§ 851. Deficiencies in grants to State by reason of settlements, etc., on designated sections generally

Statutory text

Where settlements with a view to preemption or homestead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections or either of them have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State in which they lie, other lands of equal acreage are hereby appropriated and granted, and may be selected, in accordance with the provisions of section 852 of this title, by said State, in lieu of such as may be thus taken by preemption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted and may be selected, in accordance with the provisions of section 852 of this title, by said State where sections sixteen or thirty-six are, before title could pass to the State, included within any Indian, military, or other reservation, or are, before title could pass to the State, otherwise disposed of by the United States: Provided, That the selection of any lands under this section in lieu of sections granted or reserved to a State shall be a waiver by the State of its right to the granted or reserved sections. And other lands of equal acreage are also appropriated and granted, and may be selected, in accordance with the provisions of section 852 of this title, by said State to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever. And it shall be the duty of the Secretary of the Interior, without awaiting the extension of the public surveys, to ascertain and determine, by protraction or otherwise, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State shall be entitled to select indemnity lands to the extent of section for section in lieu of sections therein which have been or shall be granted, reserved, or pledged; but such selections may not be made within the boundaries of said reservation: Provided, however, That nothing in this section contained shall prevent any State from awaiting the extinguishment of any such military, Indian, or other reservation and the restoration of the lands therein embraced to the public domain and then taking the sections sixteen and thirty-six in place therein.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

undated
R.S. § 2275
Enacted · 43 U.S.C. § 851
R.S. § 2275
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code source credit
R.S. § 2275
1958
Pub. L. 85–771 § 1 · 72 Stat. 928
1. Substituted · 43 U.S.C. § 851
  Pub. L. 85–771 inserted “in accordance with the provisions of section 852 of this title” and “prior to survey”, wherever appearing; substituted “That the selection of any lands under this section in lieu of sections granted or reserved to a State or Territory shall be a waiver by the State or Territory of its right to the granted or reserved sections.” for “Where any State is entitled to said sections 16 and 36, or where said sections are reserved to any Territory, notwithstanding the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections.” ; struck out from last extinguishment proviso “but nothing in this proviso shall be construed as conferring any right not in this section existing prior to February 28, 1891”, and otherwise amended section generally
2. Substituted · 43 U.S.C. § 851
  Pub. L. 85–771 inserted “in accordance with the provisions of section 852 of this title” and “prior to survey”, wherever appearing; substituted “section for section in lieu of sections therein which have been or shall be granted, reserved, or pledged” for “two sections for each of said townships, in lieu of sections 16 and 36 therein” ; struck out from last extinguishment proviso “but nothing in this proviso shall be construed as conferring any right not in this section existing prior to February 28, 1891”, and otherwise amended section generally
Source evidence
Code amendment note
Pub. L. 85–771 inserted “in accordance with the provisions of section 852 of this title” and “prior to survey”, wherever appearing; substituted “That the selection of any lands under this section in lieu of sections granted or reserved to a State or Territory shall be a waiver by the State or Territory of its right to the granted or reserved sections.” for “Where any State is entitled to said sections 16 and 36, or where said sections are reserved to any Territory, notwithstanding the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections.”; substituted “section for section in lieu of sections therein which have been or shall be granted, reserved, or pledged” for “two sections for each of said townships, in lieu of sections 16 and 36 therein”; struck out from last extinguishment proviso “but nothing in this proviso shall be construed as conferring any right not in this section existing prior to February 28, 1891”, and otherwise amended section generally.
1966
Pub. L. 89–470 § 1 · 80 Stat. 220
1. Struck · 43 U.S.C. § 851
  Pub. L. 89–470 struck out “or Territory” after “State” in eight places
2. Substituted · 43 U.S.C. § 851
  Pub. L. 89–470 substituted “before title could pass to the State” for “prior to survey” in two places
Source evidence
Code amendment note
Pub. L. 89–470 struck out “or Territory” after “State” in eight places and substituted “before title could pass to the State” for “prior to survey” in two places.

0 of 5 references resolved to an enrolled provision · 4 partial · 1 unresolved

Editorial Notes

Codification

R.S. § 2275 derived from acts Feb. 26, 1859, ch. 58, 11 Stat. 385; June 22, 1874, ch. 422, 18 Stat. 202.

Amendments1958–1966 · 2 rounds

1966

Pub. L. 89–470 struck out “or Territory” after “State” in eight places and substituted “before title could pass to the State” for “prior to survey” in two places.

1958

Pub. L. 85–771 inserted “in accordance with the provisions of section 852 of this title” and “prior to survey”, wherever appearing; substituted “That the selection of any lands under this section in lieu of sections granted or reserved to a State or Territory shall be a waiver by the State or Territory of its right to the granted or reserved sections.” for “Where any State is entitled to said sections 16 and 36, or where said sections are reserved to any Territory, notwithstanding the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections.”; substituted “section for section in lieu of sections therein which have been or shall be granted, reserved, or pledged” for “two sections for each of said townships, in lieu of sections 16 and 36 therein”; struck out from last extinguishment proviso “but nothing in this proviso shall be construed as conferring any right not in this section existing prior to February 28, 1891”, and otherwise amended section generally.

Credits

1891–1966 · 4 acts

R.S. § 2275
1891Feb. 28, 1891, ch. 384, 26 Stat. 796
1958Pub. L. 85–771, § 1, Aug. 27, 1958, 72 Stat. 928
1966Pub. L. 89–470, § 1, June 24, 1966, 80 Stat. 220.

Show as published

(R.S. § 2275; Feb. 28, 1891, ch. 384, 26 Stat. 796; Pub. L. 85–771, § 1, Aug. 27, 1958, 72 Stat. 928; Pub. L. 89–470, § 1, June 24, 1966, 80 Stat. 220.)