RPA NFMA Key Sections

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State Petitions for Inventoried Roadless Area Management

RPA NFMA Key Sections

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[Laws in effect as of January 3, 2005]

[Document not affected by Public Laws enacted between

January 3, 2005 and June 19, 2006]

[CITE: 16USC1600]

TITLE 16--CONSERVATION

CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I--PLANNING

Sec. 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 cooperation with other agencies,

assessing the Nation's renewable resources, and developing and

preparing a national renewable resource program, which is

periodically reviewed and updated;

(3) to serve the national interest, the renewable resource

program must be based on a comprehensive assessment of present and

anticipated uses, demand for, and supply of renewable resources from

the Nation's public and private forests and rangelands, through

analysis of environmental and economic impacts, coordination of

multiple use and sustained yield opportunities as provided in the

Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C.

528-531), and public participation in the development of the

program;

(4) the new knowledge derived from coordinated public and

private research programs will promote a sound technical and

ecological base for effective management, use, and protection of the

Nation's renewable resources;

(5) inasmuch as the majority of the Nation's forests and

rangeland is under private, State, and local governmental management

and the Nation's major capacity to produce goods and services is

based on these nonfederally managed renewable resources, the Federal

Government should be a catalyst to encourage and assist these owners

in the efficient long-term use and improvement of these lands and

their renewable resources consistent with the principles of

sustained yield and multiple use;

(6) the Forest Service, by virtue of its statutory authority for

management of the National Forest System, research and cooperative

programs, and its role as an agency in the Department of

Agriculture, has both a responsibility and an opportunity to be a

leader in 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, Sec. 2, as added Pub. L. 94-588, Sec. 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, Sec. 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'.''

Pub. L. 100-231, Sec. 1, Jan. 5, 1988, 101 Stat. 1565, provided

that: ``This Act [amending sections 1674 and 1675 of this title and

provisions set out as a note under section 1671 of this title] may be

cited as the `Renewable Resources Extension Act Amendments of 1987'.''

Short Title of 1980 Amendment

Pub. L. 96-554, Sec. 1, Dec. 19, 1980, 94 Stat. 3257, provided:

``That this Act [enacting subchapter IV of this chapter and enacting

provision set out as a note under section 1681 of this title] may be

cited as the `Wood Residue Utilization Act of 1980'.''

Short Title of 1978 Amendments

Pub. L. 95-307, Sec. 1, June 30, 1978, 92 Stat. 353, provided:

``That this Act [enacting subchapter II of this chapter, repealing

sections 581 to 581i of this title, and enacting provisions set out as a

note under section 1641 of this title] may be cited as the `Forest and

Rangeland Renewable Resources Research Act of 1978'.''

Pub. L. 95-306, Sec. 1, June 30, 1978, 92 Stat. 349, provided:

``That this Act [enacting subchapter III of this chapter and provision

set out as a note under section 1671 of this title] may be cited as the

`Renewable Resources Extension Act of 1978'.''

Short Title of 1976 Amendment

Section 1 of Pub. L. 94-588 provided: ``That this Act [enacting this

section and sections 472a, 521b, and 1611 to 1614 of this title,

amending sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of

this title, repealing sections 476, 513 and 514 of this title, and

enacting provisions set out as notes under this section and sections

476, 513, 528, and 594-2 of this title] may be cited as the `National

Forest Management Act of 1976'.''

Short Title

Section 1 of Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476, provided:

``That this Act [enacting this subchapter and amending section 581h of

this title] may be cited as the `Forest and Rangeland Renewable

Resources Planning Act of 1974'.''

Separability

Section 21 of Pub. L. 94-588 provided that: ``If any provision of

this Act [see Short Title of 1976 Amendment note set out above] 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.''

