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

Summary

Gives states the same school land grants when the numbered school sections have minerals, unless the state already got other land instead. Titles to those mineral sections work the same as for nonmineral school sections and follow the same existing claims or rights. When the State sells or patents any of these lands, the State must keep the coal and other minerals and the right to explore and mine them. The State can lease those minerals and must use the rent, royalties, and bonuses to support public schools. If anyone disposes of the land or minerals in a way that breaks these rules, the property can be taken back by the United States through court action by the Attorney General. Some lands are excluded until their federal reservation, water-power reserve, claim, application, or court case ends, and all lands in Alaska are excluded. But an outstanding federal mineral lease at the time a section is surveyed does not stop the grant. Sections surveyed before July 11, 1956 that were held back only because of such leases are now granted and the State becomes the lessor. Sections surveyed on or after July 11, 1956 with such leases are granted when the survey is finished and the State becomes lessor. The Interior Secretary issues patents on request and will note when the State took the United States’ lessor position. If a single lease covers land partly owned by the State and partly by the United States, income is split by acreage. “Lease” includes “permit,” and “lessor” includes “grantor.”

Title 43, §870

Public Lands — Source: USLM XML via OLRC

Subject to the provisions of subsections (a), (b), and (c) of this section, the several grants to the States of numbered sections in place for the support or in aid of common or public schools be, and they are, extended to embrace numbered school sections mineral in character, unless land has been granted to and/or selected by and certified or approved, to any such State or States as indemnity or in lieu of any land so granted by numbered sections. (a)

(b)The additional grant made by this section is upon the express condition that all sales, grants, deeds, or patents for any of the lands so granted shall hereafter be subject to and contain a reservation to the State of all the coal and other minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. The coal and other mineral deposits in such lands not heretofore disposed of by the State shall be subject to lease by the State as the State legislature may direct, the proceeds and rentals and royalties therefrom to be utilized for the support or in aid of the common or public schools: Provided, That any lands or minerals hereafter disposed of contrary to the provisions of this section shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in the United States district court for the district in which the property or some part thereof is located.

(c)Except as provided in subsection (d), any lands included within the limits of existing reservations of or by the United States, or specifically reserved for water-power purposes, or included in any pending suit or proceeding in the courts of the United States, or subject to or included in any valid application, claim, or right initiated or held under any of the existing laws of the United States, unless or until such reservation, application, claim, or right is extinguished, relinquished, or canceled, and all lands in the Territory of Alaska, are excluded from the provisions of this section.

(d)(1)Notwithstanding subsection (c), the fact that there is outstanding on any numbered school section, whether or not mineral in character, at the time of its survey a mineral lease or leases entered into by the United States, or an application therefor, shall not prevent the grant of such numbered school section to the State concerned as provided by this section and section 871 of this title.

(2)Any such numbered school section which has been surveyed prior to July 11, 1956, and which has not been granted to the State concerned solely by reason of the fact that there was outstanding on it at the time of the survey a mineral lease or leases entered into by the United States, or an application therefor, is hereby granted by the United States to such State under this section as if it had not been so leased; and the State shall succeed the position of the United States as lessor under such lease or leases.

(3)Any such numbered school section which is surveyed on or after July 11, 1956, and on which there is outstanding at the time of such survey a mineral lease or leases entered into by the United States, shall (unless excluded from the provisions of this section by subsection (c) for a reason other than the existence of an outstanding lease) be granted to the State concerned immediately upon completion of such survey; and the State shall succeed to the position of the United States as lessor under such lease or leases.

(4)The Secretary of the Interior shall, upon application by a State, issue patents to the State for the lands granted by this section and section 871 of this title, in accordance with section 871a 11 See References in Text note below. of this title. Such patent shall, if the lease is then outstanding, include a statement that the State succeeded to the position of the United States as lessor at the time the title vested in the State.

(5)Where at the time rents, royalties, and bonuses accrue the lands or deposits covered by a single lease are owned in part by the State and in part by the United States, the rents, royalties, and bonuses shall be allocated between them in proportion to the acreage in said lease owned by each.

(6)As used in this subsection, “lease” includes “permit” and “lessor” includes “grantor”.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 871a of this title, referred to in subsec. (d)(4), was repealed by Pub. L. 94–579, title VII, § 705(a), Oct. 21, 1976, 90 Stat. 2792.

Amendments

1956—Subsec. (d). Act

July 11, 1956, provided that numbered school sections under mineral leases may be granted to a State, whether or not the sections are mineral in character, and added subpar. (6). 1954—Subsec. (c). Act Apr. 22, 1954, § 2, substituted “Except as provided in subsection (d), any” for “any”. Subsec. (d). Act Apr. 22, 1954, § 1, added subsec. (d). 1932—Subsec. (b). Act

May 2, 1932, inserted “hereafter” in two places and “not heretofore disposed of by the State” after “mineral deposits in such lands”. Subsec. (c). Act

May 2, 1932, inserted “reservation” before “application”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1932 AmendmentAct

May 2, 1932, ch. 151, § 2, 47 Stat. 141, provided that: “This amendatory Act [amending this section] shall take effect as of

January 25, 1927; and in any case in which a State has selected lieu lands since such date under the Act approved

February 28, 1891 (26 Stat. 796) [section 851 and 852 of this title], and still retains title thereto, such State may, within ninety days after the date of the enactment of this Act [

May 2, 1932], relinquish to the United States all right, title, and interest in such lands and shall thereupon be entitled to all the benefits of the Act of

January 25, 1927 [section 870 and 871 of this title], as amended by this Act.”

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.

§870 Grants of Land in Aid of Common or Public Schools; Extension to Those Mineral in Character; Effect of Leases