Legislación
US (United States) Code. Title 16. Chapter 3: Forests, Forest Service, reforestation, management
-CITE-
16 USC CHAPTER 3 - FORESTS; FOREST SERVICE;
REFORESTATION; MANAGEMENT 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
.
-HEAD-
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
-MISC1-
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
551. Protection of national forests; rules and regulations.
551a. Cooperation by Secretary of Agriculture with States and
political subdivisions in law enforcement.
551b. Omitted.
551c. Planning for fire protection.
(a) Volunteer firefighters.
(b) ''Educational institutions'' defined.
(c) Mobilization of local equipment.
(d) Presuppression needs.
552. Consent to agreement by States for conservation of forests and
water supply.
552a. Restoration of withdrawn national forest lands to
appropriation.
552b. Administration of withdrawn lands; rules and regulations.
552c. Reimbursement of United States for loss of revenue.
552d. Punishment of violations of regulations.
553. Duties of officials of Forest Service; stock laws; protection
of fish and game.
553a. Repealed.
554. Forest supervisors and rangers.
554a. Employees to be appointed without regard to political
affiliations.
554b. Medical care for employees engaged in hazardous work;
notification and transportation of employees.
554c. Care of employees' graves.
554d. Recreation facilities for employees of Forest Service and
their immediate families.
554e. Employment of workers for emergencies.
555. Forest headquarters, ranger stations, dwellings, or other
needed sites.
555a. Exchange of lands.
555b. Street improvements; availability of Forest Service funds.
556. Appropriations for Forest Service; use for transportation or
traveling expenses; preparation or publication of newspaper or
magazine articles.
556a. Omitted.
556b. Use of appropriations for expenses of transporting
automobiles of employees between points in Alaska.
556c. Reimbursement of employees for property losses resulting from
fires, floods, or other casualties.
556d. Advances of public moneys to Forest Service for fighting
forest fires in emergency cases.
556e. Emergency appropriations for rehabilitation and wildfire
suppression.
556f. Expenses of student interns.
556g. Reimbursement of employee license costs and certification
fees.
556h. Recognition of private contributors to Forest Service
programs.
557. Employees of Forest Service; subsistence furnished to;
personal equipment; supplies, and medical attention.
557a. Field season contracts; authority to make prior to
appropriation.
557b, 558. Omitted or Repealed.
558a. Volunteers in the National Forests Program.
558b. Incidental expenses of program volunteers.
558c. Employment status of volunteers.
(a) Federal employee status.
(b) Tort claims.
(c) Civil employees.
(d) Compensation for losses and damages.
558d. Authorization of appropriations.
559. Arrests by employees of Forest Service for violations of laws
and regulations.
559a. Reward for information leading to arrest and conviction for
violating laws and regulations.
559b. Prevention of manufacture, etc., of marijuana and other
controlled substances.
(a) Purpose.
(b) Law enforcement authority.
(c) Definitions.
559c. Powers of officers and employees of Forest Service.
559d. Cooperation with other Federal, State, and local law
enforcement agencies.
559e. Forest Service authorization.
559f. Approval of Secretary of Agriculture and Attorney General.
559g. Designation authority of Secretary of Agriculture.
(a) Purpose.
(b) Officers of other agencies.
(c) Acceptance by Forest Service.
560. Use of timber for telephone lines for fire protection.
560a, 561. Omitted or Repealed.
562. Forest experiment station in California.
562a. Forest experiment station in Ohio and Mississippi Valleys.
562b. Forest experiment station in Pennsylvania.
563. Cooperation with States for fire protection on private or
State forest lands upon the watersheds of navigable rivers.
564, 565. Repealed.
565a. Cooperation by Secretary of Agriculture with Territories.
565a-1. Cooperative agreements between Secretary of Agriculture and
public or private agencies, organizations, institutions, and
persons covering Forest Service programs; authority; funding.
565a-2. Federal employee status of cooperators.
565a-3. Agreements otherwise authorized by law.
565b. Transfer of fire lookout towers and other improvements for
fire control to States, political subdivisions or agencies;
reversion.
566, 566a. Repealed.
566b. Annual appropriations; limitation on use of other funds for
the purposes of sections 564, 565, and 566.
567. Repealed.
567a. Cooperation by Secretary of Agriculture with States in
acquisition and administration of State forests.
567b. Conditions and requirements for cooperation in acquisition
and management of State forests.
567c. Authorization of appropriation for cooperation in acquisition
and management of State forests.
568. Cooperation by Secretary of Agriculture with States in
establishing, etc., wood lots, shelter belts, windbreaks, etc.;
limitation on expenditure; authorization of appropriations.
568a. Cooperation by Secretary of Agriculture with Territories and
other possessions.
568b to 568g. Repealed or Omitted.
569. Donations to United States of lands for timber purposes.
570. Ascertainment by Secretary of Agriculture of public lands
valuable for stream-flow protection and report thereof.
571 to 571b. Repealed or Omitted.
571c. Erection of permanent facilities on land not owned by United
States; long term leases.
572. Cooperation between Secretary of Agriculture and public or
private agencies in working land under State or private
ownership.
(a) Payment of expenses by interested parties; work
contemplated.
(b) Cooperation where national forests or lands are
used by permittees.
(c) Disposition and availability of moneys;
advancements; adjustments.
572a. Deposits from timber purchasers to defray cost of scaling
services.
573. Repealed.
574. Damages caused private property in protection, administration,
and improvement of national forests; reimbursement.
575. Search for lost persons, and transportation of sick, injured,
or dead persons, within national forests; authorization to incur
expense.
576. Reforestation; establishment of forest tree nurseries; tree
planting; seed sowing and forest improvement work.
576a. Authorization of appropriation for reforestation.
576b. Purchasers of national-forest timber; deposits of money in
addition to payments for timber; use of deposits; seedlings and
young trees for burned-over areas in national parks.
576c. Supplemental National Forest Reforestation Fund;
establishment; duration; authorization of appropriations.
576d. Expenditure of Supplemental National Forest Reforestation
Fund moneys; availability of moneys from other sources
unaffected.
576e. Repealed.
577. Public lands in northern Minnesota; withdrawal from entry and
appropriation.
577a. Conserving shore line beauty for recreational use of public
lands in northern Minnesota; regulation of logging.
577b. Preserving water level of lakes and streams of public lands
in northern Minnesota; reservoirs; water power.
577c. Acquisition of additional lands in northern Minnesota.
577d. Boundary limits of additional lands acquired in northern
Minnesota.
577d-1. Extension to other sections of land.
577e. Approval by National Forest Reservation Commission for
acquisition of additional lands.
577f. Exchange of lands.
577g. Payment for additional lands acquired in northern Minnesota.
577g-1. Payment to State of Minnesota for extension to other
sections of land.
577h. Authorization of appropriations; limitation on amount for
purchase of additional lands, water or interests therein;
availability of other funds; annual report to Congress.
(a) Appropriations authorized; purposes.
(b) Reports on acquisitions.
578 to 579. Omitted.
579a. Operation of aerial facilities and services.
579b. Working capital fund; establishment; availability; transfer;
capitalization; advance payments credited.
579c. Availability of funds received from forfeitures, judgments,
compromises, or settlements.
579d. Indirect expenditures; future budget justifications.
580. Use of Forest Service appropriations for repair, etc. of
equipment; rental of fire control equipment to non-Federal
agencies.
580a. Sale and distribution of supplies, equipment, and materials
to other Government activities and to cooperating State and
private agencies; reimbursement.
580b. Forest Service telephone lines; correction of inductive
interference.
580c. Purchases of experimental materials, special devices, test
models, etc.
580d. Use of Forest Service structures or improvements and land by
public and private agencies, etc.; terms.
580e. Services furnished persons attending Forest Service
demonstrations and users of national forest resources and
recreational facilities; rate of charges; disposition of moneys.
580f. Telephones for official use in private residences.
580g. Seeding leased range land; conditions and limitations.
580h. Range improvements from appropriated funds.
580i. Acquisition of winter range, land, and helicopter landing
site.
580j. Injury benefits for temporary employees.
580k. Grazing advisory boards.
(a) Composition; election meetings.
(b) Advice and recommendations on matters within
jurisdiction.
(c) Notification by Secretary of Agriculture of
intention to issue regulations;
recommendations; written explanation of reasons
for overruling.
580l. Permits for grazing livestock on national forests.
580m. Development of reservoir areas for future resources of
timber; Congressional declaration of policy.
580n. Protection and development of forest or other vegetative
cover; establishment and maintenance of conservation measures;
coordination of programs and policies.
580o. Forest Service appropriations.
580p. ''Woodsy Owl'' and ''Smokey Bear'' characters and names;
definitions.
580p-1. Property of the United States.
580p-2. Deposit of fees collected under regulations relating to
''Smokey Bear''; availability.
580p-3. Use of royalty fees; special account.
580p-4. Injunction against unauthorized manufacture, use, or
reproduction.
580q. National Tree Seed Laboratory; disposition of fees.
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
581 to 581i. Repealed or Omitted.
581i-1. Advance of funds for cooperative research.
581j. Congressional declaration of policy on reforestation and
revegetation.
581k. Authorization of appropriations for reforestation and
revegetation.
582. Puerto Rico; application of forest protection laws.
SUBCHAPTER III - RESEARCH PROGRAMS
582a. Congressional findings.
582a-1. Cooperation by Secretary of Agriculture with States;
assistance: plans, eligible institutions and amount.
582a-2. Authorization of appropriations; other allotments and
grants.
582a-3. Matching funds; reapportionment to other qualifying
institutions; reductions.
582a-4. Regulations; advice and assistance; appointment,
membership, etc., of council.
(a) Regulations and assistance.
(b) Advisory council.
582a-5. Apportionments; advice, criteria, etc.
582a-6. Scope of forestry research.
582a-7. ''State'' defined.
582a-8. Competitive forestry, natural resources, and environmental
grants program.
(a) Establishment.
(b) Eligible entities.
(c) Use.
(d) Facilities and equipment.
(e) Recommendations.
(f) Term.
(g) Authorization of appropriations.
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
583. Establishment of sustained-yield units to stabilize forest
industries, employment, communities and taxable wealth.
583a. Cooperative agreements with private owners; privileges of
private owners; recordation of agreements.
583b. Establishment of sustained-yield units to stabilize sale of
timber and forest products.
583c. Agreements between Secretaries of Agriculture and the
Interior, or with other Federal agencies having jurisdiction over
forest land.
583d. Notice; registered mail and publication; costs; contents;
request for hearing; time; determination and record available for
inspection.
583e. Remedies against private owners; jurisdiction; final orders;
''owner'' defined.
583f. ''Federally owned or administered forest land'' defined.
583g. Rules and regulations; delegation of powers and duties.
583h. Prior acts as affecting or affected by subchapter.
583i. Authorization of appropriations.
SUBCHAPTER V - FOREST FOUNDATION
583j. Establishment and purposes of Foundation.
(a) Establishment.
(b) Purposes.
(c) Limitation and conflicts of interests.
583j-1. Board of Directors of Foundation.
(a) Establishment and membership.
(b) Appointment and terms.
(c) Chairman.
(d) Quorum.
(e) Meetings.
(f) Reimbursement of expenses.
(g) General powers.
(h) Officers and employees.
583j-2. Corporate powers and obligations.
(a) In general.
(b) Notice and service of process.
(c) Seal.
(d) Powers.
(e) Property.
583j-3. Administrative services and support.
(a) Startup funds.
(b) Matching funds.
(c) Administrative expenses.
583j-4. Volunteers.
583j-5. Audits and report requirements.
(a) Audits.
(b) Annual reports.
583j-6. United States release from liability.
583j-7. Activities of Foundation and United States Forest Service.
583j-8. Authorization of appropriations.
(a) Startup funds.
(b) Matching funds.
583j-9. Federal funds.
-CITE-
16 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
.
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
-CITE-
16 USC Sec. 551 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 551. Protection of national forests; rules and regulations
-STATUTE-
The Secretary of Agriculture shall make provisions for the
protection against destruction by fire and depredations upon the
public forests and national forests which may have been set aside
or which may be hereafter set aside under the provisions of section
471 (FOOTNOTE 1) of this title, and which may be continued; and he
may make such rules and regulations and establish such service as
will insure the objects of such reservations, namely, to regulate
their occupancy and use and to preserve the forests thereon from
destruction; and any violation of the provisions of this section,
sections 473 to 478 and 479 to 482 of this title or such rules and
regulations shall be punished by a fine of not more than $500 or
imprisonment for not more than six months, or both. Any person
charged with the violation of such rules and regulations may be
tried and sentenced by any United States magistrate judge specially
designated for that purpose by the court by which he was appointed,
in the same manner and subject to the same conditions as provided
for in section 3401(b) to (e) of title 18.
(FOOTNOTE 1) See References in Text note below.
-SOURCE-
(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 35; Feb. 1, 1905, ch. 288,
Sec. 1, 33 Stat. 628; Pub. L. 87-869, Sec. 6, Oct. 23, 1962, 76
Stat. 1157; Pub. L. 88-537, Aug. 31, 1964, 78 Stat. 745; Pub. L.
90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117.)
-STATAMEND-
REPEALS
Section repealed by Pub. L. 94-579, title VII, Sec. 706(a),
Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21,
1976, insofar as applicable to the issuance of rights-of-way
over, upon, under, and through the public lands and lands in the
National Forest System.
-REFTEXT-
REFERENCES IN TEXT
Section 471 of this title, referred to in text, was in the
original a reference to act Mar. 3, 1891, 26 Stat. 1103, and was
repealed by Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976,
90 Stat. 2792.
-COD-
CODIFICATION
''National forests'' substituted in text for ''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.
-MISC3-
AMENDMENTS
1964 - Pub. L. 88-537 provided that persons charged with
violation of such rules and regulations may be tried and sentenced
by any United States commissioner specially designated for that
purpose by the court by which he was appointed, in the same manner
as in section 3401(b) to (e) of title 18.
1962 - Pub. L. 87-869 substituted ''by a fine of not more than
$500 or imprisonment for not more than six months, or both'' for
''as is provided for in section 104 of title 18''.
-CHANGE-
CHANGE OF NAME
''United States magistrate judge'' substituted for ''United
States magistrate'' in text pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, ''United States magistrate''
substituted for ''United States commissioner'' pursuant to Pub. L.
90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
-MISC4-
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-286, Sec. 1, May 9, 1990, 104 Stat. 171, provided
that: ''This Act (enacting sections 551b and 551c of this title,
amending sections 18i and 558c of this title and section 1737 of
Title 43, Public Lands, and enacting provisions set out as notes
under this section and section 551b of this title) may be cited as
the 'Wildfire Disaster Recovery Act of 1989'.''
SAVINGS PROVISION
Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,
90 Stat. 2793, insofar as applicable to the issuance of
rights-of-way, not to be construed as terminating any valid lease,
permit, patent, etc., existing on Oct. 21, 1976, see note set out
under section 1701 of Title 43, Public Lands.
-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.
-MISC5-
NATIONAL COMMISSION ON WILDFIRE DISASTERS
Pub. L. 101-286, title I, May 9, 1990, 104 Stat. 171, established
a National Commission on Wildfire Disasters to study the effects of
disastrous wildfires, resulting from natural or other causes, and
to make recommendations concerning steps necessary for smooth and
timely transition from loss of natural resources due to such fires,
directed the Commission to make findings and develop
recommendations for consideration by the Secretaries of Agriculture
and the Interior with respect to future management of National
Forest System lands, national parks, Bureau of Land Management
public lands, and community redevelopment activities and programs,
directed the Commission to submit to the Secretaries of Agriculture
and the Interior, not later than Dec. 1, 1991, a report containing
its findings and recommendations, directed the Secretaries to
submit the report to specific committees of Congress, and provided
for the Commission to cease 90 days after submission of the report.
EXISTING RIGHTS-OF-WAY
Provisions of section 706(a) of Pub. L. 94-579, Oct. 21, 1976, 90
Stat. 2793, except as pertaining to rights-of-way, not to be
construed as affecting the authority of the Secretary of
Agriculture under this section, see note set out under section 1701
of Title 43, Public Lands.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll-12, 478, 482, 544m
of this title.
-CITE-
16 USC Sec. 551a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 551a. Cooperation by Secretary of Agriculture with States and
political subdivisions in law enforcement
-STATUTE-
The Secretary of Agriculture, in connection with the
administration and regulation of the use and occupancy of the
national forests and national grasslands, is authorized to
cooperate with any State or political subdivision thereof, on lands
which are within or part of any unit of the national forest system,
in the enforcement or supervision of the laws or ordinances of a
State or subdivision thereof. Such cooperation may include the
reimbursement of a State or its subdivision for expenditures
incurred in connection with activities on national forest system
lands. This section shall not deprive any State or political
subdivision thereof of its right to exercise civil and criminal
jurisdiction, within or on lands which are a part of the national
forest system.
-SOURCE-
(Pub. L. 92-82, Aug. 10, 1971, 85 Stat. 303.)
-CITE-
16 USC Sec. 551b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 551b. Omitted
-COD-
CODIFICATION
Section, Pub. L. 101-286, title II, Sec. 202, May 9, 1990, 104
Stat. 174, which required the Secretaries of Agriculture and the
Interior, for areas under their respective jurisdictions, to submit
annual reports to Congress on rehabilitation needs resulting from
disastrous forest fire damage, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance. See,
also, pages 47 and 108 of House Document No. 103-7.
-CITE-
16 USC Sec. 551c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 551c. Planning for fire protection
-STATUTE-
(a) Volunteer firefighters
The Secretaries of Agriculture and the Interior shall annually
offer training programs to certify volunteers for suppressing
forest fires on National Forest System lands, National Park System
lands and Bureau of Land Management public lands in the event that
the appropriate Secretary determines that such volunteers are
needed. In carrying out this subsection, the Secretaries should
utilize existing authorities to train volunteer firefighters for
use in fire emergencies. The Secretaries should assess the
capabilities of educational institutions and other public and
private organizations to provide such training programs.
(b) ''Educational institutions'' defined
For the purposes of this section, the term ''educational
institutions'' shall include institutions established pursuant to
the Act of July 2, 1862 (7 U.S.C. 301 et seq., commonly known as
the ''Morrill Act''), or the Act of August 30, 1890 (7 U.S.C. 321
et seq., commonly known as the ''Second Morrill Act'').
(c) Mobilization of local equipment
Not later than one year after May 9, 1990 -
(1) the Secretary of Agriculture shall submit to the Congress
information with respect to regions of the National Forest
System, and
(2) the Secretary of the Interior shall submit to the Congress
information with respect to the Bureau of Land Management public
lands on a State-by-State basis and each region of the National
Park System
that documents mobilization plans that provide for the use of
firefighting equipment in cases of fire emergencies that may occur
in each such area that may be highly prone to disastrous forest
fires.
(d) Presuppression needs
Not later than one year after May 9, 1990, information from the
Secretary of Agriculture on presuppression needs for each region of
the National Forest System and information from the Secretary of
the Interior on the presuppression needs for each region of the
National Park System and for each State unit of the Bureau of Land
Management shall be submitted to Congress. These reports shall
include needs, including an estimate of the funds required, for
fire prevention, fuel reduction, training and seasonal fire crews.
-SOURCE-
(Pub. L. 101-286, title II, Sec. 203, May 9, 1990, 104 Stat. 175.)
-REFTEXT-
REFERENCES IN TEXT
Act of July 2, 1862, referred to in subsec. (b), is act July 2,
1862, ch. 130, 12 Stat. 503, as amended, popularly known as the
Morrill Act and also as the First Morrill Act, which is classified
generally to subchapter I (Sec. 301 et seq.) of chapter 13 of Title
7, Agriculture. For complete classification of this Act to the
Code, see Short Title note set out under section 301 of Title 7 and
Tables.
Act of August 30, 1890, referred to in subsec. (b), is act Aug.
30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known as the
Agricultural College Act of 1890 and also as the Second Morrill
Act, which is classified generally to subchapter II (Sec. 321 et
seq.) of chapter 13 of Title 7. For complete classification of this
Act to the Code, see Short Title note set out under section 321 of
Title 7 and Tables.
-MISC2-
FOREST FIREFIGHTING PLANNING AND COOPERATION; FINDINGS
Pub. L. 101-286, title II, Sec. 201, May 9, 1990, 104 Stat. 174,
provided that: ''The Congress finds that -
''(1) it is in the best interest of the Nation to take swift
action to rehabilitate burned forests, and an assessment of the
situation is necessary to accomplish this; and
''(2) volunteers should be trained to assist where possible.''
-CITE-
16 USC Sec. 552 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 552. Consent to agreement by States for conservation of
forests and water supply
-STATUTE-
Consent of the Congress of the United States is given to each of
the several States of the Union to enter into any agreement or
compact, not in conflict with any law of the United States, with
any other State or States for the purpose of conserving the forests
and the water supply of the States entering into such agreement or
compact.
-SOURCE-
(Mar. 1, 1911, ch. 186, Sec. 1, 36 Stat. 961.)
-MISC1-
SHORT TITLE
Act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, which is
classified to sections 480, 500, 513 to 519, 521, 552, and 563 of
this title, is popularly known as the Weeks Law.
-SECREF-
WEEKS LAW REFERRED TO IN OTHER SECTIONS
The Weeks Law is referred to in sections 47-1, 460a-4, 460vv-18,
460lll-12, 505b, 515 to 521a, 527, 569, 577e, 663, 683 of this
title; title 25 sections 564w-1, 592; title 30 sections 181, 226,
351.
-CITE-
16 USC Sec. 552a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 552a. Restoration of withdrawn national forest lands to
appropriation
-STATUTE-
The President, upon recommendation of the Secretaries of the
Interior and Agriculture, may, by Executive order, when in his
judgment the public interest would best be served thereby and after
reasonable notice has been given through the Department of the
Interior, restore any reserved national-forest lands covered by a
cooperative agreement with the Secretary of Agriculture for the
protection of a watershed within a national forest from which water
is secured, to appropriation under any applicable public-lands law.
-SOURCE-
(May 28, 1940, ch. 220, Sec. 1, 54 Stat. 224; Pub. L. 94-579, title
VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)
-COD-
CODIFICATION
The words ''restore any of the lands so withdrawn'' have been
changed to ''restore any reserved national-forest lands covered by
a cooperative agreement with the Secretary of Agriculture for the
protection of a watershed within a national forest from which water
is secured'' to reflect the change made by Pub. L. 94-579. See 1976
Amendment note below.
-MISC3-
AMENDMENTS
1976 - Pub. L. 94-579 struck out everything preceding second
proviso which read: ''Whenever a municipality obtains its water
supply from a national forest and has entered into a cooperative
agreement with the Secretary of Agriculture for the protection of
the watershed within the national forest from which the water is
secured, the President of the United States may, and he is,
authorized, upon application by said municipality, and endorsed by
the governing board of the county or counties in which the lands
concerned are located and approved by the Secretaries of
Agriculture and the Interior, to reserve and set aside from all
forms of location, entry, or appropriation any national-forest
lands, which are covered by such cooperative agreement, subject,
however, to valid, existing rights and claims, and such reservation
shall remain in force until revoked by the President or by an Act
of Congress: Provided, That nothing herein shall affect the power
of the Secretary of the Interior to withdraw and utilize withdrawn
lands under the Federal reclamation laws''.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 704(a) of Pub. L. 94-579 provided in part that this
section is amended effective on and after Oct. 21, 1976.
SAVINGS PROVISION
Amendment by Pub. L. 94-579 not to be construed as terminating
any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
see note set out under section 1701 of Title 43, Public Lands.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 552b, 552c, 552d of this
title.
-CITE-
16 USC Sec. 552b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 552b. Administration of withdrawn lands; rules and regulations
-STATUTE-
Lands withdrawn under the provisions of sections 552a to 552d of
this title shall be administered by the Secretary of Agriculture
under such agreements for the protection of the watershed as he may
make with the municipality concerned, and the Secretary of
Agriculture is authorized, in addition to the rules and regulations
adopted for the administration of the national forests, to adopt
and prescribe such further rules and regulations as he considers
necessary to effect the adequate protection of the watershed,
including a rule or regulation forbidding persons other than forest
officers and representatives of the municipality from going on the
lands so reserved or making any use whatever thereof.
-SOURCE-
(May 28, 1940, ch. 220, Sec. 2, 54 Stat. 224.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 552c, 552d of this title.
-CITE-
16 USC Sec. 552c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 552c. Reimbursement of United States for loss of revenue
-STATUTE-
Whenever national-forest lands are withdrawn under sections 552a
to 552d of this title, and the municipality concerned objects to
the utilization of the timber or other resources of lands
withdrawn, and the Secretary of Agriculture agrees to withhold such
resources from utilization, said municipality shall pay to the
Forest Service annually an amount which the Secretary of
Agriculture shall determine is necessary to reimburse the United
States for the loss of net annual revenues which would be derived
from the resources so withheld from disposition.
-SOURCE-
(May 28, 1940, ch. 220, Sec. 3, 54 Stat. 225.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 552b, 552d of this title.
-CITE-
16 USC Sec. 552d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 552d. Punishment of violations of regulations
-STATUTE-
Any violation of the regulations issued under sections 552a to
552d of this title shall be punished as is provided in section 1853
of title 18.
-SOURCE-
(May 28, 1940, ch. 220, Sec. 4, 54 Stat. 225.)
-COD-
CODIFICATION
''Section 1853 of title 18'' substituted in text for ''section
104 of title 18'' on authority of act June 25, 1948, ch. 645, 62
Stat. 683, the first section of which enacted Title 18, Crimes and
Criminal Procedure.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 552b, 552c of this title.
-CITE-
16 USC Sec. 553 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 553. Duties of officials of Forest Service; stock laws;
protection of fish and game
-STATUTE-
Officials of the Forest Service designated by the Secretary of
Agriculture shall, in all ways that are practicable, aid in the
enforcement of the laws of the States or Territories with regard to
stock, for the prevention and extinguishment of forest fires, and
for the protection of fish and game, and with respect to national
forests, shall aid the other Federal bureaus and departments on
request from them, in the performance of the duties imposed on them
by law.
-SOURCE-
(May 23, 1908, ch. 192, 35 Stat. 259.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions of Secretary of Agriculture, administered through
Bureau of Biological Survey, relating to conservation of wildlife,
game, and migratory birds, transferred to Secretary of the Interior
by Reorg. Plan No. II of 1939, Sec. 4(f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5,
Government Organization and Employees.
-CITE-
16 USC Sec. 553a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 553a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
Stat. 655
-MISC1-
Section, acts June 29, 1949, ch. 280, title I, 63 Stat. 337; Oct.
15, 1949, ch. 695, Sec. 6(a), 63 Stat. 881, prescribed salary of
Chief Forester. See section 5316 of Title 5, Government
Organization and Employees.
-CITE-
16 USC Sec. 554 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 554. Forest supervisors and rangers
-STATUTE-
Forest supervisors and rangers shall be selected, when
practicable, from qualified citizens of the States or Territories
in which the national forests, respectively, are situated.
-SOURCE-
(Feb. 1, 1905, ch. 288, Sec. 3, 33 Stat. 628.)
-COD-
CODIFICATION
''National forests'' substituted in text for ''reserves'' on
authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which
provided that forest reserves shall hereafter be known as national
forests.
-CITE-
16 USC Sec. 554a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 554a. Employees to be appointed without regard to political
affiliations
-STATUTE-
Forest inspectors, superintendents, supervisors, surveyors,
rangers, and fire patrol are to be hereafter appointed by the
Secretary of Agriculture wholly with reference to their fitness and
without regard for their political affiliations.
-SOURCE-
(July 7, 1898, ch. 571, Sec. 1, 30 Stat. 673; Feb. 1, 1905, ch.
288, Sec. 1, 33 Stat. 628.)
-TRANS-
TRANSFER OF FUNCTIONS
Act Feb. 1, 1905, transferred certain functions with regard to
the administration of public forests from Secretary of the Interior
to Secretary of Agriculture.
-CITE-
16 USC Sec. 554b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 554b. Medical care for employees engaged in hazardous work;
notification and transportation of employees
-STATUTE-
Appropriations for the Forest Service shall be available for
medical supplies and services and other assistance necessary for
the immediate relief of artisans, laborers, and other employees
engaged in any hazardous work under the Forest Service, and for
expenses of notifying employees of the death or serious illness of
close relatives and, in such cases where no public transportation
is available, for transporting the employees to a point where
public transportation is available.
