16 U.S.C. § 533 — Grant of easements for road rights-of-way;

Page 964 TITLE 16—CONSERVATION § 530 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 530. Cooperation for purposes of development and administration with State and local gov- ernmental agencies and others In the effectuation of sections 528 to 531 of this title the Secretary of Agriculture is authorized to cooperate with interested State and local governmental agencies and others in the devel- opment and management of the national forests. (Pub. L. 86–517, § 3, June 12, 1960, 74 Stat. 215.) Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart- ment, related to compliance with the provisions of sec- tions 528 to 531 of this title with respect to pre-con- struction, construction, and initial operation of trans- portation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transpor- tation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Govern- ment Organization and Employees. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. § 531. Definitions As used in sections 528 to 531 of this title the following terms shall have the following mean- ings: (a) ‘‘Multiple use’’ means: The management of all the various renewable surface resources of the national forests so that they are utilized in the combination that will best meet the needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjust- ments in use to conform to changing needs and conditions; that some land will be used for less than all of the resources; and harmonious and coordinated management of the various re- sources, each with the other, without impair- ment of the productivity of the land, with con- sideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output. (b) ‘‘Sustained yield of the several products and services’’ means the achievement and main- tenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the national forests without impair- ment of the productivity of the land. (Pub. L. 86–517, § 4, June 12, 1960, 74 Stat. 215.) § 532. Roads and trails system; Congressional findings and declaration of policy The Congress hereby finds and declares that the construction and maintenance of an ade- quate system of roads and trails within and near the national forests and other lands adminis- tered by the Forest Service is essential if in- creasing demands for timber, recreation, and other uses of such lands are to be met; that the existence of such a system would have the ef- fect, among other things, of increasing the value of timber and other resources tributary to such roads; and that such a system is essential to en- able the Secretary of Agriculture (hereinafter called the Secretary) to provide for intensive use, protection, development, and management of these lands under principles of multiple use and sustained yield of products and services. (Pub. L. 88–657, § 1, Oct. 13, 1964, 78 Stat. 1089.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 88–657, Oct. 13, 1964, 78 Stat. 1089, which en- acted sections 532 et seq. of this title, is popularly known as the ‘‘Forest Roads and Trails Act’’. § 533. Grant of easements for road rights-of-way; authority of Secretary of Agriculture; regula- tions The Secretary is authorized, under such regu- lations as he may prescribe, subject to the pro- visions of sections 532 to 538 of this title, to grant permanent or temporary easements for specified periods or otherwise for road rights-of- way (1) over national forest lands and other lands administered by the Forest Service, and (2) over any other related lands with respect to which the Department of Agriculture has rights under the terms of the grant to it. (Pub. L. 88–657, § 2, Oct. 13, 1964, 78 Stat. 1089.) Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart- ment, related to compliance with construction and uti- lization of national forest roads under sections 532 to 538 of this title with respect to pre-construction, con- struction, and initial operation of transportation sys- tem for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Nat- ural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- Page 965 TITLE 16—CONSERVATION § 535a tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 534. Termination and cancellation of ease- ments; notice; hearing An easement granted under sections 532 to 538 of this title may be terminated by consent of the owner of the easement, by condemnation, or after a five-year period of nonuse the Secretary may, if he finds the owner has abandoned the easement, make a determination to cancel it. Before the Secretary may cancel an easement for nonuse the owner of such easement must be notified of the determination to cancel and be given, upon his request made within sixty days after receipt of the notice, a hearing in accord- ance with such rules and regulations as may be issued by the Secretary. (Pub. L. 88–657, § 3, Oct. 13, 1964, 78 Stat. 1089.) Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of Agriculture under sections 532 to 538 of this title to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see Transfer of Functions note set out under section 533 of this title. § 535. Forest development roads; acquisition, con- struction, and maintenance; maximum econ- omy; methods of financing; cost arrange- ments for construction standards; transfer of unused effective purchaser credit for road construction The Secretary is authorized to provide for the acquisition, construction, and maintenance of forest development roads within and near the national forests and other lands administered by the Forest Service in locations and according to specifications which will permit maximum econ- omy in harvesting timber from such lands tribu- tary to such roads and at the same time meet the requirements for protection, development, and management thereof, and for utilization of the other resources thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers of national forest timber and other products, including provisions for amorti- zation of road costs in contracts, (3) by coopera- tive financing with other public agencies and with private agencies or persons, or (4) by a combination of these methods: Provided, That where roads of a higher standard than that need- ed in the harvesting and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of the national forest timber and other products shall not be required to bear that part of the costs necessary to meet such higher standard, and the Secretary is authorized to make such arrange- ments to this end as may be appropriate. The Secretary is authorized, under such rules and regulations as he shall prescribe, to permit the transfer of unused effective purchaser credit for road construction earned after December 16, 1975, from one timber sale to a purchaser to an- other timber sale to the same purchaser within the same National Forest. (Pub. L. 88–657, § 4, Oct. 13, 1964, 78 Stat. 1089; Pub. L. 94–154, Dec. 16, 1975, 89 Stat. 823.) Editorial Notes AMENDMENTS 1975—Pub. L. 94–154 authorized the Secretary to per- mit the transfer of unused effective purchaser credit for road construction earned after Dec. 16, 1975, from one timber sale to a purchaser to another timber sale to the same purchaser within the same National For- est. Statutory Notes and Related Subsidiaries FINANCING OF FOREST DEVELOPMENT ROADS Financing of forest development roads authorized by cl. (2) of this section deemed ‘‘budget authority’’ and ‘‘budget outlays’’ as defined in section 621(a) of Title 2, The Congress, and effective for purpose specified in sec- tion 651(a) of Title 2, see section 1608 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of Agriculture under sections 532 to 538 of this title to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see Transfer of Functions note set out under section 533 of this title. § 535a. Forest development roads: prohibition on credits; inclusion of construction costs in no- tice of sale; special election by small business concerns; construction standards; authoriza- tion of harvesting; treatment of road value (a) Prohibition on timber purchaser road credits In financing any forest development road pur- suant to section 535 of this title, the Secretary of Agriculture may not provide effective credit for road construction to any purchaser of na- tional forest timber or other forest products. (b) Construction of roads by timber purchasers (1) Whenever the Secretary of Agriculture makes a determination that a forest develop- ment road referred to in subsection (a) shall be constructed or paid for, in whole or in part, by a purchaser of national forest timber or other forest products, the Secretary shall include no- tice of the determination in the notice of sale of the timber or other forest products. The notice of sale shall contain, or announce the avail- ability of, sufficient information related to the road described in the notice to permit a prospec- tive bidder on the sale to calculate the likely cost that would be incurred by the bidder to con- struct or finance the construction of the road so that the bidder may reflect such cost in the bid. (2) If there is an increase or decrease in the cost of roads constructed by the timber pur- chaser, caused by variations in quantities, changes or modifications subsequent to the sale