16 U.S.C. § 497e: Enhancing Forest Service…

Summary

The Secretary of Agriculture must run a program starting in fiscal year 2014 and each fiscal year thereafter to improve how the Forest Service handles rights-of-way and other land uses. Each year, the Secretary must put into a special Treasury account all fees charged to recover the costs of processing and monitoring authorizations to use National Forest System lands under 30 U.S.C. 185(l), 43 U.S.C. 1764(g), 31 U.S.C. 9701, and 54 U.S.C. 306109. Those funds can be spent without another appropriation to pay processing and monitoring costs and remain available until used. In the budget justification documents submitted under 31 U.S.C. 1105, the Secretary must report how the account money was spent the prior year and how it is proposed to be spent the next year, with amounts. “Authorizations” means the special use permits in subpart B of part 251 of title 36, Code of Federal Regulations. The rules take effect once the Forest Service issues regulations to collect these fees for processing and related monitoring.

Title 16, §497e

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(a)Program required

For fiscal year 2014 and each fiscal year thereafter, the Secretary of Agriculture shall conduct a program for the purpose of enhancing Forest Service administration of rights-of-way and other land uses.

(b)Deposit of fees

Subject to subsections (a) and (f), each fiscal year, the Secretary of Agriculture shall deposit into a special account established in the Treasury all fees collected by the Secretary to recover the costs of processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to section 185(l) of title 30, section 1764(g) of title 43, section 9701 of title 31, and section 306109 of title 54.

(c)Use of retained amounts

Amounts deposited pursuant to subsection (b) shall be available, without further appropriation, for expenditure by the Secretary of Agriculture to cover costs incurred by the Forest Service for the processing of applications for special use authorizations and for monitoring activities undertaken in connection with such authorizations. Amounts in the special account shall remain available for such purposes until expended.

(d)Reporting requirement

In the budget justification documents submitted by the Secretary of Agriculture in support of the President’s budget for a fiscal year under section 1105 of title 31, the Secretary shall include a description of the purposes for which amounts were expended from the special account during the preceding fiscal year, including the amounts expended for each purpose, and a description of the purposes for which amounts are proposed to be expended from the special account during the next fiscal year, including the amounts proposed to be expended for each purpose.

(e)Definition of authorization

For purposes of this section, the term “authorizations” means special use authorizations issued under subpart B of part 251 of title 36, Code of Federal Regulations.

(f)Implementation

This section shall take effect upon promulgation of Forest Service regulations for the collection of fees for processing of special use authorizations and for related monitoring activities.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly set out as a note under section 497 of this title. In subsec. (b), “section 306109 of title 54” substituted for “section 110(g) of the National Historic Preservation Act (16 U.S.C. 470h–2(g))” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Amendments

2014—Subsec. (a). Pub. L. 113–76, § 425(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary of Agriculture shall develop and implement a pilot program for the purpose of enhancing forest service administration of rights-of-way and other land uses. The authority for this program shall be for fiscal years 2000 through 2012. Prior to the expiration of the authority for this pilot program, the Secretary shall submit a report to the House and Senate Committees on Appropriations, and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives that evaluates whether the use of funds under this section resulted in more expeditious approval of rights-of-way and special use authorizations. This report shall include the Secretary’s recommendation for statutory or regulatory changes to reduce the average processing time for rights-of-way and special use permit applications.” Subsec. (b). Pub. L. 113–76, § 425(2), substituted “each fiscal year” for “during fiscal years 2000 through 2012”. 2007—Subsec. (a). Pub. L. 110–161, § 416(1), substituted “2012” for “2006”. Subsec. (b). Pub. L. 110–161, § 416(2), substituted “2012” for “2006”. 2005—Subsec. (a). Pub. L. 109–54, § 425(1), substituted “2006” for “2005”. Subsec. (b). Pub. L. 109–54, § 425(2), substituted “2006” for “2005”. 2004—Subsec. (a). Pub. L. 108–447, § 345(1), substituted “2005” for “2004”. Subsec. (b). Pub. L. 108–447, § 345(2), substituted “2005” for “2004”.

§497e Enhancing Forest Service Administration of Rights-of-way and Land Uses

Summary

Title 16, §497e

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata