---
kind: "range"
citation: "16 U.S.C. §§ 532–538"
title: "16"
from: "532"
to: "538"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/16/532..538"
---

# §532. Roads and trails system; Congressional findings and declaration of policy


The Congress hereby finds and declares that the construction and maintenance of an adequate [system](/usc/16/668ee.md?p=14) of roads and trails within and near the [national forests](/usc/16/5207.md?p=3) and other lands administered by the Forest Service is essential if increasing demands for timber, recreation, and other [uses](/usc/16/410hhh–1.md?p=10) of such lands are to be met; that the existence of such a [system](/usc/16/668ee.md?p=14) would have the effect, among other things, of increasing the value of timber and other [resources](/usc/16/410hhh–1.md?p=8) tributary to such roads; and that such a [system](/usc/16/668ee.md?p=14) is essential to enable the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture (hereinafter called the [Secretary](/usc/16/410r–5.md?p=c-1)) to provide for intensive use, protection, development, and management of these lands under principles of [multiple use](/usc/16/531.md?p=a) and sustained yield of products and services.


# §533. Grant of easements for road rights-of-way; authority of Secretary of Agriculture; regulations


The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized, under such regulations as he may prescribe, subject to the provisions of [sections 532 to 538](/usc/16/532..538.md) of this title, to grant permanent or temporary easements for specified periods or otherwise for road rights-of-way (1) over [national forest lands](/usc/16/460hhh.md?p=1) and other lands administered by the Forest Service, and (2) over any other related lands with respect to which the Department of Agriculture has rights under the terms of the grant to it.


# §534. Termination and cancellation of easements; notice; hearing


An easement granted under [sections 532 to 538](/usc/16/532..538.md) of this title may be terminated by consent of the [owner](/usc/16/429b–3.md?p=4) of the easement, by condemnation, or after a five-year period of nonuse the [Secretary](/usc/16/410r–5.md?p=c-1) may, if he finds the [owner](/usc/16/429b–3.md?p=4) has abandoned the easement, make a determination to cancel it. Before the [Secretary](/usc/16/410r–5.md?p=c-1) may cancel an easement for nonuse the [owner](/usc/16/429b–3.md?p=4) of such easement must be notified of the determination to cancel and be given, upon his request made within sixty days after receipt of the notice, a hearing in accordance with such rules and regulations as may be issued by the [Secretary](/usc/16/410r–5.md?p=c-1).


# §535. Forest development roads; acquisition, construction, and maintenance; maximum economy; methods of financing; cost arrangements for construction standards; transfer of unused effective purchaser credit for road construction


The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to provide for the [acquisition](/usc/16/620e.md?p=1), construction, and maintenance of forest development roads within and near the [national forests](/usc/16/5207.md?p=3) 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](/usc/16/410hhh–1.md?p=8) thereof. Financing of such roads may be accomplished (1) by the [Secretary](/usc/16/410r–5.md?p=c-1) utilizing appropriated [funds](/usc/16/1421h.md?p=2), (2) by requirements on purchasers of [national forest](/usc/16/5207.md?p=3) 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](/usc/16/450rr–1.md?p=b), 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](/usc/16/5207.md?p=3) timber and other products shall not be required to bear that part of the costs necessary to meet such higher standard, and the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to make such arrangements to this end as may be appropriate. The [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/5207.md?p=3).


# §535a. Forest development roads: prohibition on credits; inclusion of construction costs in notice of sale; special election by small business concerns; construction standards; authorization of harvesting; treatment of road value

