b)

Authorization of appropriations

Sec. 209 There are authorized to be

appropriated to carry out the provisions of

this chapter not to exceed $300,000 for

fiscal year 1970, $700,000 for fiscal year

1971, and $1,000,000 for each fiscal year

thereafter. (42 U.S.C. 4347)
General Laws 645

Federal Noxious Weed Act of 1974

January 3, 1975 (Pub. L. 93-629, 104 Stat. 3611; 7 U.S.C.

2801 note, 2814)

That this Act may be cited as the ‘Federal Noxious Weed Act of 1974’. (7

U.S.C. 2801 note)

Management of undesirable plants

on Federal lands

(a) Duties of agencies

Each Federal agency shall -

(1) designate an office or person

adequately trained in the management

of undesirable plant species to develop

and coordinate an undesirable plants

management program for control of

undesirable plants on Federal lands

under the agency’s jurisdiction;

(2) establish and adequately fund an

undesirable plants management program

through the agency’s budgetary process;

(3) complete and implement cooperative

agreements with State agencies regarding the management of undesirable plant

species on Federal lands under the

agency’s jurisdiction; and

(4) establish integrated management

systems to control or contain undesirable plant species targeted under

cooperative agreements.

(b) Environmental impact statements

In the event an environmental assessment

or environmental impact statement is

required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.) to implement plant control agreements, Federal agencies shall complete

such assessments or statements within 1

year after the requirement for such

assessment or statement is ascertained.

(c) Cooperative agreements with State

agencies

(1) In general

Federal agencies, as appropriate, shall

enter into cooperative agreements with

State agencies to coordinate the management of undesirable plant species on

Federal lands.

(2) Contents of plan

A cooperative agreement entered into

pursuant to paragraph (1) shall -

(A) prioritize and target undesirable

plant species or group of species to be

controlled or contained within a

specific geographic area;

(B) describe the integrated management system to be used to control or

contain the targeted undesirable plant

species or group of species; and

(C) detail the means of implementing

the integrated management system,

define the duties of the Federal

agency and the State agency in

prosecuting that method, and establish

a timeframe for the initiation and

completion of the tasks specified in the

integrated management system.
646 General Laws

(d) Exception

A Federal agency is not required under

this section to carry out programs on

Federal lands unless similar programs are

being implemented generally on State or

private lands in the same area.

(e) Definitions

As used in this section:

(1) Cooperative agreement

The term “cooperative agreement”

means a written agreement between a

Federal agency and a State agency

entered into pursuant to this section.

(2) Federal agency

The term “Federal agency” means a

department, agency, or bureau of the

Federal Government responsible for

administering or managing Federal lands

under its jurisdiction.

(3) Federal lands

The term “Federal lands” means lands

managed by or under the jurisdiction of

the Federal Government.

(4) Integrated management system

The term “integrated management

systems” means a system for the

planning and implementation of a

program, using an interdisciplinary

approach, to select a method for

containing or controlling an undesirable

plant species or group of species using

all available methods, including -

(A) education;

(B) preventive measures;

(C) physical or mechanical methods;

(D) biological agents;

(E) herbicide methods;

(F) cultural methods; and

(G) general land management practices such as manipulation of livestock

or wildlife grazing strategies or

improving wildlife or livestock habitat.

(5) Interdisciplinary approach

The term “interdisciplinary approach”

means an approach to making decisions

regarding the containment or control of

an undesirable plant species or group of

species, which -

(A) includes participation by personnel

of Federal or State agencies with

experience in areas including weed

science, range science, wildlife

biology, land management, and forestry; and

(B) includes consideration of -

(i) the most efficient and effective

method of containing or controlling

the undesirable plant species;

(ii) scientific evidence and current

technology;

(iii) the physiology and habitat of a

plant species; and (iv) the economic,

social, and ecological consequences

of implementing the program.

(6) State agencies

The term “State agency” means a State

department of agriculture, or other State

agency or political subdivision thereof,

responsible for the administration or

implementation of undesirable plants

laws of a State.
General Laws 647

(7) Undesirable plant species

The term “undesirable plants” means

plant species that are classified as

undesirable, noxious, harmful, exotic,

injurious, or poisonous, pursuant to State

or Federal law. Species listed as endangered by the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq.) shall

not be designated as undesirable plants

under this section and shall not include

plants indigenous to an area where

control measures are to be taken under

this section.

(f) Coordination

(1) In general

The Secretary of Agriculture and the

Secretary of the Interior shall take such

actions as may be necessary to coordinate Federal agency programs for

control, research, and educational

efforts associated with Federal, State,

and locally designated noxious weeds.

(2) Duties

The Secretary, in consultation with the

Secretary of the Interior, shall -

(A) identify regional priorities for

noxious weed control;

(B) incorporate into existing technical

guides regionally appropriate technical

information; and

(C) disseminate such technical information to interested State, local, and

private entities.

(3) Cost share assistance

The Secretary may provide cost share

assistance to State and local agencies to

manage noxious weeds in an area if a

majority of landowners in that area

agree to participate in a noxious weed

management program.

(g) Authorization of appropriations

There is authorized to be appropriated

such sums as may be necessary in each

of fiscal years 1991 through 1995 to carry

out this section. (7 U.S.C. 2814)
648 General Laws

Clarke-McNary Act

June 7, 1924 (Ch. 348, 43 Stat. 654; 16 U.S.C. 568, 515, 569,

570, 499, 505)

Cooperation by Secretary of

Agriculture with States in

establishing, etc., wood lots, shelter

belts, windbreaks, etc.; limitation on

expenditure; authorization of

appropriations

Sec. 5 The Secretary of Agriculture is

authorized and directed, in cooperation

with the land grant colleges and universities of the various States or, in his discretion, with other suitable State agencies, to

aid farmers through advice, education,

demonstrations, and other similar means

in establishing, renewing, protecting, and

managing wood lots, shelter belts, windbreaks, and other valuable forest growth,

and in harvesting, utilizing, and marketing

the products thereof. Except for preliminary investigations, the amount expended

by the Federal Government under this

section in cooperation with any State or

other cooperating agency during any

fiscal year shall not exceed the amount

expended by the State or other cooperating agency for the same purpose during

the same fiscal year, and the Secretary of

Agriculture is authorized to make expenditures on the certificate of the appropriate State official that the State expenditures, as provided for in this section, have

been made. There is authorized to be

appropriated annually out of any money in

the Treasury not otherwise appropriated,

not more than $500,000 to enable the

Secretary of Agriculture to carry out the

provisions of this section. (16 U.S.C. 568)

Examination, location, and purchase

of forested, cut-over, or denuded

lands; consent of State legislature to

acquisition of land by the United

States

Sec. 6 The Secretary of Agriculture is

hereby authorized and directed to examine, locate, and purchase such forested,

cut-over, or denuded lands within the

watersheds of navigable streams as in his

judgment may be necessary to the

regulation of the flow of navigable

streams or for the production of timber.

No deed or other instrument of conveyance of lands referred to herein shall be

accepted or approved by the Secretary of

Agriculture under this Act until the

legislature of the State in which the land

lies shall have consented to the acquisition

of such land by the United States for the

purpose of preserving the navigability of

navigable streams. (16 U.S.C. 515)

Donations to United States of lands

for timber purposes

Sec. 7 To enable owners of lands chiefly

valuable for the growing of timber crops

to donate or devise such lands to the

United States in order to assure future

timber supplies for the agricultural and

other industries of the State or for other

national forest purposes, the Secretary of

Agriculture is authorized, in his discretion,
General Laws 649

to accept on behalf of the United States

title to any such land so donated or

devised, subject to such reservations by

the donor of the present stand of merchantable timber or of mineral or other

rights for a period not exceeding twenty

years as the Secretary of Agriculture may

find to be reasonable and not detrimental

to the purposes of this section, and to pay

out of any moneys appropriated for the

general expenses of the Forest Service

the cost of recording deeds or other

expenses incident to the examination and

acceptance of title. Any lands to which

title is so accepted shall be in units of

such size or so located as to be capable

of economical administration as national

forests either separately or jointly with

other lands acquired under this section, or

jointly with an existing national forest. All

lands to which title is accepted under this

section shall, upon acceptance of title,

become national forest lands, subject to

all laws applicable to lands acquired under

the Act of March 1, 1911, and amendments thereto. In the sale of timber from

national forest lands acquired under this

section preference shall be given to

applicants who will furnish the products

desired therefrom to meet the necessities

of citizens of the United States engaged

in agriculture in the States in which such

national forest is situated. All property,

rights, easements, and benefits authorized

by this section to be retained by or

reserved to owners of lands donated or

devised to the United States shall be

subject to the tax laws of the States

where such lands are located. (16 U.S.C.

569)

Ascertainment by Secretary of

Agriculture of public lands valuable

for stream-flow protection and report

thereof

Sec. 8 The Secretary of Agriculture is

authorized to ascertain and determine the

location of public lands chiefly valuable

for stream-flow protection or for timber

production, which can be economically

administered as parts of national forests,

and to report his findings to the National

Forest Reservation Commission established under the Act of March 1, 1911,

and if the commission shall determine that

the administration of said lands by the

Federal Government will protect the flow

of streams used for navigation or for

irrigation, or will promote a future timber

supply, the President shall lay the findings

of the commission before the Congress of

the United States. (16 U.S.C. 570)

Disposal of money received by or on

account of Forest Service; refund of

excess and moneys erroneously

collected;

receipts from permits

Sec. 9 All money received by or on

account of the Forest Service for timber,

or from any other source of nationalforest revenue, including moneys received

from sale of products from or for the use

of lands in national forests created under

section 471(b) (repealed) of this title, and

moneys received on account of permits

for hunting, fishing, or camping on lands

acquired under authority of sections 513

to 517 and 521 of this title, shall be

covered into the Treasury of the United

States as a miscellaneous receipt and
650 General Laws

there is hereby appropriated and made

available as the Secretary of Agriculture

may direct out of any funds in the Treasury not otherwise appropriated, so much

as may be necessary to make refunds to

depositors of money heretofore or

hereafter deposited by them to secure the

purchase price on the sale of any products or for the use of any land or resources of the national forests in excess

of amounts found actually due from them

to the United States and also so much as

may be necessary to refund or pay over

to the rightful claimants such sums as

may be found by the Secretary of Agriculture to have been erroneously collected for the use of any lands, or for

timber or other resources sold from lands

located within, but not a part of, the

national forests, or for alleged illegal acts

done upon such lands, which acts are

subsequently found to have been proper

and legal. (16 U.S.C. 499)

Use of national forests established

on land reserved for purposes of

national defense; maintenance

available

Where a national forest is established

under section 471(b) of this title on land

previously reserved for the Army or Navy

for purposes of national defense the land

shall remain subject to the unhampered

use of the Department of the Army or

Navy Department for said purposes and

nothing in this section or section 471(b) of

this title shall be construed to relinquish

the authority over such lands for purposes

of national defense now vested in the

department for which the lands were

formerly reserved. Any moneys available

for the maintenance, improvement,

protection, construction of highways and

general administration of the national

forests shall be available for expenditure

on national forests created under this

section. (16 U.S.C. 505)
General Laws 651

Smokey Bear Act

May 23, 1952 (Ch. 327, 66 Stat. 92; 18 U.S.C. 711, 16 U.S.C.

580p-2)

‘’Smokey Bear” character or name

Sec. 2 Whoever, except as authorized

under rules and regulations issued by the

Secretary of Agriculture after consultation with the Association of State Foresters and the Advertising Council, knowingly and for profit manufactures, reproduces, or uses the character “Smokey

Bear”, originated by the Forest Service,

United States Department of Agriculture,

in cooperation with the Association of

State Foresters and the Advertising

Council for use in public information

concerning the prevention of forest fires,

or any facsimile thereof, or the name

“Smokey Bear” shall be fined under this

title or imprisoned not more than six

months, or both. (18 U.S.C. 711)

Deposit of fees collected under

regulations relating to ‘’Smokey

Bear”; availability

Sec. 3 The Secretary of Agriculture shall

deposit into a special account to be

available for furthering the nationwide

forest-fire prevention campaign all fees

collected under regulations promulgated

by him relating to “Smokey Bear”. (16

U.S.C. 580p-2)
652 General Laws

Soil and Water Resources Conservation Act of

1977

November 18, 1977 (Pub. L. 95-192, 91 Stat. 1407; 16 U.S.C.

2001 note, 2001 to 2009)

***

Congressional findings

Sec. 2 The Congress finds that:

(1) There is a growing demand on the

soil, water, and related resources of the

Nation to meet present and future

needs.

(2) The Congress, in its concern for

sustained use of the resource base, 1

 of

the United States, has ensured that the

Department of Agriculture possesses

information, technical expertise, and a

delivery system for providing assistance

to land users with respect to conservation and use of soils; plants; woodlands;

watershed protection and flood prevention; the conservation, development,

utilization, and disposal of water; animal

husbandry; fish and wildlife management; recreation; community development; and related resource uses.

(3) Resource appraisal is basic to

effective soil and water conservation.

Since individual and governmental

decisions concerning soil and water

resources often transcend administrative boundaries and affect other programs and decisions, a coordinated

appraisal and program framework are

essential. (16 U.S.C. 2001)

1

 So in original. The comma probably

should not appear.

Definitions

Sec. 3 As used in this chapter:

(1) The term “Secretary” means the

Secretary of Agriculture.

(2) The term “soil, water, and related

resources” means those resources

which come within the scope of the

programs administered and participated

in by the Secretary of Agriculture.

(3) The term “soil and water conservation program” means a set of guidelines

for attaining the purposes of this chapter. (16 U.S.C. 2002)

Congressional policy and declaration

of purpose

Sec. 4 (a) Responsiveness to long-term

needs

In order to further the conservation of

soil, water, and related resources, it is

declared to be the policy of the United

States and purpose of this chapter that

the conduct of programs administered by

the Secretary of Agriculture for the

conservation of such resources shall be

responsive to the long-term needs of the

Nation, as determined under the provisions of this chapter.

(b) Full utilization of cooperative arrange-
General Laws 653

ments with State agencies

Recognizing that the arrangements under

which the Federal Government cooperates with State soil and water conservation agencies and other appropriate State

natural resource agencies such as those

concerned with forestry and fish and

wildlife and, through conservation districts, with other local units of government

and land users, have effectively aided in

the protection and improvement of the

Nation’s basic resources, including the

restoration and maintenance of resources

damaged by improper use, it is declared

to be the policy of the United States that

these arrangements and similar cooperative arrangements should be utilized to the

fullest extent practicable to achieve the

purpose of this chapter consistent with

the roles and responsibilities of the nonFederal agencies, landowners and land

users.

(c) Attainment of policies and purposes

The Secretary shall promote the attainment of the policies and purposes expressed in this chapter by –

(1) appraising on a continuing basis the

soil, water, and related resources of the

Nation;

(2) developing and updating periodically

a program for furthering the conservation, protection, and enhancement of the

soil, water, and related resources of the

Nation consistent with the roles and

program responsibilities of other Federal

agencies and State and local governments; and

(3) providing to Congress and the public,

through reports, the information developed pursuant to paragraphs (1) and (2)

of this subsection, and by providing

Congress with an annual evaluation

report as provided in section 2006 of

this title. (16 U.S.C. 2003)

Continuing appraisal of soil, water,

and related resources

Sec. 5 (a) Data

In recognition of the importance of and

need for obtaining and maintaining

information on the current status of soil,

water, and related resources, the Secretary is authorized and directed to carry

out a continuing appraisal of the soil,

water, and related resources of the

Nation. The appraisal shall include, but

not be limited to –

(1) data on the quality and quantity of

soil, water, and related resources,

including fish and wildlife habitats;

(2) data on the capability and limitations

of those resources for meeting current

and projected demands on the resource

base;

(3) data on the changes that have

occurred in the status and condition of

those resources resulting from various

past uses, including the impact of

farming technologies, techniques, and

practices;

(4) data on current Federal and State

laws, policies, programs, rights, regulations, ownerships, and their trends and

other considerations relating to the use,

development, and conservation of soil,

water, and related resources;
654 General Laws

(5) data on the costs and benefits of

alternative soil and water conservation

practices; and

(6) data on alternative irrigation techniques regarding their costs, benefits,

and impact on soil and water conservation, crop production, and environmental

factors.

(b) Collection of data

The appraisal shall utilize data collected

under this chapter and pertinent data and

information collected by the Department

of Agriculture and other Federal, State,

and local agencies and organizations. The

Secretary shall establish an integrated

system capable of using combinations of

resource data to determine the quality and

capabilities for alternative uses of the

resource base and to identify areas of

local, State, and National concerns and

related roles pertaining to soil and water

conservation, resource use and development, and environmental improvement.

(c) Public participation

The appraisal shall be made in cooperation with conservation districts, State soil

and water conservation agencies, and

other appropriate citizen groups, and local

and State agencies under such procedures as the Secretary may prescribe to

insure public participation.

(d) Completion dates

The Secretary shall conduct four comprehensive appraisals under this section, to

be completed by December 31, 1979,

December 31, 1986, December 31, 1995,

and December 31, 2005, respectively.

The Secretary may make such additional

interim appraisals as the Secretary

considers appropriate. (16 U.S.C. 2004)

Soil and water conservation program

Sec. 6 (a) Program development

The Secretary is hereby authorized and

directed to develop in cooperation with

and participation by the public through

conservation districts, State and national

organizations and agencies, and other

appropriate means, a national soil and

water conservation program (hereinafter

called the “program”) to be used as a

guide in carrying out the activities of the

Secretary which assist landowners and

land users, at their request, in furthering

soil and water conservation on the private

and non-Federal lands of the Nation. The

program shall set forth direction for future

soil and water conservation efforts of the

United States Department of Agriculture

based on the current soil, water, and

related resource appraisal developed in

accordance with section 2004 of this title,

taking into consideration both the longand short-term needs of the Nation, the

landowners, and the land users, and the

roles and responsibilities of Federal, State,

and local governments in such conservation efforts. The program shall also

include but not be limited to –

(1) analysis of the Nation’s soil, water,

and related resource problems;

(2) analysis of existing Federal, State,

and local government authorities and

adjustments needed;

(3) an evaluation of the effectiveness of

the soil and water conservation ongoing

programs and the overall progress being
General Laws 655

achieved by Federal, State, and local

programs and the landowners and land

users in meeting the soil and water

conservation objectives of this chapter;

(4) identification and evaluation of

alternative methods for the conservation, protection, environmental improvement, and enhancement of soil and

water resources, in the context of

alternative time frames, and a recommendation of the preferred alternatives

and the extent to which they are being

implemented;

(5) investigation and analysis of the

practicability, desirability, and feasibility

of collecting organic waste materials,

including manure, crop and food wastes,

industrial organic waste, municipal

sewage sludge, logging and woodmanufacturing residues, and any other

organic refuse, composting, or similarly

treating such materials, transporting and

placing such materials onto the land to

improve soil tilth and fertility. The

analysis shall include the projected cost

of such collection, transportation, and

placement in accordance with sound

locally approved soil and water conservation practices;

(6) analysis of the Federal and nonFederal inputs required to implement the

program;

(7) analysis of costs and benefits of

alternative soil and water conservation

practices; and

(8) investigation and analysis of alternative irrigation techniques regarding their

costs, benefits, and impact on soil and

water conservation, crop production,

and environmental factors.

(b) Completion dates

The initial program shall be completed not

later than December 31, 1979, and

program updates shall be completed by

December 31, 1987, December 31, 1997,

and December 31, 2007, respectively. (16

U.S.C. 2005)

Reports to Congress

Sec. 7 (a) Appraisal, program, and

detailed statement of policy when Congress convenes

(1) At the time Congress convenes in

1980, 1987, 1996, and 2006, the President shall transmit to the Speaker of the

House of Representatives and the

President of the Senate the appraisal

developed under section 2004 of this

title and completed prior to the end of

the previous year.

(2) At the time Congress convenes in

1980, 1988, 1998, and 2008, the President shall transmit to the Speaker of the

House of Representatives and the

President of the Senate the initial

program or updated program developed

under section 2005 of this title and

completed prior to the end of the

previous year, together with a detailed

statement of policy regarding soil and

water conservation activities of the

United States Department of Agriculture.

(b) Annual report accompanying budget

covering program effectiveness

The Secretary, during budget preparation

for fiscal year 1982 and annually thereaf-
656 General Laws

ter during the period this chapter is in

effect, shall prepare and transmit to the

Congress, through the President, a report

to accompany the budget which evaluates

the program’s effectiveness in attaining

the purposes of this chapter. The report,

prepared in concise summary form with

appropriate detailed appendices, shall

contain pertinent data from the current

resource appraisal required to be prepared by section 2004 of this title, shall

set forth the progress in implementing the

program required to be developed by

section 2005 of this title, and shall contain

appropriate measurements of pertinent

costs and benefits. The evaluation shall

assess the balance between economic

factors and environmental quality factors.

The report shall also indicate plans for

implementing action and recommendations for new legislation where warranted. (16 U.S.C. 2006)

Authorization of appropriations

Sec. 8 There are authorized to be appropriated such funds as may be necessary

to carry out the purposes of this chapter.

(16 U.S.C. 2007)

Utilization of available information

and data

Sec. 9 In the implementation of this

chapter, the Secretary shall utilize information and data available from other

Federal, State, and local governments,

and private organizations and he shall

coordinate his actions with the resource

appraisal and planning efforts of other

Federal agencies and avoid unnecessary

duplication and overlap of planning and

program efforts. (16 U.S.C. 2008)

Termination of program

Sec. 10 The provisions of this chapter

shall terminate on December 31, 2008.

(16 U.S.C. 2009)
Permanent Trusts and Other Funds 657

Disposition of Receipts from National Forest

Revenues

March 4, 1907 (Ch. 2907, 34 Stat. 1270, as amended; 16

U.S.C. 499)

***

Disposal of money received by or on

account of Forest Service; refund of

excess and moneys erroneously

collected; receipts from permits.

All money received by or on account of

the Forest Service for timber, or from any

other source of national-forest revenue,

including moneys received from sale of

products from or for the use of lands in

national forests created under section

471(b) 1

 of this title, and moneys received

on account of permits for hunting, fishing,

or camping on lands acquired under

authority of sections 513 to 517 and 521

of this title, shall be covered into the

Treasury of the United States as a

miscellaneous receipt and there is hereby

appropriated and made available as the

Secretary of Agriculture may direct out of

any funds in the Treasury not otherwise

appropriated, so much as may be necessary to make refunds to depositors of

money heretofore or hereafter deposited

by them to secure the purchase price on

the sale of any products or for the use of

any land or resources of the national

forests in excess of amounts found

actually due from them to the United

States and also so much as may be

necessary to refund or pay over to the

rightful claimants such sums as may be

found by the Secretary of Agriculture to

have been erroneously collected for the

use of any lands, or for timber or other

resources sold from lands located within,

but not a part of, the national forests, or

for alleged illegal acts done upon such

lands, which acts are subsequently found

to have been proper and legal. (16 U.S.C.

499)

***

1

 Section 471(b) of this title, referred to

in text, was repealed by section 704(a)

of Pub. L. 94-579, title VII, Oct. 21,

1976, 90 Stat. 2792.
658 Permanent Trusts and Other Funds

Roads and Trails (10 Percent) Fund

March 4, 1913 (Ch. 145, 37 Stat. 843; 16 U.S.C. 501, 502)

***

Expenditures from receipts for roads

and trails; cooperation with State

authorities; evaluation of receipts

On or after Mar. 4, 1913, ten per centum

of all moneys received from the national

forests during each fiscal year shall be

available at the end thereof, to be expended by the Secretary of Agriculture

for the construction and maintenance of

roads and trails within the national forests

in the States from which such proceeds

are derived; but the Secretary of Agriculture may, whenever practicable, in the

construction and maintenance of such

roads, secure the cooperation or aid of

the proper State or Territorial authorities

in the furtherance of any system of

highways of which such roads may be

made a part. In sales of logs, ties, poles,

posts, cordwood, pulpwood, and other

forest products the amounts made

available for schools and roads by this

section shall be based upon the stumpage

value of the timber. (16 U.S.C. 501)
Permanent Trusts and Other Funds 659

Cooperative Funds

June 30, 1914 (Ch. 131, 38 Stat. 430, as amended; 16 U.S.C.

504, 498, 674, 500)

Purchases of tree seeds, cones,

forage plant seed, and nursery stock

for national forests

The provisions of section 5 of title 41 shall

not apply to any purchase by the Forest

Service of forest-tree seed or cones or of

forage plant seed when the amount

involved does not exceed $10,000, nor to

any purchase of forest-tree nursery stock

when the amount involved does not

exceed $500, whenever, in the discretion

of the Secretary of Agriculture, such

method is in the public interest. (16

U.S.C. 504)

Cooperative work agreements:

disposal of moneys received; refund

of excess; payment from

appropriation; conflict of interest

On or after June 30, 1914, all moneys

received as contributions toward cooperative work in forest investigations, or the

protection, management, and improvement of the National Forest System, shall

be covered into the Treasury and shall

constitute a special fund, which is appropriated and made available until expended, as the Secretary of Agriculture

may direct, for the payment of the

expenses of said investigations, protection, management, or improvements by

the Forest Service, and for refunds to the

contributors of amounts heretofore or

hereafter paid in by them in excess of

their share of the cost of said investigations, protection, management, or improvements. Payment for work undertaken pursuant to this section may be

made from any appropriation of the

Forest Service that is available for similar

work if a written agreement so provides

and reimbursement will be provided by a

cooperator in the same fiscal year as the

expenditure by the Forest Service. A

reimbursement received from a cooperator that covers the proportionate share of

the cooperator of the cost of the work

shall be deposited to the credit of the

appropriation of the Forest Service from

which the payment was initially made or,

if the appropriation is no longer available,

to the credit of an appropriation of the

Forest Service that is available for similar

work. The Secretary of Agriculture shall

establish written rules that establish

criteria to be used to determine whether

the acceptance of contributions of money

under this section would adversely affect

the ability of an officer or employee of

the Department of Agriculture to carry

out a duty or program of the officer or

employee in a fair and objective manner

or would compromise, or appear to

compromise, the integrity of the program,

officer, or employee. The Secretary of

Agriculture shall establish written rules

that protect the interests of the Forest

Service in cooperative work agreements.

(16 U.S.C. 498)

Payment and evaluation of receipts
660 Permanent Trusts and Other Funds

to State or Territory for schools and

roads; moneys received; projections

of revenues and estimated payments

On and after May 23, 1908, twenty-five

per centum of all moneys received during

any fiscal year from each national forest

shall be paid, at the end of such year, by

the Secretary of the Treasury to the State

or Territory in which such national forest

is situated, to be expended as the State or

Territorial legislature may prescribe for

the benefit of the public schools and

public roads of the county or counties in

which such national forest is situated:

Provided, That when any national forest

is in more than one State or Territory or

county the distributive share to each from

the proceeds of such forest shall be

proportional to its area therein. In sales of

logs, ties, poles, posts, cordwood, pulpwood, and other forest products the

amounts made available for schools and

roads by this section shall be based upon

the stumpage value of the timber. Beginning October 1, 1976, the term “moneys

received” shall include all collections

under the Act of June 9, 1930, and all

amounts earned or allowed any purchaser

of national forest timber and other forest

products within such State as purchaser

credits, for the construction of roads on

the National Forest Transportation

System within such national forests or

parts thereof in connection with any

Forest Service timber sales contract. The

Secretary of Agriculture shall, from time

to time as he goes through his process of

developing the budget revenue estimates,

make available to the States his current

projections of revenues and payments

estimated to be made under the Act of

May 23, 1908, as amended, or any other

special Acts making payments in lieu of

taxes, for their use for local budget

planning purposes. (16 U.S.C. 500)
Permanent Trusts and Other Funds 661

Brush Removal Fund

August 11, 1916 (Ch. 313, 39 Stat. 462; 16 U.S.C. 490)

***

Deposits from timber purchasers to

defray cost of disposing of debris

Purchasers of national-forest timber may

be required by the Secretary of Agriculture to deposit the estimated cost to the

United States of disposing of brush and

other debris resulting from their cutting

operations, such deposits to be covered

into the Treasury and constitute a special

fund, which is appropriated and shall

remain available until expended: Provided,

That any deposits in excess of the amount

expended for disposals shall be transferred to miscellaneous receipts, forestreserve fund, to be credited to the receipts of the year in which such transfer

is made. (16 U.S.C. 490)

***
662 Permanent Trusts and Other Funds

Knutson-Vandenburg Act

June 9, 1930 (Ch. 416, 46 Stat. 527; 16 U.S.C. 576, 576a,

576b)

Sec. 1 The Secretary of Agriculture is

authorized to establish forest tree nurseries and do all other things needful in

preparation for planting on national

forests on the scale possible under the

appropriations authorized by section 576a

of this title: Provided, That nothing in this

section shall be deemed to restrict the

authority of the said Secretary under

other authority of law. (16 U.S.C. 576)

Sec. 2 There is authorized to be appropriated for each fiscal year after year

ending June 30, 1934, not to exceed

$400,000, to enable the Secretary of

Agriculture to establish and operate

nurseries, to collect or to purchase tree

seed or young trees, to plant trees, and to

do all other things necessary for reforestation by planting or seeding national

forests and for the additional protection,

care, and improvement of the resulting

plantations or young growth. (16 U.S.C.

576a)

Sec. 3 The Secretary of Agriculture may,

when in his judgment such action will be

in the public interest, require any purchaser of national-forest timber to make

deposits of money in addition to the

payments for the timber, to cover the cost

to the United States of (1) planting

(including the production or purchase of

young trees), (2) sowing with tree seeds

(including the collection or purchase of

such seeds), (3) cutting, destroying, or

otherwise removing undesirable trees or

other growth, on the national-forest land

cut over by the purchaser, in order to

improve the future stand of timber, or (4)

protecting and improving the future

productivity of the renewable resources

of the forest land on such sale area,

including sale area improvement operations, maintenance and construction,

reforestation and wildlife habitat management. Such deposits shall be covered into

the Treasury and shall constitute a special

fund, which is appropriated and made

available until expended, to cover the cost

to the United States of such tree planting,

seed sowing, and forest improvement

work, as the Secretary of Agriculture

may direct: Provided, That any portion of

any deposit found to be in excess of the

cost of doing said work shall, upon the

determination that it is so in excess, be

transferred to miscellaneous receipts,

forest reserve fund, as a national-forest

receipt of the fiscal year in which such

transfer is made: Provided further, That

the Secretary of Agriculture is authorized,

upon application of the Secretary of the

Interior, to furnish seedlings and/or young

trees for replanting of burned-over areas

in any national park. (16 U.S.C. 576b)
Permanent Trusts and Other Funds 663

Supplemental National Forest Reforestation

Fund

September 18, 1972 (Pub. L. 92-421, 86 Stat. 678; 16 U.S.C.

576c, 576d)

Sec. 1 Notwithstanding any other provision of law, the Secretary of Agriculture

shall establish a “Supplemental National

Forest Reforestation Fund”, and transfer

to that fund beginning with the fiscal year,

commencing July 1, 1972, and ending on

September 30, 1987, such amounts as

may be appropriated therefor. There is

hereby authorized to be appropriated for

such purpose for each of the fiscal years

during such period the sum of

$65,000,000. (16 U.S.C. 576c)

Sec. 2 Moneys transferred to the National Forest Reforestation Fund under

the provisions of sections 576c to 576e

(Section 576e repealed) of this title shall

be available to the Secretary of Agriculture, for expenditure upon appropriation,

for the purpose of supplementing programs of tree planting and seeding of

national forest lands determined by the

Secretary to be in need of reforestation.

Such moneys shall be available until

expended, and shall be provided without

prejudice to appropriations or funds

available from other sources for the same

purposes, including those available

pursuant to section 576b of this title. (16

U.S.C. 576d)
664 Permanent Trusts and Other Funds

Cooperative Funds and Deposits

December 12, 1975 (Pub. L. 94-148, 89 Stat. 804; 16 U.S.C.

565a-1 – 561a-3)

Cooperative agreements between

Secretary of Agriculture and public

or private agencies, organizations,

institutions, and persons covering

Forest Service programs; authority;

funding

Sec. 1 To facilitate the administration of

the programs and activities of the Forest

Service, the Secretary is authorized to

negotiate and enter into cooperative

agreements with public or private agencies, organizations, institutions, or persons

to construct, operate, and maintain

cooperative pollution abatement equipment and facilities, including sanitary

landfills, water systems, and sewer

systems; to engage in cooperative manpower and job training and development

programs; to develop and publish cooperative environmental education and

forest history materials; and to perform

forestry protection, including fire protection, timber stand improvement, debris

removal, and thinning of trees. The

Secretary may enter into aforesaid

agreements when he determines that the

public interest will be benefited and that

there exists a mutual interest other than

monetary considerations. In such cooperative arrangements, the Secretary is

authorized to advance or reimburse funds

to cooperators from any Forest Service

appropriation available for similar kinds of

work or by furnishing or sharing materials, supplies, facilities, or equipment

without regard to the provisions of section

3324(a) and (b) of title 31, relating to the

advance of public moneys. (16 U.S.C.

565a-1)

[Amendment: Pub. L. 108-7, sec. 321,

117 Stat. 274]

Until September 30, 2005, the authority of

the Secretary of Agriculture to enter into

an agreement under the first section of

Public Law 94–148 (16 U.S.C. 565a–1)

for a purpose described in such section

includes the authority to use that legal

instrument when the principal purpose of

the resulting relationship is to the mutually

significant benefit of the Forest Service

and the other party or parties to the

agreement, including nonprofit entities. An

agreement entered into under this section

shall not be subject to Public Law 95–

224, Federal Grant and Cooperative

Agreement Act (1977). 16 U.S.C. 565a–

1

Federal employee status of

cooperators

Sec. 2 In any agreement authorized by

section 565a-1 of this title, cooperators

and their employees may perform cooperative work under supervision of the

Forest Service in emergencies or otherwise as mutually agreed to, but shall not

be deemed to be Federal employees other

than for the purposes of chapter 171 of

title 28 and chapter 81 of title 5. (16

U.S.C. 565a-2)
Permanent Trusts and Other Funds 665

Agreements otherwise authorized by

law

Sec. 3 Nothing in sections 565a-1 to

565a-3 of this title shall be construed as

limiting or modifying the authority of the

Secretary to enter into cooperative

agreements otherwise authorized by law.

(16 U.S.C. 565a-3)
666 Permanent Trusts and Other Funds

Reforestation Tax Incentives and Trust Fund

October 14, 1980 (Pub. L. 96-451, 94 Stat. 1989)

Title III

Amortization of reforestation

expenditures

Sec. 301(a) (a) Allowance of deduction

In the case of any qualified timber

property with respect to which the

taxpayer has made (in accordance with

regulations prescribed by the Secretary)

an election under this subsection, the

taxpayer shall be entitled to a deduction

with respect to the amortization of the

amortizable basis of qualified timber

property based on a period of 84 months.

Such amortization deduction shall be an

amount, with respect to each month of

such period within the taxable year, equal

to the amortizable basis at the end of such

month divided by the number of months

(including the month for which the

deduction is computed) remaining in the

period. Such amortizable basis at the end

of the month shall be computed without

regard to the amortization deduction for

such month. The 84-month period shall

begin on the first day of the first month of

the second half of the taxable year in

which the amortizable basis is acquired.

(b) Limitations

(1) Maximum dollar amount

The aggregate amount of amortizable

basis acquired during the taxable year

which may be taken into account under

subsection (a) for such taxable year

shall not exceed $10,000 ($5,000 in the

case of a separate return by a married

individual (as defined in section 7703)).

(2) Allocation of dollar limit

(A) Controlled group For purposes of

applying the dollar limitation under

paragraph (1) -

(i) all component members of a

controlled group shall be treated as

one taxpayer, and

(ii) the Secretary shall, under regulations prescribed by him, apportion

such dollar limitation among the

component members of such controlled group. For purposes of the

preceding sentence, the term “controlled group” has the meaning

assigned to it by section 1563(a),

except that the phrase “more than 50

percent” shall be substituted for the

phrase “at least 80 percent” each

place it appears in section

1563(a)(1).

(B) Partnerships and corporations

In the case of a partnership, the dollar

limitation contained in paragraph (1)

shall apply with respect to the partnership and with respect to each partner.

A similar rule shall apply in the case of

an S corporation and its shareholders.

(3) Section not to apply to trusts This

section shall not apply to trusts.
Permanent Trusts and Other Funds 667

(4) Estates

The benefit of the deduction for amortization provided by this section shall be

allowed to estates in the same manner

as in the case of an individual. The

allowable deduction shall be apportioned

between the income beneficiary and the

fiduciary under regulations prescribed

by the Secretary. Any amount so

apportioned to a beneficiary shall be

taken into account for purposes of

determining the amount allowable as a

deduction under this section to such

beneficiary.

(c) Definitions and special rule

For purposes of this section -

(1) Qualified timber property

The term “qualified timber property”

means a woodlot or other site located in

the United States which will contain

trees in significant commercial quantities and which is held by the taxpayer

for the planting, cultivating, caring for,

and cutting of trees for sale or use in

the commercial production of timber

products.

(2) Amortizable basis

The term “amortizable basis” means

that portion of the basis of the qualified

timber property attributable to reforestation expenditures.

(3) Reforestation expenditures

(A) In general

The term “reforestation expenditures”

means direct costs incurred in connection with forestation or reforestation

by planting or artificial or natural

seeding, including costs -

(i) for the preparation of the site;

(ii) of seeds or seedlings; and

(iii) for labor and tools, including

depreciation of equipment such as

tractors, trucks, tree planters, and

similar machines used in planting or

seeding.

(B) Cost-sharing programs

Reforestation expenditures shall not

include any expenditures for which the

taxpayer has been reimbursed under

any governmental reforestation costsharing program unless the amounts

reimbursed have been included in the

gross income of the taxpayer.

(4) Basis allocation

If the amount of the amortizable basis

acquired during the taxable year of all

qualified timber property with respect to

which the taxpayer has made an

election under subsection (a) exceeds

the amount of the limitation under

subsection (b)(1), the taxpayer shall

allocate that portion of such amortizable

basis with respect to which a deduction

is allowable under subsection (a) to

each such qualified timber property in

such manner as the Secretary may by

regulations prescribe.

