Multiple Use Sustained Yield Act of 1960

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10. MULTIPLE-USE OF THE NATIONAL FOREST SYSTEM
[As Amended through the end of the First Session of the 108th
Congress (Public Law 108–198, Dec. 31, 2003)]

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A. Multiple-Use Sustained-Yield Act of 1960
This is the short title of this Act. See section 5.
(Public Law 86–517; Approved June 12, 1960)
AN ACT To authorize and direct that the national forests be managed under principles of multiple use and to produce a sustained yield of products and services,
and for other purposes

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That ø16 U.S.C.
528¿ it is the policy of the Congress that the national forests are
established and shall be administered for outdoor recreation, range,
timber, watershed, and wildlife and fish purposes. The purposes of
this Act are declared to be supplemental to, but not in derogation
of, the purposes for which the national forests were established as
set forth in the Act of June 4, 1897 (16 U.S.C. 475). Nothing herein
shall be construed as affecting the jurisdiction or responsibilities of
the several States with respect to wildlife and fish on the national
forests. Nothing herein shall be construed so as to affect the use
of administration of the mineral resources of national forest lands
or to affect the use or administration of Federal lands not within
national forests.
SEC. 2. ø16 U.S.C. 529¿ The Secretary of Agriculture is authorized and directed to develop and administer the renewable surface
resources of the national forests for multiple use and sustained
yield of the several products and services obtained therefrom. In
the administration of the national forests due consideration shall
be given to the relative values of the various resources in particular areas. The establishment and maintenance of areas of wilderness are consistent with the purposes and provisions of this Act.
SEC. 3. ø16 U.S.C. 530¿ In the effectuation of this Act the Secretary of Agriculture is authorized to cooperate with interested
State and local governmental agencies and others in the development and management of the national forests.
SEC. 4. ø16 U.S.C. 531¿ As used in this Act, the following
terms shall have the following meanings:
(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 adjustments 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 resources, each with the
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Sec. 5

MULTIPLE-USE SUSTAINED-YIELD ACT OF 1960

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other, without impairment of the productivity of the land, with consideration 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 maintenance in perpetuity of a highlevel annual or regular periodic output of the various renewable resources of the national forests without impairment of the productivity of the land.
SEC. 5. ø16 U.S.C. 528 note¿ This Act may be cited as the
‘‘Multiple-Use Sustained-Yield Act of 1960’’.

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B. Pilot Program of Charges and Fees for Harvest of Forest
Botanical Products
(Section 339 of the Department of the Interior and Related Agencies Appropriations
Act, 2000, as enacted into law by section 1000(a)(3) of Public Law 106–113 (113
Stat. 1501A–204))

SEC. 339. ø16 U.S.C. 528 note¿ PILOT PROGRAM OF CHARGES
AND FEES FOR HARVEST OF FOREST BOTANICAL PRODUCTS. (a) DEFINITION OF FOREST BOTANICAL PRODUCT.—For purposes of this section, the term ‘‘forest botanical product’’ means any naturally occurring mushrooms, fungi, flowers, seeds, roots, bark, leaves, and
other vegetation (or portion thereof ) that grow on National Forest
System lands. The term does not include trees, except as provided
in regulations issued under this section by the Secretary of Agriculture.
(b) RECOVERY OF FAIR MARKET VALUE FOR PRODUCTS.—The
Secretary of Agriculture shall develop and implement a pilot program to charge and collect fees under subsection (c) for forest botanical products harvested on National Forest System lands. The
Secretary shall establish appraisal methods and bidding procedures
to determine the fair market value of forest botanical products harvested under the pilot program.
(c) FEES.—
(1) IMPOSITION AND COLLECTION.—Under the pilot program, the Secretary of Agriculture shall charge and collect
from a person who harvests forest botanical products on National Forest System lands a fee in an amount established by
the Secretary to recover at least a portion of the fair market
value of the harvested forest botanical products and a portion
of the costs incurred by the Department of Agriculture associated with granting, modifying, or monitoring the authorization
for harvest of the forest botanical products, including the costs
of any environmental or other analysis.
(2) SECURITY.—The Secretary may require a person assessed a fee under this subsection to provide security to ensure
that the Secretary receives the fees imposed under this subsection from the person.
(d) SUSTAINABLE HARVEST LEVELS FOR FOREST BOTANICAL
PRODUCTS.—The Secretary of Agriculture shall conduct appropriate
analyses to determine whether and how the harvest of forest botanical products on National Forest System lands can be conducted on
a sustainable basis. The Secretary may not permit under the pilot
program the harvest of forest botanical products at levels in excess
of sustainable harvest levels, as defined pursuant to the MultipleUse Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). The Secretary shall establish procedures and timeframes to monitor and
revise the harvest levels established for forest botanical products.
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HARVEST OF FOREST BOTANICAL PRODUCTS

