16 U.S.C. § 539 — Additions to existing national forests; ad-

Page 968 TITLE 16—CONSERVATION § 539 (I) to close the road or trail to access; and (II) to minimize impacts to natural re- sources; and (ii) has closed the road or trail to access as described in clause (i)(I). (B) Requirement Each project carried out under the Pro- gram shall be on a National Forest System road or trail, except with respect to— (i) a project described in subsection (b)(2); or (ii) a project carried out on a watershed for which the Secretary has entered into a cooperative agreement under section 1011a of this title. (2) Annual selection of projects for funding The Secretary shall— (A) establish a process for annually select- ing projects for funding under the Program, consistent with the requirements of this sec- tion; (B) solicit and consider public input re- gionally in the ranking of projects for fund- ing under the Program; (C) give priority for funding under the Pro- gram to projects that would— (i) protect or improve water quality in public drinking water source areas; (ii) restore the habitat of a threatened, endangered, or sensitive fish or wildlife species; or (iii) maintain future access to the adja- cent area for the public, contractors, per- mittees, or firefighters; and (D) publish on the website of the Forest Service— (i) the selection process established under subparagraph (A); and (ii) a list that includes a description and the proposed outcome of each project fund- ed under the Program in each fiscal year. (d) Implementation In implementing the Program, the Secretary shall ensure that— (1) the system of roads and trails on the ap- plicable unit of the National Forest System— (A) is adequate to meet any increasing de- mands for timber, recreation, and other uses; (B) provides for intensive use, protection, development, and management of the land under principles of multiple use and sus- tained yield of products and services; (C) does not damage, degrade, or impair adjacent resources, including aquatic and wildlife resources, to the extent practicable; (D) reflects long-term funding expecta- tions; and (E) is adequate for supporting emergency operations, such as evacuation routes during wildfires, floods, and other natural disasters; and (2) all projects funded under the Program are consistent with any applicable forest plan or travel management plan. (e) Savings clause A decision to fund a project under the Pro- gram shall not affect any determination made previously or to be made in the future by the Secretary with regard to road or trail closures. (Pub. L. 88–657, § 8, as added Pub. L. 117–58, div. D, title VIII, § 40801(a), Nov. 15, 2021, 135 Stat. 1094.) Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 539. Additions to existing national forests; ad- ministration (a) The following units of the National Forest System are hereby expanded: (1) Chugach National Forest by the addition of four areas, Nellie Juan, College Fjord, Cop- per/Rude River, and Controller Bay, con- taining approximately one million nine hun- dred thousand acres of public land, as gen- erally depicted on the map entitled ‘‘Chugach National Forest additions—proposed’’, and dated October 1978; and (2) Tongass National Forest by the addition of three areas, Kates Needle, Juneau Icefield, and Brabazon Range, containing approxi- mately one million four hundred and fifty thousand acres of public lands, as generally depicted on the map entitled ‘‘Tongass Na- tional Forest additions—proposed’’, and dated October 1978. (b) Subject to valid existing rights, lands added to the Tongass and Chugach National For- ests by this section shall be administered by the Secretary in accordance with the applicable pro- visions of this Act and the laws, rules, and regu- lations applicable to the national forest system: Provided, That the conservation of fish and wild- life and their habitat shall be the primary pur- pose for the management of the Copper/Rude River addition and the Copper River-Bering River portion of the existing Chugach National Forest, as generally depicted on the map appro- priately referenced and dated October 1978: Pro- vided, That the taking of fish and wildlife shall be permitted within zones established by this subsection pursuant to the provisions of this Act and other applicable State and Federal law. Multiple use activities shall be permitted in a manner consistent with the conservation of fish and wildlife and their habitat as set forth in spe- cial regulations which shall be promulgated by the Secretary. (Pub. L. 96–487, title V, § 501, Dec. 2, 1980, 94 Stat. 2398.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Page 969 TITLE 16—CONSERVATION § 539b Statutory Notes and Related Subsidiaries CHUGACH NATIONAL FOREST BOUNDARY CHANGE Pub. L. 102–415, § 6, Oct. 14, 1992, 106 Stat. 2113, as amended by Pub. L. 113–287, § 5(d)(12), Dec. 19, 2014, 128 Stat. 3265, provided that: ‘‘(a) BOUNDARY ADJUSTMENT.—The boundary of the Chugach National Forest, Alaska, is modified to in- clude the approximately 9,300 acres as generally de- picted on the map entitled ‘Official Map, Boundary Modification, Chugach National Forest’ and dated Sep- tember 1988. The map shall be on file and available for public inspection in the Office of the Chief of the For- est Service, Department of Agriculture. ‘‘(b) ADMINISTRATION.