CHAPTER 28 —MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER I—PATENTS FOR PRIVATE LAND CLAIMS
SUBCHAPTER II—DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
SUBCHAPTER III—SALES OF ISOLATED TRACTS
SUBCHAPTER IV—TIMBER CULTURE
SUBCHAPTER V—OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS
SUBCHAPTER VI—DISPOSAL OF MATERIALS ON PUBLIC LANDS
SUBCHAPTER VII—EVIDENCES OF TITLE
SUBCHAPTER VIII—INDIAN LANDS
SUBCHAPTER IX—ENFORCEMENT OF PROVISIONS
SUBCHAPTER X—OATHS IN CERTAIN LAND MATTERS
SUBCHAPTER XI—WISCONSIN RIVER AND LAKE LAND TITLES
SUBCHAPTER XII—MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR
SUBCHAPTER XIII—STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS
SUBCHAPTER I—PATENTS FOR PRIVATE LAND CLAIMS
§§1151 to 1156. Repealed. Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792
Section 1151, R.S. §2447; act Mar. 3, 1925, ch. 462,
Section 1152, R.S. §2448, related to effect of patents to persons dead before issue.
Section 1153, act June 6, 1874, ch. 223, §1,
Section 1154, act June 6, 1874, ch. 223, §2,
Section 1155, act Jan. 28, 1879, ch. 30, §§1–4,
Section 1156, act May 30, 1894, ch. 87,
Effective Date of Repeal
Section 705(a) of
Savings Provision
Repeal by
SUBCHAPTER II—DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
§1161. "Suspended entries of public lands" and "suspended preemption land claims"
The Secretary of the Interior, or such officer as he may designate, is authorized to decide upon principles of equity and justice, as recognized in courts of equity, and in accordance with regulations to be approved by the Secretary of the Interior, consistently with such principles, all cases of suspended entries of public lands and of suspended preemption land claims, and to adjudge in what cases patents shall issue upon the same.
(R.S. §2450; Feb. 27, 1877, ch. 69, §1,
Codification
R.S. §2450 derived from acts Aug. 3, 1846, ch. 78, §1,
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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
"Secretary of the Interior, or such officer as he may designate," substituted for "Commissioner of the General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
Section Referred to in Other Sections
This section is referred to in
§1162. Adjudications as to suspended entries; approval
Every such adjudication shall be approved by the Secretary of the Interior and shall operate only to divest the United States of the title to the land embraced thereby, without prejudice to the rights of conflicting claimants.
(R.S. §2451; Feb. 27, 1877, ch. 69, §1,
Codification
R.S. §2451 derived from acts Aug. 3, 1846, ch. 78, §1,
Section Referred to in Other Sections
This section is referred to in
§1163. Patents surrendered and new ones issued
Where patents have been already issued on entries which are approved by the Secretary of the Interior, the Secretary of the Interior, or such officer as he may designate, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such approval, to the person who made the entry, his heirs or assigns.
(R.S. §2456; Sept. 20, 1922, ch. 350,
Codification
R.S. §2456 derived from act Mar. 3, 1853, ch. 152, §2,
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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
"Secretary of the Interior, or such officer as he may designate," substituted for "Commissioner of the General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
Section Referred to in Other Sections
This section is referred to in
§1164. Extent of foregoing provisions
(R.S. §2457; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876,
Codification
R.S. §2457 derived from act June 26, 1856, ch. 47,
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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
"Bureau of Land Management" substituted for "General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
§1165. Suspension of entries for correction of clerical errors; patents
Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that a clerical error has been committed in the entry of any of the public lands such entry may be suspended, upon proper notification to the claimant, through the local land office, until the error has been corrected; and all entries made under the preemption, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued, and to which there are no adverse claims originating prior to final entry and which have been sold or incumbered prior to the 1st day of March, 1888, and after final entry, to bona fide purchasers, or incumbrancers, for a valuable consideration, shall unless upon an investigation by a Government agent, fraud on the part of the purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the Land Department of such sale or incumbrance: Provided, That after the lapse of two years from the date of the issuance of the receipt of such officer as the Secretary of the Interior may designate upon the final entry of any tract of land under the homestead, timber-culture, desert-land, or preemption laws, or under this act, and when there shall be no pending contest or protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be construed to require the delay of two years from the date of said entry before the issuing of a patent therefor.
