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16 U.S.C. § 1604 — National Forest System land and resource

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16 U.S.C. § 1604 — National Forest System land and resource

Page 1952 TITLE 16—CONSERVATION § 1603 (D) state national goals that recognize the interrelationships between and interdepend- ence within the renewable resources; (E) evaluate the impact of the export and import of raw logs upon domestic timber supplies and prices; and (F) account for the effects of global cli- mate change on forest and rangeland condi- tions, including potential effects on the geo- graphic ranges of species, and on forest and rangeland products. (Pub. L. 93–378, § 4, formerly § 3, Aug. 17, 1974, 88 Stat. 477, renumbered § 4 and amended Pub. L. 94–588, §§ 2, 5, Oct. 22, 1976, 90 Stat. 2949, 2951; Pub. L. 101–624, title XXIV, § 2408(b), Nov. 28, 1990, 104 Stat. 4061; Pub. L. 115–141, div. O, title II, § 208(b)(2), Mar. 23, 2018, 132 Stat. 1066.) 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. The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2018—Pub. L. 115–141 substituted ‘‘Secretary’’ for ‘‘Secretary of Agriculture’’ in introductory provisions. 1990—Par. (5)(F). Pub. L. 101–624 added subpar. (F). 1976—Par. (4). Pub. L. 94–588 substituted ‘‘implement and monitor’’ for ‘‘satisfy’’. Par. (5). Pub. L. 94–588 added par. (5). Execu