(d) Life tenant and remainderman

In the case of property held by one

person for life with remainder to another

person, the deduction under this section

shall be computed as if the life tenant

were the absolute owner of the property

and shall be allowed to the life tenant. (26
668 Permanent Trusts and Other Funds

U.S.C. 194)

Adjusted gross income defined

Sec. 301(b) (a) General rule

For purposes of this subtitle, the term

“adjusted gross income” means, in the

case of an individual, gross income minus

the following deductions:

***

(11) Reforestation expenses

The deduction allowed by section 194

(23 U.S.C. 194)

***

Gain from dispositions of certain

depreciable property

Sec. 301(c)(1) (a) General rule

***

(8) Timber property

In determining, under subsection (a)(2),

the recomputed basis of property with

respect to which a deduction under

section 194 was allowed for any taxable

year, the taxpayer shall not take into

account adjustments under section 194

to the extent such adjustments are

attributable to the amortizable basis of

the taxpayer acquired before the 10th

taxable year preceding the taxable year

in which gain with respect to the

property is recognized.

(c) Adjustments to basis The Secretary

shall prescribe such regulations as he may

deem necessary to provide for adjustments to the basis of property to reflect

gain recognized under subsection (a).

(d) Application of section

This section shall apply notwithstanding

any other provision of this subtitle. (26

U.S.C. 1245)

Motion for Reconsideration of

Findings or Opinion

Sec. 301(c)(2) Any motion for reconsideration of an opinion or findings of fact,

with or without a new or further trial,

shall be filed within 30 days after a

written opinion or the pages of the

transcript that contain findings of fact or

opinion stated orally pursuant to Rule 152

(or a written summary thereof) have been

served, unless the Court shall otherwise

permit. (26prec.161)

***

Energy credit; reforestation credit

Sec. 302(a) (a) Energy credit

(1) In general

For purposes of section 46, the energy

credit for any taxable year is the energy

percentage of the basis of each energy

property placed in service during such

taxable year.

(2) Energy percentage

(A) In general

The energy percentage is 10 percent.

(B) Coordination with rehabilitation

credit

The energy percentage shall not apply

to that portion of the basis of any

property which is attributable to

qualified rehabilitation expenditures.
Permanent Trusts and Other Funds 669

(3) Energy property

For purposes of this subpart, the term

“energy property” means any property -

(A) which is -

(i) equipment which uses solar

energy to generate electricity, to heat

or cool (or provide hot water for use

in) a structure, or to provide solar

process heat, or

(ii) equipment used to produce,

distribute, or use energy derived

from a geothermal deposit (within

the meaning of section 613(e)(2)),

but only, in the case of electricity

generated by geothermal power, up

to (but not including) the electrical

transmission stage,

(B)(i) the construction, reconstruction,

or erection of which is completed by

the taxpayer, or

(ii) which is acquired by the taxpayer

if the original use of such property

commences with the taxpayer,

(C) with respect to which depreciation

(or amortization in lieu of depreciation)

is allowable, and

(D) which meets the performance and

quality standards (if any) which -

(i) have been prescribed by the

Secretary by regulations (after

consultation with the Secretary of

Energy), and

(ii) are in effect at the time of the

acquisition of the property. The term

“energy property” shall not include

any property which is public utility

property (as defined in section

46(f)(5) as in effect on the day

before the date of the enactment of

the Revenue Reconciliation Act of

1990).

(4) Special rule for property financed by

subsidized energy financing or industrial

development bonds

(A) Reduction of basis

For purposes of applying the energy

percentage to any property, if such

property is financed in whole or in part

by -

(i) subsidized energy financing, or

(ii) the proceeds of a private activity

bond (within the meaning of section

141) the interest on which is exempt

from tax under section 103, the

amount taken into account as the

basis of such property shall not

exceed the amount which (but for

this subparagraph) would be so

taken into account multiplied by the

fraction determined under subparagraph (B).

(B) Determination of fraction

For purposes of subparagraph (A), the

fraction determined under this subparagraph is 1 reduced by a fraction -

(i) the numerator of which is that

portion of the basis of the property

which is allocable to such financing

or proceeds, and

(ii) the denominator of which is the

basis of the property.

(C) Subsidized energy financing

For purposes of subparagraph (A), the
670 Permanent Trusts and Other Funds

term “subsidized energy financing”

means financing provided under a

Federal, State, or local program a

principal purpose of which is to

provide subsidized financing for

projects designed to conserve or

produce energy.

(5) Certain progress expenditure rules

made applicable

Rules similar to the rules of subsections

(c)(4) and (d) of section 46 (as in effect

on the day before the date of the

enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.

(b) Reforestation credit

(1) In general

For purposes of section 46, the reforestation credit for any taxable year is 10

percent of the portion of the amortizable

basis of any qualified timber property

which was acquired during such taxable

year and which is taken into account

under section 194 (after the application

of section 194(b)(1)).

(2) Definitions

For purposes of this subpart, the terms

“amortizable basis” and “qualified

timber property” have the respective

meanings given to such terms by section

194. (26 U.S.C. 48)

***

Reforestation Trust Fund

Sec. 303 (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
Permanent Trusts and Other Funds 671

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
672 Permanent Trusts and Other Funds

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. (16 U.S.C.

1606a)
Permanent Trusts and Other Funds 673

Census of Agriculture Act of 1997

(Previously know as the Department of Agriculture Organic Act of 1956)

August 3, 1956 (Ch. 950, 70 Stat. 1032; 7 U.S.C. 2201 note, 21

U.S.C. 114a, 114c, 7 U.S.C. 2233, 2228, 16 U.S.C. 590n, 590k,

7 U.S.C. 1392, 1766, 1040, 1516, 428a, 2229, 16 U.S.C. 579b)

***

Funds available for expenses of

advisory committees

Sec. 4 Funds available for carrying out

the activities of the Department of

Agriculture shall be available for expenses of advisory committees, including

travel expenses in accordance with the

provisions of section 5703 of title 5. (7

U.S.C. 2233)

***

Acquisition of land; options

Sec. 11 (a) The Department of Agriculture is authorized to acquire land, or

interest therein, by purchase, exchange or

otherwise, as may be necessary to carry

out its authorized work: Provided, That no

acquisition shall be made under this

authority unless provision is made therefor in the applicable appropriation or other

law.

(b) Appropriations for the Department of

Agriculture which are available for the

purchase of land may be expended for

options to purchase land: Provided, That

not to exceed $1 may be expended for

each option to purchase any particular

tract or tracts of land unless otherwise

provided in appropriation or other law. (7

U.S.C. 428a)

***

Working capital fund; establishment;

availability; transfer; capitalization;

advanced payments

Sec. 13 There is established a working

capital fund which shall be available

without fiscal year limitation for expenses

necessary, including the purchase or

construction of buildings and improvements within the limitations thereon set

forth in the appropriations for the Forest

Service, for furnishing supply and equipment services in support of programs of

the Forest Service. The Secretary of

Agriculture is authorized to transfer to the

fund, without reimbursement, and to

capitalize in the fund at fair and reasonable values, such receivables, inventories,

equipment, and other assets as he may

determine, and assume the liabilities in

connection with such assets: Provided,

That the fund shall be credited with

advance payments in connection with

firm orders and reimbursements from

appropriations and funds of the Forest

Service, other departmental and Federal

agencies, and from other sources, as

authorized by law, at rates approximately

equal to the cost of furnishing the facilities and service. (16 U.S.C. 579b)
674 Disaster Relief

Disaster Mitigation Act of 2000

May 22, 1974 (Pub. L. 93-288, 88 Stat. 143; 42 U.S.C. 5121

note, 5121, 5122, 5131, 5132, 5141, 5143, 5144, 5147 to 5164,

5170, 5170a to 5170c, 5171 to 5175, 5177, 5179 to 5183, 31

U.S.C. 1264, 1264 note, 42 U.S.C. 5184 to 5189, 5189a,

5189b, 3231 to 3235, 5195, 5196, 5196a to 5196d, ***)

***

Congressional findings and

declarations

Sec. 101 (a) The Congress hereby finds

and declares that -

(1) because disasters often cause loss

of life, human suffering, loss of income,

and property loss and damage; and

(2) because disasters often disrupt the

normal functioning of governments and

communities, and adversely affect

individuals and families with great

severity; special measures, designed to

assist the efforts of the affected States

in expediting the rendering of aid,

assistance, and emergency services,

and the reconstruction and rehabilitation

of devastated areas, are necessary.

(b) It is the intent of the Congress, by this

chapter, to provide an orderly and continuing means of assistance by the

Federal Government to State and local

governments in carrying out their responsibilities to alleviate the suffering and

damage which result from such disasters

by -

(1) revising and broadening the scope of

existing disaster relief programs;

(2) encouraging the development of

comprehensive disaster preparedness

and assistance plans, programs, capabilities, and organizations by the States

and by local governments;

(3) achieving greater coordination and

responsiveness of disaster preparedness

and relief programs;

(4) encouraging individuals, States, and

local governments to protect themselves

by obtaining insurance coverage to

supplement or replace governmental

assistance;

(5) encouraging hazard mitigation

measures to reduce losses from disasters, including development of land use

and construction regulations; and

(6) providing Federal assistance programs for both public and private losses

sustained in disasters. 1

 (42 U.S.C.

5121)

1

 So in original. Probably should be

followed by a period.

Definitions

Sec. 102 As used in this chapter -

(1) Emergency. - “Emergency” means

any occasion or instance for which, in

the determination of the President,

Federal assistance is needed to supple-
Disaster Relief 675

ment State and local efforts and capabilities to save lives and to protect

property and public health and safety, or

to lessen or avert the threat of a catastrophe in any part of the United States.

(2) Major disaster. - “Major disaster”

means any natural catastrophe (including any hurricane, tornado, storm, high

water, winddriven water, tidal wave,

tsunami, earthquake, volcanic eruption,

landslide, mudslide, snowstorm, or

drought), or, regardless of cause, any

fire, flood, or explosion, in any part of

the United States, which in the determination of the President causes damage

of sufficient severity and magnitude to

warrant major disaster assistance under

this chapter to supplement the efforts

and available resources of States, local

governments, and disaster relief organizations in alleviating the damage, loss,

hardship, or suffering caused thereby.

(3) “United States” means the fifty

States, the District of Columbia, Puerto

Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands.

(4) “State” means any State of the

United States, the District of Columbia,

Puerto Rico, the Virgin Islands, Guam,

American Samoa, and the Commonwealth of the Northern Mariana Islands.

(5) “Governor” means the chief executive of any State.

(6) Local government. - The term “local

government” means -

(A) a county, municipality, city, town,

township, local public authority, school

district, special district, intrastate

district, council of governments

(regardless of whether the council of

governments is incorporated as a

nonprofit corporation under State law),

regional or interstate government

entity, or agency or instrumentality of

a local government;

(B) an Indian tribe or authorized tribal

organization, or Alaska Native village

or organization; and

(C) a rural community, unincorporated

town or village, or other public entity,

for which an application for assistance

is made by a State or political subdivision of a State.

(7) “Federal agency” means any

department, independent establishment,

Government corporation, or other

agency of the executive branch of the

Federal Government, including the

United States Postal Service, but shall

not include the American National Red

Cross.

(8) Public facility. - “Public facility”

means the following facilities owned by

a State or local government:

(A) Any flood control, navigation,

irrigation, reclamation, public power,

sewage treatment and collection,

water supply and distribution, watershed development, or airport facility.

(B) Any non-Federal-aid street, road,

or highway.

(C) Any other public building, structure, or system, including those used

for educational, recreational, or

cultural purposes.
676 Disaster Relief

(D) Any park.

(9) Private nonprofit facility. - “Private

nonprofit facility” means private nonprofit educational, utility, irrigation,

emergency, medical, rehabilitational, and

temporary or permanent custodial care

facilities (including those for the aged

and disabled), other private nonprofit

facilities which provide essential services of a governmental nature to the

general public, and facilities on Indian

reservations as defined by the President. (42 U.S.C. 5122)

Federal and State disaster

preparedness programs

Sec. 201 (a) Utilization of services of

other agencies

The President is authorized to establish a

program of disaster preparedness that

utilizes services of all appropriate agencies and includes -

(1) preparation of disaster preparedness

plans for mitigation, warning, emergency operations, rehabilitation, and

recovery;

(2) training and exercises;

(3) postdisaster critiques and evaluations;

(4) annual review of programs;

(5) coordination of Federal, State, and

local preparedness programs;

(6) application of science and technology;

(7) research.

(b) Technical assistance for the development of plans and programs

The President shall provide technical

assistance to the States in developing

comprehensive plans and practicable

programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to

individuals, businesses, and State and

local governments following such disasters; and for recovery of damaged or

destroyed public and private facilities.

(c) Grants to States for development of

plans and programs

Upon application by a State, the President

is authorized to make grants, not to

exceed in the aggregate to such State

$250,000, for the development of plans,

programs, and capabilities for disaster

preparedness and prevention. Such grants

shall be applied for within one year from

May 22, 1974. Any State desiring financial assistance under this section shall

designate or create an agency to plan and

administer such a disaster preparedness

program, and shall, through such agency,

submit a State plan to the President,

which shall -

(1) set forth a comprehensive and

detailed State program for preparation

against and assistance following,

emergencies and major disasters,

including provisions for assistance to

individuals, businesses, and local governments; and

(2) include provisions for appointment

and training of appropriate staffs,

formulation of necessary regulations

and procedures and conduct of required

exercises.
Disaster Relief 677

(d) Grants for improvement, maintenance,

and updating of State plans

The President is authorized to make

grants not to exceed 50 per centum of the

cost of improving, maintaining and

updating State disaster assistance plans,

including evaluations of natural hazards

and development of the programs and

actions required to mitigate such hazards;

except that no such grant shall exceed

$50,000 per annum to any State. (42

U.S.C. 5131)

Disaster warnings

Sec. 202 (a) Readiness of Federal

agencies to issue warnings to State and

local officials The President shall insure

that all appropriate Federal agencies are

prepared to issue warnings of disasters to

State and local officials.

(b) Technical assistance to State and local

governments for effective warnings

The President shall direct appropriate

Federal agencies to provide technical

assistance to State and local governments

to insure that timely and effective disaster

warning is provided.

(c) Warnings to governmental authorities

and public endangered by disaster

The President is authorized to utilize or to

make available to Federal, State, and local

agencies the facilities of the civil defense

communications system established and

maintained pursuant to section 5196(c) of

this title or any other Federal communications system for the purpose of providing

warning to governmental authorities and

the civilian population in areas endangered by disasters.

(d) Agreements with commercial communications systems for use of facilities

The President is authorized to enter into

agreements with the officers or agents of

any private or commercial communications systems who volunteer the use of

their systems on a reimbursable or

nonreimbursable basis for the purpose of

providing warning to governmental

authorities and the civilian population

endangered by disasters. (42 U.S.C.

5132)

Waiver of administrative conditions

Sec. 301 Any Federal agency charged

with the administration of a Federal

assistance program may, if so requested

by the applicant State or local authorities,

modify or waive, for a major disaster,

such administrative conditions for assistance as would otherwise prevent the

giving of assistance under such programs

if the inability to meet such conditions is a

result of the major disaster. (42 U.S.C.

5141)

***

Emergency support teams

Sec. 303 The President shall form

emergency support teams of Federal

personnel to be deployed in an area

affected by a major disaster or emergency. Such emergency support teams

shall assist the Federal coordinating

officer in carrying out his responsibilities

pursuant to this chapter. Upon request of

the President, the head of any Federal

agency is directed to detail to temporary
678 Disaster Relief

duty with the emergency support teams

on either a reimbursable or nonreimbursable basis, as is determined necessary by

the President, such personnel within the

administrative jurisdiction of the head of

the Federal agency as the President may

need or believe to be useful for carrying

out the functions of the emergency

support teams, each such detail to be

without loss of seniority, pay, or other

employee status. (42 U.S.C. 5144)

Reimbursement of Federal agencies

Sec. 304 Federal agencies may be

reimbursed for expenditures under this

chapter from funds appropriated for the

purposes of this chapter. Any funds

received by Federal agencies as reimbursement for services or supplies

furnished under the authority of this

chapter shall be deposited to the credit of

the appropriation or appropriations

currently available for such services or

supplies. (42 U.S.C. 5147)

Nonliability of Federal Government

Sec. 305 The Federal Government shall

not be liable for any claim based upon the

exercise or performance of or the failure

to exercise or perform a discretionary

function or duty on the part of a Federal

agency or an employee of the Federal

Government in carrying out the provisions

of this chapter. (42 U.S.C. 5148)

Performance of services

Sec. 306 (a) Utilization of services or

facilities of State and local governments

In carrying out the purposes of this

chapter, any Federal agency is authorized

to accept and utilize the services or

facilities of any State or local government,

or of any agency, office, or employee

thereof, with the consent of such government.

(b) Appointment of temporary personnel,

experts, and consultants; acquisition,

rental, or hire of equipment, services,

materials and supplies

In performing any services under this

chapter, any Federal agency is authorized -

(1) to appoint and fix the compensation

of such temporary personnel as may be

necessary, without regard to the provisions of title 5 governing appointments

in competitive service;

(2) to employ experts and consultants in

accordance with the provisions of

section 3109 of such title, without

regard to the provisions of chapter 51

and subchapter III of chapter 53 of

such title relating to classification and

General Schedule pay rates; and

(3) to incur obligations on behalf of the

United States by contract or otherwise

for the acquisition, rental, or hire of

equipment, services, materials, and

supplies for shipping, drayage, travel,

and communications, and for the

supervision and administration of such

activities. Such obligations, including

obligations arising out of the temporary

employment of additional personnel,

may be incurred by an agency in such

amount as may be made available to it

by the President. (42 U.S.C. 5149)

Use of local firms and individuals
Disaster Relief 679

Sec. 307 In the expenditure of Federal

funds for debris clearance, distribution of

supplies, reconstruction, and other major

disaster or emergency assistance activities which may be carried out by contract

or agreement with private organizations,

firms, or individuals, preference shall be

given, to the extent feasible and practicable, to those organizations, firms, and

individuals residing or doing business

primarily in the area affected by such

major disaster or emergency. This section

shall not be considered to restrict the use

of Department of Defense resources in

the provision of major disaster assistance

under this chapter. (42 U.S.C. 5150)

Nondiscrimination in disaster

assistance

Sec. 308 (a) Regulations for equitable

and impartial relief operations

The President shall issue, and may alter

and amend, such regulations as may be

necessary for the guidance of personnel

carrying out Federal assistance functions

at the site of a major disaster or emergency. Such regulations shall include

provisions for insuring that the distribution

of supplies, the processing of applications,

and other relief and assistance activities

shall be accomplished in an equitable and

impartial manner, without discrimination

on the grounds of race, color, religion,

nationality, sex, age, or economic status.

(b) Compliance with regulations as

prerequisite to participation by other

bodies in relief operations

As a condition of participation in the

distribution of assistance or supplies under

this chapter or of receiving assistance

under this chapter, governmental bodies

and other organizations shall be required

to comply with regulations relating to

nondiscrimination promulgated by the

President, and such other regulations

applicable to activities within an area

affected by a major disaster or emergency as he deems necessary for the

effective coordination of relief efforts.

(42 U.S.C. 5151)

Use and coordination of relief

organizations

Sec. 309 (a) In providing relief and

assistance under this chapter, the President may utilize, with their consent, the

personnel and facilities of the American

National Red Cross, the Salvation Army,

the Mennonite Disaster Service, and

other relief or disaster assistance organizations, in the distribution of medicine,

food, supplies, or other items, and in the

restoration, rehabilitation, or reconstruction of community services housing and

essential facilities, whenever the President finds that such utilization is necessary.

(b) The President is authorized to enter

into agreements with the American

National Red Cross, the Salvation Army,

the Mennonite Disaster Service, and

other relief or disaster assistance organizations under which the disaster relief

activities of such organizations may be

coordinated by the Federal coordinating

officer whenever such organizations are

engaged in providing relief during and

after a major disaster or emergency. Any

such agreement shall include provisions
680 Permanent Trusts and Other Funds

assuring that use of Federal facilities,

supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President

under this chapter, and such other regulation as the President may require. (42

U.S.C. 5152)

***

Duplication of benefits

Sec. 312 (a) General prohibition

The President, in consultation with the

head of each Federal agency administering any program providing financial

assistance to persons, business concerns,

or other entities suffering losses as a

result of a major disaster or emergency,

shall assure that no such person, business

concern, or other entity will receive such

assistance with respect to any part of

such loss as to which he has received

financial assistance under any other

program or from insurance or any other

source.

(b) Special rules

(1) Limitation

This section shall not prohibit the

provision of Federal assistance to a

person who is or may be entitled to

receive benefits for the same purposes

from another source if such person has

not received such other benefits by the

time of application for Federal assistance and if such person agrees to

repay all duplicative assistance to the

agency providing the Federal assistance.

(2) Procedures

The President shall establish such

procedures as the President considers

necessary to ensure uniformity in

preventing duplication of benefits.

(3) Effect of partial benefits

Receipt of partial benefits for a major

disaster or emergency shall not preclude

provision of additional Federal assistance for any part of a loss or need for

which benefits have not been provided.

(c) Recovery of duplicative benefits

A person receiving Federal assistance for

a major disaster or emergency shall be

liable to the United States to the extent

that such assistance duplicates benefits

available to the person for the same

purpose from another source. The agency

which provided the duplicative assistance

shall collect such duplicative assistance

from the recipient in accordance with

chapter 37 of title 31, relating to debt

collection, when the head of such agency

considers it to be in the best interest of

the Federal Government.

(d) Assistance not income

Federal major disaster and emergency

assistance provided to individuals and

families under this chapter, and comparable disaster assistance provided by

States, local governments, and disaster

assistance organizations, shall not be

considered as income or a resource when

determining eligibility for or benefit levels

under federally funded income assistance

or resource-tested benefit programs. (42

U.S.C. 5155)
Permanent Trusts and Other Funds 681

Standards and reviews

Sec. 313 The President shall establish

comprehensive standards which shall be

used to assess the efficiency and effectiveness of Federal major disaster and

emergency assistance programs administered under this chapter. The President

shall conduct annual reviews of the

activities of Federal agencies and State

and local governments in major disaster

and emergency preparedness and in

providing major disaster and emergency

assistance in order to assure maximum

coordination and effectiveness of such

programs and consistency in policies for

reimbursement of States under this

chapter. (42 U.S.C. 5156)

Penalties

Sec. 314 (a) Misuse of funds

Any person who knowingly misapplies the

proceeds of a loan or other cash benefit

obtained under this chapter shall be fined

an amount equal to one and one-half

times the misapplied amount of the

proceeds or cash benefit.

(b) Civil enforcement

Whenever it appears that any person has

violated or is about to violate any provision of this chapter, including any civil

penalty imposed under this chapter, the

Attorney General may bring a civil action

for such relief as may be appropriate.

Such action may be brought in an appropriate United States district court.

(c) Referral to Attorney General

The President shall expeditiously refer to

the Attorney General for appropriate

action any evidence developed in the

performance of functions under this

chapter that may warrant consideration

for criminal prosecution.

(d) Civil penalty

Any individual who knowingly violates

any order or regulation issued under this

chapter shall be subject to a civil penalty

of not more than $5,000 for each violation. (42 U.S.C. 5157)

Availability of materials

Sec. 315 The President is authorized, at

the request of the Governor of an affected State, to provide for a survey of

construction materials needed in the area

affected by a major disaster on an

emergency basis for housing repairs,

replacement housing, public facilities

repairs and replacement, farming operations, and business enterprises and to take

appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not

more than one hundred and eighty days

after such major disaster. Any allocation

program shall be implemented by the

President to the extent possible, by

working with and through those companies which traditionally supply construction materials in the affected area. For

the purposes of this section “construction

materials” shall include building materials

and materials required for repairing

housing, replacement housing, public

facilities repairs and replacement, and for

normal farm and business operations. (42

U.S.C. 5158)
682 Permanent Trusts and Other Funds

Protection of environment

Sec. 316 An action which is taken or

assistance which is provided pursuant to

section 5170a, 5170b, 5172, 5173, or 5192

of this title, including such assistance

provided pursuant to the procedures

provided for in section 5189 of this title,

which has the effect of restoring a facility

substantially to its condition prior to the

disaster or emergency, shall not be

deemed a major Federal action significantly affecting the quality of the human

environment within the meaning of the

National Environmental Policy Act of

1969 (83 Stat. 852) (42 U.S.C. 4321 et

seq.). Nothing in this section shall alter or

affect the applicability of the National

Environmental Policy Act of 1969 to other

Federal actions taken under this chapter

or under any other provisions of law. (42

U.S.C. 5159)

Recovery of assistance

Sec. 317 (a) Party liable

Any person who intentionally causes a

condition for which Federal assistance is

provided under this chapter or under any

other Federal law as a result of a declaration of a major disaster or emergency

under this chapter shall be liable to the

United States for the reasonable costs

incurred by the United States in responding to such disaster or emergency to the

extent that such costs are attributable to

the intentional act or omission of such

person which caused such condition.

Such action for reasonable costs shall be

brought in an appropriate United States

district court.

(b) Rendering of care

A person shall not be liable under this

section for costs incurred by the United

States as a result of actions taken or

omitted by such person in the course of

rendering care or assistance in response

to a major disaster or emergency. (42

U.S.C. 5160)

***

Advance of non-Federal share

Sec. 319 (a) In general

The President may lend or advance to an

eligible applicant or a State the portion of

assistance for which the State is responsible under the cost-sharing provisions of

this chapter in any case in which -

(1) the State is unable to assume its

financial responsibility under such costsharing provisions -

(A) with respect to concurrent,

multiple major disasters in a jurisdiction, or

(B) after incurring extraordinary costs

as a result of a particular disaster; and

(2) the damages caused by such

disasters or disaster are so overwhelming and severe that it is not possible for

the applicant or the State to assume

immediately their financial responsibility

under this chapter. (42 U.S.C. 5162)

***

Limitation on use of sliding scales

Sec. 320 No geographic area shall be

precluded from receiving assistance

under this chapter solely by virtue of an
Permanent Trusts and Other Funds 683

arithmetic formula or sliding scale based

on income or population. (42 U.S.C.

5163)

***

Procedure for declaration

Sec. 401 All requests for a declaration by

the President that a major disaster exists

shall be made by the Governor of the

affected State. Such a request shall be

based on a finding that the disaster is of

such severity and magnitude that effective response is beyond the capabilities of

the State and the affected local governments and that Federal assistance is

necessary. As part of such request, and

as a prerequisite to major disaster assistance under this chapter, the Governor

shall take appropriate response action

under State law and direct execution of

the State’s emergency plan. The Governor shall furnish information on the nature

and amount of State and local resources

which have been or will be committed to

alleviating the results of the disaster, and

shall certify that, for the current disaster,

State and local government obligations

and expenditures (of which State commitments must be a significant proportion)

will comply with all applicable costsharing requirements of this chapter.

Based on the request of a Governor

under this section, the President may

declare under this chapter that a major

disaster or emergency exists. (42 U.S.C.

5170)

General Federal assistance

Sec. 402 In any major disaster, the

President may -

(1) direct any Federal agency, with or

without reimbursement, to utilize its

authorities and the resources granted to

it under Federal law (including personnel, equipment, supplies, facilities, and

managerial, technical, and advisory

services) in support of State and local

assistance efforts;

(2) coordinate all disaster relief assistance (including voluntary assistance)

provided by Federal agencies, private

organizations, and State and local

governments;

(3) provide technical and advisory

assistance to affected State and local

governments for -

(A) the performance of essential

community services;

(B) issuance of warnings of risks and

hazards;

(C) public health and safety information, including dissemination of such

information;

(D) provision of health and safety

measures; and

(E) management, control, and reduction of immediate threats to public

health and safety; and

(4) assist State and local governments in

the distribution of medicine, food, and

other consumable supplies, and emergency assistance. (42 U.S.C. 5170a)

Essential assistance

Sec. 403 (a) In general

Federal agencies may on the direction of

the President, provide assistance essential
684 Permanent Trusts and Other Funds

to meeting immediate threats to life and

property resulting from a major disaster,

as follows:

(1) Federal resources, generally Utilizing, lending, or donating to State and

local governments Federal equipment,

supplies, facilities, personnel, and other

resources, other than the extension of

credit, for use or distribution by such

governments in accordance with the

purposes of this chapter.

(2) Medicine, food, and other

consumables Distributing or rendering

through State and local governments,

the American National Red Cross, the

Salvation Army, the Mennonite Disaster

Service, and other relief and disaster

assistance organizations medicine, food,

and other consumable supplies, and

other services and assistance to disaster

victims.

(3) Work and services to save lives and

protect property Performing on public or

private lands or waters any work or

services essential to saving lives and

protecting and preserving property or

public health and safety, including -

(A) debris removal;

(B) search and rescue, emergency

medical care, emergency mass care,

emergency shelter, and provision of

food, water, medicine, and other

essential needs, including movement of

supplies or persons;

(C) clearance of roads and construction of temporary bridges necessary to

the performance of emergency tasks

and essential community services;

(D) provision of temporary facilities

for schools and other essential community services;

(E) demolition of unsafe structures

which endanger the public;

(F) warning of further risks and

hazards;

(G) dissemination of public information

and assistance regarding health and

safety measures;

(H) provision of technical advice to

State and local governments on

disaster management and control; and

(I) reduction of immediate threats to

life, property, and public health and

safety.

(4) Contributions Making contributions

to State or local governments or owners

or operators of private nonprofit facilities for the purpose of carrying out the

provisions of this subsection.

(b) Federal share

The Federal share of assistance under

this section shall be not less than 75

percent of the eligible cost of such

assistance.

(c) Utilization of DOD resources

(1) General rule

During the immediate aftermath of an

incident which may ultimately qualify

for assistance under this subchapter or

subchapter IV-A of this chapter, the

Governor of the State in which such

incident occurred may request the

President to direct the Secretary of

Defense to utilize the resources of the

Department of Defense for the purpose
Permanent Trusts and Other Funds 685

of performing on public and private

lands any emergency work which is

made necessary by such incident and

which is essential for the preservation

of life and property. If the President

determines that such work is essential

for the preservation of life and property,

the President shall grant such request to

the extent the President determines

practicable. Such emergency work may

only be carried out for a period not to

exceed 10 days.

(2) Rules applicable to debris removal

Any removal of debris and wreckage

carried out under this subsection shall

be subject to section 5173(b) of this title,

relating to unconditional authorization

and indemnification for debris removal.

(3) Expenditures out of disaster relief

funds

The cost of any assistance provided

pursuant to this subsection shall be

reimbursed out of funds made available

to carry out this chapter.

(4) Federal share

The Federal share of assistance under

this subsection shall be not less than 75

percent.

(5) Guidelines Not later than 180 days

after November 23, 1988, the President

shall issue guidelines for carrying out

this subsection. Such guidelines shall

consider any likely effect assistance

under this subsection will have on the

availability of other forms of assistance

under this chapter.

(6) Definitions For purposes of this

section -

(A) Department of Defense The term

“Department of Defense” has the

meaning the term “department” has

under section 101 of title 10.

(B) Emergency work The term

“emergency work” includes clearance

and removal of debris and wreckage

and temporary restoration of essential

public facilities and services. (42

U.S.C. 5170b)

Hazard mitigation

Sec. 404 (a) In general

The President may contribute up to 75

percent of the cost of hazard mitigation

measures which the President has

determined are cost-effective and which

substantially reduce the risk of future

damage, hardship, loss, or suffering in any

area affected by a major disaster. Such

measures shall be identified following the

evaluation of natural hazards under

section 5165 of this title and shall be

subject to approval by the President.

Subject to section 5165 of this title, the

total of contributions under this section for

a major disaster shall not exceed 15

percent of the estimated aggregate

amount of grants to be made (less any

associated administrative costs) under this

chapter with respect to the major disaster.

(b) Property acquisition and relocation

assistance

(1) General authority

In providing hazard mitigation assistance

under this section in connection with

flooding, the Director of the Federal
686 Permanent Trusts and Other Funds

Emergency Management Agency may

provide property acquisition and relocation assistance for projects that meet the

requirements of paragraph (2).

(2) Terms and conditions

An acquisition or relocation project shall

be eligible to receive assistance pursuant

to paragraph (1) only if -

(A) the applicant for the assistance is

otherwise eligible to receive assistance

under the hazard mitigation grant

program established under subsection

(a) of this section; and

(B) on or after December 3, 1993, the

applicant for the assistance enters into

an agreement with the Director that

provides assurances that -

(i) any property acquired, accepted,

or from which a structure will be

removed pursuant to the project will

be dedicated and maintained in

perpetuity for a use that is compatible with open space, recreational, or

wetlands management practices;

(ii) no new structure will be erected

on property acquired, accepted or

from which a structure was removed

under the acquisition or relocation

program other than -

(I) a public facility that is open on

all sides and functionally related to

a designated open space;

(II) a rest room; or

(III) a structure that the Director

approves in writing before the

commencement of the construction

of the structure; and

(iii) after receipt of the assistance,

with respect to any property acquired, accepted or from which a

structure was removed under the

acquisition or relocation program -

(I) no subsequent application for

additional disaster assistance for any

purpose will be made by the recipient to any Federal entity; and

(II) no assistance referred to in

subclause (I) will be provided to the

applicant by any Federal source.

(3) Statutory construction Nothing in

this subsection is intended to alter or

otherwise affect an agreement for an

acquisition or relocation project carried

out pursuant to this section that was in

effect on the day before December 3,

1993.

(c) Program administration by States

(1) In general

A State desiring to administer the

hazard mitigation grant program established by this section with respect to

hazard mitigation assistance in the State

may submit to the President an application for the delegation of the authority to

administer the program.

(2) Criteria

The President, in consultation and

coordination with States and local

governments, shall establish criteria for

the approval of applications submitted

under paragraph (1). The criteria shall

include, at a minimum -

(A) the demonstrated ability of the

State to manage the grant program
Permanent Trusts and Other Funds 687

under this section;

(B) there being in effect an approved

mitigation plan under section 5165 of

this title; and

(C) a demonstrated commitment to

mitigation activities.

(3) Approval

The President shall approve an application submitted under paragraph (1) that

meets the criteria established under

paragraph (2).

(4) Withdrawal of approval

If, after approving an application of a

State submitted under paragraph (1), the

President determines that the State is

not administering the hazard mitigation

grant program established by this

section in a manner satisfactory to the

President, the President shall withdraw

the approval.

(5) Audits

The President shall provide for periodic

audits of the hazard mitigation grant

programs administered by States under

this subsection. (42 U.S.C. 5170c)

Federal facilities

Sec. 405 (a) Repair, reconstruction,

restoration, or replacement of United

States facilities

The President may authorize any Federal

agency to repair, reconstruct, restore, or

replace any facility owned by the United

States and under the jurisdiction of such

agency which is damaged or destroyed by

any major disaster if he determines that

such repair, reconstruction, restoration, or

replacement is of such importance and

urgency that it cannot reasonably be

deferred pending the enactment of

specific authorizing legislation or the

making of an appropriation for such

purposes, or the obtaining of congressional committee approval.

(b) Availability of funds appropriated to

agency for repair, reconstruction, restoration, or replacement of agency facilities

In order to carry out the provisions of this

section, such repair, reconstruction,

restoration, or replacement may be begun

notwithstanding a lack or an insufficiency

of funds appropriated for such purpose,

where such lack or insufficiency can be

remedied by the transfer, in accordance

with law, of funds appropriated to that

agency for another purpose.

(c) Steps for mitigation of hazards

In implementing this section, Federal

agencies shall evaluate the natural

hazards to which these facilities are

exposed and shall take appropriate action

to mitigate such hazards, including safe

land-use and construction practices, in

accordance with standards prescribed by

the President. (42 U.S.C. 5171)

Repair, restoration, and replacement

of damaged facilities

Sec. 406 (a) Contributions

(1) In general

The President may make contributions -

(A) to a State or local government for

the repair, restoration, reconstruction,

or replacement of a public facility
688 Permanent Trusts and Other Funds

damaged or destroyed by a major

disaster and for associated expenses

incurred by the government; and

(B) subject to paragraph (3), to a

person that owns or operates a private

nonprofit facility damaged or destroyed by a major disaster for the

repair, restoration, reconstruction, or

replacement of the facility and for

associated expenses incurred by the

person.

(2) Associated expenses

For the purposes of this section, associated expenses shall include -

(A) the costs of mobilizing and employing the National Guard for performance of eligible work;

(B) the costs of using prison labor to

perform eligible work, including wages

actually paid, transportation to a

worksite, and extraordinary costs of

guards, food, and lodging; and

(C) base and overtime wages for the

employees and extra hires of a State,

local government, or person described

in paragraph (1) that perform eligible

work, plus fringe benefits on such

wages to the extent that such benefits

were being paid before the major

disaster.

(3) Conditions for assistance to private

nonprofit facilities

(A) In general

The President may make contributions

to a private nonprofit facility under

paragraph (1)(B) only if -

(i) the facility provides critical

services (as defined by the President) in the event of a major disaster; or (ii) the owner or operator of

the facility -

 (I) has applied for a disaster loan

under section 636(b) of title 15; and

(II)(aa) has been determined to be

ineligible for such a loan; or

(bb) has obtained such a loan in

the maximum amount for which

the Small Business Administration

determines the facility is eligible.

(B) Definition of critical services

In this paragraph, the term “critical

services” includes power, water

(including water provided by an

irrigation organization or facility),

sewer, wastewater treatment, communications, and emergency medical

care.

(4) Notification to Congress

Before making any contribution under

this section in an amount greater than

$20,000,000, the President shall notify -

(A) the Committee on Environment

and Public Works of the Senate;

 (B) the Committee on Transportation

and Infrastructure of the House of

Representatives;

(C) the Committee on Appropriations

of the Senate; and

(D) the Committee on Appropriations

of the House of Representatives.

(b) Federal share

(1) Minimum Federal share
Permanent Trusts and Other Funds 689

Except as provided in paragraph (2), the

Federal share of assistance under this

section shall be not less than 75 percent

of the eligible cost of repair, restoration,

reconstruction, or replacement carried

out under this section.

(2) Reduced Federal share

The President shall promulgate regulations to reduce the Federal share of

assistance under this section to not less

than 25 percent in the case of the repair,

restoration, reconstruction, or replacement of any eligible public facility or

private nonprofit facility following an

event associated with a major disaster -

(A) that has been damaged, on more

than one occasion within the preceding

10-year period, by the same type of

event; and

(B) the owner of which has failed to

implement appropriate mitigation

measures to address the hazard that

caused the damage to the facility.

(c) Large in-lieu contributions

(1) For public facilities

(A) In general

In any case in which a State or local

government determines that the public

welfare would not best be served by

repairing, restoring, reconstructing, or

replacing any public facility owned or

controlled by the State or local government, the State or local government

may elect to receive, in lieu of a

contribution under subsection

(a)(1)(A) of this section, a contribution

in an amount equal to 75 percent of

the Federal share of the Federal

estimate of the cost of repairing,

restoring, reconstructing, or replacing

the facility and of management

expenses.

