16 U.S.C. § 497 — Use and occupation of lands for hotels, re-

Page 943 TITLE 16—CONSERVATION § 497 support ponderosa pine, sugar pine, or giant sequoia trees, shall result in the reversion of all right, title, and interest in such lands to the United States. Any such lands which revert to the United States shall be incorporated into the Stanislaus National Forest and managed to preserve and protect the stands of pon- derosa pine, sugar pine, and giant sequoia trees lo- cated on such lands. ‘‘(5) The Secretary, acting through the Forest Serv- ice, shall be afforded by appropriate officials of the State of California reasonable opportunities to col- lect seeds from trees located on such lands for sci- entific or silvicultural purposes. ‘‘(6) The Secretary, upon prior notification to the State of California, shall be entitled at any time to enter upon such lands for the purpose of monitoring the management of such lands and the compliance of the State of California with the provisions of this subsection. ‘‘(7) The conveyance shall be subject to the fol- lowing reservations or exceptions: ‘‘(A) existing ditches and canals as authorized by the Act of August 30, 1890 (43 U.S.C. 945); and ‘‘(B) any existing rights-of-way to provide the United States and its assigns access to federally owned lands. ‘‘(d) ENFORCEMENT.—Upon the request of the Sec- retary, the Attorney General shall bring any action or take any other steps necessary to enforce the provi- sions of subsection (c) of this section. ‘‘(e) TIMING, VALUE, AND STATUS.—(1) Conveyance of lands to the State of California pursuant to this Act shall occur when the agreement described in paragraph (1) of subsection (c) has been reached. The restrictions and conditions specified in paragraphs (2), (3), (4), (5), (6), and (7) of subsection (c) shall be included in the in- struments of conveyance of lands to the State of Cali- fornia. ‘‘(2) Effective upon the conveyance to the State of California of lands described in subsection (a) of this section, or two years after the date of enactment of this Act [Oct. 17, 1990], whichever is sooner, the Na- tional Forest designation of such lands shall terminate. Any such lands not conveyed to the State of California shall thereupon be incorporated into the Stanislaus Na- tional Forest and managed to preserve and protect the stands of ponderosa pine, sugar pine, and giant sequoia trees located on such lands. ‘‘(3) Any lands conveyed to the United States pursu- ant to this Act shall be deemed national forest lands and managed according to the laws governing the man- agement of the National Forest System. If any such lands are outside existing boundaries of one or more National Forests, the Secretary shall modify such boundaries as he deems appropriate to include such lands. ‘‘(4) Values of the respective lands exchanged between the United States and the State of California pursuant to this Act shall be of ‘approximately equal value’ as that term is defined by regulations implementing the Act of January 12, 1983, known as the Small Tracts Act (16 U.S.C. 521c–521i).’’ § 495. Leases of lands for sanitariums or hotels The Secretary of Agriculture is authorized, under such rules and regulations as he from time to time may make, to rent or lease to re- sponsible persons or corporations applying therefor suitable spaces and portions of ground near, or adjacent to, mineral, medicinal, or other springs, within any national forest estab- lished within the United States, or hereafter to be established, and where the public is accus- tomed or desires to frequent, for health or pleas- ure, for the purpose of erecting upon such leased ground sanitariums or hotels, to be opened for the reception of the public. And he is further au- thorized to make such regulations, for the con- venience of people visiting such springs, with reference to spaces and locations, for the erec- tion of tents or temporary dwelling houses to be erected or constructed for the use of those vis- iting such springs for health or pleasure. And the Secretary of Agriculture is authorized to prescribe the terms and duration and the com- pensation to be paid for the privileges granted under the provisions of this section. (Feb. 28, 1899, ch. 221, § 1, 30 Stat. 908; Feb. 1, 1905, ch. 288, § 1, 33 Stat. 628.) Editorial Notes CODIFICATION ‘‘National forest’’ substituted in text for ‘‘forest re- serves’’ on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Act Feb. 1, 1905 transferred certain functions with re- gard to administration of national forests from Sec- retary of the Interior to Secretary of Agriculture. § 496. Disposition of funds All funds arising from the privileges granted under section 495 of this title shall be covered into the Treasury of the United States as pro- vided by law. (Feb. 28, 1899, ch. 221, § 2, 30 Stat. 908; Mar. 4, 1907, ch. 2907, 34 Stat. 1270.) Editorial Notes CODIFICATION As enacted by act Feb. 28, 1899, section provided that the funds be ‘‘covered into the Treasury of the United States as a special fund, to be expended in the care of public forest reservations’’. Section was affected by act Mar. 4, 1907, which pro- vides that all revenue from the national forests shall be covered into the Treasury as a miscellaneous receipt. § 497. Use and occupation of lands for hotels, re- sorts, summer homes, stores, and facilities for industrial, commercial, educational or public uses The Secretary of Agriculture is authorized, under such regulations as he may make and upon such terms and conditions as he may deem proper, (a) to permit the use and occupancy of suitable areas of land within the national for- ests, not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining hotels, resorts, and any other structures or facilities necessary or desirable for recreation, public convenience, or safety; (b) to permit the use and occupancy of suitable areas of land within the national for- ests, not exceeding five acres and for periods not