16 U.S.C. § 1601 — Renewable Resource Assessment

Page 1948 TITLE 16—CONSERVATION § 1601 (6) the Forest Service, by virtue of its statu- tory authority for management of the Na- tional Forest System, research and coopera- tive programs, and its role as an agency in the Department of Agriculture, has both a respon- sibility 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 substi- tution of these secondary materials for pri- mary 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.) Editorial Notes REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, re- ferred to in par. (3), is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, 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. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–58, div. G, title III, § 70301, Nov. 15, 2021, 135 Stat. 1258, provided that: ‘‘This title [amending sec- tions 1601, 1606a, 1607, and 2105 of this title and enacting provisions set out as a note under section 1601 of this title] may be cited as the ‘Repairing Existing Public Land by Adding Necessary Trees Act’ or the ‘REPLANT Act’.’’ SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100–521, § 1, Oct. 24, 1988, 102 Stat. 2601, pro- vided 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 Re- newable 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 Pub. L. 94–588, § 1, Oct. 22, 1976, 90 Stat. 2949, 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 en- acting 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 Pub. L. 93–378, § 1, 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 Pub. L. 94–588, § 21, Oct. 22, 1976, 90 Stat. 2963, 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 ap- plication of such provision to other persons and cir- cumstances shall not be affected thereby.’’ § 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 Na- tion’s social and economic well-being, and of the necessity for a long term perspective in plan- ning and undertaking related national renew- able resource programs administered by the For- est Service, the Secretary of Agriculture (re- ferred to in this subchapter as the ‘‘Secretary’’) shall prepare a Renewable Resource Assessment (hereinafter called the ‘‘Assessment’’). The As- sessment shall be prepared not later than De- cember 31, 1975, and shall be updated during 1979 and each tenth year thereafter, and shall in- clude 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 inter- national resource situation, and an emphasis of pertinent supply and demand and price rela- tionship trends; (2) an inventory, based on information devel- oped 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 in- tangible goods and services, together with es- timates of investment costs and direct and in- direct 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 respon- sibilities to public and private activities; (4) a discussion of important policy consider- ations, laws, regulations, and other factors ex- pected to influence and affect significantly the Page 1949 TITLE 16—CONSERVATION § 1601 1 So in original. The word ‘‘and’’ probably should not appear. 2 So in original. The comma probably should be a period. 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 re- newable resources on the forests and range- lands of the United States; and (6) an analysis of the rural and urban for- estry 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 sub- sequent Assessments on: (1) the additional fiber potential in the Na- tional Forest System including, but not re- stricted to, forest mortality, growth, salvage potential, potential increased forest products sales, economic constraints, alternate mar- kets, contract considerations, and other mul- tiple use considerations; (2) the potential for increased utilization of forest and wood product wastes in the Na- tional Forest System and on other lands, and of urban wood wastes and wood product recy- cling, including recommendations to the Con- gress for actions which would lead to in- creased utilization of material now being wasted both in the forests and in manufac- tured 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, as- sessing the degree of utilization into product form of harvested trees by such facilities, and setting forth the technology appropriate to the facilities to improve utilization either in- dividually or in aggregate units of harvested trees and to reduce wasted wood fibers. The Secretary shall set forth a program to encour- age the adoption by these facilities of these technologies for improving wood fiber utiliza- tion. (d) Public involvement; consultation with gov- ernmental departments and agencies In developing the reports required under sub- section (c) of this section, the Secretary shall provide opportunity for public involvement and shall consult with other interested govern- mental departments and agencies. (e) Congressional policy of multiple use sus- tained yield management; examination and certification of lands; estimate of appropria- tions necessary for reforestation and other treatment; budget requirements; authoriza- tion of appropriations (1) It is the policy of the Congress that all for- ested 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 se- cure the maximum benefits of multiple use sus- tained yield management in accordance with land management plans. Accordingly, the Sec- retary 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 Presi- dent’s budget for fiscal year 1978, the amount and location by forests and States and by pro- ductivity class, where practicable, of all lands in