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43 U.S.C. § 1715 — Acquisitions of public lands and access

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1715 — Acquisitions of public lands and access

Page 535 TITLE 43—PUBLIC LANDS § 1715 drawals other than those made by Act of the Congress in accordance with the recommenda- tions of the President unless before the end of ninety days (not counting days on which the Senate and the House of Representatives has ad- journed for more than three consecutive days) beginning on the day the report of the President has been submitted to the Senate and the House of Representatives the Congress has adopted a concurrent resolution indicating otherwise. If the committee to which a resolution has been referred during the said ninety day period, has not reported it at the end of thirty calendar days after its referral, it shall be in order to ei- ther discharge the committee from further con- sideration of such resolution or to discharge the committee from consideration of any other reso- lution with respect to the Presidential rec- ommendation. A motion to discharge may be made only by an individual favoring the resolu- tion, shall be highly privileged (except that it may not be made after the committee has re- ported such a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion to discharge is agreed to or dis- agreed to, the motion may not be made with re- spect to any other resolution with respect to the same Presidential recommendation. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has

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Page 535 TITLE 43—PUBLIC LANDS § 1715 drawals other than those made by Act of the Congress in accordance with the recommenda- tions of the President unless before the end of ninety days (not counting days on which the Senate and the House of Representatives has ad- journed for more than three consecutive days) beginning on the day the report of the President has been submitted to the Senate and the House of Representatives the Congress has adopted a concurrent resolution indicating otherwise. If the committee to which a resolution has been referred during the said ninety day period, has not reported it at the end of thirty calendar days after its referral, it shall be in order to ei- ther discharge the committee from further con- sideration of such resolution or to discharge the committee from consideration of any other reso- lution with respect to the Presidential rec- ommendation. A motion to discharge may be made only by an individual favoring the resolu- tion, shall be highly privileged (except that it may not be made after the committee has re- ported such a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion to discharge is agreed to or dis- agreed to, the motion may not be made with re- spect to any other resolution with respect to the same Presidential recommendation. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debat- able. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (3) There are hereby authorized to be appro- priated not more than $10,000,000 for the purpose of paragraph (1) of this subsection to be avail- able until expended to the Secretary and to the heads of other departments and agencies which will be involved. (Pub. L. 94–579, title II, § 204, Oct. 21, 1976, 90 Stat. 2751; Pub. L. 103–437, § 16(d)(1), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 113–287, § 5(l)(7), Dec. 19, 2014, 128 Stat. 3271.) Editorial Notes REFERENCES IN TEXT On and after the effective date of this Act, referred to in subsecs. (a) and (k), probably means on and after the date of enactment of Pub. L. 94–579, which was approved Oct. 21, 1976. Act of February 27, 1976 (90 Stat. 199; 16 U.S.C. 668dd(a)), referred to in subsec. (j), is Pub. L. 94–223, Feb. 27, 1976, 90 Stat. 199, which amended section 668dd of Title 16. For complete classification of this Act to the Code, see Tables. This Act, referred to in subsec. (j), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete clas- sification of this Act to the Code, see Tables. The Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22 et seq.), referred to in subsec. (l)(1), is act May 10, 1972, ch. 152, 17 Stat. 91. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For complete classifica- tion of R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables. The Mineral Leasing Act of 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et seq.), referred to in subsec. (l)(1), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. AMENDMENTS 2014—Subsec. (j). Pub. L. 113–287 substituted ‘‘chapter 3203 of title 54’’ for ‘‘the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431–433)’’. 1994—Subsec. (e). Pub. L. 103–437, § 16(d)(1)(A), sub- stituted ‘‘Committee on Natural Resources of the House of Representatives or the Committee on Energy and Natural Resources of the Senate’’ for ‘‘Committee on Interior and Insular Affairs of either the House of Representatives or the Senate’’ and ‘‘both of those Committees’’ for ‘‘the Committees on Interior and In- sular Affairs of the Senate and the House of Represent- atives’’. Subsec. (f). Pub. L. 103–437, § 16(d)(1)(B), substituted ‘‘Committee on Natural Resources of the House of Rep- resentatives and the Committee on Energy and Natural Resources of the Senate’’ for ‘‘Committees on Interior and Insular Affairs of the House of Representatives and the Senate’’. § 1715. Acquisitions of public lands and access over non-Federal lands to National Forest System units (a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent do- main, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the author- ity of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System. (b) Conformity to departmental policies and land-use plan of acquisitions Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land- use plans. (c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within Na- tional Forest System boundaries Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pur- suant to this section or section 1716 of this title Page 536 TITLE 43—PUBLIC LANDS § 1716 shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain pub- lic lands. If such acquired lands or interests in lands are located within the exterior boundaries of a grazing district established pursuant to sec- tion 315 of this title, they shall become a part of that district. Lands and interests in lands ac- quired pursuant to this section which are within boundaries of the National Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest System lands and subject to all the laws, rules, and reg- ulations applicable thereto. (d) Status of lands and interests in lands upon acquisition by Secretary of Agriculture Lands and interests in lands acquired by the Secretary of Agriculture pursuant to this sec- tion shall, upon acceptance of title, become Na- tional Forest System lands subject to all the laws, rules, and regulations applicable thereto. (e) Status and administration of lands acquired in exchange for lands revested in or recon- veyed to United States Lands acquired by the Secretary pursuant to this section or section 1716 of this title in ex- change for lands which were revested in the United States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218) or reconveyed to the United States pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be considered for all purposes to have the same status as, and shall be administered in accord- ance with the same provisions of law applicable to, the revested or reconveyed lands exchanged for the lands acquired by the Secretary. (Pub. L. 94–579, title II, § 205, Oct. 21, 1976, 90 Stat. 2755; Pub. L. 99–632, § 5, Nov. 7, 1986, 100 Stat. 3521.