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Page 836 TITLE 16—CONSERVATION § 485 Conveyed to Any State, County, Or Municipal Government Pursuant to This Section Only If § 485 TITLE 16—CONSERVATION Page 836 conveyed to any State, county, or municipal respectively, in view of transfer of functions under this government pursuant to this section only if the section to Secretary of Agriculture from Secretary of lands were being utilized by such entities on the Interior by section 1(a) of Pub. L. 86–509, set out as January 12, 1983. Lands so conveyed may be used a note under section 2201 of Title 7. only for the purposes for which they were being CROSS REFERENCES used prior to conveyance. College-aid land grant, exchange of forest lands in (Pub. L. 90–171, Dec. 4, 1967, 81 Stat. 531; Pub. L. Missouri to be made in accordance with this section, see note set out under section 301 of Title 7, Agri- 97–465, § 8, Jan. 12, 1983, 96 Stat. 2536.) culture. AMENDMENTS SECTION REFERRED TO IN OTHER SECTIONS 1983—Pub. L. 97–465 inserted references to State, This section is referred to in sections 21c, 192b–9, 251a, county, or municipal government in three places in ex- 482i, 484a, 577f, 689d of this title. isting provisions and inserted provision authorizing the conveyance of lands to any State, county, or municipal § 485a. Omitted government pursuant to this section only if the lands CODIFICATION were being utilized by such entities on January 12, 1983, and requiring that lands so conveyed be used only for Section, act Aug. 2, 1935, ch. 424, 49 Stat. 508, related the purposes for which they were being used prior to to lands adjacent to Chelan National Forest. See Codi- conveyance. fication note set out under sections 486a to 486w of this title. § 485. Exchange of lands in national forests; cut- ting timber in national forests in exchange § 486. Exchange of lands in national forests; res- for lands therein ervations of timber, minerals, or easements When the public interests will be benefited Either party to an exchange may make res- thereby, the Secretary of Agriculture is author- ervations of timber, minerals, or easements, the values of which shall be duly considered in de- ized in his discretion to accept on behalf of the termining the values of the exchanged lands. United States title to any lands within the exte- Where reservations are made in lands conveyed rior boundaries of the national forests which, in to the United States the right to enjoy them his opinion, are chiefly valuable for national- shall be subject to such reasonable conditions forest purposes, and in exchange therefor may respecting ingress and egress and the use of the patent not to exceed an equal value of such na- surface of the land as may be deemed necessary tional-forest land, in the same State, surveyed by the Secretary of Agriculture; where mineral and nonmineral in character, or he may author- reservations are made in lands conveyed by the ize the grantor to cut and remove an equal value United States it shall be so stipulated in the of timber within the national forests of the patents, and that any person who acquires the same State; the values in each case to be deter- right to mine and remove the reserved deposits mined by him. Before any such exchange is ef- may enter and occupy so much of the surface as fected notice of the contemplated exchange re- may be required for all purposes incident to the citing the lands involved shall be published once mining and removal of the minerals therefrom, each week for four successive weeks in some and may mine and remove such minerals upon newspaper of general circulation in the county payment to the owner of the surface for dam- or counties in which may be situated the lands ages caused to the land and improvements to be accepted, and in some like newspaper pub- thereon. All property, rights, easements, and lished in any county in which may be situated benefits authorized by this section to be re- any lands or timber to be given in such ex- tained by or reserved to owners of lands con- change. Timber given in such exchanges shall be veyed to the United States shall be subject to cut and removed under the laws and regulations the tax laws of the States where such lands are relating to the national forests, and under the located. direction and supervision and in accordance with the requirements of the Secretary of Agri- (Mar. 20, 1922, ch. 105, § 2, as added Feb. 28, 1925, culture. Lands conveyed to the United States ch. 375, 43 Stat. 1090.) under this section and section 486 of this title TRANSFER OF FUNCTIONS shall, upon acceptance of title, become parts of Functions of Secretary of the Interior under this sec- the national forest within whose exterior bound- tion and section 485 of this title, with respect to ex- aries they are located. changes of non-Federal lands for national forest lands or timber, transferred to Secretary of Agriculture, see (Mar. 20, 1922, ch. 105, § 1, 42 Stat. 465; Pub. L. Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a 86–509, § 1(a), June 11, 1960, 74 Stat. 205.) note under section 2201 of Title 7, Agriculture. TRANSFER OF FUNCTIONS APPLICATION EXTENDED Functions of Secretary of the Interior under this sec- Act June 25, 1935, ch. 308, 49 Stat. 422, provided that tion and section 486 of this title, with respect to ex- this section should be extended and made applicable to changes of non-Federal lands for national forest lands exchanges of lands under acts Feb. 14, 1923, ch. 75, 42 or timber, transferred to Secretary of Agriculture, see Stat. 1245, and Feb. 7, 1929, ch. 160, 45 Stat. 1154, which Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a authorize the United States to acquire privately owned note under section 2201 of Title 7, Agriculture. lands situated within certain townships in the Lincoln ‘‘Secretary of Agriculture is authorized’’, ‘‘in his National Forest in the State of New Mexico, by ex- opinion’’, ‘‘he may authorize’’ and ‘‘the values in each changing therefor an equal value of unreserved and un- case to be determined by him’’ substituted in text for appropriated public lands within said State. ‘‘Secretary of the Interior is authorized’’, ‘‘in the opin- ion of the Secretary of Agriculture’’, ‘‘the Secretary of CROSS REFERENCES Agriculture may authorize’’ and ‘‘the values in each College-aid land grant, exchange of forest lands in case to be determined by the Secretary of Agriculture’’, Missouri to be made in accordance with this section, Page 837 TITLE 16—CONSERVATION §§ 486a to 486w see note set out under section 301 of Title 7, Agri- Helena National Forest—Act Apr. 23, 1930, ch. 206, 46 culture. Stat. 250. Idaho National Forest—Acts Oct. 17, 1919, ch. 88, 41 SECTION REFERRED TO IN OTHER SECTIONS Stat. 324; Apr. 10, 1928, ch. 338, 45 Stat. 415; June 30, 1932, This section is referred to in sections 192b–9, 482i, ch. 332, 47 Stat. 474. 484a, 577f of this title. Idaho, national forests in—Act Apr. 30, 1934, ch. 172, 48 Stat. 649. §§ 486a to 486w. Omitted Kaniksu National Forest—Acts May 26, 1938, ch. 279, 52 Stat. 443; Aug. 10, 1939, ch. 661, 53 Stat. 1347; June 14, CODIFICATION 1965, Pub. L. 89–39, 79 Stat. 129. Kansas National Forest—Act Feb. 28, 1911, ch. 181, 36 Exchanges of lands in or adjacent to national forests Stat. 960. were authorized by Congress in the following instances: Klamath National Forest—Act June 22, 1938, ch. 565, Absaroka National Forest—Act May 26, 1926, ch. 399, 52 Stat. 836. § 4, 44 Stat. 656. Lassen National Forest—Acts June 3, 1924, ch. 238, 43 Arapaho National Forest—Acts Mar. 3, 1927, ch. 340, Stat. 356; June 22, 1938, chs. 564, 566, 52 Stat. 835, 838. 44 Stat. 1378; Dec. 31, 1974, Pub. L. 93–575, 88 Stat. 1878. Lemhi National Forest—Act Mar. 1, 1921, ch. 101, 41 Ashley National Forest—Act Jan. 26, 1931, ch. 44, 46 Stat. 1199. Stat. 1040. Lincoln National Forest—Acts Feb. 14, 1923, ch. 75, 42 Black Hills National Forest—Acts Feb. 15, 1927, ch. Stat. 1245; Feb. 7, 1929, ch. 160, 45 Stat. 1154; June 25, 152, 44 Stat. 1099; June 15, 1938, ch. 388, 52 Stat. 686. 1935, ch. 308, 49 Stat. 422. Boise National Forest—Acts July 1, 1930, ch. 85, 46 Malheur National Forest—Acts Mar. 8, 1922, ch. 97, 42 Stat. 841; May 17, 1934, ch. 292, 48 Stat. 779; June 5, 1942, Stat. 416; June 17, 1940, ch. 392, 54 Stat. 402. ch. 342, § 1, 56 Stat. 320; July 17, 1959, Pub. L. 86–92, 73 Manti National Forest—Act Mar. 26, 1928, ch. 250, 45 Stat. 218. Stat. 370. Cache National Forest—Acts May 14, 1914, ch. 89, 38 Manzano National Forest—Act Apr. 16, 1928, ch. 378, Stat. 377; Feb. 17, 1917, ch. 86, 39 Stat. 922; Feb. 28, 1919, 45 Stat. 431. chs. 73, 77, 40 Stat. 1204, 1208; Feb. 25, 1932, ch. 57, 47 Medicine Bow National Forest—Acts June 7, 1924, ch. Stat. 55. 307, 43 Stat. 594; Apr. 13, 1926, ch. 131, 44 Stat. 248; Aug. Calaveras Bigtree National Forest—Acts Feb. 18, 1909, 20, 1935, ch. 576, 49 Stat. 662. ch. 143, 35 Stat. 627; May 7, 1912, ch. 105, 37 Stat. 108. Minam National Forest—Act Mar. 3, 1919, ch. 107, 40 Caribou National Forest—Acts Apr. 18, 1914, ch. 63, 38 Stat. 1319. Stat. 346; June 5, 1920, ch. 262, 41 Stat.
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