43 USC Ch. 1: BUREAU OF LAND MANAGEMENT

From Title 43—PUBLIC LANDS

CHAPTER 1—BUREAU OF LAND MANAGEMENT

Sec.

Repealed.

Duties concerning public lands.

3 to 5.

Repealed or Omitted.

Duties of employees to certify, record, etc., patents.

7 to 10.

Repealed or Omitted.

11.

Restriction on officers, clerks, and employees.

12.

Seal, books, and records.

13.

Original papers on file as evidence.

14.

Returns relative to lands.

15.

Issuance and signing of patents by Secretary of the Interior; delegation of authority; notice.

16.

Engrossing and recording patents.

17.

Plats of land surveyed.

18.

Copies of papers filed.

19 to 25b.

Repealed.

§1. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632

Section, R.S. §446; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided that there shall be in the Department of the Interior a Director of the Bureau of Land Management. Provision for a Bureau of Land Management in the Department of the Interior and for the structure of such Bureau is contained in section 403 of the 1946 Reorg. Plan No. 3, which is set out below.

Executive Documents

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, 64 Stat. 1262, set out under section 1451 of this title.

For transfer of records, property, personnel, and funds, see sections 1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set out in the Appendix to Title 5, Government Organization and Employees.

Bureau of Land Management Created

Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided:

"(a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior.

"(b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall receive a salary at the rate of $10,000 per annum, and who shall perform such duties as the Secretary of the Interior shall designate.

"(c) There shall be in the Bureau of Land Management an Associate Director of the Bureau of Land Management and so many Assistant Directors of the Bureau of Land Management as may be necessary, who shall be appointed by the Secretary of the Interior under the classified civil service and subject to the Classification Act of 1923, as amended, and who shall perform such duties as the Secretary of the Interior may prescribe.

"(d) The General Land Office, the Grazing Service, the offices of Commissioner of the General Land Office, Assistant Commissioner of the General Land Office, Director of the Grazing Service, all Assistant Directors of the Grazing Service, all registers of the district land offices, and United States Supervisor of Surveys, together with the Field Surveying Service now known as the Cadastral Engineering Service, are hereby abolished.

"(e) The Bureau of Land Management and its functions shall be administered subject to the direction and control of the Secretary of the Interior, and the functions transferred to the Secretary by subsection (a) of this section shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of the Interior as he may designate."

§2. Duties concerning public lands

The Secretary of the Interior or such officer as he may designate shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government.

(R.S. §453; Feb. 18, 1875, ch. 80, §1, 18 Stat. 317; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

Codification

R.S. §453 derived from acts Apr. 25, 1812, ch. 68, §1, 2 Stat. 716; July 4, 1836, ch. 352, §1, 5 Stat. 107; June 6, 1874, ch. 223, 18 Stat. 62; Feb. 18, 1875, ch. 80, §1, 18 Stat. 317.

Statutory Notes and Related Subsidiaries

Bureau of Land Management Drug Enforcement Supplemental Authority

Pub. L. 99–570, title V, subtitle C, as added by Pub. L. 100–690, title VII, §6254(d)(3), Nov. 18, 1988, 102 Stat. 4365, provided that:

"SEC. 5061. SHORT TITLE.

"This subtitle may be cited as the 'Bureau of Land Management Drug Enforcement Supplemental Authority Act'.

"SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION.

"In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on Bureau of Land Management public lands, from amounts appropriated there are made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $1,500,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of additional and existing personnel, for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities."

Executive Documents

Transfer of Functions

"The Secretary of the Interior or such officer as he may designate shall perform" substituted for "The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior," on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§3. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 636

Section, acts July 11, 1890, ch. 667, §1, 26 Stat. 257; June 17, 1910, ch. 297, 36 Stat. 512, provided for the office of an assistant commissioner of the General Land Office, which was subsequently abolished by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. That Plan provided for a Bureau of Land Management, including an Associate Director and as many Assistant Directors as the Secretary of the Interior may find necessary. See note set out under section 1 of this title.

