Home

Charter

NFMA

USFS Letter

Federal Register

USDA Press Releases

Meet the Members

Meetings

Index of Documents

Working groups

The Public Forum

Related Links


National Forest Management Act Of 1976 Sec. 3. Reports on Fiber
Potential, Wood Utilization by Mills, Wood Wastes and Wood Product
Recycling Sec. 4. Reforestation Sec. 5. Renewable Resource Program Sec.
6. NATIONAL FOREST SYSTEM RESOURCE PLANNING Sec. 7. National
Participation Sec. 8 Transportation System Sec. 9. National Forest
System Sec. 10. Renewable Resources Sec. 11, 13. Limitations on Timber
Removal Sec. 14. Public Participation and Advisory Boards Sec. 15, 16.
Regulations and Severability
Sec. 12. Conforming Amendments to the Forest and Rangeland Renewable
Resources Planning Act of 1974 Sec. 13. Amendment to the Organic Act.
Sec. 14. Timber Sales on National Forest System Lands Sec. 15.
Validation of Timber Sales Contracts Sec. 16. Payments to States for
Schools and Roads Sec. 17. Acquisition of National Forest System Lands
Sec. 18. Amendment to the Knutson-Vandenberg Act Sec. 19. Amendment to
the Act of June 12, 1960 Sec. 20. Plan for Control of Dutch Elm Disease
Sec. 21. Severability
 
 
------------------------------------------------------------------------
•Act of October 22, 1976 (P.O. 94-588, 90 Stat. 2949, as amended; 16
U.S.C.
•472A, 476, 500, 513-516, 518, 521b, 528(note), 576B, 594-2(note),
1600(note), 1601(note), 1600-1602, 1604, 1606, 1608-1614)
 
Sec. 1. This Act may be cited as the "National Forest Management Act of
1976". (16 U.S.C. 1600(note))
Findings
Sec. 2. The Forest and Rangeland Renewable Resources Planning Act of
1974 (88 Stat. 476; 16 U.S.C. 1601-1610) is amended by redesignating
sections 2 through 11 as sections 3 through 12, respectively; and by
adding a new section 2 as follows:
Sec. 2. 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 and 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." (16 U.S.C.
1600)
Reports On Fiber Potential, Wood Utilization By Mills, Wood Wastes And
Wood Product Recycling
Sec. 3. Section 3 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as redesigned by section 2 of this Act, is amended
by adding at the end thereof a new subsection © as follows:
© 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 Systems 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 the facilities to improve
utilization either individually or in aggregate units of harvest 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) In developing the reports required under subsection (c) of this
section, the Secretary shall provide opportunity for public involvement
and consult with other interested governmental departments and
agencies." (16 U.S.C. 1601)
Reforestation
Sec. 4. Section 3 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as redesignated by section 2 of this Act, is
amended by adding at the end thereof of new subsections (d) and (e) as
follows:
"(d)(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 8 (c) of this
Act, 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
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 9 of this Act, the
Secretary shall annually for eight years following the enactment of this
subsection, transmit to the Congress in the manner provided in this
subsection an estimate of the sums necessary to be appropriate, 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 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 8© of
this Act 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 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) 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 (16 U.S.C. 1601)
Renewable Resource Program
Sect. 5. Section 4 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as redesignated by section 2 of this Act, is
amended by striking out the word "and" at the end of paragraph (3);
striking out the word "satisfy" and inserting in lieu thereof "implement
