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§ 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.
---------------------------------------------------------------------------
    \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.



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