Sec. 8509. Special forest products program

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In this section: The term forest botanical product means any naturally occurring mushroom, fungus, flower, seed, root, bark, leaf, berry, bough, bryophyte, bulb, burl, cone, epiphyte, fern, forb, grass, moss, nut, pine straw, sedge, shrub, transplant, tree sap, or other vegetation (or portion thereof) that grows on National Forest System land. The term forest botanical product does not include trees, or portions of trees, except as provided in regulations issued under section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 ( 16 U.S.C. 528 note;

Public Law 106–113 ), by the Secretary before the date of enactment of this Act. The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). The Secretary, acting through the Chief of the Forest Service, shall establish and carry out a program to charge and collect fees under subsection

(c)for forest botanical products harvested on National Forest System land. The Secretary, acting through the Chief of the Forest Service, shall establish a fee system based on fair market value for forest botanical products harvested on National Forest System land. The Secretary shall charge and collect fees from persons who harvest forest botanical products on National Forest System land. The fees collected under paragraph

(1)shall be based on the fair market value of the harvested forest botanical products described in that paragraph and the costs incurred by the Secretary associated with the administration of the program under this section, including the costs of granting, modifying, monitoring, and other environmental or other analyses. The Secretary, acting through the Chief of the Forest Service, may require a person assessed a fee under this subsection to provide security to ensure that the Secretary receives the fees imposed under this subsection from the person. The Secretary, acting through the Chief of the Forest Service, shall— conduct appropriate analyses to determine whether and how the harvest of forest botanical products on National Forest System land can be conducted on a sustainable basis; and establish procedures and timeframes to monitor and revise the harvest levels established for forest botanical products. The Secretary, acting through the Chief of the Forest Service, may not permit under the program under this section the harvest of forest botanical products on National Forest System land at levels in excess of the sustained yield of the several products and services (as defined in section 4 of the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 531 )). The Secretary, acting through the Chief of the Forest Service, shall establish a personal use harvest level for each forest botanical product, and the harvest of a forest botanical product below that level by a person for personal use shall not be subject to charges and fees under subsections

(b)and (c). The Secretary, acting through the Chief of the Forest Service, may also waive the application of subsection

(b)or

(c)pursuant to such regulations as the Secretary may prescribe. Funds collected under the program in accordance with subsections

(b)and

(c)shall be deposited into a special account in the United States Treasury. Funds deposited into the special account in accordance with paragraph

(1)shall remain available until expended without further appropriation. The funds made available under paragraph

(2)shall be expended at units of the National Forest System in proportion to the charges and fees collected at that unit under the program under this section to pay for— the costs of conducting inventories of forest botanical products, determining sustainable levels of harvest, monitoring and assessing the impacts of harvest levels and methods, and for restoration activities, including any necessary revegetation; and the costs described in subsection (c)(2). Funds collected under the program in accordance with subsections

(b)and

(c)shall not be taken into account for the purposes of the following laws: The sixth paragraph under the heading in the Act of May 23, 1908 (35 Stat. 260, chapter 192; forest service 16 U.S.C. 500 ), and section 13 of the Act of March 1, 1911 (commonly known as the Weeks Act ) (36 Stat. 963, chapter 186; 16 U.S.C. 500 ). The fourteenth paragraph under the heading in the Act of March 4, 1913 (37 Stat. 843, chapter 145; forest service 16 U.S.C. 501 ). Section 33 of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1012 ). The Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 2601 et seq. ), and the Act of May 24, 1939 (53 Stat. 753, chapter 144; 43 U.S.C. 2621 et seq. ). Section 6 of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (44 Stat. 741, chapter 578; 73 Stat. 111; 43 U.S.C. 869–4 ). Chapter 69 of title 31, United States Code. Section 401 of the Act of June 15, 1935 (49 Stat. 383, chapter 261; 16 U.S.C. 715s ). Section 100904 of title 54, United States Code. Any other provision of law relating to revenue allocation. As soon as practicable after the end of each fiscal year in which the Secretary collects charges and fees under the program in accordance with subsections

(b)and

(c)or expends funds from the special account under subsection (f), the Secretary, acting through the Chief of the Forest Service, shall submit to Congress a report summarizing the activities of the Secretary under the program under this section, including— the funds collected under the program in accordance with subsections

(a)and (b); the expenses incurred to carry out the program under this section; and the expenditures made from the special account during that fiscal year.

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