National Forest Management Act

• Author: Environmental Law Reporter
• Pages: 729-749

National Forest Management Act

16 U.S.C. §§1600-1687

Subchapter I—Planning

§1600. [NFMA §2]

Congressional findings

The Congress finds that—

(1) the management of the Nation’s renewable resources is

highly complex and the uses, demand for, and supply of the various

resources are subject to change over time;

(2) the public interest is served by the Forest Service, Department

of Agriculture, in cooperation with other agencies, assessing the

Nation’s renewable resources, and developing and preparing a na-

tional renewable resource program, which is periodically reviewed

and updated;

(3) to serve the national interest, the renewable resource program

must be based on a comprehensive assessment of present and antici-

pated uses, demand for, and supply of renewable resources from the

Nation’s public and private forests and rangelands, through analysis

of environmental and economic impacts, coordination of multiple

use and sustained yield opportunities as provided in the Multiple-Use

Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531), and

public participation in the development of the program;

(4) the new knowledge derived from coordinated public and pri-

vate research programs will promote a sound technical and ecologi-

cal base for effective management, use, and protection of the Na-

tion’s renewable resources;

(5) inasmuch as the majority of the Nation’s forests and range-

land is under private, State, and local governmental management

and the Nation’s major capacity to produce goods and services is

based on these nonfederally managed renewable resources, the

Federal Government should be a catalyst to encourage and assist

these owners in the efficient long-term use and improvement of

these lands and their renewable resources consistent with the princi-

ples of sustained yield and multiple use;

(6) the Forest Service, by virtue of its statutory authority for man-

agement of the National Forest System, research and cooperative

programs, and its role as an agency in the Department of Agriculture,

has both a responsibility and an opportunity to be a leader in assuring

that the Nation maintains a natural resource conservation posture that

will meet the requirements of our people in perpetuity; and

(7) recycled timber product materials are as much a part of our

renewable forest resources as are the trees from which they origi-

nally came, and in order to extend our timber and timber fiber re-

sources and reduce pressures for timber production from Federal

lands, the Forest Service should expand its research in the use of

recycled and waste timber product materials, develop techniques

for the substitution of these secondary materials for primary mate-

rials, and promote and encourage the use of recycled timber prod-

uct materials.

(Pub.L. 93-378, §2, as added Pub. L. 94-588, §2, Oct. 22, 1976, 90 Stat. 2949.)

References In Text

The Multiple-Use Sustained-Yield Act of 1960, referred to in par.(3), is Pub. L.

86-517,June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sec-

tions 528 to 531 of this title. For complete classification of this Act to the Code, see

Short Title note set out under section 528 of this title and Tables.

Short Title Of 1988 Amendments

Pub. L. 100-521, Sec. 1, Oct. 24, 1988, 102 Stat. 2601, provided that: “This Act

[amending section 1642 of this title and enacting provisions set out as a note under

section 1642 of this title] may be cited as the ‘Forest Ecosystems and Atmospheric

Pollution Research Act of 1988’.”

Pub. L. 100-231, Sec. 1, Jan. 5, 1988, 101 Stat. 1565, provided that: “This Act

[amending sections 1674 and 1675 of this title and provisions set out as a note under

section 1671 of this title] may be cited as the ‘Renewable Resources Extension Act

Amendments of 1987’.”

Short Title Of 1980 Amendment

Pub. L. 96-554, Sec. 1, Dec. 19, 1980, 94 Stat. 3257, provided: “That this Act [en-

acting subchapter IV of this chapter and enacting provision set out as a note under

section 1681 of this title] may be cited as the ‘Wood Residue Utilization Act of

1980’.”

Short Title Of 1978 Amendments

Pub. L. 95-307, Sec. 1, June 30, 1978, 92 Stat. 353, provided: “That this Act [en-

acting subchapter II of this chapter, repealing sections 581 to 581i of this title, and

enacting provisions set out as a note under section 1641 of this title] may be cited as

the ‘Forest and Rangeland Renewable Resources Research Act of 1978’.”

Pub. L. 95-306, Sec. 1, June 30, 1978, 92 Stat.349, provided: “That this Act [enact-

ing subchapter III of this chapter and provision set out as a note under section 1671 of

this title] may be cited as the ‘Renewable Resources Extension Act of 1978’.”

Short Title Of 1976 Amendment

Section 1 of Pub. L. 94-588 provided: “That this Act [enacting this section and

sections 472a, 521b, and 1611to 1614 of this title, amending sections 500, 515, 516,

518, 576b, 581h, and 1601 to 1610 of this title, repealing sections 476, 513 and 514

of this title, and enacting provisions set out as notes under this section and sections

476, 513, 528, and 594-2 of this title] may be cited as the ‘National Forest Manage-

ment Act of 1976’.”

