dreamproit/uscode huggingface dataset:
43 U.S.C. § 757 (PUBLIC LANDS)
§ 757. Cost of survey of private land claims to be reported and paid
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.
(July 31, 1876, ch. 246, 19 Stat. 121; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of Office of Surveyor General and Transfer of Functions
text: 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.
heading: Executive Documents
heading: Transfer of Functions
text: 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, §§ 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.
43 U.S.C. § 759 (PUBLIC LANDS)
§ 759. Survey for and by settlers in township
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.
(R.S. § 2401; Aug. 20, 1894, ch. 302, § 1, 28 Stat. 423; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2401 derived from act May 30, 1862, ch. 86, § 10, 12 Stat. 410.
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of Office of Surveyor General and Transfer of Functions
text: 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.
heading: Transfer of Functions
text: 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, §§ 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.
43 U.S.C. § 760 (PUBLIC LANDS)
§ 760. Deposit for expenses deemed an appropriation
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.
(R.S. § 2402.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2402 derived from Res. July 1, 1864, No. 60, 13 Stat. 414.
43 U.S.C. § 761 (PUBLIC LANDS)
§ 761. Repayment of excess of deposits to cover cost of surveys of mineral lands
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.
(Feb. 24, 1909, ch. 180, 35 Stat. 645; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of Office of Surveyor General and Transfer of Functions
text: 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.
heading: Executive Documents
heading: Transfer of Functions
text: 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, §§ 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.
43 U.S.C. § 762 (PUBLIC LANDS)
§ 762. Deposits made by settlers for surveys to go in part payment of lands
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.
(R.S. § 2403; Apr. 27, 1876, ch. 84, 19 Stat. 38; Mar. 3, 1879, ch. 170, 20 Stat. 352; Aug. 20, 1894, ch. 302, § 2, 28 Stat. 423.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2403 derived from acts Mar. 3, 1871, ch. 127, 16 Stat. 581; Apr. 27, 1876, ch. 84, 19 Stat. 38.
43 U.S.C. § 763 (PUBLIC LANDS)
§ 763. Deposits in Louisiana applicable to resurveys
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.
(Aug. 7, 1882, ch. 433, 22 Stat. 327; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
heading: Executive Documents
heading: Transfer of Functions
text: 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, §§ 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.
43 U.S.C. § 766 (PUBLIC LANDS)
§ 766. Geological surveys, extension of public surveys, expenses of subdividing
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.
(R.S. § 2406.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2406 derived from acts July 21, 1852, ch. 66, § 1, 10 Stat. 15, 21; July 9, 1870, ch. 235, § 16, 16 Stat. 218.
heading: Statutory Notes and Related Subsidiaries
heading: Section as Unaffected by Submerged Lands Act
text: Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
43 U.S.C. § 770 (PUBLIC LANDS)
§ 770. Rectangular mode of survey; departure from
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.
(R.S. § 2410; Apr. 29, 1950, ch. 134, § 2, 64 Stat. 93.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2410 derived from act Mar. 3, 1853, ch. 145, § 4, 10 Stat. 245.
heading: Amendments
text: 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.
43 U.S.C. § 772 (PUBLIC LANDS)
§ 772. Resurveys or retracements to mark boundaries of undisposed lands
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.
(Mar. 3, 1909, ch. 271, 35 Stat. 845; June 25, 1910, No. 40, 36 Stat. 884; Pub. L. 94–579, title VII, § 705(a), Oct. 21, 1976, 90 Stat. 2792.)
heading: Editorial Notes
heading: Amendments
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1976 Amendment
text: Pub. L. 94–579, title VII, § 705(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 705(a) is effective on and after Oct. 21, 1976.
heading: Savings Provision
text: 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.
43 U.S.C. § 774 (PUBLIC LANDS)
§ 774. Protection of surveyor by marshal
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.
(R.S. § 2413.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2413 derived from act May 29, 1830, ch. 163, § 2, 4 Stat. 417.
43 U.S.C. § 775 (PUBLIC LANDS)
§ 775. Omitted
heading: Editorial Notes
heading: Codification
text: 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. 258.
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.
43 U.S.C. § 784 (PUBLIC LANDS)
§ 784. Repealed. Pub. L. 85–56, title XXII, § 2202(1), June 17, 1957, 71 Stat. 162
text: Section, R.S. § 471; act July 3, 1930, ch. 863, § 2, 46 Stat. 1016, required Administrator of Veterans’ Affairs to perform those duties in execution of bounty-land laws as the President prescribed.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal by Pub. L. 85–56 effective Jan. 1, 1958.
43 U.S.C. § 786 (PUBLIC LANDS)
§ 786. Repealed. Pub. L. 85–56, title XXII, § 2202(1), June 17, 1957, 71 Stat. 162
text: Section, R.S. § 4748; act July 3, 1930, ch. 863, §§ 1, 2, 46 Stat. 1016, related to furnishing of free instruction forms for persons filing claims for land bounty warrants.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal by Pub. L. 85–56 effective Jan. 1, 1958.
43 U.S.C. § 787 (PUBLIC LANDS)
§ 787. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
text: Section, R.S. §§ 4746, 4766; acts July 7, 1898, ch. 578, 30 Stat. 718; Aug. 17, 1912, ch. 301, § 1, 37 Stat. 312; July 3, 1930, ch. 863, § 2, 46 Stat. 1016, related to false certification of documents. See section 289 of Title 18, Crimes and Criminal Procedure.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal by act June 25, 1948, effective Sept. 1, 1948.
43 U.S.C. § 841 (PUBLIC LANDS)
§ 841. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
text: Section, act May 21, 1872, ch. 178, 17 Stat. 137, related to offense and punishment of claim agent, attorney or other person for withholding military land bounty warrant. See section 290 of Title 18, Crimes and Criminal Procedure.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948.
43 U.S.C. § 853 (PUBLIC LANDS)
§ 853. Selections in Utah to supply deficiencies of school lands
All the provisions of sections 851 and 852 of this title, which provide for the selection of lands for educational purposes in lieu of those appropriated for other purposes, are made applicable to the State of Utah, and the grant of school lands to said State, including sections 2 and 32 in each township, and indemnity therefor, shall be administered and adjusted in accordance with the provisions of said sections, anything in the Act approved July 16, 1894, providing for the admission of said State into the Union, to the contrary notwithstanding.
Wherever the words “sections 16 and 36” occur in said sections, the same as applicable to the State of Utah shall read: “sections 2, 16, 32, and 36”, and wherever the words “sixteenth and thirty-sixth sections” occur the same shall read: “second, sixteenth, thirty-second, and thirty-sixth sections”, and wherever the words “sections 16 or 36” occur the same shall read: “sections 2, 16, 32, or 36”, and wherever the words “two sections” occur the same shall read “four sections.”
(May 3, 1902, ch. 683, §§ 1, 2, 32 Stat. 188, 189.)
heading: Editorial Notes
heading: References in Text
text: Act approved July 16, 1894, referred to in text, is act July 16, 1894, ch. 138, 28 Stat. 107. Provisions of such act relating to admission of Utah into the Union are not classified to the Code.
43 U.S.C. § 854 (PUBLIC LANDS)
§ 854. Selections in New Mexico to supply deficiencies of school lands
All the provisions of sections 851 and 852 of this title are made applicable to New Mexico, and the grant of school lands to said State, and indemnity therefor, shall be administered and adjusted in accordance with the provisions of such sections, anything in the Act of Congress approved June 21, 1898, making certain grants of land to the Territory of New Mexico, and for other purposes, to the contrary notwithstanding.
(Mar. 16, 1908, ch. 88, 35 Stat. 44.)
heading: Editorial Notes
heading: References in Text
text: Act of Congress approved June 21, 1898, referred to in text, is act June 21, 1898, ch. 489, 30 Stat. 484, which is not classified to the Code.
References to “Territory” of New Mexico were superseded by the admission of New Mexico into the Union by act June 30, 1910, ch. 310, 36 Stat. 557, and Res. Aug. 21, 1911, No. 8, 37 Stat. 39.
43 U.S.C. § 855 (PUBLIC LANDS)
§ 855. Omitted
heading: Editorial Notes
heading: Codification
text: Section, act Mar. 2, 1923, ch. 184, 42 Stat. 1429, authorized Secretary of the Interior to convey certain lands to State of Wyoming which were to be selected in lieu of tract numbered 60, township 56, north, of range 69 west of the sixth principal meridian in that State.
43 U.S.C. § 857 (PUBLIC LANDS)
§ 857. Grant to new States
There is granted, for purposes of internal improvement, to each new State admitted into the Union, after September 4, 1841, upon such admission, so much public land as, including the quantity that was granted to such State before its admission and while under a territorial government, will make five hundred thousand acres.
The selections of lands, granted in this section, shall be made within the limits of each State so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved from sale by law of Congress or by proclamation of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law.
(R.S. §§ 2378, 2379.)
heading: Editorial Notes
heading: Codification
text: R.S. §§ 2378, 2379 derived from act Sept. 4, 1841, ch. 16, § 8, 5 Stat. 455.
heading: Statutory Notes and Related Subsidiaries
heading: Grants Not To Extend to Alaska
text: Land grant under Alaska Statehood provisions in lieu of grant of land under this section (declared not to extend to Alaska), see section 6(l) of Pub. L. 85–508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.
heading: Executive Documents
heading: Admission of Alaska as State
text: 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.
43 U.S.C. § 858 (PUBLIC LANDS)
§ 858. Grants to counties for seats of justice
There shall be granted to the several counties or parishes of each State and Territory, where there are public lands, at the minimum price for which public lands of the United States are sold, the right of preemption to one quarter section of land, in each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but the proceeds of the sale of each of such quarter section shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located.
(R.S. § 2286.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2286 derived from act May 26, 1824, ch. 169, § 1, 4 Stat. 50.
43 U.S.C. § 859 (PUBLIC LANDS)
§ 859. Fee simple to pass in all grants
Where lands have been or may hereafter be granted by any law of Congress to any one of the several States and Territories, and where such law does not convey the fee-simple title of the lands, or require patents to be issued therefor, the list of such lands which have been or may hereafter be certified by the Secretary of the Interior or such officer as he may designate, under the seal of his office, either as originals or copies of the originals or records shall be regarded as conveying the fee simple of all the lands embraced in such lists that are of the character contemplated by such Act of Congress, and intended to be granted thereby, but where lands embraced in such lists are not of the character embraced by such Acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby.
(R.S. § 2449; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2449 derived from acts Aug. 3, 1854, ch. 201, 10 Stat. 346; Mar. 3, 1875, ch. 139, § 8, 18 Stat. 475.
heading: Executive Documents
heading: Transfer of Functions
text: 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, §§ 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.