§ 539d. — National forest timber utilization program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC539d]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 539d. National forest timber utilization program
(a) Tongass National Forest timber supply; satisfaction of certain
market demands
Subject to appropriations, other applicable law, and the
requirements of the National Forest Management Act of 1976 (Public Law
94-588), except as provided in subsection (d) of this section, the
Secretary shall, to the extent consistent with providing for the
multiple use and sustained yield of all renewable forest resources, seek
to provide a supply of timber from the Tongass National Forest which (1)
meets the annual market demand for timber from such forest and (2) meets
the market demand from such forest for each planning cycle.
(b) Insured and guaranteed loan program for purchasers of national
forests materials in Alaska; authorization of appropriations
(1) The Secretary is authorized and directed to establish a special
program of insured or guaranteed loans to purchasers of national forest
materials in Alaska to assist such purchasers in the acquisition of
equipment and the implementation of new technologies which lead to the
utilization of wood products which might otherwise not be utilized. The
Secretary is authorized to promulgate such regulations as he deems
appropriate to define eligibility requirements for the participation in
the loan program and the terms and conditions applicable to loans made
under the program. Except as otherwise provided in this section or
regulations promulgated specifically for this loan program, such program
shall be carried out in a manner which is consistent with other
authorities available to the Secretary.
(2) To carry out the special loan program established by this
section, there are hereby authorized beginning after the fiscal year
1980 to be appropriated $5,000,000 from National Forest Fund receipts,
to be deposited in a special fund in the Treasury of the United States
to remain available until expended. Repayments of principal and interest
and other recoveries on loans authorized by this section shall be
credited to this fund and shall remain available until expended in order
to carry out the purposes of this section.
(c) Study on increase of timber yields on national forest lands in
Alaska; transmittal to Congress
Within three years after December 2, 1980, the Secretary shall
prepare and transmit to the Senate and House of Representatives a study
of opportunities (consistent with the laws and regulations applicable to
the management of the National Forest System) to increase timber yields
on national forest lands in Alaska.
(d) Identification of lands not suited for timber production;
consideration of economic factors unnecessary
All provisions of section 6(k) of the National Forest Management Act
of 1976 (16 U.S.C. 1604(k)) shall apply to the Tongass National Forest
except that the Secretary need not consider economic factors in the
identification of lands not suited for timber production.
(e) Protection of riparian habitat; maintenance of buffer zones in
Tongass National Forest; relocation of prior independent sale or
released volume
In order to assure protection of riparian habitat, the Secretary
shall maintain a buffer zone of no less than one hundred feet in width
on each side of all Class I streams in the Tongass National Forest, and
on those Class II streams which flow directly into a Class I stream,
within which commercial timber harvesting shall be prohibited, except
where independent national forest timber sales have already been sold
prior to March 1, 1990, or where volume has been released prior to March
1, 1990, to either the Alaska Pulp Corporation or the Ketchikan Pulp
Company pursuant to the long-term timber sale contracts numbered 12-11-
010-1545 and A10fs-1042 respectively. If such an independent timber sale
or released volume is within the buffer zone, the Secretary shall make
every effort to relocate such independent sale or released volume to an
area outside of the buffer zone. The Secretary shall use best management
practices, as defined in the Region 10 Soil and Water Conservation
handbook \1\ (FSH 2509.22), January 1990, to assure the protection of
riparian habitat on streams or portions of streams not protected by such
buffer zones. For the purposes of this subsection, the terms ``Class I
streams'' and ``Class II streams'' mean the same as they do in the
Region 10 Aquatic Habitat Management Handbook (FSH 2609.24), June 1986.
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\1\ So in original. Probably should be capitalized.
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(f) Timber supply from Tongass National Forest for purchasers qualifying
as ``small business concerns''
Subject to appropriations, the provisions of this Act and other
applicable law (including but not limited to the requirements of the
National Forest Management Act of 1976 (Public Law 94-588)) and in order
to assure the continuation of the Small Business Administration timber
sale program, the Secretary shall, in consultation with the
Administrator of the Small Business Administration and to the extent
consistent with providing for the multiple use and sustained yield of
all renewable forest resources, seek to provide a supply of timber from
the Tongass National Forest to those purchasers qualifying as ``small
business concerns'' under the Small Business Act as amended (15 U.S.C.
631 et seq.).
