43 U.S.C. § 165 — Transferred

Page 42 TITLE 43—PUBLIC LANDS § 158 and development of mineral resources, timber and other material resources, grazing re- sources, fish and wildlife resources, water re- sources, and scenic, wilderness, and recreation and other values; and (8) if effecting the purpose for which the area is proposed to be withdrawn, reserved, or re- stricted, will involve the use of water in any State, whether, subject to existing rights under law, the intended using agency has ac- quired, or proposes to acquire, rights to the use thereof in conformity with State laws and procedures relating to the control, appropria- tion, use, and distribution of water. (Pub. L. 85–337, § 3, Feb. 28, 1958, 72 Stat. 28.) § 158. Mineral resources on withdrawn lands; dis- position and exploration All withdrawals or reservations of public lands for the use of any agency of the Department of Defense, except lands withdrawn or reserved spe- cifically as naval petroleum, naval oil shale, or naval coal reserves, heretofore or hereafter made by the United States, shall be deemed to be subject to the condition that all minerals, in- cluding oil and gas, in the lands so withdrawn or reserved are under the jurisdiction of the Sec- retary of the Interior and there shall be no dis- position of, or exploration for, any minerals in such lands except under the applicable public land mining and mineral leasing laws: Provided, That no disposition of, or exploration for, any minerals in such lands shall be made where the Secretary of Defense, after consultation with the Secretary of the Interior, determines that such disposition or exploration is inconsistent with the military use of the lands so withdrawn or reserved. (Pub. L. 85–337, § 6, Feb. 28, 1958, 72 Stat. 30.) CHAPTER 7—HOMESTEADS SUBCHAPTER I—GENERAL PROVISIONS Sec. 161 to 176. Repealed or Transferred. 177. Patents for lands in New Mexico held under color of title. 178. Patents for lands in New Mexico; lands con- tiguous to Spanish or Mexican land grants. 179, 180. Repealed. SUBCHAPTER II—RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY 181 to 191. Repealed. SUBCHAPTER III—LANDS SUBJECT TO ENTRY 201 to 208. Repealed. 209. Extension of public-land laws to certain lands in Oklahoma. 210. Recognition of equitable claims on certain lands in Oklahoma; validation of homestead entries. SUBCHAPTER IV—LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES 211 to 224. Repealed. SUBCHAPTER V—LEAVES OF ABSENCE AND EX- CUSES FOR NONRESIDENCE OR NONCULTIVA- TION 231 to 243a. Repealed. SUBCHAPTER VI—FINAL PROOF GENERALLY 251 to 256b. Repealed. Sec. SUBCHAPTER VII—PAYMENTS AND REFUNDS 261 to 263. Repealed. SUBCHAPTER VIII—ALASKA HOMESTEADS 270 to 270–11. Repealed. 270–12. Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, min- ing, and removal. 270–13 to 270–17. Repealed. SUBCHAPTER IX—SOLDIERS’ AND SAILORS’ HOMESTEAD 271 to 284. Repealed. SUBCHAPTER X—STOCK-RAISING HOMESTEAD 291 to 298. Repealed. 299. Reservation of coal and mineral rights. 300. Repealed. 301. Rules and regulations. 302. Repealed. SUBCHAPTER I—GENERAL PROVISIONS §§ 161 to 164. Repealed. Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787 Section 161, R.S. § 2289; Mar. 3, 1891, ch. 561, § 5, 26 Stat. 1097, related to entry of unappropriated public lands. Section 162, R.S. § 2290; Mar. 3, 1891, ch. 561, § 5, 26 Stat. 1097; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to application for entry on public lands, and contents for affidavit for application. Section 163, R.S. § 2295; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to record of application, registration, and return to Bu- reau of Land Management. Section 164, R.S. § 2291; June 6, 1912, ch. 153, 37 Stat. 123, related to issuance, etc., of certificate or patent for entered lands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787, provided that the repeal made by section 702 is ef- fective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of ap- proval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 165. Transferred Editorial Notes CODIFICATION Section, act Mar. 3, 1891, ch. 561, § 7, 26 Stat. 1098, which related to suspension of entries for correction of clerical errors, was transferred to section 1165 of this title, prior to editorial reclassification as section 2505 of this title. §§ 166 to 175. Repealed. Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787 Section 166, acts May 14, 1880, ch. 89, § 3, 21 Stat. 141; June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37 Stat. 267, related to time for settlers to file application