US (United States) Code. Title 43. Chapter 28: Miscellaneous provisions relating to public lands

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

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-CITE-

43 USC CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO

PUBLIC LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

-HEAD-

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

-MISC1-

SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS

Sec.

1151 to 1156. Repealed.

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS;

INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

1161. "Suspended entries of public lands" and "suspended

preemption land claims".

1162. Adjudications as to suspended entries; approval.

1163. Patents surrendered and new ones issued.

1164. Extent of foregoing provisions.

1165. Suspension of entries for correction of clerical

errors; patents.

1166. Limitations of suits to annul patents.

1167. Entries and final proofs, made out of proper district,

confirmed.

SUBCHAPTER III - SALES OF ISOLATED TRACTS

1171 to 1177. Repealed.

SUBCHAPTER IV - TIMBER CULTURE

1181. Repeal of laws.

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

1181a. Conservation management by Department of the Interior;

permanent forest production; sale of timber;

subdivision.

1181b. Cooperative agreements with other agencies or private

owners for coordinated administration.

1181c. Repealed.

1181d. Leasing of lands for grazing; disposition of moneys;

rules and regulations covering grazing lands.

1181e. Rules and regulations generally; consultation and

agreements with other agencies regarding fire

regulations.

1181f. Oregon and California land-grant fund; annual

distribution of moneys.

1181f-1. Coos Bay Wagon Road grant fund; annual payments;

appraisal and assessment of land and timber;

computation of payments.

1181f-2. Appraisal of land and timber; manner and frequency;

computation of amounts upon basis of last

appraisement; deduction of appraisement expenses.

1181f-3. Additional sum from surplus for meeting payments due

from insufficient annual receipts; maximum aggregate

of decennial payments; covering of excess receipts

into general fund of Treasury.

1181f-4. Amount available for administration of Coos Bay Wagon

Road grant lands under sections 1181a to 1181f of

this title; covering of unused receipts into general

fund of Treasury.

1181g. Unselected and unpatented odd-numbered sections as

revested grant lands; administration as

national-forest lands; revenues; prohibition against

disposition or exchange.

1181h. Exchange of jurisdiction between Secretaries;

conditions; publication in Federal Register.

1181i. Designation of national-forest areas within counties;

disposition of revenues; approval by court.

1181j. Appropriations to carry out sections 1181h and 1181i.

SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS

1185 to 1188. Transferred.

SUBCHAPTER VII - EVIDENCES OF TITLE

1191 to 1193. Repealed.

SUBCHAPTER VIII - INDIAN LANDS

1195. Negotiations for cession of lands.

1196. Classification and appraisement of unallotted and

unreserved lands.

1197. Agreements with Indians not affected.

1198. Condemnation of Sioux lands for dam purposes;

negotiation of contracts.

1199. Provisions to be included in contracts for

condemnation of Sioux lands for dam purposes.

1200. Judicial determination where compensation for

condemnation of Sioux lands for dam purposes

rejected.

1200a. Preparation of appraisal schedule in determining just

compensation for condemnation of Sioux lands for dam

purposes; contents; transmittal to tribal

representatives.

1200b. Inclusion of other provisions in contracts for

condemnation of Sioux lands for dam purposes.

1200c. Submission of contracts and reports covering

disagreements on condemnation of Sioux lands for dam

purposes; ratification; effect.

1200d. Effect of condemnation of Sioux lands for dam purposes

on construction of Fort Randall Dam.

1200e. Authorization of appropriations for relocating certain

Sioux tribe members after condemnation of lands for

dam purposes; conditions; title to lands acquired.

SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS

1201. Power of Secretary or designated officer.

SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS

1211. Elimination of oaths for written statements;

discretion of Secretary of the Interior.

1212. Unsworn written statements subject to penalties of

presenting false claims.

SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

1221. Issuance of patents; application.

1222. Notice of opening of lands to purchase.

1223. Valid existing rights unaffected.

SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF

LANDS BY SECRETARY OF THE INTERIOR

1231 to 1234. Repealed.

SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT

LANDS

1241. Control of noxious plants on Government lands; State

programs; terms of entry.

1242. Reimbursement of States for expenses.

1243. Authorization of appropriations.

-End-

-CITE-

43 USC SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS

-HEAD-

SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS

-End-

-CITE-

43 USC Secs. 1151 to 1156 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS

-HEAD-

Secs. 1151 to 1156. Repealed. Pub. L. 94-579, title VII, Sec.

705(a), Oct. 21, 1976, 90 Stat. 2792

-MISC1-

Section 1151, R.S. Sec. 2447; act Mar. 3, 1925, ch. 462, 43 Stat.

1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.

7876, 60 Stat. 1100, related to issuance of patents for confirmed

claims.

Section 1152, R.S. Sec. 2448, related to effect of patents to

persons dead before issue.

Section 1153, act June 6, 1874, ch. 223, Sec. 1, 18 Stat. 62,

related to confirming titles to lands in Missouri in existence

prior to June 6, 1874.

Section 1154, act June 6, 1874, ch. 223, Sec. 2, 18 Stat. 62,

related to unimpairing, etc., rights in existence prior to June 6,

1874.

Section 1155, act Jan. 28, 1879, ch. 30, Secs. 1-4, 20 Stat. 274,

275; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.

7876, 60 Stat. 1100, authorized issuance of certificates of

location of private land claims for certain States.

Section 1156, act May 30, 1894, ch. 87, 28 Stat. 84; 1946 Reorg.

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

1100, authorized issuance of patents for locations under

certificates made prior to Jan. 28, 1879, under former section 1155

of this title.

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 SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES

AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND

PATENTS THEREFOR 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID

AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS;

INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-End-

-CITE-

43 USC Sec. 1161 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID

AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-

Sec. 1161. "Suspended entries of public lands" and "suspended

preemption land claims"

-STATUTE-

The Secretary of the Interior, or such officer as he may

designate, is authorized to decide upon principles of equity and

justice, as recognized in courts of equity, and in accordance with

regulations to be approved by the Secretary of the Interior,

consistently with such principles, all cases of suspended entries

of public lands and of suspended preemption land claims, and to

adjudge in what cases patents shall issue upon the same.

-SOURCE-

(R.S. Sec. 2450; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; Sept.

20, 1922, ch. 350, 42 Stat. 857; 1946 Reorg. Plan No. 3, Sec. 403,

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

-COD-

CODIFICATION

R.S. Sec. 2450 derived from acts Aug. 3, 1846, ch. 78, Sec. 1, 9

Stat. 51; Mar. 3, 1853, ch. 152, Sec. 1, 10 Stat. 258; June 26,

1856, ch. 47, 11 Stat. 22; June 1, 1874, ch. 200, 18 Stat. 50; Feb.

27, 1877, ch. 69, Sec. 1, 19 Stat. 244.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1164 of this title.

-End-

-CITE-

43 USC Sec. 1162 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID

AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-

Sec. 1162. Adjudications as to suspended entries; approval

-STATUTE-

Every such adjudication shall be approved by the Secretary of the

Interior and shall operate only to divest the United States of the

title to the land embraced thereby, without prejudice to the rights

of conflicting claimants.

-SOURCE-

(R.S. Sec. 2451; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; Sept.

20, 1922, ch. 350, 42 Stat. 858.)

-COD-

CODIFICATION

R.S. Sec. 2451 derived from acts Aug. 3, 1846, ch. 78, Sec. 1, 9

Stat. 51; Feb. 27, 1877. ch. 69, Sec. 1, 19 Stat. 244.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1164 of this title.

-End-

-CITE-

43 USC Sec. 1163 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID

AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-

Sec. 1163. Patents surrendered and new ones issued

-STATUTE-

Where patents have been already issued on entries which are

approved by the Secretary of the Interior, the Secretary of the

Interior, or such officer as he may designate, upon the canceling

of the outstanding patent, is authorized to issue a new patent, on

such approval, to the person who made the entry, his heirs or

assigns.

