§857 — Title 43 Public Lands | U.S. Code

Summary

Each new State that joins the United States after September 4, 1841 must be given public land so that, when added to any land it already received as a territory, the total equals 500,000 acres. The State’s legislature picks the parcels inside the State. Parcels must follow the normal survey sections and be at least 320 acres each. The land must be public and not set aside from sale by Congress or by a presidential proclamation, and choices can be made once the public lands in the State have been surveyed as the law requires.

Title 43, §857

Public Lands — Source: USLM XML via OLRC

There is granted, for purposes of internal improvement, to each new State admitted into the Union, after September 4, 1841, upon such admission, so much public land as, including the quantity that was granted to such State before its admission and while under a territorial government, will make five hundred thousand acres. The selections of lands, granted in this section, shall be made within the limits of each State so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved from sale by law of Congress or by proclamation of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. §§ 2378, 2379 derived from act Sept. 4, 1841, ch. 16, § 8, 5 Stat. 455.

Statutory Notes and Related Subsidiaries

Grants Not To Extend to AlaskaLand grant under Alaska Statehood provisions in lieu of grant of land under this section (declared not to extend to Alaska), see section 6(l) of Pub. L. 85–508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.

Executive Documents

Admission of Alaska as StateAdmission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by section 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

§857 Grant to new States