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16 U.S.C. § 460iii–2 — Establishment

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

16 U.S.C. § 460iii–2 — Establishment

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Stable record: federal_law:legal_authorities:record_usc_efc5497ec42d09657b35bec0
Source file: Laws/federal/codes/united-states-code/title-16/section-460iii2-establishment--848888b9bc.md
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Source location: Title 16, Chapter 1, § 460iii–2; chapter-001-national-parks-military-parks-monuments-and-seashores.md

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**(a) In general** (1) There is hereby established the Morley Nelson Snake River Birds of Prey National Conservation Area. (2) The purposes for which the conservation area is established, and shall be managed, are to provide for the conservation, protection, and enhancement of raptor populations and habitats and the natural and environmental resources and values associated therewith, and of the scientific, cultural, and educational resources and values of the public lands in the conservation area. (3) Subject to the provisions of subsection (d) of this section and [section 460iii–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460iii-3&num=0&edition=prelim), uses of the public lands in the conservation area existing on August 4, 1993, shall be allowed to continue. **(b) Area included** The conservation area shall consist of approximately 482,457 acres of federally owned lands and interests therein managed by the Bureau of Land Management as generally depicted on the map entitled “Snake River Birds of Prey National Conservation Area”, dated November 1991. **(c) Map and legal description** As soon as is practicable after August 4, 1993, the map referred to in subsection (b) and a legal description of the conservation area shall be filed by the Secretary with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Each such map shall have the same force and effect as if included in this subchapter; except that the Secretary may correct clerical and typographical errors in such map and legal description. Each such map shall be on file and available for public inspection in the office of the Director and the Idaho State Director of the Bureau of Land Management of the Department of the Interior. **(d) Withdrawals** Subject to valid existing rights, the Federal lands within the conservation area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; and from entry, application, and selection under the Act of March 3, 1877 (Ch. 107, 19 Stat. 377, [43 U.S.C. 321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section321&num=0&edition=prelim) et seq.; commonly referred to as the “Desert Lands Act”), [section 641 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), the Act of July 3, 1890 (Ch. 656, 26 Stat. 215; commonly referred to as the “State of Idaho Admissions Act”), [section 851 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section851&num=0&edition=prelim), and [section 852 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim). The Secretary shall return to the applicants any such applications pending on August 4, 1993, without further action. Subject to valid existing rights, as of August 4, 1993, lands within the Birds of Prey Conservation Area are withdrawn from location under the general mining laws, the operation of the mineral and geothermal leasing laws, and the mineral material disposal laws, except that mineral materials subject to disposal may be made available from existing sites to the extent compatible with the purposes for which the conservation area is established.

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

43 U.S.C. § 321 — Entry right generally; extent of right to appropriate waters

It shall be lawful for any citizen of the United States, or any person of requisite age “who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of 25 cents per acre—to file a declaration under oath with the officer designated by the Secretary of the Interior of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one-half section, by conducting water upon the same, within the period of three years thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of three hundred and twenty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said one-half section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation of said tract of land in the manner aforesaid, and upon the payment to such officer of the additional sum of $1 per acre for a tract of land not exceeding three hundred and twenty acres to any one person, a paten

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

43 U.S.C. § 852 — Selections to supply deficiencies of school lands

**(a) Restrictions** The lands appropriated by [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section851&num=0&edition=prelim) shall be selected from any unappropriated, surveyed or unsurveyed public lands within the State where such losses or deficiencies occur subject to the following restrictions: (1) No lands mineral in character may be selected by a State except to the extent that the selection is being made as indemnity for mineral lands lost to the State because of appropriation before title could pass to the State; (2) No lands on a known geologic structure of a producing oil or gas field may be selected except to the extent that the selection is being made as indemnity for lands on such a structure lost to the State because of appropriation before title could pass to the State; and (3) Land subject to a mineral lease or permit may be selected if none of the land subject to that lease or permit is in a producing or producible status, subject, however, to the restrictions and conditions of the preceding and following paragraphs of this subsection. (4) If a selection is consummated as to a portion but not all of the lands subject to any mineral lease or permit, then, as to such portion and for so long only as such lease or permit or any lease issued pursuant to such permit shall remain in effect, there shall be automatically reserved to the United States the mineral or minerals for which the lease or permit was issued, together with such further rights as may be necessary for the full and complete enjoyment of all rights, privileges and benefits under or with respect to the lease or permit: Provided, however, That after approval of the selection the Secretary of the Interior shall determine what portion of any

