-CITE-

43 USC CHAPTER 18 - SURVEY OF PUBLIC LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-MISC1-

Sec.

751. Rules of survey.

751a. Survey system extended to Alaska.

751b. Surveys in Nome and Fairbanks districts.

752. Boundaries and contents of public lands; how

ascertained.

753. Lines of division of half quarter sections; how run.

754 to 756. Repealed.

757. Cost of survey of private land claims to be reported

and paid.

758. Delivery of patent contingent on refund of cost of

survey.

759. Survey for and by settlers in township.

760. Deposit for expenses deemed an appropriation.

761. Repayment of excess of deposits to cover cost of

surveys of mineral lands.

762. Deposits made by settlers for surveys to go in part

payment of lands.

763. Deposits in Louisiana applicable to resurveys.

764, 765. Repealed.

766. Geological surveys, extension of public surveys,

expenses of subdividing.

767 to 769. Repealed.

770. Rectangular mode of survey; departure from.

771. Repealed.

772. Resurveys or retracements to mark boundaries of

undisposed lands.

773. Resurveys or retracements of township lines, etc.

774. Protection of surveyor by marshal.

775. Omitted.

-End-

-CITE-

43 USC Sec. 751 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 751. Rules of survey

-STATUTE-

The public lands shall be divided by north and south lines run

according to the true meridian, and by others crossing them at

right angles, so as to form townships of six miles square, unless

where the line of an Indian reservation, or of tracts of land

surveyed or patented prior to May 18, 1796, or the course of

navigable rivers, may render this impracticable; and in that case

this rule must be departed from no further than such particular

circumstances require.

Second. The corners of the townships must be marked with

progressive numbers from the beginning; each distance of a mile

between such corners must be also distinctly marked with marks

different from those of the corners.

Third. The township shall be subdivided into sections,

containing, as nearly as may be, six hundred and forty acres each,

by running parallel lines through the same from east to west and

from south to north at the distance of one mile from each other,

and marking corners at the distance of each half mile. The sections

shall be numbered, respectively, beginning with the number one in

the northeast section and proceeding west and east alternately

through the township with progressive numbers, until the thirty-six

be completed.

Fourth. The deputy surveyors, respectively, shall cause to be

marked on a tree near each corner established in the manner

described, and within the section, the number of such section, and

over it the number of the township within which such section may

be; and the deputy surveyors shall carefully note, in their

respective field books, the names of the corner trees marked and

the numbers so made.

Fifth. Where the exterior lines of the townships which may be

subdivided into sections or half-sections exceed, or do not extend

six miles, the excess or deficiency shall be specially noted, and

added to or deducted from the western and northern ranges of

sections or half-sections in such township, according as the error

may be in running the lines from east to west, or from north to

south; the sections and half-sections bounded on the northern and

western lines of such townships shall be sold as containing only

the quantity expressed in the returns and plats respectively, and

all others as containing the complete legal quantity.

Sixth. All lines shall be plainly marked upon trees, and measured

with chains, containing two perches of sixteen and one-half feet

each, subdivided into twenty-five equal links; and the chain shall

be adjusted to a standard to be kept for that purpose.

Seventh. Every surveyor shall note in his field book the true

situations of all mines, salt licks, salt springs, and mill-seats

which come to his knowledge; all watercourses over which the line

he runs may pass; and also the quality of the lands.

Eighth. These field books shall be returned to the Secretary of

the Interior or such officer as he may designate, who shall cause

therefrom a description of the whole lands surveyed to be made out

and transmitted to the officers who may superintend the sales. He

shall also cause a fair plat to be made of the townships and

fractional parts of townships contained in the lands, describing

the subdivisions thereof, and the marks of the corners. This plat

shall be recorded in books to be kept for that purpose; and a copy

thereof shall be kept open at the office of the Secretary of the

Interior or of such agency as he may designate for public

information, and other copies shall be sent to the places of the

sale, and to the Bureau of Land Management.

