16 USC 1645 (c)

§ 1544

TITLE 16—CONSERVATION

vision of the Marine Mammal Protection Act of
1972 [16 U.S.C. 1361 et seq.].

Sec.

(Pub. L. 93–205, § 17, Dec. 28, 1973, 87 Stat. 903.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81
Stat. 884, as amended, known as the ‘‘Endangered Species Act of 1973’’, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1531 of
this title and Tables.
The Marine Mammal Protection Act of 1972, referred
to in text, is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027,
as amended, which is classified generally to chapter 31
(§ 1361 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1361 of this title and Tables.

1602.

1603.

1604.

§ 1544. Annual cost analysis by Fish and Wildlife
Service
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.
(Pub. L. 93–205, § 18, as added Pub. L. 100–478,
title I, § 1012, Oct. 7, 1988, 102 Stat. 2314; amended
Pub. L. 106–201, § 1(a), May 18, 2000, 114 Stat. 307.)
AMENDMENTS
2000—Pub. L. 106–201, in introductory provisions, substituted ‘‘Notwithstanding section 3003 of Public Law
104–66 (31 U.S.C. 1113 note; 109 Stat. 734), on’’ for ‘‘On’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–201, § 1(b), May 18, 2000, 114 Stat. 307, provided that: ‘‘The amendment made by this section
[amending this section] takes effect on the earlier of—
‘‘(1) the date of enactment of this Act [May 18,
2000]; or
‘‘(2) December 19, 1999.’’
1605.

CHAPTER 36—FOREST AND RANGELAND
RENEWABLE RESOURCES PLANNING
SUBCHAPTER I—PLANNING
Sec.

1600.
1601.

Congressional findings.
Renewable Resource Assessment.
(a) Preparation by Secretary of Agriculture; time of preparation, updating and contents.
(b) Omitted.
(c) Contents of Assessments.
(d) Public
involvement;
consultation
with governmental departments and
agencies.

Page 1764

1606.

(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.
(e) Report on herbicides and pesticides.
Renewable Resource Program; preparation by
Secretary of Agriculture and transmittal to
President; purpose and development of program; time of preparation, updating and
contents.
National Forest System resource inventories;
development, maintenance, and updating by
Secretary of Agriculture as part of Assessment.
National Forest System land and resource
management plans.
(a) Development, maintenance, and revision by Secretary of Agriculture as
part of program; coordination.
(b) Criteria.
(c) Incorporation of standards and guidelines by Secretary; time of completion; progress reports; existing
management plans.
(d) Public participation in management
plans; availability of plans; public
meetings.
(e) Required assurances.
(f) Required provisions.
(g) Promulgation of regulations for development and revision of plans; environmental
considerations;
resource
management
guidelines;
guidelines for land management
plans.
(h) Scientific committee to aid in promulgation of regulations; termination; revision committees; clerical and technical assistance; compensation of committee members.
(i) Consistency of resource plans, permits, contracts, and other instruments with land management plans;
revision.
(j) Effective date of land management
plans and revisions.
(k) Development of land management
plans.
(l) Program evaluation; process for estimating long-term costs and benefits; summary of data included in
annual report.
(m) Establishment of standards to ensure
culmination of mean annual increment of growth; silvicultural practices; salvage harvesting; exceptions.
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.
Budget requests by President for Forest Service activities.
(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.

Page 1765

TITLE 16—CONSERVATION

Sec.

1606a.

1607.

1608.

1609.

1610.

1611.

1612.

1613.
1614.
1641.

1642.

§ 1544

Sec.

