-CITE-
    43 USC CHAPTER 18 - SURVEY OF PUBLIC LANDS                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
                    CHAPTER 18 - SURVEY OF PUBLIC LANDS                

-MISC1-
    Sec.                                                     
    751.        Rules of survey.                                      
    751a.       Survey system extended to Alaska.                     
    751b.       Surveys in Nome and Fairbanks districts.              
    752.        Boundaries and contents of public lands; how
                 ascertained.                                         
    753.        Lines of division of half quarter sections; how run.  
    754 to 756. Repealed.                                             
    757.        Cost of survey of private land claims to be reported
                 and paid.                                            
    758.        Delivery of patent contingent on refund of cost of
                 survey.                                              
    759.        Survey for and by settlers in township.               
    760.        Deposit for expenses deemed an appropriation.         
    761.        Repayment of excess of deposits to cover cost of
                 surveys of mineral lands.                            
    762.        Deposits made by settlers for surveys to go in part
                 payment of lands.                                    
    763.        Deposits in Louisiana applicable to resurveys.        
    764, 765.   Repealed.                                             
    766.        Geological surveys, extension of public surveys,
                 expenses of subdividing.                             
    767 to 769. Repealed.                                             
    770.        Rectangular mode of survey; departure from.           
    771.        Repealed.                                             
    772.        Resurveys or retracements to mark boundaries of
                 undisposed lands.                                    
    773.        Resurveys or retracements of township lines, etc.     
    774.        Protection of surveyor by marshal.                    
    775.        Omitted.                                              

-End-



-CITE-
    43 USC Sec. 751                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 751. Rules of survey

-STATUTE-
      The public lands shall be divided by north and south lines run
    according to the true meridian, and by others crossing them at
    right angles, so as to form townships of six miles square, unless
    where the line of an Indian reservation, or of tracts of land
    surveyed or patented prior to May 18, 1796, or the course of
    navigable rivers, may render this impracticable; and in that case
    this rule must be departed from no further than such particular
    circumstances require.
      Second. The corners of the townships must be marked with
    progressive numbers from the beginning; each distance of a mile
    between such corners must be also distinctly marked with marks
    different from those of the corners.
      Third. The township shall be subdivided into sections,
    containing, as nearly as may be, six hundred and forty acres each,
    by running parallel lines through the same from east to west and
    from south to north at the distance of one mile from each other,
    and marking corners at the distance of each half mile. The sections
    shall be numbered, respectively, beginning with the number one in
    the northeast section and proceeding west and east alternately
    through the township with progressive numbers, until the thirty-six
    be completed.
      Fourth. The deputy surveyors, respectively, shall cause to be
    marked on a tree near each corner established in the manner
    described, and within the section, the number of such section, and
    over it the number of the township within which such section may
    be; and the deputy surveyors shall carefully note, in their
    respective field books, the names of the corner trees marked and
    the numbers so made.
      Fifth. Where the exterior lines of the townships which may be
    subdivided into sections or half-sections exceed, or do not extend
    six miles, the excess or deficiency shall be specially noted, and
    added to or deducted from the western and northern ranges of
    sections or half-sections in such township, according as the error
    may be in running the lines from east to west, or from north to
    south; the sections and half-sections bounded on the northern and
    western lines of such townships shall be sold as containing only
    the quantity expressed in the returns and plats respectively, and
    all others as containing the complete legal quantity.
      Sixth. All lines shall be plainly marked upon trees, and measured
    with chains, containing two perches of sixteen and one-half feet
    each, subdivided into twenty-five equal links; and the chain shall
    be adjusted to a standard to be kept for that purpose.
      Seventh. Every surveyor shall note in his field book the true
    situations of all mines, salt licks, salt springs, and mill-seats
    which come to his knowledge; all watercourses over which the line
    he runs may pass; and also the quality of the lands.
      Eighth. These field books shall be returned to the Secretary of
    the Interior or such officer as he may designate, who shall cause
    therefrom a description of the whole lands surveyed to be made out
    and transmitted to the officers who may superintend the sales. He
    shall also cause a fair plat to be made of the townships and
    fractional parts of townships contained in the lands, describing
    the subdivisions thereof, and the marks of the corners. This plat
    shall be recorded in books to be kept for that purpose; and a copy
    thereof shall be kept open at the office of the Secretary of the
    Interior or of such agency as he may designate for public
    information, and other copies shall be sent to the places of the
    sale, and to the Bureau of Land Management.

