An Act to amend the Forest and Rangeland Renewable Resources Planning Act of 1974, and for other purposes.
PL 94-588 (S.3091), enacted 10/22/1976

PUBLIC LAW 94-588—OCT. 22, 1976 
90 STAT. 2949 
Public Law 94-588 
94th Congress 
An Act 
To amend the Forest and Rangeland Renewable Resources Planning Act of 1Q74, 
Oct. 22, 19/6 
and for other purposes. 
[S. 3091] 
Be It endcted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
National Forest 
be cited as the '"'National Forest Management Act of 1976". 
Management Act 
FINDINGS 
of 1976. 
16 u s e 1600 
note. 
SEC. 2. The Forest and Rangeland Renewable Resources Planning 
-
Act of 1974 (88 Stat. -t76; 16 U.S.C. 1601-1610) is amended by redesig-
nating sections 2 through 11 as sections 3 through 12, respectively; 
and by adding a new section 2 as follows: 
"SEC. 2. FINDINGS.—The Congress finds that— 
16 USC 1600. 
"(1) the management of the Nation's renewable resources is 
highly complex and the uses, demand for, and supply of the vari-
ous resources are subject to change over time; 
*' (2) the public interest is served by the Forest Service. Depart-
ment 
of 
Agriculture, 
in 
cooperation 
with 
other 
agencies, 
assessing the Nation's renewable resources, and developing and 
preparing a national renewable resource program, which is peri-
odically reviewed and updated; 
"(3) to serve the national interest, the renewable resource pro-
gram must be based on a comprehensive assessinent 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, coordi-
nation of multiple use and sustained yield opportunities as pro-
vided in the Multiple-L^se Sustained-Yield Act of 1960 (74 Stat. 
215; 16 U.S.C. 528-531), and public participation in the develop-
ment 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 range- 
^ 
land is under private, State, and local governmental management 
and the Nation's major capacity to produce goods and services is 
based on these nonfederally managed renewable resources, the 
Federal Government should be a catalyst to encourage and assist 
these owners in the efficient long-term use and improvement of 
these lands and their renewable resources consistent with the 
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 coopera-
tive programs, and its role as an agency in the Department of 
Agriculture, has both a responsibility and an opportunity to be a 
leader in assuring that the Nation maintains a natural resource 
conservation posture that will meet the requirements of our people 
in perpetuity; and 
90 STAT. 2950 
PUBLIC LAW 94-588—OCT. 22, 1976 
"(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.". 
REPORTS ON FIBER POTENTIAL, WOOD UTILIZATION BY MILLS, WOOD WASTES 
AND WOOD PRODUCT RECYCLING 
SEC. 3. Section 3 of the Forest and Kangeland Kenewable Resources 
16 use 1601. 
Planning Act of 1974, as redesignated by section 2 of this Act, is 
amended by adding at the end thereof a new subsection (c) as follows: 
"(c) The Secretary shall report in the 1979 and subsequent Assess-
ments 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 con-
straints, 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 facili-
ties and their location in tlie Unite 1 States, notin<^ 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 the 
facilities to improve utilization either individually or in aggregate 
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) In developing the reports required under subsection (c) of 
this section, the Secretary shall provide opportunity for public involve-
ment and shall consult with other interested governmental departments 
and agencies.". 
REFORESTATION 
SEC. 4. Section 3 of the Forest and Rangeland Renewable Resources 
Planning Act of 1974, as redesignated by section 2 of this Act, is 
amended by adding at the end th.ereof new subsections (d) and (e) as 
follows: 
"(d) (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 mul-
tiple use sustained yield management in accordance with land manage-
Annual report to 
ment plans. Accordingly, the Secretary is directed to identify and 
Congress. 
report to the Congress annually at the time of submission of the Presi-
dent's budget together with the annual report provided for under 
section 8(c) of this Act, beginning with submission of the President's 
Program. 
Public 
involvement, 
consultation. 
16 use 1601. 
PUBLIC LAW 94-588—OCT. 22, 1976 
90 STAT. 2951 
budget foir ^scal year 1978, the amount and location by forests and 
States and by productivity class, where practicable, of all lands in the 
Natrpnal Forest System where objectives of land management plans 
indicate the need to reforest areas that have been cut-over or otherwise 
denuded or deiorested, and all lands with stands of trees that are not 
growing at their best potential rate of growth. All national forest 
lands treated frdin year to year shall be examined after the first and 
third growing sealSons and certified by the Secretary in the report pro-
vided for under thi^ subsection as to stocking rate, growth rate in rela-
tion to potential and other pertinent measures. Any lands not certified 
as satisfactory sh^ll 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 9 of this Act, the 
Secretary shall annually for eight years following the enactment of 
this subsection, 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-yeai" period. 
After such eight-year period, the Secretary shall transmit annually to 
the Congress an estimate of the sums necessary to replant and other-
wise treat all lands being cut over and maintain planned timber pro-
duction 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 
8(c) of this Act 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 appropri-
ated 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 sub-
section shall be available until expended. 
"(e) The Secretary shall submit an annual report to the Congress 
on the amounts, types, and uses of herbicides and pesticides used in 
the National Forest System, including the beneficial or adverse effects 
of such uses.". 
RENEWABLE RESOURCE PROGRAM 
SEC. 5. Section 4 of the Forest and Rangeland Renewable Resources 
Planning Act of 1974, as redesignated by section 2 of this Act, is 
amended by striking out the word "and" at the end of paragraph (3); 
striking out the word "satisfy" and inserting in lieu thereof "imple-
ment and monitor" in paragraph (4); striking out the period at the 
Treated lands. 
Examination, 
certification. 
Replanting and 
treating acreages, 
funds, estimates; 
transmittal to 
Congress. 
Annual estimates 
transmittal to 
Congress. 
Appropriation 
authorization. 
Annual report to 
Congress. 
16 u s e 1602. 
90 STAT. 2952 
PUBLIC LAW 94-588—OCT. 22, 1976 
end of paragraph (4) and inserting in lieu thereof a semicolon and 
the word "and"; and by adding a new paragraph (5) as follows: 
"(5) Program recommendations which— 
" (A) evaluate objectives for the major Forest Service pro-
grams in order that multiple-use and sustained-yield relation-
ships 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 pi'oducts 
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 interrelation-
ships between and interdependence within the renew^able 
resources; and 
"(E) evaluate the impact of the export and import of raw 
logs upon domestic timber supplies and prices.". 
16 use 1604. 
Standards and 
guidelines, 
incorporation. 
Report to 
Congress. 
Management. 
Post, p. 2956. 
Public 
participation, 
meetings. 
Plans. 
16 u s e 528 note. 
NATIONAL FOREST SYSTEM RESOURCE PLANNING 
SEC. 6. Section 6 of the Forest and Rangeland Renewable Resources 
Planning Act of 1974, as redesignated by section 2 of this Act, is 
amended by adding at the end thereof new subsections (c) through 
(m) as follows: 
"(c) The Secretary shall begin to incorporate the standards and 
guidelines required by this section in plans for units of the National 
Forest System as soon as practicable after enactment of this subsec-
tion 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 8(c) of this Act. Until such time as a unit 
of the National Forest System is managed under plans developed in 
accordance with this Act, the management of such unit may continue 
under existing land and resource management plans. 
"(d) The Secretary shall provide for public participation in the 
development, review, and revision of land management plans includ-
ing, 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) 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 prod-
ucts and services obtained therefrom in accordance with the 
Multiple-Use Sustained-Yield Act of 1960, and, in particular, 
include coordination of outdoor recreation, range, timber, water-
shed, 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), the definition of the terms 'multiple use' and 'sustained 
yield' as provided in the Multiple-Use Sustained-Yield Act of 
1960, and the availability of lands and their suitability for resource 
management. 
-
PUBLIC LAW 94-588—OCT. 22, 1976 
90 STAT. 2953 
16 use 528 note. 
"(f) 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 docu-
ments, 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 Public notice. 
after public notice, and, if such amendment would result in a 
significant change in such plan, in accordance with the provisions 
of subsections (e) and (f) of this section and public involvement 
comparable to that required by subsection (d) of this section; and 
" (5) be revised (A) from time to time when the Secretary finds Revision, 
conditions in a unit have significantly changed, but at least every 
fifteen years, and (B) in accordance with the provisions of sub-
sections (e) and (f) of this section and public involvement 
comparable to that required by subsection (d) of this section. 