(B) Areas with unstable soil

In any case in which a State or local

government determines that the public

welfare would not best be served by

repairing, restoring, reconstructing, or

replacing any public facility owned or

controlled by the State or local government because soil instability in the

disaster area makes repair, restoration,

reconstruction, or replacement infeasible, the State or local government

may elect to receive, in lieu of a

contribution under subsection

(a)(1)(A) of this section, a contribution

in an amount equal to 90 percent of

the Federal share of the Federal

estimate of the cost of repairing,

restoring, reconstructing, or replacing

the facility and of management

expenses.

(C) Use of funds

Funds contributed to a State or local

government under this paragraph may

be used -

(i) to repair, restore, or expand other

selected public facilities;

(ii) to construct new facilities; or

(iii) to fund hazard mitigation measures that the State or local government determines to be necessary to

meet a need for governmental

services and functions in the area

affected by the major disaster.
690 Permanent Trusts and Other Funds

(D) Limitations

Funds made available to a State or

local government under this paragraph

may not be used for -

(i) any public facility located in a

regulatory floodway (as defined in

section 59.1 of title 44, Code of

Federal Regulations (or a successor

regulation)); or

(ii) any uninsured public facility

located in a special flood hazard area

identified by the Director of the

Federal Emergency Management

Agency under the National Flood

Insurance Act of 1968 (42 U.S.C.

4001 et seq.).

(2) For private nonprofit facilities

(A) In general

In any case in which a person that

owns or operates a private nonprofit

facility determines that the public

welfare would not best be served by

repairing, restoring, reconstructing, or

replacing the facility, the person may

elect to receive, in lieu of a contribution under subsection (a)(1)(B) of this

section, a contribution in an amount

equal to 75 percent of the Federal

share of the Federal estimate of the

cost of repairing, restoring, reconstructing, or replacing the facility and

of management expenses.

(B) Use of funds

Funds contributed to a person under

this paragraph may be used -

(i) to repair, restore, or expand other

selected private nonprofit facilities

owned or operated by the person;

(ii) to construct new private nonprofit facilities to be owned or

operated by the person; or

(iii) to fund hazard mitigation measures that the person determines to

be necessary to meet a need for the

person’s services and functions in

the area affected by the major

disaster.

(C) Limitations

Funds made available to a person

under this paragraph may not be used

for -

(i) any private nonprofit facility

located in a regulatory floodway (as

defined in section 59.1 of title 44,

Code of Federal Regulations (or a

successor regulation)); or

(ii) any uninsured private nonprofit

facility located in a special flood

hazard area identified by the Director of the Federal Emergency

Management Agency under the

National Flood Insurance Act of

1968 (42 U.S.C. 4001 et seq.).

(d) Flood insurance

(1) Reduction of Federal assistance

If a public facility or private nonprofit

facility located in a special flood hazard

area identified for more than 1 year by

the Director pursuant to the National

Flood Insurance Act of 1968 (42 U.S.C.

4001 et seq.) is damaged or destroyed,

after the 180th day following November

23, 1988, by flooding in a major disaster

and such facility is not covered on the
Permanent Trusts and Other Funds 691

date of such flooding by flood insurance,

the Federal assistance which would

otherwise be available under this section

with respect to repair, restoration,

reconstruction, and replacement of such

facility and associated expenses shall be

reduced in accordance with paragraph

(2).

(2) Amount of reduction

The amount of a reduction in Federal

assistance under this section with

respect to a facility shall be the lesser of -

(A) the value of such facility on the

date of the flood damage or destruction, or

(B) the maximum amount of insurance

proceeds which would have been

payable with respect to such facility if

such facility had been covered by

flood insurance under the National

Flood Insurance Act of 1968 on such

date.

(3) Exception

Paragraphs (1) and (2) shall not apply to

a private nonprofit facility which is not

covered by flood insurance solely

because of the local government’s

failure to participate in the flood insurance program established by the

National Flood Insurance Act.

(4) Dissemination of information

The President shall disseminate information regarding the reduction in

Federal assistance provided for by this

subsection to State and local governments and the owners and operators of

private nonprofit facilities who may be

affected by such a reduction.

(e) Eligible cost

(1) Determination

(A) In general

For the purposes of this section, the

President shall estimate the eligible

cost of repairing, restoring, reconstructing, or replacing a public facility

or private nonprofit facility -

(i) on the basis of the design of the

facility as the facility existed immediately before the major disaster; and

(ii) in conformity with codes, specifications, and standards (including

floodplain management and hazard

mitigation criteria required by the

President or under the Coastal

Barrier Resources Act (16 U.S.C.

3501 et seq.)) applicable at the time

at which the disaster occurred.

(B) Cost estimation procedures

(i) In general

Subject to paragraph (2), the President shall use the cost estimation

procedures established under

paragraph (3) to determine the

eligible cost under this subsection.

(ii) Applicability

The procedures specified in this

paragraph and paragraph (2) shall

apply only to projects the eligible

cost of which is equal to or greater

than the amount specified in section

5189 of this title.

(2) Modification of eligible cost
692 Permanent Trusts and Other Funds

(A) Actual cost greater than ceiling

percentage of estimated cost

In any case in which the actual cost of

repairing, restoring, reconstructing, or

replacing a facility under this section is

greater than the ceiling percentage

established under paragraph (3) of the

cost estimated under paragraph (1), the

President may determine that the

eligible cost includes a portion of the

actual cost of the repair, restoration,

reconstruction, or replacement that

exceeds the cost estimated under

paragraph (1).

(B) Actual cost less than estimated

cost

(i) Greater than or equal to floor

percentage of estimated cost In any

case in which the actual cost of

repairing, restoring, reconstructing,

or replacing a facility under this

section is less than 100 percent of

the cost estimated under paragraph

(1), but is greater than or equal to

the floor percentage established

under paragraph (3) of the cost

estimated under paragraph (1), the

State or local government or person

receiving funds under this section

shall use the excess funds to carry

out cost-effective activities that

reduce the risk of future damage,

hardship, or suffering from a major

disaster.

(ii) Less than floor percentage of

estimated cost In any case in which

the actual cost of repairing, restoring,

reconstructing, or replacing a facility

under this section is less than the

floor percentage established under

paragraph (3) of the cost estimated

under paragraph (1), the State or

local government or person receiving

assistance under this section shall

reimburse the President in the

amount of the difference.

(C) No effect on appeals process

Nothing in this paragraph affects any

right of appeal under section 5189a of

this title.

(3) Expert panel

(A) Establishment

Not later than 18 months after October 30, 2000, the President, acting

through the Director of the Federal

Emergency Management Agency,

shall establish an expert panel, which

shall include representatives from the

construction industry and State and

local government.

(B) Duties

The expert panel shall develop recommendations concerning -

(i) procedures for estimating the cost

of repairing, restoring, reconstructing, or replacing a facility consistent

with industry practices; and

(ii) the ceiling and floor percentages

referred to in paragraph (2).

(C) Regulations

Taking into account the recommendations of the expert panel under subparagraph (B), the President shall

promulgate regulations that establish -

(i) cost estimation procedures
Permanent Trusts and Other Funds 693

described in subparagraph (B)(i);

and

(ii) the ceiling and floor percentages

referred to in paragraph (2).

(D) Review by President

Not later than 2 years after the date of

promulgation of regulations under

subparagraph (C) and periodically

thereafter, the President shall review

the cost estimation procedures and the

ceiling and floor percentages established under this paragraph.

(E) Report to Congress

Not later than 1 year after the date of

promulgation of regulations under

subparagraph (C), 3 years after that

date, and at the end of each 2-year

period thereafter, the expert panel

shall submit to Congress a report on

the appropriateness of the cost

estimation procedures.

(4) Special rule

In any case in which the facility being

repaired, restored, reconstructed, or

replaced under this section was under

construction on the date of the major

disaster, the cost of repairing, restoring,

reconstructing, or replacing the facility

shall include, for the purposes of this

section, only those costs that, under the

contract for the construction, are the

owner’s responsibility and not the

contractor’s responsibility. (42 U.S.C.

5172)

Debris removal

Sec. 407 (a) Presidential authority

The President, whenever he determines it

to be in the public interest, is authorized -

(1) through the use of Federal departments, agencies, and instrumentalities,

to clear debris and wreckage resulting

from a major disaster from publicly and

privately owned lands and waters; and

(2) to make grants to any State or local

government or owner or operator of a

private nonprofit facility for the purpose

of removing debris or wreckage resulting from a major disaster from publicly

or privately owned lands and waters.

(b) Authorization by State or local government; indemnification agreement

No authority under this section shall be

exercised unless the affected State or

local government shall first arrange an

unconditional authorization for removal of

such debris or wreckage from public and

private property, and, in the case of

removal of debris or wreckage from

private property, shall first agree to

indemnify the Federal Government

against any claim arising from such

removal.

(c) Rules relating to large lots

The President shall issue rules which

provide for recognition of differences

existing among urban, suburban, and rural

lands in implementation of this section so

as to facilitate adequate removal of debris

and wreckage from large lots.

(d) Federal share

The Federal share of assistance under

this section shall be not less than 75

percent of the eligible cost of debris and
694 Permanent Trusts and Other Funds

wreckage removal carried out under this

section. (42 U.S.C. 5173)

***

Food coupons and distribution

Sec. 412 (a) Persons eligible; terms and

conditions

Whenever the President determines that,

as a result of a major disaster, lowincome households are unable to purchase adequate amounts of nutritious

food, he is authorized, under such terms

and conditions as he may prescribe, to

distribute through the Secretary of

Agriculture or other appropriate agencies

coupon allotments to such households

pursuant to the provisions of the Food

Stamp Act of 1964 (P.L. 91-671; 84 Stat.

2048) (7 U.S.C. 2011 et seq.) and to

make surplus commodities available

pursuant to the provisions of this chapter.

(b) Duration of assistance; factors

considered

The President, through the Secretary of

Agriculture or other appropriate agencies,

is authorized to continue to make such

coupon allotments and surplus commodities available to such households for so

long as he determines necessary, taking

into consideration such factors as he

deems appropriate, including the consequences of the major disaster on the

earning power of the households, to

which assistance is made available under

this section.

(c) Food Stamp Act provisions unaffected

Nothing in this section shall be construed

as amending or otherwise changing the

provisions of the Food Stamp Act of 1964

(7 U.S.C. 2011 et seq.) except as they

relate to the availability of food stamps in

an area affected by a major disaster. (42

U.S.C. 5179)

***

Community disaster loans

Sec. 417(a)(b) (a) In general

The President is authorized to make loans

to any local government which may

suffer a substantial loss of tax and other

revenues as a result of a major disaster,

and has demonstrated a need for financial

assistance in order to perform its governmental functions.

(b) Amount

The amount of any such loan shall be

based on need, shall not exceed 25 per

centum of the annual operating budget of

that local government for the fiscal year

in which the major disaster occurs, and

shall not exceed $5,000,000.

(c) Repayment

(1) Cancellation

Repayment of all or any part of such

loan to the extent that revenues of the

local government during the three full

fiscal year period following the major

disaster are insufficient to meet the

operating budget of the local government, including additional disasterrelated expenses of a municipal operation character shall be cancelled.

(2) Condition on continuing eligibility

A local government shall not be eligible

for further assistance under this section
Permanent Trusts and Other Funds 695

during any period in which the local

government is in arrears with respect to

a required repayment of a loan under

this section.

(d) Effect on other assistance

Any loans made under this section shall

not reduce or otherwise affect any grants

or other assistance under this chapter. (42

U.S.C. 5184)

Emergency communications

Sec. 418 The President is authorized

during, or in anticipation of, an emergency

or major disaster to establish temporary

communications systems and to make

such communications available to State

and local government officials and other

persons as he deems appropriate. (42

U.S.C. 5185)

Emergency public transportation

Sec. 419 The President is authorized to

provide temporary public transportation

service in an area affected by a major

disaster to meet emergency needs and to

provide transportation to governmental

offices, supply centers, stores, post

offices, schools, major employment

centers, and such other places as may be

necessary in order to enable the community to resume its normal pattern of life as

soon as possible. (42 U.S.C. 5186)

Fire management assistance

(a) In general

The President is authorized to provide

assistance, including grants, equipment,

supplies, and personnel, to any State or

local government for the mitigation,

management, and control of any fire on

public or private forest land or grassland

that threatens such destruction as would

constitute a major disaster.

(b) Coordination with State and tribal

departments of forestry

In providing assistance under this section,

the President shall coordinate with State

and tribal departments of forestry.

(c) Essential assistance

In providing assistance under this section,

the President may use the authority

provided under section 5170b of this title.

(d) Rules and regulations

The President shall prescribe such rules

and regulations as are necessary to carry

out this section. (42 U.S.C. 5187)

Timber sale contracts

(a) Cost-sharing arrangement

Where an existing timber sale contract

between the Secretary of Agriculture or

the Secretary of the Interior and a timber

purchaser does not provide relief from

major physical change not due to negligence of the purchaser prior to approval

of construction of any section of specified

road or of any other specified development facility and, as a result of a major

disaster, a major physical change results

in additional construction work in connection with such road or facility by such

purchaser with an estimated cost, as

determined by the appropriate Secretary,

(1) of more than $1,000 for sales under

one million board feet, (2) of more than

$1 per thousand board feet for sales of
696 Permanent Trusts and Other Funds

one to three million board feet, or (3) of

more than $3,000 for sales over three

million board feet, such increased construction cost shall be borne by the United

States.

(b) Cancellation of authority

If the appropriate Secretary determines

that damages are so great that restoration, reconstruction, or construction is not

practical under the cost-sharing arrangement authorized by subsection (a) of this

section, he may allow cancellation of a

contract entered into by his Department

notwithstanding contrary provisions

therein.

(c) Public notice of sale

The Secretary of Agriculture is authorized

to reduce to seven days the minimum

period of advance public notice required

by section 476 (Section 476 repealed) of

title 16, in connection with the sale of

timber from national forests, whenever

the Secretary determines that (1) the sale

of such timber will assist in the construction of any area of a State damaged by a

major disaster, (2) the sale of such timber

will assist in sustaining the economy of

such area, or (3) the sale of such timber

is necessary to salvage the value of

timber damaged in such major disaster or

to protect undamaged timber.

(d) State grants for removal of damaged

timber; reimbursement of expenses

limited to salvage value of removed

timber

The President, when he determines it to

be in the public interest, is authorized to

make grants to any State or local government for the purpose of removing from

privately owned lands timber damaged as

a result of a major disaster, and such

State or local government is authorized

upon application, to make payments out of

such grants to any person for reimbursement of expenses actually incurred by

such person in the removal of damaged

timber, not to exceed the amount that

such expenses exceed the salvage value

of such timber. (42 U.S.C. 5188)

Simplified procedure

If the Federal estimate of the cost of -

(1) repairing, restoring, reconstructing,

or replacing under section 5172 of this

title any damaged or destroyed public

facility or private nonprofit facility,

(2) emergency assistance under section

5170b or 5192 of this title, or

(3) debris removed under section 5173

of this title, is less than $35,000, the

President (on application of the State or

local government or the owner or

operator of the private nonprofit facility)

may make the contribution to such State

or local government or owner or

operator under section 5170b, 5172,

5173, or 5192 of this title, as the case

may be, on the basis of such Federal

estimate. Such $35,000 amount shall be

adjusted annually to reflect changes in

the Consumer Price Index for All Urban

Consumers published by the Department of Labor. (42 U.S.C. 5189)

Appeals of assistance decisions

(a) Right of appeal
Permanent Trusts and Other Funds 697

Any decision regarding eligibility for,

from, or amount of assistance under this

subchapter may be appealed within 60

days after the date on which the applicant

for such assistance is notified of the

award or denial of award of such assistance.

(b) Period for decision

A decision regarding an appeal under

subsection (a) of this section shall be

rendered within 90 days after the date on

which the Federal official designated to

administer such appeals receives notice

of such appeal.

(c) Rules

The President shall issue rules which

provide for the fair and impartial consideration of appeals under this section. (42

U.S.C. 5189a)

Date of eligibility; expenses incurred

before date of disaster

Eligibility for Federal assistance under this

subchapter shall begin on the date of the

occurrence of the event which results in a

declaration by the President that a major

disaster exists; except that reasonable

expenses which are incurred in anticipation of and immediately preceding such

event may be eligible for Federal assistance under this chapter. (42 U.S.C.

5189b)

***

Authorization of appropriations for

defense conversion activities

(a) In general

In addition to amounts made available

under section 3231 of this title, there are

authorized to be appropriated such sums

as are necessary to carry out section

3149(c)(1) of this title, to remain available

until expended.

(b) Pilot projects

Funds made available under subsection

(a) of this section may be used for

activities including pilot projects for

privatization of, and economic development activities for, closed or realigned

military or Department of Energy installations. (42 U.S.C. 3232)

Authorization of appropriations for

disaster economic recovery activities

(a) In general

In addition to amounts made available

under section 3231 of this title, there are

authorized to be appropriated such sums

as are necessary to carry out section

3149(c)(2) of this title, to remain available

until expended.

(b) Federal share

The Federal share of the cost of activities

funded with amounts made available

under subsection (a) of this section shall

be up to 100 percent. (42 U.S.C. 3233)

Declaration of policy

The purpose of this subchapter is to

provide a system of emergency preparedness for the protection of life and property in the United States from hazards

and to vest responsibility for emergency

preparedness jointly in the Federal

Government and the States and their

political subdivisions. The Congress
698 Permanent Trusts and Other Funds

recognizes that the organizational structure established jointly by the Federal

Government and the States and their

political subdivisions for emergency

preparedness purposes can be effectively

utilized to provide relief and assistance to

people in areas of the United States

struck by a hazard. The Federal Government shall provide necessary direction,

coordination, and guidance, and shall

provide necessary assistance, as authorized in this subchapter so that a comprehensive emergency preparedness system

exists for all hazards. (42 U.S.C. 5195)

 Definitions

(a) Definitions

For purposes of this subchapter only:

(1) Hazard

The term “hazard” means an emergency or disaster resulting from -

(A) a natural disaster; or

(B) an accidental or man-caused

event.

 (2) Natural disaster

The term “natural disaster” means any

hurricane, tornado, storm, flood, high

water, wind-driven water, tidal wave,

tsunami, earthquake, volcanic eruption,

landslide, mudslide, snowstorm, drought,

fire, or other catastrophe in any part of

the United States which causes, or

which may cause, substantial damage or

injury to civilian property or persons.

(3) Emergency preparedness

The term “emergency preparedness”

means all those activities and measures

designed or undertaken to prepare for

or minimize the effects of a hazard upon

the civilian population, to deal with the

immediate emergency conditions which

would be created by the hazard, and to

effectuate emergency repairs to, or the

emergency restoration of, vital utilities

and facilities destroyed or damaged by

the hazard. Such term includes the

following:

(A) Measures to be undertaken in

preparation for anticipated hazards

(including the establishment of appropriate organizations, operational plans,

and supporting agreements, the

recruitment and training of personnel,

the conduct of research, the procurement and stockpiling of necessary

materials and supplies, the provision of

suitable warning systems, the construction or preparation of shelters,

shelter areas, and control centers, and,

when appropriate, the non-military

evacuation of the civilian population).

(B) Measures to be undertaken during

a hazard (including the enforcement of

passive defense regulations prescribed

by duly established military or civil

authorities, the evacuation of personnel to shelter areas, the control of

traffic and panic, and the control and

use of lighting and civil communications).

(C) Measures to be undertaken

following a hazard (including activities

for fire fighting, rescue, emergency

medical, health and sanitation services,

monitoring for specific dangers of

special weapons, unexploded bomb
Permanent Trusts and Other Funds 699

reconnaissance, essential debris

clearance, emergency welfare measures, and immediately essential

emergency repair or restoration of

damaged vital facilities).

(4) Organizational equipment

The term “organizational equipment”

means equipment determined by the

Director to be necessary to an emergency preparedness organization, as

distinguished from personal equipment,

and of such a type or nature as to

require it to be financed in whole or in

part by the Federal Government. Such

term does not include those items which

the local community normally uses in

combating local disasters, except when

required in unusual quantities dictated

by the requirements of the emergency

preparedness plans.

(5) Materials

The term “materials” includes raw

materials, supplies, medicines, equipment, component parts and technical

information and processes necessary

for emergency preparedness.

(6) Facilities

The term “facilities”, except as otherwise provided in this subchapter,

includes buildings, shelters, utilities, and

land.

 (7) Director

The term “Director” means the Director of the Federal Emergency Management Agency.

(8) Neighboring countries

The term “neighboring countries”

includes Canada and Mexico.

(9) United States and States

The terms “United States” and “States”

includes 2

 the several States, the District

of Columbia, and territories and possessions of the United States.

(10) State

The term “State” includes interstate

emergency preparedness authorities

established under section 5196(h) of this

title.

(b) Cross reference

The terms “national defense” and “defense”, as used in the Defense Production Act of 1950 (50 U.S.C. App. 2061 et

seq.), includes emergency preparedness

activities conducted pursuant to this

subchapter. (42 U.S.C. 5195a)

2

 So in original. Probably should be

“include”.

***

Use of funds to prepare for and

respond to hazards

Funds made available to the States under

this subchapter may be used by the States

for the purposes of preparing for hazards

and providing emergency assistance in

response to hazards. Regulations prescribed to carry out this section shall

authorize the use of emergency preparedness personnel, materials, and facilities

supported in whole or in part through

contributions under this subchapter for

emergency preparedness activities and

measures related to hazards. (42 U.S.C.

5196d)
700 Permanent Trusts and Other Funds

***
Federal Advisory Committees 701

Federal Advisory Committee Act

October 6, 1972 (Pub. L. 92-463, 86 Stat. 770; 5 U.S.C.

Appendix 2 Sections 1-15)

***

Sec. 2 Findings and purpose

(a) The Congress finds that there are

numerous committees, boards, commissions, councils, and similar groups which

have been established to advise officers

and agencies in the executive branch of

the Federal Government and that they are

frequently a useful and beneficial means

of furnishing expert advice, ideas, and

diverse opinions to the Federal Government.

(b) The Congress further finds and

declares that -

(1) the need for many existing advisory

committees has not been adequately

reviewed:

(2) new advisory committees should be

established only when they are determined to be essential and their number

should be kept to the minimum necessary;

(3) advisory committees should be

terminated when they are no longer

carrying out the purposes for which

they were established;

(4) standards and uniform procedures

should govern the establishment,

operation, administration, and duration

of advisory committees;

(5) the Congress and the public should

be kept informed with respect to the

number, purpose, membership, activities,

and cost of advisory committees; and

(6) the function of advisory committees

should be advisory only, and that all

matters under their consideration should

be determined, in accordance with law,

by the official, agency, or officer

involved.

Sec. 3 Definitions

For the purpose of this Act -

(1) The term “Administrator” means the

Administrator of General Services.

(2) The term “advisory committee”

means any committee, board, commission, council, conference, panel, task

force, or other similar group, or any

subcommittee or other subgroup thereof

(hereafter in this paragraph referred to

as “committee”),which is -

(A) established by statute or reorganization plan, or

(B) established or utilized by the

President, or

(C) established or utilized by one or

more agencies, in the interest of

obtaining advice or recommendations

for the President or one or more

agencies or officers of the Federal

Government, except that such term

excludes (i) any committee that is

composed wholly of full-time, or

permanent part-time, officers or
702 Federal Advisory Committees

employees of the Federal Government,

and (ii) any committee that is created

by the National Academy of Sciences

or the National Academy of Public

Administration.

(3) The term “agency” has the same

meaning as in section 551(1) of title 5,

United States Code.

(4) The term “Presidential advisory

committee” means an advisory committee which advises the President.

Sec. 4 Applicability; restrictions

(a) The provisions of this Act or of any

rule, order, or regulation promulgated

under this Act shall apply to each advisory committee except to the extent that

any Act of Congress establishing any

such advisory committee specifically

provides otherwise.

(b) Nothing in this Act shall be construed

to apply to any advisory committee

established or utilized by - (1) the Central

Intelligence Agency; or (2) the Federal

Reserve System.

(c) Nothing in this Act shall be construed

to apply to any local civic group whose

primary function is that of rendering a

public service with respect to a Federal

program, or any State or local committee,

council, board, commission, or similar

group established to advise or make

recommendations to State or local

officials or agencies.

Sec. 5 Responsibilities of

Congressional committees; review;

guidelines 

(a) In the exercise of its legislative review

function, each standing committee of the

Senate and the House of Representatives

shall make a continuing review of the

activities of each advisory committee

under its jurisdiction to determine whether

such advisory committee should be

abolished or merged with any other

advisory committee, whether the responsibilities of such advisory committee

should be revised, and whether such

advisory committee performs a necessary

function not already being performed.

Each such standing committee shall take

appropriate action to obtain the enactment

of legislation necessary to carry out the

purpose of this subsection.

(b) In considering legislation establishing,

or authorizing the establishment of any

advisory committee, each standing

committee of the Senate and of the

House of Representatives shall determine, and report such determination to the

Senate or to the House of Representatives, as the case may be, whether the

functions of the proposed advisory

committee are being or could be performed by one or more agencies or by an

advisory committee already in existence,

or by enlarging the mandate of an existing

advisory committee. Any such legislation

shall -

(1) contain a clearly defined purpose for

the advisory committee;

(2) require the membership of the

advisory committee to be fairly balanced in terms of the points of view

represented and the functions to be

performed by the advisory committee;
Federal Advisory Committees 703

(3) contain appropriate provisions to

assure that the advice and recommendations of the advisory committee will

not be inappropriately influenced by the

appointing authority or by any special

interest, but will instead be the result of

the advisory committee’s independent

judgment;

(4) contain provisions dealing with

authorization of appropriations, the date

for submission of reports (if any), the

duration of the advisory committee, and

the publication of reports and other

materials, to the extent that the standing

committee determines the provisions of

section 10 of this Act to be inadequate;

and

(5) contain provisions which will assure

that the advisory committee will have

adequate staff (either supplied by an

agency or employed by it), will be

provided adequate quarters, and will

have funds available to meet its other

necessary expenses.

(c) To the extent they are applicable, the

guidelines set out in subsection (b) of this

section shall be followed by the President,

agency heads, or other Federal officials in

creating an advisory committee.

Sec. 6 Responsibilities of the

President; report to Congress;

annual report to Congress; exclusion

(a) The President may delegate responsibility for evaluating and taking action,

where appropriate, with respect to all

public recommendations made to him by

Presidential advisory committees.

(b) Within one year after a Presidential

advisory committee has submitted a

public report to the President, the President or his delegate shall make a report to

the Congress stating either his proposals

for action or his reasons for inaction, with

respect to the recommendations contained in the public report.

(c) The President shall, not later than

December 31 of each year, make an

annual report to the Congress on the

activities, status, and changes in the

composition of advisory committees in

existence during the preceding fiscal year.

The report shall contain the name of

every advisory committee, the date of and

authority for its creation, its termination

date or the date it is to make a report, its

functions, a reference to the reports it has

submitted, a statement of whether it is an

ad hoc or continuing body, the dates of its

meetings, the names and occupations of

its current members, and the total estimated annual cost to the United States to

fund, service, supply, and maintain such

committee. Such report shall include a list

of those advisory committees abolished

by the President, and in the case of

advisory committees established by

statute, a list of those advisory committees which the President recommends be

abolished together with his reasons

therefor. The President shall exclude

from this report any information which, in

his judgment, should be withheld for

reasons of national security, and he shall

include in such report a statement that

such information is excluded.

Sec. 7 Responsibilities of the

Administrator of General Services;

Committee Management
704 Federal Advisory Committees

Secretariat, establishment;

review;recommendations to

President and Congress; agency

cooperation; performance

guidelines; uniform pay guidelines;

travel expenses; expense

recommendations

(a) The Administrator shall establish and

maintain within the General Services

Administration a Committee Management

Secretariat, which shall be responsible for

all matters relating to advisory committees.

(b) The Administrator shall, immediately

after October 6, 1972, institute a comprehensive review of the activities and

responsibilities of each advisory committee to determine –

(1) whether such committee is carrying

out its purpose;

(2) whether, consistent with the provisions of applicable statutes, the responsibilities assigned to it should be revised;

(3) whether it should be merged with

other advisory committees; or

(4) whether it should be abolished. The

Administrator may from time to time

request such information as he deems

necessary to carry out his functions

under this subsection. Upon the completion of the Administrator’s review he

shall make recommendations to the

President and to either the agency head

or the Congress with respect to action

he believes should be taken. Thereafter,

the Administrator shall carry out a

similar review annually. Agency heads

shall cooperate with the Administrator in

making the reviews required by this

subsection.

(c) The Administrator shall prescribe

administrative guidelines and management

controls applicable to advisory committees, and, to the maximum extent feasible,

provide advice, assistance, and guidance

to advisory committees to improve their

performance. In carrying out his functions

under this subsection, the Administrator

shall consider the recommendations of

each agency head with respect to means

of improving the performance of advisory

committees whose duties are related to

such agency.

(d)(1) The Administrator, after study and

consultation with the Director of the

Office of Personnel Management, shall

establish guidelines with respect to

uniform fair rates of pay for comparable

services of members, staffs, and consultants of advisory committees in a manner

which gives appropriate recognition to the

responsibilities and qualifications required

and other relevant factors. Such regulations shall provide that –

(A) no member of any advisory

committee or of the staff of any

advisory committee shall receive

compensation at a rate in excess of

the rate specified for GS-18 of the

General Schedule under section 5332

of title 5, United States Code;

(B) such members, while engaged in

the performance of their duties away

from their homes or regular places of

business, may be allowed travel

expenses, including per diem in lieu of

subsistence, as authorized by section
Federal Advisory Committees 705

5703 of title 5, United States Code, for

persons employed intermittently in the

Government service; and

(C) such members -

(i) who are blind or deaf or who

otherwise qualify as handicapped

individuals (within the meaning of

section 501 of the Rehabilitation Act

of 1973 (29 U.S.C. 794)), and

(ii) who do not otherwise qualify for

assistance under section 3102 of title

5, United States Code, by reason of

being an employee of an agency

(within the meaning of section

3102(a)(1) of such title 5), may be

provided services pursuant to section

3102 of such title 5 while in performance of their advisory committee

duties.

(2) Nothing in this subsection shall

prevent -

(A) an individual who (without regard

to his service with an advisory committee) is a full-time employee of the

United States, or

(B) an individual who immediately

before his service with an advisory

committee was such an employee,

from receiving compensation at the

rate at which he otherwise would be

compensated (or was compensated)

as a full-time employee of the United

States.

(e) The Administrator shall include in

budget recommendations a summary of

the amounts he deems necessary for the

expenses of advisory committees, including the expenses for publication of reports

where appropriate.

Sec. 8 Responsibilities of agency

heads; Advisory Committee

Management Officer, designation

(a) Each agency head shall establish

uniform administrative guidelines and

management controls for advisory

committees established by that agency,

which shall be consistent with directives

of the Administrator under section 7 and

section 10. Each agency shall maintain

systematic information on the nature,

functions, and operations of each advisory

committee within its jurisdiction.

(b) The head of each agency which has

an advisory committee shall designate an

Advisory Committee Management

Officer who shall -

(1) exercise control and supervision

over the establishment, procedures, and

accomplishments of advisory committees established by that agency;

(2) assemble and maintain the reports,

records, and other papers of any such

committee during its existence; and

(3) carry out, on behalf of that agency,

the provisions of section 552 of title 5,

United States Code, with respect to

such reports, records, and other papers.

Sec. 9 Establishment and purpose of

advisory committees; publication in

Federal Register; charter: filing,

contents, copy

(a) No advisory committee shall be

established unless such establishment is -

(1) specifically authorized by statute or
706 Federal Advisory Committees

by the President; or

(2) determined as a matter of formal

record, by the head of the agency

involved after consultation with the

Administrator, with timely notice

published in the Federal Register, to be

in the public interest in connection with

the performance of duties imposed on

that agency by law.

(b) Unless otherwise specifically provided

by statute or Presidential directive,

advisory committees shall be utilized

solely for advisory functions. Determinations of action to be taken and policy to

be expressed with respect to matters

upon which an advisory committee

reports or makes recommendations shall

be made solely by the President or an

officer of the Federal Government.

(c) No advisory committee shall meet or

take any action until an advisory committee charter has been filed with (1) the

Administrator, in the case of Presidential

advisory committees, or (2) with the head

of the agency to whom any advisory

committee reports and with the standing

committees of the Senate and of the

House of Representatives having legislative jurisdiction of such agency. Such

charter shall contain the following information:

(A) the committee’s official designation;

(B) the committee’s objectives and the

scope of its activity;

(C) the period of time necessary for

the committee to carry out its purposes;

(D) the agency or official to whom the

committee reports;

(E) the agency responsible for providing the necessary support for the

committee;

(F) a description of the duties for

which the committee is responsible,

and, if such duties are not solely

advisory, a specification of the authority for such functions;

(G) the estimated annual operating

costs in dollars and man-years for

such committee;

(H) the estimated number and frequency of committee meetings;

(I) the committee’s termination date, if

less than two years from the date of

the committee’s establishment; and

(J) the date the charter is filed. A copy

of any such charter shall also be

furnished to the Library of Congress.

Sec. 10 Advisory committee

procedures; meetings; notice,

publication in Federal Register;

regulations; minutes; certification;

annual report; Federal officer or

employee, attendance

(a)(1) Each advisory committee meeting

shall be open to the public.

(2) Except when the President determines otherwise for reasons of national

security, timely notice of each such

meeting shall be published in the Federal

Register, and the Administrator shall

prescribe regulations to provide for

other types of public notice to insure
Federal Advisory Committees 707

that all interested persons are notified of

such meeting prior thereto.

(3) Interested persons shall be permitted

to attend, appear before, or file statements with any advisory committee,

subject to such reasonable rules or

regulations as the Administrator may

prescribe.

(b) Subject to section 552 of title 5,

United States Code, the records, reports,

transcripts, minutes, appendixes, working

papers, drafts, studies, agenda, or other

documents which were made available to

or prepared for or by each advisory

committee shall be available for public

inspection and copying at a single location

in the offices of the advisory committee

or the agency to which the advisory

committee reports until the advisory

committee ceases to exist.

(c) Detailed minutes of each meeting of

each advisory committee shall be kept

and shall contain a record of the persons

present, a complete and accurate description of matters discussed and conclusions

reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all

minutes shall be certified to by the

chairman of the advisory committee.

(d) Subsections (a)(1) and (a)(3) of this

section shall not apply to any portion of an

advisory committee meeting where the

President, or the head of the agency to

which the advisory committee reports,

determines that such portion of such

meeting may be closed to the public in

accordance with subsection (c) of section

552b of title 5, United States Code. Any

such determination shall be in writing and

shall contain the reasons for such determination. If such a determination is made,

the advisory committee shall issue a

report at least annually setting forth a

summary of its activities and such related

matters as would be informative to the

public consistent with the policy of section

552(b) of title 5, United States Code.

(e) There shall be designated an officer

or employee of the Federal Government

to chair or attend each meeting of each

advisory committee. The officer or

employee so designated is authorized,

whenever he determines it to be in the

public interest, to adjourn any such

meeting. No advisory committee shall

conduct any meeting in the absence of

that officer or employee.

(f) Advisory committees shall not hold

any meetings except at the call of, or with

the advance approval of, a designated

officer or employee of the Federal

Government, and in the case of advisory

committees (other than Presidential

advisory committees), with an agenda

approved by such officer or employee.

Sec. 11 Availability of transcripts;

“agency proceeding”

(a) Except where prohibited by contractual agreements entered into prior to the

effective date of this Act, agencies and

advisory committees shall make available

to any person, at actual cost of duplication, copies of transcripts of agency

proceedings or advisory committee

meetings.

(b) As used in this section “agency
708 Federal Advisory Committees

proceeding” means any proceeding as

defined in section 551(12) of title 5,

United States Code.

Sec. 12 Fiscal and administrative

provisions; record-keeping; audit;

agency support services

(a) Each agency shall keep records as

will fully disclose the disposition of any

funds which may be at the disposal of its

advisory committees and the nature and

extent of their activities. The General

Services Administration, or such other

agency as the President may designate,

shall maintain financial records with

respect to Presidential advisory committees. The Comptroller General of the

United States, or any of his authorized

representatives, shall have access, for the

purpose of audit and examination, to any

such records.

(b) Each agency shall be responsible for

providing support services for each

advisory committee established by or

reporting to it unless the establishing

authority provides otherwise. Where any

such advisory committee reports to more

than one agency, only one agency shall be

responsible for support services at any

one time. In the case of Presidential

advisory committees, such services may

be provided by the General Services

Administration.

Sec. 13 Responsibilities of Library of

Congress; reports and background

papers; depository

Subject to section 552 of title 5, United

States Code, the Administrator shall

provide for the filing with the Library of

Congress of at least eight copies of each

report made by every advisory committee

and, where appropriate, background

papers prepared by consultants. The

Librarian of Congress shall establish a

depository for such reports and papers

where they shall be available to public

inspection and use.

Sec. 14 Termination of advisory

committees; renewal; continuation

(a)(1) Each advisory committee which is

in existence on the effective date of this

Act shall terminate not later than the

expiration of the two-year period following such effective date unless -

(A) in the case of an advisory committee established by the President or an

officer of the Federal Government,

such advisory committee is renewed

by the President or that officer by

appropriate action prior to the expiration of such two-year period; or

(B) in the case of an advisory committee established by an Act of Congress,

its duration is otherwise provided for

by law.

(2) Each advisory committee established after such effective date shall

terminate not later than the expiration of

the two-year period beginning on the

date of its establishment unless -

(A) in the case of an advisory committee established by the President or an

officer of the Federal Government

such advisory committee is renewed

by the President or such officer by

appropriate action prior to the end of

such period; or
Federal Advisory Committees 709

(B) in the case of an advisory committee established by an Act of Congress,

its duration is otherwise provided for

by law.

(b)(1) Upon the renewal of any advisory

committee, such advisory committee shall

file a charter in accordance with section

9(c).

(2) Any advisory committee established

by an Act of Congress shall file a

charter in accordance with such section

upon the expiration of each successive

two-year period following the date of

enactment of the Act establishing such

advisory committee.

(3) No advisory committee required

under this subsection to file a charter

shall take any action (other than preparation and filing of such charter) prior to

the date on which such charter is filed.

(c) Any advisory committee which is

renewed by the President or any officer

of the Federal Government may be

continued only for successive two-year

periods by appropriate action taken by the

President or such officer prior to the date

on which such advisory committee would

otherwise terminate.

