republic-os/legal/us/code/title-43/chapter-20/section-851.md

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LegalText	43 U.S.C. § 851	Deficiencies in grants to State by reason of settlements, etc., on designated sections generally	us	united_states_code	code_section	43	PUBLIC LANDS	20	RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES	851	43 U.S.C. § 851	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip	/us/usc/t43/s851	data/legal/raw/us/code/title-43/usc43.xml	e33645ce6fbc7c00f10caa46ad24d9b6445b02298503f3604f22074b05d2f217	d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f	3c5fe747b328dc6367d3f002cf489c7e8b5b31aec050c4d2662717d46af9a3d7	2026-07-04	official	legal us-code

43 U.S.C. § 851 - Deficiencies in grants to State by reason of settlements, etc., on designated sections generally

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.

(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.)

Notes

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.

Amendments1966—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.