43 USC Ch. 16: SALE AND DISPOSAL OF PUBLIC LANDS

From Title 43—PUBLIC LANDS

CHAPTER 16—SALE AND DISPOSAL OF PUBLIC LANDS

Sec.

671 to 687b–5. Repealed.

687c.

Alaskan land leases for fur farming; citizenship; acreage limitation; period; terms and conditions; laws applicable to mineral resources; reservations.

687c–1.

Execution of provisions of section 687c; authority of Secretary of the Interior.

688 to 700. Repealed.

§671. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section, act Mar. 3, 1891, ch. 561, §9, 26 Stat. 1099, prohibited sale of public lands except under certain conditions.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§672. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, R.S. §2353, required public lands, offered at public sale, to be offered in half quarter sections.

§§673 to 676. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 673, R.S. §2354, authorized private sales of all public lands in entire, half, etc., sections.

Section 674, R.S. §2355; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, required a memorandum in connection with application for purchase of public land at private sale.

Section 675, act May 18, 1898, ch. 344, §2, 30 Stat. 418, set forth requirements for private sale of public lands in Missouri.

Section 676, R.S. §2365; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized sale of public land to highest bidder at the private sale of land.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

Savings Provision

§677. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, R.S. §2356, related to credit on sales and payment of price.

§§678 to 682. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 678, R.S. §2357, related to acreage price for public lands offered for sale.

Section 679, act June 15, 1880, ch. 227, §3, 21 Stat. 238, related to acreage price for alternate sections of railroad lands offered for sale.

Section 680, act June 15, 1880, ch. 227, §4, 21 Stat. 238, excepted former section 679 of this title from applicability to mineral lands of the United States.

Section 681, act Mar. 2, 1889, ch. 381, §4, 25 Stat. 854, related to price of forfeited railroad lands and adjacent lands.

Section 682, act Mar. 1, 1907, ch. 2286, 34 Stat. 1052, authorized sale of public lands for cemetery purposes and set forth the price for such acreage.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

Savings Provision

§§682a to 682e. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 682a, acts June 1, 1938, ch. 317, §1, 52 Stat. 609; July 14, 1945, ch. 298, 59 Stat. 467; June 8, 1954, ch. 270, 68 Stat. 239, related to sale or lease of small tracts for residence, recreation, business, or community site purposes.

Section 682b, act June 1, 1938, ch. 317, §2, as added June 8, 1954, ch. 270, 68 Stat. 239, related to minimum selling price and reservation of mineral rights.

Section 682c, act June 1, 1938, ch. 317, §3, as added June 8, 1954, ch. 270, 68 Stat. 239, related to qualifications of lessees and purchasers.

Section 682d, act June 1, 1938, ch. 317, §4, as added June 8, 1954, ch. 270, 68 Stat. 240, related to sales or leases to employees of Department of the Interior stationed in Alaska.

Section 682e, act June 1, 1938, ch. 317, §5, as added June 8, 1954, ch. 270, 68 Stat. 240, related to application of sections 682a to 682e of this title to certain revested grant lands in Oregon and conditions on lease of such lands.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787, provided that the repeal made by section 702 is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

§§683 to 687. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section 683, R.S. §2364, related to minimum price for sale of public lands.

Section 684, R.S. §2358, related to authorization of President to cause public lands to be offered for sale.

Section 685, R.S. §2359, related to advertising of sale of public lands.

Section 686, act Jan. 12, 1877, ch. 18, §2, 19 Stat. 221, related to publication of all executive proclamations relating to sale of public lands.

Section 687, R.S. §2360, related to duration of sale of public lands.

§§687a to 687a–3. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 687a, acts May 14, 1898, ch. 299, §10, 30 Stat. 413; Mar. 3, 1927, ch. 323, 44 Stat. 1364; May 26, 1934, ch. 357, 48 Stat. 809; Aug. 23, 1958, Pub. L. 85–725, §3, 72 Stat. 730, related to purchase rights, price and limits of acreage, and access to waterfront.

Section 687a–1, act Apr. 29, 1950, ch. 137, §5, 64 Stat. 95, related to filing of notice of claim, and effect of failure to file.

Section 687a–2, acts May 14, 1898, ch. 299, §10, 30 Stat. 413; Aug. 3, 1955, ch. 496, §2, 69 Stat. 444, related to entry on lands abutting on navigable waters.

Section 687a–3, act May 14, 1898, ch. 299, §10, 30 Stat. 413, related to multiple claimants of the same tract.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976.

Savings Provision

§687a–4. Repealed. Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792

Section, act May 14, 1898, ch. 299, §10, 30 Stat. 413, authorized reservation of landing places along water front for natives of Alaska. Section was formerly classified to section 464 of Title 48, Territories and Insular Possessions.

Section was additionally repealed by Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, effective on and after the tenth anniversary of the date of approval of this Act, Oct. 21, 1976.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 704(a) is effective on and after Oct. 21, 1976.

Savings Provision

§§687a–5 to 687b–4. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 687a–5, act May 14, 1898, ch. 299, §10, 30 Stat. 413, excepted certain islands.

