Sec. 1671. 1672. 1673. 1674. (d) Generation of revenue; deposit into Hardwood Technology Transfer and Applied Research Fund. (e) Authorization of appropriations. SUBCHAPTER III-EXTENSION PROGRAMS 1674a. 1675. 1676. Congressional statement of findings. (a) Types of programs; preconditions and (b) "Eligible colleges and universities" defined. (c) Use of appropriate educational methods required; scope of methods. State programs. (a) Development by State program director, etc., of comprehensive and coordinated program by mutual agreement; consultations; review procedure. (b) Encouragement by State director, etc., of cooperation between county and State extension staffs and appropriate Federal and State agencies and organizations. (c) Administration and coordination of program by State director; exception. (d) Appointment and use of advisory committees by State director, etc.; composition of advisory commit Authorization of appropriations; criteria for SUBCHAPTER IV-WOOD RESIDUE UTILIZATION (1) the management of the Nation's renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time; (2) the public interest is served by the Forest Service, Department of Agriculture, in cooperation with other agencies, assessing the Nation's renewable resources, and developing and preparing a national renewable resource program, which is periodically reviewed and updated; (3) to serve the national interest, the renewable resource program must be based on a comprehensive assessment of present and anticipated uses, demand for, and supply of renewable resources from the Nation's public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531), and public participation in the development of the program; (4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation's renewable resources; (5) inasmuch as the majority of the Nation's forests and rangeland is under private, State, and local governmental management and the Nation's major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and multiple use; (6) the Forest Service, by virtue of its statutory authority for management of the National Forest System, research and cooperative programs, and its role as an agency in the Department of Agriculture, has both a responsibility and an opportunity to be a leader in assuring that the Nation maintains a natural resource conservation posture that will meet the requirements of our people in perpetuity; and (7) recycled timber product materials are as much a part of our renewable forest resources as are the trees from which they originally came, and in order to extend our timber and timber fiber resources and reduce pressures for timber production from Federal lands, the Forest Service should expand its research in the use of recycled and waste timber product materials, develop techniques for the substitution of these secondary materials for primary materials, and promote and encourage the use of recycled timber product materials. (Pub. L. 93-378, §2, as added Pub. L. 94-588, §2, Oct. 22, 1976, 90 Stat. 2949.) REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, referred to in par. (3), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sections 528 to 531 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 528 of this title and Tables. SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-521, §1, Oct. 24, 1988, 102 Stat. 2601, provided that: "This Act [amending section 1642 of this title and enacting provisions set out as a note under section 1642 of this title] may be cited as the 'Forest Ecosystems and Atmospheric Pollution Research Act of 1988'." Pub. L. 100-231, §1, Jan. 5, 1988, 101 Stat. 1565, provided that: "This Act [amending sections 1674 and 1675 of this title and provisions set out as a note under section 1671 of this title] may be cited as the 'Renewable Resources Extension Act Amendments of 1987'." SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-554, §1, Dec. 19, 1980, 94 Stat. 3257, provided: "That this Act [enacting subchapter IV of this chapter and enacting provision set out as a note under section 1681 of this title] may be cited as the 'Wood Residue Utilization Act of 1980'." SHORT TITLE OF 1978 AMENDMENTS Pub. L. 95-307, §1, June 30, 1978, 92 Stat. 353, provided: "That this Act [enacting subchapter II of this chapter, repealing sections 581 to 581i of this title, and enacting provisions set out as a note under section 1641 of this title] may be cited as the 'Forest and Rangeland Renewable Resources Research Act of 1978'." Pub. L. 95-306, §1, June 30, 1978, 92 Stat. 349, provided: "That this Act [enacting subchapter III of this chapter and provision set out as a note under section 1671 of this title] may be cited as the 'Renewable Resources Extension Act of 1978'." SHORT TITLE OF 1976 AMENDMENT Section 1 of Pub. L. 94-588 provided: "That this Act [enacting this section and sections 472a, 521b, and 1611 to 1614 of this title, amending sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of this title, repealing sections 476, 513 and 514 of this title, and enacting provisions set out as notes under this section and sections 476, 513, 528, and 594-2 of this title] may be cited as the 'National Forest Management Act of 