dreamproit/uscode huggingface dataset:
16 U.S.C. § 495 (CONSERVATION)
§ 495. Leases of lands for sanitariums or hotels
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 section.
(Feb. 28, 1899, ch. 221, § 1, 30 Stat. 908; Feb. 1, 1905, ch. 288, § 1, 33 Stat. 628.)
heading: Editorial Notes
heading: Codification
text: “National forest” substituted in text for “forest reserves” on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Act Feb. 1, 1905 transferred certain functions with regard to administration of national forests from Secretary of the Interior to Secretary of Agriculture.
16 U.S.C. § 496 (CONSERVATION)
§ 496. Disposition of funds
All funds arising from the privileges granted under section 495 of this title shall be covered into the Treasury of the United States as provided by law.
(Feb. 28, 1899, ch. 221, § 2, 30 Stat. 908; Mar. 4, 1907, ch. 2907, 34 Stat. 1270.)
heading: Editorial Notes
heading: Codification
text: As enacted by act Feb. 28, 1899, section provided that the funds be “covered into the Treasury of the United States as a special fund, to be expended in the care of public forest reservations”.
Section was affected by act Mar. 4, 1907, which provides that all revenue from the national forests shall be covered into the Treasury as a miscellaneous receipt.
16 U.S.C. § 497 (CONSERVATION)
§ 497. Use and occupation of lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational or public uses
The Secretary of Agriculture is authorized, under such regulations as he may make and upon such terms and conditions as he may deem proper, (a) to permit the use and occupancy of suitable areas of land within the national forests, not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining hotels, resorts, and any other structures or facilities necessary or desirable for recreation, public convenience, or safety; (b) to permit the use and occupancy of suitable areas of land within the national forests, not exceeding five acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining summer homes and stores; (c) to permit the use and occupancy of suitable areas of land within the national forest, not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining buildings, structures, and facilities for industrial or commercial purposes whenever such use is related to or consistent with other uses on the national forests; (d) to permit any State or political subdivision thereof, or any public or nonprofit agency, to use and occupy suitable areas of land within the national forests not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining any buildings, structures, or facilities necessary or desirable for education or for any public use or in connection with any public activity. The authority provided by this section shall be exercised in such manner as not to preclude the general public from full enjoyment of the natural, scenic, recreational, and other aspects of the national forests.
(Mar. 4, 1915, ch. 144, 38 Stat. 1101; July 28, 1956, ch. 771, 70 Stat. 708.)
heading: Editorial Notes
heading: Amendments
text: 1956—Act July 28, 1956, increased maximum area of land for each purpose for which permits may be granted from not more than 5 acres to not more than 80 acres, and authorized permits for facilities for public safety, for buildings, structures, and facilities for industrial or commercial purposes whenever such purposes are related to or consistent with other use of the national forests, and for facilities to be used by public or nonprofit agencies for education or public use or in connection with any public activity.
heading: Statutory Notes and Related Subsidiaries
heading: Enhancing Forest Service Administration of Rights-of-Way and Land Uses
text: Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 331], Nov. 29, 1999, 113 Stat. 1535, 1501A–196, as amended, formerly set out as a note under this section, was transferred to section 497e of this title.
16 U.S.C. § 497a (CONSERVATION)
§ 497a. Occupancy and use under permit of lands in Alaska for various purposes; period of permit; size of allotment; prohibitions; termination
The Secretary of Agriculture, in conformity with regulations prescribed by him, may permit the use and occupancy of national-forest lands in Alaska for purposes of residence, recreation, public convenience, education, industry, agriculture, and commerce, not incompatible with the best use and management of the national forests, for such periods as may be warranted but not exceeding thirty years and of such areas as may be necessary but not exceeding eighty acres, and after such permits have been issued and so long as they continue in full force and effect the lands therein described shall not be subject to location, entry, or appropriation, under the public land laws or mining laws, or to disposition under the mineral leasing laws: Provided, That nothing contained in this section shall prevent the said Secretary from canceling, revoking, or otherwise terminating a permit so issued upon proof of a breach of its terms and conditions or for other just cause.
(Mar. 30, 1948, ch. 162, 62 Stat. 100.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 341 of Title 48, Territories and Insular Possessions.
16 U.S.C. § 497d (CONSERVATION)
§ 497d. Recreation residence fees
The Secretary of Agriculture shall on and after November 14, 1997, phase in, over a 3-year period in equal annual installments, that portion of the fee increase for a recreation residence special use permit holder which is more than 100 percent of the previous year’s fee: Provided, That no recreation residence fee may be increased any sooner than one year from the time the permittee has been notified by the Forest Service of the results of an appraisal which has been conducted for the purpose of establishing such fees: Provided further, That no increases in recreation residence fees on the Sawtooth National Forest will be implemented prior to January 1, 1999.
(Pub. L. 105–83, title III, § 343, Nov. 14, 1997, 111 Stat. 1604.)
heading: Statutory Notes and Related Subsidiaries
heading: Limitation on Increases in Recreation Residence Fees
text: Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 342], Nov. 29, 1999, 113 Stat. 1535, 1501A–202, provided that: “Notwithstanding section 343 of Public Law 105–83 [16 U.S.C. 497d], increases in recreation residence fees shall be implemented in fiscal year 2000 only to the extent that the fiscal year 2000 fees do not exceed the fiscal year 1999 fee by more than $2,000.”
heading: Limitation on Recreation Residence Fee Increases on Sawtooth National Forest
text: Pub. L. 105–277, div. A, § 101(e) [title III, § 345], Oct. 21, 1998, 112 Stat. 2681–231, 2681–298, provided that: “Notwithstanding section 343 of Public Law 105–83 [16 U.S.C. 497d], increases in recreation residence fees on the Sawtooth National Forest shall be implemented in fiscal year 1999 only to the extent that such fee increases do not exceed 25 percent.”
16 U.S.C. § 501 (CONSERVATION)
§ 501. Expenditures from receipts for roads and trails; cooperation with State authorities; evaluation of receipts
On or after Mar. 4, 1913, 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, pulpwood, and other forest products the amounts made available for schools and roads by this section shall be based upon the stumpage value of the timber.
(Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 843; Sept. 21, 1944, ch. 412, title II, § 212, 58 Stat. 737.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following prior appropriation acts:
June 28, 1944, ch. 296, 58 Stat. 444.
July 12, 1943, ch. 215, 57 Stat. 412.
July 22, 1942, ch. 516, 56 Stat. 680.
July 1, 1941, ch. 267, 55 Stat. 423.
heading: Amendments
text: 1944—Act Sept. 21, 1944, inserted sentence relating to stumpage value of the timber.
heading: Statutory Notes and Related Subsidiaries
heading: Savings Provision
text: Provisions of Federal Land Policy and Management Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, not to be construed as affecting the distribution of livestock grazing revenues to local governments under this section, see section 701(j) of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.
16 U.S.C. § 501a (CONSERVATION)
§ 501a. Omitted
heading: Editorial Notes
heading: Codification
text: Section, acts June 30, 1939, ch. 253, title I, 53 Stat. 956; June 25, 1940, ch. 421, 54 Stat. 547, related to the evaluation of receipts for sections 500 and 501 of this title. See sections 500 and 501 of this title.
16 U.S.C. § 503 (CONSERVATION)
§ 503. Repealed. Pub. L. 85–767, § 2[1], Aug. 27, 1958, 72 Stat. 919
text: Section, act July 11, 1916, ch. 241, § 8, 39 Stat. 358, related to appropriations for roads and trails, and cooperative agreements by the Secretary of Agriculture and States.
16 U.S.C. § 503a (CONSERVATION)
§ 503a. Omitted
heading: Editorial Notes
heading: Codification
text: Section, acts May 16, 1928, ch. 572, 45 Stat. 569; Feb. 16, 1929, ch. 227, 45 Stat. 1220, which related to purpose for which appropriations for carrying out the provisions of section 503 of this title were available, was omitted in view of repeal of section 503 of this title.
