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

Summary

The Secretary of Agriculture can work with public or private groups, agencies, or people to do forest-related work on state, local, or private land that is inside or next to a national forest. Those who ask for the work must pay up front enough money to cover the estimated cost. The kinds of work include management, protection, improvements, replanting trees, and other tasks the Forest Service is allowed to do. The United States will not be responsible for any damage to the depositor or landowner that happens while the work is done. The same help can also be provided for work tied to using or occupying national forest lands or other lands the Forest Service manages. Money paid for the work goes into a separate Treasury fund and stays available until it is spent. That money is used to pay for the work and to refund anyone who paid more than their share. If payments are made for similar work on nearby or overlapping areas, the Forest Service may combine the funds and then refund any excess on a fair, proportional basis. If there is a written agreement, the Forest Service may pay from an appropriate Forest Service account and later be repaid; reimbursements go back to the account used. For fire emergencies, a written agreement can also allow one party that provided extra materials, supplies, or services to be repaid 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