CHAPTER 30—ADMINISTRATION OF PUBLIC LANDS
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—SERVICE CHARGES AND EXCESS PAYMENTS
SUBCHAPTER III—DEPOSITS AND FORFEITURES
SUBCHAPTER IV—PUBLIC LAND LAW REVIEW COMMISSION
SUBCHAPTER V—CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR INTERIM MANAGEMENT
SUBCHAPTER VI—SALE OF PUBLIC LAND
SUBCHAPTER VII—SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL TRESPASS
SUBCHAPTER VIII—PUBLIC AIRPORTS
1441.
Lease of contiguous public lands for public airports; authority of Secretary of the Interior.
1442.
Terms of lease; public lands for public airports.
1443.
Cancellation of leases of public lands used as airports made under law in force May 24, 1928.
SUBCHAPTER I—GENERAL PROVISIONS
Section 1361, Pub. L. 86–649, §2, July 14, 1960, 74 Stat. 506, defined "public lands".
Section 1362, Pub. L. 86–649, title I, §101, July 14, 1960, 74 Stat. 506, authorized the Secretary of the Interior to conduct investigations, etc., for improvement, management, use, and protection of public lands and resources.
Section 1362a, Pub. L. 91–429, Sept. 26, 1970, 84 Stat. 885, authorized contracts for use of aircraft, services, and supplies for protection from fire of public lands administered by the Secretary of the Interior.
Section 1363, Pub. L. 86–649, title I, §102, July 14, 1960, 74 Stat. 506, authorized cooperative agreements by Secretary of the Interior with respect to improvement, etc., of public lands and resources.
Section 1364, Pub. L. 86–649, title I, §103, July 14, 1960, 74 Stat. 506, authorized acceptance of contributions by Secretary of the Interior with respect to improvements, etc., of public lands and resources.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 705(a) is effective on and after Oct. 21, 1976.
Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
SUBCHAPTER II—SERVICE CHARGES AND EXCESS PAYMENTS
Section 1371, Pub. L. 86–649, title II, §201, July 14, 1960, 74 Stat. 506, related to fees, charges, and commissions for applications and other documents relating to public lands and resources.
Section 1372, Pub. L. 86–649, title II, §202(a), July 14, 1960, 74 Stat. 506, provided that existing fees, charges, and commissions remain in effect until changed or abolished by the Secretary.
Repeals
Pub. L. 86–649, title II, §202(b), July 14, 1960, 74 Stat. 507, 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 | Citation |
|---|
| "Revised Statutes |
Section 2238. |
| "May 14, 1880 (in sec. 2) |
21 Stat. 140, 141. |
| "December 17, 1880 |
21 Stat. 311. |
| "July 26, 1892 |
27 Stat. 270. |
| "March 22, 1904 |
33 Stat. 144. |
| "May 29, 1908 (in sec. 14) |
35 Stat. 465, 468. |
| "January 24, 1923 |
42 Stat. 1174, 1179. |
| "June 5, 1924 |
43 Stat. 390, 395. |
| "March 3, 1925 |
43 Stat. 1141, 1145." |
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 705(a) is effective on and after Oct. 21, 1976.
Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
Section 1373, Pub. L. 86–649, title II, §203, July 14, 1960, 74 Stat. 507, related to price of copies of records furnished by the Department of the Interior.
Section 1374, Pub. L. 86–649, title II, §204(a), July 14, 1960, 74 Stat. 507, related to refund of excess or other payments.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 705(a) is effective on and after Oct. 21, 1976.
Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
SUBCHAPTER III—DEPOSITS AND FORFEITURES
Section 1381, Pub. L. 86–649, title III, §301, July 14, 1960, 74 Stat. 507, related to forfeiture of bond or deposit by timber purchaser or permittee.
Section 1382, Pub. L. 86–649, title III, §302, July 14, 1960, 74 Stat. 507, related to maintenance of roads and trails under jurisdiction of Bureau of Land Management and deposit of funds to insure maintenance.
Section 1383, Pub. L. 86–649, title III, §303, July 14, 1960, 74 Stat. 508, related to Oregon and California Railroad and Coos Bay Wagon Road Grant lands.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 705(a) is effective on and after Oct. 21, 1976.
Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
SUBCHAPTER IV—PUBLIC LAND LAW REVIEW COMMISSION
§§1391 to 1400. Omitted
Editorial Notes
Codification
Sections 1391 to 1400 of this title, which related to the Public Land Law Review Commission, were omitted in view of the termination of the Commission pursuant to section 1394 of this title.
Section 1391, Pub. L. 88–606, §1, Sept. 19, 1964, 78 Stat. 982, related to Congressional declaration of policy.
Section 1392, Pub. L. 88–606, §2, Sept. 19, 1964, 78 Stat. 982, provided for review of public land laws.
