US (United States) Code. Title 16. Chapter 2: National Forests

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 2 - NATIONAL FORESTS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

.

-HEAD-

CHAPTER 2 - NATIONAL FORESTS

-MISC1-

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

Sec.

471. Repealed.

471a. Forest reserves in New Mexico and Arizona restricted.

471b. Repealed.

471c. Lands in California set aside as reserved forest lands.

471d. Additional forest reserves in California.

471e. Extension of boundaries of Sequoia National Forest.

471f. Cradle of Forestry in America in Pisgah National Forest;

establishment; statement of purposes; publication in Federal

Register.

471g. Administration, protection, and development; use of natural

resources.

471h. Cooperation with public and private agencies, organizations,

and individuals; acceptance of contributions and gifts.

471i. Pine Barrens Area, New Jersey.

(a) Congressional findings.

(b) Purposes.

(c) Pinelands National Reserve and Federal Project

Review Area; establishment; map, availability.

(d) State planning entity for development of

comprehensive management plan; membership;

representation of interests; assistance and

grants to State.

(e) Planning entity consultations; public hearings.

(f) Comprehensive management plan; terms and

provisions; resource assessment; boundary map,

delineations; land use map and policy

statement; coordination and consistency, public

use, and financial components; programs; water

implementation plan.

(g) Comprehensive management plan and revisions;

approval by Secretary; submission to Congress;

approval considerations; disapproval and

revision recommendations, notification;

resubmission and consideration; Federal

assistance, termination; modifications and

revisions; reimbursement.

(h) Grants for State acquisition of property;

Secretary's acquisition and administration of

property; conveyance by Secretary, terms and

conditions; State reimbursement; grant

authorization and applications; limitation.

(i) Applications for Federal construction assistance;

review by planning entity; notifications;

commencement of review process.

(j) Federal action pursuant to Federal court or

agency orders related to public health or

safety, national security or defense, or

environmental values unaffected.

(k) Authorization of appropriations; sources for

appropriations; acquisitions consistent with

management plan.

(l) Pinelands interpretative and educational program;

Interior Department study and recommendations.

471j. Headwaters Forest and Elk River Property acquisition.

(a) Authorization.

(b) Effective period of authorization.

(c) Acquisition.

(d) Habitat conservation plan.

(e) Payment to Humboldt County.

(f) Payment in lieu of taxes.

(g) Out-year budget limitations.

(h) Headwaters Forest Management Trust.

(i) Management plan.

(j) Cooperative management.

472. Laws affecting national forest lands.

472a. Timber sales on National Forest System lands.

(a) Authorization; rules and regulations; appraised

value as minimum sale price.

(b) Designation on map; prospectus.

(c) Terms and conditions of contract.

(d) Advertisement of sales; exceptions.

(e) Bidding methods; purposes; oral auction

procedures; monitoring and enforcement for

prevention of collusive practices.

(f) Research and demonstration projects.

(g) Designation, marking, and supervision of

harvesting; personnel.

(h) Utilization standards, methods of measurement,

and harvesting practices; monetary deposits by

purchasers of salvage harvests; nature,

purposes and availability of designated fund;

return of surplus to Treasury.

(i) Purchaser credit for permanent road construction;

right of election of small business concerns;

estimated cost; date of completion; use of

funds for construction; effective date.

473. Revocation, modification, or vacation of orders or

proclamations establishing national forests.

474. Surveys; plats and field notes; maps; effect under Act June 4,

1897.

475. Purposes for which national forests may be established and

administered.

476. Repealed.

477. Use of timber and stone by settlers.

478. Egress or ingress of actual settlers; prospecting.

478a. Townsites.

479. Sites for schools and churches.

479a. Conveyance of National Forest System lands for educational

purposes.

(a) Authority to convey.

(b) Acreage limitation.

(c) Costs and mineral rights.

(d) Review of applications.

(e) Reversionary interest.

480. Civil and criminal jurisdiction.

481. Use of waters.

482. Mineral lands; restoration to public domain; location and

entry.

482a. Mining rights in Prescott National Forest.

482b. Mount Hood National Forest; mining rights.

482c. Patents affecting forest lands.

482d. Perfection of claims within forest.

482e. Lincoln National Forest; mining rights.

482f. Patents affecting forest lands.

482g. Perfection of claims within forest.

482h. Coronado National Forest; mining rights.

482h-1. Protection of scenic values of forest.

482h-2. Cutting of timber; reservation of patent rights.

482h-3. Perfection of mining claims.

482i. Plumas National Forest; offer of lands; additions; mining

rights.

482j. Santa Fe National Forest; mining rights; protection of scenic

values.

482k. Patents affecting forest lands.

482l. Perfection of mining claims within forest.

482m. Teton National Forest in Wyoming; additional lands.

482n. Coconino National Forest; mining rights; protection of scenic

values.

482n-1. Cutting of timber within forest; reservation of patent

rights.

482n-2. Perfection of mining claims within forest.

482n-3. Sedona-Oak Creek area.

482o. Kaibab National Forest; mining rights; protection of scenic

values.

482p. Patents affecting lands within forest.

482q. Perfection of mining claims within forest.

483, 484. Repealed.

484a. Exchange of lands in national forests; public schools;

deposit of funds by school authority with insufficient exchange

land; limitations on use.

485. Exchange of lands in national forests; cutting timber in

national forests in exchange for lands therein.

485a. Omitted.

486. Exchange of lands in national forests; reservations of timber,

minerals, or easements.

486a to 486w. Omitted.

487. Cutting timber on land added to Siskiyou National Forest.

487a. Cutting timber on lands added to Rogue River National Forest.

488. Establishment of exterior boundaries of national forests.

489. Repealed.

490. Deposits from timber purchasers to defray cost of disposing of

debris.

491. Omitted.

492. Earth, stone, and timber for Departments of the Army and Navy,

and Government works in Alaska.

493. Omitted.

494. Calaveras Bigtree National Forest.

495. Leases of lands for sanitariums or hotels.

496. Disposition of funds.

497. Use and occupation of lands for hotels, resorts, summer homes,

stores, and facilities for industrial, commercial, educational or

public uses.

497a. Occupancy and use under permit of lands in Alaska for various

purposes; period of permit; size of allotment; prohibitions;

termination.

497b. Ski area permits.

(a) Law applicable to permits.

(b) Authority.

(c) Rules and regulations.

(d) Construction with Secretary's duties under other

laws.

497c. Ski area permit rental charge.

(a) In general.

(b) Formula.

(c) Payment.

(d) Effective date.

(e) Non-national forest land operations.

(f) ''Revenue'' and ''sales'' defined; limitation.

(g) Minimum rental charge.

(h) Five-year phase-in of increase.

(i) Construction with National Environmental Policy

Act of 1969.

(j) Withdrawal from mining laws.

497d. Recreation residence fees.

498. Cooperative work agreements: disposal of moneys received;

refund of excess; payment from appropriation; conflict of

interest.

499. Disposal of money received by or on account of Forest Service;

refund of excess and moneys erroneously collected; receipts from

permits.

500. Payment and evaluation of receipts to State or Territory for

schools and roads; moneys received; projections of revenues and

estimated payments.

501. Expenditures from receipts for roads and trails; cooperation

with State authorities; evaluation of receipts.

501a. Omitted.

502. Rental of property for Forest Service; forage, care, and

housing of animals; storage of vehicles and other equipment; pack

stock; loss, damage, or destruction of horses, vehicles, and

other equipment.

503, 503a. Repealed or Omitted.

504. Purchases of tree seeds, cones, forage plant seed, and nursery

stock for national forests.

504a. Sale of forest-tree seed and nursery stock to States and

political subdivisions; disposition of moneys; exchanges;

limitation.

505. Use of national forests established on land reserved for

purposes of national defense; maintenance available.

505a. Interchange of lands between Department of Agriculture and

military departments of Department of Defense; report to

Congress.

505b. Laws applicable.

506 to 508a. Repealed or Omitted.

508b. National forests in Minnesota; authority to prospect,

develop, mine, remove, and utilize mineral resources.

509 to 510a. Repealed or Omitted.

511. Reinstatement of entries canceled or relinquished.

512 to 514. Omitted or Repealed.

515. Examination, location, and purchase of forested, cut-over, or

denuded lands; consent of State legislature to acquisition of

land by the United States.

516. Exchange of lands in the public interest; equal value; cutting

and removing timber; publication of contemplated exchange.

517. Title to lands to be acquired.

517a. Payment of awards in condemnation proceedings.

518. Acquisition of lands not defeated by rights-of-way, easements,

and reservations.

519. Agricultural lands included in tracts acquired; sale for

homesteads.

519a. Transfer of forest reservation lands for military purposes.

520. Regulations as to mineral resources.

521. Lands acquired to be reserved, held, and administered as

national forest lands; designation.

521a. Administration, management, and consolidation of certain

lands.

521b. Report of Secretary of Agriculture prior to purchase or

exchange of land; contents; waiting period.

521c. Definitions.

521d. Sale, exchange, or interchange of National Forest System

land.

521e. Small parcels and road rights-of-way.

521f. Costs of conveyance and value of improvements.

521g. Road rights-of-way subject to State or local law.

521h. Regulations; contents.

521i. Unaffected lands.

522. Omitted.

523. Rights-of-way through national forests for power and

communications facilities.

524. Rights-of-way for dams, reservoirs, or water plants for

municipal, mining, and milling purposes.

525. Rights-of-way for wagon roads or railroads.

526. Establishment and protection of water rights.

527. Use of Forest Service funds for administration of certain

lands.

528. Development and administration of renewable surface resources

for multiple use and sustained yield of products and services;

Congressional declaration of policy and purpose.

529. Authorization of development and administration consideration

to relative values of resources; areas of wilderness.

530. Cooperation for purposes of development and administration

with State and local governmental agencies and others.

531. Definitions.

532. Roads and trails system; Congressional findings and

declaration of policy.

533. Grant of easements for road rights-of-way; authority of

Secretary of Agriculture; regulations.

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

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.

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.

(b) Construction of roads by timber purchasers.

(c) Special election by small business concerns.

(d) Authorization of harvesting.

(e) Construction standard.

(f) Treatment of road value.

(g) Effective date.

536. Recording of instruments; furnishing of instruments affecting

public domain lands to Secretary 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.

538. User fees fund for delayed payments to grantors.

539. Additions to existing national forests; administration.

539a. Mining and mineral leasing on certain national forest lands.

539b. Fisheries on national forest lands in Alaska.

(a) Regulations for protection and maintenance of

habitats.

(b) Approved plan for mining operations;

requirements; review; modification; suspension

of activities.

(c) Authority of State of Alaska to manage fish and

wildlife.

(d) Authority of Secretary of Agriculture to manage

national forests.

539c. Cooperative fisheries planning; report to Congress.

539d. National forest timber utilization program.

(a) Tongass National Forest timber supply;

satisfaction of certain market demands.

(b) Insured and guaranteed loan program for

purchasers of national forests materials in

Alaska; authorization of appropriations.

(c) Study on increase of timber yields on national

forest lands in Alaska; transmittal to

Congress.

(d) Identification of lands not suited for timber

production; consideration of economic factors

unnecessary.

(e) Protection of riparian habitat; maintenance of

buffer zones in Tongass National Forest;

relocation of prior independent sale or

released volume.

(f) Timber supply from Tongass National Forest for

purchasers qualifying as ''small business

concerns''.

539e. Reports.

(a) Timber supply and demand in southeastern Alaska.

(b) Status of Tongass National Forest in southeastern

Alaska; contents.

(c) Cooperation and consultation.

539f. Nonprofit organization user of national forest lands.

(a) Permits for organization camps; waiver of

charges; performance of services; loss of

entitlement.

(b) ''Other nonprofit organization'' defined.

539g. Kings River Special Management Area.

(a) Establishment.

(b) Area included.

(c) Administration.

(d) Mining and mineral leasing.

(e) Hunting and fishing.

(f) Management plan.

(g) Access to private lands.

(h) Specific protections.

539h. Greer Spring Special Management Area.

(a) Objectives and establishments.

(b) Area included.

(c) Timber harvesting.

(d) Hunting and fishing.

(e) Mining and mineral leasing.

(f) Vehicular access.

539i. Fossil Ridge Recreation Management Area.

(a) Establishment.

(b) Administration.

(c) Withdrawal.

(d) Timber harvesting.

(e) Livestock grazing.

(f) Development.

(g) Off-road recreation.

539j. Bowen Gulch Protection Area.

(a) Establishment.

(b) Administration.

(c) Withdrawal.

(d) Development.

(e) Timber harvesting.

(f) Motorized travel.

(g) Management plan.

539k. Kelly Butte Special Management Area.

(a) Establishment.

(b) Management.

(c) No buffer zones.

539l. Designation of James Peak Protection Area, Colorado.

(a) Findings and purpose.

(b) Designation.

(c) Map and boundary description.

(d) Management.

(e) Issues related to water.

539l-1. Inholdings.

(a) State Land Board lands.

(b) Jim Creek inholding.

(c) Report.

(d) Management of acquisitions.

539l-2. James Peak Fall River trailhead.

(a) Services and facilities.

(b) Personnel.

(c) Consultation.

(d) Report.

539l-3. Loop trail study; authorization.

(a) Study.

(b) Establishment.

539l-4. Other administrative provisions.

(a) Buffer zones.

(b) Rollins Pass Road.

539l-5. Wilderness potential.

(a) In general.

(b) Evaluation of certain lands.

SUBCHAPTER II - SCENIC AREAS

541. Cascade Head Scenic-Research Area; establishment.

541a. Administration, protection, development, and regulation of

use.

541b. Boundaries of scenic-research area; adjustments to subarea

boundaries; development of management plan; establishment of

subareas; management objectives.

(a) Boundaries; adjustments to boundaries of

subareas.

(b) Management plan; development; time; contents.

(c) Subareas; establishment; management objectives.

541c. Extension of boundaries of Siuslaw National Forest; transfer

of Federal property to Secretary.

541d. Acquisition of property within the scenic-research area;

consent of owner; substantial change in use or maintenance of

property.

(a) Acquisition of lands, waters and interests by

donation, purchase, etc.

(b) Consent of owner for acquisition of lands in

subareas; exceptions; guidelines for

determination of substantial change in land use

or maintenance.

(c) Substantial change in land use or maintenance;

notice by owner; time; manner.

541e. Availability of funds for acquisition of lands, etc., within

added area.

541f. Withdrawal from location, entry and patent under mining laws;

withdrawal from disposition under mineral leasing laws.

541g. Advisory council for scenic-research area; membership;

designation of chairman; compensation; consultation by Secretary.

(a) Advisory council; establishment; consultation;

members; term; appointment.

(b) Chairman; vacancies.

(c) Compensation; reimbursement for expenses.

(d) Consultation by Secretary with private groups,

etc.; cooperation with other Federal, State,

etc., agencies and organizations.

541h. Cooperation with State of Oregon in administration and

protection of lands; civil and criminal jurisdiction; power of

taxation.

542. Langmuir Research Site; establishment.

542a. Congressional findings.

542b. Administration, protection, and regulation of use.

542c. Land use agreement.

542d. Comprehensive management plan.

(a) Boundaries.

(b) Development of plan.

(c) Adjustment in boundaries.

(d) Consultation with other public interest groups.

(e) Objectives of plan.

(f) Management of site in accordance with the

objectives.

543. Mono Basin National Forest Scenic Area; establishment.

543a. Extension of National Forest boundary.

543b. Acquisition of lands.

(a) Authority of Secretary; exceptions.

(b) Guidelines; detrimental or incompatible use.

(c) Preparation of environmental assessments.

543c. Administration.

(a) Scenic Area and other lands to be administered as

part of Inyo National Forest.

(b) Water rights; protection of geologic, ecologic,

and cultural resources; recreational use of

Scenic Area; related facilities and programs;

scientific study and research; commercial

timber harvesting.

(c) Grazing permits.

(d) Cooperative agreements.

(e) Management plan.

(f) Visitor center.

(g) Withdrawal of lands from operation of other

Federal laws; regulation of mining claims.

(h) Water rights.

(i) Rights-of-way of city of Los Angeles.

(j) Existing community recreational uses.

543d. Ecological studies; reports to Congressional committees and

to Chief of Forest Service; progress reports.

543e. Scenic Area Advisory Board.

(a) Establishment; consultations with Secretary.

(b) Composition and selection.

(c) Terms of appointment.

(d) Initial appointment; Chairman.

(e) Annual meetings and consultations with Secretary

or designee.

(f) Compensation; expenses.

(g) Vacancies.

(h) Quorum.

(i) Termination.

543f. Traditional Native American uses.

543g. Authorization of appropriations.

543h. New spending authority.

544. Columbia River Gorge National Scenic Area; definitions.

544a. Purposes.

544b. Establishment of scenic area.

(a) National scenic area.

(b) Special management areas.

(c) Revision of special management area boundaries.

(d) Dodson/Warrendale Special Purchase Unit.

(e) Urban areas.

(f) Revision of urban area boundaries.

544c. Columbia River Gorge Commission.

(a) Establishment and membership of Commission.

(b) Applicable law.

(c) Assistance to Commission.

(d) Advisory committees.

544d. Scenic area management plan.

(a) Studies.

(b) Land use designations.

(c) Adoption of management plan.

(d) Standards for management plan.

(e) Agency consultation and public involvement.

(f) Concurrence of management plan.

(g) Revision of plan.

(h) Amendment of plan.

544e. Administration of scenic area.

(a) Management of scenic area.

(b) Adoption of scenic area land use ordinances.

(c) Commission land use ordinances.

(d) Construction of facilities.

544f. Administration of special management areas.

(a) Administration of Federal lands.

(b) Withdrawal of Federal lands.

(c) Resource inventory.

(d) Recreation assessment.

(e) Land use designations.

(f) Guidelines for land use ordinances.

(h) Adoption of special management area land use

ordinances.

(i) Review by Commission.

(j) Concurrence by Secretary.

(k) Commission reconsideration.

(l) Commission ordinances.

(m) Subsequent compliance.

(n) Effect of Secretary's non-concurrence.

(o) Special rules.

544g. Land acquisition.

(a) Acquisition authorized.

(b) Limitations on eminent domain.

(c) Hardship cases.

(d) Land exchanges.

(e) Appraisals.

(f) Authorization for certain land exchanges.

(g) Boundaries.

544h. Interim management.

(a) Interim guidelines.

(b) Interim acquisition authority and injunctive

relief.

(c) Review of development action.

544i. Economic development.

(a) Economic development plan.

(b) Funds provided to States for grants.

(c) Conditions of grants.

(d) Report.

544j. Old Columbia River Highway.

544k. Tributary rivers and streams.

(a) Water resources projects.

(b) Exceptions.

544l. Implementation measures.

(a) Assistance to counties.

(b) Payment of timber receipts.

(c) Payments to local governments.

(d) Federal consistency.

(e) Limitations on Federal expenditures affecting the

scenic area.

(f) Transfer of public lands.

544m. Enforcement.

(a) Administrative remedies.

(b) Judicial remedies.

544n. Authorization of appropriations.

(a) General authorizations.

(b) Specific authorizations.

(c) Availability of funds.

544o. Savings provisions.

(a) Effect on rights of Indians, use of water, rivers

and streams, interstate compacts, existing

transmission facilities, hunting and fishing,

forest plans, scenic areas.

(b) Improvement of navigation facilities at

Bonneville Dam.

(c) Rights and responsibilities of non-Federal timber

land owners.

(d) Interstate compacts.

(e) Failure to establish Columbia River Gorge

Commission; responsibility of Secretary.

(f) Actions of Secretary as major Federal actions

affecting the environment.

544p. Severability.

545. Mount Pleasant National Scenic Area; purposes.

545a. Establishment of Mount Pleasant National Scenic Area.

(a) In general.

(b) Administration.

(c) Roads.

(d) Vegetation management.

(e) Motorized travel.

(f) Fire.

(g) Insects and disease.

(h) Water.

(i) Mining withdrawal.

545b. Opal Creek Wilderness and Scenic Recreation Area.

(a) Definitions.

(b) Purposes.

(c) Establishment.

(d) Administration.

(e) Advisory council.

(f) General provisions.

(g) Rosboro land exchange.

(h) Omitted.

(i) Economic development.

546. Establishment of Saint Helena Island National Scenic Area,

Michigan.

(a) Purpose.

(b) Establishment.

(c) Effective upon conveyance.

546a. Boundaries.

(a) Saint Helena Island.

(b) Boundaries of Hiawatha National Forest extended.

(c) Payments to local governments.

546a-1. Administration and management.

(a) Administration.

(b) Special management requirements.

(c) Consultation.

546a-2. Fish and game.

546a-3. Minerals.

546a-4. Acquisition.

(a) Acquisition of lands within the scenic area.

(b) Acquisition of other lands.

546a-5. Authorization of appropriations.

(a) Acquisition of lands.

(b) Other purposes.

-CITE-

16 USC SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

.

-HEAD-

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-CITE-

16 USC Sec. 471 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, acts Mar. 3, 1891, ch. 561, Sec. 24, 26 Stat. 1103; Mar.

4, 1907, ch. 2907, 34 Stat. 1271; June 25, 1910, ch. 421, Sec. 2,

36 Stat. 847; Aug. 24, 1912, ch. 369, 37 Stat. 497; June 7, 1924,

ch. 348, Sec. 9 (first and fifth sentences), 43 Stat. 655, provided

for establishment of national forests by the President, limited

inclusion of lands in certain States, and authorized addition of

lands suitable for production of timber.

Act Mar. 4, 1907, cited above, was not repealed by Pub. L.

94-579.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that this section is

repealed effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

note set out under section 1701 of Title 43, Public Lands.

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16 USC Sec. 471a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471a. Forest reserves in New Mexico and Arizona restricted

-STATUTE-

No forest reservation shall be created, nor shall any additions

be made to one created prior to June 15, 1926, within the limits of

the States of New Mexico and Arizona except by Act of Congress.

-SOURCE-

(June 15, 1926, ch. 587, 44 Stat. 745.)

-REFTEXT-

REFERENCES IN TEXT

Forest reservation, referred to in text, probably should be

''national forest''. See act Mar. 4, 1907, ch. 2907, 34 Stat.

1269, which provided that forest reserves shall hereafter be known

as national forests.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 698v-2 of this title.

-CITE-

16 USC Sec. 471b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471b. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, act July 20, 1939, ch. 334, Sec. 1, 53 Stat. 1071,

authorized addition of lands within State of Montana to existing or

inclusion within new national forests.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that this section is

repealed effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

note set out under section 1701 of Title 43, Public Lands.

-CITE-

16 USC Sec. 471c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471c. Lands in California set aside as reserved forest lands

-STATUTE-

The tracts of land in the State of California known and described

as follows: Commencing at the northwest corner of township 2 north,

range 19 east Mount Diablo meridian, thence eastwardly on the line

between townships 2 and 3 north, ranges 24 and 25 east; thence

southwardly on the line between ranges 24 and 25 east to the Mount

Diablo base line; thence eastwardly on said base line to the corner

to township 1 south, ranges 25 and 26 east; thence southwardly on

the line between ranges 25 and 26 east to the southeast corner of

township 2 south, range 25 east; thence eastwardly on the line

between townships 2 and 3 south, range 26 east to the corner to

townships 2 and 3 south, ranges 26 and 27 east; thence southwardly

on the line between ranges 26 and 27 east to the first standard

parallel south; thence westwardly on the first standard parallel

south to the southwest corner of township 4 south, range 19 east;

thence northwardly on the line between ranges 18 and 19 east to the

northwest corner of township 2 south, range 19 east; thence

westwardly on the line between townships 1 and 2 south to the

southwest corner of township 1 south, range 19 east; thence

northwardly on the line between ranges 18 and 19 east to the

northwest corner of township 2 north, range 19 east, the place of

beginning, are reserved and withdrawn from settlement, occupancy,

or sale under the laws of the United States, and set apart as

reserved forest lands; and all persons who shall locate or settle

upon, or occupy the same or any part thereof, except as hereinafter

provided, shall be considered trespassers and removed therefrom.

Nothing in this section and sections 55, 61, and 471d of this title

shall be construed as in anywise affecting any bona fide entry of

land made within the limits above described under any law of the

United States prior to October 1, 1890.

-SOURCE-

(Oct. 1, 1890, ch. 1263, Sec. 1, 26 Stat. 650.)

-COD-

CODIFICATION

Section was formerly set out as section 44 of this title. As

originally enacted, this section contained two further provisions

that ''nothing in this act shall be construed as in any wise

affecting the grant of lands made to the State of California by

virtue of the act entitled 'An act authorizing a grant to the State

of California of the Yosemite Valley, and of the land' embracing

the Mariposa Big-Tree Grove, approved June thirtieth, eighteen

hundred and sixty-four; or as affecting any bona-fide entry of land

made within the limits above described under any law of the United

States prior to the approval of this act.'' The first quoted

provision was omitted from the Code because the land, granted to

the state of California pursuant to the Act cited, was receded to

the United States. Resolution June 11, 1906, No. 27, accepted the

recession.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46, 48, 51, 471d of this

title.

-CITE-

16 USC Sec. 471d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471d. Additional forest reserves in California

-STATUTE-

There is reserved and withdrawn from settlement, occupancy or

sale under the laws of the United States, and set apart as reserved

forest lands, as provided in section 471c of this title, and

subject to all the limitations and provisions therein contained,

the following lands, to wit: Township 17 south, range 30 east of

the Mount Diablo meridian, excepting sections 31, 32, 33, and 34 of

said township, included in section 41 of this title. And there is

also reserved and withdrawn from settlement, occupancy or sale

under the laws of the United States, and set apart as forest lands,

subject to like limitations, conditions, and provisions, all of

townships 15 and 16 south, of ranges 29 and 30 east of the Mount

Diablo meridian. And there is also reserved and withdrawn from

settlement, occupancy or sale under the laws of the United States,

and set apart as reserved forest lands under like limitations,

restrictions, and provisions, sections 5 and 6 in township 14

south, range 28, east of Mount Diablo meridian, and also sections

31 and 32 of township 13 south, range 28 east of the same

meridian. Nothing in this section or sections 55, 61, and 471c of

this title, shall authorize rules or contracts touching the

protection and improvement of said reservations, beyond the sums

that may be received by the Secretary of the Interior under the

foregoing provisions, or authorize any charge against the Treasury

of the United States.

-SOURCE-

(Oct. 1, 1890, ch. 1263, Sec. 3, 26 Stat. 651.)

-COD-

CODIFICATION

Section was formerly classified to section 45 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46, 48, 51, 471c of this

title.

-CITE-

16 USC Sec. 471e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471e. Extension of boundaries of Sequoia National Forest

-STATUTE-

Subject to existing valid claims, the boundaries of the Sequoia

National Forest, California, be, and they are, extended to include

the following described lands, which shall hereafter be subject to

the laws, rules, and regulations relating to said national forest:

Southwest quarter, southwest quarter section 7; section 16 and

section 17; east half northeast quarter, southwest quarter,

northeast quarter, southeast quarter, northwest quarter, east half

southeast quarter section 18; east half northwest quarter,

northwest quarter northwest quarter, northeast quarter section 20;

northwest quarter northwest quarter section 21; and tract numbered

48 in the southeast quarter section 28, all in township 21 south,

range 31 east, of the Mount Diablo meridian in California.

-SOURCE-

(Dec. 9, 1942, ch. 712, 56 Stat. 1044.)

-CITE-

16 USC Sec. 471f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471f. Cradle of Forestry in America in Pisgah National Forest;

establishment; statement of purposes; publication in Federal

Register

-STATUTE-

In order to preserve, develop, and make available to this and

future generations the birthplace of forestry and forestry

education in America and to promote, demonstrate, and stimulate

interest in and knowledge of the management of forest lands under

principles of multiple use and sustained yield and the development

and progress of management of forest lands in America, the

Secretary of Agriculture is hereby authorized to establish the

Cradle of Forestry in America in the Pisgah National Forest, North

Carolina. As soon as possible after July 11, 1968, the Secretary of

Agriculture shall publish notice of the designation thereof in the

Federal Register together with a map showing the boundaries which

shall be those shown on the map entitled ''Cradle of Forestry in

America'' dated April 12, 1967, which shall be on file and

available for public inspection in the office of the Chief, Forest

Service, Department of Agriculture.

-SOURCE-

(Pub. L. 90-398, Sec. 1, July 11, 1968, 82 Stat. 342.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 471g, 471h of this title.

-CITE-

16 USC Sec. 471g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471g. Administration, protection, and development; use of

natural resources

-STATUTE-

The area designated as the Cradle of Forestry in America shall be

administered, protected, and developed within and as a part of the

Pisgah National Forest by the Secretary of Agriculture in

accordance with the laws, rules, and regulations applicable to

national forests in such manner as in his judgment will best

provide for the purposes of sections 471f to 471h of this title and

for such management, utilization, and disposal of the natural

resources as in his judgment will promote or is compatible with and

does not significantly impair the purposes for which the Cradle of

Forestry in America is established.

-SOURCE-

(Pub. L. 90-398, Sec. 2, July 11, 1968, 82 Stat. 342.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471h of this title.

-CITE-

16 USC Sec. 471h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471h. Cooperation with public and private agencies,

organizations, and individuals; acceptance of contributions and

gifts

-STATUTE-

The Secretary of Agriculture is hereby authorized to cooperate

with and receive the cooperation of public and private agencies and

organizations and individuals in the development, administration,

and operation of the Cradle of Forestry in America. The Secretary

of Agriculture is authorized to accept contributions and gifts to

be used to further the purposes of sections 471f to 471h of this

title.

-SOURCE-

(Pub. L. 90-398, Sec. 3, July 11, 1968, 82 Stat. 342.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471g of this title.

-CITE-

16 USC Sec. 471i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471i. Pine Barrens Area, New Jersey

-STATUTE-

(a) Congressional findings

The Congress finds that -

(1) the Pinelands area in New Jersey, containing approximately

1,000,000 acres of pine-oak forest, extensive surface and ground

water resources of high quality, and a wide diversity of rare

plant and animal species, provides significant ecological,

natural, cultural, recreational, educational, agricultural, and

public health benefits;

(2) there is a national interest in protecting and preserving

these benefits for the residents of and visitors to the area;

(3) a primary responsibility for protecting and enhancing these

benefits resides with the State of New Jersey and the various

local units of government having jurisdiction over the area;

(4) in view of the longstanding Federal practice of assisting

the States in creating, protecting, preserving, and enhancing

areas of significant regional and urban importance, and in view

of the national significance of this resource, the Federal

Government has an interest in assisting the State of New Jersey

and its local units of government in fulfilling their

responsibilities and in avoiding adverse Federally approved or

assisted impacts before these responsibilities can be undertaken;

(5) the State of New Jersey and its local units of government

have authority to prevent or minimize adverse uses of the land

and water resources of the Pinelands area and can, to a great

extent, protect the health, safety, and general welfare by the

use of such authority; and

(6) there is a demonstrated need to protect, preserve and

enhance the land and water resources of the Pinelands area

through a new program which combines the capabilities and

resources of the local, State and Federal governments and the

private sector and provides an alternative to large-scale direct

Federal acquisition and management in cases where such

acquisition and management is inappropriate.

(b) Purposes

The purposes of this section are -

(1) to protect, preserve and enhance the significant values of

the land and water resources of the Pinelands area;

(2) to encourage and assist the State of New Jersey and its

units of local government in the development of a comprehensive

management plan for the Pinelands area in order to assure orderly

public and private development in the area consistent with the

findings of this section;

(3) to provide, during the development of this comprehensive

plan, Federal financial assistance for the acquisition of lands

in the Pinelands area that have critical ecological values which

are in immediate danger of being adversely affected or destroyed;

(4) to encourage and assist the State and its units of local

government in developing a governmental mechanism to implement

this comprehensive plan, and to provide Federal financial

assistance for the acquisition of lands consistent with the

comprehensive plan;

(5) to encourage adequate coordination of all government

programs affecting the land and water resources of the Pinelands

area.

(c) Pinelands National Reserve and Federal Project Review Area;

establishment; map, availability

There is hereby established the Pinelands National Reserve which

shall consist of the approximately 1,000,000-acre area generally

depicted on the map entitled ''Pinelands National Reserve Boundary

Map'' numbered NPS/80,011A and dated September 1978. Within the

Pinelands National Reserve, there is hereby established the Federal

Project Review Area, which shall consist of the approximately

486,000 acre area also depicted on the map. The map shall be on

file and available for public inspection in the offices of the

Department of the Interior in Washington, and in the offices of the

State of New Jersey planning entity established pursuant to

subsection (d) of this section, and in locations throughout the

Pinelands National Reserve as determined by the planning entity.

(d) State planning entity for development of comprehensive

management plan; membership; representation of interests;

assistance and grants to State

Within thirty days after November 10, 1978, the Secretary of the

Interior (hereinafter referred to as the ''Secretary'') shall

request the Governor of the State of New Jersey to establish,

within ninety days of such request, a planning entity to develop a

comprehensive management plan for the Pinelands National Reserve.

In order to carry out the purposes of this section, such planning

entity shall be composed of fifteen members to be appointed as

follows: one member appointed by the Secretary; one member from

each of the seven counties in the Pinelands National Reserve to be

appointed by the respective governing bodies of each county; and

seven members to be appointed by the Governor. The membership of

the planning entity shall include residents of the Pinelands

National Reserve who represent economic activities such as

agriculture in the area, as well as residents of New Jersey who

represent conservation interests. The Secretary shall provide

technical assistance and grants to the State for the development of

the plan or revisions thereof: Provided, That such grants shall not

exceed 75 percent of the cost of developing the plan, shall be made

only upon application of the Governor, on behalf of the planning

entity, and shall be subject to such other conditions as the

Secretary may deem appropriate to assure State and local interim

protection of the area.

(e) Planning entity consultations; public hearings

During the development of the management plan, the planning

entity shall:

(1) consult with appropriate officials of any local government

or State or Federal agency which has jurisdiction over lands and

waters within the area;

(2) consult with the officials of any local government which

has jurisdiction over lands and waters within areas delineated in

accordance with subsection (f)(2)(B) of this section;

(3) consult with interested professional, scientific and

citizen organizations;

(4) consult with a citizens advisory committee which may be

established by the Governor; and

(5) conduct public hearings at places within the area, and at

such other places as may be appropriate, for the purpose of

providing interested persons with an opportunity to express their

views with respect to matters covered by the management plan.

(f) Comprehensive management plan; terms and provisions; resource

assessment; boundary map, delineations; land use map and policy

statement; coordination and consistency, public use, and

financial components; programs; water implementation plan

The comprehensive management plan for the Pinelands National

Reserve shall include, but need not be limited to -

(1) A resource assessment which:

(A) determines the amount and type of human development and

activity which the ecosystem can sustain while still

maintaining the overall ecological values described in this

section with special reference to (i) ground and surface water

supply and quality; (ii) natural hazards, including fire; (iii)

endangered, unique and unusual plants and animals and biotic

communities; (iv) ecological factors relating to the protection

and enhancement of blueberry and cranberry production and other

agricultural activity; (v) air quality; and (vi) other

appropriate considerations affecting the ecological integrity

of the area; and

(B) includes an assessment of scenic, aesthetic, cultural,

open space, and outdoor recreation resources of the area

together with a determination of overall policies required to

maintain and enhance these resources.

(2) A map showing the detailed boundary of the Pinelands

National Reserve, such map to delineate:

(A) major areas within the boundary which are of critical

ecological importance;

(B) major areas and resources adjacent to the boundary that

have significance to the ecological integrity of the Pinelands

National Reserve; and

(C) areas of scenic, open space, cultural and recreational

significance.

(3) A land use capability map and a comprehensive statement of

policies for land use management of the area which:

(A) consider and detail the application of a variety of land

and water protection and management techniques, including but

not limited to, zoning and regulation derived from State and

local police powers, development and use standards and permit

systems, acquisition of conservation easements and other

interests in land, public access agreements with private

landowners, purchase of land for resale or lease-back, fee

acquisition of public recreation sites and ecologically

sensitive areas and any other method of land and water

protection and management which will help meet the goals and

carry out the policies of the management plan;

(B) include a policy for the use of State and local police

power responsibilities to the greatest extent practicable to

regulate the use of land and water resources in a manner

consistent with the purposes of this section; and

(C) recognize existing economic activities within the area

and provide for the protection and enhancement of such

activities as farming, forestry, proprietary recreational

facilities, and those indigenous industries and commercial and

residential developments which are consistent with the findings

and purposes of this section.

(4) A coordination and consistency component which details the

ways in which local, State and Federal programs and policies may

best be coordinated to promote the goals and policies of the

management plan, and which details how land, water and structures

managed by governmental or nongovernmental entities in the public

interest within the area may be integrated into the management

plan.

(5) A public use component including, among other items, a

detailed program to educate the public concerning appropriate

uses of the area.

(6) A financial component, together with a cash flow timetable,

which:

(A) details the cost of implementing the management plan,

including, but not limited to, payments in lieu of taxes,

general administrative costs, and any anticipated extraordinary

or continuing costs; and

(B) details the sources of revenue for covering such costs,

including, but not limited to, grants, donations and loans from

local, State, and Federal departments and agencies, and from

the private sector.

(7) A program to provide for the maximum feasible local

government and public participation in the management of the

Pinelands National Reserve.

(8) A program for State and local governmental implementation

of the comprehensive management plan in a manner that will insure

the continued, uniform, consistent protection of this area in

accord with the purposes of this section.

(9) In conjunction with existing State programs and planning

processes, a plan to implement the provisions of the Clean Water

Act (33 U.S.C. 1251 et seq.) and the Safe Drinking Water Act (42

U.S.C. 300f et seq.) which pertain to the surface and ground

waters of the Pinelands National Reserve.

(g) Comprehensive management plan and revisions; approval by

Secretary; submission to Congress; approval considerations;

disapproval and revision recommendations, notification;

resubmission and consideration; Federal assistance,

termination; modifications and revisions; reimbursement

(1) The State of New Jersey, through the planning entity, shall

adopt and submit to the Secretary a comprehensive management plan

within eighteen months after the date that funds are first provided

for its preparation under subsection (d) of this section. In the

event the State fails to submit the plan within such time period,

the Secretary may obtain reimbursement or offset from the State of

all Federal funds previously granted under this section. The

Secretary shall, within ninety days after the date the plan is

submitted to him, either approve or disapprove the plan. Should

the Secretary fail to act on the proposed plan within ninety days,

the plan shall be regarded as approved. Upon approval, the

Secretary shall submit the plan to the Congress for a period of

ninety days prior to implementation.

(2) In determining whether or not to approve the management plan,

the Secretary shall consider whether:

(A) the planning entity has afforded adequate opportunity,

including public hearings, for public and governmental

involvement in the preparation and review of the plan, and

whether such review and comment thereon were considered in the

plan or revision as presented to him;

(B) he has received adequate assurances from appropriate State

officials that the recommended implementation program identified

in the plan will be initiated within a reasonable time after the

date of approval of the plan and such program will insure

effective implementation of the State and local aspects of the

plan;

(C) provision is made for the participation of a Federal

representative in the implementation program;

(D) the plan requires the exercise of police power

responsibilities to the greatest extent practicable to regulate

the use of land and water resources in a manner consistent with

the purposes of this section;

(E) the plan, if implemented, would adequately protect the

significant natural, ecological, agricultural, scenic, cultural

and recreational resources of the Pinelands National Reserve and,

consistent with such protection, provide adequate and appropriate

outdoor recreational opportunities and economic activities within

the area;

(F) the plan provides for the Governor of the State of New

Jersey to exercise effective and continuing oversight over its

implementation; and

(G) after consultation with the Secretary of Defense, the

national defense mission of the military installations within,

contiguous or adjacent to the Pinelands National Reserve has been

adequately provided for.

(3) If the Secretary disapproves the management plan or a

revision thereof, he shall, within sixty days after the date of

such disapproval, advise the planning entity in writing of the

reasons therefor, together with his recommendations for revision.

The State of New Jersey, through the planning entity shall, within

one hundred and twenty days after receipt by the planning entity of

notification of such disapproval, revise and resubmit the plan to

the Secretary who shall approve or disapprove a proposed revision

within sixty days after the date it is submitted to him. Should

the Secretary fail to act on a proposed revision within sixty days,

the revision shall be considered as approved.

(4) The Secretary shall consider a plan revision in accordance

with the procedure set forth in paragraph (2). Such revisions must

be consistent with the purposes of this section.

(5) In the event that the planning entity fails to obtain

approval of the plan by the Secretary within thirty-six months

after the date funds are first provided under subsection (d) of

this section for development of the plan, the Secretary shall

terminate all Federal assistance for and participation in the

development of such plan, and may obtain reimbursement or offset

from the State of New Jersey of all Federal funds previously

granted under this section.

(6) The Secretary shall provide technical assistance for and

monitor at periodic intervals the implementation of the approved

management plan. A local jurisdiction or the State shall obtain

the approval of the Secretary prior to any modification of the

approved plan. The Secretary shall consider a plan revision in

accordance with the procedure set forth in paragraph (2). Such

revisions must be consistent with the purposes of this section.

Any jurisdiction that implements changes to the approved management

plan, or adopts or acquiesces in changes to laws, regulations, or

policies adopted to implement such plan, without approval of the

Secretary, may be liable for reimbursement or offset of all Federal

funds previously granted to it under this section without regard to

such additional terms and conditions or other requirements of law

that may be applicable to such grants.

(h) Grants for State acquisition of property; Secretary's

acquisition and administration of property; conveyance by

Secretary, terms and conditions; State reimbursement; grant

authorization and applications; limitation

(1)(A) During the development of the management plan, the

Secretary is authorized to make grants to the State of New Jersey

for the acquisition of lands and waters or interests therein within

the Pinelands National Reserve that he determines, in consultation

with the State planning entity, have critical ecological values

which are in immediate danger of being adversely affected or

destroyed.

(B) The grants authorized by subsection (h)(1)(A) of this section

together with the grants made under paragraph (4) of this

subsection, shall (i) be made in a manner consistent with the

requirements of the Land and Water Conservation Fund Act (16 U.S.C.

460l-4 et seq.); (ii) not exceed 75 percent of the total cost of

all property acquired by the State pursuant to this subsection;

(iii) be supplemental to any other Federal financial assistance for

any other program; and (iv) be subject to such additional terms and

conditions as the Secretary may deem necessary to effectuate the

purposes of this section.

(2) In the event the State elects not to make acquisitions as

authorized under subsection (h)(1) of this section, the Secretary,

during the development of the management plan, is authorized to

acquire such lands, waters or interests therein by donation,

purchase with donated or appropriated funds, exchange, or

otherwise, and to administer such property under the laws generally

applicable to units of the National Park System or National

Wildlife Refuge System in a manner to carry out the purposes of

this section.

(3) After his approval of the management plan, the Secretary (A)

is authorized to convey property acquired pursuant to subsection

(h)(2) of this section to State or local authorities in accordance

with the management plan, under such terms and conditions as he may

deem appropriate, which shall include (i) a requirement that where

the Secretary transfers land acquired with appropriated funds, the

State or local government shall repay not less than 25 percent of

the cost of such lands to the Secretary under such terms and

conditions as he may deem appropriate, and (ii) a retention of a

right of reversion of title to the United States, and (B) shall

accept from the State those lands acquired pursuant to subsection

(h)(1) of this section, which are identified in the management plan

as being appropriate for Federal ownership and management:

Provided, That the Secretary shall reimburse to the State such sums

as are necessary to (i) cover 100 percent of the original cost of

acquisition as to each parcel of land so transferred and (ii)

assure that as to the remainder of lands acquired pursuant to

subsection (h)(1) of this section not transferred under this

subsection, the total Federal land acquisition cost does not exceed

75 percent of the purchase price of such lands.

(4) Upon approval of the management plan, the Secretary is

authorized to make grants for the acquisition within the Pinelands

National Reserve of lands and waters or interests therein in a

manner consistent with the management plan. All applications for

such grants shall be made within ten years from the date of

implementation of the management plan.

(i) Applications for Federal construction assistance; review by

planning entity; notifications; commencement of review process

During the development of the management plan for the Pinelands

National Reserve, all applications for Federal assistance under

programs covered by Part I of OMB Circular A-95 and direct Federal

actions covered by Part II of OMB Circular A-95 within the Federal

Project Review Area generally depicted on the map referred to in

subsection (c) of this section which involve the construction of

housing, industrial parks, highways, or sewage or water treatment

facilities shall be reviewed by the planning entity, upon receipt

from the New Jersey State A-95 Clearinghouse (hereinafter referred

to as the Clearinghouse). If the planning entity finds that such

application or proposed action would have no adverse impact on the

resources and ecological values of the Federal Project Review Area,

the planning entity shall so notify the Clearinghouse. If the

planning entity does not so find, Congress authorizes the planning

entity to notify the Clearinghouse and other affected parties that

such application or proposed action shall not proceed pending

further review, and the planning entity shall forward such

application or notice of proposed action to the Secretary. Any such

application or proposed action which the Secretary determines would

be significantly adverse to the purposes of this section shall not

proceed while the management plan is being developed. The review

process established under this subsection shall begin upon the

appropriation of funds under subsection (k) of this section.

(j) Federal action pursuant to Federal court or agency orders

related to public health or safety, national security or

defense, or environmental values unaffected

Nothing in this section shall be construed to limit or prohibit

any Federal action ordered by a court of competent jurisdiction or

directed by a Federal agency as essential for the protection of

public health or safety, for national security or defense, or for

the maintenance of environmental values within the Pinelands

National Reserve or the Federal Project Review Area.

(k) Authorization of appropriations; sources for appropriations;

acquisitions consistent with management plan

(1) There is authorized to be appropriated not to exceed $26

million to carry out the provisions of this section. Not to exceed

$3 million shall be available for planning: Provided, That any

funds not used for planning shall be available for land

acquisition; Provided further, That $23,000,000 shall be made

available for land acquisition, as authorized by this section.

Such appropriations may be made from the general fund of the

Treasury or from revenues due and payable to the United States

under the Outer Continental Shelf Lands Act, as amended (43 U.S.C.

1331 et seq.), which would otherwise be credited to miscellaneous

receipts.

(2) In addition to other funds authorized pursuant to this

subsection, there are hereby authorized to be appropriated not to

exceed $14,500,000 for land acquisition, the Federal share of which

may not exceed 50 percent of the total cost. Land acquisition

pursuant to this subsection shall be carried out in accordance with

the requirements of subsection (h) of this section insofar as such

requirements are not inconsistent with this paragraph. Such

acquisitions shall also be carried out in a manner consistent with

the management plan and shall include -

(A) lands located within the preservation area of the National

Reserve which is designated in the management plan;

(B) lands that are within the areas protected by the management

plan and that are threatened by adverse development or have

critical ecological values; or

(C) lands that have limited practical use because of their

location in the Reserve and that are held by landowners who both

own less than 50 acres in the Reserve and have exhausted existing

remedies to secure relief.

Additional funds contributed by the State to the Pinelands

Development Bank after enactment of this Act, not to exceed

$5,000,000, may be counted as part of the State share of land

acquisition funds.

(l) Pinelands interpretative and educational program; Interior

Department study and recommendations

(1) Study and recommendations for interpretative and educational

program

For the purpose of enhancing public understanding, awareness,

and appreciation with respect to the natural and cultural

resources of the Pine Barrens area of New Jersey, the Secretary

shall, within 9 months after October 13, 1988, study and

recommend appropriate initiatives to provide an educational and

interpretative program for the Reserve. The Secretary shall

conduct such study in consultation with the planning entity and

the appropriate departments and agencies of the State of New

Jersey.

(2) Items included

The study and recommendations required by this subsection shall

include, but not be limited to each of the following:

(A) Interpretative and informational materials, exhibits,

films, lectures, and other devices and educational methods.

(B) A plan to provide for educational and interpretative

programs for the Reserve, considering among other things the

improvement of existing facilities and interpretative programs

in the Reserve, including the possible use of existing

facilities such as Whitesbog, Batsto, Double Trouble State Park

and Stockton State College.

(C) The use and enhancement of existing fire towers in the

Reserve to serve as observation platforms.

(D) The appropriate role for departments and agencies of the

State of New Jersey and the Federal Government in implementing

the program.

(3) Study of Development Credit Bank and Development Credit

System

The Secretary is authorized and directed to study the State of

New Jersey Pinelands Development Credit Bank and Pinelands

Development Credit System, and to submit to the Congress within 9

months after October 13, 1988, such recommendations as the

Secretary determines appropriate for improvements of the

operation of the State Pinelands Development Credit Bank and the

overall Pinelands Development Credit Program.

(4) Study of Municipal Council

The Secretary shall study the Pinelands Municipal Council, and

submit to the Congress within 9 months after October 13, 1988,

such recommendations as the Secretary determines appropriate for

improvements of the operation of the council.

(5) Contracts and agreements

The Secretary may enter into such contracts and agreements with

the State of New Jersey and other public and private entities as

may be necessary and appropriate to carry out the authorities and

responsibilities of the Secretary under this subsection. For

purposes of this subsection, there is authorized to be

appropriated not more than $500,000 to prepare and complete the

study pursuant to paragraph (1) and $3,000,000 to implement the

recommendations of such study upon its approval by the Congress,

the Federal share of which may not exceed 75 percent of the total

cost.

-SOURCE-

(Pub. L. 95-625, title V, Sec. 502, Nov. 10, 1978, 92 Stat. 3492;

Pub. L. 100-486, Oct. 13, 1988, 102 Stat. 2429.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Water Act, referred to in subsec. (f)(9), is act June

30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2,

Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water

Pollution Control Act, which is classified generally to chapter 26

(Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters.

For complete classification of this Act to the Code, see Short

Title note set out under section 1251 of Title 33 and Tables.

The Safe Drinking Water Act, referred to in subsec. (f)(9), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of Title 42 and Tables.

The Land and Water Conservation Fund Act, referred to in subsec.

(h)(1)(B), probably means the Land and Water Conservation Fund Act

of 1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,

which is classified generally to part B (Sec. 460l-4 et seq.) of

subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

The Outer Continental Shelf Lands Act, as amended, referred to in

subsec. (k)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as

amended, which is classified generally to subchapter III (Sec. 1331

et seq.) of chapter 29 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1331 of Title 43 and Tables.

Enactment of this Act, referred to in subsec. (k)(2), probably

means date of enactment of Pub. L. 100-486, which enacted subsec.

(k)(2) of this section and which was approved Oct. 13, 1988.

-MISC2-

AMENDMENTS

1988 - Subsec. (k). Pub. L. 100-486, Sec. 2, designated existing

provisions as par. (1) and added par. (2).

Subsec. (l). Pub. L. 100-486, Sec. 1, added subsec. (l).

-CITE-

16 USC Sec. 471j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 471j. Headwaters Forest and Elk River Property acquisition

-STATUTE-

(a) Authorization

Subject to the terms and conditions of this section, up to

$250,000,000 from the Land and Water Conservation Fund is

authorized to be appropriated to acquire lands referenced in the

Agreement of September 28, 1996, which consist of approximately

4,500 acres commonly referred to as the ''Headwaters Forest'',

approximately 1,125 acres referred to as the ''Elk Head Forest'',

and approximately 9,600 acres referred to as the ''Elk River

Property'', which are located in Humboldt County, California. This

section is the sole authorization for the acquisition of such

property, which is the subject of the Agreement dated September 28,

1996 between the United States of America (hereinafter ''United

States''), the State of California, MAXXAM, Inc., and the Pacific

Lumber Company. Of the entire Elk River Property, the United States

and the State of California are to retain approximately 1,845 acres

and transfer the remaining approximately 7,755 acres of Elk River

Property to the Pacific Lumber Company. The property to be acquired

and retained by the United States and the State of California is

that property that is the subject of the Agreement of September 28,

1996 as generally depicted on maps labeled as sheets 1 through 7 of

Township 3 and 4 North, Ranges 1 East and 1 West, of the Humboldt

Meridian, California, titled ''Dependent Resurvey and Tract

Survey'', as approved by Lance J. Bishop, Chief Cadastral Surveyor

- California, on August 29, 1997. Such maps shall be on file in the

Office of the Chief Cadastral Surveyor, Bureau of Land Management,

Sacramento, California. The Secretary of the Interior is authorized

to make such typographical and other corrections to this

description as are mutually agreed upon by the parties to the

Agreement of September 28, 1996. The land retained by the United

States and the State of California (approximately 7,470 acres)

shall hereafter be the ''Headwaters Forest''. Any funds

appropriated by the Federal Government to acquire lands or

interests in lands that enlarge the Headwaters Forest by more than

five acres per each acquisition shall be subject to specific

authorization enacted subsequent to this Act, except that such

funds may be used pursuant to existing authorities to acquire such

lands up to five acres per each acquisition or interests in lands

that may be necessary for roadways to provide access to the

Headwaters Forest.

(b) Effective period of authorization

The authorization in subsection (a) of this section expires March

1, 1999 and shall become effective only -

(1) when the State of California provides a $130,000,000

contribution for the transaction;

(2) when the State of California approves a Sustained Yield

Plan covering Pacific Lumber Company timber property;

(3) when the Pacific Lumber Company dismisses the following

legal actions as evidenced by instruments in form and substance

satisfactory to each of the parties to such legal actions:

Pacific Lumber Co. v. United States, No. 96-257L (Fed. Cls.) and

Salmon Creek Corp. v. California Board of Forestry, No.

96-CS-1057 (Cal. Super. Ct.);

(4) when the incidental take permit under section 10(a) of the

Endangered Species Act (16 U.S.C. 1539(a)) (based upon a

multispecies Habitat Conservation Plan covering Pacific Lumber

Company timber property, including applicable portions of the Elk

River Property) is issued by the United States Fish and Wildlife

Service and the National Marine Fisheries Service;

(5) after an appraisal of all lands and interests therein to be

acquired by the United States has been undertaken, such appraisal

has been reviewed for a period not to exceed 30 days by the

Comptroller General of the United States, and such appraisal has

been provided to the Committee on Resources of the House of

Representatives, the Committee on Energy and Natural Resources of

the Senate, and the Committees on Appropriations of the House and

Senate;

(6) after the Secretary of the Interior issues an opinion of

value to the Committee on Resources of the House of

Representatives, the Committee on Energy and Natural Resources of

the Senate, and the Committees on Appropriations of the House and

Senate for the land and property to be acquired by the Federal

Government. Such opinion of value shall also include the total

value of all compensation (including tax benefits) proposed to be

provided for the acquisition;

(7) after an Environmental Impact Statement for the proposed

Habitat Conservation Plan has been prepared and completed in

accordance with the applicable provisions of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(8) when adequate provision has been made for public access to

the property.

(c) Acquisition

Notwithstanding any other provision of law, the amount paid by

the United States to acquire identified lands and interests in

lands referred to in subsection (a) of this section may differ from

the value contained in the appraisal required by subsection (b)(5)

of this section if the Secretary of the Interior certifies, in

writing, to Congress that such action is in the best interest of

the United States.

(d) Habitat conservation plan

(1) Applicable standards

Within 60 days after November 14, 1997, the Secretary of the

Interior and the Secretary of Commerce shall report to the

Committee on Energy and Natural Resources of the Senate and the

Committee on Resources of the House of Representatives on the

scientific and legal standards and criteria for threatened,

endangered, and candidate species under the Endangered Species

Act (16 U.S.C. 1531 et seq.) and any other species used to

develop the habitat conservation plan (hereinafter ''HCP'') and

the section 10(a) (16 U.S.C. 1539(a)) incidental take permit for

the Pacific Lumber Company land.

(2) Report

If the Pacific Lumber Company submits an application for an

incidental take permit under section 10(a) of the Endangered

Species Act (16 U.S.C. 1539(a)) for the transaction authorized by

subsection (a) of this section, and the permit is not issued,

then the United States Fish and Wildlife Service and the National

Marine Fisheries Service shall set forth the substantive

rationale or rationales for why the measures proposed by the

applicant for such permit did not meet the issuance criteria for

the species at issue. Such report shall be submitted to the

Congress within 60 days of the decision not to issue such permit

or by May 1, 1999, whichever is earlier.

(3) HCP standards

If a section 10(a) permit for the Pacific Lumber Company HCP is

issued, it shall be deemed to be unique to the circumstances

associated with the acquisition authorized by this section and

shall not establish a higher or lesser standard for any other

multispecies HCPs than would otherwise be established under

existing law.

(e) Payment to Humboldt County

Within 30 days of the acquisition of the Headwaters Forest, the

Secretary of the Interior shall provide a $10,000,000 direct

payment to Humboldt County, California.

(f) Payment in lieu of taxes

The Federal portion of the Headwaters Forest acquired pursuant to

this section shall be entitlement land under section 6905 of title

31.

(g) Out-year budget limitations

The following funding limitations and parameters shall apply to

the Headwaters Forest acquired under subsection (a) of this section

-

(1) At least 50 percent of the total funds for management of

such lands above the annual level of $100,000 shall (with the

exception of law enforcement activities and emergency activities)

be from non-Federal sources.

(2) Subject to appropriations, the authorized annual Federal

funding for management of such land is $300,000 (with the

exception of law enforcement activities and emergency

activities).

(3) The Secretary of the Interior or the Headwaters Forest

Management Trust referenced in subsection (h) of this section is

authorized to accept and use donations of funds and personal

property from the State of California, private individuals, and

other nongovernmental entities for the purpose of management of

the Headwaters Forest.

(h) Headwaters Forest Management Trust

The Secretary of the Interior is authorized, with the written

concurrence of the Governor of the State of California, to

establish a Headwaters Forest Management Trust (''Trust'') for the

management of the Headwaters Forest as follows:

(1) Management authority

The Secretary of the Interior is authorized to vest management

authority and responsibility in the Trust composed of a board of

five trustees each appointed for terms of three years. Two

trustees shall be appointed by the Governor of the State of

California. Three trustees shall be appointed by the President of

the United States. The first group of trustees shall be appointed

within 60 days of exercising the authority under this subsection

and the terms of the trustees shall begin on such day. The

Secretary of the Interior, the Secretary of Resources of the

State of California, and the Chairman of the Humboldt County

Board of Supervisors shall be nonvoting, ex officio members of

the board of trustees. The Secretary is authorized to make

grants to the Trust for the management of the Headwaters Forest

from amounts authorized and appropriated.

(2) Operations

The Trust shall have the power to develop and implement the

management plan for the Headwaters Forest.

(i) Management plan

(1) In general

A concise management plan for the Headwaters Forest shall be

developed and periodically amended as necessary by the Secretary

of the Interior in consultation with the State of California (and

in the case that the authority provided in subsection (h) of this

section is exercised, the trustees shall develop and periodically

amend the management plan), and shall meet the following

requirements:

(A) Management goals for the plan shall be to conserve and

study the land, fish, wildlife, and forests occurring on such

land while providing public recreation opportunities and other

management needs.

(B) Before a management structure and management plan are

adopted for such land, the Secretary of the Interior or the

board of trustees, as the case may be, shall submit a proposal

for the structure and plan to the Committee on Energy and

Natural Resources of the Senate and the Committee on Resources

of the House of Representatives. The proposed management plan

shall not become effective until the passage of 90 days after

its submission to the Committees.

(C) The Secretary of the Interior or the board of trustees,

as the case may be, shall report annually to the Committee on

Energy and Natural Resources of the Senate, the Committee on

Resources of the House of Representatives, and the House and

Senate Committees on Appropriations concerning the management

of lands acquired under the authority of this section and

activities undertaken on such lands.

(2) Plan

The management plan shall guide general management of the

Headwaters Forest. Such plan shall address the following

management issues -

(A) scientific research on forests, fish, wildlife, and other

such activities that will be fostered and permitted on the

Headwaters Forest;

(B) providing recreation opportunities on the Headwaters

Forest;

(C) access to the Headwaters Forest;

(D) construction of minimal necessary facilities within the

Headwaters Forest so as to maintain the ecological integrity of

the Headwaters Forest;

(E) other management needs; and

(F) an annual budget for the management of the Headwaters

Forest, which shall include a projected revenue schedule (such

as fees for research and recreation) and projected expenses.

(3) Compliance

The National Environmental Policy Act (42 U.S.C. 4321 et seq.)

shall apply to the development and implementation of the

management plan.

(j) Cooperative management

(1) The Secretary of the Interior may enter into agreements with

the State of California for the cooperative management of any of

the following: Headwaters Forest, Redwood National Park, and

proximate State lands. The purpose of such agreements is to

acquire from and provide to the State of California goods and

services to be used by the Secretary and the State of California in

cooperative management of lands if the Secretary determines that

appropriations for that purpose are available and an agreement is

in the best interests of the United States; and

(2) an assignment arranged by the Secretary under section 3372 of

title 5 of a Federal or State employee for work in any Federal or

State of California lands, or an extension of such assignment, may

be for any period of time determined by the Secretary or the State

of California, as appropriate, to be mutually beneficial.

-SOURCE-

(Pub. L. 105-83, title V, Sec. 501, Nov. 14, 1997, 111 Stat. 1610.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 105-83, Nov. 14,

1997, 111 Stat. 1543, known as the Department of the Interior and

Related Agencies Appropriations Act, 1998. For complete

classification of this Act to the Code, see Tables.

The National Environmental Policy Act of 1969, referred to in

subsecs. (b)(7) and (i)(3), is Pub. L. 91-190, Jan. 1, 1970, 83

Stat. 852, as amended, which is classified generally to chapter 55

(Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 4321 of Title 42 and Tables.

The Endangered Species Act, referred to in subsec. (d)(1),

probably means the Endangered Species Act of 1973, Pub. L. 93-205,

Dec. 28, 1973, 87 Stat. 884, as amended, which is classified

generally to chapter 35 (Sec. 1531 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1531 of this title and Tables.

-MISC2-

TIMING OF ACQUISITIONS

Section 504 of title V of Pub. L. 105-83 provided that: ''The

acquisitions authorized by sections 501 (16 U.S.C. 471j) and 502

(111 Stat. 1614) of this title may not occur prior to the earlier

of: (1) 180 days after enactment of this Act (Nov. 14, 1997); or

(2) enactment of separate authorizing legislation that modifies

section 501, 502, or 503 (111 Stat. 1616) of this title. Within

120 days of enactment, the Secretary of the Interior and the

Secretary of Agriculture, respectively, shall submit to the

Committee on Resources of the House of Representatives, the Senate

Committee on Energy and Natural Resources and the House and Senate

Committees on Appropriations, reports detailing the status of

efforts to meet the conditions set forth in this title imposed on

the acquisition of the interests to protect and preserve the

Headwaters Forest and the acquisition of interests to protect and

preserve Yellowstone National Park. For every day beyond 120 days

after the enactment of this Act that the appraisals required in

subsections (sic) 501(b)(5) and 502(b)(2) are not provided to the

Committee on Resources of the House, the Committee on Energy and

Natural Resources of the Senate and the House and Senate Committees

on Appropriations in accordance with such subsections, the 180-day

period referenced in this section shall be extended by one day.''

-CITE-

16 USC Sec. 472 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 472. Laws affecting national forest lands

-STATUTE-

The Secretary of the Department of Agriculture shall execute or

cause to be executed all laws affecting public lands reserved under

the provisions of section 471 (FOOTNOTE 1) of this title, or

sections supplemental to and amendatory thereof, after such lands

have been so reserved, excepting such laws as affect the surveying,

prospecting, locating, appropriating, entering, relinquishing,

reconveying, certifying, or patenting of any of such lands.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Feb. 1, 1905, ch. 288, Sec. 1, 33 Stat. 628.)

-REFTEXT-

REFERENCES IN TEXT

Section 471 of this title, referred to in text, was in the

original a reference to section 24 of act Mar. 3, 1891, ch. 561, 26

Stat. 1103, and was repealed by Pub. L. 94-579, title VII, Sec.

704(a), Oct. 21, 1976, 90 Stat. 2792.

-COD-

CODIFICATION

Words ''subject to the provisions for national forests

established under subdivision (b) of section 471 of this title,''

which had been inserted by the original codifiers of the 1926 ed.

of the Code, have been omitted because of the repeal of section 471

of this title by Pub. L. 94-579.

-CITE-

16 USC Sec. 472a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 472a. Timber sales on National Forest System lands

-STATUTE-

(a) Authorization; rules and regulations; appraised value as

minimum sale price

For the purpose of achieving the policies set forth in the

Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C.

528-531) and the Forest and Rangeland Renewable Resources Planning

Act of 1974 (88 Stat. 476) (16 U.S.C. 1600 et seq.), the Secretary

of Agriculture, under such rules and regulations as he may

prescribe, may sell, at not less than appraised value, trees,

portions of trees, or forest products located on National Forest

System lands.

(b) Designation on map; prospectus

All advertised timber sales shall be designated on maps, and a

prospectus shall be available to the public and interested

potential bidders.

(c) Terms and conditions of contract

The length and other terms of the contract shall be designed to

promote orderly harvesting consistent with the principles set out

in section 6 of the Forest and Rangeland Renewable Resources

Planning Act of 1974, as amended (16 U.S.C. 1604). Unless there is

a finding by the Secretary of Agriculture that better utilization

of the various forest resources (consistent with the provisions of

the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528-531))

will result, sales contracts shall be for a period not to exceed

ten years: Provided, That such period may be adjusted at the

discretion of the Secretary to provide additional time due to time

delays caused by an act of an agent of the United States or by

other circumstances beyond the control of the purchaser. The

Secretary shall require the purchaser to file as soon as

practicable after execution of a contract for any advertised sale

with a term of two years or more, a plan of operation, which shall

be subject to concurrence by the Secretary. The Secretary shall not

extend any contract period with an original term of two years or

more unless he finds (A) that the purchaser has diligently

performed in accordance with an approved plan of operation or (B)

that the substantial overriding public interest justifies the

extension.

(d) Advertisement of sales; exceptions

The Secretary of Agriculture shall advertise all sales unless he

determines that extraordinary conditions exist, as defined by

regulation, or that the appraised value of the sale is less than

$10,000. If, upon proper offering, no satisfactory bid is received

for a sale, or the bidder fails to complete the purchase, the sale

may be offered and sold without further advertisement.

(e) Bidding methods; purposes; oral auction procedures; monitoring

and enforcement for prevention of collusive practices

(1) In the sale of trees, portions of trees, or forest products

from National Forest System lands (hereinafter referred to in this

subsection as ''national forest materials''), the Secretary of

Agriculture shall select the bidding method or methods which -

(A) insure open and fair competition;

(B) insure that the Federal Government receive not less than

the appraised value as required by subsection (a) of this

section;

(C) consider the economic stability of communities whose

economies are dependent on such national forest materials, or

achieve such other objectives as the Secretary deems necessary;

and

(D) are consistent with the objectives of this Act and other

Federal statutes.

The Secretary shall select or alter the bidding method or methods

as he determines necessary to achieve the objectives stated in

clauses (A), (B), (C), and (D) of this paragraph.

(2) In those instances when the Secretary selects oral auction as

the bidding method for the sale of any national forest materials,

he shall require that all prospective purchasers submit written

sealed qualifying bids. Only prospective purchasers whose written

sealed qualifying bids are equal to or in excess of the appraised

value of such national forest materials may participate in the oral

bidding process.

(3) The Secretary shall monitor bidding patterns involved in the

sale of national forest materials. If the Secretary has a

reasonable belief that collusive bidding practices may be

occurring, then -

(A) he shall report any such instances of possible collusive

bidding or suspected collusive bidding practices to the Attorney

General of the United States with any and all supporting data;

(B) he may alter the bidding methods used within the affected

area; and

(C) he shall take such other action as he deems necessary to

eliminate such practices within the affected area.

(f) Research and demonstration projects

The Secretary of Agriculture, under such rules and regulations as

he may prescribe, is authorized to dispose of, by sale or

otherwise, trees, portions of trees, or other forest products

related to research and demonstration projects.

(g) Designation, marking, and supervision of harvesting; personnel

Designation, marking when necessary, and supervision of

harvesting of trees, portions of trees, or forest products shall be

conducted by persons employed by the Secretary of Agriculture. Such

persons shall have no personal interest in the purchase or harvest

of such products and shall not be directly or indirectly in the

employment of the purchaser thereof.

(h) Utilization standards, methods of measurement, and harvesting

practices; monetary deposits by purchasers of salvage harvests;

nature, purposes and availability of designated fund; return of

surplus to Treasury

The Secretary of Agriculture shall develop utilization standards,

methods of measurement, and harvesting practices for the removal of

trees, portions of trees, or forest products to provide for the

optimum practical use of the wood material. Such standards,

methods, and practices shall reflect consideration of opportunities

to promote more effective wood utilization, regional conditions,

and species characteristics and shall be compatible with multiple

use resource management objectives in the affected area. To

accomplish the purpose of this subsection in situations involving

salvage of insect-infested, dead, damaged, or down timber, and to

remove associated trees for stand improvement, the Secretary is

authorized to require the purchasers of such timber to make

monetary deposits, as a part of the payment for the timber, to be

deposited in a designated fund from which sums are to be used, to

cover the cost to the United States for design, engineering, and

supervision of the construction of needed roads and the cost for

Forest Service sale preparation and supervision of the harvesting

of such timber. Deposits of money pursuant to this subsection are

to be available until expended to cover the cost to the United

States of accomplishing the purposes for which deposited: Provided,

That such deposits shall not be considered as moneys received from

the national forests within the meaning of sections 500 and 501 of

this title: And provided further, That sums found to be in excess

of the cost of accomplishing the purposes for which deposited on

any national forest shall be transferred to miscellaneous receipts

in the Treasury of the United States.

(i) Purchaser credit for permanent road construction; right of

election of small business concerns; estimated cost; date of

completion; use of funds for construction; effective date

(1) For sales of timber which include a provision for purchaser

credit for construction of permanent roads with an estimated cost

in excess of $20,000, the Secretary of Agriculture shall promulgate

regulations requiring that the notice of sale afford timber

purchasers qualifying as ''small business concerns'' under the

Small Business Act, as amended (15 U.S.C. 631 et seq.), and the

regulations issued thereunder, an estimate of the cost and the

right, when submitting a bid, to elect that the Secretary build the

proposed road.

(2) If the purchaser makes such an election, the price

subsequently paid for the timber shall include all of the estimated

cost of the road. In the notice of sale, the Secretary of

Agriculture shall set a date when such road shall be completed

which shall be applicable to either construction by the purchaser

or the Secretary, depending on the election. To accomplish

requested work, the Secretary is authorized to use from any

receipts from the sale of timber a sum equal to the estimate for

timber purchaser credits, and such additional sums as may be

appropriated for the construction of roads, such funds to be

available until expended, to construct a road that meets the

standards specified in the notice of sale.

(3) The provisions of this subsection shall become effective on

October 1, 1976.

-SOURCE-

(Pub. L. 94-588, Sec. 14, Oct. 22, 1976, 90 Stat. 2958; Pub. L.

95-233, Feb. 20, 1978, 92 Stat. 32; Pub. L. 101-626, title I, Sec.

105(a), Nov. 28, 1990, 104 Stat. 4427.)

-REFTEXT-

REFERENCES IN TEXT

The Multiple-Use Sustained-Yield Act of 1960, referred to in

subsecs. (a) and (c), is Pub. L. 86-517, June 12, 1960, 74 Stat.

215, as amended, which is classified generally to sections 528 to

531 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 528 of this title

and Tables.

The Forest and Rangeland Renewable Resources Planning Act of

1974, referred to in subsec. (a), is Pub. L. 93-378, Aug. 17, 1974,

88 Stat. 476, as amended, which is classified generally to

subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1600 of this title and Tables.

This Act, referred to in subsec. (e)(1)(D), is Pub. L. 94-588,

Oct. 22, 1976, 90 Stat. 2949, as amended, known as the National

Forest Management Act of 1976. For complete classification of this

Act to the Code, see Short Title of 1976 Amendment note set out

under section 1600 of this title and Tables.

