§ 1642. — Investigations, experiments, tests, and other activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1642]
TITLE 16--CONSERVATION
CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
SUBCHAPTER II--RESEARCH
Sec. 1642. Investigations, experiments, tests, and other
activities
(a) Authorization; scope and purposes of activities
The Secretary is authorized to conduct, support, and cooperate in
investigations, experiments, tests, and other activities the Secretary
deems necessary to obtain, analyze, develop, demonstrate, and
disseminate scientific information about protecting, managing, and
utilizing forest and rangeland renewable resources in rural, suburban,
and urban areas. The activities conducted, supported, or cooperated in
by the Secretary under this subchapter shall include, but not be limited
to, the five major areas of renewable resource research identified in
paragraphs (1) through (5) of this subsection.
(1) Renewable resource management research shall include, as
appropriate, research activities related to managing, reproducing,
planting, and growing vegetation on forests and rangelands for
timber, forage, water, fish and wildlife, esthetics, recreation,
wilderness, energy production, activities related to energy
conservation, and other purposes, including activities for
encouraging improved reforestation of forest lands from which timber
has been harvested; determining the role of forest and rangeland
management in the productive use of forests and rangelands, in
diversified agriculture, and in mining, transportation, and other
industries; and developing alternatives for the management of
forests and rangelands that will make possible the most effective
use of their multiple products and services.
(2) Renewable resource environmental research shall include, as
appropriate, research activities related to understanding and
managing surface and subsurface water flow, preventing and
controlling erosion, and restoring damaged or disturbed soils on
forest and rangeland watersheds; maintaining and improving wildlife
and fish habitats; managing vegetation to reduce air and water
pollution, provide amenities, and for other purposes; and
understanding, predicting, and modifying weather, climatic, and
other environmental conditions that affect the protection and
management of forests and rangelands.
(3) Renewable resource protection research shall include, as
appropriate, research activities related to protecting vegetation
and other forest and rangeland resources, including threatened and
endangered flora and fauna, as well as wood and wood products in
storage or use, from fires, insects, diseases, noxious plants,
animals, air pollutants, and other agents through biological,
chemical, and mechanical control methods and systems; and protecting
people, natural resources, and property from fires in rural areas.
(4) Renewable resource utilization research shall include, as
appropriate, research activities related to harvesting,
transporting, processing, marketing, distributing, and utilizing
wood and other materials derived from forest and rangeland renewable
resources; recycling and fully utilizing wood fiber; producing and
conserving energy; and testing forest products, including necessary
fieldwork associated therewith.
(5) Renewable resource assessment research shall include, as
appropriate, research activities related to developing and applying
scientific knowledge and technology in support of the survey and
analysis of forest and rangeland renewable resources described in
subsection (b) of this section.
(b) Development of periodic Renewable Resource Assessment through survey
and analysis of conditions; implementation; authorization of
appropriations
(1) To ensure the availability of adequate data and scientific
information for development of the periodic Renewable Resource
Assessment provided for in section 1601 of this title, the Secretary of
Agriculture shall make and keep current a comprehensive survey and
analysis of the present and prospective conditions of and requirements
for renewable resources of the forests and rangelands of the United
States and of the supplies of such renewable resources, including a
determination of the present and potential productivity of the land, and
of such other facts as may be necessary and useful in the determination
of ways and means needed to balance the demand for and supply of these
renewable resources, benefits, and uses in meeting the needs of the
people of the United States. The Secretary shall conduct the survey and
analysis under such plans as the Secretary may determine to be fair and
equitable, and cooperate with appropriate officials of each State and,
either through them or directly, with private or other entities.
(2) In implementing this subsection, the Secretary is authorized to
develop and implement improved methods of survey and analysis of forest
inventory information, for which purposes there are hereby authorized to
be appropriated annually $10,000,000.
