From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 3, 2006] [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 [wais.access.gpo.gov] [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 [wais.access.gpo.gov] [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 [wais.access.gpo.gov] [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 [wais.access.gpo.gov] [Laws in effect as of January 3, 2006] [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 [wais.access.gpo.gov] [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 [wais.access.gpo.gov] [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 [wais.access.gpo.gov] [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.)