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34 Forest Service Management Planning

Forest and Renewable Planning Act of 1974

October 22, 1976 (Pub. L. 93-378, 88 Stat. 476; 16 U.S.C. 1600 note, 1600 to 1614)

Sec. 1 That this Act may be cited as the the Multiple-Use Sustained-Yield Act of ‘Forest and Rangeland Renewable 1960 (74 Stat. 215; 16 U.S.C. 528-531), Resources Planning Act of 1974. and public participation in the develop- ment of the program; Congressional findings (4) the new knowledge derived from Sec. 2 The Congress finds that - coordinated public and private research (1) the management of the Nation’s programs will promote a sound technical renewable resources is highly complex and ecological base for effective and the uses, demand for, and supply of management, use, and protection of the the various resources are subject to Nation’s renewable resources; change over time; (5) inasmuch as the majority of the (2) the public interest is served by the Nation’s forests and rangeland is under Forest Service, Department of Agricul- private, State, and local governmental ture, in cooperation with other agencies, management and the Nation’s major assessing the Nation’s renewable capacity to produce goods and services resources, and developing and preparing is based on these nonfederally managed a national renewable program, renewable resources, the Federal which is periodically reviewed and Government should be a catalyst to updated; encourage and assist these owners in the efficient long-term use and improve- (3) to serve the national interest, the ment of these and their renewable program must be resources consistent with the principles based on a comprehensive assessment of sustained yield and multiple use; of present and anticipated uses, demand for, and supply of renewable resources (6) the Forest Service, by virtue of its from the Nation’s public and private statutory authority for management of forests and , through analysis the National Forest System, research of environmental and economic impacts, and cooperative programs, and its role coordination of multiple use and sus- as an agency in the Department of tained yield opportunities as provided in Agriculture, has both a responsibility and an opportunity to be a leader in Forest Service Planning 35

assuring that the Nation maintains a (1) an analysis of present and antici- conservation posture pated uses, demand for, and supply of that will meet the requirements of our the renewable resources, with consider- people in perpetuity; and ation of the international resource situation, and an emphasis of pertinent (7) recycled timber product materials supply and demand and price relation- are as much a part of our renewable ship trends; forest resources as are the from which they originally came, and in order (2) an inventory, based on information to extend our timber and timber fiber developed by the Forest Service and resources and reduce pressures for other Federal agencies, of present and timber production from Federal lands, potential renewable resources, and an the Forest Service should expand its evaluation of opportunities for improving research in the use of recycled and their yield of tangible and intangible waste timber product materials, develop goods and services, together with techniques for the substitution of these estimates of investment costs and direct secondary materials for primary materi- and indirect returns to the Federal als, and promote and encourage the use Government; of recycled timber product materials. (3) a description of Forest Service (16 U.S.C. 1600) programs and responsibilities in re- Renewable Resource Assessment search, cooperative programs and management of the National Forest Sec. 3 (a) Preparation by Secretary of System, their interrelationships, and the Agriculture; time of preparation, updating relationship of these programs and and contents responsibilities to public and private In recognition of the vital importance of activities; America’s renewable resources of the (4) a discussion of important policy forest, range, and other associated lands considerations, laws, regulations, and to the Nation’s social and economic well- other factors expected to influence and being, and of the necessity for a long term affect significantly the use, ownership, perspective in planning and undertaking and management of forest, range, and related national renewable resource other associated lands; and 1 programs administered by the Forest (5) an analysis of the potential effects Service, the Secretary of Agriculture shall of global change on the condi- prepare a Renewable Resource Assess- tion of renewable resources on the ment (hereinafter called the “Assess- forests and rangelands of the United ment”). The Assessment shall be pre- States; and pared not later than December 31, 1975, and shall be updated during 1979 and (6) an analysis of the rural and urban each tenth year thereafter, and shall opportunities to mitigate the include but not be limited to - buildup of atmospheric 36 Forest Service Land Management Planning