§3a. Omitted

Editorial Notes

Codification

Section, act June 5, 1942, ch. 336, §1, 56 Stat. 312, provided for assistant or deputy commissioners of the General Land Office and Bureau of Indian Affairs. Insofar as it related to the General Land Office it was superseded by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title. Provisions unaffected by the Plan relating to the Bureau of Indian Affairs are set out as section 2a of Title 25, Indians.

§§4, 5. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 641

Section 4, act May 22, 1908, ch. 186, 35 Stat. 225, which provided for a temporary assistant commissioner of the General Land Office, was superseded by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title.

Section 5, R.S. §447, provided for a recorder of the former General Land Office.

§6. Duties of employees to certify, record, etc., patents

It shall be the duty of such officers or employees of the Bureau of Land Management as may be designated by the Secretary of the Interior, in pursuance of instructions from the Secretary of the Interior or such officer as he may designate, to certify and affix the seal of the office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patents. They shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and shall prepare such copies and exemplifications of matters on file or recorded in the Bureau of Land Management as the Secretary or such officer may from time to time direct.

(R.S. §459; 1940 Reorg. Plan No. III, §4, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

Codification

R.S. §459 derived from acts Apr. 25, 1812, ch. 68, §8, 2 Stat. 717; July 4, 1836, ch. 352, §4, 5 Stat. 111.

Executive Documents

Transfer of Functions

"Bureau of Land Management" substituted for "General Land Office" and references to the Commissioner were changed to Secretary of the Interior or such officer as he may designate on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Office of Recorder of General Land Office abolished and functions of recorder directed to be exercised under direction and supervision of Secretary of the Interior, through such officers or employees of General Land Office as he may designate, on authority of section 4 of Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 8 and 9 of Reorg. Plan No. III of 1940 for provisions relating to transfer of records, property, personnel, and funds.

§7. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 641

Section, act May 22, 1908, ch. 186, 35 Stat. 225, authorized Secretary of the Interior to designate a temporary recorder for former General Land Office in certain cases. Reorg. Plan No. III of 1940, §4, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees, abolished office of Recorder of former General Land Office and provided that his functions should be exercised under direction and supervision of Secretary of the Interior through those officers or employees of former General Land Office as he might designate.

§8. Omitted

Editorial Notes

Codification

Section, act June 29, 1948, ch. 754, 62 Stat. 1114, provided for one clerk in the Bureau of Land Management to sign land patents, was from the Department of the Interior Appropriation Act, 1949, and was not repeated in subsequent appropriation acts.

A prior section 8, R.S. §450; acts June 19, 1878, ch. 329, 20 Stat. 183; May 24, 1922, ch. 199, 42 Stat. 552; Jan. 24, 1923, ch. 42, 42 Stat. 1174; June 5, 1924, ch. 264, 43 Stat. 391; Mar. 3, 1925, ch. 462, 43 Stat. 1142; May 10, 1926, ch. 277, 44 Stat. 456; Jan. 12, 1927, ch. 27, 44 Stat. 937; Mar. 7, 1928, ch. 137, 45 Stat. 202; Mar. 4, 1929, ch. 705, 45 Stat. 1564; May 14, 1930, ch. 273, 46 Stat. 281; Feb. 14, 1931, ch. 187, 46 Stat. 1117; Apr. 22, 1932, ch. 125, 47 Stat. 92; Feb. 17, 1933, ch. 98, 47 Stat. 822; Mar. 2, 1934, ch. 38, 48 Stat. 364; May 9, 1935, ch. 101, 49 Stat. 180; June 22, 1936, ch. 691, 49 Stat. 1761; Aug. 9, 1937, ch. 570, 50 Stat. 568; May 9, 1938, ch. 187, 52 Stat. 295; May 10, 1939, ch. 119, 53 Stat. 691; June 18, 1940, ch. 395, 54 Stat. 411; June 28, 1941, ch. 259, 55 Stat. 309; July 2, 1942, ch. 473, 56 Stat. 511; July 12, 1943, ch. 219, 57 Stat. 455; June 28, 1944, ch. 298, 58 Stat. 468; July 3, 1945, ch. 262, 59 Stat. 322; July 1, 1946, ch. 529, 60 Stat. 352; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; July 25, 1947, ch. 337, 61 Stat. 460, was repealed by act June 17, 1948, ch. 496, §2(a), (d), 62 Stat. 476.

