Revised Edition of Laws Applicable to the United States Department ..., Volume 1
Oleh United States, United States. Department of Agriculture. Office of the Solicitor
culture may direct: Provided, That any portion of any deposit found to be in excess of the cost of doing said work shall, upon the determination that it is so in excess, be transferred to miscellaneous receipts, forest reserve fund, as a national-forest receipt of the fiscal year in which such transfer is made: Provided further, That the Secretary of Agriculture 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. (June 9, 1930, ch. 416, 83, 46 Stat. 527.)
CROSS REFERENCE Classification, appropriation, and disbursement of trust funds, see section 725s of Title 31, Money and Finance.
8 577. Public lands in northern Minnesota; withdrawal from entry and appropriation. All public lands of the United States situated north of township 60 north in the Counties of Cook and Lake, State of Minnesota, including the natural shore lines of Lake Superior within such area; all public lands of the United States situated in that part of St. Louis County, State of Minnesota, lying north of a line beginning at the northeast corner of Township 63 north, Range 12 west, 4th P. M., thence westerly along the township line to the southwest corner of Township 64 north, Range 18 west, 4th P. M., thence northerly to the northwest corner of Township 65 north, Range 18 west, 4th P. M., thence westerly to the southwest corner, Township 66 north, Range 21 west, 4th P. M., thence northerly along the Township line to its intersection with the international boundary between the United States and the Dominion of Canada; all public lands of the United States on the shore lines of the lakes and streams forming the international boundary, so far as such lands lie within the areas heretofore described in this section; all public lands of the United States in that part of the Superior National Forest located in Townships 61 and 62, Ranges 12 and 13 west, 4th P. M.; and all public lands of the United States on the shore lines of Burntside Lake and Lake Varmilion, State of Minnesota, are hereby withdrawn from all forms of entry or appropriation under the public land laws of the United States, subject to prior existing legal rights initiated under the public land laws, so long as such claims are maintained as required by the applicable law or laws and subject to such permits and licenses as may be granted or issued by the Department of Agriculture under laws or regulations generally applicable to national forests. (July 10, 1930, ch. 881, § 1, 46 Stat. 1020.)
8 577a. Same; conserving shore line beauty for recreational use; regulation of logging. The principle of conserving the natural beauty of shore lines for recreational use shall apply to all Federal lands which border upon any boundary lake or stream contiguous to this area, or any other lake or stream within this area which is now or eventually to be in general use for boat or canoe travel, and that for the purpose of carrying out this principle logging of all such shores to a depth of four hundred feet from the natural water line is hereby forbidden, except as the Forest Service of the Department of Agriculture may see fit in
particular instances to vary the distance for practical reasons: Provided, That in no case shall logging of any timber other than diseased, 'insect infested, dying, or dead be permitted closer to the natural shore line than two hundred feet, except where necessary to open areas for banking grounds, landings, and other uses connected with logging operations. (July 10, 1930, ch. 881, § 2, 46 Stat. 1021.)
§ 577b. Same; preserving water level of lakes and streams; reservoirs; water power.-In order to preserve the shore lines, rapids, waterfalls, beaches, and other natural features of the region in an unmodified state of nature, no further alteration of the natural water level of any lake or stream within or bordering upon the designated area shall be authorized by any permit, license, lease, or other authorization granted by any official or commission of the United States, which will result in flooding lands of the United States within or immediately adjacent to the Superior National Forest, unless and until specific authority for granting such permit, license, lease, or other authorization shall have first been obtained by special Act from the Congress of the United States covering each such project: Provided, That nothing in this section shall be construed as interfering with the duties of the International Joint Commission created pursuant to the convention concerning the boundary waters between the United States and Canada and concluded between the United States and Great Britain on January 11, 1909, and action taken or to be taken in accordance with provisions of the convention, protocol, and agreement between the United States and Canada, which were signed at Washington on February 24, 1925, for the purpose of regulating the levels of the Lake of the Woods: Provided, That with the written approval and consent of the Forest Service of the Department of Agriculture, reservoirs not exceeding one hundred acres in area may be constructed and maintained for the transportation of logs or in connection with authorized recreational uses of national-forest lands, and maximum water levels not higher than the normal high-water mark may be maintained temporarily where essential strictly for logging purposes, in the streams between lakes by the construction and operation of small temporary dams: Provided, however, That nothing herein shall be construed to prevent the Secretary of Agriculture from listing for homestead entry under the provisions of section 506 of this title, any of the above-described lands found by him to be chiefly valuable for agriculture and not needed for public purposes: Provided further, That the provisions of this section shall not apply to any proposed development for water-power purposes for which an application for license was pending under the terms of sections 791-825r of this title on or before January 1, 1928. (July 10, 1930, ch. 881, § 3, 46 Stat. 1021.)
