CHAPTER 44 —OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS
SUBCHAPTER I—ADMINISTRATION
SUBCHAPTER II—DISPOSITION OF FUNDS
SUBCHAPTER III—ADMINISTRATIVE JURISDICTION
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 (
The annual productive capacity for such lands shall be determined and declared as promptly as possible after August 28, 1937, but until such determination and declaration are made the average 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 declared, shall be sold annually, or so much thereof as can be sold at reasonable prices on a normal 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 practicable, a permanent source of raw materials for the support of dependent communities and local industries of the region; but until such subdivision 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 hearing thereon in the vicinity of such lands open to the attendance of State and local officers, representatives of dependent industries, residents, and other persons interested in the use of such lands. Due consideration shall be given to established 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 Secretary is authorized, in his discretion, to reject any bids which may interfere with the sustained-yield management plan of any unit.
(Aug. 28, 1937, ch. 876, title I, §1,
Editorial Notes
References in Text
Section 3, referred to in first par., is section 3 of act Aug. 28, 1937, ch. 876, title I,
Acts of June 9, 1916, and February 26, 1919, referred to in text, are acts June 9, 1916, ch. 137,
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Repeals
Act Aug. 28, 1937, ch. 876, title II (last par.),
1 See References in Text note below.
2 So in original. Probably should be "principle".
3 So in original. Probably should be "facilities:".
§2602. Cooperative agreements with other agencies or private owners for coordinated administration
The Secretary of the Interior is authorized, in his discretion, to make cooperative agreements with other Federal or State forest administrative 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 administration of other public agencies, when by such agreements he may be aided in accomplishing the purposes mentioned in
(Aug. 28, 1937, ch. 876, title I, §2,
Editorial Notes
Codification
Section was formerly classified to
§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
(Aug. 28, 1937, ch. 876, title I, §4,
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning act Aug. 28, 1937, ch. 876,
Codification
Section was formerly classified to
§2604. Rules and regulations generally; consultation and agreements with other agencies regarding 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 Secretary of the Interior is further authorized, in formulating forest-practice rules and regulations, to consult with the Oregon State Board of Forestry, representatives of timber owners and operators on or contiguous to said revested and reconveyed lands, and other persons or agencies interested in the use of such lands.
In formulating regulations for the protection of such timberlands against fire, the Secretary is authorized, in his discretion, to consult and advise with Federal, State, and county agencies engaged in forest-fire-protection work, and to make agreements with such agencies for the cooperative administration of fire regulations therein: Provided, That rules and regulations for the protection of the revested lands from fire shall conform with the requirements and practices of the State of Oregon insofar as the same are consistent with the interests of the United States.
(Aug. 28, 1937, ch. 876, title I, §5,
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", meaning act Aug. 28, 1937, ch. 876,
Codification
Section was formerly classified to
§2605. Oregon and California land-grant fund; annual distribution of moneys
On and after March 1, 1938, all moneys deposited in the Treasury of the United States in the special fund designated the "Oregon and California land-grant fund" shall be distributed annually as follows:
(a) Fifty per centum to the counties in which the lands revested under the Act of June 9, 1916 (
(b) Twenty-five per centum to said counties as money in lieu of taxes accrued or which shall accrue to them prior to March 1, 1938, under the provisions of the Act of July 13, 1926 (
From and after payment of the above accrued taxes said 25 per centum shall be accredited annually to the general fund in the Treasury of the United States until all reimbursable charges against the Oregon and California land-grant fund owing to the general fund in the Treasury have been paid: Provided, That if for any year after the extinguishment of the tax indebtedness accruing to the counties prior to March 1, 1938, under the provisions of Forty-fourth Statutes, page 915, the total amount payable under subsection (a) of this section is less than 78 per centum of the aggregate amount of tax claims which accrued to said counties under said Act for the year 1934, there shall be additionally payable for such year such portion of said 25 per centum (but not in excess of three-fifths of said 25 per centum), as may be necessary to make up the deficiency. When the general fund in the Treasury has been fully reimbursed for the expenditures which were made charges against the Oregon and California land-grant fund said 25 per centum shall be paid annually, on or after September 30, to the several counties in the manner provided in subsection (a) hereof.
(c) Twenty-five per centum to be available for the administration of this subchapter, in such annual amounts as the Congress shall from time to time determine. Any part of such per centum not used for administrative purposes shall be covered into the general fund of the Treasury of the United States: Provided, That moneys covered into the Treasury in such manner shall be used to satisfy the reimbursable charges against the Oregon and California land-grant fund mentioned in subsection (b) so long as any such charges shall exist.
