the Principal Laws Relating to the

Establishment and Administration

of the National Forests and

to Other Forest Service

Activities

UNITED STATES DEPARTMENT OF AGRICULTURE

AGRICULTURE HANDBOOK No. 20
UNITED STATES DEPARTMENT OF AGRICULTURE

AGRICULTURE HANDBOOK No. 20

WASHINGTON. D. C. Usued M.y I95i

THE PRINCIPAL LAWS RELATING TO THE ESTABLISHMENT AND

ADMINISTRATION OF THE NATIONAL FORESTS AND TO

OTHER FOREST SERVICE ACTIVITIES^

Compiled by HARRY IRION

Administrative Assistant, Forest Service

CONTENTS

Page Page

Functional Provisions; CIarke«McNary Act 53

Establishment and consolidation 1 McSweeney-McNary Act 57

Jurisdiction-.. ..- 8 Knutson-Vandenberg Act - 60

Occupancy and. use 10 Bankhead-Jones Farm Tenant Act 61

Laws respecting raining _._ 20 White pine blister rust protection Act 63

CoUection and expenditure of funds 25 Protection of municipal water supply Act_ 63

Highways, forest development roads and Sustained-yield forest management Act— 64

trails 37 Department of Agriculture Organic Act

Flood control 39 of 1944 _ 68

Major Acts: Forest Pest Control Act _ 71

Administration Act of 1897 _.. 44 Anderson-Mansfield Reforestation and

Transfer Act of 1905 46 Revegetation Act 72

Weeks Law 48 Granger-Thye Act.— 74

Exchange Acts _ 51 Cooperative Forest Management Act 80

NOTE.—This Handbook supersedes Miscellaneous Publication No. 135, revised

to September 1950.

ESTABLISHMENT AND CONSOLIDATION

Creation by Executive action.

Act of March 3,1891 (26 Stat. 1103 ; 16 U. S. 0. 471)

SEC. 24:, That the President of the United States may, from time

to time, set apart and reserve, in any State or Territory having public land bearing forests, in any part of the public lands wholly or

in part covered with timber or undergrowth, whether of commercial

* In general this compilation contains the exact wording of the statute or else

the codified wording, and, except for a few statutory provisions of general application to Federal agencies, there are included only laws which pertain chiefly

to functions of the Forest Service. Where deemed necessary, explanatory notes

or cross references have been added. In the citation preceding each quoted

provision of law there is indicated the volume and page of the united States

Statutes at Large where such provision may be found ; also indicated is the title

and section of tlie Ü. S. Code where it may bo foimd. Occasionally a particular

provision of a completely quoted Act is for convenient reference also quoted

under the appropriate heading, such as ''Establishment and Consolidation",

"Occupancy and Use", "Collection and Expenditure of Funds", etc. Not included in this compilation are minor acts and numerous acts of Congress

pertaining to particular national forests.

940688*—51 1 (1)
value or not, as public reservations, and the President shall, by public

proclamation, declare the establishment of such reservations and the

limits thereof.

Purpose of national forests.

Act of June 4, 1897 (30 Stat. 35; 16 U. S. C. 475)

No public forest reservation shall be established, except to improve

and protect the forest within the reservation, or for the j)urpose of

securing favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the

united States.

Forest reserves designated national forests.

Act of March 4, 1907 (34 Stat. 1269)

The forest reserves shall hereafter be known as national forests.

Restrictions on Executive action.

Act of March 4, 1907 (34 Stat. 1271) ; August 24, 1912 (37 Stat. 497) ; June 15,

1926 (44 Stat. 745 ; 16 U. S. C. 471, 471a)

Hereafter no forest reserve shall be created, nor shall any additions

be made to one heretofore created within the limits of the States of

Oregon, Washington, Idaho, Montana, Colorado,^ Wyoming, California, Arizona, or New Mexico, except by act of Congress.

Additional lands may be added in Montana.

Act of July 20,1939 (53 Stat. 1071 ; 16 U. S. C. 471-b)

The President of the United States is authorized, in his discretion,

to add to existing national forests, or to include within new national

forests, by proclamation or Executive order, any unappropriated public lands of the United States situated in the State of Montana which,

in his opinion, are chiefly valuable for the production of timber or

the protection of watersheds: Provided^ That the inclusion of such

lands within a national forest shall be subject to any claim, entry, or

appropriation under the public land laws then valid and subsisting

and thereafter legally maintained.

Authority to modify proclamations.

Act of June 4, 1897 (30 Stat. 34, 36 ; 16 U. S. 0. 473)

* * * To remove any doubt which may exist pertaining to the

authority of the President thereunto [in regard to the national

forests], the President of the United States is hereby authorized

and empowered to revoke, modify, or suspend any and all such

Executive orders and proclamations, or any part thereof, from time

to time as he shall deem best for the public interests. * * * The

President is hereby authorized at any time to modify any Executive

order that has been or may hereafter be made establishing any

forest reserve, and hj such modification may reduce the area or

change the boundary lines of such reserve, or may vacate altogether

any order creating such reserve.
Land acquisition by purchase.

Act of Marcli 1, 1911 (36 Stat. 961) ; June 7, 1924 (43 Stat. 654; 16 U. S. O.

515, 516, 521) ; also act of March 3, 1931 (46 Stat. 1516), as to Porto Rico

That section 6 of the act of March 1,1911 (36 Stat. 961), is hereby

amended to authorize and direct the Secretary of Agriculture to

examine, locate, and recommend for purchase such forested, cut-over

or denuded lands within the watersheds of navigable streams as in

his judgment may be necessary to the regulation of the flow of

navigable streams or for the production of timber and to report to

the National Forest Eeservation Commission the results of such

examination ; but before any lands are purchased by the commission

said lands shall be examined by the Secretary of Agriculture, in

cooperation with the Director of the Geological Survey, and a report

made by them to the commission showing that the control of such

lands by the Federal Government will promote or protect the navigation of streams or by the Secretary of Agriculture showing that

such control will promote the production of timber thereon (16 U. S. C.

515).

SEC. 7. The Secretary of Agriculture is hereby authorized to purchase in the name of the United States, such lands as have been approved for purchase by the National Forest Eeservation Commission

at the price or prices fixed by said commission: Provided^ That no

deed or other instrument of conveyance shall be accepted or approved

by the Secretary of Agriculture under this act until the legislature

of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the navigability of navigable streams (16 U. S. C. 516).

SEC. 11. That, subject to the provisions of the last preceding section,

(i. e. sec. 10) the lands acquired under this act shall be permanently

reserved, held, and administered as national forest lands under the

provisions of section twenty-four of the act approved March third,

eighteen hundred and ninety-one (26 Stat. 1103), and acts supplemental to and amendatory thereof. And the Secretary of Agriculture may from time to time divide the lands acquired under this act

into such specific national forests and so designate the same as he may

deem best for administrative purposes (16 U. S. C. 521).

Act of March 1, 1911 (36 Stat. 961 ; 16 U. S. O. 517)

SEC. 8. That the Secretary of Agriculture may do all things necessary to secure the safe title in the United States to the lands to be

acquired under this act, but no payment shall be made for any such

lands until the title shall be satisfactory to the Attorney General and

shall be vested in the United States.

Act of April 24, 1950 (64 Stat. 82)

SEC. 13. That section 5 of the Act of March 3, 1925 (43 Stat. 1133;

16 U. S. C. 555), is hereby amended to read as follows :

"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 hereby authorized to purchase
such lands out of the appropriation applicable to the purpose for which

the land is to be used, and to accept donations of land for any national

forest or experimental purpose : Provided^ That such lands may be

acquired subject to such reservations and outstanding interests as the

Secretary determines will not interfere with the purpose for which

acquired: Provided further^ That not to exceed $25,000 may be

expended in any one fiscal year pursuant to this authority."

Land acquisition by donation.

Act of June 7,1924 (43 Stat. 654 ; 16 U. S. C. 569). Cross reference : See also donation clause in preceding paragraph

That to enable owners of land 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 hereby authorized, in his discretion, to accept

on behalf of the United States title to any such land so donated or

devised, subject to such reservations by the donor of the present stand

of merchantable timber or of mineral or. other rights for a period not

exceeding twenty years as the Secretary of Agriculture may find to

be reasonable and not detrimental to the purposes of this section, and

to pay out of any moneys appropriated for the general expenses of

the Forest Service the cost of recording deeds or other expenses incident to the examination and acceptance of title. Any lands to which

title is so accepted shall be in units of such size or so located as to

be capable of economical administration as national forests either

separately or jointly with other lands acquired under this section,

or jointly with an existing national forest. All lands to which title is

accepted under this section shall, upon acceptance of title, become

national forest lands, subject to all laws applicable to lands acquired

under the act of March 1,1911 (36 Stat, 961), 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: Provided, That 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. (See also sec. 555, title 16, U. S. Code above.)

Land acquisition by exchange.

Act of March 20, 1922, 42 Stat. 465, as amended by Act of February 28, 1925 (43

Stat. 1090 ; 16 U. S, 485, 486)

That, when the public interests will be benefited thereby, the Secretary of the Interior be, and hereby is, authorized in his discretion

to accept on behalf of the United States title to any lands withm

exterior boundaries of the national forests which, m the opinion of

the Secretary of Agriculture, are chiefly valuable for national forest

purposes, and in exchange therefor may patent not to exceed an

equal value of such national forest land, in the same State, surveyed

and nonmineral in character, or the Secretary of Agriculture may
authorize the grantor to cut and remove an equal value of timber

within the national forests of the same State; the values in each

case to be determined by the Secretary of Agriculture: Provided^

That before any such exchange is effected notice of the contemplated

exchange reciting the lands involved shall be published once each

week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands

to be accepted, and in some like newspaper published in any county

in which may be situated any lands or timber to be given in such

exchange. Timber given in such exchange shall be cut and removed

under the laws and regulations relating to the national forests, and

under the direction and supervision and in accordance with the

requirements of the Secretary of Agriculture. Lands conveyed to

the United States under this act shall, upon acceptance of title,

become parts of the national forest within whose exterior boundaries

they are located.

Either party to an exchange may make reservations of timber,

minerals, or easements, the values of which shall be duly considered

in determining the values of the exchanged lands. Where reservations are made in lands conveyed to the United States the right to

enjoy them shall be subject to such reasonable conditions respecting

ingress and egress and the use of the surface of the land as may be

deemed necessary by the Secretary of Agriculture; where mineral

reservations are made in lands conveyed by the United States it

shall be so stipulated in the patents, and that any person who acquires

the right to mine and remove the reserved deposits may enter and

occupy so much of the surface as may be required for all purposes

incident to the mining and removal of the minerals therefrom, and

may mine and remove such minerals upon payment to the owner

of the surface for damages caused to the land and improvements

thereon : Promded^ That all property, rights, easements, and benefits

authorized by this section to be retained by or reserved to owners of

lands conveyed to the United States shall be subject to the tax laws

of the States where such lands are located.

Act of March 3, 1925 (43 Stat. 1215 ; 16 U. S. 0. 516)

Provided further^ That with the approval of the National Forest

Reservation Commission as provided by sections 6 and 7 of this act,

and when the public interests will be benefited thereby, the Secretary of Agriculture be, and hereby is, authorized, in his discretion,

to accept on behalf of the United States title to any lands within

the exterior boundaries of national forests acquired under this act

which, in his opinion, are chieñy valuable for the purpose of this

act, and in exchange therefor to convey by deed not to exceed an

equal value of such national forest land in the same State, or he

may authorize the grantor to cut and remove an equal value of

timber within such national forests in the same State, the values

in each case to be determined by him: And provided further^ That

before any such exchange is effected notice of the contemplated exchange reciting the lands involved shall be published once each week

for four successive weeks in some newspaper of general circulation

in the county or counties in which may be situated the lands to be

accepted, and in some like newspaper published in any county in

which may be situated any lands or timber to be given in such ex-
ft

change. Timber given in such exchanges shall be cut and removed

under the laws and regulations relating to such national forests,

and under the direction and supervision and in accordance with the

requirements of the Secretary of Agriculture. Lands so accepted by

the Secretary of Agriculture shall, upon acceptance, become parts of

the national forests within whose exterior boundaries they are located,

and be subject to all the provisions of this act.

Disposal of land acquired under Title III, Bankhead-Jones Farm Tenant Act

Section a2c, Act of July 22, 1937, 50 Stat. 525, as amended by Act of July 28,

1942, 56 Stat. 725 (7 U. S. O. 1011)

To effectuate the program provided for in section 1010, title 7, U. S. Code, the

Secretary of Agriculture is authorized

(c) To sell, exchange, lease, or otherwise dispose of, with or without a consideration, any property so acquired, under such terms and

conditions as he deems will best accomplish the purposes of sections

1010-1013 of this title, but any sale, exchange, or grant shall be made

only to public authorities and agencies and only on condition that the

property is used for public purposes : Provided^ however^ That an exchange may be made with private owners and with subdivisions' or

agencies of State governments in any case where the Secretary of

Agriculture finds that such exchange would not conflict with the purposes of sections 1001-1005d, 1007, and 1008-1029 of this title, and

that the value of the property received in exchange is substantially

equal to that of the property conveyed. The Secretary may recommend to the President other Federal, State, or Territorial agencies

to administer such property, together with the conditions of use and

administration which will best serve the purposes of a land-conservation and land-utilization program, and the President is authorized

to transfer such property to such agencies.

Acquiring right to erect structures on non-Federal land.

Section 1, Act of Aprü 24, 1950 (64 Stat. 82)

That, notwithstanding the provisions of existing law and without

regard to section 355, Eevised Statutes, as amended (40 U. S. C. 255),

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 : Praoiaed^ 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.

Leasing range land for Forest Service administration.

Act of Aprü 24, 1950 (64 Stat. 82)

SEO. 11. 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.

Adjustment of defective land titles.

Act of Julys, 1943 (57 Stat. 388; 5 U. S. C. 567)

"5e it enacted hy the Senate and House of Representatives of the

united States of America in Congress assenibled^ That if the Secretary

of Agriculture shall find within ten years after the acquisition by

the United States of any land or interest therein which is subject to

his administration, custody, or control, other than land acquired by

exchange of public domain land or resources, that the title thereto

is legally insufficient for purposes for which such land or interest was

acquired and no consideration therefor has been paid by the United

States, or that title or color of title to such land or interest was

acquired through mistake, misunderstanding, error, or inadvertence,

he is hereby authorized to execute and deliver on behalf of and in the

name of the United States to the person from whom the title was

acquired or to the person whom he finds entitled thereto a quit-claim

deed to such land or interest : Provided^ hoio^ver^ That if the ]>erson

to whom such deed is made is the same person from whom the United

States acquired title, or his successor in interest, any consideration

given by the United States for such land or interest shall be restored

or, in lieu thereof, the value equivalent of such consideration as determined by the Secretary of Agriculture shall be paid to the United

States; and any consideration or value equivalent so restored or paid

shall, so far as is practicable, be restored to the jurisdiction, or deposited to the credit, of the department, agency, appropriation, or

fund from which the consideration was transferred or paid at the

time of the acquisition of title by the United States."

Quitclaim deeds to conveyed lands if not accepted in exchange.

Section 6, Act of April 28,1930 (46 Stat. 257 ; 43 U. S. C. 872)

Where a conveyance of land has been made or may hereafter be

made to the United States in connection with an application for

amendment of a patented entry or entries, or an exchange of lands,

or for any other purpose, and the application in connection with which

the conveyance was made is thereafter withdrawn or rejected, the

Secretary of the Interior or such officer as he may designate is authorized and directed, if the deed of conveyance has been recorded, to

execute a quitclaim deed of the conveyed land to the party or parties

entitled thereto.
JURISDICTION

Secretary of Agriculture.

Act of February 1, 1905 (33 Stat. 628; 16 U. S. 0. 472)

The Secretary of the Department of Agriculture shall, from and

after the passage of this act, execute or cause to be executed all laws

affecting public lands heretofore or hereafter reserved under the

. provisions of section twenty-four of the act entitled "An act to repeal

the timber-culture laws, and for other purposes," approved March

third, eighteen hundred and ninety-one, and acts supplemental to-and

amendatory thereof, and after such lands have been so reserved,

excepting such laws as affect the surveying, prospecting, locating,

appropriating, entering, relinquishing, reconveying, certifying, or

patenting of any of such lands.

NOTE.—Laws relating to surveying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting are administered by

Secretary of Interior.

Act of June 4, 1897 (30 Stat. 34; 16 U. S. C. 475)

All public lands heretofore designated and reserved by the President of the United States under the provisions of the act approved

March third, eighteen hundred and ninety-one, the orders for which

shall be and remain in full force and effect, unsuspended and unrevoked, and all public land that may hereafter be set aside and

reserved as national forests under said act, shall be as far as practicable controlled and administered in accordance with the following

provisions.

Rules and regulations.

Act of June 4, 1897 (30 Stat. 35), as amended by Act of February 1, 1905

(33 Stat. 628) ; 16 U. S. C. 551

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 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 national forests, namely, to regulate their occupancy and use

and to preserve the forests thereon from destruction ; and any violation of the provisions of this act or such rules and regulations shall

be punished as is provided for in the act of June 4, 1888, amending

section 5388 of the Revised Statutes of the United States.

Civil and criminal.

Act of June 4, 1897 (30 Stat. 36) ; March 1, 1911 (36 Stat. 963) ; 16 U. S. 0. 480

The jurisdiction, both civil and criminal, over persons within national forests shall not be affected or changed by reason of their

existence, except so far as the punishment of offenses against the

United States is concerned ; the intent and meaning of this provision

being that the State wherein any such national forest is situated shall

not, by reason of the establishment thereof, lose its jurisdiction, nor

the inhabitants thereof their rights and privileges as citizens, or be

absolved from their duties as citizens of the State.
Act of March 3,1905 (33 Stat. 873 ; 16 U. S. C. 559)

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 commissioner,

within whose jurisdiction the national forest is located, for trial; and

upon sworn information by any competent person any United States

commissioner in the proper jurisdiction shall issue process for the

arrest of any person charged with the violation of said laws and repudiations ; 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.

Enforcement of State laws relating to livestock, forest fires and wildlife.

Act of May 23, 1908 (35 Stat. 259; 16 U. S. C. 553)

Hereafter 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 and 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.

Administering oaths.

Act of February 13, 1911 (36 Stat. 898 ; 5 U. S. O. 93)

Any officer or clerk of any of the departments lawfully detailed

to investigate frauds on, or attempts to defraud, the Government,

or any irregularity or misconduct of any officer or agent of the United

States, and any officer of the Army, Navy, Marine Corps or Coast

Guard, detailed to conduct an investigation, and the recorder, and if

there be none the presiding officer, of any military, naval, or Coast

Guard^ board appointed for such purpose, shall have authority to

administer an oath to any witness attending to testify or depose in the

course of such investigation.

Act of January 31, 1925 (43 Stat. 803; 5 U. S. C. 521)

Such officers, agents, or employees of the Department of Agriculture of the United States as are designated by the Secretary of Agriculture for the purpose are authorized and empowered to administer

to or take from any person, an oath, affirmation, or affidavit whenever such oath, affirmation, or affidavit is for use in any prosecution

or proceeding under or in the enforcement of any law committed

to or which may be committed to the Secretary of Agriculture or

the Department of Agriculture or any bureau or subdivision thereof

for administration. Any such oath, affirmation, or affidavit administered or taken by or before such officer, agent, or employee when

certified under his hand and authenticated by the seal of the Department of Agriculture may be offered or used in any court of the

940688'—51 2
10

United States and shall have like force and effect as if administered

or taken before a clerk of such court without further proof of the

identity or authority of such officer, agent, or employee.

OCCUPANCY AND USE

Rules and regulations.

Act of June 4, 1897 (30 Stat 35; 16 U. S. C. 551)

He [Secretary of Agriculture] may make such rules and regulations and establish such service as will insure the objects of such

national forests, namely, to regulate their occupancy and use and to,

preserve the forests thereon from destruction; and any violation of

the provisions of this act or such rules and regulations shall be punished as is provided for in the Act of June four. Eighteen hundred

and eighty-eight, amending section five thousand three hundred and

eighty-eight of the Revised Statutes of the United States.

NOTE.—Grazing and most special-use permits are issued under authority of

this act.

Ingress and egress.

Act of June 4, 1897 (30 Stat. 36 ; 16, U. S. C. 478)

Nothing herein shall be construed as prohibiting the egress or

ingress of actual settlers residing within the boundaries of such

national forests, or from crossing the same to and from their property

or homes; and such wagon roads and other improvements may be

constructed thereon as may be necessary to reach their homes and

to utilize their property under such rules and regulations as may be

prescribed by the Secretary of the Interior.

Sale of timber.

Act of June 4, 1897 (30 Stat. 35) ; March 3, 1925 (43 Stat. 1132; 16 U. S. 0. 476

For the purpose of preserving the living and growing timber and

promoting the younger growth on national forests, the Secretary of

Agriculture, under such rules and regiilations as he shall prescribe,

may cause to be designated and appraised so much of the dead, matured, or large growth of trees found upon such national forests as

may be compatible with the utilization of the forests thereon, and

may sell the same for not less than the appraised value in such

quantities to each purchaser as he shall prescribe. Before such sale

shall take place, notice thereof shall be given by the said Secretary

of Agriculture for not less than thirty days, by publication in one or

more newspapers of general circulation, as he may deem necessary,

in the State or Territory where such national forest exists. In cases

of unusual emergency the Secretary of Agriculture may, in the exercise

of his discretion, permit the purchase of timber and cord wood in

advance of advertisement of sale at rates of value approved by him

and subject to payment of the full amount of the highest bid resulting

from the usual advertisement of sale. He may, in his discretion, sell

without advertisement, in quantities to suit applicants, at a fair

appraisement, timber, cord wood and other forest products, not exceeding in value five hundred dollars. In cases in which advertise-
11

ment is had and no satisfactory bid is received, or in cases in whicli

the bidder fails to complete the purchase, the timber may be sold,

without further advertisement, at private sale, in the discretion of

the Secretary of Agriculture, at not less than the appraised valuation,

in quantities to suit purchasers. Such timber before being sold, shall

be marked and designated, and shall be cut and removed under the

supervision of some person appointed for that purpose by the Secretary of Agriculture, not interested in the purchase or removal of such

timber nor in the employment of the purchaser thereof. Such supervisor shall make report in writing to the Secretary of Agriculture

of his doings in the premises. (See sec. 3, page 61 of Act of June 9,

1930, 46 Stat. 527; 16 U. S. C. 576 b, relative to requiring deposits

for planting, sowing, or timber stand improvement work.)

Sale of timber at cost.

Act of August 10,1912 (37 Stat. 287 ; 16 U. S. C. 489)

The Secreîtary of Agriculture, under such rules and regulations as

he shall establish, is authorized and directed to sell at actual cost,

to homestead settlers and farmers, for their domestic use, the mature,

dead, and down timber in national forests, but it is not the intention

of this provision to restrict the authority of the Secretary of Agriculture to permit the free use of timber as provided in section 477,

Title 16, U. S. Code.

