[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: 43CFR2623.0-3]

[Page 172-173]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2620_STATE GRANTS--Table of Contents
 
 Subpart 2623_School Land Grants to Certain States Extended To Include 
                            Mineral Sections
 
Sec. 2623.0-3  Authority.

    Source: 35 FR 9609, June 18, 1970, unless otherwise noted.


    (a) The first paragraph of section 1 of the Act approved January 25, 
1927 (44 Stat. 1026; 43 U.S.C. 870), reads as follows:

    That, subject to the provisions of paragraphs (a), (b), and (c) of 
this section, the several grants to the States of numbered sections in 
place for the support or in aid of common or public schools be, and they 
are hereby, extended to embrace numbered school sections mineral in 
character, unless land has been granted to and/or selected by and 
certified or approved, to any such State or States as indemnity or in 
lieu of any land so granted by numbered sections.

    (b) The beneficiaries of this grant are the States of Arizona, 
California, Colorado, Idaho, Montana, Nebraska, New Mexico, North 
Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. The grant 
also extends to the unsurveyed school sections reserved, granted, and 
confirmed to the State of Florida by the Act of Congress approved 
September 22, 1922 (42 Stat. 1017; 16 U.S.C. 483, 484).
    (c) The additional grant thus made, subject to all the conditions in 
the statute making same, applies to school-section lands known to be of 
mineral character at the effective date

[[Page 173]]

thereof as hereinafter defined. It does not include school-section lands 
nonmineral in character, those not known to be mineral in character at 
time of grant, but afterwards found to contain mineral deposits, such 
lands not being excepted from the grants theretofore made (Wyoming et 
al. v. United States, 255 U.S. 489-500, 501, 65 L. ed. 742-748), nor 
does it include lands in numbered school sections in lieu of or as 
indemnity for which lands were conveyed to the States first above named, 
or to the State of Florida with respect to school-section lands coming 
within the purview of the Act of September 22, 1922, prior to January 
25, 1927.
    (d) Determinations made prior to January 25, 1927, by the Secretary 
of the Interior or the Commissioner of the General Land Office to the 
effect that lands in school sections were excepted from school-land 
grants because of their known mineral character do not, of themselves, 
prevent or affect in any way the vesting of title in the States pursuant 
to the provisions of the statute making the additional grant.
    (e) Subsection (a) of section 1 of the Act provides:

    That the grant of numbered mineral sections under this Act shall be 
of the same effect as prior grants for the numbered nonmineral sections, 
and title to such numbered mineral sections shall vest in the States at 
the time and in the manner and be subject to all the rights of adverse 
parties recognized by existing law in the grants of numbered nonmineral 
sections.