16 U.S.C. § 1606a — Reforestation Trust Fund

Page 1958 TITLE 16—CONSERVATION § 1606a which appear in text as references to sections 1601 and 1602 of this title and substituted ‘‘ninety calendar days of continuous session’’ for ‘‘sixty days of continuous session’’ and ‘‘ninety-day period’’ for ‘‘sixty-day pe- riod’’. Subsec. (c). Pub. L. 94–588, §§ 7(b), 12(b)(2), substituted ‘‘section 4’’ for ‘‘section 3’’ in the original which, be- cause of its translation as ‘‘section 1602 of this title’’ required no change in text and inserted provision re- quiring that the report include a description of the sta- tus of major research programs, significant findings, and how such findings will be applied in National For- est System management. Subsec. (d). Pub. L. 94–588, § 12(b)(3), made technical amendment to reference in original act which appears in text as reference to section 1602 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–313 effective Oct. 1, 1978, see section 17 of Pub. L. 95–313, set out as an Effective Date note under section 2101 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsecs. (a) and (c) of this section relating to trans- mitting an updated Assessment, Program, and State- ment of Policy to the Speaker of the House of Rep- resentatives and the President of the Senate and fur- nishing an annual report to Congress, 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 pages 45 and 48 of House Document No. 103–7. STATEMENT OF POLICY Pub. L. 96–514, title III, § 310, Dec. 12, 1980, 94 Stat. 2984, provided that: ‘‘The Statement of Policy trans- mitted by the President to the Speaker of the House of Representatives and the President of the Senate on June 19, 1980, as required under section 8 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [this section], is revised and modified to read as follows: ‘‘STATEMENT OF POLICY ‘‘BASIC PRINCIPLES ‘‘It is the policy of the United States— ‘‘(1) forests and rangeland, in all ownerships, should be managed to maximize their net social and eco- nomic contributions to the Nation’s well being, in an environmentally sound manner. ‘‘(2) the Nation’s forested land, except such public land that is determined by law or policy to be main- tained in its existing or natural state, should be man- aged at levels that realize its capabilities to satisfy the Nation’s need for food, fiber, energy, water, soil stability, wildlife and fish, recreation, and esthetic values. ‘‘(3) the productivity of suitable forested land, in all ownerships, should be maintained and enhanced to minimize the inflationary impacts of wood product prices on the domestic economy and permit a net ex- port of forest products by the year 2030. ‘‘(4) in order to achieve this goal, it is recognized that in the major timber growing regions most of the commercial timber lands will have to be brought to and maintained, where possible, at 90 percent of their potential level of growth, consistent with the provi- sions of the National Forest Management Act of 1976 [see Short Title of 1976 Amendment note set out under section 1600 of this title] on Federal lands, so that all resources are utilized in the combination that will best meet the needs of the American people. ‘‘(5) forest and rangeland protection programs should be improved to more adequately protect forest and rangeland resources from fire, erosion, insects, disease, and the introduction or spread of noxious weeds, insects, and animals. ‘‘(6) the Federal agencies carrying out the policies contained in this Statement will cooperate and co- ordinate their efforts to accomplish the goals con- tained in this Statement and will consult, coordinate, and cooperate with the planning efforts of the States. ‘‘(7) in carrying out the Assessment and the Pro- gram under the Forest and Rangeland Renewable Re- sources Planning Act of 1974 [this subchapter] and the Appraisal and the Program under the Soil and Water Resources Conservation Act of 1977 [section 2001 et seq. of this title], the Secretary of Agriculture shall assure that resources and economic information and evaluation data will be continually improved so that the best possible information is always available for use by Federal agencies and the public. ‘‘RANGE LAND DATA BASE AND ITS IMPROVEMENT ‘‘The data on and understanding of the cover and con- dition of range lands is less refined than the data on and understanding of commercial forest land. Range lands have significant value in the production of water and protection of watersheds; the production of fish and wildlife food and habitat; recreation; and