-SOURCE-
    (R.S. Sec. 2395; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100; Apr. 29, 1950, ch. 134, Sec. 1, 64 Stat. 92.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2395 derived from acts May 18, 1796, ch. 29, Sec. 2, 1
    Stat. 465; May 10, 1800, ch. 55, Sec. 3, 2 Stat. 73; Mar. 3, 1877,
    ch. 105, 19 Stat. 348.


-MISC1-
                                AMENDMENTS                            
      1950 - Par. Third. Act Apr. 29, 1950, struck out provision that
    sections 1 mile square in townships be established by running
    survey lines 2 miles apart.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      In par. "Eighth", reference to "United States Supervisor of
    Surveys," changed to "Secretary of the Interior or such officer as
    he may designate,"; "office of the Field Surveying Service" changed
    to "office of the Secretary of the Interior or of such agency as he
    may designate,"; and "General Land Office" changed to "Bureau of
    Land Management", on authority of section 403 of Reorg. Plan No. 3
    of 1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.


-MISC2-
                LAND INFORMATION STUDY; REPORT TO CONGRESS            
      Pub. L. 100-409, Sec. 8, Aug. 20, 1988, 102 Stat. 1091, provided
    that:
      "(a) Study. - The Secretary of the Interior shall conduct an
    assessment of the need for and cost and benefits associated with
    improvements in the existing methods of land surveying and mapping
    and of collecting, storing, retrieving, disseminating, and using
    information about Federal and other lands.
      "(b) Consultation. - In conducting the assessment required by
    this section, the Secretary of the Interior shall consult with the
    following - 
        "(1) the Secretary of Agriculture;
        "(2) the Secretary of Commerce;
        "(3) the Director of the National Science Foundation;
        "(4) representatives of State and local governments;
        "(5) representatives of private sector surveying and mapping
      science.
      "(c) Report. - No later than one year after the day of enactment
    of this Act [Aug. 20, 1988], the Secretary of the Interior shall
    report to the Congress concerning the results of the assessment
    required by this section.
      "(d) Topics. - In the report required by subsection (c), the
    Secretary of the Interior shall include a discussion and evaluation
    of the following:
        "(1) relevant recommendations made by the National Academy of
      Sciences (National Research Council) on the concept of a
      multipurpose cadastre from time to time prior to the date of
      enactment of this Act [Aug. 20, 1988];
        "(2) ongoing activities concerning development of an overall
      reference frame for land and resource information, including but
      not limited to a geodetic network, a series of current and
      accurate large-scale maps, cadastral overlay maps, unique
      identifying numbers linking specific land parcels to a common
      index of all land records in United States cadastral systems, and
      a series of land data files;
        "(3) ways to achieve better definition of the roles of Federal
      and other governmental agencies and the private sector in dealing
      with land information systems;
        "(4) ways to improve the coordination of Federal land
      information activities; and
        "(5) model standards developed by the Secretary for compatible
      multipurpose land information systems for use by Federal, State
      and local governmental agencies, the public, and the private
      sector.
      "(e) Recommendations. - The report required by subsection (c) may
    also include such recommendations for legislation as the Secretary
    of the Interior considers necessary or desirable."

-End-



-CITE-
    43 USC Sec. 751a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 751a. Survey system extended to Alaska

-STATUTE-
      The system of public land surveys is extended to the Territory of
    Alaska.

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

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 351 of Title 48,
    Territories and Insular Possessions.
      Section is from the Sundry Civil Appropriation Act, 1900.


