§ 851. — Deficiencies in grants to State by reason of settlements, etc., on designated sections generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC851]
TITLE 43--PUBLIC LANDS
CHAPTER 20--RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
Sec. 851. Deficiencies in grants to State by reason of
settlements, etc., on designated sections generally
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, 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, 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, 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.
(R.S. Sec. 2275; Feb. 28, 1891, ch. 384, 26 Stat. 796; Pub. L. 85-771,
Sec. 1, Aug. 27, 1958, 72 Stat. 928; Pub. L. 89-470, Sec. 1, June 24,
1966, 80 Stat. 220.)
Codification
R.S. Sec. 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 survey'', wherever appearing;
substituted ``That the selection 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 sections 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.''; substituted ``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 proviso shall be construed as conferring
any right not in this section existing prior to February 28, 1891'', and
otherwise amended section generally.
Section Referred to in Other Sections
This section is referred to in sections 852, 853, 854 of this title;
title 16 section 460iii-2.
