§ 576b. Purchasers of national-forest timber; deposits of money in addition to payments for timber; use of deposits; seedlings and young trees for burned-over areas in national parks

Footnotes

1. 1 See 2004 Amendment notes below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1930

   Pub. L. 71–416 § 3 · 46 Stat. 527

   Enacted · 16 U.S.C. § 576b

   June 9, 1930, ch. 416, § 3, 46 Stat. 527

   Source evidence

   Code source credit
   June 9, 1930, ch. 416, § 3, 46 Stat. 527

   Enacted provision · exact public law section
   Sec. 3. The Secretary of Agriculture may, when in his judgment Deposit by purchaser of national forest timber, for replanting, etc., cut over lands. such action will be in the public interest, require any purchaser of national-forest timber to make deposits of money, in addition to the payments for the timber, to cover the cost to the United States of (1) planting (including the production or purchase of young trees), (2) sowing with tree seeds (including the collection or purchase of such seeds), or (3) cutting, destroying, or otherwise removing undesirable trees or other growth, on the national-forest land cut over by the purchaser, in order to improve the future stand of timber: Provided, Provisos. Limit on total amount of deposit. That the total amount so required to be deposited by any purchaser shall not exceed, on an acreage basis, the average cost of planting (including the production or purchase of young trees) other comparable national-forest lands during the previous three years. Such To be covered into Treasury, as special fund. deposits shall be covered into the Treasury and shall constitute a special fund, which is hereby appropriated and made available until expended, to cover the cost to the United States of such tree planting, seed sowing, and forest improvement work, as the Secretary of Agriculture may direct: Provided, That any portion of any deposit found Disposition of excess covered in. to be in excess of the cost of doing said work shall, upon the determination that it is so in excess, be transferred to miscellaneous receipts, forest reserve fund, as a national-forest receipt of the fiscal year in which such transfer is made: Provided further, That the Seedlings, etc., for burned over areas. Secretary of Agriculture is authorized, upon application of the Secretary of the Interior, to furnish seedlings and/or young trees for replanting of burned-over areas in any national park.

2. 1976

   National Forest Management Act of 1976

   Pub. L. 94–588 § 18 · 90 Stat. 2949

   1. Struck · 16 U.S.C. § 576b

      Pub. L. 94–588 struck out “or” before “(3)”

   2. Substituted · 16 U.S.C. § 576b

      Pub. L. 94–588 substituted “, or (4) protecting and improving the future productivity of the renewable resources of the forest land on such sale area, including sale area improvement operations, maintenance and construction, reforestation and wildlife habitat management” for “: Provided, That the total amount so required to be deposited by any purchaser shall not exceed, on an acreage basis, the average cost of planting (including the production or purchase of young trees) other comparable national-forest lands during the previous three years”

   Source evidence

   Code amendment note
   Pub. L. 94–588 struck out “or” before “(3)” and substituted “, or (4) protecting and improving the future productivity of the renewable resources of the forest land on such sale area, including sale area improvement operations, maintenance and construction, reforestation and wildlife habitat management” for “: Provided, That the total amount so required to be deposited by any purchaser shall not exceed, on an acreage basis, the average cost of planting (including the production or purchase of young trees) other comparable national-forest lands during the previous three years”.

   Enacted provision · exact public law section
   Sec. 18. amendment to the knutson-vandenberg act Section 3 of the Act of June 9, 1930 (46 Stat. 527 ; 16 U.S.C. 576b), is amended— (a) by striking out the word “or” immediately before “(3)” in the first sentence thereof ; and (b) by striking out in the first sentence thereof the colon preceding the proviso and all that follows down through “three years” and inserting in lieu thereof the following: “, or (4) protecting and improving the future productivity of the renewable resources of the forest land on such sale area, including sale area improvement operations, maintenance and construction, reforestation and wildlife habitat management”.