(Aug. 28, 1937, ch. 876, title II,
Editorial Notes
References in Text
Act of June 9, 1916, referred to in subsec. (a), is act June 9, 1916, ch. 137,
Act of July 13, 1926 (
This subchapter, referred to in subsec. (c), was in the original "this Act", meaning act Aug. 28, 1937, ch. 876,
Codification
Section was formerly classified to
Section comprises all of title II of act Aug. 28, 1937, except the last par. which is set out as a Repeals note under
Amendments
1976—Subsec. (b).
1954—Subsec. (a). Act June 24, 1954, inserted proviso relating to determination of assessment.
§2606. Oregon and California Railroad revested lands and Coos Bay Wagon Road reconveyed lands
(a) In general
Notwithstanding any other provision of law, with respect to the Oregon and California Railroad grant land revested in the United States by the Act of June 9, 1916 (
(1) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to
(2) any provision of a land use plan adopted as described in paragraph (1).
(b) Effect of section
Nothing in this section affects any applicable requirement of the Secretary of the Interior to consult with the head of any other Federal department or agency—
(1) regarding a project carried out, or proposed to be carried out, pursuant to
(2) with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan.
(
Editorial Notes
References in Text
Acts of June 9, 1916, and February 26, 1919, referred to in subsec. (a), are acts June 9, 1916, ch. 137,
The Act of August 28, 1937, referred to in subsec. (a), is act Aug. 28, 1937, ch. 876,
Codification
Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Act of August 28, 1937, which comprises this subchapter.
§2607. Protection of Oregon and California Railroad grant lands
(a) Definitions
For purposes of this section:
(1) O & C land
The term "O & C land" means the land (commonly known as "Oregon and California Railroad grant land") that—
(A) revested in the United States under the Act of June 9, 1916 (
(B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 (
(2) CBWR land
The term "CBWR land" means the land (commonly known as "Coos Bay Wagon Road grant land") that—
(A) was reconveyed to the United States under the Act of February 26, 1919 (
(B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 (
(3) Geographic area
The term "geographic area" means the area in the State of Oregon within the boundaries of the Medford District, Roseburg District, Eugene District, Salem District, Coos Bay District, and Klamath Resource Area of the Lakeview District of the Bureau of Land Management, as the districts and the resource area were constituted on January 1, 1998.
(4) Secretary
The term "Secretary" means the Secretary of the Interior.
(b) Policy of no net loss of O & C land and CBWR land
In carrying out sales, purchases, and exchanges of land in the geographic area, the Secretary shall ensure that on October 30, 2008, and on the expiration of each 10-year period thereafter, the number of acres of O & C land and CBWR land in the geographic area is not less than the number of acres of such land on October 30, 1998.
(c) Relationship to Umpqua land exchange authority
Notwithstanding any other provision of this section, this section shall not apply to an exchange of land authorized pursuant to section 1028 of the Omnibus Parks and Public Lands Management Act of 1996 (
(
Editorial Notes
References in Text
Act of June 9, 1916, referred to in subsec. (a)(1)(A), is act June 9, 1916, ch. 137,
Act of August 28, 1937 (
Act of February 26, 1919, referred to in subsec. (a)(2)(A), is act Feb. 26, 1919, ch. 47,
Section 1028 of the Omnibus Parks and Public Lands Management Act of 1996, referred to in subsec. (c), is section 1028 of
Codification
Section was enacted as part of the Oregon Public Lands Transfer and Protection Act of 1998, and not as part of the Act of August 28, 1937, which comprises this subchapter.
SUBCHAPTER II—DISPOSITION OF FUNDS
§2621. Coos Bay Wagon Road grant fund; annual payments; appraisal and assessment of land and timber; computation of payments
Beginning with the fiscal year next following May 24, 1939, not to exceed 75 per centum of the receipts derived in any one year from the Coos Bay Wagon Road grant lands in Oregon and deposited in the special fund in the Treasury created by the Act of February 26, 1919 (
(May 24, 1939, ch. 144, §1,
Editorial Notes
References in Text
Act of February 26, 1919, referred to in text, is act Feb. 26, 1919, ch. 47,
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Repeals
Act May 24, 1939, ch. 144, §5,
§2622. Appraisal of land and timber; manner and frequency; computation of amounts upon basis of last appraisement; deduction of appraisement expenses
Appraisals of the land and timber thereon shall be made, in the manner prescribed in
(May 24, 1939, ch. 144, §2,
Editorial Notes
Codification
Section was formerly classified to
§2623. Additional sum from surplus for meeting payments due from insufficient annual receipts; maximum aggregate of decennial payments; covering of excess receipts into general fund of Treasury
If, during any one year, 75 per centum of the receipts are insufficient fully to meet the payments due the counties hereunder, the Secretary of the Treasury, upon certification by the Secretary of the Interior, may pay an additional sum from any surplus of 75 per centum of prior year receipts: Provided, however, That in no event shall the aggregate of payments during any ten-year period commencing with the period beginning July 1, 1940, exceed 75 per centum of the receipts deposited in the Treasury to the credit of the Coos Bay Wagon Road grant fund for such period: Provided further, That at the end of each ten-year period, any balance of the 75 per centum not required for payments to the counties shall be covered into the general fund of the Treasury of the United States.
