16 U.S.C. § 567b — Conditions and requirements for coopera-

Page 1065 TITLE 16—CONSERVATION § 567b 1 See References in Text note below. property should cease to be used for the purpose for which it was transferred for a period of two years, title thereto shall revert to and imme- diately revest in the United States. (Pub. L. 85–464, § 5, June 20, 1958, 72 Stat. 217.) § 566. Repealed. Pub. L. 95–313, § 16(a)(1), for- merly § 13(a)(1), July 1, 1978, 92 Stat. 374; re- numbered § 16(a)(1), Pub. L. 101–624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525 Section, acts June 7, 1924, ch. 348, § 3, 43 Stat. 653; May 5, 1944, ch. 189, 58 Stat. 216; May 5, 1972, Pub. L. 92–288, § 3(a), 86 Stat. 134, authorized expenditures by the Sec- retary of Agriculture for study of effects of tax and other laws on forest perpetuation, etc. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95–313, set out as an Effective Date note under section 2101 of this title. § 566a. Repealed. Pub. L. 92–288, § 3(b), May 5, 1972, 86 Stat. 134 Section, act Oct. 26, 1949, ch. 735, § 1, 63 Stat. 909, pro- vided for annual authorization of appropriations for carrying out sections 564, 565, and 566 of this title, with maximum limits for the fiscal years ending June 30, 1950 through June 30, 1954. § 566b. Annual appropriations; limitation on use of other funds for the purposes of sections 564, 565, and 566 1 Notwithstanding any other provision of law, no funds heretofore or hereafter authorized to be appropriated to the Department of Agriculture or available under any other than the Act of June 7, 1924 (43 Stat. 653), shall be used for car- rying out the programs or activities authorized by sections 564, 565, and 566 1 of this title: Pro- vided, That whenever the programs and activi- ties being carried out under the provisions of sections 564, 565, and 566 1 of this title are inad- equate to the needs and purposes of programs and activities authorized by other law the use of funds specifically authorized to be appropriated to the Department of Agriculture or made avail- able under other law shall not be prohibited to the extent that the programs and activities under said sections are inadequate to accom- plish the purposes of such other programs or ac- tivities. (Oct. 26, 1949, ch. 735, § 4, 63 Stat. 910.) Editorial Notes REFERENCES IN TEXT Act of June 7, 1924, referred to in text, is act June 7, 1924, ch. 348, 43 Stat. 653, which is classified to sections 471, 499, 505, 515, 564, 565, 566, 567, 568, 569, and 570 of this title. For complete classification of this Act to the Code, see Tables. Sections 564, 565, and 566 of this title, referred to in text, were repealed by Pub. L. 95–313, § 13(a)(1), July 1, 1978, 92 Stat. 374. § 567. Repealed. Pub. L. 95–313, § 16(a)(1), for- merly § 13(a)(1), July 1, 1978, 92 Stat. 374; re- numbered § 16(a)(1), Pub. L. 101–624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525 Section, acts June 7, 1924, ch. 348, § 4, 43 Stat. 654; Oct. 26, 1949, ch. 735, § 2, 63 Stat. 909, required cooperation be- tween Secretary of Agriculture and States in pro- curing, etc., forest-tree seeds and plants. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95–313, set out as an Effective Date note under section 2101 of this title. § 567a. Cooperation by Secretary of Agriculture with States in acquisition and administra- tion of State forests For the purpose of stimulating the acquisi- tion, development, and proper administration and management of State forests and of insuring coordinated effort by Federal and State agencies in carrying out a comprehensive national pro- gram of forest-land management, the Secretary of Agriculture is authorized to enter into coop- erative agreements with appropriate officials of any State or States for acquiring in the name of the United States, by purchase or otherwise, such forest lands within the cooperating State as in his judgment the State is adequately pre- pared to administer, develop, and manage as State forests in accordance with the provisions of sections 567a to 567c of this title and with such other terms not inconsistent therewith as he shall prescribe, such acquisition to include the mapping, examination, appraisal, and sur- veying of such lands and the doing of all things necessary to perfect title thereto in the United States: Provided, That, since it is the declared policy of Congress to maintain and, where it is in the national interest to extend the national- forest