(Mar. 3, 1891, ch. 561, §7,
References in Text
This act, referred to in text, means act Mar. 3, 1891, ch. 561,
Codification
Section was formerly classified to
Repeals
Repeal of "Act to encourage the growth of timber on the western prairies" not to affect valid rights accrued or accruing under said law and claims to be perfected in same manner as if act had not been repealed, see
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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
"Secretary of the Interior, or such officer as he may designate" and "receipt of such officer as the Secretary of the Interior may designate" substituted for "Commissioner of the General Land Office" and "register's receipt", respectively, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.
§1166. Limitations of suits to annul patents
Suits by the United States to vacate and annul any patent shall only be brought within six years after the date of the issuance of such patents.
(Mar. 3, 1891, ch. 559,
§1167. Entries and final proofs, made out of proper district, confirmed
Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that an error was made prior to March 9, 1904, by the officers of any local land office in receiving any application, declaratory statement, entry, or final proof under the homestead or other land laws, and that there was no fraud practiced by the entryman, and that there are no prior adverse claimants to the land described in the entry, and that no other reason why the title should not vest in the entryman exists, except that said application, declaratory statement, entry, or proof was not made within the land district in which the lands applied for were situated, as provided by the Act of March 11, 1902 [
(Mar. 9, 1904, ch. 503, §1,
References in Text
Act of March 11, 1902, referred to in text, probably means act Mar. 11, 1902, ch. 182,
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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
"Secretary of the Interior, or such officer as he may designate," substituted for "Commissioner of the General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
Effective Date
Section 2 of act Mar. 9, 1904, provided: "That this Act [enacting this section] shall be in force from and after its passage and approval."
SUBCHAPTER III—SALES OF ISOLATED TRACTS
§§1171 to 1173. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789
Section 1171, R.S. §2455; acts Feb. 26, 1895, ch. 133,
Section 1171a, act Apr. 24, 1928, ch. 428,
Section 1171b, act May 23, 1930, ch. 313,
Section 1172, act Feb. 4, 1919, ch. 13,
Section 1173, act May 10, 1920, ch. 178,
Effective Date of Repeal
Section 703(a) of
Savings Provision
Repeal by
§1174. Repealed. Aug. 28, 1937, ch. 876, title II, §201(c), 50 Stat. 876
Section, act May 25, 1920, ch. 200,
§§1175 to 1177. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789
Section 1175, act Aug. 11, 1921, ch. 62,
Section 1176, act May 19, 1926, ch. 337,
Section 1177, act Feb. 14, 1931, ch. 170,
Effective Date of Repeal
Section 703(a) of
Savings Provision
Repeal by
SUBCHAPTER IV—TIMBER CULTURE
§1181. Repeal of laws
An Act entitled "An Act to amend an Act entitled 'An Act to encourage the growth of timber on the western prairies,' " approved June 14, 1878, and all laws supplementary thereto or amendatory thereof are repealed: Provided, That this repeal shall not affect any valid rights accrued or accruing under said laws but all bona fide claims lawfully initiated prior to March 3, 1891, may be perfected upon due compliance with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this section had not been passed: Provided further, That the following words of the last clause of section 2 of said Act, namely, "That not less than twenty-seven hundred trees were planted on each acre," are repealed: Provided further, That in computing the period of cultivation the time shall run from the date of the entry, if the necessary acts of cultivation were performed within the proper time: Provided further, That the preparation of the land and the planting of trees shall be construed as acts of cultivation, and the time authorized to be so employed and actually employed shall be computed as a part of the eight years of cultivation required by statute: Provided further, That if trees, seeds, or cuttings were in good faith planted as provided by law and the same and the land upon which so planted were thereafter in good faith cultivated as provided by law for at least eight years by a person qualified to make entry and who has a subsisting entry under the timber-culture laws, final proof may be made without regard to the number of trees that may have been then growing on the land: And provided, That any person who has made entry of any public lands of the United States under the timber-culture laws, and who has for a period of four years in good faith complied with the provisions of said laws and who is an actual bona fide resident of the State or Territory in which said land is located shall be entitled to make final proof thereto, and acquire title to the same, by the payment of $1.25 per acre for such tract, under such rules and regulations as shall be prescribed by the Secretary of the Interior, and such officers as the Secretary may designate shall be allowed the same fees and compensation for final proofs in timber-culture entries as is now allowed by law in homestead entries: And provided further, That no land acquired under the provisions of this section shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the final certificate therefor.