-SOURCE-
(Sept. 21, 1944, ch. 412, title II, Sec. 202, 58 Stat. 736; Pub. L.
85-464, Sec. 4, June 20, 1958, 72 Stat. 217.)
-COD-
CODIFICATION
Section was enacted as a part of the Department of Agriculture
Organic Act of 1944.
-MISC3-
AMENDMENTS
1958 - Pub. L. 85-464 made appropriations available for expenses
of notifying employees of the death or serious illness of close
relatives, and for transportation of employees.
-CITE-
16 USC Sec. 554c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 554c. Care of employees' graves
-STATUTE-
Appropriations for the Forest Service shall be available within
such limitations as may be prescribed therein for the expenses of
properly caring for the graves of persons who have lost their lives
as a result of fighting fires while employed by the Forest Service.
-SOURCE-
(Sept. 21, 1944, ch. 412, title II, Sec. 206, 58 Stat. 736.)
-COD-
CODIFICATION
Section was enacted as a part of the Department of Agriculture
Organic Act of 1944.
-CITE-
16 USC Sec. 554d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 554d. Recreation facilities for employees of Forest Service
and their immediate families
-STATUTE-
Not to exceed $100,000 annually of funds available to the Forest
Service may be expended for providing recreation facilities,
equipment, and services for use by employees of the Service located
at isolated situations and, where deemed to be in the public
interest, by members of the immediate families of such employees.
-SOURCE-
(Pub. L. 87-869, Sec. 3, Oct. 23, 1962, 76 Stat. 1157; Pub. L.
101-512, title II, Nov. 5, 1990, 104 Stat. 1944.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-512 substituted ''$100,000'' for ''$35,000''.
-CITE-
16 USC Sec. 554e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 554e. Employment of workers for emergencies
-STATUTE-
Notwithstanding any other provision of law, on and after October
21, 1998, the Forest Service is authorized to employ or otherwise
contract with persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such as fires,
storms, floods, earthquakes or any other unavoidable cause without
regard to Sundays, Federal holidays, and the regular workweek.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) (title II), Oct. 21, 1998,
112 Stat. 2681-231, 2681-273.)
-MISC1-
SIMILAR PROVISIONS
Provisions similar to this section were contained in the
following prior appropriation acts:
Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1577.
Pub. L. 104-208, div. A, title I, Sec. 101(d) (title II), Sept.
30, 1996, 110 Stat. 3009-181, 3009-208.
Pub. L. 104-134, title I, Sec. 101(c) (title II), Apr. 26, 1996,
110 Stat. 1321-156, 1321-185; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524.
Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1404.
Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1402.
Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1019.
Pub. L. 101-512, title II, Nov. 5, 1990, 104 Stat. 1944.
-CITE-
16 USC Sec. 555 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 555. Forest headquarters, ranger stations, dwellings, or other
needed sites
-STATUTE-
Where no suitable Government land is available for national
forest headquarters, ranger stations, dwellings, or for other sites
required for the effective conduct of the authorized activities of
the Forest Service, the Secretary of Agriculture is authorized to
purchase such lands out of the appropriation applicable to the
purpose for which the land is to be used, and to accept donations
of land for any national forest or experimental purpose: Provided,
That such lands may be acquired subject to such reservations and
outstanding interests as the Secretary determines will not
interfere with the purpose for which acquired: Provided further,
That not to exceed $50,000 may be expended in any one fiscal year
pursuant to this authority.
-SOURCE-
(Mar. 3, 1925, ch. 457, Sec. 5, 43 Stat. 1133; Apr. 24, 1950, ch.
97, Sec. 13, 64 Stat. 86; Pub. L. 85-464, Sec. 9, June 20, 1958, 72
Stat. 218.)
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-464 substituted ''$50,000'' for ''$25,000''.
1950 - Act Apr. 24, 1950, applied section to dwellings or other
needed sites and inserted provisos.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 555a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 555a. Exchange of lands
-STATUTE-
Where lands under the jurisdiction of the Forest Service have
been acquired and are being administered under laws which contain
no provision for their exchange, the Secretary of Agriculture may
convey such lands and in exchange therefor may accept on behalf of
the United States title to any lands which in his opinion are
suitable for use in connection with activities of the Forest
Service. The value of the lands so conveyed by the Secretary of
Agriculture shall not exceed the value of the lands accepted by
him.
-SOURCE-
(Pub. L. 87-869, Sec. 1, Oct. 23, 1962, 76 Stat. 1157.)
-CITE-
16 USC Sec. 555b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 555b. Street improvements; availability of Forest Service
funds
-STATUTE-
Funds available to the Forest Service shall be available for
expenses of, or payment of assessment for, construction of
sidewalks, curbs, or street paving along the boundary of
Government-owned residential or otherwise improved lots.
-SOURCE-
(Pub. L. 87-869, Sec. 9, Oct. 23, 1962, 76 Stat. 1157.)
-CITE-
16 USC Sec. 556 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556. Appropriations for Forest Service; use for transportation
or traveling expenses; preparation or publication of newspaper
or magazine articles
-STATUTE-
No part of any funds appropriated for the Forest Service shall be
used to pay the transportation or traveling expenses of any forest
officer or agent except he be traveling on business directly
connected with the Forest Service and in furtherance of the works,
aims, and objects specified and authorized by law; nor shall any
such funds be paid or used for the purpose of paying for, in whole
or in part, the preparation or publication of any newspaper or
magazine article, but this shall not prevent the giving out to all
persons, without discrimination, including newspapers and magazine
writers and publishers, of any facts or official information of
value to the public: Provided, That this prohibition shall not
apply to scientific or technical articles prepared for or published
in scientific publications.
-SOURCE-
(May 11, 1922, ch. 185, 42 Stat. 521; Pub. L. 85-464, Sec. 8, June
20, 1958, 72 Stat. 218.)
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-464 made prohibition inapplicable to scientific
or technical articles prepared for or published in scientific
publications.
-CITE-
16 USC Sec. 556a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556a. Omitted
-COD-
CODIFICATION
Section, acts June 16, 1955, ch. 147, title II, Sec. 203, 69
Stat. 156; June 13, 1956, ch. 380, title II, Sec. 202, 70 Stat.
270, which related to expenditures for options to purchase lands
from appropriations made for the Forest Service, was superseded by
section 428a of Title 7, Agriculture.
-CITE-
16 USC Sec. 556b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556b. Use of appropriations for expenses of transporting
automobiles of employees between points in Alaska
-STATUTE-
Funds available to the Forest Service may be used, in accordance
with regulations prescribed by the Secretary of Agriculture for
expenses of transporting automobiles of employees of that Service
between points in Alaska in connection with transfers of official
stations of such employees to meet the needs of the Service.
-SOURCE-
(Pub. L. 85-464, Sec. 3, June 20, 1958, 72 Stat. 217.)
-CITE-
16 USC Sec. 556c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556c. Reimbursement of employees for property losses resulting
from fires, floods, or other casualties
-STATUTE-
Funds available to the Forest Service may be used in amounts not
exceeding $100 in any single claim, for reimbursing employees of
the Forest Service for loss of or damage to clothing and other
personal effects resulting from fires, floods, or other casualties
at or near the place in which such property is temporarily stored
during services of the employees in connection with such
casualties.
-SOURCE-
(Pub. L. 85-464, Sec. 2, June 20, 1958, 72 Stat. 217.)
-CITE-
16 USC Sec. 556d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556d. Advances of public moneys to Forest Service for fighting
forest fires in emergency cases
-STATUTE-
Advances of money under any appropriation for the Forest Service
may be made to the Forest Service and by authority of the Secretary
of Agriculture to chiefs of field parties for fighting forest fires
in emergency cases and detailed accounts arising under such
advances shall be rendered through and by the Department of
Agriculture to the General Accounting Office.
-SOURCE-
(May 23, 1908, ch. 192, 35 Stat. 259; June 10, 1921, ch. 18, title
III, Sec. 304, 42 Stat. 24; Pub. L. 92-310, title II, Sec. 231(v),
June 6, 1972, 86 Stat. 211.)
-COD-
CODIFICATION
Section was enacted as a part of the Agricultural Appropriation
Act for the fiscal year 1909, act May 23, 1908.
Section was formerly classified to section 534 of Title 31 prior
to the general revision and enactment of Title 31, Money and
Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
-MISC3-
AMENDMENTS
1972 - Pub. L. 92-310 struck out provisions which required chiefs
of field parties to give bonds.
-TRANS-
TRANSFER OF FUNCTIONS
''General Accounting Office'' substituted in text for ''Treasury
Department'' pursuant to act June 10, 1921, which transferred all
powers and duties conferred upon Comptroller, six auditors, and
certain other officers of the Treasury to General Accounting
Office. See section 701 et seq. of Title 31, Money and Finance.
-CITE-
16 USC Sec. 556e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556e. Emergency appropriations for rehabilitation and wildfire
suppression
-STATUTE-
Beginning in fiscal year 1993, and in each year thereafter, only
amounts for emergency rehabilitation and wildfire suppression
activities that are in excess of the average of such costs for the
previous ten years shall be considered ''emergency requirements''
pursuant to section 901(b)(2)(D) (FOOTNOTE 1) of title 2, and such
amounts shall on and after November 13, 1991, be so designated.
(FOOTNOTE 1) See References in Text note below.
-SOURCE-
(Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1015.)
-REFTEXT-
REFERENCES IN TEXT
Section 901 of title 2, referred to in text, was amended by Pub.
L. 105-33, title X, Sec. 10203(a)(4), Aug. 5, 1997, 111 Stat. 699,
and, as so amended, section 901(b)(2)(D) no longer refers to
''emergency requirements''. However, ''emergency requirements''
are referred to elsewhere in section 901.
-CITE-
16 USC Sec. 556f 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556f. Expenses of student interns
-STATUTE-
On and after October 5, 1992, funds appropriated to the
Department of Agriculture, Forest Service may be used to pay
transportation, lodging, and subsistence expenses of student
interns, defined as employees who assist scientific, professional,
or technical employees and who are bona fide students of accredited
colleges or universities who are pursuing courses related to the
field in which employed.
-SOURCE-
(Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1403.)
-CITE-
16 USC Sec. 556g 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556g. Reimbursement of employee license costs and
certification fees
-STATUTE-
Notwithstanding any other provision of law, in fiscal year 1993
and thereafter, appropriations or funds available to the Department
of the Interior or the Forest Service, Department of Agriculture,
may be used to reimburse employees for the cost of State licenses
and certification fees pursuant to their employment and that are
necessary to comply with State or Federal laws, regulations, or
requirements.
-SOURCE-
(Pub. L. 102-381, title III, Sec. 317, Oct. 5, 1992, 106 Stat.
1417.)
-CITE-
16 USC Sec. 556h 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 556h. Recognition of private contributors to Forest Service
programs
-STATUTE-
Notwithstanding any other provision of law, on and after October
21, 1998, any appropriations or funds available to the Forest
Service may be used to disseminate program information to private
and public individuals and organizations through the use of
nonmonetary items of nominal value and to provide nonmonetary
awards of nominal value and to incur necessary expenses for the
nonmonetary recognition of private individuals and organizations
that make contributions to Forest Service programs.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) (title II), Oct. 21, 1998,
112 Stat. 2681-231, 2681-272.)
-MISC1-
SIMILAR PROVISIONS
Provisions similar to this section were contained in the
following prior appropriation acts:
Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1576.
Pub. L. 104-208, div. A, title I, Sec. 101(d) (title II), Sept.
30, 1996, 110 Stat. 3009-181, 3009-208.
Pub. L. 104-134, title I, Sec. 101(c) (title II), Apr. 26, 1996,
110 Stat. 1321-156, 1321-184; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524.
Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1403.
Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1401.
Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1017.
Pub. L. 101-512, title II, Nov. 5, 1990, 104 Stat. 1942.
Pub. L. 101-121, title II, Oct. 23, 1989, 103 Stat. 726.
-CITE-
16 USC Sec. 557 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 557. Employees of Forest Service; subsistence furnished to;
personal equipment; supplies, and medical attention
-STATUTE-
The Secretary of Agriculture is authorized to furnish subsistence
to employees of the Forest Service, to purchase personal equipment
and supplies for them, and to make deductions therefor from moneys
appropriated for salary payments or otherwise due such employees.
He is also authorized, in his discretion, to provide out of moneys
appropriated for the general expenses of the Forest Service medical
attention for employees of the Forest Service located at isolated
situations, including the moving of such employees to hospitals or
other places where medical assistance is available, and in case of
death to remove the bodies of deceased employees to the nearest
place where they can be prepared for shipment or for burial:
Provided, That when a transient without permanent residence, or any
other person while away from his place of residence, is temporarily
employed by the Forest Service and while so employed becomes
disabled because of injury or illness not attributable to official
work, he may be provided hospitalization and other necessary
medical care, subsistence, and lodging for a period of not to
exceed fifteen days during such disability, the cost thereof to be
payable from any funds available to the Forest Service applicable
to the work for which such person is employed.
-SOURCE-
(Mar. 3, 1925, ch. 457, Sec. 4, 6, 43 Stat. 1133; Apr. 24, 1950,
ch. 97, Sec. 15, 64 Stat. 86.)
-MISC1-
AMENDMENTS
1950 - Act Apr. 24, 1950, inserted proviso to provide medical
care for temporary employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 557a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 557a. Field season contracts; authority to make prior to
appropriation
-STATUTE-
The Secretary of Agriculture is hereafter authorized, in
connection with the administration of the national forests, to
enter into contracts for the procurement of services, materials,
and supplies for the ensuing fiscal year, prior to the passage of
an appropriation therefor: Provided, That such contracts shall
aliquot the cost for such service by fiscal years and shall not be
binding on the United States as to that part for the ensuing year
unless and until an appropriation applicable to the payment thereof
is made: And provided further, That all such contracts shall by
their terms provide that the obligation of the United States is
contingent upon the passage of an applicable appropriation and that
no payment thereunder will be made until such appropriation becomes
available for expenditure.
-SOURCE-
(June 30, 1932, ch. 331, 47 Stat. 473.)
-CITE-
16 USC Sec. 557b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 557b. Omitted
-COD-
CODIFICATION
Section, act June 16, 1955, ch. 147, title II, Sec. 202, 69 Stat.
156, which related to employment of aliens in the Forest Service,
was enacted as part of the Department of the Interior and Related
Agencies Appropriation Act, 1956, and was not repeated in the
Department of the Interior and Related Agencies Appropriation Act,
1957 (approved June 13, 1956, ch. 380, 70 Stat. 257), or subsequent
appropriation acts.
-CITE-
16 USC Sec. 558 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 558. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
Stat. 642
-MISC1-
Section, act Mar. 4, 1913, ch. 145, Sec. 1(part), 37 Stat. 843,
related to leaves of absence to employees of Forest Service in
Alaska.
-CITE-
16 USC Sec. 558a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 558a. Volunteers in the National Forests Program
-STATUTE-
The Secretary of Agriculture (hereinafter referred to as the
''Secretary'') is authorized to recruit, train, and accept without
regard to the civil service (FOOTNOTE 1) classification laws,
rules, or regulations the services of individuals without
compensation as volunteers for or in aid of interpretive functions,
visitor services, conservation measures and development, or other
activities in and related to areas administered by the Secretary
through the Forest Service. In carrying out this section, the
Secretary shall consider referrals of prospective volunteers made
by the Corporation for National and Community Service.
(FOOTNOTE 1) So in original. The word ''and'' probably should
appear after ''civil service''.
-SOURCE-
(Pub. L. 92-300, Sec. 1, May 18, 1972, 86 Stat. 147; Pub. L.
103-82, title IV, Sec. 405(d), Sept. 21, 1993, 107 Stat. 921.)
-REFTEXT-
REFERENCES IN TEXT
The civil service laws, referred to in text, are set out in Title
5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
The classification laws, referred to in text, are classified to
chapter 51 (Sec. 5101 et seq.) and subchapter III (Sec. 5331 et
seq.) of chapter 53 of Title 5.
-MISC2-
AMENDMENTS
1993 - Pub. L. 103-82 substituted ''the Corporation for National
and Community Service'' for ''ACTION''.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section
406(b) of Pub. L. 103-82, set out as a note under section 8332 of
Title 5, Government Organization and Employees.
SHORT TITLE
Section 5 of Pub. L. 92-300 provided that: ''This Act (enacting
this section and sections 558b to 558d of this title) may be cited
as the 'Volunteers in the National Forests Act of 1972'.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 558c, 558d, 583j-4, 1246,
1250, 1282 of this title.
-CITE-
16 USC Sec. 558b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 558b. Incidental expenses of program volunteers
-STATUTE-
The Secretary is authorized to provide for incidental expenses,
such as transportation, uniforms, lodging, and subsistence.
-SOURCE-
(Pub. L. 92-300, Sec. 2, May 18, 1972, 86 Stat. 147.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 558c, 558d, 583j-4, 1246,
1250, 1282 of this title.
-CITE-
16 USC Sec. 558c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 558c. Employment status of volunteers
-STATUTE-
(a) Federal employee status
Except as otherwise provided in this section, a volunteer shall
not be deemed a Federal employee and shall not be subject to the
provisions of law relating to Federal employment, including those
relating to hours of work, rates of compensation, leave,
unemployment compensation, and Federal employee benefits.
(b) Tort claims
For the purpose of the tort claim provisions of title 28, a
volunteer under sections 558a to 558d of this title shall be
considered a Federal employee.
(c) Civil employees
For the purposes of subchapter I of chapter 81 of title 5,
relating to compensation to Federal employees for work injuries,
volunteers under sections 558a to 558d of this title shall be
deemed civil employees of the United States within the meaning of
the term ''employee'' as defined in section 8101 of title 5, and
the provisions of that subchapter shall apply.
(d) Compensation for losses and damages
For the purposes of claims relating to damage to, or loss of,
personal property of a volunteer incident to volunteer service, a
volunteer under sections 558a to 558d of this title shall be
considered a Federal employee, and the provisions of section 3721
of title 31 shall apply.
-SOURCE-
(Pub. L. 92-300, Sec. 3, May 18, 1972, 86 Stat. 147; Pub. L.
101-286, title II, Sec. 204(a), May 9, 1990, 104 Stat. 175.)
-REFTEXT-
REFERENCES IN TEXT
Tort claim provisions of title 28, referred to in subsec. (b),
are the provisions of the Federal Tort Claims Act, which is
classified generally to section 1346(b) and chapter 171 (Sec. 2671
et seq.) of Title 28, Judiciary and Judicial Procedure.
-MISC2-
AMENDMENTS
1990 - Subsec. (d). Pub. L. 101-286 added subsec. (d).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 558d, 583j-4, 1246, 1250,
1282 of this title.
-CITE-
16 USC Sec. 558d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 558d. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 558a to 558d of
this title.
-SOURCE-
(Pub. L. 92-300, Sec. 4, May 18, 1972, 86 Stat. 147; Pub. L.
95-289, Sec. 1, June 5, 1978, 92 Stat. 289.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-289 struck out limitation requiring not more
than $100,000 to be appropriated in any one year.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 2 of Pub. L. 95-289 provided that: ''The amendment made
by this Act to the Volunteers in the National Forests Act of 1972
(amending this section) shall become effective October 1, 1978.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 558c, 583j-4, 1246, 1250,
1282 of this title.
-CITE-
16 USC Sec. 559 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 559. Arrests by employees of Forest Service for violations of
laws and regulations
-STATUTE-
All persons employed in the Forest Service of the United States
shall have authority to make arrests for the violation of the laws
and regulations relating to the national forests, and any person so
arrested shall be taken before the nearest United States magistrate
judge, within whose jurisdiction the forest is located, for trial;
and upon sworn information by any competent person any United
States magistrate judge in the proper jurisdiction shall issue
process for the arrest of any person charged with the violation of
said laws and regulations; but nothing herein contained shall be
construed as preventing the arrest by any officer of the United
States, without process, of any person taken in the act of
violating said laws and regulations.
-SOURCE-
(Mar. 3, 1905, ch. 1405, 33 Stat. 873; Pub. L. 90-578, title IV,
Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 91-383, Sec.
10(a)(2), Aug. 18, 1970, as added Pub. L. 94-458, Sec. 2, Oct. 7,
1976, 90 Stat. 1941; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
1990, 104 Stat. 5117.)
-COD-
CODIFICATION
''Forest Service of the United States'' substituted for ''forest
reserve of the United States'' as the probable intent of Congress
in that the federal forest reserves were transferred from
Department of the Interior to Department of Agriculture by act Feb.
1, 1905, ch. 288, Sec. 1, 33 Stat. 628, and administration of
forest reserves was placed in Forest Service which was created by
that act.
Words ''national forests'' and ''forest'' substituted for
''forest reserves'' and ''reservation'', respectively, on authority
of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that
forest reserves shall hereafter be known as national forests.
That part of act Mar. 3, 1905, which related to arrests by
employees of the National Park Service for violations of laws and
regulations, was (prior to the amendment made by Pub. L 94-458)
classified to section 10 of this title.
-MISC3-
AMENDMENTS
1976 - Pub. L. 91-383, Sec. 10(a)(2), as added Pub. L. 94-458,
struck out ''and national parks'' after ''national forests'' and
''or national park'' after ''jurisdiction the forest''.
-CHANGE-
CHANGE OF NAME
''United States magistrate judge'' substituted for ''United
States magistrate'' wherever appearing in text pursuant to section
321 of Pub. L. 101-650, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure. Previously, ''United
States magistrate'' substituted for ''United States commissioner''
pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of
Title 28.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460lll-12 of this title.
-CITE-
16 USC Sec. 559a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 559a. Reward for information leading to arrest and conviction
for violating laws and regulations
-STATUTE-
The Secretary of Agriculture may pay rewards from appropriations
available for the protection and management of the national
forests, under such regulations as he may prescribe, for
information leading to the arrest and conviction for violation of
the laws and regulations relating to fires in or near national
forests, or for the unlawful taking of, or injury to, Government
property.
-SOURCE-
(Sept. 21, 1944, ch. 412, title II, Sec. 201, 58 Stat. 736.)
-COD-
CODIFICATION
Section was enacted as a part of the Department of Agriculture
Organic Act of 1944.
-CITE-
16 USC Sec. 559b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 559b. Prevention of manufacture, etc., of marijuana and other
controlled substances
-STATUTE-
(a) Purpose
The purpose of sections 559b to 559f of this title is to
authorize the Secretary of Agriculture (hereinafter in sections
559b to 559f of this title referred to as the ''Secretary'') to
take actions necessary, in connection with the administration and
use of the National Forest System, to prevent the manufacture,
distribution, or dispensing of marijuana and other controlled
substances.
(b) Law enforcement authority
Nothing in sections 559b to 559f of this title shall diminish in
any way the law enforcement authority of the Forest Service.
(c) Definitions
As used in sections 559b to 559f of this title, the terms
''manufacture'', ''dispense'', and ''distribute'' shall have the
same meaning given such terms in section 802 of title 21.
-SOURCE-
(Pub. L. 99-570, title XV, Sec. 15002, Oct. 27, 1986, 100 Stat.
3207-191.)
-REFTEXT-
REFERENCES IN TEXT
Sections 559b to 559f of this title, referred to in text, was in
the original ''this title'', meaning title XV of Pub. L. 99-570,
Oct. 27, 1986, 100 Stat. 3207-191, known as the National Forest
System Drug Control Act of 1986, which enacted sections 559b to
559f of this title, amended section 841 of Title 21, Food and
Drugs, and enacted provisions set out as a note below. For
complete classification of title XV to the Code, see Short Title
note set out below and Tables.
-MISC2-
SHORT TITLE
Section 15001 of title XV of Pub. L. 99-570 provided that: ''This
title (enacting this section and sections 559c to 559f of this
title and amending section 841 of Title 21, Food and Drugs) may be
cited as the 'National Forest System Drug Control Act of 1986'.''
NATIONAL FOREST SYSTEM, NATIONAL PARK SYSTEM, AND BUREAU OF LAND
MANAGEMENT PUBLIC LANDS SAFETY; FINDINGS
Pub. L. 100-690, title VI, Sec. 6254(a), Nov. 18, 1988, 102 Stat.
4363, provided that: ''Congress finds that -
''(1) National Forest System lands continue to be a haven for
the unlawful production of marijuana and other controlled
substances, which -
''(A) endangers the public in its use of National Forest
System lands;
''(B) interferes with the ability of the Forest Service to
effectively manage the natural resources and activities within
the National Forest System; and
''(C) causes damage and destruction of the natural resources
and facilities managed by the Forest Service;
''(2) the unlawful production of marijuana and other controlled
substances often -
''(A) is generally harmful to the environment and public
health and safety;
''(B) pollutes the air, soil, and water; and
''(C) is harmful to wildlife;
''(3) the Forest Service needs additional authority to
adequately deal with the problem of controlled substance
production that affects the administration of the National Forest
System;
''(4) the Forest Service needs to be able to exercise its
investigative authorities outside the boundaries of the National
Forest System for drug-related crimes arising from within the
National Forest System in order to be effective in deterring such
crime;
''(5) the authority and powers of the Forest Service are not
intended to be in conflict or interfere with the statutory
authority, powers, or responsibilities of any State or political
subdivision thereof; and
''(6) the Forest Service, in the exercise of its law
enforcement powers, should cooperate to every extent possible
with any other Federal, State, or local law enforcement authority
having jurisdiction in areas where national forests are located,
particularly where coordinated investigative and enforcement
actions can be effective to control crime which affects multiple
agencies.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll-12, 559c, 559d of
this title.
-CITE-
16 USC Sec. 559c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 559c. Powers of officers and employees of Forest Service
-STATUTE-
For the purposes of sections 559b to 559f of this title, if
specifically designated by the Secretary and specially trained, not
to exceed 1,000 special agents and law enforcement officers of the
Forest Service when in the performance of their duties shall have
authority to -
(1) carry firearms;
(2) conduct, within the exterior boundaries of the National
Forest System, investigations of violations of and enforce
section 841 of title 21 and other criminal violations relating to
marijuana and other controlled substances that are manufactured,
distributed, or dispensed on National Forest System lands and to
conduct such investigations and enforcement of such laws outside
the exterior boundaries of the National Forest System for
offenses committed within the National Forest System or which
affect the administration of the National Forest System
(including the pursuit of persons suspected of such offenses who
flee the National Forest System to avoid arrest);
(3) make arrests with a warrant or process for misdemeanor
violations, or without a warrant or process for violations of
such misdemeanors that any such officer or employee has probable
cause to believe are being committed in his presence or view, or
for a felony with a warrant or without a warrant if he has
probable cause to believe that the person to be arrested has
committed or is committing such felony, for offenses committed
within the National Forest System or which affect the
administration of the National Forest System;; (FOOTNOTE 1)
(FOOTNOTE 1) So in original.
(4) serve warrants and other process issued by a court or
officer of competent jurisdiction;
(5) search with or without warrant or process any person,
place, or conveyance according to Federal law or rule of law; and
(6) seize with or without warrant or process any evidentiary
item according to Federal law or rule of law.
-SOURCE-
(Pub. L. 99-570, title XV, Sec. 15003, Oct. 27, 1986, 100 Stat.
3207-191; Pub. L. 100-690, title VI, Sec. 6254(b), Nov. 18, 1988,
102 Stat. 4363.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-690, Sec. 6254(b)(1), in introductory
provision substituted ''1,000 special agents and law enforcement
officers'' for ''500 officers and employees'', and struck out
''within the boundaries of the National Forest System'' after
''shall have authority''.
Par. (2). Pub. L. 100-690, Sec. 6254(b)(2), inserted '', within
the exterior boundaries of the National Forest System,'' after
''conduct'' and ''and to conduct such investigations and
enforcement of such laws outside the exterior boundaries of the
National Forest System for offenses committed within the National
Forest System or which affect the administration of the National
Forest System (including the pursuit of persons suspected of such
offenses who flee the National Forest System to avoid arrest)''
before semicolon at end.
Par. (3). Pub. L. 100-690, Sec. 6254(b)(3), inserted '', for
offenses committed within the National Forest System or which
affect the administration of the National Forest System;'' before
semicolon at end.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll-12, 559b, 559d of
this title.