The Small Business Act, referred to in subsec. (i)(1), is Pub. L.

85-536, July 18, 1958, 72 Stat. 384, as amended, which is

classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 631 of Title 15

and Tables.

-MISC2-

AMENDMENTS

1990 - Subsec. (i)(1). Pub. L. 101-626 struck out proviso that

this subsec. not apply to sales of timber on National Forest System

lands in the State of Alaska.

1978 - Subsec. (e). Pub. L. 95-233 substituted provisions

authorizing the Secretary of Agriculture to select bidding method

or methods to achieve the purposes of par. (1) of this subsec.,

procedures for use of oral auction as the bidding method, and

procedures for monitoring and enforcement to prevent collusive

practices, for provisions authorizing the Secretary to take such

action as deemed necessary to prevent collusive practices, and

setting forth requirements for enforcement.

APPLICATION OF AMENDMENTS BY PUB. L. 101-626 TO CERTAIN LONG-TERM

TIMBER SALE CONTRACTS

Amendment by Pub. L. 101-626 not applicable to certain long-term

timber sale contracts, see section 105(c) of Pub. L. 101-626, set

out as a note under section 539d of this title.

USE OF RECEIPTS FROM TIMBER SALES FOR ROAD CONSTRUCTION

Pub. L. 99-500, Sec. 101(h) (title II), Oct. 18, 1986, 100 Stat.

1783-242, 1783-271, and Pub. L. 99-591, Sec. 101(h) (title II),

Oct. 30, 1986, 100 Stat. 3341-242, 3341-271, provided that:

''Notwithstanding any other provision of law, the Secretary of

Agriculture is hereafter authorized to use from any receipts from

the sale of timber a sum equal to the cost of construction of roads

under the purchaser election program as described and authorized in

section 14(i) of the National Forest Management Act of 1976 (16

U.S.C. 472a(i)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535a of this title.

-CITE-

16 USC Sec. 473 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 473. Revocation, modification, or vacation of orders or

proclamations establishing national forests

-STATUTE-

The President of the United States is authorized and empowered to

revoke, modify, or suspend any and all Executive orders and

proclamations or any part thereof issued under section 471

(FOOTNOTE 1) of this title, from time to time as he shall deem best

for the public interests. By such modification he may reduce the

area or change the boundary lines or may vacate altogether any

order creating a national forest.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 34, 36.)

-REFTEXT-

REFERENCES IN TEXT

Section 471 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

-COD-

CODIFICATION

The two sentences of this section are from provisions in section

1 of the Sundry Civil Appropriation Act for the fiscal year 1898,

act June 4, 1897.

The first sentence is a portion of the third paragraph and was

prefaced by the words ''To remove any doubt which may exist

pertaining to the authority of the President thereunto.'' Other

provisions of the same paragraph have been omitted as temporary.

The second sentence is a portion of the seventh paragraph the

whole of which reads as follows: ''The President is hereby

authorized at any time to modify any Executive order that has been

or may hereafter be made establishing any forest reserve, and by

such modification may reduce the area or change the boundary lines

of such reserve, or may vacate altogether any order creating such

reserve.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 478, 482, 551, 1609 of

this title.

-CITE-

16 USC Sec. 474 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 474. Surveys; plats and field notes; maps; effect under Act

June 4, 1897

-STATUTE-

Surveys, field notes, and plats returned from the survey of

public lands designated as national forests undertaken under the

supervision of the Director of the United States Geological Survey

in accordance with provisions of Act June 4, 1897, chapter 2,

section 1. Thirtieth Statutes, page 34, shall have the same legal

force and effect as surveys, field notes, and plats returned

through the Field Surveying Service; and such surveys, which

include subdivision surveys under the rectangular system, approved

by the Secretary of the Interior or such officer as he may

designate as in other cases, and properly certified copies thereof

shall be filed in the respective land offices of the districts in

which such lands are situated, as in other cases. All laws

inconsistent with the provisions hereof are declared inoperative as

respects such survey. A copy of every topographic map and other

maps showing the distribution of the forests, together with such

field notes as may be taken relating thereto, shall be certified

thereto by the Director of the Survey and filed in the Bureau of

Land Management.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 34; Mar. 3, 1925, ch. 462,

43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 102-154, title I, Nov.

13, 1991, 105 Stat. 1000.)

-REFTEXT-

REFERENCES IN TEXT

Act June 4, 1897, chapter 2, section 1, referred to in text, is

act June 4, 1897, ch. 2, 30 Stat. 34. For classification of this

Act to the Code, see Tables.

-CHANGE-

CHANGE OF NAME

''United States Geological Survey'' substituted in text for

''Geological Survey'' pursuant to provision of title I of Pub. L.

102-154, set out as a note under section 31 of Title 43, Public

Lands.

-TRANS-

TRANSFER OF FUNCTIONS

''Field Surveying Service'' substituted in text for ''office of

surveyors-general'' by act Mar. 3, 1925. Subsequently, the Service

was abolished and its functions transferred to Secretary of the

Interior by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title

5, Government Organization and Employees.

''Secretary of the Interior or such officer as he may designate''

substituted in text for ''Commissioner of the General Land Office''

on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix

to Title 5.

''Bureau of Land Management'' substituted for ''General Land

Office'' on authority of Reorg. Plan No. 3 of 1946, set out in the

Appendix to Title 5. The ''General Land Office'' was abolished by

Reorg. Plan No. 3 of 1946 with its functions consolidated with that

of the Grazing Service to form a new agency in the Department of

the Interior to be known as the Bureau of Land Management.

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 478, 482, 551 of this

title.

-CITE-

16 USC Sec. 475 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 475. Purposes for which national forests may be established

and administered

-STATUTE-

All public lands designated and reserved prior to June 4, 1897,

by the President of the United States under the provisions of

section 471 (FOOTNOTE 1) of this title, the orders for which shall

be and remain in full force and effect, unsuspended and unrevoked,

and all public lands that may hereafter be set aside and reserved

as national forests under said section, shall be as far as

practicable controlled and administered in accordance with the

following provisions. No national forest shall be established,

except to improve and protect the forest within the boundaries, or

for the purpose of securing favorable conditions of water flows,

and to furnish a continuous supply of timber for the use and

necessities of citizens of the United States; but it is not the

purpose or intent of these provisions, or of said section, to

authorize the inclusion therein of lands more valuable for the

mineral therein, or for agricultural purposes, than for forest

purposes.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 34.)

-REFTEXT-

REFERENCES IN TEXT

Section 471 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

-COD-

CODIFICATION

''National forests'' and ''national forest'' substituted in text

for ''public forest reserves'' and ''public forest reservation'',

respectively, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat.

1269, which provided that forest reserves shall hereafter be known

as national forests.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 478, 482, 528, 551 of

this title; title 43 section 315.

-CITE-

16 USC Sec. 476 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 476. Repealed. Pub. L. 94-588, Sec. 13, Oct. 22, 1976, 90

Stat. 2958

-MISC1-

Section, acts June 4, 1897, ch. 2, Sec. 1, 30 Stat. 35; June 9,

1900, ch. 804, 31 Stat. 661; Feb. 1, 1905, ch. 288, Sec. 1, 33

Stat. 628; June 30, 1906, ch. 3913, 34 Stat. 684; Mar. 3, 1925, ch.

457, Sec. 3, 43 Stat. 1132; May 27, 1952, ch. 337, 66 Stat. 95,

authorized the Secretary of Agriculture to sell timber from

national forests. See section 472a of this title.

VALIDATION OF TIMBER SALES CONTRACTS

Section 15 of Pub. L. 94-588 provided that:

''(a) Timber sales made pursuant to the Act of June 4, 1897 (30

Stat. 35, as amended; 16 U.S.C. 476), prior to the date of

enactment of this section (Oct. 22, 1976) shall not be invalid if

the timber was sold in accord with Forest Service silvicultural

practices and sales procedures in effect at the time of the sale,

subject to the provisions of subsection (b) of this section.

''(b) The Secretary of Agriculture is directed, in developing

five-year operating plans under the provisions of existing

fifty-year timber sales contracts in Alaska, to revise such

contracts to make them consistent with the guidelines and standards

provided for in the Forest and Rangeland Renewable Resources

Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.), and to

reflect such revisions in the contract price of timber. Any such

action shall not be inconsistent with valid contract rights

approved by the final judgment of a court of competent

jurisdiction.''

-CITE-

16 USC Sec. 477 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 477. Use of timber and stone by settlers

-STATUTE-

The Secretary of Agriculture may permit, under regulations to be

prescribed by him, the use of timber and stone found upon national

forests, free of charge, by bona fide settlers, miners, residents,

and prospectors for minerals, for firewood, fencing, buildings,

mining, prospecting, and other domestic purposes, as may be needed

by such persons for such purposes; such timber to be used within

the State or Territory, respectively, where such national forests

may be located.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 35; Feb. 1, 1905, ch. 288,

Sec. 1, 33 Stat. 628.)

-COD-

CODIFICATION

''National forests'' substituted in text for ''reservations'' on

authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which

provided that forest reserves shall hereafter be known as national

forests.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with provisions of sections 473, 474 to 482, and 551 of

this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(f),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July

1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

Act Feb. 1, 1905 transferred certain functions with regard to

administration of public forests from Secretary of the Interior to

Secretary of Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 478, 482, 551 of this

title.

-CITE-

16 USC Sec. 478 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 478. Egress or ingress of actual settlers; prospecting

-STATUTE-

Nothing in sections 473 to 478, 479 to 482 and 551 of this title

shall be construed as prohibiting the egress or ingress of actual

settlers residing within the boundaries of national forests, or

from crossing the same to and from their property or homes; and

such wagon roads and other improvements may be constructed thereon

as may be necessary to reach their homes and to utilize their

property under such rules and regulations as may be prescribed by

the Secretary of Agriculture. Nor shall anything in such sections

prohibit any person from entering upon such national forests for

all proper and lawful purposes, including that of prospecting,

locating, and developing the mineral resources thereof. Such

persons must comply with the rules and regulations covering such

national forests.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36; Feb. 1, 1905, ch. 288,

Sec. 1, 33 Stat. 628.)

-COD-

CODIFICATION

''National forests'' substituted in text for ''reservations'' and

''forest reservations'' on authority of act Mar. 4, 1907, ch. 2907,

34 Stat. 1269, which provided that forest reserves shall hereafter

be known as national forests.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with provisions of sections 473, 474 to 482, and 551 of

this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(f),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July

1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

Act Feb. 1, 1905, transferred certain functions with regard to

administration of public forests from Secretary of the Interior to

Secretary of Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 482, 551 of this title.

-CITE-

16 USC Sec. 478a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 478a. Townsites

-STATUTE-

When the Secretary of Agriculture determines that a tract of

National Forest System land in Alaska or in the eleven contiguous

Western States is located adjacent to or contiguous to an

established community, and that transfer of such land would serve

indigenous community objectives that outweigh the public objectives

and values which would be served by maintaining such tract in

Federal ownership, he may, upon application, set aside and

designate as a townsite an area of not to exceed six hundred and

forty acres of National Forest System land for any one

application. After public notice, and satisfactory showing of need

therefor by any county, city, or other local governmental

subdivision, the Secretary may offer such area for sale to a

governmental subdivision at a price not less than the fair market

value thereof: Provided, however, That the Secretary may condition

conveyances of townsites upon the enactment, maintenance, and

enforcement of a valid ordinance which assures any land so conveyed

will be controlled by the governmental subdivision so that use of

the area will not interfere with the protection, management, and

development of adjacent or contiguous National Forest System lands.

-SOURCE-

(Pub. L. 85-569, July 31, 1958, 72 Stat. 438; Pub. L. 94-579, title

II, Sec. 213, Oct. 21, 1976, 90 Stat. 2760.)

-COD-

CODIFICATION

Section is also set out as section 1012a of Title 7, Agriculture.

-MISC3-

AMENDMENTS

1976 - Pub. L. 94-579 substituted provisions setting forth the

procedures applicable to designation of townsites of tracts of

National Forest System lands in Alaska or the eleven contiguous

Western States for provisions setting forth the procedures

applicable to designation of townsites from any national forest

lands or lands administered by the Secretary of Agriculture under

the Bankhead-Jones Farm Tenant Act.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see note set out under section 1701 of Title 43, Public Lands.

-CITE-

16 USC Sec. 479 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 479. Sites for schools and churches

-STATUTE-

The settlers residing within the exterior boundaries of national

forests, or in the vicinity thereof, may maintain schools and

churches within such national forest, and for that purpose may

occupy any part of the said national forest, not exceeding two

acres for each schoolhouse and one acre for a church.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36.)

-COD-

CODIFICATION

''National forests'' substituted in text for ''forest

reservations'', and ''national forest'' substituted for

''reservation'' and ''forest reservation'' on authority of act Mar.

4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest

reserves shall hereafter be known as national forests.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 478, 482, 551 of this

title.

-CITE-

16 USC Sec. 479a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 479a. Conveyance of National Forest System lands for

educational purposes

-STATUTE-

(a) Authority to convey

Upon written application, the Secretary of Agriculture may convey

National Forest System lands to a public school district for use

for educational purposes if the Secretary determines that -

(1) the public school district seeking the conveyance will use

the conveyed land for a public or publicly funded elementary or

secondary school, to provide grounds or facilities related to

such a school, or for both purposes;

(2) the conveyance will serve the public interest;

(3) the land to be conveyed is not otherwise needed for the

purposes of the National Forest System;

(4) the total acreage to be conveyed does not exceed the amount

reasonably necessary for the proposed use;

(5) the land is to be used for an established or proposed

project that is described in detail in the application to the

Secretary, and the conveyance would serve public objectives

(either locally or at large) that outweigh the objectives and

values which would be served by maintaining such land in Federal

ownership;

(6) the applicant is financially and otherwise capable of

implementing the proposed project;

(7) the land to be conveyed has been identified for disposal in

an applicable land and resource management plan under the Forest

and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.

1600 et seq.); and

(8) an opportunity for public participation in a disposal under

this section has been provided, including at least one public

hearing or meeting, to provide for public comments.

(b) Acreage limitation

A conveyance under this section may not exceed 80 acres.

However, this limitation shall not be construed to preclude an

entity from submitting a subsequent application under this section

for an additional land conveyance if the entity can demonstrate to

the Secretary a need for additional land.

(c) Costs and mineral rights

(1) A conveyance under this section shall be for a nominal cost.

The conveyance may not include the transfer of mineral or water

rights.

(2) If necessary, the exact acreage and legal description of the

real property conveyed under this section shall be determined by a

survey satisfactory to the Secretary and the applicant. The cost

of the survey shall be borne by the applicant.

(d) Review of applications

When the Secretary receives an application under this section,

the Secretary shall -

(1) before the end of the 14-day period beginning on the date

of the receipt of the application, provide notice of that receipt

to the applicant; and

(2) before the end of the 120-day period beginning on that date

-

(A) make a final determination whether or not to convey land

pursuant to the application, and notify the applicant of that

determination; or

(B) submit written notice to the applicant containing the

reasons why a final determination has not been made.

(e) Reversionary interest

If, at any time after lands are conveyed pursuant to this

section, the entity to whom the lands were conveyed attempts to

transfer title to or control over the lands to another or the lands

are devoted to a use other than the use for which the lands were

conveyed, title to the lands shall revert to the United States.

-SOURCE-

(Pub. L. 106-577, title II, Sec. 202, Dec. 28, 2000, 114 Stat.

3070.)

-REFTEXT-

REFERENCES IN TEXT

The Forest and Rangeland Renewable Resources Planning Act of

1974, referred to in subsec. (a)(7), is Pub. L. 93-378, Aug. 17,

1974, 88 Stat. 476, as amended, which is classified generally to

subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1600 of this title and Tables.

This section, referred to in subsec. (c)(2), was in the original

''this title'', meaning title II of Pub. L. 106-577, Dec. 28, 2000,

114 Stat. 3070, which enacted this section and provisions set out

as a note under this section. For complete classification of title

II to the Code, see Short Title note below and Tables.

-MISC2-

SHORT TITLE

Pub. L. 106-577, title II, Sec. 201, Dec. 28, 2000, 114 Stat.

3070, provided that: ''This title (enacting this section) may be

cited as the 'Education Land Grant Act'.''

-CITE-

16 USC Sec. 480 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 480. Civil and criminal jurisdiction

-STATUTE-

The jurisdiction, both civil and criminal, over persons within

national forests shall not be affected or changed by reason of

their existence, except so far as the punishment of offenses

against the United States therein is concerned; the intent and

meaning of this provision being that the State wherein any such

national forest is situated shall not, by reason of the

establishment thereof, lose its jurisdiction, nor the inhabitants

thereof their rights and privileges as citizens, or be absolved

from their duties as citizens of the State.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36; Mar. 1, 1911, ch. 186,

Sec. 12, 36 Stat. 963.)

-COD-

CODIFICATION

Provisions substantially in the language of this section are

contained in section 12 of act Mar. 1, 1911, applicable to national

forest lands acquired on the recommendation of the National Forest

Reservation Commission under sections 500, 515 to 519, 521, 552 and

563 of this title.

''National forests'' and ''national forest'' substituted in text

for ''forest reservations'' and ''reservation'', respectively, on

authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which

provided that forest reserves shall hereafter be known as national

forests.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 478, 482, 551 of this

title.

-CITE-

16 USC Sec. 481 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 481. Use of waters

-STATUTE-

All waters within the boundaries of national forests may be used

for domestic, mining, milling, or irrigation purposes, under the

laws of the State wherein such national forests are situated, or

under the laws of the United States and the rules and regulations

established thereunder.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36.)

-COD-

CODIFICATION

''National forests'' substituted in text for ''reservations'' and

''forest reservations'' on authority of act Mar. 4, 1907, ch. 2907,

34 Stat. 1269, which provided that forest reserves shall hereafter

be known as national forests.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 478, 482, 551 of this

title.

-CITE-

16 USC Sec. 482 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482. Mineral lands; restoration to public domain; location and

entry

-STATUTE-

Upon the recommendation of the Secretary of the Interior, with

the approval of the President, after sixty days' notice thereof,

published in two papers of general circulation in the State or

Territory wherein any national forest is situated, and near the

said national forest, any public lands embraced within the limits

of any such forest which, after due examination by personal

inspection of a competent person appointed for that purpose by the

Secretary of the Interior, shall be found better adapted for mining

or for agricultural purposes than for forest usage, may be restored

to the public domain. And any mineral lands in any national forest

which have been or which may be shown to be such, and subject to

entry under the existing mining laws of the United States and the

rules and regulations applying thereto, shall continue to be

subject to such location and entry, notwithstanding any provisions

contained in sections 473 to 478, 479 to 482 and 551 of this title.

-SOURCE-

(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-COD-

CODIFICATION

''National forest'' substituted in text for ''forest

reservation'' twice and ''reservation'' once, on authority of act

Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest

reserves shall hereafter be known as national forests.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with provisions of sections 473, 474 to 482, and 551 of

this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(f),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July

1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

For transfer of certain functions with regard to the

administration of national forests from Secretary of the Interior

to Secretary of Agriculture, see section 472 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 478, 551 of this title.

-CITE-

16 USC Sec. 482a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482a. Mining rights in Prescott National Forest

-STATUTE-

On and after January 19, 1933, mining locations made under the

United States mining laws upon lands within the municipal watershed

of the city of Prescott, within the Prescott National Forest in the

State of Arizona, specifically described as the west half southwest

quarter section 13; south half section 14; southeast quarter, and

east half southwest quarter section 15; east half, and south half

southwest quarter section 22; all of section 23; west half section

24; all of sections 26 and 27; north half north half section 34;

and north half north half section 35, township 13 north, range 2

west, Gila and Salt River Base and meridian, an area of three

thousand six hundred acres, more or less, shall confer on the

locator the right to occupy and use so much of the surface of the

land covered by the location as may be reasonably necessary to

carry on prospecting and mining, including the taking of mineral

deposits and timber required by or in the mining operations, and no

permit shall be required or charge made for such use or occupancy:

Provided, however, That the cutting and removal of timber, except

where clearing is necessary in connection with mining operations or

to provide space for buildings or structures used in connection

with mining operations, shall be conducted in accordance with the

rules for timber cutting on adjoining national-forest land, and no

use of the surface of the claim or the resources therefrom not

reasonably required for carrying on mining and prospecting shall be

allowed except under the national forest rules and regulations, nor

shall the locator prevent or obstruct other occupancy of the

surface or use of surface resources under authority of

national-forest regulations, or permits issued thereunder, if such

occupancy or use is not in conflict with mineral development.

On and after January 19, 1933, all patents issued under the

United States mining laws affecting lands within the municipal

watershed of the city of Prescott, within the Prescott National

Forest, in the State of Arizona, shall convey title to the mineral

deposits within the claim, together with the right to cut and

remove so much of the mature timber therefrom as may be needed in

extracting and removing the mineral deposits, if the timber is cut

under sound principles of forest management as defined by the

national-forest rules and regulations, but each patent shall

reserve to the United States all title in or to the surface of the

lands and products thereof, and no use of the surface of the claim

or the resources therefrom not reasonably required for carrying on

mining or prospecting shall be allowed except under the rules and

regulations of the Department of Agriculture.

Valid mining claims within the municipal watershed of the city of

Prescott, within the Prescott National Forest in the State of

Arizona, existing on January 19, 1933, and thereafter maintained in

compliance with the law under which they were initiated and the

laws of the State of Arizona, may be perfected under this section,

or under the laws under which they were initiated, as the claimant

may desire.

-SOURCE-

(Jan. 19, 1933, ch. 12, Sec. 1-3, 47 Stat. 771.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-CITE-

16 USC Sec. 482b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482b. Mount Hood National Forest; mining rights

-STATUTE-

On and after May 11, 1934, mining locations made under the United

States mining laws upon lands within the Mount Hood National Forest

in the State of Oregon shall confer on the locator the right to

occupy and use so much of the surface of the land covered by the

location as may be reasonably necessary to carry on prospecting and

mining, including the taking of mineral deposits and timber

required by or in the mining operations, and no permit shall be

required or charge made for such use or occupancy: Provided,

however, That the cutting and removal of timber, except where

clearing is necessary in connection with mining operations or to

provide space for buildings or structures used in connection with

mining operations, shall be conducted in accordance with the rules

for timber cutting on adjoining national-forest land, and no use of

the surface of the claim or the resources therefrom not reasonably

required for carrying on mining or prospecting shall be allowed

except under the national-forest rules and regulations, nor shall

the locator prevent or obstruct other occupancy of the surface or

use of surface resources under authority of national-forest

regulations, or permits issued thereunder, if such occupancy or use

is not in conflict with mineral development.

-SOURCE-

(May 11, 1934, ch. 280, Sec. 1, 48 Stat. 773.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-MISC2-

BULL RUN WATERSHED MANAGEMENT UNIT

Pub. L. 95-200, Nov. 23, 1977, 91 Stat. 1425, as amended by Pub.

L. 104-208, div. B, title VI, Sec. 601 to 604, Sept. 30, 1996, 110

Stat. 3009-541; Pub. L. 104-333, div. I, title X, Sec. 1026(a),

Nov. 12, 1996, 110 Stat. 4228; Pub. L. 107-30, Sec. 1, 2(a), (c),

Aug. 20, 2001, 115 Stat. 210, 211, provided that:

''PREAMBLE

''The Congress finds that an area of land in the State of Oregon

known variously as the Bull Run National Forest and the Bull Run

Forest Reserve is presently the source of the sole domestic water

supply for the city of Portland, Oregon (hereinafter called the

'city') and other local governmental units and persons in the

Portland metropolitan area, reserved for the city by a Presidential

proclamation issued in 1892 and furnishing an extremely valuable

resource of pure clear raw potable water, the continued production

of which should be the principal management objective in the area

hereinafter referred to as 'the unit'; that the said area is now

managed under terms of a Federal court decree issued pursuant to

turn of the century law which does not appropriately address

present and future needs and opportunities for the protection,

management, and utilization of the resources contained therein.

''SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT;

DEFINITION OF SECRETARY

''(a) Definition of Secretary. - In this Act, the term

'Secretary' means -

''(1) with respect to land administered by the Secretary of

Agriculture, the Secretary of Agriculture; and

''(2) with respect to land administered by the Secretary of the

Interior, the Secretary of the Interior.

''(b) Establishment. -

''(1) In general. - There is established, subject to valid

existing rights, a special resources management unit in the State

of Oregon, comprising approximately 98,272 acres, as depicted on

a map dated May 2000 and entitled 'Bull Run Watershed Management

Unit'.

''(2) Map. - The map described in paragraph (1) shall be on

file and available for public inspection in the offices of -

''(A) the Regional Forester-Pacific Northwest Region of the

Forest Service; and

''(B) the Oregon State Director of the Bureau of Land

Management.

''(3) Boundary adjustments. - The Secretary may periodically

make such minor adjustments in the boundaries of the unit as are

necessary, after consulting with the city and providing for

appropriate public notice and hearings.

''MANAGEMENT

''Sec. 2. (a) The unit and the renewable resources therein, shall

be administered as a watershed by the Secretary in accordance with

the laws, rules, and regulations applicable to land under the

administrative jurisdiction of the Forest Service (in the case of

land administered by the Secretary of Agriculture) or applicable to

land under the administrative jurisdiction of the Bureau of Land

Management (in the case of land administered by the Secretary of

the Interior) except to the extent that any management plan or

practice is found by the Secretary to have a significant adverse

effect on compliance with the water quality standards referred to

in section 2(c) hereof or on the quantity of the water produced

thereon for the use of the city, and other local government units

and persons using such water under agreements with the city (and

the Secretary shall take into consideration the cumulative effect

of individually insignificant degradations), in which case, and

notwithstanding any other provision of law, the management plan and

all relevant leases, permits, contracts, rights-of-way, or other

rights or authorizations issued pursuant thereto shall forthwith be

altered by the Secretary to eliminate such adverse effect by

application of different techniques or prohibitions of one or more

such practices or uses: Provided, however, That use of such water

for the production of energy and the transmission of such energy

through and over the unit are deemed consistent with the purposes

of this Act and the rights-of-way heretofore granted to Bonneville

Power Administration by the Forest Service through and over the

unit are validated and confirmed and deemed consistent with the

purposes of this Act.

''(b) Timber Cutting. -

''(1) In general. - Subject to paragraph (2), the Secretary

shall prohibit the cutting of trees on Federal land in the unit,

as designated in section 1 and depicted on the map referred to in

that section.

''(2) Permitted cutting. -

''(A) In general. - Subject to subparagraph (B), the

Secretary shall prohibit the cutting of trees in the area

described in paragraph (1).

''(B) Permitted cutting. - Subject to subparagraph (C), the

Secretary may only allow the cutting of trees in the area

described in paragraph (1) -

''(i) for the protection or enhancement of water quality in

the area described in paragraph (1); or

''(ii) for the protection, enhancement, or maintenance of

water quantity available from the area described in paragraph

(1); or

''(iii) for the construction, expansion, protection or

maintenance of municipal water supply facilities; or

''(iv) for the construction, expansion, protection or

maintenance of facilities for the transmission of energy

through and over the unit or previously authorized

hydroelectric facilities or hydroelectric projects associated

with municipal water supply facilities.

''(C) Salvage sales. - The Secretary may not authorize a

salvage sale in the area described in paragraph (1).

''(c) The policy set forth in subsections (a) and (b) shall be

attained through the development, maintenance, and periodic

revision of land management plans in accordance with procedures set

forth in section 5 (6) of the Forest and Rangeland Renewable

Resources Planning Act of 1974 (88 Stat. 477, as amended; 16 U.S.C.

1604) (in the case of land administered by the Secretary of

Agriculture) or section 202 of the Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1712) (in the case of land

administered by the Secretary of the Interior), through the

maintenance of systems for monitoring and evaluating water quality,

and through supporting scientific research as the Secretary may

deem necessary after consultation and in coordination with the

city. In the development and revision of land management plans for

the unit, the Secretary, except as otherwise provided in section

2(a) hereof, shall provide for public participation and shall

consult and coordinate with appropriate officials and advisors of

the city, and shall consider such data and research as the city may

collect through its own monitoring systems and scientific efforts,

if any. Such plans shall be prepared by an interdisciplinary team;

be embodied in appropriate written material, including maps and

other descriptive documents; shall contain water quality standards

developed by the Secretary after consultation and in cooperation

with the city, which standards shall be substantially based on and

shall reflect a quality of water not significantly less than the

quality reflected by percentile curves developed from data

collected from 1967 through 1975 and, if none, from data collected

in the first three years of record thereafter; and be available to

the public at convenient locations. The initial plan or plans

shall be completed as soon as practicable after the enactment of

this Act (Nov. 23, 1977), but not later than September 30, 1979.

Current data shall be compared to historical data at least annually

for the purpose of determining compliance with the standards and

the significance of any deviation therefrom. Deviations occurring

from operation, maintenance, alteration, or construction of water

storage, or electrical generation and transmission facilities,

seasonal fluctuations, variations in climate, and other natural

phenomena, fire, or acts of God, shall not be considered in

determining the historical or current percentile curves.

''(d) The Secretary or his representative shall, upon request,

and at least annually, meet with appropriate officials of the city

for the purpose of reviewing planned management programs and the

impact thereof on the quality and quantity of the water produced on

the unit and assuring that their respective management and

operational activities within the unit are appropriately

coordinated. The Secretary shall negotiate in good faith

cooperative agreements with appropriate officials of the city to

effectuate activity coordination.

''(e) In the event there is disagreement between the city and the

Secretary with respect to the development or revision of the water

quality standards provided for herein, or with respect to the

effect or the significance of such effect of one or more proposed

or existing programs, practices, uses, regulations, or boundary

adjustments (except as otherwise specifically provided for herein),

on the quantity of the water produced on said unit, or on

compliance with the water quality standards referred to in section

2(a) and (b) (now (c)) hereof and, therefore, with respect to the

necessity for an alteration or prohibition of any such program,

practice, use, regulation, or boundary adjustment as required in

section 2(a) hereof, an arbitration board for resolving such

disagreements shall be established. The Secretary and the city

shall, each, forthwith appoint one member to such board and those

two members shall select a third. In the event agreement cannot be

reached on the third member within seven days after the appointment

of the first two, the third member shall be appointed by the

presiding judge of the United States District Court for the

District of Oregon within seven days after being notified of such

disagreement by either of the first two members. All of said

members shall be qualified to make a scientific determination of

the facts. The contentions of the city and the Secretary shall be

submitted to the board in the form of written contentions of fact

together with the evidence and analysis that tends to support the

position being presented. The board shall forthwith consider and

decide, on a scientific basis, the issues in disagreement by

majority vote, taking into consideration the evidence and data

presented by the parties and such other tests and data which the

board by majority vote may require. The decision of such board

shall be in the form of written findings of fact and conclusions

based thereon and shall be final and binding on the parties. The

Secretary and the city shall compensate their designees and share

equally the compensation of the third member, and shall provide

such technical and administrative support as required.

''(f) The Secretary is authorized, after consultation with the

city, to promulgate regulations for controlling entry into the unit

by all persons including but not limited to -

''(1) employees or contractors of the city engaged in the

inspection, maintenance, construction, or improvement of the

city's facilities;

''(2)(i) Federal, State, and local government officers and (ii)

employees thereof acting in an official capacity;

''(3) Federal, State, and local government permittees and

contractors conducting authorized activities;

''(4) members of advisory groups formed pursuant to this Act or

ordinances of the city in the performance of their official

duties:

Provided, That no regulation promulgated pursuant to this

subsection shall prohibit ingress or egress to non-Federal lands or

to authorized occupancies on, or uses of, Federal lands: Provided

further, That the Secretary may independently and directly prohibit

or restrict all entry into the unit during fire or other

emergencies as he may determine.

''EFFECT ON OTHER LAWS

''Sec. 3. (a) Nothing in this Act shall terminate or affect any

lease, permit, contract, patent, right-of-way, or other land use

right or authorization existing on the date of approval of this Act

(Nov. 23, 1977) and otherwise valid except for the provisions of

section 1862 of title 18 of the United States Code.

''(b) Nothing in this Act shall in any way affect any law

governing appropriation or use of, or Federal right to, water on

National Forest System lands; or as expanding or diminishing

Federal, State, or local jurisdiction, responsibility, interests,

or rights in water resources development or control.

''(c) Section 1862 of title 18 of the United States Code is

hereby repealed.

''(d) Except as otherwise provided for herein, this Act shall

take precedence over and supersede all State and local laws dealing

with or affecting the subject matter of this Act.

''(e) Challenge to actions taken by any governmental unit or

official under the provisions of this Act shall not be sustained by

any court except upon a showing or arbitrary, unreasonable,

capricious, or illegal action or an absence of substantial good

faith compliance with the procedural provisions hereof

substantially prejudicing the rights of an interested party.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482d of this title.

-CITE-

16 USC Sec. 482c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482c. Patents affecting forest lands

-STATUTE-

On and after May 11, 1934, all patents issued under the United

States mining laws affecting lands within the Mount Hood National

Forest within the State of Oregon shall convey title to the mineral

deposits within the claim, together with the right to cut and

remove so much of the timber therefrom as may be needed in

extracting and removing the mineral deposits, if the timber is cut

under sound principles of forest management as defined by the

national-forest rules and regulations, but each patent shall

reserve to the United States all title in or to the surface of the

lands and products thereof, and no use of the surface of the claim

or the resources therefrom not reasonably required for carrying on

mining or prospecting shall be allowed except under the rules and

regulations of the Forest Service.

-SOURCE-

(May 11, 1934, ch. 280, Sec. 2, 48 Stat. 773.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482d of this title.

-CITE-

16 USC Sec. 482d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482d. Perfection of claims within forest

-STATUTE-

Valid mining claims within the Mount Hood National Forest in the

State of Oregon existing on May 11, 1934, and thereafter maintained

in compliance with the law under which they were initiated and the

laws of the State of Oregon, may be perfected under sections 482b

and 482c of this title, or under the law under which they were

initiated, as the claimant may desire.

-SOURCE-

(May 11, 1934, ch. 280, Sec. 3, 48 Stat. 773.)

-CITE-

16 USC Sec. 482e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482e. Lincoln National Forest; mining rights

-STATUTE-

On and after June 13, 1939, mining locations made under the

United States mining laws upon lands within the watershed of the

headwaters of the Bonito River in the Lincoln National Forest

within the State of New Mexico, specifically described as those

certain pieces or parcels of land situate, lying, and being in the

county of Lincoln, State of New Mexico, described as follows:

The east half east half section 12, east half east half section

13, east half northeast quarter section 24, township 10 south,

range 10 east, New Mexico principal meridian; southeast quarter

section 25, southwest quarter section 26, south half section 27,

southeast quarter and south half southwest quarter section 28,

southeast quarter section 31, and all of sections 32, 33, 34, 35,

and 36, township 9 south, range 11 east, New Mexico principal

meridian; all of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 27, 28, and 29, north half

section 19, north half and southwest quarter section 24, northwest

quarter section 26, north half northeast quarter section 32, and

north half north half section 33, township 10 south, range 11 east,

New Mexico principal meridian; southwest quarter section 25, south

half of fractional section 26, all of fractional section 35, and

all of section 36, township 9 south, range 12 east, New Mexico

principal meridian; all of section 1, all of fractional section 2,

all of fractional section 11, all of section 12, all of section 13,

all of fractional section 14, north half of fractional section 23,

and north half section 24, township 10 south, range 12 east, New

Mexico principal meridian; having an area of approximately

thirty-nine and three hundred and seventy-six one-thousandths

square miles, shall confer on the locator the right to occupy and

use only so much of the surface of the land covered by the location

as may be reasonably necessary to carry on prospecting and mining,

including the taking of mineral deposits and timber required by or

in the mining operations, and no permit shall be required or charge

made for such use or occupancy: Provided, however, That the cutting

and removal of timber, except where clearing is necessary in

connection with mining operations or to provide space for buildings

or structures used in connection with mining operations, shall be

conducted in accordance with the rules for timber cutting on

adjoining national-forest land, and no use of the surface of the

claim or the resources therefrom not reasonably required for

carrying on mining and prospecting shall be allowed except under

the national-forest rules and regulations, nor shall the locator

prevent or obstruct other occupancy of the surface or use of

surface resources under authority of national-forest regulations,

or permits issued thereunder, if such occupancy or use is not in

conflict with mineral development.

-SOURCE-

(June 13, 1939, ch. 201, Sec. 1, 53 Stat. 817.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482g of this title.

-CITE-

16 USC Sec. 482f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482f. Patents affecting forest lands

-STATUTE-

On and after June 13, 1939, all patents issued under the United

States mining laws affecting lands within the watershed of

headwaters of the Bonito River in the Lincoln Forest, in the State

of New Mexico, shall convey title to the mineral deposits within

the claim, together with the right to cut and remove so much of the

mature timber therefrom as may be needed in extracting and removing

the mineral deposits, if the timber is removed in accordance with

the rules for timber cutting on adjoining national-forest land, but

each patent shall reserve to the United States all title in or to

the surface of the lands and products thereof, and no use of the

surface of the claim or the resources therefrom not reasonably

required for carrying on mining or prospecting shall be allowed

except under the rules and regulations of the Department of

Agriculture.

-SOURCE-

(June 13, 1939, ch. 201, Sec. 2, 53 Stat. 818.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482g of this title.

-CITE-

16 USC Sec. 482g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482g. Perfection of claims within forest

-STATUTE-

Valid mining claims within the watershed of the headwaters of the

Bonito River in the Lincoln National Forest, within the State of

New Mexico, as above described, existing on June 13, 1939, and

thereafter maintained in compliance with the law under which they

were initiated and the laws of the State of New Mexico, may be

perfected under sections 482e and 482f of this title, or under the

laws under which they were initiated, as the claimant may desire.

-SOURCE-

(June 13, 1939, ch. 201, Sec. 3, 53 Stat. 818.)

-CITE-

16 USC Sec. 482h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482h. Coronado National Forest; mining rights

-STATUTE-

On and after March 15, 1940, mining locations made under the

mining laws of the United States upon lands within four hundred

feet of the center line of the Catalina Highway, Coronado National

Forest, Arizona, which highway begins at the south boundary of said

national forest near the southeast corner of section 7, township 13

south, range 16 east, Gila and Salt River base and meridian, and

runs in a general northerly direction for a distance of about

twenty-five miles to Soldier Camp, shall confer on the locator no

right to the surface of the land described in his location other

than the right to occupy and use, under the rules and regulations

relating to the administration of the Coronado National Forest, so

much thereof as may be reasonably necessary to carry on prospecting

and mining, and shall not authorize the taking of any resource

other than the mineral deposits, or the occupancy of said land for

any purpose other than prospecting and mining; and each patent

issued thereafter under the United States mining laws upon a

mineral location made upon lands within four hundred feet of said

center line shall convey title only to the mineral deposits within

said land and the right, subject to rules and regulations relating

to the national forests, to occupy and use the surface of the land

for prospecting and mining only: Provided, That valid mining claims

within said lands existing on March 15, 1940, and thereafter

maintained in compliance with the laws under which they were

initiated and the laws of the State of Arizona may be perfected in

accordance with the laws under which they were initiated.

-SOURCE-

(Mar. 15, 1940, ch. 59, 54 Stat. 52.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-CITE-

16 USC Sec. 482h-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482h-1. Protection of scenic values of forest

-STATUTE-

On and after June 11, 1946, mining locations made under mining

laws of the United States within the following-described lands

within the Coronado National Forest, Pima County, Arizona: Sections

25, 26, 35, and 36, and the east half of section 34, township 11

south, range 15 east; sections 30, 31, 32, and 33, and the west

half of section 29, township 11 south, range 16 east; sections 1,

2, and 3, township 12 south, range 15 east; sections 3, 4, 5, 6, 7,

8, 9, 10, 15, and 16, the west half of section 11, the west half of

section 14, and the northwest quarter of section 23, township 12

south, range 16 east; Gila and Salt River base and meridian, shall

confer on the locator the right to occupy and use so much of the

surface of the land covered by the location as may be reasonably

necessary to carry on prospecting, mining, and beneficiation of

ores including the taking of mineral deposits and timber required

by or in the mining and ore reducing operations, and no permit

shall be required or charge made for such use or occupancy:

Provided, however, That the cutting and removal of timber, except

where clearing is necessary in connection with mining operations or

to provide space for buildings or structures used in connection

with mining operations, shall be conducted in accordance with the

rules for timber cutting on adjoining national-forest land, and no

use of the surface of the claim or the resources therefrom not

reasonably required for carrying on mining and prospecting shall be

allowed except under the national-forest rules and regulations, nor

shall the locator prevent or obstruct other occupancy of the

surface or use of surface resources under authority of

national-forest regulations, or permits issued thereunder, if such

occupancy or use is not in conflict with mineral development.

-SOURCE-

(June 11, 1946, ch. 377, Sec. 1, 60 Stat. 254.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482h-3 of this title.

-CITE-

16 USC Sec. 482h-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482h-2. Cutting of timber; reservation of patent rights

-STATUTE-

On and after June 11, 1946, all patents issued under the United

States mining laws affecting lands within the above-described area

shall convey title to the mineral deposits within the claim,

together with the right to cut and remove so much of the mature

timber therefrom as may be needed in extracting and removing and

beneficiation of the mineral deposits, if the timber is cut under

sound principles of forest management as defined by the

national-forest rules and regulations, but each patent shall

reserve to the United States all title in or to the surface of the

lands and products thereof, and no use of the surface of the claim

or the resources therefrom not reasonably required for carrying on

mining or prospecting shall be allowed except under the rules and

regulations of the Department of Agriculture.

-SOURCE-

(June 11, 1946, ch. 377, Sec. 2, 60 Stat. 255.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482h-3 of this title.

-CITE-

16 USC Sec. 482h-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482h-3. Perfection of mining claims

-STATUTE-

Valid mining claims within the said lands, existing on June 11,

1946, and thereafter maintained in compliance with the law under

which they were initiated and the laws of the State of Arizona, may

be perfected under sections 482h-1 to 482h-3 of this title, or

under the laws under which they were initiated, as the claimant may

desire.

-SOURCE-

(June 11, 1946, ch. 377, Sec. 3, 60 Stat. 255.)

-CITE-

16 USC Sec. 482i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482i. Plumas National Forest; offer of lands; additions;

mining rights

-STATUTE-

Within the following-described areas any lands not in Government

ownership which are found by the Secretary of Agriculture to be

chiefly valuable for national-forest purposes may be offered in

exchange under the provisions of sections 485 and 486 of this

title, upon notice as therein provided and upon acceptance of

title, shall become parts of the Plumas National Forest; and any of

such described areas in Government ownership found by the

Secretaries of Agriculture and the Interior to be chiefly valuable

for national-forest purposes and not now parts of any national

forest may be added to said national forest as herein provided by

proclamation of the President, subject to all valid claims and

provisions of existing withdrawals: Provided, That any lands

received in exchange under the provisions of this section shall be

open to mineral locations, mineral development, and patent in

accordance with the mining laws of the United States:

Township 18 north, range 7 east, Mount Diablo base and meridian,

California: Sections 3, 4, 5, 9, 10, 11, 12, 13, 15, 22, 23, 26,

and 27.

-SOURCE-

(June 5, 1942, ch. 334, 56 Stat. 311.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-CITE-

16 USC Sec. 482j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482j. Santa Fe National Forest; mining rights; protection of

scenic values

-STATUTE-

On and after June 10, 1949, mining locations made under mining

laws of the United States within the following-described lands

within the Santa Fe National Forest, Santa Fe, New Mexico: Sections

1, 2, 3, the northeast quarter of section 11 and the north half of

section 12, in surveyed township 17 north, range 10 east; sections

12, 13, 14, 15, 16, 36, and that portion of section 25, outside the

boundaries of the Gabaldon Grant in surveyed township 18 north,

range 10 east; three thousand eight hundred and forty acres, more

or less, in unsurveyed township 18 north, range 11 east, expected

to be legally described, when surveyed, as sections 7, 8, 18, 19,

and 30, the northeast quarter of section 17, the west half of

section 17 and the west half of section 20, township 18 north,

range 11 east, New Mexico principal meridian, shall confer on the

locator the right to occupy and use so much of the surface of the

land covered by the location as may be reasonably necessary to

carry on prospecting, mining, and beneficiation of ores including

the taking of mineral deposits and timber required by or in the

mining and ore reducing operations, and no permit shall be required

or charge made for such use or occupancy: Provided, however, That

the cutting and removal of timber, except where clearing is

necessary in connection with mining operations or to provide space

for buildings or structures used in connection with mining

operations, shall be conducted in accordance with the rules for

timber cutting on adjoining national-forest land, and no use of the

surface of the claim or the resources therefrom not reasonably

required for carrying on mining and prospecting shall be allowed

except under the national-forest rules and regulations, nor shall

the locator prevent or obstruct other occupancy of the surface or

use of surface resources under authority of national-forest

regulations, or permits issued thereunder, if such occupancy or use

is not in conflict with mineral development.

-SOURCE-

(June 10, 1949, ch. 190, Sec. 1, 63 Stat. 168.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482l of this title.

-CITE-

16 USC Sec. 482k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482k. Patents affecting forest lands

-STATUTE-

On and after June 10, 1949, all patents issued under the United

States mining laws affecting lands within the above-described area

shall convey title to the mineral deposits within the claim,

together with the right to cut and remove so much of the mature

timber therefrom as may be needed in extracting and removing and

beneficiation of the mineral deposits, if the timber is cut under

sound principles of forest management as defined by the

national-forest rules and regulations, but each patent shall

reserve to the United States all title in or to the surface of the

lands and products thereof, and no use of the surface of the claim

or the resources therefrom not reasonably required for carrying on

mining or prospecting shall be allowed except under the rules and

regulations of the Department of Agriculture.

-SOURCE-

(June 10, 1949, ch. 190, Sec. 2, 63 Stat. 168.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482l of this title.

-CITE-

16 USC Sec. 482l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482l. Perfection of mining claims within forest

-STATUTE-

Valid mining claims within the said lands, existing on June 10,

1949, and thereafter maintained in compliance with the law under

which they were initiated and the laws of the State of New Mexico,

may be perfected under sections 482j to 482l of this title, or

under the laws under which they were initiated, as the claimant may

desire.

-SOURCE-

(June 10, 1949, ch. 190, Sec. 3, 63 Stat. 169.)

-CITE-

16 USC Sec. 482m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482m. Teton National Forest in Wyoming; additional lands

-STATUTE-

The following-described lands of the Jackson Hole National

Monument are made a part of the Teton National Forest and shall be

administered hereafter in accordance with the laws applicable to

said forest:

SIXTH PRINCIPAL MERIDIAN

Township 45 north, range 113 west: Section 21, lot 5; section 22,

lots 2 and 6; section 23, lot 3; section 26, lots 2, 3, 6, 7,

southwest quarter northwest quarter, southwest quarter and

southwest quarter southeast quarter; section 27, lots 1, 2, 4, 6,

7, 8, 9, southeast quarter northeast quarter and south half;

section 28, lot 1, southeast quarter northeast quarter and east

half southeast quarter; section 29, lots 2, 4, 5, 6, 8, southwest

quarter northeast quarter, northwest quarter southeast quarter,

south half northwest quarter, and north half southwest quarter;

section 30, lot 7, south half northeast quarter, north half

southeast quarter and southeast quarter southeast quarter; section

31, lots 1 and 2; section 32, lots 2 and 5; section 33, east half

northeast quarter and northeast quarter southeast quarter; section

34, north half and north half south half; section 35, north half,

containing in all two thousand eight hundred six and thirty-four

one-hundredths acres, more or less.

-SOURCE-

(Sept. 14, 1950, ch. 950, Sec. 3, 64 Stat. 850.)

-REFTEXT-

REFERENCES IN TEXT

The Jackson Hole National Monument, referred to in text, was

created in Wyoming by Presidential Proc. No. 2578, Mar. 15, 1943,

57 Stat. 731. For provisions transferring other lands of such

former national monument, see sections 406d-1 and 673b of this

title.

-MISC2-

REVOCATION OF TEMPORARY WITHDRAWALS OF PUBLIC LANDS

Revocation of temporary withdrawals of public lands in aid of

legislation pertaining to parks, monuments, etc., adjacent to Grand

Teton National Park in Wyoming, see note under section 406d-1 of

this title.

REPEAL OF INCONSISTENT LAWS

Repeal of laws inconsistent with act Sept. 14, 1950, see note set

out under section 406d-1 of this title.

-CITE-

16 USC Sec. 482n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482n. Coconino National Forest; mining rights; protection of

scenic values

-STATUTE-

On and after May 24, 1949, mining locations made under the mining

laws of the United States within the following-described lands

within the Coconino National Forest, Coconino County, Arizona:

Sections 14, 15, 19, 20, 22, 27, 28, 29, 34, of township 19 north,

range 6 east; and sections 4, 5, 8, 9, 16, 17, 20, 21, 22, 27, 28,

33, and 34 of township 18 north, range 6 east; and sections 1, 2,

3, 4, southeast quarter of section 8, sections 9, 10, 11, and 12,

of township 17 north, range 6 east; Gila and Salt River base and

meridian, shall confer on the locator the right to occupy and use

so much of the surface of the land covered by the location as may

be reasonably necessary to carry on prospecting, mining, and

beneficiation of ores including the taking of mineral deposits and

timber required by or in the mining and ore reducing operations,

and no permit shall be required or charge made for such use or

occupancy: Provided, however, That the cutting and removal of

timber, except where clearing is necessary in connection with

mining operations or to provide space for buildings or structures

used in connection with mining operations, shall be conducted in

accordance with the rules for timber cutting on adjoining

national-forest land, and no use of the surface of the claim or the

resources therefrom not reasonably required for carrying on mining

and prospecting shall be allowed except under the national-forest

rules and regulations, nor shall the locator prevent or obstruct

other occupancy of the surface or use of surface resources under

authority of national-forest regulations, or permits issued

thereunder, if such occupancy or use is not in conflict with

mineral development.

-SOURCE-

(May 24, 1949, ch. 136, Sec. 1, 63 Stat. 75.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 482n-2, 482n-3 of this

title.

-CITE-

16 USC Sec. 482n-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482n-1. Cutting of timber within forest; reservation of patent

rights

-STATUTE-

On and after May 24, 1949, all patents issued under the United

States mining laws affecting lands within the above-described area

shall convey title to the mineral deposits within the claim,

together with the right to cut and remove so much of the mature

timber therefrom as may be needed in extracting and removing and

beneficiation of the mineral deposits, if the timber is cut under

sound principles of forest management as defined by the

national-forest rules and regulations, but each patent shall

reserve to the United States all title in or to the surface of the

lands and products thereof, and no use of the surface of the claim

or the resources therefrom not reasonably required for carrying on

mining or prospecting shall be allowed except under the rules and

regulations of the Department of Agriculture.

-SOURCE-

(May 24, 1949, ch. 136, Sec. 2, 63 Stat. 75.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 482n-2, 482n-3 of this

title.

-CITE-

16 USC Sec. 482n-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482n-2. Perfection of mining claims within forest

-STATUTE-

Valid mining claims within the said lands, existing on May 24,

1949, and thereafter maintained in compliance with the law under

which they were initiated and the laws of the State of Arizona, may

be perfected under sections 482n to 482n-3 of this title, or under

the laws under which they were initiated, as the claimant may

desire.

-SOURCE-

(May 24, 1949, ch. 136, Sec. 3, 63 Stat. 76.)

-REFTEXT-

REFERENCES IN TEXT

May 24, 1949, referred to in text, was in the original ''the date

of enactment of this Act''. The date thus referred to is deemed to

relate to the date of enactment of section 482n-3 of this title,

May 19, 1955, as applied to any land described in section 482n-3 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482n-3 of this title.

-CITE-

16 USC Sec. 482n-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482n-3. Sedona-Oak Creek area

-STATUTE-

The provisions of sections 482n to 482n-2 of this title are

extended to the following-described lands within the Coconino

National Forest, Coconino and Yavapai Counties, Arizona:

Sections 8, 9, 10, 15, 16, 17, 19, 20, 21, 22, 23, 26, 27, 28,

29, 30, 31, 32, 33, 34, 35, 36, and the southwest quarter of

section 25, township 18 north, range 4 east;

Sections 13, 14, 15, 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32,

33, 34, 35, 36, and the east half of the east half of section 29,

township 18 north, range 5 east;

Sections 18, 19, 29, 30, 31, and 32, township 18 north, range 6

east;

Sections 1 to 36, inclusive, township 17 north, range 5 east;

Sections 5, 6, 7, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27,

28, 29, 30, 31, 32, 33, 34, 35, and all of section 8 except the

southeast quarter, township 17 north, range 6 east;

Sections 11, 12, 13, 14, 23, and 24, township 16 north, range 5

east.

Sections 7, 8, 9, 10, 16, 17, 18, 19, and 20, township 16 north,

range 6 east, Gila and Salt River Base and meridian: Provided,

however, That as applied to any lands described in this section,

the word ''hereinafter'' in sections 482n and 482n-1 of this title

and the words ''date of the enactment of this Act'' in section

482n-2 of this title, shall be deemed to relate to the date of the

enactment of this section.

-SOURCE-

(May 24, 1949, ch. 136, Sec. 4, as added May 19, 1955, ch. 42, 69

Stat. 50.)

-REFTEXT-

REFERENCES IN TEXT

The words ''date of the enactment of this Act'' as relating to

section 482n-2 of this title changed to ''May 24, 1949'', for

purposes of codification in section 482n-2. The word

''hereinafter'' does not appear in sections 482n and 482n-1 of this

title, but the word ''Hereafter'' was changed to ''On and after May

29, 1942'' in those sections for purposes of codification.

The date of the enactment of this section, referred to in text,

is May 19, 1955.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482n-2 of this title.

-CITE-

16 USC Sec. 482o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482o. Kaibab National Forest; mining rights; protection of

scenic values

-STATUTE-

On and after July 12, 1951 mining locations made under the mining

laws of the United States within the following-described lands

within the Kaibab National Forest, Coconino County, Arizona:

Sections 2, 11, 12, 13, 14, 23, and 26, township 22 north, range

2 east;

Sections 1, 12, and 13, township 28 north, range 2 east;

Sections 1, 12, 13, 24, 25, and 36, township 29 north, range 2

east;

Sections 13, 24, 25, and 36, township 30 north, range 2 east;

Section 18, township 30 north, range 3 east;

Sections 12 and 13, township 30 north, range 5 east;

Sections 7, 18, 19, 29, 30, 32, and 33, township 30 north, range

6 east;

Sections 3 and 4, township 29 north, range 6 east, Gila and Salt

River Base and meridian; and also those mining locations made under

the mining laws of the United States on public domain lands within

those particular sections of townships 23 north, 24 north, 25

north, 26 north, 27 north, and 28 north, all in range 2 east, Gila

and Salt River Base and meridian, through which there extends

Arizona State Highway numbered 64 and a strip of land one thousand

feet wide on each side of the center line of the right-of-way

thereof; shall confer on the locator the right to occupy and use so

much of the surface of the land covered by the location as may be

reasonably necessary to carry on prospecting, mining, and

beneficiation of ores, including the taking of mineral deposits and

timber required by or in the mining and ore-reducing operations,

and no permit shall be required or charge made for such use or

occupancy: Provided, however, That the cutting and removal of

timber, except where clearing is necessary in connection with

mining operations or to provide space for buildings or structures

used in connection with mining operations, shall be conducted in

accordance with the rules for timber cutting on adjoining

national-forest land, or rules and regulations issued by the

Secretary of the Interior under sections 482o to 482q of this title

with respect to public domain lands under his jurisdiction, and no

use of the surface of the claim or the resources therefrom not

reasonably required for carrying on mining and prospecting shall be

allowed except under the national-forest rules and regulations or

rules and regulations of the Secretary of the Interior, as the case

may be, nor shall the locator prevent or obstruct other occupancy

of the surface or use of surface resources under authority of such

regulations, or permits issued thereunder, if such occupancy or use

is not in conflict with mineral development.

-SOURCE-

(July 12, 1951, ch. 222, Sec. 1, 65 Stat. 118.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482q of this title.

-CITE-

16 USC Sec. 482p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482p. Patents affecting lands within forest

-STATUTE-

On and after July 12, 1951, all patents issued under the United

States mining laws affecting lands within the above-described area

shall convey title to the mineral deposits within the claim,

together with the right to cut and remove so much of the mature

timber therefrom as may be needed in extracting and removing and

beneficiation of the mineral deposits, if the timber is cut under

sound principles of forest management as defined by such rules and

regulations, but each patent shall reserve to the United States all

title in or to the surface of the lands and products thereof, and

no use of the surface of the claim or the resources therefrom not

reasonably required for carrying on mining or prospecting shall be

allowed except under the rules and regulations of the Department of

Agriculture or the Department of the Interior, respectively.

-SOURCE-

(July 12, 1951, ch. 222, Sec. 2, 65 Stat. 118.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 482o, 482q of this title.

-CITE-

16 USC Sec. 482q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 482q. Perfection of mining claims within forest

-STATUTE-

Valid mining claims within the said lands, existing on July 12,

1951, and thereafter maintained in compliance with the law under

which they were initiated and the laws of the State of Arizona, may

be perfected under sections 482o to 482q of this title, or under

the laws under which they were initiated, as the claimant may

desire.

-SOURCE-

(July 12, 1951, ch. 222, Sec. 3, 65 Stat. 119.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482o of this title.

-CITE-

16 USC Sec. 483, 484 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 483, 484. Repealed. Pub. L. 86-596, Sec. 3, July 6, 1960, 74

Stat. 335

-MISC1-

Sections, act Sept. 22, 1922, ch. 404, Sec. 1, 2, 42 Stat. 1017,

related to exchange of lands in national forests with persons who

have relinquished lands as basis for lieu selection, procedure,

relinquishment of original lands to such persons, and selection of

other lands in lieu of lands relinquished.

-CITE-

16 USC Sec. 484a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 484a. Exchange of lands in national forests; public schools;

deposit of funds by school authority with insufficient exchange

land; limitations on use

-STATUTE-

Whenever an exchange of land is proposed by a State, county, or

municipal government or public school district or other public

school authority under sections 485 and 486 of this title or other

authority under which the Secretary of Agriculture is authorized to

exchange national forest lands or other lands administered by the

Forest Service, if the State, county, or municipal government or

public school authority proposing the exchange has insufficient

land to offer, the exchange may be completed upon deposit with the

Secretary of Agriculture of a portion or all of the value of the

selected land. Any amount so deposited shall be covered into a

special fund in the Treasury which when appropriated shall be

available until expended by the Secretary of Agriculture for the

acquisition of lands in the same State as the selected lands and

which are determined by him to be suitable for the same purposes as

the selected lands. Lands so acquired shall have the same status

and shall be subject to the same laws, regulations, and rules as

the selected lands.

The provisions of this section shall not be applicable to the

conveyance in exchange of more than eighty acres to any one State,

county, or municipal government or public school district or other

public school authority. Lands may be conveyed to any State,

county, or municipal government pursuant to this section only if

the lands were being utilized by such entities on January 12, 1983.

Lands so conveyed may be used only for the purposes for which they

were being used prior to conveyance.

-SOURCE-

(Pub. L. 90-171, Dec. 4, 1967, 81 Stat. 531; Pub. L. 97-465, Sec.

8, Jan. 12, 1983, 96 Stat. 2536.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-465 inserted references to State, county, or

municipal government in three places in existing provisions and

inserted provision authorizing the conveyance of lands to any

State, county, or municipal government pursuant to this section

only if the lands were being utilized by such entities on January

12, 1983, and requiring that lands so conveyed be used only for the

purposes for which they were being used prior to conveyance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 1777c.

-CITE-

16 USC Sec. 485 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 485. Exchange of lands in national forests; cutting timber in

national forests in exchange for lands therein

-STATUTE-

When the public interests will be benefited thereby, the

Secretary of Agriculture is authorized in his discretion to accept

on behalf of the United States title to any lands within the

exterior boundaries of the national forests which, in his opinion,

are chiefly valuable for national-forest purposes, and in exchange

therefor may patent not to exceed an equal value of such

national-forest land, in the same State, surveyed and nonmineral in

character, or he may authorize the grantor to cut and remove an

equal value of timber within the national forests of the same

State; the values in each case to be determined by him. Before any

such exchange is effected notice of the contemplated exchange

reciting the lands involved shall be published once each week for

four successive weeks in some newspaper of general circulation in

the county or counties in which may be situated the lands to be

accepted, and in some like newspaper published in any county in

which may be situated any lands or timber to be given in such

exchange. Timber given in such exchanges shall be cut and removed

under the laws and regulations relating to the national forests,

and under the direction and supervision and in accordance with the

requirements of the Secretary of Agriculture. Lands conveyed to the

United States under this section and section 486 of this title

shall, upon acceptance of title, become parts of the national

forest within whose exterior boundaries they are located.

-SOURCE-

(Mar. 20, 1922, ch. 105, Sec. 1, 42 Stat. 465; Pub. L. 86-509, Sec.

1(a), June 11, 1960, 74 Stat. 205.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior under this section and

section 486 of this title, with respect to exchanges of non-Federal

lands for national forest lands or timber, transferred to Secretary

of Agriculture, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205,

set out as a note under section 2201 of Title 7, Agriculture.

''Secretary of Agriculture is authorized'', ''in his opinion'',

''he may authorize'' and ''the values in each case to be determined

by him'' substituted in text for ''Secretary of the Interior is

authorized'', ''in the opinion of the Secretary of Agriculture'',

''the Secretary of Agriculture may authorize'' and ''the values in

each case to be determined by the Secretary of Agriculture'',

respectively, in view of transfer of functions under this section

to Secretary of Agriculture from Secretary of the Interior by

section 1(a) of Pub. L. 86-509, set out as a note under section

2201 of Title 7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21c, 192b-9, 251a, 482i,

484a, 577f, 689d of this title.

-CITE-

16 USC Sec. 485a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 485a. Omitted

-COD-

CODIFICATION

Section, act Aug. 2, 1935, ch. 424, 49 Stat. 508, related to

lands adjacent to Chelan National Forest. See Codification note set

out under sections 486a to 486w of this title.

-CITE-

16 USC Sec. 486 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 486. Exchange of lands in national forests; reservations of

timber, minerals, or easements

-STATUTE-

Either party to an exchange may make reservations of timber,

minerals, or easements, the values of which shall be duly

considered in determining the values of the exchanged lands. Where

reservations are made in lands conveyed to the United States the

right to enjoy them shall be subject to such reasonable conditions

respecting ingress and egress and the use of the surface of the

land as may be deemed necessary by the Secretary of Agriculture;

where mineral reservations are made in lands conveyed by the United

States it shall be so stipulated in the patents, and that any

person who acquires the right to mine and remove the reserved

deposits may enter and occupy so much of the surface as may be

required for all purposes incident to the mining and removal of the

minerals therefrom, and may mine and remove such minerals upon

payment to the owner of the surface for damages caused to the land

and improvements thereon. All property, rights, easements, and

benefits authorized by this section to be retained by or reserved

to owners of lands conveyed to the United States shall be subject

to the tax laws of the States where such lands are located.

-SOURCE-

(Mar. 20, 1922, ch. 105, Sec. 2, as added Feb. 28, 1925, ch. 375,

43 Stat. 1090.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior under this section and

section 485 of this title, with respect to exchanges of non-Federal

lands for national forest lands or timber, transferred to Secretary

of Agriculture, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205,

set out as a note under section 2201 of Title 7, Agriculture.

-MISC5-

APPLICATION EXTENDED

Act June 25, 1935, ch. 308, 49 Stat. 422, provided that this

section should be extended and made applicable to exchanges of

lands under acts Feb. 14, 1923, ch. 75, 42 Stat. 1245, and Feb. 7,

1929, ch. 160, 45 Stat. 1154, which authorize the United States to

acquire privately owned lands situated within certain townships in

the Lincoln National Forest in the State of New Mexico, by

exchanging therefor an equal value of unreserved and unappropriated

public lands within said State.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 192b-9, 482i, 484a, 577f

of this title.

-CITE-

16 USC Sec. 486a to 486w 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 486a to 486w. Omitted

-COD-

CODIFICATION

Exchanges of lands in or adjacent to national forests were

authorized by Congress in the following instances:

Absaroka National Forest - Act May 26, 1926, ch. 399, Sec. 4, 44

Stat. 656.

Arapaho National Forest - Acts Mar. 3, 1927, ch. 340, 44 Stat.

1378; Dec. 31, 1974, Pub. L. 93-575, 88 Stat. 1878.

Ashley National Forest - Act Jan. 26, 1931, ch. 44, 46 Stat.

1040.

Black Hills National Forest - Acts Feb. 15, 1927, ch. 152, 44

Stat. 1099; June 15, 1938, ch. 388, 52 Stat. 686.

Boise National Forest - Acts July 1, 1930, ch. 85, 46 Stat. 841;

May 17, 1934, ch. 292, 48 Stat. 779; June 5, 1942, ch. 342, Sec. 1,

56 Stat. 320; July 17, 1959, Pub. L. 86-92, 73 Stat. 218; Pub. L.

106-493, Sec. 1, Nov. 9, 2000, 114 Stat. 2213.

Cache National Forest - Acts May 14, 1914, ch. 89, 38 Stat. 377;

Feb. 17, 1917, ch. 86, 39 Stat. 922; Feb. 28, 1919, chs. 73, 77, 40

Stat. 1204, 1208; Feb. 25, 1932, ch. 57, 47 Stat. 55.

Calaveras Bigtree National Forest - Acts Feb. 18, 1909, ch. 143,

35 Stat. 627; May 7, 1912, ch. 105, 37 Stat. 108.

Caribou National Forest - Acts Apr. 18, 1914, ch. 63, 38 Stat.

346; June 5, 1920, ch. 262, 41 Stat. 1056; June 16, 1948, ch. 476,

62 Stat. 455.

Carson National Forest - Acts Apr. 21, 1926, ch. 167, 44 Stat.

303; Apr. 16, 1928, ch. 378, 45 Stat. 431; May 31, 1949, ch. 152,

63 Stat. 144; Oct. 9, 1972, Pub. L. 92-474, 86 Stat. 790.

Challis National Forest - Act Apr. 10, 1928, chs. 339, 340, 45

Stat. 415.

Chattahoochee National Forest - Act July 20, 1956, ch. 656, 70

Stat. 594.

Chelan National Forest - Act Aug. 2, 1935, ch. 424, 49 Stat. 508.

Chippewa National Forest - Acts June 8, 1940, ch. 285, Sec. 3, 54

Stat. 255; Oct. 5, 1949, ch. 597, 63 Stat. 702.

Cleveland National Forest - Act June 11, 1942, ch. 407, 56 Stat.

358.

Cochetopa National Forest - Act May 3, 1934, ch. 192, 48 Stat.

658.

Colorado National Forest - Acts Sept. 8, 1916, ch. 474, 39 Stat.

848; June 4, 1920, ch. 225, 41 Stat. 757; June 2, 1924, ch. 230, 43

Stat. 252; June 9, 1926, ch. 515, Sec. 1, 44 Stat. 714.

Columbia National Forest - Act Aug. 12, 1937, ch. 588, 50 Stat.

622.

Colville National Forest - Act Mar. 4, 1927, ch. 493, 44 Stat.

1412.

Crater National Forest - Acts Feb. 11, 1920, ch. 69, 41 Stat.

405; Apr. 23, 1928, chs. 414, 415, 45 Stat. 450.

Crow Creek National Forest - Act Mar. 13, 1908, ch. 84, 35 Stat.

42.

Custer National Forest - Act Mar. 3, 1925, ch. 440, 43 Stat.

1117.

Deschutes National Forest - Acts Feb. 2, 1922, ch. 46, 42 Stat.

362; May 24, 1935, ch. 140, 49 Stat. 288.

Dixie National Forest - Act Mar. 7, 1942, ch. 162, Sec. 2, 56

Stat. 142.

Eldorado National Forest - Act Feb. 20, 1925, ch. 272, 43 Stat.

954.

Fishlake National Forest - Act July 28, 1914, ch. 212, 38 Stat.

556.

Fremont National Forest - Acts May 14, 1930, ch. 270, 46 Stat.

278; Apr. 14, 1934, ch. 138, 48 Stat. 590.

Gallatin National Forest - Act May 26, 1926, ch. 399, Sec. 5, 44

Stat. 656.

Gunnison National Forest - Acts Apr. 23, 1928, ch. 416, 45 Stat.

451; Mar. 4, 1933, ch. 277, 47 Stat. 1569.

Harney National Forest - Acts Feb. 15, 1927, ch. 152, 44 Stat.

1099; Oct. 6, 1949, ch. 620, 63 Stat. 708.

Helena National Forest - Act Apr. 23, 1930, ch. 206, 46 Stat.

250.

Idaho National Forest - Acts Oct. 17, 1919, ch. 88, 41 Stat. 324;

Apr. 10, 1928, ch. 338, 45 Stat. 415; June 30, 1932, ch. 332, 47

Stat. 474.

Idaho, national forests in - Act Apr. 30, 1934, ch. 172, 48 Stat.

649.

Kaniksu National Forest - Acts May 26, 1938, ch. 279, 52 Stat.

443; Aug. 10, 1939, ch. 661, 53 Stat. 1347; June 14, 1965, Pub. L.

89-39, 79 Stat. 129.

Kansas National Forest - Act Feb. 28, 1911, ch. 181, 36 Stat.

960.

Klamath National Forest - Act June 22, 1938, ch. 565, 52 Stat.

836.

Lassen National Forest - Acts June 3, 1924, ch. 238, 43 Stat.

356; June 22, 1938, chs. 564, 566, 52 Stat. 835, 838.

Lemhi National Forest - Act Mar. 1, 1921, ch. 101, 41 Stat. 1199.

Lincoln National Forest - Acts Feb. 14, 1923, ch. 75, 42 Stat.

1245; Feb. 7, 1929, ch. 160, 45 Stat. 1154; June 25, 1935, ch. 308,

49 Stat. 422.

Malheur National Forest - Acts Mar. 8, 1922, ch. 97, 42 Stat.

416; June 17, 1940, ch. 392, 54 Stat. 402.

Manti National Forest - Act Mar. 26, 1928, ch. 250, 45 Stat. 370.

Manzano National Forest - Act Apr. 16, 1928, ch. 378, 45 Stat.

431.

Medicine Bow National Forest - Acts June 7, 1924, ch. 307, 43

Stat. 594; Apr. 13, 1926, ch. 131, 44 Stat. 248; Aug. 20, 1935, ch.

576, 49 Stat. 662.

Minam National Forest - Act Mar. 3, 1919, ch. 107, 40 Stat. 1319.

Minidoka National Forest - Act Jan. 11, 1922, ch. 24, 42 Stat.

355.

Minnesota, national forests in - Act Dec. 7, 1942, ch. 691, 56

Stat. 1042.

Missoula National Forest - Acts Feb. 17, 1917, ch. 85, 39 Stat.

922; May 17, 1928, ch. 611, 45 Stat. 598; Mar. 1, 1929, ch. 425, 45

Stat. 1426.

Modoc National Forest - Acts Mar. 3, 1919, ch. 102, 40 Stat.

1316; Mar. 4, 1933, ch. 272, 47 Stat. 1563; June 22, 1938, ch. 564,

52 Stat. 835; Aug. 4, 1947, ch. 461, 61 Stat. 739.

Modoc, Shasta, and Lassen National Forests - Act June 22, 1938,

ch. 564, 52 Stat. 835.

Montana, national forests in - Act Jan. 30, 1929, ch. 122, 45

Stat. 1145.

Montezuma National Forest - Act May 22, 1928, ch. 686, 45 Stat.

711.

Mount Hood National Forest - Acts Feb. 28, 1925, ch. 372, 43

Stat. 1079; May 21, 1934, ch. 317, 48 Stat. 785.

