Oregon and California Lands Act (43 U.S.C. 2601 )

43 U.S.C.
United States Code, 2018 Edition
Title 43 - PUBLIC LANDS
CHAPTER 44 - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS
SUBCHAPTER I - ADMINISTRATION
From the U.S. Government Publishing Office, www.gpo.gov

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 (39 Stat. 218), and February 26, 1919
(40 Stat. 1179), as amended, such portions of the revested Oregon and California Railroad and
reconveyed Coos Bay Wagon Road grant lands as are or may hereafter come under the jurisdiction of
the Department of the Interior, which have heretofore or may hereafter be classified as timberlands,
and power-site lands valuable for timber, shall be managed, except as provided in section 3 1 hereof,
for permanent forest production, and the timber thereon shall be sold, cut, and removed in
conformity with the principal 2 of sustained yield for the purpose of providing a permanent source of
timber supply, protecting watersheds, regulating stream flow, and contributing to the economic
stability of local communities and industries, and providing recreational facilties: 3 Provided, That
nothing in this section shall be construed to interfere with the use and development of power sites as
may be authorized by law.
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, 50 Stat. 874.)
R
T
Section 3, referred to in first par., is section 3 of act Aug. 28, 1937, ch. 876, title I, 50 Stat. 875, which was
classified to section 1181c of this title prior to repeal by Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90
Stat. 2787.
Acts of June 9, 1916, and February 26, 1919, referred to in text, are acts June 9, 1916, ch. 137, 39 Stat. 218
and Feb. 26, 1919, ch. 47, 40 Stat. 1179, respectively, which are not classified to the Code.
C
/

Section was formerly classified to section 1181a of this title prior to editorial reclassification and
renumbering as this section.
R
Act Aug. 28, 1937, ch. 876, title II (last par.), 50 Stat. 876, provided: "All Acts or parts of Acts in conflict
with this Act [enacting this subchapter and former section 1181c of this title] are hereby repealed to the extent
necessary to give full force and effect to this Act."
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 sections 2601 and 2602 of this title.
(Aug. 28, 1937, ch. 876, title I, §2, 50 Stat. 874.)
C
Section was formerly classified to section 1181b of this title prior to editorial reclassification and
renumbering as this section.

§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 section 2601 of this title: Provided, That all the
moneys received on account of grazing leases shall be covered either into the "Oregon and California
land-grant fund" or the "Coos Bay Wagon Road grant fund" in the Treasury as the location of the
leased lands shall determine, and be subject to distribution as other moneys in such funds: Provided
further, That the Secretary is also authorized to formulate rules and regulations for the use,
protection, improvement, and rehabilitation of such grazing lands.
(Aug. 28, 1937, ch. 876, title I, §4, 50 Stat. 875.)
R
T
This subchapter, referred to in text, was in the original "this Act", meaning act Aug. 28, 1937, ch. 876, 50
Stat. 874, which is classified principally to this subchapter. For complete classification of this Act to the Code,
see Tables.
C
Section was formerly classified to section 1181d of this title prior to editorial reclassification and
renumbering as this section.

§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, 50 Stat. 875.)
R
T
This subchapter, referred to in text, was in the original "this Act", meaning act Aug. 28, 1937, ch. 876, 50
Stat. 874, which is classified principally to this subchapter. For complete classification of this Act to the Code,
see Tables.
C
Section was formerly classified to section 1181e of this title prior to editorial reclassification and
renumbering as this section.

§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 (39
Stat. 218), are situated, to be payable on or after June 30, 1938, and each year thereafter to each of
said counties in the proportion that the total assessed value of the Oregon and California grant lands
in each of said counties for the year 1915 bears to the total assessed value of all of said lands in the
State of Oregon for said year, such moneys to be used as other county funds: Provided, however,
That for the purposes of this subsection the portion of the said revested Oregon and California
railroad grant lands in each of said counties which was not assessed for the year 1915 shall be
deemed to have been assessed at the average assessed value of the grant lands in said county.
(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 (44 Stat.
915), and which taxes are unpaid on said date, such moneys to be paid to said counties severally by
the Secretary of the Treasury of the United States, upon certification by the Secretary of the Interior,
until such tax indebtedness as shall have accrued prior to March 1, 1938, is extinguished.
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 threefifths 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, 50 Stat. 875; June 24, 1954, ch. 357, §1(b), 68 Stat. 271; Pub. L. 94–
273, §2(28), Apr. 21, 1976, 90 Stat. 376.)
R
T
Act of June 9, 1916, referred to in subsec. (a), is act June 9, 1916, ch. 137, 39 Stat. 218, which is not
classified to the Code.
Act of July 13, 1926 (44 Stat. 915), Forty-fourth Statutes, page 915, and said Act, referred to in subsec. (b),
mean act July 13, 1926, ch. 897, 44 Stat. 915, which is not classified to the Code.
This subchapter, referred to in subsec. (c), was in the original "this Act", meaning act Aug. 28, 1937, ch.
876, 50 Stat. 874, which is classified principally to this subchapter. For complete classification of this Act to
the Code, see Tables.
C
Section was formerly classified to section 1181f of this title prior to editorial reclassification and
renumbering as this section.
Section comprises all of title II of act Aug. 28, 1937, except the last par. which is set out as a Repeals note
under section 2601 of this title.
A
1976—Subsec. (b). Pub. L. 94–273 substituted "September" for "June".
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 (39 Stat. 218, chapter 137), and
the Coos Bay Wagon Road grant land reconveyed to the United States by the first section of the Act
of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937
(43 U.S.C. 2601 et seq.), the Secretary of the Interior, acting through the Director of the Bureau of
Land Management, shall not be required to engage in consultation under any law (including section 7
of Public Law 93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations
(or a successor regulation)), with respect to—
(1) the listing of a species as threatened or endangered, or a designation of critical habitat,
pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), if a land use plan has been adopted by
the Secretary of the Interior as of the date of listing or designation; and
(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 Public Law 93–205
(16 U.S.C. 1531 et seq.), including any requirement to consult regarding the consideration of the
cumulative impacts of completed, ongoing, and planned projects; or
(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.
(Pub. L. 115–141, div. O, title II, §209, Mar. 23, 2018, 132 Stat. 1067.)
R
T
Acts of June 9, 1916, and February 26, 1919, referred to in subsec. (a), are acts June 9, 1916, ch. 137, 39
Stat. 218, and Feb. 26, 1919, ch. 47, 40 Stat. 1179, respectively, which are not classified to the Code.
The Act of August 28, 1937, referred to in subsec. (a), is act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is
classified principally to this subchapter. For complete classification of this Act to the Code, see Tables.

/

Public Law 93–205, referred to in subsecs. (a)(1) and (b)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
known as the Endangered Species Act of 1973, which is classified principally to chapter 35 (§1531 et seq.) of
Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under
section 1531 of Title 16 and Tables.
C
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.

/