and reduce the risk of global climate technologies for improving fiber change, 2 utilization. (b) Omitted (d) 3 Public involvement; consultation with governmental departments and agencies (c) Contents of Assessments In developing the reports required under The Secretary shall report in the 1979 and subsection (c) of this section, the Secre- subsequent Assessments on: tary shall provide opportunity for public (1) the additional fiber potential in the involvement and shall consult with other National Forest System including, but interested governmental departments and not restricted to, forest mortality, agencies. growth, salvage potential, potential (d) Congressional policy of multiple use increased forest products sales, eco- sustained yield management; examination nomic constraints, alternate markets, and certification of lands; estimate of contract considerations, and other appropriations necessary for multiple use considerations; and other treatment; budget requirements; (2) the potential for increased utilization authorization of appropriations of forest and wood product wastes in (1) It is the policy of the Congress that the National Forest System and on other all forested lands in the National Forest lands, and of urban wood wastes and System shall be maintained in appropri- wood product recycling, including ate with species of trees, recommendations to the Congress for degree of stocking, rate of growth, and actions which would lead to increased conditions of stand designed to secure utilization of material now being wasted the maximum benefits of multiple use both in the forests and in manufactured sustained yield management in accor- products; and dance with land management plans. (3) the milling and other wood fiber Accordingly, the Secretary is directed to product fabrication facilities and their identify and report to the Congress location in the , noting the annually at the time of submission of the public and private forested areas that President’s budget together with the supply such facilities, assessing the annual report provided for under section degree of utilization into product form of 1606(c) of this title, beginning with harvested trees by such facilities, and submission of the President’s budget for setting forth the technology appropriate fiscal year 1978, the amount and to facilities to improve utilization either location by forests and States and by individually or in aggregate the units of productivity class, where practicable, of harvested trees and to reduce wasted all lands in the National Forest System wood fibers. The Secretary shall set where objectives of land management forth a program to encourage the plans indicate the need to reforest areas adoption by these facilities of these that have been cut-over or otherwise Forest Service Land Management Planning 37

denuded or deforested, and all lands beginning of the fiscal year. The with stands of trees that are not grow- Secretary’s estimate of sums necessary, ing at their best potential rate of growth. in addition to the sums available under All national forest lands treated from other authorities, for accomplishment of year to year shall be examined after the the reforestation and other treatment of first and third growing and National Forest System lands under this certified by the Secretary in the report section shall be provided annually for provided for under this subsection as to inclusion in the President’s budget and stocking rate, growth rate in relation to shall also be transmitted to the Speaker potential and other pertinent measures. of the House and the President of the Any lands not certified as satisfactory Senate together with the annual report shall be returned to the backlog and provided for under section 1606(c) of scheduled for prompt treatment. The this title at the time of submission of the level and types of treatment shall be President’s budget to the Congress those which secure the most effective beginning with the budget for fiscal year mix of multiple use benefits. 1978. The sums estimated as necessary for reforestation and other treatment (2) Notwithstanding the provisions of shall include moneys needed to secure section 1607 of this title, the Secretary , grow seedlings, prepare sites, shall annually for eight years following trees, thin, remove deleterious October 22, 1976, transmit to the growth and underbrush, build fence to Congress in the manner provided in this exclude livestock and adverse subsection an estimate of the sums from regeneration areas and otherwise necessary to be appropriated, in addition establish and improve growing forests to to the funds available from other secure planned production of trees and sources, to replant and otherwise treat other multiple use values. an acreage equal to the acreage to be cut over that year, plus a sufficient (3) Effective for the fiscal year begin- portion of the backlog of lands found to ning October 1, 1977, and each fiscal be in need of treatment to eliminate the year thereafter, there is hereby autho- backlog within the eight-year period. rized to be appropriated for the purpose After such eight-year period, the of reforesting and treating lands in the Secretary shall transmit annually to the National Forest System $200,000,000 Congress an estimate of the sums annually to meet requirements of this necessary to replant and otherwise treat subsection (d). All sums appropriated all lands being cut over and maintain for the purposes of this subsection shall planned timber production on all other be available until expended. forested lands in the National Forest (e) Report on herbicides and pesticides System so as to prevent the develop- ment of a backlog of needed work The Secretary shall submit an annual larger than the needed work at the report to the Congress on the amounts, 38 Forest Service Land Management Planning