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[CITE: 16USC1601]

TITLE 16--CONSERVATION

CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I--PLANNING

Sec. 1601. Renewable Resource Assessment

(a) Preparation by Secretary of Agriculture; time of preparation,

updating and contents

In recognition of the vital importance of America's renewable

resources of the forest, range, and other associated lands to the

Nation's social and economic well-being, and of the necessity for a long

term perspective in planning and undertaking related national renewable

resource programs administered by the Forest Service, the Secretary of

Agriculture shall prepare a Renewable Resource Assessment (hereinafter

called the ``Assessment''). The Assessment shall be prepared not later

than December 31, 1975, and shall be updated during 1979 and each tenth

year thereafter, and shall include but not be limited to--

(1) an analysis of present and anticipated uses, demand for, and

supply of the renewable resources, with consideration of the

international resource situation, and an emphasis of pertinent

supply and demand and price relationship trends;

(2) an inventory, based on information developed by the Forest

Service and other Federal agencies, of present and potential

renewable resources, and an evaluation of opportunities for

improving their yield of tangible and intangible goods and services,

together with estimates of investment costs and direct and indirect

returns to the Federal Government;

(3) a description of Forest Service programs and

responsibilities in research, cooperative programs and management of

the National Forest System, their interrelationships, and the

relationship of these programs and responsibilities to public and

private activities;

(4) a discussion of important policy considerations, laws,

regulations, and other factors expected to influence and affect

significantly the use, ownership, and management of forest, range,

and other associated lands; and \1\

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\1\ So in original. The word ``and'' probably should not appear.

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(5) an analysis of the potential effects of global climate

change on the condition of renewable resources on the forests and

rangelands of the United States; and

(6) an analysis of the rural and urban forestry opportunities to

mitigate the buildup of atmospheric carbon dioxide and reduce the

risk of global climate change,\2\

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\2\ So in original. The comma probably should be a period.

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(b) Omitted

The Secretary shall report in the 1979 and subsequent Assessments

on:

(1) the additional fiber potential in the National Forest System

including, but not restricted to, forest mortality, growth, salvage

potential, potential increased forest products sales, economic

constraints, alternate markets, contract considerations, and other

multiple use considerations;

(2) the potential for increased utilization of forest and wood

product wastes in the National Forest System and on other lands, and

of urban wood wastes and wood product recycling, including

recommendations to the Congress for actions which would lead to

increased utilization of material now being wasted both in the

forests and in manufactured products; and

(3) the milling and other wood fiber product fabrication

facilities and their location in the United States, noting the

public and private forested areas that supply such facilities,

assessing the degree of utilization into product form of harvested

trees by such facilities, and setting forth the technology

appropriate to facilities to improve utilization either individually

or in aggregate the units of harvested trees and to reduce wasted

wood fibers. The Secretary shall set forth a program to encourage

the adoption by these facilities of these technologies for improving

wood fiber utilization.

(d) \3\ Public involvement; consultation with governmental departments

and agencies

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\3\ So in original. Two subsecs. (d) have been enacted.

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In developing the reports required under subsection (c) of this

section, the Secretary shall provide opportunity for public involvement

and shall consult with other interested governmental departments and

agencies.

(d) \3\ Congressional policy of multiple use sustained yield management;

examination and certification of lands; estimate of

appropriations necessary for reforestation and other treatment;

budget requirements; authorization of appropriations

(1) It is the policy of the Congress that all forested lands in the

National Forest System shall be maintained in appropriate forest cover

with species of trees, degree of stocking, rate of growth, and

conditions of stand designed to secure the maximum benefits of multiple

use sustained yield management in accordance with land management plans.

Accordingly, the Secretary is directed to identify and report to the

Congress annually at the time of submission of the President's budget

together with the annual report provided for under section 1606(c) of

this title, beginning with submission of the President's budget for

fiscal year 1978, the amount and location by forests and States and by

productivity class, where practicable, of all lands in the National

Forest System where objectives of land management plans indicate the

need to reforest areas that have been cut-over or otherwise denuded or

deforested, and all lands with stands of trees that are not growing at

their best potential rate of growth. All national forest lands treated

from year to year shall be examined after the first and third growing

seasons and certified by the Secretary in the report provided for under

this subsection as to stocking rate, growth rate in relation to

potential and other pertinent measures. Any lands not certified as

satisfactory shall be returned to the backlog and scheduled for prompt

treatment. The level and types of treatment shall be those which secure

the most effective mix of multiple use benefits.