-SOURCE-

(R.S. Sec. 2395; 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; Apr. 29, 1950, ch. 134, Sec. 1, 64 Stat. 92.)

-COD-

CODIFICATION

R.S. Sec. 2395 derived from acts May 18, 1796, ch. 29, Sec. 2, 1

Stat. 465; May 10, 1800, ch. 55, Sec. 3, 2 Stat. 73; Mar. 3, 1877,

ch. 105, 19 Stat. 348.

-MISC1-

AMENDMENTS

1950 - Par. Third. Act Apr. 29, 1950, struck out provision that

sections 1 mile square in townships be established by running

survey lines 2 miles apart.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

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

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

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

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

In par. "Eighth", reference to "United States Supervisor of

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

he may designate,"; "office of the Field Surveying Service" changed

to "office of the Secretary of the Interior or of such agency as he

may designate,"; and "General Land Office" changed to "Bureau of

Land Management", 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.

-MISC2-

LAND INFORMATION STUDY; REPORT TO CONGRESS

Pub. L. 100-409, Sec. 8, Aug. 20, 1988, 102 Stat. 1091, provided

that:

"(a) Study. - The Secretary of the Interior shall conduct an

assessment of the need for and cost and benefits associated with

improvements in the existing methods of land surveying and mapping

and of collecting, storing, retrieving, disseminating, and using

information about Federal and other lands.

"(b) Consultation. - In conducting the assessment required by

this section, the Secretary of the Interior shall consult with the

following -

"(1) the Secretary of Agriculture;

"(2) the Secretary of Commerce;

"(3) the Director of the National Science Foundation;

"(4) representatives of State and local governments;

"(5) representatives of private sector surveying and mapping

science.

"(c) Report. - No later than one year after the day of enactment

of this Act [Aug. 20, 1988], the Secretary of the Interior shall

report to the Congress concerning the results of the assessment

required by this section.

"(d) Topics. - In the report required by subsection (c), the

Secretary of the Interior shall include a discussion and evaluation

of the following:

"(1) relevant recommendations made by the National Academy of

Sciences (National Research Council) on the concept of a

multipurpose cadastre from time to time prior to the date of

enactment of this Act [Aug. 20, 1988];

"(2) ongoing activities concerning development of an overall

reference frame for land and resource information, including but

not limited to a geodetic network, a series of current and

accurate large-scale maps, cadastral overlay maps, unique

identifying numbers linking specific land parcels to a common

index of all land records in United States cadastral systems, and

a series of land data files;

"(3) ways to achieve better definition of the roles of Federal

and other governmental agencies and the private sector in dealing

with land information systems;

"(4) ways to improve the coordination of Federal land

information activities; and

"(5) model standards developed by the Secretary for compatible

multipurpose land information systems for use by Federal, State

and local governmental agencies, the public, and the private

sector.

"(e) Recommendations. - The report required by subsection (c) may

also include such recommendations for legislation as the Secretary

of the Interior considers necessary or desirable."

-End-

-CITE-

43 USC Sec. 751a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 751a. Survey system extended to Alaska

-STATUTE-

The system of public land surveys is extended to the Territory of

Alaska.

-SOURCE-

(Mar. 3, 1899, ch. 424, 30 Stat. 1098.)

-COD-

CODIFICATION

Section was formerly classified to section 351 of Title 48,

Territories and Insular Possessions.

Section is from the Sundry Civil Appropriation Act, 1900.

-MISC1-

ADMISSION OF ALASKA AS STATE

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

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

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

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

48, Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 751b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 751b. Surveys in Nome and Fairbanks districts

-STATUTE-

The Secretary of the Interior or such officer as he may

designate, shall furnish the land offices at Nome and Fairbanks a

sufficient quantity of numbers to be used in the different classes

of official surveys that may be made in the Nome and Fairbanks land

districts to meet the requirements thereof, and upon application by

any person desiring to have an official survey made such officers

as the Secretary of the Interior may designate shall furnish a

number or numbers for such survey or surveys, together with an

order directing a qualified deputy surveyor to make the same, and

such application, order, and the fee required to be paid shall be

transmitted to the Secretary of the Interior or such officer as he

may designate: Provided, That all surveys thus made shall be

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

designate.