(Mar. 3, 1891, ch. 561, §1,
References in Text
An Act entitled "An Act to amend an Act entitled 'An Act to encourage the growth of timber on the western prairies,' " approved June 14, 1878, referred to in text, is act June 14, 1878, ch. 190,
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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
"Such officers as the Secretary may designate" substituted for "registers" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
SUBCHAPTER V—OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§1181a. Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision
Notwithstanding any provisions in the Acts of June 9, 1916 (
The annual productive capacity for such lands shall be determined and declared as promptly as possible after August 28, 1937, but until such determination and declaration are made the average annual cut therefrom shall not exceed one-half billion feet board measure: Provided, That timber from said lands in an amount not less than one-half billion feet board measure, or not less than the annual sustained yield capacity when the same has been determined and declared, shall be sold annually, or so much thereof as can be sold at reasonable prices on a normal market.
If the Secretary of the Interior determines that such action will facilitate sustained-yield management, he may subdivide such revested lands into sustained-yield forest units, the boundary lines of which shall be so established that a forest unit will provide, insofar as practicable, a permanent source of raw materials for the support of dependent communities and local industries of the region; but until such subdivision is made the land shall be treated as a single unit in applying the principle of sustained yield: Provided, That before the boundary lines of such forest units are established, the Department, after published notice thereof, shall hold a hearing thereon in the vicinity of such lands open to the attendance of State and local officers, representatives of dependent industries, residents, and other persons interested in the use of such lands. Due consideration shall be given to established lumbering operations in subdividing such lands when necessary to protect the economic stability of dependent communities. Timber sales from a forest unit shall be limited to the productive capacity of such unit and the Secretary is authorized, in his discretion, to reject any bids which may interfere with the sustained-yield management plan of any unit.
(Aug. 28, 1937, ch. 876, title I, §1,
References in Text
Acts of June 9, 1916, and February 26, 1919, referred to in text, are acts June 9, 1916, ch. 137,
Repeals
Act Aug. 28, 1937, title II, §201(c), second par., provided: "All Acts or parts of Act in conflict with this Act [
Savings Provision
Provisions of Federal Land Policy and Management Act of 1976,
Lease of Small Tracts for Residential, Recreational, or Community Site Purposes
Lease of small tracts of the lands described in this section for residential, recreational, or community site purposes, and conditions with respect thereto, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
2 So in original. Probably should be "principle".
3 So in original. Probably should be "facilities:".
§1181b. Cooperative agreements with other agencies or private owners for coordinated administration
The Secretary of the Interior is authorized, in his discretion, to make cooperative agreements with other Federal or State forest administrative agencies or with private forest owners or operators for the coordinated administration, with respect to time, rate, method of cutting, and sustained yield, of forest units comprising parts of revested or reconveyed lands, together with lands in private ownership or under the administration of other public agencies, when by such agreements he may be aided in accomplishing the purposes mentioned in
(Aug. 28, 1937, ch. 876, title I, §2,
Section Referred to in Other Sections
This section is referred to in
§1181c. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787
Section, act Aug. 28, 1937, ch. 876, title I, §3,
Effective Date of Repeal
Section 702 of
Savings Provision
Repeal by
§1181d. Leasing of lands for grazing; disposition of moneys; rules and regulations covering grazing lands
The Secretary of the Interior is authorized, in his discretion, to lease for grazing any of said revested or reconveyed lands which may be so used without interfering with the production of timber or other purposes of
(Aug. 28, 1937, ch. 876, title I, §4,
Section Referred to in Other Sections
This section is referred to in
§1181e. Rules and regulations generally; consultation and agreements with other agencies regarding fire regulations
The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of
In formulating regulations for the protection of such timberlands against fire, the Secretary is authorized, in his discretion, to consult and advise with Federal, State, and county agencies engaged in forest-fire-protection work, and to make agreements with such agencies for the cooperative administration of fire regulations therein: Provided, That rules and regulations for the protection of the revested lands from fire shall conform with the requirements and practices of the State of Oregon insofar as the same are consistent with the interests of the United States.
