US (United States) Code. Title 43. Chapter 20: Reservations and grants to states for public purposes

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR

PUBLIC PURPOSES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-MISC1-

Sec.

851. Deficiencies in grants to State by reason of

settlements, etc., on designated sections generally.

852. Selections to supply deficiencies of school lands.

(a) Restrictions.

(b) Adjustments.

(c) Preference rights for State.

(d) "Unappropriated public lands" defined;

determination of mineral character of land.

852a. Applications for unsurveyed lands; regulations;

acreage requirements.

852b. Survey of lands prior to transfer; time for survey;

availability of funds; lands suitable for transfer.

853. Selections in Utah to supply deficiencies of school

lands.

854. Selections in New Mexico to supply deficiencies of

school lands.

855. Omitted.

856. Selection of school lands on ceded Indian

reservations.

857. Grant to new States.

858. Grants to counties for seats of justice.

859. Fee simple to pass in all grants.

860. Repealed.

861. Preference right of selection granted certain Western

States; bona fide settlers.

862. Omitted.

863. Survey of lands granted to certain Western States.

864. Survey of land grants to Florida.

865. Confirmation of certain lands selected by California.

866. Exchange of cut over land in Montana.

867. Omitted.

868. Representation of Indian claimants in suits to

determine right to school lands.

869. Disposal of lands for public or recreational purposes.

(a) Application; conditions; classification;

restoration if not applied for.

(b) Acreage limitations.

(c) Lands withdrawn in aid of functions of a

department, agency, State, etc.; lands

excepted from disposal.

869-1. Sale or lease to State or nonprofit organization;

reservation of mineral deposits; termination of lease

for nonuse.

869-2. Conditions of transfer by grantee; solid waste

disposal.

(a) Conditions of transfer by grantee.

(b) New disposal sites.

(c) Existing disposal sites.

869-3. Authority for transfers; applicability of section

869-2 to prior patents; termination of restrictions.

869-4. Disposition of moneys received from or on account of

revested Oregon and California Railroad grant lands

or reconveyed Coos Bay Wagon Road grant lands.

869a. Repealed.

870. Grants of land in aid of common or public schools;

extension to those mineral in character; effect of

leases.

871. Certain grants and laws unaffected.

871a. Repealed.

872. Conveyances to United States in connection with

applications for amendment of patented entries or for

exchange of land, etc.; withdrawal or rejection of

applications; reconveyances.

873. Lands granted for erecting public buildings; purpose

of grant.

-End-

-CITE-

43 USC Sec. 851 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 851. Deficiencies in grants to State by reason of settlements,

etc., on designated sections generally

-STATUTE-

Where settlements with a view to preemption or homestead have

been, or shall hereafter be made, before the survey of the lands in

the field, which are found to have been made on sections sixteen or

thirty-six, those sections shall be subject to the claims of such

settlers; and if such sections or either of them have been or shall

be granted, reserved, or pledged for the use of schools or colleges

in the State in which they lie, other lands of equal acreage are

hereby appropriated and granted, and may be selected, in accordance

with the provisions of section 852 of this title, by said State, in

lieu of such as may be thus taken by preemption or homestead

settlers. And other lands of equal acreage are also hereby

appropriated and granted and may be selected, in accordance with

the provisions of section 852 of this title, by said State where

sections sixteen or thirty-six are, before title could pass to the

State, included within any Indian, military, or other reservation,

or are, before title could pass to the State, otherwise disposed of

by the United States: Provided, That the selection of any lands

under this section in lieu of sections granted or reserved to a

State shall be a waiver by the State of its right to the granted or

reserved sections. And other lands of equal acreage are also

appropriated and granted, and may be selected, in accordance with

the provisions of section 852 of this title, by said State to

compensate deficiencies for school purposes, where sections sixteen

or thirty-six are fractional in quantity, or where one or both are

wanting by reason of the township being fractional, or from any

natural cause whatever. And it shall be the duty of the Secretary

of the Interior, without awaiting the extension of the public

surveys, to ascertain and determine, by protraction or otherwise,

the number of townships that will be included within such Indian,

military, or other reservations, and thereupon the State shall be

entitled to select indemnity lands to the extent of section for

section in lieu of sections therein which have been or shall be

granted, reserved, or pledged; but such selections may not be made

within the boundaries of said reservation: Provided, however, That

nothing in this section contained shall prevent any State from

awaiting the extinguishment of any such military, Indian, or other

reservation and the restoration of the lands therein embraced to

the public domain and then taking the sections sixteen and

thirty-six in place therein.

-SOURCE-

(R.S. Sec. 2275; Feb. 28, 1891, ch. 384, 26 Stat. 796; Pub. L.

85-771, Sec. 1, Aug. 27, 1958, 72 Stat. 928; Pub. L. 89-470, Sec.

1, June 24, 1966, 80 Stat. 220.)

-COD-

CODIFICATION

R.S. Sec. 2275 derived from acts Feb. 26, 1859, ch. 58, 11 Stat.

385; June 22, 1874, ch. 422, 18 Stat. 202.

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-470 struck out "or Territory" after "State" in

eight places and substituted "before title could pass to the State"

for "prior to survey" in two places.

1958 - Pub. L. 85-771 inserted "in accordance with the provisions

of section 852 of this title" and "prior to survey", wherever

appearing; substituted "That the selection of any lands under this

section in lieu of sections granted or reserved to a State or

Territory shall be a waiver by the State or Territory of its right

to the granted or reserved sections." for "Where any State is

entitled to said sections 16 and 36, or where said sections are

reserved to any Territory, notwithstanding the same may be mineral

land or embraced within a military, Indian, or other reservation,

the selection of such lands in lieu thereof by said State or

Territory shall be a waiver of its right to said sections.";

substituted "section for section in lieu of sections therein which

have been or shall be granted, reserved, or pledged" for "two

sections for each of said townships, in lieu of sections 16 and 36

therein"; struck out from last extinguishment proviso "but nothing

in this proviso shall be construed as conferring any right not in

this section existing prior to February 28, 1891", and otherwise

amended section generally.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 852, 853, 854 of this

title; title 16 section 460iii-2.

-End-

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43 USC Sec. 852 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 852. Selections to supply deficiencies of school lands

-STATUTE-

(a) Restrictions

The lands appropriated by section 851 of this title shall be

selected from any unappropriated, surveyed or unsurveyed public

lands within the State where such losses or deficiencies occur

subject to the following restrictions:

(1) No lands mineral in character may be selected by a State

except to the extent that the selection is being made as

indemnity for mineral lands lost to the State because of

appropriation before title could pass to the State;

(2) No lands on a known geologic structure of a producing oil

or gas field may be selected except to the extent that the

selection is being made as indemnity for lands on such a

structure lost to the State because of appropriation before title

could pass to the State; and

(3) Land subject to a mineral lease or permit may be selected

if none of the land subject to that lease or permit is in a

producing or producible status, subject, however, to the

restrictions and conditions of the preceding and following

paragraphs of this subsection.

(4) If a selection is consummated as to a portion but not all

of the lands subject to any mineral lease or permit, then, as to

such portion and for so long only as such lease or permit or any

lease issued pursuant to such permit shall remain in effect,

there shall be automatically reserved to the United States the

mineral or minerals for which the lease or permit was issued,

together with such further rights as may be necessary for the

full and complete enjoyment of all rights, privileges and

benefits under or with respect to the lease or permit: Provided,

however, That after approval of the selection the Secretary of

the Interior shall determine what portion of any rents and

royalties accruing thereafter which may be paid under the lease

or permit is properly applicable to that portion of the land

subject to the lease or permit selected by the State, the portion

applicable being determined by applying to the sum of the rents

and royalties the same ratio as that existing between the acreage

selected by the State and the total acreage subject to the lease

or permit; of the portion applicable to the selected land 90 per

centum shall be paid to the State by the United States annually

and 10 per centum shall be deposited in the Treasury of the

United States as miscellaneous receipts.

(5) If a selection is consummated as to all of the lands

subject to any mineral lease or permit or if, where the selecting

State has previously acquired title to a portion of the lands

subject to a mineral lease or permit, a selection is consummated

as to all of the remaining lands subject to that lease or permit,

then and upon condition that the United States shall retain all

rents and royalties theretofore paid and that the lessee or

permittee shall have and may enjoy under and with respect to that

lease or permit all the rights, privileges, and benefits which he

would have had or might have enjoyed had the selection not been

made and approved, the State shall succeed to all the rights of

the United States under the lease or permit as to the mineral or

minerals covered thereby, subject, however, to all obligations of

the United States under and with respect to that lease or permit.

