[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: 43CFR2623.0-3]



[Page 168-169]

 

                    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 169]]



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.