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables. Act of June 9, 1916, referred to in subsec. (e), is not classified to the Code. Act of February 26, 1919, referred to in subsec. (e), is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not clas- sified to the Code. AMENDMENTS 1986—Subsec. (c). Pub. L. 99–632, § 5(1), inserted excep- tion relating to subsec. (e). Subsec. (e). Pub. L. 99–632, § 5(2), added subsec. (e). § 1716. Exchanges of public lands or interests therein within the National Forest System (a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture A tract of public land or interests therein may be disposed of by exchange by the Secretary under this Act and a tract of land or interests therein within the National Forest System may be disposed of by exchange by the Secretary of Agriculture under applicable law where the Sec- retary concerned determines that the public in- terest will be well served by making that ex- change: Provided, That when considering public interest the Secretary concerned shall give full consideration to better Federal land manage- ment and the needs of State and local people, in- cluding needs for lands for the economy, com- munity expansion, recreation areas, food, fiber, minerals, and fish and wildlife and the Secretary concerned finds that the values and the objec- tives which Federal lands or interests to be con- veyed may serve if retained in Federal owner- ship are not more than the values of the non- Federal lands or interests and the public objec- tives they could serve if acquired. (b) Implementation requirements; cash equali- zation waiver In exercising the exchange authority granted by subsection (a) or by section 1715(a) of this title, the Secretary concerned may accept title to any non-Federal land or interests therein in exchange for such land, or interests therein which he finds proper for transfer out of Federal ownership and which are located in the same State as the non-Federal land or interest to be acquired. For the purposes of this subsection, unsurveyed school sections which, upon survey by the Secretary, would become State lands, shall be considered as ‘‘non-Federal lands’’. The values of the lands exchanged by the Secretary under this Act and by the Secretary of Agri- culture under applicable law relating to lands within the National Forest System either shall be equal, or if they are not equal, the values shall be equalized by the payment of money to the grantor or to the Secretary concerned as the circumstances require so long as payment does not exceed 25 per centum of the total value of the lands or interests transferred out of Federal ownership. The Secretary concerned and the other party or parties involved in the exchange may mutually agree to waive the requirement for the payment of money to equalize values where the Secretary concerned determines that the exchange will be expedited thereby and that the public interest will be better served by such a waiver of cash equalization payments and where the amount to be waived is no more than 3 per centum of the value of the lands being transferred out of Federal ownership or $15,000, whichever is less, except that the Secretary of Agriculture shall not agree to waive any such requirement for payment of money to the United States. The Secretary concerned shall try to reduce the amount of the payment of money to as small an amount as possible. (c) Status of lands acquired upon exchange by Secretary of the Interior Lands acquired by the Secretary by exchange under this section which are within the bound- aries of any unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers Sys- tem, National Trails System, National Wilder- ness Preservation System, or any other system established by Act of Congress, or the bound- aries of the California Desert Conservation Area, or the boundaries of any national con- servation area or national recreation area estab- lished by Act of Congress, upon acceptance of title by the United States shall immediately be

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 431 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, act June 8, 1906, ch. 3060, § 2, 34 Stat. 225, authorized declaration of national monuments. See section 320301(a) to (c) of Title 54, National Park Service and Related Programs.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 431 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,

Page 530 TITLE 16—CONSERVATION § 431 and leaders, and other interested parties in the preparation of the management plan. (C) Inclusions The plan shall include— (i) consideration of opportunities for in- volvement by and support for the Park by State, county, and local governmental en- tities and nonprofit organizations and other interested parties; and (ii) steps for the preservation of the re- sources of the site and the costs associated with these efforts. (D) Submission to Congress On the completion of the general manage- ment plan, the Secretary shall submit a copy of the plan to the Committee on Nat- ural Resources of the House of Representa- tives and the Committee on Energy and Nat- ural Resources of the Senate. (3) Cooperative agreements The Secretary may enter into cooperative agreements with State, county, local, and civic organizations to carry out this section. (c) Report Not later than 3 years after March 30, 2009, the Secretary shall submit to the Committee on En- ergy and Natural Resources of the Senate and the Committee on Natural Resources of the House a report describing the progress made with respect to acquiring real property under this section and designating the River Raisin National Battlefield Park. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 111–11, title VII, § 7003, Mar. 30, 2009, 123 Stat. 1188.) Editorial Notes REFERENCES IN TEXT The National Park Service Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (b)(1), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 668dd — National Wildlife Refuge System

