16 U.S.C. § 518 — Acquisition of lands not defeated by rights-

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-