Legislación
US (United States) Code. Title 43. Chapter 28: Miscellaneous provisions relating to public lands
-CITE-
43 USC CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO
PUBLIC LANDS 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
-HEAD-
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
-MISC1-
SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS
Sec.
1151 to 1156. Repealed.
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS;
INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
1161. "Suspended entries of public lands" and "suspended
preemption land claims".
1162. Adjudications as to suspended entries; approval.
1163. Patents surrendered and new ones issued.
1164. Extent of foregoing provisions.
1165. Suspension of entries for correction of clerical
errors; patents.
1166. Limitations of suits to annul patents.
1167. Entries and final proofs, made out of proper district,
confirmed.
SUBCHAPTER III - SALES OF ISOLATED TRACTS
1171 to 1177. Repealed.
SUBCHAPTER IV - TIMBER CULTURE
1181. Repeal of laws.
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
1181a. Conservation management by Department of the Interior;
permanent forest production; sale of timber;
subdivision.
1181b. Cooperative agreements with other agencies or private
owners for coordinated administration.
1181c. Repealed.
1181d. Leasing of lands for grazing; disposition of moneys;
rules and regulations covering grazing lands.
1181e. Rules and regulations generally; consultation and
agreements with other agencies regarding fire
regulations.
1181f. Oregon and California land-grant fund; annual
distribution of moneys.
1181f-1. Coos Bay Wagon Road grant fund; annual payments;
appraisal and assessment of land and timber;
computation of payments.
1181f-2. Appraisal of land and timber; manner and frequency;
computation of amounts upon basis of last
appraisement; deduction of appraisement expenses.
1181f-3. Additional sum from surplus for meeting payments due
from insufficient annual receipts; maximum aggregate
of decennial payments; covering of excess receipts
into general fund of Treasury.
1181f-4. Amount available for administration of Coos Bay Wagon
Road grant lands under sections 1181a to 1181f of
this title; covering of unused receipts into general
fund of Treasury.
1181g. Unselected and unpatented odd-numbered sections as
revested grant lands; administration as
national-forest lands; revenues; prohibition against
disposition or exchange.
1181h. Exchange of jurisdiction between Secretaries;
conditions; publication in Federal Register.
1181i. Designation of national-forest areas within counties;
disposition of revenues; approval by court.
1181j. Appropriations to carry out sections 1181h and 1181i.
SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS
1185 to 1188. Transferred.
SUBCHAPTER VII - EVIDENCES OF TITLE
1191 to 1193. Repealed.
SUBCHAPTER VIII - INDIAN LANDS
1195. Negotiations for cession of lands.
1196. Classification and appraisement of unallotted and
unreserved lands.
1197. Agreements with Indians not affected.
1198. Condemnation of Sioux lands for dam purposes;
negotiation of contracts.
1199. Provisions to be included in contracts for
condemnation of Sioux lands for dam purposes.
1200. Judicial determination where compensation for
condemnation of Sioux lands for dam purposes
rejected.
1200a. Preparation of appraisal schedule in determining just
compensation for condemnation of Sioux lands for dam
purposes; contents; transmittal to tribal
representatives.
1200b. Inclusion of other provisions in contracts for
condemnation of Sioux lands for dam purposes.
1200c. Submission of contracts and reports covering
disagreements on condemnation of Sioux lands for dam
purposes; ratification; effect.
1200d. Effect of condemnation of Sioux lands for dam purposes
on construction of Fort Randall Dam.
1200e. Authorization of appropriations for relocating certain
Sioux tribe members after condemnation of lands for
dam purposes; conditions; title to lands acquired.
SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS
1201. Power of Secretary or designated officer.
SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS
1211. Elimination of oaths for written statements;
discretion of Secretary of the Interior.
1212. Unsworn written statements subject to penalties of
presenting false claims.
SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES
1221. Issuance of patents; application.
1222. Notice of opening of lands to purchase.
1223. Valid existing rights unaffected.
SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF
LANDS BY SECRETARY OF THE INTERIOR
1231 to 1234. Repealed.
SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
LANDS
1241. Control of noxious plants on Government lands; State
programs; terms of entry.
1242. Reimbursement of States for expenses.
1243. Authorization of appropriations.
-End-
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43 USC SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS 01/06/03
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TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS
-HEAD-
SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS
-End-
-CITE-
43 USC Secs. 1151 to 1156 01/06/03
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TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS
-HEAD-
Secs. 1151 to 1156. Repealed. Pub. L. 94-579, title VII, Sec.
705(a), Oct. 21, 1976, 90 Stat. 2792
-MISC1-
Section 1151, R.S. Sec. 2447; act Mar. 3, 1925, ch. 462, 43 Stat.
1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100, related to issuance of patents for confirmed
claims.
Section 1152, R.S. Sec. 2448, related to effect of patents to
persons dead before issue.
Section 1153, act June 6, 1874, ch. 223, Sec. 1, 18 Stat. 62,
related to confirming titles to lands in Missouri in existence
prior to June 6, 1874.
Section 1154, act June 6, 1874, ch. 223, Sec. 2, 18 Stat. 62,
related to unimpairing, etc., rights in existence prior to June 6,
1874.
Section 1155, act Jan. 28, 1879, ch. 30, Secs. 1-4, 20 Stat. 274,
275; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100, authorized issuance of certificates of
location of private land claims for certain States.
Section 1156, act May 30, 1894, ch. 87, 28 Stat. 84; 1946 Reorg.
Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
1100, authorized issuance of patents for locations under
certificates made prior to Jan. 28, 1879, under former section 1155
of this title.
EFFECTIVE DATE OF REPEAL
Section 705(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
SAVINGS PROVISION
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701
of this title.
-End-
-CITE-
43 USC SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES
AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND
PATENTS THEREFOR 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-HEAD-
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS;
INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-End-
-CITE-
43 USC Sec. 1161 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-HEAD-
Sec. 1161. "Suspended entries of public lands" and "suspended
preemption land claims"
-STATUTE-
The Secretary of the Interior, or such officer as he may
designate, is authorized to decide upon principles of equity and
justice, as recognized in courts of equity, and in accordance with
regulations to be approved by the Secretary of the Interior,
consistently with such principles, all cases of suspended entries
of public lands and of suspended preemption land claims, and to
adjudge in what cases patents shall issue upon the same.
-SOURCE-
(R.S. Sec. 2450; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; Sept.
20, 1922, ch. 350, 42 Stat. 857; 1946 Reorg. Plan No. 3, Sec. 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
-COD-
CODIFICATION
R.S. Sec. 2450 derived from acts Aug. 3, 1846, ch. 78, Sec. 1, 9
Stat. 51; Mar. 3, 1853, ch. 152, Sec. 1, 10 Stat. 258; June 26,
1856, ch. 47, 11 Stat. 22; June 1, 1874, ch. 200, 18 Stat. 50; Feb.
27, 1877, ch. 69, Sec. 1, 19 Stat. 244.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out under section 1451 of this title.
"Secretary of the Interior, or such officer as he may designate,"
substituted for "Commissioner of the General Land Office" on
authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
out under section 1 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1164 of this title.
-End-
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43 USC Sec. 1162 01/06/03
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TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-HEAD-
Sec. 1162. Adjudications as to suspended entries; approval
-STATUTE-
Every such adjudication shall be approved by the Secretary of the
Interior and shall operate only to divest the United States of the
title to the land embraced thereby, without prejudice to the rights
of conflicting claimants.
-SOURCE-
(R.S. Sec. 2451; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; Sept.
20, 1922, ch. 350, 42 Stat. 858.)
-COD-
CODIFICATION
R.S. Sec. 2451 derived from acts Aug. 3, 1846, ch. 78, Sec. 1, 9
Stat. 51; Feb. 27, 1877. ch. 69, Sec. 1, 19 Stat. 244.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1164 of this title.
-End-
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43 USC Sec. 1163 01/06/03
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TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-HEAD-
Sec. 1163. Patents surrendered and new ones issued
-STATUTE-
Where patents have been already issued on entries which are
approved by the Secretary of the Interior, the Secretary of the
Interior, or such officer as he may designate, upon the canceling
of the outstanding patent, is authorized to issue a new patent, on
such approval, to the person who made the entry, his heirs or
assigns.
