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§ 865. —  Confirmation of certain lands selected by California.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 43USC865]

 
                         TITLE 43--PUBLIC LANDS
 
    CHAPTER 20--RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
 
Sec. 865. Confirmation of certain lands selected by California

    All selections of any portion of the public domain, to which, prior 
to July 23, 1866, no homestead, preemption, or other right had been 
acquired by any settler under the laws of the United States, and not 
being mineral land, nor reserved for naval, military, or Indian purposes 
nor held or claimed under any valid Mexican or Spanish grant, and not 
included within the limits of any city, town, or village or of the 
county of San Francisco, made prior to the 23d day of July 1866, and 
theretofore sold to bona fide purchasers by the State of California are 
confirmed to the State of California: Provided, however, That said State 
shall not receive any greater quantity of land for school or improvement 
purposes than she is entitled to by law.
    When selections named in the above paragraph have been made upon 
lands already surveyed by authority of the United States, the 
authorities of said States, where the same has not been already done, 
shall notify the officer, as the Secretary of the Interior may 
designate, of the land office, for the district in which the land is 
situated, which notice shall be regarded as the date of the State 
selection; and the said officers, as the Secretary may designate, of the 
several land offices, after investigation and decision, shall, under the 
instruction of the Secretary of the Interior, or such officer as he may 
designate, forward all such selections to the Bureau of Land Management, 
and the Secretary or such officer shall certify the same over to the 
State in the usual manner.
    When the State of California has made such selections from the lands 
not surveyed by the authority of the United States, but which selections 
have been surveyed by the authority of said State, and the land sold to 
purchasers in good faith, under the laws of the State, such selections, 
from said 23d of July, 1866, when marked off and designated in the 
field, shall have the same force and effect as the preemption rights of 
a settler upon unsurveyed public lands; and if upon a survey of such 
lands by the United States, the lines of the two surveys shall be found 
not to agree, the selection shall be so changed as to include those 
legal subdivisions which nearest conform to the identical land included 
in the State survey and selection. Upon filing with the officer as the 
Secretary of the Interior may designate of the proper United States land 
office of the township plat, in which any such selection of unsurveyed 
land is located, the holder of the State title shall be allowed the same 
time to present and prove up his purchase and claim as was allowed 
preemptors under existing laws, and if found in accordance with the law 
the land embraced therein shall be certified over to the State by the 
Secretary of the Interior or such officer as he may designate.

(R.S. Secs. 2485-2487; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 
1946, 11 F.R. 7876, 60 Stat. 1100.)

                          Codification

    R.S. Sec. 2485 derived from acts July 23, 1866, ch. 219, Sec. 1, 14 
Stat. 218; Mar. 3, 1875, ch. 139, Sec. 7, 18 Stat. 475. R.S. Secs. 2486, 
2487 are from act July 23, 1866, ch. 219, Sec. 23, 14 Stat. 219.

                          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.
    In second par., ``register of the land office,'' changed to 
``officer, as the Secretary of the Interior may designate, of the land 
office,''; ``registers of the several land offices,'' changed to 
``officers, as the Secretary may designate, of the several land 
offices,''; first reference to ``Commissioner of the General Land 
Office'' changed to ``Secretary of the Interior, or such officer as he 
may designate,''; ``Bureau of Land Management'' substituted for 
``General Land Office''; and second reference to ``Commissioner of the 
General Land Office'' changed to ``Secretary or such officer'', on 
authority of section 403 of Reorg. Plan No. 3 of 1946. In third par., 
``register'' changed to ``officer as the Secretary of the Interior may 
designate'', and ``Commissioner of the General Land Office'' changed to 
``Secretary of the Interior or such officer as he may designate'', on 
authority of that plan. See note set out under section 1 of this title.



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