---
kind: "section"
citation: "43 U.S.C. § 863"
title: "43"
title_heading: "Public Lands"
number: "863"
heading: "Survey of lands granted to certain Western States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/863"
units:
  - "Chapter 20 — Reservations and Grants to States for Public Purposes"
---

# §863. Survey of lands granted to certain Western States


It shall be lawful for the Governors of the [States](/usc/43/31b.md?p=8) of Washington, Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming to apply to the [Secretary](/usc/43/31b.md?p=7) of the Interior or such officer as he may designate for the [survey](/usc/43/31b.md?p=10) of any township or townships of public land then remaining unsurveyed in any of the several surveying districts, with a view to satisfy the public land grants made by the several Acts admitting the said [States](/usc/43/31b.md?p=8) into the Union to the extent of the full quantity of land called for thereby; and upon the application of said governors the [Secretary](/usc/43/31b.md?p=7) or such officer shall proceed to immediately notify such officer as may be designated by the [Secretary](/usc/43/31b.md?p=7) of the application made by the governor of any of the said [States](/usc/43/31b.md?p=8) of the application made for the withdrawal of said lands, and the officer so designated shall proceed to have the [survey](/usc/43/31b.md?p=10) or [surveys](/usc/43/31b.md?p=10) so applied for made, as in the cases of [surveys](/usc/43/31b.md?p=10) of public lands; and the lands that may be found to fall within the limits of such township or townships, as ascertained by the [survey](/usc/43/31b.md?p=10), shall be reserved upon the filing of the application for [survey](/usc/43/31b.md?p=10) from any adverse appropriation by settlement or otherwise except under rights that may be found to exist of prior inception, for a period to extend from such application for [survey](/usc/43/31b.md?p=10) until the expiration of sixty days from the date of the filing of the township plat of [survey](/usc/43/31b.md?p=10) in the proper district land office, during which period of sixty days the [State](/usc/43/31b.md?p=8) may select any of such lands not embraced in any valid adverse claim, for the satisfaction of such grants, with the condition, however, that the governor of the [State](/usc/43/31b.md?p=8), within thirty days from the date of such filing of the application for [survey](/usc/43/31b.md?p=10), shall cause a notice to be published, which publication shall be continued for thirty days from the first publication, in some newspaper of general circulation in the vicinity of the lands likely to be embraced in such township or townships, giving notice to all parties interested of the fact of such application for [survey](/usc/43/31b.md?p=10) and the exclusive right of selection by the [State](/usc/43/31b.md?p=8) for the aforesaid period of sixty days as herein provided for; and after the expiration of such period of sixty days any lands which may remain unselected by the [State](/usc/43/31b.md?p=8), and not otherwise appropriated according to law, shall be subject to disposal under general laws as other public lands: And provided further, That the [Secretary](/usc/43/31b.md?p=7) of the Interior or such officer as he may designate shall give notice immediately of the reservation of any township or townships to the local land office in which the land is situate of the withdrawal of such township or townships, for the purpose hereinbefore provided.


## Source credit

(Aug. 18, 1894, ch. 301, 28 Stat. 394; Mar. 3, 1925, ch. 462, 43 Stat. 1144; June 26, 1934, ch. 756, § 22, 48 Stat. 1236; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

## Notes

### Editorial Notes

### Amendments

1934—Act June 26, 1934, repealed last proviso which authorized governors of States named to advance money for survey of certain townships.

### Statutory Notes and Related Subsidiaries

### Abolition of Office of Surveyor General and Transfer of Functions

Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.

### Repeals

Act June 26, 1934, ch. 756, § 22, 48 Stat. 1236, cited as a credit to this section, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1074.

### Executive Documents

### 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, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

First and third references to “Commissioner of the General Land Office” changed to “Secretary of the Interior or such officer as he may designate”; second such reference changed to “Secretary or such officer”; and the two references to “Supervisor of Surveys” changed to “such officer as may be designated by the Secretary” and “the officer so designated,” respectively, all on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.