16 U.S.C. § 460hhh–6: Withdrawal

Summary

Most Federal land inside the Recreation Area cannot be taken, sold, or used for mining or for mineral or geothermal leases. In other words, those lands are closed to claims, to mining location/patent actions, and to mineral and geothermal leasing. But there are three exceptions. The parcel described as W½E½ and W½ sec. 27, T. 23 S., R. 58 E., Mt. Diablo Meridian is not closed. Land that can be transferred under Public Law 97–465 (the “Small Tracts Act,” 16 U.S.C. 521c et seq.) may still be conveyed under that Act, despite section 7 (16 U.S.C. 521i). Also, any Federal land the Secretary finds suitable may be exchanged for non-Federal land inside the Recreation Area under the usual National Forest land-exchange authorities.

Title 16, §460hhh–6

Conservation, Source: USLM XML via OLRC

(a)In general

Subject to valid existing rights and except as provided in subsection (b), all Federal lands within the Recreation Area are withdrawn from—

(1)all forms of entry, appropriation, or disposal under the public land laws;

(2)location, entry, and patent under the mining laws; and

(3)operation under the mineral leasing and geothermal leasing laws.

(b)Exceptions

(1)In general

Notwithstanding subsection (a), W½E½ and W½ sec. 27, T. 23 S., R. 58 E., Mt. Diablo Meridian is not subject to withdrawal under that subsection.

(2)Effect of entry under public land laws

Notwithstanding paragraph (1) of subsection (a), the following are not subject to withdrawal under that paragraph: (A)

(B)Any Federal land in the Recreation Area that the Secretary determines to be appropriate for conveyance by exchange for non-Federal land within the Recreation Area under authorities generally providing for the exchange of National Forest System land.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Public Law 97–465 (commonly known as the “Small Tracts Act”), referred to in subsec. (b)(2)(A), is Pub. L. 97–465, Jan. 12, 1983, 96 Stat. 2535, which enacted sections 521c to 521i of this title and amended section 484a of this title. For complete classification of this Act to the Code, see Tables.

Amendments

2014—Subsec. (a). Pub. L. 113–291, § 3092(f)(1), substituted “as provided” for “for lands described” in introductory provisions. Subsec. (b). Pub. L. 113–291, § 3092(f)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The lands referred to in subsection (a) of this section are described as follows: “W½E½ and W½, Sec. 27, T23S, R58E, Mt. Diablo Meridian.”

§460hhh–6 Withdrawal