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wood, 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. (Mar. 4, 1913, ch. 145, 37 Stat. 843; Sept. 21, 1944, ch. 412, title II, 3212, 58 Stat. 737.)
CODIFICATION This section was amended by the Department of Agriculture Organic Act of 1944.
§ 502. Rental of property for Forest Service; forage, care, and housing of animals; storage of vehicles and other equipment; loss, damage, or destruction of horses, vehicles and other equipment. The Secretary of Agriculture is authorized, under such regulations as he may prescribe:
(a) To hire or rent property from employees of the Forest Service for the use of officers of that service other than use by the employee from whom hired or rented, whenever the public interest will be promoted thereby: Provided, That the aggregate amount to be paid permanent employees under authorization of this subsection, exclusive of obligations occasioned by fire emergencies, shall not exceed $3,000 in any one year.
(b) To provide forage, care, and housing for animals, and storage for vehicles, and other equipment, obtained by the Forest Service for the use of that service from employees.
(c) To reimburse owners for loss, damage, or destruction of horses, vehicles, and other equipment obtained by the Forest Service for the use of that service from employees or other private owners: Provided, That payments or reimbursements herein authorized may be made from the applicable appropriations for the Forest Service: And provided further, That except for fire-fighting emergencies no reimbursement herein authorized shall be made in amount in excess of $50 in any case unless supported by a written contract of hire or lease. (Mar. 4, 1913, ch. 145, 37 Stat. 843; Jan. 31, 1931, ch. 76, 46 Stat. 1052.)
§ 503. Appropriation for roads and trails; cooperation of States; aggregate expenditure.—There is appropriated and made available until expended, out of any moneys in the National Treasury not otherwise appropriated, the sum of $1,000,000 for each fiscal year up to and including the fiscal year ending June 30, 1926, in all $10,000,000, to be available until expended under the supervision of the Secretary of Agriculture, upon request from the proper officers of the State, Territory, or county for the survey, construction, and maintenance of roads and trails within or only partly within the national forests, when necessary for the use and development of resources upon which communities within and adjacent to the national forests are dependent. The State, Territory, or county shall enter into a cooperative agreement with the Secretary of Agriculture for the survey, construction, and maintenance of such roads or trails, upon a basis equitable to both the State, Territory, or county, and the United States. The aggregate expenditures in any State, Territory, or county shall not exceed ten per centum of the value, as determined by the Secretary of Agriculture, of the timber and forage resources which are or will be vailable for income upon the national forest
lands within the respective county or counties wherein the roads or trails will be constructed; and the Secretary of Agriculture shall make annual report to Congress of the amounts expended hereunder.
Immediately upon the execution of any cooperative agreement hereunder the Secretary of Agriculture shall notify the Secretary of the Treasury of the amount to be expended by the United States within or adjacent to any national forest thereunder, and each fiscal year the Secretary of the Treasury shall apply from any and all revenues from such forest 10 per centum thereof to reimburse the United States for expenditures made under such agreement until the whole amount advanced under such agreement shall have been returned from the receipts from such national forest. (July 11, 1916, ch. 241, § 8, 39 Stat. 358.)
CROSS REFERENCE Application of appropriation to obligations created by any State or Territory, see section 45 of Title 23, Highways.
§ 503a. Same; purpose for which appropriation available.The appropriations made for the purpose of carrying out the provisions of section 503 of this title, shall be considered available for the purpose of discharging the obligations created thereunder in any State or Territory: Provided, That the total expenditures on account of any State or Territory shall at no time exceed its authorized apportionment. (May 16, 1928, ch. 572, 45 Stat. 569; Feb. 16, 1929, ch. 227, 45 Stat. 1220.)
8 504, Purchases of tree seeds, cones, and nursery stock for national forests.—The Secertary of Agriculture may procure tree seeds, cones, and nursery stock, for seeding and tree planting within national forests, and for experiments and ingestigations necessary for such seeding and tree planting, by open purchase, without advertisements for proposals, whenever in his discretion such method is most economical and in the public interest and when the cost thereof will not exceed $500. (June 30, 1914, ch. 131, 38 Stat. 429.)