and monitor" in paragraph (4); striking out the period at the end of
paragraph (4) and inserting in lieu thereof a semicolon and the word
"and"; and by adding a new paragraph (5) as follows:
"(5) Program recommendations which-
"(A) evaluated objectives for the major Forest Service programs in order
that multiple-use and sustained-yield 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;
"(C) recognize the fundamental need to protect and where 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; and
"(E) evaluate the impact of the export and import of raw logs upon
domestic timber supplies and prices". (16 U.S.C. 1602)
National Forest System Resource Planning
Sec. 6. Section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as redesignated by section 2 of this Act, is
amended by adding at the end thereof new subsections (c) through (m) as
follows:
"(c) 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 enactment of this subsection
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 8(c) of this Act. Until such time as a unit of the
National Forest System is managed under plans developed in accordance
with this Act, the management of such unit may continue under existing
land and resource management plans.
"(d) 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) 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, and in particular, include coordination of
outdoor recreation, range, timber, watershed, wildlife and fish, and
wilderness; and 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), 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) 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) As soon as practicable, but not later than two years after
enactment of this subsection, the Secretary shall in accordance with the
procedures set forth in section 553 of title 5, United States Code,
promulgate regulations, under the principles of the Multiple-Use,
Sustained-Yield Act of 1960, 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, 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 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
alternate 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 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, stream-banks, 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 and even-aged 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)(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. 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
travel time, 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, United States
Code, for persons in the Government service employed intermittently.
"(i) 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) 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 section 6(d) of this
Act.
"(k) In developing land management plans pursuant to this Act, 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) The Secretary shall-
"(1) formulate and implement, as soon as practicable, a process for
estimating long-term costs and benefits to support the program
evaluation requirements of this Act. 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
"(2) include a summary of data and findings resulting from these
estimates as a part of the annual report required pursuant to section
8(c) of this Act, 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
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."
(16 U.S.C. 1604)
National Participation
Sec. 7. Section 8 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as redesignated by section 2 of this Act, is
amended-
•(a) by striking out "sixty" in the second sentence of subsection (a)
and inserting in lieu thereof the word "ninety"; and by striking out
"sixty-day period" in the third sentence of subsection (a) and inserting
in lieu thereof of "ninety-day period"; and
•(b) by adding a new sentence at the end of subsection (c) as follows:
 
