all such leases shall contain or be construed to contain provisions for the payment of just compensation to the lessee whose operations are thus suspended.

(d) National defense areas; suspension of operations; extension of leases.

The United States reserves and retains the right to designate by and through the Secretary of Defense, with the approval of the President, as areas restricted from exploration and operation that part of the outer Continental Shelf needed for national defense; and so long as such designation remains in effect no exploration or operations may be conducted on any part of the surface of such area except with the concurrence of the Secretary of Defense; and if operations or production under any lease theretofore issued on lands within any such restricted area shall be suspended, any payment of rentals, minimum royalty, and royalty prescribed by such lease likewise shall be suspended during such period of suspension of operation and production, and the term of such lease shall be extended by adding thereto any such suspension period, and the United States shall be liable to the lessee for such compensation as is required to be paid under the Constitution of the United States.

(e) Source materials essential to production of fissionable materials.

All uranium, thorium, and all other materials determined pursuant to paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, to be peculiarly essential to the production of fissionable material, contained, in whatever concentration, in deposits in the subsoil or seabed of the outer Continental Shelf are reserved for the use of the United States.

(f) Helium ownership; rules and regulations governing extraction.

The United States reserves and retains the ownership of and the right to extract all helium, under such rules and regulations as shall be prescribed by the Secretary, contained in gas produced from any portion of the outer Continental Shelf which may be subject to any lease maintained or granted pursuant to this subchapter, but the helium shall be extracted from such gas so as to cause no substantial delay in the delivery of gas produced to the purchaser of such gas. (Aug. 7, 1953, ch. 345, § 12, 67 Stat. 469.)

REFERENCES IN TEXT

Paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, referred to in subsec. (e), is covered by sections 2014 (x) and 2091 of Title 42, The Public Health and Welfare.

KEY LARGO CORAL REEF PRESERVE Withdrawal of area designated Key Largo Coral Reef Preserve from disposition, see Proc. No. 3339, Mar. 15, 1960, 25 F. R. 2352, set out as a note under section 461 of Title 16, Conservation.

§ 1342. Prior claims as unaffected.

Nothing herein contained shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this subchapter and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That noth

ing herein contained is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact applies to the lands subject to this subchapter or authorizes or compels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything herein contained. (Aug. 7, 1953, ch. 345, § 14, 67 Stat. 470.)

§ 1343. Annual report by Secretary to Congress.

As soon as practicable after the end of each fiscal year, the Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives a report detailing the amounts of all moneys received and expended in connection with the administration of this subchapter during the preceding fiscal year. (Aug. 7, 1953, ch. 345, § 15, 67 Stat. 470.)

1371. Fees, charges and commissions for applications and other documents relating to public lands and resources; publication in Federal Register. 1872. Existing fees, charges, and commissions. 1373. Price of copies of records furnished by Department. 1374. Refund of excess and other payments.

SUBCHAPTER III.-DEPOSITS AND FORFEITURES 1381. Forfeiture of bond or deposit by timber purchaser or permittee; deposit into Treasury; availability for forest improvement, protection, or rehabilitation work.

1382. Maintenance of roads and trails under jurisdiction of Bureau of Land Management; deposit of money; availability.

1383. Oregon and California Railroad and Coos Bay Wagon Road Grant lands; expenditure of moneys collected for benefit of land; transfer of excess. SUBCHAPTER IV.-PUBLIC LAND LAW REVIEW COMMISSION

1391. Congressional declaration of policy. Review of public land laws.

1392.

§ 1363. Same; cooperative agreements.

The Secretary of the Interior may enter into cooperative agreements involving the improvement, management, use, and protection of the public lands and their resources under his jurisdiction. The provisions of this section shall apply only in those cases where the making of cooperative agreements for such purposes is neither expressly authorized nor expressly prohibited by other provisions of law. (Pub. L. 86-649, title I, § 102, July 14, 1960, 74 Stat. 506.)

§ 1364. Same; acceptance of contributions and donations.

