§ 674. Memorandum in connection with application. Every person making application at any of the land offices of the United States for the purchase at private sale of a tract of land shall produce to the Secretary of the Interior or such officer as he may designate a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, half section, quarter section, half quarter section, or quarter quarter section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the Secretary or such officer shall file and preserve in his office. (R. S. § 2355; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.) DERIVATION Act Feb. 24. 1810, ch. 11, § 1, 2 Stat. 556. 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 "register" where such word first appeared; and "the Secretary or such officer" was substituted for "register" near end of section, on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title. § 675. Private sale of lands in Missouri. All public lands within the State of Missouri shall be subject to disposal at private sale in the manner provided by law for the sale of lands which have been publicly offered for sale, whether such lands have ever been offered at public sale or not: Provided, That the actual settlers shall have a preference right, under such rules and regulations as the Secretary of the Interior may prescribe. (May 18, 1898, ch. 344, § 2, 30 Stat. 418.) § 676. Highest bidder at private sale. Where two or more persons apply for the purchase, at private sale, of the same tract, at the same time, the Secretary of the Interior or such officer as he may designate shall determine the preference, by forthwith offering the tract to the highest bidder. (R. S. § 2365; 1946 Reorg. Plan No. 3, § 403, eff. July Act Apr. 24, 1820, ch. 51, § 6, 3 Stat. 567. 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 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 cut as a note under section 481 of Title 5, Executive Departments and Government Officers and Employees. Reference to "register" was changed to "Secretary of the Interior or such officer as he may designate" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title. § 677. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029. Section, R. S. § 2356, related to credit on sales, and payment of price. § 678. Price of lands. The price at which the public lands are offered for sale shall be $1.25 an acre; and at every public sale, the highest bidder, who makes payment as provided in section 677 of this title, shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than $1.25 an acre; and all the public lands which are offered at public sale, according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at $1.25 an acre, to be paid at the time of making such entry: Provided, That the price to be paid for alternate reserved lands, along the line of railroads within the limits granted by any Act of Congress, shall be $2.50 per acre. (R. S. § 2357.) DERIVATION Acts Apr. 24, 1820, ch. 51, § 3, 3 Stat. 566; Mar. 3, 1877. ch. 107, 19 Stat. 377. REFERENCES IN TEXT Section 677 of this title, referred to in the text, which related to credit on sales and payment of price, was repealed by act Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029. CROSS REFERENCES Reduction in price of alternate sections of railroad lands, see section 679 of this title. Sale of isolated or disconnected tracts of public lands notwithstanding this section, see section 1171 of this title. § 679. Price of alternate sections of railroad lands. The price of lands subject to entry on June 15, 1880, and which were raised to $2.50 per acre, and put in market prior to January 1861, by reason of the grant of alternate sections for railroad purposes is reduced to $1.25 per acre. (June 15, 1880, ch. 227, § 3, 21 Stat. 238.) § 680. Mineral lands. Section 679 of this title shall not apply to any of the mineral lands of the United States; and no person who shall be prosecuted for or proceeded against on account of any trespass committed or material taken from any of the public lands after March 1, 1879, shall be entitled to the benefit thereof. (June 15, 1880, ch. 227, § 4, 21 Stat. 238.) § 681. Price of forfeited railroad lands and lands adjacent to railroad lands. The price of all sections and parts of sections of the public lands within the limits of the portions of the several grants of lands to aid in the construction of railroads which have been or may be forfeited, which were by the Act making such grants or have since been increased to the double minimum price, and, also, of all lands within the limits of any such railroad grant, but not embraced in such grant lying adjacent to and coterminous with the portions of the line of any such railroad which was not completed on March 2, 1889, shall be $1.25 per acre. (Mar. 2, 1889, ch. 381, § 4, 25 Stat. 854.) § 682. Sale for cemetery purposes. The Secretary of the Interior is authorized to sell and convey to any religious or fraternal