US (United States) Code. Title 43. Chapter 23: Grants of swamp and overflowed lands

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

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publicidad

-CITE-

43 USC CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-MISC1-

Sec.

981. Indemnity to States on sale of lands.

982. Grant to States to aid in construction of levees and

drains.

983. Lists and plats of lands, for governors of States.

984. Legal subdivisions mostly wet and unfit for

cultivation.

985. Omitted.

986. Selection of lands confirmed.

987. Lands to be certified to State within one year.

988. Act extended to Minnesota and Oregon.

989. Homestead entries by purchasers from Missouri of lands

declared not to be swamp lands.

990. Grant to Missouri.

991. Title of purchasers of unconfirmed lands in Arkansas

confirmed.

992. Sale of erroneously designated water-covered areas in

Arkansas.

993. Sale of lands in Louisiana; preference rights;

application for purchase; appraisal; payment for

land.

994. Sale of lands in Wisconsin.

-End-

-CITE-

43 USC Sec. 981 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 981. Indemnity to States on sale of lands

-STATUTE-

Upon proof by the authorized agent of the State, before the

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

any of the lands purchased by any person from the United States,

prior to March 2, 1855, were "swamp lands", within the true intent

and meaning of the Act entitled "An Act to enable the State of

Arkansas and other States to reclaim the swamp lands within their

limits", approved September 28, 1850, the purchase money shall be

paid over to the State wherein said land is situate; and when the

lands have been located by warrant or scrip, the said State shall

be authorized to locate a like quantity of any of the public lands

subject to entry, at $1.25 per acre, or less, and patents shall

issue therefor. The decision of the Secretary or such officer shall

be first approved by the Secretary of the Interior.

-SOURCE-

(R.S. Sec. 2482; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

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

-REFTEXT-

REFERENCES IN TEXT

Act approved September 28, 1850, referred to in text, is act

Sept. 28, 1850, ch. 84, 9 Stat. 519, which is not classified to the

Code.

-COD-

CODIFICATION

R.S. Sec. 2482 derived from act Mar. 2, 1855, ch. 147, Sec. 2, 10

Stat. 634, 635.

-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, which

abolished General Land Office and Commissioner thereof and

transferred functions of General Land Office to a new agency in

Department of the Interior to be known as Bureau of Land

Management. See section 403 of Reorg. Plan No. 3 of 1946, set out

as a note under section 1 of this title.

-End-

-CITE-

43 USC Sec. 982 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 982. Grant to States to aid in construction of levees and

drains

-STATUTE-

To enable the several States (but not including the States of

Kansas, Nebraska, and Nevada) to construct the necessary levees and

drains, to reclaim the swamp and overflowed lands therein - the

whole of the swamp and overflowed lands, made unfit thereby for

cultivation, and remaining unsold on or after the 28th day of

September, A.D. 1850, are granted and belong to the several States

respectively, in which said lands are situated: Provided, however,

That said grant of swamp and overflowed lands, as to the States of

California, Minnesota, and Oregon, is subject to the limitations,

restrictions and conditions hereinafter named and specified in this

chapter, as applicable to said three last-named States

respectively.

-SOURCE-

(R.S. Sec. 2479.)

-COD-

CODIFICATION

R.S. Sec. 2479 derived from acts Sept. 28, 1850, ch. 84, Secs. 1,

4, 9 Stat. 520; Mar. 12, 1860, ch. 5, Sec. 1, 12 Stat. 3; Feb. 19,

1874, ch. 30, 18 Stat. 16.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 864, 988 of this title.

-End-

-CITE-

43 USC Sec. 983 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 983. Lists and plats of lands, for governors of States

-STATUTE-

It shall be the duty of the Secretary of the Interior, to make

accurate lists and plats of all such lands, and transmit the same

to the governors of the several States in which such lands may lie,

and at the request of the governor of any State in which said swamp

and overflowed lands may be, to cause patents to be issued to said

State therefor, conveying to said State the fee simple of said

land.

