43 U.S.C. 299 and 301

USCODE-2014-title43-chap7-subchapX-sec299&301.pdf

Recordation of Location Notices and Mining Claims; Payment of Fees (43 CFR 3832-3838)

43 U.S.C. 299 and 301

OMB: 1004-0114

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Page 43

§ 299

TITLE 43—PUBLIC LANDS

§ 1, 61 Stat. 123; June 18, 1954, ch. 306, § 1(a), (b), 68 Stat.
253, set forth preference rights of entry of World War II
or Korean conflict veterans.
Section 280, acts Sept. 27, 1944, ch. 421, § 2, 58 Stat. 748;
May 31, 1947, ch. 88, § 2, 61 Stat. 123, related to rights of
dependents of World War II or Korean conflict veterans.
Section 281, act Sept. 27, 1944, ch. 421, § 3, 58 Stat. 748,
related to death of World War II or Korean conflict veteran as affecting patent rights of minor children.
Section 282, acts Sept. 27, 1944, ch. 421, § 4, 58 Stat. 748;
May 31, 1947, ch. 88, § 3, 61 Stat. 124; June 18, 1954, ch.
306, § 1(c), 68 Stat. 254, related to rights of World War II
or Korean conflict veteran on revocation of withdrawal
order.
Section 283, acts Sept. 27, 1944, ch. 421, § 6, formerly
§ 5, 58 Stat. 748, renumbered § 6, June 3, 1948, ch. 399, 62
Stat. 305, related to promulgation of rules and regulations respecting preference right of entry of World War
II or Korean conflict veteran.
Section 284, act Sept. 27, 1944, ch. 421, § 5, as added
June 3, 1948, ch. 399, 62 Stat. 305, defined ‘‘homestead’’
for purposes of preference right of entry of World War
II or Korean conflict veteran.
EFFECTIVE DATE OF REPEAL
Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat.
2787, provided that the repeal made by section 702 is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead
laws apply to public lands in Alaska.
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 X—STOCK-RAISING
HOMESTEAD
§§ 291 to 298. Repealed. Pub. L. 94–579, title VII,
§ 702, Oct. 21, 1976, 90 Stat. 2787
Section 291, acts Dec. 29, 1916, ch. 9, § 1, 39 Stat. 862;
Feb. 28, 1931, ch. 328, 46 Stat. 1454; June 9, 1933, ch. 53,
48 Stat. 119, related to entry on unappropriated, unreserved lands, and lands excepted from entry.
Section 292, acts Dec. 29, 1916, ch. 9, § 2, 39 Stat. 862;
Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; June 6, 1924, ch.
274, 43 Stat. 469; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946
Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, related to designation of lands subject to
entry, and application thereof.
Section 293, acts Dec. 29, 1916, ch. 9, § 3, 39 Stat. 863;
Oct. 25, 1918, ch. 195, 40 Stat. 1016, related to persons entitled to make entries and effect of entries.
Section 294, acts Dec. 29, 1916, ch. 9, § 4, 39 Stat. 863;
Sept. 29, 1919, ch. 63, 41 Stat. 287, related to additional
entries and amount of entry.
Section 295, acts Dec. 29, 1916, ch. 9, § 5, 39 Stat. 863;
Sept. 29, 1919, ch. 63, 41 Stat. 287, related to persons entitled to make additional entries.
Section 296, act Dec. 29, 1916, ch. 9, § 6, 39 Stat. 863, related to heads of families, etc., and relinquishment or
reconveyance of land.
Section 297, act Dec. 29, 1916, ch. 9, § 7, 39 Stat. 864, related to applicability of commutation provisions to entries.
Section 298, act Dec. 29, 1916, ch. 9, § 8, 39 Stat. 864, set
forth provisions relating to additional entries and preferential rights.
EFFECTIVE DATE OF REPEAL
Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat.
2787, provided that the repeal made by section 702 is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead
laws apply to public lands in Alaska.

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.