-SOURCE-

(Mar. 2, 1907, ch. 2537, Sec. 4, 34 Stat. 1232; Mar. 3, 1925, ch.

462, 43 Stat. 1144; Oct. 9, 1942, ch. 584, Sec. 2, 56 Stat. 779;

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

60 Stat. 1100.)

-COD-

CODIFICATION

Section was formerly classified to section 352 of Title 48,

Territories and Insular Possessions.

-MISC1-

REPEALS

Act Oct. 9, 1942, ch. 584, Sec. 2, 56 Stat. 779, cited as a

credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a),

Sept. 6, 1966, 80 Stat. 651.

-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.

Functions of Supervisor of Surveys and Registers transferred to

Secretary of the Interior or those officers as he may designate by

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

section 1 of this title.

References to "receivers" changed to "registers" by act Oct. 9,

1942, which abolished office of receiver and transferred functions

to an employee to be designated by Secretary and to be performed

under title "register".

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. 752 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 752. Boundaries and contents of public lands; how ascertained

-STATUTE-

The boundaries and contents of the several sections,

half-sections, and quarter-sections of the public lands shall be

ascertained in conformity with the following principles:

First. All the corners marked in the surveys, returned by the

Secretary of the Interior or such agency as he may designate, shall

be established as the proper corners of sections, or subdivisions

of sections, which they were intended to designate; and the corners

of half- and quarter-sections, not marked on the surveys, shall be

placed as nearly as possible equidistant from two corners which

stand on the same line.

Second. The boundary lines, actually run and marked in the

surveys returned by the Secretary of the Interior or such agency as

he may designate, shall be established as the proper boundary lines

of the sections, or subdivisions, for which they were intended, and

the length of such lines as returned, shall be held and considered

as the true length thereof. And the boundary lines which have not

been actually run and marked shall be ascertained, by running

straight lines from the established corners to the opposite

corresponding corners; but in those portions of the fractional

townships where no such opposite corresponding corners have been or

can be fixed, the boundary lines shall be ascertained by running

from the established corners due north and south or east and west

lines, as the case may be, to the watercourse, Indian boundary

line, or other external boundary of such fractional township.

Third. Each section or subdivision of section, the contents

whereof have been returned by the Secretary of the Interior or such

agency as he may designate, shall be held and considered as

containing the exact quantity expressed in such return; and the

half sections and quarter sections, the contents whereof shall not

have been thus returned, shall be held and considered as containing

the one-half or the one-fourth part, respectively, of the returned

contents of the section of which they may make part.

-SOURCE-

(R.S. Sec. 2396; 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

R.S. Sec. 2396 derived from act Feb. 11, 1805, ch. 14, Sec. 2, 2

Stat. 313.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

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

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

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

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

In pars. "First", "Second" and "Third", reference to "Field

Surveying Service" changed to "Secretary of the Interior or such

agency as he may designate", on authority of section 403 of Reorg.

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

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 753 of this title.

-End-

-CITE-

43 USC Sec. 753 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 753. Lines of division of half quarter sections; how run

-STATUTE-

In every case of the division of a quarter section the line for

the division thereof shall run north and south, and the corners and

contents of half quarter sections which may thereafter be sold,

shall be ascertained in the manner and on the principles directed

and prescribed by section 752 of this title, and fractional

sections containing one hundred and sixty acres or upwards shall in

like manner as nearly as practicable be subdivided into half

quarter sections under such rules and regulations as may be

prescribed by the Secretary of the Interior, and in every case of a

division of a half quarter section, the line for the division

thereof shall run east and west, and the corners and contents of

quarter quarter sections, which may thereafter be sold, shall be

ascertained as nearly as may be, in the manner, and on the

principles, directed and prescribed by the section preceding; and

fractional sections containing fewer or more than one hundred and

sixty acres shall in like manner, as nearly as may be practicable,

be subdivided into quarter quarter sections, under such rules and

regulations as may be prescribed by the Secretary of the Interior.

