
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC154]

 
                         TITLE 43--PUBLIC LANDS
 
     CHAPTER 6--WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY
 
Sec. 154. Vacation of withdrawals under reclamation law; lands 
        valuable for minerals; reservation of rights, ways, and 
        easements; rules and regulations
        
    Where public lands of the United States have been withdrawn for 
possible use for construction purposes under the Federal reclamation 
laws, and are known or believed to be valuable for minerals and would, 
if not so withdrawn, be subject to location and patent under the general 
mining laws, the Secretary of the Interior, when in his opinion the 
rights of the United States will not be prejudiced thereby, may, in his 
discretion, open the land to location, entry, and patent under the 
general mining laws, reserving such ways, rights, and easements over or 
to such lands as may be prescribed by him and as may be deemed necessary 
or appropriate, including the right to take and remove from such lands 
construction materials for use in the construction of irrigation works, 
and/or the said Secretary may require the execution of a contract by the 
intending locator or entryman as a condition precedent to the vesting of 
any rights in him, when in the opinion of the Secretary same may be 
necessary for the protection of the irrigation interests. Such 
reservations or contract rights may be in favor of the United States or 
irrigation concerns cooperating or contracting with the United States 
and operating in the vicinity of such lands. The Secretary may prescribe 
the form of such contract which shall be executed and acknowledged and 
recorded in the county records and United States local land office by 
any locator or entryman of such land before any rights in their favor 
attach thereto, and the locator or entryman executing such contract 
shall undertake such indemnifying covenants and shall grant such rights 
over such lands as in the opinion of the Secretary may be necessary for 
the protection of Federal or private irrigation in the vicinity. Notice 
of such reservation or of the necessity of executing such prescribed 
contract shall be filed in the Bureau of Land Management and in the 
appropriate local land office, and notations thereof shall be made upon 
the appropriate tract books, and any location or entry thereafter made 
upon or for such lands, and any patent therefor shall be subject to the 
terms of such contract and/or to such reserved ways, rights, or 
easements and such entry or patent shall contain a reference thereto.
    The Secretary of the Interior may prescribe such rules and 
regulations as may be necessary to enable him to enforce the provisions 
of this section.

(Apr. 23, 1932, ch. 134, Secs. 1, 2, 47 Stat. 136, 137; 1946 Reorg. Plan 
No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

                       References in Text

    The Federal reclamation laws, referred to in text, are classified 
generally to chapter 12 (Sec. 371 et seq.) of this title.
    The general mining laws, referred to in text, are classified 
generally to Title 30, Mineral Lands and Mining.

                          Transfer of Functions

    For transfer of functions of other officers, employees, and agencies 
of Department of the Interior, with certain exceptions, to Secretary of 
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, 
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out 
under section 1451 of this title.
    ``Bureau of Land Management'' substituted for ``General Land 
Office'' on authority of section 403 of Reorg. Plan No. 3 of 1946. See 
note set out under section 1 of this title.
