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ployees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Delegation of powers and duties of Secretary of Interior, see section 590z-11 of this title.

§ 590z-10. Appropriations.

To carry out the purposes of sections 590y to 590z-10 of this title there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated (1) for the Department of the Interior such sums as may be necessary to carry out its functions under said sections, and (2) for the Department of Agriculture such sums as may be necessary to carry out its functions under said sections. (Aug. 11, 1939, ch. 717, § 12, as added Oct. 14, 1940, ch. 861, 54 Stat. 1125.)

$590z-11. Delegation of powers and duties by Secretary of Interior.

For the purpose of facilitating and simplifying the administration of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and sections 590y to 590z-10 of this title, the Secretary of the Interior is authorized to delegate, from time to time and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of Reclamation, an Assistant Commissioner, or the officer in charge of any office, division, district, or project of the Bureau of Reclamation. (Dec. 19, 1941, ch. 595, 55 Stat. 842.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

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§ 593. Protection of timber in Florida.

The President is authorized to employ so much of the land and naval forces of the United States as may be necessary effectually to prevent the felling, cutting down, or other destruction of the timber of the United States in Florida, and to prevent the transportation or carrying away any such timber as may be already felled or cut down; and to take such other and further measures as may be deemed advisable for the preservation of the timber of the United States in Florida. (R. S. § 2460.)

DERIVATION

Act Feb. 23, 1822, ch. 9, 3 Stat. 651.

§ 594. Protection of timber owned by United States from fire, disease, or insect ravages.

The Secretary of the Interior is authorized to protect and preserve, from fire, disease, or the ravages of beetles, or other insects, timber owned by the United States upon the public lands, national parks, national monuments, Indian reservations, or other lands under the jurisdiction of the Department of the Interior owned by the United States, either directly or in cooperation with other departments of the Federal Government, with States, or with owners of timber; and appropriations are authorized to be made for such purposes. (Sept. 20, 1922, ch. 349, 42 Stat. 857.)

§ 594-1. Protection of all forest lands from insects and diseases; policy of Government.

In order to protect and preserve forest resources of the United States from ravages of bark beetles, defoliators, blights, wilts, and other destructive forest insect pests and diseases, and thereby enhance the growth and maintenance of forests, promote the stability of forest-using industries and employment associated therewith, aid in fire control by reducing the menace created by dying and dead trees injured or killed by insects or disease, conserve forest cover on watersheds, and protect recreational and other values of forests, it shall be the policy of the Govern

ment of the United States independently and through cooperation with the governments of States, Territories, and possessions, and private timber owners to prevent, retard, control, suppress, or eradicate incipient, potential, or emergency outbreaks of destructive insects and diseases on, or threatening, all forest lands irrespective of ownership. (June 25, 1947, ch. 141, § 1, 61 Stat. 177.)

SHORT TITLE

Congress in enacting sections 594-1 to 594-5 of this title provided by section 7 of act June 25, 1947, that said sections be known as the "Forest Pest Control Act".

REPEALS

Section 6 of act June 25, 1947, provided: "The provisions of this Act [sections 594-1 to 594-5 of this title] are intended to supplement, and shall not be construed as limiting or repealing, existing legislation."

§ 594-2. Same; conduct of surveys; consent to operations.

The Secretary of Agriculture is authorized either directly or in cooperation with other departments of the Federal Government, with any State, Territory, or possession, organization, person, or public agency, subject to such conditions as he may deem necessary and using such funds as have been, or may hereafter be, made available for these purposes, to conduct surveys on any forest lands to detect and appraise infestations of forest insect pests and tree diseases, to determine the measures which should be applied on such lands, in order to prevent, retard, control, suppress, or eradicate incipient, threatening, potential, or emergency outbreaks of such insect or disease pests, and to plan, organize, direct, and carry out such measures as he may deem necessary to accomplish the objectives and purposes of sections 594-1 to 594-5 of this title: Provided, That any operations planned to prevent, retard, control, or suppress insects or diseases on forest lands owned, controlled, or managed by other agencies of the Federal Government shall be conducted with the consent of the agency having jurisdiction over such land. (June 25, 1947, ch. 141, § 2, 61 Stat. 177.) § 594-3. Same; allocation of funds.