Short Title

Section 1 of Pub. L. 93-378, Aug. 17, 1974, 88 Stat.476, provided: “That this Act

[enactingthis subchapter and amending section 581h of this title] may be cited as the

‘Forest and Rangeland Renewable Resources Planning Act of 1974’.”

Separability

Section21 of Pub. L. 94-588 provided that: “If any provision of this Act [see Short

Title of 1976 Amendment note set out above] or the application thereof to any per-

son or circumstances is held invalid, the validity of the remainder of the Act and of

the application of such provision to other persons and circumstances shall not be af-

fected thereby.”

§1601. [NFMA §3]

Renewable Resource Assessment

(a) Preparation by Secretary of Agriculture; time of

preparation, updating and contents

In recognition of the vital importance of America’s renewable re-

sources of the forest, range, and other associated lands to the Nation’s

social and economic well-being, and of the necessity for a long term

perspective in planning and undertaking related national renewable

resource programs administered by the Forest Service, the Secretary

of Agriculture shall prepare a Renewable Resource Assessment (here-

inafter called the “Assessment”). The Assessment shall be prepared

not later than December 31, 1975, and shall be updated during 1979

and each tenth year thereafter,and shall include but not be limited to—

(1) an analysis of present and anticipated uses, demand for, and

supply of the renewable resources, with consideration of the inter-

national resource situation, and an emphasis of pertinent supply and

demand and price relationship trends;

(2) an inventory, based on information developed by the Forest

Service and other Federal agencies, of present and potential renew-

able resources, and an evaluation of opportunities for improving

their yield of tangible and intangible goods and services, together

with estimates of investment costs and direct and indirect returns to

the Federal Government;

(3) a description of Forest Service programs and responsibilities

in research, cooperative programs and management of the National

Forest System, their interrelationships, and the relationship of these

programs and responsibilities to public and private activities;

(4) a discussion of important policy considerations, laws, regula-

tions, and other factors expected to influence and affect signifi-

cantly the use, ownership, and management of forest, range, and

other associated lands; and1

(5) an analysis of the potential effects of global climate change

on the condition of renewable resources on the forests and range-

lands of the United States; and

(6) an analysis of the rural and urban forestry opportunities to

NFMA §2 NATIONALFOREST MANAGEMENT ACT 16 U.S.C. §1600

729

1. So in original. The word “and” probably should not appear.

mitigate the buildup of atmospheric carbon dioxide and reduce the

risk of global climate change,2

(b) Omitted

(c) Contents of Assessments

The Secretary shall report in the 1979 and subsequent Assessments on:

(1) the additional fiber potential in the National Forest System in-

cluding, but not restricted to, forest mortality, growth, salvage po-

tential, potential increased forest products sales, economic con-

straints, alternate markets, contract considerations, and other multi-

ple use considerations;

(2) the potential for increased utilization of forest and wood prod-

uct wastes in the National Forest System and on other lands, and of

urban wood wastes and wood product recycling, including recom-

mendations to the Congress for actions which would lead to in-

creased utilization of material now being wasted both in the forests

and in manufactured products; and

(3) the milling and other wood fiber product fabrication facilities

and their location in the United States, noting the public and private

forested areas that supply such facilities, assessing the degree of

utilization into product form of harvested trees by such facilities,

and setting forth the technology appropriate to facilities to improve

utilization either individually or in aggregate the units of harvested

trees and to reduce wasted wood fibers. The Secretary shall set forth

a program to encourage the adoption by these facilities of these

technologies for improving wood fiber utilization.

(d)3Public involvement; consultation with governmental

departments and agencies

In developing the reports required under subsection (c) of this sec-

tion, the Secretary shall provide opportunity for public involvement

and shall consult with other interested governmental departments and

agencies.

(d)4Congressional policy of multiple use sustained yield

management; examination and certification of lands; estimate

of appropriations necessary for reforestation and other

treatment; budget requirements; authorization of

appropriations

(1) It is the policy of the Congress that all forested lands in the

National Forest System shall be maintained in appropriate forest

cover with species of trees, degree of stocking, rate of growth, and

conditions of stand designed to secure the maximum benefits of

multiple use sustained yield management in accordance with land

management plans. Accordingly, the Secretary is directed to iden-

tify and report to the Congress annually at the time of submission of

the President’s budget together with the annual report provided for

under section 1606(c) of this title, beginning with submission of the

President’s budget for fiscal year 1978, the amount and location by

forests and States and by productivity class, where practicable, of

all lands in the National Forest System where objectives of land

management plans indicate the need to reforest areas that have been

cut-over or otherwise denuded or deforested, and all lands with

stands of trees that are not growing at their best potential rate of

growth. All national forest lands treated from year to year shall be

examined after the first and third growing seasons and certified by

the Secretary in the report provided for under this subsection as to

stocking rate, growth rate in relation to potential and other pertinent

measures. Any lands not certified as satisfactory shall be returned to

the backlog and scheduled for prompt treatment. The level and

types of treatment shall be those which secure the most effective

mix of multiple use benefits.

