43 U.S.C. § 863 — Survey of lands granted to certain Western States
submitted 132 years ago by ch. 301 to r/title-43-PUBLIC-LANDS · 468 words · no verdicts yet
Certain Western States may request surveys of unsurveyed public land to satisfy their land grants and receive a temporary selection preference. The State must publish notice, and unselected land later returns to disposal under general law.
Washington, Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming may ask the Secretary of the Interior or a designee to survey unsurveyed public-land townships in surveying districts, to satisfy the full amount promised by their admission Acts. The Secretary must immediately notify the designated surveying official, who must conduct the survey as for other public lands. Surveyed lands are reserved from adverse settlement or other appropriation, except earlier rights, from the application until 60 days after the township plat is filed in the proper land office. During those 60 days, the State may select land not covered by a valid adverse claim. Within 30 days after filing the survey application, the Governor must arrange for notice in a generally circulated local newspaper; publication must continue for 30 days from first publication and must tell interested people about the application and the State's exclusive 60-day selection right. After 60 days, unselected land not otherwise lawfully appropriated may be disposed of under general laws like other public land. The Secretary or designee must immediately notify the local land office where the land lies that the township is withdrawn and reserved for this purpose.
It shall be lawful for the Governors of the States of Washington, Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming to apply to the Secretary of the Interior or such officer as he may designate for the survey of any township or townships of public land then remaining unsurveyed in any of the several surveying districts, with a view to satisfy the public land grants made by the several Acts admitting the said States into the Union to the extent of the full quantity of land called for thereby; and upon the application of said governors the Secretary or such officer shall proceed to immediately notify such officer as may be designated by the Secretary of the application made by the governor of any of the said States of the application made for the withdrawal of said lands, and the officer so designated shall proceed to have the survey or surveys so applied for made, as in the cases of surveys of public lands; and the lands that may be found to fall within the limits of such township or townships, as ascertained by the survey, shall be reserved upon the filing of the application for survey from any adverse appropriation by settlement or otherwise except under rights that may be found to exist of prior inception, for a period to extend from such application for survey until the expiration of sixty days from the date of the filing of the township plat of survey in the proper district land office, during which period of sixty days the State may select any of such lands not embraced in any valid adverse claim, for the satisfaction of such grants, with the condition, however, that the governor of the State, within thirty days from the date of such filing of the application for survey, shall cause a notice to be published, which publication shall be continued for thirty days from the first publication, in some newspaper of general circulation in the vicinity of the lands likely to be embraced in such township or townships, giving notice to all parties interested of the fact of such application for survey and the exclusive right of selection by the State for the aforesaid period of sixty days as herein provided for; and after the expiration of such period of sixty days any lands which may remain unselected by the State, and not otherwise appropriated according to law, shall be subject to disposal under general laws as other public lands: And provided further, That the Secretary of the Interior or such officer as he may designate shall give notice immediately of the reservation of any township or townships to the local land office in which the land is situate of the withdrawal of such township or townships, for the purpose hereinbefore provided.
Source credit: (Aug. 18, 1894, ch. 301, 28 Stat. 394; Mar. 3, 1925, ch. 462, 43 Stat. 1144; June 26, 1934, ch. 756, § 22, 48 Stat. 1236; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
- 1894Enacted · Act of Aug. 18, 1894, ch. 301 · 28 Stat. 394
- 1925Amended · Act of Mar. 3, 1925, ch. 462 · 43 Stat. 1144
- 1934Amended · Act of June 26, 1934, ch. 756 · 48 Stat. 1236
A history note hasn’t been published yet. The record shows enactment by ch. 301 on 1894-08-18.
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