The Secretary of Agriculture may, in his discretion and out of any money made available pursuant to section 594-5 of this title, make allocations to Federal agencies having jurisdiction over lands held or owned by the United States in such amounts as he may deem necessary to retard, control, suppress, or eradicate injurious insect pests or plant diseases affecting forests on said lands. (June 25, 1947, ch. 141, § 3, 61 Stat. 177.)

§ 594-4. Same; contributions to work.

No money appropriated to carry out the purposes of sections 594-1 to 594-5 of this title shall be expended to prevent, retard, control, or suppress insect or disease pests on forest lands owned by persons, associations, corporations, States, Territories, possessions, or subdivisions thereof until such contributions toward the work as the Secretary may require have been made or agreed upon in the form of funds, services, materials, or otherwise. (June 25, 1947, ch. 141, § 4, 61 Stat. 177.)

§ 594-5. Same; appropriations; availability for expenses; procurement of materials and equipment. There are authorized to be appropriated for the purposes of sections 594-1 to 594-5 of this title such sums as the Congress may from time to time determine to be necessary. Any sums so appropriated shall be available for necessary expenses, including the employment of persons and means in the District of Columbia and elsewhere, printing and binding, and the purchase, maintenance, operation, and exchange of passenger-carrying vehicles; but such sums shall not be used to pay the cost or value of any property injured or destroyed. Materials and equipment necessary to control, suppress, or eradicate infestations of forest insects or tree diseases may be procured without regard to the provisions of section 5 of Title 41 under such procedures as may be prescribed by the Secretary of Agriculture, when deemed necessary in the public interest. (June 25, 1947, ch. 141, § 5, 61 Stat. 177.)

§ 594a. White-pine blister rust control; contributions by local authorities; Indian lands.

To promote the stability of white-pine forest-using industries, employment, and communities through the continuous supply of white- and sugar-pine timber, the Secretary of Agriculture is authorized in cooperation with such agencies as he may deem necessary to use such funds as have been, or may hereafter be, made available for the purpose of controlling white-pine blister rust, by preventing the spread to, and eliminating white-pine blister rust from, all forest lands, irrespective of the ownership thereof, when in the judgment of the Secretary of Agriculture the use of such funds on such lands is necessary in the control of the white-pine blister rust: Provided, That in the discretion of the Secretary of Agriculture no expenditures from funds provided under this authorization shall be made on private or State lands (except where such lands are intermingled with those which are federally owned and it is necessary in order to protect the property of the United States to work on those parts of the private or State-owned lands that immediately adjoin Federal lands) until a sum, or sums, at least equal to such expenditures shall have been appropriated, subscribed, or contributed by State, county, or local authorities or by individuals or organizations concerned: Provided further, That no part of such appropriations shall be used to pay the cost or value of property injured or destroyed: And provided further, That any plan for the control and elimination of white-pine blister rust on lands owned by the United States or retained under restriction by the United States for Indian tribes and for individual Indians shall be subject to the approval of the Federal agency or Indian tribe having jurisdiction over such lands, and the Secretary of Agriculture may, in his discretion and out of any moneys made available under this section, make allocations to said Federal agencies in such amounts as he may deem necessary for white-pine blister-rust control and elimination on lands so held or owned by the United States, the moneys so allocated to be ex

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Sections, R. S. § 2463; act Mar. 3, 1879, ch. 189, §§ 1, 2, 20 Stat. 470, 471; act Mar. 2, 1895, ch. 182, 28 Stat. 814; related to red cedar timber and reservation of lands for naval purposes.

§ 601. Disposition of moneys collected for depredations.

All moneys collected for depredations upon the public lands shall be covered into the Treasury of the United States as other moneys received from the sale of public lands. (Apr. 30, 1878, ch. 76, § 2, 20 Stat. 46.)

§ 602. Seizure of timber cut.

If any timber cut on the public lands shall be exported from the Territories of the United States, it shall be liable to seizure by United States authority wherever found. (Apr. 30, 1878, ch. 76, § 2, 20 Stat. 46.)

