As a part of the Program provided for by sectionof this title, the Secretary shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies.
In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.
The Secretary shall begin to incorporate the standards and guidelines required by this section in plans for units of the National Forest System as soon as practicable after October 22, 1976, and shall attempt to complete such incorporation for all such units by no later than September 30, 1985. The Secretary shall report to the Congress on the progress of such incorporation in the annual report required by sectionof this title. Until such time as a unit of the National Forest System is managed under plans developed in accordance with this subchapter, the management of such unit may continue under existing land and resource management plans.
The Secretary shall provide for public participation in the development, review, and revision of land management plans including, but not limited to, making the plans or revisions available to the public at convenient locations in the vicinity of the affected unit for a period of at least three months before final adoption, during which period the Secretary shall publicize and hold public meetings or comparable processes at locations that foster public participation in the review of such plans or revisions.
Except as provided in subparagraph (B), notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this section or any other provision of law (including section 7 of Public Law 93-205 () and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)) with respect to-
Subparagraph (A) shall not apply if-
Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency-
In developing, maintaining, and revising plans for units of the National Forest System pursuant to this section, the Secretary shall assure that such plans-
Plans developed in accordance with this section shall-
As soon as practicable, but not later than two years after October 22, 1976, the Secretary shall in accordance with the procedures set forth in sectionof title 5, promulgate regulations, under the principles of the Multiple-Use Sustained-Yield Act of 1960 [ 16 U.S.C. 528-531 ] that set out the process for the development and revision of the land management plans, and the guidelines and standards prescribed by this subsection. The regulations shall include, but not be limited to-
Resource plans and permits, contracts, and other instruments for the use and occupancy of National Forest System lands shall be consistent with the land management plans. Those resource plans and permits, contracts, and other such instruments currently in existence shall be revised as soon as practicable to be made consistent with such plans. When land management plans are revised, resource plans and permits, contracts, and other instruments, when necessary, shall be revised as soon as practicable. Any revision in present or future permits, contracts, and other instruments made pursuant to this section shall be subject to valid existing rights.
Land management plans and revisions shall become effective thirty days after completion of public participation and publication of notification by the Secretary as required under subsection (d) of this section.
In developing land management plans pursuant to this subchapter, the Secretary shall identify lands within the management area which are not suited for timber production, considering physical, economic, and other pertinent factors to the extent feasible, as determined by the Secretary, and shall assure that, except for salvage sales or sales necessitated to protect other multiple-use values, no timber harvesting shall occur on such lands for a period of 10 years. Lands once identified as unsuitable for timber production shall continue to be treated for reforestation purposes, particularly with regard to the protection of other multiple-use values. The Secretary shall review his decision to classify these lands as not suited for timber production at least every 10 years and shall return these lands to timber production whenever he determines that conditions have changed so that they have become suitable for timber production.
The Secretary shall-
The Secretary shall establish-
1 See References in Text note below.
2 So in original. Probably should be "long-term".
3 So in original. The "; and" probably should be a period.
16 U.S.C. § 1604
REFERENCES IN TEXTPublic Law 93-205 referred to subsec. (d)(2)(A)(i), (C)(i), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sectionof this title and Tables.The date of enactment of this section, referred to in subsec. (d)(2)(B)(ii), probably means the date of enactment of Pub. L. 115-141 which added subsec. (d)(2) and was approved Mar. 23, 2018.The Multiple-Use Sustained-Yield Act of 1960, referred to in subsecs. (e) and (g), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sections to of this title. For complete classification of this Act to the Code, see Short Title note set out under section of this title and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (g)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section of Title 42 and Tables.
