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U.S. CODE
TITLE 43
PUBLIC LANDS

Version 2010-02-01

Last update 2011-11-20


  • BUREAU OF LAND MANAGEMENT
  • UNITED STATES GEOLOGICAL SURVEY
  • SURVEYS
  • DISTRICT LAND OFFICES
  • LAND DISTRICTS
  • WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY
  • HOMESTEADS
    • GENERAL PROVISIONS
    • RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY
    • LANDS SUBJECT TO ENTRY
    • LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES
    • LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR NONCULTIVATION
    • FINAL PROOF GENERALLY
    • PAYMENTS AND REFUNDS
    • ALASKA HOMESTEADS
    • SOLDIERS AND SAILORS HOMESTEAD
    • STOCK-RAISING HOMESTEAD
  • TIMBER AND STONE LANDS
  • GRAZING LANDS
    • GENERALLY
    • ALASKA
  • DESERT-LAND ENTRIES
  • UNDERGROUND-WATER RECLAMATION GRANTS
  • DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES, ETC., BY GOVERNMENT
  • BOARD ON GEOGRAPHIC NAMES
  • RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
    • GENERAL PROVISIONS
    • RECLAMATION REFORM
    • RECLAMATION FUND GENERALLY
    • RECLAMATION WATER SETTLEMENTS FUND
    • INSTITUTION AND CONSTRUCTION OF PROJECTS
    • CONSTRUCTION OF SMALL PROJECTS
    • ADMINISTRATION OF EXISTING PROJECTS
    • WATER RIGHT APPLICATIONS AND LAND ENTRIES
    • EXCHANGE AND AMENDMENT OF FARM UNITS
    • TAXATION
    • CONSTRUCTION CHARGES
    • PAYMENT OF CONSTRUCTION CHARGES
    • MAINTENANCE AND OPERATION OF WORKS GENERALLY
    • RECLAMATION SAFETY OF DAMS
    • AGING INFRASTRUCTURE
    • CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR PAYMENT OF CHARGES
    • SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES
    • PATENTS AND FINAL WATER-RIGHT CERTIFICATES
    • TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES
    • REFUNDS TO WAR VETERANS
    • LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY
    • CIBOLO PROJECT, TEXAS
    • NUECES RIVER PROJECT, TEXAS
    • KLAMATH PROJECT, OREGON-CALIFORNIA
    • GILA PROJECT, ARIZONA
    • WASHOE PROJECT, NEVADA-CALIFORNIA
    • WASHITA RIVER BASIN PROJECT, OKLAHOMA
    • CROOKED RIVER PROJECT, OREGON
    • LITTLE WOOD RIVER PROJECT, IDAHO
    • SAN ANGELO PROJECT, TEXAS
    • SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO
    • DALLAS PROJECT, OREGON
    • NORMAN PROJECT, OKLAHOMA
    • NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO
    • CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT, COLORADO
    • BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO
    • SALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO
    • ONEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA
    • NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA
    • POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING
    • POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, SOUTH DAKOTA
    • FRYINGPAN-ARKANSAS PROJECT, COLORADO
    • MANN CREEK PROJECT, IDAHO
    • ARBUCKLE PROJECT, OKLAHOMA
    • BAKER PROJECT, OREGON
    • DIXIE PROJECT, UTAH
    • SAVERY-POT HOOK PROJECT, COLORADO-WYOMING; BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO
    • LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO
    • WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON
    • McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON
    • AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION: CENTRAL VALLEY PROJECT, CALIFORNIA
    • SOUTHERN NEVADA PROJECT, NEVADA
    • TUALATIN PROJECT, OREGON
    • MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA
    • MOUNTAIN PARK PROJECT, OKLAHOMA
    • PALMETTO BEND PROJECT, TEXAS
    • MERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON
    • TOUCHET DIVISION; WALLA WALLA PROJECT, OREGON-WASHINGTON
  • BOULDER CANYON PROJECT
    • BOULDER CANYON PROJECT ACT