(b) Adjustments

Where the selections are to compensate for deficiencies of school

lands in fractional townships, such selections shall be made in

accordance with the following principles of adjustment, to wit: For

each township, or fractional township, containing a greater

quantity of land than three-quarters of an entire township, one

section; for a fractional township, containing a greater quantity

of land than one-half, and not more than three-quarters of a

township, three-quarters of a section; for a fractional township,

containing a greater quantity of land than one-quarter, and not

more than one-half of a township, one-half section; and for a

fractional township containing a greater quantity of land than one

entire section, and not more than one-quarter of a township,

one-quarter section of land: Provided, That the States which are,

or shall be entitled to both the sixteenth and thirty-sixth

sections in place, shall have the right to select double the

amounts named, to compensate for deficiencies of school land in

fractional townships.

(c) Preference rights for State

Notwithstanding the provisions of section 282 (!1) of this title

on the revocation not later than 10 years after the date of

approval of this Act, of any order of withdrawal, in whole or in

part, the order or notice taking such action shall provide for a

period of not less than six months before the date on which it

otherwise becomes effective in which the State in which the lands

are situated shall have a preferred right of application for

selection under this section, subject to the requirements of

existing law, except as against the prior existing valid settlement

rights and preference rights conferred by existing law other than

section 282 (!1) of this title, or as against equitable claims

subject to allowance and confirmation, and except where a

revocation of an order of withdrawal is made in order to assist in

a Federal land program.

(d) "Unappropriated public lands" defined; determination of mineral

character of land

(1) The term "unappropriated public lands" as used in this

section shall include, without otherwise affecting the meaning

thereof, lands withdrawn for coal, phosphate, nitrate, potash, oil,

gas, asphaltic minerals, oil shale, sodium, and sulphur, but

otherwise subject to appropriation, location, selection, entry, or

purchase under the nonmineral laws of the United States; lands

withdrawn by Executive Order Numbered 5327, of April 15, 1930, if

otherwise available for selection; and the retained or reserved

interest of the United States in lands which have been disposed of

with a reservation to the United States of all minerals or any

specified mineral or minerals.

(2) The determination, for the purposes of this section of the

mineral character of lands lost to a State shall be made as of the

date of application for selection and upon the basis of the best

evidence available at that time.

-SOURCE-

(R.S. Sec. 2276; Feb. 28, 1891, ch. 384, 26 Stat. 797; Pub. L.

85-771, Sec. 2, Aug. 27, 1958, 72 Stat. 928; Pub. L. 86-786, Secs.

1, 2, Sept. 14, 1960, 74 Stat. 1024; Pub. L. 89-470, Sec. 2, June

24, 1966, 80 Stat. 220.)

-REFTEXT-

REFERENCES IN TEXT

Section 282 of this title, referred to in subsec. (c), was

repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90

Stat. 2787.

Date of approval of this Act, referred to in subsec. (c),

probably means date of approval of Pub. L. 85-771, which was Aug.

27, 1958.

-COD-

CODIFICATION

R.S. Sec. 2276 derived from acts May 20, 1826, ch. 83, Sec. 1, 4

Stat. 179; Feb. 26, 1859, ch. 58, 11 Stat. 385; June 22, 1874, ch.

422, 18 Stat. 202.

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-470 struck out "or Territory" after "State"

once in subsec. (a), twice in subsec. (a)(1), and once each in

subsecs. (a)(2), (c), and (d)(2), and "or Territories" after

"States" in subsec. (b); substituted "before title could pass to

the State" for "prior to survey" in subsec. (a)(1) and (2); and

inserted "or unsurveyed" after "surveyed" in subsec. (a).

1960 - Subsec. (a). Pub. L. 86-786, Sec. 1, substituted "If none

of the land subject to that lease or permit is in a producing or

producible status, subject, however, to the restrictions and

conditions of the preceding and following paragraphs of this

subsection" for ", but only if all of the lands subject to that

lease or permit are selected and if none of the lands subject to

that lease or permit are in a producing or producible status; where

lands subject to a mineral lease or permit are selected, the State

or Territory shall succeed to the position of the United States

thereunder", in par. (3), and added pars. (4) and (5).

Subsec. (d)(1). Pub. L. 86-786, Sec. 2, included interest of

United States in lands which have been disposed of with a

reservation to United States of all minerals.

1958 - Pub. L. 85-771 designated introductory clause as subsec.

(a) and added restrictions (1) to (3) thereto; designated remainder

as subsec. (b) and added subsecs. (c) and (d).

UNIVERSITY OF ALASKA; GRANTEE OF LANDS, IMPROVEMENTS, AND PERSONAL

PROPERTY OF ALASKA AGRICULTURAL EXPERIMENT STATION

Pub. L. 102-415, Sec. 9, Oct. 14, 1992, 106 Stat. 2114, provided

that: "Notwithstanding any other provision of law, the Secretary of

the Interior shall convey to the University of Alaska, by quitclaim

deed and without consideration, all the right, title, and interest

of the United States in and to -

"(1) the lands of the University of Alaska Agricultural

Experiment Station, consisting of approximately 16 acres,

including improvements on the lands, located at Palmer and

Matanuska, Alaska; and

"(2) the lands of the University of Alaska Fur Farm Experiment

Station, consisting of approximately 37 acres, including

improvements on the lands, located at Petersburg, Alaska, subject

to the terms of -

"(A) the lease between the Forest Service and the University

of Alaska dated March 29, 1978; and

"(B) the agreement between the parties listed in subparagraph

(A) dated March 2, 1983."

Pub. L. 89-620, Oct. 4, 1966, 80 Stat. 871, authorized the

Secretary of Agriculture to convey by quitclaim deed and without

consideration to the University of Alaska for public purposes all

the right, title, and interest of the United States in and to the

lands of the Alaska Agricultural Experiment Station, including

improvements thereon, and such personal property as may be

designated, located at Palmer and Matanuska, Alaska.

UNIVERSITY OF ALASKA; ADDITIONAL LAND GRANT FOR AGRICULTURAL

COLLEGE AND SCHOOL OF MINES; CONDITIONS AND LIMITATION

Act Jan. 21, 1929, ch. 92, 45 Stat. 1091, as amended July 12,

1960, Pub. L. 86-620, 74 Stat. 408; Sept. 19, 1966, Pub. L. 89-588,

80 Stat. 811, provided: "That in addition to the provision made by

the Act of Congress approved March 4, 1915 (thirty-eighth Statutes

at Large, page 1214 [classified to section 353 of Title 48,

Territories and Insular Possessions, and provisions set out in the

Site for Agricultural College and School of Mines note below], for

the use and benefit of the Agricultural College and School of

Mines, there is granted to the State of Alaska, for the exclusive

use and benefit of the Agricultural College and School of Mines,

one hundred thousand acres of vacant nonmineral surveyed unreserved

public lands in the State of Alaska, to be selected, under the

direction and subject to the approval of the Secretary of the

Interior, by the State, and subject to the following conditions and

limitations:

"Sec. 2. That the college and school provided for in this act

shall forever remain under the exclusive control of the said State,

and no part of the proceeds arising from the sale or disposal of

any lands granted herein shall be used for the support of any

sectarian or denominational college or school."

UNIVERSITY OF ALASKA; SITE FOR AGRICULTURAL COLLEGE AND SCHOOL OF

MINES

Section 2 of act Mar. 4, 1915, ch. 181, 38 Stat. 1215, provided:

"That section numbered 6 in township numbered one south of the

Fairbanks base line and range numbered one west of the Fairbanks

meridian; section numbered thirty-one, in township numbered one

north of the Fairbanks base line and range numbered one west of the

Fairbanks meridian; section numbered one, in township numbered one

south of the Fairbanks base line and range numbered two west of the

Fairbanks meridian; and section numbered thirty-six, in township

numbered one north of the Fairbanks base line and range numbered

two west of the Fairbanks meridian, are granted to the Territory of

Alaska, but with the express condition that they shall be forever

reserved and dedicated to use as a site for an agricultural college

and school of mines: Provided, That nothing in this Act [classified

to section 353 of Title 48, Territories and Insular Possessions,

and set out in this note] shall be held to interfere with or

destroy any legal claim of any person or corporation to any part of

said lands under the homestead [law, chapter 7 of this title.] or

other law for the disposal of the public lands acquired prior to

the approval of this Act [Mar. 4, 1915]: Provided further, That so

much of the said land as is now [Mar. 4, 1915] used by the

Government of the United States as an agricultural experiment

station may continue to be used for such purpose until abandoned

for that use by an order of the President of the United States or

by Act of Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 851, 853, 854 of this

title; title 16 section 460iii-2.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 852a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 852a. Applications for unsurveyed lands; regulations; acreage

requirements

-STATUTE-

The Secretary of the Interior may issue regulations governing

applications for unsurveyed lands. If he establishes any minimum

acreage requirements, they shall provide for selection of tracts of

reasonable size, taking into consideration location, terrain, and

adjacent land ownership and uses.