-SOURCE-

(R.S. Sec. 2456; Sept. 20, 1922, ch. 350, 42 Stat. 858; 1946 Reorg.

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

1100.)

-COD-

CODIFICATION

R.S. Sec. 2456 derived from act Mar. 3, 1853, ch. 152, Sec. 2, 10

Stat. 258.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1164 of this title.

-End-

-CITE-

43 USC Sec. 1164 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID

AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-

Sec. 1164. Extent of foregoing provisions

-STATUTE-

Sections 1161 to 1163 of this title shall be applicable to all

cases of suspended entries and locations, which have arisen in the

Bureau of Land Management since the 26th day of June 1856 as well

as to all cases of a similar kind which may hereafter occur,

embracing as well locations under bounty-land warrants as ordinary

entries or sales, including homestead entries and preemption

locations or cases; where the law has been substantially complied

with, and the error or informality arose from ignorance, accident,

or mistake which is satisfactorily explained; and where the rights

of no other claimant or preemptor are prejudiced, or where there is

no adverse claim.

-SOURCE-

(R.S. Sec. 2457; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

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

-COD-

CODIFICATION

R.S. Sec. 2457 derived from act June 26, 1856, ch. 47, 11 Stat.

22.

-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.

"Bureau of Land Management" substituted for "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. 1165 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID

AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-

Sec. 1165. Suspension of entries for correction of clerical errors;

patents

-STATUTE-

Whenever it shall appear to the Secretary of the Interior, or

such officer as he may designate, that a clerical error has been

committed in the entry of any of the public lands such entry may be

suspended, upon proper notification to the claimant, through the

local land office, until the error has been corrected; and all

entries made under the preemption, homestead, desert-land, or

timber-culture laws, in which final proof and payment may have been

made and certificates issued, and to which there are no adverse

claims originating prior to final entry and which have been sold or

incumbered prior to the 1st day of March, 1888, and after final

entry, to bona fide purchasers, or incumbrancers, for a valuable

consideration, shall unless upon an investigation by a Government

agent, fraud on the part of the purchaser has been found, be

confirmed and patented upon presentation of satisfactory proof to

the Land Department of such sale or incumbrance: Provided, That

after the lapse of two years from the date of the issuance of the

receipt of such officer as the Secretary of the Interior may

designate upon the final entry of any tract of land under the

homestead, timber-culture, desert-land, or preemption laws, or

under this act, and when there shall be no pending contest or

protest against the validity of such entry, the entryman shall be

entitled to a patent conveying the land by him entered, and the

same shall be issued to him; but this proviso shall not be

construed to require the delay of two years from the date of said

entry before the issuing of a patent therefor.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 7, 26 Stat. 1098; Oct. 28, 1921, ch.

114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;

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

60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

This act, referred to in text, means act Mar. 3, 1891, ch. 561,

26 Stat. 1095, as amended, which enacted sections 161, 162, 173,

174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6,

718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of

this title, sections 471, 607, 611, 611a, and 613 of Title 16,

Conservation, section 495 of Title 25, Indians, and sections 30,

36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For

complete classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was formerly classified to section 165 of this title.

-MISC1-

REPEALS

Repeal of "Act to encourage the growth of timber on the western

prairies" not to affect valid rights accrued or accruing under said

law and claims to be perfected in same manner as if act had not

been repealed, see section 1181 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.

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

and "receipt of such officer as the Secretary of the Interior may

designate" substituted for "Commissioner of the General Land

Office" and "register's receipt", respectively, 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. 1166 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID

AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-

Sec. 1166. Limitations of suits to annul patents

-STATUTE-

Suits by the United States to vacate and annul any patent shall

only be brought within six years after the date of the issuance of

such patents.

-SOURCE-

(Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, Sec.

8, 26 Stat. 1099.)

-End-

-CITE-

43 USC Sec. 1167 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID

AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-

Sec. 1167. Entries and final proofs, made out of proper district,

confirmed

-STATUTE-

Whenever it shall appear to the Secretary of the Interior, or

such officer as he may designate, that an error was made prior to

March 9, 1904, by the officers of any local land office in

receiving any application, declaratory statement, entry, or final

proof under the homestead or other land laws, and that there was no

fraud practiced by the entryman, and that there are no prior

adverse claimants to the land described in the entry, and that no

other reason why the title should not vest in the entryman exists,

except that said application, declaratory statement, entry, or

proof was not made within the land district in which the lands

applied for were situated, as provided by the Act of March 11, 1902

[43 U.S.C. 254], such entry or proof shall be confirmed.

-SOURCE-

(Mar. 9, 1904, ch. 503, Sec. 1, 33 Stat. 64; 1946 Reorg. Plan No.

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

-REFTEXT-

REFERENCES IN TEXT

Act of March 11, 1902, referred to in text, probably means act

Mar. 11, 1902, ch. 182, 32 Stat. 63, which was classified to

section 254 of this title and was repealed by Pub. L. 94-579, title

VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787. For complete

classification of this Act to the Code, see Tables.

-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.

-MISC1-

EFFECTIVE DATE

Section 2 of act Mar. 9, 1904, provided: "That this Act [enacting

this section] shall be in force from and after its passage and

approval."

-End-

-CITE-

43 USC SUBCHAPTER III - SALES OF ISOLATED TRACTS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER III - SALES OF ISOLATED TRACTS

-HEAD-

SUBCHAPTER III - SALES OF ISOLATED TRACTS

-End-

-CITE-

43 USC Secs. 1171 to 1173 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER III - SALES OF ISOLATED TRACTS

-HEAD-

Secs. 1171 to 1173. Repealed. Pub. L. 94-579, title VII, Sec.

703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-

Section 1171, R.S. Sec. 2455; acts Feb. 26, 1895, ch. 133, 28

Stat. 687; June 27, 1906, ch. 3554, 34 Stat. 517; Mar. 28, 1912,

ch. 67, 37 Stat. 77; Mar. 9, 1928, ch. 164, 45 Stat. 253; June 28,

1934, ch. 865, Sec. 14, 48 Stat. 1274; July 30, 1947, ch. 383, 61

Stat. 630, set forth provisions relating to sale of isolated or

disconnected tracts by Secretary of the Interior.

Section 1171a, act Apr. 24, 1928, ch. 428, 45 Stat. 457, provided

for applicability of section 1171 of this title to certain lands in

Oklahoma.

Section 1171b, act May 23, 1930, ch. 313, 46 Stat. 377, provided

for applicability of section 1171 of this title to certain lands in

Alabama.

Section 1172, act Feb. 4, 1919, ch. 13, 40 Stat. 1055, provided

for applicability of section 1171 of this title to ceded Chippewa

Indian lands in Minnesota.

Section 1173, act May 10, 1920, ch. 178, 41 Stat. 595, provided

for applicability of section 1171 of this title to sale of tracts

in Fort Berthold Indian Reservation, North Dakota.

EFFECTIVE DATE OF REPEAL

Section 703(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. 1174 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER III - SALES OF ISOLATED TRACTS

-HEAD-

Sec. 1174. Repealed. Aug. 28, 1937, ch. 876, title II, Sec. 201(c),

50 Stat. 876

-MISC1-

Section, act May 25, 1920, ch. 200, 41 Stat. 622, related to sale

of class 3 of revested Oregon and California Railroad grant lands.

See sections 1181a to 1181f of this title and Repeals note set out

under section 1181a of this title.

-End-

-CITE-

43 USC Secs. 1175 to 1177 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER III - SALES OF ISOLATED TRACTS

-HEAD-

Secs. 1175 to 1177. Repealed. Pub. L. 94-579, title VII, Sec.

703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-

Section 1175, act Aug. 11, 1921, ch. 62, 42 Stat. 159, provided

for applicability of section 1171 of this title to sale of tracts

in Fort Buford Military Reservation, North Dakota and Montana.