1976'." SHORT TITLE Section 1 of Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476, provided: "That this Act [enacting this subchapter and amending section 581h of this title] may be cited as the 'Forest and Rangeland Renewable Resources Planning Act of 1974'.” SEPARABILITY Section 21 of Pub. L. 94-588 provided that: "If any provision of this Act [see Short Title of 1976 Amendment note set out above] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby." ACT REFERRED TO IN OTHER SECTIONS The National Forest Management Act of 1976 is referred to in sections 46077, 460qq, 460vv-4, 460vv-13, 460777-21, 497b, 539c, 539d, 542d, 544k, 5440, 545b, 620 of this title; title 30 section 1272; title 43 section 1635. § 1601. Renewable Resource Assessment (a) Preparation by Secretary of Agriculture; time of preparation, updating and contents In recognition of the vital importance of America's renewable resources of the forest, range, and other associated lands to the Nation's social and economic well-being, and of the necessity for a long term perspective in planning and undertaking related national renewable resource programs administered by the Forest Service, the Secretary of Agriculture shall prepare Renewable Resource Assessment (hereinafter called the "Assessment"). The Assessment shall be prepared not later than December 31, 1975, and shall be updated during 1979 and each tenth year thereafter, and shall inIclude but not be limited to (1) an analysis of present and anticipated uses, demand for, and supply of the renewable resources, with consideration of the international resource situation, and an emphasis of pertinent supply and demand and price relationship trends; (2) an inventory, based on information developed by the Forest Service and other Federal agencies, of present and potential renewable resources, and an evaluation of opportunities for improving their yield of tangible and intangible goods and services, together with estimates of investment costs and direct and indirect returns to the Federal Government; (3) a description of Forest Service programs and responsibilities in research, cooperative programs and management of the National Forest System, their interrelationships, and the relationship of these programs and responsibilities to public and private activities; (4) a discussion of important policy considerations, laws, regulations, and other factors expected to influence and affect significantly the use, ownership, and management of forest, range, and other associated lands; and1 (5) an analysis of the potential effects of global climate change on the condition of renewable resources on the forests and rangelands of the United States; and (6) an analysis of the rural and urban forestry opportunities to mitigate the buildup of atmospheric carbon dioxide and reduce the risk of global climate change,2 (b) Omitted (c) Contents of Assessments The Secretary shall report in the 1979 and subsequent Assessments on: (1) the additional fiber potential in the National Forest System including, but not restricted to, forest mortality, growth, salvage potential, potential increased forest products sales, economic constraints, alternate markets, contract considerations, and other multiple use considerations; (2) the potential for increased utilization of forest and wood product wastes in the National Forest System and on other lands, and of urban wood wastes and wood product recycling, including recommendations to the Congress for actions which would lead to increased utilization of material of material now being wasted both in the forests and in manufactured products; and (3) the milling and other wood fiber product fabrication facilities and their location in the United States, noting the public and private forested areas that supply such facilities, assessing the degree of utilization into product form of harvested trees by such facilities, and setting forth the technology appropriate to facilities to improve utilization either individ 1 So in original. The word "and" probably should not appear. 2 So in original. The comma probably should be a period. ually or in aggregate the units of harvested trees and to reduce wasted wood fibers. The Secretary shall set forth a program to encourage the adoption by these facilities of these technologies for improving wood fiber utiliza tion. (d) 3 Public involvement; consultation with governmental departments and agencies In developing the reports required under subsection (c) of this section, the Secretary shall provide opportunity for public involvement and shall consult with other interested governmental departments and agencies. (d) 3 Congressional policy of multiple use sustained yield management; examination and certification of lands; estimate of appropriations necessary for reforestation and other treatment; budget requirements; authorization of appropriations (1) It is the policy of the Congress that all forested lands in the National Forest System shall be maintained in appropriate forest cover with species of trees, degree of stocking, rate of growth, and conditions of stand designed to secure the maximum benefits of multiple use sustained yield management in accordance