43 U.S.C. § 2606 — Oregon and California Railroad revested

Page 645 TITLE 43—PUBLIC LANDS § 2606 tions, to consult with the Oregon State Board of Forestry, representatives of timber owners and operators on or contiguous to said revested and reconveyed lands, and other persons or agencies interested in the use of such lands. In formulating regulations for the protection of such timberlands against fire, the Secretary is authorized, in his discretion, to consult and advise with Federal, State, and county agencies engaged in forest-fire-protection work, and to make agreements with such agencies for the co- operative administration of fire regulations therein: Provided, That rules and regulations for the protection of the revested lands from fire shall conform with the requirements and prac- tices of the State of Oregon insofar as the same are consistent with the interests of the United States. (Aug. 28, 1937, ch. 876, title I, § 5, 50 Stat. 875.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’, meaning act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to this sub- chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1181e of this title prior to editorial reclassification and renum- bering as this section. § 2605. Oregon and California land-grant fund; annual distribution of moneys On and after March 1, 1938, all moneys depos- ited in the Treasury of the United States in the special fund designated the ‘‘Oregon and Cali- fornia land-grant fund’’ shall be distributed an- nually as follows: (a) Fifty per centum to the counties in which the lands revested under the Act of June 9, 1916 (39 Stat. 218), are situated, to be payable on or after June 30, 1938, and each year thereafter to each of said counties in the proportion that the total assessed value of the Oregon and California grant lands in each of said counties for the year 1915 bears to the total assessed value of all of said lands in the State of Oregon for said year, such moneys to be used as other county funds: Provided, however, That for the purposes of this subsection the portion of the said revested Or- egon and California railroad grant lands in each of said counties which was not assessed for the year 1915 shall be deemed to have been assessed at the average assessed value of the grant lands in said county. (b) Twenty-five per centum to said counties as money in lieu of taxes accrued or which shall ac- crue to them prior to March 1, 1938, under the provisions of the Act of July 13, 1926 (44 Stat. 915), and which taxes are unpaid on said date, such moneys to be paid to said counties sever- ally by the Secretary of the Treasury of the United States, upon certification by the Sec- retary of the Interior, until such tax indebted- ness as shall have accrued prior to March 1, 1938, is extinguished. From and after payment of the above accrued taxes said 25 per centum shall be accredited an- nually to the general fund in the Treasury of the United States until all reimbursable charges against the Oregon and California land-grant fund owing to the general fund in the Treasury have been paid: Provided, That if for any year after the extinguishment of the tax indebtedness accruing to the counties prior to March 1, 1938, under the provisions of Forty-fourth Statutes, page 915, the total amount payable under sub- section (a) of this section is less than 78 per cen- tum of the aggregate amount of tax claims which accrued to said counties under said Act for the year 1934, there shall be additionally payable for such year such portion of said 25 per centum (but not in excess of three-fifths of said 25 per centum), as may be necessary to make up the deficiency. When the general fund in the Treasury has been fully reimbursed for the ex- penditures which were made charges against the Oregon and California land-grant fund said 25 per centum shall be paid annually, on or after September 30, to the several counties in the manner provided in subsection (a) hereof. (c) Twenty-five per centum to be available for the administration of this subchapter, in such annual amounts as the Congress shall from time to time determine. Any part of such per centum not used for administrative purposes shall be covered into the general fund of the Treasury of the United States: Provided, That moneys cov- ered into the Treasury in such manner shall be used to satisfy the reimbursable charges against the Oregon and California land-grant fund men- tioned in subsection (b) so long as any such charges shall exist. (Aug. 28, 1937, ch. 876, title II, 50 Stat. 875; June 24, 1954, ch. 357, § 1(b), 68 Stat. 271; Pub. L. 94–273, § 2(28), Apr. 21, 1976, 90 Stat. 376.) Editorial Notes REFERENCES IN TEXT Act of June 9, 1916, referred to in subsec. (a), is act June 9, 1916, ch. 137, 39 Stat. 218, which is not classified to the Code. Act of July 13, 1926 (44 Stat. 915), Forty-fourth Stat- utes, page 915, and said Act, referred to in subsec. (b), mean act July 13, 1926, ch. 897, 44 Stat. 915, which is not classified to the Code. This subchapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to this sub- chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1181f of this title prior to editorial reclassification and renum- bering as this section. Section comprises all of title II of act Aug. 28, 1937, except the last par. which is set out as a Repeals note under section 2601 of this title. AMENDMENTS 1976—Subsec. (b). Pub. L. 94–273 substituted ‘‘Sep- tember’’ for ‘‘June’’. 