16 U.S.C. § 523 — Omitted

Page 960 TITLE 16—CONSERVATION § 521f other land description indicating that there was not such encroachment; (3) road rights-of-way, reserved or acquired, which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States, subject to the first right of abutting landowners to ac- quire such rights-of-way; (4) parcels of 40 acres or less that are deter- mined by the Secretary— (A) to be physically isolated from other Federal land; (B) to be inaccessible; or (C) to have lost National Forest character; (5) parcels of 10 acres or less that are not eli- gible for conveyance under paragraph (2) but are encroached on by a permanent habitable improvement for which there is no evidence that the encroachment was intentional or neg- ligent; or (6) parcels used as a cemetery (including a parcel of not more than 1 acre adjacent to the parcel used as a cemetery), a landfill, or a sew- age treatment plant under a special use au- thorization issued or otherwise authorized by the Secretary. (Pub. L. 97–465, § 3, Jan. 12, 1983, 96 Stat. 2535; Pub. L. 115–334, title VIII, § 8621(a), (b), Dec. 20, 2018, 132 Stat. 4852.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334, § 8621(a), substituted ‘‘$500,000’’ for ‘‘$150,000’’ in introductory provisions. Pars. (4) to (6). Pub. L. 115–334, § 8621(b), added pars. (4) to (6). § 521f. Costs of conveyance and value of improve- ments Any person to whom lands are conveyed under sections 521c to 521i of this title shall bear all reasonable costs of administration, survey, and appraisal incidental to such conveyance, as de- termined by the Secretary. In determining the value of any lands or interest in lands to be con- veyed under sections 521c to 521i of this title, the Secretary may, in those cases in which the Sec- retary determines it would be in the public in- terest, exclude from such determination the value of any improvements to the lands made by any person other than the Government. In the case of road rights-of-way conveyed under sec- tions 521c to 521i of this title, the person to whom the right-of-way is conveyed shall reim- burse the United States for the value of any im- provements to such right-of-way which may have been made by the United States. The Sec- retary may, in those cases in which the Sec- retary determines that it would be in the public interest, waive payment by any person of costs incidental to any conveyance authorized by sec- tions 521c to 521i of this title or reimbursement by any person for the value of improvements to rights-of-way otherwise required by this section. (Pub. L. 97–465, § 4, Jan. 12, 1983, 96 Stat. 2536.) § 521g. Road rights-of-way subject to State or local law Conveyance of any road rights-of-way under sections 521c to 521i of this title shall not be con- strued as permitting any designation, mainte- nance, or use of such rights-of-way for road or other purposes except to the extent permitted by State or local law and under conditions im- posed by such law. (Pub. L. 97–465, § 5, Jan. 12, 1983, 96 Stat. 2536.) § 521h. Regulations; contents The Secretary shall issue regulations to carry out the provisions of sections 521c to 521i of this title, including specification of— (1) criteria which shall be used in making the determination as to what constitutes the public interest; (2) the definition of and the procedure for de- termining ‘‘approximately equal value’’; and (3) factors relating to location or size which shall be considered in connection with deter- mining the lands to be sold, exchanged, or interchanged under clause (1) of section 521e of this title. (Pub. L. 97–465, § 6, Jan. 12, 1983, 96 Stat. 2536.) § 521i. Unaffected lands Nothing in sections 521c to 521i of this title shall authorize conveyance of Federal lands within the National Wilderness Preservation System, National Wild and Scenic Rivers Sys- tem, National Trails System, or National Monu- ments. Nothing in sections 521c to 521i of this title shall authorize sale of Federal lands, with- in National Recreation Areas. (Pub. L. 97–465, § 7, Jan. 12, 1983, 96 Stat. 2536.) § 522. Omitted Editorial Notes CODIFICATION Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which author- ized the Secretary of the Interior to permit the use of rights-of-way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for various public utility purposes, was omitted in view of the repeal of its provisions insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National For- est System by Pub. L. 94–579. Act Feb. 15, 1901 is also classified to section 959 of Title 43, Public Lands, and was also classified to section 79 of this title prior to its omission from the Code. § 523. Omitted Editorial Notes CODIFICATION Section, acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which authorized heads of departments to grant easements for rights-of-way on ‘‘the public lands, national forests, and reservations of the United States’’ for electrical power and commu- nications purposes, was omitted because its provisions, as they