Page:United States Statutes at Large Volume 49 Part 1.djvu/2022

 74 TH C ONGRESS. SESS. II. CH. 842. JUNE 26, 1936 . ``(b) When public interests will be benefited thereby the Secretary is authorized to accept on behalf of the United States title to any privately owned lands within or without the boundaries of a grazing district, and in exchange therefor to issue patent for not to exceed an equal value of surveyed grazing district land or of unreserved surveye d public land in the same Stat e or within a distance of not more than fifty miles within the adjoining State nearest the base lands. "(c ) Upon application of any State to exchange lands within or without the boundaries of a grazing district the Secretary of the Interior shall, and is hereby, directed to proceed with such exchange at the earliest practicable date and to cooperate fully with the State to that end, but no State shall be permitted to select lieu lands in another State . The Secretary of the Interior shall accept on behalf of the United States title to any State-owned lands within or without the boundaries of a grazing district, and in exchange therefor issue patent to surveyed grazing district l and not otherwise reserved or ap propri ated o r unap propri ated a nd unr eserve d surv eyed p ublic land ; and in making such exchange the Secretary is authorized to patent to such State, land either of equal value or of equal acreage Provided, That no State shall select public lands in a grazing dis- trict in furtherance of any exchange unless the lands offered by the State in such exchange lie within such grazing district and the selected lands lie in a reasonably compact body which is so located as not to interfere with the administration or value of the remain- ing land in such district for grazing purposes as set forth in this Act. "When an exchange is based on lands of equal acreage and the selected lands are mineral in character, the patent thereto shall contain a reservation of all m inerals to the United States making exchanges of equal acreage the Secretary of the Interior is authorized to accept title to offered lands which are mineral in character, with a mineral reservation to the State . "Fo r the purpo se of effect ing ex chang es bas ed on lands of eq ual acreage the identification and area of unsurveyed school sections may be determined by protraction or otherwise, The selection by the State of lands in lieu of any such protracted school sections shall be a waiver of all of its right to such sections. "(d ) Before any such exchange under this section shall be effected, notice of the contemplated exchange, describing the lands involved, shall be published by the Secr etary of the Interior once eac h week for four successive weeks in s ome newspaper of general circu lation in the county or counties in w hich may be situated the lands to be accepted, and in the same manner in some like newspaper published in any county in which may be situated any lands to be given in such exchange ; la nds conveyed to the United Sta tes under this Act shall, upon acceptance of title, become public lands, and if located within the exterior boundaries of a grazing district they shall become a part of the district within the boundaries of which they are located : Provided, That either party to an exc hange based upon equal value under this section may make reservations of minerals, easements, or rights of use. Where reservations are made in lands conveyed either to or by the U nited States the right to enjo y them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed neces- sar y . Where mineral reservations are made by the grantor in lands convey ed by the U nited State s, it shall be s o stip ulate d in the pa tent, and any person who prospects f or or acquires the right to mi ne and remove the reserved mineral deposits may enter and occupy so much 1977 Exchanges for pri- vately owned lands. Exch ange of lands upon application of a State. Proviso. Restr iction on selec- tion. Mineral lands. Exchanges of, with a mineral reservation . Determination of ident ificati on and area of school sections in effec ting ex changes. Notice of contem- plated exchange, pub- lication of. Lands conveyed to United States to be public lands. Proviso. Reservations of min- erals, etc., by either par- ty . Ingress, egress, and use of surface of land . Miners, right to enter and use surf ace for min ing purposes.
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