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Page 1952 TITLE 16—CONSERVATION § 1603 (D) state national goals that recognize the interrelationships between and interdepend- ence within the renewable resources; (E) evaluate the impact of the export and import of raw logs upon domestic timber supplies and prices; and (F) account for the effects of global cli- mate change on forest and rangeland condi- tions, including potential effects on the geo- graphic ranges of species, and on forest and rangeland products. (Pub. L. 93–378, § 4, formerly § 3, Aug. 17, 1974, 88 Stat. 477, renumbered § 4 and amended Pub. L. 94–588, §§ 2, 5, Oct. 22, 1976, 90 Stat. 2949, 2951; Pub. L. 101–624, title XXIV, § 2408(b), Nov. 28, 1990, 104 Stat. 4061; Pub. L. 115–141, div. O, title II, § 208(b)(2), Mar. 23, 2018, 132 Stat. 1066.) 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. The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2018—Pub. L. 115–141 substituted ‘‘Secretary’’ for ‘‘Secretary of Agriculture’’ in introductory provisions. 1990—Par. (5)(F). Pub. L. 101–624 added subpar. (F). 1976—Par. (4). Pub. L. 94–588 substituted ‘‘implement and monitor’’ for ‘‘satisfy’’. Par. (5). Pub. L. 94–588 added par. (5). 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 Federal Inspector for Alaska Natural Gas Transpor- tation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Nat- ural Gas Transportation Projects, see note set out under section 1601 of this title. § 1603. National Forest System resource inven- tories; development, maintenance, and up- dating by Secretary as part of Assessment As a part of the Assessment, the Secretary shall develop and maintain on a continuing basis a comprehensive and appropriately de- tailed inventory of all National Forest System lands and renewable resources. This inventory shall be kept current so as to reflect changes in conditions and identify new and emerging re- sources and values. (Pub. L. 93–378, § 5, formerly § 4, Aug. 17, 1974, 88 Stat. 477, renumbered § 5, 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–141 substituted ‘‘Secretary’’ for ‘‘Secretary of Agriculture’’. § 1604. National Forest System land and resource management plans (a) Development, maintenance, and revision by Secretary as part of program; coordination As a part of the Program provided for by sec- tion 1602 of this title, the Secretary shall de- velop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning proc- esses of State and local governments and other Federal agencies. (b) Criteria In the development and maintenance of land management plans for use on units of the Na- tional Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, bi- ological, economic, and other sciences. (c) Incorporation of standards and guidelines by Secretary; time of completion; progress re- ports; existing management plans The Secretary shall begin to incorporate the standards and guidelines required by this sec- tion in plans for units of the National Forest System as soon as practicable after October 22, 1976, and shall attempt to complete such incor- poration for all such units by no later than Sep- tember 30, 1985. The Secretary shall report to the Congress on the progress of such incorpora- tion in the annual report required by section 1606(c) of this title. Until such time as a unit of the National Forest System is managed under plans developed in accordance with this sub- chapter, the management of such unit may con- tinue under existing land and resource manage- ment plans. (d) Public participation and consultation (1) In general The Secretary shall provide for public par- ticipation in the development, review, and re- vision of land management plans including, but not limited to, making the plans or revi- sions available to the public at convenient lo- cations in the vicinity of the affected unit for a period of at least three months before final adoption, during which period the Secretary shall publicize and hold public meetings or comparable processes at locations that foster public participation in the review of such plans or revisions. (2) No additional consultation required after approval of land management plans (A) In general Except as provided in subparagraph (B), notwithstanding any other provision of law, the Secretary shall not be required to en- gage in consultation under this section or any other provision of law (including section 7 of Public Law 93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Page 1953 TITLE 16—CONSERVATION § 1604 1 See References in Text note below. Regulations (or a successor regulation)) with respect to— (i) the listing of a species as threatened or endangered, or a designation of critical habitat pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), if a land management plan has been adopted by the Secretary as of the date of listing or designation; and (ii) any provision of a land management plan adopted as described in clause (i). (B) Exception Subparagraph (A) shall not apply if— (i) 15 years have passed since the date on which the Secretary adopted the land management plan described in clause (i) of that subparagraph; and (ii) 5 years have passed since the date of enactment of this section 1 or the date of the listing of a species as threatened or en- dangered for a species known to occur on the unit or the designation of critical habitat within the unit as described in clause (i) of that subparagraph, whichever is later. (C) Effect of paragraph Nothing in this paragraph affects any ap- plicable requirement of the Secretary to consult with the head of any other Federal department or agency— (i) regarding any project carried out, or proposed to be carried out, to implement a land management plan pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), includ- ing any requirement to consult regarding the consideration of cumulative impacts of completed, ongoing, and planned projects; or (ii) with respect to— (I) the development of a modification to a land management plan; or (II) an amendment or revision to a land management plan in accordance with paragraph (4) or (5) of subsection (f). (e) Required assurances In developing, maintaining, and revising plans for units of the National Forest System pursu- ant to this section, the Secretary shall assure that such plans— (1) provide for multiple use and sustained yield of the products and services obtained therefrom in accordance with the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528–531], and, in particular, include coordination of out- door recreation, range, timber, watershed, wildlife and fish, and wilderness; and (2) determine forest management systems, harvesting levels, and procedures in the light of all