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

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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 Repealed.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 Repealed.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

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.

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.

(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.

(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.

(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.

(d) Construction with Secretary's duties under other

laws.

497c. Ski area permit rental charge.

(a) In general.

(b) Formula.

(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.

(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.

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.

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.

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.

(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.

(d) Hunting and fishing.

(e) Mining and mineral leasing.

(f) Vehicular access.

539i. Fossil Ridge Recreation Management Area.

(a) Establishment.

(b) Administration.

(d) Timber harvesting.

(e) Livestock grazing.

(f) Development.

(g) Off-road recreation.

539j. Bowen Gulch Protection Area.

(a) Establishment.

(b) Administration.

(d) Development.

(e) Timber harvesting.

(f) Motorized travel.

(g) Management plan.

539k. Kelly Butte Special Management Area.

(a) Establishment.

(b) Management.

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

(a) Findings and purpose.

(b) Designation.

(d) Management.

(e) Issues related to water.

539l-1. Inholdings.

(a) State Land Board lands.

(b) Jim Creek inholding.

(d) Management of acquisitions.

539l-2. James Peak Fall River trailhead.

(a) Services and facilities.

(b) Personnel.

(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.

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.

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.

(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.

(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.

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.

(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.

(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.

(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.

(d) Advisory committees.

544d. Scenic area management plan.

(a) Studies.

(b) Land use designations.

(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.

(d) Construction of facilities.

544f. Administration of special management areas.

(a) Administration of Federal lands.

(b) Withdrawal of Federal lands.

(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.

(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.

544i. Economic development.

(a) Economic development plan.

(b) Funds provided to States for 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.

(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.

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.

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.

(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.

(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.

546a. Boundaries.

(a) Saint Helena Island.

(b) Boundaries of Hiawatha National Forest extended.

546a-1. Administration and management.

(a) Administration.

(b) Special management requirements.

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.

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

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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

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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.

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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.

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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.

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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

-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.

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

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

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;

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

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.

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.

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.

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;

(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.

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;

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

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.