§ 864. — Survey of land grants to Florida.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC864]
TITLE 43--PUBLIC LANDS
CHAPTER 20--RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
Sec. 864. Survey of land grants to Florida
It shall be lawful for the properly credited agent or official of
the State of Florida having in charge the adjustment of its school grant
to apply to the Secretary of the Interior, or such officer as he may
designate, for the survey of any townships or parts of townships of
public land unsurveyed in any of the surveying districts of said State,
with a view to satisfy the grant in aid of schools made to said State of
Florida to the extent of the full quantity of land called for thereby;
and upon the application of said agent or official, the Secretary or
such officer as he may designate shall proceed to have the survey or
surveys so applied for made, as in the case of surveys of other public
lands; and the lands that may be found to fall within the limits of such
townships or parts of 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 date of
filing of the township plat of survey in the proper district land
office, which period of sixty days the State may select any of such
lands not embraced in any valid adverse claim for the satisfaction of
its school grant, as aforesaid, with the condition, however, that the
agent or official 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
date of first publication in some newspaper of general circulation in
the vicinity of the lands likely to be embraced in such townships or
parts of 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 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:
Provided, That the Secretary or such officer as he may designate shall
give notice immediately of the reservation of any township or parts of
townships to the officials of the local land office of the land district
in which the land is situated of the withdrawal of such townships or
parts of townships for the purpose hereinbefore provided: Provided
further, That nothing herein shall be deemed to authorize the Secretary
or such officer as he may designate to survey any lands within the
exterior boundaries of the Everglades, as defined in Everglades patent
numbered 137, issued to the State of Florida by the United States under
the Swamp Land Act of 1850.
(Feb. 16, 1921, ch. 60, 41 Stat. 1103; 1946 Reorg. Plan No. 3, Sec. 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
References in Text
The Swamp Land Act of 1850, referred to in text, is act Sept. 28,
1850, ch. 84, 9 Stat. 519, which was incorporated into the Revised
Statutes of 1878 as R.S. Secs. 2479-2481, which are classified to
sections 982 to 984 of this title.
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 reference to ``Commissioner of the General Land Office''
changed to ``Secretary of the Interior, or such officer as he may
designate,'', and remaining three such references changed to ``Secretary
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.