(2) Notwithstanding the provisions of section 1607 of this title,

the Secretary shall annually for eight years following October 22, 1976,

transmit to the Congress in the manner provided in this subsection an

estimate of the sums necessary to be appropriated, in addition to the

funds available from other sources, to replant and otherwise treat an

acreage equal to the acreage to be cut over that year, plus a sufficient

portion of the backlog of lands found to be in need of treatment to

eliminate the backlog within the eight-year period. After such eight-

year period, the Secretary shall transmit annually to the Congress an

estimate of the sums necessary to replant and otherwise treat all lands

being cut over and maintain planned timber production on all other

forested lands in the National Forest System so as to prevent the

development of a backlog of needed work larger than the needed work at

the beginning of the fiscal year. The Secretary's estimate of sums

necessary, in addition to the sums available under other authorities,

for accomplishment of the reforestation and other treatment of National

Forest System lands under this section shall be provided annually for

inclusion in the President's budget and shall also be transmitted to the

Speaker of the House and the President of the Senate together with the

annual report provided for under section 1606(c) of this title at the

time of submission of the President's budget to the Congress beginning

with the budget for fiscal year 1978. The sums estimated as necessary

for reforestation and other treatment shall include moneys needed to

secure seed, grow seedlings, prepare sites, plant trees, thin, remove

deleterious growth and underbrush, build fence to exclude livestock and

adverse wildlife from regeneration areas and otherwise establish and

improve growing forests to secure planned production of trees and other

multiple use values.

(3) Effective for the fiscal year beginning October 1, 1977, and

each fiscal year thereafter, there is hereby authorized to be

appropriated for the purpose of reforesting and treating lands in the

National Forest System $200,000,000 annually to meet requirements of

this subsection (d). All sums appropriated for the purposes of this

subsection shall be available until expended.

(e) Report on herbicides and pesticides

The Secretary shall submit an annual report to the Congress on the

amounts, types, and uses of herbicides and pesticides used in the

National Forest System, including the beneficial or adverse effects of

such uses.

(Pub. L. 93-378, Sec. 3, formerly Sec. 2, Aug. 17, 1974, 88 Stat. 476;

renumbered Sec. 3 and amended Pub. L. 94-588, Secs. 2-4, Oct. 22, 1976,

90 Stat. 2949, 2950; Pub. L. 101-624, title XXIV, Sec. 2408(a), Nov. 28,

1990, 104 Stat. 4061.)

Codification

Subsec. (b) of this section amended section 581h of this title.

Amendments

1990--Subsec. (a)(5), (6). Pub. L. 101-624 added pars. (5) and (6).

1976--Subsecs. (c) to (e). Pub. L. 94-588, Secs. 3, 4, added

subsecs. (c) to (e).

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsecs.

(d)(1) and (e) of this section relating to submitting annual reports to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a

note under section 1113 of Title 31, Money and Finance, and pages 45 and

47 of House Document No. 103-7.

Transfer of Functions

Enforcement functions of Secretary or other official in Department

of Agriculture, insofar as they involve lands and programs under

jurisdiction of that Department, related to compliance with this

subchapter and system activities requiring coordination and approval

under general authorities of this subchapter with respect to pre-

construction, construction, and initial operation of transportation

system for Canadian and Alaskan natural gas transferred to Federal

Inspector, Office of Federal Inspector for Alaska Natural Gas

Transportation System, until first anniversary of date of initial

operation of Alaska Natural Gas Transportation System, see Reorg. Plan

No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat.

1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,

Government Organization and Employees. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and functions and

authority vested in Inspector transferred to Secretary of Energy by

section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of

Federal Inspector note under section 719e of Title 15, Commerce and

Trade. Functions and authority vested in Secretary of Energy

subsequently transferred to Federal Coordinator for Alaska Natural Gas

Transportation Projects by section 720d(f) of Title 15.

Presidential Commission on State and Private Forests

Pub. L. 101-624, title XII, Sec. 1245, Nov. 28, 1990, 104 Stat.