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(e) WAIVER AUTHORITY.—
(1) PERSONAL USE.—The Secretary of Agriculture shall establish a personal use harvest level for each forest botanical
product, and the harvest of a forest botanical product below
that level by a person for personal use shall not be subject to
charges and fees under subsections (b) and (c).
(2) OTHER EXCEPTIONS.—The Secretary may also waive the
application of subsection (b) or (c) pursuant to such regulations
as the Secretary may prescribe.
(f ) DEPOSIT AND USE OF FUNDS.—
(1) DEPOSIT.—Funds collected under the pilot program in
accordance with subsection (c) shall be deposited into a special
account in the Treasury of the United States.
(2) FUNDS AVAILABLE.—Funds deposited into the special
account in accordance with paragraph (1) shall be available for
expenditure by the Secretary of Agriculture under paragraph
(3) without further appropriation, and shall remain available
for expenditure until the date specified in subsection (h)(2).
(3) AUTHORIZED USES.—The funds made available under
paragraph (2) shall be expended at units of the National Forest
System in proportion to the fees collected at that unit under
subsection (c) to pay for the costs of conducting inventories of
forest botanical products, determining sustainable levels of
harvest, monitoring and assessing the impacts of harvest levels
and methods, conducting restoration activities, including any
necessary vegetation, and covering costs of the Department of
Agriculture described in subsection (c)(1).
(4) TREATMENT OF FEES.—Funds collected under subsection
(c) shall not be taken into account for the purposes of the following laws:
(A) The sixth paragraph under the heading ‘‘FOREST
SERVICE’’ in the Act of May 23, 1908 (16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (commonly known
as the Weeks Act; 16 U.S.C. 500).
(B) The fourteenth paragraph under the heading ‘‘FOREST SERVICE’’ in the Act of March 4, 1913 (16 U.S.C. 501).
(C) Section 33 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1012).
(D) The Act of August 8, 1937, and the Act of May 24,
1939 (43 U.S.C. 1181a et seq.).
(E) Section 6 of the Act of June 14, 1926 (commonly
known as the Recreation and Public Purposes Act; 43
U.S.C. 869–4).
(F) Chapter 69 of title 31, United States Code.
(G) Section 401 of the Act of June 15, 1935 (16 U.S.C.
715s).
(H) Section 4 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–6a).
(I) Any other provision of law relating to revenue allocation.
(g) REPORTING REQUIREMENTS.—As soon as practicable after
the end of each fiscal year in which the Secretary of Agriculture
collects fees under subsection (c) or expends funds from the special
account under subsection (f ), the Secretary shall submit to the
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HARVEST OF FOREST BOTANICAL PRODUCTS

Congress a report summarizing the activities of the Secretary
under the pilot program, including the funds generated under subsection (c), the expenses incurred to carry out the pilot program,
and the expenditures made from the special account during that
fiscal year.
(h) DURATION OF PILOT PROGRAM.—
(1) COLLECTION OF FEES.—The Secretary of Agriculture
may collect fees under the authority of subsection (c) until September 30, 2009.
(2) USE OF SPECIAL ACCOUNT.—The Secretary may make
expenditures from the special account under subsection (f )
until September 30 of the fiscal year following the last fiscal
year specified in paragraph (1). After that date, amounts remaining in the special account shall be transferred to the general fund of the Treasury.

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