[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: 43CFR2623.0-8]



[Page 169-170]

 

                    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 170]]



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.