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1 23, 1958, 72 Stat. 730, Public Law 85-725, 43 U.S.C.

2 270-12, is further amended to read:

3

“The coal, oil, or gas deposits reserved to the United

4 States in accordance with the Act of March 8, 1922 (42

5 Stat. 415, ch. 96, as added to by the Act of August 17, 6 1961, 75 Stat. 384, Public Law 87-147, and amended by 7 the Act of October 3, 1962, 76 Stat. 740, Public Law 878 742), shall be subject to disposal by the United States in 9 accordance with the provisions of the laws applicable to coal,

10 oil, or gas deposits or coal, oil, or gas lands in Alaska in

11 force at the time of such disposal. Any person qualified to

12 acquire coal, oil, or gas deposits, or the right to mine or

13 remove the coal or to drill for and remove the oil or gas 14 under the laws of the United States shall have the right at 15 all times to enter upon the lands patented under the Act 16 of March 8, 1922, as amended, and in accordance with the 17 provisions hereof, for the purpose of prospecting for coal, oil, 18 or gas therein, upon the approval by the Secretary of the 19 Interior of a bond or undertaking to be filed with him as 20 security for the payment of all damages to the crops and 21 improvements on such lands by reason of such prospecting.

22 Any person who has acquired from the United States the

23 coal, oil, or gas deposits in any such land, or the right to

24 mine, drill for, or remove the same, may reenter and occupy

53

1

so much of the surface thereof incident to the mining and

2 removal of the coal, oil, or gas therefrom, and mine and 3 remove the coal or drill for and remove oil and gas upon

4 payment of the damages caused thereby to the owner thereof,

5 or upon giving a good and sufficient bond or undertaking in

6 an action instituted in any competent court to ascertain and 7 fix said damages: Provided, That the owner under such 8 limited patent shall have the right to mine the coal for use 9 on the land for domestic purposes at any time prior to the 10 disposal by the United States of the coal deposits: Provided 11 further, That nothing in this Act shall be construed as au12 thorizing the exploration upon or entry of any coal deposits 13 withdrawn from such exploration and purchase.”. 14 (e) Section 3 of the Act of August 30, 1949, 63 Stat. 15 679, ch. 521, 43 U.S.C. 678b-2, is amended to read: 16

"Notwithstanding the provisions of any Act of Congress 17 to the contrary, any person who prospects for, mines, or

removes any minerals from any land disposed of under the 19 Act of August 30, 1949 (63 Stat. 679, ch. 521), shall be 20 liable for any damage that may be caused to the value of the

land and tangible improvements thereon by such prospecting 22 for, mining, or removal of minerals. Nothing in this section 23 shall be construed to impair any vested right in existence on

18

21

24 August 30, 1949.".

54

1

(f) Notwithstanding any other provision of this Act, all

2 laws of the United States in effect on the date immediately

3 preceding the effective date of this Act relating to home4 steading in the United States shall, on and after such effective 5 date, continue to be applicable to lands within the State of 6 Alaska classified by the Secretary as suitable for homestead

7 entry in the same manner and same extent as if this Act had

8 not been enacted until June 30, 1984.

9

SEC. 504. REPEAL OF LAWS RELATING TO ADMINIS

10 TRATION OF NATIONAL RESOURCE LANDS.—The following

statutes or parts of statutes are repealed:

11

Act of

Chapter

Section

Statuto at
Large

43 U.S. Code

865

744.

871a.

1. Mar. 2, 1895..

174.

28714

176. 2. June 29, 1931

48 1272. 315g.
June 26, 1936.

812
3.

49 1976, uitle

] June 19, 1948.

519

62: 633 July 9, 1962

P.L. 87-524..

76: 140.

3158-1. 3. Aug 24, 1937

50: 718.

315p.
4. Mar. 3, 1909.

271.
2d proviso
35. 315.

772.

only. June 25, 1910.

J. Res. 40

36: 881
8. June 21, 1231.

48. 1185.
6. Revised Statute.
2417

1151.
Revised Statute.
2148.

1152.
7. June 6, 1874.

223.

18. 62.

1163, 1154. 8. Jan. 28, 1879.

30.

20. 274

1155. 9. May 30, 1894.

87

28:84.

1156.
10. Revised Statuto.
2450

1161.
Feb. 27, 1877

09.

19:244... The following words only: "Section twenty-four hundred and fifty is amended by striking out in the

fourth line the words 'Secretary of the Treasury' and inserting the words 'Secretary of the Interior". Revised Statute 2151.

1162.
February 27, 1877.

69
1

19: 244.
The following words only: "Section twenty-four hundred and nfty one is amended by striking out, in
the first and second lines, the words 'Secretary of the Treasury' and inserting the words 'Secretary of the

Interior'".
Revised Statute
2456.

1163.
Sept. 20. 1922.

350

42: 857
The words: ". and sections 2150, 2451, and 2456 be amended to read as follows:" and all words follow-

ing in the Act.
Revised Statute
2457

1161.
11. Mar. 3, 1891.

561.

26: 1098

1165.
12. Revised Statute
2471.

1191.
Revised Statute.
2472

1192.
Revised Statute
2473

1193.
13. July 14, 1960.
P.L. 86-619... 101 - 202(a), 74: 508

1361, 1362, 1303203-201(a),

1353.

301-303 14. Sept. 26, 1970..

P.L. 91-429..

84: 885

1362a.
16. July 31, 1939.

401.
1, 2.

$3: 1144.