National forests in Montana - Act Jan. 30, 1929, ch. 122, 45

Stat. 1145.

New Mexico, national forests in - Act June 15, 1926, ch. 590,

Sec. 1, 44 Stat. 747.

Nez Perce National Forest - Act Mar. 1, 1921, ch. 96, 41 Stat.

1196.

Nicolet National Forest - Act June 19, 1948, ch. 550, 62 Stat.

534.

Ochoco National Forest - Acts June 24, 1914, ch. 123, 38 Stat.

387; Feb. 11, 1920, ch. 67, 41 Stat. 404; June 15, 1938, ch. 397,

52 Stat. 692; June 8, 1940, ch. 279, 54 Stat. 251.

Olympic National Forest - Acts Sept. 22, 1922, ch. 424, 42 Stat.

1036; June 29, 1938, ch. 812, 52 Stat. 1241.

Oregon National Forest - Acts Oct. 21, 1918, ch. 192, 40 Stat.

1015; Feb. 11, 1920, ch. 69, 41 Stat. 405; May 20, 1920, ch. 191,

41 Stat. 605.

Paulina (Oregon) National Forest - Act July 25, 1912, ch. 252, 37

Stat. 200.

Payette National Forest - Acts Oct. 17, 1919, ch. 88, 41 Stat.

324; July 17, 1959, Pub. L. 86-92, 73 Stat. 218; Pub. L. 106-493,

Sec. 1, Nov. 9, 2000, 114 Stat. 2213.

Pike National Forest - Acts Aug. 24, 1914, ch. 285, 38 Stat. 705;

Mar. 4, 1915, ch. 173, 38 Stat. 1194; Sept. 8, 1916, chs. 469, 474,

39 Stat. 844, 848; May 3, 1934, ch. 191, 48 Stat. 657; Dec. 23,

1944, ch. 722, 58 Stat. 924.

Pisgah National Forest - Act Aug. 26, 1935, ch. 682, 49 Stat.

800.

Plumas National Forest - Acts June 3, 1924, ch. 238, 43 Stat.

356; Feb. 20, 1925, ch. 272, 43 Stat. 952; June 22, 1938, ch. 566,

52 Stat. 838; June 5, 1942, ch. 334, 56 Stat. 311.

Pocatello National Forest - Act Feb. 18, 1911, ch. 115, 36 Stat.

919.

Rainier National Forest - Acts Mar. 4, 1921, ch. 159, 41 Stat.

159; Dec. 20, 1921, ch. 11, 42 Stat. 350; May 28, 1926, ch. 410,

Sec. 1, 44 Stat. 668.

Rio Grande National Forest - Acts June 20, 1938, ch. 529, 52

Stat. 781; June 29, 1940, ch. 454, 54 Stat. 695.

Rogue River National Forest - Acts June 4, 1936, ch. 494, 49

Stat. 1460; July 27, 1937, ch. 524, 50 Stat. 534.

Roosevelt National Forest - Pub. L. 85-567, July 28, 1958, 72

Stat. 426.

Salmon National Forest - Act June 5, 1942, ch. 342, Sec. 2, 56

Stat. 320.

San Juan National Forest - Act June 29, 1940, ch. 454, 54 Stat.

695.

Santa Fe National Forest - Acts Apr. 21, 1926, ch. 167, 44 Stat.

303; Apr. 16, 1928, ch. 378, 45 Stat. 431; Oct. 9, 1972, Pub. L.

92-474, 86 Stat. 790.

Santiam National Forest - Act Feb. 28, 1925, ch. 373, 43 Stat.

1080.

Sawtooth National Forest - Act Apr. 10, 1928, ch. 339, 45 Stat.

415.

Sequoia National Forest - Acts July 3, 1926, ch. 744, 44 Stat.

818; Dec. 9, 1942, ch. 712, 56 Stat. 1044.

Sevier National Forest - Acts July 3, 1916, ch. 212, 39 Stat.

340; Jan. 7, 1921, ch. 14, 41 Stat. 1087.

Shasta and Klamath National Forests - Act June 22, 1938, ch. 565,

52 Stat. 836.

Shasta National Forest - Acts Feb. 20, 1925, ch. 272, 43 Stat.

954; June 22, 1938, chs. 564, 565, 52 Stat. 835, 836; Mar. 19,

1948, ch. 139, 62 Stat. 83, eff. July 1, 1948; July 28, 1958, Pub.

L. 85-565, 72 Stat. 425.

Shoshone National Forest - Acts Dec. 20, 1921, ch. 10, 42 Stat.

350; Mar. 4, 1927, ch. 494, 44 Stat. 1412.

Sierra National Forest - Acts June 11, 1906, Res. No. 27, 34

Stat. 832; Apr. 16, 1914, ch. 58, 38 Stat. 345; May 13, 1914, ch.

88, 38 Stat. 376; June 5, 1920, ch. 242, 41 Stat. 980.

Siskiyou National Forest - Acts Sept. 22, 1922, ch. 407, 42 Stat.

1019; June 13, 1935, ch. 222, 49 Stat. 338.

Siuslaw National Forest - Acts Feb. 11, 1920, ch. 69, 41 Stat.

405; June 30, 1932, ch. 328, 47 Stat. 451; Jan. 17, 1940, ch. 2, 54

Stat. 14; Nov. 25, 1940, ch. 915, 54 Stat. 1210; Mar. 23, 1972,

Pub. L. 92-260, Sec. 6, 86 Stat. 100.

Snoqualmie National Forest - Acts Sept. 22, 1922, ch. 424, 42

Stat. 1036; Feb. 28, 1925, ch. 369, 43 Stat. 1074; Aug. 21, 1937,

ch. 727, 50 Stat. 739.

Stanislaus National Forest - Acts Apr. 16, 1914, ch. 58, 38 Stat.

345; Feb. 20, 1925, ch. 272, 43 Stat. 954.

Tahoe National Forest - Acts Apr. 11, 1922, ch. 129, 42 Stat.

493; Feb. 20, 1925, ch. 272, 43 Stat. 954; Feb. 12, 1938, ch. 27,

Sec. 1-4, 52 Stat. 28; June 22, 1938, ch. 566, 52 Stat. 838.

Targhee National Forest - Acts Mar. 1, 1921, ch. 98, 41 Stat.

1198; June 5, 1942, ch. 342, Sec. 2, 56 Stat. 320.

Teton National Forest - Acts Aug. 16, 1916, ch. 345, 39 Stat.

515; Dec. 31, 1974, Pub. L. 93-564, 88 Stat. 1843.

Tierra Amarillo Grant adjacent to Rio Grande or San Juan National

Forests - Act June 29, 1940, ch. 454, 54 Stat. 695.

Trinity National Forest - Act June 20, 1938, ch. 533, 52 Stat.

797.

Umatilla National Forest - Acts Mar. 4, 1925, ch. 538, 43 Stat.

1279; June 19, 1936, ch. 603, 49 Stat. 1534; June 17, 1940, ch.

392, 54 Stat. 402; Oct. 9, 1980, Pub. L. 96-406, 94 Stat. 1715.

Wallowa National Forest - Acts Mar. 4, 1925, ch. 538, 43 Stat.

1279; Oct. 9, 1980, Pub. L. 96-406, Sec. 1, 2, 94 Stat. 1715.

Washakie National Forest - Acts June 14, 1926, ch. 579, 44 Stat.

742; Mar. 4, 1931, ch. 501, 46 Stat. 1521.

Weiser National Forest - Act Mar. 1, 1921, ch. 92, 41 Stat. 1194.

Wenatchee National Forest - Acts Sept. 22, 1922, ch. 424, 42

Stat. 1036; Aug. 11, 1939, ch. 697, 53 Stat. 1412.

Whitman National Forest - Acts Sept. 8, 1916, ch. 476, 39 Stat.

852; Mar. 4, 1925, chs. 538, 541, 43 Stat. 1279, 1282; June 19,

1936, ch. 603, 49 Stat. 1534; June 17, 1940, ch. 392, 54 Stat. 402.

Willamette National Forest - Act June 13, 1935, ch. 221, 49 Stat.

338.

Wyoming National Forest - Acts Aug. 16, 1916, ch. 345, Sec. 2, 39

Stat. 516; Feb. 25, 1919, ch. 20, 40 Stat. 1152.

-CITE-

16 USC Sec. 487 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 487. Cutting timber on land added to Siskiyou National Forest

-STATUTE-

The Secretary of Agriculture is authorized, in his discretion, to

sell the merchantable timber on the land added to the Siskiyou

National Forest by section 1 hereof, in accordance with the

regulations governing the sale of public timber in the national

forests, and the entire proceeds of any sale of the timber on such

land shall be deposited in the Treasury of the United States in a

special fund designated as ''The Oregon and California land-grant

fund'', referred to in the Act of Congress approved June 9, 1916,

chapter 137, section 10, Thirty-ninth Statutes, page 222, and be

disposed of in the manner therein designated, the land added

forming part of the area which revested in the United States under

the provisions of the said Act.

-SOURCE-

(Sept. 22, 1922, ch. 407, Sec. 2, 42 Stat. 1019.)

-REFTEXT-

REFERENCES IN TEXT

Section 1 hereof, referred to in text, means section 1 of act

Sept. 22, 1922, ch. 407, 42 Stat. 1019, which related to exchanges

of lands in or adjacent to Siskiyou National Forest and was not

classified to the Code. See Codification note set out under

sections 486a to 486w of this title.

Act of Congress approved June 9, 1916, referred to in text, was

not classified to the Code.

-CITE-

16 USC Sec. 487a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 487a. Cutting timber on lands added to Rogue River National

Forest

-STATUTE-

When the Secretary of Agriculture finds that merchantable timber

may be cut without detriment to the purity or depletion of the

water supply from lands added to the Rogue River National Forest by

Act of June 4, 1936, chapter 494, section 1, 49 Stat. 1460, title

to which has been revested in the United States under the Act of

Congress approved June 9, 1916 (39 Stat. 218), said Secretary is

authorized to dispose of such merchantable timber on such lands in

accordance with the rules and regulations of the Secretary of

Agriculture for the national forests and the entire proceeds of any

such sale shall be deposited in the Treasury of the United States

in a special fund designated ''The Oregon and California Land Grant

Fund'', referred to in section 10 of the said Act of June 9, 1916,

and be disposed of in the manner therein designated.

-SOURCE-

(June 4, 1936, ch. 494, Sec. 2, 49 Stat. 1461.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 4, 1936, chapter 494, section 1, 49 Stat. 1460,

referred to in text, related to exchanges of lands in or adjacent

to Rogue River National Forest and was not classified to the Code.

See Codification note set out under sections 486a to 486w of this

title.

Act of Congress approved June 9, 1916, referred to in text, was

not classified to the Code.

-CITE-

16 USC Sec. 488 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 488. Establishment of exterior boundaries of national forests

-STATUTE-

On and after Mar. 3, 1899, all standard, meander, township, and

section lines of the public-land surveys shall be established under

the direction and supervision of the Secretary of the Interior or

such officer as he may designate, whether the lands to be surveyed

are within or without national forests, except that where the

exterior boundaries of national forests are required to be

coincident with standard, township, or section lines, such

boundaries may, if not previously established in the ordinary

course of the public-land surveys, be established and marked under

the supervision of the Director of the United States Geological

Survey whenever necessary to complete the survey of such exterior

boundaries.

-SOURCE-

(Mar. 3, 1899, ch. 424, Sec. 1, 30 Stat. 1097; 1946 Reorg. Plan No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

''National forests'' substituted in text for ''reservations'' and

''public forest reservations'' on authority of act Mar. 4, 1907,

ch. 2907, 34 Stat. 1269, which provided that forest reserves shall

hereafter be known as national forests.

-CHANGE-

CHANGE OF NAME

''Secretary of the Interior or such officer as he may designate''

substituted in text for ''Commissioner of the General Land Office''

on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix

to Title 5, Government Organization and Employees.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 489 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 489. Repealed. Pub. L. 87-869, Sec. 5, Oct. 23, 1962, 76 Stat.

1157

-MISC1-

Section, act Aug. 10, 1912, ch. 284, 37 Stat. 287, related to

sale of mature, dead, and down timber.

-CITE-

16 USC Sec. 490 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 490. Deposits from timber purchasers to defray cost of

disposing of debris

-STATUTE-

Purchasers of national-forest timber may be required by the

Secretary of Agriculture to deposit the estimated cost to the

United States of disposing of brush and other debris resulting from

their cutting operations, such deposits to be covered into the

Treasury and constitute a special fund, which is appropriated and

shall remain available until expended: Provided, That any deposits

in excess of the amount expended for disposals shall be transferred

to miscellaneous receipts, forest-reserve fund, to be credited to

the receipts of the year in which such transfer is made.

-SOURCE-

(Aug. 11, 1916, ch. 313, 39 Stat. 462; Apr. 24, 1950, ch. 97, Sec.

6, 64 Stat. 84.)

-MISC1-

AMENDMENTS

1950 - Act Apr. 24, 1950, covered excess deposits into

miscellaneous receipts instead of returning them to the depositors

as was formerly the practice.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 580k of this title.

-CITE-

16 USC Sec. 491 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 491. Omitted

-COD-

CODIFICATION

Section, act May 11, 1926, ch. 286, 44 Stat. 512, which

authorized Secretary of Agriculture to permit exportation of timber

and other products from State or Territory when cut or removed from

national forests situated therein, was from Department of

Agriculture Appropriation Act, 1927, and was not repeated in

subsequent appropriations. See section 616 of this title. Similar

provisions were contained in the following prior appropriation

acts:

Feb. 10, 1925, ch. 200, 43 Stat. 834.

June 5, 1924, ch. 266, 43 Stat. 443.

Feb. 26, 1923, ch. 119, 42 Stat. 1302.

May 11, 1922, ch. 185, 42 Stat. 519.

Mar. 3, 1921, ch. 127, 41 Stat. 1326.

May 31, 1920, ch. 217, 41 Stat. 706.

July 24, 1919, ch. 26, 41 Stat. 248.

Oct. 1, 1918, ch. 178, 40 Stat. 985.

Mar. 4, 1917, ch. 179, 39 Stat. 1145.

-CITE-

16 USC Sec. 492 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 492. Earth, stone, and timber for Departments of the Army and

Navy, and Government works in Alaska

-STATUTE-

On and after March 4, 1915 the Secretary of Agriculture, under

regulations to be prescribed by him, is authorized to permit the

Navy Department to take from the national forests such earth,

stone, and timber for the use of the Navy as may be compatible with

the administration of the national forests for the purposes for

which they are established, and also in the same manner to permit

the taking of earth, stone, and timber from the national forests

for the construction of Government railways and other Government

works in Alaska. He is authorized also to permit the Department of

the Army to take earth, stone, and timber from the national forests

for use in the construction of river and harbor and other works in

charge of that department, subject to such regulations and

restrictions as he may prescribe.

-SOURCE-

(Mar. 4, 1915, ch. 144, 38 Stat. 1100; Mar. 3, 1925, ch. 467, Sec.

13, 43 Stat. 1197; May 29, 1928, ch. 901, Sec. 1(98), 45 Stat. 993;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

The first sentence of this section is from act Mar. 4, 1915, and

the last sentence is from act Mar. 3, 1925.

-MISC3-

AMENDMENTS

1928 - Act May 29, 1928, struck out provision which required the

Secretary of Agriculture to submit with his annual estimates a

report of the quantity and market value of earth, stone, and timber

furnished.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-CITE-

16 USC Sec. 493 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 493. Omitted

-COD-

CODIFICATION

Section, act May 11, 1926, ch. 286, 44 Stat. 514, which

authorized the Secretary of Agriculture to furnish young trees free

from the Nebraska National Forest to homestead settlers, was from

the Department of Agriculture Appropriation Act, 1927, and was not

repeated in subsequent appropriation acts. Similar provisions were

contained in the following prior appropriation acts:

Feb. 10, 1925, ch. 200, 43 Stat. 835.

June 5, 1924, ch. 266, 43 Stat. 445.

Feb. 26, 1923, ch. 119, 42 Stat. 1304.

May 11, 1922, ch. 185, 42 Stat. 520.

The Nebraska National Forest, Niobrara division, was redesignated

the Samuel R. McKelvie National Forest by Pub. L. 92-142, Oct. 15,

1971, 85 Stat. 393.

-CITE-

16 USC Sec. 494 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 494. Calaveras Bigtree National Forest

-STATUTE-

The Secretary of Agriculture, to secure and protect for all time

the big trees scientifically known as Sequoia washingtoniana, is

empowered, in his discretion, to obtain for the United States the

complete title to any or all of the following-described lands in

the State of California: In township 4 north, range 15 east, Mount

Diablo meridian, the northeast quarter of section 1; in township 4

north, range 16 east, Mount Diablo meridian, the north half of

section 6; in township 5 north, range 15 east, Mount Diablo

meridian, the southwest quarter of section 14, south half of

section 15, north half of section 22, northwest quarter of section

23, and southeast quarter of section 36, and in township 5 north,

range 16 east, Mount Diablo meridian, the west half of section 28,

the east half and southwest quarter of section 29, the southeast

quarter of section 30, all of sections 31, 32, and the northwest

quarter of section 33. And such area or areas, as fast as complete

title is acquired, shall be permanently held by the United States

and shall be known as the Calaveras Bigtree National Forest and

shall be administered, and protected, by the Secretary of

Agriculture from the funds appropriated for the administration of

National Forest land to prolong the existence, growth, and promote

the reproduction of said big trees. The owners of land acquired

hereunder shall convey to the United States full title to any of

the above-described areas approved for said national forest by the

Secretary of Agriculture, the completeness of such title to be

determined by the Secretary of the Interior in each case, and shall

be reimbursed therefor only in one or both of the following ways:

(1) They may be given the right to file with the Secretary of the

Interior, within sixty days after such conveyance, selections of

surveyed, unappropriated, nonmineral public lands or of nonmineral

national forest lands, and if the lands so selected shall be found

subject to selection and of the actual value in lands and stumpage

substantially equal to that of the lands and stumpage conveyed they

may be patented to said owners in lieu of the conveyed lands. In

any case where any part of the lands selected is national forest

land, the approval of the Secretary of Agriculture shall first be

secured with respect to such part, or (2) the Secretary of

Agriculture may grant to any such conveying owner the right to cut

from national forest land an amount of timber and wood

substantially equal to the amount of timber and wood on the land

acquired by the United States under the provisions of this section.

-SOURCE-

(Feb. 18, 1909, ch. 143, 35 Stat. 626; May 7, 1912, ch. 105, Sec.

1, 37 Stat. 108.)

-COD-

CODIFICATION

A proviso of the section as originally enacted ''That nothing

contained in this Act shall warrant an appropriation from the

Treasury to carry out the terms of this Act,'' was superseded by

the appropriation of a sum for the purposes of the Act by section 2

of act May 7, 1912.

-MISC3-

AMENDMENTS

1912 - Act May 7, 1912, changed provisions of original act as to

modes of reimbursement of owners of lands taken.

TRANSFER OF LANDS IN CALAVERAS BIG TREES NATIONAL FOREST TO STATE

OF CALIFORNIA

Pub. L. 101-436, Oct. 17, 1990, 104 Stat. 993, provided that:

''SECTION 1. FINDINGS AND PURPOSE.

''(a) Findings. - The Congress finds and declares that -

''(1) in order to protect certain outstanding examples of

ponderosa pine, sugar pine, and giant sequoia trees located in

the North and South Calaveras Groves, on the western slope of the

Sierra Nevada Mountains, the State of California has established

the Calaveras Big Trees State Park;

''(2) for similar purposes, the United States has designated

certain adjacent Federal lands, amounting to approximately 379

acres, as the Calaveras Big Trees National Forest; and

''(3) this National Forest (managed as part of the Stanislaus

National Forest) is the smallest National Forest in the United

States and could be more appropriately and efficiently managed as

part of the Calaveras Big Trees State Park.

''(b) Purpose. - The purpose of this Act is to improve the

management of the lands located in the Calaveras Big Trees National

Forest, and to protect certain examples of ponderosa pine, sugar

pine, and giant sequoia trees, by unifying the management of the

lands in such National Forest and in the California Calaveras Big

Trees State Park.

''SEC. 2. LAND CONVEYANCE.

''(a) Conveyance. - Subject to valid existing rights and the

provisions of this Act, the Secretary of Agriculture (hereinafter

in this Act referred to as the 'Secretary') is authorized and

directed to convey all right, title, and interest of the United

States in and to lands and interests therein within the Calaveras

Big Trees National Forest, as generally depicted on a map numbered

20435 and dated June 5, 1989, prepared by the California Department

of Parks and Recreation, to the State of California for inclusion

within the Calaveras Big Trees State Park.

''(b) Map and Description. - As soon as practicable after the

enactment of this Act (Oct. 17, 1990), the Secretary shall submit a

map and legal description of the lands referred to in subsection

(a) to the Committee on Interior and Insular Affairs (now Committee

on Natural Resources) of the United States House of

Representatives, and the Committee on Energy and Natural Resources

of the Senate. Such map and legal description shall have the same

force and effect as if included in this Act, except that any

clerical or typographical errors in such map or legal description

may be corrected. The Secretary shall place such map and legal

description on file, and make them available for public inspection,

in the Office of the Chief of the Forest Service.

''(c) Conditions of Conveyance. - Conveyance of the lands and

interests described in subsection (a) of this section shall be

subject to the following conditions:

''(1) The conveyance shall take place only if within two years

after the date of enactment of this Act (Oct. 17, 1990), there is

concluded an agreement between the State of California and the

Secretary whereby the State of California agrees to provide to

the United States, in exchange for the lands described in

subsection (a) and pursuant to terms and conditions which the

Secretary finds acceptable, consideration of approximately equal

value. Such consideration shall include either lands in

California that the Secretary finds suitable for addition to, and

are contiguous to, one or more units of the National Forest

System, cash payment, or monetary grants awarded to the United

States after June 1, 1990, or any combination thereof.

''(2) No harvest of timber (except as may be necessary for the

control of fire, insects, or disease) and no mining, mineral

leasing, or geothermal exploration or development shall be

permitted on such lands;

''(3) Any action by the State of California to convey any

portion of such lands or interests to any entity other than the

United States shall be void ab initio and shall result in the

reversion to the United States of all right, title, and interest

in such lands;

''(4) Any action by the State of California to permit the use

of any portion of such lands for any purpose prohibited by this

subsection or any purpose incompatible with the continued ability

of such lands to support ponderosa pine, sugar pine, or giant

sequoia trees, shall result in the reversion of all right, title,

and interest in such lands to the United States. Any such lands

which revert to the United States shall be incorporated into the

Stanislaus National Forest and managed to preserve and protect

the stands of ponderosa pine, sugar pine, and giant sequoia trees

located on such lands.

''(5) The Secretary, acting through the Forest Service, shall

be afforded by appropriate officials of the State of California

reasonable opportunities to collect seeds from trees located on

such lands for scientific or silvicultural purposes.

''(6) The Secretary, upon prior notification to the State of

California, shall be entitled at any time to enter upon such

lands for the purpose of monitoring the management of such lands

and the compliance of the State of California with the provisions

of this subsection.

''(7) The conveyance shall be subject to the following

reservations or exceptions:

''(A) existing ditches and canals as authorized by the Act of

August 30, 1890 (43 U.S.C. 945); and

''(B) any existing rights-of-way to provide the United States

and its assigns access to federally owned lands.

''(d) Enforcement. - Upon the request of the Secretary, the

Attorney General shall bring any action or take any other steps

necessary to enforce the provisions of subsection (c) of this

section.

''(e) Timing, Value, and Status. - (1) Conveyance of lands to the

State of California pursuant to this Act shall occur when the

agreement described in paragraph (1) of subsection (c) has been

reached. The restrictions and conditions specified in paragraphs

(2), (3), (4), (5), (6), and (7) of subsection (c) shall be

included in the instruments of conveyance of lands to the State of

California.

''(2) Effective upon the conveyance to the State of California of

lands described in subsection (a) of this section, or two years

after the date of enactment of this Act (Oct. 17, 1990), whichever

is sooner, the National Forest designation of such lands shall

terminate. Any such lands not conveyed to the State of California

shall thereupon be incorporated into the Stanislaus National Forest

and managed to preserve and protect the stands of ponderosa pine,

sugar pine, and giant sequoia trees located on such lands.

''(3) Any lands conveyed to the United States pursuant to this

Act shall be deemed national forest lands and managed according to

the laws governing the management of the National Forest System. If

any such lands are outside existing boundaries of one or more

National Forests, the Secretary shall modify such boundaries as he

deems appropriate to include such lands.

''(4) Values of the respective lands exchanged between the United

States and the State of California pursuant to this Act shall be of

'approximately equal value' as that term is defined by regulations

implementing the Act of January 12, 1983, known as the Small Tracts

Act (16 U.S.C. 521c-521i).''

-CITE-

16 USC Sec. 495 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 495. Leases of lands for sanitariums or hotels

-STATUTE-

The Secretary of Agriculture is authorized, under such rules and

regulations as he from time to time may make, to rent or lease to

responsible persons or corporations applying therefor suitable

spaces and portions of ground near, or adjacent to, mineral,

medicinal, or other springs, within any national forest established

within the United States, or hereafter to be established, and where

the public is accustomed or desires to frequent, for health or

pleasure, for the purpose of erecting upon such leased ground

sanitariums or hotels, to be opened for the reception of the

public. And he is further authorized to make such regulations, for

the convenience of people visiting such springs, with reference to

spaces and locations, for the erection of tents or temporary

dwelling houses to be erected or constructed for the use of those

visiting such springs for health or pleasure. And the Secretary of

Agriculture is authorized to prescribe the terms and duration and

the compensation to be paid for the privileges granted under the

provisions of this section.

-SOURCE-

(Feb. 28, 1899, ch. 221, Sec. 1, 30 Stat. 908; Feb. 1, 1905, ch.

288, Sec. 1, 33 Stat. 628.)

-COD-

CODIFICATION

''National forest'' substituted in text for ''forest reserves''

on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which

provided that forest reserves shall hereafter be known as national

forests.

-TRANS-

TRANSFER OF FUNCTIONS

Act Feb. 1, 1905 transferred certain functions with regard to

administration of national forests from Secretary of the Interior

to Secretary of Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 496 of this title.

-CITE-

16 USC Sec. 496 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 496. Disposition of funds

-STATUTE-

All funds arising from the privileges granted under section 495

of this title shall be covered into the Treasury of the United

States as provided by law.

-SOURCE-

(Feb. 28, 1899, ch. 221, Sec. 2, 30 Stat. 908; Mar. 4, 1907, ch.

2907, 34 Stat. 1270.)

-COD-

CODIFICATION

As enacted by act Feb. 28, 1899, section provided that the funds

be ''covered into the Treasury of the United States as a special

fund, to be expended in the care of public forest reservations''.

Section was affected by act Mar. 4, 1907, which provides that all

revenue from the national forests shall be covered into the

Treasury as a miscellaneous receipt.

-CITE-

16 USC Sec. 497 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 497. Use and occupation of lands for hotels, resorts, summer

homes, stores, and facilities for industrial, commercial,

educational or public uses

-STATUTE-

The Secretary of Agriculture is authorized, under such

regulations as he may make and upon such terms and conditions as he

may deem proper, (a) to permit the use and occupancy of suitable

areas of land within the national forests, not exceeding eighty

acres and for periods not exceeding thirty years, for the purpose

of constructing or maintaining hotels, resorts, and any other

structures or facilities necessary or desirable for recreation,

public convenience, or safety; (b) to permit the use and occupancy

of suitable areas of land within the national forests, not

exceeding five acres and for periods not exceeding thirty years,

for the purpose of constructing or maintaining summer homes and

stores; (c) to permit the use and occupancy of suitable areas of

land within the national forest, not exceeding eighty acres and for

periods not exceeding thirty years, for the purpose of constructing

or maintaining buildings, structures, and facilities for industrial

or commercial purposes whenever such use is related to or

consistent with other uses on the national forests; (d) to permit

any State or political subdivision thereof, or any public or

nonprofit agency, to use and occupy suitable areas of land within

the national forests not exceeding eighty acres and for periods not

exceeding thirty years, for the purpose of constructing or

maintaining any buildings, structures, or facilities necessary or

desirable for education or for any public use or in connection with

any public activity. The authority provided by this section shall

be exercised in such manner as not to preclude the general public

from full enjoyment of the natural, scenic, recreational, and other

aspects of the national forests.

-SOURCE-

(Mar. 4, 1915, ch. 144, 38 Stat. 1101; July 28, 1956, ch. 771, 70

Stat. 708.)

-MISC1-

AMENDMENTS

1956 - Act July 28, 1956, increased maximum area of land for each

purpose for which permits may be granted from not more than 5 acres

to not more than 80 acres, and authorized permits for facilities

for public safety, for buildings, structures, and facilities for

industrial or commercial purposes whenever such purposes are

related to or consistent with other use of the national forests,

and for facilities to be used by public or nonprofit agencies for

education or public use or in connection with any public activity.

ENHANCING FOREST SERVICE ADMINISTRATION OF RIGHTS-OF-WAY AND LAND

USES

Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title III, Sec. 331),

Nov. 29, 1999, 113 Stat. 1535, 1501A-196, provided that:

''(a) The Secretary of Agriculture shall develop and implement a

pilot program for the purpose of enhancing forest service

administration of rights-of-way and other land uses. The authority

for this program shall be for fiscal years 2000 through 2004. Prior

to the expiration of the authority for this pilot program, the

Secretary shall submit a report to the House and Senate Committees

on Appropriations, and the Committee on Energy and Natural

Resources of the Senate and the Committee on Resources of the House

of Representatives that evaluates whether the use of funds under

this section resulted in more expeditious approval of rights-of-way

and special use authorizations. This report shall include the

Secretary's recommendation for statutory or regulatory changes to

reduce the average processing time for rights-of-way and special

use permit applications.

''(b) Deposit of Fees. - Subject to subsections (a) and (f),

during fiscal years 2000 through 2004, the Secretary of Agriculture

shall deposit into a special account established in the Treasury

all fees collected by the Secretary to recover the costs of

processing applications for, and monitoring compliance with,

authorizations to use and occupy National Forest System lands

pursuant to section 28(l) of the Mineral Leasing Act (30 U.S.C.

185(l)), section 504(g) of the Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1764(g)), section 9701 of title 31, United

States Code, and section 110(g) of the National Historic

Preservation Act (16 U.S.C. 470h-2(g)).

''(c) Use of Retained Amounts. - Amounts deposited pursuant to

subsection (b) shall be available, without further appropriation,

for expenditure by the Secretary of Agriculture to cover costs

incurred by the Forest Service for the processing of applications

for special use authorizations and for monitoring activities

undertaken in connection with such authorizations. Amounts in the

special account shall remain available for such purposes until

expended.

''(d) Reporting Requirement. - In the budget justification

documents submitted by the Secretary of Agriculture in support of

the President's budget for a fiscal year under section 1105 of

title 31, United States Code, the Secretary shall include a

description of the purposes for which amounts were expended from

the special account during the preceding fiscal year, including the

amounts expended for each purpose, and a description of the

purposes for which amounts are proposed to be expended from the

special account during the next fiscal year, including the amounts

proposed to be expended for each purpose.

''(e) Definition of Authorization. - For purposes of this

section, the term 'authorizations' means special use authorizations

issued under subpart B of part 251 of title 36, Code of Federal

Regulations.

''(f) Implementation. - This section shall take effect upon

promulgation of Forest Service regulations for the collection of

fees for processing of special use authorizations and for related

monitoring activities.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460aaa-2, 497b, 497c,

6203 of this title.

-CITE-

16 USC Sec. 497a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 497a. Occupancy and use under permit of lands in Alaska for

various purposes; period of permit; size of allotment;

prohibitions; termination

-STATUTE-

The Secretary of Agriculture, in conformity with regulations

prescribed by him, may permit the use and occupancy of

national-forest lands in Alaska for purposes of residence,

recreation, public convenience, education, industry, agriculture,

and commerce, not incompatible with the best use and management of

the national forests, for such periods as may be warranted but not

exceeding thirty years and of such areas as may be necessary but

not exceeding eighty acres, and after such permits have been issued

and so long as they continue in full force and effect the lands

therein described shall not be subject to location, entry, or

appropriation, under the public land laws or mining laws, or to

disposition under the mineral leasing laws: Provided, That nothing

contained in this section shall prevent the said Secretary from

canceling, revoking, or otherwise terminating a permit so issued

upon proof of a breach of its terms and conditions or for other

just cause.

-SOURCE-

(Mar. 30, 1948, ch. 162, 62 Stat. 100.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in text, are classified

generally to Title 43, Public Lands.

The mining laws and the mineral leasing laws, referred to in

text, are classified generally to Title 30, Mineral Lands and

Mining.

-COD-

CODIFICATION

Section was formerly classified to section 341 of Title 48,

Territories and Insular Possessions.

-CITE-

16 USC Sec. 497b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 497b. Ski area permits

-STATUTE-

(a) Law applicable to permits

The provisions of the Act of March 4, 1915 (16 U.S.C. 497)

notwithstanding, the term and acreage of permits for the operation

of nordic and alpine ski areas and facilities on National Forest

System lands shall on and after October 22, 1986, be governed by

this section and other applicable law.

(b) Authority

The Secretary of Agriculture (hereinafter referred to as ''the

Secretary'') is authorized to issue permits (hereinafter referred

to as ''ski area permits'') for the use and occupancy of suitable

lands within the National Forest System for nordic and alpine

skiing operations and purposes. A ski area permit -

(1) may be issued for a term not to exceed 40 years;

(2) shall ordinarily be issued for a term of 40 years (unless

the Secretary determines that the facilities or operations are of

a scale or nature as are not likely to require long-term

financing or operation), or that there are public policy reasons

specific to a particular permit for a shorter term;

(3) shall encompass such acreage as the Secretary determines

sufficient and appropriate to accommodate the permittee's needs

for ski operations and appropriate ancillary facilities;

(4) may be renewed at the discretion of the Secretary;

(5) may be cancelled by the Secretary in whole or in part for

any violation of the permit terms or conditions, for nonpayment

of permit fees, or upon the determination by the Secretary in his

planning for the uses of the national forests that the permitted

area is needed for higher public purposes;

(6) may be modified from time to time by the Secretary to

accommodate changes in plans or operations in accordance with the

provisions of applicable law;

(7) shall be subject to such reasonable terms and conditions as

the Secretary deems appropriate; and

(8) shall be subject to a permit fee based on fair market value

in accordance with applicable law.

(c) Rules and regulations

Within one year after October 22, 1986, the Secretary shall

promulgate rules and regulations to implement the provisions of

this section, and shall, to the extent practicable and with the

consent of existing permit holders, convert all existing ski area

permits or leases on National Forest System lands into ski area

permits which conform to the provisions of this section within 3

years of October 22, 1986.

(d) Construction with Secretary's duties under other laws

Nothing in this section shall be deemed to amend, modify or

otherwise affect the Secretary's duties under the National

Environmental Policy Act (42 U.S.C. 4321 et seq.), or the Forest

and Rangelands Renewable Resources Planning Act (16 U.S.C. 1600 et

seq.) as amended by the National Forest Management Act, including

his duties to involve the public in his decisionmaking and planning

for the national forests.

-SOURCE-

(Pub. L. 99-522, Sec. 3, Oct. 22, 1986, 100 Stat. 3000.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 4, 1915 (16 U.S.C. 497), referred to in subsec. (a),

is act Mar. 4, 1915, ch. 144, 38 Stat. 1086, as amended. For

complete classification of this Act to the Code, see Tables.

This section, referred to in subsecs. (a), (c), and (d), was in

the original ''this Act'', meaning Pub. L. 99-522, Oct. 22, 1986,

100 Stat. 3000, known as the National Forest Ski Area Permit Act of

1986, which enacted this section and notes set out under this

section. For complete classification of this Act to the Code, see

Short Title note below and Tables.

The National Environmental Policy Act, referred to in subsec.

(d), probably means the National Environmental Policy Act of 1969,

Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is

classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 4321 of

Title 42 and Tables.

The Forest and Rangelands Renewable Resources Planning Act,

referred to in subsec. (d), probably means the Forest and Rangeland

Renewable Resources Planning Act of 1974, Pub. L. 93-378, Aug. 17,

1974, 88 Stat. 476, as amended, which is classified generally to

subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1600 of this title and Tables.

The National Forest Management Act, referred to in subsec. (d),

probably means the National Forest Management Act of 1976, Pub. L.

94-588, Oct. 22, 1976, 90 Stat. 2949, as amended. For complete

classification of this Act to the Code, see Short Title of 1976

Amendment note set out under section 1600 of this title and Tables.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 99-522 provided that: ''This Act (enacting

this section and provisions set out as a note below) may be cited

as the 'National Forest Ski Area Permit Act of 1986'.''

PURPOSES

Section 2 of Pub. L. 99-522 provided that: ''The purposes of this

Act (see Short Title note above) are to -

''(a) provide a unified and modern permitting process for

nordic and alpine ski areas on national forest lands;

''(b) provide for ski area permits which more closely reflect

the acreage and other physical requirements of modern ski area

development; and

''(c) provide a permit system which will be more commensurate

with the long-term construction, financing, and operation needs

of ski areas on national forest lands.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 497c of this title.

-CITE-

16 USC Sec. 497c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 497c. Ski area permit rental charge

-STATUTE-

(a) In general

The Secretary of Agriculture shall charge a rental charge for all

ski area permits issued pursuant to section 3 of the National

Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act of

March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), or the

9th through 20th paragraphs under the heading ''SURVEYING THE

PUBLIC LANDS'' under the heading ''UNDER THE DEPARTMENT OF THE

INTERIOR'' in the Act of June 4, 1897 (30 Stat. 34, chapter 2), on

National Forest System lands. Permit rental charges for permits

issued pursuant to the National Forest Ski Area Permit Act of 1986

shall be calculated as set forth in subsection (b) of this

section. Permit rental charges for existing ski area permits

issued pursuant to the Act of March 4, 1915, and the Act of June 4,

1897, shall be calculated in accordance with those existing

permits: Provided, That a permittee may, at the permittee's option,

use the calculation method set forth in subsection (b) of this

section.

(b) Formula

(1) The ski area permit rental charge (SAPRC) shall be calculated

by adding the permittee's gross revenues from lift

ticket/year-round ski area use pass sales plus revenue from ski

school operations (LT+SS) and multiplying such total by the slope

transport feet percentage (STFP) on National Forest System land.

That amount shall be increased by the gross year-round revenue from

ancillary facilities (GRAF) physically located on national forest

land, including all permittee or subpermittee lodging, food

service, rental shops, parking and other ancillary operations, to

determine the adjusted gross revenue (AGR) subject to the permit

rental charge. The final rental charge shall be calculated by

multiplying the AGR by the following percentages for each revenue

bracket and adding the total for each revenue bracket:

(A) 1.5 percent of all adjusted gross revenue below $3,000,000;

(B) 2.5 percent for adjusted gross revenue between $3,000,000

and $15,000,000;

(C) 2.75 percent for adjusted gross revenue between $15,000,000

and $50,000,000; and

(D) 4.0 percent for the amount of adjusted gross revenue that

exceeds $50,000,000.

Utilizing the abbreviations indicated in this subsection the ski

area permit fee (SAPF) formula can be simply illustrated as:

SAPF = ((LT + SS) STFP) + GRAF = AGR; AGR % BRACKETS

(2) In cases where ski areas are only partially located on

national forest lands, the slope transport feet percentage on

national forest land referred to in this subsection shall be

calculated as generally described in the Forest Service Manual in

effect as of January 1, 1992. Revenues from Nordic ski operations

shall be included or excluded from the rental charge calculation

according to the percentage of trails physically located on

national forest land.

(3) In order to ensure that the rental charge remains fair and

equitable to both the United States and the ski area permittees,

the adjusted gross revenue figures for each revenue bracket in

paragraph (1) shall be adjusted annually by the percent increase or

decrease in the national Consumer Price Index for the preceding

calendar year. No later than 3 years after November 12, 1996, and

every 5 years thereafter the Secretary shall submit to the

Committee on Energy and Natural Resources of the United States

Senate and the Committee on Resources of the United States House of

Representatives a report analyzing whether the ski area permit

rental charge required by this section is returning a fair market

value rental to the United States together with any recommendations

the Secretary may have for modifications of the system.

(c) Payment

The rental charge set forth in subsection (b) of this section

shall be due on June 1 of each year and shall be paid or prepaid by

the permittee on a monthly, quarterly, annual or other schedule as

determined appropriate by the Secretary in consultation with the

permittee. Unless mutually agreed otherwise by the Secretary and

the permittee, the payment or prepayment schedule shall conform to

the permittee's schedule in effect prior to November 12, 1996. To

reduce costs to the permittee and the Forest Service, the Secretary

shall each year provide the permittee with a standardized form and

worksheets (including annual rental charge calculation brackets and

rates) to be used for rental charge calculation and submitted with

the rental charge payment. Information provided on such forms

shall be compiled by the Secretary annually and kept in the Office

of the Chief, United States Forest Service.

(d) Effective date

The ski area permit rental charge set forth in this section shall

become effective on June 1, 1996 and cover receipts retroactive to

June 1, 1995: Provided, That if a permittee has paid rental charges

for the period June 1, 1995, to June 1, 1996, under the graduated

rate rental charge system formula in effect prior to November 12,

1996, such rental charges shall be credited toward the new rental

charge due on June 1, 1996. In order to ensure increasing rental

charge receipt levels to the United States during transition from

the graduated rate rental charge system formula to the formula of

this section, the rental charge paid by any individual permittee

shall be -

(1) for the 1995-1996 permit year, either the rental charge

paid for the preceding 1994-1995 base year or the rental charge

calculated pursuant to this section, whichever is higher;

(2) for the 1996-1997 permit year, either the rental charge

paid for the 1994-1995 base year or the rental charge calculated

pursuant to this section, whichever is higher; and

(3) for the 1997-1998 permit year, either the rental charge for

the 1994-1995 base year or the rental charge calculated pursuant

to this section, whichever is higher.

If an individual permittee's adjusted gross revenue for the

1995-1996, 1996-1997, or 1997-1998 permit years falls more than 10

percent below the adjusted gross revenue for the 1994-1995 base

year, the rental charge paid shall be the rental charge calculated

pursuant to this section.

(e) Non-national forest land operations

Under no circumstances shall revenue, or subpermittee revenue

(other than lift ticket, area use pass, or ski school sales)

obtained from operations physically located on non-national forest

land be included in the ski area permit rental charge calculation.

(f) ''Revenue'' and ''sales'' defined; limitations

To reduce administrative costs of ski area permittees and the

Forest Service the terms ''revenue'' and ''sales'', as used in this

section, shall mean actual income from sales and shall not include

sales of operating equipment, refunds, rent paid to the permittee

by sublessees, sponsor contributions to special events or any

amounts attributable to employee gratuities or employee lift

tickets, discounts, or other goods or services (except for bartered

goods and complimentary lift tickets offered for commercial or

other promotional purposes) for which the permittee does not

receive money.

(g) Minimum rental charge

In cases where an area of national forest land is under a ski

area permit but the permittee does not have revenue or sales

qualifying for rental charge payment pursuant to subsection (a) of

this section, the permittee shall pay an annual minimum rental

charge of $2 for each national forest acre under permit or a

percentage of appraised land value, as determined appropriate by

the Secretary.

(h) Five-year phase-in of increase

Where the new rental charge provided for in subsection (b)(1) of

this section results in an increase in permit rental charge greater

than one-half of 1 percent of the permittee's adjusted gross

revenue as determined under subsection (b)(1) of this section, the

new rental charge shall be phased in over a five-year period in a

manner providing for increases of approximately equal increments.

(i) Construction with National Environmental Policy Act of 1969

To reduce Federal costs in administering the provisions of this

section, the reissuance of a ski area permit to provide activities

similar in nature and amount to the activities provided under the

previous permit shall not constitute a major Federal action for the

purposes of the National Environmental Policy Act of 1969 (42

U.S.C. 4331 et seq.).

(j) Withdrawal from mining laws

Subject to valid existing rights, all lands located within the

boundaries of ski area permits issued prior to, on or after

November 12, 1996, pursuant to authority of the Act of March 4,

1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), and the Act of

June 4, 1897, or the National Forest Ski Area Permit Act of 1986

(16 U.S.C. 497b) are hereby and henceforth automatically withdrawn

from all forms of appropriation under the mining laws and from

disposition under all laws pertaining to mineral and geothermal

leasing and all amendments thereto. Such withdrawal shall continue

for the full term of the permit and any modification, reissuance,

or renewal thereof. Unless the Secretary requests otherwise of the

Secretary of the Interior, such withdrawal shall be canceled

automatically upon expiration or other termination of the permit

and the land automatically restored to all appropriation not

otherwise restricted under the public land laws.

-SOURCE-

(Pub. L. 104-333, div. I, title VII, Sec. 701, Nov. 12, 1996, 110

Stat. 4182; Pub. L. 106-176, title I, Sec. 117, Mar. 10, 2000, 114

Stat. 27.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 4, 1915, referred to in subsecs. (a) and (j), is act

Mar. 4, 1915, ch. 144, 38 Stat. 1086, as amended. For complete

classification of this Act to the Code, see Tables.

Act of June 4, 1897, referred to in subsecs. (a) and (j), is act

June 4, 1897, ch. 2, 30 Stat. 11. For complete classification of

this Act to the Code, see Tables.

The National Forest Ski Area Permit Act of 1986, referred to in

subsecs. (a) and (j), is Pub. L. 99-522, Oct. 22, 1986, 100 Stat.

3000, which enacted section 497b of this title and provisions set

out as a note under section 497b of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 497b of this title and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (i), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The mining laws and the laws pertaining to mineral leasing,

referred to in subsec. (j), are classified generally to Title 30,

Mineral Lands and Mining.

Laws pertaining to geothermal leasing, referred to in subsec.

(j), are classified principally to chapter 23 (Sec. 1001 et seq.)

of Title 30.

The public land laws, referred to in subsec. (j), are classified

generally to Title 43, Public Lands.

-MISC2-

AMENDMENTS

2000 - Subsec. (b)(3). Pub. L. 106-176, Sec. 117(1), substituted

''required by this section'' for ''legislated by this Act''.

Subsec. (d). Pub. L. 106-176, Sec. 117(2), in introductory

provisions, substituted ''formula of this section'' for ''formula

of this Act'', in pars. (1) to (3), substituted ''this section''

for ''this Act'', and, in concluding provisions, inserted

''adjusted gross revenue for the'' before ''1994-1995 base year''

and substituted ''this section'' for ''this Act''.

Subsec. (f). Pub. L. 106-176, Sec. 117(3), inserted ''offered for

commercial or other promotional purposes'' after ''complimentary

lift tickets''.

Subsec. (i). Pub. L. 106-176, Sec. 117(4), substituted ''this

section'' for ''this Act''.

-CITE-

16 USC Sec. 497d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 497d. Recreation residence fees

-STATUTE-

The Secretary of Agriculture shall on and after November 14,

1997, phase in, over a 3-year period in equal annual installments,

that portion of the fee increase for a recreation residence special

use permit holder which is more than 100 percent of the previous

year's fee: Provided, That no recreation residence fee may be

increased any sooner than one year from the time the permittee has

been notified by the Forest Service of the results of an appraisal

which has been conducted for the purpose of establishing such fees:

Provided further, That no increases in recreation residence fees on

the Sawtooth National Forest will be implemented prior to January

1, 1999.

-SOURCE-

(Pub. L. 105-83, title III, Sec. 343, Nov. 14, 1997, 111 Stat.

1604.)

-MISC1-

LIMITATION ON INCREASES IN RECREATION RESIDENCE FEES

Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title III, Sec. 342),

Nov. 29, 1999, 113 Stat. 1535, 1501A-202, provided that:

''Notwithstanding section 343 of Public Law 105-83 (16 U.S.C.

497d), increases in recreation residence fees shall be implemented

in fiscal year 2000 only to the extent that the fiscal year 2000

fees do not exceed the fiscal year 1999 fee by more than $2,000.''

LIMITATION ON RECREATION RESIDENCE FEE INCREASES ON SAWTOOTH

NATIONAL FOREST

Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec. 345), Oct.

21, 1998, 112 Stat. 2681-231, 2681-298, provided that:

''Notwithstanding section 343 of Public Law 105-83 (16 U.S.C.

497d), increases in recreation residence fees on the Sawtooth

National Forest shall be implemented in fiscal year 1999 only to

the extent that such fee increases do not exceed 25 percent.''

-CITE-

16 USC Sec. 498 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 498. Cooperative work agreements: disposal of moneys received;

refund of excess; payment from appropriation; conflict of

interest

-STATUTE-

On or after June 30, 1914, all moneys received as contributions

toward cooperative work in forest investigations, or the

protection, management, and improvement of the National Forest

System, shall be covered into the Treasury and shall constitute a

special fund, which is appropriated and made available until

expended, as the Secretary of Agriculture may direct, for the

payment of the expenses of said investigations, protection,

management, or improvements by the Forest Service, and for refunds

to the contributors of amounts heretofore or hereafter paid in by

them in excess of their share of the cost of said investigations,

protection, management, or improvements. Payment for work

undertaken pursuant to this section may be made from any

appropriation of the Forest Service that is available for similar

work if a written agreement so provides and reimbursement will be

provided by a cooperator in the same fiscal year as the expenditure

by the Forest Service. A reimbursement received from a cooperator

that covers the proportionate share of the cooperator of the cost

of the work shall be deposited to the credit of the appropriation

of the Forest Service from which the payment was initially made or,

if the appropriation is no longer available, to the credit of an

appropriation of the Forest Service that is available for similar

work. The Secretary of Agriculture shall establish written rules

that establish criteria to be used to determine whether the

acceptance of contributions of money under this section would

adversely affect the ability of an officer or employee of the

Department of Agriculture to carry out a duty or program of the

officer or employee in a fair and objective manner or would

compromise, or appear to compromise, the integrity of the program,

officer, or employee. The Secretary of Agriculture shall establish

written rules that protect the interests of the Forest Service in

cooperative work agreements.

-SOURCE-

(June 30, 1914, ch. 131, 38 Stat. 430; May 29, 1928, ch. 901, Sec.

1(99), 45 Stat. 993; Pub. L. 104-127, title III, Sec. 372, Apr. 4,

1996, 110 Stat. 1015.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 substituted ''the protection, management,

and improvement of the National Forest System'' for ''the

protection and improvement of the national forests'', inserted

''management,'' after ''protection,'' in two places, and inserted

at end ''Payment for work undertaken pursuant to this section may

be made from any appropriation of the Forest Service that is

available for similar work if a written agreement so provides and

reimbursement will be provided by a cooperator in the same fiscal

year as the expenditure by the Forest Service. A reimbursement

received from a cooperator that covers the proportionate share of

the cooperator of the cost of the work shall be deposited to the

credit of the appropriation of the Forest Service from which the

payment was initially made or, if the appropriation is no longer

available, to the credit of an appropriation of the Forest Service

that is available for similar work. The Secretary of Agriculture

shall establish written rules that establish criteria to be used to

determine whether the acceptance of contributions of money under

this section would adversely affect the ability of an officer or

employee of the Department of Agriculture to carry out a duty or

program of the officer or employee in a fair and objective manner

or would compromise, or appear to compromise, the integrity of the

program, officer, or employee. The Secretary of Agriculture shall

establish written rules that protect the interests of the Forest

Service in cooperative work agreements.''

1928 - Act May 29, 1928, struck out provision which required that

annual reports be made to Congress of moneys received as

contributions for cooperative work.

-CITE-

16 USC Sec. 499 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 499. Disposal of money received by or on account of Forest

Service; refund of excess and moneys erroneously collected;

receipts from permits

-STATUTE-

All money received by or on account of the Forest Service for

timber, or from any other source of national-forest revenue,

including moneys received from sale of products from or for the use

of lands in national forests created under section 471(b) (FOOTNOTE

1) of this title, and moneys received on account of permits for

hunting, fishing, or camping on lands acquired under authority of

sections 513 to 517 and 521 of this title, shall be covered into

the Treasury of the United States as a miscellaneous receipt and

there is hereby appropriated and made available as the Secretary of

Agriculture may direct out of any funds in the Treasury not

otherwise appropriated, so much as may be necessary to make refunds

to depositors of money heretofore or hereafter deposited by them to

secure the purchase price on the sale of any products or for the

use of any land or resources of the national forests in excess of

amounts found actually due from them to the United States and also

so much as may be necessary to refund or pay over to the rightful

claimants such sums as may be found by the Secretary of Agriculture

to have been erroneously collected for the use of any lands, or for

timber or other resources sold from lands located within, but not a

part of, the national forests, or for alleged illegal acts done

upon such lands, which acts are subsequently found to have been

proper and legal.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Mar. 4, 1907, ch. 2907, 34 Stat. 1270; Mar. 4, 1911, ch. 238, 36

Stat. 1253; Mar. 4, 1917, ch. 179, 39 Stat. 1149; June 7, 1924, ch.

348, Sec. 9, 43 Stat. 655; May 29, 1928, ch. 901, Sec. 1(97), 45

Stat. 993.)

-REFTEXT-

REFERENCES IN TEXT

Section 471(b) of this title, referred to in text, was repealed

by section 704(a) of Pub. L. 94-579, title VII, Oct. 21, 1976, 90

Stat. 2792. For further details, see Codification note below.

-COD-

CODIFICATION

Section is a combination provision the basis for which is Act

Mar. 4, 1907, which superseded previous provisions relating to the

disposal of money received from sale of products or use of any land

or resources of the forest reserves, contained in Act Feb. 1, 1905,

ch. 288, Sec. 5, 33 Stat. 628.

Act Mar. 4, 1911, is the source of the last portion of the

section beginning with the words, ''and also so much as may be

necessary,'' etc. That Act provides that so much of the former Act

''which provides for refunds by the Secretary of Agriculture to

depositors of moneys to secure the purchase price of timber or the

use of lands or resources of the national forests such sums as may

be found to be in excess of the amounts found actually due the

United States, be, and is hereby, amended hereafter to appropriate

and to include so much;''.

The words of this section reading, ''including moneys received

from sale of products from or use of lands in national forests

created under section 471(b) of this title'' were derived from the

fourth sentence of section 9 of Act of June 7, 1924, which reads as

follows: ''All receipts from the sale of products from or for the

use of lands in such national forests shall be covered into the

Treasury as miscellaneous receipts, forest reserve fund, and shall

be disposed of in like manner as the receipts from other national

forests as provided by existing law.'' Section 471(b) of this

title, referred to in text, was based on the first and fifth

sentences of section 9 of the 1924 act, and was repealed by section

704(a) of Pub. L. 94-579. Section 505 of this title is based on the

second and third sentences of section 9 of the 1924 act.

The words ''and moneys received on account of permits for

hunting, fishing, or camping on lands acquired under authority of

sections 513 to 517 and 521 of this title,'' are from a provision

of Act Mar. 4, 1917, which reads, ''Hereafter, all moneys received

on account of permits for hunting, fishing, or camping, on lands

acquired under authority of said Act (Act Mar. 1, 1911, ch. 186, 36

Stat. 961) or any Amendment or extension thereof, shall be disposed

of as is provided by existing law for the disposition of receipts

from national forests.''

-MISC3-

AMENDMENTS

1928 - Act May 29, 1928, struck out provision which required the

Secretary of Agriculture to make an annual report to Congress of

the amounts refunded under this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 508b, 527, 670e of this

title.

-CITE-

16 USC Sec. 500 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 500. Payment and evaluation of receipts to State or Territory

for schools and roads; moneys received; projections of revenues

and estimated payments

-STATUTE-

On and after May 23, 1908, twenty-five per centum of all moneys

received during any fiscal year from each national forest shall be

paid, at the end of such year, by the Secretary of the Treasury to

the State or Territory in which such national forest is situated,

to be expended as the State or Territorial legislature may

prescribe for the benefit of the public schools and public roads of

the county or counties in which such national forest is situated:

Provided, That when any national forest is in more than one State

or Territory or county the distributive share to each from the

proceeds of such forest shall be proportional to its area therein.

In sales of logs, ties, poles, posts, cordwood, pulpwood, and other

forest products the amounts made available for schools and roads by

this section shall be based upon the stumpage value of the timber.

Beginning October 1, 1976, the term ''moneys received'' shall

include all collections under the Act of June 9, 1930, and all

amounts earned or allowed any purchaser of national forest timber

and other forest products within such State as purchaser credits,

for the construction of roads on the National Forest Transportation

System within such national forests or parts thereof in connection

with any Forest Service timber sales contract. The Secretary of

Agriculture shall, from time to time as he goes through his process

of developing the budget revenue estimates, make available to the

States his current projections of revenues and payments estimated

to be made under the Act of May 23, 1908, as amended, or any other

special Acts making payments in lieu of taxes, for their use for

local budget planning purposes.

-SOURCE-

(May 23, 1908, ch. 192, 35 Stat. 260; Mar. 1, 1911, ch. 186, Sec.

13, 36 Stat. 963; June 30, 1914, ch. 131, 38 Stat. 441; Sept. 21,

1944, ch. 412, title II, Sec. 212, 58 Stat. 737; Apr. 24, 1950, ch.

97, Sec. 17(b), 64 Stat. 87; Pub. L. 94-588, Sec. 16, Oct. 22,

1976, 90 Stat. 2961.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 9, 1930, referred to in text, is act June 9, 1930,

ch. 416, 46 Stat. 527, as amended, popularly known as the

Knutson-Vandenberg Act, which is classified generally to sections

576, 576a, and 576b of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

576 of this title and Tables.

Act of May 23, 1908, referred to in text, is act May 23, 1908,

ch. 192, 35 Stat. 251, as amended. A portion of that act appearing

at 35 Stat. 260 is classified to this section. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

''National forest'' substituted in text for ''forest reserve''

the first, third and fourth time appearing, and for ''reserve'' the

second time appearing, and ''forest'' substituted for ''reserve'',

on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which

provided that forest reserves shall hereafter be known as national

forests.

Section is a combination of acts May 23, 1908, as amended, and

Mar. 1, 1911, as amended.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

June 28, 1944, ch. 296, 58 Stat. 444.

July 12, 1943, ch. 215, 57 Stat. 412.

July 22, 1942, ch. 516, 56 Stat. 680.

July 1, 1941, ch. 267, 55 Stat. 423.

AMENDMENTS

1976 - Pub. L. 94-588 inserted provision that beginning Oct. 1,

1976, the term ''moneys received'' would include all collections

under the Act of June 9, 1930, and all amounts earned or allowed

any purchaser of national forest timber and other forest products

within such State as purchaser credits, for the construction of

roads on the National Forest Transportation System within such

national forests or parts thereof in connection with any Forest

Service timber sales contract, and that the Secretary of

Agriculture shall, from time to time as he goes through his process

of developing the budget revenue estimates, make available to the

States his current projections of revenues and payments estimated

to be made under the Act of May 23, 1908, as amended, or any other

special Acts making payments in lieu of taxes, for their use for

local budget planning purposes.

1950 - Act Apr. 24, 1950, struck out second proviso relating to

limitation paid county.

1944 - Act Sept. 21, 1944, inserted sentence relating to stumpage

value of the timber.

1914 - Act June 30, 1914, changed per centum to be paid to each

State from five to twenty-five.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-393, Sec. 1(a), Oct. 30, 2000, 114 Stat. 1607,

provided that: ''This Act (amending section 191 of Title 30,

Mineral Lands and Mining, and section 6903 of Title 31, Money and

Finance, enacting provisions set out as notes under this section

and sections 181 and 191 of Title 30, and repealing provisions set

out as notes under this section and section 1181f of Title 43,

Public Lands) may be cited as the 'Secure Rural Schools and

Community Self-Determination Act of 2000'.''

SAVINGS PROVISION

Provisions of Federal Land Policy and Management Act of 1976,

Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed

as affecting the distribution of livestock grazing revenues to

local governments under this section, see section 701(j) of Pub. L.

94-579, set out as a note under section 1701 of Title 43, Public

Lands.

SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION

Pub. L. 107-76, title VII, Sec. 751, Nov. 28, 2001, 115 Stat.

739, provided that:

''(a) Temporary Use of Existing Payments to States Table. -

Notwithstanding section 101(a)(1) of the Secure Rural Schools and

Community Self-Determination Act of 2000 (Public Law 106-393; 16

U.S.C. 500 note), for the purpose of making the fiscal year 2001

payments under section 102 of such Act (set out in a note below) to

eligible States and eligible counties, the full payment amount for

each eligible State and eligible county shall be deemed to be equal

to the full payment amount calculated for that eligible State or

eligible county in the Forest Service document entitled 'P.L.

106-393, Secure Rural Schools and Community Self-Determination Act'

and dated July 31, 2001, subject to the adjustment required by

section 101(b) of such Act.

''(b) Revision of Table. - For the purpose of making payments

under section 102 of such Act (set out in a note below) to eligible

States and eligible counties for fiscal years 2002 through 2006, as

required by section 101(a)(1) of such Act, the Secretary of

Agriculture shall revise the table referred to in subsection (a) to

accurately reflect, to the maximum extent practicable, each

eligible State's and eligible county's historic share of the

25-percent payments and safety net payments made for the fiscal

years of the eligibility period.

''(c) Reporting Requirement. - Not later than March 1, 2002, the

Secretary of Agriculture shall submit to the Committee on Energy

and Natural Resources of the Senate and the Committee on

Agriculture of the House of Representatives a report containing the

revisions made to the table referred to in subsection (a), as

required by subsection (b).

''(d) Additional Eligible County Election. - Notwithstanding

section 102(b)(2) of such Act (set out in a note below), if the

revision pursuant to subsection (b) of the table referred to in

subsection (a) results in a reduced full payment amount for an

eligible county that elected under section 102(b) of such Act to

receive the full payment amount, the eligible county shall have a

90-day period, beginning on the date the revised table is first

available to the public, during which to reconsider and change its

election. The eligible county shall notify the Secretary of

Agriculture of any change in its election before the end of such

period. If an eligible county elects under this subsection to

receive the 25-percent payment in place of the full payment amount,

the election shall be effective for 1 year.

''(e) Treatment of Certain Mineral Leasing Receipts. - (1) An

eligible county that elects under section 102(b) of such Act (set

out in a note below) to receive its share of an eligible State's

full payment amount shall continue to receive its share of any

payments made to that State from a lease for mineral resources

issued by the Secretary of the Interior under the last paragraph

under the heading 'forest service.' in the Act of March 4, 1917

(Chapter 179; 16 U.S.C. 520).

''(2) (Amended section 355(b) of Title 30, Mineral Lands and

Mining.)

''(f) Definitions. - In this section, the terms 'eligible State',

'eligible county', 'eligibility period', 'full payment amount',

'25-percent payment', and 'safety net payments' have the meanings

given such terms in section 3 of such Act (set out in a note

below), and the term 'such Act' means the Secure Rural Schools and

Community Self-Determination Act of 2000 (Public Law 106-393; 16

U.S.C. 500 note) (see Tables for classification).''

Pub. L. 106-393, Sec. 2, 3, Oct. 30, 2000, 114 Stat. 1608, 1609,

provided that:

''SEC. 2. FINDINGS AND PURPOSES.

''(a) Findings. - The Congress finds the following:

''(1) The National Forest System, which is managed by the

United States Forest Service, was established in 1907 and has

grown to include approximately 192,000,000 acres of Federal

lands.

''(2) The public domain lands known as revested Oregon and

California Railroad grant lands and the reconveyed Coos Bay Wagon

Road grant lands, which are managed predominantly by the Bureau

of Land Management were returned to Federal ownership in 1916 and

1919 and now comprise approximately 2,600,000 acres of Federal

lands.

''(3) Congress recognized that, by its decision to secure these

lands in Federal ownership, the counties in which these lands are

situated would be deprived of revenues they would otherwise

receive if the lands were held in private ownership.

''(4) These same counties have expended public funds year after

year to provide services, such as education, road construction

and maintenance, search and rescue, law enforcement, waste

removal, and fire protection, that directly benefit these Federal

lands and people who use these lands.

''(5) To accord a measure of compensation to the affected

counties for the critical services they provide to both county

residents and visitors to these Federal lands, Congress

determined that the Federal Government should share with these

counties a portion of the revenues the United States receives

from these Federal lands.

''(6) Congress enacted in 1908 and subsequently amended a law

that requires that 25 percent of the revenues derived from

National Forest System lands be paid to States for use by the

counties in which the lands are situated for the benefit of

public schools and roads.

''(7) Congress enacted in 1937 and subsequently amended a law

that requires that 75 percent of the revenues derived from the

revested and reconveyed grant lands be paid to the counties in

which those lands are situated to be used as are other county

funds, of which 50 percent is to be used as other county funds.

''(8) For several decades primarily due to the growth of the

Federal timber sale program, counties dependent on and supportive

of these Federal lands received and relied on increasing shares

of these revenues to provide funding for schools and road

maintenance.

''(9) In recent years, the principal source of these revenues,

Federal timber sales, has been sharply curtailed and, as the

volume of timber sold annually from most of the Federal lands has

decreased precipitously, so too have the revenues shared with the

affected counties.

''(10) This decline in shared revenues has affected educational

funding and road maintenance for many counties.

''(11) In the Omnibus Budget Reconciliation Act of 1993 (Pub.

L. 103-66, see Tables for classification), Congress recognized

this trend and ameliorated its adverse consequences by providing

an alternative annual safety net payment to 72 counties in

Oregon, Washington, and northern California in which Federal

timber sales had been restricted or prohibited by administrative

and judicial decisions to protect the northern spotted owl.

''(12) The authority for these particular safety net payments

is expiring and no comparable authority has been granted for

alternative payments to counties elsewhere in the United States

that have suffered similar losses in shared revenues from the

Federal lands and in the funding for schools and roads those

revenues provide.

''(13) There is a need to stabilize education and road

maintenance funding through predictable payments to the affected

counties, job creation in those counties, and other opportunities

associated with restoration, maintenance, and stewardship of

Federal lands.

''(14) Both the Forest Service and the Bureau of Land

Management face significant backlogs in infrastructure

maintenance and ecosystem restoration that are difficult to

address through annual appropriations.

''(15) There is a need to build new, and strengthen existing,

relationships and to improve management of public lands and

waters.

''(b) Purposes. - The purposes of this Act (see Short Title of

2000 Amendment note above) are as follows:

''(1) To stabilize payments to counties to provide funding for

schools and roads that supplements other available funds.

''(2) To make additional investments in, and create additional

employment opportunities through, projects that improve the

maintenance of existing infrastructure, implement stewardship

objectives that enhance forest ecosystems, and restore and

improve land health and water quality. Such projects shall enjoy

broad-based support with objectives that may include, but are not

limited to -

''(A) road, trail, and infrastructure maintenance or

obliteration;

''(B) soil productivity improvement;

''(C) improvements in forest ecosystem health;

''(D) watershed restoration and maintenance;

''(E) restoration, maintenance and improvement of wildlife

and fish habitat;

''(F) control of noxious and exotic weeds; and

''(G) reestablishment of native species.

''(3) To improve cooperative relationships among the people

that use and care for Federal lands and the agencies that manage

these lands.

''SEC. 3. DEFINITIONS.

''In this Act (see Short Title of 2000 Amendment note above):

''(1) Federal lands. - The term 'Federal lands' means -

''(A) lands within the National Forest System, as defined in

section 11(a) of the Forest and Rangeland Renewable Resources

Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the

National Grasslands and land utilization projects designated as

National Grasslands administered pursuant to the Act of July

22, 1937 (7 U.S.C. 1010-1012 (7 U.S.C. 1000 et seq.)); and

''(B) 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, that shall be managed, except as provided in the former

section 3 of the Act of August 28, 1937 (50 Stat. 875; (former)

43 U.S.C. 1181c), for permanent forest production.

''(2) Eligibility period. - The term 'eligibility period' means

fiscal year 1986 through fiscal year 1999.

''(3) Eligible county. - The term 'eligible county' means a

county that received 50-percent payments for one or more fiscal

years of the eligibility period or a county that received a

portion of an eligible State's 25-percent payments for one or

more fiscal years of the eligibility period. The term includes a

county established after the date of the enactment of this Act

(Oct. 30, 2000) so long as the county includes all or a portion

of a county described in the preceding sentence.

''(4) Eligible state. - The term 'eligible State' means a State

that received 25-percent payments for one or more fiscal years of

the eligibility period.

''(5) Full payment amount. - The term 'full payment amount'

means the amount calculated for each eligible State and eligible

county under section 101 (set out in a note below).

''(6) 25-percent payment. - The term '25-percent payment' means

the payment to States required by the sixth paragraph under the

heading of 'FOREST SERVICE' in the Act of May 23, 1908 (35 Stat.

260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911

(36 Stat. 963; 16 U.S.C. 500).

''(7) 50-percent payment. - The term '50-percent payment' means

the payment that is the sum of the 50-percent share otherwise

paid to a county pursuant to title II of the Act of August 28,

1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), and the

payment made to a county pursuant to the Act of May 24, 1939

(chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et seq.).

''(8) Safety net payments. - The term 'safety net payments'

means the special payment amounts paid to States and counties

required by section 13982 or 13983 of the Omnibus Budget

Reconciliation Act of 1993 (Public Law 103-66; (former) 16 U.S.C.

500 note; (former) 43 U.S.C. 1181f note).''

Pub. L. 106-393, titles I-IV, Oct. 30, 2000, 114 Stat. 1611-1623,

provided that:

''TITLE I - SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING

FEDERAL LANDS

''SEC. 101. DETERMINATION OF FULL PAYMENT AMOUNT FOR ELIGIBLE

STATES AND COUNTIES.

''(a) Calculation Required. -

''(1) Eligible states. - For fiscal years 2001 through 2006,

the Secretary of the Treasury shall calculate for each eligible

State that received a 25-percent payment during the eligibility

period an amount equal to the average of the three highest

25-percent payments and safety net payments made to that eligible

State for the fiscal years of the eligibility period.

''(2) Bureau of land management counties. - For fiscal years

2001 through 2006, the Secretary of the Treasury shall calculate

for each eligible county that received a 50-percent payment

during the eligibility period an amount equal to the average of

the three highest 50-percent payments and safety net payments

made to that eligible county for the fiscal years of the

eligibility period.

''(b) Annual Adjustment. - For each fiscal year in which payments

are required to be made to eligible States and eligible counties

under this title, the Secretary of the Treasury shall adjust the

full payment amount for the previous fiscal year for each eligible

State and eligible county to reflect 50 percent of the changes in

the consumer price index for rural areas (as published in the

Bureau of Labor Statistics) that occur after publication of that

index for fiscal year 2000.

''SEC. 102. PAYMENTS TO STATES FROM NATIONAL FOREST SYSTEM LANDS

FOR USE BY COUNTIES TO BENEFIT PUBLIC EDUCATION AND

TRANSPORTATION.

''(a) Payment Amounts. - The Secretary of the Treasury shall pay

an eligible State the sum of the amounts elected under subsection

(b) by each eligible county for either -

''(1) the 25-percent payment under the Act of May 23, 1908 (16

U.S.C. 500), and section 13 of the Act of March 1, 1911 (16

U.S.C. 500); or

''(2) the full payment amount in place of the 25-percent

payment.

''(b) Election To Receive Payment Amount. -

''(1) Election; submission of results. - The election to

receive either the full payment amount or the 25-percent payment

shall be made at the discretion of each affected county and

transmitted to the Secretary by the Governor of a State.

''(2) Duration of election. - A county election to receive the

25-percent payment shall be effective for two fiscal years. When

a county elects to receive the full payment amount, such election

shall be effective for all the subsequent fiscal years through

fiscal year 2006.

