Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

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Chapter 406
July 31, 1947 [S. 1185] |  [Public Law 291] 61 Stat. 681

To provide for the disposal of materials on the public lands of the United States.
Section 2 | 3

Margin Notes
Chap. 406 Public lands. Disposal of certain materials.
Chap. 406 Removal of materials without charge.
Chap. 406 Nonapplicability.
Sec. 2 Appraisal value in excess of $1,000.
Sec. 2 Appraisal value of $1,000 or less.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior, under such rules and regulations as he may prescribe, may dispose of materials including but not limited to sand, stone, gravel, yucca, manzanita, mesquite, cactus, common clay, and timber or other forest products, on public lands of the United States if the disposal of such materials (1) is not otherwise expressly authorized by law, including the United States mining laws, (2) is not expressly prohibited by laws of the United States, and (3) would not be detrimental to the public interest. Such materials may be disposed of only in accordance with the provisions of this Act and upon the payment of adequate compensation therefor, to be determined by the Secretary: Provided, however, That, to the extent not otherwise authorized by law, the Secretary is authorized in his discretion to permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities, or any person, or any association or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this Act, for use other than for commercial or industrial purposes or resale. Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior or of a State, Territory, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may make disposals under this Act only with the consent of such Federal department or agency or of such State, Territory, or local governmental unit. Nothing in this Act shall be construed to apply to lands in any national forest, national park, or

Page 359

national monument or to any Indian lands, or lands set aside or held for the use. or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians.

SEC. 2.

Where the appraised value of the material exceeds $1,000, it shall be disposed of by the Secretary to the highest responsible qualified bidder by competitive biddlng and publication of notice of the proposed disposal once each week for a period of four consecutive weeks in a newspaper of general circulation in the county in which the material is located. Where the appraised value of the material is $1,000 or less, it may be disposed of by the Secretary upon such notice and in such manner as he may prescribe.

SEC. 3.

All moneys received from the disposal of materials under this Act shall be disposed of in the same manner as moneys received from the sale of public lands.

Approved, July 31, 1947.

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