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U.S. Code as of:
01/19/04
Section 863. Survey of lands granted to certain Western States
It shall be lawful for the Governors of the States of Washington,
Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming to
apply to the Secretary of the Interior or such officer as he may
designate for the survey 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 into the Union to the
extent of the full quantity of land called for thereby; and upon
the application of said governors the Secretary or such officer
shall proceed to immediately notify such officer as may be
designated by the Secretary of the application made by the governor
of any of the said States of the application made for the
withdrawal of said lands, and the officer so designated shall
proceed to have the survey or surveys so applied for made, as in
the cases of surveys 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, shall be reserved upon the filing of the
application for survey 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 until the expiration of sixty days from the date of the
filing of the township plat of survey in the proper district land
office, during which period of sixty days the State 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, within thirty days from the date of such
filing of the application for survey, 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 and the exclusive right
of selection by the State 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, 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 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.
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