(a) The Secretary of the Interior may accept contributions or donations of money, services, and property, real, personal, or mixed, for the improvement, management, use, and protection of the public lands and their resources under his jurisdiction

including the acquisition of rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on federally controlled or intermingled lands. Moneys received hereunder shall be covered into the Treasury and are appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to depositors of amounts contributed by them in specific instances where the contribution is in excess of their share of the cost.

(b) This section shall not in any manner limit or repeal any existing statutory authority empowering the Secretary of the Interior to accept contributions or donations. (Pub. L. 86-649, title I, § 103, July 14, 1960, 74 Stat. 506.)

SUBCHAPTER II.-SERVICE CHARGES AND

EXCESS PAYMENTS

§ 1371. Fees, charges and commissions for applications and other documents relating to public lands and resources; publication in Federal Register. Notwithstanding any other provision of law, the Secretary of the Interior may establish reasonable filing fees, service fees and charges, and commissions with respect to applications and other documents relating to public lands and their resources under his jurisdiction, and may change and abolish such fees, charges, and commissions. Before any action is taken under this section, the Secretary shall publish in the Federal Register notice of his intention to take such action, and shall afford interested parties a period of thirty days, or, if he shall find it advisable, more, within which to submit data, views and arguments, either in writing or, if he shall deem it desirable, in open hearing. (Pub. L. 86-649, title II, § 201, July 14, 1960, 74 Stat. 506.)

§ 1372. Existing fees, charges, and commissions.

All fees, charges, and commissions prescribed by existing law or regulation shall remain in effect until changed or abolished by the Secretary. (Pub. L. 86649, title II, § 202(a), July 14, 1960, 74 Stat. 506.)

CODIFICATION

Section comprises subsec. (a) of section 202 of Pub. L. 86-649. Subsec. (b) of section 202 is set out as a note under this section.

REPEALS

Section 202(b) of Pub. L. 86-649 provided that: "Subject to the provisions of this section, any provisions in statutes which fix fees, service fees or charges, or commissions for the purposes covered in this title, are hereby repealed, including, without limitation, the first proviso of the General Land Office appropriations in the Act of February 14, 1931 (46 Stat. 1115, 1118; 43 U.S.C. 23), section 2239 of the Revised Statutes (43 U.S.C. 84), and such provisions of the following Acts as are contained in section 82, title 43, United States Code: Act

"Revised Statutes___ "May 14, 1880 (în sec. 2). "December 17, 1880. "July 26, 1892.

"March 22, 1904

"May 29, 1908 (in sec. 14). "January 24, 1923-"June 5, 1924_ "March 3, 1925–

Citation

Section 2238.
21 Stat. 140, 141.

21 Stat. 311.

27 Stat. 270.

33 Stat. 144.

35 Stat. 465, 468. 42 Stat. 1174, 1179. 43 Stat. 390, 395. 43 Stat. 1141, 1145."

§ 1373. Price of copies of records furnished by Department.

This chapter shall not be construed as affecting the provisions of section 488 of Title 5, relating to the price of copies of records furnished by the Department of the Interior. (Pub. L. 86-649, title II, § 203,

July 14, 1960, 74 Stat. 507.)

§ 1374. Refund of excess and other payments.

In any case where it shall appear to the satisfaction of the Secretary of the Interior that any person has made a payment under any statute relating to the sale, entry, lease, use, or other disposition of the public lands which is not required, or is in excess of the amount required, by applicable law and the regulations issued by the Secretary, the Secretary, upon application or otherwise, may cause a refund to be made from applicable funds. (Pub. L. 86-649, title II, § 204(a), July 14, 1960, 74 Stat. 507.)

SUBCHAPTER III.-DEPOSITS AND

FORFEITURES

§ 1381. Forfeiture of bond or deposit by timber purchaser or permittee; deposit into Treasury; availability for forest improvement, protection, or rehabilitation work.

