§ 1683. — Pilot projects; requirements; residue removal credits as compensation; implementation guidelines.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1683]
TITLE 16--CONSERVATION
CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
SUBCHAPTER IV--WOOD RESIDUE UTILIZATION
Sec. 1683. Pilot projects; requirements; residue removal credits
as compensation; implementation guidelines
The Secretary may carry out pilot wood residue utilization projects
under which purchasers of National Forest System timber under contracts
awarded prior to October 1, 1986, may, except as otherwise provided in
this section, be required to remove wood residues not purchased by them
to points of prospective use in return for compensation in the form of
``residue removal credits.'' Such projects may be carried out where the
Secretary identifies situations in which pilot wood residue utilization
projects on the National Forest system can provide important information
on various methods and approaches to increasing the utilization, in
residential, commercial, and industrial or powerplant applications, of
wood residues and where such information cannot reasonably be obtained
unless the pilot projects are done in conjunction with normal National
Forest timber sale activities. The residue removal credits shall be
applied against the amount payable for the timber purchased and shall
represent the anticipated cost of removal of wood residues. The
following guidelines shall apply to projects carried out under this
section:
(1) Except in cases where wood residue removal is determined to
be necessary for fire prevention, site preparation for regeneration,
wildlife habitat improvement, or other land management purposes, the
Secretary may not provide for removal of wood residues in instances
where the anticipated cost of removal would exceed the anticipated
value.
(2) The residue removal credits authorized by this section shall
not exceed the amount payable by the purchaser for timber after the
application of all other designated charges and credits.
(3) The Secretary may sell the wood residues removed to points
of prospective use for not less than their appraised value.
(4) Pilot projects, demonstrations, and other programs
established pursuant to this subchapter shall be carried out in a
manner which does not result in an adverse effect on the furnishing
of timber, free of charge, under any other provision of law.
(5) Wood residues shall be collected from a site so as to avoid
soil depletion or erosion giving full consideration to the
protection of wildlife habitat.
(6) For the purposes of section 500 of this title, (A) any
residue removal credit applied under this section shall be
considered as ``money received'' or ``moneys received'',
respectively, and (B) the ``money received'' or ``moneys received'',
respectively, from the sales of wood residues removed to points of
prospective use shall be the proceeds of the sales less the sum of
any residue removal credit applied with respect to such residues
plus any costs incurred by the Forest Service in processing and
storing such residues.
(Pub. L. 96-554, Sec. 4, Dec. 19, 1980, 94 Stat. 3257.)
Section Referred to in Other Sections
This section is referred to in sections 1682, 1687 of this title.