Sec. 15 Requirements relating to the

National Academy of Sciences and

the National Academy of Public

Administration

(a) In General. - An agency may not use

any advice or recommendation provided

by the National Academy of Sciences or

National Academy of Public Administration that was developed by use of a

committee created by that academy

under an agreement with an agency,

unless -

(1) the committee was not subject to

any actual management or control by an

agency or an officer of the Federal

Government;

(2) in the case of a committee created

after the date of the enactment of the

Federal Advisory Committee Act

Amendments of 1997, the membership

of the committee was appointed in

accordance with the requirements

described in subsection (b)(1); and

(3) in developing the advice or recommendation, the academy complied with -

(A) subsection (b)(2) through (6), in

the case of any advice or recommendation provided by the National

Academy of Sciences; or

(B) subsection (b)(2) and (5), in the

case of any advice or recommendation

provided by the National Academy of

Public Administration.

(b) Requirements. - The requirements

referred to in subsection (a) are as

follows:

(1) The Academy shall determine and

provide public notice of the names and

brief biographies of individuals that the

Academy appoints or intends to appoint

to serve on the committee. The Academy shall determine and provide a

reasonable opportunity for the public to

comment on such appointments before

they are made or, if the Academy

determines such prior comment is not

practicable, in the period immediately

following the appointments. The Acad-
710 Federal Advisory Committees

emy shall make its best efforts to

ensure that (A) no individual appointed

to serve on the committee has a conflict

of interest that is relevant to the functions to be performed, unless such

conflict is promptly and publicly disclosed and the Academy determines

that the conflict is unavoidable, (B) the

committee membership is fairly balanced as determined by the Academy to

be appropriate for the functions to be

performed, and (C) the final report of

the Academy will be the result of the

Academy’s independent judgment. The

Academy shall require that individuals

that the Academy appoints or intends to

appoint to serve on the committee

inform the Academy of the individual’s

conflicts of interest that are relevant to

the functions to be performed.

(2) The Academy shall determine and

provide public notice of committee

meetings that will be open to the public.

(3) The Academy shall ensure that

meetings of the committee to gather

data from individuals who are not

officials, agents, or employees of the

Academy are open to the public, unless

the Academy determines that a meeting

would disclose matters described in

section 552(b) of title 5, United States

Code. The Academy shall make available to the public, at reasonable charge

if appropriate, written materials presented to the committee by individuals

who are not officials, agents, or employees of the Academy, unless the Academy determines that making material

available would disclose matters described in that section.

(4) The Academy shall make available

to the public as soon as practicable, at

reasonable charge if appropriate, a brief

summary of any committee meeting that

is not a data gathering meeting, unless

the Academy determines that the

summary would disclose matters

described in section 552(b) of title 5,

United States Code. The summary shall

identify the committee members

present, the topics discussed, materials

made available to the committee, and

such other matters that the Academy

determines should be included.

(5) The Academy shall make available

to the public its final report, at reasonable charge if appropriate, unless the

Academy determines that the report

would disclose matters described in

section 552(b) of title 5, United States

Code. If the Academy determines that

the report would disclose matters

described in that section, the Academy

shall make public an abbreviated version

of the report that does not disclose

those matters.

(6) After publication of the final report,

the Academy shall make publicly

available the names of the principal

reviewers who reviewed the report in

draft form and who are not officials,

agents, or employees of the Academy.

(c) Regulations. - The Administrator of

General Services may issue regulations

implementing this section.
Federal Advisory Committees 711

Food and Agriculture Act of 1977, Department of

Agriculture Advisory Committees

September 29, 1977 (Pub. L. 95-113, 91 Stat. 913; 7 U.S.C.

2281 to 2286)

Title XVIII – Department of

Agriculture advisory committee

Congressional declaration of

purpose

Sec. 1801 The purposes of this chapter

are to -

(1) require strict financial and program

accounting by advisory committees of

the Department of Agriculture;

(2) assure balance and objectivity in the

membership of such advisory committees; and

(3) prevent the formation or continuation of unnecessary advisory committees by the Department of Agriculture.

(7 U.S.C. 2281)

Definitions

Sec. 1802 When used in this chapter -

(1) the term “Secretary” means the

Secretary of Agriculture of the United

States;

(2) the term “Department of Agriculture” means the United States Department of Agriculture; and

(3) the term “advisory committee”

means any committee, board, commission, council, conference, panel, task

force, or other similar group, or any

subcommittee or other subgroup thereof

that is established or utilized by the

Department of Agriculture in the

interest of obtaining advice or recommendations for the President or the

Department of Agriculture, except that

such term excludes any committee

which (A) is composed wholly of fulltime officers or employees of the

Federal Government, (B) is established

by statute or reorganization plan, or (C)

is established by the President. (7

U.S.C. 2282)

Membership on advisory committees

Sec. 1803 (a) Simultaneous service

No person other than an officer or

employee of the Department of Agriculture may serve simultaneously on more

than one advisory committee, unless

authorized by the Secretary.

(b) Service by more than one officer or

employee of corporation or non-Federal

entity

Not more than one officer or employee of

any corporation or other non-Federal

entity, including all subsidiaries and

affiliates thereof, may serve on the same

advisory committee at any one time,

unless authorized by the Secretary.

(c) Maximum length
712 Federal Advisory Committees

No person other than an officer or

employee of the Department of Agriculture may serve for more than six consecutive years on an advisory committee,

unless authorized by the Secretary. (7

U.S.C. 2283)

Budget prohibitions

Sec. 1805 No advisory committee may

expend funds in excess of its estimated

annual operating costs by more than 10

per centum or $500, whichever is greater,

until it provides the Secretary with an

explanation of the need for the additional

expenditure and the Secretary approves

such additional expenditure. (7 U.S.C.

2285)

Termination of committees

Sec. 1806 The Secretary shall terminate

any advisory committee upon a finding

that any such advisory committee -

(1) has expended funds in excess of its

estimated annual operating costs by

more than 10 per centum or $500,

whichever is greater, without the prior

approval of the Secretary pursuant to

the provisions of section 2285 of this

title;

(2) has failed to file all reports required

under the provisions of the Federal

Advisory Committee Act or this chapter;

(3) has failed to meet for two consecutive years;

(4) is responsible for functions that

otherwise would be or should be

performed by Federal employees; or

(5) does not serve or has ceased to

serve an essential public function. (7

U.S.C. 2286)
Forest Service Business Administration 713

Permits for Public Buildings and Other Public

Works

September 3, 1954 (Ch. 1255, 68 Stat. 1146; 43 U.S.C. 931c,

931d)

Permits, leases, or easements;

authorization to grant;

payment; limitation

Sec. 1 The head of any department or

agency of the Government of the United

States having jurisdiction over public lands

and national forests, except national parks

and monuments, of the United States is

authorized to grant permits, leases, or

easements, in return for the payment of a

price representing the fair market value

of such permit, lease, or easement, to be

fixed by such head of such department or

agency through appraisal, for a period not

to exceed thirty years from the date of

any such permit, lease, or easement to

States, counties, cities, towns, townships,

municipal corporations, or other public

agencies for the purpose of constructing

and maintaining on such lands public

buildings or other public works. In the

event such lands cease to be used for the

purpose for which such permit, lease, or

easement was granted, the same shall

thereupon terminate. (43 U.S.C. 931c)

Additional authority of department

or agency head

Sec. 2 The authority conferred by section

931c of this title shall be in addition to,

and not in derogation of any authority

heretofore conferred upon the head of

any department or agency of the Government of the United States to grant

permits, leases, easements, or rights-ofway. (43 U.S.C. 931d)
714 Forest Service Business Administration

Facilitate and Simplify Work of Forest Service

and to Promote Reforestation

March 3, 1925 (Ch. 457, 43 Stat. 1132; 16 U.S.C. 572, 557,

555)

Cooperation between Secretary of

Agriculture and public

or private agencies in working land

under State or private

ownership

Sec. 1 (a) Payment of expenses by

interested parties; work contemplated

The Secretary of Agriculture is authorized, where the public interest justifies, to

cooperate with or assist public and private

agencies, organizations, institutions, and

persons in performing work on land in

State, county, municipal, or private

ownership, situated within or near a

national forest, for which the administering agency, owner, or other interested

party deposits in one or more payments a

sufficient sum to cover the total estimated

cost of the work to be done for the

benefit of the depositor, for administration,

protection, improvement, reforestation,

and such other kinds of work as the

Forest Service is authorized to do on

lands of the United States: Provided, That

the United States shall not be liable to the

depositor or land-owner for any damage

incident to the performance of such work.

(b) Cooperation where national forests or

lands are used by permittees

Cooperation and assistance on the same

basis as that authorized in subsection (a)

of this section is authorized also in the

performance of any such kinds of work in

connection with the occupancy or use of

the national forests or other lands administered by the Forest Service.

(c) Disposition and availability of moneys;

advancements; adjustments

Moneys deposited under this section shall

be covered into the Treasury and shall

constitute a special fund, which is made

available until expended for payment of

the cost of work performed by the Forest

Service and for refunds to depositors of

amounts deposited by them in excess of

their share of said cost: Provided, That

when deposits are received for a number

of similar types of work on adjacent or

overlapping areas, or on areas which in

the aggregate are determined to cover a

single work unit, they may be expended

on such combined areas for the purposes

for which deposited, in which event

refunds to the depositors of the total

amount of the excess deposits involved

will be made on a proportionate basis:

Provided further, That when so provided

by written agreement payment for work

undertaken pursuant to this section may

be made from any Forest Service appropriation available for similar types of

work, and reimbursement received from

said agencies, organizations, institutions,

or persons covering their proportionate

share of the cost and the funds received
Forest Service Business Administration 715

as reimbursement shall be deposited to

the credit of the Forest Service appropriation from which initially paid or to appropriations for similar purposes currently

available at the time of deposit: Provided

further, That when by the terms of a

written agreement either party thereto

furnishes materials, supplies, equipment,

or services for fire emergencies in excess

of its proportionate share, adjustment may

be made by reimbursement or by replacement in kind of supplies, materials, and

equipment consumed or destroyed in

excess of the furnishing party’s proportionate share. (16 U.S.C. 572)

Sec. 2-3 Repealed

Employees of Forest Service;

subsistence furnished to;

personal equipment; supplies, and

medical attention

Sec. 4 The Secretary of Agriculture is

authorized to furnish subsistence to

employees of the Forest Service, to

purchase personal equipment and supplies

for them, and to make deductions therefor

from moneys appropriated for salary

payments or otherwise due such employees. He is also authorized, in his discretion, to provide out of moneys appropriated for the general expenses of the

Forest Service medical attention for

employees of the Forest Service located

at isolated situations, including the moving

of such employees to hospitals or other

places where medical assistance is

available, and in case of death to remove

the bodies of deceased employees to the

nearest place where they can be prepared for shipment or for burial: Provided,

That when a transient without permanent

residence, or any other person while

away from his place of residence, is

temporarily employed by the Forest

Service and while so employed becomes

disabled because of injury or illness not

attributable to official work, he may be

provided hospitalization and other necessary medical care, subsistence, and

lodging for a period of not to exceed

fifteen days during such disability, the cost

thereof to be payable from any funds

available to the Forest Service applicable

to the work for which such person is

employed. (16 U.S.C. 557)

Forest headquarters, ranger

stations, dwellings, or other

needed sites

Sec. 5 Where no suitable Government

land is available for national forest

headquarters, ranger stations, dwellings,

or for other sites required for the effective conduct of the authorized activities of

the Forest Service, the Secretary of

Agriculture is authorized to purchase such

lands out of the appropriation applicable

to the purpose for which the land is to be

used, and to accept donations of land for

any national forest or experimental

purpose: Provided, That such lands may

be acquired subject to such reservations

and outstanding interests as the Secretary

determines will not interfere with the

purpose for which acquired: Provided

further, That not to exceed $50,000 may

be expended in any one fiscal year

pursuant to this authority. (16 U.S.C. 555)
716 Forest Service Business Administration

Damage to Private Property and Search and

Rescue

May 27, 1930 (Ch. 337, 46 Stat. 387; 16 U.S.C. 574, 575)

Damages caused private property in

protection,

administration, and improvement of

national forests;

reimbursement

Sec. 2 The Secretary of Agriculture is

authorized to reimburse owners of private

property for damage or destruction

thereof caused by employees of the

United States in connection with the

protection, administration, or improvement

of the national forests, payment to be

made from any funds appropriated for the

protection, administration, and improvement of the national forests: Provided,

That no payment in excess of $2,500 shall

be made on any such claim. (16 U.S.C.

574)

Search for lost persons, and

transportation of sick,

injured, or dead persons, within

national forests;

authorization to incur expense

Sec. 3 The Secretary of Agriculture is

authorized in cases of emergency to incur

such expenses as may be necessary in

searching for persons lost in the national

forests and in transporting persons

seriously ill, injured, or who die within the

national forests to the nearest place

where the sick or injured person, or the

body, may be transferred to interested

parties or local authorities. (16 U.S.C.

575)
Forest Service Business Administration 717

Department of Agriculture Organic Act of 1944

September 21, 1944 (Ch. 412, Title II, 58 Stat. 736; 16 U.S.C.

559a, 554b, 580a, 580, 579a, 554c, 568 note, 572a, 527, 500,

501, 526)

Reward for information leading to

arrest and conviction for violating

laws and regulations

Sec. 201 The Secretary of Agriculture

may pay rewards from appropriations

available for the protection and management of the national

forests, under such regulations as he may

prescribe, for information leading to the

arrest and conviction for violation of the

laws and regulations relating to fires in or

near national forests, or for the unlawful

taking of, or injury to, Government

property. (16 U.S.C. 559a)

Medical care for employees engaged

in hazardous work;

notification and transportation of

employees

Sec. 202 Appropriations for the Forest

Service shall be available for medical

supplies and services and other assistance

necessary for the immediate relief of

artisans, laborers, and other employees

engaged in any hazardous work under the

Forest Service, and for expenses of

notifying employees of the death or

serious illness of close relatives and, in

such cases where no public transportation

is available, for transporting the employees to a point where public transportation

is available. (16 U.S.C. 554b)

Sale and distribution of supplies,

equipment, and materials to other

Government activities and to

cooperating State and private

agencies; reimbursement

Sec. 203 The Forest Service may sell

and distribute supplies, equipment, and

materials to other Government activities

and to State and private agencies who

cooperate with the Forest Service in fire

control under terms of written cooperative agreements, the cost of such supplies,

equipment, and materials, including the

cost of supervision, transportation,

warehousing, and handling, to be reimbursed to appropriations current at the

time additional supplies, equipment, and

materials are procured for warehouse

stocks. (16 U.S.C. 580a)

Use of Forest Service appropriations

for repair, etc. of

equipment; rental of fire control

equipment to non-Federal agencies

Sec. 204 Appropriations for the work of

the Forest Service available for the

operation, repair, maintenance, and

replacement of motor and other equipment may be reimbursed for use of such

equipment on projects of the Forest

Service chargeable to other appropriations, or on work of other Federal agencies, when requested by such agencies,
718 Forest Service Business Administration

reimbursement to be made from appropriations applicable to the work on which

used at rental rates fixed by the Chief

Forester based on the actual or estimated

cost of operation, repair, maintenance,

depreciation, and equipment management

control, and credited to appropriations

currently available at the time adjustment

is effected. The Forest Service may also

rent equipment for fire-control purposes

to State, county, private, or other nonFederal agencies cooperating with the

Forest Service in fire control under the

terms of written cooperative agreements,

the amount collected for such rental to be

credited to appropriations currently

available at the time payment is received.

(16 U.S.C. 580)

Operation of aerial facilities and

services

Sec. 205 The Forest Service by contract

or otherwise may provide for procurement and operation of aerial facilities and

services for the protection and management of the national forests and other

lands administered by it, including the

furnishing, at the airbase, of facilities,

equipment, materials and the preparation,

mixing and loading into aircraft, with

authority to renew any contract for such

purpose annually, not more than twice,

without additional advertising. (16 U.S.C.

579a)

Care of employees’ graves

Sec. 206 Appropriations for the Forest

Service shall be available within such

limitations as may be prescribed therein

for the expenses of properly caring for

the graves of persons who have lost their

lives as a result of fighting fires while

employed by the Forest Service. (16

U.S.C. 554c)

Contributions by States, etc.

Sec. 208 No part of any appropriation

which is available for carrying out the

Cooperative Farm Forestry Act (16

U.S.C. 568b) (repealed) and sections 4

and 5 of the Clarke-McNary Act (16

U.S.C. 567 (repealed), 568) shall be

expended in any State or Territory unless

the State or Territory, or local subdivision

thereof, or individuals, or associations

contribute a sum equal to that to be

allotted therefrom by the Government or

make contributions other than money

deemed by the Secretary to be the value

equivalent thereof. (16 U.S.C. 568 note)

Appropriations available for 3 years

Sec. 209 Appropriations for carrying out

the Cooperative Farm Forestry Act (16

U.S.C. 568b) (repealed) and sections 4

and 5 of the Clarke-McNary Act (16

U.S.C. 567 (repealed), 568) and Acts

supplementary thereto allocated for the

production or procurement of nursery

stock by any Federal agency, or funds

appropriated to any Federal agency for

allocation to cooperating States for the

production or procurement of nursery

stock, shall remain available for expenditure for not more than three fiscal years.

(16 U.S.C. 568 note)

Cooperation between Secretary of
Forest Service Business Administration 719

Agriculture and public or private

agencies in working land under State

or private ownership

Sec. 210 The Forest Service may accept

money from timber purchasers for deposit

into the Treasury in the trust account,

“Forest Service cooperative fund”, which

moneys are made available for scaling

services requested by purchasers in

addition to those required by the Forest

Service, and for refunds of amounts

deposited in excess of the cost of such

work. (16 U.S.C. 572a)

Use of Forest Service funds for

administration of certain lands

Sec. 211 The Forest Service may expend

funds available for national forest protection and management for the administration of lands under contract for purchase

or for the acquisition of which condemnation proceedings have been instituted

under the Act of March 1, 1911, and the

Act of June 7, 1924, and lands transferred

to the Forest Service for administration.

(16 U.S.C. 527)

Payment and evaluation of receipts

to State or Territory

for schools and roads; moneys

received; projections of revenues

and estimated payments

Sec. 212 On and after May 23, 1908,

twenty-five per centum of all moneys

received during any fiscal year from each

national forest shall be paid, at the end of

such year, by the Secretary of the Treasury to the State or Territory in which

such national forest is situated, to be

expended as the State or Territorial

legislature may prescribe for the benefit

of the public schools and public roads of

the county or counties in which such

national forest is situated: Provided, That

when any national forest is in more than

one State or Territory or county the

distributive share to each from the

proceeds of such forest shall be proportional to its area therein. In sales of logs,

ties, poles, posts, cordwood, pulpwood,

and other forest products the amounts

made available for schools and roads by

this section shall be based upon the

stumpage value of the timber. Beginning

October 1, 1976, the term “moneys

received” shall include all collections

under the Act of June 9, 1930, and all

amounts earned or allowed any purchaser

of national forest timber and other forest

products within such State as purchaser

credits, for the construction of roads on

the National Forest Transportation

System within such national forests or

parts thereof in connection with any

Forest Service timber sales contract. The

Secretary of Agriculture shall, from time

to time as he goes through his process of

developing the budget revenue estimates,

make available to the States his current

projections of revenues and payments

estimated to be made under the Act of

May 23, 1908, as amended, or any other

special Acts making payments in lieu of

taxes, for their use for local budget

planning purposes. (16 U.S.C. 500)

Expenditures from receipts for roads
720 Forest Service Business Administration

and trails; cooperation with State

authorities; evaluation of receipts

On or after Mar. 4, 1913, ten per centum

of all moneys received from the national

forests during each fiscal year shall be

available at the end thereof, to be expended by the Secretary of Agriculture

for the construction and maintenance of

roads and trails within the national forests

in the States from which such proceeds

are derived; but the Secretary of Agriculture may, whenever practicable, in the

construction and maintenance of such

roads, secure the cooperation or aid of

the proper State or Territorial authorities

in the furtherance of any system of

highways of which such roads may be

made a part. In sales of logs, ties, poles,

posts, cordwood, pulpwood, and other

forest products the amounts made

available for schools and roads by this

section shall be based upon the stumpage

value of the timber. (16 U.S.C. 501)

Establishment and protection of

water rights

Sec. 213 There are authorized to be

appropriated for expenditure by the

Forest Service such sums as may be

necessary for the investigation and

establishment of water rights, including

the purchase thereof or of lands or

interests in lands or rights-of-way for use

and protection of water rights necessary

or beneficial in connection with the

administration and public use of the

national forests. (16 U.S.C. 526)
Forest Service Business Administration 721

Department of Agriculture Organic Act of 1944,

Uses of Appropriated Funds

September 21, 1944 (Ch. 412, Title VII, 58 Stat. 741; 7 U.S.C.

2255, 1605, 2256, 2257, 2250, 2258, 2232, 2231, 2225, 2249)

 ***

Inspections, analyses, and tests for

other Government departments and

agencies; reimbursement

Sec. 702(a) The head of any department

or independent establishment of the

Government requiring inspections, analyses, and tests of food and other products,

within the scope of the functions of the

Department of Agriculture and which that

Department is unable to perform within

the limits of its appropriations, may, with

the approval of the Secretary, transfer to

the Department for direct expenditure

such sums as may be necessary for the

performance of such work. (7 U.S.C.

2256)

Interchangeability of funds for

miscellaneous expenses and general

expenses

Sec. 702(b) Not to exceed 7 per centum

of the amounts appropriated for any fiscal

year for the miscellaneous expenses of

the work of any bureau, division, or office

of the Department of Agriculture shall be

available interchangeably for expenditures

on the objects included within the general

expenses of such bureau, division, or

office, but no more than 7 per centum

shall be added to any one item of appropriation except in cases of extraordinary

emergency. (7 U.S.C. 2257)

Construction and repair of buildings

and public improvements

Sec. 703 The Department of Agriculture

is authorized to erect, alter, and repair

such buildings and other public improvements as may be necessary to carry out

its authorized work: Provided, That no

building or improvement shall be erected

or altered under this authority unless

provision is made therefor in the applicable appropriation and the cost thereof is

not in excess of limitations prescribed

therein. (7 U.S.C. 2250)

Purchase of newspapers

Sec. 704 The Department of Agriculture

is authorized to subscribe for such

newspapers as may be necessary to

carry out its authorized work: Provided,

That purchases under this authority shall

not be made unless provision is made

therefor in the applicable appropriation

and the cost thereof is not in excess of

limitations prescribed therein. (7 U.S.C.

2258)

Stenographic reporting service

Sec. 705(b) The Department of Agriculture is authorized to contract for stenographic reporting services. (7 U.S.C.

2232)
722 Forest Service Business Administration

Official expenses of employees

stationed abroad

Sec. 705(c) Employees of the Department of Agriculture stationed abroad may,

with the approval of the Secretary of

Agriculture, enter into leases for official

quarters, for periods not exceeding one

year, and may pay rent, telephone,

subscriptions to publications, and other

charges incident to the conduct of their

offices and the discharge of their duties,

in advance, in any foreign country where

custom or practice requires payment in

advance. (7 U.S.C. 2231)

Employment of temporary personnel

Sec. 706(a) The Department of Agriculture may employ persons or organizations,

on a temporary basis, by contract or

otherwise: Provided, That no expenditures

for such temporary employment shall be

made unless provision is made therefor in

the applicable appropriation and the cost

thereof is not in excess of limitations

prescribed therein. (7 U.S.C. 2225)

Amount and character of cooperation

Sec. 711 Unless otherwise provided by

the Department of Agriculture Organic

Act of 1944 or by other statute, the

measure and character of cooperation

authorized by said Act on the part of the

Federal Government and on the part of

the cooperator shall be such as may be

prescribed by the Secretary, unless

otherwise provided for in the applicable

appropriation. (7 U.S.C. 2249)
Forest Service Business Administration 723

Forest Service Omnibus Act of 1958

June 20 , 1958 (Pub. L. 85-464, 72 Stat. 216; 16 U.S.C. 502,

556c, 556b, 554b, 565b, 580f, 579c, 556, 555)

Rental of property for Forest

Service; forage, care, and housing of

animals; storage of vehicles and

other equipment; pack stock; loss,

damage, or destruction of horses,

vehicles, and other equipment

Sec. 1 The Secretary of Agriculture is

authorized, under such regulations as he

may prescribe:

(a) To hire or rent property from employees of the Forest Service for the use of

that Service whenever the public interest

will be promoted thereby.

(b) To provide forage, care, and housing

for animals, and storage for vehicles and

other equipment obtained by the Forest

Service for the use of that service from

employees.

(c) To contract with public and private

agencies, corporations, firms, associations, or individuals to train, provide

forage, care, and housing for, and to work

pack stock owned and held in reserve by

the Forest Service for fire emergency

purposes and as all or part of the consideration therefor to permit such contractors to use the stock for their own purposes during the periods of nonuse by the

Forest Service.

(d) To reimburse owners for loss, damage, or destruction of horses, vehicles,

and other equipment obtained by the

Forest Service for the use of that service

from employees or other private owners:

Provided, That payments or reimbursements herein authorized may be made

from the applicable appropriations for the

Forest Service: And provided further,

That except for fire fighting emergencies

no reimbursement herein authorized shall

be made in an amount in excess of $50 to

persons who were employees of the

Forest Service prior to the time the

equipment was obtained or $2,500 in any

other case, unless the equipment was

made available under a written agreement, contract, or lease. (16 U.S.C. 502)

Reimbursement of employees for

property losses resulting from fires,

floods, or other casualties

Sec. 2 Funds available to the Forest

Service may be used in amounts not

exceeding $100 in any single claim, for

reimbursing employees of the Forest

Service for loss of or damage to clothing

and other personal effects resulting from

fires, floods, or other casualties at or near

the place in which such property is

temporarily stored during services of the

employees in connection with such

casualties. (16 U.S.C. 556c)

Advances of public moneys to Forest

Service for fighting forest fires in

emergency cases

Sec. 3 Funds available to the Forest

Service may be used, in accordance with
724 Forest Service Business Administration

regulations prescribed by the Secretary of

Agriculture for expenses of transporting

automobiles of employees of that Service

between points in Alaska in connection

with transfers of official stations of such

employees to meet the needs of the

Service. (16 U.S.C. 556b)

Medical care for employees engaged

in hazardous work; notification and

transportation of employees

Sec. 4 Appropriations for the Forest

Service shall be available for medical

supplies and services and other assistance

necessary for the immediate relief of

artisans, laborers, and other employees

engaged in any hazardous work under the

Forest Service, and for expenses of

notifying employees of the death or

serious illness of close relatives and, in

such cases where no public transportation

is available, for transporting the employees to a point where public transportation

is available. (16 U.S.C. 554b)

Transfer of fire lookout towers and

other improvements for fire control

to States, political subdivisions or

agencies; reversion

Sec. 5 The Secretary of Agriculture is

authorized, subject to such conditions as

he may prescribe, to transfer, without

reimbursement or at such prices and upon

such terms as he may impose, to States

and political subdivisions or agencies

thereof fire lookout towers and other

structures or improvements used by the

Forest Service for fire prevention or

suppression purposes, and the land used

in connection therewith if such land is

outside national forest boundaries, when

they are no longer needed by the Forest

Service for such purposes but are of

value to the State or political subdivision

or agency thereof in its fire protection

system: Provided, That if any property so

transferred is not put to use for the

purpose for which it was transferred

within two years from the date of transfer, or if, within fifteen years from the

date of transfer, any such property should

cease to be used for the purpose for

which it was transferred for a period of

two years, title thereto shall revert to and

immediately revest in the United States.

(16 U.S.C. 565b)

Telephones for official use in private

residences

Sec. 6 Notwithstanding the provisions of

section 1348 of title 31, appropriations for

the protection and management of the

national forests and other lands administered by the Forest Service shall be

available to pay for telephone service

installed in residences of employees and

of persons cooperating with the Forest

Service who reside within or near such

lands when such installation is determined

by the Secretary of Agriculture to be

needed in protecting such lands: Provided,

That in addition to the monthly local

service charge, the Government may pay

only such tolls or other charges as are

required strictly for the public business.

(16 U.S.C. 580f)
Forest Service Business Administration 725

Availability of funds received from

forfeitures, judgments, compromises,

or settlements

Sec. 7 Any moneys received by the

United States with respect to lands under

the administration of the Forest Service

(1) as a result of the forfeiture of a bond

or deposit by a permittee or timber

purchaser for failure to complete performance of improvement, protection, or

rehabilitation work required under the

permit or timber sale contract or (2) as a

result of a judgment, compromise, or

settlement of any claim, involving present

or potential damage to lands or improvements, shall be covered into the Treasury

and are hereby appropriated and made

available until expended to cover the cost

to the United States of any improvement,

protection, or rehabilitation work on lands

under the administration of the Forest

Service rendered necessary by the action

which led to the forfeiture, judgment,

compromise, or settlement: Provided,

That any portion of the moneys so

received in excess of the amount expended in performing the work necessitated by the action which led to their

receipt shall be transferred to miscellaneous receipts. (16 U.S.C. 579c)

Appropriations for Forest Service;

use for transportation or traveling

expenses; preparation or publication

of newspaper or magazine articles

Sec. 8 No part of any funds appropriated

for the Forest Service shall be used to

pay the transportation or traveling expenses of any forest officer or agent

except he be traveling on business

directly connected with the Forest

Service and in furtherance of the works,

aims, and objects specified and authorized

by law; nor shall any such funds be paid

or used for the purpose of paying for, in

whole or in part, the preparation or

publication of any newspaper or magazine

article, but this shall not prevent the giving

out to all persons, without discrimination,

including newspapers and magazine

writers and publishers, of any facts or

official information of value to the public:

Provided, That this prohibition shall not

apply to scientific or technical articles

prepared for or published in scientific

publications. (16 U.S.C. 556)

Forest headquarters, ranger

stations, dwellings, or other needed

sites

Sec. 9 Where no suitable Government

land is available for national forest

headquarters, ranger stations, dwellings,

or for other sites required for the effective conduct of the authorized activities of

the Forest Service, the Secretary of

Agriculture is authorized to purchase such

lands out of the appropriation applicable

to the purpose for which the land is to be

used, and to accept donations of land for

any national forest or experimental

purpose: Provided, That such lands may

be acquired subject to such reservations

and outstanding interests as the Secretary

determines will not interfere with the

purpose for which acquired: Provided

further, That not to exceed $50,000 may

be expended in any one fiscal year

pursuant to this authority. (16 U.S.C. 555)
726 Forest Service Business Administration

National Forest System Federal Enforcement of

Local Laws Act 

August 10, 1971 (Pub. L. 92-82, 85 Stat. 303; 16 U.S.C. 551a)

The Secretary of Agriculture, in connection with the administration and regulation

of the use and occupancy of the national

forests and national grasslands, is authorized to cooperate with any State or

political subdivision thereof, on lands

which are within or part of any unit of the

national forest system, in the enforcement

or supervision of the laws or ordinances

of a State or subdivision thereof. Such

cooperation may include the reimbursement of a State or its subdivision for

expenditures incurred in connection with

activities on national forest system lands.

This section shall not deprive any State or

political subdivision thereof of its right to

exercise civil and criminal jurisdiction,

within or on lands which are a part of the

national forest system. (16 U.S.C. 551a)
Forest Service Business Administration 727

Americans with Disabilities Act of 1990

July 26, 1990 (Pub. L. 101-336, 104 Stat. 328; 42 U.S.C.

12101 note, 12101, 12102, 12111, 12112, 12113, 12115 to

12118, 12111 note, 12131 to 12134, 12131 note, 12141 to

12150, 12141 note, 12161 to 12165, 12161 note, 12181 to

12189, 12181 note, 47 U.S.C. 225, 152, 221, 611, 42 U.S.C.

12201 to 12211, 29 U.S.C. 706, 42 U.S.C. 12212, 12213)

Findings and purpose

Sec. 2 (a) Findings

The Congress finds that –

(1) some 43,000,000 Americans have

one or more physical or mental disabilities, and this number is increasing as the

population as a whole is growing older;

(2) historically, society has tended to

isolate and segregate individuals with

disabilities, and, despite some improvements, such forms of discrimination

against individuals with disabilities

continue to be a serious and pervasive

social problem;

(3) discrimination against individuals

with disabilities persists in such critical

areas as employment, housing, public

accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and

access to public services;

(4) unlike individuals who have experienced discrimination on the basis of

race, color, sex, national origin, religion,

or age, individuals who have experienced discrimination on the basis of

disability have often had no legal

recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional

exclusion, the discriminatory effects of

architectural, transportation, and communication barriers, overprotective rules

and policies, failure to make modifications to existing facilities and practices,

exclusionary qualification standards and

criteria, segregation, and relegation to

lesser services, programs, activities,

benefits, jobs, or other opportunities;

(6) census data, national polls, and other

studies have documented that people

with disabilities, as a group, occupy an

inferior status in our society, and are

severely disadvantaged socially, vocationally, economically, and educationally;

(7) individuals with disabilities are a

discrete and insular minority who have

been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a

position of political powerlessness in our

society, based on characteristics that

are beyond the control of such individuals and resulting from stereotypic

assumptions not truly indicative of the

individual ability of such individuals to

participate in, and contribute to, society;
728 Forest Service Business Administration

(8) the Nation’s proper goals regarding

individuals with disabilities are to assure

equality of opportunity, full participation,

independent living, and economic selfsufficiency for such individuals; and

(9) the continuing existence of unfair

and unnecessary discrimination and

prejudice denies people with disabilities

the opportunity to compete on an equal

basis and to pursue those opportunities

for which our free society is justifiably

famous, and costs the United States

billions of dollars in unnecessary expenses resulting from dependency and

nonproductivity.

(b) Purpose

It is the purpose of this chapter -

(1) to provide a clear and comprehensive national mandate for the elimination

of discrimination against individuals with

disabilities;

(2) to provide clear, strong, consistent,

enforceable standards addressing

discrimination against individuals with

disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing

the standards established in this chapter

on behalf of individuals with disabilities;

and

(4) to invoke the sweep of congressional authority, including the power to

enforce the fourteenth amendment and

to regulate commerce, in order to

address the major areas of discrimination faced day-to-day by people with

disabilities. (42 U.S.C. 12101)

Definitions

Sec. 3 As used in this chapter:

(1) Auxiliary aids and services

The term “auxiliary aids and services”

includes -

(A) qualified interpreters or other

effective methods of making aurally

delivered materials available to

individuals with hearing impairments;

(B) qualified readers, taped texts, or

other effective methods of making

visually delivered materials available to

individuals with visual impairments;

(C) acquisition or modification of

equipment or devices; and

(D) other similar services and actions.

(2) Disability

The term “disability” means, with

respect to an individual -

(A) a physical or mental impairment

that substantially limits one or more of

the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an

impairment.

(3) State

The term “State” means each of the

several States, the District of Columbia,

the Commonwealth of Puerto Rico,

Guam, American Samoa, the Virgin

Islands, the Trust Territory of the

Pacific Islands, and the Commonwealth

of the Northern Mariana Islands. (42

U.S.C. 12102)
Forest Service Business Administration 729

Definitions

TITLE I—Employment

Sec. 101 As used in this subchapter:

(1) Commission

The term “Commission” means the

Equal Employment Opportunity Commission established by section 2000e-4

of this title.

(2) Covered entity

The term “covered entity” means an

employer, employment agency, labor

organization, or joint labor-management

committee.

(3) Direct threat

The term “direct threat” means a

significant risk to the health or safety of

others that cannot be eliminated by

reasonable accommodation.

(4) Employee

The term “employee” means an individual employed by an employer. With

respect to employment in a foreign

country, such term includes an individual

who is a citizen of the United States.

(5) Employer

(A) In general

The term “employer” means a person

engaged in an industry affecting

commerce who has 15 or more

employees for each working day in

each of 20 or more calendar weeks in

the current or preceding calendar year,

and any agent of such person, except

that, for two years following the

effective date of this subchapter, an

employer means a person engaged in

an industry affecting commerce who

has 25 or more employees for each

working day in each of 20 or more

calendar weeks in the current or

preceding year, and any agent of such

person.

(B) Exceptions

The term “employer” does not include -

(i) the United States, a corporation

wholly owned by the government of

the United States, or an Indian tribe;

or

(ii) a bona fide private membership

club (other than a labor organization)

that is exempt from taxation under

section 501(c) of title 26.

(6) Illegal use of drugs

(A) In general

The term “illegal use of drugs” means

the use of drugs, the possession or

distribution of which is unlawful under

the Controlled Substances Act (21

U.S.C. 801 et seq.). Such term does

not include the use of a drug taken

under supervision by a licensed health

care professional, or other uses

authorized by the Controlled Substances Act or other provisions of

Federal law.

(B) Drugs

The term “drug” means a controlled

substance, as defined in schedules I

through V of section 202 of the

Controlled Substances Act (21 U.S.C.

812).

(7) Person, etc.
730 Forest Service Business Administration

The terms “person”, “labor organization”, “employment agency”, “commerce”, and “industry affecting commerce”, shall have the same meaning

given such terms in section 2000e of

this title.

(8) Qualified individual with a disability

The term “qualified individual with a

disability” means an individual with a

disability who, with or without reasonable accommodation, can perform the

essential functions of the employment

position that such individual holds or

desires. For the purposes of this subchapter, consideration shall be given to

the employer’s judgment as to what

functions of a job are essential, and if an

employer has prepared a written

description before advertising or interviewing applicants for the job, this

description shall be considered evidence

of the essential functions of the job.

(9) Reasonable accommodation

The term “reasonable accommodation”

may include -

(A) making existing facilities used by

employees readily accessible to and

usable by individuals with disabilities;

and

(B) job restructuring, part-time or

modified work schedules, reassignment to a vacant position, acquisition

or modification of equipment or

devices, appropriate adjustment or

modifications of examinations, training

materials or policies, the provision of

qualified readers or interpreters, and

other similar accommodations for

individuals with disabilities.

(10) Undue hardship

(A) In general

The term “undue hardship” means an

action requiring significant difficulty or

expense, when considered in light of

the factors set forth in subparagraph

(B).

(B) Factors to be considered

In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be

considered include -

(i) the nature and cost of the accommodation needed under this chapter;

(ii) the overall financial resources of

the facility or facilities involved in the

provision of the reasonable accommodation; the number of persons

employed at such facility; the effect

on expenses and resources, or the

impact otherwise of such accommodation upon the operation of the

facility;

(iii) the overall financial resources of

the covered entity; the overall size of

the business of a covered entity with

respect to the number of its employees; the number, type, and location

of its facilities; and

(iv) the type of operation or operations of the covered entity, including

the composition, structure, and

functions of the workforce of such

entity; the geographic separateness,

administrative, or fiscal relationship

of the facility or facilities in question
Forest Service Business Administration 731

to the covered entity. (42 U.S.C.

12111)

Discrimination

Sec. 102 (a) General rule

No covered entity shall discriminate

against a qualified individual with a

disability because of the disability of such

individual in regard to job application

procedures, the hiring, advancement, or

discharge of employees, employee

compensation, job training, and other

terms, conditions, and privileges of

employment.

