Title 43 -- Public Lands


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    43 USC CHAPTER 5 - LAND DISTRICTS                            01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
    .
 
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    CHAPTER 5 - LAND DISTRICTS
 
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    Sec.
    121. Discontinuance of land offices by President.
    122. Discontinuance of land offices by Secretary of the Interior.
    123. Continuance of land offices when required by public
      convenience.
    123a. Continuation of existing land districts and offices in
      Alaska; change of district boundaries, or discontinuance of
      districts; designation and location of land offices.
    124. Consolidation of land offices.
    125. Annexation of discontinued district to adjacent district.
    126. Change of location of land offices.
    127. Change of boundaries of land districts.
    128. Division or change of boundaries; continuance of business of
      original district.
    129. Office rent and clerk hire for consolidated land offices.
    130. Entry of public lands in States where no land offices exist.
 
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    43 USC Sec. 121                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 121. Discontinuance of land offices by President
 
-STATUTE-
      Upon the recommendation of the Secretary of the Interior, the
    President may order the discontinuance of any land office and the
    transfer of any of its business and archives to any other land
    office within the same State or Territory.
 
-SOURCE-
    (R.S. Sec. 2252; 1946 Reorg. Plan No. 3, Sec. 403, eff.  July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2252 derived from act May 30, 1862, ch. 86, Sec. 5, 12
    Stat. 409.
 
-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.
      Words ''the Commissioner of the General Land Office, approved
    by'' omitted on authority of section 403 of Reorg. Plan No. 3 of
    1946. See note set out under section 1 of this title.
                          DELEGATION OF FUNCTIONS
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.
 
-CROSS-
                              CROSS REFERENCES
      Consolidation of land offices by Secretary of the Interior where
    practicable and consistent with public interest, see section 124 of
    this title.
 
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    43 USC Sec. 122                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 122. Discontinuance of land offices by Secretary of the
        Interior
 
-STATUTE-
      Whenever the quantity of public land remaining unsold in any land
    district is reduced to a number of acres less than one hundred
    thousand, it shall be the duty of the Secretary of the Interior to
    discontinue the land office of such district; and if any land in
    any such district remains unsold at the time of the discontinuance
    of a land office, the same shall be subject to sale at some one of
    the existing land offices most convenient to the district in which
    the land office has been discontinued, of which the Secretary of
    the Interior shall give notice.
 
-SOURCE-
    (R.S. Sec. 2248.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2248 derived from act June 12, 1840, ch. 36, Sec. 2, 5
    Stat. 385.
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Annexation of district in which land office discontinued because
    of excessive costs to some other adjoining district, see section
    125 of this title.
      Consolidation of land offices by Secretary of the Interior where
    practicable and consistent with public interest, see section 124 of
    this title.
 
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    43 USC Sec. 123                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 123. Continuance of land offices when required by public
        convenience
 
-STATUTE-
      The Secretary of the Interior may continue any land district in
    which is situated the seat of government of any one of the States,
    and may continue the land office in such district, notwithstanding
    the quantity of land unsold in such district may not amount to one
    hundred thousand acres, when, in his opinion, such continuance is
    required by public convenience, or in order to close the land
    system in such State.
 
-SOURCE-
    (R.S. Sec. 2249.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2249 derived from act Sept. 4, 1841, ch. 16, Sec. 7, 5
    Stat. 455.
 
-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.
 
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    43 USC Sec. 123a                                             01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 123a. Continuation of existing land districts and offices in
        Alaska; change of district boundaries, or discontinuance of
        districts; designation and location of land offices
 
-STATUTE-
      Subject to the authority conferred upon the Secretary of the
    Interior by this section, the land districts and land offices
    existing in Alaska on October 9, 1942 are continued.  The Secretary
    of the Interior is authorized and empowered in his discretion to
    change the boundaries of, or discontinue, any land district in
    Alaska, and in lieu thereof to designate such land district, or
    land region, as, in his opinion, is necessary for the transaction
    of the business relating to the public lands in the Territory and
    to designate or change the location of any land office for such
    land district or land region.
 
-SOURCE-
    (Oct. 9, 1942, ch. 584, Sec. 6, 56 Stat. 779.)
 
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                                CODIFICATION
      Section was formerly classified to section 365 of Title 48,
    Territories and Insular Possessions.
 
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                 LAND DISTRICTS AND LAND OFFICES CONTINUED
      Provisions of acts Feb. 14, 1902, ch. 17, Sec. 1, 32 Stat. 20;
    Mar. 2, 1907, ch. 2537, Sec. 1, 34 Stat. 1232, which constituted
    former section 365 of Title 48, Territories and Insular
    Possessions, and were repealed by section 7 of Act Oct. 9, 1942,
    which enacted this section, read as follows: ''There shall be two
    land districts in Alaska, the boundaries of which shall be
    designated by the President, to be known as the Nome land district
    and the Fairbanks land district, with the land offices located,
    respectively, at Nome, Alaska, and Fairbanks, Alaska, and one other
    land district and land office, the location of which shall be fixed
    by the President.''
 
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    43 USC Sec. 124                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 124. Consolidation of land offices
 
-STATUTE-
      It shall be the duty of the Secretary of the Interior to
    consolidate the district land offices where practicable and
    consistent with the public interests.
 
-SOURCE-
    (Aug. 5, 1892, ch. 380, Sec. 1, 27 Stat. 368.)
 
