16 U.S.C. § 494 — Calaveras Bigtree National Forest

Page 941 TITLE 16—CONSERVATION § 494 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, Government Organization and Employees. § 489. Repealed. Pub. L. 87–869, § 5, Oct. 23, 1962, 76 Stat. 1157 Section, act Aug. 10, 1912, ch. 284, 37 Stat. 287, related to sale of mature, dead, and down timber. § 490. Deposits from timber purchasers to defray cost of disposing of debris Purchasers of national-forest timber may be required by the Secretary of Agriculture to de- posit the estimated cost to the United States of disposing of brush and other debris resulting from their cutting operations, such deposits to be covered into the Treasury and constitute a special fund, which is appropriated and shall re- main available until expended: Provided, That any deposits in excess of the amount expended for disposals shall be transferred to miscella- neous receipts, forest-reserve fund, to be cred- ited to the receipts of the year in which such transfer is made. (Aug. 11, 1916, ch. 313, 39 Stat. 462; Apr. 24, 1950, ch. 97, § 6, 64 Stat. 84.) Editorial Notes AMENDMENTS 1950—Act Apr. 24, 1950, covered excess deposits into miscellaneous receipts instead of returning them to the depositors as was formerly the practice. § 491. Omitted Editorial Notes CODIFICATION Section, act May 11, 1926, ch. 286, 44 Stat. 512, which authorized Secretary of Agriculture to permit expor- tation of timber and other products from State or Ter- ritory when cut or removed from national forests situ- ated therein, was from Department of Agriculture Ap- propriation Act, 1927, and was not repeated in subse- quent appropriations. See section 616 of this title. Simi- lar provisions were contained in the following prior ap- propriation acts: Feb. 10, 1925, ch. 200, 43 Stat. 834. June 5, 1924, ch. 266, 43 Stat. 443. Feb. 26, 1923, ch. 119, 42 Stat. 1302. May 11, 1922, ch. 185, 42 Stat. 519. Mar. 3, 1921, ch. 127, 41 Stat. 1326. May 31, 1920, ch. 217, 41 Stat. 706. July 24, 1919, ch. 26, 41 Stat. 248. Oct. 1, 1918, ch. 178, 40 Stat. 985. Mar. 4, 1917, ch. 179, 39 Stat. 1145. § 492. Earth, stone, and timber for Departments of the Army and Navy, and Government works in Alaska On and after March 4, 1915 the Secretary of Ag- riculture, under regulations to be prescribed by him, is authorized to permit the Navy Depart- ment to take from the national forests such earth, stone, and timber for the use of the Navy as may be compatible with the administration of the national forests for the purposes for which they are established, and also in the same man- ner to permit the taking of earth, stone, and timber from the national forests for the con- struction of Government railways and other Government works in Alaska. He is authorized also to permit the Department of the Army to take earth, stone, and timber from the national forests for use in the construction of river and harbor and other works in charge of that depart- ment, subject to such regulations and restric- tions as he may prescribe. (Mar. 4, 1915, ch. 144, 38 Stat. 1100; Mar. 3, 1925, ch. 467, § 13, 43 Stat. 1197; May 29, 1928, ch. 901, § 1(98), 45 Stat. 993; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION The first sentence of this section is from act Mar. 4, 1915, and the last sentence is from act Mar. 3, 1925. AMENDMENTS 1928—Act May 29, 1928, struck out provision which re- quired the Secretary of Agriculture to submit with his annual estimates a report of the quantity and market value of earth, stone, and timber furnished. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. § 493. Omitted Editorial Notes CODIFICATION Section, act May 11, 1926, ch. 286, 44 Stat. 514, which authorized the Secretary of Agriculture to furnish young trees free from the Nebraska National Forest to homestead settlers, was from the Department of Agri- culture Appropriation Act, 1927, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Feb. 10, 1925, ch. 200, 43 Stat. 835. June 5, 1924, ch. 266, 43 Stat. 445. Feb. 26, 1923, ch. 119, 42 Stat. 1304. May 11, 1922, ch. 185, 42 Stat. 520. The Nebraska National Forest, Niobrara division, was redesignated the Samuel R. McKelvie National Forest by Pub. L. 92–142, Oct. 15, 1971, 85 Stat. 393. § 494. Calaveras Bigtree National Forest The Secretary of Agriculture, to secure and protect for all time the big trees scientifically known as Sequoia washingtoniana, is empow- ered, in his discretion, to obtain for the United States the complete title to any or all of the fol- lowing-described lands in the State of Cali- fornia: In township 4 north, range 15 east, Mount Diablo meridian, the northeast quarter of sec- tion 1; in township 4 north, range 16 east, Mount Diablo meridian, the north half of section 6; in township 5 north, range 15 east, Mount Diablo meridian, the southwest quarter of section 14, south half of section 15, north half of section 22, Page 942 TITLE 16—CONSERVATION § 494 northwest quarter of section 23, and southeast quarter of section 36, and in township 5 north, range 16 east, Mount Diablo meridian, the west half of section 28, the east half and southwest quarter of section 29, the southeast quarter of section 30, all of sections 31, 32, and the north- west quarter of section 33. And such area or areas, as fast as complete title is acquired, shall be permanently held by the United States and shall be known as the Calaveras Bigtree Na- tional Forest and shall be administered, and protected, by the Secretary of Agriculture from the funds appropriated for the administration of National Forest land to prolong the existence, growth, and promote the reproduction of said big trees. The owners of land acquired hereunder shall convey to the United States full title to any of the above-described areas approved for said national forest by the Secretary of Agri- culture, the completeness of such title to be