16 U.S.C. § 580p — “Woodsy Owl” and “Smokey Bear” characters and names; definitions

This section defines three terms used throughout the Act that created these characters. (1) "Woodsy Owl" means the name and picture of a fanciful owl. He wears slacks that are forest green when colored, and a belt that is brown when colored. He also wears a Robin Hood-style hat, forest green when colored, with a red feather. Woodsy Owl promotes the slogan "Give a Hoot, Don't Pollute." The Forest Service of the U.S. Department of Agriculture created this character and slogan. (2) "Smokey Bear" means the name and character "Smokey Bear." The Forest Service created Smokey Bear too. It worked with the Association of State Foresters and the Advertising Council to develop him. (3) "Secretary" means the Secretary of Agriculture. Any time the Act uses the word "Secretary," it is talking about this official.

The record indicates that this section originated with Public Law 93–318, section 1, enacted June 22, 1974, and published at 88 Stat. 244. According to the source credit, the section has been the subject of one subsequent amendment, though the credit itself does not specify the substance of that change. Historical context for this provision is only partly established by the public record. Public Law 93–318 is generally understood to be the statute through which Congress placed the "Smokey Bear" and "Woodsy Owl" names and characters under federal protection, extending legal recognition and control over their commercial and promotional use. Smokey Bear had been developed by the Forest Service, in cooperation with the Association of State Foresters and the Advertising Council, as part of a long-running public awareness campaign concerning forest fire prevention. Woodsy Owl was similarly created by the Forest Service to promote anti-pollution and conservation messaging, reflected in the associated slogan quoted in the statutory text. The commonly cited purpose of this type of legislation was to safeguard these federally originated characters from unauthorized commercial exploitation, thereby preserving the integrity of the public education campaigns they represented. Beyond this general understanding, the record does not establish the specific legislative motivations, debates, or concerns that led Congress to enact the definitional provisions found in this particular section.