§ 1601. — Renewable Resource Assessment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1601]
TITLE 16--CONSERVATION
CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
SUBCHAPTER I--PLANNING
Sec. 1601. Renewable Resource Assessment
(a) Preparation by Secretary of Agriculture; time of preparation,
updating and contents
In recognition of the vital importance of America's renewable
resources of the forest, range, and other associated lands to the
Nation's social and economic well-being, and of the necessity for a long
term perspective in planning and undertaking related national renewable
resource programs administered by the Forest Service, the Secretary of
Agriculture shall prepare a Renewable Resource Assessment (hereinafter
called the ``Assessment''). The Assessment shall be prepared not later
than December 31, 1975, and shall be updated during 1979 and each tenth
year thereafter, and shall include but not be limited to--
(1) an analysis of present and anticipated uses, demand for, and
supply of the renewable resources, with consideration of the
international resource situation, and an emphasis of pertinent
supply and demand and price relationship trends;
(2) an inventory, based on information developed by the Forest
Service and other Federal agencies, of present and potential
renewable resources, and an evaluation of opportunities for
improving their yield of tangible and intangible goods and services,
together with estimates of investment costs and direct and indirect
returns to the Federal Government;
(3) a description of Forest Service programs and
responsibilities in research, cooperative programs and management of
the National Forest System, their interrelationships, and the
relationship of these programs and responsibilities to public and
private activities;
(4) a discussion of important policy considerations, laws,
regulations, and other factors expected to influence and affect
significantly the use, ownership, and management of forest, range,
and other associated lands; and \1\
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\1\ So in original. The word ``and'' probably should not appear.
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(5) an analysis of the potential effects of global climate
change on the condition of renewable resources on the forests and
rangelands of the United States; and
(6) an analysis of the rural and urban forestry opportunities to
mitigate the buildup of atmospheric carbon dioxide and reduce the
risk of global climate change,\2\
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\2\ So in original. The comma probably should be a period.
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(b) Omitted
(c) Contents of Assessments
The Secretary shall report in the 1979 and subsequent Assessments
on:
(1) the additional fiber potential in the National Forest System
including, but not restricted to, forest mortality, growth, salvage
potential, potential increased forest products sales, economic
constraints, alternate markets, contract considerations, and other
multiple use considerations;
(2) the potential for increased utilization of forest and wood
product wastes in the National Forest System and on other lands, and
of urban wood wastes and wood product recycling, including
recommendations to the Congress for actions which would lead to
increased utilization of material now being wasted both in the
forests and in manufactured products; and
(3) the milling and other wood fiber product fabrication
facilities and their location in the United States, noting the
public and private forested areas that supply such facilities,
assessing the degree of utilization into product form of harvested
trees by such facilities, and setting forth the technology
appropriate to facilities to improve utilization either individually
or in aggregate the units of harvested trees and to reduce wasted
wood fibers. The Secretary shall set forth a program to encourage
the adoption by these facilities of these technologies for improving
wood fiber utilization.
(d) \3\ Public involvement; consultation with governmental departments
and agencies
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\3\ So in original. Two subsecs. (d) have been enacted.
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In developing the reports required under subsection (c) of this
section, the Secretary shall provide opportunity for public involvement
and shall consult with other interested governmental departments and
agencies.
(d) \3\ Congressional policy of multiple use sustained yield management;
examination and certification of lands; estimate of
appropriations necessary for reforestation and other treatment;
budget requirements; authorization of appropriations
(1) It is the policy of the Congress that all forested lands in the
National Forest System shall be maintained in appropriate forest cover
with species of trees, degree of stocking, rate of growth, and
conditions of stand designed to secure the maximum benefits of multiple
use sustained yield management in accordance with land management plans.
Accordingly, the Secretary is directed to identify and report to the
Congress annually at the time of submission of the President's budget
together with the annual report provided for under section 1606(c) of
this title, beginning with submission of the President's budget for
fiscal year 1978, the amount and location by forests and States and by
productivity class, where practicable, of all lands in the National
Forest System where objectives of land management plans indicate the
need to reforest areas that have been cut-over or otherwise denuded or
deforested, and all lands with stands of trees that are not growing at
their best potential rate of growth. All national forest lands treated
from year to year shall be examined after the first and third growing
seasons and certified by the Secretary in the report provided for under
this subsection as to stocking rate, growth rate in relation to
potential and other pertinent measures. Any lands not certified as
satisfactory shall be returned to the backlog and scheduled for prompt
treatment. The level and types of treatment shall be those which secure
the most effective mix of multiple use benefits.
