16 U.S.C. § 516 — Exchange of lands in the public interest;

Page 955 TITLE 16—CONSERVATION § 516 and membership of National Forest Reservation Com- mission. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Section 17(a)(1) of Pub. L. 94–588 provided in part that all functions of National Forest Reservation Commis- sion are transferred to the Secretary of Agriculture. § 514. Repealed. Pub. L. 94–588, § 17(a)(6), Oct. 22, 1976, 90 Stat. 2962 Section, acts Mar. 1, 1911, ch. 186, § 14, 36 Stat. 963; June 26, 1934, ch. 756, § 2, 48 Stat. 1225, authorized appro- priations for payment of expenses of National Forest Reservation Commission. § 515. Examination, location, and purchase of for- ested, cut-over, or denuded lands; consent of State legislature to acquisition of land by the United States The Secretary of Agriculture is hereby author- ized and directed to examine, locate, and pur- chase such forested, cut-over, or denuded lands within the watersheds of navigable streams as in his judgment may be necessary to the regula- tion of the flow of navigable streams or for the production of timber. No deed or other instru- ment of conveyance of lands referred to herein shall be accepted or approved by the Secretary of Agriculture under this Act until the legisla- ture of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of pre- serving the navigability of navigable streams. (Mar. 1, 1911, ch. 186, § 6, 36 Stat. 962; June 7, 1924, ch. 348, § 6, 43 Stat. 654; Pub. L. 94–588, § 17(a)(3), Oct. 22, 1976, 90 Stat. 2961.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 516 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. CODIFICATION Act Mar. 1, 1911, prior to its amendment, authorized the Secretary to study lands necessary to the regula- tion of the flow of navigable streams. This authority was enlarged by act June 7, 1924, to include in its scope ‘‘lands necessary for the production of timber’’. AMENDMENTS 1976—Pub. L. 94–588 substituted ‘‘The Secretary of Ag- riculture is hereby authorized and directed to examine, locate, and purchase such forested, cut-over, or denuded lands within the watersheds of navigable streams as in his judgment may be necessary to the regulation of the flow of navigable streams or for the production of timber. No deed or other instrument of conveyance of lands referred to herein shall be accepted or approved by the Secretary of Agriculture under this Act until the legislature of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the navigability of navigable streams’’ for ‘‘The Secretary of Agriculture is authorized and directed to examine, locate, and recommend for purchase such forested, cut- over, or denuded lands within the watersheds of navi- gable streams as in his judgment may be necessary to the regulation of the flow of navigable streams or for the production of timber and to report to the National Forest Reservation Commission the results of such ex- amination; but before any lands are purchased by the commission said lands shall be examined by the Sec- retary of Agriculture, in cooperation with the Director of the Geological Survey, and a report made by them to the commission showing that the control of such lands by the Federal Government will promote or protect the navigation of streams or by the Secretary of Agri- culture showing that such control will promote the production of timber thereon’’. § 516. Exchange of lands in the public interest; equal value; cutting and removing timber; publication of contemplated exchange When the public interests will be benefited thereby, the Secretary of Agriculture is hereby authorized, in his discretion, to accept on behalf of the United States title to any lands within the exterior boundaries of national forests which, in his opinion, are chiefly valuable for the purposes of this Act, and in exchange there- for to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the grantor to cut and remove an equal value of timber within such national forests in the same State, the values in each case to be determined by him: Provided, That before any such exchange is effected notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of gen- eral circulation in the county or counties in which may be situated the lands to be accepted, and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in such exchanges shall be cut and re- moved under the laws and regulations relating to such national forests, and under the direction and supervision and in accordance with the re- quirements of the Secretary of Agriculture. Lands so accepted by the Secretary of Agri- culture shall, upon acceptance, become parts of the national forests within whose exterior boundaries they are located, and be subjected to all provisions of this Act. (Mar. 1, 1911, ch. 186, § 7, 36 Stat. 962; Mar. 3, 1925, ch. 473, 43 Stat. 1215; Pub. L. 94–588, § 17(a)(4), Oct. 22, 1976, 90 Stat. 2961.