-SOURCE-
(R.S. Sec. 2456; Sept. 20, 1922, ch. 350, 42 Stat. 858; 1946 Reorg.
Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
1100.)
-COD-
CODIFICATION
R.S. Sec. 2456 derived from act Mar. 3, 1853, ch. 152, Sec. 2, 10
Stat. 258.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out under section 1451 of this title.
"Secretary of the Interior, or such officer as he may designate,"
substituted for "Commissioner of the General Land Office" on
authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
out under section 1 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1164 of this title.
-End-
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43 USC Sec. 1164 01/06/03
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TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-HEAD-
Sec. 1164. Extent of foregoing provisions
-STATUTE-
Sections 1161 to 1163 of this title shall be applicable to all
cases of suspended entries and locations, which have arisen in the
Bureau of Land Management since the 26th day of June 1856 as well
as to all cases of a similar kind which may hereafter occur,
embracing as well locations under bounty-land warrants as ordinary
entries or sales, including homestead entries and preemption
locations or cases; where the law has been substantially complied
with, and the error or informality arose from ignorance, accident,
or mistake which is satisfactorily explained; and where the rights
of no other claimant or preemptor are prejudiced, or where there is
no adverse claim.
-SOURCE-
(R.S. Sec. 2457; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
-COD-
CODIFICATION
R.S. Sec. 2457 derived from act June 26, 1856, ch. 47, 11 Stat.
22.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out under section 1451 of this title.
"Bureau of Land Management" substituted for "General Land Office"
on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
set out under section 1 of this title.
-End-
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43 USC Sec. 1165 01/06/03
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TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-HEAD-
Sec. 1165. Suspension of entries for correction of clerical errors;
patents
-STATUTE-
Whenever it shall appear to the Secretary of the Interior, or
such officer as he may designate, that a clerical error has been
committed in the entry of any of the public lands such entry may be
suspended, upon proper notification to the claimant, through the
local land office, until the error has been corrected; and all
entries made under the preemption, homestead, desert-land, or
timber-culture laws, in which final proof and payment may have been
made and certificates issued, and to which there are no adverse
claims originating prior to final entry and which have been sold or
incumbered prior to the 1st day of March, 1888, and after final
entry, to bona fide purchasers, or incumbrancers, for a valuable
consideration, shall unless upon an investigation by a Government
agent, fraud on the part of the purchaser has been found, be
confirmed and patented upon presentation of satisfactory proof to
the Land Department of such sale or incumbrance: Provided, That
after the lapse of two years from the date of the issuance of the
receipt of such officer as the Secretary of the Interior may
designate upon the final entry of any tract of land under the
homestead, timber-culture, desert-land, or preemption laws, or
under this act, and when there shall be no pending contest or
protest against the validity of such entry, the entryman shall be
entitled to a patent conveying the land by him entered, and the
same shall be issued to him; but this proviso shall not be
construed to require the delay of two years from the date of said
entry before the issuing of a patent therefor.
-SOURCE-
(Mar. 3, 1891, ch. 561, Sec. 7, 26 Stat. 1098; Oct. 28, 1921, ch.
114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100.)
-REFTEXT-
REFERENCES IN TEXT
This act, referred to in text, means act Mar. 3, 1891, ch. 561,
26 Stat. 1095, as amended, which enacted sections 161, 162, 173,
174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6,
718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of
this title, sections 471, 607, 611, 611a, and 613 of Title 16,
Conservation, section 495 of Title 25, Indians, and sections 30,
36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For
complete classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Section was formerly classified to section 165 of this title.
-MISC1-
REPEALS
Repeal of "Act to encourage the growth of timber on the western
prairies" not to affect valid rights accrued or accruing under said
law and claims to be perfected in same manner as if act had not
been repealed, see section 1181 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out under section 1451 of this title.
"Secretary of the Interior, or such officer as he may designate"
and "receipt of such officer as the Secretary of the Interior may
designate" substituted for "Commissioner of the General Land
Office" and "register's receipt", respectively, on authority of
section 403 of Reorg. Plan No. 3 of 1946. See note set out under
section 1 of this title.
Act Mar. 3, 1925, abolished office of surveyor general and
transferred administration of all activities in charge of surveyors
general to Field Surveying Service under jurisdiction of United
States Supervisor of Surveys.
-End-
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43 USC Sec. 1166 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-HEAD-
Sec. 1166. Limitations of suits to annul patents
-STATUTE-
Suits by the United States to vacate and annul any patent shall
only be brought within six years after the date of the issuance of
such patents.
-SOURCE-
(Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, Sec.
8, 26 Stat. 1099.)
-End-
-CITE-
43 USC Sec. 1167 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
-HEAD-
Sec. 1167. Entries and final proofs, made out of proper district,
confirmed
-STATUTE-
Whenever it shall appear to the Secretary of the Interior, or
such officer as he may designate, that an error was made prior to
March 9, 1904, by the officers of any local land office in
receiving any application, declaratory statement, entry, or final
proof under the homestead or other land laws, and that there was no
fraud practiced by the entryman, and that there are no prior
adverse claimants to the land described in the entry, and that no
other reason why the title should not vest in the entryman exists,
except that said application, declaratory statement, entry, or
proof was not made within the land district in which the lands
applied for were situated, as provided by the Act of March 11, 1902
[43 U.S.C. 254], such entry or proof shall be confirmed.
-SOURCE-
(Mar. 9, 1904, ch. 503, Sec. 1, 33 Stat. 64; 1946 Reorg. Plan No.
3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
-REFTEXT-
REFERENCES IN TEXT
Act of March 11, 1902, referred to in text, probably means act
Mar. 11, 1902, ch. 182, 32 Stat. 63, which was classified to
section 254 of this title and was repealed by Pub. L. 94-579, title
VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787. For complete
classification of this Act to the Code, see Tables.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out under section 1451 of this title.
"Secretary of the Interior, or such officer as he may designate,"
substituted for "Commissioner of the General Land Office" on
authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
out under section 1 of this title.
-MISC1-
EFFECTIVE DATE
Section 2 of act Mar. 9, 1904, provided: "That this Act [enacting
this section] shall be in force from and after its passage and
approval."
-End-
-CITE-
43 USC SUBCHAPTER III - SALES OF ISOLATED TRACTS 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER III - SALES OF ISOLATED TRACTS
-HEAD-
SUBCHAPTER III - SALES OF ISOLATED TRACTS
-End-
-CITE-
43 USC Secs. 1171 to 1173 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER III - SALES OF ISOLATED TRACTS
-HEAD-
Secs. 1171 to 1173. Repealed. Pub. L. 94-579, title VII, Sec.
703(a), Oct. 21, 1976, 90 Stat. 2789
-MISC1-
Section 1171, R.S. Sec. 2455; acts Feb. 26, 1895, ch. 133, 28
Stat. 687; June 27, 1906, ch. 3554, 34 Stat. 517; Mar. 28, 1912,
ch. 67, 37 Stat. 77; Mar. 9, 1928, ch. 164, 45 Stat. 253; June 28,
1934, ch. 865, Sec. 14, 48 Stat. 1274; July 30, 1947, ch. 383, 61
Stat. 630, set forth provisions relating to sale of isolated or
disconnected tracts by Secretary of the Interior.
Section 1171a, act Apr. 24, 1928, ch. 428, 45 Stat. 457, provided
for applicability of section 1171 of this title to certain lands in
Oklahoma.
Section 1171b, act May 23, 1930, ch. 313, 46 Stat. 377, provided
for applicability of section 1171 of this title to certain lands in
Alabama.
Section 1172, act Feb. 4, 1919, ch. 13, 40 Stat. 1055, provided
for applicability of section 1171 of this title to ceded Chippewa
Indian lands in Minnesota.
Section 1173, act May 10, 1920, ch. 178, 41 Stat. 595, provided
for applicability of section 1171 of this title to sale of tracts
in Fort Berthold Indian Reservation, North Dakota.
EFFECTIVE DATE OF REPEAL
Section 703(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
SAVINGS PROVISION
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701
of this title.
-End-
-CITE-
43 USC Sec. 1174 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER III - SALES OF ISOLATED TRACTS
-HEAD-
Sec. 1174. Repealed. Aug. 28, 1937, ch. 876, title II, Sec. 201(c),
50 Stat. 876
-MISC1-
Section, act May 25, 1920, ch. 200, 41 Stat. 622, related to sale
of class 3 of revested Oregon and California Railroad grant lands.