(b) Construction

As used in subsection (a) of this section,

the term “discriminate” includes –

(1) limiting, segregating, or classifying a

job applicant or employee in a way that

adversely affects the opportunities or

status of such applicant or employee

because of the disability of such applicant or employee;

(2) participating in a contractual or other

arrangement or relationship that has the

effect of subjecting a covered entity’s

qualified applicant or employee with a

disability to the discrimination prohibited

by this subchapter (such relationship

includes a relationship with an employment or referral agency, labor union, an

organization providing fringe benefits to

an employee of the covered entity, or an

organization providing training and

apprenticeship programs);

(3) utilizing standards, criteria, or

methods of administration -

(A) that have the effect of discrimination on the basis of disability; or

(B) that perpetuate the discrimination

of others who are subject to common

administrative control;

(4) excluding or otherwise denying

equal jobs or benefits to a qualified

individual because of the known disability of an individual with whom the

qualified individual is known to have a

relationship or association;

(5)(A) not making reasonable accommodations to the known physical or

mental limitations of an otherwise

qualified individual with a disability who

is an applicant or employee, unless such

covered entity can demonstrate that the

accommodation would impose an undue

hardship on the operation of the business of such covered entity; or

(B) denying employment opportunities

to a job applicant or employee who is

an otherwise qualified individual with a

disability, if such denial is based on the

need of such covered entity to make

reasonable accommodation to the

physical or mental impairments of the

employee or applicant;

(6) using qualification standards, employment tests or other selection criteria

that screen out or tend to screen out an

individual with a disability or a class of

individuals with disabilities unless the

standard, test or other selection criteria,

as used by the covered entity, is shown

to be job-related for the position in

question and is consistent with business

necessity; and
732 Forest Service Business Administration

(7) failing to select and administer tests

concerning employment in the most

effective manner to ensure that, when

such test is administered to a job

applicant or employee who has a

disability that impairs sensory, manual,

or speaking skills, such test results

accurately reflect the skills, aptitude, or

whatever other factor of such applicant

or employee that such test purports to

measure, rather than reflecting the

impaired sensory, manual, or speaking

skills of such employee or applicant

(except where such skills are the

factors that the test purports to measure).

(c) Covered entities in foreign countries

(1) In general

It shall not be unlawful under this

section for a covered entity to take any

action that constitutes discrimination

under this section with respect to an

employee in a workplace in a foreign

country if compliance with this section

would cause such covered entity to

violate the law of the foreign country in

which such workplace is located.

(2) Control of corporation

(A) Presumption

If an employer controls a corporation

whose place of incorporation is a

foreign country, any practice that

constitutes discrimination under this

section and is engaged in by such

corporation shall be presumed to be

engaged in by such employer.

(B) Exception

This section shall not apply with

respect to the foreign operations of an

employer that is a foreign person not

controlled by an American employer.

(C) Determination

For purposes of this paragraph, the

determination of whether an employer

controls a corporation shall be based

on -

(i) the interrelation of operations;

(ii) the common management;

(iii) the centralized control of labor

relations; and

(iv) the common ownership or

financial control, of the employer and

the corporation.

(d) Medical examinations and inquiries

(1) In general

The prohibition against discrimination as

referred to in subsection (a) of this

section shall include medical examinations and inquiries.

(2) Preemployment

(A) Prohibited examination or inquiry

Except as provided in paragraph (3), a

covered entity shall not conduct a

medical examination or make inquiries

of a job applicant as to whether such

applicant is an individual with a

disability or as to the nature or severity

of such disability.

(B) Acceptable inquiry

A covered entity may make

preemployment inquiries into the ability

of an applicant to perform job-related
Forest Service Business Administration 733

functions.

(3) Employment entrance examination

A covered entity may require a medical

examination after an offer of employment has been made to a job applicant

and prior to the commencement of the

employment duties of such applicant,

and may condition an offer of employment on the results of such examination,

if -

(A) all entering employees are subjected to such an examination regardless of disability;

(B) information obtained regarding the

medical condition or history of the

applicant is collected and maintained

on separate forms and in separate

medical files and is treated as a

confidential medical record, except

that -

(i) supervisors and managers may be

informed regarding necessary

restrictions on the work or duties of

the employee and necessary accommodations;

(ii) first aid and safety personnel

may be informed, when appropriate,

if the disability might require emergency treatment; and

(iii) government officials investigating compliance with this chapter

shall be provided relevant information on request; and

(C) the results of such examination

are used only in accordance with this

subchapter.

(4) Examination and inquiry

(A) Prohibited examinations and

inquiries

A covered entity shall not require a

medical examination and shall not

make inquiries of an employee as to

whether such employee is an individual with a disability or as to the

nature or severity of the disability,

unless such examination or inquiry is

shown to be job-related and consistent

with business necessity.

(B) Acceptable examinations and

inquiries

A covered entity may conduct voluntary medical examinations, including

voluntary medical histories, which are

part of an employee health program

available to employees at that work

site. A covered entity may make

inquiries into the ability of an employee

to perform job-related functions.

(C) Requirement

Information obtained under subparagraph (B) regarding the medical

condition or history of any employee

are subject to the requirements of

subparagraphs (B) and (C) of paragraph (3). (42 U.S.C. 12112)

Defenses

Sec. 103 (a) In general

It may be a defense to a charge of

discrimination under this chapter that an

alleged application of qualification standards, tests, or selection criteria that

screen out or tend to screen out or

otherwise deny a job or benefit to an

individual with a disability has been shown
734 Forest Service Business Administration

to be job-related and consistent with

business necessity, and such performance

cannot be accomplished by reasonable

accommodation, as required under this

subchapter.

(b) Qualification standards

The term “qualification standards” may

include a requirement that an individual

shall not pose a direct threat to the health

or safety of other individuals in the

workplace.

(c) Religious entities

(1) In general

This subchapter shall not prohibit a

religious corporation, association,

educational institution, or society from

giving preference in employment to

individuals of a particular religion to

perform work connected with the

carrying on by such corporation, association, educational institution, or society

of its activities.

(2) Religious tenets requirement

Under this subchapter, a religious

organization may require that all applicants and employees conform to the

religious tenets of such organization.

(d) List of infectious and communicable

diseases

(1) In general

The Secretary of Health and Human

Services, not later than 6 months after

July 26, 1990, shall -

(A) review all infectious and communicable diseases which may be

transmitted through handling the food

supply;

(B) publish a list of infectious and

communicable diseases which are

transmitted through handling the food

supply;

(C) publish the methods by which such

diseases are transmitted; and

(D) widely disseminate such information regarding the list of diseases and

their modes of transmissability 1

 to the

general public.

Such list shall be updated annually.

(2) Applications

In any case in which an individual has

an infectious or communicable disease

that is transmitted to others through the

handling of food, that is included on the

list developed by the Secretary of

Health and Human Services under

paragraph (1), and which cannot be

eliminated by reasonable accommodation, a covered entity may refuse to

assign or continue to assign such

individual to a job involving food handling.

(3) Construction

Nothing in this chapter shall be construed to preempt, modify, or amend any

State, county, or local law, ordinance, or

regulation applicable to food handling

which is designed to protect the public

health from individuals who pose a

significant risk to the health or safety of

others, which cannot be eliminated by

reasonable accommodation, pursuant to

the list of infectious or communicable

diseases and the modes of
Forest Service Business Administration 735

transmissability 1 published by the

Secretary of Health and Human Services. (42 U.S.C. 12113)

1

 So in original. Probably should be

“transmissibility”.

Illegal use of drugs and alcohol

Sec. 104 (a) Qualified individual with a

disability

For purposes of this subchapter, the term

“qualified individual with a disability” shall

not include any employee or applicant

who is currently engaging in the illegal

use of drugs, when the covered entity

acts on the basis of such use.

(b) Rules of construction

Nothing in subsection (a) of this section

shall be construed to exclude as a qualified individual with a disability an individual who –

(1) has successfully completed a

supervised drug rehabilitation program

and is no longer engaging in the illegal

use of drugs, or has otherwise been

rehabilitated successfully and is no

longer engaging in such use;

(2) is participating in a supervised

rehabilitation program and is no longer

engaging in such use; or

(3) is erroneously regarded as engaging

in such use, but is not engaging in such

use; except that it shall not be a violation of this chapter for a covered entity

to adopt or administer reasonable

policies or procedures, including but not

limited to drug testing, designed to

ensure that an individual described in

paragraph (1) or (2) is no longer engaging in the illegal use of drugs.

(c) Authority of covered entity

A covered entity –

(1) may prohibit the illegal use of drugs

and the use of alcohol at the workplace

by all employees;

(2) may require that employees shall not

be under the influence of alcohol or be

engaging in the illegal use of drugs at

the workplace;

(3) may require that employees behave

in conformance with the requirements

established under the Drug-Free

Workplace Act of 1988 (41 U.S.C. 701

et seq.);

(4) may hold an employee who engages

in the illegal use of drugs or who is an

alcoholic to the same qualification

standards for employment or job

performance and behavior that such

entity holds other employees, even if

any unsatisfactory performance or

behavior is related to the drug use or

alcoholism of such employee; and

(5) may, with respect to Federal regulations regarding alcohol and the illegal

use of drugs, require that -

(A) employees comply with the

standards established in such regulations of the Department of Defense, if

the employees of the covered entity

are employed in an industry subject to

such regulations, including complying

with regulations (if any) that apply to

employment in sensitive positions in

such an industry, in the case of
736 Forest Service Business Administration

employees of the covered entity who

are employed in such positions (as

defined in the regulations of the

Department of Defense);

(B) employees comply with the

standards established in such regulations of the Nuclear Regulatory

Commission, if the employees of the

covered entity are employed in an

industry subject to such regulations,

including complying with regulations (if

any) that apply to employment in

sensitive positions in such an industry,

in the case of employees of the

covered entity who are employed in

such positions (as defined in the

regulations of the Nuclear Regulatory

Commission); and

(C) employees comply with the

standards established in such regulations of the Department of Transportation, if the employees of the covered

entity are employed in a transportation

industry subject to such regulations,

including complying with such regulations (if any) that apply to employment

in sensitive positions in such an

industry, in the case of employees of

the covered entity who are employed

in such positions (as defined in the

regulations of the Department of

Transportation).

(d) Drug testing

(1) In general

For purposes of this subchapter, a test

to determine the illegal use of drugs

shall not be considered a medical

examination.

(2) Construction

Nothing in this subchapter shall be

construed to encourage, prohibit, or

authorize the conducting of drug testing

for the illegal use of drugs by job

applicants or employees or making

employment decisions based on such

test results.

(e) Transportation employees

Nothing in this subchapter shall be

construed to encourage, prohibit, restrict,

or authorize the otherwise lawful exercise

by entities subject to the jurisdiction of the

Department of Transportation of authority

to -

(1) test employees of such entities in,

and applicants for, positions involving

safety-sensitive duties for the illegal use

of drugs and for on-duty impairment by

alcohol; and

(2) remove such persons who test

positive for illegal use of drugs and onduty impairment by alcohol pursuant to

paragraph (1) from safety-sensitive

duties in implementing subsection (c) of

this section. (42 U.S.C. 12114)

Posting notices

Sec. 105 Every employer, employment

agency, labor organization, or joint labormanagement committee covered under

this subchapter shall post notices in an

accessible format to applicants, employees, and members describing the applicable provisions of this chapter, in the

manner prescribed by section 2000e-10 of

this title. (42 U.S.C. 12115)

Regulations
Forest Service Business Administration 737

Sec. 106 Not later than 1 year after July

26, 1990, the Commission shall issue

regulations in an accessible format to

carry out this subchapter in accordance

with subchapter II of chapter 5 of title 5.

(42 U.S.C. 12116)

Enforcement

Sec. 107 (a) Powers, remedies, and

procedures

The powers, remedies, and procedures

set forth in sections 2000e-4, 2000e-5,

2000e-6, 2000e-8, and 2000e-9 of this title

shall be the powers, remedies, and

procedures this subchapter provides to

the Commission, to the Attorney General,

or to any person alleging discrimination on

the basis of disability in violation of any

provision of this chapter, or regulations

promulgated under section 12116 of this

title, concerning employment.

(b) Coordination

The agencies with enforcement authority

for actions which allege employment

discrimination under this subchapter and

under the Rehabilitation Act of 1973 (29

U.S.C. 701 et seq.) shall develop procedures to ensure that administrative

complaints filed under this subchapter and

under the Rehabilitation Act of 1973 are

dealt with in a manner that avoids duplication of effort and prevents imposition of

inconsistent or conflicting standards for

the same requirements under this subchapter and the Rehabilitation Act of

1973. The Commission, the Attorney

General, and the Office of Federal

Contract Compliance Programs shall

establish such coordinating mechanisms

(similar to provisions contained in the joint

regulations promulgated by the Commission and the Attorney General at part 42

of title 28 and part 1691 of title 29, Code

of Federal Regulations, and the Memorandum of Understanding between the

Commission and the Office of Federal

Contract Compliance Programs dated

January 16, 1981 (46 Fed. Reg. 7435,

January 23, 1981)) in regulations implementing this subchapter and Rehabilitation

Act of 1973 not later than 18 months

after July 26, 1990. (42 U.S.C. 12117)

Effective date

Sec. 108 This title (enacting this subchapter) shall become effective 24

months after the date of enactment (July

26, 1990). (42 U.S.C. 12111 note)

TITLE II—Public services

Subtitle A—Prohibition Against

Discrimination and Other Generally

Applicable Provisions

Definitions

Sec. 201 As used in this subchapter:

(1) Public entity

The term “public entity” means -

(A) any State or local government;

(B) any department, agency, special

purpose district, or other instrumentality of a State or States or local government; and

(C) the National Railroad Passenger
738 Forest Service Business Administration

Corporation, and any commuter

authority (as defined in section

24102(4) of title 49). 2

(2) Qualified individual with a disability

The term “qualified individual with a

disability” means an individual with a

disability who, with or without reasonable modifications to rules, policies, or

practices, the removal of architectural,

communication, or transportation

barriers, or the provision of auxiliary

aids and services, meets the essential

eligibility requirements for the receipt of

services or the participation in programs

or activities provided by a public entity.

(42 U.S.C. 12131)

2

 Section 24102 of title 49, referred to in

par. (1)(C), was subsequently amended,

and section 24102(4) no longer defines

“commuter authority”. However, such

term is defined elsewhere in that section.

Discrimination

Sec. 202 Subject to the provisions of this

subchapter, no qualified individual with a

disability shall, by reason of such disability, be excluded from participation in or be

denied the benefits of the services,

programs, or activities of a public entity,

or be subjected to discrimination by any

such entity. (42 U.S.C. 12132)

Enforcement

Sec. 203 The remedies, procedures, and

rights set forth in section 794a of title 29

shall be the remedies, procedures, and

rights this subchapter provides to any

person alleging discrimination on the basis

of disability in violation of section 12132

of this title. (42 U.S.C. 12133)

Regulations

Sec. 204 (a) In general

Not later than 1 year after July 26, 1990,

the Attorney General shall promulgate

regulations in an accessible format that

implement this part. Such regulations shall

not include any matter within the scope of

the authority of the Secretary of Transportation under section 12143, 12149, or

12164 of this title.

*** (42 U.S.C. 12134)

Effective date

Sec. 205 (a) General Rule. - Except as

provided in subsection (b), this subtitle

(subtitle A (Sec. 201-205) of title II of

Pub. L. 101-336, enacting this part) shall

become effective 18 months after the

date of enactment of this Act (July 26,

1990).

(b) Exception. - Section 204 (section

12134 of this title) shall become effective

on the date of enactment of this Act. (42

U.S.C. 12131 note)

Subtitle B—Actions Applicable to

Public Transportation Provided by

Public Entities Considered

Discriminatory

Part I—Public Transportation Other

Than by Aircraft or Certain Rail

Operations

Definitions

Sec. 221 As used in this subpart:
Forest Service Business Administration 739

(1) Demand responsive system

The term “demand responsive system”

means any system of providing designated public transportation which is not

a fixed route system.

(2) Designated public transportation

The term “designated public transportation” means transportation (other than

public school transportation) by bus, rail,

or any other conveyance (other than

transportation by aircraft or intercity or

commuter rail transportation (as defined

in section 12161 of this title)) that

provides the general public with general

or special service (including charter

service) on a regular and continuing

basis.

(3) Fixed route system

The term “fixed route system” means a

system of providing designated public

transportation on which a vehicle is

operated along a prescribed route

according to a fixed schedule.

(4) Operates

The term “operates”, as used with

respect to a fixed route system or

demand responsive system, includes

operation of such system by a person

under a contractual or other arrangement or relationship with a public entity.

(5) Public school transportation

The term “public school transportation”

means transportation by schoolbus

vehicles of schoolchildren, personnel,

and equipment to and from a public

elementary or secondary school and

school-related activities.

(6) Secretary

The term “Secretary” means the

Secretary of Transportation. (42 U.S.C.

12141)

Public entities operating fixed route

systems

Sec. 222 (a) Purchase and lease of new

vehicles

It shall be considered discrimination for

purposes of section 12132 of this title and

section 794 of title 29 for a public entity

which operates a fixed route system to

purchase or lease a new bus, a new rapid

rail vehicle, a new light rail vehicle, or any

other new vehicle to be used on such

system, if the solicitation for such purchase or lease is made after the 30th day

following July 26, 1990, and if such bus,

rail vehicle, or other vehicle is not readily

accessible to and usable by individuals

with disabilities, including individuals who

use wheelchairs.

(b) Purchase and lease of used vehicles

Subject to subsection (c)(1) of this

section, it shall be considered discrimination for purposes of section 12132 of this

title and section 794 of title 29 for a public

entity which operates a fixed route

system to purchase or lease, after the

30th day following July 26, 1990, a used

vehicle for use on such system unless

such entity makes demonstrated good

faith efforts to purchase or lease a used

vehicle for use on such system that is

readily accessible to and usable by

individuals with disabilities, including

individuals who use wheelchairs.
740 Forest Service Business Administration

(c) Remanufactured vehicles

(1) General rule

Except as provided in paragraph (2), it

shall be considered discrimination for

purposes of section 12132 of this title

and section 794 of title 29 for a public

entity which operates a fixed route

system -

(A) to remanufacture a vehicle for use

on such system so as to extend its

usable life for 5 years or more, which

remanufacture begins (or for which

the solicitation is made) after the 30th

day following July 26, 1990; or

(B) to purchase or lease for use on

such system a remanufactured vehicle

which has been remanufactured so as

to extend its usable life for 5 years or

more, which purchase or lease occurs

after such 30th day and during the

period in which the usable life is

extended; unless, after remanufacture,

the vehicle is, to the maximum extent

feasible, readily accessible to and

usable by individuals with disabilities,

including individuals who use wheelchairs.

(2) Exception for historic vehicles

(A) General rule

If a public entity operates a fixed route

system any segment of which is

included on the National Register of

Historic Places and if making a

vehicle of historic character to be used

solely on such segment readily accessible to and usable by individuals with

disabilities would significantly alter the

historic character of such vehicle, the

public entity only has to make (or to

purchase or lease a remanufactured

vehicle with) those modifications

which are necessary to meet the

requirements of paragraph (1) and

which do not significantly alter the

historic character of such vehicle.

(B) Vehicles of historic character

defined by regulations

For purposes of this paragraph and

section 12148(b) of this title, a vehicle

of historic character shall be defined

by the regulations issued by the

Secretary to carry out this subsection.

(42 U.S.C. 12142)

Paratransit as a complement to fixed

route service

Sec. 223 (a) General rule

It shall be considered discrimination for

purposes of section 12132 of this title and

section 794 of title 29 for a public entity

which operates a fixed route system

(other than a system which provides

solely commuter bus service) to fail to

provide with respect to the operations of

its fixed route system, in accordance with

this section, paratransit and other special

transportation services to individuals with

disabilities, including individuals who use

wheelchairs, that are sufficient to provide

to such individuals a level of service (1)

which is comparable to the level of

designated public transportation services

provided to individuals without disabilities

using such system; or (2) in the case of

response time, which is comparable, to

the extent practicable, to the level of

designated public transportation services
Forest Service Business Administration 741

provided to individuals without disabilities

using such system.

(b) Issuance of regulations

Not later than 1 year after July 26, 1990,

the Secretary shall issue final regulations

to carry out this section.

(c) Required contents of regulations

(1) Eligible recipients of service

The regulations issued under this section

shall require each public entity which

operates a fixed route system to provide

the paratransit and other special transportation services required under this

section -

(A)(i) to any individual with a disability

who is unable, as a result of a physical

or mental impairment (including a

vision impairment) and without the

assistance of another individual

(except an operator of a wheelchair

lift or other boarding assistance

device), to board, ride, or disembark

from any vehicle on the system which

is readily accessible to and usable by

individuals with disabilities;

(ii) to any individual with a disability

who needs the assistance of a

wheelchair lift or other boarding

assistance device (and is able with

such assistance) to board, ride, and

disembark from any vehicle which is

readily accessible to and usable by

individuals with disabilities if the

individual wants to travel on a route

on the system during the hours of

operation of the system at a time (or

within a reasonable period of such

time) when such a vehicle is not

being used to provide designated

public transportation on the route;

and

(iii) to any individual with a disability

who has a specific impairmentrelated condition which prevents

such individual from traveling to a

boarding location or from a disembarking location on such system;

(B) to one other individual accompanying the individual with the disability;

and

(C) to other individuals, in addition to

the one individual described in subparagraph (B), accompanying the

individual with a disability provided

that space for these additional individuals is available on the paratransit

vehicle carrying the individual with a

disability and that the transportation of

such additional individuals will not

result in a denial of service to individuals with disabilities. For purposes of

clauses (i) and (ii) of subparagraph

(A), boarding or disembarking from a

vehicle does not include travel to the

boarding location or from the disembarking location.

(2) Service area

The regulations issued under this section

shall require the provision of paratransit

and special transportation services

required under this section in the service

area of each public entity which operates a fixed route system, other than

any portion of the service area in which

the public entity solely provides commuter bus service.
742 Forest Service Business Administration

(3) Service criteria

Subject to paragraphs (1) and (2), the

regulations issued under this section

shall establish minimum service criteria

for determining the level of services to

be required under this section.

(4) Undue financial burden limitation

The regulations issued under this section

shall provide that, if the public entity is

able to demonstrate to the satisfaction

of the Secretary that the provision of

paratransit and other special transportation services otherwise required under

this section would impose an undue

financial burden on the public entity, the

public entity, notwithstanding any other

provision of this section (other than

paragraph (5)), shall only be required to

provide such services to the extent that

providing such services would not

impose such a burden.

(5) Additional services

The regulations issued under this section

shall establish circumstances under

which the Secretary may require a

public entity to provide, notwithstanding

paragraph (4), paratransit and other

special transportation services under

this section beyond the level of

paratransit and other special transportation services which would otherwise be

required under paragraph (4).

(6) Public participation

The regulations issued under this section

shall require that each public entity

which operates a fixed route system

hold a public hearing, provide an opportunity for public comment, and consult

with individuals with disabilities in

preparing its plan under paragraph (7).

(7) Plans

The regulations issued under this section

shall require that each public entity

which operates a fixed route system -

(A) within 18 months after July 26,

1990, submit to the Secretary, and

commence implementation of, a plan

for providing paratransit and other

special transportation services which

meets the requirements of this section;

and

(B) on an annual basis thereafter,

submit to the Secretary, and commence implementation of, a plan for

providing such services.

(8) Provision of services by others

The regulations issued under this section

shall -

(A) require that a public entity submitting a plan to the Secretary under this

section identify in the plan any person

or other public entity which is providing a paratransit or other special

transportation service for individuals

with disabilities in the service area to

which the plan applies; and

(B) provide that the public entity

submitting the plan does not have to

provide under the plan such service

for individuals with disabilities.

(9) Other provisions

The regulations issued under this section

shall include such other provisions and

requirements as the Secretary determines are necessary to carry out the
Forest Service Business Administration 743

objectives of this section.

(d) Review of plan

(1) General rule

The Secretary shall review a plan

submitted under this section for the

purpose of determining whether or not

such plan meets the requirements of this

section, including the regulations issued

under this section.

(2) Disapproval

If the Secretary determines that a plan

reviewed under this subsection fails to

meet the requirements of this section,

the Secretary shall disapprove the plan

and notify the public entity which

submitted the plan of such disapproval

and the reasons therefor.

(3) Modification of disapproved plan

Not later than 90 days after the date of

disapproval of a plan under this subsection, the public entity which submitted

the plan shall modify the plan to meet

the requirements of this section and

shall submit to the Secretary, and

commence implementation of, such

modified plan.

(e) “Discrimination” defined

As used in subsection (a) of this section,

the term “discrimination” includes -

(1) a failure of a public entity to which

the regulations issued under this section

apply to submit, or commence implementation of, a plan in accordance with

subsections (c)(6) and (c)(7) of this

section;

(2) a failure of such entity to submit, or

commence implementation of, a modified plan in accordance with subsection

(d)(3) of this section;

(3) submission to the Secretary of a

modified plan under subsection (d)(3) of

this section which does not meet the

requirements of this section; or

(4) a failure of such entity to provide

paratransit or other special transportation services in accordance with the

plan or modified plan the public entity

submitted to the Secretary under this

section.

(f) Statutory construction

Nothing in this section shall be construed

as preventing a public entity –

(1) from providing paratransit or other

special transportation services at a level

which is greater than the level of such

services which are required by this

section,

(2) from providing paratransit or other

special transportation services in

addition to those paratransit and special

transportation services required by this

section, or

(3) from providing such services to

individuals in addition to those individuals to whom such services are required

to be provided by this section. (42

U.S.C. 12143)

Public entity operating a demand

responsive system

Sec. 224 If a public entity operates a

demand responsive system, it shall be

considered discrimination, for purposes of
744 Forest Service Business Administration

section 12132 of this title and section 794

of title 29, for such entity to purchase or

lease a new vehicle for use on such

system, for which a solicitation is made

after the 30th day following July 26, 1990,

that is not readily accessible to and usable

by individuals with disabilities, including

individuals who use wheelchairs, unless

such system, when viewed in its entirety,

provides a level of service to such

individuals equivalent to the level of

service such system provides to individuals without disabilities. (42 U.S.C. 12144)

Temporary relief where lifts are

unavailable

Sec. 225 (a) Granting

With respect to the purchase of new

buses, a public entity may apply for, and

the Secretary may temporarily relieve

such public entity from the obligation

under section 12142(a) or 12144 of this

title to purchase new buses that are

readily accessible to and usable by

individuals with disabilities if such public

entity demonstrates to the satisfaction of

the Secretary –

(1) that the initial solicitation for new

buses made by the public entity specified that all new buses were to be liftequipped and were to be otherwise

accessible to and usable by individuals

with disabilities;

(2) the unavailability from any qualified

manufacturer of hydraulic, electromechanical, or other lifts for such new

buses;

(3) that the public entity seeking temporary relief has made good faith efforts

to locate a qualified manufacturer to

supply the lifts to the manufacturer of

such buses in sufficient time to comply

with such solicitation; and

(4) that any further delay in purchasing

new buses necessary to obtain such lifts

would significantly impair transportation

services in the community served by the

public entity.

(b) Duration and notice to Congress

Any relief granted under subsection (a) of

this section shall be limited in duration by

a specified date, and the appropriate

committees of Congress shall be notified

of any such relief granted.

(c) Fraudulent application

If, at any time, the Secretary has reasonable cause to believe that any relief

granted under subsection (a) of this

section was fraudulently applied for, the

Secretary shall –

(1) cancel such relief if such relief is

still in effect; and

(2) take such other action as the

Secretary considers appropriate. (42

U.S.C. 12145)

New facilities

Sec. 226 For purposes of section 12132

of this title and section 794 of title 29, it

shall be considered discrimination for a

public entity to construct a new facility to

be used in the provision of designated

public transportation services unless such

facility is readily accessible to and usable

by individuals with disabilities, including

individuals who use wheelchairs. (42
Forest Service Business Administration 745

U.S.C. 12146)

Alterations of existing facilities

Sec. 227 (a) General rule

With respect to alterations of an existing

facility or part thereof used in the provision of designated public transportation

services that affect or could affect the

usability of the facility or part thereof, it

shall be considered discrimination, for

purposes of section 12132 of this title and

section 794 of title 29, for a public entity

to fail to make such alterations (or to

ensure that the alterations are made) in

such a manner that, to the maximum

extent feasible, the altered portions of the

facility are readily accessible to and

usable by individuals with disabilities,

including individuals who use wheelchairs,

upon the completion of such alterations.

Where the public entity is undertaking an

alteration that affects or could affect

usability of or access to an area of the

facility containing a primary function, the

entity shall also make the alterations in

such a manner that, to the maximum

extent feasible, the path of travel to the

altered area and the bathrooms, telephones, and drinking fountains serving the

altered area, are readily accessible to and

usable by individuals with disabilities,

including individuals who use wheelchairs,

upon completion of such alterations,

where such alterations to the path of

travel or the bathrooms, telephones, and

drinking fountains serving the altered area

are not disproportionate to the overall

alterations in terms of cost and scope (as

determined under criteria established by

the Attorney General).

(b) Special rule for stations

(1) General rule

For purposes of section 12132 of this

title and section 794 of title 29, it shall

be considered discrimination for a public

entity that provides designated public

transportation to fail, in accordance with

the provisions of this subsection, to

make key stations (as determined under

criteria established by the Secretary by

regulation) in rapid rail and light rail

systems readily accessible to and usable

by individuals with disabilities, including

individuals who use wheelchairs.

(2) Rapid rail and light rail key stations

(A) Accessibility

Except as otherwise provided in this

paragraph, all key stations (as determined under criteria established by the

Secretary by regulation) in rapid rail

and light rail systems shall be made

readily accessible to and usable by

individuals with disabilities, including

individuals who use wheelchairs, as

soon as practicable but in no event

later than the last day of the 3-year

period beginning on July 26, 1990.

(B) Extension for extraordinarily

expensive structural changes

The Secretary may extend the 3-year

period under subparagraph (A) up to a

30-year period for key stations in a

rapid rail or light rail system which

stations need extraordinarily expensive

structural changes to, or replacement

of, existing facilities; except that by

the last day of the 20th year following

July 26, 1990, at least 2/3 of such key
746 Forest Service Business Administration

stations must be readily accessible to

and usable by individuals with disabilities.

(3) Plans and milestones

The Secretary shall require the appropriate public entity to develop and

submit to the Secretary a plan for

compliance with this subsection -

(A) that reflects consultation with

individuals with disabilities affected by

such plan and the results of a public

hearing and public comments on such

plan, and

(B) that establishes milestones for

achievement of the requirements of

this subsection. (42 U.S.C. 12147)

Public transportation programs and

activities in existing facilities and

one car per train rule

Sec. 228 (a) Public transportation

programs and activities in existing facilities

(1) In general

With respect to existing facilities used in

the provision of designated public

transportation services, it shall be

considered discrimination, for purposes

of section 12132 of this title and section

794 of title 29, for a public entity to fail

to operate a designated public transportation program or activity conducted in

such facilities so that, when viewed in

the entirety, the program or activity is

readily accessible to and usable by

individuals with disabilities.

(2) Exception

Paragraph (1) shall not require a public

entity to make structural changes to

existing facilities in order to make such

facilities accessible to individuals who

use wheelchairs, unless and to the

extent required by section 12147(a) of

this title (relating to alterations) or

section 12147(b) of this title (relating to

key stations).

(3) Utilization

Paragraph (1) shall not require a public

entity to which paragraph (2) applies, to

provide to individuals who use wheelchairs services made available to the

general public at such facilities when

such individuals could not utilize or

benefit from such services provided at

such facilities.

(b) One car per train rule

(1) General rule

Subject to paragraph (2), with respect to

2 or more vehicles operated as a train

by a light or rapid rail system, for

purposes of section 12132 of this title

and section 794 of title 29, it shall be

considered discrimination for a public

entity to fail to have at least 1 vehicle

per train that is accessible to individuals

with disabilities, including individuals

who use wheelchairs, as soon as

practicable but in no event later than the

last day of the 5-year period beginning

on the effective date of this section.

(2) Historic trains

In order to comply with paragraph (1)

with respect to the remanufacture of a

vehicle of historic character which is to

be used on a segment of a light or rapid
Forest Service Business Administration 747

rail system which is included on the

National Register of Historic Places, if

making such vehicle readily accessible

to and usable by individuals with disabilities would significantly alter the historic

character of such vehicle, the public

entity which operates such system only

has to make (or to purchase or lease a

remanufactured vehicle with) those

modifications which are necessary to

meet the requirements of section

12142(c)(1) of this title and which do

not significantly alter the historic

character of such vehicle. (42 U.S.C.

12148)

Regulations

Sec. 229 (a) In general

Not later than 1 year after July 26, 1990,

the Secretary of Transportation shall issue

regulations, in an accessible format,

necessary for carrying out this subpart

(other than section 12143 of this title).

*** (42 U.S.C. 12149)

Interim accessibility requirements

Sec. 230 If final regulations have not

been issued pursuant to section 12149 of

this title, for new construction or alterations for which a valid and appropriate

State or local building permit is obtained

prior to the issuance of final regulations

under such section, and for which the

construction or alteration authorized by

such permit begins within one year of the

receipt of such permit and is completed

under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the

building permit is issued shall suffice to

satisfy the requirement that facilities be

readily accessible to and usable by

persons with disabilities as required under

sections 12146 and 12147 of this title,

except that, if such final regulations have

not been issued one year after the

Architectural and Transportation Barriers

Compliance Board has issued the supplemental minimum guidelines required under

section 12204(a) of this title, compliance

with such supplemental minimum guidelines shall be necessary to satisfy the

requirement that facilities be readily

accessible to and usable by persons with

disabilities prior to issuance of the final

regulations. (42 U.S.C. 12150)

Effective date

Sec. 231 (a) General Rule

 Except as provided in subsection (b), this

part (part I (Sec. 221-231) of subtitle B of

title II of Pub. L. 101-336, enacting this

subpart) shall become effective 18

months after the date of enactment of this

Act (July 26, 1990).

(b) Exception

Sections 222, 223 (other than subsection

(a)), 224, 225, 227(b), 228(b), and 229

(sections 12142, 12143(b) to (f), 12144,

12145, 12147(b), 12148(b), and 12149 of

this title) shall become effective on the

date of enactment of this Act. (42 U.S.C.

12141 note)

Part II—Public Transportation by

Intercity and Commuter Rail

Definitions
748 Forest Service Business Administration

Sec. 241 As used in this subpart:

(1) Commuter authority

The term “commuter authority” has the

meaning given such term in section

24102(4) of title 49.3

(2) Commuter rail transportation

The term “commuter rail transportation”

has the meaning given the term “commuter rail passenger transportation” in

section 24102(5) of title 49.

(3) Intercity rail transportation

The term “intercity rail transportation”

means transportation provided by the

National Railroad Passenger Corporation.

(4) Rail passenger car

The term “rail passenger car” means,

with respect to intercity rail transportation, single-level and bi-level coach cars,

single-level and bi-level dining cars,

single-level and bi-level sleeping cars,

single-level and bi-level lounge cars, and

food service cars.

(5) Responsible person

The term “responsible person” means -

(A) in the case of a station more than

50 percent of which is owned by a

public entity, such public entity;

(B) in the case of a station more than

50 percent of which is owned by a

private party, the persons providing

intercity or commuter rail transportation to such station, as allocated on an

equitable basis by regulation by the

Secretary of Transportation; and

(C) in a case where no party owns

more than 50 percent of a station, the

persons providing intercity or commuter rail transportation to such

station and the owners of the station,

other than private party owners, as

allocated on an equitable basis by

regulation by the Secretary of Transportation.

(6) Station

The term “station” means the portion of

a property located appurtenant to a

right-of-way on which intercity or

commuter rail transportation is operated,

where such portion is used by the

general public and is related to the

provision of such transportation, including passenger platforms, designated

waiting areas, ticketing areas,

restrooms, and, where a public entity

providing rail transportation owns the

property, concession areas, to the extent

that such public entity exercises control

over the selection, design, construction,

or alteration of the property, but such

term does not include flag stops. (42

U.S.C. 12161)

3

 Section 24102 of title 49, referred to in

pars. (1) and (2), was subsequently

amended, and pars. (4) and (5) of section

24102 no longer define “commuter

authority” and “commuter rail passenger

transportation”, respectively. However,

such terms are defined elsewhere in that

section.

Intercity and commuter rail actions

considered discriminatory

Sec. 242 (a) Intercity rail transportation
Forest Service Business Administration 749

(1) One car per train rule It shall be

considered discrimination for purposes of

section 12132 of this title and section 794

of title 29 for a person who provides

intercity rail transportation to fail to have

at least one passenger car per train that is

readily accessible to and usable by

individuals with disabilities, including

individuals who use wheelchairs, in

accordance with regulations issued under

section 12164 of this title, as soon as

practicable, but in no event later than 5

years after July 26, 1990.

(2) New intercity cars

(A) General rule

Except as otherwise provided in this

subsection with respect to individuals

who use wheelchairs, it shall be

considered discrimination for purposes

of section 12132 of this title and

section 794 of title 29 for a person to

purchase or lease any new rail passenger cars for use in intercity rail

transportation, and for which a solicitation is made later than 30 days after

July 26, 1990, unless all such rail cars

are readily accessible to and usable by

individuals with disabilities, including

individuals who use wheelchairs, as

prescribed by the Secretary of Transportation in regulations issued under

section 12164 of this title.

(B) Special rule for single-level

passenger coaches for individuals who

use wheelchairs

Single-level passenger coaches shall

be required to -

(i) be able to be entered by an

individual who uses a wheelchair;

(ii) have space to park and secure a

wheelchair;

(iii) have a seat to which a passenger in a wheelchair can transfer, and

a space to fold and store such

passenger’s wheelchair; and

(iv) have a restroom usable by an

individual who uses a wheelchair,

only to the extent provided in paragraph (3).

(C) Special rule for single-level dining

cars for individuals who use wheelchairs

Single-level dining cars shall not be

required to -

(i) be able to be entered from the

station platform by an individual who

uses a wheelchair; or

(ii) have a restroom usable by an

individual who uses a wheelchair if

no restroom is provided in such car

for any passenger.

(D) Special rule for bi-level dining cars

for individuals who use wheelchairs

Bi-level dining cars shall not be

required to -

(i) be able to be entered by an

individual who uses a wheelchair;

(ii) have space to park and secure a

wheelchair;

(iii) have a seat to which a passenger in a wheelchair can transfer, or a

space to fold and store such

passenger’s wheelchair; or
750 Forest Service Business Administration

(iv) have a restroom usable by an

individual who uses a wheelchair.

(3) Accessibility of single-level coaches

(A) General rule

It shall be considered discrimination

for purposes of section 12132 of this

title and section 794 of title 29 for a

person who provides intercity rail

transportation to fail to have on each

train which includes one or more

single-level rail passenger coaches -

(i) a number of spaces -

(I) to park and secure wheelchairs

(to accommodate individuals who

wish to remain in their wheelchairs) equal to not less than onehalf of the number of single-level

rail passenger coaches in such

train; and

(II) to fold and store wheelchairs

(to accommodate individuals who

wish to transfer to coach seats)

equal to not less than one-half of

the number of single-level rail

passenger coaches in such train, as

soon as practicable, but in no event

later than 5 years after July 26,

1990; and

(ii) a number of spaces -

(I) to park and secure wheelchairs

(to accommodate individuals who

wish to remain in their wheelchairs) equal to not less than the

total number of single-level rail

passenger coaches in such train;

and

(II) to fold and store wheelchairs

(to accommodate individuals who

wish to transfer to coach seats)

equal to not less than the total

number of single-level rail passenger coaches in such train, as soon

as practicable, but in no event later

than 10 years after July 26, 1990.

(B) Location

Spaces required by subparagraph (A)

shall be located in single-level rail

passenger coaches or food service

cars.

(C) Limitation

Of the number of spaces required on a

train by subparagraph (A), not more

than two spaces to park and secure

wheelchairs nor more than two spaces

to fold and store wheelchairs shall be

located in any one coach or food

service car.

(D) Other accessibility features

Single-level rail passenger coaches

and food service cars on which the

spaces required by subparagraph (A)

are located shall have a restroom

usable by an individual who uses a

wheelchair and shall be able to be

entered from the station platform by

an individual who uses a wheelchair.

(4) Food service

(A) Single-level dining cars

On any train in which a single-level

dining car is used to provide food

service -

(i) if such single-level dining car was

purchased after July 26, 1990, table

service in such car shall be provided
Forest Service Business Administration 751

to a passenger who uses a wheelchair if -

(I) the car adjacent to the end of

the dining car through which a

wheelchair may enter is itself

accessible to a wheelchair;

(II) such passenger can exit to the

platform from the car such passenger occupies, move down the

platform, and enter the adjacent

accessible car described in subclause (I) without the necessity of

the train being moved within the

station; and

(III) space to park and secure a

wheelchair is available in the dining

car at the time such passenger

wishes to eat (if such passenger

wishes to remain in a wheelchair),

or space to store and fold a

wheelchair is available in the dining

car at the time such passenger

wishes to eat (if such passenger

wishes to transfer to a dining car

seat); and

(ii) appropriate auxiliary aids and

services, including a hard surface on

which to eat, shall be provided to

ensure that other equivalent food

service is available to individuals

with disabilities, including individuals

who use wheelchairs, and to passengers traveling with such individuals.

Unless not practicable, a person providing intercity rail transportation shall

place an accessible car adjacent to the

end of a dining car described in clause

(i) through which an individual who uses

a wheelchair may enter.

(B) Bi-level dining cars

On any train in which a bi-level dining

car is used to provide food service -

(i) if such train includes a bi-level

lounge car purchased after July 26,

1990, table service in such lounge

car shall be provided to individuals

who use wheelchairs and to other

passengers; and

(ii) appropriate auxiliary aids and

services, including a hard surface on

which to eat, shall be provided to

ensure that other equivalent food

service is available to individuals

with disabilities, including individuals

who use wheelchairs, and to passengers traveling with such individuals.

(b) Commuter rail transportation

(1) One car per train rule

It shall be considered discrimination for

purposes of section 12132 of this title

and section 794 of title 29 for a person

who provides commuter rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with

disabilities, including individuals who use

wheelchairs, in accordance with regulations issued under section 12164 of this

title, as soon as practicable, but in no

event later than 5 years after July 26,

1990.

(2) New commuter rail cars

(A) General rule

It shall be considered discrimination

for purposes of section 12132 of this

title and section 794 of title 29 for a
752 Forest Service Business Administration

person to purchase or lease any new

rail passenger cars for use in commuter rail transportation, and for

which a solicitation is made later than

30 days after July 26, 1990, unless all

such rail cars are readily accessible to

and usable by individuals with disabilities, including individuals who use

wheelchairs, as prescribed by the

Secretary of Transportation in regulations issued under section 12164 of

this title.

(B) Accessibility

For purposes of section 12132 of this

title and section 794 of title 29, a

requirement that a rail passenger car

used in commuter rail transportation

be accessible to or readily accessible

to and usable by individuals with

disabilities, including individuals who

use wheelchairs, shall not be construed to require -

(i) a restroom usable by an individual

who uses a wheelchair if no

restroom is provided in such car for

any passenger;

(ii) space to fold and store a wheelchair; or

(iii) a seat to which a passenger who

uses a wheelchair can transfer.

(c) Used rail cars

It shall be considered discrimination for

purposes of section 12132 of this title and

section 794 of title 29 for a person to

purchase or lease a used rail passenger

car for use in intercity or commuter rail

transportation, unless such person makes

demonstrated good faith efforts to

purchase or lease a used rail car that is

readily accessible to and usable by

individuals with disabilities, including

individuals who use wheelchairs, as

prescribed by the Secretary of Transportation in regulations issued under section

12164 of this title.

(d) Remanufactured rail cars

(1) Remanufacturing

It shall be considered discrimination for

purposes of section 12132 of this title

and section 794 of title 29 for a person

to remanufacture a rail passenger car

for use in intercity or commuter rail

transportation so as to extend its usable

life for 10 years or more, unless the rail

car, to the maximum extent feasible, is

made readily accessible to and usable

by individuals with disabilities, including

individuals who use wheelchairs, as

prescribed by the Secretary of Transportation in regulations issued under

section 12164 of this title.

(2) Purchase or lease

It shall be considered discrimination for

purposes of section 12132 of this title

and section 794 of title 29 for a person

to purchase or lease a remanufactured

rail passenger car for use in intercity or

commuter rail transportation unless such

car was remanufactured in accordance

with paragraph (1).

(e) Stations

(1) New stations

It shall be considered discrimination for

purposes of section 12132 of this title

and section 794 of title 29 for a person

to build a new station for use in intercity
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or commuter rail transportation that is

not readily accessible to and usable by

individuals with disabilities, including

individuals who use wheelchairs, as

prescribed by the Secretary of Transportation in regulations issued under

section 12164 of this title.

(2) Existing stations

(A) Failure to make readily accessible

(i) General rule

It shall be considered discrimination

for purposes of section 12132 of this

title and section 794 of title 29 for a

responsible person to fail to make

existing stations in the intercity rail

transportation system, and existing

key stations in commuter rail transportation systems, readily accessible

to and usable by individuals with

disabilities, including individuals who

use wheelchairs, as prescribed by

the Secretary of Transportation in

regulations issued under section

12164 of this title.

(ii) Period for compliance

(I) Intercity rail

All stations in the intercity rail

transportation system shall be

made readily accessible to and

usable by individuals with disabilities, including individuals who use

wheelchairs, as soon as practicable, but in no event later than 20

years after July 26, 1990.

(II) Commuter rail

Key stations in commuter rail

transportation systems shall be

made readily accessible to and

usable by individuals with disabilities, including individuals who use

wheelchairs, as soon as practicable

but in no event later than 3 years

after July 26, 1990, except that the

time limit may be extended by the

Secretary of Transportation up to

20 years after July 26, 1990, in a

case where the raising of the entire

passenger platform is the only

means available of attaining

accessibility or where other

extraordinarily expensive structural

changes are necessary to attain

accessibility.

(iii) Designation of key stations

Each commuter authority shall

designate the key stations in its

commuter rail transportation system,

in consultation with individuals with

disabilities and organizations representing such individuals, taking into

consideration such factors as high

ridership and whether such station

serves as a transfer or feeder

station. Before the final designation

of key stations under this clause, a

commuter authority shall hold a

public hearing.

(iv) Plans and milestones

The Secretary of Transportation

shall require the appropriate person

to develop a plan for carrying out

this subparagraph that reflects

consultation with individuals with

disabilities affected by such plan and

that establishes milestones for

achievement of the requirements of
754 Forest Service Business Administration

this subparagraph.

(B) Requirement when making

alterations

(i) General rule

It shall be considered discrimination,

for purposes of section 12132 of this

title and section 794 of title 29, with

respect to alterations of an existing

station or part thereof in the intercity

or commuter rail transportation

systems that affect or could affect

the usability of the station or part

thereof, for the responsible person,

owner, or person in control of the

station to fail to make the alterations

in such a manner that, to the maximum extent feasible, the altered

portions of the station are readily

accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon

completion of such alterations.

(ii) Alterations to a primary function

area

It shall be considered discrimination,

for purposes of section 12132 of this

title and section 794 of title 29, with

respect to alterations that affect or

could affect the usability of or

access to an area of the station

containing a primary function, for the

responsible person, owner, or person

in control of the station to fail to

make the alterations in such a

manner that, to the maximum extent

feasible, the path of travel to the

altered area, and the bathrooms,

telephones, and drinking fountains

serving the altered area, are readily

accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon

completion of such alterations,

where such alterations to the path of

travel or the bathrooms, telephones,

and drinking fountains serving the

altered area are not disproportionate

to the overall alterations in terms of

cost and scope (as determined under

criteria established by the Attorney

General).

(C) Required cooperation

It shall be considered discrimination

for purposes of section 12132 of this

title and section 794 of title 29 for an

owner, or person in control, of a

station governed by subparagraph (A)

or (B) to fail to provide reasonable

cooperation to a responsible person

with respect to such station in that

responsible person’s efforts to comply

with such subparagraph. An owner, or

person in control, of a station shall be

liable to a responsible person for any

failure to provide reasonable cooperation as required by this subparagraph.

Failure to receive reasonable cooperation required by this subparagraph

shall not be a defense to a claim of

discrimination under this chapter. (42

U.S.C. 12162)

Conformance of accessibility

standards

Sec. 243 Accessibility standards included

in regulations issued under this subpart

shall be consistent with the minimum

guidelines issued by the Architectural and

Transportation Barriers Compliance
Forest Service Business Administration 755

Board under section 12204(a) of this title.

(42 U.S.C. 12163)

Regulations

Sec. 244 Not later than 1 year after July

26, 1990, the Secretary of Transportation

shall issue regulations, in an accessible

format, necessary for carrying out this

subpart. (42 U.S.C. 12164)

Interim accessibility requirements

Sec. 245 (a) Stations

If final regulations have not been issued

pursuant to section 12164 of this title, for

new construction or alterations for which

a valid and appropriate State or local

building permit is obtained prior to the

issuance of final regulations under such

section, and for which the construction or

alteration authorized by such permit

begins within one year of the receipt of

such permit and is completed under the

terms of such permit, compliance with the

Uniform Federal Accessibility Standards

in effect at the time the building permit is

issued shall suffice to satisfy the requirement that stations be readily accessible to

and usable by persons with disabilities as

required under section 12162(e) of this

title, except that, if such final regulations

have not been issued one year after the

Architectural and Transportation Barriers

Compliance Board has issued the supplemental minimum guidelines required under

section 12204(a) of this title, compliance

with such supplemental minimum guidelines shall be necessary to satisfy the

requirement that stations be readily

accessible to and usable by persons with

disabilities prior to issuance of the final

regulations.

(b) Rail passenger cars

If final regulations have not been issued

pursuant to section 12164 of this title, a

person shall be considered to have

complied with the requirements of section

12162(a) through (d) of this title that a rail

passenger car be readily accessible to

and usable by individuals with disabilities,

if the design for such car complies with

the laws and regulations (including the

Minimum Guidelines and Requirements

for Accessible Design and such supplemental minimum guidelines as are issued

under section 12204(a) of this title)

governing accessibility of such cars, to

the extent that such laws and regulations

are not inconsistent with this subpart and

are in effect at the time such design is

substantially completed. (42 U.S.C.

12165)

Effective date

Sec. 246 (a) General Rule

 Except as provided in subsection (b), this

part (part II (Sec. 241-246) of subtitle B

of title II of Pub. L. 101-336, enacting this

subpart) shall become effective 18

months after the date of enactment of this

Act (July 26, 1990).

(b) Exception

Sections 242 and 244 (sections 12162 and

12164 of this title) shall become effective

on the date of enactment of this Act. (42

U.S.C. 12161 note)

TITLE III—Public accommodations

and services operated by private

entities
756 Forest Service Business Administration

Definitions

Sec. 301 As used in this subchapter:

(1) Commerce

The term “commerce” means travel,

trade, traffic, commerce, transportation,

or communication -

(A) among the several States;

(B) between any foreign country or

any territory or possession and any

State; or

(C) between points in the same State

but through another State or foreign

country.

(2) Commercial facilities

The term “commercial facilities” means

facilities -

(A) that are intended for nonresidential use; and

(B) whose operations will affect

commerce. Such term shall not include

railroad locomotives, railroad freight

cars, railroad cabooses, railroad cars

described in section 12162 of this title

or covered under this subchapter,

railroad rights-of-way, or facilities that

are covered or expressly exempted

from coverage under the Fair Housing

Act of 1968 (42 U.S.C. 3601 et seq.).

4

(3) Demand responsive system

The term “demand responsive system”

means any system of providing transportation of individuals by a vehicle,

other than a system which is a fixed

route system.

(4) Fixed route system

The term “fixed route system” means a

system of providing transportation of

individuals (other than by aircraft) on

which a vehicle is operated along a

prescribed route according to a fixed

schedule.

(5) Over-the-road bus

The term “over-the-road bus” means a

bus characterized by an elevated

passenger deck located over a baggage

compartment.

(6) Private entity

The term “private entity” means any

entity other than a public entity (as

defined in section 12131(1) of this title).

(7) Public accommodation

The following private entities are

considered public accommodations for

purposes of this subchapter, if the

operations of such entities affect

commerce -

(A) an inn, hotel, motel, or other place

of lodging, except for an establishment

located within a building that contains

not more than five rooms for rent or

hire and that is actually occupied by

the proprietor of such establishment as

the residence of such proprietor;

(B) a restaurant, bar, or other establishment serving food or drink;

(C) a motion picture house, theater,

concert hall, stadium, or other place of

exhibition or entertainment;

(D) an auditorium, convention center,

lecture hall, or other place of public
Forest Service Business Administration 757

gathering;

(E) a bakery, grocery store, clothing

store, hardware store, shopping center,

or other sales or rental establishment;

(F) a laundromat, dry-cleaner, bank,

barber shop, beauty shop, travel

service, shoe repair service, funeral

parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a

health care provider, hospital, or other

service establishment;

(G) a terminal, depot, or other station

used for specified public transportation;

(H) a museum, library, gallery, or other

place of public display or collection;

(I) a park, zoo, amusement park, or

other place of recreation;

(J) a nursery, elementary, secondary,

undergraduate, or postgraduate private

school, or other place of education;

(K) a day care center, senior citizen

center, homeless shelter, food bank,

adoption agency, or other social

service center establishment; and

(L) a gymnasium, health spa, bowling

alley, golf course, or other place of

exercise or recreation.

(8) Rail and railroad

The terms “rail” and “railroad” have the

meaning given the term “railroad” in

section 20102(1) of title 49.

(9) Readily achievable

The term “readily achievable” means

easily accomplishable and able to be

carried out without much difficulty or

expense. In determining whether an

action is readily achievable, factors to

be considered include -

(A) the nature and cost of the action

needed under this chapter;

(B) the overall financial resources of

the facility or facilities involved in the

action; the number of persons employed at such facility; the effect on

expenses and resources, or the impact

otherwise of such action upon the

operation of the facility;

(C) the overall financial resources of

the covered entity; the overall size of

the business of a covered entity with

respect to the number of its employees; the number, type, and location of

its facilities; and

(D) the type of operation or operations

of the covered entity, including the

composition, structure, and functions

of the workforce of such entity; the

geographic separateness, administrative or fiscal relationship of the facility

or facilities in question to the covered

entity.

(10) Specified public transportation

The term “specified public transportation” means transportation by bus, rail,

or any other conveyance (other than by

aircraft) that provides the general public

with general or special service (including charter service) on a regular and

continuing basis.

(11) Vehicle

The term “vehicle” does not include a

rail passenger car, railroad locomotive,
758 Forest Service Business Administration

railroad freight car, railroad caboose, or

a railroad car described in section 12162

of this title or covered under this

subchapter. (42 U.S.C. 12181)

4

 The Fair Housing Act of 1968, referred

to in par. (2), probably means the Fair

Housing Act, title VIII of Pub. L. 90-284,

Apr. 11, 1968, 82 Stat. 81, as amended,

which is classified principally to subchapter I of chapter 45 (Sec. 3601 et seq.) of

this title. For complete classification of

this Act to the Code, see Short Title note

set out under section 3601 of this title and

Tables.

Prohibition of discrimination by

public accommodations

Sec. 302 (a) General rule

No individual shall be discriminated

against on the basis of disability in the full

and equal enjoyment of the goods,

services, facilities, privileges, advantages,

or accommodations of any place of public

accommodation by any person who owns,

leases (or leases to), or operates a place

of public accommodation.

(b) Construction

(1) General prohibition

(A) Activities

(i) Denial of participation

It shall be discriminatory to subject

an individual or class of individuals

on the basis of a disability or disabilities of such individual or class,

directly, or through contractual,

licensing, or other arrangements, to a

denial of the opportunity of the

individual or class to participate in or

benefit from the goods, services,

facilities, privileges, advantages, or

accommodations of an entity.

(ii) Participation in unequal benefit

It shall be discriminatory to afford an

individual or class of individuals, on

the basis of a disability or disabilities

of such individual or class, directly,

or through contractual, licensing, or

other arrangements with the opportunity to participate in or benefit

from a good, service, facility, privilege, advantage, or accommodation

that is not equal to that afforded to

other individuals.

(iii) Separate benefit

It shall be discriminatory to provide

an individual or class of individuals,

on the basis of a disability or disabilities of such individual or class,

directly, or through contractual,

licensing, or other arrangements with

a good, service, facility, privilege,

advantage, or accommodation that is

different or separate from that

provided to other individuals, unless

such action is necessary to provide

the individual or class of individuals

with a good, service, facility, privilege, advantage, or accommodation,

or other opportunity that is as

effective as that provided to others.

(iv) Individual or class of individuals

For purposes of clauses (i) through

(iii) of this subparagraph, the term

“individual or class of individuals”

refers to the clients or customers of

the covered public accommodation
Forest Service Business Administration 759

that enters into the contractual,

licensing or other arrangement.

(B) Integrated settings

Goods, services, facilities, privileges,

advantages, and accommodations shall

be afforded to an individual with a

disability in the most integrated setting

appropriate to the needs of the individual.

(C) Opportunity to participate

Notwithstanding the existence of

separate or different programs or

activities provided in accordance with

this section, an individual with a

disability shall not be denied the

opportunity to participate in such

programs or activities that are not

separate or different.

(D) Administrative methods

An individual or entity shall not,

directly or through contractual or other

arrangements, utilize standards or

criteria or methods of administration -

(i) that have the effect of discriminating on the basis of disability; or

(ii) that perpetuate the discrimination

of others who are subject to common administrative control.

(E) Association

It shall be discriminatory to exclude or

otherwise deny equal goods, services,

facilities, privileges, advantages,

accommodations, or other opportunities to an individual or entity because

of the known disability of an individual

with whom the individual or entity is

known to have a relationship or

association.

(2) Specific prohibitions

(A) Discrimination

For purposes of subsection (a) of this

section, discrimination includes -

(i) the imposition or application of

eligibility criteria that screen out or

tend to screen out an individual with

a disability or any class of individuals

with disabilities from fully and

equally enjoying any goods, services,

facilities, privileges, advantages, or

accommodations, unless such criteria

can be shown to be necessary for

the provision of the goods, services,

facilities, privileges, advantages, or

accommodations being offered;

(ii) a failure to make reasonable

modifications in policies, practices, or

procedures, when such modifications

are necessary to afford such goods,

services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the

entity can demonstrate that making

such modificatios would fundamentally alter the nature of such goods,

services, facilities, privileges, advantages, or accommodations;

(iii) a failure to take such steps as

may be necessary to ensure that no

individual with a disability is excluded, denied services, segregated

or otherwise treated differently than

other individuals because of the

absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would
760 Forest Service Business Administration

fundamentally alter the nature of the

good, service, facility, privilege,

advantage, or accommodation being

offered or would result in an undue

burden;

(iv) a failure to remove architectural

barriers, and communication barriers

that are structural in nature, in

existing facilities, and transportation

barriers in existing vehicles and rail

passenger cars used by an establishment for transporting individuals (not

including barriers that can only be

removed through the retrofitting of

vehicles or rail passenger cars by the

installation of a hydraulic or other

lift), where such removal is readily

achievable; and

(v) where an entity can demonstrate

that the removal of a barrier under

clause (iv) is not readily achievable,

a failure to make such goods,

services, facilities, privileges, advantages, or accommodations available

through alternative methods if such

methods are readily achievable.

(B) Fixed route system

(i) Accessibility

It shall be considered discrimination

for a private entity which operates a

fixed route system and which is not

subject to section 12184 of this title

to purchase or lease a vehicle with a

seating capacity in excess of 16

passengers (including the driver) for

use on such system, for which a

solicitation is made after the 30th

day following the effective date of

this subparagraph, that is not readily

accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(ii) Equivalent service

If a private entity which operates a

fixed route system and which is not

subject to section 12184 of this title

purchases or leases a vehicle with a

seating capacity of 16 passengers or

less (including the driver) for use on

such system after the effective date

of this subparagraph that is not

readily accessible to or usable by

individuals with disabilities, it shall be

considered discrimination for such

entity to fail to operate such system

so that, when viewed in its entirety,

such system ensures a level of

service to individuals with disabilities,

including individuals who use wheelchairs, equivalent to the level of

service provided to individuals

without disabilities.

(C) Demand responsive system

For purposes of subsection (a) of this

section, discrimination includes -

(i) a failure of a private entity which

operates a demand responsive

system and which is not subject to

section 12184 of this title to operate

such system so that, when viewed in

its entirety, such system ensures a

level of service to individuals with

disabilities, including individuals who

use wheelchairs, equivalent to the

level of service provided to individuals without disabilities; and

(ii) the purchase or lease by such
Forest Service Business Administration 761

entity for use on such system of a

vehicle with a seating capacity in

excess of 16 passengers (including

the driver), for which solicitations

are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals

with disabilities (including individuals

who use wheelchairs) unless such

entity can demonstrate that such

system, when viewed in its entirety,

provides a level of service to individuals with disabilities equivalent to

that provided to individuals without

disabilities.

(D) Over-the-road buses

(i) Limitation on applicability

Subparagraphs (B) and (C) do not

apply to over-the-road buses.

(ii) Accessibility requirements

For purposes of subsection (a) of

this section, discrimination includes

(I) the purchase or lease of an overthe-road bus which does not comply

with the regulations issued under

section 12186(a)(2) of this title by a

private entity which provides transportation of individuals and which is

not primarily engaged in the business

of transporting people, and (II) any

other failure of such entity to comply

with such regulations.

(3) Specific construction

Nothing in this subchapter shall require

an entity to permit an individual to

participate in or benefit from the goods,

services, facilities, privileges, advantages and accommodations of such

entity where such individual poses a

direct threat to the health or safety of

others. The term “direct threat” means

a significant risk to the health or safety

of others that cannot be eliminated by a

modification of policies, practices, or

procedures or by the provision of

auxiliary aids or services. (42 U.S.C.

12182)

New construction and alterations in

public accommodations and

commercial facilities

Sec. 303 (a) Application of term

Except as provided in subsection (b) of

this section, as applied to public accommodations and commercial facilities,

discrimination for purposes of section

12182(a) of this title includes –

(1) a failure to design and construct

facilities for first occupancy later than

30 months after July 26, 1990, that are

readily accessible to and usable by

individuals with disabilities, except

where an entity can demonstrate that it

is structurally impracticable to meet the

requirements of such subsection in

accordance with standards set forth or

incorporated by reference in regulations

issued under this subchapter; and

(2) with respect to a facility or part

thereof that is altered by, on behalf of,

or for the use of an establishment in a

manner that affects or could affect the

usability of the facility or part thereof, a

failure to make alterations in such a

manner that, to the maximum extent

feasible, the altered portions of the
762 Forest Service Business Administration

facility are readily accessible to and

usable by individuals with disabilities,

including individuals who use wheelchairs. Where the entity is undertaking

an alteration that affects or could affect

usability of or access to an area of the

facility containing a primary function,

the entity shall also make the alterations

in such a manner that, to the maximum

extent feasible, the path of travel to the

altered area and the bathrooms, telephones, and drinking fountains serving

the altered area, are readily accessible

to and usable by individuals with disabilities where such alterations to the path

of travel or the bathrooms, telephones,

and drinking fountains serving the

altered area are not disproportionate to

the overall alterations in terms of cost

and scope (as determined under criteria

established by the Attorney General).

(b) Elevator

Subsection (a) of this section shall not be

construed to require the installation of an

elevator for facilities that are less than

three stories or have less than 3,000

square feet per story unless the building is

a shopping center, a shopping mall, or the

professional office of a health care

provider or unless the Attorney General

determines that a particular category of

such facilities requires the installation of

elevators based on the usage of such

facilities. (42 U.S.C. 12183)

Prohibition of discrimination in

specified public transportation

services provided by private entities

Sec. 304 (a) General rule

No individual shall be discriminated

against on the basis of disability in the full

and equal enjoyment of specified public

transportation services provided by a

private entity that is primarily engaged in

the business of transporting people and

whose operations affect commerce.

(b) Construction

For purposes of subsection (a) of this

section, discrimination includes

(1) the imposition or application by a 5

entity described in subsection (a) of this

section of eligibility criteria that screen

out or tend to screen out an individual

with a disability or any class of individuals with disabilities from fully enjoying

the specified public transportation

services provided by the entity, unless

such criteria can be shown to be

necessary for the provision of the

services being offered;

(2) the failure of such entity to -

(A) make reasonable modifications

consistent with those required under

section 12182(b)(2)(A)(ii) of this title;

(B) provide auxiliary aids and services

consistent with the requirements of

section 12182(b)(2)(A)(iii) of this title;

and

(C) remove barriers consistent with

the requirements of section

12182(b)(2)(A) of this title and with

the requirements of section

12183(a)(2) of this title;

(3) the purchase or lease by such entity

of a new vehicle (other than an automobile, a van with a seating capacity of
Forest Service Business Administration 763

less than 8 passengers, including the

driver, or an over-the-road bus) which is

to be used to provide specified public

transportation and for which a solicitation is made after the 30th day following

the effective date of this section, that is

not readily accessible to and usable by

individuals with disabilities, including

individuals who use wheelchairs; except

that the new vehicle need not be readily

accessible to and usable by such

individuals if the new vehicle is to be

used solely in a demand responsive

system and if the entity can demonstrate that such system, when viewed in

its entirety, provides a level of service to

such individuals equivalent to the level

of service provided to the general

public;

(4)(A) the purchase or lease by such

entity of an over-the-road bus which

does not comply with the regulations

issued under section 12186(a)(2) of this

title; and

(B) any other failure of such entity to

comply with such regulations; and

(5) the purchase or lease by such entity

of a new van with a seating capacity of

less than 8 passengers, including the

driver, which is to be used to provide

specified public transportation and for

which a solicitation is made after the

30th day following the effective date of

this section that is not readily accessible

to or usable by individuals with disabilities, including individuals who use

wheelchairs; except that the new van

need not be readily accessible to and

usable by such individuals if the entity

can demonstrate that the system for

which the van is being purchased or

leased, when viewed in its entirety,

provides a level of service to such

individuals equivalent to the level of

service provided to the general public;

(6) the purchase or lease by such entity

of a new rail passenger car that is to be

used to provide specified public transportation, and for which a solicitation is

made later than 30 days after the

effective date of this paragraph, that is

not readily accessible to and usable by

individuals with disabilities, including

individuals who use wheelchairs; and

(7) the remanufacture by such entity of

a rail passenger car that is to be used to

provide specified public transportation

so as to extend its usable life for 10

years or more, or the purchase or lease

by such entity of such a rail car, unless

the rail car, to the maximum extent

feasible, is made readily accessible to

and usable by individuals with disabilities, including individuals who use

wheelchairs.

(c) Historical or antiquated cars

(1) Exception

To the extent that compliance with

subsection (b)(2)(C) or (b)(7) of this

section would significantly alter the

historic or antiquated character of a

historical or antiquated rail passenger

car, or a rail station served exclusively

by such cars, or would result in violation

of any rule, regulation, standard, or

order issued by the Secretary of Transportation under the Federal Railroad

Safety Act of 1970, such compliance

shall not be required.
764 Forest Service Business Administration

(2) Definition

As used in this subsection, the term

“historical or antiquated rail passenger

car” means a rail passenger car -

(A) which is not less than 30 years old

at the time of its use for transporting

individuals;

(B) the manufacturer of which is no

longer in the business of manufacturing rail passenger cars; and

(C) which -

(i) has a consequential association

with events or persons significant to

the past; or

(ii) embodies, or is being restored to

embody, the distinctive characteristics of a type of rail passenger car

used in the past, or to represent a

time period which has passed. (42

U.S.C. 12184)

5

 So in original. Probably should be “an”.

Study

Sec. 305 (a) Purposes

The Office of Technology Assessment

shall undertake a study to determine –

(1) the access needs of individuals with

disabilities to over-the-road buses and

over-the-road bus service; and

(2) the most cost-effective methods for

providing access to over-the-road buses

and over-the-road bus service to

individuals with disabilities, particularly

individuals who use wheelchairs,

through all forms of boarding options.

***

(d) Deadline

The study required by subsection (a) of

this section, along with recommendations

by the Office of Technology Assessment,

including any policy options for legislative

action, shall be submitted to the President

and Congress within 36 months after July

26, 1990. If the President determines that

compliance with the regulations issued

pursuant to section 12186(a)(2)(B) of this

title on or before the applicable deadlines

specified in section 12186(a)(2)(B) of this

title will result in a significant reduction in

intercity over-the-road bus service, the

President shall extend each such deadline

by 1 year.

*** (42 U.S.C. 12185)

Regulations

Sec. 306 (a) Transportation provisions

(1) General rule

Not later than 1 year after July 26,

1990, the Secretary of Transportation

shall issue regulations in an accessible

format to carry out sections 6

12182(b)(2)(B) and (C) of this title and

to carry out section 12184 of this title

(other than subsection (b)(4)).

*** (42 U.S.C. 12186)

6

 So in original. Probably should be

“section”.

Exemptions for private clubs and

religious organizations

Sec. 307 The provisions of this subchapter shall not apply to private clubs or

establishments exempted from coverage

under title II of the Civil Rights Act of
Forest Service Business Administration 765

1964 (42 U.S.C. 2000-a(e)) (42 U.S.C.

2000a et seq.) or to religious organizations

or entities controlled by religious organizations, including places of worship. (42

U.S.C. 12187)

Enforcement

Sec. 308 (a) In general

(1) Availability of remedies and procedures

The remedies and procedures set forth

in section 2000a-3(a) of this title are the

remedies and procedures this subchapter provides to any person who is being

subjected to discrimination on the basis

of disability in violation of this subchapter or who has reasonable grounds for

believing that such person is about to be

subjected to discrimination in violation of

section 12183 of this title. Nothing in

this section shall require a person with a

disability to engage in a futile gesture if

such person has actual notice that a

person or organization covered by this

subchapter does not intend to comply

with its provisions.

(2) Injunctive relief

In the case of violations of sections

12182(b)(2)(A)(iv) and section 1

12183(a) of this title, injunctive relief

shall include an order to alter facilities to

make such facilities readily accessible

to and usable by individuals with disabilities to the extent required by this

subchapter. Where appropriate, injunctive relief shall also include requiring the

provision of an auxiliary aid or service,

modification of a policy, or provision of

alternative methods, to the extent

required by this subchapter.

(b) Enforcement by Attorney General

(1) Denial of rights

(A) Duty to investigate

(i) In general

The Attorney General shall investigate alleged violations of this subchapter, and shall undertake periodic

reviews of compliance of covered

entities under this subchapter.

(ii) Attorney General certification

On the application of a State or local

government, the Attorney General

may, in consultation with the Architectural and Transportation Barriers

Compliance Board, and after prior

notice and a public hearing at which

persons, including individuals with

disabilities, are provided an opportunity to testify against such certification, certify that a State law or local

building code or similar ordinance

that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter

for the accessibility and usability of

covered facilities under this subchapter. At any enforcement proceeding

under this section, such certification

by the Attorney General shall be

rebuttable evidence that such State

law or local ordinance does meet or

exceed the minimum requirements of

this chapter.

(B) Potential violation

If the Attorney General has reasonable cause to believe that -
766 Forest Service Business Administration

(i) any person or group of persons is

engaged in a pattern or practice of

discrimination under this subchapter;

or

(ii) any person or group of persons

has been discriminated against under

this subchapter and such discrimination raises an issue of general public

importance, the Attorney General

may commence a civil action in any

appropriate United States district

court.

(2) Authority of court

In a civil action under paragraph (1)(B),

the court -

(A) may grant any equitable relief that

such court considers to be appropriate,

including, to the extent required by this

subchapter -

(i) granting temporary, preliminary, or

permanent relief;

(ii) providing an auxiliary aid or

service, modification of policy,

practice, or procedure, or alternative

method; and

(iii) making facilities readily accessible to and usable by individuals

with disabilities;

(B) may award such other relief as

the court considers to be appropriate,

including monetary damages to

persons aggrieved when requested by

the Attorney General; and

(C) may, to vindicate the public

interest, assess a civil penalty against

the entity in an amount -

(i) not exceeding $50,000 for a first

violation; and

(ii) not exceeding $100,000 for any

subsequent violation.

(3) Single violation

For purposes of paragraph (2)(C), in

determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or

settlement, that the covered entity has

engaged in more than one discriminatory act shall be counted as a single

violation.

(4) Punitive damages

For purposes of subsection (b)(2)(B) of

this section, the term “monetary damages” and “such other relief” does not

include punitive damages.

(5) Judicial consideration

In a civil action under paragraph (1)(B),

the court, when considering what

amount of civil penalty, if any, is appropriate, shall give consideration to any

good faith effort or attempt to comply

with this chapter by the entity. In

evaluating good faith, the court shall

consider, among other factors it deems

relevant, whether the entity could have

reasonably anticipated the need for an

appropriate type of auxiliary aid needed

to accommodate the unique needs of a

particular individual with a disability. (42

U.S.C. 12188)

1

 So in original. The word “section”

probably should not appear.

Examinations and courses

Sec. 309 Any person that offers exami-
Forest Service Business Administration 767

nations or courses related to applications,

licensing, certification, or credentialing for

secondary or postsecondary education,

professional, or trade purposes shall offer

such examinations or courses in a place

and manner accessible to persons with

disabilities or offer alternative accessible

arrangements for such individuals. (42

U.S.C. 12189)

Effective date

Sec. 310 (a) General Rule.

Except as provided in subsections (b) and

(c), this title (enacting this subchapter)

shall become effective 18 months after

the date of the enactment of this Act

(July 26, 1990). (42 U.S.C. 12181 note)

TITLE IV—Telecommunications

Telecommunications services for

hearing-impaired and speechimpaired individuals

Sec. 401(a) (a) Definitions

As used in this section –

(1) Common carrier or carrier

The term “common carrier” or “carrier”

includes any common carrier engaged in

interstate communication by wire or

radio as defined in section 153 of this

title and any common carrier engaged in

intrastate communication by wire or

radio, notwithstanding sections 152(b)

and 221(b) of this title.

(2) TDD

The term “TDD” means a Telecommunications Device for the Deaf, which is

a machine that employs graphic communication in the transmission of coded

signals through a wire or radio communication system.

(3) Telecommunications relay services

The term “telecommunications relay

services” means telephone transmission

services that provide the ability for an

individual who has a hearing impairment

or speech impairment to engage in

communication by wire or radio with a

hearing individual in a manner that is

functionally equivalent to the ability of

an individual who does not have a

hearing impairment or speech impairment to communicate using voice

communication services by wire or

radio. Such term includes services that

enable two-way communication between an individual who uses a TDD or

other nonvoice terminal device and an

individual who does not use such a

device.

(b) Availability of telecommunications

relay services

(1) In general

In order to carry out the purposes

established under section 151 of this

title, to make available to all individuals

in the United States a rapid, efficient

nationwide communication service, and

to increase the utility of the telephone

system of the Nation, the Commission

shall ensure that interstate and intrastate

telecommunications relay services are

available, to the extent possible and in

the most efficient manner, to hearingimpaired and speech-impaired individuals in the United States.
768 Forest Service Business Administration

(2) Use of general authority and remedies

For the purposes of administering and

enforcing the provisions of this section

and the regulations prescribed thereunder, the Commission shall have the

same authority, power, and functions

with respect to common carriers

engaged in intrastate communication as

the Commission has in administering

and enforcing the provisions of this

subchapter with respect to any common

carrier engaged in interstate communication. Any violation of this section by

any common carrier engaged in intrastate communication shall be subject to

the same remedies, penalties, and

procedures as are applicable to a

violation of this chapter by a common

carrier engaged in interstate communication.

(c) Provision of services

Each common carrier providing telephone

voice transmission services shall, not later

than 3 years after July 26, 1990, provide

in compliance with the regulations prescribed under this section, throughout the

area in which it offers service, telecommunications relay services, individually,

through designees, through a competitively selected vendor, or in concert with

other carriers. A common carrier shall be

considered to be in compliance with such

regulations –

(1) with respect to intrastate telecommunications relay services in any State

that does not have a certified program

under subsection (f) of this section and

with respect to interstate telecommunications relay services, if such common

carrier (or other entity through which

the carrier is providing such relay

services) is in compliance with the

Commission’s regulations under subsection (d) of this section; or

(2) with respect to intrastate telecommunications relay services in any State

that has a certified program under

subsection (f) of this section for such

State, if such common carrier (or other

entity through which the carrier is

providing such relay services) is in

compliance with the program certified

under subsection (f) of this section for

such State.

(d) Regulations

(1) In general

The Commission shall, not later than 1

year after July 26, 1990, prescribe

regulations to implement this section,

including regulations that -

(A) establish functional requirements,

guidelines, and operations procedures

for telecommunications relay services;

(B) establish minimum standards that

shall be met in carrying out subsection

(c) of this section;

(C) require that telecommunications

relay services operate every day for

24 hours per day;

(D) require that users of telecommunications relay services pay rates no

greater than the rates paid for functionally equivalent voice communication services with respect to such

factors as the duration of the call, the
Forest Service Business Administration 769

time of day, and the distance from

point of origination to point of termination;

(E) prohibit relay operators from

failing to fulfill the obligations of

common carriers by refusing calls or

limiting the length of calls that use

telecommunications relay services;

(F) prohibit relay operators from

disclosing the content of any relayed

conversation and from keeping

records of the content of any such

conversation beyond the duration of

the call; and

(G) prohibit relay operators from

intentionally altering a relayed conversation.