§9. Repealed. June 17, 1948, ch. 496, §2(b), 62 Stat. 476

Section, R.S. §451; act June 19, 1878, ch. 329, 20 Stat. 183, provided for an assistant to sign land patents. See section 15 of this title.

§10. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645

Section, acts May 24, 1922, ch. 199, 42 Stat. 555; Jan. 24, 1923, ch. 42, 42 Stat. 1177, related to depositary acting for commissioner as receiver of public moneys.

§11. Restriction on officers, clerks, and employees

The officers, clerks, and employees in the Bureau of Land Management are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public land; and any person who violates this section shall forthwith be removed from his office.

(R.S. §452; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

Codification

R.S. §452 derived from acts Apr. 25, 1812, ch. 68, §10, 2 Stat. 717; July 4, 1836, ch. 352, §14, 5 Stat. 112.

Executive Documents

Transfer of Functions

"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 section 1 of this title.

§12. Seal, books, and records

The Secretary of the Interior or such officer as he may designate shall retain the charge of the seal adopted for the Bureau of Land Management which may continue to be used, and of the records, books, papers, and other property appertaining to the Bureau of Land Management.

(R.S. §454; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

Codification

R.S. §454 derived from act Apr. 25, 1812, ch. 68, §§4, 5, 2 Stat. 717.

Executive Documents

Transfer of Functions

"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 section 1 of this title.

§13. Original papers on file as evidence

Whenever the officer, as the Secretary of the Interior may designate, of any United States land office shall be served with a subpoena duces tecum or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of public lands or the final proof of residence and cultivation or any other original papers on file in the Bureau of Land Management of the United States on which a patent to land has been issued or which furnish the basis for such patent, it shall be the duty of such officer to at once notify the Secretary of the Interior, or such officer as he may designate, of the service of such process, specifying the particular papers he is required to produce, and upon receipt of such notice from any such officer of a United States land office the Secretary or such officer designated by him shall at once transmit to the officer of such land office the original papers specified in such notice, and which such officer is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the original papers upon which patent was issued; and such papers so authenticated shall be received in evidence in all courts of the United States and in the several State courts of the States of the Union: Provided, That the Secretary of the Interior shall make rules and regulations to secure the return of such documents to the Bureau of Land Management, after use in evidence, without cost to the United States.

(Apr. 19, 1904, ch. 1398, 33 Stat. 186; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Executive Documents

Transfer of Functions

References to Commissioner of General Land Office and registers of United States Land Offices changed to Secretary of the Interior or such officer as he may designate and "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 section 1 of this title.

§14. Returns relative to lands

All returns relative to the public lands shall be made to the Secretary of the Interior or such officer as he may designate.

(R.S. §456; July 31, 1894, ch. 174, §7, 28 Stat. 207; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

Codification

R.S. §456 derived from act Apr. 25, 1812, ch. 68, §9, 2 Stat. 717.

Executive Documents

Transfer of Functions

"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 1 of this title.

§15. Issuance and signing of patents by Secretary of the Interior; delegation of authority; notice

All patents for public lands shall be issued and signed by the Secretary of the Interior in the name of the United States: Provided, That the Secretary may delegate his authority under this section to officers or employees of the Department of the Interior, but notice of any such delegation shall be given by publication in the Federal Register.

(June 17, 1948, ch. 496, §1, 62 Stat. 476.)

