16 U.S.C. § 559c — Powers of officers and employees of For-

Page 1060 TITLE 16—CONSERVATION § 559a ests’’ and ‘‘or national park’’ after ‘‘jurisdiction the forest’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judi- cial Procedure. Previously, ‘‘United States magistrate’’ substituted for ‘‘United States commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. § 559a. Reward for information leading to arrest and conviction for violating laws and regula- tions The Secretary of Agriculture may pay rewards from appropriations available for the protection and management of the national forests, under such regulations as he may prescribe, for infor- mation leading to the arrest and conviction for violation of the laws and regulations relating to fires in or near national forests, or for the un- lawful taking of, or injury to, Government prop- erty. (Sept. 21, 1944, ch. 412, title II, § 201, 58 Stat. 736.) Editorial Notes CODIFICATION Section was enacted as a part of the Department of Agriculture Organic Act of 1944. § 559b. Prevention of manufacture, etc., of mari- juana and other controlled substances (a) Purpose The purpose of sections 559b to 559f of this title is to authorize the Secretary of Agriculture (hereinafter in sections 559b to 559f of this title referred to as the ‘‘Secretary’’) to take actions necessary, in connection with the administra- tion and use of the National Forest System, to prevent the manufacture, distribution, or dis- pensing of marijuana and other controlled sub- stances. (b) Law enforcement authority Nothing in sections 559b to 559f of this title shall diminish in any way the law enforcement authority of the Forest Service. (c) Definitions As used in sections 559b to 559f of this title, the terms ‘‘manufacture’’, ‘‘dispense’’, and ‘‘dis- tribute’’ shall have the same meaning given such terms in section 802 of title 21. (Pub. L. 99–570, title XV, § 15002, Oct. 27, 1986, 100 Stat. 3207–191.) Editorial Notes REFERENCES IN TEXT Sections 559b to 559f of this title, referred to in text, was in the original ‘‘this title’’, meaning title XV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–191, known as the National Forest System Drug Control Act of 1986, which enacted sections 559b to 559f of this title, amend- ed section 841 of Title 21, Food and Drugs, and enacted provisions set out as a note below. For complete classi- fication of title XV to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–570, title XV, § 15001, Oct. 27, 1986, 100 Stat. 3207–191, provided that: ‘‘This title [enacting this sec- tion and sections 559c to 559f of this title and amending section 841 of Title 21, Food and Drugs] may be cited as the ‘National Forest System Drug Control Act of 1986’.’’ NATIONAL FOREST SYSTEM, NATIONAL PARK SYSTEM, AND BUREAU OF LAND MANAGEMENT PUBLIC LANDS SAFETY; FINDINGS Pub. L. 100–690, title VI, § 6254(a), Nov. 18, 1988, 102 Stat. 4363, provided that: ‘‘Congress finds that— ‘‘(1) National Forest System lands continue to be a haven for the unlawful production of marijuana and other controlled substances, which— ‘‘(A) endangers the public in its use of National Forest System lands; ‘‘(B) interferes with the ability of the Forest Service to effectively manage the natural resources and activities within the National Forest System; and ‘‘(C) causes damage and destruction of the nat- ural resources and facilities managed by the Forest Service; ‘‘(2) the unlawful production of marijuana and other controlled substances often— ‘‘(A) is generally harmful to the environment and public health and safety; ‘‘(B) pollutes the air, soil, and water; and ‘‘(C) is harmful to wildlife; ‘‘(3) the Forest Service needs additional authority to adequately deal with the problem of controlled substance production that affects the administration of the National Forest System; ‘‘(4) the Forest Service needs to be able to exercise its investigative authorities outside the boundaries of the National Forest System for drug-related crimes arising from within the National Forest System in order to be effective in deterring such crime; ‘‘(5) the authority and powers of the Forest Service are not intended to be in conflict or interfere with the statutory authority, powers, or responsibilities of any State or political subdivision thereof; and ‘‘(6) the Forest Service, in the exercise of its law enforcement powers, should cooperate to every extent possible with any other Federal, State, or local law enforcement authority having jurisdiction in areas where national forests are located, particularly where coordinated investigative and enforcement actions can be effective to control crime which affects mul- tiple agencies.’’ § 559c. Powers of officers and employees of For- est Service For the purposes of sections 559b to 559f of this title, if specifically designated by the Secretary and specially trained, not to exceed 1,000 special agents and law enforcement officers of the For- est Service when in the performance of their du- ties shall have authority to— (1) carry firearms; (2) conduct, within the exterior boundaries of the National Forest System, investigations of violations of and enforce section 841 of title 21 and other criminal violations relating to marijuana and other controlled substances that are manufactured, distributed, or dis- pensed on National Forest System lands and to conduct such investigations and enforce- ment of such laws outside the exterior bound- aries of the National Forest System for of- fenses committed within the National Forest System or which affect the administration of Page 1061 TITLE 16—CONSERVATION § 559e 1 So in original. 