§ 863. — Survey of lands granted to certain Western States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC863]
TITLE 43--PUBLIC LANDS
CHAPTER 20--RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
Sec. 863. Survey of lands granted to certain Western States
It shall be lawful for the Governors of the States of Washington,
Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming to apply
to the Secretary of the Interior or such officer as he may designate for
the survey of any township or townships of public land then remaining
unsurveyed in any of the several surveying districts, with a view to
satisfy the public land grants made by the several Acts admitting the
said States into the Union to the extent of the full quantity of land
called for thereby; and upon the application of said governors the
Secretary or such officer shall proceed to immediately notify such
officer as may be designated by the Secretary of the application made by
the governor of any of the said States of the application made for the
withdrawal of said lands, and the officer so designated shall proceed to
have the survey or surveys so applied for made, as in the cases of
surveys of public lands; and the lands that may be found to fall within
the limits of such township or townships, as ascertained by the survey,
shall be reserved upon the filing of the application for survey from any
adverse appropriation by settlement or otherwise except under rights
that may be found to exist of prior inception, for a period to extend
from such application for survey until the expiration of sixty days from
the date of the filing of the township plat of survey in the proper
district land office, during which period of sixty days the State may
select any of such lands not embraced in any valid adverse claim, for
the satisfaction of such grants, with the condition, however, that the
governor of the State, within thirty days from the date of such filing
of the application for survey, shall cause a notice to be published,
which publication shall be continued for thirty days from the first
publication, in some newspaper of general circulation in the vicinity of
the lands likely to be embraced in such township or townships, giving
notice to all parties interested of the fact of such application for
survey and the exclusive right of selection by the State for the
aforesaid period of sixty days as herein provided for; and after the
expiration of such period of sixty days any lands which may remain
unselected by the State, and not otherwise appropriated according to
law, shall be subject to disposal under general laws as other public
lands: And provided further, That the Secretary of the Interior or such
officer as he may designate shall give notice immediately of the
reservation of any township or townships to the local land office in
which the land is situate of the withdrawal of such township or
townships, for the purpose hereinbefore provided.
(Aug. 18, 1894, ch. 301, 28 Stat. 394; Mar. 3, 1925, ch. 462, 43 Stat.
1144; June 26, 1934, ch. 756, Sec. 22, 48 Stat. 1236; 1946 Reorg. Plan
No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
Repeals
Act June 26, 1934, ch. 756, Sec. 22, 48 Stat. 1236, cited as a
credit to this section, was repealed by Pub. L. 97-258, Sec. 5(b), Sept.
13, 1982, 96 Stat. 1074.
Amendments
1934--Act June 26, 1934, repealed last proviso which authorized
governors of States named to advance money for survey of certain
townships.
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.
First and third references to ``Commissioner of the General Land
Office'' changed to ``Secretary of the Interior or such officer as he
may designate''; second such reference changed to ``Secretary or such
officer''; and the two references to ``Supervisor of Surveys'' changed
to ``such officer as may be designated by the Secretary'' and ``the
officer so designated,'' respectively, 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.
