US (United States) Code. Title 43. Chapter 3: Surveys

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

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43 USC CHAPTER 3 - SURVEYS 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

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CHAPTER 3 - SURVEYS

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Sec.

51. Omitted.

52. Surveying duties.

53. Powers devolved on Secretary of the Interior on

turning over of papers to States.

54. Completion of surveys; delivery to States.

55. Field notes delivered to States; access to.

56. Conditions of delivery to States.

57. Authenticated copies or extracts from records as

evidence.

58. Transcripts from records of Louisiana.

59. Official papers in office of surveyor general in

California; copies.

60. Stationery for mineral surveys.

61 to 63. Repealed.

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43 USC Sec. 51 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

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Sec. 51. Omitted

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CODIFICATION

Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1144, which

abolished office of surveyor general and transferred its functions

to Field Surveying Service under Supervisor of Surveys, was

superseded by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1

of this title.

The office of surveyor general abolished in certain States by

acts July 31, 1876, ch. 246, 19 Stat. 121, and Oct. 2, 1888, ch.

1069, 25 Stat. 525, and discontinued in others pursuant to R.S.

Sec. 2218.

So far as they were not already superseded or obsolete by reason

of abolition or discontinuance of the office, or otherwise, the

following provisions were superseded by former provisions of this

section:

R.S. Sec. 2207, providing for appointment of surveyors general in

States and territories therein named, and acts Apr. 10, 1890, ch.

77, Sec. 1, 26 Stat. 53, and July 24, 1897, ch. 14, Sec. 2, 30

Stat. 215, providing for surveyors general in North and South

Dakota and Alaska;

R.S. Secs. 2208 to 2211; acts Apr. 10, 1890, ch. 77, Sec. 2, 26

Stat. 53; July 24, 1897, ch. 14, Sec. 3, 30 Stat. 215, concerning

salaries of particular surveyors general;

R.S. Secs. 2212 to 2214, concerning number and location, of

offices, and place of residence, of surveyors general.

R.S. Secs. 2215 and 2216, concerning bonds of surveyors general;

R.S. Sec. 2217, concerning duration of term of office of

surveyors general;

R.S. Secs. 2226 and 2227, concerning allowances for clerk hire

and office expenses;

Act Mar. 3, 1893, ch. 211, 27 Stat. 709, relative to

consolidation of offices of two or more surveyors general; and

provisions of act May 24, 1922, ch. 199, 42 Stat. 556, and prior

acts concerning detail of clerks from office of one surveyor

general to another.

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43 USC Sec. 52 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

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Sec. 52. Surveying duties

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

shall engage a sufficient number of skillful surveyors as his

deputies, to whom he is authorized to administer the necessary

oaths upon their appointments. He shall have authority to frame

regulations for their direction, not inconsistent with law or the

instructions of the Bureau of Land Management, and to remove them

for negligence or misconduct in office.

Second. He shall cause to be surveyed, measured, and marked,

without delay, all base and meridian lines through such points and

perpetuated by such monuments, and such other correction parallels

and meridians as may be prescribed by law or by instructions from

the Bureau of Land Management, in respect to the public lands to

which the Indian title has been or may be extinguished.

Third. He shall cause to be surveyed all private land claims

after they have been confirmed by authority of Congress, so far as

may be necessary to complete the survey of the public lands.

Fourth. He shall transmit to the officer, as the Secretary of the

Interior may designate, of the respective land offices general and

particular plats of all lands surveyed by him for each land

district; and he shall forward copies of such plats to such officer

as the Secretary may designate.

Fifth. He shall, so far as is compatible with the desk duties of

his office, occasionally inspect the surveying operations while in

progress in the field, sufficiently to satisfy himself of the

fidelity of the execution of the work according to contract, and

the actual and necessary expenses incurred by him while so engaged

shall be allowed; and where it is incompatible with his other

duties for the Secretary of the Interior or such officer as he may

designate to devote the time necessary to make a personal

inspection of the work in progress, then he is authorized to depute

a confidential agent to make such examination; and the actual and

necessary expenses of such person shall be allowed and paid for

that service, and $5 a day during the examination in the field; but

such examination shall not be protracted beyond thirty days; and in

no case longer than is actually necessary; and when the Secretary

or such officer, or any person employed in his office at a regular

salary, is engaged in such special service, he shall receive only

his necessary expenses in addition to his regular salary.

-SOURCE-

(R.S. Sec. 2223; 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.)

-COD-

CODIFICATION

Provisions different from those of the fifth paragraph of this

section, for inspection of surveying operations, were made by

several Sundry Civil Appropriation Acts, in connection with the

appropriations for surveys and resurveys, and limited to the

expenditure of the particular appropriation.

R.S. Sec. 2223 derived from acts May 18, 1796, ch. 29, Sec. 1, 1

Stat. 464; Apr. 29, 1816, ch. 151, Sec. 1, 3 Stat. 325; Mar. 3,

1831, ch. 116, Sec. 1, 4 Stat. 492; Mar. 3, 1853, ch. 145, Secs. 3,

10, 10 Stat. 245, 247; Apr. 24, 1874, ch. 127, 18 Stat. 34; Aug. 9,

1876, ch. 256, 19 Stat. 126.

