43 U.S.C. § 852 — Selections to supply deficiencies of school

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 Repealed. 861.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 Repealed. 870.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 Repealed. 872.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; purpose of grant. § 851. Deficiencies in grants to State by reason of settlements, etc., on designated sections gen- erally 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 sub- ject 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 ap- propriated and granted, and may be selected, in accordance with the provisions of section 852 of this title, by said State, in lieu of such as may be thus taken by preemption or homestead set- tlers. And other lands of equal acreage are also hereby appropriated and granted and may be se- lected, in accordance with the provisions of sec- tion 852 of this title, by said State where sec- tions 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 se- lection 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 provi- sions of section 852 of this title, by said State to compensate deficiencies for school purposes, where sections sixteen or thirty-six are frac- tional in quantity, or where one or both are wanting by reason of the township being frac- tional, or from any natural cause whatever. And it shall be the duty of the Secretary of the Inte- rior, without awaiting the extension of the pub- lic surveys, to ascertain and determine, by pro- traction or otherwise, the number of townships that will be included within such Indian, mili- tary, or other reservations, and thereupon the State shall be entitled to select indemnity lands to the extent of section for section in lieu of sec- tions therein which have been or shall be grant- ed, reserved, or pledged; but such selections may not be made within the boundaries of said res- ervation: Provided, however, That nothing in this section contained shall prevent any State from awaiting the extinguishment of any such mili- tary, Indian, or other reservation and the res- toration of the lands therein embraced to the public domain and then taking the sections six- teen and thirty-six in place therein. (R.S. § 2275; Feb. 28, 1891, ch. 384, 26 Stat. 796; Pub. L. 85–771, § 1, Aug. 27, 1958, 72 Stat. 928; Pub. L. 89–470, § 1, June 24, 1966, 80 Stat. 220.) Editorial Notes CODIFICATION R.S. § 2275 derived from acts Feb. 26, 1859, ch. 58, 11 Stat. 385; June 22, 1874, ch. 422, 18 Stat. 202. AMENDMENTS 1966—Pub. L. 89–470 struck out ‘‘or Territory’’ after ‘‘State’’ in eight places and substituted ‘‘before title could pass to the State’’ for ‘‘prior to survey’’ in two places. 1958—Pub. L. 85–771 inserted ‘‘in accordance with the provisions of section 852 of this title’’ and ‘‘prior to sur- vey’’, wherever appearing; substituted ‘‘That the selec- tion of any lands under this section in lieu of sections granted or reserved to a State or Territory shall be a waiver by the State or Territory of its right to the granted or reserved sections.’’ for ‘‘Where any State is entitled to said sections 16 and 36, or where said sec- tions are reserved to any Territory, notwithstanding the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections.’’; sub- stituted ‘‘section for section in lieu of sections therein which have been or shall be granted, reserved, or pledged’’ for ‘‘two sections for each of said townships, in lieu of sections 16 and 36 therein’’; struck out from last extinguishment proviso ‘‘but nothing in this pro- viso shall be construed as conferring any right not in this section existing prior to February 28, 1891’’, and otherwise amended section generally. § 852. Selections to supply deficiencies of school lands (a) Restrictions The lands appropriated by section 851 of this title shall be selected from any unappropriated, Page 263 TITLE 43—PUBLIC LANDS § 852 1 See References in Text note below. 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 se- lected by a State except to the extent that the selection is being made as indemnity for min- eral lands lost to the State because of appro- priation 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 struc- ture 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 pro- ducible status, subject, however, to the re- strictions and conditions of the preceding and following paragraphs of this subsection. (4) If a selection is consummated as to a por- tion but not all of the lands subject to any mineral lease or permit, then, as to such por- tion and for so long only as such lease or per- mit or any lease issued pursuant to such per- mit shall remain in effect, there shall be auto- matically reserved to the United States the mineral or minerals for which the lease or per- mit 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 ap- proval of the selection the Secretary of the In- terior shall determine what portion of any rents and royalties accruing thereafter which may be paid under the lease or permit is prop- erly applicable to that portion of the land sub- ject to the lease or permit selected by the State, the portion applicable being determined by applying to the sum of the rents and royal- ties 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 per- mit or if, where the selecting State has pre- viously acquired title to a portion of the lands subject to a mineral lease or permit, a selec- tion 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 cov- ered thereby, subject, however, to all obliga- tions of the United States under and with re- spect to that lease or permit. (b) Adjustments Where the selections are to compensate for de- ficiencies of school lands in fractional town- ships, such selections shall be made in accord- ance with the following principles of adjust- ment, 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 town- ship, one-half section; and for a fractional town- ship containing a greater quantity of land than one entire section, and not more than one-quar- ter 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 town- ships. (c) Preference rights for State Notwithstanding the provisions of section 282 1 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 situ- ated 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 equi- table claims subject to allowance and confirma- tion, 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; deter- mination of mineral character of land (1) The term ‘‘unappropriated public lands’’ as used in this section shall include, without other- wise affecting the meaning thereof, lands with- drawn 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 selec- tion; 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 applica- tion for selection and upon the basis of the best evidence available at that time. (R.S. § 2276; Feb. 28, 1891, ch. 384, 26 Stat. 797; Pub. L. 85–771, § 2, Aug. 27, 1958, 72 Stat. 928; Pub. L. 86–786, §§ 1, 2, Sept. 14, 1960, 74 Stat. 1024; Pub. L. 89–470, § 2, June 24, 1966, 80 Stat. 220.) Page 264 TITLE 43—PUBLIC LANDS § 852 Editorial Notes REFERENCES IN TEXT Section 282 of this title, referred to in subsec. (c), was repealed by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787. Date of approval of this Act, referred to in subsec. (c), probably means date of approval of Pub. L. 85–771, which was Aug. 27, 1958. CODIFICATION R.S. § 2276 derived from acts May 20, 1826, ch. 83, § 1, 4 Stat. 179; Feb. 26, 1859, ch. 58, 11 Stat. 385; June 22, 1874, ch. 422, 18 Stat. 202. AMENDMENTS 1966—Pub. L. 89–470 struck out ‘‘or Territory’’ after ‘‘State’’ once in subsec. (a), twice in subsec. (a)(1), and once each in subsecs. (a)(2), (c), and (d)(2), and ‘‘or Ter- ritories’’ after ‘‘States’’ in subsec. (b); substituted ‘‘be- fore title could pass to the State’’ for ‘‘prior to survey’’ in subsec. (a)(1) and (2); and inserted ‘‘or unsurveyed’’ after ‘‘surveyed’’ in subsec. (a). 1960—Subsec. (a). Pub. L. 86–786, § 1, substituted ‘‘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 fol- lowing paragraphs of this subsection’’ for ‘‘, but only if all of the lands subject to that lease or permit are se- lected and if none of the lands subject to that lease or permit are in a producing or producible status; where lands subject to a mineral lease or permit are selected, the State or Territory shall succeed to the position of the United States thereunder’’, in par. (3), and added pars. (4) and (5). Subsec. (d)(1). Pub. L. 86–786, § 2, included interest of United States in lands which have been disposed of with a reservation to United States of all minerals. 