See sections 1181a to 1181f of this title and Repeals note set out
under section 1181a of this title.
-End-
-CITE-
43 USC Secs. 1175 to 1177 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER III - SALES OF ISOLATED TRACTS
-HEAD-
Secs. 1175 to 1177. Repealed. Pub. L. 94-579, title VII, Sec.
703(a), Oct. 21, 1976, 90 Stat. 2789
-MISC1-
Section 1175, act Aug. 11, 1921, ch. 62, 42 Stat. 159, provided
for applicability of section 1171 of this title to sale of tracts
in Fort Buford Military Reservation, North Dakota and Montana.
Section 1176, act May 19, 1926, ch. 337, 44 Stat. 566, provided
for applicability of section 1171 of this title to sale of lands in
Fort Hall Indian Reservation.
Section 1177, act Feb. 14, 1931, ch. 170, 46 Stat. 1105, provided
for applicability of section 1171 of this title to sale of certain
lands in Crow Indian Reservation, Montana.
EFFECTIVE DATE OF REPEAL
Section 703(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
SAVINGS PROVISION
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701
of this title.
-End-
-CITE-
43 USC SUBCHAPTER IV - TIMBER CULTURE 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER IV - TIMBER CULTURE
-HEAD-
SUBCHAPTER IV - TIMBER CULTURE
-End-
-CITE-
43 USC Sec. 1181 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER IV - TIMBER CULTURE
-HEAD-
Sec. 1181. Repeal of laws
-STATUTE-
An Act entitled "An Act to amend an Act entitled 'An Act to
encourage the growth of timber on the western prairies,' " approved
June 14, 1878, and all laws supplementary thereto or amendatory
thereof are repealed: Provided, That this repeal shall not affect
any valid rights accrued or accruing under said laws but all bona
fide claims lawfully initiated prior to March 3, 1891, may be
perfected upon due compliance with law, in the same manner, upon
the same terms and conditions, and subject to the same limitations,
forfeitures, and contests as if this section had not been passed:
Provided further, That the following words of the last clause of
section 2 of said Act, namely, "That not less than twenty-seven
hundred trees were planted on each acre," are repealed: Provided
further, That in computing the period of cultivation the time shall
run from the date of the entry, if the necessary acts of
cultivation were performed within the proper time: Provided
further, That the preparation of the land and the planting of trees
shall be construed as acts of cultivation, and the time authorized
to be so employed and actually employed shall be computed as a part
of the eight years of cultivation required by statute: Provided
further, That if trees, seeds, or cuttings were in good faith
planted as provided by law and the same and the land upon which so
planted were thereafter in good faith cultivated as provided by law
for at least eight years by a person qualified to make entry and
who has a subsisting entry under the timber-culture laws, final
proof may be made without regard to the number of trees that may
have been then growing on the land: And provided, That any person
who has made entry of any public lands of the United States under
the timber-culture laws, and who has for a period of four years in
good faith complied with the provisions of said laws and who is an
actual bona fide resident of the State or Territory in which said
land is located shall be entitled to make final proof thereto, and
acquire title to the same, by the payment of $1.25 per acre for
such tract, under such rules and regulations as shall be prescribed
by the Secretary of the Interior, and such officers as the
Secretary may designate shall be allowed the same fees and
compensation for final proofs in timber-culture entries as is now
allowed by law in homestead entries: And provided further, That no
land acquired under the provisions of this section shall in any
event become liable to the satisfaction of any debt or debts
contracted prior to the issuing of the final certificate therefor.
-SOURCE-
(Mar. 3, 1891, ch. 561, Sec. 1, 26 Stat. 1095; Mar. 3, 1893, ch.
208, 27 Stat. 593; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
-REFTEXT-
REFERENCES IN TEXT
An Act entitled "An Act to amend an Act entitled 'An Act to
encourage the growth of timber on the western prairies,' " approved
June 14, 1878, referred to in text, is act June 14, 1878, ch. 190,
20 Stat. 113, which is not classified to the Code.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out under section 1451 of this title.
"Such officers as the Secretary may designate" substituted for
"registers" on authority of section 403 of Reorg. Plan No. 3 of
1946. See note set out under section 1 of this title.
-End-
-CITE-
43 USC SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND
COOS BAY WAGON ROAD GRANT LANDS 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1735, 1752 of this
title; title 25 section 715c; title 30 sections 601, 603.
-End-
-CITE-
43 USC Sec. 1181a 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181a. Conservation management by Department of the Interior;
permanent forest production; sale of timber; subdivision
-STATUTE-
Notwithstanding any provisions in the Acts of June 9, 1916 (39
Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, such
portions of the revested Oregon and California Railroad and
reconveyed Coos Bay Wagon Road grant lands as are or may hereafter
come under the jurisdiction of the Department of the Interior,
which have heretofore or may hereafter be classified as
timberlands, and power-site lands valuable for timber, shall be
managed, except as provided in section 1181c (!1) of this title,
for permanent forest production, and the timber thereon shall be
sold, cut, and removed in conformity with the principal (!2) of
sustained yield for the purpose of providing a permanent source of
timber supply, protecting watersheds, regulating stream flow, and
contributing to the economic stability of local communities and
industries, and providing recreational facilties: (!3) Provided,
That nothing in this section shall be construed to interfere with
the use and development of power sites as may be authorized by law.
The annual productive capacity for such lands shall be determined
and declared as promptly as possible after August 28, 1937, but
until such determination and declaration are made the average
annual cut therefrom shall not exceed one-half billion feet board
measure: Provided, That timber from said lands in an amount not
less than one-half billion feet board measure, or not less than the
annual sustained yield capacity when the same has been determined
and declared, shall be sold annually, or so much thereof as can be
sold at reasonable prices on a normal market.
If the Secretary of the Interior determines that such action will
facilitate sustained-yield management, he may subdivide such
revested lands into sustained-yield forest units, the boundary
lines of which shall be so established that a forest unit will
provide, insofar as practicable, a permanent source of raw
materials for the support of dependent communities and local
industries of the region; but until such subdivision is made the
land shall be treated as a single unit in applying the principle of
sustained yield: Provided, That before the boundary lines of such
forest units are established, the Department, after published
notice thereof, shall hold a hearing thereon in the vicinity of
such lands open to the attendance of State and local officers,
representatives of dependent industries, residents, and other
persons interested in the use of such lands. Due consideration
shall be given to established lumbering operations in subdividing
such lands when necessary to protect the economic stability of
dependent communities. Timber sales from a forest unit shall be
limited to the productive capacity of such unit and the Secretary
is authorized, in his discretion, to reject any bids which may
interfere with the sustained-yield management plan of any unit.
-SOURCE-
(Aug. 28, 1937, ch. 876, title I, Sec. 1, 50 Stat. 874.)
-REFTEXT-
REFERENCES IN TEXT
Section 1181c of this title, referred to in first par., was
repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90
Stat. 2787.
Acts of June 9, 1916, and February 26, 1919, referred to in text,
are acts June 9, 1916, ch. 137, 39 Stat. 218 and Feb. 26, 1919, ch.
47, 40 Stat. 1179, respectively, which are not classified to the
Code.
-MISC1-
REPEALS
Act Aug. 28, 1937, title II, Sec. 201(c), second par., provided:
"All Acts or parts of Act in conflict with this Act [sections 1181a
to 1181f of this title] are hereby repealed to the extent necessary
to give full force and effect to this Act."
SAVINGS PROVISION
Provisions of Federal Land Policy and Management Act of 1976,
Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, in the event of
conflict or inconsistency with the act of August 28, 1937, sections
1181a to 1181j of this title, insofar as relating to management of
timber resources, etc., not to supersede, see section 701 of Pub.
L. 94-579, set out as a note under section 1701 of this title.
LEASE OF SMALL TRACTS FOR RESIDENTIAL, RECREATIONAL, OR COMMUNITY
SITE PURPOSES
Lease of small tracts of the lands described in this section for
residential, recreational, or community site purposes, and
conditions with respect thereto, see section 682e of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1181b, 1181d, 1181e,
1181f, 1181f-4, 1181i, 1735, 1752 of this title; title 30 sections
601, 603.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. Probably should be "principle".
