§ 552a. Restoration of withdrawn national forest lands to appropriation

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.

1. 1940

   Pub. L. 76–220 § 1 · 54 Stat. 224

   Enacted · 16 U.S.C. § 552a

   May 28, 1940, ch. 220, § 1, 54 Stat. 224

   Source evidence

   Code source credit
   May 28, 1940, ch. 220, § 1, 54 Stat. 224

2. 1976

   Pub. L. 94–579 title VII § 704(a) · 90 Stat. 2743

   Struck · 16 U.S.C. § 552a

   Pub. L. 94–579 struck out everything preceding second proviso which read: “Whenever a municipality obtains its water supply from a national forest and has entered into a cooperative agreement with the Secretary of Agriculture for the protection of the watershed within the national forest from which the water is secured, the President of the United States may, and he is, authorized, upon application by said municipality, and endorsed by the governing board of the county or counties in which the lands concerned are located and approved by the Secretaries of Agriculture and the Interior, to reserve and set aside from all forms of location, entry, or appropriation any national-forest lands, which are covered by such cooperative agreement, subject, however, to valid, existing rights and claims, and such reservation shall remain in force until revoked by the President or by an Act of Congress: Provided, That nothing herein shall affect the power of the Secretary of the Interior to withdraw and utilize withdrawn lands under the Federal reclamation laws”

   Source evidence

   Code amendment note
   Pub. L. 94–579 struck out everything preceding second proviso which read: “Whenever a municipality obtains its water supply from a national forest and has entered into a cooperative agreement with the Secretary of Agriculture for the protection of the watershed within the national forest from which the water is secured, the President of the United States may, and he is, authorized, upon application by said municipality, and endorsed by the governing board of the county or counties in which the lands concerned are located and approved by the Secretaries of Agriculture and the Interior, to reserve and set aside from all forms of location, entry, or appropriation any national-forest lands, which are covered by such cooperative agreement, subject, however, to valid, existing rights and claims, and such reservation shall remain in force until revoked by the President or by an Act of Congress: Provided, That nothing herein shall affect the power of the Secretary of the Interior to withdraw and utilize withdrawn lands under the Federal reclamation laws”.

   Enacted provision · exact public law section
   (a) Effective on and after the date of approval of this Act, the implied authority of the President to make withdrawals and reservations resulting from acquiescence of the Congress (U.S. v. Midwest Oil Co., 236 U.S. 459) and the following statutes and parts of statutes are repealed; Act of Chapter Section Statute at Large 43 U.S. Code           Oct. 2, 1888 1069   25: 527 662. Only the following portion under the section beaded U.S. Geological Survey: The last sentence of the paragraph relating to investigation of irrigable lands in the arid region, including the proviso at the end thereof. Mar. 3, 1891 561 24 26:1103 16 U.S.C. 471. Mar. 1, 1893 183 21 27: 510 33 U.S.C. 681. Aug. 18, 1894   4 28: 422 641. Only that portion of the first sentence of the second paragraph beginning with “and the Secretary’ of the Interior” and ending with “shall not be approved.” May 14, 1898 299 10 30: 413 687a–4. Only the fifth proviso of the first paragraph.       June 17, 1902 1093 3 32: 388 416.   Apr. 16, 1906 1631 1 34:116 561. Only the words “withdraw from public entry any lands needed for townsite purposes”, and also after the word “case”, the word “and”. June 27, 1906 3559 4 34: 520 561. Only the words “withdraw and”         Mar. 15, 1910 96   36: 237 643. June 25, 1910 421 1, 2 36: 847 141, 142, 16 U.S.C. 471(a). All except the second and third provisos. June 25, 1910 431 13 36: 858 148. Mar. 12, 1914 37 1 38:305 975b. Only that portion which authorizes the President to withdraw, locate, and dispose of lands for townsites. Oct. 5, 1914 316   38: 727 569(a), June 9, 1916 137 2 39: 219   Under “Class One, only the wards “withdrawal and. Dec. 29, 1916. 9 10 39: 865 300. June 7, 1924 348 9 43:655 16 U.S.C. 471, Aug. 19, 1935 561 Sec. 4 49: 661 22 U.S.C. 277c. In “Sec. 4”. only paragraph “c” except the proviso thereof. Mar. 3, 1927 299 4 44:1347 25 U.S.C. 3BM. Only the proviso thereof.         May 24, 1928 729 4 45: 729 49 U.S.C. 214, Dec. 21, 1928 42 9 45: 1063 617h. Mar. 6, 1946 58   69: 36 617b. First sentence only.         June 16, 1934 557 “Sec. 40(a)” 48: 977. 30 U.S.C. 229a. The proviso only.         May 1, 1936 254 2 49:1250   May 31, 1938 304   52:593 25 U.S.C. 497. July 20, 1939 334   53:1071 16 U.S.C. 471b. May 28, 1940 220 1 54: 224. 16 U.S.C. 552a. All except the second proviso.         Apr. 11, 1956 203 8 70:110 620g. Only the words “and to withdraw public lands from entry or other disposition under the public land laws.” Aug. 10, 1956 Chapter 949 9772 70A: 588 10 U.S.C. 4472, 9772, Aug. 16, 1952 P.L. 87–590 4 76: 389 616c. Only the words “and to withdraw public lands from entry or other disposition under the public land laws.”

   Effective date note
   Section 704(a) of Pub. L. 94–579 provided in part that this section is amended effective on and after Oct. 21, 1976.

1 of 2 references resolved to an enrolled provision · 1 partial