The proceeds of said lands, whether from sale or by direct

appropriation in kind, shall be applied exclusively, as far as

necessary, to the reclaiming said lands, by means of levees and

drains.

-SOURCE-

(R.S. Sec. 2480.)

-COD-

CODIFICATION

R.S. Sec. 2480 derived from act Sept. 28, 1850, ch. 84, Sec. 2, 9

Stat. 519.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 864, 988 of this title.

-End-

-CITE-

43 USC Sec. 984 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 984. Legal subdivisions mostly wet and unfit for cultivation

-STATUTE-

In making out lists and plats of the lands aforesaid all legal

subdivisions, the greater part whereof is wet and unfit for

cultivation, shall be included in said lists and plats, but when

the greater part of a subdivision is not of that character, the

whole of it shall be excluded therefrom.

-SOURCE-

(R.S. Sec. 2481.)

-COD-

CODIFICATION

R.S. Sec. 2481 derived from act Sept. 28, 1850, ch. 84, Sec. 3, 9

Stat. 519.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 864, 988 of this title.

-End-

-CITE-

43 USC Sec. 985 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 985. Omitted

-COD-

CODIFICATION

Section, R.S. Sec. 2483, authorized the issuance of patents to

purchasers or locators who have made entries on public lands

claimed as swamp lands.

-End-

-CITE-

43 USC Sec. 986 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 986. Selection of lands confirmed

-STATUTE-

All land selected and reported to the General Land Office as

swamp and overflowed land by the several States entitled to the

provisions of said Act of September 28, 1850, prior to March 3,

A.D. 1857, are confirmed to said States respectively so far as the

same remained vacant and unappropriated and not interfered with by

an actual settlement under any law of the United States.

-SOURCE-

(R.S. Sec. 2484.)

-COD-

CODIFICATION

R.S. Sec. 2484 derived from act Mar. 3, 1857, ch. 117, 11 Stat.

251.

-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.

General Land Office and office of Commissioner of General Land

Office abolished by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July

16, 1946, 11 F.R. 7876, 60 Stat. 1100. Functions of former

transferred to Bureau of Land Management, and functions of latter

transferred to Secretary of the Interior or that officer as he may

designate, by that Plan. See section 403 of Reorg. Plan No. 3 of

1946, set out as a note under section 1 of this title.

-End-

-CITE-

43 USC Sec. 987 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 987. Lands to be certified to State within one year

-STATUTE-

It shall be the duty of the Commissioner of the General Land

Office, to certify over to the State of California as swamp and

overflowed lands, all the lands represented as such upon the

approved township surveys and plats, whether made before or after

the 23d day of July 1866, under the authority of the United States.

The Supervisor of Surveys shall under the direction of the

Commissioner of the General Land Office, examine the segregation

maps and surveys of the swamp and overflowed lands, made by said

State; and where he shall find them to conform to the system of

surveys adopted by the United States, he shall construct and

approve township plats accordingly, and forward to the General Land

Office for approval.

In segregating large bodies of land, notoriously and obviously

swamp and overflowed, it shall not be necessary to subdivide the

same, but to run the exterior lines of such body of land.

In case such State surveys are found not to be in accordance with

the system of United States surveys, and in such other townships as

no survey has been made by the United States, the commissioner

shall direct the Supervisor of Surveys to make segregation surveys,

upon application by the governor of said State, within one year of

such application, of all the swamp and overflowed land in such

townships, and to report the same to the General Land Office,

representing and describing what land was swamp and overflowed,

under the grant, according to the best evidence he can obtain.

If the authorities of said State, shall claim as swamp and

overflowed, any land not represented as such upon the map or in the

returns of the surveyors, the character of such land at the date of

the grant September 28, 1850, and the right to the same shall be

determined by testimony, to be taken before the Supervisor of

Surveys, who shall decide the same, subject to the approval of the

Commissioner of the General Land Office.

-SOURCE-

(R.S. Sec. 2488; Mar. 3, 1925, ch. 462, 43 Stat. 1144.)