of the uses set forth in subsection (c)(1), the definition of the terms ‘‘multiple use’’ and ‘‘sustained yield’’ as provided in the Multiple- Use Sustained-Yield Act of 1960, and the avail- ability of lands and their suitability for re- source management. (f) Required provisions Plans developed in accordance with this sec- tion shall— (1) form one integrated plan for each unit of the National Forest System, incorporating in one document or one set of documents, avail- able to the public at convenient locations, all of the features required by this section; (2) be embodied in appropriate written mate- rial, including maps and other descriptive doc- uments, reflecting proposed and possible ac- tions, including the planned timber sale pro- gram and the proportion of probable methods of timber harvest within the unit necessary to fulfill the plan; (3) be prepared by an interdisciplinary team. Each team shall prepare its plan based on in- ventories of the applicable resources of the forest; (4) be amended in any manner whatsoever after final adoption after public notice, and, if such amendment would result in a significant change in such plan, in accordance with the provisions of subsections (e) and (f) of this sec- tion and public involvement comparable to that required by subsection (d) of this section; and (5) be revised (A) from time to time when the Secretary finds conditions in a unit have sig- nificantly changed, but at least every fifteen years, and (B) in accordance with the provi- sions of subsections (e) and (f) of this section and public involvement comparable to that re- quired by subsection (d) of this section. (g) Promulgation of regulations for development and revision of plans; environmental consid- erations; resource management guidelines; guidelines for land management plans As soon as practicable, but not later than two years after October 22, 1976, the Secretary shall in accordance with the procedures set forth in section 553 of title 5, promulgate regulations, under the principles of the Multiple-Use Sus- tained-Yield Act of 1960 [16 U.S.C. 528–531] that set out the process for the development and re- vision of the land management plans, and the guidelines and standards prescribed by this sub- section. The regulations shall include, but not be limited to— (1) specifying procedures to insure that land management plans are prepared in accordance with the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], including, but not limited to, direction on when and for what plans an environmental impact statement re- quired under section 102(2)(C) of that Act [42 U.S.C. 4332(2)(C)] shall be prepared; (2) specifying guidelines which— (A) require the identification of the suit- ability of lands for resource management; (B) provide for obtaining inventory data on the various renewable resources, and soil and water, including pertinent maps, graph- ic material, and explanatory aids; and (C) provide for methods to identify special conditions or situations involving hazards to the various resources and their relationship to alternative activities; (3) specifying guidelines for land manage- ment plans developed to achieve the goals of the Program which— (A) insure consideration of the economic and environmental aspects of various sys- Page 1954 TITLE 16—CONSERVATION § 1604 tems of renewable resource management, in- cluding the related systems of silviculture and protection of forest resources, to provide for outdoor recreation (including wilder- ness), range, timber, watershed, wildlife, and fish; (B) provide for diversity of plant and ani- mal communities based on the suitability and capability of the specific land area in order to meet overall multiple-use objec- tives, and within the multiple-use objectives of a land management plan adopted pursu- ant to this section, provide, where appro- priate, to the degree practicable, for steps to be taken to preserve the diversity of tree species similar to that existing in the region controlled by the plan; (C) insure research on and (based on con- tinuous monitoring and assessment in the field) evaluation of the effects of each man- agement system to the end that it will not produce substantial and permanent impair- ment of the productivity of the land; (D) permit increases in harvest levels based on intensified management practices, such as reforestation, thinning, and tree im- provement if (i) such practices justify in- creasing the harvests in accordance with the Multiple-Use Sustained-Yield Act of 1960, and (ii) such harvest levels are decreased at the end of each planning period if such prac- tices cannot be successfully implemented or funds are not received to permit such prac- tices to continue substantially as planned; (E) insure that timber will be harvested from National Forest System lands only where— (i) soil, slope, or other watershed condi- tions will not be irreversibly damaged; (ii) there is assurance that such lands can be adequately restocked within five years after harvest; (iii) protection is provided for streams, streambanks, shorelines, lakes, wetlands, and other bodies of water from detri- mental changes in water temperatures, blockages of water courses, and deposits of sediment, where harvests are likely to se- riously and adversely affect water condi- tions or fish habitat; and (iv) the harvesting system to be used is not selected primarily because it will give the greatest dollar return or the greatest unit output of timber; and (F) insure that clearcutting, seed tree cut- ting, shelterwood cutting, and other cuts de- signed to regenerate an evenaged stand of timber will be used as a cutting method on National Forest System lands only where— (i) for clearcutting, it is determined to be the optimum method, and for other such cuts it is determined to be appro- priate, to meet the objectives and require- ments of the relevant land management plan; (ii) the interdisciplinary review as deter- mined by the Secretary has been com- pleted and the potential environmental, biological, esthetic, engineering, and eco- nomic impacts on each advertised sale area have been assessed, as well as the con- sistency of the sale with the multiple use of the general area; (iii) cut blocks, patches, or strips are shaped and blended to the extent prac- ticable with the natural terrain; (iv) there are established according to geographic areas, forest types, or other suitable classifications the maximum size limits for areas to be cut in one harvest operation, including provision to exceed the established limits after appropriate public notice and review by the responsible Forest Service officer one level above the Forest Service officer who normally would approve