16 Usc 1604

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[Laws in effect as of January 20, 2004]

[Document not affected by Public Laws enacted between

January 20, 2004 and December 23, 2004]

[CITE: 16USC1604]

TITLE 16--CONSERVATION

CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING

SUBCHAPTER I--PLANNING

Sec. 1604. National Forest System land and resource management

plans

(a) Development, maintenance, and revision by Secretary of Agriculture

as part of program; coordination

As a part of the Program provided for by section 1602 of this title,

the Secretary of Agriculture shall develop, maintain, and, as

appropriate, revise land and resource management plans for units of the

National Forest System, coordinated with the land and resource

management planning processes of State and local governments and other

Federal agencies.

(b) Criteria

In the development and maintenance of land management plans for use

on units of the National Forest System, the Secretary shall use a

systematic interdisciplinary approach to achieve integrated

consideration of physical, biological, economic, and other sciences.

(c) Incorporation of standards and guidelines by Secretary; time of

completion; progress reports; existing management plans

The Secretary shall begin to incorporate the standards and

guidelines required by this section in plans for units of the National

Forest System as soon as practicable after October 22, 1976, and shall

attempt to complete such incorporation for all such units by no later

than September 30, 1985. The Secretary shall report to the Congress on

the progress of such incorporation in the annual report required by

section 1606(c) of this title. Until such time as a unit of the National

Forest System is managed under plans developed in accordance with this

subchapter, the management of such unit may continue under existing land

and resource management plans.

(d) Public participation in management plans; availability of plans;

public meetings

The Secretary shall provide for public participation in the

development, review, and revision of land management plans including,

but not limited to, making the plans or revisions available to the

public at convenient locations in the vicinity of the affected unit for

a period of at least three months before final adoption, during which

period the Secretary shall publicize and hold public meetings or

comparable processes at locations that foster public participation in

the review of such plans or revisions.

(e) Required assurances

In developing, maintaining, and revising plans for units of the

National Forest System pursuant to this section, the Secretary shall

assure that such plans--

(1) provide for multiple use and sustained yield of the products

and services obtained therefrom in accordance with the Multiple-Use

Sustained-Yield Act of 1960 [16 U.S.C. 528-531], and, in particular,

include coordination of outdoor recreation, range, timber,

watershed, wildlife and fish, and wilderness; and

(2) determine forest management systems, harvesting levels, and

procedures in the light of all of the uses set forth in subsection

(c)(1) of this section, the definition of the terms ``multiple use''

and ``sustained yield'' as provided in the Multiple-Use Sustained-

Yield Act of 1960, and the availability of lands and their

suitability for resource management.

(f) Required provisions

Plans developed in accordance with this section shall--

(1) form one integrated plan for each unit of the National

Forest System, incorporating in one document or one set of

documents, available to the public at convenient locations, all of

the features required by this section;

(2) be embodied in appropriate written material, including maps

and other descriptive documents, reflecting proposed and possible

actions, including the planned timber sale program and the

proportion of probable methods of timber harvest within the unit

necessary to fulfill the plan;

(3) be prepared by an interdisciplinary team. Each team shall

prepare its plan based on inventories of the applicable resources of

the forest;

(4) be amended in any manner whatsoever after final adoption

after public notice, and, if such amendment would result in a

significant change in such plan, in accordance with the provisions

of subsections (e) and (f) of this section and public involvement

comparable to that required by subsection (d) of this section; and

(5) be revised (A) from time to time when the Secretary finds

conditions in a unit have significantly changed, but at least every

fifteen years, and (B) in accordance with the provisions of

subsections (e) and (f) of this section and public involvement

comparable to that required by subsection (d) of this section.

(g) Promulgation of regulations for development and revision of plans;

environmental considerations; resource management guidelines;

guidelines for land management plans

As soon as practicable, but not later than two years after October

22, 1976, the Secretary shall in accordance with the procedures set

forth in section 553 of title 5, promulgate regulations, under the

principles of the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C.

