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43 U.S.C. § 2606 — Oregon and California Railroad revested lands and Coos Bay Wagon Road reconveyed lands
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of law, with respect to the Oregon and California Railroad grant land revested in the United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Coos Bay Wagon Road grant land reconveyed to the United States by the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937 ([43 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2601&num=0&edition=prelim) et seq.), the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall not be required to engage in consultation under any law (including section 7 of Public Law 93–205 ([16 U.S.C. 1536](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1536&num=0&edition=prelim)) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to—
(1) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to Public Law 93–205 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), if a land use plan has been adopted by the Secretary of the Interior as of the date of listing or designation; and
(2) any provision of a land use plan adopted as described in paragraph (1).
**(b) Effect of section** Nothing in this section affects any applicable requirement of the Secretary of the Interior to consult with the head of any other Federal department or agency—
(1) regarding a project carried out, or proposed to be carried out, pursuant to Public Law 93–205 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section
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Source file: Laws/federal/codes/united-states-code/title-43/section-2606-oregon-and-california-railroad-revested-lands-and-coos-bay-wagon-road-re--4ac57626d2.md
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Source location: Title 43, Chapter 44, § 2606; chapter-044-oregon-and-california-railroad-and-coos-bay-wagon-road-grant-lands.md
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**(a) In general** Notwithstanding any other provision of law, with respect to the Oregon and California Railroad grant land revested in the United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Coos Bay Wagon Road grant land reconveyed to the United States by the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937 ([43 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2601&num=0&edition=prelim) et seq.), the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall not be required to engage in consultation under any law (including section 7 of Public Law 93–205 ([16 U.S.C. 1536](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1536&num=0&edition=prelim)) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to—
(1) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to Public Law 93–205 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), if a land use plan has been adopted by the Secretary of the Interior as of the date of listing or designation; and
(2) any provision of a land use plan adopted as described in paragraph (1).
**(b) Effect of section** Nothing in this section affects any applicable requirement of the Secretary of the Interior to consult with the head of any other Federal department or agency—
(1) regarding a project carried out, or proposed to be carried out, pursuant to Public Law 93–205 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), including any requirement to consult regarding the consideration of the cumulative impacts of completed, ongoing, and planned projects; or
(2) with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any provisions in the Acts of June 9, 1916 (39 Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and power-site lands valuable for timber, shall be managed, except as provided in section 3 11 See References in Text note below. hereof, for permanent forest production, and the timber thereon shall be sold, cut, and removed in conformity with the principal 22 So in original. Probably should be “principle”. of sustained yield for the purpose of providing a permanent source of timber supply, protecting watersheds, regulating stream flow, and contributing to the economic stability of local communities and industries, and providing recreational facilties: 33 So in original. Probably should be “facilities:”. Provided, That nothing in this section shall be construed to interfere with the use and development of power sites as may be authorized by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal agency actions and consultations**
(1) The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter. All other Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered species and threatened species listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim).
(2) Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an “agency action”) is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical, unless such agency has been granted an exemption for such action by the Committee pursuant to subsection (h) of this section. In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available.
(3) Subject to such guidelines as the Secretary may establish, a Federal agency shall consult with the Secretary on any prospective agency action at the request of, and in cooperation with, the prospective permit or license applicant if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
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Federal law — U.S. Code and appendices · legal_authorities
Page 1922
TITLE 16—CONSERVATION
§ 1536
sion of this chapter; but such prohibition
shall expire 90 days after the date of its im-
position unless the Secretary further ex-
tends such prohibition by publishing notice
and a statement of justification of such ex-
tension.
(h) Regulations
The Secretary is authorized to promulgate
such regulations as may be appropriate to carry
out the provisions of this section relating to fi-
nancial assistance to States.
(i) Appropriations
(1) To carry out the provisions of this section
for fiscal years after September 30, 1988, there
shall be deposited into a special fund known as
the cooperative endangered species conservation
fund, to be administered by the Secretary, an
amount equal to 5 percent of the combined
amounts covered each fiscal year into the Fed-
eral aid to wildlife restoration fund under sec-
tion 669b of this title, and paid, transferred, or
otherwise credited each fiscal year to the Sport
Fishing Restoration Account established under
1016 of the Act of July 18, 1984.
(2) Amounts deposited into the special fund
are authorized to be appropriated annually and
allocated in accordance with subsection (d) of
this section.
(Pub. L. 93–205, § 6, Dec. 28, 1973, 87 Stat. 889; Pub.
L. 95–212, Dec. 19, 1977, 91 Stat. 1493; Pub. L.
95–632, § 10, Nov. 10, 1978, 92 Stat. 3762; Pub. L.
96–246, May 23, 1980, 94 Stat. 348; Pub. L. 97–304,
§§ 3, 8(b), Oct. 13, 1982, 96 Stat. 1416, 1426; Pub. L.
100–478, title I, § 1005, Oct. 7, 1988, 102 Stat. 2307.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’ or ‘‘This Act’’, meaning Pub. L. 93–205, Dec.
28, 1973, 81 Stat. 884, known as the Endangered Species
Act of 1973, which is classified principally to this chap
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1536
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Federal law — U.S. Code and appendices · legal_authorities
Page 643
TITLE 43—PUBLIC LANDS
§ 2601
1 See References in Text note below.
2 So in original. Probably should be ‘‘principle’’.
Editorial Notes
CODIFICATION
Section was formerly classified to section 1166 of this
title prior to editorial reclassification and renumbering
as this section.
§ 2507. Entries and final proofs, made out of
proper district, confirmed
Whenever it shall appear to the Secretary of
the Interior, or such officer as he may designate,
that an error was made prior to March 9, 1904, by
the officers of any local land office in receiving
any application, declaratory statement, entry,
or final proof under the homestead or other land
laws, and that there was no fraud practiced by
the entryman, and that there are no prior ad-
verse claimants to the land described in the
entry, and that no other reason why the title
should not vest in the entryman exists, except
that said application, declaratory statement,
entry, or proof was not made within the land
district in which the lands applied for were situ-
ated, as provided by the Act of March 11, 1902,
such entry or proof shall be confirmed.
(Mar. 9, 1904, ch. 503, § 1, 33 Stat. 64; 1946 Reorg.
Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60
Stat. 1100.)
Editorial Notes
REFERENCES IN TEXT
Act of March 11, 1902, referred to in text, probably
means act Mar. 11, 1902, ch. 182, 32 Stat. 63, which was
classified to section 254 of this title, prior to repeal by
Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787.
For complete classification of this Act to the Code, see
Tables.
CODIFICATION
Section was formerly classified to section 1167 of this
title prior to editorial reclassification and renumbering
as this section.
Statutory Notes and Related Subsidiaries
EFFECTI
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 2601
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Federal law — U.S. Code and appendices · legal_authorities
Page 645
TITLE 43—PUBLIC LANDS
§ 2606
tions, to consult with the Oregon State Board of
Forestry, representatives of timber owners and
operators on or contiguous to said revested and
reconveyed lands, and other persons or agencies
interested in the use of such lands.
In formulating regulations for the protection
of such timberlands against fire, the Secretary
is authorized, in his discretion, to consult and
advise with Federal, State, and county agencies
engaged in forest-fire-protection work, and to
make agreements with such agencies for the co-
operative administration of fire regulations
therein: Provided, That rules and regulations for
the protection of the revested lands from fire
shall conform with the requirements and prac-
tices of the State of Oregon insofar as the same
are consistent with the interests of the United
States.
(Aug. 28, 1937, ch. 876, title I, § 5, 50 Stat. 875.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in text, was in the origi-
nal ‘‘this Act’’, meaning act Aug. 28, 1937, ch. 876, 50
Stat. 874, which is classified principally to this sub-
chapter. For complete classification of this Act to the
Code, see Tables.
CODIFICATION
Section was formerly classified to section 1181e of
this title prior to editorial reclassification and renum-
bering as this section.
§ 2605. Oregon and California land-grant fund;
annual distribution of moneys
On and after March 1, 1938, all moneys depos-
ited in the Treasury of the United States in the
special fund designated the ‘‘Oregon and Cali-
fornia land-grant fund’’ shall be distributed an-
nually as follows:
(a) Fifty per centum to the counties in which
the lands revested under the Act of June 9, 1916
(39 Stat. 218), are situated, to be payable on or
after June 3
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 2606
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