1 So in original. The period probably should be a semicolon. the National Forest System (including the pursuit of persons suspected of such offenses who flee the National Forest System to avoid arrest); (3) make arrests with a warrant or process for misdemeanor violations, or without a war- rant or process for violations of such mis- demeanors that any such officer or employee has probable cause to believe are being com- mitted in his presence or view, or for a felony with a warrant or without a warrant if he has probable cause to believe that the person to be arrested has committed or is committing such felony, for offenses committed within the Na- tional Forest System or which affect the ad- ministration of the National Forest System;; 1 (4) serve warrants and other process issued by a court or officer of competent jurisdiction; (5) search with or without warrant or proc- ess any person, place, or conveyance according to Federal law or rule of law; and (6) seize with or without warrant or process any evidentiary item according to Federal law or rule of law. (Pub. L. 99–570, title XV, § 15003, Oct. 27, 1986, 100 Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(b), Nov. 18, 1988, 102 Stat. 4363.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690, § 6254(b)(1), in introductory pro- vision substituted ‘‘1,000 special agents and law en- forcement officers’’ for ‘‘500 officers and employees’’, and struck out ‘‘within the boundaries of the National Forest System’’ after ‘‘shall have authority’’. Par. (2). Pub. L. 100–690, § 6254(b)(2), inserted ‘‘, within the exterior boundaries of the National Forest Sys- tem,’’ after ‘‘conduct’’ and ‘‘and to conduct such inves- tigations and enforcement of such laws outside the ex- terior boundaries of the National Forest System for of- fenses committed within the National Forest System or which affect the administration of the National For- est System (including the pursuit of persons suspected of such offenses who flee the National Forest System to avoid arrest)’’ before semicolon at end. Par. (3). Pub. L. 100–690, § 6254(b)(3), inserted ‘‘, for of- fenses committed within the National Forest System or which affect the administration of the National For- est System;’’ before semicolon at end. § 559d. Cooperation with other Federal, State, and local law enforcement agencies For the purposes of sections 559b to 559f of this title, in exercising the authority provided by section 559c of this title— (1) the Forest Service shall cooperate with any other Federal law enforcement agency having primary investigative jurisdiction over the offense committed; (2) the Secretary may authorize the Forest Service to cooperate with the law enforcement officials of any Federal agency, State, or polit- ical subdivision in the investigation of viola- tions of and enforcement of section 401 of the Controlled Substances Act (21 U.S.C. 841), other laws and regulations relating to mari- juana and other controlled substances, and State drug control laws or ordinances for of- fenses committed within the National Forest System or which affect the administration of the National Forest System.1 (3) the Forest Service shall cooperate with the Attorney General in carrying out the sei- zure and forfeiture provisions of section 511 of the Controlled Substances Act (21 U.S.C. 881) for violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] relating to offenses committed within the National Forest Sys- tem, or which affect the administration of the National Forest System; (4) the Secretary is authorized to designate law enforcement officers of any other Federal agency, when the Secretary determines such designation to be economical and in the public interest, and with the concurrence of that agency, to exercise the powers and authorities of the Forest Service while assisting the For- est Service in the National Forest System, or for activities administered by the Forest Serv- ice; and (5) the Forest Service is authorized to accept law enforcement designation from any other Federal agency or agency of a State or polit- ical subdivision thereof for the purpose of co- operating in a multi-agency law enforcement task force investigation of violations of the Controlled Substances Act [21 U.S.C. 801 et seq.] and other offenses committed in the course of or in connection with such viola- tions. (Pub. L. 99–570, title XV, § 15004, Oct. 27, 1986, 100 Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(c), Nov. 18, 1988, 102 Stat. 4364.) Editorial Notes REFERENCES IN TEXT The Controlled Substances Act, referred to in pars. (3) and (5), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. AMENDMENTS 1988—Par. (2). Pub. L. 100–690, § 6254(c)(2), substituted ‘‘for offenses committed within the National Forest System or which affect the administration of the Na- tional Forest System’’ for ‘‘, within the boundaries of the National Forest System’’. Pars. (3) to (5). Pub. L. 100–690, § 6254(c)(3), added pars. (3) to (5). § 559e. Forest Service authorization In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on lands ad- ministered by the Forest Service, from amounts appropriated there shall be made available to the Secretary, in addition to sums made avail- able under other authority of law, $10,000,000 for fiscal year 1989, and for each fiscal year there- after, to be used for employment and training of additional and existing Forest Service law en- forcement personnel, for expenses related to such employment, training, equipment, and fa- cilities, and for cooperative programs with State and local law enforcement agencies.