16 USC 558 a-d – Volunteers in the National Forests Program

§ 551

TITLE 16—CONSERVATION

Sec.

Sec.

580d.

583d.

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.
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 Repealed or Omitted.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.
582a–1.

Congressional findings.
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.
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.
SUBCHAPTER IV—SUSTAINED-YIELD FOREST
MANAGEMENT

583.
583a.
583b.
583c.

Establishment of sustained-yield units to stabilize forest industries, employment, communities and taxable wealth.
Cooperative agreements with private owners;
privileges of private owners; recordation of
agreements.
Establishment of sustained-yield units to stabilize sale of timber and forest products.
Agreements between Secretaries of Agriculture and the Interior, or with other Federal agencies having jurisdiction over forest
land.

583e.
583f.
583g.
583h.
583i.

Page 1018

Notice; registered mail and publication;
costs; contents; request for hearing; time;
determination and record available for inspection.
Remedies against private owners; jurisdiction; final orders; ‘‘owner’’ defined.
‘‘Federally owned or administered forest
land’’ defined.
Rules and regulations; delegation of powers
and duties.
Prior acts as affecting or affected by subchapter.
Authorization of appropriations.
SUBCHAPTER V—FOREST FOUNDATION

583j.
583j–1.
583j–2.
583j–3.
583j–4.
583j–5.
583j–6.
583j–7.
583j–8.
583j–9.

Establishment and purposes of Foundation.
Board of Directors of Foundation.
Corporate powers and obligations.
Administrative services and support.
Volunteers.
Audits and report requirements.
United States release from liability.
Activities of Foundation and United States
Forest Service.
Authorization of appropriations.
Federal funds.

SUBCHAPTER I—GENERAL PROVISIONS
§ 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.
(June 4, 1897, ch. 2, § 1, 30 Stat. 35; Feb. 1, 1905,
ch. 288, § 1, 33 Stat. 628; Pub. L. 87–869, § 6, Oct. 23,
1962, 76 Stat. 1157; Pub. L. 88–537, Aug. 31, 1964, 78
Stat. 745; Pub. L. 90–578, title IV, § 402(b)(2), Oct.
17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III,
§ 321, Dec. 1, 1990, 104 Stat. 5117.)
REPEALS
Section repealed by Pub. L. 94–579, title VII,
§ 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,
1 See

References in Text note below.

Page 1019

§ 551c

TITLE 16—CONSERVATION

and was repealed by Pub. L. 94–579, title VII, § 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 (§ 631 et seq.) of Title 28.
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–286, § 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, § 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 preconstruction, 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, §§ 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.

§ 551a. Cooperation by Secretary of Agriculture
with States and political subdivisions in law
enforcement
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.
(Pub. L. 92–82, Aug. 10, 1971, 85 Stat. 303.)
§ 551b. Omitted
CODIFICATION
Section, Pub. L. 101–286, title II, § 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.

§ 551c. Planning for fire protection
(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 capa-

§ 551d

TITLE 16—CONSERVATION

bilities 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.
(Pub. L. 101–286, title II, § 203, May 9, 1990, 104
Stat. 175.)
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 (§ 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 (§ 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.
FOREST FIREFIGHTING PLANNING AND COOPERATION;
FINDINGS
Pub. L. 101–286, title II, § 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.’’

Page 1020

§ 551d. Wildland firefighter safety
(a) Definitions
In this section:
(1) Secretaries
The term ‘‘Secretaries’’ means—
(A) the Secretary of the Interior, acting
through the Directors of the Bureau of Land
Management, the United States Fish and
Wildlife Service, the National Park Service,
and the Bureau of Indian Affairs; and
(B) the Secretary of Agriculture, acting
through the Chief of the Forest Service.
(2) Wildland firefighter
The term ‘‘wildland firefighter’’ means any
person who participates in wildland firefighting activities—
(A) under the direction of either of the
Secretaries; or
(B) under a contract or compact with a
federally recognized Indian tribe.
(b) Annual report to Congress
(1) In general
The Secretaries shall jointly submit to Congress an annual report on the wildland firefighter safety practices of the Secretaries, including training programs and activities for
wildland fire suppression, prescribed burning,
and wildland fire use, during the preceding
calendar year.
(2) Timeline
Each report under paragraph (1) shall—
(A) be submitted by not later than March
of the year following the calendar year covered by the report; and
(B) include—
(i) a description of, and any changes to,
wildland firefighter safety practices, including training programs and activities
for wildland fire suppression, prescribed
burning, and wildland fire use;
(ii) statistics and trend analyses;
(iii) an estimate of the amount of Federal funds expended by the Secretaries on
wildland firefighter safety practices, including training programs and activities
for wildland fire suppression, prescribed
burning, and wildland fire use;
(iv) progress made in implementing recommendations from the Inspector General,
the Government Accountability Office, the
Occupational Safety and Health Administration, or an agency report relating to a
wildland firefighting fatality issued during
the preceding 10 years; and
(v) a description of—
(I) the provisions relating to wildland
firefighter safety practices in any Federal contract or other agreement governing the provision of wildland firefighters
by a non-Federal entity;
(II) a summary of any actions taken by
the Secretaries to ensure that the provisions relating to safety practices, including training, are complied with by the
non-Federal entity; and
(III) the results of those actions.
(Pub. L. 111–11, title III, § 3101, Mar. 30, 2009, 123
Stat. 1127.)

Page 1021

§ 553

TITLE 16—CONSERVATION

§ 552. Consent to agreement by States for conservation of forests and water supply

ing on Oct. 21, 1976, see note set out under section 1701
of Title 43, Public Lands.

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.

§ 552b. Administration of withdrawn lands; rules
and regulations

(Mar. 1, 1911, ch. 186, § 1, 36 Stat. 961.)
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.

§ 552a. Restoration of withdrawn national forest
lands to appropriation
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.
(May 28, 1940, ch. 220, § 1, 54 Stat. 224; Pub. L.
94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat.
2792.)
CODIFICATION
The words ‘‘restore any of the lands so withdrawn’’
have been changed to ‘‘restore any reserved nationalforest 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.
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., exist-

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.
(May 28, 1940, ch. 220, § 2, 54 Stat. 224.)
§ 552c. Reimbursement of United States for loss
of revenue
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.
(May 28, 1940, ch. 220, § 3, 54 Stat. 225.)
§ 552d. Punishment of violations of regulations
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.
(May 28, 1940, ch. 220, § 4, 54 Stat. 225.)
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.

§ 553. Duties of officials of Forest Service; stock
laws; protection of fish and game
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.
(May 23, 1908, ch. 192, 35 Stat. 259.)
TRANSFER OF FUNCTIONS
Functions of Secretary of Agriculture, administered
through Bureau of Biological Survey, relating to conservation of wildlife, game, and migratory birds, trans-

§ 553a

TITLE 16—CONSERVATION

Page 1022

ferred to Secretary of the Interior by Reorg. Plan No.
II of 1939, § 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.

scribed 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.

§ 553a. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 655

(Sept. 21, 1944, ch. 412, title II, § 206, 58 Stat. 736.)

Section, acts June 29, 1949, ch. 280, title I, 63 Stat. 337;
Oct. 15, 1949, ch. 695, § 6(a), 63 Stat. 881, prescribed salary of Chief Forester. See section 5316 of Title 5, Government Organization and Employees.

§ 554. Forest supervisors and rangers
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.
(Feb. 1, 1905, ch. 288, § 3, 33 Stat. 628.)
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.

