16 Usc 486

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[CITE: 16USC486]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 486. Exchange of lands in national forests; reservations of
timber, minerals, or easements

Either party to an exchange may make reservations of timber,
minerals, or easements, the values of which shall be duly considered in
determining the values of the exchanged lands. Where reservations are
made in lands conveyed to the United States the right to enjoy them
shall be subject to such reasonable conditions respecting ingress and
egress and the use of the surface of the land as may be deemed necessary
by the Secretary of Agriculture; where mineral reservations are made in
lands conveyed by the United States it shall be so stipulated in the
patents, and that any person who acquires the right to mine and remove
the reserved deposits may enter and occupy so much of the surface as may
be required for all purposes incident to the mining and removal of the
minerals therefrom, and may mine and remove such minerals upon payment
to the owner of the surface for damages caused to the land and
improvements thereon. All property, rights, easements, and benefits
authorized by this section to be retained by or reserved to owners of
lands conveyed to the United States shall be subject to the tax laws of
the States where such lands are located.

(Mar. 20, 1922, ch. 105, Sec. 2, as added Feb. 28, 1925, ch. 375, 43
Stat. 1090.)

Transfer of Functions

Functions of Secretary of the Interior under this section and
section 485 of this title, with respect to exchanges of non-Federal
lands for national forest lands or timber, 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.

Application Extended

Act June 25, 1935, ch. 308, 49 Stat. 422, provided that this section
should be extended and made applicable to exchanges of lands under acts
Feb. 14, 1923, ch. 75, 42 Stat. 1245, and Feb. 7, 1929, ch. 160, 45
Stat. 1154, which authorize the United States to acquire privately owned
lands situated within certain townships in the Lincoln National Forest
in the State of New Mexico, by exchanging therefor an equal value of
unreserved and unappropriated public lands within said State.