with land management plans. Accordingly, the Secretary is directed to identify and report to the Congress annually at the time of submission of the President's budget together with the annual report provided for under section 1606(c) of this title, beginning with submission of the President's budget for fiscal year 1978, the amount and location by forests and States and by productivity class, where practicable, of all lands in the National Forest System where objectives of land management plans indicate the need to reforest areas that have been cut-over or otherwise denuded or deforested, and all lands with stands of trees that are not growing at their best potential rate of growth. All national forest lands treated from year to year shall be examined after the first and third growing seasons and certified by the Secretary in the report provided for under this subsection as to stocking rate, growth rate in relation to potential and other pertinent measures. Any lands not certified as satisfactory shall be returned to the backlog and scheduled for prompt treatment. The level and types of treatment shall be those which secure the most effective mix of multiple use benefits. (2) Notwithstanding the provisions of section 1607 of this title, the Secretary shall annually for eight years following October 22, 1976, transmit to the Congress in the manner provided in this subsection an estimate of the sums necessary to be appropriated, in addition to the funds available from other sources, to replant and otherwise treat an acreage equal to the acreage to be cut over that year, plus a sufficient portion of the backlog of lands found to be in need of treatment to eliminate the backlog within the eight-year period. After such eightyear 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 tim 3 So in original. Two subsecs. (d) have been enacted. ber production on all other forested lands in the National Forest System so as to prevent the development of a backlog of needed work larger than the needed work at the beginning of the fiscal year. The Secretary's estimate of sums necessary, in addition to the sums available under other authorities, for accomplishment of the reforestation and other treatment of National Forest System lands under this section shall be provided annually for inclusion in the President's budget and shall also be transmitted to the Speaker of the House and the President of the Senate together with the annual report provided for under section 1606(c) of this title at the time of submission of the President's budget to the Congress beginning with the budget for fiscal year 1978. The sums estimated as necessary for reforestation and other treatment shall include moneys needed to secure seed, grow seedlings, prepare sites, plant trees, thin, remove deleterious growth and underbrush, build fence to exclude livestock and adverse wildlife from regeneration areas and otherwise establish and improve growing forests to secure planned production of trees and other multiple use values. (3) Effective for the fiscal year beginning October 1, 1977, and each fiscal year thereafter, there is hereby authorized to be appropriated for the purpose of reforesting and treating lands in the National Forest System $200,000,000 annually to meet requirements of this subsection (d). All sums appropriated for the purposes of this subsection shall be available until expended. (e) Report on herbicides and pesticides The Secretary shall submit an annual report to the Congress on the amounts, types, and uses of herbicides and pesticides used in the National Forest System, including the beneficial or adverse effects of such uses. (Pub. L. 93-378, §3, formerly §2, Aug. 17, 1974, 88 Stat. 476; renumbered §3 and amended Pub. L. 94-588, §§ 2-4, Oct. 22, 1976, 90 Stat. 2949, 2950; Pub. L. 101-624, title XXIV, § 2408(a), Nov. 28, 1990, 104 Stat. 4061.) CODIFICATION Subsec. (b) of this section amended section 581h of this title. AMENDMENTS 1990 Subsec. (a)(5), (6). Pub. L. 101-624 added pars. (5) and (6). 1976 Subsecs. (c) to (e). Pub. L. 94-588, §§3, 4, added subsecs. (c) to (e). TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsecs. (d)(1) and (e) of this section relating to submitting annual reports to Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and pages 45 and 47 of House Document No. 103-7. TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this subchapter and system activities requiring coordination and approval under general authorities of this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 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. PRESIDENTIAL COMMISSION ON STATE AND PRIVATE FORESTS Section 1245 of title XII of Pub. L. 101-624, as amended by Pub. L. 102-237, title X, §1018(b), Dec. 13, 1991, 105 Stat. 1905, provided that: "(a) ESTABLISHMENT.-The President shall establish a Commission on State and Private Forests (hereafter in this section referred to as the 'Commission') which shall assess the status of the State and private forest lands of the United States, the problems affecting these lands, and the potential contribution of these lands to the renewable natural resource needs of the United States associated with their improved management and protection. "(b) COMPOSITION.