43 U.S.C. § 851 : US Code - Section 851: Deficiencies in grants to State by reason of settlements, etc., on designated sections generally

Search 43 U.S.C. § 851 : US Code - Section 851: Deficiencies in grants to State by reason of settlements, etc., on designated sections generally

Where settlements with a view to preemption or homestead have
been, or shall hereafter be made, before the survey of the lands in
the field, which are found to have been made on sections sixteen or
thirty-six, those sections shall be subject to the claims of such
settlers; and if such sections or either of them have been or shall
be granted, reserved, or pledged for the use of schools or colleges
in the State in which they lie, other lands of equal acreage are
hereby appropriated and granted, and may be selected, in accordance
with the provisions of section 852 of this title, by said State, in
lieu of such as may be thus taken by preemption or homestead
settlers. And other lands of equal acreage are also hereby
appropriated and granted and may be selected, in accordance with
the provisions of section 852 of this title, by said State where
sections sixteen or thirty-six are, before title could pass to the
State, included within any Indian, military, or other reservation,
or are, before title could pass to the State, otherwise disposed of
by the United States: Provided, That the selection of any lands
under this section in lieu of sections granted or reserved to a
State shall be a waiver by the State of its right to the granted or
reserved sections. And other lands of equal acreage are also
appropriated and granted, and may be selected, in accordance with
the provisions of section 852 of this title, by said State to
compensate deficiencies for school purposes, where sections sixteen
or thirty-six are fractional in quantity, or where one or both are
wanting by reason of the township being fractional, or from any
natural cause whatever. And it shall be the duty of the Secretary
of the Interior, without awaiting the extension of the public
surveys, to ascertain and determine, by protraction or otherwise,
the number of townships that will be included within such Indian,
military, or other reservations, and thereupon the State shall be
entitled to select indemnity lands to the extent of section for
section in lieu of sections therein which have been or shall be
granted, reserved, or pledged; but such selections may not be made
within the boundaries of said reservation: Provided, however, That
nothing in this section contained shall prevent any State from
awaiting the extinguishment of any such military, Indian, or other
reservation and the restoration of the lands therein embraced to
the public domain and then taking the sections sixteen and thirty-
six in place therein.