related to public lands and lands in the Na- tional Forest System, were repealed by Pub. L. 94–579 and because act Mar. 4, 1911, is also classified to section 961 of Title 43, Public Lands. It was also classified to Page 961 TITLE 16—CONSERVATION § 526 sections 5 and 420 of this title prior to their omission from the Code. § 524. Rights-of-way for dams, reservoirs, or water plants for municipal, mining, and mill- ing purposes Rights-of-way for the construction and main- tenance of dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and canals, with- in and across the national forests of the United States, are granted to citizens and corporations of the United States for municipal or mining purposes, and for the purposes of the milling and reduction of ores, during the period of their ben- eficial use, under such rules and regulations as may be prescribed by the Secretary of the Inte- rior, and subject to the laws of the State or Ter- ritory in which said forests are respectively sit- uated. (Feb. 1, 1905, ch. 288, § 4, 33 Stat. 628.) REPEALS Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Editorial Notes CODIFICATION ‘‘National forests’’ and ‘‘forests’’ substituted in text for ‘‘forest reserves’’ and ‘‘reserves’’, respectively, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Repeal by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, insofar as applicable to the issuance of rights-of-way, not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Pub- lic Lands. § 525. Rights-of-way for wagon roads or railroads In the form provided by existing law the Sec- retary of the Interior may file and approve sur- veys and plats of any right of way for a wagon road, railroad, or other highway over and across any national forest when in his judgment the public interests will not be injuriously affected thereby. (Mar. 3, 1899, ch. 427, § 1, 30 Stat. 1233.) Editorial Notes CODIFICATION As originally enacted, this section contained fol- lowing the word ‘‘forest’’ the words ‘‘or reservoir site’’. See sections 665 and 958 of Title 43, Public Lands, which represent the phase of the section here omitted. ‘‘National forest’’ substituted in text for ‘‘forest re- serve’’ on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands. § 526. Establishment and protection of water rights There are authorized to be appropriated for ex- penditure by the Forest Service such sums as may be necessary for the investigation and es- tablishment of water rights, including the pur- chase thereof or of lands or interests in lands or rights-of-way for use and protection of water rights necessary or beneficial in connection with the administration and public use of the na- tional forests. (Sept. 21, 1944, ch. 412, title II, § 213, 58 Stat. 737.) Editorial Notes CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. Statutory Notes and Related Subsidiaries INTERIM MORATORIUM ON BYPASS FLOWS Pub. L. 104–127, title III, § 389, Apr. 4, 1996, 110 Stat. 1021, as amended by Pub. L. 104–180, title VII, § 736, Aug. 6, 1996, 110 Stat. 1607, provided that: ‘‘(a) MORATORIUM.—There shall be a 20-month mora- torium on any Forest Service decision to require by- pass flows or any other relinquishment of the unimpaired use of a decreed water right as a condition of renewal or reissuance of a land use authorization permit. ‘‘(b) LIMITATIONS.—Subsection (a) shall not affect— ‘‘(1) obligations or authority of the Secretary of Ag- riculture to protect public health and safety; and ‘‘(2) obligations or authority under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or applica- ble State law. ‘‘(c) RULES OF CONSTRUCTION.— ‘‘(1) EXISTING NON-FEDERAL WATER RIGHTS.—Nothing in this section prevents or inhibits the exercise of the use and operation of existing non-Federal water rights on or above the National Forest land that re- quire land use authorization permits from the Forest Service to access water supply facilities. ‘‘(2) RENEWAL OR REISSUANCE OF EXPIRING LAND USE AUTHORIZATION FOR DECREED WATER RIGHTS.—Nothing in this section prevents or inhibits the renewal or reissuance of expiring land use authorizations for de- creed water rights. The Forest Service may extend, as needed, any expiring land use authorization for such time as is necessary to incorporate the results of the study authorized by subsection (d). ‘‘(d) STUDY OF WATER RIGHTS ACROSS FEDERAL LANDS.— ‘‘(1) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this Act [Apr. 4, 1996], there shall be established a Water Rights Task Force to study the subjects described in paragraph (3). ‘‘(2) MEMBERSHIP.—The Task Force shall be com- posed of 7 members appointed as follows: ‘‘(A) 1 member shall be appointed by the Sec- retary of Agriculture. ‘‘(B) 2 members shall be appointed by the Speaker of the House of Representatives and 1 member shall be appointed by the Minority Leader of the House of Representatives. ‘‘(C) 2 members shall be appointed by the Major- ity Leader of the Senate and 1 member shall be ap- pointed by the Minority Leader of the Senate.