the harvest proposal: Provided, That such limits shall not apply to the size of areas harvested as a result of natural catastrophic conditions such as fire, insect and disease attack, or windstorm; and (v) such cuts are carried out in a manner consistent with the protection of soil, wa- tershed, fish, wildlife, recreation, and es- thetic resources, and the regeneration of the timber resource. (h) Scientific committee to aid in promulgation of regulations; termination; revision commit- tees; clerical and technical assistance; com- pensation of committee members (1) In carrying out the purposes of subsection (g) of this section, the Secretary shall appoint a committee of scientists who are not officers or employees of the Forest Service. The committee shall provide scientific and technical advice and counsel on proposed guidelines and procedures to assure that an effective interdisciplinary ap- proach is proposed and adopted. The committee shall terminate upon promulgation of the regu- lations, but the Secretary may, from time to time, appoint similar committees when consid- ering revisions of the regulations. The views of the committees shall be included in the public information supplied when the regulations are proposed for adoption. (2) Clerical and technical assistance, as may be necessary to discharge the duties of the com- mittee, shall be provided from the personnel of the Department of Agriculture. (3) While attending meetings of the com- mittee, the members shall be entitled to receive compensation at a rate of $100 per diem, includ- ing traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, for persons in the Government service employed intermittently. (i) Consistency of resource plans, permits, con- tracts, and other instruments with land man- agement plans; revision Resource plans and permits, contracts, and other instruments for the use and occupancy of National Forest System lands shall be con- sistent with the land management plans. Those resource plans and permits, contracts, and other such instruments currently in existence shall be revised as soon as practicable to be made con- sistent with such plans. When land management plans are revised, resource plans and permits, contracts, and other instruments, when nec- essary, shall be revised as soon as practicable. Page 1955 TITLE 16—CONSERVATION § 1604 2 So in original. Probably should be ‘‘long-term’’. 3 So in original. The ‘‘; and’’ probably should be a period. Any revision in present or future permits, con- tracts, and other instruments made pursuant to this section shall be subject to valid existing rights. (j) Effective date of land management plans and revisions Land management plans and revisions shall become effective thirty days after completion of public participation and publication of notifica- tion by the Secretary as required under sub- section (d) of this section. (k) Development of land management plans In developing land management plans pursu- ant to this subchapter, the Secretary shall iden- tify lands within the management area which are not suited for timber production, consid- ering physical, economic, and other pertinent factors to the extent feasible, as determined by the Secretary, and shall assure that, except for salvage sales or sales necessitated to protect other multiple-use values, no timber harvesting shall occur on such lands for a period of 10 years. Lands once identified as unsuitable for timber production shall continue to be treated for re- forestation purposes, particularly with regard to the protection of other multiple-use values. The Secretary shall review his decision to classify these lands as not suited for timber production at least every 10 years and shall return these lands to timber production whenever he deter- mines that conditions have changed so that they have become suitable for timber production. (l) Program evaluation; process for estimating long-term costs and benefits; summary of data included in annual report The Secretary shall— (1) formulate and implement, as soon as practicable, a process for estimating long- terms 2 costs and benefits to support the pro- gram evaluation requirements of this sub- chapter. This process shall include require- ments to provide information on a representa- tive sample basis of estimated expenditures associated with the reforestation, timber stand improvement, and sale of timber from the National Forest System, and shall provide a comparison of these expenditures to the re- turn to the Government resulting from the sale of timber; and (2) include a summary of data and findings resulting from these estimates as a part of the annual report required pursuant to section 1606(c) of this title, including an identification on a representative sample basis of those ad- vertised timber sales made below the esti- mated expenditures for such timber as deter- mined by the above cost process; and 3 (m) Establishment of standards to ensure cul- mination of mean annual increment of growth; silvicultural practices; salvage har- vesting; exceptions The Secretary shall establish— (1) standards to insure that, prior to harvest, stands of trees throughout the National Forest System shall generally have reached the cul- mination of mean annual increment of growth (calculated on the basis of cubic measurement or other methods of calculation at the discre- tion of the Secretary): Provided, That these standards shall not preclude the use of sound silvicultural practices, such as thinning or other stand improvement measures: Provided further, That these standards shall not pre- clude the Secretary from salvage or sanitation harvesting of timber stands which are substan- tially damaged by fire, windthrow or other ca- tastrophe, or which are in imminent danger from insect or disease attack; and (2) exceptions to these standards for the har- vest of particular species of trees in manage- ment units after consideration has been given to the multiple uses of the forest including, but not limited to, recreation, wildlife habi- tat, and range and after completion of public participation processes utilizing the proce- dures of subsection (d) of this section. (Pub. L. 93–378, § 6, formerly, § 5, Aug. 17, 1974, 88 Stat. 477, renumbered § 6 and amended Pub. L. 94–588, §§ 2, 6, 12(a), Oct. 22, 1976, 90 Stat. 2949, 2952, 2958; Pub. L. 115–141, div. O, title II, § 208(a), (b)(2), Mar. 23, 2018, 132 Stat. 1065, 1066.) Editorial Notes REFERENCES IN TEXT Public Law 93–205, referred to subsec. (d)(2)(A)(i), (C)(i), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, known as the Endangered Species Act of 1973, which is classi- fied principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The date of enactment of this section, referred to in subsec. (d)(2)(B)(ii), probably means the date of enact- ment of Pub. L. 115–141, which added subsec. (d)(2) and was approved Mar. 23, 2018. The Multiple-Use Sustained-Yield Act of 1960, re- ferred to in subsecs. (e) and (g), is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, which is classified generally to sec- tions 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. The National Environmental Policy Act of 1969, re- ferred to in subsec. (g)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141, § 208(b)(2), sub- stituted ‘‘Secretary’’ for ‘‘Secretary of Agriculture’’. Subsec. (d). Pub. L. 115–141, § 208(a), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2). Subsec. (h)(1). Pub. L. 115–141, § 208(b)(2), substituted ‘‘Secretary shall appoint’’ for ‘‘Secretary of Agri- culture shall appoint’’. 