-SOURCE-

(R.S. Sec. 2397.)

-COD-

CODIFICATION

R.S. Sec. 2397 derived from acts Apr. 24, 1820, ch. 51, Sec. 1, 3

Stat. 566; Apr. 5, 1832, ch. 65, 4 Stat. 503.

-End-

-CITE-

43 USC Secs. 754 to 756 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Secs. 754 to 756. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.

1029

-MISC1-

Section 754, R.S. Sec. 2398, related to binding effect of

contracts for surveys.

Section 755, R.S. Sec. 2399; acts Oct. 1, 1890, ch. 1262, 26

Stat. 650; Aug. 15, 1894, ch. 288, 28 Stat. 285; Apr. 26, 1902, ch.

592, 32 Stat. 120; Mar. 3, 1925, ch. 462, 43 Stat. 1144, related to

various surveying instructions which were to be deemed part of

every contract for survey.

Section 756, R.S. Sec. 2400; act Mar. 3, 1875, ch. 130, Sec. 1,

18 Stat. 384, related to establishment of prices of surveys.

-End-

-CITE-

43 USC Sec. 757 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 757. Cost of survey of private land claims to be reported and

paid

-STATUTE-

An accurate account shall be kept by the Secretary of the

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

surveying and platting every private land claim to be reported to

the Bureau of Land Management with the map of such claim; and a

patent shall not issue nor shall any copy of any such survey be

furnished for any such private claim until the cost of survey and

platting shall have been paid into the Treasury of the United

States by the party or parties in interest in said grant or by any

other party.

-SOURCE-

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

"Field Surveying Service" changed to "Secretary of the Interior

or such agency as he may designate" and "General Land Office"

changed to "Bureau of Land Management", 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. 758 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 758. Delivery of patent contingent on refund of cost of survey

-STATUTE-

In all cases of the survey of private land claims the cost of the

same shall be refunded to the Treasury by the owner before the

delivery of the patent.

-SOURCE-

(Mar. 3, 1885, ch. 360, 23 Stat. 499.)

-End-

-CITE-

43 USC Sec. 759 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 759. Survey for and by settlers in township

-STATUTE-

When the settlers in any township not mineral or reserved by the

Government, or persons and associations lawfully possessed of coal

lands and otherwise qualified to make entry thereof, or when the

owners or grantees of public lands of the United States, under any

law thereof, desire a survey made of the same under the authority

of such agency as the Secretary of the Interior may designate and

shall file an application therefor in writing, and shall deposit in

a proper United States depository to the credit of the United

States a sum sufficient to pay for such survey, together with all

expenditures incident thereto, without cost or claim for indemnity

on the United States, it shall be lawful for such agency, under

such instructions as may be given by the Secretary of the Interior

or such officer as he may designate, and in accordance with law, to

survey such township or such public lands owned by said grantees of

the Government, and make return therefor to the general and proper

local land office: Provided, That no application shall be granted

unless the township so proposed to be surveyed is within the range

of the regular progress of the public surveys embraced by existing

standard lines or bases for township and subdivisional surveys.

-SOURCE-

(R.S. Sec. 2401; Aug. 20, 1894, ch. 302, Sec. 1, 28 Stat. 423; 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

R.S. Sec. 2401 derived from act May 30, 1862, ch. 86, Sec. 10, 12

Stat. 410.

-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.