Free use of timber.

Act of June 4, 1897 (30 Stat. 35 ; 16 U. S. C. 477)

The Secretary of Agriculture may permit, under regulations to be

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

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

prospectors for minerals, for fire wood, fencing, building, mining,

prospecting, and other domestic purposes, as may be needed by such

persons for such purposes. (Modified by 16 U. S. C. 616.)

Term grazing permits and renewals.

Act of April 24, 1950 (64 Stat. 82)

SEC. 19. 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.

Free use of timber for telephone lines.

Act of March 4, 1913 (37 Stat. 843 ; 16 U. S. C. 560)

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.
12

Timber, etc., for Navy, Army and Alaskan public works.

Act of March 4, 1915 (38 Stat. 1100) ; Act of March 3, 1925 (43 Stat. 1197) ;

16 U. S. C. 492

Hereafter the Secretary of Agriculture, under regulations to be

prescribed by him, is authorized to permit the Navy Department to

take from tne national forests such earth, stone, and timber for the

use of the Navy as may be compatible with the administration of the

national forests for the purposes for which they are established, and

also in the same manner to permit the taking of earth, stone, and

timber from the national forests for the construction of Government

railways and other Government works in Alaska. He is authorized

also to permit the Department of the Army to take earth, stone, and

timber from the national forests for use in the construction of river

and harbor and other works in charge of that department, subject to

such regulations and restrictions as he may prescribe.

Expo^ation of timber.

Act of April 12, 1926 (44 Stat. 242 ; 16 U. S. C. 616)

Timber lawfully cut on any national forest, or on the public lands

in Alaska, may be exported from the State or Territory where grown

if, in the judgment of the Secretary of the department administering

the national forests, or the public lands in Alaska, the supply of

timber for local use will not be endangered thereby, and the respective Secretaries concerned are hereby authorized to issue rules and

regulations to carry out the purposes of this act.

Local grazing advisory boards.

Act of AprU 24, 1950 (64 Stat. 82)

SEC. 18. (a) (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

pro^dded 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 at the time of the enactment of this Act, and recognized

as such by the Department of Agriculture, shall continue to be the

local advisory board for the unit or area it represents, until replaced by a local advisory board or boards constituted and elected

as hereinafter provided.

(2) Each such local advisory board shall be constituted and elected

under rules and regulations, consistent herewith, now or hereafter

approved by the Secretary of Agriculture, and shall be recognized

by him as representing the grazing permittees of the national forest

or administrative subdivision thereof for which such local advisory

board has been constituted and elected.

(3) Each such local advisory board shall consist of not less than

three nor more than twelve members, who shall be national forest

grazing permittees in the area for which such board is constituted,

elected, and recognized. In addition, a wildlife representative may

be appointed as a member of each such board by the State game
13

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) 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) (1) At least thirty days prior to the issuance by the Secretary

of Agriculture of any regulation under this Act 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 Agriculture, or his representative, the issuance

of regulations or instructions relating to the use of national forest

lands, seasons of use, grazing capacity of such lands, and any other

matters affecting the administration of grazing in the area represented

by such board.

Agricultural lands.

Forest Homestead Act of June 11,1906 (34 Stat. 233, as amended ; 16 U. S. C. 506)

The Secretary of Agriculture may, in his discretion, and he is hereby

authorized, upon application or otherwise, to examine and ascertain as

to the location and extent of lands within permanent or temporary

national forests except the following counties in the State of California, San Luis Obispo, Santa Barbara ; which are chiefly valuable for

agriculture, and which, in his opinion, may be occupied for agricultural purposes without injury to the national forests and which are not

needed for public purposes, and may list and describe the same by

metes and bounds, or otherwise, and file the lists and descriptions with

the Secretary of the Interior, with the request that the said lands be

opened to entry in accordance with the provisions of the homestead

laws and this act.
14

Upon tlie filing of any such list or description the Secretary of the

Interior shall declare the said lands open to homestead settlement and

entry in tracts not exceeding one hundred and sixty acres in area and

not exceeding one mile in length, at the expiration of sixty days from

the filing of the list in the land office of the district within which

the lands are located, during which period the said list or description

shall be prominently posted in the land office and advertised for a

period of not less than four weeks in one newspaper of general circulation published in the county in which the lands are situated:

Provided^ That any settler actually occupying and in good faith

claiming such lands for agricultural purposes prior to January first,

nineteen hundred and six, and who shall not have abandoned the

same, and the person, if qualified to make a homestead entry, upon

whose application the land proposed to be entered was examined and

listed, shall each in the order named, have a preference right of settlement and entry : Provided further^ That any entryman desiring to

obtain patent to any lands described by metes and bounds entered by

him under the provisions of this act shall, within five years of the

date of making settlement, file, with the required proof of residence

and cultivation, a plat and field notes of the lands entered, made by

or under the direction of the Secretary of the Interior or such officer

as he may designate, showing accurately the boundaries of such lands,

which shall be distinctly marked by monuments on the ground, and by

posting a copy of such plat, together with a notice of the time and place

of offering proof, in a conspicuous place on the land embraced in such

plat during the period prescribed by law for the publication of his

notice of intention to offer proof, and that a copy of such plat and

field notes shall also be kept posted in the office of the officer designated

by the Secretary of the Interior of the land office for the land district

in which such lands are situated for a like period ; and further, that

any agricultural lands within national forests may, at the discretion

of the Secretary, be surveyed by metes and bounds, and that no lands

entered under the provisions of this act shall be patented under the

commutation provisions of the homestead laws, but settlers, upon final

proof, shall have credit for the period of their actual residence upon

the lands covered by their entries. No land listed under the provisions

of this Act shall pass from the forest until patent issues.

Settlement forbidden.

SEC. 5. Nothing herein contained shall be held to authorize any

future settlement on any lands within national forests until such lands

have been opened to settlement as provided in this act, or to in any way

impair the legal rights of any bona fide homestead settler who has or

shall establish residence upon public lands prior to their inclusion

within a national forest (16 TJ. S. C. 509).

Classification and Segregation of agricultural lands.

Act of August 10, 1912 (37 Stat. 287; 16 U. S. C. 512)

The Secretary of Agriculture is hereby directed and required

to select, classify, and segregate, as soon as practicable, all lands

within the boundaries of national forests that may be opened to settlement and entry under the homestead laws applicable to the national

forests.
15

Permits for summer homes, hotels, stores, etc.

Act of March 4, 1915 (38 Stat. 1101; 16 U. S. C. 497)

Hereafter the Secretary of Agriculture may, upon such terms as

he may deem proper, for periods not exceeding thirty years, permit

responsible persons or associations to use and occupy suitable spaces

or portions of ground in the national forests for the construction of

summer homes, hotels, stores, or other structures needed for recreation

or public convenience, not exceeding five acres to any one person or

association, but this shall not be construed to interfere with the right

to enter homesteads upon agricultural lands in national forests as

now provided by law.

Special-use permit for land adjacent to mineral springs.

Act of February 28,1890 (30 Stat. 908 ; 16 U. S. C. 495)

The Secretary of Agriculture * * * is authorized, under such

rules and regulations as he from time to time may make, to rent or

lease to responsible persons or corporations applying therefor suitable

spaces and portions of ground near, or adjacent to, mineral, medicinal,

or other springs, within any national forest established within the

United States, or hereafter to be established, and where the public is

accustomed or desires to frequent, for health or pleasure, for the purpose of erecting upon such leased ground sanitariums or hotels, to be

opened for the reception of the public. And he is further authorized

to make such regulations, for the convenience of people visiting such

springs, with reference to spaces and locations, for the erection of tents

or temporary dwelling houses to be erected or constructed for the use of

those visiting such springs for health or pleasure. And the Secretary

of Agriculture is authorized to prescribe the terms and duration and

the compensation to be paid for the privileges granted under the provisions of this act.

Schools and churches within forests.

Act of June 4, 1897 (30 Stat. 36; 16 U. S. C. 479)

The settlers residing within the exterior boundaries of such national

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

within such national forest, and for that purpose may occupy any part

of the said national forest, not exceeding two acres for each schoolhouse and one acre for a church.

Use of waters.

Act of June 4, 1897 (30 Stat. 36; 16 U. S. C. 481)

All waters within the boundaries of national forests may be used

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

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

laws of the United States and the rules and regulations established

thereunder.

Gross Reference: See also Municipal Water Supply Act, page 63; and Act of

Octover 17,1940, 54 Stat. 1197, relating to water supply of Petersburg, Alaska.
16

Term permits to use structures and improvements.

Act of April 24, 1950- (64 Stat. 82)

SEC. 7. 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 hereby 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 recondition and maintain the structures and land to a

satisfactory standard.

Sale of forest-tree seed and nursery stock to public agencies.

Act of AprU 24, 1950 (64 Stat. 82)

SEC. 9. The Secretary of Agriculture is authorized, subject to such

conditions as he may prescribe, to sell forest-tree seed and nursery

stock to States and political subdivisions thereof and to public agencies of other countries, at rates not less than the actual or estimated

cost to the United States of procuring or producing such seed or

nursery sock, moneys received from the sale thereof to be credited

to the appropriation or appropriations of the Forest Service currently

available for the procurement or production of seed or nursery stock

at the time such moneys are deposited : Provided^ That the Secretary

of Agriculture may exchange with such public agencies forest-tree

seed and nursery stock for forest-tree seed or nursery stock of the

same or different species upon a determination that such exchange is

in the interest of the United States and that the value of the property

given in exchange does not exceed the value of the property received :

Provided further^ That no nursery stock shall be sold or exchanged

under this section as ornamental or other stock for landscape

planting of the types commonly grown by established commercial

nurserymen.

Rights of way: Transmission, telephone, and telegraph lines.

Act of March 4, 1911 (36 Stat. 1253; 16 U. S. C. 523)

The head of the department having jurisdiction over the lands be,

and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights-of-way, for

a period not exceeding fifty years from the date of the issuance of

such grant, over, across, and upon the public lands, national forests,

and reservations of the United States for electrical poles and lines

for the transmission and distribution of electrical power, and for

poles and lines for telephone and telegraph purposes, to the extent

of twenty feet on each side of the center line of such electrical, telephone and telegraph lines and poles, to any citizen, association, or

corporation of the United States, where it is intended by such to

exercise the right-of-way herein granted for any one or more of the

purposes herein named : Provided^ That such right-of-way shall be

allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the approval of the

chief officer of the department under whose supervision or control
17

such reservation falls, and upon a finding by him that the same is not

incompatible with the public interest: Provided^ That all or any part

of such right-of-way may be forfeited and annulled by declaration of

the head of the department having jurisdiction over the lands for

nonuse for a period of two years or for abandonment.

Any citizen, association, or corporation of the United States to

whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit

. of this act upon the same terms and conditions as shall be required

of citizens, associations, or corporations hereafter making application

under the provisions of this statute.

Canals and ditches, dams and reservoirs, electrical and water plants, tunnels

or other water conduits, transmission, telephone, and telegraph lines.

Act of February 15,1901 (31 Stat. 790 ; 16 U. S. C. 522)

The Secretary of Agriculture is authorized and empowered, under

general regulations to be fixed by him, to permit the use of rights-ofway through the national forests for electrical plants, poles, and lines

for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe

lines, flumes, tunnels, or other water conduits, and for water plants,

dams and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the

supplying of water for domestic, public, or any other beneficial uses

to the extent of the ground occupied by such canals, ditches, flumes,

tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty

feet on each side of the marginal limits thereof, or not to exceed

fifty feet on each side of the center line of such pipes and pipe lines,

electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended

by such to exercise the use permitted hereunder for any one or more

of the purposes herein named. Such permits shall be allowed within

or through any national forest, only upon the approval of the chief

officer of the department under whose supervision such national forest

falls and upon a finding by him that the same is not incompatible

with the public interest. All permits given hereunder for telegraph

and telephone purposes shall be subject to the provision of sections

1 to 6 and 8 of Title 47 TELEGEAPHS, TELEPHONES, AND

EADIOTELEGEAPHS, regulating rights-of-way for telegraph

companies over the public domain. Any permission given by the

Secretary of Agriculture under the provisions of this section may be

revoked by him or his successor in his discretion, and shall not be

held to confer any right, or easement, or interest in, to, or over any

national forest.

Railroads.

Act of March 3, 1875 (18 Stat. 482; 48 U. S. C. 934)

Note : This act is administered by tlie Department of the Interior.

The right of way through the public lands of the United States is

granted to any railroad company duly organized under the laws of

any State or Territory, except the District of Columbia, or by the

940688*'—51 3
18

Congress of the United States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due

proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road.

Act of March 3, 1890 (30 Stat 1233; 16 U. S. O. 525)

In the form provided by existing law, the Secretary of the Interior

may file and approve surveys and plats of any right of way for a

wagon road, railroad, or other highway over and across any national

forest or reservoir site when in his judgment the public interests will

not be injuriously affected thereby.

Irrigation and drainage.

Acts of March 3, 1891 (sec. 18, 26 Stat. 1101 ; March 4,1917, sec. 1, 39 Stat. 1197 ;

May 28, 1926, 44 Stat. 668; 43 U. S. C. 946)

The right-of-way through the public lands and reservations of the

United States is hereby granted to any canal ditch company, irrigation or drainage district formed for the purpose of irrigation or

drainage, and duly organized under the laws of any State or Territory, and which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation or, if not

a private corporation, a copy of the law under which the same is

formed and due proof of its organization under the same, to the extent of the ground occupied by the water of any reservoir and of any

canals and laterals and fifty feet on each side of the marginal limits

thereof, and, upon presentation of satisfactory showing by the applicant, such additional right-of-way as the Secretary of the Interior

may deem necessary for the proper operation and maintenance of

said reservoirs, canals, and laterals ; also the right to take from the

public lands adjacent to the line of the canal or ditch, material, earth,

and stone necessary for the construction of such canal or ditch : Provided^ That no such right-of-way shall be so located as to interfere

with the proper occupation by the Government of any such reservation, and all maps of location shall be subject to the approval of the

department of the Government having jurisdiction of such reservation ; and the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes

under authority of the respective States or Territories.

Act of March 3,1891 (sec. 19, 26 Stat. 1102; 43 U. S. O. 947)

Any canal or ditch company desiring to secure the benefits of sections 18 to 21, inclusive, of the Act of March 3, 1891, as amended,

shall, within twelve months after the location of ten miles of its canal,

if the same be upon surveyed lands, and if upon unsurveyed lands,

within twelve months after the survey thereof by the United States, file

with the officer designated by the Secretary of the Interior of the land

office for the district where such land is located a map of its canal or

ditch and reservoir; and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said

office, and thereafter all such lands over which such rights-of-way

shall pass shall be disposed of subject to such right of way. Whenever any person or corporation, in the construction of any canal.
19

ditch, or reservoir, injures or damages the possession of any settler

on the public domain, the party committing such injury or damage

shall be liable to the party injured for such injury or damage.

Act of March 3,1891 (sec. 20, 26 Stat. 1102 ; 43 U. S. C. 948)

The provisions of sections 18 to 21, inclusive, of the Act of March 3,

1891, as amended, shall apply to all canals, ditches, or reservoirs,

heretofore or hereafter constructed, whether constructed by corporations, individuals, or association of individuals, on the filing of the

certificates and maps therein provided for. If such ditch, canal, or

reservoir has been or shall be constructed by an individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and

with the officer designated by the Secretary of the Interior of the

land office where said land is located, a map of the line of such canal,

ditch, or reservoir, as in case of a corporation, with the name of the

individual owner or owners thereof, together with the articles of association, if any there be. Plats filed before March 3, 1891, shall

have the benefits of sections 18 to 21, inclusive, from the date of their

filing, as though filed thereunder : Provided^ That if any section of

said canal, or ditch, shall not be completed within five years after the

location of said section, the rights therein granted shall be forfeited

as to any uncompleted section of said canal, ditch, or reservoir, to

the extent that the same is not completed at the date of the forfeiture.

Act of March 3, 1891 (sec. 21, 26 Stat. 1102 ; 43 U. S. C. 949)

Nothing in sections 18 to 21 of the Act of March 3,1891, as amended,

shall authorize such canal or ditch company to occupy such right of

way except for the purpose of said canal or ditch, and then only so

far as may be necessary for the construction, maintenance, and care

of said canal or ditch.

Water transportation, domestic purposes or development of power.

Act of May 11,1898 (sec. 2, 30 Stat. 404 ; sec. 2, Act of March 4,1917, 39 Stat. 1197 ;

43 U. S. O. 951)

Rights of way for ditches, canals, or reservoirs heretofore or hereafter approved under the provisions of sections 18 to 21, inclusive,

of the Act of March 3,1891, as amended, may be used for purposes of a

public nature ; and said rights of way may be used for purposes of

water transportation, for domestic purposes, or for the development of

power, as subsidiary to the main purpose of irrigation or drainage.

Municipal and mining uses.

Act of February 1, 1905 (33 Stat. 628; 16 U. S. C. 524)

Rights of way for the construction and maintenance of dams,

reservoirs, water plants, ditches, flumes, pipes, tunnels, and canals,

within and across the national forests of the United States, are hereby

granted to citizens and corporations of the United States, for municipal and mining purposes, and for the purposes of the milling and

reduction of ores, during the period of their beneficial use, under such

rules and regulations as may be prescribed by the Secretary of the

Interior, and subject to the laws of the State or Territory in whioh

said forests are respectively situated»
20

Game refuges.

Act of August 11, 1916 (39 Stat. 446, 476), as amended by Act of June 25, 1948,

effective September 1, 1948 (62 Stat. 860) ; 16 U. S. G. 6S3

That the President of the United States is hereby authorized to

designate such areas on any lands which have been, or which may

hereafter be, purchased by the United States under the provisions

of the Act of March first, nineteen hundred and eleven (Thirty-six

Statutes at Lar,ge, page nine hundred and sixty-one), entitled "An

Act to enable any State to cooperate with any other State or States,

or with the United States, for the protection of watersheds of navigable streams, and to appoint a commission for the acquisition of

lands for the purpose of conserving the navigability of navigable

streams", and Acts supplementary thereto and amendatory thereof,

as should, in his opinion, be set aside for the protection of game

animals, birds, or fish ; and, except under such rules and regulations

as the Secretary of Agriculture may from time to time prescribe, it

shall be unlawful for any person to hunt, catch, trap, willfully disturb

or kill any kind of game animal, game or nongame bird, or fish, or

take the eggs of any such bird on any lands so set aside, or in or on

the waters thereof.

LAWS RESPECTING MINING

U. S. Mining Laws (also known as General Mining Laws).

Act of May 10,1872 (17 Stat. 91), as amended, 30 U. S. C. 22-47

Explanatory note : The U. S. Mining Laws, unless otherwise provided by law, apply to all minerals except oil, gas, oil shale, coal,

potassium, sodium and phosphate, and sulphur in Louisiana and New

Mexico, on national forest lands which were withdrawn from the

public domain for national forest purposes or which were acquired

by exchange under the Act of March 20,1922 (42 Stat. 465 ; 16 U. S. C.

485), or similar law, by the terms of which "public land" or the

timber thereon is granted in exchange for land of equal value.

The mining laws do not apply to lands situated in Minnesota,

Michigan, Wisconsin (30 U. S. C. 48) ; Alabama (30 U. S. C. 171) ;

Missouri and Kansas (30 U. S. C. 49) ; and certain lands in Oklahoma

(43 XJ. S. C. 1098, 1100,1131). Similarly, they do not apply to lands

within reclamation withdrawals (43 U. S. C. 416,432) ; Federal power

withdrawals, except when authorized (16 U. S. C. 818) ; Federal Game

Kefuges ; military reservations ; or to lands otherwise specifically

withdrawn from their operation. Lands used by the United States

for administrative or public service purposes and lands occupied or

used under a special use or term permit are generally believed to be

withdrawn from the operation of the Mining Laws. There are several

Acts which modify the mining laws as applied to local areas by

limiting the use which may be made of and the title which may be

acquired to the surface. (Legal advice may be required to determine

whether or not the Mining Laws are applicable to a particular tract

of national forest land.)

Mining claims, location and entry.

Act of June 4, 1897 (30 Stat. 36 ; 16 U. S. C. 482)

Any mineral lands in any national forest which have been or which

may be shown to be such, and subject to entry under the existing min-
21

ing laws of the United States and the rules and regulations applying

thereto, shall continue to be subject to such location and entry, notwithstanding any provisions herein contained.

Act of June 4, 1897 (30 Stat. 36; 16 U. S. C. 478)

Nor shall anything herein prohibit any person from entering upon

such national forests for all proper and lawful purposes, including

that of prospecting, locating, and developing the mineral resources

thereof : Provided^ That such persons comply with the rules and regulations covering such national forests.

Mineral Leasing Act of February 25,1920, as amended.

41 Stat. 437 ; 60 Stat. 950 ; 30 U. S. C. 181-263.

Explanatory note : This Act applies to the following minerals only :

oil, oil shale, gas, coal, potassium, sodium and phosphate, and to sulphur in Louisiana and New Mexico.

It is applicable to the public domain and to national forest lands

which were withdrawn or reserved from the public domain by Proclamation or Act of Congress for national forest purposes, or lands

received in exchange for such lands under the Act of March 20, 1922

(42 Stat. 465 ; 16 U. S. C. 485) and similar exchange acts where public

land or timber from such land is used as the base.

The Bureau of Land Management, Department of the Interior, is

responsible for the administration of this Act and the Forest Service

can only recommend special stipulations to protect the national forest

interests. The Bureau of Land Management accords the Forest Service an opportunity to make recommendations with respect to all lease

applications involving national forest lands.

The Act of March 4, 1917 (39 Stat. 1150; 16 U. S. C. 520) referred

to in section 402 of Reorganization Plan No. 3 (hereinafter quoted)

is as follows :

"The Secretary of the Interior is authorized, under general regulations to be prescribed by him, to permit the prospecting, development,

and utilization of the mineral resources of the lands acquired under

the Act of March first, nineteen hundred and eleven (Thirty-sixth

Statutes, page nine hundred and sixty-one), known as the Weeks Law,

upon such terms and for specified periods or otherwise, as he may deem

to be for the best interests of the United States ; and all moneys received on account of charges, if any, made under this Act shall be disposed of as is provided by existing law for the disposition of receipts

from national forests."

Explanatory note: The Clarke-McNary Act and certain Acts of

local application provide that land acquired thereunder shall be subject to the laws applicable to land acquired under the Weeks Law.

Such land therefore is subject to the above quoted statute.