1976—Subsec. (a). Pub. L. 94–588, § 12(a), made tech- nical amendment to reference in original Act which ap- pears in text as reference to section 1602 of this title. Subsecs. (c) to (m). Pub. L. 94–588, § 6, added subsecs. (c) to (m). Statutory Notes and Related Subsidiaries REVISION OF FOREST PLANS Pub. L. 118–42, div. E, title IV, § 407, Mar. 9, 2024, 138 Stat. 285, provided that: ‘‘The Secretary of Agriculture Page 1956 TITLE 16—CONSERVATION § 1605 shall not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Re- sources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Range- land Renewable Resources Planning Act [of 1974] (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an ac- celerated basis.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. G, title IV, § 407, Dec. 29, 2022, 136 Stat. 4821. Pub. L. 117–103, div. G, title IV, § 407, Mar. 15, 2022, 136 Stat. 410. Pub. L. 116–260, div. G, title IV, § 407, Dec. 27, 2020, 134 Stat. 1536. Pub. L. 116–94, div. D, title IV, § 407, Dec. 20, 2019, 133 Stat. 2743. Pub. L. 116–6, div. E, title IV, § 407, Feb. 15, 2019, 133 Stat. 259. Pub. L. 115–141, div. G, title IV, § 407, Mar. 23, 2018, 132 Stat. 688. Pub. L. 115–31, div. G, title IV, § 407, May 5, 2017, 131 Stat. 495. Pub. L. 114–113, div. G, title IV, § 407, Dec. 18, 2015, 129 Stat. 2575. Pub. L. 113–235, div. F, title IV, § 408, Dec. 16, 2014, 128 Stat. 2445. Pub. L. 113–76, div. G, title IV, § 407, Jan. 17, 2014, 128 Stat. 338. Pub. L. 112–74, div. E, title IV, § 409, Dec. 23, 2011, 125 Stat. 1039. Pub. L. 111–88, div. A, title IV, § 410, Oct. 30, 2009, 123 Stat. 2957. Pub. L. 111–8, div. E, title IV, § 410, Mar. 11, 2009, 123 Stat. 746. Pub. L. 110–161, div. F, title IV, § 410, Dec. 26, 2007, 121 Stat. 2146. Pub. L. 109–54, title IV, § 415, Aug. 2, 2005, 119 Stat. 551. Pub. L. 108–447, div. E, title III, § 320, Dec. 8, 2004, 118 Stat. 3097. Pub. L. 108–108, title III, § 320, Nov. 10, 2003, 117 Stat. 1306. Pub. L. 108–7, div. F, title III, § 320, Feb. 20, 2003, 117 Stat 274. Pub. L. 107–63, title III, § 327, Nov. 5, 2001, 115 Stat. 470. EXPEDITIOUS COMPLETION OF MANAGEMENT PLANS OF FOREST SERVICE AND BUREAU OF LAND MANAGEMENT; CONTINUATION OF EXISTING PLANS; JUDICIAL REVIEW Pub. L. 101–121, title III, § 312, Oct. 23, 1989, 103 Stat. 743, provided that: ‘‘The Forest Service and Bureau of Land Management are to continue to complete as expe- ditiously as possible development of their respective Forest Land and Resource Management Plans to meet all applicable statutory requirements. Notwithstanding the date in section 6(c) of the NFMA (16 U.S.C. 1600) [16 U.S.C. 1604(c)], the Forest Service, and the Bureau of Land Management under separate authority, may con- tinue the management of lands within their jurisdic- tion under existing land and resource management plans pending the completion of new plans. Nothing shall limit judicial review of particular activities on these lands: Provided, however, That there shall be no challenges to any existing plan on the sole basis that the plan in its entirety is outdated, or in the case of the Bureau of Land Management, solely on the basis that the plan does not incorporate information avail- able subsequent to the completion of the existing plan: Provided further, That any and all particular activities to be carried out under existing plans may nevertheless be challenged.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 100–446, title III, § 314, Sept. 27, 1988, 102 Stat. 1825. Pub. L. 100–202, § 101(g) [title III, § 314], Dec. 22, 1987, 101 Stat. 1329–213, 1329–254. Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–268, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–268. 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 Federal Inspector for Alaska Natural Gas Transpor- tation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Nat- ural Gas Transportation Projects, see note set out under section 1601 of this title. § 1605. Protection, use and management of re- newable resources on non-Federal lands; uti- lization of Assessment, surveys and Program by Secretary to assist States, etc. The Secretary may utilize the Assessment, re- source surveys, and Program prepared pursuant to this subchapter to assist States and other or- ganizations in proposing the planning for the protection, use, and management of renewable resources on non-Federal land. (Pub. L. 93–378, § 7, formerly § 6, Aug. 17, 1974, 88 Stat. 478, renumbered § 7, 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–141 substituted ‘‘Secretary’’ for ‘‘Secretary of Agriculture’’. § 1606. Budget requests by President for Forest Service activities (a) Transmittal to Speaker of House and Presi- dent of Senate of Assessment, Program and Statement of Policy used in framing re- quests; time for transmittal; implementation by President of programs established under Statement of Policy unless Statement subse- quently disapproved by Congress; time for disapproval On the date Congress first convenes in 1976 and thereafter following each updating of the As- sessment and the Program, the President shall transmit to the Speaker of the House of Rep- resentatives and the President of the Senate, when Congress convenes, the Assessment as set forth in section 1601 of this title and the Pro- gram as set forth in section 1602 of this title, to- gether with a detailed Statement of Policy in- tended to be used in framing budget requests by that Administration for Forest Service activi- ties for the five- or ten-year program period be- ginning during the term of such Congress for such further action deemed appropriate by the Congress. Following the transmission of such Assessment, Program, and Statement of Policy, the President shall, subject to other actions of the Congress, carry out programs already estab- lished by law in accordance with such State-

