[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: 43CFR2631.0-8]



[Page 176-177]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2630_RAILROAD GRANTS--Table of Contents

 

Subpart 2631_Patents for Lands Sold by Railroad Carriers (Transportation 

                              Act of 1940)

 

Sec.  2631.0-8  Lands for which applications may be made.



    Subsection (b) of section 321, Part II, Title III, of the 

Transportation Act of 1940 provides that in the case of a railroad 

carrier, or a predecessor, which received a land grant to aid in the 

construction of any part of its railroad, the laws relating to 

compensation for certain Government transportation services shall 

continue to apply as though subsection (a) of section 321 had not been 

enacted unless the carrier shall file on or before September 18, 1941, 

with the Secretary of the Interior, in the form and manner prescribed by 

him, a release of any claim it may have to lands, interests in lands, 

compensation, or reimbursement on account of lands or interests in lands 

so granted, claimed to have been granted or claimed should have been 

granted. Section 321 provides further that nothing therein shall be 

construed as preventing the issuance of patents confirming the title to 

such uncertified or unpatented lands as the Secretary of the Interior 

shall find have been sold prior to September 18, 1940, to innocent 

purchasers for value. Subsection (b) of section 321 authorizing the 

issuance of such patents is not an enlargement of the grants, and does 

not extend them to lands not already covered thereby and, therefore, has 

no application to lands which for various reasons, such as mineral 

character, prior grants, withdrawals, reservations, or appropriation, 

were not subject to the grants. It does apply, however, to lands



[[Page 177]]



selected under remedial or lieu acts supplemental to the original grants 

as well as to primary and indemnity lands. Classification under section 

7 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 1269), as amended 

by the Act of June 26, 1936 (49 Stat. 1976; 43 U.S.C. 315f), will not be 

required where the sold land is such as the company was authorized by 

law to select.