(c) Program of research and study relative to health and productivity of
domestic forest ecosystems; advisory committee; reports
(1) The Secretary, acting through the United States Forest Service,
shall establish not later than 180 days after October 24, 1988, a 10-
year program (hereinafter in this subsection referred to as the
``Program'') to--
(A) increase the frequency of forest inventories in matters that
relate to atmospheric pollution and conduct such surveys as are
necessary to monitor long-term trends in the health and productivity
of domestic forest ecosystems;
(B) determine the scope of the decline in the health and
productivity of domestic forest ecosystems;
(C) accelerate and expand existing research efforts (including
basic forest ecosystem research) to evaluate the effects of
atmospheric pollutants on forest ecosystems and their role in the
decline in domestic forest health and productivity;
(D) study the relationship between atmospheric pollution and
other climatological, chemical, physical, and biological factors
that may affect the health and productivity of domestic forest
ecosystems;
(E) develop recommendations for solving or mitigating problems
related to the effects of atmospheric pollution on the health and
productivity of domestic forest ecosystems;
(F) foster cooperation among Federal, State, and private
researchers and encourage the exchange of scientific information on
the effects of atmospheric pollutants on forest ecosystems among the
United States, Canada, European nations, and other nations;
(G) support the long-term funding of research programs and
related efforts to determine the causes of declines in the health
and productivity of domestic forest ecosystems and the effects of
atmospheric pollutants on the health and productivity of domestic
forest ecosystems; and
(H) enlarge the Eastern Hardwood Cooperative by devoting
additional resources to field analysis of the response of hardwood
species to atmospheric pollution, and other factors that may affect
the health and productivity of these ecosystems.
(2) The Secretary shall establish a committee to advise the
Secretary in developing and carrying out the Program, which shall be
composed of scientists with training and experience in various
disciplines, including atmospheric, ecological, and biological sciences.
Such scientists shall be selected from among individuals who are
actively performing research for Federal or State agencies or for
private industries, institutions, or organizations.
(3) The Secretary shall coordinate the Program with existing
research efforts of Federal and State agencies and private industries,
institutions, or organizations.
(4) The Secretary shall submit to the President and to Congress the
following reports:
(A) Not less than 30 days before establishing the Program, the
Secretary shall submit an initial program report--
(i) discussing existing information about declining health
and productivity of forest ecosystems on public and private
lands in North America and Europe;
(ii) outlining the findings and status of all current
research and monitoring efforts in North America and Europe on
the causes and effects of atmospheric pollution on the health
and productivity of forest ecosystems;
(iii) describing the Program; and
(iv) estimating the cost of implementing the Program for
each fiscal year of its duration.
(B) Not later than January 15, 1990, and January 15 of each year
thereafter, during which the Program is in operation following the
year in which the initial program report is submitted, the Secretary
shall submit an annual report--
(i) updating information about declining health and
productivity of forest ecosystems on public and private lands in
North America and Europe;
(ii) updating the findings and status of all current
research and monitoring efforts in North America and Europe on
the causes and effects of atmospheric pollution on the health
and productivity of forest ecosystems, including efforts
conducted under the Program;
(iii) recommending additional research and monitoring
efforts to be undertaken under the Program to determine the
effects of atmospheric pollution on the health and productivity
of domestic forest ecosystems; and
(iv) recommending methods for solving or mitigating problems
stemming from the effects of atmospheric pollution on the health
and productivity of domestic forest ecosystems.
(C) Not later than 10 years after the date on which the initial
program report is submitted, the Secretary shall submit a final
report--
(i) reviewing existing information about declining health
and productivity of forest ecosystems on public and private
lands in North America and Europe;
(ii) reviewing the nature and findings of all research and
monitoring efforts conducted under the Program and any other
relevant research and monitoring efforts related to the effects
of atmospheric pollution on forest ecosystem; and
(iii) making final recommendations for solving or mitigating
problems stemming from the effects of atmospheric pollution on
the health and productivity of domestic forest ecosystems.
(d) High priority forestry and rangeland research and education
(1) In general
The Secretary may conduct, support, and cooperate in forestry
and rangeland research and education that is of the highest priority
to the United States and to users of public and private forest land
and rangeland in the United States.