-CITE-
16 USC Sec. 559d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 559d. Cooperation with other Federal, State, and local law
enforcement agencies
-STATUTE-
For the purposes of sections 559b to 559f of this title, in
exercising the authority provided by section 559c of this title -
(1) the Forest Service shall cooperate with any other Federal
law enforcement agency having primary investigative jurisdiction
over the offense committed;
(2) the Secretary may authorize the Forest Service to cooperate
with the law enforcement officials of any Federal agency, State,
or political subdivision in the investigation of violations of
and enforcement of section 401 of the Controlled Substances Act
(21 U.S.C. 841), other laws and regulations relating to marijuana
and other controlled substances, and State drug control laws or
ordinances for offenses committed within the National Forest
System or which affect the administration of the National Forest
System. (FOOTNOTE 1)
(FOOTNOTE 1) So in original. The period probably should be a
semicolon.
(3) the Forest Service shall cooperate with the Attorney
General in carrying out the seizure and forfeiture provisions of
section 511 of the Controlled Substances Act (21 U.S.C. 881) for
violations of the Controlled Substances Act (21 U.S.C. 801 et
seq.) relating to offenses committed within the National Forest
System, or which affect the administration of the National Forest
System;
(4) the Secretary is authorized to designate law enforcement
officers of any other Federal agency, when the Secretary
determines such designation to be economical and in the public
interest, and with the concurrence of that agency, to exercise
the powers and authorities of the Forest Service while assisting
the Forest Service in the National Forest System, or for
activities administered by the Forest Service; and
(5) the Forest Service is authorized to accept law enforcement
designation from any other Federal agency or agency of a State or
political subdivision thereof for the purpose of cooperating in a
multi-agency law enforcement task force investigation of
violations of the Controlled Substances Act (21 U.S.C. 801 et
seq.) and other offenses committed in the course of or in
connection with such violations.
-SOURCE-
(Pub. L. 99-570, title XV, Sec. 15004, Oct. 27, 1986, 100 Stat.
3207-191; Pub. L. 100-690, title VI, Sec. 6254(c), Nov. 18, 1988,
102 Stat. 4364.)
-REFTEXT-
REFERENCES IN TEXT
The Controlled Substances Act, referred to in pars. (3) and (5),
is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, which is classified principally to subchapter I (Sec. 801
et seq.) of chapter 13 of Title 21, Food and Drugs. For complete
classification of this Act to the Code, see Short Title note set
out under section 801 of Title 21 and Tables.
-MISC2-
AMENDMENTS
1988 - Par. (2). Pub. L. 100-690, Sec. 6254(c)(2), substituted
''for offenses committed within the National Forest System or which
affect the administration of the National Forest System'' for '',
within the boundaries of the National Forest System''.
Pars. (3) to (5). Pub. L. 100-690, Sec. 6254(c)(3), added pars.
(3) to (5).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll-12, 559b, 559c of
this title.
-CITE-
16 USC Sec. 559e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 559e. Forest Service authorization
-STATUTE-
In order to improve Federal law enforcement activities relating
to the use and production of narcotics and controlled substances on
lands administered by the Forest Service, from amounts appropriated
there shall be made available to the Secretary, in addition to sums
made available under other authority of law, $10,000,000 for fiscal
year 1989, and for each fiscal year thereafter, to be used for
employment and training of additional and existing Forest Service
law enforcement personnel, for expenses related to such employment,
training, equipment, and facilities, and for cooperative programs
with State and local law enforcement agencies.
-SOURCE-
(Pub. L. 99-570, title XV, Sec. 15006, Oct. 27, 1986, 100 Stat.
3207-192; Pub. L. 100-690, title VI, Sec. 6254(d)(1), Nov. 18,
1988, 102 Stat. 4364.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-690 amended section generally. Prior to
amendment, section read as follows: ''There is authorized to be
appropriated $10,000,000 for each fiscal year to carry out sections
559b to 559f of this title.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll-12, 559b, 559c,
559d of this title.
-CITE-
16 USC Sec. 559f 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 559f. Approval of Secretary of Agriculture and Attorney
General
-STATUTE-
The authorities conferred herein shall be exercised pursuant to
an agreement approved by the Secretary of Agriculture and the
Attorney General.
-SOURCE-
(Pub. L. 99-570, title XV, Sec. 15007, Oct. 27, 1986, 100 Stat.
3207-192.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, probably means title XV of Pub. L.
99-570, Oct. 27, 1986, 100 Stat. 3207-191, known as the National
Forest System Drug Control Act of 1986, which enacted sections 559b
to 559f of this title, amended section 841 of Title 21, Food and
Drugs, and enacted provisions set out as a note under section 559b
of this title. For complete classification of title XV to the
Code, see Short Title note set out under section 559b of this title
and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll-12, 559b, 559c,
559d of this title.
-CITE-
16 USC Sec. 559g 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 559g. Designation authority of Secretary of Agriculture
-STATUTE-
(a) Purpose
It is the purpose of this section to authorize the Secretary of
Agriculture to make law enforcement operations more efficient in
connection with the administration and use of the National Forest
System.
(b) Officers of other agencies
The Secretary is authorized to designate law enforcement officers
of any other Federal agency, when the Secretary determines such
designation to be economical and in the public interest, and with
the concurrence of that agency, to exercise the powers and
authorities of the Forest Service while assisting the Forest
Service in the National Forest System, or for activities
administered by the Forest Service.
(c) Acceptance by Forest Service
The Forest Service is authorized to accept law enforcement
designation from any other Federal agency or agency of a State or
political subdivision thereof for the purpose of cooperating in the
investigation and enforcement of any Federal or State law or
ordinance and regulation of any such agency, when such
investigation or enforcement is mutually beneficial to the National
Forest System and the cooperating agency or jurisdiction, upon
entering into a memorandum of understanding or cooperative
agreement with such agency or jurisdiction.
-SOURCE-
(Pub. L. 99-570, title XV, Sec. 15008, as added Pub. L. 100-690,
title VI, Sec. 6254(e), Nov. 18, 1988, 102 Stat. 4365.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll-12, 698v-6 of this
title.
-CITE-
16 USC Sec. 560 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 560. Use of timber for telephone lines for fire protection
-STATUTE-
The Secretary of Agriculture, whenever he may deem it necessary
for the protection of the national forests from fire, may permit
the use of timber free of charge for the construction of telephone
lines.
-SOURCE-
(Mar. 4, 1913, ch. 145, Sec. 1(part), 37 Stat. 843.)
-CITE-
16 USC Sec. 560a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 560a. Omitted
-COD-
CODIFICATION
Section, Pub. L. 93-404, title II, Aug. 31, 1974, 88 Stat. 817,
which prohibited expenditure of funds appropriated to the Forest
Service for the purchase of twine manufactured from commodities or
materials produced outside of the United States except to provide
materials required for research or experimental work where no
suitable domestic product was available, was from the Department of
the Interior and Related Agencies Appropriation Act, 1975, and was
not repeated in subsequent appropriation acts. Similar provisions
were contained in the following prior appropriation acts:
Oct. 4, 1973, Pub. L. 93-120, title II, 87 Stat. 442.
Aug. 10, 1972, Pub. L. 92-369, title II, 86 Stat. 521.
Aug. 10, 1971, Pub. L. 92-76, title II, 85 Stat. 241.
July 31, 1970, Pub. L. 91-361, title II, 84 Stat. 682.
Oct. 29, 1969, Pub. L. 91-98, title II, 83 Stat. 161.
July 26, 1968, Pub. L. 90-425, title II, 82 Stat. 440.
June 24, 1967, Pub. L. 90-28, title II, 81 Stat. 72.
May 31, 1966, Pub. L. 89-435, title II, 80 Stat. 184.
June 28, 1965, Pub. L. 89-52, title II, 79 Stat. 188.
July 7, 1964, Pub. L. 88-356, title II, 78 Stat. 287.
July 26, 1963, Pub. L. 88-79, title II, 77 Stat. 110.
Aug. 9, 1962, Pub. L. 87-578, title II, 76 Stat. 348.
Aug. 3, 1961, Pub. L. 87-122, title II, Sec. 201, 75 Stat. 259.
May 13, 1960, Pub. L. 86-455, title II, Sec. 202, 74 Stat. 116.
June 23, 1959, Pub. L. 86-60, title II, Sec. 202, 73 Stat. 105.
June 4, 1958, Pub. L. 85-439, title II, Sec. 202, 72 Stat. 168.
July 1, 1957, Pub. L. 85-77, title II, Sec. 202, 71 Stat. 270.
June 13, 1956, ch. 380, title II, Sec. 203, 70 Stat. 270.
June 16, 1955, ch. 147, title II, Sec. 204, 69 Stat. 156.
-CITE-
16 USC Sec. 561 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 561. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(45), 65 Stat.
703
-MISC1-
Section, act Mar. 15, 1920, ch. 100, Sec. 3, 4, 41 Stat. 531,
related to transfer of surplus telephone supplies from the Military
Establishment to the Department of Agriculture for use of the
Forest Service.
-CITE-
16 USC Sec. 562 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 562. Forest experiment station in California
-STATUTE-
In order to determine and demonstrate the best methods for the
conservative management of forest and forest lands and the
protection of timber and other forest products, the Secretary of
Agriculture is authorized and directed (1) to establish and
maintain, in cooperation with the State of California and with the
surrounding States, a forest experiment station at such place or
places as he may determine to be most suitable, and (2) to conduct,
independently or in cooperation with other branches of the Federal
Government, the States, universities, colleges, county and
municipal agencies, business organizations, and individuals, such
silvicultural, dendrological, forest fire, economic, and other
experiments and investigations as may be necessary.
-SOURCE-
(Mar. 3, 1925, ch. 424, Sec. 1, 43 Stat. 1108.)
-CITE-
16 USC Sec. 562a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 562a. Forest experiment station in Ohio and Mississippi
Valleys
-STATUTE-
The Secretary of Agriculture is authorized to establish and
maintain a forest experiment station in the States of the Ohio
Valley and central Mississippi Valley, at such a place or places as
may be selected by him, and he is authorized and directed to
conduct silvicultural, forest-fire, dendrological, and other
experiments and investigations, independently or in cooperation
with other branches of the Federal Government, and with States,
universities, colleges, county and municipal agencies,
associations, and individuals, to determine the best methods for
the growing, management, and protection of timber crops on forest
lands and farm wood lots. Such annual appropriations as may
thereafter be necessary for its maintenance and operation are
hereby authorized.
-SOURCE-
(July 3, 1926, ch. 767, Sec. 1, 2, 44 Stat. 838.)
-COD-
CODIFICATION
A provision authorizing an appropriation of $30,000 for fiscal
year ending June 30, 1927, for establishment of the forest
experiment station referred to in this section was omitted as
executed.
-CITE-
16 USC Sec. 562b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 562b. Forest experiment station in Pennsylvania
-STATUTE-
In order to determine and demonstrate the best methods for the
growing, management, and protection of timber crops on forest lands
and farm wood lots, the Secretary of Agriculture is authorized and
directed to establish and maintain a forest experiment station at
such place or places as may be determined as most suitable by him,
in cooperation with the State of Pennsylvania and with the
neighboring States, and to conduct such silvicultural and other
forest experiments and investigations as may be necessary, either
independently or in cooperation with other organizations,
institutions, or individuals, and to carry out the purposes of this
section an appropriation in the amount of $30,000 is authorized.
-SOURCE-
(July 3, 1926, ch. 770, 44 Stat. 840.)
-CITE-
16 USC Sec. 563 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 563. Cooperation with States for fire protection on private or
State forest lands upon the watersheds of navigable rivers
-STATUTE-
The Secretary of Agriculture is authorized, and on such
conditions as he deems wise, to stipulate and agree with any State
or group of States to cooperate in the organization and maintenance
of a system of fire protection on any private or State forest lands
within such State or States and situated upon the watershed of a
navigable river. No such stipulation or agreement shall be made
with any State which has not provided by law for a system of
forest-fire protection. In no case shall the amount expended in
any State exceed in any fiscal year the amount appropriated by that
State for the same purpose during the same fiscal year.
-SOURCE-
(Mar. 1, 1911, ch. 186, Sec. 2, 36 Stat. 961.)
-MISC1-
FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER
30, 1976, DEEMED FISCAL YEAR FOR PURPOSES OF MATCHING REQUIREMENTS
Fiscal year transition period of July 1, 1976, through Sept. 30,
1976, deemed fiscal year for purposes of this section relating to
matching requirements, see section 202(1) of Pub. L. 94-274, Apr.
21, 1976, 90 Stat. 390, set out as a note under section 2652 of
Title 7, Agriculture.
-CITE-
16 USC Sec. 564, 565 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 564, 565. Repealed. Pub. L. 95-313, Sec. 16(a)(1), formerly
Sec. 13(a)(1), July 1, 1978, 92 Stat. 374; renumbered Sec.
16(a)(1), Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28,
1990, 104 Stat. 3525
-MISC1-
Section 564, act June 7, 1924, ch. 348, Sec. 1, 43 Stat. 653,
required cooperation between the Secretary of Agriculture and State
officials as to recommendations for forest fire prevention and
suppression systems.
Section 565, acts June 7, 1924, ch. 348, Sec. 2, 43 Stat. 653;
Mar. 3, 1925, ch. 447, 43 Stat. 1127; Apr. 13, 1926, ch. 119, 44
Stat. 242; Sept. 21, 1944, ch. 412, title II, Sec. 207, 58 Stat.
736; July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449, required
cooperation between the Secretary of Agriculture and State
officials in fire protection of timbered and forest-producing
lands.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95-313,
set out as an Effective Date note under section 2101 of this title.
-CITE-
16 USC Sec. 565a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 565a. Cooperation by Secretary of Agriculture with Territories
-STATUTE-
The Secretary of Agriculture is authorized to cooperate with the
Territories of the United States on the same terms and conditions
as with States under sections 564 and 565 (FOOTNOTE 1) of this
title.
(FOOTNOTE 1) See References in Text note below.
-SOURCE-
(Feb. 20, 1931, ch. 249, 46 Stat. 1200.)
-REFTEXT-
REFERENCES IN TEXT
Sections 564 and 565 of this title, referred to in text, were
repealed by Pub. L. 95-313, Sec. 13(a)(1), July 1, 1978, 92 Stat.
374.
-CITE-
16 USC Sec. 565a-1 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 565a-1. Cooperative agreements between Secretary of
Agriculture and public or private agencies, organizations,
institutions, and persons covering Forest Service programs;
authority; funding
-STATUTE-
To facilitate the administration of the programs and activities
of the Forest Service, the Secretary is authorized to negotiate and
enter into cooperative agreements with public or private agencies,
organizations, institutions, or persons to construct, operate, and
maintain cooperative pollution abatement equipment and facilities,
including sanitary landfills, water systems, and sewer systems; to
engage in cooperative manpower and job training and development
programs; to develop and publish cooperative environmental
education and forest history materials; and to perform forestry
protection, including fire protection, timber stand improvement,
debris removal, and thinning of trees. The Secretary may enter
into aforesaid agreements when he determines that the public
interest will be benefited and that there exists a mutual interest
other than monetary considerations. In such cooperative
arrangements, the Secretary is authorized to advance or reimburse
funds to cooperators from any Forest Service appropriation
available for similar kinds of work or by furnishing or sharing
materials, supplies, facilities, or equipment without regard to the
provisions of section 3324(a) and (b) of title 31, relating to the
advance of public moneys.
-SOURCE-
(Pub. L. 94-148, Sec. 1, Dec. 12, 1975, 89 Stat. 804.)
-COD-
CODIFICATION
''Section 3324(a) and (b) of title 31'' substituted in text for
''the Act of January 31, 1823 (Rev. Stat. 3648, as amended; 31
U.S.C. 529)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
-MISC3-
MUTUAL BENEFIT OF AGREEMENTS TO FOREST SERVICE AND OTHER PARTIES
Pub. L. 107-63, title III, Sec. 328, Nov. 5, 2001, 115 Stat. 470,
provided that: ''Until September 30, 2003, the authority of the
Secretary of Agriculture to enter into a cooperative agreement
under the first section of Public Law 94-148 (16 U.S.C. 565a-1) for
a purpose described in such section includes the authority to use
that legal instrument when the principal purpose of the resulting
relationship is to the mutually significant benefit of the Forest
Service and the other party or parties to the agreement, including
nonprofit entities.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 565a-2, 565a-3 of this
title.
-CITE-
16 USC Sec. 565a-2 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 565a-2. Federal employee status of cooperators
-STATUTE-
In any agreement authorized by section 565a-1 of this title,
cooperators and their employees may perform cooperative work under
supervision of the Forest Service in emergencies or otherwise as
mutually agreed to, but shall not be deemed to be Federal employees
other than for the purposes of chapter 171 of title 28 and chapter
81 of title 5.
-SOURCE-
(Pub. L. 94-148, Sec. 2, Dec. 12, 1975, 89 Stat. 804.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 565a-3 of this title.
-CITE-
16 USC Sec. 565a-3 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 565a-3. Agreements otherwise authorized by law
-STATUTE-
Nothing in sections 565a-1 to 565a-3 of this title shall be
construed as limiting or modifying the authority of the Secretary
to enter into cooperative agreements otherwise authorized by law.
-SOURCE-
(Pub. L. 94-148, Sec. 3, Dec. 12, 1975, 89 Stat. 804.)
-CITE-
16 USC Sec. 565b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 565b. Transfer of fire lookout towers and other improvements
for fire control to States, political subdivisions or agencies;
reversion
-STATUTE-
The Secretary of Agriculture is authorized, subject to such
conditions as he may prescribe, to transfer, without reimbursement
or at such prices and upon such terms as he may impose, to States
and political subdivisions or agencies thereof fire lookout towers
and other structures or improvements used by the Forest Service for
fire prevention or suppression purposes, and the land used in
connection therewith if such land is outside national forest
boundaries, when they are no longer needed by the Forest Service
for such purposes but are of value to the State or political
subdivision or agency thereof in its fire protection system:
Provided, That if any property so transferred is not put to use for
the purpose for which it was transferred within two years from the
date of transfer, or if, within fifteen years from the date of
transfer, any such property should cease to be used for the purpose
for which it was transferred for a period of two years, title
thereto shall revert to and immediately revest in the United
States.
-SOURCE-
(Pub. L. 85-464, Sec. 5, June 20, 1958, 72 Stat. 217.)
-CITE-
16 USC Sec. 566 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 566. Repealed. Pub. L. 95-313, Sec. 16(a)(1), formerly Sec.
13(a)(1), July 1, 1978, 92 Stat. 374; renumbered Sec. 16(a)(1),
Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104
Stat. 3525
-MISC1-
Section, acts June 7, 1924, ch. 348, Sec. 3, 43 Stat. 653; May 5,
1944, ch. 189, 58 Stat. 216; May 5, 1972, Pub. L. 92-288, Sec.
3(a), 86 Stat. 134, authorized expenditures by the Secretary of
Agriculture for study of effects of tax and other laws on forest
perpetuation, etc.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95-313,
set out as an Effective Date note under section 2101 of this title.
-CITE-
16 USC Sec. 566a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 566a. Repealed. Pub. L. 92-288, Sec. 3(b), May 5, 1972, 86
Stat. 134
-MISC1-
Section, act Oct. 26, 1949, ch. 735, Sec. 1, 63 Stat. 909,
provided for annual authorization of appropriations for carrying
out sections 564, 565, and 566 of this title, with maximum limits
for the fiscal years ending June 30, 1950 through June 30, 1954.
-CITE-
16 USC Sec. 566b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 566b. Annual appropriations; limitation on use of other funds
for the purposes of sections 564, 565, and 566 (FOOTNOTE 1)
-STATUTE-
(FOOTNOTE 1) See References in Text note below.
Notwithstanding any other provision of law, no funds heretofore
or hereafter authorized to be appropriated to the Department of
Agriculture or available under any other than the Act of June 7,
1924 (43 Stat. 653), shall be used for carrying out the programs or
activities authorized by sections 564, 565, and 566 (FOOTNOTE 1) of
this title: Provided, That whenever the programs and activities
being carried out under the provisions of sections 564, 565, and
566 (FOOTNOTE 1) of this title are inadequate to the needs and
purposes of programs and activities authorized by other law the use
of funds specifically authorized to be appropriated to the
Department of Agriculture or made available under other law shall
not be prohibited to the extent that the programs and activities
under said sections are inadequate to accomplish the purposes of
such other programs or activities.
-SOURCE-
(Oct. 26, 1949, ch. 735, Sec. 4, 63 Stat. 910.)
-REFTEXT-
REFERENCES IN TEXT
Act of June 7, 1924, referred to in text, is act June 7, 1924,
ch. 348, 43 Stat. 653, which is classified to sections 471, 499,
505, 515, 564, 565, 566, 567, 568, 569, and 570 of this title. For
complete classification of this Act to the Code, see Tables.
Sections 564, 565, and 566 of this title, referred to in text,
were repealed by Pub. L. 95-313, Sec. 13(a)(1), July 1, 1978, 92
Stat. 374.
-CITE-
16 USC Sec. 567 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 567. Repealed. Pub. L. 95-313, Sec. 16(a)(1), formerly Sec.
13(a)(1), July 1, 1978, 92 Stat. 374; renumbered Sec. 16(a)(1),
Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104
Stat. 3525
-MISC1-
Section, acts June 7, 1924, ch. 348, Sec. 4, 43 Stat. 654; Oct.
26, 1949, ch. 735, Sec. 2, 63 Stat. 909, required cooperation
between Secretary of Agriculture and States in procuring, etc.,
forest-tree seeds and plants.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95-313,
set out as an Effective Date note under section 2101 of this title.
-CITE-
16 USC Sec. 567a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 567a. Cooperation by Secretary of Agriculture with States in
acquisition and administration of State forests
-STATUTE-
For the purpose of stimulating the acquisition, development, and
proper administration and management of State forests and of
insuring coordinated effort by Federal and State agencies in
carrying out a comprehensive national program of forest-land
management, the Secretary of Agriculture is authorized to enter
into cooperative agreements with appropriate officials of any State
or States for acquiring in the name of the United States, by
purchase or otherwise, such forest lands within the cooperating
State as in his judgment the State is adequately prepared to
administer, develop, and manage as State forests in accordance with
the provisions of sections 567a to 567c of this title and with such
other terms not inconsistent therewith as he shall prescribe, such
acquisition to include the mapping, examination, appraisal, and
surveying of such lands and the doing of all things necessary to
perfect title thereto in the United States: Provided, That, since
it is the declared policy of Congress to maintain and, where it is
in the national interest to extend the national-forest system,
nothing herein shall be construed to modify, limit, or change in
any manner whatsoever the future ownership and administration by
the United States of existing national forests and related
facilities, or hereafter to restrict or prevent their extension
through the acquisition by purchase or otherwise of additional
lands for any national-forest purpose: Provided further, That
sections 567a to 567c of this title shall not be construed to limit
or repeal any legislation authorizing land exchanges by the Federal
Government, and private lands acquired by exchange within the
limits of any area subject to a cooperative agreement of the
character herein authorized shall hereafter be subject to the
provisions of sections 567a to 567c of this title.
-SOURCE-
(Aug. 29, 1935, ch. 808, Sec. 1, 49 Stat. 963.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 567b, 567c of this title.
-CITE-
16 USC Sec. 567b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 567b. Conditions and requirements for cooperation in
acquisition and management of State forests
-STATUTE-
No cooperative agreement shall be entered into or continued in
force under the authority of sections 567a to 567c of this title or
any land acquired hereunder turned over to the cooperating State
for administration, development, and management unless the State
concerned, as a consideration for the benefits extended to it
thereunder, complies in a manner satisfactory to the Secretary of
Agriculture with the following conditions and requirements which
shall constitute a part of every such agreement:
(a) In order to reduce the need for public expenditures in the
acquisition of lands which may be brought into public ownership
through the enforcement of appropriate tax delinquency laws, and,
by bringing about the handling of such lands upon a sound social
and economic basis, to terminate a system of indeterminate and
unsound ownership injurious to the private and public interest
alike, no additional lands shall be acquired within any State by
the United States under sections 567a to 567c of this title after
June 30, 1942, unless the State concerned has prior thereto
provided by law for the reversion of title to the State or a
political unit thereof of tax-delinquent lands and for blocking
into State or other public forests the areas which are more
suitable for public than private ownership, and which in the public
interest should be devoted primarily to the production of timber
crops and/or the maintenance of forests for watershed protection,
and for the enforcement of such law: Provided, That in the
administration of sections 567a to 567c of this title prior to June
30, 1942, preference will be given to States applying for
cooperation hereunder which provided by law for such reversion of
title under tax delinquency laws.
(b) In order to insure a stable and efficient organization for
the development and administration of the lands acquired under
sections 567a to 567c of this title, the State shall provide for
the employment of a State forester, who shall be a trained forester
of recognized standing.
(c) The Secretary of Agriculture and the appropriate authorities
of each cooperating State shall work out a mutually satisfactory
plan defining forest areas within the State which can be most
effectively and economically administered by said State, which plan
shall constitute a part of the cooperative agreement between the
United States and the State concerned: Provided, That nothing
herein shall be held to prevent the Secretary of Agriculture from
later agreeing with the proper State authorities to desirable
modifications in such plan.
(d) No payment of Federal funds shall be made for land selected
for purchase by the United States under sections 567a to 567c of
this title until such proposed purchase has been submitted to and
approved by the National Forest Reservation Commission created by
section 513 of this title.
(e) Subject to the approval of the National Forest Reservation
Commission, the Secretary of Agriculture is authorized to pay out
of any available money appropriated for carrying out the purposes
of sections 567a to 567c of this title any State, county, and/or
town taxes, exclusive of penalties, due or accrued on any forest
lands acquired by the United States under donations from the owners
thereof and which lands are to be included in a State or other
public forest pursuant to said sections.
(f) The State shall prepare such standards of forest
administration, development, and management as are necessary to
insure maximum feasible utility for timber production and watershed
protection, and are acceptable to the Secretary of Agriculture and
shall apply the same to lands acquired and placed under the
jurisdiction of the State pursuant to sections 567a to 567c of this
title.
(g) That with the exception of such Federal expenditures as may
be made for unemployment relief, the State shall pay without
assistance from the Federal Government the entire future cost of
administering, developing, and managing all forest lands acquired
and over which it has been given jurisdiction under sections 567a
to 567c of this title.
(h) During the period any cooperative agreement made under
sections 567a to 567c of this title remains in force, one-half of
the gross proceeds from all lands covered by said agreement and to
which the United States holds title shall be paid by the State to
the United States and covered into the Treasury. All such payments
shall be credited to the purchase price the State is to pay the
United States for said land, such purchase price to be an amount
equal to the total sum expended by the United States in acquiring
said lands. Upon payments of the full purchase price, either as
herein provided or otherwise, title to said lands shall be
transferred from the Federal Government to the State, and the
Secretary of Agriculture is authorized to take such action and
incur such expenditures, as may be necessary to effectuate such
transfer.
(i) Upon the request of the State concerned, any agreement made
pursuant to sections 567a to 567c of this title may be terminated
by the Secretary of Agriculture. The Secretary of Agriculture may,
with the consent and approval of the National Forest Reservation
Commission, after due notice given the State and an opportunity for
hearing by said Commission, terminate any such agreement for
violations of its terms and/or the provisions of said sections of
this title. If such agreement is terminated, the United States
shall reimburse the State for so much of the State funds as have
been expended in the administration, development, and management of
the lands involved as the Secretary of Agriculture may decide to be
fair and equitable.
(j) The State shall furnish the Secretary of Agriculture with
such annual, periodic, or special reports as he may require
respecting the State's operations under its agreement with him.
(k) When a State or political unit thereof acquires under tax
delinquency laws title to forest lands without cost to the United
States and which lands are included within a State or other public
forest, the Secretary of Agriculture, on behalf of the Federal
Government, may contribute annually out of any funds made available
under sections 567a to 567c of this title not to exceed one-half
the cost of administering, developing, and managing said lands.
-SOURCE-
(Aug. 29, 1935, ch. 808, Sec. 2, 49 Stat. 963.)
-REFTEXT-
REFERENCES IN TEXT
The National Forest Reservation Commission, referred to in
subsecs. (d), (e), and (i), was created by section 4 of act Mar. 1,
1911 (16 U.S.C. 513). Section 4 of the 1911 Act was repealed, and
all functions of the National Forest Reservation Commission were
transferred to the Secretary of Agriculture, by section 17(a)(1) of
Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2961.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 567a, 567c of this title.
