[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR1871.0-3]

[Page 43-44]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 1870_ADJUDICATION PRINCIPLES AND PROCEDURES--Table of Contents
 
                         Subpart 1871_Principles
 
Sec. 1871.0-3  Authority.




                         Subpart 1871_Principles

Sec.
1871.0-3 Authority.
1871.1 Equitable adjudication.
1871.1-1 Cases subject to equitable adjudication.


[[Page 44]]


    Authority: R.S. 2450; 43 U.S.C. 1161.

    Source: 35 FR 9533, June 13, 1970, unless otherwise noted.



    The Act of September 20, 1922 (42 Stat. 857; 43 U.S.C. 1161-1163), 
as modified by section 403 of Reorganization Plan No. 3 of 1946 (60 
Stat. 1100), reads as follows:
    Sec. 1161. 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.
    Sec. 1162. 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.
    Sec. 1163. 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.