§ 583d. — Notice; registered mail and publication; costs; contents; request for hearing; time; determination and record available for inspection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC583d]
TITLE 16--CONSERVATION
CHAPTER 3--FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV--SUSTAINED-YIELD FOREST MANAGEMENT
Sec. 583d. Notice; registered mail and publication; costs;
contents; request for hearing; time; determination and record
available for inspection
Before any sustained-yield unit authorized by section 583 or 583b of
this title shall be established, and before any cooperative agreement
authorized by section 583a or 583c of this title shall be entered into,
advance notice thereof shall be given by registered mail or by certified
mail to each landowner whose land is proposed to be included and by
publication in one or more newspapers of general circulation in the
vicinity of the place where the timber is located, and the costs
incident to such publication may be paid out of any funds available for
the protection or management of the federally owned or administered
forest land involved. This notice shall state: (1) the location of the
proposed unit; (2) the name of each proposed cooperator; (3) the
duration of the proposed cooperative agreement or agreements; (4) the
location and estimated quantity of timber on the land of each proposed
cooperator and on the Federal land involved; (5) the expected rate of
cutting of such timber; and (6) the time and place of a public hearing
to be held not less than thirty days after the first publication of said
notice for the presentation of the advantages and disadvantages of the
proposed action to the community or communities affected.
Before any sale agreement made without competition and involving
more than $500 in stumpage value of federally owned or administered
timber shall be entered into under this subchapter, advance notice
thereof shall be given by publication once weekly for four consecutive
weeks in one or more newspapers of general circulation in the vicinity
of the place where the timber is located, and the costs incident to such
publication may be paid out of any funds available for the protection or
management of federally owned or administered forest land within the
unit concerned. This notice shall state: (1) the quantity and appraised
value of the timber; (2) the time and place of a public hearing to be
held not less than thirty days after the first publication of said
notice if requested by the State or county where the timber is located
or by any other person deemed to have a reasonable interest in the
proposed sale or in its terms; and (3) the place where any request for a
public hearing shall be made. Such requests need be considered only if
received at the place designated in the notice not later than fifteen
days after the first publication of such notice. If a request for a
hearing is received within the time designated, notice of the holding of
the hearing shall be given not less than ten days before the time set
for such hearing, in the same manner as provided for the original
notice.
The determination made by the Secretary having jurisdiction upon the
proposals considered at any such hearing, which determination may
include the modification of the terms of such proposals, together with
the minutes or other record of the hearing, shall be available for
public inspection during the life of any coordinated plan of management
or agreement entered into in consequence of such determination.
(Mar. 29, 1944, ch. 146, Sec. 5, 58 Stat. 133; Pub. L. 86-507,
Sec. 1(17), June 11, 1960, 74 Stat. 201.)
Amendments
1960--Pub. L. 86-507 inserted ``or by certified mail'' after
``registered mail''.