(2) Notwithstanding the provisions of section 1607 of this title,
the Secretary shall annually for eight years following October 22, 1976,
transmit to the Congress in the manner provided in this subsection an
estimate of the sums necessary to be appropriated, in addition to the
funds available from other sources, to replant and otherwise treat an
acreage equal to the acreage to be cut over that year, plus a sufficient
portion of the backlog of lands found to be in need of treatment to
eliminate the backlog within the eight-year period. After such eight-
year period, the Secretary shall transmit annually to the Congress an
estimate of the sums necessary to replant and otherwise treat all lands
being cut over and maintain planned timber production on all other
forested lands in the National Forest System so as to prevent the
development of a backlog of needed work larger than the needed work at
the beginning of the fiscal year. The Secretary's estimate of sums
necessary, in addition to the sums available under other authorities,
for accomplishment of the reforestation and other treatment of National
Forest System lands under this section shall be provided annually for
inclusion in the President's budget and shall also be transmitted to the
Speaker of the House and the President of the Senate together with the
annual report provided for under section 1606(c) of this title at the
time of submission of the President's budget to the Congress beginning
with the budget for fiscal year 1978. The sums estimated as necessary
for reforestation and other treatment shall include moneys needed to
secure seed, grow seedlings, prepare sites, plant trees, thin, remove
deleterious growth and underbrush, build fence to exclude livestock and
adverse wildlife from regeneration areas and otherwise establish and
improve growing forests to secure planned production of trees and other
multiple use values.
(3) Effective for the fiscal year beginning October 1, 1977, and
each fiscal year thereafter, there is hereby authorized to be
appropriated for the purpose of reforesting and treating lands in the
National Forest System $200,000,000 annually to meet requirements of
this subsection (d). All sums appropriated for the purposes of this
subsection shall be available until expended.
(e) Report on herbicides and pesticides
The Secretary shall submit an annual report to the Congress on the
amounts, types, and uses of herbicides and pesticides used in the
National Forest System, including the beneficial or adverse effects of
such uses.
(Pub. L. 93-378, Sec. 3, formerly Sec. 2, Aug. 17, 1974, 88 Stat. 476;
renumbered Sec. 3 and amended Pub. L. 94-588, Secs. 2-4, Oct. 22, 1976,
90 Stat. 2949, 2950; Pub. L. 101-624, title XXIV, Sec. 2408(a), Nov. 28,
1990, 104 Stat. 4061.)
Codification
Subsec. (b) of this section amended section 581h of this title.
Amendments
1990--Subsec. (a)(5), (6). Pub. L. 101-624 added pars. (5) and (6).
1976--Subsecs. (c) to (e). Pub. L. 94-588, Secs. 3, 4, added
subsecs. (c) to (e).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsecs.
(d)(1) and (e) of this section relating to submitting annual reports to
Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and pages 45 and
47 of House Document No. 103-7.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, related to compliance with this
subchapter and system activities requiring coordination and approval
under general authorities of this subchapter with respect to pre-
construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
Presidential Commission on State and Private Forests
Section 1245 of title XII of Pub. L. 101-624, as amended by Pub. L.
102-237, title X, Sec. 1018(b), Dec. 13, 1991, 105 Stat. 1905, provided
that:
``(a) Establishment.--The President shall establish a Commission on
State and Private Forests (hereafter in this section referred to as the
`Commission') which shall assess the status of the State and private
forest lands of the United States, the problems affecting these lands,
and the potential contribution of these lands to the renewable natural
resource needs of the United States associated with their improved
management and protection.
``(b) Composition.--The Commission shall be composed of 25 members
to be appointed by the President, including Federal, State, and local
officials, timber industry representatives, nonindustrial private forest
landowners, conservationists, and community leaders. No more than five
members shall be appointed from any one State. Not fewer than 20 members
shall be appointed by the President from nominations submitted by the
following Members of Congress:
``(1) The chairman of the Committee on Agriculture of the House
of Representatives.