AMENDMENTS2018-Subsec. (a). Pub. L. 115-141, §208(b)(2), substituted "Secretary" for "Secretary of Agriculture". Subsec. (d). Pub. L. 115-141, §208(a), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2).Subsec. (h)(1). Pub. L. 115-141, §208(b)(2), substituted "Secretary shall appoint" for "Secretary of Agriculture shall appoint". 1976-Subsec. (a). Pub. L. 94-588, §12(a), made technical amendment to reference in original Act which appears in text as reference to sectionof this title. Subsecs. (c) to (m). Pub. L. 94-588, §6, added subsecs. (c) to (m).
TRANSFER OF FUNCTIONSFor transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under sectionof this title.
REVISION OF FOREST PLANS Pub. L. 116-94, div. D, title IV, §407, Dec. 20, 2019, 133 Stat. 2743, provided that: "The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(5)(A) ) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis."Similar provisions were contained in the following prior appropriation acts: Pub. L. 116-6, div. E, title IV, §407, Feb. 15, 2019, 133 Stat. 259. Pub. L. 115-141, div. G, title IV, §407, Mar. 23, 2018, 132 Stat. 688. Pub. L. 115-31, div. G, title IV, §407, May 5, 2017, 131 Stat. 495. Pub. L. 114-113, div. G, title IV, §407, Dec. 18, 2015, 129 Stat. 2575. Pub. L. 113-235, div. F, title IV, §408, Dec. 16, 2014, 128 Stat. 2445. Pub. L. 113-76, div. G, title IV, §407, Jan. 17, 2014, 128 Stat. 338. Pub. L. 112-74, div. E, title IV, §409, Dec. 23, 2011, 125 Stat. 1039. Pub. L. 111-88, div. A, title IV, §410, Oct. 30, 2009, 123 Stat. 2957. Pub. L. 111-8, div. E, title IV, §410, Mar. 11, 2009, 123 Stat. 746. Pub. L. 110-161, div. F, title IV, §410, Dec. 26, 2007, 121 Stat. 2146. Pub. L. 109-54, title IV, §415, Aug. 2, 2005, 119 Stat. 551. Pub. L. 108-447, div. E, title III, §320, Dec. 8, 2004, 118 Stat. 3097. Pub. L. 108-108, title III, §320, Nov. 10, 2003, 117 Stat. 1306. Pub. L. 108-7, div. F, title III, §320, Feb. 20, 2003, 117 Stat 274. Pub. L. 107-63, title III, §327, Nov. 5, 2001, 115 Stat. 470.
EXPEDITIOUS COMPLETION OF MANAGEMENT PLANS OF FOREST SERVICE AND BUREAU OF LAND MANAGEMENT; CONTINUATION OF EXISTING PLANS; JUDICIAL REVIEW Pub. L. 101-121, title III, §312, Oct. 23, 1989, 103 Stat. 743, provided that: "The Forest Service and Bureau of Land Management are to continue to complete as expeditiously as possible development of their respective Forest Land and Resource Management Plans to meet all applicable statutory requirements. Notwithstanding the date in section 6(c) of the NFMA () [ 16 U.S.C. 1604(c) ], the Forest Service, and the Bureau of Land Management under separate authority, may continue the management of lands within their jurisdiction under existing land and resource management plans pending the completion of new plans. Nothing shall limit judicial review of particular activities on these lands: Provided, however, That there shall be no challenges to any existing plan on the sole basis that the plan in its entirety is outdated, or in the case of the Bureau of Land Management, solely on the basis that the plan does not incorporate information available subsequent to the completion of the existing plan: Provided further, That any and all particular activities to be carried out under existing plans may nevertheless be challenged." Similar provisions were contained in the following prior appropriation acts:Pub. L. 100-446, title III, §314, Sept. 27, 1988, 102 Stat. 1825.Pub. L. 100-202, §101(g) [title III, §314], Dec. 22, 1987, 101 Stat. 1329-213, 1329-254.Pub. L. 99-500, §101(h) [title II], Oct. 18, 1986, 100 Stat. 1783-242, 1783-268, and Pub. L. 99-591, §101(h) [title II], Oct. 30, 1986, 100 Stat. 3341-242, 3341-268.