16 U.S.C. § 441h — Jurisdiction of mining and mineral rights;

Page 540 TITLE 16—CONSERVATION § 441h 1 So in original. Probably should be ‘‘32(c),’’. shall be accomplished by the issuance, by the Secretary of the Interior, of an appropriate order, or orders, such order or orders to be effec- tive upon publication in the Federal Register: Provided, That federally owned land under the administrative jurisdiction of any other depart- ment or agency of the Federal Government shall be included within the park only with the ap- proval of the head of such department or agen- cy. (May 7, 1952, ch. 244, § 2, 66 Stat. 65; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.) Editorial Notes REFERENCES IN TEXT Section 441f of this title, referred to in text, was in the original ‘‘sections 1 and 5 of this Act’’. Section 1 of the Act is classified to section 441f of this title. Section 5 is probably a reference to section 5 of the original bill, which would have authorized the inclusion of up to 4,000 acres of the Pine Ridge Indian Reservation within the Badlands National Monument. Such section 5 was stricken from the bill by Senate amendment, and as en- acted the Act contained only four sections. Statutory Notes and Related Subsidiaries CHANGE OF NAME Word ‘‘park’’ substituted in text for ‘‘monument’’ pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Bad- lands National Monument as Badlands National Park. § 441h. Jurisdiction of mining and mineral rights; patents Administrative jurisdiction over all Federal lands eliminated from the park, by the issuance of an order or orders of the Secretary of the In- terior, is transferred to the Secretary of Agri- culture for use, administration, and disposition in accordance with the provisions of title III of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1010 et seq.] and the related provisions of title IV thereof: Provided, That all of such lands for- merly set apart and reserved from the public do- main shall be subject to the mining and min- erals-leasing laws: And provided further, That any disposition of any such lands formerly set apart and reserved from the public domain shall be evidenced by patents issued by the Secretary of the Interior. (May 7, 1952, ch. 244, § 3, 66 Stat. 65; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.) Editorial Notes REFERENCES IN TEXT The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522. Title III of the Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. Title IV thereof, referred to in text, which was classified to sections 1014 to 1029 of title 7, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and by Pub. L. 87–128, title III, § 341(a), Aug. 8, 1961, 75 Stat. 318. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Word ‘‘park’’ substituted in text for ‘‘monument’’ pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Bad- lands National Monument as Badlands National Park. § 441i. Exchanges of land In order that exchanges of land may be effec- tuated for the purposes of sections 441f to 441i of this title, the Secretary of the Interior is au- thorized, in his discretion and in accordance with the provisions of sections 3111 and 3112 of title 40, to accept, on behalf of the United States, title to any land or interests in land within the exterior boundaries of the Badlands National Park as revised pursuant to sections 441f to 441i of this title, and, in exchange there- for, with the approval and concurrence of the Secretary of Agriculture, the Secretary of the Interior may patent lands of approximately equal value which were formerly set apart and reserved from the public domain within the Bad- lands Fall River soil conservation project, SD–LU–1. In effectuating such exchanges, in lieu of conveyances by the Secretary of the Interior, the Secretary of Agriculture may convey lands of approximately equal value within said project which have been acquired heretofore by the United States. All such exchanges shall, in all other respects, be considered as exchanges under the provisions of section 32c,1 title III, of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1011(c)] and shall otherwise be in accordance with provisions of said Act [7 U.S.C. 1000 et seq.]; except that, upon acceptance of title to any lands so acquired by the United States under this section, such lands and any other lands ac- quired otherwise by the United States within the park boundaries shall be a part of that area. In consummating land exchanges hereunder upon an equitable basis, patents and instru- ments of conveyance may be issued, and prop- erty may be accepted, by the United States, sub- ject to such reservations as may be necessary or in the public interest. (May 7, 1952, ch. 244, § 4, 66 Stat. 66; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.) Editorial Notes REFERENCES IN TEXT The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, which is classified generally to chapter 33 (§ 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. CODIFICATION ‘‘Sections 3111 and 3112 of title 40’’ substituted in text for ‘‘section 355 of the Revised Statutes’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘Park’’ and ‘‘park’’ substituted in text for ‘‘Monument’’ and ‘‘monument’’, respectively, pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands Na- tional Monument as Badlands National Park.