Editorial Notes

Prior Provisions

A prior section 15, R.S. §458; 1940 Reorg. Plan No. III, §4 eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to issuance of patents, prior to repeal by section 2(c) of act June 17, 1948.

Executive Documents

Transfer of Functions

§16. Engrossing and recording patents

The engrossing and recording of patents for public lands may be done by means of typewriters or other machines, under regulations to be made by the Secretary of the Interior and approved by the President.

(Mar. 2, 1895, ch. 177, §3, 28 Stat. 807.)

§17. Plats of land surveyed

The Secretary of the Interior or such officer as he may designate shall, when required by the President or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of the Bureau of Land Management as shall be directed.

(R.S. §455; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

Codification

R.S. §455 derived from act Apr. 25, 1812, ch. 68, §6, 2 Stat. 717.

Executive Documents

Transfer of Functions

"Secretary of the Interior or such officer as he may designate" substituted for "Commissioner of the General Land Office" and "Bureau of Land Management" for "his office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§18. Copies of papers filed

Whenever any person claiming to be interested in or entitled to land, under any grant or patent from the United States, applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the Bureau of Land Management, for the person so applying.

(R.S. §460; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

Codification

R.S. §460 derived from acts Jan. 23, 1823, ch. 6, 3 Stat. 721; July 4, 1836, ch. 352, §7, 5 Stat. 111.

Executive Documents

Transfer of Functions

"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 section 1 of this title.

§§19 to 21. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section 19, R.S. §2469, related to certified copies of records of the General Land Office.

Section 20, R.S. §2470, related to exemplification of the records of the General Land Office as evidence.

Section 21, R.S. §461; acts Apr. 2, 1888, ch. 54, 25 Stat. 76; Oct. 12, 1888, ch. 1098, 25 Stat. 557; May 29, 1908, ch. 220, §15, 35 Stat. 469; June 5, 1920, ch. 235, §1, 41 Stat. 908, related to fees for exemplifications.

For Department of the Interior record provisions and Government records and papers, see section 1460 et seq. of this title, and section 1733 of Title 28, Judiciary and Judicial Procedure.

§22. Repealed. July 30, 1947, ch. 354, §2, 61 Stat. 522

Section, act June 5, 1920, ch. 235, 41 Stat. 908, related to cost of photolithographic copies of plats. See section 1460 of this title.

§23. Repealed. Pub. L. 86–649, title II, §202(b), July 14, 1960, 74 Stat. 507

Section, act Feb. 14, 1931, ch. 187, 46 Stat. 1118, prescribed fees for depositions in hearings in Bureau of Land Management. See section 1371 of this title. Similar provisions were contained in the following prior appropriation acts:

Mar. 3, 1925, ch. 462, 43 Stat. 1145.

June 5, 1924, ch. 264, 43 Stat. 395.

Jan. 24, 1923, ch. 42, 42 Stat. 1179.

May 24, 1922, ch. 199, 42 Stat. 558.

Mar. 3, 1915, ch. 75, 38 Stat. 855.

§24. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 646, 647

Section, acts May 10, 1926, ch. 277, 44 Stat. 456; Jan 12, 1927, ch. 27, 44 Stat. 938; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized payment of mileage for automobile travel.

§§25 to 25b. Repealed. Oct. 25, 1951, ch. 562, §1(25), 65 Stat. 639

Section 25, act May 28, 1926, ch. 415, §1, 44 Stat. 672, related to transfer of records of United States land office to any State upon closing of last United States land office in that State.

Section 25a, act May 28, 1926, ch. 415, §2, 44 Stat. 673, related to transfer of field notes and maps of United States land office to any State upon closing of last United States land office in that State.

Section 25b, act May 28, 1926, ch. 415, §3, 44 Stat. 673, related to requirement that State provide by law for preservation and access of records, field notes, and maps.

See section 3301 et seq. of Title 44, Public Printing and Documents.