§ 518. Acquisition of lands not defeated by rights-of-way, easements, and reservations

Statutory text

Such acquisition by the United States shall in no case be defeated because of located or defined rights of way, easements, and reservations, which, from their nature will, in the opinion of the Secretary of Agriculture, in no manner interfere with the use of the lands so encumbered, for the purposes of this Act. Such rights of way, easements, and reservations retained by the owner from whom the United States receives title, shall be subject to the rules and regulations prescribed by the Secretary of Agriculture for their occupation, use, operation, protection, and administration, and such rules and regulations shall be expressed in and made part of the written instrument conveying title to the lands to the United States; and the use, occupation, and operation of such rights of way, easements, and reservations shall be under, subject to, and in obedience with the rules and regulations so expressed.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1911
Pub. L. 61–186 § 9 · 36 Stat. 961
Enacted · 16 U.S.C. § 518
Mar. 1, 1911, ch. 186, § 9, 36 Stat. 962
Source evidence
Code source credit
Mar. 1, 1911, ch. 186, § 9, 36 Stat. 962
Enacted provision · exact public law section
Sec.9. That such acquisition may in any case be conditioned upon the exception and reservation to the owner from whom title passes Timber and mineral rights may be reserved. to the United States of the minerals and of the merchantable timber, or either or any part of them, within or upon such lands at the date of the conveyance, but in every case such exception and reservation and the time within which such timber shall be removed and the rules and regulations Regulations governing. under which the cutting and removal of such timber and the mining and removal of such minerals shall be done shall be expressed in the written instrument of conveyance, and thereafter the mining, cutting, and removal of the minerals and timber so excepted and reserved shall be done only under and in obedience to the rules and regulations so expressed.
1976
National Forest Management Act of 1976
Pub. L. 94–588 § 17(a)(5) · 90 Stat. 2949
Struck · 16 U.S.C. § 518
Pub. L. 94–588 struck out “the National Forest Reservation Commission and” after “in the opinion of”
Source evidence
Code amendment note
Pub. L. 94–588 struck out “the National Forest Reservation Commission and” after “in the opinion of”.
Enacted provision · exact public law section
(5) Section 9, as amended, is amended by striking out the following language in the first sentence: “the National Forest Reservation Commission and”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515 to 517a, 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.

Amendments1913–1976 · 2 rounds

1976

Pub. L. 94–588 struck out “the National Forest Reservation Commission and” after “in the opinion of”.

1913

Act Mar. 4, 1913, amended act Mar. 1, 1911, generally to provide that acquisition of lands under this section would not be defeated by rights of way, easements, and reservations retained by the owner from whom title is received.

Credits

1911–1976 · 3 acts

1911Mar. 1, 1911, ch. 186, § 9, 36 Stat. 962
1913Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 855
1976Pub. L. 94–588, § 17(a)(5), Oct. 22, 1976, 90 Stat. 2962.

Show as published

(Mar. 1, 1911, ch. 186, § 9, 36 Stat. 962; Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 855; Pub. L. 94–588, § 17(a)(5), Oct. 22, 1976, 90 Stat. 2962.)