(!3) So in original. Probably should be "facilities:".
-End-
-CITE-
43 USC Sec. 1181b 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181b. Cooperative agreements with other agencies or private
owners for coordinated administration
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to make cooperative agreements with other Federal or State forest
administrative agencies or with private forest owners or operators
for the coordinated administration, with respect to time, rate,
method of cutting, and sustained yield, of forest units comprising
parts of revested or reconveyed lands, together with lands in
private ownership or under the administration of other public
agencies, when by such agreements he may be aided in accomplishing
the purposes mentioned in sections 1181a and 1181b of this title.
-SOURCE-
(Aug. 28, 1937, ch. 876, title I, Sec. 2, 50 Stat. 874.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1181d, 1181e, 1181f,
1181f-4, 1181i, 1735, 1752 of this title; title 30 sections 601,
603.
-End-
-CITE-
43 USC Sec. 1181c 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181c. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
1976, 90 Stat. 2787
-MISC1-
Section, act Aug. 28, 1937, ch. 876, title I, Sec. 3, 50 Stat.
875, related to classification and reclassification of lands as
more suitable for agricultural use.
EFFECTIVE DATE OF REPEAL
Section 702 of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976, except such
effective date to be on and after tenth anniversary of date of
approval of this Act, Oct. 21, 1976, insofar as homestead laws
apply to public lands in Alaska.
SAVINGS PROVISION
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701
of this title.
-End-
-CITE-
43 USC Sec. 1181d 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181d. Leasing of lands for grazing; disposition of moneys;
rules and regulations covering grazing lands
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to lease for grazing any of said revested or reconveyed lands which
may be so used without interfering with the production of timber or
other purposes of sections 1181a to 1181f of this title as stated
in section 1181a of this title: Provided, That all the moneys
received on account of grazing leases shall be covered either into
the "Oregon and California land-grant fund" or the "Coos Bay Wagon
Road grant fund" in the Treasury as the location of the leased
lands shall determine, and be subject to distribution as other
moneys in such funds: Provided further, That the Secretary is also
authorized to formulate rules and regulations for the use,
protection, improvement, and rehabilitation of such grazing lands.
-SOURCE-
(Aug. 28, 1937, ch. 876, title I, Sec. 4, 50 Stat. 875.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1181e, 1181f, 1181f-4,
1181i, 1735, 1751, 1752 of this title; title 30 sections 601, 603.
-End-
-CITE-
43 USC Sec. 1181e 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181e. Rules and regulations generally; consultation and
agreements with other agencies regarding fire regulations
-STATUTE-
The Secretary of the Interior is authorized to perform any and
all acts and to make such rules and regulations as may be necessary
and proper for the purpose of carrying the provisions of sections
1181a to 1181f of this title into full force and effect. The
Secretary of the Interior is further authorized, in formulating
forest-practice rules and regulations, to consult with the Oregon
State Board of Forestry, representatives of timber owners and
operators on or contiguous to said revested and reconveyed lands,
and other persons or agencies interested in the use of such lands.
In formulating regulations for the protection of such timberlands
against fire, the Secretary is authorized, in his discretion, to
consult and advise with Federal, State, and county agencies engaged
in forest-fire-protection work, and to make agreements with such
agencies for the cooperative administration of fire regulations
therein: Provided, That rules and regulations for the protection of
the revested lands from fire shall conform with the requirements
and practices of the State of Oregon insofar as the same are
consistent with the interests of the United States.
-SOURCE-
(Aug. 28, 1937, ch. 876, title I, Sec. 5, 50 Stat. 875.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1181d, 1181f, 1181f-4,
1181i, 1735, 1752 of this title; title 30 sections 601, 603.
-End-
-CITE-
43 USC Sec. 1181f 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181f. Oregon and California land-grant fund; annual
distribution of moneys
-STATUTE-
On and after March 1, 1938, all moneys deposited in the Treasury
of the United States in the special fund designated the "Oregon and
California land-grant fund" shall be distributed annually as
follows:
(a) Fifty per centum to the counties in which the lands revested
under the Act of June 9, 1916 (39 Stat. 218), are situated, to be
payable on or after June 30, 1938, and each year thereafter to each
of said counties in the proportion that the total assessed value of
the Oregon and California grant lands in each of said counties for
the year 1915 bears to the total assessed value of all of said
lands in the State of Oregon for said year, such moneys to be used
as other county funds: Provided, however, That for the purposes of
this subsection the portion of the said revested Oregon and
California railroad grant lands in each of said counties which was
not assessed for the year 1915 shall be deemed to have been
assessed at the average assessed value of the grant lands in said
county.
(b) Twenty-five per centum to said counties as money in lieu of
taxes accrued or which shall accrue to them prior to March 1, 1938,
under the provisions of the Act of July 13, 1926 (44 Stat. 915),
and which taxes are unpaid on said date, such moneys to be paid to
said counties severally by the Secretary of the Treasury of the
United States, upon certification by the Secretary of the Interior,
until such tax indebtedness as shall have accrued prior to March 1,
1938, is extinguished.
From and after payment of the above accrued taxes said 25 per
centum shall be accredited annually to the general fund in the
Treasury of the United States until all reimbursable charges
against the Oregon and California land-grant fund owing to the
general fund in the Treasury have been paid: Provided, That if for
any year after the extinguishment of the tax indebtedness accruing
to the counties prior to March 1, 1938, under the provisions of
Forty-fourth Statutes, page 915, the total amount payable under
subsection (a) of this section is less than 78 per centum of the
aggregate amount of tax claims which accrued to said counties under
said Act for the year 1934, there shall be additionally payable for
such year such portion of said 25 per centum (but not in excess of
three-fifths of said 25 per centum), as may be necessary to make up
the deficiency. When the general fund in the Treasury has been
fully reimbursed for the expenditures which were made charges
against the Oregon and California land-grant fund said 25 per
centum shall be paid annually, on or after September 30, to the
several counties in the manner provided in subsection (a) of this
section.
(c) Twenty-five per centum to be available for the administration
of sections 1181a to 1181f of this title, in such annual amounts as
the Congress shall from time to time determine. Any part of such
per centum not used for administrative purposes shall be covered
into the general fund of the Treasury of the United States:
Provided, That moneys covered into the Treasury in such manner
shall be used to satisfy the reimbursable charges against the
Oregon and California land-grant fund mentioned in subsection (b)
of this section so long as any such charges shall exist.
-SOURCE-
(Aug. 28, 1937, ch. 876, title II, Sec. 201, 50 Stat. 875; June 24,
1954, ch. 357, Sec. 1(b), 68 Stat. 271; Pub. L. 94-273, Sec. 2(28),
Apr. 21, 1976, 90 Stat. 376.)
-REFTEXT-
REFERENCES IN TEXT
Act of June 9, 1916, referred to in subsec. (a), is act June 9,
1916, ch. 137, 39 Stat. 218, which is not classified to the Code.
Act of July 13, 1926 (44 Stat. 915), Forty-fourth Statutes, page
915, and said Act, referred to in subsec. (b), mean act July 13,
1926, ch. 897, 44 Stat. 915, which is not classified to the Code.
-COD-
CODIFICATION
Section comprises all of section 201 of act Aug. 28, 1937, title
II, except a second paragraph of subsec. (c) of that section which
is set out as a Repeals note under section 1181a of this title.
-MISC1-
AMENDMENTS
1976 - Subsec. (b). Pub. L. 94-273 substituted "September" for
"June".
1954 - Subsec. (a). Act June 24, 1954, inserted proviso relating
to determination of assessment.
SHARING OF BUREAU OF LAND MANAGEMENT TIMBER SALE RECEIPTS
Pub. L. 103-66, title XIII, Sec. 13983, Aug. 10, 1993, 107 Stat.
682, as amended by Pub. L. 103-443, Sec. 1(b), Nov. 2, 1994, 108
Stat. 4631, authorized the Secretary of the Treasury to make
defined special payments in certain fiscal years to counties in
Oregon and California in lieu of certain other payments under this
section and section 1181f-1 et seq. of this title, prior to repeal
by Pub. L. 106-393, title IV, Sec. 404, Oct. 30, 2000, 114 Stat.
