-CITE- 43 USC CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS -HEAD- CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS -MISC1- SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS Sec. 1151 to 1156. Repealed. SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR 1161. "Suspended entries of public lands" and "suspended preemption land claims". 1162. Adjudications as to suspended entries; approval. 1163. Patents surrendered and new ones issued. 1164. Extent of foregoing provisions. 1165. Suspension of entries for correction of clerical errors; patents. 1166. Limitations of suits to annul patents. 1167. Entries and final proofs, made out of proper district, confirmed. SUBCHAPTER III - SALES OF ISOLATED TRACTS 1171 to 1177. Repealed. SUBCHAPTER IV - TIMBER CULTURE 1181. Repeal of laws. SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS 1181a. Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision. 1181b. Cooperative agreements with other agencies or private owners for coordinated administration. 1181c. Repealed. 1181d. Leasing of lands for grazing; disposition of moneys; rules and regulations covering grazing lands. 1181e. Rules and regulations generally; consultation and agreements with other agencies regarding fire regulations. 1181f. Oregon and California land-grant fund; annual distribution of moneys. 1181f-1. Coos Bay Wagon Road grant fund; annual payments; appraisal and assessment of land and timber; computation of payments. 1181f-2. Appraisal of land and timber; manner and frequency; computation of amounts upon basis of last appraisement; deduction of appraisement expenses. 1181f-3. Additional sum from surplus for meeting payments due from insufficient annual receipts; maximum aggregate of decennial payments; covering of excess receipts into general fund of Treasury. 1181f-4. Amount available for administration of Coos Bay Wagon Road grant lands under sections 1181a to 1181f of this title; covering of unused receipts into general fund of Treasury. 1181g. Unselected and unpatented odd-numbered sections as revested grant lands; administration as national-forest lands; revenues; prohibition against disposition or exchange. 1181h. Exchange of jurisdiction between Secretaries; conditions; publication in Federal Register. 1181i. Designation of national-forest areas within counties; disposition of revenues; approval by court. 1181j. Appropriations to carry out sections 1181h and 1181i. SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS 1185 to 1188. Transferred. SUBCHAPTER VII - EVIDENCES OF TITLE 1191 to 1193. Repealed. SUBCHAPTER VIII - INDIAN LANDS 1195. Negotiations for cession of lands. 1196. Classification and appraisement of unallotted and unreserved lands. 1197. Agreements with Indians not affected. 1198. Condemnation of Sioux lands for dam purposes; negotiation of contracts. 1199. Provisions to be included in contracts for condemnation of Sioux lands for dam purposes. 1200. Judicial determination where compensation for condemnation of Sioux lands for dam purposes rejected. 1200a. Preparation of appraisal schedule in determining just compensation for condemnation of Sioux lands for dam purposes; contents; transmittal to tribal representatives. 1200b. Inclusion of other provisions in contracts for condemnation of Sioux lands for dam purposes. 1200c. Submission of contracts and reports covering disagreements on condemnation of Sioux lands for dam purposes; ratification; effect. 1200d. Effect of condemnation of Sioux lands for dam purposes on construction of Fort Randall Dam. 1200e. Authorization of appropriations for relocating certain Sioux tribe members after condemnation of lands for dam purposes; conditions; title to lands acquired. SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS 1201. Power of Secretary or designated officer. SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS 1211. Elimination of oaths for written statements; discretion of Secretary of the Interior. 1212. Unsworn written statements subject to penalties of presenting false claims. SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES 1221. Issuance of patents; application. 1222. Notice of opening of lands to purchase. 1223. Valid existing rights unaffected. SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR 1231 to 1234. Repealed. SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS 1241. Control of noxious plants on Government lands; State programs; terms of entry. 1242. Reimbursement of States for expenses. 1243. Authorization of appropriations. -End- -CITE- 43 USC SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS -HEAD- SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS -End- -CITE- 43 USC Secs. 1151 to 1156 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS -HEAD- Secs. 1151 to 1156. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976, 90 Stat. 2792 -MISC1- Section 1151, R.S. Sec. 2447; act Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to issuance of patents for confirmed claims. Section 1152, R.S. Sec. 2448, related to effect of patents to persons dead before issue. Section 1153, act June 6, 1874, ch. 223, Sec. 1, 18 Stat. 62, related to confirming titles to lands in Missouri in existence prior to June 6, 1874. Section 1154, act June 6, 1874, ch. 223, Sec. 2, 18 Stat. 62, related to unimpairing, etc., rights in existence prior to June 6, 1874. Section 1155, act Jan. 28, 1879, ch. 30, Secs. 1-4, 20 Stat. 274, 275; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized issuance of certificates of location of private land claims for certain States. Section 1156, act May 30, 1894, ch. 87, 28 Stat. 84; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized issuance of patents for locations under certificates made prior to Jan. 28, 1879, under former section 1155 of this title. EFFECTIVE DATE OF REPEAL Section 705(a) of Pub. L. 94-579 provided that the repeal made by that section is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating 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. -End- -CITE- 43 USC SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -HEAD- SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -End- -CITE- 43 USC Sec. 1161 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -HEAD- Sec. 1161. "Suspended entries of public lands" and "suspended preemption land claims" -STATUTE- The Secretary of the Interior, or such officer as he may designate, is authorized to decide upon principles of equity and justice, as recognized in courts of equity, and in accordance with regulations to be approved by the Secretary of the Interior, consistently with such principles, all cases of suspended entries of public lands and of suspended preemption land claims, and to adjudge in what cases patents shall issue upon the same. -SOURCE- (R.S. Sec. 2450; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; Sept. 20, 1922, ch. 350, 42 Stat. 857; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 2450 derived from acts Aug. 3, 1846, ch. 78, Sec. 1, 9 Stat. 51; Mar. 3, 1853, ch. 152, Sec. 1, 10 Stat. 258; June 26, 1856, ch. 47, 11 Stat. 22; June 1, 1874, ch. 200, 18 Stat. 50; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. "Secretary of the Interior, or such officer as he may designate," substituted for "Commissioner of the General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. -End- -CITE- 43 USC Sec. 1162 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -HEAD- Sec. 1162. Adjudications as to suspended entries; approval -STATUTE- Every such adjudication shall be approved by the Secretary of the Interior and shall operate only to divest the United States of the title to the land embraced thereby, without prejudice to the rights of conflicting claimants. -SOURCE- (R.S. Sec. 2451; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; Sept. 20, 1922, ch. 350, 42 Stat. 858.) -COD- CODIFICATION R.S. Sec. 2451 derived from acts Aug. 3, 1846, ch. 78, Sec. 1, 9 Stat. 51; Feb. 27, 1877. ch. 69, Sec. 1, 19 Stat. 244. -End- -CITE- 43 USC Sec. 1163 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -HEAD- Sec. 1163. Patents surrendered and new ones issued -STATUTE- Where patents have been already issued on entries which are approved by the Secretary of the Interior, the Secretary of the Interior, or such officer as he may designate, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such approval, to the person who made the entry, his heirs or assigns. -SOURCE- (R.S. Sec. 2456; Sept. 20, 1922, ch. 350, 42 Stat. 858; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 2456 derived from act Mar. 3, 1853, ch. 152, Sec. 2, 10 Stat. 258. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. "Secretary of the Interior, or such officer as he may designate," substituted for "Commissioner of the General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. -End- -CITE- 43 USC Sec. 1164 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -HEAD- Sec. 1164. Extent of foregoing provisions -STATUTE- Sections 1161 to 1163 of this title shall be applicable to all cases of suspended entries and locations, which have arisen in the Bureau of Land Management since the 26th day of June 1856 as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and preemption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or preemptor are prejudiced, or where there is no adverse claim. -SOURCE- (R.S. Sec. 2457; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 2457 derived from act June 26, 1856, ch. 47, 11 Stat. 22. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. "Bureau of Land Management" substituted for "General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. -End- -CITE- 43 USC Sec. 1165 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -HEAD- Sec. 1165. Suspension of entries for correction of clerical errors; patents -STATUTE- Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that a clerical error has been committed in the entry of any of the public lands such entry may be suspended, upon proper notification to the claimant, through the local land office, until the error has been corrected; and all entries made under the preemption, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued, and to which there are no adverse claims originating prior to final entry and which have been sold or incumbered prior to the 1st day of March, 1888, and after final entry, to bona fide purchasers, or incumbrancers, for a valuable consideration, shall unless upon an investigation by a Government agent, fraud on the part of the purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the Land Department of such sale or incumbrance: Provided, That after the lapse of two years from the date of the issuance of the receipt of such officer as the Secretary of the Interior may designate upon the final entry of any tract of land under the homestead, timber-culture, desert-land, or preemption laws, or under this act, and when there shall be no pending contest or protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be construed to require the delay of two years from the date of said entry before the issuing of a patent therefor. -SOURCE- (Mar. 3, 1891, ch. 561, Sec. 7, 26 Stat. 1098; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -REFTEXT- REFERENCES IN TEXT This act, referred to in text, means act Mar. 3, 1891, ch. 561, 26 Stat. 1095, as amended, which enacted sections 161, 162, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6, 718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of this title, sections 471, 607, 611, 611a, and 613 of Title 16, Conservation, section 495 of Title 25, Indians, and sections 30, 36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was formerly classified to section 165 of this title. -MISC1- REPEALS Repeal of "Act to encourage the growth of timber on the western prairies" not to affect valid rights accrued or accruing under said law and claims to be perfected in same manner as if act had not been repealed, see section 1181 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. "Secretary of the Interior, or such officer as he may designate" and "receipt of such officer as the Secretary of the Interior may designate" substituted for "Commissioner of the General Land Office" and "register's receipt", respectively, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys. -End- -CITE- 43 USC Sec. 1166 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -HEAD- Sec. 1166. Limitations of suits to annul patents -STATUTE- Suits by the United States to vacate and annul any patent shall only be brought within six years after the date of the issuance of such patents. -SOURCE- (Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, Sec. 8, 26 Stat. 1099.) -End- -CITE- 43 USC Sec. 1167 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR -HEAD- Sec. 1167. Entries and final proofs, made out of proper district, confirmed -STATUTE- Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that an error was made prior to March 9, 1904, by the officers of any local land office in receiving any application, declaratory statement, entry, or final proof under the homestead or other land laws, and that there was no fraud practiced by the entryman, and that there are no prior adverse claimants to the land described in the entry, and that no other reason why the title should not vest in the entryman exists, except that said application, declaratory statement, entry, or proof was not made within the land district in which the lands applied for were situated, as provided by the Act of March 11, 1902 [43 U.S.C. 254], such entry or proof shall be confirmed. -SOURCE- (Mar. 9, 1904, ch. 503, Sec. 1, 33 Stat. 64; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -REFTEXT- REFERENCES IN TEXT Act of March 11, 1902, referred to in text, probably means act Mar. 11, 1902, ch. 182, 32 Stat. 63, which was classified to section 254 of this title and was repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787. For complete classification of this Act to the Code, see Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. "Secretary of the Interior, or such officer as he may designate," substituted for "Commissioner of the General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. -MISC1- EFFECTIVE DATE Section 2 of act Mar. 9, 1904, provided: "That this Act [enacting this section] shall be in force from and after its passage and approval." -End- -CITE- 43 USC SUBCHAPTER III - SALES OF ISOLATED TRACTS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER III - SALES OF ISOLATED TRACTS -HEAD- SUBCHAPTER III - SALES OF ISOLATED TRACTS -End- -CITE- 43 USC Secs. 1171 to 1173 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER III - SALES OF ISOLATED TRACTS -HEAD- Secs. 1171 to 1173. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789 -MISC1- Section 1171, R.S. Sec. 2455; acts Feb. 26, 1895, ch. 133, 28 Stat. 687; June 27, 1906, ch. 3554, 34 Stat. 517; Mar. 28, 1912, ch. 67, 37 Stat. 77; Mar. 9, 1928, ch. 164, 45 Stat. 253; June 28, 1934, ch. 865, Sec. 14, 48 Stat. 1274; July 30, 1947, ch. 383, 61 Stat. 630, set forth provisions relating to sale of isolated or disconnected tracts by Secretary of the Interior. Section 1171a, act Apr. 24, 1928, ch. 428, 45 Stat. 457, provided for applicability of section 1171 of this title to certain lands in Oklahoma. Section 1171b, act May 23, 1930, ch. 313, 46 Stat. 377, provided for applicability of section 1171 of this title to certain lands in Alabama. Section 1172, act Feb. 4, 1919, ch. 13, 40 Stat. 1055, provided for applicability of section 1171 of this title to ceded Chippewa Indian lands in Minnesota. Section 1173, act May 10, 1920, ch. 178, 41 Stat. 595, provided for applicability of section 1171 of this title to sale of tracts in Fort Berthold Indian Reservation, North Dakota. EFFECTIVE DATE OF REPEAL Section 703(a) of Pub. L. 94-579 provided that the repeal made by that section is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating 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. -End- -CITE- 43 USC Sec. 1174 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER III - SALES OF ISOLATED TRACTS -HEAD- Sec. 1174. Repealed. Aug. 28, 1937, ch. 876, title II, Sec. 201(c), 50 Stat. 876 -MISC1- Section, act May 25, 1920, ch. 200, 41 Stat. 622, related to sale of class 3 of revested Oregon and California Railroad grant lands. See sections 1181a to 1181f of this title and Repeals note set out under section 1181a of this title. -End- -CITE- 43 USC Secs. 1175 to 1177 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER III - SALES OF ISOLATED TRACTS -HEAD- Secs. 1175 to 1177. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789 -MISC1- Section 1175, act Aug. 11, 1921, ch. 62, 42 Stat. 159, provided for applicability of section 1171 of this title to sale of tracts in Fort Buford Military Reservation, North Dakota and Montana. Section 1176, act May 19, 1926, ch. 337, 44 Stat. 566, provided for applicability of section 1171 of this title to sale of lands in Fort Hall Indian Reservation. Section 1177, act Feb. 14, 1931, ch. 170, 46 Stat. 1105, provided for applicability of section 1171 of this title to sale of certain lands in Crow Indian Reservation, Montana. EFFECTIVE DATE OF REPEAL Section 703(a) of Pub. L. 94-579 provided that the repeal made by that section is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating 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. -End- -CITE- 43 USC SUBCHAPTER IV - TIMBER CULTURE 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER IV - TIMBER CULTURE -HEAD- SUBCHAPTER IV - TIMBER CULTURE -End- -CITE- 43 USC Sec. 1181 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER IV - TIMBER CULTURE -HEAD- Sec. 1181. Repeal of laws -STATUTE- An Act entitled "An Act to amend an Act entitled 'An Act to encourage the growth of timber on the western prairies,' " approved June 14, 1878, and all laws supplementary thereto or amendatory thereof are repealed: Provided, That this repeal shall not affect any valid rights accrued or accruing under said laws but all bona fide claims lawfully initiated prior to March 3, 1891, may be perfected upon due compliance with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this section had not been passed: Provided further, That the following words of the last clause of section 2 of said Act, namely, "That not less than twenty-seven hundred trees were planted on each acre," are repealed: Provided further, That in computing the period of cultivation the time shall run from the date of the entry, if the necessary acts of cultivation were performed within the proper time: Provided further, That the preparation of the land and the planting of trees shall be construed as acts of cultivation, and the time authorized to be so employed and actually employed shall be computed as a part of the eight years of cultivation required by statute: Provided further, That if trees, seeds, or cuttings were in good faith planted as provided by law and the same and the land upon which so planted were thereafter in good faith cultivated as provided by law for at least eight years by a person qualified to make entry and who has a subsisting entry under the timber-culture laws, final proof may be made without regard to the number of trees that may have been then growing on the land: And provided, That any person who has made entry of any public lands of the United States under the timber-culture laws, and who has for a period of four years in good faith complied with the provisions of said laws and who is an actual bona fide resident of the State or Territory in which said land is located shall be entitled to make final proof thereto, and acquire title to the same, by the payment of $1.25 per acre for such tract, under such rules and regulations as shall be prescribed by the Secretary of the Interior, and such officers as the Secretary may designate shall be allowed the same fees and compensation for final proofs in timber-culture entries as is now allowed by law in homestead entries: And provided further, That no land acquired under the provisions of this section shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the final certificate therefor. -SOURCE- (Mar. 3, 1891, ch. 561, Sec. 1, 26 Stat. 1095; Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -REFTEXT- REFERENCES IN TEXT An Act entitled "An Act to amend an Act entitled 'An Act to encourage the growth of timber on the western prairies,' " approved June 14, 1878, referred to in text, is act June 14, 1878, ch. 190, 20 Stat. 113, which is not classified to the Code. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. "Such officers as the Secretary may designate" substituted for "registers" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. -End- -CITE- 43 USC SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -End- -CITE- 43 USC Sec. 1181a 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181a. Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision -STATUTE- Notwithstanding any provisions in the Acts of June 9, 1916 (39 Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and power-site lands valuable for timber, shall be managed, except as provided in section 1181c (!1) of this title, for permanent forest production, and the timber thereon shall be sold, cut, and removed in conformity with the principal (!2) of sustained yield for the purpose of providing a permanent source of timber supply, protecting watersheds, regulating stream flow, and contributing to the economic stability of local communities and industries, and providing recreational facilties: (!3) Provided, That nothing in this section shall be construed to interfere with the use and development of power sites as may be authorized by law. The annual productive capacity for such lands shall be determined and declared as promptly as possible after August 28, 1937, but until such determination and declaration are made the average annual cut therefrom shall not exceed one-half billion feet board measure: Provided, That timber from said lands in an amount not less than one-half billion feet board measure, or not less than the annual sustained yield capacity when the same has been determined and declared, shall be sold annually, or so much thereof as can be sold at reasonable prices on a normal market. If the Secretary of the Interior determines that such action will facilitate sustained-yield management, he may subdivide such revested lands into sustained-yield forest units, the boundary lines of which shall be so established that a forest unit will provide, insofar as practicable, a permanent source of raw materials for the support of dependent communities and local industries of the region; but until such subdivision is made the land shall be treated as a single unit in applying the principle of sustained yield: Provided, That before the boundary lines of such forest units are established, the Department, after published notice thereof, shall hold a hearing thereon in the vicinity of such lands open to the attendance of State and local officers, representatives of dependent industries, residents, and other persons interested in the use of such lands. Due consideration shall be given to established lumbering operations in subdividing such lands when necessary to protect the economic stability of dependent communities. Timber sales from a forest unit shall be limited to the productive capacity of such unit and the Secretary is authorized, in his discretion, to reject any bids which may interfere with the sustained-yield management plan of any unit. -SOURCE- (Aug. 28, 1937, ch. 876, title I, Sec. 1, 50 Stat. 874.) -REFTEXT- REFERENCES IN TEXT Section 1181c of this title, referred to in first par., was repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787. Acts of June 9, 1916, and February 26, 1919, referred to in text, 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. -MISC1- REPEALS Act Aug. 28, 1937, title II, Sec. 201(c), second par., provided: "All Acts or parts of Act in conflict with this Act [sections 1181a to 1181f of this title] are hereby repealed to the extent necessary to give full force and effect to this Act." SAVINGS PROVISION Provisions of Federal Land Policy and Management Act of 1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, in the event of conflict or inconsistency with the act of August 28, 1937, sections 1181a to 1181j of this title, insofar as relating to management of timber