types, and uses of herbicides and pesti- Service programs; and for research. The cides used in the National Forest System, Program shall be developed in accor- including the beneficial or adverse effects dance with principles set forth in the of such uses. (16 U.S.C. 1601) Multiple-Use Sustained-Yield Act of June 12, 1960 (74 Stat. 215; 16 U.S.C. 528- 1 So in original. The word “and” probably 531), and the National Environmental should not appear. Policy Act of 1969 (83 Stat. 852) (42 2 So in original. The comma probably U.S.C. 4321 et seq.). The Program shall should be a period. be prepared not later than December 31, 3 So in original. Two subsecs. (d) have 1975, to cover the four-year period been enacted. beginning October 1, 1976, and at least each of the four fiscal decades next Renewable Resource Program; following such period, and shall be preparation by Secretary of updated no later than during the first half Agriculture and transmittal to of the fiscal year ending September 30, President; purpose and development 1980, and the first half of each fifth fiscal of program; time of preparation, year thereafter to cover at least each of updating and contents the four fiscal decades beginning next after such updating. The Program shall Sec. 4 In order to provide for periodic include, but not be limited to - review of programs for management and administration of the National Forest (1) an inventory of specific needs and System, for research, for cooperative opportunities for both public and private State and Service pro- program investments. The inventory grams, and for conduct of other Forest shall differentiate between activities Service activities in relation to the findings which are of a capital nature and those of the Assessment, the Secretary of which are of an operational nature; Agriculture, utilizing information available (2) specific identification of Program to the Forest Service and other agencies outputs, results anticipated, and benefits within the Department of Agriculture, associated with investments in such a including data prepared pursuant to manner that the anticipated costs can be section 1010a of title 7, shall prepare and directly compared with the total related transmit to the President a recommended benefits and direct and indirect returns Renewable Resource Program (hereinaf- to the Federal Government; ter called the “Program”). The Program (3) a discussion of priorities for accom- transmitted to the President may include plishment of inventoried Program alternatives, and shall provide in appropri- opportunities, with specified costs, ate detail for protection, management, and outputs, results, and benefits; development of the National Forest System, including forest development (4) a detailed study of personnel re- roads and trails; for cooperative Forest quirements as needed to implement and Forest Service Land Management Planning 39

monitor existing and ongoing programs; Sec. 5 As a part of the Assessment, the and Secretary of Agriculture shall develop and maintain on a continuing basis a compre- (5) Program recommendations which - hensive and appropriately detailed inven- (A) evaluate objectives for the major tory of all National Forest System lands Forest Service programs in order that and renewable resources. This inventory multiple-use and sustained-yield shall be kept current so as to reflect relationships among and within the changes in conditions and identify new renewable resources can be deter- and emerging resources and values. (16 mined; U.S.C. 1603) (B) explain the opportunities for National Forest System land and owners of forests and rangeland to resource management plans participate in programs to improve and enhance the condition of the land and Sec. 6 (a) Development, maintenance, the renewable resource products and revision by Secretary of Agriculture therefrom; as part of program; coordination (C) recognize the fundamental need to As a part of the Program provided for by protect and, where appropriate, section 1602 of this title, the Secretary of improve the quality of , , and Agriculture shall develop, maintain, and, air resources; as appropriate, revise land and resource (D) state national goals that recognize management plans for units of the the interrelationships between and National Forest System, coordinated with interdependence within the renewable the land and resource management resources; planning processes of State and local governments and other Federal agencies. (E) evaluate the impact of the export and import of raw logs upon domestic (b) Criteria timber supplies and prices; and In the development and maintenance of (F) account for the effects of global land management plans for use on units on forest and range- of the National Forest System, the land conditions, including potential Secretary shall use a systematic interdis- effects on the geographic ranges of ciplinary approach to achieve integrated species, and on forest and rangeland consideration of physical, biological, products. (16 U.S.C. 1602) economic, and other sciences. (c) Incorporation of standards and National Forest System resource guidelines by Secretary; time of comple- inventories; development, tion; progress reports; existing manage- maintenance, and updating by ment plans Secretary of Agriculture as part of Assessment The Secretary shall begin to incorporate 40 Forest Service Land Management Planning