-TRANS-

TRANSFER OF FUNCTIONS

References to Supervisor of Surveys and Commissioner of General

Land Office changed to Secretary of the Interior or such officer as

he may designate, reference to manager changed to officer

designated by Secretary of the Interior, and "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.

Previously, references to surveyors general were changed to

supervisor of surveys and provisions limiting application of

section to points "within his surveying district" were omitted on

authority of act Mar. 3, 1925, which abolished office of surveyor

general and transferred its activities to Field Surveying Service

under jurisdiction of United States Supervisor of Surveys.

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43 USC Sec. 53 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

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Sec. 53. Powers devolved on Secretary of the Interior on turning

over of papers to States

-STATUTE-

In all cases where, as provided in section 54 of this title, the

field notes, maps, records, and other papers appertaining to land

titles in any State are turned over to the authorities of such

State, the same authority, powers, and duties in relation to the

survey, resurvey, or subdivision of the lands therein, and all

matters and things connected therewith, as previously exercised by

the surveyor general, whose district included such State, shall be

vested in, and devolved upon, the Secretary of the Interior or such

officer as he may designate.

-SOURCE-

(R.S. Sec. 2219; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

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

-COD-

CODIFICATION

R.S. Sec. 2219 derived from act Jan. 22, 1853, ch. 24, Sec. 1, 10

Stat. 152.

-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-

SURVEYOR GENERAL

Abolition of office of surveyor general, see note set out under

section 51 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 55, 56 of this title.

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43 USC Sec. 54 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

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Sec. 54. Completion of surveys; delivery to States

-STATUTE-

The Secretary of the Interior shall take all the necessary

measures for the completion of the surveys in the several surveying

districts, at the earliest periods compatible with the purposes

contemplated by law; and whenever the surveys and records of any

such district are completed, the Secretary of the Interior or such

officer as he may designate shall deliver over to the secretary of

state of the respective States, including such surveys, or to such

other officer as may be authorized to receive them, all the field

notes, maps, records, and other papers appertaining to land titles

within the same.

-SOURCE-

(R.S. Sec. 2218; June 5, 1924, ch. 264, 43 Stat. 394; 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.)

-COD-

CODIFICATION

The original text of R.S. Sec. 2218 provided for completion of

surveys "in the several surveying-districts for which surveyors

general have been, or may be, appointed" and also provided that

"the surveyor general thereof shall be required to deliver over"

all papers appertaining to land titles within the district, "and

the office of surveyor general in every such district shall

thereafter cease and be discontinued." The references to the

surveyors general were omitted in view of act Mar. 3, 1925

(classified to section 51 of this title) abolishing office of

surveyor general and transferring its activities to the Field

Surveying Service, under the jurisdiction of the U.S. Supervisor of

Surveys. See, also, Transfer of Functions note below.

R.S. Sec. 2207, formerly cited as a credit to this section, which

provided for appointment of surveyors general, was superseded by

act Mar. 3, 1925 (classified to section 51 of this title) and

repealed by act Mar. 3, 1933, ch. 202, Sec. 1, 47 Stat. 1429.

Act June 5, 1924, appropriated funds for use in making the

surveys in twelve districts.

Act May 25, 1906, ch. 2554, 34 Stat. 199, provided for a survey,

pursuant to R.S. Sec. 2218, of unsurveyed lands in Louisiana, and

was omitted.

Provisions of act Oct. 2, 1888, ch. 1069, 25 Stat. 525, which

provided for transfer to State officials of field notes, maps,

records and other papers appertaining to land surveys in Nebraska

and Iowa, were omitted.

All records, etc., belonging to office of recorder of land titles

for Missouri were delivered to State upon discontinuance of office,

by provisions of act June 6, 1874, ch. 223, Sec. 3, and act July

31, 1876, ch. 246.

R.S. Sec. 2218 derived from acts June 12, 1840, ch. 36, Sec. 1, 5

Stat. 384; July 31, 1876, ch. 246, 19 Stat. 121.

-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 "Supervisor of Surveys" 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 53 of this title.

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43 USC Sec. 55 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

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Sec. 55. Field notes delivered to States; access to

-STATUTE-

Under the authority and direction of the Secretary of the

Interior or such officer as he may designate, any deputy surveyor

or other agent of the United States shall have free access to any

field notes, maps, records, and other papers, mentioned in section

53 of this title, for the purpose of taking extracts therefrom, or

making copies thereof, without charge of any kind.

-SOURCE-

(R.S. Sec. 2220; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

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

-COD-

CODIFICATION

The word "such" before "field notes" was omitted and the words

"mentioned in section 53 of this title" were inserted after

"papers,".

R.S. Sec. 2220 derived from act Jan. 22, 1853, ch. 24, Sec. 2, 10

Stat. 152.

-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.

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43 USC Sec. 56 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

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Sec. 56. Conditions of delivery to States

-STATUTE-

The field notes, maps, records, and other papers mentioned in

section 53 of this title, shall in no case be turned over to the

authorities of any State, until such State has provided by law for

the reception and safe-keeping of the same as public records, and

for the allowance of free access to the same by the authorities of

the United States.

