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43 U.S.C. § 852 — Selections to supply deficiencies of school lands
Federal law — U.S. Code and appendices · legal_authorities
**(a) Restrictions** The lands appropriated by [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section851&num=0&edition=prelim) shall be selected from any unappropriated, surveyed or unsurveyed public lands within the State where such losses or deficiencies occur subject to the following restrictions:
(1) No lands mineral in character may be selected by a State except to the extent that the selection is being made as indemnity for mineral lands lost to the State because of appropriation before title could pass to the State;
(2) No lands on a known geologic structure of a producing oil or gas field may be selected except to the extent that the selection is being made as indemnity for lands on such a structure lost to the State because of appropriation before title could pass to the State; and
(3) Land subject to a mineral lease or permit may be selected if none of the land subject to that lease or permit is in a producing or producible status, subject, however, to the restrictions and conditions of the preceding and following paragraphs of this subsection.
(4) If a selection is consummated as to a portion but not all of the lands subject to any mineral lease or permit, then, as to such portion and for so long only as such lease or permit or any lease issued pursuant to such permit shall remain in effect, there shall be automatically reserved to the United States the mineral or minerals for which the lease or permit was issued, together with such further rights as may be necessary for the full and complete enjoyment of all rights, privileges and benefits under or with respect to the lease or permit: Provided, however, That after approval of the selection the Secretary of the Interior shall determine what portion of any
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Stable record: federal_law:legal_authorities:record_usc_36ce1ae90a113b126589370d
Source file: Laws/federal/codes/united-states-code/title-43/section-852-selections-to-supply-deficiencies-of-school-lands--8729d716e0.md
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Source location: Title 43, Chapter 20, § 852; chapter-020-reservations-and-grants-to-states-for-public-purposes.md
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**(a) Restrictions** The lands appropriated by [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section851&num=0&edition=prelim) shall be selected from any unappropriated, surveyed or unsurveyed public lands within the State where such losses or deficiencies occur subject to the following restrictions:
(1) No lands mineral in character may be selected by a State except to the extent that the selection is being made as indemnity for mineral lands lost to the State because of appropriation before title could pass to the State;
(2) No lands on a known geologic structure of a producing oil or gas field may be selected except to the extent that the selection is being made as indemnity for lands on such a structure lost to the State because of appropriation before title could pass to the State; and
(3) Land subject to a mineral lease or permit may be selected if none of the land subject to that lease or permit is in a producing or producible status, subject, however, to the restrictions and conditions of the preceding and following paragraphs of this subsection.
(4) If a selection is consummated as to a portion but not all of the lands subject to any mineral lease or permit, then, as to such portion and for so long only as such lease or permit or any lease issued pursuant to such permit shall remain in effect, there shall be automatically reserved to the United States the mineral or minerals for which the lease or permit was issued, together with such further rights as may be necessary for the full and complete enjoyment of all rights, privileges and benefits under or with respect to the lease or permit: Provided, however, That after approval of the selection the Secretary of the Interior shall determine what portion of any rents and royalties accruing thereafter which may be paid under the lease or permit is properly applicable to that portion of the land subject to the lease or permit selected by the State, the portion applicable being determined by applying to the sum of the rents and royalties the same ratio as that existing between the acreage selected by the State and the total acreage subject to the lease or permit; of the portion applicable to the selected land 90 per centum shall be paid to the State by the United States annually and 10 per centum shall be deposited in the Treasury of the United States as miscellaneous receipts.
(5) If a selection is consummated as to all of the lands subject to any mineral lease or permit or if, where the selecting State has previously acquired title to a portion of the lands subject to a mineral lease or permit, a selection is consummated as to all of the remaining lands subject to that lease or permit, then and upon condition that the United States shall retain all rents and royalties theretofore paid and that the lessee or permittee shall have and may enjoy under and with respect to that lease or permit all the rights, privileges, and benefits which he would have had or might have enjoyed had the selection not been made and approved, the State shall succeed to all the rights of the United States under the lease or permit as to the mineral or minerals covered thereby, subject, however, to all obligations of the United States under and with respect to that lease or permit.
**(b) Adjustments** Where the selections are to compensate for deficiencies of school lands in fractional townships, such selections shall be made in accordance with the following principles of adjustment, to wit: For each township, or fractional township, containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters of a township, three-quarters of a section; for a fractional township, containing a greater quantity of land than one-quarter, and not more than one-half of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township, one-quarter section of land: Provided, That the States which are, or shall be entitled to both the sixteenth and thirty-sixth sections in place, shall have the right to select double the amounts named, to compensate for deficiencies of school land in fractional townships.
**(c) Preference rights for State** Notwithstanding the provisions of section 282 11 See References in Text note below. of this title on the revocation not later than 10 years after the date of approval of this Act, of any order of withdrawal, in whole or in part, the order or notice taking such action shall provide for a period of not less than six months before the date on which it otherwise becomes effective in which the State in which the lands are situated shall have a preferred right of application for selection under this section, subject to the requirements of existing law, except as against the prior existing valid settlement rights and preference rights conferred by existing law other than section 282 1 of this title, or as against equitable claims subject to allowance and confirmation, and except where a revocation of an order of withdrawal is made in order to assist in a Federal land program.
**(d) “Unappropriated public lands” defined; determination of mineral character of land**
(1) The term “unappropriated public lands” as used in this section shall include, without otherwise affecting the meaning thereof, lands withdrawn for coal, phosphate, nitrate, potash, oil, gas, asphaltic minerals, oil shale, sodium, and sulphur, but otherwise subject to appropriation, location, selection, entry, or purchase under the nonmineral laws of the United States; lands withdrawn by Executive Order Numbered 5327, of April 15, 1930, if otherwise available for selection; and the retained or reserved interest of the United States in lands which have been disposed of with a reservation to the United States of all minerals or any specified mineral or minerals.
(2) The determination, for the purposes of this section of the mineral character of lands lost to a State shall be made as of the date of application for selection and upon the basis of the best evidence available at that time.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Mar. 4, 1915, ch. 181, § 1, 38 Stat. 1214; Mar. 5, 1952, ch. 80, §§ 1–3, 66 Stat. 14; Aug. 5, 1953, ch. 323, 67 Stat. 364; Aug. 2, 1956, ch. 892, 70 Stat. 954; Aug. 27, 1958, Pub. L. 85–771, § 3, 72 Stat. 929, made reservation of certain lands for educational purposes, covered disposition of proceeds or income derived from reserved lands, and set out exclusion of certain lands.
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Federal law — U.S. Code and appendices · legal_authorities
Where settlements with a view to preemption or homestead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections or either of them have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State in which they lie, other lands of equal acreage are hereby appropriated and granted, and may be selected, in accordance with the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), by said State, in lieu of such as may be thus taken by preemption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted and may be selected, in accordance with the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), by said State where sections sixteen or thirty-six are, before title could pass to the State, included within any Indian, military, or other reservation, or are, before title could pass to the State, otherwise disposed of by the United States: Provided, That the selection of any lands under this section in lieu of sections granted or reserved to a State shall be a waiver by the State of its right to the granted or reserved sections. And other lands of equal acreage are also appropriated and granted, and may be selected, in accordance with the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), by said State to compensate deficiencies for school purposes, where
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) There is hereby established the Morley Nelson Snake River Birds of Prey National Conservation Area.
(2) The purposes for which the conservation area is established, and shall be managed, are to provide for the conservation, protection, and enhancement of raptor populations and habitats and the natural and environmental resources and values associated therewith, and of the scientific, cultural, and educational resources and values of the public lands in the conservation area.
(3) Subject to the provisions of subsection (d) of this section and [section 460iii–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460iii-3&num=0&edition=prelim), uses of the public lands in the conservation area existing on August 4, 1993, shall be allowed to continue.
**(b) Area included** The conservation area shall consist of approximately 482,457 acres of federally owned lands and interests therein managed by the Bureau of Land Management as generally depicted on the map entitled “Snake River Birds of Prey National Conservation Area”, dated November 1991.
**(c) Map and legal description** As soon as is practicable after August 4, 1993, the map referred to in subsection (b) and a legal description of the conservation area shall be filed by the Secretary with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Each such map shall have the same force and effect as if included in this subchapter; except that the Secretary may correct clerical and typographical errors in such map and legal description. Each such map shall be on file and available for public inspection in the office of the Director and the Idaho State Director of the Bureau of Land
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) School lands settlement**
(1) In full and final settlement of any and all claims by the State of Alaska arising under the Act of March 4, 1915 (38 Stat. 1214), as confirmed and transferred in section 6(k) of the Alaska Statehood Act, the State is hereby granted seventy-five thousand acres which it shall be entitled to select until January 4, 1994, from vacant, unappropriated, and unreserved public lands. In exercising the selection rights granted herein, the State shall be deemed to have relinquished all claims to any right, title, or interest to any school lands which failed to vest under the above statutes at the time Alaska became a State (January 3, 1959), including lands unsurveyed on that date or surveyed lands which were within Federal reservations or withdrawals on that date.
(2) Except as provided herein, such selections shall be made in conformance with the provisions for selections under section 6(b) of the Alaska Statehood Act. Selections made under this subsection shall be in units of whole sections as shown on the official survey plats of the Bureau of Land Management, including protraction diagrams, unless part of the section is unavailable or the land is otherwise surveyed, or unless the Secretary waives the whole section requirement.