§ 554a. Employees to be appointed without regard to political affiliations
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.
(July 7, 1898, ch. 571, § 1, 30 Stat. 673; Feb. 1, 1905,
ch. 288, § 1, 33 Stat. 628.)
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.

§ 554b. Medical care for employees engaged in
hazardous work; notification and transportation of employees
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.
(Sept. 21, 1944, ch. 412, title II, § 202, 58 Stat. 736;
Pub. L. 85–464, § 4, June 20, 1958, 72 Stat. 217.)
CODIFICATION
Section was enacted as a part of the Department of
Agriculture Organic Act of 1944.
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.

§ 554c. Care of employees’ graves
Appropriations for the Forest Service shall be
available within such limitations as may be pre-

CODIFICATION
Section was enacted as a part of the Department of
Agriculture Organic Act of 1944.

§ 554d. Recreation facilities for employees of Forest Service and their immediate families
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.
(Pub. L. 87–869, § 3, Oct. 23, 1962, 76 Stat. 1157;
Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat.
1944.)
AMENDMENTS
1990—Pub.
‘‘$35,000’’.

L.

101–512

substituted

‘‘$100,000’’

for

§ 554e. Employment of workers for emergencies
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.
(Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21,
1998, 112 Stat. 2681–231, 2681–273.)
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, § 101(d) [title II], Sept.
30, 1996, 110 Stat. 3009–181, 3009–208.
Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996,
110 Stat. 1321–156, 1321–185; renumbered title I, Pub. L.
104–140, § 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.

§ 555. Forest headquarters, ranger
dwellings, or other needed sites

stations,

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 ex-

Page 1023

§ 556d

TITLE 16—CONSERVATION

ceed $50,000 may be expended in any one fiscal
year pursuant to this authority.
(Mar. 3, 1925, ch. 457, § 5, 43 Stat. 1133; Apr. 24,
1950, ch. 97, § 13, 64 Stat. 86; Pub. L. 85–464, § 9,
June 20, 1958, 72 Stat. 218.)
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.

§ 555a. Exchange of lands
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.
(Pub. L. 87–869, § 1, Oct. 23, 1962, 76 Stat. 1157.)
§ 555b. Street improvements; availability of Forest Service funds
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.
(Pub. L. 87–869, § 9, Oct. 23, 1962, 76 Stat. 1157.)
§ 556. Appropriations for Forest Service; use for
transportation or traveling expenses; preparation or publication of newspaper or magazine articles
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.
(May 11, 1922, ch. 185, 42 Stat. 521; Pub. L. 85–464,
§ 8, June 20, 1958, 72 Stat. 218.)

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.

§ 556b. Use of appropriations for expenses of
transporting automobiles of employees between points in Alaska
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.
(Pub. L. 85–464, § 3, June 20, 1958, 72 Stat. 217.)
§ 556c. Reimbursement of employees for property
losses resulting from fires, floods, or other
casualties
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.
(Pub. L. 85–464, § 2, June 20, 1958, 72 Stat. 217.)
§ 556d. Advances of public moneys to Forest
Service for fighting forest fires in emergency
cases
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 Government Accountability Office.
(May 23, 1908, ch. 192, 35 Stat. 259; June 10, 1921,
ch. 18, title III, § 304, 42 Stat. 24; Pub. L. 92–310,
title II, § 231(v), June 6, 1972, 86 Stat. 211; Pub. L.
108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
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, § 1, Sept. 13,
1982, 96 Stat. 877.
AMENDMENTS
1972—Pub. L. 92–310 struck out provisions which required chiefs of field parties to give bonds.

AMENDMENTS

TRANSFER OF FUNCTIONS

1958—Pub. L. 85–464 made prohibition inapplicable to
scientific or technical articles prepared for or published
in scientific publications.

‘‘Government Accountability Office’’ substituted in
text for ‘‘General Accounting Office’’ pursuant to section 8(b) of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance, which redesignated the General Accounting Office and any references
thereto as the Government Accountability Office. Previously, ‘‘General Accounting Office’’ substituted in
text for ‘‘Treasury Department’’ pursuant to act June
10, 1921, which transferred all powers and duties con-

§ 556a. Omitted
CODIFICATION
Section, acts June 16, 1955, ch. 147, title II, § 203, 69
Stat. 156; June 13, 1956, ch. 380, title II, § 202, 70 Stat.

§ 556e

TITLE 16—CONSERVATION

ferred upon Comptroller, six auditors, and certain other
officers of the Treasury to General Accounting Office.
See section 701 et seq. of Title 31.

Page 1024
SIMILAR PROVISIONS

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) 1 of title 2, and such amounts shall
on and after November 13, 1991, be so designated.

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, § 101(d) [title II], Sept.
30, 1996, 110 Stat. 3009–181, 3009–208.
Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996,
110 Stat. 1321–156, 1321–184; renumbered title I, Pub. L.
104–140, § 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.

(Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat.
1015.)

§ 556i. Transfer of funds made available to Forest
Service

REFERENCES IN TEXT

None of the funds made available to the Forest
Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 2257 of title 7,
section 7772 of title 7, or section 8316(b) of title
7.

§ 556e. Emergency appropriations for rehabilitation and wildfire suppression

Section 901 of title 2, referred to in text, was amended, 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.

§ 556f. Expenses of student interns
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.
(Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat.
1403.)
§ 556g. Reimbursement of employee license costs
and certification fees
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.
(Pub. L. 102–381, title III, § 317, Oct. 5, 1992, 106
Stat. 1417.)
§ 556h. Recognition of private contributors to
Forest Service programs
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.
(Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21,
1998, 112 Stat. 2681–231, 2681–272.)
1 See

References in Text note below.

(Pub. L. 112–74, div. E, title III, Dec. 23, 2011, 125
Stat. 1025.)
REFERENCES IN TEXT
Section 8316(b) of title 7, referred to in text, was in
the original ‘‘section 10417(b) of Public Law 107–107 (7
U.S.C. 8316(b))’’ which was translated as meaning section 10417(b) of Pub. L. 107–171 to reflect the probable
intent of Congress.
SIMILAR PROVISIONS
Provisions similar to this section were contained in
the following prior appropriation acts:
Pub. L. 111–88, div. A, title III, Oct. 30, 2009, 123 Stat.
2944.
Pub. L. 111–8, div. E, title III, Mar. 11, 2009, 123 Stat.
733.
Pub. L. 110–161, div. F, title III, Dec. 26, 2007, 121 Stat.
2133.

§ 557. Employees of Forest Service; subsistence
furnished to; personal equipment; supplies,
and medical attention
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

Page 1025

§ 558d

TITLE 16—CONSERVATION

available to the Forest Service applicable to the
work for which such person is employed.
(Mar. 3, 1925, ch. 457, §§ 4, 6, 43 Stat. 1133; Apr. 24,
1950, ch. 97, § 15, 64 Stat. 86.)
AMENDMENTS
1950—Act Apr. 24, 1950, inserted proviso to provide
medical care for temporary employees.

§ 557a. Field season contracts; authority to make
prior to appropriation
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.
(June 30, 1932, ch. 331, 47 Stat. 473.)
§ 557b. Omitted
CODIFICATION
Section, act June 16, 1955, ch. 147, title II, § 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.

§ 558. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 642
Section, act Mar. 4, 1913, ch. 145, § 1[part], 37 Stat. 843,
related to leaves of absence to employees of Forest
Service in Alaska.

§ 558a. Volunteers in the National Forests Program
The Secretary of Agriculture (hereinafter referred to as the ‘‘Secretary’’) is authorized to recruit, train, and accept without regard to the
civil service 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.
(Pub. L. 92–300, § 1, May 18, 1972, 86 Stat. 147; Pub.
L. 103–82, title IV, § 405(d), Sept. 21, 1993, 107 Stat.
921.)
1 So in original. The word ‘‘and’’ probably should appear after
‘‘civil service’’.