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(a) Findings** The Congress finds and declares that— (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements; and (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s herit­age in fish, wildlife, and plants. **(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of

Page 1909 TITLE 16—CONSERVATION § 1531 maintenance of continuing and stable supply of agri- cultural commodities and forest products. Section 1502, Pub. L. 91–524, title X, § 1002, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required eligible landowners and operators to furnish plan of farming operations or land use to Secretary. Section 1503, Pub. L. 91–524, title X, § 1003, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related to approved conservation plans as basis for contracts, duties under contracts, and termination or modifica- tion of contracts. Section 1504, Pub. L. 91–524, title X, § 1004, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author- ized furnishing of conservation materials to eligible owners and operators. Section 1505, Pub. L. 91–524, title X, § 1005, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat. 1022, authorized establishment of multiyear set-aside contracts. Section 1506, Pub. L. 91–524, title X, § 1006, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author- ized issuance of rules and regulations as well as limita- tions on total retired acreage. Section 1507, Pub. L. 91–524, title X, § 1007, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di- rected appointment of advisory boards to assist in de- velopment of programs under this chapter. Section 1508, Pub. L. 91–524, title X, § 1008, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed coordination with and utilization of Federal, State, and local services and facili

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1536 — Interagency cooperation

**(a) Federal agency actions and consultations** (1) The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter. All other Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered species and threatened species listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim). (2) Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an “agency action”) is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical, unless such agency has been granted an exemption for such action by the Committee pursuant to subsection (h) of this section. In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available. (3) Subject to such guidelines as the Secretary may establish, a Federal agency shall consult with the Secretary on any prospective agency action at the request of, and in cooperation with, the prospective permit or license applicant if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1536 — Interagency cooperation

