16 USC 532-538 (National Forest Roads and Trails Act of October 13, 1965)

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[CITE: 16USC532]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 532. Roads and trails system; Congressional findings and
declaration of policy

The Congress hereby finds and declares that the construction and
maintenance of an adequate system of roads and trails within and near
the national forests and other lands administered by the Forest Service
is essential if increasing demands for timber, recreation, and other
uses of such lands are to be met; that the existence of such a system
would have the effect, among other things, of increasing the value of
timber and other resources tributary to such roads; and that such a
system is essential to enable the Secretary of Agriculture (hereinafter
called the Secretary) to provide for intensive use, protection,
development, and management of these lands under principles of multiple
use and sustained yield of products and services.

(Pub. L. 88-657, Sec. 1, Oct. 13, 1964, 78 Stat. 1089.)

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC533]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 533. Grant of easements for road rights-of-way; authority
of Secretary of Agriculture; regulations

The Secretary is authorized, under such regulations as he may
prescribe, subject to the provisions of sections 532 to 538 of this
title, to grant permanent or temporary easements for specified periods
or otherwise for road rights-of-way (1) over national forest lands and
other lands administered by the Forest Service, and (2) over any other
related lands with respect to which the Department of Agriculture has
rights under the terms of the grant to it.

(Pub. L. 88-657, Sec. 2, Oct. 13, 1964, 78 Stat. 1089.)

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 construction
and utilization of national forest roads under sections 532 to 538 of
this title 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.

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC534]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 534. Termination and cancellation of easements; notice;
hearing

An easement granted under sections 532 to 538 of this title may be
terminated by consent of the owner of the easement, by condemnation, or
after a five-year period of nonuse the Secretary may, if he finds the
owner has abandoned the easement, make a determination to cancel it.
Before the Secretary may cancel an easement for nonuse the owner of such
easement must be notified of the determination to cancel and be given,
upon his request made within sixty days after receipt of the notice, a
hearing in accordance with such rules and regulations as may be issued
by the Secretary.

(Pub. L. 88-657, Sec. 3, Oct. 13, 1964, 78 Stat. 1089.)

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under sections 532 to 538 of this
title 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 Transfer of Functions note set out under
section 533 of this title.

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC535]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 535. Forest development roads; acquisition, construction,
and maintenance; maximum economy; methods of financing; cost
arrangements for construction standards; transfer of unused
effective purchaser credit for road construction

The Secretary is authorized to provide for the acquisition,
construction, and maintenance of forest development roads within and
near the national forests and other lands administered by the Forest
Service in locations and according to specifications which will permit
maximum economy in harvesting timber from such lands tributary to such
roads and at the same time meet the requirements for protection,
development, and management thereof, and for utilization of the other
resources thereof. Financing of such roads may be accomplished (1) by
the Secretary utilizing appropriated funds, (2) by requirements on
purchasers of national forest timber and other products, including
provisions for amortization of road costs in contracts, (3) by
cooperative financing with other public agencies and with private
agencies or persons, or (4) by a combination of these methods: Provided,
That where roads of a higher standard than that needed in the harvesting
and removal of the timber and other products covered by the particular
sale are to be constructed, the purchaser of the national forest timber
and other products shall not be required to bear that part of the costs
necessary to meet such higher standard, and the Secretary is authorized
to make such arrangements to this end as may be appropriate. The
Secretary is authorized, under such rules and regulations as he shall
prescribe, to permit the transfer of unused effective purchaser credit
for road construction earned after December 16, 1975, from one timber
sale to a purchaser to another timber sale to the same purchaser within
the same National Forest.

(Pub. L. 88-657, Sec. 4, Oct. 13, 1964, 78 Stat. 1089; Pub. L. 94-154,
Dec. 16, 1975, 89 Stat. 823.)

Amendments

1975--Pub. L. 94-154 authorized the Secretary to permit the transfer
of unused effective purchaser credit for road construction earned after
Dec. 16, 1975, from one timber sale to a purchaser to another timber
sale to the same purchaser within the same National Forest.