-SOURCE-

(Pub. L. 89-470, Sec. 3, June 24, 1966, 80 Stat. 220.)

-End-

-CITE-

43 USC Sec. 852b 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 852b. Survey of lands prior to transfer; time for survey;

availability of funds; lands suitable for transfer

-STATUTE-

Prior to issuance of an instrument of transfer, lands must be

surveyed. The Secretary of the Interior shall within five years,

subject to the availability of funds, survey the exterior

boundaries of lands approved as suitable for transfer to the State.

-SOURCE-

(Pub. L. 89-470, Sec. 4, June 24, 1966, 80 Stat. 220.)

-End-

-CITE-

43 USC Sec. 853 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 853. Selections in Utah to supply deficiencies of school lands

-STATUTE-

All the provisions of sections 851 and 852 of this title, which

provide for the selection of lands for educational purposes in lieu

of those appropriated for other purposes, are made applicable to

the State of Utah, and the grant of school lands to said State,

including sections 2 and 32 in each township, and indemnity

therefor, shall be administered and adjusted in accordance with the

provisions of said sections, anything in the Act approved July 16,

1894, providing for the admission of said State into the Union, to

the contrary notwithstanding.

Wherever the words "sections 16 and 36" occur in said sections,

the same as applicable to the State of Utah shall read: "sections

2, 16, 32, and 36", and wherever the words "sixteenth and

thirty-sixth sections" occur the same shall read: "second,

sixteenth, thirty-second, and thirty-sixth sections", and wherever

the words "sections 16 or 36" occur the same shall read: "sections

2, 16, 32, or 36", and wherever the words "two sections" occur the

same shall read "four sections."

-SOURCE-

(May 3, 1902, ch. 683, Secs. 1, 2, 32 Stat. 188, 189.)

-REFTEXT-

REFERENCES IN TEXT

Act approved July 16, 1894, referred to in text, is act July 16,

1894, ch. 138, 28 Stat. 107. Provisions of such act relating to

admission of Utah into the Union are not classified to the Code.

-End-

-CITE-

43 USC Sec. 854 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 854. Selections in New Mexico to supply deficiencies of school

lands

-STATUTE-

All the provisions of sections 851 and 852 of this title are made

applicable to New Mexico, and the grant of school lands to said

State, and indemnity therefor, shall be administered and adjusted

in accordance with the provisions of such sections, anything in the

Act of Congress approved June 21, 1898, making certain grants of

land to the Territory of New Mexico, and for other purposes, to the

contrary notwithstanding.

-SOURCE-

(Mar. 16, 1908, ch. 88, 35 Stat. 44.)

-REFTEXT-

REFERENCES IN TEXT

Act of Congress approved June 21, 1898, referred to in text, is

act June 21, 1898, ch. 489, 30 Stat. 484, which is not classified

to the Code.

References to "Territory" of New Mexico were superseded by the

admission of New Mexico into the Union by act June 30, 1910, ch.

310, 36 Stat. 557, and Res. Aug. 21, 1911, No. 8, 37 Stat. 39.

-End-

-CITE-

43 USC Sec. 855 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 855. Omitted

-COD-

CODIFICATION

Section, act Mar. 2, 1923, ch. 184, 42 Stat. 1429, authorized

Secretary of the Interior to convey certain lands to State of

Wyoming which were to be selected in lieu of tract numbered 60,

township 56, north, of range 69 west of the sixth principal

meridian in that State.

-End-

-CITE-

43 USC Sec. 856 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 856. Selection of school lands on ceded Indian reservations

-STATUTE-

Any State or Territory entitled to indemnity school lands or

entitled to select lands for educational purposes under law

existing prior to March 2, 1895, may select such lands within the

boundaries of any Indian reservation in such State or Territory

from the surplus lands thereof, purchased by the United States

after allotments have been made to the Indians of such reservation,

and prior to the opening of such reservation to settlement.

-SOURCE-

(Mar. 2, 1895, ch. 188, Sec. 1, 28 Stat. 899.)

-End-

-CITE-

43 USC Sec. 857 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 857. Grant to new States

-STATUTE-

There is granted, for purposes of internal improvement, to each

new State admitted into the Union, after September 4, 1841, upon

such admission, so much public land as, including the quantity that

was granted to such State before its admission and while under a

territorial government, will make five hundred thousand acres.

The selections of lands, granted in this section, shall be made

within the limits of each State so admitted into the Union, in such

manner as the legislatures thereof, respectively, may direct; and

such lands shall be located in parcels conformably to sectional

divisions and subdivisions of not less than three hundred and

twenty acres in any one location, on any public land not reserved

from sale by law of Congress or by proclamation of the President.

The locations may be made at any time after the public lands in any

such new State have been surveyed according to law.

-SOURCE-

(R.S. Secs. 2378, 2379.)

-COD-

CODIFICATION

R.S. Secs. 2378, 2379 derived from act Sept. 4, 1841, ch. 16,

Sec. 8, 5 Stat. 455.

-MISC1-

GRANTS NOT TO EXTEND TO ALASKA

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

Land grant under Alaska Statehood provisions in lieu of grant of

land under this section (declared not to extend to Alaska), see

section 6(l) of Pub. L. 85-508, set out as a note preceding section

21 of Title 48.

-End-

-CITE-

43 USC Sec. 858 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 858. Grants to counties for seats of justice

-STATUTE-

There shall be granted to the several counties or parishes of

each State and Territory, where there are public lands, at the

minimum price for which public lands of the United States are sold,

the right of preemption to one quarter section of land, in each of

the counties or parishes, in trust for such counties or parishes,

respectively, for the establishment of seats of justice therein;

but the proceeds of the sale of each of such quarter section shall

be appropriated for the purpose of erecting public buildings in the

county or parish for which it is located, after deducting therefrom

the amount originally paid for the same. And the seat of justice

for such counties or parishes, respectively, shall be fixed

previously to a sale of the adjoining lands within the county or

parish for which the same is located.

-SOURCE-

(R.S. Sec. 2286.)

-COD-

CODIFICATION

R.S. Sec. 2286 derived from act May 26, 1824, ch. 169, Sec. 1, 4

Stat. 50.

-End-

-CITE-

43 USC Sec. 859 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 859. Fee simple to pass in all grants

-STATUTE-

Where lands have been or may hereafter be granted by any law of

Congress to any one of the several States and Territories, and

where such law does not convey the fee-simple title of the lands,

or require patents to be issued therefor, the list of such lands

which have been or may hereafter be certified by the Secretary of

the Interior or such officer as he may designate, under the seal of

his office, either as originals or copies of the originals or

records shall be regarded as conveying the fee simple of all the

lands embraced in such lists that are of the character contemplated

by such Act of Congress, and intended to be granted thereby, but

where lands embraced in such lists are not of the character

embraced by such Acts of Congress, and are not intended to be

granted thereby, the lists, so far as these lands are concerned,

shall be perfectly null and void, and no right, title, claim, or

interest shall be conveyed thereby.

-SOURCE-

(R.S. Sec. 2449; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

R.S. Sec. 2449 derived from acts Aug. 3, 1854, ch. 201, 10 Stat.

346; Mar. 3, 1875, ch. 139, Sec. 8, 18 Stat. 475.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Secretary of the Interior or such officer as he may designate"

substituted for "Commissioner of the General Land Office" on

authority of section 403 of Reorg. Plan No. 3 of 1946. See note set

out under section 1 of this title.

-End-

-CITE-

43 USC Sec. 860 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 860. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-

Section, act Feb. 27, 1913, ch. 85, Secs. 1-3, 37 Stat. 687,

related to selection of phosphate or oil lands by State of Idaho

under indemnity and other land grants. See sections 121 to 123 of

Title 30, Mineral Lands and Mining.

-End-

-CITE-

43 USC Sec. 861 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 861. Preference right of selection granted certain Western

States; bona fide settlers

-STATUTE-

The States of North Dakota, South Dakota, Montana, Idaho, and

Washington shall have a preference right over any person or

corporation to select lands subject to entry by said States by the

Act of Congress approved February 22, 1889, for a period of sixty

days after lands have been surveyed and duly declared to be subject

to selection and entry under the general land laws of the United

States.

Such preference right shall not accrue against bona fide

homestead or preemption settlers on any of said lands at the date

of filing of the plat of survey of any township in any local land

office of said States.

-SOURCE-

(Mar. 3, 1893, ch. 208, 27 Stat. 592.)