resources, etc., not to supersede, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of this title. LEASE OF SMALL TRACTS FOR RESIDENTIAL, RECREATIONAL, OR COMMUNITY SITE PURPOSES Lease of small tracts of the lands described in this section for residential, recreational, or community site purposes, and conditions with respect thereto, see section 682e of this title. -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be "principle". (!3) So in original. Probably should be "facilities:". -End- -CITE- 43 USC Sec. 1181b 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181b. Cooperative agreements with other agencies or private owners for coordinated administration -STATUTE- The Secretary of the Interior is authorized, in his discretion, to make cooperative agreements with other Federal or State forest administrative agencies or with private forest owners or operators for the coordinated administration, with respect to time, rate, method of cutting, and sustained yield, of forest units comprising parts of revested or reconveyed lands, together with lands in private ownership or under the administration of other public agencies, when by such agreements he may be aided in accomplishing the purposes mentioned in sections 1181a and 1181b of this title. -SOURCE- (Aug. 28, 1937, ch. 876, title I, Sec. 2, 50 Stat. 874.) -End- -CITE- 43 USC Sec. 1181c 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181c. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787 -MISC1- Section, act Aug. 28, 1937, ch. 876, title I, Sec. 3, 50 Stat. 875, related to classification and reclassification of lands as more suitable for agricultural use. EFFECTIVE DATE OF REPEAL Section 702 of Pub. L. 94-579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating 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. -End- -CITE- 43 USC Sec. 1181d 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181d. Leasing of lands for grazing; disposition of moneys; rules and regulations covering grazing lands -STATUTE- The Secretary of the Interior is authorized, in his discretion, to lease for grazing any of said revested or reconveyed lands which may be so used without interfering with the production of timber or other purposes of sections 1181a to 1181f of this title as stated in section 1181a of this title: Provided, That all the moneys received on account of grazing leases shall be covered either into the "Oregon and California land-grant fund" or the "Coos Bay Wagon Road grant fund" in the Treasury as the location of the leased lands shall determine, and be subject to distribution as other moneys in such funds: Provided further, That the Secretary is also authorized to formulate rules and regulations for the use, protection, improvement, and rehabilitation of such grazing lands. -SOURCE- (Aug. 28, 1937, ch. 876, title I, Sec. 4, 50 Stat. 875.) -End- -CITE- 43 USC Sec. 1181e 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181e. Rules and regulations generally; consultation and agreements with other agencies regarding fire regulations -STATUTE- The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of sections 1181a to 1181f of this title into full force and effect. The Secretary of the Interior is further authorized, in formulating forest-practice rules and regulations, 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 cooperative 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 practices of the State of Oregon insofar as the same are consistent with the interests of the United States. -SOURCE- (Aug. 28, 1937, ch. 876, title I, Sec. 5, 50 Stat. 875.) -End- -CITE- 43 USC Sec. 1181f 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181f. Oregon and California land-grant fund; annual distribution of moneys -STATUTE- On and after March 1, 1938, all moneys deposited in the Treasury of the United States in the special fund designated the "Oregon and California land-grant fund" shall be distributed annually 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 Oregon 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 accrue 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 severally by the Secretary of the Treasury of the United States, upon certification by the Secretary of the Interior, until such tax indebtedness 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 annually 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 subsection (a) of this section is less than 78 per centum 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 expenditures 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) of this section. (c) Twenty-five per centum to be available for the administration of sections 1181a to 1181f of this title, 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 covered into the Treasury in such manner shall be used to satisfy the reimbursable charges against the Oregon and California land-grant fund mentioned in subsection (b) of this section so long as any such charges shall exist. -SOURCE- (Aug. 28, 1937, ch. 876, title II, Sec. 201, 50 Stat. 875; June 24, 1954, ch. 357, Sec. 1(b), 68 Stat. 271; Pub. L. 94-273, Sec. 2(28), Apr. 21, 1976, 90 Stat. 376.) -REFTEXT- 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 Statutes, 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. -COD- CODIFICATION Section comprises all of section 201 of act Aug. 28, 1937, title II, except a second paragraph of subsec. (c) of that section which is set out as a Repeals note under section 1181a of this title. -MISC1- AMENDMENTS 1976 - Subsec. (b). Pub. L. 94-273 substituted "September" for "June". 1954 - Subsec. (a). Act June 24, 1954, inserted proviso relating to determination of assessment. SHARING OF BUREAU OF LAND MANAGEMENT TIMBER SALE RECEIPTS Pub. L. 103-66, title XIII, Sec. 13983, Aug. 10, 1993, 107 Stat. 682, as amended by Pub. L. 103-443, Sec. 1(b), Nov. 2, 1994, 108 Stat. 4631, authorized the Secretary of the Treasury to make defined special payments in certain fiscal years to counties in Oregon and California in lieu of certain other payments under this section and section 1181f-1 et seq. of this title, prior to repeal by Pub. L. 106-393, title IV, Sec. 404, Oct. 30, 2000, 114 Stat. 1623. -End- -CITE- 43 USC Sec. 1181f-1 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181f-1. Coos Bay Wagon Road grant fund; annual payments; appraisal and assessment of land and timber; computation of payments -STATUTE- Beginning with the fiscal year next following May 24, 1939, not to exceed 75 per centum of the receipts derived in any one year from the Coos Bay Wagon Road grant lands in Oregon and deposited in the special fund in the Treasury created by the Act of February 26, 1919 (40 Stat. 1179), and designated "The Coos Bay Wagon Road grant fund" shall be paid annually, in lieu of taxes, by the Secretary of the Treasury, upon certification by the Secretary of the Interior, to the treasurers of Coos and Douglas Counties according to the ratio that the total assessed valuation of the reconveyed Coos Bay Wagon Road grant lands, belonging to the United States, in each of said counties bears to the total assessed valuation of all said lands in those counties, to be used for the purposes mentioned in said Act: Provided, That until such time as the general fund of the Treasury of the United States shall have been fully reimbursed by Douglas County for expenditures which were made charges against the Coos Bay Wagon Road grant fund by section 5 of the Act of February 26, 1919, said Douglas County shall be entitled to receive only 50 per centum of the amount to which it would otherwise be entitled under sections 1181f-1 to 1181f-4 of this title: Provided further, That prior to making any payment under this authorization an appraisal of the land and timber thereon shall be made, within six months after May 24, 1939, by a committee to consist of a representative of the Secretary of the Interior, one representative for the two counties interested, and a third person satisfactory to the Secretary of the Interior and the county officials, but who shall not be an employee of the United States nor a resident of, nor a property owner in, either Coos or Douglas County. Upon