CROSS REFERENCES

Export of timber and other forest products cut or removed from the national forests from State or Territory in discretion of Secretary of Agriculture, see section 491 of this title.

Export of timber pulpwood and wood pulp from Alaska, see section 422 of Title 48, Territories and Insular Possessions.

Exportation of timber cut on national forests or public lands in Alaska, see section 616 of this title.

§ 603. Relief from prosecutions on payment for timber cut.

CODIFICATION

Section, act June 3, 1878, ch. 151, § 5, 20 Stat. 90, related to prosecutions for violating section 595 of this title. § 604. Cutting timber on certain mineral lands; permits to corporations; railroad corporations. All citizens of the United States and other persons, bona fide residents of the States of Colorado, Nevada, New Mexico, Arizona, Utah, Wyoming, North Dakota, South Dakota, Idaho, or Montana, and all other mineral districts of the United States, are authorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in said States or districts of which such citizens or persons may be at the time bona fide residents, subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other purposes. It shall be lawful for the Secretary of the Interior to grant permits in accordance with the provisions of this section, to corporations incorporated under a Federal law of the United States or incorporated under the laws of a State or Territory 24626°-53-vol. 238

of the United States, other than the State in which the privilege is requested. Such permits to confer the same rights and benefits upon such corporations as are conferred upon corporations incorporated in the State in which the privilege is to be exercised, but all such corporations shall first have complied with the laws of that State so as to entitle them to do business therein. The provisions of this section and sections 605 and 606 of this title shall not extend to railroad corporations. (June 3, 1878, ch. 150, § 1, 20 Stat. 88; Jan. 11, 1921, ch. 22, 41 Stat. 1088.)

§ 605. Same; notice of unlawful cutting.

It shall be the duty of such officer as the Secretary of the Interior may designate in whose district any mineral land may be situated to ascertain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized by section 604 of this title, within such land district; and, if so, he shall immediately notify the Secretary of the Interior of that fact; and all necessary expenses incurred in making such proper examinations shall be paid for and allowed such officer in making up his next quarterly account. (June 3, 1878, c. 150, § 2, 20 Stat. 88; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

"Such officer as the Secretary of the Interior may designate" was substituted for "the register and the receiver of any local land office", "Secretary of the Interior" for "Commissioner of the General Land Office", and "such offlcer" for "such register and receiver" on authority of 1946 Reorg. Plan No. 3.

§ 606. Same; offenses; punishment.

Any person or persons who shall violate the provisions of sections 604 and 605 of this title, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding $500, and to which may be added imprisonment for any term not exceeding six months. (June 3, 1878, ch. 150, § 3, 20 Stat. 89.)

§ 607. Cutting and removal of timber on certain public lands for certain purposes.

In the States of Colorado, Montana, Idaho, North Dakota, and South Dakota, Wyoming, New Mexico, and Arizona, and the Territory of Alaska, and the gold and silver regions of Nevada, California, Oregon, Washington, and Utah in any criminal prosecution or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber cut thereon it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timber lands for use in such

State or Territory by a resident thereof for agricultural, mining, manufacturing, or domestic purposes under rules and regulations made and prescribed by the Secretary of the Interior and has not been transported out of the same, but nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain. The Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this section, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber except as may be prescribed by such rules and regulations, but this section shall not operate to repeal sections 604-606 of this title. (Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, § 8, 26 Stat. 1099; Feb. 13, 1893, ch. 103, 27 Stat. 444; July 1, 1898, ch. 546, § 1, 30 Stat. 618; Mar. 3, 1901, ch. 855, 31 Stat. 1436; Mar. 3, 1901, ch. 862, 31 Stat. 1439.)

CROSS REFERENCES

Citizens of Bear Lake County, Idaho, to be permitted to cut and remove timber on the unappropriated public domain for domestic use subject to provisions of this section, see section 611a of this title.

§ 608. Permits to cut and remove timber; citizens of Malheur County, Oregon.

It shall be lawful for the Secretary of the Interior to grant permits under the provisions of section 607 of this title to citizens of Malheur County, Oregon, to cut timber in the State of Idaho for agricultural, mining, or other domestic purposes, and to remove the timber so cut to Malheur County, State of Oregon. (Mar. 3, 1919, ch. 111, 40 Stat. 1321.)

