16 U.S.C. § 1606 — Budget requests by President for Forest

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- Page 1957 TITLE 16—CONSERVATION § 1606 ment of Policy or any subsequent amendment or modification thereof approved by the Congress, unless, before the end of the first period of nine- ty calendar days of continuous session of Con- gress after the date on which the President of the Senate and the Speaker of the House are re- cipients of the transmission of such Assessment, Program, and Statement of Policy, either House adopts a resolution reported by the appropriate committee of jurisdiction disapproving the Statement of Policy. For the purpose of this subsection, the continuity of a session shall be deemed to be broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of the ninety-day period. Notwithstanding any other provision of this subchapter, Congress may revise or modify the Statement of Policy transmitted by the President, and the revised or modified State- ment of Policy shall be used in framing budget requests. (b) Contents of requests to show extent of com- pliance of projected programs and policies with policies approved by Congress; requests not conforming to approved policies; expend- iture of appropriations Commencing with the fiscal budget for the year ending September 30, 1977, requests pre- sented by the President to the Congress gov- erning Forest Service activities shall express in qualitative and quantitative terms the extent to which the programs and policies projected under the budget meet the policies approved by the Congress in accordance with subsection (a) of this section. In any case in which such budget so presented recommends a course which fails to meet the policies so established, the President shall specifically set forth the reason or reasons for requesting the Congress to approve the lesser programs or policies presented. Amounts appro- priated to carry out the policies approved in ac- cordance with subsection (a) of this section shall be expended in accordance with the Congres- sional Budget and Impoundment Control Act of 1974. (c) Annual evaluation report to Congress of Pro- gram components; time of submission; status of major research programs; application of findings; status, etc., of cooperative forestry assistance programs and activities For the purpose of providing information that will aid Congress in its oversight responsibilities and improve the accountability of agency ex- penditures and activities, the Secretary shall prepare an annual report which evaluates the component elements of the Program required to be prepared by section 1602 of this title which shall be furnished to the Congress at the time of submission of the annual fiscal budget com- mencing with the third fiscal year after August 17, 1974. With regard to the research component of the program, the report shall include, but not be limited to, a description of the status of major research programs, significant findings, and how these findings will be applied in Na- tional Forest System management and in coop- erative State and private Forest Service pro- grams. With regard to the cooperative forestry assistance part of the Program, the report shall include, but not be limited to, a description of the status, accomplishments, needs, and work backlogs for the programs and activities con- ducted under the Cooperative Forestry Assist- ance Act of 1978 [16 U.S.C. 2101 et seq.]. (d) Required contents of annual evaluation re- port These annual evaluation reports shall set forth progress in implementing the Program re- quired to be prepared by section 1602 of this title, together with accomplishments of the Pro- gram as they relate to the objectives of the As- sessment. Objectives should be set forth in qual- itative and quantitative terms and accomplish- ments should be reported accordingly. The re- port shall contain appropriate measurements of pertinent costs and benefits. The evaluation shall assess the balance between economic fac- tors and environmental quality factors. Pro- gram benefits shall include, but not be limited to, environmental quality factors such as es- thetics, public access, wildlife habitat, rec- reational and wilderness use, and economic fac- tors such as the excess of cost savings over the value of foregone benefits and the rate of return on renewable resources. (e) Additional required contents of annual eval- uation report The reports shall indicate plans for imple- menting corrective action and recommendations for new legislation where warranted. (f) Form of annual evaluation report The reports shall be structured for Congress in concise summary form with necessary detailed data in appendices. (Pub. L. 93–378, § 8, formerly § 7, Aug. 17, 1974, 88 Stat. 478, renumbered § 8 and amended Pub. L. 94–588, §§ 2, 7, 12(b), Oct. 22, 1976, 90 Stat. 2949, 2956, 2958; Pub. L. 95–313, § 15, formerly § 12, July 1, 1978, 92 Stat. 374, renumbered § 15, Pub. L. 101–624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525; amended Pub. L. 115–141, div. O, title II, § 208(b)(2), Mar. 23, 2018, 132 Stat. 1066.) Editorial Notes REFERENCES IN TEXT The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (b), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables. The Cooperative Forestry Assistance Act of 1978, re- ferred to in subsec. (c), is Pub. L. 95–313, July 1, 1978, 92 Stat. 365, which is classified principally to chapter 41 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–141 substituted ‘‘Sec- retary’’ for ‘‘Secretary of Agriculture’’. 1978—Subsec. (c). Pub. L. 95–313 inserted provisions relating to inclusion in report of findings involving co- operative State and private Forest Service programs, and provisions relating to scope of report descriptions involving programs and activities under the Coopera- tive Forestry Assistance Act of 1978. 1976—Subsec. (a). Pub. L. 94–588, §§ 7(a), 12(b)(1), made technical amendment to references in original act 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