(Aug. 28, 1937, ch. 876, title I, §5,
Section Referred to in Other Sections
This section is referred to in
§1181f. Oregon and California land-grant fund; annual distribution of moneys
On and after March 1, 1938, all moneys deposited in the Treasury of the United States in the special fund designated the "Oregon and California land-grant fund" shall be distributed annually as follows:
(a) Fifty per centum to the counties in which the lands revested under the Act of June 9, 1916 (
(b) Twenty-five per centum to said counties as money in lieu of taxes accrued or which shall accrue to them prior to March 1, 1938, under the provisions of the Act of July 13, 1926 (
From and after payment of the above accrued taxes said 25 per centum shall be accredited annually to the general fund in the Treasury of the United States until all reimbursable charges against the Oregon and California land-grant fund owing to the general fund in the Treasury have been paid: Provided, That if for any year after the extinguishment of the tax indebtedness accruing to the counties prior to March 1, 1938, under the provisions of Forty-fourth Statutes, page 915, the total amount payable under subsection (a) of this section is less than 78 per centum of the aggregate amount of tax claims which accrued to said counties under said Act for the year 1934, there shall be additionally payable for such year such portion of said 25 per centum (but not in excess of three-fifths of said 25 per centum), as may be necessary to make up the deficiency. When the general fund in the Treasury has been fully reimbursed for the expenditures which were made charges against the Oregon and California land-grant fund said 25 per centum shall be paid annually, on or after September 30, to the several counties in the manner provided in subsection (a) of this section.
(c) Twenty-five per centum to be available for the administration of
(Aug. 28, 1937, ch. 876, title II, §201,
References in Text
Act of June 9, 1916, referred to in subsec. (a), is act June 9, 1916, ch. 137,
Act of July 13, 1926 (
Codification
Section comprises all of section 201 of act Aug. 28, 1937, title II, except a second paragraph of subsec. (c) of that section which is set out as a Repeals note under
Amendments
1976—Subsec. (b).
1954—Subsec. (a). Act June 24, 1954, inserted proviso relating to determination of assessment.
Sharing of Bureau of Land Management Timber Sale Receipts
"(a)
"(1)
"(A) for fiscal year 1994, 85 percent; and
"(B) for each of fiscal years 1995 through 2003, 3 percentage points less than the applicable percentage for the preceding fiscal year.
"(2) 50-
"(3)
"(A) the applicable percentage; by
"(B) the annual average of the 50-percent payments to counties made to a county pursuant to such Acts during the 5-year period consisting of fiscal years 1986 through 1990.
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) the special payment amount; or
"(ii) the share of the 50-percent payments to counties allocable to the county."