-COD-

CODIFICATION

R.S. Sec. 2488 derived from act July 23, 1866, ch. 219, Sec. 4,

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.

Offices of Commissioner of General Land Office and Supervisor of

Surveys, and General Land Office abolished by Reorg. Plan No. 3 of

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

Functions of Commissioner and Supervisor transferred to Secretary

of the Interior or those officers as he may designate, and

functions of General Land Office transferred by Bureau of Land

Management, by that plan. See section 403 of Reorg. Plan No. 3 of

1946, set out as a note 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. 988 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 988. Act extended to Minnesota and Oregon

-STATUTE-

The provisions of sections 982 to 984 of this title are extended

to the States of Minnesota and Oregon: Provided, That the grant

shall not include any lands which the Government of the United

States may have sold or disposed of under any law, enacted prior to

March 12, 1860, prior to the confirmation of title to be made under

the authority of said sections - and the selections to be made from

lands already surveyed in each of the States last named, under the

authority of said sections, shall have been made within two years

from the adjournment of the legislature of each State, at its next

session after the 12th day of March, A. D. 1860 - and as to all

lands surveyed or to be surveyed, thereafter, within two years from

such adjournment, at the next session after notice by the Secretary

of the Interior to the governor of the State, that the surveys have

been completed and confirmed.

-SOURCE-

(R.S. Sec. 2490.)

-COD-

CODIFICATION

R.S. Sec. 2490 derived from act Mar. 12, 1860, ch. 5, Secs. 1, 2,

12 Stat. 3.

-End-

-CITE-

43 USC Sec. 989 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 989. Homestead entries by purchasers from Missouri of lands

declared not to be swamp lands

-STATUTE-

In all cases in the State of Missouri where lands have, prior to

February 23, 1875, been selected and claimed as swamp and

overflowed lands by said State, and the various counties therein,

by virtue of any Act of Congress, and said lands have been withheld

from market in consequence thereof by the General Government, and

the said State and counties have sold said lands to actual

settlers, and said settlers have improved the same to the value of

$100; said settlers, their heirs, assigns, and legal

representatives, who have continued to reside thereon, shall have

priority of right to homestead all such lands as may be rejected by

the United States as not being in fact swamp and overflowed lands;

and it shall be the duty of the Secretary of the Interior to make

such rules and regulations as may be necessary to carry into effect

the provisions of this section: Provided, That nothing herein

contained shall prejudice the rights of any person who may have

made actual settlement upon such lands under the preemption or

homestead laws prior to February 23, 1875.

-SOURCE-

(Feb. 23, 1875, ch. 99, 18 Stat. 334; Mar. 3, 1891, ch. 561, Sec.

4, 26 Stat. 1097.)

-End-

-CITE-

43 USC Sec. 990 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 990. Grant to Missouri

-STATUTE-

All lands in the State of Missouri selected as swamp and

overflowed lands, and regularly reported as such to the General

Land Office, and on March 3, 1877, withheld from market as such, so

far as the same remain vacant and unappropriated and not interfered

with by any preemption, homestead, or other claim under any law of

the United States, and the claim whereto has not been on said date

rejected by the Commissioner of the General Land Office, or other

competent authority, are confirmed to said State, and all title

thereto vested in said State: and it is made the duty of the

Secretary of the Interior to cause patents to issue for the same.

-SOURCE-

(Mar. 3, 1877, ch. 116, 19 Stat. 395.)

-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.

General Land Office and office of its Commissioner abolished by

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

7876, 60 Stat. 1100, which transferred functions of former to

Bureau of Land Management, and transferred functions of latter to

Secretary of the Interior or that officer as he may designate. See

section 403 of Reorg. Plan No. 3 of 1946, set out as a note under

section 1 of this title.

