* Act of April 24, 1950 (P.L. 81-478, Ch. 97, 64 Stat. 82; 16 U.S.C. 490, 504a, 555, 557, 571c, 572, 579a, 580c-l, 581i-l)

Sec. 1. Notwithstanding the provisions of existing law and without regard to section 255 of title 40, but within the limitations of cost otherwise applicable, appropriations of the Forest Service may be expended for the erection of build-ings, lookout tow-ers, and other structures on land owned by States, counties, munici-pali-ties, or other political subdivi-sions, corporations, or indi-viduals: Provided, That prior to such erec-tion, there is obtained the right to use the land for the estimat-ed life of or need for the structure, including the right to remove any such struc-ture within a reasonable time after the termination of the right to use the land. (16 U.S.C. 571c)

Procurement of Nursery Stock

Sec. 2. Amends P.L. 63-122.

Purchase of Experimental Materials, Special Devices, Test Models, etc.

Sec. 3. The provisions of section 5 of Title 41 shall not apply to purchases by the Forest Service of (1) materials to be tested or upon which experiments are to be made or (2) special devices, test models, or parts thereof, to be used (a) for experimentation to determine their suitability for or adaptability to accomplishment of the work for which designed or (b) in the design-ing or developing of new equip-ment: Provided, That not to exceed $50,000 may be expended in any one fiscal year pursuant to this authority and not exceed $10,000 on any one item or purchase.

(16 U.S.C. 580c)

Aerial Operation Procurement

Sec. 4. Amends P.L. 78-425. Section 205 of the De-partment of Agriculture Organic Act of 1944, approved September 21, 1944 (58 Stat. 736), as amended by the Act of April 24, 1950 (64 Stat. 82) is hereby further amended to read as follows:

"Sec. 205. The Forest Service by contract or otherwise may provide for procurement and operation of aerial facilities and services for the protection and management of the National Forests and other lands administered by it, including the furnishing, at the airbase, of facilities, equipment, materials and the preparation, mixing and loading into aircraft, with authority to renew any contract for such purpose annually, not more than twice, without additional advertising." (16 U.S.C. 579a)

Assisting to Perform Work on Other Jurisdictions

Sec. 5. Amends P.L. 68-575. Section 1 of the Act of March 3, 1925 (43 Stat. 1132; 16 U.S.C. 572), is hereby amended to read as follows:

"Sec. 1. (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 Nation-al Forests or other lands adminis-tered by the Forest Service.

"(c) Moneys deposited under this section shall be covered into the Treasury and shall constitute a spe-cial fund, which is hereby made available until expended for pay-ment of the cost of work performed by the Forest Service and for re-funds 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 in-volved will be made on a propor-tionate basis: Provided further, That when so provided by written agreement payment for work under-taken pursuant to this section may be made from any Forest Service appropriation available for similar types of work, and reimbursement received from said agencies, organi-zations, 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 fur-nishes 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". (16 U.S.C. 572)

Deposits From Timber Purchasers

Sec. 6. Amends P.L. 64-190. So much of the Act of August 11, 1916 (39 Stat. 446, 462; 16 U.S.C. 490), as provides: "That hereafter depos-its may be received from timber purchases in such sums as the Sec-retary of Agriculture may require to cover the cost to the United States of [disposing] of brush and other debris resulting from cutting opera-tions in sales of National Forest timber; such depos-its shall be cov-ered into the Trea-sury and shall constitute a special fund, which is hereby appropriated and made avail-able until expended, as the Secretary of Agriculture may direct, to pay the cost of such work and to make refunds to the deposi-tors of amounts deposited by them in excess of such cost.", is hereby amended to read as follows: "Pur-chasers of National Forest timber may be required by the Secretary of Agriculture to de-posit the estimated cost to the Unit-ed States of dispos-ing of brush and other debris result-ing from their cutting opera-tions, such deposits to be covered into the Treasury and constitute a special fund, which is hereby appropriated and shall re-main available until expended: Provided, That any deposits in ex-cess of the amount expended for disposals shall be transferred to miscellaneous receipts, forest-reserve fund, to be credited to the receipts of the year in which such transfer is made.". (16 U.S.C. 490)