Cross References
Provisions respecting administration, management and consolidation of certain national forest lands as not affecting status of Oregon and California Railroad grant lands, see
Section Referred to in Other Sections
This section is referred to in
§1181f–1. Coos Bay Wagon Road grant fund; annual payments; appraisal and assessment of land and timber; computation of payments
Beginning with the fiscal year next following May 24, 1939, not to exceed 75 per centum of the receipts derived in any one year from the Coos Bay Wagon Road grant lands in Oregon and deposited in the special fund in the Treasury created by the Act of February 26, 1919 (
(May 24, 1939, ch. 144, §1,
References in Text
Act of February 26, 1919, referred to in text, is act Feb. 26, 1919, ch. 47,
Repeals
Section 5 of act May 24, 1939, provided that: "All Acts or parts of Acts inconsistent with this Act [
Section Referred to in Other Sections
This section is referred to in
§1181f–2. Appraisal of land and timber; manner and frequency; computation of amounts upon basis of last appraisement; deduction of appraisement expenses
Appraisals of the land and timber thereon shall be made, in the manner prescribed in
(May 24, 1939, ch. 144, §2,
Section Referred to in Other Sections
This section is referred to in
§1181f–3. Additional sum from surplus for meeting payments due from insufficient annual receipts; maximum aggregate of decennial payments; covering of excess receipts into general fund of Treasury
If, during any one year, 75 per centum of the receipts are insufficient fully to meet the payments due the counties hereunder, the Secretary of the Treasury, upon certification by the Secretary of the Interior, may pay an additional sum from any surplus of 75 per centum of prior year receipts: Provided, however, That in no event shall the aggregate of payments during any ten-year period commencing with the period beginning July 1, 1940, exceed 75 per centum of the receipts deposited in the Treasury to the credit of the Coos Bay Wagon Road grant fund for such period: Provided further, That at the end of each ten-year period, any balance of the 75 per centum not required for payments to the counties shall be covered into the general fund of the Treasury of the United States.
(May 24, 1939, ch. 144, §3,
Section Referred to in Other Sections
This section is referred to in
§1181f–4. Amount available for administration of Coos Bay Wagon Road grant lands under sections 1181a to 1181f of this title ; covering of unused receipts into general fund of Treasury
Not to exceed 25 per centum of the annual receipts shall be available, in such amounts as the Congress shall from time to time appropriate for the administration of
(May 24, 1939, ch. 144, §4,
Section Referred to in Other Sections
This section is referred to in
§1181g. Unselected and unpatented odd-numbered sections as revested grant lands; administration as national-forest lands; revenues; prohibition against disposition or exchange
Those unselected and unpatented odd-numbered sections within the indemnity limits of the Oregon and California Railroad land grant authorized by the Act of July 25, 1866 (
(June 24, 1954, ch. 357, §1(a),
References in Text
Acts July 25, 1866, April 10, 1869, and June 9, 1916, referred to in text, are acts July 25, 1866, ch. 242,
This Act, referred to in text, is act June 24, 1954, ch. 357,
Codification
Section constitutes subsec. (a) of section 1 of act June 24, 1954. Subsec. (b) of section 1 amended
Section Referred to in Other Sections
This section is referred to in
§1181h. Exchange of jurisdiction between Secretaries; conditions; publication in Federal Register
The Secretary of the Interior and the Secretary of Agriculture are authorized and directed, within two years after June 24, 1954, to exchange administrative jurisdiction of revested Oregon and California Railroad grant lands lying within the boundaries of any national forest or within two miles of such boundaries, and national-forest lands of approximately equal aggregate value, when by such exchange the administration of the lands will be facilitated. Such exchanges shall be made subject to outstanding contracts, permits or other existing rights: Provided, That the said national-forest lands, administrative jurisdiction of which is transferred to the Secretary of the Interior, shall be excluded from the national forest and shall become subject to administration under the same provisions of law as the revested lands in exchange for which they were transferred, and the revested lands, administrative jurisdiction of which is transferred to the Secretary of Agriculture, shall become a part of the national forests subject to administration under the laws applicable to national forests: Provided further, That subject to the requirement of approximate equal aggregate value for the overall exchange, the revested lands and the national-forest lands, administrative jurisdiction of which is exchanged in any county, shall be approximately equal in area unless otherwise agreed to by the counties concerned. The exchanges provided for in this section shall in each case be evidenced by an order signed by the Secretary of the Interior and the Secretary of Agriculture and such orders shall be transmitted to the Division of the Federal Register for filing and publication.
