
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.''