8 578. Rental of Forest Service equipment to Federal agencies. - The Forest Service may rent equipment to other Federal agencies at rates sufficient to reimburse the appropriations of the Forest Service that would otherwise be chargeable with the cost of the repair, maintenance, and depreciation of such equipment.
(June 30, 1939, ch. 253, title I, 53 Stat. 955; June 25, 1940, ch. 421, § 1, 54 Stat. 546.)
8 579. Purchase of improvements in lieu of construction.Where, in the opinion of the Secretary, direct purchases will be more economical than construction, improvements may be pur chased. (June 25, 1940, ch. 421, § 1, 54 Stat. 546; July 1, 1941, ch. 267, § 1, 55 Stat. 422; July 22, 1942, ch. 516, § 1, 56 Stat. 680; July 12, 1943, ch. 215, § 1, 57 Stat. 412; June 28, 1944, ch. 296, § 1, 58 Stat. 444.)
§ 579a. Operation of aerial fire control.—The Forest Service may provide for the maintenance and operation of aerial fire control by contract or otherwise, with authority to renew any contract for such purpose annually, not more than twice, without additional advertising. (Sept. 21, 1944, ch. 412, title II, § 205, 58 Stat. 736.)
CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944.
$ 580. Use of Forest Service appropriations for repair, etc. of equipment; rental of fire control equipment to non-Federal agencies.-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, reimbursed 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 amount collected for such rental to be credited to appropriations currently available at the time payment is received. (Sept. 21, 1944, ch. 412, title II, $ 204, 58 Stat. 736.)
§ 580a. Sale and distribution of supplies, equipment and materials to other Government activities and to cooperating State and private agencies; reimbursement.—The Forest Service may sell and distribute supplies, equipment, and materials to other Goyernment activities and to State and private agencies who cooperate with the Forest Service in fire control under terms of written cooperative agreements, the cost of such supplies, equipment, and materials, including the cost of supervision, transportation, warehousing, and handling, to be reimbursed to appropriations current at the time additional supplies, equipment, and materials are procured for warehouse stocks. (Sept. 21, 1944, ch. 412, title II, 8 203, 58 Stat. 736.)
INVESTIGATI NS, EXPERIMENTS, AND TESTS AFFECTING
REFORESTATION AND FOREST PRODUCTS
§ 581. Authorization of investigations, experiments, and tests; cooperation with State and other agencies; appropriations and contributions; buildings; existing laws as affected by sections 581a5811.—The Secretary of Agriculture is hereby authorized and directed to conduct such investigations, experiments, and tests as he may deem necessary under sections 581a-581i of this title, 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 sections 581-581i of this title 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 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 sections 581-581i of this title, and in making refunds to contributors: Provided further, That the cost of any building purchased, erected, or as improved in carrying out the purposes of sections 581-581i of this title shall not exceed $2,500, exclusive in each instance of the cost of constructing a water supply or sanitary system and of connecting the same with any such building: Provided further, That the amounts specified in sections 581a-581g, and 581i of this title 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: Provided further, That during any fiscal year the amounts specified in sections 581b-581d of this title 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: And provided further, That the provisions of sections 581-581i of this title 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. (May 22, 1928, ch. 678, $ 1,45 Stat. 699.)
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.
CROSS REFERENCE Classification as trust fund, appropriation and disbursement of fund appearing on books of Government as "Cooperative work, Forest Service," see section 725s of Title 31, Money and Finance.
§ 581a. Forest experiment stations; establishment; appropriation. For conducting fire, silvicultural, 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.
The Secretary of Agriculture is further authorized to establish and maintain a 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