3548, as amended by Pub. L. 102-237, title X, Sec. 1018(b), Dec. 13,

1991, 105 Stat. 1905, established the Commission on State and Private

Forests, which was to assess the status of the State and private forest

lands of the United States and report its findings and recommendations

to the President by Dec. 1, 1992, and which terminated 90 days after

submitting its report.

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January 3, 2005 and June 19, 2006]

[CITE: 16USC1602]

TITLE 16--CONSERVATION

CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I--PLANNING

Sec. 1602. Renewable Resource Program; preparation by Secretary

of Agriculture and transmittal to President; purpose and

development of program; time of preparation, updating and

contents

In order to provide for periodic review of programs for management

and administration of the National Forest System, for research, for

cooperative State and private Forest Service programs, and for conduct

of other Forest Service activities in relation to the findings of the

Assessment, the Secretary of Agriculture, utilizing information

available to the Forest Service and other agencies within the Department

of Agriculture, including data prepared pursuant to section 1010a of

title 7, shall prepare and transmit to the President a recommended

Renewable Resource Program (hereinafter called the ``Program''). The

Program transmitted to the President may include alternatives, and shall

provide in appropriate detail for protection, management, and

development of the National Forest System, including forest development

roads and trails; for cooperative Forest Service programs; and for

research. The Program shall be developed in accordance with principles

set forth in the Multiple-Use Sustained-Yield Act of June 12, 1960 (74

Stat. 215; 16 U.S.C. 528-531), and the National Environmental Policy Act

of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. The Program shall be

prepared not later than December 31, 1975, to cover the four-year period

beginning October 1, 1976, and at least each of the four fiscal decades

next following such period, and shall be updated no later than during

the first half of the fiscal year ending September 30, 1980, and the

first half of each fifth fiscal year thereafter to cover at least each

of the four fiscal decades beginning next after such updating. The

Program shall include, but not be limited to--

(1) an inventory of specific needs and opportunities for both

public and private program investments. The inventory shall

differentiate between activities which are of a capital nature and

those which are of an operational nature;

(2) specific identification of Program outputs, results

anticipated, and benefits associated with investments in such a

manner that the anticipated costs can be directly compared with the

total related benefits and direct and indirect returns to the

Federal Government;

(3) a discussion of priorities for accomplishment of inventoried

Program opportunities, with specified costs, outputs, results, and

benefits;

(4) a detailed study of personnel requirements as needed to

implement and monitor existing and ongoing programs; and

(5) Program recommendations which--

(A) evaluate objectives for the major Forest Service

programs in order that multiple-use and sustained-yield

relationships among and within the renewable resources can be

determined;

(B) explain the opportunities for owners of forests and

rangeland to participate in programs to improve and enhance the

condition of the land and the renewable resource products

therefrom;

appropriate, improve the quality of soil, water, and air

resources;

(D) state national goals that recognize the

interrelationships between and interdependence within the

renewable resources;

(E) evaluate the impact of the export and import of raw logs

upon domestic timber supplies and prices; and

(F) account for the effects of global climate change on

forest and rangeland conditions, including potential effects on

the geographic ranges of species, and on forest and rangeland

products.

(Pub. L. 93-378, Sec. 4, formerly Sec. 3, Aug. 17, 1974, 88 Stat. 477,

renumbered Sec. 4 and amended Pub. L. 94-588, Secs. 2, 5, Oct. 22, 1976,

90 Stat. 2949, 2951; Pub. L. 101-624, title XXIV, Sec. 2408(b), Nov. 28,

1990, 104 Stat. 4061.)

References in Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in text,

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.

The National Environmental Policy Act of 1969, referred to in text,

is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is

classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The

Public Health and Welfare. For complete classification of this Act to

the Code, see Short Title note set out under section 4321 of Title 42

and Tables.

Amendments

1990--Par. (5)(F). Pub. L. 101-624 added subpar. (F).

1976--Par. (4). Pub. L. 94-588 substituted ``implement and monitor''

for ``satisfy''.

