§ 1611. — Timber.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1611]
TITLE 16--CONSERVATION
CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
SUBCHAPTER I--PLANNING
Sec. 1611. Timber
(a) Limitations on removal; variations in allowable sale quantity;
public participation
The Secretary of Agriculture shall limit the sale of timber from
each national forest to a quantity equal to or less than a quantity
which can be removed from such forest annually in perpetuity on a
sustained-yield basis: Provided, That, in order to meet overall
multiple-use objectives, the Secretary may establish an allowable sale
quantity for any decade which departs from the projected long-term
average sale quantity that would otherwise be established: Provided
further, That any such planned departure must be consistent with the
multiple-use management objectives of the land management plan. Plans
for variations in the allowable sale quantity must be made with public
participation as required by section 1604(d) of this title. In addition,
within any decade, the Secretary may sell a quantity in excess of the
annual allowable sale quantity established pursuant to this section in
the case of any national forest so long as the average sale quantities
of timber from such national forest over the decade covered by the plan
do not exceed such quantity limitation. In those cases where a forest
has less than two hundred thousand acres of commercial forest land, the
Secretary may use two or more forests for purposes of determining the
sustained yield.
(b) Salvage harvesting
Nothing in subsection (a) of this section shall prohibit 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. The
Secretary may either substitute such timber for timber that would
otherwise be sold under the plan or, if not feasible, sell such timber
over and above the plan volume.
(Pub. L. 93-378, Sec. 13, as added Pub. L. 94-588, Sec. 11, Oct. 22,
1976, 90 Stat. 2957.)
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,
see note set out under section 1601 of this title.
Timber Sales Pipeline Restoration Fund
Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 327], Apr.
26, 1996, 110 Stat. 1321-156, 1321-206; renumbered title I, Pub. L. 104-
140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that:
``(a) The Secretary of Agriculture and the Secretary of the Interior
shall each establish a Timber Sales Pipeline Restoration Fund
(hereinafter `Agriculture Fund' and `Interior Fund' or `Funds'). Any
revenues received from sales released under section 2001(k) of the
fiscal year 1995 Supplemental Appropriations for Disaster Assistance and
Rescissions Act [probably means section 2001(k) of Pub. L. 104-19, set
out below], minus the funds necessary to make payments to States or
local governments under other law concerning the distribution of
revenues derived from the affected lands, which are in excess of
$37,500,000 (hereinafter `excess revenues') shall be deposited into the
Funds. The distribution of excess revenues between the Agriculture Fund
and Interior Fund shall be calculated by multiplying the total of excess
revenues times a fraction with a denominator of the total revenues
received from all sales released under such section 2001(k) and
numerators of the total revenues received from such sales on lands
within the National Forest System and the total revenues received from
such sales on lands administered by the Bureau of Land Management,
respectively: Provided, That revenues or portions thereof from sales
released under such section 2001(k), minus the amounts necessary for
State and local government payments and other necessary deposits, may be
deposited into the Funds immediately upon receipt thereof and
subsequently redistributed between the Funds or paid into the United
States Treasury as miscellaneous receipts as may be required when the
calculation of excess revenues is made.
``(b)(1) From the funds deposited into the Agriculture Fund and into
the Interior Fund pursuant to subsection (a)--
``(A) seventy-five percent shall be available, without fiscal
year limitation or further appropriation, for preparation of timber
sales, other than salvage sales as defined in section 2001(a)(3) of
the fiscal year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act [probably means section 2001(a)(3) of
Pub. L. 104-19, set out below], which--
``(i) are situated on lands within the National Forest
System and lands administered by the Bureau of Land Management,
respectively; and
``(ii) are in addition to timber sales for which funds are
otherwise available in this Act or other appropriations Acts;
and
``(B) twenty-five percent shall be available, without fiscal
year limitation or further appropriation, to expend on the backlog
of recreation projects on lands within the National Forest System
and lands administered by the Bureau of Land Management,
respectively.
``(2) Expenditures under this subsection for preparation of timber
sales may include expenditures for Forest Service activities within the
forest land management budget line item and associated timber roads, and
Bureau of Land Management activities within the Oregon and California
grant lands account and the forestry management area account, as
determined by the Secretary concerned.
``(c) Revenues received from any timber sale prepared under
subsection (b) or under this subsection, minus the amounts necessary for
State and local government payments and other necessary deposits, shall
be deposited into the Fund from which funds were expended on such sale.