-SOURCE-

(R.S. Sec. 2221.)

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CODIFICATION

R.S. Sec. 2221 derived from acts Jan. 22, 1853, ch. 24, Sec. 3,

10 Stat. 152; June 6, 1874, ch. 223, Sec. 3, 18 Stat. 62.

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43 USC Sec. 57 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

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Sec. 57. Authenticated copies or extracts from records as evidence

-STATUTE-

Any copy of or extract from the plats, field notes, records, or

other papers of the offices of the former surveyors general for the

districts of Oregon and California, when authenticated by the seal

and signature of the Secretary of the Interior or such officer as

he may designate, shall be evidence in all cases in which the

original would be evidence.

-SOURCE-

(R.S. Sec. 2224; 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.)

-COD-

CODIFICATION

This section is from a part of R.S. Sec. 2224, as affected by act

Mar. 3, 1925. The original text provided for the continuation of

the use of the official seals authorized for the offices of the

surveyors general of Oregon, California, and Louisiana. This

provision was superseded by act Mar. 3, 1925 (classified to section

51 of this title), abolishing the office of surveyor-general. The

rest of the section became inapplicable to Louisiana upon the

discontinuance of the office of surveyor general of Louisiana

pursuant to R.S. Sec. 2218. The text of this section was changed to

provide for authentication by the supervisor of surveys, instead of

a surveyor-general, in view of act Mar. 3, 1925 (classified to

section 51 of this title) abolishing the office of surveyor general

and transferring its activities to the Field Surveying Service,

under the jurisdiction of the U.S. Supervisor of Surveys. See,

also, Transfer of Functions note below.

R.S. Sec. 2224 derived from act Mar. 3, 1853, ch. 145, Secs. 2,

11, 10 Stat. 245, 248.

-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 "Supervisor of Surveys" on authority of section 403

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

this title.

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43 USC Sec. 58 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

-HEAD-

Sec. 58. Transcripts from records of Louisiana

-STATUTE-

Any copy of a plat of survey, or transcript from the records of

the office of the former surveyor general of Louisiana, duly

certified, shall be admitted as evidence in all the courts of the

United States and the Territories thereof.

-SOURCE-

(R.S. Sec. 2225.)

-COD-

CODIFICATION

The word "former" was inserted in text before "surveyor general"

because of the discontinuance of the office of surveyor general in

Louisiana.

R.S. Sec. 2225 derived from act Mar. 3, 1831, ch. 116, Sec. 5, 4

Stat. 493.

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43 USC Sec. 59 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

-HEAD-

Sec. 59. Official papers in office of surveyor general in

California; copies

-STATUTE-

All official books, papers, instruments of writing, documents,

archives, official seals, stamps, or dies, which have been

authorized by law to be collected and deposited in the surveyor

general's office in California, shall be safely and securely kept

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

designate, in the archives of his office until disposed of as

provided by law; and copies thereof, authenticated by the Secretary

or such officer under his seal of office, shall be evidence in all

cases where the originals would be evidence.

-SOURCE-

(R.S. Sec. 2229; 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; Oct. 25, 1951, ch. 562, Sec. 3(3), 65 Stat. 639.)

-COD-

CODIFICATION

R.S. Sec. 2229 derived from act May 18, 1858, ch. 39, Sec. 1, 11

Stat. 289.

-MISC1-

AMENDMENTS

1951 - Act Oct. 25, 1951, inserted "until disposed of as provided

by law".

-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 "Supervisor of Surveys" on authority on section 403

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

this title.

Previously, "Supervisor of Surveys" was substituted for "surveyor

general" by act Mar. 3, 1925.

-End-

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43 USC Sec. 60 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

-HEAD-

Sec. 60. Stationery for mineral surveys

-STATUTE-

The stationery and drafting instruments purchased on and after

March 3, 1901, for exclusive use of the Secretary of the Interior

or such officers as he may designate in the preparation of plats

and field notes of mineral surveys, as also the rent of additional

quarters that may be necessary for the execution of such work,

shall be paid for out of the fund created by deposits made by

individuals to the credit of the United States to cover the cost of

office work on such mineral surveys.

-SOURCE-

(Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 1003; 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.)

-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 "Field Surveying Service" on authority of section

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

of this title.

Previously, "Field Surveying Service" substituted for

"surveyors-general" on authority of act Mar. 3, 1925, which

abolished office of surveyor general and transferred its activities

to Field Surveying Service.

-End-

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43 USC Secs. 61 to 63 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 3 - SURVEYS

-HEAD-

Secs. 61 to 63. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.

1029

-MISC1-

Section 61, R.S. Sec. 2230; act Mar. 3, 1925, ch. 462, 43 Stat.

1144, related to bonds for deputy surveyors.

Section 62, R.S. Sec. 2231, act Mar. 3, 1925, ch. 462, 43 Stat.

1144, related to oath of deputy surveyors.

Section 63, R.S. Sec. 2232; act Mar. 3, 1925, ch. 462, 43 Stat.

1144, related to suits on bond of deputy surveyors.

-End-