appraisal thereof, the land and timber thereon shall be assessed as are other similar properties within the respective counties, and payments hereunder in lieu of taxes shall be computed by applying the same rates of taxation as are applied to privately owned property of similar character in such counties. -SOURCE- (May 24, 1939, ch. 144, Sec. 1, 53 Stat. 753.) -REFTEXT- REFERENCES IN TEXT Act of February 26, 1919, referred to in text, is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the Code. -MISC1- REPEALS Section 5 of act May 24, 1939, provided that: "All Acts or parts of Acts inconsistent with this Act [sections 1181f-1 to 1181f-4 of this title] are hereby repealed." -End- -CITE- 43 USC Sec. 1181f-2 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181f-2. Appraisal of land and timber; manner and frequency; computation of amounts upon basis of last appraisement; deduction of appraisement expenses -STATUTE- Appraisals of the land and timber thereon shall be made, in the manner prescribed in section 1181f-1 of this title, not less frequently than once in each ten-year period, and the amounts due hereunder in any year shall be computed as specified in section 1181f-1 of this title upon the basis of the last appraisement. The expenses of making the appraisements provided for in sections 1181f- 1 to 1181f-4 of this title shall be paid by the Secretary of the Treasury upon certification by the Secretary of the Interior, from that portion of the receipts derived from such lands and timber payable to the counties and shall be deducted from any amount due said counties. -SOURCE- (May 24, 1939, ch. 144, Sec. 2, 53 Stat. 754.) -End- -CITE- 43 USC Sec. 1181f-3 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181f-3. Additional sum from surplus for meeting payments due from insufficient annual receipts; maximum aggregate of decennial payments; covering of excess receipts into general fund of Treasury -STATUTE- If, during any one year, 75 per centum of the receipts are insufficient fully to meet the payments due the counties hereunder, the Secretary of the Treasury, upon certification by the Secretary of the Interior, may pay an additional sum from any surplus of 75 per centum of prior year receipts: Provided, however, That in no event shall the aggregate of payments during any ten-year period commencing with the period beginning July 1, 1940, exceed 75 per centum of the receipts deposited in the Treasury to the credit of the Coos Bay Wagon Road grant fund for such period: Provided further, That at the end of each ten-year period, any balance of the 75 per centum not required for payments to the counties shall be covered into the general fund of the Treasury of the United States. -SOURCE- (May 24, 1939, ch. 144, Sec. 3, 53 Stat. 754.) -End- -CITE- 43 USC Sec. 1181f-4 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181f-4. Amount available for administration of Coos Bay Wagon Road grant lands under sections 1181a to 1181f of this title; covering of unused receipts into general fund of Treasury -STATUTE- Not to exceed 25 per centum of the annual receipts shall be available, in such amounts as the Congress shall from time to time appropriate for the administration of sections 1181a to 1181f of this title, insofar as such sections apply to the Coos Bay Wagon Road grant lands. Any balance not used for administrative purposes shall be covered into the general fund of the Treasury of the United States. -SOURCE- (May 24, 1939, ch. 144, Sec. 4, 53 Stat. 754.) -End- -CITE- 43 USC Sec. 1181g 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181g. Unselected and unpatented odd-numbered sections as revested grant lands; administration as national-forest lands; revenues; prohibition against disposition or exchange -STATUTE- Those unselected and unpatented odd-numbered sections within the indemnity limits of the Oregon and California Railroad land grant authorized by the Act of July 25, 1866 (14 Stat. 239), as amended by the Act of April 10, 1869 (16 Stat. 47), and for which payment was made by the United States to such railroad or its successors in interest under the Act of June 9, 1916 (39 Stat. 218), pursuant to the decree in the case of United States against Oregon and California R. R. Co. (8 F. (2d) 645), which were included within the boundaries of national forests by proclamations of the President of the United States issued under the dates of June 17, 1892, September 28, 1893, October 5, 1906, January 25, 1907, March 1, 1907, and March 2, 1907, are declared to be revested Oregon and California Railroad grant lands; and said lands shall continue to be administered as national-forest lands by the Secretary of Agriculture subject to all laws, rules, and regulations applicable to the national forests: Provided, That all revenues hereafter derived from said lands and those revenues heretofore derived from such lands and placed in special deposit by agreement between the Secretary of Agriculture and the Secretary of the Interior shall be disposed of in accordance with the provisions of section 1181f of this title and said lands shall not hereafter be subject to the provisions of any other laws or parts of laws which otherwise prescribe the disposal or distribution of receipts from lands of the United States, except that none of the provisions of this Act shall affect revenues distributed prior to June 24, 1954. No part of said lands or the resources thereof shall be subject to exchange under the provisions of this or any other law applicable to national-forest lands or otherwise. -SOURCE- (June 24, 1954, ch. 357, Sec. 1(a), 68 Stat. 270.) -REFTEXT- REFERENCES IN TEXT Acts July 25, 1866, April 10, 1869, and June 9, 1916, referred to in text, are acts July 25, 1866, ch. 242, 14 Stat. 239, Apr. 10, 1869, ch. 27, 16 Stat. 47, and June 9, 1916, ch. 137, 39 Stat. 218, respectively, which are not classified to the Code. This Act, referred to in text, is act June 24, 1954, ch. 357, 68 Stat. 270, which enacted sections 1181g to 1181j of this title and amended section 1181f of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section constitutes subsec. (a) of section 1 of act June 24, 1954. Subsec. (b) of section 1 amended section 1181f(a) of this title. -End- -CITE- 43 USC Sec. 1181h 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181h. Exchange of jurisdiction between Secretaries; conditions; publication in Federal Register -STATUTE- The Secretary of the Interior and the Secretary of Agriculture are authorized and directed, within two years after June 24, 1954, to exchange administrative jurisdiction of revested Oregon and California Railroad grant lands lying within the boundaries of any national forest or within two miles of such boundaries, and national-forest lands of approximately equal aggregate value, when by such exchange the administration of the lands will be facilitated. Such exchanges shall be made subject to outstanding contracts, permits or other existing rights: Provided, That the said national-forest lands, administrative jurisdiction of which is transferred to the Secretary of the Interior, shall be excluded from the national forest and shall become subject to administration under the same provisions of law as the revested lands in exchange for which they were transferred, and the revested lands, administrative jurisdiction of which is transferred to the Secretary of Agriculture, shall become a part of the national forests subject to administration under the laws applicable to national forests: Provided further, That subject to the requirement of approximate equal aggregate value for the overall exchange, the revested lands and the national-forest lands, administrative jurisdiction of which is exchanged in any county, shall be approximately equal in area unless otherwise agreed to by the counties concerned. The exchanges provided for in this section shall in each case be evidenced by an order signed by the Secretary of the Interior and the Secretary of Agriculture and such orders shall be transmitted to the Division of the Federal Register for filing and publication. -SOURCE- (June 24, 1954, ch. 357, Sec. 2, 68 Stat. 