(June 24, 1954, ch. 357, §2,
Cross References
Documents required by act of Congress to be published in Federal Register, see
Section Referred to in Other Sections
This section is referred to in
§1181i. Designation of national-forest areas within counties; disposition of revenues; approval by court
For the purpose of consolidating and thereby facilitating administration and accounting the Secretary of Agriculture is authorized to designate in the several counties in which the lands described in
(June 24, 1954, ch. 357, §3,
Section Referred to in Other Sections
This section is referred to in
§1181j. Appropriations to carry out sections 1181h and 1181i
For the purpose of carrying out the provisions of
(June 24, 1954, ch. 357, §4,
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER VI—DISPOSAL OF MATERIALS ON PUBLIC LANDS
§§1185 to 1188. Transferred
Codification
Section 1185, acts July 31, 1947, ch. 406, §1,
Section 1186, act July 31, 1947, ch. 406, §2,
Section 1187, acts July 31, 1947, ch. 406, §3,
Section 1188, act July 31, 1947, ch. 406, §4, as added Aug. 31, 1950, ch. 830,
SUBCHAPTER VII—EVIDENCES OF TITLE
§§1191 to 1193. Repealed. Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792
Section 1191, R.S. §2471, related to falsely making or altering instruments concerning lands, mines, or minerals in California.
Section 1192, R.S. §2472, related to falsely dating evidence of title under Mexican authority to lands in California.
Section 1193, R.S. §2473, related to presenting false or counterfeited evidences of title to lands in California.
Effective Date of Repeal
Section 705(a) of
Savings Provision
Repeal by
SUBCHAPTER VIII—INDIAN LANDS
§1195. Negotiations for cession of lands
The Secretary of the Interior is authorized, in his discretion, to negotiate, through any United States Indian inspector, agreements with any Indians for the cession to the United States of portions of their respective reservations or surplus unallotted lands, any agreements thus negotiated to be subject to subsequent ratification by Congress.
(Mar. 3, 1901, ch. 832, §1,
Codification
Section was not enacted as part of act July 6, 1954, ch. 463,
§1196. Classification and appraisement of unallotted and unreserved lands
The Secretary of the Interior is authorized to cause to be classified or reclassified and appraised or reappraised, in such manner as he may deem advisable, the unallotted or otherwise unreserved lands within any Indian reservation opened to settlement and entry but not classified and appraised in the manner provided for in the Act or Acts opening such reservations to settlement and entry, or where the existing classification or appraisement is, in the opinion of the Secretary of the Interior, erroneous.
(June 6, 1912, ch. 155,
Codification
Section was not enacted as part of act July 6, 1954, ch. 463,
§1197. Agreements with Indians not affected
Nothing in this act shall change, repeal, or modify any agreements or treaties made with any Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements; except as provided in sections 161 and 162 1 of this title.
(Mar. 3, 1891, ch. 561, §10,
References in Text
This act, referred to in text, means act Mar. 3, 1891, ch. 561,
Codification
Section was not enacted as part of act July 6, 1954, ch. 463,
1 See References in Text note below.
§1198. Condemnation of Sioux lands for dam purposes; negotiation of contracts
The Chief of Engineers, Department of the Army, and the Secretary of the Interior, jointly representing the United States of America are authorized and directed to negotiate separate contracts containing the provisions outlined in this subchapter with the Sioux Indians of the Lower Brule Reservation, South Dakota, and with the Sioux Indians of the Crow Creek Reservation, South Dakota, acting through representatives of each tribe appointed for such purpose by its tribal council.
(July 6, 1954, ch. 463, §1,
Section Referred to in Other Sections
This section is referred to in
§1199. Provisions to be included in contracts for condemnation of Sioux lands for dam purposes
The contract with each tribe negotiated pursuant to
(a) convey to the United States title to all tribal, allotted, assigned, and inherited lands or interests therein belonging to the Indians of the tribe, and title to all undivided interests in such allotted or inherited lands owned by non-Indians or by Indian nonmembers of the tribe, required by the United States for the reservoir to be created by the construction of the dams across the Missouri River in South Dakota, to be known as Fort Randall Dam, including such lands along the margins as may be required by the Chief of Engineers, Department of the Army, for the protection, development, and use of said reservoir: Provided, That the contract may provide for retention by the owners of any oil and gas rights in such lands that are not needed by the United States for the protection of such dam and reservoir;
(b) provide for the payment of—
(1) just compensation for the lands and improvements and interests therein conveyed by the contract;
(2) costs of relocating the tribe and its members who reside upon the lands conveyed by the contract in a manner that will reestablish and protect their economic, social, religious, and community life;
(3) costs of relocating Indian cemeteries, tribal monuments, and shrines located upon the lands conveyed by the contract.