(2) Notwithstanding the provisions of section 1607 of this title,

the Secretary shall annually for eight years following October 22,

1976, transmit to the Congress in the manner provided in this sub-

section an estimate of the sums necessary to be appropriated, in ad-

dition to the funds available from other sources, to replant and oth-

erwise treat an acreage equal to the acreage to be cut over that year,

plus a sufficient portion of the backlog of lands found to be in need

of treatment to eliminate the backlog within the eight-year period.

After such eight-year period, the Secretary shall transmit annually

to the Congress an estimate of the sums necessary to replant and

otherwise treat all lands being cut over and maintain planned timber

production on all other forested lands in the National Forest System

so as to prevent the development of a backlog of needed work larger

than the needed work at the beginning of the fiscal year. The Secre-

tary’s estimate of sums necessary, in addition to the sums available

under other authorities, for accomplishment of the reforestation and

other treatment of National Forest System lands under this section

shall be provided annually for inclusion in the President’s budget

and shall also be transmitted to the Speaker of the House and the

President of the Senate together with the annual report provided for

under section 1606(c) of this title at the time of submission of the

President’s budget to the Congress beginning with the budget for

fiscal year 1978. The sums estimated as necessary for reforestation

and other treatment shall include moneys needed to secure seed,

grow seedlings, prepare sites, plant trees, thin, remove deleterious

growth and underbrush, build fence to exclude livestock and ad-

verse wildlife from regeneration areas and otherwise establish and

improve growing forests to secure planned production of trees and

other multiple use values.

(3) Effective for the fiscal year beginning October 1, 1977, and

each fiscal year thereafter, there is hereby authorized to be appro-

priated for the purpose of reforesting and treating lands in the Na-

tional Forest System $200,000,000 annually to meet requirements

of this subsection (d). All sums appropriated for the purposes of this

subsection shall be available until expended.

(e) Report on herbicides and pesticides

The Secretary shall submit an annual report to the Congress on the

amounts, types, and uses of herbicides and pesticides used in the Na-

tional Forest System, including the beneficial or adverse effects of

such uses.

(Pub. L. 93-378, §3 formerly §2, Aug. 17, 1974, 88 Stat. 476, renumbered §3

and amended Pub. L. 94-588, §2-4, Oct. 22, 1976, 90 Stat. 2949, 2950; Pub. L.

101-624, title XXIV,§2408(a), Nov. 28, 1990, 104 Stat. 4061.)

Codification

Subsec. (b) of this section amended section 581h of this title.

TerminationOf Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsecs. (d)(1) and (e)

of this section relating to submitting annual reports to Congress, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113of Title 31, Money

and Finance, and pages 45 and 47 of House Document No. 103-7.

TransferOf Functions

Enforcement functions of Secretary or other official in Department of Agricul-

ture, insofar as they involve lands and programs under jurisdiction of that Depart-

ment, related to compliance with this subchapter and system activities requiring co-

ordination and approval under general authorities of this subchapter with respect to

pre-construction,construction, and initial operation of transportation system for Ca-

nadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first anniversary of

date of initial operation of Alaska Natural Gas Transportation System, see Reorg.

Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R.33663, 33666, 93 Stat. 1373, 1376,

effective July 1, 1979, set out in the Appendix to Title5, Government Organization

and Employees. Office of Federal Inspector for the Alaska Natural Gas Transporta-

tion System abolished and functions and authority vested in Inspector transferred to

Secretaryof Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of

Office of Federal Inspector note under section 719e of Title 15, Commerce and

Trade. Functions and authority vested in Secretary of Energy subsequently trans-

ferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by

section 720d(f) of Title 15.

Presidential Commission On State And Private Forests

Pub. L. 101-624, title XII, Sec. 1245, Nov.28, 1990, 104 Stat. 3548, as amended

by Pub. L. 102-237, title X, Sec. 1018(b), Dec. 13, 1991, 105 Stat. 1905, established

the Commission on State and Private Forests, which was to assess the status of the

State and private forest lands of the United Statesand report its findings and recom-

mendations to the President by Dec. 1, 1992, and which terminated 90 days after

submitting its report.

16 U.S.C. §1602 ENVIRONMENTALLAW DESKBOOK NFMA §4

730

2. So in original. The comma probably should be a period.

3. So in original. Two subsecs. (d) have been enacted.

4. So in original. Two subsecs. (d) have been enacted.