Section 687a–6, acts Mar. 3, 1891, ch. 561, §13, 26 Stat. 1100; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to surveys and deposits for covered lands.

Section 687b, act Aug. 30, 1949, ch. 521, §1, 63 Stat. 679, related to Alaskan lands subject to sale for industrial, commercial, and housing construction purposes.

Section 687b–1, act Aug. 30, 1949, ch. 521, §2, 63 Stat. 679, related to minimum selling price.

Section 687b–2, acts Aug. 30, 1949, ch. 521, §3, 63 Stat. 679; Oct. 21, 1976, Pub. L. 94–579, title VII, §703(d), 90 Stat. 2791, related to liability for damages caused by mining and preservation of existing rights.

Section 687b–3, act Aug. 30, 1949, ch. 521, §4, 63 Stat. 679, related to inapplicability of certain provisions.

Section 687b–4, act Aug. 30, 1949, ch. 521, §5, 63 Stat. 679, related to promulgation of rules and regulations.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Savings Provision

§687b–5. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section, Pub. L. 88–66, July 19, 1963, 77 Stat. 80, required applicability of equitable principles by Secretary of the Interior upon submission of proof of compliance with land use requirements after prescribed period. Section was formerly classified to section 364f of Title 48, Territories and Insular Possessions.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

Savings Provision

§687c. Alaskan land leases for fur farming; citizenship; acreage limitation; period; terms and conditions; laws applicable to mineral resources; reservations

The Secretary of the Interior, in order to encourage and promote development of production of furs in the Territory of Alaska, is authorized to lease to corporations organized under the laws of the United States, or of any state or Territory thereof, citizens of the United States, or associations of such citizens, public lands of the United States in the Territory of Alaska suitable for fur farming, in areas not exceeding six hundred and forty acres, and for periods not exceeding ten years, upon such terms and conditions as he may by general regulations prescribe: Provided, That where leases are given hereunder for islands or lands within the same, such lease may, in the discretion of the Secretary of the Interior, be for an area not to exceed thirty square miles: Provided further, That nothing herein contained shall prevent the prospecting, locating, development, entering, leasing, or patenting of the mineral resources of any lands so leased under laws applicable thereto: And provided further, That this section shall not be held nor construed to apply to the Pribilof Islands, declared a special reservation by section 646 ¹ of title 16: And provided further, That any permit or lease issued under this section shall reserve to the Secretary of the Interior the right to permit the use and occupation of parts of said leased areas for the taking, preparing, manufacturing, or storing of fish or fish products, or the utilization of the lands for purposes of trade or business, to the extent and in the manner provided by existing laws or laws which may be enacted after July 3, 1926.

(July 3, 1926, ch. 745, §1, 44 Stat. 821.)

Editorial Notes

References in Text

Section 646 of title 16, referred to in text, was repealed by act Feb. 26, 1944, ch. 65, §18, 58 Stat. 104. See sections 1161, 1162, and 1167 of Title 16, Conservation.

Codification

Section was formerly classified to section 360 of Title 48, Territories and Insular Possessions.

Executive Documents

Admission of Alaska as State

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

¹ See References in Text note below.

§687c–1. Execution of provisions of section 687c; authority of Secretary of the Interior

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 section 687c of this title into effect, including provisions for the forfeiture of any lease for failure to stock the same with fur-bearing animals within a period of one year from the date of the lease, or in the event of the devotion of the lease area primarily to any purpose other than the rearing of such fur-bearing animals.

(July 3, 1926, ch. 745, §2, 44 Stat. 822.)

Editorial Notes

Codification

Section was formerly classified to section 361 of Title 48, Territories and Insular Possessions.

§§688 to 700. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 688, R.S. §2361; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized issuance of multiple certificates in cases of two or more purchasers of same section of land.

Section 689, R.S. §2362, authorized refund of purchase money by the Secretary of the Interior.

Section 690, R.S. §2363, related to sources of funds for repayment.

Section 691, R.S. §2368, authorized purchase of lands located in good faith by claims arising under treaty of Sept. 30, 1854.

Section 692, R.S. §2366, authorized receipt of foreign coins in payment for purchases.

Section 693, R.S. §2369; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to mistakes in entry of public lands purchased at private sale.

Section 694, R.S. §2370; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to mistakes in issuance of patents for lands.

Section 695, R.S. §2371, related to applicability of sections 693 and 694 of this title for mistakes in location of warrants.

Section 696, R.S. §2374, prohibited agreements to pay premiums to purchasers of public lands.

Section 697, R.S. §2372; acts Feb. 24, 1909, ch. 181, 35 Stat. 645; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; May 21, 1926, ch. 353, 44 Stat. 591; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to errors in entry, selection or location of public lands.

Section 698, R.S. §2375, authorized recovery of premiums paid under section 696 of this title.

Section 699, R.S. §2376, authorized discovery of agreements authorizing payments under section 696 of this title.

Section 700, act Mar. 2, 1889, ch. 381, §1, 25 Stat. 854, authorized private entry onto public lands of United States only in Missouri.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.