United States Code

Public Lands....

711

DERIVATION

Acts Apr. 25, 1812, ch. 68, § 11, 2 Stat. 717; July 4, 1836, ch. 352, § 1, 5 Stat. 107; Mar. 3, 1873, ch. 226, § 3, 17 Stat. 508.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out as a note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

"Director of the Bureau of Land Management" was substituted for "Commissioner of the General Land Office" and a provision for appointment of the Commissioner by the President, by and with the advice and consent of the Senate, was omitted by 1946 Reorg. Plan No. 3, set out as a note below.

For transfer of records, property, personnel, and funds, see sections 1001-1003 of 1946 Reorg. Plan No. 3, set out as a note under section 133y-16 of Title 5, Executive Departments and Government Officers and Employees.

BUREAU OF LAND MANAGEMENT CREATED

1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided:

"(a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior.

"(b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall receive a salary at the rate of $10,000 per annum, and who shall perform such duties as the Secretary of the Interior shall designate.

"(c) There shall be in the Bureau of Land Management an Associate Director of the Bureau of Land Manage

ment and so many Assistant Directors of the Bureau of Land Management as may be necessary, who shall be appointed by the Secretary of the Interior under the classified civil service and subject to the Classification Act of 1923, as amended, and who shall perform such duties as the Secretary of the Interior may prescribe.

"(d) The General Land Office, the Grazing Service, the offices of Commissioner of the General Land Office, Assistant Commissioner of the General Land Office, Director of the Grazing Service, all Assistant Directors of the Grazing Service, all registers of the district land offices. and United States Supervisor of Surveys, together with the Field Surveying Service now known as the Cadastral Engineering Service, are hereby abolished.

"(e) The Bureau of Land Management and its functions shall be administered subject to the direction and control of the Secretary of the Interior, and the functions transferred to the Secretary by subsection (a) of this section shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of the Interior as he may designate."

Sections 4.250-4.252 of Title 43 C. F. R. as added by Order No. 2225, Secretary of the Interior, 11 F. R. 7776, provided:

"§ 4.250 General functions. Pursuant to the provisions of section 403 (e) of Reorganization Plan No. 3 of 1946, the functions and powers of the Grazing Service, the General Land Office, the Director of Grazing, all Assistant Directors of the Grazing Service, the Commissioner of the General Land Office, the Assistant Commissioner of the General Land Office, all registers of the district land offices, and the United States Supervisor of Surveys, together with the Field Surveying Service, now known as the Cadastral Engineering Service, transferred to the Secretary of the Interior by section 403 of Reorganization Plan No. 3 of 1946, shall, subject to the direction and control of the Secretary and to such regulations as the Secretary deems proper, be exercised by the Director of the Bureau of Land Management. The Director, with the approval of the Secretary, may perform these functions through such officers or organizational units of the Bureau of Land Management as he may designate.

"§ 4.251 Functions of Manager of District Land Office. Each of the district land offices shall be in charge of and administered by a Manager of the district land office, who shall, subject to the supervision of the Director of the Bureau of Land Management, perform the functions and powers formerly exercised by the Register of the district land office. Pending the appointment of a Manager for each district land office, an Acting Manager shall be in charge. The position of the Acting Manager shall be filled by the former Register of the district land office.

"§ 4.252 Functions of Chief Cadastral Engineer. The Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management, shall perform the functions and powers formerly exercised by the United States Supervisor of Surveys. Pending the appointment of the Chief Cadastral Engineer, an Acting Chief Cadastral Engineer shall be in charge. The position of the Acting Chief Cadastral Engineer shall be filled by the former United States Supervisor of Surveys."

In a communication of July 15, 1946, set out in 11 F. R. 7776, the Secretary of the Interior stated in part that all rules and regulations of the General Land Office and the Grazing Service which were in force at the time of consolidation, except to the extent that they are in conflict with the Reorg. Plan and Order No. 2225, cited above, will be continued in effect until otherwise ordered and that all present field officers of these agencies will, until further notice, be continued in operation.

§ 2. Duties concerning public lands.

The Secretary of the Interior or such officer as he may designate shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government. (R. S. § 453; Feb. 18, 1875, ch. 80, § 1, 18 Stat.

317; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946. 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Acts Apr. 25, 1812, ch. 68, § 1, 2 Stat. 716; July 4, 1836, ch. 352, § 1, 5 Stat. 107; June 6, 1874, ch. 223, 18 Stat. 62; Feb. 18, 1875, ch. 80, 18 Stat. 317.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

"The Secretary of the Interior or such officer as he may designate shall perform" was substituted for "The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior," by 1946 Reorg. Plan No. 3. See note under section 1 of this

title.

§§ 3-5. Omitted.