$ 505. Use of national forests established on land reserved for purposes of national defense; maintenance available.- Where a national forest is established under section 471 (b) of this title on land previously reserved for the Army or Navy for purposes of national defense the land shall remain subject to the unhampered use of the War or Navy Department for said purposes and nothing in this section or section 471 (b) of this title shall be construed to relinquish the authority over such lands for purposes of national defense now vested in the department for which the lands were formerly reserved. Any moneys available for the maintenance, improvement, protection, construction of highways and general administration of the national forests shall be availfor expenditure on national forests created under such section. (June 7, 1924, ch. 348, § 9, 43 Stat. 655.)
8 506. Agricultural lands opened to homestead entry. The Secretary of Agriculture is authorized, in his discretion, upon application or otherwise, to examine and ascertain as to the location and extent of lands within permanent or temporary national forests except in the counties of San Luis Obispo and
Santa Barbara, in the State of California, which are chiefly valuable for agriculture, and which, in his opinion, may be occupied for agricultural purposes without injury to such national forests and which are not needed for public purposes, and may list and describe the same by metes and bounds, or otherwise, and file the lists and descriptions with the Secretary of the Interior, with the request that the said lands be opened to entry in accordance with the provisions of the homestead laws and sections 506-509 of this title.
Upon the filing of any such list or description the Secretary of the Interior shall declare the said lands open to homestead settlement and entry in tracts not exceeding one hundred and sixty acres in area and not exceeding one mile in length, at the expiration of sixty days from the filing of the list in the land office of the district within which the hands are located, during which period the said list or description shall be prominently posted in the land office and advertised for a period of not less than four weeks in one newspaper of general circulation published in the county in which the lands are situated. Any settler actually occupying and in good faith claiming such lands for agricultural purposes prior to January 1, 1906, and who shall not have abandoned the same, and the person, if qualified to make a homestead entry, upon whose application the land proposed to be entered was examined and listed, shall, each in the order named, have a preference right of settlement and entry. Any entryman desiring to obtain patent to any lands described by metes and bounds entered by him under the provisions of sections 506-509 of this title shall, within five years of the date of making settlement, file, with the required proof of residence and cultivation, a plat and field notes of the lands entered, made by or under the direction of the United States supervisor of surveys, showing accurately the boundaries of such lands, which shall be distinctly marked by monuments on the ground, and by posting a copy of such plat, together with a notice of the time and place of offering proof, in a conspicuous place on the land embraced in such plat during the period prescribed by law for the publication of his notice of intention to offer proof, and that a copy of such plat and field notes shall also be kept posted in the office of the register of the land office for the land district in which such lands are situated for a like period; and further, that any agricultural lands within forest reserves may, at the discretion of the Secretary, be surveyed by metes and bounds, and that no lands entered under the provisions of sections 506-509 of this title shall be patented under the commutation provisions of the homestead laws, but settlers, upon final proof, shall have credit for the period of their actual residence upon the lands covered by their entries. No land listed under the aforesaid sections shall pass from the forest until patent issues. (June 11, 1906, ch. 3074, § 1, 34 Stat. 233; May 30, 1908, ch. 233, 35 Stat. 554; Aug. 10, 1912, ch. 284, 37 Stat. 287; Mar. 3, 1925, ch, 462, 43 Stat. 1144.)
CROSS REFERENCES Homestead entry denied in Custer National Forest, see section 510a of this title.
Lands added to Yellowstone National Park not subject to homestead entry, see section 40 of this title.
8 507. Additional homestead right of entry to former settlers.Settlers upon lands chiefly valuable for agriculture within national forests on January 1, 1906, who had on that date exercised or lost their homestead privilege, but were otherwise competent to enter lands under the homestead laws, are granted an additional homestead right of entry for the purposes of sections 506-509 of this title only, and such settlers must otherwise comply with the provisions of the homestead law, and in addition thereto must pay $2.50 per acre for lands entered under the provisions of this section, such payment to be made at the time of making final proof on such lands. (June 11, 1906, ch. 3074, § 2, 34 Stat. 234.)
§ 508. Entries in Black Hills National Forest subject to mining laws and to appropriation of waters.-All entries under sections 506-509 of this title in the Black Hills National Forest shall be subject to the quartz or lode mining laws of the United States, and the laws and regulations permitting the location, appropriation, and use of the waters within the said national forest for mining, irrigation, and other purposes; and no titles acquired to agriculturual lands in said Black Hills National Forest under said sections shall vest in the patentee any riparian rights to any stream or streams of flowing water within said forest; and that such limitation of title shall be expressed in the patents for the lands covered by such entries. (June 11, 1906, ch. 3074; § 3, 34 Stat. 234.)
