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Title 43 — Public LandsRelease 119-73not60

§773 Resurveys or Retracements of Township Lines, Etc.

Title 43 › Chapter 18— SURVEY OF PUBLIC LANDS › § 773

Last updated Apr 5, 2026|Official source

Summary

If owners of three-fourths of the privately owned land in a township — and where more than 50% of the township is privately owned — apply and put a deposit with the Secretary of the Interior (or someone he names) equal to their share of the estimated cost, the Secretary can order a resurvey or retracement of the township lines and place permanent corners and markers under the rules for public-land surveys. A court with proper authority can also ask for the same resurvey if it makes the required deposit, and the survey results must be given to the court. The money deposited will be kept by the Secretary and used to pay field and office survey costs. Any extra funds will be returned to depositors in proportion to what each paid. The federal share of work on public lands in the township will be paid from current survey appropriations. The Secretary can make the rules needed to carry out these actions.

Full Legal Text

Title 43, §773

Public Lands — Source: USLM XML via OLRC

Upon the application of the owners of three-fourths of the privately owned lands in any township covered by public-land surveys, more than 50 per centum of the area of which townships is privately owned, accompanied by a deposit with the Secretary of the Interior, or such officer as he may designate, of the proportionate estimated cost, inclusive of the necessary work, of the resurvey or retracement of all the privately owned lands in said township, the Secretary, or such officer as he may designate, shall be authorized in his discretion to cause to be made a resurvey or retracement of the lines of said township and to set permanent corners and monuments in accordance with the laws and regulations governing surveys and resurveys of public lands. The sum so deposited shall be held by the Secretary of the Interior or such officer as he may designate, and may be expended in payment of the cost of such survey, including field and office work, and any excess over the cost of such survey and the expenses incident thereto shall be repaid pro rata to the persons making said deposits or their legal representatives. The proportionate cost of the field and office work for the resurvey or retracement of any public lands in such township shall be paid from the current appropriation for the survey and resurvey of public lands, in addition to the portion of such appropriation otherwise allowed by law for resurveys and retracements. Similar resurveys and retracements may be made on the application, accompanied by the requisite deposit, of any court of competent jurisdiction, the returns of such resurvey or retracement to be submitted to the court. The Secretary of the Interior is authorized to make all necessary rules and regulations to carry this section into full force and effect.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Abolition of Office of Surveyor General and

Transfer of Functions

Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. “Supervisor of Surveys” changed to the “Secretary of the Interior, or such officer as he may designate,”; “Commissioner of the General Land Office subject to the supervisory authority of the Secretary of the Interior,” changed to “Secretary, or such officer as he may designate,”; and reference to “Supervisor of Surveys or commissioner” changed to “Secretary of the Interior or such officer as he may designate,”, all on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 773

Title 43 — Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60