528-531] that set out the process for the development and revision of

the land management plans, and the guidelines and standards prescribed

by this subsection. The regulations shall include, but not be limited

to--

(1) specifying procedures to insure that land management plans

are prepared in accordance with the National Environmental Policy

Act of 1969 [42 U.S.C. 4321 et seq.], including, but not limited to,

direction on when and for what plans an environmental impact

statement required under section 102(2)(C) of that Act [42 U.S.C.

4332(2)(C)] shall be prepared;

(2) specifying guidelines which--

(A) require the identification of the suitability of lands

for resource management;

(B) provide for obtaining inventory data on the various

renewable resources, and soil and water, including pertinent

maps, graphic material, and explanatory aids; and

(C) provide for methods to identify special conditions or

situations involving hazards to the various resources and their

relationship to alternative activities;

(3) specifying guidelines for land management plans developed to

achieve the goals of the Program which--

(A) insure consideration of the economic and environmental

aspects of various systems of renewable resource management,

including the related systems of silviculture and protection of

forest resources, to provide for outdoor recreation (including

wilderness), range, timber, watershed, wildlife, and fish;

(B) provide for diversity of plant and animal communities

based on the suitability and capability of the specific land

area in order to meet overall multiple-use objectives, and

within the multiple-use objectives of a land management plan

adopted pursuant to this section, provide, where appropriate, to

the degree practicable, for steps to be taken to preserve the

diversity of tree species similar to that existing in the region

controlled by the plan;

(C) insure research on and (based on continuous monitoring

and assessment in the field) evaluation of the effects of each

management system to the end that it will not produce

substantial and permanent impairment of the productivity of the

land;

(D) permit increases in harvest levels based on intensified

management practices, such as reforestation, thinning, and tree

improvement if (i) such practices justify increasing the

harvests in accordance with the Multiple-Use Sustained-Yield Act

of 1960, and (ii) such harvest levels are decreased at the end

of each planning period if such practices cannot be successfully

implemented or funds are not received to permit such practices

to continue substantially as planned;

(E) insure that timber will be harvested from National

Forest System lands only where--

(i) soil, slope, or other watershed conditions will not

be irreversibly damaged;

(ii) there is assurance that such lands can be

adequately restocked within five years after harvest;

(iii) protection is provided for streams, streambanks,

shorelines, lakes, wetlands, and other bodies of water from

detrimental changes in water temperatures, blockages of

water courses, and deposits of sediment, where harvests are

likely to seriously and adversely affect water conditions or

fish habitat; and

(iv) the harvesting system to be used is not selected

primarily because it will give the greatest dollar return or

the greatest unit output of timber; and

(F) insure that clearcutting, seed tree cutting, shelterwood

cutting, and other cuts designed to regenerate an evenaged stand

of timber will be used as a cutting method on National Forest

System lands only where--

(i) for clearcutting, it is determined to be the optimum

method, and for other such cuts it is determined to be

appropriate, to meet the objectives and requirements of the

relevant land management plan;

(ii) the interdisciplinary review as determined by the

Secretary has been completed and the potential

environmental, biological, esthetic, engineering, and

economic impacts on each advertised sale area have been

assessed, as well as the consistency of the sale with the

multiple use of the general area;

(iii) cut blocks, patches, or strips are shaped and

blended to the extent practicable with the natural terrain;

(iv) there are established according to geographic

areas, forest types, or other suitable classifications the

maximum size limits for areas to be cut in one harvest

operation, including provision to exceed the established

limits after appropriate public notice and review by the

responsible Forest Service officer one level above the

Forest Service officer who normally would approve the

harvest proposal: Provided, That such limits shall not apply

to the size of areas harvested as a result of natural

catastrophic conditions such as fire, insect and disease

attack, or windstorm; and

(v) such cuts are carried out in a manner consistent

with the protection of soil, watershed, fish, wildlife,

recreation, and esthetic resources, and the regeneration of

the timber resource.