-End-

-CITE-

43 USC Sec. 991 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 991. Title of purchasers of unconfirmed lands in Arkansas

confirmed

-STATUTE-

The title of all persons who had, on April 29, 1898, purchased

from the State of Arkansas any unconfirmed swamp land and held

deeds for the same, is confirmed and made valid as against any

claim or right of the United States, and without the payment by

said persons, their heirs or assigns, of any sum whatever to the

United States or to the State or Arkansas.

The State of Arkansas does hereby relinquish and quitclaim to the

United States all lands prior to April 29, 1898, confirmed,

certified, or patented to the State which have been entered under

the public land laws; and does cede, relinquish, and quitclaim to

the United States all right, title, and interest under the Acts of

September 28, 1850, March 2, 1855, and March 3, 1857, in and to all

lands in the State which have been heretofore granted, confirmed,

certified, or patented by the United States under any other Acts,

and the title to such lands is confirmed in the grantees, their

heirs, successors, or assigns, anything in this section or any

other Act to the contrary notwithstanding: Provided, That this

section shall be of no force or effect until the State of Arkansas

shall have accepted and approved the conditions, limitations, and

provisions herein contained by an act of the general assembly or by

an instrument in writing duly executed by the governor under the

authority conferred upon him by the legislature of said State, and

filed with the Secretary of the Treasury and the Secretary of the

Interior within one year from April 29, 1898: Provided further,

That whereas the General Assembly of the State of Arkansas did, on

the 10th day of March, 1897, accept and approve the conditions,

limitations, and provisions herein contained before April 29, 1898,

making the same effective and conclusive, therefore this section

shall be in full force and effect from and after April 29, 1898.

-SOURCE-

(Apr. 29, 1898, ch. 229, Secs. 3, 4, 30 Stat. 368.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in text, are classified

generally to this title.

Act of September 28, 1850, referred to in text, is act Sept. 28,

1850, ch. 84, 9 Stat. 519, which is not classified to the Code.

Act of March 2, 1855, referred to in text, is act Mar. 2, 1855,

ch. 147, 10 Stat. 634, which is not classified to the Code.

Act of March 3, 1857, referred to in text, is act Mar. 3, 1857,

ch. 117, 11 Stat. 251, which is not classified to the Code.

-End-

-CITE-

43 USC Sec. 992 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 992. Sale of erroneously designated water-covered areas in

Arkansas

-STATUTE-

The Secretary of the Interior, in his judgment and discretion, is

authorized to sell, in the manner hereinafter provided in this

section, any of those public lands situated in the State of

Arkansas which were originally erroneously meandered and shown upon

the official plats as water-covered areas, and which are not

lawfully appropriated by a qualified settler or entryman claiming

under the public land laws.

Any citizen of the United States who in good faith under color of

title or claiming as a riparian owner, prior to September 21, 1922,

placed valuable improvements upon or reduced to cultivation any of

the lands subject to the operation of this section, shall have a

preferred right to file in the office of the officer, as the

Secretary of the Interior may designate, of the United States land

office of the district in which the lands are situated, an

application to purchase the lands thus improved by them at any time

within ninety days from September 21, 1922, if the lands have been

surveyed and plats filed in the United States land office;

otherwise within ninety days from the filing of such plats. Every

such application must be accompanied with satisfactory proof that

the applicant is entitled to such preference right and that the

lands which he applies to purchase are not in the legal possession

of an adverse claimant.

Upon the filing of an application to purchase any lands subject

to the operation of this section, together with the required proof,

the Secretary of the Interior shall cause the lands described in

said application to be appraised, said appraisal to be on the basis

of the value of such lands at the date of appraisal, exclusive of

any increased value resulting from the development or improvement

thereof for agricultural purposes by the applicant or his

predecessor in interest, but inclusive of the stumpage value of any

timber cut or removed by the applicant or his predecessor in

interest.

