Where settlements with a view to preemption or homestead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections or either of them have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State in which they lie, other lands of equal acreage are hereby appropriated and granted, and may be selected, in accordance with the provisions of section 852 of this title, by said State, in lieu of such as may be thus taken by preemption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted and may be selected, in accordance with the provisions of section 852 of this title, by said State where sections sixteen or thirty-six are, before title could pass to the State, included within any Indian, military, or other reservation, or are, before title could pass to the State, otherwise disposed of by the United States: Provided, That the selection of any lands under this section in lieu of sections granted or reserved to a State shall be a waiver by the State of its right to the granted or reserved sections. And other lands of equal acreage are also appropriated and granted, and may be selected, in accordance with the provisions of section 852 of this title, by said State to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever. And it shall be the duty of the Secretary of the Interior, without awaiting the extension of the public surveys, to ascertain and determine, by protraction or otherwise, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State shall be entitled to select indemnity lands to the extent of section for section in lieu of sections therein which have been or shall be granted, reserved, or pledged; but such selections may not be made within the boundaries of said reservation: Provided, however, That nothing in this section contained shall prevent any State from awaiting the extinguishment of any such military, Indian, or other reservation and the restoration of the lands therein embraced to the public domain and then taking the sections sixteen and thirty-six in place therein.
Notes of Decisions
Cited in
15
cases, 1954–1999 · leading case:
Andrus v. Utah, 446 U.S. 500 (1980).
Andrus v. Utah, 446 U.S. 500 (1980).
· cites it 12× “This provision reflected a congressional judgment that the ban on mineral land indemnity for lost mineral lands had denied the States the fair cross section of land values contemplated by the original numbered grants.”
Ute Indian Tribe v. State of Utah, 521 F. Supp. 1072 (D. Utah 1981).
“The denial of indemnity selections within the opened Uintah lands is consistent with 43 U.S.C. § 851 , which provides that “such selections may not be made within the boundaries of said reservation: .”
Masayesva v. Zah, 792 F. Supp. 1172 (D. Ariz. 1992).
· cites it 3× “the provisions of section [2275 and 2276] of the Revised Statutes, [ 43 U.S.C. §§ 851 and 852], and Acts amendatory thereof or supplementary thereto, are hereby made applicable thereto and to the selection of lands in lieu thereof bo the same extent as if sections two and…”
Brennan v. Udall, 251 F. Supp. 12 (D. Colo. 1966).
· cites it 2× “State of Utah involved construction of the 1958 School Lands Selection Act, 43 U.S.C.A. § 851 , which act specifies both oil and oil shale.”
West Coast Expl. Co. v. McKay Sec'y of Interior, 213 F.2d 582 (D.C. Cir. 1954).
“796 , 43 U.S.C.A. §§ 851 , 852), and of the settled public policy respecting mineral lands, and not as if the grant constituted the sole evidence of the legislative will; that when so read the grant did not disclose a purpose to include mineral lands although it was couched in…”
Oregon Ex Rel. Div. of State Lands v. Bureau of Land Mgmt., 676 F. Supp. 1047 (D. Or. 1987).
· cites it 15× “Some of these statutes were consolidated and codified in 1874, revised in 1891, later amended, and are now codified in 43 U.S.C. §§ 851 and 852. Another statute, the Forest Lieu Exchange Act (Forest Lieu Act) of June 4, 1897, Ch 2, 30 Stat.”
Askew v. Sonson, 409 So. 2d 7 (Fla. 1981).
“For these reasons Congress passed what is known as the "Lieu Land Statute" which authorized the state to select unappropriated government lands in lieu of the deficiency in the short sections.”
California Dep't of Health Servs. v. Babbitt, 46 F. Supp. 2d 13 (D.D.C. 1999).
“To acquire this land, the California State Lands Commission (“SLC”) submitted to BLM a series of school land indemnity applications beginning in 1987,' under 43 U.S.C. § 851 , seeking to acquire the Ward Valley site.”
State of Wyo. v. Andrus, 436 F. Supp. 933 (D. Wyo. 1977).
“§§ 870 , 871 (1970), and those *934 involving school indemnity selections, 43 U.S.C. §§ 851 , 852 (1970), were amended in 1932,1954,1956,1958,1960, and 1966.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.