exceeding thirty years, for the purpose of con- structing or maintaining summer homes and stores; (c) to permit the use and occupancy of suitable areas of land within the national forest, not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of con- structing or maintaining buildings, structures, and facilities for industrial or commercial pur- Page 944 TITLE 16—CONSERVATION § 497a poses whenever such use is related to or con- sistent with other uses on the national forests; (d) to permit any State or political subdivision thereof, or any public or nonprofit agency, to use and occupy suitable areas of land within the national forests not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining any buildings, structures, or facilities necessary or desirable for education or for any public use or in connection with any public activity. The au- thority provided by this section shall be exer- cised in such manner as not to preclude the gen- eral public from full enjoyment of the natural, scenic, recreational, and other aspects of the na- tional forests. (Mar. 4, 1915, ch. 144, 38 Stat. 1101; July 28, 1956, ch. 771, 70 Stat. 708.) Editorial Notes AMENDMENTS 1956—Act July 28, 1956, increased maximum area of land for each purpose for which permits may be granted from not more than 5 acres to not more than 80 acres, and authorized permits for facilities for public safety, for buildings, structures, and facilities for industrial or commercial purposes whenever such purposes are re- lated to or consistent with other use of the national forests, and for facilities to be used by public or non- profit agencies for education or public use or in connec- tion with any public activity. Statutory Notes and Related Subsidiaries ENHANCING FOREST SERVICE ADMINISTRATION OF RIGHTS-OF-WAY AND LAND USES Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 331], Nov. 29, 1999, 113 Stat. 1535, 1501A–196, as amended, formerly set out as a note under this section, was transferred to section 497e of this title. § 497a. Occupancy and use under permit of lands in Alaska for various purposes; period of per- mit; size of allotment; prohibitions; termi- nation The Secretary of Agriculture, in conformity with regulations prescribed by him, may permit the use and occupancy of national-forest lands in Alaska for purposes of residence, recreation, public convenience, education, industry, agri- culture, and commerce, not incompatible with the best use and management of the national forests, for such periods as may be warranted but not exceeding thirty years and of such areas as may be necessary but not exceeding eighty acres, and after such permits have been issued and so long as they continue in full force and ef- fect the lands therein described shall not be sub- ject to location, entry, or appropriation, under the public land laws or mining laws, or to dis- position under the mineral leasing laws: Pro- vided, That nothing contained in this section shall prevent the said Secretary from canceling, revoking, or otherwise terminating a permit so issued upon proof of a breach of its terms and conditions or for other just cause. (Mar. 30, 1948, ch. 162, 62 Stat. 100.) Editorial Notes CODIFICATION Section was formerly classified to section 341 of Title 48, Territories and Insular Possessions. § 497b. Ski area permits (a) Law applicable to permits The provisions of the Act of March 4, 1915 (16 U.S.C. 497) notwithstanding, the term and acre- age of permits for the operation of ski areas and associated facilities on National Forest System lands shall on and after October 22, 1986, be gov- erned by this section and other applicable law. (b) Authority The Secretary of Agriculture (hereinafter re- ferred to as ‘‘the Secretary’’) is authorized to issue permits (hereinafter referred to as ‘‘ski area permits’’) for the use and occupancy of suitable lands within the National Forest Sys- tem for skiing and other snow sports and rec- reational uses authorized by this section. A ski area permit— (1) may be issued for a term not to exceed 40 years; (2) shall ordinarily be issued for a term of 40 years (unless the Secretary determines that the facilities or operations are of a scale or na- ture as are not likely to require long-term fi- nancing or operation), or that there are public policy reasons specific to a particular permit for a shorter term; (3) shall encompass such acreage as the Sec- retary determines sufficient and appropriate to accommodate the permittee’s needs for ski operations and appropriate ancillary facilities; (4) may be renewed at the discretion of the Secretary; (5) may be cancelled by the Secretary in whole or in part for any violation of the per- mit terms or conditions, for nonpayment of permit fees, or upon the determination by the Secretary in his planning for the uses of the national forests that the permitted area is needed for higher public purposes; (6) may be modified from time to time by the Secretary to accommodate changes in plans or operations in accordance with the provisions of applicable law; (7) shall be subject to such reasonable terms and conditions as the Secretary deems appro- priate; and (8) shall be subject to a permit fee based on fair market value in accordance with applica- ble law. (c) Other recreational uses (1) Authority of Secretary Subject to the terms of a ski area permit issued pursuant to subsection (b), the Sec- retary may authorize a ski area permittee to provide such other seasonal or year-round nat- ural resource-based recreational activities and associated facilities (in addition to skiing and other snow-sports) on National Forest System land subject to a ski area permit as the Sec- retary determines to be appropriate. (2) Requirements Each activity and facility authorized by the Secretary under paragraph (1) shall— (A) encourage outdoor recreation and en- joyment of nature; (B) to the extent practicable— (i) harmonize with the natural environ- ment of the National Forest System land