16 U.S.C. § 474 — Surveys; plats and field notes; maps; effect

Page 926 TITLE 16—CONSERVATION § 473 1 See References in Text note below. ‘‘(B) under a timber sale contract, including a qualifying contract, before the date on which the Secretary adjusts the contract term under sub- section (c). ‘‘(2) RELEASE OF LIABILITY.—In the written request for any option provided under subsections (b) and (c), a timber purchaser shall release the United States from all liability, including further consideration or compensation, resulting from— ‘‘(A) the cancellation of a qualifying contract of the purchaser or rate redetermination under sub- section (b)(1), the substitution of a Producer Price Index under subsection (b)(2), the modification of the contract under subsection (b)(3) or a determina- tion by the Secretary not to provide the cancella- tion, redetermination, substitution, or modifica- tion; or ‘‘(B) the modification of the term of a timber sale contract (including a qualifying contract) of the purchaser under subsection (c) or a determination by the Secretary not to provide the modification. ‘‘(3) LIMITATION.—Subject to subsection (b)(1)(A), the cancellation of a qualifying contract by the Sec- retary under subsection (b)(1) shall release the timber purchaser from further obligation under the canceled contract.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] USE OF RECEIPTS FROM TIMBER SALES FOR ROAD CONSTRUCTION Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–271, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–271, provided that: ‘‘Notwithstanding any other provision of law, the Sec- retary 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)].’’ § 473. Revocation, modification, or vacation of or- ders or proclamations establishing national forests The President of the United States is author- ized and empowered to revoke, modify, or sus- pend any and all Executive orders and proclama- tions 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. (June 4, 1897, ch. 2, § 1, 30 Stat. 34, 36.) Editorial Notes REFERENCES IN TEXT Section 471 of this title, referred to in text, was re- pealed by Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792. 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 para- graph the whole of which reads as follows: ‘‘The Presi- dent 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 bound- ary lines of such reserve, or may vacate altogether any order creating such reserve.’’ Statutory Notes and Related Subsidiaries SHORT TITLE Certain provisions of act June 4, 1897, ch. 2, 30 Stat. 34, under the headings ‘‘UNDER THE DEPARTMENT OF THE INTERIOR.’’ and ‘‘SURVEYING THE PUBLIC LANDS.’’, which enacted sections 473 to 478, 479 to 482, and 551 of this title, are popularly known as the Organic Administra- tion Act. § 474. Surveys; plats and field notes; maps; effect under Act June 4, 1897 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 ef- fect 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 re- spective 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 Direc- tor of the Survey and filed in the Bureau of Land Management. (June 4, 1897, ch. 2, § 1, 30 Stat. 34; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.) Editorial Notes 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 classifica- tion of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Field Surveying Service’’ substituted in text for ‘‘of- fice of surveyors-general’’ by act Mar. 3, 1925. Subse- quently, the Service was abolished and its functions transferred to Secretary of the Interior by Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. Page 927 TITLE 16—CONSERVATION § 477 1 See References in Text note below. 1100, set out in the Appendix to Title 5, Government Or- ganization 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 ‘‘Gen- eral 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 Graz- ing Service to form a new agency in the Department of the Interior to be known as the Bureau of Land Man- agement. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5. § 475. Purposes for which national forests may be established and administered 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 re- main in full force and effect, unsuspended and unrevoked, and all public lands that may here- after be set aside and reserved as national for- ests under said section, shall be as far as prac- ticable controlled and administered in accord- ance 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 sup- ply of timber for the use and necessities of citi- zens of the United States; but it is not the pur- pose or intent of these provisions, or of said sec- tion, to authorize the inclusion therein of lands more valuable for the mineral therein, or for ag- ricultural purposes, than for forest purposes. (June 4, 1897, ch. 2, § 1, 30 Stat. 34.) Editorial Notes REFERENCES IN TEXT Section 471 of this title, referred to in text, was re- pealed by Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792. 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. § 476. Repealed. Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat. 2958 Section, acts June 4, 1897, ch. 2, § 1, 30 Stat. 35; June 9, 1900, ch. 804, 31 Stat. 661; Feb. 1, 1905, ch. 288, § 1, 33 Stat. 628; June 30, 1906, ch. 3913, 34 Stat. 684; Mar. 3, 1925, ch. 457, § 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. Statutory Notes and Related Subsidiaries VALIDATION OF TIMBER SALES CONTRACTS Pub. L. 94–588, § 15, Oct. 22, 1976, 90 Stat. 2960, 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 de- veloping 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.’’ § 477. Use of timber and stone by settlers The Secretary of Agriculture may permit, under regulations to be prescribed by him, the use of timber and stone found upon national for- ests, free of charge, by bona fide settlers, min- ers, residents, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and other domestic purposes, as may be needed by such persons for such pur- poses; such timber to be used within the State or Territory, respectively, where such national forests may be located. (June 4, 1897, ch. 2, § 1, 30 Stat. 35; Feb. 1, 1905, ch. 288, § 1, 33 Stat. 628.) Editorial Notes CODIFICATION ‘‘National forests’’ substituted in text for ‘‘reserva- tions’’ 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 public forests from Secretary of the Interior to Secretary of Agriculture. Executive Documents 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 Depart- ment, 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 nat- ural gas transferred to Federal Inspector, Office of Fed- eral Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial oper- ation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 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 Organiza- tion and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector trans- ferred 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 Sec- retary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.