the standards and guidelines required by tained therefrom in accordance with the this section in plans for units of the Multiple-Use Sustained-Yield Act of 1960 National Forest System as soon as (16 U.S.C. 528-531), and, in particular, practicable after October 22, 1976, and include coordination of , shall attempt to complete such incorpora- range, timber, watershed, wildlife and fish, tion for all such units by no later than and ; and (2) determine forest September 30, 1985. The Secretary shall management systems, harvesting levels, report to the Congress on the progress of and procedures in the light of all of the such incorporation in the annual report uses set forth in subsection (c)(1) of this required by section 1606(c) of this title. section, the definition of the terms “mul- Until such time as a unit of the National tiple use” and “sustained yield” as Forest System is managed under plans provided in the Multiple-Use Sustained- developed in accordance with this sub- Yield Act of 1960, and the availability of chapter, the management of such unit lands and their suitability for resource may continue under existing land and management. resource management plans. (f) Required provisions (d) Public participation in management Plans developed in accordance with this plans; availability of plans; public meet- section shall - ings (1) form one integrated plan for each The Secretary shall provide for public unit of the National Forest System, participation in the development, review, incorporating in one document or one and revision of land management plans set of documents, available to the public including, but not limited to, making the at convenient locations, all of the plans or revisions available to the public at features required by this section; convenient locations in the vicinity of the affected unit for a period of at least three (2) be embodied in appropriate written months before final adoption, during material, including maps and other which period the Secretary shall publicize descriptive documents, reflecting and hold public meetings or comparable proposed and possible actions, including processes at locations that foster public the planned timber sale program and the participation in the review of such plans proportion of probable methods of or revisions. timber harvest within the unit necessary to fulfill the plan; (e) Required assurances (3) be prepared by an interdisciplinary In developing, maintaining, and revising team. Each team shall prepare its plan plans for units of the National Forest based on inventories of the applicable System pursuant to this section, the resources of the forest; Secretary shall assure that such plans - (1) provide for multiple use and sustained (4) be amended in any manner whatso- yield of the products and services ob- ever after final adoption after public Forest Service Land Management Planning 41

notice, and, if such amendment would to, direction on when and for what plans result in a significant change in such an environmental impact statement plan, in accordance with the provisions required under section 102(2)(C) of that of subsections (e) and (f) of this section Act (42 U.S.C. 4332(2)(C)) shall be and public involvement comparable to prepared; that required by subsection (d) of this (2) specifying guidelines which - section; and (A) require the identification of the (5) be revised (A) from time to time suitability of lands for resource when the Secretary finds conditions in a management; unit have significantly changed, but at least every fifteen years, and (B) in (B) provide for obtaining inventory accordance with the provisions of data on the various renewable re- subsections (e) and (f) of this section sources, and soil and water, including and public involvement comparable to pertinent maps, graphic material, and that required by subsection (d) of this explanatory aids; and section. (C) provide for methods to identify (g) Promulgation of regulations for special conditions or situations involv- development and revision of plans; ing hazards to the various resources environmental considerations; resource and their relationship to alternative management guidelines; guidelines for activities; land management plans (3) specifying guidelines for land As soon as practicable, but not later than management plans developed to achieve two years after October 22, 1976, the the goals of the Program which - Secretary shall in accordance with the (A) insure consideration of the eco- procedures set forth in section 553 of title nomic and environmental aspects of 5, promulgate regulations, under the various systems of renewable re- principles of the Multiple-Use Sustained- source management, including the Yield Act of 1960 (16 U.S.C. 528-531) related systems of and that set out the process for the develop- protection of forest resources, to ment and revision of the land manage- provide for outdoor recreation (includ- ment plans, and the guidelines and ing wilderness), range, timber, water- standards prescribed by this subsection. shed, wildlife, and fish; The regulations shall include, but not be limited to - (B) provide for diversity of plant and animal communities based on the (1) specifying procedures to insure that suitability and capability of the specific land management plans are prepared in land area in order to meet overall accordance with the National Environ- multiple-use objectives, and within the mental Policy Act of 1969 (42 U.S.C. multiple-use objectives of a land 4321 et seq.), including, but not limited management plan adopted pursuant to 42 Forest Service Land Management Planning

this section, provide, where appropri- water from detrimental changes in ate, to the degree practicable, for water temperatures, blockages of steps to be taken to preserve the water courses, and deposits of diversity of species similar to that sediment, where harvests are likely existing in the region controlled by the to seriously and adversely affect plan; water conditions or fish ; and (C) insure research on and (based on (iv) the harvesting system to be used continuous monitoring and assessment is not selected primarily because it in the field) evaluation of the effects will give the greatest dollar return or of each management system to the the greatest unit output of timber; end that it will not produce substantial and and permanent impairment of the (F) insure that , seed tree productivity of the land; cutting, , and other (D) permit increases in harvest levels cuts designed to regenerate an based on intensified management evenaged stand of timber will be used practices, such as reforestation, as a cutting method on National Forest , and tree improvement if (i) System lands only where - such practices justify increasing the (i) for clearcutting, it is determined to harvests in accordance with the be the optimum method, and for Multiple-Use Sustained-Yield Act of other such cuts it is determined to be 1960, and (ii) such harvest levels are appropriate, to meet the objectives decreased at the end of each planning and requirements of the relevant period if such practices cannot be land management plan; successfully implemented or funds are not received to permit such practices (ii) the interdisciplinary review as to continue substantially as planned; determined by the Secretary has been completed and the potential (E) insure that timber will be har- environmental, biological, esthetic, vested from National Forest System engineering, and economic impacts lands only where - on each advertised sale area have (i) soil, slope, or other watershed been assessed, as well as the conditions will not be irreversibly consistency of the sale with the damaged; multiple use of the general area; (ii) there is assurance that such lands (iii) cut blocks, patches, or strips are can be adequately restocked within shaped and blended to the extent five years after harvest; practicable with the natural terrain; (iii) protection is provided for (iv) there are established according streams, streambanks, shorelines, to geographic areas, forest types, or lakes, wetlands, and other bodies of other suitable classifications the Forest Service Land Management Planning 43