Page 1922 TITLE 16—CONSERVATION § 1536 sion of this chapter; but such prohibition shall expire 90 days after the date of its im- position unless the Secretary further ex- tends such prohibition by publishing notice and a statement of justification of such ex- tension. (h) Regulations The Secretary is authorized to promulgate such regulations as may be appropriate to carry out the provisions of this section relating to fi- nancial assistance to States. (i) Appropriations (1) To carry out the provisions of this section for fiscal years after September 30, 1988, there shall be deposited into a special fund known as the cooperative endangered species conservation fund, to be administered by the Secretary, an amount equal to 5 percent of the combined amounts covered each fiscal year into the Fed- eral aid to wildlife restoration fund under sec- tion 669b of this title, and paid, transferred, or otherwise credited each fiscal year to the Sport Fishing Restoration Account established under 1016 of the Act of July 18, 1984. (2) Amounts deposited into the special fund are authorized to be appropriated annually and allocated in accordance with subsection (d) of this section. (Pub. L. 93–205, § 6, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95–212, Dec. 19, 1977, 91 Stat. 1493; Pub. L. 95–632, § 10, Nov. 10, 1978, 92 Stat. 3762; Pub. L. 96–246, May 23, 1980, 94 Stat. 348; Pub. L. 97–304, §§ 3, 8(b), Oct. 13, 1982, 96 Stat. 1416, 1426; Pub. L. 100–478, title I, § 1005, Oct. 7, 1988, 102 Stat. 2307.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’ or ‘‘This Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chap

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1604 — National Forest System land and resource management plans

**(a) Development, maintenance, and revision by Secretary as part of program; coordination** As a part of the Program provided for by [section 1602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1602&num=0&edition=prelim), the Secretary shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies. **(b) Criteria** In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences. **(c) Incorporation of standards and guidelines by Secretary; time of completion; progress reports; existing management plans** The Secretary shall begin to incorporate the standards and guidelines required by this section in plans for units of the National Forest System as soon as practicable after October 22, 1976, and shall attempt to complete such incorporation for all such units by no later than September 30, 1985. The Secretary shall report to the Congress on the progress of such incorporation in the annual report required by [section 1606(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1606/c&num=0&edition=prelim). Until such time as a unit of the National Forest System is managed under plans developed in accordance with this subchapter, the management of such unit may continue under existing land and resource management plans. **(d) Public participation and consultation** (1) **In general** — The Secretary shal

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 528 — Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose

It is the policy of the Congress that the national forests are established and shall be administered for outdoor recreation, range, timber, 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 national forests were established as set forth in [section 475 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section475&num=0&edition=prelim). Nothing herein shall be construed as affecting the jurisdiction or responsibilities 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 resources of national forest lands or to affect the use or administration of Federal lands not within national forests.

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Federal law — U.S. Code and appendices · legal_authorities

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 ‘‘

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

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