EFFECTIVE DATE OF 1981 AMENDMENT Section 9(f) of Pub. L. 97-79 provided that: "The amendment specified in subsection 9(e) of this Act [amending this section] shall take effect beginning in fiscal year 1983." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1536, 1539, 4224, 4912 of this title; title 28 section 524; title 42 section 10601. § 1541. Endangered plants The Secretary of the Smithsonian Institution, in conjunction with other affected agencies, is authorized and directed to review (1) species of plants which are now or may become endangered or threatened and (2) methods of adequately conserving such species, and to report to Congress, within one year after December 28, 1973, the results of such review including recommendations for new legislation or the amendment of existing legislation. (Pub. L. 93-205, § 12, Dec. 28, 1973, 87 Stat. 901.) § 1542. Authorization of appropriations (a) In general Except as provided in subsections (b), (c), and (d) of this section, there are authorized to be appropriated (1) not to exceed $35,000,000 for fiscal year 1988, $36,500,000 for fiscal year 1989, $38,000,000 for fiscal year 1990, $39,500,000 for fiscal year 1991, and $41,500,000 for fiscal year 1992 to enable the Department of the Interior to carry out such functions and responsibilities as it may have been given under this chapter; (2) not to exceed $5,750,000 for fiscal year 1988, $6,250,000 for each of fiscal years 1989 and 1990, and $6,750,000 for each of fiscal years 1991 and 1992 to enable the Department of Commerce to carry out such functions and responsibilities as it may have been given under this chapter; and (3) not to exceed $2,200,000 for fiscal year 1988, $2,400,000 for each of fiscal years 1989 and 1990, and $2,600,000 for each of fiscal years 1991 and 1992, to enable the Department of Agriculture to carry out its functions and responsibilities with respect to the enforcement of this chapter and the Convention which pertain to the importation or exportation of plants. (b) Exemptions There are authorized to be appropriated to the Secretary to assist him and the Endangered Species Committee in carrying out their functions under sections 1536(e), (g), and (h) of this title not to exceed $600,000 for each of fiscal years 1988, 1989, 1990, 1991, and 1992. (c) Convention implementation There are authorized to be appropriated to the Department of the Interior for purposes of carrying out section 1537a(e) of this title not to exceed $400,000 for each of fiscal years 1988, 'So in original. Probably should be "section". 1989, and 1990, and $500,000 for each of fiscal years 1991 and 1992, and such sums shall remain available until expended. (Pub. L. 93-205, § 15, Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-325, June 30, 1976, 90 Stat. 724; Pub. L. 95-632, § 9, Nov. 10, 1978, 92 Stat. 3762; Pub. L. 96-159, § 8, Dec. 28, 1979, 93 Stat. 1230; Pub. L. 97-304, § 8[(a)], Oct. 13, 1982, 96 Stat. 1425; Pub. L. 100-478, title I, § 1009, Oct. 7, 1988, 102 Stat. 2312.) AMENDMENTS 1988-Pub. L. 100-478 amended section generally, substituting provisions authorizing appropriations for fiscal years 1988 through 1992 for provisions authoriz ing appropriations for fiscal years 1983 through 1985. 1982-Subsec. (a). Pub. L. 97-304 designated existing provisions as subsec. (a), and substituted provisions authorizing, except as provided in subsecs. (b), (c), and (d), appropriations of $27,000,000 for each of fiscal years 1983, 1984, and 1985 for the Department of the Interior, $3,500,000 for each of fiscal years 1983, 1984, and 1985 for the Department of Commerce, and $1,850,000 for each of fiscal years 1983, 1984, and 1985 for the Department of Agriculture, for provisions that, except as authorized in sections 1535 and 1536 of this title, had authorized appropriations of (1) not to exceed $23,000,000 for each of fiscal years 1979 and 1980, not to exceed $25,000,000 for fiscal year 1981, and not to exceed $27,000,000 for fiscal year 1982 to the Department of the Interior, (2) not to exceed $2,500,000 for each of fiscal years 1979 and 1980, not to exceed $3,000,000 for fiscal year 1981, and not to exceed $3,500,000 for fiscal year 1982 to the Department of Commerce, and (3) not to exceed $1,500,000 for fiscal year 1980, not to exceed $1,750,000 for fiscal year 1981, and not to exceed $1,850,000 for fiscal year 1982 to the Department of Agriculture. Subsecs. (b) to (d). Pub. L. 97-304 added subsecs. (b) to (d). 