16 U.S.C. § 504 (CONSERVATION)
§ 504. Purchases of tree seeds, cones, forage plant seed, and nursery stock for national forests
The provisions of section 6101 of title 41 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.
(June 30, 1914, ch. 131, 38 Stat. 429; Apr. 24, 1950, ch. 97, § 2, 64 Stat. 83.)
heading: Editorial Notes
heading: Codification
text: In text, “section 6101 of title 41” substituted for “section 3709, Revised Statutes (41 U.S.C. 5),” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
heading: Amendments
text: 1950—Act Apr. 24, 1950, increased open market purchase limitation from $500 to $10,000 on forest-tree seed or cones or forage plant seed.
16 U.S.C. § 504a (CONSERVATION)
§ 504a. Sale of forest-tree seed and nursery stock to States and political subdivisions; disposition of moneys; exchanges; limitation
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 be sold or exchanged under this section as ornamental or other stock for landscape planting of the types commonly grown by established commercial nurserymen.
(Apr. 24, 1950, ch. 97, § 9, 64 Stat. 85.)
16 U.S.C. § 505 (CONSERVATION)
§ 505. Use of national forests established on land reserved for purposes of national defense; maintenance available
Where a national forest is established under section 471(b) of this title 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 Department of the Army or Navy Department for said purposes and nothing in this section or section 471(b) of this title 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 national forests created under this section.
(June 7, 1924, ch. 348, § 9, 43 Stat. 655; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Editorial Notes
heading: Codification
text: Section is based on the second and third sentences of section 9 of act June 7, 1924. Section 471(b) of this title, referred to in text, was based on the first and fifth sentences of section 9 of the 1924 act, and was repealed by section 704(a) of Pub. L. 94–579. Section 499 of this title is based in part on the fourth sentence of section 9 of the 1924 act.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.
16 U.S.C. § 505a (CONSERVATION)
§ 505a. Interchange of lands between Department of Agriculture and military departments of Department of Defense; report to Congress
The Secretary of Agriculture with respect to National Forest System lands and the Secretary of a military department with respect to lands under the control of the military department which lie within or adjacent to the exterior boundaries of a unit of the National Forest System are authorized, subject to any applicable provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, to interchange such lands, or any part thereof, without reimbursement or transfer of funds whenever they shall determine that such interchange will facilitate land management and will provide maximum use thereof for authorized purposes: Provided, That no such interchange of lands shall become effective until forty-five days (counting only days occurring during any regular or special session of the Congress) after the submission to the Congress by the respective Secretaries of notice of intention to make the interchange.
(July 26, 1956, ch. 736, § 1, 70 Stat. 656; Pub. L. 100–409, § 7(a), (b), Aug. 20, 1988, 102 Stat. 1091.)
heading: Editorial Notes
heading: Codification
text: In text, “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
heading: Amendments
text: 1988—Pub. L. 100–409 substituted “National Forest System lands” for “national forest lands” and “a unit of the National Forest System” for “a national forest”.
16 U.S.C. § 505b (CONSERVATION)
§ 505b. Laws applicable
Any National Forest System lands which are transferred to a military department in accordance with this section and section 505a of this title shall be thereafter subject only to the laws applicable to other lands within the military installation or other public works project for which such lands are required and any lands which are transferred to the Department of Agriculture in accordance with this section and section 505a of this title shall become subject to the laws applicable to lands acquired under the Act of March 1, 1911 (36 Stat. 961), as amended. Lands interchanged under the authority of this section and section 505a of this title shall be deemed to include interests in lands.
(July 26, 1956, ch. 736, § 2, 70 Stat. 657; Pub. L. 100–409, § 7(a), (c), Aug. 20, 1988, 102 Stat. 1091.)
heading: Editorial Notes
heading: References in Text
text: Act of March 1, 1911, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.
heading: Amendments
text: 1988—Pub. L. 100–409 substituted “National Forest System lands” for “national forest lands” and inserted provision that lands interchanged under authority of this section and section 505a of this title be deemed to include interests in lands.
