43 U.S.C. § 869a — Repealed. Pub. L. 86–66, § 1, June 23, 1959,

Page 273 TITLE 43—PUBLIC LANDS § 869a 1 See References in Text note below. issued pursuant to this paragraph shall not con- tain a reverter provision and the lands covered by such patent shall not under any cir- cumstances revert to the United States by oper- ation of law after the issuance of such patent and shall not be subject to the provisions of sub- section (a) of this section. (June 14, 1926, ch. 578, § 3, as added June 4, 1954, ch. 263, 68 Stat. 175; amended Pub. L. 86–292, § 2, Sept. 21, 1959, 73 Stat. 571; Pub. L. 100–648, § 2, Nov. 10, 1988, 102 Stat. 3813.) Editorial Notes REFERENCES IN TEXT The Comprehensive Environmental Response, Com- pensation, and Liability Act, referred to in subsec. (b)(7), probably means the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables. PRIOR PROVISIONS Prior provisions on the subject of reverter were for- merly contained in section 869 of this title. See 1954 Amendment note set out under that section. Those prior provisions permanently restricted the lands con- veyed to a single use, and did not provide, as in this section, for transfer by the original grantee or its suc- cessor. AMENDMENTS 1988—Pub. L. 100–648 designated existing provision as subsec. (a) and added subsecs. (b) and (c). 1959—Pub. L. 86–292 struck out sentence which pro- vided that this section should cease to be in effect as to any lands patented under sections 869 to 869–4 of this title twenty-five years after the issuance of patent for such lands. Statutory Notes and Related Subsidiaries SAVINGS PROVISIONS Pub. L. 100–648, § 3, Nov. 10, 1988, 102 Stat. 3815, pro- vided that: ‘‘Nothing in this Act [amending section 869–2 of this title and enacting provisions set out as notes under sections 869 and 869–2 of this title] or the amendments made thereby shall be construed to affect the applicability and operation of the Comprehensive Environmental Response, Compensation[,] and Liabil- ity Act [of 1980] (42 U.S.C. 9601 et seq.) as amended, and the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.), as amended.’’ CONGRESSIONAL REVIEW OF CONVEYANCE OF LAND OR RENUNCIATION OF REVERSIONARY INTERESTS Pub. L. 100–648, § 4, Nov. 10, 1988, 102 Stat. 3815, pro- vided that: ‘‘(a) The Secretary shall not make any conveyance of land or renunciation of reversionary interests under this Act [amending section 869–2 of this title and enact- ing provisions set out as notes under sections 869 and 869–2 of this title] until he has published in the Federal Register regulations implementing this Act and until sixty days (not counting days on which the House of Representatives or the Senate has adjourned for more than three days) after these regulations have been sub- mitted to the Committee on Energy and Natural Re- sources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives. [Implementing regulations were published in the Fed- eral Register July 23, 1992, 57 F.R. 32730.] ‘‘(b) During the first three years after enactment of this Act [Nov. 10, 1988] the Secretary shall not make any conveyance of land or renunciation of reversionary interests under this Act until thirty days (not counting days on which the House of Representatives or the Sen- ate has adjourned for more than three days) after no- tice of intention to do so has been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Af- fairs of the House of Representatives.’’ § 869–3. Authority for transfers; applicability of section 869–2 to prior patents; termination of restrictions The Secretary may authorize transfers of title or changes in use in accordance with the provi- sions of section 869–2 of this title with respect to any patent heretofore issued under any Act upon application by a patentee qualified to obtain a conveyance under section 869–1(a) or 869–1(c) of this title. If the Secretary, pursuant to such an application, authorizes such transfer or use, all reverter provisions and other limitations on transfer or use, under sections 869 to 869–4 of this title or any other Act affecting the lands involved, shall cease to be in effect twenty-five years after the Secretary authorizes the transfer or use for a changed or additional purpose under the provisions of this section. (June 14, 1926, ch. 578, § 4, as added June 4, 1954, ch. 263, 68 Stat. 175.) § 869–4. Disposition of moneys received from or on account of revested Oregon and Cali- fornia Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands All moneys received from or on account of any revested Oregon and California Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands under sections 869 to 869–4 of this title shall be deposited respectively in the Oregon and California land-grant fund and the Coos Bay Wagon Road grant fund, and shall be applied in the manner prescribed respectively by title II of the Act of August 28, 1937 (50 Stat. 875), as amended (43 U.S.C. 1181f),1 and by subchapter II of chapter 44 of this title. (June 14, 1926, ch. 578, § 6, as added Pub. L. 86–66, § 3, June 23, 1959, 73 Stat. 111.) Editorial Notes REFERENCES IN TEXT Act of August 28, 1937, referred to in text, is act Aug. 28, 1937, ch. 876, 50 Stat. 874. Title II of the Act enacted section 2605 of this title (formerly classified to section 1181f of this title), repealed section 1174 of this title, and enacted provisions set out as a note under section 2601 of this title. For complete classification of this Act to the Code, see Tables. § 869a. Repealed. Pub. L. 86–66, § 1, June 23, 1959, 73 Stat. 110 Section, act Apr. 13, 1928, ch. 370, §§ 1, 2, 45 Stat. 429, extended provisions of section 869 of this title to former Oregon and California Railroad grant lands revested in the United States and to former Coos Bay Wagon Road grant lands reconveyed to the United States. Page 274 TITLE 43—PUBLIC LANDS § 870 1 See References in Text note below. § 870. Grants of land in aid of common or public schools; extension to those mineral in char- acter; effect of leases Subject to