CODIFICATION

Section 3, acts July 11, 1890, ch. 667, § 1, 26 Stat. 257; June 17, 1910, ch. 297, 36 Stat. 512, provided for the office of an assistant commissioner of the General Land Office, which was abolished by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100. That Plan provided for a Bureau of Land Management, including an Associate Director and as many Assistant Directors as the Secretary of the Interior may find necessary. See note set out under section 1 of this title.

Section 3a, act June 5, 1942, ch. 336, § 1, 56 Stat. 312, provided for assistant or deputy commissioners of the General Land Office and Bureau of Indian Affairs. Insofar as it related to the General Land Office it was superseded by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100, set out as notes under section 1 and former section 3 of this title. Provisions unaffected by the Plan relating to the Bureau of Indian Affairs are set out as section 2a of Title 25, Indians.

Section 4, act May 22, 1908, ch. 186, § 1, 35 Stat. 225, which provided for a temporary assistant commissioner of the General Land Office, was superseded by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title. See also notes under former sections 3 and 3a of this title. Section 5, R. S. § 447. om acts July 4, 1836, ch. 352, § 4. 5 Stat. 111; Mar. 3. 7, ch. 33, § 1, 5 Stat. 163, 164, provided for a recorder of the former General Land Office. Office of Recorder of former General Land Office was abolished, and functions of recorder were directed to be exercised under direction and supervision of Secretary of the Interior through those officers or employees of the former General Land Office as he might designate, by 1940 Reorg. Plan No. III, § 4, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232, set out as notes under section 133t of Title 5, Executive Departments and Government Officers and Employees. See 1940 Reorg. Plan No. III for provisions relating to transfer of records, property, personnel, and funds.

§ 6. Duties of employees to certify, record, etc., patents.

It shall be the duty of such officers or employees of the Bureau of Land Management as may be designated by the Secretary of the Interior, in pursuance of instructions from the Secretary of the Interior or such officer as he may designate, to certify and affix the seal of the office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patents. They shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and shall prepare such copies and exemplifications of

matters on file or recorded in the Bureau of Land Management as the Secretary or such officer may from time to time direct. (R. S. § 459; 1940 Reorg. Plan No. III, § 4, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Acts Apr. 25, 1812, ch. 68, § 8, 2 Stat. 717; July 4, 1836, ch. 352, § 4, 5 Stat. 111.

TRANSFER OF FUNCTIONS

"Bureau of Land Management" was substituted for "General Land Office" and references to the Commissioner were changed to Secretary of the Interior or such officer as he may designate by 1946 Reorg. Plan No. 3. See note under section 1 of this title.

Office of Recorder of General Land Office, was abolished, and functions of recorder were directed to be exercised under direction and supervision of Secretary of Interior, through such officers or employees of General Land Office as he may designate, by 1940 Reorg. Plan No. III, set out as a note under section 133t of title 5. See, also, sections 8 and 9 of 1940 Reorg. Plan No. III for provisions relating to transfer of records, property, personnel, and funds. §§ 7, 8. Omitted.

CODIFICATION

Section 7, act May 22, 1908, ch. 186, § 1, 35 Stat. 225, authorized the Secretary of the Interior to designate a temporary recorder for the former General Land Office in certain cases. 1940 Reorg. Plan No. III, § 4, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232, set out as notes under section 133t of Title 5, Executive Departments and Government Officers and Employees, abolished the office of Recorder of the former General Land Office and provided that his functions should be exercised under the direction and supervision of the Secretary of the Interior through those officers or employees of the former General Land Office as he might designate.

Section 8, which provided for one clerk in the Bureau of Land Management to sign land patents, was from the Department of Interior Appropriation Act, 1949, act June 29, 1948, ch. 754, § 1, 62 Stat. 1114 and has not been repeated in subsequent appropriation acts.

REPEALS

A prior section 8, R. S. § 450; acts June 19, 1878, ch. 329, § 1, 20 Stat. 183; May 24, 1922, ch. 199, 42 Stat. 552; Jan. 24, 1923, ch. 42, 42 Stat. 1174; June 5, 1924, ch. 264, 43 Stat. 391; Mar. 3, 1925, ch. 462, 43 Stat. 1142; May 10, 1926, ch. 277, § 1, 44 Stat. 456; Jan. 12, 1927, ch. 27, 44 Stat. 937; Mar. 7, 1928, ch. 137, § 1, 45 Stat. 202; Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1564; May 14, 1930, ch. 273, § 1, 46 Stat. 281; Feb. 14, 1931, ch. 187, § 1, 46 Stat. 1117; Apr. 22, 1932, ch. 125, § 1, 47 Stat. 92; Feb. 17, 1933, ch. 98, § 1, 47 Stat. 822; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 364; May 9, 1935, ch. 101, § 1, 49 Stat. 180; June 22, 1936, ch. 691, § 1, 49 Stat. 1761; Aug. 9, 1937, ch. 570, § 1, 50 Stat. 568; May 9, 1938, ch. 187, § 1, 52 Stat. 295; May 10, 1939, ch. 119, § 1, 53 Stat. 691; June 18, 1940, ch. 395, § 1, 54 Stat. 411; June 28, 1941, ch. 259, § 1, 55 Stat. 309; July 2, 1942, ch. 473, § 1, 56 Stat. 511; July 12, 1943, ch. 219, § 1, 57 Stat. 455; June 28, 1944, ch. 298, § 1, 58 Stat. 468; July 3, 1945, ch. 262, § 1, 59 Stat. 322; July 1, 1946, ch. 529, § 1, 60 Stat. 352; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100; July 25, 1947, ch. 337, § 1, 61 Stat. 460, was repealed by act June 17, 1948, ch. 496, § 2 (a), (d), 62 Stat. 476. However, act