-CITE-
16 USC Sec. 567c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 567c. Authorization of appropriation for cooperation in
acquisition and management of State forests
-STATUTE-
For the purposes of sections 567a to 567c of this title, there is
authorized to be appropriated, a sum or sums out of any money in
the Treasury not otherwise appropriated, not to exceed $5,000,000,
as Congress may from time to time appropriate.
-SOURCE-
(Aug. 29, 1935, ch. 808, Sec. 3, 49 Stat. 965.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 567a, 567b of this title.
-CITE-
16 USC Sec. 568 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 568. Cooperation by Secretary of Agriculture with States in
establishing, etc., wood lots, shelter belts, windbreaks, etc.;
limitation on expenditure; authorization of appropriations
-STATUTE-
The Secretary of Agriculture is authorized and directed, in
cooperation with the land grant colleges and universities of the
various States or, in his discretion, with other suitable State
agencies, to aid farmers through advice, education, demonstrations,
and other similar means in establishing, renewing, protecting, and
managing wood lots, shelter belts, windbreaks, and other valuable
forest growth, and in harvesting, utilizing, and marketing the
products thereof. Except for preliminary investigations, the
amount expended by the Federal Government under this section in
cooperation with any State or other cooperating agency during any
fiscal year shall not exceed the amount expended by the State or
other cooperating agency for the same purpose during the same
fiscal year, and the Secretary of Agriculture is authorized to make
expenditures on the certificate of the appropriate State official
that the State expenditures, as provided for in this section, have
been made. There is authorized to be appropriated annually out of
any money in the Treasury not otherwise appropriated, not more than
$500,000 to enable the Secretary of Agriculture to carry out the
provisions of this section.
-SOURCE-
(June 7, 1924, ch. 348, Sec. 5, 43 Stat. 654; Oct. 26, 1949, ch.
735, Sec. 3, 63 Stat. 910.)
-MISC1-
AMENDMENTS
1949 - Act Oct. 26, 1949, enlarged and clarified the
Federal-State educational program with small forest-land owners,
and increased the annual appropriations from $100,000 to $500,000.
FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER
30, 1976, DEEMED FISCAL YEAR FOR PURPOSES OF MATCHING REQUIREMENTS
Fiscal year transition period of July 1, 1976, through Sept. 30,
1976, deemed fiscal year for purposes of this section relating to
matching requirements, see section 202(2) of Pub. L. 94-274, Apr.
21, 1976, 90 Stat. 392, set out as a note under section 2652 of
Title 7, Agriculture.
CONTRIBUTIONS BY STATES, ETC.
Section 208 of act Sept. 21, 1944, ch. 412, title II, 58 Stat.
736, provided: ''No part of any appropriation which is available
for carrying out the Cooperative Farm Forestry Act (16 U.S.C. 568b)
(repealed) and sections 4 and 5 of the Clarke-McNary Act (16 U.S.C.
567 (repealed), 568) shall be expended in any State or Territory
unless the State or Territory, or local subdivision thereof, or
individuals, or associations contribute a sum equal to that to be
allotted therefrom by the Government or make contributions other
than money deemed by the Secretary to be the value equivalent
thereof.''
APPROPRIATIONS AVAILABLE FOR 3 YEARS
Section 209 of act Sept. 21, 1944, ch. 412, title II, 58 Stat.
737, provided: ''Appropriations for carrying out the Cooperative
Farm Forestry Act (16 U.S.C. 568b) (repealed) and sections 4 and 5
of the Clarke-McNary Act (16 U.S.C. 567 (repealed), 568) and Acts
supplementary thereto allocated for the production or procurement
of nursery stock by any Federal agency, or funds appropriated to
any Federal agency for allocation to cooperating States for the
production or procurement of nursery stock, shall remain available
for expenditure for not more than three fiscal years.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 527, 566b, 568a of this
title.
-CITE-
16 USC Sec. 568a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 568a. Cooperation by Secretary of Agriculture with Territories
and other possessions
-STATUTE-
The Secretary of Agriculture is authorized to cooperate with
Territories and other possessions of the United States on the same
terms and conditions as with States under sections 566, 567,
(FOOTNOTE 1) and 568 of this title.
(FOOTNOTE 1) See References in Text note below.
-SOURCE-
(Apr. 13, 1926, ch. 134, 44 Stat. 250.)
-REFTEXT-
REFERENCES IN TEXT
Sections 566 and 567 of this title, referred to in text, were
repealed by Pub. L. 95-313, Sec. 13(a)(1), July 1, 1978, 92 Stat.
374.
-CITE-
16 USC Sec. 568b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 568b. Repealed. Aug. 25, 1950, ch. 781, Sec. 3, 64 Stat. 473,
eff. June 30, 1951
-MISC1-
Section, act May 18, 1937, ch. 226, 50 Stat. 188, related to
cooperation by Secretary of Agriculture in development of farm
forestry in States and Territories. This section was known as the
''Cooperative Farm Forestry Act''.
-CITE-
16 USC Sec. 568c to 568e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 568c to 568e. Repealed. Pub. L. 95-313, Sec. 16(a)(4), (5),
formerly Sec. 13(a)(4), (5), July 1, 1978, 92 Stat. 374;
renumbered Sec. 16(a)(4), (5), Pub. L. 101-624, title XII, Sec.
1215(1), Nov. 28, 1990, 104 Stat. 3525
-MISC1-
Section 568c, acts Aug. 25, 1950, ch. 781, Sec. 1, 64 Stat. 473;
May 5, 1972, Pub. L. 92-288, Sec. 1, 86 Stat. 134, required
cooperation between Secretary of Agriculture and State officials in
providing technical services to private landowners, etc.
Section 568d, acts Aug. 25, 1950, ch. 781, Sec. 2, 64 Stat. 473;
Sept. 25, 1962, Pub. L. 87-680, 76 Stat. 569; May 5, 1972, Pub. L.
92-288, Sec. 2, 86 Stat. 134, set forth funding requirements for
cooperative forest management programs involving private
landowners, etc.
Section 568e, act May 28, 1956, ch. 327, title IV, Sec. 401, 70
Stat. 207, set forth provisions relating to assistance to States
for tree planting and reforestation through the Secretary of
Agriculture.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95-313,
set out as an Effective Date note under section 2101 of this title.
SHORT TITLE
Section 4 of act Aug. 25, 1950, setting forth the popular name of
the act of Aug. 25, 1950, as the ''Cooperative Forest Management
Act,'' was repealed by Pub. L. 95-313, Sec. 16(a)(4), formerly Sec.
13(a)(4), July 1, 1978, 92 Stat. 374, renumbered Sec. 16(a)(4),
Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104 Stat.
3525.
-CITE-
16 USC Sec. 568f, 568g 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 568f, 568g. Omitted
-COD-
CODIFICATION
Section 568f, act May 28, 1956, ch. 327, title IV, Sec. 402, 70
Stat. 208, required the Secretary of Agriculture to make a study of
price trends and relationships for basic forest products and submit
a report to the Congress within one year from May 28, 1956.
Section 568g, act May 28, 1956, ch. 327, title IV, Sec. 403, as
added Aug. 28, 1958, Pub. L. 85-829, 72 Stat. 986, which provided
that as used in section 568e of this title, the term ''State''
included the Territory of Hawaii, is obsolete in view of the repeal
of section 568e of this title by Pub. L. 95-313, Sec. 13(a)(5),
July 1, 1978, 92 Stat. 374.
-CITE-
16 USC Sec. 569 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 569. Donations to United States of lands for timber purposes
-STATUTE-
To enable owners of lands chiefly valuable for the growing of
timber crops to donate or devise such lands to the United States in
order to assure future timber supplies for the agricultural and
other industries of the State or for other national forest
purposes, the Secretary of Agriculture is authorized, in his
discretion, to accept on behalf of the United States title to any
such land so donated or devised, subject to such reservations by
the donor of the present stand of merchantable timber or of mineral
or other rights for a period not exceeding twenty years as the
Secretary of Agriculture may find to be reasonable and not
detrimental to the purposes of this section, and to pay out of any
moneys appropriated for the general expenses of the Forest Service
the cost of recording deeds or other expenses incident to the
examination and acceptance of title. Any lands to which title is
so accepted shall be in units of such size or so located as to be
capable of economical administration as national forests either
separately or jointly with other lands acquired under this section,
or jointly with an existing national forest. All lands to which
title is accepted under this section shall, upon acceptance of
title, become national forest lands, subject to all laws applicable
to lands acquired under the Act of March 1, 1911, and amendments
thereto. In the sale of timber from national forest lands acquired
under this section preference shall be given to applicants who will
furnish the products desired therefrom to meet the necessities of
citizens of the United States engaged in agriculture in the States
in which such national forest is situated. All property, rights,
easements, and benefits authorized by this section to be retained
by or reserved to owners of lands donated or devised to the United
States shall be subject to the tax laws of the States where such
lands are located.
-SOURCE-
(June 7, 1924, ch. 348, Sec. 7, 43 Stat. 654.)
-REFTEXT-
REFERENCES IN TEXT
Act of March 1, 1911, referred to in text, is act Mar. 1, 1911,
ch. 186, 36 Stat. 961, as amended, popularly known as the Weeks
Law, which is classified to sections 480, 500, 513 to 519, 521,
552, and 563 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 552 of
this title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 527, 566b, 582 of this
title.
-CITE-
16 USC Sec. 570 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 570. Ascertainment by Secretary of Agriculture of public lands
valuable for stream-flow protection and report thereof
-STATUTE-
The Secretary of Agriculture is authorized to ascertain and
determine the location of public lands chiefly valuable for
stream-flow protection or for timber production, which can be
economically administered as parts of national forests, and to
report his findings to the National Forest Reservation Commission
established under the Act of March 1, 1911, and if the commission
shall determine that the administration of said lands by the
Federal Government will protect the flow of streams used for
navigation or for irrigation, or will promote a future timber
supply, the President shall lay the findings of the commission
before the Congress of the United States.
-SOURCE-
(June 7, 1924, ch. 348, Sec. 8, 43 Stat. 655.)
-REFTEXT-
REFERENCES IN TEXT
The National Forest Reservation Commission, referred to in text,
was established under section 4 of Act Mar. 1, 1911 (16 U.S.C.
513). Section 4 of the 1911 act was repealed, and all functions of
the National Forest Reservation Commission were transferred to the
Secretary of Agriculture, by section 17(a)(1) of Pub. L. 94-588,
Oct. 22, 1976, 90 Stat. 2961.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 527, 566b of this title.
-CITE-
16 USC Sec. 571 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 571. Repealed. Apr. 24, 1950, ch. 97, Sec. 17(a), 64 Stat. 87
-MISC1-
Section, act Mar. 3, 1925, ch. 457, Sec. 2, 43 Stat. 1132,
related to construction of buildings for national forest purposes.
-CITE-
16 USC Sec. 571a, 571b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 571a, 571b. Omitted
-COD-
CODIFICATION
Section 571a, Pub. L. 85-77, title II, July 1, 1957, 71 Stat.
270, which related to maximum allowance on construction costs, was
from the Department of the Interior and Related Agencies
Appropriations Act, 1958, and was not repeated in subsequent
appropriation acts.
Section 571b, Pub. L. 85-439, title II, June 4, 1958, 72 Stat.
167, which related to maximum allowance for building improvements,
was from the Department of the Interior and Related Agencies
Appropriation Act, 1959, and was not repeated in subsequent
appropriation acts.
-MISC3-
PRIOR PROVISIONS
Provisions similar to former section 571a of this title were
carried in following prior appropriation acts:
June 13, 1956, ch. 380, title II, 70 Stat. 268.
June 16, 1955, ch. 147, title II, 69 Stat. 153.
June 29, 1954, ch. 409, title I, 68 Stat. 307.
July 28, 1953, ch. 251, title I, 67 Stat. 211.
July 5, 1952, ch. 574, title I, 66 Stat. 342.
Aug. 31, 1951, ch. 374, title I, 65 Stat. 232.
Sept. 6, 1950, ch. 896, Ch. VI, title I, 64 Stat. 665.
June 29, 1949, ch. 280, title I, 63 Stat. 337.
June 19, 1948, ch. 543, 62 Stat. 520.
July 30, 1947, ch. 356, title I, 61 Stat. 523.
June 22, 1946, ch. 445, 60 Stat. 283.
May 5, 1945, ch. 109, 59 Stat. 149.
June 28, 1944, ch. 296, 58 Stat. 442.
July 12, 1943, ch. 215, 57 Stat. 411.
July 22, 1942, ch. 516, 56 Stat. 679.
July 1, 1941, ch. 267, 55 Stat. 421.
June 25, 1940, ch. 421, 54 Stat. 545.
June 30, 1939, ch. 253, title I, 53 Stat. 954.
Provisions similar to former section 571b of this title were
contained in the following prior appropriation acts:
July 1, 1957, Pub. L. 85-77, title II, 71 Stat. 270.
June 13, 1956, ch. 380, title II, 70 Stat. 268.
June 16, 1955, ch. 147, title II, 69 Stat. 153.
June 29, 1954, ch. 409, title I, 68 Stat. 309.
July 28, 1953, ch. 251, title I, 67 Stat. 213.
July 5, 1952, ch. 574, title I, 66 Stat. 343.
Aug. 31, 1951, ch. 374, title I, 65 Stat. 233.
Sept. 6, 1950, ch. 896, Ch. VI, title I, 64 Stat. 667.
June 29, 1949, ch. 280, title I, 63 Stat. 339.
June 19, 1948, ch. 543, 62 Stat. 520.
July 30, 1947, ch. 356, title I, 61 Stat. 523.
June 22, 1946, ch. 445, 60 Stat. 283.
May 5, 1945, ch. 109, 59 Stat. 152.
-CITE-
16 USC Sec. 571c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 571c. Erection of permanent facilities on land not owned by
United States; long term leases
-STATUTE-
Notwithstanding the provisions of existing law and without regard
to sections 3111 and 3112 of title 40, but within the limitations
of cost otherwise applicable, appropriations of the Forest Service
may be expended for the erection of buildings, lookout towers, and
other structures on land owned by States, counties, municipalities,
or other political subdivisions, corporations, or individuals:
Provided, That prior to such erection there is obtained the right
to use the land for the estimated life of or need for the
structure, including the right to remove any such structure within
a reasonable time after the termination of the right to use the
land.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 1, 64 Stat. 82.)
-COD-
CODIFICATION
''Sections 3111 and 3112 of title 40'' substituted in text for
''section 355, Revised Statutes, as amended (40 U.S.C. 255)'' on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 572 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 572. Cooperation between Secretary of Agriculture and public
or private agencies in working land under State or private
ownership
-STATUTE-
(a) Payment of expenses by interested parties; work contemplated
The Secretary of Agriculture is authorized, where the public
interest justifies, to cooperate with or assist public and private
agencies, organizations, institutions, and persons in performing
work on land in State, county, municipal, or private ownership,
situated within or near a national forest, for which the
administering agency, owner, or other interested party deposits in
one or more payments a sufficient sum to cover the total estimated
cost of the work to be done for the benefit of the depositor, for
administration, protection, improvement, reforestation, and such
other kinds of work as the Forest Service is authorized to do on
lands of the United States: Provided, That the United States shall
not be liable to the depositor or land-owner for any damage
incident to the performance of such work.
(b) Cooperation where national forests or lands are used by
permittees
Cooperation and assistance on the same basis as that authorized
in subsection (a) of this section is authorized also in the
performance of any such kinds of work in connection with the
occupancy or use of the national forests or other lands
administered by the Forest Service.
(c) Disposition and availability of moneys; advancements;
adjustments
Moneys deposited under this section shall be covered into the
Treasury and shall constitute a special fund, which is made
available until expended for payment of the cost of work performed
by the Forest Service and for refunds to depositors of amounts
deposited by them in excess of their share of said cost: Provided,
That when deposits are received for a number of similar types of
work on adjacent or overlapping areas, or on areas which in the
aggregate are determined to cover a single work unit, they may be
expended on such combined areas for the purposes for which
deposited, in which event refunds to the depositors of the total
amount of the excess deposits involved will be made on a
proportionate basis: Provided further, That when so provided by
written agreement payment for work undertaken pursuant to this
section may be made from any Forest Service appropriation available
for similar types of work, and reimbursement received from said
agencies, organizations, institutions, or persons covering their
proportionate share of the cost and the funds received as
reimbursement shall be deposited to the credit of the Forest
Service appropriation from which initially paid or to
appropriations for similar purposes currently available at the time
of deposit: Provided further, That when by the terms of a written
agreement either party thereto furnishes materials, supplies,
equipment, or services for fire emergencies in excess of its
proportionate share, adjustment may be made by reimbursement or by
replacement in kind of supplies, materials, and equipment consumed
or destroyed in excess of the furnishing party's proportionate
share.
-SOURCE-
(Mar. 3, 1925, ch. 457, Sec. 1, 43 Stat. 1132; Apr. 24, 1950, ch.
97, Sec. 5, 64 Stat. 83.)
-MISC1-
AMENDMENTS
1950 - Act Apr. 24, 1950, amended section generally to broaden
the authority to permit performance of various kinds of work by the
Forest Service, at the expense of interested parties, on national
forests and other related lands.
APPROPRIATIONS
Appropriation of all moneys received as contributions toward
cooperative work under this section was made by acts Jan. 18, 1927,
ch. 39, 44 Stat. 991; Mar. 26, 1934, ch. 89, 48 Stat. 483.
TRUST FUNDS
Classification as trust funds, appropriation and disbursement of
funds appearing on books of Government as ''Cooperative work,
Forest Service,'' see section 1321 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 572a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 572a. Deposits from timber purchasers to defray cost of
scaling services
-STATUTE-
The Forest Service may accept money from timber purchasers for
deposit into the Treasury in the trust account, ''Forest Service
cooperative fund'', which moneys are made available for scaling
services requested by purchasers in addition to those required by
the Forest Service, and for refunds of amounts deposited in excess
of the cost of such work.
-SOURCE-
(Sept. 21, 1944, ch. 412, title II, Sec. 210, 58 Stat. 737.)
-COD-
CODIFICATION
Section was enacted as a part of the Department of Agriculture
Organic Act of 1944.
-CITE-
16 USC Sec. 573 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 573. Repealed. Apr. 24, 1950, ch. 97, Sec. 17(a), 64 Stat. 87
-MISC1-
Section, act May 27, 1930, ch. 337, Sec. 1, 46 Stat. 387, related
to water supply and sanitary systems.
-CITE-
16 USC Sec. 574 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 574. Damages caused private property in protection,
administration, and improvement of national forests;
reimbursement
-STATUTE-
The Secretary of Agriculture is authorized to reimburse owners of
private property for damage or destruction thereof caused by
employees of the United States in connection with the protection,
administration, or improvement of the national forests, payment to
be made from any funds appropriated for the protection,
administration, and improvement of the national forests: Provided,
That no payment in excess of $2,500 shall be made on any such
claim.
-SOURCE-
(May 27, 1930, ch. 337, Sec. 2, 46 Stat. 387; Pub. L. 87-869, Sec.
8, Oct. 23, 1962, 76 Stat. 1157.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-869 increased from $500 to $2,500 the
authorization for reimbursement of owners of private property for
damages caused in protection, administration, and improvement of
national forests.
-CITE-
16 USC Sec. 575 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 575. Search for lost persons, and transportation of sick,
injured, or dead persons, within national forests;
authorization to incur expense
-STATUTE-
The Secretary of Agriculture is authorized in cases of emergency
to incur such expenses as may be necessary in searching for persons
lost in the national forests and in transporting persons seriously
ill, injured, or who die within the national forests to the nearest
place where the sick or injured person, or the body, may be
transferred to interested parties or local authorities.
-SOURCE-
(May 27, 1930, ch. 337, Sec. 3, 46 Stat. 387.)
-CITE-
16 USC Sec. 576 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 576. Reforestation; establishment of forest tree nurseries;
tree planting; seed sowing and forest improvement work
-STATUTE-
The Secretary of Agriculture is authorized to establish forest
tree nurseries and do all other things needful in preparation for
planting on national forests on the scale possible under the
appropriations authorized by section 576a of this title: Provided,
That nothing in this section shall be deemed to restrict the
authority of the said Secretary under other authority of law.
-SOURCE-
(June 9, 1930, ch. 416, Sec. 1, 46 Stat. 527.)
-MISC1-
SHORT TITLE
The act of June 9, 1930, ch. 416, 46 Stat. 527, as amended, which
is classified to sections 576 to 576b of this title, is popularly
known as the ''Knutson-Vandenberg Act''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 500 of this title.
-CITE-
16 USC Sec. 576a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 576a. Authorization of appropriation for reforestation
-STATUTE-
There is authorized to be appropriated for each fiscal year after
year ending June 30, 1934, not to exceed $400,000, to enable the
Secretary of Agriculture to establish and operate nurseries, to
collect or to purchase tree seed or young trees, to plant trees,
and to do all other things necessary for reforestation by planting
or seeding national forests and for the additional protection,
care, and improvement of the resulting plantations or young growth.
-SOURCE-
(June 9, 1930, ch. 416, Sec. 2, 46 Stat. 527.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 500, 576 of this title.
-CITE-
16 USC Sec. 576b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 576b. Purchasers of national-forest timber; deposits of money
in addition to payments for timber; use of deposits; seedlings
and young trees for burned-over areas in national parks
-STATUTE-
The Secretary of Agriculture may, when in his judgment such
action will be in the public interest, require any purchaser of
national-forest timber to make deposits of money in addition to the
payments for the timber, to cover the cost to the United States of
(1) planting (including the production or purchase of young trees),
(2) sowing with tree seeds (including the collection or purchase of
such seeds), (3) cutting, destroying, or otherwise removing
undesirable trees or other growth, on the national-forest land cut
over by the purchaser, in order to improve the future stand of
timber, or (4) protecting and improving the future productivity of
the renewable resources of the forest land on such sale area,
including sale area improvement operations, maintenance and
construction, reforestation and wildlife habitat management. Such
deposits shall be covered into the Treasury and shall constitute a
special fund, which is appropriated and made available until
expended, to cover the cost to the United States of such tree
planting, seed sowing, and forest improvement work, as the
Secretary of Agriculture may direct: Provided, That any portion of
any deposit found to be in excess of the cost of doing said work
shall, upon the determination that it is so in excess, be
transferred to miscellaneous receipts, forest reserve fund, as a
national-forest receipt of the fiscal year in which such transfer
is made: Provided further, That the Secretary of Agriculture is
authorized, upon application of the Secretary of the Interior, to
furnish seedlings and/or young trees for replanting of burned-over
areas in any national park.
-SOURCE-
(June 9, 1930, ch. 416, Sec. 3, 46 Stat. 527; Pub. L. 94-588, Sec.
18, Oct. 22, 1976, 90 Stat. 2962.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-588 struck out ''or'' before ''(3)'' and
substituted '', or (4) protecting and improving the future
productivity of the renewable resources of the forest land on such
sale area, including sale area improvement operations, maintenance
and construction, reforestation and wildlife habitat management''
for '': Provided, That the total amount so required to be deposited
by any purchaser shall not exceed, on an acreage basis, the average
cost of planting (including the production or purchase of young
trees) other comparable national-forest lands during the previous
three years''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 500 of this title.
-CITE-
16 USC Sec. 576c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 576c. Supplemental National Forest Reforestation Fund;
establishment; duration; authorization of appropriations
-STATUTE-
Notwithstanding any other provision of law, the Secretary of
Agriculture shall establish a ''Supplemental National Forest
Reforestation Fund'', and transfer to that fund beginning with the
fiscal year, commencing July 1, 1972, and ending on September 30,
1987, such amounts as may be appropriated therefor. There is
hereby authorized to be appropriated for such purpose for each of
the fiscal years during such period the sum of $65,000,000.
-SOURCE-
(Pub. L. 92-421, Sec. 1, Sept. 18, 1972, 86 Stat. 678; Pub. L.
94-273, Sec. 2(9), Apr. 21, 1976, 90 Stat. 375.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-273 substituted ''September'' for ''June''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 576d of this title.
-CITE-
16 USC Sec. 576d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 576d. Expenditure of Supplemental National Forest
Reforestation Fund moneys; availability of moneys from other
sources unaffected
-STATUTE-
Moneys transferred to the National Forest Reforestation Fund
under the provisions of sections 576c to 576e (FOOTNOTE 1) of this
title shall be available to the Secretary of Agriculture, for
expenditure upon appropriation, for the purpose of supplementing
programs of tree planting and seeding of national forest lands
determined by the Secretary to be in need of reforestation. Such
moneys shall be available until expended, and shall be provided
without prejudice to appropriations or funds available from other
sources for the same purposes, including those available pursuant
to section 576b of this title.
(FOOTNOTE 1) See References in Text note below.
-SOURCE-
(Pub. L. 92-421, Sec. 2, Sept. 18, 1972, 86 Stat. 678.)
-REFTEXT-
REFERENCES IN TEXT
Section 576e of this title, referred to in text, was repealed by
Pub. L. 96-470, title I, Sec. 102(b), Oct. 19, 1980, 94 Stat. 2237.
-CITE-
16 USC Sec. 576e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 576e. Repealed. Pub. L. 96-470, title I, Sec. 102(b), Oct. 19,
1980, 94 Stat. 2237
-MISC1-
Section, Pub. L. 92-421, Sec. 3, Sept. 18, 1972, 86 Stat. 678,
required Secretary of Agriculture to provide, within one year after
Sept. 18, 1972, a report to Congress setting forth scope of total
national forest reforestation needs and a planned program for
reforesting such lands, including a description of extent to which
funds authorized by sections 576c to 576e of this title were to be
applied and to annually thereafter make a report to Congress on use
of funds authorized by sections 576c to 576e of this title and
progress toward completion of the planned national forest
reforestation program.
-CITE-
16 USC Sec. 577 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577. Public lands in northern Minnesota; withdrawal from entry
and appropriation
-STATUTE-
All public lands of the United States situated north of township
60 north in the Counties of Cook and Lake, State of Minnesota,
including the natural shore lines of Lake Superior within such
area; all public lands of the United States situated in that part
of St. Louis County, State of Minnesota, lying north of a line
beginning at the northeast corner of Township 63 north, Range 12
west, 4th P. M., thence westerly along the township line to the
southwest corner of Township 64 north, Range 18 west, 4th P. M.,
thence northerly to the northwest corner of Township 65 north,
Range 18 west, 4th P. M., thence westerly to the southwest corner,
Township 66 north, Range 21 west, 4th P. M., thence northerly along
the Township line to its intersection with the international
boundary between the United States and the Dominion of Canada; all
public lands of the United States on the shore lines of the lakes
and streams forming the international boundary, so far as such
lands lie within the areas heretofore described in this section;
all public lands of the United States in that part of the Superior
National Forest located in Townships 61 and 62, Ranges 12 and 13
west, 4th P. M.; and all public lands of the United States on the
shore lines of Burntside Lake and Lake Vermilion, State of
Minnesota, are withdrawn from all forms of entry or appropriation
under the public land laws of the United States, subject to prior
existing legal rights initiated under the public land laws, so long
as such claims are maintained as required by the applicable law or
laws and subject to such permits and licenses as may be granted or
issued by the Department of Agriculture under laws or regulations
generally applicable to national forests.
-SOURCE-
(July 10, 1930, ch. 881, Sec. 1, 46 Stat. 1020.)
-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in text, are classified
generally to Title 43, Public Lands.
-MISC2-
SHORT TITLE
The act of July 10, 1930, ch. 881, 46 Stat. 1020, which is
classified to sections 577 to 577b of this title, is popularly
known as the ''Shipstead-Nolan Act''.
-TRANS-
TRANSFER OF FUNCTIONS
Functions of all officers, agencies, and employees of Department
of Agriculture transferred, with certain exceptions, to Secretary
of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4,
1953, 18 FR 3219, 67 Stat. 633, set out in the Appendix to Title 5,
Government Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577c, 577f, 1133 of this
title.
-CITE-
16 USC Sec. 577a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577a. Conserving shore line beauty for recreational use of
public lands in northern Minnesota; regulation of logging
-STATUTE-
The principle of conserving the natural beauty of shore lines for
recreational use shall apply to all Federal lands which border upon
any boundary lake or stream contiguous to this area, or any other
lake or stream within this area which is now or eventually to be in
general use for boat or canoe travel, and that for the purpose of
carrying out this principle logging of all such shores to a depth
of four hundred feet from the natural water line is forbidden
except as the Forest Service of the Department of Agriculture may
see fit in particular instances to vary the distance for practical
reasons: Provided, That in no case shall logging of any timber
other than diseased, insect infested, dying, or dead be permitted
closer to the natural shore line than two hundred feet, except
where necessary to open areas for banking grounds, landings, and
other uses connected with logging operations.