-REFTEXT-

REFERENCES IN TEXT

Act February 22, 1889, referred to in text, is act Feb. 22, 1889,

ch. 180, 25 Stat. 676. Provisions relating to admission of the

enumerated States into the Union are not classified to the Code.

-End-

-CITE-

43 USC Sec. 862 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 862. Omitted

-COD-

CODIFICATION

Section, act June 18, 1874, ch. 305, 18 Stat. 80, provided for

issuance of patents for lands granted State of Oregon prior to June

18, 1874, upon certificate of Governor that wagon roads had been

built over those lands in accordance with terms of grants.

-End-

-CITE-

43 USC Sec. 863 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 863. Survey of lands granted to certain Western States

-STATUTE-

It shall be lawful for the Governors of the States of Washington,

Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming to

apply to the Secretary of the Interior or such officer as he may

designate for the survey of any township or townships of public

land then remaining unsurveyed in any of the several surveying

districts, with a view to satisfy the public land grants made by

the several Acts admitting the said States into the Union to the

extent of the full quantity of land called for thereby; and upon

the application of said governors the Secretary or such officer

shall proceed to immediately notify such officer as may be

designated by the Secretary of the application made by the governor

of any of the said States of the application made for the

withdrawal of said lands, and the officer so designated shall

proceed to have the survey or surveys so applied for made, as in

the cases of surveys of public lands; and the lands that may be

found to fall within the limits of such township or townships, as

ascertained by the survey, shall be reserved upon the filing of the

application for survey from any adverse appropriation by settlement

or otherwise except under rights that may be found to exist of

prior inception, for a period to extend from such application for

survey until the expiration of sixty days from the date of the

filing of the township plat of survey in the proper district land

office, during which period of sixty days the State may select any

of such lands not embraced in any valid adverse claim, for the

satisfaction of such grants, with the condition, however, that the

governor of the State, within thirty days from the date of such

filing of the application for survey, shall cause a notice to be

published, which publication shall be continued for thirty days

from the first publication, in some newspaper of general

circulation in the vicinity of the lands likely to be embraced in

such township or townships, giving notice to all parties interested

of the fact of such application for survey and the exclusive right

of selection by the State for the aforesaid period of sixty days as

herein provided for; and after the expiration of such period of

sixty days any lands which may remain unselected by the State, and

not otherwise appropriated according to law, shall be subject to

disposal under general laws as other public lands: And provided

further, That the Secretary of the Interior or such officer as he

may designate shall give notice immediately of the reservation of

any township or townships to the local land office in which the

land is situate of the withdrawal of such township or townships,

for the purpose hereinbefore provided.

-SOURCE-

(Aug. 18, 1894, ch. 301, 28 Stat. 394; Mar. 3, 1925, ch. 462, 43

Stat. 1144; June 26, 1934, ch. 756, Sec. 22, 48 Stat. 1236; 1946

Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60

Stat. 1100.)

-MISC1-

REPEALS

Act June 26, 1934, ch. 756, Sec. 22, 48 Stat. 1236, cited as a

credit to this section, was repealed by Pub. L. 97-258, Sec. 5(b),

Sept. 13, 1982, 96 Stat. 1074.

AMENDMENTS

1934 - Act June 26, 1934, repealed last proviso which authorized

governors of States named to advance money for survey of certain

townships.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

First and third references to "Commissioner of the General Land

Office" changed to "Secretary of the Interior or such officer as he

may designate"; second such reference changed to "Secretary or such

officer"; and the two references to "Supervisor of Surveys" changed

to "such officer as may be designated by the Secretary" and "the

officer so designated," respectively, all on authority of section

403 of Reorg. Plan No. 3 of 1946. See note set out under section 1

of this title.

Act Mar. 3, 1925, abolished office of surveyor general and

transferred administration of all activities in charge of surveyors

general to Field Surveying Service under jurisdiction of United

States Supervisor of Surveys.

-End-

-CITE-

43 USC Sec. 864 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 864. Survey of land grants to Florida

-STATUTE-

It shall be lawful for the properly credited agent or official of

the State of Florida having in charge the adjustment of its school

grant to apply to the Secretary of the Interior, or such officer as

he may designate, for the survey of any townships or parts of

townships of public land unsurveyed in any of the surveying

districts of said State, with a view to satisfy the grant in aid of

schools made to said State of Florida to the extent of the full

quantity of land called for thereby; and upon the application of

said agent or official, the Secretary or such officer as he may

designate shall proceed to have the survey or surveys so applied

for made, as in the case of surveys of other public lands; and the

lands that may be found to fall within the limits of such townships

or parts of townships as ascertained by the survey shall be

reserved, upon the filing of the application for survey from any

adverse appropriation by settlement or otherwise, except under

rights that may be found to exist of prior inception, for a period

to extend from such application for survey until the expiration of

sixty days from date of filing of the township plat of survey in

the proper district land office, which period of sixty days the

State may select any of such lands not embraced in any valid

adverse claim for the satisfaction of its school grant, as

aforesaid, with the condition, however, that the agent or official

of the State, within thirty days from the date of such filing of

the application for survey, shall cause a notice to be published,

which publication shall be continued for thirty days from date of

first publication in some newspaper of general circulation in the

vicinity of the lands likely to be embraced in such townships or

parts of townships giving notice to all parties interested of the

fact of such application for survey and the exclusive right of

selection by the State for the aforesaid period of sixty days as

herein provided for, and after the expiration of such sixty days

any lands which may remain unselected by the State and not

otherwise appropriated according to law shall be subject to

disposal under general laws as other public lands: Provided, That

the Secretary or such officer as he may designate shall give notice

immediately of the reservation of any township or parts of

townships to the officials of the local land office of the land

district in which the land is situated of the withdrawal of such

townships or parts of townships for the purpose hereinbefore

provided: Provided further, That nothing herein shall be deemed to

authorize the Secretary or such officer as he may designate to

survey any lands within the exterior boundaries of the Everglades,

as defined in Everglades patent numbered 137, issued to the State

of Florida by the United States under the Swamp Land Act of 1850.

-SOURCE-

(Feb. 16, 1921, ch. 60, 41 Stat. 1103; 1946 Reorg. Plan No. 3, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

The Swamp Land Act of 1850, referred to in text, is act Sept. 28,

1850, ch. 84, 9 Stat. 519, which was incorporated into the Revised

Statutes of 1878 as R.S. Secs. 2479-2481, which are classified to

sections 982 to 984 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

First reference to "Commissioner of the General Land Office"

changed to "Secretary of the Interior, or such officer as he may

designate,", and remaining three such references changed to

"Secretary or such officer as he may designate", on authority of

section 403 of Reorg. Plan No. 3 of 1946. See note set out under

section 1 of this title.

-End-

-CITE-

43 USC Sec. 865 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 865. Confirmation of certain lands selected by California

-STATUTE-

All selections of any portion of the public domain, to which,

prior to July 23, 1866, no homestead, preemption, or other right

had been acquired by any settler under the laws of the United

States, and not being mineral land, nor reserved for naval,

military, or Indian purposes nor held or claimed under any valid

Mexican or Spanish grant, and not included within the limits of any

city, town, or village or of the county of San Francisco, made

prior to the 23d day of July 1866, and theretofore sold to bona

fide purchasers by the State of California are confirmed to the

State of California: Provided, however, That said State shall not

receive any greater quantity of land for school or improvement

purposes than she is entitled to by law.

When selections named in the above paragraph have been made upon

lands already surveyed by authority of the United States, the

authorities of said States, where the same has not been already

done, shall notify the officer, as the Secretary of the Interior

may designate, of the land office, for the district in which the

land is situated, which notice shall be regarded as the date of the

State selection; and the said officers, as the Secretary may

designate, of the several land offices, after investigation and

decision, shall, under the instruction of the Secretary of the

Interior, or such officer as he may designate, forward all such

selections to the Bureau of Land Management, and the Secretary or

such officer shall certify the same over to the State in the usual

manner.

When the State of California has made such selections from the

lands not surveyed by the authority of the United States, but which

selections have been surveyed by the authority of said State, and

the land sold to purchasers in good faith, under the laws of the

State, such selections, from said 23d of July, 1866, when marked

off and designated in the field, shall have the same force and

effect as the preemption rights of a settler upon unsurveyed public

lands; and if upon a survey of such lands by the United States, the

lines of the two surveys shall be found not to agree, the selection

shall be so changed as to include those legal subdivisions which

nearest conform to the identical land included in the State survey

and selection. Upon filing with the officer as the Secretary of the

Interior may designate of the proper United States land office of

the township plat, in which any such selection of unsurveyed land

is located, the holder of the State title shall be allowed the same

time to present and prove up his purchase and claim as was allowed

preemptors under existing laws, and if found in accordance with the

law the land embraced therein shall be certified over to the State

by the Secretary of the Interior or such officer as he may

designate.