§ 609. Same; citizens of Modoc County, California.

It shall be lawful for the Secretary of the Interior to grant permits under the provisions of section 607 of this title, to citizens of Modoc County, California, to cut timber in the State of Nevada for agricultural, mining, or other domestic purposes, and to remove the timber so cut to Modoc County, State of California. (Mar. 3, 1919, ch. 115, 40 Stat. 1322.)

§ 610. Same; citizens of Washington County and Kane County, Utah.

It shall be lawful for the Secretary of the Interior to grant permits under the provisions of section 607 of this title, to citizens of Washington County and of Kane County, Utah, to cut timber on the public lands of the counties of Mohave and Coconino, Arizona, for agricultural, mining, or other domestic purposes, and remove the timber so cut to said Washington County and Kane County, Utah. (Feb. 27, 1922, ch. 82, 42 Stat. 398.)

§ 611. Same; citizens of Idaho and Wyoming.

It shall be lawful for the Secretary of the Interior to grant permits under the provisions of section 607 of this title, to citizens of Idaho and Wyoming to cut timber in the State of Wyoming west of the Continental Divide on the Snake River and its tributaries to the boundary line of Idaho, for agricultural, mining, or other domestic purposes, and to remove the

timber so cut to the State of Idaho. (Mar. 3, 1891, ch. 561, § 8, 26 Stat. 1099; July 1, 1898, ch. 546, § 1, 30 Stat. 618.)

§ 611a. Same; citizens of Bear Lake County, Idaho.

The Secretary of the Interior is authorized to grant permits, subject to the provisions of section 607 of this title, to citizens of Bear Lake County, Idaho, to cut and remove timber on the unappropriated public domain in Lincoln County, Wyoming, for domestic use in Bear Lake County, Idaho: Provided, That no live standing timber shall be taken without compensation. (Mar. 3, 1891, ch. 561, § 8, 26 Stat. 1099; Aug. 21, 1935, ch. 591, 49 Stat. 665.)

§ 612. Same; permits to certain corporations.

It shall be lawful for the Secretary of the Interior to grant permits in accordance with the provisions of section 607 of this title, to corporations incorporated under a Federal law of the United States or incorporated under the laws of a State or Territory of the United States, other than the State in which the privilege is requested, said permits to confer the same rights and benefits upon such corporations as are conferred upon corporations incorporated in the State in which the privilege is to be exercised: Provided, That all such corporations shall first have complied with the laws of that State so as to entitle them to do business therein; but nothing herein shall operate to enlarge the rights of any railway company to cut timber on the public domain. (Jan. 11, 1921, ch. 22, 41 Stat. 1088.)

§ 613. Same; limitations of use of timber taken not to apply to certain territory.

The provisions of section 607 of this title, limiting the use of timber taken from public lands to residents of the State in which such timber is found, for use within said State, shall not apply to the south slope of Pryor Mountains, in the State of Montana, lying south of the Crow Reservation, west of the Big Horn River, and east of Sage Creek; but within the above-described boundaries the provisions of said section shall apply equally to the residents of the States of Wyoming and Montana, and to the use of timber taken from the above-described tract in either of the above-named States. (Mar. 3, 1891, ch. 561, § 8, 26 Stat. 1099; Mar. 3, 1901, ch. 862, 31 Stat. 1439.)

§ 614. Sale of timber killed or damaged by forest fires. The Secretary of the Interior is authorized, under such rules as he may prescribe, to sell and dispose of to the highest bidder, at public auction or through sealed bids, dead or down timber, or timber which has been seriously or permanently damaged by forest fires, on any lands of the United States, outside the boundaries of national forests, including those embraced in unperfected claims under any of the public land laws, also upon the ceded Indian lands, the proceeds of all such sales to be covered into the Treasury of the United States: Provided, That such dead, down, or damaged timber upon any lands embraced in an existing claim shall be disposed

of only upon the application or with the written consent of such claimant, and the money received from the sale of such timber on any such lands shall be kept in a special fund to await the final determination of the claim. (Mar. 4, 1913, ch. 165, § 1, 37 Stat. 1015; July 3, 1926, ch. 779, § 1, 44 Stat. 890.)