(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.
(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.
(d) Required contents of annual evaluation report.
(e) Additional required contents of annual evaluation report.
(f) Form of annual evaluation report.
Reforestation Trust Fund.
(a) Establishment; source of funds.
(b) Transfer of certain tariff receipts to
Trust Fund; fiscal year limitation;
quarterly transfers; adjustment of
estimates.
(c) Report to Congress; printing as House
and Senate document; investments;
sale and redemption of obligations;
credits for Trust Fund.
(d) Obligations from Trust Fund.
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.
National Forest Transportation System.
(a) Congressional declaration of policy;
time for development; method of financing; financing of forest development roads.
(b) Construction of temporary roadways
in connection with timber contracts, and other permits or leases.
(c) Standards of roadway construction.
National Forest System.
(a) Congressional declaration of constituent elements and purposes;
lands etc., included within; return
of lands to public domain.
(b) Location of Forest Service offices.
Implementation of provisions by Secretary of
Agriculture; utilization of information and
data of other organizations; avoidance of
duplication of planning, etc.; ‘‘renewable resources’’ defined.
Timber.
(a) Limitations on removal; variations in
allowable sale quantity; public participation.
(b) Salvage harvesting.
Public participation.
(a) Adequate notice and opportunity to
comment.
(b) Advisory boards.
Promulgation of regulations.
Severability.
SUBCHAPTER II—RESEARCH
Findings and purpose.
(a) Findings.
(b) Relationship to other law.
(c) Purpose.
Investigations, experiments, tests, and other
activities.
(a) Authorization; scope and purposes of
activities.
(b) Development of periodic Renewable
Resource Assessment through survey and analysis of conditions; implementation; authorization of appropriations.

1643.

1644.

1645.

1646.
1647.

1648.

1649.

1650.

(c) Program of research and study relative to health and productivity of
domestic forest ecosystems; advisory committee; reports.
(d) High priority forestry and rangeland
research and education.
(e) Forest inventory and analysis.
Implementation of provisions.
(a) Establishment and maintenance of research facilities; acquisition, expenditures, etc., for property.
(b) Acceptance, holding, and administration of gifts, donations, and bequests; use and investment of gifts,
proceeds, etc.; funding requirements.
(c) Cooperation with international, Federal, State, and other governmental
agencies, public and private agencies, etc.; funding requirements for
contributions from cooperators.
Forestry and rangeland competitive research
grants.
(a) Competitive grant authority.
(b) Emphasis on certain high priority forestry research.
(c) Emphasis on certain high priority
rangeland research.
(d) Priorities.
General provisions.
(a) Availability of funds to cooperators
and grantees.
(b) Coordination of cooperative aid and
grants with other aid and grant authorities.
(c) Dissemination of knowledge and technology developed from research activities; cooperation with specified
entities.
(d) Additional implementative authorities.
(e) Construction of statutory provisions.
(f) Definitions.
Authorization of appropriations.
Other Federal programs.
(a) Repeal of statutory authorities relating to investigation, experiments,
and tests in reforestation and forest
products.
(b) Force and effect of cooperative and
other agreements under repealed
statutory authorities relating to investigation, etc., in reforestation
and forest products.
(c) Issuance of rules and regulations for
implementation of provisions and
coordination with agricultural research, extension, and teaching provisions.
(d) Availability of funds appropriated
under repealed statutory authorities relating to investigation, etc.,
in reforestation and forest products.
Recycling research.
(a) Findings.
(b) Recycling research program.
(c) Authorization of appropriations.
Forestry Student Grant Program.
(a) Establishment.
(b) Student grants.
(c) Eligibility.
(d) Authorization of appropriations.
Hardwood technology transfer and applied research.
(a) Authority of Secretary.
(b) Grants, contracts, and cooperative
agreements; gifts and donations.
(c) Use of assets of Wood Education and
Resource Center; establishment of
Institute of Hardwood Technology
Transfer and Applied Research.

§ 1600

TITLE 16—CONSERVATION

Sec.

(d) Generation of revenue; deposit into
Hardwood Technology Transfer and
Applied Research Fund.
(e) Authorization of appropriations.
SUBCHAPTER III—EXTENSION PROGRAMS
1671.
1672.

1673.

1674.

1674a.
1674b.
1675.
1676.

Congressional statement of findings.
General program authorization.
(a) Types of programs; preconditions and
cooperation with State program directors, etc.
(b) ‘‘Eligible colleges and universities’’
defined.
(c) Use of appropriate educational methods required; scope of methods.
State programs.
(a) Development by State program director, etc., of comprehensive and coordinated program by mutual agreement; consultations; review procedure.
(b) Encouragement by State director,
etc., of cooperation between county
and State extension staffs and appropriate Federal and State agencies and organizations.
(c) Administration and coordination of
program by State director; exception.
(d) Appointment and use of advisory
committees by State director, etc.;
composition of advisory committees.
(e) ‘‘State’’ defined.
Renewable Resources Extension Program
plan.
(a) Preparation and submission to Congress; purposes; contents.
(b) Considerations governing preparation.
(c) Omitted.
(d) Review of activities and evaluation of
progress.
Expanded programs.
(a) In general.
(b) Activities.
Sustainable Forestry Outreach Initiative.
Authorization of appropriations; criteria for
eligibility of States for funds.
Issuance of rules and regulations for implementation of provisions and coordination
with agricultural, research, extension, and
teaching provisions.

