43 U.S.C. § 857: Grant to new States

Summary

Each new State admitted after September 4, 1841 gets public land when it joins the Union so that, counting any land it already received as a territory, the total equals 500,000 acres for internal improvements (public works). The state legislature picks the specific tracts inside the State. The land must not be reserved by law or by the President. Parcels must match the official survey grid and be at least 320 acres each. Selections can be made after the public lands in the State have been surveyed under the law.

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