§ 615. Disposal of proceeds of sale of burnt timber on existing claim.

Upon the certification of the Secretary of the Interior that any claim under section 614 of this title has been finally approved and patented, the Secretary of the Treasury is authorized and directed to pay to such claimant, his heirs, or legal representatives, the money received from the sale of such timber upon his land, after deducting therefrom the expenses of the sale; and upon the certification of the Secretary of the Interior that any such claim has been finally rejected and canceled, the Secretary of the Treasury is authorized and directed to transfer the money derived from the sale of such timber upon the lands embraced in such claim to the general fund in the Treasury derived from the sale of public lands, unless by legislation the lands from which the timber had been removed, had been theretofore appropriated to the benefit of an Indian tribe or otherwise, in which event the net proceeds derived from the sale of the timber shall be transferred to the fund of such tribe or otherwise credited or distributed as by law provided. (Mar. 4, 1913, ch. 165, § 2, 37 Stat. 1016; July 3, 1926, ch. 779, § 2, 44 Stat. 891.)

§ 616. Exportation of timber cut on national forest or public land in Alaska.

Timber lawfully cut on any national forest, or on the public lands in Alaska, may be exported from the State or Territory where grown if, in the judgment of the Secretary of the department administering the national forests, or the public lands in Alaska, the supply of timber for local use will not be endangered thereby, and the respective Secretaries concerned are authorized to issue rules and regulations to carry out the purposes of this section. (Apr. 12, 1926, ch. 117, 44 Stat. 242.)

Chapter 5.-PROTECTION OF FUR SEALS AND OTHER FUR-BEARING ANIMALS

Sec.

631. Control of fur seal, salmon, and other fisheries in Alaska by Department of the Interior.

631a. Definitions. 631b. Pelagic sealing, sealing, or sea otter hunting in certain waters of North Pacific prohibited; use of ports of United States; importing illegally taken skins.

631c. Natives permitted to carry on pelagic sealing or sea otter hunting.

631d. Killing of seals on Pribilof Islands, other islands, and shores of waters under United States jurisdiction; permission to designated Fish and Wildlife Service officers and employees and Alaskan natives; pelagic sealing in emergencies. 631e. Sale of seal or sea otter skins; deposit of proceeds. 6311. Pribilof Islands a special reservation; landing on islands unlawful; penalties.

631g. Employment of Pribilof Islands natives in killing seals and curing skins.

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Section, acts Feb. 14, 1903, ch. 552, § 7, 32 Stat. 828; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, is set out as section 220 of Title 48, Territories and Insular Possessions. § 631a. Definitions.

When used in sections 631a-631q of this title(a) "Pelagic sealing" means the killing, capturing, or pursuing, or the attempted killing, capturing, or pursuing of fur seals at sea, whether within or without the territorial waters of the United States.

(b) "Sealing" means the killing, capturing, or pursuing, or the attempted killing, capturing, or pursuing, of fur seals in or on any lands or waters subject to the jurisdiction of the United States.

(c) "Sea otter hunting" means the killing, capturing, or pursuing, or the attempted killing, capturing, or pursuing, of sea otters at sea, except in waters subject to the jurisdiction of the United States where other laws are applicable.

(d) "Person" includes individual, association, partnership, and corporation.

(e) "Secretary" means the Secretary of the Interior.

(f) "Fur-seal agreement" means the provisional fur-seal agreement between the United States and Canada effected by an exchange of notes signed at Washington on December 8, 1942, and on December 19, 1942, and any other treaty, convention or other agreement hereafter entered into by the United States for the protection of fur seals.

(g) "North Pacific Ocean" includes the Bering Sea.

(h) "Import" means land on or bring into, or attempt to land on or bring into, any place subject to the jurisdiction of the United States. (Feb. 26, 1944, ch. 65, § 1, 58 Stat. 100.)

REPEALS

Section 18 of act Feb. 26, 1944, provided: "All Acts and parts of Acts inconsistent with the provisions of this Act,

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