12

SEC. 505. REPEAL OF LAWS RELATING TO RIGHTS

13 OF-WAY.- (a) The following statutes or parts of statutes

[blocks in formation]

Revised Statutes 2339

661.
The following words only: "and the right of way for the construction of ditches and canals for the purpose
herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or
canal, injures or damages the possession of any settler on the public domain, the party committing such injury

or damage shall be liable to the party injured for such injury or damage." Rovised Statutes 2340..

661. The following words only: ", or rights to ditches and reservoirs used in connection with such water rights,". Feb. 26, 1897.

335.

29: 599

661. Mar. 3, 1899.

427.

30. 1233 665, 958 (16 U.S.C.

525).
The following words only: "that in the form provided by existing law the Secretary of the Interior may file
and approve surveys and plats of any right of way for a wagon road, railroad, or other high way over and across
any forest reservation or reservoir site when in his judgment the public interests will not be injuriously adecte d

thereby." Mar. 3. 1875.

152.

18: 482

934-939. May 14, 1698

299.
2-9.
30: 409

912-1 to 942-9. Feb. 27, 1901.

614.

31: 815

943. June 26, 1906.

3548.

34: 481.

944. Mar. 3, 1891.

561.
18-21.

26: 1101. 946 949. Mar. 4, 1917

184.

39: 1197 May 26, 1926

409

44 668 Mar. 1, 1921

93.

41: 1194

950. Jan. 13, 1897

11.

29: 484

952-955. Mar. 3, 1923.

219

42: 1437 Jan. 21, 1895.

37.

28: €35.

951, 956, 957. May 14, 1896.

179.

29: 120. May 11, 1898.

292

30. 404 Mar. 4, 1917

184.

39: 1197 Feb. 15, 1901.

372

31: 790.. 959 (16 U.S.C. 79,

522). Mar. 4, 1911.

238

36: 1253 ....... 961 (16 U.S.C. 5,

120, 523).
Only the last two paragraphs under the subheading "Improvement of the National Forests" under the

heading "Forest Service". May 27, 1952.

338.

66: 95. May 21, 1896.

212

29: 127

962-965. Apr. 12, 1910.

155

36: 296.

906-970.

3 (b) Notwithstanding the provisions of subsection (a) 4 of this section, the following statute is repealed in its entirety:

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Act of

Chapter

Section

Statute at
Large

U.S. Code

Revised Statute 2477.

43 U.S.C. 932.

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY,

Washington, D.C., March 6, 1975. Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Washington,

D.C. DEAR MR. CHAIRMAN: This responds to your request for this Department's views on S. 507, a bill “To provide for the management, protection and development of the national resource lands, and for other purposes."

While S. 507 would provide needed management authority to protect and regulate the use of the national resource lands, we recommend the enactment of the Administration's proposed "National Resource Lands Management Act", transmitted to the Congress on March 6, in lieu of S. 507.

The national resource lands were for many years used as a means of stimulating the growth and development of the West. Consequently, little attention was given to preserving the irreplacable values of those lands. Many of the laws pertaining to the lands were designed primarily to facilitate disposal. Although there has been a growing awareness that these lands are an inval. uable national asset and although our policy is now to preserve their values, to obtain authority to develop sound planning of their uses and generally to maintain them in Federal ownership, these lands have inherited an archaic and often conflicting conglomeration of laws which govern their use. The national resource lands comprise over 60 percent of all Federal lands and yet Congress has never given the Bureau of Land Management, the administering agency, a clear and comprehensive grant of authority to manage these lands as it has done for the National Forest Service and the National Park Service.

S. 507, like the Administration proposal, would establish a legislative base for the management of the national resource lands. Title I of the bill declares a national policy that these lands be managed under the principles of multiple use and sustained yield in a manner which will, using all practicable means and measures, protect the quality of environment, including requiring appropriate land reclamation as a condition for use. It directs the Secretary of the Interior to inventory the national resource lands and to develop comprehensive land use plans for such lands, giving priority to "areas of critical environmental concern". Such areas are defined to include, among others, important natural systems and scenic or historic areas. The bill also directs the Secretary to identify land suitable for wilderness study within five years, and to review and make reconimendations to Congress within 15 years for inclusion of eligible land within the Wilderness System.

Title II would provide modern disposal authority for the Secretary to sell by competitive bidding national resource lands at not less than fair market value, when management of those lands would be significantly improved or when such disposal would serve important public objectives which cannot be prudently and feasibly achieved on land other than the national resource lands, or when the lands are not suitable for Federal purposes. Under certain circumstances it would authorize conveyance of mineral interests in lands to the surface owner if certain criteria are met. The bill would also authorize the acquisition of lands needed for proper management of national resource lands.

Title III would provide modern land management tools and procedures de. signed to facilitate achievement of the goals and objectives established for the national resource lands. Among other things, it would establish a working capital fund that would afford a more efficient method of accounting for various programs and service operations of the Bureau of Land Management. It would significantly facilitate management of the national resource lands by making violation of laws and regulations pertaining to them a crime and by vesting enforcement authority in certain designated Departmental employees. In addition, the bill would authorize the Secretary to cooperate with State and local law enforcement agencies on national resource lands and to reimburse them for extraordinary services on national resource lands.

Title IV provides uniform and comprehensive authority for the Secretary to grant rights-of-way for purposes ranging from roads, trails and canals to powerlines and pipelines other than oil and gas pipelines. Presently this authority must be gleaned from numerous, often overlapping laws.

Title V contains a list of laws to be repealed or amended. These laws are generally either obsolete, duplicative or are replaced by the preceding titles.

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