§ 299. Reservation of coal and mineral rights
(a) General provisions
All entries made and patents issued under the
provisions of this subchapter shall be subject to
and contain a reservation to the United States
of all the coal and other minerals in the lands so
entered and patented, together with the right to
prospect for, mine, and remove the same. The
coal and other mineral deposits in such lands
shall be subject to disposal by the United States
in accordance with the provisions of the coal
and mineral land laws in force at the time of
such disposal. Any person qualified to locate and
enter the coal or other mineral deposits, or having the right to mine and remove the same
under the laws of the United States, shall have
the right at all times to enter upon the lands entered or patented, as provided by this subchapter, for the purpose of prospecting for coal
or other mineral therein, provided he shall not
injure, damage, or destroy the permanent improvements of the entryman or patentee, and
shall be liable to and shall compensate the
entryman or patentee for all damages to the
crops on such lands by reason of such prospecting. Any person who has acquired from the
United States the coal or other mineral deposits
in any such land, or the right to mine and remove the same, may reenter and occupy so
much of the surface thereof as may be required
for all purposes reasonably incident to the mining or removal of the coal or other minerals,
first, upon securing the written consent or waiver of the homestead entryman or patentee; second, upon payment of the damages to crops or
other tangible improvements to the owner
thereof, where agreement may be had as to the
amount thereof; or, third, in lieu of either of the
foregoing provisions, upon the execution of a
good and sufficient bond or undertaking to the
United States for the use and benefit of the
entryman or owner of the land, to secure the
payment of such damages to the crops or tangible improvements of the entryman or owner,
as may be determined and fixed in an action
brought upon the bond or undertaking in a court
of competent jurisdiction against the principal
and sureties thereon, such bond or undertaking
to be in form and in accordance with rules and
regulations prescribed by the Secretary of the
Interior and to be filed with and approved by the
officer designated by the Secretary of the Interior of the local land office of the district wherein the land is situate, subject to appeal to the
Secretary of the Interior or such officer as he
may designate: Provided, That all patents issued
for the coal or other mineral deposits herein reserved shall contain appropriate notations declaring them to be subject to the provisions of
this subchapter with reference to the disposition, occupancy, and use of the land as permitted to an entryman under this subchapter.

§ 299

TITLE 43—PUBLIC LANDS

(b) Exploration; location of mining claims; notices
(1) In general
(A) Notwithstanding subsection (a) of this
section and any other provision of law to the
contrary, after the effective date of this subsection no person other than the surface owner
may enter lands subject to this subchapter to
explore for, or to locate, a mining claim on
such lands without—
(i) filing a notice of intention to locate a
mining claim pursuant to paragraph (2); and
(ii) providing notice to the surface owner
pursuant to paragraph (3).
(B) Any person who has complied with the
requirements referred to in subparagraph (A)
may, during the authorized exploration period,
in order to locate a mining claim, enter lands
subject to this subchapter to undertake mineral activities related to exploration that
cause no more than a minimal disturbance of
surface resources and do not involve the use of
mechanized earthmoving equipment, explosives, the construction of roads, drill pads, or
the use of toxic or hazardous materials.
(C) The authorized exploration period referred to in subparagraph (B) shall begin 30
days after notice is provided under paragraph
(3) with respect to lands subject to such notice
and shall end with the expiration of the 90-day
period referred to in paragraph (2)(A) or any
extension provided under paragraph (2).
(2) Notice of intention to locate a mining claim
Any person seeking to locate a mining claim
on lands subject to this subchapter in order to
engage in the mineral activities relating to exploration referred to under paragraph (1)(B)
shall file with the Secretary of the Interior a
notice of intention to locate a claim on the
lands concerned. The notice shall be in such
form as the Secretary shall prescribe. The notice shall contain the name and mailing address of the person filing the notice and a legal
description of the lands to which the notice
applies. The legal description shall be based on
the public land survey or on such other description as is sufficient to permit the Secretary to record the notice on the land status
records of the Secretary. Whenever any person
has filed a notice under this paragraph with
respect to any lands, during the 90-day period
following the date of such filing, or any extension thereof pursuant to this paragraph, no
other person (including the surface owner)
may—
(A) file such a notice with respect to any
portions of such lands;
(B) explore for minerals or locate a mining
claim on any portion of such lands; or
(C) file an application to acquire any interest in any portion of such lands pursuant to
section 1719 of this title.
If, within such 90-day period, the person who
filed a notice under this paragraph files a plan
of operations with the Secretary pursuant to
subsection (f) of this section, such 90-day period shall be extended until the approval or
disapproval of the plan by the Secretary pursuant to subsection (f) of this section.