"(g) As soon as practicable, but not later than two years after Regulations, 
enactment of this subsection, the Secretary shall in accordance with 
the procedures set forth in section 553 of title 5, United States Code, 
promulgate regulations, under the principles of the Multiple-Use 
Sustained-Yield Act of 1960, that set out the process for the develop-
ment 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 Environ-
mental Policy Act of 1969, 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 shall be prepared; 
"(2) specifying guidelines which— 
" ( A ) require the identification of the suitability of lands 
for resource management; 
" ( B ) provide for obtaining inventorj^ 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 devel-
oped to achieve the goals of the Program which— 
"(A) insure consideration of the economic and environ-
mental aspects of various systems of renewable resource 
management, including the related systems of silviculture and 
protection of forest resources, to provide for outdoor recre-
ation 
(including wilderness), range, timber, 
watershed, 
wildlife, and fish; 
" ( B ) provide for diversity of plant and animal com-
munities based on the suitability and capability of the specific 
land area in order to meet overall multiple-use objectives, and 
within the multiple-use objectives of a land management plan 
adopted pursuant to this section, provide, where appropriate, 
42 use 4321 
note. 
42 use 4332. 
90 STAT. 2954 
PUBLIC LAW 94-588—OCT. 22, 1976 
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 moni-
toring 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 
16 use 528 note. 
Act of 1960, and (ii) such harvest levels are decreased at the 
end of each planning period if such practices cannot be suc-
cessfully 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 ade-
quately 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, block-
ages 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, shelter-
wood cutting, and other cuts designed to regenerate an even-
aged 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 opti-
mum 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 environ-
mental, biological, esthetic, engineering, and economic 
impacts on each advertised sale area have been assessed, 
as well as the consistency of the sale with the multiple use 
of the general area; 
"(iii) cut blocks, patches, or strips are shaped and 
blended to the extent practicable with the natural terrain; 
"(iv) there are established according to geographic 
areas, forest types, or other suitable classifications the 
maximum size limits for areas to be cut in one harvest 
operation, including provision to exceed the established 
limits after appropriate public notice and review by the 
responsible Forest Service officer one level above the For-
est Service officer who normally would approve the har-
vest proposal: Provided^ That such limits shall not apply 
to the size of areas harvested as a result of natural cata-
strophic conditions such as fire, insect and disease attack, 
or windstorm; and 
, 
_ 
, 
PUBLIC LAW 94-588—OCT. 22, 1976 
90 STAT. 2955 
"(v) such cuts are carried out in a manner consistent 
with the protection of soil, watershed, fish, wildlife, rec-
reation, and esthetic resources, and the regeneration of 
the timber resource. 
"(h) (1) In carrying out the purposes of subsection (g) of this sec-
tion, the Secretary of Agriculture shall appoint a committee of scien-
tists who are not oiRcers 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 inter-
disciplinary 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 dis-
charge the duties of the committee, shall be provided from the per-
sonnel of the Department of Agriculture. 
" (3) While attending meetings of the committee, the members shall 
be entitled to receive compensation at a rate of $100 per diem, includ-
ing 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, United 
States Code, for persons in the Government service employed inter-
mittently. 
"(i) Resource plans and permits, contracts, and other instruments 
for the use and occupancy of National Forest System lands shall be 
consistent with the land management plans. Those resource plans and 
permits, contracts, and other such instruments currently in existence 
shall be revised as soon as practicable to be made consistent with such 
plans. When land management plans are revised, resource plans and 
permits, contracts, and other instruments, when necessary, shall be 
revised as soon as practicable. Any revision in present or future permits, 
contracts, and other instruments made pursuant to this section shall 
be subject to valid existing rights. 
"(j) 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 section 6(d) of this 
Act. 
"(k) In developing land management plans pursuant to this Act, 
the Secretary shall identify lands within the management area which 
are not suited for timber production, considering physical, economic, 
and other pertinent factors to the extent feasible, as determined by 
the Secretary, and shall assure that, except for salvage sales or sales 
necessitated to protect other multiple-use values, no timber harvesting 
shall occur on such lands for a period of 10 years. Lands once identified 
as unsuitable for timber production shall continue to be treated for 
reforestation purposes, particularly with regard to the protection of 
other multiple-use values. The Secretary shall review his decision to 
classify these lands as not suited for timber production at least every 
10 years and shall return these lands to timber production whenever 
he determines that conditions have changed so that they have become 
suitable for timber production. 
