-CITE- 16 USC CHAPTER 2 - NATIONAL FORESTS 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS -HEAD- CHAPTER 2 - NATIONAL FORESTS -MISC1- SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION Sec. 471. Repealed. 471a. Forest reserves in New Mexico and Arizona restricted. 471b. Repealed. 471c. Lands in California set aside as reserved forest lands. 471d. Additional forest reserves in California. 471e. Extension of boundaries of Sequoia National Forest. 471f. Cradle of Forestry in America in Pisgah National Forest; establishment; statement of purposes; publication in Federal Register. 471g. Administration, protection, and development; use of natural resources. 471h. Cooperation with public and private agencies, organizations, and individuals; acceptance of contributions and gifts. 471i. Pine Barrens Area, New Jersey. 471j. Headwaters Forest and Elk River Property acquisition. 472. Laws affecting national forest lands. 472a. Timber sales on National Forest System lands. 473. Revocation, modification, or vacation of orders or proclamations establishing national forests. 474. Surveys; plats and field notes; maps; effect under Act June 4, 1897. 475. Purposes for which national forests may be established and administered. 476. Repealed. 477. Use of timber and stone by settlers. 478. Egress or ingress of actual settlers; prospecting. 478a. Townsites. 479. Sites for schools and churches. 479a. Conveyance of National Forest System lands for educational purposes. 480. Civil and criminal jurisdiction. 481. Use of waters. 482. Mineral lands; restoration to public domain; location and entry. 482a. Mining rights in Prescott National Forest. 482b. Mount Hood National Forest; mining rights. 482c. Patents affecting forest lands. 482d. Perfection of claims within forest. 482e. Lincoln National Forest; mining rights. 482f. Patents affecting forest lands. 482g. Perfection of claims within forest. 482h. Coronado National Forest; mining rights. 482h-1. Protection of scenic values of forest. 482h-2. Cutting of timber; reservation of patent rights. 482h-3. Perfection of mining claims. 482i. Plumas National Forest; offer of lands; additions; mining rights. 482j. Santa Fe National Forest; mining rights; protection of scenic values. 482k. Patents affecting forest lands. 482l. Perfection of mining claims within forest. 482m. Teton National Forest in Wyoming; additional lands. 482n. Coconino National Forest; mining rights; protection of scenic values. 482n-1. Cutting of timber within forest; reservation of patent rights. 482n-2. Perfection of mining claims within forest. 482n-3. Sedona-Oak Creek area. 482o. Kaibab National Forest; mining rights; protection of scenic values. 482p. Patents affecting lands within forest. 482q. Perfection of mining claims within forest. 483, 484. Repealed. 484a. Exchange of lands in national forests; public schools; deposit of funds by school authority with insufficient exchange land; limitations on use. 485. Exchange of lands in national forests; cutting timber in national forests in exchange for lands therein. 485a. Omitted. 486. Exchange of lands in national forests; reservations of timber, minerals, or easements. 486a to 486w. Omitted. 487. Cutting timber on land added to Siskiyou National Forest. 487a. Cutting timber on lands added to Rogue River National Forest. 488. Establishment of exterior boundaries of national forests. 489. Repealed. 490. Deposits from timber purchasers to defray cost of disposing of debris. 491. Omitted. 492. Earth, stone, and timber for Departments of the Army and Navy, and Government works in Alaska. 493. Omitted. 494. Calaveras Bigtree National Forest. 495. Leases of lands for sanitariums or hotels. 496. Disposition of funds. 497. Use and occupation of lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational or public uses. 497a. Occupancy and use under permit of lands in Alaska for various purposes; period of permit; size of allotment; prohibitions; termination. 497b. Ski area permits. 497c. Ski area permit rental charge. 497d. Recreation residence fees. 498. Cooperative work agreements: disposal of moneys received; refund of excess; payment from appropriation; conflict of interest. 499. Disposal of money received by or on account of Forest Service; refund of excess and moneys erroneously collected; receipts from permits. 500. Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments. 501. Expenditures from receipts for roads and trails; cooperation with State authorities; evaluation of receipts. 501a. Omitted. 502. Rental of property for Forest Service; forage, care, and housing of animals; storage of vehicles and other equipment; pack stock; loss, damage, or destruction of horses, vehicles, and other equipment. 503, 503a. Repealed or Omitted. 504. Purchases of tree seeds, cones, forage plant seed, and nursery stock for national forests. 504a. Sale of forest-tree seed and nursery stock to States and political subdivisions; disposition of moneys; exchanges; limitation. 505. Use of national forests established on land reserved for purposes of national defense; maintenance available. 505a. Interchange of lands between Department of Agriculture and military departments of Department of Defense; report to Congress. 505b. Laws applicable. 506 to 508a. Repealed or Omitted. 508b. National forests in Minnesota; authority to prospect, develop, mine, remove, and utilize mineral resources. 509 to 510a. Repealed or Omitted. 511. Reinstatement of entries canceled or relinquished. 512 to 514. Omitted or Repealed. 515. Examination, location, and purchase of forested, cut-over, or denuded lands; consent of State legislature to acquisition of land by the United States. 516. Exchange of lands in the public interest; equal value; cutting and removing timber; publication of contemplated exchange. 517. Title to lands to be acquired. 517a. Payment of awards in condemnation proceedings. 518. Acquisition of lands not defeated by rights-of-way, easements, and reservations. 519. Agricultural lands included in tracts acquired; sale for homesteads. 519a. Transfer of forest reservation lands for military purposes. 520. Regulations as to mineral resources. 521. Lands acquired to be reserved, held, and administered as national forest lands; designation. 521a. Administration, management, and consolidation of certain lands. 521b. Report of Secretary of Agriculture prior to purchase or exchange of land; contents; waiting period. 521c. Definitions. 521d. Sale, exchange, or interchange of National Forest System land. 521e. Small parcels and road rights-of-way. 521f. Costs of conveyance and value of improvements. 521g. Road rights-of-way subject to State or local law. 521h. Regulations; contents. 521i. Unaffected lands. 522. Omitted. 523. Rights-of-way through national forests for power and communications facilities. 524. Rights-of-way for dams, reservoirs, or water plants for municipal, mining, and milling purposes. 525. Rights-of-way for wagon roads or railroads. 526. Establishment and protection of water rights. 527. Use of Forest Service funds for administration of certain lands. 528. Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose. 529. Authorization of development and administration consideration to relative values of resources; areas of wilderness. 530. Cooperation for purposes of development and administration with State and local governmental agencies and others. 531. Definitions. 532. Roads and trails system; Congressional findings and declaration of policy. 533. Grant of easements for road rights-of-way; authority of Secretary of Agriculture; regulations. 534. Termination and cancellation of easements; notice; hearing. 535. Forest development roads; acquisition, construction, and maintenance; maximum economy; methods of financing; cost arrangements for construction standards; transfer of unused effective purchaser credit for road construction. 535a. Forest development roads: prohibition on credits; inclusion of construction costs in notice of sale; special election by small business concerns; construction standards; authorization of harvesting; treatment of road value. 536. Recording of instruments; furnishing of instruments affecting public domain lands to Secretary of the Interior. 537. Maintenance and reconstruction by road users; funds for maintenance and reconstruction; availability of deposits until expended, transfer of funds, and refunds. 538. User fees fund for delayed payments to grantors. 539. Additions to existing national forests; administration. 539a. Mining and mineral leasing on certain national forest lands. 539b. Fisheries on national forest lands in Alaska. 539c. Cooperative fisheries planning; report to Congress. 539d. National forest timber utilization program. 539e. Reports. 539f. Nonprofit organization user of national forest lands. 539g. Kings River Special Management Area. 539h. Greer Spring Special Management Area. 539i. Fossil Ridge Recreation Management Area. 539j. Bowen Gulch Protection Area. 539k. Kelly Butte Special Management Area. 539l. Designation of James Peak Protection Area, Colorado. 539l-1. Inholdings. 539l-2. James Peak Fall River trailhead. 539l-3. Loop trail study; authorization. 539l-4. Other administrative provisions. 539l-5. Wilderness potential. 539m. Findings and purposes. 539m-1. Definitions. 539m-2. T'uf Shur Bien Preservation Trust Area. 539m-3. Pueblo rights and interests in the Area. 539m-4. Limitations on Pueblo rights and interests in the Area. 539m-5. Management of the Area. 539m-6. Jurisdiction over the Area. 539m-7. Subdivisions and other property interests. 539m-8. Extinguishment of claims. 539m-9. Construction. 539m-10. Judicial review. 539m-11. Provisions relating to contributions and land exchange. 539m-12. Authorization of appropriations. SUBCHAPTER II - SCENIC AREAS 541. Cascade Head Scenic-Research Area; establishment. 541a. Administration, protection, development, and regulation of use. 541b. Boundaries of scenic-research area; adjustments to subarea boundaries; development of management plan; establishment of subareas; management objectives. 541c. Extension of boundaries of Siuslaw National Forest; transfer of Federal property to Secretary. 541d. Acquisition of property within the scenic-research area; consent of owner; substantial change in use or maintenance of property. 541e. Availability of funds for acquisition of lands, etc., within added area. 541f. Withdrawal from location, entry and patent under mining laws; withdrawal from disposition under mineral leasing laws. 541g. Advisory council for scenic-research area; membership; designation of chairman; compensation; consultation by Secretary. 541h. Cooperation with State of Oregon in administration and protection of lands; civil and criminal jurisdiction; power of taxation. 542. Langmuir Research Site; establishment. 542a. Congressional findings. 542b. Administration, protection, and regulation of use. 542c. Land use agreement. 542d. Comprehensive management plan. 543. Mono Basin National Forest Scenic Area; establishment. 543a. Extension of National Forest boundary. 543b. Acquisition of lands. 543c. Administration. 543d. Ecological studies; reports to Congressional committees and to Chief of Forest Service; progress reports. 543e. Scenic Area Advisory Board. 543f. Traditional Native American uses. 543g. Authorization of appropriations. 543h. New spending authority. 544. Columbia River Gorge National Scenic Area; definitions. 544a. Purposes. 544b. Establishment of scenic area. 544c. Columbia River Gorge Commission. 544d. Scenic area management plan. 544e. Administration of scenic area. 544f. Administration of special management areas. 544g. Land acquisition. 