§572 — Title 16 Conservation | U.S. Code

Summary

The Agriculture Secretary can agree to help public or private groups do work on state, county, city, or private land that lies in or next to a national forest, as long as the group puts up enough money ahead of time to pay the estimated cost. The help can cover the same kinds of things the Forest Service does on federal land, like management, protection, improvements, and replanting. The United States will not be responsible for damage to the depositor or landowner that happens because of the work. The same help can also be provided when people occupy or use national forests or other Forest Service lands. Money paid in advance goes into a special Treasury fund and is kept until spent to pay for the work or to refund any overpayments. Payments for similar work on nearby or overlapping areas can be combined and any extra money refunded fairly. A written agreement can let the Forest Service pay first from its budget and later be repaid and credited back. In fire emergencies, if one side gives more supplies, equipment, or help than its share, they can be paid back or given replacement items.

Title 16, §572

Conservation — Source: USLM XML via OLRC

(a)The Secretary of Agriculture is authorized, where the public interest justifies, to cooperate with or assist public and private agencies, organizations, institutions, and persons in performing work on land in State, county, municipal, or private ownership, situated within or near a national forest, for which the administering agency, owner, or other interested party deposits in one or more payments a sufficient sum to cover the total estimated cost of the work to be done for the benefit of the depositor, for administration, protection, improvement, reforestation, and such other kinds of work as the Forest Service is authorized to do on lands of the United States: Provided, That the United States shall not be liable to the depositor or land-owner for any damage incident to the performance of such work.

(b)Cooperation and assistance on the same basis as that authorized in subsection (a) is authorized also in the performance of any such kinds of work in connection with the occupancy or use of the national forests or other lands administered by the Forest Service.

(c)Moneys deposited under this section shall be covered into the Treasury and shall constitute a special fund, which is made available until expended for payment of the cost of work performed by the Forest Service and for refunds to depositors of amounts deposited by them in excess of their share of said cost: Provided, That when deposits are received for a number of similar types of work on adjacent or overlapping areas, or on areas which in the aggregate are determined to cover a single work unit, they may be expended on such combined areas for the purposes for which deposited, in which event refunds to the depositors of the total amount of the excess deposits involved will be made on a proportionate basis: Provided further, That when so provided by written agreement payment for work undertaken pursuant to this section may be made from any Forest Service appropriation available for similar types of work, and reimbursement received from said agencies, organizations, institutions, or persons covering their proportionate share of the cost and the funds received as reimbursement shall be deposited to the credit of the Forest Service appropriation from which initially paid or to appropriations for similar purposes currently available at the time of deposit: Provided further, That when by the terms of a written agreement either party thereto furnishes materials, supplies, equipment, or services for fire emergencies in excess of its proportionate share, adjustment may be made by reimbursement or by replacement in kind of supplies, materials, and equipment consumed or destroyed in excess of the furnishing party’s proportionate share.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1950—Act Apr. 24, 1950, amended section generally to broaden the authority to permit performance of various kinds of work by the Forest Service, at the expense of interested parties, on national forests and other related lands.

Statutory Notes and Related Subsidiaries

AppropriationsAppropriation of all moneys received as contributions toward cooperative work under this section was made by acts Jan. 18, 1927, ch. 39, 44 Stat. 991; Mar. 26, 1934, ch. 89, 48 Stat. 483. Trust FundsClassification as trust funds, appropriation and disbursement of funds appearing on books of Government as “Cooperative work, Forest Service,” see section 1321 of Title 31, Money and Finance.

§572 Cooperation between Secretary of Agriculture and public or private agencies in working land under State or private ownership