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U.S. Code as of:
01/19/04
Section 864. Survey of land grants to Florida
It shall be lawful for the properly credited agent or official of
the State of Florida having in charge the adjustment of its school
grant to apply to the Secretary of the Interior, or such officer as
he may designate, for the survey of any townships or parts of
townships of public land unsurveyed in any of the surveying
districts of said State, with a view to satisfy the grant in aid of
schools made to said State 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 or such officer as he may
designate shall proceed to have the survey or surveys so applied
for made, as in the case of surveys 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 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 date of filing of the township plat of survey in
the proper district land office, which period of sixty days the
State 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, 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 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 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 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: Provided, That
the Secretary 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 or such officer as he may designate to
survey any lands within the exterior boundaries of the Everglades,
as defined in Everglades patent numbered 137, issued to the State
of Florida by the United States under the Swamp Land Act of 1850.
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