system, nothing herein shall be construed to modify, limit, or change in any manner what- soever the future ownership and administration by the United States of existing national forests and related facilities, or hereafter to restrict or prevent their extension through the acquisition by purchase or otherwise of additional lands for any national-forest purpose: Provided further, That sections 567a to 567c of this title shall not be construed to limit or repeal any legislation authorizing land exchanges by the Federal Gov- ernment, and private lands acquired by ex- change within the limits of any area subject to a cooperative agreement of the character herein authorized shall hereafter be subject to the pro- visions of sections 567a to 567c of this title. (Aug. 29, 1935, ch. 808, § 1, 49 Stat. 963.) § 567b. Conditions and requirements for coopera- tion in acquisition and management of State forests No cooperative agreement shall be entered into or continued in force under the authority of sections 567a to 567c of this title or any land ac- quired hereunder turned over to the cooperating State for administration, development, and management unless the State concerned, as a consideration for the benefits extended to it Page 1066 TITLE 16—CONSERVATION § 567b thereunder, complies in a manner satisfactory to the Secretary of Agriculture with the fol- lowing conditions and requirements which shall constitute a part of every such agreement: (a) In order to reduce the need for public ex- penditures in the acquisition of lands which may be brought into public ownership through the enforcement of appropriate tax delinquency laws, and, by bringing about the handling of such lands upon a sound social and economic basis, to terminate a system of indeterminate and unsound ownership injurious to the private and public interest alike, no additional lands shall be acquired within any State by the United States under sections 567a to 567c of this title after June 30, 1942, unless the State concerned has prior thereto provided by law for the rever- sion of title to the State or a political unit thereof of tax-delinquent lands and for blocking into State or other public forests the areas which are more suitable for public than private ownership, and which in the public interest should be devoted primarily to the production of timber crops and/or the maintenance of forests for watershed protection, and for the enforce- ment of such law: Provided, That in the adminis- tration of sections 567a to 567c of this title prior to June 30, 1942, preference will be given to States applying for cooperation hereunder which provided by law for such reversion of title under tax delinquency laws. (b) In order to insure a stable and efficient or- ganization for the development and administra- tion of the lands acquired under sections 567a to 567c of this title, the State shall provide for the employment of a State forester, who shall be a trained forester of recognized standing. (c) The Secretary of Agriculture and the ap- propriate authorities of each cooperating State shall work out a mutually satisfactory plan de- fining forest areas within the State which can be most effectively and economically adminis- tered by said State, which plan shall constitute a part of the cooperative agreement between the United States and the State concerned: Provided, That nothing herein shall be held to prevent the Secretary of Agriculture from later agreeing with the proper State authorities to desirable modifications in such plan. (d) No payment of Federal funds shall be made for land selected for purchase by the United States under sections 567a to 567c of this title until such proposed purchase has been sub- mitted to and approved by the National Forest Reservation Commission created by section 513 of this title. (e) Subject to the approval of the National Forest Reservation Commission, the Secretary of Agriculture is authorized to pay out of any available money appropriated for carrying out the purposes of sections 567a to 567c of this title any State, county, and/or town taxes, exclusive of penalties, due or accrued on any forest lands acquired by the United States under donations from the owners thereof and which lands are to be included in a State or other public forest pur- suant to said sections. (f) The State shall prepare such standards of forest administration, development, and man- agement as are necessary to insure maximum feasible utility for timber