§2601 — Title 43 Public Lands | U.S. Code

Summary

Even if earlier laws said something different, parts of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands that come under the Department of the Interior and are or may be timberlands or power-site lands valuable for timber must be managed for permanent forest production. The timber must be sold, cut, and removed under a sustained-yield plan to keep a steady timber supply, protect watersheds, help control stream flow, support local communities and industries, and provide recreation. Power sites can still be used for power development if the law allows. The Department must decide the lands’ annual productive capacity as soon as possible after August 28, 1937. Until that is done, the average annual cut cannot exceed one-half billion feet board measure. At least one-half billion feet board measure, or the declared annual sustained yield when set, must be sold each year or as much as can be sold at reasonable prices. The Secretary of the Interior may divide the lands into sustained-yield forest units to support nearby communities. Before setting unit boundaries the Department must publish notice and hold a local hearing open to state and local officials, industry representatives, residents, and others. Sales from each unit must not exceed that unit’s productive capacity, and the Secretary may reject bids that would harm the sustained-yield plan.

Title 43, §2601

Public Lands — Source: USLM XML via OLRC

Notwithstanding any provisions in the Acts of June 9, 1916 (39 Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and power-site lands valuable for timber, shall be managed, except as provided in section 3 11 See References in Text note below. hereof, for permanent forest production, and the timber thereon shall be sold, cut, and removed in conformity with the principal 22 So in original. Probably should be “principle”. of sustained yield for the purpose of providing a permanent source of timber supply, protecting watersheds, regulating stream flow, and contributing to the economic stability of local communities and industries, and providing recreational facilties: 33 So in original. Probably should be “facilities:”. Provided, That nothing in this section shall be construed to interfere with the use and development of power sites as may be authorized by law. The annual productive capacity for such lands shall be determined and declared as promptly as possible after August 28, 1937, but until such determination and declaration are made the average annual cut therefrom shall not exceed one-half billion feet board measure: Provided, That timber from said lands in an amount not less than one-half billion feet board measure, or not less than the annual sustained yield capacity when the same has been determined and declared, shall be sold annually, or so much thereof as can be sold at reasonable prices on a normal market. If the Secretary of the Interior determines that such action will facilitate sustained-yield management, he may subdivide such revested lands into sustained-yield forest units, the boundary lines of which shall be so established that a forest unit will provide, insofar as practicable, a permanent source of raw materials for the support of dependent communities and local industries of the region; but until such subdivision is made the land shall be treated as a single unit in applying the principle of sustained yield: Provided, That before the boundary lines of such forest units are established, the Department, after published notice thereof, shall hold a hearing thereon in the vicinity of such lands open to the attendance of State and local officers, representatives of dependent industries, residents, and other persons interested in the use of such lands. Due consideration shall be given to established lumbering operations in subdividing such lands when necessary to protect the economic stability of dependent communities. Timber sales from a forest unit shall be limited to the productive capacity of such unit and the Secretary is authorized, in his discretion, to reject any bids which may interfere with the sustained-yield management plan of any unit.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 3, referred to in first par., is section 3 of act Aug. 28, 1937, ch. 876, title I, 50 Stat. 875, which was classified to section 1181c of this title prior to repeal by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787. Acts of

June 9, 1916, and

February 26, 1919, referred to in text, are acts

June 9, 1916, ch. 137, 39 Stat. 218 and Feb. 26, 1919, ch. 47, 40 Stat. 1179, respectively, which are not classified to the Code. Codification Section was formerly classified to section 1181a of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Repeals

Act Aug. 28, 1937, ch. 876, title II (last par.), 50 Stat. 876, provided: “All Acts or parts of Acts in conflict with this Act [enacting this subchapter and former section 1181c of this title] are hereby repealed to the extent necessary to give full force and effect to this Act.”

§2601 Conservation Management by Department of the Interior; Permanent Forest Production; Sale of Timber; Subdivision