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16 U.S.C. § 535 — Forest development roads; acquisition, construction, and maintenance; maximum economy; methods of financing; cost arrangements for construction standards; transfer of unused effective purchaser credit for road construction
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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Stable record: federal_law:legal_authorities:record_usc_8242b61681fd0398035bf760
Source file: Laws/federal/codes/united-states-code/title-16/section-535-forest-development-roads-acquisition-construction-and-maintenance-maximu--8132e830f2.md
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Source location: Title 16, Chapter 2, § 535; chapter-002-national-forests.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized, under such regulations as he may prescribe, subject to the provisions of sections 532 to 538 of this title, to grant permanent or temporary easements for specified periods or otherwise for road rights-of-way (1) over national forest lands and other lands administered by the Forest Service, and (2) over any other related lands with respect to which the Department of Agriculture has rights under the terms of the grant to it.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 533
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration of policy; time for development; method of financing; financing of forest development roads** The Congress declares that the installation of a proper system of transportation to service the National Forest System, as is provided for in sections 532 to 538 of this title, shall be carried forward in time to meet anticipated needs on an economical and environmentally sound basis, and the method chosen for financing the construction and maintenance of the transportation system should be such as to enhance local, regional, and national benefits: Provided, That limitations on the level of obligations for construction of forest roads by timber purchasers shall be established in annual appropriation Acts.
**(b) Construction of temporary roadways in connection with timber contracts, and other permits or leases** Unless the necessity for a permanent road is set forth in the forest development road system plan, any road constructed 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 the 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) Standards of roadway construction** 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1608
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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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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. § 535
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