association, or private corporation, empowered by the laws under which such corporation or association is organized or incorporated to hold real estate for cemetery purposes, not to exceed eighty acres of any unappropriated nonmineral public lands of the United States for cemetery purposes, upon the payment therefor by such corporation or association of the sum of not less than $1.25 per acre: Provided, That title to any land disposed of under the provisions of this section shall revert to the United States, should the land or any part thereof be sold or cease to be used for the purpose herein provided. (Mar. 1, 1907, ch. 2286, 34 Stat. 1052.) § 682a. Sale or lease of small tracts for residence, recreation, business, or community site purposes. The Secretary of the Interior, in his discretion, is authorized to sell or lease to any person or organization described in section 682c of this title a tract of not exceeding five acres of any vacant, unreserved public lands, public lands withdrawn by Executive Orders Numbered 6910 of November 26, 1934, and 6964 of February 5, 1935, for classification, or public lands withdrawn or reserved by the Secretary of the Interior for any purposes, which the Secretary may classify as chiefly valuable for residence, recreation, business, or community site purposes, if he finds that such sale or lease of the lands would not unreasonably interfere with the use of water for grazing purposes nor unduly impair the protection of watershed areas, in reasonably compact form and under such rules and regulations as he may prescribe, at a price to be determined by him, for such use: Provided, That no land may be sold hereunder unless it has been surveyed. No person or organization shall be permitted to purchase or lease more than one tract under the provisions of sections 682a-682e of this title, except upon a showing of good faith and reasons satisfactory to the Secretary. (June 1, 1938, ch. 317, § 1, 52 Stat. 609; July 14, 1945, ch. 298, 59 Stat. 467; June 8, 1954, ch. 270, 68 Stat. 239.) AMENDMENTS 1954 Act June 8, 1954, in amending act June 1, 1938, on which this section is based, divided the provisions of that act into separate sections (now set out as this section and sections 682b-682e of this title, and changed the provisions generally (1) by extending the leasing (but not the selling) provisions to unsurveyed lands; (2) by adding community site purposes to those for which sites may be sold or leased; (3) by inserting the provision protecting the use of water for grazing purposes, and protecting watershed areas; (4) by inserting "or organization" after “person” in the provision limiting purchase or lease to one tract, except as otherwise provided; (5) by transferring to section 2 of that act (section 682b of this title) the provisions prohibiting sale at less than cost of survey, and reserving to the United States the mineral rights; (6) by amending generally and transferring to section 3 of that act (section 682c of this title) the provisions describing who may be lessees or purchasers (see Prior Law note under section 682c of this title); (7) by amending and transferring to section 4 of that act (section 682d of this title) the provisions with respect to purchases or leases by employees of the Department of the Interior stationed in Alaska (see Prior Law note under section 682d of this title); and (8) by enacting, as section 5 of that act, the provisions set out as section 682e of this title. 1945-Act July 14, 1945, struck out "prescribed: Provided further, That this section shall not apply to any lands in the territory of Alaska.", and substituted "prescribe further * * under this section." DISPOSAL OF LANDS FOR PUBLIC OR RECREATIONAL PURPOSES Disposal of lands for public or recreational purposes, see sections 869 to 869-3 of this title. CROSS REFERENCES Preference right of World War II and Korean conflict veterans, see sections 279-284 of this title. § 682b. Same; minimum selling price; reservation of mineral rights. No tract shall be sold for less than the cost of making any survey necessary to describe properly the land sold. Patents for all tracts purchased under the provisions of sections 682a-682e of this title shall contain a reservation to the United States of the oil, gas, and all other mineral deposits, together with the right to prospect for, mine, and remove the same under applicable law and such regulations as the Secretary may prescribe. (June 1, 1938, ch. 317, § 2, as added June 8, 1954, ch. 270, 68 Stat. 239.) PRIOR LAW Similar provisions on this subject were formerly contained in section 682a of this title. See 1954 Amendment note under that section. § 682c. Same; qualifications of lessees and purchasers. A lease may be issued or a sale made under sections 682a-682e of this title to any of the following: (a) An individual who is a citizen of the United States, or who has filed his declaration of intention to become a citizen as