-SOURCE-

(R.S. Secs. 2485-2487; 1946 Reorg. Plan No. 3, Sec. 403, eff. July

16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

R.S. Sec. 2485 derived from acts July 23, 1866, ch. 219, Sec. 1,

14 Stat. 218; Mar. 3, 1875, ch. 139, Sec. 7, 18 Stat. 475. R.S.

Secs. 2486, 2487 are from act July 23, 1866, ch. 219, Sec. 23, 14

Stat. 219.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

In second par., "register of the land office," changed to

"officer, as the Secretary of the Interior may designate, of the

land office,"; "registers of the several land offices," changed to

"officers, as the Secretary may designate, of the several land

offices,"; first reference to "Commissioner of the General Land

Office" changed to "Secretary of the Interior, or such officer as

he may designate,"; "Bureau of Land Management" substituted for

"General Land Office"; and second reference to "Commissioner of the

General Land Office" changed to "Secretary or such officer", on

authority of section 403 of Reorg. Plan No. 3 of 1946. In third

par., "register" changed to "officer as the Secretary of the

Interior may designate", and "Commissioner of the General Land

Office" changed to "Secretary of the Interior or such officer as he

may designate", on authority of that plan. See note set out under

section 1 of this title.

-End-

-CITE-

43 USC Sec. 866 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 866. Exchange of cut over land in Montana

-STATUTE-

Tracts of timbered lands prior to February 14, 1923, granted to

the State of Montana for educational purposes, from which the

timber has been cut or removed pursuant to State laws, may, under

such rules and regulations as the legislature of said State shall

prescribe, be exchanged for other lands of like character and

approximately of equal value, in private ownership, which exchanged

land shall be subject to the same requirements and limitations to

the end that the State may acquire holdings in reasonably compact

form and reforesting be undertaken in an economic manner, anything

in the enabling act of said State to the contrary notwithstanding.

-SOURCE-

(Feb. 14, 1923, ch. 74, 42 Stat. 1245.)

-REFTEXT-

REFERENCES IN TEXT

The enabling act of Montana, referred to in text, is act Feb. 22,

1889, ch. 180, 25 Stat. 676. For complete classification of this

Act to the Code, see Tables.

-End-

-CITE-

43 USC Sec. 867 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 867. Omitted

-COD-

CODIFICATION

Section, R.S. Sec. 2377; act June 20, 1874, ch. 330, 18 Stat.

111, related to extension of obsolete section 829 of this title to

reissue of agricultural land scrip, canceled, or destroyed without

the fault of the owner thereof.

-End-

-CITE-

43 USC Sec. 868 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 868. Representation of Indian claimants in suits to determine

right to school lands

-STATUTE-

In any suit instituted in the Supreme Court of the United States

to determine the right of a State to what are commonly known as

school lands within any Indian Reservation or any Indian cession

where an Indian tribe claims any right to or interest in the lands

in controversy, or in the disposition thereof by the United States,

the right of such State may be fully tested and determined without

making the Indian tribe, or any portion thereof, a party to the

suit if the Secretary of the Interior is made a party thereto; and

the duty of representing and defending the right or interest of the

Indian tribe, or any portion thereof, in the matter shall devolve

upon the Attorney General upon the request of such Secretary.

-SOURCE-

(Mar. 2, 1901, ch. 808, 31 Stat. 950.)

-End-

-CITE-

43 USC Sec. 869 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 869. Disposal of lands for public or recreational purposes

-STATUTE-

(a) Application; conditions; classification; restoration if not

applied for

The Secretary of the Interior upon application filed by a duly

qualified applicant under section 869-1 of this title may, in the

manner prescribed by sections 869 to 869-4 of this title, dispose

of any public lands to a State, Territory, county, municipality, or

other State, Territorial, or Federal instrumentality or political

subdivision for any public purposes, or to a nonprofit corporation

or nonprofit association for any recreational or any public purpose

consistent with its articles of incorporation or other creating

authority. Before the land may be disposed of under sections 869 to

869-4 of this title it must be shown to the satisfaction of the

Secretary that the land is to be used for an established or

definitely proposed project, that the land involved is not of

national significance nor more than is reasonably necessary for the

proposed use, and that for proposals of over 640 acres

comprehensive land use plans and zoning regulations applicable to

the area in which the public lands to be disposed of are located

have been adopted by the appropriate State or local authority. The

Secretary shall provide an opportunity for participation by

affected citizens in disposals under sections 869 to 869-4 of this

title, including public hearings or meetings where he deems it

appropriate to provide public comments, and shall hold at least one

public meeting on any proposed disposal of more than six hundred

forty acres under sections 869 to 869-4 of this title. The

Secretary may classify public lands in Alaska for disposition under

sections 869 to 869-4 of this title. Lands so classified may not be

appropriated under any other public land law unless the Secretary

revises such classification or authorizes the disposition of an

interest in the lands under other applicable law. If, within

eighteen months following such classification, no application has

been filed for the purpose for which the lands have been so

classified, then the Secretary shall restore such lands to

appropriation under the applicable public land laws.

(b) Acreage limitations

Conveyances made in any one calendar year shall be limited as

follows:

(i) For recreational purposes:

(A) To any State or the State park agency or any other agency

having jurisdiction over the State park system of such State

designated by the Governor of that State as its sole

representative for acceptance of lands under this provision,

hereinafter referred to as the State, or to any political

subdivision of such State, six thousand four hundred acres, and

such additional acreage as may be needed for small roadside

parks and rest sites of not more than ten acres each.

(B) To any nonprofit corporation or nonprofit association,

six hundred and forty acres.

(C) No more than twenty-five thousand six hundred acres may

be conveyed for recreational purposes under sections 869 to

869-4 of this title in any one State per calendar year. Should

any State or political subdivision, however, fail to secure, in

any one year, six thousand four hundred acres, not counting

lands for small roadside parks and rest sites, conveyances may

be made thereafter if pursuant to an application on file with

the Secretary of the Interior on or before the last day of said

year and to the extent that the conveyance would not have

exceeded the limitations of said year.

(ii) For public purposes other than recreation:

(A) To any State or agency or instrumentality thereof, for

any one program, six hundred and forty acres.

(B) To any political subdivision of a State, six hundred and

forty acres.

(C) To any nonprofit corporation or nonprofit association,

six hundred and forty acres.

(c) Lands withdrawn in aid of functions of a department, agency,

State, etc.; lands excepted from disposal

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 sections 869 to

869-4 of this title only with the consent of such Federal

department or agency, or of such State, Territory, or local

governmental unit. Nothing in sections 869 to 869-4 of this title

shall be construed to apply to lands in any national forest,

national park, or national monument, or national wildlife refuge,

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, or, except insofar as sections 869 to

869-4 of this title apply to leases of land to States and counties

and to State and Federal instrumentalities and political

subdivisions and to municipal corporations, to the revested Oregon

and California Railroad grant lands and the reconveyed Coos Bay

Wagon Road grant lands in the State of Oregon. Nor shall any

disposition be made under sections 869 to 869-4 of this title for

any use authorized under any other law, except for a use authorized

under sections 682a to 682e (!1) of this title.

-SOURCE-

(June 14, 1926, ch. 578, Sec. 1, 44 Stat. 741; June 4, 1954, ch.

263, 68 Stat. 173; Pub. L. 86-66, Sec. 2, June 23, 1959, 73 Stat.

110; Pub. L. 86-292, Sec. 1, Sept. 21, 1959, 73 Stat. 571; Pub. L.

86-755, Sept. 13, 1960, 74 Stat. 899; Pub. L. 94-579, title II,

Sec. 212(a), (b), Oct. 21, 1976, 90 Stat. 2759.)

-REFTEXT-

REFERENCES IN TEXT

Sections 682a to 682e of this title, referred to in subsec. (c),

were repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21,

1976, 90 Stat. 2787.

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-579, Sec. 212(a), inserted

provisions requiring lands proposed to be disposed not to be of

national significance nor more than reasonably necessary for the

proposed use, provisions relating to proposals of over 640 acres,

and provisions relating to participation by affected individuals.

Subsec. (b)(1). Pub. L. 94-579, Sec. 212(b), in cl. (A) inserted

reference to State political subdivision and struck out limitation

of three sites, limitation of six sites for calendar years 1960,

1961, and 1962, and proviso for additional sites where conveyances

in one year did not meet the authorized number, in cl. (B)

substituted "nonprofit corporation or nonprofit association" for

"political subdivision of a State", and in cl. (C) substituted

provisions relating to authorization for a calendar year, for

provisions authorizing six hundred and forty acres to any nonprofit

corporation or association.