References to "the Field Surveying Service" changed to "such

agency as the Secretary of the Interior may designate" and "such

agency,", respectively; and "Commissioner of the General Land

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

may designate", on authority of section 403 of Reorg. Plan No. 3 of

1946. See note set out under section 1 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 760, 762, 763 of this

title.

-End-

-CITE-

43 USC Sec. 760 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 760. Deposit for expenses deemed an appropriation

-STATUTE-

The deposit of money in a proper United States depository, under

the provisions of section 759 of this title, shall be deemed an

appropriation of the sums so deposited for the objects contemplated

by said section, and the Secretary of the Treasury is authorized to

cause the sums so deposited to be placed to the credit of the

proper appropriations for the surveying service; but any excesses

in such sums over and above the actual cost of the surveys,

comprising all expenses incident thereto, for which they were

severally deposited, shall be repaid to the depositors

respectively.

-SOURCE-

(R.S. Sec. 2402.)

-COD-

CODIFICATION

R.S. Sec. 2402 derived from Res. July 1, 1864, No. 60, 13 Stat.

414.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 763 of this title.

-End-

-CITE-

43 USC Sec. 761 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 761. Repayment of excess of deposits to cover cost of surveys

of mineral lands

-STATUTE-

The Secretary of the Treasury is authorized and directed to pay,

out of the moneys heretofore or hereafter covered into the Treasury

from deposits made by individuals to cover cost of work performed

and to be performed in the offices of such agency as the Secretary

of the Interior may designate in connection with the survey of

mineral lands, any excess in the amount deposited over and above

the actual cost of the work performed, including all expenses

incident thereto for which the deposits were severally made or the

whole of any unused deposit; and such sums, as the several cases

may be, shall be deemed to be annually and permanently appropriated

for that purpose. Such repayments shall be made to the person or

persons who made the several deposits, or to his or their legal

representatives, after the completion or abandonment of the work

for which the deposits were made, and upon an account certified by

the office of such agency of the district in which the mineral land

surveyed, or sought to be surveyed, is situated and approved by the

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

-SOURCE-

(Feb. 24, 1909, ch. 180, 35 Stat. 645; 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.

References to "the United States Field Surveying Service" and

"the Field Surveying Service" changed to "such agency as the

Secretary of the Interior may designate", and "the office of such

agency", respectively; and "Commissioner of the General Land

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

may designate", on authority of section 403 of Reorg. Plan No. 3 of

1946. See note set out under section 1 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 763 of this title.

-End-

-CITE-

43 USC Sec. 762 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 762. Deposits made by settlers for surveys to go in part

payment of lands

-STATUTE-

Where settlers or owners or grantees of public lands make

deposits in accordance with the provisions of section 759 of this

title, certificates shall be issued for such deposits which may be

used by settlers in part payment for the lands settled upon by

them, the survey of which is paid for out of such deposits, or said

certificates may be assigned by indorsement and may be received by

the Government in payment for any public lands of the United States

in the States where the surveys were made, entered or to be entered

under the laws thereof.

-SOURCE-

(R.S. Sec. 2403; Apr. 27, 1876, ch. 84, 19 Stat. 38; Mar. 3, 1879,

ch. 170, 20 Stat. 352; Aug. 20, 1894, ch. 302, Sec. 2, 28 Stat.

423.)

-COD-

CODIFICATION

R.S. Sec. 2403 derived from acts Mar. 3, 1871, ch. 127, 16 Stat.

581; Apr. 27, 1876, ch. 84, 19 Stat. 38.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 763 of this title.

-End-

-CITE-

43 USC Sec. 763 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 763. Deposits in Louisiana applicable to resurveys

-STATUTE-

Such sums as have been or may be deposited for surveys in

Louisiana by actual settlers, under sections 759, 760, and 762 of

this title, may be, in whole or in part, employed in making such

resurveys as may be necessary in the discretion of the Secretary of

the Interior or such officer as he may designate.

-SOURCE-

(Aug. 7, 1882, ch. 433, 22 Stat. 327; 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 "Commissioner of the General Land Office" on

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

out under section 1 of this title.

