§ 535. — Forest development roads; acquisition, construction, and maintenance; maximum economy; methods of financing; cost arrangements for construction standards; transfer of unused effective purchaser credit for road construction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC535]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 535. Forest development roads; acquisition, construction,
and maintenance; maximum economy; methods of financing; cost
arrangements for construction standards; transfer of unused
effective purchaser credit for road construction
The Secretary is authorized to provide for the acquisition,
construction, and maintenance of forest development roads within and
near the national forests and other lands administered by the Forest
Service in locations and according to specifications which will permit
maximum economy in harvesting timber from such lands tributary to such
roads and at the same time meet the requirements for protection,
development, and management thereof, and for utilization of the other
resources thereof. Financing of such roads may be accomplished (1) by
the Secretary utilizing appropriated funds, (2) by requirements on
purchasers of national forest timber and other products, including
provisions for amortization of road costs in contracts, (3) by
cooperative financing with other public agencies and with private
agencies or persons, or (4) by a combination of these methods: Provided,
That where roads of a higher standard than that needed in the harvesting
and removal of the timber and other products covered by the particular
sale are to be constructed, the purchaser of the national forest timber
and other products shall not be required to bear that part of the costs
necessary to meet such higher standard, and the Secretary is authorized
to make such arrangements to this end as may be appropriate. The
Secretary is authorized, under such rules and regulations as he shall
prescribe, to permit the transfer of unused effective purchaser credit
for road construction earned after December 16, 1975, from one timber
sale to a purchaser to another timber sale to the same purchaser within
the same National Forest.
(Pub. L. 88-657, Sec. 4, Oct. 13, 1964, 78 Stat. 1089; Pub. L. 94-154,
Dec. 16, 1975, 89 Stat. 823.)
Amendments
1975--Pub. L. 94-154 authorized the Secretary to permit the transfer
of unused effective purchaser credit for road construction earned after
Dec. 16, 1975, from one timber sale to a purchaser to another timber
sale to the same purchaser within the same National Forest.
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under sections 532 to 538 of this
title to Federal Inspector, Office of Federal Inspector for Alaska
Natural Gas Transportation System, and subsequent transfer to Secretary
of Energy, see Transfer of Functions note set out under section 533 of
this title.
Financing of Forest Development Roads
Financing of forest development roads authorized by cl. (2) of this
section deemed ``budget authority'' and ``budget outlays'' as defined in
section 621(a) of Title 2, The Congress, and effective for purpose
specified in section 651(a) of Title 2, see section 1608 of this title.
Section Referred to in Other Sections
This section is referred to in sections 533, 534, 535a, 536, 1608 of
this title.