Par. (5). Pub. L. 94-588 added par. (5).

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.

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January 3, 2005 and June 19, 2006]

[CITE: 16USC1603]

TITLE 16--CONSERVATION

CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I--PLANNING

Sec. 1603. National Forest System resource inventories;

development, maintenance, and updating by Secretary of

Agriculture as part of Assessment

As a part of the Assessment, the Secretary of Agriculture shall

develop and maintain on a continuing basis a comprehensive and

appropriately detailed inventory of all National Forest System lands and

renewable resources. This inventory shall be kept current so as to

reflect changes in conditions and identify new and emerging resources

and values.

(Pub. L. 93-378, Sec. 5, formerly Sec. 4, Aug. 17, 1974, 88 Stat. 477,

renumbered Sec. 5, Pub. L. 94-588, Sec. 2, Oct. 22, 1976, 90 Stat.

2949.)

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[Document affected by Public Law ]

[CITE: 16USC1604]

TITLE 16--CONSERVATION

CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I--PLANNING

Sec. 1604. National Forest System land and resource management

plans

(a) Development, maintenance, and revision by Secretary of Agriculture

as part of program; coordination

As a part of the Program provided for by section 1602 of this title,

the Secretary of Agriculture shall develop, maintain, and, as

appropriate, revise land and resource management plans for units of the

National Forest System, coordinated with the land and resource

management planning processes of State and local governments and other

Federal agencies.

(b) Criteria

In the development and maintenance of land management plans for use

on units of the National Forest System, the Secretary shall use a

systematic interdisciplinary approach to achieve integrated

consideration of physical, biological, economic, and other sciences.

completion; progress reports; existing management plans

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 October 22, 1976, and shall

attempt to complete such incorporation for all such units by no later

than September 30, 1985. The Secretary shall report to the Congress on

the progress of such incorporation in the annual report required by

section 1606(c) of this title. Until such time as a unit of the National

Forest System is managed under plans developed in accordance with this

subchapter, the management of such unit may continue under existing land

and resource management plans.

(d) Public participation in management plans; availability of plans;

public meetings

The Secretary shall provide for public participation in the

development, review, and revision of land management plans including,

but not limited to, making the plans or revisions available to the

public at convenient locations in the vicinity of the affected unit for

a period of at least three months before final adoption, during which

period the Secretary shall publicize and hold public meetings or

comparable processes at locations that foster public participation in

the review of such plans or revisions.

(e) Required assurances

In developing, maintaining, and revising plans for units of the

National Forest System pursuant to this section, the Secretary shall

assure that such plans--

(1) provide for multiple use and sustained yield of the products

and services obtained therefrom in accordance with the Multiple-Use

Sustained-Yield Act of 1960 [16 U.S.C. 528-531], and, in particular,

include coordination of outdoor recreation, range, timber,

watershed, wildlife and fish, and wilderness; and

(2) determine forest management systems, harvesting levels, and

procedures in the light of all of the uses set forth in subsection

(c)(1) of this section, the definition of the terms ``multiple use''

and ``sustained yield'' as provided in the Multiple-Use Sustained-

Yield Act of 1960, and the availability of lands and their

suitability for resource management.

(f) Required provisions

Plans developed in accordance with this section shall--

(1) form one integrated plan for each unit of the National

Forest System, incorporating in one document or one set of

documents, available to the public at convenient locations, all of

the features required by this section;

(2) be embodied in appropriate written material, including maps

and other descriptive documents, reflecting proposed and possible

actions, including the planned timber sale program and the

proportion of probable methods of timber harvest within the unit

necessary to fulfill the plan;

(3) be prepared by an interdisciplinary team. Each team shall

prepare its plan based on inventories of the applicable resources of

the forest;

(4) be amended in any manner whatsoever after final adoption

after public notice, and, if such amendment would result in a

significant change in such plan, in accordance with the provisions

of subsections (e) and (f) of this section and public involvement

comparable to that required by subsection (d) of this section; and

(5) be revised (A) from time to time when the Secretary finds

conditions in a unit have significantly changed, but at least every

fifteen years, and (B) in accordance with the provisions of

subsections (e) and (f) of this section and public involvement

comparable to that required by subsection (d) of this section.