Section 1176, act May 19, 1926, ch. 337, 44 Stat. 566, provided

for applicability of section 1171 of this title to sale of lands in

Fort Hall Indian Reservation.

Section 1177, act Feb. 14, 1931, ch. 170, 46 Stat. 1105, provided

for applicability of section 1171 of this title to sale of certain

lands in Crow Indian Reservation, Montana.

EFFECTIVE DATE OF REPEAL

Section 703(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 SUBCHAPTER IV - TIMBER CULTURE 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER IV - TIMBER CULTURE

-HEAD-

SUBCHAPTER IV - TIMBER CULTURE

-End-

-CITE-

43 USC Sec. 1181 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER IV - TIMBER CULTURE

-HEAD-

Sec. 1181. Repeal of laws

-STATUTE-

An Act entitled "An Act to amend an Act entitled 'An Act to

encourage the growth of timber on the western prairies,' " approved

June 14, 1878, and all laws supplementary thereto or amendatory

thereof are repealed: Provided, That this repeal shall not affect

any valid rights accrued or accruing under said laws but all bona

fide claims lawfully initiated prior to March 3, 1891, may be

perfected upon due compliance with law, in the same manner, upon

the same terms and conditions, and subject to the same limitations,

forfeitures, and contests as if this section had not been passed:

Provided further, That the following words of the last clause of

section 2 of said Act, namely, "That not less than twenty-seven

hundred trees were planted on each acre," are repealed: Provided

further, That in computing the period of cultivation the time shall

run from the date of the entry, if the necessary acts of

cultivation were performed within the proper time: Provided

further, That the preparation of the land and the planting of trees

shall be construed as acts of cultivation, and the time authorized

to be so employed and actually employed shall be computed as a part

of the eight years of cultivation required by statute: Provided

further, That if trees, seeds, or cuttings were in good faith

planted as provided by law and the same and the land upon which so

planted were thereafter in good faith cultivated as provided by law

for at least eight years by a person qualified to make entry and

who has a subsisting entry under the timber-culture laws, final

proof may be made without regard to the number of trees that may

have been then growing on the land: And provided, That any person

who has made entry of any public lands of the United States under

the timber-culture laws, and who has for a period of four years in

good faith complied with the provisions of said laws and who is an

actual bona fide resident of the State or Territory in which said

land is located shall be entitled to make final proof thereto, and

acquire title to the same, by the payment of $1.25 per acre for

such tract, under such rules and regulations as shall be prescribed

by the Secretary of the Interior, and such officers as the

Secretary may designate shall be allowed the same fees and

compensation for final proofs in timber-culture entries as is now

allowed by law in homestead entries: And provided further, That no

land acquired under the provisions of this section shall in any

event become liable to the satisfaction of any debt or debts

contracted prior to the issuing of the final certificate therefor.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 1, 26 Stat. 1095; Mar. 3, 1893, ch.

208, 27 Stat. 593; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

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

-REFTEXT-

REFERENCES IN TEXT

An Act entitled "An Act to amend an Act entitled 'An Act to

encourage the growth of timber on the western prairies,' " approved

June 14, 1878, referred to in text, is act June 14, 1878, ch. 190,

20 Stat. 113, which is not classified to the Code.

-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.

"Such officers as the Secretary may designate" substituted for

"registers" 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 SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND

COOS BAY WAGON ROAD GRANT LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1735, 1752 of this

title; title 25 section 715c; title 30 sections 601, 603.

-End-

-CITE-

43 USC Sec. 1181a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181a. Conservation management by Department of the Interior;

permanent forest production; sale of timber; subdivision

-STATUTE-

Notwithstanding any provisions in the Acts of June 9, 1916 (39

Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, such

portions of the revested Oregon and California Railroad and

reconveyed Coos Bay Wagon Road grant lands as are or may hereafter

come under the jurisdiction of the Department of the Interior,

which have heretofore or may hereafter be classified as

timberlands, and power-site lands valuable for timber, shall be

managed, except as provided in section 1181c (!1) of this title,

for permanent forest production, and the timber thereon shall be

sold, cut, and removed in conformity with the principal (!2) of

sustained yield for the purpose of providing a permanent source of

timber supply, protecting watersheds, regulating stream flow, and

contributing to the economic stability of local communities and

industries, and providing recreational facilties: (!3) Provided,

That nothing in this section shall be construed to interfere with

the use and development of power sites as may be authorized by law.

The annual productive capacity for such lands shall be determined

and declared as promptly as possible after August 28, 1937, but

until such determination and declaration are made the average

annual cut therefrom shall not exceed one-half billion feet board

measure: Provided, That timber from said lands in an amount not

less than one-half billion feet board measure, or not less than the

annual sustained yield capacity when the same has been determined

and declared, shall be sold annually, or so much thereof as can be

sold at reasonable prices on a normal market.

If the Secretary of the Interior determines that such action will

facilitate sustained-yield management, he may subdivide such

revested lands into sustained-yield forest units, the boundary

lines of which shall be so established that a forest unit will

provide, insofar as practicable, a permanent source of raw

materials for the support of dependent communities and local

industries of the region; but until such subdivision is made the

land shall be treated as a single unit in applying the principle of

sustained yield: Provided, That before the boundary lines of such

forest units are established, the Department, after published

notice thereof, shall hold a hearing thereon in the vicinity of

such lands open to the attendance of State and local officers,

representatives of dependent industries, residents, and other

persons interested in the use of such lands. Due consideration

shall be given to established lumbering operations in subdividing

such lands when necessary to protect the economic stability of

dependent communities. Timber sales from a forest unit shall be

limited to the productive capacity of such unit and the Secretary

is authorized, in his discretion, to reject any bids which may

interfere with the sustained-yield management plan of any unit.

-SOURCE-

(Aug. 28, 1937, ch. 876, title I, Sec. 1, 50 Stat. 874.)

-REFTEXT-

REFERENCES IN TEXT

Section 1181c of this title, referred to in first par., was

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

Stat. 2787.

Acts of June 9, 1916, and February 26, 1919, referred to in text,

are acts June 9, 1916, ch. 137, 39 Stat. 218 and Feb. 26, 1919, ch.

47, 40 Stat. 1179, respectively, which are not classified to the

Code.

-MISC1-

REPEALS

Act Aug. 28, 1937, title II, Sec. 201(c), second par., provided:

"All Acts or parts of Act in conflict with this Act [sections 1181a

to 1181f of this title] are hereby repealed to the extent necessary

to give full force and effect to this Act."

SAVINGS PROVISION

Provisions of Federal Land Policy and Management Act of 1976,

Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, in the event of

conflict or inconsistency with the act of August 28, 1937, sections

1181a to 1181j of this title, insofar as relating to management of

timber resources, etc., not to supersede, see section 701 of Pub.

L. 94-579, set out as a note under section 1701 of this title.

LEASE OF SMALL TRACTS FOR RESIDENTIAL, RECREATIONAL, OR COMMUNITY

SITE PURPOSES

Lease of small tracts of the lands described in this section for

residential, recreational, or community site purposes, and

conditions with respect thereto, see section 682e of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1181b, 1181d, 1181e,

1181f, 1181f-4, 1181i, 1735, 1752 of this title; title 30 sections

601, 603.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "principle".

(!3) So in original. Probably should be "facilities:".

-End-

-CITE-

43 USC Sec. 1181b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181b. Cooperative agreements with other agencies or private

owners for coordinated administration

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to make cooperative agreements with other Federal or State forest

administrative agencies or with private forest owners or operators

for the coordinated administration, with respect to time, rate,

method of cutting, and sustained yield, of forest units comprising

parts of revested or reconveyed lands, together with lands in

private ownership or under the administration of other public

agencies, when by such agreements he may be aided in accomplishing

the purposes mentioned in sections 1181a and 1181b of this title.