-SOURCE-
(July 10, 1930, ch. 881, Sec. 2, 46 Stat. 1021.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions of all officers, agencies, and employees of Department
of Agriculture transferred, with certain exceptions, to Secretary
of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4,
1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title
5, Government Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577b, 577c, 577f, 1133 of
this title.
-CITE-
16 USC Sec. 577b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577b. Preserving water level of lakes and streams of public
lands in northern Minnesota; reservoirs; water power
-STATUTE-
In order to preserve the shore lines, rapids, waterfalls,
beaches, and other natural features of the region in an unmodified
state of nature, no further alteration of the natural water level
of any lake or stream within or bordering upon the designated area
shall be authorized by any permit, license, lease, or other
authorization granted by any official or commission of the United
States, which will result in flooding lands of the United States
within or immediately adjacent to the Superior National Forest,
unless and until specific authority for granting such permit,
license, lease, or other authorization shall have first been
obtained by special Act from the Congress of the United States
covering each such project: Provided, That nothing in this section
shall be construed as interfering with the duties of the
International Joint Commission created pursuant to the convention
concerning the boundary waters between the United States and Canada
and concluded between the United States and Great Britain on
January 11, 1909, and action taken or to be taken in accordance
with provisions of the convention, protocol, and agreement between
the United States and Canada, which were signed at Washington on
February 24, 1925, for the purpose of regulating the levels of the
Lake of the Woods: Provided, That with the written approval and
consent of the Forest Service of the Department of Agriculture,
reservoirs not exceeding one hundred acres in area may be
constructed and maintained for the transportation of logs or in
connection with authorized recreational uses of national-forest
lands, and maximum water levels not higher than the normal
high-water mark may be maintained temporarily where essential
strictly for logging purposes, in the streams between lakes by the
construction and operation of small temporary dams: Provided,
however, That nothing herein shall be construed to prevent the
Secretary of Agriculture from listing for homestead entry under the
provisions of the Act of June 11, 1906 (34 Stat. 233), any of the
above-described lands found by him to be chiefly valuable for
agriculture and not needed for public purposes: Provided further,
That the provisions of this section shall not apply to any proposed
development for water-power purposes for which an application for
license was pending under the terms of the Federal Power Act (16
U.S.C. 791a et seq.) on or before January 1, 1928.
-SOURCE-
(July 10, 1930, ch. 881, Sec. 3, 46 Stat. 1021.)
-REFTEXT-
REFERENCES IN TEXT
Act of June 11, 1906 (34 Stat. 233), referred to in text, which
was classified to sections 506 to 508 and 509 of this title, was
repealed by Pub. L. 87-869, Sec. 4, Oct. 23, 1962, 76 Stat. 1157.
The Federal Power Act, referred to in text, was in the original
the ''Federal Water Power Act'', which was redesignated the Federal
Power Act by section 791a of this title. The Federal Power Act is
act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and is
classified generally to chapter 12 (Sec. 791a et seq.) of this
title. For complete classification of this Act to the Code, see
section 791a of this title and Tables.
-TRANS-
TRANSFER OF FUNCTIONS
Functions of all officers, agencies, and employees of Department
of Agriculture transferred, with certain exceptions, to Secretary
of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4,
1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title
5, Government Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577c, 1133 of this title.
-CITE-
16 USC Sec. 577c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577c. Acquisition of additional lands in northern Minnesota
-STATUTE-
To protect and administer more effectively the publicly owned
lands within certain parts of the area described in section 577 of
this title, and to accomplish certain public purposes explicit and
implicit in sections 577a and 577b of this title, the Secretary of
Agriculture is authorized and directed to acquire any lands or
interest in lands, and appurtenances thereto, situated within the
area described in section 577d of this title, where in his opinion
development or exploitation, or the potentialities for development
or exploitation, impair or threaten to impair the unique qualities
and natural features of the remaining wilderness canoe country.
-SOURCE-
(June 22, 1948, ch. 593, Sec. 1, 62 Stat. 568; Pub. L. 87-351, Oct.
4, 1961, 75 Stat. 772.)
-MISC1-
AMENDMENTS
1961 - Pub. L. 87-351 removed the restriction on condemnation of
contiguous tracts of land in one ownership, not exceeding five
hundred acres in the aggregate, if the lands were encumbered with
structures of a permanent type suitable for human occupancy and if
the owners thereof filed written objections before expiration of
the time for answering the petition in the proceedings.
SHORT TITLE
The act of June 22, 1948, ch. 593, 62 Stat. 568, as amended,
which is classified to sections 577c, 577d, and 577e to 577h of
this title, is popularly known as the ''Thye-Blatnik Act''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577d, 577d-1, 577e, 577h,
1133 of this title.
-CITE-
16 USC Sec. 577d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577d. Boundary limits of additional lands acquired in northern
Minnesota
-STATUTE-
The authority granted in section 577c of this title shall be
supplemental to the authority granted by existing Acts relating to
the acquisition of lands for national-forest purposes and shall not
be deemed as repealing any portions of those Acts except as
provided hereinafter; and said supplemental authority granted by
section 577c of this title, but not the authority granted by
existing Acts, shall be confined to the following described areas
in Cook, Lake, and Saint Louis Counties, State of Minnesota:
Township 63 north, range 2 west, fourth principal meridian,
sections 5 to 8, inclusive.
Township 63 north, range 3 west, fourth principal meridian,
sections 1 to 12, inclusive.
Township 63 north, ranges 4, 5, 6, 7 and 8 west, fourth principal
meridian, entire townships.
Township 63 north, range 9 west, fourth principal meridian, south
half section 19 and sections 20 to 36, inclusive.
Township 63 north, range 13 west, fourth principal meridian,
section 6.
Township 63 north, range 14 west, fourth principal meridian,
sections 1 to 12, inclusive, and 14 to 22, inclusive.
Township 63 north, range 15 west, fourth principal meridian,
sections 1 to 24, inclusive.
Township 63 north, range 16 west, fourth principal meridian,
sections 1 to 3 inclusive, 10 to 15, inclusive, and 22 to 24,
inclusive.
Township 64 north, range 3 east, fourth principal meridian, south
half section 7.
Township 64 north, range 2 east, fourth principal meridian,
sections 1 to 12, inclusive.
Township 64 north, range 1 east, fourth principal meridian,
sections 1 to 4, inclusive, south half section 7, sections 8 to 12,
inclusive, 15 to 17, inclusive, and east half section 18.
Township 64 north, range 1 west, fourth principal meridian,
sections 17 to 20, inclusive, and 29 to 32, inclusive.
Township 64 north, range 2 west, fourth principal meridian,
sections 7 to 11, inclusive, and 13 to 36, inclusive.
Township 64 north, range 3 west, fourth principal meridian,
sections 7 to 36, inclusive.
Township 64 north, range 4 west, fourth principal meridian,
sections 6, 7, and 10 to 36, inclusive.
Township 64 north, ranges 5, 6, 7, and 8 west, fourth principal
meridian, entire townships.
Township 64 north, range 9 west, fourth principal meridian,
sections 1 to 24, inclusive.
Township 64 north, range 10 west, fourth principal meridian,
sections 1 to 18, inclusive.
Township 64 north, range 11 west, fourth principal meridian,
sections 1 to 4, inclusive, and 9 to 16, inclusive.
Township 64 north, range 13 west, fourth principal meridian,
sections 5 to 8, inclusive, 15 to 22, inclusive, and 28 to 32,
inclusive.
Township 64 north, range 14 west, fourth principal meridian,
sections 6 to 36, inclusive.
Township 64 north, range 15 west, fourth principal meridian,
sections 1 to 3, inclusive, and 10 to 36, inclusive.
Township 64 north, range 16 west, fourth principal meridian,
sections 22 to 27, inclusive, and 34 to 36, inclusive.
Township 65 north, range 2 east, fourth principal meridian,
entire township.
Township 65 north, range 1 east, fourth principal meridian,
sections 19 to 30, inclusive, and 33 to 36, inclusive.
Township 65 north, range 1 west, fourth principal meridian,
sections 19 to 30, inclusive.
Township 65 north, range 4 west, fourth principal meridian,
sections 1 to 3, inclusive, 10 to 14, inclusive, and 31.
Township 65 north, range 5 west, fourth principal meridian,
sections 6, 7, and 18 to 36, inclusive.
Township 65 north, ranges 6, 7, 8, 9, 10, and 11 west, fourth
principal meridian, entire townships.
Township 65 north, range 12 west, fourth principal meridian,
sections 1 to 17, inclusive, 20 to 27, inclusive, and 34 to 36,
inclusive.
Township 65 north, range 13 west, fourth principal meridian,
sections 1 to 3, inclusive, and 10 to 12, inclusive.
Township 65 north, range 14 west, fourth principal meridian,
sections 18, 19, 30, and 31.
Township 65 north, range 15 west, fourth principal meridian,
sections 13, 14, 23 to 26, inclusive, 35 to 36.
Township 66 north, range 4 west, fourth principal meridian,
sections 3, 9, 16, 21, 22, 26 to 28, inclusive, and 33 to 36,
inclusive.
Township 66 north, range 5 west, fourth principal meridian,
sections 2, 8, 9, 16 to 20, inclusive, 30 and 31.
Township 66 north, range 6 west, fourth principal meridian,
entire township.
Township 66 north, ranges 11, 12, and 13 west, fourth principal
meridian, entire townships.
Township 66 north, range 14 west, fourth principal meridian,
sections 1 to 28, inclusive, and 33 to 36, inclusive.
Township 66 north, range 15 west, fourth principal meridian,
sections 1 to 17, inclusive, and 20 to 24, inclusive.
Township 66 north, range 16 west, fourth principal meridian,
sections 1 to 5, inclusive, and 9 to 12, inclusive.
Township 67 north, ranges 13, 14, and 15 west, fourth principal
meridian, entire townships.
Township 67 north, range 16 west, fourth principal meridian,
sections 6 to 8, inclusive, 16 to 18, inclusive, 20, 21, 28, 29,
and 32 to 34, inclusive.
Township 67 north, range 17 west, fourth principal meridian,
those portions of sections 1, 12, and 13 east of Crane Lake.
Township 68 north, ranges 13, 14, 15, and 16 west, fourth
principal meridian, entire townships.
Township 68 north, range 17 west, fourth principal meridian, that
portion of section 36 east of Crane Lake.
-SOURCE-
(June 22, 1948, ch. 593, Sec. 2, 62 Stat. 568.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577c, 577d-1, 577g, 577h,
1133 of this title; title 31 section 6901.
-CITE-
16 USC Sec. 577d-1 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577d-1. Extension to other sections of land
-STATUTE-
Except as hereinafter provided, the provisions of sections 577c,
577d, 577e to 577h of this title, are extended and made applicable
to the following described lands:
Township 61 north, range 6 west, fourth principal meridian:
Sections 5 to 8, inclusive; west half section 4; west half section
9.
Township 61 north, range 7 west, fourth principal meridian:
Sections 1 to 12, inclusive.
Township 61 north, range 8 west, fourth principal meridian:
Sections 3 to 8, inclusive.
Township 61 north, range 9 west, fourth principal meridian:
Sections 1 to 12, inclusive.
Township 61 north, range 10 west, fourth principal meridian:
Sections 1, 2, 11, and 12.
Township 62 north, range 3 west, fourth principal meridian: West
half of section 3; sections 4 to 9, inclusive.
Township 62 north, range 4 west, fourth principal meridian:
Sections 1 to 6, inclusive; sections 8 to 15, inclusive.
Township 62 north, range 5 west, fourth principal meridian:
Sections 1 to 24, inclusive.
Township 62 north, range 6 west, fourth principal meridian:
Sections 1 to 20, inclusive; north half section 21; sections 22 to
24, inclusive; sections 29 to 32, inclusive.
Township 62 north, range 7 west, fourth principal meridian:
Entire township.
Township 62 north, range 8 west, fourth principal meridian:
Sections 1 to 34, inclusive; north half section 35; north half
section 36.
Township 62 north, range 9 west, fourth principal meridian:
Entire township.
Township 62 north, range 10 west, fourth principal meridian:
Sections 1 to 6 inclusive; sections 8 to 17, inclusive; sections 21
to 28, inclusive; sections 33 to 36, inclusive.
Township 62 north, range 11 west, fourth principal meridian:
Sections 1 and 2.
Township 63 north, range 1 west, fourth principal meridian:
Sections 4 to 9, inclusive; sections 16 to 21, inclusive.
Township 63 north, range 2 west, fourth principal meridian:
Sections 1 to 4, inclusive; sections 9 to 16, inclusive; north half
of section 17; north half of section 18; sections 21 to 24,
inclusive.
Township 63 north, range 3 west, fourth principal meridian: North
half section 13; north half section 14; north half, southwest
quarter section 15; sections 16 to 21, inclusive; west half section
22; west half section 27; sections 28 to 33, inclusive; west half
section 34.
Township 63 north, range 9 west, fourth principal meridian: Lot 3
section 15; lots 4, 6, 7, 8, 10, 11 and 12 section 16; lots 6 and 7
section 19.
Township 63 north, range 10 west, fourth principal meridian:
Section 6, north half section 7; lots 7 and 8 section 24; northeast
quarter, lots 1, 3 and 4, southwest quarter southwest quarter, east
half southwest quarter, southeast quarter section 25; lots 5, 6, 7,
8, 9, 10, southeast quarter southeast quarter section 26; lots 3 to
6, inclusive, lot 8, southwest quarter, southwest quarter southeast
quarter section 27; lots 5 to 8, inclusive, south half section 28;
lots 5 to 8, inclusive, south half section 29; lots 10 to 14,
inclusive, southeast quarter southeast quarter section 30; sections
31 to 36, inclusive.
Township 63 north, range 11 west, fourth principal meridian:
Sections 1 to 4, inclusive; north half of sections 9 to 12,
inclusive; lots 9 to 12, inclusive, section 25; lots 5 and 6,
section 26; section 35 except lot 3; section 36.
Township 63 north, range 13 west, fourth principal meridian:
Sections 5, 7, and 18.
Township 63 north, range 14 west, fourth principal meridian:
Sections 12, 23, and 24.
Township 64 north, range 1 east, fourth principal meridian: Lot
15, section 5.
Township 64 north, range 1 west, fourth principal meridian:
Sections 21, 22, 27, 28, 33, and 34.
Township 64 north, range 2 west, fourth principal meridian: South
half of sections 3 to 6, inclusive.
Township 64 north, range 3 west, fourth principal meridian: South
half of sections 1 to 4, inclusive; sections 5 and 6.
Township 64 north, range 4 west, fourth principal meridian:
Sections 1 to 5, inclusive; sections 8 and 9.
Township 64 north, range 9 west, fourth principal meridian: North
half of sections 25 to 30, inclusive.
Township 64 north, range 10 west, fourth principal meridian:
Sections 19 to 24, inclusive; north half of sections 25, 26, and
27; sections 28 to 33, inclusive.
Township 64 north, range 11 west, fourth principal meridian:
Sections 8, 17, 21 to 28, inclusive; sections 33 to 36, inclusive.
Township 64 north, range 13 west, fourth principal meridian:
Sections 14 and 23; north half northwest quarter, southwest quarter
northwest quarter section 26; section 27.
Township 65 north, range 3 west, fourth principal meridian:
Section 18.
Township 65 north, range 4 west, fourth principal meridian: South
half section 6; sections 7, 18, 19, and 30.
Township 65 north, range 5 west, fourth principal meridian:
Sections 1 to 5, inclusive; sections 8 to 17, inclusive.
Township 65 north, range 12 west, fourth principal meridian:
Sections 18, 19, 28, 29, 30, 32, and 33.
Township 65 north, range 13 west, fourth principal meridian:
Sections 4 to 9, inclusive; sections 13, 14, 16, 17, and 24.
Township 65 north, range 14 west, fourth principal meridian:
Sections 1 to 3, inclusive.
Township 66 north, range 4 west, fourth principal meridian:
Sections 4 to 8, inclusive; sections 17 to 20, inclusive.
Township 66 north, range 5 west, fourth principal meridian:
Section 1; sections 3 to 7, inclusive; sections 10 to 15,
inclusive; sections 21 to 29, inclusive; sections 32 to 35,
inclusive; west half section 36.
Township 66 north, range 14 west, fourth principal meridian:
Sections 29 and 30.
Township 66 north, range 15 west, fourth principal meridian:
Sections 18 and 19; sections 25 to 30, inclusive.
Township 66 north, range 16 west, fourth principal meridian:
Sections 13, 24, and 25.
Township 67 north, range 4 west, fourth principal meridian:
Entire township.
-SOURCE-
(June 22, 1956, ch. 425, Sec. 1, 70 Stat. 326.)
-MISC1-
SHORT TITLE
The act of June 22, 1956, ch. 425, 70 Stat. 326, as amended,
which is classified to sections 577d-1, 577g-1 and 577h of this
title, is popularly known as the ''Humphrey-Thye-Blatnik-Andresen
Act''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 577g-1 of this title;
title 31 section 6901.
-CITE-
16 USC Sec. 577e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577e. Approval by National Forest Reservation Commission for
acquisition of additional lands
-STATUTE-
Lands shall be acquired by purchase or condemnation under the
supplemental authority granted in section 577c of this title only
with prior approval of the National Forest Reservation Commission
created by section 4 of the Act approved March 1, 1911, as amended,
and lands so acquired shall become parts of the Superior National
Forest and be subject to the provisions of said Act, as amended,
and of such other laws as apply to land acquired under the
provisions of said Act, as amended, except as hereinafter provided.
-SOURCE-
(June 22, 1948, ch. 593, Sec. 3, 62 Stat. 570.)
-REFTEXT-
REFERENCES IN TEXT
The National Forest Reservation Commission, referred to in text,
was created by section 4 of act Mar. 1, 1911 (16 U.S.C. 513).
Section 4 of the 1911 Act was repealed, and all functions of the
National Forest Reservation Commission were transferred to the
Secretary of Agriculture, by section 17(a)(1) of Pub. L. 94-588,
Oct. 22, 1976, 90 Stat. 2961.
Said Act, referred to in text, means act Mar. 1, 1911, ch. 186,
36 Stat. 961, as amended, popularly known as the Weeks Law, which
is classified to sections 480, 500, 513 to 519, 521, 552, and 563
of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 552 of this title
and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577d-1, 577h, 1133 of
this title.
-CITE-
16 USC Sec. 577f 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577f. Exchange of lands
-STATUTE-
Upon finding and determination by the Secretary of Agriculture
that the public purposes and objectives explicit and implicit in
sections 577 to 577b of this title, more effectively can be
accomplished by exchanging lands of the United States situated
within the boundaries described in said sections for other lands in
State, county, or private ownership situated within the said
boundaries which are more suitable for public ownership,
management, and use, for the purposes contemplated by said
sections, such lands of the United States shall be subject to
exchange under the provisions of sections 485 and 486 of this
title, or the provisions of section 516 of this title.
-SOURCE-
(June 22, 1948, ch. 593, Sec. 4, 62 Stat. 570.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577d-1, 577h, 1133 of
this title.
-CITE-
16 USC Sec. 577g 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577g. Payment for additional lands acquired in northern
Minnesota
-STATUTE-
The Secretary of the Treasury, upon the certification of the
Secretary of Agriculture, shall pay to the State of Minnesota, at
the close of each fiscal year from any national-forest receipts not
otherwise appropriated a sum of money equivalent to three-quarters
of 1 per centum of the fair appraised value of such national-forest
lands as may be situated within the area described in section 577d
of this title at the end of each fiscal year; and the payments made
hereunder shall be distributed to each of the three aforesaid
counties in conformity with the fair appraised value of such
national-forest lands in each county: Provided, That the fair
appraised value of the lands shall be determined by the Secretary
of Agriculture at ten-year intervals and his determination shall be
conclusive and final: Provided further, That the first payment to
the State of Minnesota under the provisions of this section shall
not be due until the close of the first full fiscal year after June
22, 1948: And provided further, That the provisions of section 500
of this title, shall not be applicable to the national-forest lands
to which this section applies.
-SOURCE-
(June 22, 1948, ch. 593, Sec. 5, 62 Stat. 570.)
-COD-
CODIFICATION
Section, as amended by act June 22, 1956, ch. 425, Sec. 2, 70
Stat. 328, is set out as section 577g-1 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577d-1, 577h, 1133 of
this title; title 31 section 6903.
-CITE-
16 USC Sec. 577g-1 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577g-1. Payment to State of Minnesota for extension to other
sections of land
-STATUTE-
The Secretary of the Treasury, upon the certification of the
Secretary of Agriculture, shall pay to the State of Minnesota, at
the close of each fiscal year from any national-forest receipts not
otherwise appropriated a sum of money equivalent to three-quarters
of 1 per centum of the fair appraised value of such national-forest
lands as may be situated within the area described in section
577d-1 of this title at the end of each fiscal year; and the
payments made hereunder shall be distributed to each of the three
aforesaid counties in conformity with the fair appraised value of
such national-forest lands in each county: Provided, That the fair
appraised value of the lands shall be determined by the Secretary
of Agriculture at ten-year intervals and his determination shall be
conclusive and final: Provided further, That the first payment to
the State of Minnesota under the provisions of this section shall
be due at the close of the fiscal year 1959: And provided further,
That the provisions of section 500 of this title, shall not be
applicable to the national-forest lands to which this section
applies.
-SOURCE-
(June 22, 1948, ch. 593, Sec. 5, 62 Stat. 570; June 22, 1956, ch.
425, Sec. 2, 70 Stat. 328.)
-COD-
CODIFICATION
Section 5 of act June 22, 1948, as it read prior to amendment by
act June 22, 1956, is set out as section 577g of this title.
-MISC3-
AMENDMENTS
1956 - Act June 22, 1956, amended section with respect to the
lands described in section 577d-1 by revising the proviso to fix
the due date of the first payment to Minnesota as of the close of
the fiscal year 1959. For payment for lands described in section
577d, see section 577g of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577d-1, 577h, 1133 of
this title; title 31 section 6903.
-CITE-
16 USC Sec. 577h 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 577h. Authorization of appropriations; limitation on amount
for purchase of additional lands, water or interests therein;
availability of other funds; annual report to Congress
-STATUTE-
(a) Appropriations authorized; purposes
There are authorized to be appropriated annually such sums as are
necessary to implement sections 577c, 577d, and 577e to 577h of
this title: Provided, That the total appropriations under the
authority of said sections shall not exceed $9,000,000 for the
purchase and condemnation of lands, water, or interests therein,
and that funds made available through the provisions of the Land
and Water Conservation Fund Act (78 Stat. 897), as amended (16
U.S.C. 460l-4 et seq.), may also be used for such acquisitions:
Provided further, That such appropriations may be used for the
payment of court judgments in condemnation actions brought under
authority of sections 577c, 577d, and 577e to 577h of this title
without regard to the date such actions were initially instituted.
(b) Reports on acquisitions
Not later than March 1 of each year 1977 through 1980, the
Secretary of Agriculture shall submit to the Congress a report
concerning the acquisition of lands or interests in lands under
sections 577c, 577d, and 577e to 577h of this title. The final
report of the Secretary shall specify whether additional
authorizations or appropriations are necessary to carry out the
purposes of said sections.
-SOURCE-
(June 22, 1948, ch. 593, Sec. 6, 62 Stat. 570; June 22, 1956, ch.
425, Sec. 3, 70 Stat. 328; Pub. L. 87-351, Oct. 4, 1961, 75 Stat.
772; Pub. L. 94-384, Aug. 13, 1976, 90 Stat. 1123.)
-REFTEXT-
REFERENCES IN TEXT
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
amended, which is classified generally to part B (Sec. 460l-4 et
seq.) of subchapter LXIX of chapter 1 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 460l-4 of this title and Tables.
-MISC2-
AMENDMENTS
1976 - Pub. L. 94-384 designated existing provisions as subsec.
(a), substituted ''implement'' for ''carry out the provisions of'',
''$9,000,000'' for ''$4,500,000'', and ''lands, water, or interests
therein'' for ''land'', struck out ''however'' after ''Provided'',
inserted provision relating to the availability of funds under the
Land and Water Conservation Fund Act and provision relating to the
availability of appropriations for payment of court judgements in
condemnation actions regardless of the date of institution of such
action, and added subsec. (b).
1961 - Pub. L. 87-351 increased appropriation for purchase and
condemnation of land from $2,500,000 to $4,500,000.
1956 - Act June 22, 1956, increased appropriation for purchase
and condemnation of land from $500,000 to $2,500,000.
AVAILABILITY OF APPROPRIATIONS
Pub. L. 87-351 provided in part that: ''Funds appropriated to
carry out the purposes of the Act (sections 577c, 577d and 577e to
577h of this title) shall remain available until expended.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 577d-1, 1133 of this
title.
-CITE-
16 USC Sec. 578 to 579 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 578 to 579. Omitted
-COD-
CODIFICATION
Section 578, act June 25, 1940, ch. 421, 54 Stat. 546, which
authorized rental of Forest Service equipment to other Federal
agencies, was from the Department of Agriculture Appropriation Act,
1941, and was not repeated in subsequent appropriation acts.
Similar provisions appeared in the Department of Agriculture
Appropriation Act, 1940, approved June 30, 1939, ch. 253, title I,
53 Stat. 955.
Section 578a, acts July 1, 1941, ch. 267, 55 Stat. 422; July 22,
1942, ch. 516, 56 Stat. 679; July 12, 1943, ch. 215, 57 Stat. 411;
June 28, 1944, ch. 296, 58 Stat. 443, related to rental of foreign
service equipment to non-Federal agencies, and is now covered by
section 580 of this title.
Section 579, act June 29, 1954, ch. 409, title I, 68 Stat. 307,
which authorized the purchase of improvements in lieu of
construction, was from the Department of the Interior and Related
Agencies Appropriations Act, 1955, and was not repeated in
subsequent appropriation acts. Similar provisions were contained
in following prior appropriation acts:
July 28, 1953, ch. 251, title I, 67 Stat. 212.
July 5, 1952, ch. 574, title I, 66 Stat. 342.
Aug. 31, 1951, ch. 374, title I, 65 Stat. 232.
Sept. 6, 1950, ch. 896, Ch. VI, title I, 64 Stat. 666.
June 29, 1949, ch. 280, title I, 63 Stat. 337.
June 19, 1948, ch. 543, 62 Stat. 521.
July 30, 1947, ch. 356, title I, 61 Stat. 523.
June 22, 1946, ch. 445, 60 Stat. 283.
May 5, 1945, ch. 109, 59 Stat. 150.
June 28, 1944, ch. 296, 58 Stat. 444.
July 12, 1943, ch. 215, 57 Stat. 412.
July 22, 1942, ch. 516, 56 Stat. 680.
July 1, 1941, ch. 267, 55 Stat. 422.
June 25, 1940, ch. 421, 54 Stat. 546.
-CITE-
16 USC Sec. 579a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 579a. Operation of aerial facilities and services
-STATUTE-
The Forest Service by contract or otherwise may provide for
procurement and operation of aerial facilities and services for the
protection and management of the national forests and other lands
administered by it, including the furnishing, at the airbase, of
facilities, equipment, materials and the preparation, mixing and
loading into aircraft, with authority to renew any contract for
such purpose annually, not more than twice, without additional
advertising.
-SOURCE-
(Sept. 21, 1944, ch. 412, title II, Sec. 205, 58 Stat. 736; Apr.
24, 1950, ch. 97, Sec. 4, 64 Stat. 83; Pub. L. 91-435, Oct. 6,
1970, 84 Stat. 888.)
-COD-
CODIFICATION
Section was enacted as a part of the Department of Agriculture
Organic Act of 1944.
-MISC3-
AMENDMENTS
1970 - Pub. L. 91-435 authorized the Forest Service to extend
aerial facilities and services for the protection and management of
other lands administered by the Service and to procure, at the
airbase, facilities, equipment, materials and the preparation,
mixing and loading into aircraft.
1950 - Act Apr. 24, 1950, amended section to provide for aerial
facilities and services for the protection and management of our
national forests.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 579b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 579b. Working capital fund; establishment; availability;
transfer; capitalization; advance payments credited
-STATUTE-
There is established a working capital fund which shall be
available without fiscal year limitation for expenses necessary,
including the purchase or construction of buildings and
improvements within the limitations thereon set forth in the
appropriations for the Forest Service, for furnishing supply and
equipment services in support of programs of the Forest Service.
The Secretary of Agriculture is authorized to transfer to the fund,
without reimbursement, and to capitalize in the fund at fair and
reasonable values, such receivables, inventories, equipment, and
other assets as he may determine, and assume the liabilities in
connection with such assets: Provided, That the fund shall be
credited with advance payments in connection with firm orders and
reimbursements from appropriations and funds of the Forest Service,
other departmental and Federal agencies, and from other sources, as
authorized by law, at rates approximately equal to the cost of
furnishing the facilities and service.
-SOURCE-
(Aug. 3, 1956, ch. 950, Sec. 13, 70 Stat. 1034; Pub. L. 87-869,
Sec. 10, Oct. 23, 1962, 76 Stat. 1157.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-869 struck out the $25,000,000 limitation on
amount of capitalization in Forest Service working capital fund.
-CITE-
16 USC Sec. 579c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 579c. Availability of funds received from forfeitures,
judgments, compromises, or settlements
-STATUTE-
Any moneys received by the United States with respect to lands
under the administration of the Forest Service (1) as a result of
the forfeiture of a bond or deposit by a permittee or timber
purchaser for failure to complete performance of improvement,
protection, or rehabilitation work required under the permit or
timber sale contract or (2) as a result of a judgment, compromise,
or settlement of any claim, involving present or potential damage
to lands or improvements, shall be covered into the Treasury and
are hereby appropriated and made available until expended to cover
the cost to the United States of any improvement, protection, or
rehabilitation work on lands under the administration of the Forest
Service rendered necessary by the action which led to the
forfeiture, judgment, compromise, or settlement: Provided, That any
portion of the moneys so received in excess of the amount expended
in performing the work necessitated by the action which led to
their receipt shall be transferred to miscellaneous receipts.
-SOURCE-
(Pub. L. 85-464, Sec. 7, June 20, 1958, 72 Stat. 217.)
-CITE-
16 USC Sec. 579d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 579d. Indirect expenditures; future budget justifications
-STATUTE-
The Forest Service shall implement and adhere to the definitions
of indirect expenditures established pursuant to Public Law 105-277
on a nationwide basis without flexibility for modification by any
organizational level except the Washington Office, and when changed
by the Washington Office, such changes in definition shall be
reported in budget requests submitted by the Forest Service:
Provided further, That the Forest Service shall provide in all
future budget justifications, planned indirect expenditures in
accordance with the definitions, summarized and displayed to the
Regional, Station, Area, and detached unit office level. The
justification shall display the estimated source and amount of
indirect expenditures, by expanded budget line item, of funds in
the agency's annual budget justification. The display shall
include appropriated funds and the Knutson-Vandenberg, Brush
Disposal, Cooperative Work-Other, and Salvage Sale funds. Changes
between estimated and actual indirect expenditures shall be
reported in subsequent budget justifications.
-SOURCE-
(Pub. L. 107-63, title II, Nov. 5, 2001, 115 Stat. 452.)
-REFTEXT-
REFERENCES IN TEXT
Public Law 105-277, referred to in text, is Pub. L. 105-277, Oct.
21, 1998, 112 Stat. 2681, known as the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999. For complete
classification of this Act to the Code, see Tables.
-MISC2-
PRIOR PROVISIONS
Provisions similar to this section were contained in the
following prior appropriation acts:
Pub. L. 106-291, title II, Oct. 11, 2000, 114 Stat. 973.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title II), Nov. 29,
1999, 113 Stat. 1535, 1501A-178.
DEFINITIONS OF INDIRECT EXPENDITURES
Pub. L. 105-277, div. A, Sec. 101(e) (title II), Oct. 21, 1998,
112 Stat. 2681-231, 2681-274, provided in part: ''That not later
than 90 days after the date of the enactment of this Act (Oct. 21,
1998), the Forest Service shall provide, to the Committees on
Appropriations of the House of Representatives and Senate, proposed
definitions, which are consistent with Federal Accounting Standards
Advisory Board standards, to be used with the fiscal year 2000
budget, for indirect expenditures: Provided further, That the
Forest Service shall implement and adhere to the definitions on a
nationwide basis without flexibility for modification by any
organizational level except the Washington Office, and when changed
by the Washington Office, such changes in definition shall be
reported in budget requests submitted by the Forest Service:
Provided further, That the Forest Service shall provide in the
fiscal year 2000 budget justification, planned indirect
expenditures in accordance with the definitions, summarized and
displayed to the Regional, Station, Area, and detached unit office
level. The justification shall display the estimated source and
amount of indirect expenditures, by expanded budget line item, of
funds in the agency's annual budget justification. The display
shall include appropriated funds and the Knutson-Vandenberg, Brush
Disposal, Cooperative Work-Other, and Salvage Sale funds. Changes
between estimated and actual indirect expenditures shall be
reported in subsequent budget justifications''.
-CITE-
16 USC Sec. 580 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580. Use of Forest Service appropriations for repair, etc. of
equipment; rental of fire control equipment to non-Federal
agencies
-STATUTE-
Appropriations for the work of the Forest Service available for
the operation, repair, maintenance, and replacement of motor and
other equipment may be reimbursed for use of such equipment on
projects of the Forest Service chargeable to other appropriations,
or on work of other Federal agencies, when requested by such
agencies, reimbursement to be made from appropriations applicable
to the work on which used at rental rates fixed by the Chief
Forester based on the actual or estimated cost of operation,
repair, maintenance, depreciation, and equipment management
control, and credited to appropriations currently available at the
time adjustment is effected. The Forest Service may also rent
equipment for fire-control purposes to State, county, private, or
other non-Federal agencies cooperating with the Forest Service in
fire control under the terms of written cooperative agreements, the
amount collected for such rental to be credited to appropriations
currently available at the time payment is received.
-SOURCE-
(Sept. 21, 1944, ch. 412, title II, Sec. 204, 58 Stat. 736.)
-COD-
CODIFICATION
Section was enacted as a part of the Department of Agriculture
Organic Act of 1944.
-MISC3-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the
following Department of Agriculture Appropriation Acts:
June 28, 1944, ch. 296, 58 Stat. 443.
July 12, 1943, ch. 215, 57 Stat. 411.
July 22, 1942, ch. 516, 56 Stat. 679.
July 1, 1941, ch. 267, 55 Stat. 421.
-CITE-
16 USC Sec. 580a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580a. Sale and distribution of supplies, equipment, and
materials to other Government activities and to cooperating
State and private agencies; reimbursement
-STATUTE-
The Forest Service may sell and distribute supplies, equipment,
and materials to other Government activities and to State and
private agencies who cooperate with the Forest Service in fire
control under terms of written cooperative agreements, the cost of
such supplies, equipment, and materials, including the cost of
supervision, transportation, warehousing, and handling, to be
reimbursed to appropriations current at the time additional
supplies, equipment, and materials are procured for warehouse
stocks.
-SOURCE-
(Sept. 21, 1944, ch. 412, title II, Sec. 203, 58 Stat. 736.)
-COD-
CODIFICATION
Section was enacted as a part of the Department of Agriculture
Organic Act of 1944.
-MISC3-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the
following Department of Agriculture Appropriation Acts:
June 28, 1944, ch. 296, 58 Stat. 443.
July 12, 1943, ch. 215, 57 Stat. 411.
July 22, 1942, ch. 516, 56 Stat. 679.
July 1, 1941, ch. 267, 55 Stat. 421.
June 25, 1940, ch. 421, 54 Stat. 546.
June 30, 1939, ch. 253, 53 Stat. 955.
June 16, 1938, ch. 464, 52 Stat. 726.
June 29, 1937, ch. 404, 50 Stat. 411.
June 4, 1936, ch. 489, title I, 49 Stat. 1436.
May 17, 1935, ch. 131, title I, 49 Stat. 261.
Mar. 26, 1934, ch. 89, title I, 48 Stat. 481.
Mar. 3, 1933, ch. 203, 47 Stat. 1447.
July 7, 1932, ch. 443, 47 Stat. 625.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 40 section 525.
-CITE-
16 USC Sec. 580b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580b. Forest Service telephone lines; correction of inductive
interference
-STATUTE-
Appropriations for the Forest Service shall be available
hereafter for the correction of inductive interference on Forest
Service telephone lines caused by transmission lines constructed by
organizations financed by loans from the Rural Electrification
Administration.
-SOURCE-
(June 29, 1949, ch. 280, title I, 63 Stat. 338.)
-CITE-
16 USC Sec. 580c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580c. Purchases of experimental materials, special devices,
test models, etc.
-STATUTE-
The provisions of section 5 of title 41 shall not apply to
purchases by the Forest Service of (1) materials to be tested or
upon which experiments are to be made or (2) special devices, test
models, or parts thereof, to be used (a) for experimentation to
determine their suitability for or adaptability to accomplishment
of the work for which designed or (b) in the designing or
developing of new equipment: Provided, That not to exceed $50,000
may be expended in any one fiscal year pursuant to this authority
and not to exceed $10,000 on any one item or purchase.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 3, 64 Stat. 83.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580d. Use of Forest Service structures or improvements and
land by public and private agencies, etc.; terms
-STATUTE-
The Secretary of Agriculture, under such regulations as he may
prescribe and at rates and for periods not exceeding thirty years
as determined by him, is authorized to permit the use by public and
private agencies, corporations, firms, associations, or
individuals, of structures or improvements under the administrative
control of the Forest Service and land used in connection
therewith: Provided, That as all or a part of the consideration for
permits issued under this section, the Secretary may require the
permittees at their expense to renovate, recondition, improve, and
maintain the structures and land to a satisfactory standard.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 7, 64 Stat. 84; Pub. L. 105-277, div.
A, Sec. 101(e) (title III, Sec. 346), Oct. 21, 1998, 112 Stat.
2681-231, 2681-298.)
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-277, which directed the substitution of
''renovate, recondition, improve, and maintain'' for ''recondition
and maintain,'', was executed by making the substitution for
language which did not include a comma after ''maintain'' to
reflect the probable intent of Congress.
CONVEYANCE OF EXCESS FOREST SERVICE STRUCTURES
Pub. L. 107-63, title III, Sec. 329, Nov. 5, 2001, 115 Stat. 471,
provided that:
''(a) Pilot Program Authorizing Conveyance of Excess Forest
Service Structures. - The Secretary of Agriculture may convey, by
sale or exchange, any or all right, title, and interest of the
United States in and to excess buildings and other structures
located on National Forest System lands and under the jurisdiction
of the Forest Service. The conveyance may include the land on which
the building or other structure is located and such other land
immediately adjacent to the building or structure as the Secretary
considers necessary.
''(b) Limitation. - Conveyances on not more than 10 sites may be
made under the authority of this section, and the Secretary of
Agriculture shall obtain the concurrence of the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate in advance of each conveyance.
''(c) Use of Proceeds. - The proceeds derived from the sale of a
building or other structure under this section shall be retained by
the Secretary of Agriculture and shall be available to the
Secretary, without further appropriation until expended, for
maintenance and rehabilitation activities within the Forest Service
Region in which the building or structure is located.
''(d) Duration of Authority. - The authority provided by this
section expires on September 30, 2005.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580e. Services furnished persons attending Forest Service
demonstrations and users of national forest resources and
recreational facilities; rate of charges; disposition of moneys
-STATUTE-
The Secretary of Agriculture is authorized to furnish persons
attending Forest Service demonstrations, and users of national
forest resources and recreational facilities, with meals, lodging,
bedding, fuel, and other services, where such facilities are not
otherwise available, at rates approximating but not less than the
actual or estimated cost thereof and to deposit all moneys received
therefor to the credit of the appropriation from which the cost
thereof is paid, or a similar appropriation current at the time the
moneys are received: Provided, That such receipts obtained in
excess of $10,000 in any one fiscal year shall be deposited in the
Treasury as miscellaneous receipts.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 8, 64 Stat. 84.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580f 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580f. Telephones for official use in private residences
-STATUTE-
Notwithstanding the provisions of section 1348 of title 31,
appropriations for the protection and management of the national
forests and other lands administered by the Forest Service shall be
available to pay for telephone service installed in residences of
employees and of persons cooperating with the Forest Service who
reside within or near such lands when such installation is
determined by the Secretary of Agriculture to be needed in
protecting such lands: Provided, That in addition to the monthly
local service charge, the Government may pay only such tolls or
other charges as are required strictly for the public business.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 10, 64 Stat. 85; Pub. L. 85-464, Sec.
6, June 20, 1958, 72 Stat. 217.)
-COD-
CODIFICATION
''Section 1348 of title 31'' substituted in text for ''section 7
of the Act of August 23, 1912, as amended (31 U.S.C. 679)'' on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
-MISC3-
AMENDMENTS
1958 - Pub. L. 85-464 inserted ''and other lands administered by
the Forest Service'' after ''forests'', and substituted
''residences of employees'' for ''residences of seasonal
employees'', and ''such lands'' for ''the national forests'' in two
places.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580g 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580g. Seeding leased range land; conditions and limitations
-STATUTE-
Whenever such action is deemed to be in the public interest, the
Secretary of Agriculture is authorized to pay from any
appropriation available for the protection and management of the
national forests all or any part of the cost of leasing, seeding,
and protective fencing of public range land (other than national
forest land) and privately owned land intermingled with or adjacent
to national forest or other land administered by the Forest
Service, if the use of the land to be seeded is controlled by the
Forest Service under a lease or agreement which in the judgment of
the Chief of the Forest Service gives the Forest Service control
over the land for a sufficient period to justify such expenditures:
Provided, That payment may not be made under authority of this
section for the seeding of more than one thousand acres in any one
private ownership: Provided further, That payment may not be made
under authority of this section for the seeding of more than
twenty-five thousand acres in any one fiscal year: Provided
further, That the period of any lease under this authority may not
exceed twenty years.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 11, 64 Stat. 85.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580h 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580h. Range improvements from appropriated funds
-STATUTE-
Of the moneys received from grazing fees by the Treasury from
each national forest during each fiscal year there shall be
available at the end thereof when appropriated by Congress an
amount equivalent to 2 cents per animal-month for sheep and goats
and 10 cents per animal-month for other kinds of livestock under
permit on such national forest during the calendar year in which
the fiscal year begins, which appropriated amount shall be
available until expended on such national forest, under such
regulations as the Secretary of Agriculture may prescribe, for (1)
artificial revegetation, including the collection or purchase of
necessary seed; (2) construction and maintenance of drift or
division fences and stock-watering places, bridges, corrals,
driveways, or other necessary range improvements; (3) control of
range-destroying rodents; or (4) eradication of poisonous plants
and noxious weeds, in order to protect or improve the future
productivity of the range.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 12, 64 Stat. 85.)
-MISC1-
SAVINGS PROVISION
Provisions of Federal Land Policy and Management Act of 1976,
Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed
as affecting the distribution of livestock grazing revenues to
local governments under this section, see section 701(j) of Pub. L.
94-579, set out as a note under section 1701 of Title 43, Public
Lands.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580i 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580i. Acquisition of winter range, land, and helicopter
landing site
-STATUTE-
There are authorized to be appropriated -
(a) such sums as may be necessary for the acquisition of
parcels of land and interests in land in Sanders County, Montana,
needed by the Forest Service to provide winter range for its
saddle, pack, and draft animals;
(b) not to exceed $50,000 for the acquisition of additional
land adjacent to the present site of the Forest Products
Laboratory at Madison, Wisconsin; and
(c) not to exceed $25,000 for the acquisition of one helicopter
landing site in southern California.
Land acquired under this section may be subject to such
reservations and outstanding interests as the Secretary of
Agriculture determines will not interfere with the purpose for
which acquired.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 14, 64 Stat. 86.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580j 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580j. Injury benefits for temporary employees
-STATUTE-
Appropriations of the Forest Service chargeable with salaries and
wages shall be available for payment to temporary employees of the
Forest Service for loss of time due to injury in official work at
rates not in excess of those provided by subchapter I of chapter 81
of title 5, when the injured person is in need of immediate
financial assistance to avoid hardship: Provided, That such payment
shall not be made for a period in excess of fifteen days and the
Secretary of Labor shall be notified promptly of the amount so
paid, which amount shall be deducted from the amount, if any,
otherwise payable by the Secretary of Labor to the employee on
account of the injury, the amount so deducted by the Secretary of
Labor to be paid to the Forest Service for deposit to the credit of
the Forest Service appropriation from which the expenditure was
made: Provided further, That when any person assisting in the
suppression of forest fires or in other emergency work under the
direction of the Forest Service, without compensation from the
United States, pursuant to the terms of a contract, agreement, or
permit, is injured in such work, the Forest Service may furnish
hospitalization and other medical care, subsistence, and lodging
for a period of not to exceed fifteen days during such disability,
the cost thereof to be payable from the appropriation applicable to
the work upon which the injury occurred, except that this proviso
shall not apply when such person is within the purview of a State
or other compensation act: Provided further, That determination by
the Forest Service that payment is allowable under this section
shall be final as to payments made hereunder, but such
determination or payments with respect to employees shall not
prevent the Secretary of Labor from denying further payments should
the Secretary of Labor determine that compensation is not properly
allowable under the provisions of subchapter I of chapter 81 of
title 5.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 16, 64 Stat. 86.)
-COD-
CODIFICATION
''Subchapter I of chapter 81 of title 5'' substituted in text for
references to the United States Employees' Compensation Act, on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
631, the first section of which enacted Title 5, Government
Organization and Employees.
-TRANS-
TRANSFER OF FUNCTIONS
References to Secretary of Labor substituted in text for
references to the United States Employees' Compensation Commission.
United States Employees' Compensation Commission, created by
section 28 of act Sept. 7, 1916, ch. 458, 39 Stat. 748, abolished
and functions thereof transferred to Federal Security Agency to be
performed in such manner and under such rules and regulations as
Federal Security Administrator shall prescribe, by section 3 of
Reorg. Plan No. 2 of 1946. These functions subsequently transferred
to Department of Labor, to be administered under direction and
supervision of Secretary of Labor, by section 1 of Reorg. Plan No.
19, of 1950.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580k 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580k. Grazing advisory boards
-STATUTE-
(a) Composition; election meetings
(1) To provide national forest grazing permittees means for the
expression of their recommendations concerning the management and
administration of national forest grazing lands, a local advisory
board shall be constituted and elected as hereinafter provided for
each national forest or administrative subdivision thereof,
whenever a majority of the grazing permittees of such national
forest or administrative subdivision so petitions the Secretary of
Agriculture. Each elected local advisory board existing for such
purpose on April 24, 1950, and recognized as such by the Department
of Agriculture, shall continue to be the local advisory board for
the unit or area it represents, until replaced by a local advisory
board or boards constituted and elected as hereinafter provided.
(2) Each such local advisory board shall be constituted and
elected under rules and regulations, consistent herewith, now or
hereafter approved by the Secretary of Agriculture, and shall be
recognized by him as representing the grazing permittees of the
national forest or administrative subdivision thereof for which
such local advisory board has been constituted and elected.
(3) Each such local advisory board shall consist of not less than
three nor more than twelve members, who shall be national forest
grazing permittees in the area for which such board is constituted,
elected, and recognized. In addition, a wildlife representative
may be appointed as a member of each such board by the State game
commission, or the corresponding public body of the State in which
the advisory board is located, to advise on wildlife problems.
(4) Each such local advisory board shall meet at least once
annually, at a time to be fixed by such board, and at such other
time or times as its members may determine, or on the call of the
chairman thereof or of the Secretary of Agriculture or his
authorized representative.
(b) Advice and recommendations on matters within jurisdiction
Upon the request of any party affected thereby, the Secretary of
Agriculture, or his duly authorized representative, shall refer to
the appropriate local advisory board for its advice and
recommendations any matter pertaining to (1) the modification of
the terms, or the denial of a renewal of, or a reduction in, a
grazing permit, or (2) the establishment or modification of an
individual or community allotment. In the event the Secretary of
Agriculture, or his duly authorized representative, shall overrule,
disregard, or modify any such recommendations, he, or such
representative, shall furnish in writing to the local advisory
board his reasons for such action.
(c) Notification by Secretary of Agriculture of intention to issue
regulations; recommendations; written explanation of reasons
for overruling
(1) At least thirty days prior to the issuance by the Secretary
of Agriculture of any regulation under sections 490, 500, 504,
504a, 555, 557, 571c, 572, 579a, 580c to 580l, and 581 (FOOTNOTE 1)
of this title or otherwise, with respect to the administration of
grazing on national forest lands, or of amendments or additions to,
or modifications in, any such regulation, which in his judgment
would substantially modify existing policy with respect to grazing
in national forests, or which would materially affect preferences
of permittees in the area involved, the local advisory board for
each area that will be affected thereby shall be notified of the
intention to take such action. If as a result of this notice the
Secretary of Agriculture shall receive any recommendation
respecting the issuance of the proposed regulation and shall
overrule, disregard, or modify any such regulations, he or his
representative shall furnish in writing to the local advisory board
his reasons for such action.
(FOOTNOTE 1) See References in Text note below.
(2) Any such local advisory board may at any time recommend to
the Secretary of Agriculture, or his representative, the issuance
of regulations or instructions relating to the use of national
forest lands, seasons of use, grazing capacity of such lands, and
any other matters affecting the administration of grazing in the
area represented by such board.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 18, 64 Stat. 87.)
-REFTEXT-
REFERENCES IN TEXT
Section 581 of this title, referred to in subsec. (c)(1), was
repealed by Pub. L. 95-307, Sec. 8(a), June 30, 1978, 92 Stat. 356.
-MISC2-
TERMINATION OF ADVISORY BOARDS
Advisory boards in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5,
1973, unless, in the case of a board established by the President
or an officer of the Federal Government, such board is renewed by
appropriate action prior to the expiration of such 2-year period,
or in the case of a board established by the Congress, its duration
is otherwise provided for by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
-CITE-
16 USC Sec. 580l 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580l. Permits for grazing livestock on national forests
-STATUTE-
The Secretary of Agriculture in regulating grazing on the
national forests and other lands administered by him in connection
therewith is authorized, upon such terms and conditions as he may
deem proper, to issue permits for the grazing of livestock for
periods not exceeding ten years and renewals thereof: Provided,
That nothing herein shall be construed as limiting or restricting
any right, title, or interest of the United States in any land or
resources.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 19, 64 Stat. 88.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580k of this title.
-CITE-
16 USC Sec. 580m 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580m. Development of reservoir areas for future resources of
timber; Congressional declaration of policy
-STATUTE-
It is declared to be the policy of the United States to provide
that reservoir areas of projects for flood control, navigation,
hydroelectric power development, and other related purposes owned
in fee and under the jurisdiction of the Secretary of the Army and
the Chief of Engineers shall be developed and maintained so as to
encourage, promote, and assure fully adequate and dependable future
resources of readily available timber, through sustained yield
programs, reforestation, and accepted conservation practices, and
to increase the value of such areas for conservation, recreation,
and other beneficial uses: Provided, That such development and
management shall be accomplished to the extent practicable and
compatible with other uses of the project.
-SOURCE-
(Pub. L. 86-717, Sec. 1, Sept. 6, 1960, 74 Stat. 817.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580n of this title.
-CITE-
16 USC Sec. 580n 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580n. Protection and development of forest or other vegetative
cover; establishment and maintenance of conservation measures;
coordination of programs and policies
-STATUTE-
In order to carry out the national policy declared in section
580m of this title, the Chief of Engineers, under the supervision
of the Secretary of the Army, shall provide for the protection and
development of forest or other vegetative cover and the
establishment and maintenance of other conservation measures on
reservoir areas under his jurisdiction, so as to yield the maximum
benefit and otherwise improve such areas. Programs and policies
developed pursuant to the preceding sentence shall be coordinated
with the Secretary of Agriculture, and with appropriate State
conservation agencies.
-SOURCE-
(Pub. L. 86-717, Sec. 2, Sept. 6, 1960, 74 Stat. 817.)
-CITE-
16 USC Sec. 580o 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580o. Forest Service appropriations
-STATUTE-
Notwithstanding any other provision of law, there are hereby
authorized to be appropriated for the necessary expenses of the
Forest Service for carrying out the programs for Forest Research,
State and Private Forestry, and National Forest System under the
appropriations account for Forest Management, Protection, and
Utilization, and the programs under the appropriations account for
Construction and Land Acquisition: $1,575,552,000 for fiscal year
1981; $1,498,000,000 for fiscal year 1982; $1,560,000,000 for
fiscal year 1983; and $1,620,000,000 for fiscal year 1984:
Provided, That none of the funds authorized to be appropriated
hereby may be used for carrying out the Bald Mountain road in the
Siskiyou National Forest.
-SOURCE-
(Pub. L. 97-35, title I, Sec. 122, Aug. 13, 1981, 95 Stat. 368.)
-CITE-
16 USC Sec. 580p 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580p. ''Woodsy Owl'' and ''Smokey Bear'' characters and names;
definitions
-STATUTE-
As used in this Act -
(1) the term ''Woodsy Owl'' means the name and representation
of a fanciful owl, who wears slacks (forest green when colored),
a belt (brown when colored), and a Robin Hood style hat (forest
green when colored) with a feather (red when colored), and who
furthers the slogan, ''Give a Hoot, Don't Pollute'', originated
by the Forest Service of the United States Department of
Agriculture;
(2) the term ''Smokey Bear'' means the name and character
''Smokey Bear'' originated by the Forest Service of the United
States Department of Agriculture in cooperation with the
Association of State Foresters and the Advertising Council.
(3) the term ''Secretary'' means the Secretary of Agriculture.
-SOURCE-
(Pub. L. 93-318, Sec. 1, June 22, 1974, 88 Stat. 244.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 93-318, June 22, 1974,
88 Stat. 244, which enacted sections 580p, 580p-1, 580p-3, and
580p-4 of this title and section 711a of Title 18, Crimes and
Criminal Procedure, and amended section 580p-2 of this title and
section 711 of Title 18. For complete classification of this Act to
the Code, see Tables.
-COD-
CODIFICATION
Section was formerly classified to section 488b-3 of Title 31
prior to the general revision and enactment of Title 31, Money and
Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580p-3 of this title.
-CITE-
16 USC Sec. 580p-1 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580p-1. Property of the United States
-STATUTE-
The following are hereby declared the property of the United
States:
(1) The name and character ''Smokey Bear''.
(2) The name and character ''Woodsy Owl'' and the associated
slogan, ''Give a Hoot, Don't Pollute''.
-SOURCE-
(Pub. L. 93-318, Sec. 2, June 22, 1974, 88 Stat. 245.)
-COD-
CODIFICATION
Section was formerly classified to section 488b-4 of Title 31
prior to the general revision and enactment of Title 31, Money and
Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 580p, 580p-3 of this
title.
-CITE-
16 USC Sec. 580p-2 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580p-2. Deposit of fees collected under regulations relating
to ''Smokey Bear''; availability
-STATUTE-
The Secretary of Agriculture shall deposit into a special account
to be available for furthering the nationwide forest-fire
prevention campaign all fees collected under regulations
promulgated by him relating to ''Smokey Bear''.
-SOURCE-
(May 23, 1952, ch. 327, Sec. 3, 66 Stat. 92; Pub. L. 93-318, Sec.
7, June 22, 1974, 88 Stat. 245.)
-COD-
CODIFICATION
Section was formerly classified to section 488a of Title 31 prior
to the general revision and enactment of Title 31, Money and
Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
-MISC3-
AMENDMENTS
1974 - Pub. L. 93-318 struck out ''under the provisions of
section 711 of title 18'' after ''relating to 'Smokey Bear'.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 580p, 580p-3 of this
title.
-CITE-
16 USC Sec. 580p-3 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580p-3. Use of royalty fees; special account
-STATUTE-
(a) The Secretary may establish and collect use or royalty fees
for the manufacture, reproduction, or use of the name or character
''Woodsy Owl'' and the associated slogan, ''Give a Hoot, Don't
Pollute'', as a symbol for a public service campaign to promote
wise use of the environment and programs which foster maintenance
and improvement of environmental quality.
(b) The Secretary shall deposit into a special account all fees
collected pursuant to this Act. Such fees are hereby made available
for obligation and expenditure for the purpose of furthering the
''Woodsy Owl'' campaign.
