78 STAT. ]
PUBLIC LAW 88-657-OCT. 13, 1964
1089
Public Law 88-657 AN ACT
October 13, 1964
To enable the Secretary of Agriculture to construct and maintain an adequate system of roads and trails for the national forests, and for other purposes.
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Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress ^^^°^^^^^^^-l' hereby finds and declares that the construction and maintenance of system.^ ^" an adequate system of roads and trails within and near the national forests and other lands administered by the Forest Service is essential if increasing demands for timber, recreation, and other uses of such lands are to oe met; that the existence of such a system would have the effect, among other things, of increasing the value of timber and other resources tributary to such roads; and that such a system is essential to enable the Secretary of Agriculture (hereinafter called the Secretary) to provide for intensive use, protection, development, and management of these lands under principles of multiple use and sustained yield of products and services. SEC. 2. The Secretary is authorized, under such regulations as he may Easements. Secretary of prescribe, subject to the provisions of this Act, to grant permanent or Agrlcult^e, temporary easements for specified periods or otherwise for road rights- authority. of-way (1) over national forest lands 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. SEC. 3. An easement granted under this Act may be terminated by consent of the owner of the easement, by condemnation, or after a fiveyear period of nonuse the Secretary may, if he finds the owner has abandoned the easement, make a determination to cancel it. Before the Secretary may cancel an easement for nonuse the owner 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. SEC. 4. The Secretary is authorized to provide for the acc[uisition, „e^7ro^idt^^^^°^" construction, and maintenance of forest development roads within and '"^" near the national forests 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 thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers of national forest 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, or (4) by a combination of these methods: Provuted, 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 timber and other products shall not be required to bear that part of the costs necessary to meet such higher standard, and the Secretary is authorized to make such arrangements to this end as may be appropriate. SEC. 5. Copies of all instruments affecting permanent interests in reJordin"^"* land executed pursuant to this Act 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 of the Interior.
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