-SOURCE-

(Aug. 28, 1937, ch. 876, title I, Sec. 2, 50 Stat. 874.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1181d, 1181e, 1181f,

1181f-4, 1181i, 1735, 1752 of this title; title 30 sections 601,

603.

-End-

-CITE-

43 USC Sec. 1181c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181c. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,

1976, 90 Stat. 2787

-MISC1-

Section, act Aug. 28, 1937, ch. 876, title I, Sec. 3, 50 Stat.

875, related to classification and reclassification of lands as

more suitable for agricultural use.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

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. 1181d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181d. Leasing of lands for grazing; disposition of moneys;

rules and regulations covering grazing lands

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to lease for grazing any of said revested or reconveyed lands which

may be so used without interfering with the production of timber or

other purposes of sections 1181a to 1181f of this title as stated

in section 1181a of this title: Provided, That all the moneys

received on account of grazing leases shall be covered either into

the "Oregon and California land-grant fund" or the "Coos Bay Wagon

Road grant fund" in the Treasury as the location of the leased

lands shall determine, and be subject to distribution as other

moneys in such funds: Provided further, That the Secretary is also

authorized to formulate rules and regulations for the use,

protection, improvement, and rehabilitation of such grazing lands.

-SOURCE-

(Aug. 28, 1937, ch. 876, title I, Sec. 4, 50 Stat. 875.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1181e, 1181f, 1181f-4,

1181i, 1735, 1751, 1752 of this title; title 30 sections 601, 603.

-End-

-CITE-

43 USC Sec. 1181e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181e. Rules and regulations generally; consultation and

agreements with other agencies regarding fire regulations

-STATUTE-

The Secretary of the Interior is authorized to perform any and

all acts and to make such rules and regulations as may be necessary

and proper for the purpose of carrying the provisions of sections

1181a to 1181f of this title into full force and effect. The

Secretary of the Interior is further authorized, in formulating

forest-practice rules and regulations, to consult with the Oregon

State Board of Forestry, representatives of timber owners and

operators on or contiguous to said revested and reconveyed lands,

and other persons or agencies interested in the use of such lands.

In formulating regulations for the protection of such timberlands

against fire, the Secretary is authorized, in his discretion, to

consult and advise with Federal, State, and county agencies engaged

in forest-fire-protection work, and to make agreements with such

agencies for the cooperative administration of fire regulations

therein: Provided, That rules and regulations for the protection of

the revested lands from fire shall conform with the requirements

and practices of the State of Oregon insofar as the same are

consistent with the interests of the United States.

-SOURCE-

(Aug. 28, 1937, ch. 876, title I, Sec. 5, 50 Stat. 875.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1181d, 1181f, 1181f-4,

1181i, 1735, 1752 of this title; title 30 sections 601, 603.

-End-

-CITE-

43 USC Sec. 1181f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181f. Oregon and California land-grant fund; annual

distribution of moneys

-STATUTE-

On and after March 1, 1938, all moneys deposited in the Treasury

of the United States in the special fund designated the "Oregon and

California land-grant fund" shall be distributed annually as

follows:

(a) Fifty per centum to the counties in which the lands revested

under the Act of June 9, 1916 (39 Stat. 218), are situated, to be

payable on or after June 30, 1938, and each year thereafter to each

of said counties in the proportion that the total assessed value of

the Oregon and California grant lands in each of said counties for

the year 1915 bears to the total assessed value of all of said

lands in the State of Oregon for said year, such moneys to be used

as other county funds: Provided, however, That for the purposes of

this subsection the portion of the said revested Oregon and

California railroad grant lands in each of said counties which was

not assessed for the year 1915 shall be deemed to have been

assessed at the average assessed value of the grant lands in said

county.

(b) Twenty-five per centum to said counties as money in lieu of

taxes accrued or which shall accrue to them prior to March 1, 1938,

under the provisions of the Act of July 13, 1926 (44 Stat. 915),

and which taxes are unpaid on said date, such moneys to be paid to

said counties severally by the Secretary of the Treasury of the

United States, upon certification by the Secretary of the Interior,

until such tax indebtedness as shall have accrued prior to March 1,

1938, is extinguished.

From and after payment of the above accrued taxes said 25 per

centum shall be accredited annually to the general fund in the

Treasury of the United States until all reimbursable charges

against the Oregon and California land-grant fund owing to the

general fund in the Treasury have been paid: Provided, That if for

any year after the extinguishment of the tax indebtedness accruing

to the counties prior to March 1, 1938, under the provisions of

Forty-fourth Statutes, page 915, the total amount payable under

subsection (a) of this section is less than 78 per centum of the

aggregate amount of tax claims which accrued to said counties under

said Act for the year 1934, there shall be additionally payable for

such year such portion of said 25 per centum (but not in excess of

three-fifths of said 25 per centum), as may be necessary to make up

the deficiency. When the general fund in the Treasury has been

fully reimbursed for the expenditures which were made charges

against the Oregon and California land-grant fund said 25 per

centum shall be paid annually, on or after September 30, to the

several counties in the manner provided in subsection (a) of this

section.

(c) Twenty-five per centum to be available for the administration

of sections 1181a to 1181f of this title, in such annual amounts as

the Congress shall from time to time determine. Any part of such

per centum not used for administrative purposes shall be covered

into the general fund of the Treasury of the United States:

Provided, That moneys covered into the Treasury in such manner

shall be used to satisfy the reimbursable charges against the

Oregon and California land-grant fund mentioned in subsection (b)

of this section so long as any such charges shall exist.

-SOURCE-

(Aug. 28, 1937, ch. 876, title II, Sec. 201, 50 Stat. 875; June 24,

1954, ch. 357, Sec. 1(b), 68 Stat. 271; Pub. L. 94-273, Sec. 2(28),

Apr. 21, 1976, 90 Stat. 376.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 9, 1916, referred to in subsec. (a), is act June 9,

1916, ch. 137, 39 Stat. 218, which is not classified to the Code.

Act of July 13, 1926 (44 Stat. 915), Forty-fourth Statutes, page

915, and said Act, referred to in subsec. (b), mean act July 13,

1926, ch. 897, 44 Stat. 915, which is not classified to the Code.

-COD-

CODIFICATION

Section comprises all of section 201 of act Aug. 28, 1937, title

II, except a second paragraph of subsec. (c) of that section which

is set out as a Repeals note under section 1181a of this title.

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-273 substituted "September" for

"June".

1954 - Subsec. (a). Act June 24, 1954, inserted proviso relating

to determination of assessment.

SHARING OF BUREAU OF LAND MANAGEMENT TIMBER SALE RECEIPTS

Pub. L. 103-66, title XIII, Sec. 13983, Aug. 10, 1993, 107 Stat.

682, as amended by Pub. L. 103-443, Sec. 1(b), Nov. 2, 1994, 108

Stat. 4631, authorized the Secretary of the Treasury to make

defined special payments in certain fiscal years to counties in

Oregon and California in lieu of certain other payments under this

section and section 1181f-1 et seq. of this title, prior to repeal

by Pub. L. 106-393, title IV, Sec. 404, Oct. 30, 2000, 114 Stat.

1623.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869-4, 1181d, 1181e,

1181f-4, 1181g, 1181i, 1735, 1752 of this title; title 16 section

521a; title 30 sections 601, 603.