544h. Interim management. 544i. Economic development. 544j. Old Columbia River Highway. 544k. Tributary rivers and streams. 544l. Implementation measures. 544m. Enforcement. 544n. Authorization of appropriations. 544o. Savings provisions. 544p. Severability. 545. Mount Pleasant National Scenic Area; purposes. 545a. Establishment of Mount Pleasant National Scenic Area. 545b. Opal Creek Wilderness and Scenic Recreation Area. 546. Establishment of Saint Helena Island National Scenic Area, Michigan. 546a. Boundaries. 546a-1. Administration and management. 546a-2. Fish and game. 546a-3. Minerals. 546a-4. Acquisition. 546a-5. Authorization of appropriations. -End- -CITE- 16 USC SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -End- -CITE- 16 USC Sec. 471 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471. Repealed. -MISC1- Sec. 471. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792. Section, acts Mar. 3, 1891, ch. 561, Sec. 24, 26 Stat. 1103; Mar. 4, 1907, ch. 2907, 34 Stat. 1271; June 25, 1910, ch. 421, Sec. 2, 36 Stat. 847; Aug. 24, 1912, ch. 369, 37 Stat. 497; June 7, 1924, ch. 348, Sec. 9 (first and fifth sentences), 43 Stat. 655, provided for establishment of national forests by the President, limited inclusion of lands in certain States, and authorized addition of lands suitable for production of timber. Act Mar. 4, 1907, cited above, was not repealed by Pub. L. 94- 579. EFFECTIVE DATE OF REPEAL Section 704(a) of Pub. L. 94-579 provided that this section is repealed effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands. -End- -CITE- 16 USC Sec. 471a 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471a. Forest reserves in New Mexico and Arizona restricted -STATUTE- No forest reservation shall be created, nor shall any additions be made to one created prior to June 15, 1926, within the limits of the States of New Mexico and Arizona except by Act of Congress. -SOURCE- (June 15, 1926, ch. 587, 44 Stat. 745.) -REFTEXT- REFERENCES IN TEXT Forest reservation, referred to in text, probably should be "national forest". See act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -End- -CITE- 16 USC Sec. 471b 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471b. Repealed. -MISC1- Sec. 471b. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792. Section, act July 20, 1939, ch. 334, Sec. 1, 53 Stat. 1071, authorized addition of lands within State of Montana to existing or inclusion within new national forests. EFFECTIVE DATE OF REPEAL Section 704(a) of Pub. L. 94-579 provided that this section is repealed effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands. -End- -CITE- 16 USC Sec. 471c 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471c. Lands in California set aside as reserved forest lands -STATUTE- The tracts of land in the State of California known and described as follows: Commencing at the northwest corner of township 2 north, range 19 east Mount Diablo meridian, thence eastwardly on the line between townships 2 and 3 north, ranges 24 and 25 east; thence southwardly on the line between ranges 24 and 25 east to the Mount Diablo base line; thence eastwardly on said base line to the corner to township 1 south, ranges 25 and 26 east; thence southwardly on the line between ranges 25 and 26 east to the southeast corner of township 2 south, range 25 east; thence eastwardly on the line between townships 2 and 3 south, range 26 east to the corner to townships 2 and 3 south, ranges 26 and 27 east; thence southwardly on the line between ranges 26 and 27 east to the first standard parallel south; thence westwardly on the first standard parallel south to the southwest corner of township 4 south, range 19 east; thence northwardly on the line between ranges 18 and 19 east to the northwest corner of township 2 south, range 19 east; thence westwardly on the line between townships 1 and 2 south to the southwest corner of township 1 south, range 19 east; thence northwardly on the line between ranges 18 and 19 east to the northwest corner of township 2 north, range 19 east, the place of beginning, are reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and set apart as reserved forest lands; and all persons who shall locate or settle upon, or occupy the same or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom. Nothing in this section and sections 55, 61, and 471d of this title shall be construed as in anywise affecting any bona fide entry of land made within the limits above described under any law of the United States prior to October 1, 1890. -SOURCE- (Oct. 1, 1890, ch. 1263, Sec. 1, 26 Stat. 650.) -COD- CODIFICATION Section was formerly set out as section 44 of this title. As originally enacted, this section contained two further provisions that "nothing in this act shall be construed as in any wise affecting the grant of lands made to the State of California by virtue of the act entitled 'An act authorizing a grant to the State of California of the Yosemite Valley, and of the land' embracing the Mariposa Big-Tree Grove, approved June thirtieth, eighteen hundred and sixty-four; or as affecting any bona-fide entry of land made within the limits above described under any law of the United States prior to the approval of this act." The first quoted provision was omitted from the Code because the land, granted to the state of California pursuant to the Act cited, was receded to the United States. Resolution June 11, 1906, No. 27, accepted the recession. -End- -CITE- 16 USC Sec. 471d 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471d. Additional forest reserves in California -STATUTE- There is reserved and withdrawn from settlement, occupancy or sale under the laws of the United States, and set apart as reserved forest lands, as provided in section 471c of this title, and subject to all the limitations and provisions therein contained, the following lands, to wit: Township 17 south, range 30 east of the Mount Diablo meridian, excepting sections 31, 32, 33, and 34 of said township, included in section 41 of this title. And there is also reserved and withdrawn from settlement, occupancy or sale under the laws of the United States, and set apart as forest lands, subject to like limitations, conditions, and provisions, all of townships 15 and 16 south, of ranges 29 and 30 east of the Mount Diablo meridian. And there is also reserved and withdrawn from settlement, occupancy or sale under the laws of the United States, and set apart as reserved forest lands under like limitations, restrictions, and provisions, sections 5 and 6 in township 14 south, range 28, east of Mount Diablo meridian, and also sections 31 and 32 of township 13 south, range 28 east of the same meridian. Nothing in this section or sections 55, 61, and 471c of this title, shall authorize rules or contracts touching the protection and improvement of said reservations, beyond the sums that may be received by the Secretary of the Interior under the foregoing provisions, or authorize any charge against the Treasury of the United States. -SOURCE- (Oct. 1, 1890, ch. 1263, Sec. 3, 26 Stat. 651.) -COD- CODIFICATION Section was formerly classified to section 45 of this title. -End- -CITE- 16 USC Sec. 471e 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471e. Extension of boundaries of Sequoia National Forest -STATUTE- Subject to existing valid claims, the boundaries of the Sequoia National Forest, California, be, and they are, extended to include the following described lands, which shall hereafter be subject to the laws, rules, and regulations relating to said national forest: Southwest quarter, southwest quarter section 7; section 16 and section 17; east half northeast quarter, southwest quarter, northeast quarter, southeast quarter, northwest quarter, east half southeast quarter section 18; east half northwest quarter, northwest quarter northwest quarter, northeast quarter section 20; northwest quarter northwest quarter section 21; and tract numbered 48 in the southeast quarter section 28, all in township 21 south, range 31 east, of the Mount Diablo meridian in California. -SOURCE- (Dec. 9, 1942, ch. 712, 56 Stat. 1044.) -End- -CITE- 16 USC Sec. 471f 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471f. Cradle of Forestry in America in Pisgah National Forest; establishment; statement of purposes; publication in Federal Register -STATUTE- In order to preserve, develop, and make available to this and future generations the birthplace of forestry and forestry education in America and to promote, demonstrate, and stimulate interest in and knowledge of the management of forest lands under principles of multiple use and sustained yield and the development and progress of management of forest lands in America, the Secretary of Agriculture is hereby authorized to establish the Cradle of Forestry in America in the Pisgah National Forest, North Carolina. As soon as possible after July 11, 1968, the Secretary of Agriculture shall publish notice of the designation thereof in the Federal Register together with a map showing the boundaries which shall be those shown on the map entitled "Cradle of Forestry in America" dated April 12, 1967, which shall be on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture. -SOURCE- (Pub. L. 90-398, Sec. 1, July 11, 1968, 82 Stat. 342.) -End- -CITE- 16 USC Sec. 471g 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471g. Administration, protection, and development; use of natural resources -STATUTE- The area designated as the Cradle of Forestry in America shall be administered, protected, and developed within and as a part of the Pisgah National Forest by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests in such manner as in his judgment will best provide for the purposes of sections 471f to 471h of this title and for such management, utilization, and disposal of the natural resources as in his judgment will promote or is compatible with and does not significantly impair the purposes for which the Cradle of Forestry in America is established. -SOURCE- (Pub. L. 90-398, Sec. 2, July 11, 1968, 82 Stat. 342.) -End- -CITE- 16 USC Sec. 471h 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471h. Cooperation with public and private agencies, organizations, and individuals; acceptance of contributions and gifts -STATUTE- The Secretary of Agriculture is hereby authorized to cooperate with and receive the cooperation of public and private agencies and organizations and individuals in the development, administration, and operation of the Cradle of Forestry in America. The Secretary of Agriculture is authorized to accept contributions and gifts to be used to further the purposes of sections 471f to 471h of this title. -SOURCE- (Pub. L. 90-398, Sec. 3, July 11, 1968, 82 Stat. 342.) -End- -CITE- 16 USC Sec. 471i 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471i. Pine Barrens Area, New Jersey -STATUTE- (a) Congressional findings The Congress finds that - (1) the Pinelands area in New Jersey, containing approximately 1,000,000 acres of pine-oak forest, extensive surface and ground water resources of high quality, and a wide diversity of rare plant and animal species, provides significant ecological, natural, cultural, recreational, educational, agricultural, and public health benefits; (2) there is a national interest in protecting and preserving these benefits for the residents of and visitors to the area; (3) a primary responsibility for protecting and enhancing these benefits resides with the State of New Jersey and the various local units of government having jurisdiction over the area; (4) in view of the longstanding Federal practice of assisting