SUBCHAPTER IV—WOOD RESIDUE UTILIZATION
1681.
1682.
1683.
1684.
1685.
1686.
1687.

Congressional statement of purpose.
Pilot projects and demonstrations.
(a) Establishment, implementation.
(b) Scope; residue removal credits.
Pilot projects; requirements; residue removal
credits as compensation; implementation
guidelines.
Annual reports.
Regulations.
Definitions.
Authorization of appropriations.

SUBCHAPTER I—PLANNING
§ 1600. Congressional findings
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 co-

Page 1766

operation 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
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.
(Pub. L. 93–378, § 2, as added Pub. L. 94–588, § 2,
Oct. 22, 1976, 90 Stat. 2949.)
REFERENCES IN TEXT
The Multiple-Use Sustained-Yield Act of 1960, referred to in par. (3), is Pub. L. 86–517, June 12, 1960, 74
Stat. 215, as amended, which is classified generally to
sections 528 to 531 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 528 of this title and Tables.
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100–521, § 1, Oct. 24, 1988, 102 Stat. 2601, provided that: ‘‘This Act [amending section 1642 of this
title and enacting provisions set out as a note under
section 1642 of this title] may be cited as the ‘Forest
Ecosystems and Atmospheric Pollution Research Act of
1988’.’’

Page 1781

§ 1641

TITLE 16—CONSERVATION

‘‘(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 (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).’’

§ 1613. Promulgation of regulations
The Secretary of Agriculture shall prescribe
such regulations as he determines necessary and
desirable to carry out the provisions of this subchapter.

(Pub. L. 93–378, § 15, as added Pub. L. 94–588, § 11,
Oct. 22, 1976, 90 Stat. 2958.)
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture
under this subchapter to Federal Inspector, Office of
Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of
Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out
under section 1601 of this title.

§ 1614. Severability
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.
(Pub. L. 93–378, § 16, as added Pub. L. 94–588, § 11,
Oct. 22, 1976, 90 Stat. 2958.)
SUBCHAPTER II—RESEARCH
§ 1641. Findings and purpose
(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 productivity-related 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 do-

§ 1642

TITLE 16—CONSERVATION

mestic 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 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.
(Pub. L. 95–307, § 2, June 30, 1978, 92 Stat. 353;
Pub. L. 101–513, title VI, § 611(a)(1), formerly
§ 607(a)(1), Nov. 5, 1990, 104 Stat. 2072, renumbered
§ 611(a)(1), Pub. L. 102–574, § 2(a)(1), Oct. 29, 1992,
106 Stat. 4593; Pub. L. 105–185, title II, § 253(a),
June 23, 1998, 112 Stat. 558.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–307, June 2, 1978, 92
Stat. 353, as amended, known as the Forest and Rangeland Renewable Resources Research Act of 1978, which
enacted this subchapter, repealed sections 581 to 581i of
this title, and enacted provisions set out as a note
under section 1641 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 1600 of this title and Tables.
The Forest and Rangeland Renewable Resources
Planning Act of 1974, referred to in subsec. (b), is Pub.
L. 93–378, Aug. 17, 1974, 88 Stat. 476, as amended, which
is classified generally to subchapter I (§ 1600 et seq.) of
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
1600 of this title and Tables.
AMENDMENTS
1998—Pub. L. 105–185 inserted section catchline, added
subsec. (a), and struck out former subsec. (a) which
read as follows:
‘‘(1) Congress finds that scientific discoveries and
technological advances must be made and applied to
support the protection, management, and utilization of
the Nation’s renewable resources. It is the purpose of
this subchapter to authorize the Secretary of Agriculture (hereinafter in this subchapter referred to as
the ‘Secretary’) to implement a comprehensive program of forest and rangeland renewable resources research and dissemination of the findings of such research.