-End-

-CITE-

43 USC Sec. 1181f-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181f-1. Coos Bay Wagon Road grant fund; annual payments;

appraisal and assessment of land and timber; computation of

payments

-STATUTE-

Beginning with the fiscal year next following May 24, 1939, not

to exceed 75 per centum of the receipts derived in any one year

from the Coos Bay Wagon Road grant lands in Oregon and deposited in

the special fund in the Treasury created by the Act of February 26,

1919 (40 Stat. 1179), and designated "The Coos Bay Wagon Road grant

fund" shall be paid annually, in lieu of taxes, by the Secretary of

the Treasury, upon certification by the Secretary of the Interior,

to the treasurers of Coos and Douglas Counties according to the

ratio that the total assessed valuation of the reconveyed Coos Bay

Wagon Road grant lands, belonging to the United States, in each of

said counties bears to the total assessed valuation of all said

lands in those counties, to be used for the purposes mentioned in

said Act: Provided, That until such time as the general fund of the

Treasury of the United States shall have been fully reimbursed by

Douglas County for expenditures which were made charges against the

Coos Bay Wagon Road grant fund by section 5 of the Act of February

26, 1919, said Douglas County shall be entitled to receive only 50

per centum of the amount to which it would otherwise be entitled

under sections 1181f-1 to 1181f-4 of this title: Provided further,

That prior to making any payment under this authorization an

appraisal of the land and timber thereon shall be made, within six

months after May 24, 1939, by a committee to consist of a

representative of the Secretary of the Interior, one representative

for the two counties interested, and a third person satisfactory to

the Secretary of the Interior and the county officials, but who

shall not be an employee of the United States nor a resident of,

nor a property owner in, either Coos or Douglas County. Upon

appraisal thereof, the land and timber thereon shall be assessed as

are other similar properties within the respective counties, and

payments hereunder in lieu of taxes shall be computed by applying

the same rates of taxation as are applied to privately owned

property of similar character in such counties.

-SOURCE-

(May 24, 1939, ch. 144, Sec. 1, 53 Stat. 753.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 26, 1919, referred to in text, is act Feb. 26,

1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.

-MISC1-

REPEALS

Section 5 of act May 24, 1939, provided that: "All Acts or parts

of Acts inconsistent with this Act [sections 1181f-1 to 1181f-4 of

this title] are hereby repealed."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869-4, 1181f-2 of this

title.

-End-

-CITE-

43 USC Sec. 1181f-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181f-2. Appraisal of land and timber; manner and frequency;

computation of amounts upon basis of last appraisement; deduction

of appraisement expenses

-STATUTE-

Appraisals of the land and timber thereon shall be made, in the

manner prescribed in section 1181f-1 of this title, not less

frequently than once in each ten-year period, and the amounts due

hereunder in any year shall be computed as specified in section

1181f-1 of this title upon the basis of the last appraisement. The

expenses of making the appraisements provided for in sections

1181f-1 to 1181f-4 of this title shall be paid by the Secretary of

the Treasury upon certification by the Secretary of the Interior,

from that portion of the receipts derived from such lands and

timber payable to the counties and shall be deducted from any

amount due said counties.

-SOURCE-

(May 24, 1939, ch. 144, Sec. 2, 53 Stat. 754.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869-4, 1181f-1 of this

title.

-End-

-CITE-

43 USC Sec. 1181f-3 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181f-3. Additional sum from surplus for meeting payments due

from insufficient annual receipts; maximum aggregate of decennial

payments; covering of excess receipts into general fund of

Treasury

-STATUTE-

If, during any one year, 75 per centum of the receipts are

insufficient fully to meet the payments due the counties hereunder,

the Secretary of the Treasury, upon certification by the Secretary

of the Interior, may pay an additional sum from any surplus of 75

per centum of prior year receipts: Provided, however, That in no

event shall the aggregate of payments during any ten-year period

commencing with the period beginning July 1, 1940, exceed 75 per

centum of the receipts deposited in the Treasury to the credit of

the Coos Bay Wagon Road grant fund for such period: Provided

further, That at the end of each ten-year period, any balance of

the 75 per centum not required for payments to the counties shall

be covered into the general fund of the Treasury of the United

States.

-SOURCE-

(May 24, 1939, ch. 144, Sec. 3, 53 Stat. 754.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869-4, 1181f-1, 1181f-2

of this title.

-End-

-CITE-

43 USC Sec. 1181f-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181f-4. Amount available for administration of Coos Bay Wagon

Road grant lands under sections 1181a to 1181f of this title;

covering of unused receipts into general fund of Treasury

-STATUTE-

Not to exceed 25 per centum of the annual receipts shall be

available, in such amounts as the Congress shall from time to time

appropriate for the administration of sections 1181a to 1181f of

this title, insofar as such sections apply to the Coos Bay Wagon

Road grant lands. Any balance not used for administrative purposes

shall be covered into the general fund of the Treasury of the

United States.

-SOURCE-

(May 24, 1939, ch. 144, Sec. 4, 53 Stat. 754.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 869-4, 1181f-1, 1181f-2

of this title.

-End-

-CITE-

43 USC Sec. 1181g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181g. Unselected and unpatented odd-numbered sections as

revested grant lands; administration as national-forest lands;

revenues; prohibition against disposition or exchange

-STATUTE-

Those unselected and unpatented odd-numbered sections within the

indemnity limits of the Oregon and California Railroad land grant

authorized by the Act of July 25, 1866 (14 Stat. 239), as amended

by the Act of April 10, 1869 (16 Stat. 47), and for which payment

was made by the United States to such railroad or its successors in

interest under the Act of June 9, 1916 (39 Stat. 218), pursuant to

the decree in the case of United States against Oregon and

California R. R. Co. (8 F. (2d) 645), which were included within

the boundaries of national forests by proclamations of the

President of the United States issued under the dates of June 17,

1892, September 28, 1893, October 5, 1906, January 25, 1907, March

1, 1907, and March 2, 1907, are declared to be revested Oregon and

California Railroad grant lands; and said lands shall continue to

be administered as national-forest lands by the Secretary of

Agriculture subject to all laws, rules, and regulations applicable

to the national forests: Provided, That all revenues hereafter

derived from said lands and those revenues heretofore derived from

such lands and placed in special deposit by agreement between the

Secretary of Agriculture and the Secretary of the Interior shall be

disposed of in accordance with the provisions of section 1181f of

this title and said lands shall not hereafter be subject to the

provisions of any other laws or parts of laws which otherwise

prescribe the disposal or distribution of receipts from lands of

the United States, except that none of the provisions of this Act

shall affect revenues distributed prior to June 24, 1954. No part

of said lands or the resources thereof shall be subject to exchange

under the provisions of this or any other law applicable to

national-forest lands or otherwise.

-SOURCE-

(June 24, 1954, ch. 357, Sec. 1(a), 68 Stat. 270.)

-REFTEXT-

REFERENCES IN TEXT

Acts July 25, 1866, April 10, 1869, and June 9, 1916, referred to

in text, are acts July 25, 1866, ch. 242, 14 Stat. 239, Apr. 10,

1869, ch. 27, 16 Stat. 47, and June 9, 1916, ch. 137, 39 Stat. 218,

respectively, which are not classified to the Code.

This Act, referred to in text, is act June 24, 1954, ch. 357, 68

Stat. 270, which enacted sections 1181g to 1181j of this title and

amended section 1181f of this title. For complete classification of

this Act to the Code, see Tables.

-COD-

CODIFICATION

Section constitutes subsec. (a) of section 1 of act June 24,

1954. Subsec. (b) of section 1 amended section 1181f(a) of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1181i, 1735, 1752 of this

title; title 16 section 521a; title 30 sections 601, 603.