3. 2004

   Department of the Interior and Related Agencies Appropriations Act, 2005

   Pub. L. 108–447 § 318(1) · 118 Stat. 2809

   Struck and inserted · 16 U.S.C. § 576b

   Pub. L. 108–447, § 318(1), which directed the amendment of this section “by striking ‘The Secretary of Agriculture may, when in his’ and inserting ‘(a) The Secretary of Agriculture may, when in his or her’;

   Source evidence

   Code amendment note
   Pub. L. 108–447, § 318(1), which directed the amendment of this section “by striking ‘The Secretary of Agriculture may, when in his’ and inserting ‘(a) The Secretary of Agriculture may, when in his or her’;

   ‘(b) Amounts deposited under subsection (a)’ ”, was partially executed by designating existing text as subsec. (a) and substituting “The Secretary of Agriculture may, when in his or her” for “The Secretary of Agriculture may, when in his”. However, the provisions relating to subsec. (b) were not inserted, because of missing directory language.

   Enacted provision · exact public law section
   (1) by striking “The Secretary of Agriculture may, when in his” and inserting “(a) The Secretary of Agriculture may, when in his or her”; “(b) Amounts deposited under subsection (a)” ;

4. 2004

   Department of the Interior and Related Agencies Appropriations Act, 2005

   Pub. L. 108–447 § 318(2) · 118 Stat. 2809

   Substituted · 16 U.S.C. § 576b(a)

   Pub. L. 108–447, § 318(2), substituted “may direct. The Secretary of Agriculture” for “may direct: Provided, That any portion of any deposit found to be in excess of the cost of doing said work shall, upon the determination that it is so in excess, be transferred to miscellaneous receipts, forest reserve fund, as a national-forest receipt of the fiscal year in which such transfer is made: Provided further, That the Secretary of Agriculture”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–447, § 318(2), substituted “may direct. The Secretary of Agriculture” for “may direct: Provided, That any portion of any deposit found to be in excess of the cost of doing said work shall, upon the determination that it is so in excess, be transferred to miscellaneous receipts, forest reserve fund, as a national-forest receipt of the fiscal year in which such transfer is made: Provided further, That the Secretary of Agriculture”.

   Enacted provision · exact public law section
   (2) by striking “may direct:” and all that follows through “That the Secretary of Agriculture” and inserting “may direct. The Secretary of Agriculture”; and

5. 2004

   Department of the Interior and Related Agencies Appropriations Act, 2005

   Pub. L. 108–447 § 318(3) · 118 Stat. 2809

   Added · 16 U.S.C. § 576b(c)

   Pub. L. 108–447, § 318(3), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–447, § 318(3), added subsec. (c).

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(c) Any portion of the balance at the end of a fiscal year in the special fund established pursuant to this section that the Secretary of Agriculture determines to be in excess of the cost of doing work described in subsection (a) (as well as any portion of the balance in the special fund that the Secretary determined, before October 1, 2004, to be excess of the cost of doing work described in subsection (a), but which has not been transferred by that date) shall be transferred to miscellaneous receipts, National Forest Fund, as a National Forest receipt, but only if the Secretary also determines that— “(1) the excess amounts will not be needed for emergency wildfire suppression during the fiscal year in which the transfer would be made; and “(2) the amount to be transferred to miscellaneous receipts, National Forest Fund, exceeds the outstanding balance of unreimbursed funds transferred from the special fund in prior fiscal years for wildfire suppression.” .

6. 2005

   Pub. L. 109–54 title IV § 412 · 119 Stat. 499

   Added · 16 U.S.C. § 576b(a)

   Pub. L. 109–54 added cl. (5)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–54 added cl. (5).

   Enacted provision · exact public law section
   Sec. 412. Section 3(a) of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended— (1) by striking “or” following “stand of timber,” in (3); and (2) by striking the period following “wildlife habitat management” in (4), and inserting “, or (5) watershed restoration, wildlife habitat improvement, control of insects, disease and noxious weeds, community protection activities, and the maintenance of forest roads, within the Forest Service region in which the timber sale occurred: Provided, That such activities may be performed through the use of contracts, forest product sales, and cooperative agreements.”.

7 of 7 references resolved to an enrolled provision