(2) Priorities
The research and education priorities include the following:
(A) The biology of forest organisms and rangeland organisms.
(B) Functional characteristics and cost-effective management
of forest and rangeland ecosystems.
(C) Interactions between humans and forests and rangeland.
(D) Wood and forage as a raw material.
(E) International trade, competition, and cooperation.
(3) Northeastern States research cooperative
At the request of the Governor of the State of Maine, New
Hampshire, New York, or Vermont, the Secretary may cooperate with
the northeastern States of New Hampshire, New York, Maine, and
Vermont, land-grant colleges and universities of those States,
natural resources and forestry schools of those States, other
Federal agencies, and other interested persons in those States to
coordinate and improve ecological and economic research relating to
agricultural research, extension, and education, including--
(A) research on ecosystem health, forest management, product
development, economics, and related fields;
(B) research to assist those States and landowners in those
States to achieve sustainable forest management;
(C) technology transfer to the wood products industry of
technologies that promote efficient processing, pollution
prevention, and energy conservation;
(D) dissemination of existing and new information to
landowners, public and private resource managers, State forest
citizen advisory committees, and the general public through
professional associations, publications, and other information
clearinghouse activities; and
(E) analysis of strategies for the protection of areas of
outstanding ecological significance or high biological
diversity, and strategies for the provision of important
recreational opportunities and traditional uses, including
strategies for areas identified through State land conservation
planning processes.
(e) Forest inventory and analysis
(1) Program required
In compliance with other applicable provisions of law, the
Secretary shall establish a program to inventory and analyze, in a
timely manner, public and private forests and their resources in the
United States.
(2) Annual State inventory
(A) In general
Not later than the end of each full fiscal year beginning
after June 23, 1998, the Secretary shall prepare for each State,
in cooperation with the State forester for the State, an
inventory of forests and their resources in the State.
(B) Sample plots
For purposes of preparing the inventory for a State, the
Secretary shall measure annually 20 percent of all sample plots
that are included in the inventory program for that State.
(C) Compilation of inventory
On completion of the inventory for a year, the Secretary
shall make available to the public a compilation of all data
collected for that year from measurements of sample plots as
well as any analysis made of the samples.
(3) 5-year reports
Not more often than every 5 full fiscal years after June 23,
1998, the Secretary shall prepare, publish, and make available to
the public a report, prepared in cooperation with State foresters,
that--
(A) contains a description of each State inventory of
forests and their resources, incorporating all sample plot
measurements conducted during the 5 years covered by the report;
(B) displays and analyzes on a nationwide basis the results
of the annual reports required by paragraph (2); and
(C) contains an analysis of forest health conditions and
trends over the previous 2 decades, with an emphasis on such
conditions and trends during the period subsequent to the
immediately preceding report under this paragraph.
(4) National standards and definitions
To ensure uniform and consistent data collection for all forest
land that is publicly or privately owned and for each State, the
Secretary shall develop, in consultation with State foresters and
Federal land management agencies not under the jurisdiction of the
Secretary, and publish national standards and definitions to be
applied in inventorying and analyzing forests and their resources
under this subsection. The standards shall include a core set of
variables to be measured on all sample plots under paragraph (2) and
a standard set of tables to be included in the reports under
paragraph (3).
(5) Protection for private property rights
The Secretary shall obtain authorization from property owners
prior to collecting data from sample plots located on private
property pursuant to paragraphs (2) and (3).
