43 U.S.C. § 142 — Rights of occupants or claimants of oil- or

Page 38 TITLE 43—PUBLIC LANDS § 141 1 See References in Text note below. Sec. 158. Mineral resources on withdrawn lands; dis- position and exploration. § 141. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792 Section, act June 25, 1910, ch. 421, § 1, 36 Stat. 847, au- thorized the withdrawal and reservation of lands for water-power sites and other purposes. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that this section is repealed effective on and after Oct. 21, 1976. 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. Executive Documents EX. ORD. NO. 10355. DELEGATION OF AUTHORITY Ex. Ord. No. 10355, eff. May 26, 1952, 17 F.R. 4831, as amended by Pub. L. 101–509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, provided: SECTION 1. (a) Subject to the provisions of subsections (b), (c), and (d) of this section, I hereby delegate to the Secretary of the Interior the authority vested in the President by section 1 of the act of June 25, 1910, ch. 421, 36 Stat. 847 [this section], and the authority other- wise vested in him to withdraw or reserve lands of the public domain and other lands owned or controlled by the United States in the continental United States or Alaska for public purposes, including the authority to modify or revoke withdrawals and reservations of such lands heretofore or hereafter made. (b) All orders issued by the Secretary of the Interior under the authority of this order shall be designated as public land orders and shall be submitted to the Divi- sion of the Federal Register, General Services Adminis- tration, for filing and for publication in the FEDERAL REGISTER. (c) No order affecting land under the administrative jurisdiction of any executive department or agency of the Government other than the Department of the In- terior shall be issued by the Secretary of the Interior under the authority of this order without the prior ap- proval or concurrence, so far as the order affects such land, of the head of the department or agency con- cerned, or of such officer of the department or agency concerned as the head thereof may designate for such purpose: Provided, that such officer is required to be ap- pointed by the President by and with the advice and consent of the Senate. (d) Any disagreement between two or more executive departments or agencies with respect to any proposed withdrawal or reservation shall be referred to the Di- rector of the Bureau of the Budget [now Office of Man- agement and Budget] for consideration and adjustment. The Director may, in his discretion, submit the matter to the President for his determination. SEC. 2. The Secretary of the Interior is authorized to issue such rules and regulations, and to prescribe such procedures, as he may from time to time deem nec- essary or desirable for the exercise of the authority del- egated to him by this order. SEC. 3. The Secretary of the Interior is authorized to redelegate the authority delegated to him by this order to one or more of the following-designated officers: the Deputy Secretary of the Interior and the Assistant Sec- retaries of the Interior. SEC. 4. This order supersedes Executive Order No. 9337 of April 24, 1943, entitled ‘‘Authorizing the Secretary of the Interior to Withdraw and Reserve Lands of the Pub- lic Domain and Other Lands Owned or Controlled by the United States’’. EX. ORD. NO. 12688. TRANSFER AUTHORITY CHOCTAWHATCHEE NATIONAL FOREST, FLORIDA Ex. Ord. No. 12688, Aug. 15, 1989, 54 F.R. 34129, pro- vided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to ensure that excess property under the con- trol of the Department of Defense within and adjacent to the Choctawhatchee National Forest, Florida, is transferred to the Department of Agriculture for inclu- sion in the National Forest, it is hereby ordered as fol- lows: The Secretary of Defense is hereby delegated the President’s authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to transfer such property within or adjacent to the boundaries of Choctawhatchee National Forest, Florida, that is no longer required for military purposes, to the Secretary of Agriculture to be restored to national forest status. To the extent this order delegates the President’s au- thority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to the Secretary of Defense, it super- sedes Executive Order No. 10355 [set out above], which delegates the President’s authority to revoke with- drawals and reservations of public lands to the Sec- retary of the Interior. The Secretary of Defense will document the transaction by letter of transfer between the Departments. The Secretary of Defense, 30 days prior to taking any action to transfer property pursu- ant to this order, shall notify the Secretary of the Inte- rior of the effective date and time for ‘‘opening’’ of the lands to relevant land laws. The authority delegated by this order may be further redelegated within the De- partment of Defense. GEORGE BUSH. § 142. Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals This section and section 141 1 of this title shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil- or gas-bearing lands after any withdrawal of such lands made prior to June 25, 1910: And provided further, That there shall be excepted from the force and effect of any with- drawal made under the provisions of this section and section 141 1 of this title all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry thereto- fore made, or upon which any valid settlement has been made and is at said date being main- tained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settle- ment was made. (June 25, 1910, ch. 421, § 2, 36 Stat. 847; Aug. 24, 1912, ch. 369, 37 Stat. 497; Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.) Editorial Notes REFERENCES IN TEXT Section 141 of this title, referred to in text, was re- pealed by Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792. CODIFICATION Act Aug. 24, 1912, substituted ‘‘metalliferous min- erals’’ for ‘‘minerals other than coal, oil, gas, and Page 39 TITLE 43—PUBLIC LANDS § 149 1 See References in Text note below. phosphates’’ in the first clause of this section, and ‘‘June 25, 1910’’ for ‘‘the passage of this Act’’ in the sec- ond proviso of this section. In the last proviso of this section, ‘‘national forest’’ substituted for ‘‘forest reserve’’, in view of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, providing that forest re- serves should be known as national forests. The provisions of the last proviso of this section were also classified to section 471 of Title 16, Conservation. AMENDMENTS 1976—Pub. L. 94–579 struck out provisions that all lands withdrawn under the act of June 25, 1910, be open to exploration, occupation, and purchase under the mineral laws of the United States in respect to min- erals other than coal, oil, gas, and phosphates and that no national forest be created or additions thereto made to those created before Aug. 24, 1912, in Oregon, Wash- ington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976. SAVINGS PROVISION Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., exist- ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 143. Repealed. Pub. L. 86–533, § 1(14), June 29, 1960, 74 Stat. 248 Section, act June 25, 1910, ch. 421, § 3, 36 Stat. 848, re- quired Secretary of the Interior to report withdrawals to Congress. § 144. Entries on land withdrawn as valuable for oil or gas validated Entries existing on February 7, 1925, and al- lowed prior to April 1, 1924, under the Stock Raising Homestead Act of December 29, 1916 (Thirty-ninth Statutes at Large, page 862) [43 U.S.C. 291 et seq.], for land withdrawn as valu- able for oil or gas, but not otherwise reserved or withdrawn, are validated, if otherwise regular: Provided, That at date of entry the land was not within the limits of the geologic structure of a producing oil or gas field. (Feb. 7, 1925, ch. 147, § 12, 43 Stat. 812.) Editorial Notes REFERENCES IN TEXT The Stock Raising Homestead Act of December 29, 1916, referred to in text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, which was classified generally to subchapter X (§ 291 et seq.) of chapter 7 of this title and was re- pealed by Pub. L. 94–579, title VII, §§ 702, 704(a), Oct. 21, 1976, 90 Stat. 2787, 2792, except for sections 9 and 11 which are classified to sections 299 and 301, respec- tively, of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 291 of this title and Tables. § 145. Sale of lands withdrawn Whenever in the opinion of the Secretary of the Interior any lands which have been with- drawn under the provisions of sections 141 1 and 142 of this title for the purpose of exploratory drilling to discover water supplies for irrigation or other purposes, and which have had wells or other permanent improvements placed thereon by and at the expense of the United States are no longer needed for the purpose for which they were withdrawn and improved, the Secretary of the Interior may appraise the lands, together with the improvements thereon, and thereafter sell the same to a citizen of the United States for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and publication for not less than thirty days in a newspaper of general circula- tion in the vicinity of the land. (Jan. 26, 1921, ch. 27, § 1, 41 Stat. 1089.) Editorial Notes REFERENCES IN TEXT Section 141 of this title, referred to in text, was re- pealed by Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792. § 146. Patents to purchasers of lands withdrawn Upon payment of the purchase price the Sec- retary of the Interior is authorized by appro- priate patent to convey all the right, title, and interest in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hun- dred and sixty acres shall be sold to any one per- son: Provided further, That any patent issued hereunder shall contain a reservation to the United States of all oil, gas, coal, and other mineral. (Jan. 26, 1921, ch. 27, § 2, 41 Stat. 1089.) § 147. Disposition of proceeds of sale of with- drawn lands The moneys derived from the sale of such lands and improvements shall be disposed of as are other receipts from the sale and disposal of public lands. (Jan. 26, 1921, ch. 27, § 3, 41 Stat. 1090.) § 148. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792 Section, acts June 25, 1910, ch. 431, § 13, 36 Stat. 858; June 29, 1960, Pub. L. 86–533, § 1(13), 74 Stat. 248, author- ized withdrawal of lands in Indian reservations for power or reservation sites. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 704(a) is effective on and after Oct. 21, 1976. 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. § 149. Exchange of private lands included in In- dian reservation for other lands Any private land over which an Indian res- ervation has been extended by Executive order,