Page 44

(3) Notice to surface owner
Any person who has filed a notice of intention to locate a mining claim under paragraph
(2) for any lands subject to this subchapter
shall provide written notice of such filing, by
registered or certified mail with return receipt, to the surface owner (as evidenced by
local tax records) of the lands covered by the
notice under paragraph (2). The notice shall be
provided at least 30 days before entering such
lands and shall contain each of the following:
(A) A brief description of the proposed
mineral activities.
(B) A map and legal description of the
lands to be subject to mineral exploration.
(C) The name, address and phone number
of the person managing such activities.
(D) A statement of the dates on which such
activities will take place.
(4) Acreage limitations
The total acreage covered at any time by notices of intention to locate a mining claim
under paragraph (2) filed by any person and by
affiliates of such person may not exceed 6,400
acres of lands subject to this subchapter in
any one State and 1,280 acres of such lands for
a single surface owner. For purposes of this
paragraph, the term ‘‘affiliate’’ means, with
respect to any person, any other person which
controls, is controlled by, or is under common
control with, such person.
(c) Consent
Notwithstanding subsection (a) of this section
and any other provision of law, after the effective date of this subsection no person may engage in the conduct of mineral activities (other
than those relating to exploration referred to in
subsection (b)(1)B) 1 of this section) on a mining
claim located on lands subject to this subchapter without the written consent of the surface owner thereof unless the Secretary has authorized the conduct of such activities under
subsection (d) of this section.
(d) Authorized mineral activities
The Secretary shall authorize a person to conduct mineral activities (other than those relating to exploration referred to in subsection
(b)(1)(B) of this section) on lands subject to this
subchapter without the consent of the surface
owner thereof if such person complies with the
requirements of subsections (e) and (f) of this
section.
(e) Bond
(1) Before the Secretary may authorize any
person to conduct mineral activities the Secretary shall require such person to post a bond
or other financial guarantee in an amount to insure the completion of reclamation pursuant to
this subchapter. Such bond or other financial
guarantee shall ensure—
(A) payment to the surface owner, after the
completion of such mineral activities and reclamation, compensation for any permanent
damages to crops and tangible improvements
of the surface owner that resulted from mineral activities; and
1 So

in original. Probably should be subsection ‘‘(b)(1)(B)’’.

Page 45

TITLE 43—PUBLIC LANDS

(B) payment to the surface owner of compensation for any permanent loss of income of
the surface owner due to loss or impairment of
grazing, or other uses of the land by the surface owner to the extent that reclamation required by the plan of operations would not permit such uses to continue at the level existing
prior to the commencement of mineral activities.
(2) In determining the bond amount to cover
permanent loss of income under paragraph
(1)(B), the Secretary shall consider, where appropriate, the potential loss of value due to the
estimated permanent reduction in utilization of
the land.
(f) Plan of operations
(1) Before the Secretary may authorize any
person to conduct mineral activities on lands
subject to this subchapter, the Secretary shall
require such person to submit a plan of operations. Such plan shall include procedures for—
(A) the minimization of damages to crops
and tangible improvements of the surface
owner;
(B) the minimization of disruption to grazing or other uses of the land by the surface
owner; and
(C) payment of a fee for the use of surface
during mineral activities equivalent to the
loss of income to the ranch operation as established pursuant to subsection (g) of this section.
(2) The Secretary shall provide a copy of the
proposed plan of operations to the surface owner
at least 45 days prior to the date the Secretary
makes a determination as to whether such plan
complies with the requirements of this subsection. During such 45-day period the surface
owner may submit comments and recommend
modifications to the proposed plan of operations
to the Secretary.
(3)(A) The Secretary shall, within 60 days of
receipt of the plan, approve the plan of operations if it complies with the requirements of
this subchapter, including each of the following:
(i) The proposed plan of operations is complete and accurate.
(ii) The person submitting the proposed plan
of operations has demonstrated that all other
applicable Federal and State requirements
have been met.
(B) The Secretary shall notify the person submitting a plan of operations of any modifications to such plan required to bring it into compliance with the requirements of this subchapter. If the person submitting the plan
agrees to modify such plan in a manner acceptable to the Secretary, the Secretary shall approve the plan as modified. In the event no
agreement can be reached on the modifications
to the plan which, in the opinion of the Secretary, will bring such plan into compliance
with the requirements of this subchapter, then
the Secretary shall disapprove the plan and notify both the surface owner and the person submitting the plan of the decision.
(C) The 60-day period referred to in subparagraph (A) may be extended by the Secretary
where additional time is required to comply
with other applicable requirements of law.

