this section, such payment to be made at the time of making final proof on such lands. (June 11, 1906, ch. 3074, § 2, 34 Stat. 234.) § 508. Entries in Black Hills National Forest subject to mining laws and to appropriation of waters. All entries under sections 506-508 and 509 of this title in the Black Hills National Forest shall be subject to the quartz or lode mining laws of the United States, and the laws and regulations permitting the location, appropriation, and use of the waters within the said national forest for mining, irrigation, and other purposes; and no titles acquired to agricultural lands in said Black Hills National Forest under said sections shall vest in the patentee any riparian rights to any stream or streams of flowing water within said forest; and that such limitation of title shall be expressed in the patents for the lands covered by such entries. (June 11, 1906, ch. 3074, § 3, 34 Stat. 234.) § 508a. Black Hills National or Harney National Forest; exchange of lands. CODIFICATION Section, act Feb. 15, 1927, ch. 152, 44 Stat. 1099, is now covered by note under sections 486a-486w of this title. § 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 499-501 of this title. (June 30, 1950, ch. 430, 64 Stat. 311.) § 509. Future settlements on lands within reserves, and rights of former bona fide settlers. Nothing contained within sections 506-508 of this title 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 said sections, 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. (June 11, 1906, ch. 3074, § 5, 34 Stat. 234.) § 510. Right of homestead entry extended to certain lands. The provisions of sections 506-508 and 509 of this title shall apply to all lands within the national forests in Lawrence and Pennington Counties in South Dakota. (Aug. 8, 1916, ch. 295, 39 Stat. 440.) CROSS REFERENCES Homestead entry rights denied to Custer National Forest see section 510a of this title. § 510a. Right of homestead entry denied to certai lands; Custer National Forest. From and after June 13, 1930, no application may be accepted by the Secretary of Agriculture fo the classification and listing of any land in th Custer National Forest for homestead entry unde the provisions of section 506 of this title, nor sha any lands be so classified for entry under the pro visions of the Act of August 10, 1912 (Thirty-sevent Statutes, pages 269-287): Provided, however, Thi the Secretary of Agriculture may, in his discretio: list limited tracts when in his opinion such actic will be in the public interest and will not be injur ous to other settlers or users of the national fore (June 13, 1930, ch. 481, 46 Stat. 583.) § 511. Reinstatement of entries canceled or reli quished. All homestead entries which have been cancel or relinquished, or are invalid solely because of t erroneous allowance of such entries after the wit drawal of lands for national-forest purposes, m be reinstated or allowed to remain intact, but in t case of entries canceled prior to March 3, 1911, plications for reinstatement must have been filed the proper local land office prior to July 1, 19 (Mar. 3, 1911, ch. 225, § 1, 36 Stat. 1084.) ΤΑ § 512. Segregation of lands for homestead entry. The Secretary of Agriculture is directed and quired to select, classify, and segregate, as soon practicable, all lands within the boundaries of tional forests that may be opened to settlement entry under the homestead laws applicable to national forests. And after March 4, 1913, surveys, and the plats and field notes thereof, s be made by employees of the Forest Service, t designated by the Secretary of the Interior or officer as he may designate, and such surveys and plats and field notes thereof shall be approved by Secretary of the Interior or such officer as he designate. (Mar. 4, 1913, ch. 145, 37 Stat. 842; 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan N § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1 TRANSFER OF FUNCTIONS All functions of all other officers of the Departme the Interior and all functions of all agencies and ployees of such Department were, with two excep transferred to the Secretary of the Interior, with vested in him to authorize their performance performance of any of his functions by any officers, agencies, and employees, by 1950 Reorg. No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat O of tout in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. Secretary of the Interior or such officer as he may desmate" was substituted for "United States supervisor of reys" under authority of 1946 Reorg. Plan No. 3. See Lite under section 1 of Title 43, Public Lands. 13. National Forest Reservation Commission; annual report to Congress. The National Forest Reservation Commission shall sst of the Secretary of the Army or as an alterre, the Chief of Engineers of the Army, the SecFary of the Interior, the Secretary of Agriculture, nd two Members of the Senate, to be selected by ce President of the Senate and two Members of the Erase of Representatives, to be selected by the Speaker, and is authorized to consider and pass upon lands as may be recommended for purchase as ovided in section 515 of this title, and to fix the se or prices at which such lands may be purased, and no purchases shall be made of any lands such lands have been duly approved for purCase by said commission. The members of the mission shall serve as such only during their inbency in their respective official positions, and vacancy on the commission shall be filled in the ner as the original appointment. It shall reannually to Congress through its president, not than the first Monday in December, its operas and expenditures in detail, during the preng fiscal year. (Mar. 1, 1911, ch. 186, §§ 4, 5, 36 962: July 26, 1947, ch. 343, title II, § 205 (a), Stat. 501; Sept. 21, 1950; ch. 966, 64 Stat. 872.) AMENDMENTS -Act Sept. 21, 1950, made the Chief of Engineers The Army an alternate member for the Secretary of Amy. CHANGE OF NAME The Department of War was designated the Department The Army and the title of the Secretary of War was ged to Secretary of the Army by act July 26, 1947. Appropriation for expenses of commission; pay ments. Seu of the permanent appropriation, annual priations from the general fund of the Treasury 15m sufficient to pay the necessary expenses of -Commission and its members, not to exceed an tal expenditure of $25,000, are authorized. Said Empriations shall be immediately available, and be paid out on the audit and order of the t of the said commission, which audit and shall be conclusive and binding upon all deents as to the correctness of the accounts of commission. (Mar. 