Eeorganization Plan No. 3 transferred to the Secretary of the Interior all functions of the Secretary of Agriculture respecting the use

of mineral deposits under the above quoted Act of March 4, 1917, subject to such conditions as may be prescribed by the Secretary of Agriculture for protecting national forest interests. The Mineral Leasing Act for Acquired Lands (61 Stat. 913 ; 30 U. S. C. 351-359) modified such Reorganization Plan so that it no longer applies to oil, gas,

coal, oil shale, sodium, phosphate, potassium, and sulphur.
22

Reorganization Plan No. 3 of 1946.

60 Stat. 1097 ; 5 Ü. S. C. I33y-16

SEC. 402.—Functions Relating to Mineral Deposits in Certain

Lands,—-Th.^ functions of the Secretary of Agriculture and the Department of Agriculture with respect to the uses of mineral deposits in certain lands pursuant to the provisions of the act of March 4, 1917 (39

Stat. 1134,1150, section 520 of Title 16), title II of the National Industrial Eecovery Act of June 16, 1933 (48 Stat. 195, 200, 202, 205, sections 401, 403 (a) and 408 of Title 40), the 1935 Emergency Eelief

Appropriation Act of April 8, 1935 (48 Stat. 115, 118), section 55 of

title I of the act of August 24,1935 (49 Stat. 750, 781), and the act of

July 22, 1937 (50 Stat. 522, 525, 530), as amended July 28, 1942 (56

Stat. 725, sections 1011 (c) and 1018 of Title 7) are hereby transferred

to the Secretary of the Interior and shall be performed by him or,

subject to his direction and control, by such officers and agencies of

the Department of the Interior as he may designate : Provided^ That

mineral development on such lands shall be authorized by the Secretary of the Interior only when he is advised by the Secretary of Agriculture that such development will notinterfere with the primary purposes for which the land was acquired and only in accordance with

such conditions as may be specified by the Secretary of Agriculture in

order to protect such purposes. The provisions of law governing

the crediting and distribution of revenues derived from the said lands

shall be applicable to revenues derived in connection with the functions

transferred by this section. To the extent necessary in connection

with the performance of the functions transferred by this section, the

Secretary of the Interior and his representatives shall have access to

the title records of the Department of Agriculture relating to the lands

affected by this section.

Mineral leasing act for acquired lands.

Act of August 7, 1947 (61 Stat. 913; 30 U. S. 0. 351-359)

An Act to promote the mining of coal, phosphate, sodium, potassium, oil, oil

shale, gas and sulfur on lands acquired by the United States.

Be it enacted hy the Senate and House of Representatives of the

united States of America in Congress assembled^ That this Act may

be cited as the "Mineral Leasing Act for Acquired Lands".

SEO. 2. As used in this Act "united States" includes Alaska.

"Acquired lands" or "lands acquired by the United States" include all

lands heretofore or hereafter acquired by the United States to which

the "mineral leasing laws" have not been extended, including such

lands acquired under the provisions of the Act of March 1, 1911 (36

Stat. 961, 16 U. S. C, sec. 552). "Secretary" means the Secretary

of the Interior. "Mineral leasing laws" shall mean the Act of October

20, 1914 (38 Stat. 741, 48 U. S. C, sec. 432) ; the Act of February 25,

1920 (41 Stat. 437, 30 U. S. C, sec. 181) ; the Act of April 17,1926 (44

Stat. 301, 30 U. S. C, sec. 271) ; the Act of February 7, 1927 (44 Stat.

1057, 30 U. S. C, sec. 281), and all Acts heretofore or hereafter

enacted which are amendatory of or supplementary to any of the foregoing Acts. "Lease" includes "prospecting permit" unless the context

otherwise requires.
23

SEC. 3. Except where lands have been acquired by the United States

for the development of the mineral deposits, by foreclosure or otherwise for resale, or reported as surplus pursuant to the provisions of

the Surplus Property Act of October 3, 1944 (50 U. S. C, sec. 1611

and the following), all deposits of coal, phosphate, oil, oil shale, gas,

sodium, potassium, and sulfur which are owned or may hereafter be

acquired by the United States and which are within the lands acquired

by the United States (exclusive of such deposits in such acquired lands

as are (a) situated within incorporated cities, towns and villages,

national parks or monuments, (b) set apart for military or naval

purposes, or (c) tidelands or submerged lands) may be leased by the

Secretary under the same conditions as contained in the leasing provisions of the mineral leasing laws, subject to the provisions hereof.

The provisions of the Act of April 17, 1926 (44 Stat. 301), as heretofore or hereafter amended, shall apply to deposits of sulfur covered

by this Act wherever situated. No mineral deposit covered by this

section shall be leased except with the consent of the head of the

executive department, independent establishment, or instrumentality

having jurisdiction over the lands containing such deposit, or holding

a mortgage or deed of trust secured by such lands which is unsatisfied

of record, and subject to such conditions as that official may prescribe

to insure the adequate utilization of the lands for the primary purposes

for which they have been acquired or are being administered : Promded^

That nothing in this Act is intended, or shall be construed, to apply

to or in any manner affect any mineral rights, exploration permits,

leases or conveyances nor minerals that are or may be in any tidelands;

or submerged lands; or in lands underlying the three mile zone or

belt involved in the case of the United States of America against the

State of California now pending on application for rehearing in the

Supreme Court of the united States; or in lands underlying such

three mile zone or belt, or the continental shelf, adjacent or littoral

to any part of the land within the jurisdiction of the United States of

• America.

SEC. 4. Nothing herein contained shall be deemed or construed to

(a) amend, modify, or change any existing law authorizing or requiring the sale of acquired lands, or (b) empower any commission,

bureau, or agency of the Government to make a reservation of the

minerals in the sale of any acquired land : Promded^ That any such

sale or conveyance of lands shall be made by the agency having jurisdiction thereof, subject to any lease theretofore made, covering the

mineral deposits underlying such lands: Promded fv/rther^ That

nothing in this Act is intended, or shall be construed to affect in any

manner any provision of the Act of June 30, 1938 (32 Stat. 1252),

amending the Act of June 4,1920 (41 Stat. 813).

SEC. 5. Where the United States does not own all of the mineral

deposits under any lands sought to be leased and which are affected

by this Act, the Secretary is authorized to lease the interest of the

United States in any such mineral deposits when, in the judgment

of the Secretary, the public interest will be best served thereby ;

subject, however, to the provisions of section 3 hereof. Where the

United States does not own any interest or owns less than a full

interest in the minerals that may be produced from any lands sought

to be leased, and which are or will be affected by this Act and where,

under the provisions of its acquisition, the United States is to acquire
24

all or any part of such mineral deposits in the future, the Secretary

may lease any interest of the United States then owned or to be

acquired in the future in the same manner as provided in the preceding sentence.

SEC. 6. All receipts derived from leases issued under the authority

of this Act shall be paid into the same funds or accounts in the Treasury and shall be distributed in the same manner as prescribed for

other receipts from the lands affected by the lease, the intention of this

provision being thatthis Act shall not affect the distribution of receipts

pursuant to legislation applicable to such lands : Provided^ however^

That receipts from leases or permits for minerals in lands set apart

for Indian use, including lands the jurisdiction of which has been

transferred to the Department of the Interior by the Executive order

for Indian use, shall be deposited in a special fund in the Treasury

until final disposition thereof by the Congress.

SEC. 7. Upon request by the Secretary, the heads of all executive

departments, independent establishments, or instrumentalities having

jurisdiction over any of the lands referred to in section 2 of this Act

shall furnish to the ¡Secretary the legal description of all of such lands,

and all pertinent abstracts, title papers, and other documents in the

possession of such agencies concerning the status of the title of the

United States to the mineral deposits that may be found in such lands.

Abstracts, title papers, and other documents furnished to the Secretary under this section shall be recorded promptly in the Bureau of

Land Management in such form as the Secretary shall deem adequate

for their preservation and use in the administration of this Act, whereupon the originals shall be returned promptly to the agency from

which they were received. Duly authenticated copies of any such

abstracts, title papers, or other documents may, however, be furnished to the Secretary, in lieu of the originals, in the discretion

of the agency concerned.

SEC. 8. Nothing contained in this Act shall be construed to affect

the rights of the State or other local authorities to exercise any right.

which they may have with respect to properties covered by leases

issued under this Act, including the rightto levy and collect taxes upon

improvements, output of mines, or other rights, property, or assets of

any lessee of the United States.

¡SEC. 9. Nothing in this Act shall affect any rights acquired by any

lessee of lands subject to this Act under the law as it existed prior to

the effective date of this Act, and such rights shall be governed by the

law in effect at the time of their acquisition ; but any person qualified

to hold a lease who, on the date of this Act, had pending an application

for an oil and gas lease for any lands subject to this Act which on the

date the application was filed was not situated within the known

geologic structure of a producing oil or gas field, shall have a preference right over others to a lease of such lands without competitive bidding. Any person holding a lease on lands subject hereto,

which lease was issued prior to the effective date of this Act, shall be

entitled to exchange such lease for a new lease issued under the

provisions of this Act, at any time prior to the expiration of such

existing lease.

SEC. 10. The Secretary of the Interior is authorized to prescribe such

rules and regulations as are necessary and appropriate to carry out
25

the purposes of this Act, which rules and regulations shall be the same

as those prescribed under the mineral leasing laws to the extent that

they are applicable.

COLLECTION AND EXPENDITURE OF FUNDS

NOTE.—Many other fiscal provisions will be found in the major organic laws

beginning on page 44 of this compilation.

Receipts and refunds.

Act of June 30,1914 (38 Stat. 430 ; Act of May 29,1928,45 Stat 993 ; 16 U. S. C. 498)

That all money received after July first, nineteen hundred and

seven, by or on account of the Forest Service for timber, or from any

other source of national forest revenue, shall be covered into the

Treasury of the United States as a miscellaneous receipt and there

is hereby appropriated and made available as the Secretary of Agriculture may direct out of any funds in the Treasury not otherwise

appropriated, so much as may be necessary to make refunds to depositors of money heretofore or hereafter deposited by them to secure

the purchase price on the sale of any products or for the use of any

land or resources of the national forests in excess of amounts found

actually due from them to the United States.

Percentage of receipts payable to States.

Act of May 23, 1908 (35 Stat. 260; Act of September 21, 1944, 58 Stat. 737;

16 U. S. C. 500)

That hereafter twenty-five per centum of all money received from

each national forest during any fiscal year, including the year ending

June thirtieth, nineteen hundred and eight, shall be paid at the end

thereof by the Secretary of the Treasury to the State or Territory in

which said national forest is situated to be expended as the State or

Territorial legislature may prescribe for the benefit of the public

schools and public roads of the county or counties in which the

national forest is situated : Provided^ That when any national forest

is in more than one State or Territory or county, the distributive share

to each from the proceeds of said forest shall be proportional to its

area therein. In sales of logs, ties, poles, posts, cordwood, pulpwood,

and other forest products the amounts made available for school and

roads by this Act shall be based upon the stumpage value of the timber.

NOTE.—A similar provision with respect to receipts from lands acquired in any

State under the Weeks Law, as amended by the Act of June 30, 1914 (38 Stat.

441), is carried in section 13 thereof with the following proviso added :

Provided further, That there shall not be paid to any State for any county an

amount equal to more than 40 per centum of the total income of such county

from all other sources. (This proviso repealed by sec. 17, 64 Stat. 82.)

Payments to Minnesota on account certain areas in Superior Forest.

The Act of June 22, 1948 (62 Stat. 568; 16 U. S. C. 577c-577h)

authorizes the acquisition of certain lands within the Superior

National Forest in Minnesota and directs annual payments to the

State on account of such lands in accordance with the following section of the Act.

940688*'—51-
26

SEC. 5. That the Secretary of the Treasury, upon the certification

of the Secretary of Agriculture, shall pay to the State of Minnesota, at

the close of each fiscal year from any national-forest receipts not

otherwise appropriated a sum of money equivalent to three-quarters

of 1 per centum of the fair appraised value of such national-forest

lands as may be situated within the area described in section 2 of this

Act 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 approval of this Act: And provided further^

That the provisions of the Act of May 23, 1908 (35 Stat. 260), and of

section 1.3 of the Act of March 1, 1911, as amended (36 Stat. 961; 38

Stat. 441), shall not be applicable to the national-forest lands to

which this section applies.

Authorization for appropriating part of grazing receipts for range improvements.

Act of Aprü 24, 1950 (64 Stat. 82)

SEO. 12. Of the moneys received from grazing fees by the Treasury

from each national forest during each fiscal year there shall be available at the end thereof when appropriated by Congress an amount

equivalent to 2 cents per animal-month for sheep and goats and 10

cents per animal-month for other kinds of livestock under permit on

such national forest during the calendar year in which the fiscal year

begins, which appropriated amount shall be available until expended

on such national forest, under such regulations as the Secretary of

Agriculture may prescribe, for (1) artificial revegetation, including

the collection or purchase of necessary seed; (2) construction and

maintenance of drift or division fences and stock-watering places,

bridges, corrals, driveways, or other necessary range improvements;

(3) control of range-destroying rodents; or (4) eradication of poisonous plants and noxious weeds, in order to protect or improve the

future productivity of the range.

Moneys erroneously collected.

Act of March 4, 1911 (36 Stat. 1253 ; 16 U. S. C. 490)

That so much of an Act entitled "An Act making appropriations

for the Department of Agrriculture for the fiscal year ending June

thirtieth, nineteen hundred and eight", approved March fourth, nineteen hundred and seven (Thirty-fourth Statutes at Large, pa^es

twelve hundred and fifty-six and twelve hundred and seventy), which

provides for refunds by the Secretary of Agriculture to depositors

of moneys to secure the purchase price of timber or the use of lands

or resources of the national forests such sums as may be found to

be in excess of the amounts found actually due the United States,

be, and is hereby, amended hereafter to appropriate and to include

so much as may be necessary to refund or pay over to the rightful
27

claimants such sums as may be found by the Secretary of Agriculture

to have been erroneously collected for the use of any lands, or for

timber or other resources sold from lands located within, but not a

part of, the national forests, or for alleged illegal acts done upon

such lands, which acts are subsequently found to have been proper

and legal.

Expenditures from receipts for roads and trails.

Act of March 4, 1913 (37 Stat. 843; 16 U. S. C. 501)

Ten per centum of all moneys received from the national forests

during each fiscal year shall be available at the end thereof, to be

expended by the Secretary of Agriculture for the construction and

maintenance of roads and trails within the national forests in the

States from which such proceeds are derived; but the Secretary of

Agriculture may, whenever practicable, in the construction and maintenance of such roads, secure the cooperation or aid of the proper State

or Territorial authorities in the furtherance of any system of highways of which such roads may be made a part. In sales of logs, ties,

poles, posts, cordwood, pulpwoodj, and other forest produicts the

amounts made available for schools and roads by this section shall

be based upon the stumpage value of the timber.

Reimbursement for damage to private property.

Act of May 27, 1930 (46 Stat. 387; 16 U. S. C. 574)

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 $500 shall be made on any such claim.

Act of January 31, 1931 (46 Stat. 1052; 16 U. S. 0. 502)

The Secretary of Agriculture is authorized, under such regulations as he may prescribe, to reimburse owners for loss, damage, or

destruction of horses, vehicles, and other equipment obtained by the

Forest Service for the use of that service from employees or other

private owners : Promded^ That payments or reimbursements herein

authorized may be made from the applicable appropriations for the

Forest Service : And promded further^ That except for fire fighting

emergencies no reimbursement herein authorized shall be made in

an amount in excess of $50 in any case unless supported by a written

contract of hire or lease.

Purchase of tree seed, cones, and nursery stock.

Act of AprU 24, 1950 (64 Stat. 82)

SEC. 2. That so much of the Act of June 30,1914 (38 Stat. 415, 429,

16 U. S. C. 504), as provides : "That hereafter the Secretary of Agriculture may procure such seed, cones, and nursery stock by open

purchase, without advertisements for proposals, whenever in his discretion such method is most economical and in the public interest and
28

when the cost thereof will not exceed $500:", is hereby amended to

read as follows : "That the provisions of section 3709, Kevised Statutes

(41 U. S. C. 5), shall not apply to any purchase by the Forest Service

of forest-tree seed or cones or of forage plant seed when the amount

involved does not exceed $10,000, nor to any purchase of forest-tree

nursery stock when the amount involved does not exceed $500, whenever, in the discretion of the Secretary of Agriculture, such method is

in the public interest."

Cooperative funds.

Act of June 30,1914 (38 Stat. 430 ; Act of May 29,1928,45 Stat. 993 ; 16 U. S. 0.498)

That hereafter all moneys received as contributions toward cooperative work in forest investigations, or the protection and improvement

of the national forests, shall be covered into the Treasury and shall

constitute a special fund, which is hereby appropriated and made

available until expended, as the Secretary of Agriculture may direct,

for the payment of the expenses of said investigations, protection, or

improvements by the Forest Service, and for refunds to the contributors of amounts heretofore or hereafter paid in by them in excess of

their share of the cost of said investigations, protection, or

improvements.

Cooperative assistance to owners of non-Federal lands and to national forest

users

Act of AprU 24, 1950 (64 Stat. 82)

SEC. 5. That section 1 of the Act of March 3, 1925 (43 Stat. 1132;

16 U. S. C. 572), is hereby amended to read as follows:

"SEC 1. (a) The Secretary of Agriculture is authorized, where

the public interest justifies, to cooperate with or assist public and

private agencies, organizations, institutions, and persons in performing work on land in State, county, municipal, or private ownership,

situated within or near a national forest, for which the administering

agency, owner, or other interested party deposits in one or more

payments a sufficient sum to cover the total estimated cost of the

work to be done for the benefit of the depositor, for administration,

protection, improvement, reforestation, and such other kinds of work

as the Forest Service is authorized to do on lands of the United States :

Provided^ That the United States shall not be liable to the depositor

or landowner for any damage incident to the performance of such

work.

"(b) Cooperation and assistance on the same basis as that authorized in subsection (a) 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) Moneys deposited under this section shall be covered into the

Treasury and shall constitute a special fund, which is hereby 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
29

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 fwrther^ That when by terms of a written agreement either

Earty thereto furnishes materials, supplies, equipment, or services for

re 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."

Deposits required to cover cost of brush disposal.

Act of Aprü 24, 1950 (64 Stat. 82)

SEC. 6. That so much of the Act of August 11, 1916 (39 Stat. 446,

462; 16 Ü. S. 0. 490), as provides: "That hereafter deposits may be

received from timber purchasers in such sums as the Secretary of

Agriculture may require to cover the cost to the United States ot

disposing of brush and other debris resulting from cutting operations

in sales of national-forest timber ; such deposits shall be covered into

the Treasury and shall constitute a special fund, which is hereby

appropriated and made available until expended, as the Secretary

of Agriculture may direct, to pay the cost of such work and to make

refunds to the depositors of amounts deposited by them in excess

of such cost.", is hereby amended to read as follows : "Purchasers of

national-forest timber may be required by the Secretary of Agriculture to deposit the estimated cost to the united States of disposing of

brush and other debris resulting from their cutting operations, such

deposits to be covered into the Treasury and constitute a special

fund, which is hereby appropriated and shall remain available until

expended : Provided^ That any deposits in excess of the amount expended for disposals shall be transferred to miscellaneous receipts,

Torest-reserve fund, to be credited to the receipts of the year in which

such transfer is made."

Deposits to defray cost of scaling services.

Act of September 21, 1944 (58 Stat. 737; 16 U. S. C. 572a)

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.
30

Installation of telephones in residences of seasonal employees and cooperators.

Act of April 24, 1950 (64 Stat. 82)

SEC. 10. Notwithstanding the provisions of section 7 of the Act of

August 23,1912, as amended (31 Ü. S. C. 6T9), appropriations for the

protection and management of the national forests shall be available

to pay for telephone service installed in residences of seasonal employees and of persons cooperating with the Forest Service who

reside within or near the national forests when such installation is

determined by the Secretary of Agriculture to be needed in protecting

the national forests: 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.

Cooperation with the Coast Guard.

Act of March 3,1915 (38 Stat. 928 ; 33 U. S. O, 756)

SEC. 6. That hereafter the annual appropriations for the Coast

Guard shall be available for defraying the expenses of cooperation

between the Coast Guard and the Forest Service in the management

of forest land on lighthouse reservations.

Receipts—hunting—Weeks Law lands.

Act of March 4, 191T (39 Stat. 1149; 16 U. S. C. 499)

That hereafter, all moneys received on account of permits for

hunting, fishing, or camping, on lands acquired under authority of

said Act (Weeks Law), or any amendment or extension thereof, shall

be disposed of as is provided by existing law for the disposition of

receipts from national forests.

Cooperation with States and other agencies.

Act of July 24, 1919 (41 Stat. 270; 5 U. S. C. 563, 564)

That hereafter in carrying on the activities of the Department of

Agriculture involving cooperation with State, county and municipal

agencies, associations of farmers, individual farmers, universities,

colleges, boards of trade, chambers of commerce, or other local associations of business men, business organizations, and individuals

within the State, Territory, district or insular possession in which

such activities are to be carried on, moneys contributed from such

outside sources, except in the case of the authorized activities of the

Forest Service, shall be paid only through the Secretary of Agriculture or through State, county or municipal agencies, or local farm

bureaus or like organizations, cooperating for the purpose with the

Secretary of Agriculture.

The officials and the employees of the Department of Agriculture

engaged in the activities described in the preceding paragraph and

paid in whole or in part out of funds contributed as provided therein,

and the persons, corporations, or associations making contributions

as therein provided, shall not be subject to the proviso contained in the

Act making appropriations for the legislative, executive, and judicial

expenses of the Government for the fiscal year ending June 30, 1918,

and for other purposes, approved March 3, 1917, in Thirty-ninth

Statutes at Large, at page 1106 (5 U. S. C. 66) ; nor shall any official
31

or employee engaged in the cooperative activities of the Forest Service, or the persons, corporations, or associations contributing to such

activities be subject to the said proviso.

NOTE.—Cooperative undertakings are rarely entered into by the Forest Service under the authority conferred by the two preceding paragraphs, and then

only when there is no other provision of law specially applicable to the Forest

Service authorizing the particular kind of cooperation involved.

Traveling expenses—publication activities.

Act of May 11, 1922 (42 Stat. 521 ; 16 U. S. O. 556)

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.

Purchase of experimental materials and equipment.

Act of April 24, 1950 (64 Stat. 82)

SEC. 3. The provisions of section 3709, Eevised Statutes (41 U. S. C.

5), 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.

Rent from employees.

Act of January 31, 1931 (46 Stat. 1052; 16 U. S. C. 502

The Secretary of Agriculture is authorized, under such regulations

as he may prescribe, to hire or rent property from employees of the

Forest Service for the use of officers of that service other than use

by the employee from whom hired or rented, whenever the public

interest will be promoted thereby: Provided^ That the aggregate

amount to be paid permanent employees under authorizations of this

subsection exclusive of obligations occasioned by fire emergencies,

shall not exceed $3,000 in any one year.

Forage, etc.

Act of January 31, 1931 (46 Stat 1052; 16 U. S. C. 502)

The Secretary of Agriculture is authorized, under such regulations

as he may prescribe, to provide forage, care, and housing for animals,

and storage for vehicles and other equipment obtained by the Forest

Service for the use of that service from employees.
32

Quarters, heat, light, etc., for field employees.

Sec. 3, Act of March 5, 1928 (45 Stat. 19S ; 5 U. S. C. 75a)

The head of an executive department or independent establishment, where, in his judgment, conditions of employment require it,

may continue to furnish civilians employed in the field service with

quarters, heat, light, household equipment, subsistence, and laundry

service; and appropriations of the character used before March 5,

1928, for such purposes are hereby made available therefor : Provided^

That the reasonable value of such allowances shall be determined and

considered as j)art of the compensation in fixing the salary rate of such

civilians.

Employment of men with equipment, etc.

Act of June 4, 1936 (49 Stat. 1422 ; 5 U. S. C. 542a)

Funds available for field work in the Department of Agriculture

shall be available for employment by contract or otherwise of men

with equipment, boats, work animals, animal-drawn, and motor-propelled vehicles.

Sale of photographic reproductions and maps.

Section 387, title III, Act of Feb. 16, 1938 (52 Stat. 68; 7 U. S. C. 1387)

The Secretary may furnish reproductions of such aerial,or other

photographs, mosaics, and maps as have been obtained in connection

with the authorized work of the Department to farmers and governmental agencies at the estimated cost of furnishing such reproductions,

and to persons other than farmers at such prices (not less than estimated cost of furnishing such reproductions) as the Secretary may

determine, the money received from such sales to be deposited in the

Treasury to the credit of the appropriation charged with the cost

of making such reproductions. This section shall not affect the power

of the Secretary to make other disposition of such or similar materials

under any other provision of existing law.

Equipment and subsistence.

Act of March 3, 1925 (43 Stat. 1133; 16 U. S. C. 557)

SEC. 4. That the Secretary of Agriculture is hereby 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.

Medical attention.

Act of March 3, 1925 (43 Stat. 1133 ; 16 U. S. C. 557) as amended by Act of AprU

24,1950 (64 Stat. 82)

SEC. 6. That the Secretary of Agriculture is hereby 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
33

shipment or for burial: Promded^ That when a transient without

permanent residence, or any other person while away from his place

of residence, is temporarily employed by the Forest Service and while

so employed becomes disabled because of injury or illness not attributable to official work, he may be provided hospitalization and other

necessary medical care, subsistence, and lodging for a period of not

to exceed fifteen days during such disability, the cost thereof to be

payable from any funds available to the Forest Service applicable to

the work for which such person is employed.

Act of AprU 24, 1950 (64 Stat. 82)

SEC. 16. 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 the United States

Employees' Compensation Act, as amended (5 U. S. C, 751 and the

following), 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 United

States Employees' Compensation Commission shall be notified

promptly of the amount so paid, which amount shall be deducted

from the amount, if any, otherwise payable by the United States

Employees' Compensation Commission to the employee on account

of the injury, the amount so deducted by the Commission 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^ther 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 United States Employees' Compensation Commission from

denying further payments should the Commission determine that

compensation is not properly allowable unrer the provisions of the

Employees' Compensation Act.

Cross Reference : See also sec. 202 of the Department of Agriculture Organic

Act of 1944 (58 Stat. 736 ; 16 U. S. C. 554b)

Lost persons.

Act of May 27, 1930 (46 Stat. 387; 16 U. S. C. 575)

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

940688''--SI 5
34

where the sick or injured person, or the body, may be transferred to

interested parties or local authorities.

Cross References : see Title II of the Department of Agriculture Organic Act

of 1944 on page 68 for the following authorization provisions :

Sec. 201. Payment of rewards for information leading to arrest and conviction for violating laws and regulations relating to forest fires.

Sec. 203. Sale and distribution of supplies, equipment, and materials to

other Government activities and to cooperating State and private agencies.

Sec. 204. Use of Forest Service appropriations for repair, etc. of equipment ;

rental of fire control equipment to non-Federal agencies.

Sec. 206. Care of graves of employees who lost their lives in fighting forest

fires.

Sec. 211. Use of Forest Service funds for administration of certain lands.

Sec. 213. Appropriation authorization for the estahlishment and protection

of water rights.

Interdepartmental work, services, etc

Act of June 30, 1932 (47 Stat. 417, as amended; 31 U. S. O. 686, e86b)

SEC. 601. Section 7 of the Act entitled "An Act making appropriations for fortifications and other works of defense, for the armament

thereof, and for the procurement of heavy ordnance for trial and

service, for the fiscal year ending June 30, 1921, and for other purposes", approved May 21, 1920, is amended to read as follows :

"Section 7. (a) Any executive department or independent establishment of the Government, or any bureau or office thereof, if funds are

available therefor and if it is determined by the head of such executive

department, establishment, bureau, or office to be in the interest of the

Government so to do, may place orders with any other such department, establishment, bureau, or office for materials, supplies, equipment, work, or services, of any kind that such requisitioned Federal

agency may be in a position to supply or equipped to render, and shall

pay promptly by check to such Federal agency as may be requisitioned,

upon its written request, either in advance or upon the furnishing or

performance theregf, all or part of the estimated or actual cost thereof

as determined by such department, establishment, bureau, or office

as may be requisitioned; but proper adjustments on the basis of the

actual cost of the materials, supplies, or equipment furnished, or work

or services performed, paid for in advance, shall be made as may be

agreed upon by the departments, establishments, bureaus, or offices

concerned: Provided^ That the Department of the Army, Navy Department, Treasury Department, Civil Aeronautics Administration,

and the Maritime Commission may place orders, as provided herein,

for materials, supplies, equipment, work, or services, of any kind that

any requisitioned Federal agency may be in a position to supply, or to

render or to obtain by contract : Promded fwfther^ That if such work

or services can be as conveniently or more cheaply performed by

private agencies such work shall be let by competitive bids to such

private agencies. Bills rendered, or requests for advance payments

made, pursuantto any such order, shall not be subject to audit or certification in advance of payment.

"(b) Amounts paid as provided in subsection (a) shall be credited,

(1) in the case of advance payments, to special working funds, or

(2) in the case of payments other than advance payments, to the

appropriations or funds against which charges have been made pursuant to any such order, except as hereinafter provided. The Secretary of the Treasury shall establish such special working funds as may
35

be necessary to carry out the provisions of this subsection. Such

amounts paid shall be available for expenditure in furnishing the materials, supplies, or equipment, or in performing the work or services,

or for the objects specified in such appropriations or funds. Where

materials, supplies, or equipment are furnished from stocks on hand,

the amounts received in payment therefor shall be credited to appropriations or funds, as may be authorized by other law, or, if not so

authorized, so as to be available to replace the materials, supplies, or

equipment, except that where the head of any such department, establishment, bureau, or office determines that such replacement is not

necessary the amounts paid shall be covered into the Treasury as

miscellaneous receipts.

^ "(c) Orders placed as provided in subsection (a) shall be considered as obligations upon appropriations in the same manner as

orders or contracts placed with private contractors. Advance payments credited to special working funds shall remain available to the

procuring agency for entering into contracts and other uses during

the fiscal year or years for which the appropriation involved was made

and thereafter until said appropriation lapses under the law to the

surplus fund of the Treasury."

^ SEC. 602. (a) Notwithstanding the provisions of this title, such section 7, as in force prior to the date of the enactment of this Act, shall

remain in force with respect to the disposition of funds transferred

thereunder prior to such date.

(b) Nothing in this title shall be construed to authorize any Government department or independent establishment, or any bureau or office

thereof, to place any orders for material, supplies, equipment, work,

or services to be furnished or performed by convict labor, except as

otherwise provided by existing law.

(c) The provisions of this title are in addition to and not in substitution for the provisions of any other law relating to working funds.

Contracts prior to appropriations.

Act of June 30, 1932 (47 Stat. 473 ; 16 U. S. 0. 557a)

That the Secretary of Agriculture is hereafter authorized in connection with the administration of the national forests to enter into

contracts for the procvirement of services, materials, and supplies for

the ensuing fiscal year, prior to the passage of an appropriation therefor: Pr<9W<^é?(^, That such contract 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 promded fwrther^

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 paymentthereunder will be made until

such appropriation becomes available for expenditure.

Certain legal instruments not deposited in GAO.

Act of June 15,1940 (54 Stat. 398 ; 41 U. S. C. 20a)

That permits, contracts, agreements, or other instruments requiring

payments into the Treasury of the United States on account of sale

of national forest products, use of national forest land, or other sources

of national forest revenue, including contributions by cooperators in
36

connection with authorized activities of the Forest Service, shall be

exempt from the provisions of Section 20, Title 41, United States Code,

when the permit or other instrument does not require payment to the

Government in excess of $300 in any one fiscal year.

NOTE.—The above Act modifies to the extent indicated Section 20, Title 41, U. S.

Code, which requires that aU contracts requiring the advance of money, or in

any manner connected with the settlement of public accounts, shall be deposited

in the General Accounting Office.

Tort Claims Procedure.

Chapter 171, Title 28 U. S. Code. Act of June 25,1948, as amended

SEC. 2672. Administrative adjustment of claims of $1,000 or less.

The head of each federal agency, or his désignée for the purpose, acting

on behalf of the United States, may consider, ascertain, adjust, determine, and settle any claim for money damages of $1,000 or less against

the United States, accruing on and after January 1, 1945, for injury

or loss of property or personal injury or death caused by the negligent

or wrongful act or omission of any employee of the government while

acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable

to the claimant in accordance with the law of the place where the act

or omission occurred.

Subject to the provisions of this title relating to civil actions on

tort claims against the United States, any such award or determination shall be final and conclusive on all officers of the government,

except when procured by means of fraud.

Any award made pursuant to this section, and any award, compromise, or settlement made by the Attorney General pursuant to section 2677 of this title, shall be paid by the head of the federal agency

concerned out of such agency's appropriations therefor, which appropriations are hereby authorized.

The acceptance by the claimant of any such award, compromise, or

settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and

against the employee of the government whose act or omission gave

rise to the claim, by reason of the same subject matter.

• SEC. 2674. Liability of United States. The United States shall be

liable, respecting the provisions of this title relating to tort claims,

in the same manner and to the same extent as a private individual

under like circumstances, but shall not be liable for interest prior to

judgment or for punitive damages.

If, however, in any case wherein death was caused, the law of the

place where the act or omission complained of occurred provides,

or has been construed to provide, for damages only punitive in nature,

the United States shall be liable for actual or compensatory damages,

measured by the pecuniary injuries resulting from such death to the

persons respectively, for whose benefit the action was brought, in

lieu thereof.

SEC. 2675. Disposition by federal agency as prerequisite ; evidence.

(a) An action shall not be instituted upon a claim against the

United States which has been presented to a federal agency, for money

damages for injury or loss of property or personal injury or death

caused by the negligent or wrongful act or omission of an employee
37

of the government while acting within the scope of his authority,

unless such federal agency has made final disposition of the claim.

(b) The claimant, however, may, upon fifteen days written notice,

withdraw such claim from consideration of the federal agency and

comnience action thereon. Action under this section shall not be

instituted for any sum in excess of the amount of the claim presented

to the federal agency, except where the increased amount is based upon

newly discovered evidence not reasonably discoverable at the time

of presenting the claim to the federal agency, or upon allegation and

proof of intervening facts, relating to the amount of the claim.

(c) Disposition of any claim by the Attorney General or other

head of a federal agency shall not be competent evidence of liability

or amount of damages.

SEC. 2677. Compromise. The Attorney General, with the approval

of the court, may arbitrate, compromise, or settle any claim cognizable

under section 1346 (b) of this title, after the commencement of an

action thereon.

HIGHWAYS, FOREST DEVELOPMENT ROADS AND TRAILS

Sec. 23, Federal Highway Act (42 Stat. 218; 47 Stat. 158; sees. 301 and 302 of

1939 Reorganization Plan No. 1, 53 Stat. 1426 ; Act of June 29, 1948, 62 Stat.

1106; and sec. 2 of Reorganization Plan No. 7 of 1949; 23 U. S. C. 23)

Forest development roads and trails.

SEC. 23. (a) The appropriation made for any fiscal year for the

survey, construction, reconstruction, and maintenance of forest development roads and trails shall be expended under the direct supervision of the Secretary of Agriculture in the survey, construction,

reconstruction, and maintenance of roads and trails of primary importance for the protection, administration, and utilization of the

national forests, or when necessary, for the use and development of

the resources upon which communities within or adjacent to the

national forests are dependent, and shall be apportioned among the

States and Territories by the Secretary of Agriculture, according

to the relative needs of the various national forests, taking into consideration the existing transportation facilities, value of timber, or

other resources served, relative fire danger, and comparative difficulties of road and trail construction. (See note 1 at end of Section

23 (e).)

Forest highways.

The appropriations for forest highways shall be expended by the

Secretary of Gommerce in the survey, construction, reconstruction,

and maintenance of forest highways of primary importance to the

State, counties, or communities within, adjoining, or adjacent to the

national forests, and shall be prorated and apportioned by the Secretary of Commerce for expenditures in the several States, Alaska, and

Puerto Rico, according to the area and value of the land owned by the

Government within the national forests therein as determined by the

Secretary of Agriculture from such information, investigation,

sources, and departments as the Secretary of Agriculture may deem

most accurate. (As amended by sec. 3 (a) of Act of June 29, 1948,

p. 39, see note 3.)
38

Apportionment and prorating of appropriation and authorization.

Sec. 2, Act of June 16, 1936 (49 Stat. 1520; sees. 301 and 302 of 1939 Reorganization Plan No. 1, 53 Stat. 1426; and sec. 2 of Reorganization Plan No. 7 of

1949;23U. S. C. 23)

SEO. 23. (b) Before January 2 of each year the Secretary of Commerce for forest highways and the Secretary of Agriculture for forest

development roads and trails shall apportion and prorate among the

several States and Territories as provided in subsection (a) of section

23, the sum authorized for the fiscal year immediately following and

the Secretary of Commerce for forest highways and the Secretary of

Agriculture for forest development roads and trails may approve

projects under such apportionment, and incur obligations or enter

into contracts under their apportionment and prorating of the authorization. Their action in so doing shall be deemed a contractual

obligation on the part of the Federal Government for the payment

of the cost thereof.

NOTE.—Functions of Secretary of Agriculture with respect to forest highways

were transferred to the Federal Works Administrator by the 1939 Reorganization

Plan cited above, and functions of the Federal Works Administrator were

transferred to the Secretary of Commerce by Reorganization Plan No. 7 of 1949.

Cooperation and contracts with States and Territories.

SEG. 23 (c) Cooperation of Territories, States, and civil subdivisions

thereof may be accepted but shall not be required by the Secretary

of Commerce and the Secretary of Agriculture.

SEO. 23. (d) The Secretary of Commerce and the Secretary of Agriculture may enter into contracts with any Territory, State, or civil

subdivision thereof for the construction, reconstruction, or maintenance of any forest road or trail or part thereof. (See note 2 at end

of section 23 (e).)

Contract limitation on forest development roads and trails.

SEO. 23. (e) Construction work on forest development roads or trails

estimated to cost $10,000 or more per mile, (see note 3 at end of this

section), exclusive of bridges, shall be advertised and let to contract.

If such estimated cost is less than $10,000 per mile, or if, after proper

advertising, no acceptable bid is received, or the bids are deemed excessive, the work may be done by the Secretary of Agriculture on his

own account; and for such purpose the Secretary of Agriculture may

purchase, lease, hire, rent or otherwise obtain all necessary supplies,

materials, tools, equipment, and facilities required to perform the

work.

• Any appropriation that may be made for expenditure under the

provisions of this section may be expended for the purpose authorized

in this section and for the payment of wages, salaries, and other expenses for help employed in connection with such work.

The total expenditures on account of any State or Territory, under

this section, shall at no time exceed its authorized apportionment.

NOTE. 1.—^The annual limitation of one-third, but not less than $3,000,000 for

forest development roads and trails as provided in section 2 of the Act of June

16, 1936 (49 Stat. 1520) is no longer applicable since separate authorizations

and appropriations are now provided for forest highways and for forest development roads and trails.

NOTE 2.—Only the functions and personnel of the Bureau of Public Koads

were transferred out of the Department of Agriculture by the 1939 Reorgani-
39

zation Plan No. 1, sections 301 and 302 (53 Stat 1426; 5 U. S. 0. 133S). Prior

to the approval of such plan the responsibility for performing the functions

relative to forest development roads and trails was expressly assigned to

the Forest Service by regulation of the Secretary of Agriculture. Responsibility

for carrying out such functions was never assigned to the Bureau of Public

Roads. Accordingly, some of the general provisions of Section 23 of the Federal

Highway Act of November 9, 1921, as amended, now apply to the Secretary of

Commerce with respect to forest highways and to the Secretary of Agriculture

with respect to forest development roads and trails.

NOTE 3.—This limitation was formerly $5,000. It was changed to $10,000 by

Sec. 3 (c) of the Act of June 29,1948.

Administration of appropriation.

Section 6, Act of September 5, 1940 (54 Stat. 869; 23 U. S. C. 23b)

Appropriations for forest highways shall be administered in conformity with regulations jointly approved by the Secretary of Agriculture and the Secretary of Commerce.

Roadside Development.

Act of September 5, 1940 (54 Stat. 867, 870; 23 U. S. 0. 10b)

Hereafter the construction of highways by the States with the

aid of Federal funds may include such roadside and landscape development, including such sanitary and other facilities as may be deemed

reasonably necessary to provide for the suitable accommodation of the

public, all within the highway right-of-way and adjacent publicly

owned or controlled recreational areas of limited size and with provision for convenient and safe access thereto by pedestrian and vehicular

traffic, as may be approved by the Bureau of Public Eoads. Such construction likewise may include the purchase of such adjacent strips of

land of limited width and primary importance for the preservation

of the natural beauty through which highways are constructed, as may

be approved by the Bureau of Public Koads: Provided, That not to

exceed 3 per centum of the Federal-aid funds apportioned to and

matched by any State under this Act may be used for the purchase of

such adjacent strips of land without being matched by the States.

FLOOD CONTROL

Title 33 U. S. Code

NoTE. By administrative direction the Forest Service and Soil Conservation

Service are within their respective spheres responsible for carrying out on

approved areas the Department of Agriculture program of preliminary examinations, surveys, and operations pursuant to the authority contained in the

following flood control laws.

SEC. 701a. Declaration of flood control policy.

Itis recognized that destructive floods upon the rivers of the United

States, upsetting orderly processes and causing loss of life and property, including the erosion of lands, and impairing and obstructing

navigation, highways, railroads, and other channels of commerce between the States, constitute a menace to national welfare; that it is

the sense of Congress that flood control on navigable waters or their

tributaries is a proper activity of the Federal Government in cooperation with States, their political subdivisions, and localities thereof;

that investigations and improvements of rivers and other waterways,

including watersheds thereof, for flood-control purposes are in the
40

interest of the general welfare ; that the Federal Government should

improve or participate in the improvement of navigable waters or

their tributaries, including watersheds thereof, for flood-control purposes if the benefits to whomsoever they may accrue are in excess of

the estimated costs, and if the lives and social security of the people

are otherwise adversely affected. (June 22, 1936, ch. 688, sec. 1, 49

Stat. 1570.)

SEC. 701a-l. Definition of "flood control"; jurisdiction of Federal

investigations.

The words "flood control" as used in section 701a of this title, shall

be construed to include channel and major drainage improvements,

and Federal investigations and improvements of rivers and other

waterways for flood control and allied purposes shall be under the

jurisdiction of and shall be prosecuted by the Department of the Army

under the direction of the Secretary of the Army and supervision of

the Chief of Engineers, and Federal investigations of watersheds and

measures for run-off and water-flow retardation and soil-erosion prevention on watersheds shall be under the jurisdiction of and shall be

prosecuted by the Department of Agriculture under the direction of

the Secretary of Agriculture, except as otherwise provided by Act of

Congress. (Dec. 22, 1944, ch. 665, sec. 2, 58 Stat. 889.)

SEC. 701b. Supervision of Secretary of the Army and Secretary

of Agriculture; reclamation projects unaffected.

Federal investigations and improvements of rivers and other waterways for flood control and allied purposes shall be under the jurisdiction of and shall be prosecuted by the Department of the Army

under the direction of the Secretary of the Army and supervision of

the Chief of Engineers, and Federal investigations of watersheds and

measures for run-off and waterflow retardation and soil-erosion prevention on watersheds shall be under the jurisdiction of and shall

be prosecuted by the Department of Agriculture under the direction

of the Secretary of Agriculture, except as otherwise provided by Act

of Congress ; and in their reports upon examinations and surveys, the

Secretary of the Army and the Secretary of Agriculture shall be

guided as to flood-control measures by the principles set forth in

section 701a of this title in the determination of the Federal interests

involved: Provided^ That the foregoing grants of authority shall

not interfere with investigations and river improvements incident to

reclamation projects that may now be in progress or may be hereafter undertaken by the Bureau of Reclamation of the Interior Department pursuant to any general or specific authorization of law.

(June 22,1936, ch. 688, sec. 2, 49 Stat. 1570 ; June 28,1938, ch. 795, sec.

1, 52 Stat. 1215; Aug. 18, 1941, ch. 377, sec. 1, 55 Stat. 638.)

SEO. 701b-l. Transfer of jurisdiction in certain cases to Department

of Agriculture.

In order to effectuate the policy declared in sections 701a and 701b

of this title, and to correlate the program for the improvement of

rivers and other waterways by the Department of the Army with the

program for the improvement of watersheds by the Department of

Agriculture, works of improvement for measures of run-off and waterflow retardation and soil-erosion prevention on the watersheds of

waterways, for which works of improvement for the benefit of navifation and the control of destructive floodwaters and other provisions

ave been adopted and authorized to be prosecuted under the direction
! 41

of the Secretary of War and supervision of the Chief of Engineers,

are authorized to be prosecuted by the Department of Agriculture

under the direction of the Secretary of Agriculture and in occordance

with plans approved by him. * * "^x Provided^ That such works

and measures which are herein authorized to be prosecuted by the

Department of Agriculture may be carried out on the watersheds of

the Rio Grande and Pecos Rivers subject to the proviso in section

701b of this title. (June 28, 1938, ch. 795, sec. 7, 52 Stat. 1225.)

SEO. 701b-2. Cooperation by Secretaries of the Army and Agriculture; expenditures.

