16 U.S.C. § 520 — Regulations as to mineral resources

Page 957 TITLE 16—CONSERVATION § 520 vertence be included in tracts acquired under this Act, the Secretary of Agriculture may, in his discretion, and he is authorized, upon appli- cation or otherwise, to examine and ascertain the location and extent of such areas as in his opinion may be occupied for agricultural pur- poses without injury to the forests or to stream flow and which are not needed for public pur- poses, and may list and describe the same by metes and bounds, or otherwise, and offer them for sale as homesteads at their true value, to be fixed by him, to actual settlers, in tracts not ex- ceeding eighty acres, in area, under such rules and regulations as he may prescribe; and in case of such sale the jurisdiction over the lands sold shall, ipso facto, revert to the State in which the lands sold lie. And no right, title, interest, or claim in or to any lands acquired under this Act, or the waters thereon, or the products, re- sources, or use thereof after such lands shall have been so acquired, shall be initiated or per- fected, except as in this section provided. (Mar. 1, 1911, ch. 186, § 10, 36 Stat. 962; Pub. L. 86–509, § 1(k), June 11, 1960, 74 Stat. 205.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515 to 518, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. CODIFICATION ‘‘Such rules and regulations as he may prescribe’’ was substituted for ‘‘such joint rules and regulations as the Secretary of Agriculture and the Secretary of the Inte- rior may prescribe’’ in view of the transfer of functions under this section to the Secretary of Agriculture from the Secretary of the Interior by section 1(k) of Pub. L. 86–509, set out as a note under section 2201 of Title 7, Agriculture. § 519a. Transfer of forest reservation lands for military purposes If any of the lands purchased or to be pur- chased by the United States under the provi- sions of the Act approved March 1, 1911, as amended, within the limits of townships 1, 2, and 3 north, ranges 9, 10, 11, 12, and 13, in Forest and Perry Counties, State of Mississippi, are deter- mined to be chiefly valuable and necessary for a National Guard encampment and related mili- tary purposes, the Secretary of Agriculture may, and he is, authorized to convey full title to said lands to the State of Mississippi or the De- partment of the Army: Provided, That there is paid into the Treasury of the United States, or made available by transfer on the books of said Treasury, sums of money equal to the full amounts expended by the Department of Agri- culture for the purchase of said lands, and the money so paid into or transferred on the books of the Treasury shall be available for expendi- ture by the Secretary of Agriculture for the pur- chase of other lands under the provisions of said Act of March 1, 1911, as amended. (Mar. 2, 1935, ch. 21, 49 Stat. 37; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes REFERENCES IN TEXT Act approved March 1, 1911, as amended, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popu- larly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. CODIFICATION The words ‘‘with the consent and approval of the Na- tional Forest Reservation Commission established by section 4 of said Act of March 1, 1911 [16 U.S.C. 513]’’, which appeared immediately following the first ref- erence to the Secretary of Agriculture, have been omit- ted as obsolete. Section 4 of the 1911 Act was repealed, and all functions of the National Forest Reservation Commission were transferred to the Secretary of Agri- culture, by section 17(a)(1) of Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2961. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. § 520. Regulations as to mineral resources The Secretary of Agriculture is authorized, under general regulations to be prescribed by him, to permit the prospecting, development, and utilization of the mineral resources of the lands acquired under the Act of March first, nineteen hundred and eleven, known as the Weeks law, upon such terms and for specified pe- riods or otherwise, as he may deem to be for the best interests of the United States; and all mon- eys received on account of charges, if any, made under this Act shall be disposed of as is provided by existing law for the disposition of receipts from national forests. (Mar. 4, 1917, ch. 179, 39 Stat. 1150; 1946 Reorg. Plan No. 3, § 402, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1099; Pub. L. 86–509, § 1(l), June 11, 1960, 74 Stat. 205.) Editorial Notes REFERENCES IN TEXT The Act of March first, nineteen hundred and eleven, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. Executive Documents TRANSFER OF FUNCTIONS Functions of Secretary of Agriculture with respect to uses of mineral deposits under this section transferred to Secretary of the Interior by section 402 of Reorg. Page 958 TITLE 16—CONSERVATION § 521 1 See References in Text note below. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees, which pro- vided that mineral development on such lands shall be authorized by Secretary of the Interior only when he is advised by Secretary of Agriculture that such develop- ment will not interfere with purposes for which land was acquired and only in accordance with such condi- tions as may be specified by Secretary of Agriculture in order to protect such purposes. For provisions concerning crediting and distribution of revenues and access to title records, see text of Reorg. Plan No. 3 of 1946. Functions of Secretary of the Interior under section 402 of Reorg. Plan No. 3 of 1946, with respect to use and disposal from lands under jurisdiction of Secretary of Agriculture of those mineral materials which Sec- retary of Agriculture is authorized to dispose of from other lands under his jurisdiction under sections 601 to 604 and 611 to 615 of Title 30, Mineral Lands and Mining, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture. § 521. Lands acquired to be reserved, held, and administered as national forest lands; des- ignation Subject to the provisions of section 519 of this title the lands acquired under this Act shall be permanently reserved, held, and administered as national forest lands under the provisions of sec- tion 471 1 of this title and acts supplemental to and amendatory thereof. And the Secretary of Agriculture may from time to time divide the lands acquired under this Act into such specific national forests and so designate the same as he may deem best for administrative purposes. (Mar. 1, 1911, ch. 186, § 11, 36 Stat. 963.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515 to 519, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. Section 471 of this title, referred to in text, was in the original a reference to section 24 of act Mar. 3, 1891, ch. 561, 26 Stat. 1103, and was repealed by Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792. § 521a. Administration, management, and consoli- dation of certain lands In order to facilitate the administration, man- agement, and consolidation of the national for- ests, all lands of the United States within the exterior boundaries of national forests which were or hereafter are acquired for or in connec- tion with the national forests or transferred to the Forest Service, Department of Agriculture, for administration and protection substantially in accordance with national forest regulations, policies, and procedures, excepting (a) lands re- served from the public domain or acquired pur- suant to laws authorizing the exchange of land or timber reserved from or part of the public do- main, and (b) lands within the official limits of towns or cities, notwithstanding the provisions of any other Act, are made subject to the Weeks Act of March 1, 1911 (36 Stat. 961), as amended, and to all laws, rules, and regulations applicable to national forest lands acquired thereunder: Provided, That nothing in this section shall be construed as (1) affecting the status of lands ad- ministered by the Secretary of Agriculture under the Act of June 24, 1954 (68 Stat. 270), and which are revested Oregon and California Rail- road grant lands, administered as national for- est lands, or (2) changing the disposition of reve- nues from or authorizing the exchange of the lands, or the timber thereon, described in the Act of February 11, 1920 (ch. 69, 41 Stat. 405), the Act of September 22, 1922 (ch. 407, 42 Stat. 1019), and the Act of June 4, 1936 (ch. 494, 49 Stat. 1460). (Pub. L. 85–862, Sept. 2, 1958, 72 Stat. 1571.) Editorial Notes REFERENCES IN TEXT The Weeks Act of March 1, 1911, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. Act June 24, 1954, referred to in text, is act June 24, 1954, ch. 357, 68 Stat. 270, which is classified principally to subchapter III (§ 2631 et seq.) of chapter 44 of Title 43, Public Lands. For complete classification of this Act to the Code, see Tables. Act February 11, 1920, referred to in text, related to exchanges of lands in or adjacent to Siuslaw National Forest and was not classified to the Code. See Codifica- tion note set out under sections 486a to 486w of this title. Act September 22, 1922, referred to in text, is classi- fied to section 487 of this title. Act June 4, 1936, referred to in text, is classified to section 487a of this title. § 521b. Report of Secretary of Agriculture prior to purchase or exchange of land; contents; waiting period For purposes of providing information that will aid the Congress in its oversight respon- sibilities and improve the accountability of ex- penditures for the acquisition of forest land, the Secretary of Agriculture may not hereafter enter into any land purchase or exchange relat- ing to the National Forest System of $150,000 or more for the types of lands which have been heretofore approved by the National Forest Res- ervation Commission until after 30 days from the date upon which a detailed report of the facts concerning such proposed purchase or transfer is submitted to the Committee on Agri- culture of the House of Representatives and the Committee on Agriculture, Nutrition, and For- estry of the Senate or such earlier time as may be approved by both such committees. Such re- port shall contain at least the following: (1) guidelines utilized by the Secretary in de- termining that the land should be acquired; (2) the location and size of the land; (3) the purchase price of the land and the cri- teria used by the Secretary in determining such price; (4) the person from whom the land is being acquired; and (5) any adjustment made by the Secretary of relative value pursuant to section 1716(f)(2)(B)(ii) of title 43.