(6) Strategic plan
Not later than 180 days after June 23, 1998, the Secretary shall
prepare and submit to Congress a strategic plan to implement and
carry out this subsection, including the annual updates required by
paragraph (2) and the reports required by paragraph (3), that shall
describe in detail--
(A) the financial resources required to implement and carry
out this subsection, including the identification of any
resources required in excess of the amounts provided for forest
inventorying and analysis in recent appropriations Acts;
(B) the personnel necessary to implement and carry out this
subsection, including any personnel in addition to personnel
currently performing inventorying and analysis functions;
(C) the organization and procedures necessary to implement
and carry out this subsection, including proposed coordination
with Federal land management agencies and State foresters;
(D) the schedules for annual sample plot measurements in
each State inventory required by paragraph (2) within the first
5-year interval after June 23, 1998;
(E) the core set of variables to be measured in each sample
plot under paragraph (2) and the standard set of tables to be
used in each State and national report under paragraph (3); and
(F) the process for employing, in coordination with the
Secretary of Energy and the Administrator of the National
Aeronautics and Space Administration, remote sensing, global
positioning systems, and other advanced technologies to carry
out this subsection, and the subsequent use of the technologies.
(Pub. L. 95-307, Sec. 3, June 30, 1978, 92 Stat. 353; Pub. L. 96-294,
title II, Sec. 254, June 30, 1980, 94 Stat. 707; Pub. L. 100-521,
Sec. 3, Oct. 24, 1988, 102 Stat. 2601; Pub. L. 101-624, title XII,
Sec. 1241(a), Nov. 28, 1990, 104 Stat. 3544; Pub. L. 105-185, title II,
Sec. 253(b), (c), June 23, 1998, 112 Stat. 559; Pub. L. 105-277, div. A,
Sec. 101(a) [title VII, Sec. 753(a)], Oct. 21, 1998, 112 Stat. 2681,
2681-32.)
References in Text
The Federal revenue codes, referred to in subsec. (d)(2), are
classified generally to Title 26, Internal Revenue Code.
Amendments
1998--Subsec. (d). Pub. L. 105-185, Sec. 253(b), added subsec. (d)
and struck out former subsec. (d) which read as follows: ``The Secretary
is authorized to conduct, support, and cooperate in studies and other
activities the Secretary deems necessary to--
``(1) evaluate renewable resource management problems associated
with urban-forest interface;
``(2) assess effects of changes in Federal revenue codes on
private forest management and investment; and
``(3) develop improved delivery systems for information and
technical assistance provided to private landowners.''
Subsec. (d)(3). Pub. L. 105-277 substituted ``At the request of the
Governor of the State of Maine, New Hampshire, New York, or Vermont, the
Secretary'' for ``The Secretary''.
Subsec. (e). Pub. L. 105-185, Sec. 253(c), added subsec. (e).
1990--Subsec. (a)(1). Pub. L. 101-624, Sec. 1241(a)(1), inserted ``,
including activities for encouraging improved reforestation of forest
lands from which timber has been harvested'' after ``purposes''.
Subsec. (b). Pub. L. 101-624, Sec. 1241(a)(2), designated existing
provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 101-624, Sec. 1241(a)(3), added subsec. (d).
1988--Subsec. (c). Pub. L. 100-521 added subsec. (c).
1980--Subsec. (a)(1). Pub. L. 96-294, Sec. 254(1), inserted
applicability to energy production and energy conservation activities.
Subsec. (a)(4). Pub. L. 96-294, Sec. 254(2), inserted applicability
to producing and conserving energy.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-277 effective June 23, 1998, see section
101(a) [title VII, Sec. 753(f)] of Pub. L. 105-277, set out as a note
under section 343 of Title 7, Agriculture.
Southern Forest Regeneration Program
Section 1242 of Pub. L. 101-624 provided that:
``(a) Establishment.--The Secretary of Agriculture shall make a
grant to a State for the establishment, within such State, of a center,
to be known as the `Southern Forest Regeneration Center' (hereafter
referred to in this section as the `Center'), to study forest
regeneration problems and forest productivity in the southern region of
the United States.
``(b) Duties of Center.--The Center shall study forest regeneration
problems and forest productivity in the southern region of the United
States, including--
``(1) nursery management concerns that will lead to improved
seedling quality;
``(2) forest management practices that account for environmental
stresses; and
``(3) the development of low-cost forest regeneration methods
that provide options for wood products, species diversity, wildlife
habitat, and production of clean air and water.
