§ 141. — Repealed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC141]
TITLE 43--PUBLIC LANDS
CHAPTER 6--WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY
Sec. 141. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
21, 1976, 90 Stat. 2792
Section, act June 25, 1910, ch. 421, Sec. 1, 36 Stat. 847,
authorized the withdrawal and reservation of lands for water-power sites
and other purposes.
Effective Date of Repeal
Section 704(a) of Pub. L. 94-579 provided that this section is
repealed effective on and after Oct. 21, 1976.
Savings Provision
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
Ex. Ord. No. 10355. Delegation of Authority
Ex. Ord. No. 10355, eff. May 26, 1952, 17 F.R. 4831, as amended by
Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990,
104 Stat. 1427, 1454, provided:
Section 1. (a) Subject to the provisions of subsections (b), (c),
and (d) of this section, I hereby delegate to the Secretary of the
Interior the authority vested in the President by section 1 of the act
of June 25, 1910, ch. 421, 36 Stat. 847 [this section], and the
authority otherwise vested in him to withdraw or reserve lands of the
public domain and other lands owned or controlled by the United States
in the continental United States or Alaska for public purposes,
including the authority to modify or revoke withdrawals and reservations
of such lands heretofore or hereafter made.
(b) All orders issued by the Secretary of the Interior under the
authority of this order shall be designated as public land orders and
shall be submitted to the Division of the Federal Register, General
Services Administration, for filing and for publication in the Federal
Register.
(c) No order affecting land under the administrative jurisdiction of
any executive department or agency of the Government other than the
Department of the Interior shall be issued by the Secretary of the
Interior under the authority of this order without the prior approval or
concurrence, so far as the order affects such land, of the head of the
department or agency concerned, or of such officer of the department or
agency concerned as the head thereof may designate for such purpose:
Provided, that such officer is required to be appointed by the President
by and with the advice and consent of the Senate.
(d) Any disagreement between two or more executive departments or
agencies with respect to any proposed withdrawal or reservation shall be
referred to the Director of the Bureau of the Budget [now Office of
Management and Budget] for consideration and adjustment. The Director
may, in his discretion, submit the matter to the President for his
determination.
Sec. 2. The Secretary of the Interior is authorized to issue such
rules and regulations, and to prescribe such procedures, as he may from
time to time deem necessary or desirable for the exercise of the
authority delegated to him by this order.
Sec. 3. The Secretary of the Interior is authorized to redelegate
the authority delegated to him by this order to one or more of the
following-designated officers: the Deputy Secretary of the Interior and
the Assistant Secretaries of the Interior.
Sec. 4. This order supersedes Executive Order No. 9337 of April 24,
1943, entitled ``Authorizing the Secretary of the Interior to Withdraw
and Reserve Lands of the Public Domain and Other Lands Owned or
Controlled by the United States''.
Ex. Ord. No. 12688. Transfer Authority Choctawhatchee National Forest,
Florida
Ex. Ord. No. 12688, Aug. 15, 1989, 54 F.R. 34129, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including Pub. L. No. 668, 76th
Cong., 3d Sess., 54 Stat. 655 (1940), to ensure that excess property
under the control of the Department of Defense within and adjacent to
the Choctawhatchee National Forest, Florida, is transferred to the
Department of Agriculture for inclusion in the National Forest, it is
hereby ordered as follows:
The Secretary of Defense is hereby delegated the President's
authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655
(1940), to transfer such property within or adjacent to the boundaries
of Choctawhatchee National Forest, Florida, that is no longer required
for military purposes, to the Secretary of Agriculture to be restored to
national forest status. To the extent this order delegates the
President's authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54
Stat. 655 (1940), to the Secretary of Defense, it supersedes Executive
Order No. 10355 [set out above], which delegates the President's
authority to revoke withdrawals and reservations of public lands to the
Secretary of the Interior. The Secretary of Defense will document the
transaction by letter of transfer between the Departments. The Secretary
of Defense, 30 days prior to taking any action to transfer property
pursuant to this order, shall notify the Secretary of the Interior of
the effective date and time for ``opening'' of the lands to relevant
land laws. The authority delegated by this order may be further
redelegated within the Department of Defense.
George Bush.
