-CITE-

43 USC CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON

ROADS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-MISC1-

Sec.

881. Cost of survey of grants to railroads; payment.

882. Surveyed lands taxable notwithstanding lien; provisos.

883. Collection of costs of surveying, etc.; reimbursement

of purchaser.

884. Right of forfeiture of railroad grants not affected.

885. Union Pacific Railroad lands.

886. Survey of lands within limits of railroad grants.

887. Deposits for surveys of lands granted to railroads.

888. Selection by railroads of lands in lieu of lands

entered subsequent to accrual of rights; title of

settlers.

889. Rights of entrymen whose entries had not been admitted

to record.

890. Homestead entries on railroad lands prior to

withdrawal or after restoration to market confirmed.

891. Abandoned railroad lands; reentry.

892. Entries after expiration of grant.

893. Rights of permissive settlers on railroad lands

restored to public domain.

894. Adjustment of land grants to railroads.

895. Cancellation of patents erroneously issued;

reconveyance.

896. Erroneous cancellation of bona fide entries corrected.

897. Patents to purchasers from railroads; purchase money.

898. Rights of purchasers from railroads of coterminous

lands not within grants.

899. Limitation of quantity to be conveyed.

900. Suits to cancel patents to lands erroneously issued

under railroad or wagon-road grants.

901. Claims of bona fide purchasers; establishment of

rights.

902. Cancellation; investigation before suit.

903. Relief of settlers on lands granted in aid of wagon

roads.

904. Forfeiture of unearned grants; restoration to public

domain.

905. Homestead entries on forfeited lands.

906. Purchase by bona fide purchasers from grantees;

removal of crops and improvements.

907. Rights of original grantees to forfeited lands.

908. Deposits by railroad companies for costs of surveying

and conveying unsurveyed lands granted.

909. Forfeiture of grant on failure to make deposit.

910. Right to extend public surveys over lands granted, and

other rights of United States, not affected.

911. Regulations.

912. Disposition of abandoned or forfeited railroad grants.

913. Conveyance by land grant railroads of portions of

rights of way to State, county, or municipality.

914. Omitted.

-End-

-CITE-

43 USC Sec. 881 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 881. Cost of survey of grants to railroads; payment

-STATUTE-

Before any land granted to any railroad company by the United

States shall be conveyed to such company, or any persons entitled

thereto under any of the acts incorporating or relating to said

company, unless such company is exempted by law from the payment of

such cost, there shall first be paid into the Treasury of the

United States the cost of surveying, selecting, and conveying the

same by the said company or persons in interest.

-SOURCE-

(July 15, 1870, ch. 292, 16 Stat. 305; July 31, 1876, ch. 246, 19

Stat. 121.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 886 of this title.

-End-

-CITE-

43 USC Sec. 882 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 882. Surveyed lands taxable notwithstanding lien; provisos

-STATUTE-

No lands granted to any railroad corporation by any Act of

Congress shall be exempt from taxation by States, Territories, and

municipal corporations on account of the lien of the United States

upon the same for the costs of surveying, selecting, and conveying

the same, or because no patent has been issued therefor; but this

provision shall not apply to lands unsurveyed: Provided, That any

such land sold for taxes shall be taken by the purchaser subject to

the lien for costs of surveying, selecting, and conveying, to be

paid in such manner by the purchaser as the Secretary of the

Interior may by rule provide and to all liens of the United States,

all mortgages of the United States, and all rights of the United

States in respect of such lands: Provided further, That sections

882 to 885 of this title shall apply only to lands situated

opposite to and coterminous with completed portions of said roads,

and in organized counties: Provided further, That at any sale of

lands under the provisions of sections 882 to 885 of this title the

United States may become a preferred purchaser, and in such case

the lands sold shall be restored to the public domain and disposed

of as provided by the laws relating thereto.

-SOURCE-

(July 10, 1886, ch. 764, Sec. 1, 24 Stat. 143.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 883, 884, 885 of this

title.

-End-

-CITE-

43 USC Sec. 883 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 883. Collection of costs of surveying, etc.; reimbursement of

purchaser

-STATUTE-

If any railroad corporation required by law to pay the costs of

surveying, selecting, or conveying any lands granted to such

company or for its use and benefit by Act of Congress shall for

thirty days neglect or refuse to pay any such costs after demand

for payment thereof by the Secretary of the Interior, he shall

notify the Attorney General, who shall at once commence proceedings

to collect the same. But when any sum shall be collected of such

railroad company as costs of surveying, selecting, and conveying

any tract of land which shall have been purchased under the

provisions of section 882 of this title, the Secretary of the

Interior shall out of such collections reimburse said purchaser,

his heirs or assigns, the amount of money paid by him as the costs

of such surveying, selecting, and conveying.

-SOURCE-

(July 10, 1886, ch. 764, Sec. 2, 24 Stat. 143.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 882, 884, 885 of this

title.

-End-

-CITE-

43 USC Sec. 884 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 884. Right of forfeiture of railroad grants not affected

-STATUTE-

Sections 882 to 885 of this title shall not affect the right of

the Government to declare or enforce a forfeiture of any lands so

granted; but all the rights of the United States to said lands or

to any interest therein shall be and remain as if said sections had

not passed, except as to the lien mentioned in section 882 of this

title.

-SOURCE-

(July 10, 1886, ch. 764, Sec. 3, 24 Stat. 143.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 882, 885 of this title.

-End-

-CITE-

43 USC Sec. 885 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 885. Union Pacific Railroad lands

-STATUTE-

The costs of surveying, selecting, and conveying lands granted to

the Union Pacific Railroad Company shall become due and payable at

and on the demand therefor made by the Secretary of the Interior as

provided in section 883 of this title, and nothing in sections 882

to 885 of this title shall be construed or taken in any wise to

affect or impair the right of Congress at any time further to

alter, amend, or repeal the Act of July 2, 1864, chapter 216, as in

the opinion of Congress, justice or the public welfare may require,

or to impair or waive any right or remedy in the premises existing

on July 10, 1886, in favor of the United States. Sections 882 to

885 of this title shall be subject to alteration, amendment, or

repeal.

-SOURCE-

(July 10, 1886, ch. 764, Sec. 4, 24 Stat. 143.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 2, 1864, referred to in text, is act July 2, 1864,

ch. 216, 13 Stat. 357, which enacted section 942-3 of this title

and first paragraph of former section 83 of Title 45, Railroads.

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 882, 884 of this title.

-End-

-CITE-

43 USC Sec. 886 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 886. Survey of lands within limits of railroad grants

-STATUTE-

For the survey of the public lands lying within the limits of

land grants made by Congress to aid in the construction of

railroads, and the selection therein of such lands as are granted

therefor, to enable the Secretary of the Interior to carry out the

provisions of section 894 of this title, the sum of $100,000

heretofore appropriated is made a continuing appropriation for the

survey of lands within the limits of railroad land grants, and any

money which shall be expended of such appropriation and reimbursed

and paid into the Treasury is reappropriated, and said sum shall

remain a continuing appropriation, and so often as any part of the

same shall, after being expended, be reimbursed by any railroad

company as hereinafter provided, the same shall be again available

for the purposes aforesaid: Provided, That any portion of said sum

expended for surveying such lands shall be reimbursed by the

respective companies or parties in interest for whose benefit the

lands are granted, according to the provisions of section 881 of

this title: And provided further, That whenever there shall have

been reimbursed and paid into the Treasury of the United States, by

the respective companies or parties in interest, any part of said

appropriation expended for surveys within such grants, there shall

be immediately available, out of any money in the Treasury not

otherwise appropriated, an amount equal to the amount so

reimbursed, and the same shall be available for the survey of the

public lands lying within the limits of the railroad land grants

made by Congress, until all of said lands shall have been surveyed:

Provided, That nothing herein contained shall be construed to

prevent the use, within the limits of any railroad land grant made

by Congress, of any part of any regular appropriation for surveying

the public lands: Provided, That no part of the foregoing money

shall be used for any land embraced in any grant to the State of

Florida: And provided further, That the provisions of law requiring

reimbursements to be made to the United States by railroad

corporations claiming such grants shall apply equally to the

successors of such railroad corporations acquiring title to their

lands and other property, under decree of foreclosure of any

mortgage authorized by Congress.

-SOURCE-

(Mar. 2, 1895, ch. 189, Sec. 1, 28 Stat. 937; Pub. L. 96-470, title

I, Sec. 108(b), Oct. 19, 1980, 94 Stat. 2239.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-470 struck out provision requiring Secretary of

the Interior to report to each regular session of Congress what has

been done under this section.

APPROPRIATIONS

Effective July 1, 1935, the continuing appropriation provided for

in this section was repealed by act June 26, 1934, ch. 756, Sec. 1,

48 Stat. 1225.

-End-

-CITE-

43 USC Sec. 887 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 887. Deposits for surveys of lands granted to railroads

-STATUTE-

When any railroad company claiming a grant of land under any Act

of Congress, desiring to secure the survey of any unsurveyed lands

within the limits of its grant, shall file an application therefor

in writing with such officer as the Secretary of the Interior may

designate, and deposit in a proper United States depository to the

credit of the United States a sum sufficient to pay for such survey

and for the examination thereof pursuant to law and the rules and

regulations of the Department of the Interior under the direction

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

designate, it shall thereupon be the duty of the Secretary or such

officer, or the Director of the United States Geological Survey, as

the case may be, to cause said lands to be surveyed.

For any deposits made by any railroad company hereunder,

certificates shall be issued, which may be used by such railroad

company, its successors or assigns, to the same extent as cash is

now allowed in payment of entries of public lands under existing

law and regulations for any public lands of the United States in

the States where the surveys were made, or for any survey or office

fees due the United States from such railroad company on account of

surveys of lands within its grant. The Secretary of the Interior

shall provide such rules and regulations as may be necessary for

carrying out the foregoing provisions.