An applicant who applies to purchase lands under the provisions

of this section, in order to be entitled to receive a patent must

within thirty days from receipt of notice of appraisal by the

Secretary of the Interior pay to the officer, as the Secretary of

the Interior may designate, of the United States land office of the

district in which the lands are situated the appraised price of the

lands, and thereupon a patent shall issue to said applicant for

such lands as the Secretary of the Interior shall determine that

such applicant is entitled to purchase under this section. The

proceeds derived by the Government from the sale of lands hereunder

shall be covered into the United States Treasury and applied as

provided by law for the disposal of the proceeds from the sale of

public lands.

The Secretary of the Interior is authorized to prescribe all

necessary rules and regulations for administering the provisions of

this section and determining conflicting claims arising hereunder.

-SOURCE-

(Sept. 21, 1922, ch. 362, Secs. 1-5, 42 Stat. 992; 1946 Reorg. Plan

No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in text, are classified

generally to 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.

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

substituted for "register" on authority of section 403 of Reorg.

Plan No. 3 of 1946, which abolished all registers of district land

offices and transferred functions of register of district land

office to Secretary of the Interior. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-

43 USC Sec. 993 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 993. Sale of lands in Louisiana; preference rights;

application for purchase; appraisal; payment for land

-STATUTE-

The Secretary of the Interior, in his judgment and discretion, is

hereby authorized to sell, in the manner hereinafter provided, in

this section, any of those lands situated in the State of Louisiana

which were originally erroneously meandered and shown upon the

official plats as water-covered areas, and which are not lawfully

appropriated by a qualified settler or entryman claiming under the

public land laws.

Any citizen of the United States who, or whose ancestors in title

in good faith under color of title or claiming as a riparian owner,

prior to February 19, 1925, placed valuable improvements upon or

reduced to cultivation any of the lands subject to the operation of

this section, shall have a preferred right to file in the office of

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

United States land office of the district in which the lands are

situated, an application to purchase the lands thus improved by

them at any time within ninety days from February 19, 1925, if the

lands have been surveyed and plats filed in the United States land

office; otherwise within ninety days from official notice to such

claimant of the filing of such plats. Every such application must

be accompanied with satisfactory proof that the applicant is

entitled to such preference right and that the lands which he

applies to purchase are not in the legal possession of an adverse

claimant or in the actual possession of a person or persons who

have improved the property and who have attempted to enter same in

compliance with the laws and regulations of the United States land

office.

Upon the filing of an application to purchase any lands subject

to the operation of this section, together with the required proof,

the Secretary of the Interior shall cause the lands described in

said application to be appraised, said appraisal to be on the basis

of the value of such lands at the date of appraisal, exclusive of

any increased value resulting from the development or improvement

thereof for agricultural purposes by the applicant or his

predecessor in interest, but inclusive of the stumpage value of any

timber cut or removed by the applicant or his predecessor in

interest.

An applicant who applies to purchase lands under the provisions

of this section, in order to be entitled to receive a patent, must

within six months from receipt of notice of appraisal by the

Secretary of the Interior pay to the officer, as the Secretary of

the Interior may designate, of the United States land office of the

district in which the lands are situated, the appraised price of

the lands, and thereupon a patent shall issue to said applicant for

such lands as the Secretary of the Interior shall determine that

such applicant is entitled to purchase under this section. The

proceeds derived by the Government from the sale of the lands

hereunder shall be covered into the United States Treasury and

applied as provided by law for the disposal of the proceeds from

the sale of public lands.

The Secretary of the Interior is authorized to prescribe all

necessary rules and regulations for administering the provisions of

this section and determining conflicting claims arising hereunder.

All purchases made and patents issued under the provisions of

this section shall be subject to and contain a reservation to the

United States of all the coal, oil, gas, and other minerals in the

lands so purchased and patented, together with the right to

prospect for, mine, and remove the same.

-SOURCE-

(Feb. 19, 1925, ch. 268, Secs. 1, 2, 43 Stat. 951, 952; 1946 Reorg.

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

1100.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in text, are classified

generally to 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.

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

substituted for "register" on authority of section 403 of Reorg.