-The Commission shall be composed of 25 members to be appointed by the President, including Federal, State, and local officials, timber industry representatives, nonindustrial private forest landowners, conservationists, and community leaders. No more than five members shall be appointed from any one State. Not fewer than 20 members shall be appointed by the President from nominations submitted by the following Members of Congress: “(1) The chairman of the Committee on Agriculture of the House of Representatives. "(2) The ranking minority member of the Committee on Agriculture of the House of Representatives. "(3) The chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(4) The ranking minority member of the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(c) VACANCY.-A vacancy on the Commission shall be filled by appointment by the President in the manner provided in subsection (b). "(d) CHAIRPERSON.-The Commission shall elect a chairperson from among the members of the Commission by a majority vote. "(e) MEETINGS.-The Commission shall meet at the call of the chairperson or a majority of the members of the Commission. “(f) DUTIES. "(1) STUDY.-The Commission shall conduct a study that shall include "(A) an assessment using existing inventories of the current status of the State and private forest lands of the United States, including "(i) ownership status and past and future trends: "(ii) the production of timber and nontimber resources from such lands; and "(iii) landowner attitudes toward the protection and management of these lands; "(B) a review of the problems affecting the State and private forest lands of the United States, including "(i) resource losses to insects, disease, fire, and damaging weather; "(ii) inadequate reforestation; "(iii) fragmentation and conversion of the forest land base; and "(iv) management options; "(C) constraints on, and opportunities for, providing multiresource outputs from forest lands; "(D) administrative and legislative recommendations for addressing the problems and capitalizing on the potential of these lands for contributing to the renewable natural resource needs of the United States. "(2) FINDINGS AND RECOMMENDATIONS.-On the basis of its study, the Commission shall make findings and develop recommendations for consideration by the President with respect to the future demands placed on State and private forests in meeting both commodity and noncommodity needs of the United States in anticipation of impending changes in the management of the national forests, especially with regard to timber harvest. This assessment should focus on the role of State and private forest lands and help to identify means of improving their contribution to meeting the timber and nontimber needs of the United States. "(3) REPORT.-The Commission shall submit to the President, not later than December 1, 1992, a report containing its findings and recommendations. The President shall submit the report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the report is authorized to be printed as a House Document. "(g) OPERATIONS IN GENERAL.— "(1) AGENCY COOPERATION.-The heads of executive agencies, the General Accounting Office, the Office of Technology Assessment, and the Congressional Budget Office shall cooperate with the Commission. "(2) COMPENSATION.-Members of the Commission shall serve without compensation for work on the Commission. While away from their homes or regular places of business in the performance of duties of the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service under section 5703 of title 5 of the United States Code. "(3) DIRECTOR.-To the extent there are sufficient funds available to the Commission and subject to such rules as may be adopted by the Commission, the Commission, without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to the classification and General Schedule pay rates, may— "(A) appoint and fix the compensation of a director; and "(B) appoint and fix the compensation of such additional personnel as the Commission determines necessary to assist it to carry out its duties and functions. "(4) STAFF AND SERVICES.-On the request of the Commission, the heads of executive agencies, the Comptroller General, and the Director of the Office of Technology Assessment may furnish the Commission with such office, personnel or support services as the head of the agency, or office, and the chairperson of the Commission agree are necessary to assist the Commission to carry out its duties and functions. The Commission shall not be required to pay, or reimburse, any agency for office, personnel or support services provided by this subsection. "(5) EXEMPTIONS. "(A) FACA.-The Commission shall be exempt from sections 7(d), 10(e), 10(f), and 14 of the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.). "(B) TITLE 5.-The Commission shall be exempt from the requirements of sections 4301 through 4305 of title 5 of the United States Code. “(h) AUTHORIZATION OF APPROPRIATIONS AND SPENDING AUTHORITY. "(1) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated such sums as are necessary to implement this section. "(2) SPENDING AUTHORITY.