the National Forest System where objectives of land management plans indicate the need to re- forest areas that have been cut-over or other- wise 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 exam- ined after the first and third growing seasons and certified by the Secretary in the report pro- vided for under this subsection as to stocking rate, growth rate in relation to potential and other pertinent measures. Any lands not cer- tified 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 during each of the 10 years beginning after No- vember 15, 2021, transmit to the Congress in the manner provided in this subsection an estimate of the sums necessary to be appropriated, in ad- dition 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 10-year period. After the 10- year period, the Secretary shall transmit annu- ally to the Congress an estimate of the sums necessary to replant and otherwise treat all lands being cut over and maintain planned tim- ber production on all other forested lands in the National Forest System so as to prevent the de- velopment 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 Na- tional 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 pro- vided 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 fis- cal year 2021. The sums estimated as necessary for reforestation and other treatment shall in- clude moneys needed to secure seed, grow seed- lings, 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 pro- duction of trees and other multiple use values. (3) Effective for the fiscal year beginning Octo- ber 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 Page 1950 TITLE 16—CONSERVATION § 1601 meet requirements of this subsection. All sums appropriated for the purposes of this subsection shall be available until expended. (4) REFORESTATION REQUIREMENTS.— (A) DEFINITIONS.—In this paragraph: (i) NATURAL REGENERATION.— (I) IN GENERAL.—The term ‘‘natural re- generation’’ means the establishment of a tree or tree age class from natural seeding, sprouting, or suckering in accordance with the management objectives of an applica- ble land management plan. (II) INCLUSION.—The term ‘‘natural re- generation’’ may include any site prepara- tion activity to enhance the success of re- generation to the desired species composi- tion and structure. (ii) PRIORITY LAND.—The term ‘‘priority land’’ means National Forest System land that, due to an unplanned event— (I) does not meet the conditions for ap- propriate forest cover described in para- graph (1); (II) requires reforestation to meet the objectives of an applicable land manage- ment plan; and (III) is unlikely to experience natural re- generation without assistance. (iii) REFORESTATION.—The term ‘‘reforest- ation’’ means the act of renewing tree cover, taking into consideration species composi- tion and resilience, by establishing young trees through— (I) natural regeneration; (II) natural regeneration with site prepa- ration; or (III) planting or direct seeding. (iv) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Chief of the Forest Service. (v) UNPLANNED EVENT.— (I) IN GENERAL.—The term ‘‘unplanned event’’ means any unplanned disturbance that— (aa) disrupts ecosystem or forest struc- ture or composition; or (bb) changes resources, substrate avail- ability, or the physical environment. (II) INCLUSIONS.—The term ‘‘unplanned event’’ may include— (aa) a wildfire; (bb) an infestation of insects or dis- ease; (cc) a weather event; and (dd) animal damage. (B) REQUIREMENT.—Each reforestation activ- ity under this section shall be carried out in accordance with applicable Forest Service management practices and definitions, includ- ing definitions relating to silvicultural prac- tices and forest management. (C) REFORESTATION PRIORITY.— (i) IN GENERAL.—In carrying out this sub- section, the Secretary shall give priority to projects on the priority list described in clause (ii). (ii) PRIORITY LIST.— (I) IN GENERAL.—The Secretary shall, based on recommendations from regional foresters, create a priority list of reforest- ation projects that— (aa) primarily take place on priority land; (bb) promote effective reforestation following unplanned events; and (cc) may include activities to ensure adequate and appropriate seed avail- ability. (II) RANKING.—The Secretary shall rank projects on the priority list under sub- clause (I) based on— (aa) documentation of an effective re- forestation project plan; (bb) the ability to measure the progress and success of the project; and (cc) the ability of a project to provide benefits relating to forest function and health, soil health and productivity, wildlife habitat, improved air and water quality, carbon sequestration potential, resilience, job creation, and enhanced recreational opportunities. (f) 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 ad- verse 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; Pub. L. 115–141, div. O, title II, § 208(b)(1), Mar. 23, 2018, 132 Stat. 1066; Pub. L. 117–58, div. G, title III, § 70302(a)(1)(A), Nov. 15, 2021, 135 Stat. 1258.) Editorial Notes CODIFICATION Subsec. (b) of this section amended section 581h of this title. AMENDMENTS 2021—Subsecs. (d), (e). Pub. L. 117–58, § 70302(a)(1)(A)(ii), redesignated subsec. (d) relating to Congressional policy regarding forested land in the Na- tional Forest System as (e). Former subsec. (e) redesig- nated (f). Subsec. (e)(2). Pub. L. 117–58, § 70302(a)(1)(A)(iii)(I), in first sentence, substituted ‘‘1607 of this title, the Sec- retary shall, annually during each of the 10 years be- ginning after November 15, 2021’’ for ‘‘1607 of this title, the Secretary shall annually for eight years following October 22, 1976’’ and ‘‘10-year’’ for ‘‘eight-year’’; in sec- ond sentence, substituted ‘‘the 10-year period’’ for ‘‘such eight-year period’’; and in third sentence, sub- stituted ‘‘fiscal year 2021’’ for ‘‘fiscal year 1978’’. Subsec. (e)(3). Pub. L. 117–58, § 70302(a)(1)(A)(iii)(II), substituted ‘‘requirements of this subsection’’ for ‘‘re- quirements of this subsection (d)’’. Subsec. (e)(4). Pub. L. 117–58, § 70302(a)(1)(A)(iii)(III), added par. (4). Subsec. (f). Pub. L. 117–58, § 70302(a)(1)(A)(i), redesig- nated subsec. (e) as (f). 