-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    43 USC Sec. 751b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 751b. Surveys in Nome and Fairbanks districts

-STATUTE-
      The Secretary of the Interior or such officer as he may
    designate, shall furnish the land offices at Nome and Fairbanks a
    sufficient quantity of numbers to be used in the different classes
    of official surveys that may be made in the Nome and Fairbanks land
    districts to meet the requirements thereof, and upon application by
    any person desiring to have an official survey made such officers
    as the Secretary of the Interior may designate shall furnish a
    number or numbers for such survey or surveys, together with an
    order directing a qualified deputy surveyor to make the same, and
    such application, order, and the fee required to be paid shall be
    transmitted to the Secretary of the Interior or such officer as he
    may designate: Provided, That all surveys thus made shall be
    approved by the Secretary of the Interior or such officer as he may
    designate.

-SOURCE-
    (Mar. 2, 1907, ch. 2537, Sec. 4, 34 Stat. 1232; Mar. 3, 1925, ch.
    462, 43 Stat. 1144; Oct. 9, 1942, ch. 584, Sec. 2, 56 Stat. 779;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 352 of Title 48,
    Territories and Insular Possessions.


-MISC1-
                                  REPEALS                              
      Act Oct. 9, 1942, ch. 584, Sec. 2, 56 Stat. 779, cited as a
    credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a),
    Sept. 6, 1966, 80 Stat. 651.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Functions of Supervisor of Surveys and Registers transferred to
    Secretary of the Interior or those officers as he may designate by
    section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.
      References to "receivers" changed to "registers" by act Oct. 9,
    1942, which abolished office of receiver and transferred functions
    to an employee to be designated by Secretary and to be performed
    under title "register".
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-



-CITE-
    43 USC Sec. 752                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

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

-STATUTE-
      The boundaries and contents of the several sections, half-
    sections, and quarter-sections of the public lands shall be
    ascertained in conformity with the following principles:
      First. All the corners marked in the surveys, returned by the
    Secretary of the Interior or such agency as he may designate, shall
    be established as the proper corners of sections, or subdivisions
    of sections, which they were intended to designate; and the corners
    of half- and quarter-sections, not marked on the surveys, shall be
    placed as nearly as possible equidistant from two corners which
    stand on the same line.
      Second. The boundary lines, actually run and marked in the
    surveys returned by the Secretary of the Interior or such agency as
    he may designate, shall be established as the proper boundary lines
    of the sections, or subdivisions, for which they were intended, and
    the length of such lines as returned, shall be held and considered
    as the true length thereof. And the boundary lines which have not
    been actually run and marked shall be ascertained, by running
    straight lines from the established corners to the opposite
    corresponding corners; but in those portions of the fractional
    townships where no such opposite corresponding corners have been or
    can be fixed, the boundary lines shall be ascertained by running
    from the established corners due north and south or east and west
    lines, as the case may be, to the watercourse, Indian boundary
    line, or other external boundary of such fractional township.
      Third. Each section or subdivision of section, the contents
    whereof have been returned by the Secretary of the Interior or such
    agency as he may designate, shall be held and considered as
    containing the exact quantity expressed in such return; and the
    half sections and quarter sections, the contents whereof shall not
    have been thus returned, shall be held and considered as containing
    the one-half or the one-fourth part, respectively, of the returned
    contents of the section of which they may make part.

-SOURCE-
    (R.S. Sec. 2396; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2396 derived from act Feb. 11, 1805, ch. 14, Sec. 2, 2
    Stat. 313.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      In pars. "First", "Second" and "Third", reference to "Field
    Surveying Service" changed to "Secretary of the Interior or such
    agency as he may designate", on authority of section 403 of Reorg.
    Plan No. 3 of 1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-



-CITE-
    43 USC Sec. 753                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