-End-

-CITE-

43 USC Sec. 1181h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181h. Exchange of jurisdiction between Secretaries;

conditions; publication in Federal Register

-STATUTE-

The Secretary of the Interior and the Secretary of Agriculture

are authorized and directed, within two years after June 24, 1954,

to exchange administrative jurisdiction of revested Oregon and

California Railroad grant lands lying within the boundaries of any

national forest or within two miles of such boundaries, and

national-forest lands of approximately equal aggregate value, when

by such exchange the administration of the lands will be

facilitated. Such exchanges shall be made subject to outstanding

contracts, permits or other existing rights: Provided, That the

said national-forest lands, administrative jurisdiction of which is

transferred to the Secretary of the Interior, shall be excluded

from the national forest and shall become subject to administration

under the same provisions of law as the revested lands in exchange

for which they were transferred, and the revested lands,

administrative jurisdiction of which is transferred to the

Secretary of Agriculture, shall become a part of the national

forests subject to administration under the laws applicable to

national forests: Provided further, That subject to the requirement

of approximate equal aggregate value for the overall exchange, the

revested lands and the national-forest lands, administrative

jurisdiction of which is exchanged in any county, shall be

approximately equal in area unless otherwise agreed to by the

counties concerned. The exchanges provided for in this section

shall in each case be evidenced by an order signed by the Secretary

of the Interior and the Secretary of Agriculture and such orders

shall be transmitted to the Division of the Federal Register for

filing and publication.

-SOURCE-

(June 24, 1954, ch. 357, Sec. 2, 68 Stat. 271.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1181g, 1181j, 1735, 1752

of this title; title 16 section 521a; title 30 sections 601, 603.

-End-

-CITE-

43 USC Sec. 1181i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181i. Designation of national-forest areas within counties;

disposition of revenues; approval by court

-STATUTE-

For the purpose of consolidating and thereby facilitating

administration and accounting the Secretary of Agriculture is

authorized to designate in the several counties in which the lands

described in section 1181g of this title are situated (such

designation to be published in the Federal Register), an area of

national-forest land of a value substantially equal to the value of

the lands in such county from which all revenues shall be disposed

of in accordance with the provisions of section 1181f of this

title, and upon such designation the provisions of sections 1181a

to 1181f of this title shall be applicable to the lands so

designated in lieu of the lands described in section 1181g of this

title: Provided, however, That such designation shall not become

effective until approved by the county court of the county in which

the lands are located.

-SOURCE-

(June 24, 1954, ch. 357, Sec. 3, 68 Stat. 271.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1181g, 1181j of this

title; title 16 section 521a; title 30 sections 601, 603.

-End-

-CITE-

43 USC Sec. 1181j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON

ROAD GRANT LANDS

-HEAD-

Sec. 1181j. Appropriations to carry out sections 1181h and 1181i

-STATUTE-

For the purpose of carrying out the provisions of sections 1181h

and 1181i of this title there are authorized to be appropriated

such sums as the Congress may from time to time determine to be

necessary.

-SOURCE-

(June 24, 1954, ch. 357, Sec. 4, 68 Stat. 272.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1181g, 1735, 1752 of this

title; title 16 section 521a; title 30 sections 601, 603.

-End-

-CITE-

43 USC SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC

LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-

SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-End-

-CITE-

43 USC Secs. 1185 to 1188 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-

Secs. 1185 to 1188. Transferred

-COD-

CODIFICATION

Section 1185, acts July 31, 1947, ch. 406, Sec. 1, 61 Stat. 681;

July 23, 1955, ch. 375, Sec. 1, 69 Stat. 367, which related to

rules and regulations governing disposal of materials on public

lands, was transferred to section 601 of Title 30, Mineral Lands

and Mining.

Section 1186, act July 31, 1947, ch. 406, Sec. 2, 61 Stat. 681,

which related to bidding, advertisement, conditions for negotiation

of contracts and reports to Congress, was transferred to section

602 of Title 30.

Section 1187, acts July 31, 1947, ch. 406, Sec. 3, 61 Stat. 681;

Aug. 31, 1950, ch. 830, 64 Stat. 571; July 23, 1955, ch. 375, Sec.

2, 69 Stat. 368, which related to disposition on moneys from

disposal of materials, was transferred to section 603 of Title 30.

Section 1188, act July 31, 1947, ch. 406, Sec. 4, as added Aug.

31, 1950, ch. 830, 64 Stat. 572, which related to disposal of sand,

gravel, etc., in Alaska and to contracts upon the entry of Alaska

into the Union, was transferred to section 604 of Title 30.

-End-

-CITE-

43 USC SUBCHAPTER VII - EVIDENCES OF TITLE 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VII - EVIDENCES OF TITLE

-HEAD-

SUBCHAPTER VII - EVIDENCES OF TITLE

-End-

-CITE-

43 USC Secs. 1191 to 1193 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VII - EVIDENCES OF TITLE

-HEAD-

Secs. 1191 to 1193. Repealed. Pub. L. 94-579, title VII, Sec.

705(a), Oct. 21, 1976, 90 Stat. 2792

-MISC1-

Section 1191, R.S. Sec. 2471, related to falsely making or

altering instruments concerning lands, mines, or minerals in

California.

Section 1192, R.S. Sec. 2472, related to falsely dating evidence

of title under Mexican authority to lands in California.

Section 1193, R.S. Sec. 2473, related to presenting false or

counterfeited evidences of title to lands in California.

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 SUBCHAPTER VIII - INDIAN LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

SUBCHAPTER VIII - INDIAN LANDS

-End-

-CITE-

43 USC Sec. 1195 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1195. Negotiations for cession of lands

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to negotiate, through any United States Indian inspector,

agreements with any Indians for the cession to the United States of

portions of their respective reservations or surplus unallotted

lands, any agreements thus negotiated to be subject to subsequent

ratification by Congress.

-SOURCE-

(Mar. 3, 1901, ch. 832, Sec. 1, 31 Stat. 1077.)

-COD-

CODIFICATION

Section was not enacted as part of act July 6, 1954, ch. 463, 68

Stat. 452, which comprises this subchapter.

-End-

-CITE-

43 USC Sec. 1196 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1196. Classification and appraisement of unallotted and

unreserved lands

-STATUTE-

The Secretary of the Interior is authorized to cause to be

classified or reclassified and appraised or reappraised, in such

manner as he may deem advisable, the unallotted or otherwise

unreserved lands within any Indian reservation opened to settlement

and entry but not classified and appraised in the manner provided

for in the Act or Acts opening such reservations to settlement and

entry, or where the existing classification or appraisement is, in

the opinion of the Secretary of the Interior, erroneous.

-SOURCE-

(June 6, 1912, ch. 155, 37 Stat. 125.)

-COD-

CODIFICATION

Section was not enacted as part of act July 6, 1954, ch. 463, 68

Stat. 452, which comprises this subchapter.

-End-

-CITE-

43 USC Sec. 1197 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1197. Agreements with Indians not affected

-STATUTE-

Nothing in this act shall change, repeal, or modify any

agreements or treaties made with any Indian tribes for the disposal

of their lands, or of land ceded to the United States to be

disposed of for the benefit of such tribes, and the proceeds

thereof to be placed in the Treasury of the United States; and the

disposition of such lands shall continue in accordance with the

provisions of such treaties or agreements; except as provided in

sections 161 and 162 (!1) of this title.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 10, 26 Stat. 1099.)

-REFTEXT-

REFERENCES IN TEXT

This act, referred to in text, means act Mar. 3, 1891, ch. 561,

26 Stat. 1095, as amended, which enacted sections 161, 162, 173,

174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6,

718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of

this title, sections 471, 607, 611, 611a, and 613 of Title 16,

Conservation, section 495 of Title 25, Indians, and sections 30,

36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For

complete classification of this Act to the Code, see Tables.

Sections 161 and 162 of this title, referred to in text, were

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

Stat. 2787.

-COD-

CODIFICATION

Section was not enacted as part of act July 6, 1954, ch. 463, 68

Stat. 452, which comprises this subchapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 1198 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1198. Condemnation of Sioux lands for dam purposes;

negotiation of contracts

-STATUTE-

The Chief of Engineers, Department of the Army, and the Secretary

of the Interior, jointly representing the United States of America

are authorized and directed to negotiate separate contracts

containing the provisions outlined in this subchapter with the

Sioux Indians of the Lower Brule Reservation, South Dakota, and

with the Sioux Indians of the Crow Creek Reservation, South Dakota,

acting through representatives of each tribe appointed for such

purpose by its tribal council.