- (a) **Prohibition on timber purchaser road credits—** In financing any forest development road pursuant to [section 535 of this title](/usc/16/535.md), the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture may not provide effective credit for road construction to any purchaser of [national forest](/usc/16/5207.md?p=3) timber or other forest products.
- (b) **Construction of roads by timber purchasers—**
  - (1) Whenever the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture makes a determination that a forest development road referred to in [subsection (a)](#a) shall be constructed or paid for, in whole or in part, by a purchaser of [national forest](/usc/16/5207.md?p=3) timber or other forest products, the [Secretary](/usc/16/410r–5.md?p=c-1) shall include notice of the determination in the notice of sale of the timber or other forest products. The notice of sale shall contain, or announce the availability of, sufficient information related to the road described in the notice to permit a prospective bidder on the sale to calculate the likely cost that would be incurred by the bidder to construct or finance the construction of the road so that the bidder may reflect such cost in the bid.
  - (2) If there is an increase or decrease in the cost of roads constructed by the timber purchaser, caused by variations in quantities, changes or modifications subsequent to the sale of timber made in accordance with applicable timber sale contract provisions, then an adjustment to the price paid for timber harvested by the purchaser shall be made. The adjustment shall be applied by the [Secretary](/usc/16/410r–5.md?p=c-1) as soon as practicable after any such design change is implemented.
- (c) **Special election by small business concerns—**
  - (1) A notice of sale referred to in [subsection (b)](#b) containing specified road construction of $50,000 or more, shall give a purchaser of [national forest](/usc/16/5207.md?p=3) timber or other forest products that qualifies as a “small business concern” under the Small Business Act ([15 U.S.C. 631](/usc/15/631.md) et seq.), and regulations issued thereunder, the option to elect that the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture build the roads described in the notice. The [Secretary](/usc/16/410r–5.md?p=c-1) shall provide the small business concern with an estimate of the cost that would be incurred by the [Secretary](/usc/16/410r–5.md?p=c-1) to construct the roads on behalf of the small business concern. The notice of sale shall also include the date on which the roads described in the notice will be completed by the [Secretary](/usc/16/410r–5.md?p=c-1) if the election is made.
  - (2) If the election referred to in [paragraph (1)](#c-1) is made, the purchaser of the [national forest](/usc/16/5207.md?p=3) timber or other forest products shall pay to the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, in [addition](/usc/16/410r–5.md?p=c-2) to the price paid for the timber or other forest products, an amount equal to the estimated cost of the roads which otherwise would be paid by the purchaser as provided in the notice of sale. Pending receipt of such amount, the [Secretary](/usc/16/410r–5.md?p=c-1) may use receipts from the sale of [national forest](/usc/16/5207.md?p=3) timber or other forest products and such additional sums as may be appropriated for the construction of roads, such [funds](/usc/16/1421h.md?p=2) to be available until expended, to accomplish the requested road construction.
- (d) **Authorization of harvesting—** In each sale of [national forest](/usc/16/5207.md?p=3) timber or other forest products referred to in this section, the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture is encouraged to authorize harvest of the timber or other forest products in a [unit](/usc/16/430f–7.md?p=4) included in the sale as soon as road work for that [unit](/usc/16/430f–7.md?p=4) is completed and the road work is approved by the [Secretary](/usc/16/410r–5.md?p=c-1).
- (e) **Construction standard—** For any forest development road that is to be constructed or paid for by a purchaser of [national forest](/usc/16/5207.md?p=3) timber or other forest products, the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture may not require the purchaser to design, construct, or maintain the road (or pay for the design, construction, or maintenance of the road) to a standard higher than the standard, consistent with applicable environmental laws and regulations, that is sufficient for the harvesting and removal of the timber or other forest products, unless the [Secretary](/usc/16/410r–5.md?p=c-1) bears that part of the cost necessary to meet the higher standard.
- (f) **Treatment of road value—** For any forest development road that is constructed or paid for by a purchaser of [national forest](/usc/16/5207.md?p=3) timber or other forest products, the estimated cost of the road construction, including subsequent design changes, shall be considered to be money received for purposes of the payments required to be made under [section 500 of this title](/usc/16/500.md). To the extent that the appraised value of road construction determined under this subsection reflects [funds](/usc/16/1421h.md?p=2) contributed by the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture to build the road to a higher standard pursuant to [subsection (e)](#e), the [Secretary](/usc/16/410r–5.md?p=c-1) shall modify the appraisal of the road construction to exclude the effect of the Federal [funds](/usc/16/1421h.md?p=2).
- (g) **Effective date—**
  - (1) This section and the requirements of this section shall take effect (and apply thereafter) upon the earlier of—
    - (A) April 1, 1999; or
    - (B) the date that is the later of—
      - (i) the effective date of regulations issued by the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture to implement this section; and
      - (ii) the date on which new timber sale contract provisions designed to implement this section, that have been published for public comment, are approved by the [Secretary](/usc/16/410r–5.md?p=c-1).
  - (2) Notwithstanding [paragraph (1)](#g-1), any sale of [national forest](/usc/16/5207.md?p=3) timber or other forest products for which notice of sale is provided before the effective date of this section, and any effective purchaser road credit earned pursuant to a contract resulting from such a notice of sale or otherwise earned before that effective date shall remain in effect, and shall continue to be subject to [section 535 of this title](/usc/16/535.md) and [section 472a(i) of this title](/usc/16/472a.md?p=i), and rules issued thereunder, as in effect on the day before October 21, 1998.

# §536. Recording of instruments; furnishing of instruments affecting public domain lands to Secretary of the Interior


Copies of all instruments affecting permanent interests in land executed pursuant to [sections 532 to 538](/usc/16/532..538.md) of this title shall be recorded in each county where the lands are located. Copies of all instruments affecting interests in lands reserved from the public domain shall be furnished to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior.


# §537. Maintenance and reconstruction by road users; funds for maintenance and reconstruction; availability of deposits until expended, transfer of funds, and refunds


The [Secretary](/usc/16/410r–5.md?p=c-1) may require the user or users of a road under the control of the Forest Service, including purchasers of Government timber and other products, to maintain such roads in a satisfactory condition commensurate with the particular use requirements of each. Such maintenance to be borne by each user shall be proportionate to total use. The [Secretary](/usc/16/410r–5.md?p=c-1) may also require the user or users of such a road to reconstruct the same when such reconstruction is determined to be necessary to accommodate such use. If such maintenance or reconstruction cannot be so provided or if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that maintenance or reconstruction by a user would not be practical, then the [Secretary](/usc/16/410r–5.md?p=c-1) may require that sufficient [funds](/usc/16/1421h.md?p=2) be deposited by the user to provide his portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are hereby made available until expended to cover the cost to the United States of accomplishing the purpose for which deposited: Provided, That deposits received for work on adjacent and overlapping [areas](/usc/16/539m–1.md?p=1-A) may be combined when it is the most practicable and efficient manner of performing the work, and cost thereof may be determined by estimates: And provided further, That unexpended balances upon accomplishment of the purpose for which deposited shall be transferred to miscellaneous receipts or refunded.


# §538. User fees fund for delayed payments to grantors


Whenever the agreement under which the United States has obtained for the use of, or in connection with, the [national forests](/usc/16/5207.md?p=3) and other lands administered by the Forest Service a right-of-way or easement for a road or an existing road or the right to use an existing road provides for delayed payments to the Government’s grantor, any fees or other collections received by the [Secretary](/usc/16/410r–5.md?p=c-1) for the use of the road may be placed in a [fund](/usc/16/1421h.md?p=2) to be available for making payments to the grantor.