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

43 U.S.C. § 641 — Grant of desert land to States authorized

To aid the public-land States in the reclamation of the desert lands therein, and the settlement, cultivation and sale thereof in small tracts to actual settlers, the Secretary of the Interior with the approval of the President is, as of August 18, 1894, authorized and empowered, upon proper application of the State to contract and agree, from time to time, with each of the States in which there may be situated desert lands as defined by the Act approved March 3, 1877, and the Act amendatory thereof, approved March 3, 1891, binding the United States to donate, grant, and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty acre tract cultivated by actual settlers, as thoroughly as is required of citizens who may enter under the desert-land law within ten years from the date of approval by the Secretary of the Interior of the State’s application for the segregation of such lands; and if actual construction of reclamation works is not begun within three years after the segregation of the lands or within such further period not exceeding three years, as shall be allowed by the Secretary of the Interior, the said Secretary of the Interior, in his discretion, may restore such lands to the public domain; and if the State fails, within ten years from the date of such segregation, to cause the whole or any part of the lands so segregated to be so irrigated and reclaimed, the Secretary of the Interior may, in his discretion, continue said segregation for a period not exceeding five years, or may, in his discretion, restore such lands not irrigated and reclaimed to the public domain upon the exp

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

43 U.S.C. § 851 — Deficiencies in grants to State by reason of settlements, etc., on designated sections generally

Where settlements with a view to preemption or homestead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections or either of them have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State in which they lie, other lands of equal acreage are hereby appropriated and granted, and may be selected, in accordance with the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), by said State, in lieu of such as may be thus taken by preemption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted and may be selected, in accordance with the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), by said State where sections sixteen or thirty-six are, before title could pass to the State, included within any Indian, military, or other reservation, or are, before title could pass to the State, otherwise disposed of by the United States: Provided, That the selection of any lands under this section in lieu of sections granted or reserved to a State shall be a waiver by the State of its right to the granted or reserved sections. And other lands of equal acreage are also appropriated and granted, and may be selected, in accordance with the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), by said State to compensate deficiencies for school purposes, where

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 851

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

43 U.S.C. § 321 — Entry right generally; extent of right to ap-

Page 65 TITLE 43—PUBLIC LANDS § 321 ingress or egress upon the lands in districts for any purpose authorized by any such law, includ- ing prospecting for and extraction of minerals. (Mar. 4, 1927, ch. 513, § 16, 44 Stat. 1455.) Editorial Notes CODIFICATION Section was formerly classified to section 471o of Title 48, Territories and Insular Possessions. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. CHAPTER 9—DESERT-LAND ENTRIES Sec. 321. Entry right generally; extent of right to ap- propriate waters. 322. Desert lands defined; question how deter- mined. 323. Application to certain States. 324. Assignment of entries. 325. Resident citizenship of State as qualification for entry. 326. Unsurveyed lands not subject to entry; pref- erential right of entry after survey. 327. Filing irrigation plan; association of entrymen. 328. Expenditures and cultivation requirements. 329. Issue of patent on final proof; citizenship re- quirement as to patentee; limit as to amount of holding. 330. Desert-land entry in addition to homestead entry. 331. Reclamation requirements waived in favor of disabled soldiers, etc. 332. Omitted. 333. Extension of time for completion of irrigation works. 334. Further extension of time for final proofs. 335. Further extension in cases not covered by sections 333 and 334 of this title. 336. Further extension in addition to that author- ized by sections 333 to 335 of this title. 336a to 336d. Repea

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