the States in creating, protecting, preserving, and enhancing areas of significant regional and urban importance, and in view of the national significance of this resource, the Federal Government has an interest in assisting the State of New Jersey and its local units of government in fulfilling their responsibilities and in avoiding adverse Federally approved or assisted impacts before these responsibilities can be undertaken; (5) the State of New Jersey and its local units of government have authority to prevent or minimize adverse uses of the land and water resources of the Pinelands area and can, to a great extent, protect the health, safety, and general welfare by the use of such authority; and (6) there is a demonstrated need to protect, preserve and enhance the land and water resources of the Pinelands area through a new program which combines the capabilities and resources of the local, State and Federal governments and the private sector and provides an alternative to large-scale direct Federal acquisition and management in cases where such acquisition and management is inappropriate. (b) Purposes The purposes of this section are - (1) to protect, preserve and enhance the significant values of the land and water resources of the Pinelands area; (2) to encourage and assist the State of New Jersey and its units of local government in the development of a comprehensive management plan for the Pinelands area in order to assure orderly public and private development in the area consistent with the findings of this section; (3) to provide, during the development of this comprehensive plan, Federal financial assistance for the acquisition of lands in the Pinelands area that have critical ecological values which are in immediate danger of being adversely affected or destroyed; (4) to encourage and assist the State and its units of local government in developing a governmental mechanism to implement this comprehensive plan, and to provide Federal financial assistance for the acquisition of lands consistent with the comprehensive plan; (5) to encourage adequate coordination of all government programs affecting the land and water resources of the Pinelands area. (c) Pinelands National Reserve and Federal Project Review Area; establishment; map, availability There is hereby established the Pinelands National Reserve which shall consist of the approximately 1,000,000-acre area generally depicted on the map entitled "Pinelands National Reserve Boundary Map" numbered NPS/80,011A and dated September 1978. Within the Pinelands National Reserve, there is hereby established the Federal Project Review Area, which shall consist of the approximately 486,000 acre area also depicted on the map. The map shall be on file and available for public inspection in the offices of the Department of the Interior in Washington, and in the offices of the State of New Jersey planning entity established pursuant to subsection (d) of this section, and in locations throughout the Pinelands National Reserve as determined by the planning entity. (d) State planning entity for development of comprehensive management plan; membership; representation of interests; assistance and grants to State Within thirty days after November 10, 1978, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall request the Governor of the State of New Jersey to establish, within ninety days of such request, a planning entity to develop a comprehensive management plan for the Pinelands National Reserve. In order to carry out the purposes of this section, such planning entity shall be composed of fifteen members to be appointed as follows: one member appointed by the Secretary; one member from each of the seven counties in the Pinelands National Reserve to be appointed by the respective governing bodies of each county; and seven members to be appointed by the Governor. The membership of the planning entity shall include residents of the Pinelands National Reserve who represent economic activities such as agriculture in the area, as well as residents of New Jersey who represent conservation interests. The Secretary shall provide technical assistance and grants to the State for the development of the plan or revisions thereof: Provided, That such grants shall not exceed 75 percent of the cost of developing the plan, shall be made only upon application of the Governor, on behalf of the planning entity, and shall be subject to such other conditions as the Secretary may deem appropriate to assure State and local interim protection of the area. (e) Planning entity consultations; public hearings During the development of the management plan, the planning entity shall: (1) consult with appropriate officials of any local government or State or Federal agency which has jurisdiction over lands and waters within the area; (2) consult with the officials of any local government which has jurisdiction over lands and waters within areas delineated in accordance with subsection (f)(2)(B) of this section; (3) consult with interested professional, scientific and citizen organizations; (4) consult with a citizens advisory committee which may be established by the Governor; and (5) conduct public hearings at places within the area, and at such other places as may be appropriate, for the purpose of providing interested persons with an opportunity to express their views with respect to matters covered by the management plan. (f) Comprehensive management plan; terms and provisions; resource assessment; boundary map, delineations; land use map and policy statement; coordination and consistency, public use, and financial components; programs; water implementation plan The comprehensive management plan for the Pinelands National Reserve shall include, but need not be limited to - (1) A resource assessment which: (A) determines the amount and type of human development and activity which the ecosystem can sustain while still maintaining the overall ecological values described in this section with special reference to (i) ground and surface water supply and quality; (ii) natural hazards, including fire; (iii) endangered, unique and unusual plants and animals and biotic communities; (iv) ecological factors relating to the protection and enhancement of blueberry and cranberry production and other agricultural activity; (v) air quality; and (vi) other appropriate considerations affecting the ecological integrity of the area; and (B) includes an assessment of scenic, aesthetic, cultural, open space, and outdoor recreation resources of the area together with a determination of overall policies required to maintain and enhance these resources. (2) A map showing the detailed boundary of the Pinelands National Reserve, such map to delineate: (A) major areas within the boundary which are of critical ecological importance; (B) major areas and resources adjacent to the boundary that have significance to the ecological integrity of the Pinelands National Reserve; and (C) areas of scenic, open space, cultural and recreational significance. (3) A land use capability map and a comprehensive statement of policies for land use management of the area which: (A) consider and detail the application of a variety of land and water protection and management techniques, including but not limited to, zoning and regulation derived from State and local police powers, development and use standards and permit systems, acquisition of conservation easements and other interests in land, public access agreements with private landowners, purchase of land for resale or lease-back, fee acquisition of public recreation sites and ecologically sensitive areas and any other method of land and water protection and management which will help meet the goals and carry out the policies of the management plan; (B) include a policy for the use of State and local police power responsibilities to the greatest extent practicable to regulate the use of land and water resources in a manner consistent with the purposes of this section; and (C) recognize existing economic activities within the area and provide for the protection and enhancement of such activities as farming, forestry, proprietary recreational facilities, and those indigenous industries and commercial and residential developments which are consistent with the findings and purposes of this section. (4) A coordination and consistency component which details the ways in which local, State and Federal programs and policies may best be coordinated to promote the goals and policies of the management plan, and which details how land, water and structures managed by governmental or nongovernmental entities in the public interest within the area may be integrated into the management plan. (5) A public use component including, among other items, a detailed program to educate the public concerning appropriate uses of the area. (6) A financial component, together with a cash flow timetable, which: (A) details the cost of implementing the management plan, including, but not limited to, payments in lieu of taxes, general administrative costs, and any anticipated extraordinary or continuing costs; and (B) details the sources of revenue for covering such costs, including, but not limited to, grants, donations and loans from local, State, and Federal departments and agencies, and from the private sector. (7) A program to provide for the maximum feasible local government and public participation in the management of the Pinelands National Reserve. (8) A program for State and local governmental implementation of the comprehensive management plan in a manner that will insure the continued, uniform, consistent protection of this area in accord with the purposes of this section. (9) In conjunction with existing State programs and planning processes, a plan to implement the provisions of the Clean Water Act [33 U.S.C. 1251 et seq.] and the Safe Drinking Water Act [42 U.S.C. 300f et seq.] which pertain to the surface and ground waters of the Pinelands National Reserve. (g) Comprehensive management plan and revisions; approval by Secretary; submission to Congress; approval considerations; disapproval and revision recommendations, notification; resubmission and consideration; Federal assistance, termination; modifications and revisions; reimbursement (1) The State of New Jersey, through the planning entity, shall adopt and submit to the Secretary a comprehensive management plan within eighteen months after the date that funds are first provided for its preparation under subsection (d) of this section. In the event the State fails to submit the plan within such time period, the Secretary may obtain reimbursement or offset from the State of all Federal funds previously granted under this section. The Secretary shall, within ninety days after the date the plan is submitted to him, either approve or disapprove the plan. Should the Secretary fail to act on the proposed plan within ninety days, the plan shall be regarded as approved. Upon approval, the Secretary shall submit the plan to the Congress for a period of ninety days prior to implementation. (2) In determining whether or not to approve the management plan, the Secretary shall consider whether: (A) the planning entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation and review of the plan, and whether such review and comment thereon were considered in the plan or revision as presented to him; (B) he has received adequate assurances from appropriate State officials that the recommended implementation program identified in the plan will be initiated within a reasonable time after the date of approval of the plan and such program will