« ForrigeFortsett »
he is 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 no right, title, interest, or claim in or to any lands acquired under said sections, 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. (Mar. 1, 1911, ch. 186, $ 10, 36 Stat. 962.)
$ 519a. Transfer of forest reservation lands for military purposes.-If any of the lands purchased or to be purchased by the United States under the provisions of sections 513-521 of this title, within the limits of townships 1, 2, and 3 north, ranges 9, 10, 11, 12, and 13, in Forrest and Perry Counties, States of Mississippi, are determined to be chiefly valuable and necessary for a National Guard encampment and related military purposes, the Secretary of Agriculture, with the consent and approval of the National Forest Reservation Commission established by section 513 of this title, may, and he hereby is, authorized to convey full title to said lands to the State of Mississippi or the War Department of the United States: Provided, that there is paid into the Treasury of the United States, or made available by transfer on the books of said Treasury, sums of money equal to the full amounts expended by the Department of Agriculture for the purchase of said lands, and the money so paid into or transferred on the books of the Treasury shall be available for expenditure by the Secretary of Agriculture for the purchase of other lands under the provisions of said sections 513-521. (Mar. 2, 1935, ch. 21, 49 Stat. 37.)
8 520. Regulations as to mineral resources.— The Secretary of Agriculture 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 sections 513-519 of this title, 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 said sections shall be disposed of as is provided by existing law for the disposition of receipts from national forests. (Mar. 4, 1917, ch. 179, 39 Stat. 1150.)
8 521. Lands acquired to be reserved, held, and administered as national forest lands; designation.-Subject to the provisions of section 519 of this title the lands acquired under sections 513519 of this title shall be permanently reserved, held, and administered as national forest lands under the provisions of section 471 of this title and acts suplemental to and amendatory thereof. And the Secretary of Agriculture may from time to time divide the lands acquired under the aforesaid sections into such specific national forests and so designate the same as he may deem best for administrative purposes. (Mar. 1, 1911, ch. 186, § 11, 36 Stat. 963.)
$ 522. Rights-of-ways for electrical plants.—The Secretary of Agriculture is authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way 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 1-6 and 8 of Title 47 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. (Feb. 15, 1901, ch. 372, 31 Stat. 790.)
Rights-of-way through public lands, provisions of sections 1, 2, and 3 of this title not to affect or modify this section, see section 4 of this title.
Rights-of-way to electric power companies, see section 957 of Title 43, Public Lands.
§ 523. Rights-of-way for electrical poles and lines. The head of the department having jurisdiction over the lands 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 national forests of the United States for electrical poles and lines, for 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. Such right-of-way shall be allowed within or through any national forest only upon the approval of the chief officer of the department under whose supervision or control such national forest falls, and upon a finding by him that the same is not incompatible with the public interest. 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 been issued a permit prior to March 4, 1911, for any of the purposes specified herein under any law existing at that date, may obtain the benefit of this section upon the same terms and conditions as shall be required of citizens, associations, or corporations making application under the provisions of this section subsequent to said date. (Mar. 4, 1911, ch. 238, 36 Stat. 1253.)
§ 524. Rights-of-way for dams, reservoirs, or water plants for municipal, mining, and milling purposes.-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 granted to citizens and corporations of the United States for muncipal 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 forests are respectively situated. (Feb. 1, 1905, ch. 288, § 4, 33 Stat. 628.)
§ 525. Rights-of-way for wagon roads or railroads. 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 when in his judgment the public interests will not be injuriously affected thereby. (Mar. 3, 1899, ch. 427, § 1, 30 Stat. 1233.)
CROSS REFERENCE Laws affecting, forest lands, except those which affect appropriating, entering, relinquishing, or patenting such lands, to be executed by Secretary of Agriculture, see section 472 of this title.
8 526. Establishment and protection of water rights. 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. (Sept. 21, 1944, ch. 412, title II, § 213, 58 Stat. 737.)
CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944.