''(3) Source of payment amounts. - The payment to an eligible

State under this section for a fiscal year shall be derived from

any revenues, fees, penalties, or miscellaneous receipts,

exclusive of deposits to any relevant trust fund, or special

accounts, received by the Federal Government from activities by

the Forest Service on the Federal lands described in section

3(1)(A) (set out in a note above) and to the extent of any

shortfall, out of any funds in the Treasury not otherwise

appropriated.

''(c) Distribution and Expenditure of Payments. -

''(1) Distribution method. - A State that receives a payment

under subsection (a) shall distribute the payment among all

eligible counties in the State in accordance with the Act of May

23, 1908 (16 U.S.C. 500), and section 13 of the Act of March 1,

1911 (36 Stat. 963; 16 U.S.C. 500).

''(2) Expenditure purposes. - Subject to subsection (d),

payments received by a State under subsection (a) and distributed

to eligible counties shall be expended as required by the laws

referred to in paragraph (1).

''(d) Expenditure Rules for Eligible Counties. -

''(1) Allocations. -

''(A) Use of portion in same manner as 25-percent payments. -

If an eligible county elects to receive its share of the full

payment amount, not less than 80 percent, but not more than 85

percent, of the funds shall be expended in the same manner in

which the 25-percent payments are required to be expended.

''(B) Election as to use of balance. - An eligible county

shall elect to do one or more of the following with the balance

of the funds not expended pursuant to subparagraph (A):

''(i) Reserve the balance for projects in accordance with

title II.

''(ii) Reserve the balance for projects in accordance with

title III.

''(iii) Return the balance to the General Treasury in

accordance with section 402(b).

''(2) Distribution of funds. -

''(A) Treatment of title ii funds. - Funds reserved by an

eligible county under paragraph (1)(B)(i) shall be deposited in

a special account in the Treasury of the United States and

shall be available for expenditure by the Secretary of

Agriculture, without further appropriation, and shall remain

available until expended in accordance with title II.

''(B) Treatment of title iii funds. - Funds reserved by an

eligible county under paragraph (1)(B)(ii) shall be available

for expenditure by the county and shall remain available, until

expended, in accordance with title III.

''(3) Election. -

''(A) In general. - An eligible county shall notify the

Secretary of Agriculture of its election under this subsection

not later than September 30 of each fiscal year. If the

eligible county fails to make an election by that date, the

county is deemed to have elected to expend 85 percent of the

funds to be received under this section in the same manner in

which the 25-percent payments are required to be expended, and

shall remit the balance to the Treasury of the United States in

accordance with section 402(b).

''(B) Counties with minor distributions. - Notwithstanding

any adjustment made pursuant to section 101(b) in the case of

each eligible county to which less than $100,000 is distributed

for any fiscal year pursuant to subsection (c)(1), the eligible

county may elect to expend all such funds in accordance with

subsection (c)(2).

''(e) Time for Payment. - The payment to an eligible State under

this section for a fiscal year shall be made as soon as practicable

after the end of that fiscal year.

''SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU OF LAND MANAGEMENT

LANDS FOR USE TO BENEFIT PUBLIC SAFETY, LAW ENFORCEMENT,

EDUCATION, AND OTHER PUBLIC PURPOSES.

''(a) Payment. - The Secretary of the Treasury shall pay an

eligible county either -

''(1) the 50-percent payment under the Act of August 28, 1937

(43 U.S.C. 1181f) (43 U.S.C. 1181a et seq.), or the Act of May

24, 1939 (43 U.S.C. 1181f-1) (43 U.S.C. 1181f-1 et seq.) as

appropriate; or

''(2) the full payment amount in place of the 50-percent

payment.

''(b) Election To Receive Full Payment Amount. -

''(1) Election; duration. - The election to receive the full

payment amount shall be made at the discretion of the county.

Once the election is made, it shall be effective for the fiscal

year in which the election is made and all subsequent fiscal

years through fiscal year 2006.

''(2) Source of payment amounts. - The payment to an eligible

county under this section for a fiscal year shall be derived from

any revenues, fees, penalties, or miscellaneous receipts,

exclusive of deposits to any relevant trust fund, or permanent

operating funds, received by the Federal Government from

activities by the Bureau of Land Management on the Federal lands

described in section 3(1)(B) (set out in a note above) and to the

extent of any shortfall, out of any funds in the Treasury not

otherwise appropriated.

''(c) Expenditure Rules for Eligible Counties. -

''(1) Allocations. -

''(A) Use of portion in same manner as 50-percent payments. -

Of the funds to be paid to an eligible county pursuant to

subsection (a)(2), not less than 80 percent, but not more than

85 percent, of the funds distributed to the eligible county

shall be expended in the same manner in which the 50-percent

payments are required to be expended.

''(B) Election as to use of balance. - An eligible county

shall elect to do one or more of the following with the balance

of the funds not expended pursuant to subparagraph (A):

''(i) Reserve the balance for projects in accordance with

title II.

''(ii) Reserve the balance for projects in accordance with

title III.

''(iii) Return the balance to the General Treasury in

accordance with section 402(b).

''(2) Distribution of funds. -

''(A) Treatment of title ii funds. - Funds reserved by an

eligible county under paragraph (1)(B)(i) shall be deposited in

a special account in the Treasury of the United States and

shall be available for expenditure by the Secretary of the

Interior, without further appropriation, and shall remain

available until expended in accordance with title II.

''(B) Treatment of title iii funds. - Funds reserved by an

eligible county under paragraph (1)(B)(ii) shall be available

for expenditure by the county and shall remain available, until

expended, in accordance with title III.

''(3) Election. - An eligible county shall notify the Secretary

of the Interior of its election under this subsection not later

than September 30 of each fiscal year. If the eligible county

fails to make an election by that date, the county is deemed to

have elected to expend 85 percent of the funds received under

subsection (a)(2) in the same manner in which the 50-percent

payments are required to be expended and shall remit the balance

to the Treasury of the United States in accordance with section

402(b).

''(d) Time for Payment. - The payment to an eligible county under

this section for a fiscal year shall be made as soon as practicable

after the end of that fiscal year.

''TITLE II - SPECIAL PROJECTS ON FEDERAL LANDS

''SEC. 201. DEFINITIONS.

''In this title:

''(1) Participating county. - The term 'participating county'

means an eligible county that elects under section

102(d)(1)(B)(i) or 103(c)(1)(B)(i) to expend a portion of the

Federal funds received under section 102 or 103 in accordance

with this title.

''(2) Project funds. - The term 'project funds' means all funds

an eligible county elects under sections 102(d)(1)(B)(i) and

103(c)(1)(B)(i) to reserve for expenditure in accordance with

this title.

''(3) Resource advisory committee. - The term 'resource

advisory committee' means an advisory committee established by

the Secretary concerned under section 205, or determined by the

Secretary concerned to meet the requirements of section 205.

''(4) Resource management plan. - The term 'resource management

plan' means a land use plan prepared by the Bureau of Land

Management for units of the Federal lands described in section

3(1)(B) (set out in a note above) pursuant to section 202 of the

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712)

or a land and resource management plan prepared by the Forest

Service for units of the National Forest System pursuant to

section 6 of the Forest and Rangeland Renewable Resources

Planning Act of 1974 (16 U.S.C. 1604).

''(5) Secretary concerned. - The term 'Secretary concerned'

means -

''(A) the Secretary of Agriculture or the designee of the

Secretary of Agriculture with respect to the Federal lands

described in section 3(1)(A); and

''(B) the Secretary of the Interior or the designee of the

Secretary of the Interior with respect to the Federal lands

described in section 3(1)(B).

''SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.

''Project funds shall be expended solely on projects that meet

the requirements of this title. Project funds may be used by the

Secretary concerned for the purpose of entering into and

implementing cooperative agreements with willing Federal agencies,

State and local governments, private and nonprofit entities, and

landowners for protection, restoration and enhancement of fish and

wildlife habitat, and other resource objectives consistent with the

purposes of this title on Federal land and on non-Federal land

where projects would benefit these resources on Federal land.

''SEC. 203. SUBMISSION OF PROJECT PROPOSALS.

''(a) Submission of Project Proposals to Secretary Concerned. -

''(1) Projects funded using project funds. - Not later than

September 30 for fiscal year 2001, and each September 30

thereafter for each succeeding fiscal year through fiscal year

2006, each resource advisory committee shall submit to the

Secretary concerned a description of any projects that the

resource advisory committee proposes the Secretary undertake

using any project funds reserved by eligible counties in the area

in which the resource advisory committee has geographic

jurisdiction.

''(2) Projects funded using other funds. - A resource advisory

committee may submit to the Secretary concerned a description of

any projects that the committee proposes the Secretary undertake

using funds from State or local governments, or from the private

sector, other than project funds and funds appropriated and

otherwise available to do similar work.

''(3) Joint projects. - Participating counties or other persons

may propose to pool project funds or other funds, described in

paragraph (2), and jointly propose a project or group of projects

to a resource advisory committee established under section 205.

''(b) Required Description of Projects. - In submitting proposed

projects to the Secretary concerned under subsection (a), a

resource advisory committee shall include in the description of

each proposed project the following information:

''(1) The purpose of the project and a description of how the

project will meet the purposes of this Act (see Short Title of

2000 Amendment note above).

''(2) The anticipated duration of the project.

''(3) The anticipated cost of the project.

''(4) The proposed source of funding for the project, whether

project funds or other funds.

''(5) Expected outcomes, including how the project will meet or

exceed desired ecological conditions, maintenance objectives, or

stewardship objectives, as well as an estimation of the amount of

any timber, forage, and other commodities and other economic

activity, including jobs generated, if any, anticipated as part

of the project.

''(6) A detailed monitoring plan, including funding needs and

sources, that tracks and identifies the positive or negative

impacts of the project, implementation, and provides for

validation monitoring. The monitoring plan shall include an

assessment of the following: Whether or not the project met or

exceeded desired ecological conditions; created local employment

or training opportunities, including summer youth jobs programs

such as the Youth Conservation Corps where appropriate; and

whether the project improved the use of, or added value to, any

products removed from lands consistent with the purposes of this

Act.

''(7) An assessment that the project is to be in the public

interest.

''(c) Authorized Projects. - Projects proposed under subsection

(a) shall be consistent with section 2(b) (set out in a note

above).

''SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY

CONCERNED.

''(a) Conditions for Approval of Proposed Project. - The

Secretary concerned may make a decision to approve a project

submitted by a resource advisory committee under section 203 only

if the proposed project satisfies each of the following conditions:

''(1) The project complies with all applicable Federal laws and

regulations.

''(2) The project is consistent with the applicable resource

management plan and with any watershed or subsequent plan

developed pursuant to the resource management plan and approved

by the Secretary concerned.

''(3) The project has been approved by the resource advisory

committee in accordance with section 205, including the

procedures issued under subsection (e) of such section.

''(4) A project description has been submitted by the resource

advisory committee to the Secretary concerned in accordance with

section 203.

''(5) The project will improve the maintenance of existing

infrastructure, implement stewardship objectives that enhance

forest ecosystems, and restore and improve land health and water

quality.

''(b) Environmental Reviews. -

''(1) Payment of review costs. -

''(A) Request for payment by county. - The Secretary

concerned may request the resource advisory committee

submitting a proposed project to agree to the use of project

funds to pay for any environmental review, consultation, or

compliance with applicable environmental laws required in

connection with the project. When such a payment is requested

and the resource advisory committee agrees to the expenditure

of funds for this purpose, the Secretary concerned shall

conduct environmental review, consultation, or other compliance

responsibilities in accordance with Federal law and

regulations.

''(B) Effect of refusal to pay. - If a resource advisory

committee does not agree to the expenditure of funds under

subparagraph (A), the project shall be deemed withdrawn from

further consideration by the Secretary concerned pursuant to

this title. Such a withdrawal shall be deemed to be a

rejection of the project for purposes of section 207(c).

''(c) Decisions of Secretary Concerned. -

''(1) Rejection of projects. - A decision by the Secretary

concerned to reject a proposed project shall be at the

Secretary's sole discretion. Notwithstanding any other provision

of law, a decision by the Secretary concerned to reject a

proposed project shall not be subject to administrative appeal or

judicial review. Within 30 days after making the rejection

decision, the Secretary concerned shall notify in writing the

resource advisory committee that submitted the proposed project

of the rejection and the reasons for rejection.

''(2) Notice of project approval. - The Secretary concerned

shall publish in the Federal Register notice of each project

approved under subsection (a) if such notice would be required

had the project originated with the Secretary.

''(d) Source and Conduct of Project. - Once the Secretary

concerned accepts a project for review under section 203, it shall

be deemed a Federal action for all purposes.

''(e) Implementation of Approved Projects. -

''(1) Cooperation. - Notwithstanding chapter 63 of title 31,

United States Code, using project funds the Secretary concerned

may enter into contracts, grants, and cooperative agreements with

States and local governments, private and nonprofit entities, and

landowners and other persons to assist the Secretary in carrying

out an approved project.

''(2) Best value contracting. - For any project involving a

contract authorized by paragraph (1) the Secretary concerned may

elect a source for performance of the contract on a best value

basis. The Secretary concerned shall determine best value based

on such factors as:

''(A) The technical demands and complexity of the work to be

done.

''(B) The ecological objectives of the project and the

sensitivity of the resources being treated.

''(C) The past experience by the contractor with the type of

work being done, using the type of equipment proposed for the

project, and meeting or exceeding desired ecological

conditions.

''(D) The commitment of the contractor to hiring highly

qualified workers and local residents.

''(3) Merchantable material contracting pilot program. -

''(A) Establishment. - The Secretary concerned shall

establish a pilot program to implement a certain percentage of

approved projects involving the sale of merchantable material

using separate contracts for -

''(i) the harvesting or collection of merchantable

material; and

''(ii) the sale of such material.

''(B) Annual percentages. - Under the pilot program, the

Secretary concerned shall ensure that, on a nationwide basis,

not less than the following percentage of all approved projects

involving the sale of merchantable material are implemented

using separate contracts:

''(i) For fiscal year 2001, 15 percent.

''(ii) For fiscal year 2002, 25 percent.

''(iii) For fiscal year 2003, 25 percent.

''(iv) For fiscal year 2004, 50 percent.

''(v) For fiscal year 2005, 50 percent.

''(vi) For fiscal year 2006, 50 percent.

''(C) Inclusion in pilot program. - The decision whether to

use separate contracts to implement a project involving the

sale of merchantable material shall be made by the Secretary

concerned after the approval of the project under this title.

''(D) Assistance. - The Secretary concerned may use funds

from any appropriated account available to the Secretary for

the Federal lands to assist in the administration of projects

conducted under the pilot program. The total amount obligated

under this subparagraph may not exceed $1,000,000 for any

fiscal year during which the pilot program is in effect.

''(E) Review and report. - Not later than September 30, 2003,

the Comptroller General shall submit to the Committee on

Agriculture, Nutrition, and Forestry of the Senate, the

Committee on Energy and Natural Resources of the Senate, the

Committee on Agriculture of the House of Representatives, and

the Committee on Resources of the House of Representatives a

report assessing the pilot program. The Secretary concerned

shall submit to such committees an annual report describing the

results of the pilot program.

''(f) Requirements for Project Funds. - The Secretary shall

ensure that at least 50 percent of all project funds be used for

projects that are primarily dedicated -

''(1) to road maintenance, decommissioning, or obliteration; or

''(2) to restoration of streams and watersheds.

''SEC. 205. RESOURCE ADVISORY COMMITTEES.

''(a) Establishment and Purpose of Resource Advisory Committees.

-

''(1) Establishment. - The Secretary concerned shall establish

and maintain resource advisory committees to perform the duties

in subsection (b), except as provided in paragraph (4).

''(2) Purpose. - The purpose of a resource advisory committee

shall be to improve collaborative relationships and to provide

advice and recommendations to the land management agencies

consistent with the purposes of this Act (see Short Title of 2000

Amendment note above).

''(3) Access to resource advisory committees. - To ensure that

each unit of Federal land has access to a resource advisory

committee, and that there is sufficient interest in participation

on a committee to ensure that membership can be balanced in terms

of the points of view represented and the functions to be

performed, the Secretary concerned may, establish resource

advisory committees for part of, or one or more, units of Federal

lands.

''(4) Existing advisory committees. - Existing advisory

committees meeting the requirements of this section may be deemed

by the Secretary concerned, as a resource advisory committee for

the purposes of this title. The Secretary of the Interior may

deem a resource advisory committee meeting the requirements of

subpart 1784 of part 1780 of title 43, Code of Federal

Regulations, as a resource advisory committee for the purposes of

this title.

''(b) Duties. - A resource advisory committee shall -

''(1) review projects proposed under this title by

participating counties and other persons;

''(2) propose projects and funding to the Secretary concerned

under section 203;

''(3) provide early and continuous coordination with

appropriate land management agency officials in recommending

projects consistent with purposes of this Act under this title;

and

''(4) provide frequent opportunities for citizens,

organizations, tribes, land management agencies, and other

interested parties to participate openly and meaningfully,

beginning at the early stages of the project development process

under this title.

''(c) Appointment by the Secretary. -

''(1) Appointment and term. - The Secretary concerned, shall

appoint the members of resource advisory committees for a term of

3 years beginning on the date of appointment. The Secretary

concerned may reappoint members to subsequent 3-year terms.

''(2) Basic requirements. - The Secretary concerned shall

ensure that each resource advisory committee established meets

the requirements of subsection (d).

''(3) Initial appointment. - The Secretary concerned shall make

initial appointments to the resource advisory committees not

later than 180 days after the date of the enactment of this Act

(Oct. 30, 2000).

''(4) Vacancies. - The Secretary concerned shall make

appointments to fill vacancies on any resource advisory committee

as soon as practicable after the vacancy has occurred.

''(5) Compensation. - Members of the resource advisory

committees shall not receive any compensation.

''(d) Composition of Advisory Committee. -

''(1) Number. - Each resource advisory committee shall be

comprised of 15 members.

''(2) Community interests represented. - Committee members

shall be representative of the interests of the following three

categories:

''(A) five persons who -

''(i) represent organized labor;

''(ii) represent developed outdoor recreation, off highway

vehicle users, or commercial recreation activities;

''(iii) represent energy and mineral development interests;

''(iv) represent the commercial timber industry; or

''(v) hold Federal grazing permits, or other land use

permits within the area for which the committee is organized.

''(B) five persons representing -

''(i) nationally recognized environmental organizations;

''(ii) regionally or locally recognized environmental

organizations;

''(iii) dispersed recreational activities;

''(iv) archaeological and historical interests; or

''(v) nationally or regionally recognized wild horse and

burro interest groups.

''(C) five persons who -

''(i) hold State elected office or their designee;

''(ii) hold county or local elected office;

''(iii) represent American Indian tribes within or adjacent

to the area for which the committee is organized;

''(iv) are school officials or teachers; or

''(v) represent the affected public at large.

''(3) Balanced representation. - In appointing committee

members from the three categories in paragraph (2), the Secretary

concerned shall provide for balanced and broad representation

from within each category.

''(4) Geographic distribution. - The members of a resource

advisory committee shall reside within the State in which the

committee has jurisdiction and, to extent practicable, the

Secretary concerned shall ensure local representation in each

category in paragraph (2).

''(5) Chairperson. - A majority on each resource advisory

committee shall select the chairperson of the committee.

''(e) Approval Procedures. - (1) Subject to paragraph (2), each

resource advisory committee shall establish procedures for

proposing projects to the Secretary concerned under this title. A

quorum must be present to constitute an official meeting of the

committee.

''(2) A project may be proposed by a resource advisory committee

to the Secretary concerned under section 203(a), if it has been

approved by a majority of members of the committee from each of the

three categories in subsection (d)(2).

''(f) Other Committee Authorities and Requirements. -

''(1) Staff assistance. - A resource advisory committee may

submit to the Secretary concerned a request for periodic staff

assistance from Federal employees under the jurisdiction of the

Secretary.

''(2) Meetings. - All meetings of a resource advisory committee

shall be announced at least one week in advance in a local

newspaper of record and shall be open to the public.

''(3) Records. - A resource advisory committee shall maintain

records of the meetings of the committee and make the records

available for public inspection.

''SEC. 206. USE OF PROJECT FUNDS.

''(a) Agreement Regarding Schedule and Cost of Project. -

''(1) Agreement between parties. - The Secretary concerned may

carry out a project submitted by a resource advisory committee

under section 203(a) using project funds or other funds described

in section 203(a)(2), if, as soon as practicable after the

issuance of a decision document for the project and the

exhaustion of all administrative appeals and judicial review of

the project decision, the Secretary concerned and the resource

advisory committee enter into an agreement addressing, at a

minimum, the following:

''(A) The schedule for completing the project.

''(B) The total cost of the project, including the level of

agency overhead to be assessed against the project.

''(C) For a multiyear project, the estimated cost of the

project for each of the fiscal years in which it will be

carried out.

''(D) The remedies for failure of the Secretary concerned to

comply with the terms of the agreement consistent with current

Federal law.

''(2) Limited use of federal funds. - The Secretary concerned

may decide, at the Secretary's sole discretion, to cover the

costs of a portion of an approved project using Federal funds

appropriated or otherwise available to the Secretary for the same

purposes as the project.

''(b) Transfer of Project Funds. -

''(1) Initial transfer required. - As soon as practicable after

the agreement is reached under subsection (a) with regard to a

project to be funded in whole or in part using project funds, or

other funds described in section 203(a)(2), the Secretary

concerned shall transfer to the applicable unit of National

Forest System lands or BLM District an amount of project funds

equal to -

''(A) in the case of a project to be completed in a single

fiscal year, the total amount specified in the agreement to be

paid using project funds, or other funds described in section

203(a)(2); or

''(B) in the case of a multiyear project, the amount

specified in the agreement to be paid using project funds, or

other funds described in section 203(a)(2) for the first fiscal

year.

''(2) Condition on project commencement. - The unit of National

Forest System lands or BLM District concerned, shall not commence

a project until the project funds, or other funds described in

section 203(a)(2) required to be transferred under paragraph (1)

for the project, have been made available by the Secretary

concerned.

''(3) Subsequent transfers for multiyear projects. - For the

second and subsequent fiscal years of a multiyear project to be

funded in whole or in part using project funds, the unit of

National Forest System lands or BLM District concerned shall use

the amount of project funds required to continue the project in

that fiscal year according to the agreement entered into under

subsection (a). The Secretary concerned shall suspend work on the

project if the project funds required by the agreement in the

second and subsequent fiscal years are not available.

''SEC. 207. AVAILABILITY OF PROJECT FUNDS.

''(a) Submission of Proposed Projects To Obligate Funds. - By

September 30 of each fiscal year through fiscal year 2006, a

resource advisory committee shall submit to the Secretary concerned

pursuant to section 203(a)(1) a sufficient number of project

proposals that, if approved, would result in the obligation of at

least the full amount of the project funds reserved by the

participating county in the preceding fiscal year.

''(b) Use or Transfer of Unobligated Funds. - Subject to section

208, if a resource advisory committee fails to comply with

subsection (a) for a fiscal year, any project funds reserved by the

participating county in the preceding fiscal year and remaining

unobligated shall be available for use as part of the project

submissions in the next fiscal year.

''(c) Effect of Rejection of Projects. - Subject to section 208,

any project funds reserved by a participating county in the

preceding fiscal year that are unobligated at the end of a fiscal

year because the Secretary concerned has rejected one or more

proposed projects shall be available for use as part of the project

submissions in the next fiscal year.

''(d) Effect of Court Orders. - If an approved project under this

Act (see Short Title of 2000 Amendment note above) is enjoined or

prohibited by a Federal court, the Secretary concerned shall return

the unobligated project funds related to that project to the

participating county or counties that reserved the funds. The

returned funds shall be available for the county to expend in the

same manner as the funds reserved by the county under section

102(d)(1)(B)(i) or 103(c)(1)(B)(i), whichever applies to the funds

involved.

''SEC. 208. TERMINATION OF AUTHORITY.

''The authority to initiate projects under this title shall

terminate on September 30, 2006. Any project funds not obligated by

September 30, 2007, shall be deposited in the Treasury of the

United States.

''TITLE III - COUNTY PROJECTS

''SEC. 301. DEFINITIONS.

''In this title:

''(1) Participating county. - The term 'participating county'

means an eligible county that elects under section

102(d)(1)(B)(ii) or 103(c)(1)(B)(ii) to expend a portion of the

Federal funds received under section 102 or 103 in accordance

with this title.

''(2) County funds. - The term 'county funds' means all funds

an eligible county elects under sections 102(d)(1)(B)(ii) and

103(c)(1)(B)(ii) to reserve for expenditure in accordance with

this title.

''SEC. 302. USE OF COUNTY FUNDS.

''(a) Limitation on County Fund Use. - County funds shall be

expended solely on projects that meet the requirements of this

title. A project under this title shall be approved by the

participating county only following a 45-day public comment period,

at the beginning of which the county shall -

''(1) publish a description of the proposed project in the

publications of local record; and

''(2) send the proposed project to the appropriate resource

advisory committee established under section 205, if one exists

for the county.

''(b) Authorized Uses. -

''(1) Search, rescue, and emergency services. - An eligible

county or applicable sheriff's department may use these funds as

reimbursement for search and rescue and other emergency services,

including fire fighting, performed on Federal lands and paid for

by the county.

''(2) Community service work camps. - An eligible county may

use these funds as reimbursement for all or part of the costs

incurred by the county to pay the salaries and benefits of county

employees who supervise adults or juveniles performing mandatory

community service on Federal lands.

''(3) Easement purchases. - An eligible county may use these

funds to acquire -

''(A) easements, on a willing seller basis, to provide for

nonmotorized access to public lands for hunting, fishing, and

other recreational purposes;

''(B) conservation easements; or

''(C) both.

''(4) Forest related educational opportunities. - A county may

use these funds to establish and conduct forest-related after

school programs.

''(5) Fire prevention and county planning. - A county may use

these funds for -

''(A) efforts to educate homeowners in fire-sensitive

ecosystems about the consequences of wildfires and techniques

in home siting, home construction, and home landscaping that

can increase the protection of people and property from

wildfires; and

''(B) planning efforts to reduce or mitigate the impact of

development on adjacent Federal lands and to increase the

protection of people and property from wildfires.

''(6) Community forestry. - A county may use these funds

towards non-Federal cost-share requirements of section 9 of the

Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105).

''SEC. 303. TERMINATION OF AUTHORITY.

''The authority to initiate projects under this title shall

terminate on September 30, 2006. Any county funds not obligated by

September 30, 2007 shall be available to be expended by the county

for the uses identified in section 302(b).

''TITLE IV - MISCELLANEOUS PROVISIONS

''SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

''There are hereby authorized to be appropriated such sums as may

be necessary to carry out this Act (see Short Title of 2000

Amendment note above) for fiscal years 2001 through 2006.

''SEC. 402. TREATMENT OF FUNDS AND REVENUES.

''(a) Relation to Other Appropriations. - Funds appropriated

pursuant to the authorization of appropriations in section 401 and

funds made available to a Secretary concerned under section 206

shall be in addition to any other annual appropriations for the

Forest Service and the Bureau of Land Management.

''(b) Deposit of Revenues and Other Funds. - All revenues

generated from projects pursuant to title II, any funds remitted by

counties pursuant to section 102(d)(1)(B)(iii) or section

103(c)(1)(B)(iii), and any interest accrued from such funds shall

be deposited in the Treasury of the United States.

''SEC. 403. REGULATIONS.

''The Secretaries concerned may jointly issue regulations to

carry out the purposes of this Act (see Short Title of 2000

Amendment note above).

''SEC. 404. CONFORMING AMENDMENTS.

''(Repealed section 13982 of Pub. L. 103-66, which was set out as

a note below, and section 13983 of Pub. L. 103-66, which was set

out as a note under section 1181f of Title 43, Public Lands.)''

ADVISORY COMMITTEE ON FOREST COUNTIES PAYMENTS

Pub. L. 106-291, title III, Sec. 320, Oct. 11, 2000, 114 Stat.

990, provided that:

''(a) Definitions. - In this section:

''(1) Advisory committee. - The term 'Advisory Committee' means

the Forest Counties Payments Committee established by this

section.

''(2) Committees of jurisdiction. - The term 'committees of

jurisdiction' means the Committee on Agriculture, the Committee

on Resources, and the Committee on Appropriations of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry, the Committee on Energy and Natural Resources, and the

Committee on Appropriations of the Senate.

''(3) Eligible county. - The term 'eligible county' means a

county that, for one or more of the fiscal years 1986 through

1999, received -

''(A) a payment under title II of the Act of August 28, 1937

(chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), or the Act of May

24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et

seq.); or

''(B) a portion of an eligible State's payment, as described

in paragraph (4).

''(4) Eligible state. - The term 'eligible State' means a State

that, for one or more of the fiscal years 1986 through 1999,

received a payment under the sixth paragraph under the heading of

'FOREST SERVICE' in the Act of May 23, 1908 (35 Stat. 260; 16

U.S.C. 500), or section 13 of the Act of March 1, 1911 (36 Stat.

963; 16 U.S.C. 500).

''(5) Federal lands. - The term 'Federal lands' means the

following:

''(A) Lands within the National Forest System, as defined in

section 11(a) of the Forest and Rangeland Renewable Resources

Planning Act of 1974 (16 U.S.C. 1609(a)), exclusive of the

National Grasslands and land utilization projects designated as

National Grasslands administered pursuant to the Act of July

22, 1937 (7 U.S.C. 1010-1012).

''(B) Such portions of the Oregon and California Railroad

grant lands revested in the United States by the Act of June 9,

1916 (chapter 137; 39 Stat. 218), and the Coos Bay Wagon Road

grant lands reconveyed to the United States by the Act of

February 26, 1919 (chapter 47; 40 Stat. 1179), as are or may

hereafter come under the jurisdiction of the Secretary of the

Interior, which have heretofore or may hereafter be classified

as timberlands, and power-site lands valuable for timber, that

shall be managed, except as provided in the former section 3 of

the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), for

permanent forest production.

''(6) Sustainable forestry. - The term 'sustainable forestry'

means the practice of meeting the forest resource needs and

values of the present without compromising the similar capability

of future generations.

''(b) Establishment of Advisory Committee. -

''(1) Establishment required. - There is hereby established an

advisory committee, to be known as the Forest Counties Payments

Committee, to develop recommendations, consistent with

sustainable forestry, regarding methods to ensure that States and

counties in which Federal lands are situated receive adequate

Federal payments to be used for the benefit of public education

and other public purposes.

''(2) Members. - The Advisory Committee shall be composed of

the following members:

''(A) The Chief of the Forest Service, or a designee of the

Chief who has significant expertise in sustainable forestry.

''(B) The Director of the Bureau of Land Management, or a

designee of the Director who has significant expertise in

sustainable forestry.

''(C) The Director of the Office of Management and Budget, or

the Director's designee.

''(D) Two members who are elected members of the governing

branches of eligible counties; one such member to be appointed

by the President pro tempore of the Senate (in consultation

with the chairmen and ranking members of the committees of

jurisdiction of the Senate) and one such member to be appointed

by the Speaker of the House of Representatives (in consultation

with the chairmen and ranking members of the committees of

jurisdiction of the House of Representatives) within 60 days of

the date of the enactment of this Act (Oct. 11, 2000).

''(E) Two members who are elected members of school boards

for, superintendents from, or teachers employed by, school

districts in eligible counties; one such member to be appointed

by the President pro tempore of the Senate (in consultation

with the chairmen and ranking members of the committees of

jurisdiction of the Senate) and one such member to be appointed

by the Speaker of the House of Representatives (in consultation

with the chairmen and ranking members of the committees of

jurisdiction of the House of Representatives) within 60 days of

the date of the enactment of this Act (Oct. 11, 2000).

''(3) Geographic representation. - In making appointments under

subparagraphs (D) and (E) of paragraph (2), the President pro

tempore of the Senate and the Speaker of the House of

Representatives shall seek to ensure that the Advisory Committee

members are selected from geographically diverse locations.

''(4) Organization of advisory committee. -

''(A) Chairperson. - The Chairperson of the Advisory

Committee shall be selected from among the members appointed

pursuant to subparagraphs (D) and (E) of paragraph (2).

''(B) Vacancies. - Any vacancy in the membership of the

Advisory Committee shall be filled in the same manner as

required by paragraph (2). A vacancy shall not impair the

authority of the remaining members to perform the functions of

the Advisory Committee under this section.

''(C) Compensation. - The members of the Advisory Committee

who are not officers or employees of the United States, while

attending meetings or other events held by the Advisory

Committee or at which the members serve as representatives of

the Advisory Committee or while otherwise serving at the

request of the Chairperson of the Advisory Committee, shall

each be entitled to receive compensation at a rate not in

excess of the maximum rate of pay for grade GS-15, as provided

in the General Schedule, including traveltime, and while away

from their homes or regular places of business, shall each be

reimbursed for travel expenses, including per diem in lieu of

subsistence as authorized by section 5703 of title 5, United

States Code, for persons in Government service employed

intermittently.

''(5) Staff and rules. -

''(A) Executive director. - The Advisory Committee shall have

an Executive Director, who shall be appointed by the Advisory

Committee and serve at the pleasure of the Advisory Committee.

The Executive Director shall report to the Advisory Committee

and assume such duties as the Advisory Committee may assign.

The Executive Director shall be paid at a rate not in excess of

the maximum rate of pay for grade GS-15, as provided in the

General Schedule.

''(B) Other staff. - In addition to authority to appoint

personnel subject to the provisions of title 5, United States

Code, governing appointments to the competitive service, and to

pay such personnel in accordance with the provisions of chapter

51 and subchapter III of chapter 53 of such title relating to

classification and General Schedule pay rates, the Advisory

Committee shall have authority to enter into contracts with

private or public organizations which may furnish the Advisory

Committee with such administrative and technical personnel as

may be necessary to carry out the functions of the Advisory

Committee under this section. To the extent practicable, such

administrative and technical personnel, and other necessary

support services, shall be provided for the Advisory Committee

by the Chief of the Forest Service and the Director of the

Bureau of Land Management.

''(C) Committee rules. - The Advisory Committee may establish

such procedural and administrative rules as are necessary for

the performance of its functions under this section.

''(6) Federal agency cooperation. - The heads of the

departments, agencies, and instrumentalities of the executive

branch of the Federal Government shall cooperate with the

Advisory Committee in the performance of its functions under this

section and should furnish, as practicable, to the Advisory

Committee information which the Advisory Committee deems

necessary to carry out such functions.

''(c) Functions of Advisory Committee. -

''(1) Development of recommendations. -

''(A) In general. - The Advisory Committee shall develop

recommendations for policy or legislative initiatives (or both)

regarding alternatives for, or substitutes to, the payments

required to be made to eligible States and eligible counties

under the provisions of law referred to in paragraphs (3) and

(4) of subsection (a) in order to provide a long-term method to

generate annual payments to eligible States and eligible

counties.

''(B) Reporting requirements. - Not later than 18 months

after the date of the enactment of this Act (Oct. 11, 2000),

the Advisory Committee shall submit to the committees of

jurisdiction a final report containing the recommendations

developed under this subsection. The Advisory Committee shall

submit semiannual progress reports on its activities and

expenditures to the committees of jurisdiction until the final

report has been submitted.

''(2) Guidance for committee. - In developing the

recommendations required by paragraph (1), the Advisory Committee

shall -

''(A) evaluate the method by which payments are made to

eligible States and eligible counties under the provisions of

law referred to in paragraphs (3) and (4) of subsection (a),

and related laws, and the use of such payments;

''(B) consider the impact on eligible States and eligible

counties of revenues derived from the historic multiple use of

the Federal lands;

''(C) evaluate the economic, environmental, and social

benefits which accrue to counties containing Federal lands,

including recreation, natural resources industries, and the

value of environmental services that result from Federal lands;

and

''(D) evaluate the expenditures by counties on activities on

Federal lands which are Federal responsibilities.

''(3) Monitoring and related reporting activities. - The

Advisory Committee shall monitor the payments made to eligible

States and eligible counties under the provisions of law referred

to in paragraphs (3) and (4) of subsection (a), and related laws,

and submit to the committees of jurisdiction an annual report

describing the amounts and sources of such payments and

containing such comments as the Advisory Committee may have

regarding such payments.

''(4) Testimony. - The Advisory Committee shall make itself

available for testimony or comments on the reports required to be

submitted by the Advisory Committee and on any legislation or

regulations to implement any recommendations made in such reports

in any congressional hearings or any rulemaking or other

administrative decision process.

''(d) Federal Advisory Committee Act Requirements. - The

provisions of the Federal Advisory Committee Act (5 U.S.C. App.)

shall apply to the Advisory Committee.

''(e) Termination of Advisory Committee. - The Advisory Committee

shall terminate three years after the date of the enactment of this

Act (Oct. 11, 2000).

''(f) Funding Source. - At the request of the Executive Director

of the Advisory Committee, the Secretary of Agriculture shall

provide funds from any account available to the Secretary, not to

exceed $200,000 in fiscal year 2001, for the work of the Advisory

Committee necessary to meet the requirements of this section.''

SHARING OF FOREST SERVICE TIMBER SALE RECEIPTS

Pub. L. 103-66, title XIII, Sec. 13982, Aug. 10, 1993, 107 Stat.

681, as amended by Pub. L. 103-443, Sec. 1(a), Nov. 2, 1994, 108

Stat. 4631, which related to the amount of payments for each fiscal

year from 1994 through 2003 that the Secretary of the Treasury was

to make, in lieu of making the 25-percent payments to States, for

the benefit of counties eligible to receive the 25-percent payments

to States, was repealed by Pub. L. 106-393, title IV, Sec. 404,

Oct. 30, 2000, 114 Stat. 1623.

DISTRIBUTION OF MONEYS RECEIVED FROM TIMBER SALVAGE SALES PROGRAM

Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1401,

provided: ''That notwithstanding any other provision of law, moneys

received from the timber salvage sales program in fiscal year 1993

and subsequent fiscal years shall be considered as money received

for purposes of computing and distributing 25 per centum payments

to local governments under 16 U.S.C. 500, as amended.''

Similar provisions were contained in the following appropriations

act:

Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1402.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 90d, 253, 460p-2,

460bbb-10, 460lll-12, 472a, 508b, 535a, 544l, 577g, 577g-1, 580k,

698v-4, 1683 of this title; title 7 section 6617; title 31 section

6903.

-CITE-

16 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 501. Expenditures from receipts for roads and trails;

cooperation with State authorities; evaluation of receipts

-STATUTE-

On or after Mar. 4, 1913, ten per centum of all moneys received

from the national forests during each fiscal year shall be

available at the end thereof, to be expended by the Secretary of

Agriculture for the construction and maintenance of roads and

trails within the national forests in the States from which such

proceeds are derived; but the Secretary of Agriculture may,

whenever practicable, in the construction and maintenance of such

roads, secure the cooperation or aid of the proper State or

Territorial authorities in the furtherance of any system of

highways of which such roads may be made a part. In sales of logs,

ties, poles, posts, cordwood, pulpwood, and other forest products

the amounts made available for schools and roads by this section

shall be based upon the stumpage value of the timber.

-SOURCE-

(Mar. 4, 1913, ch. 145, Sec. 1(part), 37 Stat. 843; Sept. 21, 1944,

ch. 412, title II, Sec. 212, 58 Stat. 737.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

June 28, 1944, ch. 296, 58 Stat. 444.

July 12, 1943, ch. 215, 57 Stat. 412.

July 22, 1942, ch. 516, 56 Stat. 680.

July 1, 1941, ch. 267, 55 Stat. 423.

AMENDMENTS

1944 - Act Sept. 21, 1944, inserted sentence relating to stumpage

value of the timber.

SAVINGS PROVISION

Provisions of Federal Land Policy and Management Act of 1976,

Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed

as affecting the distribution of livestock grazing revenues to

local governments under this section, see section 701(j) of Pub. L.

94-579, set out as a note under section 1701 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 472a, 499, 508b of this

title.

-CITE-

16 USC Sec. 501a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 501a. Omitted

-COD-

CODIFICATION

Section, acts June 30, 1939, ch. 253, title I, 53 Stat. 956; June

25, 1940, ch. 421, 54 Stat. 547, related to the evaluation of

receipts for sections 500 and 501 of this title. See sections 500

and 501 of this title.

-CITE-

16 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 502. Rental of property for Forest Service; forage, care, and

housing of animals; storage of vehicles and other equipment;

pack stock; loss, damage, or destruction of horses, vehicles,

and other equipment

-STATUTE-

The Secretary of Agriculture is authorized, under such

regulations as he may prescribe:

(a) To hire or rent property from employees of the Forest Service

for the use of that Service whenever the public interest will be

promoted thereby.

(b) To provide forage, care, and housing for animals, and storage

for vehicles and other equipment obtained by the Forest Service for

the use of that service from employees.

(c) To contract with public and private agencies, corporations,

firms, associations, or individuals to train, provide forage, care,

and housing for, and to work pack stock owned and held in reserve

by the Forest Service for fire emergency purposes and as all or

part of the consideration therefor to permit such contractors to

use the stock for their own purposes during the periods of nonuse

by the Forest Service.

(d) To reimburse owners for loss, damage, or destruction of

horses, vehicles, and other equipment obtained by the Forest

Service for the use of that service from employees or other private

owners: Provided, That payments or reimbursements herein authorized

may be made from the applicable appropriations for the Forest

Service: And provided further, That except for fire fighting

emergencies no reimbursement herein authorized shall be made in an

amount in excess of $50 to persons who were employees of the Forest

Service prior to the time the equipment was obtained or $2,500 in

any other case, unless the equipment was made available under a

written agreement, contract, or lease.

-SOURCE-

(Mar. 4, 1913, ch. 145, Sec. 1(part), 37 Stat. 843; Jan. 31, 1931,

ch. 76, 46 Stat. 1052; Pub. L. 85-464, Sec. 1, June 20, 1958, 72

Stat. 216; Pub. L. 89-270, Oct. 19, 1965, 79 Stat. 991; Pub. L.

97-375, title I, Sec. 103(b), Dec. 21, 1982, 96 Stat. 1819.)

-MISC1-

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-375 struck out provision that the

Secretary transmit to Congress a statement of rentals under the

authority of this paragraph as soon as practicable after the end of

each fiscal year.

1965 - Subsec. (a). Pub. L. 89-270 required the transmittal of

statement of rentals during the fiscal year to congressional

committees and omitted restriction against use of hired or rented

property by the employee from whom hired or rented and $3,000

limitation on aggregate amount of payment in any one year to

permanent employees, exclusive of fire emergency obligations.

1958 - Subsecs. (c), (d). Pub. L. 85-464 added subsec. (c),

redesignated former subsec. (c) as (d) and authorized reimbursement

in an amount not in excess of $2,500 in any case where the person

is not an employee of the Forest Service at the time the equipment

is obtained.

1931 - Act Jan. 31, 1931, substituted ''The Secretary of

Agriculture is authorized, under such regulations as he may

prescribe'' for prior provision which authorized Secretary to

reimburse owners of private property lost or damaged while being

used for necessary official business.

Subsecs. (a) to (c). Act Jan. 31, 1931, added subsecs. (a) to

(c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 172.

-CITE-

16 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 503. Repealed. Pub. L. 85-767, Sec. 2(1), Aug. 27, 1958, 72

Stat. 919

-MISC1-

Section, act July 11, 1916, ch. 241, Sec. 8, 39 Stat. 358,

related to appropriations for roads and trails, and cooperative

agreements by the Secretary of Agriculture and States.

-CITE-

16 USC Sec. 503a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 503a. Omitted

-COD-

CODIFICATION

Section, acts May 16, 1928, ch. 572, 45 Stat. 569; Feb. 16, 1929,

ch. 227, 45 Stat. 1220, which related to purpose for which

appropriations for carrying out the provisions of section 503 of

this title were available, was omitted in view of repeal of section

503 of this title.

-CITE-

16 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 504. Purchases of tree seeds, cones, forage plant seed, and

nursery stock for national forests

-STATUTE-

The provisions of section 5 of title 41 shall not apply to any

purchase by the Forest Service of forest-tree seed or cones or of

forage plant seed when the amount involved does not exceed $10,000,

nor to any purchase of forest-tree nursery stock when the amount

involved does not exceed $500, whenever, in the discretion of the

Secretary of Agriculture, such method is in the public interest.

-SOURCE-

(June 30, 1914, ch. 131, 38 Stat. 429; Apr. 24, 1950, ch. 97, Sec.

2, 64 Stat. 83.)

-MISC1-

AMENDMENTS

1950 - Act Apr. 24, 1950, increased open market purchase

limitation from $500 to $10,000 on forest-tree seed or cones or

forage plant seed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 580k of this title.

-CITE-

16 USC Sec. 504a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 504a. Sale of forest-tree seed and nursery stock to States and

political subdivisions; disposition of moneys; exchanges;

limitation

-STATUTE-

The Secretary of Agriculture is authorized, subject to such

conditions as he may prescribe, to sell forest-tree seed and

nursery stock to States and political subdivisions thereof and to

public agencies of other countries, at rates not less than the

actual or estimated cost to the United States of procuring or

producing such seed or nursery stock, moneys received from the sale

thereof to be credited to the appropriation or appropriations of

the Forest Service currently available for the procurement or

production of seed or nursery stock at the time such moneys are

deposited: Provided, That the Secretary of Agriculture may exchange

with such public agencies forest-tree seed and nursery stock for

forest-tree seed or nursery stock of the same or different species

upon a determination that such exchange is in the interest of the

United States and that the value of the property given in exchange

does not exceed the value of the property received: Provided

further, That no nursery stock shall be sold or exchanged under

this section as ornamental or other stock for landscape planting of

the types commonly grown by established commercial nurserymen.

-SOURCE-

(Apr. 24, 1950, ch. 97, Sec. 9, 64 Stat. 85.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 580k of this title.

-CITE-

16 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 505. Use of national forests established on land reserved for

purposes of national defense; maintenance available

-STATUTE-

Where a national forest is established under section 471(b) of

this title on land previously reserved for the Army or Navy for

purposes of national defense the land shall remain subject to the

unhampered use of the Department of the Army or Navy Department for

said purposes and nothing in this section or section 471(b) of this

title shall be construed to relinquish the authority over such

lands for purposes of national defense now vested in the department

for which the lands were formerly reserved. Any moneys available

for the maintenance, improvement, protection, construction of

highways and general administration of the national forests shall

be available for expenditure on national forests created under this

section.

-SOURCE-

(June 7, 1924, ch. 348, Sec. 9, 43 Stat. 655; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is based on the second and third sentences of section 9

of act June 7, 1924. Section 471(b) of this title, referred to in

text, was based on the first and fifth sentences of section 9 of

the 1924 act, and was repealed by section 704(a) of Pub. L. 94-579.

Section 499 of this title is based in part on the fourth sentence

of section 9 of the 1924 act.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 527, 566b, 670e of this

title.

-CITE-

16 USC Sec. 505a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 505a. Interchange of lands between Department of Agriculture

and military departments of Department of Defense; report to

Congress

-STATUTE-

The Secretary of Agriculture with respect to National Forest

System lands and the Secretary of a military department with

respect to lands under the control of the military department which

lie within or adjacent to the exterior boundaries of a unit of the

National Forest System are authorized, subject to any applicable

provisions of the Federal Property and Administrative Services Act

of 1949, as amended, to interchange such lands, or any part

thereof, without reimbursement or transfer of funds whenever they

shall determine that such interchange will facilitate land

management and will provide maximum use thereof for authorized

purposes: Provided, That no such interchange of lands shall become

effective until forty-five days (counting only days occurring

during any regular or special session of the Congress) after the

submission to the Congress by the respective Secretaries of notice

of intention to make the interchange.

-SOURCE-

(July 26, 1956, ch. 736, Sec. 1, 70 Stat. 656; Pub. L. 100-409,

Sec. 7(a), (b), Aug. 20, 1988, 102 Stat. 1091.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in text, is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-409 substituted ''National Forest System

lands'' for ''national forest lands'' and ''a unit of the National

Forest System'' for ''a national forest''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 505b of this title.

-CITE-

16 USC Sec. 505b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 505b. Laws applicable

-STATUTE-

Any National Forest System lands which are transferred to a

military department in accordance with this section and section

505a of this title shall be thereafter subject only to the laws

applicable to other lands within the military installation or other

public works project for which such lands are required and any

lands which are transferred to the Department of Agriculture in

accordance with this section and section 505a of this title shall

become subject to the laws applicable to lands acquired under the

Act of March 1, 1911 (36 Stat. 961), as amended. Lands

interchanged under the authority of this section and section 505a

of this title shall be deemed to include interests in lands.

-SOURCE-

(July 26, 1956, ch. 736, Sec. 2, 70 Stat. 657; Pub. L. 100-409,

Sec. 7(a), (c), Aug. 20, 1988, 102 Stat. 1091.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 1, 1911, referred to in text, is act Mar. 1, 1911,

ch. 186, 36 Stat. 961, as amended, popularly known as the Weeks

Law, which is classified to sections 480, 500, 513 to 519, 521,

552, and 563 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 552 of

this title and Tables.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-409 substituted ''National Forest System

lands'' for ''national forest lands'' and inserted provision that

lands interchanged under authority of this section and section 505a

of this title be deemed to include interests in lands.

-CITE-

16 USC Sec. 506 to 508 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 506 to 508. Repealed. Pub. L. 87-869, Sec. 4, Oct. 23, 1962,

76 Stat. 1157

-MISC1-

Section 506, acts June 11, 1906, ch. 3074, Sec. 1, 34 Stat. 233;

May 30, 1908, ch. 233, 35 Stat. 554; Aug. 10, 1912, ch. 284, 37

Stat. 287; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan

No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,

authorized and directed the Secretary of Agriculture to classify

national forest lands chiefly valuable for agriculture and which

might be occupied for agricultural purposes without injury to the

national forest and which were not needed for public purposes and

to list them with the Secretary of the Interior for homestead entry

and required such Secretary to declare the agricultural lands open

to homestead entry.

Section 507, act June 11, 1906, ch. 3074, Sec. 2, 34 Stat. 234,

provided for additional homestead right of entry to former

settlers.

Section 508, act June 11, 1906, ch. 3074, Sec. 3, 34 Stat. 234,

provided for entries in Black Hills National Forest subject to

mining laws and to appropriation of waters.

-CITE-

16 USC Sec. 508a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 508a. Omitted

-COD-

CODIFICATION

Section, act Feb. 15, 1927, ch. 152, 44 Stat. 1099, related to

exchange of lands in Black Hills National or Harney National

Forest. See Codification note set out under sections 486a to 486w

of this title.

-CITE-

16 USC Sec. 508b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 508b. National forests in Minnesota; authority to prospect,

develop, mine, remove, and utilize mineral resources

-STATUTE-

Where, through withdrawal or reservation or by statutory

limitation or otherwise, all or any part of the mineral resources

in public-domain lands or lands received in exchange for

public-domain lands or for timber on such lands situated within the

exterior boundaries of the national forests in Minnesota, are not

subject to development or utilization under the mining laws of the

United States or the mineral leasing laws, and for the development

and utilization of which no other statutory authority exists, the

Secretary of the Interior is authorized, under general regulations

to be prescribed by him and upon such terms and for specified

periods or otherwise as he may deem to be for the best interests of

the United States, to permit the prospecting for and the

development and utilization of such mineral resources: Provided,

That the development and utilization of such mineral deposits shall

not be permitted by the Secretary of the Interior except with the

consent of the Secretary of Agriculture. All receipts derived from

permits or leases issued under the authority of this section for

prospecting for and the development and utilization of such mineral

resources shall be paid into the same funds or accounts in the

Treasury and shall be distributed in the same manner as prescribed

for national forest revenue by sections 499 to 501 of this title.

-SOURCE-

(June 30, 1950, ch. 430, 64 Stat. 311.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States and the mineral leasing

laws, referred to in text, are classified generally to Title 30,

Mineral Lands and Mining.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior under this section, with

respect to use and disposal from lands under jurisdiction of

Secretary of Agriculture of those mineral materials which Secretary

of Agriculture is authorized to dispose of from other lands under

his jurisdiction under sections 601 to 604 and 611 to 615 of Title

30, Mineral Lands and Mining, transferred to Secretary of

Agriculture, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205, set

out as a Transfer of Functions note under section 2201 of Title 7,

Agriculture.

-CITE-

16 USC Sec. 509 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 509. Repealed. Pub. L. 87-869, Sec. 4, Oct. 23, 1962, 76 Stat.

1157

-MISC1-

Section, act June 11, 1906, ch. 3074, Sec. 5, 34 Stat. 234,

related to future settlements on lands within reserves and rights

of former bona fide settlers.

-CITE-

16 USC Sec. 510, 510a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 510, 510a. Omitted

-COD-

CODIFICATION

Section 510, act Aug. 8, 1916, ch. 295, 39 Stat. 440, which

applied the provisions of sections 506 to 508 and 509 of this title

to lands within the national forests in Lawrence and Pennington

Counties in South Dakota, was omitted because of the repeal of

sections 506 to 508 and 509 of this title.

Section 510a, act June 13, 1930, ch. 481, 46 Stat. 583,

prohibiting the acceptance of applications for the classification

and listing of lands in the Custer National Forest for homestead

entry with provision for the Secretary of Agriculture to list, in

his discretion, limited tracts when in his opinion such action

would be in the public interest and would not be injurious to other

settlers or users of the national forest, has been omitted in view

of the repeal by Pub. L. 87-869, Sec. 4, Oct. 23, 1962, 76 Stat.

1157, of the provision under which such classification and listing

were carried out.

-CITE-

16 USC Sec. 511 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 511. Reinstatement of entries canceled or relinquished

-STATUTE-

All homestead entries which have been canceled or relinquished,

or are invalid solely because of the erroneous allowance of such

entries after the withdrawal of lands for national-forest purposes,

may be reinstated or allowed to remain intact, but in the case of

entries canceled prior to March 3, 1911, applications for

reinstatement must have been filed in the proper local land office

prior to July 1, 1912.

-SOURCE-

(Mar. 3, 1911, ch. 225, Sec. 1, 36 Stat. 1084.)

-CITE-

16 USC Sec. 512 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 512. Omitted

-COD-

CODIFICATION

Section, acts Mar. 4, 1913, ch. 145, Sec. 1(part), 37 Stat. 842;

Mar. 3, 1925, ch. 462, 43 Stat. 1144; Reorg. Plan No. 3 of 1946,

Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, which

directed the Secretary of Agriculture to select, classify, and

segregate lands within the boundaries of national forests that

might be opened to settlement and entry under the homestead laws

applicable to the national forests, has been omitted in view of the

repeal of the Forest Reserve Homestead Act ''as amended and

supplemented'' by Pub. L. 87-869, Sec. 4, Oct. 23, 1962, 76 Stat.

1157, which had provided the basic framework under which reserved

public domain lands suitable for farming in the national forests

had been made available for homesteading.

-CITE-

16 USC Sec. 513 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 513. Repealed. Pub. L. 94-588, Sec. 17(a)(1), (2), Oct. 22,

1976, 90 Stat. 2961

-MISC1-

Section, acts Mar. 1, 1911, ch. 186, Sec. 4, 5, 36 Stat. 962;

Sept. 21, 1950, ch. 966, 64 Stat. 872, provided for creation and

membership of National Forest Reservation Commission.

-TRANS-

TRANSFER OF FUNCTIONS

Section 17(a)(1) of Pub. L. 94-588 provided in part that all

functions of National Forest Reservation Commission are transferred

to the Secretary of Agriculture.

-CITE-

16 USC Sec. 514 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 514. Repealed. Pub. L. 94-588, Sec. 17(a)(6), Oct. 22, 1976,

90 Stat. 2962

-MISC1-

Section, acts Mar. 1, 1911, ch. 186, Sec. 14, 36 Stat. 963; June

26, 1934, ch. 756, Sec. 2, 48 Stat. 1225, authorized appropriations

for payment of expenses of National Forest Reservation Commission.

-CITE-

16 USC Sec. 515 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 515. Examination, location, and purchase of forested,

cut-over, or denuded lands; consent of State legislature to

acquisition of land by the United States

-STATUTE-

The Secretary of Agriculture is hereby authorized and directed to

examine, locate, and purchase such forested, cut-over, or denuded

lands within the watersheds of navigable streams as in his judgment

may be necessary to the regulation of the flow of navigable streams

or for the production of timber. No deed or other instrument of

conveyance of lands referred to herein shall be accepted or

approved by the Secretary of Agriculture under this Act until the

legislature of the State in which the land lies shall have

consented to the acquisition of such land by the United States for

the purpose of preserving the navigability of navigable streams.

-SOURCE-

(Mar. 1, 1911, ch. 186, Sec. 6, 36 Stat. 962; June 7, 1924, ch.

348, Sec. 6, 43 Stat. 654; Pub. L. 94-588, Sec. 17(a)(3), Oct. 22,

1976, 90 Stat. 2961.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Mar. 1, 1911, ch. 186,

36 Stat. 961, as amended, popularly known as the Weeks Law, which

is classified to sections 480, 500, 513 to 519, 521, 552, and 563

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 552 of this title

and Tables.

-COD-

CODIFICATION

Act Mar. 1, 1911, prior to its amendment, authorized the

Secretary to study lands necessary to the regulation of the flow of

navigable streams. This authority was enlarged by act June 7,

1924, to include in its scope ''lands necessary for the production

of timber''.

-MISC3-

AMENDMENTS

1976 - Pub. L. 94-588 substituted ''The Secretary of Agriculture

is hereby authorized and directed to examine, locate, and purchase

such forested, cut-over, or denuded lands within the watersheds of

navigable streams as in his judgment may be necessary to the

regulation of the flow of navigable streams or for the production

of timber. No deed or other instrument of conveyance of lands

referred to herein shall be accepted or approved by the Secretary

of Agriculture under this Act until the legislature of the State in

which the land lies shall have consented to the acquisition of such

land by the United States for the purpose of preserving the

navigability of navigable streams'' for ''The Secretary of

Agriculture is authorized and directed to examine, locate, and

recommend for purchase such forested, cut-over, or denuded lands

within the watersheds of navigable streams as in his judgment may

be necessary to the regulation of the flow of navigable streams or

for the production of timber and to report to the National Forest

Reservation Commission the results of such examination; but before

any lands are purchased by the commission said lands shall be

examined by the Secretary of Agriculture, in cooperation with the

Director of the Geological Survey, and a report made by them to the

commission showing that the control of such lands by the Federal

Government will promote or protect the navigation of streams or by

the Secretary of Agriculture showing that such control will promote

the production of timber thereon''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 566b, 582, 2103c of this

title.

-CITE-

16 USC Sec. 516 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 516. Exchange of lands in the public interest; equal value;

cutting and removing timber; publication of contemplated

exchange

-STATUTE-

When the public interests will be benefited thereby, the

Secretary of Agriculture is hereby authorized, in his discretion,

to accept on behalf of the United States title to any lands within

the exterior boundaries of national forests which, in his opinion,

are chiefly valuable for the purposes of this Act, and in exchange

therefor to convey by deed not to exceed an equal value of such

national forest land in the same State, or he may authorize the

grantor to cut and remove an equal value of timber within such

national forests in the same State, the values in each case to be

determined by him: Provided, That before any such exchange is

effected notice of the contemplated exchange reciting the lands

involved shall be published once each week for four successive

weeks in some newspaper of general circulation in the county or

counties in which may be situated the lands to be accepted, and in

some like newspaper published in any county in which may be

situated any lands or timber to be given in such exchange. Timber

given in such exchanges shall be cut and removed under the laws and

regulations relating to such national forests, and under the

direction and supervision and in accordance with the requirements

of the Secretary of Agriculture. Lands so accepted by the Secretary

of Agriculture shall, upon acceptance, become parts of the national

forests within whose exterior boundaries they are located, and be

subjected to all provisions of this Act.

-SOURCE-

(Mar. 1, 1911, ch. 186, Sec. 7, 36 Stat. 962; Mar. 3, 1925, ch.

473, 43 Stat. 1215; Pub. L. 94-588, Sec. 17(a)(4), Oct. 22, 1976,

90 Stat. 2961.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Mar. 1, 1911, ch. 186,

36 Stat. 961, as amended, popularly known as the Weeks Law, which

is classified to sections 480, 500, 513 to 519, 521, 552, and 563

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 552 of this title

and Tables.

-MISC2-

AMENDMENTS

1976 - Pub. L. 94-588 substituted ''When the public interests

will be benefited thereby, the Secretary of Agriculture is hereby

authorized, in his discretion, to accept on behalf of the United

States title to any lands within the exterior boundaries of

national forests which, in his opinion, are chiefly valuable for

the purposes of this Act, and in exchange therefor to convey by

deed not to exceed an equal value of such national forest land in

the same State, or he may authorize the grantor to cut and remove

an equal value of timber within such national forests in the same

State, the values in each case to be determined by him: Provided,

That before'' for ''The Secretary of Agriculture is authorized to

purchase, in the name of the United States, such lands as have been

approved for purchase by the National Forest Reservation Commission

at the price or prices fixed by said commission. No deed or other

instrument of conveyance shall be accepted or approved by the

Secretary of Agriculture under this section until the legislature

of the State in which the land lies shall have consented to the

acquisition of such land by the United States for the purpose of

preserving the navigability of navigable streams. With the

approval of the National Forest Reservation Commission as provided

by this section and section 515 of this title, and when the public

interests will be benefited thereby, the Secretary of Agriculture

is authorized, in his discretion, to accept on behalf of the United

States title to any lands within the exterior boundaries of

national forests acquired under said sections which, in his

opinion, are chiefly valuable for the purposes as therein stated,

and in exchange therefor to convey by deed not to exceed an equal

value of such national forest land in the same State, or he may

authorize the grantor to cut and remove an equal value of timber

within such national forests in the same State, the values in each

case to be determined by him. Before''.

1925 - Act Mar. 3, 1925, inserted provisions covering the

exchange of lands.

-CITE-

16 USC Sec. 517 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 517. Title to lands to be acquired

-STATUTE-

The Secretary of Agriculture may do all things necessary to

secure the safe title in the United States to the lands to be

acquired under this Act, but no payment shall be made for any such

lands until the title shall be satisfactory to the Attorney General

or his designee and shall be vested in the United States.

-SOURCE-

(Mar. 1, 1911, ch. 186, Sec. 8(part), 36 Stat. 962; Pub. L. 91-393,

Sec. 3, Sept. 1, 1970, 84 Stat. 835.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Mar. 1, 1911, ch. 186,

36 Stat. 961, as amended, popularly known as the Weeks Law, which

is classified to sections 480, 500, 513 to 519, 521, 552, and 563

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 552 of this title

and Tables.

-COD-

CODIFICATION

Section was amended by act Dec. 11, 1926, ch. 5, 44 Stat. 919.

The amendment added a proviso at the end of this section which is

set out as section 517a of this title.

-MISC3-

AMENDMENTS

1970 - Pub. L. 91-393 inserted ''or his designee'' after

''Attorney General''.

-CITE-

16 USC Sec. 517a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 517a. Payment of awards in condemnation proceedings

-STATUTE-

In condemnation proceedings, heretofore or hereafter prosecuted,

for the acquisition of lands under this Act, in which a decree is

entered vesting title thereto in the United States upon payment of

the award into the registry of the court, the Secretary of

Agriculture is authorized to make such payment when advised by the

Attorney General that the proceedings and the decree are regular.

-SOURCE-

(Mar. 1, 1911, ch. 186, Sec. 8(part), 36 Stat. 962; Dec. 11, 1926,

ch. 5, 44 Stat. 919.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Mar. 1, 1911, ch. 186,

36 Stat. 961, as amended, popularly known as the Weeks Law, which

is classified to sections 480, 500, 513 to 519, 521, 552, and 563

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 552 of this title

and Tables.

-MISC2-

AMENDMENTS

1926 - Act Dec. 11, 1926, amended act Mar. 1, 1911, constituting

section 517 of this title, by inserting text of this section as a

proviso thereof.

-CITE-

16 USC Sec. 518 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 518. Acquisition of lands not defeated by rights-of-way,

easements, and reservations

-STATUTE-

Such acquisition by the United States shall in no case be

defeated because of located or defined rights of way, easements,

and reservations, which, from their nature will, in the opinion of

the Secretary of Agriculture, in no manner interfere with the use

of the lands so encumbered, for the purposes of this Act. Such

rights of way, easements, and reservations retained by the owner

from whom the United States receives title, shall be subject to the

rules and regulations prescribed by the Secretary of Agriculture

for their occupation, use, operation, protection, and

administration, and such rules and regulations shall be expressed

in and made part of the written instrument conveying title to the

lands to the United States; and the use, occupation, and operation

of such rights of way, easements, and reservations shall be under,

subject to, and in obedience with the rules and regulations so

expressed.

-SOURCE-

(Mar. 1, 1911, ch. 186, Sec. 9, 36 Stat. 962; Mar. 4, 1913, ch.

145, Sec. 1(part), 37 Stat. 855; Pub. L. 94-588, Sec. 17(a)(5),

Oct. 22, 1976, 90 Stat. 2962.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Mar. 1, 1911, ch. 186,

36 Stat. 961, as amended, popularly known as the Weeks Law, which

is classified to sections 480, 500, 513 to 519, 521, 552, and 563

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 552 of this title

and Tables.

-MISC2-

AMENDMENTS

1976 - Pub. L. 94-588 struck out ''the National Forest

Reservation Commission and'' after ''in the opinion of''.

1913 - Act Mar. 4, 1913, amended act Mar. 1, 1911, generally to

provide that acquisition of lands under this section would not be

defeated by rights of way, easements, and reservations retained by

the owner from whom title is received.

-CITE-

16 USC Sec. 519 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 519. Agricultural lands included in tracts acquired; sale for

homesteads

-STATUTE-

Inasmuch as small areas of land chiefly valuable for agriculture

may of necessity or by inadvertence be included in tracts acquired

under this Act, the Secretary of Agriculture may, in his

discretion, and he is authorized, upon application or otherwise, to

examine and ascertain the location and extent of such areas as in

his opinion may be occupied for agricultural purposes without

injury to the forests or to stream flow and which are not needed

for public purposes, and may list and describe the same by metes

and bounds, or otherwise, and offer them for sale as homesteads at

their true value, to be fixed by him, to actual settlers, in tracts

not exceeding eighty acres, in area, under such rules and

regulations as he may prescribe; and in case of such sale the

jurisdiction over the lands sold shall, ipso facto, revert to the

State in which the lands sold lie. And no right, title, interest,

or claim in or to any lands acquired under this Act, or the waters

thereon, or the products, resources, or use thereof after such

lands shall have been so acquired, shall be initiated or perfected,

except as in this section provided.

-SOURCE-

(Mar. 1, 1911, ch. 186, Sec. 10, 36 Stat. 962; Pub. L. 86-509, Sec.

1(k), June 11, 1960, 74 Stat. 205.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Mar. 1, 1911, ch. 186,

36 Stat. 961, as amended, popularly known as the Weeks Law, which

is classified to sections 480, 500, 513 to 519, 521, 552, and 563

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 552 of this title

and Tables.

-COD-

CODIFICATION

''Such rules and regulations as he may prescribe'' was

substituted for ''such joint rules and regulations as the Secretary

of Agriculture and the Secretary of the Interior may prescribe'' in

view of the transfer of functions under this section to the

Secretary of Agriculture from the Secretary of the Interior by

section 1(k) of Pub. L. 86-509, set out as a note under section

2201 of Title 7, Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 521 of this title.

-CITE-

16 USC Sec. 519a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 519a. Transfer of forest reservation lands for military

purposes

-STATUTE-

If any of the lands purchased or to be purchased by the United

States under the provisions of the Act approved March 1, 1911, as

amended, within the limits of townships 1, 2, and 3 north, ranges

9, 10, 11, 12, and 13, in Forest and Perry Counties, State of

Mississippi, are determined to be chiefly valuable and necessary

for a National Guard encampment and related military purposes, the

Secretary of Agriculture may, and he is, authorized to convey full

title to said lands to the State of Mississippi or the Department

of the Army: Provided, That there is paid into the Treasury of the

United States, or made available by transfer on the books of said

Treasury, sums of money equal to the full amounts expended by the

Department of Agriculture for the purchase of said lands, and the

money so paid into or transferred on the books of the Treasury

shall be available for expenditure by the Secretary of Agriculture

for the purchase of other lands under the provisions of said Act of

March 1, 1911, as amended.

-SOURCE-

(Mar. 2, 1935, ch. 21, 49 Stat. 37; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

Act approved March 1, 1911, as amended, referred to in text,

means act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended,

popularly known as the Weeks Law, which is classified to sections

480, 500, 513 to 519, 521, 552, and 563 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 552 of this title and Tables.

-COD-

CODIFICATION

The words ''with the consent and approval of the National Forest

Reservation Commission established by section 4 of said Act of

March 1, 1911 (16 U.S.C. 513)'', which appeared immediately

following the first reference to the Secretary of Agriculture, have

been omitted as obsolete. Section 4 of the 1911 Act was repealed,

and all functions of the National Forest Reservation Commission

were transferred to the Secretary of Agriculture, by section

17(a)(1) of Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2961.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-CITE-

16 USC Sec. 520 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 520. Regulations as to mineral resources

-STATUTE-

The Secretary of Agriculture is authorized, under general

regulations to be prescribed by him, to permit the prospecting,

development, and utilization of the mineral resources of the lands

acquired under the Act of March first, nineteen hundred and eleven,

known as the Weeks law, upon such terms and for specified periods

or otherwise, as he may deem to be for the best interests of the

United States; and all moneys received on account of charges, if

any, made under this Act shall be disposed of as is provided by

existing law for the disposition of receipts from national forests.

-SOURCE-

(Mar. 4, 1917, ch. 179, 39 Stat. 1150; 1946 Reorg. Plan No. 3, Sec.

402, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1099; Pub. L.

86-509, Sec. 1(l), June 11, 1960, 74 Stat. 205.)

-REFTEXT-

REFERENCES IN TEXT

The Act of March first, nineteen hundred and eleven, known as the

Weeks Law, referred to in text, means act Mar. 1, 1911, ch. 186, 36

Stat. 961, as amended, which is classified to sections 480, 500,

513 to 519, 521, 552, and 563 of this title. For complete

classification of the Act to the Code, see Short Title note set out

under section 552 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Agriculture with respect to uses of

mineral deposits under this section transferred to Secretary of the

Interior by section 402 of Reorg. Plan No. 3 of 1946, set out in

the Appendix to Title 5, Government Organization and Employees,

which provided that mineral development on such lands shall be

authorized by Secretary of the Interior only when he is advised by

Secretary of Agriculture that such development will not interfere

with purposes for which land was acquired and only in accordance

with such conditions as may be specified by Secretary of

Agriculture in order to protect such purposes.

For provisions concerning crediting and distribution of revenues

and access to title records, see text of Reorg. Plan No. 3 of 1946.

Functions of Secretary of the Interior under section 402 of

Reorg. Plan No. 3 of 1946, with respect to use and disposal from

lands under jurisdiction of Secretary of Agriculture of those

mineral materials which Secretary of Agriculture is authorized to

dispose of from other lands under his jurisdiction under sections

601 to 604 and 611 to 615 of Title 30, Mineral Lands and Mining,

transferred to Secretary of Agriculture, see Pub. L. 86-509, June

11, 1960, 74 Stat. 205, set out as a note under section 2201 of

Title 7, Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 539a of this title; title

30 section 355.

-CITE-

16 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521. Lands acquired to be reserved, held, and administered as

national forest lands; designation

-STATUTE-

Subject to the provisions of section 519 of this title the lands

acquired under this Act shall be permanently reserved, held, and

administered as national forest lands under the provisions of

section 471 (FOOTNOTE 1) of this title and acts supplemental to and

amendatory thereof. And the Secretary of Agriculture may from time

to time divide the lands acquired under this Act into such specific

national forests and so designate the same as he may deem best for

administrative purposes.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Mar. 1, 1911, ch. 186, Sec. 11, 36 Stat. 963.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Mar. 1, 1911, ch. 186,

36 Stat. 961, as amended, popularly known as the Weeks Law, which

is classified to sections 480, 500, 513 to 519, 521, 552, and 563

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 552 of this title

and Tables.