Section 1393, Pub. L. 88–606, §3, Sept. 19, 1964, 78 Stat. 982, established Public Land Law Review Commission and provided for membership, a chairman, vacancies, and compensation.
Section 1394, Pub. L. 88–606, §4, Sept. 19, 1964, 78 Stat. 983; Pub. L. 90–213, §1(1), (2), Dec. 18, 1967, 81 Stat. 660, related to duties of Commission and provided that Commission, not later than June 30, 1970, submit its final report to President and Congress and that six months after submission of this report or on Dec. 31, 1970, whichever was earlier, the Commission cease to exist.
Section 1395, Pub. L. 88–606, §5, Sept. 19, 1964, 78 Stat. 983, related to departmental liaison officers.
Section 1396, Pub. L. 88–606, §6, Sept. 19, 1964, 78 Stat. 983, established an advisory council to aid Commission.
Section 1397, Pub. L. 88–606, §7, Sept. 19, 1964, 78 Stat. 984, related to representation of State Governors.
Section 1398, Pub. L. 88–606, §8, Sept. 19, 1964, 78 Stat. 984; Pub. L. 90–213, §1(4), Dec. 18, 1967, 81 Stat. 660, related to powers of Commission.
Section 1399, Pub. L. 88–606, §9, Sept. 19, 1964, 78 Stat. 985; Pub. L. 90–213, §1(3), Dec. 18, 1967, 81 Stat. 660, related to appropriations, compensation of chairman and staff director, contracts and transfer of fund.
Section 1400, Pub. L. 88–606, §10, Sept. 19, 1964, 78 Stat. 985, defined public land as used in this subchapter.
SUBCHAPTER V—CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR INTERIM MANAGEMENT
§§1411 to 1418. Omitted
Editorial Notes
Codification
Sections 1411 to 1418 of this title, which related to the classification of lands to provide for disposal or interim management, were omitted pursuant to section 1418 of this title which terminated this authority.
Section 1411, Pub. L. 88–607, §1, Sept. 19, 1964, 78 Stat. 986, authorized Secretary of the Interior to classify lands for purpose of disposal or retention.
Section 1412, Pub. L. 88–607, §2, Sept. 19, 1964, 78 Stat. 986, related to publication of notice by Secretary.
Section 1413, Pub. L. 88–607, §3, Sept. 19, 1964, 78 Stat. 986, related to development and administration of lands for multiple use and sustained yield.
Section 1414, Pub. L. 88–607, §4, Sept. 19, 1964, 78 Stat. 987, related to exemption of lands from other forms of disposal for certain period of time.
Section 1415, Pub. L. 88–607, §5, Sept. 19, 1964, 78 Stat. 987, related to definitions.
Section 1416, Pub. L. 88–607, §6, Sept. 19, 1964, 78 Stat. 988, related to supplemental legislation and provided that this subchapter not be construed as repealing any existing laws.
Section 1417, Pub. L. 88–607, §7, Sept. 19, 1964, 78 Stat. 988, related to restrictions.
Section 1418, Pub. L. 88–607, §8, Sept. 19, 1964, 78 Stat. 988; Pub. L. 90–213, §2, Dec. 18, 1967, 81 Stat. 660, provided that the authorizations and requirements of this subchapter expire six months after the final report of the Public Land Law Review Commission, which report was to be submitted not later than June 30, 1970.
SUBCHAPTER VI—SALE OF PUBLIC LAND
§§1421 to 1427. Omitted
Editorial Notes
Codification
Sections 1421 to 1427 of this title, which related to the sale of public land, were omitted pursuant to section 1427 of this title, which terminated this authority.
Section 1421, Pub. L. 88–608, §1, Sept. 19, 1964, 78 Stat. 988, authorized and directed Secretary of the Interior to dispose of public lands in tracts not exceeding a certain size at the appraised fair market value thereof.
Section 1422, Pub. L. 88–608, §2, Sept. 19, 1964, 78 Stat. 988, related to notification of local zoning authority by the Secretary of the Interior.
Section 1423, Pub. L. 88–608, §3, Sept. 19, 1964, 78 Stat. 989, related to notice of land offerings by publication.
Section 1424, Pub. L. 88–608, §4, Sept. 19, 1964, 78 Stat. 989, related to title reservations.
Section 1425, Pub. L. 88–608, §5, Sept. 19, 1964, 78 Stat. 989, defined "public lands", "qualified governmental agency", and "qualified individual".
Section 1426, Pub. L. 88–608, §6, Sept. 19, 1964, 78 Stat. 989, related to sales in Alaska.
Section 1427, Pub. L. 88–608, §7, Sept. 19, 1964, 78 Stat. 989; Pub. L. 90–213, §3, Dec. 18, 1967, 81 Stat. 660, provided that authority granted by this subchapter expire six months after final report of the Public Land Law Review Commission, which report was to be submitted not later than June 30, 1970, except that sales concerning which notice had been given in accordance with section 1423 of this title prior to such time could be consummated and patents issued in connection therewith after such time.