-MISC1-
                               APPROPRIATIONS
      The Secretary of the Interior was required to consolidate the
    district land offices so as to bring the total compensation of the
    registers and receivers for the fiscal year 1894, within the
    appropriation made therefor by the sundry Civil Appropriation Act
    for that year, act Mar. 3, 1893, ch. 208, 27 Stat. 591, which was
    fixed at $520,000.
 
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    43 USC Sec. 125                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 125. Annexation of discontinued district to adjacent district
 
-STATUTE-
      Whenever the cost of collecting the revenue from the sales of the
    public lands in any land district is as much as one-third of the
    whole amount of revenue collected in such district, it may be
    lawful for the President, if, in his opinion, not incompatible with
    the public interest, to discontinue the land office in such
    district, and to annex the same to some other adjoining land
    district.
 
-SOURCE-
    (R.S. Sec. 2250.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2250 derived from act Mar. 3, 1853, ch. 97, Sec. 1, 10
    Stat. 189, 194.
 
-TRANS-
                          DELEGATION OF FUNCTIONS
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.
 
-CROSS-
                              CROSS REFERENCES
      Consolidation of land offices by Secretary of the Interior where
    practicable and consistent with public interest, see section 124 of
    this title.
 
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    43 USC Sec. 126                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 126. Change of location of land offices
 
-STATUTE-
      The President is authorized to change the location of the land
    offices in the several land districts established by law, and to
    relocate the same from time to time at such point in the district
    as he deems expedient.
 
-SOURCE-
    (R.S. Sec. 2251.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2251 derived from acts Mar. 3, 1853, ch. 97, Sec. 1, 10
    Stat. 204; Mar. 3, 1853, ch. 144, 10 Stat. 244.
 
-TRANS-
                          DELEGATION OF FUNCTIONS
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.
 
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    43 USC Sec. 127                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 127. Change of boundaries of land districts
 
-STATUTE-
      The President is authorized to change and reestablish the
    boundaries of land districts whenever, in his opinion, the public
    interests will be subserved thereby, without authority to increase
    the number of land offices or land districts.
 
-SOURCE-
    (R.S. Sec. 2253.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2253 derived from act June 29, 1870, ch. 171, 16 Stat.
    171.
 
-TRANS-
                          DELEGATION OF FUNCTIONS
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.
 
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    43 USC Sec. 128                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 128. Division or change of boundaries; continuance of business
        of original district
 
-STATUTE-
      In case of the division of existing land districts by the
    erection of new ones, or by a change of boundaries by the
    President, all business in such original districts shall be
    entertained and transacted without prejudice or change, until the
    offices in the new districts are duly opened by public announcement
    under the direction of the Secretary of the Interior. All sales or
    disposals of the public lands heretofore regularly made at any land
    office, after such lands have been made part of another district by
    any Act of Congress, or by any act of the President, are confirmed,
    provided the same are free from conflict with prior valid rights.
 
-SOURCE-
    (R.S. Sec. 2254.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2254 derived from act May 31, 1872, ch. 241, 17 Stat.
    192.
 
-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.
 
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    43 USC Sec. 129                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 129. Office rent and clerk hire for consolidated land offices
 
-STATUTE-
      The Secretary of the Interior is authorized to make a reasonable
    allowance for office rent for each consolidated land office; and
    when satisfied of the necessity therefor, to approve the employment
    of one or more clerks, at a reasonable per diem compensation, for
    such time as such clerical force is absolutely required to keep up
    the current public business, which clerical force shall be paid out
    of the surplus fees authorized to be charged by section 84
    (FOOTNOTE 1) of this title, if any, and if no surplus exists, then
    out of the appropriation for incidental expenses of district land
    offices; but no clerk shall be so paid unless his employment has
    been first sanctioned by the Secretary of the Interior.
       (FOOTNOTE 1) See References in Text note below.
 
-SOURCE-
    (R.S. Sec. 2255; 1946 Reorg. Plan No. 3, Sec. 403, eff.  July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 84 of this title, referred to in text, was repealed by
    Pub. L. 86-649, title II, Sec. 202(b), July 14, 1960, 74 Stat. 507.
    See section 1734 of this title.
 
-COD-
                                CODIFICATION
      R.S. Sec. 2255 derived from act Feb. 18, 1861, ch. 38, Sec. 2, 12
    Stat. 131.
 
-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.
      Words ''by the register'' following ''to approve the employment''
    omitted 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. 130                                              01/05/99
 
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    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS
 
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    Sec. 130. Entry of public lands in States where no land offices
        exist
 
-STATUTE-
      Public lands situated in States in which there are no land
    offices may be entered at the Bureau of Land Management, subject to
    the provisions of law touching the entry of public lands; and the
    necessary proofs and affidavits required in such cases may be made
    before some officer competent to administer oaths, whose official
    character shall be duly certified by the clerk of a court of
    record.  And moneys received by the Secretary of the Interior, or
    such officer as he may designate, for lands entered by cash entry
    shall be covered into the Treasury.
 
-SOURCE-
    (Mar. 3, 1877, ch. 102, Sec. 1, 19 Stat. 315; June 19, 1878, ch.
    329, Sec. 1, 20 Stat. 201; 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.
      ''Bureau of Land Management'' substituted for ''General Land
    Office'' and ''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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