the provisions of subsections (a), (b), and (c) of this section, the several grants to the States of numbered sections in place for the support or in aid of common or public schools be, and they are, extended to embrace numbered school sections mineral in character, unless land has been granted to and/or selected by and cer- tified or approved, to any such State or States as indemnity or in lieu of any land so granted by numbered sections. (a) The grant of numbered mineral sections under this section shall be of the same effect as prior grants for the numbered nonmineral sec- tions, and titles to such numbered mineral sec- tions shall vest in the States at the time and in the manner and be subject to all the rights of adverse parties recognized by existing law in the grants of numbered nonmineral sections. (b) The additional grant made by this section is upon the express condition that all sales, grants, deeds, or patents for any of the lands so granted shall hereafter be subject to and contain a reservation to the State of all the coal and other minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. The coal and other mineral deposits in such lands not heretofore disposed of by the State shall be subject to lease by the State as the State legis- lature may direct, the proceeds and rentals and royalties therefrom to be utilized for the sup- port or in aid of the common or public schools: Provided, That any lands or minerals hereafter disposed of contrary to the provisions of this section shall be forfeited to the United States by appropriate proceedings instituted by the Attor- ney General for that purpose in the United States district court for the district in which the property or some part thereof is located. (c) Except as provided in subsection (d), any lands included within the limits of existing res- ervations of or by the United States, or specifi- cally reserved for water-power purposes, or in- cluded in any pending suit or proceeding in the courts of the United States, or subject to or in- cluded in any valid application, claim, or right initiated or held under any of the existing laws of the United States, unless or until such res- ervation, application, claim, or right is extin- guished, relinquished, or canceled, and all lands in the Territory of Alaska, are excluded from the provisions of this section. (d)(1) Notwithstanding subsection (c), the fact that there is outstanding on any numbered school section, whether or not mineral in char- acter, at the time of its survey a mineral lease or leases entered into by the United States, or an application therefor, shall not prevent the grant of such numbered school section to the State concerned as provided by this section and section 871 of this title. (2) Any such numbered school section which has been surveyed prior to July 11, 1956, and which has not been granted to the State con- cerned solely by reason of the fact that there was outstanding on it at the time of the survey a mineral lease or leases entered into by the United States, or an application therefor, is hereby granted by the United States to such State under this section as if it had not been so leased; and the State shall succeed the position of the United States as lessor under such lease or leases. (3) Any such numbered school section which is surveyed on or after July 11, 1956, and on which there is outstanding at the time of such survey a mineral lease or leases entered into by the United States, shall (unless excluded from the provisions of this section by subsection (c) for a reason other than the existence of an out- standing lease) be granted to the State con- cerned immediately upon completion of such survey; and the State shall succeed to the posi- tion of the United States as lessor under such lease or leases. (4) The Secretary of the Interior shall, upon application by a State, issue patents to the State for the lands granted by this section and section 871 of this title, in accordance with sec- tion 871a 1 of this title. Such patent shall, if the lease is then outstanding, include a statement that the State succeeded to the position of the United States as lessor at the time the title vested in the State. (5) Where at the time rents, royalties, and bo- nuses accrue the lands or deposits covered by a single lease are owned in part by the State and in part by the United States, the rents, royal- ties, and bonuses shall be allocated between them in proportion to the acreage in said lease owned by each. (6) As used in this subsection, ‘‘lease’’ includes ‘‘permit’’ and ‘‘lessor’’ includes ‘‘grantor’’. (Jan. 25, 1927, ch. 57, § 1, 44 Stat. 1026; May 2, 1932, ch. 151, § 1, 47 Stat. 140; Apr. 22, 1954, ch. 169, 68 Stat. 57; July 11, 1956, ch. 572, 70 Stat. 529.) Editorial Notes REFERENCES IN TEXT Section 871a of this title, referred to in subsec. (d)(4), was repealed by Pub. L. 94–579, title VII, § 705(a), Oct. 21, 1976, 90 Stat. 2792. AMENDMENTS 1956—Subsec. (d). Act July 11, 1956, provided that numbered school sections under mineral leases may be granted to a State, whether or not the sections are mineral in character, and added subpar. (6). 1954—Subsec. (c). Act Apr. 22, 1954, § 2, substituted ‘‘Except as provided in subsection (d), any’’ for ‘‘any’’. Subsec. (d). Act Apr. 22, 1954, § 1, added subsec. (d). 1932—Subsec. (b). Act May 2, 1932, inserted ‘‘here- after’’ in two places and ‘‘not heretofore disposed of by the State’’ after ‘‘mineral deposits in such lands’’. Subsec. (c). Act May 2, 1932, inserted ‘‘reservation’’ before ‘‘application’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1932 AMENDMENT Act May 2, 1932, ch. 151, § 2, 47 Stat. 141, provided that: ‘‘This amendatory Act [amending this section] shall take effect as of January 25, 1927; and in any case in which a State has selected lieu lands since such date under the Act approved February 28, 1891 (26 Stat. 796) [sections 851 and 852 of this title], and still retains title thereto, such State may, within ninety days after the