(g) Promulgation of regulations for development and revision of plans;

environmental considerations; resource management guidelines;

guidelines for land management plans

As soon as practicable, but not later than two years after October

22, 1976, the Secretary shall in accordance with the procedures set

forth in section 553 of title 5, promulgate regulations, under the

principles of the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C.

528-531] that set out the process for the development and revision of

the land management plans, and the guidelines and standards prescribed

by this subsection. The regulations shall include, but not be limited

to--

(1) specifying procedures to insure that land management plans

are prepared in accordance with the National Environmental Policy

Act of 1969 [42 U.S.C. 4321 et seq.], including, but not limited to,

direction on when and for what plans an environmental impact

statement required under section 102(2)(C) of that Act [42 U.S.C.

4332(2)(C)] shall be prepared;

(2) specifying guidelines which--

(A) require the identification of the suitability of lands

for resource management;

(B) provide for obtaining inventory data on the various

renewable resources, and soil and water, including pertinent

maps, graphic material, and explanatory aids; and

situations involving hazards to the various resources and their

relationship to alternative activities;

(3) specifying guidelines for land management plans developed to

achieve the goals of the Program which--

(A) insure consideration of the economic and environmental

aspects of various systems of renewable resource management,

including the related systems of silviculture and protection of

forest resources, to provide for outdoor recreation (including

wilderness), range, timber, watershed, wildlife, and fish;

(B) provide for diversity of plant and animal communities

based on the suitability and capability of the specific land

area in order to meet overall multiple-use objectives, and

within the multiple-use objectives of a land management plan

adopted pursuant to this section, provide, where appropriate, to

the degree practicable, for steps to be taken to preserve the

diversity of tree species similar to that existing in the region

controlled by the plan;

and assessment in the field) evaluation of the effects of each

management system to the end that it will not produce

substantial and permanent impairment of the productivity of the

land;

(D) permit increases in harvest levels based on intensified

management practices, such as reforestation, thinning, and tree

improvement if (i) such practices justify increasing the

harvests in accordance with the Multiple-Use Sustained-Yield Act

of 1960, and (ii) such harvest levels are decreased at the end

of each planning period if such practices cannot be successfully

implemented or funds are not received to permit such practices

to continue substantially as planned;

(E) insure that timber will be harvested from National

Forest System lands only where--

(i) soil, slope, or other watershed conditions will not

be irreversibly damaged;

(ii) there is assurance that such lands can be

adequately restocked within five years after harvest;

(iii) protection is provided for streams, streambanks,

shorelines, lakes, wetlands, and other bodies of water from

detrimental changes in water temperatures, blockages of

water courses, and deposits of sediment, where harvests are

likely to seriously and adversely affect water conditions or

fish habitat; and

(iv) the harvesting system to be used is not selected

primarily because it will give the greatest dollar return or

the greatest unit output of timber; and

(F) insure that clearcutting, seed tree cutting, shelterwood

cutting, and other cuts designed to regenerate an evenaged stand

of timber will be used as a cutting method on National Forest

System lands only where--

(i) for clearcutting, it is determined to be the optimum

method, and for other such cuts it is determined to be

appropriate, to meet the objectives and requirements of the

relevant land management plan;

(ii) the interdisciplinary review as determined by the

Secretary has been completed and the potential

environmental, biological, esthetic, engineering, and

economic impacts on each advertised sale area have been

assessed, as well as the consistency of the sale with the

multiple use of the general area;

(iii) cut blocks, patches, or strips are shaped and

blended to the extent practicable with the natural terrain;

(iv) there are established according to geographic

areas, forest types, or other suitable classifications the

maximum size limits for areas to be cut in one harvest

operation, including provision to exceed the established

limits after appropriate public notice and review by the

responsible Forest Service officer one level above the

Forest Service officer who normally would approve the

harvest proposal: Provided, That such limits shall not apply

to the size of areas harvested as a result of natural

catastrophic conditions such as fire, insect and disease

attack, or windstorm; and

(v) such cuts are carried out in a manner consistent

with the protection of soil, watershed, fish, wildlife,

recreation, and esthetic resources, and the regeneration of

the timber resource.