maximum size limits for areas to be when considering revisions of the cut in one harvest operation, includ- regulations. The views of the commit- ing provision to exceed the estab- tees shall be included in the public lished limits after appropriate public information supplied when the regula- notice and review by the responsible tions are proposed for adoption. Forest Service officer one level (2) Clerical and technical assistance, as above the Forest Service officer may be necessary to discharge the who normally would approve the duties of the committee, shall be pro- harvest proposal: Provided, That vided from the personnel of the Depart- such limits shall not apply to the size ment of Agriculture. of areas harvested as a result of natural catastrophic conditions such (3) While attending meetings of the as fire, and disease attack, or committee, the members shall be windstorm; and entitled to receive compensation at a rate of $100 per diem, including (v) such cuts are carried out in a traveltime, and while away from their manner consistent with the protec- homes or regular places of business tion of soil, watershed, fish, wildlife, they may be allowed travel expenses, recreation, and esthetic resources, including per diem in lieu of subsistence, and the regeneration of the timber as authorized by section 5703 of title 5, resource. for persons in the Government service (h) Scientific committee to aid in promul- employed intermittently. gation of regulations; termination; revision (i) Consistency of resource plans, permits, committees; clerical and technical assis- contracts, and other instruments with land tance; compensation of committee management plans; revision members Resource plans and permits, contracts, (1) In carrying out the purposes of and other instruments for the use and subsection (g) of this section, the occupancy of National Forest System Secretary of Agriculture shall appoint a lands shall be consistent with the land committee of scientists who are not management plans. Those resource plans officers or employees of the Forest and permits, contracts, and other such Service. The committee shall provide instruments currently in existence shall be scientific and technical advice and revised as soon as practicable to be made counsel on proposed guidelines and consistent with such plans. When land procedures to assure that an effective management plans are revised, resource interdisciplinary approach is proposed plans and permits, contracts, and other and adopted. The committee shall instruments, when necessary, shall be terminate upon promulgation of the revised as soon as practicable. Any regulations, but the Secretary may, from revision in present or future permits, time to time, appoint similar committees contracts, and other instruments made 44 Forest Service Land Management Planning

pursuant to this section shall be subject to The Secretary shall - valid existing rights. (1) formulate and implement, as soon as (j) Effective date of land management practicable, a process for estimating plans and revisions long-terms 4 costs and benefits to support the program evaluation require- Land management plans and revisions ments of this subchapter. This process shall become effective thirty days after shall include requirements to provide completion of public participation and information on a representative sample publication of notification by the Secre- basis of estimated expenditures associ- tary as required under subsection (d) of ated with the reforestation, timber stand this section. improvement, and sale of timber from (k) Development of land management the National Forest System, and shall plans provide a comparison of these expendi- In developing land management plans tures to the return to the Government pursuant to this subchapter, the Secretary resulting from the sale of timber; and shall identify lands within the manage- (2) include a summary of data and ment area which are not suited for timber findings resulting from these estimates production, considering physical, eco- as a part of the annual report required nomic, and other pertinent factors to the pursuant to section 1606(c) of this title, extent feasible, as determined by the including an identification on a represen- Secretary, and shall assure that, except tative sample basis of those advertised for salvage sales or sales necessitated to timber sales made below the estimated protect other multiple-use values, no expenditures for such timber as deter- timber harvesting shall occur on such mined by the above cost process; and 5 lands for a period of 10 years. Lands (m) Establishment of standards to ensure once identified as unsuitable for timber culmination of mean annual increment of production shall continue to be treated for growth; silvicultural practices; salvage reforestation purposes, particularly with harvesting; exceptions regard to the protection of other multiple- use values. The Secretary shall review The Secretary shall establish - his decision to classify these lands as not (1) standards to insure that, prior to suited for timber production at least every harvest, stands of trees throughout the 10 years and shall return these lands to National Forest System shall generally timber production whenever he deter- have reached the culmination of mean mines that conditions have changed so annual increment of growth (calculated that they have become suitable for timber on the basis of cubic measurement or production. other methods of calculation at the (l) Program evaluation; process for discretion of the Secretary): Provided, estimating long-term costs and benefits; That these standards shall not preclude summary of data included in annual report the use of sound silvicultural practices, Forest Service Land Management Planning 45