-End-

-CITE-

43 USC Secs. 764, 765 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Secs. 764, 765. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.

1029

-MISC1-

Section 764, R.S. Sec. 2404, related to augmented rates for

surveys of forest lands in Oregon.

Section 765, R.S. Sec. 2405, related to augmented rates for

surveys of forest lands in California and Washington.

-End-

-CITE-

43 USC Sec. 766 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 766. Geological surveys, extension of public surveys, expenses

of subdividing

-STATUTE-

There shall be no further geological survey by the Government,

unless authorized by law. The public surveys shall extend over all

mineral lands; and all subdividing of surveyed lands into lots less

than one hundred and sixty acres may be done by county and local

surveyors at the expense of claimants; but nothing in this section

contained shall require the survey of waste or useless lands.

-SOURCE-

(R.S. Sec. 2406.)

-COD-

CODIFICATION

R.S. Sec. 2406 derived from acts July 21, 1852, ch. 66, Sec. 1,

10 Stat. 15, 21; July 9, 1870, ch. 235, Sec. 16, 16 Stat. 218.

-MISC1-

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-

43 USC Sec. 767 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 767. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-

Section, R.S. Sec. 2407, authorized a departure from ordinary

method in surveying land on a watercourse.

-End-

-CITE-

43 USC Secs. 768, 769 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Secs. 768, 769. Repealed. Apr. 29, 1950, ch. 134, Sec. 4, 64 Stat.

93

-MISC1-

Section 768, R.S. Sec. 2408, authorized Secretary of the Interior

to vary lines of subdivisions from a rectangular form to suit the

circumstances of the country in extending the surveys of public

lands in Nevada. See section 770 of this title.

Section 769, R.S. Sec. 2409, authorized Secretary of the Interior

to continue geodetic method of survey in Oregon and California.

-End-

-CITE-

43 USC Sec. 770 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 770. Rectangular mode of survey; departure from

-STATUTE-

The Secretary of the Interior may, by regulation, provide that

departures may be made from the system of rectangular surveys

whenever it is not feasible or economical to extend the rectangular

surveys in the regular manner or whenever such departure would

promote the beneficial use of lands.

-SOURCE-

(R.S. Sec. 2410; Apr. 29, 1950, ch. 134, Sec. 2, 64 Stat. 93.)

-COD-

CODIFICATION

R.S. Sec. 2410 derived from act Mar. 3, 1853, ch. 145, Sec. 4, 10

Stat. 245.

-MISC1-

AMENDMENTS

1950 - Act Apr. 29, 1950, struck out limitation that, when there

are departures from the rectangular surveys, the lands shall not be

surveyed into less than 160 acres or subdivided into less than 40

acres, and by substituting a general provision for those

departures.

-End-

-CITE-

43 USC Sec. 771 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 771. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-

Section, R.S. Sec. 2411, related to compensation for surveying by

the day instead of by the mile in Oregon and California.

-End-

-CITE-

43 USC Sec. 772 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 772. Resurveys or retracements to mark boundaries of

undisposed lands

-STATUTE-

The Secretary of the Interior may, as of March 3, 1909, in his

discretion cause to be made, as he may deem wise under the

rectangular system on that date provided by law, such resurveys or

retracements of the surveys of public lands as, after full

investigation, he may deem essential to properly mark the

boundaries of the public lands remaining undisposed of: Provided,

That no such resurvey or retracement shall be so executed as to

impair the bona fide rights or claims of any claimant, entryman, or

owner of lands affected by such resurvey or retracement.

-SOURCE-

(Mar. 3, 1909, ch. 271, 35 Stat. 845; June 25, 1910, No. 40, 36

Stat. 884; Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976,

90 Stat. 2792.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 struck out proviso authorizing that not

more than 20 per centum of relevant appropriations be used for

resurveys and retracements under this section.

