[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR1871.0-3]



[Page 44-45]

 

                    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 45]]





    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.