The Secretary is authorized to provide for the acquisition, construction, and maintenance of forest development roads within and near the national forests and other lands administered by the Forest Service in locations and according to specifications which will permit maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the requirements for protection, development, and management thereof, and for utilization of the other resources thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers of national forest timber and other products, including provisions for amortization of road costs in contracts, (3) by cooperative financing with other public agencies and with private agencies or persons, or (4) by a combination of these methods: Provided, That where roads of a higher standard than that needed in the harvesting and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of the national forest timber and other products shall not be required to bear that part of the costs necessary to meet such higher standard, and the Secretary is authorized to make such arrangements to this end as may be appropriate. The Secretary is authorized, under such rules and regulations as he shall prescribe, to permit the transfer of unused effective purchaser credit for road construction earned after December 16, 1975, from one timber sale to a purchaser to another timber sale to the same purchaser within the same National Forest.
Notes of Decisions
Alaska Lumber & Pulp Co., Inc. v. Edward R. Madigan, Sec'y of Agric., 2 F.3d 389 (Fed. Cir. 1993).
· cites it 2× “1089 (1964) (currently codified as amended at 16 U.S.C. § 535 (1988)). In 1975, Congress amended the purchaser credit legislation to allow purchasers to transfer credit earned for road construction under one timber sale contract to pay for timber harvested under another contract…”
Thomas v. Peterson, 753 F.2d 754 (9th Cir. 1985).
· cites it 3× “We disagree. The quoted section is worded as a declaration rather than a specific prescription.”
Clearwater Forest Indus., Inc. v. United States, 227 Ct. Cl. 386 (Ct. Cl. 1981).
“The statutory claim of invalidity is that 16 U.S.C. § 535 (dealing with forest development roads) required the Secretary of Agriculture to amortize road costs in all timber sale contracts, and this directive was infringed by this "deficit” contract’s express contemplation of…”
Thomas v. Peterson, 589 F. Supp. 1139 (D. Idaho 1984).
· cites it 3× “; the National Forest Roads and Trails Systems Act, 16 U.S.C. § 535 et seq.; the Wild and Scenic Rivers Act, 16 U.”
Shawnee Trail Conservancy v. Nicholas, 343 F. Supp. 2d 687 (S.D. Ill. 2004).
“16 U.S.C. § 535 . Again, this statutory provision does not mandate any discrete action by the Forest Service.”
Sierra Pac. Indus. v. Block, 643 F. Supp. 1256 (N.D. Cal. 1986).
“The Act, set forth at 16 U.S.C. §§ 535 et seq., was amended in 1975 by adding a sentence which provides as follows: [t]he Secretary is authorized, under such rules and regulations as he shall prescribe, to permit the transfer of unused effective purchaser credit for road…”
Kisner v. Butz, 350 F. Supp. 310 (N.D.W. Va. 1972).
“l Forest lands, administered by the Forest Service, as being essential to the increasing demands for timber, recreation and other uses of the forest lands, and that such transportation system is essential for the Secretary of Agriculture to provide for intensive use, protection,…”
Schmitz Ex Rel. Schmitz v. United States, 796 F. Supp. 263 (W.D. Mich. 1992).
“Further, 16 U.S.C. § 535 provides that the Secretary “is authorized to provide for the acquisition, construction, and maintenance of forest development roads within and near the national forests .”
Earth Island Inst. v. United States Forest Serv., 351 F.3d 1291 (9th Cir. 2003).
“The reference to “needed roads” is to the forest development roads authorized by 16 U.S.C. § 535 . The agency that is the decision-maker is thereby funded in operations that it conducts.”
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