16 U.S.C. § 1607 — National Forest System renewable re-

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 Page 1961 TITLE 16—CONSERVATION § 1608 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. § 1608. National Forest Transportation System (a) Congressional declaration of policy; time for development; method of financing; financing of forest development roads The Congress declares that the installation of a proper system of transportation to service the National Forest System, as is provided for in sections 532 to 538 of this title, shall be carried forward in time to meet anticipated needs on an economical and environmentally sound basis, and the method chosen for financing the con- struction and maintenance of the transportation system should be such as to enhance local, re- gional, and national benefits: Provided, That limitations on the level of obligations for con- struction of forest roads by timber purchasers shall be established in annual appropriation Acts. (b) Construction of temporary roadways in con- nection with timber contracts, and other per- mits or leases Unless the necessity for a permanent road is set forth in the forest development road system plan, any road constructed on land of the Na- tional Forest System in connection with a tim- ber contract or other permit or lease shall be de- signed with the goal of reestablishing vegetative cover on the roadway and areas where the vege- tative cover has been disturbed by the construc- tion of the road, within ten years after the ter- mination of the contract, permit, or lease either through artificial or natural means. Such action shall be taken unless it is later determined that the road is needed for use as a part of the Na- tional Forest Transportation System. (c) Standards of roadway construction Roads constructed on National Forest System lands shall be designed to standards appropriate for the intended uses, considering safety, cost of transportation, and impacts on land and re- sources. (Pub. L. 93–378, § 10, formerly § 9, Aug. 17, 1974, 88 Stat. 479, renumbered § 10 and amended Pub. L. 94–588, §§ 2, 8, Oct. 22, 1976, 90 Stat. 2949, 2956; Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1405.) Editorial Notes AMENDMENTS 1981—Subsec. (a). Pub. L. 97–100 substituted ‘‘Provided, That limitations on the level of obligations for con- struction of forest roads by timber purchasers shall be established in annual appropriation Acts’’ for ‘‘, except that the financing of forest development roads as au- thorized by clause (2) of section 535 of this title, shall be deemed ‘budget authority’ and ‘budget outlays’ as those terms are defined in section 1302(a) of title 31, and shall be effective for any fiscal year only in the manner required for new spending authority as specified by sec- tion 1351(a) of title 31’’. 1976—Pub. L. 94–588, § 8, designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries COUNTY PAYMENT MITIGATION; TRANSPORTATION SYSTEM MORATORIUM Pub. L. 105–174, title III, § 3006, May 1, 1998, 112 Stat. 85, provided that: ‘‘(a)(1) This section provides compensation for loss of revenues that would have been provided to counties if no road moratorium, as described in subsection (a)(2), were implemented or no substitute sales offered as de- scribed in subsection (b)(1). This section does not en- dorse or prohibit the road building moratorium nor does it affect the applicability of existing law to any moratorium. ‘‘(2) The Chief of the Forest Service, Department of Agriculture, in his sole discretion, may offer any tim- ber sales that were scheduled October 1, 1997, or there- after, to be offered in fiscal year 1998 or fiscal year 1999 even if such sales would have been delayed or halted as a result of any moratorium (resulting from the Federal Register proposal of January 28, 1998, pages 4351–4354) on construction of roads in roadless areas within the National Forest System adopted as policy or by regula- tion that would otherwise be applicable to such sales. ‘‘(3) Any sales offered pursuant to subsection (a)(2) shall— ‘‘(A) comply with all applicable laws and regula- tions and be consistent with applicable land and re- source management plans, except any regulations or plan amendments which establish or implement the moratorium referred to in subsection (a)(2); and ‘‘(B) be subject to administrative appeals pursuant to part 215 of title 36 of the Code of Federal Regula- tions and to judicial review. ‘‘(b)(1) For any previously scheduled sales that are not offered pursuant to subsection (a)(2), the Chief may, to the extent practicable, offer substitute sales within the same State in fiscal year 1998 or fiscal year 1999. Such substitute sales shall be subject to the re- quirements of subsection (a)(3). ‘‘(2)(A) The Chief shall pay as soon as practicable after fiscal year 1998 and fiscal year 1999 to any State in which sales previously scheduled to be offered that are referred to in, but not offered pursuant to, sub- section (a)(2) would have occurred, 25 percent of any an- ticipated receipts from such sales that— ‘‘(i) were scheduled from fiscal year 1998 or fiscal year 1999 sales in the absence of any moratorium re- ferred to in subsection (a)(2); and ‘‘(ii) are not offset by revenues received in such fis- cal years from substitute projects authorized pursu- ant to subsection (b)(1). ‘‘(B) After reporting the amount of funds required to make any payments required by subsection (b)(2)(A), and the source from which such funds are to be derived, to the Committees on Appropriations of the House of Representatives and the Senate, the Chief shall make any payments required by subsection (b)(2)(A) from any funds available to the Forest Service in fiscal year 1998 or fiscal year 1999, subject to approval of the Commit- tees on Appropriations of the House of Representatives and the Senate, that are not specifically earmarked for another purpose by the applicable appropriation Act or a committee or conference report thereon. ‘‘(C) Any State which receives payments required by subsection (b)(2)(A) shall expend such funds only in the manner, and for the purposes, prescribed in section 500 of title 16, United States Code. ‘‘(c)(1) During the term of the moratorium referred to in subsection (a)(2), the Chief shall prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on each of the following— ‘‘(A) a study of whether standards and guidelines in existing land and resource management plans compel or encourage entry into roadless areas within the Na- tional Forest System for the purpose of constructing roads or undertaking any other ground-disturbing ac- tivities; ‘‘(B) an inventory of all roads within the National Forest System and the uses which they serve, in a