production and water- shed protection, and are acceptable to the Sec- retary of Agriculture and shall apply the same to lands acquired and placed under the jurisdic- tion of the State pursuant to sections 567a to 567c of this title. (g) That with the exception of such Federal ex- penditures as may be made for unemployment relief, the State shall pay without assistance from the Federal Government the entire future cost of administering, developing, and managing all forest lands acquired and over which it has been given jurisdiction under sections 567a to 567c of this title. (h) During the period any cooperative agree- ment made under sections 567a to 567c of this title remains in force, one-half of the gross pro- ceeds from all lands covered by said agreement and to which the United States holds title shall be paid by the State to the United States and covered into the Treasury. All such payments shall be credited to the purchase price the State is to pay the United States for said land, such purchase price to be an amount equal to the total sum expended by the United States in ac- quiring said lands. Upon payments of the full purchase price, either as herein provided or oth- erwise, title to said lands shall be transferred from the Federal Government to the State, and the Secretary of Agriculture is authorized to take such action and incur such expenditures, as may be necessary to effectuate such transfer. (i) Upon the request of the State concerned, any agreement made pursuant to sections 567a to 567c of this title may be terminated by the Secretary of Agriculture. The Secretary of Agri- culture may, with the consent and approval of the National Forest Reservation Commission, after due notice given the State and an oppor- tunity for hearing by said Commission, termi- nate any such agreement for violations of its terms and/or the provisions of said sections of this title. If such agreement is terminated, the United States shall reimburse the State for so much of the State funds as have been expended in the administration, development, and man- agement of the lands involved as the Secretary of Agriculture may decide to be fair and equi- table. (j) The State shall furnish the Secretary of Agriculture with such annual, periodic, or spe- cial reports as he may require respecting the State’s operations under its agreement with him. (k) When a State or political unit thereof ac- quires under tax delinquency laws title to forest lands without cost to the United States and which lands are included within a State or other public forest, the Secretary of Agriculture, on behalf of the Federal Government, may con- tribute annually out of any funds made avail- able under sections 567a to 567c of this title not to exceed one-half the cost of administering, de- veloping, and managing said lands. (Aug. 29, 1935, ch. 808, § 2, 49 Stat. 963.) Editorial Notes REFERENCES IN TEXT The National Forest Reservation Commission, re- ferred to in subsecs. (d), (e), and (i), was created by sec- tion 4 of act Mar. 1, 1911 (16 U.S.C. 513). Section 4 of the Page 1067 TITLE 16—CONSERVATION §§ 568c to 568e 1 See References in Text note below. 1911 Act was repealed, and all functions of the National Forest Reservation Commission were transferred to the Secretary of Agriculture, by section 17(a)(1) of Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2961. § 567c. Authorization of appropriation for co- operation in acquisition and management of State forests For the purposes of sections 567a to 567c of this title, there is authorized to be appropriated, a sum or sums out of any money in the Treasury not otherwise appropriated, not to exceed $5,000,000, as Congress may from time to time appropriate. (Aug. 29, 1935, ch. 808, § 3, 49 Stat. 965.) § 568. Cooperation by Secretary of Agriculture with States in establishing, etc., wood lots, shelter belts, windbreaks, etc.; limitation on expenditure; authorization of appropriations The Secretary of Agriculture is authorized and directed, in cooperation with the land grant col- leges and universities of the various States or, in his discretion, with other suitable State agen- cies, to aid farmers through advice, education, demonstrations, and other similar means in es- tablishing, renewing, protecting, and managing wood lots, shelter belts, windbreaks, and other valuable forest growth, and in harvesting, uti- lizing, and marketing the products thereof. Ex- cept for preliminary investigations, the amount