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U.S. Code as of:
01/19/04
Section 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Where public lands of the United States have been withdrawn for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minerals and would, if not so withdrawn, be subject to location and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.
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