    • BOULDER CANYON PROJECT ADJUSTMENT ACT
    • HOOVER DAM CONTRACTS AND FACILITIES
  • COLORADO RIVER STORAGE PROJECT
  • FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS
  • GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION
  • APPROPRIATION OF WATERS; RESERVOIR SITES
  • SALE AND DISPOSAL OF PUBLIC LANDS
  • RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS
  • SURVEY OF PUBLIC LANDS
  • BOUNTY LANDS
  • RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
  • GRANTS IN AID OF RAILROADS AND WAGON ROADS
  • FORFEITURE OF NORTHERN PACIFIC RAILROAD INDEMNITY LAND GRANTS
  • RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
  • GRANTS OF SWAMP AND OVERFLOWED LANDS
  • DRAINAGE UNDER STATE LAWS
  • UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING SETTLEMENT OR TRANSIT
  • LANDS HELD UNDER COLOR OF TITLE
  • ABANDONED MILITARY RESERVATIONS
  • PUBLIC LANDS IN OKLAHOMA
    • GENERAL PROVISIONS
    • TOWN SITES
    • LANDS IN GREER COUNTY
  • MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    • PATENTS FOR PRIVATE LAND CLAIMS
    • DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
    • SALES OF ISOLATED TRACTS
    • TIMBER CULTURE
    • OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS
    • DISPOSAL OF MATERIALS ON PUBLIC LANDS
    • EVIDENCES OF TITLE
    • INDIAN LANDS
    • ENFORCEMENT OF PROVISIONS
    • OATHS IN CERTAIN LAND MATTERS
    • WISCONSIN RIVER AND LAKE LAND TITLES
    • MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR
    • STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS
  • SUBMERGED LANDS
    • GENERAL PROVISIONS
    • LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES
    • OUTER CONTINENTAL SHELF LANDS
  • ADMINISTRATION OF PUBLIC LANDS
    • GENERAL PROVISIONS
    • SERVICE CHARGES AND EXCESS PAYMENTS
    • DEPOSITS AND FORFEITURES
    • PUBLIC LAND LAW REVIEW COMMISSION
    • CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR INTERIM MANAGEMENT
    • SALE OF PUBLIC LAND
    • SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL TRESPASS
    • PUBLIC AIRPORTS
  • DEPARTMENT OF THE INTERIOR
  • COLORADO RIVER BASIN PROJECT
    • OBJECTIVES
    • INVESTIGATIONS AND PLANNING
    • AUTHORIZED UNITS; PROTECTION OF EXISTING USES
    • LOWER COLORADO RIVER BASIN DEVELOPMENT FUND
    • GENERAL PROVISIONS
  • COLORADO RIVER BASIN SALINITY CONTROL
    • PROGRAMS DOWNSTREAM FROM IMPERIAL DAM
    • MEASURES UPSTREAM FROM IMPERIAL DAM
  • COLORADO RIVER FLOODWAY
  • ALASKA NATIVE CLAIMS SETTLEMENT
  • IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND ALASKA STATEHOOD
  • TRANS-ALASKA PIPELINE
  • FEDERAL LAND POLICY AND MANAGEMENT
    • GENERAL PROVISIONS
    • LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
    • ADMINISTRATION
    • RANGE MANAGEMENT
    • RIGHTS-OF-WAY
    • DESIGNATED MANAGEMENT AREAS
  • OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    • OFFSHORE OIL SPILL POLLUTION FUND
    • FISHERMENS CONTINGENCY FUND
    • MISCELLANEOUS PROVISIONS
  • PUBLIC RANGELANDS IMPROVEMENT
  • CRUDE OIL TRANSPORTATION SYSTEMS
  • ABANDONED SHIPWRECKS
  • RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    • DROUGHT PROGRAM
    • DROUGHT CONTINGENCY PLANNING
    • GENERAL AND MISCELLANEOUS PROVISIONS
  • FEDERAL LAND TRANSACTION FACILITATION
  • RURAL WATER SUPPLY
    • RECLAMATION RURAL WATER SUPPLY
    • TWENTY-FIRST CENTURY WATER WORKS
  • Version 2010-02-01

CHAPTER 1

BUREAU OF LAND MANAGEMENT

Repealed

Section, R.S. § 446; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided that there shall be in the Department of the Interior a Director of the Bureau of Land Management. Provision for a Bureau of Land Management in the Department of the Interior and for the structure of such Bureau is contained in section 403 of the 1946 Reorg. Plan No. 3, which is set out below.