-SOURCE-

(Feb. 27, 1899, ch. 205, 30 Stat. 892; 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; Pub. L. 102-154, title I, Nov. 13,

1991, 105 Stat. 1000.)

-CHANGE-

CHANGE OF NAME

"United States Geological Survey" substituted for "Geological

Survey" in first undesignated paragraph pursuant to provision of

title I of Pub. L. 102-154, set out as a note under section 31 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.

"Supervisor of Surveys," changed to "such officer as the

Secretary of the Interior may designate," and two references to

"Commissioner of the General Land Office," changed to "Secretary of

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

or such officer," 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. 888 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 888. Selection by railroads of lands in lieu of lands entered

subsequent to accrual of rights; title of settlers

-STATUTE-

In the adjustment of all railroad land grants, whether made

directly to any railroad company or to any State for railroad

purposes, if any of the lands granted be found in the possession of

an actual settler whose entry or filing has been allowed under the

preemption or homestead laws of the United States subsequent to the

time at which, by the decision of the land office, the right of

said road was declared to have attached to such lands, the

grantees, upon a proper relinquishment of the lands so entered or

filed for, shall be entitled to select an equal quantity of other

lands in lieu thereof from any of the public lands not mineral and

within the limits of the grant not otherwise appropriated at the

date of selection, to which they shall receive title the same as

though originally granted. And any such entries or filings thus

relieved from conflict may be perfected into complete title as if

such lands had not been granted: Provided, That nothing herein

contained shall in any manner be so construed as to enlarge or

extend any grant to any such railroad or to extend to lands

reserved in any land grant made for railroad purposes: And provided

further, That this section shall not be construed so as in any

manner to confirm or legalize any decision or ruling of the

Interior Department under which lands have been certified to any

railroad company when such lands have been entered by a preemption

or homestead settler after the location of the line of the road and

prior to the notice to the local land office of the withdrawal of

such lands from market.

-SOURCE-

(June 22, 1874, ch. 400, 18 Stat. 194.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 889, 903 of this title.

-End-

-CITE-

43 USC Sec. 889 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 889. Rights of entrymen whose entries had not been admitted to

record

-STATUTE-

The privileges granted by section 888 of this title are extended

(subject to the provisos, limitations, and restrictions thereof) to

all persons entitled to the right of homestead or preemption under

the laws of the United States, who have resided upon and improved

for five years lands granted to any railroad company, but whose

entries or filings have not for any cause been admitted to record.

-SOURCE-

(Aug. 29, 1890, ch. 819, 26 Stat. 369.)

-End-

-CITE-

43 USC Sec. 890 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 890. Homestead entries on railroad lands prior to withdrawal

or after restoration to market confirmed

-STATUTE-

All preemption and homestead entries, or entries in compliance

with any law of the United States, of the public lands, made in

good faith, by actual settlers, upon tracts of land of not more

than one hundred and sixty acres each, within the limits of any

land grant, prior to the time when notice of the withdrawal of the

lands embraced in such grant was received at the local land office

of the district in which such lands are situated, or after their

restoration to market by order of the Bureau of Land Management,

and where the preemption and homestead laws have been complied

with, and proper proofs thereof have been made by the parties

holding such tracts or parcels, shall be confirmed, and patents for

the same shall issue to the parties entitled thereto.

-SOURCE-

(Apr. 21, 1876, ch. 72, Sec. 1, 19 Stat. 35; 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.

"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. 891 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 891. Abandoned railroad lands; reentry

-STATUTE-

When at the time of such withdrawal as aforesaid, valid

preemption or homestead claims existed upon any lands within the

limits of any such grants which afterward were abandoned, and,

under the decisions and rulings of the Land Department, were

reentered by preemption or homestead claimants who have complied

with the laws governing preemption or homestead entries, and shall

make the proper proofs required under such laws, such entries shall

be deemed valid, and patents shall issue therefor to the person

entitled thereto.

-SOURCE-

(Apr. 21, 1876, ch. 72, Sec. 2, 19 Stat. 35.)

-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.

-End-

-CITE-

43 USC Sec. 892 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 892. Entries after expiration of grant

-STATUTE-

All such preemption and homestead entries which may have been

made by permission of the Land Department, or in pursuance of the

rules and instructions thereof, within the limits of any land grant

at a time subsequent to expiration of such grant, shall be deemed

valid, and a compliance with the laws and the making of the proof

required shall entitle the holder of such claim to a patent

therefor.

-SOURCE-

(Apr. 21, 1876, ch. 72, Sec. 3, 19 Stat. 36.)

-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.

-End-

-CITE-

43 USC Sec. 893 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 893. Rights of permissive settlers on railroad lands restored

to public domain

-STATUTE-

All persons who shall have settled and made valuable and

permanent improvements upon any odd-numbered section of land within

any railroad withdrawal in good faith and with the permission or

license of the railroad company for whose benefit the same shall

have been made, and with the expectation of purchasing of such

company the land so settled upon, which land so settled upon and

improved, may, for any cause, be restored to the public domain, and

who, at the time of such restoration, may not be entitled to enter

and acquire title to such land under the homestead laws of the

United States, shall be permitted, at any time within three months

after such restoration, and under such rules and regulations as the

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

prescribe, to purchase not to exceed one hundred and sixty acres in

extent of the same by legal subdivisions, at the price of $2.50 per

acre, and to receive patents therefor.

-SOURCE-

(Jan. 13, 1881, ch. 19, 21 Stat. 315; Mar. 3, 1891, ch. 561, Secs.

1, 4, 26 Stat. 1095, 1097; 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.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

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

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

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

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

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

substituted for "Commissioner of the General Land Office" on

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

out under section 1 of this title.

-End-

-CITE-

43 USC Sec. 894 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 894. Adjustment of land grants to railroads

-STATUTE-

The Secretary of the Interior is authorized and directed as of

March 3, 1887, to adjust, in accordance with the decisions of the

Supreme Court, each of the railroad land grants made by Congress to

aid in the construction of railroads and theretofore unadjusted.

-SOURCE-

(Mar. 3, 1887, ch. 376, Sec. 1, 24 Stat. 556.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 886, 897, 903, 906 of

this title.

-End-

-CITE-

43 USC Sec. 895 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 895. Cancellation of patents erroneously issued; reconveyance

-STATUTE-

If it shall appear, upon the completion of such adjustments,

respectively, or sooner, that lands were, from any cause, prior to

March 3, 1887, erroneously certified or patented, by the United

States, to or for the use or benefit of any company claiming by,

through, or under grant from the United States, to aid in the

construction of a railroad, it shall be the duty of the Secretary

of the Interior to thereupon demand from such company a

relinquishment or reconveyance to the United States of all such

lands, whether within granted or indemnity limits; and if such

company shall neglect or fail to so reconvey such lands to the

United States within ninety days after the aforesaid demand shall

have been made, it shall thereupon be the duty of the Attorney

General to commence and prosecute in the proper courts the

necessary proceedings to cancel all patents, certification, or

other evidence of title prior to March 3, 1887, issued for such

lands, and to restore the title thereof to the United States.

-SOURCE-

(Mar. 3, 1887, ch. 376, Sec. 2, 24 Stat. 556.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 897, 903, 906 of this

title.

-End-

-CITE-

43 USC Sec. 896 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 896. Erroneous cancellation of bona fide entries corrected

-STATUTE-

If, in the adjustment of said grants, it shall appear that the

homestead or preemption entry of any bona fide settler has been

erroneously canceled on account of any railroad grant or the

withdrawal of public lands from market, such settler upon

application shall be reinstated in all his rights and allowed to

perfect his entry by complying with the public-land laws: Provided,

That he has not located another claim or made an entry in lieu of

the one so erroneously canceled: And provided also, That he did not

voluntarily abandon said original entry: And provided further, That

if any of said settlers do not renew their application to be

reinstated within a reasonable time, to be fixed by the Secretary

of the Interior, then all such unclaimed lands shall be disposed of

under the public-land laws, with priority of right given to bona

fide purchasers of said unclaimed lands, if any, and if there be no

such purchasers, then to bona fide settlers residing thereon.

-SOURCE-

(Mar. 3, 1887, ch. 376, Sec. 3, 24 Stat. 557.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 897, 903, 906 of this

title.

-End-

-CITE-

43 USC Sec. 897 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 897. Patents to purchasers from railroads; purchase money

-STATUTE-

As to all lands, except those mentioned in section 896 of this

title, which have been so erroneously certified or patented as

aforesaid, and which have been sold by the grantee company to

citizens of the United States, or to persons who have declared

their intention to become such citizens, the person or persons so

purchasing in good faith, his heirs or assigns, shall be entitled

to the land so purchased, upon making proof of the fact of such

purchase at the proper land office, within such time and under such

rules as may be prescribed by the Secretary of the Interior, after

the grants respectively shall have been adjusted; and patents of

the United States shall issue therefor, and shall relate back to

the date of the original certification or patenting, and the

Secretary of the Interior, on behalf of the United States, shall

demand payment from the company which has so disposed of such lands

of an amount equal to the Government price of similar lands; and in

case of neglect or refusal of such company to make payment as

hereafter specified, within ninety days after the demand shall have

been made, the Attorney General shall cause suit or suits to be

brought against such company for the said amount: Provided, That

nothing in sections 894 to 899 of this title shall prevent any

purchaser of lands erroneously withdrawn, certified, or patented as

aforesaid from recovering the purchase money therefor from the

grantee company, less the amount paid to the United States by such

company as by said sections required: And provided, That a mortgage

or pledge of said lands by the company shall not be considered as a

sale for the purpose of said sections, nor shall said sections be

construed as a declaration of forfeiture of any portion of any land

grant for conditions broken, or as authorizing an entry for the

same, or as a waiver of any rights that the United States may have

on account of any breach of said conditions. Provided further, That

where such purchasers, their heirs or assigns, have paid only a

portion of the purchase price to the company, which is less than

the Government price of similar lands, they shall be required,

before the delivery of patent for their lands, to pay to the

Government a sum equal to the difference between the portion of the

purchase price so paid and the Government price, and in such case

the amount demanded from the company shall be the amount paid to it

by such purchaser.