1979-Par. (1). Pub. L. 96-159 struck out appropriations authorization of $25,000,000 for fiscal years ending Sept. 30, 1977, and 1978, substituted appropriations authorization of $23,000,000; $23,000,000; $25,000,000; and $27,000,000 for fiscal years 1979 through 1982 for prior authorization of $23,000,000 for fiscal year ending Sept. 30, 1979, and $12,500,000 for period beginning Oct. 1, 1979, and ending Mar. 31, 1980, and restored intent of appropriations to enable the Interior Department to carry out its functions and responsibilities. Par. (2). Pub. L. 96-159 deleted appropriations authorization of $5,000,000 for fiscal years ending Sept. 30, 1977, and 1978, and substituted appropriations authorization of $2,500,000; $2,500,000; $3,000,000; and $3,500,000 for fiscal years 1979 through 1982 for prior authorization of $2,500,000 for fiscal year ending Sept. 30, 1979, and $12,500,000 for period beginning Oct. 1, 1979, and ending Mar. 31, 1980. 1978-Pub. L. 95-632, in provision preceding par. (1), substituted "sections 1535 and 1536 of this title" for "section 1535 of this title". Par. (1). Pub. L. 95-632 substituted provision authorizing appropriations of not to exceed $25,000,000 for the fiscal year ending Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978, of not to exceed $23,000,000 for the fiscal year ending Sept. 30, 1979, and of not to exceed $12,500,000 for the period beginning Oct. 1, 1979 and ending Mar. 31, 1980 for provision authorizing appropriations of not to exceed $10,000,000 for the fiscal year ending June 30, 1976, of not to exceed $1,800,000 for the fiscal transitional period ending Sept. 30, 1976, and of not to exceed a total of $25,000,000 for the fiscal year ending Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978, to enable the Department of the Interior to carry out its functions under this chapter. Par. (2). Pub. L. 95-632 substituted provision authorizing appropriations of not to exceed $5,000,000 for the fiscal year ending Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978, of not to exceed $2,500,000 for the fiscal year ending Sept. 30, 1979, and of not to exceed $12,500,000 for the period beginning Oct. 1, 1979 and ending Mar. 31, 1980 for provision authorizing appropriations of not to exceed $2,000,000 for the fiscal year ending June 30, 1976, of not to exceed $500,000 for the fiscal transitional period ending Sept. 30, 1976 and of not to exceed a total of $5,000,000 for the fiscal year Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978. 1976-Par. (1). Pub. L. 94-325, § 1(1), redesignated par. (A) as (1), inserted provisions authorizing appropriations for the fiscal year transitional period ending Sept. 30, 1976, fiscal year ending Sept. 30, 1977, and fiscal year ending Sept. 30, 1978, and struck out provisions authorizing appropriations of not to exceed $4,000,000 for fiscal year 1974, and not to exceed $8,000,000 for fiscal year 1975. Par. (2). Pub. L. 94-325, § 1(2), redesignated par. (B) as (2), inserted provisions authorizing appropriation for the fiscal year transitional period ending Sept. 30, 1976, fiscal year ending Sept. 30, 1977, and fiscal year ending Sept. 30, 1978, and struck out provisions authorizing appropriations of not to exceed $2,000,000 for fiscal year 1974, and not to exceed $1,500,000 for fiscal year 1975. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1537 of this title. § 1543. Construction with Marine Mammal Protection Act of 1972 Except as otherwise provided in this chapter, no provision of this chapter shall take precedence over any more restrictive conflicting provision of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.). (Pub. L. 93-205, § 17, Dec. 28, 1973, 87 Stat. 903.) REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 93-205, Dec. 28, 1973, 81 Stat. 884, as amended, known as the "Endangered Species Act of 1973", which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Marine Mammal Protection Act of 1972, referred to in text, is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables. § 1544. Annual cost analysis by Fish and Wildlife Service On or before January 15, 1990, and each January 15 thereafter, the Secretary of the Interior, acting through the Fish and Wildlife Service, shall submit to the Congress an annual report covering the preceding fiscal year which shall contain (1) an accounting on a species by species basis of all reasonably identifiable Federal expenditures made primarily for the conservation of endangered or threatened species pursuant to this chapter; and (2) an accounting on a species by species basis of all reasonably identifiable expendi tures made primarily for the conservation of endangered or threatened species pursuant to this chapter by States receiving grants under section 1535 of this title. (Pub. L. 93-205, § 18, as added Pub. L. 100-478, title I, § 1012, Oct. 7, 1988, 102 Stat. 2314.) Sec. 1600. 1601. 1602. 1603. 