Any moneys received by the United States as a result of the forfeiture of a bond or deposit by a timber purchaser or permittee who does not fulfill the requirements of his contract or permit or does not comply with the regulations of the Department, or as a result of a compromise or settlement of any claim whether sounding in tort or in contract involving present or potential damage to timberlands, shall be covered into the Treasury and are appropriated and made available, until expended as the Secretary may direct, to cover the cost to the United States of any forest improvement, protection, or rehabilitation work, which has been rendered necessary by the action which has led to the forfeiture, compromise, or settlement. (Pub. L. 86-649, title III, § 301, July 14, 1960. 74 Stat. 507.)

§ 1382. Maintenance of roads and trails under jurisdiction of Bureau of Land Management; deposit of money; availability.

The Secretary of the Interior may require a user or users of roads or trails under the jurisdiction of the Bureau of Land Management to maintain such roads or trails in a satisfactory condition commensurate with the particular use requirements and the use made by each, the extent of such maintenance to be shared by the users in proportion to such use or, if such maintenance cannot be so provided, to deposit sufficient money to enable the Secretary to provide such maintenance. Such deposits shall be covered into the Treasury and are appropriated and made available until expended, as the Secretary may direct, to cover the cost to the United States of the maintenance of any road or trail under the jurisdiction of the Bureau of Land Management. L. 86-649, title III, § 302, July 14, 1960, 74 Stat. 507.) § 1383. Oregon and California Railroad and Coos Bay Wagon Road Grant lands; expenditure of moneys collected for benefit of land; transfer of excess. Any moneys collected under this chapter in connection with lands administered under sections

(Pub.

1181a-1181f of this title shall be expended for the benefit of such land only. If any portion of a deposit or amount forfeited under this chapter is found by the Secretary to be in excess of the cost of doing the work authorized under this chapter, the amount in excess shall be transferred to miscellaneous receipts. (Pub. L. 86-649, title III, § 303, July 14, 1960, 74 Stat. 508.)

SUBCHAPTER IV.-PUBLIC LAND LAW REVIEW COMMISSION

CODIFICATION

Subchapter was not enacted as part of the Public Land Administration Act which comprises subchapters I-III of this chapter.

§ 1391. Congressional declaration of policy.

It is hereby declared to be the policy of Congress that the public lands of the United States shall be (a) retained and managed or (b) disposed of, all in a manner to provide the maximum benefit for the general public. (Pub. L. 88-606, § 1, Sept. 19, 1964, 78 Stat. 982.)

§ 1392. Review of public land laws.

Because the public land laws of the United States have developed over a long period of years through a series of Acts of Congress which are not fully correlated with each other and because those laws, or some of them, may be inadequate to meet the current and future needs of the American people and because administration of the public lands and the laws relating thereto has been divided among several agencies of the Federal Government, it is necessary to have a comprehensive review of those laws and the rules and regulations promulgated thereunder and to determine whether and to what extent revisions thereof are necessary. (Pub. L. 88-606, § 2, Sept. 19, 1964, 78 Stat. 982.)

§ 1393. Commission on public land law review. (a) Establishment.

For the purpose of carrying out the policy and purpose set forth in sections 1391 and 1392 of this title, there is hereby established a commission to be known as the Public Land Law Review Commission, hereinafter referred to as "the Commission."

(b) Membership; selection; appointment; Chairman. The Commission shall be composed of nineteen members, as follows:

(i) Three majority and three minority members of the Senate Committee on Interior and Insular Affairs to be appointed by the President of the Senate;

(ii) Three majority and three minority members of the House Committee on Interior and Insular Affairs to be appointed by the Speaker of the House of Representatives;

(iii) Six persons to be appointed by the President of the United States from among persons who at the time appointment is to be made hereunder are not, and within a period of one year immediately preceding that time have not been, officers or employees of the United States; but, the foregoing or any other provision of law notwithstanding, there may be appointed, under this paragraph, any person who is retained, designated,

appointed, or employed by any instrumentality of the executive branch of the Government or by any independent agency of the United States to perform, with or without compensation, temporary duties on either a full-time or intermittent basis for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days; and

(iv) One person, elected by majority vote of the other eighteen, who shall be the Chairman of the Commission.

(c) Vacancies.

Any vacancy which may occur on the Commission shall not affect its powers or functions but shall be filled in the same manner in which the original appointment was made.

(d) Organization meeting.