June 29, 1948, reenacted somewhat similar provisions to a prior section 8 of this title, and they were set out as former section 8.

§ 9. Repealed. June 17, 1948, ch. 496, § 2 (b), 62 Stat. 476.

Section, R. S. § 451; act June 19, 1878, ch. 329, § 1, 20 Stat. 183 provided for an assistant to sign land patents, and is now covered by section 15 of this title.

§ 10. Depositary acting for commissioner as receiver of public moneys.

CODIFICATION

Section, acts May 24, 1922, ch. 199, 42 Stat. 555; Jan. 24, 1923, ch. 42, 42 Stat. 1177, expired with the appropriation acts of which it was a part.

§ 11. Restriction on officers, clerks, and employees.

The officers, clerks, and employees in the Bureau of Land Management are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public land; and any person who violates this section shall forthwith be removed from his office. (R. S. § 452; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Acts Apr. 25, 1812, ch. 68, § 10, 2 Stat. 717; July 4, 1836, ch. 352, § 14, 5 Stat. 112.

TRANSFER OF FUNCTIONS

"Bureau of Land Management" was substituted for "General Land Office" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title.

§ 12. Seal, books, and records.

The Secretary of the Interior or such officer as he may designate shall retain the charge of the seal adopted for the Bureau of Land Management which may continue to be used, and of the records, books, papers, and other property appertaining to the Bureau of Land Management. (R. S. § 454; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act Apr. 25, 1812, ch. 68, §§ 4, 5, 2 Stat. 717.

TRANSFER OF FUNCTIONS

The functions of General Land Office were consolidated in the Bureau of Land Management and the functions of the Commissioner were transferred to the Secretary of the Interior or such officer as he may designate by 1946 Reorg. Plan No. 3. See note under section 1 of this title.

§ 13. Original papers on file as evidence.

Whenever the officer, as the Secretary of the Interior may designate, of any United States land

office shall be served with a subpœna duces tecum or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of public lands or the final proof of residence and cultivation or any other original papers on file in the Bureau of Land Management of the United States on which a patent to land has been issued or which furnish the basis for such patent, it shall be the duty of such officer to at once notify the Secretary of the Interior, or such officer as he may designate, of the service of such process, specifying the particular papers he is required to produce, and upon receipt of such notice from any such officer of a United States land office the Secretary or such officer designated by him shall at once transmit to the officer of such land office the original papers specified in such notice, and which such officer is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the original papers upon which patent was issued; and such papers so authenticated shall be received in evidence in all courts of the United States and in the several State courts of the States of the Union: Provided, That the Secretary of the Interior shall make rules and regulations to secure the return of such documents to the Bureau of Land Management, after use in evidence, without cost to the United States. (Apr. 19, 1904, ch. 1398, 33 Stat. 186; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

References to the Commissioner of the General Land Office and registers of United States Land Offices were changed to Secretary of the Interior or such officer as he may designate and "Bureau of Land Management" was substituted for "General Land Office" by 1946 Reorg. Plan No. 3. See note under section 1 of this title.

CROSS REFERENCES

Government records and papers; copies, see section 1733 of Title 28, Judiciary and Judicial Procedure. FEDERAL RULES OF CIVIL PROCEDURE

Proof of official records, see Rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

§ 14. Returns relative to lands.

All returns relative to the public lands shall be made to the Secretary of the Interior or such officer as he may designate. (R. S. § 456; July 31, 1894, ch. 174, § 7, 28 Stat. 207; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.) DERIVATION

Act Apr. 25, 1812, ch. 68. § 9, 2 Stat. 717.

TRANSFER OF FUNCTIONS

performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out as a note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "Commissioner of the General Land Office" by 1946 Reorg. Plan No. 3. See note under section 1 of this title.

