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Volume 49 · 1818

Public Law 74–701

To withdraw certain public lands from settlement and entry.

Approved June 22, 1936

Statutory text

AN ACT

To withdraw certain public lands from settlement and entry.

Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled,

That the public lands of the United States within the boundaries hereinafter described are hereby withdrawn from settlement, location, sale, and entry under the public land laws of the United States for a local park, recreational purposes, and for securing favorable conditions of water flows subject to and with a reservation of the right of the United States or its permittees or licensees, upon payment only for damages to improvements made by the Board of Supervisors of Butte County, California, to enter upon, occupy, and use any part or all thereof necessary, in the judgment of the Federal Power Commission, for the purposes of the Federal Water Power Act. The lands herein referred to are located in the State of California and more particularly bounded and described as follows:

Description.

The east half section 32, township 20 north, range 5 east, Mount Diablo base and meridian, containing three hundred and twenty

Provisos.

Enforcement of local, police, etc., rules and regulations.

acres: Provided, That the Board of Supervisors of Butte County, in which said lands are located, shall make and enforce all such local, police, sanitary, and other rules and regulations, not inconsistent with the rights of the United States therein, as may be necessary for the preservation and use of said lands by the public as a local public park and recreation ground and for the preservation of animal life thereon, for the preservation of order thereon, and for the purpose of securing favorable conditions of water flows therefrom, including the right to construct roads and trails thereon and a conduit or ditch for conveying water for the public-park uses

Existing lawful rights not affected.

in immediate connection therewith: Provided further, That this Act shall not defeat or affect any lawful right which has already attached

Discretionary restoration of any lands to settlement.

under the public land or mining laws: Provided further, That the Secretary of the Interior may, when in his judgment the public interest would be best served thereby, restore any of said lands to settlement, location, sale, or entry, subject to and with a reservation of the right of the United States or its permittees or licensees, upon payment only for damages to improvements made by said Board of Supervisors, to enter upon, occupy, and use any part or all of such land necessary, in the judgment of the Federal Power Commission, for the purposes of the Federal Water Power Act, which right shall be expressly reserved in every patent issued for such lands.

Approved, June 22, 1936.

Parsed from the official Statutes at Large USLM XML in 49.xml