The organization meeting of the Commission shall be held at such time and place as may be specified in a call issued jointly by the senior member appointed by the President of the Senate and the senior member appointed by the Speaker of the House of Representatives.

(e) Quorum.

Ten members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings.

(f) Compensation of Congressmen members.

Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.

(g) Compensation of Presidential appointees.

The members appointed by the President shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. (Pub. L. 88-606, § 3, Sept. 19, 1964, 78 Stat. 982.)

§ 1394. Duties of Commission; report to President and to Congress; termination of existence; records and papers.

(a) The Commission shall (i) study existing statutes and regulations governing the retention, management, and disposition of the public lands; (ii) review the policies and practices of the Federal agencies charged with administrative jurisdiction over such lands insofar as such policies and practices relate to the retention, management, and disposition of those lands; (iii) compile data necessary to understand and determine the various demands on the public lands which now exist and which are likely to exist within the foreseeable future; and (iv) recommend such modifications in existing laws, regulations, policies, and practices as will, in the judgment of the Commission, best serve to carry out the policy set forth in section 1391 of this title.

(b) The Commission shall, not later than December 31, 1968, submit to the President and the Congress its final report. It shall cease to exist six

months after submission of said report or on June 30, 1969, whichever is earlier. All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the Archives of the United States. (Pub. L. 88606, § 4, Sept. 19, 1964, 78 Stat. 983.)

§ 1395. Departmental liaison officers.

The Chairman of the Commission shall request the head of each Federal department or independent agency which has an interest in or responsibility with respect to the retention, management, or disposition of the public lands to appoint, and the head of such department or agency shall appoint, a liaison officer who shall work closely with the Commission and its staff in matters pertaining to this subchapter. (Pub. L. 88-606, § 5, Sept. 19, 1964, 78 Stat. 983.)

§ 1396. Advisory council; establishment; membership; vacancies; duties; compensation; organization meeting; final meeting.

(a) There is hereby established an Advisory Council, which shall consist of the liaison officers appointed under section 1395 of this title, together with 25 additional members appointed by the Commission who shall be representative of the various major citizens' groups interested in problems relating to the retention, management, and disposition of the public lands, including the following: Organizations representative of State and local government, private organizations working in the field of public land management and outdoor recreation resources and opportunities, landowners, forestry interests, livestock interests, mining interests, oil and gas interests, commercial and sport fishing interests, commercial outdoor recreation interests, industry, education, labor, and public utilities. Any vacancy occurring on the Advisory Council shall be filled in the same manner as the original appointment.

(b) The Advisory Council shall advise and counsel the Commission concerning matters within the jurisdiction of the Commission.

(c) Members of the Advisory Council shall serve without compensation, but shall be entitled to reimbursement for actual travel and subsistence expenses incurred in attending meetings of the Council called or approved by the Chairman of the Commission or in carrying out duties assigned by the Chair

man.

(d) The Chairman of the Commission shall call an organization meeting of the Advisory Council as soon as practicable, a meeting of such council each six months thereafter, and a final meeting prior to approval of the final report by the Commission. (Pub. L. 88-606, § 6, Ɛept. 19, 1964, 78 Stat. 983.) § 1397. Governors' representatives.

The Chairman of the Commission shall invite the Governor of each State to designate a representative to work closely with the Commission and its staff and with the advisory council in matters pertaining to this subchapter. (Pub. L. 88-606, § 7, Sept. 19, 1964, 78 Stat. 984.)

§ 1398. Powers of Commission.

(a) The Commission or, on authorization of the Commission, any committee of two or more members, at least one of whom shall be of each major

political party, may, for the purpose of carrying out the provisions of this subchapter, hold such hearings and sit and act at such times and places as the Commission or such authorized committee may deem advisable. Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued only on the authority of the Commission and shall be served by anyone designated by the Chairman of the Commission.

The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or other matters which would require the presence of the parties subpenaed at a hearing to be held outside of the State wherein the witness is found or resides or transacts business.

A witness may submit material on a confidential basis for the use of the Commission and, if so submitted, the Commission shall not make the material public. The provisions of sections 192-194 of title 2, inclusive, shall apply in case of any failure of any witness to comply with any subpena or testimony when summoned under this section.

