§ 751. — Rules of survey.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC751]
TITLE 43--PUBLIC LANDS
CHAPTER 18--SURVEY OF PUBLIC LANDS
Sec. 751. Rules of survey
The public lands shall be divided by north and south lines run
according to the true meridian, and by others crossing them at right
angles, so as to form townships of six miles square, unless where the
line of an Indian reservation, or of tracts of land surveyed or patented
prior to May 18, 1796, or the course of navigable rivers, may render
this impracticable; and in that case this rule must be departed from no
further than such particular circumstances require.
Second. The corners of the townships must be marked with progressive
numbers from the beginning; each distance of a mile between such corners
must be also distinctly marked with marks different from those of the
corners.
Third. The township shall be subdivided into sections, containing,
as nearly as may be, six hundred and forty acres each, by running
parallel lines through the same from east to west and from south to
north at the distance of one mile from each other, and marking corners
at the distance of each half mile. The sections shall be numbered,
respectively, beginning with the number one in the northeast section and
proceeding west and east alternately through the township with
progressive numbers, until the thirty-six be completed.
Fourth. The deputy surveyors, respectively, shall cause to be marked
on a tree near each corner established in the manner described, and
within the section, the number of such section, and over it the number
of the township within which such section may be; and the deputy
surveyors shall carefully note, in their respective field books, the
names of the corner trees marked and the numbers so made.
Fifth. Where the exterior lines of the townships which may be
subdivided into sections or half-sections exceed, or do not extend six
miles, the excess or deficiency shall be specially noted, and added to
or deducted from the western and northern ranges of sections or half-
sections in such township, according as the error may be in running the
lines from east to west, or from north to south; the sections and half-
sections bounded on the northern and western lines of such townships
shall be sold as containing only the quantity expressed in the returns
and plats respectively, and all others as containing the complete legal
quantity.
Sixth. All lines shall be plainly marked upon trees, and measured
with chains, containing two perches of sixteen and one-half feet each,
subdivided into twenty-five equal links; and the chain shall be adjusted
to a standard to be kept for that purpose.
Seventh. Every surveyor shall note in his field book the true
situations of all mines, salt licks, salt springs, and mill-seats which
come to his knowledge; all watercourses over which the line he runs may
pass; and also the quality of the lands.
Eighth. These field books shall be returned to the Secretary of the
Interior or such officer as he may designate, who shall cause therefrom
a description of the whole lands surveyed to be made out and transmitted
to the officers who may superintend the sales. He shall also cause a
fair plat to be made of the townships and fractional parts of townships
contained in the lands, describing the subdivisions thereof, and the
marks of the corners. This plat shall be recorded in books to be kept
for that purpose; and a copy thereof shall be kept open at the office of
the Secretary of the Interior or of such agency as he may designate for
public information, and other copies shall be sent to the places of the
sale, and to the Bureau of Land Management.
(R.S. Sec. 2395; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan
No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Apr.
29, 1950, ch. 134, Sec. 1, 64 Stat. 92.)
Codification
R.S. Sec. 2395 derived from acts May 18, 1796, ch. 29, Sec. 2, 1
Stat. 465; May 10, 1800, ch. 55, Sec. 3, 2 Stat. 73; Mar. 3, 1877, ch.
105, 19 Stat. 348.
Amendments
1950--Par. Third. Act Apr. 29, 1950, struck out provision that
sections 1 mile square in townships be established by running survey
lines 2 miles apart.
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.
In par. ``Eighth'', reference to ``United States Supervisor of
Surveys,'' changed to ``Secretary of the Interior or such officer as he
may designate,''; ``office of the Field Surveying Service'' changed to
``office of the Secretary of the Interior or of such agency as he may
designate,''; and ``General Land Office'' changed to ``Bureau of Land
Management'', on authority of section 403 of Reorg. Plan No. 3 of 1946.
See note set out under section 1 of this title.
Act Mar. 3, 1925, abolished office of surveyor general and
transferred administration of all activities in charge of surveyors
general to Field Surveying Service under jurisdiction of United States
Supervisor of Surveys.
Land Information Study; Report to Congress
Pub. L. 100-409, Sec. 8, Aug. 20, 1988, 102 Stat. 1091, provided
that:
``(a) Study.--The Secretary of the Interior shall conduct an
assessment of the need for and cost and benefits associated with
improvements in the existing methods of land surveying and mapping and
of collecting, storing, retrieving, disseminating, and using information
about Federal and other lands.
``(b) Consultation.--In conducting the assessment required by this
section, the Secretary of the Interior shall consult with the
following--
``(1) the Secretary of Agriculture;
``(2) the Secretary of Commerce;
``(3) the Director of the National Science Foundation;
``(4) representatives of State and local governments;
``(5) representatives of private sector surveying and mapping
science.
``(c) Report.--No later than one year after the day of enactment of
this Act [Aug. 20, 1988], the Secretary of the Interior shall report to
the Congress concerning the results of the assessment required by this
section.
``(d) Topics.--In the report required by subsection (c), the
Secretary of the Interior shall include a discussion and evaluation of
the following:
``(1) relevant recommendations made by the National Academy of
Sciences (National Research Council) on the concept of a
multipurpose cadastre from time to time prior to the date of
enactment of this Act [Aug. 20, 1988];
``(2) ongoing activities concerning development of an overall
reference frame for land and resource information, including but not
limited to a geodetic network, a series of current and accurate
large-scale maps, cadastral overlay maps, unique identifying numbers
linking specific land parcels to a common index of all land records
in United States cadastral systems, and a series of land data files;
``(3) ways to achieve better definition of the roles of Federal
and other governmental agencies and the private sector in dealing
with land information systems;
``(4) ways to improve the coordination of Federal land
information activities; and
``(5) model standards developed by the Secretary for compatible
multipurpose land information systems for use by Federal, State and
local governmental agencies, the public, and the private sector.
``(e) Recommendations.--The report required by subsection (c) may
also include such recommendations for legislation as the Secretary of
the Interior considers necessary or desirable.''
