16 U.S.C. § 538a — Forest Service Legacy Road and Trail Re-

Page 967 TITLE 16—CONSERVATION § 538a tionate to total use. The Secretary may also re- quire the user or users of such a road to recon- struct the same when such reconstruction is de- termined to be necessary to accommodate such use. If such maintenance or reconstruction can- not be so provided or if the Secretary deter- mines that maintenance or reconstruction by a user would not be practical, then the Secretary may require that sufficient funds be deposited by the user to provide his portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are hereby made available until expended to cover the cost to the United States of accom- plishing the purpose for which deposited: Pro- vided, That deposits received for work on adja- cent and overlapping areas may be combined when it is the most practicable and efficient manner of performing the work, and cost thereof may be determined by estimates: And provided further, That unexpended balances upon accom- plishment of the purpose for which deposited shall be transferred to miscellaneous receipts or refunded. (Pub. L. 88–657, § 6, Oct. 13, 1964, 78 Stat. 1090.) 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. § 538. User fees fund for delayed payments to grantors Whenever the agreement under which the United States has obtained for the use of, or in connection with, the national forests and other lands administered by the Forest Service a right-of-way or easement for a road or an exist- ing road or the right to use an existing road pro- vides for delayed payments to the Government’s grantor, any fees or other collections received by the Secretary for the use of the road may be placed in a fund to be available for making pay- ments to the grantor. (Pub. L. 88–657, § 7, Oct. 13, 1964, 78 Stat. 1090.) § 538a. Forest Service Legacy Road and Trail Re- mediation Program (a) Establishment The Secretary shall establish the Forest Serv- ice Legacy Road and Trail Remediation Pro- gram (referred to in this section as the ‘‘Pro- gram’’). (b) Activities In carrying out the Program, the Secretary shall, taking into account foreseeable changes in weather and hydrology— (1) restore passages for fish and other aquat- ic species by— (A) improving, repairing, or replacing cul- verts and other infrastructure; and (B) removing barriers, as the Secretary de- termines appropriate, from the passages; (2) decommission unauthorized user-created roads and trails that are not a National Forest System road or a National Forest System trail, if the applicable unit of the National Forest System has published— (A) a Motor Vehicle Use Map and the road is not identified as a National Forest Sys- tem road on that Motor Vehicle Use Map; or (B) a map depicting the authorized trails in the applicable unit of the National Forest System and the trail is not identified as a National Forest System trail on that map; (3) prepare previously closed National Forest System roads for long-term storage, in accord- ance with subsections (c)(1) and (d), in a man- ner that— (A) prevents motor vehicle use, as appro- priate to conform to route designations; (B) prevents the roads from damaging ad- jacent resources, including aquatic and wild- life resources; (C) reduces or eliminates the need for road maintenance; and (D) preserves the roads for future use; (4) decommission previously closed National Forest System roads and trails in accordance with subsections (c)(1) and (d); (5) relocate National Forest System roads and trails— (A) to increase resilience to extreme weather events, flooding, and other natural disasters; and (B) to respond to changing resource condi- tions and public input; (6) convert National Forest System roads to National Forest System trails, while allowing for continued use for motorized and non- motorized recreation, to the extent the use is compatible with the management status of the road or trail; (7) decommission temporary roads— (A) that were constructed before November 15, 2021— (i) for emergency operations; or (ii) to facilitate a resource extraction project; (B) that were designated as a temporary road by the Secretary; and (C)(i) in violation of section 1608(b) of this title, on which vegetation cover has not been reestablished; or (ii) that have not been fully decommis- sioned; and (8) carry out projects on National Forest System roads, trails, and bridges to improve resilience to extreme weather events, flooding, or other natural disasters. (c) Project selection (1) Project eligibility (A) In general The Secretary may only fund under the Program a project described in paragraph (3) or (4) of subsection (b) if the Secretary pre- viously and separately— (i) solicited public comment for changing the management status of the applicable National Forest System road or trail— 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.