(2) Technology

The Commission shall ensure that

regulations prescribed to implement this

section encourage, consistent with

section 157(a) of this title, the use of

existing technology and do not discourage or impair the development of

improved technology.

(3) Jurisdictional separation of costs

(A) In general

Consistent with the provisions of

section 410 of this title, the Commission shall prescribe regulations governing the jurisdictional separation of

costs for the services provided pursuant to this section.

(B) Recovering costs

Such regulations shall generally

provide that costs caused by interstate

telecommunications relay services

shall be recovered from all subscribers

for every interstate service and costs

caused by intrastate telecommunications relay services shall be recovered

from the intrastate jurisdiction. In a

State that has a certified program

under subsection (f) of this section, a

State commission shall permit a

common carrier to recover the costs

incurred in providing intrastate telecommunications relay services by a

method consistent with the requirements of this section.

(e) Enforcement

(1) In general

Subject to subsections (f) and (g) of this

section, the Commission shall enforce

this section.

(2) Complaint

The Commission shall resolve, by final

order, a complaint alleging a violation of

this section within 180 days after the

date such complaint is filed.

(f) Certification

(1) State documentation

Any State desiring to establish a State

program under this section shall submit

documentation to the Commission that

describes the program of such State for

implementing intrastate telecommunications relay services and the procedures

and remedies available for enforcing

any requirements imposed by the State

program.

(2) Requirements for certification

After review of such documentation,

the Commission shall certify the State
770 Forest Service Business Administration

program if the Commission determines

that -

(A) the program makes available to

hearing-impaired and speech-impaired

individuals, either directly, through

designees, through a competitively

selected vendor, or through regulation

of intrastate common carriers, intrastate telecommunications relay services

in such State in a manner that meets

or exceeds the requirements of

regulations prescribed by the Commission under subsection (d) of this

section; and

(B) the program makes available

adequate procedures and remedies for

enforcing the requirements of the

State program.

(3) Method of funding

Except as provided in subsection (d) of

this section, the Commission shall not

refuse to certify a State program based

solely on the method such State will

implement for funding intrastate telecommunication relay services.

(4) Suspension or revocation of certification

The Commission may suspend or

revoke such certification if, after notice

and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a State

whose program has been suspended or

revoked, the Commission shall take

such steps as may be necessary,

consistent with this section, to ensure

continuity of telecommunications relay

services.

(g) Complaint

(1) Referral of complaint

If a complaint to the Commission

alleges a violation of this section with

respect to intrastate telecommunications

relay services within a State and

certification of the program of such

State under subsection (f) of this section

is in effect, the Commission shall refer

such complaint to such State.

(2) Jurisdiction of Commission

After referring a complaint to a State

under paragraph (1), the Commission

shall exercise jurisdiction over such

complaint only if -

(A) final action under such State

program has not been taken on such

complaint by such State -

(i) within 180 days after the complaint is filed with such State; or

(ii) within a shorter period as prescribed by the regulations of such

State; or

(B) the Commission determines that

such State program is no longer

qualified for certification under

subsection (f) of this section. (47

U.S.C. 225)

Application of chapter

Sec. 401(b)(1) (a) The provisions of this

chapter shall apply to all interstate and

foreign communication by wire or radio

and all interstate and foreign transmission

of energy by radio, which originates and/

or is received within the United States,

and to all persons engaged within the
Forest Service Business Administration 771

United States in such communication or

such transmission of energy by radio, and

to the licensing and regulating of all radio

stations as hereinafter provided; but it

shall not apply to persons engaged in wire

or radio communication or transmission in

the Canal Zone, or to wire or radio

communication or transmission wholly

within the Canal Zone. The provisions of

this chapter shall apply with respect to

cable service, to all persons engaged

within the United States in providing such

service, and to the facilities of cable

operators which relate to such service, as

provided in subchapter V-A.

(b) Except as provided in sections 223

through 227 of this title, inclusive, and

section 332 of this title, and subject to the

provisions of section 301 of this title and

subchapter V-A of this chapter, nothing in

this chapter shall be construed to apply or

to give the Commission jurisdiction with

respect to (1) charges, classifications,

practices, services, facilities, or regulations for or in connection with intrastate

communication service by wire or radio

of any carrier, or (2) any carrier engaged

in interstate or foreign communication

solely through physical connection with

the facilities of another carrier not directly

or indirectly controlling or controlled by, or

under direct or indirect common control

with such carrier, or (3) any carrier

engaged in interstate or foreign communication solely through connection by radio,

or by wire and radio, with facilities,

located in an adjoining State or in Canada

or Mexico (where they adjoin the State in

which the carrier is doing business), of

another carrier not directly or indirectly

controlling or controlled by, or under

direct or indirect common control with

such carrier, or (4) any carrier to which

clause (2) or clause (3) of this subsection

would be applicable except for furnishing

interstate mobile radio communication

service or radio communication service to

mobile stations on land vehicles in Canada

or Mexico; except that sections 201 to

205 of this title shall, except as otherwise

provided therein, apply to carriers described in clauses (2), (3), and (4) of this

subsection. (47 U.S.C. 152)

Consolidations and mergers of

telephone companies

Sec. 401(b)(2) (a) Repealed

(b) State jurisdiction over services

Subject to the provisions of sections 225

and 301 of this title, nothing in this chapter

shall be construed to apply, or to give the

Commission jurisdiction, with respect to

charges, classifications, practices, services, facilities, or regulations for or in

connection with wire, mobile, or point-topoint radio telephone exchange service, or

any combination thereof, even though a

portion of such exchange service constitutes interstate or foreign communication,

in any case where such matters are

subject to regulation by a State commission or by local governmental authority.

(c) Determination of property used in

interstate toll service

For the purpose of administering this

chapter as to carriers engaged in wire

telephone communication, the Commission may classify the property of any

such carrier used for wire telephone
772 Forest Service Business Administration

communication, and determine what

property of said carrier shall be considered as used in interstate or foreign

telephone toll service. Such classification

shall be made after hearing, upon notice

to the carrier, the State commission (or

the Governor, if the State has no State

commission) of any State in which the

property of said carrier is located, and

such other persons as the Commission

may prescribe.

(d) Valuation of property

In making a valuation of the property of

any wire telephone carrier the Commission, after making the classification

authorized in this section, may in its

discretion value only that part of the

property of such carrier determined to be

used in interstate or foreign telephone toll

service. (47 U.S.C. 221)

Closed-captioning of public service

announcements

Sec. 402 Any television public service

announcement that is produced or funded

in whole or in part by any agency or

instrumentality of Federal Government

shall include closed captioning of the

verbal content of such announcement. A

television broadcast station licensee –

(1) shall not be required to supply closed

captioning for any such announcement

that fails to include it; and

(2) shall not be liable for broadcasting

any such announcement without transmitting a closed caption unless the

licensee intentionally fails to transmit the

closed caption that was included with

the announcement. (47 U.S.C. 611)

TITLE V—Miscellaneous provisions

Construction

Sec. 501 (a) In general

Except as otherwise provided in this

chapter, nothing in this chapter shall be

construed to apply a lesser standard than

the standards applied under title V of the

Rehabilitation Act of 1973 (29 U.S.C. 790

et seq.) or the regulations issued by

Federal agencies pursuant to such title.

(b) Relationship to other laws

Nothing in this chapter shall be construed

to invalidate or limit the remedies, rights,

and procedures of any Federal law or law

of any State or political subdivision of any

State or jurisdiction that provides greater

or equal protection for the rights of

individuals with disabilities than are

afforded by this chapter. Nothing in this

chapter shall be construed to preclude the

prohibition of, or the imposition of restrictions on, smoking in places of employment

covered by subchapter I of this chapter, in

transportation covered by subchapter II

or III of this chapter, or in places of public

accommodation covered by subchapter

III of this chapter.

(c) Insurance

Subchapters I through III of this chapter

and title IV of this Act shall not be

construed to prohibit or restrict -

(1) an insurer, hospital or medical

service company, health maintenance

organization, or any agent, or entity that

administers benefit plans, or similar

organizations from underwriting risks,

classifying risks, or administering such
Forest Service Business Administration 773

risks that are based on or not inconsistent with State law; or

(2) a person or organization covered by

this chapter from establishing, sponsoring, observing or administering the terms

of a bona fide benefit plan that are

based on underwriting risks, classifying

risks, or administering such risks that

are based on or not inconsistent with

State law; or

(3) a person or organization covered by

this chapter from establishing, sponsoring, observing or administering the terms

of a bona fide benefit plan that is not

subject to State laws that regulate

insurance. Paragraphs (1), (2), and (3)

shall not be used as a subterfuge to

evade the purposes of subchapter 7

 I

and III of this chapter.

(d) Accommodations and services

Nothing in this chapter shall be construed

to require an individual with a disability to

accept an accommodation, aid, service,

opportunity, or benefit which such individual chooses not to accept. (42 U.S.C.

12201)

7

 So in original. Probably should be

“subchapters”.

State immunity

Sec. 502 A State shall not be immune

under the eleventh amendment to the

Constitution of the United States from an

action in 8 Federal or State court of

competent jurisdiction for a violation of

this chapter. In any action against a State

for a violation of the requirements of this

chapter, remedies (including remedies

both at law and in equity) are available

for such a violation to the same extent as

such remedies are available for such a

violation in an action against any public or

private entity other than a State. (42

U.S.C. 12202)

8

 So in original. Probably should be

“subchapters”.

Prohibition against retaliation and

coercion

Sec. 503 (a) Retaliation

No person shall discriminate against any

individual because such individual has

opposed any act or practice made unlawful by this chapter or because such

individual made a charge, testified,

assisted, or participated in any manner in

an investigation, proceeding, or hearing

under this chapter.

(b) Interference, coercion, or intimidation

It shall be unlawful to coerce, intimidate,

threaten, or interfere with any individual

in the exercise or enjoyment of, or on

account of his or her having exercised or

enjoyed, or on account of his or her

having aided or encouraged any other

individual in the exercise or enjoyment of,

any right granted or protected by this

chapter.

(c) Remedies and procedures

The remedies and procedures available

under sections 12117, 12133, and 12188

of this title shall be available to aggrieved

persons for violations of subsections (a)

and (b) of this section, with respect to

subchapter I, subchapter II and subchapter III of this chapter, respectively. (42
774 Forest Service Business Administration

U.S.C. 12203)

Regulations by Architectural and

Transportation Barriers Compliance

Board

Sec. 504 (a) Issuance of guidelines

Not later than 9 months after July 26,

1990, the Architectural and Transportation

Barriers Compliance Board shall issue

minimum guidelines that shall supplement

the existing Minimum Guidelines and

Requirements for Accessible Design for

purposes of subchapters II and III of this

chapter.

*** (42 U.S.C. 12204)

Attorney’s fees

Sec. 505 In any action or administrative

proceeding commenced pursuant to this

chapter, the court or agency, in its discretion, may allow the prevailing party, other

than the United States, a reasonable

attorney’s fee, including litigation expenses, and costs, and the United States

shall be liable for the foregoing the same

as a private individual. (42 U.S.C. 12205)

Technical assistance

Sec. 506 (a) Plan for assistance

(1) In general

Not later than 180 days after July 26,

1990, the Attorney General, in consultation with the Chair of the Equal Employment Opportunity Commission, the

Secretary of Transportation, the Chair

of the Architectural and Transportation

Barriers Compliance Board, and the

Chairman of the Federal Communications Commission, shall develop a plan

to assist entities covered under this

chapter, and other Federal agencies, in

understanding the responsibility of such

entities and agencies under this chapter.

(2) Publication of plan

The Attorney General shall publish the

plan referred to in paragraph (1) for

public comment in accordance with

subchapter II of chapter 5 of title 5

(commonly known as the Administrative

Procedure Act).

(b) Agency and public assistance

The Attorney General may obtain the

assistance of other Federal agencies in

carrying out subsection (a) of this section,

including the National Council on Disability, the President’s Committee on Employment of People with Disabilities, the Small

Business Administration, and the Department of Commerce.

(c) Implementation

(1) Rendering assistance

Each Federal agency that has responsibility under paragraph (2) for implementing this chapter may render

technical assistance to individuals and

institutions that have rights or duties

under the respective subchapter or

subchapters of this chapter for which

such agency has responsibility.

(2) Implementation of subchapters

(A) Subchapter I

The Equal Employment Opportunity

Commission and the Attorney General

shall implement the plan for assistance

developed under subsection (a) of this
Forest Service Business Administration 775

section, for subchapter I of this

chapter.

(B) Subchapter II

(i) Part A

The Attorney General shall implement such plan for assistance for

part A of subchapter II of this

chapter.

(ii) Part B

The Secretary of Transportation

shall implement such plan for

assistance for part B of subchapter

II of this chapter.

(C) Subchapter III

The Attorney General, in coordination

with the Secretary of Transportation

and the Chair of the Architectural

Transportation Barriers Compliance

Board, shall implement such plan for

assistance for subchapter III of this

chapter, except for section 12184 of

this title, the plan for assistance for

which shall be implemented by the

Secretary of Transportation.

(D) Title IV

The Chairman of the Federal Communications Commission, in coordination

with the Attorney General, shall

implement such plan for assistance for

title IV.

(3) Technical assistance manuals

Each Federal agency that has responsibility under paragraph (2) for implementing this chapter shall, as part of its

implementation responsibilities, ensure

the availability and provision of appropriate technical assistance manuals to

individuals or entities with rights or

duties under this chapter no later than

six months after applicable final regulations are published under subchapters I,

II, and III of this chapter and title IV.

(d) Grants and contracts

(1) In general

Each Federal agency that has responsibility under subsection (c)(2) of this

section for implementing this chapter

may make grants or award contracts to

effectuate the purposes of this section,

subject to the availability of appropriations. Such grants and contracts may be

awarded to individuals, institutions not

organized for profit and no part of the

net earnings of which inures to the

benefit of any private shareholder or

individual (including educational institutions), and associations representing

individuals who have rights or duties

under this chapter. Contracts may be

awarded to entities organized for profit,

but such entities may not be the recipients or 9

 grants described in this paragraph.

(2) Dissemination of information

Such grants and contracts, among other

uses, may be designed to ensure wide

dissemination of information about the

rights and duties established by this

chapter and to provide information and

technical assistance about techniques

for effective compliance with this

chapter.

(e) Failure to receive assistance

An employer, public accommodation, or
776 Forest Service Business Administration

other entity covered under this chapter

shall not be excused from compliance

with the requirements of this chapter

because of any failure to receive technical assistance under this section, including

any failure in the development or dissemination of any technical assistance manual

authorized by this section. (42 U.S.C.

12206)

9

 So in original. Probably should be “of”.

Federal wilderness areas

Sec. 507 (a) Study

The National Council on Disability shall

conduct a study and report on the effect

that wilderness designations and wilderness land management practices have on

the ability of individuals with disabilities to

use and enjoy the National Wilderness

Preservation System as established under

the Wilderness Act (16 U.S.C. 1131 et

seq.).

(b) Submission of report

Not later than 1 year after July 26, 1990,

the National Council on Disability shall

submit the report required under subsection (a) of this section to Congress.

(c) Specific wilderness access

(1) In general

Congress reaffirms that nothing in the

Wilderness Act (16 U.S.C. 1131 et seq.)

is to be construed as prohibiting the use

of a wheelchair in a wilderness area by

an individual whose disability requires

use of a wheelchair, and consistent with

the Wilderness Act no agency is required to provide any form of special

treatment or accommodation, or to

construct any facilities or modify any

conditions of lands within a wilderness

area in order to facilitate such use.

(2) “Wheelchair” defined

For purposes of paragraph (1), the term

“wheelchair” means a device designed

solely for use by a mobility-impaired

person for locomotion, that is suitable

for use in an indoor pedestrian area. (42

U.S.C. 12207)

Transvestites

Sec. 508 For the purposes of this chapter, the term “disabled” or “disability”

shall not apply to an individual solely

because that individual is a transvestite.

(42 U.S.C. 12208)

Instrumentalities of Congress

Sec. 509 The General Accounting

Office, the Government Printing Office,

and the Library of Congress shall be

covered as follows:

(1) In general

The rights and protections under this

chapter shall, subject to paragraph (2),

apply with respect to the conduct of

each instrumentality of the Congress.

(2) Establishment of remedies and

procedures by instrumentalities

The chief official of each instrumentality of the Congress shall establish

remedies and procedures to be utilized

with respect to the rights and protections provided pursuant to paragraph

(1).
Forest Service Business Administration 777

(3) Report to Congress

The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for

purposes of paragraph (2), submit to the

Congress a report describing the

remedies and procedures.

(4) Definition of instrumentalities

For purposes of this section, the term

“instrumentality of the Congress”

means the following:, 10 the General

Accounting Office, the Government

Printing Office, and the Library of

Congress,. 10

(5) Enforcement of employment rights

The remedies and procedures set forth

in section 2000e-16 of this title shall be

available to any employee of an instrumentality of the Congress who alleges a

violation of the rights and protections

under sections 12112 through 12114 of

this title that are made applicable by this

section, except that the authorities of

the Equal Employment Opportunity

Commission shall be exercised by the

chief official of the instrumentality of

the Congress.

(6) Enforcement of rights to public

services and accommodations

The remedies and procedures set forth

in section 2000e-16 of this title shall be

available to any qualified person with a

disability who is a visitor, guest, or

patron of an instrumentality of Congress

and who alleges a violation of the rights

and protections under sections 12131

through 12150 of this title or section

12182 or 12183 of this title that are

made applicable by this section, except

that the authorities of the Equal Employment Opportunity Commission shall be

exercised by the chief official of the

instrumentality of the Congress.

(7) Construction

Nothing in this section shall alter the

enforcement procedures for individuals

with disabilities provided in the General

Accounting Office Personnel Act of

1980 and regulations promulgated

pursuant to that Act. (42 U.S.C. 12209)

10 So in original. The comma probably

should not appear.

Illegal use of drugs

Sec. 510 (a) In general

For purposes of this chapter, the term

“individual with a disability” does not

include an individual who is currently

engaging in the illegal use of drugs, when

the covered entity acts on the basis of

such use.

(b) Rules of construction

Nothing in subsection (a) of this section

shall be construed to exclude as an

individual with a disability an individual

who –

(1) has successfully completed a

supervised drug rehabilitation program

and is no longer engaging in the illegal

use of drugs, or has otherwise been

rehabilitated successfully and is no

longer engaging in such use;

(2) is participating in a supervised

rehabilitation program and is no longer

engaging in such use; or
778 Forest Service Business Administration

(3) is erroneously regarded as engaging

in such use, but is not engaging in such

use; except that it shall not be a violation of this chapter for a covered entity

to adopt or administer reasonable

policies or procedures, including but not

limited to drug testing, designed to

ensure that an individual described in

paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however,

nothing in this section shall be construed

to encourage, prohibit, restrict, or

authorize the conducting of testing for

the illegal use of drugs.

(c) Health and other services

Notwithstanding subsection (a) of this

section and section 12211(b)(3) of this

title, an individual shall not be denied

health services, or services provided in

connection with drug rehabilitation, on the

basis of the current illegal use of drugs if

the individual is otherwise entitled to such

services.

(d) “Illegal use of drugs” defined

(1) In general

The term “illegal use of drugs” means

the use of drugs, the possession or

distribution of which is unlawful under

the Controlled Substances Act (21

U.S.C. 801 et seq.). Such term does not

include the use of a drug taken under

supervision by a licensed health care

professional, or other uses authorized by

the Controlled Substances Act or other

provisions of Federal law.

(2) Drugs

The term “drug” means a controlled

substance, as defined in schedules I

through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).

(42 U.S.C. 12210)

Definitions

Sec. 511 (a) Homosexuality and bisexuality

For purposes of the definition of “disability” in section 12102(2) of this title,

homosexuality and bisexuality are not

impairments and as such are not disabilities under this chapter.

(b) Certain conditions

Under this chapter, the term “disability”

shall not include –

(1) transvestism, transsexualism,

pedophilia, exhibitionism, voyeurism,

gender identity disorders not resulting

from physical impairments, or other

sexual behavior disorders;

(2) compulsive gambling, kleptomania,

or pyromania; or

(3) psychoactive substance use disorders resulting from current illegal use of

drugs. (42 U.S.C. 12211)

Allotment percentage

Sec. 512 (a)(1) For purposes of section

730 of this title, the allotment percentage

for any State shall be 100 per centum less

that percentage which bears the same

ratio to 50 per centum as the per capita

income of such State bears to the per

capita income of the United States,

except that -

(A) the allotment percentage shall in

no case be more than 75 per centum
Forest Service Business Administration 779

or less than 33 1/3 per centum; and

(B) the allotment percentage for the

District of Columbia, Puerto Rico,

Guam, the Virgin Islands, American

Samoa, and the Commonwealth of the

Northern Mariana Islands shall be 75

per centum.

(2) The allotment percentages shall be

promulgated by the Secretary between

October 1 and December 31 of each

even-numbered year, on the basis of the

average of the per capita incomes of

the States and of the United States for

the three most recent consecutive years

for which satisfactory data are available

from the Department of Commerce.

Such promulgation shall be conclusive

for each of the 2 fiscal years in the

period beginning on the October 1 next

succeeding such promulgation.

(3) The term “United States” means

(but only for purposes of this subsection) the 50 States and the District of

Columbia.

(b) The population of the several States

and of the United States shall be determined on the basis of the most recent

data available, to be furnished by the

Department of Commerce by October 1

of the year preceding the fiscal year for

which funds are appropriated pursuant to

statutory authorizations. (29 U.S.C. 706)

Alternative means of dispute

resolution

Sec. 513 Where appropriate and to the

extent authorized by law, the use of

alternative means of dispute resolution,

including settlement negotiations, conciliation, facilitation, mediation, factfinding,

minitrials, and arbitration, is encouraged to

resolve disputes arising under this chapter. (42 U.S.C. 12212)

Severability

Sec. 514 Should any provision in this

chapter be found to be unconstitutional by

a court of law, such provision shall be

severed from the remainder of the

chapter, and such action shall not affect

the enforceability of the remaining

provisions of the chapter. (42 U.S.C.

12213)
780
Appendix A 781

THE ORIGINS OF NATIONAL FORESTS

National Forests established under the Weeks Act are in bold typeface. Those

National Forests established as reserves from the public domain are in normal type.

Alabama R-8AL

Allegheny R-8 PA

Angeles R-5 CA

Angelina R-8 TX

Apache R-3 AZ, NM

Apalachicola R-8 FL

Arapaho R-2 CO

Ashley R-4 UT, WY

Beaverhead R-1 MT

Bienville R-8 MS

Bighorn R-2 WY

Bitterroot R-1 ID, MT

Black Hills R-2 SD, WY

Boise R-4 ID

Bridger R-4 WY

Cache R-4 ID, UT

Caribbean R-8 PR

Caribou R-4 ID, Ut, WY

Carson R-3 NM

Challis R-3 ID

(Oconee-) Chattahoochee R-8 GA

Chequamegon R-9 WI

Cherokee R-8 NC, TN

Choctawhatchee R-8 FL

Chugach R-10 AK

Chippewa R-9 MN

Cibola R-3 NM

Clark, see Mark Twain

Clearwater R-1 ID

Cleveland R-5 CA

Coconino R-3 AZ

Coeur D’alene R-1 ID

Colville R-6 WA

Conecuh R-8 AL

Coronado R-3 AZ, NM

Croatan R-8 NC

Custer R-1 MT, SD

Daniel Boone R-8 KY

Davy Crockett R-8 TX

De Soto R-8 MS

Deerlodge R-1 MT

Delta R-8 MS

Deschutes R-6 OR

Dixie R-3 UT

Eldorado R-5 CA, NV

Finger Lakes R-9 NY

Fishlake R-4 UT

Flathead R-1 MT

Francis Marion R-8 SC

Fremont R-6 OR

Gallatin R-1 MT

George Washington R-8 VA, WV

Gifford Pinchot R-6 WA

Gila R-3 NM

Grand Mesa R-2 CO

Green Mountain R-9 VT

Gunnison R-2 CO

Helena R-1 MT

Hiawatha R-9 MI

Holly Springs R-8 MS

Homochitto R-8 MS

Hoosier R-9 IN

Humboldt (-Toiyabe) R-4 NV

Huron R-9 MI

Inyo R-5 CA, NV

Jefferson R-8 KY, VA, WV

Kaibab R-3 AZ

Kaniksu R-1 ID, MT, WA

Kisatchie R-8 LA

Klamath R-5 CA, OR

Kootenai R-1 ID, MT

Lassen R-5 CA

Lewis & Clark R-1, MT

Lincoln R-3 NM

Lolo R-1 MT

Los Padres R-5 CA
782 Appendix A

Luquillo, see Caribbean

Malheur R-6 OR

Manistee R-9 MI

Manti-LaSal R-4 CO, UT

Mark Twain R-9 MO

Medicine Bow R-2 WY

Mendocino R-5 CA

Minnesota, see Chippewa

Modoc R-5 CA

Monongahela R-9 WV

Mt. Baker R-6 WA

Mt. Hood R-6 OR

Nantahala R-8 NC

Nebraska R-2 NE

Nez Perce R-1 ID

Nicolet R-9 WI

Ocala R-8 FL

Ochoco R-6 OR

Oconee (-Chattahoochee) R-8 GA

Okanogan R-6 WA

Olympic R-6 WA

Osceola R-8 FL

Ottawa R-9 MI

Ouachita R-8 AR, OK

(Ozark-) St. Francis R-8 AR

Payette R-4 ID

Pike R-2 CO

Pisgah R-8 NC

Plumas R-5 CA

Prescott R-3 AZ

Rio Grande R-2 CO

Rogue River R-6 CA, OR

Roosevelt R-2 CO

Routt R-2 WY

Sabine R-8 TX

Salmon R-4 ID

Sam Houston R-8 TX

Samuel R. McKelvie R-2 NE

San Bernardino R-5 CA

San Isabel R-2 CO

San Juan R-2 CO

Santa Fe R-3 NM

Sawtooth R-4 ID, UT

Sequoia R-5 CA

Shasta R-5 CA

Shawnee R-9 IL

Shoshone R-2 WY

Sierra R-5 CA

Siskiyou R-6 CA, OR

Sitgreaves R-3 AZ

Siuslaw R-6 OR

Six River R-5 CA

Snoqualmie R-6 WA

(Ozark-) St. Francis R-8 AR

St. Joe R-1 ID

Stanislaus R-5 CA

Sumter R-8 SC

Superior R-9 MN

Tahoe R-5 CA

Talladega R-8 AL

Targhee R-4 ID, WY

Teton R-4 WY

Tombigbee R-8 MS

Tongass R-10 AK

Tonto R-3 AZ

(Humboldt-) Toiyabe R-4 CA, NV

Trinity R-5 CA

Tuskegee R-8 AL

Uinta R-4 UT

Umatilla R-6 OR, WA

Umpqua R-6 OR

Unaka, transfered to multiple forests

Uncompahgre R-2 CO

Uwharrie R-8 NC

Wallowa R-6 ID, OR

Wasatch R-4 UT, WY

Wayne R-8 OH

Wenatchee R-6 WA

White Mountain R-8 ME, NH

White River R-2 CO

Whitman R-6 OR

Willamette R-6 OR

William B. Bankhead R-8 AL

Winema R-6 OR
Appendix B 783

National Grasslands

Figures in the table are derived from the Forest Service publication, Land Areas of the

National Forest System, January 1997.

National Grassland Acreage State(s)

Black Kettle 31,286 OK, TX

Buffalo Gap 597,178 SD

Butte Valley 18,425 CA

Caddo 17,873 TX

Cedar River 6,717 ND

Cimarron 108,175 KS

Comanche 435,359 CO

Crooked River 111,348 OR

Curlew 47,756 ID

Fort Pierre 115,997 SD

Grand River 154,981 SD

Kiowa 136,417 NM

Little Missouri 1,028,045 ND

Lyndon B. Johnson 20,309 TX

McClellan Creek 1,449 TX

Oglala 94,480 NE

Pawnee 93,060 CO

Rita Blanca 92,989 OK, TX

Sheyenne 70,268 ND

Thunder Basin 560,166 WY
784 Appendix C

Chronological Order of Laws

Contained in this Guide

Right of Eminent Domain ........................................................................................ 450

August 1, 1888 Ch. 782 25 Stat. 91

Organic Administration Act ..................................................................................... 1

June 4, 1897 Ch. 2 30 Stat. 11

Transfer Act ........................................................................................................... 4

February 1, 1905 Ch. 288 33 Stat. 628

Preservation of American Antiquities....................................................................... 116

June 8, 1906 Ch. 3060 34 Stat. 225

Disposition of Receipts From National Forest Revenues .......................................... 657

March 4, 1907 Ch. 2907 34 Stat. 1270

Weeks Law ............................................................................................................ 24

March 1, 1911 Ch 186 36 Stat. 961

Roads and Trails (10 Percent) Fund......................................................................... 658

March 4, 1913 Ch. 145 37 Stat. 843

Cooperative Funds .................................................................................................. 659

June 30, 1914 Ch. 131 38 Stat. 430

Occupancy Permits................................................................................................. 237

March 4, 1915 Ch. 144 38 Stat. 1100

Minerals Resources on Weeks Lands...................................................................... 151

March 4, 1917 Ch. 179 39 Stat. 1150

Brush Removal Fund ............................................................................................... 661

August 11, 1916 Ch. 313 39 Stat. 462

Migratory Bird Treaty Act ....................................................................................... 338

July 3, 1918 Ch. 128 40 Stat. 755

Mineral Leasing Act ................................................................................................ 152

February 25, 1920 Ch. 25 41 Stat. 437

General Exchange Act ............................................................................................ 31

March 20, 1922 Ch. 105 42 Stat. 465

Clarke-McNary Act ................................................................................................ 648

June 7, 1924 Ch. 348 43 Stat. 654

Facilitate and Simplify Work of Forest Service and to

Promote Reforestation ............................................................................................ 714

March 3, 1925 Ch. 457 43 Stat. 1132

Migratory Bird Conservation Act ............................................................................. 342

February 18, 1929 Ch. 257 45 Stat. 1222
Appendix C 785

Damage to Private Property .................................................................................... 716

May 27, 1930 Ch. 337 46 Stat. 387

Knutson-Vandenburg Act ........................................................................................ 662

June 9, 1930 Ch. 416 46 Stat. 527

Bankhead-Jones Farm Tenant Act .......................................................................... 6

July 22, 1937 Ch. 517 50 Stat. 522

Domestic Water Supply........................................................................................... 410

May 28, 1940 Ch. 220 54 Stat. 224

Bald and Golden Eagle Protection Act ..................................................................... 347

June 8, 1940 Ch. 278 54 Stat. 250

Sustained-Yield Forest Management Act ................................................................. 302

March 29, 1944 Ch. 146 58 Stat. 132

Department of Agriculture Organic Act of 1944 ...................................................... 717

September 21, 1944 Ch. 412 58 Stat. 736

Department of Agriculture Organic Act of 1944, Uses of Appropriated Funds ......... 721

September 21, 1944 Ch. 412 58 Stat. 741

Federal Insecticide Fungicide And Rodenticide Act.................................................. 588

June 25, 1947 Ch. 125 61 Stat. 163

Minerals Act of 1947 ............................................................................................... 213

July 31, 1947 Ch. 406 61 Stat. 681

Federal Water Pollution Control Act ........................................................................ 609

June 30, 1948 Ch. 758 62 Stat. 1155

Ganger-Thye Act .................................................................................................... 497

April 24, 1950 Ch. 97 64 Stat. 82

Smokey Bear Act.................................................................................................... 651

May 23, 1952 Ch. 327 66 Stat. 92

Watershed Protection and Flood Prevention............................................................. 411

August 4, 1954 Ch. 656 68 Stat. 666

Permits for Public Buildings and Other Public Works ............................................... 713

September 3, 1954 Ch. 1255 68 Stat. 1146

Clean Air Act .......................................................................................................... 623

July 14, 1955 Ch. 360 69 Stat. 322

Multiple Use Mining Act of 1955 ............................................................................. 215

July 23, 1955 Ch. 375 69 Stat. 367

Interchange with Department of Defense ................................................................ 29

July 26, 1956 Ch. 736 70 Stat. 656

Census of Agriculture Act of 1997 previously know as the Department of

Agriculture Organic Act of 1956 ............................................................................. 673

August 3, 1956 Ch. 950 70 Stat. 1032
786 Appendix C

Forest Service Omnibus Act of 1958 ....................................................................... 723

June 20, 1958 Pub. L. 85-464 72 Stat. 216

Townsite Act........................................................................................................... 33

July 31, 1958 Pub. L. 85-569 72 Stat. 438

Weeks Act Status of Certain Lands......................................................................... 28

September 2, 1958 Pub. L. 85-862 72 Stat. 1571

Multiple-Use Sustained-Yield Act of 1960................................................................ 51

June 12, 1960 Pub. L. 86-517 74 Stat. 215

Sikes Improvement Act of 1997............................................................................... 351

September 15, 1960 Pub. L. 86-797 74 Stat. 1052

McIntyre-Stennis Act .............................................................................................. 535

October 10, 1962 Pub. L. 87-788 76 Stat. 806

Wilderness Act ........................................................................................................ 329

September 3, 1964 Pub. L. 88-577 78 Stat. 890

Land and Water Conservation Fund ........................................................................ 10

September 3, 1964 Pub. L. 88-578 78 Stat. 897

National Forest Roads and Trails Act ...................................................................... 585

October 13, 1964 Pub. L. 88-657 78 Stat. 1089

Federal Water Project Recreation Act ..................................................................... 421

July 9, 1965 Pub. L. 89-727 79 Stat. 213

National Historic Preservation Act .......................................................................... 117

October 15, 1966 Pub. L. 89–665 80 Stat. 915

Sisk Act .................................................................................................................. 30

December 4, 1967 Pub. L. 90-171 81 Stat. 531

Wild and Scenic Rivers Act ..................................................................................... 238

October 2, 1968 Pub. L. 90-542 82 Stat. 906

National Trails System Act ...................................................................................... 255

October 2, 1968 Pub. L. 90-543 82 Stat. 919

National Environmental Policy Act of 1969 .............................................................. 638

January 1, 1970 Pub. L. 91-190 83 Stat. 852

Youth Conservation Corps and Public Lands Corps ................................................. 506

August 13, 1970 Pub. L. 91-378 84 Stat. 794

National Forest System Federal Enforcement of Local Laws Act ............................ 726

August 10, 1971 Pub. L. 92-82 85 Stat. 303

Volunteers in the National Forests Act of 1972 ........................................................ 510

May 18, 1972 Pub. L. 92-300 86 Stat. 147

Supplemental National Forest Reforestation Fund .................................................... 663

September 18, 1972 Pub. L. 92-421 86 Stat. 678

Federal Advisory Committee Act ............................................................................. 701

October 6, 1972 Pub. L. 92-463 86 Stat. 770
Appendix C 787

Endangered Species Act of 1982 ............................................................................. 360

December 28, 1973 Pub. L. 93-205 87 Stat. 884

Disaster Mitigation Act of 2000 ............................................................................... 674

May 22, 1974 Pub. L. 93-288 88 Stat. 143

Preservation of Historical and Archeological Data ................................................... 127

May 24, 1974 Pub. L. 93-291 74 Stat. 220

Forest Ecosystems and Atmospheric Pollution Research Act of 1988 ...................... 34

October 22, 1976 Pub. L. 93-378 88 Stat. 476

Federal Noxious Weed Act of 1974 ......................................................................... 645

January 3, 1975 Pub. L. 93-629 104 Stat. 3611

Cooperative Funds and Deposits ............................................................................. 664

December 12, 1975 Pub. L. 94-148 89 Stat. 804

National Forest Management Policy Act of 1976 ..................................................... 53

October 22, 1976 Pub. L. 93-588 90 Stat. 2949

National Agricultural Research, Extension, and Teaching

Policy Act Amendments of 1985 ............................................................................. 551

September 29, 1977 Pub. L. 95-113 91 Stat. 913

Department of Agriculture Advisory Committees..................................................... 711

September 29, 1977 Pub. L. 95-113 91 Stat. 913

Soil and Water Resources Conservation Act of 1977 ............................................... 652

November 18, 1977 Pub. L. 95-192 91 Stat. 1407

Renewable Resources Extension Act of 1978.......................................................... 451

June 30, 1978 Pub. L. 95–306 92 Stat. 349

Forest and Rangeland Renewable Resources Research Act of 1978 ...................... 539

June 30, 1978 Pub. L. 95-307 92 Stat. 353

Cooperative Forestry Assistance Act of 1978 .......................................................... 457

July 1, 1978 Pub. L. 95-313 92 Stat. 365

Agricultural Credit Act, Emergency Flood Prevention .............................................. 429

August 4, 1978 Pub. L. 95-334 92 Stat. 433

Public Rangelands Improvement Act of 1978 .......................................................... 223

October 25, 1978 Pub. L. 95-514 92 Stat. 1803

Archaeological Resources Protection Act................................................................ 128

October 21, 1979 Pub. L. 96-95 93 Stat. 721

Reforestation Tax Incentives and Trust Fund ........................................................... 666

October 14, 1980 Pub. L. 96-451 94 Stat. 1989

Alaska National Interest Lands Conservation Act.................................................... 496

December 2, 1980 Pub. L. 96-487 94 Stat. 2488

Forest and Rangeland Renewable Resources Planning Act Statement of Policy

Interior Department and Related Agencies Appropriations for Fiscal year 1981 ....... 57

December 12, 1980 Pub. L. 96-514 96 Stat. 2957
788 Appendix C

Federal Cave Resources Protection Act .................................................................. 275

November 18, 1988 Pub. L. 100-691 102 Stat. 4546

Americans with Disabilities Act of 1990 .................................................................. 727

July 26, 1990 Pub. L. 101-336 104 Stat. 328

Forest Resources Conservation and Shortage Relief Act of 1990, Customs and

Trade Act of 1990 ................................................................................................... 307

August 20, 1990 Pub. L. 101-382 104 Stat. 714

Foreign Operations Appropriations Act of 1990 ........................................................ 558

November 5, 1990 Pub. L. 101-513 104 Stat. 2070

National Forest Foundation Act ............................................................................... 511

November 16, 1990 Pub. L. 101-593 104 Stat. 2969

Native American Graves Protection and Repatriation Act........................................ 138

November 16, 1990 Pub. L. 101-601 104 Stat. 3048

Food, Agriculture, Conservation, and Trade Act of 1990........................................... 430

November 28, 1990 Pub. L. 101-624 104 Stat. 3359

National Indian Forest Resources Management Act ................................................ 60

November 28, 1990 Pub. L. 101-630 104 Stat. 4532

Department of the Interior and Related Agencies Appropriations Act of 1993,

Forest Service Decisionmaking and Appeals Reform ............................................... 79

Oct. 5, 1992 Pub. L. 102-381 106 Stat. 1419

Recreational Fee Demonstration Program, the Department of the Interior and Related

Agencies Appropriations Act 1996 .......................................................................... 282

April 26, 1996 Pub. L. 104–134 110 Stat. 1321– 200

Ski Fees Omnibus Parks and Public Lands Management Act of 1996...................... 286

November 12, 1996 Pub. L. 104-333 110 Stat. 4182

Stewardship End Result Contracting Projects, Department of the Interior and Related

Agencies Appropriations Act 1999 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act 1999 ............................................................................... 81

October 21, 1998 Pub. L. 105–277 115 Stat. 471

Cabin User Fee Fairness Act of 2000 Title VI Department of the Interior and

Related Agencies Appropriations Act 2001 .............................................................. 290

October 11, 2000 Pub. L. 106-291 114 Stat. 1014

Secure Rural Schools and Community Self-Determination Act of 2000 .................... 515

October 30, 2000 Pub. L. 106–393 114 Stat. 1607

Healthy Forests Restoration Act of 2003 ................................................................. 84

December 3, 2003 Pub. L. 108-148
Appendix D 789

Additional Resources

THOMAS

Administered by the Library of Congress, THOMAS has an enormous amount of

information including: (1) past and present legislation; (2) the congressional record; (3)

committee information; (4) explanations of the legislative process; (5) summaries of

congressional activity; and (6) historical documents. Access this data at: http://

thomas.loc.gov/

Committee Reports

Committee reports are issued for each bill that has been approved by the committee

before it goes to the full House or Senate for a vote. The report includes: (1) the

committee’s findings and recommendations; (2) a statement about the new budget

authority or an increase or decrease in revenues or tax expenditures that the bill may

effect; and (3) a cost estimate and comparison prepared by the Congressional Budget

Office. This information can be useful to better understand the thinking behind the

adoption of the bill.

