16 U.S.C. § 539e — Reports

Page 972 TITLE 16—CONSERVATION § 539e 1 So in original. The comma probably should be a semicolon. 2 So in original. Subsec. (d). Pub. L. 101–626, § 102, added subsec. (d) and struck out former subsec. (d) which read as follows: ‘‘The provisions of this section shall apply notwith- standing the provisions of section 6(k) of the National Forest Management Act of 1976 (90 Stat. 2949).’’ Subsec. (e). Pub. L. 101–626, § 103(a), added subsec. (e). Subsec. (f). Pub. L. 101–626, § 105(b), added subsec. (f). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–626, § 1(a), Nov. 28, 1990, 104 Stat. 4426, pro- vided that: ‘‘This Act [amending this section and sec- tions 472a and 539e of this title, enacting provisions listed in a table of Wilderness Areas set out under sec- tion 1132 of this title, and enacting provisions set out as notes under this section and section 539e of this title] may be cited as the ‘Tongass Timber Reform Act’.’’ STUDY CONTAINING RECOMMENDATIONS ON NEED TO STANDARDIZE RIPARIAN MANAGEMENT PRACTICES IN TONGASS NATIONAL FOREST Pub. L. 101–626, title I, § 103(b), Nov. 28, 1990, 104 Stat. 4427, directed the Secretary of Agriculture, no later than one year after Nov. 28, 1990, to prepare and trans- mit to Congress a study containing recommendations on the need, if any, to standardize riparian manage- ment practices for Federal, State, and private lands within the Tongass National Forest. APPLICATION OF AMENDMENTS BY PUB. L. 101–626 TO CERTAIN LONG-TERM TIMBER SALE CONTRACTS Pub. L. 101–626, title I, § 105(c), Nov. 28, 1990, 104 Stat. 4428, provided that: ‘‘The provisions of subsections (a) and (b) of this section [amending this section and sec- tion 472a of this title] shall not apply to the purchase of timber within the Tongass National Forest pursuant to the long-term timber sale contracts numbered 12–11–010–1545 and A10fs–1042 between the United States and the Alaska Pulp Corporation, and between the United States and the Ketchikan Pulp Company, re- spectively.’’ APPLICABILITY OF SUBSECTION (a) FROM OCTOBER 1, 1987 UNTIL SEPTEMBER 30, 1989 Pub. L. 100–203, title V, § 5202, Dec. 22, 1987, 101 Stat. 1330–267, provided that from the period beginning on Oc- tober 1, 1987, and extending until September 30, 1989, the provisions of subsec. (a) of this section was not ef- fective, and that in lieu thereof, the following provision was to apply: ‘‘There is hereby authorized to be appro- priated the sum of at least $40,000,000 annually (or such sums as the Secretary of Agriculture determines nec- essary) to maintain the timber supply from the Tongass National Forest to dependent industry at a rate of 4,500,000,000 foot board measure per decade.’’ § 539e. Reports (a) Timber supply and demand in southeastern Alaska The Secretary is directed to monitor timber supply and demand in southeastern Alaska and report annually thereon to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (b) Status of Tongass National Forest in south- eastern Alaska; contents Within five years from December 2, 1980, and every two years thereafter the Secretary shall review and report to Congress on the status of the Tongass National Forest in southeastern Alaska. This report shall include, but not be limited to, (1) the timber harvest levels in the forest since December 2, 1980; (2) the impact of wilderness designation on the timber, fishing, and tourism industry in southeast Alaska; (3) measures instituted by the Forest Service to protect fish and wildlife in the forest; (4) the status of the small business set aside program in the Tongass Forest,1 and (5) the impact of tim- ber management on subsistence resources, wild- life, and fisheries habitats. (c) Cooperation and consultation The study required by this section shall be conducted in cooperation and consultation with the State, affected Native Corporations, the southeast Alaska timber industry, the South- east Alaska Conservation Council, the southeast Alaska commercial fishing industry, and the Alaska Land Use Council..2 (Pub. L. 96–487, title VII, § 706, Dec. 2, 1980, 94 Stat. 2420; Pub. L. 101–626, title I, § 104, Nov. 28, 1990, 104 Stat. 4427; Pub. L. 103–437, § 6(d)(31), Nov. 2, 1994, 108 Stat. 4584.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. 1990—Subsec. (a). Pub. L. 101–626, § 104(a), struck out at end ‘‘If, at any time after December 2, 1980, the Sec- retary finds that the available land base in the Tongass National Forest is inadequate to maintain the timber supply from the Tongass National Forest to dependent industry at the rate of four billion five hundred million foot board measure per decade, he shall include such in- formation in his report.’’ Subsec. (b). Pub. L. 101–626, § 104(a), added cl. (5). Subsec. (c). Pub. L. 101–626, § 104(b), substituted ‘‘the southeast Alaska commercial fishing industry, and the Alaska Land Use Council.’’ for ‘‘and the Alaska Land Use Council’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to reporting to Congress, every two years, on the status of the Tongass National Forest, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 48 of House Document No. 103–7. STUDY REGARDING FEASIBILITY OF ACQUIRING PRE- VIOUSLY HARVESTED PRIVATE LANDS IN TONGASS NA- TIONAL FOREST Section 501 of Pub. L. 101–626 directed the Secretary, no later than one year after Nov. 28, 1990, to complete a study regarding feasibility of acquiring private lands located within boundary of the Tongass National For- est, which have been significantly harvested and to transmit the study to specific committees of Congress. § 539f. Nonprofit organization user of national forest lands (a) Permits for organization camps; waiver of charges; performance of services; loss of enti- tlement Notwithstanding any other provision of law, the Secretary of Agriculture is directed to waive