insure effective implementation of the State and local aspects of the plan; (C) provision is made for the participation of a Federal representative in the implementation program; (D) the plan requires the exercise of police power responsibilities to the greatest extent practicable to regulate the use of land and water resources in a manner consistent with the purposes of this section; (E) the plan, if implemented, would adequately protect the significant natural, ecological, agricultural, scenic, cultural and recreational resources of the Pinelands National Reserve and, consistent with such protection, provide adequate and appropriate outdoor recreational opportunities and economic activities within the area; (F) the plan provides for the Governor of the State of New Jersey to exercise effective and continuing oversight over its implementation; and (G) after consultation with the Secretary of Defense, the national defense mission of the military installations within, contiguous or adjacent to the Pinelands National Reserve has been adequately provided for. (3) If the Secretary disapproves the management plan or a revision thereof, he shall, within sixty days after the date of such disapproval, advise the planning entity in writing of the reasons therefor, together with his recommendations for revision. The State of New Jersey, through the planning entity shall, within one hundred and twenty days after receipt by the planning entity of notification of such disapproval, revise and resubmit the plan to the Secretary who shall approve or disapprove a proposed revision within sixty days after the date it is submitted to him. Should the Secretary fail to act on a proposed revision within sixty days, the revision shall be considered as approved. (4) The Secretary shall consider a plan revision in accordance with the procedure set forth in paragraph (2). Such revisions must be consistent with the purposes of this section. (5) In the event that the planning entity fails to obtain approval of the plan by the Secretary within thirty-six months after the date funds are first provided under subsection (d) of this section for development of the plan, the Secretary shall terminate all Federal assistance for and participation in the development of such plan, and may obtain reimbursement or offset from the State of New Jersey of all Federal funds previously granted under this section. (6) The Secretary shall provide technical assistance for and monitor at periodic intervals the implementation of the approved management plan. A local jurisdiction or the State shall obtain the approval of the Secretary prior to any modification of the approved plan. The Secretary shall consider a plan revision in accordance with the procedure set forth in paragraph (2). Such revisions must be consistent with the purposes of this section. Any jurisdiction that implements changes to the approved management plan, or adopts or acquiesces in changes to laws, regulations, or policies adopted to implement such plan, without approval of the Secretary, may be liable for reimbursement or offset of all Federal funds previously granted to it under this section without regard to such additional terms and conditions or other requirements of law that may be applicable to such grants. (h) Grants for State acquisition of property; Secretary's acquisition and administration of property; conveyance by Secretary, terms and conditions; State reimbursement; grant authorization and applications; limitation (1)(A) During the development of the management plan, the Secretary is authorized to make grants to the State of New Jersey for the acquisition of lands and waters or interests therein within the Pinelands National Reserve that he determines, in consultation with the State planning entity, have critical ecological values which are in immediate danger of being adversely affected or destroyed. (B) The grants authorized by subsection (h)(1)(A) of this section together with the grants made under paragraph (4) of this subsection, shall (i) be made in a manner consistent with the requirements of the Land and Water Conservation Fund Act [16 U.S.C. 460l-4 et seq.]; (ii) not exceed 75 percent of the total cost of all property acquired by the State pursuant to this subsection; (iii) be supplemental to any other Federal financial assistance for any other program; and (iv) be subject to such additional terms and conditions as the Secretary may deem necessary to effectuate the purposes of this section. (2) In the event the State elects not to make acquisitions as authorized under subsection (h)(1) of this section, the Secretary, during the development of the management plan, is authorized to acquire such lands, waters or interests therein by donation, purchase with donated or appropriated funds, exchange, or otherwise, and to administer such property under the laws generally applicable to units of the National Park System or National Wildlife Refuge System in a manner to carry out the purposes of this section. (3) After his approval of the management plan, the Secretary (A) is authorized to convey property acquired pursuant to subsection (h)(2) of this section to State or local authorities in accordance with the management plan, under such terms and conditions as he may deem appropriate, which shall include (i) a requirement that where the Secretary transfers land acquired with appropriated funds, the State or local government shall repay not less than 25 percent of the cost of such lands to the Secretary under such terms and conditions as he may deem appropriate, and (ii) a retention of a right of reversion of title to the United States, and (B) shall accept from the State those lands acquired pursuant to subsection (h)(1) of this section, which are identified in the management plan as being appropriate for Federal ownership and management: Provided, That the Secretary shall reimburse to the State such sums as are necessary to (i) cover 100 percent of the original cost of acquisition as to each parcel of land so transferred and (ii) assure that as to the remainder of lands acquired pursuant to subsection (h)(1) of this section not transferred under this subsection, the total Federal land acquisition cost does not exceed 75 percent of the purchase price of such lands. (4) Upon approval of the management plan, the Secretary is authorized to make grants for the acquisition within the Pinelands National Reserve of lands and waters or interests therein in a manner consistent with the management plan. All applications for such grants shall be made within ten years from the date of implementation of the management plan. (i) Applications for Federal construction assistance; review by planning entity; notifications; commencement of review process During the development of the management plan for the Pinelands National Reserve, all applications for Federal assistance under programs covered by Part I of OMB Circular A-95 and direct Federal actions covered by Part II of OMB Circular A-95 within the Federal Project Review Area generally depicted on the map referred to in subsection (c) of this section which involve the construction of housing, industrial parks, highways, or sewage or water treatment facilities shall be reviewed by the planning entity, upon receipt from the New Jersey State A-95 Clearinghouse (hereinafter referred to as the Clearinghouse). If the planning entity finds that such application or proposed action would have no adverse impact on the resources and ecological values of the Federal Project Review Area, the planning entity shall so notify the Clearinghouse. If the planning entity does not so find, Congress authorizes the planning entity to notify the Clearinghouse and other affected parties that such application or proposed action shall not proceed pending further review, and the planning entity shall forward such application or notice of proposed action to the Secretary. Any such application or proposed action which the Secretary determines would be significantly adverse to the purposes of this section shall not proceed while the management plan is being developed. The review process established under this subsection shall begin upon the appropriation of funds under subsection (k) of this section. (j) Federal action pursuant to Federal court or agency orders related to public health or safety, national security or defense, or environmental values unaffected Nothing in this section shall be construed to limit or prohibit any Federal action ordered by a court of competent jurisdiction or directed by a Federal agency as essential for the protection of public health or safety, for national security or defense, or for the maintenance of environmental values within the Pinelands National Reserve or the Federal Project Review Area. (k) Authorization of appropriations; sources for appropriations; acquisitions consistent with management plan (1) There is authorized to be appropriated not to exceed $26 million to carry out the provisions of this section. Not to exceed $3 million shall be available for planning: Provided, That any funds not used for planning shall be available for land acquisition; Provided further, That $23,000,000 shall be made available for land acquisition, as authorized by this section. Such appropriations may be made from the general fund of the Treasury or from revenues due and payable to the United States under the Outer Continental Shelf Lands Act, as amended [43 U.S.C. 1331 et seq.], which would otherwise be credited to miscellaneous receipts. (2) In addition to other funds authorized pursuant to this subsection, there are hereby authorized to be appropriated not to exceed $14,500,000 for land acquisition, the Federal share of which may not exceed 50 percent of the total cost. Land acquisition pursuant to this subsection shall be carried out in accordance with the requirements of subsection (h) of this section insofar as such requirements are not inconsistent with this paragraph. Such acquisitions shall also be carried out in a manner consistent with the management plan and shall include - (A) lands located within the preservation area of the National Reserve which is designated in the management plan; (B) lands that are within the areas protected by the management plan and that are threatened by adverse development or have critical ecological values; or (C) lands that have limited practical use because of their location in the Reserve and that are held by landowners who both own less than 50 acres in the Reserve and have exhausted existing remedies to secure relief. Additional funds contributed by the State to the Pinelands Development Bank after enactment of this Act, not to exceed $5,000,000, may be counted as part of the State share of land acquisition funds. (l) Pinelands interpretative and educational program; Interior Department study and recommendations (1) Study and recommendations for interpretative and educational program For the purpose of enhancing public understanding, awareness, and appreciation with respect to the natural and cultural resources of the Pine Barrens area of New Jersey, the Secretary shall, within 9 months after October 13, 1988, study and recommend appropriate initiatives to provide an educational and interpretative program for the Reserve. The Secretary shall conduct such study in consultation with the planning entity and the appropriate departments and agencies of the State of New Jersey. (2) Items included The study and recommendations required by this subsection shall include, but not be limited to each of the following: (A) Interpretative and informational materials, exhibits, films, lectures, and