(h) Scientific committee to aid in promulgation of regulations;

termination; revision committees; clerical and technical

assistance; compensation of committee members

(1) In carrying out the purposes of subsection (g) of this section,

the Secretary of Agriculture shall appoint a committee of scientists who

are not officers or employees of the Forest Service. The committee shall

provide scientific and technical advice and counsel on proposed

guidelines and procedures to assure that an effective interdisciplinary

approach is proposed and adopted. The committee shall terminate upon

promulgation of the regulations, but the Secretary may, from time to

time, appoint similar committees when considering revisions of the

regulations. The views of the committees shall be included in the public

information supplied when the regulations are proposed for adoption.

(2) Clerical and technical assistance, as may be necessary to

discharge the duties of the committee, shall be provided from the

personnel of the Department of Agriculture.

(3) While attending meetings of the committee, the members shall be

entitled to receive compensation at a rate of $100 per diem, including

traveltime, and while away from their homes or regular places of

business they may be allowed travel expenses, including per diem in lieu

of subsistence, as authorized by section 5703 of title 5, for persons in

the Government service employed intermittently.

(i) Consistency of resource plans, permits, contracts, and other

instruments with land management plans; revision

Resource plans and permits, contracts, and other instruments for the

use and occupancy of National Forest System lands shall be consistent

with the land management plans. Those resource plans and permits,

contracts, and other such instruments currently in existence shall be

revised as soon as practicable to be made consistent with such plans.

When land management plans are revised, resource plans and permits,

contracts, and other instruments, when necessary, shall be revised as

soon as practicable. Any revision in present or future permits,

contracts, and other instruments made pursuant to this section shall be

subject to valid existing rights.

(j) Effective date of land management plans and revisions

Land management plans and revisions shall become effective thirty

days after completion of public participation and publication of

notification by the Secretary as required under subsection (d) of this

section.

(k) Development of land management plans

In developing land management plans pursuant to this subchapter, the

Secretary shall identify lands within the management area which are not

suited for timber production, considering physical, economic, and other

pertinent factors to the extent feasible, as determined by the

Secretary, and shall assure that, except for salvage sales or sales

necessitated to protect other multiple-use values, no timber harvesting

shall occur on such lands for a period of 10 years. Lands once

identified as unsuitable for timber production shall continue to be

treated for reforestation purposes, particularly with regard to the

protection of other multiple-use values. The Secretary shall review his

decision to classify these lands as not suited for timber production at

least every 10 years and shall return these lands to timber production

whenever he determines that conditions have changed so that they have

become suitable for timber production.

(l) Program evaluation; process for estimating long-term costs and

benefits; summary of data included in annual report

The Secretary shall--

(1) formulate and implement, as soon as practicable, a process

for estimating long-terms \1\ costs and benefits to support the

program evaluation requirements of this subchapter. This process

shall include requirements to provide information on a

representative sample basis of estimated expenditures associated

with the reforestation, timber stand improvement, and sale of timber

from the National Forest System, and shall provide a comparison of

these expenditures to the return to the Government resulting from

the sale of timber; and

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\1\ So in original. Probably should be ``long-term''.

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(2) include a summary of data and findings resulting from these

estimates as a part of the annual report required pursuant to

section 1606(c) of this title, including an identification on a

representative sample basis of those advertised timber sales made

below the estimated expenditures for such timber as determined by

the above cost process; and \2\

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\2\ So in original. The ``; and'' probably should be a period.

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(m) Establishment of standards to ensure culmination of mean annual

increment of growth; silvicultural practices; salvage

harvesting; exceptions

The Secretary shall establish--

(1) standards to insure that, prior to harvest, stands of trees

throughout the National Forest System shall generally have reached

the culmination of mean annual increment of growth (calculated on

the basis of cubic measurement or other methods of calculation at

the discretion of the Secretary): Provided, That these standards

shall not preclude the use of sound silvicultural practices, such as

thinning or other stand improvement measures: Provided further, That

these standards shall not preclude the Secretary from salvage or

sanitation harvesting of timber stands which are substantially

damaged by fire, windthrow or other catastrophe, or which are in

imminent danger from insect or disease attack; and

(2) exceptions to these standards for the harvest of particular

species of trees in management units after consideration has been

given to the multiple uses of the forest including, but not limited

to, recreation, wildlife habitat, and range and after completion of

public participation processes utilizing the procedures of

subsection (d) of this section.