1960 - Subsec. (b)(i)(A). Pub. L. 86-755 inserted "or the State

park agency or any other agency having jurisdiction over the State

park system of said State designated by the Governor of that State

as its sole representative for acceptance of lands under this

provision," after "State" and inserted proviso.

1959 - Subsec. (b). Pub. L. 86-292 substituted acreage

limitations making special allowances to States for recreational

areas for provision which limited conveyance to 640 acres to any

one grantee in any one calendar year.

Subsec. (c). Pub. L. 86-66 substituted provisions making sections

869 to 869-4 of this title inapplicable, except insofar as those

sections apply to leases of land to States and counties and to

State and Federal instrumentalities and political subdivisions and

to municipal corporations, to revested Oregon and California

Railroad grant lands and reconveyed Coos Bay Wagon Road grant lands

in the State of Oregon, for provisions which made those sections

inapplicable to the revested Oregon and California Railroad grant

lands and reconveyed Coos Bay Wagon Road grant lands.

1954 - Act June 4, 1954, divided provisions of act June 14, 1926,

on which this section is based, into separate sections (now set out

as this section and sections 869-1 to 869-4 of this title), and

changed provisions generally to broaden authority of Secretary of

the Interior to dispose of public lands for public purposes (1) by

including provisions for disposal thereof to Territories (including

Alaska), other political subdivisions, and nonprofit corporations

and associations rather than to States, counties, and

municipalities only, (2) by permitting the disposal thereof for

"public" purposes, rather than merely for "recreational" purposes

as theretofore, (3) by striking out "nonmineral" in describing the

lands which may be so disposed of, (4) by inserting limitation

provisions set out in subsecs. (b) and (c) of this section, (5) by

amending and transferring to section 2 of that act (section 869-1

of this title) provisions governing methods of, and conditions with

respect to the, disposing of the lands for those purposes (see

Prior Provisions note set out under section 869-1 of this title),

including provision for the reservation of mineral deposits, (6) by

amending and transferring to section 3 of that act (section 869-2

of this title) provisions with respect to reversion of the lands to

the United States in certain cases (see Prior Provisions note set

out under section 869-2 of this title), (7) by enacting, as section

4 of that act, provisions set out as section 869-3 of this title,

and (8) by inserting provision in this section that disposals

should be made "upon application by a duly qualified applicant"

under section 869-1 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Pub. L. 86-755 provided that the amendment made by Pub. L. 86-755

is effective Sept. 21, 1959.

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-648, Sec. 1, Nov. 10, 1988, 102 Stat. 3813, provided

that: "This Act [amending section 869-2 of this title and enacting

provisions set out as notes under section 869-2 of this title] may

be cited as the 'Recreation and Public Purposes Amendment Act of

1988'."

SHORT TITLE

Act June 14, 1926, ch. 578, 44 Stat. 741, which enacted sections

869 to 869-4 of this title, is popularly known as the "Recreation

and Public Purposes Act".

SAVINGS PROVISION

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869-2, 869-3, 869-4, 1721

of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 869-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 869-1. Sale or lease to State or nonprofit organization;

reservation of mineral deposits; termination of lease for nonuse

-STATUTE-

The Secretary of the Interior may after due consideration as to

the power value of the land, whether or not withdrawn therefor, (a)

sell such land to the State, Territory, county, or other State,

Territorial, or Federal instrumentality or political subdivision in

which the lands are situated, or to a nearby municipal corporation

in the same State or Territory, for the purpose for which the land

has been classified, and conveyances of such land for

historic-monument purposes or recreational purposes under this

section shall be made without monetary consideration, while

conveyances for any other purpose under this section shall be made

at a price to be fixed by the Secretary of the Interior through

appraisal or otherwise, after taking into consideration the purpose

for which the lands are to be used, (b) lease such land to the

State, Territory, county, or other State, Territorial, or Federal

instrumentality or political subdivision in which the lands are

situated, or to a nearby municipal corporation in the same State or

Territory, for the purpose for which the land has been classified,

at a reasonable annual rental, except that leases of such lands for

recreational purposes shall be made without monetary consideration,

for a period up to twenty-five years, and, at the discretion of the

Secretary, with a privilege of renewal for a like period, (c) sell

such land to a nonprofit corporation or nonprofit association, for

the purpose for which the land has been classified, at a price to

be fixed by the Secretary of the Interior through appraisal, after

taking into consideration the purpose for which the lands are to be

used, or (d) lease such land to a nonprofit corporation or

nonprofit association at a reasonable annual rental, for a period

up to twenty years, and, at the discretion of the Secretary, with a

privilege of renewal for a like period. Each patent or lease so

issued shall contain a reservation to the United States of all

mineral deposits in the lands conveyed or leased and of the right

to mine and remove the same, under applicable laws and regulations

to be established by the Secretary. Each lease shall contain a

provision for its termination upon a finding by the Secretary that

the land has not been used by the lessee for the purpose specified

in the lease for such period, not over five years, as may be

specified in the lease, or that such land or any part thereof is

being devoted to another use.

-SOURCE-

(June 14, 1926, ch. 578, Sec. 2, as added June 4, 1954, ch. 263, 68

Stat. 174; amended Pub. L. 89-457, Sec. 1, June 20, 1966, 80 Stat.

210; Pub. L. 94-579, title II, Sec. 212(c), (d), Oct. 21, 1976, 90

Stat. 2760.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were formerly

contained in section 869 of this title. See 1954 Amendment note set

out under that section. Those prior provisions did not require, as

in this section, the Secretary of the Interior to take into account

the possible power value of the lands, whether withdrawn therefor,

or not, before authorizing any disposal of them under section 869

of this title; did not provide, as in this section, for the sale or

lease of those lands to Federal instrumentalities, to Territories

and to political subdivisions other than States, counties, and

municipalities, and to nonprofit corporations and associations; and

did not provide, as in this section, that conveyances of that land

for historic-monument purposes should be made without monetary

consideration. See section 869 of this title.

AMENDMENTS

1976 - Pub. L. 94-579 in cl. (a) inserted reference to

recreational purposes and in cl. (b) inserted reference to leases

for recreational purposes.

1966 - Pub. L. 89-457 authorized an increase in the period of a

lease under cl. (b) from twenty to twenty-five years.

SAVINGS PROVISION

Amendment 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.

PERIOD OF LEASES

Section 2 of Pub. L. 89-457 provided that: "Upon application by a

lessee holding a lease under the Recreation and Public Purposes Act

[sections 869 to 869-4 of this title] the Secretary of the Interior

may enter into a new lease for a term not to exceed twenty-five

years from the date of the new lease."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869, 869-2, 869-3, 869-4,

1721 of this title.

-End-

-CITE-

43 USC Sec. 869-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 869-2. Conditions of transfer by grantee; solid waste disposal

-STATUTE-

(a) Conditions of transfer by grantee

Title to lands conveyed by the Government under sections 869 to

869-4 of this title may not be transferred by the grantee or its

successor except, with the consent of the Secretary of the

Interior, to a transferee which would be a qualified grantee under

section 869-1(a) or 869-1(c) of this title and subject to the

acreage limitation contained in section 869(b) of this title. A

grantee or its successor may not change the use specified in the

conveyance to another or additional use except, with the consent of

the Secretary, to a use for which such grantee or its successor

could obtain a conveyance under sections 869 to 869-4 of this

title. If at any time after the lands are conveyed by the

Government, the grantee or its successor attempts to transfer title

to or control over these lands to another or the lands are devoted

to a use other than that for which the lands were conveyed, without

the consent of the Secretary, title to the lands shall revert to

the United States.

(b) New disposal sites

(1) Notwithstanding the provisions of subsection (a) of this

section, if the Secretary receives an application for conveyance of

land under sections 869 to 869-4 of this title for the express

purpose of solid waste disposal or for another purpose which the

Secretary finds may include the disposal, placement, or release of

any hazardous substance, the Secretary may convey such land subject

only to the provisions of this subsection.

(2) Prior to issuance of any conveyance of land under this

subsection the Secretary shall investigate the land covered by an

application for such conveyance to determine whether or not any

hazardous substance is present on such land. Such investigation

shall include a review of any available records as to the use of

such land and all appropriate analysis of the soil, water and air

associated with such land. No land shall be conveyed under this

subsection if such investigation indicates that any hazardous

substance is present on such land.

(3) No application for conveyance under this subsection shall be

acted on by the Secretary until the applicant has furnished

evidence, satisfactory to the Secretary, that a copy of the

application and information concerning the proposed use of the land

covered by the application has been provided to the Environmental

Protection Agency and to all other State and Federal agencies with

responsibility for enforcement of State and Federal laws applicable

to lands used for the disposal, placement, or release of solid

waste or any hazardous substance.