(3) Lands selected and conveyed to the State under this subsection shall be subject to the provisions of subsections (j) and (k) of section 6 of the Alaska Statehood Act.
**(c) Prior tentative approvals**
(1) All tentative approvals of State of Alaska land selections pursuant to the Alaska Statehood Act are hereby confirmed, subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=gran
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Optional procedure** The provisions of this section shall be applicable only to the conveyance of Federal lands described herein to a Native Corporation which within one hundred and eighty days after December 2, 1980, or the date of eligibility determination, whichever is later, files a document with the Secretary setting forth its election to receive conveyance pursuant to this section.
**(b) “Core” townships, etc.**
(1)
(A) Except to the extent that conveyance of a surface estate would be inconsistent with section 12(a), 14(a), 14(b), or 22(l) of the Alaska Native Claims Settlement Act [[43 U.S.C. 1611(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1611/a&num=0&edition=prelim), 1613(a), 1613(b), or 1621(l)], subject to valid existing rights and [section 1633(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1633/a&num=0&edition=prelim), there is hereby conveyed to and vested in each Village Corporation for a Native Village which is determined by the Secretary to be eligible for land under section 11 or 16 of the Alaska Native Claims Settlement Act [[43 U.S.C. 1610](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim) or 1615] and which did not elect to acquire a former reserve under section 19(b) of such Act [[43 U.S.C. 1618(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1618/b&num=0&edition=prelim)], all of the right, title, and interest of the United States in and to the surface estate in the public lands, as defined in such Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], in the township or townships withdrawn pu
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 353a, act May 31, 1938, ch. 304, 52 Stat. 593, which authorized Secretary of the Interior to reserve tracts in Alaska for school, hospitals, etc. for the Indians, Eskimos, and Aleuts of Alaska, was transferred to [section 497 of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section497&num=0&edition=prelim), Indians, and was subsequently repealed by Pub. L. 94–579, § 704(a), Oct. 21, 1976, 90 Stat. 2792.
Section 354, act Mar. 4, 1915, ch. 181, § 2, 38 Stat. 1215, which set aside a site for an agricultural college and school of mines, is set out as note under [section 852 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), Public Lands.
Section 354a, acts Jan. 21, 1929, ch. 92, §§ 1–7, 45 Stat. 1091–1093; July 12, 1960, Pub. L. 86–620, 74 Stat. 408, which made additional grants for an agricultural college and school of mines and imposed certain conditions and limitations, is set out as a note under [section 852 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim).
Section 355, act Mar. 3, 1891, ch. 561, § 11, 26 Stat. 1099, which permitted lands to be entered for town-site purposes and set out the requirements for the proper execution of the trust created thereby, was transferred to [section 732 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section732&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 355a, act May 25, 1926, ch. 379, § 1, 44 Stat. 629, which authorized town-site trustee to issue a deed setting aside lands on survey of town site for Indian or Eski
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Federal law — U.S. Code and appendices · legal_authorities
Page 262
TITLE 43—PUBLIC LANDS
§ 851
Sec.
853.
Selections in Utah to supply deficiencies of
school lands.
854.
Selections in New Mexico to supply defi-
ciencies of school lands.
855.
Omitted.
856.
Selection of school lands on ceded Indian res-
ervations.
857.
Grant to new States.
858.
Grants to counties for seats of justice.
859.
Fee simple to pass in all grants.
860.
Repealed.
861.
Preference right of selection granted certain
Western States; bona fide settlers.
862.
Omitted.
863.
Survey of lands granted to certain Western
States.
864.
Survey of land grants to Florida.
865.
Confirmation of certain lands selected by
California.
866.
Exchange of cut over land in Montana.
867.
Omitted.
868.
Representation of Indian claimants in suits
to determine right to school lands.
869.
Disposal of lands for public or recreational
purposes.
869–1.
Sale or lease to State or nonprofit organiza-
tion; reservation of mineral deposits; termi-
nation of lease for nonuse.
869–2.
Conditions of transfer by grantee; solid waste
disposal.
869–3.
Authority for transfers; applicability of sec-
tion 869–2 to prior patents; termination of
restrictions.
869–4.
Disposition of moneys received from or on ac-
count of revested Oregon and California
Railroad grant lands or reconveyed Coos
Bay Wagon Road grant lands.
869a.
Repealed.
870.
Grants of land in aid of common or public
schools; extension to those mineral in char-
acter; effect of leases.
871.
Certain grants and laws unaffected.
871a.
Repealed.
872.
Conveyances to United States in connection
with applications for amendment of pat-
ented entries or for exchange of land, etc.;
withdrawal or rejection of applications; re-
conveyances.
873.
Lands granted for erecting public buildings;
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 852
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