the pro- duction of livestock forage. An adequate data base on the cover and condition of range lands should be devel- oped by the year 1990. Currently, cattle production from these lands is annually estimated at 213 million animal unit months of livestock forage. These lands should be maintained and enhanced, including their water and other resource values, so that they can annu- ally provide 310 million animal units months of forage by the year 2030, along with other benefits. ‘‘GENERAL ACCEPTANCE OF HIGH BOUND PROGRAM ‘‘Congress generally accepts the ‘high-bound’ pro- gram described on pages 7 through 18 of the 1980 Report to Congress on the Nation’s Renewable Resources pre- pared by the Secretary of Agriculture. However, Con- gress finds that the ‘high-bound’ program may not be sufficient to accomplish the goals contained in this statement, particularly in the area of range and water- shed resources, State and private forest cooperation and timber management. ‘‘STATE AND PRIVATE LANDS ‘‘States and owners of private forest and rangelands will be encouraged, consistent with their individual ob- jectives, to manage their land in support of this State- ment of Policy. The State and private forestry and range programs of the Forest Service will be essential to the furtherance of this Statement of Policy. ‘‘FUNDING THE GOALS ‘‘In order to accomplish the policy goals contained in this statement by the year 2030, the Federal Govern- ment should adequately fund programs of research (in- cluding cooperative research), extension, cooperative forestry assistance and protection, and improved man- agement of the forest and rangelands. The Secretary of Agriculture shall continue his efforts to evaluate the cost-effectiveness of the renewable resource programs.’’ STATEMENT OF PURPOSES OF AMENDMENT BY COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 Section 15, formerly section 12 of Pub. L. 95–313, re- numbered § 15, Pub. L. 101–624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525, provided in part that the amend- ment of subsec. (c) of this section by Pub. L. 95–313 is to insure that Congress has adequate information to implement its oversight responsibilities and to provide accountability for expenditures and activities under the Cooperative Forestry Assistance Act of 1978. See Short Title note set out under section 2101 of this title for classification of the Cooperative Forestry Assist- ance Act of 1978 in the Code. § 1606a. Reforestation Trust Fund (a) Establishment; source of funds There is established in the Treasury of the United States a trust fund, to be known as the Page 1959 TITLE 16—CONSERVATION § 1606a Reforestation Trust Fund (hereinafter in this section referred to as the ‘‘Trust Fund’’), con- sisting of such amounts as are transferred to the Trust Fund under subsection (b)(1) and any in- terest earned on investment of amounts in the Trust Fund under subsection (c)(2). (b) Transfers to Trust Fund (1) In general The Secretary of the Treasury shall transfer to the Trust Fund an amount equal to the sum of the tariffs received in the Treasury after January 1, 1989, under headings 4401 through 4412 and subheadings 4418.50.00, 4418.90.20, 4420.10.00, 4420.90.80, 4421.90.10 through 4421.90.20, and 4421.90.70 of chapter 44, sub- headings 6808.00.00 and 6809.11.00 of chapter 68 and subheading 9614.10.00 of chapter 96 of the Harmonized Tariff Schedule of the United States. (2) Frequency The amounts required to be transferred to the Trust Fund under paragraph (1) shall be transferred at least quarterly from the general fund of the Treasury to the Trust Fund on the basis of estimates made by the Secretary of the Treasury. (3) Adjustment of estimates Proper adjustment shall be made in the amounts subsequently transferred to the ex- tent prior estimates were in excess of or less than the amounts required to be transferred. (c) Report to Congress; printing as House and Senate document; investments; sale and re- demption of obligations; credits for Trust Fund (1) It shall be the duty of the Secretary of the Treasury to hold the Trust Fund, and (after con- sultation with the Secretary of Agriculture) to report to the Congress each year on the finan- cial condition and the results of the operations of the Trust Fund during the preceding fiscal year and on its expected condition and oper- ations during the next fiscal year. Such report shall be printed as both a House and Senate doc- ument of the session of the Congress to which the report is made. (2)(A) It shall be the duty of the Secretary of