Federally Owned Structures and Improvements

Sec. 7. The Secretary of Agriculture, under such regulations as he may prescribe and at rates and for periods not exceeding thirty years as determined by him, is hereby authorized to permit the use by public and private agencies, corporations, firms, associations, or individuals, of structures or improvements under the administrative control of the Forest Service and land used in connection therewith: Provided, That as all or a part of the consideration for permits issued under this section, the Secretary may require the permittees at their expense to recondition and maintain the struc-tures and land to a satisfactory stan-dard. (16 U.S.C. 580d)

Providing Meals and Lodging to Other Than Employees

Sec. 8. The Secretary of Agri-cul-ture is authorized to furnish per-sons attending Forest Service dem-onstra-tions, and users of National Forest resources and recreational facilities, with meals, lodging, bed-ding, fuel, and other services, where such facil-ities are not otherwise avail-able, at rates approximating but not less than the actual or estimated cost thereof and to deposit all mon-eys received therefor to the credit of the appropriation from which the cost thereof is paid, or a similar appro-priation current at the time the mon-eys are received; Provided, That such receipts obtained in ex-cess of $10,000 in any one fiscal year shall be deposited in the Trea-sury as miscellaneous receipts. (16 U.S.C. 580e)

Sales of Nursery Stock

Sec. 9. The Secretary of Agri-cul-ture is authorized, subject to such conditions as he may prescribe, to sell forest-tree seed and nursery stock to States and political subdi-vi-sions thereof and to public agen-cies of other countries, at rates not less than the actual or estimated cost to the United States of procuring or producing such seed or nursery stock, moneys received from the sale thereof to be credited to the appropriation or appropriations of the Forest Service currently avail-able for the procurement or produc-tion of seed or nursery stock at the time such moneys are deposited: Provided, That the Secretary of Agriculture may exchange with such public agencies forest-tree seed and nursery stock for forest-tree seed or nursery stock of the same or differ-ent species upon a determination that such exchange does not exceed the value of the property received: Provided further, That no nursery stock shall be sold or exchanged under this section as ornamental or other stock for landscape planting of the types commonly grown by established commercial nursery men. (16 U.S.C. 504a)

Telephone Installation

Sec. 10. Notwithstanding the provisions of section 7 of the Act of August 23, 1912, as amended (31 U.S.C. 679), appropriations for the protection and management of the National Forests and other lands administered by the Forest Service shall be available to pay for tele-phone service installed in residences of employees and of persons coop-erating with the Forest Service who reside within or near such lands when such installation is determined by the Secretary of Agriculture to be needed in protecting such lands: Provided, That in addition to the monthly local service charge the Government may pay only such tolls or other charges as are required strictly for the public business. (16 U.S.C. 580f)

Seeding Leased Rangeland

Sec. 11. Whenever such action is deemed to be in the public interest, the Secretary of Agriculture is au-thorized to pay from any appropria-tion available for the protection and management of the National Forests all or any part of the cost of leasing, seeding, and protective fencing of public rangeland (other than National Forest land) and privately owned land intermingled with or adjacent to National Forest or other land administered by the For-est Service, if the use of the land to be seeded is controlled by the Forest Service under a lease or agreement which in the judgment of the Chief of the Forest Service gives the For-est Service control over the land for a sufficient period to justify such expenditures: Provided, That pay-ment may not be made under au-thority of this section for the seed-ing of more than one thou-sand acres in any one private own-ership: Pro-vided further, That pay-ment may not be made under au-thority of this section for the seed-ing of more than twenty-five thou-sand acres in any one fiscal year: Provided further, That the period of any lease under this authority may not exceed twen-ty years. (16 U.S.C. 580g)

