Title 43 -- Public Lands


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    43 USC CHAPTER 3 - SURVEYS                                   01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
    .
 
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    CHAPTER 3 - SURVEYS
 
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    Sec.
    51. Omitted.
    52. Surveying duties.
    53. Powers devolved on Secretary of the Interior on turning over of
      papers to States.
    54. Completion of surveys; delivery to States.
    55. Field notes delivered to States; access to.
    56. Conditions of delivery to States.
    57. Authenticated copies or extracts from records as evidence.
    58. Transcripts from records of Louisiana.
    59. Official papers in office of surveyor general in California;
      copies.
    60. Stationery for mineral surveys.
    61 to 63. Repealed.
 
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    43 USC Sec. 51                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 51. Omitted
 
-COD-
                                CODIFICATION
      Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1144, which
    abolished office of surveyor general and transferred its functions
    to Field Surveying Service under Supervisor of Surveys, was
    superseded by Reorg. Plan No. 3 of 1946, Sec. 403, eff.  July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1
    of this title.
      The office of surveyor general abolished in certain States by
    acts July 31, 1876, ch. 246, 19 Stat. 121, and Oct. 2, 1888, ch.
    1069, 25 Stat. 525, and discontinued in others pursuant to R.S.
    Sec. 2218.
      So far as they were not already superseded or obsolete by reason
    of abolition or discontinuance of the office, or otherwise, the
    following provisions were superseded by former provisions of this
    section:
      R.S. Sec. 2207, providing for appointment of surveyors general in
    States and territories therein named, and acts Apr. 10, 1890, ch.
    77, Sec. 1, 26 Stat. 53, and July 24, 1897, ch. 14, Sec. 2, 30
    Stat. 215, providing for surveyors general in North and South
    Dakota and Alaska;
      R.S. Sec. 2208 to 2211; acts Apr. 10, 1890, ch. 77, Sec. 2, 26
    Stat. 53; July 24, 1897, ch. 14, Sec. 3, 30 Stat. 215, concerning
    salaries of particular surveyors general;
      R.S. Sec. 2212 to 2214, concerning number and location, of
    offices, and place of residence, of surveyors general.
      R.S. Sec. 2215 and 2216, concerning bonds of surveyors general;
      R.S. Sec. 2217, concerning duration of term of office of
    surveyors general;
      R.S. Sec. 2226 and 2227, concerning allowances for clerk hire and
    office expenses;
      Act Mar. 3, 1893, ch. 211, 27 Stat. 709, relative to
    consolidation of offices of two or more surveyors general; and
    provisions of act May 24, 1922, ch. 199, 42 Stat. 556, and prior
    acts concerning detail of clerks from office of one surveyor
    general to another.
 
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    43 USC Sec. 52                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 52. Surveying duties
 
-STATUTE-
      The Secretary of the Interior or such officer as he may designate
    shall engage a sufficient number of skillful surveyors as his
    deputies, to whom he is authorized to administer the necessary
    oaths upon their appointments.  He shall have authority to frame
    regulations for their direction, not inconsistent with law or the
    instructions of the Bureau of Land Management, and to remove them
    for negligence or misconduct in office.
      Second. He shall cause to be surveyed, measured, and marked,
    without delay, all base and meridian lines through such points and
    perpetuated by such monuments, and such other correction parallels
    and meridians as may be prescribed by law or by instructions from
    the Bureau of Land Management, in respect to the public lands to
    which the Indian title has been or may be extinguished.
      Third. He shall cause to be surveyed all private land claims
    after they have been confirmed by authority of Congress, so far as
    may be necessary to complete the survey of the public lands.
      Fourth. He shall transmit to the officer, as the Secretary of the
    Interior may designate, of the respective land offices general and
    particular plats of all lands surveyed by him for each land
    district; and he shall forward copies of such plats to such officer
    as the Secretary may designate.
      Fifth. He shall, so far as is compatible with the desk duties of
    his office, occasionally inspect the surveying operations while in
    progress in the field, sufficiently to satisfy himself of the
    fidelity of the execution of the work according to contract, and
    the actual and necessary expenses incurred by him while so engaged
    shall be allowed; and where it is incompatible with his other
    duties for the Secretary of the Interior or such officer as he may
    designate to devote the time necessary to make a personal
    inspection of the work in progress, then he is authorized to depute
    a confidential agent to make such examination; and the actual and
    necessary expenses of such person shall be allowed and paid for
    that service, and $5 a day during the examination in the field; but
    such examination shall not be protracted beyond thirty days; and in
    no case longer than is actually necessary; and when the Secretary
    or such officer, or any person employed in his office at a regular
    salary, is engaged in such special service, he shall receive only
    his necessary expenses in addition to his regular salary.
 
