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U.S. Code as of:
01/19/04
Section 852. Selections to supply deficiencies of school lands
(a) Restrictions
The lands appropriated by section 851 of this title shall be
selected from any unappropriated, surveyed or unsurveyed public
lands within the State where such losses or deficiencies occur
subject to the following restrictions:
(1) No lands mineral in character may be selected by a State
except to the extent that the selection is being made as
indemnity for mineral lands lost to the State because of
appropriation before title could pass to the State;
(2) No lands on a known geologic structure of a producing oil
or gas field may be selected except to the extent that the
selection is being made as indemnity for lands on such a
structure lost to the State because of appropriation before title
could pass to the State; and
(3) Land subject to a mineral lease or permit may be selected
if none of the land subject to that lease or permit is in a
producing or producible status, subject, however, to the
restrictions and conditions of the preceding and following
paragraphs of this subsection.
(4) If a selection is consummated as to a portion but not all
of the lands subject to any mineral lease or permit, then, as to
such portion and for so long only as such lease or permit or any
lease issued pursuant to such permit shall remain in effect,
there shall be automatically reserved to the United States the
mineral or minerals for which the lease or permit was issued,
together with such further rights as may be necessary for the
full and complete enjoyment of all rights, privileges and
benefits under or with respect to the lease or permit: Provided,
however, That after approval of the selection the Secretary of
the Interior shall determine what portion of any rents and
royalties accruing thereafter which may be paid under the lease
or permit is properly applicable to that portion of the land
subject to the lease or permit selected by the State, the portion
applicable being determined by applying to the sum of the rents
and royalties the same ratio as that existing between the acreage
selected by the State and the total acreage subject to the lease
or permit; of the portion applicable to the selected land 90 per
centum shall be paid to the State by the United States annually
and 10 per centum shall be deposited in the Treasury of the
United States as miscellaneous receipts.
(5) If a selection is consummated as to all of the lands
subject to any mineral lease or permit or if, where the selecting
State has previously acquired title to a portion of the lands
subject to a mineral lease or permit, a selection is consummated
as to all of the remaining lands subject to that lease or permit,
then and upon condition that the United States shall retain all
rents and royalties theretofore paid and that the lessee or
permittee shall have and may enjoy under and with respect to that
lease or permit all the rights, privileges, and benefits which he
would have had or might have enjoyed had the selection not been
made and approved, the State shall succeed to all the rights of
the United States under the lease or permit as to the mineral or
minerals covered thereby, subject, however, to all obligations of
the United States under and with respect to that lease or permit.
(b) Adjustments
Where the selections are to compensate for deficiencies of school
lands in fractional townships, such selections shall be made in
accordance with the following principles of adjustment, to wit: For
each township, or fractional township, containing a greater
quantity of land than three-quarters of an entire township, one
section; for a fractional township, containing a greater quantity
of land than one-half, and not more than three-quarters of a
township, three-quarters of a section; for a fractional township,
containing a greater quantity of land than one-quarter, and not
more than one-half of a township, one-half section; and for a
fractional township containing a greater quantity of land than one
entire section, and not more than one-quarter of a township,
one-quarter section of land: Provided, That the States which are,
or shall be entitled to both the sixteenth and thirty-sixth
sections in place, shall have the right to select double the
amounts named, to compensate for deficiencies of school land in
fractional townships.
(c) Preference rights for State
Notwithstanding the provisions of section 282 (!1) of this title
on the revocation not later than 10 years after the date of
approval of this Act, of any order of withdrawal, in whole or in
part, the order or notice taking such action shall provide for a
period of not less than six months before the date on which it
otherwise becomes effective in which the State in which the lands
are situated shall have a preferred right of application for
selection under this section, subject to the requirements of
existing law, except as against the prior existing valid settlement
rights and preference rights conferred by existing law other than
section 282 (!1) of this title, or as against equitable claims
subject to allowance and confirmation, and except where a
revocation of an order of withdrawal is made in order to assist in
a Federal land program.
(d) "Unappropriated public lands" defined; determination of mineral
character of land
(1) The term "unappropriated public lands" as used in this
section shall include, without otherwise affecting the meaning
thereof, lands withdrawn for coal, phosphate, nitrate, potash, oil,
gas, asphaltic minerals, oil shale, sodium, and sulphur, but
otherwise subject to appropriation, location, selection, entry, or
purchase under the nonmineral laws of the United States; lands
withdrawn by Executive Order Numbered 5327, of April 15, 1930, if
otherwise available for selection; and the retained or reserved
interest of the United States in lands which have been disposed of
with a reservation to the United States of all minerals or any
specified mineral or minerals.
(2) The determination, for the purposes of this section of the
mineral character of lands lost to a State shall be made as of the
date of application for selection and upon the basis of the best
evidence available at that time.
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