$ 527. Use of Forest Service funds for administration of cer. tain lands.—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 sections 471, 499, 505, 521, 564-570 of this title, and lands transferred to the Forest Service for administration. (Sept. 21, 1944, ch. 412, title II, $ 211, 58 Stat. 737.)
FOREST PROTECTION; FOREST SERVICE; REFORESTATION
§ 551. Protection of national forests; rules and regulations.The Secretary of Agriculture shall make provisions for the protection against destruction by fire and depredations upon the public forests and national forests which may have been set aside or which may be hereafter set aside under the provisions of section 471 of this title, and which may be continued; and he may make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any violation of the provisions of sections 473-482 of this title or such rules and regulation shall be punished as is provided for in section 104 of title 18. (June 4, 1897, ch. 2, § 1, 30 Stat. 35; Feb. 1, 1905, ch. 288, § 1, 33 Stat. 628.)
$ 552. Consent to agreement by States for conservation of forests and water supply.-Consent of the Congress of the United States is given to each of the several States of the Union to enter into any agreement or compact, not in conflict with any law of the United States, with any other State or States for the purpose of conserving the forests and the water supply of the States entering into such agreement or compact. (Mar. 1, 1911, ch. 186, § 1, 36 Stat. 961.)
$ 552a. Reservation of forest lands for protection of municipal water supplies.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 muncipality, and endorsed by the governing board of the county or counties in which the lands concerned are located and approved by the Secretaries of Agriculture and the Interior, to reserve and set aside from all forms of location, entry, or appropriation any nationalforest lands, which are covered by such cooperative agreement, subject, however, to valid, existing rights and claims, and such reservation shall remain in force until revoked by the President or by an Act of Congress: Provided, That nothing herein shall affect the power of the Secretary of the Interior to withdraw and utilize withdrawn lands under the Federal reclamation laws: 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. (May 28, 1940, ch. 220, § 1, 54 Stat. 224.)
§ 552b. Same; administration of lands; rules and regulations.Lands withdrawn under the provisions of sections 552a-552d of this title shall be administered by the Secretary of Agriculture under such agreements for the protection of the watershed as he may make with the municipality concerned, and the Secretary of Agriculture is 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 effect the adequate protection of the watershed, including a rule or regulation forbidding persons other than forest officers and representatives of the municipality from going on the lands so reserved or making any use whatever thereof. (May 28, 1940, ch. 220, § 2, 54 Stat. 224.)
§ 552c. Same; reimbursement of United States for loss of revenue.—Whenever national-forest lands are withdrawn under sections 552a-552d of this title, and the municipality concerned objects to the utilization of the timber or other resources of lands withdrawn, and the Secretary of Agriculture agrees to withhold such resources from utilization, said municipality shall pay to the Forest Service annually an amount which the Secretary of Agriculture shall determine is necessary to reimburse the United States for the loss of net annual revenues which would be derived from the resources so withheld from disposition. (May 28, 1940, ch. 220, § 3, 54 Stat. 225.)
§ 552d. Same; punishment of violations of regulations. Any violation of the regulations issued under sections 552a-552d of this title shall be punished as is provided in section 104 of Title 18. (May 28, 1940, ch. 220, § 4, 54 Stat. 225.)
$ 553. Duties of officials of Forest Service; stock laws; protection of fish and game.-Officials of the Forest Service designated by' the Secretary of Agriculure shall, in all ways that are practicable, aid in the enforcement of the laws of the States or Territories with regard to stock, for the prevention and extinguishment of forest fires, and for the protection of fish and game, and with respect to national forests, shall aid the other Federal bureaus and departments on request from them, in the performance of the duties imposed on them by law. (May 23, 1908, ch. 192, 35 Stat. 259.)
TRANSFER OF FUNCTIONS Functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of Interior by Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1433, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees.
§ 554. Forest supervisors and rangers.-Forest supervisors and rangers shall be selected, when practicable, from qualified citizens of the States or Territories in which the national forests, respectively, are situated. (Feb. 1, 1905, ch. 288, § 3, 33 Stat. 628.)