1, 1911, ch. 186, § 14, Rat 963; June 26, 1934, ch. 756, § 2, 48 Stat. 1225.) REPEALS tive July 1, 1935, the permanent appropriation profor in this section was repealed by act June 26, 1934, authorizing, in lieu thereof an annual appropriathe general fund of the Treasury. See section of Title 31, Money and Finance. * Examination, location, and recommendation for urchase of forested, cut-over, or denuded lands, and report by Secretary of Agriculture. Le Secretary of Agriculture is authorized and med to examine, locate, and recommend for pursuch 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 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. (Mar. 1, 1911, ch. 186, § 6, 36 Stat. 962; June 7, 1924, ch. 348, § 6, 43 Stat. 654.) § 516. Purchase of lands approved by commission; consent of State; exchange of lands; cutting and removing timber. The Secretary of Agriculture is 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. No deed or other instrument of conveyance shall be accepted or approved by the Secretary of Agriculture under this section 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. With the approval of the National Forest Reservation Commission as provided by this section and section 515 of this title, and when the public interests will be benefited thereby, the Secretary of Agriculture 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 said sections which, in his opinion, are chiefly valuable for the purposes as therein stated, 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. 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 sections 480, 500, 513-519 and 521 of this title. (Mar. 1, 1911, ch. 186, § 7, 36 Stat. 962; Mar. 3, 1925, ch. 473, 43 Stat. 1215.) § 517. Title to lands to be acquired. 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 sections 513-519 and 521 of this title, 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. (Mar. 1, 1911, ch. 186, § 8, 36 Stat. 962.) CROSS REFERENCES Condemnation awards to be paid when Attorney General advises that proceedings and decree are regular, see section 517a of this title. § 517a. Payment of awards in condemnation proceedings. In condemnation proceedings, heretofore or hereafter prosecuted, for the acquisition of lands under sections 513-519 and 521 of this title, 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. (Mar. 1, 1911, ch. 186, § 8, 36 Stat. 962; Dec. 11, 1926, ch. 5, 44 Stat. 919.) § 518. Acquisition of lands not defeated by rights-ofway, easements, and reservations. 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 sections 480, 500, 513-519, and 521 of this title. 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 such rules and regulations shall be expressed in and made part of the written instrument 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. (Mar. 1, 1911, ch. 186, § 9, 36 Stat. 962; Mar. 4, 1913, ch. 145, 37 Stat. 855.) § 519. Agricultural lands included in tracts acquired; sale for homesteads. Inasmuch as small areas of land chiefly valuable for agriculture may of necessity or by inadvertence be included in tracts acquired under this section and sections 513-518 of this title, the Secretary of Agriculture may, in his discretion, and 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, State 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 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. (Mar. 2, 1935, ch. 21, 49 Stat. 37.) § 520. Regulations as to mineral resources. 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 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; 1946 Reorg. Plan No. 3, § 402, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1099.) TRANSFER OF FUNCTIONS TO SECRETARY OF INTERIOR The functions of the Secretary of Agriculture with respect to the uses of mineral deposits under this section were transferred to the Secretary of the Interior by 1946 Reorg. Plan No. 3, set out in note under section 133y-16 of Title 5, Executive Departments and Government Offcers and Employees, which provided that the 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 not interfere with the 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. For provisions concerning crediting and distribution of revenues and access to title records, see text of said Reorg. Plan. § 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 513-519 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 supplemental 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-way 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.) CROSS REFERENCES Rights-of-way for poles and lines, see section 523 of this title. 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 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. 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 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 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 REFERENCES 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. § 526. Establishment and protection of water rights. There are 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 rightsof-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 certain 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, and 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.) CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. 552. 552a. Reservation of forest lands for protection of municipal water supplies. 569. 552d. Same; punishment of violations of regulations. 553. 571a. Duties of officials of Forest Service; stock laws; protection of fish and game. 571b. 571c. 572. Maximum allowance on construction costs. (a) Payment of expenses by interested parties; (b) Cooperation where national forests or lands are used by permittees. (c) Disposition and availability of moneys: advancements; adjustments. 572a. Deposits from timber purchasers to defray cost of scaling services. 557a. Field season contracts; authority to make prior to appropriation. Damages caused private property in protection, administration, and improvement of national forests; reimbursement. Search for lost persons, and transportation of sick, injured, or dead persons, within national forests; authorization to incur expense. Reforestation; establishment of forest tree nurseries; tree planting; seed sowing and forest improvement work. Same; appropriations. Same; purchasers of national-forest timber; deposits of money in addition to payments for timber; use of deposits; seedlings and young trees for burned-over areas in national parks. Public lands in northern Minnesota; withdrawal from entry and appropriation. Same; conserving shore line beauty for recreational use; regulation of logging. |