Section 471 of this title, referred to in text, was in the

original a reference to section 24 of act Mar. 3, 1891, ch. 561, 26

Stat. 1103, and was repealed by Pub. L. 94-579, title VII, Sec.

704(a), Oct. 21, 1976, 90 Stat. 2792.

-CITE-

16 USC Sec. 521a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521a. Administration, management, and consolidation of certain

lands

-STATUTE-

In order to facilitate the administration, management, and

consolidation of the national forests, all lands of the United

States within the exterior boundaries of national forests which

were or hereafter are acquired for or in connection with the

national forests or transferred to the Forest Service, Department

of Agriculture, for administration and protection substantially in

accordance with national forest regulations, policies, and

procedures, excepting (a) lands reserved from the public domain or

acquired pursuant to laws authorizing the exchange of land or

timber reserved from or part of the public domain, and (b) lands

within the official limits of towns or cities, notwithstanding the

provisions of any other Act, are made subject to the Weeks Act of

March 1, 1911 (36 Stat. 961), as amended, and to all laws, rules,

and regulations applicable to national forest lands acquired

thereunder: Provided, That nothing in this section shall be

construed as (1) affecting the status of lands administered by the

Secretary of Agriculture under the Act of June 24, 1954 (68 Stat.

270), and which are revested Oregon and California Railroad grant

lands, administered as national forest lands, or (2) changing the

disposition of revenues from or authorizing the exchange of the

lands, or the timber thereon, described in the Act of February 11,

1920 (ch. 69, 41 Stat. 405), the Act of September 22, 1922 (ch.

407, 42 Stat. 1019), and the Act of June 4, 1936 (ch. 494, 49 Stat.

1460).

-SOURCE-

(Pub. L. 85-862, Sept. 2, 1958, 72 Stat. 1571.)

-REFTEXT-

REFERENCES IN TEXT

The Weeks Act of March 1, 1911, referred to in text, is act Mar.

1, 1911, ch. 186, 36 Stat. 961, as amended, which is classified to

sections 480, 500, 513 to 519, 521, 552, and 563 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 552 of this title and Tables.

Act June 24, 1954, referred to in text, is classified to sections

1181f and 1181g to 1181j of Title 43, Public Lands.

Act February 11, 1920, referred to in text, related to exchanges

of lands in or adjacent to Siuslaw National Forest and was not

classified to the Code. See Codification note set out under

sections 486a to 486w of this title.

Act September 22, 1922, referred to in text, is classified to

section 487 of this title.

Act June 4, 1936, referred to in text, is classified to section

487a of this title.

-CITE-

16 USC Sec. 521b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521b. Report of Secretary of Agriculture prior to purchase or

exchange of land; contents; waiting period

-STATUTE-

For purposes of providing information that will aid the Congress

in its oversight responsibilities and improve the accountability of

expenditures for the acquisition of forest land, the Secretary of

Agriculture may not hereafter enter into any land purchase or

exchange relating to the National Forest System of $150,000 or more

for the types of lands which have been heretofore approved by the

National Forest Reservation Commission until after 30 days from the

date upon which a detailed report of the facts concerning such

proposed purchase or transfer is submitted to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate or such earlier

time as may be approved by both such committees. Such report shall

contain at least the following:

(1) guidelines utilized by the Secretary in determining that

the land should be acquired;

(2) the location and size of the land;

(3) the purchase price of the land and the criteria used by the

Secretary in determining such price;

(4) the person from whom the land is being acquired; and

(5) any adjustment made by the Secretary of relative value

pursuant to section 1716(f)(2)(B)(ii) of title 43.

-SOURCE-

(Pub. L. 94-588, Sec. 17(b), Oct. 22, 1976, 90 Stat. 2962; Pub. L.

100-409, Sec. 6, Aug. 20, 1988, 102 Stat. 1090; Pub. L. 103-437,

Sec. 6(r), Nov. 2, 1994, 108 Stat. 4587.)

-REFTEXT-

REFERENCES IN TEXT

The National Forest Reservation Commission, referred to in text,

was abolished and the functions thereof were transferred to the

Secretary of Agriculture by section 17(a)(1) of Pub. L. 94-588,

Oct. 22, 1976, 90 Stat. 2961.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-437 in introductory provisions substituted

''Agriculture, Nutrition, and Forestry of the Senate'' for

''Agriculture and Forestry of the Senate''.

1988 - Pub. L. 100-409 substituted ''$150,000'' for ''$25,000''

in introductory provisions and added par. (5).

-CITE-

16 USC Sec. 521c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521c. Definitions

-STATUTE-

For purposes of sections 521c to 521i of this title -

(1) the term ''person'' includes any State or any political

subdivision or entity thereof;

(2) the term ''interchange'' means a land transfer in which the

Secretary and another person exchange titles to lands or

interests in lands of approximately equal value where the

Secretary finds that such a value determination can be made

without a formal appraisal and under such regulations as the

Secretary may prescribe; and

(3) the term ''Secretary'' means the Secretary of Agriculture

of the United States.

-SOURCE-

(Pub. L. 97-465, Sec. 1, Jan. 12, 1983, 96 Stat. 2535.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521e, 521f, 521g, 521h,

521i, 698v-7, of this title; title 43 section 1716.

-CITE-

16 USC Sec. 521d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521d. Sale, exchange, or interchange of National Forest System

land

-STATUTE-

The Secretary is authorized, when the Secretary determines it to

be in the public interest -

(1) to sell, exchange, or interchange by quitclaim deed, all

right, title, and interest, including the mineral estate, of the

United States in and to National Forest System lands described in

section 521e of this title; and

(2) to accept as consideration for the lands sold, exchanged,

or interchanged other lands, interests in lands, or cash payment,

or any combination of such forms of consideration, which, in the

case of conveyance by sale or exchange, is at least equal in

value, including the mineral estate, or, in the case of

conveyance by interchange, is of approximately equal value,

including the mineral estate, to the lands being conveyed by the

Secretary. The Secretary shall insert in any such quitclaim deed

such terms, convenants, (FOOTNOTE 1) conditions, and reservations

as the Secretary deems necessary to ensure protection of the

public interest, including protection of the scenic, wildlife,

and recreation values of the National Forest System and provision

for appropriate public access to and use of lands within the

System. The preceding sentence shall not be applicable to deeds

issued by the Secretary to lands outside the boundary of units of

the National Forest System.

(FOOTNOTE 1) So in original. Probably should be ''covenants,''.

-SOURCE-

(Pub. L. 97-465, Sec. 2, Jan. 12, 1983, 96 Stat. 2535.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 698v-7 of this title.

-CITE-

16 USC Sec. 521e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521e. Small parcels and road rights-of-way

-STATUTE-

The National Forest System lands which may be sold, exchanged, or

interchanged under sections 521c to 521i of this title are those

the sale or exchange of which is not practicable under any other

authority of the Secretary, which have a value as determined by the

Secretary of not more than $150,000, and which are -

(1) parcels of forty acres or less which are interspersed with

or adjacent to lands which have been transferred out of Federal

ownership under the mining laws and which are determined by the

Secretary, because of location or size, not to be subject to

efficient administration;

(2) parcels of ten acres or less which are encroached upon by

improvements occupied or used under claim or color of title by

persons to whom no advance notice was given that the improvements

encroached or would encroach upon such parcels, and who in good

faith relied upon an erroneous survey, title search, or other

land description indicating that there was not such encroachment;

or

(3) road rights-of-way, reserved or acquired, which are

substantially surrounded by lands not owned by the United States

and which are no longer needed by the United States, subject to

the first right of abutting landowners to acquire such

rights-of-way.

-SOURCE-

(Pub. L. 97-465, Sec. 3, Jan. 12, 1983, 96 Stat. 2535.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521d, 521h, 698v-7 of

this title.

-CITE-

16 USC Sec. 521f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521f. Costs of conveyance and value of improvements

-STATUTE-

Any person to whom lands are conveyed under sections 521c to 521i

of this title shall bear all reasonable costs of administration,

survey, and appraisal incidental to such conveyance, as determined

by the Secretary. In determining the value of any lands or interest

in lands to be conveyed under sections 521c to 521i of this title,

the Secretary may, in those cases in which the Secretary determines

it would be in the public interest, exclude from such determination

the value of any improvements to the lands made by any person other

than the Government. In the case of road rights-of-way conveyed

under sections 521c to 521i of this title, the person to whom the

right-of-way is conveyed shall reimburse the United States for the

value of any improvements to such right-of-way which may have been

made by the United States. The Secretary may, in those cases in

which the Secretary determines that it would be in the public

interest, waive payment by any person of costs incidental to any

conveyance authorized by sections 521c to 521i of this title or

reimbursement by any person for the value of improvements to

rights-of-way otherwise required by this section.

-SOURCE-

(Pub. L. 97-465, Sec. 4, Jan. 12, 1983, 96 Stat. 2536.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 698v-7 of this title.

-CITE-

16 USC Sec. 521g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521g. Road rights-of-way subject to State or local law

-STATUTE-

Conveyance of any road rights-of-way under sections 521c to 521i

of this title shall not be construed as permitting any designation,

maintenance, or use of such rights-of-way for road or other

purposes except to the extent permitted by State or local law and

under conditions imposed by such law.

-SOURCE-

(Pub. L. 97-465, Sec. 5, Jan. 12, 1983, 96 Stat. 2536.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 698v-7 of this title.

-CITE-

16 USC Sec. 521h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521h. Regulations; contents

-STATUTE-

The Secretary shall issue regulations to carry out the provisions

of sections 521c to 521i of this title, including specification of

-

(1) criteria which shall be used in making the determination as

to what constitutes the public interest;

(2) the definition of and the procedure for determining

''approximately equal value''; and

(3) factors relating to location or size which shall be

considered in connection with determining the lands to be sold,

exchanged, or interchanged under clause (1) of section 521e of

this title.

-SOURCE-

(Pub. L. 97-465, Sec. 6, Jan. 12, 1983, 96 Stat. 2536.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 698v-7 of this title.

-CITE-

16 USC Sec. 521i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 521i. Unaffected lands

-STATUTE-

Nothing in sections 521c to 521i of this title shall authorize

conveyance of Federal lands within the National Wilderness

Preservation System, National Wild and Scenic Rivers System,

National Trails System, or National Monuments. Nothing in sections

521c to 521i of this title shall authorize sale of Federal lands,

within National Recreation Areas.

-SOURCE-

(Pub. L. 97-465, Sec. 7, Jan. 12, 1983, 96 Stat. 2536.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521c, 521e, 521f, 521g,

521h, 698v-7 of this title; title 43 section 1716.

-CITE-

16 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 522. Omitted

-COD-

CODIFICATION

Section, acts Feb. 15, 1901, ch. 372, 31 Stat. 790; Feb. 1, 1905,

ch. 288, Sec. 1, 33 Stat. 628, insofar as it relates to

rights-of-way through public lands, forests, and reservations, and

the Yosemite, Sequoia, and General Grant National Parks is set out

as section 79 of this title and section 959 of Title 43, Public

Lands, and insofar as it related to rights-of-way through national

forests was set out as this section. Pub. L. 94-579, title VII,

Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after

Oct. 21, 1976, repealed this section insofar as applicable to the

issuance of rights-of-way over, upon, under, and through the public

lands and lands in the National Forest System.

-CITE-

16 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 523. Rights-of-way through national forests for power and

communications facilities

-STATUTE-

The head of the department having jurisdiction over the lands is

authorized and empowered, under general regulations to be fixed by

him, to grant an easement for rights-of-way, for a period not

exceeding fifty years from the date of the issuance of such grant,

over, across, and upon the national forests of the United States

for electrical poles and lines for the transmission and

distribution of electrical power, and for poles and lines for

communication purposes, and for radio, television, and other forms

of communication transmitting, relay, and receiving structures and

facilities, to the extent of two hundred feet on each side of the

center line of such lines and poles and not to exceed four hundred

feet by four hundred feet for radio, television, and other forms of

communication transmitting, relay, and receiving structures and

facilities, to any citizen, association, or corporation of the

United States, where it is intended by such to exercise the

right-of-way herein granted for any one or more of the purposes

herein named: Provided, That such right-of-way shall be allowed

within or through any national forest only upon the approval of the

chief officer of the department under whose supervision or control

such national forest falls, and upon a finding by him that the same

is not incompatible with the public interest: Provided further,

That all or any part of such right-of-way may be forfeited and

annulled by declaration of the head of the department having

jurisdiction over the lands for nonuse for a period of two years or

for abandonment.

Any citizen, association, or corporation of the United States to

whom there has been issued a permit prior to March 4, 1911, for any

of the purposes specified herein under any law existing at that

date, may obtain the benefit of this section upon the same terms

and conditions as shall be required of citizens, associations, or

corporations making application under the provisions of this

section subsequent to said date.

-SOURCE-

(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66

Stat. 95.)

-STATAMEND-

REPEALS

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a),

Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21,

1976, insofar as applicable to the issuance of rights-of-way

over, upon, under, and through the public lands and lands in the

National Forest System.

-COD-

CODIFICATION

Section, insofar as it relates to rights-of-way in national

parks, military, and other reservations, is set out as sections 5

and 420 of this title, and insofar as it relates to rights-of-way

on public lands generally, and Indian reservations, is set out as

section 961 of Title 43, Public Lands.

-MISC3-

AMENDMENTS

1952 - Act May 27, 1952, inserted reference to rights-of-way for

radio, television, and other forms of communication, and increased

from 40 feet to 400 feet the maximum width of rights-of-way for

lines and poles.

SAVINGS PROVISION

Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,

90 Stat. 2793, insofar as applicable to the issuance of

rights-of-way, not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see note set out

under section 1701 of Title 43, Public Lands.

-CITE-

16 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 524. Rights-of-way for dams, reservoirs, or water plants for

municipal, mining, and milling purposes

-STATUTE-

Rights-of-way for the construction and maintenance of dams,

reservoirs, water plants, ditches, flumes, pipes, tunnels, and

canals, within and across the national forests of the United

States, are granted to citizens and corporations of the United

States for municipal or mining purposes, and for the purposes of

the milling and reduction of ores, during the period of their

beneficial use, under such rules and regulations as may be

prescribed by the Secretary of the Interior, and subject to the

laws of the State or Territory in which said forests are

respectively situated.

-SOURCE-

(Feb. 1, 1905, ch. 288, Sec. 4, 33 Stat. 628.)

-STATAMEND-

REPEALS

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a),

Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21,

1976, insofar as applicable to the issuance of rights-of-way

over, upon, under, and through the public lands and lands in the

National Forest System.

-COD-

CODIFICATION

''National forests'' and ''forests'' substituted in text for

''forest reserves'' and ''reserves'', respectively, on authority of

act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that

forest reserves shall hereafter be known as national forests.

-MISC3-

SAVINGS PROVISION

Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,

90 Stat. 2793, insofar as applicable to the issuance of

rights-of-way, not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see note set out

under section 1701 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 421c.

-CITE-

16 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 525. Rights-of-way for wagon roads or railroads

-STATUTE-

In the form provided by existing law the Secretary of the

Interior may file and approve surveys and plats of any right of way

for a wagon road, railroad, or other highway over and across any

national forest when in his judgment the public interests will not

be injuriously affected thereby.

-SOURCE-

(Mar. 3, 1899, ch. 427, Sec. 1, 30 Stat. 1233.)

-STATAMEND-

REPEALS

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a),

Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21,

1976, insofar as applicable to the issuance of rights-of-way

over, upon, under, and through the public lands and lands in the

National Forest System.

-COD-

CODIFICATION

As originally enacted, this section contained following the word

''forest'' the words ''or reservoir site''. See sections 665 and

958 of Title 43, Public Lands, which represent the phase of the

section here omitted.

''National forest'' substituted in text for ''forest reserve'' on

authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which

provided that forest reserves shall hereafter be known as national

forests.

-MISC3-

SAVINGS PROVISION

Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,

90 Stat. 2793, insofar as applicable to the issuance of

rights-of-way, not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see note set out

under section 1701 of Title 43, Public Lands.

-CITE-

16 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 526. Establishment and protection of water rights

-STATUTE-

There are authorized to be appropriated for expenditure by the

Forest Service such sums as may be necessary for the investigation

and establishment of water rights, including the purchase thereof

or of lands or interests in lands or rights-of-way for use and

protection of water rights necessary or beneficial in connection

with the administration and public use of the national forests.

-SOURCE-

(Sept. 21, 1944, ch. 412, title II, Sec. 213, 58 Stat. 737.)

-COD-

CODIFICATION

This section was enacted as a part of the Department of

Agriculture Organic Act of 1944.

-MISC3-

INTERIM MORATORIUM ON BYPASS FLOWS

Pub. L. 104-127, title III, Sec. 389, Apr. 4, 1996, 110 Stat.

1021, as amended by Pub. L. 104-180, title VII, Sec. 736, Aug. 6,

1996, 110 Stat. 1607, provided that:

''(a) Moratorium. - There shall be a 20-month moratorium on any

Forest Service decision to require bypass flows or any other

relinquishment of the unimpaired use of a decreed water right as a

condition of renewal or reissuance of a land use authorization

permit.

''(b) Limitations. - Subsection (a) shall not affect -

''(1) obligations or authority of the Secretary of Agriculture

to protect public health and safety; and

''(2) obligations or authority under the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq.), or applicable State law.

''(c) Rules of Construction. -

''(1) Existing non-federal water rights. - Nothing in this

section prevents or inhibits the exercise of the use and

operation of existing non-Federal water rights on or above the

National Forest land that require land use authorization permits

from the Forest Service to access water supply facilities.

''(2) Renewal or reissuance of expiring land use authorization

for decreed water rights. - Nothing in this section prevents or

inhibits the renewal or reissuance of expiring land use

authorizations for decreed water rights. The Forest Service may

extend, as needed, any expiring land use authorization for such

time as is necessary to incorporate the results of the study

authorized by subsection (d).

''(d) Study of Water Rights Across Federal Lands. -

''(1) Establishment. - Not later than 60 days after the date of

enactment of this Act (Apr. 4, 1996), there shall be established

a Water Rights Task Force to study the subjects described in

paragraph (3).

''(2) Membership. - The Task Force shall be composed of 7

members appointed as follows:

''(A) 1 member shall be appointed by the Secretary of

Agriculture.

''(B) 2 members shall be appointed by the Speaker of the

House of Representatives and 1 member shall be appointed by the

Minority Leader of the House of Representatives.

''(C) 2 members shall be appointed by the Majority Leader of

the Senate and 1 member shall be appointed by the Minority

Leader of the Senate.

''(3) Subjects to be studied. - The Task Force shall study and

make recommendations on -

''(A) whether Federal water rights should be acquired for

environmental protection on National Forest land;

''(B) measures necessary to protect the free exercise of

non-Federal water rights requiring easements and permits from

the Forest Service;

''(C) the protection of minimum instream flows for

environmental and watershed management purposes on National

Forest land through purchases or exchanges from willing sellers

in accordance with State law;

''(D) the effects of any of the recommendations made under

this paragraph on existing State laws, regulations, and customs

of water usage; and

''(E) measures that would be useful in avoiding or resolving

conflicts between the Forest Service's responsibilities for

natural resource and environmental protection, the public

interest, and the property rights and interests of water

holders with special use permits for water facilities,

including the study of the Federal acquisition of water rights,

dispute resolution, mitigation, and compensation.

''(4) Final report. - As soon as practicable, but not later

than 14 months, after the date of enactment of this Act (Apr. 4,

1996), the Task Force shall provide the final report of the Task

Force to -

''(A) the Secretary of Agriculture;

''(B) the Speaker of the House of Representatives;

''(C) the President pro tempore of the Senate;

''(D) the Chairman of the Committee on Agriculture of the

House of Representatives;

''(E) the Chairman of the Committee on Agriculture,

Nutrition, and Forestry of the Senate;

''(F) the Chairman of the Committee on Resources of the House

of Representatives; and

''(G) the Chairman of the Committee on Energy and Natural

Resources of the Senate.

''(5) Authorization of funds. - The Secretary of Agriculture

shall use funds made available for salaries and administrative

expenses of the Department of Agriculture to carry out this

subsection.

''(e) Extension for Delay. - There shall be a day-for-day

extension to the 20-month moratorium required by subsection (a) and

a day-for-day extension to the report required by subsection (d)(4)

-

''(1) for every day of delay in implementing or establishing

the Water Rights Task Force caused by a failure to nominate Task

Force members by the Administration or by the Congress; or

''(2) for every day of delay caused by a failure by the

Secretary of Agriculture to identify adequate resources as

determined by the Secretary of Agriculture to carry out the

purposes of the Task Force.''

-CITE-

16 USC Sec. 527 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 527. Use of Forest Service funds for administration of certain

lands

-STATUTE-

The Forest Service may expend funds available for national forest

protection and management for the administration of lands under

contract for purchase or for the acquisition of which condemnation

proceedings have been instituted under the Act of March 1, 1911,

and the Act of June 7, 1924, and lands transferred to the Forest

Service for administration.

-SOURCE-

(Sept. 21, 1944, ch. 412, title II, Sec. 211, 58 Stat. 737.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 1, 1911, referred to in text, is act Mar. 1, 1911,

ch. 186, 36 Stat. 961, as amended, popularly known as the Weeks

Law, which is classified to sections 480, 500, 513 to 519, 521,

552, and 563 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 552 of

this title and Tables.

Act of June 7, 1924, referred to in text, is act June 7, 1924,

ch. 348, 43 Stat. 653, which is classified to sections 471, 499,

505, 515, 564, 565, 566, 567, 568, 569, and 570 of this title. For

complete classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

This section was enacted as a part of the Department of

Agriculture Organic Act of 1944.

-CITE-

16 USC Sec. 528 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 528. Development and administration of renewable surface

resources for multiple use and sustained yield of products and

services; Congressional declaration of policy and purpose

-STATUTE-

It is the policy of the Congress that the national forests are

established and shall be administered for outdoor recreation,

range, timber, watershed, and wildlife and fish purposes. The

purposes of sections 528 to 531 of this title are declared to be

supplemental to, but not in derogation of, the purposes for which

the national forests were established as set forth in section 475

of this title. Nothing herein shall be construed as affecting the

jurisdiction or responsibilities of the several States with respect

to wildlife and fish on the national forests. Nothing herein shall

be construed so as to affect the use or administration of the

mineral resources of national forest lands or to affect the use or

administration of Federal lands not within national forests.

-SOURCE-

(Pub. L. 86-517, Sec. 1, June 12, 1960, 74 Stat. 215.)

-MISC1-

SHORT TITLE

Section 5 of Pub. L. 86-517, as added Pub. L. 94-588, Sec. 19,

Oct. 22, 1976, 90 Stat. 2962, provided that: ''This Act (enacting

this section and sections 529 to 531 of this title) may be cited as

the 'Multiple-Use Sustained-Yield Act of 1960'.''

PILOT PROGRAM OF CHARGES AND FEES FOR HARVEST OF FOREST BOTANICAL

PRODUCTS

Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title III, Sec. 339),

Nov. 29, 1999, 113 Stat. 1535, 1501A-199, provided that:

''(a) Definition of Forest Botanical Product. - For purposes of

this section, the term 'forest botanical product' means any

naturally occurring mushrooms, fungi, flowers, seeds, roots, bark,

leaves, and other vegetation (or portion thereof) that grow on

National Forest System lands. The term does not include trees,

except as provided in regulations issued under this section by the

Secretary of Agriculture.

''(b) Recovery of Fair Market Value for Products. - The Secretary

of Agriculture shall develop and implement a pilot program to

charge and collect not less than the fair market value for forest

botanical products harvested on National Forest System lands. The

Secretary shall establish appraisal methods and bidding procedures

to ensure that the amounts collected for forest botanical products

are not less than fair market value.

''(c) Fees. -

''(1) Imposition and collection. - Under the pilot program, the

Secretary of Agriculture shall also charge and collect fees from

persons who harvest forest botanical products on National Forest

System lands to recover all costs to the Department of

Agriculture associated with the granting, modifying, or

monitoring the authorization for harvest of the forest botanical

products, including the costs of any environmental or other

analysis.

''(2) Security. - The Secretary 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.

''(d) Sustainable Harvest Levels for Forest Botanical Products. -

The Secretary of Agriculture shall conduct appropriate analyses to

determine whether and how the harvest of forest botanical products

on National Forest System lands can be conducted on a sustainable

basis. The Secretary may not permit under the pilot program the

harvest of forest botanical products at levels in excess of

sustainable harvest levels, as defined pursuant to the Multiple-Use

Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). The Secretary

shall establish procedures and timeframes to monitor and revise the

harvest levels established for forest botanical products.

''(e) Waiver Authority. -

''(1) Personal use. - The Secretary of Agriculture 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).

''(2) Other exceptions. - The Secretary may also waive the

application of subsection (b) or (c) pursuant to such regulations

as the Secretary may prescribe.

''(f) Deposit and Use of Funds. -

''(1) Deposit. - Funds collected under the pilot program in

accordance with subsections (b) and (c) shall be deposited into a

special account in the Treasury of the United States.

''(2) Funds available. - Funds deposited into the special

account in accordance with paragraph (1) in excess of the amounts

collected for forest botanical products during fiscal year 1999

shall be available for expenditure by the Secretary of

Agriculture under paragraph (3) without further appropriation,

and shall remain available for expenditure until the date

specified in subsection (h)(2).

''(3) Authorized uses. - 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 pilot program to pay for -

''(A) in the case of funds collected under subsection (b),

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 vegetation;

and

''(B) in the case of fees collected under subsection (c), the

costs described in paragraph (1) of such subsection.

''(4) Treatment of fees. - Funds collected under subsections

(b) and (c) shall not be taken into account for the purposes of

the following laws:

''(A) The sixth paragraph under the heading 'forest service'

in the Act of May 23, 1908 (16 U.S.C. 500) and section 13 of

the Act of March 1, 1911 (commonly known as the Weeks Act; 16

U.S.C. 500).

''(B) The fourteenth paragraph under the heading 'forest

service' in the Act of March 4, 1913 (16 U.S.C. 501).

''(C) Section 33 of the Bankhead-Jones Farm Tenant Act (7

U.S.C. 1012).

''(D) The Act of August 8 (28), 1937, and the Act of May 24,

1939 (43 U.S.C. 1181a et seq.).

''(E) Section 6 of the Act of June 14, 1926 (commonly known

as the Recreation and Public Purposes Act; 43 U.S.C. 869-4).

''(F) Chapter 69 of title 31, United States Code.

''(G) Section 401 of the Act of June 15, 1935 (16 U.S.C.

715s).

''(H) Section 4 of the Land and Water Conservation Fund Act

of 1965 (16 U.S.C. 460l-6a).

''(I) Any other provision of law relating to revenue

allocation.

''(g) Reporting Requirements. - As soon as practicable after the

end of each fiscal year in which the Secretary of Agriculture

collects charges and fees under subsections (b) and (c) or expends

funds from the special account under subsection (f), the Secretary

shall submit to the Congress a report summarizing the activities of

the Secretary under the pilot program, including the funds

generated under subsections (b) and (c), the expenses incurred to

carry out the pilot program, and the expenditures made from the

special account during that fiscal year.

''(h) Duration of Pilot Program. -

''(1) Charges and fees. - The Secretary of Agriculture may

collect charges and fees under the authority of subsections (b)

and (c) only during fiscal years 2000 through 2004.

''(2) Use of special account. - The Secretary may make

expenditures from the special account under subsection (f) until

September 30 of the fiscal year following the last fiscal year

specified in paragraph (1). After that date, amounts remaining in

the special account shall be transferred to the general fund of

the Treasury.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Multiple-Use Sustained-Yield Act of 1960 is referred to in

sections 472a, 670h, 698v-1, 1133, 1600, 1602, 1604, 1607 of this

title; title 30 section 1272.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 529, 530, 531 of this

title.

-CITE-

16 USC Sec. 529 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 529. Authorization of development and administration

consideration to relative values of resources; areas of

wilderness

-STATUTE-

The Secretary of Agriculture is authorized and directed to

develop and administer the renewable surface resources of the

national forests for multiple use and sustained yield of the

several products and services obtained therefrom. In the

administration of the national forests due consideration shall be

given to the relative values of the various resources in particular

areas. The establishment and maintenance of areas of wilderness

are consistent with the purposes and provisions of sections 528 to

531 of this title.

-SOURCE-

(Pub. L. 86-517, Sec. 2, June 12, 1960, 74 Stat. 215.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with provisions of sections 528 to 531 of this title

with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas transferred to Federal Inspector, Office of Federal Inspector

for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(f),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July

1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 528, 530, 531 of this

title.

-CITE-

16 USC Sec. 530 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 530. Cooperation for purposes of development and

administration with State and local governmental agencies and

others

-STATUTE-

In the effectuation of sections 528 to 531 of this title the

Secretary of Agriculture is authorized to cooperate with interested

State and local governmental agencies and others in the development

and management of the national forests.

-SOURCE-

(Pub. L. 86-517, Sec. 3, June 12, 1960, 74 Stat. 215.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with the provisions of sections 528 to 531 of this title

with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas were transferred to the Federal Inspector, Office of Federal

Inspector for the Alaska Natural Gas Transportation System, until

the first anniversary of date of initial operation of the Alaska

Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,

Sec. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,

effective July 1, 1979, set out in the Appendix to Title 5,

Government Organization and Employees. Office of Federal Inspector

for the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 528, 529, 531 of this

title.

-CITE-

16 USC Sec. 531 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 531. Definitions

-STATUTE-

As used in sections 528 to 531 of this title the following terms

shall have the following meanings:

(a) ''Multiple use'' means: The management of all the various

renewable surface resources of the national forests so that they

are utilized in the combination that will best meet the needs of

the American people; making the most judicious use of the land for

some or all of these resources or related services over areas large

enough to provide sufficient latitude for periodic adjustments in

use to conform to changing needs and conditions; that some land

will be used for less than all of the resources; and harmonious and

coordinated management of the various resources, each with the

other, without impairment of the productivity of the land, with

consideration being given to the relative values of the various

resources, and not necessarily the combination of uses that will

give the greatest dollar return or the greatest unit output.

(b) ''Sustained yield of the several products and services''

means the achievement and maintenance in perpetuity of a high-level

annual or regular periodic output of the various renewable

resources of the national forests without impairment of the

productivity of the land.

-SOURCE-

(Pub. L. 86-517, Sec. 4, June 12, 1960, 74 Stat. 215.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 528, 529, 530, 698v-1 of

this title.

-CITE-

16 USC Sec. 532 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 532. Roads and trails system; Congressional findings and

declaration of policy

-STATUTE-

The Congress hereby finds and declares that the construction and

maintenance of 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 be 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.

-SOURCE-

(Pub. L. 88-657, Sec. 1, Oct. 13, 1964, 78 Stat. 1089.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 533, 534, 536, 1608 of

this title; title 43 section 1770.

-CITE-

16 USC Sec. 533 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 533. Grant of easements for road rights-of-way; authority of

Secretary of Agriculture; regulations

-STATUTE-

The Secretary is authorized, under such regulations as he may

prescribe, subject to the provisions of sections 532 to 538 of this

title, to grant permanent or temporary easements for specified

periods or otherwise for road rights-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.

-SOURCE-

(Pub. L. 88-657, Sec. 2, Oct. 13, 1964, 78 Stat. 1089.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with construction and utilization of national forest

roads under sections 532 to 538 of this title with respect to

pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas

transferred to Federal Inspector, Office of Federal Inspector for

Alaska Natural Gas Transportation System, until first anniversary

of date of initial operation of Alaska Natural Gas Transportation

System, see Reorg. Plan No. 1 of 1979, Sec. 102(f), 203(a), 44 F.R.

33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out

in the Appendix to Title 5, Government Organization and Employees.

Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 534, 536, 1608 of this

title.

-CITE-

16 USC Sec. 534 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 534. Termination and cancellation of easements; notice;

hearing

-STATUTE-

An easement granted under sections 532 to 538 of this title may

be terminated by consent of the owner of the easement, by

condemnation, or after a five-year 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.

-SOURCE-

(Pub. L. 88-657, Sec. 3, Oct. 13, 1964, 78 Stat. 1089.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under sections 532 to

538 of this title to Federal Inspector, Office of Federal Inspector

for Alaska Natural Gas Transportation System, and subsequent

transfer to Secretary of Energy, see Transfer of Functions note set

out under section 533 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 533, 536, 1608 of this

title.

-CITE-

16 USC Sec. 535 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 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

-STATUTE-

The Secretary is authorized to provide for the acquisition,

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: 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 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. The Secretary 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.

-SOURCE-

(Pub. L. 88-657, Sec. 4, Oct. 13, 1964, 78 Stat. 1089; Pub. L.

94-154, Dec. 16, 1975, 89 Stat. 823.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-154 authorized the Secretary to permit the

transfer of unused effective purchaser credit for road construction

earned after Dec. 16, 1975, from one timber sale to a purchaser to

another timber sale to the same purchaser within the same National

Forest.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under sections 532 to

538 of this title to Federal Inspector, Office of Federal Inspector

for Alaska Natural Gas Transportation System, and subsequent

transfer to Secretary of Energy, see Transfer of Functions note set

out under section 533 of this title.

-MISC5-

FINANCING OF FOREST DEVELOPMENT ROADS

Financing of forest development roads authorized by cl. (2) of

this section deemed ''budget authority'' and ''budget outlays'' as

defined in section 621(a) of Title 2, The Congress, and effective

for purpose specified in section 651(a) of Title 2, see section

1608 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 533, 534, 535a, 536, 1608

of this title.

-CITE-

16 USC Sec. 535a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 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

-STATUTE-

(a) Prohibition on timber purchaser road credits

In financing any forest development road pursuant to section 535

of this title, the Secretary of Agriculture may not provide

effective credit for road construction to any purchaser of national

forest timber or other forest products.

(b) Construction of roads by timber purchasers

(1) Whenever the Secretary of Agriculture makes a determination

that a forest development road referred to in subsection (a) of

this section shall be constructed or paid for, in whole or in part,

by a purchaser of national forest timber or other forest products,

the Secretary 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 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) of this

section containing specified road construction of $50,000 or more,

shall give a purchaser of national forest timber or other forest

products that qualifies as a ''small business concern'' under the

Small Business Act (15 U.S.C. 631 et seq.), and regulations issued

thereunder, the option to elect that the Secretary of Agriculture

build the roads described in the notice. The Secretary shall

provide the small business concern with an estimate of the cost

that would be incurred by the Secretary 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 if the election is made.

(2) If the election referred to in paragraph (1) is made, the

purchaser of the national forest timber or other forest products

shall pay to the Secretary of Agriculture, in addition 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 may use receipts from the sale of

national forest timber or other forest products and such additional

sums as may be appropriated for the construction of roads, such

funds to be available until expended, to accomplish the requested

road construction.

(d) Authorization of harvesting

In each sale of national forest timber or other forest products

referred to in this section, the Secretary of Agriculture is

encouraged to authorize harvest of the timber or other forest

products in a unit included in the sale as soon as road work for

that unit is completed and the road work is approved by the

Secretary.

(e) Construction standard

For any forest development road that is to be constructed or paid

for by a purchaser of national forest timber or other forest

products, the Secretary 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 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 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. To the extent that the appraised value of road

construction determined under this subsection reflects funds

contributed by the Secretary of Agriculture to build the road to a

higher standard pursuant to subsection (e) of this section, the

Secretary shall modify the appraisal of the road construction to

exclude the effect of the Federal funds.

(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

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.

(2) Notwithstanding paragraph (1), any sale of national forest

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 and section 472a(i) of this

title, and rules issued thereunder, as in effect on the day before

October 21, 1998.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec. 329), Oct.

21, 1998, 112 Stat. 2681-231, 2681-292.)

-REFTEXT-

REFERENCES IN TEXT

The Small Business Act, referred to in subsec. (c)(1), is Pub. L.

85-536, July 18, 1958, 72 Stat. 384, as amended, which is

classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 631 of Title 15

and Tables.

-CITE-

16 USC Sec. 536 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 536. Recording of instruments; furnishing of instruments

affecting public domain lands to Secretary of the Interior

-STATUTE-

Copies of all instruments affecting permanent interests in land

executed pursuant to sections 532 to 538 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 of the Interior.

-SOURCE-

(Pub. L. 88-657, Sec. 5, Oct. 13, 1964, 78 Stat. 1089.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 533, 534, 1608 of this

title.

-CITE-

16 USC Sec. 537 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 537. Maintenance and reconstruction by road users; funds for

maintenance and reconstruction; availability of deposits until

expended, transfer of funds, and refunds

-STATUTE-

The Secretary 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 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 determines that maintenance or reconstruction

by a user would not be practical, then the Secretary may require

that sufficient funds 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 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.

-SOURCE-

(Pub. L. 88-657, Sec. 6, Oct. 13, 1964, 78 Stat. 1090.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under sections 532 to

538 of this title to Federal Inspector, Office of Federal Inspector

for Alaska Natural Gas Transportation System, and subsequent

transfer to Secretary of Energy, see Transfer of Functions note set

out under section 533 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 533, 534, 536, 1608 of

this title.

-CITE-

16 USC Sec. 538 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 538. User fees fund for delayed payments to grantors

-STATUTE-

Whenever the agreement under which the United States has obtained

for the use of, or in connection with, the national forests 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

for the use of the road may be placed in a fund to be available for

making payments to the grantor.

-SOURCE-

(Pub. L. 88-657, Sec. 7, Oct. 13, 1964, 78 Stat. 1090.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 533, 534, 536, 1608 of

this title; title 43 section 1770.

-CITE-

16 USC Sec. 539 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539. Additions to existing national forests; administration

-STATUTE-

(a) The following units of the National Forest System are hereby

expanded:

(1) Chugach National Forest by the addition of four areas,

Nellie Juan, College Fjord, Copper/Rude River, and Controller

Bay, containing approximately one million nine hundred thousand

acres of public land, as generally depicted on the map entitled

''Chugach National Forest additions - proposed'', and dated

October 1978; and

(2) Tongass National Forest by the addition of three areas,

Kates Needle, Juneau Icefield, and Brabazon Range, containing

approximately one million four hundred and fifty thousand acres

of public lands, as generally depicted on the map entitled

''Tongass National Forest additions - proposed'', and dated

October 1978.

(b) Subject to valid existing rights, lands added to the Tongass

and Chugach National Forests by this section shall be administered

by the Secretary in accordance with the applicable provisions of

this Act and the laws, rules, and regulations applicable to the

national forest system: Provided, That the conservation of fish and

wildlife and their habitat shall be the primary purpose for the

management of the Copper/Rude River addition and the Copper

River-Bering River portion of the existing Chugach National Forest,

as generally depicted on the map appropriately referenced and dated

October 1978: Provided, That the taking of fish and wildlife shall

be permitted within zones established by this subsection pursuant

to the provisions of this Act and other applicable State and

Federal law. Multiple use activities shall be permitted in a

manner consistent with the conservation of fish and wildlife and

their habitat as set forth in special regulations which shall be

promulgated by the Secretary.

-SOURCE-

(Pub. L. 96-487, title V, Sec. 501, Dec. 2, 1980, 94 Stat. 2398.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-MISC2-

CHUGACH NATIONAL FOREST BOUNDARY CHANGE

Pub. L. 102-415, Sec. 6, Oct. 14, 1992, 106 Stat. 2113, provided

that:

''(a) Boundary Adjustment. - The boundary of the Chugach National

Forest, Alaska, is modified to include the approximately 9,300

acres as generally depicted on the map entitled 'Official Map,

Boundary Modification, Chugach National Forest' and dated September

1988. The map shall be on file and available for public inspection

in the Office of the Chief of the Forest Service, Department of

Agriculture.

''(b) Administration. - Subject to valid existing rights, all

Federal lands brought within the boundary of the Chugach National

Forest by subsection (a) are added to and shall be administered as

part of the Chugach National Forest.

''(c) Terms and Conditions. - (1) Nothing in this Act (see Short

Title of 1992 Amendment note set out under section 1601 of Title

43, Public Lands) shall be construed to affect the validity of, or

the terms and conditions of, any right-of-way, easement, lease,

license, or permit on lands transferred by this section that is in

existence on the date of enactment of this Act (Oct. 14, 1992).

''(2) Notwithstanding any other provision of law, the Secretary

of the Interior shall delegate, as necessary, to the Secretary of

Agriculture the authority to renew or reissue the authorizations

described in paragraph (1). The change of administrative

jurisdiction over these lands resulting from subsection (a) shall

not constitute a ground for the denial of renewal or reissuance of

the authorizations described in paragraph (1).

''(d) Land and Water Conservation Fund Act. - For purposes of

section 7 of the Land and Water Conservation Fund Act of 1965 (16

U.S.C. 460l-9), the boundary of the Chugach National Forest, as

modified by this section, shall be treated as if it were the

boundary of the Chugach National Forest as of January 1, 1965.''

-CITE-

16 USC Sec. 539a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539a. Mining and mineral leasing on certain national forest

lands

-STATUTE-

Subject to valid existing rights, the minerals in public lands

within the Copper River addition to the Chugach National Forest,

are hereby withdrawn from location, entry, and patent under the

United States mining laws. With respect to such areas, the

Secretary, under such reasonable regulations as he deems

appropriate, may permit the removal of nonleasable minerals from

the lands in the manner prescribed by Reorganization Plan Numbered

3 of 1946 and section 520 of this title, and the removal of

leasable minerals from such lands in accordance with the mineral

leasing laws, if the Secretary finds that such disposition would

not have significant adverse effects on the administration of the

area. All receipts derived from disposal of nonleasable minerals

under this section shall be paid into the same funds or accounts in

the Treasury of the United States and shall be distributed in the

same manner as provided for receipts from national forests.

-SOURCE-

(Pub. L. 96-487, title V, Sec. 502, Dec. 2, 1980, 94 Stat. 2399.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws and the mineral leasing laws,

referred to in text, are classified generally to Title 30, Mineral

Lands and Mining.

Reorganization Plan Numbered 3 of 1946, referred to in text, is

Reorg. Plan No. 3 of 1946, July 16, 1946, 11 F.R. 7875, 60 Stat.

1097, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 539b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539b. Fisheries on national forest lands in Alaska

-STATUTE-

(a) Regulations for protection and maintenance of habitats

The Secretary of Agriculture shall, in consultation with the

Secretaries of Commerce and the Interior, and with the State of

Alaska, pursuant to his existing authority to manage surface

resources, promulgate such reasonable regulations as he determines

necessary after consideration of existing laws and regulations to

maintain the habitats, to the maximum extent feasible, of

anadromous fish and other foodfish, and to maintain the present and

continued productivity of such habitat when such habitats are

affected by mining activities on national forest lands in Alaska.

The Secretary of Agriculture, in consultation with the State, shall

assess the effects on the populations of such fish in

determinations made pursuant to this subsection.

(b) Approved plan for mining operations; requirements; review;

modification; suspension of activities

Because of the large scale of contemplated mining operations and

the proximity of such operations to important fishery resources,

with respect to mining operations in the Quartz Hill area of the

Tongass National Forest, the regulations of the Secretary shall,

pursuant to this subsection, include a requirement that all mining

operations involving significant surface disturbance shall be in

accordance with an approved plan of operations. Before approving

any proposed plan or distinct stages of such plan of operations for

any such claims when any fishery habitat or fishery value may be

affected, the Secretary shall, in consultation with the Secretaries

of Commerce and the Interior and the State of Alaska, determine -

(1) that such plan or stages of such plan are based upon and

shall include studies or information which he determines are

adequate for -

(A) evaluating the water quality and water quantity, fishery

habitat, and other fishery values of the affected area; and

(B) evaluating to the maximum extent feasible and relevant,

the sensitivity to environmental degradation from activities

carried out under such plan of the fishery habitat as it

affects the various life stages of anadromous fish and other

foodfish and their major food chain components;

(2) that such plan adequately identifies the risks the

operations under such plan or such stages might pose to and the

benefits the operations under such plan might provide to -

(A) the natural stability and the present and continued

productivity of anadromous fish and other foodfish;

(B) fishery habitat, including but not limited to water

quality and water quantity; and

(C) other fishery values;

(3) that such plan includes provisions which he determines are

adequate for the purposes of -

(A) preventing significant adverse environmental impacts to

the fishery habitat (including but not limited to water quality

and water quantity) or other fishery values; and

(B) maintaining present and continued productivity of the

habitat of anadromous fish and other foodfish which might be

affected by the mining and other activities proposed to be

conducted in accordance with such plan or such stages of the

plan of operations;

(4)(A) the Secretary shall ensure, to the maximum extent

feasible, that the cumulative effects of activities carried out

under the operating plan will not interfere with the ability to

collect baseline information needed by the Secretary to evaluate

the effects of various stages of the operating plan on the

fishery habitat and productivity of such habitats;

(B) the Secretary shall review such plan and mining activities

on at least an annual basis. With respect to any mining or

associated activities, the Secretary, if he determines upon

notice and hearing, that the activities are harmful to the

continued productivity of anadromous fish, or other foodfish

populations or fishery habitat, shall require a modification of

the plan to eliminate or mitigate, if necessary, the harmful

effects of such activities; and

(5) upon a finding by the Secretary that a mining activity

conducted as a part of a mining operation exists which

constitutes a threat of irreparable harm to anadromous fish, or

other foodfish populations or their habitat, and that immediate

correction is required to prevent such harm, he may require such

activity to be suspended for not to exceed seven days, provided

the activity may be resumed at the end of said seven-day period

unless otherwise required by a United States district court.

(c) Authority of State of Alaska to manage fish and wildlife

Nothing in this section shall enlarge or diminish the

responsibility and authority of the State of Alaska to manage fish

and wildlife or to exercise its other responsibilities under

applicable law.

(d) Authority of Secretary of Agriculture to manage national

forests

Except as specifically provided in subsection (b)(5) of this

section nothing in this section shall enlarge or diminish the

responsibilities and authorities of the Secretary of Agriculture to

manage the national forests.

-SOURCE-

(Pub. L. 96-487, title V, Sec. 505, Dec. 2, 1980, 94 Stat. 2405.)

-CITE-

16 USC Sec. 539c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539c. Cooperative fisheries planning; report to Congress

-STATUTE-

(a) The Secretary of Agriculture is directed to implement a

cooperative planning process for the enhancement of fisheries

resources through fish hatchery and aquaculture facilities and

activities in the Tongass National Forest. Participation in this

process shall include but not be limited to the State of Alaska and

appropriate nonprofit aquaculture corporations. The Secretary may

contract with private, nonprofit associations for services in such

planning.

(b) Each subsequent revision of National Forest management plans

under the Forest and Rangeland Renewable Resources Planning Act of

1974 (16 U.S.C. 1600 et seq.) and the National Forest Management

Act of 1976 shall contain a report on the status of the planning

process undertaken under this paragraph, including, but not limited

to, a description of current hatchery and aquaculture projects, an

analysis of the success of these projects, and a prioritized list

of projects anticipated for the duration of the management plan.

The report shall be submitted by the Secretary to the Congress with

recommendations for any legislative action which the Secretary may

deem necessary to implement the proposed hatchery and aquaculture

projects.

-SOURCE-

(Pub. L. 96-487, title V, Sec. 507, Dec. 2, 1980, 94 Stat. 2412.)

-REFTEXT-

REFERENCES IN TEXT

The Forest and Rangeland Renewable Resources Planning Act of

1974, referred to in subsec. (b), is Pub. L. 93-378, Aug. 17, 1974,

88 Stat. 476, as amended, which is classified generally to

subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1600 of this title and Tables.

The National Forest Management Act of 1976, referred to in

subsec. (b), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as

amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614

of this title, amended sections 500, 515, 516, 518, 576b, and 1601

to 1610 of this title, repealed sections 476, 513, and 514 of this

title, and enacted provisions set out as notes under sections 476,

513, 528, 594-2, and 1600 of this title. For complete

classification of this Act to the Code, see Short Title of 1976

Amendment note set out under section 1600 of this title and Tables.

-CITE-

16 USC Sec. 539d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539d. National forest timber utilization program

-STATUTE-

(a) Tongass National Forest timber supply; satisfaction of certain

market demands

Subject to appropriations, other applicable law, and the

requirements of the National Forest Management Act of 1976 (Public

Law 94-588), except as provided in subsection (d) of this section,

the Secretary shall, to the extent consistent with providing for

the multiple use and sustained yield of all renewable forest

resources, seek to provide a supply of timber from the Tongass

National Forest which (1) meets the annual market demand for timber

from such forest and (2) meets the market demand from such forest

for each planning cycle.

(b) Insured and guaranteed loan program for purchasers of national

forests materials in Alaska; authorization of appropriations

(1) The Secretary is authorized and directed to establish a

special program of insured or guaranteed loans to purchasers of

national forest materials in Alaska to assist such purchasers in

the acquisition of equipment and the implementation of new

technologies which lead to the utilization of wood products which

might otherwise not be utilized. The Secretary is authorized to

promulgate such regulations as he deems appropriate to define

eligibility requirements for the participation in the loan program

and the terms and conditions applicable to loans made under the

program. Except as otherwise provided in this section or

regulations promulgated specifically for this loan program, such

program shall be carried out in a manner which is consistent with

other authorities available to the Secretary.

(2) To carry out the special loan program established by this

section, there are hereby authorized beginning after the fiscal

year 1980 to be appropriated $5,000,000 from National Forest Fund

receipts, to be deposited in a special fund in the Treasury of the

United States to remain available until expended. Repayments of

principal and interest and other recoveries on loans authorized by

this section shall be credited to this fund and shall remain

available until expended in order to carry out the purposes of this

section.

(c) Study on increase of timber yields on national forest lands in

Alaska; transmittal to Congress

Within three years after December 2, 1980, the Secretary shall

prepare and transmit to the Senate and House of Representatives a

study of opportunities (consistent with the laws and regulations

applicable to the management of the National Forest System) to

increase timber yields on national forest lands in Alaska.

(d) Identification of lands not suited for timber production;

consideration of economic factors unnecessary

All provisions of section 6(k) of the National Forest Management

Act of 1976 (16 U.S.C. 1604(k)) shall apply to the Tongass National

Forest except that the Secretary need not consider economic factors

in the identification of lands not suited for timber production.

(e) Protection of riparian habitat; maintenance of buffer zones in

Tongass National Forest; relocation of prior independent sale

or released volume

In order to assure protection of riparian habitat, the Secretary

shall maintain a buffer zone of no less than one hundred feet in

width on each side of all Class I streams in the Tongass National

Forest, and on those Class II streams which flow directly into a

Class I stream, within which commercial timber harvesting shall be

prohibited, except where independent national forest timber sales

have already been sold prior to March 1, 1990, or where volume has

been released prior to March 1, 1990, to either the Alaska Pulp

Corporation or the Ketchikan Pulp Company pursuant to the long-term

timber sale contracts numbered 12-11-010-1545 and A10fs-1042

respectively. If such an independent timber sale or released

volume is within the buffer zone, the Secretary shall make every

effort to relocate such independent sale or released volume to an

area outside of the buffer zone. The Secretary shall use best

management practices, as defined in the Region 10 Soil and Water

Conservation handbook (FOOTNOTE 1) (FSH 2509.22), January 1990, to

assure the protection of riparian habitat on streams or portions of

streams not protected by such buffer zones. For the purposes of

this subsection, the terms ''Class I streams'' and ''Class II

streams'' mean the same as they do in the Region 10 Aquatic Habitat

Management Handbook (FSH 2609.24), June 1986.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(f) Timber supply from Tongass National Forest for purchasers

qualifying as ''small business concerns''

Subject to appropriations, the provisions of this Act and other

applicable law (including but not limited to the requirements of

the National Forest Management Act of 1976 (Public Law 94-588)) and

in order to assure the continuation of the Small Business

Administration timber sale program, the Secretary shall, in

consultation with the Administrator of the Small Business

Administration and to the extent consistent with providing for the

multiple use and sustained yield of all renewable forest resources,

seek to provide a supply of timber from the Tongass National Forest

to those purchasers qualifying as ''small business concerns'' under

the Small Business Act as amended (15 U.S.C. 631 et seq.).

-SOURCE-

(Pub. L. 96-487, title VII, Sec. 705, Dec. 2, 1980, 94 Stat. 2420;

Pub. L. 101-626, title I, Sec. 101-103(a), 105(b), Nov. 28, 1990,

104 Stat. 4426, 4427.)

-REFTEXT-

REFERENCES IN TEXT

The National Forest Management Act of 1976, referred to in

subsecs. (a) and (f), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat.

2949, as amended, which enacted sections 472a, 521b, 1600, and 1611

to 1614 of this title, amended sections 500, 515, 516, 518, 576b,

and 1601 to 1610 of this title, repealed sections 476, 513, and 514

of this title, and enacted provisions set out as notes under

sections 476, 513, 528, 594-2, and 1600 of this title. Section

6(k) of the Act (16 U.S.C. 1604(k)), probably means section 6(k) of

the Forest and Rangeland Renewable Resources Planning Act of 1974,

which is classified to section 1604(k) of this title, and which was

added by section 6 of the Act. For complete classification of this

Act to the Code, see Short Title of 1976 Amendment note set out

under section 1600 of this title and Tables.

This Act, referred to in subsec. (f), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

The Small Business Act, referred to in subsec. (f), is Pub. L.

85-536, July 18, 1958, 72 Stat. 384, as amended, which is

classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 631 of Title 15

and Tables.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-626, Sec. 101, added subsec. (a)

and struck out former subsec. (a) which read as follows: ''The

Congress authorizes and directs that the Secretary of the Treasury

shall make available to the Secretary of Agriculture the sum of at

least $40,000,000 annually or as much as the Secretary of

Agriculture finds is necessary to maintain the timber supply from

the Tongass National Forest to dependent industry at a rate of four

billion five hundred million foot board measure per decade. Such

sums will be drawn from receipts from oil, gas, timber, coal, and

other natural resources collected by the Secretary of Agriculture

and the Secretary of the Interior notwithstanding any other law

providing for the distribution of such receipts: Provided, That

such funds shall not be subject to deferral or rescission under the

Budget Impoundment and Control Act of 1974, and such funds shall

not be subject to annual appropriation.''

Subsec. (d). Pub. L. 101-626, Sec. 102, added subsec. (d) and

struck out former subsec. (d) which read as follows: ''The

provisions of this section shall apply notwithstanding the

provisions of section 6(k) of the National Forest Management Act of

1976 (90 Stat. 2949).''

Subsec. (e). Pub. L. 101-626, Sec. 103(a), added subsec. (e).

Subsec. (f). Pub. L. 101-626, Sec. 105(b), added subsec. (f).

SHORT TITLE OF 1990 AMENDMENT

Section 1(a) of Pub. L. 101-626 provided that: ''This Act

(amending this section and sections 472a and 539e of this title,

enacting provisions listed in a table of Wilderness Areas set out

under section 1132 of this title, and enacting provisions set out

as notes under this section and section 539e of this title) may be

cited as the 'Tongass Timber Reform Act'.''

STUDY CONTAINING RECOMMENDATIONS ON NEED TO STANDARDIZE RIPARIAN

MANAGEMENT PRACTICES IN TONGASS NATIONAL FOREST

Section 103(b) of Pub. L. 101-626 provided that: ''No later than

one year after the date of enactment of this Act (Nov. 28, 1990),

the Secretary of Agriculture, in consultation with the State of

Alaska, the National Marine Fisheries Service, and affected private

land owners, shall prepare and transmit to the Congress a study

containing recommendations on the need, if any, to standardize

riparian management practices for Federal, State, and private lands

within the Tongass National Forest.''

APPLICATION OF AMENDMENTS BY PUB. L. 101-626 TO CERTAIN LONG-TERM

TIMBER SALE CONTRACTS

Section 105(c) of Pub. L. 101-626 provided that: ''The provisions

of subsections (a) and (b) of this section (amending this section

and section 472a of this title) shall not apply to the purchase of

timber within the Tongass National Forest pursuant to the long-term

timber sale contracts numbered 12-11-010-1545 and A10fs-1042

between the United States and the Alaska Pulp Corporation, and

between the United States and the Ketchikan Pulp Company,

respectively.''

APPLICABILITY OF SUBSECTION (A) FROM OCTOBER 1, 1987 UNTIL

SEPTEMBER 30, 1989

Pub. L. 100-203, title V, Sec. 5202, Dec. 22, 1987, 101 Stat.

1330-267, provided that from the period beginning on October 1,

1987, and extending until September 30, 1989, the provisions of

subsec. (a) of this section was not effective, and that in lieu

thereof, the following provision was to apply: ''There is hereby

authorized to be appropriated the sum of at least $40,000,000

annually (or such sums as the Secretary of Agriculture determines

necessary) to maintain the timber supply from the Tongass National

Forest to dependent industry at a rate of 4,500,000,000 foot board

measure per decade.''

-CITE-

16 USC Sec. 539e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539e. Reports

-STATUTE-

(a) Timber supply and demand in southeastern Alaska

The Secretary is directed to monitor timber supply and demand in

southeastern Alaska and report annually thereon to the Committee on

Energy and Natural Resources of the Senate and the Committee on

Natural Resources of the House of Representatives.

(b) Status of Tongass National Forest in southeastern Alaska;

contents

Within five years from December 2, 1980, and every two years

thereafter the Secretary shall review and report to Congress on the

status of the Tongass National Forest in southeastern Alaska. This

report shall include, but not be limited to, (1) the timber harvest

levels in the forest since December 2, 1980; (2) the impact of

wilderness designation on the timber, fishing, and tourism industry

in southeast Alaska; (3) measures instituted by the Forest Service

to protect fish and wildlife in the forest; (4) the status of the

small business set aside program in the Tongass Forest, (FOOTNOTE

1) and (5) the impact of timber management on subsistence

resources, wildlife, and fisheries habitats.

(FOOTNOTE 1) So in original. The comma probably should be a

semicolon.

(c) Cooperation and consultation

The study required by this section shall be conducted in

cooperation and consultation with the State, affected Native

Corporations, the southeast Alaska timber industry, the Southeast

Alaska Conservation Council, the southeast Alaska commercial

fishing industry, and the Alaska Land Use Council.. (FOOTNOTE 2)

(FOOTNOTE 2) So in original.

-SOURCE-

(Pub. L. 96-487, title VII, Sec. 706, Dec. 2, 1980, 94 Stat. 2420;

Pub. L. 101-626, title I, Sec. 104, Nov. 28, 1990, 104 Stat. 4427;

Pub. L. 103-437, Sec. 6(d)(31), Nov. 2, 1994, 108 Stat. 4584.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

1990 - Subsec. (a). Pub. L. 101-626, Sec. 104(a), struck out at

end ''If, at any time after December 2, 1980, the Secretary finds

that the available land base in the Tongass National Forest is

inadequate to maintain the timber supply from the Tongass National

Forest to dependent industry at the rate of four billion five

hundred million foot board measure per decade, he shall include

such information in his report.''

Subsec. (b). Pub. L. 101-626, Sec. 104(a), added cl. (5).

Subsec. (c). Pub. L. 101-626, Sec. 104(b), substituted ''the

southeast Alaska commercial fishing industry, and the Alaska Land

Use Council.'' for ''and the Alaska Land Use Council''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC4-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to reporting to Congress, every two

years, on the status of the Tongass National Forest, see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance, and page 48 of House Document

No. 103-7.

STUDY REGARDING FEASIBILITY OF ACQUIRING PREVIOUSLY HARVESTED

PRIVATE LANDS IN TONGASS NATIONAL FOREST

Section 501 of Pub. L. 101-626 directed the Secretary, no later

than one year after Nov. 28, 1990, to complete a study regarding

feasibility of acquiring private lands located within boundary of

the Tongass National Forest, which have been significantly

harvested and to transmit the study to specific committees of

Congress.

-CITE-

16 USC Sec. 539f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539f. Nonprofit organization user of national forest lands

-STATUTE-

(a) Permits for organization camps; waiver of charges; performance

of services; loss of entitlement

Notwithstanding any other provision of law, the Secretary of

Agriculture is directed to waive annually without charge all or a

portion of payment or rental fees required under terms of a permit

for use of certain lands of the National Forest System as

organization camps by local units of the Boy Scouts of America or

such other nonprofit organization when such local units of the Boy

Scouts of America or such nonprofit organization are willing to

perform services, as the Secretary prescribes and determines will

yield a valuable benefit to the public and to the program of the

Secretary of such lands. If the Secretary determines that a local

unit of the Boy Scouts of America or such other nonprofit

organization has not fully performed such services, such

organization shall not be entitled in the subsequent year to waiver

under the provisions of this section.

(b) ''Other nonprofit organization'' defined

The term ''other nonprofit organization'' shall mean (1) a

nonprofit organization holding an exemption under section 501(c) of

title 26; and (2) a nonprofit association or nonprofit corporation,

which is not controlled or owned by profitmaking corporations or

business enterprises, and which is engaged in public or semipublic

activity to further public health, safety, or welfare.

-SOURCE-

(Pub. L. 98-478, Sec. 3, Oct. 16, 1984, 98 Stat. 2216; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954'', which for

purposes of codification was translated as ''title 26'' thus

requiring no change in text.

-CITE-

16 USC Sec. 539g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539g. Kings River Special Management Area

-STATUTE-

(a) Establishment

In order to provide for public outdoor recreation use and

enjoyment of certain areas within the Sierra National Forest and

the Sequoia National Forest, to protect those areas' natural,

archaeological, and scenic resources, and to provide for

appropriate fish and wildlife management of those areas, there is

hereby established the Kings River Special Management Area

(hereinafter in this Act referred to as the ''special management

area''). The special management area shall be administered by the

Secretary of Agriculture (hereinafter in this Act referred to as

''the Secretary'') through the Sierra National Forest.

(b) Area included

The special management area shall consist of the lands, waters,

and interests therein within the area generally depicted on the map

entitled ''Boundary Map, Kings River Special Management Area'',

dated April 1987. The map shall be on file and available for public

inspection in the offices of the National Forest Service,

Department of Agriculture. The Secretary of Agriculture may from

time to time make minor revisions of the boundary of the special

management area.

(c) Administration

The Secretary shall administer the special management area in

accordance with this Act and with the provisions of law generally

applicable to units of the National Forest System. In the case of

any conflict between the provisions of such Acts, the provisions of

this Act shall govern. In the administration of the special

management area the Secretary may utilize such statutory authority

as may be available to him for the conservation of wildlife and

natural resources as he deems necessary to carry out the purposes

of this Act. Nothing in this Act shall be construed to prohibit

grazing within the special management area to the same extent, and

in accordance with the same rules and regulations as applicable in

the absence of this Act. The Secretary may permit the cutting of

timber within the special management area only in those cases where

in the judgment of the Secretary the cutting of such timber is

required in order to control the attacks of fire, insects, or

diseases or to otherwise conserve the scenery or the natural or

historical objects in the area.

(d) Mining and mineral leasing

Subject to valid existing rights, lands within the special

management area are withdrawn from location, entry, and patent

under the mining laws of the United States, from the operation of

the mineral leasing laws of the United States and from operation of

the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).

(e) Hunting and fishing

The Secretary shall permit hunting and fishing on lands and

waters within the special management area in accordance with

applicable Federal and State law. The Secretary may designate

zones where, and establish periods when, such activities will not

be permitted for reasons of public safety, administration, fish and

wildlife management or public use and enjoyment. Except in

emergencies, regulations issued by the Secretary under this

subsection shall be put into effect only after consultation with

the appropriate State agencies responsible for hunting and fishing

activities.

(f) Management plan

After consultation with the State of California, the Secretary

shall publish a management plan for the special management area

within three years after November 3, 1987. The plan shall provide

for public outdoor recreation use and enjoyment of the special

management area, protect the area's natural, archeological, and

scenic resources, and provide for appropriate fish and wildlife

management within the area. The plan shall contain provisions for

management of vegetation within the area designed to enhance the

wildlife carrying capacity of the area. The plan shall permit

off-road vehicular use of off-road trails to the same extent and in

the same locations as was permitted before November 3, 1987. The

plan shall provide for the development of hiking trails in the

special management area and shall include a trail from Garlic Creek

to Little Tehipite Valley.

(g) Access to private lands

If any State or privately owned land or any valid mining claim or

other valid occupancy is within the special management area, or if

State or private subsurface rights underlie public lands within the

special management area, the Secretary shall provide the State or

private owner, claimant, or occupier and their successors in

interest such rights as may be necessary to assure adequate and

feasible access for economic and other purposes to the site

concerned. Such rights shall be subject to reasonable regulations

issued by the Secretary to protect the natural and other values of

the special management area, taking into account the traditional

and customary means of access used prior to November 3, 1987.

(h) Specific protections

In recognition of the dispute that exists over whether a dam

project should be constructed in the segment of the Main Stem of

the Kings River from the point at elevation 1,595 feet above mean

sea level downstream to the point at elevation 990 feet above mean

sea level, Congress declares its intention at this time not to

designate that segment of the Kings River as a component of the

Wild and Scenic Rivers System. Notwithstanding any other provision

of law, no Federal lands may be used for the construction of any

dam or diversion within the boundaries of the special management

area without specific authority of the Congress. In order to

protect the natural, cultural, recreational, fishery, and wildlife

values of the river segment referred to in this subsection, that

segment shall be subject to the provisions of section 1278(a) of

this title, in the same manner as if it were designated. Nothing

in this Act shall preclude the Kings River Conservation District

from conducting studies as it may deem appropriate.

-SOURCE-

(Pub. L. 100-150, Sec. 2, Nov. 3, 1987, 101 Stat. 881.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a), (c), and (h), is Pub. L.

100-150, Nov. 3, 1987, 101 Stat. 881, which enacted this section

and amended section 1274 of this title. For complete

classification of this Act to the Code, see Tables.

The mining laws and the mineral leasing laws of the United

States, referred to in subsec. (d), are classified generally to

Title 30, Mineral Lands and Mining.

The Geothermal Steam Act of 1970, referred to in subsec. (d), is

Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is

classified principally to chapter 23 (Sec. 1001 et seq.) of Title

30. For complete classification of this Act to the Code, see Short

Title note set out under section 1001 of Title 30 and Tables.

-CITE-

16 USC Sec. 539h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539h. Greer Spring Special Management Area

-STATUTE-

(a) Objectives and establishments

In order to provide for public outdoor recreation use, including

fishing and hunting, in a natural setting, and the enjoyment of

certain areas within the Mark Twain National Forest, to protect

those areas' natural, archaeological, and scenic resources, and to

provide for appropriate resource management of those areas, there

is hereby established the Greer Spring Special Management Area

(hereinafter referred to as ''the special management area''). The

Secretary shall manage the special management area in accordance

with this Act, and with provisions of law generally applicable to

units of the National Forest System to the extent consistent with

this Act.

(b) Area included

The special management area shall consist of lands, waters, and

interests therein within the area referred to on the map as ''The

Greer Spring Special Management Area''. The Secretary is authorized

to make minor revisions to the boundary of the special management

area.

(c) Timber harvesting

The Secretary shall permit the harvesting of timber within the

special management area only in those cases where, in the judgment

of the Secretary, the harvesting of timber is required in order to

control insects or disease, for public safety, for salvage sales,

or to accomplish the objectives of the special management area as

described in subsection (a) of this section. To the extent

practicable, timber harvesting shall be conducted only by the

individual tree selection method.

(d) Hunting and fishing

The Secretary shall permit hunting and fishing on lands and

waters within the special management area in accordance with

applicable Federal and State law.

(e) Mining and mineral leasing

Subject to valid, existing rights, lands within the special

management areas are withdrawn from location, entry, and patent

under the mining laws of the United States, and from the operation

of the mineral and geothermal leasing laws of the United States.

(f) Vehicular access

The Secretary shall construct and maintain only those roads

within the special management area and corridor which are indicated

on the map: Provided, That the Secretary shall provide access to

such roads, or to timber harvesting pursuant to subsection (c) of

this section, in such a manner as to minimize environmental impact.

-SOURCE-

(Pub. L. 102-220, Sec. 4, Dec. 11, 1991, 105 Stat. 1674.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 102-220, Dec.

11, 1991, 105 Stat. 1674, known as the Greer Spring Acquisition and

Protection Act of 1991, which enacted this section and provisions

set out below. For complete classification of this Act to the

Code, see section 1 of Pub. L. 102-220, set out below, and Tables.

The mining laws and the mineral leasing laws of the United

States, referred to in subsec. (e), are classified generally to

Title 30, Mineral Lands and Mining.

Geothermal leasing laws of the United States, referred to in

subsec. (e), are classified principally to chapter 23 (Sec. 1001 et

seq.) of Title 30.

-MISC2-

GREER SPRING ACQUISITION AND PROTECTION

Sections 1 to 3 and 5 of Pub. L. 102-220 provided that:

''SECTION 1. SHORT TITLE.

''This Act (enacting this section) may be cited as the 'Greer

Spring Acquisition and Protection Act of 1991'.

''SEC. 2. ACQUISITION OF THE DENNIG TRACT.

''(a) The Secretary of Agriculture (hereinafter referred to as

the 'Secretary') is hereby authorized and directed, subject to

appropriations, to acquire all of the lands, waters, and interests

therein, on a willing seller basis only, within the area generally

depicted on a map entitled 'Dennig Tract', dated November 5, 1991

(hereinafter referred to as 'the map'). The map, together with a

legal description of such lands, shall be on file and available for

public inspection in the offices of the Forest Service, Department

of Agriculture. The boundaries of the Mark Twain National Forest

are hereby modified to include the area denoted 'Dennig Property

Outside of National Forest Boundary' on the map. Such map and

legal description shall have the same force and effect as if

included in this Act, except that the correction of clerical and

typographical errors in such map and legal description may be made

by the Secretary.

''(b) Such modified boundaries shall be considered as the

boundaries in existence as of January 1, 1965, for the purposes of

section 7 of the Land and Water Conservation Fund Act (16 U.S.C.

460l-9).

''SEC. 3. ELEVEN POINT WILD AND SCENIC RIVER.

''The Secretary shall manage the lands, waters, and interests

therein within the area referred to on the map as 'The Eleven Point

Wild and Scenic Corridor' (hereinafter referred to as 'the

corridor'), pursuant to the provisions of the Wild and Scenic

Rivers Act (16 U.S.C. 1271-1287). Lands acquired pursuant to

section 2 of this Act within the corridor shall not be counted

against the average one-hundred-acre-per-mile fee limitation of

Section 6(a)(1) of the Wild and Scenic Rivers Act (16 U.S.C.

1277(a)(1)), nor shall such lands outside the corridor be subject

to the provisions of Section 6(a)(2) of the Wild and Scenic Rivers

Act.

''SEC. 5. APPROPRIATIONS.

''There are hereby authorized to be appropriated such sums as may

be necessary to carry out the purposes of this Act.''

-CITE-

16 USC Sec. 539i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539i. Fossil Ridge Recreation Management Area

-STATUTE-

(a) Establishment

(1) In order to conserve, protect, and enhance the scenic,

wildlife, recreational, and other natural resource values of the

Fossil Ridge area, there is hereby established the Fossil Ridge

Recreation Management Area (hereinafter referred to as the

''recreation management area'').

(2) The recreation management area shall consist of certain lands

in the Gunnison National Forest, Colorado, which comprise

approximately 43,900 acres, as generally depicted as ''Area A'' on

a map entitled ''Fossil Ridge Wilderness Proposal'', dated January,

1993.

(b) Administration

The Secretary of Agriculture shall administer the recreation

management area in accordance with this section and the laws and

regulations generally applicable to the National Forest System.

