16 U.S.C. § 519 — Agricultural lands included in tracts ac-

Page 956 TITLE 16—CONSERVATION § 517 poses of this Act, and in exchange therefor to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the grantor to cut and remove an equal value of timber within such national forests in the same State, the val- ues in each case to be determined by him: Provided, That before’’ for ‘‘The Secretary of Agriculture is au- thorized to purchase, in the name of the United States, such lands as have been approved for purchase by the National Forest Reservation Commission at the price or prices fixed by said commission. No deed or other in- strument of conveyance shall be accepted or approved by the Secretary of Agriculture under this section until the legislature of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the naviga- bility of navigable streams. With the approval of the National Forest Reservation Commission as provided by this section and section 515 of this title, and when the public interests will be benefited thereby, the Sec- retary of Agriculture is authorized, in his discretion, to accept on behalf of the United States title to any lands within the exterior boundaries of national forests ac- quired under said sections which, in his opinion, are chiefly valuable for the purposes as therein stated, and in exchange therefor to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the grantor to cut and re- move an equal value of timber within such national for- ests in the same State, the values in each case to be de- termined by him. Before’’. 1925—Act Mar. 3, 1925, inserted provisions covering the exchange of lands. § 517. Title to lands to be acquired The Secretary of Agriculture may do all things necessary to secure the safe title in the United States to the lands to be acquired under this Act, but no payment shall be made for any such lands until the title shall be satisfactory to the Attorney General or his designee and shall be vested in the United States. (Mar. 1, 1911, ch. 186, § 8 (part), 36 Stat. 962; Pub. L. 91–393, § 3, Sept. 1, 1970, 84 Stat. 835.) 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, 516, 517a 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 Section was amended by act Dec. 11, 1926, ch. 5, 44 Stat. 919. The amendment added a proviso at the end of this section which is set out as section 517a of this title. AMENDMENTS 1970—Pub. L. 91–393 inserted ‘‘or his designee’’ after ‘‘Attorney General’’. § 517a. Payment of awards in condemnation pro- ceedings In condemnation proceedings, heretofore or hereafter prosecuted, for the acquisition of lands under this Act, in which a decree is entered vest- ing title thereto in the United States upon pay- ment of the award into the registry of the court, the Secretary of Agriculture is authorized to make such payment when advised by the Attor- ney General that the proceedings and the decree are regular. (Mar. 1, 1911, ch. 186, § 8 (part), 36 Stat. 962; Dec. 11, 1926, ch. 5, 44 Stat. 919.) 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 517, 518, 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. AMENDMENTS 1926—Act Dec. 11, 1926, amended act Mar. 1, 1911, con- stituting section 517 of this title, by inserting text of this section as a proviso thereof. § 518. Acquisition of lands not defeated by rights- of-way, easements, and reservations Such acquisition by the United States shall in no case be defeated because of located or defined rights of way, easements, and reservations, which, from their nature will, in the opinion of the Secretary of Agriculture, in no manner interfere with the use of the lands so encum- bered, for the purposes of this Act. Such rights of way, easements, and reservations retained by the owner from whom the United States receives title, shall be subject to the rules and regula- tions prescribed by the Secretary of Agriculture for their occupation, use, operation, protection, and administration, and such rules and regula- tions shall be expressed in and made part of the written instrument conveying title to the lands to the United States; and the use, occupation, and operation of such rights of way, easements, and reservations shall be under, subject to, and in obedience with the rules and regulations so expressed. (Mar. 1, 1911, ch. 186, § 9, 36 Stat. 962; Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 855; Pub. L. 94–588, § 17(a)(5), Oct. 22, 1976, 90 Stat. 2962.) 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 517a, 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. AMENDMENTS 1976—Pub. L. 94–588 struck out ‘‘the National Forest Reservation Commission and’’ after ‘‘in the opinion of’’. 1913—Act Mar. 4, 1913, amended act Mar. 1, 1911, gen- erally to provide that acquisition of lands under this section would not be defeated by rights of way, ease- ments, and reservations retained by the owner from whom title is received. § 519. Agricultural lands included in tracts ac- quired; sale for homesteads Inasmuch as small areas of land chiefly valu- able for agriculture may of necessity or by inad- 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.