(Pub. L. 93-378, Sec. 6, formerly, Sec. 5, Aug. 17, 1974, 88 Stat. 477,

renumbered Sec. 6 and amended Pub. L. 94-588, Secs. 2, 6, 12(a), Oct.

22, 1976, 90 Stat. 2949, 2952, 2958.)

References in Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in

subsecs. (e) and (g), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as

amended, which is classified generally to sections 528 to 531 of this

title. For complete classification of this Act to the Code, see Short

Title note set out under section 528 of this title and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (g)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)

of Title 42, The Public Health and Welfare. For complete classification

of this Act to the Code, see Short Title note set out under section 4321

of Title 42 and Tables.

Amendments

1976--Subsec. (a). Pub. L. 94-588, Sec. 12(a), substituted ``section

4'' for ``section 3'' in the original, which, because of the translation

as ``section 1602 of this title'' required no change in text.

Subsecs. (c) to (m). Pub. L. 94-588, Sec. 6, added subsecs. (c) to

(m).

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other

official in Department of Agriculture under this subchapter to Federal

Inspector, 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 note set out under section 1601 of this title.

Revision of Forest Plans

Pub. L. 108-447, div. E, title III, Sec. 320, Dec. 8, 2004, 118

Stat. 3097, provided that: ``Prior to October 1, 2005, the Secretary of

Agriculture shall not be considered to be in violation of subparagraph

6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act

of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have

passed without revision of the plan for a unit of the National Forest

System. Nothing in this section exempts the Secretary from any other

requirement of the Forest and Rangeland Renewable Resources Planning Act

(16 U.S.C. 1600 et seq.) or any other law: Provided, That if the

Secretary is not acting expeditiously and in good faith, within the

funding available, to revise a plan for a unit of the National Forest

System, this section shall be void with respect to such plan and a court

of proper jurisdiction may order completion of the plan on an

accelerated basis.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 108-108, title III, Sec. 320, Nov. 10, 2003, 117 Stat. 1306.

Pub. L. 108-7, div. F, title III, Sec. 320, Feb. 20, 2003, 117 Stat

274.

Pub. L. 107-63, title III, Sec. 327, Nov. 5, 2001, 115 Stat. 470.

Expeditious Completion of Management Plans of Forest Service and Bureau

of Land Management; Continuation of Existing Plans; Judicial Review

Pub. L. 101-121, title III, Sec. 312, Oct. 23, 1989, 103 Stat. 743,

provided that: ``The Forest Service and Bureau of Land Management are to

continue to complete as expeditiously as possible development of their

respective Forest Land and Resource Management Plans to meet all

applicable statutory requirements. Notwithstanding the date in section

6(c) of the NFMA (16 U.S.C. 1600) [16 U.S.C. 1604(c)], the Forest

Service, and the Bureau of Land Management under separate authority, may

continue the management of lands within their jurisdiction under

existing land and resource management plans pending the completion of

new plans. Nothing shall limit judicial review of particular activities

on these lands: Provided, however, That there shall be no challenges to

any existing plan on the sole basis that the plan in its entirety is

outdated, or in the case of the Bureau of Land Management, solely on the

basis that the plan does not incorporate information available

subsequent to the completion of the existing plan: Provided further,

That any and all particular activities to be carried out under existing

plans may nevertheless be challenged.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 100-446, title III, Sec. 314, Sept. 27, 1988, 102 Stat.

1825.

Pub. L. 100-202, Sec. 101(g) [title III, Sec. 314], Dec. 22, 1987,

101 Stat. 1329-213, 1329-254.

Pub. L. 99-500, Sec. 101(h) [title II], Oct. 18, 1986, 100 Stat.

1783-242, 1783-268, and Pub. L. 99-591, Sec. 101(h) [title II], Oct. 30,

1986, 100 Stat. 3341-242, 3341-268.