§ 299

(D) The Secretary shall suspend or revoke a
plan of operation whenever the Secretary determines, on the Secretary’s own motion or on a
motion made by the surface owner, that the person conducting mineral activities is in substantial noncompliance with the terms and conditions of an approved plan of operations and has
failed to remedy a violation after notice from
the Secretary within the time required by the
Secretary.
(4) Final approval of a plan of operations
under this subsection shall be conditioned upon
compliance with subsections (e) and (g) of this
section.
(g) Fee
The fee referred to in subsection (f)(1) of this
section shall be—
(1) paid to the surface owner by the person
submitting the plan of operations;
(2) paid in advance of any mineral activities
or at such other time or times as may be
agreed to by the surface owner and the person
conducting such activities; and
(3) established by the Secretary taking into
account the acreage involved and the degree of
potential disruption to existing surface uses
during mineral activities (including the loss of
income to the surface owner and such surface
owner’s operations due to the loss or impairment of existing surface uses for the duration
of the mineral activities), except that such fee
shall not exceed the fair market value for the
surface of the land.
(h) Reclamation
Lands affected by mineral activities under a
plan of operations approved pursuant to subsection (f)(3) of this section shall be reclaimed,
to the maximum extent practicable, to a condition capable of supporting the uses to which
such lands were capable of supporting prior to
surface disturbance. Reclamation shall proceed
as contemporaneously as practicable with the
conduct of mineral activities.
(i) State law
(1) Nothing in this subchapter shall be construed as affecting any reclamation, bonding, inspection, enforcement, air or water quality
standard or requirement of any State law or regulation which may be applicable to mineral activities on lands subject to this subchapter to
the extent that such law or regulation is not inconsistent with this title.2
(2) Nothing in this subchapter shall be construed as affecting in any way the right of any
person to enforce or protect, under applicable
law, the interest of such person in water resources affected by mineral activities.
(j) Inspections
Should any surface owner of land subject to
this subchapter have reason to believe that they
are or may be adversely affected by mineral activities due to any violation of the terms and
conditions of a plan of operations approved
under subsection (f) of this section, such surface
owner may request an inspection of such lands.
The Secretary shall determine within 10 days of
2 See

References in Text note below.

§ 299

TITLE 43—PUBLIC LANDS

the receipt of the request whether the request
states a reason to believe that a violation exists,
except in the event the surface owner alleges
and provides reason to believe that an imminent
danger exists, the 10-day period shall be waived
and the inspection conducted immediately.
When an inspection is conducted under this
paragraph, the Secretary shall notify the surface owner and such surface owner shall be allowed to accompany the inspector on the inspection.
(k) Damages for failure to comply
(1) Whenever the surface owner of any land
subject to this subchapter has suffered any permanent damages to crops or tangible improvements of the surface owner, or any permanent
loss of income due to loss or impairment of grazing, or other uses of the land by the surface
owner, if such damages or loss result from—
(A) any mineral activity undertaken without the consent of the surface owner under
subsection (c) of this section or an authorization by the Secretary under subsection (d) of
this section; or
(B) the failure of the person conducting mineral activities to remedy to the satisfaction of
the Secretary any substantial noncompliance
with the terms and conditions of a plan under
subsection (f) of this section;
the surface owner may bring an action in the appropriate United States district court for, and
the court may award, double damages plus costs
for willful misconduct or gross negligence.
(2) The surface owner of any land subject to
this subchapter may also bring an action in the
appropriate United States district court for double damages plus costs for willful misconduct or
gross negligence against any person undertaking
any mineral activities on lands subject to this
subchapter in violation of any requirement of
subsection (b) of this section.
(3) Any double damages plus costs awarded by
the court under this subsection shall be reduced
by the amount of any compensation which the
surface owner has received (or is eligible to receive) pursuant to the bond or financial guarantee required under subsection (e) of this section.
(l) Payment of financial guarantee
The surface owner of any land subject to this
subchapter may petition the Secretary for payment of all or any portion of a bond or other financial guarantee required under subsection (e)
of this section as compensation for any permanent damages to crops and tangible improvements of the surface owner, or any permanent
loss of income due to loss or impairment of grazing, or other uses of the land by the surface
owner. Pursuant to such a petition, the Secretary may use such bond or other guarantee to
provide compensation to the surface owner for
such damages and to insure the required reclamation.
(m) Bond release
The Secretary shall release the bond or other
financial guarantee required under subsection
(e) of this section upon the successful completion of all requirements pursuant to a plan of
operations approved under subsection (f) of this
section.