"With regard to the research component of the program, the report shall
include, but not be limited to, a description of the status of major
research programs, significant findings, and how these findings will be
applied in National Forest System management." (16 U.S.C. 1606)
Transportation System
Sec. 8. Section 10 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as redesignated by section 2 of this Act, is
amended by inserting "(a)" immediately before the words "The Congress"
and inserting at the end thereof new subsections (b) and (c) as follows:
 
"(b) Unless the necessity for a permanent road is set forth in the
forest development road system plan, any road construction on land of
the National Forest System in connection with a timber contract or other
permit or lease shall be designed with the goal of reestablishing
vegetative cover on the roadway and areas where vegetative cover has
been disturbed by the construction of the road, within ten years after
the termination of the contract, permit, or lease either through
artificial or natural means. Such action shall be taken unless it is
later determined that the road is needed for use as a part of the
National Forest Transportation System."
"(c) Roads constructed on National Forest System lands shall be designed
to standards appropriate for the intended uses, considering safety, cost
of transportation, and impacts on land and resources." (16 U.S.C. 1608)
National Forest System
Sec. 9. Section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as redesignated by section 2 of this Act, is
amended by adding at the end thereof the following new sentence:
"Notwithstanding the provisions of the Act of June 4, 1897 (30 Stat. 34;
16 U.S.C. 473), no land now or hereafter reserved or withdrawn from the
public domain as national forests pursuant to the Act of March 3, 1891
(26 Stat. 1103; 16 U.S.C. 471), or any act supplementary to and
amendatory thereof, shall be returned to the public domain except by an
act of Congress." (16 U.S.C. 1609)
Renewable Resources
Sec. 10. Section 12 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as redesignated by section 2 of this Act, is
amended by striking out the period at the end of that section and
inserting in lieu thereof the following: "and on the date of enactment
of any legislation amendatory or supplementary thereto." (16 U.S.C.
1610)
Limitations On Timber Removal; Public Participation And Advisory Boards;
Regulations; Severability
Sec. 11. The Forest and Rangeland Renewable Resources Planning Act of
1974 is amended by adding at the end thereof new sections 13 through 16
as follows:
"Sec. 13. Limitations on Timber Removal.--(a) The Secretary of
Agriculture shall limit the sale of timber from each national forest to
a quantity equal to or less than a quantity which can be removed from
such forest annually in perpetuity on a sustained-yield basis: Provided,
That, in order to meet overall multiple-use objectives, the Secretary
may establish an allowable sale quantity for any decade which departs
from the projected long-term average sale quantity that would otherwise
be established: Provided further, That any such planned departure must
be consistent with the multiple-use management objectives of the land
management plan. Plans for variations in the allowable sale quantity
must be made with public participation as required by section 6(d) of
this Act. In addition, within any decade, the Secretary may sell a
quantity in excess of the annual allowable sale quantity established
pursuant to this section in the case of any national forest so long as
the average sale quantity of timber from such national forest over the
decade covered by the plan do not exceed such quantity limitation. In
those cases where a forest has less than two hundred thousand thousand
acres of commercial forest land, the Secretary may use two or more
forests for purposes of determining the sustained yield.
"(b) Nothing in subsection (a) of this section shall prohibit 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. The
Secretary may either substitute such timber for timber that would
otherwise be sold under the plan or, if not feasible, sell such timber
over and above the plan volume. (16 U.S.C. 1611)
Public Participation And Advisory Boards
"Sec. 14. Public Participation and Advisory Boards.--(a) In exercising
his authorities under this Act and other laws applicable to the Forest
Service, the Secretary, by regulation, shall establish procedures,
including public hearings where appropriate, to give the Federal, State,
and local governments and the public adequate notice and an opportunity
to comment upon the formulation of standards, criteria, and guidelines
applicable to Forest SErvice programs.
"(b) In providing for public participation in the planning for and
management of the National Forest System, the Secretary, pursuant to the
Federal advisory Committee Act (86 Stat. 770) and other applicable law,
shall establish and consult such advisory boards as he deems necessary
to secure full information and advice on the execution of his
responsibilities. The membership of such boards shall be representative
of a cross section of groups interested in the planning for and
management of the National Forest System and the various types of use
and enjoyment of the lands thereof." (16 U.S.C. 1612)
"Sec. 15. Regulations.-The Secretary of Agriculture shall prescribe such
regulations as he determines necessary and desirable to carry out the
provisions of this Act. (16 U.S.C. 1613)
"Sec. 16. Severability.-If any provision of this Act 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." (16
U.S.C. 1614)
Conforming Amendments To The Forest And Rangeland Renewable Resources
Planning
ACT OF 1974
Sec. 12. The Forest and Rangeland Renewable Resources Planning Act of
1974 is amended as follows:
•(a) Section 6(a), as redesignated by section 2 of this Act, is amended
by striking out "section 3" and inserting in lieu thereof "section 4".
(16 U.S.C. 1604)
•(b) Section 8, as redesignated by section 2 of this Act, is amended-
•(1) by striking out "section 2" and "section 3" in the first sentence
of subsection (a) and inserting in lieu thereof "section 3" and "section
4", respectively;
•(2) by striking out "section 3" in subsection (c) and inserting in lieu
thereof "section 4"; and
•(3) by striking out "section 3" in the first sentence of subsection (d)
and inserting in lieu thereof "section 4". (16 U.S.C. 1606)
 