(h) Scientific committee to aid in promulgation of regulations;

termination; revision committees; clerical and technical

assistance; compensation of committee members

(1) In carrying out the purposes of subsection (g) of this section,

the Secretary of Agriculture shall appoint a committee of scientists who

are not officers or employees of the Forest Service. The committee shall

provide scientific and technical advice and counsel on proposed

guidelines and procedures to assure that an effective interdisciplinary

approach is proposed and adopted. The committee shall terminate upon

promulgation of the regulations, but the Secretary may, from time to

time, appoint similar committees when considering revisions of the

regulations. The views of the committees shall be included in the public

information supplied when the regulations are proposed for adoption.

(2) Clerical and technical assistance, as may be necessary to

discharge the duties of the committee, shall be provided from the

personnel of the Department of Agriculture.

(3) While attending meetings of the committee, the members shall be

entitled to receive compensation at a rate of $100 per diem, including

traveltime, and while away from their homes or regular places of

business they may be allowed travel expenses, including per diem in lieu

of subsistence, as authorized by section 5703 of title 5, for persons in

the Government service employed intermittently.

(i) Consistency of resource plans, permits, contracts, and other

instruments with land management plans; revision

Resource plans and permits, contracts, and other instruments for the

use and occupancy of National Forest System lands shall be consistent

with the land management plans. Those resource plans and permits,

contracts, and other such instruments currently in existence shall be

revised as soon as practicable to be made consistent with such plans.

When land management plans are revised, resource plans and permits,

contracts, and other instruments, when necessary, shall be revised as

soon as practicable. Any revision in present or future permits,

contracts, and other instruments made pursuant to this section shall be

subject to valid existing rights.

(j) Effective date of land management plans and revisions

Land management plans and revisions shall become effective thirty

days after completion of public participation and publication of

notification by the Secretary as required under subsection (d) of this

section.

(k) Development of land management plans

In developing land management plans pursuant to this subchapter, the

Secretary shall identify lands within the management area which are not

suited for timber production, considering physical, economic, and other

pertinent factors to the extent feasible, as determined by the

Secretary, and shall assure that, except for salvage sales or sales

necessitated to protect other multiple-use values, no timber harvesting

shall occur on such lands for a period of 10 years. Lands once

identified as unsuitable for timber production shall continue to be

treated for reforestation purposes, particularly with regard to the

protection of other 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.

(l) Program evaluation; process for estimating long-term costs and

benefits; summary of data included in annual report

The Secretary shall--

(1) formulate and implement, as soon as practicable, a process

for estimating long-terms \1\ costs and benefits to support the

program evaluation requirements of this subchapter. This process

shall include requirements to provide information on a

representative sample basis of estimated expenditures associated

with the reforestation, timber stand improvement, and sale of timber

from the National Forest System, and shall provide a comparison of

these expenditures to the return to the Government resulting from

the sale of timber; and

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\1\ So in original. Probably should be ``long-term''.

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(2) include a summary of data and findings resulting from these

estimates as a part of the annual report required pursuant to

section 1606(c) of this title, including an identification on a

representative sample basis of those advertised timber sales made

below the estimated expenditures for such timber as determined by

the above cost process; and \2\

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\2\ So in original. The ``; and'' probably should be a period.

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(m) Establishment of standards to ensure culmination of mean annual

increment of growth; silvicultural practices; salvage

harvesting; exceptions

The Secretary shall establish--

(1) standards to insure that, prior to harvest, stands of trees

throughout the National Forest System shall generally have reached

the culmination of mean annual increment of growth (calculated on

the basis of cubic measurement or other methods of calculation at

the discretion of the Secretary): Provided, That these standards

shall not preclude the use of sound silvicultural practices, such as

thinning or other stand improvement measures: Provided further, That

these standards shall not preclude the Secretary from salvage or

sanitation harvesting of timber stands which are substantially

damaged by fire, windthrow or other catastrophe, or which are in

imminent danger from insect or disease attack; and

(2) exceptions to these standards for the harvest of particular

species of trees in management units after consideration has been

given to the multiple uses of the forest including, but not limited

to, recreation, wildlife habitat, and range and after completion of

public participation processes utilizing the procedures of

subsection (d) of this section.