-SOURCE-

(July 6, 1954, ch. 463, Sec. 1, 68 Stat. 452.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1199 of this title.

-End-

-CITE-

43 USC Sec. 1199 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1199. Provisions to be included in contracts for condemnation

of Sioux lands for dam purposes

-STATUTE-

The contract with each tribe negotiated pursuant to section 1198

of this title shall -

(a) convey to the United States title to all tribal, allotted,

assigned, and inherited lands or interests therein belonging to the

Indians of the tribe, and title to all undivided interests in such

allotted or inherited lands owned by non-Indians or by Indian

nonmembers of the tribe, required by the United States for the

reservoir to be created by the construction of the dams across the

Missouri River in South Dakota, to be known as Fort Randall Dam,

including such lands along the margins as may be required by the

Chief of Engineers, Department of the Army, for the protection,

development, and use of said reservoir: Provided, That the contract

may provide for retention by the owners of any oil and gas rights

in such lands that are not needed by the United States for the

protection of such dam and reservoir;

(b) provide for the payment of -

(1) just compensation for the lands and improvements and

interests therein conveyed by the contract;

(2) costs of relocating the tribe and its members who reside

upon the lands conveyed by the contract in a manner that will

reestablish and protect their economic, social, religious, and

community life;

(3) costs of relocating Indian cemeteries, tribal monuments,

and shrines located upon the lands conveyed by the contract.

(c) Provide a schedule of dates for the orderly removal of the

Indians and their personal property from the taking area of the

Fort Randall Reservoir within the reservation; and

(d) State that the payments authorized to be made shall be in

full and complete settlement of all claims by the tribe and its

members against the United States arising because of the

construction of the Fort Randall project.

-SOURCE-

(July 6, 1954, ch. 463, Sec. 2, 68 Stat. 452.)

-CHANGE-

CHANGE OF NAME

Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.

88-97, Aug. 15, 1963, 77 Stat. 124.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1200, 1200a, 1200b of

this title.

-End-

-CITE-

43 USC Sec. 1200 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1200. Judicial determination where compensation for

condemnation of Sioux lands for dam purposes rejected

-STATUTE-

The just compensation payable for the individual property of any

person conveyed pursuant to subsection (a) of section 1199 of this

title shall be judicially determined, if such person rejects the

compensation specified in the contract with the tribe, in

proceedings instituted for such purpose by the Department of the

Army in the United States district court for the district in which

the lands are situated.

-SOURCE-

(July 6, 1954, ch. 463, Sec. 3, 68 Stat. 453.)

-End-

-CITE-

43 USC Sec. 1200a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1200a. Preparation of appraisal schedule in determining just

compensation for condemnation of Sioux lands for dam purposes;

contents; transmittal to tribal representatives

-STATUTE-

To assist the negotiators in arriving at the amount of just

compensation payable for the property conveyed pursuant to

subsection (a) of section 1199 of this title, the Secretary of the

Interior and the Chief of Engineers, Department of the Army, shall

cause to be prepared an appraisal schedule on an individual tract

basis of the tribal, allotted, and assigned lands, including

heirship interests therein, located within the taking area in each

reservation. The appraisal schedule shall show the fair market

value of the lands, giving full and proper weight to the following

elements of appraisal, among others: Improvements, severance

damage, standing timber, mineral rights, and the uses to which the

lands are reasonably adapted. The appraisal schedule shall be

transmitted to the representatives of the tribe appointed to

negotiate a contract, and shall be used, together with any other

appraisals which may be available, as a basis for determining the

amount of just compensation to be included in the contract.

-SOURCE-

(July 6, 1954, ch. 463, Sec. 4, 68 Stat. 453.)

-End-

-CITE-

43 USC Sec. 1200b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1200b. Inclusion of other provisions in contracts for

condemnation of Sioux lands for dam purposes

-STATUTE-

The specification in section 1199 of this title of certain

provisions to be included in each contract shall not preclude the

inclusion of other provisions beneficial to the Indians who are

parties of such contracts.

-SOURCE-

(July 6, 1954, ch. 463, Sec. 5, 68 Stat. 453.)

-End-

-CITE-

43 USC Sec. 1200c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1200c. Submission of contracts and reports covering

disagreements on condemnation of Sioux lands for dam purposes;

ratification; effect

-STATUTE-

Each contract negotiated pursuant to this subchapter shall be

submitted to the Congress for approval. The Chief of Engineers,

Department of the Army, and the Secretary of the Interior are

requested to submit such contract within one year from July 6,

1954. If the negotiating parties are unable to agree on a proposed

contract each party shall submit to the Congress separate detailed

reports of the negotiations, together with their recommendations.

In the event the negotiating parties are unable to agree on any

provision in the proposed contracts such provision shall be

included in an appendix to the contract, together with the views of

each party, for consideration and determination by Congress. The

contract shall not take effect unless, after determination of any

disputed provision, it is ratified by Act of Congress and is

ratified within six months after such action by the Congress by a

majority of the adult members of the tribe: Provided, That when so

ratified the contract shall constitute a taking by the United

States as of the date the contract was signed by the Chief of

Engineers, Department of the Army, and the Secretary of the

Interior, for purposes of determining the ownership of the Indian

tribal, allotted, and assigned lands and interests therein.

-SOURCE-

(July 6, 1954, ch. 463, Sec. 6, 68 Stat. 453.)

-End-

-CITE-

43 USC Sec. 1200d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1200d. Effect of condemnation of Sioux lands for dam purposes

on construction of Fort Randall Dam

-STATUTE-

Nothing in this subchapter shall be construed to restrict

completion of the Fort Randall Dam to provide flood protection and

other benefits on the Missouri River.

-SOURCE-

(July 6, 1954, ch. 463, Sec. 7, 68 Stat. 453.)

-CHANGE-

CHANGE OF NAME

Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.

88-97, Aug. 15, 1963, 77 Stat. 124.

-End-

-CITE-

43 USC Sec. 1200e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER VIII - INDIAN LANDS

-HEAD-

Sec. 1200e. Authorization of appropriations for relocating certain

Sioux tribe members after condemnation of lands for dam purposes;

conditions; title to lands acquired

-STATUTE-

There is authorized to be appropriated to the Secretary of the

Interior the sum of $106,500, which shall be available until

expended for the purpose of relocating the members of the Yankton

Sioux Tribe, South Dakota, who reside or have resided, on tribal

and allotted lands acquired by the United States for the Fort

Randall Dam and Reservoir project, Missouri River Development, in a

manner that will reestablish and protect their economic, social,

religious, and community life. Title to any lands acquired within

Indian country pursuant to this section shall be taken in the name

of the United States in trust for the Yankton Sioux Tribe or

members thereof. The said sum of $106,500 shall be assessed against

the costs of the Fort Randall Dam and Reservoir, Missouri River

Development.

-SOURCE-

(July 6, 1954, ch. 463, Sec. 8, 68 Stat. 453.)

-CHANGE-

CHANGE OF NAME

Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.

88-97, Aug. 15, 1963, 77 Stat. 124.

-End-

-CITE-

43 USC SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS

-HEAD-

SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS

-End-

-CITE-

43 USC Sec. 1201 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS

-HEAD-

Sec. 1201. Power of Secretary or designated officer

-STATUTE-

The Secretary of the Interior, or such officer as he may

designate, is authorized to enforce and carry into execution, by

appropriate regulations, every part of the provisions of title 32

of the Revised Statutes not otherwise specially provided for.

-SOURCE-

(R.S. Sec. 2478; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

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

-REFTEXT-

REFERENCES IN TEXT

Title 32 of the Revised Statutes, referred to in text, was in the

original "this Title", meaning title 32 of the Revised Statutes,

consisting of R.S. Secs. 2207 to 2490. For complete classification

of R.S. Secs. 2207 to 2490 to the Code, see Tables.

-COD-

CODIFICATION

R.S. Sec. 2478 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.