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
Pub. L. 92–300, § 5, May 18, 1972, 86 Stat. 147, 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’.’’

§ 558b. Incidental expenses of program volunteers
The Secretary is authorized to provide for incidental expenses, such as transportation, uniforms, lodging, and subsistence.
(Pub. L. 92–300, § 2, May 18, 1972, 86 Stat. 147.)
§ 558c. Employment status of volunteers
(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.
(Pub. L. 92–300, § 3, May 18, 1972, 86 Stat. 147; Pub.
L. 101–286, title II, § 204(a), May 9, 1990, 104 Stat.
175.)
AMENDMENTS
1990—Subsec. (d). Pub. L. 101–286 added subsec. (d).

§ 558d. Authorization of appropriations
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.
(Pub. L. 92–300, § 4, May 18, 1972, 86 Stat. 147; Pub.
L. 95–289, § 1, June 5, 1978, 92 Stat. 289.)
AMENDMENTS
1978—Pub. L. 95–289 struck out limitation requiring
not more than $100,000 to be appropriated in any one
year.

§ 559

TITLE 16—CONSERVATION
EFFECTIVE DATE OF 1978 AMENDMENT

Pub. L. 95–289, § 2, June 5, 1978, 92 Stat. 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.’’

§ 559. Arrests by employees of Forest Service for
violations of laws and regulations
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.
(Mar. 3, 1905, ch. 1405, 33 Stat. 873; Pub. L. 90–578,
title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;
Pub. L. 91–383, § 10(a)(2), Aug. 18, 1970, as added
Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1941; Pub.
L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat.
5117.)
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,
§ 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.
AMENDMENTS
1976—Pub. L. 91–383, § 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 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 (§ 631 et seq.) of Title
28.

§ 559a. Reward for information leading to arrest
and conviction for violating laws and regulations
The Secretary of Agriculture may pay rewards
from appropriations available for the protection
and management of the national forests, under

Page 1026

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.
(Sept. 21, 1944, ch. 412, title II, § 201, 58 Stat. 736.)
CODIFICATION
Section was enacted as a part of the Department of
Agriculture Organic Act of 1944.

§ 559b. Prevention of manufacture, etc., of marijuana and other controlled substances
(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.
(Pub. L. 99–570, title XV, § 15002, Oct. 27, 1986, 100
Stat. 3207–191.)
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.
SHORT TITLE
Pub. L. 99–570, title XV, § 15001, Oct. 27, 1986, 100 Stat.
3207–191, 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, § 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;

Page 1027

‘‘(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.’’

§ 559c. Powers of officers and employees of Forest Service
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;; 1
(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.
1 So

in original.

§ 559d

TITLE 16—CONSERVATION

(Pub. L. 99–570, title XV, § 15003, Oct. 27, 1986, 100
Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(b),
Nov. 18, 1988, 102 Stat. 4363.)
AMENDMENTS
1988—Pub. L. 100–690, § 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, § 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, § 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.

§ 559d. Cooperation with other Federal, State,
and local law enforcement agencies
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.1
(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
1 So

in original. The period probably should be a semicolon.

§ 559e

TITLE 16—CONSERVATION

Controlled Substances Act [21 U.S.C. 801 et
seq.] and other offenses committed in the
course of or in connection with such violations.
(Pub. L. 99–570, title XV, § 15004, Oct. 27, 1986, 100
Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(c),
Nov. 18, 1988, 102 Stat. 4364.)
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 (§ 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.
AMENDMENTS
1988—Par. (2). Pub. L. 100–690, § 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, § 6254(c)(3), added pars.
(3) to (5).

§ 559e. Forest Service authorization
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.
(Pub. L. 99–570, title XV, § 15006, Oct. 27, 1986, 100
Stat. 3207–192; Pub. L. 100–690, title VI,
§ 6254(d)(1), Nov. 18, 1988, 102 Stat. 4364.)
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.’’

§ 559f. Approval of Secretary of Agriculture and
Attorney General
The authorities conferred herein shall be exercised pursuant to an agreement approved by the
Secretary of Agriculture and the Attorney General.
(Pub. L. 99–570, title XV, § 15007, Oct. 27, 1986, 100
Stat. 3207–192.)
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.

Page 1028

§ 559g. Designation authority of Secretary of Agriculture
(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.
(Pub. L. 99–570, title XV, § 15008, as added Pub. L.
100–690, title VI, § 6254(e), Nov. 18, 1988, 102 Stat.
4365.)
§ 560. Use of timber for telephone lines for fire
protection
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.
(Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 843.)
§ 560a. Omitted
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.

Page 1029

TITLE 16—CONSERVATION

Aug. 3, 1961, Pub. L. 87–122, title II, § 201, 75 Stat.
May 13, 1960, Pub. L. 86–455, title II, § 202, 74 Stat.
June 23, 1959, Pub. L. 86–60, title II, § 202, 73 Stat.
June 4, 1958, Pub. L. 85–439, title II, § 202, 72 Stat.
July 1, 1957, Pub. L. 85–77, title II, § 202, 71 Stat.
June 13, 1956, ch. 380, title II, § 203, 70 Stat. 270.
June 16, 1955, ch. 147, title II, § 204, 69 Stat. 156.

259.
116.
105.
168.
270.

§ 561. Repealed. Oct. 31, 1951, ch. 654, § 1(45), 65
Stat. 703
Section, act Mar. 15, 1920, ch. 100, §§ 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.

§ 562. Forest experiment station in California
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.
(Mar. 3, 1925, ch. 424, § 1, 43 Stat. 1108.)
§ 562a. Forest experiment station in Ohio and
Mississippi Valleys
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.

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.
(July 3, 1926, ch. 770, 44 Stat. 840.)
§ 563. Cooperation with States for fire protection
on private or State forest lands upon the watersheds of navigable rivers
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 forestfire 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.
(Mar. 1, 1911, ch. 186, § 2, 36 Stat. 961.)
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.

§§ 564, 565. Repealed. Pub. L. 95–313, § 16(a)(1),
formerly § 13(a)(1), July 1, 1978, 92 Stat. 374;
renumbered § 16(a)(1), Pub. L. 101–624, title
XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525
Section 564, act June 7, 1924, ch. 348, § 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, § 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, § 207, 58 Stat.
736; July 25, 1947, ch. 327, § 1, 61 Stat. 449, required cooperation between the Secretary of Agriculture and
State officials in fire protection of timbered and forestproducing lands.

(July 3, 1926, ch. 767, §§ 1, 2, 44 Stat. 838.)
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.

§ 562b. Forest experiment station in Pennsylvania
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

§ 565a

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.

§ 565a. Cooperation by Secretary of Agriculture
with Territories
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 1 of this title.
(Feb. 20, 1931, ch. 249, 46 Stat. 1200.)
1 See

References in Text note below.

§ 565a–1

TITLE 16—CONSERVATION
REFERENCES IN TEXT

Sections 564 and 565 of this title, referred to in text,
were repealed by Pub. L. 95–313, § 13(a)(1), July 1, 1978,
92 Stat. 374.

Page 1030

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.

§ 565a–1. Cooperative agreements between Secretary of Agriculture and public or private
agencies, organizations, institutions, and
persons covering Forest Service programs;
authority; funding

(Pub. L. 94–148, § 2, Dec. 12, 1975, 89 Stat. 804.)

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.

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.