other devices and educational methods. (B) A plan to provide for educational and interpretative programs for the Reserve, considering among other things the improvement of existing facilities and interpretative programs in the Reserve, including the possible use of existing facilities such as Whitesbog, Batsto, Double Trouble State Park and Stockton State College. (C) The use and enhancement of existing fire towers in the Reserve to serve as observation platforms. (D) The appropriate role for departments and agencies of the State of New Jersey and the Federal Government in implementing the program. (3) Study of Development Credit Bank and Development Credit System The Secretary is authorized and directed to study the State of New Jersey Pinelands Development Credit Bank and Pinelands Development Credit System, and to submit to the Congress within 9 months after October 13, 1988, such recommendations as the Secretary determines appropriate for improvements of the operation of the State Pinelands Development Credit Bank and the overall Pinelands Development Credit Program. (4) Study of Municipal Council The Secretary shall study the Pinelands Municipal Council, and submit to the Congress within 9 months after October 13, 1988, such recommendations as the Secretary determines appropriate for improvements of the operation of the council. (5) Contracts and agreements The Secretary may enter into such contracts and agreements with the State of New Jersey and other public and private entities as may be necessary and appropriate to carry out the authorities and responsibilities of the Secretary under this subsection. For purposes of this subsection, there is authorized to be appropriated not more than $500,000 to prepare and complete the study pursuant to paragraph (1) and $3,000,000 to implement the recommendations of such study upon its approval by the Congress, the Federal share of which may not exceed 75 percent of the total cost. -SOURCE- (Pub. L. 95-625, title V, Sec. 502, Nov. 10, 1978, 92 Stat. 3492; Pub. L. 100-486, Oct. 13, 1988, 102 Stat. 2429.) -REFTEXT- REFERENCES IN TEXT The Clean Water Act, referred to in subsec. (f)(9), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Safe Drinking Water Act, referred to in subsec. (f)(9), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93- 523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. The Land and Water Conservation Fund Act, referred to in subsec. (h)(1)(B), probably means the Land and Water Conservation Fund Act of 1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 460l-4 of this title and Tables. The Outer Continental Shelf Lands Act, as amended, referred to in subsec. (k)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables. Enactment of this Act, referred to in subsec. (k)(2), probably means date of enactment of Pub. L. 100-486, which enacted subsec. (k)(2) of this section and which was approved Oct. 13, 1988. -MISC1- AMENDMENTS 1988 - Subsec. (k). Pub. L. 100-486, Sec. 2, designated existing provisions as par. (1) and added par. (2). Subsec. (l). Pub. L. 100-486, Sec. 1, added subsec. (l). -End- -CITE- 16 USC Sec. 471j 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 471j. Headwaters Forest and Elk River Property acquisition -STATUTE- (a) Authorization Subject to the terms and conditions of this section, up to $250,000,000 from the Land and Water Conservation Fund is authorized to be appropriated to acquire lands referenced in the Agreement of September 28, 1996, which consist of approximately 4,500 acres commonly referred to as the "Headwaters Forest", approximately 1,125 acres referred to as the "Elk Head Forest", and approximately 9,600 acres referred to as the "Elk River Property", which are located in Humboldt County, California. This section is the sole authorization for the acquisition of such property, which is the subject of the Agreement dated September 28, 1996 between the United States of America (hereinafter "United States"), the State of California, MAXXAM, Inc., and the Pacific Lumber Company. Of the entire Elk River Property, the United States and the State of California are to retain approximately 1,845 acres and transfer the remaining approximately 7,755 acres of Elk River Property to the Pacific Lumber Company. The property to be acquired and retained by the United States and the State of California is that property that is the subject of the Agreement of September 28, 1996 as generally depicted on maps labeled as sheets 1 through 7 of Township 3 and 4 North, Ranges 1 East and 1 West, of the Humboldt Meridian, California, titled "Dependent Resurvey and Tract Survey", as approved by Lance J. Bishop, Chief Cadastral Surveyor - California, on August 29, 1997. Such maps shall be on file in the Office of the Chief Cadastral Surveyor, Bureau of Land Management, Sacramento, California. The Secretary of the Interior is authorized to make such typographical and other corrections to this description as are mutually agreed upon by the parties to the Agreement of September 28, 1996. The land retained by the United States and the State of California (approximately 7,470 acres) shall hereafter be the "Headwaters Forest". Any funds appropriated by the Federal Government to acquire lands or interests in lands that enlarge the Headwaters Forest by more than five acres per each acquisition shall be subject to specific authorization enacted subsequent to this Act, except that such funds may be used pursuant to existing authorities to acquire such lands up to five acres per each acquisition or interests in lands that may be necessary for roadways to provide access to the Headwaters Forest. (b) Effective period of authorization The authorization in subsection (a) of this section expires March 1, 1999 and shall become effective only - (1) when the State of California provides a $130,000,000 contribution for the transaction; (2) when the State of California approves a Sustained Yield Plan covering Pacific Lumber Company timber property; (3) when the Pacific Lumber Company dismisses the following legal actions as evidenced by instruments in form and substance satisfactory to each of the parties to such legal actions: Pacific Lumber Co. v. United States, No. 96-257L (Fed. Cls.) and Salmon Creek Corp. v. California Board of Forestry, No. 96-CS- 1057 (Cal. Super. Ct.); (4) when the incidental take permit under section 10(a) of the Endangered Species Act [16 U.S.C. 1539(a)] (based upon a multispecies Habitat Conservation Plan covering Pacific Lumber Company timber property, including applicable portions of the Elk River Property) is issued by the United States Fish and Wildlife Service and the National Marine Fisheries Service; (5) after an appraisal of all lands and interests therein to be acquired by the United States has been undertaken, such appraisal has been reviewed for a period not to exceed 30 days by the Comptroller General of the United States, and such appraisal has been provided to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House and Senate; (6) after the Secretary of the Interior issues an opinion of value to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House and Senate for the land and property to be acquired by the Federal Government. Such opinion of value shall also include the total value of all compensation (including tax benefits) proposed to be provided for the acquisition; (7) after an Environmental Impact Statement for the proposed Habitat Conservation Plan has been prepared and completed in accordance with the applicable provisions of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]; and (8) when adequate provision has been made for public access to the property. (c) Acquisition Notwithstanding any other provision of law, the amount paid by the United States to acquire identified lands and interests in lands referred to in subsection (a) of this section may differ from the value contained in the appraisal required by subsection (b)(5) of this section if the Secretary of the Interior certifies, in writing, to Congress that such action is in the best interest of the United States. (d) Habitat conservation plan (1) Applicable standards Within 60 days after November 14, 1997, the Secretary of the Interior and the Secretary of Commerce shall report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives on the scientific and legal standards and criteria for threatened, endangered, and candidate species under the Endangered Species Act [16 U.S.C. 1531 et seq.] and any other species used to develop the habitat conservation plan (hereinafter "HCP") and the section 10(a) [16 U.S.C. 1539(a)] incidental take permit for the Pacific Lumber Company land. (2) Report If the Pacific Lumber Company submits an application for an incidental take permit under section 10(a) of the Endangered Species Act [16 U.S.C. 1539(a)] for the transaction authorized by subsection (a) of this section, and the permit is not issued, then the United States Fish and Wildlife Service and the National Marine Fisheries Service shall set forth the substantive rationale or rationales for why the measures proposed by the applicant for such permit did not meet the issuance criteria for the species at issue. Such report shall be submitted to the Congress within 60 days of the decision not to issue such permit or by May 1, 1999, whichever is earlier. (3) HCP standards If a section 10(a) permit for the Pacific Lumber Company HCP is issued, it shall be deemed to be unique to the circumstances associated with the acquisition authorized by this section and shall not establish a higher or lesser standard for any other multispecies HCPs than would otherwise be established under existing law. (e) Payment to Humboldt County Within 30 days of the acquisition of the Headwaters Forest, the Secretary of the Interior shall provide a $10,000,000 direct payment to Humboldt County, California. (f) Payment in lieu of taxes The Federal portion of the Headwaters Forest acquired pursuant to this section shall be entitlement land under section 6905 of title 31. (g) Out-year budget limitations The following funding limitations and parameters shall apply to the Headwaters Forest acquired under subsection (a) of this section - (1) At least 50 percent of the total funds for management of such lands above the annual level of $100,000 shall (with the exception of law enforcement activities and emergency activities) be from non-Federal sources. (2) Subject to appropriations, the authorized annual Federal funding for management of such land is $300,000 (with the exception of law enforcement activities and emergency activities). (3) The Secretary of the Interior or the Headwaters Forest Management Trust referenced in subsection (h) of this section is authorized to accept and use donations of funds and personal property from the State of California, private individuals, and other nongovernmental entities for the purpose of management of the Headwaters Forest. (h) Headwaters Forest Management Trust The Secretary of the Interior is authorized, with the written concurrence of the Governor of the State of California, to establish a Headwaters Forest Management Trust ("Trust") for the management of the Headwaters Forest as follows: (1) Management authority The Secretary of the Interior is authorized to vest management authority and responsibility in the Trust composed of a board of five trustees each appointed for terms of three years. Two trustees shall be appointed by the Governor of the State of California. Three trustees shall be appointed by the President of the United States. The first group of trustees shall be appointed within 60 days of exercising the