271.) -End- -CITE- 43 USC Sec. 1181i 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181i. Designation of national-forest areas within counties; disposition of revenues; approval by court -STATUTE- For the purpose of consolidating and thereby facilitating administration and accounting the Secretary of Agriculture is authorized to designate in the several counties in which the lands described in section 1181g of this title are situated (such designation to be published in the Federal Register), an area of national-forest land of a value substantially equal to the value of the lands in such county from which all revenues shall be disposed of in accordance with the provisions of section 1181f of this title, and upon such designation the provisions of sections 1181a to 1181f of this title shall be applicable to the lands so designated in lieu of the lands described in section 1181g of this title: Provided, however, That such designation shall not become effective until approved by the county court of the county in which the lands are located. -SOURCE- (June 24, 1954, ch. 357, Sec. 3, 68 Stat. 271.) -End- -CITE- 43 USC Sec. 1181j 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS -HEAD- Sec. 1181j. Appropriations to carry out sections 1181h and 1181i -STATUTE- For the purpose of carrying out the provisions of sections 1181h and 1181i of this title there are authorized to be appropriated such sums as the Congress may from time to time determine to be necessary. -SOURCE- (June 24, 1954, ch. 357, Sec. 4, 68 Stat. 272.) -End- -CITE- 43 USC SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS -HEAD- SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS -End- -CITE- 43 USC Secs. 1185 to 1188 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS -HEAD- Secs. 1185 to 1188. Transferred -COD- CODIFICATION Section 1185, acts July 31, 1947, ch. 406, Sec. 1, 61 Stat. 681; July 23, 1955, ch. 375, Sec. 1, 69 Stat. 367, which related to rules and regulations governing disposal of materials on public lands, was transferred to section 601 of Title 30, Mineral Lands and Mining. Section 1186, act July 31, 1947, ch. 406, Sec. 2, 61 Stat. 681, which related to bidding, advertisement, conditions for negotiation of contracts and reports to Congress, was transferred to section 602 of Title 30. Section 1187, acts July 31, 1947, ch. 406, Sec. 3, 61 Stat. 681; Aug. 31, 1950, ch. 830, 64 Stat. 571; July 23, 1955, ch. 375, Sec. 2, 69 Stat. 368, which related to disposition on moneys from disposal of materials, was transferred to section 603 of Title 30. Section 1188, act July 31, 1947, ch. 406, Sec. 4, as added Aug. 31, 1950, ch. 830, 64 Stat. 572, which related to disposal of sand, gravel, etc., in Alaska and to contracts upon the entry of Alaska into the Union, was transferred to section 604 of Title 30. -End- -CITE- 43 USC SUBCHAPTER VII - EVIDENCES OF TITLE 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VII - EVIDENCES OF TITLE -HEAD- SUBCHAPTER VII - EVIDENCES OF TITLE -End- -CITE- 43 USC Secs. 1191 to 1193 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VII - EVIDENCES OF TITLE -HEAD- Secs. 1191 to 1193. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976, 90 Stat. 2792 -MISC1- Section 1191, R.S. Sec. 2471, related to falsely making or altering instruments concerning lands, mines, or minerals in California. Section 1192, R.S. Sec. 2472, related to falsely dating evidence of title under Mexican authority to lands in California. Section 1193, R.S. Sec. 2473, related to presenting false or counterfeited evidences of title to lands in California. EFFECTIVE DATE OF REPEAL Section 705(a) of Pub. L. 94-579 provided that the repeal made by that section is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating 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. -End- -CITE- 43 USC SUBCHAPTER VIII - INDIAN LANDS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- SUBCHAPTER VIII - INDIAN LANDS -End- -CITE- 43 USC Sec. 1195 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1195. Negotiations for cession of lands -STATUTE- The Secretary of the Interior is authorized, in his discretion, to negotiate, through any United States Indian inspector, agreements with any Indians for the cession to the United States of portions of their respective reservations or surplus unallotted lands, any agreements thus negotiated to be subject to subsequent ratification by Congress. -SOURCE- (Mar. 3, 1901, ch. 832, Sec. 1, 31 Stat. 1077.) -COD- CODIFICATION Section was not enacted as part of act July 6, 1954, ch. 463, 68 Stat. 452, which comprises this subchapter. -End- -CITE- 43 USC Sec. 1196 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1196. Classification and appraisement of unallotted and unreserved lands -STATUTE- The Secretary of the Interior is authorized to cause to be classified or reclassified and appraised or reappraised, in such manner as he may deem advisable, the unallotted or otherwise unreserved lands within any Indian reservation opened to settlement and entry but not classified and appraised in the manner provided for in the Act or Acts opening such reservations to settlement and entry, or where the existing classification or appraisement is, in the opinion of the Secretary of the Interior, erroneous. -SOURCE- (June 6, 1912, ch. 155, 37 Stat. 125.) -COD- CODIFICATION Section was not enacted as part of act July 6, 1954, ch. 463, 68 Stat. 452, which comprises this subchapter. -End- -CITE- 43 USC Sec. 1197 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1197. Agreements with Indians not affected -STATUTE- Nothing in this act shall change, repeal, or modify any agreements or treaties made with any Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements; except as provided in sections 161 and 162 (!1) of this title. -SOURCE- (Mar. 3, 1891, ch. 561, Sec. 10, 26 Stat. 1099.) -REFTEXT- REFERENCES IN TEXT This act, referred to in text, means act Mar. 3, 1891, ch. 561, 26 Stat. 1095, as amended, which enacted sections 161, 162, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6, 718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of this title, sections 471, 607, 611, 611a, and 613 of Title 16, Conservation, section 495 of Title 25, Indians, and sections 30, 36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Tables. Sections 161 and 162 of this title, referred to in text, were repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787. -COD- CODIFICATION Section was not enacted as part of act July 6, 1954, ch. 463, 68 Stat. 452, which comprises this subchapter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 43 USC Sec. 1198 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1198. Condemnation of Sioux lands for dam purposes; negotiation of contracts -STATUTE- The Chief of Engineers, Department of the Army, and the Secretary of the Interior, jointly representing the United States of America are authorized and directed to negotiate separate contracts containing the provisions outlined in this subchapter with the Sioux Indians of the Lower Brule Reservation, South Dakota, and with the Sioux Indians of the Crow Creek Reservation, South Dakota, acting through representatives of each tribe appointed for such purpose by its tribal council. -SOURCE- (July 6, 1954, ch. 463, Sec. 1, 68 Stat. 452.) -End- -CITE- 43 USC Sec. 1199 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1199. Provisions to be included in contracts for condemnation of Sioux lands for dam purposes -STATUTE- The contract with each tribe negotiated pursuant to section 1198 of this title shall - (a) convey to the United States title to all tribal, allotted, assigned, and inherited lands or interests therein belonging to the Indians of the tribe, and title to all undivided interests in such allotted or inherited lands owned by non-Indians or by Indian nonmembers of the tribe, required by the United States for the reservoir to be created by the construction of the dams across the Missouri River in South Dakota, to be known as Fort Randall Dam, including such lands along the margins as may be required by the Chief of Engineers, Department of the Army, for the