Amendment To The Organic Act
Sec. 13. The twelfth undesignated paragraph under the heading "SURVEYING
THE PUBLIC LANDS" in the Act of June 4, 1897 (30 Stat. 35, as amended;
16 U.S.C. 476), is hereby repealed. (16 U.S.C. 476)
Timber Sales On National Forest System Lands
Sec. 14. (a) For the purpose of achieving the policies set forth in the
Multiple-Use, Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C.
528-531) and the Forest and Rangeland Renewable Resources Planning Act
of 1974 (88 Stat. 476; 16 U.S.C. 1601-1610), the Secretary of
Agriculture, under such rules and regulations as he may prescribe, may
sell, at not less than appraised value, trees, portions of trees, or
forest products located on National Forest System lands.
•(b) All advertised timber sales shall be designated on maps, and a
prospectus shall be available to the public and interested potential
bidders.
•(c) The length and other terms of the contract shall be designed to
promote orderly harvesting consistent with the principles set out in
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974, as amended. Unless there is a finding by the Secretary of
Agriculture that better utilization of the various forest resources
(consistent with the provisions of the Multiple-Use, Sustained-Yield Act
of 1960) will result, sales contracts shall be for a period not to
exceed ten years: Provided, That such period may be adjusted at the
discretion of the Secretary to provide additional time due to time
delays caused by an act of an agent of the United States or by other
circumstances beyond the control of the purchaser. The Secretary shall
require the purchaser to file as soon as practicable after execution of
a contract for any advertised sale with a term of two years or more, a
plan of operation, which shall be subject to concurrence by the
Secretary. The Secretary shall not extend any contract period with an
original term of two years or more unless he finds (A) that the
purchaser has diligently performed in accordance with an approved plan
of operation or (B) that the substantial overriding public interest
justifies the extension.
•(d) The Secretary of Agriculture shall advertise all sales unless he
determines that extraordinary conditions exist, as defined by
regulation, or that the appraised value of the sale is less than
$10,000. If, upon proper offering, no satisfactory bid is received for a
sale, or the bidder fails to complete the purchase, the sale may be
offered and sold without further advertisement.
•(e)(1) In the sale of trees, portions of trees, or forest products from
National Forest System lands (hereinafter referred to in this subsection
as "national forest materials"), the Secretary of Agriculture shall
select the bidding method or methods which-
•(A) insure open and fair competition;
•(B) insure that the Federal Government receive not less than the
appraised value as required by subsection (a) of this section;
•(C) consider the economic stability of communities whose economies are
dependent on such national forest materials, or achieve such other
objectives as the Secretary deems necessary; and
•(D) are consistent with the objectives of this Act and other Federal
statutes.
 
The Secretary shall select or alter the bidding method or methods as he
determines necessary to achieve the objectives stated in clauses (A),
(B), (C) and (D) of this paragraph.
•(2) In those instances when the Secretary selects oral auction as the
bidding method for the sale of any national forest materials, he shall
require that all prospective purchasers submit written sealed qualifying
bids. Only prospective purchasers whose written sealed qualifying bids
are equal to or in excess of the appraised value of such national forest
materials may participate in the oral bidding process.
•(3) The Secretary shall monitor bidding patterns involved in the sale
of national forest materials. If the Secretary has a reasonable belief
that collusive bidding practices may be occurring, then-
•(A) he shall report any such instances of possible collusive bidding or
suspected collusive bidding practices to the Attorney General of the
United States with any and all supporting data;
•(B) he may alter the bidding methods used within the affected area; and
•(C) he shall take such other action as he deems necessary to eliminate
such practices with the affected area.
•(f) The Secretary of Agriculture, under such rules and regulations as
he may prescribe, is authorized to dispose of, by sale or otherwise,
trees, portions of trees, or other forest products related to research
and demonstration projects.
•(g) Designation, marking when necessary, and supervision of harvesting
of trees, portions of trees, or forest products shall be conducted by
persons employed by the Secretary of Agriculture. Such persons shall
have no personal interest in the purchase or harvest of such products
and shall not be directly or indirectly in the employment of the
purchaser thereof.
•(h) The Secretary of Agriculture shall develop utilization standards,
methods of measurement, and harvesting practices for the removal of
trees, portions of trees, or forest products to provide for the optimum
practical use of the wood material. Such standards, methods, and
practices shall reflect consideration of opportunities to promote more
effective wood utilization, regional conditions, and species
characteristics and shall be compatible with multiple use resource
management objectives in the affected area. To accomplish the purpose of
this subsection in situations involving salvage of insect-infested,
dead, damaged, or down timber, and to remove associated trees for stand
improvement, the Secretary is authorized to require the purchaser of
such timber to make monetary deposits, as a part of the payment for the
timber, to be deposited in a designated fund from which sums are to be
used, to cover the cost to the United States for design, engineering,
and supervision of the construction of needed roads and the cost for
Forest Service sale preparation and supervision of the harvesting of
such timber. Deposits of money pursuant to this subsection are to be
available until expended to cover the cost to the United States of
accomplishing the purposes for which deposited: Provided, That such
deposits shall not be considered as moneys received from the national
forests within the meaning of sections 500 and 501 of title 16, United
States Code: And provided further, That sums found to be in excess of
the cost of accomplishing the purposes for which deposited on any
national forest shall be transferred to miscellaneous receipts in the
Treasury of the United States.
 
