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[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
January 20, 2004 and December 23, 2004]
[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.
(c) Incorporation of standards and guidelines by Secretary; time of
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
(C) provide for methods to identify special conditions or
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;
(C) insure research on and (based on continuous monitoring
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.
| File Type | application/msword |
| File Title | From the U |
| Author | FSDefaultUser |
| Last Modified By | FSDefaultUser |
| File Modified | 2006-11-22 |
| File Created | 2006-11-22 |