1954—Subsec. (a). Act June 24, 1954, inserted proviso relating to determination of assessment. § 2606. Oregon and California Railroad revested lands and Coos Bay Wagon Road reconveyed lands (a) In general Notwithstanding any other provision of law, with respect to the Oregon and California Rail- Page 646 TITLE 43—PUBLIC LANDS § 2607 road grant land revested in the United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Coos Bay Wagon Road grant land recon- veyed to the United States by the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937 (43 U.S.C. 2601 et seq.), the Sec- retary of the Interior, acting through the Direc- tor of the Bureau of Land Management, shall not be required to engage in consultation under any law (including section 7 of Public Law 93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regula- tion)), with respect to— (1) the listing of a species as threatened or endangered, or a designation of critical habi- tat, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), if a land use plan has been adopt- ed by the Secretary of the Interior as of the date of listing or designation; and (2) any provision of a land use plan adopted as described in paragraph (1). (b) Effect of section Nothing in this section affects any applicable requirement of the Secretary of the Interior to consult with the head of any other Federal de- partment or agency— (1) regarding a project carried out, or pro- posed to be carried out, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), including any requirement to consult regarding the con- sideration of the cumulative impacts of com- pleted, ongoing, and planned projects; or (2) with respect to the development of a new land use plan or the revision of or other sig- nificant change to an existing land use plan. (Pub. L. 115–141, div. O, title II, § 209, Mar. 23, 2018, 132 Stat. 1067.) Editorial Notes REFERENCES IN TEXT Acts of June 9, 1916, and February 26, 1919, referred to in subsec. (a), are acts June 9, 1916, ch. 137, 39 Stat. 218, and Feb. 26, 1919, ch. 47, 40 Stat. 1179, respectively, which are not classified to the Code. The Act of August 28, 1937, referred to in subsec. (a), is act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classi- fied principally to this subchapter. For complete classi- fication of this Act to the Code, see Tables. Public Law 93–205, referred to in subsecs. (a)(1) and (b)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, known as the Endangered Species Act of 1973, which is classi- fied principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. CODIFICATION Section was enacted as part of the Wildfire Suppres- sion Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Act of August 28, 1937, which comprises this subchapter. § 2607. Protection of Oregon and California Rail- road grant lands (a) Definitions For purposes of this section: (1) O & C land The term ‘‘O & C land’’ means the land (com- monly known as ‘‘Oregon and California Rail- road grant land’’) that— (A) revested in the United States under the Act of June 9, 1916 (39 Stat. 218, chapter 137); and (B) is managed by the Secretary of the In- terior through the Bureau of Land Manage- ment under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (2) CBWR land The term ‘‘CBWR land’’ means the land (commonly known as ‘‘Coos Bay Wagon Road grant land’’) that— (A) was reconveyed to the United States under the Act of February 26, 1919 (40 Stat. 1179, chapter 47); and (B) is managed by the Secretary of the In- terior through the Bureau of Land Manage- ment under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (3) Geographic area The term ‘‘geographic area’’ means the area in the State of Oregon within the boundaries of the Medford District, Roseburg District, Eu- gene District, Salem District, Coos Bay Dis- trict, and Klamath Resource Area of the Lakeview District of the Bureau of Land Man- agement, as the districts and the resource area were constituted on January 1, 1998. (4) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (b) Policy of no net loss of O & C land and CBWR land In carrying out sales, purchases, and ex- changes of land in the geographic area, the Sec- retary shall ensure that on October 30, 2008, and on the expiration of each 10-year period there- after, the number of acres of O & C land and CBWR land in the geographic area is not less than the number of acres of such land on Octo- ber 30, 1998. (c) Relationship to Umpqua land exchange au- thority Notwithstanding any other provision of this section, this section shall not apply to an ex- change of land authorized pursuant to section 1028 of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4231), or any implementing legislation or administrative rule, if the land exchange is con- sistent with the memorandum of understanding between the Umpqua Land Exchange Project and the Association of Oregon and California Land Grant Counties dated February 19, 1998. (Pub. L. 105–321, § 3, Oct. 30, 1998, 112 Stat. 3022; Pub. L. 106–176, title III, § 304, Mar. 10, 2000, 114 Stat. 33.) Editorial Notes REFERENCES IN TEXT Act of June 9, 1916, referred to in subsec. (a)(1)(A), is act June 9, 1916, ch. 137, 39 Stat. 218, which is not classi- fied to the Code. Act of August 28, 1937 (43 U.S.C. 1181a et seq.), re- ferred to in subsec. (a)(1)(B), (2)(B), probably means act Aug. 28, 1937, ch. 876, 50 Stat. 874, which was formerly classified principally to sections 1181a to 1181f of this title prior to editorial reclassification, and is now clas-