In carrying out the purposes of sections 701a, 701b, 701c, 701d, 701e5

701f, and 701h of this title, as amended and supplemented, the Secretary of the Army and the Secretary of Agriculture are authorized

to cooperate with institutions, organizations, and individuals, and

to utilize the services of Federal, State, and other public agencies, and

to pay by check to the cooperating public agency, either in advance or

upon the furnishing or performance of said services, all or part of

the estimated or actual cost thereof ; and to make expenditures for

personal services and rent in the District of Columbia and alsewhere,

for purchase of reference and law books and periodicals, for printing

and binding, for the purchase, exchange, operation, and maintenance

of motor-propelled passenger-carrying vehicles and motorboats for

official use, and for other necessary expenses. The provisions of this

section shall be applicable to any funds heretofore appropriated for

the prosecution by the Secretary of Agriculture of works of improvement for measures of run-off and water-flow retardation and soilerosion prevention upon watersheds. (June 28, 1938, ch. 795, sec

5, 52 Stat. 1223 ; Aug. 18,1941, ch. 377, sec. 8, 55 Stat. 650.)

SEC. 701C. Imposing of local requirements authorized.

(d) as a condition to the extending of any benefits, in prosecuting

measures for run-off and water-flow retardation and soil erosion prevention authorized by Act of Congress pursuant to the policy declared

in section 701a of this title, to any lands not owned or controlled by

the United States or any of its agencies, the Secretary of Agriculture

may, insofar as he may deem necessary for the purposes of such Acts,

require—

(1) The enactment and reasonable safeguards for the enforcement

of State and local laws imposing suitable permanent restrictions on

the use of such lands and otherwise providing for run-off and waterflow retardation and soil-erosion prevention :

(2) Agreements or covenants as to the permanent use of such lands;

and

(3) Contributions in money, services, materials, or otherwise to any

operations conferring such benefits. (June 22, 1936, ch. 688, sec. 3,

49 Stat. 1571 ; Aug. 28,1937, ch. 877, sec. 4, 50 Stat. 877.)

SEC. 701e. Flood control funds supplemental to all other appropriations for similar purposes.

*******

The authority conferred by sections 701a, 701b, 701c, 701d-701f, and

701h of this title and sections 5-7 of Act June 22,1936, ch. 688, 49 Stat.

1572-1596, and any funds appropriated pursuant thereto for expendi940688^—51 6
42

ture are supplemental to all other authority and appropriations relating to the departments or agencies concerned, and nothing in said sections shall be construed to limit or retard any department or agency

in carrying out similar and related activities heretofore or hereafter

authorized, or to limit the exercise of powers conferred on any department or agency bv other provisions of law is ^ carrying out similar

and related activities. (June 22,1936, ch. 688, sec. 8, 49 Stat. 1596.)

SEC. 702a-10. Use of properties in Morganza, Eudora, and West

Atchafalaya Floodways for national forests and wildlife refuges.

* * * « « «

And provided further^ That if the Secretary of Agriculture shall

determine to acquire any of the properties within the floodways herein

referred to, for national forests, wildlife refuges, or other purposes

of his Department, the Secretary of the Army may, upon recommendation by the Chief of Engineers, in lieu of acquiring flowage rights,

advance to or reimburse the said Secretary of Agriculture sums equal

to those that would otherwise be used for the purchase of easements

desired by the Department of the Army and the Secretary of Agriculture is authorized to use these sums for the purpose of acquiring properties in the floodways in question. (June 15, 1936, ch. §48, sec. 12,

49 Stat. 1512.)

Act of December 22,1944 (58 Stat. 887)

An Act authorizing the construction of certain pubUc works on rivers and harbors

for flood control, and for other purposes.

alt « * * *

SEC. 13. That the following works of improvement for run-off and

water-flow retardation, and soil-erosion prevention, are hereby

adopted and authorized in the interest of the national security and

with a view toward an adequate reservoir of useful and worthy public

works for the postwar construction program to be prosecuted by the

Department of Agriculture, under the direction of the Secretary of

Agriculture, in accordance with the plans of the respective reports

hereinafter designated and subject to the conditions set forth therein:

Provided, Thatthe necessary plans and preliminary work may be prosecuted during the war with funds from appropriations heretofore or

hereafter made for such works so as to be ready for rapid inauguration

of postwar construction: Provided further, That when the existing

critical situation with respect to materials, equipment, and manpower,

no longer exists and in any event not later than immediately foUowiijLg the cessation of hostilities in the present war, the projects herein

shall be initiated as expeditiously and prosecuted as vigorously as may

be consistent with budgetary requirements: Provided further, That

nothing in this section shall be construed as approving or authorizing

the acquisition of any land by the Federal Government until the legislature of the State in which the land lies shall have consented to the

acquisition of lands by the United States for the purposes within the

scope of this section: Provided further, That there shall be paid annually to the county in which any lands acquired under this section

may lie, a sum equal to 1 per centum of the purchase price paid for the

^ So in original.
43

lands acquired in that county or, if not acquired by purchase, 1 per

centum of their valuation at the time of their acquisition.

Works of improvement were adopted and authorized by the Act of

December 22,1944, on the following watersheds :

Los Angeles River Basin Little Sioux River V^atershed

Santa Ynez River Watershed Potomac River Watershed

Trinity River Basin (Texas) Buffalo Creek Watershed (New York)

Little TaUahatchie River Watershed Colorado River Watershed (Texas)

Yazoo River Watershed Washita River Watershed

Coosa River Watershed (Above Rome,

Georgia)

Flood Control Act of 1950 (Public Law 516)

SEC. 216. That section 7 of the Flood Control Act approved June

28,1938, as amended by section 15 of the Act approved December 22,

1944, is hereby amended to read as follows : "The Secretary of Agriculture is hereby authorized in his discretion to undertake such emergency measures for run-off retardation and soil-erosion prevention as

may be needed to safeguard lives and property from floods and the

products of erosion on any watershed whenever fire or any other natural element or force has caused a sudden impairment of that watershed : Provided^ That not to exceed $300,000 out of any funds heretofore or hereafter appropriated for the prosecution by the Secretary of

Agriculture of works of improvement or measures for run-off and

water-flow retardation and soil-erosion prevention on watersheds may

be expended during any one fiscal year for such emergency measures."

Act of January 19, 1948 (62 Stat. 4)

An Act to amend section 3 of the Flood Control Act approved August 28, 1937,

and for other purposes

Be it enacted hy the Senate amd House of Representatives of the

United States of America in Congress assembled^ That section 3 of the

Flood Control Act approved August 28, 1937, is amended to read as

follows :

"SEC. 3. That, in order to further the declaration of policy and principles de<:';lared in sections 1 and 2 of the Flood Control Act approved

June 22, 1936, and to supplement the preliminary examinations and

surveys which the Secretary of the Army has heretofore been, or is

hereafter, authorized and directed to make of waterways with a view

to the control of their floods, the Secretary of Agriculture be, and he

is hereby, authorized and directed to cause preliminary examinations

and surveys to be made for run-off and waterflow retardation and soilerosion prevention on the watersheds of said waterways, the costs

thereof to be paid from appropriations heretofore or hereafter made

for such purposes."

SEC. 2. After the Secretary of Agriculture has submitted to Congress a regular or formal report made on any examination or survey,

pursuant to the Flood Control Act approved June 22,1936, as amended

and supplemented, a supplemental, additional, or review report or

estimate may be made if authorized by law or by resolution of the

Committee on Public Works of the House of Representatives or the

Committee on Public Works of the Senate.
44^

MAJOR ACTS OF CONGRESS, ARRANGED IN THE ORDER

OF THEIR ENACTMENT, RELATING TO FOREST SERVICE ACTIVITIES.

ADMINISTRATION ACT OF 1897

(Act of June 4, 1897, as amended ; 30 Stat. 34-36 ; 31 Stat. 661 ; 33 Stat. 628 ; 34

Stat. 684, 1269; 43 Stat. 1132)

All public lands heretofore designated and reserved by the President of the United States under the provisions of the Act approved

March third, eighteen hundred and ninety-one (26 Stat. 1095, 1103;

Sec 471, title 16, U. S. C), the orders for which shall be and remain

in full force and effect, unsuspended and unrevoked, and all public

lands that may hereafter be set aside and reserved as national forests

under said Act, shall be as far as practicable controlled and administered in accordance with the following provisions (16 U. S. C. 475) :

Ño national forest shall be established, except to improve and protect the forest within the reservation, or for the purpose of securing

favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United

States ; but it is not the purpose or intent of these provisions, or of

the Act providing for such reservations, to authorize the inclusion

therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes (16 U. S. C. 475).

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 said Act of March third, eighteen

hundred and ninety-one (26 Stat. 1095, 1103; Sec. 471, title 16,

Ü. S. C), 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 Act or such rules and regulations shall be punished as is provided for in the Act of June fourth, eighteen hundred

and eighty-eight, amending section fifty-three hundred and eightyeight of the Revised Statutes of the United States (18 U. S. C. 1853) •

Derivation of 18 U. S. C. 1853

[As above indicated section 5388 of the Revised Statutes was

amended by the Act of June 4, 1888 (25 Stat. 166). By the Act

of March 4, 1909 (35 Stat. 1098, 1153), R. S. 5388 was repealed and

reenacted as section 50 of the Criminal Code. Such section 50 was

later designated section 104, Title 18, of the 1940 ed., of the U. S.

Code, and by the Act of June 25, 1948 (62 Stat. 787), effective September 1, 1948, was reenacted and designated section 1853, Chap. 91^

Title 18, U. S. C]

For the purpose of preserving the living and growing timber and

pronioting the younger growth on national forests, the Secretary of

Agriculture, under such rules and regulations as he shall prescribe,

may cause to be designated and appraised so much of the dead,

matured, or large^ growth of trees found upon such national forests

as may be compatible with the utilization of the forests thereon, and

may sell the same for not less than the appraised value in such
45

quantities to each purchaser as he shall prescribe, to be used in the

State or Territory in which such timber reservation may be situated,

respectively, but not for export therefrom. (Note: In effect, the Act

of April 12, 1926, 44 Stat. 242; 16 U. S. C 616 removed the prohibition against export.) Before such sale shall take place notice thereof

shall be given by the said Secretary of Agriculture, for not less than

thirty days, by publication in one or more newspapers of general

circulation, as he may deem necessary, in the State or Territory where

such reservation exists. In cases of unusual emergency the Secretary

of Agriculture may, in the exercise of his discretion, permit the purchase of timber and cordwood in advance of advertisement of sale

at rates of value approved by him and subject to payment of the full

amount of the highest bid resulting from the usual advertisement

of sale. He may, in his discretion, sell without advertisement, in

quantities to suit applicants, at a fair appraisement, timber and cordwood and other forest products not exceeding in value $500, In cases

in which advertisement is had and no satisfactory bid is received, or

in cases in which the bidder fails to complete the purchase, the

timber may be sold without further advertisement, at private sale,

in the discretion of the Secretary of Agriculture, at not less than

the appraised valuation, in quantities to suit purchasers. Such

timber, before being sold, shall be marked and designated, and shall

be cut and removed under the supervision of some person appointed

for that purpose by the Secretary of Agriculture not interested in

the purchase or removal of such timber nor in the employment of

the purchaser thereof. Such supervisor shall make reports in writing

to the Secretary of Agriculture (16 U. S. C. 476).

NOTE: The Act of June 4,1897 (30 Stat. 35), contained the foUowing provision

which was repealed by implication by the Act of February 1, 1905 (33 Stat.

628; 16 Ü. S. C. 472); and the Act of March 4, 1907 (34 Stat. 1270; 16

Ü. S. C. 499) :

"Payments for such timber to be made to the receiver of the local land office

of the district wherein said timber may be sold, * * * ; and the moneys

arising therefrom shall be accounted for by the receiver of such land office to

the Commissioner of the General Land Office, in a separate account, and shall

be covered into the Treasury."

The Secretary of Agriculture may permit, under regulations to be

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

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

prospectors for minerals, for firewood, fencing, buildings, mining,

prospecting, and other domestic purposes, as may be needed by such

persons for such purposes; such timber to be used within the State

or Territory, respectively, where such national forests may be located

(16U. S.C.477).

Nothing herein (Sees. 473-482, inclusive, and Sec. 551, title 16,

U. S. C.) shall be construed as prohibiting the egress or ingress of

actual settlers residing within the boundaries of national for:ests, or

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

such wagon roads and other improvements may be constructed thereon

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

under such rules and regulations as may be prescribed by the Secretary

of Agriculture. Noi shall anything herein prohibit any person from

entering upon such national forests for all proper and lawful purposes, including that of prospecting, locating, and developing the

mineral resources thereof : Provided^ That such persons comply with
46

the rules and regulations covering such national forests (16

U.S. 0.478).

The settlers residing within the exterior boundaries of national

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

within such national forest, and for that purpose may occupy any

part of the said national forest, not exceeding two acres for each

schoolhouse and one acre for a church ( 16 U. S. C. 479 ). * „ .

The jurisdiction, both civil and criminal, over persons within

national forests shall not be affected or changed by reason of their

existence, except so far as the punishment of offenses against the

United States therein is concerned ; the intent and meaning of this

provision being that the State wherein any such national forest is

situated shall not, by reason of the establishment thereof, lose its

jurisdiction, nor the inhabitants thereof their rights and privileges

as citizens, or be absolved from their duties as citizens of the State

(16 Ü. S.O. 480).

All waters within the boundaries of national forests may be used

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

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

laws of the United States and the rules and regulations established

thereunder (16, U. S. C. 481).

Upon the recommendation of the Secretary of Agriculture, with the

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

in two papers of general circulation in the State or Territory wherein

any national forest is situated, and near the said national forest, any

public lands embraced within the limits of any such forest which,

after due examination by personal inspection of a competent person

appointed for that purpose by the Secretary of Agriculture, shall be

found better adapted for mining or for agricultural purposes than

for forest usage, may be restored to the public domain. And any

mineral lands in any national forest which have been or which may

be shown to be such, and subject to entry under the existing mining

laws of the IQnited States and the rules and regulations applying

thereto, shall continue to be subject to such location and entry, notwithstanding any provisions herein contained (16 U. S. C. 482).

The President is hereby authorized at any time to modify any

Executive Order that has been or may hereafter be made establishing

any forest reserve, and by such modification may reduce the area or

change the boundary lines of such reserve, or may vacate altogether

any order creating such reserve (16 U. S. C. 473).

NOTE: The Act of June 4, 189T (30 Stat. 34) also contained the foUowlng

proTLsion :

"That, to remove any doubt which may exist pertaining to the authority of

the President thereunto, the President of the United States is hereby authorized

and empowered to revoke, modify, or suspend any and all such Executive Orders

and proclamations, or any part thereof, from time to time as he shall deem

best for the public interest." (See 16, U. S. O. 473).

TRANSFER ACT OF 1905

(Act of February 1, 1905 ; 33 Stat. 628 ; 16 U. S. O. 472)

An Act providing for the transfer of forest reserves from the Department of

the Interior to the Department of Agriculture.

Be it enacted hy the Senate and House of Representatives of the

United States of America in Congress assembled^ That the Secretary
47

of the Department of Agriculture shall, from and after the passage

of this Act, execute or cause to be executed all laws affecting public

lands heretofore or hereafter reserved under the provisions of section

twenty-four of the Act entitled "An Act to repeal the timber-culture

laws, and for other purposes," approved March third, eighteen hundred and ninety-one, and Acts supplemental to and amendatory

thereof, after such lands have been so reserved, excepting such laws

as affect the surveying, prospecting, locating, appropriating, entering,

relinquishing, reconveying, certifying, or patentino; of any of such

lands (16U.S. G472). ^ ë' ^ ^ ^

He « « « 9|e itt *

SEC. 3» That forest supervisors and rangers shall be selected, when

practicable, from qualified citizens of the States or Territories in

which the said reserves, respectively, are situated (16 U. S. C. 554).

SEC. 4. That rights of way for the construction and maintenance of

dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and

canals, within and across the forest reserves of the United States, are

hereby granted to citizens and corporations of the United States for

municipal or mining purposes, and for the purposes of the milling and

reduction of ores, during the period of their beneficial use, under such

rules and regulations as may be prescribed by the Secretary of the

Interior, and subject to the laws of the State or Territory in which

said reserves are respectively situated (16 U. S. C. 524).

NOTE.—The foHowing is quoted from a letter sent the Chief of the Forest

Service by Secretary of Agriculture James Wilson on February 1, 1905, the date

the above Transfer Act was approved by the President :

"In the administration of the forest reserves it must be clearly borne in mind

that all land is to be devoted to its most productive use for the permanent good

of the whole people and not for the temporary benefit of individuals or companies.

All the resources of forest reserves are for use, and this use must be brought

about in a thoroughly prompt and businesslike manner, under such restrictions

only as will insure the permanence of these resources.

"The vital importance of forest reesrves to the great industries of the western

states wiU be largely increased in the near future by the continued steady

advance in settlement and development. The permanence of the resources of

the reserves is therefore indispensable to continued prosperity, and the policy

of this Department for their protection and use will invariably be guided hy

this fact, always bearing in mind that the conservative use of these resources

in no way conflicts with their permanent value.

"You will see to it that the water, wood, and forage of the reserves are conserved and wisely used for the benefit of the home-builder first of all ; upon whom

depends the best permanent use of lands and resources alike. The continued

prosperity of the agricultural, lumbering, mining and live-stock interests is

directly dependent upon a permanent and accessible supply of water, wood, and

forage, as well as upon the present and future use of these resources under

businesslüíe regulations, enforced with promptness, effectiveness, and common

sense.

"In the management of each reserve local questions will be decided upon local

grounds ; the dominant industry wiU be considered first, but with as Uttle restriction to minor industries as may be possible ; sudden changes in industrial conditions will be avoided by gradual adjustment after due notice ; and where conflicting interests must be reconciled, the question will always be decided from

the standpoint of the greatest good of the greatest number in the long run "
48

WEEKS LAW

(Act of March 1, 1911, 36 Stat. 961, as amended, Sees. 480, 500, 513-519, 521,

552, 563, title 16, U. S.C.)

Act of March 1 1911 (36 Stat. 961) to enable any State to cooperate with any

other State or States or with the United States, for the protection of the

watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers

Be it enacted hy the Senate and House of Representatives of the

united States of America in Congress assenwled^ That the consent of

the Congress of the United States is hereby 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 otates, 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 (16

U.S. 0.552).

SEC. 2. That the sum of two hundred thousand dollars is hereby

appropriated and made available until expended, out of any moneys

in the National Treasury not otherwise appropriated, to enable the

Secretary of Agriculture to cooperate with any State or group of

States, when requested to do so, in the protection from fire of the

forested watersheds of navigable streams ; and the Secretary of Agriculture is hereby 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: Provided^ That no such stipulation or agreement shall be made with any

State which has not provided by law for a system of forest-fire

protection : Provided further^ That 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

(16U. S. C.563).

SEO. 3. (This section provided annual appropriations for five years,

ending June 30, 1915. Since then appropriations for carrying out

the purposes of this Act have from time to time been made available

in the appropriation Acts for the Department of Agriculture.)

SEC. 4. That a commission, to be known as the National Forest

Reservation Commission, consisting of the Secretary of the Army,^

the Secretary of the Interior, the Secretary of Agriculture, and two

Members of the Senate, to be selected by the President of the Senate,

and two members of the House of Eepresentatives, to be selected by

the Speaker, is hereby created and authorized to consider and pass

upon such lands as may be recommended for purchase as provided

in section six of this Act, and to fix the price or prices at which such

lands may be purchased, and no purchases shall be made of any lands

until such lands have been duly approved for purchase by said commission : Provided^ That the members of the commission herein created

shall serve as such only during their incumbency in their respective

official positions, and any vacancy on the commission shall be filed

in the manner as the original appointment (16 U. S. C. 513).

'The Act of September 21, 1950 (64 Stat. 872) authorizes the Chief of Engineers of the Army to act as an alternate for the Secretary of the Army.
49

SEC. 5. That the commission hereby appointed shall, through its

president, annually report to Congress, notlater than the first Monday

in December, the operations and expenditures of the commission, in

detail, during the preceding fiscal year.

(The provisions of sections 6 and 7 of this Act were extended to

Puerto Rico by Joint Resolution of March 3, 1931, 46 Stat. 1516,

subject to the restriction that not to exceed 50,000 acres of land may be

acquired in Puerto Rico under section 6.)

SEC. 6. (As amended by Sec. 6 of the Act of June 7, 1924, 43 Stat.

654.) That section 6 of the act of March 1, 1911 (Thirty-sixth

Statutes at Large, page 961), is hereby amended to authorize and

direct the Secretary of Agriculture to examine, locate and recommend

for purchase such forested, cut-over or denuded lands within the

watersheds of navigable streams as in his judgment may be necessary

to the regulation of the flow of navigable streams or for the production

of timber and to report to the National Forest Reservation Commission the results of such examination ; but before any lands are purchased by the commission said landsshall be examined by the Secretary

of Agriculture, in cooperation with the Director of the Geological

Survey, and a report made by them to the commission showing that

the control of such lands by the Federal Government will promote or

protect the navigation of streams or by the Secretary of Agriculture

showing that such control will promote the production of timber

thereon (16 Ü. S. C. 515).

SEC. 7. (As amended by Act of March 3,1925,43 Stat. 1215.) That

the Secretary of Agriculture is hereby authorized to purchase, in the

name of the United States, such lands as have been approved for purchase by the National Forest Reservation Commission at the price or

prices fixed by said commission : Provided^ That no deed or other instrument of conveyance shall be accepted or approved by the Secretary

of Agriculture under this Act until the legislature of the State in

which the land lies shall have consented to the acquisition of such land

by the United States for the purpose of preserving the navigability

of navigable streams. Provided further^ That with the approval of

the National Forest Reservation Commission as provided by sections

6 and 7 of this Act, and when the public interests will be benefited

thereby, the Secretary of Agriculture be, and hereby is, authorized, in

his discretion, to accept on behalf of the United States title to any lands

within the exterior boundaries of national forests acquired under this

Act which, in his opinion, are chiefly valuable for the purposes of this

Act, and in exchange therefor to convey by deed not to exceed an equal

value of such national forest land in the same State, or he may authorize the grantor to cut and remove an equal value of timber within such

national forests in the same State, the values in each case to be determined by him : And provided further^ That before any such exchange is effected notice of the contemplated exchange reciting the

lands involved shall be published once each week for four successive

weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in some like

newspaper published in any county in which may be situated any lands

or timber to be given in such exchange. Timber given in such exchanges shall be cut and removed under the laws and regulations relating to such national forests, and under the direction and supervision

and in accordance with the requirements of the Secretary of Agricul-
50

ture. Lands so accepted by the Secretary of Agriculture shall, upon

acceptance, become parts of the national forests within whose exterior

boundaries they are located, and be subject to all the provisions of this

Act (16 U. S. C. 516).

SEC. 8. That the Secretary of Agriculture may do all things necessary to secure the safe title in the United States to the lands to be

acquired under this Act, but no payment shall be made for any such

lands until the title shall be satisfactory to the Attorney General and

shall be vested in the United States : Provided, That in condemnation

proceedings, heretofore or hereafter prosecuted, for the acquisition

of lands under this Act, in which a decree is entered vesting title

thereto in the United States upon payment of the award into the registry of the court, the Secretary of Agriculture is authorized to make

such^ payment when advised by the Attorney General that the proceedings and the decree are regular (16 U. S. C. 517).

