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“The Oregon and California Land Grant Fund”, referred to in section 10 of the said Act of June 9, 1916, and be disposed of in the manner therein 'designated. (June 4, 1936, ch. 494, § 2,

4 49 Stat. 1461.)

§ 488. Establishment of exterior boundaries of national forests. :-All standard, meander, township, and section lines of the public-land surveys shall be established under the direction and supervision of the Commissioner of the General Land Office, whether the lands to be surveyed are within or without reservations, except that where the exterior boundaries of national forests are required to be coincident with standard, township, or section lines, such boundaries may, if not previously established in the ordinary course of the public-land surveys, be established and marked under the supervision of the Director of the United States Geological Survey whenever necessary to complete the survey of such exterior boundaries. (Mar. 3, 1899, ch. 424, § 1, 30 Stat. 1097.)

$ 489. Sale of mature, dead, and down timber.—The Secretary of Agriculture, under such rules and regulations as he shall establish, is authorized and directed to sell at actual cost, to homestead settlers and farmers, for their domestic use, the mature, dead, and down timber in national forests, but it is not the intent of this provision to restrict the authority of the Secretary of Agriculture to permit the free use of timber as provided in section 477 of this title. (Aug. 10, 1912, ch. 284, 37 Stat. 287.)

CROSS REFERENCE Contracts for sale of forest products, use of national-forest lands, etc., exempt from requirements of section 20 of Title 41, Public Contracts, where amount involved is less than $300, see section 20a of Title 41, Public Contracts.

$ 490. Deposits from timber purchasers to defray cost of disposing of debris.—Deposits may be received from timber purchasers in such sums as the Secretary of Agriculture may require to cover the cost to the United States of disposing of brush and other debris resulting from cutting operations in sales of national forest timber; such deposits shall be covered into the Treasury and shall constitute a special fund, which is appropriated and made available until expended, as the Secretary of Agriculture may direct, to pay the cost of such work and to make refunds to the depositors of amounts deposited by them in excess of such cost. (Aug. 11, 1916, ch. 313, 39 Stat. 462.)

CROSS REFERENCE Classification, appropriation and disbursement of trust funds on the books of the Government, see section 725s of Title 31, Money and Finance.

8 491. Export of timber and other products. The Secretary of Agriculture may, in his discretion, permit timber and other forest products cut or removed from the national forests to be exported from the State of Territory in which said forests are respectively situated. (Mar. 4, 1917, ch. 179, 39 Stat. 1145; May 11, 1922, ch. 185, 42 Stat. 519; Feb. 26, 1923, ch. 119, 42 Stat. 1302; June 5. 1924, ch. 266, 43 Stat. 443; Feb. 10, 1925, ch. 200, 43 Stat. 834; May 11, 1926, ch. 286, 44 Stat. 512.)

CROSS REFERENCE Timber cut on any national forest or on public lands of Alaska to be exported, if, in the judgment of Secretary of Agriculture, the local supply of timber will not be endangered thereby, see section 616 of this title.

§ 492. Earth, stone, and timber for Navy, War Department, and Government works in Alaska.—Hereafter the Secretary of Agriculture, under regulations to be prescribed by him, is authorized to permit the Navy Department 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 manner to permit the taking of earth, stone, and timber from the national forests for the construction of Government railways and other Government works in Alaska. He is authorized also to permit the War Department 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 department, subject to such regulations and restrictions 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.)

§ 493. Nebraska National Forest; trees from, for homestead settlers.-The Secretary of Agriculture, under such rules and regulations as he may prescribe, may furnish young trees, from the nurseries on the Nebraska National Forest, so far as they may by spared, to residents of the territory covered by section 224, paragraphs (a), (b), and (c) of Title 43, Public Lands. (May 11, 1922, ch. 185, 42 Stat. 520; Feb. 26, 1923, ch. 119, 42 Stat. 1304; June 5, 1924, ch. 266, 43 Stat. 445; Feb. 10, 1925, ch. 200, 43 Stat. 835; May 11, 1926, ch. 286, 44 Stat. 514.)

§ 494. Calaveras Big tree National Forest.--The Secretary of Agriculture, to secure and protect for all time the big trees scientifically known as Sequoia washingtoniana, is empowered, in his discretion, to obtain for the United States the complete title to any or all of the following-described lands in the State of California: In township 4 north, range 15 east, Mount Diablo meridian, the northeast quarter of section 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, 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 northwest 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 Calaveras Bigtree National 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

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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 Agriculture, the completeness of such title to be determined 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 Secretary of the Interior, within sixty days after such conveyance, selections of surveyed, unappropriated, nonmineral public lands or of nonmineral national forest lands, and if the lands so selected shall be found subject to selection and of the actual value in lands and stumpage conveyed they may be patented to said owners 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 Agriculture 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.)

§ 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 responsible persons or corporations applying therefor suitable spaces and portions of ground near, or adjacent to, mineral, medicinal, or other springs, within any national forest established within the United States, or hereafter to be established, and where the public is accustomed or desires to frequent, for health or pleasure, 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 authorized to make such regulations, for the convenience of people visiting such springs, with reference to spaces and locations, for the erection of tents or temporary dwelling houses to be erected or constructed for the use of those visiting such springs for health or pleasure. And the Secretary of Agriculture is authorized to prescribe the terms and duration and the compensation 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.)

CROSS REFERENCES Contracts for sale of forest products, use of national-forest lands, etc., exempt from requirements of section 20 of Title 41 where amount involved is less than $300, see section 20a of Title 41, Public Contracts.

Use and occupation of lands in national forests for summer homes, hotels, stores, and other recreation facilities, see section 497 of this title.

