§ 773. — Resurveys or retracements of township lines, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC773]
TITLE 43--PUBLIC LANDS
CHAPTER 18--SURVEY OF PUBLIC LANDS
Sec. 773. Resurveys or retracements of township lines, etc.
Upon the application of the owners of three-fourths of the privately
owned lands in any township covered by public-land surveys, more than 50
per centum of the area of which townships is privately owned,
accompanied by a deposit with the Secretary of the Interior, or such
officer as he may designate, of the proportionate estimated cost,
inclusive of the necessary work, of the resurvey or retracement of all
the privately owned lands in said township, the Secretary, or such
officer as he may designate, shall be authorized in his discretion to
cause to be made a resurvey or retracement of the lines of said township
and to set permanent corners and monuments in accordance with the laws
and regulations governing surveys and resurveys of public lands. The sum
so deposited shall be held by the Secretary of the Interior or such
officer as he may designate, and may be expended in payment of the cost
of such survey, including field and office work, and any excess over the
cost of such survey and the expenses incident thereto shall be repaid
pro rata to the persons making said deposits or their legal
representatives. The proportionate cost of the field and office work for
the resurvey or retracement of any public lands in such township shall
be paid from the current appropriation for the survey and resurvey of
public lands, in addition to the portion of such appropriation otherwise
allowed by law for resurveys and retracements. Similar resurveys and
retracements may be made on the application, accompanied by the
requisite deposit, of any court of competent jurisdiction, the returns
of such resurvey or retracement to be submitted to the court. The
Secretary of the Interior is authorized to make all necessary rules and
regulations to carry this section into full force and effect.
(Sept. 21, 1918, ch. 175, 40 Stat. 965; 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.)
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.
``Supervisor of Surveys'' changed to the ``Secretary of the
Interior, or such officer as he may designate,''; ``Commissioner of the
General Land Office subject to the supervisory authority of the
Secretary of the Interior,'' changed to ``Secretary, or such officer as
he may designate,''; and reference to ``Supervisor of Surveys or
commissioner'' changed to ``Secretary of the Interior or such officer as
he may designate,'', all 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.
