[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1439 Introduced in House (IH)]

  1st Session
                                H. R. 1439

  To amend the National Forest Management Act of 1976 to require the 
timber sale program conducted by the Forest Service on National Forest 
 System lands to be financed only by receipts from the sale of timber 
                           under the program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 1995

 Mr. Metcalf introduced the following bill; which was referred to the 
     Committee on Agriculture, and in addition to the Committee on 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the National Forest Management Act of 1976 to require the 
timber sale program conducted by the Forest Service on National Forest 
 System lands to be financed only by receipts from the sale of timber 
                           under the program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Timber Sale Financial Accountability 
Act of 1995''.

SEC. 2. RELIANCE ON FOREST SERVICE TIMBER SALE RECEIPTS TO FUND TIMBER 
              SALES.

    (a) Timber Receipts To Cover Costs.--Section 14 of the National 
Forest Management Act of 1976 (16 U.S.C. 472a) is amended by adding at 
the end the following new subsection:
    ``(j) Use of Timber Receipts To Cover Sale Costs.--
            ``(1) Timber receipts fund.--There is hereby established in 
        the Treasury of the United States a fund to be known as the 
        `National Forest System Timber Receipts Fund' and consisting of 
        receipts from the sale of trees, portions of trees, and forest 
        products located on National Forest System lands. The Fund 
        shall consist of two accounts, one account for units of the 
        National Forest System located east of the Mississippi River 
        and the other account for units located west of the Mississippi 
        River and in Alaska. Amounts in the two accounts may not be 
        commingled. Amounts in the Fund are to be available until 
        expended.
            ``(2) Use of fund.--Amounts in an account of the Fund shall 
        be available, in such amounts as are provided in advance in 
        appropriation Acts, to the Secretary of Agriculture for the 
        purpose of covering the cost to the United States--
                    ``(A) for design, engineering, and supervision of 
                the construction of roads needed in connection with 
                timber sales conducted under this section in units of 
                the National Forest System covered by the account; and
                    ``(B) for Forest Service preparation, 
                advertisement, offering, awarding, and supervision of 
                the operation of such timber sales.
            ``(3) Reliance on fund.--The Fund shall be the sole source 
        of amounts for the activities specified in paragraph (2), and 
        amounts otherwise appropriated or made available to the 
        Secretary or the Forest Service in appropriation Acts may not 
        be obligated or expended for such activities.
            ``(4) Effect on other laws.--Except as provided in 
        paragraph (5), the following provisions of law shall not apply 
        to receipts from the sale of trees, portions of trees, and 
        forest products located on National Forest System lands:
                    ``(A) The fifth paragraph under the heading 
                ``FOREST SERVICE'' in the Act of March 4, 1907 (34 
                Stat. 1270; 16 U.S.C. 499).
                    ``(B) The fourth sentence in section 9 of the Act 
                of June 7, 1924 (43 Stat. 655; 16 U.S.C. 499; commonly 
                known as the Clarke-McNary Act).
                    ``(C) The sixth paragraph under the heading 
                ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat. 
                260; 16 U.S.C. 500).
                    ``(D) Section 13 of the Act of March 1, 1911 (36 
                Stat. 963; 16 U.S.C. 500; commonly known as the Weeks 
                Act).
                    ``(E) The sixth paragraph under the heading 
                ``administrative provisions, forest service'' in title 
                II of the Department of the Interior and Related 
                Agencies Appropriations Act, 1993 (Public Law 102-381; 
                106 Stat. 1400; 16 U.S.C. 500 note).
                    ``(F) The fourteenth paragraph under the heading 
                ``FOREST SERVICE'' of the Act of March 4, 1913 (37 
                Stat. 843; 16 U.S.C. 501).
            ``(5) Excess amounts.--Amounts in the Fund determined by 
        the Secretary to be in excess of the cost of accomplishing the 
        activities specified in paragraph (2) shall be transferred to 
        miscellaneous receipts in the Treasury of the United States. 
        Amounts transferred shall be considered as moneys received from 
        the national forests within the meaning of the sixth paragraph 
        under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 
        (35 Stat. 260; 16 U.S.C. 500), section 13 of the Act of March 
        1, 1911 (36 Stat. 963; 16 U.S.C. 500; commonly known as the 
        Weeks Act), and the fourteenth paragraph under the heading 
        ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 
        16 U.S.C. 501).''.
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subsection (h)--
                    (A) by striking ``in a designated fund'' in the 
                third sentence and inserting ``in the National Forest 
                System Timber Receipts Fund established under 
                subsection (j),''; and
                    (B) by striking the last sentence, including the 
                provisos; and
            (2) in subsection (i)(2), by striking ``, and such 
        additional sums as may be appropriated for the construction of 
        roads''.
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