(b) The Commission is authorized to secure from any department, agency, or individual instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this subchapter and each such department, agency, and instrumentality is authorized and directed to furnish such information to the Commission upon request made by the Chairman or the Vice Chairman when acting as Chairman.

(c) If the Commission requires of any witness or of any governmental agency production of any materials which have theretofore been submitted to a government agency on a confidential basis, and the confidentiality of those materials is protected by statute, the material so produced shall be held confidential by the Commission. (Pub. L. 88-606, § 8, Sept. 19, 1964, 78 Stat. 984.)

§ 1399. Authorization of appropriations; compensation of Chairman, staff director, and additional personnel; civil service laws; contracts; transfer of funds; conflict of interest.

(a) There are hereby authorized to be appropriated such sums, but not more than $4,000,000, as may be necessary to carry out the provisions of this subchapter and such moneys as may be appropriated shall be available to the Commission until expended.

(b) The Commission is authorized, without regard to the civil service laws and regulations and without regard to the Classification Act of 1949, as amended, to fix the compensation of its Chairman and appoint and fix the compensation of its staff director, and such additional personnel as may be necessary to enable it to carry out its functions except that any Federal employees subject to the civil service laws and regulations who may be employed by the Commission shall retain civil service status without interruption or loss of status or privilege.

(c) The Commission is authorized to enter into contracts or agreements for studies and surveys with public and private organizations and, if necessary, to transfer funds to Federal agencies from sums appropriated pursuant to this subchapter to carry out such aspects of the review as the Commission determines can best be carried out in that manner.

(d) Service of an individual as a member of the Advisory Council, as the representative of a Governor, or employment by the Commission of an attorney or expert in any job or professional field on a part-time or full-time basis with or without compensation shall not be considered as service or employment bringing such individuals within the provisions of the Act of October 23, 1962. (Pub. L. 88-606, § 9, Sept. 19, 1964, 78 Stat. 985.)

REFERENCES IN TEXT

The Classification Act of 1949, as amended, referred to in subsec. (b), is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees. The Act of October 23, 1962, referred to in subsec. (d), is classified to section 201 et seq. of Title 18, Crimes and Criminal Procedure.

§ 1400. Definition of public lands.

As used in this subchapter, the term "public lands” includes (a) the public domain of the United States, (b) reservations, other than Indian reservations, created from the public domain, (c) lands permanently or temporarily withdrawn, reserved, or withheld from private appropriation and disposal under the ́public land laws, including the mining laws, (d) outstanding interests of the United States in lands patented, conveyed in fee or otherwise, under the public land laws, (e) national forests, (f) wildlife refuges and ranges, and (g) the surface and subsurface resources of all such lands, including the disposition or restriction on disposition of the mineral resources in lands defined by appropriate statute, treaty, or judicial determination as being under the control of the United States in the Outer Continental Shelf. (Pub. L. 88-606, § 10, Sept. 19, 1964, 78 Stat. 985.)

SUBCHAPTER V.-CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR INTERIM MANAGEMENT

CODIFICATION

Subchapter was not enacted as part of the Public Land Administration Act which comprises subchapters I-III of this chapter.

§ 1411. Disposal or retention of lands; classification by Secretary; considerations; designations.

Consistent with and supplemental to the Taylor Grazing Act of June 28, 1934, as amended, and pending the implementation of recommendations to be made by the Public Land Law Review Commission

(a) The Secretary of the Interior shall develop and promulgate regulations containing criteria by which he will determine which of the public lands and other Federal lands, including those situated in the State of Alaska exclusively administered by him through the Bureau of Land Management shall be (a) disposed of because they are (1) required for the orderly growth and development of a community or (2) are chiefly valuable for residential, commercial, agricultural (exclusive of lands chiefly valuable for grazing and raising forage crops), industrial, or public uses or development or (b) retained, at least during this period, in Federal ownership and managed for (1) domestic livestock grazing, (2) fish and wildlife development and utilization, (3) industrial de