(c) Withdrawal

Subject to valid existing rights, all lands within the recreation

management area are hereby withdrawn from all forms of entry,

appropriation, or disposal under the public land laws, from

location, entry, and patent under the mining laws, and from

disposition under the mineral and geothermal leasing laws,

including all amendments thereto.

(d) Timber harvesting

No timber harvesting shall be allowed within the recreation

management area except to the extent that would be permitted in

wilderness under section 1133(d)(1) of this title for necessary

control of fire, insects, and diseases, and for public safety.

(e) Livestock grazing

The designation of the recreation management area shall not be

construed to prohibit, or change the administration of, the grazing

of livestock within the recreation management area.

(f) Development

No developed campgrounds shall be constructed within the

recreation management area. After August 13, 1993, no new roads or

trails may be constructed within the recreation management area.

(g) Off-road recreation

Motorized travel shall be permitted within the recreation

management area only on those established trails and routes

existing as of July 1, 1991, on which such travel was permitted as

of such date, except that other trails and routes may be used where

necessary for administrative purposes or to respond to an

emergency. No later than one year after August 13, 1993, the

Secretary shall identify such routes and trails and shall prepare

and make available to the public a map showing such routes and

trails. Nothing in this subsection shall be construed as

precluding the Secretary from closing any trail or route from use

for purposes of resource protection or public safety.

-SOURCE-

(Pub. L. 103-77, Sec. 5, Aug. 13, 1993, 107 Stat. 760.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (c), are classified

generally to Title 43, Public Lands.

The mining laws and the mineral leasing laws, referred to in

subsec. (c), are classified generally to Title 30, Mineral Lands

and Mining.

Geothermal leasing laws, referred to in subsec. (c), are

classified principally to chapter 23 (Sec. 1001 et seq.) of Title

30.

-MISC2-

SHORT TITLE

Section 1(a) of Pub. L. 103-77 provided that: ''This Act

(enacting this section and section 539j of this title, enacting

provisions set out as a note under section 539j of this title, and

enacting and amending provisions listed in a table of Wilderness

Areas set out under section 1132 of this title) may be cited as the

'Colorado Wilderness Act of 1993'.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Colorado Wilderness Act of 1993 is referred to in sections

410hhh-3, 410hhh-5 of this title.

-CITE-

16 USC Sec. 539j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539j. Bowen Gulch Protection Area

-STATUTE-

(a) Establishment

(1) There is hereby established in the Arapaho National Forest,

Colorado, the Bowen Gulch Protection Area (hereinafter in this Act

referred to as the ''protection area'').

(2) The protection area shall consist of certain lands in the

Arapaho National Forest, Colorado, which comprise approximately

11,600 acres, as generally depicted as ''Area A'' on a map entitled

''Bowen Gulch Additions to Never Summer Wilderness Proposal'',

dated January, 1993.

(b) Administration

The Secretary shall administer the protection area in accordance

with this section and the laws and regulations generally applicable

to the National Forest System.

(c) Withdrawal

Subject to valid existing rights, all lands within the protection

area are hereby withdrawn from all forms of entry, appropriation,

or disposal under the public land laws, from location, entry, and

patent under the mining laws, and from disposition under the

mineral and geothermal leasing laws, including all amendments

thereto.

(d) Development

No developed campgrounds shall be constructed within the

protection area. After August 13, 1993, no new roads or trails may

be constructed within the protection area.

(e) Timber harvesting

No timber harvesting shall be allowed within the protection area

except to the extent that would be permitted in wilderness under

section 1133(d)(1) of this title for necessary control of fire,

insects, and diseases, and for public safety.

(f) Motorized travel

Motorized travel shall be permitted within the protection area

only on those designated trails and routes existing as of July 1,

1991, and only during periods of adequate snow cover. At all other

times, mechanized, non-motorized travel shall be permitted within

the protection area.

(g) Management plan

During the revision of the Land and Resource Management Plan for

the Arapaho National Forest, the Forest Service shall develop a

management plan for the protection area, after providing for public

comment.

-SOURCE-

(Pub. L. 103-77, Sec. 6, Aug. 13, 1993, 107 Stat. 761.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 103-77, Aug. 13,

1993, 107 Stat. 756, known as the Colorado Wilderness Act of 1993.

For complete classification of this Act to the Code, see Short

Title note set out under section 539i of this title and Tables.

The public land laws, referred to in subsec. (c), are classified

generally to Title 43, Public Lands.

The mining laws and the mineral leasing laws, referred to in

subsec. (c), are classified generally to Title 30, Mineral Lands

and Mining.

Geothermal leasing laws, referred to in subsec. (c), are

classified principally to chapter 23 (Sec. 1001 et seq.) of Title

30.

-CROSS-

DEFINITIONS

Section 1(b) of Pub. L. 103-77 provided that:

''(1) As used in this Act (see Short Title note set out under

section 539i of this title) with reference to lands in the National

Forest System, the term 'the Secretary' means the Secretary of

Agriculture.

''(2) As used in this Act with respect to lands not in the

National Forest System, the term 'the Secretary' means the

Secretary of the Interior.''

-CITE-

16 USC Sec. 539k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539k. Kelly Butte Special Management Area

-STATUTE-

(a) Establishment

Upon conveyance to the United States of the Plum Creek offered

lands in the Kelly Butte area, there is hereby established the

Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie

National Forest, Washington, comprising approximately 5,642 acres,

as generally depicted on a map entitled ''Kelly Butte Special

Management Area'', dated October 1998.

(b) Management

The Kelly Butte Special Management Area shall be managed by the

Secretary in accordance with the laws, rules and regulations

generally applicable to National Forest System lands, and subject

to the following additional provisions:

(1) the Area shall be managed with special emphasis on:

(A) preserving its natural character and protecting and

enhancing water quality in the upper Green River watershed;

(B) permitting hunting and fishing;

(C) providing opportunities for primitive and semi-primitive

recreation and scientific research and study;

(D) protecting and enhancing populations of fish, wildlife

and native plant species; and

(E) allowing for traditional uses by native American peoples;

(2) commercial timber harvest and road construction shall be

prohibited;

(3) the Area shall be closed to the use of motor vehicles,

except as may be necessary for administrative purposes or in

emergencies (including rescue operations) to protect public

health and safety; and

(4) the Area shall, subject to valid existing rights, be

permanently withdrawn from all forms of entry and appropriation

under the U.S. mining laws and mineral leasing laws, including

the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).

(c) No buffer zones

Congress does not intend that the designation of the Kelly Butte

Special Management Area lead to the creation of protective

perimeters or buffer zones around the Area. The fact that

non-compatible activities or uses can be seen or heard from within

the Kelly Butte Special Management Area shall not, of itself,

preclude such activities or uses up to the boundary of the Area.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(e) (title VI, Sec. 611), Oct.

21, 1998, 112 Stat. 2681-231, 2681-334.)

-REFTEXT-

REFERENCES IN TEXT

The U.S. mining laws and the mineral leasing laws, referred to in

subsec. (b)(4), are classified generally to Title 30, Mineral Lands

and Mining.

The Geothermal Steam Act of 1970, referred to in subsec. (b)(4),

is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which

is classified principally to chapter 23 (Sec. 1001 et seq.) of

Title 30, Mineral Lands and Mining. For complete classification of

this Act to the Code, see Short Title note set out under section

1001 of Title 30 and Tables.

-MISC2-

INTERSTATE 90 LAND EXCHANGE

Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title III, Sec.

346(a), (e)-(g), (i)), Nov. 29, 1999, 113 Stat. 1535, 1501A-204,

1501A-206, provided that:

''(a) This section (enacting and amending provisions set out as

notes below) shall be referred to as the 'Interstate 90 Land

Exchange Amendment'.

''(e) Section 604(b) (section 101(e) (title VI, Sec. 604(b)) of

Pub. L. 105-277, set out below) is further amended by inserting the

following before the colon: 'except Township 19 North, Range 10

East, W.M., Section 4, Township 20 North, Range 10 East, W.M.,

Section 32, and Township 21 North, Range 14 East, W.M., W 1/2W 1/2

of Section 16, Township 12 North, Range 7 East, Sections 4 and 5,

W.M., Township 13 North, Range 7 East, Sections 32 and 33, W.M.,

Township 8 North, Range 4 East, Section 17 and the S 1/2 of 16,

W.M., which shall be retained by the United States'. The Appraisal

shall be adjusted by subtracting the values determined for Township

19 North, Range 10 East, W.M., Section 4, Township 20 North, Range

10 East, W.M., Section 32, Township 12 North, Range 7 East,

Sections 4 and 5, W.M., Township 13 North, Range 7 East, Sections

32 and 33, W.M., Township 8 North, Range 4 East, Section 17 and the

S 1/2 of Section 16, W.M. during the Appraisal process in the

context of the whole estate to be conveyed.

''(f) After adjustment of the Appraisal, the values of the

offered and selected lands, including the offered lands held in

escrow, shall be equalized as follows:

''(1) the appraised value of the offered lands, as such lands

and appraised value have been adjusted hereby, minus the

appraised value of the offered lands to be placed into escrow,

shall be compared to the appraised value of the selected lands,

as such lands and appraised value have been adjusted hereby, and

the Secretary shall equalize such values by the payment of cash

to Plum Creek at the time that deeds are exchanged, such cash to

come from currently appropriated funds, or, if necessary, by

reprogramming; and

''(2) the Secretary shall compensate Plum Creek for the lands

placed into escrow, based upon the values determined for each

such parcel during the Appraisal process in the context of the

whole estate to be conveyed, through the following, including any

combination thereof:

''(A) conveyance of any other lands under the jurisdiction of

the Secretary acceptable to Plum Creek and the Secretary after

compliance with all applicable Federal environmental and other

laws; and

''(B) to the extent sufficient acceptable lands are not

available pursuant to paragraph (A) of this subsection, cash

payments as and to the extent funds become available through

appropriations, private sources, or, if necessary, by

reprogramming.

The Secretary shall promptly seek to identify lands acceptable to

equalize values under paragraph (A) of this subsection and shall,

not later than July 1, 2000, provide a report to the Congress

outlining the results of such efforts.

''(g) As funds or lands are provided to Plum Creek by the

Secretary, Plum Creek shall release to the United States deeds for

lands and interests in lands held in escrow based on the values

determined during the Appraisal process in the context of the whole

estate to be conveyed. Deeds shall be released for lands and

interests in lands in the following order: Township 21 North, Range

12 East, Section 15, W.M., Township 21 North, Range 12 East,

Section 23, W.M., Township 21 North, Range 12 East, Section 25,

W.M., Township 19 North, Range 13 East, Section 7, Township 19

North, Range 15 East, Section 31, Township 19 North, Range 14 East,

Section 25, Township 22 North, Range 11 East, Section 3, W.M., and

Township 22 North, Range 11 East, Section 19, W.M.

''(i) The deadline for the Report to Congress required by section

609(c) of the Interstate 90 Land Exchange Act of 1998 (section

101(e) (title VI, Sec. 609(c)) of Pub. L. 105-277, set out below)

is hereby extended. Such Report is due to the Congress 18 months

from the date of the enactment of this Interstate 90 Land Exchange

Amendment (Nov. 29, 1999).''

Pub. L. 105-277, div. A, Sec. 101(e) (title VI), Oct. 21, 1998,

112 Stat. 2681-231, 2681-326, as amended by Pub. L. 106-113, div.

B, Sec. 1000(a)(3) (title III, Sec. 346(b)-(e), (h), (j)), Nov. 29,

1999, 113 Stat. 1535, 1501A-204 to 1501A-206, provided that:

''SEC. 601. SHORT TITLE.

''This Act (probably should be ''this title'' meaning Pub. L.

105-277, div. A, Sec. 101(e) (title VI)) may be cited as the

'Interstate 90 Land Exchange Act of 1998'.

''SEC. 602. FINDINGS AND PURPOSE.

''(a) Findings. - Congress finds that -

''(1) certain parcels of private land located in central and

southwest Washington are intermingled with National Forest System

land owned by the United States and administered by the Secretary

of Agriculture as parts of the Mt. Baker-Snoqualmie National

Forest, Wenatchee National Forest, and Gifford Pinchot National

Forest;

''(2) the private land surface estate and some subsurface is

owned by the Plum Creek Timber Company, L.P. in an intermingled

checkerboard pattern, with the United States or Plum Creek owning

alternate square mile sections of land or fractions of square

mile sections;

''(3) the checkerboard land ownership pattern in the area has

frustrated sound and efficient land management on both private

and National Forest lands by complicating fish and wildlife

habitat management, watershed protection, recreation use, road

construction and timber harvest, boundary administration, and

protection and management of threatened and endangered species

and old growth forest habitat;

''(4) acquisition by the United States of certain parcels of

land that have been offered by Plum Creek for addition to the Mt.

Baker-Snoqualmie National Forest and Wenatchee National Forest

will serve important public objectives, including -

''(A) enhancement of public access, aesthetics and recreation

opportunities within or near areas of very heavy public

recreational use including -

''(i) the Alpine Lakes Wilderness Area;

''(ii) the Pacific Crest Trail;

''(iii) Snoqualmie Pass;

''(iv) Cle Elum Lake, Kachess Lake and Keechulus Lake; and

''(v) other popular recreation areas along the Interstate

90 corridor east of the Seattle-Tacoma Metropolitan Area;

''(B) protection and enhancement of old growth forests and

habitat for threatened, endangered and sensitive species,

including a net gain of approximately 28,500 acres of habitat

for the northern spotted owl;

''(C) consolidation of National Forest holdings for more

efficient administration and to meet a broad array of ecosystem

protection and other public land management goals, including

net public gains of approximately 283 miles of stream

ownership, 14 miles of the route of the Pacific Crest Trail,

20,000 acres of unroaded land, and 7,360 acres of riparian

land; and

''(D) a significant reduction in administrative costs to the

United States through -

''(i) consolidation of Federal land holdings for more

efficient land management and planning;

''(ii) elimination of approximately 300 miles of boundary

identification and posting;

''(iii) reduced right-of-way, special use, and other permit

processing and issuance for roads and other facilities on

National Forest System land; and

''(iv) other administrative cost savings;

''(5) Plum Creek has selected certain parcels of National

Forest System land that are logical for consolidation into Plum

Creek ownership utilizing a land exchange because the parcels -

''(A) are intermingled with parcels owned by Plum Creek; and

''(B)(i) are generally located in less environmentally

sensitive areas than the Plum Creek offered land; and

''(ii) have lower public recreation and other public values

than the Plum Creek offered land;

''(6) time is of the essence in consummating a land exchange

because delays may force Plum Creek to road or log the offered

land and thereby diminish the public values for which the offered

land is to be acquired; and

''(7) it is in the public interest to complete the land

exchange at the earliest practicable date so that the offered

land can be acquired and preserved by the United States for

permanent public management, use, and enjoyment.

''(b) Purpose. - It is the purpose of this Act to further the

public interest by authorizing, directing, facilitating, and

expediting the consummation of the Interstate 90 land exchange so

as to ensure that the offered land is expeditiously acquired for

permanent public use and enjoyment.

''SEC. 603. DEFINITIONS.

''In this Act:

''(1) Offered land. - The term 'offered land' means all right,

title and interest, including the surface and subsurface

interests, in land described in section 604(a) to be conveyed

into the public ownership of the United States under this Act.

''(2) Plum creek. - The term 'Plum Creek' means Plum Creek

Timber Company, L.P., a Delaware Limited Partnership, or its

successors, heirs, or assigns.

''(3) Secretary. - The term 'Secretary' means the Secretary of

Agriculture.

''(4) Selected land. - The term 'selected land' means all

right, title and interest, including the surface and subsurface

interests, unless Plum Creek agrees otherwise, in land described

in section 604(b) to be conveyed into the private ownership of

Plum Creek under this Act.

''SEC. 604. LAND EXCHANGE.

''(a) Condition and Conveyance of Offered Land. - The exchange

directed by this Act shall be consummated if Plum Creek conveys

title acceptable to the Secretary in and to the lands described in

subsection (d), the offered lands described in paragraphs (1) and

(2), or, if necessary, the lands and interests in land as provided

in subsection (c) except title to offered lands and interests in

lands described as follows: Township 21 North, Range 12 East,

Section 15, W.M., Township 21 North, Range 12 East, Section 23,

W.M., Township 21 North, Range 12 East, Section 25, W.M., Township

19 North, Range 13 East, Section 7, W.M., Township 19 North, Range

15 East, Section 31, W.M., Township 19 North, Range 14 East,

Section 25, W.M., Township 22 North, Range 11 East, Section 3,

W.M., and Township 22 North, Range 11 East, Section 19, W.M. must

be placed in escrow by Plum Creek, according to terms and

conditions acceptable to the Secretary and Plum Creek, for a 3-year

period beginning on the later of the date of the enactment of this

Act (Oct. 21, 1998) or consummation of the exchange. During the

period the lands are held in escrow, Plum Creek shall not undertake

any activities on these lands, except for fire suppression and road

maintenance, without the approval of the Secretary, which shall not

be unreasonably withheld.

''(1) Certain land comprising approximately 8,808 acres and

located within the exterior boundaries of the Mt.

Baker-Snoqualmie National Forest, Washington, as generally

depicted on a map entitled 'Interstate 90 Land Exchange', dated

October 1998; and

''(2) Certain land comprising approximately 53,576 acres and

located within or adjacent to the exterior boundaries of the

Wenatchee National Forest, Washington, as generally depicted on a

map entitled 'Interstate 90 Land Exchange', dated October 1998

except the following parcels: Township 19 North, Range 15 East,

Section 29, W.M., Township 18 North, Range 15 East, Section 3,

W.M., Township 19 North, Range 14 East, Section 9, W.M., Township

21 North, Range 14 East, Section 7, W.M., Township 22 North,

Range 12 East, Section 35, W.M., Township 22 North, Range 13

East, Section 3, W.M., Township 22 North, Range 13 East, Section

9, W.M., Township 22 North, Range 13 East, Section 11, W.M.,

Township 22 North, Range 13 East, Section 13, W.M., Township 22

North, Range 13 East, Section 15, W.M., Township 22 North, Range

13 East, Section 25, W.M., Township 22 North, Range 13 East,

Section 33, W.M., Township 22 North, Range 13 East, Section 35,

W.M., Township 22 North, Range 14 East, Section 7, W.M., Township

22 North, Range 14 East, Section 9, W.M., Township 22 North,

Range 14 East, Section 11, W.M., Township 22 North, Range 14

East, Section 15, W.M., Township 22 North, Range 14 East, Section

17, W.M., Township 22 North, Range 14 East, Section 21, W.M.,

Township 22 North, Range 14 East, Section 31, W.M., Township 22

North, Range 14 East, Section 27, W.M. The appraisal approved by

the Secretary of Agriculture on June 14, 1999 (the 'Appraisal')

shall be adjusted by subtracting the values for the parcels

described in the preceding sentence determined during the

Appraisal process in the context of the whole estate to be

conveyed.

''(b) Conveyance of Selected Land by the United States. - Upon

receipt of acceptable title to the offered land, as provided in

section 604(a), and placement in escrow of acceptable title to

Township 22 North, Range 11 East, Section 3, W.M., Township 22

North, Range 11 East, Section 19, W.M., Township 21 North, Range 12

East, Section 15, W.M., Township 21 North, Range 12 East, Section

23, W.M., Township 21 North, Range 12 East, Section 25, W.M.,

Township 19 North, Range 13 East, Section 7, W.M., Township 19

North, Range 15 East, Section 31, W.M., and Township 19 North,

Range 14 East, Section 25, W.M., and lands and interests described

in subsection (d), the Secretary shall simultaneously convey to

Plum Creek all right, title and interest of the United States,

subject to valid existing rights, in and to the following selected

land except Township 19 North, Range 10 East, W.M., Section 4,

Township 20 North, Range 10 East, W.M., Section 32, and Township 21

North, Range 14 East, W.M., W 1/2W 1/2 of Section 16, Township 12

North, Range 7 East, Sections 4 and 5, W.M., Township 13 North,

Range 7 East, Sections 32 and 33, W.M., Township 8 North, Range 4

East, Section 17 and the S 1/2 of 16, W.M., which shall be retained

by the United States:

''(1) Certain land administered, as of the date of enactment of

this Act (Oct. 21, 1998), by the Secretary of Agriculture as part

of the Mt. Baker-Snoqualmie National Forest, Washington, and

comprising approximately 5,697 acres, as generally depicted on a

map entitled 'Interstate 90 Land Exchange', dated October 1998.

''(2) Certain land administered, as of the date of enactment of

this Act, by the Secretary of Agriculture as part of the

Wenatchee National Forest, Washington, and comprising

approximately 5,197 acres, as generally depicted on a map

entitled 'Interstate 90 Land Exchange', dated October 1998.

''(3) Certain land administered, as of the date of enactment of

this Act, by the Secretary of Agriculture as part of the Gifford

Pinchot National Forest, Washington, and comprising approximately

5,601 acres, as generally depicted on a map entitled 'Interstate

90 Land Exchange', dated October 1998.

''(c) Offered Land Title. - If Plum Creek conveys title

acceptable to the Secretary to less than all rights and interests

in the offered lands, but conveys title acceptable to the Secretary

to all rights and interests that Plum Creek owns and acquires under

previous agreements in the lands described in subsection (d), the

offered lands, and lands on the east and west sides of Cle Elum

Lake, comprising approximately 252 acres, described as Township 21

North, Range 14 East, Section 5, and Lost Lake lands comprising

approximately 272 acres, described as Township 21 North, Range 11

East, W 1/2 of Section 3, the Secretary shall convey to Plum Creek

all rights and interest in the selected land after the values of

the offered and selected land are equalized. The values of the

offered and selected lands shall be equalized as provided in

section 605(c)-(e) without regard to the value of lands described

in subsection (d) or the Cle Elum or Lost Lake lands.

''(d) Land Donation. - Plum Creek agrees that it will convey, in

the form of a voluntary donation, title acceptable to the Secretary

in and to lands and interests in lands comprising approximately 320

acres, described as Township 22 North, Range 11 East, S 1/2 of

Section 13, if Plum Creek conveys title to lands and interests

pursuant to subsections (a) or (c). It is the intention of Congress

that any portion of such donated land which the Secretary

determines qualifies as wilderness be, upon the date of its

acquisition by the United States, incorporated in and managed as

part of the adjacent Alpine Lakes Wilderness (as designated by

Public Law 94-357) in accordance with section 6(a) of the

Wilderness Act (16 U.S.C. 1135).

''SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.

''(a) Equal Value Exchange. -

''(1) In general. - The values of the offered and selected land

-

''(A) shall be equal; or

''(B) if the values are not equal, shall be equalized as set

forth in subsections (c)-(e).

''(2) Appraisal assumption. - In order to ensure the equitable

and uniform appraisal of both the offered and selected land

directed for exchange by this Act, all appraisals shall determine

the highest and best use of the offered and selected land in

accordance with applicable provisions of the Washington State

Forest Practices Act and rules and regulations thereunder,

including alternative measures for protecting critical habitat

pursuant to a habitat conservation plan as provided in Washington

Administrative Code 222-16-080-(6).

''(3) Appraisals. - The values of the offered land and selected

land shall be determined by appraisals utilizing nationally

recognized appraisal standards, including applicable provisions

of the Uniform Appraisal Standards for Federal Land Acquisitions

(1992), the Uniform Standards of Professional Appraisal Practice,

and section 206(d) of the Federal Land Policy and Management Act

of 1976, as amended (43 U.S.C. 1716(d)).

''(4) Approval by the Secretary. - The appraisals, if not

already completed by the date of enactment of this Act (Oct. 21,

1998), shall be completed and submitted to the Secretary for

approval not later than 180 days after the date of enactment of

this Act: Provided, That all timber harvest cease no later than

November 30, 1998, except for any cleanup, reforestation, or

other post-harvest work which cannot be completed by November 30,

1998. A comprehensive summary of the appraisal consistent with 7

CFR Part 1.11 shall be made available for public inspection in

the Office of the Supervisor, Wenatchee National Forest, not less

than 30 days nor more than 45 days prior to the exchange of

deeds.

''(b) Appraisal Period. - After the final appraised values of the

offered and selected lands, or any portion of the land, have been

approved by the Secretary or otherwise determined under section

206(d) of the Federal Land Policy and Management Act (43 U.S.C.

1716(d)), the value shall not be reappraised or updated before

consummation of the land exchange, except to account for any timber

harvest that might occur after completion of the final appraisal,

or for any adjustments under section 606(g).

''(c) Equalization if Surplus of Offered Land. -

''(1) In general. - If the final appraised value of the offered

land or lands and interest in lands conveyed by Plum Creek under

section 604(c), except for the Cle Elum and Lost Lake lands,

exceeds the final appraised value of the selected land, Plum

Creek shall delete offered land parcels from the exchange in the

exact order each land Section (or offered portion thereof) is

listed in paragraph (2) until the values are approximately equal.

''(2) Order of deletion. - Offered land deletions under

paragraph (1) shall be made in the following order:

''(A) Township 22 North, Range 13 East, Section 31,

Willamette Meridian;

''(B) Township 21 North, Range 11 East, Section 35;

''(C) Township 19 North, Range 11 East, Section 35;

''(D) Township 19 North, Range 12 East, Section 1;

''(E) Township 20 North, Range 11 East, Sections 1 and 13;

''(F) Township 19 North, Range 12 East, Section 15;

''(G) Township 20 North, Range 11 East, Section 11;

''(H) Township 21 North, Range 11 East, Section 27;

''(I) Township 19 North, Range 13 East, Sections 27 and 15;

''(J) Township 21 North, Range 11 East, Sections 21 and 25;

''(K) Township 19 North, Range 11 East, Section 23;

''(L) Township 19 North, Range 13 East, Sections 21, 9 and

35;

''(M) Township 20 North, Range 12 East, Sections 35 and 27;

''(N) Township 19 North, Range 12 East, Section 11;

''(O) Township 21 North, Range 11 East, Section 17;

''(P) Township 21 North, Range 11 East, Section 5;

''(Q) Township 18 North, Range 15 East, Section 3;

''(R) Township 19 North, Range 14 East, Section 25;

''(S) Township 19 North, Range 15 East, Sections 29 and 31;

and

''(T) Township 19 North, Range 13 East, Section 7.

''(d) Equalization if Surplus of Selected Land. -

''(1) In general. - If the final appraised value of the

selected land exceeds the final appraised value of the offered

land or lands and interest in lands conveyed by Plum Creek under

section 604(c), except for the Cle Elum and Lost Lake lands, the

Secretary shall delete selected land parcels from the exchange in

the exact order each land Section (or selected portion thereof)

is listed in paragraph (2) until the values are approximately

equal.

''(2) Order of deletion. - Selected land deletions under

paragraph 1 shall be made in the following listed order:

''(A) the portion of Township 20 North, Range 11 East,

Section 30 lying east of the thread of Sawmill Creek;

''(B) the portion of Township 19 North, Range 11 East,

Section 6 lying east of the thread of Sawmill Creek;

''(C) Township 20 North, Range 11 East, Section 32;

''(D) Township 21 North, Range 14 East, Sections 28, 22, 36,

26 and 16;

''(E) Township 18 North, Range 15 East, Sections 13, 12 and

2;

''(F) Township 18 North, Range 15 East, Section 1; and

''(G) Township 18 North, Range 15 East, Section 17,

Willamette Meridian.

''(e) Once the values of the offered and selected lands are

equalized to the maximum extent practicable under subsections (c)

or (d), any cash equalization balance due the Secretary or Plum

Creek shall be made through cash equalization payments under

subsection 206(b) of the Federal Land Policy and Management Act of

1976 (43 U.S.C. 1716(b)).

''(f) Use of Proceeds by the Secretary. - The amount of any cash

equalization payment received by the Secretary under this section

shall be retained by the Secretary and shall be used by the

Secretary until fully expended to purchase land from willing

sellers in the State of Washington for addition to the National

Forest System.

''SEC. 606. MISCELLANEOUS PROVISIONS.

''(a) Status of Lands After Exchange. -

''(1) Land acquired by the secretary. -

''(A) In general. - Land acquired by the Secretary under this

Act shall become part of the Mt. Baker-Snoqualmie, Gifford

Pinchot or Wenatchee National Forests, as appropriate.

''(B) Modification of boundaries. -

''(1) If any land acquired by the Secretary lies outside

the exterior boundaries of the national forests identified in

subparagraph (A), the boundaries of the appropriate national

forest are hereby modified to include such land.

''(2) Nothing in this section shall limit the authority of

the Secretary to adjust the boundaries of such National

Forests pursuant to section 11 of the Act of March 1, 1911

(commonly known as the 'Weeks Act') (16 U.S.C. 521).

''(3) For purposes of section 7 of the Land and Water

Conservation Fund Act of 1965 (16 U.S.C. 4601-9 (460l-9)) the

boundaries of Mt. Baker-Snoqualmie, Wenatchee and Gifford

Pinchot as modified by this Act shall be considered to be the

boundaries of such forests as of January 1, 1965.

''(C) Management. - Land acquired by the Secretary under this

Act shall have the status of lands acquired under the Act of

March 1, 1911 (act Mar. 1, 1911, ch. 186, 36 Stat. 961, see

Tables for classification) and shall be managed in accordance

with the laws, rules, regulations and guidelines applicable to

the National Forest System.

''(2) Land acquired by plum creek. - Land acquired by Plum

Creek under this Act shall become private land for all purposes

of law, unless the deed by which conveyance is made to Plum Creek

contains a specific reservation.

''(b) Post-Exchange Access to Land. -

''(1) Finding. - Congress finds that Plum Creek and the

Secretary should have adequate and timely post-exchange access to

lands acquired pursuant to this Act over existing primary,

secondary, or other national forest system roads as may be

needed.

''(2) Intention. - It is the intention of Congress that Plum

Creek have access to all lands it acquires under this Act, and

when such access requires construction of new roads, it shall be

granted in compliance with the National Environmental Policy Act

(of 1969) (42 U.S.C. 4321 et seq.), the Endangered Species Act

(of 1973) (16 U.S.C. 1531 et seq.), the National Historic

Preservation Act (16 U.S.C. 470 et seq.), and other applicable

laws, rules, and regulations.

''(3) Access within cost share agreement areas. - Within Cost

Share Construction and Use Agreement Areas, Plum Creek and the

Secretary will convey road access, at no cost, to the lands

acquired by each party upon consummation of the exchange pursuant

to this Act in accordance with the appropriate terms and

procedures of said cost share construction and use agreements.

''(4) Access outside cost share agreement areas. - Outside of

Cost Share Construction and Use Agreement Areas, the Secretary

shall grant Plum Creek road access easements at no cost in a form

set out in Forest Service Handbook 2709.12, 35. In the case of

new road construction, they shall conform to the Secretary's

rules and regulations 36 CFR 251, subpart B, for the roads

identified on the map entitled 'Plum Creek Access Road Needs',

dated September 1998, including mitigation under existing law.

''(c) Access to Certain Lands Acquired by the United States. -

Outside of Cost Share Construction and Use Agreement Areas, Plum

Creek shall grant the Secretary road access easements at no cost on

the locations identified by the Secretary in a format acceptable to

the Secretary.

''(d) Timing. - The Secretary and Plum Creek shall make the

adjustments directed in section 604(a) and (b) and consummate the

land exchange within 30 days of the enactment of the Interstate 90

Land Exchange Amendment (Nov. 29, 1999), unless the Secretary and

Plum Creek mutually agree to extend the consummation date.

''(e) Withdrawal of Selected Land. - Effective upon the date of

enactment of this Act (Oct. 21, 1998), all selected land identified

for exchange to Plum Creek under section 604(b) is hereby withdrawn

from all forms of entry and appropriation under the U.S. mining and

mineral leasing laws, including the Geothermal Steam Act of 1970

(30 U.S.C. 1001 et seq.), until such time as the exchange is

consummated, or until a particular parcel or parcels are deleted

from the exchange under section 605(d).

''(f) Withdrawal of Cle Elum River Lands. - Lands acquired by the

Secretary under this Act that are located in Township 23 North,

Range 14 East, and Township 22 North, Range 14 East, Willamette

Meridian, shall upon the date of their acquisition be permanently

withdrawn from all forms of entry and appropriation under the U.S.

mining and mineral leasing laws, including the Geothermal Steam Act

of 1970 (30 U.S.C. 1001 et seq.).

''(g) Parcels Subject to Historic or Cultural Resource

Restrictions. -

''(1) Report to plum creek. - No later than 180 days after

enactment of this Act (Oct. 21, 1998), the Secretary shall

complete determinations and consultation under the National

Historic Preservation Act (16 U.S.C. 470 et seq.) and submit a

report to Plum Creek and other consulting parties under the

National Historic Preservation Act listing by exact aliquot part

description any parcel or parcels of selected land on which

cultural properties have been identified and for which

protection, use restrictions or mitigation requirements will be

imposed. Such report shall include an exact description of each

restriction or mitigation action required.

''(2) Plum creek response. - Within 30 days of receipt of the

Secretary's report under paragraph (1), Plum Creek shall notify

the Secretary as to: (i) those parcels it will accept subject to

the identified use restrictions or mitigation requirements; and

(ii) those parcels it will not accept because the restrictions or

mitigation requirements are deemed by Plum Creek to be an

unacceptable encumbrance on the land.

''(3) Parcel deletion. - The Secretary shall delete from the

selected land those parcels identified by Plum Creek as

unacceptable for conveyance under paragraph (2).

''(4) Appraisal adjustment. - The fair market value of any

parcels deleted under paragraph (3), or any modification in fair

market value caused by the use restrictions or mitigation

requirements on land accepted by Plum Creek, shall be based on

their contributory value to the final approved appraised value of

the selected land and subtracted from such value prior to

consummation of the exchange.

''(h) Access Limitation. - The Secretary shall not grant any road

easements that would access the offered lands listed in section

604(a) prior to consummation of the exchange: Provided, That this

provision shall not apply should either party withdraw from the

exchange.

''SEC. 607. LAND PURCHASE.

''(a) Finding. - The Congress finds that certain lands owned by

Plum Creek in the vicinity of the offered lands (but which are not

included in the land exchange under this Act, or are deleted under

section 605(c)) are highly desirable for addition to the National

Forest System, and that Plum Creek has indicated its willingness to

sell certain such lands to the United States. It is the intention

of Congress that such lands be acquired by the United States,

subject to the availability of funds, by purchase at fair market

value consistent with the land acquisition procedures of the

Secretary, and with the consent of Plum Creek, in order to preserve

their outstanding scenic and natural values for the benefit of

future generations.

''(b) Purchase Consultation. - In furtherance of subsection (a),

the Secretary is authorized and directed to consult with Plum Creek

to determine the precise lands Plum Creek is willing to sell.

''(c) Other Agreements. - Nothing in this Act shall be construed

to prohibit the Secretary from entering into additional agreements

or contracts with Plum Creek to purchase, exchange or otherwise

acquire lands from Plum Creek in Washington or any other state

under the laws, rules and regulations generally applicable to

Federal land acquisitions.

''SEC. 608. TIETON RIVER STUDY.

''The Secretary is authorized and directed to consult with Plum

Creek concerning opportunities for the United States to acquire by

exchange or purchase Plum Creek lands along the Tieton River in

Township 14 North, Range 15 East, Willamette Meridian.

''SEC. 609. FUTURE LAND EXCHANGE OPPORTUNITY.

''(a) Finding. - The Congress finds that certain lands which were

identified for exchange to the United States in the I-90 Land

Exchange process have been, or may be, deleted from the final

exchange under this Act due to value equalization or other

reasons. However, some or all of such deleted lands, or other Plum

Creek lands, may possess attributes that merit their conveyance to

the United States in a follow-up land exchange, including lands in

or around the Carbon River, the Yakima River, the Pacific Crest

Trail, Watch Mountain and Goat Mountain on the Gifford Pinchot

National Forest, the Green River and the Manastash late

successional reserve.

''(b) Future Exchange. - In furtherance of subsection (a), the

Secretary is authorized and directed to consult with Plum Creek in

examining opportunities for the United States to acquire such

deleted lands, or other Plum Creek lands in the State of

Washington, in a future exchange.

''(c) Report to Congress. - Not later than 18 months after the

date of enactment of this Act (Oct. 21, 1998), the Secretary shall

submit a report to the Committee on Energy and Natural Resources of

the United States Senate and the Committee on Resources of the

United States House of Representatives briefly outlining future

land exchange opportunities with Plum Creek, including those for

which the Secretary is required to consult under section 608, which

the Secretary determines merit detailed analysis and

consideration. The Secretary should identify the most urgent

acquisitions for purchase or exchange in the report.

''SEC. 610. WILDERNESS STUDY AREA.

''In furtherance of the purposes of the Wilderness Act (16 U.S.C.

1131 et seq.), if the land exchange directed by this Act is

consummated, the area of land comprising approximately 15,000

acres, as generally depicted on a map entitled 'Alpine Lakes

Wilderness Study Area', dated October 1998, shall be reviewed by

the Secretary of Agriculture as to its suitability for preservation

as wilderness. The Secretary shall submit a report and findings to

the President, and the President shall submit his recommendations

to the United States House of Representatives and United States

Senate no later than three years after the first date on which

deeds are exchanged to consummate the land exchange. Subject to

valid existing rights and existing uses, such lands shall, until

Congress determines otherwise or until December 31, 2003, be

administered by the Secretary to maintain their wilderness

character existing as of the date of enactment of this Act and

potential for inclusion in the National Wilderness Preservation

System, and shall be withdrawn from all forms of entry and

appropriation under the U.S. mining and mineral leasing laws,

including the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et

seq.).

''SEC. 611. KELLY BUTTE SPECIAL MANAGEMENT AREA.

''(Enacted this section.)

''SEC. 612. EFFECT ON COUNTY REVENUES.

''The Secretary shall consult with the appropriate Committees of

Congress, and local elected officials in the counties in the State

of Washington in which the offered lands are located, regarding

options to minimize the adverse effect on county revenues of the

transfer of the offered lands from private to Federal ownership.''

-CITE-

16 USC Sec. 539l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539l. Designation of James Peak Protection Area, Colorado

-STATUTE-

(a) Findings and purpose

(1) Findings

The Congress finds the following:

(A) The lands covered by this section include important

resources and values, including wildlife habitat, clean water,

open space, and opportunities for solitude.

(B) These lands also include areas that are suitable for

recreational uses, including use of snowmobiles in times of

adequate snow cover as well as use of other motorized and

nonmotorized mechanical devices.

(C) These lands should be managed in a way that affords

permanent protection to their resources and values while

permitting continued recreational uses in appropriate locales

and subject to appropriate regulations.

(2) Purpose

The purpose of this section is to provide for management of

certain lands in the Arapaho/Roosevelt National Forest in a

manner consistent with the 1997 Revised Land and Resources

Management Plan for this forest in order to protect the natural

qualities of these areas.

(b) Designation

The approximately 16,000 acres of land in the Arapaho/Roosevelt

National Forest generally depicted on the map entitled ''Proposed

James Peak Protection Area'', dated September 2001, are hereby

designated as the James Peak Protection Area (hereafter in this Act

referred to as the ''Protection Area'').

(c) Map and boundary description

As soon as practicable after August 21, 2002, the Secretary shall

file with the Committee on Resources of the House of

Representatives and the Committee on Energy and Natural Resources

of the Senate a map and a boundary description of the Protection

Area. The map and boundary description shall have the same force

and effect as if included in this Act, except that the Secretary

may correct clerical and typographical errors in the map and

boundary description. The map and boundary description shall be on

file and available for public inspection in the office of the Chief

of the Forest Service, Department of Agriculture, and in the office

of the Forest Supervisor of the Arapaho/Roosevelt National Forest.

(d) Management

(1) In general

Except as otherwise provided in this section, the Protection

Area shall be managed and administered by the Secretary in the

same manner as the management area prescription designations

identified for these lands in the 1997 Revision of the Land and

Resource Management Plan for the Arapaho/Roosevelt National

Forest and the Pawnee National Grasslands. Such management and

administration shall be in accordance with the following:

(A) Grazing

Nothing in this Act, including the establishment of the

Protection Area, shall affect grazing on lands within or

outside of the Protection Area.

(B) Mining withdrawal

Subject to valid existing rights, all Federal land within the

Protection Area and all land and interests in land acquired for

the Protection Area by the United States are withdrawn from -

(i) all forms of entry, appropriation, or disposal under

the public land laws;

(ii) location, entry, and patent under the mining laws; and

(iii) the operation of the mineral leasing, mineral

materials, and geothermal leasing laws, and all amendments

thereto.

Nothing in this subparagraph shall be construed to affect

discretionary authority of the Secretary under other Federal

laws to grant, issue, or renew rights-of-way or other land use

authorizations consistent with the other provisions of this

Act.

(C) Motorized and mechanized travel

(i) Review and inventory

Not later than two years after August 21, 2002, the

Secretary, in consultation with interested parties, shall

complete a review and inventory of all roads and trails in

the Protection Area on which use was allowed on September 10,

2001, except those lands managed under the management

prescription referred to in subparagraph (F). During the

review and inventory, the Secretary may -

(I) connect existing roads and trails in the inventoried

area to other existing roads and trails in the inventoried

area for the purpose of mechanized and other nonmotorized

use on any lands within the Protection Area as long as

there is no net gain in the total mileage of either roads

or trails open for public use within the Protection Area;

and

(II) close or remove roads or trails within the

Protection Area that the Secretary determines to be

undesirable, except those roads or trails managed pursuant

to paragraph (2) of this subsection or subsection (e)(3) of

this section.

(ii) After completion of inventory

After completion of the review and inventory required by

clause (i), the Secretary shall ensure that motorized and

mechanized travel within the Protection Area shall be

permitted only on those roads and trails identified as open

to use in the inventory or established pursuant to

subparagraph (D).

(D) New roads and trails

No new roads or trails shall be established within the

Protection Area except those which the Secretary shall

establish as follows:

(i) Roads and trails established to replace roads or trails

of the same character and scope which have become

nonserviceable through reasons other than neglect.

(ii) Nonpermanent roads as needed for hazardous fuels

reduction or other control of fire, insect or disease control

projects, or other management purposes.

(iii) Roads determined to be appropriate for reasonable

access under section 539l-1(b)(2) of this title.

(iv) A loop trail established pursuant to section 539l-3 of

this title.

(v) Construction of a trail for nonmotorized use following

the corridor designated as the Continental Divide Trail.

(E) Timber harvesting

No timber harvesting shall be allowed within the Protection

Area except to the extent needed for hazardous fuels reduction

or other control of fire, insect or disease control projects,

or protection of public health or safety.

(F) Special interest area

The management prescription applicable to the lands described

in the 1997 Revision of the Land and Resource Management Plan

as the James Peak Special Interest Area shall also be

applicable to all the lands in the Protection Area that are

bounded on the north by Rollins Pass Road, on the east by the

Continental Divide, and on the west by the 11,300 foot

elevation contour as shown on the map referred to in subsection

(b) of this section. In addition, motorized vehicle use shall

not be permitted on any part of the Rogers Pass trail.

(2) Natural gas pipeline

The Secretary shall allow for maintenance of rights-of-ways and

access roads located within the Protection Area to the extent

necessary to operate the natural gas pipeline permitted under the

Arapaho/Roosevelt National Forest master permit numbered 4138.01

in a manner that avoids negative impacts on public safety and

allows for compliance with Federal pipeline safety requirements.

Such maintenance may include vegetation management, road

maintenance, ground stabilization, and motorized vehicle access.

(3) Permanent Federal ownership

All right, title, and interest of the United States, held on or

acquired after August 21, 2002, to lands within the boundaries of

the Protection Area shall be retained by the United States.

(e) Issues related to water

(1) Statutory construction

(A) Nothing in this Act shall constitute or be construed to

constitute either an express or implied reservation of any water

or water rights with respect to the lands within the Protection

Area.

(B) Nothing in this Act shall affect any conditional or

absolute water rights in the State of Colorado existing on August

21, 2002.

(C) Nothing in this subsection shall be construed as

establishing a precedent with regard to any future protection

area designation.

(D) Nothing in this Act shall be construed as limiting,

altering, modifying, or amending any of the interstate compacts

or equitable apportionment decrees that apportion water among and

between the State of Colorado and other States.

(2) Colorado water law

The Secretary shall follow the procedural and substantive

requirements of the law of the State of Colorado in order to

obtain and hold any new water rights with respect to the

Protection Area.

(3) Water infrastructure

Nothing in this Act (including the provisions related to

establishment or management of the Protection Area) shall affect,

impede, interfere with, or diminish the operation, existence,

access, maintenance, improvement, or construction of water

facilities and infrastructure, rights-of-way, or other

water-related property, interests, and uses, (including the use

of motorized vehicles and equipment existing or located on lands

within the Protection Area) on any lands except those lands

managed under the management prescription referred to in

subsection (d)(1)(F) of this section.

-SOURCE-

(Pub. L. 107-216, Sec. 3, Aug. 21, 2002, 116 Stat. 1056.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 107-216, Aug. 21, 2002,

116 Stat. 1055, which is classified principally to sections 539l to

539l-5 of this title. For complete classification of this Act to

the Code, see Short Title note below and Tables.

The public land laws, referred to in subsec. (d)(1)(B)(i), are

classified generally to Title 43, Public Lands.

The mining laws, referred to in subsec. (d)(1)(B)(ii), are

classified generally to Title 30, Mineral Lands and Mining.

The mineral leasing laws, referred to in subsec. (d)(1)(B)(iii),

are classified generally to Title 30, Mineral Lands and Mining.

The geothermal leasing laws, referred to in subsec.

(d)(1)(B)(iii), are classified principally to chapter 23 (Sec. 1001

et seq.) of Title 30, Mineral Lands and Mining.

-MISC2-

SHORT TITLE

Pub. L. 107-216, Sec. 1, Aug. 21, 2002, 116 Stat. 1055, provided

that: ''This Act (enacting this section and sections 539l-1 to

539l-5 of this title and enacting and amending provisions listed in

a table of Wildernesss Areas set out under section 1132 of this

title) may be cited as the 'James Peak Wilderness and Protection

Area Act'.''

-CROSS-

''SECRETARY'' DEFINED

Pub. L. 107-216, Sec. 2(c), Aug. 21, 2002, 116 Stat. 1056,

provided in part that in sections 539l to 539l-5 of this title

''Secretary'' means the Secretary of Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 539l-3 of this title.

-CITE-

16 USC Sec. 539l-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539l-1. Inholdings

-STATUTE-

(a) State Land Board lands

If the Colorado State Land Board informs the Secretary that the

Board is willing to transfer to the United States some or all of

the lands owned by the Board located within the Protection Area,

the Secretary shall promptly seek to reach agreement with the Board

regarding terms and conditions for acquisition of such lands by the

United States by purchase or exchange.

(b) Jim Creek inholding

(1) Acquisition of lands

The Secretary shall enter into negotiations with the owner of

lands located within the portion of the Jim Creek drainage within

the Protection Area for the purpose of acquiring the lands by

purchase or exchange, but the United States shall not acquire

such lands without the consent of the owner of the lands.

(2) Landowner rights

Nothing in this Act shall affect any rights of the owner of

lands located within the Jim Creek drainage within the Protection

Area, including any right to reasonable access to such lands by

motorized or other means as determined by the Forest Service and

the landowner consistent with applicable law and relevant and

appropriate rules and regulations governing such access.

(c) Report

(1) In general

The Secretary shall submit to the Committee on Resources of the

House of Representatives and the Committee on Energy and Natural

Resources of the Senate a report concerning any agreement or the

status of negotiations conducted pursuant to -

(A) subsection (a) of this section, upon conclusion of an

agreement for acquisition by the United States of lands

referred to in subsection (a) of this section, or 1 year after

August 21, 2002, whichever occurs first; and

(B) subsection (b) of this section, upon conclusion of an

agreement for acquisition by the United States of lands

referred to in subsection (b) of this section, or 1 year after

August 21, 2002, whichever occurs first.

(2) Funding information

The report required by this subsection shall indicate to what

extent funds are available to the Secretary as of the date of the

report for the acquisition of the relevant lands and whether

additional funds need to be appropriated or otherwise made

available to the Secretary for such purpose.

(d) Management of acquisitions

Any lands within the James Peak Wilderness or the Protection Area

acquired by the United States after August 21, 2002, shall be added

to the James Peak Wilderness or the Protection Area, respectively,

and managed accordingly.

-SOURCE-

(Pub. L. 107-216, Sec. 4, Aug. 21, 2002, 116 Stat. 1059.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(2), is Pub. L. 107-216, Aug.

21, 2002, 116 Stat. 1055, which is classified principally to

sections 539l to 539l-5 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

539l of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 539l, 539l-3, 539l-5 of

this title.

-CITE-

16 USC Sec. 539l-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539l-2. James Peak Fall River trailhead

-STATUTE-

(a) Services and facilities

Following the consultation required by subsection (c) of this

section, the Forest Supervisor of the Arapaho/Roosevelt National

Forest in the State of Colorado (in this section referred to as the

''Forest Supervisor'') shall establish a trailhead and

corresponding facilities and services to regulate use of National

Forest System lands in the vicinity of the Fall River basin south

of the communities of Alice Township and St. Mary's Glacier in the

State of Colorado. The facilities and services shall include the

following:

(1) Trailhead parking.

(2) Public restroom accommodations.

(3) Trailhead and trail maintenance.

(b) Personnel

The Forest Supervisor shall assign Forest Service personnel to

provide appropriate management and oversight of the area described

in subsection (a) of this section.

(c) Consultation

The Forest Supervisor shall consult with the Clear Creek County

commissioners and with residents of Alice Township and St. Mary's

Glacier regarding -

(1) the appropriate location of facilities and services in the

area described in subsection (a) of this section; and

(2) appropriate measures that may be needed in this area -

(A) to provide access by emergency or law enforcement

vehicles;

(B) for public health; and

(C) to address concerns regarding impeded access by local

residents.

(d) Report

After the consultation required by subsection (c) of this

section, the Forest Supervisor shall submit to the Committee on

Resources and the Committee on Appropriations of the House of

Representatives and the Committee on Energy and Natural Resources

and the Committee on Appropriations of the Senate a report

regarding the amount of any additional funding required to

implement this section.

-SOURCE-

(Pub. L. 107-216, Sec. 5, Aug. 21, 2002, 116 Stat. 1060.)

-CITE-

16 USC Sec. 539l-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539l-3. Loop trail study; authorization

-STATUTE-

(a) Study

Not later than three years after funds are first made available

for this purpose, the Secretary, in consultation with interested

parties, shall complete a study of the suitability and feasibility

of establishing, consistent with the purpose set forth in section

539l(a)(2) of this title, a loop trail for mechanized and other

nonmotorized recreation connecting the trail designated as ''Rogers

Pass'' and the trail designated as ''Rollins Pass Road''.

(b) Establishment

If the results of the study required by subsection (a) of this

section indicate that establishment of such a loop trail would be

suitable and feasible, consistent with the purpose set forth in

section 539l(a)(2) of this title, the Secretary shall establish the

loop trail in a manner consistent with that purpose.

-SOURCE-

(Pub. L. 107-216, Sec. 6, Aug. 21, 2002, 116 Stat. 1060.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 539l of this title.

-CITE-

16 USC Sec. 539l-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539l-4. Other administrative provisions

-STATUTE-

(a) Buffer zones

The designation by this Act or by amendments made by this Act of

wilderness areas and the Protection Area in the State of Colorado

shall not create or imply the creation of protective perimeters or

buffer zones around any wilderness area or the Protection Area. The

fact that nonwilderness activities or uses can be seen or heard

from within a wilderness area or Protection Area shall not, of

itself, preclude such activities or uses up to the boundary of the

wilderness area or the Protection Area.

(b) Rollins Pass Road

If requested by one or more of the Colorado Counties of Grand,

Gilpin, and Boulder, the Secretary shall provide technical

assistance and otherwise cooperate with respect to repairing the

Rollins Pass road in those counties sufficiently to allow

two-wheel-drive vehicles to travel between Colorado State Highway

119 and U.S. Highway 40. If this road is repaired to such extent,

the Secretary shall close the motorized roads and trails on Forest

Service land indicated on the map entitled ''Rollins Pass Road

Reopening: Attendant Road and Trail Closures'', dated September

2001.

-SOURCE-

(Pub. L. 107-216, Sec. 7, Aug. 21, 2002, 116 Stat. 1060.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 107-216, Aug.

21, 2002, 116 Stat. 1055, which is classified principally to

sections 539l to 539l-5 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

539l of this title and Tables.

-CITE-

16 USC Sec. 539l-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION

-HEAD-

Sec. 539l-5. Wilderness potential

-STATUTE-

(a) In general

Nothing in this Act shall preclude or restrict the authority of

the Secretary to evaluate the suitability of lands in the

Protection Area for inclusion in the National Wilderness

Preservation System or to make recommendations to Congress for such

inclusion.

(b) Evaluation of certain lands

In connection with the first revision of the land and resources

management plan for the Arapaho/Roosevelt National Forest after

August 21, 2002, the Secretary shall evaluate the suitability of

the lands managed under the management prescription referred to in

section 539l(d)(1)(F) of this title for inclusion in the National

Wilderness Preservation System and make recommendations to Congress

regarding such inclusion.

-SOURCE-

(Pub. L. 107-216, Sec. 8, Aug. 21, 2002, 116 Stat. 1061.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 107-216, Aug.

21, 2002, 116 Stat. 1055, which is classified principally to

sections 539l to 539l-5 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

539l of this title and Tables.

-CITE-

16 USC SUBCHAPTER II - SCENIC AREAS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

.

-HEAD-

SUBCHAPTER II - SCENIC AREAS

-CITE-

16 USC Sec. 541 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541. Cascade Head Scenic-Research Area; establishment

-STATUTE-

In order to provide present and future generations with the use

and enjoyment of certain ocean headlands, rivers, streams,

estuaries, and forested areas, to insure the protection and

encourage the study of significant areas for research and

scientific purposes, and to promote a more sensitive relationship

between man and his adjacent environment, there is hereby

established, subject to valid existing rights, the Cascade Head

Scenic-Research Area (hereinafter referred to as ''the Area'') in

the Siuslaw National Forest in the State of Oregon.

-SOURCE-

(Pub. L. 93-535, Sec. 1, Dec. 22, 1974, 88 Stat. 1732.)

-CITE-

16 USC Sec. 541a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541a. Administration, protection, development, and regulation

of use

-STATUTE-

The administration, protection, development, and regulation of

use of the Area shall be by the Secretary of Agriculture

(hereinafter referred to as the ''Secretary'') in accordance with

the laws, rules, and regulations applicable to national forests, in

such manner as in his judgment will best contribute to attainment

of the purpose of this subchapter.

-SOURCE-

(Pub. L. 93-535, Sec. 2, Dec. 22, 1974, 88 Stat. 1732.)

-CITE-

16 USC Sec. 541b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541b. Boundaries of scenic-research area; adjustments to

subarea boundaries; development of management plan;

establishment of subareas; management objectives

-STATUTE-

(a) Boundaries; adjustments to boundaries of subareas

The boundaries of the Area, and the boundaries of the subareas

included therein, shall be those shown on the map entitled

''Proposed Cascade Head Scenic-Research Area'', dated June 1974,

which is on file and available for public inspection in the office

of the Chief, Forest Service, United States Department of

Agriculture: Provided, That, from time to time, the Secretary may,

after public hearing or other appropriate means for public

participation, make adjustments in the boundaries of subareas to

reflect changing natural conditions or to provide for more

effective management of the Area and each of the subareas in

accordance with the purposes and provisions of this subchapter.

(b) Management plan; development; time; contents

As soon as practicable after December 22, 1974, the Secretary

shall, with provisions for appropriate public participation in the

planning process, develop a comprehensive management plan for the

Area. Said plan shall prescribe specific management objectives and

management controls necessary for the protection, management, and

development of the Area and each of the subareas established

pursuant to subsection (c) of this section.

(c) Subareas; establishment; management objectives

Within the Area, the following subareas shall be established and

shall be managed in accord with the following primary management

objectives which shall be supplemental to the general management

objectives applicable to the entire Area:

(1) Estuary and Associated Wetlands Sub-area: An area managed

to protect and perpetuate the fish and wildlife, scenic, and

research-education values, while allowing dispersed recreation

use, such as sport fishing, nonmotorized pleasure boating,

waterfowl hunting, and other uses which the Secretary determines

are compatible with the protection and perpetuation of the unique

natural values of the subarea. After appropriate study,

breaching of existing dikes may be permitted within the subarea.

(2) Lower Slope-Dispersed Residential Subarea: An area managed

to maintain the scenic, soil and watershed, and fish and wildlife

values, while allowing dispersed residential occupancy, selective

recreation use, and agricultural use.

(3) Upper Timbered Slope and Headlands Subareas: Areas managed

to protect the scenic, soil and watershed, and fish and wildlife

values while allowing selective recreation and extensive

research-educational activities. Timber harvesting activity may

occur in these subareas only when the Secretary determines that

such harvesting is to be conducted in connection with research

activities or that the preservation of the timber resource is

imminently threatened by fire, old age, infestation, or similar

natural occurrences.

(4) Coastline and Sand Dune-Spit Subareas: Areas managed to

protect and maintain the scenic and wildlife values while

allowing selective recreation and extensive research-educational

activities.

-SOURCE-

(Pub. L. 93-535, Sec. 3, Dec. 22, 1974, 88 Stat. 1732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 541c of this title.

-CITE-

16 USC Sec. 541c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541c. Extension of boundaries of Siuslaw National Forest;

transfer of Federal property to Secretary

-STATUTE-

(a) The boundaries of the Siuslaw National Forest are hereby

extended to include all of the lands lying within the Area as

described in accordance with section 541b of this title which are

not within the national forest boundaries on December 22, 1974.

(b) Notwithstanding any other provision of law, any Federal

property located on the lands added to the Siuslaw National Forest

by this section may, with the concurrence of the agency having

custody thereof, be transferred without consideration to the

administrative jurisdiction of the Secretary. Any lands so

transferred shall become part of the Siuslaw National Forest.

-SOURCE-

(Pub. L. 93-535, Sec. 4, Dec. 22, 1974, 88 Stat. 1733.)

-CITE-

16 USC Sec. 541d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541d. Acquisition of property within the scenic-research area;

consent of owner; substantial change in use or maintenance of

property

-STATUTE-

(a) Acquisition of lands, waters and interests by donation,

purchase, etc.

Subject to the provisions of subsection (b) of this section, the

Secretary is authorized to acquire lands, waters, or interests

therein within the Area by donation, purchase, exchange, or

otherwise.

(b) Consent of owner for acquisition of lands in sub-areas;

exceptions; guidelines for determination of substantial change

in land use or maintenance

Within all subareas of the Area except the estuary and associated

wetlands subarea, the Secretary may not acquire any land or

interest in land without the consent of the owner or owners so long

as the owner or owners use such land for substantially the same

purposes and in the same manner as it was used and maintained on

June 1, 1974: Provided, however, That the Secretary may acquire any

land or interest in land without the consent of the owner or owners

when such land is in imminent danger of being used for different

purposes or in a different manner from the use or uses existing on

June 1, 1974. The Secretary shall publish, within one hundred and

eighty days of December 22, 1974, guidelines which shall be used by

him to determine what constitutes a substantial change in land use

or maintenance for the non-federally-owned lands within the Area.

Within the estuary and associated wetlands subarea the Secretary

may acquire any land or interest in land without the consent of the

owner or owners at any time, after public hearing.

(c) Substantial change in land use or maintenance; notice by owner;

time; manner

At least thirty days prior to any substantial change in the use

or maintenance of any non-federally-owned land within the Area, the

owner or owners of such land shall provide notice of such proposed

change to the Secretary or his designee, in accordance with such

guidelines as the Secretary may establish.

-SOURCE-

(Pub. L. 93-535, Sec. 5, Dec. 22, 1974, 88 Stat. 1733.)

-CITE-

16 USC Sec. 541e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541e. Availability of funds for acquisition of lands, etc.,

within added area

-STATUTE-

Notwithstanding the provisions of section 460l-9(a)(1) of this

title, moneys appropriated from the Land and Water Conservation

Fund shall be available for the acquisition of any lands, waters,

or interests therein within the area added to the Siuslaw National

Forest by this subchapter.

-SOURCE-

(Pub. L. 93-535, Sec. 6, Dec. 22, 1974, 88 Stat. 1733.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund, referred to in text, was

established by section 460l-5 of this title.

-CITE-

16 USC Sec. 541f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541f. Withdrawal from location, entry and patent under mining

laws; withdrawal from disposition under mineral leasing laws

-STATUTE-

The lands within the Area, subject to valid existing rights, are

hereby withdrawn from location, entry, and patent under the United

States mining laws and from disposition under all laws pertaining

to mineral leasing and all amendments thereto.

-SOURCE-

(Pub. L. 93-535, Sec. 7, Dec. 22, 1974, 88 Stat. 1733.)

-REFTEXT-

REFERENCES IN TEXT

The United States mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-CITE-

16 USC Sec. 541g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541g. Advisory council for scenic-research area; membership;

designation of chairman; compensation; consultation by

Secretary

-STATUTE-

(a) Advisory council; establishment; consultation; members; term;

appointment

The Secretary, pursuant to the Federal Advisory Committee Act,

shall establish an advisory council for the Area, and shall consult

on a periodic and regular basis with such council with respect to

matters relating to management of the Area. The members of the

advisory council, who shall not exceed eleven in number, shall

serve for the individual staggered terms of three years each and

shall be appointed by the Secretary as follows -

(1) a member to represent each county in which a portion of the

Area is located, each such appointee to be designated by the

respective governing body of the county involved;

(2) a member appointed to represent the State of Oregon, who

shall be designated by the Governor of Oregon; and

(3) not to exceed eight members appointed by the Secretary from

among persons who, individually or through association with

national or local organizations, have an interest in the

administration of the Area.

(b) Chairman; vacancies

The Secretary shall designate one member to be chairman and shall

fill vacancies in the same manner as the original appointment.

(c) Compensation; reimbursement for expenses

The members shall not receive any compensation for their services

as members of the advisory council, but they shall be reimbursed

for travel expenses and shall be allowed, as appropriate, per diem

or actual subsistence expenses.

(d) Consultation by Secretary with private groups, etc.;

cooperation with other Federal, State, etc., agencies and

organizations

In addition to his consultation with the advisory council, the

Secretary shall seek the views of other private groups,

individuals, and the public, and shall seek the views and

assistance of, and cooperate with all other Federal, State, and

local agencies with responsibilities for zoning, planning,

migratory fish, waterfowl, and marine animals, water, and natural

resources, and all nonprofit agencies and organizations which may

contribute information or expertise about the resources, and the

management, of the Area, in order that the knowledge, expertise and

views of all agencies and groups may contribute affirmatively to

the most sensitive present and future use of the Area and its

various subareas for the benefit of the public.

-SOURCE-

(Pub. L. 93-535, Sec. 8, Dec. 22, 1974, 88 Stat. 1733.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (a),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 541h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 541h. Cooperation with State of Oregon in administration and

protection of lands; civil and criminal jurisdiction; power of

taxation

-STATUTE-

The Secretary shall cooperate with the State of Oregon and

political subdivisions thereof in the administration of the Area

and in the administration and protection of lands within and

adjacent to the Area owned or controlled by the State or political

subdivisions thereof. Nothing in this subchapter shall deprive the

State of Oregon or any political subdivision thereof of its right

to exercise civil and criminal jurisdiction within the Area

consistent with the provisions of this subchapter, or of its right

to tax persons, corporations, franchises or other non-Federal

property, in or on the lands or waters within the Area.

-SOURCE-

(Pub. L. 93-535, Sec. 9, Dec. 22, 1974, 88 Stat. 1734.)

-CITE-

16 USC Sec. 542 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 542. Langmuir Research Site; establishment

-STATUTE-

That in order to encourage scientific research into atmospheric

processes and astronomical phenomena, and to preserve conditions

necessary for that research, there is hereby established the

Langmuir Research Site (hereinafter referred to as the ''research

site'') in the Cibola National Forest in the State of New Mexico.

-SOURCE-

(Pub. L. 96-550, title II, Sec. 201, Dec. 19, 1980, 94 Stat. 3225.)

-CITE-

16 USC Sec. 542a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 542a. Congressional findings

-STATUTE-

The Congress finds that the high altitude and freedom from air

pollution and night luminosity caused by human activity, make the

research site uniquely suited to the conduct of research probes

into thunder clouds and for other atmospheric and astronomical

research purposes.

-SOURCE-

(Pub. L. 96-550, title II, Sec. 202, Dec. 19, 1980, 94 Stat. 3225.)

-CITE-

16 USC Sec. 542b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 542b. Administration, protection, and regulation of use

-STATUTE-

The Secretary of Agriculture shall administer, protect, and

regulate use of the research site in accordance with the laws,

rules, and regulations applicable to National Forest System lands,

and in such manner as will best contribute to purposes of this Act.

-SOURCE-

(Pub. L. 96-550, title II, Sec. 203, Dec. 19, 1980, 94 Stat. 3225.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-550, Dec. 19, 1980,

94 Stat. 3221, which enacted sections 410ii to 410ii-7 and 542 to

542d of this title and enacted provisions set out as notes under

sections 431 and 1132 of this title. For complete classification

of this Act to the Code, see Tables.

-CITE-

16 USC Sec. 542c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 542c. Land use agreement

-STATUTE-

The Secretary of Agriculture in furtherance of the purposes of

this Act, is hereby authorized, and directed, to enter into an

appropriate land use agreement with New Mexico Institute of Mining

and Technology for the Langmuir Research Site for the purpose of

establishing conditions for use of the national forest land, and to

set forth working relationships during such period of use.

-SOURCE-

(Pub. L. 96-550, title II, Sec. 204, Dec. 19, 1980, 94 Stat. 3225.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-550, Dec. 19, 1980,

94 Stat. 3221, which enacted sections 410ii to 410ii-7 and 542 to

542d of this title and enacted provisions set out as notes under

sections 431 and 1132 of this title. For complete classification

of this Act to the Code, see Tables.

-CITE-

16 USC Sec. 542d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 542d. Comprehensive management plan

-STATUTE-

(a) Boundaries

The research site shall consist of approximately thirty-one

thousand acres, including a principle (FOOTNOTE 1) research

facility of approximately one thousand acres. The boundaries are

depicted on a map entitled ''Langmuir Research Site'', dated August

1980, which is on file and available for public inspection in the

office of the Chief, Forest Service, United States Department of

Agriculture.

(FOOTNOTE 1) So in original. Probably should be ''principal''.

(b) Development of plan

As soon as practicable, after December 19, 1980, the Secretary of

Agriculture shall develop a comprehensive management plan for the

research site consistent with requirements of the National Forest

Management Act of 1976 (Public Law 94-588) (16 U.S.C. 1604), which

shall be incorporated into the initial Cibola National Forest land

and resource management plan as provided for under that Act.

(c) Adjustment in boundaries

Following timely notice in writing to the Committee on Natural

Resources of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate of his intention to do

so, the Secretary may make minor adjustments in the boundaries of

the research site to provide for more effective management or to

encourage further research activity. For the purposes of this

subsection, minor boundary adjustments shall not increase or

decrease the amount of land within the research site by more than

seven thousand acres.

(d) Consultation with other public interest groups

In developing the plan, the Secretary shall consult with the

National Science Foundation, the New Mexico Institute of Mining and

Technology, the New Mexico Academy of Science and appropriate

conservation, wilderness, wildlife, industry, and other public

interest groups.

(e) Objectives of plan

The plan shall prescribe specific research and management

objectives necessary for the protection, management, and regulation

of the research site as outlined in subsection (f) of this section.

(f) Management of site in accordance with the objectives

The research site shall be managed in accordance with the

following objectives:

(1) The principal research facility shall be managed primarily

for scientific research purposes. Dispersed recreation, grazing,

and other uses which the Secretary determines to be compatible

with scientific research may be permitted.

(2) The research site shall be managed to enhance scientific

research objectives. Scientific research activities and

associated research equipment and structures shall be permitted

within the research site in accordance with the plan.

(3) Roads shall be limited to those necessary for scientific

research activities and other reasonable activities as determined

by the Secretary. Motor vehicle use shall be restricted to roads

designated in the plan.

(4) The landing of small instrumented research rockets shall be

permitted to continue in portions of the research site designated

for such purposes in the plan.

-SOURCE-

(Pub. L. 96-550, title II, Sec. 205, Dec. 19, 1980, 94 Stat. 3225;

Pub. L. 103-437, Sec. 6(d)(32), Nov. 2, 1994, 108 Stat. 4584.)

-REFTEXT-

REFERENCES IN TEXT

The National Forest Management Act of 1976, referred to in

subsec. (b), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as

amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614

of this title, amended sections 500, 515, 516, 518, 576b, and 1601

to 1610 of this title, repealed sections 476, 513, and 514 of this

title, and enacted provisions set out as notes under sections 476,

513, 528, 594-2, and 1600 of this title. For complete

classification of this Act to the Code, see Short Title of 1976

Amendment note set out under section 1600 of this title and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 543 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543. Mono Basin National Forest Scenic Area; establishment

-STATUTE-

The area in the Mono Basin within and adjacent to the Inyo

National Forest in the State of California, as generally depicted

on a map entitled ''Mono Basin National Forest Scenic Area'' dated

June 1983, and numbered 1983-3, is hereby designated as the Mono

Basin National Forest Scenic Area (hereafter in sections 543 to

543h of this title referred to as the ''Scenic Area''). Such map

shall be on file and available for public inspection in the office

of the Forest Supervisor, Inyo National Forest and in the office of

the Chief of the Forest Service, Department of Agriculture. The

Secretary of Agriculture (hereinafter in sections 543 to 543h of

this title referred to as the ''Secretary'') may make minor

revisions in the boundary of the Scenic Area after publication of

notice to that effect in the Federal Register and submission of

notice thereof to the Committee on Natural Resources of the United

States House of Representatives and the Committee on Energy and

Natural Resources of the United States Senate. Such notice shall be

published and submitted at least sixty days before the revision is

made.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 301, Sept. 28, 1984, 98 Stat.

1632; Pub. L. 103-437, Sec. 6(d)(33), Nov. 2, 1994, 108 Stat.

4584.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''Natural Resources'' for

''Interior and Insular Affairs'' after ''Committee on''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 543b, 543c, 543e, 543g,

543h of this title.

-CITE-

16 USC Sec. 543a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543a. Extension of National Forest boundary

-STATUTE-

(a) The exterior boundary of the Inyo National Forest is hereby

extended to include the area within the boundary of the Scenic

Area. Any lands and interests therein acquired pursuant to section

543b of this title shall become part of the National Forest System.

(b) For the purposes of section 460l-9(a)(1) of this title, the

boundary of the Inyo National Forest, as modified by this section,

shall be treated as if it were the boundary of that forest on

January 1, 1964.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 302, Sept. 28, 1984, 98 Stat.

1633.)

-CITE-

16 USC Sec. 543b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543b. Acquisition of lands

-STATUTE-

(a) Authority of Secretary; exceptions

The Secretary is authorized to acquire all lands and interests

therein within the boundary of the Scenic Area by donation,

exchange in accordance with sections 543 to 543h of this title or

other provisions of law, or purchase with donated or appropriated

funds, except that -

(1) any lands or interests therein within the boundary of the

Scenic Area which are owned by the State of California or any

political subdivision thereof (including the city of Los Angeles)

may be acquired only by donation or exchange; and

(2) lands or interests therein within the boundary of the

Scenic Area which are not owned by the State of California or any

political subdivision thereof (including the city of Los Angeles)

may be acquired only with the consent of the owner thereof unless

the Secretary determines, after written notice to the owner and

after opportunity for comment, that the property is being

developed, or proposed to be developed, in a manner which is

detrimental to the integrity of the Scenic Area or which is

otherwise incompatible with the purposes of sections 543 to 543h

of this title.