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

-STATUTE-
      In every case of the division of a quarter section the line for
    the division thereof shall run north and south, and the corners and
    contents of half quarter sections which may thereafter be sold,
    shall be ascertained in the manner and on the principles directed
    and prescribed by section 752 of this title, and fractional
    sections containing one hundred and sixty acres or upwards shall in
    like manner as nearly as practicable be subdivided into half
    quarter sections under such rules and regulations as may be
    prescribed by the Secretary of the Interior, and in every case of a
    division of a half quarter section, the line for the division
    thereof shall run east and west, and the corners and contents of
    quarter quarter sections, which may thereafter be sold, shall be
    ascertained as nearly as may be, in the manner, and on the
    principles, directed and prescribed by the section preceding; and
    fractional sections containing fewer or more than one hundred and
    sixty acres shall in like manner, as nearly as may be practicable,
    be subdivided into quarter quarter sections, under such rules and
    regulations as may be prescribed by the Secretary of the Interior.

-SOURCE-
    (R.S. Sec. 2397.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2397 derived from acts Apr. 24, 1820, ch. 51, Sec. 1, 3
    Stat. 566; Apr. 5, 1832, ch. 65, 4 Stat. 503.

-End-



-CITE-
    43 USC Secs. 754 to 756                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Secs. 754 to 756. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
      1029

-MISC1-
      Section 754, R.S. Sec. 2398, related to binding effect of
    contracts for surveys.
      Section 755, R.S. Sec. 2399; acts Oct. 1, 1890, ch. 1262, 26
    Stat. 650; Aug. 15, 1894, ch. 288, 28 Stat. 285; Apr. 26, 1902, ch.
    592, 32 Stat. 120; Mar. 3, 1925, ch. 462, 43 Stat. 1144, related to
    various surveying instructions which were to be deemed part of
    every contract for survey.
      Section 756, R.S. Sec. 2400; act Mar. 3, 1875, ch. 130, Sec. 1,
    18 Stat. 384, related to establishment of prices of surveys.

-End-



-CITE-
    43 USC Sec. 757                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

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

-STATUTE-
      An accurate account shall be kept by the Secretary of the
    Interior or such officer as he may designate of the cost of
    surveying and platting every private land claim to be reported to
    the Bureau of Land Management with the map of such claim; and a
    patent shall not issue nor shall any copy of any such survey be
    furnished for any such private claim until the cost of survey and
    platting shall have been paid into the Treasury of the United
    States by the party or parties in interest in said grant or by any
    other party.

-SOURCE-
    (July 31, 1876, ch. 246, 19 Stat. 121; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Field Surveying Service" changed to "Secretary of the Interior
    or such agency as he may designate" and "General Land Office"
    changed to "Bureau of Land Management", on authority of section 403
    of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
    this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-



-CITE-
    43 USC Sec. 758                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

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

-STATUTE-
      In all cases of the survey of private land claims the cost of the
    same shall be refunded to the Treasury by the owner before the
    delivery of the patent.

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

-End-



-CITE-
    43 USC Sec. 759                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 759. Survey for and by settlers in township

-STATUTE-
      When the settlers in any township not mineral or reserved by the
    Government, or persons and associations lawfully possessed of coal
    lands and otherwise qualified to make entry thereof, or when the
    owners or grantees of public lands of the United States, under any
    law thereof, desire a survey made of the same under the authority
    of such agency as the Secretary of the Interior may designate and
    shall file an application therefor in writing, and shall deposit in
    a proper United States depository to the credit of the United
    States a sum sufficient to pay for such survey, together with all
    expenditures incident thereto, without cost or claim for indemnity
    on the United States, it shall be lawful for such agency, under
    such instructions as may be given by the Secretary of the Interior
    or such officer as he may designate, and in accordance with law, to
    survey such township or such public lands owned by said grantees of
    the Government, and make return therefor to the general and proper
    local land office: Provided, That no application shall be granted
    unless the township so proposed to be surveyed is within the range
    of the regular progress of the public surveys embraced by existing
    standard lines or bases for township and subdivisional surveys.