-SOURCE-
(Pub. L. 93-318, Sec. 3, June 22, 1974, 88 Stat. 245.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (b), is Pub. L. 93-318, June 22,
1974, 88 Stat. 244, which enacted sections 580p, 580p-1, 580p-3,
and 580p-4 of this title and section 711a of Title 18, Crimes and
Criminal Procedure, and amended section 580p-2 of this title and
section 711 of Title 18. For complete classification of this Act to
the Code, see Tables.
-COD-
CODIFICATION
Section was formerly classified to section 488b-5 of Title 31
prior to the general revision and enactment of Title 31, Money and
Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 580p of this title.
-CITE-
16 USC Sec. 580p-4 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580p-4. Injunction against unauthorized manufacture, use, or
reproduction
-STATUTE-
(a) Whoever, except as provided by rules and regulations issued
by the Secretary, manufactures, uses, or reproduces the character
''Smokey Bear'', or the name ''Smokey Bear'', or a facsimile or
simulation of such character or name in such a manner as suggests
''Smokey Bear'' may be enjoined from such manufacture, use, or
reproduction at the suit of the Attorney General upon complaint by
the Secretary.
(b) Whoever, except as provided by rules and regulations issued
by the Secretary, manufactures, uses, or reproduces the character
''Woodsy Owl'', the name ''Woodsy Owl'', or the slogan ''Give a
Hoot, Don't Pollute'', or a facsimile or simulation of such
character, name, or slogan in such a manner as suggests ''Woodsy
Owl'' may be enjoined from such manufacture, use, or reproduction
at the suit of the Attorney General upon complaint by the
Secretary.
-SOURCE-
(Pub. L. 93-318, Sec. 4, June 22, 1974, 88 Stat. 245.)
-COD-
CODIFICATION
Section was formerly classified to section 488b-6 of Title 31
prior to the general revision and enactment of Title 31, Money and
Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 580p, 580p-3 of this
title.
-CITE-
16 USC Sec. 580q 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 580q. National Tree Seed Laboratory; disposition of fees
-STATUTE-
Notwithstanding any other provision of law, fees received by the
National Tree Seed Laboratory, administered by the Forest Service,
United States Department of Agriculture, for the provision of a
tree seed testing service, shall be retained and deposited as a
reimbursement to current appropriations used to cover the costs of
providing such service.
-SOURCE-
(Pub. L. 99-198, title XVII, Sec. 1772, Dec. 23, 1985, 99 Stat.
1658.)
-CITE-
16 USC SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND
TESTS AFFECTING REFORESTATION AND FOREST
PRODUCTS 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
.
-HEAD-
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-CITE-
16 USC Sec. 581, 581a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-HEAD-
Sec. 581, 581a. Repealed. Pub. L. 95-307, Sec. 8(a), June 30, 1978,
92 Stat. 356
-MISC1-
Section 581, acts May 22, 1928, ch. 678, Sec. 1, 45 Stat. 699;
Apr. 24, 1950, ch. 97, Sec. 17(a), 64 Stat. 87, authorized
investigations, experiments, and tests affecting reforestation and
forest products through cooperation with State and other agencies.
Section 581a, acts May 22, 1928, ch. 678, Sec. 2, 45 Stat. 700;
June 15, 1936, ch. 553, 49 Stat. 1515, set forth provisions
establishing and authorizing appropriations for specific forest
experiment stations.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 9 of Pub. L. 95-307,
set out as an Effective Date note under section 1641 of this title.
-CITE-
16 USC Sec. 581a-1 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-HEAD-
Sec. 581a-1. Repealed. Pub. L. 95-307, Sec. 4(d), June 30, 1978, 92
Stat. 355
-MISC1-
Section, act Aug. 31, 1951, ch. 374, title I, Sec. 101, 65 Stat.
233, authorized receipt of funds on or after Aug. 31, 1951, from
States, etc., for establishment or operation of forest research
facilities.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 9 of Pub. L. 95-307,
set out as an Effective Date note under section 1641 of this title.
-CITE-
16 USC Sec. 581a-2 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-HEAD-
Sec. 581a-2. Omitted
-COD-
CODIFICATION
Section, act June 13, 1956, ch. 380, title II, Sec. 200, 70 Stat.
269, which authorized advance of funds to cooperators, was from the
Department of the Interior and Related Agencies Appropriation Act,
1957, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in following prior appropriation
acts:
June 16, 1955, ch. 147, title II, Sec. 200, 69 Stat. 154.
June 29, 1954, ch. 409, title I, Sec. 101, 68 Stat. 308.
July 28, 1953, ch. 251, title I, Sec. 101, 67 Stat. 212.
Act July 5, 1952, ch. 574, title I, Sec. 101, 66 Stat. 343.
-CITE-
16 USC Sec. 581b to 581i 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-HEAD-
Sec. 581b to 581i. Repealed. Pub. L. 95-307, Sec. 8(a), June 30,
1978, 92 Stat. 356
-MISC1-
Section 581b, act May 22, 1928, ch. 678, Sec. 3, 45 Stat. 701,
authorized appropriations for investigations of diseases of forest
trees and products.
Section 581c, act May 22, 1928, ch. 678, Sec. 4, 45 Stat. 701,
authorized appropriations for investigations of forest insects.
Section 581d, act May 22, 1928, ch. 678, Sec. 5, 45 Stat. 701,
authorized appropriations for experiments and investigations of
life histories and habits of forest animals, birds, and wildlife.
Section 581e, act May 22, 1928, ch. 678, Sec. 6, 45 Stat. 701,
authorized appropriations for investigations of the relationship of
weather conditions to forest fires.
Section 581f, act May 22, 1928, ch. 678, Sec. 7, 45 Stat. 701,
authorized appropriations for experiments and investigations for
development of improved methods of management of forest ranges.
Section 581g, act May 22, 1928, ch. 678, Sec. 8, 45 Stat. 701,
authorized appropriations for experiments, investigations, and
tests of the physical and chemical properties of forest products.
Section 581h, acts May 22, 1928, ch. 678, Sec. 9, 45 Stat. 702;
May 31, 1944, ch. 217, 58 Stat. 265; June 25, 1949, ch. 245, 63
Stat. 271; Aug. 8, 1953, ch. 378, 67 Stat. 489; Sept. 25, 1962,
Pub. L. 87-685, 76 Stat. 579; Dec. 14, 1967, Pub. L. 90-193, 81
Stat. 579; Aug. 17, 1974, Pub. L. 93-378, Sec. 3(b), formerly Sec.
2(b), 88 Stat. 476, renumbered Oct. 22, 1976, Pub. L. 94-588, Sec.
2, 90 Stat. 2949, set forth provisions relating to comprehensive
survey and analysis of the present and prospective conditions of
and requirements for renewable resources.
Section 581i, act May 22, 1928, ch. 678, Sec. 10, 45 Stat. 702,
authorized appropriations for economic investigations of forest
lands and forest products.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1978, see section 9 of Pub. L. 95-307,
set out as an Effective Date note under section 1641 of this title.
-CITE-
16 USC Sec. 581i-1 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-HEAD-
Sec. 581i-1. Advance of funds for cooperative research
-STATUTE-
For the purpose of fostering and stimulating participation with
the Forest Service in forest, range, and watershed management
research through investigations, experiments, tests, or such other
means as he may deem advisable, and in order to aid in obtaining
the fullest cooperation from States and other public and private
agencies, organizations, institutions, and individuals, in
effectuating such research the Secretary of Agriculture is
authorized in accordance with such regulations as he may issue and
when in his judgment such cooperative work will be stimulated or
facilitated to make funds available to the cooperators without
regard to the provisions of section 3324(a) and (b) of title 31,
prohibiting advances of public moneys.
-SOURCE-
(Apr. 24, 1950, ch. 97, Sec. 20, as added Apr. 6, 1956, ch. 176, 70
Stat. 100.)
-COD-
CODIFICATION
''Section 3324(a) and (b) of title 31'' substituted in text for
''section 3648, Revised Statutes (31 U.S.C. 529)'' on authority of
Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31, Money and Finance.
-CITE-
16 USC Sec. 581j 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-HEAD-
Sec. 581j. Congressional declaration of policy on reforestation and
revegetation
-STATUTE-
It is the declared policy of the Congress to accelerate and
provide a continuing basis for the needed reforestation and
revegetation of national-forest lands and other lands under
administration or control of the Forest Service of the Department
of Agriculture in order to obtain the benefits hereinbefore
enumerated.
-SOURCE-
(Oct. 11, 1949, ch. 674, Sec. 1, 63 Stat. 763.)
-REFTEXT-
REFERENCES IN TEXT
The benefits hereinbefore enumerated, referred to in text, means
the benefits enumerated in the preamble to Joint Res. 53, Oct. 11,
1949, ch. 674, 63 Stat. 762. The preamble is set out as a note
below.
-TRANS-
TRANSFER OF FUNCTIONS
Functions of all officers, agencies, and employees of Department
of Agriculture transferred with certain exceptions, to Secretary of
Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4,
1953, 18 F.R. 3219, 67 Stat. 633, set out as a note in Appendix to
Title 5, Government Organization and Employees.
-MISC5-
PREAMBLE
The preamble to act Oct. 11, 1949, provided that:
''Whereas the national forests of the United States contain
approximately eighty million acres of the Nation's commercial
timber lands and approximately eighty-three million acres of the
Nation's important grazing lands; and
''Whereas these national-forest lands comprise the principal
source of water supply for domestic, irrigation, and industrial
purposes for thousands of communities, farms, and industries, and
good forest and other vegetative cover is essential for watershed
protection; and
''Whereas these lands annually supply approximately four billion
board-feet of forest products through twenty-seven thousand sales
transactions and the demand for national forest timber is steadily
increasing; and
''Whereas these lands are the sole or main source of summer range
for ten million cattle and sheep grazed by thirty thousand
livestock permittees whose livelihood is wholly or partially
dependent upon livestock grazed on national-forest ranges; and
''Whereas these lands contain over four million acres of denuded
and unsatisfactorily stocked timberlands and an additional four
million acres of seriously depleted range lands; and
''Whereas all of these lands are potentially capable of producing
an important part of the timber and forage needs of local
communities, and contributing to the protection of watersheds,
thereby alleviating flood damage and insuring a continuing water
supply, increasing opportunity for local employment, bringing
greater stability to local communities, and increasing returns to
counties in the national forests from their share of national
forests receipts, together with other benefits; and
''Whereas these lands will not restock or revegetate
satisfactorily or within a reasonable time except through
reforestation and revegetation or other measures to induce
restocking or revegetation; and
''Whereas it is practical to reforest these denuded and
unsatisfactorily stocked timber lands and revegetate these
seriously depleted range lands in a period of fifteen years; and
''Whereas it is necessary to provide reasonable continuity of
reforestation and revegetation programs in order to insure
effective, efficient, and economical operations: Therefore be it''.
-CITE-
16 USC Sec. 581k 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-HEAD-
Sec. 581k. Authorization of appropriations for reforestation and
revegetation
-STATUTE-
For the purpose of carrying out the provisions of this joint
resolution on national-forest lands and other lands under the
administration or control of the Forest Service of the Department
of Agriculture, including the acquisition of land or interests
therein for nurseries, there is authorized to be appropriated to
remain available until December 31 of the ensuing fiscal year,
$3,000,000 for the fiscal year ending June 30, 1951; $5,000,000 for
the fiscal year ending June 30, 1952; $7,000,000 for the fiscal
year ending June 30, 1953; $8,000,000 for the fiscal year ending
June 30, 1954; $10,000,000 for the fiscal year ending June 30,
1955; a like amount for each subsequent year through the fiscal
year ending June 30, 1965, and thereafter such amounts as may be
needed for reforestation; and $1,500,000 for the fiscal year ending
June 30, 1951; $1,750,000 for the fiscal year ending June 30, 1952;
$2,000,000 for the fiscal year ending June 30, 1953; $2,500,000 for
the fiscal year ending June 30, 1954; $3,000,000 for the fiscal
year ending June 30, 1955; a like amount for each subsequent year
through the fiscal year ending June 30, 1965, and thereafter such
amounts as may be needed for range revegetation.
-SOURCE-
(Oct. 11, 1949, ch. 674, Sec. 2, 63 Stat. 763.)
-REFTEXT-
REFERENCES IN TEXT
This joint resolution, referred to in text, means Joint Res. 53,
Oct. 11, 1949, ch. 674, 63 Stat. 762, which is classified to this
section and section 581j of this title.
-CITE-
16 USC Sec. 582 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER II - INVESTIGATIONS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
-HEAD-
Sec. 582. Puerto Rico; application of forest protection laws
-STATUTE-
The provisions of sections 515, 564, 565, (FOOTNOTE 1) and 569 of
this title are extended to the Territory of Puerto Rico, and the
Secretary of Agriculture is authorized to cooperate with the
appropriate officials of Puerto Rico on the same terms and
conditions as with the States: Provided, That not to exceed fifty
thousand acres of land may be acquired in Puerto Rico under section
515 of this title.
(FOOTNOTE 1) See References in Text note below.
-SOURCE-
(Mar. 3, 1931, ch. 452, 46 Stat. 1516; May 17, 1932, ch. 190, 47
Stat. 158.)
-REFTEXT-
REFERENCES IN TEXT
Sections 564 and 565 of this title, referred to in text, were
repealed by Pub. L. 95-313, Sec. 13(a)(1), July 1, 1978, 92 Stat.
374.
-CHANGE-
CHANGE OF NAME
''Puerto Rico'' substituted in text for ''Porto Rico'' pursuant
to act May 17, 1932, which is classified to section 731a of Title
48, Territories and Insular Possessions.
-CITE-
16 USC SUBCHAPTER III - RESEARCH PROGRAMS 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
.
-HEAD-
SUBCHAPTER III - RESEARCH PROGRAMS
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1672, 1673 of this
title; title 7 sections 450i, 3103, 3124a, 3311; title 40 section
525.
-CITE-
16 USC Sec. 582a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a. Congressional findings
-STATUTE-
It is recognized that research in forestry is the driving force
behind progress in developing and utilizing the resources of the
Nation's forest and related rangelands. The production,
protection, and utilization of the forest resources depend on
strong technological advances and continuing development of the
knowledge necessary to increase the efficiency of forestry
practices and to extend the benefits that flow from forest and
related rangelands. It is recognized that the total forestry
research efforts of the several State colleges and universities and
of the Federal Government are more fully effective if there is
close coordination between such programs, and it is further
recognized that forestry schools are especially vital in the
training of research workers in forestry. It is also recognized
that the provisions of this subchapter are essential to assist in
providing the research background that undergirds the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.), the Renewable Resources Extension Act of 1978 (16 U.S.C.
1671 et seq.), and the Soil and Water Resources Conservation Act of
1977 (16 U.S.C. 2001 et seq.).
-SOURCE-
(Pub. L. 87-788, Sec. 1, Oct. 10, 1962, 76 Stat. 806; Pub. L.
97-98, title XIV, Sec. 1441(a), Dec. 22, 1981, 95 Stat. 1320.)
-REFTEXT-
REFERENCES IN TEXT
The Forest and Rangeland Renewable Resources Planning Act of
1974, referred to in text, is Pub. L. 93-378, Aug. 17, 1974, 88
Stat. 476, as amended, which is classified generally to subchapter
I (Sec. 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 1600 of this title and Tables.
The Renewable Resources Extension Act of 1978, referred to in
text, is Pub. L. 95-306, June 30, 1978, 92 Stat. 349, which is
classified generally to subchapter III (Sec. 1671 et seq.) of
chapter 36 of this title. For complete classification of this Act
to the Code, see Short Title of 1978 Amendment note set out under
section 1600 of this title and Tables.
The Soil and Water Resources Conservation Act of 1977, referred
to in text, is Pub. L. 95-192, Nov. 18, 1977, 91 Stat. 1407, which
is classified generally to chapter 40 (Sec. 2001 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2001 of this title and
Tables.
-MISC2-
AMENDMENTS
1981 - Pub. L. 97-98 inserted provision relating to recognition
that provisions of this subchapter are essential to assist in
providing the research background that undergirds the Forest and
Rangeland Renewable Resources Planning Act of 1974, the Renewable
Resources Extension Act of 1978, and the Soil and Water Resources
Conservation Act of 1977.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.
SHORT TITLE
Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as amended, which is
classified generally to this subchapter, is popularly known as the
''McIntire-Stennis Act of 1962'' and also as the ''McIntire-Stennis
Cooperative Forestry Act''.
REAFFIRMATION OF MCINTIRE-STENNIS RESEARCH PROGRAM
Pub. L. 101-624, title XII, Sec. 1231, Nov. 28, 1990, 104 Stat.
3543, provided that: ''It is the sense of Congress to reaffirm the
importance of Public Law 87-788 (16 U.S.C. 582a et seq.) commonly
known as the McIntire-Stennis Cooperative Forestry Act.''
-CITE-
16 USC Sec. 582a-1 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a-1. Cooperation by Secretary of Agriculture with States;
assistance: plans, eligible institutions and amount
-STATUTE-
In order to promote research in forestry, the Secretary of
Agriculture is authorized to cooperate with the several States for
the purpose of encouraging and assisting them in carrying out
programs of forestry research.
Such assistance shall be in accordance with plans to be agreed
upon in advance by the Secretary and (a) land-grant colleges or
agricultural experiment stations established under the Morrill Act
of July 2, 1862, as amended (7 U.S.C. 301 et seq.), and the Hatch
Act of March 2, 1887, as amended (7 U.S.C. 361a et seq.), and (b)
other State-supported colleges and universities offering graduate
training in the sciences basic to forestry and having a forestry
school; however, an appropriate State representative designated by
the State's Governor shall, in any agreement drawn up with the
Secretary of Agriculture for the purposes of this subchapter,
certify those eligible institutions of the State which will qualify
for assistance and shall determine the proportionate amounts of
assistance to be extended these certified institutions. If more
than one institution within a State are certified as qualifying for
assistance, then it shall be the responsibility of such
institutions, in agreement with the Secretary, to develop
complementary programs of forestry research for the State.
-SOURCE-
(Pub. L. 87-788, Sec. 2, Oct. 10, 1962, 76 Stat. 806; Pub. L.
97-98, title XIV, Sec. 1441(b), Dec. 22, 1981, 95 Stat. 1320.)
-REFTEXT-
REFERENCES IN TEXT
The Morrill Act of July 2, 1862, as amended, referred to in text,
is act July 2, 1862, ch. 130, 12 Stat. 503, as amended, which is
classified generally to subchapter I (Sec. 301 et seq.) of chapter
13 of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 301 of
Title 7 and Tables.
The Hatch Act of March 2, 1887, as amended, referred to in text,
is act Mar. 2, 1887, ch. 314, 24 Stat. 440, as amended, which is
classified generally to sections 361a to 361i of Title 7. For
complete classification of this Act to the Code, see Short Title
note set out under section 361a of Title 7 and Tables.
-MISC2-
AMENDMENTS
1981 - Pub. L. 97-98 inserted provision that if more than one
institution within a State are certified as qualifying for
assistance, then it shall be the responsibility of such
institutions, in agreement with the Secretary, to develop
complimentary programs of forestry research for the State.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.
-CITE-
16 USC Sec. 582a-2 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a-2. Authorization of appropriations; other allotments and
grants
-STATUTE-
To enable the Secretary to carry out the provisions of this
subchapter there are authorized to be appropriated such sums as the
Congress may from time to time determine to be necessary but not
exceeding in any one fiscal year one-half the amount appropriated
for Federal forestry research conducted directly by the Department
of Agriculture for the fiscal year preceding the year in which the
budget is presented for such appropriation. Funds appropriated and
made available to the States under this subchapter shall be in
addition to allotments or grants that may be made under other
authorizations.
-SOURCE-
(Pub. L. 87-788, Sec. 3, Oct. 10, 1962, 76 Stat. 806.)
-CITE-
16 USC Sec. 582a-3 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a-3. Matching funds; reapportionment to other qualifying
institutions; reductions
-STATUTE-
The amount paid by the Federal Government to any State-certified
institutions eligible for assistance under this subchapter shall
not exceed during any fiscal year the amount available to and
budgeted for expenditure by such college or university during the
same fiscal year for forestry research from non-Federal sources,
except that for the fiscal years ending June 30, 1971, and June 30,
1972, the matching funds requirement hereof shall not be applicable
to the Virgin Islands and Guam, and sums authorized for such years
for the Virgin Islands and Guam may be used to pay the total cost
of programs for forestry research. The Secretary is authorized to
make such expenditures on the certificate of the appropriate
official of the college or university having charge of the forestry
research for which the expenditures as herein provided are to be
made. If any or all of the colleges or universities certified for
receipt of funds under this subchapter fails to make available and
budget for expenditure for forestry research in any fiscal year
sums at least as much as the amount for which it would be eligible
for such year under this subchapter, the difference between the
Federal funds available and the funds made available and budgeted
for expenditure by the college or university shall be reapportioned
by the Secretary to other eligible colleges or universities of the
same State if there be any which qualify therefor and, it there be
none, the Secretary shall reapportion such differences to the
qualifying colleges and universities of other States participating
in the forestry research program. If in any year the amount made
available by a State from its own funds (including any
revenue-sharing funds) to a State-certified institution eligible
for assistance under this subchapter is reduced because of an
increase in the allotment made available under this subchapter, the
allotment of such State-certified institution from the next
succeeding appropriation shall be reduced in an equivalent amount.
The Secretary shall reapportion the amount of such reduction to
other eligible colleges and universities of the same State if there
be any that qualify therefor and, if there be none, the Secretary
shall reapportion such amount to the qualifying colleges and
universities of other States participating in the forestry research
program.
-SOURCE-
(Pub. L. 87-788, Sec. 4, Oct. 10, 1962, 76 Stat. 806; Pub. L.
92-318, title V, Sec. 506(i), June 23, 1972, 86 Stat. 351; Pub. L.
97-98, title XIV, Sec. 1442(b), Dec. 22, 1981, 95 Stat. 1321.)
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-98 inserted provision that if, in any year, the
amount made available by a State from its own funds (including any
revenue-sharing funds) to a State-certified institution eligible
for assistance is reduced because of an increase in the available
allotment, the allotment of such State-certified institution from
the next succeeding appropriation be reduced in an equivalent
amount and that the Secretary reapportion the amount of such
reduction to other eligible colleges and universities of the same
State if there be any that qualify therefor and, if there be none,
the Secretary reapportion such amount to the qualifying colleges
and universities of other States participating in the forestry
research program.
1972 - Pub. L. 92-318 provided that for fiscal years ending June
30, 1971, and June 30, 1972, the matching funds requirement shall
not be applicable to the Virgin Islands and Guam and sums
authorized for such years for the Virgin Islands and Guam may be
used to pay the total cost of programs for forestry research.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as an Effective Date note
under section 326a of Title 7, Agriculture.
-CITE-
16 USC Sec. 582a-4 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a-4. Regulations; advice and assistance; appointment,
membership, etc., of council
-STATUTE-
(a) Regulations and assistance
The Secretary shall prescribe such regulations as may be
necessary to carry out this subchapter and to furnish such advice
and assistance through a cooperative State forestry research unit
in the Department as will best promote the purposes of this
subchapter.
(b) Advisory council
The Secretary shall appoint a council of not fewer than sixteen
members which shall be constituted to give representation to
Federal and State agencies concerned with developing and utilizing
the Nation's forest resources, the forest industries, the forestry
schools of the State-certified eligible institutions, State
agricultural experiment stations, and volunteer public groups
concerned with forests and related natural resources. The council
shall meet at least annually and shall submit a report to the
Secretary on regional and national planning and coordination of
forestry research within the Federal and State agencies, forestry
schools, and the forest industries, and shall advise the Secretary
on the apportionment of funds. The Secretary shall seek, at least
once each year, the advice of the council to accomplish efficiently
the purposes of this subchapter.
-SOURCE-
(Pub. L. 87-788, Sec. 5, Oct. 10, 1962, 76 Stat. 807; Pub. L.
97-98, title XIV, Sec. 1441(c), Dec. 22, 1981, 95 Stat. 1320.)
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-98 substituted provisions directing the
Secretary to promulgate necessary regulations, furnish necessary
advice and assistance, and appoint a council of no fewer than
sixteen members in order to give representation to Federal and
State agencies in developing cooperative State forestry programs
for provisions which had directed the Secretary to make
apportionments among participating States only after consulting
with a national advisory board of not less than seven officials of
the forestry schools of the State-certified eligible colleges and
universities chosen by a majority of such schools. See section
582a-5 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.
TERMINATION OF ADVISORY COUNCILS
Advisory councils established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a council
established by the President or an officer of the Federal
Government, such council is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a council
established by the Congress, its duration is otherwise provided for
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 582a-5, 582a-8 of this
title.
-CITE-
16 USC Sec. 582a-5 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a-5. Apportionments, advice, criteria, etc.
-STATUTE-
Apportionments among participating States shall be determined by
the Secretary after consultation with the council appointed under
section 582a-4 of this title. In making such apportionments,
consideration shall be given to pertinent factors including
non-Federal expenditures for forestry research by State-certified
eligible institutions, areas of non-Federal commercial forest land,
and the volume of timber cut annually. Three per centum of such
funds as may be appropriated shall be made available to the
Secretary for administration of this subchapter. These
administrative funds may be used for transportation of scientists
who are not officers or employees of the United States to research
meetings convened for purposes of assessing research opportunities
or research planning.
-SOURCE-
(Pub. L. 87-788, Sec. 6, Oct. 10, 1962, 76 Stat. 807; Pub. L.
97-98, title XIV, Sec. 1441(c), Dec. 22, 1981, 95 Stat. 1320.)
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-98 substituted provisions directing the
Secretary to make apportionments among participating States only
after consultation with the council appointed under section 582a-4
of this title, enumerating the factors to be considered in making
apportionments, and authorizing the expenditure of funds to
transport scientists to research meetings for provisions which had
authorized the Secretary to prescribe necessary rules and
regulations, to furnish necessary advice and assistance, and to
appoint an advisory committee. See section 582a-4 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.
-CITE-
16 USC Sec. 582a-6 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a-6. Scope of forestry research
-STATUTE-
The term ''forestry research'' as used in this subchapter shall
include investigations relating to: (1) Reforestation and
management of land for the production of crops of timber and other
related products of the forest; (2) management of forest and
related watershed lands to improve conditions of waterflow and to
protect resources against floods and erosion; (3) management of
forest and related rangeland for production of forage for domestic
livestock and game and improvement of food and habitat for
wildlife; (4) management of forest lands for outdoor recreation;
(5) protection of forest land and resources against fire, insects,
diseases, or other destructive agents; (6) utilization of wood and
other forest products; (7) development of sound policies for the
management of forest lands and the harvesting and marketing of
forest products; and (8) such other studies as may be necessary to
obtain the fullest and most effective use of forest resources.
-SOURCE-
(Pub. L. 87-788, Sec. 7, Oct. 10, 1962, 76 Stat. 807.)
-CITE-
16 USC Sec. 582a-7 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a-7. ''State'' defined
-STATUTE-
The term ''State'' as used in this subchapter shall include
Puerto Rico, the Virgin Islands, and Guam.
-SOURCE-
(Pub. L. 87-788, Sec. 8, Oct. 10, 1962, 76 Stat. 807; Pub. L.
92-318, title V, Sec. 506(j), June 23, 1972, 86 Stat. 351.)
-MISC1-
AMENDMENTS
1972 - Pub. L. 92-318 inserted reference to Virgin Islands and
Guam.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as an Effective Date note
under section 326a of Title 7, Agriculture.
-CITE-
16 USC Sec. 582a-8 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER III - RESEARCH PROGRAMS
-HEAD-
Sec. 582a-8. Competitive forestry, natural resources, and
environmental grants program
-STATUTE-
(a) Establishment
The Secretary of Agriculture (hereafter referred to in this
section as the ''Secretary'') shall establish a competitive
forestry, natural resources, and environmental grant program to
award grants for the conduct of research as described in subsection
(c) of this section.
(b) Eligible entities
To be eligible to receive a grant under subsection (a) of this
section, an entity shall -
(1) be a State agricultural experiment station, a college or
university, a research institution or organization, a Federal
agency, a private organization, or a corporation that has a
demonstrable capacity to conduct forestry, natural resources, and
environmental research as determined by the Secretary; and
(2) prepare and submit to the Secretary, an application at such
time, in such manner, and containing such information as the
Secretary shall require, including the proposed use of the
amounts that may be received under a grant.