—Subject to valid existing rights, all Federal lands brought within the boundary of the Chugach National Forest by subsection (a) are added to and shall be administered as part of the Chugach National Forest. ‘‘(c) TERMS AND CONDITIONS.—(1) Nothing in this Act [see Short Title of 1992 Amendment note set out under section 1601 of Title 43, Public Lands] shall be con- strued to affect the validity of, or the terms and condi- tions of, any right-of-way, easement, lease, license, or permit on lands transferred by this section that is in existence on the date of enactment of this Act [Oct. 14, 1992]. ‘‘(2) Notwithstanding any other provision of law, the Secretary of the Interior shall delegate, as necessary, to the Secretary of Agriculture the authority to renew or reissue the authorizations described in paragraph (1). The change of administrative jurisdiction over these lands resulting from subsection (a) shall not constitute a ground for the denial of renewal or reissuance of the authorizations described in paragraph (1). ‘‘(d) LAND AND WATER CONSERVATION FUND ACT.—For purposes of section 100506 of title 54, United States Code, the boundary of the Chugach National Forest, as modified by this section, shall be treated as if it were the boundary of the Chugach National Forest as of Jan- uary 1, 1965.’’ § 539a. Mining and mineral leasing on certain na- tional forest lands Subject to valid existing rights, the minerals in public lands within the Copper River addition to the Chugach National Forest, are hereby withdrawn from location, entry, and patent under the United States mining laws. With re- spect to such areas, the Secretary, under such reasonable regulations as he deems appropriate, may permit the removal of nonleasable minerals from the lands in the manner prescribed by Re- organization Plan Numbered 3 of 1946 and sec- tion 520 of this title, and the removal of leasable minerals from such lands in accordance with the mineral leasing laws, if the Secretary finds that such disposition would not have significant ad- verse effects on the administration of the area. All receipts derived from disposal of nonleasable minerals under this section shall be paid into the same funds or accounts in the Treasury of the United States and shall be distributed in the same manner as provided for receipts from na- tional forests. (Pub. L. 96–487, title V, § 502, Dec. 2, 1980, 94 Stat. 2399.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 3 of 1946, referred to in text, is Reorg. Plan No. 3 of 1946, July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, which is set out in the Appendix to Title 5, Government Organization and Employees. § 539b. Fisheries on national forest lands in Alas- ka (a) Regulations for protection and maintenance of habitats The Secretary of Agriculture shall, in con- sultation with the Secretaries of Commerce and the Interior, and with the State of Alaska, pur- suant to his existing authority to manage sur- face resources, promulgate such reasonable reg- ulations as he determines necessary after con- sideration of existing laws and regulations to maintain the habitats, to the maximum extent feasible, of anadromous fish and other foodfish, and to maintain the present and continued pro- ductivity of such habitat when such habitats are affected by mining activities on national forest lands in Alaska. The Secretary of Agriculture, in consultation with the State, shall assess the effects on the populations of such fish in deter- minations made pursuant to this subsection. (b) Approved plan for mining operations; re- quirements; review; modification; suspension of activities Because of the large scale of contemplated mining operations and the proximity of such op- erations to important fishery resources, with re- spect to mining operations in the Quartz Hill area of the Tongass National Forest, the regula- tions of the Secretary shall, pursuant to this subsection, include a requirement that all min- ing operations involving significant surface dis- turbance shall be in accordance with an ap- proved plan of operations. Before approving any proposed plan or distinct stages of such plan of operations for any such claims when any fishery habitat or fishery value may be affected, the Secretary shall, in consultation with the Secre- taries of Commerce and the Interior and the State of Alaska, determine— (1) that such plan or stages of such plan are based upon and shall include studies or infor- mation which he determines are adequate for— (A) evaluating the water quality and water quantity, fishery habitat, and other fishery values of the affected area; and (B) evaluating to the maximum extent fea- sible and relevant, the sensitivity to envi- ronmental degradation from activities car- ried out under such plan of the fishery habi- tat as it affects the various life stages of anadromous fish and other foodfish and their major food chain components; (2) that such plan adequately identifies the risks the operations under such plan or such stages might pose to and the benefits the oper- ations under such plan might provide to— (A) the natural stability and the present and continued productivity of anadromous fish and other foodfish; (B) fishery habitat, including but not lim- ited to water quality and water quantity; and (C) other fishery values; (3) that such plan includes provisions which he determines are adequate for the purposes of— (A) preventing significant adverse environ- mental impacts to the fishery habitat (in-