(Pub. L. 94–148, § 1, Dec. 12, 1975, 89 Stat. 804.)
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,
§ 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
MUTUAL BENEFIT OF AGREEMENTS TO FOREST SERVICE
AND OTHER PARTIES
Pub. L. 108–7, div. F, title III, § 321, Feb. 20, 2003, 117
Stat. 274, as amended by Pub. L. 109–54, title IV, § 426,
Aug. 2, 2005, 119 Stat. 555; Pub. L. 110–161, div. F, title
IV, § 417, Dec. 26, 2007, 121 Stat. 2149, provided that:
‘‘Until September 30, 2010, the authority of the Secretary of Agriculture to enter into an 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. An agreement entered into under this section
shall not be subject to Public Law 95–224, Federal Grant
and Cooperative Agreement Act (1977) [see section 6301
et seq. of Title 31, Money and Finance].’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 107–63, title III, § 328, Nov. 5, 2001, 115 Stat. 470.

§ 565a–3. Agreements otherwise authorized by
law

(Pub. L. 94–148, § 3, Dec. 12, 1975, 89 Stat. 804.)
§ 565b. Transfer of fire lookout towers and other
improvements for fire control to States, political subdivisions or agencies; reversion
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.
(Pub. L. 85–464, § 5, June 20, 1958, 72 Stat. 217.)
§ 566. Repealed. Pub. L. 95–313, § 16(a)(1), formerly § 13(a)(1), July 1, 1978, 92 Stat. 374; renumbered § 16(a)(1), Pub. L. 101–624, title XII,
§ 1215(1), Nov. 28, 1990, 104 Stat. 3525
Section, acts June 7, 1924, ch. 348, § 3, 43 Stat. 653; May
5, 1944, ch. 189, 58 Stat. 216; May 5, 1972, Pub. L. 92–288,
§ 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.

§ 566a. Repealed. Pub. L. 92–288, § 3(b), May 5,
1972, 86 Stat. 134

§ 565a–2. Federal employee status of cooperators
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

Section, act Oct. 26, 1949, ch. 735, § 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.

Page 1031

TITLE 16—CONSERVATION

§ 566b. Annual appropriations; limitation on use
of other funds for the purposes of sections
564, 565, and 566 1
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 1 of this title: Provided,
That whenever the programs and activities
being carried out under the provisions of sections 564, 565, and 566 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.
(Oct. 26, 1949, ch. 735, § 4, 63 Stat. 910.)
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, § 13(a)(1), July 1,
1978, 92 Stat. 374.

§ 567. Repealed. Pub. L. 95–313, § 16(a)(1), formerly § 13(a)(1), July 1, 1978, 92 Stat. 374; renumbered § 16(a)(1), Pub. L. 101–624, title XII,
§ 1215(1), Nov. 28, 1990, 104 Stat. 3525
Section, acts June 7, 1924, ch. 348, § 4, 43 Stat. 654; Oct.
26, 1949, ch. 735, § 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.

§ 567a. Cooperation by Secretary of Agriculture
with States in acquisition and administration of State forests
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 sur1 See

References in Text note below.

§ 567b

veying 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 nationalforest 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.
(Aug. 29, 1935, ch. 808, § 1, 49 Stat. 963.)
§ 567b. Conditions and requirements for cooperation in acquisition and management of State
forests
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.

§ 567c

TITLE 16—CONSERVATION

(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,

Page 1032

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.
(Aug. 29, 1935, ch. 808, § 2, 49 Stat. 963.)
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.

§ 567c. Authorization of appropriation for cooperation in acquisition and management of
State forests
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.
(Aug. 29, 1935, ch. 808, § 3, 49 Stat. 965.)
§ 568. Cooperation by Secretary of Agriculture
with States in establishing, etc., wood lots,
shelter belts, windbreaks, etc.; limitation on
expenditure; authorization of appropriations
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 expendi-

Page 1033

tures 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.
(June 7, 1924, ch. 348, § 5, 43 Stat. 654; Oct. 26,
1949, ch. 735, § 3, 63 Stat. 910.)
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.
Act Sept. 21, 1944, ch. 412, title II, § 208, 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
Act Sept. 21, 1944, ch. 412, title II, § 209, 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.’’

§ 568a. Cooperation by Secretary of Agriculture
with Territories and other possessions
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, 567,1
and 568 of this title.
(Apr. 13, 1926, ch. 134, 44 Stat. 250.)
REFERENCES IN TEXT
Sections 566 and 567 of this title, referred to in text,
were repealed by Pub. L. 95–313, § 13(a)(1), July 1, 1978,
92 Stat. 374.

§ 568b. Repealed. Aug. 25, 1950, ch. 781, § 3, 64
Stat. 473, eff. June 30, 1951
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’’.
1 See

§ 569

TITLE 16—CONSERVATION

References in Text note below.

§§ 568c to 568e. Repealed. Pub. L. 95–313,
§ 16(a)(4), (5), formerly § 13(a)(4), (5), July 1,
1978, 92 Stat. 374; renumbered § 16(a)(4), (5),
Pub. L. 101–624, title XII, § 1215(1), Nov. 28,
1990, 104 Stat. 3525
Section 568c, acts Aug. 25, 1950, ch. 781, § 1, 64 Stat.
473; May 5, 1972, Pub. L. 92–288, § 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, § 2, 64 Stat.
473; Sept. 25, 1962, Pub. L. 87–680, 76 Stat. 569; May 5,
1972, Pub. L. 92–288, § 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, § 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, § 16(a)(4), formerly § 13(a)(4), July 1, 1978, 92 Stat.
374, renumbered § 16(a)(4), Pub. L. 101–624, title XII,
§ 1215(1), Nov. 28, 1990, 104 Stat. 3525.

§§ 568f, 568g. Omitted
CODIFICATION
Section 568f, act May 28, 1956, ch. 327, title IV, § 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, § 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, § 13(a)(5), July 1, 1978, 92 Stat. 374.

§ 569. Donations to United States of lands for timber purposes
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

§ 570

TITLE 16—CONSERVATION

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.
(June 7, 1924, ch. 348, § 7, 43 Stat. 654.)
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.

§ 570. Ascertainment by Secretary of Agriculture
of public lands valuable for stream-flow protection and report thereof
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.
(June 7, 1924, ch. 348, § 8, 43 Stat. 655.)
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.

§ 571. Repealed. Apr. 24, 1950, ch. 97, § 17(a), 64
Stat. 87
Section, act Mar. 3, 1925, ch. 457, § 2, 43 Stat. 1132, related to construction of buildings for national forest
purposes.

§§ 571a, 571b. Omitted
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

Page 1034

building improvements, was from the Department of
the Interior and Related Agencies Appropriation Act,
1959, and was not repeated in subsequent appropriation
acts.
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.

§ 571c. Erection of permanent facilities on land
not owned by United States; long term leases
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.
(Apr. 24, 1950, ch. 97, § 1, 64 Stat. 82.)
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, § 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.

§ 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
The Secretary of Agriculture is authorized,
where the public interest justifies, to cooperate

Page 1035

§ 575

TITLE 16—CONSERVATION

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.
(Mar. 3, 1925, ch. 457, § 1, 43 Stat. 1132; Apr. 24,
1950, ch. 97, § 5, 64 Stat. 83.)
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.

§ 572a. Deposits from timber purchasers to defray cost of scaling services
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.
(Sept. 21, 1944, ch. 412, title II, § 210, 58 Stat. 737.)
CODIFICATION
Section was enacted as a part of the Department of
Agriculture Organic Act of 1944.

