---
kind: "section"
citation: "16 U.S.C. § 38"
title: "16"
title_heading: "Conservation"
number: "38"
heading: "Exchange for State or private lands authorized"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/38"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter V — Yellowstone National Park"
---

# §38. Exchange for State or private lands authorized


The [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture is authorized in his discretion to accept, on behalf of the United States, title to any lands held in private or [State](/usc/16/590q.md?p=a) ownership within the townships described in [section 37 of this title](/usc/16/37.md), and in exchange therefor may patent not to exceed an equal value of national forest land in the [State](/usc/16/590q.md?p=a) of Montana, surveyed and nonmineral in character, or the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture may authorize the grantor to cut and remove not to exceed an equal value of timber within the national forests of said [State](/usc/16/590q.md?p=a), the values in each case to be determined by the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture: Provided, That before any such exchange is effected, notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or [counties](/usc/16/544.md?p=d) in which may be situated the lands to be accepted and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in exchange shall be cut and removed from national forests under the laws and regulations relating to the national forests and under the direction and supervision and in accordance with the requirements of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture.


## Source credit

(May 26, 1926, ch. 399, § 2, 44 Stat. 655; Pub. L. 86–509, § 1(f), June 11, 1960, 74 Stat. 205.)

## Notes

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

Functions of Secretary of the Interior under this section, with respect to exchanges of lands held in private or State ownership for national forest lands or timber in Montana, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture.