§ 1606a. — Reforestation Trust Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1606a]
TITLE 16--CONSERVATION
CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
SUBCHAPTER I--PLANNING
Sec. 1606a. Reforestation Trust Fund
(a) Establishment; source of funds
There is established in the Treasury of the United States a trust
fund, to be known as the Reforestation Trust Fund (hereinafter in this
section referred to as the ``Trust Fund''), consisting of such amounts
as are transferred to the Trust Fund under subsection (b)(1) of this
section and any interest earned on investment of amounts in the Trust
Fund under subsection (c)(2) of this section.
(b) Transfer of certain tariff receipts to Trust Fund; fiscal year
limitation; quarterly transfers; adjustment of estimates
(1) Subject to the limitation in paragraph (2), the Secretary of the
Treasury shall transfer to the Trust Fund an amount equal to the sum of
the tariffs received in the Treasury after January 1, 1989, under
headings 4401 through 4412 and subheadings 4418.50.00, 4418.90.20,
4420.10.00, 4420.90.80, 4421.90.10 through 4421.90.20, and 4421.90.70 of
chapter 44, subheadings 6808.00.00 and 6809.11.00 of chapter 68 and
subheading 9614.10.00 of chapter 96 of the Harmonized Tariff Schedule of
the United States.
(2) The Secretary shall not transfer more than $30,000,000 to the
Trust Fund for any fiscal year.
(3) The amounts required to be transferred to the Trust Fund under
paragraph (1) shall be transferred at least quarterly from the general
fund of the Treasury to the Trust Fund on the basis of estimates made by
the Secretary of the Treasury. Proper adjustment shall be made in the
amounts subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(c) Report to Congress; printing as House and Senate document;
investments; sale and redemption of obligations; credits for
Trust Fund
(1) It shall be the duty of the Secretary of the Treasury to hold
the Trust Fund, and (after consultation with the Secretary of
Agriculture) to report to the Congress each year on the financial
condition and the results of the operations of the Trust Fund during the
preceding fiscal year and on its expected condition and operations
during the next fiscal year. Such report shall be printed as both a
House and Senate document of the session of the Congress to which the
report is made.
(2)(A) It shall be the duty of the Secretary of the Treasury to
invest such portion of the Trust Fund as is not, in his judgment,
required to meet current withdrawals. Such investments may be made only
in interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United States. For
such purpose, such obligations may be acquired (i) on original issue at
the issue price, or (ii) by purchase of outstanding obligations at the
market price. The purposes for which obligations of the United States
may be issued under chapter 31 of title 31 are hereby extended to
authorize the issuance at par of special obligations exclusively to the
Trust Fund. Such special obligations shall bear interest at a rate equal
to the average rate of interest, computed as to the end of the calendar
month next preceding the date of such issue, borne by all marketable
interest-bearing obligations of the United States then forming a part of
the Public Debt; except that where such average rate is not a multiple
of one-eighth of 1 percent, the rate of interest of such special
obligations shall be the multiple of one-eighth of 1 percent next lower
than such average rate. Such special obligations shall be issued only if
the Secretary of the Treasury determines that the purchase of other
interest-bearing obligations of the United States, or of obligations
guaranteed as to both principal and interest by the United States on
original issue or at the market price, is not in the public interest.
(B) Any obligation acquired by the Trust Fund (except special
obligations issued exclusively to the Trust Fund) may be sold by the
Secretary of the Treasury at the market price, and such special
obligations may be redeemed at par plus accrued interest.
(C) The interest on, and the proceeds from the sale or redemption
of, any obligations held in Trust Fund shall be credited to and form a
part of the Trust Fund.
(d) Obligations from Trust Fund
The Secretary of Agriculture is on and after December 19, 1985,
authorized to obligate such sums as are available in the Trust Fund
(including any amounts not obligated in previous fiscal years) for--
(1) reforestation and timber stand improvement as specified in
section 1601(d) of this title and other forest stand improvement
activities to enhance forest health and reduce hazardous fuel loads
of forest stands in the National Forest System; and
(2) properly allocable administrative costs of the Federal
Government for the activities specified above.
(Pub. L. 96-451, title III, Sec. 303, Oct. 14, 1980, 94 Stat. 1991; Pub.
L. 97-424, title IV, Sec. 422, Jan. 6, 1983, 96 Stat. 2164; Pub. L. 99-
190, Sec. 101(d) [title II, Sec. 201], Dec. 19, 1985, 99 Stat. 1224,
1245; Pub. L. 100-418, title I, Sec. 1214(r), Aug. 23, 1988, 102 Stat.
1160; Pub. L. 105-83, title III, Sec. 322, Nov. 14, 1997, 111 Stat.
1596.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (b)(1), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title 19,
Customs Duties.
Codification
Section was not enacted as part of the Forest and Rangeland
Renewable Resources Planning Act of 1974 which comprises this
subchapter.
In subsec. (c)(2)(A), ``chapter 31 of title 31'' substituted for
``the Second Liberty Bond Act, as amended'' on authority of Pub. L. 97-
258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
Amendments
1997--Subsec. (d)(1). Pub. L. 105-83 inserted before semicolon ``and
other forest stand improvement activities to enhance forest health and
reduce hazardous fuel loads of forest stands in the National Forest
System''.
1988--Subsec. (b)(1). Pub. L. 100-418 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ``Subject to the
limitation in paragraph (2), the Secretary of the Treasury shall
transfer to the Trust Fund an amount equal to the sum of the tariffs
received in the Treasury after September 30, 1979, under subparts A and
B of part 1 of schedule 2 of the Tariff Schedules of the United States
(19 U.S.C. 1202) and under part 3 of such schedule.''
1985--Subsec. (d). Pub. L. 99-190 amended subsec. (d) generally,
substituting provisions authorizing the Secretary to obligate available
sums in the Trust Fund, for provisions requiring the Secretary to expend
all available amounts in each of fiscal years 1983, 1984, and 1985.
Subsec. (e). Pub. L. 99-190 struck out subsec. (e) which related to
sense of Congress with respect to disposition of unexpended funds.
1983--Subsec. (b)(1). Pub. L. 97-424, Sec. 422(b), struck out ``and
before October 1, 1985,'' after ``September 30, 1979''.
Subsec. (d). Pub. L. 97-424, Sec. 422(a), substituted provisions
relating to fiscal years 1983 through 1985 for provision that directed
that for each of the first 5 fiscal years beginning after Sept. 30,
1980, there was authorized after that date to be appropriated to the
Secretary of Agriculture, out of any amounts in the Trust Fund, an
amount equal to the sum of the amount by which the sum estimated by the
Secretary of Agriculture for the fiscal year under section 1601(d)(2) of
this title to be necessary for reforestation and other treatment of
acreage, as set forth in the report transmitted by the Secretary to the
Congress under that section for the fiscal year, exceeded the sum of the
amounts appropriated for the fiscal year under the authorization
contained in section 1601(d)(3) of this title and under any other
provision of law to carry out the same purpose; and such sums as were
determined by the Secretary of Agriculture to be properly allocable to
administrative costs of the Federal Government incurred for the fiscal
year in connection with the reforestation program carried out under this
chapter.
Subsec. (e). Pub. L. 97-424, Sec. 422(a), substituted provision that
it is the intent of Congress that the Secretary expend all of the funds
available in the Trust Fund in each fiscal year and that any such funds
which are not expended in a given fiscal year remain available for
expenditure without fiscal year limitation; except that any funds not
expended prior to Oct. 1, 1985, shall, no later than Apr. 30, 1986, be
distributed to the States for use in State forestry programs pursuant to
the formula set forth in section 500 of this title for provision that
the Secretary of the Treasury pay into the general fund of the Treasury
any amounts, including interest earned on such amounts, remaining in the
Trust Fund after Sept. 30, 1985, which were not expended and remained in
the Trust Fund.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c)(1) of this section relating to reporting to Congress each year, 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 page 143 of House
Document No. 103-7.