Page 46

(n) Conveyance to surface owner
The Secretary shall take such actions as may
be necessary to simplify the procedures which
must be complied with by surface owners of
lands subject to this subchapter who apply to
the Secretary to obtain title to interests in such
lands owned by the United States.
(o) Definitions
For the purposes of subsections (b) through (n)
of this section—
(1) The term ‘‘mineral activities’’ means any
activity for, related to or incidental to mineral exploration, mining, and beneficiation activities for any locatable mineral on a mining
claim. When used with respect to this term—
(A) the term ‘‘exploration’’ means those
techniques employed to locate the presence
of a locatable mineral deposit and to establish its nature, position, size, shape, grade
and value;
(B) the term ‘‘mining’’ means the processes employed for the extraction of a locatable mineral from the earth; and
(C) the term ‘‘beneficiation’’ means the
crushing and grinding of locatable mineral
ore and such processes are employed to free
the mineral from the other constituents, including but not necessarily limited to, physical and chemical separation techniques.
(2) The term ‘‘mining claim’’ means a claim
located under the general mining laws of the
United States (which generally comprise 30
U.S.C. chapters 2, 12A, and 16, and sections 161
and 162) subject to the terms and conditions of
subsections (b) through (p) of this section.
(3) The term ‘‘tangible improvements’’ includes agricultural, residential and commercial improvements, including improvements
made by residential subdividers.
(p) Minerals covered
Subsections (b) through (o) of this section
apply only to minerals not subject to disposition
under—
(1) the Mineral Leasing Act (30 U.S.C. 181
and following);
(2) the Geothermal Steam Act of 1970 [30
U.S.C. 1001 et seq.]; or
(3) the Act of July 31, 1947, commonly known
as the Materials Act of 1947 (30 U.S.C. 601 and
following).
(Dec. 29, 1916, ch. 9, § 9, 39 Stat. 864; Oct. 28, 1921,
ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43
Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 103–23,
§ 1(a), (b), Apr. 16, 1993, 107 Stat. 60, 65.)
REFERENCES IN TEXT
The effective date of this subsection, referred to in
subsecs. (b)(1)(A) and (c), is the date 180 days after Apr.
16, 1993.
This title, referred to in subsec. (i)(1), is unidentifiable because act Dec. 29, 1916, does not contain titles.
The Mineral Leasing Act, referred to in subsec. (p)(1),
is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended,
which is classified generally to chapter 3A (§ 181 et seq.)
of Title 30, Mineral Lands and Mining. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of Title 30 and Tables.
The Geothermal Steam Act of 1970, referred to in subsec. (p)(2), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566,

Page 47

§§ 311 to 313

TITLE 43—PUBLIC LANDS

as amended, which is classified principally to chapter
23 (§ 1001 et seq.) of Title 30. For complete classification
of this Act to the Code, see Short Title note set out
under section 1001 of Title 30 and Tables.
The Materials Act of 1947, referred to in subsec. (p)(3),
is act July 31, 1947, ch. 406, 61 Stat. 681, as amended,
which is classified generally to subchapter I (§ 601 et
seq.) of chapter 15 of Title 30. For complete classification of this Act to the Code, see Short Title note set
out under section 601 of Title 30 and Tables.
AMENDMENTS
1993—Pub. L. 103–23 designated existing provisions as
subsec. (a), inserted heading, and added subsecs. (b) to
(p).
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–23, § 1(c), Apr. 16, 1993, 107 Stat. 65, provided that: ‘‘The amendments made by this Act
[amending this section] shall take effect 180 days after
the date of enactment [Apr. 16, 1993].’’