-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, under the

directions of the Secretary of the Interior" 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 SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS

-HEAD-

SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS

-End-

-CITE-

43 USC Sec. 1211 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS

-HEAD-

Sec. 1211. Elimination of oaths for written statements; discretion

of Secretary of the Interior

-STATUTE-

Written statement in public land matters within the jurisdiction

of the Department of the Interior, heretofore required by law to be

made under oath, need no longer be made under oath unless the

Secretary of the Interior shall, in his discretion, so require.

-SOURCE-

(June 3, 1948, ch. 392, Sec. 1, 62 Stat. 301.)

-End-

-CITE-

43 USC Sec. 1212 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS

-HEAD-

Sec. 1212. Unsworn written statements subject to penalties of

presenting false claims

-STATUTE-

Unsworn written statements made in public land matters within the

jurisdiction of the Department of the Interior shall remain subject

to section 1001 of title 18.

-SOURCE-

(June 3, 1948, ch. 392, Sec. 2, 62 Stat. 301.)

-COD-

CODIFICATION

"Section 1001 of title 18" substituted in text for "section 35(A)

of the Criminal Code (35 Stat. 1095, 18 U.S.C. sec. 80), as

amended" on authority of act June 25, 1948, ch. 645, 62 Stat. 683,

the first section of which enacted Title 18, Crimes and Criminal

Procedure.

-MISC1-

EXEMPTION OF DEPARTMENT OF THE INTERIOR FROM RESTRICTIONS ON NOTARY

PUBLIC

Section 3 of act June 3, 1948, provided: "That part of section

558 of the Act of March 3, 1901, entitled 'An Act to establish a

code of law for the District of Columbia' (31 Stat. 1279), as

amended December 15, 1944 (58 Stat. 810, D.C. Code, 1951 edition,

sec. 1-501), which reads as follows: 'And provided further, That no

notary public shall be authorized to take acknowledgments,

administer oaths, certify papers, or perform any official acts in

connection with matters in which he is employed as counsel,

attorney or agent or in which he may be in any way interested

before any of the Departments aforesaid' shall not apply to matters

before the Department of the Interior."

-End-

-CITE-

43 USC SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND

TITLES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

-HEAD-

SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

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-CITE-

43 USC Sec. 1221 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

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Sec. 1221. Issuance of patents; application

-STATUTE-

Whenever it shall be shown to the satisfaction of the Secretary

of the Interior that a tract of public land, lying between the

meander line of an inland lake or river in Wisconsin as originally

surveyed and the meander line of that lake or river as subsequently

resurveyed, has been held in good faith and in peaceful, adverse

possession by a person, or his predecessors in interest, who had

been issued a patent, prior to January 21, 1953, for lands lying

along the meander line as originally determined, the Secretary of

the Interior shall cause a patent to be issued to such person for

such land upon the payment of the same price per acre as that at

which the land included in the original patent was purchased and

upon the same terms and conditions. All persons seeking to purchase

lands under this subchapter shall make application to the Secretary

within one year from August 24, 1954, or from the date of the

official filing of the plat or resurvey, whichever is later, and

the Secretary of the Interior shall cause no patents to be issued

for land lying between the original meander line and the resurveyed

meander line until the conclusion of such periods.

-SOURCE-

(Aug. 24, 1954, ch. 900, Sec. 1, 68 Stat. 789.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1222 of this title.

-End-

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43 USC Sec. 1222 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

-HEAD-

Sec. 1222. Notice of opening of lands to purchase

-STATUTE-

Upon the filing of a plat of resurvey under section 1221 of this

title the Secretary shall give such notice as he finds appropriate

by newspaper publication or otherwise of the opening of the lands

to purchase under this subchapter.

-SOURCE-

(Aug. 24, 1954, ch. 900, Sec. 2, 68 Stat. 790.)

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-CITE-

43 USC Sec. 1223 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

-HEAD-

Sec. 1223. Valid existing rights unaffected

-STATUTE-

Nothing in this subchapter shall affect valid existing rights.

-SOURCE-

(Aug. 24, 1954, ch. 900, Sec. 3, 68 Stat. 790.)

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-CITE-

43 USC SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM

ACQUISITION OF LANDS BY SECRETARY OF THE

INTERIOR 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS

BY SECRETARY OF THE INTERIOR

-HEAD-

SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF

LANDS BY SECRETARY OF THE INTERIOR

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-CITE-

43 USC Secs. 1231 to 1234 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS

BY SECRETARY OF THE INTERIOR

-HEAD-

Secs. 1231 to 1234. Repealed. Pub. L. 91-646, title II, Sec.

220(a)(1), Jan. 2, 1971, 84 Stat. 1903

-MISC1-

Section 1231, Pub. L. 85-433, Sec. 1, May 29, 1958, 72 Stat. 152,

related to payment of moving expenses to owners and tenants of land

acquired for developments and to applications for payments.

Section 1232, Pub. L. 85-433, Sec. 2, May 29, 1958, 72 Stat. 152,

related to administration and rules and regulations.

Section 1233, Pub. L. 85-433, Sec. 3, May 29, 1958, 72 Stat. 152,

related to definitions.

Section 1234, Pub. L. 85-433, Sec. 4, May 29, 1958, 72 Stat. 152,

related to availability of appropriations. See section 4601 et seq.

of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 2, 1971, see section 221 of Pub. L. 91-646,

set out as an Effective Date note under section 4601 of Title 42,

The Public Health and Welfare.

SAVINGS PROVISION

Any rights or liabilities existing under provisions repealed by

section 220(a) of Pub. L. 91-646 as not affected by such repeal,

see section 220(b) of Pub. L. 91-646, set out as a note under

section 4621 of Title 42, The Public Health and Welfare.

-End-

-CITE-

43 USC SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS

ON GOVERNMENT LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT

LANDS

-HEAD-

SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT

LANDS

-End-

-CITE-

43 USC Sec. 1241 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT

LANDS

-HEAD-

Sec. 1241. Control of noxious plants on Government lands; State

programs; terms of entry

-STATUTE-

The heads of Federal departments or agencies are authorized and

directed to permit the commissioner of agriculture or other proper

agency head of any State in which there is in effect a program for

the control of noxious plants to enter upon any lands under their

control or jurisdiction and destroy noxious plants growing on such

land if -

(1) such entry is in accordance with a program submitted to and

approved by such department or agency: Provided, That no entry

shall occur when the head of such Federal department or agency,

or his designee, shall have certified that entry is inconsistent

with national security;

(2) the means by which noxious plants are destroyed are

acceptable to the head of such department or agency; and

(3) the same procedure required by the State program with

respect to privately owned land has been followed.

-SOURCE-

(Pub. L. 90-583, Sec. 1, Oct. 17, 1968, 82 Stat. 1146.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1242 of this title.

-End-

-CITE-

43 USC Sec. 1242 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT

LANDS

-HEAD-

Sec. 1242. Reimbursement of States for expenses

-STATUTE-

Any State incurring expenses pursuant to section 1241 of this

title upon presentation of an itemized account of such expenses

shall be reimbursed by the head of the department or agency having

control or jurisdiction of the land with respect to which such

expenses were incurred: Provided, That such reimbursement shall be

only to the extent that funds appropriated specifically to carry

out the purposes of this subchapter are available therefor during

the fiscal year in which the expenses are incurred.

-SOURCE-

(Pub. L. 90-583, Sec. 2, Oct. 17, 1968, 82 Stat. 1146.)

-End-

-CITE-

43 USC Sec. 1243 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT

LANDS

-HEAD-

Sec. 1243. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated to departments or

agencies of the Federal Government such sums as the Congress may

determine to be necessary to carry out the purposes of this

subchapter.

-SOURCE-

(Pub. L. 90-583, Sec. 3, Oct. 17, 1968, 82 Stat. 1146.)

-End-

-HEAD-