-Any spending authority (as defined in section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651]) provided in this title [see Short Title of 1990 Amendment note set out under section 2101 of this title] shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. "(i) TERMINATION.-The Presidential Commission on State and Private Forests shall cease to exist 90 days following the submission of its report to the President." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1606, 1606a, 1642, 1674, 1675, 2105 of this title; title 7 section 3121. § 1602. Renewable Resource Program; preparation by Secretary of Agriculture and transmittal to President; purpose and development of program; time of preparation, updating and contents In order to provide for periodic review of programs for management and administration of the National Forest System, for research, for cooperative State and private Forest Service programs, and for conduct of other Forest Service activities in relation to the findings of the Assessment, the Secretary of Agriculture, utilizing information available to the Forest Service and other agencies within the Department of Agriculture, including data prepared pursuant to section 1010a of title 7, shall prepare and transmit to the President a recommended Renewable Resource Program (hereinafter called the "Program"). The Program transmitted to the President may include alternatives, and shall provide in appropriate detail for protection, management, and development of the National Forest System, including forest development roads and trails; for cooperative Forest Service programs; and for research. The Program shall be developed in accordance with principles set forth in the Multiple-Use Sustained-Yield Act of June 12, 1960 (74 Stat. 215; 16 U.S.C. 528-531), and the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. The Program shall be prepared not later than December 31, 1975, to cover the four-year period beginning October 1, 1976, and at least each of the four fiscal decades next following such period, and shall be updated no later than during the first half of the fiscal year ending September 30, 1980, and the first half of each fifth fiscal year thereafter to cover at least each of the four fiscal decades beginning next after such updating. The Program shall include, but not be limited to (1) an inventory of specific needs and opportunities for both public and private program investments. The inventory shall differentiate between activities which are of a capital nature and those which are of an operational nature; (2) specific identification of Program outputs, results anticipated, and benefits associated with investments in such a manner that the anticipated costs can be directly compared with the total related benefits and direct and indirect returns to the Federal Government; (3) a discussion of priorities for accomplishment of inventoried Program opportunities, with specified costs, outputs, results, and benefits; (4) a detailed study of personnel requirements as needed to implement and monitor existing and ongoing programs; and (5) Program recommendations which— (A) evaluate objectives for the major Forest Service programs in order that multipleuse and sustained-yield relationships among and within the renewable resources can be determined; (B) explain the opportunities for owners of forests and rangeland to participate in programs to improve and enhance the condition of the land and the renewable resource products therefrom; (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; (E) evaluate the impact of the export and import of raw logs upon domestic timber supplies and prices; and (F) account for the effects of global climate change on forest and rangeland conditions, including potential effects on the geographic ranges of species, and on forest and rangeland products. (Pub. L. 93-378, §4, formerly §3, Aug. 17, 1974, 88 Stat. 477, renumbered §4 and amended Pub. L. 94-588, §§2, 5, Oct. 22, 1976, 90 Stat. 2949, 2951; Pub. L. 101-624, title XXIV, §2408(b), Nov. 28, 1990, 104 Stat. 4061.) REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, referred to in text, is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sections 528 to 531 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 528 of this title and Tables. The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 1990-Par. (5)(F). Pub. L. 101-624 added subpar. (F). 1976 Par. (4). Pub. L. 94-588 substituted "implement and monitor" for "satisfy". Par. (5). Pub. L. 94-588 added par. (5). TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, see note set out under section 1601 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460bbb-1, 460bbb-7, 1604, 1606 of this title; title 7 section 3121. § 1603. National Forest System resource inventories; development, maintenance, and updating by Secretary of Agriculture as part of Assessment As a part of the Assessment, the Secretary of Agriculture shall develop and maintain on a continuing basis a comprehensive and appropriately detailed inventory of all National Forest System lands and renewable resources. This inventory shall be kept current so as to reflect |