(c) Use
In awarding the initial grants under subsection (a) of this
section the Secretary shall give priority to applicants who will
use such grants for research concerning -
(1) the biology of forest organisms, including physiology,
genetic mechanisms, and biotechnology;
(2) ecosystem function and management, including forest
ecosystem research, biodiversity, forest productivity, pest
management, water resources, and alternative silvicultural
systems;
(3) wood as a raw material, including forest products and
harvesting;
(4) human forest interactions, including outdoor recreation,
public policy formulation, economics, sociology, and
administrative behavior;
(5) international trade, competition, and cooperation related
to forest products;
(6) alternative native crops, products, and services that can
be produced from renewable natural resources associated with
privately held forest lands;
(7) viable economic production and marketing systems for
alternative natural resource products and services;
(8) economic and environmental benefits of various conservation
practices on forest lands;
(9) genetic tree improvement; and
(10) market expansion.
(d) Facilities and equipment
(1) Authority
Grants made under this section may be used to update research
facilities and equipment available to facilitate the conduct of
state-of-the-art research in forestry, natural resources, and the
environment.
(2) Priorities and criteria
The Secretary, in consultation with the Cooperative Forestry
Research Council appointed under section 582a-4(b) of this title,
may develop criteria and priorities for the awarding of grants
for use under paragraph (1).
(e) Recommendations
The Secretary shall request the Cooperative Forestry Research
Council referred to in subsection (d)(2) of this section to provide
recommendations regarding grant priorities.
(f) Term
The Secretary may make grants under this section for periods of
not to exceed 5 years.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out this section.
-SOURCE-
(Pub. L. 101-624, title XII, Sec. 1232, Nov. 28, 1990, 104 Stat.
3543.)
-COD-
CODIFICATION
Section was enacted as part of the Forest Stewardship Act of 1990
and as part of the Food, Agriculture, Conservation, and Trade Act
of 1990, and not as part of the McIntire-Stennis Act of 1962 which
comprises this subchapter.
-CITE-
16 USC SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
.
-HEAD-
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-CITE-
16 USC Sec. 583 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583. Establishment of sustained-yield units to stabilize
forest industries, employment, communities and taxable wealth
-STATUTE-
In order to promote the stability of forest industries, of
employment, of communities, and of taxable forest wealth, through
continuous supplies of timber; in order to provide for a continuous
and ample supply of forest products; and in order to secure the
benefits of forests in maintenance of water supply, regulation of
stream flow, prevention of soil erosion, amelioration of climate,
and preservation of wildlife, the Secretary of Agriculture and the
Secretary of the Interior are severally authorized to establish by
formal declaration, when in their respective judgments such action
would be in the public interest, cooperative sustained-yield units
which shall consist of federally owned or administered forest land
under the jurisdiction of the Secretary establishing the unit and,
in addition thereto, land which reasonably may be expected to be
made the subject of one or more of the cooperative agreements with
private landowners authorized by section 583a of this title.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 1, 58 Stat. 132.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 583a, 583d of this title.
-CITE-
16 USC Sec. 583a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583a. Cooperative agreements with private owners; privileges
of private owners; recordation of agreements
-STATUTE-
The Secretary of Agriculture, with respect to forest land under
his jurisdiction, and the Secretary of the Interior, with respect
to forest land under his jurisdiction, are severally authorized,
for the purposes specified in section 583 of this title, to enter
into cooperative agreements with private owners of forest land
within a cooperative sustained-yield unit, established pursuant to
said section, providing for the coordinated management of such
private forest land and of federally owned or administered forest
lands within the sustained-yield unit involved. Each cooperative
agreement may give the cooperating private landowner the privilege
of purchasing without competitive bidding at prices not less than
their appraised value, subject to periodic readjustments of
stumpage rates and to such other conditions and requirements as the
Secretary may prescribe, timber and other forest products from
federally owned or administered forest land within the unit, in
accordance with the provisions of sustained-yield management plans
formulated or approved by the Secretary for the unit; shall limit
the time, rate, and method of cutting or otherwise harvesting
timber and other forest products from the land of the cooperating
private landowner, due consideration being given to the character
and condition of the timber, to the relation of the proposed
cutting to the sustained-yield plan for the unit, and to the
productive capacity of the land; shall prescribe the terms and
conditions, but not the price, upon which the cooperating private
landowner may sell to any person timber and other forest products
from his land, compliance by the purchaser with such conditions to
be required by the contract of sale; shall contain such provisions
as the Secretary deems necessary to protect the reasonable interest
of other owners of forest land within the unit; and shall contain
such other provisions as the Secretary believes necessary to carry
out the purposes of this subchapter.
Each cooperative agreement shall be placed on record in the
county or counties in which the lands of the cooperating private
landowner covered thereby are located, and the costs incident to
such recordation may be paid out of any funds available for the
protection or management of federally owned or administered forest
land within the unit. When thus recorded, the agreement shall be
binding upon the heirs, successors, and assigns of the owner of
such land, and upon purchasers of timber or other forest products
from such land, throughout the life of such cooperative agreement.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 2, 58 Stat. 132.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 583, 583d of this title.
-CITE-
16 USC Sec. 583b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583b. Establishment of sustained-yield units to stabilize sale
of timber and forest products
-STATUTE-
The Secretary of Agriculture and the Secretary of the Interior
are further severally authorized, whenever in their respective
judgments the maintenance of a stable community or communities is
primarily dependent upon the sale of timber or other forest
products from federally owned or administered forest land and such
maintenance cannot effectively be secured by following the usual
procedures in selling such timber or other forest products, to
establish by formal declaration for the purpose of maintaining the
stability of such community or communities a sustained-yield unit
consisting of forest land under the jurisdiction of the Secretary
establishing such unit, to determine and define the boundaries of
the community or communities for whose benefit such unit is
created, and to sell, subject to such conditions and requirements
as the Secretary believes necessary, federally owned or
administered timber and other forest products from such unit
without competitive bidding at prices not less than their appraised
values, to responsible purchasers within such community or
communities.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 3, 58 Stat. 133.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 583d of this title.
-CITE-
16 USC Sec. 583c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583c. Agreements between Secretaries of Agriculture and the
Interior, or with other Federal agencies having jurisdiction
over forest land
-STATUTE-
Each of the said Secretaries is further authorized in his
discretion to enter into cooperative agreements with the other
Secretary, or with any Federal agency having jurisdiction over
federally owned or administered forest land, or with any State or
local agency having jurisdiction over publicly owned or
administered forest land, providing for the inclusion of such land
in any coordinated plan of management otherwise authorized by the
provisions of this subchapter when by such a cooperative agreement
he may be aided in accomplishing the purposes of this subchapter;
but no federally or publicly owned or administered forest land not
under the jurisdiction of the Secretary establishing the
sustained-yield unit concerned shall be included in any such plan
except in pursuance of a cooperative agreement made under this
section.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 4, 58 Stat. 133.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 583d of this title.
-CITE-
16 USC Sec. 583d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583d. Notice; registered mail and publication; costs;
contents; request for hearing; time; determination and record
available for inspection
-STATUTE-
Before any sustained-yield unit authorized by section 583 or 583b
of this title shall be established, and before any cooperative
agreement authorized by section 583a or 583c of this title shall be
entered into, advance notice thereof shall be given by registered
mail or by certified mail to each landowner whose land is proposed
to be included and by publication in one or more newspapers of
general circulation in the vicinity of the place where the timber
is located, and the costs incident to such publication may be paid
out of any funds available for the protection or management of the
federally owned or administered forest land involved. This notice
shall state: (1) the location of the proposed unit; (2) the name of
each proposed cooperator; (3) the duration of the proposed
cooperative agreement or agreements; (4) the location and estimated
quantity of timber on the land of each proposed cooperator and on
the Federal land involved; (5) the expected rate of cutting of such
timber; and (6) the time and place of a public hearing to be held
not less than thirty days after the first publication of said
notice for the presentation of the advantages and disadvantages of
the proposed action to the community or communities affected.
Before any sale agreement made without competition and involving
more than $500 in stumpage value of federally owned or administered
timber shall be entered into under this subchapter, advance notice
thereof shall be given by publication once weekly for four
consecutive weeks in one or more newspapers of general circulation
in the vicinity of the place where the timber is located, and the
costs incident to such publication may be paid out of any funds
available for the protection or management of federally owned or
administered forest land within the unit concerned. This notice
shall state: (1) the quantity and appraised value of the timber;
(2) the time and place of a public hearing to be held not less than
thirty days after the first publication of said notice if requested
by the State or county where the timber is located or by any other
person deemed to have a reasonable interest in the proposed sale or
in its terms; and (3) the place where any request for a public
hearing shall be made. Such requests need be considered only if
received at the place designated in the notice not later than
fifteen days after the first publication of such notice. If a
request for a hearing is received within the time designated,
notice of the holding of the hearing shall be given not less than
ten days before the time set for such hearing, in the same manner
as provided for the original notice.
The determination made by the Secretary having jurisdiction upon
the proposals considered at any such hearing, which determination
may include the modification of the terms of such proposals,
together with the minutes or other record of the hearing, shall be
available for public inspection during the life of any coordinated
plan of management or agreement entered into in consequence of such
determination.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 5, 58 Stat. 133; Pub. L. 86-507, Sec.
1(17), June 11, 1960, 74 Stat. 201.)
-MISC1-
AMENDMENTS
1960 - Pub. L. 86-507 inserted ''or by certified mail'' after
''registered mail''.
-CITE-
16 USC Sec. 583e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583e. Remedies against private owners; jurisdiction; final
orders; ''owner'' defined
-STATUTE-
In addition to any other remedy available under existing law,
upon failure of any private owner of forest land which is subject
to a cooperative agreement entered into pursuant to this subchapter
to comply with the terms of such agreement, or upon failure of any
purchaser of timber or other forest products from such land to
comply with the terms and conditions required by such agreement to
be included in the contract of sale, the Attorney General, at the
request of the Secretary concerned, is authorized to institute
against such owner or such purchaser a proceeding in equity in the
proper district court of the United States, to require compliance
with the terms and conditions of said cooperative agreement; and
jurisdiction is conferred upon said district courts to hear and
determine such proceedings, to order compliance with the terms and
conditions of cooperative agreements entered into pursuant to this
subchapter, and to make such temporary and final orders as shall be
deemed just in the premises. As used in this section the term
''owner'' shall include the heirs, successors, and assigns of the
landowner entering into the cooperative agreements.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 6, 58 Stat. 134.)
-CITE-
16 USC Sec. 583f 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583f. ''Federally owned or administered forest land'' defined
-STATUTE-
Whenever used in this subchapter, the term ''federally owned or
administered forest land'' shall be construed to mean forest land
in which, or in the natural resources of which, the United States
has a legal or equitable interest of any character sufficient to
entitle the United States to control the management or disposition
of the timber or other forest products thereon, except land
heretofore or hereafter reserved or withdrawn for purposes which
are inconsistent with the exercise of the authority conferred by
this subchapter; and shall include trust or restricted Indian land,
whether tribal or allotted, except that such land shall not be
included without the consent of the Indians concerned.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 7, 58 Stat. 134.)
-CITE-
16 USC Sec. 583g 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583g. Rules and regulations; delegation of powers and duties
-STATUTE-
The Secretary of Agriculture and the Secretary of the Interior
may severally prescribe such rules and regulations as may be
appropriate to carry out the purposes of this subchapter. Each
Secretary may delegate any of his powers and duties under this
subchapter to other officers or employees of his Department.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 8, 58 Stat. 134.)
-CITE-
16 USC Sec. 583h 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583h. Prior acts as affecting or affected by subchapter
-STATUTE-
Nothing contained in this subchapter shall be construed to
abrogate or curtail any authority conferred upon the Secretary of
Agriculture or the Secretary of the Interior by any Act relating to
management of federally owned or administered forest lands, and
nothing contained in any such Acts shall be construed to limit or
restrict any authority conferred upon the Secretary of Agriculture
or the Secretary of the Interior by this subchapter.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 9, 58 Stat. 134.)
-CITE-
16 USC Sec. 583i 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER IV - SUSTAINED-YIELD FOREST MANAGEMENT
-HEAD-
Sec. 583i. Authorization of appropriations
-STATUTE-
Funds available for the protection or management of Federally
owned or administered forest land within the unit concerned may
also be expended in carrying out the purposes of this subchapter,
and there are authorized to be appropriated such additional sums
for the purposes of this subchapter as the Congress may from time
to time deem necessary, but such additional sums shall not exceed
$150,000 for the Department of Agriculture and $50,000 for the
Department of the Interior, for any fiscal year.
-SOURCE-
(Mar. 29, 1944, ch. 146, Sec. 10, 58 Stat. 135.)
-CITE-
16 USC SUBCHAPTER V - FOREST FOUNDATION 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
.
-HEAD-
SUBCHAPTER V - FOREST FOUNDATION
-CITE-
16 USC Sec. 583j 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j. Establishment and purposes of Foundation
-STATUTE-
(a) Establishment
There is established the National Forest Foundation (hereinafter
referred to as the ''Foundation'') as a charitable and nonprofit
corporation domiciled in the District of Columbia.
(b) Purposes
The purposes of the Foundation are to -
(1) encourage, accept, and administer private gifts of money,
and of real and personal property for the benefit of, or in
connection with, the activities and services of the Forest
Service of the Department of Agriculture;
(2) undertake and conduct activities that further the purposes
for which units of the National Forest System are established and
are administered and that are consistent with approved forest
plans; and
(3) undertake, conduct and encourage educational, technical and
other assistance, and other activities that support the multiple
use, research, cooperative forestry and other programs
administered by the Forest Service.
(c) Limitation and conflicts of interests
(1) The Foundation shall not participate or intervene in a
political campaign on behalf of any candidate for public office.
(2) No director, officer, or employee of the Foundation shall
participate, directly or indirectly, in the consideration or
determination of any question before the Foundation affecting -
(A) the financial interests of the director, officer, or
employee; or
(B) the interests of any corporation partnership, entity, or
organization in which such director, officer, or employee -
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial interest.
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 402, Nov. 16, 1990, 104 Stat.
2970.)
-MISC1-
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103-106, Sec. 1, Oct. 12, 1993, 107 Stat. 1031, provided
that: ''This Act (amending sections 583j-3 and 583j-8 of this title
and enacting provisions set out as a note under section 583j-3 of
this title) may be cited as the 'National Forest Foundation Act
Amendment Act of 1993'.''
SHORT TITLE
Section 401 of title IV of Pub. L. 101-593 provided that: ''This
title (enacting this subchapter) may be cited as the 'National
Forest Foundation Act'.''
-CITE-
16 USC Sec. 583j-1 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-1. Board of Directors of Foundation
-STATUTE-
(a) Establishment and membership
The Foundation shall have a governing Board of Directors
(hereinafter referred to as the ''Board''), which shall consist of
fifteen Directors, each of whom shall be a United States citizen.
At the discretion of the Secretary of Agriculture, the Secretary
may increase the number of Directors to not more than twenty. At
all times, a majority of members of the Board shall be educated or
have actual experience in natural or cultural resource management,
law, or research. To the extent practicable, members of the Board
shall represent diverse points of view relating to natural and
cultural resource issues. The Chief of the Forest Service shall be
an ex officio nonvoting member of the Board.
(b) Appointment and terms
Within one year from November 16, 1990, the Secretary of
Agriculture (hereinafter referred to as the ''Secretary'') shall
appoint the Directors of the Board. Directors shall be appointed
for terms of six years; except that the Secretary, in making the
initial appointments to the Board, shall appoint one-third each of
the Directors to terms of two, four, and six years respectively. A
vacancy on the Board shall be filled within sixty days of such
vacancy in the manner in which the original appointment was made.
No individual may serve more than twelve consecutive years as a
Director.
(c) Chairman
The Chairman shall be elected by the Board from its members. A
chairman shall serve for a two-year term, and may be re-elected to
the post during his tenure as a Director.
(d) Quorum
A majority of the current voting membership of the Board shall
constitute a quorum for the transaction of business.
(e) Meetings
The Board shall meet at the call of the Chairman at least once a
year. If a Director misses three consecutive regularly scheduled
meetings, that individual may be removed from the Board by majority
vote of the Board of Directors and that vacancy filled in
accordance with subsection (b) of this section.
(f) Reimbursement of expenses
Voting members of the Board shall serve without pay, but may be
reimbursed for the actual and necessary traveling and subsistence
expenses incurred by them in the performance of their duties for
the Foundation. Such reimbursement may not exceed such amount as
would be authorized under section 5703 of title 5 for the payment
of expenses and allowances for individuals employed intermittently
in the Federal Government service.
(g) General powers
The Board may complete the organization of the Foundation by
appointing employees, adopting a constitution and bylaws consistent
with the purposes of the Foundation and the provisions of this
subchapter, and undertaking other such acts as may be necessary to
function and to carry out the provisions of this subchapter.
(h) Officers and employees
Officers and employees may not be appointed until the Foundation
has sufficient funds to pay for their services. Officers and
employees of the Foundation shall be appointed without regard to
the provisions of title 5 governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates.
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 403, Nov. 16, 1990, 104 Stat.
2970; Pub. L. 107-63, title II, Nov. 5, 2001, 115 Stat. 450.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsec. (g), was in the original
''this subtitle'' and was translated as reading ''this title'',
meaning title IV of Pub. L. 101-593, Nov. 16, 1990, 104 Stat. 2969,
known as the National Forest Foundation Act, which does not contain
subtitles, and which is classified generally to this subchapter.
For complete classification of title IV to the Code, see Short
Title note set out under section 583j of this title and Tables.
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (h), are classified
generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
-MISC2-
AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-63 inserted ''At the discretion
of the Secretary of Agriculture, the Secretary may increase the
number of Directors to not more than twenty.'' after first
sentence.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 583j-3 of this title.
-CITE-
16 USC Sec. 583j-2 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-2. Corporate powers and obligations
-STATUTE-
(a) In general
The Foundation -
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States and in foreign
countries;
(3) shall have its principal offices in the Washington, D.C.
metropolitan area; and
(4) shall at all times maintain a designated agent in the
District of Columbia authorized to accept service of process for
the Foundation.
(b) Notice and service of process
The serving of notice to, or service of process upon, the agent
required under this paragraph, (FOOTNOTE 1) or mailed to the
business address of such agent, shall be deemed as service upon or
notice to the Foundation.
(FOOTNOTE 1) So in original. Probably should be ''this
section,''.
(c) Seal
The Foundation shall have an official seal selected by the Board
which shall be judicially noticed.
(d) Powers
To carry out its purposes, the Foundation shall have, in addition
to powers otherwise authorized under this subchapter, the usual
powers of a corporation in the District of Columbia, including the
power to -
(1) accept, receive, solicit, hold, administer and use any
gift, devise, or bequest, either absolutely or in trust, or real
or personal property or any income therefrom or other interest
therein;
(2) acquire by donation, gift, devise, purchase or exchange any
real or personal property or interest therein;
(3) unless otherwise required by the instrument of transfer,
sell, donate, lease, invest, reinvest, retain or otherwise
dispose of any property or income therefrom;
(4) borrow money and issue bonds, debentures, or other debt
instruments;
(5) sue and be sued, and complain and defend itself in any
court of competent jurisdiction (except that the Directors of the
Board shall not be personally liable, except for gross
negligence);
(6) enter into contracts or other arrangements with public
agencies, private organizations, and persons and to make such
payments as may be necessary to carry out the purposes thereof;
and
(7) do any and all acts necessary and proper to carry out the
purposes of the Foundation.
(e) Property
(1) The Foundation may acquire, hold and dispose of lands,
waters, or other interests in real property by donation, gift,
devise, purchase or exchange. For the purposes of this subchapter,
an interest in real property shall include, but not be limited to,
mineral and water rights, rights of way, and easements appurtenant
or in gross. A gift, devise, or bequest may be accepted by the
Foundation even though it is encumbered, restricted, or subject to
beneficial interests of private persons if any current or future
interest therein is for the benefit of the Foundation.
(2) No lands or waters, or interests therein, that are owned by
the Foundation and are determined by the Chief of the United States
Forest Service to be valuable for purposes established in this
subchapter shall be subject to condemnation by any State or
political subdivision, or any agent or instrumentality thereof.
(3) The Foundation and any income or property received or owned
by it, and all transactions relating to such income or property,
shall be exempt from all Federal, State, and local taxation with
respect thereto.
(4) Contributions, gifts, and other transfers made to or for the
use of the Foundation shall be treated as contributions, gifts, or
transfers to an organization exempt from taxation under section
501(c)(3) of title 26.
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 404, Nov. 16, 1990, 104 Stat.
2971.)
-CITE-
16 USC Sec. 583j-3 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-3. Administrative services and support
-STATUTE-
(a) Startup funds
For purposes of assisting the Foundation in establishing an
office and meeting initial administrative, project, and other
startup expenses, the Secretary is authorized to provide to the
Foundation $500,000, from funds appropriated pursuant to section
583j-8(a) of this title, per year for the two years beginning
October 1, 1992. Such funds shall remain available to the
Foundation until they are expended for authorized purposes.
(b) Matching funds
In addition to the startup funds provided under subsection (a) of
this section, for a period of five years beginning October 1, 1992,
the Secretary is authorized to provide matching funds for
administrative and project expenses incurred by the Foundation as
authorized by section 583j-8(b) of this title including
reimbursement of expenses under section 583j-1 of this title, not
to exceed then current Federal Government per diem rates.
(c) Administrative expenses
At any time, the Secretary may provide the Foundation use of
Department of Agriculture personnel, facilities, and equipment,
with partial or no reimbursement, with such limitations and on such
terms and conditions as the Secretary shall establish.
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 405, Nov. 16, 1990, 104 Stat.
2972; Pub. L. 103-106, Sec. 3(a), Oct. 12, 1993, 107 Stat. 1031.)
-MISC1-
AMENDMENTS
1993 - Subsec. (a). Pub. L. 103-106, Sec. 3(a)(1), inserted '',
project,'' after ''administrative'' and substituted ''beginning
October 1, 1992'' for ''following November 16, 1990''.
Subsec. (b). Pub. L. 103-106, Sec. 3(a)(2), substituted
''beginning October 1, 1992'' for ''from November 16, 1990'' and
inserted ''and project'' after ''administrative''.
PURPOSE OF PUB. L. 103-106
Section 2 of Pub. L. 103-106 provided that: ''It is the purpose
of this Act (see Short Title of 1993 Amendment note set out under
section 583j of this title) -
''(1) to provide for start-up and matching funds for project
expenses to carry out the National Forest Foundation Act (16
U.S.C. 583j et seq.); and
''(2) to extend the funding authorization for start-up expenses
for 1 year.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 583j-8 of this title.
-CITE-
16 USC Sec. 583j-4 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-4. Volunteers
-STATUTE-
The Secretary may accept, without regard to the civil service
classification laws, rules and regulations, any director, officer,
employee or agent of the Foundation as a volunteer for purposes of
the Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a
through 558d; 86 Stat. 147).
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 406, Nov. 16, 1990, 104 Stat.
2973.)
-REFTEXT-
REFERENCES IN TEXT
The civil service classification laws, referred to in text,
probably should refer to civil service and classification laws.
The civil service laws are set forth in Title 5, Government
Organization and Employees. See, particularly, section 3301 et seq.
of Title 5. The classification laws are set forth in chapter 51 and
subchapter III of chapter 53 of Title 5.
The Volunteers in the National Forests Act of 1972, referred to
in text, is Pub. L. 92-300, May 18, 1972, 86 Stat. 147, as amended,
which is classified generally to section 558a et seq. of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 558a of this title and
Tables.
-CITE-
16 USC Sec. 583j-5 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-5. Audits and report requirements
-STATUTE-
(a) Audits
For purposes of section 10101 of title 36 the Foundation shall be
treated as a corporation in part B of subtitle II of title 36.
(b) Annual reports
The Foundation shall, (FOOTNOTE 1) transmit each year to Congress
a report of its proceedings and activities of the previous year,
including a full and complete statement of its receipts,
expenditures, and investments.
(FOOTNOTE 1) So in original. The comma probably should not
appear.
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 407, Nov. 16, 1990, 104 Stat.
2973.)
-COD-
CODIFICATION
In subsec. (a), ''section 10101 of title 36'' substituted for
''the Act entitled 'An Act for audit of accounts of private
corporations established under Federal law,' approved August 30,
1964 (36 U.S.C. 1101 through 1103; Public Law 88-504)'' and ''a
corporation in part B of subtitle II of title 36'' substituted for
''a private corporation established under Federal law'' on
authority of Pub. L. 105-225, Sec. 5(b), Aug. 12, 1998, 112 Stat.
1499, the first section of which enacted Title 36, Patriotic and
National Observances, Ceremonies, and Organizations.
-CITE-
16 USC Sec. 583j-6 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-6. United States release from liability
-STATUTE-
The United States shall not be liable for any debts, defaults,
acts or omissions of the Foundation nor shall the full faith and
credit of the United States extend to any obligations of the
Foundation.
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 408, Nov. 16, 1990, 104 Stat.
2973.)
-CITE-
16 USC Sec. 583j-7 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-7. Activities of Foundation and United States Forest
Service
-STATUTE-
The activities of the Foundation authorized under the provisions
of this Act shall be supplemental to and shall not preempt any
authority or responsibility of the United States Forest Service
under any other provision of law.
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 409, Nov. 16, 1990, 104 Stat.
2973.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 101-593, Nov. 16, 1990,
104 Stat. 2954, which enacted this subchapter, chapter 32A of this
title, and section 777e-1 of this title, amended sections 2910,
3702, 3709, 4403, and 4404 of this title, and enacted provisions
listed in a table of National Environmental Centers set out under
section 668dd of this title and provisions set out in notes under
section 3701 of this title and section 4321 of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Tables.
-CITE-
16 USC Sec. 583j-8 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-8. Authorization of appropriations
-STATUTE-
(a) Startup funds
For the purposes of section 583j-3 of this title, there are
authorized to be appropriated $1,000,000.
(b) Matching funds
For the purposes of section 583j-3 of this title, during the
five-year period beginning October 1, 1992, there are authorized to
be appropriated $1,000,000 annually to the Secretary of Agriculture
to be made available to the Foundation to match, on a one-for-one
basis, private contributions made to the Foundation.
-SOURCE-
(Pub. L. 101-593, title IV, Sec. 410, Nov. 16, 1990, 104 Stat.
2973; Pub. L. 103-106, Sec. 3(b), Oct. 12, 1993, 107 Stat. 1032.)
-MISC1-
AMENDMENTS
1993 - Subsec. (b). Pub. L. 103-106 substituted ''beginning
October 1, 1992'' for ''following November 16, 1990''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 583j-3 of this title.
-CITE-
16 USC Sec. 583j-9 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER V - FOREST FOUNDATION
-HEAD-
Sec. 583j-9. Federal funds
-STATUTE-
On and after November 5, 2001, the National Forest Foundation may
hold Federal funds made available but not immediately disbursed and
may use any interest or other investment income earned (before, on,
or after November 5, 2001) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, That such
investments may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.
-SOURCE-
(Pub. L. 107-63, title II, Nov. 5, 2001, 115 Stat. 450.)
-REFTEXT-
REFERENCES IN TEXT
Public Law 101-593, referred to in text, is Pub. L. 101-593, Nov.
16, 1990, 104 Stat. 2954, which enacted this subchapter, chapter
32A of this title, and section 777e-1 of this title, amended
sections 2910, 3702, 3709, 4403, and 4404 of this title, and
enacted provisions listed in a table of National Wildlife Refuges
set out under section 668dd of this title and provisions set out in
notes under section 3701 of this title and section 4321 of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Tables.
-COD-
CODIFICATION
Section was enacted as part of the Department of the Interior and
Related Agencies Appropriations Act, 2002, and not as part of the
National Forest Foundation Act which comprises this subchapter.
-MISC3-
PRIOR PROVISIONS
Provisions similar to this section were contained in the
following prior appropriation acts:
Pub. L. 106-291, title II, Oct. 11, 2000, 114 Stat. 972.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title II), Nov. 29,
1999, 113 Stat. 1535, 1501A-176.
Pub. L. 105-277, div. A, Sec. 101(e) (title II), Oct. 21, 1998,
112 Stat. 2681-231, 2681-273.
Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1577.
-CITE-
Descargar
Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |