16 U.S.C. § 528 — Development and administration of renew-

Page 962 TITLE 16—CONSERVATION § 527 ‘‘(3) SUBJECTS TO BE STUDIED.—The Task Force shall study and make recommendations on— ‘‘(A) whether Federal water rights should be ac- quired for environmental protection on National Forest land; ‘‘(B) measures necessary to protect the free exer- cise of non-Federal water rights requiring ease- ments and permits from the Forest Service; ‘‘(C) the protection of minimum instream flows for environmental and watershed management pur- poses on National Forest land through purchases or exchanges from willing sellers in accordance with State law; ‘‘(D) the effects of any of the recommendations made under this paragraph on existing State laws, regulations, and customs of water usage; and ‘‘(E) measures that would be useful in avoiding or resolving conflicts between the Forest Service’s re- sponsibilities for natural resource and environ- mental protection, the public interest, and the property rights and interests of water holders with special use permits for water facilities, including the study of the Federal acquisition of water rights, dispute resolution, mitigation, and compensation. ‘‘(4) FINAL REPORT.—As soon as practicable, but not later than 14 months, after the date of enactment of this Act [Apr. 4, 1996], the Task Force shall provide the final report of the Task Force to— ‘‘(A) the Secretary of Agriculture; ‘‘(B) the Speaker of the House of Representatives; ‘‘(C) the President pro tempore of the Senate; ‘‘(D) the Chairman of the Committee on Agri- culture of the House of Representatives; ‘‘(E) the Chairman of the Committee on Agri- culture, Nutrition, and Forestry of the Senate; ‘‘(F) the Chairman of the Committee on Re- sources [now Committee on Natural Resources] of the House of Representatives; and ‘‘(G) the Chairman of the Committee on Energy and Natural Resources of the Senate. ‘‘(5) AUTHORIZATION OF FUNDS.—The Secretary of Agriculture shall use funds made available for sala- ries and administrative expenses of the Department of Agriculture to carry out this subsection. ‘‘(e) EXTENSION FOR DELAY.—There shall be a day-for- day extension to the 20-month moratorium required by subsection (a) and a day-for-day extension to the report required by subsection (d)(4)— ‘‘(1) for every day of delay in implementing or es- tablishing the Water Rights Task Force caused by a failure to nominate Task Force members by the Ad- ministration or by the Congress; or ‘‘(2) for every day of delay caused by a failure by the Secretary of Agriculture to identify adequate re- sources as determined by the Secretary of Agri- culture to carry out the purposes of the Task Force.’’ § 527. Use of Forest Service funds for administra- tion of certain lands The Forest Service may expend funds avail- able for national forest protection and manage- ment for the administration of lands under con- tract for purchase or for the acquisition of which condemnation proceedings have been in- stituted under the Act of March 1, 1911, and the Act of June 7, 1924, and lands transferred to the Forest Service for administration. (Sept. 21, 1944, ch. 412, title II, § 211, 58 Stat. 737.) Editorial Notes REFERENCES IN TEXT Act of March 1, 1911, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. Act of June 7, 1924, referred to in text, is act June 7, 1924, ch. 348, 43 Stat. 653, which is classified to sections 471, 499, 505, 515, 564, 565, 566, 567, 568, 569, and 570 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. § 528. Development and administration of renew- able surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and pur- pose It is the policy of the Congress that the na- tional forests are established and shall be ad- ministered for outdoor recreation, range, tim- ber, watershed, and wildlife and fish purposes. The purposes of sections 528 to 531 of this title are declared to be supplemental to, but not in derogation of, the purposes for which the na- tional forests were established as set forth in section 475 of this title. Nothing herein shall be construed as affecting the jurisdiction or re- sponsibilities of the several States with respect to wildlife and fish on the national forests. Nothing herein shall be construed so as to affect the use or administration of the mineral re- sources of national forest lands or to affect the use or administration of Federal lands not with- in national forests. (Pub. L. 86–517, § 1, June 12, 1960, 74 Stat. 215.) Statutory Notes and Related Subsidiaries SHORT TITLE Section 5 of Pub. L. 86–517, as added Pub. L. 94–588, § 19, Oct. 22, 1976, 90 Stat. 2962, provided that: ‘‘This Act [enacting this section and sections 529 to 531 of this title] may be cited as the ‘Multiple-Use Sustained- Yield Act of 1960’.’’ PILOT PROGRAM OF CHARGES AND FEES FOR HARVEST OF FOREST BOTANICAL PRODUCTS Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 339], Nov. 29, 1999, 113 Stat. 1535, 1501A–199, as amended by Pub. L. 108–108, title III, § 335, Nov. 10, 2003, 117 Stat. 1312; Pub. L. 111–88, div. A, title IV, § 420, Oct. 30, 2009, 123 Stat. 2960; Pub. L. 113–76, div. G, title IV, § 432, Jan. 17, 2014, 128 Stat. 345; Pub. L. 113–287, § 5(d)(11), Dec. 19, 2014, 128 Stat. 3265, provided that: ‘‘(a) DEFINITION OF FOREST BOTANICAL PRODUCT.—For purposes of this section, the term ‘forest botanical product’ means any naturally occurring mushrooms, fungi, flowers, seeds, roots, bark, leaves, and other vegetation (or portion thereof) that grow on National Forest System lands. The term does not include trees, except as provided in regulations issued under this sec- tion by the Secretary of Agriculture. ‘‘(b) RECOVERY OF FAIR MARKET VALUE FOR PROD- UCTS.—The Secretary of Agriculture shall develop and implement a pilot program to charge and collect fees under subsection (c) for forest botanical products har- vested on National Forest System lands. The Secretary shall establish appraisal methods and bidding proce- dures to determine the fair market value of forest bo- tanical products harvested under the pilot program. ‘‘(c) FEES.— ‘‘(1) IMPOSITION AND COLLECTION.—Under the pilot program, the Secretary of Agriculture shall charge and collect from a person who harvests forest botan- ical products on National Forest System lands a fee Page 963 TITLE 16—CONSERVATION § 529 in an amount established by the Secretary to recover at least a portion of the fair market value of the har- vested forest botanical products and a portion of the costs incurred by the Department of Agriculture as- sociated with granting, modifying, or monitoring the authorization for harvest of the forest botanical prod- ucts, including the costs of any environmental or other analysis. ‘‘(2) SECURITY.—The Secretary may require a person assessed a fee under this subsection to provide secu- rity to ensure that the Secretary receives the fees imposed under this subsection from the person. ‘‘(d) SUSTAINABLE HARVEST LEVELS FOR FOREST BO- TANICAL PRODUCTS.—The Secretary of Agriculture shall conduct appropriate analyses to determine whether and how the harvest of forest botanical products on Na- tional Forest System lands can be conducted on a sus- tainable basis. The Secretary may not permit under the pilot program the harvest of forest botanical products at levels in excess of sustainable harvest levels, as de- fined pursuant to the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). The Secretary shall estab- lish procedures and timeframes to monitor and revise the harvest levels established for forest botanical prod- ucts. ‘‘(e) WAIVER AUTHORITY.— ‘‘(1) PERSONAL USE.—The Secretary of Agriculture shall establish a personal use harvest level for each forest botanical product, and the harvest of a forest botanical product below that level by a person for personal use shall not be subject to a fee under sub- section (c). ‘‘(2) OTHER EXCEPTIONS.—The Secretary may also waive the application of subsection (b) or (c) pursuant to such regulations as the Secretary may prescribe. ‘‘(f) DEPOSIT AND USE OF FUNDS.— ‘‘(1) DEPOSIT.—Funds collected under the pilot pro- gram in accordance with subsection (c) shall be de- posited into a special account in the Treasury of the United States. ‘‘(2) FUNDS AVAILABLE.—Funds deposited into the special account in accordance with paragraph (1) shall be available for expenditure by the Secretary of Agriculture under paragraph (3) without further ap- propriation, and shall remain available for expendi- ture until the date specified in subsection (h)(2). ‘‘(3) AUTHORIZED USES.