Page images
PDF
EPUB

General Exchange Act

• Act of March 20, 1922 (Ch. 105, 42 Stat. 465; 16 U.S.C. 485, 486)

Sec. 1. When the public interests will be benefited thereby, the Secretary of Agriculture be, and hereby is, authorized in his discretion to accept on behalf of the United States title to any lands within exterior boundaries of the national forests which, in the opinion of the Secretary of Agriculture, are chiefly valuable for national forest purposes, and in exchange there for the Secretary of the Interior may patent not to exceed an equal value of such national forest land, in the same State, surveyed and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove an equal value of timber within the national forests of the same State; the values in each case to be determined by the Secretary of Agriculture: Provided, That before any such exchange is effected notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in such exchange shall be cut and removed under the laws and regulations relating to the national forest, and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. Lands conveyed to the United States under this act shall, upon acceptance of title, become parts of the national forest within whose exterior boundaries they are located. (16 U.S.C. 485)

Sec. 2. Either party to an exchange may make reservations of timber, minerals, or easements, the values of which shall be duly considered in determining the values of the exchanged lands. Where reservations are made in lands conveyed to the United States the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary of Agriculture; where mineral reservations are made in lands conveyed by the United States it shall be so stipulated in the patents, and that any person who acquires the right to mine and remove the reserved deposits may enter and occupy so much of the surface as may be required for all purposes incident to the mining and removal of the minerals there from, and may mine

and remove such minerals upon payment to the owner of the surface for damages caused to the land and improvements thereon: Provided, That all property, rights, easements, and benefits authorized by this section to be retained by or reserved to owners of lands conveyed to the United States shall be subject to the tax laws of the States where such lands are located. (16 U.S.C. 486)

NOTE.--In addition to transferring certain functions
from the Secretary of the Interior to the Secretary of
Agriculture, the Act of June 11, 1960 (74 Stat. 205) also
provided in Section 2 thereof "In no case covered by
... [the March 20, 1922 Act] shall the exchange
provide for the patenting of land by the United States
without a reservation of minerals (1) unless the
Secretary of Agriculture has obtained the advice of the
Secretary of the Interior that the land is nonmineral in
character, or (2) unless the Secretary of the Interior
approves the valuation and disposition of the minerals
in the land to be patented".

NOTE.--The foregoing Act applies to national forest lands established from the public domain. The exchange authority applicable to Weeks Law lands is set forth in section 7 of the Weeks Law.

Traveling Expenses-Publication
Activities

• Act of May 11, 1922 (Ch. 185, 42 Stat. 507, as amended; 16 U.S.C. 556)

No part of any funds appropriated for the Forest Service shall be used to pay the transportation or traveling expenses of any forest officer or agent except he be traveling on business directly connected with the Forest Service and in furtherance of the works, aims, and objects specified and authorized by law; nor shall any such funds be paid or used for the purpose of paying for, in whole or in part, the preparation or publicaton of any newspaper or magazine article, but this shall not prevent the giving out to all persons, without discrimination, including newspapers and magazine writers and publishers, of any facts or official information of value to the public: Provided, That this prohibition shall not apply to scientific or technical articles prepared for or published in scientific publications. (16 U.S.C. 556)

NOTE.--See Forest Service Omnibus Act of 1958, Sec. 8.

Clarke-McNary Act

• Act of June 7, 1924 (Ch. 348, 43 Stat. 653, as amended; 16 U.S.C. 499, 505, 568, 568a, 569, 570)

NOTE.--Sec. 1, 2, 3, and 4 repealed by the Cooperative
Forestry Assistance Act of 1978 (92 Stat. 365).

Cooperative Forestry

Sec. 5. The Secretary of Agriculture is hereby authorized and directed, in cooperation with the land grant colleges and universities of the various States or, in his discretion, with other suitable State agencies, to aid farmers through advice, education, demonstrations, and other similar means in establishing, renewing, protecting, and managing wood lots, shelter belts, windbrakes, and other valuable forest growth, and in harvesting, utilizing and marketing the products thereof. Except for preliminary investigations, the amount expended by the Federal Government under this section in cooperation with any State or other cooperating agency during any fiscal year shall not exceed the amount expended by the State or other cooperating agency for the same purpose during the same fiscal year, and the Secretary of Agriculture is authorized to make expenditures on the certificate of the appropriate State official that the State expenditures, as provided for in this section, have been made. There is hereby authorized to be appropriated annually out of any money in the Treasury not otherwise appropriated, not more than $500,000 to enable the Secretary of Agriculture to carry out the provisions of this section. (16 U.S.C. 568)

NOTE.--The provisions of sections 3, 4, and 5 of this Act were extended to the Territories and Possessions of the United States by Joint Resolution of April 13, 1926, 44 Stat. 250. (16 U.S.C. 568a)

Sec. 6. [Section 6 of the Weeks Law as amended by this section was further amended by the National Forest Management Act so that this section is no longer applicable.]

Land Acquisition by Donation

Sec. 7. To enable owners of land chiefly valuable for the growing of timber crops to donate or devise such lands to the United States in order to assure future timber supplies for the agricultural and other industries of the State or for other national forest purposes, the Secretary of Agriculture is hereby authorized, in his discretion, to accept on behalf of the United States title to any such land so donated or devised, subject to such reservations by the donor of the present stand of merchantable timber or of mineral or other rights for a period not exceeding twenty years as the Secretary of Agriculture may find to be reasonable and not detrimental to the purposes of this section, and to pay out of any moneys appropriated for the general expenses of the Forest Service the cost of recording deeds or other expenses incident to the examination and acceptance of title. Any lands to which title is so accepted shall be in units of such size or so located as to be capable of economical administration as national forest either separately or jointly with other lands acquired under this section, or jointly with an existing national forest. All lands to which title is accepted under this section shall, upon acceptance of title, become national forest lands, subject to all laws applicable to lands acquired under the Act of March 1, 1911 (36 Stat. 961), and amendments thereto. In the sale of timber from national forest lands acquired under this section preference shall be given to applicants who will furnish the products desired there from to meet the necessities of citizens of the United States engaged in agriculture in the States in which such national forest is situated: Provided, That all property, rights, easements, and benefits authorized by this section to be retained by or reserved to owners of lands donated or devised to the United States shall be subject to the tax laws of the States where such lands are located. (16 U.S.C. 569)

NOTE.--The provisions of sections 6 and 7 of this Act were extended to Puerto Rico by Joint Resolution of March 3, 1931, 46 Stat. 1516, subject to the restriction that not to exceed 50,000 acres of land may be acquired in Puerto Rico under section 6.

National Forest Reservation Commission

Sec. 8. The Secretary of Agriculture is hereby

authorized to ascertain and determine the location of public lands chiefly valuable for stream-flow protection or for timber production, which can be economically administered as

« PreviousContinue »