-SOURCE-

(Mar. 3, 1887, ch. 376, Sec. 4, 24 Stat. 557; Feb. 12, 1896, ch.

18, 29 Stat. 6.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 903, 906 of this title.

-End-

-CITE-

43 USC Sec. 898 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 898. Rights of purchasers from railroads of coterminous lands

not within grants

-STATUTE-

Where any said company shall have sold to citizens of the United

States, or to persons who have declared their intention to become

such citizens, as a part of its grant, lands not conveyed to or for

the use of such company, said lands being the numbered sections

prescribed in the grant, and being coterminous with the constructed

parts of said road, and where the lands so sold are for any reason

excepted from the operation of the grant to said company, it shall

be lawful for the bona fide purchaser thereof from said company to

make payment to the United States for said lands at the ordinary

Government price for like lands, and thereupon patents shall issue

therefor to the said bona fide purchaser, his heirs or assigns:

Provided, That all lands shall be excepted from the provisions of

this section which at the date of such sales were in the bona fide

occupation of adverse claimants under the preemption or homestead

laws of the United States, and whose claims and occupation have not

since been voluntarily abandoned, as to which excepted lands the

said preemption and homestead claimants shall be permitted to

perfect their proofs and entries and receive patents therefor:

Provided further, That this section shall not apply to lands

settled upon subsequent to the 1st day of December, 1882, by

persons claiming to enter the same under the settlement laws of the

United States, as to which lands the parties claiming the same as

aforesaid shall be entitled to prove up and enter as in other like

cases.

-SOURCE-

(Mar. 3, 1887, ch. 376, Sec. 5, 24 Stat. 557.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 897, 903, 906 of this

title.

-End-

-CITE-

43 USC Sec. 899 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 899. Limitation of quantity to be conveyed

-STATUTE-

No more lands shall be certified or conveyed to any State or to

any corporation or individual, for the benefit of either of the

companies herein mentioned, where it shall appear to the Secretary

of the Interior that such transfers may create an excess over the

quantity of lands to which such State, corporation, or individual

would be rightfully entitled.

-SOURCE-

(Mar. 3, 1887, ch. 376, Sec. 7, 24 Stat. 558.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 897, 903, 906 of this

title.

-End-

-CITE-

43 USC Sec. 900 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 900. Suits to cancel patents to lands erroneously issued under

railroad or wagon-road grants

-STATUTE-

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

lands erroneously issued under a railroad or wagon-road grant shall

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

such patents. But no patent to any lands held by a bona fide

purchaser shall be vacated or annulled, but the right and title of

such purchaser is hereby confirmed: Provided, That no suit shall be

brought or maintained, nor shall recovery be had for lands or the

value thereof, that were certified or patented in lieu of other

lands covered by a grant which were lost or relinquished by the

grantee in consequence of the failure of the Government or its

officers to withdraw the same from sale or entry.

-SOURCE-

(Mar. 2, 1896, ch. 39, Sec. 1, 29 Stat. 42.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 903 of this title.

-End-

-CITE-

43 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 901. Claims of bona fide purchasers; establishment of rights

-STATUTE-

If any person claiming to be a bona fide purchaser of any lands

erroneously patented or certified shall present his claim to the

Secretary of the Interior prior to the institution of a suit to

cancel a patent or certification, and if it shall appear that he is

a bona fide purchaser, the Secretary of the Interior shall request

that suit be brought in such case against the patentee, or the

corporation, company, person, or association of persons for whose

benefit the certification was made, for the value of said land,

which in no case shall be more than the minimum Government price

thereof, and the title of such claimant shall stand confirmed. An

adverse decision by the Secretary of the Interior on the bona fides

of such claimant shall not be conclusive of his rights, and if such

claimant, or one claiming to be a bona fide purchaser, but who has

not submitted his claim to the Secretary of the Interior, is made a

party to such suit, and if found by the court to be a bona fide

purchaser, the court shall decree a confirmation of the title, and

shall render a decree in behalf of the United States against the

patentee, corporation, company, person, or association of persons

for whose benefit the certification was made for the value of the

land as hereinbefore provided. Any bona fide purchaser of lands

patented or certified to a railroad company, and who is not made a

party to such suit, and who has not submitted his claim to the

Secretary of the Interior, may establish his right as such bona

fide purchaser in any United States court having jurisdiction of

the subject matter, or at his option, as prescribed in sections 896

and 897 of this title.

-SOURCE-

(Mar. 2, 1896, ch. 39, Sec. 2, 29 Stat. 43.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 903 of this title.