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under sections 532 to 538 of this
title 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 Transfer of Functions note set out under
section 533 of this title.

Financing of Forest Development Roads

Financing of forest development roads authorized by cl. (2) of this
section deemed ``budget authority'' and ``budget outlays'' as defined in
section 621(a) of Title 2, The Congress, and effective for purpose
specified in section 651(a) of Title 2, see section 1608 of this title.

From the U.S. Code Online via GPO Access
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[CITE: 16USC535a]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 535a. Forest development roads: prohibition on credits;
inclusion of construction costs in notice of sale; special
election by small business concerns; construction standards;
authorization of harvesting; treatment of road value

(a) Prohibition on timber purchaser road credits

In financing any forest development road pursuant to section 535 of
this title, the Secretary of Agriculture may not provide effective
credit for road construction to any purchaser of national forest timber
or other forest products.

(b) Construction of roads by timber purchasers

(1) Whenever the Secretary of Agriculture makes a determination that
a forest development road referred to in subsection (a) of this section
shall be constructed or paid for, in whole or in part, by a purchaser of
national forest timber or other forest products, the Secretary shall
include notice of the determination in the notice of sale of the timber
or other forest products. The notice of sale shall contain, or announce
the availability of, sufficient information related to the road
described in the notice to permit a prospective bidder on the sale to
calculate the likely cost that would be incurred by the bidder to
construct or finance the construction of the road so that the bidder may
reflect such cost in the bid.
(2) If there is an increase or decrease in the cost of roads
constructed by the timber purchaser, caused by variations in quantities,
changes or modifications subsequent to the sale of timber made in
accordance with applicable timber sale contract provisions, then an
adjustment to the price paid for timber harvested by the purchaser shall
be made. The adjustment shall be applied by the Secretary as soon as
practicable after any such design change is implemented.

(c) Special election by small business concerns

(1) A notice of sale referred to in subsection (b) of this section
containing specified road construction of $50,000 or more, shall give a
purchaser of national forest timber or other forest products that
qualifies as a ``small business concern'' under the Small Business Act
(15 U.S.C. 631 et seq.), and regulations issued thereunder, the option
to elect that the Secretary of Agriculture build the roads described in
the notice. The Secretary shall provide the small business concern with
an estimate of the cost that would be incurred by the Secretary to
construct the roads on behalf of the small business concern. The notice
of sale shall also include the date on which the roads described in the
notice will be completed by the Secretary if the election is made.
(2) If the election referred to in paragraph (1) is made, the
purchaser of the national forest timber or other forest products shall
pay to the Secretary of Agriculture, in addition to the price paid for
the timber or other forest products, an amount equal to the estimated
cost of the roads which otherwise would be paid by the purchaser as
provided in the notice of sale. Pending receipt of such amount, the
Secretary may use receipts from the sale of national forest timber or
other forest products and such additional sums as may be appropriated
for the construction of roads, such funds to be available until
expended, to accomplish the requested road construction.

(d) Authorization of harvesting

In each sale of national forest timber or other forest products
referred to in this section, the Secretary of Agriculture is encouraged
to authorize harvest of the timber or other forest products in a unit
included in the sale as soon as road work for that unit is completed and
the road work is approved by the Secretary.

(e) Construction standard

For any forest development road that is to be constructed or paid
for by a purchaser of national forest timber or other forest products,
the Secretary of Agriculture may not require the purchaser to design,
construct, or maintain the road (or pay for the design, construction, or
maintenance of the road) to a standard higher than the standard,
consistent with applicable environmental laws and regulations, that is
sufficient for the harvesting and removal of the timber or other forest
products, unless the Secretary bears that part of the cost necessary to
meet the higher standard.