expended by the Federal Government under this section in cooperation with any State or other cooperating agency during any fiscal year shall not exceed the amount expended by the State or other cooperating agency for the same purpose during the same fiscal year, and the Secretary of Agriculture is authorized to make expendi- tures on the certificate of the appropriate State official that the State expenditures, as provided for in this section, have been made. There is au- thorized to be appropriated annually out of any money in the Treasury not otherwise appro- priated, not more than $500,000 to enable the Secretary of Agriculture to carry out the provi- sions of this section. (June 7, 1924, ch. 348, § 5, 43 Stat. 654; Oct. 26, 1949, ch. 735, § 3, 63 Stat. 910.) Editorial Notes AMENDMENTS 1949—Act Oct. 26, 1949, enlarged and clarified the Fed- eral-State educational program with small forest-land owners, and increased the annual appropriations from $100,000 to $500,000. Statutory Notes and Related Subsidiaries FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED FISCAL YEAR FOR PURPOSES OF MATCHING REQUIREMENTS Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed fiscal year for purposes of this section relating to matching requirements, see section 202(2) of Pub. L. 94–274, Apr. 21, 1976, 90 Stat. 392, set out as a note under section 2652 of Title 7, Agriculture. CONTRIBUTIONS BY STATES, ETC. Act Sept. 21, 1944, ch. 412, title II, § 208, 58 Stat. 736, provided: ‘‘No part of any appropriation which is avail- able for carrying out the Cooperative Farm Forestry Act (16 U.S.C. 568b) [repealed] and sections 4 and 5 of the Clarke-McNary Act (16 U.S.C. 567 [repealed], 568) shall be expended in any State or Territory unless the State or Territory, or local subdivision thereof, or indi- viduals, or associations contribute a sum equal to that to be allotted therefrom by the Government or make contributions other than money deemed by the Sec- retary to be the value equivalent thereof.’’ APPROPRIATIONS AVAILABLE FOR 3 YEARS Act Sept. 21, 1944, ch. 412, title II, § 209, 58 Stat. 737, provided: ‘‘Appropriations for carrying out the Cooper- ative Farm Forestry Act (16 U.S.C. 568b) [repealed] and sections 4 and 5 of the Clarke-McNary Act (16 U.S.C. 567 [repealed], 568) and Acts supplementary thereto allo- cated for the production or procurement of nursery stock by any Federal agency, or funds appropriated to any Federal agency for allocation to cooperating States for the production or procurement of nursery stock, shall remain available for expenditure for not more than three fiscal years.’’ § 568a. Cooperation by Secretary of Agriculture with Territories and other possessions The Secretary of Agriculture is authorized to cooperate with Territories and other possessions of the United States on the same terms and con- ditions as with States under sections 566, 567,1 and 568 of this title. (Apr. 13, 1926, ch. 134, 44 Stat. 250.) Editorial Notes REFERENCES IN TEXT Sections 566 and 567 of this title, referred to in text, were repealed by Pub. L. 95–313, § 13(a)(1), July 1, 1978, 92 Stat. 374. § 568b. Repealed. Aug. 25, 1950, ch. 781, § 3, 64 Stat. 473, eff. June 30, 1951 Section, act May 18, 1937, ch. 226, 50 Stat. 188, related to cooperation by Secretary of Agriculture in develop- ment of farm forestry in States and Territories. This section was known as the ‘‘Cooperative Farm Forestry Act’’. §§ 568c to 568e. Repealed. Pub. L. 95–313, § 16(a)(4), (5), formerly § 13(a)(4), (5), July 1, 1978, 92 Stat. 374; renumbered § 16(a)(4), (5), Pub. L. 101–624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525 Section 568c, acts Aug. 25, 1950, ch. 781, § 1, 64 Stat. 473; May 5, 1972, Pub. L. 92–288, § 1, 86 Stat. 134, required cooperation between Secretary of Agriculture and State officials in providing technical services to pri- vate landowners, etc. Section 568d, acts Aug. 25, 1950, ch. 781, § 2, 64 Stat. 473; Sept. 25, 1962, Pub. L. 87–680, 76 Stat. 569; May 5, 1972, Pub. L. 92–288, § 2, 86 Stat. 134, set forth funding re- quirements for cooperative forest management pro- grams involving private landowners, etc. Section 568e, act May 28, 1956, ch. 327, title IV, § 401, 70 Stat. 207, set forth provisions relating to assistance to States for tree planting and reforestation through the Secretary of Agriculture. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95–313, set out as an Effective Date note under section 2101 of this title.