(Pub. L. 96-487, title VII, Sec. 705, Dec. 2, 1980, 94 Stat. 2420; Pub.
L. 101-626, title I, Secs. 101-103(a), 105(b), Nov. 28, 1990, 104 Stat.
4426, 4427.)
References in Text
The National Forest Management Act of 1976, referred to in subsecs.
(a) and (f), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as
amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of
this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610
of this title, repealed sections 476, 513, and 514 of this title, and
enacted provisions set out as notes under sections 476, 513, 528, 594-2,
and 1600 of this title. Section 6(k) of the Act (16 U.S.C. 1604(k)),
probably means section 6(k) of the Forest and Rangeland Renewable
Resources Planning Act of 1974, which is classified to section 1604(k)
of this title, and which was added by section 6 of the Act. For complete
classification of this Act to the Code, see Short Title of 1976
Amendment note set out under section 1600 of this title and Tables.
This Act, referred to in subsec. (f), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of this title and
Tables.
The Small Business Act, referred to in subsec. (f), 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.
Amendments
1990--Subsec. (a). Pub. L. 101-626, Sec. 101, added subsec. (a) and
struck out former subsec. (a) which read as follows: ``The Congress
authorizes and directs that the Secretary of the Treasury shall make
available to the Secretary of Agriculture the sum of at least
$40,000,000 annually or as much as the Secretary of Agriculture finds is
necessary to maintain the timber supply from the Tongass National Forest
to dependent industry at a rate of four billion five hundred million
foot board measure per decade. Such sums will be drawn from receipts
from oil, gas, timber, coal, and other natural resources collected by
the Secretary of Agriculture and the Secretary of the Interior
notwithstanding any other law providing for the distribution of such
receipts: Provided, That such funds shall not be subject to deferral or
rescission under the Budget Impoundment and Control Act of 1974, and
such funds shall not be subject to annual appropriation.''
Subsec. (d). Pub. L. 101-626, Sec. 102, added subsec. (d) and struck
out former subsec. (d) which read as follows: ``The provisions of this
section shall apply notwithstanding the provisions of section 6(k) of
the National Forest Management Act of 1976 (90 Stat. 2949).''
Subsec. (e). Pub. L. 101-626, Sec. 103(a), added subsec. (e).
Subsec. (f). Pub. L. 101-626, Sec. 105(b), added subsec. (f).
Short Title of 1990 Amendment
Section 1(a) of Pub. L. 101-626 provided that: ``This Act [amending
this section and sections 472a and 539e of this title, enacting
provisions listed in a table of Wilderness Areas set out under section
1132 of this title, and enacting provisions set out as notes under this
section and section 539e of this title] may be cited as the `Tongass
Timber Reform Act'.''
Study Containing Recommendations on Need To Standardize Riparian
Management Practices in Tongass National Forest
Section 103(b) of Pub. L. 101-626 provided that: ``No later than one
year after the date of enactment of this Act [Nov. 28, 1990], the
Secretary of Agriculture, in consultation with the State of Alaska, the
National Marine Fisheries Service, and affected private land owners,
shall prepare and transmit to the Congress a study containing
recommendations on the need, if any, to standardize riparian management
practices for Federal, State, and private lands within the Tongass
National Forest.''
Application of Amendments by Pub. L. 101-626 to Certain Long-Term Timber
Sale Contracts
Section 105(c) of Pub. L. 101-626 provided that: ``The provisions of
subsections (a) and (b) of this section [amending this section and
section 472a of this title] shall not apply to the purchase of timber
within the Tongass National Forest pursuant to the long-term timber sale
contracts numbered 12-11-010-1545 and A10fs-1042 between the United
States and the Alaska Pulp Corporation, and between the United States
and the Ketchikan Pulp Company, respectively.''
Applicability of Subsection (a) From October 1, 1987 Until September 30,
1989
Pub. L. 100-203, title V, Sec. 5202, Dec. 22, 1987, 101 Stat. 1330-
267, provided that from the period beginning on October 1, 1987, and
extending until September 30, 1989, the provisions of subsec. (a) of
this section was not effective, and that in lieu thereof, the following
provision was to apply: ``There is hereby authorized to be appropriated
the sum of at least $40,000,000 annually (or such sums as the Secretary
of Agriculture determines necessary) to maintain the timber supply from
the Tongass National Forest to dependent industry at a rate of
4,500,000,000 foot board measure per decade.''