-End-

-CITE-

43 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 902. Cancellation; investigation before suit

-STATUTE-

If at any time prior to the institution of suit by the Attorney

General to cancel any patent or certification of lands erroneously

patented or certified a claim or statement is presented to the

Secretary of the Interior by or on behalf of any person or persons,

corporation or corporations, claiming that such person or persons,

corporation or corporations, is a bona fide purchaser or are bona

fide purchasers of any patented or certified land by deed or

contract or otherwise, from or through the original patentee or

corporation to which patent or certification was issued, no suit or

action shall be brought to cancel or annul the patent or

certification for said land until such claim is investigated in

said Department of the Interior; and if it shall appear that such

person or corporation is a bona fide purchaser as aforesaid, or

that such persons or corporations are such bona fide purchasers,

then no such suit shall be instituted and the title of such

claimant or claimants shall stand confirmed; but the Secretary of

the Interior shall request that suit be brought in such case

against the patentee, or the corporation, company, person, or

association of persons for whose benefit the patent was issued or

certification was made for the value of the land as hereinbefore

specified.

-SOURCE-

(Mar. 2, 1896, ch. 39, Sec. 3, 29 Stat. 43.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 903 of this title.

-End-

-CITE-

43 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 903. Relief of settlers on lands granted in aid of wagon roads

-STATUTE-

The provision of section 888 of this title and all statutes

amendatory thereof or supplementary thereto, including sections 894

to 899 of this title, as modified or supplemented by sections 900

to 902 of this title, shall apply to grants of land in aid of the

construction of wagon roads.

-SOURCE-

(July 1, 1902, ch. 1386, 32 Stat. 733.)

-End-

-CITE-

43 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 904. Forfeiture of unearned grants; restoration to public

domain

-STATUTE-

There is forfeited to the United States, and the United States

resumes the title thereto, all lands granted prior to September 29,

1890, to any State or to any corporation to aid in the construction

of a railroad opposite to and coterminous with the portion of any

such railroad not on that date completed, and in operation, for the

construction or benefit of which such lands were granted; and all

such lands are declared to be a part of the public domain:

Provided, That sections 904 to 907 of this title shall not be

construed as forfeiting the right-of-way or station grounds of any

railroad company granted prior to September 29, 1890.

-SOURCE-

(Sept. 29, 1890, ch. 1040, Sec. 1, 26 Stat. 496.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 905, 906, 907 of this

title.

-End-

-CITE-

43 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 905. Homestead entries on forfeited lands

-STATUTE-

All persons who, on September 29, 1890, were actual settlers in

good faith on any of the lands forfeited by section 904 of this

title and were otherwise qualified, on making due claim on said

lands under the homestead law within six months after the date of

the promulgation by the Commissioner of the General Land Office of

the instructions to the officers of the local land offices, for

their direction in the disposition of said lands, shall be entitled

to a preference right to enter the same under the provisions of the

homestead law and sections 904 to 907 of this title, and shall be

regarded as such actual settlers from the date of actual settlement

or occupation; and any person who prior to September 29, 1890, has

not had the benefit of the homestead or preemption law, or who has

failed from any cause to perfect the title to a tract of land

theretofore entered by him under either of said laws, may make a

second homestead entry under the provisions of sections 904 to 907

of this title. The Secretary of the Interior shall make such rules

as will secure to such actual settlers these rights: Provided, That

nothing herein shall extend any time or enlarge any rights given by

sections 904 to 907 of this title to any railroad company.

-SOURCE-

(Sept. 29, 1890, ch. 1040, Sec. 2, 26 Stat. 496; Feb. 18, 1891, ch.

244, 26 Stat. 764.)

-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.

Office of Commissioner of General Land Office abolished and

functions transferred to Secretary of the Interior, or that officer

as he may designate, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 904, 906, 907 of this

title.

-End-

-CITE-

43 USC Sec. 906 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 906. Purchase by bona fide purchasers from grantees; removal

of crops and improvements

-STATUTE-

In all cases where persons being citizens of the United States,

or who have declared their intentions to become such, in accordance

with the naturalization laws of the United States, are in

possession of any of the lands affected by any such grant and

resumed by and restored to the United States, under deed, written

contract with, or license from, the State or corporation to which

such grant was made, or its assignees, executed prior to January 1,

1888, or where persons may have settled said lands with bona fide

intent to secure title thereto by purchase from the State or

corporation when earned by compliance with the conditions or

requirements of the granting Acts of Congress they shall be

entitled to purchase the same from the United States, in quantities

not exceeding three hundred and twenty acres to any one such

person, at the rate of $1.25 per acre, at any time prior to January

1, 1899, and on making said payments to receive patents therefor,

and where any such person in actual possession of any such lands

and having improved the same prior to the 1st day of January, 1890,

under deed, written contract, or license as aforesaid, or his

assignor, has made partial or full payments to said railroad

company prior to said date, on account of the purchase price of

said lands from it, on proof of the amount of such payments he

shall be entitled to have the same, to the extent and amount of

$1.25 per acre, if so much has been paid, and not more, credited to

him on account of and as part of the purchase price herein provided

to be paid the United States for said lands, or such persons may

elect to abandon their purchases and make claim on said lands under

the homestead law and as provided in section 905 of this title:

Provided, That in all cases where parties, persons, or

corporations, with the permission of such State or corporation, or

its assignees, are in the possession of and have made improvements

upon any of the lands resumed and restored, and are not entitled to

enter the same under the provisions of sections 904 to 907 of this

title, such parties, persons, or corporations shall have six months

in which to remove any growing crop, and within which time they

shall also be entitled to remove all buildings and other movable

improvements from said lands: Provided further, That the provisions

of this section shall not apply to any lands situated in the State

of Iowa on which any person in good faith has made or asserted the

right to make a preemption or homestead settlement: And provided

further, That nothing in sections 904 to 907 of this title

contained shall be construed as limiting the rights granted to

purchasers or settlers by sections 894 to 899 of this title, or as

repealing, altering, or amending said sections, nor as in any

manner affecting any cause of action existing in favor of any

purchaser against his grantor for breach of any covenants of title.

Actual residence upon the lands by persons claiming the right to

purchase the same shall not be required where such lands have been

fenced, cultivated, or otherwise improved by such claimants, and

such persons shall be permitted to purchase two or more tracts of

such lands by legal subdivisions, whether contiguous or not, but

not exceeding three hundred and twenty acres in the aggregate.

Nothing herein contained shall be so construed as to interfere

with any adverse claim that may have attached to the lands or any

part thereof.

-SOURCE-

(Sept. 29, 1890, ch. 1040, Sec. 3, 26 Stat. 496; Feb. 18, 1891, ch.

244, 26 Stat. 764; June 25, 1892, ch. 133, 27 Stat. 59; Jan. 31,

1893, ch. 54, 27 Stat. 427; Dec. 12, 1893, ch. 1, 28 Stat. 15; Jan.

23, 1896, ch. 8, 29 Stat. 4; Feb. 18, 1897, ch. 250, 29 Stat. 535.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 904, 905, 907 of this

title.

-End-

-CITE-

43 USC Sec. 907 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 907. Rights of original grantees to forfeited lands

-STATUTE-

No lands declared forfeited to the United States by sections 904

to 907 of this title shall by reason of such forfeiture inure to

the benefit of any State or corporation to which lands may have

been granted by Congress, except as therein otherwise provided; nor

shall said sections be construed to enlarge the area of land

originally covered by any such grant, or to confer any right upon

any State, corporation, or person to lands which were excepted from

such grant. Nor shall the moiety of the lands granted to any

railroad company on account of a main and a branch line

appertaining to uncompleted road, and forfeited by section 904 of

this title, within the conflicting limits of the grants for such

main and branch lines, when but one of such lines has been

completed, inure by virtue of the forfeiture declared to the

benefit of the completed line.

-SOURCE-

(Sept. 29, 1890, ch. 1040, Sec. 6, 26 Stat. 498.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 904, 905, 906 of this

title.

-End-

-CITE-

43 USC Sec. 908 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 908. Deposits by railroad companies for costs of surveying and

conveying unsurveyed lands granted

-STATUTE-

To enable the Secretary of the Interior to complete the

adjustment of land grants made by Congress to aid in the

construction of railroads, and to subject the lands granted to

taxation by States, Territories, and municipal authorities, any

railroad corporation required by law to pay the costs of surveying,

selecting, or conveying any lands granted to such company or

corporation, or for its use and benefit, by any Act of Congress, is

required, within ninety days from demand by the Secretary of the

Interior, to deposit in a proper United States depository to the

credit of the United States a sum sufficient to pay the cost of

surveying, selecting, and conveying any of the unsurveyed lands

granted to such company, or for its use and benefit, under any Act

of Congress: Provided further, That the Secretary of the Interior

shall determine and specify in the notice or demand to such company

the amount of the required deposit, and may, in his discretion,

demand a sum sufficient to cover the cost of the survey, selection,

and conveyance of the entire area granted to any company, or for

its use and benefit, then unsurveyed, or for such townships or

fractional townships as he may prescribe and designate in the

notice or demand to such company, as aforesaid: And provided

further, That the amount deposited shall, subject to the rules and

regulations of the Department of the Interior, under the direction

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

designate, be disbursed for the surveying, including office and

field work, selection, and conveyance of the lands granted and

designated in the notice of the Secretary of the Interior, as

aforesaid: And provided further, That in the event the money

deposited by any railroad corporation under the provisions of

sections 908 to 911 of this title shall exceed the cost of said

surveys, the said excess thereof shall be repaid to the corporation

so depositing the same, or to its assigns.

-SOURCE-

(June 25, 1910, ch. 406, Sec. 1, 36 Stat. 834; 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.

-MISC1-

APPROPRIATIONS

Effective July 1, 1935, the continuing appropriation provided for

in this section was repealed by act June 26, 1934, ch. 756, Sec. 1,

48 Stat. 1225.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 909, 910, 911 of this

title.

-End-

-CITE-

43 USC Sec. 909 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 909. Forfeiture of grant on failure to make deposit

-STATUTE-

If any railroad corporation required by law to pay the costs of

surveying, selecting, or conveying any lands granted to such

corporation, or for its use and benefit, by any Act of Congress,

shall, for ninety days from notice or demand by the Secretary of

the Interior, as provided by section 908 of this title, neglect or

refuse to deposit an amount sufficient to meet the expense of

surveying, selecting, and conveying the unsurveyed lands granted to

such company, or for its use and benefit, by any Act of Congress,

and designated in the notice or demand by the Secretary of the

Interior, as aforesaid, the rights, title, and interests of such

company, and all those claiming by, through, or under it, in and to

the unsurveyed lands designated in the notice of the Secretary, as

aforesaid, shall cease and forfeit to the United States; and the

Secretary of the Interior shall notify the Attorney General, who

shall at once commence proceedings to declare the forfeiture and to

restore the lands forfeited to the public domain.

-SOURCE-

(June 25, 1910, ch. 406, Sec. 2, 36 Stat. 834.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 908, 910, 911 of this

title.

-End-

-CITE-

43 USC Sec. 910 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 910. Right to extend public surveys over lands granted, and

other rights of United States, not affected

-STATUTE-

Sections 908 to 911 of this title shall not affect the right of

the Secretary of the Interior to cause the public surveys to be

extended over any lands granted to any railroad or corporation by

any Act of Congress in the manner on June 25, 1910, otherwise

provided by law, nor shall any claim, right, interest, or demand of

the Government of the United States be waived or annulled by the

provisions thereof: Provided, That all granted lands surveyed under

the provisions of said sections shall be subject to taxation by

States, Territories, and municipal authorities, and the right of

the Government to reimburse itself for the survey, selection, and

conveyance of such lands otherwise provided by law shall remain in

full force and effect.

-SOURCE-

(June 25, 1910, ch. 406, Sec. 3, 36 Stat. 834.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 908, 911 of this title.

-End-

-CITE-

43 USC Sec. 911 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 911. Regulations

-STATUTE-

The Secretary of the Interior shall prescribe such rules and

regulations as will be necessary to the carrying out of the

provisions of sections 908 to 910 of this title.

-SOURCE-

(June 25, 1910, ch. 406, Sec. 4, 36 Stat. 835.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 908, 910 of this title.

-End-

-CITE-

43 USC Sec. 912 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 912. Disposition of abandoned or forfeited railroad grants

-STATUTE-

Whenever public lands of the United States have been or may be

granted to any railroad company for use as a right of way for its

railroad or as sites for railroad structures of any kind, and use

and occupancy of said lands for such purposes has ceased or shall

hereafter cease, whether by forfeiture or by abandonment by said

railroad company declared or decreed by a court of competent

jurisdiction or by Act of Congress, then and thereupon all right,

title, interest, and estate of the United States in said lands

shall, except such part thereof as may be embraced in a public

highway legally established within one year after the date of said

decree or forfeiture or abandonment be transferred to and vested in

any person, firm, or corporation, assigns, or successors in title

and interest to whom or to which title of the United States may

have been or may be granted, conveying or purporting to convey the

whole of the legal subdivision or subdivisions traversed or

occupied by such railroad or railroad structures of any kind as

aforesaid, except lands within a municipality the title to which,

upon forfeiture or abandonment, as herein provided, shall vest in

such municipality, and this by virtue of the patent thereto and

without the necessity of any other or further conveyance or

assurance of any kind or nature whatsoever: Provided, That this

section shall not affect conveyances made by any railroad company

of portions of its right of way if such conveyance be among those

which have been or may after March 8, 1922, and before such

forfeiture or abandonment be validated and confirmed by any Act of

Congress; nor shall this section affect any public highway on said

right of way on March 8, 1922: Provided further, That the transfer

of such lands shall be subject to and contain reservations in favor

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

land so transferred and conveyed, with the right to prospect for,

mine, and remove same.

-SOURCE-

(Mar. 8, 1922, ch. 94, 42 Stat. 414.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1248.

-End-

-CITE-

43 USC Sec. 913 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 913. Conveyance by land grant railroads of portions of rights

of way to State, county, or municipality

-STATUTE-

All railroad companies to which grants for rights of way through

the public lands have been made by Congress, or their successors in

interest or assigns, are authorized to convey to any State, county,

or municipality any portion of such right of way to be used as a

public highway or street: Provided, That no such conveyance shall

have the effect to diminish the right of way of such railroad

company to a less width than 50 feet on each side of the center of

the main track of the railroad as now established and maintained.

-SOURCE-

(May 25, 1920, ch. 197, 41 Stat. 621.)

-End-

-CITE-

43 USC Sec. 914 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-

Sec. 914. Omitted

-COD-

CODIFICATION

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

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

18, 1874, upon certificate of Governor that wagon roads, in aid of

which lands were granted, had been built.

-End-