authority under this subsection and the terms of the trustees shall begin on such day. The Secretary of the Interior, the Secretary of Resources of the State of California, and the Chairman of the Humboldt County Board of Supervisors shall be nonvoting, ex officio members of the board of trustees. The Secretary is authorized to make grants to the Trust for the management of the Headwaters Forest from amounts authorized and appropriated. (2) Operations The Trust shall have the power to develop and implement the management plan for the Headwaters Forest. (i) Management plan (1) In general A concise management plan for the Headwaters Forest shall be developed and periodically amended as necessary by the Secretary of the Interior in consultation with the State of California (and in the case that the authority provided in subsection (h) of this section is exercised, the trustees shall develop and periodically amend the management plan), and shall meet the following requirements: (A) Management goals for the plan shall be to conserve and study the land, fish, wildlife, and forests occurring on such land while providing public recreation opportunities and other management needs. (B) Before a management structure and management plan are adopted for such land, the Secretary of the Interior or the board of trustees, as the case may be, shall submit a proposal for the structure and plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The proposed management plan shall not become effective until the passage of 90 days after its submission to the Committees. (C) The Secretary of the Interior or the board of trustees, as the case may be, shall report annually to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the House and Senate Committees on Appropriations concerning the management of lands acquired under the authority of this section and activities undertaken on such lands. (2) Plan The management plan shall guide general management of the Headwaters Forest. Such plan shall address the following management issues - (A) scientific research on forests, fish, wildlife, and other such activities that will be fostered and permitted on the Headwaters Forest; (B) providing recreation opportunities on the Headwaters Forest; (C) access to the Headwaters Forest; (D) construction of minimal necessary facilities within the Headwaters Forest so as to maintain the ecological integrity of the Headwaters Forest; (E) other management needs; and (F) an annual budget for the management of the Headwaters Forest, which shall include a projected revenue schedule (such as fees for research and recreation) and projected expenses. (3) Compliance The National Environmental Policy Act [42 U.S.C. 4321 et seq.] shall apply to the development and implementation of the management plan. (j) Cooperative management (1) The Secretary of the Interior may enter into agreements with the State of California for the cooperative management of any of the following: Headwaters Forest, Redwood National Park, and proximate State lands. The purpose of such agreements is to acquire from and provide to the State of California goods and services to be used by the Secretary and the State of California in cooperative management of lands if the Secretary determines that appropriations for that purpose are available and an agreement is in the best interests of the United States; and (2) an assignment arranged by the Secretary under section 3372 of title 5 of a Federal or State employee for work in any Federal or State of California lands, or an extension of such assignment, may be for any period of time determined by the Secretary or the State of California, as appropriate, to be mutually beneficial. -SOURCE- (Pub. L. 105-83, title V, Sec. 501, Nov. 14, 1997, 111 Stat. 1610.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 105-83, Nov. 14, 1997, 111 Stat. 1543, known as the Department of the Interior and Related Agencies Appropriations Act, 1998. For complete classification of this Act to the Code, see Tables. The National Environmental Policy Act of 1969, referred to in subsecs. (b)(7) and (i)(3), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Endangered Species Act, referred to in subsec. (d)(1), probably means the Endangered Species Act of 1973, Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (Sec. 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. -MISC1- TIMING OF ACQUISITIONS Section 504 of title V of Pub. L. 105-83 provided that: "The acquisitions authorized by sections 501 [16 U.S.C. 471j] and 502 [111 Stat. 1614] of this title may not occur prior to the earlier of: (1) 180 days after enactment of this Act [Nov. 14, 1997]; or (2) enactment of separate authorizing legislation that modifies section 501, 502, or 503 [111 Stat. 1616] of this title. Within 120 days of enactment, the Secretary of the Interior and the Secretary of Agriculture, respectively, shall submit to the Committee on Resources of the House of Representatives, the Senate Committee on Energy and Natural Resources and the House and Senate Committees on Appropriations, reports detailing the status of efforts to meet the conditions set forth in this title imposed on the acquisition of the interests to protect and preserve the Headwaters Forest and the acquisition of interests to protect and preserve Yellowstone National Park. For every day beyond 120 days after the enactment of this Act that the appraisals required in subsections [sic] 501(b)(5) and 502(b)(2) are not provided to the Committee on Resources of the House, the Committee on Energy and Natural Resources of the Senate and the House and Senate Committees on Appropriations in accordance with such subsections, the 180-day period referenced in this section shall be extended by one day." -End- -CITE- 16 USC Sec. 472 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 472. Laws affecting national forest lands -STATUTE- The Secretary of the Department of Agriculture shall execute or cause to be executed all laws affecting public lands reserved under the provisions of section 471 (!1) of this title, or sections 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 patenting of any of such lands. -SOURCE- (Feb. 1, 1905, ch. 288, Sec. 1, 33 Stat. 628.) -REFTEXT- REFERENCES IN TEXT Section 471 of this title, referred to in text, was in the original a reference to section 24 of act Mar. 3, 1891, ch. 561, 26 Stat. 1103, and was repealed by Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792. -COD- CODIFICATION Words "subject to the provisions for national forests established under subdivision (b) of section 471 of this title," which had been inserted by the original codifiers of the 1926 ed. of the Code, have been omitted because of the repeal of section 471 of this title by Pub. L. 94-579. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 16 USC Sec. 472a 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 472a. Timber sales on National Forest System lands -STATUTE- (a) Authorization; rules and regulations; appraised value as minimum sale price For the purpose of achieving the policies set forth in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 476) [16 U.S.C. 1600 et seq.], the Secretary of Agriculture, under such rules and regulations as he may prescribe, may sell, at not less than appraised value, trees, portions of trees, or forest products located on National Forest System lands. (b) Designation on map; prospectus All advertised timber sales shall be designated on maps, and a prospectus shall be available to the public and interested potential bidders. (c) Terms and conditions of contract The length and other terms of the contract shall be designed to promote orderly harvesting consistent with the principles set out in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended [16 U.S.C. 1604]. Unless there is a finding by the Secretary of Agriculture that better utilization of the various forest resources (consistent with the provisions of the Multiple-Use Sustained-Yield Act of 1960 [16 U.S.C. 528-531]) will result, sales contracts shall be for a period not to exceed ten years: Provided, That such period may be adjusted at the discretion of the Secretary to provide additional time due to time delays caused by an act of an agent of the United States or by other circumstances beyond the control of the purchaser. The Secretary shall require the purchaser to file as soon as practicable after execution of a contract for any advertised sale with a term of two years or more, a plan of operation, which shall be subject to concurrence by the Secretary. The Secretary shall not extend any contract period with an original term of two years or more unless he finds (A) that the purchaser has diligently performed in accordance with an approved plan of operation or (B) that the substantial overriding public interest justifies the extension. (d) Advertisement of sales; exceptions The Secretary of Agriculture shall advertise all sales unless he determines that extraordinary conditions exist, as defined by regulation, or that the appraised value of the sale is less than $10,000. If, upon proper offering, no satisfactory bid is received for a sale, or the bidder fails to complete the purchase, the sale may be offered and sold without further advertisement. (e) Bidding methods; purposes; oral auction procedures; monitoring and enforcement for prevention of collusive practices (1) In the sale of trees, portions of trees, or forest products from National Forest System lands (hereinafter referred to in this subsection as "national forest materials"), the Secretary of Agriculture shall select the bidding method or methods which - (A) insure open and fair competition; (B) insure that the Federal Government receive not less than the appraised value as required by subsection (a) of this section; (C) consider the economic stability of communities whose economies are dependent on such national forest materials, or achieve such other objectives as the Secretary deems necessary; and (D) are consistent with the objectives of this Act and other Federal statutes. The Secretary shall select or alter the bidding method or methods as he determines necessary to achieve the objectives stated in clauses (A), (B), (C), and (D) of this paragraph. (2) In those instances when the Secretary selects oral auction as the bidding method for the sale of any national forest materials, he shall require that all prospective purchasers submit written sealed qualifying bids. Only prospective purchasers whose written sealed qualifying bids are equal to or in excess of the appraised value of such national forest materials may participate in the oral bidding process. (3) The Secretary shall monitor bidding patterns involved in the sale of national forest materials. If the Secretary has a reasonable belief that collusive bidding practices may be occurring, then - (A) he shall report any such instances of possible collusive bidding or suspected collusive bidding practices to the Attorney General of the United States with any and all supporting data; (B) he may alter the bidding methods used within the affected area; and (C) he shall take such other action as he deems necessary to eliminate such practices within the affected area. (f) Research and demonstration projects The Secretary of Agriculture, under such rules and regulations as he may prescribe, is authorized to dispose of, by sale or otherwise, trees, portions of trees, or other forest products related to research and demonstration projects. (g) Designation, marking, and supervision of harvesting; personnel Designation, marking when necessary, and supervision of harvesting of trees, portions of trees, or