Nothing in sections 473 to 478, 479 to 482 and 551 of this title shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of national forests, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of Agriculture. Nor shall anything in such sections prohibit any person from entering upon such national forests for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof. Such persons must comply with the rules and regulations covering such national forests.
Notes of Decisions
Karuk Tribe v. United States Forest Serv., 681 F.3d 1006 (9th Cir. 2012).
· cites it 4× “See 16 U.S.C. § 478 (miners entering federal forest lands “must comply with the rules and regulations covering such national forests”); see also United States v.”
Montana Wilderness Ass'n v. United States Forest Serv., 496 F. Supp. 880 (D. Mont. 1980).
· cites it 12× “In that Opinion, the Attorney General concluded that 16 U.S.C. § 478 upon which the Forest Service had previously relied to find a right of access did not provide such a right.”
United States, & State of Idaho, Dep't of Lands, Intervenor v. E. B. Weiss, James Click, Sr., Orral W. Lake, H. G. King & Orson Baier, 642 F.2d 296 (9th Cir. 1981).
· cites it 4× “36 and 35, 16 U.S.C. §§ 478 and 551, do not authorize the adoption of these regulations.”
Joshua Bohmker v. State of Oregon, 903 F.3d 1029 (9th Cir. 2018).
· cites it 2× “” 16 U.S.C. § 478 . It also provides, however, that “[s]uch persons must comply with the rules and regulations covering such national forests.”
Okanogan Highlands All. v. Williams, 236 F.3d 468 (9th Cir. 2000).
· cites it 5× “§§ 4321 -4370d, and the APA; and (3) the Forest Service failed to select the most environmentally preferable, but still profitable, project alternative that it considered, in violation of 16 U.S.C. §§ 478 and 551 (the Organic Act).”
Fitzgerald v. United States, 932 F. Supp. 1195 (D. Ariz. 1996).
· cites it 3× “§ 478 states, in part: Nothing [in the Organic Act] shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of national forests, or from crossing the same to and from their property or homes; and such wagon roads and other…”
Freese v. United States, 6 Cl. Ct. 1 (Ct. Cl. 1984).
· cites it 3× “16 U.S.C. § 478 (1982); 30 U.S.C. § 181 (1982).”
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