(1) For sales of timber which include a provision for purchaser credit
for construction of permanent roads with an estimated cost in excess of
$20,000, the Secretary of Agriculture shall promulgate regulations
requiring that the notice of sale afford timber purchasers qualifying as
"small business concerns" under the Small Business Act, as amended, and
the regulations issued thereunder, an estimate of the cost and right,
when submitting a bid, to elect that the Secretary build the proposed
road: Provided, That the provision of this subsection shall not apply to
sales of timber on National Forest System lands in the State of Alaska.
If the purchaser makes such an election, the price subsequently paid for
the timber shall include all of the estimated cost of the road. In the
notice of sale, the Secretary of Agriculture shall set a date when such
road shall be completed which shall be applicable to either construction
by the purchaser or the Secretary, depending on the election. To
accomplish requested work, the Secretary is authorized to use from any
receipts from the sale of timber a sum equal to the estimate for timber
purchaser credits, and such additional sums as may be appropriated for
the construction of roads, such funds to be available until expended, to
construct a road that meets the standards specified in the notice of
sale.
The provisions of this subsection shall become effective on October 1,
1976. (16 U.S.C. 472a)
Validation Of Timber Sales Contracts
Sec. 15. (a) Timber sales made pursuant to the Act of June 4, 1897 (30
Stat. 35, as amended; 16 U.S.C. 476), prior to the date of enactment of
this section shall not be invalid if the timber was sold in accord with
Forest Service silvicultural practices and sales procedures in effect at
the time of the sale, subject to the provisions of subsection (b) of
this section. (16 U.S.C. 476(note))
(b) The Secretary of Agriculture is directed, in developing five-year
operating plans under the provisions of existing fifty-year timber sales
contracts in Alaska, to revise such contracts to make them consistent
with the guidelines and standards provided for in the Forest and
Rangeland Renewable Resources Planning Act of 1974, as amended, and to
reflect such revisions in the contract price of timber. Any such action
shall not be inconsistent with valid contract rights approved by the
final judgment of a court of competent jurisdiction. (16 U.S.C.
1601(note))
Payments To States For Schools And Roads
Sec. 16. The sixth paragraph under the heading "FOREST SERVICE" in the
Act of May 23, 1908, as amended, and section 13 of the Act of March 1,
1911, as amended (35 Stat. 260, 36 Stat. 963, as amended; 16 U.S.C.
500), are each amended by adding at the end thereof, respectively, the
following new sentence: "Beginning October 1, 1976, the term 'moneys
received' shall include all collections under the Act of June 9, 1930,
and all amounts earned or allowed any purchaser of national forest
timber and other forest products within such State as purchaser credits,
for the construction of roads on the National Forest Transportation
System within such national forests or parts thereof in connection with
any Forest Service timber sales contract. The Secretary of Agriculture
shall, from time to time as he goes through his process of developing
the budget revenue estimates, make available to the States his current
projections of revenues and payments estimated to be made under the Act
of May 23, 1908, as amended, or any other special Acts making payments
in lieu of taxes, for their use for local budget planning purposes." (16
U.S.C. 500)
Acquisition Of National Forest System Lands
Sec. 17. (a) The Act of March 1, 1911 (36 Stat. 961), as amended (16
U.S.C. 480, 500, 513-517, 517a, 518, 519, 521, 552, 563), is amended as
follows:
•(1) Section 4, as amended, is repealed, and all function of the
National Forest Reservation Commission are transferred to the Secretary
of Agriculture. (16 U.S.C. 513)
•(2) Section 5 is repealed. (16 U.S.C. 513)
•(3) Section 6 is amended to read as follows: "The Secretary of
Agriculture is hereby authorized and directed to examine, locate, and
purchase such forested, cut-over, or denuded lands within the watersheds
of navigable streams as in his judgment may be necessary to the
regulation of the flow of navigable streams or the production of timber.
No deed or other instrument of conveyance of lands referred to herein
shall be accepted or approved by the Secretary of Agriculture under this
Act until the legislature of the State in which the land lies shall have
consented to the acquisition of such land by the United States for the
purpose of preserving the navigability of navigable streams." (16 U.S.C.
515)
•(4) Section 7, as amended, is amended to read as follows: "When the
public interests will be benefited thereby, the Secretary of Agriculture
is hereby authorized, in his discretion, to accept on behalf of the
United States title to any lands within the exterior boundaries of
national forests which, in his opinion, are chiefly valuable for the
purposes of this Act, and in exchange therefore to convey by deed not to
exceed an equal value of such national forest land in the same State, or
he may authorize the grantor to cut and remove an equal value of timber
within such national forest in the same State, the values in each case
to be determined by him: Provided, That before any such exchange is
effected notice of the contemplated exchange reciting the lands involved
shall be published once each week for four successive weeks in some
newspaper of general circulation in the county or counties in which may
be situated the lands to be accepted, and in some like newspaper
published in any county in which may be situated any lands or timber to
be given in such exchange. Timber laws and regulations relating to such
national forests, and under the direction and supervision and in
accordance with the requirements of the Secretary of Agriculture shall,
upon acceptance, become parts of the national forests within whose
exterior boundaries they are located, and be subjected to all provisions
of this Act." (16 U.S.C. 516)
•(5) Section 9, as amended, is amended by striking out the following
language in the first sentence: "the National Forest Reservation
Commission and". (16 U.S.C. 518)
•(6) Section 14, as amended, is repealed. (16 U.S.C. 514)
 
(b) For purposes of providing information that will aid the Congress in
its oversight responsibilities and improve the accountability of
expenditures for the acquisition of forest land, the Secretary of
Agriculture may not hereafter enter into any land purchase or exchange
relating to the National Forest System of $25,000 or more for the types
of lands which have been heretofore approved by the National Forest
Reservation Commission until after 30 days from the date upon which a
detailed report of the facts concerning such proposed purchase or
transfer is submitted to the Committee on Agriculture and Forestry of
the Senate or such earlier time as may be approved by both such
committees. Such report shall contain at least the following:
•(1) guidelines utilized by the Secretary in determining that the land
should be acquired;
•(2) the location and size of the land;
•(3) the purchase price of the land and the criteria used by the
Secretary in determining such price; and
•(4) the person from whom the land is being acquired. (16 U.S.C. 521b)
 
Amendment To The Knutson-Vandenberg Act
Sec. 18. Section 3 of the Act of June 9, 1930 (46 Stat. 527; 16 U.S.C.
576b), is amended-
•(a) by striking out the word "or" immediately before "(3)" in the first
sentence thereof; and
•(b) by striking out in the first sentence thereof the colon preceding
the proviso and all that follows down through "three years" and
inserting in lieu thereof the following: ", or (4) protecting and
improving the future productivity of the renewable resources of the
forest land on such sale area, including sale area improvement
operations, maintenance and construction, reforestation and wildlife
habitat management". (16 U.S.C. 576b)
 
Amendment To The Act Of June 12, 1960
Sec. 19. The Act of June 12, 1960 (74 Stat. 215; 16 U.S.C. 528-531), is
amended by adding at the end thereof the following new section:
"Sec. 5. This Act may be cited as the 'Multiple-Use Sustained-Yield Act
of 1960'." (16 U.S.C. 528(note))
Plan For Control Of Dutch Elm Disease
Sec. 20. The Secretary of Agriculture, in consultation with officials of
both the State and political subdivisions thereof, shall conduct a study
of the incidence of Dutch elm disease and evaluate methods of
controlling the spread of such disease. The Secretary shall prepare and
submit to the President and both Houses of the Congress on or before
March 1, 1977, a report which includes-
•(1) the results of such study;
•(2) plans for further research into the control of Dutch elm disease;
and
•(3) an action plan which includes a program of outreach and public
information about the disease, and recommendations for controlling the
spread of the disease (16 U.S.C. 594-2(note))
 
Severability
Sec. 21. If any provision of this Act 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. (16 U.S.C. 1600(note))
 
------------------------------------------------------------------------
 
Return to the NEPA, NFMA, and Appeals Home Page
Return to Forest Service Home Page
 
------------------------------------------------------------------------
 
Contact: Karen Liu
January, 1998
Phone: 202-205-0895
Expires: none