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16 U.S.C. § 535a — Forest development roads: prohibition on credits; inclusion of construction costs in notice of sale; special election by small business concerns; construction standards; authorization of harvesting; treatment of road value
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on timber purchaser road credits** In financing any forest development road pursuant to [section 535 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section535&num=0&edition=prelim), the Secretary of Agriculture may not provide effective credit for road construction to any purchaser of national forest timber or other forest products.
**(b) Construction of roads by timber purchasers**
(1) Whenever the Secretary of Agriculture makes a determination that a forest development road referred to in subsection (a) shall be constructed or paid for, in whole or in part, by a purchaser of national forest timber or other forest products, the Secretary shall include notice of the determination in the notice of sale of the timber or other forest products. The notice of sale shall contain, or announce the availability of, sufficient information related to the road described in the notice to permit a prospective bidder on the sale to calculate the likely cost that would be incurred by the bidder to construct or finance the construction of the road so that the bidder may reflect such cost in the bid.
(2) If there is an increase or decrease in the cost of roads constructed by the timber purchaser, caused by variations in quantities, changes or modifications subsequent to the sale of timber made in accordance with applicable timber sale contract provisions, then an adjustment to the price paid for timber harvested by the purchaser shall be made. The adjustment shall be applied by the Secretary as soon as practicable after any such design change is implemented.
**(c) Special election by small business concerns**
(1) A notice of sale referred to in subsection (b) containing specified road construction of $50,000 or more, shall give
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 535a
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Source file: Laws/federal/codes/united-states-code/title-16/section-535a-forest-development-roads-prohibition-on-credits-inclusion-of-constructio--cbefd8b4eb.md
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Source location: Title 16, Chapter 2, § 535a; chapter-002-national-forests.md
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**(a) Prohibition on timber purchaser road credits** In financing any forest development road pursuant to [section 535 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section535&num=0&edition=prelim), the Secretary of Agriculture may not provide effective credit for road construction to any purchaser of national forest timber or other forest products.
**(b) Construction of roads by timber purchasers**
(1) Whenever the Secretary of Agriculture makes a determination that a forest development road referred to in subsection (a) shall be constructed or paid for, in whole or in part, by a purchaser of national forest timber or other forest products, the Secretary shall include notice of the determination in the notice of sale of the timber or other forest products. The notice of sale shall contain, or announce the availability of, sufficient information related to the road described in the notice to permit a prospective bidder on the sale to calculate the likely cost that would be incurred by the bidder to construct or finance the construction of the road so that the bidder may reflect such cost in the bid.
(2) If there is an increase or decrease in the cost of roads constructed by the timber purchaser, caused by variations in quantities, changes or modifications subsequent to the sale of timber made in accordance with applicable timber sale contract provisions, then an adjustment to the price paid for timber harvested by the purchaser shall be made. The adjustment shall be applied by the Secretary as soon as practicable after any such design change is implemented.
**(c) Special election by small business concerns**
(1) A notice of sale referred to in subsection (b) containing specified road construction of $50,000 or more, shall give a purchaser of national forest timber or other forest products that qualifies as a “small business concern” under the Small Business Act ([15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.), and regulations issued thereunder, the option to elect that the Secretary of Agriculture build the roads described in the notice. The Secretary shall provide the small business concern with an estimate of the cost that would be incurred by the Secretary to construct the roads on behalf of the small business concern. The notice of sale shall also include the date on which the roads described in the notice will be completed by the Secretary if the election is made.
(2) If the election referred to in paragraph (1) is made, the purchaser of the national forest timber or other forest products shall pay to the Secretary of Agriculture, in addition to the price paid for the timber or other forest products, an amount equal to the estimated cost of the roads which otherwise would be paid by the purchaser as provided in the notice of sale. Pending receipt of such amount, the Secretary may use receipts from the sale of national forest timber or other forest products and such additional sums as may be appropriated for the construction of roads, such funds to be available until expended, to accomplish the requested road construction.
**(d) Authorization of harvesting** In each sale of national forest timber or other forest products referred to in this section, the Secretary of Agriculture is encouraged to authorize harvest of the timber or other forest products in a unit included in the sale as soon as road work for that unit is completed and the road work is approved by the Secretary.
**(e) Construction standard** For any forest development road that is to be constructed or paid for by a purchaser of national forest timber or other forest products, the Secretary of Agriculture may not require the purchaser to design, construct, or maintain the road (or pay for the design, construction, or maintenance of the road) to a standard higher than the standard, consistent with applicable environmental laws and regulations, that is sufficient for the harvesting and removal of the timber or other forest products, unless the Secretary bears that part of the cost necessary to meet the higher standard.
**(f) Treatment of road value** For any forest development road that is constructed or paid for by a purchaser of national forest timber or other forest products, the estimated cost of the road construction, including subsequent design changes, shall be considered to be money received for purposes of the payments required to be made under [section 500 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim). To the extent that the appraised value of road construction determined under this subsection reflects funds contributed by the Secretary of Agriculture to build the road to a higher standard pursuant to subsection (e), the Secretary shall modify the appraisal of the road construction to exclude the effect of the Federal funds.
**(g) Effective date**
(1) This section and the requirements of this section shall take effect (and apply thereafter) upon the earlier of—
(A) April 1, 1999; or
(B) the date that is the later of—
(i) the effective date of regulations issued by the Secretary of Agriculture to implement this section; and
(ii) the date on which new timber sale contract provisions designed to implement this section, that have been published for public comment, are approved by the Secretary.