1604. CHAPTER 36-FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING SUBCHAPTER I-PLANNING (d) 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. (e) Report on herbicides and pesticides. Renewable Resource Program; preparation by Secretary of Agriculture and transmittal to President; purpose and development of program; time of preparation, updating and contents. National Forest System resource inventories; development, maintenance, and updating by Secretary of Agriculture as part of Assessment. National Forest System land and resource management plans. (a) Development, maintenance, and revision by Secretary of Agriculture as part of program; coordination. guidelines by Secretary; time of completion; progress reports; existing management plans. (d) Public participation in management plans; availability of plans; public meetings. (e) Required assurances. (f) Required provisions. (g) Promulgation of regulations for development and revision of plans; environmental considerations; resource management guidelines; guidelines for land management plans. (h) Scientific committee to aid in promulgation of regulations; termination; revision committees; clerical and technical assistance; compensation of committee members. (i) Consistency of resource plans, permits, contracts, and other instruments with land management plans; revision. (j) Effective date of land management plans and revisions. (k) Development of land management plans. (1) Program evaluation; process for estimating long-term costs and benefits; summary of data included in annual report. Sec. 1605. 1606. 1606a. 1607. 1608. 1609. 1610. (m) Establishment of standards to ensure culmination of mean annual increment of growth; silvicultural practices; salvage harvesting; tions. excep 1612. Protection, use and management of renew- (a) Transmittal to Speaker of House and (d) Required contents of annual evalua- (e) Additional required contents of annual evaluation report. (f) Form of annual evaluation report. Reforestation Trust Fund. (a) Establishment; source of funds. (c) Report to Congress; printing as House and Senate document; investments; sale and redemption of obligations; credits for Trust Fund. (d) Obligations from Trust Fund. National Forest System renewable resources; development and administration by Secretary of Agriculture in accordance with multiple use and sustained yield concepts for products and services; target year for operational posture of resources; budget requests. National Forest Transportation System. (a) Congressional declaration of policy; time for development; method of financing; financing of forest development roads. (b) Construction of temporary roadways in connection with timber contracts, and other permits or leases. (c) Standards of roadway construction. National Forest System. (a) Congressional declaration of constituent elements and purposes; lands etc., included within; return of lands to public domain. (b) Location of Forest Service offices. Implementation of provisions by Secretary of Agriculture; utilization of information and data of other organizations; avoidance of duplication of planning, etc.; “renewable resources" defined. 1613. 1614. 1641. 1642. 1643. 1644. 1645. 1646. 1647. (a) Limitations on removal; variations in allowable sale quantity; public participation. (b) Salvage harvesting. Public participation. (a) Adequate notice and opportunity to comment. (b) Advisory boards. Promulgation of regulations. Severability. SUBCHAPTER II-RESEARCH Findings and purpose. (a) Findings. (b) Relationship to other law. Investigations, experiments, tests, and other activities. (a) Authorization; scope and purposes of activities. (b) Development of periodic Renewable Resource Assessment through survey and analysis of conditions; implementation; authorization of appropriations. (c) Program of research and study relative to health and productivity of domestic forest ecosystems; advisory committee; reports. (d) Studies relative to problems associated with urban forests; effects of Federal revenue codes on private forests; development of improved delivery systems for information and technical assistance provided to private landowners. Implementation of provisions. (a) Establishment and maintenance of 1671. 1672. 1673. 1674. 1674a. 1675. 1676. 1681. 1682. 1683. 1684. Congressional statement of findings. (a) Types of programs; preconditions (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 committees. 1687. Authorization of appropriations. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 472a of this title. SUBCHAPTER I-PLANNING SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 46000, 460vv-4, 472a, 497b, 539c, 582a, 6700, 1261, 1641, 2101, 4805 of this title; title 43 section 1721. § 1600. Congressional 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 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 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 460, 460qq. 497b, 539d, 544k, 5440, 620 of this title; 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 a 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 include 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; and 1 (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 'So in original. The word "and" probably should not appear. "So in original. The comma probably should be a period. |