Title 43, Public LandsRelease 119-102
§861 Preference Right of Selection Granted Certain Western States; Bona Fide Settlers
Title 43 › CHAPTER 20 — RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES › § 861
Summary
North Dakota, South Dakota, Montana, Idaho, and Washington may first select lands under Act of Feb. 22, 1889 for 60 days after survey. That priority does not affect actual homestead or preemption settlers when the township plat was filed in local land office.
Full Legal Text
Title 43, §861
Public Lands, Source: USLM XML via OLRC
The States of North Dakota, South Dakota, Montana, Idaho, and Washington shall have a preference right over any person or corporation to select lands subject to entry by said States by the Act of Congress approved February 22, 1889, for a period of sixty days after lands have been surveyed and duly declared to be subject to selection and entry under the general land laws of the United States. Such preference right shall not accrue against bona fide homestead or preemption settlers on any of said lands at the date of filing of the plat of survey of any township in any local land office of said States.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Act February 22, 1889, referred to in text, is act Feb. 22, 1889, ch. 180, 25 Stat. 676. Provisions relating to admission of the enumerated States into the Union are not classified to the Code.
Reference
Citations & Metadata
Citation
43 U.S.C. § 861
Title 43, Public Lands
Last Updated
Aug 21, 2026
Release point: 119-102