(2) Notwithstanding paragraph (1), any sale of national forest timber or other forest products for which notice of sale is provided before the effective date of this section, and any effective purchaser road credit earned pursuant to a contract resulting from such a notice of sale or otherwise earned before that effective date shall remain in effect, and shall continue to be subject to [section 535 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section535&num=0&edition=prelim) and [section 472a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section472a/i&num=0&edition=prelim), and rules issued thereunder, as in effect on the day before October 21, 1998.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized to provide for the acquisition, construction, and maintenance of forest development roads within and near the national forests and other lands administered by the Forest Service in locations and according to specifications which will permit maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the requirements for protection, development, and management thereof, and for utilization of the other resources thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers of national forest timber and other products, including provisions for amortization of road costs in contracts, (3) by cooperative financing with other public agencies and with private agencies or persons, or (4) by a combination of these methods: Provided, That where roads of a higher standard than that needed in the harvesting and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of the national forest timber and other products shall not be required to bear that part of the costs necessary to meet such higher standard, and the Secretary is authorized to make such arrangements to this end as may be appropriate. The Secretary is authorized, under such rules and regulations as he shall prescribe, to permit the transfer of unused effective purchaser credit for road construction earned after December 16, 1975, from one timber sale to a purchaser to another timber sale to the same purchaser within the same National Forest.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 535
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Federal law — U.S. Code and appendices · legal_authorities
On and after May 23, 1908, an amount equal to the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years from each national forest shall be paid, at the end of such year, by the Secretary of the Treasury to the State or Territory in which such national forest is situated, to be expended as the State or Territorial legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which such national forest is situated: Provided, That when any national forest is in more than one State or Territory or county the distributive share to each from the proceeds of such forest shall be proportional to its area therein. In sales of logs, ties, poles, posts, cordwood, pulpwood, and other forest products the amounts made available for schools and roads by this section shall be based upon the stumpage value of the timber. 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 500
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation.
**(b) Assistance to compete in international markets**
(1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by—
(A) enhancing their abil
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
Page 748
TITLE 15—COMMERCE AND TRADE
§ 631
Section 618, act June 30, 1947, ch. 166, title II, § 208, 61
Stat. 209, related to purchase and sale of surplus prop-
erty, and was repealed by act of May 25, 1948, ch. 334,
§ 7, 62 Stat. 265.
Section 619, act July 29, 1947, ch. 346, title II, § 201, 61
Stat. 515, related to limitations on use of funds of the
Corporation, which Corporation was abolished by sec-
tion 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22
FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out
preceding section 601 of this title.
CHAPTER 14A—AID TO SMALL BUSINESS
Sec.
631.
Declaration of policy.
631a.
Congressional declaration of small business
economic policy.
631b.
Reports to Congress; state of small business.
631c.
Small Business Manufacturing Task Force.
632.
Definitions.
633.
Small Business Administration.
633a.
Detailed justification for proposed changes in
budget requests.
634.
General powers.
634a.
Office of Advocacy within Small Business Ad-
ministration; Chief Counsel for Advocacy.
634b.
Primary functions of Office of Advocacy.
634c.
Additional duties of Office of Advocacy.
634d.
Staff and powers of Office of Advocacy.
634e.
Assistance of Government agencies.
634f.
Reports.
634g.
Budgetary line item and authorization of ap-
propriations.
635.
Deposit of moneys; depositaries, custodians,
and fiscal agents; contributions to employ-
ees’ compensation funds.
636.
Additional powers.
636a.
Repealed.
636b.
Disaster loan interest rates.
636c.
Age of applicant for disaster loans.
636d.
Disaster aid to major sources of employment.
636e.
Definitions.
636f.
Coordination of efforts between the Adminis-
trator and the Internal Revenue Service to
expedite loan processing.
636g.
Developmen
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 631
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 631. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 965
TITLE 16—CONSERVATION
§ 535a
tions and authority vested in Secretary of Energy sub-
sequently transferred to Federal Coordinator for Alas-
ka Natural Gas Transportation Projects by section
720d(f) of Title 15.
§ 534. Termination and cancellation of ease-
ments; notice; hearing
An easement granted under sections 532 to 538
of this title may be terminated by consent of
the owner of the easement, by condemnation, or
after a five-year period of nonuse the Secretary
may, if he finds the owner has abandoned the
easement, make a determination to cancel it.
Before the Secretary may cancel an easement
for nonuse the owner of such easement must be
notified of the determination to cancel and be
given, upon his request made within sixty days
after receipt of the notice, a hearing in accord-
ance with such rules and regulations as may be
issued by the Secretary.
(Pub. L. 88–657, § 3, Oct. 13, 1964, 78 Stat. 1089.)
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Sec-
retary or other official in Department of Agriculture
under sections 532 to 538 of this title to Federal Inspec-
tor, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to
Secretary of Energy, then to Federal Coordinator for
Alaska Natural Gas Transportation Projects, see
Transfer of Functions note set out under section 533 of
this title.
§ 535. Forest development roads; acquisition, con-
struction, and maintenance; maximum econ-
omy; methods of financing; cost arrange-
ments for construction standards; transfer of
unused effective purchaser credit for road
construction
The Secretary is authorized to provide for the
acquisition, construction, and maintenance of
forest development roads within a
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 535a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.