"(1) The Secretary shall— 
"(1) formulate and implement, as soon as practicable, a process 
for estimating long-terms costs and benefits to support the pro-
gram evaluation requirements of this Act. This process shall 
Committee, 
appointment. 
Termination, 
Compensation 
and travel 
expenses. 
Review. 
90 STAT. 2956 
PUBLIC LAW 94-588—OCT. 22, 1976 
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 8(c) of this Act, including an identification on a repre-
sentative sample basis of those advertised timber sales made below 
the estimated expenditures for such timber as determined by the 
above cost process; and 
Standards, 
" (m) The Secretary shall establish— 
establishment. 
"(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 (cal-
culated on the basis of cubic measurement or other methods of 
calculation at the discretion of the Secretary) : Provided^ That 
these standards shall not preclude the use of sound silvicultural 
practices, such as thinning or other stand improvement measures: 
Provided further, That these standards shall not preclude the Sec-
retary 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 dis-
ease 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 subsec-
tion (d) of this section.". 
NATIONAL PARTICIPATION 
SEC. 7. Section 8 of the Forest and Rangeland Renewable Resources 
16 use 1606. 
Planning Act of 1974, as redesignated by section 2 of this Act, is 
amended— 
(a) by striking out "sixty" in the second sentence of subsection 
(a) and inserting in lieu thereof the word "ninety"; and by strik-
ing out "sixty-day period" in the third sentence of subsection (a) 
and inserting in lieu thereof "ninety-day period"; and 
(b) by adding a new sentence at the end of subsection (c) as 
folloAvs: "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.". 
TRANSPORTATION SYSTEM 
SEC. 8. Section 10 of the Forest and Rangeland Renewable Resources 
16 use 1608. 
Planning Act of 1974, as redesignated by section 2 of this Act, is 
amended by inserting "(a)" immediately before the words "The Con-
gress" and inserting at the end thereof new subsections (b) and (c) 
as follows: 
Road design. 
"(b) 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 
PUBLIC LAW 94-588—OCT. 22, 1976 
90 STAT. 2957 
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) Roads constructed on National Forest System lands shall be Road 
designed to standards appropriate for the intended uses, considering construction, 
safety, cost of transportation, and impacts on land and resources.". 
NATIONAL FOREST SYSTEM 
SEC. 9. Section 11(a) of the Forest and Rangeland Renewable 
Resources Planning Act of 1974, as redesignated by section 2 of this 
Act, is amended by adding at the end thereof the following new sen- 
16 USC 1609. 
tence: "NotAvithstanding the provisions of the Act of June 4,1897 (30 
Stat. 34; 16 U.S.C. 473), no land now or hereafter reserved or with-
drawn from the public domain as national forests pursuant to the Act 
. .i* 
of March 3,1891 (26 Stat. 1103; 16 U.S.C. 471), or any act supplemen-
tary to and amendatory thereof, shall be returned to the public domain 
except by an act of Congress.". 
RENEWABLE RESOURCES 
SEC. 10. Section 12 of the Forest and Rangeland 
Renewable 
Resources Planning Act of 1974, as redesignated by section 2 of this 
Act, is amended by striking out the period at the end of that section 
16 USC 1610. 
and inserting in lieu thereof the following: "and on the date of enact-
ment of any legislation amendatory or supplementary thereto.". 
LIMITATIONS ON TIMBER REMOVAL; PUBLIC PARTICIPATION AND ADVISORY 
BOARDS; REGULATIONS; SEVERABILITY 
SEC. 11. The Forest and Rangeland Renewable Resources Planning 
Act of 1974 is amended by adding at the end thereof new sections 13 
through 16 as follows: 
"SEC. 13. LIMITATIONS ON TIMBER REMOVAL.— (a) 
The Secretary of 
16 USC 
1611. 
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 other-
wise be established: Provided 
further, 
That any such planned depar-
ture must be consistent with the multiple-use management objectives 
of the land management plan. Plans for variations in the allowable 
Sales, 
sale quantity must be made with public participation as required by 
section 6(d) of this Act. 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 
v. 
so long as the average sale quantities of timber from such national 
forest over the decade covered by the plan do not exceed such quantity 
limitation. In those cases where a forest has less than two hundred 
thousand acres of commercial forest land, the Secretary may use two 
or more forests for purposes of determining the sustained yield. 
"(b) Nothing in subsection (a) of this section shall prohibit the 
Secretary from salvage or sanitation harvesting of timber stands 
89-194 O—78—Dt. 2 
94 
90 STAT. 2958 
PUBLIC LAW 94-588—OCT. 22, 1976 
Hearings, 
notice. 
16 use 1612. 
Advisory boards. 
Establishment. 
5 use app. I. 
Membership. 
16 use 1613. 
16 use 1614. 
which are substantially damaged by fire, windthrow, or other catas-
trophe, 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. 
"SEC. 
14. PUBLIC PARTICIPATION AND ADVISORY BOARDS.— (a) 
In 
exercising his authorities under this Act and other laws applicable to 
the Forest Service, the Secretary, by regulation, shall establish pro-
cedures, 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) 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 repre-
sentative 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.". 
"SEC. 15. REGULATIONS.—The Secretary of Agriculture shall pre-
scribe such regulations as he determines necessary and desirable to 
carry out the provisions of this Act. 
"SEC. 16. SEVERABILITY.—If any provision of this Act or the appli-
cation thereof to any person or circumstances is held invalid, the 
validity of the remainder of the Act and of the application of such 
provision to other persons and circumstances shall not be affected 
thereby.". 
CONFORMING AMENDMENTS TO THE FOREST AND RANGELAND RENEWABLE 
RESOURCES P L A N N I N G ACT OF 1974 
SEC. 12. The Forest and Rangeland Renewable Resources Planning 
Act of 1974 is amended as follows: 
16 use 1604. 
(a) Section 6(a), as redesignated by section 2 of this Act, is 
amended by striking out "section 3" and inserting in lieu thereof "sec-
tion 4". 
16 use 1606. 
(b) Section 8, as redesignated by section 2 of this Act, is amended— 
,... • 
(1) by striking out "section 2" and "section 3" in the first sen-
tence of subsection (a) and inserting in lieu thereof "section 3" 
and "section 4", respectively; 
(2) by striking out "section 3" in subsection (c) and inserting 
in lieu thereof "section 4"; and 
(3) by striking out "section 3" in the first sentence of subsec-
tion (d) and inserting in lieu thereof "section 4". 
Repeal. 
AMENDMENT TO THE ORGANIC ACT 
SEC. 13. The twelfth undesignated paragraph under the heading 
"SURVEYING THE PUBLIC LANDS" in the Act of June 4,1897 (30 Stat. 35, 
as amended; 16 U.S.C. 476), is hereby repealed. 
Rules and 
regulations. 
16 use 472a. 
TIMBER SALES ON NATIONAL FOREST SYSTEM LANDS 
SEC. 14. (a) For the purpose of achieving the policies set forth in 
the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 
PUBLIC LAW 94-588—OCT. 22, 1976 
90 STAT. 2959 
528-531) and the Forest and Rangeland Renewable Resources Plan-
ning Act of 1974 (88 Stat. 476; 16 U.S.C. 1601-1610), 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) All advertised timber sales shall be designated on maps, and a 
prospectus shall be available to the public and interested potential 
bidders. 
(c) The length and other terms of tlie 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. Unless there is a finding by the Secretary of 
Agriculture that better utilization of the various forest resources (con-
sistent with the provisions of the Multiple-Use Sustained-Yield Act of 
1960) 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 opera-
tion, which shall be subject to concurrence by the Secretary. The Sec-
retary 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) The Secretary of Agriculture shall advertise all sales unless he 
determines that extraordinary conditions exist, as defined by regula-
tion, 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 
further advertisement. 
(e) The Secretary of Agriculture shall take such action as he may 
deem appropriate to obviate collusive practices in bidding for trees, 
portions of trees, or forest products from National Forest System 
lands, including but not limited to— 
(1) establishing adequate monitoring systems to promptly 
identify patterns of noncompetitive bidding; 
(2) requiring sealed bidding on all sales except where the Sec-
retary determines otherwise by regulation; and 
(3) requiring that a report of instances of such collusive prac-
tices or patterns of noncompetitive bidding be submitted to the 
Attorney General of the United States with any and all supporting 
data. 
