43 U.S.C. § 2601 — Conservation management by Department

Page 643 TITLE 43—PUBLIC LANDS § 2601 1 See References in Text note below. 2 So in original. Probably should be ‘‘principle’’. Editorial Notes CODIFICATION Section was formerly classified to section 1166 of this title prior to editorial reclassification and renumbering as this section. § 2507. Entries and final proofs, made out of proper district, confirmed 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 ad- verse 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 situ- ated, as provided by the Act of March 11, 1902, such entry or proof shall be confirmed. (Mar. 9, 1904, ch. 503, § 1, 33 Stat. 64; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes 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, prior to repeal by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1167 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Mar. 9, 1904, ch. 503, § 2, 33 Stat. 64, provided: ‘‘That this Act [enacting this section] shall be in force from and after its passage and approval.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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 Gen- eral Land Office’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. CHAPTER 44—OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS SUBCHAPTER I—ADMINISTRATION Sec. 2601. Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision. Sec. 2602. Cooperative agreements with other agencies or private owners for coordinated adminis- tration. 2603. Leasing of lands for grazing; disposition of moneys; rules and regulations covering grazing lands. 2604. Rules and regulations generally; consultation and agreements with other agencies regard- ing fire regulations. 2605. Oregon and California land-grant fund; an- nual distribution of moneys. 2606. Oregon and California Railroad revested lands and Coos Bay Wagon Road reconveyed lands. 2607. Protection of Oregon and California Railroad grant lands. SUBCHAPTER II—DISPOSITION OF FUNDS 2621. Coos Bay Wagon Road grant fund; annual payments; appraisal and assessment of land and timber; computation of payments. 2622. Appraisal of land and timber; manner and fre- quency; computation of amounts upon basis of last appraisement; deduction of appraise- ment expenses. 2623. Additional sum from surplus for meeting pay- ments due from insufficient annual re- ceipts; maximum aggregate of decennial payments; covering of excess receipts into general fund of Treasury. 2624. Amount available for administration of Coos Bay Wagon Road grant lands under sub- chapter I; covering of unused receipts into general fund of Treasury. SUBCHAPTER III—ADMINISTRATIVE JURISDICTION 2631. Unselected and unpatented odd-numbered sec- tions as revested grant lands; administra- tion as national-forest lands; revenues; pro- hibition against disposition or exchange. 2632. Exchange of jurisdiction between Secretaries; conditions; publication in Federal Register. 2633. Designation of national-forest areas within counties; disposition of revenues; approval by court. 2634. Appropriations to carry out sections 2632 and 2633. SUBCHAPTER I—ADMINISTRATION § 2601. Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision 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 re- conveyed Coos Bay Wagon Road grant lands as are or may hereafter come under the jurisdic- tion 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 3 1 hereof, for permanent forest produc- tion, 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 contrib- uting to the economic stability of local commu- nities and industries, and providing recreational Page 644 TITLE 43—PUBLIC LANDS § 2602 3 So in original. Probably should be ‘‘facilities:’’. 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 de- termination and declaration are made the aver- age 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 de- clared, shall be sold annually, or so much there- of as can be sold at reasonable prices on a nor- mal 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 prac- ticable, a permanent source of raw materials for the support of dependent communities and local industries of the region; but until such subdivi- sion 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 hear- ing thereon in the vicinity of such lands open to the attendance of State and local officers, rep- resentatives of dependent industries, residents, and other persons interested in the use of such lands. Due consideration shall be given to estab- lished 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 Sec- retary is authorized, in his discretion, to reject any bids which may interfere with the sus- tained-yield management plan of any unit. (Aug. 28, 1937, ch. 876, title I, § 1, 50 Stat. 874.) Editorial Notes REFERENCES IN TEXT Section 3, referred to in first par., is section 3 of act Aug. 28, 1937, ch. 876, title I, 50 Stat. 875, which was classified to section 1181c of this title prior to repeal by Pub. L. 94–579, title VII, § 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. CODIFICATION Section was formerly classified to section 1181a of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries REPEALS Act Aug. 28, 1937, ch. 876, title II (last par.), 50 Stat. 876, provided: ‘‘All Acts or parts of Acts in conflict with this Act [enacting this subchapter and former section 1181c of this title] are hereby repealed to the extent necessary to give full force and effect to this Act.’’ § 2602. Cooperative agreements with other agen- cies or private owners for coordinated ad- ministration The Secretary of the Interior is authorized, in his discretion, to make cooperative agreements with other Federal or State forest administra- tive 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 ad- ministration of other public agencies, when by such agreements he may be aided in accom- plishing the purposes mentioned in sections 2601 and 2602 of this title. (Aug. 28, 1937, ch. 876, title I, § 2, 50 Stat. 874.) Editorial Notes CODIFICATION Section was formerly classified to section 1181b of this title prior to editorial reclassification and renum- bering as this section. § 2603. Leasing of lands for grazing; disposition of moneys; rules and regulations covering grazing lands 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 this subchapter as stated in section 2601 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 Sec- retary is also authorized to formulate rules and regulations for the use, protection, improve- ment, and rehabilitation of such grazing lands. (Aug. 28, 1937, ch. 876, title I, § 4, 50 Stat. 875.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’, meaning act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to this sub- chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1181d of this title prior to editorial reclassification and renum- bering as this section. § 2604. Rules and regulations generally; consulta- tion and agreements with other agencies re- garding fire regulations 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 this subchapter into full force and effect. The Sec- retary of the Interior is further authorized, in formulating forest-practice rules and regula-