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43 U.S.C. § 851 — Deficiencies in grants to State by reason of settlements, etc., on designated sections generally
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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Source file: Laws/federal/codes/united-states-code/title-43/section-851-deficiencies-in-grants-to-state-by-reason-of-settlements-etc-on-designat--85ed70d449.md
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Source location: Title 43, Chapter 20, § 851; chapter-020-reservations-and-grants-to-states-for-public-purposes.md
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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 sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever. And it shall be the duty of the Secretary of the Interior, without awaiting the extension of the public surveys, to ascertain and determine, by protraction or otherwise, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State shall be entitled to select indemnity lands to the extent of section for section in lieu of sections therein which have been or shall be granted, reserved, or pledged; but such selections may not be made within the boundaries of said reservation: Provided, however, That nothing in this section contained shall prevent any State from awaiting the extinguishment of any such military, Indian, or other reservation and the restoration of the lands therein embraced to the public domain and then taking the sections sixteen and thirty-six in place therein.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 852
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460iii–2
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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. § 851
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