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515, 517 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. AMENDMENTS 1976—Pub. L. 94–588 substituted ‘‘When the public in- terests will be benefited thereby, the Secretary of Agri- culture is hereby authorized, in his discretion, to ac- cept on behalf of the United States title to any lands within the exterior boundaries of national forests which, in his opinion, are chiefly valuable for the pur- Page 956 TITLE 16—CONSERVATION § 517 poses of this Act, and in exchange therefor to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the grantor to cut and remove an equal value of timber within such national forests in the same State, the val- ues in each case to be determined by him: Provided, That before’’ for ‘‘The Secretary of Agriculture is au- thorized to purchase, in the name of the United States, such lands as have been approved for purchase by the National Forest Reservation Commission at the price or prices fixed by said commission. No deed or other in- strument of conveyance shall be accepted or approved by the Secretary of Agriculture under this section until the legislature of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the naviga- bility of navigable streams. With the approval of the National Forest Reservation Commission as provided by this section and section 515 of this title, and when the public interests will be benefited thereby, the Sec- retary of Agriculture is authorized, in his discretion, to accept on behalf of the United States title to any lands within the exterior boundaries of national forests ac- quired under said sections which, in his opinion, are chiefly valuable for the purposes as therein stated, and in exchange therefor to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the grantor to cut and re- move an equal value of timber within such national for- ests in the same State, the values in each case to be de- termined by him. Before’’. 1925—Act Mar. 3, 1925, inserted provisions covering the exchange of lands. § 517. Title to lands to be acquired The Secretary of Agriculture may do all things necessary to secure the safe title in the United States to the lands to be acquired under this Act, but no payment shall be made for any such lands until the title shall be satisfactory to the Attorney General or his designee and shall be vested in the United States. (Mar. 1, 1911, ch. 186, § 8 (part), 36 Stat. 962; Pub. L. 91–393, § 3, Sept. 1, 1970, 84 Stat. 835.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515, 516, 517a to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. CODIFICATION Section was amended by act Dec. 11, 1926, ch. 5, 44 Stat. 919. The amendment added a proviso at the end of this section which is set out as section 517a of this title. AMENDMENTS 1970—Pub. L. 91–393 inserted ‘‘or his designee’’ after ‘‘Attorney General’’. § 517a. Payment of awards in condemnation pro- ceedings In condemnation proceedings, heretofore or hereafter prosecuted, for the acquisition of lands under this Act, in which a decree is entered vest- ing title thereto in the United States upon pay- ment of the award into the registry of the court, the Secretary of Agriculture is authorized to make such payment when advised by the Attor- ney General that the proceedings and the decree are regular. (Mar. 1, 1911, ch. 186, § 8 (part), 36 Stat. 962; Dec. 11, 1926, ch. 5, 44 Stat. 919.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515 to 517, 518, 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. AMENDMENTS 1926—Act Dec. 11, 1926, amended act Mar. 1, 1911, con- stituting section 517 of this title, by inserting text of this section as a proviso thereof. § 518. Acquisition of lands not defeated by rights- of-way, easements, and reservations Such acquisition by the United States shall in no case be defeated because of located or defined rights of way, easements, and reservations, which, from their nature will, in the opinion of the Secretary of Agriculture, in no manner interfere with the use of the lands so encum- bered, for the purposes of this Act. Such rights of way, easements, and reservations retained by the owner from whom the United States receives title, shall be subject to the rules and regula- tions prescribed by the Secretary of Agriculture for their occupation, use, operation, protection, and administration, and such rules and regula- tions shall be expressed in and made part of the written instrument conveying title to the lands to the United States; and the use, occupation, and operation of such rights of way, easements, and reservations shall be under, subject to, and in obedience with the rules and regulations so expressed. (Mar. 1, 1911, ch. 186, § 9, 36 Stat. 962; Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 855; Pub. L. 94–588, § 17(a)(5), Oct. 22, 1976, 90 Stat. 2962.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515 to 517a, 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. AMENDMENTS 1976—Pub. L. 94–588 struck out ‘‘the National Forest Reservation Commission and’’ after ‘‘in the opinion of’’. 1913—Act Mar. 4, 1913, amended act Mar. 1, 1911, gen- erally to provide that acquisition of lands under this section would not be defeated by rights of way, ease- ments, and reservations retained by the owner from whom title is received. § 519. Agricultural lands included in tracts ac- quired; sale for homesteads Inasmuch as small areas of land chiefly valu- able for agriculture may of necessity or by inad-