Congressional Record

The Congressional Record is the official record of the proceedings and debates of

the United States Congress. It is published daily when Congress is in session. GPO

Access contains Congressional Record volumes from 1994 to the present. Find this

information at www.gpoaccess.gov/cri/index.html

Code of Federal Regulations

The Code of Federal Regulations (CFR) is the codification of the rules and regualtions

from the executive departments and agencies of the Federal government. It is divided

into 50 titles that represent broad subject areas. Find the CFR at:

www.gpoaccess.gov/cfr/index.html

The Federal Register

The Federal Register is the official daily publication for rules, proposed rules, and

notices of Federal agencies and organizations. It also includes executive orders and

other presidential documents. The Federal Register world wide web address is

www.gpoaccess.gov/fr/index.html
790 Appendix D

Forest Service Manual and Handbook

The Forest Service Manual contains legal authorities, policies and guidance for Forest

Service line officers and staff.

The Forest Service Handbooks provide specialized guidance and instruction for

carrying out the direction issued in the handbooks. Both of these documents can be

found on the Forest Service web site at: www.fs.fed.us/im/directives/

Office of Management and Budget

The Office of Management and Budget (OMB) assists the President to prepare the

federal budget and to supervise other executive branch agencies. A major task of

OMB is to evaluate the effectiveness of agency programs, policies, and procedures,

and to coordinate and set priorities across the agencies. To find out more about what

OMB does see their web site at www.whitehouse.gov/omb
Glossary 791

Glossary

A

Act a bill or measure passed by one or both houses of Congress signifying that it is the

act of at least one body of the Congress.

Amendment a change or addition to an existing law or rule.

Appropriation the setting aside of funds for a designated purpose (e.g., Cooperative

Fire Protection received an appropriation of $30,493,000 for fiscal year 2003)

B

Bill a proposed law, to be debated and voted on.

Budget reconciliation legislation making changes to existing law (such as entitlements under Social Security or Medicare) so that it conforms to numbers in the budget

resolution.

Budget resolution the first step in the annual budget process. This resolution must be

agreed to by the House and Senate. It is not signed by the President and does not have

the effect of law. It does set out the targets and assumptions that will guide Congress

as it passes the annual appropriations and other budget bills.

C

Calendar a group of bills or proposals to be discussed or considered in a legislative

committee or on the floor of the House or Senate.

Caucus a meeting of a political party, usually to appoint representatives to party

positions.

Cloture the formal end to a debate or filibuster in the Senate requiring a three-fifths

vote.

Congressional Record a document published by the Government Printing Office

recording all debates, votes, and discussions taking place in the Congress; available for

free inspection at all government document repositories, some major libraries, and on

the web at www.gpoaccess.gov/crecord/index.html

Compilation a work formed by the collection and assembling of preexisting materials

or of data that are selected, coordinated, or arranged in such a way that the resulting

work as a whole constitutes an original work of authorship.
792 Glossary

E

Enrolled bill the final, certified bill sent to the President; House and Senate versions

of a bill must match exactly in order to be enrolled.

Executive orders are official documents by which the President provides instructions

to executive departments and agencies. An executive order may be used to reassign

functions among executive branch agencies. It may adopt guidelines, rules of conduct,

or rules of procedure for government employees or units of government. It can also

establish an advisory body or task force.

Executive session a congressional meeting closed to the public (and the media).

F

Federal land land owned and administered by the federal government, including

National Parks and National Forests

Filibuster a tactic used to delay or stop a vote on a bill by making long floor speeches

and debates.

Fiscal year a financial term referring to any twelve-month period, usually to set a

budget. The federal government’s fiscal year begins October 1.

Forest Service Manual contains legal authorities, objectives, policies, responsibilities,

instructions, and guidance for Forest Service line officers and primary staff to plan

and execute assigned programs and activities.

Forest Service Handbooks are the principal source of specialized guidance and

instruction for carrying out the direction issued in the handbooks. Some handbooks

include significant procedural direction needed by line officers and/or primary staff

officers; examples include Handbooks on land management planning, appeals, litigation, and environmental analysis. Handbooks may also incorporate external directives

(such as the Federal Property Management Regulations in FSH 6409.31) with related

USDA and Forest Service directive supplements.

H

Hearings are meeting at which testimony (sworn statements like those given in court)

is given before a congressional committee. Hearing usually begin with opening

statements from the committee members, followed by testimony from invited witnesses and conclude with a question and answer period.

L

Law an act or bill which has become part of the legal code through passage by

Congress and approval by the President (or via congressional override).
Glossary 793

M

Majority leader the leader of the majority party in either the House or the Senate.

Mark-up action by a congressional committee to amend and/or approve a bill; following mark-up the bill is “reported” out of committee and is ready for consideration by

the entire House or Senate.

Minority leader the leader of the minority party in either the House or the Senate.

Moratorium a legislative action which prevents a federal agency from taking a

specific action or implementing a specific law.

O

Omnibus spending bill a bill combining the appropriations for several federal agencies.

P

Private law a bill that affects a specified individual or a private entity rather than the

population at large is called a private bill.

President of the Senate is the Vice President of the United States

President pro tempore the Constitution provides for a president pro tempore to

preside over the Senate in the absence of the Vice President.

Proclamations are general announcements of policy, usually used for ceremonial or

commemorative purposes, or to declare a state of emergency or to implement a major

trade agreement.

Public land land owned in common by all, represented by the government (town,

county, state, or federal).

Public law a public bill is one that affects the public generally.

Q

Quorum minimum number of people who must be present before a specified event

can commence (for Congress to vote, at least half the members must be present).

R

Ranking member the lead member of a congressional committee from the minority

party, usually chosen on the basis of seniority.

Recess ending a legislative session with a set time to reconvene.
794 Glossary

Resolution a formal statement from Congress.

Roll call vote each individual members’ vote is recorded and available for public

record.

S

Speaker the leader of the House of Representatives, who controls debate and the

order of discussion; chosen by vote of the majority party.

State land land owned and administered by the state in which it is located.

T

Table an action taken to halt debate on a bill.

V

Veto a presidential action rejecting an act as passed by the U.S. Congress. The

President can also effect a “pocket veto” by holding an unsigned act past the signing

period.

Voice vote a vote where members vote by saying either “yes” or “no” together.There

is no recroded vote.
795

Index

A

Access

non Federally owned land 496

Administrative appeals 79, 788

Advisory body 701

advisory boards 50

Advisory Council on Historic Preservation

119, 124

advisory council, research 537

Citizens’ Advisory Committee on Environmental Qual 643

Department of Agriculture Advisory

Committees 711

abolish 712

advisory commitee 711

maximum length 711

simultaneous service 711

Endangered Species Committee 380

Federal Advisory Committee

abolish or merge 702, 704, 708

establishing 702

meetings 706

presidential advisory committee 702

purpose 705

rates of pay 704

record-keeping 703, 708

Forest Resource Coordinating Committee

492

funds available for employees 673

grazing advisory boards 231, 503

Migratory Bird Conservation Commission

342

National Academy of Sciences 709

National Agricultural Research, Extension,

Educati 551

National Trail System 259

rangeland 232

Resource Advisory Committees 527

Agricultural Credit Act, Emergency Flood

Preventio 429

Alaska National Interest Lands Conservation

Act 496

America the Beautiful Act of 1990 435

Community Tree Planting and Improvement

Program 439

Rural Tree Planting and Forest Management Program 438

Tree Planting Foundation 436

American antiquities 116

permits 116

Americans with Disabilities Act 727

accommodations and services by private

entit

exemptions 765

accommodations and services by private

entities 755

discrimination 758

exemptions 764

new construction and alterations 761

public accommodation 756

readily achievable 757

auxiliary aids and services 728

closed-captioning 772

compliance board 774

covered entity 729

disability 728

discriminate 731

employee 729

employer 729

Federal wilderness areas 776

foreign countries 732

illegal use of drugs 729, 730, 777

illegal use of drugs and alcohol 735

public services 737

qualified individual with a disability 738

reasonable accommodation 730

religious entities 734

retaliation and coercion 773

services operated by private entities 760

State immunity 773

telecommunications services 767

consolidations and mergers of 771

transportation intercity and commuter rail

747

actions considered discriminatory 748

demand responsive system 760

discrimination 762

transportation other than aircraft or certain

rail 738

demand responsive system 743
796

existing facilities 745

fixed route systems 739

new facilities 744

Animals

care for 723

Aquaculture 7

Archaeological

civil penalties 133

enforcement 134

criminal penalties 132

enforcement 134

custody 131

data 127

confidentiality 135

excavation and removal 129

on Indian lands 130

unauthorized 132

permits 116

Archaeological Resources Protection Act

128

archaeological resource 128

B

Bald and Golden Eagle Protection Act 347

cancellation of grazing agreements 348

enforcement provisions 348

prohibited acts

civil penalties 347

criminal penalties 347

take 349

taking 348

transport 349

whoever 349

Bankhead-Jones Farm Tenant Act 6

Biomass

Commercial Utilization Grant Program 100

energy demonstration projects 449

energy tax credit 668

Biomass Research and Development Act of

2000 99

Brush Disposal Fund 499, 661

Buildings

construction and repair 721

C

Cabin User Fee Fairness Act of 2000 290

Alaska, special rule for 299

appraisals 292

right of appeal and judicial review 298

right of second appraisal 298

base cabin user fee 290

cabin 290

cabin owner 291

cabin user fee 291

caretaker cabin 291

current cabin user fee 291

lot 291

natural, native state 291

special use permit 290

tract 291

tract association 291

transition provisions 299

typical lot 291

user fees 295

annual adjustment 296

payment 297

Citizens’ Advisory Committee on Environmental Qual 643

Clarke-McNary Act 648

Clean Air Act 623

ambient air quality standards 628

classifications

class I 631

class II 631

disputes between State and Indian tribes

634

Indian reservations 633

national monuments 633

national preserves 633

primitive areas 633

redesignation 632

construction requirements 634

financial assistance

limitations 638

pollution from Federal facilities 629

research 624

monitoring, analysis, modeling, and

inventory 625

State authority 629

visibility protection 636

Community and Private Land Fire Assistance

Program 483

Concessions 499

Condemnation of property 266, 450

Conservation plan
797

assistance 103

Contracts

acquisition of lands and waters 21

failure to complete 725

receipts 725

forfeiture of bond 725

receipts 725

Cooperation with

institutions 664, 714

organizations 664, 714

public and private agencies 664, 714, 718

State and private lands 498

Cooperative agreements

cooperative agreements and payments 231

employee status of cooperators 664

mutually significant benefit 664

rural communities 444

with Federal agencies 303, 664

notice 304

with private owners 302

notice 304

remedies 305

Cooperative Forestry Assistance Act of 1978

457

Forest Resource Coordinating Committee

492

general provisions 487

technical assistance

non Federal forest lands 484

Cooperative Funds and Deposits 664

Cooperative National Forests Products

Marketing Pr 491

Cooperative work agreements 659

D

Department of Agriculture Organic Act of

1944 717

Disaster Mitigation Act of 2000 674

emergency preparedness 698

facilities 699

hazard 698

local government 675

major disaster 674

materials 699

national defense 699

natural disaster 698

neighboring countries 699

organizational equipment 699

private nonprofit facility 676

public facility 675

Disaster relief 674

appeals of assistance decisions 696

community disaster loans 694

cost share 682

damaged facilities 687

debris removal 693

declaration of 683

disaster preparedness programs, Federal

and State 676

disaster warnings 677

technical assistance to State 677

duplication of benefits 680

emergency communications 695

emergency public transportation 695

environmental protection 682

essential assistance 683

expenses incurred 697

Federal assistance 683

Federal facilities 687

fire management assistance 695

food 694

misuse of funds 681

nondiscrimination 679

reimbursement of Federal agencies 678

relief organizations 679

timber sale contracts 695

use of local firms and individuals 678

Domestic Water Supply 410

E

Eastern hardwoods study 327

Ecosystem research 626

Emergency

advances of money 723

communications 695

public transportation 695

reforestation assistance 439

support teams 677

Employee

dwellings 501, 715, 725

medical attention 501, 715, 724

personal equipment 501, 715

political affiliations 5

rental of property 723
798

stationed abroad 722

status of cooperators 664

status of volunteers 510

subsistence 501, 715

telephone 500, 724

temporary personnel 722

injury benefits 502

transportation of sick, injured, or dead

716, 717

travel expenses 725

youth 506

conditions of employment 506

Endangered plants 408

Endangered species

convention implementation 389

violation of 392

cooperation with States 372

allocation of funds 374

conflicts between Federal and State laws

376

cooperative agreements 372

management agreements 372

determination 363

basis for 364

lists 369

monitoring 371

protective regulations 369

recovery plans 370

Endangered Species Committee 380

exceptions 394

imports and exports 392

interagency cooperation 377

biological assessment 380

international cooperation 390

judicial review 389

land acquisition 372

national security, exemption 387

prohibited acts 390

burden of proof 400

imports and exports 392

species held in captivity 391

violation of international treaty 386

Endangered Species Act of 1982 360

alternative courses of action 361

conserve 361

convention 361

critical habitat 361

endangered species 362

exceptions 397

Alaska natives 396

experimental populations 401

hardship exemptions 395

permits 394

pre-Act endangered species part 397

scrimshaw product 397

Federal agency 362

foreign commerce 362

import 362

penalties and enforcement 402

citizen suits 406

civil penalties 402

criminal violations 403

enforcement 404

rewards and incidental expenses 404

permit or license applicant 362

plant 363

pre-Act endangered species part 397

scrimshaw product 397

Secretary 363

species 363

State 363

State agency 363

take 363

threatened species 363

Energy tax credit 668

Enhanced Community Fire Protection. 482

F

Facilities

aerial 497

long term lease 497

permanent 497

Federal Advisory Committee Act 701

Federal Cave Resources Protection Act 275

cave 275

cave resource 276

on Indian Lands 278

confidentiality of information 277

Federal land 275

Indian land 275

Indian tribe 275

permit 277

revocation 278

transfer of 278

prohibited acts
799

civil penalties 279

criminal penalties 279

speleogen 276

speleothem 276

water 281

Federal Insecticide, Fungicide, and Rodenticide Ac 588

active ingredient 588

adulterated 588

animal 588

antimicrobial pesticide 597

certified applicator 588

defoliant 589

desiccant 589

device 589

environment 589

establishment 594

exemption 608

fungus 590

imminent hazard 590

indemnities 605

inert ingredient 590

ingredient statement 590

insect 590

integrated pest management techniques

599

label and labeling 590

maintenance applicator 596

minor use 596

misbranded 591

nematode 592

nitrogen stabilizer 595

outstanding data requirement 595

penalties 604

pest 592

pesticide 593

pesticide, distribute or sell 595

pesticide, inconsistent use of 594

plant regulator 593

producer 593

protect health and the environment 593

public health pesticide 597

registrant 594

restricted use pesticides 598

service technician 596

State 594

stop sale, use, removal, and seizure 602

unreasonable adverse effects on the

environment 594

vector 597

weed 594

Federal Noxious Weed Act of 1974 645

cooperative agreement 646

integrated management systems 646

interdisciplinary approach 646

undesirable plants 647

Federal Water Pollution Control Act 609

Federal Water Project Recreation Act 421

Financial assistance

aerial facilities and services 718

Clean Air Act

limitation 638

Cooperative Forestry Assistance Act 459

cooperative national forest products

marketing pro 491

Forest Land Enhancement Program 461

Forest Stewardship Program 466

State consolidation of payments 486

urban and community forestry assistance

474

Disaster Mitigation Act 676

community disaster loans 694

duplication of benefits 680

Endangered Species Act 360, 375

international cooperation 388

Federal Water Pollution Control Act

nonpoint source management programs

616

waste treatment works 609

Foreign Operations Appropriations Act of

1990 563

Healthy Forests Restoration Act

prioritizing 95

Watershed Forestry Assistance Program

101, 103

National Environmental Policy Act 639

National Indian Forest Resources Management Act

education 75

National Trails System Act 266, 268

non Federal forest land 484

non Federal forest lands 112

Preservation of Historical and Archeological Data 127

Renewable Resources Extension Act 452

Fire lookout towers 724
800

Fire management assistance 695

Fire protection on private or State forest

lands 24

Fire-control

rent equipment 718

Food, Agriculture, Conservation, and Trade

Act of 430

Food and Agriculture Act of 1977 711

Foreign Operations Appropriations Act of

1990 558

Forest and Rangeland Renewable Resources

Research 539

statement of policy 57

Forest dependent communities 303

Forest and Rangeland Renewable Resources

Planning Act 34

Renewable Resource Program 38

Forest headquarters 501, 715, 725

Forest health protection 471

Forest Land Enhancement Program 461

Forest Legacy Program 467

Forest Resources Conservation and Shortage

Relief 307

acquire 323

Federal lands 323

minor violation 323

northwestern private timber open market

area 323

private lands 323

public lands 323

substitution 324

unprocessed timber 324

violation 324

Forest Service

budget request 45, 488

decisionmaking 79, 788

Forest Service Omnibus Act of 1958 723

Forest Service Roads 564

allocations 573

apportionment 564

availability of funds 573

bicycle transportation and pedestrian

walkways 582

bridges 582

electric bicycle 583

facility 583

Federal lands highway funds 582

Federal share 583

motorized vehicles use 583

National Highway System Funds 582

pedestrian 583

STP and Congestion Mitigation Program

funds 582

wheelchair 584

construction 564

construction and maintenance 720

county 564

easements

termination 585

emergency relief 571

Federal lands highway 565

Federal Lands Highways Program 574

eligible projects 576

funds available 574

Indian reservation road 575, 576

Federal share payable 569

emergency relief 570

increased Federal share for safety

projects 570

interstate system projects 569

land management agency funds 571

Lands Highways Program funds 571

Federal-aid highway 565

Federal-aid system 565

forest development roads 585

forest development roads and trails

565, 577

forest highway 565

forest road or trail 565

highway 565

Indian reservation road 565

interstate system 565

maintenance 565

maintenance and reconstruction by road

users 586

maintenance area 566

National Forest Transportation System 48

National Highway System 566

operating costs for traffic monitoring,

management 566

operational improvement 566

parkway 566

project 566

project agreement 566

public authority 566

public lands development roads and trails
801

566

public lands highway 567

public lands highways 567

public road 567

recreational trails program 577

funds, use of 579

motorized recreation 577

permissible uses 578

permissible uses, not 580

recreational trail 577

State responsibilities 578

rights-of-way 585

roads and trails system 585

rural areas 567

Secretary 567

State 567

funds 567

transportation department 567

transportation enhancement activities 567

urban area 568

urbanized area 568

user fees fund 587

Forest Stewardship Program 466

Forestry rural revitalization 440

Forestry Student Grant Program 550

G

General Exchange Act 31

Global Climate Change Prevention Act of

1990 445

Global Climate Change Program 446

study of

agriculture 447

climate change 447

forestry 447

Golden Eagle Passport 13

Granger-Thye Act 497

Grazing advisory boards 503

H

Hawaii Experimental Tropical Forest 561

Healthy Forests Reserve Program 111

Healthy Forests Restoration Act of 2003 84

administrative review process 97

eligibility 97

at-risk community 86

authorized hazardous fuel reduction project

86, 89

acreage limitation 90

exclusion of certain Federal land 90

large tree retention 92

monitoring 93

old growth stands 91

relation to agency plans 90

Biomass Commercial Utilization Grant

Program 100

Biomass research

grants 99

community wildfire protection plan 86

condition class 2 87

condition class 3 87

day 87

decision document 87

environmental analysis 95

fire regime I 88

fire regime II 88

fire regime III 88

Healthy Forests Reserve Program 111

enrollment 111

implementation plan 88

judicial review in United States District

Courts

injunctions 98

prioritization 94

research

applied silvicultural assessment

108, 109

insect and disease 106

rural revitalization through forestry 100

technical assistance to

non Federal forest lands 113

threatened and endangered species habitat

89

wildland-urban interface 89

Historic Preservation Program 118

Historic preservation program

access to information 125

annual awards program 122

Federal properties 120

records 121

Historical data 127

I

Institutes of Tropical Forestry 448
802

International Forest Products Trade Institute

434

International forestry

Hawaii Experimental Tropical Forest 561

Institute of Pacific Islands Forestry 559

Institute of Tropical Forestry in Puerto Rico

559

Institutes of Tropical Forestry 562

Office of 448

Semiarid Agroforestry Research Center 430

tropical deforestation 559

Tropical Forestry Action Plan 559

K

Knutson-Vandenburg Act 662

L

Land

acquisition 648, 673

Forest Legacy Program 467

National Trails System 264

National Wild and Scenic Rivers System

241

National Wilderness System 336

reservations 25

rights-of-way 25

condemnation 25, 266, 450

conservation 6

assistance 7

donation

for timber 648

easements 7

exchange 6, 24, 31

cutting timber 31

equal value 24

public school 30

Indian

leases of restricted lands 60

Interchange with Department of Defense

29

lease of 4, 6

license, grant of 7

reservation

easements 31

minerals 31

timber 31

restoration to public domain 3

sale 6, 33

Alaska 33

sale for homesteads 25

utilization 6

Land and Water Conservation Fund 10

allocation 19

Department of the Interior

no admisssion fee 14

single visit use fee 14

special recreation use fees 13

expenditure 12

motorboat fuel taxes 22

receipts to 426, 428

urban areas 22

Land and Water Conservation Fund Act 10

Land grant colleges and universities 648

grants 556

M

McIntyre-Stennis Act 535

Migratory Bird Conservation Act 342

migratory birds 344

take 345

Migratory Bird Conservation Commission

342

Migratory Bird Treaty Act 338

Migratory birds

areas of interest

consent of State 343

easements and reservations 343

jurisdiction of State 344

purchase or rental 343, 425

State game laws 344

breeding and sale for food supply 341

enforcement 345

National Forests 345

power sites 345

taking, killing, or possessing 338

arrests; search warrants 339

violations and penalties 339

transportation or importation 339

treaty obligations 344

Mineral Leasing Act 152

Minerals Act of 1947 213, 785

Minerals and Mining Management

agricultural land

preference 177
803

all vein-type solid hydrocarbons

leases of land 178

antitrust law 187

borates

prospecting permits and leases 181

carbonates

prospecting permits and leases 181

chlorides

prospecting permits and leases 181

coal

bidding and award 153

common-carrier railroad 157

conditions of lease 159

consolidation of leases 157

contiguous or cornering lands 158

domestic needs 160

exploratory program 161

fair market value of leases 153

lease and exploration 153

leases in National Forests 153

limitations on leases 183

noncontiguous tracts in single lease 159

right-of-way permits 153

combined hydrocarbon lease 152

common varieties

cinders 216

gravel 216

pumice 216

pumicite 216

sand 216

stone 216

consolidation of leases 159

enforcement 209

forest lands exception 164

gilsonite

leases of land 178

helium 152

lands subject to disposition 152

lease and exploration

exploration licenses 156

leases, failure to comply 200

mineral material 213

Alaska 214

bidding 213

disposal 215

lands excluded 215

receipts 214, 216

National Wild and Scenic Rivers System

247

nitrates of sodium

limitations on leases 183

prospecting permits and leases 181

oil 152

oil and gas

boundary lines 205

conditions of lease 165

lease, failure to comply 199

lease forfeiture 165

lease, lands not subject to 211

lease of lands 166

lease of lands, Alaska 181

lease partial assignments 199

lease violation 165

limitations on leases, Alaska 184

National Forest System lands 170

prospecting permits and leases 175

relinquishment of lease rights 200

royalties 206

water struck 208

oil shale

leases of land 178

petrified wood 216

phosphate 163

conditions of lease 163

limitations on leases 184

noncontiguous tracts in single lease 159

phosphate and associated rock

royalties 164

receipts 206

relinquishment of lease rights 198

rents, reduction of 208

reservation of easements 197

reservation of rights-of-way 198

rights-of-way for pipelines 188

royalties, reduction of 208

silicates

prospecting permits and leases 181

stockholder interests 185

subletting of leases 198

sulphates

prospecting permits and leases 181

unpatented mining claims 216

removal of timber 217

title uncertainties 217

waiver of rights 221

vegetative material 213
804

Alaska 214

bidding 213

disposal 215

lands excluded 215

receipts 214, 216

Weeks lands 151

Minerals Resources on Weeks Lands 151

Miscellaneous expenses 721

Motorboat fuels tax 10

Multiple Use Mining Act of 1955 215

Multiple use sustained yield management 36

Multiple-Use Sustained-Yield Act of 1960 51

N

National Acid Precipitation Assessment

Program 626

National Agricultural Research, Extension,

and Tea 551

annual report 555

cooperating forestry schools 553

food and agricultural sciences 552

Hispanic-serving institution 552

land-grant colleges and universities 552

State agricultural experiment stations 552

State cooperative institutions 553

sustainable agriculture 553

National Agricultural Research, Extension,

Educati 551

National Agriculture Research, Extension,

Educatio 453

National Environmental Policy Act of 1969

639

availability of information 640

Citizens’ Advisory Committee on Environmental Qual 643

cooperation of agencies 640

Council on Environmental Quality 642

international activities 644

travel reimbursement 644

recommendations 640

National Forest Foundation Act 511

board of directors 511

powers and obligations 513

National Forest Management Policy Act of

1976 53

National Forest Roads and Trails Act 585

National Forest System 48

facilities for educational and public use 237

facilities for industrial and commercial 237

land and resource management plans 39

public participation 40

resource inventories 39

summer homes and stores 237

use for hotels and resorts 237

National Forest System Federal Enforcement

of Loca 726

reward 726

National Forest-Dependent Rural Communities Econom 441

action team 442

economically disadvantaged 442

rural community 442

National Forests

egress 2, 4

establishment 51

ingress 2, 4

law enforcement 726

laws affecting 4

lease of lands 4

modify boundary 1

multiple use 51

national defense 650

protection of 2, 4

purposes for 1

revoke 1

sites for schools and churches 2

survey of public lands 1

sustained yield 51

use of waters 3

use permit 499

National Historic Preservation Act 117

National Indian Forest Resources Management Act 60

Alaska Native 64

Alaska Native Technical Assistance

Program 73

assessment of programs 71

assistance from USDA Forest Service 73

breach of contract 77

cooperative agreement 76

forest 64

forest land management activities 65

forest management plan 66

forest product 66

forest resources 67
805

forest trespass 67, 69

forestry education assistance 73

postgraduation 75

Indian 67

Indian forest land 65

Indian forest land assistance account 70

Indian land 67

Indian tribe 67

management of Indian forest land 67

deduction 68

receipts 70

sustained yield 67

tribal forestry programs 71

tribal integrated resource management plan

67

National monuments 116

National Park Service funds 17

National Trails System 255

advisory councils 259

condemnation 266

connecting or side trails 255, 261

cooperative agreements 266

easements 269

facilities 263

historic trails 255

comprehensive plan 261

interpretation sites 263

land acquisition 264

funds 266

land conveyance 268

management responsibilities, transfer 261

motorized vehicles 263

national historic trails 257

national scenic trails 257

permissible activities 263, 267

recreation trails 255

relocation of trail 262

rights-of-way 262, 265, 269

abandoned railroad grants 270

release and quitclaim 271

sale 271

scenic trails 255

comprehensive plan 260

State and local trail 268

trail markers 263

uniform markers 255

volunteers 273

National Trails System Act 255

high potential historic sites 274

high potential route segments 274

National Wild and Scenic Rivers System

238

additions to 239

administered by NPS & FWS 249

assistance to State and local projects 249

cooperative agreements 249, 251

easement deduction 253

existing State jurisdiction 252

land acquisition 241

mining and mineral leasing 247

potential additions 241

public use 248

recreational river areas 239

scenic river areas 239

volunteers 250

water resources projects, restrictions 244

wild river areas 239

wilderness areas 249

withdrawal of public lands 246

Alaska 253

National Wilderness Preservation System

329

administrative recommendations 332

boundary adjustment 332

extent of system 330

gifts, bequests, and contributions 337

land

acquisition 336

mining interests 336

primitive areas 330

roadless areas, Interior agencies 331

state and private lands within wilderness

336

use of wilderness areas 333

prohibition provisions 334

special provisions 334

water resources 335

wilderness 329

Native American Graves Protection and

Repatriation 138

burial site 138

cultural affiliation 138

cultural items 138

grants 149

Hui Malama I Na Kupuna O Hawai’i Nei

139
806

human remains and objects

illegal trafficking 142

inventory 142

ownership 140

penalty 148

Indian tribe 139

Native American 139

Native Hawaiian organization 139

repatriation 145

review committee 146

right of possession 140

Northeastern States Research Cooperative

544

Noxious weed

cooperative agreements with State agencies

645

management of 645

O

Occupancy permits 237

Organic Administration Act 1

P

Payment for

roads 26, 503, 519, 719

schools 26, 503, 519, 719

Payment to

counties 9

from Bureau of Land Management 521

States 659, 719

for roads 659

for schools 659

Payments to

States 532

from National Forest System 519

Preservation of American Antiquities 116

Preservation of Historical and Archeological

Data 127

Presidential Commission on State and

Private Fores 431

Private property 716

reimbursement 716

Public parks 11

Public participation 50

Public Rangelands Improvement Act of 1978

223

allotment management plan 224

court ordered environmental impact

statement 225

grazing permit and lease 224

native vegetation 225

range condition 224

range improvement 225

rangelands or public rangelands 224

sixteen contiguous Western States 225

Public works

easement 713

lease 713

permit 713

Purchase of

experimental materials 497

forage plants 497, 659

forested, cut-over, or denuded lands 24

newspapers 721

nursery stock 497, 659

stenographic reporting 721

test models 497

tree cones 497, 659

tree seeds 497, 659

R

Rangeland

advisory councils 232

cost of leasing 500

cost of protective fencing 500

cost of seeding 500

data base 58

Experimental Stewardship Program 232

grazing advisory boards 231, 503

grazing fees 227

grazing leases and permits 228

Allotment management plan requirements 229

Cancellation 348

renewal 229

grazing permit 505

improvements 500

inventory and management 225

National Grasslands 232

Range Betterment Fund 227

range improvement funding 226

research 555

wild free-roaming horses and burros

233, 236
807

excess animals 236

herd 236

inventory 234

range 236

Ranger stations 36, 501, 715, 725

Recreation

facilities 11

reservation services 17

special permits 16

use fees 15

collection 15

Recreational Fee Demonstration Program

282

Reforestation

emergency assistance 439

Reforestation Tax Incentives and Trust Fund

666

adjusted gross income 668

amortizable basis 667

depreciable property 668

expenditures 666

limitations 666

qualified timber property 667

reforestation expenditures 667

tax credit 668

Reforestation Trust Fund 670

Reimbursement 723

Renewable resource

research 540

Renewable Resource Assessment 35

Renewable Resources Extension Act of 1978

451

eligible colleges and universities 452

types of programs 451

Renewable Resources Programs

extension, national 453

extension, state 452

Research

acquisition 546

advisory council 537

competitive grants

forestry 547

rangeland 547

congressional support 535

cooperation 535

cooperative

advance of funds 505

expenditures 546

facilities 546

forestry research 537

Forestry Student Grant Program 550

grants 556

insect and disease 106

applied silvicultural assessment

108, 109

matching funds 536

monitoring 114

private property rights 545

rangeland 555

renewable resource

experiments 540

Right of Eminent Domain 450

Right to Appeal 79

Rights-of-way

dams 5

water plants 5

milling 5

mining 5

municipal 5

Roads and Trails (10 Percent) Fund 658

Rural communities

loans 445

Rural diversification 443

Rural fire prevention and control 480

Rural forestry assistance 459

Rural Revitalization Through Forestry 100

S

Sale of

nursery stock 499

tree seeds 499

Search and rescue 716

Secure Rural Schools and Community SelfDeterminat 516

50-percent payment 519

calculation required 519

county projects 531

participating county 531

use of county funds 531

eligibility period 518

eligible county 518

eligible State 518

Federal lands 518

full payment amount 518

payment to states 532
808

Resource Advisory Committees 527

special projects on Federal lands 522

participating county 522

project funds 522

resource advisory committee 523

resource management plan 523

use of project funds 529

Semiarid Agroforestry Research Center

430

Sikes Improvement Act of 1997 351

administrator 357

chairman 357

conservation and rehabilitation programs

357

off-road vehicle 357

public land 357

State agency 357

Sisk Act 30

Ski Fees, Omnibus Parks and Public Lands

Managemen 286

Smokey Bear Act 651

Soil and water conservation

aid to farmers 648

Soil and Water Resources Conservation Act

of 1977 652

data collection 653

Soil and Water Conservation Program 654

termination 656

Southern Forest Regeneration Program 430

Stewardship End Result Contracting Projects

81

agreements or contracts 81

land management goals 81

monitoring, evaluation and reporting 83

receipts 82

Supplemental National Forest Reforestation

Fund 663

Surplus property sales 10

Sustainable Forestry Outreach Initiative

455

Sustained-Yield Forest Management Act 302

Federally owned or administered forest land

305

sustained-yield units 302

notice 304

T

Technical assistance

Bankhead-Jones Farm Tenant Act 7, 8

Clean Air Act 623

Cooperative Forestry Assistance Act

459, 462

urban and community forestry assistance

474

Disaster Mitigation Act 676, 683, 684

Federal Water Pollution Control Act

610, 616, 618

Food, Agriculture, Conservation, and Trade

Act 435

Forestry rural revitalization 440

Rural natural resources and economic

diversificati 443

Foreign Operations Appropriations Act

558, 559, 560, 563

Forest Ecosystems and Atmospheric

Pollution Resear 43

Healthy Forests Restoration Act

Healthy Forests Reserve Program 113

Tribal Watershed Forestry Assistance

105

Watershed Forestry Assistance 101

National Environmental Policy Act 639

National Forest Foundation Act 511

National Indian Forest Resources Management Act 73

Renewable Resources Extension Act 452

to protect water quality 102

Wild and Scenic Rivers Act 249, 274

Technical assistance to

American with Disabilities Act 774

Threatened species

convention implementation 389

violation of 392

cooperation with States 372

allocation of funds 374

conflicts between Federal and State laws

376

cooperative agreements 372

management agreements 372

determination 363

basis for 364

lists 369

monitoring 371
809

protective regulations 369

recovery plans 370

imports and exports 392

interagency cooperation 377

biological assessment 380

international cooperation 390

judicial review 389

land acquisition 372

national security, exemption 387

violation of international treaty 387

Timber 49

export

Alaska 5

domestic transportation and processing

of private 314

monitoring and enforcement 319

restrictions 308

sourcing areas 310

substitution, direct 308

substitution, indirect 309

substitution of unprocessed Federal

timber 308

western red cedar 318

forest roads 585

restrictions on exports 315

sales on National Forest System lands 53

salvage harvesting 50

Townsite Act 33

Trails

construction and maintenance 720

Transfer Act 4

Tree nursery 662

U

Urban and community forestry assistance

473

Urban forestry demonstration projects 449

V

Volunteers 19, 510

employment status 510

incidental expenses 510

National Forest Foundation 514

National Trails System 273

National Wild and Scenic Rivers System

250

Volunteers in the National Forests Act of

1972 510

W

Water resources

agricultural pollution 612

assistance to local organizations 412

conditions 414

loans of advancements 418

authority of States 610

Clean Lakes Program 614

conservation 410, 411

cooperative programs 417

data collection 420

domestic water supply 410

dredged or fill material, permits 622

estuaries, study of 611

fish and wildlife enhancement 421

cost-share 421

flood prevention 411

land transfer 426

national pollutant discharge elimination

system 621

nonpoint source management 614

financial assistance 616

grant program 619

interstate management conference 619

technical assistance 618

pesticides 611

pollution control, Federal facilities 612

project facilities 422

lease 424

protection 410, 411

public participation 610

recreation

development 414

enhancement 421

recreation enhancement

cost-share 421

runoff retardation 429

soil-erosion prevention 429

States rights 410

storage 415

assistance 8

stream-flow protection 649

Water rights

purchase 720

Watershed Forestry Assistance 101
810

Watershed Protection and Flood Prevention

Act 411

works of improvement 411, 416

local organization 412

notification 419

reimbursement 416

Weeks Act Status of Certain Lands 28

Weeks Law 24

Wild and Scenic Rivers Act 238

free flowing 254

river 254

scenic easement 254

Wilderness Act 329

Wildlife

conservation and rehabilitation programs

351

comprehensive plans 351

contract authority 359

cooperative agreements 352

hunting, trapping, and fishing authorized

352

Indian rights 358

public land management area stamps 354

enforcement provisions 355

Forest Service and Bureau of Land

Management lands 358

Working capital fund 673

Y

Youth Conservation Corps Act of 1970 506

grants to States 507