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U.S. Code as of:
01/19/04
Section 870. Grants of land in aid of common or public schools; extension to those mineral in character; effect of leases
Subject to the provisions of subsections (a), (b), and (c) of
this section, the several grants to the States of numbered sections
in place for the support or in aid of common or public schools be,
and they are, extended to embrace numbered school sections mineral
in character, unless land has been granted to and/or selected by
and certified or approved, to any such State or States as indemnity
or in lieu of any land so granted by numbered sections.
(a) The grant of numbered mineral sections under this section
shall be of the same effect as prior grants for the numbered
nonmineral sections, and titles to such numbered mineral sections
shall vest in the States at the time and in the manner and be
subject to all the rights of adverse parties recognized by existing
law in the grants of numbered nonmineral sections.
(b) The additional grant made by this section is upon the express
condition that all sales, grants, deeds, or patents for any of the
lands so granted shall hereafter be subject to and contain a
reservation to the State of all the coal and other minerals in the
lands so sold, granted, deeded, or patented, together with the
right to prospect for, mine, and remove the same. The coal and
other mineral deposits in such lands not heretofore disposed of by
the State shall be subject to lease by the State as the State
legislature may direct, the proceeds and rentals and royalties
therefrom to be utilized for the support or in aid of the common or
public schools: Provided, That any lands or minerals hereafter
disposed of contrary to the provisions of this section shall be
forfeited to the United States by appropriate proceedings
instituted by the Attorney General for that purpose in the United
States district court for the district in which the property or
some part thereof is located.
(c) Except as provided in subsection (d) of this section, any
lands included within the limits of existing reservations of or by
the United States, or specifically reserved for water-power
purposes, or included in any pending suit or proceeding in the
courts of the United States, or subject to or included in any valid
application, claim, or right initiated or held under any of the
existing laws of the United States, unless or until such
reservation, application, claim, or right is extinguished,
relinquished, or canceled, and all lands in the Territory of
Alaska, are excluded from the provisions of this section.
(d)(1) Notwithstanding subsection (c) of this section, the fact
that there is outstanding on any numbered school section, whether
or not mineral in character, at the time of its survey a mineral
lease or leases entered into by the United States, or an
application therefor, shall not prevent the grant of such numbered
school section to the State concerned as provided by this section
and section 871 of this title.
(2) Any such numbered school section which has been surveyed
prior to July 11, 1956, and which has not been granted to the State
concerned solely by reason of the fact that there was outstanding
on it at the time of the survey a mineral lease or leases entered
into by the United States, or an application therefor, is hereby
granted by the United States to such State under this section as if
it had not been so leased; and the State shall succeed the position
of the United States as lessor under such lease or leases.
(3) Any such numbered school section which is surveyed on or
after July 11, 1956, and on which there is outstanding at the time
of such survey a mineral lease or leases entered into by the United
States, shall (unless excluded from the provisions of this section
by subsection (c) of this section for a reason other than the
existence of an outstanding lease) be granted to the State
concerned immediately upon completion of such survey; and the State
shall succeed to the position of the United States as lessor under
such lease or leases.
(4) The Secretary of the Interior shall, upon application by a
State, issue patents to the State for the lands granted by this
section and section 871 of this title, in accordance with section
871a (!1) of this title. Such patent shall, if the lease is then
outstanding, include a statement that the State succeeded to the
position of the United States as lessor at the time the title
vested in the State.
(5) Where at the time rents, royalties, and bonuses accrue the
lands or deposits covered by a single lease are owned in part by
the State and in part by the United States, the rents, royalties,
and bonuses shall be allocated between them in proportion to the
acreage in said lease owned by each.
(6) As used in this subsection, "lease" includes "permit" and
"lessor" includes "grantor".
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