``(c) Establishment of Other Programs.--The Secretary of Agriculture
may establish other programs in other regions of the United States, or a
comprehensive National program, to carry out the purposes of this
section as the Secretary determines appropriate.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.''
Semiarid Agroforestry Research Center
Section 1243 of Pub. L. 101-624 provided that:
``(a) Semiarid Agroforestry Research, Development, and Demonstration
Center.--The Secretary of Agriculture shall establish at the Forestry
Sciences Laboratory of the United States Forest Service, in Lincoln,
Nebraska, a Semiarid Agroforestry Research, Development, and
Demonstration Center (hereafter referred to in this section as the
`Center') and appoint a Director to manage and coordinate the program
established at the Center under subsection (b).
``(b) Program.--The Secretary shall establish a program at the
Center and seek the participation of Federal or State governmental
entities, land-grant colleges or universities, State agricultural
experiment stations, State and private foresters, the National Arbor Day
Foundation, and other nonprofit foundations in such program to conduct
or assist research, investigations, studies, and surveys to--
``(1) develop sustainable agroforestry systems on semiarid lands
that minimize topsoil loss and water contamination and stabilize or
enhance crop productivity;
``(2) adapt, demonstrate, document, and model the effectiveness
of agroforestry systems under different farming systems and soil or
climate conditions;
``(3) develop dual use agroforestry systems compatible with
paragraphs (1) and (2) which would provide high-value forestry
products for commercial sale from semiarid land;
``(4) develop and improve the drought and pest resistance
characteristics of trees for conservation forestry and agroforestry
applications in semiarid regions, including the introduction and
breeding of trees suited for the Great Plains region of the United
States;
``(5) develop technology transfer programs that increase farmer
and public acceptance of sustainable agroforestry systems;
``(6) develop improved windbreak and shelterbelt technologies
for drought preparedness, soil and water conservation, environmental
quality, and biological diversity on semiarid lands;
``(7) develop technical and economic concepts for sustainable
agroforestry on semiarid lands, including the conduct of economic
analyses of the costs and benefits of agroforestry systems and the
development of models to predict the economic benefits under soil or
climate conditions;
``(8) provide international leadership in the development and
exchange of agroforestry practices on semiarid lands worldwide;
``(9) support research on the effects of agroforestry systems on
semiarid lands in mitigating nonpoint source water pollution;
``(10) support research on the design, establishment, and
maintenance of tree and shrub plantings to regulate the deposition
of snow along roadways; and
``(11) conduct sociological, demographic, and economic studies
as needed to develop strategies for increasing the use of forestry
conservation and agroforestry practices.
``(c) Information Collection and Dissemination.--The Secretary shall
establish at the Center a program, to be known as the National
Clearinghouse on Agroforestry Conservation and Promotion to--
``(1) collect, analyze, and disseminate information on
agroforestry conservation technologies and practices; and
``(2) promote the use of such information by landowners and
those organizations associated with forestry and tree promotion.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 annually to carry out this section.''
Forest Ecosystems and Atmospheric Pollution Research; Congressional
Findings
Section 2 of Pub. L. 100-521 provided that: ``Congress finds that--
``(1) the health and productivity of forests in certain regions
of the United States are declining;
``(2) there is a special concern about the decline of certain
hardwood species, particularly sugar maples and oaks, in the eastern
United States and the effects of atmospheric pollutants on the
health and productivity of these forests;
``(3) declines in the productivity of certain commercially
important Southern pine species have been measured;
``(4) existing research indicates that atmospheric pollution,
including ozone, acidic deposition, and heavy metals, may contribute
to this decline;
``(5) there is an urgent need to expand and better coordinate
existing Federal, State, and private research, including research by
private industry, to determine the cause of changes in the health
and productivity of domestic forest ecosystems and to monitor and
evaluate the effects of atmospheric pollutants on such ecosystems;
and
``(6) such research and monitoring should not impede efforts to
control atmospheric pollutants.''
Section Referred to in Other Sections
This section is referred to in sections 1644, 1648 of this title;
title 7 section 2276; title 42 section 8852.