-SOURCE-
    (R.S. Sec. 2223; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff.  July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)
 
-COD-
                                CODIFICATION
      Provisions different from those of the fifth paragraph of this
    section, for inspection of surveying operations, were made by
    several Sundry Civil Appropriation Acts, in connection with the
    appropriations for surveys and resurveys, and limited to the
    expenditure of the particular appropriation.
      R.S. Sec. 2223 derived from acts May 18, 1796, ch. 29, Sec. 1, 1
    Stat. 464; Apr. 29, 1816, ch. 151, Sec. 1, 3 Stat. 325; Mar. 3,
    1831, ch. 116, Sec. 1, 4 Stat. 492; Mar. 3, 1853, ch. 145, Sec. 3,
    10, 10 Stat. 245, 247; Apr. 24, 1874, ch. 127, 18 Stat. 34; Aug. 9,
    1876, ch. 256, 19 Stat. 126.
 
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                           TRANSFER OF FUNCTIONS
      References to Supervisor of Surveys and Commissioner of General
    Land Office changed to Secretary of the Interior or such officer as
    he may designate, reference to manager changed to officer
    designated by Secretary of the Interior, and ''Bureau of Land
    Management'' substituted for ''General Land Office'' on authority
    of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.
      Previously, references to surveyors general were changed to
    supervisor of surveys and provisions limiting application of
    section to points ''within his surveying district'' were omitted on
    authority of act Mar. 3, 1925, which abolished office of surveyor
    general and transferred its activities to Field Surveying Service
    under jurisdiction of United States Supervisor of Surveys.
 
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    43 USC Sec. 53                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 53. Powers devolved on Secretary of the Interior on turning
        over of papers to States
 
-STATUTE-
      In all cases where, as provided in section 54 of this title, the
    field notes, maps, records, and other papers appertaining to land
    titles in any State are turned over to the authorities of such
    State, the same authority, powers, and duties in relation to the
    survey, resurvey, or subdivision of the lands therein, and all
    matters and things connected therewith, as previously exercised by
    the surveyor general, whose district included such State, shall be
    vested in, and devolved upon, the Secretary of the Interior or such
    officer as he may designate.
 
-SOURCE-
    (R.S. Sec. 2219; 1946 Reorg. Plan No. 3, Sec. 403, eff.  July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2219 derived from act Jan. 22, 1853, ch. 24, Sec. 1, 10
    Stat. 152.
 
-TRANS-
                           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, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      ''Secretary of the Interior or such officer as he may designate''
    substituted for ''Commissioner of the General Land Office'' on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.
 
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                              SURVEYOR GENERAL
      Abolition of office of surveyor general, see note set out under
    section 51 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 55, 56 of this title.
 
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    43 USC Sec. 54                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 54. Completion of surveys; delivery to States
 
-STATUTE-
      The Secretary of the Interior shall take all the necessary
    measures for the completion of the surveys in the several surveying
    districts, at the earliest periods compatible with the purposes
    contemplated by law; and whenever the surveys and records of any
    such district are completed, the Secretary of the Interior or such
    officer as he may designate shall deliver over to the secretary of
    state of the respective States, including such surveys, or to such
    other officer as may be authorized to receive them, all the field
    notes, maps, records, and other papers appertaining to land titles
    within the same.
 
-SOURCE-
    (R.S. Sec. 2218; June 5, 1924, ch. 264, 43 Stat. 394; Mar. 3, 1925,
    ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
 
