[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: 43CFR2623.0-8]

[Page 173-174]
 
                    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. 2623.0-8  Lands subject to selection.

    (a) Lands included in grant. (1) Section 2 of the Act of January 25, 
1927 (44 Stat. 1027; 43 U.S.C. 871) reads as follows:

    Sec. 2. That nothing herein contained is intended or shall be held 
or construed to increase, diminish, or affect the rights of States under 
grants other than for the support of common or public schools by 
numbered school sections in place, and this Act shall not apply to 
indemnity of lieu selections or exchanges or the right hereafter to 
select indemnity for numbered school sections in place lost to the State 
under the provisions of this or other Acts, and all existing laws 
governing such grants and indemnity or lieu selections and exchanges are 
hereby continued in full force and effect.

    (2) The only grants affected in any way by the provisions of the Act 
of January 25, 1927, are those of numbered sections of land in place 
made to the States for the support of common or public schools. The 
adjudication of claims to land asserted under other grants, for 
indemnity or lieu lands and exchanges of lands, will proceed as 
theretofore, being governed by the provisions of existing laws 
applicable thereto. The States will be afforded full opportunity, 
however, if the facts and conditions are such as to authorize such 
action, either to assign new base in support of or to withdraw pending 
unapproved indemnity school land selections in support of which mineral 
school-section lands have been tendered as base.
    (b) Lands excluded from grant. (1) Subsection (c) of section 1 of 
the Act of January 25, 1927, provides:

    That any lands included within the limits of existing reservations 
of or by the United States, or specifically reserved for waterpower 
purposes, or included in any pending suit or proceedings in the courts 
of the United States, or subject to or included in any valid 
application, claim, or right initiated or held under any of the existing 
laws of the United States, unless or until such application, claim, or 
right is relinquished or canceled, and all lands in the Territory of 
Alaska are excluded from the provisions of this act.

    (2) School-section lands included within the limits of existing 
reservations of or by the United States, specifically reserved for 
waterpower purposes, or included in any suit or proceedings in the 
courts of the United States, prior to January 25, 1927, and all lands in 
Alaska are excluded from the provisions of the Act. (Sec. 2623.4)
    (3) The words existing reservation as used in subsection (c) are 
construed generally and subject to specific determination in particular 
cases if the need therefor shall arise, as including Indian and military 
reservations, naval and petroleum reserves, national parks, national 
forests, stock driveways, reservations established under the Act of June 
25, 1910 (36 Stat. 847; 43 U.S.C. 141-

[[Page 174]]

143), as amended by the Act of August 24, 1912 (37 Stat. 497; 43 U.S.C. 
142), and all forms of Executive withdrawal recognized and construed by 
the Department of the Interior as reservations, existent prior to 
January 25, 1927.