**(a) Designation; administration; continuance of resources-management-programs for refuge lands in Alaska; disposal of acquired lands; proceeds** (1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the “National Wildlife Refuge System” (referred to herein as the “System”), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States Fish and Wildlife Service. With respect to refuge lands in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility. (2) The mission of the System is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans. (3) With respect to the System, it is the policy of the United States that— (A) each refuge shall be managed to fulfill the mission of the System, as well as the specific pu

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 668dd — National Wildlife Refuge System

Page 1173 TITLE 16—CONSERVATION § 668dd section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously, ‘‘United States magistrate’’ sub- stituted for ‘‘United States commissioner’’ in subsec. (a) pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 668c. Definitions As used in this subchapter ‘‘whoever’’ includes also associations, partnerships, and corpora- tions; ‘‘take’’ includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; ‘‘transport’’ includes also ship, convey, carry, or

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 181 — Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by this chapter to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 181 — Lands subject to disposition; persons enti-

Page 35 TITLE 30—MINERAL LANDS AND MINING § 181 Sec. SUBCHAPTER V—OIL SHALE 241. Leases of lands. 242. Oil shale claims. SUBCHAPTER VI—ALASKA OIL PROVISO 251. Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rent- als and royalties; fraud of claimants. SUBCHAPTER VII—SODIUM 261. Prospecting permits; lands included; acreage. 262. Leases to permittees; survey of lands; royal- ties and annual rentals. 263. Permits to use or lease of nonmineral lands for camp sites, and other purposes; annual rentals; acreage. SUBCHAPTER VIII—SULPHUR 271. Prospecting permits; lands included; acreage. 272. Leases to permittees; privileges extended to oil and gas permittees. 273. Lease of lands not covered by permits or leases; acreage; rental. 274. Lands containing coal or other minerals. 275. Laws applicable. 276. Application of subchapter to Louisiana and New Mexico only. SUBCHAPTER IX—POTASH 281. Prospecting permits for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium; authorization; acreage; lands af- fected. 282. Leases to permittees of lands showing valu- able deposits; royalty. 283. Lands containing valuable deposits not cov- ered by permits or leases; authority to lease; acreage; conditions; renewals; exemp- tions from rentals and royalties; suspension of operations. 284. Lands containing coal or other minerals in addition to potassium deposits; issuance of prospecting permits and leases; covenants in potassium leases. 285. Laws applicable. 286. Disposition of royalties and rents from potas- sium leases. 287. Extension of prospecting permits. SUBCHAPTER I—GENERAL PROVISIONS § 181. Lands subject to disposition; persons enti- tled to benefits; reciprocal privileges; heliu

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 22 — Lands open to purchase by citizens

Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 22 — Lands open to purchase by citizens

Page 8 TITLE 30—MINERAL LANDS AND MINING § 21 Sec. 43. Conditions of sale by local legislature. 44, 45. Omitted. 46. Additional land districts and officers. 47. Impairment of rights or interests in certain mining property. 48. Lands in Michigan, Wisconsin, and Min- nesota; sale and disposal as public lands. 49. Lands in Missouri and Kansas; disposal as ag- ricultural lands. 49a. Mining laws of United States extended to Alaska; exploration and mining for precious metals; regulations; conflict of laws; per- mits; dumping tailings; pumping from sea; reservation of roadway; title to land below line of high tide or high-water mark; trans- fer of title to future State. 49b. Mining laws relating to placer claims ex- tended to Alaska. 49c. Recording notices of location of Alaskan min- ing claims. 49d. Miners’ regulations for recording notices in Alaska; certain records legalized. 49e. Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; per- jury. 49f. Fees of recorders in Alaska for filing proofs of work and improvements. 50. Grants to States or corporations not to in- clude mineral lands. 51. Water users’ vested and accrued rights; enu- meration of uses; protection of interest; rights-of-way for canals and ditches; liabil- ity for injury or damage to settlers’ posses- sion. 52. Patents or homesteads subject to vested and accrued water rights. 53. Possessory actions for recovery of mining ti- tles or for damages to such title. 54. Liability for damages to stock raising and homestead entries by mining activities. § 21. Mineral lands reserved In all cases lands valuable for minerals shall be reserved from sale, except as otherwise ex- pressly directed by law. (R

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1715 — Acquisitions of public lands and access over non-Federal lands to National Forest System units

**(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture** Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the authority of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System. **(b) Conformity to departmental policies and land-use plan of acquisitions** Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans. **(c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within National Forest System boundaries** Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or [section 1716 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1716&num=0&edition=prelim) shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public la

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