2018—Subsec. (a). Pub. L. 115–141 inserted ‘‘(referred to in this subchapter as the ‘Secretary’)’’ after ‘‘Sec- retary of Agriculture’’ in introductory provisions. 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). Page 1951 TITLE 16—CONSERVATION § 1602 Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsecs. (d)(1) and (e) of this section relating to sub- mitting annual reports to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance, and pages 45 and 47 of House Document No. 103–7. REPORT Pub. L. 117–58, div. G, title III, § 70303, Nov. 15, 2021, 135 Stat. 1260, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], and annually thereafter, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutri- tion, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, and make publicly available on the website of the Forest Service, a report that describes, with respect to the preceding year— ‘‘(1) an evaluation of the degree to which the Sec- retary has achieved compliance with the require- ments contained in the amendments made by this title [see Short Title of 2021 Amendment note set out under section 1600 of this title], including, as a result of those amendments, the number of acres covered by reforestation projects that follow unplanned events (such as wildfires); ‘‘(2) the total number of acres of land reforested under each authority of the Secretary under which reforestation projects have been carried out; ‘‘(3) the number of acres of National Forest System land affected by, and the substance of reforestation needs on that land resulting from, unplanned events; and ‘‘(4) the number of acres in need of reforestation under subsection (e)(1) of section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).’’ PRESIDENTIAL COMMISSION ON STATE AND PRIVATE FORESTS Pub. L. 101–624, title XII, § 1245, Nov. 28, 1990, 104 Stat. 3548, as amended by Pub. L. 102–237, title X, § 1018(b), Dec. 13, 1991, 105 Stat. 1905, established the Commission on State and Private Forests, which was to assess the status of the State and private forest lands of the United States and report its findings and recommenda- tions to the President by Dec. 1, 1992, and which termi- nated 90 days after submitting its report. 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 this subchapter and system activities requiring coordination and approval under general authorities of this subchapter with re- spect to pre-construction, construction, and initial op- eration 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 Transpor- tation 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, Govern- ment Organization and Employees. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. § 1602. Renewable Resource Program; prepara- tion by Secretary and transmittal to Presi- dent; purpose and development of program; time of preparation, updating and contents In order to provide for periodic review of pro- grams for management and administration of the National Forest System, for research, for co- operative State and private Forest Service pro- grams, and for conduct of other Forest Service activities in relation to the findings of the As- sessment, the Secretary, utilizing information available to the Forest Service and other agen- cies within the Department of Agriculture, in- cluding 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 appro- priate detail for protection, management, and development of the National Forest System, in- cluding forest development roads and trails; for cooperative Forest Service programs; and for re- search. The Program shall be developed in ac- cordance with principles set forth in the Mul- tiple-Use Sustained-Yield Act of June 12, 1960 (74 Stat. 215; 16 U.S.C. 528–531), and the National En- vironmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. The Program shall be pre- pared 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 oppor- tunities for both public and private program investments. The inventory shall differentiate between activities which are of a capital na- ture and those which are of an operational na- ture; (2) specific identification of Program out- puts, results anticipated, and benefits associ- ated 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 accomplish- ment of inventoried Program opportunities, with specified costs, outputs, results, and ben- efits; (4) a detailed study of personnel require- ments as needed to implement and monitor ex- isting and ongoing programs; and (5) Program recommendations which— (A) evaluate objectives for the major For- est Service programs in order that multiple- use 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 pro- grams to improve and enhance the condition of the land and the renewable resource prod- ucts therefrom; (C) recognize the fundamental need to pro- tect and, where appropriate, improve the quality of soil, water, and air resources;