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43 U.S.C. § 1715 — Acquisitions of public lands and access over non-Federal lands to National Forest System units

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1715 — Acquisitions of public lands and access over non-Federal lands to National Forest System units

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Stable record: federal_law:legal_authorities:record_usc_951c0de9d2cdeeb1a6b6676f
Source file: Laws/federal/codes/united-states-code/title-43/section-1715-acquisitions-of-public-lands-and-access-over-non-federal-lands-to-nation--f1da9dad7b.md
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Source location: Title 43, Chapter 35, § 1715; chapter-035-federal-land-policy-and-management.md

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**(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture** Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the authority of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System. **(b) Conformity to departmental policies and land-use plan of acquisitions** Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans. **(c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within National Forest System boundaries** Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or [section 1716 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1716&num=0&edition=prelim) shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public lands. If such acquired lands or interests in lands are located within the exterior boundaries of a grazing district established pursuant to [section 315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315&num=0&edition=prelim), they shall become a part of that district. Lands and interests in lands acquired pursuant to this section which are within boundaries of the National Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest System lands and subject to all the laws, rules, and regulations applicable thereto. **(d) Status of lands and interests in lands upon acquisition by Secretary of Agriculture** Lands and interests in lands acquired by the Secretary of Agriculture pursuant to this section shall, upon acceptance of title, become National Forest System lands subject to all the laws, rules, and regulations applicable thereto. **(e) Status and administration of lands acquired in exchange for lands revested in or reconveyed to United States** Lands acquired by the Secretary pursuant to this section or [section 1716 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1716&num=0&edition=prelim) in exchange for lands which were revested in the United States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218) or reconveyed to the United States pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be considered for all purposes to have the same status as, and shall be administered in accordance with the same provisions of law applicable to, the revested or reconveyed lands exchanged for the lands acquired by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1716 — Exchanges of public lands or interests therein within the National Forest System

**(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture** A tract of public land or interests therein may be disposed of by exchange by the Secretary under this Act and a tract of land or interests therein within the National Forest System may be disposed of by exchange by the Secretary of Agriculture under applicable law where the Secretary concerned determines that the public interest will be well served by making that exchange: Provided, That when considering public interest the Secretary concerned shall give full consideration to better Federal land management and the needs of State and local people, including needs for lands for the economy, community expansion, recreation areas, food, fiber, minerals, and fish and wildlife and the Secretary concerned finds that the values and the objectives which Federal lands or interests to be conveyed may serve if retained in Federal ownership are not more than the values of the non-Federal lands or interests and the public objectives they could serve if acquired. **(b) Implementation requirements; cash equalization waiver** In exercising the exchange authority granted by subsection (a) or by [section 1715(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1715/a&num=0&edition=prelim), the Secretary concerned may accept title to any non-Federal land or interests therein in exchange for such land, or interests therein which he finds proper for transfer out of Federal ownership and which are located in the same State as the non-Federal land or interest to be acquired. For the purposes of this subsection, unsurveyed school sections which, upon survey by the Secretary, would become State lands, shall be considered as “non-Federal lands”.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 315 — Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights

In order to promote the highest use of the public lands pending its final disposal, the Secretary of the Interior is authorized, in his discretion, by order to establish grazing districts or additions thereto and/or to modify the boundaries thereof, of vacant, unappropriated, and unreserved lands from any part of the public domain of the United States (exclusive of Alaska), which are not in national forests, national parks and monuments, Indian reservations, revested Oregon and California Railroad grant lands, or revested Coos Bay Wagon Road grant lands, and which in his opinion are chiefly valuable for grazing and raising forage crops: Provided, That no lands withdrawn or reserved for any other purpose shall be included in any such district except with the approval of the head of the department having jurisdiction thereof. Nothing in this subchapter shall be construed in any way to diminish, restrict, or impair any right which has been heretofore or may be hereafter initiated under existing law validly affecting the public lands, and which is maintained pursuant to such law except as otherwise expressly provided in this subchapter nor to affect any land heretofore or hereafter surveyed which, except for the provisions of this subchapter, would be a part of any grant to any State, nor as limiting or restricting the power or authority of any State as to matters within its jurisdiction. Whenever any grazing district is established pursuant to this subchapter, the Secretary shall grant to owners of land adjacent to such district, upon application of any such owner, such rights-of-way over the lands included in such district for stock-driving purposes as may be necessary for the convenient access by any such owner to marketing facilities or to lands not within such district

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 315

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1715 — Acquisitions of public lands and access

Page 535 TITLE 43—PUBLIC LANDS § 1715 drawals other than those made by Act of the Congress in accordance with the recommenda- tions of the President unless before the end of ninety days (not counting days on which the Senate and the House of Representatives has ad- journed for more than three consecutive days) beginning on the day the report of the President has been submitted to the Senate and the House of Representatives the Congress has adopted a concurrent resolution indicating otherwise. If the committee to which a resolution has been referred during the said ninety day period, has not reported it at the end of thirty calendar days after its referral, it shall be in order to ei- ther discharge the committee from further con- sideration of such resolution or to discharge the committee from consideration of any other reso- lution with respect to the Presidential rec- ommendation. A motion to discharge may be made only by an individual favoring the resolu- tion, shall be highly privileged (except that it may not be made after the committee has re- ported such a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion to discharge is agreed to or dis- agreed to, the motion may not be made with re- spect to any other resolution with respect to the same Presidential recommendation. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1715

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