Page 1782

‘‘(2) Congress further finds that the forest and rangeland renewable resources of the world are threatened
by deforestation due to conversion to agriculture of
lands better suited to other uses, over-grazing, overharvesting, and other causes that pose a direct adverse
threat to people, the global environment, and the world
economy.’’
1990—Subsecs. (a), (c). Pub. L. 101–513 designated existing provisions of subsec. (a) as par. (1), added par. (2),
and added subsec. (c).
EFFECTIVE DATE
Section 9 of Pub. L. 95–307 which provided that Pub.
L. 95–307 (enacting this subchapter, repealing sections
581 to 581i of this title, and enacting provisions set out
as a note under section 1600 of this title) is effective
Oct. 1, 1978, was amended generally by Pub. L. 101–624
and is classified to section 1648 of this title.
SHORT TITLE
For short title of Pub. L. 95–307, June 30, 1978, 92 Stat.
353, as the Forest and Rangeland Renewable Resources
Research Act of 1978, see Short Title of 1978 Amendment note set out under section 1600 of this title.

§ 1642. Investigations, experiments, tests, and
other activities
(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; 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.

Page 1783

TITLE 16—CONSERVATION

(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
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—

§ 1642

(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 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;

§ 1642

TITLE 16—CONSERVATION

(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 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.

Page 1784

(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
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

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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, 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 re-

quired by paragraph (2) within the first 5year 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.
(Pub. L. 95–307, § 3, June 30, 1978, 92 Stat. 353;
Pub. L. 96–294, title II, § 254, June 30, 1980, 94
Stat. 707; Pub. L. 100–521, § 3, Oct. 24, 1988, 102
Stat. 2601; Pub. L. 101–624, title XII, § 1241(a),
Nov. 28, 1990, 104 Stat. 3544; Pub. L. 105–185, title
II, § 253(b), (c), June 23, 1998, 112 Stat. 559; Pub. L.
105–277, div. A, § 101(a) [title VII, § 753(a)], Oct. 21,
1998, 112 Stat. 2681, 2681–32.)
REFERENCES IN TEXT
The Federal revenue codes, referred to in subsec.
(d)(2), are classified generally to Title 26, Internal Revenue Code.
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–185, § 253(b), added subsec. (d) and struck out former subsec. (d) which read as
follows: ‘‘The Secretary is authorized to conduct, support, and cooperate in studies and other activities the
Secretary deems necessary to—
‘‘(1) evaluate renewable resource management problems associated with urban-forest interface;
‘‘(2) assess effects of changes in Federal revenue
codes on private forest management and investment;
and
‘‘(3) develop improved delivery systems for information and technical assistance provided to private
landowners.’’
Subsec. (d)(3). Pub. L. 105–277 substituted ‘‘At the request of the Governor of the State of Maine, New
Hampshire, New York, or Vermont, the Secretary’’ for
‘‘The Secretary’’.
Subsec. (e). Pub. L. 105–185, § 253(c), added subsec. (e).
1990—Subsec. (a)(1). Pub. L. 101–624, § 1241(a)(1), inserted ‘‘, including activities for encouraging improved
reforestation of forest lands from which timber has
been harvested’’ after ‘‘purposes’’.
Subsec. (b). Pub. L. 101–624, § 1241(a)(2), designated existing provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 101–624, § 1241(a)(3), added subsec.
(d).
1988—Subsec. (c). Pub. L. 100–521 added subsec. (c).
1980—Subsec. (a)(1). Pub. L. 96–294, § 254(1), inserted
applicability to energy production and energy conservation activities.
Subsec. (a)(4). Pub. L. 96–294, § 254(2), inserted applicability to producing and conserving energy.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–277 effective June 23, 1998,
see section 101(a) [title VII, § 753(f)] of Pub. L. 105–277,
set out as a note under section 343 of Title 7, Agriculture.
SOUTHERN FOREST REGENERATION PROGRAM
Section 1242 of Pub. L. 101–624 provided that:
‘‘(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 re-

§ 1643

TITLE 16—CONSERVATION

ferred 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.’’
SEMIARID AGROFORESTRY RESEARCH CENTER
Section 1243 of Pub. L. 101–624 provided that:
‘‘(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 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