``(2) The ranking minority member of the Committee on
Agriculture of the House of Representatives.
``(3) The chairman of the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
``(4) The ranking minority member of the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
``(c) Vacancy.--A vacancy on the Commission shall be filled by
appointment by the President in the manner provided in subsection (b).
``(d) Chairperson.--The Commission shall elect a chairperson from
among the members of the Commission by a majority vote.
``(e) Meetings.--The Commission shall meet at the call of the
chairperson or a majority of the members of the Commission.
``(f) Duties.--
``(1) Study.--The Commission shall conduct a study that shall
include--
``(A) an assessment using existing inventories of the
current status of the State and private forest lands of the
United States, including--
``(i) ownership status and past and future trends;
``(ii) the production of timber and nontimber resources
from such lands; and
``(iii) landowner attitudes toward the protection and
management of these lands;
``(B) a review of the problems affecting the State and
private forest lands of the United States, including--
``(i) resource losses to insects, disease, fire, and
damaging weather;
``(ii) inadequate reforestation;
``(iii) fragmentation and conversion of the forest land
base; and
``(iv) management options;
``(C) constraints on, and opportunities for, providing
multiresource outputs from forest lands;
``(D) administrative and legislative recommendations for
addressing the problems and capitalizing on the potential of
these lands for contributing to the renewable natural resource
needs of the United States.
``(2) Findings and recommendations.--On the basis of its study,
the Commission shall make findings and develop recommendations for
consideration by the President with respect to the future demands
placed on State and private forests in meeting both commodity and
noncommodity needs of the United States in anticipation of impending
changes in the management of the national forests, especially with
regard to timber harvest. This assessment should focus on the role
of State and private forest lands and help to identify means of
improving their contribution to meeting the timber and nontimber
needs of the United States.
``(3) Report.--The Commission shall submit to the President, not
later than December 1, 1992, a report containing its findings and
recommendations. The President shall submit the report to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, and
the report is authorized to be printed as a House Document.
``(g) Operations in General.--
``(1) Agency cooperation.--The heads of executive agencies, the
General Accounting Office, the Office of Technology Assessment, and
the Congressional Budget Office shall cooperate with the Commission.
``(2) Compensation.--Members of the Commission shall serve
without compensation for work on the Commission. While away from
their homes or regular places of business in the performance of
duties of the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in the
Government service under section 5703 of title 5 of the United
States Code.
``(3) Director.--To the extent there are sufficient funds
available to the Commission and subject to such rules as may be
adopted by the Commission, the Commission, without regard to the
provisions of title 5 of the United States Code governing
appointments in the competitive service and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to the classification and General Schedule pay rates,
may--
``(A) appoint and fix the compensation of a director; and
``(B) appoint and fix the compensation of such additional
personnel as the Commission determines necessary to assist it to
carry out its duties and functions.
``(4) Staff and services.--On the request of the Commission, the
heads of executive agencies, the Comptroller General, and the
Director of the Office of Technology Assessment may furnish the
Commission with such office, personnel or support services as the
head of the agency, or office, and the chairperson of the Commission
agree are necessary to assist the Commission to carry out its duties
and functions. The Commission shall not be required to pay, or
reimburse, any agency for office, personnel or support services
provided by this subsection.
``(5) Exemptions.--
``(A) FACA.--The Commission shall be exempt from sections
7(d), 10(e), 10(f), and 14 of the Federal Advisory Committee Act
(5 U.S.C. App. 1 et seq.).
``(B) Title 5.--The Commission shall be exempt from the
requirements of sections 4301 through 4305 of title 5 of the
United States Code.
``(h) Authorization of Appropriations and Spending Authority.--
``(1) Authorization of appropriations.--There is authorized to
be appropriated such sums as are necessary to implement this
section.
``(2) Spending authority.--Any spending authority (as defined in
section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651])
provided in this title [see Short Title of 1990 Amendment note set
out under section 2101 of this title] shall be effective for any
fiscal year only to such extent or in such amounts as are provided
in appropriation Acts.
``(i) Termination.--The Presidential Commission on State and Private
Forests shall cease to exist 90 days following the submission of its
report to the President.''
Section Referred to in Other Sections
This section is referred to in sections 1606, 1606a, 1642, 1674,
1675, 2105 of this title; title 7 section 3121.