Such deposited revenues shall be available for preparation of additional
timber sales and completion of additional recreation projects in
accordance with the requirements set forth in subsection (b).
``(d) The Secretary concerned shall terminate all payments into the
Agriculture Fund or the Interior Fund, and pay any unobligated funds in
the affected Fund into the United States Treasury as miscellaneous
receipts, whenever the Secretary concerned makes a finding, published in
the Federal Register, that sales sufficient to achieve the total
allowable sales quantity of the National Forest System for the Forest
Service or the allowable sales level for the Oregon and California grant
lands for the Bureau of Land Management, respectively, have been
prepared.
``(e) Any timber sales prepared and recreation projects completed
under this section shall comply with all applicable environmental and
natural resource laws and regulations.
``(f) The Secretary concerned shall report annually to the
Committees on Appropriations of the United States Senate and the House
of Representatives on expenditures made from the Fund for timber sales
and recreation projects, revenues received into the Fund from timber
sales, and timber sale preparation and recreation project work
undertaken during the previous year and projected for the next year
under the Fund. Such information shall be provided for each Forest
Service region and Bureau of Land Management State office.
``(g) The authority of this section shall terminate upon the
termination of both Funds in accordance with the provisions of
subsection (d).''
Emergency Salvage Timber Sale Program
Pub. L. 104-19, title II, Sec. 2001, July 27, 1995, 109 Stat. 240,
as amended by Pub. L. 104-134, title I, Sec. 101(c) [title III,
Sec. 316], Apr. 26, 1996, 110 Stat. 1321-156, 1321-202; renumbered title
I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided
that:
``(a) Definitions.--For purposes of this section:
``(1) The term `appropriate committees of Congress' means the
Committee on Resources, the Committee on Agriculture, and the
Committee on Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources, the Committee on
Agriculture, Nutrition, and Forestry, and the Committee on
Appropriations of the Senate.
``(2) The term `emergency period' means the period beginning on
the date of the enactment of this section [July 27, 1995] and ending
on December 31, 1996.
``(3) The term `salvage timber sale' means a timber sale for
which an important reason for entry includes the removal of disease-
or insect-infested trees, dead, damaged, or down trees, or trees
affected by fire or imminently susceptible to fire or insect attack.
Such term also includes the removal of associated trees or trees
lacking the characteristics of a healthy and viable ecosystem for
the purpose of ecosystem improvement or rehabilitation, except that
any such sale must include an identifiable salvage component of
trees described in the first sentence.
``(4) The term `Secretary concerned' means--
``(A) the Secretary of Agriculture, with respect to lands
within the National Forest System; and
``(B) the Secretary of the Interior, with respect to Federal
lands under the jurisdiction of the Bureau of Land Management.
``(b) Completion of Salvage Timber Sales.--
``(1) Salvage timber sales.--Using the expedited procedures
provided in subsection (c), the Secretary concerned shall prepare,
advertise, offer, and award contracts during the emergency period
for salvage timber sales from Federal lands described in subsection
(a)(4). During the emergency period, the Secretary concerned is to
achieve, to the maximum extent feasible, a salvage timber sale
volume level above the programmed level to reduce the backlogged
volume of salvage timber. The preparation, advertisement, offering,
and awarding of such contracts shall be performed utilizing
subsection (c) and notwithstanding any other provision of law,
including a law under the authority of which any judicial order may
be outstanding on or after the date of the enactment of this Act
[July 27, 1995].
``(2) Use of salvage sale funds.--To conduct salvage timber
sales under this subsection, the Secretary concerned may use salvage
sale funds otherwise available to the Secretary concerned.
``(3) Sales in preparation.--Any salvage timber sale in
preparation on the date of the enactment of this Act shall be
subject to the provisions of this section.
``(c) Expedited Procedures for Emergency Salvage Timber Sales.--
``(1) Sale documentation.--
``(A) Preparation.--For each salvage timber sale conducted
under subsection (b), the Secretary concerned shall prepare a
document that combines an environmental assessment under section
102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)) (including regulations implementing such
section) and a biological evaluation under section 7(a)(2) of
the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) and
other applicable Federal law and implementing regulations. A
document embodying decisions relating to salvage timber sales
proposed under authority of this section shall, at the sole
discretion of the Secretary concerned and to the extent the
Secretary concerned considers appropriate and feasible, consider
the environmental effects of the salvage timber sale and the
effect, if any, on threatened or endangered species, and to the
extent the Secretary concerned, at his sole discretion,
considers appropriate and feasible, be consistent with any
standards and guidelines from the management plans applicable to
the National Forest or Bureau of Land Management District on
which the salvage timber sale occurs.