16 U.S.C. § 506...508 (CONSERVATION)
§§ 506 to 508. Repealed. Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157
text: Section 506, acts June 11, 1906, ch. 3074, § 1, 34 Stat. 233; May 30, 1908, ch. 233, 35 Stat. 554; Aug. 10, 1912, ch. 284, 37 Stat. 287; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized and directed the Secretary of Agriculture to classify national forest lands chiefly valuable for agriculture and which might be occupied for agricultural purposes without injury to the national forest and which were not needed for public purposes and to list them with the Secretary of the Interior for homestead entry and required such Secretary to declare the agricultural lands open to homestead entry.
text: Section 507, act June 11, 1906, ch. 3074, § 2, 34 Stat. 234, provided for additional homestead right of entry to former settlers.
text: Section 508, act June 11, 1906, ch. 3074, § 3, 34 Stat. 234, provided for entries in Black Hills National Forest subject to mining laws and to appropriation of waters.
16 U.S.C. § 508a (CONSERVATION)
§ 508a. Omitted
heading: Editorial Notes
heading: Codification
text: Section, act Feb. 15, 1927, ch. 152, 44 Stat. 1099, related to exchange of lands in Black Hills National or Harney National Forest. See Codification note set out under sections 486a to 486w of this title.
16 U.S.C. § 508b (CONSERVATION)
§ 508b. National forests in Minnesota; authority to prospect, develop, mine, remove, and utilize mineral resources
Where, through withdrawal or reservation or by statutory limitation or otherwise, all or any part of the mineral resources in public-domain lands or lands received in exchange for public-domain lands or for timber on such lands situated within the exterior boundaries of the national forests in Minnesota, are not subject to development or utilization under the mining laws of the United States or the mineral leasing laws, and for the development and utilization of which no other statutory authority exists, the Secretary of the Interior is authorized, under general regulations to be prescribed by him and upon such terms and for specified periods or otherwise as he may deem to be for the best interests of the United States, to permit the pros­pecting for and the development and utilization of such mineral resources: Provided, That the development and utilization of such mineral deposits shall not be permitted by the Secretary of the Interior except with the consent of the Secretary of Agriculture. All receipts derived from permits or leases issued under the authority of this section for prospecting for and the development and utilization of such mineral resources shall be paid into the same funds or accounts in the Treasury and shall be distributed in the same manner as prescribed for national forest revenue by sections 499 to 501 of this title.
(June 30, 1950, ch. 430, 64 Stat. 311.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Functions of Secretary of the Interior under this section, with respect to use and disposal from lands under jurisdiction of Secretary of Agriculture of those mineral materials which Secretary of Agriculture is authorized to dispose of from other lands under his jurisdiction under sections 601 to 604 and 611 to 615 of Title 30, Mineral Lands and Mining, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a Transfer of Functions note under section 2201 of Title 7, Agriculture.
16 U.S.C. § 509 (CONSERVATION)
§ 509. Repealed. Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157
text: Section, act June 11, 1906, ch. 3074, § 5, 34 Stat. 234, related to future settlements on lands within reserves and rights of former bona fide settlers.
(CONSERVATION)
§§ 510, 510a. Omitted
heading: Editorial Notes
heading: Codification
text: Section 510, act Aug. 8, 1916, ch. 295, 39 Stat. 440, which applied the provisions of sections 506 to 508 and 509 of this title to lands within the national forests in Lawrence and Pennington Counties in South Dakota, was omitted because of the repeal of sections 506 to 508 and 509 of this title.
Section 510a, act June 13, 1930, ch. 481, 46 Stat. 583, prohibiting the acceptance of applications for the classification and listing of lands in the Custer National Forest for homestead entry with provision for the Secretary of Agriculture to list, in his discretion, limited tracts when in his opinion such action would be in the public interest and would not be injurious to other settlers or users of the national forest, has been omitted in view of the repeal by Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157, of the provision under which such classification and listing were carried out.