(f) Treatment of road value

For any forest development road that is constructed or paid for by a
purchaser of national forest timber or other forest products, the
estimated cost of the road construction, including subsequent design
changes, shall be considered to be money received for purposes of the
payments required to be made under section 500 of this title. To the
extent that the appraised value of road construction determined under
this subsection reflects funds contributed by the Secretary of
Agriculture to build the road to a higher standard pursuant to
subsection (e) of this section, the Secretary shall modify the appraisal
of the road construction to exclude the effect of the Federal funds.

(g) Effective date

(1) This section and the requirements of this section shall take
effect (and apply thereafter) upon the earlier of--
(A) April 1, 1999; or
(B) the date that is the later of--
(i) the effective date of regulations issued by the
Secretary of Agriculture to implement this section; and
(ii) the date on which new timber sale contract provisions
designed to implement this section, that have been published for
public comment, are approved by the Secretary.

(2) Notwithstanding paragraph (1), any sale of national forest
timber or other forest products for which notice of sale is provided
before the effective date of this section, and any effective purchaser
road credit earned pursuant to a contract resulting from such a notice
of sale or otherwise earned before that effective date shall remain in
effect, and shall continue to be subject to section 535 of this title
and section 472a(i) of this title, and rules issued thereunder, as in
effect on the day before October 21, 1998.

(Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 329], Oct. 21,
1998, 112 Stat. 2681-231, 2681-292.)

References in Text

The Small Business Act, referred to in subsec. (c)(1), is Pub. L.
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified
generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and
Trade. For complete classification of this Act to the Code, see Short
Title note set out under section 631 of Title 15 and Tables.

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC536]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 536. Recording of instruments; furnishing of instruments
affecting public domain lands to Secretary of the Interior

Copies of all instruments affecting permanent interests in land
executed pursuant to sections 532 to 538 of this title shall be recorded
in each county where the lands are located. Copies of all instruments
affecting interests in lands reserved from the public domain shall be
furnished to the Secretary of the Interior.

(Pub. L. 88-657, Sec. 5, Oct. 13, 1964, 78 Stat. 1089.)

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC537]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 537. Maintenance and reconstruction by road users; funds
for maintenance and reconstruction; availability of deposits
until expended, transfer of funds, and refunds

The Secretary may require the user or users of a road under the
control of the Forest Service, including purchasers of Government timber
and other products, to maintain such roads in a satisfactory condition
commensurate with the particular use requirements of each. Such
maintenance to be borne by each user shall be proportionate to total
use. The Secretary may also require the user or users of such a road to
reconstruct the same when such reconstruction is determined to be
necessary to accommodate such use. If such maintenance or reconstruction
cannot be so provided or if the Secretary determines that maintenance or
reconstruction by a user would not be practical, then the Secretary may
require that sufficient funds be deposited by the user to provide his
portion of such total maintenance or reconstruction. Deposits made to
cover the maintenance or reconstruction of roads are hereby made
available until expended to cover the cost to the United States of
accomplishing the purpose for which deposited: Provided, That deposits
received for work on adjacent and overlapping areas may be combined when
it is the most practicable and efficient manner of performing the work,
and cost thereof may be determined by estimates: And provided further,
That unexpended balances upon accomplishment of the purpose for which
deposited shall be transferred to miscellaneous receipts or refunded.

(Pub. L. 88-657, Sec. 6, Oct. 13, 1964, 78 Stat. 1090.)

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under sections 532 to 538 of this
title 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 Transfer of Functions note set out under
section 533 of this title.

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC538]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 538. User fees fund for delayed payments to grantors

Whenever the agreement under which the United States has obtained
for the use of, or in connection with, the national forests and other
lands administered by the Forest Service a right-of-way or easement for
a road or an existing road or the right to use an existing road provides
for delayed payments to the Government's grantor, any fees or other
collections received by the Secretary for the use of the road may be
placed in a fund to be available for making payments to the grantor.

(Pub. L. 88-657, Sec. 7, Oct. 13, 1964, 78 Stat. 1090.)