1623.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 869-4, 1181d, 1181e,
1181f-4, 1181g, 1181i, 1735, 1752 of this title; title 16 section
521a; title 30 sections 601, 603.
-End-
-CITE-
43 USC Sec. 1181f-1 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181f-1. Coos Bay Wagon Road grant fund; annual payments;
appraisal and assessment of land and timber; computation of
payments
-STATUTE-
Beginning with the fiscal year next following May 24, 1939, not
to exceed 75 per centum of the receipts derived in any one year
from the Coos Bay Wagon Road grant lands in Oregon and deposited in
the special fund in the Treasury created by the Act of February 26,
1919 (40 Stat. 1179), and designated "The Coos Bay Wagon Road grant
fund" shall be paid annually, in lieu of taxes, by the Secretary of
the Treasury, upon certification by the Secretary of the Interior,
to the treasurers of Coos and Douglas Counties according to the
ratio that the total assessed valuation of the reconveyed Coos Bay
Wagon Road grant lands, belonging to the United States, in each of
said counties bears to the total assessed valuation of all said
lands in those counties, to be used for the purposes mentioned in
said Act: Provided, That until such time as the general fund of the
Treasury of the United States shall have been fully reimbursed by
Douglas County for expenditures which were made charges against the
Coos Bay Wagon Road grant fund by section 5 of the Act of February
26, 1919, said Douglas County shall be entitled to receive only 50
per centum of the amount to which it would otherwise be entitled
under sections 1181f-1 to 1181f-4 of this title: Provided further,
That prior to making any payment under this authorization an
appraisal of the land and timber thereon shall be made, within six
months after May 24, 1939, by a committee to consist of a
representative of the Secretary of the Interior, one representative
for the two counties interested, and a third person satisfactory to
the Secretary of the Interior and the county officials, but who
shall not be an employee of the United States nor a resident of,
nor a property owner in, either Coos or Douglas County. Upon
appraisal thereof, the land and timber thereon shall be assessed as
are other similar properties within the respective counties, and
payments hereunder in lieu of taxes shall be computed by applying
the same rates of taxation as are applied to privately owned
property of similar character in such counties.
-SOURCE-
(May 24, 1939, ch. 144, Sec. 1, 53 Stat. 753.)
-REFTEXT-
REFERENCES IN TEXT
Act of February 26, 1919, referred to in text, is act Feb. 26,
1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.
-MISC1-
REPEALS
Section 5 of act May 24, 1939, provided that: "All Acts or parts
of Acts inconsistent with this Act [sections 1181f-1 to 1181f-4 of
this title] are hereby repealed."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 869-4, 1181f-2 of this
title.
-End-
-CITE-
43 USC Sec. 1181f-2 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181f-2. Appraisal of land and timber; manner and frequency;
computation of amounts upon basis of last appraisement; deduction
of appraisement expenses
-STATUTE-
Appraisals of the land and timber thereon shall be made, in the
manner prescribed in section 1181f-1 of this title, not less
frequently than once in each ten-year period, and the amounts due
hereunder in any year shall be computed as specified in section
1181f-1 of this title upon the basis of the last appraisement. The
expenses of making the appraisements provided for in sections
1181f-1 to 1181f-4 of this title shall be paid by the Secretary of
the Treasury upon certification by the Secretary of the Interior,
from that portion of the receipts derived from such lands and
timber payable to the counties and shall be deducted from any
amount due said counties.
-SOURCE-
(May 24, 1939, ch. 144, Sec. 2, 53 Stat. 754.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 869-4, 1181f-1 of this
title.
-End-
-CITE-
43 USC Sec. 1181f-3 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181f-3. Additional sum from surplus for meeting payments due
from insufficient annual receipts; maximum aggregate of decennial
payments; covering of excess receipts into general fund of
Treasury
-STATUTE-
If, during any one year, 75 per centum of the receipts are
insufficient fully to meet the payments due the counties hereunder,
the Secretary of the Treasury, upon certification by the Secretary
of the Interior, may pay an additional sum from any surplus of 75
per centum of prior year receipts: Provided, however, That in no
event shall the aggregate of payments during any ten-year period
commencing with the period beginning July 1, 1940, exceed 75 per
centum of the receipts deposited in the Treasury to the credit of
the Coos Bay Wagon Road grant fund for such period: Provided
further, That at the end of each ten-year period, any balance of
the 75 per centum not required for payments to the counties shall
be covered into the general fund of the Treasury of the United
States.
-SOURCE-
(May 24, 1939, ch. 144, Sec. 3, 53 Stat. 754.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 869-4, 1181f-1, 1181f-2
of this title.
-End-
-CITE-
43 USC Sec. 1181f-4 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181f-4. Amount available for administration of Coos Bay Wagon
Road grant lands under sections 1181a to 1181f of this title;
covering of unused receipts into general fund of Treasury
-STATUTE-
Not to exceed 25 per centum of the annual receipts shall be
available, in such amounts as the Congress shall from time to time
appropriate for the administration of sections 1181a to 1181f of
this title, insofar as such sections apply to the Coos Bay Wagon
Road grant lands. Any balance not used for administrative purposes
shall be covered into the general fund of the Treasury of the
United States.
-SOURCE-
(May 24, 1939, ch. 144, Sec. 4, 53 Stat. 754.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 869-4, 1181f-1, 1181f-2
of this title.
-End-
-CITE-
43 USC Sec. 1181g 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181g. Unselected and unpatented odd-numbered sections as
revested grant lands; administration as national-forest lands;
revenues; prohibition against disposition or exchange
-STATUTE-
Those unselected and unpatented odd-numbered sections within the
indemnity limits of the Oregon and California Railroad land grant
authorized by the Act of July 25, 1866 (14 Stat. 239), as amended
by the Act of April 10, 1869 (16 Stat. 47), and for which payment
was made by the United States to such railroad or its successors in
interest under the Act of June 9, 1916 (39 Stat. 218), pursuant to
the decree in the case of United States against Oregon and
California R. R. Co. (8 F. (2d) 645), which were included within
the boundaries of national forests by proclamations of the
President of the United States issued under the dates of June 17,
1892, September 28, 1893, October 5, 1906, January 25, 1907, March
1, 1907, and March 2, 1907, are declared to be revested Oregon and
California Railroad grant lands; and said lands shall continue to
be administered as national-forest lands by the Secretary of
Agriculture subject to all laws, rules, and regulations applicable
to the national forests: Provided, That all revenues hereafter
derived from said lands and those revenues heretofore derived from
such lands and placed in special deposit by agreement between the
Secretary of Agriculture and the Secretary of the Interior shall be
disposed of in accordance with the provisions of section 1181f of
this title and said lands shall not hereafter be subject to the
provisions of any other laws or parts of laws which otherwise
prescribe the disposal or distribution of receipts from lands of
the United States, except that none of the provisions of this Act
shall affect revenues distributed prior to June 24, 1954. No part
of said lands or the resources thereof shall be subject to exchange
under the provisions of this or any other law applicable to
national-forest lands or otherwise.
-SOURCE-
(June 24, 1954, ch. 357, Sec. 1(a), 68 Stat. 270.)
-REFTEXT-
REFERENCES IN TEXT
Acts July 25, 1866, April 10, 1869, and June 9, 1916, referred to
in text, are acts July 25, 1866, ch. 242, 14 Stat. 239, Apr. 10,
1869, ch. 27, 16 Stat. 47, and June 9, 1916, ch. 137, 39 Stat. 218,
respectively, which are not classified to the Code.
This Act, referred to in text, is act June 24, 1954, ch. 357, 68
Stat. 270, which enacted sections 1181g to 1181j of this title and
amended section 1181f of this title. For complete classification of
this Act to the Code, see Tables.
-COD-
CODIFICATION
Section constitutes subsec. (a) of section 1 of act June 24,
1954. Subsec. (b) of section 1 amended section 1181f(a) of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1181i, 1735, 1752 of this
title; title 16 section 521a; title 30 sections 601, 603.