the Treasury to invest such portion of the Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obliga- tions of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obli- gations may be acquired (i) on original issue at the issue price, or (ii) by purchase of out- standing obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of special obligations exclusively to the Trust Fund. Such special obligations shall bear interest at a rate equal to the average rate of in- terest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obliga- tions of the United States then forming a part of the Public Debt; except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. (B) Any obligation acquired by the Trust Fund (except special obligations issued exclusively to the Trust Fund) may be sold by the Secretary of the Treasury at the market price, and such spe- cial obligations may be redeemed at par plus ac- crued interest. (C) The interest on, and the proceeds from the sale or redemption of, any obligations held in Trust Fund shall be credited to and form a part of the Trust Fund. (d) Obligations from Trust Fund The Secretary of Agriculture is on and after December 19, 1985, authorized to obligate such sums as are available in the Trust Fund (includ- ing any amounts not obligated in previous fiscal years) for— (1) reforestation and timber stand improve- ment as specified in subsection (e) of section 1601 of this title and other forest stand im- provement activities to enhance forest health and reduce hazardous fuel loads of forest stands in the National Forest System; and (2) properly allocable administrative costs of the Federal Government for the activities specified above. (Pub. L. 96–451, title III, § 303, Oct. 14, 1980, 94 Stat. 1991; Pub. L. 97–424, title IV, § 422, Jan. 6, 1983, 96 Stat. 2164; Pub. L. 99–190, § 101(d) [title II, § 201], Dec. 19, 1985, 99 Stat. 1224, 1245; Pub. L. 100–418, title I, § 1214(r), Aug. 23, 1988, 102 Stat. 1160; Pub. L. 105–83, title III, § 322, Nov. 14, 1997, 111 Stat. 1596; Pub. L. 117–58, div. G, title III, § 70302(b), Nov. 15, 2021, 135 Stat. 1260.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(1), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. CODIFICATION Section was not enacted as part of the Forest and Rangeland Renewable Resources Planning Act of 1974 which comprises this subchapter. In subsec. (c)(2)(A), ‘‘chapter 31 of title 31’’ sub- stituted for ‘‘the Second Liberty Bond Act, as amend- ed’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 2021—Subsec. (b). Pub. L. 117–58, § 70302(b)(1), sub- stituted ‘‘Transfers to Trust Fund’’ for ‘‘Transfer of certain tariff receipts to Trust Fund; fiscal year limita- tion; quarterly transfers; adjustment of estimates’’ in subsec. heading; inserted par. heading and substituted ‘‘The Secretary’’ for ‘‘Subject to the limitation in para- graph (2), the Secretary’’ in par. (1); struck out par. (2) which provided that the Secretary could not transfer Page 1960 TITLE 16—CONSERVATION § 1607 more than $30,000,000 to the Trust Fund for any fiscal year; redesignated par. (3) as (2) and inserted par. (2) heading; and redesignated second sentence of former par. (3) as (3) and inserted par. (3) heading. Subsec. (d)(1). Pub. L. 117–58, § 70302(b)(2), substituted ‘‘subsection (e) of section 1601’’ for ‘‘section 1601(d)’’ and made technical amendment to reference in original act which appears in text as reference to section 1601 of this title. 1997—Subsec. (d)(1). Pub. L. 105–83 inserted before semicolon ‘‘and other forest stand improvement activi- ties to enhance forest health and reduce hazardous fuel loads of forest stands in the National Forest System’’. 1988—Subsec. (b)(1). Pub. L. 100–418 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Subject to the limitation in paragraph (2), the Sec- retary of the Treasury shall transfer to the Trust Fund an amount equal to the sum of the tariffs received in the Treasury after September 30, 1979, under subparts A and B of part 1 of schedule 2 of the Tariff Schedules of the United States (19 U.S.C. 1202) and under part 3 of such schedule.’’ 1985—Subsec. (d). Pub. L. 99–190 amended subsec. (d) generally, substituting provisions authorizing the Sec- retary to obligate available sums in the Trust Fund, for provisions requiring the Secretary to expend all avail- able amounts in each of fiscal years 1983, 1984, and 1985. Subsec. (e). Pub. L. 99–190 struck out subsec. (e) which related to sense of Congress with respect to dis- position of unexpended funds. 