(b) Abandonment of the right-of-way or noncompliance with any provision of this title, condition of the right-of-way, or applicable rule or regulation of the Secretary, may be grounds for termination of the right-of-way. Failure of the holder of the right-of-way to use the right-of-way for the purpose for which it was granted, issued, or renewed, for any two-year period, shall be presumed to constitute abandonment of the right-of-way.

SEC. 407. RIGHTS-OF-WAY FOR FEDERAL AGENCIES.—

(a) The Secretary may set aside for the use of any department or agency of the United States a right-of-way over, upon, or through the national resource lands, subject to such terms and conditions as he may impose. The provisions of sections 404-409 of this title shall be applicable to such rights-ofway to the extent the Secretary deems necessary.

(b) Where a right-of-way has been set aside for use of any department or agency of the United States, other than the Department of the Interior, the Secretary shall take no action to terminate, or otherwise limit, that use without the consent of the head of that other department or agency.

SEC. 408. CONVEYANCE OF LANDS.

(a) If the Secretary decides to transfer out of Federal ownership by patent, deed, or otherwise, any natural resource lands covered in whole or in part by a right-of-way, the lands may be conveyed subject to the right-of-way; however, if the Secretary determines that the right-of-way is of such a nature that continued Federal control is necessary in the public interest, he may (1) reserve to the United States that portion of the lands which lies within the boundaries of the right-of-way, or (2) convey the lands, including that portion within the boundaries of the right-of-way, subject to the right-of-way and reserving to the United States the right to enforce all or any of the terms and conditions of the right-of-way, including the right to renew it or extend it upon its termination and to collect rents.

(b) Where the Secretary determines to transfer out of Federal ownership national resource lands covered in whole or in part by a right-of-way, he may offer the holder of the right-of-way a preference right to purchase that portion of the lands which are within the boundaries of the right-of-way, if in the judgment of the Secretary such action is (1) necessary to protect the holder's rights in the right-of-way and (2) not contrary to the public interest.

SEC. 409. EXISTING RIGHTS-OF-WAY.-Nothing in this Act shall have the effect of terminating any existing right-of-way authorized pursuant to any statute hereby repealed. However, with the consent of the holder thereof, the Secretary may cancel such a right-of-way and in its stead issue a right-of-way pursuant to this Act.

TITLE V

PRESERVATION OF VALID EXISTING RIGHTS AND REPEAL OF OBSOLETE AND SUPERSEDED LAWS

SEC. 501. PRESERVATION OF RIGHTS.

(a) Federal rights not curtailed. Nothing in this Act shall be construed as limiting or restricting the power and authority of the United States, or as affecting in any way any law governing appropriation or use of, or Federal right to, water on national resource lands.

(b) State's rights not curtailed. Nothing in this Act shall be construed as a limitation upon any State criminal statute, nor on the police power of the respective States, nor to derogate the authority of a local police officer in the performance of his duties, nor to deprive any State or political subdivision thereof of any right it may have to exercise civil and criminal jurisdiction on the national resource lands.

(c) Valid existing rights. All actions by the Secretary under this Act shall be subject to valid existing rights.

SEC. 502. CONSTRUCTION OF LAW.-The authority conferred upon the Secretary by this Act is in addition to all other authority vested in him by law, and nothing in this Act shall be deemed to repeal any such other authority by implication. However, the Secretary may exercise the authority granted herein, notwithstanding any other provision of law.

SEC. 503. LAWS RELATING TO DISPOSAL OF NATIONAL RESOURCE LANDS.— (a) Subject to valid existing rights on the date of approval of this Act, the following statutes or parts of statutes are repealed:

The following words of section only "Provided, that no further allotments of lands to Indians on the public domain shall be made in San Juan County, Utah, nor shall further Indian homestead be made in said county under the Act of July 4, 1884 (23 Stat. 96: U.S.C., title 43, Sec. 190)."

The following words of section 1 only: "No person who shall after the passage of this Act, enter upon any of the public lands with a view to occupation, entry or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate, under all of said laws, but this limitation shall not operate to curtail the rights of any person who has heretofore made entry or settlement on the public lands, or whose occupation, entry or settlement is validated by this Act.'

The following words only: "And provided further, That where soldier's additional homestead entries have been made or initiated upon certificate of the Commissioner of the General Land Office of the rights to make such entry, and there is no adverse claimant, and such certificate is found erroneous or invalid for any cause, the purchaser thereunder, on making proof of such purchase, may perfect his title by payment of the Government price for the land; but no person shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate.'

(b) Section 7 of the Act of June 28, 1934, as amended (43 U.S.C. 315f) is revised to read as follows: "The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing district, which are more valuable or suitable for any other use than for the use provided for under this Act, or proper for acquisition in satisfaction of any outstanding lien, exchange or land grant, and to open such lands to disposal in accordance with such classification under applicable public-land laws. Such lands shall not be subject to disposition until after the same have been classified and opened to disposal."

(c) The Act of March 3, 1877, as amended (19 Stat. 377, 43 U.S.C. 321, 322, 323, 325, 327-329) is further amended in its entirety to read as follows: “All surplus water over and above water actually appropriated and used by persons on entries made under this Act, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the

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public for irrigation, mining, and manufacturing purposes subject to existing rights."

(d) Section 2 of the Act of March 8, 1922, as amended (43 U.S.C. 270-12), is further amended to read: "The coal, oil, or gas deposits reserved to the United States in accordance with the Act of March 8, 1922 (42 Stat. 416, as added, 75 Stat. 384, as amended, 76 Stat. 740), shall be subject to disposal by the United States in accordance with the provisions of the laws applicable to coal, oil, or gas deposits or coal, oil, or gas lands in Alaska in force at the time of such disposal. Any person qualified to acquire coal, oil, or gas deposits, or the right to mine or remove the coal or to drill for and remove the oil or gas under the aws of the United States shall have the right at all times to enter upon the lands patented, as provided by the provisions hereof, for the purpose of prospecting for coal, oil, or gas therein, upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal, oil, or gas deposits in any such land, or the right to mine, drill for, or remove the same, may reenter and occupy so much of the surface thereof incident to the mining and removal of the coal, oil, or gas therefrom, and mine and remove the coal or drill for and remove oil and gas upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages: Provided, That the owner under such limited patent shall have the right to mine the coal for use on the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits: Provided further, That nothing in this Act shall be construed as authorizing the exploration upon or entry of any coal deposits withdrawn from such exploration and purchase."

(e) Section 3 of the Act of August 30, 1949 (43 U.S.C. 687b-2) is amended to read: "Notwithstanding the provisions of any Act of Congress to the contrary, any person who prospects for, mines or removes any minerals from any land disposed of under the Act of August 30, 1949 (63 Stat. 679) shall be liable for any damage that may be caused to the value of the land and tangible improvements thereon by such prospecting for, mining, or removal of minerals. Nothing in this section shall be construed to impair any vested right in existence on August 30, 1949."

SEC.

504. LAWS RELATING TO ADMINISTRATION OF NATIONAL RESOURCE LANDS. Subject to valid existing rights on the date of approval of this Act, the following statutes or parts of statutes are repealed:

SEC. 505. REPEAL OF PRIOR LAWS PERTAINING TO RIGHTS-OF-WAY.—

(a) Subject to valid rights existing on the date of approval of this Act, the following statutes or parts of statutes are repealed insofar as they apply to national resource lands: