16 Usc 551

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and June 19, 2006]
[CITE: 16USC551]

TITLE 16--CONSERVATION

CHAPTER 3--FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT

SUBCHAPTER I--GENERAL PROVISIONS

Sec. 551. Protection of national forests; rules and regulations

The Secretary of Agriculture shall make provisions for the
protection against destruction by fire and depredations upon the public
forests and national forests which may have been set aside or which may
be hereafter set aside under the provisions of section 471 \1\ of this
title, and which may be continued; and he may make such rules and
regulations and establish such service as will insure the objects of
such reservations, namely, to regulate their occupancy and use and to
preserve the forests thereon from destruction; and any violation of the
provisions of this section, sections 473 to 478 and 479 to 482 of this
title or such rules and regulations shall be punished by a fine of not
more than $500 or imprisonment for not more than six months, or both.
Any person charged with the violation of such rules and regulations may
be tried and sentenced by any United States magistrate judge specially
designated for that purpose by the court by which he was appointed, in
the same manner and subject to the same conditions as provided for in
section 3401(b) to (e) of title 18.
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\1\ See References in Text note below.
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(June 4, 1897, ch. 2, Sec. 1, 30 Stat. 35; Feb. 1, 1905, ch. 288,
Sec. 1, 33 Stat. 628; Pub. L. 87-869, Sec. 6, Oct. 23, 1962, 76 Stat.
1157; Pub. L. 88-537, Aug. 31, 1964, 78 Stat. 745; Pub. L. 90-578, title
IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

Repeals

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
insofar as applicable to the issuance of rights-of-way over, upon,
under, and through the public lands and lands in the National Forest
System.

References in Text

Section 471 of this title, referred to in text, was in the original
a reference to act Mar. 3, 1891, 26 Stat. 1103, and was repealed by Pub.
L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.

Codification

``National forests'' substituted in text for ``forest reservations''
on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which
provided that forest reserves shall hereafter be known as national
forests.

Amendments

1964--Pub. L. 88-537 provided that persons charged with violation of
such rules and regulations may be tried and sentenced by any United
States commissioner specially designated for that purpose by the court
by which he was appointed, in the same manner as in section 3401(b) to
(e) of title 18.
1962--Pub. L. 87-869 substituted ``by a fine of not more than $500
or imprisonment for not more than six months, or both'' for ``as is
provided for in section 104 of title 18''.

Change of Name

``United States magistrate judge'' substituted for ``United States
magistrate'' in text pursuant to section 321 of Pub. L. 101-650, set out
as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ``United States magistrate'' substituted for
``United States commissioner'' pursuant to Pub. L. 90-578. See chapter
43 (Sec. 631 et seq.) of Title 28.

Short Title of 1990 Amendment

Pub. L. 101-286, Sec. 1, May 9, 1990, 104 Stat. 171, provided that:
``This Act [enacting sections 551b and 551c of this title, amending
sections 18i and 558c of this title and section 1737 of Title 43, Public
Lands, and enacting provisions set out as notes under this section and
section 551b of this title] may be cited as the `Wildfire Disaster
Recovery Act of 1989'.''

Savings Provision

Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90
Stat. 2793, insofar as applicable to the issuance of rights-of-way, not
to be construed as terminating any valid lease, permit, patent, etc.,
existing on Oct. 21, 1976, see note set out under section 1701 of Title
43, Public Lands.

Transfer of Functions

Enforcement functions of Secretary or other official in Department
of Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, related to compliance with provisions
of sections 473, 474 to 482, and 551 of this title with respect to pre-
construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade. Functions and authority vested in Secretary of Energy
subsequently transferred to Federal Coordinator for Alaska Natural Gas
Transportation Projects by section 720d(f) of Title 15.
Act Feb. 1, 1905, transferred certain functions with regard to
administration of public forests from Secretary of the Interior to
Secretary of Agriculture.

National Commission on Wildfire Disasters

Pub. L. 101-286, title I, May 9, 1990, 104 Stat. 171, established a
National Commission on Wildfire Disasters to study the effects of
disastrous wildfires, resulting from natural or other causes, and to
make recommendations concerning steps necessary for smooth and timely
transition from loss of natural resources due to such fires, directed
the Commission to make findings and develop recommendations for
consideration by the Secretaries of Agriculture and the Interior with
respect to future management of National Forest System lands, national
parks, Bureau of Land Management public lands, and community
redevelopment activities and programs, directed the Commission to submit
to the Secretaries of Agriculture and the Interior, not later than Dec.
1, 1991, a report containing its findings and recommendations, directed
the Secretaries to submit the report to specific committees of Congress,
and provided for the Commission to cease 90 days after submission of the
report.

Existing Rights-of-Way

Provisions of section 706(a) of Pub. L. 94-579, Oct. 21, 1976, 90
Stat. 2793, except as pertaining to rights-of-way, not to be construed
as affecting the authority of the Secretary of Agriculture under this
section, see note set out under section 1701 of Title 43, Public Lands.