-SOURCE-
    (R.S. Sec. 2401; Aug. 20, 1894, ch. 302, Sec. 1, 28 Stat. 423; Mar.
    3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2401 derived from act May 30, 1862, ch. 86, Sec. 10, 12
    Stat. 410.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      References to "the Field Surveying Service" changed to "such
    agency as the Secretary of the Interior may designate" and "such
    agency,", respectively; and "Commissioner of the General Land
    Office" changed to "Secretary of the Interior or such officer as he
    may designate", on authority of section 403 of Reorg. Plan No. 3 of
    1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-



-CITE-
    43 USC Sec. 760                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 760. Deposit for expenses deemed an appropriation

-STATUTE-
      The deposit of money in a proper United States depository, under
    the provisions of section 759 of this title, shall be deemed an
    appropriation of the sums so deposited for the objects contemplated
    by said section, and the Secretary of the Treasury is authorized to
    cause the sums so deposited to be placed to the credit of the
    proper appropriations for the surveying service; but any excesses
    in such sums over and above the actual cost of the surveys,
    comprising all expenses incident thereto, for which they were
    severally deposited, shall be repaid to the depositors
    respectively.

-SOURCE-
    (R.S. Sec. 2402.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2402 derived from Res. July 1, 1864, No. 60, 13 Stat.
    414.

-End-



-CITE-
    43 USC Sec. 761                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 761. Repayment of excess of deposits to cover cost of surveys
      of mineral lands

-STATUTE-
      The Secretary of the Treasury is authorized and directed to pay,
    out of the moneys heretofore or hereafter covered into the Treasury
    from deposits made by individuals to cover cost of work performed
    and to be performed in the offices of such agency as the Secretary
    of the Interior may designate in connection with the survey of
    mineral lands, any excess in the amount deposited over and above
    the actual cost of the work performed, including all expenses
    incident thereto for which the deposits were severally made or the
    whole of any unused deposit; and such sums, as the several cases
    may be, shall be deemed to be annually and permanently appropriated
    for that purpose. Such repayments shall be made to the person or
    persons who made the several deposits, or to his or their legal
    representatives, after the completion or abandonment of the work
    for which the deposits were made, and upon an account certified by
    the office of such agency of the district in which the mineral land
    surveyed, or sought to be surveyed, is situated and approved by the
    Secretary of the Interior or such officer as he may designate.

-SOURCE-
    (Feb. 24, 1909, ch. 180, 35 Stat. 645; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      References to "the United States Field Surveying Service" and
    "the Field Surveying Service" changed to "such agency as the
    Secretary of the Interior may designate", and "the office of such
    agency", respectively; and "Commissioner of the General Land
    Office" changed to "Secretary of the Interior or such officer as he
    may designate", on authority of section 403 of Reorg. Plan No. 3 of
    1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-



-CITE-
    43 USC Sec. 762                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 762. Deposits made by settlers for surveys to go in part
      payment of lands

-STATUTE-
      Where settlers or owners or grantees of public lands make
    deposits in accordance with the provisions of section 759 of this
    title, certificates shall be issued for such deposits which may be
    used by settlers in part payment for the lands settled upon by
    them, the survey of which is paid for out of such deposits, or said
    certificates may be assigned by indorsement and may be received by
    the Government in payment for any public lands of the United States
    in the States where the surveys were made, entered or to be entered
    under the laws thereof.

-SOURCE-
    (R.S. Sec. 2403; Apr. 27, 1876, ch. 84, 19 Stat. 38; Mar. 3, 1879,
    ch. 170, 20 Stat. 352; Aug. 20, 1894, ch. 302, Sec. 2, 28 Stat.
    423.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2403 derived from acts Mar. 3, 1871, ch. 127, 16 Stat.
    581; Apr. 27, 1876, ch. 84, 19 Stat. 38.

-End-



-CITE-
    43 USC Sec. 763                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 763. Deposits in Louisiana applicable to resurveys

-STATUTE-
      Such sums as have been or may be deposited for surveys in
    Louisiana by actual settlers, under sections 759, 760, and 762 of
    this title, may be, in whole or in part, employed in making such
    resurveys as may be necessary in the discretion of the Secretary of
    the Interior or such officer as he may designate.

-SOURCE-
    (Aug. 7, 1882, ch. 433, 22 Stat. 327; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-



-CITE-
    43 USC Secs. 764, 765                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Secs. 764, 765. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
      1029

-MISC1-
      Section 764, R.S. Sec. 2404, related to augmented rates for
    surveys of forest lands in Oregon.
      Section 765, R.S. Sec. 2405, related to augmented rates for
    surveys of forest lands in California and Washington.

-End-



-CITE-
    43 USC Sec. 766                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 766. Geological surveys, extension of public surveys, expenses
      of subdividing

-STATUTE-
      There shall be no further geological survey by the Government,
    unless authorized by law. The public surveys shall extend over all
    mineral lands; and all subdividing of surveyed lands into lots less
    than one hundred and sixty acres may be done by county and local
    surveyors at the expense of claimants; but nothing in this section
    contained shall require the survey of waste or useless lands.

-SOURCE-
    (R.S. Sec. 2406.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2406 derived from acts July 21, 1852, ch. 66, Sec. 1,
    10 Stat. 15, 21; July 9, 1870, ch. 235, Sec. 16, 16 Stat. 218.


-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-



-CITE-
    43 USC Sec. 767                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

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

-MISC1-
      Section, R.S. Sec. 2407, authorized a departure from ordinary
    method in surveying land on a watercourse.

-End-



-CITE-
    43 USC Secs. 768, 769                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Secs. 768, 769. Repealed. Apr. 29, 1950, ch. 134, Sec. 4, 64 Stat.
      93

-MISC1-
      Section 768, R.S. Sec. 2408, authorized Secretary of the Interior
    to vary lines of subdivisions from a rectangular form to suit the
    circumstances of the country in extending the surveys of public
    lands in Nevada. See section 770 of this title.
      Section 769, R.S. Sec. 2409, authorized Secretary of the Interior
    to continue geodetic method of survey in Oregon and California.

-End-



-CITE-
    43 USC Sec. 770                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 770. Rectangular mode of survey; departure from

-STATUTE-
      The Secretary of the Interior may, by regulation, provide that
    departures may be made from the system of rectangular surveys
    whenever it is not feasible or economical to extend the rectangular
    surveys in the regular manner or whenever such departure would
    promote the beneficial use of lands.

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

-COD-
                               CODIFICATION                           
      R.S. Sec. 2410 derived from act Mar. 3, 1853, ch. 145, Sec. 4, 10
    Stat. 245.


-MISC1-
                                AMENDMENTS                            
      1950 - Act Apr. 29, 1950, struck out limitation that, when there
    are departures from the rectangular surveys, the lands shall not be
    surveyed into less than 160 acres or subdivided into less than 40
    acres, and by substituting a general provision for those
    departures.

-End-



-CITE-
    43 USC Sec. 771                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

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

-MISC1-
      Section, R.S. Sec. 2411, related to compensation for surveying by
    the day instead of by the mile in Oregon and California.

-End-



-CITE-
    43 USC Sec. 772                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 772. Resurveys or retracements to mark boundaries of
      undisposed lands

-STATUTE-
      The Secretary of the Interior may, as of March 3, 1909, in his
    discretion cause to be made, as he may deem wise under the
    rectangular system on that date provided by law, such resurveys or
    retracements of the surveys of public lands as, after full
    investigation, he may deem essential to properly mark the
    boundaries of the public lands remaining undisposed of: Provided,
    That no such resurvey or retracement shall be so executed as to
    impair the bona fide rights or claims of any claimant, entryman, or
    owner of lands affected by such resurvey or retracement.