Page 1786

‘‘(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.’’
FOREST ECOSYSTEMS AND ATMOSPHERIC POLLUTION
RESEARCH; CONGRESSIONAL FINDINGS
Section 2 of Pub. L. 100–521 provided that: ‘‘Congress
finds that—
‘‘(1) the health and productivity of forests in certain regions of the United States are declining;
‘‘(2) there is a special concern about the decline of
certain hardwood species, particularly sugar maples
and oaks, in the eastern United States and the effects
of atmospheric pollutants on the health and productivity of these forests;
‘‘(3) declines in the productivity of certain commercially important Southern pine species have been
measured;
‘‘(4) existing research indicates that atmospheric
pollution, including ozone, acidic deposition, and
heavy metals, may contribute to this decline;
‘‘(5) there is an urgent need to expand and better
coordinate existing Federal, State, and private research, including research by private industry, to determine the cause of changes in the health and productivity of domestic forest ecosystems and to monitor and evaluate the effects of atmospheric pollutants on such ecosystems; and
‘‘(6) such research and monitoring should not impede efforts to control atmospheric pollutants.’’

§ 1643. Implementation of provisions
(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 United States, or (2)

Page 1787

§ 1645

TITLE 16—CONSERVATION

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.
(Pub. L. 95–307, § 4(a)–(c), June 30, 1978, 92 Stat.
354, 355; Pub. L. 101–513, title VI, § 611(a)(2), formerly § 607(a)(2), Nov. 5, 1990, 104 Stat. 2072, renumbered § 611(a)(2), Pub. L. 102–574, § 2(a)(1),
Oct. 29, 1992, 106 Stat. 4593.)
AMENDMENTS
1990—Subsec. (c). Pub. L. 101–513, which directed
amendment of ‘‘the first section of’’ this subsection by
inserting ‘‘international,’’ before ‘‘Federal’’, was executed by making the insertion in the first sentence of
this subsection to reflect the probable intent of Congress.

§ 1644. Forestry and rangeland competitive research grants
(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, 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.
(Pub. L. 95–307, § 5, June 30, 1978, 92 Stat. 355;
Pub. L. 105–185, title II, § 253(d), June 23, 1998, 112
Stat. 561.)
AMENDMENTS
1998—Pub. L. 105–185 substituted section catchline for
former section catchline, designated existing provisions as subsec. (a) and inserted heading, and added
subsecs. (b) to (d).

§ 1645. General provisions
(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

§ 1646

TITLE 16—CONSERVATION

Page 1788

subchapter with cooperative aid and grants the
Secretary makes under any other authority.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS

(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.

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

(d) Additional implementative authorities
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 shortterm 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.
(Pub. L. 95–307, § 6, June 30, 1978, 92 Stat. 355.)
CODIFICATION
In subsec. (a), ‘‘section 3324(a) and (b) of title 31’’ substituted for ‘‘section 3648 of the Revised Statutes (31
U.S.C. 529)’’ on authority of Pub. L. 97–258, § 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.

§ 1646. Authorization of appropriations
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.
(Pub. L. 95–307, § 7, June 30, 1978, 92 Stat. 356.)
§ 1647. Other Federal programs
(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 McSweeney-McNary Act shall
remain in effect until revoked or amended by
their own terms 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.
(Pub. L. 95–307, § 8, June 30, 1978, 92 Stat. 356.)
REFERENCES IN TEXT
The Food and Agriculture Act of 1977, referred to in
subsec. (c), is Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 913,
as amended. Title XIV of the Food and Agriculture Act
of 1977, known as the ‘‘National Agricultural Research,
Extension, and Teaching Policy Act of 1977’’, is classified principally to chapter 64 (§ 3101 et seq.) of Title 7,
Agriculture. For complete classification of this title to
the Code, see Short Title note set out under section
3101 of Title 7 and Tables.

