16 U.S.C. § 505b — Laws applicable

Page 953 TITLE 16—CONSERVATION § 505b sale thereof to be credited to the appropriation or appropriations of the Forest Service cur- rently available for the procurement or produc- tion of seed or nursery stock at the time such moneys are deposited: Provided, That the Sec- retary of Agriculture may exchange with such public agencies forest-tree seed and nursery stock for forest-tree seed or nursery stock of the same or different species upon a determination that such exchange is in the interest of the United States and that the value of the property given in exchange does not exceed the value of the property received: Provided further, That no nursery stock shall be sold or exchanged under this section as ornamental or other stock for landscape planting of the types commonly grown by established commercial nurserymen. (Apr. 24, 1950, ch. 97, § 9, 64 Stat. 85.) § 505. Use of national forests established on land reserved for purposes of national defense; maintenance available Where a national forest is established under section 471(b) of this title on land previously re- served for the Army or Navy for purposes of na- tional defense the land shall remain subject to the unhampered use of the Department of the Army or Navy Department for said purposes and nothing in this section or section 471(b) of this title shall be construed to relinquish the author- ity over such lands for purposes of national de- fense now vested in the department for which the lands were formerly reserved. Any moneys available for the maintenance, improvement, protection, construction of highways and gen- eral administration of the national forests shall be available for expenditure on national forests created under this section. (June 7, 1924, ch. 348, § 9, 43 Stat. 655; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section is based on the second and third sentences of section 9 of act June 7, 1924. Section 471(b) of this title, referred to in text, was based on the first and fifth sen- tences of section 9 of the 1924 act, and was repealed by section 704(a) of Pub. L. 94–579. Section 499 of this title is based in part on the fourth sentence of section 9 of the 1924 act. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. § 505a. Interchange of lands between Department of Agriculture and military departments of Department of Defense; report to Congress The Secretary of Agriculture with respect to National Forest System lands and the Secretary of a military department with respect to lands under the control of the military department which lie within or adjacent to the exterior boundaries of a unit of the National Forest Sys- tem are authorized, subject to any applicable provisions of chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, to interchange such lands, or any part thereof, without reimbursement or transfer of funds whenever they shall determine that such inter- change will facilitate land management and will provide maximum use thereof for authorized purposes: Provided, That no such interchange of lands shall become effective until forty-five days (counting only days occurring during any regular or special session of the Congress) after the submission to the Congress by the respective Secretaries of notice of intention to make the interchange. (July 26, 1956, ch. 736, § 1, 70 Stat. 656; Pub. L. 100–409, § 7(a), (b), Aug. 20, 1988, 102 Stat. 1091.) Editorial Notes CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Fed- eral Property and Administrative Services Act of 1949, as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Pub- lic Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1988—Pub. L. 100–409 substituted ‘‘National Forest System lands’’ for ‘‘national forest lands’’ and ‘‘a unit of the National Forest System’’ for ‘‘a national forest’’. § 505b. Laws applicable Any National Forest System lands which are transferred to a military department in accord- ance with this section and section 505a of this title shall be thereafter subject only to the laws applicable to other lands within the military in- stallation or other public works project for which such lands are required and any lands which are transferred to the Department of Ag- riculture in accordance with this section and section 505a of this title shall become subject to the laws applicable to lands acquired under the Act of March 1, 1911 (36 Stat. 961), as amended. Lands interchanged under the authority of this section and section 505a of this title shall be deemed to include interests in lands. (July 26, 1956, ch. 736, § 2, 70 Stat. 657; Pub. L. 100–409, § 7(a), (c), Aug. 20, 1988, 102 Stat. 1091.) Editorial Notes REFERENCES IN TEXT Act of March 1, 1911, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 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 1988—Pub. L. 100–409 substituted ‘‘National Forest System lands’’ for ‘‘national forest lands’’ and inserted Page 954 TITLE 16—CONSERVATION §§ 506 to 508 provision that lands interchanged under authority of this section and section 505a of this title be deemed to include interests in lands. §§ 506 to 508. Repealed. Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157 Section 506, acts June 11, 1906, ch. 3074, § 1, 34 Stat. 233; May 30, 1908, ch. 233, 35 Stat. 554; Aug. 10, 1912, ch. 284, 37 Stat. 287; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized and directed the Secretary of Agriculture to classify national forest lands chiefly valuable for agriculture and which might be occupied for agricultural purposes without injury to the na- tional forest and which were not needed for public pur- poses and to list them with the Secretary of the Inte- rior for homestead entry and required such Secretary to declare the agricultural lands open to homestead entry. Section 507, act June 11, 1906, ch. 3074, § 2, 34 Stat. 234, provided for additional homestead right of entry to former settlers. Section 508, act June 11, 1906, ch. 3074, § 3, 34 Stat. 234, provided for entries in Black Hills National Forest sub- ject to mining laws and to appropriation of waters. § 508a. Omitted Editorial Notes CODIFICATION Section, act Feb. 15, 1927, ch. 152, 44 Stat. 1099, related to exchange of lands in Black Hills National or Harney National Forest. See Codification note set out under sections 486a to 486w of this title. § 508b. National forests in Minnesota; authority to prospect, develop, mine, remove, and uti- lize mineral resources Where, through withdrawal or reservation or by statutory limitation or otherwise, all or any part of the mineral resources in public-domain lands or lands received in exchange for public- domain lands or for timber on such lands situ- ated within the exterior boundaries of the na- tional forests in Minnesota, are not subject to development or utilization under the mining laws of the United States or the mineral leasing laws, and for the development and utilization of which no other statutory authority exists, the Secretary of the Interior is authorized, under general regulations to be prescribed by him and upon such terms and for specified periods or oth- erwise as he may deem to be for the best inter- ests of the United States, to permit the pros- pecting for and the development and utilization of such mineral resources: Provided, That the de- velopment and utilization of such mineral de- posits shall not be permitted by the Secretary of the Interior except with the consent of the Sec- retary of Agriculture. All receipts derived from permits or leases issued under the authority of this section for prospecting for and the develop- ment and utilization of such mineral resources shall be paid into the same funds or accounts in the Treasury and shall be distributed in the same manner as prescribed for national forest revenue by sections 499 to 501 of this title. (June 30, 1950, ch. 430, 64 Stat. 311.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior under this sec- tion, with respect to use and disposal from lands under jurisdiction of Secretary of Agriculture of those min- eral materials which Secretary of Agriculture is au- thorized to dispose of from other lands under his juris- diction under sections 601 to 604 and 611 to 615 of Title 30, Mineral Lands and Mining, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a Transfer of Functions note under sec- tion 2201 of Title 7, Agriculture. § 509. Repealed. Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157 Section, act June 11, 1906, ch. 3074, § 5, 34 Stat. 234, re- lated to future settlements on lands within reserves and rights of former bona fide settlers. §§ 510, 510a. Omitted Editorial Notes CODIFICATION Section 510, act Aug. 8, 1916, ch. 295, 39 Stat. 440, which applied the provisions of sections 506 to 508 and 509 of this title to lands within the national forests in Lawrence and Pennington Counties in South Dakota, was omitted because of the repeal of sections 506 to 508 and 509 of this title. Section 510a, act June 13, 1930, ch. 481, 46 Stat. 583, prohibiting the acceptance of applications for the clas- sification and listing of lands in the Custer National Forest for homestead entry with provision for the Sec- retary of Agriculture to list, in his discretion, limited tracts when in his opinion such action would be in the public interest and would not be injurious to other set- tlers or users of the national forest, has been omitted in view of the repeal by Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157, of the provision under which such classi- fication and listing were carried out. § 511. Reinstatement of entries canceled or relin- quished All homestead entries which have been can- celed or relinquished, or are invalid solely be- cause of the erroneous allowance of such entries after the withdrawal of lands for national-forest purposes, may be reinstated or allowed to re- main intact, but in the case of entries canceled prior to March 3, 1911, applications for reinstate- ment must have been filed in the proper local land office prior to July 1, 1912. (Mar. 3, 1911, ch. 225, § 1, 36 Stat. 1084.) § 512. Omitted Editorial Notes CODIFICATION Section, acts Mar. 4, 1913, ch. 145, § 1[part], 37 Stat. 842; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, which directed the Secretary of Agriculture to se- lect, classify, and segregate lands within the bound- aries of national forests that might be opened to settle- ment and entry under the homestead laws applicable to the national forests, has been omitted in view of the re- peal of the Forest Reserve Homestead Act ‘‘as amended and supplemented’’ by Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157, which had provided the basic framework under which reserved public domain lands suitable for farming in the national forests had been made avail- able for homesteading. § 513. Repealed. Pub. L. 94–588, § 17(a)(1), (2), Oct. 22, 1976, 90 Stat. 2961 Section, acts Mar. 1, 1911, ch. 186, §§ 4, 5, 36 Stat. 962; Sept. 21, 1950, ch. 966, 64 Stat. 872, provided for creation