-SOURCE-
    (Mar. 3, 1909, ch. 271, 35 Stat. 845; June 25, 1910, No. 40, 36
    Stat. 884; Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976,
    90 Stat. 2792.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out proviso authorizing that not
    more than 20 per centum of relevant appropriations be used for
    resurveys and retracements under this section.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 705(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-



-CITE-
    43 USC Sec. 773                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

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

-STATUTE-
      Upon the application of the owners of three-fourths of the
    privately owned lands in any township covered by public-land
    surveys, more than 50 per centum of the area of which townships is
    privately owned, accompanied by a deposit with the Secretary of the
    Interior, or such officer as he may designate, of the proportionate
    estimated cost, inclusive of the necessary work, of the resurvey or
    retracement of all the privately owned lands in said township, the
    Secretary, or such officer as he may designate, shall be authorized
    in his discretion to cause to be made a resurvey or retracement of
    the lines of said township and to set permanent corners and
    monuments in accordance with the laws and regulations governing
    surveys and resurveys of public lands. The sum so deposited shall
    be held by the Secretary of the Interior or such officer as he may
    designate, and may be expended in payment of the cost of such
    survey, including field and office work, and any excess over the
    cost of such survey and the expenses incident thereto shall be
    repaid pro rata to the persons making said deposits or their legal
    representatives. The proportionate cost of the field and office
    work for the resurvey or retracement of any public lands in such
    township shall be paid from the current appropriation for the
    survey and resurvey of public lands, in addition to the portion of
    such appropriation otherwise allowed by law for resurveys and
    retracements. Similar resurveys and retracements may be made on the
    application, accompanied by the requisite deposit, of any court of
    competent jurisdiction, the returns of such resurvey or retracement
    to be submitted to the court. The Secretary of the Interior is
    authorized to make all necessary rules and regulations to carry
    this section into full force and effect.

-SOURCE-
    (Sept. 21, 1918, ch. 175, 40 Stat. 965; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Supervisor of Surveys" changed to the "Secretary of the
    Interior, or such officer as he may designate,"; "Commissioner of
    the General Land Office subject to the supervisory authority of the
    Secretary of the Interior," changed to "Secretary, or such officer
    as he may designate,"; and reference to "Supervisor of Surveys or
    commissioner" changed to "Secretary of the Interior or such officer
    as he may designate,", all on authority of section 403 of Reorg.
    Plan No. 3 of 1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-



-CITE-
    43 USC Sec. 774                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 774. Protection of surveyor by marshal

-STATUTE-
      Whenever the President is satisfied that forcible opposition has
    been offered, or is likely to be offered, to any surveyor or deputy
    surveyor in the discharge of his duties in surveying the public
    lands, it may be lawful for the President to order the marshal of
    the State or district, by himself or deputy, to attend such
    surveyor or deputy surveyor with sufficient force to protect such
    officer in the execution of his duty, and to remove force should
    any be offered.

-SOURCE-
    (R.S. Sec. 2413.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2413 derived from act May 29, 1830, ch. 163, Sec. 2, 4
    Stat. 417.

-End-



-CITE-
    43 USC Sec. 775                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 775. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 13, 1960, Pub. L. 86-455, title I, 74 Stat. 106,
    related to contributions for costs of management of lands and for
    surveying federally controlled lands, was from the Department of
    the Interior and Related Agencies Appropriation Act, 1961, and was
    not repeated in subsequent appropriation acts. Similar provisions
    were contained in the following prior appropriation acts:
      June 23, 1959, Pub. L. 86-60, title I, 72 Stat. 93.
      June 4, 1958, Pub. L. 85-439, title I, 72 Stat. 156.
      July 1, 1957, Pub. L. 85-77, title I, 71 Stat. 528.
      June 13, 1956, ch. 380, title I, 70 Stat. 258.
      June 16, 1955, ch. 147, title I, 69 Stat. 142.
      July 1, 1954, ch. 446, title I, 68 Stat. 362.
      July 31, 1953, ch. 298, title I, 67 Stat. 263.
      July 9, 1952, ch. 597, title I, 66 Stat. 447.

-End-