(The above proviso was added by the Act of December 11, 1926, 44 Stat. 919;

16 U. S. C. 517a)

SEC. 9. (As amended by the Act of March 4, 1913, 37 Stat. 855.)

That such acquisition by the United States shall in no case be defeated

because of located or defined rights-of-way, easements, and reservations, which, from their nature will, in the opinion of the National

Forest Reservation Commission and the Secretary of Agriculture, in

no manner interfere with the use of the lands so encumbered, for the

purposes of the Act : Provided, That such, rights-of-way, easements,

and reservations retained by the owner from whom the United States

receives title, shall be subject to the rules and regulations prescribed

by the Secretary of Agriculture for their occupation, use, operation,

protection, and administration, and that such rules and regulations

shall be expressed in and made part of the written instruments conveying title to the lands to the United States ; and the use, occupation, and

operation of such rights-of-way, easements, and reservations shall be

under, subject to, and in obedience with the rules and regulations so

•expressed (16 U. S. C. 518). . ^ . .. ^

SEC. 10. That inasmuch as small areas of land chiefly valuable tor

agriculture may of necessity or by inadvertence be included in tracts

acquired under this Act, the Secretary of Agriculture may, in his discretion, and he is hereby authorized, upon application or otherwise, to

examine and ascertain the location and extent of such areas as in his

opinion may be occupied for agricultural purposes without injury to

the forests or to stream flow and which are not needed for public purposes, and may list and describe the same by metes and bounds, or

otherwise, and offer them for sale as homesteads at their true value, to

be fixed by him, to actual settlers, in tracts not exceeding eighty acres

in area, under such joint rules and regulations as the Secretary of Agriculture and the Secretary of the Interior may prescribe; and in case of

such sale the jurisdiction over the lands sold shall, ipso facto, revert to

the State in which the lands sold lie. And ^lo right, title, interest, or

claim in or to any lands acquired under this Act, or the waters thereon,

or the products, resources, or use thereof after such lands shall have

been so acquired, shall be initiated, or perfected, except as in this

section provided (16 U. S. C 519),
51

SEC. 11. That, subject to the provisions of the last preceding section,

the lands acquired under this Act shall be permanently reserved, held,

and administered as national forest lands under the provisions of

section twenty-four of the act approved March third, eighteen hundred

and ninety-one (volume twenty-six. Statutes at Large, page eleven

hundred and three), and acts supplemental to and amendatory thereof.

And the Secretary of Agriculture may from time to time divide the

lands acquired under this Act into such specific National Forests and

so designate the same as he may deem best for administrative purposes

(16U.S.C.521).

SEC. 12. That the jurisdiction, both civil and criminal, over persons

upon the lands acquired under this Act shall not be affected or changed

by their permanent reservation and administration as national forest

lands, except so far as the punishment of offenses against the United

States is concerned, the intent and meaning of this section being that

the State wherein such land is situated shall not, by reason of such

reservation and administration, lose its jurisdiction nor the inhabitants

thereof their rights and privileges as citizens or be absolved from their

duties as citizens of the State ( 16 U. S. C. 480).

SEC. 13. (As amended by 38 Stat. 441 and 64 Stat. 82. ) Thattwentyfive per centum of all moneys received during any fiscal year from

each national forest into which the lands acquired under this Act may

from time to time be divided shall be paid, at the end of such year,

by the Secretary of the Treasury to the State in which such national

forest is situated, to be expended as the State legislature may prescribe for the benefit of the public schools and public roads of the

county or counties in which such national forest is situated : Provided^

That when any national forest is in more than one State or county the

distributive share to each from the proceeds of such forest shall be

proportional to its area therein (16 U. S. C. 500).

SEC. 14. That a sum sufficient to pay the necessary expenses of the

commission and its members, not to exceed an annual expenditure of

twenty-five thousand dollars, is hereby appropriated out of any money

in the Treasury not otherwise appropriated. Said appropriation

shall be immediately available, and shall be paid out on the audit and

order of the president of the said commission, which audit and order

shall be conclusive and binding upon all departments as to the correctness of the accounts of said commission.

Effective July 1, 1935, the permanent appropriation provided for

in this section was repealed by the Act of June 26 1934, Sec. 2, 48

Stat. 1225, such Act authorizing, in lieu thereof an annual appropriation from the general fund of the Treasury. (See Section 725a (b)

oftitle31,U.S.a )

EXCHANGE ACTS

Act of March 20, 1922 (42 Stat. 465, 16 U. S. C. 485) as amended by Act of

February 28, 1925 (43 Stat. 1090).

An Act to consolidate national forest lands.

Be it enacted hry the Senate and House of Representatives of the

united States of America in Congress assembled^ That, when the

public interests will be benefited thereby, the Secretary of the Interior

be, and hereby is, authorized in his discretion to accept on behalf of

the United States title to any lands within the exterior boundaries
52

of the national forests which, in the opinion of the Secretary of Agriculture, are chiefly valuable for national forest purposes, and in

exchange therefor may patent not to exceed an equal value of such

national forest land, in the same State, surveyed and nonmineral in

character, or the Secretary of Agriculture may authorize the grantor

to cut and remove an equal value of timber within the national forests

of the same State; the values in each case to be determined by the

Secretary of Agriculture: Provided^ That before any such exchange

is effected notice of the contemplated exchange reciting the lands

involved shall be published once each week for four successive weeks

in some newspaper of general circulation in the county or counties in

which may be situated the lands to be accepted, and in some like

newspaper published in any county in which may be situated any

lands or timber to be given in such exchange. Timber given in such

exchanges shall be cut and removed under the laws and regulations

relating to the national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of

Agriculture. Lands conveyed to the United States under this Act

shall, upon acceptance of title, become parts of the national forest

within whose exterior boundaries they are located.

SEC. 2. Either party to an exchange may make reservations of

timber, minerals, or easements, the values of which shall be duly considered in determining the values of the exchanged lands. Where

reservations are made in lands conveyed to the United States the

right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as

may be deemed necessary by the Secretary of Agriculture; where

mineral reservations are made in lands conveyed by the United States

it shall be so stipulated in the patents, and that any person who acquires the right to mine and remove the reserved deposits may enter

and occupy so much of the surface as may be required for all purposes

incident to the mining and removal of the minerals therefrom, and

may mine and remove such minerals upon payment to the owner of

the surface for damages caused to the land and improvements thereon :

Provided^ That all property, rights, easements, and benefits authorized

by this section to be retained by or reserved to owners of lands conveyed to the United States shall be subject to the tax laws of the

States where such lands are located. (Section 2 added by Act of

February 28,1925,43 Stat. 1090 ; 16 U. S. C. 486).

NOTE: The foregoing Act appUes to national forest lands established from

the public domain.

Act of March 3, 1925 (43 Stat. 1215; 16 U. S. C. 516), amended section 7 of the

Weeks Law by adding the following thereto :

Provided further^ That with the approval of the National Forest

Reservation Commission as provided by sections 6 and 7 of this Act,

and when the public interests will be benefited thereby, the Secretary

of Agriculture be, and hereby is, authorized, in his discretion, to

accept on behalf of the United States title to any lands within the

exterior boundaries of national forests acquired under this Act which,

in his opinion, are chiefly valuable for the purposes of this Act, and

in exchange therefor to convey by deed not to exceed an equal value

of such national forest land in the same State, or he may authorize the

grantor to cut and remove an equ^al value of timber within such
53

national forests in the same State, the values in each case to be determined by him : And provided further, That before any such exchange

is effected notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in

some newspaper of general circulation in the county or counties in

which may be situated the lands to be accepted, and in some like

newspaper published in any county in which may be situated any

lands or timber to be given in such exchange. Timber given in such

exchanges shall be cut and removed under the laws and regulations

relating to such national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of

Agriculture. Lands so accepted by the Secretary of Agriculture shall,

upon acceptance, become parts of the national forests within whose

exterior boundaries they are located, and be subject to all the provisions of this Act.

NOTE: The foregoing provision appUes to lands acquired under the Weeks

Law.

CLARKE-McNARY ACT

Act of June 7,1924 (43 Stat. 653 ; 16 U. S. 0. 564-570, 471 and 515)

An Act to provide for the protection of forest lands, for the reforestation of

denuded areas, for the extension of national forests, and for other purposes,

in order to promote the continuous production of timber on lands chiefly

suitable therefor.

That the Secretary of Agriculture is hereby authorized and directed, in cooperation with appropriate officials of the various States

or other suitable agencies, to recommend for each forest region of the

United States such systems of forest fire prevention and suppression

as will adequately protect the timbered and cut-over lands therein

with a view to the protection of forest and water resources and the

continuous production of timber on lands chieñy suitable therefor.

SEC. 2. That if the Secretary of Agriculture shall find that the

system and practice of forest fire prevention and suppression provided by any State substantially promotes the objects described

in the foregoing section he is hereby authorized and directed, under

such conditions as he may determine to be fair and equitable in each

State, to cooperate with appropriate officials of each State, and

through them with private and other agencies therein, in the protection of timbered and forest-producing lands from fire. In no case

other than for preliminary investigation shall the amount expended

by the Federal Government in any State during any fiscal year,

under this section, exceed the amount expended by the State for the

same purpose during the same fiscal year, including the expenditures of forest owners or operators which are required by State law

or which are made in pursuance of the forest-protection system of

the State under State supervision, and the Secretary of Agriculture

is authorized to make expenditures on the certificate of the State

forester, the State director of extension, or similar State official having charge of the cooperative work for the State that State and private expenditures as provided for in this act have been made. In

the cooperation extended to the several States due consideration

shall be given to the protection of watersheds of navigable streams,
64

but such cooperation may, in the discretion of the Secretary of Agriculture, be extended to any timbered or forest-producing lands or

watersheds from which water is secured for domestic use or irrigation within the cooperative States. (As amended by Act of April

13,1926,44 Stat. 242 ; 16 U. S. C. 565.)

(Authority conferred by sees. 1 and 2 extended to Territories and Puerto Rico

by Public Resolutions of February 20 and March 3, 1931, 46 Stat. 1200, 1516.)

(The provisions of sections 3, 4 and 5 of this Act were extended to the Territories

and possessions of the United States by Joint Resolution of April 13, 1926,

44 Stat. 250.)

SEC. 3. That the Secretary of Agriculture shall expend such portions of the appropriations authorized herein as he deems advisable to

study the effects of tax laws, methods, and practices upon forest perpetuation, to cooperate with appropriate officials of the various States

or other suitable agencies in such investigations and in devising tax

laws designed to encourage the conservation and growing of timber,

and to investigate and promote practical methods of insuring standing timber on growing forests from losses by fire. There is hereby

authorized to be appropriated annually not more than-$20,000',000,

to enable the Secretary of Agriculture to carry out the provisions of

sections 1, 2, and 3 of the Act of June 7, 1924 (43 Stat. 653), as

amended: Promded^ That the appropriation under this authorization shall not exceed $11,000,000 for the fiscal year ending June 30,

1950; $13,000,000 for the fiscal year ending June 30, 1951 ; $15,000,000

for the fiscal year ending June 30, 1952; $17,000,000 for the fiscal

year ending June 30, 1953 ; and $19,000,000 for the fiscal year ending

June 30,1954 (as amended by Act of October 26,1949, 63 Stat. 909).

Section 4 of the Act of October 26, 1949 (63 Stat. 909), which relates to programs and activities authorized by sections 1, 2 and 3 of this Act, provides as

foUows :

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 1, 2, and 3 of said Act, as amended :

Provided^ That whenever the programs and activities being carried

out under the provisions of sections 1, 2, and 3 of said Act 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 of the Act of June 7, 1924, are inadequate to

accomplish the purposes of such other programs and activities.

SEC. 4. The Secretary of Agriculture is hereby authorized and

directed to cooperate with the various States in the procurement,

production, and distribution of forest-tree seeds and plants, for the

purpose of establishing forests, windbreaks, shelter belts, and farm

wood lots upon denuded or nonforested lands within such cooperating

States, under such conditions and requirements as he may prescribe

to the end that forest-tree seeds or plants so procured, produced, or

distributed shall be used effectively for planting denuded or non-
ßS

forested lands in the cooperating States and growing timber thereon.

The amount expended by the Federal Government in cooperation

with any State during any fiscal year for such purposes shall not

exceed the amount expended by the State for the same purposes

during the same fiscal year, and the Secretary of Agriculture is authorized to make expenditures on the certificate of the State official having

charge of the cooperative work for the State that State expenditures

as provided for in this section have been made. There is hereby authorized to be appropriated to enable the Secretary of Agriculture

to carry out the provisions of this section not more than $1,000,000

for the fiscal year ending June 30, 1950; $1,500,000 for the fiscal

year ending June 30, 1951; $2,000,000 for the fiscal year ending June

30,1952 ; and $2,500,000 for each subsequent fiscal year. (As amended

by Act of October 26, 1949, 63 Stat. 909.)

(See Sec. 208 Act of Sept. 21, 1944, 58 Stat. 734, 736, p. 69 hereof)

SEC. 5. The Secretary of Agriculture is hereby authorized and

directed, in cooperation with the land grant colleges and universities

of the various States or, in his discretion, with other suitable State

agencies, to aid farmers through advice, education, demonstrations,

and other similar means in establishing, renewing, protecting, and

managing wood lots, shelter belts, windbreaks, and other valuable

forest growth, and in harvesting, utilizing, and marketing the products

thereof. Except for preliminary investigations, the amount expended

by the Federal Government under this section in cooperation with

any State or other cooperating agency during any fiscal year shall not

exceed the amount expended by the State or other cooperating agency

for the same purpose during the same fiscal year, and the Secretary of

Agriculture is authorized to make expenditures on the certificate of

the appropriate State official that the State expenditures, as provided

for in this section, have been made. There is hereby 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. (As amended by

Act of October 26,1949, 63 Stat. 909).

(See Sec. 208.Act of Sept. 21, 1944, 58 Stat. 734, 736, p. 69 hereof)

(The provisions of sections 6 and 7 of this Act were extended to Puerto Rico by

Joint Resolution of March 3, 1931, 46 Stat. 1516, subject to the restriction that

not to exceed 50,000 acres of land may be acquired in Puerto Rico under section 6.)

SEC. 6. That Section 6 of the act of March 1, 1911 (Thirty-sixth

Statutes at Large, page 961), is hereby amended to authorize and

direct the Secretary of Agriculture to examine, locate and recommend for purchase such forested, cut-over or denuded lands within

the watersheds of navigable streams as in his judgment may be necessary to the regulation of the flow of navigable streams or for the

production of timber and to report to the National Forest Reservation Commission the results of such examination; but before any

lands are purchased by the commission said lands shalh be examined

by the Secretary of Agriculture, in cooperation with the Director of

the Geological Survey, and a report made by them to the commission showing that the control of such lands by the Federal Government will promote or protect the navigation of streams or by the
66

Secretary of Agriculture showing that such control will promote the

production of timber thereon (16 U. S. C. 515).

SEC. 7. That to enable owners of land 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 hereby authorized, in his discretion, to

accept on behalf of the United States title to any such land so donated

or devised, subject to such reservations by the donor of the present

stand of merchantable timber or of mineral or other rights for a period

not exceeding twenty years as the Secretary of Agriculture may find

to be reasonable and not detrimental to the purposes of this section,

and to pay out of any moneys appropriated for the general expenses

of the Forest Service the cost of recording deeds or other expenses

incident to the examination and acceptance of title. Any lands to

which title is so accepted shall be in units of such size or so located

as to be capable of economical administration as national forests either

separately or jointly with other lands acquired under this section, or

jointly with an existing national forest. All lands to which title is

accepted under this section shall, upon acceptance of title, become

national forest lands, subject to all laws applicable to lands acquired

under the act of March 1, 1911 (Thirty-sixth Statutes at Large, page

961), 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 : Provided^ That

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 (16 U. S. C. 569).

SEC. 8. That the Secretary of Agriculture is hereby 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 (Thirty-sixth Statutes at Large,

page 961), 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: Provided^ That in condemnation proceedings, heretofore or hereafter prosecuted, for the acquisition of lands under this Act, in which a decree is entered vesting

title thereto in the United States upon payment of the award into the

registry of the court, the Secretary of Agriculture is authorized to

make such payment when advised by the Attorney General that the

proceedings and the decree are regular ( 16 U. S. C. 570).

SEC. 9. That the President, in his discretion, is hereby authorized

to establish as national forests, or parts thereof, any lands within

the boundaries of Government reservations, other than national parks,

reservations for phosphate and other mineral deposits or water-power

purposes, natipnal monuments, and Indian reservations, which in the

opinion of the Secretary of the department now administering the
57

area and the Secretary of Agriculture are suitable for the production

of timber, to be administered by the Secretary of Agriculture under

such rules and regulations and in accordance with such general plans

as may be jointly approved by the Secretary of Agriculture and the

Secretary formerly administering the area, for the use and occupation

of such lands and for the sale of products therefrom. That where

such national forest is established on land previously reserved for the

Army or Navy for purposes of national defense the land shall remain

subject to the unhampered use of the War or Navy Department for

said purposes, and nothing in this section shall be construed to relinquish the authority over such lands for purposes of national defense now vested in the department for which the lands were formerly

reserved. Any moneys available for the maintenance, improvement,

protection, construction of highways and general administration of

the national forests shall be available for expenditure on the national

forests created under this section. All receipts from the sale of products from or for the use of lands in such national forests shall be

covered into the Treasury as miscellaneous receipts, forest reserve

fund, and shall be disposed of in like manner as the receipts from

other national forests as provided by existing law. Any person who

shall violate any rule or regulation promulgated under this section

shall be guilty of a misdemeanor, and upon conviction thereof shall

be fined not more than $500 or imprisoned for not more than one year,

or both (16 U. S. C. 471 and 505).

McSWEENEY-McNARY ACT

Act of May 22, 1928 (45 Stat. 690), as amended, sees. 581 a-i, title 16,« U. S. C.

An Act to insure adequate supplies of timber and other forest products for

the people of the United States, to promote the full use for timber growing and

other purposes of forest lands in the united States, including farm wood lots

and those abandoned areas not suitable for agricultural production, and to

secure the correlation and the most economical conduct of forest research in

the Department of Agriculture, through research in reforestation, timber growing, protection, utilization, forest economics, and related subjects, and for other

purposes.

That the Secretary of Agriculture is hereby authorized and directed

to conduct such investigations, experiments, and tests as he may deem

necessary under sections 2 to 10, inclusive, in order to determine, demonstrate, and promulgate the best methods of reforestation and of

growing, managing, and utilizing timber, forage, and other forest

products, of maintaining favorable conditions of water flow and the

prevention of erosion, of protecting timber and other forest growth

from fire, insects, disease, or other harmful agencies, of obtaining the

fullest and most effective use of forest lands, and to determine and

promulgate the economic considerations which should underlie the

establishment of sound policies for the management of forest land

and the utilization of forest products : Provided^ That in carrying out

the provisions of this act the Secretary of Agriculture may cooperate

with individuals and public and private agencies, organizations, and

institutions, and, in connection with the collection, investigation, and

tests of foreign woods, he may also cooperate with individuals and

public and private agencies, organizations, and institutions in other

countries; and receive money contributions from cooperators under

such conditions as he may impose, such contributions to be covered
58

into the Treasury as a special fund which is hereby appropriated

and made available until expended as the Secretary of Agriculture

may direct, for use in conducting the activities authorized by this

act, and in making refunds to contributors : Provided further^ That

the amounts specified in sections 2, 3, é, 5, 6, 7, 8, and 10 of this act

are authorized to be appropriated up to and including the fiscal year

1938, and such annual appropriations as may thereafter be necessary

to carry out the provisions of said sections are hereby authorized:

Promded fwiher^ That during any fiscal year the amounts specified

in sections 3, 4, and 5 of this act making provision for investigations

of forest tree and wood diseases, forest insects, and forest wild life,

respectively, may be exceeded to provide adequate funds for special

research required to meet any serious public emergency relating to

epidemics: ÄTid fvomded fwrther^ That the provisions of this act

shall be construed as supplementing all other acts relating to the Department of Agriculture, and except as specifically provided shall not

limit or repeal any existing legislation or authority (16 U. S. C. 581).

SEC. 2. That for conducting fire, silvicultura!, and other forest

investigations and experiments the Secretary of Agriculture is hereby

authorized, in his discretion, to maintain the following forest experiment stations for the regions indicated, and in addition to establish

and maintain one such station for the intermountain region in Utah

and adjoining States, one in Alaska, and one in the tropical possessions of the united States in the West Indies :

Northeastern forest experiment station, in New England, New York,

and adjacent States;

Allegheny forest experiment station, in Pennsylvania, New Jersey,

Delaware, Maryland, and in neighboring States ;

Appalachian forest experiment station, in the southern Appalachian Mountains and adjacent forest regions;

Southern forest experiment station, in the Southern States ;

Central States forest experiment station, in Ohio, Indiana, Illinois,

Kentucky, Missouri, Iowa, and in adjacent States ;

Lake States forest experiment station, in the Lake States and adjoining States ;

California forest experiment station, in California and in adjoining States;

Northern Rocky Mountain forest experiment station, in Idaho,

Montana, and adjoining States;

Northwestern forest experiment station, in Washington, Oregon,

and adjoining States, and in Alaska ;

Rocky Mountain forest experiment station, in Colorado, Wyoming,

Nebraska, South Dakota, and in adjacent States ; and

Southwestern forest experiment station, in Arizona, and New

Mexico, and in adjacent States, and in addition to establish and maintain one such station for the intermountain region of Utah and adjoining States, one for Alaska, one in Hawaii, and one in the tropical

possessions of the United States in the West Indies, and one additional

station in the Southern States.

There is hereby authorized to be appropriated annually out of any

money in the Treasury not otherwise appropriated, not more than

$1,000,000 to carry out the provisions of this section.

[Amended 49 Stat. 1515, sec. 581a, title 16, U. S. C. The Secretary

of Agriculture is further authorized to establish and maintain a
69

forest experiment station in the Great Plains and Prairie States, to

be known as the "Great Plains Forest Experiment Station," and to

acquire by purchase, condemnation, donation, or otherwise such real

property or interest therein as in his judgment is required for the use

of said station, including the making of necessary expenditures in

examining, appraising, and surveying any such property and in

doing all things incident to perfecting title thereto in the United

States. There is authorized to be appropriated annually such additional sums as may be required for the purposes of this paragraph.]

SEC. 3. That for investigations of the diseases of forest trees and

of diseases causing decay and deterioration of wood and other forest

products, and for developing methods for their prevention and control at forest experiment stations, the Forest Products Laboratory,

or elsewhere, there is hereby authorized to be appropriated annually,

out of any money in the Treasury not otherwise appropriated, not

more than $250,000 (16 U. S. C. 58Íb).