required by the naturalization laws; (b) a partnership or an association, each of the members of which is a citizen of the United States or has filed a declaration of intention to become a citizen; (c) a corporation, including nonprofit corporations, organized under the laws of the United States, or of any State or Territory thereof, and authorized to do business in the State or Territory in which the land is located; (d) a State, Territory, municipality, or other governmental subdivision. (June 1, 1938, ch. 317, § 3, as added June 8, 1954, ch. 270, 68 Stat. 239.) PRIOR LAW Prior provisions on this subject were formerly contained in section 682a of this title (see 1954 Amendment note thereunder). Those prior provisions restricted sales or leases to "any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such a citizen, as required by the naturalization laws." § 682d. Same; sales or leases to employees of Department of Interior stationed in Alaska. Any employee of the Department of the Interior, stationed in Alaska, notwithstanding such employment, may, in the discretion of the Secretary, purchase or lease under sections 682a-682e of this title one tract for residence or recreation purposes in the Territory of Alaska: Provided, however, That any conveyance by the Secretary to such employee shall contain a provision under which said tract shall revert to the United States if used, within twenty-five years after issuance of patent for such tract, for other than residential or recreation purposes. (June 1, 1938, ch. 317, § 4, as added June 8, 1954, ch. 270, 68 Stat. 240.) PRIOR LAW Prior provisions on this subject were formerly contained in section 682a of this title (see 1954 Amendment note under that section). Those prior provisions excluded "business sites" from those which might be purchased or leased by Department of the Interior employees; did not contain, as in this section, the words "for residence or recreation purposes"; and did not provide, as in this section, for reversion to the United States in certain cases. ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 682e. Same; application to certain revested grant lands in Oregon; conditions. The authority to lease lands under sections 682a682e of this title shall extend to the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands situated in the State of Oregon and under the jurisdiction of the Department of the Interior, except that— (a) such lands shall be leased only for residential, recreational, or community site purposes and not for business purposes; and (b) no lease of such lands shall be made if such lease would interfere with the application of the sustained yield timber management requirement established with respect to such lands by sections 1181a-1181f of this title. (June 1, 1938, ch. 317, § 5, as added June 8, 1954, ch. 270, 68 Stat. 240.) S$ 683-687. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029. Sections, R. S. §§ 2358-2360, 2364; act Jan. 12, 1877, ch. 18, § 2, 19 Stat. 221, related to the fixing of a minimum price, and public sales of public lands. § 688. Several certificates to two or more purchasers of same section. Where two or more persons have become purchasers of a section or fractional section, the Secretary of the Interior or such officer as he may designate of the land office of the district in which the lands lie shall, on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them; but in no case shall the fractions so purchased be divided by other than north and south, or east and west, lines; nor shall any certificate issue for less than 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 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. The reference to "register" was 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. § 689. Refund of purchase money. The Secretary of the Interior is authorized, upon proof being made, to his satisfaction, that any tract of land has been erroneously sold by the United States, so that from any cause the sale cannot be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated. (R. S. § 2362.) DERIVATION Acts Jan. 12, 1825, ch. 5, 4 Stat. 80; Feb. 28, 1859, ch. 64. § 1, 11 Stat. 387. CROSS REFERENCES Abolition of appropriation account, "Repayment for lands erroneously sold," repeal of appropriations to which expenditures thereunder were chargeable, and authorization of appropriation of sums necessary to meet expenditures of the character chargeable thereto, see section 725q (b) (14) of Title 31, Money and Finance. § 690. Sources of funds for repayment. Where any tract of land has been erroneously sold. as described in section 689 of this title, and the money which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto. (R. S. § 2363.) DERIVATION Act Feb. 28, 1859, ch. 64, § 2, 11 Stat. 388. Abolition of appropriation account. "Repayment for lands erroneously sold," repeal of appropriations to which expenditures thereunder were chargeable, and