(b) Guidelines; detrimental or incompatible use

(1) Not later than six months after September 28, 1984, the

Secretary shall publish specific guidelines under which

determinations shall be made under paragraph (2) of subsection (a)

of this section. No use which existed prior to June 1, 1984,

within the area included in the Scenic Area shall be treated under

such guidelines as a detrimental or incompatible use within the

meaning of such paragraph (2).

(2) For purposes of subsection (a)(2) of this section, any

development or proposed development of private property within the

boundary of the Scenic Area that is significantly different from,

or a significant expansion of, development existing as of June 1,

1984, shall be considered by the Secretary as detrimental to the

integrity of the Scenic Area. No reconstruction or expansion of a

private or commercial building, including -

(A) reconstruction of an existing building,

(B) construction of attached structural additions, not to

exceed 100 per centum of the square footage of the original

building, and

(C) construction of reasonable support development such as

roads, parking, water and sewage systems shall be treated as

detrimental to the integrity of the Scenic Area or as an

incompatible development within the meaning of paragraph (2) of

subsection (a) of this section.

(c) Preparation of environmental assessments

Notwithstanding any other provision of law, the Secretary shall

only be required to prepare an environmental assessment of any

exchange of mineral or geothermal interest authorized by sections

543 to 543h of this title.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 303, Sept. 28, 1984, 98 Stat.

1633.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 543a of this title.

-CITE-

16 USC Sec. 543c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543c. Administration

-STATUTE-

(a) Scenic Area and other lands to be administered as part of Inyo

National Forest

(1) Except as otherwise provided in sections 543 to 543h of this

title, the Secretary, acting through the Chief of the Forest

Service, shall administer the Scenic Area as a separate unit within

the boundary of the Inyo National Forest in accordance with the

laws, rules, and regulations applicable to the National Forest

System. All Bureau of Land Management administered lands that fall

within the boundaries of the Scenic Area are hereby added to the

Inyo National Forest and shall be administered in accordance with

the laws, rules, and regulations applicable to the National Forest

System.

(2) In addition, the following parcels administered by the Bureau

of Land Management are hereby added to the Inyo National Forest and

shall be administered in accordance with the laws, rules, and

regulations applicable to the National Forest System:

township 1 south; range 26 east; Mount Diablo Meridian:

east half of southwest quarter and south half of southeast

quarter of section 10; and

township 1 north; range 26 east; Mount Diablo Meridian:

southwest quarter of northeast quarter and west half of

southeast quarter of section 9;

southwest quarter of southwest quarter of section 15;

southwest quarter of northwest quarter and northwest quarter

of southwest quarter of section 25;

north half of southeast quarter of section 26, west half of

northwest quarter and northwest quarter of southwest quarter of

section 27;

township 1 north; range 27 east; Mount Diablo Meridian:

east half of southeast quarter of section 34;

southwest quarter of northwest quarter of section 35; and

west half of section 30 as intersected by Scenic Area

Boundary.

(b) Water rights; protection of geologic, ecologic and cultural

resources; recreational use of Scenic Area; related facilities

and programs; scientific study and research; commercial timber

harvesting

(1) In a manner consistent with the protection of the water

rights of the State of California or any political subdivision

thereof (including the city of Los Angeles) or of any person to the

extent that such water rights have been granted or modified under

the laws of the State of California, the Secretary shall manage the

Scenic Area to protect its geologic, ecologic, and cultural

resources. The Secretary shall provide for recreational use of the

Scenic Area and shall provide recreational and interpretive

facilities (including trails and campgrounds) for the use of the

public which are compatible with the provisions of sections 543 to

543h of this title, and may assist adjacent affected local

governmental agencies in the development of related interpretive

programs. The Secretary shall permit the full use of the Scenic

Area for scientific study and research in accordance with such

rules and regulations as he may prescribe.

(2) Except as specifically provided in this subsection, no

commercial timber harvesting shall be permitted in the Scenic Area,

but the Secretary shall permit the utilization of wood material

such as firewood, posts, poles, and Christmas trees by individuals

for their domestic purposes under such regulations as he may

prescribe to protect the natural and cultural resources of the

Scenic Area. The Secretary may take action including the use of

commercial timber harvest to the minimum extent necessary to

control fires, insects and diseases that might -

(A) endanger irreplaceable features within the Scenic Area, or

(B) cause substantial damage to significant resources adjacent

to the Scenic Area.

(c) Grazing permits

The Secretary shall permit those persons holding currently valid

grazing permits within the boundary of the Scenic Area to continue

to exercise such permits consistent with other applicable law.

(d) Cooperative agreements

The Secretary may enter into cooperative agreements with the

State of California and any political subdivision thereof

(including the city of Los Angeles) for purposes of protecting

Scenic Area resources and administering areas owned by the State or

by any such political subdivision which are within the Scenic Area.

(e) Management plan

Within three years after September 28, 1984, the Secretary shall

submit to the committees referred to in section 543 of this title,

a detailed and comprehensive management plan for the Scenic Area

which is consistent with the protection of water rights as provided

in subsection (b)(1) of this section. The plan shall include but

not be limited to -

(1) an inventory of natural (including geologic) and cultural

resources;

(2) general development plans for public use facilities,

including cost estimates; and

(3) measures for the preservation of the natural and cultural

resources of the Scenic Area in accordance with subsections (a)

and (b) of this section.

Such plan shall provide for hunting and fishing (including

commercial brine shrimp operations authorized under State law)

within the Scenic Area in accordance with applicable Federal and

State law, except to the extent otherwise necessary for reasons of

public health and safety, the protection of resources, scientific

research activities, or public use and enjoyment.

(f) Visitor center

The Secretary is authorized to construct a visitor center in the

Scenic Area for the purpose of providing information through

appropriate displays, printed material, and other interpretive

programs, about the natural and cultural resources of the Scenic

Area.

(g) Withdrawal of lands from operation of other Federal laws;

regulation of mining claims

(1) Subject to valid existing rights, federally owned lands and

interests therein within the Scenic Area are withdrawn from entry

or appropriation under the mining laws of the United States, from

the operation of the mineral leasing laws of the United States,

from operation of the Geothermal Steam Act of 1970 (30 U.S.C. 1001

et seq.), and from disposition under the public land laws.

(2) Subject to valid existing rights, all mining claims located

within the Scenic Area shall be subject to such reasonable

regulations as the Secretary may prescribe to assure that mining

will, to the maximum extent practicable, be consistent with

protection of the scenic, scientific, cultural, and other resources

of the area, and any patent which may be issued after September 28,

1984, shall convey title only to the minerals together with the

right to use the surface of lands for mining purposes subject to

such reasonable regulations.

(h) Water rights

Nothing in sections 543 to 543h of this title shall be construed

to reserve any water for purposes of the Scenic Area or to affirm,

deny, or otherwise affect the present (or prospective) water rights

of any person or of the State of California or of any political

subdivision thereof (including the city of Los Angeles), nor shall

any provision of sections 543 to 543h of this title be construed to

cause, authorize, or allow any interference with or infringement of

such water rights so long as, and to the extent that, those rights

remain valid and enforceable under the laws of the State of

California.

(i) Rights-of-way of city of Los Angeles

(1) The Act entitled ''An Act authorizing and directing the

Secretary of the Interior to sell to the city of Los Angeles,

California, certain public lands in California; and granting

rights-of-way over public lands and reserved lands to the city of

Los Angeles in Mono County in the State of California'', approved

June 23, 1936 (49 Stat. 1892), is hereby repealed.

(2) The Secretary and the Secretary of the Interior shall grant

and convey rights-of-way easements, at no cost, to the city of Los

Angeles for those rights-of-way on public lands and national forest

lands in Mono County, California, as described and set forth in

maps and accompanying descriptions which were -

(A) filed by the city of Los Angeles with the Secretary of the

Interior on October 24, 1944, and

(B) accepted as proof of construction on behalf of the United

States by the Commissioner of the General Land Office on January

4, 1945.

Such easement conveyances shall provide for the right of the city

to continue its present operations and to maintain, reconstruct,

and replace all existing water and power facilities located within

the bounds of the area described in the maps and descriptions

referred to in the preceding sentence. The United States shall

reserve in the conveyance easements all rights to use and permit

the use by others of the lands so conveyed to the extent that such

use does not unreasonably interfere with the rights granted herein

to the city of Los Angeles.

(3) The grant in paragraph (2) of this subsection shall become

effective upon relinquishment in writing by the city of Los Angeles

of its applications dated October 20, 1944, and January 17, 1945,

to purchase twenty-three thousand eight hundred and fifty acres of

Federal land.

(4) The easements granted under paragraph (2) of this subsection

shall provide that whenever the city of Los Angeles ceases to use

the land or any part thereof subject to such easements for the

purposes for which it is currently being used, as of September 28,

1984, all interests in such land or part thereof shall revert to

the United States.

(j) Existing community recreational uses

Existing community recreational uses, as of September 28, 1984,

shall be permitted at the levels and locations customarily

exercised.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 304, Sept. 28, 1984, 98 Stat.

1634.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws and the mineral leasing laws of the United

States, referred to in subsec. (g)(1), are classified generally to

Title 30, Mineral Lands and Mining.

The Geothermal Steam Act of 1970, referred to in subsec. (g)(1),

is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, which is

classified principally to chapter 23 (Sec. 1001 et seq.) of Title

30. For complete classification of this Act to the Code, see Short

Title note set out under section 1001 of Title 30 and Tables.

The public land laws, referred to in subsec. (g)(1), are

classified generally to Title 43, Public Lands.

The Act entitled ''An Act authorizing and directing the Secretary

of the Interior to sell to the city of Los Angeles, California,

certain public lands in California; and granting rights-of-way over

public lands and reserved lands to the city of Los Angeles in Mono

County in the State of California'', referred to in subsec. (i)(1),

is act June 23, 1936, ch. 733, 49 Stat. 1892, which was not

classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 543e, 543f of this title.

-CITE-

16 USC Sec. 543d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543d. Ecological studies; reports to Congressional committees

and to Chief of Forest Service; progress reports

-STATUTE-

The Secretary shall take such steps as may be necessary to,

within one hundred and eighty days of September 28, 1984, enter

into a contract with the National Academy of Sciences for the

purpose of conducting a scientific study of the ecology of the

Scenic Area. The study shall provide for consultation with

knowledgeable local, State, Federal, and private persons and

organizations and shall provide findings and recommendations to the

Congress. Such study shall be conducted in accordance with the best

scientific methodology (as set forth by the National Academy of

Sciences) and shall be transmitted by the National Academy of

Sciences to the Committee on Energy and Natural Resources of the

United States Senate, to the Committee on Interior and Insular

Affairs of the United States House of Representatives, and to the

Chief of the Forest Service not later than January 1, 1987.

Progress reports regarding the study shall be transmitted to the

above committees on January 1, 1985, and January 1 of each year

thereafter.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 305, Sept. 28, 1984, 98 Stat.

1636.)

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

-CITE-

16 USC Sec. 543e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543e. Scenic Area Advisory Board

-STATUTE-

(a) Establishment; consultations with Secretary

There is hereby established the Scenic Area Advisory Board

(hereinafter referred to as the ''Board''). The Secretary shall

consult with and seek the advice and recommendations of the Board

with respect to -

(1) the administration of the Scenic Area with respect to

policies, programs, and activities in accordance with sections

543 to 543h of this title;

(2) the preparation and implementation of the comprehensive

management plan; and

(3) the location of the visitor center authorized by section

543c(f) of this title.

(b) Composition and selection

The Board shall be composed of nine members, who shall be

selected as follows:

(1) five members appointed by the Mono County Board of

Supervisors;

(2) two members appointed by the Governor of California (one of

whom shall be an employee of the California Division of Parks and

Recreation);

(3) one member appointed by the mayor of the city of Los

Angeles; and

(4) one member appointed by the Secretary (who shall be an

employee of the Forest Service).

(c) Terms of appointment

Each member of the Board shall be appointed to serve for a term

of three years except that the initial appointments shall be for

terms as follows:

(1) of those members appointed by the Mono County Board of

Supervisors one shall be appointed to serve for a term of one

year, two shall be for a term of two years, and two shall be for

a term of three years;

(2) of those members appointed by the Governor of California

one shall be appointed to serve for a term of one year and one

shall be appointed to serve for a term of three years;

(3) the member appointed by the mayor of the city of Los

Angeles shall be appointed to serve for a term of two years; and

(4) the member appointed by the Secretary shall be appointed to

serve for a term of three years.

(d) Initial appointment; Chairman

The members of the Board shall be appointed within ninety days of

September 28, 1984. The members of the Board shall, at their first

meeting, elect a Chairman.

(e) Annual meetings and consultations with Secretary or designee

The Secretary, or a designee, shall from time to time, but at

least annually, meet and consult with the Board on matters relating

to the administration of the scenic area. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be capitalized.

(f) Compensation; expenses

Members of the Board shall serve without compensation as such,

but the Secretary is authorized to pay, upon vouchers signed by the

Chairman, the expenses reasonably incurred by the Board and its

members in carrying out their duties under sections 543 to 543h of

this title.

(g) Vacancies

Any vacancy in the Board shall be filled in the same manner in

which the original appointment was made.

(h) Quorum

A majority of those members appointed shall constitute a quorum

for the conduct of all business of the Board.

(i) Termination

The Board shall terminate ten years from the date of its first

meeting.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 306, Sept. 28, 1984, 98 Stat.

1637.)

-CITE-

16 USC Sec. 543f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543f. Traditional Native American uses

-STATUTE-

In recognition of the past use of the Scenic Area by Indian

people for traditional cultural and religious purposes, the

Secretary shall insure nonexclusive access to Scenic Area lands by

Indian people for such traditional cultural and religious purposes,

including the harvest of the brine fly larvae. Such direction

shall be consistent with the purpose and intent of the American

Indian Religious Freedom Act of August 11, 1978 (92 Stat. 469) (42

U.S.C. 1996, 1996a). As a part of the plan prepared pursuant to

section 543c(c) of this title, the Secretary shall, in consultation

with appropriate Indian tribes, define the past cultural and

religious uses of the Scenic Area by Indians.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 307, Sept. 28, 1984, 98 Stat.

1638.)

-REFTEXT-

REFERENCES IN TEXT

The American Indian Religious Freedom Act, referred to in text,

is Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469, as amended, which

is classified to sections 1996 and 1996a of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 1996 of Title 42

and Tables.

-CITE-

16 USC Sec. 543g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543g. Authorization of appropriations

-STATUTE-

In addition to other amounts available for such purposes,

effective October 1, 1985, there are hereby authorized to be

appropriated such sums as may be necessary to carry out the

purposes of sections 543 to 543h of this title.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 308, Sept. 28, 1984, 98 Stat.

1638.)

-CITE-

16 USC Sec. 543h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 543h. New spending authority

-STATUTE-

Any new spending authority described in subsection (c)(2)(A) or

(B) of section 651 (FOOTNOTE 1) of title 2 which is provided under

sections 543 to 543h of this title shall be effective for any

fiscal year only to such extent or in such amounts as are provided

in appropriation Acts.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 98-425, title III, Sec. 309, Sept. 28, 1984, 98 Stat.

1638.)

-REFTEXT-

REFERENCES IN TEXT

Section 651 of title 2, referred to in text, was amended by Pub.

L. 105-33, title X, Sec. 10116(a)(3), (5), Aug. 5, 1997, 111 Stat.

691, by striking out subsec. (c) and redesignating former subsec.

(d) as (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 543, 543b, 543c, 543e,

543g of this title.

-CITE-

16 USC Sec. 544 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544. Columbia River Gorge National Scenic Area; definitions

-STATUTE-

As used in sections 544 to 544p of this title, the term -

(a) ''adversely affect'' or ''adversely affecting'' means,

except as used in section 544m of this title, a reasonable

likelihood of more than moderate adverse consequences for the

scenic, cultural, recreation or natural resources of the scenic

area, the determination of which is based on -

(1) the context of a proposed action;

(2) the intensity of a proposed action, including the

magnitude and duration of an impact and the likelihood of its

occurrence;

(3) the relationship between a proposed action and other

similar actions which are individually insignificant but which

may have cumulatively significant impacts; and

(4) proven mitigation measures which the proponent of an

action will implement as part of the proposal to reduce

otherwise significant affects to an insignificant level;

(b) ''agricultural lands'' means lands designated as

agricultural lands pursuant to section 544d of this title;

(c) ''Commission'' means the Columbia River Gorge Commission

established pursuant to section 544c of this title;

(d) ''counties'' means Hood River, Multnomah, and Wasco

Counties, Oregon; and Clark, Klickitat, and Skamania Counties,

Washington;

(e) ''Dodson/Warrendale Special Purchase Unit'' means the

Dodson/Warrendale Special Purchase Unit established pursuant to

section 544b of this title;

(f) ''forest lands'' means lands designated as forest lands

pursuant to section 544d of this title;

(g) ''Indian tribes'' means the Nez Perce Tribe, the

Confederated Tribes and Bands of the Yakama Indian Nation, the

Confederated Tribes of the Warm Springs of Oregon, and the

Confederated Tribes of the Umatilla Indian Reservation;

(h) ''interim guidelines'' means any interim guidelines

developed by the Secretary pursuant to section 544h of this

title, and any amendment, revision, or variance;

(i) ''land use ordinance'' or ''ordinance'' means any ordinance

adopted by a county or by the Commission pursuant to sections 544

to 544p of this title, and includes any amendment to, revision

of, or variance from such ordinance;

(j) ''major development actions'' means any of the following:

(1) subdivisions, partitions and short plat proposals;

(2) any permit for siting or construction outside urban areas

of multifamily residential, industrial or commercial

facilities, except such facilities as are included in the

recreation assessment;

(3) the exploration, development and production of mineral

resources unless such exploration, development or production

can be conducted without disturbing the surface of any land

within the boundaries of a special management area or is for

sand, gravel and crushed rock used for the construction,

maintenance or reconstruction of roads within the special

management areas used for the production of forest products;

and

(4) permits for siting or construction within a special

management area of any residence or other related major

structure on any parcel of land less than forty acres in size;

(k) ''management plan'' means the scenic area management plan

adopted pursuant to section 544d of this title;

(l) ''open spaces'' means unimproved lands not designated as

agricultural lands or forest lands pursuant to section 544d of

this title and designated as open space pursuant to section 544d

of this title. Open spaces include -

(1) scenic, cultural, and historic areas;

(2) fish and wildlife habitat;

(3) lands which support plant species that are endemic to the

scenic area or which are listed as rare, threatened or

endangered species pursuant to State or Federal Endangered

Species Acts;

(4) ecologically and scientifically significant natural

areas;

(5) outstanding scenic views and sites;

(6) water areas and wetlands;

(7) archaeological sites, Indian burial grounds and village

sites, historic trails and roads and other areas which are

culturally or historically significant;

(8) potential and existing recreation resources; and

(9) Federal and State wild, scenic, and recreation waterways;

(m) ''recreation assessment'' means the recreation assessment

adopted pursuant to section 544d of this title;

(n) ''residential development'' means the permitting for siting

or construction of any residence or other related major

structure;

(o) ''scenic area'' means the Columbia River Gorge National

Scenic Area established pursuant to section 544b of this title;

(p) ''Secretary'' means the Secretary of Agriculture;

(q) ''special management areas'' means areas within the scenic

area established pursuant to section 544b of this title;

(r) ''States'' means the States of Oregon and Washington; and

(s) ''urban areas'' means those areas within the scenic area

identified as urban areas on the map referred to in section

544b(e) of this title or within the boundaries of an urban area

as revised pursuant to section 544b(f) of this title.

-SOURCE-

(Pub. L. 99-663, Sec. 2, Nov. 17, 1986, 100 Stat. 4274; Pub. L.

103-435, Sec. 17(b), Nov. 2, 1994, 108 Stat. 4573.)

-REFTEXT-

REFERENCES IN TEXT

Federal Endangered Species Acts, referred to in subsec. (l)(3),

are classified principally to chapter 35 (Sec. 1531 et seq.) of

this title.

-MISC2-

AMENDMENTS

1994 - Subsec. (g). Pub. L. 103-435 substituted ''Yakama Indian

Nation'' for ''Yakima Indian Nation''.

SHORT TITLE

Section 1 of Pub. L. 99-663 provided that: ''This Act (enacting

this section and sections 544a to 544p of this title and amending

sections 1274 and 1276 of this title) may be referred to as the

'Columbia River Gorge National Scenic Area Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544a to 544i, 544l to

544p of this title.

-CITE-

16 USC Sec. 544a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544a. Purposes

-STATUTE-

The purposes of sections 544 to 544p of this title are -

(1) to establish a national scenic area to protect and provide

for the enhancement of the scenic, cultural, recreational, and

natural resources of the Columbia River Gorge; and

(2) to protect and support the economy of the Columbia River

Gorge area by encouraging growth to occur in existing urban areas

and by allowing future economic development in a manner that is

consistent with paragraph (1).

-SOURCE-

(Pub. L. 99-663, Sec. 3, Nov. 17, 1986, 100 Stat. 4276.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544, 544b to 544i, 544l

to 544p of this title.

-CITE-

16 USC Sec. 544b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544b. Establishment of scenic area

-STATUTE-

(a) National scenic area

(1) There is hereby established the Columbia River Gorge National

Scenic Area.

(2) Boundaries. -

(A) In general. - Except as provided in subparagraph (B), the

boundaries of the scenic area shall be generally depicted on the

map entitled ''Boundary Map, Columbia River Gorge National Scenic

Area,'' numbered NSA-001 sheets 1 and 2, and dated September

1986, which shall be on file and available for public inspection

in the offices of the Commission and of the Chief, Forest

Service.

(B) Exclusions. - The scenic area shall not include the

approximately 29 acres of land owned by the Port of

Camas-Washougal in the South 1/2 of Section 16, Township 1 North,

Range 4 East, and the North 1/2 of Section 21, Township 1 North,

Range 4 East, Willamete (FOOTNOTE 1) Meridian, Clark County,

Washington, that consists of -

(FOOTNOTE 1) So in original. Probably should be ''Willamette''.

(i) the approximately 19 acres of Port land acquired from the

Corps of Engineers under the Second Supplemental Appropriations

Act, 1984 (Public Law 98-396); and

(ii) the approximately 10 acres of adjacent Port land to the

west of the land described in clause (i).

(b) Special management areas

(1) The following areas within the boundaries of the scenic area

are hereby designated ''Special Management Areas'': Gates of the

Columbia River Gorge; Wind Mountain; Burdoin Mountain; and Rowena.

(2) The boundaries of the special management areas designated by

paragraph (1) -

(A) shall be generally depicted on the map entitled ''Special

Management Areas, Columbia River Gorge National Scenic Area'',

numbered SMA-002 sheets 1 through 17, and dated September 1986,

which shall be on file and available for public inspection in the

offices of the Commission and of the Chief, Forest Service; and

(B) shall include all islands within the boundaries of the

scenic area.

(3) Modification of boundaries. - The boundaries of the special

management areas are modified as depicted on a map dated September

20, 2000, which shall be on file and available for public

inspection in the office of the Chief of the Forest Service in

Washington, District of Columbia, and copies shall be available in

the office of the Commission, and the headquarters of the scenic

area.

(c) Revision of special management area boundaries

The Secretary, in consultation with the Commission, may make

minor revisions in the boundaries of special management areas after

publication of notice to that effect in the Federal Register and

submission of notice thereof to the Committee on Energy and Natural

Resources of the United States Senate and the Committees on

Agriculture and Natural Resources of the United States House of

Representatives. Such notice shall be published and submitted at

least sixty days before the revision is made. Notice of final

action regarding such revision shall also be published in the

Federal Register.

(d) Dodson/Warrendale Special Purchase Unit

(1) There is hereby established the Dodson/Warrendale Special

Purchase Unit.

(2) The boundaries of the Dodson/Warrendale Special Purchase Unit

shall be generally depicted on the map entitled ''Dodson/Warrendale

Special Purchase Unit, Columbia River Gorge National Scenic Area'',

numbered SPU-003 sheet 1, and dated September 1986, which shall be

on file and available for public inspection in the offices of the

Commission and of the Chief, Forest Service.

(e) Urban areas

(1) The following cities and towns are hereby designated as

''Urban Areas'': Cascade Locks, Hood River, Mosier, and The Dalles,

Oregon; and Bingen, Carson, Dallesport, Home Valley, Lyle, North

Bonneville, Stevenson, White Salmon, and Wishram, Washington.

(2) The boundaries of urban areas shall be generally depicted on

the map entitled, ''Urban Areas, Columbia River Gorge National

Scenic Area'', numbered UA-004 sheets 1 through 11, and dated

September 1986, which shall be on file and available for public

inspection in the offices of the Commission and of the Chief,

Forest Service. The boundaries of urban areas designated in this

subsection may be revised pursuant to the provisions of this

section.

(f) Revision of urban area boundaries

(1) Upon application of a county and in consultation with the

Secretary, the Commission may make minor revisions to the

boundaries of any urban area identified in subsection (e) of this

section. A majority vote of two-thirds of the members of the

Commission, including a majority of the members appointed from each

State, shall be required to approve any revision of urban area

boundaries.

(2) The Commission may revise the boundaries of an urban area

only if it finds that -

(A) a demonstrable need exists to accommodate long-range urban

population growth requirements or economic needs consistent with

the management plan;

(B) revision of urban area boundaries would be consistent with

the standards established in section 544d of this title and the

purposes of sections 544 to 544p of this title;

(C) revision of urban area boundaries would result in maximum

efficiency of land uses within and on the fringe of existing

urban areas; and

(D) revision of urban area boundaries would not result in the

significant reduction of agricultural lands, forest lands, or

open spaces.

-SOURCE-

(Pub. L. 99-663, Sec. 4, Nov. 17, 1986, 100 Stat. 4276; Pub. L.

103-437, Sec. 6(d)(34), Nov. 2, 1994, 108 Stat. 4585; Pub. L.

105-277, div. A, Sec. 101(e) (title III, Sec. 354(a)), Oct. 21,

1998, 112 Stat. 2681-231, 2681-303; Pub. L. 106-31, title V, Sec.

5004(3), May 21, 1999, 113 Stat. 110; Pub. L. 106-291, title III,

Sec. 346(d), Oct. 11, 2000, 114 Stat. 1000.)

-REFTEXT-

REFERENCES IN TEXT

The Second Supplemental Appropriations Act, 1984, referred to in

subsec. (a)(2)(B)(i), is Pub. L. 98-396, Aug. 22, 1984, 98 Stat.

1369. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (b)(2). Pub. L. 106-291, Sec. 346(d)(1),

substituted ''by paragraph (1)'' for ''in this section'' in

introductory provisions.

Subsec. (b)(3). Pub. L. 106-291, Sec. 346(d)(2), which directed

amendment of subsec. (b)(2) by adding at the end a par. (3), was

executed by adding par. (3) after subsec. (b)(2), to reflect the

probable intent of Congress.

1999 - Subsec. (a)(2). Pub. L. 106-31 made technical correction

to directory language of Pub. L. 105-277. See 1998 Amendment note

below.

1998 - Subsec. (a)(2). Pub. L. 105-277, as amended by Pub. L.

106-31, inserted par. (2) heading, designated existing provisions

as subpar. (A), inserted heading, and substituted ''Except as

provided in subparagraph (B), the boundaries'' for ''The

boundaries'', and added subpar. (B).

1994 - Subsec. (c). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committees

on Agriculture and''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC4-

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-31, title V, Sec. 5004(4), May 21, 1999, 113 Stat.

110, provided that: ''The amendments made by paragraphs (1), (2),

and (3) of this section (amending this section and section 1374 of

this title), shall take effect as if included in Public Law 105-277

on the date of its enactment (Oct. 21, 1998).''

CONGRESSIONAL INTENT OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec. 354(b)),

Oct. 21, 1998, 112 Stat. 2681-231, 2681-303, provided that: ''The

amendment made by subsection (a) (amending this section) -

''(1) is intended to achieve the intent of Congress set forth

in Public Law 98-396 (see Tables for classification); and

''(2) is not intended to set a precedent regarding adjustment

or amendment of any boundaries of the Columbia River Gorge

National Scenic Area or any other provisions of the Columbia

River Gorge National Scenic Area Act (see Short Title note set

out under section 544 of this title).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544, 544a, 544c to 544i,

544l to 544p of this title.

-CITE-

16 USC Sec. 544c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544c. Columbia River Gorge Commission

-STATUTE-

(a) Establishment and membership of Commission

(1) To achieve the purposes of sections 544 to 544p of this title

and to facilitate cooperation among the States of Oregon and

Washington, and with the United States of America, the consent of

Congress is given for an agreement described in sections 544 to

544p of this title pursuant to which, within one year after

November 17, 1986 -

(A) the States of Oregon and Washington shall establish by way

of an interstate agreement a regional agency known as the

Columbia River Gorge Commission, and shall incorporate sections

544 to 544p of this title by specific reference in such

agreement. The Commission shall carry out its functions and

responsibilities in accordance with the provisions of the

interstate agreement and of sections 544 to 544p of this title

and shall not be considered an agency or instrumentality of the

United States for the purpose of any Federal law;

(B) the States of Oregon and Washington shall provide to the

Commission, State agencies, and the counties under State law the

authority to carry out their respective functions and

responsibilities in accordance with the provisions of paragraph

(1)(A) of this subsection; and

(C) the States of Oregon and Washington shall appoint members

of the Commission as provided in clauses (i) through (iii),

subject to applicable State law: Provided, That the Governor of

either State may extend the time for appointment of Commission

members ninety days to provide more time for the States and

counties to make such appointments. Membership of the Commission

shall be as follows:

(i) six members, comprised of one resident from each of the

following counties: Hood River, Multnomah, and Wasco Counties,

Oregon, and Clark, Klickitat, and Skamania Counties,

Washington, to be appointed by the governing body of each of

the respective counties: Provided, That in the event the

governing body of a county fails to make such appointment, the

Governor of the State in which the county is located shall

appoint such member;

(ii) three members who reside in the State of Oregon, at

least one of whom shall be a resident of the scenic area, to be

appointed by the Governor of Oregon;

(iii) three members who reside in the State of Washington, at

least one of whom shall be a resident of the scenic area, to be

appointed by the Governor of Washington; and

(iv) one ex officio, nonvoting member who shall be an

employee of the Forest Service, to be appointed by the

Secretary.

(2) The agreement shall take effect and the Commission may

exercise its authorities pursuant to the agreement upon the

appointment of four initial members from each State, subject to

applicable State law, and the date of such an agreement shall be

the date of establishment of the Commission. Such agreement is

hereby consented to by the Congress.

(3) Either State or any county may fill any vacancy occurring

prior to the expiration of the term of any member originally

appointed by that State or county. Each member appointed to the

Commission shall serve a term of four years, except that, with

respect to members initially appointed pursuant to paragraph

(1)(C)(i), each Governor shall designate one member to serve for a

term of five years and one to serve for a term of six years, and

one member from each State initially appointed pursuant to

paragraph (1)(C)(ii) and (iii) shall be designated by the Governor

to serve a term of five years, and one to serve a term of six

years. Neither the Governors nor the governing bodies of any of

the counties may appoint Federal, State, or local elected or

appointed officials to the Commission.

(4) A majority of the members of the Commission shall constitute

a quorum. The members of the Commission shall select from among

themselves a Chairman by majority vote of the members appointed

from each State.

(5) Except for the ex-officio member appointed pursuant to

paragraph (1)(C)(iv), the members and officers and employees of the

Commission shall not be officers or employees of the United States

for any purpose. The Commission shall appoint, fix compensation

for, and assign and delegate duties to such officers and employees

as the Commission deems necessary to fulfill its functions under

sections 544 to 544p of this title. The compensation of Commission

members shall be fixed by State law. The compensation of

Commission members, officers, and employees and the expenses of the

Commission shall be paid from funds provided to the Commission by

the States.

(b) Applicable law

For the purposes of providing a uniform system of laws, which, in

addition to sections 544 to 544p of this title, are applicable to

the Commission, the Commission shall adopt regulations relating to

administrative procedure, the making of contracts,

conflicts-of-interest, financial disclosure, open meetings of the

Commission, advisory committees, and disclosure of information

consistent with the more restrictive statutory provisions of either

State. Regulations applicable to financial disclosure under this

subsection shall be applied to members of the Commission without

regard to the duration of their service on the Commission or the

amount of compensation received for such service. No contract,

obligation, or other action of the Commission shall be an

obligation of the United States or an obligation secured by the

full faith and credit of the United States.

(c) Assistance to Commission

Upon the request of the Commission, the Secretary and other

Federal agencies are authorized to provide information, personnel,

property, and services on a reimbursable basis, and the Secretary

is authorized to provide technical assistance on a nonreimbursable

basis, to the Commission to assist it in carrying out its functions

and responsibilities pursuant to sections 544 to 544p of this

title.

(d) Advisory committees

The Commission shall establish voluntary technical and citizen

advisory committees to assist the Commission in carrying out its

functions and responsibilities pursuant to sections 544 to 544p of

this title.

-SOURCE-

(Pub. L. 99-663, Sec. 5, Nov. 17, 1986, 100 Stat. 4277.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544b, 544d to

544i, 544l to 544p of this title.

-CITE-

16 USC Sec. 544d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544d. Scenic area management plan

-STATUTE-

(a) Studies

Within one year after the date the Commission is established, it

shall, in cooperation with the Secretary, complete the following

studies for use in preparing the management plan:

(1) Resource inventory

The Commission shall complete a resource inventory. The

resource inventory shall -

(A) document all existing land uses, natural features and

limitations, scenic, natural, cultural, archaeological and

recreation and economic resources and activities: Provided,

That the location of any Indian burial grounds, village sites,

and other areas of archaeological or religious significance

shall not be made public information and such information shall

be used for administrative purposes only; and

(B) incorporate without change the resource inventory

developed by the Secretary pursuant to section 544f of this

title for the special management areas.

(2) Economic opportunity study

The Commission shall complete a study to identify opportunities

to enhance the economies of communities in the scenic area in a

manner consistent with the purposes of sections 544 to 544p of

this title.

(3) Recreation assessment

The Commission shall complete an assessment of recreation

resources and opportunities for enhancement of these resources.

The recreation assessment shall -

(A) designate the location and specify the construction of an

interpretive center or other appropriate facility, to be

located in the State of Oregon, and of a conference center or

other appropriate facility, to be located in the State of

Washington;

(B) identify areas within the scenic area that are suitable

for other public use facilities, including but not limited to

educational and interpretive facilities, campsites, picnic

areas, boat launch facilities and river access areas; and

(C) subject to the treaty and other rights of Indian tribes,

designate areas to provide increased access for recreation

purposes to the Columbia River and its tributaries; and

(D) incorporate without change the recreation assessment

developed by the Secretary pursuant to section 544f of this

title for the special management areas;

(b) Land use designations

Within two years after the Commission is established, it shall

develop land use designations for the use of non-Federal lands

within the scenic area. The land use designations shall -

(1) be based on the results of the resource inventory developed

pursuant to subsection (a)(1) of this section, and consistent

with the standards established in subsection (d) of this section;

(2) designate those lands used or suitable for the production

of crops, fruits or other agricultural products or the sustenance

of livestock as agricultural lands;

(3) designate lands used or suitable for the production of

forest products as forest lands;

(4) designate lands suitable for the protection and enhancement

of open spaces;

(5) designate areas in the scenic area outside special

management areas used or suitable for commercial development:

Provided, That such designation shall encourage, but not require,

commercial development to take place in urban areas and shall

take into account the physical characteristics of the areas in

question and their geographic proximity to transportation,

commercial, and industrial facilities and other amenities;

(6) designate areas used or suitable for residential

development, taking into account the physical characteristics of

the areas in question and their geographic proximity to

transportation and commercial facilities and other amenities; and

(7) incorporate without change the designation of urban areas

established in section 544b(e) of this title.

(c) Adoption of management plan

Within three years after the date the Commission is established,

it shall adopt a management plan for the scenic area. The

Commission shall adopt the management plan by a majority vote of

the members appointed, including at least three members from each

State. The management plan shall -

(1) be based on the results of the resource inventory developed

pursuant to subsection (a)(1) of this section;

(2) include land use designations developed pursuant to

subsection (b) of this section;

(3) be consistent with the standards established in subsection

(d) of this section;

(4) incorporate without change the management direction for the

use of Federal lands within and the land use designations for the

special management areas adopted by the Secretary pursuant to

section 544f of this title; and

(5) include guidelines for the adoption of land use ordinances

for lands within the scenic area. The guidelines -

(A) shall incorporate without change the guidelines for the

development of special management area land use ordinances

developed by the Secretary pursuant to section 544f of this

title; and

(B) shall not apply to urban areas designated in section

544b(e) of this title.

(d) Standards for management plan

The management plan and all land use ordinances and interim

guidelines adopted pursuant to sections 544 to 544p of this title

shall include provisions to -

(1) protect and enhance agricultural lands for agricultural

uses and to allow, but not require, conversion of agricultural

lands to open space, recreation development or forest lands;

(2) protect and enhance forest lands for forest uses and to

allow, but not require, conversion of forest lands to

agricultural lands, recreation development or open spaces;

(3) protect and enhance open spaces;

(4) protect and enhance public and private recreation resources

and educational and interpretive facilities and opportunities, in

accordance with the recreation assessment adopted pursuant to

subsection (a) of this section;

(5) prohibit major development actions in special management

areas, except for partitions or short plats which the Secretary

determines are desirable to facilitate land acquisitions pursuant

to sections 544 to 544p of this title;

(6) prohibit industrial development in the scenic area outside

urban areas;

(7) require that commercial development outside urban areas

take place without adversely affecting the scenic, cultural,

recreation, or natural resources of the scenic area;

(8) require that residential development outside urban areas

take place without adversely affecting the scenic, cultural,

recreation, and natural resources of the scenic area; and

(9) require that the exploration, development and production of

mineral resources, and the reclamation of lands thereafter, take

place without adversely affecting the scenic, cultural,

recreation and natural resources of the scenic area.

(e) Agency consultation and public involvement

The Secretary and the Commission shall exercise their

responsibilities pursuant to sections 544 to 544p of this title in

consultation with Federal, State, and local governments having

jurisdiction within the scenic area or expertise pertaining to its

administration and with Indian tribes. The Secretary and the

Commission shall conduct public hearings and solicit public comment

prior to final adoption of the management plan and the Commission

shall conduct public hearings and solicit public comment prior to

final adoption of land use ordinances. The Commission and the

appropriate county shall promptly notify the Secretary, the States,

local governments and Indian tribes of all proposed major

development actions and residential development in the scenic area.

(f) Concurrence of management plan

(1) Review by Secretary

Upon adoption of the management plan, the Commission shall

promptly submit the plan to the Secretary for review. If the

Secretary agrees with the Commission that the management plan is

consistent with the standards established in this section and the

purposes of sections 544 to 544p of this title, the Secretary

shall concur to that effect. Should the Secretary fail to act on

the proposed plan within ninety days, the Secretary shall be

deemed to have concurred on the management plan.

(2) Denial of concurrence

If concurrence is denied, the Secretary shall state the reasons

for finding the plan is inconsistent with the standards

established in this section or the purposes of sections 544 to

544p of this title, and shall submit to the Commission suggested

modifications to the management plan to make it consistent with

such standards and the purposes of sections 544 to 544p of this

title.

(3) Commission reconsideration

Within one hundred and twenty days after receipt of

notification of non-concurrence, the Commission shall -

(A) revise and resubmit the plan to the Secretary; or

(B) by a vote of two-thirds of its membership, including a

majority of the members appointed from each State, reject the

suggested modifications of the Secretary and adopt a management

plan consistent with the provisions of this section and the

purposes of sections 544 to 544p of this title.

(g) Revision of plan

No sooner than five years after adoption of the management plan,

but at least every ten years, the Commission shall review the

management plan to determine whether it should be revised. The

Commission shall submit any revised management plan to the

Secretary for review and concurrence, in accordance with the

provisions of this section for adoption of the management plan.

(h) Amendment of plan

If the Commission determines at any time that conditions within

the scenic area have significantly changed, it may amend the

management plan. The Commission shall submit amendments to the

management plan to the Secretary for review, in accordance with the

provisions of this section for adoption of the management plan.

-SOURCE-

(Pub. L. 99-663, Sec. 6, Nov. 17, 1986, 100 Stat. 4279.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544c, 544e to

544i, 544l to 544p of this title.

-CITE-

16 USC Sec. 544e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544e. Administration of scenic area

-STATUTE-

(a) Management of scenic area

The non-Federal lands within the scenic area shall be

administered by the Commission in accordance with the management

plan and sections 544 to 544p of this title.

(b) Adoption of scenic area land use ordinances

(1) Within sixty days of initial receipt of the management plan,

each county shall submit to the Commission a letter stating that it

proposes to adopt a land use ordinance consistent with the

management plan. If any county fails to submit such letter or

fails to adopt a land use ordinance as provided in this section,

the Commission shall carry out the requirements of subsection (c)

of this section.

(2) Within two hundred and seventy days of receipt of the

management plan, each county shall adopt a land use ordinance

consistent with the management plan, and thereafter may adopt an

amendment, revision or variance to a land use ordinance at any

time. Each county upon adoption of a land use ordinance shall

promptly submit the ordinance to the Commission.

(3) Approval by commission. - (A) Within ninety days after

receipt of a land use ordinance, the Commission, by majority vote

including at least three members from each State, shall approve the

ordinance unless it determines the ordinance is inconsistent with

the management plan. Should the Commission fail to act within

ninety days, the ordinance shall be deemed to be approved.

(B) If approval is denied, the Commission shall state the reasons

for finding the ordinance is inconsistent with the management plan,

and shall submit to the county suggested modifications to the

ordinance to make it consistent with the management plan.

(C) Each county shall have ninety days after it receives

recommendations from the Commission to make modifications designed

to eliminate the inconsistencies and to resubmit the ordinance to

the Commission for approval. The Commission shall have sixty days

to approve or disapprove the resubmitted ordinance. Any

resubmitted ordinance shall become effective upon approval. Should

the Commission disapprove the resubmitted ordinance, it shall

promptly resubmit the ordinance for reconsideration. Should the

Commission fail to act within sixty days, the ordinance shall be

deemed to be approved.

(c) Commission land use ordinances

(1) Within ninety days after making a determination that a county

has failed to comply with the provisions of this section, the

Commission shall make and publish a land use ordinance setting

standard for the use of non-Federal lands in such county within the

boundaries of the national scenic area, excluding urban areas

identified in section 544b(e) of this title. The ordinance shall

have the object of assuring that the use of such non-Federal lands

is consistent with the management plan. The ordinance may differ

amongst the several parcels of land within the boundaries of the

scenic area. The ordinance may from time to time be amended by the

Commission.

(2) Subsequent Compliance. - In the event the Commission has

promulgated regulations pursuant to this section, a county may

thereafter upon written notice to the Commission elect to adopt a

land use ordinance, in which event it shall comply with the

provisions of this section for adoption of a land use ordinance.

Upon approval of a land use ordinance by the Commission it shall

supersede any regulations for the county developed by the

Commission, subject to valid existing rights.

(d) Construction of facilities

The Secretary is hereby authorized to design, construct, operate

and maintain such facilities as are included in the recreation

assessment.

-SOURCE-

(Pub. L. 99-663, Sec. 7, Nov. 17, 1986, 100 Stat. 4282.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544d, 544f to

544i, 544l to 544p of this title.

-CITE-

16 USC Sec. 544f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544f. Administration of special management areas

-STATUTE-

(a) Administration of Federal lands

(1) (FOOTNOTE 1) The Secretary shall administer Federal lands

within the special management areas in accordance with sections 544

to 544p of this title and other laws, rules and regulations

applicable to the national forest system. In addition, the

construction of roads and the management, utilization and harvest

of timber on Federal lands within the special management areas also

shall be subject to Forest Service visual resource management

guidelines. The Secretary shall utilize lands acquired through

exchange in calculating the allowable sales quantity on the Gifford

Pinchot and Mount Hood National Forests.

(FOOTNOTE 1) So in original. No par. (2) has been enacted.

(b) Withdrawal of Federal lands

Subject to valid existing rights, all Federal lands located in

the special management areas are hereby withdrawn from all forms of

entry, appropriation, or disposal under the public land laws, from

location, entry, and patent under the mining laws of the United

States, and from disposition under all laws pertaining to mineral

and geothermal leasing: Provided, That the Secretary may allow the

exploration, development, or production of sand, gravel, and

crushed rock as necessary to construct, maintain, or reconstruct

roads in the special management areas.

(c) Resource inventory

The Secretary shall complete a resource inventory for the special

management areas consistent with the process and substance of the

inventory prescribed by section 544d(a)(1) of this title.

(d) Recreation assessment

Within two years after November 17, 1986, the Secretary shall

complete an assessment of recreation resources in the special

management areas and opportunities for enhancement of these

resources. The recreation assessment shall -

(1) identify areas within the special management areas suitable

for designation by the Commission pursuant to section 544d of

this title for the construction of an interpretive center or

other appropriate facility, to be located in the State of Oregon,

and of a conference center or other appropriate facility, to be

located in the State of Washington;

(2) identify areas within the special management areas suitable

for other public use facilities, including but not limited to

educational and interpretive facilities, campsites, picnic areas,

boat launch facilities, and river access areas; and

(3) subject to the treaty or other rights of Indian tribes,

identify areas with the special management areas suitable for use

to increase access for recreation purposes to the Columbia River

and its tributaries.

(e) Land use designations

Within three years after November 17, 1986, the Secretary shall

develop land use designations for the special management areas.

The land use designations shall be -

(1) based on the resource inventory prepared by the Secretary

pursuant to this section; and

(2) consistent with the standards established in section 544d

of this title.

(f) Guidelines for land use ordinances

(1) (FOOTNOTE 2) Within three years after November 17, 1986, the

Secretary shall, in consultation with the Commission, develop

guidelines to assure that non-Federal lands within the special

management areas are managed consistent with the standards in

section 544d of this title and the purposes of sections 544 to 544p

of this title. The Secretary shall promptly transmit the

guidelines to the Commission for inclusion in the management plan.

The guidelines shall require that management, utilization, and

disposal of timber, and exploration, development, and production of

sand, gravel, and crushed rock for the construction, maintenance,

or reconstruction of roads used to manage or harvest forest

products on non-Federal lands within the special management areas

take place without adversely affecting the scenic, cultural,

recreation, and natural resources of the scenic area.

(FOOTNOTE 2) So in original. No par. (2) has been enacted.

(h) (FOOTNOTE 3) Adoption of special management area land use

ordinances

(FOOTNOTE 3) So in original. No subsec. (g) has been enacted.

(1) Within sixty days of receipt of the management plan, each

county shall submit to the Commission a letter stating that it

proposes to adopt a land use ordinance consistent with the

management plan. If any county fails to submit a letter as

provided in this subsection, or fails to adopt a land use ordinance

as provided in this section, the Commission shall carry out the

requirements of subsection (l) of this section.

(2) Within two hundred seventy days of receipt of the management

plan, each county shall adopt a special management area land use

ordinance consistent with the management plan, and thereafter may

adopt an amendment, revision or variance to a land use ordinance at

any time. Each county upon adoption of a special management area

land use ordinance shall promptly submit the adopted ordinance to

the Commission.

(i) Review by Commission

(1) The Commission shall review the special management area land

use ordinance received from each county, and within ninety days

after receipt shall make a tentative determination as to whether

the ordinance is consistent with the management plan. If the

Commission makes a tentative determination that the land use

ordinance is consistent with the management plan, the Commission

shall send the ordinance to the Secretary for concurrence.

(2) If the Commission makes a tentative determination that the

land use ordinance is inconsistent with the management plan, the

Commission shall state the reasons for the determination and shall

return the ordinance to the appropriate county with suggested

modifications required for consistency with the management plan.

(3) Each county shall have ninety days after it is notified by

the Commission to make modifications designed to eliminate the

inconsistencies and to resubmit the ordinance to the Commission for

tentative determination of consistency. The Commission shall have

sixty days to make a tentative consistency determination on the

resubmitted ordinance. If found consistent, the land use ordinance

shall be transmitted by the Commission to the Secretary for

concurrence that the ordinance is consistent with the management

plan. If the Commission finds the resubmitted ordinance

inconsistent, the Commission shall adopt an ordinance pursuant to

subsection (l) of this section.

(j) Concurrence by Secretary

(1) Upon receipt of a special management area land use ordinance

from the Commission, the Secretary shall notify the public of such

receipt and shall, within ninety days thereafter, concur with the

Commission's tentative determination of consistency with the

management plan unless the Secretary determines the ordinance is

inconsistent. Any ordinance submitted to the Secretary shall

become effective upon notification of concurrence. Should the

Secretary fail to act within ninety days, the Secretary shall be

deemed to have concurred with the Commission's tentative

consistency determination.

(2) Denial of Concurrence. - If concurrence is denied, the

Secretary shall state the reasons therefor and shall submit to the

Commission suggested modifications to the land use ordinances to

make them consistent with the management plan and the purposes of

sections 544 to 544p of this title.

(k) Commission reconsideration

Upon receipt of notification of nonconcurrence by the Secretary,

the Commission shall resubmit the land use ordinance to the

appropriate county. Such county shall within ninety days,

reconsider and revise the ordinance and resubmit the ordinance to

the Commission for reconsideration in accordance with the

provisions of this section. Should the Secretary again deny

concurrence, the Commission shall either prepare a land use

ordinance for such county pursuant to subsection (l) of this

section or, by a two-thirds vote of the membership of the

Commission including a majority of the members appointed from each

State, determine that the ordinance is consistent with the

management plan.

(l) Commission ordinances

(1) Within ninety days after making a determination that a county

has failed to comply with the provisions of subsection (h) of this

section, the Commission shall make and publish an ordinance setting

standards for the use of non-Federal lands of such county within

the boundaries of the special management areas. The ordinances

shall have the object of assuring that the use of such lands is

consistent with the management plan. The ordinances may differ

amongst the several parcels of land within the boundaries of the

special management areas. The ordinances may from time to time be

amended by the Commission.

(2) The Commission shall promptly submit the ordinance to the

Secretary. The Secretary shall, within ninety days after receipt of

the ordinance from the Commission, concur with the tentative

determination that the land use ordinance is consistent with the

management plan unless a determination of inconsistency is made.

Any ordinance submitted to the Secretary shall become effective

upon concurrence. Should the Secretary fail to concur within

ninety days, the land use ordinance shall be effective.

(3) If concurrence is denied, the Secretary shall state the

reasons for finding the ordinance is inconsistent with the

management plan, and shall submit to the Commission suggested

modifications to the ordinance to make it consistent with the plan.

(4) The Commission shall have ninety days after it receives

recommendations from the Secretary to make modifications designed

to eliminate the inconsistencies and to resubmit the ordinance to

the Secretary for concurrence. The Secretary shall have sixty days

to concur with the resubmitted ordinance. Any resubmitted

ordinance shall become effective upon concurrence by the Secretary.

Should the Secretary deny concurrence for the resubmitted

ordinance, the Secretary shall state the reasons therefor and shall

promptly resubmit the ordinance for reconsideration. Should the

Secretary fail to concur within sixty days, the ordinance shall be

deemed effective.

(5) Within one hundred twenty days after receipt of notification

of non-concurrence, the Commission shall -

(A) revise and resubmit the land use ordinance to the

Secretary; or

(B) by a vote of two-thirds of its membership, including a

majority of the members appointed from each State, reject the

suggested modifications of the Secretary and adopt a land use

ordinance consistent with the provisions of this section and the

purposes of sections 544 to 544p of this title.

(m) Subsequent compliance

In the event the Commission has adopted an ordinance pursuant to

this section, the affected county may thereafter, upon written

notice to the Commission and to the Secretary, elect to adopt a

special management area land use ordinance, in which event it shall

comply with the provisions of this section for adoption of special

management area land use ordinances. Upon concurrence of such land

use ordinances by the Secretary they shall supersede any special

management area land use ordinances for the county development by

the Commission, subject to valid existing rights.

(n) Effect of Secretary's non-concurrence

If the Secretary does not concur in any land use ordinance

approved or adopted by the Commission pursuant to this section, the

availability of certain funds to the relevant county shall be

governed by section 544n(c) of this title.

(o) Special rules

(1) In general

Any ordinance adopted pursuant to this section shall not apply

to any parcel or parcels of land within a special management area

if, after the date such ordinance has been adopted, three years

have elapsed after a landowner has made a bona fide offer to sell

at fair market value or otherwise convey such parcel or parcels

to the Secretary, unless the affected landowner agrees to an

extension of the three year period: Provided, That an offer shall

not be considered bona fide if the landowner refuses

consideration equal to the fair market value as appraised in

accordance with section 544g(e) of this title. Lands for which

an ordinance is suspended pursuant to this subsection shall be

subject to the relevant scenic area land use ordinance adopted

pursuant to section 544e of this title.

(2) Applicability

This subsection shall not apply to any land offered to the

Secretary for acquisition after March 31, 2001.

-SOURCE-

(Pub. L. 99-663, Sec. 8, Nov. 17, 1986, 100 Stat. 4283; Pub. L.

106-291, title III, Sec. 346(b), Oct. 11, 2000, 114 Stat. 999.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (b), are classified

generally to Title 43, Public Lands.

The mining laws of the United States and the laws pertaining to

mineral leasing, referred to in subsec. (b), are classified

generally to Title 30, Mineral Lands and Mining.

Laws pertaining to geothermal leasing, referred to in subsec.

(b), are classified principally to chapter 23 (Sec. 1001 et seq.)

of Title 30.

-MISC2-

AMENDMENTS

2000 - Subsec. (o). Pub. L. 106-291 designated existing

provisions as par. (1), inserted par. heading, substituted

''section 544g(e) of this title.'' for ''the Uniform Appraisal

Standards for Federal Land Acquisitions (Interagency Land

Acquisition Conference, 1973).'' in first sentence, and added par.

(2).

ADMINISTRATION, OPERATION, AND MAINTENANCE OF PIERCE NATIONAL

WILDLIFE REFUGE AND LITTLE WHITE SALMON NATIONAL FISH HATCHERY

Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 418, provided

in part that: ''Notwithstanding the provisions of Public Law 99-663

(enacting sections 544 to 544p of this title and amending sections

1274 and 1276 of this title), which established the Columbia River

Gorge National Scenic Area, the Pierce National Wildlife Refuge and

the Little White Salmon National Fish Hatchery shall continue to be

administered, operated and maintained in accordance with the

provisions of the National Wildlife Refuge System Administration

Act (16 U.S.C. 668dd, 668ee), Fish and Wildlife Coordination Act

(16 U.S.C. 661 et seq.), and Fish and Wildlife Act of 1956 (16

U.S.C. 742a et seq.) by the U.S. Fish and Wildlife Service.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544e, 544g to

544i, 544l to 544p of this title.

-CITE-

16 USC Sec. 544g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544g. Land acquisition

-STATUTE-

(a) Acquisition authorized

(1) The Secretary is authorized to acquire any lands or interests

therein within the special management areas and the

Dodson/Warrendale Special Purchase Unit which the Secretary

determines are needed to achieve the purposes of sections 544 to

544p of this title: Provided, That any lands, waters, or interests

therein owned by either State or any political subdivision thereof

may be acquired only by donation or exchange.

(2) Lands within the State of Oregon acquired by the Secretary

pursuant to sections 544 to 544p of this title shall become part of

the Mount Hood National Forest. Lands within the State of

Washington acquired by the Secretary pursuant to this section shall

become part of the Gifford Pinchot National Forest. All lands

acquired by the Secretary pursuant to sections 544 to 544p of this

title shall be subject to the laws and regulations pertaining to

the National Forest System and sections 544 to 544p of this title.

(b) Limitations on eminent domain

(1) Where authorized in subsection (a) of this section to acquire

land or interests therein without the consent of the owner, the

Secretary shall -

(A) acquire only such land or interests therein as is

reasonably necessary to accomplish the purposes of sections 544

to 544p of this title; and

(B) do so only in cases where all reasonable efforts to acquire

with the consent of the owner such lands, or interests therein,

have failed.

(2) Notwithstanding the provisions of subsection (a) of this

section, the Secretary may not acquire without the consent of the

owner lands or interests therein which -

(A) on November 17, 1986, were used primarily for educational,

religious, or charitable purposes, single-family residential

purposes, farming, or grazing so long as the existing character

of that use is not substantially changed or permitted for change;

(B) are located in counties with land use ordinances in which

the Secretary has concurred pursuant to section 544f of this

title, unless such lands are being used, or are in imminent

danger of being used, in a manner incompatible with such

ordinances;

(C) are within the boundaries of the Dodson/Warrendale Special

Purchase Unit; or

(D) are owned by an Indian tribe, held in trust by the United

States for an Indian tribe or member of an Indian tribe, or

otherwise administered by the United States for the benefit of an

Indian tribe or member of an Indian tribe.

(c) Hardship cases

In exercising authority to acquire lands pursuant to this section

the Secretary shall give prompt and careful consideration to any

offer made by any person or entity owning any land, or interest in

land, within the boundaries of a special management area. In

considering such offer, the Secretary shall take into consideration

any hardship to the owner which might result from any undue delay

in acquiring the property.

(d) Land exchanges

(1) The Secretary is authorized and directed, in conformance with

the provisions of this subsection, to acquire by exchange any

parcel of unimproved forest land at least forty acres in size

within the boundaries of the special management areas which is

owned by any private forest land owner if, after November 17, 1986,

but within one hundred and eighty days after final adoption of the

management plan, such private forest land owner offers to the

United States such parcel of forest land.

(2) In exercising this authority to acquire forest lands pursuant

to this subsection, the Secretary may accept title to such lands

and convey to the owner federally owned lands deemed appropriate by

the Secretary within the States of Oregon and Washington,

regardless of the State in which the transferred lands are

located. Forest lands exchanged pursuant to this subsection shall

be of approximately equal value: Provided, That the Secretary may

accept cash from or pay cash to the grantor in such an exchange in

order to equalize minor differences in the values of the properties

exchanged: Provided further, That the Secretary may reserve in any

conveyance pursuant to this subsection such easements, subsurface

rights, and any other interests in land deemed necessary or

desirable: Provided further, That the valuation of lands exchanged

shall be determined in terms of forest uses for timber.

(3) It is the intention of Congress that land exchanges pursuant

to this subsection shall be completed no later than five years

after November 17, 1986.

(4) In the event that exchanges authorized by this section leave

any private forest land owner with ownership of an uneconomic

remnant of forest land contiguous to a special management area, the

Secretary is authorized to acquire such forest lands as if they

were within the boundaries of a special management area.

(5) The following-described Federal lands and interests therein

are hereby identified as candidate lands for exchanges conducted

pursuant to this section: Provided, That the determination of which

candidate lands will be exchanged, and in what sequence, shall be

at the discretion of the Secretary. Subject to valid existing

rights, such lands are hereby withdrawn from all forms of entry or

appropriation or disposal under the public land laws, and from

location, entry, and patent under the United States mining law, and

from disposition under all laws pertaining to mineral and

geothermal leasing and all amendments thereto until the Secretary

determines such lands are no longer needed to complete exchanges

authorized by this section: Provided, That such period shall not

extend beyond five years:

GIFFORD PINCHOT NATIONAL FOREST

Wind River-Panther Creek Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

35 4N 7E

36 4N 7E

Approx. 430 acres.

-------------------------------

South Swift Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

13 6N 5E

23 6N 5E

17 6N 6E

18 6N 6E

Approx. 1,920 acres.

-------------------------------

National Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

6 14N 7E

7 14N 7E

18 14N 7E

30 14N 7E

Approx. 2,560 acres.

-------------------------------

Buck Creek-Willard Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

16 3N 9E

1 4N 9E

2 4N 9E

3 4N 9E

10 4N 9E

11 4N 9E

12 4N 9E

15 4N 9E

21 4N 9E

22 4N 9E

26 4N 9E

27 4N 9E

28 4N 9E

29 4N 9E

30 4N 9E

31 4N 9E

32 4N 9E

33 4N 9E

34 4N 9E

35 4N 9E

6 4N 10E

7 4N 10E

5 5N 10E

6 5N 10E

7 5N 10E

8 5N 10E

9 5N 10E

30 5N 10E

31 5N 10E

32 5N 10E

Approx. 14,460

acres.

-------------------------------

SIUSLAW NATIONAL FOREST

East Beaver Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

33 2S 9W

34 2S 9W

2 3S 9W

3 3S 9W

4 3S 9W

8 3S 9W

9 3S 9W

17 3S 9W

Approx. 3,053 acres.

-------------------------------

WILLAMETTE NATIONAL FOREST

Ida-McCoy Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

21 10S 6E

28 10S 6E

Approx. 680 acres.

-------------------------------

MOUNT HOOD NATIONAL FOREST

Estacada Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

15 4S 5E

Approx. 560 acres.

-------------------------------

Hood River Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

4 1N 9E

36 1N 10E

31 1N 11E

2 1S 9E

3 1S 9E

4 1S 9E

5 1S 9E

6 1S 9E

Approx. 5,800 acres.

-------------------------------

Zig-Zag Area

---------------------------------------------------------------------

Section Township Range

---------------------------------------------------------------------

22 2S 7E

29 2S 7E

Approx. 280 acres.

Total acreage: 29,743.

-------------------------------

(e) Appraisals

(1) Definition of landowner

In this subsection, the term ''landowner'' means the owner of

legal or equitable title as of September 1, 2000.

(2) Appraisal standards

Except as provided in paragraph (3), land acquired or conveyed

by purchase or exchange under this section shall be appraised in

conformity with the Uniform Appraisal Standards for Federal Land

Acquisitions.

(3) Special management areas

(A) Before April 1, 2001

Land within a special management area for which the

landowner, before April 1, 2001, makes a written bona fide

offer to convey to the Secretary for fair market value shall be

appraised -

(i) without regard to the effect of any zoning or land use

restriction made in response to sections 544 to 544p of this

title; but

(ii) subject to any other current zoning or land use

restriction imposed by the State or locality in which the

land is located on the date of the offer.

(B) On or after April 1, 2001

Land within a special management area for which the

landowner, on or after April 1, 2001, makes a written bona fide

offer to convey to the Secretary for fair market value shall be

appraised subject to -

(i) any zoning or land use restriction made in response to

sections 544 to 544p of this title; and

(ii) any other current zoning or land use restriction that

applies to the land on the date of the offer.

(f) Authorization for certain land exchanges

(1) In general

To facilitate priority land exchanges through which land within

the boundaries of the White Salmon Wild and Scenic River or

within the scenic area is conveyed to the United States, the

Secretary may accept title to such land as the Secretary

determines to be appropriate within the States, regardless of the

State in which the land conveyed by the Secretary in exchange is

located, in accordance with land exchange authorities available

to the Secretary under applicable law.

(2) Special rule for land certain exchanges

Notwithstanding any other provision of law -

(A) any exchange described in paragraph (1) for which an

agreement to initiate has been executed as of September 30,

2000, shall continue; and

(B) any timber stumpage proceeds collected under the exchange

shall be retained by the Forest Service to complete the

exchange.

(g) Boundaries

For the purposes of section 460l-9 of this title, the boundaries

of the scenic area, including special management areas and the

Dodson/Warrendale Special Purchase Unit shall be treated as if they

were within the boundaries of the Mount Hood or Gifford Pinchot

National Forests as of January 1, 1965.

-SOURCE-

(Pub. L. 99-663, Sec. 9, Nov. 17, 1986, 100 Stat. 4287; Pub. L.

104-66, title I, Sec. 1011(n), Dec. 21, 1995, 109 Stat. 710; Pub.

L. 106-291, title III, Sec. 346(a), Oct. 11, 2000, 114 Stat. 999.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (d)(5), are

classified generally to Title 43, Public Lands.

The United States mining law and the laws pertaining to mineral

leasing, referred to in subsec. (d)(5), are classified generally to

Title 30, Mineral Lands and Mining.

Laws pertaining to geothermal leasing, referred to in subsec.

(d)(5), are classified principally to chapter 23 (Sec. 1001 et

seq.) of Title 30.

-MISC2-

AMENDMENTS

2000 - Subsecs. (e) to (g). Pub. L. 106-291 added subsecs. (e)

and (f) and redesignated former subsec. (e) as (g).

1995 - Subsec. (d)(3). Pub. L. 104-66 struck out provision at end

requiring Secretary to report to Congress on status of negotiations

with owners of non-Federal lands regarding land exchanges.

PUBLICATION OF NOTICE

Pub. L. 106-291, title III, Sec. 346(c), Oct. 11, 2000, 114 Stat.

1000, provided that:

''(1) Not later than November 1, 2000, the Secretary of

Agriculture shall provide notice of the provisions contained in the

amendments made by subsections (a) and (b) (amending this section

and section 544f of this title) through -

''(A) publication of a notice in the Federal Register and in

newspapers of general circulation in the counties in the Columbia

River Gorge National Scenic Area; and

''(B) posting of a notice in each facility of the United States

Postal Service located in those counties.

''(2) If the counties wherein special management areas are

located provide the Forest Service administrator of the Columbia

River Gorge National Scenic Area lists of the names and addresses

of landowners within the special management areas as of September

1, 2000, the Forest Service shall send to such names and addresses

by certified first class mail notice of the provisions contained in

the amendments made by subsections (a) and (b);

''(A) The mailing shall occur within twenty working days of the

receipt of the list; and

''(B) The mailing shall constitute constructive notice to

landowners, and proof of receipt by the addressee shall not be

required.''

CONVEYANCE OF LANDS BETWEEN SKAMANIA COUNTY AND THE UNITED STATES

Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec. 341), Oct.

21, 1998, 112 Stat. 2681-231, 2681-296, provided that:

''Upon the condition that Skamania County conveys title

acceptable to the Secretary of Agriculture to all right, title and

interest in lands identified on a map dated September 29, 1998

entitled 'Skamania County Lands to be Transferred', such lands

being located on Table Mountain lying within the Columbia River

Gorge National Scenic Area, there is hereby conveyed to Skamania

County, notwithstanding any other provision of law, the Wind River

Nursery Site lands and facilities and all interests therein, except

for the corridor of the Pacific Crest National Scenic Trail, as

depicted on a map dated September 29, 1998, entitled 'Wind River

Conveyance', which is on file and available for public inspection

in the Office of the Chief, USDA Forest Service, Washington, D.C.

''The conveyance of lands to Skamania County shall become

automatically effective upon a determination by the Secretary that

Skamania County has conveyed acceptable title to the United States

to the Skamania County lands. Lands conveyed to the United States

shall become part of the Gifford Pinchot National Forest and shall

have the status of lands acquired under the Act of March 1, 1911,

(commonly called the Weeks Act) (see Short Title note set out under

section 552 of this title) and shall be managed in accordance with

the laws and regulations applicable to the National Forest

System.''

LAND EXCHANGES

Pub. L. 105-83, title III, Sec. 336, Nov. 14, 1997, 111 Stat.

1602, provided that: ''To facilitate priority land exchanges

through which the United States will receive land within the White

Salmon Wild and Scenic River boundaries and within the Columbia

River Gorge National Scenic Area, the Secretary of Agriculture may,

until September 30, 2000, accept title to such lands deemed

appropriate by the Secretary within the States of Oregon and

Washington, regardless of the State in which the transferred lands

are located, following existing exchange authorities.''

WIND RIVER NURSERY

Pub. L. 105-83, title III, Sec. 340, Nov. 14, 1997, 111 Stat.

1603, provided that:

''(a) The Secretary of Agriculture is authorized and directed to

negotiate with Skamania County for the exchange of lands or

interests in lands constituting the Wind River Nursery Site within

the Gifford Pinchot National Forest, Washington.

''(b) In return for the Nursery Site properties, Skamania County

is authorized and directed to negotiate with the Forest Service the

conveyance of approximately 120 acres of high biodiversity, special

management lands located near Table Mountain within the Columbia

River Gorge National Scenic Area, title to which must be acceptable

to the Secretary of Agriculture.

''(c) Before this exchange can occur, it must be of equal value

and the Secretary and the Skamania County Board of Commissioners

must agree on the exact parcels of land to be included in the

exchange. An agreement signed by the Secretary of Agriculture and

the Skamania County Board of Commissioners describing the

properties involved and a certification that the exchange is of

equal value must be completed no later than September 30, 1999.

''(d) During this two-year negotiating period, the Wind River

Nursery property shall not be conveyed to another party. The

Forest Service shall maintain the site in a tenantable condition.

''(e) Except as provided herein, the exchange shall be for equal

value in accordance with land exchange authorities applicable to

the National Forest System.

''(f) The Secretary is directed to equalize values by not only

cash and exchange of lands, easements, reservations, and other

interests in lands, but also by full value credit for such services

as Skamania County provides to the Gifford Pinchot and Columbia

River Gorge National Scenic Area and as the Secretary and Skamania

County deem appropriate. The Secretary may accept services in lieu

of cash when the Secretary can discern cash value for the services

and when the Secretary determines such services would provide

direct benefits to lands and resources and users of such lands and

resources under the jurisdiction of the Secretary.

''(g) Any cash equalization which Skamania County elects to make

may be made up to 50 percent of the fair market value of the

Federal property, and such cash equalization may be made in

installments over a period not to exceed 25 years. Payments

received as partial consideration shall be deposited into the fund

in the Treasury established under the Act of December 4, 1967 (16

U.S.C. 484a), commonly known as the Sisk Act, and shall be

available for expenditure as provided in the Act except that the

Secretary may not use those funds to purchase lands within Skamania

County.

''(h) In defining the Federal estate to be conveyed, the

Secretary may require such additional terms and conditions as

deemed necessary in connection with assuring equal value and public

interest considerations in this exchange including, but not limited

to, continued research use of the Wind River Experimental Forest

and protection of natural, cultural, and historic resources,

existing administrative sites, and a scenic corridor for the

Pacific Crest National Scenic Trail.

''(i) This authorization is predicated on Skamania County's Board

of Commissioners commitment to give foremost consideration to

preservation of the overall integrity of the site and conservation

of the educational and research potential of the site, including

providing for access to and assurance of the continued

administration and operation of forestry research on the adjacent

Thornton Munger Research Natural Area.

''(j) The Secretary is further directed to cooperate with

Skamania County to address applicable Federal and State

environmental laws.

''(k) Notwithstanding the processes involved with the National

Environmental Policy Act (of 1969, 42 U.S.C. 4321 et seq.) and the

State Environmental Policy Act, should the Secretary of Agriculture

and the Skamania County Board of Commissioners fail to reach an

agreement on an equal value exchange defined under the terms of

this legislation by September 30, 1999, the Wind River Nursery Site

shall remain under Forest Service ownership and be maintained by

the Forest Service in a tenantable condition.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544f, 544h, 544i,

544l to 544p of this title.

-CITE-

16 USC Sec. 544h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544h. Interim management

-STATUTE-

(a) Interim guidelines

(1) (FOOTNOTE 1) Within one hundred eighty days after November

17, 1986, the Secretary shall develop interim guidelines for the

scenic area outside urban areas to identify land use activities

which are inconsistent with sections 544 to 544p of this title and

to govern the authority to acquire land without the consent of the

owner provided by subsection (b) of this section. The Secretary

shall promptly notify the public of adoption of the interim

guidelines and transmit the guidelines to each county. Guidelines

adopted by the Secretary pursuant to this subsection shall remain

in effect for each county until the Secretary has developed

guidelines for the special management areas pursuant to section

544f of this title and the land use ordinances prescribed by

section 544e of this title are in effect.

(FOOTNOTE 1) So in original. No par. (2) has been enacted.