de- termined by the Secretary of the Interior in each case, and shall be reimbursed therefor only in one or both of the following ways: (1) They may be given the right to file with the Sec- retary of the Interior, within sixty days after such conveyance, selections of surveyed, unap- propriated, nonmineral public lands or of non- mineral national forest lands, and if the lands so selected shall be found subject to selection and of the actual value in lands and stumpage sub- stantially equal to that of the lands and stump- age conveyed they may be patented to said own- ers in lieu of the conveyed lands. In any case where any part of the lands selected is national forest land, the approval of the Secretary of Ag- riculture shall first be secured with respect to such part, or (2) the Secretary of Agriculture may grant to any such conveying owner the right to cut from national forest land an amount of timber and wood substantially equal to the amount of timber and wood on the land acquired by the United States under the provisions of this section. (Feb. 18, 1909, ch. 143, 35 Stat. 626; May 7, 1912, ch. 105, § 1, 37 Stat. 108.) Editorial Notes CODIFICATION A proviso of the section as originally enacted ‘‘That nothing contained in this Act shall warrant an appro- priation from the Treasury to carry out the terms of this Act,’’ was superseded by the appropriation of a sum for the purposes of the Act by section 2 of act May 7, 1912. AMENDMENTS 1912—Act May 7, 1912, changed provisions of original act as to modes of reimbursement of owners of lands taken. Statutory Notes and Related Subsidiaries TRANSFER OF LANDS IN CALAVERAS BIG TREES NATIONAL FOREST TO STATE OF CALIFORNIA Pub. L. 101–436, Oct. 17, 1990, 104 Stat. 993, provided that: ‘‘SECTION 1. FINDINGS AND PURPOSE. ‘‘(a) FINDINGS.—The Congress finds and declares that— ‘‘(1) in order to protect certain outstanding exam- ples of ponderosa pine, sugar pine, and giant sequoia trees located in the North and South Calaveras Groves, on the western slope of the Sierra Nevada Mountains, the State of California has established the Calaveras Big Trees State Park; ‘‘(2) for similar purposes, the United States has des- ignated certain adjacent Federal lands, amounting to approximately 379 acres, as the Calaveras Big Trees National Forest; and ‘‘(3) this National Forest (managed as part of the Stanislaus National Forest) is the smallest National Forest in the United States and could be more appro- priately and efficiently managed as part of the Calaveras Big Trees State Park. ‘‘(b) PURPOSE.—The purpose of this Act is to improve the management of the lands located in the Calaveras Big Trees National Forest, and to protect certain ex- amples of ponderosa pine, sugar pine, and giant sequoia trees, by unifying the management of the lands in such National Forest and in the California Calaveras Big Trees State Park. ‘‘SEC. 2. LAND CONVEYANCE. ‘‘(a) CONVEYANCE.—Subject to valid existing rights and the provisions of this Act, the Secretary of Agri- culture (hereinafter in this Act referred to as the ‘Sec- retary’) is authorized and directed to convey all right, title, and interest of the United States in and to lands and interests therein within the Calaveras Big Trees National Forest, as generally depicted on a map num- bered 20435 and dated June 5, 1989, prepared by the Cali- fornia Department of Parks and Recreation, to the State of California for inclusion within the Calaveras Big Trees State Park. ‘‘(b) MAP AND DESCRIPTION.—As soon as practicable after the enactment of this Act [Oct. 17, 1990], the Sec- retary shall submit a map and legal description of the lands referred to in subsection (a) to the Committee on Interior and Insular Affairs [now Committee on Nat- ural Resources] of the United States House of Rep- resentatives, and the Committee on Energy and Nat- ural Resources of the Senate. Such map and legal de- scription shall have the same force and effect as if in- cluded in this Act, except that any clerical or typo- graphical errors in such map or legal description may be corrected. The Secretary shall place such map and legal description on file, and make them available for public inspection, in the Office of the Chief of the For- est Service. ‘‘(c) CONDITIONS OF CONVEYANCE.—Conveyance of the lands and interests described in subsection (a) of this section shall be subject to the following conditions: ‘‘(1) The conveyance shall take place only if within two years after the date of enactment of this Act [Oct. 17, 1990], there is concluded an agreement be- tween the State of California and the Secretary whereby the State of California agrees to provide to the United States, in exchange for the lands described in subsection (a) and pursuant to terms and condi- tions which the Secretary finds acceptable, consider- ation of approximately equal value. Such consider- ation shall include either lands in California that the Secretary finds suitable for addition to, and are con- tiguous to, one or more units of the National Forest System, cash payment, or monetary grants awarded to the United States after June 1, 1990, or any com- bination thereof. ‘‘(2) No harvest of timber (except as may be nec- essary for the control of fire, insects, or disease) and no mining, mineral leasing, or geothermal explo- ration or development shall be permitted on such lands; ‘‘(3) Any action by the State of California to convey any portion of such lands or interests to any entity other than the United States shall be void ab initio and shall result in the reversion to the United States of all right, title, and interest in such lands; ‘‘(4) Any action by the State of California to permit the use of any portion of such lands for any purpose prohibited by this subsection or any purpose incom- patible with the continued ability of such lands to 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-