§ 573. Repealed. Apr. 24, 1950, ch. 97, § 17(a), 64
Stat. 87
Section, act May 27, 1930, ch. 337, § 1, 46 Stat. 387, related to water supply and sanitary systems.

§ 574. Damages caused private property in protection, administration, and improvement of
national forests; reimbursement
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.
(May 27, 1930, ch. 337, § 2, 46 Stat. 387; Pub. L.
87–869, § 8, Oct. 23, 1962, 76 Stat. 1157.)
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.

§ 575. Search for lost persons, and transportation
of sick, injured, or dead persons, within national forests; authorization to incur expense
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.
(May 27, 1930, ch. 337, § 3, 46 Stat. 387.)

§ 576

TITLE 16—CONSERVATION

§ 576. Reforestation; establishment of forest tree
nurseries; tree planting; seed sowing and forest improvement work
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.
(June 9, 1930, ch. 416, § 1, 46 Stat. 527.)
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’’.

§ 576a. Authorization of appropriation for reforestation
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.
(June 9, 1930, ch. 416, § 2, 46 Stat. 527.)
§ 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
(a) The Secretary of Agriculture may, when in
his or her 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 nationalforest land cut over by the purchaser, in order to
improve the future stand of timber, (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, or (5)
watershed restoration, wildlife habitat improvement, control of insects, disease and noxious
weeds, community protection activities, and the
maintenance of forest roads, within the Forest
Service region in which the timber sale occurred: Provided, That such activities may be
performed through the use of contracts, forest
product sales, and cooperative agreements. 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 di-

Page 1036

rect. 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.
(c) 1 Any portion of the balance at the end of
a fiscal year in the special fund established pursuant to this section that the Secretary of Agriculture determines to be in excess of the cost of
doing work described in subsection (a) of this
section (as well as any portion of the balance in
the special fund that the Secretary determined,
before October 1, 2004, to be excess of the cost of
doing work described in subsection (a) of this
section, but which has not been transferred by
that date) shall be transferred to miscellaneous
receipts, National Forest Fund, as a National
Forest receipt, but only if the Secretary also determines that—
(1) the excess amounts will not be needed for
emergency wildfire suppression during the fiscal year in which the transfer would be made;
and
(2) the amount to be transferred to miscellaneous receipts, National Forest Fund, exceeds the outstanding balance of unreimbursed
funds transferred from the special fund in
prior fiscal years for wildfire suppression.
(June 9, 1930, ch. 416, § 3, 46 Stat. 527; Pub. L.
94–588, § 18, Oct. 22, 1976, 90 Stat. 2962; Pub. L.
108–447, div. E, title III, § 318, Dec. 8, 2004, 118
Stat. 3096; Pub. L. 109–54, title IV, § 412, Aug. 2,
2005, 119 Stat. 551.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–54 added cl. (5).
2004—Pub. L. 108–447, § 318(1), which directed the
amendment of this section ‘‘by striking ‘The Secretary
of Agriculture may, when in his’ and inserting ‘(a) The
Secretary of Agriculture may, when in his or her’;
‘(b) Amounts deposited under subsection (a) of this
section’ ’’,
was partially executed by designating existing text as
subsec. (a) and substituting ‘‘The Secretary of Agriculture may, when in his or her’’ for ‘‘The Secretary of
Agriculture may, when in his’’. However, the provisions
relating to subsec. (b) were not inserted, because of
missing directory language.
Subsec. (a). Pub. L. 108–447, § 318(2), substituted ‘‘may
direct. The Secretary of Agriculture’’ for ‘‘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’’.
Subsec. (c). Pub. L. 108–447, § 318(3), added subsec. (c).
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’’.
1 See

2004 Amendment notes below.

Page 1037

§ 576c. Supplemental National Forest Reforestation Fund; establishment; duration; authorization of appropriations
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.
(Pub. L. 92–421, § 1, Sept. 18, 1972, 86 Stat. 678;
Pub. L. 94–273, § 2(9), Apr. 21, 1976, 90 Stat. 375.)
AMENDMENTS
1976—Pub. L. 94–273 substituted ‘‘September’’ for
‘‘June’’.

§ 576d. Expenditure of Supplemental National
Forest Reforestation Fund moneys; availability of moneys from other sources unaffected
Moneys transferred to the National Forest Reforestation Fund under the provisions of sections 576c to 576e 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.
(Pub. L. 92–421, § 2, Sept. 18, 1972, 86 Stat. 678.)
REFERENCES IN TEXT
Section 576e of this title, referred to in text, was repealed by Pub. L. 96–470, title I, § 102(b), Oct. 19, 1980, 94
Stat. 2237.

§ 576e. Repealed. Pub. L. 96–470, title I, § 102(b),
Oct. 19, 1980, 94 Stat. 2237
Section, Pub. L. 92–421, § 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.

§ 577. Public lands in northern Minnesota; withdrawal from entry and appropriation
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
1 See

§ 577a

TITLE 16—CONSERVATION

References in Text note below.

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.
(July 10, 1930, ch. 881, § 1, 46 Stat. 1020.)
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’’.
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, § 1, eff. June 4, 1953, 18 FR 3219, 67 Stat. 633,
set out in the Appendix to Title 5, Government Organization and Employees.

§ 577a. Conserving shore line beauty for recreational use of public lands in northern
Minnesota; regulation of logging
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.
(July 10, 1930, ch. 881, § 2, 46 Stat. 1021.)
TRANSFER OF FUNCTIONS
Functions of all officers, agencies, and employees of
Department of Agriculture transferred, with certain ex-

§ 577b

TITLE 16—CONSERVATION

ceptions, to Secretary of Agriculture by Reorg. Plan
No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat.
633, set out in the Appendix to Title 5, Government Organization and Employees.

§ 577b. Preserving water level of lakes and
streams of public lands in northern Minnesota; reservoirs; water power
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.
(July 10, 1930, ch. 881, § 3, 46 Stat. 1021.)
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, § 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

Page 1038

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 (§ 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a of this title and Tables.
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, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat.
633, set out in the Appendix to Title 5, Government Organization and Employees.

§ 577c. Acquisition of additional lands in northern Minnesota
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.
(June 22, 1948, ch. 593, § 1, 62 Stat. 568; Pub. L.
87–351, Oct. 4, 1961, 75 Stat. 772.)
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’’.

§ 577d. Boundary limits of additional lands acquired in northern Minnesota
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.

Page 1039

TITLE 16—CONSERVATION

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.

§ 577d–1

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.
(June 22, 1948, ch. 593, § 2, 62 Stat. 568.)
§ 577d–1. Extension to other sections of land
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.

§ 577e

TITLE 16—CONSERVATION

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

Page 1040

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.
(June 22, 1956, ch. 425, § 1, 70 Stat. 326.)
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’’.

§ 577e. Approval by National Forest Reservation
Commission for acquisition of additional
lands
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.
(June 22, 1948, ch. 593, § 3, 62 Stat. 570.)
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,

Page 1041

§ 577h

TITLE 16—CONSERVATION

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.

§ 577f. Exchange of lands
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.
(June 22, 1948, ch. 593, § 4, 62 Stat. 570.)
§ 577g. Payment for additional lands acquired in
northern Minnesota
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 nationalforest 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.
(June 22, 1948, ch. 593, § 5, 62 Stat. 570.)
CODIFICATION
Section, as amended by act June 22, 1956, ch. 425, § 2,
70 Stat. 328, is set out as section 577g–1 of this title.

§ 577g–1. Payment to State of Minnesota for extension to other sections of land
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 nationalforest 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.
(June 22, 1948, ch. 593, § 5, 62 Stat. 570; June 22,
1956, ch. 425, § 2, 70 Stat. 328.)
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.
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.

§ 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
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.
(June 22, 1948, ch. 593, § 6, 62 Stat. 570; June 22,
1956, ch. 425, § 3, 70 Stat. 328; Pub. L. 87–351, Oct.
4, 1961, 75 Stat. 772; Pub. L. 94–384, Aug. 13, 1976,
90 Stat. 1123.)
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 (§ 460l–4 et seq.) of subchapter LXIX of chapter
1 of this title. For complete classification of this Act to

§§ 578 to 579

TITLE 16—CONSERVATION

the Code, see Short Title note set out under section
460l–4 of this title and Tables.
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
judgments 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.’’

§§ 578 to 579. Omitted
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.

§ 579a. Operation of aerial facilities and services
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.

Page 1042

(Sept. 21, 1944, ch. 412, title II, § 205, 58 Stat. 736;
Apr. 24, 1950, ch. 97, § 4, 64 Stat. 83; Pub. L. 91–435,
Oct. 6, 1970, 84 Stat. 888.)
CODIFICATION
Section was enacted as a part of the Department of
Agriculture Organic Act of 1944.
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.

§ 579b. Working capital fund; establishment;
availability; transfer; capitalization; advance
payments credited
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.
(Aug. 3, 1956, ch. 950, § 13, 70 Stat. 1034; Pub. L.
87–869, § 10, Oct. 23, 1962, 76 Stat. 1157.)
AMENDMENTS
1962—Pub. L. 87–869 struck out the $25,000,000 limitation on amount of capitalization in Forest Service
working capital fund.

§ 579c. Availability of funds received from forfeitures, judgments, compromises, or settlements
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,

Page 1043

§ 580a

TITLE 16—CONSERVATION

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.
(Pub. L. 85–464, § 7, June 20, 1958, 72 Stat. 217.)
§ 579d. Indirect expenditures; future budget justifications
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.

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’’.

§ 580. Use of Forest Service appropriations for
repair, etc. of equipment; rental of fire control equipment to non-Federal agencies

(Pub. L. 107–63, title II, Nov. 5, 2001, 115 Stat.
452.)

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 nonFederal 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.

REFERENCES IN TEXT

(Sept. 21, 1944, ch. 412, title II, § 204, 58 Stat. 736.)

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.

Section was enacted as a part of the Department of
Agriculture Organic Act of 1944.

CODIFICATION
Section is from the Department of the Interior and
Related Agencies Appropriations Act, 2002.
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, § 1000(a)(3) [title II], Nov. 29,
1999, 113 Stat. 1535, 1501A–178.
DEFINITIONS OF INDIRECT EXPENDITURES
Pub. L. 105–277, div. A, § 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

CODIFICATION

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.

§ 580a. Sale and distribution of supplies, equipment, and materials to other Government activities and to cooperating State and private
agencies; reimbursement
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.
(Sept. 21, 1944, ch. 412, title II, § 203, 58 Stat. 736.)
CODIFICATION
Section was enacted as a part of the Department of
Agriculture Organic Act of 1944.

§ 580b

TITLE 16—CONSERVATION
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.

§ 580b. Forest Service telephone lines; correction
of inductive interference
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.
(June 29, 1949, ch. 280, title I, 63 Stat. 338.)
§ 580c. Purchases of experimental materials, special devices, test models, etc.
The provisions of section 6101 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.
(Apr. 24, 1950, ch. 97, § 3, 64 Stat. 83.)
CODIFICATION
In text, ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709, Revised Statutes (41 U.S.C. 5),’’ on authority
of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.

§ 580d. Use of Forest Service structures or improvements and land by public and private
agencies, etc.; terms
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.
(Apr. 24, 1950, ch. 97, § 7, 64 Stat. 84; Pub. L.
105–277, div. A, § 101(e) [title III, § 346], Oct. 21,
1998, 112 Stat. 2681–231, 2681–298.)
AMENDMENTS
1998—Pub. L. 105–277, which directed the substitution
of ‘‘renovate, recondition, improve, and maintain’’ for

Page 1044

‘‘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.
FOREST SERVICE FACILITY REALIGNMENT AND
ENHANCEMENT
Pub. L. 109–54, title V, Aug. 2, 2005, 119 Stat. 559, as
amended by Pub. L. 111–8, div. E, title IV, § 422, Mar. 11,
2009, 123 Stat. 748; Pub. L. 112–74, div. E, title IV, § 421,
Dec. 23, 2011, 125 Stat. 1045, provided that:
‘‘SEC. 501. SHORT TITLE.
‘‘This title may be cited as the ‘Forest Service Facility Realignment and Enhancement Act of 2005’.
‘‘SEC. 502. DEFINITIONS.
‘‘In this title:
‘‘(1) ADMINISTRATIVE SITE.—The term ‘administrative site’ means—
‘‘(A) any facility or improvement, including
curtilage, that was acquired or is used specifically
for purposes of administration of the National Forest System;
‘‘(B) any Federal land associated with a facility
or improvement described in subparagraph (A) that
was acquired or is used specifically for purposes of
administration of Forest Service activities and
underlies or abuts the facility or improvement; or
‘‘(C) not more than 10 isolated, undeveloped parcels per fiscal year of not more than 40 acres each
that were acquired or used for purposes of administration of Forest Service activities, but are not
being so utilized, such as vacant lots outside of the
proclaimed boundary of a unit of the National Forest System.
‘‘(2) FACILITY OR IMPROVEMENT.—The term ‘facility
or improvement’ includes—
‘‘(A) a forest headquarters;
‘‘(B) a ranger station;
‘‘(C) a research station or laboratory;
‘‘(D) a dwelling;
‘‘(E) a warehouse;
‘‘(F) a scaling station;
‘‘(G) a fire-retardant mixing station;
‘‘(H) a fire-lookout station;
‘‘(I) a guard station;
‘‘(J) a storage facility;
‘‘(K) a telecommunication facility; and
‘‘(L) other administrative installations for conducting Forest Service activities.
‘‘(3) MARKET ANALYSIS.—The term ‘market analysis’
means the identification and study of the real estate
market for a particular economic good or service.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the
Secretary of Agriculture.
‘‘SEC. 503. AUTHORIZATION FOR CONVEYANCE OF
FOREST SERVICE ADMINISTRATIVE SITES.
‘‘(a) CONVEYANCES AUTHORIZED.—In the manner provided by this title, the Secretary may convey an administrative site, or an interest in an administrative
site, that is under the jurisdiction of the Secretary.
‘‘(b) MEANS OF CONVEYANCE.—The conveyance of an
administrative site under this title may be made—
‘‘(1) by sale;
‘‘(2) by lease;
‘‘(3) by exchange;
‘‘(4) by a combination of sale and exchange; or
‘‘(5) by such other means as the Secretary considers
appropriate.
‘‘(c) SIZE OF CONVEYANCE.—An administrative site or
compound of administrative sites disposed of in a single conveyance under this title may not exceed 40
acres.
‘‘(d) CERTAIN LANDS EXCLUDED.—The following Federal land may not be conveyed under this title:
‘‘(1) Any land within a unit of the National Forest
System that is exclusively designated for natural
area or recreational purposes.
‘‘(2) Any land included within the National Wilderness Preservation System, the Wild and Scenic River
System, or a National Monument.

Page 1045

TITLE 16—CONSERVATION

‘‘(3) Any land that the Secretary determines—
‘‘(A) is needed for resource management purposes
or to provide access to other land or water;
‘‘(B) is surrounded by National Forest System
land or other publicly owned land, if conveyance
would not be in the public interest due to the creation of a non-Federal inholding that would preclude the efficient management of the surrounding
land; or
‘‘(C) would be in the public interest to retain.
‘‘(e) CONGRESSIONAL NOTIFICATIONS.—
‘‘(1) NOTICE OF ANTICIPATED USE OF AUTHORITY.—As
part of the annual budget justification documents
provided to the Committee on Appropriations of the
House of Representatives and the Committee on Appropriations of the Senate, the Secretary shall include—
‘‘(A) a list of the anticipated conveyances to be
made, including the anticipated revenue that may
be obtained, using the authority provided by this
title or other conveyance authorities available to
the Secretary;
‘‘(B) a discussion of the intended purposes of any
new revenue obtained using this authority or other
conveyance authorities available to the Secretary,
and a list of any individual projects that exceed
$500,000; and
‘‘(C) a presentation of accomplishments of previous years using this authority or other conveyance authorities available to the Secretary.
‘‘(2) NOTICE OF CHANGES TO CONVEYANCE LIST.—If the
Secretary proposes to convey an administrative site
under this title or using other conveyance authorities
available to the Secretary and the administrative
site is not included on a list provided under paragraph (1)(A), the Secretary shall submit to the congressional committees specified in paragraph (3) written notice of the proposed conveyance, including the
anticipated revenue that may be obtained from the
conveyance.
‘‘(3) NOTICE OF USE OF AUTHORITY.—At least once a
year, the Secretary shall submit to the Committee on
Agriculture, the Committee on Appropriations, and
the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the
Senate a report containing a description of all conveyances of National Forest System land made by the
Secretary under this title or other conveyance authorities during the period covered by the report.
‘‘(f) DURATION OF AUTHORITY.—The authority of the
Secretary to initiate the conveyance of an administrative site under this title expires on September 30, 2016.
‘‘(g) REPEAL OF PILOT CONVEYANCE AUTHORITY.—Effective September 30, 2006, section 329 of the Department of the Interior and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107–63),
is repealed. Notwithstanding the repeal of such section,
the Secretary may complete the conveyance under
such section of any administrative site whose conveyance was initiated under such section before that date.
‘‘SEC. 504. CONVEYANCE REQUIREMENTS.
‘‘(a) CONFIGURATION OF ADMINISTRATIVE SITES.—
‘‘(1) CONFIGURATION.—To facilitate the conveyance
of an administrative site under this title, the Secretary may configure the administrative site—
‘‘(A) to maximize the marketability of the administrative site; and
‘‘(B) to achieve management objectives.
‘‘(2) SEPARATE TREATMENT OF FACILITY OR IMPROVEMENT.—A facility or improvement on an administrative site to be conveyed under this title may be severed from the land and disposed of in a separate conveyance.
‘‘(3) TERMS, CONDITIONS, AND RESERVATIONS.—The
conveyance of an administrative site under this title
shall be subject to such terms, conditions, and res-

§ 580d

ervations as the Secretary determines to be necessary to protect the public interest[.]
‘‘(b) CONSIDERATION.—
‘‘(1) CONSIDERATION REQUIRED.—A person or entity
acquiring an administrative site under this title shall
provide to the Secretary consideration in an amount
that is at least equal to the market value of the administrative site.
‘‘(2) FORM OF CONSIDERATION.—
‘‘(A) SALE.—Consideration for an administrative
site conveyed by sale under this title shall be paid
in cash on conveyance of the administrative site.
‘‘(B) EXCHANGE.—If the administrative site is conveyed by exchange, the consideration shall be provided in the form of a conveyance to the Secretary
of land or improvements that are equal in market
value to the conveyed administrative site. If the
market values are not equal, the market values
may be equalized by—
‘‘(i) the Secretary making a cash payment to
the person or entity acquiring the administrative
site; or
‘‘(ii) the person or entity acquiring the administrative site making a cash equalization payment
to the Secretary.
‘‘(c) DETERMINATION OF MARKET VALUE.—The Secretary shall determine the market value of an administrative site to be conveyed under this title or of nonFederal land or improvements to be provided as consideration in exchange for an administrative site—
‘‘(1) by conducting an appraisal that is performed in
accordance with—
‘‘(A) the Uniform Appraisal Standards for Federal
Land Acquisitions, established in accordance with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601
et seq.); and
‘‘(B) the Uniform Standards of Professional Appraisal Practice; or
‘‘(2) by competitive sale.
‘‘(d) RELATION TO OTHER LAWS.—
‘‘(1) FEDERAL PROPERTY DISPOSAL.—Chapter 5 of
subtitle I of title 40, United States Code, shall not
apply to the conveyance of an administrative site
under this title.
‘‘(2) LAND EXCHANGES.—Section 206 of the Federal
Land Policy and Management Act [of 1976] (43 U.S.C.
1716) shall not apply to the conveyance of an administrative site under this title carried out by means of
an exchange or combination of sale and exchange.
‘‘(3) LEAD-BASED PAINT AND ASBESTOS ABATEMENT.—
Notwithstanding any provision of law relating to the
mitigation or abatement of lead-based paint or asbestos-containing building materials, the Secretary is
not required to mitigate or abate lead-based paint or
asbestos-containing building materials with respect
to an administrative site to be conveyed under this
title. However, if the administrative site has leadbased paint or asbestos-containing building materials, the Secretary shall—
‘‘(A) provide notice to the person or entity acquiring the administrative site of the presence of
the lead-based paint or asbestos-containing building material; and
‘‘(B) obtain written assurance from the person or
entity acquiring the administrative site that the
person or entity will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials.
‘‘(4) ENVIRONMENTAL REVIEW.—The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
shall apply to the conveyance of administrative sites
under this title, except that, in any environmental
review or analysis required under such Act for the
conveyance of an administrative site under this title,
the Secretary is only required to—
‘‘(A) analyze the most reasonably foreseeable use
of the administrative site, as determined through a
market analysis;

§ 580e

TITLE 16—CONSERVATION

‘‘(B) determine whether to include terms, conditions, and reservations under subsection (a)(3); and
‘‘(C) evaluate the alternative of not conveying the
administrative site, consistent with the National
Environmental Policy Act of 1969.
‘‘(e) REJECTION OF OFFERS.—The Secretary shall reject any offer made for the acquisition of an administrative site under this title if the Secretary determines
that the offer is—
‘‘(1) not adequate to cover the market value of the
administrative site; or
‘‘(2) not otherwise in the public interest.
‘‘(f) CONSULTATION AND PUBLIC NOTICE.—As appropriate, the Secretary is encouraged to work with the
Administrator of the General Services Administration
with respect to the conveyance of administrative sites
under this title. Before making an administrative site
available for conveyance under this title, the Secretary
shall consult with local governmental officials of the
community in which the administrative site is located
and provide public notice of the proposed conveyance.
‘‘SEC. 505. DISPOSITION OF PROCEEDS RECEIVED
FROM ADMINISTRATIVE SITE CONVEYANCES.
‘‘(a) DEPOSIT.—The Secretary shall deposit in the
fund established under Public Law 90–171 (commonly
known as the Sisk Act; 16 U.S.C. 484a) all of the proceeds from the conveyance of an administrative site
under this title.
‘‘(b) USE.—Amounts deposited under paragraph (1)
shall be available to the Secretary, until expended and
without further appropriation, to pay any necessary
and incidental costs incurred by the Secretary in connection with—
‘‘(1) the acquisition, improvement, maintenance,
reconstruction, or construction of a facility or improvement for the National Forest System; and
‘‘(2) the conveyance of administrative sites under
this title, including costs described in subsection (c).
‘‘(c) BROKERAGE SERVICES.—The Secretary may use
the proceeds from the conveyance of an administrative
site under this title to pay reasonable commissions or
fees for brokerage services obtained in connection with
the conveyance if the Secretary determines that the
services are in the public interest. The Secretary shall
provide public notice of any brokerage services contract entered into in connection with a conveyance
under this title.’’
CONVEYANCE OF EXCESS FOREST SERVICE STRUCTURES
Pub. L. 107–63, title III, § 329, Nov. 5, 2001, 115 Stat. 471,
as amended by Pub. L. 108–7, div. F, title III, § 325, Feb.
20, 2003, 117 Stat. 275; Pub. L. 108–108, title III, § 322, Nov.
10, 2003, 117 Stat. 1307; Pub. L. 108–447, div. E, title III,
§ 322, Dec. 8, 2004, 118 Stat. 3098, which gave the Secretary of Agriculture temporary and limited authority
to convey excess structures located on National Forest
System lands and to use the proceeds from those conveyances for certain maintenance and rehabilitation
activities, was repealed, effective Sept. 30, 2006, by Pub.
L. 109–54, title V, § 503(g), Aug. 2, 2005, 119 Stat. 561,
which also provided that the Secretary could complete
any conveyance initiated before the effective date of
the repeal.