(4) No application for conveyance under this subsection shall be

acted on by the Secretary until the applicant has given a warranty

that use of the land covered by the application will be consistent

with all applicable State and Federal laws, including laws dealing

with the disposal, placement, or release of hazardous substances,

and that the applicant will hold the United States harmless from

any liability that may arise out of any violation of any such law.

(5) A conveyance under this subsection shall be made to the

extent that the applicant has demonstrated to the Secretary that

the land covered by an application meets all applicable State and

local requirements and is appropriate in character and reasonable

in acreage in order to meet an existing or reasonably anticipated

need for solid waste disposal or for another proposed use that the

Secretary finds may include the disposal, placement, or release of

any hazardous substance.

(6) A conveyance under this subsection shall be subject to the

following conditions:

(A) Except as otherwise provided in subparagraphs (B) and (D)

of this paragraph, the document of conveyance shall provide that

the lands conveyed under this subsection shall revert to the

United States, unless substantially all of the lands have been

used, on or before the date five years after the date of

conveyance, for the purpose or purposes specified in the

application, or for other use or uses authorized under subsection

(a) of this section with the consent of the Secretary.

(B) In the event that at any time after such conveyance any

portion of such lands has not been used for the purpose or

purposes specified in the application, and the party to whom such

lands were conveyed by the Secretary shall transfer ownership of

such unused portion to any other party, the party to whom such

lands were conveyed by the Secretary shall be liable to pay the

Secretary, on behalf of the United States, the fair market value

of such transferred portion as of the date of such transfer,

including the value of any improvements thereon. Subject to

appropriations, all amounts received by the Secretary under this

subparagraph shall be retained by the Secretary and used for the

management of public lands and shall remain available until

expended.

(C) Pricing for conveyances of land under this subsection shall

be in accordance with the provisions of section 869-1 of this

title, except that no compensation shall be required for the

inclusion of only the limited reverter specified in this

paragraph.

(D) Each patent issued under this subsection shall specify that

no portion of the lands covered by such patent shall under any

circumstances revert to the United States if such portion has

been used for solid waste disposal or for any other purpose that

the Secretary finds may result in the disposal, placement, or

release of any hazardous substance.

(7) For purposes of this section the term "hazardous substance"

has the same meaning as such term has when used in the

Comprehensive Environmental Response, Compensation, and Liability

Act (42 U.S.C. 9601 et seq.).

(c) Existing disposal sites

(1) Upon the application or with the concurrence of any party to

whom the Secretary, prior to November 10, 1988, conveyed land under

sections 869 to 869-4 of this title, the Secretary may renounce the

reversionary interests of the United States in such land, or

portion thereof, if the Secretary finds that such land, or portion

thereof, has been used for solid waste disposal or for any other

purpose which the Secretary finds may result in the disposal,

placement, or release of any hazardous substance, and the Secretary

may rescind any portion of any patent or other instrument of

conveyance inconsistent with such renunciation. After such

renunciation, affected lands shall not under any circumstances

revert to the United States by the operation of law, and shall

cease to be subject to the provisions of subsection (a) of this

section.

(2) Upon the application or with the concurrence of a party to

whom the Secretary, prior to November 10, 1988, leased lands

pursuant to sections 869 to 869-4 of this title, the Secretary may

convey in fee the lands covered by such lease or any portion

thereof which have been used for solid waste disposal or for any

other purpose that the Secretary finds may result in the disposal,

placement, or release of any hazardous substance. Notwithstanding

any other provision of sections 869 to 869-4 of this title, a

patent issued pursuant to this paragraph shall not contain a

reverter provision and the lands covered by such patent shall not

under any circumstances revert to the United States by operation of

law after the issuance of such patent and shall not be subject to

the provisions of subsection (a) of this section.

-SOURCE-

(June 14, 1926, ch. 578, Sec. 3, as added June 4, 1954, ch. 263, 68

Stat. 175; amended Pub. L. 86-292, Sec. 2, Sept. 21, 1959, 73 Stat.

571; Pub. L. 100-648, Sec. 2, Nov. 10, 1988, 102 Stat. 3813.)

-REFTEXT-

REFERENCES IN TEXT

The Comprehensive Environmental Response, Compensation, and

Liability Act, referred to in subsec. (b)(7), probably means the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as

amended, which is classified principally to chapter 103 (Sec. 9601

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 9601 of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior provisions on the subject of reverter were formerly

contained in section 869 of this title. See 1954 Amendment note set

out under that section. Those prior provisions permanently

restricted the lands conveyed to a single use, and did not provide,

as in this section, for transfer by the original grantee or its

successor.

AMENDMENTS

1988 - Pub. L. 100-648 designated existing provision as subsec.

(a) and added subsecs. (b) and (c).

1959 - Pub. L. 86-292 struck out sentence which provided that

this section should cease to be in effect as to any lands patented

under sections 869 to 869-4 of this title twenty-five years after

the issuance of patent for such lands.

SAVINGS PROVISIONS

Section 3 of Pub. L. 100-648 provided that: "Nothing in this Act

[amending section 869-2 of this title and enacting provisions set

out as notes under sections 869 and 869-2 of this title] or the

amendments made thereby shall be construed to affect the

applicability and operation of the Comprehensive Environmental

Response, Compensation[,] and Liability Act [of 1980] (42 U.S.C.

9601 et seq.) as amended, and the Resource Conservation and

Recovery Act of 1976 (42 U.S.C. 6901 et seq.), as amended."

CONGRESSIONAL REVIEW OF CONVEYANCE OF LAND OR RENUNCIATION OF

REVERSIONARY INTERESTS

Section 4 of Pub. L. 100-648 provided that:

"(a) The Secretary shall not make any conveyance of land or

renunciation of reversionary interests under this Act [amending

section 869-2 of this title and enacting provisions set out as

notes under sections 869 and 869-2 of this title] until he has

published in the Federal Register regulations implementing this Act

and until sixty days (not counting days on which the House of

Representatives or the Senate has adjourned for more than three

days) after these regulations have been submitted to the Committee

on Energy and Natural Resources of the Senate and the Committee on

Interior and Insular Affairs of the House of Representatives.

[Implementing regulations were published in the Federal Register

July 23, 1992, 57 F.R. 32730.]

"(b) During the first three years after enactment of this Act

[Nov. 10, 1988] the Secretary shall not make any conveyance of land

or renunciation of reversionary interests under this Act until

thirty days (not counting days on which the House of

Representatives or the Senate has adjourned for more than three

days) after notice of intention to do so has been submitted to the

Committee on Energy and Natural Resources of the Senate and the

Committee on Interior and Insular Affairs of the House of

Representatives."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869, 869-3, 869-4, 1721

of this title.

-End-

-CITE-

43 USC Sec. 869-3 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 869-3. Authority for transfers; applicability of section 869-2

to prior patents; termination of restrictions

-STATUTE-

The Secretary may authorize transfers of title or changes in use

in accordance with the provisions of section 869-2 of this title

with respect to any patent heretofore issued under any Act upon

application by a patentee qualified to obtain a conveyance under

section 869-1(a) or 869-1(c) of this title. If the Secretary,

pursuant to such an application, authorizes such transfer or use,

all reverter provisions and other limitations on transfer or use,

under sections 869 to 869-4 of this title or any other Act

affecting the lands involved, shall cease to be in effect

twenty-five years after the Secretary authorizes the transfer or

use for a changed or additional purpose under the provisions of

this section.

-SOURCE-

(June 14, 1926, ch. 578, Sec. 4, as added June 4, 1954, ch. 263, 68

Stat. 175.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869, 869-2, 869-4, 1721

of this title.

-End-

-CITE-

43 USC Sec. 869-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 869-4. Disposition of moneys received from or on account of

revested Oregon and California Railroad grant lands or reconveyed

Coos Bay Wagon Road grant lands

-STATUTE-

All moneys received from or on account of any revested Oregon and

California Railroad grant lands or reconveyed Coos Bay Wagon Road

grant lands under sections 869 to 869-4 of this title shall be

deposited respectively in the Oregon and California land-grant fund

and the Coos Bay Wagon Road grant fund, and shall be applied in the

manner prescribed respectively by section 1181f of this title, and

by sections 1181f-1 to 1181f-4 of this title.

-SOURCE-

(June 14, 1926, ch. 578, Sec. 6, as added Pub. L. 86-66, Sec. 3,

June 23, 1959, 73 Stat. 111.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869, 869-2, 869-3, 1721

of this title.

-End-

-CITE-

43 USC Sec. 869a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 869a. Repealed. Pub. L. 86-66, Sec. 1, June 23, 1959, 73 Stat.