(f) 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 when necessary, and supervision of har-
vesting 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 prod-
ucts and shall not be directly or indirectly in the employment of the 
purchaser thereof. 
(h) The Secretary of Agriculture shall develop utilization stand-
ards, methods of measurement, and harvesting practices for the 
removal of trees, portions of trees, or forest products to provide for 
Maps and 
prospectus. 
Contract. 
Ante, p. 2952. 
16 u s e 528 note 
Filing. 
Sales, 
advertisement. 
Collusive 
practices, 
obviation. 
Report, submittal 
to Attorney 
General. 
Rules and 
regulations. 
Standards, 
methods, and 
practices. 
90 STAT. 2960 
PUBLIC LAW 94-588—OCT. 22, 1976 
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 
Monetary 
resource management objectives in the affected area. To accomplish 
deposits. 
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 title 16, United States Code: Avid 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) (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 regu-
lations requiring that the notice of sale afford timber purchasers 
qualifying as "small business concerns" under the Small Business Act, 
as amended, 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: Provided^ That the provisions of this sub-
section shall not apply to sales of timber on National Forest System 
lands in the State of Alaska. 
(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 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. 
Effective date. 
(3) The provisions of this subsection shall become effective on 
October 1, 1976. 
VALIDATION OF TIMBER SALES CONTRACTS 
16 use476note. 
SEC. 15. (a) Timber sales made pursuant to the Act of June 4,1897 
(30 Stat. 35, as amended; 16 U.S.C. 476), prior to the date of enact-
ment of this section shall not be invalid if the timber was sold in 
accord with Forest Service silvicultural practices and sales procedures 
in effect at the time of the sale, subject to the provisions of subsection 
(b) of this section. 
Revision. 
(b) The Secretary of Agriculture is directed, in developing five-
year operating plans under the provisions of existing fifty-year timber 
sales contracts in Alaska, to revise such contracts to make them con-
sistent with the guidelines and standards provided for in the Forest 
Road 
construction, 
regulations. 
15 u s e 631 note. 
Alaskan lands, 
exception. 
Completion date. 
PUBLIC LAW 94-588—OCT. 22, 1976 
90 STAT. 29e»l 
and Rangeland Renewable Resources Planning Act of 1974, as 
amended, and to reflect such revisions in the contract price of timber. 
Any such action shall not be inconsistent with valid contract rights 
approved by the final judgment of a court of competent jurisdiction. 
16 use 1601 
note. 
PAYMENTS TO STATES FOR SCHOOLS AND ROADS 
SEC. 16. The sixth paragraph under the heading 
" F O R E S T 
S E R V I C E " in the Act of May 23, 1908, as amended, and section 13 
of the Act of March 1, 1911, as amended (35 Stat. 260, 36 Stat. 963, as 
amended; 16 U.S.C. 500), are each amended by adding at the end 
thereof, 
respectively, 
the 
following 
new 
sentence: 
"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.". 
"Moneys 
received." 
Projections, 
availability to 
States. 
ACQUISITION OF NATIONAL FOREST SYSTEM LANDS 
SEC. 17. (a) The Act of March 1, 1911 (36 Stat. 961), as amended 
(16 U.S.C. 480, 500, 513-517, 517a, 518, 519, 521, 552, 563), is amended 
as follows: 
(1) Section 4, as amended, is repealed, and all functions of the 
National Forest Reservation Commission are transferred to the 
Secretary of Agriculture. 
(2) Section 5 is repealed. 
(3) Section 6 is amended to read as follows: "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 pur-
pose of preserving the navigability of navigable streams.". 
(4) Section 7, as amended, is amended to read as follows: 
"When the public interests will be benefited thereby, the Secre-
tary of 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 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 
Repeal. 
Transfer of 
functions. 
16 use 513. 
Repeal. 
16 use 513. 
16 use 515. 
16 use 516. 
Land exchange. 
Notice, 
publication in 
newspapers. 
90 STAT. 2962 
PUBLIC LAW 94-588—OCT. 22, 1976 
16 use 518. 
