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Title 43 — Public Lands

Chapter 20 — Reservations and Grants to States for Public Purposes

§ 861. Preference right of selection granted certain Western States; bona fide settlers

Statutory text

The States of North Dakota, South Dakota, Montana, Idaho, and Washington shall have a preference right over any person or corporation to select lands subject to entry by said States by the Act of Congress approved , for a period of sixty days after lands have been surveyed and duly declared to be subject to selection and entry under the general land laws of the United States.

Such preference right shall not accrue against bona fide homestead or preemption settlers on any of said lands at the date of filing of the plat of survey of any township in any local land office of said States.

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.

  1. Pub. L. 52–208 · 27 Stat. 252

    Enacted · 43 U.S.C. § 861

    (Mar. 3, 1893, ch. 208, 27 Stat. 592.)

    Source evidence

    Code source credit
    (Mar. 3, 1893, ch. 208, 27 Stat. 592.)

0 of 1 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Act , referred to in text, is act Feb. 22, 1889, ch. 180, 25 Stat. 676. Provisions relating to admission of the enumerated States into the Union are not classified to the Code.

Credits

(Mar. 3, 1893, ch. 208, 27 Stat. 592.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s861