—The funds made available under paragraph (2) shall be expended at units of the National Forest System in proportion to the fees col- lected at that unit under subsection (c) to pay for the costs of conducting inventories of forest botanical products, determining sustainable levels of harvest, monitoring and assessing the impacts of harvest lev- els and methods, conducting restoration activities, including any necessary vegetation, and covering costs of the Department of Agriculture described in subsection (c)(1). ‘‘(4) TREATMENT OF FEES.—Funds collected under subsection (c) shall not be taken into account for the purposes of the following laws: ‘‘(A) The sixth paragraph under the heading ‘FOR- EST SERVICE’ in the Act of May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (com- monly known as the Weeks Act; 16 U.S.C. 500). ‘‘(B) The fourteenth paragraph under the heading ‘FOREST SERVICE’ in the Act of March 4, 1913 (16 U.S.C. 501). ‘‘(C) Section 33 of the Bankhead-Jones Farm Ten- ant Act (7 U.S.C. 1012). ‘‘(D) The Act of August 8 [28], 1937 [now 43 U.S.C. 2601 et seq.], and the Act of May 24, 1939 (43 U.S.C. 1181a et seq.) [now 43 U.S.C. 2621 et seq.]. ‘‘(E) Section 6 of the Act of June 14, 1926 (com- monly known as the Recreation and Public Pur- poses Act; 43 U.S.C. 869–4). ‘‘(F) Chapter 69 of title 31, United States Code. ‘‘(G) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s). ‘‘(H) Section 100904 of title 54, United States Code. ‘‘(I) Any other provision of law relating to rev- enue allocation. ‘‘(g) REPORTING REQUIREMENTS.—As soon as prac- ticable after the end of each fiscal year in which the Secretary of Agriculture collects fees under subsection (c) or expends funds from the special account under subsection (f), the Secretary shall submit to the Con- gress a report summarizing the activities of the Sec- retary under the pilot program, including the funds generated under subsection (c), the expenses incurred to carry out the pilot program, and the expenditures made from the special account during that fiscal year. ‘‘(h) DURATION OF PILOT PROGRAM.— ‘‘(1) COLLECTION OF FEES.—The Secretary of Agri- culture may collect fees under the authority of sub- section (c) through fiscal year 2019. ‘‘(2) USE OF SPECIAL ACCOUNT.—The Secretary may make expenditures from the special account under subsection (f) until September 30 of the fiscal year following the last fiscal year specified in paragraph (1). After that date, amounts remaining in the special account shall be transferred to the general fund of the Treasury.’’ [Pub. L. 118–42, div. E, title IV, § 426, Mar. 9, 2024, 138 Stat. 290, provided that: ‘‘Section 339 of the Depart- ment of the Interior and Related Agencies Appropria- tions Act, 2000 (as enacted into law by Public Law 106–113; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108–108 and section 432 of Public Law 113–76 [set out above], shall be applied by substituting ‘fiscal year 2024’ for ‘fiscal year 2019’.’’] [Similar provisions were contained in the following prior appropriation acts: [Pub. L. 117–328, div. G, title IV, § 427, Dec. 29, 2022, 136 Stat. 4827.] [Pub. L. 117–103, div. G, title IV, § 427, Mar. 15, 2022, 136 Stat. 416.] [Pub. L. 116–260, div. G, title IV, § 429, Dec. 27, 2020, 134 Stat. 1542.] [Pub. L. 116–94, div. D, title IV, § 432, Dec. 20, 2019, 133 Stat. 2749.] [Pub. L. 108–108, § 335(3), which directed amendment of section 1000(a)(3) [title III, § 339(d)(1)] of Pub. L. 106–113, set out above, was executed to section 1000(a)(3) [title III, § 339(e)(1)] of Pub. L. 106–113 to reflect the probable intent of Congress.] § 529. Authorization of development and adminis- tration consideration to relative values of re- sources; areas of wilderness The Secretary of Agriculture is authorized and directed to develop and administer the renew- able surface resources of the national forests for multiple use and sustained yield of the several products and services obtained therefrom. In the administration of the national forests due con- sideration shall be given to the relative values of the various resources in particular areas. The establishment and maintenance of areas of wil- derness are consistent with the purposes and provisions of sections 528 to 531 of this title. (Pub. L. 86–517, § 2, June 12, 1960, 74 Stat. 215.) Executive Documents 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 Depart- ment, related to compliance with provisions of sections 528 to 531 of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred 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.