Plan No. 3 of 1946, which abolished all registers of district land

offices and transferred functions of register of district land

office to Secretary of the Interior. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-

43 USC Sec. 994 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-

Sec. 994. Sale of lands in Wisconsin

-STATUTE-

The Secretary of the Interior, in his judgment and discretion, is

authorized to sell, in the manner hereinafter provided in this

section, any of those lands situated in the State of Wisconsin

which were originally erroneously meandered and shown upon the

official plats as water-covered areas, and which are not lawfully

appropriated by a qualified settler or entryman claiming under the

public land laws.

Any owner in good faith of land shown by the official public land

surveys to be bounded in whole or in part by such erroneously

meandered area, and who acquired title to such land prior to

February 27, 1925, or any citizen of the United States who in good

faith under color of title or claiming as a riparian owner had,

prior to said date, placed valuable improvements upon or reduced to

cultivation any of the lands subject to the operation of this

section, shall have a preferred right to file in the office of the

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

United States land office of the district in which the lands are

situated, an application to purchase the lands thus improved by

them at any time within ninety days from said date if the lands

have been surveyed and plats filed in the United States land

office; otherwise within ninety days from the filing of such plats.

Every such application must be accompanied with satisfactory proof

that the applicant is entitled to such preference right and that

the lands which he applies to purchase are not in the legal

possession of an adverse claimant under the public land laws.

In event such erroneously meandered land is bounded by two or

more tracts of land held in private ownership with apparent

riparian rights indicated by the official township plat of survey

at date of disposal of title by the United States, the Secretary of

the Interior or such officer as he may designate shall have

discretionary power to cause such meandered area, when surveyed, to

be divided into such tracts or lots as will permit a fair division

of such meandered area among the owners of such surrounding or

adjacent tracts under the provisions of this section. In

administering the provisions of this section, where there shall

exist a conflict of claims falling within its operation, if any

claimant shall have placed valuable improvements upon the land

involved, or shall have reduced the same to cultivation, then to

the extent of such improvements or cultivation, such claimant shall

be given preference in adjustment of such conflict: Provided, That

no preference right of entry under this section shall be recognized

for a greater area than one hundred and sixty acres, in one body,

to any one applicant, whether an individual, an association, or a

corporation: Provided further, That this section shall not be

construed as in any manner abridging the existing rights of any

settler or entryman under the public land laws.

Upon the filing of an application to purchase any lands subject

to the operation of this section, together with the required proof,

the Secretary of the Interior shall cause the lands described in

said application to be appraised, said appraisal to be on the basis

of the value of such lands at the date of appraisal, exclusive of

any increased value resulting from the development or improvement

thereof for agricultural purposes by the applicant or his

predecessor in interest, but inclusive of the stumpage value of any

timber cut or removed by the applicant or his predecessor in

interest.

An applicant who applies to purchase lands under the provisions

of this section, in order to be entitled to receive a patent, must

within thirty days from receipt of notice of appraisal by the

Secretary of the Interior pay to the officer, as the Secretary of

the Interior may designate, of the United States land office of the

district in which the lands are situated the appraisal price of the

lands, and thereupon a patent shall issue to said applicant for

such lands as the Secretary of the Interior shall determine that

such applicant is entitled to purchase under this section. The

proceeds derived by the Government from the sale of lands under

this section shall be covered into the United States Treasury and

applied as provided by law for the disposal of the proceeds from

the sale of public lands.

The Secretary of the Interior is authorized to prescribe all

necessary rules and regulations for administering the provisions of

this section and determining conflicting claims arising thereunder.

-SOURCE-

(Feb. 27, 1925, ch. 363, Secs. 1-6, 43 Stat. 1013, 1014; 1946

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

Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in text, are classified

generally to 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.

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

substituted for "register", and "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, which abolished all registers of district land offices

and General Land Office and Commissioner thereof, and transferred

functions of register of district land office to Secretary of the

Interior and functions of General Land Office to a new agency in

Department of the Interior to be known as Bureau of Land

Management. See section 403 of Reorg. Plan No. 3 of 1946, set out

as a note under section 1 of this title.

-End-