Use of Grazing Receipts for Range Improvements

Sec. 12. Of the moneys received from grazing fees by the Treasury from each National Forest during each fiscal year there shall be avail-able at the end thereof when appro-priated by Congress an amount equivalent to 2 cents per animal-month for sheep and goats and 10 cents per animal-month for other kinds of livestock under per-mit on such National Forest during the calendar year in which the fiscal year begins, which appropriated amount shall be available until ex-pended on such National Forest, under such regulations as the Secre-tary of Agriculture may prescribe, for (1) artificial revegetation, in-clud-ing the collection or purchase of necessary seed; (2) construction and maintenance of drift or division fences and stock-watering places, bridges, corrals, driveways, or other necessary range improvements; (3) control of range-destroying rodents; or (4) eradication of poisonous plants and noxious weeds, in order to protect or improve the future productivity of the range. (16 U.S.C. 580h)

Land Acquisition for Buildings

Sec. 13. Section 5 of the Act of March 3, 1925 (43 Stat. 1133; 16 U.S.C. 555), is hereby amended to read as follows: (See P.L. 68-575) (16 U.S.C. 555)

Funds Authorized to be Appro-pri-ated

Sec. 14. There are hereby autho-rized to be appropriated-

(a) such sums as may be neces-sary for the acquisition of parcels of land and interests in land in Sanders County, Montana, needed by the Forest Service to provide winter range for its saddle, pack, and draft animals;

(b) not to exceed $50,000 for the acquisition of additional land adja-cent to the present site of the Forest Products Laboratory at Madison, Wisconsin; and

(c) not to exceed $25,000 for the acquisition of one helicopter landing site in southern California. Land acquired under this section may be subject to such reservations and outstanding interests as the Secre-tary of Agriculture determines will not interfere with the purpose for which acquired. (16 U.S.C. 580i)

Assistance to Disabled Transient Employees

Sec. 15. Section 6 of the Act of March 3, 1925 (43 Stat. 1133; 16 U.S.C. 557), is hereby amended by substituting a colon for the period at the end thereof and adding the fol-lowing: (See P.L. 68-575) (16 U.S.C. 557)

Benefits to Injured Employees

Sec. 16. Appropriations of the Forest Service chargeable with sala-ries and wages shall be available for payment to temporary employees of the Forest Service for loss of time due to injury in official work at rates not in excess of those pro-vided by the United States Employees' Compensation Act, as amended (5 U.S.C. 8102 and the following), when the injured person is in need of immediate financial assistance to avoid hardship: Pro-vided, That such payment shall not be made for a period in excess of fifteen days and the United States Employees' Compensation Commis-sion shall be notified promptly of the amount so paid, which amount shall be deduct-ed from the amount, if any, other-wise payable by the United States Employees' Compensation Commission to the employee on account of the injury, the amount so deducted by the Commission to be paid to the Forest Service for deposit to the credit of the Forest Service appro-priation from which the expenditure was made: Provid-ed further, That when any person assisting in the suppression of forest fires or in other emergency work under the direction of the Forest Service, without compensation from the United States, pursuant to the terms of a contract, agreement, or permit, is injured in such work, the Forest Service may furnish hospital-ization and other medical care, subsistence, and lodging for a period of not to exceed fifteen days during such disability, the cost thereof to be payable from the appropriation applicable to the work upon which the injury occurred, except that this proviso shall not apply when such person is within the purview of a State or other compensation Act: Provided further, That determination by the Forest Service that payment is allowable under this section shall be final as to payments made here-under, but such determination or payments with respect to employees shall not prevent the United States Employees Compensation Commis-sion from denying further payments should the Commission determine that compensation is not properly allowable under the provisions of the Employees' Compensation Act. (16 U.S.C. 580j)

Sec. 17. (a) Section 2 of the Act of March 3, 1925 (43 Stat. 1132; 16 U.S.C. 571); the second proviso in section 1 of the Act of May 22, 1928 (45 Stat. 699; 16 U.S.C. 581); and section 1 of the Act of May 27, 1930 (46 Stat. 387; 16 U.S.C. 573), are hereby repealed.

(b) The second proviso in section 13 of the Act of March 1, 1911 (36 Stat. 961, 963), is hereby repealed.

Advisory Boards

Note-Sec. 403 (f) of FLPMA removes authority for Forest Service grazing advisory boards as of Dec. 31, 1985.

