16 U.S.C. § 486 — Exchange of lands in national forests; res-

Page 938 TITLE 16—CONSERVATION § 485a rior boundaries of the national forests which, in his opinion, are chiefly valuable for national- forest purposes, and in exchange therefor may patent not to exceed an equal value of such na- tional-forest land, in the same State, surveyed and nonmineral in character, or he may author- ize the grantor to cut and remove an equal value of timber within the national forests of the same State; the values in each case to be deter- mined by him. Before any such exchange is ef- fected notice of the contemplated exchange re- citing the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in some like newspaper pub- lished in any county in which may be situated any lands or timber to be given in such ex- change. Timber given in such exchanges shall be cut and removed under the laws and regulations relating to the national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of Agri- culture. Lands conveyed to the United States under this section and section 486 of this title shall, upon acceptance of title, become parts of the national forest within whose exterior bound- aries they are located. (Mar. 20, 1922, ch. 105, § 1, 42 Stat. 465; Pub. L. 86–509, § 1(a), June 11, 1960, 74 Stat. 205.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior under this sec- tion and section 486 of this title, with respect to ex- changes of non-Federal lands for national forest lands or timber, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture. ‘‘Secretary of Agriculture is authorized’’, ‘‘in his opinion’’, ‘‘he may authorize’’ and ‘‘the values in each case to be determined by him’’ substituted in text for ‘‘Secretary of the Interior is authorized’’, ‘‘in the opin- ion of the Secretary of Agriculture’’, ‘‘the Secretary of Agriculture may authorize’’ and ‘‘the values in each case to be determined by the Secretary of Agriculture’’, respectively, in view of transfer of functions under this section to Secretary of Agriculture from Secretary of the Interior by section 1(a) of Pub. L. 86–509, set out as a note under section 2201 of Title 7. § 485a. Omitted Editorial Notes CODIFICATION Section, act Aug. 2, 1935, ch. 424, 49 Stat. 508, related to lands adjacent to Chelan National Forest. See Codi- fication note set out under sections 486a to 486w of this title. § 486. Exchange of lands in national forests; res- ervations of timber, minerals, or easements Either party to an exchange may make res- ervations of timber, minerals, or easements, the values of which shall be duly considered in de- termining the values of the exchanged lands. Where reservations are made in lands conveyed to the United States the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary of Agriculture; where mineral reservations are made in lands conveyed by the United States it shall be so stipulated in the patents, and that any person who acquires the right to mine and remove the reserved deposits may enter and occupy so much of the surface as may be required for all purposes incident to the mining and removal of the minerals therefrom, and may mine and remove such minerals upon payment to the owner of the surface for dam- ages caused to the land and improvements thereon. All property, rights, easements, and benefits authorized by this section to be re- tained by or reserved to owners of lands con- veyed to the United States shall be subject to the tax laws of the States where such lands are located. (Mar. 20, 1922, ch. 105, § 2, as added Feb. 28, 1925, ch. 375, 43 Stat. 1090.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior under this sec- tion and section 485 of this title, with respect to ex- changes of non-Federal lands for national forest lands or timber, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture. APPLICATION EXTENDED Act June 25, 1935, ch. 308, 49 Stat. 422, provided that this section should be extended and made applicable to exchanges of lands under acts Feb. 14, 1923, ch. 75, 42 Stat. 1245, and Feb. 7, 1929, ch. 160, 45 Stat. 1154, which authorize the United States to acquire privately owned lands situated within certain townships in the Lincoln National Forest in the State of New Mexico, by ex- changing therefor an equal value of unreserved and un- appropriated public lands within said State. §§ 486a to 486w. Omitted Editorial Notes CODIFICATION Exchanges of lands in or adjacent to national forests were authorized by Congress in the following instances: Absaroka National Forest—Act May 26, 1926, ch. 399, § 4, 44 Stat. 656. Arapaho National Forest—Acts Mar. 3, 1927, ch. 340, 44 Stat. 1378; Dec. 31, 1974, Pub. L. 93–575, 88 Stat. 1878. Ashley National Forest—Act Jan. 26, 1931, ch. 44, 46 Stat. 1040. Black Hills National Forest—Acts Feb. 15, 1927, ch. 152, 44 Stat. 1099; June 15, 1938, ch. 388, 52 Stat. 686. Boise National Forest—Acts July 1, 1930, ch. 85, 46 Stat. 841; May 17, 1934, ch. 292, 48 Stat. 779; June 5, 1942, ch. 342, § 1, 56 Stat. 320; July 17, 1959, Pub. L. 86–92, 73 Stat. 218; Pub. L. 106–493, § 1, Nov. 9, 2000, 114 Stat. 2213. Cache National Forest—Acts May 14, 1914, ch. 89, 38 Stat. 377; Feb. 17, 1917, ch. 86, 39 Stat. 922; Feb. 28, 1919, chs. 73, 77, 40 Stat. 1204, 1208; Feb. 25, 1932, ch. 57, 47 Stat. 55. Calaveras Bigtree National Forest—Acts Feb. 18, 1909, ch. 143, 35 Stat. 627; May 7, 1912, ch. 105, 37 Stat. 108. Caribou National Forest—Acts Apr. 18, 1914, ch. 63, 38 Stat. 346; June 5, 1920, ch. 262, 41 Stat. 1056; June 16, 1948, ch. 476, 62 Stat. 455. Carson National Forest—Acts Apr. 21, 1926, ch. 167, 44 Stat. 303; Apr. 16, 1928, ch. 378, 45 Stat. 431; May 31, 1949, ch. 152, 63 Stat. 144; Oct. 9, 1972, Pub. L. 92–474, 86 Stat. 790. Challis National Forest—Act Apr. 10, 1928, chs. 339, 340, 45 Stat. 415. Chattahoochee National Forest—Act July 20, 1956, ch. 656, 70 Stat. 594.