I

104TH CONGRESS

1ST SESSION H. R. 1439

To amend the National Forest Management Act of 1976 to require the

timber sale program conducted by the Forest Service on National Forest

System lands to be financed only by receipts from the sale of timber

under the program.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 1995

Mr. METCALF introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Resources, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the National Forest Management Act of 1976

to require the timber sale program conducted by the

Forest Service on National Forest System lands to be

financed only by receipts from the sale of timber under

the program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Timber Sale Financial

5 Accountability Act of 1995’’.
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1 SEC. 2. RELIANCE ON FOREST SERVICE TIMBER SALE RE2 CEIPTS TO FUND TIMBER SALES.

3 (a) TIMBER RECEIPTS TO COVER COSTS.—Section

4 14 of the National Forest Management Act of 1976 (16

5 U.S.C. 472a) is amended by adding at the end the follow6 ing new subsection:

7 ‘‘(j) USE OF TIMBER RECEIPTS TO COVER SALE

8 COSTS.—

9 ‘‘(1) TIMBER RECEIPTS FUND.—There is here10 by established in the Treasury of the United States

11 a fund to be known as the ‘National Forest System

12 Timber Receipts Fund’ and consisting of receipts

13 from the sale of trees, portions of trees, and forest

14 products located on National Forest System lands.

15 The Fund shall consist of two accounts, one account

16 for units of the National Forest System located east

17 of the Mississippi River and the other account for

18 units located west of the Mississippi River and in

19 Alaska. Amounts in the two accounts may not be

20 commingled. Amounts in the Fund are to be avail21 able until expended.

22 ‘‘(2) USE OF FUND.—Amounts in an account of

23 the Fund shall be available, in such amounts as are

24 provided in advance in appropriation Acts, to the

25 Secretary of Agriculture for the purpose of covering

26 the cost to the United States—
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1 ‘‘(A) for design, engineering, and super2 vision of the construction of roads needed in

3 connection with timber sales conducted under

4 this section in units of the National Forest Sys5 tem covered by the account; and

6 ‘‘(B) for Forest Service preparation, adver7 tisement, offering, awarding, and supervision of

8 the operation of such timber sales.

9 ‘‘(3) RELIANCE ON FUND.—The Fund shall be

10 the sole source of amounts for the activities specified

11 in paragraph (2), and amounts otherwise appro12 priated or made available to the Secretary or the

13 Forest Service in appropriation Acts may not be ob14 ligated or expended for such activities.

15 ‘‘(4) EFFECT ON OTHER LAWS.—Except as pro16 vided in paragraph (5), the following provisions of

17 law shall not apply to receipts from the sale of trees,

18 portions of trees, and forest products located on Na19 tional Forest System lands:

20 ‘‘(A) The fifth paragraph under the head21 ing ‘‘FOREST SERVICE’’ in the Act of March

22 4, 1907 (34 Stat. 1270; 16 U.S.C. 499).

23 ‘‘(B) The fourth sentence in section 9 of

24 the Act of June 7, 1924 (43 Stat. 655; 16
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1 U.S.C. 499; commonly known as the Clarke2 McNary Act).

3 ‘‘(C) The sixth paragraph under the head4 ing ‘‘FOREST SERVICE’’ in the Act of May

5 23, 1908 (35 Stat. 260; 16 U.S.C. 500).

6 ‘‘(D) Section 13 of the Act of March 1,

7 1911 (36 Stat. 963; 16 U.S.C. 500; commonly

8 known as the Weeks Act).

9 ‘‘(E) The sixth paragraph under the head10 ing ‘‘ADMINISTRATIVE PROVISIONS, FOREST

11 SERVICE’’ in title II of the Department of the

12 Interior and Related Agencies Appropriations

13 Act, 1993 (Public Law 102–381; 106 Stat.

14 1400; 16 U.S.C. 500 note).

15 ‘‘(F) The fourteenth paragraph under the

16 heading ‘‘FOREST SERVICE’’ of the Act of

17 March 4, 1913 (37 Stat. 843; 16 U.S.C. 501).

18 ‘‘(5) EXCESS AMOUNTS.—Amounts in the Fund

19 determined by the Secretary to be in excess of the

20 cost of accomplishing the activities specified in para21 graph (2) shall be transferred to miscellaneous re22 ceipts in the Treasury of the United States.

23 Amounts transferred shall be considered as moneys

24 received from the national forests within the mean25 ing of the sixth paragraph under the heading ‘‘FOR-
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1 EST SERVICE’’ in the Act of May 23, 1908 (35

2 Stat. 260; 16 U.S.C. 500), section 13 of the Act of

3 March 1, 1911 (36 Stat. 963; 16 U.S.C. 500; com4 monly known as the Weeks Act), and the fourteenth

5 paragraph under the heading ‘‘FOREST SERV6 ICE’’ of the Act of March 4, 1913 (37 Stat. 843;

7 16 U.S.C. 501).’’.

8 (b) CONFORMING AMENDMENTS.—Such section is

9 further amended—

10 (1) in subsection (h)—

11 (A) by striking ‘‘in a designated fund’’ in

12 the third sentence and inserting ‘‘in the Na13 tional Forest System Timber Receipts Fund es14 tablished under subsection (j),’’; and

15 (B) by striking the last sentence, including

16 the provisos; and

17 (2) in subsection (i)(2), by striking ‘‘, and such

18 additional sums as may be appropriated for the con19 struction of roads’’.

Æ