SEC. 4. That for investigations of forest insects, including gypsy

and browntail moths, injurious or beneficial to forest trees or to wood

or other forest products, and for developing methods for preventing

and controlling infestations, at forest experiment stations, the Forest

Products Laboratory, or elsewhere, there is hereby authorized to be

appropriated annually, out of any money in the Treasury not otherwise appropriated, not more than $350,000 (16 U. S. C. 581c).

SEC. 5. That for such experiments and investigations as may be

necessary in determining the life histories and habits of forest animals, birds, and wild life, whether injurious to forest growth or of

value as supplemental resource, and in developing the best and most

effective methods for their management and control at forest experiment stations, or elsewhere, there is hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise

appropriated, not more than $150,000 (16 U. S. C 581d).

SEC. 6. That for such investigations at forest experiment stations,

or elsewhere, of the relationship of weather conditions to forest fires

as may be necessary to make weather forecasts, there is hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, not more than $50,000 (16 XJ. S. C

581e).

SEC. 7. That for such experiments and investigations as may be

necessary to develop improved methods of management, consistent

wdth the growing of timber and the protection of watersheds, of forest ranges and of other ranges adjacent to the national forests, at

forest or range experiment stations, or elsewhere, there is hereby

authorized to be appropriated annually, out of any money in the

Treasury not otherwise appropriated, not more than $275,000 (16

U. S.C.'581f).

SEC. 8. That for experiments, investigations, and tests with respect

to the physical and chemical properties and the utilization* and preservation of wood and other forest products, including tests of wood

and other fibrous material for pulp and paper making, and such other

experiments, investigations, and tests as may be desirable, at the

Forest Products Laboratory or elsewhere, there is hereby authorized

to be appropriated annually, out of any money in the Treasury not

otherwise appropriated, not more than $1,000,000, and an additional

appropriation of not more than $50,000 annually for similar experi-
60

ments, investigations, and tests of foreign woods and forest products

important to the industries of the United States, including necessary

field work in connection therewith (16 Ü. S. C. 581g).

SEC. 9. That the Secretary of Agriculture is hereby authorized and

directed, under such plans as he may determine to be fair and equitable, to cooperate with appropriate officials of each State of the

United States, and either through them or directly with private and

other agencies, in making and keeping current a comprehensive survey of the present and prospective requirements for tin>ber and other

forest products in the United States, and of timber supplies, including a determination of the present and potential productivity

of forest land therein, and of such other facts as may be necessary

in the determination of ways and means to balance the timber budget

of the United States. There is hereby authorized to be appropriated,

out of any money in the Treasury not otherwise appropriated, not

to exceed $1,000,000 annually to complete the initial survey authorized by this section: Provided^ That the total appropriation of Federal funds under this section to complete the initial survey shall not

exceed $11,000,000. There is additionally authorized to be appropriated not to exceed $1,500,000 annually to keep the survey current.

(As amended by Act of May 31, 1944, 58 Stat. 265 ; Act of June 25,

1949, 63 Stat. 271 ; 16 U. S. C. öSlh.)

SEO. 10. That for such investigations of cost and returns and the

possibility of profitable reforestation under different conditions in

the different forest regions, of the proper function of timber growing in diversified agriculture and in insuring the profitable use of

marginal land, in mining, transportation, and in other industries,

of the most effective distribution of forest products in the interest

of both consumer and timber grower, and for such other economic

investigations of forest lands and forest products as may be necessary, there is hereby authorized to be appropriated annually, out of

any money in the Treasury not otherwise appropriated, not more

than $250,000.

KNUTSON-VANDENBERG ACT

Act of June 9, 1930 (46 stat. 527) ; sec. 576, title 16, XT. S. C.

An Act Authorizing the Secretary of Agriculture to enlarge tree-planting

operations on national forests, and for other purposes.

That the Secretary of Agriculture is hereby 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 this Act : Provided^ That nothing in this Act

shall be deemed to restrict the authority of the said Secretary under

other authority of law.

SEC. 2. There is hereby authorized to be appropriated for the fiscal

year ending June 30, 1932, not to exceed $250,000 ; for the fiscal year

ending June 30,1933, not to exceed $300,000; for the fiscal year ending

June 30, 1934, not to exceed $400,000; and for each fiscal year thereafter, 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 addi-
61

tional protection, care, and improvement of the resulting plantations

or young growth.

SEO. 3. The Secretary of Agriculture may, when in his judgment

such action will be in the public interest, require any purchaser of

national-forest timber to make deposits of money, in addition to the

payments for the timber, to cover the cost to the United States of (1)

planting (including the production or purchase of young trees),

(2) sowing with tree seeds (including the collection or purchase of

such seeds), or (3) cutting, destroying, or otherwise removing undesirable trees or other growth, on the national-forest land cut over by

the purchaser, in order to improve the future stand of timber : 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. Such

deposits shall be covered into the Treasury and shall constitute a

special fund, which is hereby appropriated and made available until

expended, to cover the cost to the United States of such tree planting,

seed sowing, and forest-improvement work, as the Secretary of Agriculture may direct: Provided^ That any portion of any deposit found

to be in excess of the cost of doing said work shall, upon the determination thatitis so in excess, be transferred to miscellaneous receipts,

forest reserve fund, as a national-forest receipt of the fiscal year in

which such transfer is made: Provided further^ That the Secretary

of Agriculture is authorized, upon application of the Secretary of

the Interior, to furnish seedlings and/or young trees for replanting

of burned-over areas in any national park.

BANKHEAD-JONES FARM TENANT ACT

(Act of July 22, 1937, 50 Stat. 525 ; 7 U. S. C. 1010, 1011, 1012 and 1018)

TITLE III

SEC. 31. The Secretary is authorized and directed to develop a program of land conservation and land utilization, including the retirement of lands which are submarginal or not primarily suitable for

cultivation, in order thereby to correct maladjustments in land use,

and thus assist in controlling soil erosion, reforestation, preserving

natural resources, mitigating floods, preventing impairment of dams

and reservoirs, conserving surface and subsurface moisture, protecting

the watersheds of navigable streams, and protecting the public lands,

health, safety and welfare.

SEC. 32. To effectuate the program provided for in section 31, the

Secretary is authorized—

(b) To protect, improve, develop, and administer any property so

acquired and to construct such structures thereon as may he necessary

to adapt it to its most beneficial use.

(c) To sell, exchange, lease, or otherwise dispose of, with or wtihout a consideration, any property so acquired, under such terms and

conditions as he deems will best accomplish the purpo^Q^^ of this title,
62

but any sale, exchange, or grant shall be made only to public authorities and agencies and only on condition that the property is used for

public purposes. Promded^ however^ That an exchange may be made

with private owners and with subdivisions or agencies of State governments in any case where the Secretary of Agriculture finds that

such exchange would not conflict with the purposes of the Act, and

that the value of the property received in exchange is substantially

equal to that of the property conveyed. (Act of July 28, 1942, 56

Stat. 725.) The Secretary may recommend to the President other

Federal, State, or Territorial agencies to administer such property,

together with the conditions of use and administration which will best

serve the purposes of a land-conservation and land-utilization program, and the President is authorized to transfer such property to

such agencies.

(d) With respect to any land, or any interest therein, acquired by,

or transferred to, the Secretary for the purposes of this title, to make

dedications or grants, in his discretion, for any public purpose, and

to grant licenses and easements upon such terms as he deems reasonable.

(e) To cooperate with Federal, State, Territorial, and other public

agencies in developing plans for a program of land conservation and

land utilization, to conduct surveys and investigations relating to conditions and factors affecting, and the methods of accomplishing most

effectively, the purposes of this title, and to disseminate information

concerning these activities.

(f) To make such rules and regulations as he deems necessary to

prevent trespasses and otherwise regulate the use and occupancy of

property acquired by, or transferred to, the Secretary for the purposes

of this title, in order to conserve and utilize it or advance the purposes of this title. Any violation of such rules and regulations shall

be punished as prescribed in section 5388 of the Eevised Statutes, as

amended (U. S. C, 1934 ed., title 18, sec. 104).

SEC. 33. As soon as practicable after the end of each calendar year,

the Secretary shall pay to the county in which any land is held by the

Secretary under this title, 25 per centum of the net revenues received

by the Secretary from the use of the land during such year. In case

the land is situated in more than one county, the amount to be paid

shall be divided equitably among the respective counties. Payments

to counties under this section shall be made on the condition that they

are used for school or road purposes, or both. This section shall not

be construed to apply to amounts received from the sale of land.

TITLE IV

SiiC. 44. The sale or other disposition of any real property acquired

by the Secretary pursuantto the provisions of this Act, or any interest,

therein, shall be subject to the reservation by the Secretary on behalf

of the united States of not less than an undivided three-fourths of

the interest of the United States in all coal, oil, gas and other minerals

in or under such property,
63

WHITE PINE BLISTER RUST PROTECTION ACT

Act of April 26, 1940 (54 Stat. 168; 16 U. S. C. 594a)

An Act for the protection against the white-pine blister rust,

and for other purposes.

Be it enacted hy the Senate and House of Representatives of the

United States of America in Congress assermled^ That to promote the

stability of white-pine forest-using industries, employment, and communities through the continuous supply of white- and sugar- pine

timber, the Secretary of Agriculture is authorized in cooperation

with such agencies as he may deem necessary to use such funds as have

been, or may hereafter be made available for the purpose of controlling

white-pine blister rust, by preventing the spread to, and eliminating

white-pine blister rust from, all forest lands, irrespective of the ownership thereof, when in the judgment of the Secretary of Agriculture

the use of such funds on such lands is necessary in the control of the

white-pine blister rust: Provided^ That in the discretion of the Secretary of Agriculture no expenditures from funds provided under this

authorization shall be made on private or State lands (except where

such lands are intermingled with those which are federally owned

and it is necessary in order to protect the property of the United States

to work on those parts of the private or State-owned lands that immediately adjoin Federal lands) until a sum, or sums, at least equal to

such expenditures shall have been appropriated, subscribed, or contributed by State, county, or local authorities or by individuals or

organizations concerned : Provided further^ That no part of such appropriations shall be used to pay the cost or value of property injured

or destroyed : And provided further^ That any plan for the control

and elimination of white-pine blister rust on lands owned by the

United States or retained under restriction by the United States for

Indian tribes and for individual Indians shall be subject to the approval of the Federal agency or Indian tribe having jurisdiction over

such lands, and the Secretary of Agriculture may, in his discretion

and out of any moneys made available under this Act, make allocations to said Federal agencies in such amounts as he may deem necessary for white-pine blister-rust control and elimination on lands so

held or owned by the United States, the moneys so allocated to be

expended by said agencies for the purposes specified.

PROTECTION OF MUNICIPAL WATER SUPPLY ACT

Act of May 28, 1940 (54 Stat. 224; 16 U. S. C. 552a-552d)

An Act to authorize the withdrawal of national-forest lands for the protection

of watersheds from which water is obtained for municipalities, and for other

purposes.

Be it enacted hy the Senate and House of Representatives of the

United States of America in Congress assembled^ That 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 hereby, authorized, upon application by said municipality, and endorsed by the governing board of the county or counties
64

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:

Promded^ That nothing herein shall affect the power of the Secretary

of the Interior to withdraw and utilize withdrawn lands under the

Federal reclamation laws : And provided further^ That 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 of the

lands so withdrawn to appropriation under an applicable public-land

law.

SEC. 2. Lands withdrawn under the provisions of this Act 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 hereby

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 ^ffect 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.

SEC. 3. Whenever national-forest lands are withdrawn under this

Act, 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.

SEC. 4. Any violation of the regulations issued under this Act shall

be punished as is provided in section 50 of the Act entitled "An Act

to codify, revise, and amend the penal laws of the United States",

approved March 4,1909 (35 Stat. L. 1098).

SUSTAINED YIELD FOREST MANAGEMENT ACT

Act of March 29, 1944 (58 Stat. 132; 16 U. S. C. 583-5831)

An Act to promote sustained-yield forest management in order thereby (a) to,

stabiUze communities, forest industries, employment, and taxable forest

wealth; (b) to assure a continuous and ample supply of forest products; and

(c) to secure the benefits of forests in regulation of water supply and stream

flow, prevention of soil erosion, amelioration of climate, and nreservation of

wildlife.

Be it enacted hy the Senate and House of Representatives of the

united States of America in Congress assembled^ That in order to promote the stability of forest industries, of employment, of communities,

and of taxable forest wealth, through continuous supplies of timber;

m order to provide for a continuous and ample supply of forest products; and m order to secure the benefits of forests in maintenance of

water supply, regulation of stream flow, prevention of soil erosion,
65

amelioration of climate, and preservation of wildlife, the Secretary of

Agriculture and the Secretary of the Interior are severally authorized

to establish by formal declaration, when in their respective judgments

such action would be in the public interest, cooperative sustained-yield

units which shall consist of federally owned or administered forest

land under the jurisdiction of the Secretary establishing the unit and,

in addition thereto, land which reasonably may be expected to be made

the subject of one or more of the cooperative agreements with private

landowners authorized by section 2 of this Act.

SEC. 2. The Secretary of Agriculture, with respect to forest land

under his jurisdiction, and the Secretary of the Interior, with respect

to forest land under his jurisdiction, are severally authorized, for the

purposes specified in section 1 of this Act, to enter into cooperative

agreements with private owners of forest land within a cooperative

sustained-yield unit, established pursuant to section 1 of this Act,

providing for the coordinated management of such private forest

land and of federall;^ owned or administered forest lands within the

sustained-yield unit involved.

Each cooperative agreement may give the cooperating private landowner the privilege of purchasing without competitive bidding at

prices not less than their appraised value, subject to periodic readjustments of stumpage rates and to such other conditions and requirements

as the Secretary may prescribe, timber and other forest products from

federally owned or administered forest land within the unit, in accordance with the provisions of sustained-yield management plans formulated or approved by the Secretary for the unit; shall limit the time,

rate, and method of cutting or otherwise harvesting timber and other

forest products from the land of the cooperating private landowner,

due consideration being given to the character and condition of the

timber, to the relation of the proposed cutting to the sustained-yield

plan for the unit, and to the productive capacity of the land ; shall prescribe the terms and conditions, but not the price, upon which the

cooperating private landowner may sell to any person timber and

other forest products from his land, compliance by the purchaser

with such conditions to be required by the contract of sale ; shall contain such provisions as the Secretary deems necessary to protect the

reasonable interest of other owners of forest land within the unit;

and shall contain such other provisions as the Secretary believes necessary to carry out the purposes of this Act.

Each cooperative agreement shall be placed on record in the county

or counties in which the lands of the cooperating private landowner

covered thereby are located, and the costs incident to such recordation

may be paid out of any funds available for the protection or management of federally owned or administered forest land within the unit.

When thus recorded, the agreement shall be binding upon the heirs,

successors, and assigns of the owner of such land, and upon purchasers

of timber or other forest products from such land, throughout the life

of such cooperative agreement.

^ SEC. 3. The Secretary of Agriculture and the Secretary of the Interior are further severally authorized, whenever in their respective

judgments the maintenance of a stable community or communities is

primarily dependent upon the sale of timber or other forest products

from federally owned or administered forest land and such maintenance cannot effectively be secured by following the usual procedure in

selling such timber or other forest products, to establish by formal dec-
66

laration for the purpose of maintaining the stability of such community or communities a sustained-yield unit consisting of forest land

under the jurisdiction of the Secretary establishing such unit, to determine and define the boundaries of the community or communities

for whose benefit such unit is created, and to sell, subject to such

conditions and requirements as the Secretary believes necessary, federally owned or administered timber and other forest products from

such unit without competitive bidding at prices not less than their

appraised values, to responsible purchasers within such community

or communities.

SEO. 4. Each of the said Secretaries is further authorized in his

discretion to enter into cooperative agreements with the other Secretary, or with any Federal agency having jurisdiction over federally

owned or administered forest land, or with any State or local agency

having jurisdiction over publicly owned or administered forest land,

providing for the inclusion of such land in any coordinated plan of

management otherwise authorized by the provisions of this Act when

by such a cooperative agreement he may be aided in accomplishing

the purposes of this Act; but no federally or publicly owned or administered forest land not under the jurisdiction of the Secretary establishing the sustained-yield unit concerned shall be included in any

such plan except in pursuance of a cooperative agreement made under

this section.

SEO. 5. Before any sustained-yield unit authorized by section 1 or

section 3 of this Act shall be established, and before any cooperative

agreement authorized by section 2 or section 4 of this Act shall be

entered into, advance notice thereof shall be given by registered mail

to each landowner whose land is proposed to be included and by

publication in one or more newspapers of general circulation in the

vicinity of the place where the timber is located, and the costs incident

to such publication may be paid out of any funds available for the

protection or management of the federally owned or administered

forest land involved. This notice shall state: (1) the location of the

proposed unit; (2) the name of each proposed cooperator; (3) the

duration of the proposed cooperative agreement or agreements; (4)

the location and estimated quantity of timber on the land of each

proposed cooperator and on the Federal land involved; (5) the expected rate of cutting of such timber; and (6) the time and place of a

public hearing to be held not less than thirty days after the first publication of said notice for the presentation of the advantages and disadvantages of the proposed action to the community or communities

affected.

Before any sale agreement made without competition and involving

more than $500 in stumpage value of federally owned or administered

timber shall be entered into under this Act, advance notice thereof

shall be given by publication once weekly for four consecutive weeks

in one or more newspapers of general circulation in the vicinity of

the place where the timber is located, and the costs incident to such

publication may be paid out of any funds available for the protection

or management of federally owned or administered forest land within

the unit concerned. This notice shall state: (1) the quantity and

appraised value of the timber; (2) the time and place of a public

hearing to be held not less than thirty days after the first publication

of said notice if requested by the State or county where the timber
67

is located or by any other person deemed to have a reasonable interest

in the proposed sale or in its terms; and (3) the place where any request for a public hearing shall be made. Such requests need be

considered only if received at the place designated in the notice not

later than fifteen days after the first publication of such notice.

If a request for a hearing is received within the time designated,

notice of the holding of the hearing shall be given not less than ten

days before the time set for such hearing, in the same manner as

provided for the original notice.

The determination made by the Secretary having jurisdiction upon

the proposals considered at any such hearing, which determination

may include the modification of the terms of such proposals, together

with the minutes or other record of the hearing, shall be available for

public inspection during the life of any coordinated plan of management or agreement entered into in consequence of such determination.

SEC. 6. In addition to any other remedy available under existing

law, upon failure of any private owner of forest land which is subject

to a cooperative agreement entered into pursuant to this Act to comply

with the terms of such agreement, or upon failure of any purchaser of

timber or other forest products from such land to comply with the

terms and conditions required by such agreement to be included in the

contract of sale, the Attorney General, at the request of the Secretary

concerned, is authorized to institute against such owner or such purchaser a proceeding in equity in the proper district court of the United

States, to require compliance with the terms and conditions of said

cooperative agreement; and jurisdiction is hereby conferred upon said

district courts to hear and determine such proceedings, to order compliance with the terms and conditions of cooperative agreements

entered into pursuant to this Act, and to make such temporary and

final orders as shall be deemed just in the premises. As used in this

section the term "owner" shall include the heirs, successors, and

assigns of the landowner entering into the cooperative agreements.

SEC. 7. Whenever used in this Act, the term "federally owned or

administered forest land" shall be construed to mean forest land in

which, or in the natural resources of which, the United States has a

legal or equitable interest of any character sufficient to entitle the

United States to control the management or disposition of the timber

or other forest products thereon, except land heretofore or hereafter

reserved or withdrawn for purposes which are inconsistent with the

exercise of the authority conferred by this Act; and shall include

trust or restricted Indian land, whether tribal or allotted, except

that such land shall not be included without the consent of the

Indians concerned.

SEC. 8. The Secretary of Agriculture and the Secretary of the

Interior may severally prescribe such rules and regulations as may

be appropriate to carry out the purposes of this Act. Each Secretary may delegate any of his powers and duties under this Act to

other officers or employees of his Department.

SEC. 9. Nothing contained in this Act shall be construed to abrogate

or curtail any authority conferred upon the Secretary of Agriculture

or the Secretary of the Interior by any Act relating to management

of federally owned or administered forest lands, and nothing contained in any such Acts shall be construed to limit or restrict any

authority conferred upon the Secretary of Agriculture or the Secretary of the Interior by this Act.
68

SEC. 10. Funds available for the protection or management of

federally owned or administered forest land Within the unit concerned may also be expended in carrying out the purposes of this

Act, and there are hereby authorized to be appropriated such additional sums for the purposes of this Act as the Congress may from

time to time deem necessary, but such additional sums shall not

exceed $150,000 for the Department of Agriculture and $50,000 for

the Department of the Interior, for any fiscal year.

DEPARTMENT OF AGRICULTURE ORGANIC ACT OF 1944

Act of September 21,1944 (58 Stat. 736, 741)

TITLE II

SEC. 201. The Secretary of Agriculture may pay rewards from appropriations available for the protection and management of the national forests, under such regulations as he may prescribe, for information leading to the arrest and conviction for violation of the laws and

regulations relating to fires in or near national forests, or for the

unlawful taking of, or injury to. Government property (16 U. S. C.

559a).

SEC. 202. 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 (16 U. S. C. 554b).

SEC. 203. 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 (16 U. S. C. 580a).

SEC. 204. Appropriations for the work of the Forest Service available for the operation, repair, maintenance, and replacement of motor

and other equipment may be reimbursed for use of such equipment on

projects of the Forest Service chargeable to other appropriations, or

on work of other Federal agencies, when requested by such agencies,

reimbursement to be made from appropriations applicable to the work

on which used at rental rates fixed by the Chief Forester based on the

actual or estimated cost of operation, repair, maintenance, depreciation, and equipment management control, and credited to appropriations currently available at the time adjustment is effected. The Forest Service may also rent equipment for fire-control purposes to State,

county, private, or other non-Federal agencies cooperating with the

Forest Service in fire control under the terms of written cooperative

agreements, the amovmt collected for such rental to be credited to appropriations currently available at the time payment is received (16

U.S.C.Ö80).

SEC. 205. 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, with authority to

renew any contract for such purpose annually, not more than twice,

without additional advertising (16 U. S. C. 579a).

SEC. 206. Appropriations for the Forest Service shall be available

within such limitations as may be prescribed therein for the expenses
69

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 (16

Ü.S.C.564C).

(Joint Resolution of July 25,1947 (61 Stat. 449) repealed section 207 since it was

to be effective only during the war emergency)

SEC. 208. N"o part of any appropriation which is available for carrying out the Cooperative Farm Forestry Act (16 U. S. C. 568b) and

sections 4 and 5 of the Clarke-McNary Act (16 U. S. C. 567-568) 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 thatto be allotted therefrom by the Government or make

contributions other than money deemed by the Secretary to be the

value equivalent thereof (16 U. S. C. 567, 568).