SUBCHAPTER VII—SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL TRESPASS
§§1431 to 1435. Omitted
Editorial Notes
Codification
Sections 1431 to 1435, relating to the sale of public lands subject to unintentional trespass, were omitted pursuant to section 1435 of this title, which provided for an expiration date three years after September 26, 1968, with certain exceptions.
Section 1431, Pub. L. 90–516, §1, Sept. 26, 1968, 82 Stat. 870, authorized Secretary of the Interior to sell at public auction any tract of public domain not exceeding a certain size which was subject to unintentional trespass.
Section 1432, Pub. L. 90–516, §2, Sept. 26, 1968, 82 Stat. 870, related to preference rights of contiguous landowners.
Section 1433, Pub. L. 90–516, §3, Sept. 26, 1968, 82 Stat. 870, related to continuing liability for unauthorized prior use.
Section 1434, Pub. L. 90–516, §4, Sept. 26, 1968, 82 Stat. 870, related to acreage limitations.
Section 1435, Pub. L. 90–516, §5, Sept. 26, 1968, 82 Stat. 870, provided that authority granted by this subchapter expire three years from Sept. 26, 1968, except that sales for which application had been made in accordance with this subchapter prior to expiration of that period could be consummated and patents issued after expiration of that period.
SUBCHAPTER VIII—PUBLIC AIRPORTS
§1441. Lease of contiguous public lands for public airports; authority of Secretary of the Interior
The Secretary of the Interior is authorized, in his discretion and under such regulations as he may prescribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed two thousand five hundred and sixty acres in area, subject to valid rights in such lands under the public-land laws.
(May 24, 1928, ch. 728, §1, 45 Stat. 728; Aug. 16, 1941, ch. 354, 55 Stat. 621.)
Editorial Notes
Codification
Section was previously classified to section 211 of former Title 49, Transportation.
Amendments
1941—Act Aug. 16, 1941, increased area of land authorized for lease as airport from six hundred and forty acres to two thousand five hundred and sixty acres.
§1442. Terms of lease; public lands for public airports
Any lease under section 1441 of this title shall be for a period not to exceed twenty years, subject to renewal for like periods upon agreement of the Secretary of the Interior and the lessee. Any such lease shall be subject to the following conditions:
(a) That an annual rental of such sum as the Secretary of the Interior may fix for the use of the lands shall be paid to the United States.
(b) That the lessee shall maintain the lands in such condition, and provide for the furnishing of such facilities, service, fuel, and other supplies, as are necessary to make the lands available for public use as an airport of a rating which may be prescribed by the Administrator of the Federal Aviation Agency.
(c) That the lessee shall make reasonable regulations to govern the use of the airport, but such regulations shall take effect only upon approval by the Administrator of the Federal Aviation Agency.
(d) That all departments and agencies of the United States operating aircraft (1) shall have free and unrestricted use of the airport, and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft.
(e) That whenever the President may deem it necessary for military purposes, the Secretary of the Army may assume full control of the airport.
(May 24, 1928, ch. 728, §2, 45 Stat. 728; June 23, 1938, ch. 601, §1107(b), 52 Stat. 1027; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 85–726, title XIV, §§1401(b), 1402(a), Aug. 23, 1958, 72 Stat. 806.)
Editorial Notes
Codification
Section was previously classified to section 212 of former Title 49, Transportation.
Amendments
1958—Subsecs. (b), (c). Pub. L. 85–726, §1402(a), substituted "Administrator of the Federal Aviation Agency" for "Civil Aeronautics Authority".
1938—Subsecs. (b), (c). Act June 23, 1938, substituted "Civil Aeronautics Authority" for "Secretary of Commerce".
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of a Secretary of the Army.
Effective Date of 1958 Amendment
Pub. L. 85–726, title XV, §1505(2), Aug. 23, 1958, 72 Stat. 811, provided that the amendment made by Pub. L. 85–726 is effective on 60th day following date on which Administrator of Federal Aviation Agency first appointed under Pub. L. 85–726 qualifies and takes office. Administrator appointed, qualified, and took office Oct. 31, 1958.
Executive Documents
Transfer of Functions
For transfer of certain real property and functions relating to real property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 14 [§2(17)], eff. July 1, 1948.
§1443. Cancellation of leases of public lands used as airports made under law in force May 24, 1928
With the consent of the lessee, the Secretary of the Interior is authorized to cancel any lease of public lands for use as public aviation fields or airports, made under law in force May 24, 1928, and to lease such lands to the lessee upon the conditions prescribed by section 1442 of this title.
(May 24, 1928, ch. 728, §3, 45 Stat. 729.)
Editorial Notes
Codification
Section was previously classified to section 213 of former Title 49, Transportation.