§ 38. — Exchange for State or private lands authorized.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC38]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V--YELLOWSTONE NATIONAL PARK
Sec. 38. Exchange for State or private lands authorized
The Secretary of Agriculture is authorized in his discretion to
accept, on behalf of the United States, title to any lands held in
private or State ownership within the townships described in section 37
of this title, and in exchange therefor may patent not to exceed an
equal value of national forest land in the State of Montana, surveyed
and nonmineral in character, or the Secretary of Agriculture may
authorize the grantor to cut and remove not to exceed an equal value of
timber within the national forests of said State, the values in each
case to be determined by the Secretary of Agriculture: Provided, That
before any such exchange is effected, notice of the contemplated
exchange reciting the lands involved shall be published once each week
for four successive weeks in some newspaper of general circulation in
the county or counties in which may be situated the lands to be accepted
and in some like newspaper published in any county in which may be
situated any lands or timber to be given in such exchange. Timber given
in exchange shall be cut and removed from national forests under the
laws and regulations relating to the national forests and under the
direction and supervision and in accordance with the requirements of the
Secretary of Agriculture.
(May 26, 1926, ch. 399, Sec. 2, 44 Stat. 655; Pub. L. 86-509, Sec. 1(f),
June 11, 1960, 74 Stat. 205.)
Transfer of Functions
Functions of Secretary of the Interior under this section, with
respect to exchanges of lands held in private or State ownership for
national forest lands or timber in Montana, transferred to Secretary of
Agriculture, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205, set out as
a note under section 2201 of Title 7, Agriculture.
Section Referred to in Other Sections
This section is referred to in sections 37, 39, 40 of this title.