such as thinning or other stand improve- Forest Service activities ment measures: Provided further, That these standards shall not preclude the Sec. 8 (a) Transmittal to Speaker of Secretary from salvage or House and President of Senate of As- harvesting of timber stands which are sessment, Program and Statement of substantially damaged by fire, Policy used in framing requests; time for windthrow or other catastrophe, or transmittal; implementation by President which are in imminent danger from of programs established under Statement insect or disease attack; and of Policy unless Statement subsequently disapproved by Congress; time for (2) exceptions to these standards for the disapproval harvest of particular species of trees in management units after consideration On the date Congress first convenes in has been given to the multiple uses of 1976 and thereafter following each the forest including, but not limited to, updating of the Assessment and the recreation, wildlife habitat, and range Program, the President shall transmit to and after completion of public participa- the Speaker of the House of Representa- tion processes utilizing the procedures tives and the President of the Senate, of subsection (d) of this section. (16 when Congress convenes, the Assess- U.S.C. 1604) ment as set forth in section 1601 of this title and the Program as set forth in 4 So in original. Probably should be “long- section 1602 of this title, together with a term”. detailed Statement of Policy intended to 5 So in original. The “; and” probably be used in framing budget requests by should be a period. that Administration for Forest Service activities for the five- or ten-year pro- Protection, use and management of gram period beginning during the term of renewable resources on non-Federal such Congress for such further action lands; utilization of Assessment, deemed appropriate by the Congress. surveys and Program by Secretary Following the transmission of such of Agriculture to assist States, etc. Assessment, Program, and Statement of Policy, the President shall, subject to other Sec. 7 The Secretary of Agriculture may actions of the Congress, carry out pro- utilize the Assessment, resource surveys, grams already established by law in and Program prepared pursuant to this accordance with such Statement of subchapter to assist States and other Policy or any subsequent amendment or organizations in proposing the planning for modification thereof approved by the the protection, use, and management of Congress, unless, before the end of the renewable resources on non-Federal land. first period of ninety calendar days of (16 U.S.C. 1605) continuous session of Congress after the Budget requests by President for date on which the President of the Senate and the Speaker of the House are recipi- 46 Forest Service Land Management Planning

ents of the transmission of such Assess- lesser programs or policies presented. ment, Program, and Statement of Policy, Amounts appropriated to carry out the either House adopts a resolution reported policies approved in accordance with by the appropriate committee of jurisdic- subsection (a) of this section shall be tion disapproving the Statement of Policy. expended in accordance with the Con- For the purpose of this subsection, the gressional Budget and Impoundment continuity of a session shall be deemed to Control Act of 1974. be broken only by an adjournment sine (c) Annual evaluation report to Congress die, and the days on which either House of Program components; time of submis- is not in session because of an adjourn- sion; status of major research programs; ment of more than three days to a day application of findings; status, etc., of certain shall be excluded in the computa- cooperative forestry assistance programs tion of the ninety-day period. Notwith- and activities standing any other provision of this subchapter, Congress may revise or For the purpose of providing information modify the Statement of Policy transmit- that will aid Congress in its oversight ted by the President, and the revised or responsibilities and improve the account- modified Statement of Policy shall be ability of agency expenditures and used in framing budget requests. activities, the Secretary of Agriculture shall prepare an annual report which (b) Contents of requests to show extent evaluates the component elements of the of compliance of projected programs and Program required to be prepared by policies with policies approved by Con- section 1602 of this title which shall be gress; requests not conforming to ap- furnished to the Congress at the time of proved policies; expenditure of appropria- submission of the annual fiscal budget tions commencing with the third fiscal year Commencing with the fiscal budget for after August 17, 1974. With regard to the the year ending September 30, 1977, research component of the program, the requests presented by the President to the report shall include, but not be limited to, a Congress governing Forest Service description of the status of major re- activities shall express in qualitative and search programs, significant findings, and quantitative terms the extent to which the how these findings will be applied in programs and policies projected under the National Forest System management and budget meet the policies approved by the in cooperative State and private Forest Congress in accordance with subsection Service programs. With regard to the (a) of this section. In any case in which cooperative forestry assistance part of such budget so presented recommends a the Program, the report shall include, but course which fails to meet the policies so not be limited to, a description of the established, the President shall specifi- status, accomplishments, needs, and work cally set forth the reason or reasons for backlogs for the programs and activities requesting the Congress to approve the conducted under the Cooperative For- Forest Service Land Management Planning 47