Repeal. 
16 use 514. 
Forest land 
acquisitions, 
report to 
congressional 
committees. 
16 use 521b. 
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 Secre-
tary of Agriculture shall, upon acceptance, become pails of the 
national forests Avithin whose exterior boundaries they are 
located, and be subjected to all provisions of this Act.". 
(5) Section 9, as amended, is amended by striking out the fol-
lowing language in the first sentence: "the National Forest 
Reservation Commission and". 
(6) Section 14, as amended, is repealed. 
(b) For purposes of providing information that will aid the Con-
gress in its oversight responsibilities and improve the accountability of 
expenditures for the acquisition of forest land, the Secretary of Agri-
culture may not hereafter enter into any land purchase or exchange 
relating to the National Forest System of $25,000 or more for the types 
of lands which have been heretofore approved by the National Forest 
Reservation Commission until after 30 days from the date upon which 
a detailed report of the facts concerning such proposed purchase or 
transfer is submitted to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture and Forestry of 
the Senate or such earlier time as may be approved by both such com-
mittees. Such report shall contain at least the following: 
(1) guidelines utilized by the Secretary in determining that 
the land should be acquired; 
(2) the location and size of the land; 
(3) the purchase price of the land and the criteria used by the 
Secretary in determining such price; and 
(4) the person from whom the land is being acquired. 
AMENDMENT TO THE KNUTSON-VANDENBERG ACT 
SEC. 18. Section 3 of the Act of June 9,1930 (46 Stat. 527; 16 U.S.C. 
576b), is amended— 
(a) by striking out the word "or" immediately before "(3)" 
in the first sentence thereof; and 
(b) by striking out in the first sentence thereof the colon pre-
ceding the proviso and all that follows down through "three years" 
and inserting in lieu thereof the following: ", or (4) protecting 
and improving the future productivity of the renewable resources 
of the forest land on such sale area, including sale area improve-
ment operations, maintenance and construction, reforestation and 
wildlife habitat management". 
Short title. 
16 u s e 528 note. 
A M E N D M E N T TO T H E ACT OF JUNE 12, 1960 
SEC. 19. The Act of June 12,1960 (74 Stat. 215; 16 U.S.C. 528-531), 
is amended by adding at the end thereof the following new section: 
"SEC. 5. This Act may be cited as the 'Multiple-LTse Sustained-Yield 
Act of I960'.". 
PUBLIC LAW 94-588—OCT. 22, 1976 
90 STAT. 2963 
PLAN FOK CONTROL OF DUTCH ELM DISEASE 
SEC. 20. The Secretary of Agriculture, in consultation with officials 
of both the States and political subdivisions thereof, shall conduct a 
study of the incidence of Dutch elm disease and evaluate methods for 
controlling the spread of such disease. The Secretary shall prepare and 
submit to tlie Piesident and both Houses of the Congress on or before 
March 1,1977, a report which includes— 
(1) the results of such study; 
(2) plans for further research into the control of Dutch elm 
disease; and 
(3) an action plan which includes a program of outreach and 
public information about the disease, and recommendations for 
controlling the spread of the disease. 
Study, 
evaluation. 
16 use 594-2 
note. 
Report, submittiil 
to President and 
Congress. 
SEVERABILITY 
SEC. 21. If any provision of this Act or the application thereof to any 
person or circumstances is held invalid, the validity of the remainder 
of the Act and of the application of such provision to other persons and 
circumstances shall not be affected thereby. 
Approved October 22, 1976. 
16 use 1600 
note. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1478, pt. 1 accompanying H.R. 15069 (eomm. on 
Agriculture) and No. 94-1478, pt. 2 accompanying H.R. 15069 
(Comm. on Interior and Insular Affairs) and No. 94-1735 (Comm. 
of Conference). 
SENATE REPORTS: No. 94-893 (Comm. on Agriculture and Forestry) and No. 94-905 
(Comm. on Interior and Insular Affairs) and No. 94-1335 (Comm. 
of Conference). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Aug. 25, considered and passed Senate. 
Sept. 15, 17, considered and passed House, amended, in lieu of H.R. 15069. 
Sept. 30, Senate and House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 44: 
Oct. 22, Presidential statement.