§ 1648. Recycling research
(a) Findings
Congress finds that—
(1) the United States is amassing vast
amounts of solid wastes, which is presenting
an increasing problem for municipalities in locating suitable disposal sites;

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TITLE 16—CONSERVATION

(2) a large proportion of these wastes consists of paper and other wood wastes;
(3) less than one-third of these paper and
wood wastes are recycled;
(4) additional recycling would result in reduced solid waste landfill disposal and would
contribute to a reduced rate of removal of
standing timber from forest lands; and
(5) additional research is needed to develop
technological advances to address barriers to
increased recycling of paper and wood wastes
and utilization of products consisting of recycled materials.
(b) Recycling research program
The Secretary is authorized to conduct, support, and cooperate in an expanded wood fiber
recycling research program, including the acquisition of necessary equipment. The Secretary
shall seek to ensure that the program includes
the cooperation and support of private industry
and that program goals include the application
of such research to industry and consumer
needs.
(c) Authorization of appropriations
In addition to any other funds made available
to implement section 1642 of this title, for the 5year period beginning on October 1, 1990, there
are authorized to be appropriated annually
$10,000,000 to implement this section.
(Pub. L. 95–307, § 9, as added Pub. L. 101–624, title
XII, § 1241(b), Nov. 28, 1990, 104 Stat. 3544.)
PRIOR PROVISIONS
A prior section 9 of Pub. L. 95–307, June 30, 1978, 92
Stat. 357, provided the effective date for Pub. L. 95–307
and was set out as a note under section 1641 of this
title, prior to general amendment by Pub. L. 101–624.

§ 1649. Forestry Student Grant Program
(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.

§ 1650

(Pub. L. 95–307, § 10, as added Pub. L. 101–624,
title XII, § 1252, Nov. 28, 1990, 104 Stat. 3553.)
§ 1650. Hardwood technology transfer and applied research
(a) Authority of Secretary
The Secretary of Agriculture (hereinafter the
‘‘Secretary’’) is hereby and hereafter authorized
to conduct technology transfer and development, training, dissemination of information
and applied research in the management, processing and utilization of the hardwood forest resource. This authority is in addition to any
other authorities which may be available to the
Secretary including, but not limited to, the Cooperative Forestry Assistance Act of 1978, as
amended (16 U.S.C. 2101 et seq.), and the Forest
and Rangeland Renewable Resources Act of 1978,
as amended (16 U.S.C. 1600–1614).1
(b) Grants, contracts, and cooperative agreements; gifts and donations
In carrying out this authority, the Secretary
may enter into grants, contracts, and cooperative agreements with public and private agencies, organizations, corporations, institutions
and individuals. The Secretary may accept gifts
and donations pursuant to section 2269 of title 7
including gifts and donations from a donor that
conducts business with any agency of the Department of Agriculture or is regulated by the
Secretary of Agriculture.
(c) Use of assets of Wood Education and Resource Center; establishment of Institute of
Hardwood Technology Transfer and Applied
Research
The Secretary is hereby and hereafter authorized to operate and utilize the assets of the
Wood Education and Resource Center (previously named the Robert C. Byrd Hardwood
Technology Center in West Virginia) as part of
a newly formed ‘‘Institute of Hardwood Technology Transfer and Applied Research’’ (hereinafter the ‘‘Institute’’). The Institute, in addition
to the Wood Education and Resource Center,
will consist of a Director, technology transfer
specialists from State and Private Forestry, the
Forestry Sciences Laboratory in Princeton,
West Virginia, and any other organizational
unit of the Department of Agriculture as the
Secretary deems appropriate. The overall management of the Institute will be the responsibility of the Forest Service, State and Private
Forestry.
(d) Generation of revenue; deposit into Hardwood Technology Transfer and Applied Research Fund
The Secretary is hereby and hereafter authorized to generate revenue using the authorities
provided herein. Any revenue received as part of
the operation of the Institute shall be deposited
into a special fund in the Treasury of the United
States, known as the ‘‘Hardwood Technology
Transfer and Applied Research Fund’’, which
shall be available to the Secretary until expended, without further appropriation, in furtherance of the purposes of this section, includ1 So

in original.

§ 1671

TITLE 16—CONSERVATION

Page 1790

ing upkeep, management, and operation of the
Institute and the payment of salaries and expenses.
(e) Authorization of appropriations
There are hereby and hereafter authorized to
be appropriated such sums as necessary to carry
out the provisions of this section.

available to the Secretary until expended, without further appropriation, in furtherance of the purposes of
this section, including upkeep, management, and operation of the Institute and the payment of salaries and
expenses.
‘‘(f) There are hereby authorized to be appropriated
such sums as necessary to carry out the provisions of
this section.’’