-COD-
                                CODIFICATION
      The original text of R.S. Sec. 2218 provided for completion of
    surveys ''in the several surveying-districts for which surveyors
    general have been, or may be, appointed'' and also provided that
    ''the surveyor general thereof shall be required to deliver over''
    all papers appertaining to land titles within the district, ''and
    the office of surveyor general in every such district shall
    thereafter cease and be discontinued.'' The references to the
    surveyors general were omitted in view of act Mar. 3, 1925
    (classified to section 51 of this title) abolishing office of
    surveyor general and transferring its activities to the Field
    Surveying Service, under the jurisdiction of the U.S. Supervisor of
    Surveys. See, also, Transfer of Functions note below.
      R.S. Sec. 2207, formerly cited as a credit to this section, which
    provided for appointment of surveyors general, was superseded by
    act Mar. 3, 1925 (classified to section 51 of this title) and
    repealed by act Mar. 3, 1933, ch. 202, Sec. 1, 47 Stat. 1429.
      Act June 5, 1924, appropriated funds for use in making the
    surveys in twelve districts.
      Act May 25, 1906, ch. 2554, 34 Stat. 199, provided for a survey,
    pursuant to R.S. Sec. 2218, of unsurveyed lands in Louisiana, and
    was omitted.
      Provisions of act Oct. 2, 1888, ch. 1069, 25 Stat. 525, which
    provided for transfer to State officials of field notes, maps,
    records and other papers appertaining to land surveys in Nebraska
    and Iowa, were omitted.
      All records, etc., belonging to office of recorder of land titles
    for Missouri were delivered to State upon discontinuance of office,
    by provisions of act June 6, 1874, ch. 223, Sec. 3, and act July
    31, 1876, ch. 246.
      R.S. Sec. 2218 derived from acts June 12, 1840, ch. 36, Sec. 1, 5
    Stat. 384; July 31, 1876, ch. 246, 19 Stat. 121.
 
-TRANS-
                           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, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      ''Secretary of the Interior or such officer as he may designate''
    substituted for ''Supervisor of Surveys'' on authority of section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 53 of this title.
 
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    43 USC Sec. 55                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 55. Field notes delivered to States; access to
 
-STATUTE-
      Under the authority and direction of the Secretary of the
    Interior or such officer as he may designate, any deputy surveyor
    or other agent of the United States shall have free access to any
    field notes, maps, records, and other papers, mentioned in section
    53 of this title, for the purpose of taking extracts therefrom, or
    making copies thereof, without charge of any kind.
 
-SOURCE-
    (R.S. Sec. 2220; 1946 Reorg. Plan No. 3, Sec. 403, eff.  July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)
 
-COD-
                                CODIFICATION
      The word ''such'' before ''field notes'' was omitted and the
    words ''mentioned in section 53 of this title'' were inserted after
    ''papers,''.
      R.S. Sec. 2220 derived from act Jan. 22, 1853, ch. 24, Sec. 2, 10
    Stat. 152.
 
-TRANS-
                           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, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      ''Secretary of the Interior or such officer as he may designate''
    substituted for ''Commissioner of the General Land Office'' on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.
 
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    43 USC Sec. 56                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 56. Conditions of delivery to States
 
-STATUTE-
      The field notes, maps, records, and other papers mentioned in
    section 53 of this title, shall in no case be turned over to the
    authorities of any State, until such State has provided by law for
    the reception and safe-keeping of the same as public records, and
    for the allowance of free access to the same by the authorities of
    the United States.
 
-SOURCE-
    (R.S. Sec. 2221.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2221 derived from acts Jan. 22, 1853, ch. 24, Sec. 3,
    10 Stat. 152; June 6, 1874, ch. 223, Sec. 3, 18 Stat. 62.
 
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    43 USC Sec. 57                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 57. Authenticated copies or extracts from records as evidence
 
-STATUTE-
      Any copy of or extract from the plats, field notes, records, or
    other papers of the offices of the former surveyors general for the
    districts of Oregon and California, when authenticated by the seal
    and signature of the Secretary of the Interior or such officer as
    he may designate, shall be evidence in all cases in which the
    original would be evidence.
 
-SOURCE-
    (R.S. Sec. 2224; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff.  July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)
 
-COD-
                                CODIFICATION
      This section is from a part of R.S. Sec. 2224, as affected by act
    Mar. 3, 1925. The original text provided for the continuation of
    the use of the official seals authorized for the offices of the
    surveyors general of Oregon, California, and Louisiana. This
    provision was superseded by act Mar. 3, 1925 (classified to section
    51 of this title), abolishing the office of surveyor-general.  The
    rest of the section became inapplicable to Louisiana upon the
    discontinuance of the office of surveyor general of Louisiana
    pursuant to R.S. Sec. 2218. The text of this section was changed to
    provide for authentication by the supervisor of surveys, instead of
    a surveyor-general, in view of act Mar. 3, 1925 (classified to
    section 51 of this title) abolishing the office of surveyor general
    and transferring its activities to the Field Surveying Service,
    under the jurisdiction of the U.S. Supervisor of Surveys. See,
    also, Transfer of Functions note below.
      R.S. Sec. 2224 derived from act Mar. 3, 1853, ch. 145, Sec. 2,
    11, 10 Stat. 245, 248.
 
-TRANS-
                           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, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      ''Secretary of the Interior or such officer as he may designate''
    substituted for ''Supervisor of Surveys'' on authority of section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.
 