§ 580e. Services furnished persons attending Forest Service demonstrations and users of national forest resources and recreational facilities; rate of charges; disposition of moneys
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

Page 1046

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.
(Apr. 24, 1950, ch. 97, § 8, 64 Stat. 84.)
§ 580f. Telephones for official use in private residences
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.
(Apr. 24, 1950, ch. 97, § 10, 64 Stat. 85; Pub. L.
85–464, § 6, June 20, 1958, 72 Stat. 217.)
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, § 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
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.

§ 580g. Seeding leased range land; conditions and
limitations
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.
(Apr. 24, 1950, ch. 97, § 11, 64 Stat. 85.)

Page 1047

§ 580k

TITLE 16—CONSERVATION

§ 580h. Range improvements from appropriated
funds
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 animalmonth 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.
(Apr. 24, 1950, ch. 97, § 12, 64 Stat. 85.)
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.

§ 580i. Acquisition of winter range, land, and helicopter landing site
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.
(Apr. 24, 1950, ch. 97, § 14, 64 Stat. 86.)
§ 580j. Injury benefits for temporary employees
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.
(Apr. 24, 1950, ch. 97, § 16, 64 Stat. 86.)
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, § 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
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.

§ 580k. Grazing advisory boards
(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.

§ 580l

TITLE 16—CONSERVATION

(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 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.
(2) Any such local advisory board may at any
time recommend to the Secretary of Agri1 See

References in Text note below.

Page 1048

culture, 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.
(Apr. 24, 1950, ch. 97, § 18, 64 Stat. 87.)
REFERENCES IN TEXT
Section 581 of this title, referred to in subsec. (c)(1),
was repealed by Pub. L. 95–307, § 8(a), June 30, 1978, 92
Stat. 356.
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.

§ 580l. Permits for grazing livestock on national
forests
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.
(Apr. 24, 1950, ch. 97, § 19, 64 Stat. 88.)
§ 580m. Development of reservoir areas for future resources of timber; Congressional declaration of policy
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.
(Pub. L. 86–717, § 1, Sept. 6, 1960, 74 Stat. 817.)
§ 580n. Protection and development of forest or
other vegetative cover; establishment and
maintenance of conservation measures; coordination of programs and policies
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 protec-

Page 1049

tion 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.
(Pub. L. 86–717, § 2, Sept. 6, 1960, 74 Stat. 817.)
§ 580o. Forest Service appropriations
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.
(Pub. L. 97–35, title I, § 122, Aug. 13, 1981, 95 Stat.
368.)
§ 580p. ‘‘Woodsy Owl’’ and ‘‘Smokey Bear’’ characters and names; definitions
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.1
(3) the term ‘‘Secretary’’ means the Secretary of Agriculture.
(Pub. L. 93–318, § 1, June 22, 1974, 88 Stat. 244.)
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.
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, § 1, Sept.
13, 1982, 96 Stat. 877.
1 So

§ 580p–4

TITLE 16—CONSERVATION

in original. The period probably should be a semicolon.

§ 580p–1. Property of the United States
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’’.
(Pub. L. 93–318, § 2, June 22, 1974, 88 Stat. 245.)
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, § 1, Sept.
13, 1982, 96 Stat. 877.

§ 580p–2. Deposit of fees collected under regulations relating to ‘‘Smokey Bear’’; availability
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’’.
(May 23, 1952, ch. 327, § 3, 66 Stat. 92; Pub. L.
93–318, § 7, June 22, 1974, 88 Stat. 245.)
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, § 1, Sept.
13, 1982, 96 Stat. 877.
AMENDMENTS
1974—Pub. L. 93–318 struck out ‘‘under the provisions
of section 711 of title 18’’ after ‘‘relating to ‘Smokey
Bear’.’’

§ 580p–3. Use of royalty fees; special account
(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.
(Pub. L. 93–318, § 3, June 22, 1974, 88 Stat. 245.)
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.
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, § 1, Sept.
13, 1982, 96 Stat. 877.

§ 580p–4. Injunction against unauthorized manufacture, use, or reproduction
(a) Whoever, except as provided by rules and
regulations issued by the Secretary, manufac-

§ 580q

TITLE 16—CONSERVATION

tures, 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.
(Pub. L. 93–318, § 4, June 22, 1974, 88 Stat. 245.)
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, § 1, Sept.
13, 1982, 96 Stat. 877.

§ 580q. National Tree Seed Laboratory; disposition of fees
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.
(Pub. L. 99–198, title XVII, § 1772, Dec. 23, 1985, 99
Stat. 1658.)
SUBCHAPTER
II—INVESTIGATIONS,
EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
§§ 581, 581a. Repealed. Pub. L. 95–307, § 8(a), June
30, 1978, 92 Stat. 356
Section 581, acts May 22, 1928, ch. 678, § 1, 45 Stat. 699;
Apr. 24, 1950, ch. 97, § 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, § 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.

§ 581a–1. Repealed. Pub. L. 95–307, § 4(d), June 30,
1978, 92 Stat. 355
Section, act Aug. 31, 1951, ch. 374, title I, § 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.

Page 1050

§ 581a–2. Omitted
CODIFICATION
Section, act June 13, 1956, ch. 380, title II, § 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, § 200, 69 Stat. 154.
June 29, 1954, ch. 409, title I, § 101, 68 Stat. 308.
July 28, 1953, ch. 251, title I, § 101, 67 Stat. 212.
Act July 5, 1952, ch. 574, title I, § 101, 66 Stat. 343.

§§ 581b to 581i. Repealed. Pub. L. 95–307, § 8(a),
June 30, 1978, 92 Stat. 356
Section 581b, act May 22, 1928, ch. 678, § 3, 45 Stat. 701,
authorized appropriations for investigations of diseases
of forest trees and products.
Section 581c, act May 22, 1928, ch. 678, § 4, 45 Stat. 701,
authorized appropriations for investigations of forest
insects.
Section 581d, act May 22, 1928, ch. 678, § 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, § 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, § 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, § 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, § 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, § 3(b),
formerly § 2(b), 88 Stat. 476, renumbered Oct. 22, 1976,
Pub. L. 94–588, § 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, § 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.

§ 581i–1. Advance of funds for cooperative research
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.
(Apr. 24, 1950, ch. 97, § 20, as added Apr. 6, 1956,
ch. 176, 70 Stat. 100.)