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.

§ 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.)

§ 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 structures 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 Service 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 725q (b) of Title 31, Money and Finance.

§ 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

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, §212, 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.)

§ 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.)

§ 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