An Act to enable the Secretary of Agriculture to construct and maintain an adequate system of roads and trails for the national forests, and for other purposes
PL 88-657 (S.1147), enacted 10/13/1964

Easements. 
Secretary of 
78 STAT. ] 
PUBLIC LAW 88-657-OCT. 13, 1964 
1089 
Public Law 88-657 
AN ACT 
October 13, 1964 
To enable the Secretary of Agriculture to construct and maintain an adequate 
^^' ^^"^^^ 
system of roads and trails for the national forests, and for other purposes. 
Be It enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Congress ^^^''°^^^^^^^-l' 
hereby finds and declares that the construction and maintenance of system.^ ^" 
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 oe 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 Secre-
tary) to provide for intensive use, protection, development, and man-
agement of these lands under principles of multiple use and sustained 
yield of products and services. 
SEC. 2. The Secretary is authorized, under such regulations as he may 
prescribe, subject to the provisions of this Act, to grant permanent or Agrlcult^e, 
temporary easements for specified periods or otherwise for road rights- authority. 
of-way (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 Departitient of Agriculture has rights under the terms of 
the grant to it. 
SEC. 3. An easement granted under this Act 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. 
SEC. 4. The Secretary is authorized to provide for the acc[uisition, „e^7ro^idt^^^^°^" 
construction, and maintenance of forest development 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 require-
ments 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 agen-
cies or persons, or (4) by a combination of these methods: Provuted, 
That where roads of a higher standard than that needed in the harvest-
ing 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. 
SEC. 5. Copies of all instruments affecting permanent interests in reJordin"^"*'' 
land executed pursuant to this Act shall be recorded in each county '^^''"'^ '"^' 
where the lands are located. Copies of all instruments affecting inter-
ests in lands reserved from the public domain shall be furnished to the 
Secretary of the Interior. 
1090 
PUBLIC LAW 88-658-OCT. 13, 1964 
[78 STAT. 
Maintenance and 
reconstruction by 
road users. 
Fund. 
SEC. 6. The Secretary may require the user or users of a road under 
tlie 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 re-
construction 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 reconstruc-
tion. Deposits made to cover the maintenance or reconstruction of 
roads are hereby made available until expended to cover the cost to the 
T'^nited States of accomplishing the purposes for which deposited: 
Provided^ That deposits received for work on adjacent and over-
lapping areas may 1)6 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 bal-
ances upon accomplishment of the purpose for which deposited shall 
be transferred to miscellaneous receipts or refunded. 
SEC. 7. Whenever the agreement under which the United States has 
obtained for the use of, or in connection with, the naitional forests and 
other lands administered by the Forest Service a right-of-way 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. 
Approved October 13, 1964. 
October 13, 1964 
[S. 2968] 
Highway repair 
and reconstruc-
tion. 
Federal share. 
73 Stat. 613. 
Public Law 88-658 
AN ACT 
To amend subsection 120(f) of title 23, United States Code. 
Be It enacted hy the Sen/ite and House of Representatives 
of the 
United States of America 
in Congress assembled^ That subsection 
120(f) of title 23, United States Code, is amended to read as follows: 
" (f) The Federal share payable on account of any repair or recon-
struction provided for by funds made available under section 125 of 
this title shall not exceed 50 per centum of the cost thereof: Provided^ 
That, in the case of any State containing nontaxable Indian lands, 
individual and tribal, and public domain lands (both reserved and 
unreserved) exclusive of national forests and national parks and monu-
ments exceeding 5 per centum of the total area of all lands therein, the 
Federal share shall be increased by a percentage of the remaining cost 
equal to the percentage that the area of all such lands in such State, is 
of its total area: Provided further^ That the Federal share payable on 
account of any repair or reconstruction of forest highways, forest 
development roads and trails, park roads and trails, and Indian res-
ervation roads may amount to 100 per centum of the cost thereof, 
whether or not such highways, roads, or trails are on any Federal-aid 
highway system. Any project agreement for which the final voucher 
has not been approved by the Secretary on or before the date of this 
Act may be modified to provide for the Federal share authorized 
herein." 
Approved October 13, 1964.