-End-
-CITE-
43 USC Sec. 1181h 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181h. Exchange of jurisdiction between Secretaries;
conditions; publication in Federal Register
-STATUTE-
The Secretary of the Interior and the Secretary of Agriculture
are authorized and directed, within two years after June 24, 1954,
to exchange administrative jurisdiction of revested Oregon and
California Railroad grant lands lying within the boundaries of any
national forest or within two miles of such boundaries, and
national-forest lands of approximately equal aggregate value, when
by such exchange the administration of the lands will be
facilitated. Such exchanges shall be made subject to outstanding
contracts, permits or other existing rights: Provided, That the
said national-forest lands, administrative jurisdiction of which is
transferred to the Secretary of the Interior, shall be excluded
from the national forest and shall become subject to administration
under the same provisions of law as the revested lands in exchange
for which they were transferred, and the revested lands,
administrative jurisdiction of which is transferred to the
Secretary of Agriculture, shall become a part of the national
forests subject to administration under the laws applicable to
national forests: Provided further, That subject to the requirement
of approximate equal aggregate value for the overall exchange, the
revested lands and the national-forest lands, administrative
jurisdiction of which is exchanged in any county, shall be
approximately equal in area unless otherwise agreed to by the
counties concerned. The exchanges provided for in this section
shall in each case be evidenced by an order signed by the Secretary
of the Interior and the Secretary of Agriculture and such orders
shall be transmitted to the Division of the Federal Register for
filing and publication.
-SOURCE-
(June 24, 1954, ch. 357, Sec. 2, 68 Stat. 271.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1181g, 1181j, 1735, 1752
of this title; title 16 section 521a; title 30 sections 601, 603.
-End-
-CITE-
43 USC Sec. 1181i 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181i. Designation of national-forest areas within counties;
disposition of revenues; approval by court
-STATUTE-
For the purpose of consolidating and thereby facilitating
administration and accounting the Secretary of Agriculture is
authorized to designate in the several counties in which the lands
described in section 1181g of this title are situated (such
designation to be published in the Federal Register), an area of
national-forest land of a value substantially equal to the value of
the lands in such county from which all revenues shall be disposed
of in accordance with the provisions of section 1181f of this
title, and upon such designation the provisions of sections 1181a
to 1181f of this title shall be applicable to the lands so
designated in lieu of the lands described in section 1181g of this
title: Provided, however, That such designation shall not become
effective until approved by the county court of the county in which
the lands are located.
-SOURCE-
(June 24, 1954, ch. 357, Sec. 3, 68 Stat. 271.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1181g, 1181j of this
title; title 16 section 521a; title 30 sections 601, 603.
-End-
-CITE-
43 USC Sec. 1181j 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
ROAD GRANT LANDS
-HEAD-
Sec. 1181j. Appropriations to carry out sections 1181h and 1181i
-STATUTE-
For the purpose of carrying out the provisions of sections 1181h
and 1181i of this title there are authorized to be appropriated
such sums as the Congress may from time to time determine to be
necessary.
-SOURCE-
(June 24, 1954, ch. 357, Sec. 4, 68 Stat. 272.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1181g, 1735, 1752 of this
title; title 16 section 521a; title 30 sections 601, 603.
-End-
-CITE-
43 USC SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC
LANDS 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS
-HEAD-
SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS
-End-
-CITE-
43 USC Secs. 1185 to 1188 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS
-HEAD-
Secs. 1185 to 1188. Transferred
-COD-
CODIFICATION
Section 1185, acts July 31, 1947, ch. 406, Sec. 1, 61 Stat. 681;
July 23, 1955, ch. 375, Sec. 1, 69 Stat. 367, which related to
rules and regulations governing disposal of materials on public
lands, was transferred to section 601 of Title 30, Mineral Lands
and Mining.
Section 1186, act July 31, 1947, ch. 406, Sec. 2, 61 Stat. 681,
which related to bidding, advertisement, conditions for negotiation
of contracts and reports to Congress, was transferred to section
602 of Title 30.
Section 1187, acts July 31, 1947, ch. 406, Sec. 3, 61 Stat. 681;
Aug. 31, 1950, ch. 830, 64 Stat. 571; July 23, 1955, ch. 375, Sec.
2, 69 Stat. 368, which related to disposition on moneys from
disposal of materials, was transferred to section 603 of Title 30.
Section 1188, act July 31, 1947, ch. 406, Sec. 4, as added Aug.
31, 1950, ch. 830, 64 Stat. 572, which related to disposal of sand,
gravel, etc., in Alaska and to contracts upon the entry of Alaska
into the Union, was transferred to section 604 of Title 30.
-End-
-CITE-
43 USC SUBCHAPTER VII - EVIDENCES OF TITLE 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VII - EVIDENCES OF TITLE
-HEAD-
SUBCHAPTER VII - EVIDENCES OF TITLE
-End-
-CITE-
43 USC Secs. 1191 to 1193 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VII - EVIDENCES OF TITLE
-HEAD-
Secs. 1191 to 1193. Repealed. Pub. L. 94-579, title VII, Sec.
705(a), Oct. 21, 1976, 90 Stat. 2792
-MISC1-
Section 1191, R.S. Sec. 2471, related to falsely making or
altering instruments concerning lands, mines, or minerals in
California.
Section 1192, R.S. Sec. 2472, related to falsely dating evidence
of title under Mexican authority to lands in California.
Section 1193, R.S. Sec. 2473, related to presenting false or
counterfeited evidences of title to lands in California.
EFFECTIVE DATE OF REPEAL
Section 705(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
SAVINGS PROVISION
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701
of this title.
-End-
-CITE-
43 USC SUBCHAPTER VIII - INDIAN LANDS 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
SUBCHAPTER VIII - INDIAN LANDS
-End-
-CITE-
43 USC Sec. 1195 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1195. Negotiations for cession of lands
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to negotiate, through any United States Indian inspector,
agreements with any Indians for the cession to the United States of
portions of their respective reservations or surplus unallotted
lands, any agreements thus negotiated to be subject to subsequent
ratification by Congress.
-SOURCE-
(Mar. 3, 1901, ch. 832, Sec. 1, 31 Stat. 1077.)
-COD-
CODIFICATION
Section was not enacted as part of act July 6, 1954, ch. 463, 68
Stat. 452, which comprises this subchapter.
-End-
-CITE-
43 USC Sec. 1196 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1196. Classification and appraisement of unallotted and
unreserved lands
-STATUTE-
The Secretary of the Interior is authorized to cause to be
classified or reclassified and appraised or reappraised, in such
manner as he may deem advisable, the unallotted or otherwise
unreserved lands within any Indian reservation opened to settlement
and entry but not classified and appraised in the manner provided
for in the Act or Acts opening such reservations to settlement and
entry, or where the existing classification or appraisement is, in
the opinion of the Secretary of the Interior, erroneous.
-SOURCE-
(June 6, 1912, ch. 155, 37 Stat. 125.)
-COD-
CODIFICATION
Section was not enacted as part of act July 6, 1954, ch. 463, 68
Stat. 452, which comprises this subchapter.
-End-
-CITE-
43 USC Sec. 1197 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1197. Agreements with Indians not affected
-STATUTE-
Nothing in this act shall change, repeal, or modify any
agreements or treaties made with any Indian tribes for the disposal
of their lands, or of land ceded to the United States to be
disposed of for the benefit of such tribes, and the proceeds
thereof to be placed in the Treasury of the United States; and the
disposition of such lands shall continue in accordance with the
provisions of such treaties or agreements; except as provided in
sections 161 and 162 (!1) of this title.
-SOURCE-
(Mar. 3, 1891, ch. 561, Sec. 10, 26 Stat. 1099.)
-REFTEXT-
REFERENCES IN TEXT
This act, referred to in text, means act Mar. 3, 1891, ch. 561,
26 Stat. 1095, as amended, which enacted sections 161, 162, 173,
174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6,
718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of
this title, sections 471, 607, 611, 611a, and 613 of Title 16,
Conservation, section 495 of Title 25, Indians, and sections 30,
36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For
complete classification of this Act to the Code, see Tables.
Sections 161 and 162 of this title, referred to in text, were
repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90
Stat. 2787.
-COD-
CODIFICATION
Section was not enacted as part of act July 6, 1954, ch. 463, 68
Stat. 452, which comprises this subchapter.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
43 USC Sec. 1198 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1198. Condemnation of Sioux lands for dam purposes;
negotiation of contracts
-STATUTE-
The Chief of Engineers, Department of the Army, and the Secretary
of the Interior, jointly representing the United States of America
are authorized and directed to negotiate separate contracts
containing the provisions outlined in this subchapter with the
Sioux Indians of the Lower Brule Reservation, South Dakota, and
with the Sioux Indians of the Crow Creek Reservation, South Dakota,
acting through representatives of each tribe appointed for such
purpose by its tribal council.