(Pub. L. 106–113, div. B, § 1000(a)(3) [title III,
§ 332], Nov. 29, 1999, 113 Stat. 1535, 1501A–197.)

SUBCHAPTER III—EXTENSION PROGRAMS

REFERENCES IN TEXT
The Cooperative Forestry Assistance Act of 1978, referred to in subsec. (a), is Pub. L. 95–313, July 1, 1978, 92
Stat. 365, as amended, which is classified principally to
chapter 41 (§ 2101 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 2101 of this title and Tables.
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 2000,
and not as part of the Forest and Rangeland Renewable
Resources Research Act of 1978 which comprises this
subchapter.
HARDWOOD TECHNOLOGY TRANSFER AND APPLIED
RESEARCH
Pub. L. 105–277, div. A, § 101(e) [title III, § 343], Oct. 21,
1998, 112 Stat. 2681–231, 2681–297, provided that:
‘‘(a) The Secretary of Agriculture (hereinafter the
‘Secretary’) is hereby authorized to conduct technology
transfer and development, training, dissemination of
information and applied research in the management,
processing and utilization of the hardwood forest resource. This authority is in addition to any other authorities which may be available to the Secretary including, but not limited to, the Cooperative Forestry
Assistance Act of 1978, as amended (16 U.S.C. 2101 et.
seq.), and the Forest and Rangeland Renewable Resources Act of 1978, as amended (16 U.S.C. 1600–1614).
‘‘(b) In carrying out this authority, the Secretary
may enter into grants, contracts, and cooperative
agreements with public and private agencies, organizations, corporations, institutions and individuals. The
Secretary may accept gifts and donations pursuant to
the Act of October 10, 1978 (7 U.S.C. 2269) including gifts
and donations from a donor that conducts business
with any agency of the Department of Agriculture or is
regulated by the Secretary of Agriculture.
‘‘(c) The Secretary is authorized, on such terms and
conditions as the Secretary may prescribe, to assume
all rights, title, and interest, including all outstanding
assets, of the Robert C. Byrd Hardwood Technology
Center, Inc. (hereinafter the ‘Center’), a non-profit corporation existing under the laws of the State of West
Virginia: Provided, That the Board of Directors of the
Center requests such an action and dissolves the corporation consistent with the Articles of Incorporation
and the laws of the State of West Virginia.
‘‘(d) The Secretary is authorized to operate and utilize the assets of the Center as part of a newly formed
‘Institute of Hardwood Technology Transfer and Applied Research’ (hereinafter the ‘Institute’). The Institute, in addition to the Center, will consist of a Director, technology transfer specialists from State and Private Forestry, the Forestry Sciences Laboratory in
Princeton, West Virginia, and any other organizational
unit of the Department of Agriculture as the Secretary
deems appropriate. The overall management of the Institute will be the responsibility of the USDA Forest
Service, State and Private Forestry.
‘‘(e) The Secretary is authorized to generate revenue
using the authorities provided herein. Any revenue received as part of the operation of the Institute shall be
deposited into a special fund in the Treasury of the
United States, known as the ‘Hardwood Technology
Transfer and Applied Research Fund’, which shall be

TERMINATION OF SUBCHAPTER
For termination of subchapter by section 8 of
Pub. L. 95–306, see Effective and Termination
Dates note set out under section 1671 of this
title.
§ 1671. Congressional statement of findings
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 subchapter 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.
(Pub. L. 95–306, § 2, June 30, 1978, 92 Stat. 349.)
EFFECTIVE AND TERMINATION DATES
Pub. L. 95–306, § 8, June 30, 1978, 92 Stat. 352, as
amended by Pub. L. 100–231, § 2(2), Jan. 5, 1988, 101 Stat.
1565; Pub. L. 107–171, title VIII, § 8101(b)(2), May 13, 2002,
116 Stat. 475, provided that: ‘‘The provisions of this Act
[enacting this subchapter and provision set out as a
note under section 1600 of this title] shall be effective
for the period beginning October 1, 1978, and ending
September 30, 2007.’’
SHORT TITLE
For short title of Renewable Resources Extension Act
of 1978, see Short Title of 1978 Amendment note set out
under section 1600 of this title.