mony with the provisions and purposes of this
subchapter for the purpose of carrying the same
into effect.
(Dec. 29, 1916, ch. 9, § 11, 39 Stat. 865.)
§ 302. Repealed. Pub. L. 94–579, title VII, § 702,
Oct. 21, 1976, 90 Stat. 2787
Section, act Mar. 4, 1923, ch. 245, § 2, 42 Stat. 1445, related to additional entries, and lands in national forests.
EFFECTIVE DATE OF REPEAL
Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat.
2787, provided that the repeal made by section 702 is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead
laws apply to public lands in Alaska.
SAVINGS PROVISION

REGULATIONS
Pub. L. 103–23, § 1(d), Apr. 16, 1993, 107 Stat. 65, provided that: ‘‘The Secretary of the Interior shall issue
final regulations to implement the amendments made
by this Act [amending this section] not later than the
effective date of this Act [see Effective Date of 1993
Amendment note above]. Failure to promulgate these
regulations by reason of any appeal or judicial review
shall not delay the effective date as specified in paragraph (c).’’

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.

TRANSFER OF FUNCTIONS

Section 311, acts June 3, 1878, ch. 151, § 1, 20 Stat. 89;
Aug. 4, 1892, ch. 375, § 2, 27 Stat. 348; May 18, 1898, ch.
344, § 1, 30 Stat. 418, authorized sale of public lands valuable chiefly for timber or stone.
Section 312, acts June 3, 1878, ch. 151, § 2, 20 Stat. 89;
Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462,
43 Stat. 1145, provided for applications for purchase of
timber and stone lands.
Section 313, act June 3, 1878, ch. 151, § 3, 20 Stat. 90,
provided for publication of applications to purchase
timber and stone lands, patent and entry.

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, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ‘‘officer designated by the Secretary of the Interior’’ substituted for ‘‘register’’ and ‘‘Secretary of the
Interior or such officer as he may designate’’ substituted for ‘‘Commissioner of the 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.
Act Mar. 3, 1925, abolished office of surveyor general
and transferred administration of all activities in
charge of surveyors general to Field Surveying Service
under jurisdiction of United States Supervisor of Surveys.

CHAPTER 8—TIMBER AND STONE LANDS
§§ 311 to 313. Repealed. Aug. 1, 1955, ch. 448, 69
Stat. 434

EXISTING RIGHTS AND CLAIMS
Act Aug. 1, 1955, ch. 448, 69 Stat. 434, provided that the
repeal of sections 311 to 313 is subject to valid existing
rights and claims.

CHAPTER 8A—GRAZING LANDS
SUBCHAPTER I—GENERALLY

REPORT TO CONGRESS ON FOREIGN MINERAL INTERESTS
Section 2 of Pub. L. 103–23 directed Secretary of the
Interior to submit report to Congress within 2 years
after Apr. 16, 1993, on acquisition of mineral interests
made after such date by foreign firms on lands subject
to this section.

§ 300. Repealed. Pub. L. 94–579, title VII, § 704(a),
Oct. 21, 1976, 90 Stat. 2792
Section, acts Dec. 29, 1916, ch. 9, § 10, 39 Stat. 865; Jan.
29, 1929, ch. 114, 45 Stat. 1144, set forth provisions authorizing reservation of land containing water holes.
EFFECTIVE DATE OF REPEAL
Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat.
2792, provided that the repeal made by section 704(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.

§ 301. Rules and regulations
The Secretary of the Interior is authorized to
make all necessary rules and regulations in har-

Sec.

315.

Grazing districts; establishment; restrictions;
prior rights; rights-of-way; hearing and notice; hunting or fishing rights.
315a.
Protection, administration, regulation, and
improvement of districts; rules and regulations; study of erosion and flood control; offenses.
315b.
Grazing permits; fees; vested water rights;
permits not to create right in land.
315c.
Fences, wells, reservoirs, and other improvements; construction; permits; partition
fences.
315d.
Grazing stock for domestic purposes; use of
natural resources.
315e.
Rights of way; development of mineral resources.
315f.
Homestead entry within district or withdrawn lands; classification; preferences.
315g, 315g–1. Repealed.
315h.
Cooperation with associations, land officials,
and agencies engaged in conservation or
propagation of wildlife; local hearings on
appeals; acceptance and use of contributions.
315i.
Disposition of moneys received; availability
for improvements.


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