§ 15. Issuance and signing of patents by Secretary of Interior; delegation of authority; notice.

All patents for public lands shall be issued and signed by the Secretary of the Interior in the name of the United States: Provided, That the Secretary may delegate his authority under this section to officers or employees of the Department of the Interior, but notice of any such delegation shall be given by publication in the Federal Register. (June 17, 1948, ch. 496, § 1, 62 Stat. 476.)

REPEALS

Section 2 (c) of act June 17, 1948, repealed R. S. § 458; 1940 Reorg. Plan No. III, § 4 eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100, formerly set out as credits to this section.

TRANSFER OF FUNCTIONS

CROSS REFERENCES

Documents required by act of Congress to be published in the Federal Register, see section 305 (a) (3) of Title 44, Public Printing and Documents.

§ 16. Engrossing and recording patents.

The engrossing and recording of patents for public lands may be done by means of typewriters or other machines, under regulations to be made by the Secretary of the Interior and approved by the President. (Mar. 2, 1895, ch. 177, § 3, 28 Stat. 807.)

§ 17. Plats of land surveyed.

The Secretary of the Interior or such officer as he may designate shall, when required by the President or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of the Bureau of Land Management as shall be directed. (R. S. § 455; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act Apr. 25, 1812, ch. 68, § 6, 2 Stat. 717.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3. §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out as a note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "Commissioner of the General Land Office" and "Bureau of Land Management" for "his office" by 1946 Reorg. Plan No. 3. See note under section 1 of this title.

§ 18. Copies of papers filed.

Whenever any person claiming to be interested in or entitled to land, under any grant or patent from the United States, applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the Bureau of Land Management, for the person so applying. (R. S. § 460; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Acts Jan. 23, 1823, ch. 6, 3 Stat. 721; July 4, 1836, ch. 352, § 7, 5 Stat. 111.

TRANSFER OF FUNCTIONS

"Bureau of Land Management" was substituted for "General Land Office" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title.

CROSS REFERENCES

Authenticated copies of official papers to be furnished, on request and on payment of a fee, by Secretary of Interior or other department head, see sections 488, 489, 491, 492 of Title 5. Executive Departments and Government Officers and Employees.

Government records and papers; copies, see section 1733 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CIVIL PROCEDURE

Proof of official records, see Rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

1925 Mar. 3, 1925, ch. 462, 43 Stat. 1145. 1924-June 5, 1924, ch. 264, 43 Stat. 395. 1923-Jan. 24, 1923, ch. 42, 42 Stat. 1179. 1922-May 24, 1922, ch. 199, 42 Stat. 558. 1915 Mar. 3, 1915, ch. 75, § 1, 38 Stat. 855. § 24. Travel by automobile.

Whenever the Secretary of the Interior or such officer as he may designate shall find that the expense of travel can be reduced thereby, he may, in lieu of actual operating expenses, under such regulations as he may prescribe, authorize the payment of not to exceed 7 cents per mile for an automobile used on official business. (May 10, 1926, ch. 277, 1, 44 Stat. 456; Jan. 12, 1927, ch. 27, § 1, 44 Stat. 938; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

"Secretary of the Interior or such officer as he may designate" was substituted for "Commissioner of the General Land Office" by 1946 Reorg. Plan No. 3. See note under section 1 of this title.

§§ 19-21. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029.

31.

Sections, R. S. §§ 461, 2469, 2470; acts Apr. 2, 1888, ch. 54, 25 Stat. 76; Oct. 12, 1888, ch. 1098, 25 Stat. 557; May 29, 1908, ch. 220, § 15, 35 Stat. 469, related to certified copies and exemplifications of records of the former General Land Office.

Department of Interior record provisions and Government records and papers, see section 488 et seq. of Title 5, Executive Departments and Government Officers and Employees, and section 1733 of Title 28, Judiciary and Judicial Procedure.

§ 22. Repealed. July 30, 1947, ch. 354, § 2, 61 Stat. 522. Section, act June 5, 1920, ch. 235, § 1, 41 Stat. 908, which related to cost of photolithographic copies of plats, is now covered by section 488 of Title 5, Executive Departments and Government Officers and Employees.

§ 23. Repealed. Pub. L. 86-649, title II, § 202(b), July 14, 1960, 74 Stat. 507.

Production and sale of copies of photographs and records; disposition of receipts.

46.

Section, act Feb. 14, 1931, ch. 187, 46 Stat. 1118, which prescribed the fees for depositions in hearings in the Bureau of Land Management, is now covered by section 1371 of this title.

Exchange of old freight-carrying vehicles as part payment for new.

SIMILAR PROVISIONS

50.

Similar provisions were contained in the following prior Appropriation Acts:

Survey's share of cost of topographic mapping or water resources investigations carried on with States.

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United States Code, Volume 9