16 U.S.C. § 1641 — Findings and purpose

Page 1964 TITLE 16—CONSERVATION § 1612 into the United States Treasury as miscellaneous re- ceipts, whenever the Secretary concerned makes a find- ing, published in the Federal Register, that sales suffi- cient to achieve the total allowable sales quantity of the National Forest System for the Forest Service or the allowable sales level for the Oregon and California grant lands for the Bureau of Land Management, re- spectively, have been prepared. ‘‘(e) Any timber sales prepared and recreation projects completed under this section shall comply with all applicable environmental and natural resource laws and regulations. ‘‘(f) The Secretary concerned shall report annually to the Committees on Appropriations of the United States Senate and the House of Representatives on expendi- tures made from the Fund for timber sales and recre- ation projects, revenues received into the Fund from timber sales, and timber sale preparation and recre- ation project work undertaken during the previous year and projected for the next year under the Fund. Such information shall be provided for each Forest Service region and Bureau of Land Management State office. ‘‘(g) The authority of this section shall terminate upon the termination of both Funds in accordance with the provisions of subsection (d).’’ EMERGENCY SALVAGE TIMBER SALE PROGRAM Pub. L. 104–19, title II, § 2001, July 27, 1995, 109 Stat. 240, as amended by Pub. L. 104–134, title I, § 101(c) [title III, § 316], Apr. 26, 1996, 110 Stat. 1321–156, 1321–202; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided for salvage timber sales from cer- tain Federal lands by the Secretary of Agriculture and the Secretary of the Interior from July 27, 1995 to Dec. 31, 1996. 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. § 1612. Public participation (a) Adequate notice and opportunity to comment In exercising his authorities under this sub- chapter and other laws applicable to the Forest Service, the Secretary, by regulation, shall es- tablish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards, criteria, and guide- lines applicable to Forest Service programs. (b) Advisory boards In providing for public participation in the planning for and management of the National Forest System, the Secretary, pursuant to chap- ter 10 of title 5 and other applicable law, shall establish and consult such advisory boards as he deems necessary to secure full information and advice on the execution of his responsibilities. The membership of such boards shall be rep- resentative of a cross section of groups inter- ested in the planning for and management of the National Forest System and the various types of use and enjoyment of the lands thereof. (Pub. L. 93–378, § 14, as added Pub. L. 94–588, § 11, Oct. 22, 1976, 90 Stat. 2958; amended Pub. L. 117–286, § 4(a)(114), Dec. 27, 2022, 136 Stat. 4318.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advisory Committee Act (86 Stat. 770)’’. Statutory Notes and Related Subsidiaries FOREST SERVICE DECISIONMAKING AND APPEALS REFORM Pub. L. 102–381, title III, § 322, Oct. 5, 1992, 106 Stat. 1419, which provided for the establishment of a notice and comment process for proposed actions of the Forest Service relating to certain land and resource manage- ment projects and required modification of the proce- dure for appeals of decisions concerning such projects, was repealed by Pub. L. 113–79, title VIII, § 8006(a), Feb. 7, 2014, 128 Stat. 913. 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. § 1613. Promulgation of regulations The Secretary shall prescribe such regulations as he determines necessary and desirable to carry out the provisions of this subchapter. (Pub. L. 93–378, § 15, as added Pub. L. 94–588, § 11, Oct. 22, 1976, 90 Stat. 2958; 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’’. 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. § 1614. Severability If any provision of this subchapter or the ap- plication thereof to any person or circumstances is held invalid, the validity of the remainder of this subchapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (Pub. L. 93–378, § 16, as added Pub. L. 94–588, § 11, Oct. 22, 1976, 90 Stat. 2958.) SUBCHAPTER II—RESEARCH § 1641. Findings and purpose (a) Findings Congress finds the following: Page 1965 TITLE 16—CONSERVATION § 1641 (1) Forests and rangeland, and the resources of forests and rangeland, are of strategic eco- nomic and ecological importance to the United States, and the Federal Government has an important and substantial role in en- suring the continued health, productivity, and sustainability of the forests and rangeland of the United States. (2) Over 75 percent of the productive com- mercial forest land in the United States is pri- vately owned, with some 60 percent owned by small nonindustrial private owners. These 10,000,000 nonindustrial private owners are critical to providing both commodity and non- commodity values to the citizens of the United States. (3) The National Forest System manages only 17 percent of the commercial timberland of the United States, with over half of the standing softwoods inventory located on that land. Dramatic changes in Federal agency pol- icy during the early 1990’s have significantly curtailed the management of this vast timber resource, causing abrupt shifts in the supply of timber from public