§ 154. — Vacation of withdrawals under reclamation law; lands valuable for minerals; reservation of rights, ways, and easements; rules and regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC154]
TITLE 43--PUBLIC LANDS
CHAPTER 6--WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY
Sec. 154. Vacation of withdrawals under reclamation law; lands
valuable for minerals; reservation of rights, ways, and
easements; rules and regulations
Where public lands of the United States have been withdrawn for
possible use for construction purposes under the Federal reclamation
laws, and are known or believed to be valuable for minerals and would,
if not so withdrawn, be subject to location and patent under the general
mining laws, the Secretary of the Interior, when in his opinion the
rights of the United States will not be prejudiced thereby, may, in his
discretion, open the land to location, entry, and patent under the
general mining laws, reserving such ways, rights, and easements over or
to such lands as may be prescribed by him and as may be deemed necessary
or appropriate, including the right to take and remove from such lands
construction materials for use in the construction of irrigation works,
and/or the said Secretary may require the execution of a contract by the
intending locator or entryman as a condition precedent to the vesting of
any rights in him, when in the opinion of the Secretary same may be
necessary for the protection of the irrigation interests. Such
reservations or contract rights may be in favor of the United States or
irrigation concerns cooperating or contracting with the United States
and operating in the vicinity of such lands. The Secretary may prescribe
the form of such contract which shall be executed and acknowledged and
recorded in the county records and United States local land office by
any locator or entryman of such land before any rights in their favor
attach thereto, and the locator or entryman executing such contract
shall undertake such indemnifying covenants and shall grant such rights
over such lands as in the opinion of the Secretary may be necessary for
the protection of Federal or private irrigation in the vicinity. Notice
of such reservation or of the necessity of executing such prescribed
contract shall be filed in the Bureau of Land Management and in the
appropriate local land office, and notations thereof shall be made upon
the appropriate tract books, and any location or entry thereafter made
upon or for such lands, and any patent therefor shall be subject to the
terms of such contract and/or to such reserved ways, rights, or
easements and such entry or patent shall contain a reference thereto.
The Secretary of the Interior may prescribe such rules and
regulations as may be necessary to enable him to enforce the provisions
of this section.
(Apr. 23, 1932, ch. 134, Secs. 1, 2, 47 Stat. 136, 137; 1946 Reorg. Plan
No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
References in Text
The Federal reclamation laws, referred to in text, are classified
generally to chapter 12 (Sec. 371 et seq.) of this title.
The general mining laws, referred to in text, are classified
generally to Title 30, Mineral Lands and Mining.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
``Bureau of Land Management'' substituted for ``General Land
Office'' on authority of section 403 of Reorg. Plan No. 3 of 1946. See
note set out under section 1 of this title.