110

-MISC1-

Section, act Apr. 13, 1928, ch. 370, Secs. 1, 2, 45 Stat. 429,

extended provisions of section 869 of this title to former Oregon

and California Railroad grant lands revested in the United States

and to former Coos Bay Wagon Road grant lands reconveyed to the

United States.

-End-

-CITE-

43 USC Sec. 870 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 870. Grants of land in aid of common or public schools;

extension to those mineral in character; effect of leases

-STATUTE-

Subject to the provisions of subsections (a), (b), and (c) of

this section, the several grants to the States of numbered sections

in place for the support or in aid of common or public schools be,

and they are, extended to embrace numbered school sections mineral

in character, unless land has been granted to and/or selected by

and certified or approved, to any such State or States as indemnity

or in lieu of any land so granted by numbered sections.

(a) The grant of numbered mineral sections under this section

shall be of the same effect as prior grants for the numbered

nonmineral sections, and titles to such numbered mineral sections

shall vest in the States at the time and in the manner and be

subject to all the rights of adverse parties recognized by existing

law in the grants of numbered nonmineral sections.

(b) The additional grant made by this section is upon the express

condition that all sales, grants, deeds, or patents for any of the

lands so granted shall hereafter be subject to and contain a

reservation to the State of all the coal and other minerals in the

lands so sold, granted, deeded, or patented, together with the

right to prospect for, mine, and remove the same. The coal and

other mineral deposits in such lands not heretofore disposed of by

the State shall be subject to lease by the State as the State

legislature may direct, the proceeds and rentals and royalties

therefrom to be utilized for the support or in aid of the common or

public schools: Provided, That any lands or minerals hereafter

disposed of contrary to the provisions of this section shall be

forfeited to the United States by appropriate proceedings

instituted by the Attorney General for that purpose in the United

States district court for the district in which the property or

some part thereof is located.

(c) Except as provided in subsection (d) of this section, any

lands included within the limits of existing reservations of or by

the United States, or specifically reserved for water-power

purposes, or included in any pending suit or proceeding in the

courts of the United States, or subject to or included in any valid

application, claim, or right initiated or held under any of the

existing laws of the United States, unless or until such

reservation, application, claim, or right is extinguished,

relinquished, or canceled, and all lands in the Territory of

Alaska, are excluded from the provisions of this section.

(d)(1) Notwithstanding subsection (c) of this section, the fact

that there is outstanding on any numbered school section, whether

or not mineral in character, at the time of its survey a mineral

lease or leases entered into by the United States, or an

application therefor, shall not prevent the grant of such numbered

school section to the State concerned as provided by this section

and section 871 of this title.

(2) Any such numbered school section which has been surveyed

prior to July 11, 1956, and which has not been granted to the State

concerned solely by reason of the fact that there was outstanding

on it at the time of the survey a mineral lease or leases entered

into by the United States, or an application therefor, is hereby

granted by the United States to such State under this section as if

it had not been so leased; and the State shall succeed the position

of the United States as lessor under such lease or leases.

(3) Any such numbered school section which is surveyed on or

after July 11, 1956, and on which there is outstanding at the time

of such survey a mineral lease or leases entered into by the United

States, shall (unless excluded from the provisions of this section

by subsection (c) of this section for a reason other than the

existence of an outstanding lease) be granted to the State

concerned immediately upon completion of such survey; and the State

shall succeed to the position of the United States as lessor under

such lease or leases.

(4) The Secretary of the Interior shall, upon application by a

State, issue patents to the State for the lands granted by this

section and section 871 of this title, in accordance with section

871a (!1) of this title. Such patent shall, if the lease is then

outstanding, include a statement that the State succeeded to the

position of the United States as lessor at the time the title

vested in the State.

(5) Where at the time rents, royalties, and bonuses accrue the

lands or deposits covered by a single lease are owned in part by

the State and in part by the United States, the rents, royalties,

and bonuses shall be allocated between them in proportion to the

acreage in said lease owned by each.

(6) As used in this subsection, "lease" includes "permit" and

"lessor" includes "grantor".

-SOURCE-

(Jan. 25, 1927, ch. 57, Sec. 1, 44 Stat. 1026; May 2, 1932, ch.

151, Sec. 1, 47 Stat. 140; Apr. 22, 1954, ch. 169, 68 Stat. 57;

July 11, 1956, ch. 572, 70 Stat. 529.)

-REFTEXT-

REFERENCES IN TEXT

Section 871a of this title, referred to in subsec. (d)(4), was

repealed by Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976,

90 Stat. 2792.

-MISC1-

AMENDMENTS

1956 - Subsec. (d). Act July 11, 1956, provided that numbered

school sections under mineral leases may be granted to a State,

whether or not the sections are mineral in character, and added

subpar. (6).

1954 - Subsec. (c). Act Apr. 22, 1954, Sec. 2, substituted

"Except as provided in subsection (d) of this section, any" for

"any".

Subsec. (d). Act Apr. 22, 1954, Sec. 1, added subsec. (d).

1932 - Subsec. (b). Act May 2, 1932, inserted "hereafter" in two

places and "not heretofore disposed of by the State" after "mineral

deposits in such lands".

Subsec. (c). Act May 2, 1932, inserted "reservation" before

"application".

EFFECTIVE DATE OF 1932 AMENDMENT

Section 2 of act May 2, 1932, provided that: "This amendatory Act

[amending this section] shall take effect as of January 25, 1927;

and in any case in which a State has selected lieu lands since such

date under the Act approved February 28, 1891 (26 Stat. 796)

[sections 851 and 852 of this title], and still retains title

thereto, such State may, within ninety days after the date of the

enactment of this Act [May 2, 1932], relinquish to the United

States all right, title, and interest in such lands and shall

thereupon be entitled to all the benefits of the Act of January 25,

1927 [sections 870 and 871 of this title], as amended by this Act."

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 871 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 871 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 871. Certain grants and laws unaffected

-STATUTE-

Nothing contained in section 870 of this title is intended or

shall be held or construed to increase, diminish, or affect the

rights of States under grants other than for the support of common

or public schools by numbered school sections in place, and said

section shall not apply to indemnity or lieu selections or

exchanges or the right after January 25, 1927, to select indemnity

for numbered school sections in place lost to the State under the

provisions of said section or any Acts, and all existing laws

governing such grants and indemnity or lieu selections and

exchanges are continued in full force and effect.

-SOURCE-

(Jan. 25, 1927, ch. 57, Sec. 2, 44 Stat. 1027.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 870 of this title.

-End-

-CITE-

43 USC Sec. 871a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 871a. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, act June 21, 1934, ch. 689, 48 Stat. 1185, authorized

issuance of patents to numbered school sections granted for support

of common schools.

EFFECTIVE DATE OF REPEAL

Section 705(a) of Pub. L. 94-579 provided that the repeal made by

that section is 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.

-End-

-CITE-

43 USC Sec. 872 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-

Sec. 872. Conveyances to United States in connection with

applications for amendment of patented entries or for exchange of

land, etc.; withdrawal or rejection of applications;

reconveyances

-STATUTE-

Where a conveyance of land has been made or may hereafter be made

to the United States in connection with an application for

amendment of a patented entry or entries, or an exchange of lands,

or for any other purpose, and the application in connection with

which the conveyance was made is thereafter withdrawn or rejected,

the Secretary of the Interior or such officer as he may designate

is authorized and directed, if the deed of conveyance has been

recorded, to execute a quitclaim deed of the conveyed land to the

party or parties entitled thereto.

-SOURCE-

(Apr. 28, 1930, ch. 219, Sec. 6, 46 Stat. 257; 1946 Reorg. Plan No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior under this section, with

respect to execution of quitclaim deeds for lands conveyed to

United States in connection with exchange transactions involving

lands under jurisdiction of Secretary of Agriculture, 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.

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Secretary of the Interior or such officer as he may designate"

substituted for "Commissioner of the General Land Office" on

authority of section 403 of Reorg. Plan No. 3 of 1946. See note set

out under section 1 of this title.

-End-

-CITE-

43 USC Sec. 873 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

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Sec. 873. Lands granted for erecting public buildings; purpose of

grant

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In any case in which public lands of the United States have been

granted to a State, before May 16, 1958, for the purpose of

erecting public buildings at the capital of such State for

legislative, executive, and judicial purposes, the purpose of such

grant shall be deemed to include construction, reconstruction,

repair, renovation, and other permanent improvements of such public

buildings, the acquisition of necessary land for such buildings,

furnishings and equipment for such buildings, and the payment of

principal and interest on bonds issued for any such purpose.

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(Pub. L. 85-411, May 16, 1958, 72 Stat. 117.)

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