``(B) Use of existing materials.--In lieu of preparing a new
document under this paragraph, the Secretary concerned may use a
document prepared pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) before the date of the
enactment of this Act [July 27, 1995], a biological evaluation
written before such date, or information collected for such a
document or evaluation if the document, evaluation, or
information applies to the Federal lands covered by the proposed
sale.
``(C) Scope and content.--The scope and content of the
documentation and information prepared, considered, and relied
on under this paragraph is at the sole discretion of the
Secretary concerned.
``(2) Reporting requirements.--Not later than August 30, 1995,
the Secretary concerned shall submit a report to the appropriate
committees of Congress on the implementation of this section. The
report shall be updated and resubmitted to the appropriate
committees of Congress every six months thereafter until the
completion of all salvage timber sales conducted under subsection
(b). Each report shall contain the following:
``(A) The volume of salvage timber sales sold and harvested,
as of the date of the report, for each National Forest and each
district of the Bureau of Land Management.
``(B) The available salvage volume contained in each
National Forest and each district of the Bureau of Land
Management.
``(C) A plan and schedule for an enhanced salvage timber
sale program for fiscal years 1995, 1996, and 1997 using the
authority provided by this section for salvage timber sales.
``(D) A description of any needed resources and personnel,
including personnel reassignments, required to conduct an
enhanced salvage timber sale program through fiscal year 1997.
``(E) A statement of the intentions of the Secretary
concerned with respect to the salvage timber sale volume levels
specified in the joint explanatory statement of managers
accompanying the conference report on H.R. 1158, House Report
104-124.
``(3) Advancement of sales authorized.--The Secretary concerned
may begin salvage timber sales under subsection (b) intended for a
subsequent fiscal year before the start of such fiscal year if the
Secretary concerned determines that performance of such salvage
timber sales will not interfere with salvage timber sales intended
for a preceding fiscal year.
``(4) Decisions.--The Secretary concerned shall design and
select the specific salvage timber sales to be offered under
subsection (b) on the basis of the analysis contained in the
document or documents prepared pursuant to paragraph (1) to achieve,
to the maximum extent feasible, a salvage timber sale volume level
above the program level.
``(5) Sale preparation.--
``(A) Use of available authorities.--The Secretary concerned
shall make use of all available authority, including the
employment of private contractors and the use of expedited fire
contracting procedures, to prepare and advertise salvage timber
sales under subsection (b).
``(B) Exemptions.--The preparation, solicitation, and award
of salvage timber sales under subsection (b) shall be exempt
from--
``(i) the requirements of the Competition in Contracting
Act [of 1984] (41 U.S.C. 253 et seq.) and the implementing
regulations in the Federal Acquisition Regulation issued
pursuant to section 25(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(c)) and any
departmental acquisition regulations; and
``(ii) the notice and publication requirements in
section 18 of such Act (41 U.S.C. 416) and [section] 8(e) of
the Small Business Act (15 U.S.C. 637(e)) and the
implementing regulations in the Federal Acquisition
Regulations and any departmental acquisition regulations.
``(C) Incentive payment recipients; report.--The provisions
of section 3(d)(1) of the Federal Workforce Restructuring Act of
1994 (Public Law 103-226; 5 U.S.C. 5597 note) shall not apply to
any former employee of the Secretary concerned who received a
voluntary separation incentive payment authorized by such Act
[Pub. L. 103-226, see Short Title of 1994 Amendment note set out
under section 2101 of Title 5, Government Organization and
Employees] and accepts employment pursuant to this paragraph.
The Director of the Office of Personnel Management and the
Secretary concerned shall provide a summary report to the
appropriate committees of Congress, the Committee on Government
Reform and Oversight [now Committee on Government Reform] of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate regarding the number of incentive payment
recipients who were rehired, their terms of reemployment, their
job classifications, and an explanation, in the judgment of the
agencies involved of how such reemployment without repayment of
the incentive payments received is consistent with the original
waiver provisions of such Act. This report shall not be
conducted in a manner that would delay the rehiring of any
former employees under this paragraph, or affect the normal
confidentiality of Federal employees.
``(6) Cost considerations.--Salvage timber sales undertaken
pursuant to this section shall not be precluded because the costs of
such activities are likely to exceed the revenues derived from such
activities.
``(7) Effect of salvage sales.--The Secretary concerned shall
not substitute salvage timber sales conducted under subsection (b)
for planned non-salvage timber sales.
``(8) Reforestation of salvage timber sale parcels.--The
Secretary concerned shall plan and implement reforestation of each
parcel of land harvested under a salvage timber sale conducted under
subsection (b) as expeditiously as possible after completion of the
harvest on the parcel, but in no case later than any applicable
restocking period required by law or regulation.
``(9) Effect on judicial decisions.--The Secretary concerned may
conduct salvage timber sales under subsection (b) notwithstanding
any decision, restraining order, or injunction issued by a United
States court before the date of the enactment of this section [July
27, 1995].
``(d) Direction To Complete Timber Sales on Lands Covered by Option
9.--Notwithstanding any other law (including a law under the authority
of which any judicial order may be outstanding on or after the date of
enactment of this Act [July 27, 1995]), the Secretary concerned shall
expeditiously prepare, offer, and award timber sale contracts on Federal
lands described in the `Record of Decision for Amendments to Forest
Service and Bureau of Land Management Planning Documents Within the
Range of the Northern Spotted Owl', signed by the Secretary of the
Interior and the Secretary of Agriculture on April 13, 1994. The
Secretary concerned may conduct timber sales under this subsection
notwithstanding any decision, restraining order, or injunction issued by
a United States court before the date of the enactment of this section.
The issuance of any regulation pursuant to section 4(d) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(d)) to ease or reduce
restrictions on non-Federal lands within the range of the northern
spotted owl shall be deemed to satisfy the requirements of section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), given the analysis included in the Final Supplemental
Impact Statement on the Management of the Habitat for Late Successional
and Old Growth Forest Related Species Within the Range of the Northern
Spotted Owl, prepared by the Secretary of Agriculture and the Secretary
of the Interior in 1994, which is, or may be, incorporated by reference
in the administrative record of any such regulation. The issuance of any
such regulation pursuant to section 4(d) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(d)) shall not require the preparation of an
environmental impact statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(e) Administrative Review.--Salvage timber sales conducted under
subsection (b), timber sales conducted under subsection (d), and any
decision of the Secretary concerned in connection with such sales, shall
not be subject to administrative review.
``(f) Judicial Review.--
``(1) Place and time of filing.--A salvage timber sale to be
conducted under subsection (b), and a timber sale to be conducted
under subsection (d), shall be subject to judicial review only in
the United States district court for the district in which the
affected Federal lands are located. Any challenge to such sale must
be filed in such district court within 15 days after the date of
initial advertisement of the challenged sale. The Secretary
concerned may not agree to, and a court may not grant, a waiver of
the requirements of this paragraph.
``(2) Effect of filing on agency action.--For 45 days after the
date of the filing of a challenge to a salvage timber sale to be
conducted under subsection (b) or a timber sale to be conducted
under subsection (d), the Secretary concerned shall take no action
to award the challenged sale.
``(3) Prohibition on restraining orders, preliminary
injunctions, and relief pending review.--No restraining order,
preliminary injunction, or injunction pending appeal shall be issued
by any court of the United States with respect to any decision to
prepare, advertise, offer, award, or operate a salvage timber sale
pursuant to subsection (b) or any decision to prepare, advertise,
offer, award, or operate a timber sale pursuant to subsection (d).
Section 705 of title 5, United States Code, shall not apply to any
challenge to such a sale.
``(4) Standard of review.--The courts shall have authority to
enjoin permanently, order modification of, or void an individual
salvage timber sale if it is determined by a review of the record
that the decision to prepare, advertise, offer, award, or operate
such sale was arbitrary and capricious or otherwise not in
accordance with applicable law (other than those laws specified in
subsection (i)).
``(5) Time for decision.--Civil actions filed under this
subsection shall be assigned for hearing at the earliest possible
date. The court shall render its final decision relative to any
challenge within 45 days from the date such challenge is brought,
unless the court determines that a longer period of time is required
to satisfy the requirement of the United States Constitution. In
order to reach a decision within 45 days, the district court may
assign all or part of any such case or cases to one or more Special
Masters, for prompt review and recommendations to the court.
``(6) Procedures.--Notwithstanding any other provision of law,
the court may set rules governing the procedures of any proceeding
brought under this subsection which set page limits on briefs and
time limits on filing briefs and motions and other actions which are
shorter than the limits specified in the Federal rules of civil or
appellate procedure.
``(7) Appeal.--Any appeal from the final decision of a district
court in an action brought pursuant to this subsection shall be
filed not later than 30 days after the date of decision.
``(g) Exclusion of Certain Federal Lands.--
``(1) Exclusion.--The Secretary concerned may not select,
authorize, or undertake any salvage timber sale under subsection (b)
with respect to lands described in paragraph (2).
``(2) Description of excluded lands.--The lands referred to in
paragraph (1) are as follows:
``(A) Any area on Federal lands included in the National
Wilderness Preservation System.
``(B) Any roadless area on Federal lands designated by
Congress for wilderness study in Colorado or Montana.
``(C) Any roadless area on Federal lands recommended by the
Forest Service or Bureau of Land Management for wilderness
designation in its most recent land management plan in effect as
of the date of the enactment of this Act [July 27, 1995].
``(D) Any area on Federal lands on which timber harvesting
for any purpose is prohibited by statute.
``(h) Rulemaking.--The Secretary concerned is not required to issue
formal rules under section 553 of title 5, United States Code, to
implement this section or carry out the authorities provided by this
section.
``(i) Effect on Other Laws.--The documents and procedures required
by this section for the preparation, advertisement, offering, awarding,
and operation of any salvage timber sale subject to subsection (b) and
any timber sale under subsection (d) shall be deemed to satisfy the
requirements of the following applicable Federal laws (and regulations
implementing such laws):
``(1) The Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1600 et seq.).
``(2) The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
``(3) The National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(4) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
``(5) The National Forest Management Act of 1976 (16 U.S.C. 472a
et seq.) [Pub. L. 94-588, see Short Title of 1976 Amendment note set
out under section 1600 of this title].
``(6) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528 et seq.).
``(7) Any compact, executive agreement, convention, treaty, and
international agreement, and implementing legislation related
thereto.
``(8) All other applicable Federal environmental and natural
resource laws.
``(j) Expiration Date.--The authority provided by subsections (b)
and (d) shall expire on December 31, 1996. The terms and conditions of
this section shall continue in effect with respect to salvage timber
sale contracts offered under subsection (b) and timber sale contracts
offered under subsection (d) until the completion of performance of the
contracts.
``(k) Award and Release of Previously Offered and Unawarded Timber
Sale Contracts.--
``(1) Award and release required.--Notwithstanding any other
provision of law, within 45 days after the date of the enactment of
this Act [July 27, 1995], the Secretary concerned shall act to
award, release, and permit to be completed in fiscal years 1995 and
1996, with no change in originally advertised terms, volumes, and
bid prices, all timber sale contracts offered or awarded before that
date in any unit of the National Forest System or district of the
Bureau of Land Management subject to section 318 of Public Law 101-
121 (103 Stat. 745). The return of the bid bond of the high bidder
shall not alter the responsibility of the Secretary concerned to
comply with this paragraph.
``(2) Threatened or endangered bird species.--No sale unit shall
be released or completed under this subsection if any threatened or
endangered bird species is known to be nesting within the acreage
that is the subject of the sale unit.
``(3) Alternative offer in case of delay.--If for any reason a
sale cannot be released and completed under the terms of this
subsection within 45 days after the date of the enactment of this
Act, the Secretary concerned shall provide the purchaser an equal
volume of timber, of like kind and value, which shall be subject to
the terms of the original contract and shall not count against
current allowable sale quantities.
``(l) Effect on Plans, Policies, and Activities.--Compliance with
this section shall not require or permit any administrative action,
including revisions, amendment, consultation, supplementation, or other
action, in or for any land management plan, standard, guideline, policy,
regional guide, or multiforest plan because of implementation or
impacts, site-specific or cumulative, of activities authorized or
required by this section, except that any such administrative action
with respect to salvage timber sales is permitted to the extent
necessary, at the sole discretion of the Secretary concerned, to meet
the salvage timber sale goal specified in subsection (b)(1) of this
section or to reflect the effects of the salvage program. The Secretary
concerned shall not rely on salvage timber sales as the basis for
administrative action limiting other multiple use activities nor be
required to offer a particular salvage timber sale. No project decision
shall be required to be halted or delayed by such documents or guidance,
implementation, or impacts.''