$ 508a. Black Hills National or Harney National Forest; exchange of lands.
Section, act Feb. 15, 1927, ch. 152, 44 Stat. 1099, is now covered by note under sections 486a-486w of this title.
$ 509. Future settlements on lands within reserves, and rights of former bona fide settlers.—Nothing contained within sections 506-509 of this title shall be held to authorize any future settlement on any lands within national forests until such lands have been opened to settlement as provided in said sections, or to in way impair the legal rights of any bona fide homestead settler who has or shall establish residence upon public lands prior to their inclusion within a national forest. (June 11, 1906, ch. 3074, § 5, 34 Stat. 234.)
8 510. Right of homstead entry extended to certain lands. The provisions of sections 506-509 of this title shall apply to all lands within the national forests in Lawrence and Pennington Counties in South Dakota. (Aug. 8, 1916, ch. 295, 39 Stat. 440.)
CROSS REFERENCE Homestead entry rights denied to Custer National Forest, see section 510a of this title.
§ 510a. Right of homestead entry denied to certain lands; Custer National Forest. From and after June 13, 1930, no applications may be accepted by the Secretary of Agriculture for the classification and listing of any land in the Custer National Forest for homestead entry under the provisions of section 506 of this
title, nor shall any lands be so classified for entry under the provisions of the Act of August 10, 1912 (Thirty-seventh Statutes, pages 269-287): Provided, however, that the Secretary of Agriculture may, in his discretion, list limited tracts when in his opinion such action will be in the public interest and will not be injurious to other settlers or users of the national forest. (June 13, 1930, ch. 481, 46 Stat. 583.)
§ 511. Reinstatement of entries canceled or relinquished.-All homestead entries which have been canceled or relinquished, or are invalid solely because of the erroneous allowance of such entries after the withdrawal of lands for national-forest purposes, may be reinstated or allowed to remain intact, but in the case of entries canceled prior to March 3, 1911, applications for reinstatement must have been filed in the proper local land office prior to July 1, 1912. (Mar. 3, 1911, ch. 225, § 1, 36 Stat. 1084.)
§ 512. Segregation of lands for homestead entry.—The Secretary of Agriculture is directed and required to select, classify, and segregate, as soon as practicable, all lands within the boundaries of national forests that may be opened to settlement and entry under the homestead laws applicable to the national forests. And after March 4, 1913, such surveys, and the plats and field notes thereof, shall be made by employees of the Forest Service, to be designated by the United States supervisor of surveys, and such surveys and the plats and field notes thereof shall be approved by the United States supervisor of surveys. (Mar. 4, 1913, ch. 145, 37 Stat. 842; Mar. 3, 1925, ch. 462, 43 Stat. 1144.)
§ 513. National Forest Reservation Commission; annual report to Congress.—The National Forest Reservation Commission shall consist of the Secretary of War, the Secretary of the Interior, the Secretary of Agriculture, and two Members of the Senate, to be selected by the President of the Senate and two Members of the House of Representatives, to be selected by the Speaker, and is authorized to consider and pass upon such lands as may be recommended for purchase as provided in section 515 of this title, and to fix the price or prices at which such lands may be purchased, and no purchases shall be made of any lands until such lands have been duly approved for purchase by said commission. The members of the commission shall serve as such only during their incumbency in their respective official positions, and any vacancy on the commission shall be filed in the manner as the original appointment. It shall reort annually to Congress through its president, not later than the first Monday in December, its operations and expenditures in detail, during the preceding fiscal year. (Mar. 1, 1911, ch. 186, $$ 4, 5, 36 Stat. 962.)
§ 514. Appropriation for expense of commission; payments.In lieu of the permanent appropriation, annual appropriations from the general fund of the Treasury of a sum sufficient to pay the necessary expenses of the commission and its members, not to exceed an annual expenditure of $25,000, are authorized. Said appropriations shall be immediately available, and shall be paid out on the audit and order of the president of the said commission, which audit and order shall be conclusive and binding upon all departments as to the correctness of the accounts