Organic Act - Selected Portions

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[Laws in effect as of January 3, 2005]

[Document not affected by Public Laws enacted between

January 3, 2005 and June 19, 2006]

[CITE: 16USC475]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

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

and administered

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

the President of the United States under the provisions of section 471

\1\ of this title, the orders for which shall be and remain in full

force and effect, unsuspended and unrevoked, and all public lands that

may hereafter be set aside and reserved as national forests under said

section, shall be as far as practicable controlled and administered in

accordance with the following provisions. No national forest shall be

established, except to improve and protect the forest within the

boundaries, or for the purpose of securing favorable conditions of water

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

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

or intent of these provisions, or of said section, to authorize the

inclusion therein of lands more valuable for the mineral therein, or for

agricultural purposes, than for forest purposes.

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\1\ See References in Text note below.

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

References in Text

Section 471 of this title, referred to in text, was repealed by Pub.

L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.

Codification

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

``public forest reserves'' and ``public forest reservation'',

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

which provided that forest reserves shall hereafter be known as national

forests.

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 3, 2005]

[Document not affected by Public Laws enacted between

January 3, 2005 and June 19, 2006]

[CITE: 16USC551]

TITLE 16--CONSERVATION

CHAPTER 3--FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT

SUBCHAPTER I--GENERAL PROVISIONS

Sec. 551. Protection of national forests; rules and regulations

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 \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.

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\1\ See References in Text note below.

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(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.)

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.

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.

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.

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 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.

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.

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, Secs. 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. Functions and authority vested in Secretary of Energy

subsequently transferred to Federal Coordinator for Alaska Natural Gas

Transportation Projects by section 720d(f) of Title 15.

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

administration of public forests from Secretary of the Interior to

Secretary of Agriculture.

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.