§ 852. — Selections to supply deficiencies of school lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC852]
TITLE 43--PUBLIC LANDS
CHAPTER 20--RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
Sec. 852. Selections to supply deficiencies of school lands
(a) Restrictions
The lands appropriated by section 851 of this title shall be
selected from any unappropriated, surveyed or unsurveyed public lands
within the State where such losses or deficiencies occur subject to the
following restrictions:
(1) No lands mineral in character may be selected by a State
except to the extent that the selection is being made as indemnity
for mineral lands lost to the State because of appropriation before
title could pass to the State;
(2) No lands on a known geologic structure of a producing oil or
gas field may be selected except to the extent that the selection is
being made as indemnity for lands on such a structure lost to the
State because of appropriation before title could pass to the State;
and
(3) Land subject to a mineral lease or permit may be selected if
none of the land subject to that lease or permit is in a producing
or producible status, subject, however, to the restrictions and
conditions of the preceding and following paragraphs of this
subsection.
(4) If a selection is consummated as to a portion but not all of
the lands subject to any mineral lease or permit, then, as to such
portion and for so long only as such lease or permit or any lease
issued pursuant to such permit shall remain in effect, there shall
be automatically reserved to the United States the mineral or
minerals for which the lease or permit was issued, together with
such further rights as may be necessary for the full and complete
enjoyment of all rights, privileges and benefits under or with
respect to the lease or permit: Provided, however, That after
approval of the selection the Secretary of the Interior shall
determine what portion of any rents and royalties accruing
thereafter which may be paid under the lease or permit is properly
applicable to that portion of the land subject to the lease or
permit selected by the State, the portion applicable being
determined by applying to the sum of the rents and royalties the
same ratio as that existing between the acreage selected by the
State and the total acreage subject to the lease or permit; of the
portion applicable to the selected land 90 per centum shall be paid
to the State by the United States annually and 10 per centum shall
be deposited in the Treasury of the United States as miscellaneous
receipts.
(5) If a selection is consummated as to all of the lands subject
to any mineral lease or permit or if, where the selecting State has
previously acquired title to a portion of the lands subject to a
mineral lease or permit, a selection is consummated as to all of the
remaining lands subject to that lease or permit, then and upon
condition that the United States shall retain all rents and
royalties theretofore paid and that the lessee or permittee shall
have and may enjoy under and with respect to that lease or permit
all the rights, privileges, and benefits which he would have had or
might have enjoyed had the selection not been made and approved, the
State shall succeed to all the rights of the United States under the
lease or permit as to the mineral or minerals covered thereby,
subject, however, to all obligations of the United States under and
with respect to that lease or permit.
(b) Adjustments
Where the selections are to compensate for deficiencies of school
lands in fractional townships, such selections shall be made in
accordance with the following principles of adjustment, to wit: For each
township, or fractional township, containing a greater quantity of land
than three-quarters of an entire township, one section; for a fractional
township, containing a greater quantity of land than one-half, and not
more than three-quarters of a township, three-quarters of a section; for
a fractional township, containing a greater quantity of land than one-
quarter, and not more than one-half of a township, one-half section; and
for a fractional township containing a greater quantity of land than one
entire section, and not more than one-quarter of a township, one-quarter
section of land: Provided, That the States which are, or shall be
entitled to both the sixteenth and thirty-sixth sections in place, shall
have the right to select double the amounts named, to compensate for
deficiencies of school land in fractional townships.
(c) Preference rights for State
Notwithstanding the provisions of section 282 \1\ of this title on
the revocation not later than 10 years after the date of approval of
this Act, of any order of withdrawal, in whole or in part, the order or
notice taking such action shall provide for a period of not less than
six months before the date on which it otherwise becomes effective in
which the State in which the lands are situated shall have a preferred
right of application for selection under this section, subject to the
requirements of existing law, except as against the prior existing valid
settlement rights and preference rights conferred by existing law other
than section 282 \1\ of this title, or as against equitable claims
subject to allowance and confirmation, and except where a revocation of
an order of withdrawal is made in order to assist in a Federal land
program.
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\1\ See References in Text note below.
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(d) ``Unappropriated public lands'' defined; determination of mineral
character of land
(1) The term ``unappropriated public lands'' as used in this section
shall include, without otherwise affecting the meaning thereof, lands
withdrawn for coal, phosphate, nitrate, potash, oil, gas, asphaltic
minerals, oil shale, sodium, and sulphur, but otherwise subject to
appropriation, location, selection, entry, or purchase under the
nonmineral laws of the United States; lands withdrawn by Executive Order
Numbered 5327, of April 15, 1930, if otherwise available for selection;
and the retained or reserved interest of the United States in lands
which have been disposed of with a reservation to the United States of
all minerals or any specified mineral or minerals.
(2) The determination, for the purposes of this section of the
mineral character of lands lost to a State shall be made as of the date
of application for selection and upon the basis of the best evidence
available at that time.
(R.S. Sec. 2276; Feb. 28, 1891, ch. 384, 26 Stat. 797; Pub. L. 85-771,
Sec. 2, Aug. 27, 1958, 72 Stat. 928; Pub. L. 86-786, Secs. 1, 2, Sept.
14, 1960, 74 Stat. 1024; Pub. L. 89-470, Sec. 2, June 24, 1966, 80 Stat.
220.)
References in Text
Section 282 of this title, referred to in subsec. (c), was repealed
by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787.
Date of approval of this Act, referred to in subsec. (c), probably
means date of approval of Pub. L. 85-771, which was Aug. 27, 1958.