SEC. 209. Appropriations for carrying out the Cooperative Farm

Forestry Act (16 TJ. S. C. 568b) and sections 4 and 5 of the ClarkeMcNary Act (16 U. S. C. 567-568) 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 (16 U. S. C. 567, 568).

SEC. 210. 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 hereby 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 (16 U. S. C. 572a).

SEC. 211. The Forest Service may expend funds available for national forest protection and management for the administration of

lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted under the Act of March

1, 1911 (16 IJ. S. C. 521), and the Act of June 7,1924 (16 U. S. C. 471,

499, 505, 564-570), and lands transferred to the Forest Service for

administration (16 U. S. C. 527).

SEC. 212. The sixth paragraph under the heading "Forest Service"

of the Act of May 23, 1908, as amended (16 Ü. S. C. 500), and the

fourteenth paragraph under the heading "Forest Service" of the Act

of March 4,1913 (16 U. S. C. 501), are each amended by adding at the

end thereof the following: "In sales of logs, ties, poles, posts, cordwood, pulpwood, and other forest products the amounts made available for schools and roads by this Act shall be based upon the stumpage

value of the timber ( 16 Ü. S. C. 500, 501 ).

SEC. 213. There are hereby authorized to be appropriated for expenditure by the Forest Service such sums as may be necessary for the

investigation and establishment of water rights, including the purchase thereof or of lands or interests in lands or rights-of-way for

use and protection of water rights necessary or beneficial in connection

with the administration and public use of the national forests (16

U.S.C.526).

TITLE VII

SEC. 702. (a) The head of any department or independent establishment of the Government requiring inspections, analyses, and tests

of food and other products, within the scope of the functions of the
70

Department of Agriculture and which the Department is unable to

perform within the limits of its appropriations, may, with the approval of the Secretary, transfer to the Department for direct expenditure such sums as may be necessary for the performance of such

work.

(b) Not to exceed 7 per centum of the amounts appropriated for any

fiscal year for the miscellaneous expenses of the work of any bureau,

division, or oíRce of the Department of Agriculture shall be available

interchangeably for expenditures on the objects included within the

general expenses of such bureau, division, or office, but no more than

7 per centum shall be added to any one item of appropriation except

in cases of extraordinary emergency (5 U. S. C. 571, 572).

SEC. 703. The Department of Agriculture is authorized to erect,

alter, and repair such buildings and other public improvements as

may be necessary to carry out its authorized work: Provided^ That

no building or improvement shall be erected or altered under this

authority unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations

prescribed therein (5 U. S. C. 565a).

SEC. 704. The Department of Agriculture is authorized to subscribe

for such newspapers as may be necessary to carry out its authorized

work : Provided^ That purchases under this authority shall not be

made unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations prescribed

therein (5 U.S.C. 573).

SEC. 705. (a) The Secretary of Agriculture is authorized to delegate

to such officers as he shall designate the authority to expend such

contingent funds as may be appropriated to the Department (5

U.S.C.514d).

(b) The Department of Agriculture is authorized to contract for

stenographic reporting services (5 U. S. C. 520a).

(c) Employees of the Department of Agriculture stationed abroad

may, with the approval of the Secretary of Agriculture, enter into

leases for official quarters, for periods not exceeding one year, and may

pay rent, telephone, subscriptions to publications, and other charges

incident to the conduct of their offices and the discharge of their duties,

in advance, in any foreign country where custom or practice requires

payment in advance (5 U. S. C. 543b).

SEC. 706 (a) * * * The Department of Agriculture may employ persons or organizations, on a temporary basis, by contract or

otherwise, without regard to the Classification Act of 1923, as amended :

Provided, That no expenditures for such temporary employment shall

be made unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations prescribed

therein (5 U.S.C. 574).

(b) The Department of Agriculture is authorized to pay actual

transportation and other necessary expenses and not to exceed $10

per diem in lieu of subsistence of persons serving, while away from

their homes, without other compensation from the United States, in

an advisory capacity to the Department of Agriculture : Pr(9i;¿¿o¿?,

That such expenditures shall not be made unless provision is made

therefor in the applicable appropriation and the cost thereof is not

in excess of limitations prescribed therein (5 U. S. C. 541b).

SEC. 708. The Secretary of Agriculture is authorized to make copies

of bibliographies prepared by the Department library, microfilm and
71

other photographic reproductions of books and other library materials in the Department and sell such bibliographies and reproductions at such prices (not less than estimated total cost of furnishing

same) as he may determine, the money received from such sales to be

deposited in the Treasury to the credit of the applicable appropriation

current at the time the materials are furnished or payment therefor

is received (5 U. S. C. 552a).

SEC. 709. The Secretary of Agriculture may delegate to such officers

as he shall designate the authority to employ personnel in the departmental service wherever located (5 U. S. C. 514d).

SEC. 710. The Secretary of Agriculture may delegate to such officers as he shall designate the function of authorizing payment of

expenses of the transfer of household goods of employees on change

of official stations (5 U. S. C. 514d).

SEC. 711. Unless otherwise provided herein or by other statute, the

measure and character of cooperation authorized herein on the part

of the Federal Government and on the part of the cooperator shall be

such as may be prescribed by the Secretary, unless otherwise provided

for in the applicable appropriation (5 U. S. C, 564a).

FOREST PEST CONTROL ACT

Act of June 25, 1947 (61 Stat. 177; 16 Ü. S. C. 594r-l to 594-5, incl.)

An Act to provide ïor the protection of forests against destructive insects and

diseases, and for other purposes.

Be it enacted hy the Senate and Bourn of Representatives of the

united States of America in Congress assembled^ That in order to

protect and preserve forest resources of the United States from ravages of bark beetles, defoliators, blights, wilts, and other destructive

forest insect pests and diseases, and thereby enhance the growth and

maintenance of forests, promote the stability of forest-using industries and employment associated therewith, aid in fire control by

reducing the menace created by dying and dead trees injured or killed

by insects or disease, conserve forest cover on watersheds, and protect

recreational and other values of forests, it shall be the policy of the

Government of the United States independently and through cooperation with the governments of States, Territories, and possessions, and

private timber owners to prevent, retard, control, suppress, or eradicate

incipient, potential, or emergency outbreaks of destructive insects and

diseases on, or threatening, all forest lands irrespective of ownership.

SEC. 2. The Secretary of Agriculture is authorized either directly

or in cooperation with other departments of the Federal Government,

with any State, Territory, or possession, organization, person, or public agency, subject to such conditions as he may deem necessary and

using such funds as have been, or may hereafter be, made available

for these purposes, to conduct surveys on any forest lands to detect

and appraise infestations of forest insect pests and tree diseases, to

determine the measures which should be applied on such lands, in order

to prevent, retard, control, suppress, or eradicate incipient, threatening, potential, or emergency outbreaks of such insect or disease pests,

and to plan, organize, direct, and carry out such measures as he may

deem necessary to accomplish the objectives and purposes of this Act:

Provided^ That any operations planned to prevent, retard, control, or

suppress insects or diseases on forest lands owned, controlled, or man-
72

äged by other agencies of the Federal Government shall be conducted

with the consent of the agency having jurisdiction over such land.

SEC. 3. The Secretary of Agriculture may, in his discretion and out

of any money made available pursuant to this Act, make allocations

to Federal agencies having jurisdiction over lands held or owned by

the United States in such amounts as he may deem necessary to retard,

control, suppress, or eradicate injurious insect pests or plant diseases

affecting forests on said lands.

SEC. 4. No money appropriated to carry out the purposes of this

Act shall be expended to prevent, retard, control, or suppress insect

or disease pests on forest lands owned by persons, associations, corporations, States, Territories, possessions, or subdivisions thereof until

such contributions toward the work as the Secretary may require have

been made or agreed upon in the form of funds, services, materials,

or otherwise.

SEC. 5. There are hereby authorized to be appropriated for the fjurposes of this Act such sums as the Congress may from time to time

determine to be necessary. Any sums so appropriated shall be available for necessary expenses, including the employment of persons and

means in the District of Columbia and elsewhere, printing and binding, and the purchase, maintenance, operation, and exchange of passenger-carrying vehicles; but such sums shall not be.used to pay tKe

cost or value of any property injured or destroyed. Materials and

equipment necessary to control, suppress, or eradicate infestations of

forest insects or tree diseases may be procured without regard to the

provisions of section 3709 of the Revised Statutes (41 U. S. C. 5)

under such procedures as may be prescribed by the Secretary of Agriculture, when deemed necessary in the public interest.

SEC. G. The provisions of this Act are intended to supplement, and

shall not be construed as limiting or repealing, existing legislation.

SEC. 7. This Act may be cited as the "Forest Pest Control Act".

ANDERSON-MANSFIELD REFORESTATION AND REVEGETATION ACT

Act of October 11, 1949 (63 Stat. 762)

Joint Resolution to provide for the reforestation and revegetation of the forest

and range lands of the national forests, and for other purposes

Whereas the national forests of the United States contain approximately eighty million acres of the Nation's commercial timber lands

and approximately eighty-three million acres of the Nation's important grazing lands; and

Whereas these national-forest lands comprise the principal source of

water supply for domestic, irrigation, and industrial purposes for

thousands of communities, farms, and industries, and good forest

and other vegetative cover is essential for watershed protection;

and

Whereas these lands annually supply approximately four billion

board-feet of forest products through twenty-seven thousand sales

transactions and the demand for national forest timber is steadily

increasing; and

Whereas these lands are the sole or main source of summer range

for ten million cattle and sheep grazed by thirty thousand livestock

permittees whose livelihood is wholly or partially dependent upon

livestock grazed on national-forest ranges; and
73

Whereas these lands contain over four million acres of denuded and

unsatisfactorily stocked timberlands and an additional four million

acres of seriously depleted range lands ; and

'Whereas all of these lands are potentially capable of producing an

important part of the timber and forage needs of local communities,

and contributing to the protection of water sheds, thereby alleviating

flood damage and insuring a continuing water supply, increasing

opportunity for local employment, bringing greater stability to

local communities, and increasing returns to counties in the national

forests from their share of national forests receipts, together with

other benefits; and

Whereas these lands will not restock or revegetate satisfactorily or

within a reasonable time except through reforestation and revegetation or other measures to induce restocking or revegetation ; and

Whereas it is practical to reforest these denuded and unsatisfactorily

stocked timber lands and revegetate these seriously depleted range

lands in a period of fifteen years ; and

Whereas it is necessary to provide reasonable continuity of reforestation and revegetation programs in order to insure effective, efficient,

and economical operations : Therefore be it

Resolved hy the Senate and House of Representatives of the united

States of America in Congress assembled^ That it is the declared

policy of the Congress to accelerate and provide a continuing basis

for the needed reforestation and revegetation of national-forest lands

and other lands under administration or control of the Forest Service

of the Department of Agriculture in order to obtain the benefits hereinbefore enumerated.

SEC. 2. For the purpose of carrying out the provisions of this joint

resolution on national-forest lands and other lands under the administration or control of the Forest Service of the Department of Agriculture, including the acquisition of land or interests therein for

nurseries, there is hereby authorized to be appropriated to remain

available until December 31 of the ensuing fiscal year, $3,000,000 for

the fiscal year ending June 30, 1951; $5,000,000 for the fiscal year

ending June 30, 1952 ; $7,000,000 for the fiscal year ending June 30,

1953; $8,000,000 for the fiscal year ending June 30, 1954; $10,000,000

for the fiscal year ending June 30,1955 ; a like amount for each subsequent year through the fiscal year ending June 30,1965, and thereafter

such amounts as may be needed for reforestation; and $1,500,000 for

the fiscal year ending June 30, 1951 ; $1,750,000 for the fiscal year

ending June 30, 1952; $2,000,000 for the fiscal year ending June 30,

1953 ; $2,500,000 for the fiscal year ending June 30,1954 ; $3,000,000 for

the fiscal year ending June 30,1955 ; a like amount for each subsequent

year through the fiscal year ending June 30, 1965, and thereafter such

amounts as may be needed for range revegetation.

GRANGER-THYE ACT

Act of April 24, 1950 (64 Stat. 82)

An Act to facUitate and simplify the work of tlie Forest Service, and for other

purposes.

- Be it enacted hy the Senate and House of Representatives of the

united States of ^ America in Congress assembled^ That, notwithstanding the provisions of existing law and without regard to section
74

355, Revised Statutes, as amended (40 U. S. C. 255), 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.

SEC. 2. That so much of the Act of June 30,1914 (38 Stat. 415, 429,

16 U. S. C. 504), as provides: "That hereafter the Secretary of Agriculture may procure such seed, cones, and nursery stock by open

purchase, without advertisements for proposals, whenever in his discretion such method is most economical and in the public interest and

when the cost thereof will not exceed $500 :", is hereby amended to

read as follows : "That the provisions of section 3709, Eevised Statutes

(41 U. S. C. 5), shall not apply to any purchase by the Forest Service

of forest-tree seed or cones or of forage plant seed when the amount

involved does not exceed $10,000, nor to any purchase of forest-tree

nursery stock when the amount involved does not exceed $500, whenever, in the discretion of the Secretary of Agriculture, such method is

in the public interest."

SEC. 3. The provisions of section 3709, Revised Statutes (41 TJ. S. G.

5), 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: Promded^ 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.

SEC. 4. That section 205 of the Department of Agriculture Organic

Act of 1944, approved September 21, 1944 (58 Stat. 736, 16 U. S. C.

579a), is hereby amended to read as follows :

"SEC. 205. 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, with

authority to renew any contract for such purpose annually, not more

than twice, without additional advertising."

SEC. 5. That section 1 of the Act of March 3, 1925 (43 Stat; 1132;

16 U. *S. C. 572 ), is hereby amended to read as follows :

"SEC. 1. (a) The Secretary of Agriculture is authorized, where the

public interest justifies, to cooperate with or assist public and private

agencies, organizations, institutions, and persons in performing work

on land in State, county, m-unicipal, 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, imgrovement, reforestation, and such other kinds of work as the Forest

ervice is authorized to do on lands of the United States : Provided^

Thatthe united States shall not be liable to the depositor or landowner

for any damage incident to the performance of such work.

"(b) Cooperation and assistance on the same basis as that author-
75

ized in subsection (a) 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) Moneys deposited under this section shall be covered into the

Treasury and shall constitute a special fund, which is hereby 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: Promded

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: Promded 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."

SEC. 6. That so much of the Act of August 11, 1916 (39 Stat. 446,

462; 16 U. S. C. 490), as provides: "That hereafter deposits may be

received from timber purchases in such sums as the Secretary of

Agriculture may require to cover the cost to the United States of

disposing of brush and other debris resulting from cutting operations

in sales of national-forest timber ; such deposits shall be covered into

the Treasury and shall constitute a special fund, which is hereby

appropriated and made available until expended, as the Secretary of

Agriculture may direct, to pay the cost of such work and to make

refunds to the depositors of amounts deposited by them in excess of

such cost.", is hereby amended to read as follows : "Purchasers of

national-forest timber may be required by the Secretary of Agriculture

to deposit the estimated cost to the United States of disposing of

brush and other debris resulting from their cutting operations, such

deposits to be covered into the Treasury and constitute a special fund,

which is hereby appropriated and shall remain available until expended : Provided^ That any deposits in excess of the amount expended

for disposals shall be transferred to miscellaneous receipts, forestreserve fund, to be credited to the receipts of the year in which such

transfer is made."

SEC. 7. 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 hereby 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^Thdit

as all or a part of the consideration for permits issued under this sec-
76

tion, the Secretary may require the permittees at their expense to

recondition and maintain the structures and land to a satisfactory

standard.

SEO. 8. The Secretary of Agriculture is authorized to furnish persons attending Forest Service demonstrations, and users of national

forest resources and recreational facilities, with meals, lodging, bedding, fuel, and other services, where such facilities are not otherwise

available, at rates approximating but not less than the actual or estimated cost thereof and to deposit all moneys received therefor to the

credit of the appropriation from w^hich 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.

SEO. 9. The Secretary of Agriculture is authorized, subject to such

conditions as he may prescribe, to sell forest-tree seed and nursery

stock to States and political subdivisions thereof and to public

agencies of other countries, at rates not less than the actual or estimated cost to the United States of procuring or producing such seed or

nursery stock, moneys received from the sale thereof to be credited

to the appropriation or appropriations of the Forest Service currently

available for the procurement or production of seed or nursery stock

at the time such moneys are deposited : Provided^ That the Secretary

of Agriculture may exchange with such public agencies forest-tree

seed and nursery stock for forest-tree seed or nursery stock of the same

or different species upon a determination that such exchange is in

the interest of the United States and that the value of the property

given in exchange does not exceed the value of the property received :

Provided further^ That no nursery stock shall ba sold or exchanged

under this section as ornamental or other stock for landscape planting

of the types commonly grown by established commercial nurserymen.

SEC. 10. Notwithstanding the provisions of section 7 of the Act of

August 23,1912, as amended (31 U. S. C. 679), appropriations for the

protection and management of the national forests shall be available

to pay for telephone service installed in residences of seasonal

employees and of persons cooperating with the Forest Service who

reside within or near the national forests when such installation is

determined by the Secretary of Agriculture to be needed in protecting

the national forests : 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.

SEC. 11. 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 suíñcient 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
77

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.

SEC. 12. Of the moneys received from grazing fees by the Treasury

from each national forest during each fiscal year there shall be available at the end thereof when appropriated by Congress an amount

equivalent to 2 cents per animal-month for sheep and goats and 10

cents per animal-month for other kinds of livestock under permit on

such national forest during the calendar year in which the fiscal year

begins, which appropriated amount shall be available until expended

on such national forest, tinder 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.

SEC. 13. That section 5 of the Act of March 3, 1925 (43 Stat. 1133;

16 U. S. C. 555), is hereby amended to read as follows :

"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 hereby 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: Promded fv/rther^ That not to exceed $25,000 may be

expended in any one fiscal year pursuant to this authority."

SEC. 14. There are hereby 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.

SEC. 15. That section 6 of the Act of March 3, 1925 (43 Stat. 1133;

16 U. S. C. 557), is hereby amended by substituting a colon for the

period at the end thereof and adding the following : ''Provided^ That

when a transient without permanent residence, or any other person

while away from his place of residence, is temporarily employed by

the Forest Service and while so employed becomes disabled because

of injury or illness not attributable to official work, he may be provided

hospitalization and other necessary medical care, subsistence, and

lodging for a period of not to exceed fifteen days during such disability, the cost thereof to be payable from any funds available to the
78

Forest Service applicable to the work for wMch such person is

employed."

SEC. 16. 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 injurjr in

official work at rates not in excess of those provided by the United

States Employees' Compensation Act, as amended (5 U. S. 0., 751

and the following), 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 united

States Employees' Compensation Commission shall be notified

promptly of the amount so paid, which amount shall be deducted

from the amount, if any, otherwise payable by the United States

Employees' Compensation Commission to the employee on account

of the injury, the amount so deducted by the Commission to be paid

to the Forest Service for deposit to the credit of the Forest Service

appropriation from which the expenditure was made : Provided furtJier^ 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 hosçitalization 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 United States Employees' Compensation Commission from

denying further payments should the Commission determine that

compensation is not properly allowable under the provisions of the

Employees' Compensation Act.

SEC. 17. (a) Section 2 of the Act of March 3, 1925 (43 Stat. 1132;

16 U. S. C. 571) ; the second proviso in section 1 of the Act of May

22, 1928 (45 Stat. 699; 16 U. S. C. 581) ; and section 1 of the Act of

May 27,1930 (46 Stat. 387; 16 U. S. C. 573), are hereby repealed.

(b) The second proviso in section 13 of the Act of March 1, 1911

(36 Stat. 961, 963), is hereby repealed.

SEC. 18. (a) (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 at

the time of the enactment of this Act, and recognized as such by the

Department of Agriculture, shall continue to be the local advisory

board for the unit or area it represents, until replaced by a local advisory board or boards constituted and elected as hereinafter provided.

(2) Each such local advisory board shall be constituted and elected

under rules and regulations, consistent herewith, now or hereafter
79

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 represeniative 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) 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) (1) At least thirty days prior to the issuance by the Secretary

of Agriculture of any regulation under this Act 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 Agriculture, or his representative, the issuance of

regulations or instructions relating to the use of national forest lands,

seasons of use, grazing capacity of such lands, and any other matters

affecting the administration of grazing in the area represented by such

board.

SEC. 19. 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 : Promded^ That nothing

herein shall be construed as limiting or restricting any right, title, or

interest of the united States in any land or resources.
80

COOPERATIVE FOREST MANAGEMENT ACT

Act of August 25, 1950 (64 Stat. 473)

An Act to authorize the Secretary of Agriculture to cooperate with the States

to enable them to provide technical services to private forest landowners, and

for other purposes.

Be it enacted hy the Senate and Hou^e of Representatives of the

united States of America in Congress assembled^ That the Secretary

of Agriculture is hereby authorized to cooperate with State foresters

or equivalent officials of the several States, Territories, and possessions

for the purpose of encouraging the States, Territories, and possessions

to provide technical services to private forest landowners and operators, and processors of primary forest products with respect to the

management of forest lands and the harvesting, marketing, and

processing of forest products, and, where necessary to avoid uneconomic duplication of certain technical and training services, to make

such services available to private agencies and persons. All such

technical services shall be provided in each State, Territory, or

possession in accordance with a plan agreed upon in advance between

the Secretary and the State forester or equivalent official of the State,

Territory, or possession. The provisions of this Act and the plan

agreed upon for each State, Territory, or possession shall be carried

out in such manner as to encourage the utilization of private agencies

and individuals furnishing services of the type described in this

section.

SEC. 2. There is hereby authorized to be appropriated annually, to

enable the Secretary to carry out the provisions of this Act, the sum

of $2,500,000. Apportionment among the participating States, administrative expenses in connection with cooperative action with such

States, and the amount to be expended by the Secretary to make

technical services available to private persons and agencies, shall be

determined by the Secretary after consultation with a national advisory board of not less than five State foresters or equivalent officials

selected by a majority of the State foresters or equivalent officials of

all States, Territories, or possessions participating in the program.

The amount paid by the Federal Government to any State, Territory,

or possession for cooperative action in the State, Territory, or

possession shall not exceed during any fiscal year the amount expended

by the cooperating State, Territory, or possession for the same purpose

during the same fiscal year, and the Secretary of Agriculture is authorized to make such expenditures on the certificate of the appropriate

official of the State, Territory, or possession having charge of the

cooperative work for the State, Territory, or possession that the expenditures as herein provided have been made : Provided^ That it is

the intent of Congress that the Secretary may continue to cooperate

with persons and private agencies in furnishing technical forestry

services under existing authority.

SEC. 3. The Act of May 18,1937 (50 Stat. 188), known as the Cooperative Farm Forestry Act, is hereby repealed effective June 30, 1951.

SEC. 4. This Act shall be known as the Cooperative Forest Management Act.

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