§ 1181a. — Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1181a]
TITLE 43--PUBLIC LANDS
CHAPTER 28--MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V--OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD
GRANT LANDS
Sec. 1181a. Conservation management by Department of the
Interior; permanent forest production; sale of timber;
subdivision
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
1181c \1\ of this title, for permanent forest production, and the timber
thereon shall be sold, cut, and removed in conformity with the principal
\2\ 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: \3\ 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.
---------------------------------------------------------------------------
\1\ See References in Text note below.
\2\ So in original. Probably should be ``principle''.
\3\ So in original. Probably should be ``facilities:''.
---------------------------------------------------------------------------
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.
(Aug. 28, 1937, ch. 876, title I, Sec. 1, 50 Stat. 874.)
References in Text
Section 1181c of this title, referred to in first par., was repealed
by Pub. L. 94-579, title VII, Sec. 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.
Repeals
Act Aug. 28, 1937, title II, Sec. 201(c), second par., provided:
``All Acts or parts of Act in conflict with this Act [sections 1181a to
1181f of this title] are hereby repealed to the extent necessary to give
full force and effect to this Act.''
Savings Provision
Provisions of Federal Land Policy and Management Act of 1976, Pub.
L. 94-579, Oct. 21, 1976, 90 Stat. 2743, in the event of conflict or
inconsistency with the act of August 28, 1937, sections 1181a to 1181j
of this title, insofar as relating to management of timber resources,
etc., not to supersede, see section 701 of Pub. L. 94-579, set out as a
note under section 1701 of this title.
Lease of Small Tracts for Residential, Recreational, or Community Site
Purposes
Lease of small tracts of the lands described in this section for
residential, recreational, or community site purposes, and conditions
with respect thereto, see section 682e of this title.
Section Referred to in Other Sections
This section is referred to in sections 1181b, 1181d, 1181e, 1181f,
1181f-4, 1181i, 1735, 1752 of this title; title 30 sections 601, 603.