-SOURCE-
(July 6, 1954, ch. 463, Sec. 1, 68 Stat. 452.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1199 of this title.
-End-
-CITE-
43 USC Sec. 1199 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1199. Provisions to be included in contracts for condemnation
of Sioux lands for dam purposes
-STATUTE-
The contract with each tribe negotiated pursuant to section 1198
of this title shall -
(a) convey to the United States title to all tribal, allotted,
assigned, and inherited lands or interests therein belonging to the
Indians of the tribe, and title to all undivided interests in such
allotted or inherited lands owned by non-Indians or by Indian
nonmembers of the tribe, required by the United States for the
reservoir to be created by the construction of the dams across the
Missouri River in South Dakota, to be known as Fort Randall Dam,
including such lands along the margins as may be required by the
Chief of Engineers, Department of the Army, for the protection,
development, and use of said reservoir: Provided, That the contract
may provide for retention by the owners of any oil and gas rights
in such lands that are not needed by the United States for the
protection of such dam and reservoir;
(b) provide for the payment of -
(1) just compensation for the lands and improvements and
interests therein conveyed by the contract;
(2) costs of relocating the tribe and its members who reside
upon the lands conveyed by the contract in a manner that will
reestablish and protect their economic, social, religious, and
community life;
(3) costs of relocating Indian cemeteries, tribal monuments,
and shrines located upon the lands conveyed by the contract.
(c) Provide a schedule of dates for the orderly removal of the
Indians and their personal property from the taking area of the
Fort Randall Reservoir within the reservation; and
(d) State that the payments authorized to be made shall be in
full and complete settlement of all claims by the tribe and its
members against the United States arising because of the
construction of the Fort Randall project.
-SOURCE-
(July 6, 1954, ch. 463, Sec. 2, 68 Stat. 452.)
-CHANGE-
CHANGE OF NAME
Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.
88-97, Aug. 15, 1963, 77 Stat. 124.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1200, 1200a, 1200b of
this title.
-End-
-CITE-
43 USC Sec. 1200 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1200. Judicial determination where compensation for
condemnation of Sioux lands for dam purposes rejected
-STATUTE-
The just compensation payable for the individual property of any
person conveyed pursuant to subsection (a) of section 1199 of this
title shall be judicially determined, if such person rejects the
compensation specified in the contract with the tribe, in
proceedings instituted for such purpose by the Department of the
Army in the United States district court for the district in which
the lands are situated.
-SOURCE-
(July 6, 1954, ch. 463, Sec. 3, 68 Stat. 453.)
-End-
-CITE-
43 USC Sec. 1200a 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1200a. Preparation of appraisal schedule in determining just
compensation for condemnation of Sioux lands for dam purposes;
contents; transmittal to tribal representatives
-STATUTE-
To assist the negotiators in arriving at the amount of just
compensation payable for the property conveyed pursuant to
subsection (a) of section 1199 of this title, the Secretary of the
Interior and the Chief of Engineers, Department of the Army, shall
cause to be prepared an appraisal schedule on an individual tract
basis of the tribal, allotted, and assigned lands, including
heirship interests therein, located within the taking area in each
reservation. The appraisal schedule shall show the fair market
value of the lands, giving full and proper weight to the following
elements of appraisal, among others: Improvements, severance
damage, standing timber, mineral rights, and the uses to which the
lands are reasonably adapted. The appraisal schedule shall be
transmitted to the representatives of the tribe appointed to
negotiate a contract, and shall be used, together with any other
appraisals which may be available, as a basis for determining the
amount of just compensation to be included in the contract.
-SOURCE-
(July 6, 1954, ch. 463, Sec. 4, 68 Stat. 453.)
-End-
-CITE-
43 USC Sec. 1200b 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1200b. Inclusion of other provisions in contracts for
condemnation of Sioux lands for dam purposes
-STATUTE-
The specification in section 1199 of this title of certain
provisions to be included in each contract shall not preclude the
inclusion of other provisions beneficial to the Indians who are
parties of such contracts.
-SOURCE-
(July 6, 1954, ch. 463, Sec. 5, 68 Stat. 453.)
-End-
-CITE-
43 USC Sec. 1200c 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1200c. Submission of contracts and reports covering
disagreements on condemnation of Sioux lands for dam purposes;
ratification; effect
-STATUTE-
Each contract negotiated pursuant to this subchapter shall be
submitted to the Congress for approval. The Chief of Engineers,
Department of the Army, and the Secretary of the Interior are
requested to submit such contract within one year from July 6,
1954. If the negotiating parties are unable to agree on a proposed
contract each party shall submit to the Congress separate detailed
reports of the negotiations, together with their recommendations.
In the event the negotiating parties are unable to agree on any
provision in the proposed contracts such provision shall be
included in an appendix to the contract, together with the views of
each party, for consideration and determination by Congress. The
contract shall not take effect unless, after determination of any
disputed provision, it is ratified by Act of Congress and is
ratified within six months after such action by the Congress by a
majority of the adult members of the tribe: Provided, That when so
ratified the contract shall constitute a taking by the United
States as of the date the contract was signed by the Chief of
Engineers, Department of the Army, and the Secretary of the
Interior, for purposes of determining the ownership of the Indian
tribal, allotted, and assigned lands and interests therein.
-SOURCE-
(July 6, 1954, ch. 463, Sec. 6, 68 Stat. 453.)
-End-
-CITE-
43 USC Sec. 1200d 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1200d. Effect of condemnation of Sioux lands for dam purposes
on construction of Fort Randall Dam
-STATUTE-
Nothing in this subchapter shall be construed to restrict
completion of the Fort Randall Dam to provide flood protection and
other benefits on the Missouri River.
-SOURCE-
(July 6, 1954, ch. 463, Sec. 7, 68 Stat. 453.)
-CHANGE-
CHANGE OF NAME
Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.
88-97, Aug. 15, 1963, 77 Stat. 124.
-End-
-CITE-
43 USC Sec. 1200e 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER VIII - INDIAN LANDS
-HEAD-
Sec. 1200e. Authorization of appropriations for relocating certain
Sioux tribe members after condemnation of lands for dam purposes;
conditions; title to lands acquired
-STATUTE-
There is authorized to be appropriated to the Secretary of the
Interior the sum of $106,500, which shall be available until
expended for the purpose of relocating the members of the Yankton
Sioux Tribe, South Dakota, who reside or have resided, on tribal
and allotted lands acquired by the United States for the Fort
Randall Dam and Reservoir project, Missouri River Development, in a
manner that will reestablish and protect their economic, social,
religious, and community life. Title to any lands acquired within
Indian country pursuant to this section shall be taken in the name
of the United States in trust for the Yankton Sioux Tribe or
members thereof. The said sum of $106,500 shall be assessed against
the costs of the Fort Randall Dam and Reservoir, Missouri River
Development.
-SOURCE-
(July 6, 1954, ch. 463, Sec. 8, 68 Stat. 453.)
-CHANGE-
CHANGE OF NAME
Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.
88-97, Aug. 15, 1963, 77 Stat. 124.
-End-
-CITE-
43 USC SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS
-HEAD-
SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS
-End-
-CITE-
43 USC Sec. 1201 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS
-HEAD-
Sec. 1201. Power of Secretary or designated officer
-STATUTE-
The Secretary of the Interior, or such officer as he may
designate, is authorized to enforce and carry into execution, by
appropriate regulations, every part of the provisions of title 32
of the Revised Statutes not otherwise specially provided for.
-SOURCE-
(R.S. Sec. 2478; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
-REFTEXT-
REFERENCES IN TEXT
Title 32 of the Revised Statutes, referred to in text, was in the
original "this Title", meaning title 32 of the Revised Statutes,
consisting of R.S. Secs. 2207 to 2490. For complete classification
of R.S. Secs. 2207 to 2490 to the Code, see Tables.
-COD-
CODIFICATION
R.S. Sec. 2478 derived from acts Sept. 28, 1850, ch. 84, Secs. 1,
4, 9 Stat. 520; Mar. 12, 1860, ch. 5, Sec. 1, 12 Stat. 3; Feb. 19,
1874, ch. 30, 18 Stat. 16.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out under section 1451 of this title.
"Secretary of the Interior or such officer as he may designate"
substituted for "Commissioner of the General Land Office, under the
directions of the Secretary of the Interior" on authority of
section 403 of Reorg. Plan No. 3 of 1946. See note set out under
section 1 of this title.
-End-
-CITE-
43 USC SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS
-HEAD-
SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS
-End-
-CITE-
43 USC Sec. 1211 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS
-HEAD-
Sec. 1211. Elimination of oaths for written statements; discretion
of Secretary of the Interior
-STATUTE-
Written statement in public land matters within the jurisdiction
of the Department of the Interior, heretofore required by law to be
made under oath, need no longer be made under oath unless the
Secretary of the Interior shall, in his discretion, so require.
-SOURCE-
(June 3, 1948, ch. 392, Sec. 1, 62 Stat. 301.)
-End-
-CITE-
43 USC Sec. 1212 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS
-HEAD-
Sec. 1212. Unsworn written statements subject to penalties of
presenting false claims
-STATUTE-
Unsworn written statements made in public land matters within the
jurisdiction of the Department of the Interior shall remain subject
to section 1001 of title 18.
-SOURCE-
(June 3, 1948, ch. 392, Sec. 2, 62 Stat. 301.)
-COD-
CODIFICATION
"Section 1001 of title 18" substituted in text for "section 35(A)
of the Criminal Code (35 Stat. 1095, 18 U.S.C. sec. 80), as
amended" on authority of act June 25, 1948, ch. 645, 62 Stat. 683,
the first section of which enacted Title 18, Crimes and Criminal
Procedure.
-MISC1-
EXEMPTION OF DEPARTMENT OF THE INTERIOR FROM RESTRICTIONS ON NOTARY
PUBLIC
Section 3 of act June 3, 1948, provided: "That part of section
558 of the Act of March 3, 1901, entitled 'An Act to establish a
code of law for the District of Columbia' (31 Stat. 1279), as
amended December 15, 1944 (58 Stat. 810, D.C. Code, 1951 edition,
sec. 1-501), which reads as follows: 'And provided further, That no
notary public shall be authorized to take acknowledgments,
administer oaths, certify papers, or perform any official acts in
connection with matters in which he is employed as counsel,
attorney or agent or in which he may be in any way interested
before any of the Departments aforesaid' shall not apply to matters
before the Department of the Interior."
-End-
-CITE-
43 USC SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND
TITLES 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES
-HEAD-
SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES
-End-
-CITE-
43 USC Sec. 1221 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES
-HEAD-
Sec. 1221. Issuance of patents; application
-STATUTE-
Whenever it shall be shown to the satisfaction of the Secretary
of the Interior that a tract of public land, lying between the
meander line of an inland lake or river in Wisconsin as originally
surveyed and the meander line of that lake or river as subsequently
resurveyed, has been held in good faith and in peaceful, adverse
possession by a person, or his predecessors in interest, who had
been issued a patent, prior to January 21, 1953, for lands lying
along the meander line as originally determined, the Secretary of
the Interior shall cause a patent to be issued to such person for
such land upon the payment of the same price per acre as that at
which the land included in the original patent was purchased and
upon the same terms and conditions. All persons seeking to purchase
lands under this subchapter shall make application to the Secretary
within one year from August 24, 1954, or from the date of the
official filing of the plat or resurvey, whichever is later, and
the Secretary of the Interior shall cause no patents to be issued
for land lying between the original meander line and the resurveyed
meander line until the conclusion of such periods.
-SOURCE-
(Aug. 24, 1954, ch. 900, Sec. 1, 68 Stat. 789.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1222 of this title.
-End-
-CITE-
43 USC Sec. 1222 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES
-HEAD-
Sec. 1222. Notice of opening of lands to purchase
-STATUTE-
Upon the filing of a plat of resurvey under section 1221 of this
title the Secretary shall give such notice as he finds appropriate
by newspaper publication or otherwise of the opening of the lands
to purchase under this subchapter.
-SOURCE-
(Aug. 24, 1954, ch. 900, Sec. 2, 68 Stat. 790.)
-End-
-CITE-
43 USC Sec. 1223 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES
-HEAD-
Sec. 1223. Valid existing rights unaffected
-STATUTE-
Nothing in this subchapter shall affect valid existing rights.
-SOURCE-
(Aug. 24, 1954, ch. 900, Sec. 3, 68 Stat. 790.)
-End-
-CITE-
43 USC SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM
ACQUISITION OF LANDS BY SECRETARY OF THE
INTERIOR 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS
BY SECRETARY OF THE INTERIOR
-HEAD-
SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF
LANDS BY SECRETARY OF THE INTERIOR
-End-
-CITE-
43 USC Secs. 1231 to 1234 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS
BY SECRETARY OF THE INTERIOR
-HEAD-
Secs. 1231 to 1234. Repealed. Pub. L. 91-646, title II, Sec.
220(a)(1), Jan. 2, 1971, 84 Stat. 1903
-MISC1-
Section 1231, Pub. L. 85-433, Sec. 1, May 29, 1958, 72 Stat. 152,
related to payment of moving expenses to owners and tenants of land
acquired for developments and to applications for payments.
Section 1232, Pub. L. 85-433, Sec. 2, May 29, 1958, 72 Stat. 152,
related to administration and rules and regulations.
Section 1233, Pub. L. 85-433, Sec. 3, May 29, 1958, 72 Stat. 152,
related to definitions.
Section 1234, Pub. L. 85-433, Sec. 4, May 29, 1958, 72 Stat. 152,
related to availability of appropriations. See section 4601 et seq.
of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 2, 1971, see section 221 of Pub. L. 91-646,
set out as an Effective Date note under section 4601 of Title 42,
The Public Health and Welfare.
SAVINGS PROVISION
Any rights or liabilities existing under provisions repealed by
section 220(a) of Pub. L. 91-646 as not affected by such repeal,
see section 220(b) of Pub. L. 91-646, set out as a note under
section 4621 of Title 42, The Public Health and Welfare.
-End-
-CITE-
43 USC SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS
ON GOVERNMENT LANDS 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
LANDS
-HEAD-
SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
LANDS
-End-
-CITE-
43 USC Sec. 1241 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
LANDS
-HEAD-
Sec. 1241. Control of noxious plants on Government lands; State
programs; terms of entry
-STATUTE-
The heads of Federal departments or agencies are authorized and
directed to permit the commissioner of agriculture or other proper
agency head of any State in which there is in effect a program for
the control of noxious plants to enter upon any lands under their
control or jurisdiction and destroy noxious plants growing on such
land if -
(1) such entry is in accordance with a program submitted to and
approved by such department or agency: Provided, That no entry
shall occur when the head of such Federal department or agency,
or his designee, shall have certified that entry is inconsistent
with national security;
(2) the means by which noxious plants are destroyed are
acceptable to the head of such department or agency; and
(3) the same procedure required by the State program with
respect to privately owned land has been followed.
-SOURCE-
(Pub. L. 90-583, Sec. 1, Oct. 17, 1968, 82 Stat. 1146.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1242 of this title.
-End-
-CITE-
43 USC Sec. 1242 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
LANDS
-HEAD-
Sec. 1242. Reimbursement of States for expenses
-STATUTE-
Any State incurring expenses pursuant to section 1241 of this
title upon presentation of an itemized account of such expenses
shall be reimbursed by the head of the department or agency having
control or jurisdiction of the land with respect to which such
expenses were incurred: Provided, That such reimbursement shall be
only to the extent that funds appropriated specifically to carry
out the purposes of this subchapter are available therefor during
the fiscal year in which the expenses are incurred.
-SOURCE-
(Pub. L. 90-583, Sec. 2, Oct. 17, 1968, 82 Stat. 1146.)
-End-
-CITE-
43 USC Sec. 1243 01/06/03
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
LANDS
-HEAD-
Sec. 1243. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated to departments or
agencies of the Federal Government such sums as the Congress may
determine to be necessary to carry out the purposes of this
subchapter.
-SOURCE-
(Pub. L. 90-583, Sec. 3, Oct. 17, 1968, 82 Stat. 1146.)
-End-
-HEAD-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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