(b) Interim acquisition authority and injunctive relief

Prior to the concurrence by the Secretary of land use ordinances

prescribed by section 544f of this title and the approval by the

Commission of land use ordinances prescribed by section 544e of

this title, the following authorities are granted:

(1) The Secretary may acquire by condemnation any land or

interest which is being used or threatened to be used in a manner

inconsistent with the purposes for which the scenic area was

established and which will cause or is likely to cause impacts

adversely affecting the scenic, cultural, recreation, and natural

resources of the scenic area: Provided, That no lands or

interests therein can be acquired by condemnation pursuant to

this section if used in the same manner and for the same purposes

as used on November 17, 1986, unless such land is used for or

interest is in the development of sand, gravel, or crushed rock,

or the disposal of refuse: Provided further, That within thirty

days of the filing by the Secretary of a complaint for

condemnation of any land or interest in the scenic area, outside

of the special management areas and urban areas, the Commission,

by a vote of two-thirds of its membership including a majority of

the members appointed from each State, or if the Commission is

not in existence the Governor of the State in which the land or

interest is located, may disapprove such proposed complaint.

(2) Upon or after the commencement of any action for

condemnation pursuant to this subsection, the Secretary, acting

through the Attorney General of the United States, may apply to

the appropriate United States District Court for a temporary

restraining order or injunction to prohibit the use of any

property within the scenic area, but outside of urban areas,

which will cause or is likely to cause impacts adversely

affecting the scenic, cultural, recreation and natural resources

of the scenic area or is otherwise inconsistent with the purposes

for which the scenic area was established. During the period of

such order or injunction, the Secretary shall diligently and in

good faith negotiate with the owner of the property to assure

that, following termination of the order or injunction, the

inconsistent use is abated or the adverse effect is mitigated.

(c) Review of development action

Prior to the effective date of a land use ordinance for each

county pursuant to section 544e of this title, and concurrence of

the Secretary on a land use ordinance for each county pursuant to

section 544f of this title, the Commission shall review all

proposals for major development actions and new residential

development in such county in the scenic area, except urban areas.

The Commission shall allow major development actions and new

residential development only if it determines that such development

is consistent with the standards contained in section 544d of this

title and the purposes of sections 544 to 544p of this title.

-SOURCE-

(Pub. L. 99-663, Sec. 10, Nov. 17, 1986, 100 Stat. 4291.)

-COD-

CODIFICATION

November 17, 1986, referred to in subsec. (b)(1), was in the

original ''the effective date of this Act'', which was translated

as being the date of enactment of Pub. L. 99-663.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544g, 544i, 544l

to 544p of this title.

-CITE-

16 USC Sec. 544i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544i. Economic development

-STATUTE-

(a) Economic development plan

Based on the Economic Opportunity Study and other appropriate

information, each State, in consultation with the counties and the

Commission, shall develop a plan for economic development projects

for which grants under this section may be used in a manner

consistent with sections 544 to 544p of this title.

(b) Funds provided to States for grants

Upon certification of the management plan, and receipt of a plan

referred to in subsection (a) of this section, the Secretary shall

provide $5,000,000 to each State which each State shall use to make

grants and loans for economic development projects that further the

purposes of sections 544 to 544p of this title.

(c) Conditions of grants

Each State making grants under this section shall require as a

condition of a grant that -

(1) all activities undertaken under the grant are certified by

the Commission as being consistent with the purposes of sections

544 to 544p of this title, the management plan, and land use

ordinances adopted pursuant to sections 544 to 544p of this

title;

(2) grants and loans are not used to relocate a business from

one community to another;

(3) grants and loans are not used for program administration;

and

(4) grants and loans are used only in counties which have in

effect land use ordinances found consistent by the Commission and

concurred on by the Secretary pursuant to section 544f of this

title.

(d) Report

Each State shall -

(1) prepare and provide the Secretary with an annual report to

the Secretary on the use of the funds made available under this

section;

(2) make available to the Secretary and to the Commission, upon

request, all accounts, financial records, and other information

related to grants and loans made available pursuant to this

section; and

(3) as loans are repaid, make additional grants and loans with

the money made available for obligation by such repayments.

-SOURCE-

(Pub. L. 99-663, Sec. 11, Nov. 17, 1986, 100 Stat. 4292.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544h, 544l to 544p

of this title.

-CITE-

16 USC Sec. 544j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544j. Old Columbia River Highway

-STATUTE-

The Oregon Department of Transportation shall, in consultation

with the Secretary and the Commission, the State of Oregon and the

counties and cities in which the Old Columbia River Highway is

located, prepare a program and undertake efforts to preserve and

restore the continuity and historic integrity of the remaining

segments of the Old Columbia River Highway for public use as a

Historic Road, including recreation trails to connect intact and

usable segments.

-SOURCE-

(Pub. L. 99-663, Sec. 12, Nov. 17, 1986, 100 Stat. 4293.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544i, 544l to 544p

of this title.

-CITE-

16 USC Sec. 544k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544k. Tributary rivers and streams

-STATUTE-

(a) Water resources projects

The following rivers and streams shall be subject to the same

restrictions on the licensing, permitting, and exempting from

licensing and the construction of water resource projects as

provided for components of the National Wild and Scenic Rivers

System pursuant to section 7(a) of the Wild and Scenic Rivers Act

(16 U.S.C. 1278(a)):

(1) any tributary river or stream to the Columbia River not

designated in subsections (FOOTNOTE 1) (c) or (d) of this section

or otherwise specified in this subsection which flows in whole or

in part through a special management area, unless the

construction of a water resources project would not have a direct

and adverse effect on the scenic, cultural, recreation, and

natural resources of the scenic area;

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

(2) any river or river segment which flows in whole or in part

through the scenic area and which is established pursuant to

State law as a wild, scenic, or recreation river or which is

under study pursuant to State law for the potential inclusion in

any such State protected river system, unless such project or

projects meet terms and conditions set by State agencies

exercising administration over such river or river segment;

(3) the Wind River, Washington, for a period not less than

three years following the later of -

(A) final approval of the Gifford Pinchot National Forest

Plan, adopted pursuant to the National Forest Management Act of

1976 (Act of October 22, 1976, Public Law 94-588, as amended)

(16 U.S.C. 1600 et seq.); or

(B) submittal by the Secretary of a report to the President

on the suitability or nonsuitability for addition to the

national wild and scenic rivers system and a report by the

President to the Congress of recommendations and proposals with

respect to the designation of such river under the Wild and

Scenic Rivers Act (16 U.S.C. 1271 et seq.);

(4) the Hood River, Oregon, for a period not to exceed twenty

years from November 17, 1986, if such facility impounds or

diverts water other than by means of a dam or diversion existing

as of November 17, 1986; and

(5) the segment of the Little White Salmon, Washington, from

the Willard National Fish Hatchery to its confluence with the

Columbia River if such facility impounds or diverts water other

than by means of a dam or diversion existing as of November 17,

1986.

(b) Exceptions

The provisions of subsection (a) of this section shall not apply

to those portions of tributary rivers or streams to the Columbia

River which flow through or border on Indian reservations. Nothing

in this section shall apply to or affect any segment of any river

designated as a wild and scenic river under section 3 of the Wild

and Scenic Rivers Act (16 U.S.C. 1274) or any river designated for

study under section 5 of such Act (16 U.S.C. 1276).

-SOURCE-

(Pub. L. 99-663, Sec. 13(a), (b), Nov. 17, 1986, 100 Stat. 4293,

4294.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (c) or (d) of this section, referred to in subsec.

(a)(1), is subsec. (c) or (d) of section 13 of Pub. L. 99-663, Nov.

17, 1986, 100 Stat. 4294, which amended sections 1274(a) and

1276(a), respectively, of this title.

The National Forest Management Act of 1976, referred to in

subsec. (a)(3)(A), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949,

as amended, which enacted sections 472a, 521b, 1600, and 1611 to

1614 of this title, amended sections 500, 515, 516, 518, 576b, and

1601 to 1610 of this title, repealed sections 476, 513, and 514 of

this title, and enacted provisions set out as notes under sections

476, 513, 528, 594-2, and 1600 of this title. For complete

classification of this Act to the Code, see Short Title of 1976

Amendment note set out under section 1600 of this title and Tables.

The Wild and Scenic Rivers Act, referred to in subsec. (a)(3)(B),

is Pub. L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is

classified generally to chapter 28 (Sec. 1271 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1271 of this title and

Tables.

-COD-

CODIFICATION

Section 13 of Pub. L. 99-663, which enacted this section,

consisted of subsecs. (a) to (d). Subsecs. (a) and (b) of section

13 were classified to this section, and subsecs. (c) and (d) of

section 13 amended sections 1274 and 1276 of this title,

respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544i, 544l to 544p

of this title.

-CITE-

16 USC Sec. 544l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544l. Implementation measures

-STATUTE-

(a) Assistance to counties

The Secretary shall provide technical assistance on a

nonreimbursable basis to counties for the development of land use

ordinances prescribed by sections 544e and 544f of this title:

Provided, That in the event a county fails to obtain approval by

the Commission for a land use ordinance within three years after

the date technical assistance is first provided under this

subsection for the development of a land use ordinance, the

Secretary shall terminate all technical assistance for any

participation in the development of such ordinance.

(b) Payment of timber receipts

(1) Notwithstanding the provisions of section 500 of this title,

that portion of which is paid under such provisions to the State of

Oregon with respect to the special management areas within the

Mount Hood National Forest, the Gates of the Columbia Gorge Special

Management Area, Mount Hood National Forest, and to the State of

Washington with respect to the special management areas within the

Gifford Pinchot National Forest -

(A) not less than 50 per centum shall be expended for the

benefit of the public schools of the county which has adopted

implementation measures pursuant to sections 544 to 544p of this

title; and

(B) the remainder shall be expended for the benefit of public

roads or any public purposes of any county which has adopted

implementation measures pursuant to sections 544 to 544p of this

title.

(2) Paragraph (1) of this subsection shall not apply -

(A) to any amount paid by the Secretary of the Treasury under

the provisions of law referred to in subsection (b)(1) of this

section at the end of any fiscal year ending before November 17,

1986; or

(B) for a particular county, if the county does not have in

effect a land use ordinance which has been found consistent by

the Commission and concurred on by the Secretary pursuant to

section 544f of this title.

(c) Payments to local governments

(1) Subject to section 544n(b) of this title, in the case of any

land or interest therein acquired by the Secretary pursuant to

section 544g of this title, which was subject to local real

property taxes within the five years preceding such acquisition and

which is located in a county which has in effect a land use

ordinance which has been found consistent by the Commission and

concurred on by the Secretary pursuant to section 544f of this

title, the Secretary is authorized and directed to make annual

payments to the county in which such lands are located in an amount

equal to 1 per centum of the fair market value of such land or

interest therein on the date of acquisition by the Secretary.

(2) Notwithstanding paragraph (1) of this subsection, any payment

made for any fiscal year to a county pursuant to this subsection

shall not exceed the amount of real property taxes assessed and

levied on such property during the last full fiscal year before the

fiscal year in which such land or interest therein was acquired by

the Secretary.

(3) Limitation. -

(A) In general. - Except as provided in subparagraph (B), no

payment shall be made under this subsection with respect to any

land or interest therein after the eighth full fiscal year

beginning after the first fiscal year in which such a payment was

made with respect to such land or interest therein.

(B) Continuation of certain payments. - For any land or

interest in land for which the Secretary is making a payment in

fiscal year 2000, such payment shall be continued for a total of

eight fiscal years.

(d) Federal consistency

Except as otherwise provided in subsection (e) of this section or

in section 544o of this title, Federal agencies having

responsibilities within the scenic area shall exercise such

responsibilities consistent with the provisions of sections 544 to

544p of this title as determined by the Secretary.

(e) Limitations on Federal expenditures affecting the scenic area

(1) Except as provided in paragraph (3), if the Commission has

not been established pursuant to section 544c of this title within

fifteen months after November 17, 1986, or is otherwise

disestablished for any reason, no new expenditures or new financial

assistance may be made available, and no new license or new permit,

or exemption from a license or permit requirement, shall be issued,

under authority of any Federal law for any activity within the

scenic area, excluding urban areas, which the Secretary, (FOOTNOTE

1) determines is inconsistent with any implementation measure

pursuant to, the standards established in section 544d(b) of this

title, or the purposes of sections 544 to 544p of this title.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(2)(A)(i) An expenditure or financial assistance made available

under authority of Federal law shall be treated, for purposes of

this subsection, as a new expenditure or new financial assistance

if -

(I) in any case with respect to which specific appropriations

are required, no money for construction or purchase was

appropriated before October 1, 1986; or

(II) no legally binding commitment for the expenditure or

financial assistance was made before October 1, 1986.

(ii) Payments made to the State pursuant to the following Acts

shall not be treated as an expenditure or financial assistance for

purposes of this subsection: section 500 of this title; the Mineral

Lands Leasing Act of 1920 (30 U.S.C. 181 et seq.); chapter 69 of

title 31 (relating to payments in lieu of taxes for entitlement

land); the Act of June 9, 1916 (39 Stat. 218), and the Act of Feb.

26, 1919 (40 Stat. 1179).

(B) A license or permit, or exemption from a license or permit

requirement, shall be treated, for purposes of this subsection, as

a new license or new permit, or exemption from a license or permit

requirement, if such license or permit, or exemption from a license

or permit requirement, was issued on or after October 1, 1986. A

renewal under similar terms and conditions of a license or permit,

or exemption from a license or permit requirement, issued before

October 1, 1986, shall not be treated as a new license or new

permit, or exemption from a license or permit requirement.

(3) Notwithstanding paragraph (1), the appropriate Federal

officer, after consultation with the Secretary, may make Federal

expenditures or financial assistance available within the area for

any of the following:

(A) The maintenance of existing channel improvements and

related structures, and including the disposal of dredge

materials related to such improvements.

(B) The maintenance, replacement, reconstruction, or repair,

but not the expansion, of publicly owned or publicly operated

roads, structures, or facilities that are essential links in a

larger network or system.

(C) Military activities essential to national security.

(D) Any of the following actions or projects, but only if the

making available of expenditures or assistance therefor is

consistent with the standards in section 544d(b) of this title

and the purposes of sections 544 to 544p of this title:

(i) Projects for the study, management, protection and

enhancement of fish and wildlife resources and habitats,

including, but not limited to, acquisition of fish and wildlife

habitats and related lands, stabilization projects for fish and

wildlife habitats, and recreational projects.

(ii) The establishment, operation, and maintenance of air and

water navigation aids and devices, and for access thereto.

(iii) Projects under the Land and Water Conservation Fund Act

of 1965 (16 U.S.C. 460l-4 through 11) and the Coastal Zone

Management Act of 1972 (16 U.S.C. 1451 et seq.).

(iv) Scientific research, including but not limited to

aeronautical, atmospheric, space, geologic, marine, fish and

wildlife, and other research, development, and applications.

(v) Assistance for emergency actions essential to the saving

of lives and the protection of property and the public health

and safety, if such actions are performed pursuant to sections

305 and 306 of the Disaster Relief Act of 1974 (42 U.S.C. 5145

and 5146) (FOOTNOTE 2) and section 1362 of the National Flood

Insurance Act of 1968 (42 U.S.C. 4103) (FOOTNOTE 2) and are

limited to actions that are necessary to alleviate the

emergency.

(FOOTNOTE 2) See References in Text note below.

(vi) The maintenance, replacement, reconstruction, or repair,

but not the expansion, of publicly owned or publicly operated

roads, structures, or facilities. This clause shall not apply

to roads, structures, or facilities referred to in paragraph

(3)(B).

(vii) Nonstructural projects for shoreline stabilization that

are designed to mimic, enhance, or restore natural

stabilization systems.

(4) The Director of the Office of Management and Budget shall, on

behalf of each Federal agency concerned, make written certification

that each such agency has complied with the provisions of this

subsection during each fiscal year beginning after September 30,

1987. Such certification shall be submitted on an annual basis to

the House of Representatives and the Senate pursuant to the

schedule required under the Congressional Budget and Impoundment

Control Act of 1974.

(5) Nothing contained in this subsection shall be construed as

indicating an intent on the part of the Congress to change the

existing relationship of other Federal laws to the law of a State,

or a political subdivision of a State, or to relieve any person or

any obligation imposed by any law of any State, or political

subdivision of a State. No provision of this subsection shall be

construed to invalidate any provision of State or local law unless

there is a direct conflict between such provision and the law of

the State, or political subdivision of the State, so that the two

cannot be reconciled or consistently stand together. This

subsection shall in no way be interpreted to interfere with a

State's right to protect, rehabilitate, preserve, and restore lands

within its established boundary.

(f) Transfer of public lands

Subject to valid existing rights, all public lands within the

scenic area administered by the Secretary of the Interior through

the Bureau of Land Management are hereby transferred without

consideration to the jurisdiction of the Secretary to be managed as

National Forest lands in accordance with the provisions of sections

544 to 544p of this title.

-SOURCE-

(Pub. L. 99-663, Sec. 14, Nov. 17, 1986, 100 Stat. 4294; Pub. L.

106-291, title III, Sec. 346(e), Oct. 11, 2000, 114 Stat. 1000.)

-REFTEXT-

REFERENCES IN TEXT

The Mineral Lands Leasing Act of 1920, referred to in subsec.

(e)(2)(A)(ii), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as

amended, known as the Mineral Leasing Act, which is classified

generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral

Lands and Mining. For complete classification of this Act to the

Code, see Short Title note set out under section 181 of Title 30

and Tables.

Act of June 9, 1916, referred to in subsec. (e)(2)(A)(ii), is act

June 9, 1916, ch. 137, 39 Stat. 218, which is not classified to the

Code.

Act of Feb. 26, 1919, referred to in subsec. (e)(2)(A)(ii), is

act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified

to the Code.

The Land and Water Conservation Fund Act of 1965, referred to in

subsec. (e)(3)(D)(iii), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat.

897, as amended, which is classified generally to part B (Sec.

460l-4 et seq.) of subchapter LXIX of chapter 1 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 460l-4 of this title and Tables.

The Coastal Zone Management Act of 1972, referred to in subsec.

(e)(3)(D)(iii), is title III of Pub. L. 89-454 as added by Pub. L.

92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is

classified generally to chapter 33 (Sec. 1451 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1451 of this title and

Tables.

The Disaster Relief Act of 1974, referred to in subsec.

(e)(3)(D)(v), was renamed The Robert T. Stafford Disaster Relief

and Emergency Assistance Act, and was substantially revised by Pub.

L. 100-707, Nov. 23, 1988, 102 Stat. 4689. Section 102(b) of Pub.

L. 100-707 provided that a reference in any other law to a

provision of the Disaster Relief Act of 1974 shall be deemed to be

a reference to such provision of The Robert T. Stafford Disaster

Relief and Emergency Assistance Act. The Robert T. Stafford

Disaster Relief and Emergency Assistance Act was renamed the Robert

T. Stafford Disaster Relief and Emergency Assistance Act by Pub. L.

106-390, title III, Sec. 301, Oct. 30, 2000, 114 Stat. 1572.

Section 105(d) of Pub. L. 100-707 repealed sections 305 and 306 of

the Act (42 U.S.C. 5145 and 5146) and redesignated sections 308 and

309 of the Act (42 U.S.C. 5148 and 5149), and any references

thereto, as sections 305 and 306, respectively. For corresponding

provisions to former sections 305 and 306 of the Act, see sections

5170a, 5170b, and 5192 of Title 42, The Public Health and Welfare.

Section 1362 of the National Flood Insurance Act of 1968 (42

U.S.C. 4103), referred to in subsec. (e)(3)(D)(v), was repealed by

Pub. L. 103-325, title V, Sec. 551(a), Sept. 23, 1994, 108 Stat.

2269.

The Congressional Budget and Impoundment Control Act of 1974,

referred to in subsec. (e)(4), is Pub. L. 93-344, July 12, 1974, 88

Stat. 297, as amended. For complete classification of this Act to

the Code, see Short Title note set out under section 621 of Title

2, The Congress, and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (c)(3). Pub. L. 106-291 inserted par. heading,

designated existing provisions as subpar. (A), inserted subpar.

heading, substituted ''Except as provided in subparagraph (B), no

payment'' for ''No payment'', substituted ''eighth full fiscal

year'' for ''fifth full fiscal year'', and added subpar. (B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544i, 544m to 544p

of this title.

-CITE-

16 USC Sec. 544m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544m. Enforcement

-STATUTE-

(a) Administrative remedies

(1) Commission orders

The Commission shall monitor activities of counties pursuant to

sections 544 to 544p of this title and shall take such actions as

it determines are necessary to ensure compliance.

(2) Appeal to the Commission

Any person or entity adversely affected by any final action or

order of a county relating to the implementation of sections 544

to 544p of this title may appeal such action or order to the

Commission by filing with the Commission within thirty days of

such action or order, a written petition requesting that such

action or order be modified, terminated, or set aside.

(3) Civil penalties

Any person or entity who willfully violates the management plan

or any land use ordinance or any implementation measure or any

order issued by the Commission pursuant to sections 544 to 544p

of this title may be assessed a civil penalty by the Commission

not to exceed $10,000 for each violation. No penalty may be

assessed under this subsection unless such person or entity is

given notice and opportunity for a public hearing with respect to

such violation. The Commission may compromise, modify, or remit,

with or without conditions, any penalty imposed under this

subsection, taking into consideration the nature and seriousness

of the violation and the efforts of the violator to remedy the

violation in a timely manner.

(b) Judicial remedies

(1) Civil actions to enforce sections 544 to 544p of this title

(A) Except as otherwise limited by sections 544 to 544p of this

title, the Attorney General of the United States may, at the

request of the Secretary, institute a civil action for an

injunction or other appropriate order to prevent any person or

entity from utilizing lands within the special management areas

in violation of the provisions of sections 544 to 544p of this

title, interim guideline adopted or other action taken by the

Secretary pursuant to sections 544 to 544p of this title.

(B) The Commission, or, at the request of the Commission, or

the attorney general of Oregon or Washington, may institute a

civil action for an injunction or other appropriate order to

prevent any person or entity from utilizing lands within the

scenic area outside urban areas in violation of the provisions of

sections 544 to 544p of this title, the management plan, or any

land use ordinance or interim guideline adopted or other action

taken by the Commission or any county pursuant to sections 544 to

544p of this title.

(2) Citizens suits

Any person or entity adversely affected may commence a civil

action to compel compliance with sections 544 to 544p of this

title -

(A) against the Secretary, the Commission or any county where

there is alleged a violation of the provisions of sections 544

to 544p of this title, the management plan or any land use

ordinance or interim guideline adopted or other action taken by

the Secretary, the Commission, or any county pursuant to or

Commission (FOOTNOTE 1) under sections 544 to 544p of this

title; or

(FOOTNOTE 1) So in original. The word ''Commission'' probably

should not appear.

(B) against the Secretary, the Commission, or any county

where there is alleged a failure of the Secretary, the

Commission or any county to perform any act or duty under

sections 544 to 544p of this title which is not discretionary

with the Secretary, the Commission or any county.

(3) Limitation on bringing of citizens suits

No action may be commenced -

(A) under paragraph (2)(A) of this subsection -

(i) prior to sixty days after the plaintiff has given

notice in writing of the alleged violation to the Secretary,

to the Commission, and to the county in which the violation

is alleged to have occurred; or

(ii) if the Attorney General of the United States, or the

attorney general of Oregon or Washington, has commenced and

is diligently prosecuting a civil action on the same matter

pursuant to paragraph (1) of this subsection to require

compliance with the management plan or any regulations,

guidelines, or standards issued or other actions taken by the

Secretary, the Commission, or any county pursuant to sections

544 to 544p of this title: Provided, That in any such action

any person or entity otherwise entitled to bring an action

pursuant to paragraph (2) of this subsection may intervene as

a matter of right; or

(iii) which challenges the consistency of the draft

management plan with the purposes and standards of sections

544 to 544p of this title or with other applicable law prior

to the certification or adoption of the Management Plan

pursuant to section 544d of this title; or

(B) under paragraph (2)(B) of this subsection prior to sixty

days after the plaintiff has given notice in writing of such

action to the Secretary, the Commission, and to the county in

which the failure to perform any act or duty pursuant to

sections 544 to 544p of this title is alleged: Provided, That

such action may be brought immediately after such notification

where the violation or order complained of constitutes an

imminent threat to the health or safety of the plaintiff or

would immediately affect a legal interest of the plaintiff.

(4) Judicial review

Any person or entity adversely affected by -

(A) any final action or order of a county, the Commission, or

the Secretary relating to the implementation of sections 544 to

544p of this title;

(B) any land use ordinance or interim guideline adopted

pursuant to sections 544 to 544p of this title;

(C) any appeal to the Commission pursuant to this section;

(D) any civil penalty assessed by the Commission pursuant to

paragraph (a)(3) of this subsection may appeal such action or

order by filing in any of the courts specified in paragraph (5)

of this subsection, within sixty days after the date of service

of such order or within sixty days after such action is taken,

a written petition requesting such action, order, land use

ordinance, interim guideline, or appeal taken to the Commission

be modified, terminated, or set aside.

(5) Federal court jurisdiction

The United States district courts located in the States of

Oregon and Washington shall have jurisdiction over -

(A) any criminal penalty imposed pursuant to section 551 of

this title, or any other applicable law for violation of any

order, regulation or other action taken by the Secretary

pursuant to sections 544 to 544p of this title;

(B) any civil action brought against the Secretary pursuant

to this section; or

(C) any appeal of any order, regulation, or other action of

the Secretary taken pursuant to paragraph (4) of this

subsection.

(6) State court jurisdiction

The State courts of the States of Oregon and Washington shall

have jurisdiction -

(A) to review any appeals taken to the Commission pursuant to

subsection (a)(2) of this section;

(B) over any civil action brought by the Commission pursuant

to subsection (b)(1) of this section or against the Commission,

a State, or a county pursuant to subsection (b)(2) of this

section;

(C) over any appeal of any order, regulation, or other action

of the Commission or a county taken pursuant to paragraph 4

(FOOTNOTE 2) of this subsection; or

(FOOTNOTE 2) So in original. Probably should be paragraph

''(4)''.

(D) any civil penalties assessed by the Commission pursuant

to subsection (a)(3) of this section.

-SOURCE-

(Pub. L. 99-663, Sec. 15, Nov. 17, 1986, 100 Stat. 4297.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544i, 544l, 544n

to 544p of this title.

-CITE-

16 USC Sec. 544n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544n. Authorization of appropriations

-STATUTE-

(a) General authorizations

There are authorized to be appropriated for fiscal years after

the fiscal year 1986 such sums as are described below; (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The semicolon probably should be a

colon.

(1) For the purpose of acquisition of lands, water and

interests therein pursuant to sections 544 to 544p of this title:

$40,000,000: Provided, That of this amount no more than

$10,000,000 shall be available to acquire lands, water, and

interests therein pursuant to section 544h of this title. Such

amounts are authorized to be appropriated from amounts covered

into the Land and Water Conservation Fund notwithstanding any

allocation, apportionment, or limitation contained in the Land

and Water Conservation Fund (16 U.S.C. 460l-4 and following).

(2) For the purpose of providing payments to local governments

pursuant to section 544l(c) of this title: $2,000,000.

(b) Specific authorizations

There are authorized to be appropriated for fiscal years after

the fiscal year 1986, effective upon concurrence on the management

plan pursuant to section 544d of this title:

(1) For the purpose of construction of an interpretive center

to be located in the State of Oregon, and a conference center to

be located in the State of Washington: $10,000,000.

(2) For the purpose of construction of recreation facilities

pursuant to section 544e(d) of this title: $10,000,000.

(3) For the purpose of preparing a program and restoring and

reconstructing the Old Columbia River Scenic Highway, Oregon

pursuant to section 544j of this title: $2,800,000.

(4) For the purpose of providing economic development grants

pursuant to section 544i of this title: $5,000,000 for each

State: Provided, That funds authorized to be appropriated

pursuant to this paragraph shall be available for the acquisition

of lands and interests therein pursuant to section 544h of this

title if, at the expiration of three years, the States have

failed to carry out their respective function pursuant to section

544c of this title.

(c) Availability of funds

Funds appropriated under subsections (a)(2) and (b) of this

section shall not be made available for any county which does not

have in effect a land use ordinance which has been found to be

consistent by the Commission, and concurred on by the Secretary as

consistent with the management plan pursuant to section 544f of

this title.

-SOURCE-

(Pub. L. 99-663, Sec. 16, Nov. 17, 1986, 100 Stat. 4300.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund (16 U.S.C. 460l-4 and

following), referred to in subsec. (a)(1), probably means the Land

and Water Conservation Fund Act of 1965, Pub. L. 88-578, Sept. 3,

1964, 78 Stat. 897, as amended, which is classified generally to

part B (Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 460l-4 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544i, 544l, 544m,

544o, 544p of this title.

-CITE-

16 USC Sec. 544o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544o. Savings provisions

-STATUTE-

(a) Effect on rights of Indians, use of water, rivers and streams,

interstate compacts, existing transmission facilities, hunting

and fishing, forest plans, scenic areas

Nothing in sections 544 to 544p of this title shall -

(1) affect or modify any treaty or other rights of any Indian

tribe;

(2) except as provided in section 13(c), authorize the

appropriation or use of water by any Federal, State, or local

agency, Indian tribe, or any other entity or individual;

(3) except as provided in section 13(c), affect the rights or

jurisdictions of the United States, the States, Indian tribes or

other entities over waters of any river or stream or over any

ground water resource or affect or interfere with transportation

activities on any such river or stream;

(4) except as provided in section 13(c), alter, establish, or

affect the respective rights of the United States, the States,

Indian tribes, or any person with respect to any water or

water-related right;

(5) alter, amend, repeal, interpret, modify, or be in conflict

with any interstate compact made by the States before November

17, 1986;

(6) affect or modify the ability of the Bonneville Power

Administration to operate, maintain, and modify existing

transmission facilities;

(7) affect lands held in trust by the Secretary of the Interior

for Indian tribes or individual members of Indian tribes or other

lands acquired by the Army Corps of Engineers and administered by

the Secretary of the Interior for the benefit of Indian tribes

and individual members of Indian tribes;

(8) affect the laws, rules and regulations pertaining to

hunting and fishing under existing State and Federal laws and

Indian treaties;

(9) require any revision or amendment of any forest plan

adopted pursuant to the National Forest Management Act of 1976

(Act of October 22, 1976, Public Law 94-588, as amended (16

U.S.C. 1600 et seq.)); or

(10) establish protective perimeters or buffer zones around the

scenic area or each special management area. The fact that

activities or uses inconsistent with the management directives

for the scenic area or special management areas can be seen or

heard from these areas shall not, of itself, preclude such

activities or uses up to the boundaries of the scenic area or

special management areas.

(b) Improvement of navigation facilities at Bonneville Dam

Except for the offsite disposal of excavation material, nothing

in sections 544 to 544p of this title shall be construed to affect

or modify the responsibility of the United States Army Corps of

Engineers to improve navigation facilities at Bonneville Dam

pursuant to Federal law.

(c) Rights and responsibilities of non-Federal timber land owners

Except for the management, utilization, or disposal of timber

resources of non-Federal lands within the special management areas,

nothing in sections 544 to 544p of this title shall affect the

rights and responsibilities of non-Federal timber land owners under

the Oregon and Washington Forest Practices Acts or any county

regulations which under applicable State law supersede such Acts.

(d) Interstate compacts

Mandatory language in sections 544 to 544p of this title

respecting the powers and responsibilities of the Commission shall

be interpreted as conditions precedent to congressional consent to

the interstate compact described in section 544c of this title.

(e) Failure to establish Columbia River Gorge Commission;

responsibility of Secretary

In the event that the States of Washington and Oregon fail to

comply with the provisions of section 544c of this title, the

Secretary shall not be obligated to take actions which are

predicated upon the establishment of the Commission.

(f) Actions of Secretary as major Federal actions affecting the

environment

(1) Actions by the Secretary pursuant to subsections (f), (g),

and (h) of section 544d of this title; subsections (f), (j), (k),

and (l) of section 544f of this title; section 544g of this title;

and subsections (a) and (b)(2) of section 544h of this title shall

neither be considered major Federal actions significantly affecting

the quality of the environment under section 102 of the National

Environmental Policy Act (42 U.S.C. 4332) nor require the

preparation of an environmental assessment in accordance with that

Act (42 U.S.C. 4321 et seq.).

(2) Except as provided in paragraph (1) of this subsection,

nothing in sections 544 to 544p of this title shall expand,

restrict, or otherwise alter the duties of the Secretary under the

National Environmental Policy Act.

-SOURCE-

(Pub. L. 99-663, Sec. 17, Nov. 17, 1986, 100 Stat. 4300.)

-REFTEXT-

REFERENCES IN TEXT

Section 13(c), referred to in subsec. (a)(2) to (4), is section

13(c) of Pub. L. 99-663, Nov. 17, 1986, 100 Stat. 4294, which

amended section 1274(a) of this title.

The National Forest Management Act of 1976, referred to in

subsec. (a)(9), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as

amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614

of this title, amended sections 500, 515, 516, 518, 576b, 581h, and

1601 to 1610 of this title, repealed sections 476, 513, and 514 of

this title, and enacted provisions set out as notes under sections

476, 513, 528, 594-2, and 1600 of this title. For complete

classification of this Act to the Code, see Short Title of 1976

Amendment note set out under section 1600 of this title and Tables.

The National Environmental Policy Act, referred to in subsec.

(f), probably means the National Environmental Policy Act of 1969,

Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is

classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 4321 of

Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544i, 544l to

544n, 544p of this title.

-CITE-

16 USC Sec. 544p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 544p. Severability

-STATUTE-

(a) (FOOTNOTE 1) If any provision of sections 544 to 544p of this

title or the application thereof to any person, State, Indian

tribe, entity, or circumstance is held invalid, neither the

remainder of sections 544 to 544p of this title, nor the

application of any provisions herein to other persons, States,

Indian tribes, entities, or circumstances, shall be affected

thereby.

(FOOTNOTE 1) So in original. No subsec. (b) has been enacted.

-SOURCE-

(Pub. L. 99-663, Sec. 18, Nov. 17, 1986, 100 Stat. 4302.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 544 to 544i, 544l to 544o

of this title.

-CITE-

16 USC Sec. 545 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 545. Mount Pleasant National Scenic Area; purposes

-STATUTE-

The purposes of sections 545 and 545a of this title with respect

to the Mount Pleasant National Scenic Area are to -

(1) ensure appropriate protection and preservation of the

scenic quality, water quality, natural characteristics, and water

resources;

(2) protect and manage vegetation to provide wildlife and fish

habitat, consistent with paragraph (1);

(3) provide areas that may develop characteristics of

old-growth forests; and

(4) provide a variety of recreation opportunities that are not

inconsistent with the preceding purposes.

-SOURCE-

(Pub. L. 103-314, Sec. 2, Aug. 26, 1994, 108 Stat. 1703; Pub. L.

104-127, title IX, Sec. 915, Apr. 4, 1996, 110 Stat. 1187.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 substituted ''Mount Pleasant National

Scenic Area'' for ''George Washington National Forest Mount

Pleasant Scenic Area'' in introductory provisions.

SHORT TITLE

Section 1 of Pub. L. 103-314, as amended by Pub. L. 104-127,

title IX, Sec. 915, Apr. 4, 1996, 110 Stat. 1187, provided that:

''This Act (enacting sections 545 and 545a of this title) may be

cited as the 'Mount Pleasant National Scenic Area Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 545a of this title.

-CITE-

16 USC Sec. 545a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 545a. Establishment of Mount Pleasant National Scenic Area

-STATUTE-

(a) In general

(1) Establishment

There is hereby established in the George Washington National

Forest, Virginia, the Mount Pleasant National Scenic Area (in

this section referred to as the ''scenic area'').

(2) Lands included in scenic area

The scenic area shall consist of certain lands in the George

Washington National Forest, Virginia, which comprise

approximately seven thousand five hundred and eighty acres, as

generally depicted on a map entitled ''Mount Pleasant National

Scenic Area - Proposed'', dated June 21, 1993.

(3) Maps and descriptions

As soon as practicable after August 26, 1994, the Secretary

shall file a map and boundary description of the scenic area with

the Committee on Agriculture, Nutrition, and Forestry of the

Senate and the Committee on Agriculture of the House of

Representatives. The map and description shall have the same

force and effect as if included in sections 545 and 545a of this

title, except that the Secretary is authorized to correct

clerical and typographical errors in such boundary description

and map. Such map and boundary description shall be on file and

available for public inspection in the Office of the Chief of the

Forest Service, Department of Agriculture. In the case of any

discrepancy between the acreage and the map described in

paragraph (2), the map shall control.

(b) Administration

(1) In general

The Secretary of Agriculture (in this section referred to as

the ''Secretary'') shall administer the scenic area in accordance

with sections 545 and 545a of this title and the laws and

regulations generally applicable to the National Forest System.

In the event of conflict between sections 545 and 545a of this

title and other laws and regulations, sections 545 and 545a of

this title shall take precedence.

(2) Management plan

Within three years after August 26, 1994, the Secretary shall

develop a management plan for the scenic area as an amendment to

the Land and Resource Management Plan for the George Washington

National Forest. Such an amendment shall conform to the

provisions of sections 545 and 545a of this title. Nothing in

sections 545 and 545a of this title shall require the Secretary

to revise the Land and Resource Management Plan for the George

Washington National Forest pursuant to section 1604 of this

title.

(c) Roads

After August 26, 1994, no new permanent roads shall be

constructed within the scenic area, except that this prohibition

shall not be construed to deny access to private lands or interests

therein in the scenic area.

(d) Vegetation management

No timber harvest shall be allowed within the scenic area, except

as may be necessary in the control of fire, insects, and diseases

and to provide for public safety and trail access. Notwithstanding

the foregoing, the Secretary may engage in vegetation manipulation

practices for maintenance of existing wildlife clearings and visual

quality. Firewood may be harvested for personal use along

perimeter roads under such conditions as the Secretary may impose.

(e) Motorized travel

(1) Authorized routes

Motorized travel in the scenic area shall be allowed on State

Route 635. Subject to such conditions as the Secretary may

impose, motorized travel in the scenic area shall also be allowed

on Forest Development Road 51.

(2) Other areas

Other than as provided in paragraph (1), motorized travel shall

not be permitted within the scenic area, except that the

Secretary may authorize motorized travel within the scenic area

as necessary for administrative use in furtherance of the

purposes of sections 545 and 545a of this title and on temporary

routes in support of wildlife management projects.

(f) Fire

Wildfires shall be suppressed in a manner consistent with the

purposes of sections 545 and 545a of this title, using such means

as the Secretary considers appropriate.

(g) Insects and disease

Insect and disease outbreaks may be controlled in the scenic area

to maintain scenic quality, prevent tree mortality, reduce hazards

to visitors, or protect private lands.

(h) Water

The scenic area shall be administered so as to maintain or

enhance existing water quality.

(i) Mining withdrawal

Subject to valid existing rights, all federally owned lands in

the scenic area are hereby withdrawn from location, entry, and

patent under the mining laws of the United States and from leasing

claims under the mineral and geothermal leasing laws of the United

States, including amendments to such laws.

-SOURCE-

(Pub. L. 103-314, Sec. 3, Aug. 26, 1994, 108 Stat. 1703; Pub. L.

104-127, title IX, Sec. 915, Apr. 4, 1996, 110 Stat. 1187.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws and the mineral leasing laws of the United

States, referred to in subsec. (i), are classified generally to

Title 30, Mineral Lands and Mining.

The geothermal leasing laws of the United States, referred to in

subsec. (i), are classified principally to chapter 23 (Sec. 1001 et

seq.) of Title 30.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-127 substituted ''Mount

Pleasant National Scenic Area'' for ''George Washington National

Forest Mount Pleasant Scenic Area''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 545 of this title.

-CITE-

16 USC Sec. 545b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 545b. Opal Creek Wilderness and Scenic Recreation Area

-STATUTE-

(a) Definitions

In this section:

(1) Bull of the Woods Wilderness

The term ''Bull of the Woods Wilderness'' means the land

designated as wilderness by section 3(4) of the Oregon Wilderness

Act of 1984 (Public Law 98-328; 16 U.S.C. 1132 note).

(2) Opal Creek Wilderness

The term ''Opal Creek Wilderness'' means certain land in the

Willamette National Forest in the State of Oregon comprising

approximately 12,800 acres, as generally depicted on the map

entitled ''Proposed Opal Creek Wilderness and Scenic Recreation

Area'', dated July 1996.

(3) Scenic Recreation Area

The term ''Scenic Recreation Area'' means the Opal Creek Scenic

Recreation Area, comprising approximately 13,000 acres, as

generally depicted on the map entitled ''Proposed Opal Creek

Wilderness and Scenic Recreation Area'', dated July 1996 and

established under subsection (c)(1)(C) of this section.

(4) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(b) Purposes

The purposes of this section are -

(1) to establish a wilderness and scenic recreation area to

protect and provide for the enhancement of the natural, scenic,

recreational, historic and cultural resources of the area in the

vicinity of Opal Creek;

(2) to protect and support the economy of the communities of

the Santiam Canyon; and

(3) to provide increased protection for an important drinking

water source for communities served by the North Santiam River.

(c) Establishment

(1) Establishment

On a determination by the Secretary under paragraph (2) -

(A) the Opal Creek Wilderness, as depicted on the map

described in subsection (a)(2) of this section, is hereby

designated as wilderness, subject to the provisions of the

Wilderness Act (16 U.S.C. 1131 et seq.), shall become a

component of the National Wilderness System, and shall be known

as the Opal Creek Wilderness;

(B) the part of the Bull of the Woods Wilderness that is

located in the Willamette National Forest shall be incorporated

into the Opal Creek Wilderness; and

(C) the Secretary shall establish the Opal Creek Scenic

Recreation Area in the Willamette National Forest in the State

of Oregon, comprising approximately 13,000 acres, as generally

depicted on the map described in subsection (a)(3) of this

section.

(2) Conditions

The designations in paragraph (1) shall not take effect unless

the Secretary makes a determination, not later than 2 years after

November 12, 1996, that the following conditions have been met:

(A) the following have been donated to the United States in

an acceptable condition and without encumbrances:

(i) all right, title, and interest in the following

patented parcels of land -

(I) Santiam Number 1, mineral survey number 992, as

described in patent number 39-92-0002, dated December 11,

1991;

(II) Ruth Quartz Mine Number 2, mineral survey number

994, as described in patent number 39-91-0012, dated

February 12, 1991;

(III) Morning Star Lode, mineral survey number 993, as

described in patent number 36-91-0011, dated February 12,

1991;

(ii) all right, title, and interest held by any entity

other than the Times Mirror Land and Timber Company, its

successors and assigns, in and to lands located in section

18, township 8 south, range 5 east, Marion County, Oregon,

Eureka numbers 6, 7, 8, and 13 mining claims; and

(iii) an easement across the Hewitt, Starvation, and Poor

Boy Mill Sites, mineral survey number 990, as described in

patent number 36-91-0017, dated May 9, 1991. In the sole

discretion of the Secretary, such easement may be limited to

administrative use if an alternative access route, adequate

and appropriate for public use, is provided.

(B) a binding agreement has been executed by the Secretary

and the owners of record as of March 29, 1996, of the following

interests, specifying the terms and conditions for the

disposition of such interests to the United States Government -

(i) The lode mining claims known as Princess Lode, Black

Prince Lode, and King Number 4 Lode, embracing portions of

sections 29 and 32, township 8 south, range 5 east,

Willamette Meridian, Marion County, Oregon, the claims being

more particularly described in the field notes and depicted

on the plat of mineral survey number 887, Oregon; and

(ii) Ruth Quartz Mine Number 1, mineral survey number 994,

as described in patent number 39-91-0012, dated February 12,

1991.

(3) Additions to the wilderness and scenic recreation areas

(A) Lands or interests in lands conveyed to the United States

under this subsection shall be included in and become part of, as

appropriate, Opal Creek Wilderness or the Opal Creek Scenic

Recreation Area.

(B) On acquiring all or substantially all of the land located

in section 36, township 8 south, range 4 east, of the Willamette

Meridian, Marion County, Oregon, commonly known as the Rosboro

section by exchange, purchase from a willing seller, or by

donation, the Secretary shall expand the boundary of the Scenic

Recreation Area to include such land.

(C) On acquiring all or substantially all of the land located

in section 18, township 8 south, range 5 east, Marion County,

Oregon, commonly known as the Time Mirror property, by exchange,

purchase from a willing seller, or by donation, such land shall

be included in and become a part of the Opal Creek Wilderness.

(d) Administration

(1) In general

The Secretary shall administer the Scenic Recreation Area in

accordance with this section and the laws (including regulations)

applicable to the National Forest System.

(2) Opal Creek Management Plan

(A) In general

Not later than 2 years after the date of establishment of the

Scenic Recreation Area, the Secretary, in consultation with the

advisory committee established under subsection (e)(1) of this

section, shall prepare a comprehensive Opal Creek Management

Plan (Management Plan) for the Scenic Recreation Area.

(B) Incorporation in land and resource management

Upon its completion, the Opal Creek Management Plan shall

become part of the land and resource management plan for the

Willamette National Forest and supersede any conflicting

provision in such land and resource management plan. Nothing

in this paragraph shall be construed to supersede the

requirements of the Endangered Species Act (16 U.S.C. 1531 et

seq.) or the National Forest Management Act or regulations

promulgated under those Acts, or any other law.

(C) Requirements

The Opal Creek Management Plan shall provide for a broad

range of land uses, including -

(i) recreation;

(ii) harvesting of nontraditional forest products, such as

gathering mushrooms and material to make baskets; and

(iii) educational and research opportunities.

(D) Plan amendments

The Secretary may amend the Opal Creek Management Plan as the

Secretary may determine to be necessary, consistent with the

procedures and purposes of this section.

(3) Cultural and historic resource inventory

(A) In general

Not later than 1 year after the date of establishment of the

Scenic Recreation Area, the Secretary shall review and revise

the inventory of the cultural and historic resources on the

public land in the Scenic Recreation Area developed pursuant to

the Oregon Wilderness Act of 1984 (Public Law 98-328).

(B) Interpretation

Interpretive activities shall be developed under the

management plan in consultation with State and local historic

preservation organizations and shall include a balanced and

factual interpretation of the cultural, ecological, and

industrial history of forestry and mining in the Scenic

Recreation Area.

(4) Transportation planning

(A) (FOOTNOTE 1) In general

(FOOTNOTE 1) So in original. No subpar. (B) has been enacted.

Except as provided in this subparagraph, motorized vehicles

shall not be permitted in the Scenic Recreation Area. To

maintain reasonable motorized and other access to recreation

sites and facilities in existence on November 12, 1996, the

Secretary shall prepare a transportation plan for the Scenic

Recreation Area that -

(i) evaluates the road network within the Scenic Recreation

Area to determine which roads should be retained and which

roads should be closed;

(ii) provides guidelines for transportation and access

consistent with this section;

(iii) considers the access needs of persons with

disabilities in preparing the transportation plan for the

Scenic Recreation Area;

(iv) allows forest road 2209 beyond the gate to the Scenic

Recreation Area, as depicted on the map described in

subsection (a)(2) of this section, to be used by motorized

vehicles only for administrative purposes and for access by

private inholders, subject to such terms and conditions as

the Secretary may determine to be necessary; and

(v) restricts construction or improvement of forest road

2209 beyond the gate to the Scenic Recreation Area to

maintaining the character of the road as it existed upon

November 12, 1996, which shall not include paving or

widening.

In order to comply with subsection (f)(2) of this section, the

Secretary may make improvements to forest road 2209 and its

bridge structures consistent with the character of the road as it

existed on November 12, 1996.

(5) Hunting and fishing

(A) In general

Subject to applicable Federal and State law, the Secretary

shall permit hunting and fishing in the Scenic Recreation Area.

(B) Limitation

The Secretary may designate zones in which, and establish

periods when, no hunting or fishing shall be permitted for

reasons of public safety, administration, or public use and

enjoyment of the Scenic Recreation Area.

(C) Consultation

Except during an emergency, as determined by the Secretary,

the Secretary shall consult with the Oregon State Department of

Fish and Wildlife before issuing any regulation under this

subsection.

(6) Timber cutting

(A) In general

Subject to subparagraph (B), the Secretary shall prohibit the

cutting and/or selling of trees in the Scenic Reservation Area.

(B) Permitted cutting

(i) In general

Subject to clause (ii), the Secretary may allow the cutting

of trees in the Scenic Recreation Area only -

(I) for public safety, such as to control the continued

spread of a forest fire in the Scenic Recreation Area or on

land adjacent to the Scenic Recreation Area;

(II) for activities related to administration of the

Scenic Recreation Area, consistent with the Opal Creek

Management Plan; or

(III) for removal of hazard trees along trails and

roadways.

(ii) Salvage sales

The Secretary may not allow a salvage sale in the Scenic

Recreation Area.

(7) Withdrawal

(A) (FOOTNOTE 2) subject (FOOTNOTE 3) to valid existing rights,

all lands in the Scenic Recreation Area are withdrawn from -

(FOOTNOTE 2) So in original. No subpar. (B) has been enacted.

(FOOTNOTE 3) So in original. Probably should be capitalized.

(i) any form of entry, appropriation, or disposal under the

public lands laws;

(ii) location, entry, and patent under the mining laws; and

(iii) disposition under the mineral and geothermal leasing

laws.

(8) Bornite Project

(A) Nothing in this section shall be construed to interfere

with or approve any exploration, mining, or mining-related

activity in the Bornite Project Area, depicted on the map

described in subsection (a)(3) of this section, conducted in

accordance with applicable laws.

(B) Nothing in this section shall be construed to interfere

with the ability of the Secretary to approve and issue, or deny,

special use permits in connection with exploration, mining, and

mining-related activities in the Bornite Project Area.

(C) Motorized vehicles, roads, structures, and utilities

(including but not limited to power lines and water lines) may be

allowed inside the Scenic Recreation Area to serve the activities

conducted on land within the Bornite Project.

(D) After November 12, 1996, no patent shall be issued for any

mining claim under the general mining laws located within the

Bornite Project Area.

(9) Water impoundments

Notwithstanding the Federal Power Act (16 U.S.C. 791a et seq.),

the Federal Energy Regulatory Commission may not license the

construction of any dam, water conduit, reservoir, powerhouse,

transmission line, or other project work in the Scenic Recreation

Area, except as may be necessary to comply with the provisions of

paragraph (8) with regard to the Bornite Project.

(10) Recreations

(A) Recognition

Congress recognizes recreation as an appropriate use of the

Scenic Recreation Area.

(B) Minimum levels

The management plan shall permit recreation activities at not

less than the levels in existence on November 12, 1996.

(C) Higher levels

The management plan may provide for levels of recreation use

higher than the levels in existence on November 12, 1996, if

such uses are consistent with the protection of the resource

values of the Scenic Recreation Area.

(D) Public trail access

The management plan may include public trail access through

section 28, township 8 south, range 5 east, Willamette

Meridian, to Battle Ax Creek, Opal Pool and other areas in the

Opal Creek Wilderness and the Opal Creek Scenic Recreation

Area.

(11) Participation

So that the knowledge, expertise, and views of all agencies and

groups may contribute affirmatively to the most sensitive present

and future use of the Scenic Recreation Area and its various

subareas for the benefit of the public:

(A) Advisory council

The Secretary shall consult on a periodic and regular basis

with the advisory council established under subsection (e) of

this section with respect to matters relating to management of

the Scenic Recreation Area.

(B) Public participation

The Secretary shall seek the views of private groups,

individuals, and the public concerning the Scenic Recreation

Area.

(C) Other agencies

The Secretary shall seek the views and assistance of, and

cooperate with, any other Federal, State, or local agency with

any responsibility for the zoning, planning, or natural

resources of the Scenic Recreation Area.

(D) Nonprofit agencies and organizations

The Secretary shall seek the views of any nonprofit agency or

organization that may contribute information or expertise about

the resources and the management of the Scenic Recreation Area.

(e) Advisory council

(1) Establishment

Not later than 90 days after the establishment of the Scenic

Recreation Area, the Secretary shall establish an advisory

council for the Scenic Recreation Area.

(2) Membership

The advisory council shall consist of not more than 13 members,

of whom -

(A) 1 member shall represent Marion County, Oregon, and shall

be designated by the governing body of the county;

(B) 1 member shall represent the State of Oregon and shall be

designated by the Governor of Oregon;

(C) 1 member shall represent the City of Salem, and shall be

designated by the mayor of Salem, Oregon;

(D) 1 member from a city within a 25-mile radius of the Opal

Creek Scenic Recreation Area, to be designated by the Governor

of the State of Oregon from a list of candidates provided by

the mayors of the cities located within a 25-mile radius of the

Opal Creek Scenic Recreation Area; and

(E) not more than 9 members shall be appointed by the

Secretary from among persons who, individually or through

association with a national or local organization, have an

interest in the administration of the Scenic Recreation Area,

including, but not limited to, representatives of the timber

industry, environmental organizations, the mining industry,

inholders in the Opal Creek Wilderness and Scenic Recreation

Area, economic development interests and Indian tribes.

(3) Staggered terms

Members of the advisory council shall serve for staggered terms

of 3 years.

(4) Chairman

The Secretary shall designate 1 member of the advisory council

as chairman.

(5) Vacancies

The Secretary shall fill a vacancy on the advisory council in

the same manner as the original appointment.

(6) Compensation

Members of the advisory council shall receive no compensation

for their service on the advisory council.

(f) General provisions

(1) Land acquisition

(A) In general

Subject to the other provisions of this section, the

Secretary may acquire any lands or interests in land in the

Scenic Recreation Area or the Opal Creek Wilderness that the

Secretary determines are needed to carry out this section.

(B) Public land

Any lands or interests in land owned by a State or a

political subdivision of a State may be acquired only by

donation or exchange.

(C) Condemnation

Within the boundaries of the Opal Creek Wilderness or the

Scenic Recreation Area, the Secretary may not acquire any

privately owned land or interest in land without the consent of

the owner unless the Secretary finds that -

(i) the nature of land use has changed significantly, or

the landowner has demonstrated intent to change the land use

significantly, from the use that existed on November 12,

1996; and

(ii) acquisition by the Secretary of the land or interest

in land is essential to ensure use of the land or interest in

land in accordance with the purposes of this title (FOOTNOTE

4) or the management plan prepared under subsection (d)(2) of

this section.

(FOOTNOTE 4) So in original. Probably should be ''section''.

(D) Construction

Nothing in this section shall be construed to enhance or

diminish the condemnation authority available to the Secretary

outside the boundaries of the Opal Creek Wilderness or the

Scenic Recreation Area.

(2) Environmental response actions and cost recovery

(A) Response actions

Nothing in this section shall limit the authority of the

Secretary or a responsible party to conduct an environmental

response action in the Scenic Recreation Area in connection

with the release, threatened release, or cleanup of a hazardous

substance, pollutant, or contaminant, including a response

action conducted under the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.).

(B) Liability

Nothing in this section shall limit the authority of the

Secretary or a responsible party to recover costs related to

the release, threatened release, or cleanup of any hazardous

substance or pollutant or contaminant in the Scenic Recreation

Area.

(3) Maps and description

(A) In general

As soon as practicable after November 12, 1996, the Secretary

shall file a map and a boundary description for the Opal Creek

Wilderness and for the Scenic Recreation Area with the

Committee on Resources of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate.

(B) Force and effect

The boundary description and map shall have the same force

and effect as if the description and map were included in this

section, except that the Secretary may correct clerical and

typographical errors in the boundary description and map.

(C) Availability

The map and boundary description shall be on file and

available for public inspection in the Office of the Chief of

the Forest Service, Department of Agriculture.

(4) Savings provision

Nothing in this section shall interfere with activity for which

a special use permit has been issued, has not been revoked, and

has not expired, before November 12, 1996, subject to the terms

of the permit.

(g) Rosboro land exchange

(1) Authorization

Notwithstanding any other law, if the Rosboro Lumber Company

(referred to in this subsection as ''Rosboro'') offers and

conveys marketable title to the United States to the land

described in paragraph (2), the Secretary of Agriculture shall

convey all right, title and interest held by the United States to

sufficient lands described in paragraph (3) to Rosboro, in the

order in which they appear in this subsection, as necessary to

satisfy the equal value requirements of paragraph (4).

(2) Land to be offered by Rosboro

The land referred to in paragraph (1) as the land to be offered

by Rosboro shall comprise Section 36, Township 8 South, Range 4

East, Willamette Meridian.

(3) Land to be conveyed by the United States

The land referred to in paragraph (1) as the land to be

conveyed by the United States shall comprise sufficient land from

the following prioritized list to be equal value under paragraph

(4):

(A) Section 5, Township 17 South, Range 4 East, Lot 7 (37.63

acres);

(B) Section 2, Township 17 South, Range 4 East, Lot 3 (29.28

acres);

(C) Section 13, Township 17 South, Range 4 East, S 1/2SE 1/4

(80 acres);

(D) Section 2, Township 17 South, Range 4 East, SW 1/4SW 1/4

(40 acres);

(E) Section 2, Township 17 South, Range 4 East, NW 1/4SE 1/4

(40 acres);

(F) Section 8, Township 17 South, Range 4 East, SE 1/4SW 1/4

(40 acres);

(G) Section 11, Township 17 South, Range 4 East, W 1/2NW 1/4

(80 acres); (FOOTNOTE 5)

(FOOTNOTE 5) So in original. The semicolon probably should be a

period.

(4) Equal value

The land and interests in land exchanged under this subsection

shall be of equal market value as determined by nationally

recognized appraisal standards, including, to the extent

appropriate, the Uniform Standards for Federal Land Acquisition,

the Uniform Standards of Professional Appraisal Practice, or

shall be equalized by way of payment of cash pursuant to the

provisions of section 1716(d) of title 43, and other applicable

law. The appraisal shall consider access costs for the parcels

involved.

(5) Timetable

(A) The exchange directed by this subsection shall be

consummated not later than 120 days after the date Rosboro offers

and conveys the property described in paragraph (2) to the United

States.

(B) The authority provided by this subsection shall lapse of

(FOOTNOTE 6) Rosboro fails to offer the land described in

paragraph (2) within 2 years after November 12, 1996.

(FOOTNOTE 6) So in original. Probably should be ''if''.

(6) Challenge

Rosboro shall have the right to challenge in the United States

District Court for the District of Oregon a determination of

marketability under paragraph (1) and a determination of value

for the lands described in paragraphs (2) and (3) by the

Secretary of Agriculture. The court shall have the authority to

order the Secretary to complete the transaction contemplated in

this subsection.

(7) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out this subsection.

(h) Omitted

(i) Economic development

(1) Economic development plan

As a condition for receiving funding under paragraph (2), the

State of Oregon, in consultation with Marion County, Oregon, and

the Secretary of Agriculture, shall develop a plan for economic

development projects for which grants under this subsection may

be used in a manner consistent with this section and to benefit

local communities in the vicinity of the Opal Creek area. Such

plan shall be based on an economic opportunity study and other

appropriate information.

(2) Funds provided to the States for grants

Upon completion of the Opal Creek Management Plan, and receipt

of the plan referred to in paragraph (1), the Secretary shall

provide, subject to appropriations, $15,000,000 to the State of

Oregon. Such funds shall be used to make grants or loans for

economic development projects that further the purposes of this

section and benefit the local communities in the vicinity of the

Opal Creek area.

(3) Report

The State of Oregon shall -

(A) prepare and provide the Secretary and Congress with an

annual report on the use of the funds made available under this

subsection;

(B) make available to the Secretary and to Congress, upon

request, all accounts, financial records, and other information

related to grants and loans made available pursuant to this

subsection; and

(C) as loans are repaid, make additional grants and loans

with the money made available for obligation by such

repayments.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1023, Nov. 12, 1996, 110

Stat. 4215; Pub. L. 106-176, title I, Sec. 125, Mar. 10, 2000, 114

Stat. 30.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in subsec. (c)(1)(A), is Pub. L.

88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 1131 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1131 of this title and

Tables.

The Endangered Species Act, referred to in subsec. (d)(2)(B),

probably means the Endangered Species Act of 1973, Pub. L. 93-205,

Dec. 28, 1973, 87 Stat. 884, as amended, which is classified

generally to chapter 35 (Sec. 1531 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1531 of this title and Tables.

The National Forest Management Act, referred to in subsec.

(d)(2)(B), probably means the National Forest Management Act of

1976, Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended,

which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this

title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610

of this title, repealed sections 476, 513, and 514 of this title,

and enacted provisions set out as notes under sections 476, 513,

528, 594-2, and 1600 of this title. For complete classification of

this Act to the Code, see Short Title of 1976 Amendment note set

out under section 1600 of this title and Tables.

The Oregon Wilderness Act of 1984, referred to in subsec.

(d)(3)(A), is Pub. L. 98-328, June 26, 1984, 98 Stat. 272, which

enacted subchapter C (Sec. 460oo) of chapter 1 of this title and

provisions listed in a table of Wilderness Areas set out under

section 1132 of this title. For complete classification of this

Act to the Code, see Tables.

The public land laws, referred to in subsec. (d)(7)(A)(i), are

classified generally to Title 43, Public Lands.

The mining laws and the mineral leasing laws, referred to in

subsec. (d)(7)(A)(ii), (iii), (8)(D), are classified generally to

Title 30, Mineral Lands and Mining.

The geothermal leasing laws, referred to in subsec.

(d)(7)(A)(iii), are classified principally to chapter 23 (Sec. 1001

et seq.) of Title 30.

The Federal Power Act, referred to in subsec. (d)(9), is act June

10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified

generally to chapter 12 (Sec. 791a et seq.) of this title. For

complete classification of this Act to the Code, see section 791a

of this title and Tables.

The Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, referred to in subsec. (f)(2)(A), is Pub. L.

96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is

classified principally to chapter 103 (Sec. 9601 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

9601 of Title 42 and Tables.

-COD-

CODIFICATION

Section is comprised of section 1023 of Pub. L. 104-333. Subsec.

(c)(1)(A) of section 1023 of Pub. L. 104-333 also enacted

provisions listed in a table of Wilderness Areas set out under

section 1132 of this title. Subsec. (h) of section 1023 of Pub. L.

104-333 amended section 1274 of this title.

Provisions substantially identical to the text of this section

were enacted by title I of div. B of Pub. L. 104-208, Sept. 30,

1996, 110 Stat. 3009-523, known as the Opal Creek Wilderness and

Opal Creek Scenic Recreation Area Act of 1996.

-MISC3-

AMENDMENTS

2000 - Subsec. (c)(1)(A). Pub. L. 106-176 struck out ''of 1964''

after ''Wilderness Act''.

SHORT TITLE

Pub. L. 104-208, div. B, title I, Sec. 101, Sept. 30, 1996, 110

Stat. 3009-523, provided that: ''This title (see Codification note

above) may be cited as the 'Opal Creek Wilderness and Opal Creek

Scenic Recreation Area Act of 1996'.''

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 546 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 546. Establishment of Saint Helena Island National Scenic

Area, Michigan

-STATUTE-

(a) Purpose

The purposes of sections 546 to 546a-5 of this title are -

(1) to preserve and protect for present and future generations

the outstanding resources and values of Saint Helena Island in

Lake Michigan, Michigan; and

(2) to provide for the conservation, protection, and

enhancement of primitive recreation opportunities, fish and

wildlife habitat, vegetation, and historical and cultural

resources of the island.

(b) Establishment

For the purposes described in subsection (a) of this section,

there shall be established the Saint Helena Island National Scenic

Area (in sections 546 to 546a-5 of this title referred to as the

''scenic area'').

(c) Effective upon conveyance

Subsection (b) of this section shall be effective upon conveyance

of satisfactory title to the United States of the whole of Saint

Helena Island, except that portion conveyed to the Great Lakes

Lighthouse Keepers Association pursuant to section 1001 of the

Coast Guard Authorization Act of 1996 (Public Law 104-324; 110

Stat. 3948).

-SOURCE-

(Pub. L. 106-431, Sec. 2, Nov. 6, 2000, 114 Stat. 1905.)

-REFTEXT-

REFERENCES IN TEXT

Section 1001 of the Coast Guard Authorization Act of 1996,

referred to in subsec. (c), is section 1001 of Pub. L. 104-324,

title X, Oct. 19, 1996, 110 Stat. 3948, which is not classified to

the Code.

-MISC2-

SHORT TITLE

Pub. L. 106-431, Sec. 1, Nov. 6, 2000, 114 Stat. 1905, provided

that: ''This Act (enacting sections 546 to 546a-5 of this title)

may be cited as the 'Saint Helena Island National Scenic Area

Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 546a, 546a-1, 546a-2,

546a-4 of this title.

-CITE-

16 USC Sec. 546a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 546a. Boundaries

-STATUTE-

(a) Saint Helena Island

The scenic area shall comprise all of Saint Helena Island, in

Lake Michigan, Michigan, and all associated rocks, pinnacles,

islands, and islets within one-eighth mile of the shore of Saint

Helena Island.

(b) Boundaries of Hiawatha National Forest extended

Upon establishment of the scenic area, the boundaries of the

Hiawatha National Forest shall be extended to include all of the

lands within the scenic area. All such extended boundaries shall

be deemed boundaries in existence as of January 1, 1965, for the

purposes of section 460l-9 of this title. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(c) Payments to local governments

Solely for purposes of payments to local governments pursuant to

section 6902 of title 31, lands acquired by the United States under

sections 546 to 546a-5 of this title shall be treated as

entitlement lands.

-SOURCE-

(Pub. L. 106-431, Sec. 3, Nov. 6, 2000, 114 Stat. 1905.)

-REFTEXT-

REFERENCES IN TEXT

Section 460l-9 of this title, referred to in subsec. (b), was in

the original ''section 8 of the Land and Water Conservation Fund

Act of 1965 (16 U.S.C. 460l-9)'' which was translated as if it

referred to section 7 of the Land and Water Conservation Fund Act

of 1965, to reflect the probable intent of Congress. Section 8 of

the Act is classified to section 460l-10 of this title and does not

relate to boundaries of National Forests in existence as of January

1, 1965.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 546, 546a-1, 546a-2,

546a-4 of this title.

-CITE-

16 USC Sec. 546a-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 546a-1. Administration and management

-STATUTE-

(a) Administration

Subject to valid existing rights, the Secretary of Agriculture

(in sections 546 to 546a-5 of this title referred to as the

''Secretary'') shall administer the scenic area in accordance with

the laws, rules, and regulations applicable to the National Forest

System in furtherance of the purposes of sections 546 to 546a-5 of

this title.

(b) Special management requirements

Within 3 years of the acquisition of 50 percent of the land

authorized for acquisition under section 546a-4 of this title, the

Secretary shall develop an amendment to the land and resources

management plan for the Hiawatha National Forest which will direct

management of the scenic area. Such an amendment shall conform to

the provisions of sections 546 to 546a-5 of this title. Nothing in

sections 546 to 546a-5 of this title shall require the Secretary to

revise the land and resource management plan for the Hiawatha

National Forest pursuant to section 1604 of this title. In

developing a plan for management of the scenic area, the Secretary

shall address the following special management considerations:

(1) Public access

Alternative means for providing public access from the mainland

to the scenic area shall be considered, including any available

existing services and facilities, concessionaires, special use

permits, or other means of making public access available for the

purposes of sections 546 to 546a-5 of this title.

(2) Roads

After November 6, 2000, no new permanent roads shall be

constructed within the scenic area.

(3) Vegetation management

No timber harvest shall be allowed within the scenic area,

except as may be necessary in the control of fire, insects, and

diseases, and to provide for public safety and trail access.

Notwithstanding the foregoing, the Secretary may engage in

vegetation manipulation practices for maintenance of wildlife

habitat and visual quality. Trees cut for these purposes may be

utilized, salvaged, or removed from the scenic area as authorized

by the Secretary.

(4) Motorized travel

Motorized travel shall not be permitted within the scenic area,

except on the waters of Lake Michigan, and as necessary for

administrative use in furtherance of the purposes of sections 546

to 546a-5 of this title.

(5) Fire

Wildfires shall be suppressed in a manner consistent with the

purposes of sections 546 to 546a-5 of this title, using such

means as the Secretary deems appropriate.

(6) Insects and disease

Insect and disease outbreaks may be controlled in the scenic

area to maintain scenic quality, prevent tree mortality, or to

reduce hazards to visitors.

(7) Dockage

The Secretary shall provide through concession, permit, or

other means docking facilities consistent with the management

plan developed pursuant to this section.

(8) Safety

The Secretary shall take reasonable actions to provide for

public health and safety and for the protection of the scenic

area in the event of fire or infestation of insects or disease.

(c) Consultation

In preparing the management plan, the Secretary shall consult

with appropriate State and local government officials, provide for

full public participation, and consider the views of all interested

parties, organizations, and individuals.

-SOURCE-

(Pub. L. 106-431, Sec. 4, Nov. 6, 2000, 114 Stat. 1906.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 546, 546a, 546a-2,

546a-4, 546a-5 of this title.

-CITE-

16 USC Sec. 546a-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 546a-2. Fish and game

-STATUTE-

Nothing in sections 546 to 546a-5 of this title shall be

construed as affecting the jurisdiction or responsibilities of the

State of Michigan with respect to fish and wildlife in the scenic

area.

-SOURCE-

(Pub. L. 106-431, Sec. 5, Nov. 6, 2000, 114 Stat. 1907.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 546, 546a, 546a-1, 546a-4

of this title.

-CITE-

16 USC Sec. 546a-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 546a-3. Minerals

-STATUTE-

Subject to valid existing rights, the lands within the scenic

area are hereby withdrawn from disposition under all laws

pertaining to mineral leasing, including all laws pertaining to

geothermal leasing. Also subject to valid existing rights, the

Secretary shall not allow any mineral development on federally

owned land within the scenic area, except that common varieties of

mineral materials, such as stone and gravel, may be utilized only

as authorized by the Secretary to the extent necessary for

construction and maintenance of roads and facilities within the

scenic area.

-SOURCE-

(Pub. L. 106-431, Sec. 6, Nov. 6, 2000, 114 Stat. 1907.)

-REFTEXT-

REFERENCES IN TEXT

The mineral leasing laws, referred to in text, are classified

generally to Title 30, Mineral Lands and Mining.

Geothermal leasing laws, referred to in text, are classified

principally to chapter 23 (Sec. 1001 et seq.) of Title 30, Mineral

Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 546, 546a, 546a-1,

546a-2, 546a-4 of this title.

-CITE-

16 USC Sec. 546a-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 546a-4. Acquisition

-STATUTE-

(a) Acquisition of lands within the scenic area

The Secretary shall acquire, by purchase from willing sellers,

gift, or exchange, lands, waters, structures, or interests therein,

including scenic or other easements, within the boundaries of the

scenic area to further the purposes of sections 546 to 546a-5 of

this title.

(b) Acquisition of other lands

The Secretary may acquire, by purchase from willing sellers,

gift, or exchange, not more than 10 acres of land, including any

improvements thereon, on the mainland to provide access to and

administrative facilities for the scenic area.

-SOURCE-

(Pub. L. 106-431, Sec. 7, Nov. 6, 2000, 114 Stat. 1907.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 546, 546a, 546a-1,

546a-2, 546a-5 of this title.

-CITE-

16 USC Sec. 546a-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 2 - NATIONAL FORESTS

SUBCHAPTER II - SCENIC AREAS

-HEAD-

Sec. 546a-5. Authorization of appropriations

-STATUTE-

(a) Acquisition of lands

There are hereby authorized to be appropriated such sums as may

be necessary for the acquisition of land, interests in land, or

structures within the scenic area and on the mainland as provided

in section 546a-4 of this title.

(b) Other purposes

In addition to the amounts authorized to be appropriated under

subsection (a) of this section, there are authorized to be

appropriated such sums as may be necessary for the development and

implementation of the management plan under section 546a-1(b) of

this title.

-SOURCE-

(Pub. L. 106-431, Sec. 8, Nov. 6, 2000, 114 Stat. 1907.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 546, 546a, 546a-1,

546a-2, 546a-4 of this title.

-CITE-