forest products shall be conducted by persons employed by the Secretary of Agriculture. Such persons shall have no personal interest in the purchase or harvest of such products and shall not be directly or indirectly in the employment of the purchaser thereof. (h) Utilization standards, methods of measurement, and harvesting practices; monetary deposits by purchasers of salvage harvests; nature, purposes and availability of designated fund; return of surplus to Treasury The Secretary of Agriculture shall develop utilization standards, methods of measurement, and harvesting practices for the removal of trees, portions of trees, or forest products to provide for the optimum practical use of the wood material. Such standards, methods, and practices shall reflect consideration of opportunities to promote more effective wood utilization, regional conditions, and species characteristics and shall be compatible with multiple use resource management objectives in the affected area. To accomplish the purpose of this subsection in situations involving salvage of insect-infested, dead, damaged, or down timber, and to remove associated trees for stand improvement, the Secretary is authorized to require the purchasers of such timber to make monetary deposits, as a part of the payment for the timber, to be deposited in a designated fund from which sums are to be used, to cover the cost to the United States for design, engineering, and supervision of the construction of needed roads and the cost for Forest Service sale preparation and supervision of the harvesting of such timber. Deposits of money pursuant to this subsection are to be available until expended to cover the cost to the United States of accomplishing the purposes for which deposited: Provided, That such deposits shall not be considered as moneys received from the national forests within the meaning of sections 500 and 501 of this title: And provided further, That sums found to be in excess of the cost of accomplishing the purposes for which deposited on any national forest shall be transferred to miscellaneous receipts in the Treasury of the United States. (i) Purchaser credit for permanent road construction; right of election of small business concerns; estimated cost; date of completion; use of funds for construction; effective date (1) For sales of timber which include a provision for purchaser credit for construction of permanent roads with an estimated cost in excess of $20,000, the Secretary of Agriculture shall promulgate regulations requiring that the notice of sale afford timber purchasers qualifying as "small business concerns" under the Small Business Act, as amended [15 U.S.C. 631 et seq.], and the regulations issued thereunder, an estimate of the cost and the right, when submitting a bid, to elect that the Secretary build the proposed road. (2) If the purchaser makes such an election, the price subsequently paid for the timber shall include all of the estimated cost of the road. In the notice of sale, the Secretary of Agriculture shall set a date when such road shall be completed which shall be applicable to either construction by the purchaser or the Secretary, depending on the election. To accomplish requested work, the Secretary is authorized to use from any receipts from the sale of timber a sum equal to the estimate for timber purchaser credits, and such additional sums as may be appropriated for the construction of roads, such funds to be available until expended, to construct a road that meets the standards specified in the notice of sale. (3) The provisions of this subsection shall become effective on October 1, 1976. -SOURCE- (Pub. L. 94-588, Sec. 14, Oct. 22, 1976, 90 Stat. 2958; Pub. L. 95- 233, Feb. 20, 1978, 92 Stat. 32; Pub. L. 101-626, title I, Sec. 105(a), Nov. 28, 1990, 104 Stat. 4427.) -REFTEXT- REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, referred to in subsecs. (a) and (c), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended, which is classified generally to sections 528 to 531 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 528 of this title and Tables. The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (a), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476, as amended, which is classified generally to subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables. This Act, referred to in subsec. (e)(1)(D), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended, known as the National Forest Management Act of 1976. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables. The Small Business Act, referred to in subsec. (i)(1), is Pub. L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. -MISC1- AMENDMENTS 1990 - Subsec. (i)(1). Pub. L. 101-626 struck out proviso that this subsec. not apply to sales of timber on National Forest System lands in the State of Alaska. 1978 - Subsec. (e). Pub. L. 95-233 substituted provisions authorizing the Secretary of Agriculture to select bidding method or methods to achieve the purposes of par. (1) of this subsec., procedures for use of oral auction as the bidding method, and procedures for monitoring and enforcement to prevent collusive practices, for provisions authorizing the Secretary to take such action as deemed necessary to prevent collusive practices, and setting forth requirements for enforcement. APPLICATION OF AMENDMENTS BY PUB. L. 101-626 TO CERTAIN LONG-TERM TIMBER SALE CONTRACTS Amendment by Pub. L. 101-626 not applicable to certain long-term timber sale contracts, see section 105(c) of Pub. L. 101-626, set out as a note under section 539d of this title. USE OF RECEIPTS FROM TIMBER SALES FOR ROAD CONSTRUCTION Pub. L. 99-500, Sec. 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783-242, 1783-271, and Pub. L. 99-591, Sec. 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341-242, 3341-271, provided that: "Notwithstanding any other provision of law, the Secretary of Agriculture is hereafter authorized to use from any receipts from the sale of timber a sum equal to the cost of construction of roads under the purchaser election program as described and authorized in section 14(i) of the National Forest Management Act of 1976 [16 U.S.C. 472a(i)]." -End- -CITE- 16 USC Sec. 473 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 473. Revocation, modification, or vacation of orders or proclamations establishing national forests -STATUTE- The President of the United States is authorized and empowered to revoke, modify, or suspend any and all Executive orders and proclamations or any part thereof issued under section 471 (!1) of this title, from time to time as he shall deem best for the public interests. By such modification he may reduce the area or change the boundary lines or may vacate altogether any order creating a national forest. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 34, 36.) -REFTEXT- REFERENCES IN TEXT Section 471 of this title, referred to in text, was repealed by Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792. -COD- CODIFICATION The two sentences of this section are from provisions in section 1 of the Sundry Civil Appropriation Act for the fiscal year 1898, act June 4, 1897. The first sentence is a portion of the third paragraph and was prefaced by the words "To remove any doubt which may exist pertaining to the authority of the President thereunto." Other provisions of the same paragraph have been omitted as temporary. The second sentence is a portion of the seventh paragraph the whole of which reads as follows: "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." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 16 USC Sec. 474 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 474. Surveys; plats and field notes; maps; effect under Act June 4, 1897 -STATUTE- Surveys, field notes, and plats returned from the survey of public lands designated as national forests undertaken under the supervision of the Director of the United States Geological Survey in accordance with provisions of Act June 4, 1897, chapter 2, section 1. Thirtieth Statutes, page 34, shall have the same legal force and effect as surveys, field notes, and plats returned through the Field Surveying Service; and such surveys, which include subdivision surveys under the rectangular system, approved by the Secretary of the Interior or such officer as he may designate as in other cases, and properly certified copies thereof shall be filed in the respective land offices of the districts in which such lands are situated, as in other cases. All laws inconsistent with the provisions hereof are declared inoperative as respects such survey. A copy of every topographic map and other maps showing the distribution of the forests, together with such field notes as may be taken relating thereto, shall be certified thereto by the Director of the Survey and filed in the Bureau of Land Management. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 34; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000.) -REFTEXT- REFERENCES IN TEXT Act June 4, 1897, chapter 2, section 1, referred to in text, is act June 4, 1897, ch. 2, 30 Stat. 34. For classification of this Act to the Code, see Tables. -CHANGE- CHANGE OF NAME "United States Geological Survey" substituted in text for "Geological Survey" pursuant to provision of title I of Pub. L. 102- 154, set out as a note under section 31 of Title 43, Public Lands. -TRANS- TRANSFER OF FUNCTIONS "Field Surveying Service" substituted in text for "office of surveyors-general" by act Mar. 3, 1925. Subsequently, the Service was abolished and its functions transferred to Secretary of the Interior by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees. "Secretary of the Interior or such officer as he may designate" substituted in text for "Commissioner of the General Land Office" on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5. "Bureau of Land Management" substituted for "General Land Office" on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5. The "General Land Office" was abolished by Reorg. Plan No. 3 of 1946 with its functions consolidated with that of the Grazing Service to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5. -End- -CITE- 16 USC Sec. 475 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 475. Purposes for which national forests may be established and administered -STATUTE- All public lands designated and reserved prior to June 4, 1897, by the President of the United States under the provisions of section 471 (!1) of this title, 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 section, shall be as far as practicable controlled and administered in accordance with the following provisions. No national forest shall be established, except to improve and protect the forest within the boundaries, 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 said section, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 34.) -REFTEXT- REFERENCES IN TEXT Section 471 of this title, referred to in text, was repealed by Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792. -COD- CODIFICATION "National forests" and "national forest" substituted in text for "public forest reserves" and "public forest reservation", respectively, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 16 USC Sec. 476 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 476. Repealed. -MISC1- Sec. 476. Repealed. Pub. L. 94-588, Sec. 13, Oct. 22, 1976, 90 Stat. 2958. Section, acts June 4, 1897, ch. 2, Sec. 1, 30 Stat. 35; June 9, 1900, ch. 804, 31 Stat. 661; Feb. 1, 1905, ch. 288, Sec. 1, 33 Stat. 628; June 30, 1906, ch. 3913, 34 Stat. 684; Mar. 3, 1925, ch. 457, Sec. 3, 43 Stat. 1132; May 27, 1952, ch. 337, 66 Stat. 95, authorized the Secretary of Agriculture to sell timber from national forests. See section 472a of this title. VALIDATION OF TIMBER SALES CONTRACTS Section 15 of Pub. L. 94-588 provided that: "(a) Timber sales made pursuant to the Act of June 4, 1897 (30 Stat. 35, as amended; 16 U.S.C. 476), prior to the date of enactment of this section [Oct. 22, 1976] shall not be invalid if the timber was sold in accord with Forest Service silvicultural practices and sales procedures in effect at the time of the sale, subject to the provisions of subsection (b) of this section. "(b) The Secretary of Agriculture is directed, in developing five- year operating plans under the provisions of existing fifty-year timber sales contracts in Alaska, to revise such contracts to make them consistent with the guidelines and standards provided for in the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended [16 U.S.C. 1600 et seq.], and to reflect such revisions in the contract price of timber. Any such action shall not be inconsistent with valid contract rights approved by the final judgment of a court of competent jurisdiction." -End- -CITE- 16 USC Sec. 477 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 477. Use of timber and stone by settlers -STATUTE- 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. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 35; Feb. 1, 1905, ch. 288, Sec. 1, 33 Stat. 628.) -COD- CODIFICATION "National forests" substituted in text for "reservations" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with provisions of sections 473, 474 to 482, and 551 of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. Act Feb. 1, 1905 transferred certain functions with regard to administration of public forests from Secretary of the Interior to Secretary of Agriculture. -End- -CITE- 16 USC Sec. 478 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 478. Egress or ingress of actual settlers; prospecting -STATUTE- Nothing in sections 473 to 478, 479 to 482 and 551 of this title shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of 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 Agriculture. Nor shall anything in such sections 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. Such persons must comply with the rules and regulations covering such national forests. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36; Feb. 1, 1905, ch. 288, Sec. 1, 33 Stat. 628.) -COD- CODIFICATION "National forests" substituted in text for "reservations" and "forest reservations" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with provisions of sections 473, 474 to 482, and 551 of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. Act Feb. 1, 1905, transferred certain functions with regard to administration of public forests from Secretary of the Interior to Secretary of Agriculture. -End- -CITE- 16 USC Sec. 478a 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 478a. Townsites -STATUTE- When the Secretary of Agriculture determines that a tract of National Forest System land in Alaska or in the eleven contiguous Western States is located adjacent to or contiguous to an established community, and that transfer of such land would serve indigenous community objectives that outweigh the public objectives and values which would be served by maintaining such tract in Federal ownership, he may, upon application, set aside and designate as a townsite an area of not to exceed six hundred and forty acres of National Forest System land for any one application. After public notice, and satisfactory showing of need therefor by any county, city, or other local governmental subdivision, the Secretary may offer such area for sale to a governmental subdivision at a price not less than the fair market value thereof: Provided, however, That the Secretary may condition conveyances of townsites upon the enactment, maintenance, and enforcement of a valid ordinance which assures any land so conveyed will be controlled by the governmental subdivision so that use of the area will not interfere with the protection, management, and development of adjacent or contiguous National Forest System lands. -SOURCE- (Pub. L. 85-569, July 31, 1958, 72 Stat. 438; Pub. L. 94-579, title II, Sec. 213, Oct. 21, 1976, 90 Stat. 2760.) -COD- CODIFICATION Section is also set out as section 1012a of Title 7, Agriculture. -MISC1- AMENDMENTS 1976 - Pub. L. 94-579 substituted provisions setting forth the procedures applicable to designation of townsites of tracts of National Forest System lands in Alaska or the eleven contiguous Western States for provisions setting forth the procedures applicable to designation of townsites from any national forest lands or lands administered by the Secretary of Agriculture under the Bankhead-Jones Farm Tenant Act. SAVINGS PROVISION Amendment by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands. -End- -CITE- 16 USC Sec. 479 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 479. Sites for schools and churches -STATUTE- 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. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36.) -COD- CODIFICATION "National forests" substituted in text for "forest reservations", and "national forest" substituted for "reservation" and "forest reservation" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -End- -CITE- 16 USC Sec. 479a 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 479a. Conveyance of National Forest System lands for educational purposes -STATUTE- (a) Authority to convey Upon written application, the Secretary of Agriculture may convey National Forest System lands to a public school district for use for educational purposes if the Secretary determines that - (1) the public school district seeking the conveyance will use the conveyed land for a public or publicly funded elementary or secondary school, to provide grounds or facilities related to such a school, or for both purposes; (2) the conveyance will serve the public interest; (3) the land to be conveyed is not otherwise needed for the purposes of the National Forest System; (4) the total acreage to be conveyed does not exceed the amount reasonably necessary for the proposed use; (5) the land is to be used for an established or proposed project that is described in detail in the application to the Secretary, and the conveyance would serve public objectives (either locally or at large) that outweigh the objectives and values which would be served by maintaining such land in Federal ownership; (6) the applicant is financially and otherwise capable of implementing the proposed project; (7) the land to be conveyed has been identified for disposal in an applicable land and resource management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); and (8) an opportunity for public participation in a disposal under this section has been provided, including at least one public hearing or meeting, to provide for public comments. (b) Acreage limitation A conveyance under this section may not exceed 80 acres. However, this limitation shall not be construed to preclude an entity from submitting a subsequent application under this section for an additional land conveyance if the entity can demonstrate to the Secretary a need for additional land. (c) Costs and mineral rights (1) A conveyance under this section shall be for a nominal cost. The conveyance may not include the transfer of mineral or water rights. (2) If necessary, the exact acreage and legal description of the real property conveyed under this section shall be determined by a survey satisfactory to the Secretary and the applicant. The cost of the survey shall be borne by the applicant. (d) Review of applications When the Secretary receives an application under this section, the Secretary shall - (1) before the end of the 14-day period beginning on the date of the receipt of the application, provide notice of that receipt to the applicant; and (2) before the end of the 120-day period beginning on that date - (A) make a final determination whether or not to convey land pursuant to the application, and notify the applicant of that determination; or (B) submit written notice to the applicant containing the reasons why a final determination has not been made. (e) Reversionary interest If, at any time after lands are conveyed pursuant to this section, the entity to whom the lands were conveyed attempts to transfer title to or control over the lands to another or the lands are devoted to a use other than the use for which the lands were conveyed, title to the lands shall revert to the United States. -SOURCE- (Pub. L. 106-577, title II, Sec. 202, Dec. 28, 2000, 114 Stat. 3070.) -REFTEXT- REFERENCES IN TEXT The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (a)(7), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476, as amended, which is classified generally to subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables. This section, referred to in subsec. (c)(2), was in the original "this title", meaning title II of Pub. L. 106-577, Dec. 28, 2000, 114 Stat. 3070, which enacted this section and provisions set out as a note under this section. For complete classification of title II to the Code, see Short Title note below and Tables. -MISC1- SHORT TITLE Pub. L. 106-577, title II, Sec. 201, Dec. 28, 2000, 114 Stat. 3070, provided that: "This title [enacting this section] may be cited as the 'Education Land Grant Act'." -End- -CITE- 16 USC Sec. 480 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 480. Civil and criminal jurisdiction -STATUTE- 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. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36; Mar. 1, 1911, ch. 186, Sec. 12, 36 Stat. 963.) -COD- CODIFICATION Provisions substantially in the language of this section are contained in section 12 of act Mar. 1, 1911, applicable to national forest lands acquired on the recommendation of the National Forest Reservation Commission under sections 500, 515 to 519, 521, 552 and 563 of this title. "National forests" and "national forest" substituted in text for "forest reservations" and "reservation", respectively, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -End- -CITE- 16 USC Sec. 481 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 481. Use of waters -STATUTE- 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. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36.) -COD- CODIFICATION "National forests" substituted in text for "reservations" and "forest reservations" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -End- -CITE- 16 USC Sec. 482 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 2 - NATIONAL FORESTS SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION -HEAD- Sec. 482. Mineral lands; restoration to public domain; location and entry -STATUTE- Upon the recommendation of the Secretary of the Interior, 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 the Interior, 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 United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry, notwithstanding any provisions contained in sections 473 to 478, 479 to 482 and 551 of this title. -SOURCE- (June 4, 1897, ch. 2, Sec. 1, 30 Stat. 36.) -REFTEXT- REFERENCES IN TEXT The United States mining laws, referred to in text, are classified generally to Title 30, Mineral Lands and Mining. -COD- CODIFICATION "National forest" substituted in text for "forest reservation" twice and "reservation" once, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with provisions of sections 473, 474 to 482, and 551 of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred