---
kind: "section"
citation: "43 U.S.C. § 864"
title: "43"
title_heading: "Public Lands"
number: "864"
heading: "Survey of land grants to Florida"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/864"
units:
  - "Chapter 20 — Reservations and Grants to States for Public Purposes"
---

# §864. Survey of land grants to Florida


It shall be lawful for the properly credited agent or official of the [State](/usc/43/31b.md?p=8) of Florida having in charge the adjustment of its school grant 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 townships or parts of townships of public land unsurveyed in any of the surveying districts of said [State](/usc/43/31b.md?p=8), with a view to satisfy the grant in aid of schools made to said [State](/usc/43/31b.md?p=8) of Florida to the extent of the full quantity of land called for thereby; and upon the application of said agent or official, the [Secretary](/usc/43/31b.md?p=7) or such officer as he may designate 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 case of [surveys](/usc/43/31b.md?p=10) of other public lands; and the lands that may be found to fall within the limits of such townships or parts of 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 date of filing of the township plat of [survey](/usc/43/31b.md?p=10) in the proper district land office, 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 its school grant, as aforesaid, with the condition, however, that the agent or official 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 date of first publication in some newspaper of general circulation in the vicinity of the lands likely to be embraced in such townships or parts of 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 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: Provided, That the [Secretary](/usc/43/31b.md?p=7) or such officer as he may designate shall give notice immediately of the reservation of any township or parts of townships to the officials of the local land office of the land district in which the land is situated of the withdrawal of such townships or parts of townships for the purpose hereinbefore provided: Provided further, That nothing herein shall be deemed to authorize the [Secretary](/usc/43/31b.md?p=7) or such officer as he may designate to [survey](/usc/43/31b.md?p=10) any lands within the exterior boundaries of the Everglades, as defined in Everglades patent numbered 137, issued to the [State](/usc/43/31b.md?p=8) of Florida by the United States under the Swamp Land Act of 1850.


## Source credit

(Feb. 16, 1921, ch. 60, 41 Stat. 1103; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

## Notes

### Editorial Notes

### References in Text

The Swamp Land Act of 1850, referred to in text, is act Sept. 28, 1850, ch. 84, 9 Stat. 519, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2479–2481, which are classified to sections 982 to 984 of this title.

### 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 reference to “Commissioner of the General Land Office” changed to “Secretary of the Interior, or such officer as he may designate,”, and remaining three such references changed to “Secretary or such officer as he may designate”, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.