§ 759. — Survey for and by settlers in township.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC759]
TITLE 43--PUBLIC LANDS
CHAPTER 18--SURVEY OF PUBLIC LANDS
Sec. 759. Survey for and by settlers in township
When the settlers in any township not mineral or reserved by the
Government, or persons and associations lawfully possessed of coal lands
and otherwise qualified to make entry thereof, or when the owners or
grantees of public lands of the United States, under any law thereof,
desire a survey made of the same under the authority of such agency as
the Secretary of the Interior may designate and shall file an
application therefor in writing, and shall deposit in a proper United
States depository to the credit of the United States a sum sufficient to
pay for such survey, together with all expenditures incident thereto,
without cost or claim for indemnity on the United States, it shall be
lawful for such agency, under such instructions as may be given by the
Secretary of the Interior or such officer as he may designate, and in
accordance with law, to survey such township or such public lands owned
by said grantees of the Government, and make return therefor to the
general and proper local land office: Provided, That no application
shall be granted unless the township so proposed to be surveyed is
within the range of the regular progress of the public surveys embraced
by existing standard lines or bases for township and subdivisional
surveys.
(R.S. Sec. 2401; Aug. 20, 1894, ch. 302, Sec. 1, 28 Stat. 423; 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.)
Codification
R.S. Sec. 2401 derived from act May 30, 1862, ch. 86, Sec. 10, 12
Stat. 410.
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.
References to ``the Field Surveying Service'' changed to ``such
agency as the Secretary of the Interior may designate'' and ``such
agency,'', respectively; and ``Commissioner of the General Land Office''
changed to ``Secretary of the Interior or such officer as he may
designate'', 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.
Section Referred to in Other Sections
This section is referred to in sections 760, 762, 763 of this title.