estry Assistance Act of 1978 (16 U.S.C. resources; development and 2101 et seq.). administration by Secretary of (d) Required contents of annual evalua- Agriculture in accordance with tion report multiple use and sustained yield concepts for products and services; These annual evaluation reports shall set target year for operational posture forth progress in implementing the of resources; budget requests Program required to be prepared by section 1602 of this title, together with Sec. 9 The Secretary of Agriculture shall accomplishments of the Program as they take such action as will assure that the relate to the objectives of the Assess- development and administration of the ment. Objectives should be set forth in renewable resources of the National qualitative and quantitative terms and Forest System are in full accord with the accomplishments should be reported concepts for multiple use and sustained accordingly. The report shall contain yield of products and services as set forth appropriate measurements of pertinent in the Multiple-Use Sustained-Yield Act costs and benefits. The evaluation shall of 1960 (16 U.S.C. 528-531). To further assess the balance between economic these concepts, the Congress hereby sets factors and environmental quality factors. the year 2000 as the target year when the Program benefits shall include, but not be renewable resources of the National limited to, environmental quality factors Forest System shall be in an operating such as esthetics, public access, wildlife posture whereby all backlogs of needed habitat, recreational and wilderness use, treatment for their restoration shall be and economic factors such as the excess reduced to a current basis and the major of cost savings over the value of forego- portion of planned intensive multiple-use ing benefits and the rate of return on sustained-yield management procedures renewable resources. shall be installed and operating on an environmentally-sound basis. The annual (e) Additional required contents of annual budget shall contain requests for funds for evaluation report an orderly program to eliminate such The reports shall indicate plans for backlogs: Provided, That when the implementing corrective action and Secretary finds that (1) the backlog of recommendations for new legislation areas that will benefit by such treatment where warranted. has been eliminated, (2) the cost of (f) Form of annual evaluation report treating the remainder of such area exceeds the economic and environmental The reports shall be structured for benefits to be secured from their treat- Congress in concise summary form with ment, or (3) the total supplies of the necessary detailed data in appendices. renewable resources of the United States (16 U.S.C. 1606) are adequate to meet the future needs of National Forest System renewable the American people, the budget request 48 Forest Service Land Management Planning

for these elements of restoration may be natural means. Such action shall be taken adjusted accordingly. (16 U.S.C. 1607) unless it is later determined that the road is needed for use as a part of the National National Forest Transportation Forest Transportation System. System (c) Standards of roadway construction Sec. 10 (a) Congressional declaration of Roads constructed on National Forest policy; time for development; method of System lands shall be designed to stan- financing; financing of forest development dards appropriate for the intended uses, roads considering safety, cost of transportation, The Congress declares that the installa- and impacts on land and resources. (16 tion of a proper system of transportation U.S.C. 1608) to service the National Forest System, as is provided for in sections 532 to 538 of National Forest System this title, shall be carried forward in time Sec. 11 (a) Congressional declaration of to meet anticipated needs on an economi- constituent elements and purposes; lands cal and environmentally sound basis, and etc., included within; return of lands to the method chosen for financing the public domain construction and maintenance of the transportation system should be such as Congress declares that the National to enhance local, regional, and national Forest System consists of units of feder- benefits: Provided, That limitations on the ally owned forest, range, and related level of obligations for construction of lands throughout the United States and its forest roads by timber purchasers shall be territories, united into a nationally signifi- established in annual appropriation Acts. cant system dedicated to the long-term benefit for present and future generations, (b) Construction of temporary roadways and that it is the purpose of this section to in connection with timber contracts, and include all such areas into one integral other permits or leases system. The “National Forest System” Unless the necessity for a permanent shall include all national forest lands road is set forth in the forest development reserved or withdrawn from the public road system plan, any road constructed domain of the United States, all national on land of the National Forest System in forest lands acquired through purchase, connection with a timber contract or other exchange, donation, or other means, the permit or lease shall be designed with the national and land utilization goal of reestablishing vegetative cover on projects administered under title III of the the roadway and areas where the vegeta- Bankhead-Jones Farm Tenant Act (7 tive cover has been disturbed by the U.S.C. 1010 et seq.), and other lands, construction of the road, within ten years , or interests therein which are after the termination of the contract, administered by the Forest Service or are permit, or lease either through artificial or designated for administration through the Forest Service Land Management Planning 49

