43 U.S.C. § 975 — Untitled legal text

Page 301 TITLE 43—PUBLIC LANDS §§ 975, 975a Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub.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 this title. § 971. Bathhouses, hotels, etc., adjacent to min- eral, medicinal, etc., springs on public lands The Secretary of the Interior, upon such terms and under such regulations as he may deem proper, may permit responsible persons or asso- ciations to use and occupy, for the erection of bathhouses, hotels, or other improvements for the accommodation of the public, suitable spaces or tracts of land near or adjacent to min- eral, medicinal, or other springs which are lo- cated upon unreserved public lands or public lands which have been withdrawn for the protec- tion of such springs: Provided, That permits or leases hereunder shall be for periods not exceed- ing twenty years. (Mar. 3, 1925, ch. 458, 43 Stat. 1133.) § 971a. Alaskan lands within highway, telephone, and pipeline withdrawals; disposal; amend- ment of land description of claim or entry on adjoining lands Upon revocation of a withdrawal for highways, telephone lines, or pipelines, in Alaska, the lands involved shall be subject to disposal only under laws specified by the Secretary of the In- terior, subject to easements as established by the Secretary. Notwithstanding any statutory limitation on the area which may be included in an unpatented claim or entry, the Secretary may permit the amendment of the land descrip- tion of a claim or entry on adjoining lands to in- clude the restored lands. (Aug. 1, 1956, ch. 848, § 1, 70 Stat. 898.) Editorial Notes CODIFICATION This section was formerly classified to section 420 of Title 48, Territories and Insular Possessions. § 971b. Sale of restored Alaskan lands; preference rights; consent of Federal agency The Secretary may sell such restored lands for not less than their appraised value, giving an appropriate preference right to the holders of adjoining claims or entries and to owners of ad- joining private lands. If such lands are under the jurisdiction of a Federal department or agency other than the Department of the Interior, any sale thereof shall be made only with the consent of such department or agency. (Aug. 1, 1956, ch. 848, § 2, 70 Stat. 898.) Editorial Notes CODIFICATION Section was formerly classified to section 420a of Title 48, Territories and Insular Possessions. § 971c. Utilization or occupancy of Alaskan ease- ments; consent of agency Lands in Alaska within an easement estab- lished under sections 971a to 971e of this title by the Secretary of the Interior may not be utilized or occupied without the permission of the Sec- retary, or an officer or agency designated by him. If the lands crossed by an easement estab- lished under sections 971a to 971e of this title are under the jurisdiction of a Federal department or agency other than the Department of the In- terior, or of a State, Territory, or other govern- ment subdivision or agency, such permission may be granted only with the consent of such department, agency, or other governmental unit. (Aug. 1, 1956, ch. 848, § 3, 70 Stat. 898.) Editorial Notes CODIFICATION Section was formerly classified to section 420b of Title 48, Territories and Insular Possessions. § 971d. Effect on valid existing Alaskan rights Nothing in sections 971a to 971e of this title shall affect adversely any valid existing rights. (Aug. 1, 1956, ch. 848, § 4, 70 Stat. 898.) Editorial Notes CODIFICATION Section was formerly classified to section 420c of Title 48, Territories and Insular Possessions. § 971e. Definition of restored Alaskan lands For the purposes of sections 971a to 971e of this title, the words ‘‘restored lands’’ include, with- out limiting the meaning thereof, those lands at Big Delta and Tok Junctions that are withdrawn by public land orders numbered 808 and 975 and that lie between the centerline of the Richard- son and Glenn Highways and the land included within United States surveys 2727, 2728, 2770, 2771, 2772, 2773, 2774, 2723, 2724, 2725, and 2726. (Aug. 1, 1956, ch. 848, § 5, as added Pub. L. 86–512, June 11, 1960, 74 Stat. 207.) Editorial Notes CODIFICATION Section was formerly classified to section 420d of Title 48, Territories and Insular Possessions. §§ 975, 975a. Repealed. Pub. L. 97–468, title VI, § 615(a)(1), Jan. 14, 1983, 96 Stat. 2577 Section 975, acts Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305; Apr. 10, 1926, ch. 114, 44 Stat. 239; Aug. 4, 1955, ch. 554, 69 Stat. 494; Nov. 1, 1978, Pub. L. 95–565, § 4(a), 92 Stat. 2399; Oct. 10, 1980, Pub. L. 96–423, § 15, 94 Stat. 1817, re- lated to location, construction, and operation of Alaska Railroad and powers and duties of President in connec- tion therewith, and security officers. Section was com- prised of first and second paragraphs of section 1 of act Mar. 12, 1914. The first paragraph was included in the Act as originally enacted in 1914 and the second para- graph was added in 1980 by Pub. L. 96–423. Amendment of section 1 of act Mar. 12, 1914, by act Mar. 29, 1940, ch. 74, 54 Stat. 80, relating to Mount McKinley National Park, and providing for accommodations for visitors Page 302 TITLE 43—PUBLIC LANDS § 975b and residents, was set out as section 353a of Title 16, Conservation. Section was formerly classified to sec- tion 301 of Title 48, Territories and Insular Possessions. Section 975a, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 307, related to telegraph and telephone lines in Alaska. Sec- tion was comprised of original second paragraph of sec- tion 1 of act Mar. 12, 1914. Section was formerly classi- fied to section 302 of Title 48. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on date of transfer of Alaska Rail- road to State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see section 615(a) of Pub. L. 97–468. RENTAL OF ALASKA RAILROAD LANDS; REPORT TO CONGRESS Pub. L. 95–611, § 6, Nov. 8, 1978, 92 Stat. 3090, author- ized the Secretary of Transportation to conduct an in- vestigation and study to determine equitable rates to be charged for the rental of Alaska Railroad lands, re- quired submission by the Secretary of a report on the results of such study to the Congress not later than one year after Nov. 8, 1978, and provided that, prior to 180 days after the receipt by Congress of such report, rent- al charges on lands rented by the Alaska Railroad were not to be increased by more than 100 per centum of the amount charged for such land on Jan. 1, 1977. APPROPRIATIONS Act Mar. 12, 1914, ch. 37, § 2, 38 Stat. 307, which pro- vided that the cost of the work authorized by sections 975 to 975g should not exceed $35,000,000, and that in executing the authority granted by those sections the President should not expend nor obligate the United States to expend more than that sum, and also appro- priated the sum of $1,000,000 to be used for carrying out the provisions of those sections, to continue available until expended, was repealed by section 615(a)(1) of Pub. L. 97–468. § 975b. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792 Section, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 307, au- thorized the President to withdraw, locate, and dispose of lands for town-site purposes along Alaskan railroad lines. Section was comprised of original fourth para- graph of act Mar. 12, 1914. Section was formerly classi- fied to section 303 of Title 48, Territories and Insular Possessions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 704(a) is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. §§ 975c to 975g. Repealed. Pub. L. 97–468, title VI, § 615(a)(1), Jan. 14, 1983, 96 Stat. 2577 Section 975c, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 307, related to terminals, stations, and rights of way in Alaska. Section was comprised of part of the last para- graph of section 1 of act Mar. 12, 1914. Section was for- merly classified to section 304 of Title 48, Territories and Insular Possessions. Section 975d, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 307, required Alaskan patents to contain reserve for right of way. Section was comprised of part of the last para- graph of section 1 of act Mar. 12, 1914. Section was for- merly classified to section 305 of Title 48. Section 975e, act Mar. 12, 1914, ch. 37, § 3, 38 Stat. 307, related to disposition of proceeds of lease or sale of public lands in Alaska. Section was formerly classified to section 306 of Title 48. Section 975f, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 307, related to authority of President as to Alaska Railroad, telegraphs, telephones, etc. Section was comprised of the third paragraph of section 1 of act Mar. 12, 1914. Section was formerly classified to section 307 of Title 48. Section 975g, act Mar. 12, 1914, ch. 37, § 4, 38 Stat. 307, required officers, agents, etc., to make annual report as to Alaska Railroad, telegraphs, telephones, etc., to President for transmittal to Congress. Section was for- merly classified to section 308 of Title 48. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on date of transfer of Alaska Rail- road to State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see section 615(a) of Pub. L. 97–468. Executive Documents EXECUTIVE ORDER NO. 11107 Ex. Ord. No. 11107, Apr. 26, 1963, 28 F.R. 4225, which au- thorized the Secretary of the Interior to operate the Alaska Railroad and, subject to authority of the Inter- state Commerce Commission, establish rates, was su- perseded by Ex. Ord. No. 12434, July 19, 1983, 48 F.R. 33229, formerly set out below. EXECUTIVE ORDER NO. 12434 Ex. Ord. No. 12434, July 19, 1983, 48 F.R. 33229, related to the authority of the Secretary of Transportation to operate and administer the Alaska Railroad and to de- termine procedures for establishing rates for the Alas- ka Railroad, and to the authority of the Secretary of Transportation and Interstate Commerce Commission with respect to such rates. The Alaska Railroad was transferred to the State of Alaska on Jan. 5, 1985, and the State of Alaska has established the Alaska Rail- road Corporation to manage and operate the Alaska Railroad. CHAPTER 23—GRANTS OF SWAMP AND OVERFLOWED LANDS Sec. 981. Indemnity to States on sale of lands. 982. Grant to States to aid in construction of lev- ees and drains. 983. Lists and plats of lands, for governors of States. 984. Legal subdivisions mostly wet and unfit for cultivation. 985. Omitted. 986. Selection of lands confirmed. 987. Lands to be certified to State within one year. 988. Act extended to Minnesota and Oregon. 989. Homestead entries by purchasers from Mis- souri of lands declared not to be swamp lands. 990. Grant to Missouri. 991. Title of purchasers of unconfirmed lands in Arkansas confirmed. 992. Sale of erroneously designated water-covered areas in Arkansas. 993. Sale of lands in Louisiana; preference rights; application for purchase; appraisal; pay- ment for land. 994. Sale of lands in Wisconsin. § 981. Indemnity to States on sale of lands Upon proof by the authorized agent of the State, before the Secretary of the Interior or