-CROSS-
                      FEDERAL RULES OF CIVIL PROCEDURE
      Proof of official records, see rule 44, Title 28, Appendix,
    Judiciary and Judicial Procedure.
      Effect of rule 44 on this section, see note by Advisory Committee
    set out under that rule.
 
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    43 USC Sec. 58                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 58. Transcripts from records of Louisiana
 
-STATUTE-
      Any copy of a plat of survey, or transcript from the records of
    the office of the former surveyor general of Louisiana, duly
    certified, shall be admitted as evidence in all the courts of the
    United States and the Territories thereof.
 
-SOURCE-
    (R.S. Sec. 2225.)
 
-COD-
                                CODIFICATION
      The word ''former'' was inserted in text before ''surveyor
    general'' because of the discontinuance of the office of surveyor
    general in Louisiana.
      R.S. Sec. 2225 derived from act Mar. 3, 1831, ch. 116, Sec. 5, 4
    Stat. 493.
 
-CROSS-
                      FEDERAL RULES OF CIVIL PROCEDURE
      Proof of official records, see rule 44, Title 28, Appendix,
    Judiciary and Judicial Procedure.
      Effect of rule 44 on this section, see note by Advisory Committee
    set out under that rule.
 
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    43 USC Sec. 59                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 59. Official papers in office of surveyor general in
        California; copies
 
-STATUTE-
      All official books, papers, instruments of writing, documents,
    archives, official seals, stamps, or dies, which have been
    authorized by law to be collected and deposited in the surveyor
    general's office in California, shall be safely and securely kept
    by the Secretary of the Interior, or such officer as he may
    designate, in the archives of his office until disposed of as
    provided by law; and copies thereof, authenticated by the Secretary
    or such officer under his seal of office, shall be evidence in all
    cases where the originals would be evidence.
 
-SOURCE-
    (R.S. Sec. 2229; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff.  July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100; Oct. 25, 1951, ch. 562, Sec. 3(3), 65 Stat. 639.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2229 derived from act May 18, 1858, ch. 39, Sec. 1, 11
    Stat. 289.
 
-MISC3-
                                 AMENDMENTS
      1951 - Act Oct. 25, 1951, inserted ''until disposed of as
    provided by law''.
 
-TRANS-
                           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, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      ''Secretary of the Interior or such officer as he may designate''
    substituted for ''Supervisor of Surveys'' on authority on section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.
      Previously, ''Supervisor of Surveys'' was substituted for
    ''surveyor general'' by act Mar. 3, 1925.
 
-CROSS-
                      FEDERAL RULES OF CIVIL PROCEDURE
      Proof of official records, see rule 44, Title 28, Appendix,
    Judiciary and Judicial Procedure.
      Effect of rule 44 on this section, see note by Advisory Committee
    set out under that rule.
                              CROSS REFERENCES
      Management and disposition of records, see sections 2901 et seq.
    and 3101 et seq. of Title 44, Public Printing and Documents.
 
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    43 USC Sec. 60                                               01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
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    Sec. 60. Stationery for mineral surveys
 
-STATUTE-
      The stationery and drafting instruments purchased on and after
    March 3, 1901, for exclusive use of the Secretary of the Interior
    or such officers as he may designate in the preparation of plats
    and field notes of mineral surveys, as also the rent of additional
    quarters that may be necessary for the execution of such work,
    shall be paid for out of the fund created by deposits made by
    individuals to the credit of the United States to cover the cost of
    office work on such mineral surveys.
 
-SOURCE-
    (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 1003; Mar. 3, 1925, ch.
    462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff.  July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
 
-TRANS-
                           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, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      ''Secretary of the Interior or such officer as he may designate''
    substituted for ''Field Surveying Service'' on authority of section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.
      Previously, ''Field Surveying Service'' substituted for
    ''surveyors-general'' on authority of act Mar. 3, 1925, which
    abolished office of surveyor general and transferred its activities
    to Field Surveying Service.
 
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    43 USC Sec. 61 to 63                                         01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS
 
-HEAD-
    Sec. 61 to 63. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
        1029
 
-MISC1-
      Section 61, R.S. Sec. 2230; act Mar. 3, 1925, ch. 462, 43 Stat.
    1144, related to bonds for deputy surveyors.
      Section 62, R.S. Sec. 2231, act Mar. 3, 1925, ch. 462, 43 Stat.
    1144, related to oath of deputy surveyors.
      Section 63, R.S. Sec. 2232; act Mar. 3, 1925, ch. 462, 43 Stat.
    1144, related to suits on bond of deputy surveyors.


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