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43 U.S.C. § 1068 — Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior (a) shall, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for more than twenty years, and that valuable improvements have been placed on such land or some part thereof has been reduced to cultivation, or (b) may, in his discretion, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901, to the date of application during which time they have paid taxes levied on the land by State and local governmental units, issue a patent for not to exceed one hundred and sixty acres of such land upon the payment of not less than $1.25 per acre: Provided, That where the area so held is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres, may be patented hereunder: Provided further, That coal and all other minerals contained therein are reserved to the United States; that said coal and other minerals shall be subject to sale or disposal by the United States under applicable leasing and mineral land laws, and permittees, lessees, or grantees of the United States shall have the right to enter upon said lands for the purpose of prospecting for and mining such deposits: And provided further, That no patent shall issue under the provisions of this chapter for any tract to which there is a conflicting claim adverse to that of the applicant, unless and until such claim shall have been finally adjudicated
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Stable record: federal_law:legal_authorities:record_usc_b8bef358cf3133c2c2ed5ac5
Source file: Laws/federal/codes/united-states-code/title-43/section-1068-lands-held-in-adverse-possession-issuance-of-patent-reservation-of-miner--7348aa7ca0.md
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Source location: Title 43, Chapter 25A, § 1068; chapter-25a-lands-held-under-color-of-title.md
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The Secretary of the Interior (a) shall, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for more than twenty years, and that valuable improvements have been placed on such land or some part thereof has been reduced to cultivation, or (b) may, in his discretion, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901, to the date of application during which time they have paid taxes levied on the land by State and local governmental units, issue a patent for not to exceed one hundred and sixty acres of such land upon the payment of not less than $1.25 per acre: Provided, That where the area so held is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres, may be patented hereunder: Provided further, That coal and all other minerals contained therein are reserved to the United States; that said coal and other minerals shall be subject to sale or disposal by the United States under applicable leasing and mineral land laws, and permittees, lessees, or grantees of the United States shall have the right to enter upon said lands for the purpose of prospecting for and mining such deposits: And provided further, That no patent shall issue under the provisions of this chapter for any tract to which there is a conflicting claim adverse to that of the applicant, unless and until such claim shall have been finally adjudicated in favor of such applicant.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unsurveyed islands; authorization and limitations on authority** The Secretary is authorized to convey to States or their political subdivisions under the Recreation and Public Purposes Act (44 Stat. 741 as amended; [43 U.S.C. 869](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869&num=0&edition=prelim) et seq.), as amended, but without regard to the acreage limitations contained therein, unsurveyed islands determined by the Secretary to be public lands of the United States. The conveyance of any such island may be made without survey: Provided, however, That such island may be surveyed at the request of the applicant State or its political subdivision if such State or subdivision donates money or services to the Secretary for such survey, the Secretary accepts such money or services, and such services are conducted pursuant to criteria established by the Director of the Bureau of Land Management. Any such island so surveyed shall not be conveyed without approval of such survey by the Secretary prior to the conveyance.
**(b) Omitted lands; authorization and limitations on authority**
(1) The Secretary is authorized to convey to States and their political subdivisions under the Recreation and Public Purposes Act [[43 U.S.C. 869](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869&num=0&edition=prelim) to 869–4], but without regard to the acreage limitations contained therein, lands other than islands determined by him after survey to be public lands of the United States erroneously or fraudulently omitted from the original surveys (hereinafter referred to as “omitted lands”). Any such conveyance shall not be made without a survey: Provided, That the prospective recipient may donate money or services to the
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Federal law — U.S. Code and appendices · legal_authorities
Page 310
TITLE 43—PUBLIC LANDS
§ 1068
(Feb. 25, 1885, ch. 149, § 6, 23 Stat. 322.)
CHAPTER 25A—LANDS HELD UNDER COLOR
OF TITLE
Sec.
1068.
Lands held in adverse possession; issuance of
patent; reservation of minerals; conflicting
claims.
1068a.
Appraisal.
1068b.
Mineral reservation.
§ 1068.
Lands
held
in
adverse
possession;
issuance of patent; reservation of minerals;
conflicting claims
The Secretary of the Interior (a) shall, when-
ever it shall be shown to his satisfaction that a
tract of public land has been held in good faith
and in peaceful, adverse, possession by a claim-
ant, his ancestors or grantors, under claim or
color of title for more than twenty years, and
that valuable improvements have been placed on
such land or some part thereof has been reduced
to cultivation, or (b) may, in his discretion,
whenever it shall be shown to his satisfaction
that a tract of public land has been held in good
faith and in peaceful, adverse, possession by a
claimant, his ancestors or grantors, under claim
or color of title for the period commencing not
later than January 1, 1901, to the date of appli-
cation during which time they have paid taxes
levied on the land by State and local govern-
mental units, issue a patent for not to exceed
one hundred and sixty acres of such land upon
the payment of not less than $1.25 per acre: Pro-
vided, That where the area so held is in excess of
one hundred and sixty acres the Secretary may
determine what particular subdivisions, not ex-
ceeding one hundred and sixty acres, may be
patented hereunder: Provided further, That coal
and all other minerals contained therein are re-
served to the United States; that said coal and
other minerals shall be subject to sale or dis-
posal by the United States under
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