1958—Pub. L. 85–771 designated introductory clause as subsec. (a) and added restrictions (1) to (3) thereto; des- ignated remainder as subsec. (b) and added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries UNIVERSITY OF ALASKA; GRANTEE OF LANDS, IMPROVE- MENTS, AND PERSONAL PROPERTY OF ALASKA AGRI- CULTURAL EXPERIMENT STATION Pub. L. 102–415, § 9, Oct. 14, 1992, 106 Stat. 2114, pro- vided that: ‘‘Notwithstanding any other provision of law, the Secretary of the Interior shall convey to the University of Alaska, by quitclaim deed and without consideration, all the right, title, and interest of the United States in and to— ‘‘(1) the lands of the University of Alaska Agricul- tural Experiment Station, consisting of approxi- mately 16 acres, including improvements on the lands, located at Palmer and Matanuska, Alaska; and ‘‘(2) the lands of the University of Alaska Fur Farm Experiment Station, consisting of approximately 37 acres, including improvements on the lands, located at Petersburg, Alaska, subject to the terms of— ‘‘(A) the lease between the Forest Service and the University of Alaska dated March 29, 1978; and ‘‘(B) the agreement between the parties listed in subparagraph (A) dated March 2, 1983.’’ Pub. L. 89–620, Oct. 4, 1966, 80 Stat. 871, authorized the Secretary of Agriculture to convey by quitclaim deed and without consideration to the University of Alaska for public purposes all the right, title, and interest of the United States in and to the lands of the Alaska Ag- ricultural Experiment Station, including improve- ments thereon, and such personal property as may be designated, located at Palmer and Matanuska, Alaska. UNIVERSITY OF ALASKA; ADDITIONAL LAND GRANT FOR AGRICULTURAL COLLEGE AND SCHOOL OF MINES; CON- DITIONS AND LIMITATION Pub. L. 108–452, title I, § 105(a), Dec. 10, 2004, 118 Stat. 3579, provided that: ‘‘As of January 1, 2003, the remain- ing State entitlement for the benefit of the University of Alaska under the Act of January 21, 1929 (45 Stat. 1091, chapter 92) [set out below], is 456 acres.’’ Act Jan. 21, 1929, ch. 92, 45 Stat. 1091, as amended July 12, 1960, Pub. L. 86–620, 74 Stat. 408; Sept. 19, 1966, Pub. L. 89–588, 80 Stat. 811; Pub. L. 108–452, title I, § 105(b), Dec. 10, 2004, 118 Stat. 3579, provided: ‘‘That in addition to the provision made by the Act of Congress approved March 4, 1915 (thirty-eighth Statutes at Large, page 1214 [classified to section 353 of Title 48, Territories and Insular Possessions, and provisions set out in the Site for Agricultural College and School of Mines note below], for the use and benefit of the Agricultural Col- lege and School of Mines, there is granted to the State of Alaska, for the exclusive use and benefit of the Agri- cultural College and School of Mines, one hundred thousand acres of vacant nonmineral surveyed unre- served public lands in the State of Alaska, to be se- lected, under the direction and subject to the approval of the Secretary of the Interior, by the State, and sub- ject to the following conditions and limitations: ‘‘SEC. 2. That the college and school provided for in this act shall forever remain under the exclusive con- trol of the said State, and no part of the proceeds aris- ing from the sale or disposal of any lands granted here- in shall be used for the support of any sectarian or de- nominational college or school. ‘‘SEC. 3. (a) The State of Alaska (referred to in this Act as the ‘State’), acting on behalf of, and with the ap- proval of, the University of Alaska, may select— ‘‘(1) any mineral interest (including an interest in oil or gas) in land located in the State, the unre- served portion of which is owned by the University of Alaska; or ‘‘(2) any reversionary interest held by the United States in land located in the State, the unreserved portion of which is owned by the University of Alas- ka. ‘‘(b) The total acreage of any parcel of land for which a partial interest is conveyed under subsection (a) shall be charged against the remaining entitlement of the State under this Act. ‘‘(c) In taking title to a reversionary interest, the State, with the approval of the University of Alaska, waives all right to any future acreage credit if the re- version does not occur. ‘‘SEC. 4. The Secretary may survey any vacant, unap- propriated, and unreserved land in the State for pur- poses of allowing selections under this Act. ‘‘SEC. 5. The authorized outstanding selections under this Act shall be not more than— ‘‘(1) 125 percent of the remaining entitlement; plus ‘‘(2) the number of acres of land that are in conflict with land owned by the University of Alaska, as iden- tified in Native allotment applications on record with the Bureau of Land Management.’’ UNIVERSITY OF ALASKA; SITE FOR AGRICULTURAL COLLEGE AND SCHOOL OF MINES Act Mar. 4, 1915, ch. 181, § 2, 38 Stat. 1215, provided: ‘‘That section numbered 6 in township numbered one south of the Fairbanks base line and range numbered one west of the Fairbanks meridian; section numbered thirty-one, in township numbered one north of the Fairbanks base line and range numbered one west of the Fairbanks meridian; section numbered one, in township numbered one south of the Fairbanks base line and range numbered two west of the Fairbanks me- ridian; and section numbered thirty-six, in township numbered one north of the Fairbanks base line and range numbered two west of the Fairbanks meridian, are granted to the Territory of Alaska, but with the ex- press condition that they shall be forever reserved and dedicated to use as a site for an agricultural college and school of mines: Provided, That nothing in this Act [classified to section 353 of Title 48, Territories and In- sular Possessions, and set out in this note] shall be held to interfere with or destroy any legal claim of any per- son or corporation to any part of said lands under the homestead [law, chapter 7 of this title.] or other law for Page 265 TITLE 43—PUBLIC LANDS § 857 the disposal of the public lands acquired prior to the approval of this Act [Mar. 4, 1915]: Provided further, That so much of the said land as is now [Mar. 4, 1915] used by the Government of the United States as an ag- ricultural experiment station may continue to be used for such purpose until abandoned for that use by an order of the President of the United States or by Act of Congress.’’ § 852a. Applications for unsurveyed lands; regu- lations; acreage requirements The Secretary of the Interior may issue regu- lations governing applications for unsurveyed lands. If he establishes any minimum acreage requirements, they shall provide for selection of tracts of reasonable size, taking into consider- ation location, terrain, and adjacent land owner- ship and uses. (Pub. L. 89–470, § 3, June 24, 1966, 80 Stat. 220.) § 852b. Survey of lands prior to transfer; time for survey; availability of funds; lands suitable for transfer Prior to issuance of an instrument of transfer, lands must be surveyed. The Secretary of the In- terior shall within five years, subject to the availability of funds, survey the exterior bound- aries of lands approved as suitable for transfer to the State. (Pub. L. 89–470, § 4, June 24, 1966, 80 Stat. 220.) § 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 appli- cable 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 accord- ance with the provisions of said sections, any- thing in the Act approved July 16, 1894, pro- viding 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 thir- ty-sixth sections’’ occur the same shall read: ‘‘second, sixteenth, thirty-second, and thirty- sixth sections’’, and wherever the words ‘‘sec- tions 16 or 36’’ occur the same shall read: ‘‘sec- tions 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.) Editorial Notes REFERENCES IN 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. § 854. Selections in New Mexico to supply defi- ciencies 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 notwith- standing. (Mar. 16, 1908, ch. 88, 35 Stat. 44.) Editorial Notes REFERENCES IN 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 super- seded 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. § 855. Omitted Editorial Notes CODIFICATION Section, act Mar. 2, 1923, ch. 184, 42 Stat. 1429, author- ized 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. § 856. Selection of school lands on ceded Indian reservations Any State or Territory entitled to indemnity school lands or entitled to select lands for edu- cational purposes under law existing prior to March 2, 1895, may select such lands within the boundaries of any Indian reservation in such State or Territory from the surplus lands there- of, purchased by the United States after allot- ments have been made to the Indians of such reservation, and prior to the opening of such res- ervation to settlement. (Mar. 2, 1895, ch. 188, § 1, 28 Stat. 899.) § 857. Grant to new States There is granted, for purposes of internal im- provement, to each new State admitted into the Union, after September 4, 1841, upon such admis- sion, so much public land as, including the quan- tity that was granted to such State before its admission and while under a territorial govern- ment, will make five hundred thousand acres. The selections of lands, granted in this sec- tion, shall be made within the limits of each State so admitted into the Union, in such man- ner 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 loca- tions 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.)