(c) Provide a schedule of dates for the orderly removal of the Indians and their personal property from the taking area of the Fort Randall Reservoir within the reservation; and
(d) State that the payments authorized to be made shall be in full and complete settlement of all claims by the tribe and its members against the United States arising because of the construction of the Fort Randall project.
(July 6, 1954, ch. 463, §2,
Change of Name
Fort Randall Reservoir redesignated Lake Francis Case by
Section Referred to in Other Sections
This section is referred to in
§1200. Judicial determination where compensation for condemnation of Sioux lands for dam purposes rejected
The just compensation payable for the individual property of any person conveyed pursuant to subsection (a) of
(July 6, 1954, ch. 463, §3,
§1200a. Preparation of appraisal schedule in determining just compensation for condemnation of Sioux lands for dam purposes; contents; transmittal to tribal representatives
To assist the negotiators in arriving at the amount of just compensation payable for the property conveyed pursuant to subsection (a) of
(July 6, 1954, ch. 463, §4,
§1200b. Inclusion of other provisions in contracts for condemnation of Sioux lands for dam purposes
The specification in
(July 6, 1954, ch. 463, §5,
§1200c. Submission of contracts and reports covering disagreements on condemnation of Sioux lands for dam purposes; ratification; effect
Each contract negotiated pursuant to this subchapter shall be submitted to the Congress for approval. The Chief of Engineers, Department of the Army, and the Secretary of the Interior are requested to submit such contract within one year from July 6, 1954. If the negotiating parties are unable to agree on a proposed contract each party shall submit to the Congress separate detailed reports of the negotiations, together with their recommendations. In the event the negotiating parties are unable to agree on any provision in the proposed contracts such provision shall be included in an appendix to the contract, together with the views of each party, for consideration and determination by Congress. The contract shall not take effect unless, after determination of any disputed provision, it is ratified by Act of Congress and is ratified within six months after such action by the Congress by a majority of the adult members of the tribe: Provided, That when so ratified the contract shall constitute a taking by the United States as of the date the contract was signed by the Chief of Engineers, Department of the Army, and the Secretary of the Interior, for purposes of determining the ownership of the Indian tribal, allotted, and assigned lands and interests therein.
(July 6, 1954, ch. 463, §6,
§1200d. Effect of condemnation of Sioux lands for dam purposes on construction of Fort Randall Dam
Nothing in this subchapter shall be construed to restrict completion of the Fort Randall Dam to provide flood protection and other benefits on the Missouri River.
(July 6, 1954, ch. 463, §7,
Change of Name
Fort Randall Reservoir redesignated Lake Francis Case by
§1200e. Authorization of appropriations for relocating certain Sioux tribe members after condemnation of lands for dam purposes; conditions; title to lands acquired
There is authorized to be appropriated to the Secretary of the Interior the sum of $106,500, which shall be available until expended for the purpose of relocating the members of the Yankton Sioux Tribe, South Dakota, who reside or have resided, on tribal and allotted lands acquired by the United States for the Fort Randall Dam and Reservoir project, Missouri River Development, in a manner that will reestablish and protect their economic, social, religious, and community life. Title to any lands acquired within Indian country pursuant to this section shall be taken in the name of the United States in trust for the Yankton Sioux Tribe or members thereof. The said sum of $106,500 shall be assessed against the costs of the Fort Randall Dam and Reservoir, Missouri River Development.
(July 6, 1954, ch. 463, §8,
Change of Name
Fort Randall Reservoir redesignated Lake Francis Case by
SUBCHAPTER IX—ENFORCEMENT OF PROVISIONS
§1201. Power of Secretary or designated officer
The Secretary of the Interior, or such officer as he may designate, is authorized to enforce and carry into execution, by appropriate regulations, every part of the provisions of title 32 of the Revised Statutes not otherwise specially provided for.
(R.S. §2478; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876,
References in Text
Title 32 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 32 of the Revised Statutes, consisting of R.S. §§2207 to 2490. For complete classification of R.S. §§2207 to 2490 to the Code, see Tables.
Codification
R.S. §2478 derived from acts Sept. 28, 1850, ch. 84, §§1, 4,
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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
"Secretary of the Interior or such officer as he may designate" substituted for "Commissioner of the General Land Office, under the directions of the Secretary of the Interior" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
SUBCHAPTER X—OATHS IN CERTAIN LAND MATTERS
§1211. Elimination of oaths for written statements; discretion of Secretary of the Interior
Written statement in public land matters within the jurisdiction of the Department of the Interior, heretofore required by law to be made under oath, need no longer be made under oath unless the Secretary of the Interior shall, in his discretion, so require.
(June 3, 1948, ch. 392, §1,
§1212. Unsworn written statements subject to penalties of presenting false claims
Unsworn written statements made in public land matters within the jurisdiction of the Department of the Interior shall remain subject to
(June 3, 1948, ch. 392, §2,
Codification
"
Exemption of Department of the Interior From Provisions of District of Columbia Code §1–501
Section 3 of act June 3, 1948, provided: "That part of section 558 of the Act of March 3, 1901, entitled 'An Act to establish a code of law for the District of Columbia' (
SUBCHAPTER XI—WISCONSIN RIVER AND LAKE LAND TITLES
§1221. Issuance of patents; application
Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract of public land, lying between the meander line of an inland lake or river in Wisconsin as originally surveyed and the meander line of that lake or river as subsequently resurveyed, has been held in good faith and in peaceful, adverse possession by a person, or his predecessors in interest, who had been issued a patent, prior to January 21, 1953, for lands lying along the meander line as originally determined, the Secretary of the Interior shall cause a patent to be issued to such person for such land upon the payment of the same price per acre as that at which the land included in the original patent was purchased and upon the same terms and conditions. All persons seeking to purchase lands under this subchapter shall make application to the Secretary within one year from August 24, 1954, or from the date of the official filing of the plat or resurvey, whichever is later, and the Secretary of the Interior shall cause no patents to be issued for land lying between the original meander line and the resurveyed meander line until the conclusion of such periods.
(Aug. 24, 1954, ch. 900, §1,
Section Referred to in Other Sections
This section is referred to in
§1222. Notice of opening of lands to purchase
Upon the filing of a plat of resurvey under
(Aug. 24, 1954, ch. 900, §2,
§1223. Valid existing rights unaffected
Nothing in this subchapter shall affect valid existing rights.
(Aug. 24, 1954, ch. 900, §3,
SUBCHAPTER XII—MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR
§§1231 to 1234. Repealed. Pub. L. 91–646, title II, §220(a)(1), Jan. 2, 1971, 84 Stat. 1903
Section 1231,
Section 1232,
Section 1233,
Section 1234,
Effective Date of Repeal
Repeal effective Jan. 2, 1971, see section 221 of
Savings Provision
Any rights or liabilities existing under provisions repealed by section 220(a) of
SUBCHAPTER XIII—STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS
§1241. Control of noxious plants on Government lands; State programs; terms of entry
The heads of Federal departments or agencies are authorized and directed to permit the commissioner of agriculture or other proper agency head of any State in which there is in effect a program for the control of noxious plants to enter upon any lands under their control or jurisdiction and destroy noxious plants growing on such land if—
(1) such entry is in accordance with a program submitted to and approved by such department or agency: Provided, That no entry shall occur when the head of such Federal department or agency, or his designee, shall have certified that entry is inconsistent with national security;
(2) the means by which noxious plants are destroyed are acceptable to the head of such department or agency; and
(3) the same procedure required by the State program with respect to privately owned land has been followed.
(
Section Referred to in Other Sections
This section is referred to in
§1242. Reimbursement of States for expenses
Any State incurring expenses pursuant to
(
§1243. Authorization of appropriations
There are hereby authorized to be appropriated to departments or agencies of the Federal Government such sums as the Congress may determine to be necessary to carry out the purposes of this subchapter.
(