(Pub. L. 93-378, Sec. 6, formerly, Sec. 5, Aug. 17, 1974, 88 Stat. 477,

renumbered Sec. 6 and amended Pub. L. 94-588, Secs. 2, 6, 12(a), Oct.

22, 1976, 90 Stat. 2949, 2952, 2958.)

References in Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in

subsecs. (e) and (g), 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.

The National Environmental Policy Act of 1969, referred to in

subsec. (g)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)

of Title 42, The Public Health and Welfare. For complete classification

of this Act to the Code, see Short Title note set out under section 4321

of Title 42 and Tables.

Amendments

1976--Subsec. (a). Pub. L. 94-588, Sec. 12(a), substituted ``section

4'' for ``section 3'' in the original, which, because of the translation

as ``section 1602 of this title'' required no change in text.

Subsecs. (c) to (m). Pub. L. 94-588, Sec. 6, added subsecs. (c) to

(m).

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.

Revision of Forest Plans

Pub. L. 108-447, div. E, title III, Sec. 320, Dec. 8, 2004, 118

Stat. 3097, provided that: ``Prior to October 1, 2005, the Secretary of

Agriculture shall not be considered to be in violation of subparagraph

6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act

of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have

passed without revision of the plan for a unit of the National Forest

System. Nothing in this section exempts the Secretary from any other

requirement of the Forest and Rangeland Renewable Resources Planning Act

(16 U.S.C. 1600 et seq.) or any other law: Provided, That if the

Secretary is not acting expeditiously and in good faith, within the

funding available, to revise a plan for a unit of the National Forest

System, this section shall be void with respect to such plan and a court

of proper jurisdiction may order completion of the plan on an

accelerated basis.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 108-108, title III, Sec. 320, Nov. 10, 2003, 117 Stat. 1306.

Pub. L. 108-7, div. F, title III, Sec. 320, Feb. 20, 2003, 117 Stat

274.

Pub. L. 107-63, title III, Sec. 327, Nov. 5, 2001, 115 Stat. 470.

Expeditious Completion of Management Plans of Forest Service and Bureau

of Land Management; Continuation of Existing Plans; Judicial Review

Pub. L. 101-121, title III, Sec. 312, Oct. 23, 1989, 103 Stat. 743,

provided that: ``The Forest Service and Bureau of Land Management are to

continue to complete as expeditiously as possible development of their

respective Forest Land and Resource Management Plans to meet all

applicable statutory requirements. Notwithstanding the date in section

6(c) of the NFMA (16 U.S.C. 1600) [16 U.S.C. 1604(c)], the Forest

Service, and the Bureau of Land Management under separate authority, may

continue the management of lands within their jurisdiction under

existing land and resource management plans pending the completion of

new plans. Nothing shall limit judicial review of particular activities

on these lands: Provided, however, That there shall be no challenges to

any existing plan on the sole basis that the plan in its entirety is

outdated, or in the case of the Bureau of Land Management, solely on the

basis that the plan does not incorporate information available

subsequent to the completion of the existing plan: Provided further,

That any and all particular activities to be carried out under existing

plans may nevertheless be challenged.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 100-446, title III, Sec. 314, Sept. 27, 1988, 102 Stat.

1825.

Pub. L. 100-202, Sec. 101(g) [title III, Sec. 314], Dec. 22, 1987,

101 Stat. 1329-213, 1329-254.

Pub. L. 99-500, Sec. 101(h) [title II], Oct. 18, 1986, 100 Stat.

1783-242, 1783-268, and Pub. L. 99-591, Sec. 101(h) [title II], Oct. 30,

1986, 100 Stat. 3341-242, 3341-268.