8 496. Same; disposition of funds from. All funds arising from the privileges granted under section 495 of this title shall be covered into the Treasury of the United States as provided by law. (Feb. 28, 1899, ch. 221, § 2, 30 Stat. 908; Mar. 4, 1907, ch. 2907, 34 Stat. 1270.)

8 497. Use and occupation of lands for summer homes; hotels, and stores.—The Secretary of Agriculture may, upon such terms

as he may deem proper, for periods not exceeding thirty years, permit responsible persons or associations to use and occupy suitable spaces or portions of grounds in the national forest for the construction of summer homes, hotels, stores, or other struc-tures needed for recreation or public convenience, not exceeding five acres to any one person or association, but this shall not be construed to interfere with the right to enter homesteads upon agricultural lands in national forests as provided by law. (Mar. 4, 1915, ch. 144, 38 Stat. 1101.)

CROSS REFERENCE Contracts for sale of forest products, use of national-forest lands, etc., exempt from requirements of section 20 of Title 41, Public Contracts, where amount involved is less than $300, see section 20a of Title 41, Public Contracts.

§ 498. Disposal of moneys received; refund of excess.-All moneys received as contributions toward cooperative work in forest investigations, or the protection and improvement of the national forests, shall be covered into the Treasury and shall constitute a special fund, which is appropriated and made available until expended, as the Secretary of Agriculture may direct, for the payment of the expenses of said investigations, protection, or improvements by the Forest Service, and for refunds to the contributors of amounts heretofore or hereafter paid in by them in excess of their share of the cost of said investigations, protection, or improvements. (June 30, 1914, ch. 131, 38 Stat. 430; May 29, 1928, ch. 901, $ 1 (99), 45 Stat. 993.)

CROSS REFERENCES Classification as trust funds, appropriation and disbursement of funds appearing on the books of the Government as "Cooperative work, Forest Service", see section 725s (13) of Title 31, Money and Finance.

Contributions received toward reforestation or for administration or protection of lands within forests to be covered into Treasury and constitute a special fund which may be appropriated for purposes for which contributed. See section 572 of this title.

$ 499. Disposal of money received by or on account of Forest Service; refund of excess and moneys erroneously collected; receipts from permits.—All money received by or on account of the Forest Seryice for timber, or from any other source of nationalforest revenue, including moneys received from sale of products from or for the use of lands in national forests created under section 471 (b) of this title, and moneys received on account of permits for hunting, fishing, or camping on lands acquired under authority of sections 513-517 and 521 of this title, shall be covered into the Treasury of the United States as a miscellaneous receipt, and except as provided in sections 500 and 501 of this title, there is appropriated and made available, as the Secretary of Agriculture may direct, out of any funds in the Treasury not otherwise appropriated, so much as may be necessary to make refunds to the depositors of money heretofore or hereafter deposited by them to secure the purchase price on the sale of any products or for the use of any land or resources of the national forests in excess of amounts found actually due from them to the United States and also so much as may be necessary to refund or

pay over to the rightful claimants such sums as may be found by the Secretary of Agriculture to have been erroneously collected for the use of any lands, or for timber or other resources sold from lands located within, but not a part of, the national forests, or for alleged illegal acts done upon such lands, which acts are subsequently found to have been proper and legal. (Mar. 4, 1907, ch. 2907, 34 Stat. 1270; Mar. 4, 1911, ch. 238, 36 Stat. 1253; Mar. 4, 1917, ch. 179, 39 Stat. 1149; June 7, 1924, ch. 348, $ 9, 43 Stat. 655; May 29, 1928, ch. 901, § 1 (97), 45 Stat. 993.)

CROSS REFERENCES Deposit in "Oregon and California land-grant fund” of proceeds of sale of timber added to Siskiyou National Forest, see section 487 of this title.

Repeal of appropriations for refund of moneys erroneously received and covered and authorization of appropriation of sums necessary, see section 7259 (b) of Title 31, Money and Finance.

8 500. Payment and evaluation of receipts to State for schools and roads.-Twenty-five per centum of all moneys received during any fiscal year from each national forest shall be paid, at the end of such year, by the Secretary of the Treasury to the State in which such national forest is situated, to be expended as the State legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which such national forest is situated: Provided, That when any national forest is in more than one State or county the distributive share to each from the proceeds of such forest shall be proportionate to its area therein: Provided, further, That there shall not be paid to any State for any county an amount equal to more than 40 per centum of the total income of such county from all other sources. In sales of logs, ties, poles, posts, cordwood, pulpwood, and other forest products the amounts made available for schools and roads by this section shall be based upon the stumpage value of the timber. (May 23, 1908, ch. 192, 35 Stat. 260; Mar. 1, 1911, ch. 186, § 13, 36 Stat. 963; June 30, 1914, ch, 131, 38 Stat. 441; Sept. 21, 1944, ch. 412, title II, § 212, 58 Stat. 737.)

NOTE The 40% proviso in this section is not applicable to payments made under the act of May 23, 1908.

CODIFICATION This section was amended by the Department of Agriculture Organic Act of 1944.

$ 501. Expenditures from receipts for roads and trails; cooperation with State authorities; evaluation of receipts.—Ten percentum of all moneys received from the national forests during each fiscal year shall be available at the end thereof, to be expended by the Secretary of Agriculture for the construction and maintenance of roads and trails within the national forests in the States from which such proceeds are derived; but the Secretary of Agriculture may, whenever practicable, in the construction and maintenance of such roads, secure the cooperation or aid of the proper State or Territorial authorities in the furtherance of any system of highways of which such roads may be made a part. In sales of logs, ties, poles, posts, cordwood, pulp

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