§ 535a. — Forest development roads: prohibition on credits; inclusion of construction costs in notice of sale; special election by small business concerns; construction standards; authorization of harvesting; treatment of road value.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC535a]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 535a. Forest development roads: prohibition on credits;
inclusion of construction costs in notice of sale; special
election by small business concerns; construction standards;
authorization of harvesting; treatment of road value
(a) Prohibition on timber purchaser road credits
In financing any forest development road pursuant to section 535 of
this title, the Secretary of Agriculture may not provide effective
credit for road construction to any purchaser of national forest timber
or other forest products.
(b) Construction of roads by timber purchasers
(1) Whenever the Secretary of Agriculture makes a determination that
a forest development road referred to in subsection (a) of this section
shall be constructed or paid for, in whole or in part, by a purchaser of
national forest timber or other forest products, the Secretary shall
include notice of the determination in the notice of sale of the timber
or other forest products. The notice of sale shall contain, or announce
the availability of, sufficient information related to the road
described in the notice to permit a prospective bidder on the sale to
calculate the likely cost that would be incurred by the bidder to
construct or finance the construction of the road so that the bidder may
reflect such cost in the bid.
(2) If there is an increase or decrease in the cost of roads
constructed by the timber purchaser, caused by variations in quantities,
changes or modifications subsequent to the sale of timber made in
accordance with applicable timber sale contract provisions, then an
adjustment to the price paid for timber harvested by the purchaser shall
be made. The adjustment shall be applied by the Secretary as soon as
practicable after any such design change is implemented.
(c) Special election by small business concerns
(1) A notice of sale referred to in subsection (b) of this section
containing specified road construction of $50,000 or more, shall give a
purchaser of national forest timber or other forest products that
qualifies as a ``small business concern'' under the Small Business Act
(15 U.S.C. 631 et seq.), and regulations issued thereunder, the option
to elect that the Secretary of Agriculture build the roads described in
the notice. The Secretary shall provide the small business concern with
an estimate of the cost that would be incurred by the Secretary to
construct the roads on behalf of the small business concern. The notice
of sale shall also include the date on which the roads described in the
notice will be completed by the Secretary if the election is made.
(2) If the election referred to in paragraph (1) is made, the
purchaser of the national forest timber or other forest products shall
pay to the Secretary of Agriculture, in addition to the price paid for
the timber or other forest products, an amount equal to the estimated
cost of the roads which otherwise would be paid by the purchaser as
provided in the notice of sale. Pending receipt of such amount, the
Secretary may use receipts from the sale of national forest timber or
other forest products and such additional sums as may be appropriated
for the construction of roads, such funds to be available until
expended, to accomplish the requested road construction.
(d) Authorization of harvesting
In each sale of national forest timber or other forest products
referred to in this section, the Secretary of Agriculture is encouraged
to authorize harvest of the timber or other forest products in a unit
included in the sale as soon as road work for that unit is completed and
the road work is approved by the Secretary.
(e) Construction standard
For any forest development road that is to be constructed or paid
for by a purchaser of national forest timber or other forest products,
the Secretary of Agriculture may not require the purchaser to design,
construct, or maintain the road (or pay for the design, construction, or
maintenance of the road) to a standard higher than the standard,
consistent with applicable environmental laws and regulations, that is
sufficient for the harvesting and removal of the timber or other forest
products, unless the Secretary bears that part of the cost necessary to
meet the higher standard.
(f) Treatment of road value
For any forest development road that is constructed or paid for by a
purchaser of national forest timber or other forest products, the
estimated cost of the road construction, including subsequent design
changes, shall be considered to be money received for purposes of the
payments required to be made under section 500 of this title. To the
extent that the appraised value of road construction determined under
this subsection reflects funds contributed by the Secretary of
Agriculture to build the road to a higher standard pursuant to
subsection (e) of this section, the Secretary shall modify the appraisal
of the road construction to exclude the effect of the Federal funds.
(g) Effective date
(1) This section and the requirements of this section shall take
effect (and apply thereafter) upon the earlier of--
(A) April 1, 1999; or
(B) the date that is the later of--
(i) the effective date of regulations issued by the
Secretary of Agriculture to implement this section; and
(ii) the date on which new timber sale contract provisions
designed to implement this section, that have been published for
public comment, are approved by the Secretary.
(2) Notwithstanding paragraph (1), any sale of national forest
timber or other forest products for which notice of sale is provided
before the effective date of this section, and any effective purchaser
road credit earned pursuant to a contract resulting from such a notice
of sale or otherwise earned before that effective date shall remain in
effect, and shall continue to be subject to section 535 of this title
and section 472a(i) of this title, and rules issued thereunder, as in
effect on the day before October 21, 1998.
(Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 329], Oct. 21,
1998, 112 Stat. 2681-231, 2681-292.)
References in Text
The Small Business Act, referred to in subsec. (c)(1), is Pub. L.
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified
generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and
Trade. For complete classification of this Act to the Code, see Short
Title note set out under section 631 of Title 15 and Tables.