Forest Service as a part of the system. ties and authorities of the Forest Service Notwithstanding the provisions of section on August 17, 1974 and on the date of 473 of this title, no land now or hereafter enactment of any legislation amendatory reserved or withdrawn from the public or supplementary thereto. (16 U.S.C. domain as national forests pursuant to 1610) section 471 (Section 471 was repealed.) of this title, or any act supplementary to Timber and amendatory thereof, shall be returned Sec. 13 (a) Limitations on removal; to the public domain except by an act of variations in allowable sale quantity; Congress. public participation (b) Location of Forest Service offices The Secretary of Agriculture shall limit The on-the-ground field offices, field the sale of timber from each national supervisory offices, and regional offices forest to a quantity equal to or less than a of the Forest Service shall be so situated quantity which can be removed from such as to provide the optimum level of conve- forest annually in perpetuity on a sus- nient, useful services to the public, giving tained-yield basis: Provided, That, in order priority to the maintenance and location of to meet overall multiple-use objectives, facilities in rural areas and towns near the the Secretary may establish an allowable national forest and Forest Service pro- sale quantity for any decade which gram locations in accordance with the departs from the projected long-term standards in section 2204b-1(b) of title 7. average sale quantity that would other- (16 U.S.C. 1609) wise be established: Provided further, That any such planned departure must be Implementation of provisions by consistent with the multiple-use manage- Secretary of Agriculture; utilization ment objectives of the land management of information and data of other plan. Plans for variations in the allowable organizations; avoidance of sale quantity must be made with public duplication of planning, etc.; participation as required by section “renewable resources” defined 1604(d) of this title. In addition, within any decade, the Secretary may sell a quantity Sec. 12 In carrying out this subchapter, in excess of the annual allowable sale the Secretary of Agriculture shall utilize quantity established pursuant to this information and data available from other section in the case of any national forest Federal, State, and private organizations so long as the average sale quantities of and shall avoid duplication and overlap of timber from such national forest over the resource assessment and program decade covered by the plan do not planning efforts of other Federal agen- exceed such quantity limitation. In those cies. The term “renewable resources” cases where a forest has less than two shall be construed to involve those hundred thousand acres of commercial matters within the scope of responsibili- forest land, the Secretary may use two or 50 Forest Service Land Management Planning

more forests for purposes of determining the execution of his responsibilities. The the sustained yield. membership of such boards shall be representative of a cross section of (b) Salvage harvesting groups interested in the planning for and Nothing in subsection (a) of this section management of the National Forest shall prohibit the Secretary from salvage System and the various types of use and or sanitation harvesting of timber stands enjoyment of the lands thereof. (16 which are substantially damaged by fire, U.S.C. 1612) windthrow, or other catastrophe, or which are in imminent danger from insect or Promulgation of regulations disease attack. The Secretary may either Sec. 15 The Secretary of Agriculture substitute such timber for timber that shall prescribe such regulations as he would otherwise be sold under the plan or, determines necessary and desirable to if not feasible, sell such timber over and carry out the provisions of this subchap- above the plan volume. (16 U.S.C. 1611) ter. (16 U.S.C. 1613) Public participation Severability Sec. 14 (a) Adequate notice and opportu- Sec. 16 If any provision of this subchap- nity to comment ter or the application thereof to any In exercising his authorities under this person or circumstances is held invalid, subchapter and other laws applicable to the validity of the remainder of this the Forest Service, the Secretary, by subchapter and of the application of such regulation, shall establish procedures, provision to other persons and circum- including public hearings where appropri- stances shall not be affected thereby. (16 ate, to give the Federal, State, and local U.S.C. 1614) governments and the public adequate notice and an opportunity to comment upon the formulation of standards, criteria, and guidelines 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 the Federal Advisory Commit- tee Act (86 Stat. 770) and other appli- cable law, shall establish and consult such advisory boards as he deems necessary to secure full information and advice on