Duties concerning public lands

The Secretary of the Interior or such officer as he may designate shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government.



Repealed

Section, acts July 11, 1890, ch. 667, § 1, 26 Stat. 257; June 17, 1910, ch. 297, 36 Stat. 512, provided for the office of an assistant commissioner of the General Land Office, which was subsequently abolished by Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. That Plan provided for a Bureau of Land Management, including an Associate Director and as many Assistant Directors as the Secretary of the Interior may find necessary. See note set out under section 1 of this title.





Omitted





Repealed

Section 4, act May 22, 1908, ch. 186, 35 Stat. 225, which provided for a temporary assistant commissioner of the General Land Office, was superseded by Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title.

Section 5, R.S. § 447, provided for a recorder of the former General Land Office.





Duties of employees to certify, record, etc., patents

It shall be the duty of such officers or employees of the Bureau of Land Management as may be designated by the Secretary of the Interior, in pursuance of instructions from the Secretary of the Interior or such officer as he may designate, to certify and affix the seal of the office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patents. They shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and shall prepare such copies and exemplifications of matters on file or recorded in the Bureau of Land Management as the Secretary or such officer may from time to time direct.



Repealed

Section, act May 22, 1908, ch. 186, 35 Stat. 225, authorized Secretary of the Interior to designate a temporary recorder for former General Land Office in certain cases. Reorg. Plan No. III of 1940, § 4, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees, abolished office of Recorder of former General Land Office and provided that his functions should be exercised under direction and supervision of Secretary of the Interior through those officers or employees of former General Land Office as he might designate.





Omitted





Repealed

Section, R.S. § 451; act June 19, 1878, ch. 329, 20 Stat. 183, provided for an assistant to sign land patents. See section 15 of this title.





Repealed

Section, acts May 24, 1922, ch. 199, 42 Stat. 555; Jan. 24, 1923, ch. 42, 42 Stat. 1177, related to depositary acting for commissioner as receiver of public moneys.





Restriction on officers, clerks, and employees

The officers, clerks, and employees in the Bureau of Land Management are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public land; and any person who violates this section shall forthwith be removed from his office.



Seal, books, and records

The Secretary of the Interior or such officer as he may designate shall retain the charge of the seal adopted for the Bureau of Land Management which may continue to be used, and of the records, books, papers, and other property appertaining to the Bureau of Land Management.



Original papers on file as evidence

Whenever the officer, as the Secretary of the Interior may designate, of any United States land office shall be served with a subpoena duces tecum or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of public lands or the final proof of residence and cultivation or any other original papers on file in the Bureau of Land Management of the United States on which a patent to land has been issued or which furnish the basis for such patent, it shall be the duty of such officer to at once notify the Secretary of the Interior, or such officer as he may designate, of the service of such process, specifying the particular papers he is required to produce, and upon receipt of such notice from any such officer of a United States land office the Secretary or such officer designated by him shall at once transmit to the officer of such land office the original papers specified in such notice, and which such officer is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the original papers upon which patent was issued; and such papers so authenticated shall be received in evidence in all courts of the United States and in the several State courts of the States of the Union: Provided, That the Secretary of the Interior shall make rules and regulations to secure the return of such documents to the Bureau of Land Management, after use in evidence, without cost to the United States.



Returns relative to lands

All returns relative to the public lands shall be made to the Secretary of the Interior or such officer as he may designate.