to private ownership. As a result of these shifts in supply, some 60 per- cent of total wood production in the United States is now coming from private forest land in the southern United States. (4) At the same time that pressures are building for the removal of even more land from commercial production, the Federal Gov- ernment is significantly reducing its commit- ment to productivity-related research regard- ing forests and rangeland, which is critically needed by the private sector for the sustained management of remaining available timber and forage resources for the benefit of all spe- cies. (5) Uncertainty over the availability of the United States timber supply, increasing regu- latory burdens, and the lack of Federal Gov- ernment support for research is causing do- mestic wood and paper producers to move out- side the United States to find reliable sources of wood supplies, which in turn results in a worsening of the United States trade balance, the loss of employment and infrastructure in- vestments, and an increased risk of infesta- tions of exotic pests and diseases from im- ported wood products. (6) Wood and paper producers in the United States are being challenged not only by shifts in Federal Government policy, but also by international competition from tropical coun- tries where growth rates of trees far exceed those in the United States. Wood production per acre will need to quadruple from 1996 lev- els for the United States forestry sector to re- main internationally competitive on an ever decreasing forest land base. (7) Better and more frequent forest inventorying and analysis is necessary to identify productivity-related forestry research needs and to provide forest managers with the current data necessary to make timely and ef- fective management decisions. (b) Relationship to other law This subchapter shall be deemed to com- plement the policies and direction set forth in the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1600 et seq.]. (c) Purpose It is the purpose of this subchapter to author- ize the Secretary to expand research activities to encompass international forestry and natural resource issues on a global scale. (Pub. L. 95–307, § 2, June 30, 1978, 92 Stat. 353; Pub. L. 101–513, title VI, § 611(a)(1), formerly § 607(a)(1), Nov. 5, 1990, 104 Stat. 2072, renumbered § 611(a)(1), Pub. L. 102–574, § 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; Pub. L. 105–185, title II, § 253(a), June 23, 1998, 112 Stat. 558.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’, meaning Pub. L. 95–307, June 2, 1978, 92 Stat. 353, known as the Forest and Rangeland Renew- able Resources Research Act of 1978, which enacted this subchapter, repealed sections 581 to 581i of this title, and enacted provisions set out as a note under section 1641 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables. The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (b), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables. AMENDMENTS 1998—Pub. L. 105–185 inserted section catchline, added subsec. (a), and struck out former subsec. (a) which read as follows: ‘‘(1) Congress finds that scientific discoveries and technological advances must be made and applied to support the protection, management, and utilization of the Nation’s renewable resources. It is the purpose of this subchapter to authorize the Secretary of Agri- culture (hereinafter in this subchapter referred to as the ‘Secretary’) to implement a comprehensive pro- gram of forest and rangeland renewable resources re- search and dissemination of the findings of such re- search. ‘‘(2) Congress further finds that the forest and range- land renewable resources of the world are threatened by deforestation due to conversion to agriculture of lands better suited to other uses, over-grazing, over- harvesting, and other causes that pose a direct adverse threat to people, the global environment, and the world economy.’’ 1990—Subsecs. (a), (c). Pub. L. 101–513 designated ex- isting provisions of subsec. (a) as par. (1), added par. (2), and added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–307, § 9, June 30, 1978, 92 Stat. 357, which provided that Pub. L. 95–307 (enacting this subchapter, repealing sections 581 to 581i of this title, and enacting provisions set out as a note under section 1600 of this title) is effective Oct. 1, 1978, was amended generally by Pub. L. 101–624 and was classified to section 1648 of this title. SHORT TITLE For short title of Pub. L. 95–307, June 30, 1978, 92 Stat. 353, as the Forest and Rangeland Renewable Resources Research Act of 1978, see Short Title of 1978 Amend- ment note set out under section 1600 of this title. Page 1966 TITLE 16—CONSERVATION § 1642 § 1642. Investigations, experiments, tests, and other activities (a) Authorization; scope and purposes of activi- ties The Secretary is authorized to conduct, sup- port, and cooperate in investigations, experi- ments, tests, and other activities the Secretary deems necessary to obtain, analyze, develop, demonstrate, and disseminate scientific infor- mation about protecting, managing, and uti- lizing forest and rangeland renewable resources in rural, suburban, and urban areas. The activi- ties conducted, supported, or cooperated in by the Secretary under this subchapter shall in- clude, but not be limited to, the five major areas of renewable resource research