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

Summary

Make the $100,000 already set aside a continuing fund for surveying public lands inside the borders of railroad land grants so the Secretary of the Interior can carry out section 894. Money spent from that fund and then paid back into the Treasury is put back into the fund and can be used again. Whenever any of the fund is reimbursed and paid in, an equal amount from other unappropriated Treasury money becomes immediately available for those same surveys until all the grant lands are surveyed. Survey costs must be repaid by the railroad companies or parties who benefit, under section 881. Regular survey appropriations may still be used inside grants. None of this $100,000 may be spent on any land granted to the State of Florida. The repayment rule also applies to successors who get railroad property by foreclosure.

Title 43, §886

Public Lands — Source: USLM XML via OLRC

For the survey of the public lands lying within the limits of land grants made by Congress to aid in the construction of railroads, and the selection therein of such lands as are granted therefor, to enable the Secretary of the Interior to carry out the provisions of section 894 of this title, the sum of $100,000 heretofore appropriated is made a continuing appropriation for the survey of lands within the limits of railroad land grants, and any money which shall be expended of such appropriation and reimbursed and paid into the Treasury is reappropriated, and said sum shall remain a continuing appropriation, and so often as any part of the same shall, after being expended, be reimbursed by any railroad company as hereinafter provided, the same shall be again available for the purposes aforesaid: Provided, That any portion of said sum expended for surveying such lands shall be reimbursed by the respective companies or parties in interest for whose benefit the lands are granted, according to the provisions of section 881 of this title: And provided further, That whenever there shall have been reimbursed and paid into the Treasury of the United States, by the respective companies or parties in interest, any part of said appropriation expended for surveys within such grants, there shall be immediately available, out of any money in the Treasury not otherwise appropriated, an amount equal to the amount so reimbursed, and the same shall be available for the survey of the public lands lying within the limits of the railroad land grants made by Congress, until all of said lands shall have been surveyed: Provided, That nothing herein contained shall be construed to prevent the use, within the limits of any railroad land grant made by Congress, of any part of any regular appropriation for surveying the public lands: Provided, That no part of the foregoing money shall be used for any land embraced in any grant to the State of Florida: And provided further, That the provisions of law requiring reimbursements to be made to the United States by railroad corporations claiming such grants shall apply equally to the successors of such railroad corporations acquiring title to their lands and other property, under decree of foreclosure of any mortgage authorized by Congress.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Pub. L. 96–470 struck out provision requiring Secretary of the Interior to report to each regular session of Congress what has been done under this section.

Statutory Notes and Related Subsidiaries

AppropriationsEffective

July 1, 1935, the continuing appropriation provided for in this section was repealed by act

June 26, 1934, ch. 756, § 1, 48 Stat. 1225.

§886 Survey of Lands Within Limits of Railroad Grants