1983—Subsec. (b)(1). Pub. L. 97–424, § 422(b), struck out ‘‘and before October 1, 1985,’’ after ‘‘September 30, 1979’’. Subsec. (d). Pub. L. 97–424, § 422(a), substituted provi- sions relating to fiscal years 1983 through 1985 for pro- vision that directed that for each of the first 5 fiscal years beginning after Sept. 30, 1980, there was author- ized after that date to be appropriated to the Secretary of Agriculture, out of any amounts in the Trust Fund, an amount equal to the sum of the amount by which the sum estimated by the Secretary of Agriculture for the fiscal year under section 1601(d)(2) of this title to be necessary for reforestation and other treatment of acreage, as set forth in the report transmitted by the Secretary to the Congress under that section for the fiscal year, exceeded the sum of the amounts appro- priated for the fiscal year under the authorization con- tained in section 1601(d)(3) of this title and under any other provision of law to carry out the same purpose; and such sums as were determined by the Secretary of Agriculture to be properly allocable to administrative costs of the Federal Government incurred for the fiscal year in connection with the reforestation program car- ried out under this chapter. Subsec. (e). Pub. L. 97–424, § 422(a), substituted provi- sion that it is the intent of Congress that the Secretary expend all of the funds available in the Trust Fund in each fiscal year and that any such funds which are not expended in a given fiscal year remain available for ex- penditure without fiscal year limitation; except that any funds not expended prior to Oct. 1, 1985, shall, no later than Apr. 30, 1986, be distributed to the States for use in State forestry programs pursuant to the formula set forth in section 500 of this title for provision that the Secretary of the Treasury pay into the general fund of the Treasury any amounts, including interest earned on such amounts, remaining in the Trust Fund after Sept. 30, 1985, which were not expended and remained in the Trust Fund. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c)(1) of this section relating to reporting to Congress each year, 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 143 of House Docu- ment No. 103–7. § 1607. National Forest System renewable re- sources; development and administration by Secretary in accordance with multiple use and sustained yield concepts for products and services; target year for operational pos- ture of resources; budget requests The Secretary shall take such action as will assure that the development and administration of the renewable resources of the National For- est System are in full accord with the concepts for multiple use and sustained yield of products and services as set forth in the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528–531]. To further these concepts, the Congress hereby sets the year 2030 as the target year when the re- newable resources of the National Forest Sys- tem shall be in an operating posture whereby all backlogs of needed treatment for their restora- tion shall be reduced to a current basis and the major portion of planned intensive multiple-use sustained-yield management procedures shall be installed and operating on an environmentally- sound basis. The annual budget shall contain re- quests for funds for an orderly program to elimi- nate such backlogs: Provided, That when the Secretary finds that (1) the backlog of areas that will benefit by such treatment has been eliminated, (2) the cost of treating the remain- der of such area exceeds the economic and envi- ronmental benefits to be secured from their treatment, or (3) the total supplies of the renew- able resources of the United States are adequate to meet the future needs of the American peo- ple, the budget request for these elements of res- toration may be adjusted accordingly. (Pub. L. 93–378, § 9, formerly § 8, Aug. 17, 1974, 88 Stat. 479, renumbered § 9, Pub. L. 94–588, § 2, Oct. 22, 1976, 90 Stat. 2949; amended Pub. L. 115–141, div. O, title II, § 208(b)(2), Mar. 23, 2018, 132 Stat. 1066; Pub. L. 117–58, div. G, title III, § 70302(a)(2), Nov. 15, 2021, 135 Stat. 1260.) Editorial Notes REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, re- ferred to in text, 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. AMENDMENTS 2021—Pub. L. 117–58 substituted ‘‘year 2030’’ for ‘‘year 2000’’. 2018—Pub. L. 115–141 substituted ‘‘Secretary shall take’’ for ‘‘Secretary of Agriculture shall take’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of Agriculture under this subchapter to Federal Inspector, Office of