Sec. 701. effect on existing rights
640 words·~3 min read·
/statute-compilations/comps-1719/sec-701A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 701 effect on existing rights **[**[43 U.S.C. 1701 note](/us/usc/t43/s1701)**]** ###
(a)Nothing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act. ###
(b)Notwithstanding any provision of this Act, in the event of conflict with or inconsistency between this Act and the Acts of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j), and May 24, 1939 (53 Stat. 753), insofar as they relate to management of timber resources, and disposition of revenues from lands and resources, the latter Acts shall prevail. ###
(c)All withdrawals, reservations, classifications, and designations in effect as of the date of approval of this Act shall remain in full force and effect until modified under the provisions of this Act or other applicable law. ###
(d)Nothing in this Act, or in any amendments made by this Act, shall be construed as permitting any person to place, or allow to be placed, spent oil shale, overburden, or byproducts from the recovery of other minerals found with oil shale, on any Federal land other than Federal land which has been leased for the recovery of shale oil under the Act of February 25, 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et seq.). ###
(e)Nothing in this Act shall be construed as modifying, revoking, or changing any provision of the Alaska Native Claims Settlement Act (85 Stat. 688, as amended; 43 U.S.C. 1601 et seq.). ###
(f)Nothing in this Act shall be deemed to repeal any existing law by implication. ###
(g)Nothing in this Act shall be construed as limiting or restricting the power and authority of the United States or— ####
(1)as affecting in any way any law governing appropriation or use of, or Federal right to, water on public lands; ####
(2)as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control; ####
(3)as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States or of two or more States and the Federal Government; ####
(4)as superseding, modifying, or repealing, except as specifically set forth in this Act, existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water resources or to exercise licensing or regulatory functions in relation thereto; ####
(5)as modifying the terms of any interstate compact;20 20An “or” should appear at the end of paragraph (5). ####
(6)as a limitation upon any State criminal statute or upon the police power of the respective States, or as derogating the authority of a local police officer in the performance of his duties, or as depriving any State or political subdivision thereof of any right it may have to exercise civil and criminal jurisdiction on the national resource lands; or as amending, limiting, or infringing the existing laws providing grants of lands to the States. ###
(h)All actions by the Secretary concerned under this Act shall be subject to valid existing rights. ###
(i)The adequacy of reports required by this Act to be submitted to the Congress or its committees shall not be subject to judicial review. ###
(j)Nothing in this act shall be construed as affecting the distribution of livestock grazing revenues to local governments under the Granger-Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the Act of May 23, 1908 (35 Stat. 260, as amended; 16 U.S.C. 500), under the Act of March 4, 1913 (37 Stat. 843, as amended; 16 U.S.C. 501), and under the Act of June 20, 1910 (36 Stat. 557).
Connectionstraces to 11
Traces to 11 documents
U.S. Code
- Congressional declaration of policy§ 1701
- Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved§ 181
- Congressional findings and declaration of policy§ 1601
- Range improvements from appropriated funds§ 580h
- Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments§ 500
- Expenditures from receipts for roads and trails; cooperation with State authorities; evaluation of receipts§ 501
statutes-at-large
- relating to the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands situated in the State of Oregon”, approved August 28, 1937 (50 Stat. 874), is hereby authorized[50 Stat. 874](/us/stat/50/874). and empowered, in his discretion, to exchange any land formerly grantPublic Law 250
- /statutes-at-large/vol-50/public-law-389Public Law 389
- To amend the Alaska Native Claims Settlement ActPublic Law 99–96
- To transfer the Dillon Ranger District in the Arapaho National Forest to the White River National Forest in the State of ColoradoPublic Law 105–77
- to enable the people of New Mexico [36 Stat 557](/us/stat/36/557).to form a constitution and state government and be admitted into the union on an equal footing with the original states”, may be made under such provisions relating to the necessity or requirement for or the mode and manner of appraisPublic Law 95–533
4 references not yet in our index
- 43 USC 1181a–1181j
- 53 Stat. 753
- 64 Stat. 85
- 37 Stat. 843
Citation graph
cites case law
Sec. 701
effect on existing rights
Cite43 USC 1181a–1181j
Stat.53 Stat. 753
Stat.64 Stat. 85
Cites 15 · showing 12Cited by 0 across 0 sources