EFFECTIVE DATE OF 1976 AMENDMENT

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

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

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

-End-

-CITE-

43 USC Sec. 773 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 773. Resurveys or retracements of township lines, etc.

-STATUTE-

Upon the application of the owners of three-fourths of the

privately owned lands in any township covered by public-land

surveys, more than 50 per centum of the area of which townships is

privately owned, accompanied by a deposit with the Secretary of the

Interior, or such officer as he may designate, of the proportionate

estimated cost, inclusive of the necessary work, of the resurvey or

retracement of all the privately owned lands in said township, the

Secretary, or such officer as he may designate, shall be authorized

in his discretion to cause to be made a resurvey or retracement of

the lines of said township and to set permanent corners and

monuments in accordance with the laws and regulations governing

surveys and resurveys of public lands. The sum so deposited shall

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

designate, and may be expended in payment of the cost of such

survey, including field and office work, and any excess over the

cost of such survey and the expenses incident thereto shall be

repaid pro rata to the persons making said deposits or their legal

representatives. The proportionate cost of the field and office

work for the resurvey or retracement of any public lands in such

township shall be paid from the current appropriation for the

survey and resurvey of public lands, in addition to the portion of

such appropriation otherwise allowed by law for resurveys and

retracements. Similar resurveys and retracements may be made on the

application, accompanied by the requisite deposit, of any court of

competent jurisdiction, the returns of such resurvey or retracement

to be submitted to the court. The Secretary of the Interior is

authorized to make all necessary rules and regulations to carry

this section into full force and effect.

-SOURCE-

(Sept. 21, 1918, ch. 175, 40 Stat. 965; 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.

"Supervisor of Surveys" changed to the "Secretary of the

Interior, or such officer as he may designate,"; "Commissioner of

the General Land Office subject to the supervisory authority of the

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

as he may designate,"; and reference to "Supervisor of Surveys or

commissioner" changed to "Secretary of the Interior or such officer

as he may designate,", all on authority of section 403 of Reorg.

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

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

transferred administration of all activities in charge of surveyors

general to Field Surveying Service under jurisdiction of United

States Supervisor of Surveys.

-End-

-CITE-

43 USC Sec. 774 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 774. Protection of surveyor by marshal

-STATUTE-

Whenever the President is satisfied that forcible opposition has

been offered, or is likely to be offered, to any surveyor or deputy

surveyor in the discharge of his duties in surveying the public

lands, it may be lawful for the President to order the marshal of

the State or district, by himself or deputy, to attend such

surveyor or deputy surveyor with sufficient force to protect such

officer in the execution of his duty, and to remove force should

any be offered.

-SOURCE-

(R.S. Sec. 2413.)

-COD-

CODIFICATION

R.S. Sec. 2413 derived from act May 29, 1830, ch. 163, Sec. 2, 4

Stat. 417.

-End-

-CITE-

43 USC Sec. 775 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-

Sec. 775. Omitted

-COD-

CODIFICATION

Section, act May 13, 1960, Pub. L. 86-455, title I, 74 Stat. 106,

related to contributions for costs of management of lands and for

surveying federally controlled lands, was from the Department of

the Interior and Related Agencies Appropriation Act, 1961, and was

not repeated in subsequent appropriation acts. Similar provisions

were contained in the following prior appropriation acts:

June 23, 1959, Pub. L. 86-60, title I, 72 Stat. 93.

June 4, 1958, Pub. L. 85-439, title I, 72 Stat. 156.

July 1, 1957, Pub. L. 85-77, title I, 71 Stat. 528.

June 13, 1956, ch. 380, title I, 70 Stat. 258.

June 16, 1955, ch. 147, title I, 69 Stat. 142.

July 1, 1954, ch. 446, title I, 68 Stat. 362.

July 31, 1953, ch. 298, title I, 67 Stat. 263.

July 9, 1952, ch. 597, title I, 66 Stat. 447.

-End-