(May 24, 1939, ch. 144, §3,
Editorial Notes
Codification
Section was formerly classified to
§2624. Amount available for administration of Coos Bay Wagon Road grant lands under subchapter I; covering of unused receipts into general fund of Treasury
Not to exceed 25 per centum of the annual receipts shall be available, in such amounts as the Congress shall from time to time appropriate for the administration of subchapter I, insofar as such sections apply to the Coos Bay Wagon Road grant lands. Any balance not used for administrative purposes shall be covered into the general fund of the Treasury of the United States.
(May 24, 1939, ch. 144, §4,
Editorial Notes
References in Text
Subchapter I, referred to in text, was in the original a reference to act Aug. 28, 1937, ch. 876,
Codification
Section was formerly classified to
SUBCHAPTER III—ADMINISTRATIVE JURISDICTION
§2631. Unselected and unpatented odd-numbered sections as revested grant lands; administration as national-forest lands; revenues; prohibition against disposition or exchange
Those unselected and unpatented odd-numbered sections within the indemnity limits of the Oregon and California Railroad land grant authorized by the Act of July 25, 1866 (
(June 24, 1954, ch. 357, §1(a),
Editorial Notes
References in Text
Acts July 25, 1866, April 10, 1869, and June 9, 1916, referred to in text, are acts July 25, 1866, ch. 242,
This subchapter, referred to in text, was in the original "this Act", meaning act June 24, 1954, ch. 357,
Codification
Section was formerly classified to
Section constitutes subsec. (a) of section 1 of act June 24, 1954. Subsec. (b) of section 1 amended
§2632. Exchange of jurisdiction between Secretaries; conditions; publication in Federal Register
The Secretary of the Interior and the Secretary of Agriculture are authorized and directed, within two years after June 24, 1954, to exchange administrative jurisdiction of revested Oregon and California Railroad grant lands lying within the boundaries of any national forest or within two miles of such boundaries, and national-forest lands of approximately equal aggregate value, when by such exchange the administration of the lands will be facilitated. Such exchanges shall be made subject to outstanding contracts, permits or other existing rights: Provided, That the said national-forest lands, administrative jurisdiction of which is transferred to the Secretary of the Interior, shall be excluded from the national forest and shall become subject to administration under the same provisions of law as the revested lands in exchange for which they were transferred, and the revested lands, administrative jurisdiction of which is transferred to the Secretary of Agriculture, shall become a part of the national forests subject to administration under the laws applicable to national forests: Provided further, That subject to the requirement of approximate equal aggregate value for the overall exchange, the revested lands and the national-forest lands, administrative jurisdiction of which is exchanged in any county, shall be approximately equal in area unless otherwise agreed to by the counties concerned. The exchanges provided for in this section shall in each case be evidenced by an order signed by the Secretary of the Interior and the Secretary of Agriculture and such orders shall be transmitted to the Division of the Federal Register for filing and publication.
(June 24, 1954, ch. 357, §2,
Editorial Notes
Codification
Section was formerly classified to
§2633. Designation of national-forest areas within counties; disposition of revenues; approval by court
For the purpose of consolidating and thereby facilitating administration and accounting the Secretary of Agriculture is authorized to designate in the several counties in which the lands described in
(June 24, 1954, ch. 357, §3,
Editorial Notes
References in Text
Act of August 28, 1937, referred to in text, is act Aug. 28, 1937, ch. 876,
Codification
Section was formerly classified to
§2634. Appropriations to carry out sections 2632 and 2633
For the purpose of carrying out the provisions of
(June 24, 1954, ch. 357, §4,
Editorial Notes
Codification
Section was formerly classified to