Sec. 18. (a) Composition; elec-tion; meetings.-

(1) To provide Na-tional Forest grazing permittees means for the expression of their recommenda-tions concerning the management and administration of National For-est grazing lands, a local advisory board shall be consti-tuted and elect-ed as hereinafter provided for each Na-tional Forest or administrative sub-division thereof whenever a majority of the grazing permittees of such National Forest or administra-tive subdivision so petitions the Secre-tary of Agricul-ture. Each elected local advisory board existing for such purpose at the time of the enactment of this Act, and recog-nized as such by the Department of Agriculture, shall continue to be the local advisory board for the unit or area it represents, until replaced by a local advisory board or boards constituted and elected as hereinaf-ter provided.

(2) Each such local advisory board shall be constituted and elect-ed under rules and regulations, consistent herewith, now or hereafter approved by the Secretary of Agriculture, and shall be recognized by him as representing the grazing permittees of the National Forest or administrative subdivision thereof for which such local advisory board has been constituted and elected.

(3) Each such local advisory board shall consist of not less than three nor more than twelve mem-bers, who shall be National Forest grazing permittees in the area for which such board is constituted, elected, and recognized. In addi-tion, a wild-life representative may be appointed as a member of each such board by the State game com-mission, or the corresponding public body of the State in which the advi-sory board is located, to advise on wildlife prob-lems.

(4) Each such local advisory board shall meet at least once annu-ally, at a time to be fixed by such board, and at such other time or times as its members may deter-mine, or on the call of the chairman thereof or of the Secretary of Agri-culture or his authorized representa-tive.

(b) Advice and recommendations on matters within jurisdiction.--Upon the request of any party af-fected thereby, the Sec-retary of Agriculture, or his duly authorized representative, shall refer to the appropriate local advisory board for its advice and recommen-dations any matter pertaining to (1) the modifi-cation of the terms, or the denial of a renewal of, or a reduc-tion in, a grazing permit, or (2) the establishment or modification of an individual or community allotment. In the event the Secretary of Agri-culture, or his duly authorized repre-senta-tive, shall overrule, disregard, or modify any such recommenda-tions, he, or such representative, shall furnish in writing to the local advi-sory board his reasons for such action.

(c) Notification by Secretary of Agriculture of intention to issue regulations-

(1) At least thirty days prior to the issuance by the Secre-tary of Agri-culture of any regulation under this Act or otherwise, with respect to the administration of grazing on National Forest lands, or of amend-ments or additions to, or modifica-tions in, any such regulation, which in his judgment would substantially modify existing policy with respect to grazing in National Forests, or which would materially affect pref-erences of permittees in the area involved, the local advisory board for each area that will be affected thereby shall be notified of the intention to take such action. If as a result of this notice the Secretary of Agriculture shall receive any recommendation respecting the issuance of the proposed regulation and shall overrule, disregard, or modify any such regulations, he or his representative shall furnish in writing to the local advisory board his reasons for such action.

(2) Any such local advisory board may at any time recommend to the Secre-tary of Agriculture, or his represen-tative, the issuance of regulations or instructions relating to the use of National Forest lands, seasons of use, grazing capacity of such lands, and any other matters affecting the administration of graz-ing in the area represented by such board. (16 U.S.C. 580k)

Permits

Sec. 19. The Secretary of Agri-culture in regulating grazing on the National Forests and other lands administered by him in connection therewith is authorized, upon such terms and conditions as he may deem proper, to issue permits for the grazing of livestock for periods not exceeding ten years and renew-als thereof: Provided, That nothing herein shall be construed as limiting or restricting any right, title, or interest of the United States in any land or resources. (16 U.S.C. 580l)

Cooperative Forestry Re-search

Sec. 20. For the purpose of fostering and stimulating participa-tion with the Forest Service in forest, range, and watershed management research through investigations, experiments, tests, or such other means as he may deem advisable, and in order to aid in obtaining the fullest cooperation from States and other public and private agencies, organizations, institutions, and individuals, in effectuating such research the Secretary of Agriculture is authorized in accordance with such regulations as he may issue and when in his judgment such cooperative work will be stimulated or facilitated to make funds available to the cooperators without regard to the provisions of section 529 of Title 31, prohibiting advances of public moneys. (16 U.S.C. 581i-l)