protection, development, and use of said reservoir: Provided, That the contract may provide for retention by the owners of any oil and gas rights in such lands that are not needed by the United States for the protection of such dam and reservoir; (b) provide for the payment of - (1) just compensation for the lands and improvements and interests therein conveyed by the contract; (2) costs of relocating the tribe and its members who reside upon the lands conveyed by the contract in a manner that will reestablish and protect their economic, social, religious, and community life; (3) costs of relocating Indian cemeteries, tribal monuments, and shrines located upon the lands conveyed by the contract. (c) Provide a schedule of dates for the orderly removal of the Indians and their personal property from the taking area of the Fort Randall Reservoir within the reservation; and (d) State that the payments authorized to be made shall be in full and complete settlement of all claims by the tribe and its members against the United States arising because of the construction of the Fort Randall project. -SOURCE- (July 6, 1954, ch. 463, Sec. 2, 68 Stat. 452.) -CHANGE- CHANGE OF NAME Fort Randall Reservoir redesignated Lake Francis Case by Pub. L. 88-97, Aug. 15, 1963, 77 Stat. 124. -End- -CITE- 43 USC Sec. 1200 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1200. Judicial determination where compensation for condemnation of Sioux lands for dam purposes rejected -STATUTE- The just compensation payable for the individual property of any person conveyed pursuant to subsection (a) of section 1199 of this title shall be judicially determined, if such person rejects the compensation specified in the contract with the tribe, in proceedings instituted for such purpose by the Department of the Army in the United States district court for the district in which the lands are situated. -SOURCE- (July 6, 1954, ch. 463, Sec. 3, 68 Stat. 453.) -End- -CITE- 43 USC Sec. 1200a 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1200a. Preparation of appraisal schedule in determining just compensation for condemnation of Sioux lands for dam purposes; contents; transmittal to tribal representatives -STATUTE- To assist the negotiators in arriving at the amount of just compensation payable for the property conveyed pursuant to subsection (a) of section 1199 of this title, the Secretary of the Interior and the Chief of Engineers, Department of the Army, shall cause to be prepared an appraisal schedule on an individual tract basis of the tribal, allotted, and assigned lands, including heirship interests therein, located within the taking area in each reservation. The appraisal schedule shall show the fair market value of the lands, giving full and proper weight to the following elements of appraisal, among others: Improvements, severance damage, standing timber, mineral rights, and the uses to which the lands are reasonably adapted. The appraisal schedule shall be transmitted to the representatives of the tribe appointed to negotiate a contract, and shall be used, together with any other appraisals which may be available, as a basis for determining the amount of just compensation to be included in the contract. -SOURCE- (July 6, 1954, ch. 463, Sec. 4, 68 Stat. 453.) -End- -CITE- 43 USC Sec. 1200b 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1200b. Inclusion of other provisions in contracts for condemnation of Sioux lands for dam purposes -STATUTE- The specification in section 1199 of this title of certain provisions to be included in each contract shall not preclude the inclusion of other provisions beneficial to the Indians who are parties of such contracts. -SOURCE- (July 6, 1954, ch. 463, Sec. 5, 68 Stat. 453.) -End- -CITE- 43 USC Sec. 1200c 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1200c. Submission of contracts and reports covering disagreements on condemnation of Sioux lands for dam purposes; ratification; effect -STATUTE- Each contract negotiated pursuant to this subchapter shall be submitted to the Congress for approval. The Chief of Engineers, Department of the Army, and the Secretary of the Interior are requested to submit such contract within one year from July 6, 1954. If the negotiating parties are unable to agree on a proposed contract each party shall submit to the Congress separate detailed reports of the negotiations, together with their recommendations. In the event the negotiating parties are unable to agree on any provision in the proposed contracts such provision shall be included in an appendix to the contract, together with the views of each party, for consideration and determination by Congress. The contract shall not take effect unless, after determination of any disputed provision, it is ratified by Act of Congress and is ratified within six months after such action by the Congress by a majority of the adult members of the tribe: Provided, That when so ratified the contract shall constitute a taking by the United States as of the date the contract was signed by the Chief of Engineers, Department of the Army, and the Secretary of the Interior, for purposes of determining the ownership of the Indian tribal, allotted, and assigned lands and interests therein. -SOURCE- (July 6, 1954, ch. 463, Sec. 6, 68 Stat. 453.) -End- -CITE- 43 USC Sec. 1200d 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1200d. Effect of condemnation of Sioux lands for dam purposes on construction of Fort Randall Dam -STATUTE- Nothing in this subchapter shall be construed to restrict completion of the Fort Randall Dam to provide flood protection and other benefits on the Missouri River. -SOURCE- (July 6, 1954, ch. 463, Sec. 7, 68 Stat. 453.) -CHANGE- CHANGE OF NAME Fort Randall Reservoir redesignated Lake Francis Case by Pub. L. 88-97, Aug. 15, 1963, 77 Stat. 124. -End- -CITE- 43 USC Sec. 1200e 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER VIII - INDIAN LANDS -HEAD- Sec. 1200e. Authorization of appropriations for relocating certain Sioux tribe members after condemnation of lands for dam purposes; conditions; title to lands acquired -STATUTE- There is authorized to be appropriated to the Secretary of the Interior the sum of $106,500, which shall be available until expended for the purpose of relocating the members of the Yankton Sioux Tribe, South Dakota, who reside or have resided, on tribal and allotted lands acquired by the United States for the Fort Randall Dam and Reservoir project, Missouri River Development, in a manner that will reestablish and protect their economic, social, religious, and community life. Title to any lands acquired within Indian country pursuant to this section shall be taken in the name of the United States in trust for the Yankton Sioux Tribe or members thereof. The said sum of $106,500 shall be assessed against the costs of the Fort Randall Dam and Reservoir, Missouri River Development. -SOURCE- (July 6, 1954, ch. 463, Sec. 8, 68 Stat. 453.) -CHANGE- CHANGE OF NAME Fort Randall Reservoir redesignated Lake Francis Case by Pub. L. 88-97, Aug. 15, 1963, 77 Stat. 124. -End- -CITE- 43 USC SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS -HEAD- SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS -End- -CITE- 43 USC Sec. 1201 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS -HEAD- Sec. 1201. Power of Secretary or designated officer -STATUTE- The Secretary of the Interior, or such officer as he may designate, is authorized to enforce and carry into execution, by appropriate regulations, every part of the provisions of title 32 of the Revised Statutes not otherwise specially provided for. -SOURCE- (R.S. Sec. 2478; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -REFTEXT- REFERENCES IN TEXT Title 32 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 32 of the Revised Statutes, consisting of R.S. Secs. 2207 to 2490. For complete classification of R.S. Secs. 2207 to 2490 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 2478 derived from acts Sept. 28, 1850, ch. 84, Secs. 1, 4, 9 Stat. 520; Mar. 12, 1860, ch. 5, Sec. 1, 12 Stat. 3; Feb. 19, 1874, ch. 30, 18 Stat. 16. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. "Secretary of the Interior or such officer as he may designate" substituted for "Commissioner of the General Land Office, under the directions of the Secretary of the Interior" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. -End- -CITE- 43 USC SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS -HEAD- SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS -End- -CITE- 43 USC Sec. 1211 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS -HEAD- Sec. 1211. Elimination of oaths for written statements; discretion of Secretary of the Interior -STATUTE- Written statement in public land matters within the jurisdiction of the Department of the Interior, heretofore required by law to be made under oath, need no longer be made under oath unless the Secretary of the Interior shall, in his discretion, so require. -SOURCE- (June 3, 1948, ch. 392, Sec. 1, 62 Stat. 301.) -End- -CITE- 43 USC Sec. 1212 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS -HEAD- Sec. 1212. Unsworn written statements subject to penalties of presenting false claims -STATUTE- Unsworn written statements made in public land matters within the jurisdiction of the Department of the Interior shall remain subject to section 1001 of title 18. -SOURCE- (June 3, 1948, ch. 392, Sec. 2, 62 Stat. 301.) -COD- CODIFICATION "Section 1001 of title 18" substituted in text for "section 35(A) of the Criminal Code (35 Stat. 1095, 18 U.S.C. sec. 80), as amended" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure. -MISC1- EXEMPTION OF DEPARTMENT OF THE INTERIOR FROM RESTRICTIONS ON NOTARY PUBLIC Section 3 of act June 3, 1948, provided: "That part of section 558 of the Act of March 3, 1901, entitled 'An Act to establish a code of law for the District of Columbia' (31 Stat. 1279), as amended December 15, 1944 (58 Stat. 810, D.C. Code, 1951 edition, sec. 1-501), which reads as follows: 'And provided further, That no notary public shall be authorized to take acknowledgments, administer oaths, certify papers, or perform any official acts in connection with matters in which he is employed as counsel, attorney or agent or in which he may be in any way interested before any of the Departments aforesaid' shall not apply to matters before the Department of the Interior." -End- -CITE- 43 USC SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES -HEAD- SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES -End- -CITE- 43 USC Sec. 1221 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES -HEAD- Sec. 1221. Issuance of patents; application -STATUTE- Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract of public land, lying between the meander line of an inland lake or river in Wisconsin as originally surveyed and the meander line of that lake or river as subsequently resurveyed, has been held in good faith and in peaceful, adverse possession by a person, or his predecessors in interest, who had been issued a patent, prior to January 21, 1953, for lands lying along the meander line as originally determined, the Secretary of the Interior shall cause a patent to be issued to such person for such land upon the payment of the same price per acre as that at which the land included in the original patent was purchased and upon the same terms and conditions. All persons seeking to purchase lands under this subchapter shall make application to the Secretary within one year from August 24, 1954, or from the date of the official filing of the plat or resurvey, whichever is later, and the Secretary of the Interior shall cause no patents to be issued for land lying between the original meander line and the resurveyed meander line until the conclusion of such periods. -SOURCE- (Aug. 24, 1954, ch. 900, Sec. 1, 68 Stat. 789.) -End- -CITE- 43 USC Sec. 1222 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES -HEAD- Sec. 1222. Notice of opening of lands to purchase -STATUTE- Upon the filing of a plat of resurvey under section 1221 of this title the Secretary shall give such notice as he finds appropriate by newspaper publication or otherwise of the opening of the lands to purchase under this subchapter. -SOURCE- (Aug. 24, 1954, ch. 900, Sec. 2, 68 Stat. 790.) -End- -CITE- 43 USC Sec. 1223 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES -HEAD- Sec. 1223. Valid existing rights unaffected -STATUTE- Nothing in this subchapter shall affect valid existing rights. -SOURCE- (Aug. 24, 1954, ch. 900, Sec. 3, 68 Stat. 790.) -End- -CITE- 43 USC SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR -HEAD- SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR -End- -CITE- 43 USC Secs. 1231 to 1234 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR -HEAD- Secs. 1231 to 1234. Repealed. Pub. L. 91-646, title II, Sec. 220(a)(1), Jan. 2, 1971, 84 Stat. 1903 -MISC1- Section 1231, Pub. L. 85-433, Sec. 1, May 29, 1958, 72 Stat. 152, related to payment of moving expenses to owners and tenants of land acquired for developments and to applications for payments. Section 1232, Pub. L. 85-433, Sec. 2, May 29, 1958, 72 Stat. 152, related to administration and rules and regulations. Section 1233, Pub. L. 85-433, Sec. 3, May 29, 1958, 72 Stat. 152, related to definitions. Section 1234, Pub. L. 85-433, Sec. 4, May 29, 1958, 72 Stat. 152, related to availability of appropriations. See section 4601 et seq. of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 2, 1971, see section 221 of Pub. L. 91-646, set out as an Effective Date note under section 4601 of Title 42, The Public Health and Welfare. SAVINGS PROVISION Any rights or liabilities existing under provisions repealed by section 220(a) of Pub. L. 91-646 as not affected by such repeal, see section 220(b) of Pub. L. 91-646, set out as a note under section 4621 of Title 42, The Public Health and Welfare. -End- -CITE- 43 USC SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS -HEAD- SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS -End- -CITE- 43 USC Sec. 1241 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS -HEAD- Sec. 1241. Control of noxious plants on Government lands; State programs; terms of entry -STATUTE- The heads of Federal departments or agencies are authorized and directed to permit the commissioner of agriculture or other proper agency head of any State in which there is in effect a program for the control of noxious plants to enter upon any lands under their control or jurisdiction and destroy noxious plants growing on such land if - (1) such entry is in accordance with a program submitted to and approved by such department or agency: Provided, That no entry shall occur when the head of such Federal department or agency, or his designee, shall have certified that entry is inconsistent with national security; (2) the means by which noxious plants are destroyed are acceptable to the head of such department or agency; and (3) the same procedure required by the State program with respect to privately owned land has been followed. -SOURCE- (Pub. L. 90-583, Sec. 1, Oct. 17, 1968, 82 Stat. 1146.) -End- -CITE- 43 USC Sec. 1242 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS -HEAD- Sec. 1242. Reimbursement of States for expenses -STATUTE- Any State incurring expenses pursuant to section 1241 of this title upon presentation of an itemized account of such expenses shall be reimbursed by the head of the department or agency having control or jurisdiction of the land with respect to which such expenses were incurred: Provided, That such reimbursement shall be only to the extent that funds appropriated specifically to carry out the purposes of this subchapter are available therefor during the fiscal year in which the expenses are incurred. -SOURCE- (Pub. L. 90-583, Sec. 2, Oct. 17, 1968, 82 Stat. 1146.) -End- -CITE- 43 USC Sec. 1243 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS -HEAD- Sec. 1243. Authorization of appropriations -STATUTE- There are hereby authorized to be appropriated to departments or agencies of the Federal Government such sums as the Congress may determine to be necessary to carry out the purposes of this subchapter. -SOURCE- (Pub. L. 90-583, Sec. 3, Oct. 17, 1968, 82 Stat. 1146.) -End-