identified in paragraphs (1) through (5) of this subsection. (1) Renewable resource management re- search shall include, as appropriate, research activities related to managing, reproducing, planting, and growing vegetation on forests and rangelands for timber, forage, water, fish and wildlife, esthetics, recreation, wilderness, energy production, activities related to energy conservation, and other purposes, including activities for encouraging improved reforest- ation of forest lands from which timber has been harvested; determining the role of forest and rangeland management in the productive use of forests and rangelands, in diversified ag- riculture, and in mining, transportation, and other industries; and developing alternatives for the management of forests and rangelands that will make possible the most effective use of their multiple products and services. (2) Renewable resource environmental re- search shall include, as appropriate, research activities related to understanding and man- aging surface and subsurface water flow, pre- venting and controlling erosion, and restoring damaged or disturbed soils on forest and rangeland watersheds; maintaining and im- proving wildlife and fish habitats; managing vegetation to reduce air and water pollution, provide amenities, and for other purposes; and understanding, predicting, and modifying weather, climatic, and other environmental conditions that affect the protection and man- agement of forests and rangelands. (3) Renewable resource protection research shall include, as appropriate, research activi- ties related to protecting vegetation and other forest and rangeland resources, including threatened and endangered flora and fauna, as well as wood and wood products in storage or use, from fires, insects, diseases, noxious plants, animals, air pollutants, and other agents through biological, chemical, and me- chanical control methods and systems; and protecting people, natural resources, and prop- erty from fires in rural areas. (4) Renewable resource utilization research shall include, as appropriate, research activi- ties related to harvesting, transporting, proc- essing, marketing, distributing, and utilizing wood and other materials derived from forest and rangeland renewable resources; recycling and fully utilizing wood fiber; producing and conserving energy; and testing forest products, including necessary fieldwork associated therewith. (5) Renewable resource assessment research shall include, as appropriate, research activi- ties related to developing and applying sci- entific knowledge and technology in support of the survey and analysis of forest and range- land renewable resources described in sub- section (b) of this section. (b) Development of periodic Renewable Resource Assessment through survey and analysis of conditions; implementation; authorization of appropriations (1) To ensure the availability of adequate data and scientific information for development of the periodic Renewable Resource Assessment provided for in section 1601 of this title, the Sec- retary of Agriculture shall make and keep cur- rent a comprehensive survey and analysis of the present and prospective conditions of and re- quirements for renewable resources of the for- ests and rangelands of the United States and of the supplies of such renewable resources, includ- ing a determination of the present and potential productivity of the land, and of such other facts as may be necessary and useful in the deter- mination of ways and means needed to balance the demand for and supply of these renewable resources, benefits, and uses in meeting the needs of the people of the United States. The Secretary shall conduct the survey and analysis under such plans as the Secretary may deter- mine to be fair and equitable, and cooperate with appropriate officials of each State and, ei- ther through them or directly, with private or other entities. (2) In implementing this subsection, the Sec- retary is authorized to develop and implement improved methods of survey and analysis of for- est inventory information, for which purposes there are hereby authorized to be appropriated annually $10,000,000. (c) Program of research and study relative to health and productivity of domestic forest ecosystems; advisory committee; reports (1) The Secretary, acting through the United States Forest Service, shall establish not later than 180 days after October 24, 1988, a 10-year program (hereinafter in this subsection referred to as the ‘‘Program’’) to— (A) increase the frequency of forest inven- tories in matters that relate to atmospheric pollution and conduct such surveys as are nec- essary to monitor long-term trends in the health and productivity of domestic forest ecosystems; (B) determine the scope of the decline in the health and productivity of domestic forest ecosystems; (C) accelerate and expand existing research efforts (including basic forest ecosystem re- search) to evaluate the effects of atmospheric pollutants on forest ecosystems and their role in the decline in domestic forest health and productivity; (D) study the relationship between atmos- pheric pollution and other climatological, chemical, physical, and biological factors that may affect the health and productivity of do- mestic forest ecosystems; (E) develop recommendations for solving or mitigating problems related to the effects of