§ 859. — Fee simple to pass in all grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC859]
TITLE 43--PUBLIC LANDS
CHAPTER 20--RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
Sec. 859. Fee simple to pass in all grants
Where lands have been or may hereafter be granted by any law of
Congress to any one of the several States and Territories, and where
such law does not convey the fee-simple title of the lands, or require
patents to be issued therefor, the list of such lands which have been or
may hereafter be certified by the Secretary of the Interior or such
officer as he may designate, under the seal of his office, either as
originals or copies of the originals or records shall be regarded as
conveying the fee simple of all the lands embraced in such lists that
are of the character contemplated by such Act of Congress, and intended
to be granted thereby, but where lands embraced in such lists are not of
the character embraced by such Acts of Congress, and are not intended to
be granted thereby, the lists, so far as these lands are concerned,
shall be perfectly null and void, and no right, title, claim, or
interest shall be conveyed thereby.
(R.S. Sec. 2449; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
11 F.R. 7876, 60 Stat. 1100.)
Codification
R.S. Sec. 2449 derived from acts Aug. 3, 1854, ch. 201, 10 Stat.
346; Mar. 3, 1875, ch. 139, Sec. 8, 18 Stat. 475.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
``Secretary of the Interior or such officer as he may designate''
substituted for ``Commissioner of the General Land Office'' on authority
of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
section 1 of this title.