Codification
R.S. Sec. 2276 derived from acts May 20, 1826, ch. 83, Sec. 1, 4
Stat. 179; 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''
once in subsec. (a), twice in subsec. (a)(1), and once each in subsecs.
(a)(2), (c), and (d)(2), and ``or Territories'' after ``States'' in
subsec. (b); substituted ``before title could pass to the State'' for
``prior to survey'' in subsec. (a)(1) and (2); and inserted ``or
unsurveyed'' after ``surveyed'' in subsec. (a).
1960--Subsec. (a). Pub. L. 86-786, Sec. 1, substituted ``If none of
the land subject to that lease or permit is in a producing or producible
status, subject, however, to the restrictions and conditions of the
preceding and following paragraphs of this subsection'' for ``, but only
if all of the lands subject to that lease or permit are selected and if
none of the lands subject to that lease or permit are in a producing or
producible status; where lands subject to a mineral lease or permit are
selected, the State or Territory shall succeed to the position of the
United States thereunder'', in par. (3), and added pars. (4) and (5).
Subsec. (d)(1). Pub. L. 86-786, Sec. 2, included interest of United
States in lands which have been disposed of with a reservation to United
States of all minerals.
1958--Pub. L. 85-771 designated introductory clause as subsec. (a)
and added restrictions (1) to (3) thereto; designated remainder as
subsec. (b) and added subsecs. (c) and (d).
University of Alaska; Grantee of Lands, Improvements, and Personal
Property of Alaska Agricultural Experiment Station
Pub. L. 102-415, Sec. 9, Oct. 14, 1992, 106 Stat. 2114, provided
that: ``Notwithstanding any other provision of law, the Secretary of the
Interior shall convey to the University of Alaska, by quitclaim deed and
without consideration, all the right, title, and interest of the United
States in and to--
``(1) the lands of the University of Alaska Agricultural
Experiment Station, consisting of approximately 16 acres, including
improvements on the lands, located at Palmer and Matanuska, Alaska;
and
``(2) the lands of the University of Alaska Fur Farm Experiment
Station, consisting of approximately 37 acres, including
improvements on the lands, located at Petersburg, Alaska, subject to
the terms of--
``(A) the lease between the Forest Service and the
University of Alaska dated March 29, 1978; and
``(B) the agreement between the parties listed in
subparagraph (A) dated March 2, 1983.''
Pub. L. 89-620, Oct. 4, 1966, 80 Stat. 871, authorized the Secretary
of Agriculture to convey by quitclaim deed and without consideration to
the University of Alaska for public purposes all the right, title, and
interest of the United States in and to the lands of the Alaska
Agricultural Experiment Station, including improvements thereon, and
such personal property as may be designated, located at Palmer and
Matanuska, Alaska.
University of Alaska; Additional Land Grant for Agricultural College and
School of Mines; Conditions and Limitation
Act Jan. 21, 1929, ch. 92, 45 Stat. 1091, as amended July 12, 1960,
Pub. L. 86-620, 74 Stat. 408; Sept. 19, 1966, Pub. L. 89-588, 80 Stat.
811, provided: ``That in addition to the provision made by the Act of
Congress approved March 4, 1915 (thirty-eighth Statutes at Large, page
1214 [classified to section 353 of Title 48, Territories and Insular
Possessions, and provisions set out in the Site for Agricultural College
and School of Mines note below], for the use and benefit of the
Agricultural College and School of Mines, there is granted to the State
of Alaska, for the exclusive use and benefit of the Agricultural College
and School of Mines, one hundred thousand acres of vacant nonmineral
surveyed unreserved public lands in the State of Alaska, to be selected,
under the direction and subject to the approval of the Secretary of the
Interior, by the State, and subject to the following conditions and
limitations:
``Sec. 2. That the college and school provided for in this act shall
forever remain under the exclusive control of the said State, and no
part of the proceeds arising from the sale or disposal of any lands
granted herein shall be used for the support of any sectarian or
denominational college or school.''
University of Alaska; Site for Agricultural College and School of Mines
Section 2 of act Mar. 4, 1915, ch. 181, 38 Stat. 1215, provided:
``That section numbered 6 in township numbered one south of the
Fairbanks base line and range numbered one west of the Fairbanks
meridian; section numbered thirty-one, in township numbered one north of
the Fairbanks base line and range numbered one west of the Fairbanks
meridian; section numbered one, in township numbered one south of the
Fairbanks base line and range numbered two west of the Fairbanks
meridian; and section numbered thirty-six, in township numbered one
north of the Fairbanks base line and range numbered two west of the
Fairbanks meridian, are granted to the Territory of Alaska, but with the
express condition that they shall be forever reserved and dedicated to
use as a site for an agricultural college and school of mines: Provided,
That nothing in this Act [classified to section 353 of Title 48,
Territories and Insular Possessions, and set out in this note] shall be
held to interfere with or destroy any legal claim of any person or
corporation to any part of said lands under the homestead [law, chapter
7 of this title.] or other law for the disposal of the public lands
acquired prior to the approval of this Act [Mar. 4, 1915]: Provided
further, That so much of the said land as is now [Mar. 4, 1915] used by
the Government of the United States as an agricultural experiment
station may continue to be used for such purpose until abandoned for
that use by an order of the President of the United States or by Act of
Congress.''
Section Referred to in Other Sections
This section is referred to in sections 851, 853, 854 of this title;
title 16 section 460iii-2.