authorization of appropriation of sums necessary to meet expenditures of the character chargeable thereto, see section 725q (b) (14) of Title 31, Money and Finance. § 691. Purchase of lands located in good faith by claims arising under treaty. The Secretary of the Interior is authorized to permit the purchase, with cash or military bounty-land warrants, of such lands as may have been located with claims arising under the seventh clause of the second article of the treaty of September 30, 1854, at such price per acre as he deems equitable and proper, but not at a less price than $1.25 per acre, and the owners and holders of such claims in good faith are also permitted to complete their entries, and to perfect their titles under such claims upon compliance with the terms above mentioned; but it must be shown to the satisfaction of the Secretary of the Interior that such claims are held by innocent parties in good faith, and that the locations made under such claims have been made in good faith and by innocent holders of the same. (R. S. § 2368.) DERIVATION Act June 8, 1872, ch. 357, 17 Stat. 340. § 692. Coin receivable in payment. Foreign coins shall be received in all payments on account of public lands, at the value estimated quarterly by the Director of the Mint, and proclaimed by the Secretary of the Treasury, in accordance with the provisions of R.S. § 3564. (R.S. § 2366.) DERIVATION Acts Mar. 3, 1823, ch. 53, § 1, 3 Stat. 779; Feb. 21, 1857, ch. 56, 1, 11 Stat. 163. REFERENCES IN TEXT As originally enacted "Foreign coins" read "The gold coins of Great Britain and other foreign coins." By Ex. Ord. No. 6260, § 5, set out as a note under section 95a of Title 12, Banks and Banking, the holding of gold coin, gold bullion, and gold certificates in excess of $100 was forbidden except under license from the Federal Govern R.S. § 3564, referred to in the text, which provided that the value of standard foreign coins should be estimated and proclaimed annually, was superseded by provisions of the McKinley Tariff Act of Oct. 1, 1890, ch. 1244, § 52, 26 Stat. 624; Wilson Tariff Act of Aug. 27, 1894, ch. 349, § 25; and Tariff Act of June 17, 1930, ch. 497, Title IV, § 522, 46 Stat. 739 (classified to section 372 of Title 31, Money and Finance). CROSS REFERENCES Debts due United States as payable in gold or silver coins of United States, see section 199 and note thereunder of Title 31, Money and Finance. § 693. Provisions for mistakes in entry. In every case of a purchaser of public lands, at private sale, having entered at the land office, a tract different from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that purpose to such officer of the land office as the Secretary of the Interior may designate; and if it appears from testimony satisfactory to such officer that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land; or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land office, such designated officer shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of other lands in the same district, or credited in the payment for other lands which have been purchased at the same office. (R. S. § 2369; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.) DERIVATION Act Mar. 3, 1819, ch. 98, 3 Stat. 526. CODIFICATION The words "and receiver" which followed the word "register" in the original text were omitted in view of Acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated the offices of register and receiver and provided for the abolition of the latter. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and em ployees 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 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. The reference, "register of the land office" was changed to "such officer of the land office as the Secretary of the Interior may designate"; the second such reference was changed to "such officer"; and the third such reference was changed to "such designated officer", all on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title. § 694. Mistakes in patent lands. The provisions of section 693 of this title shall extend to all cases where patents have issued or may hereafter issue; upon condition, however, that the party concerned surrenders his patent to the Secretary of the Interior or such officer as he may designate, with a relinquishment of title thereon, executed in a form to be prescribed by the Secretary of the Interior. (R. S. § 2370; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.) DERIVATION Act May 24, 1828, ch. 96, 4 Stat. 301. 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. Reference to "Commissioner of the General Land Office" was changed to "Secretary of the Interior or such officer as he may designate" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title. § 695. Mistakes in location of warrants. The provisions of sections 693 and 694 of this title are made applicable in all respects to errors in the location of land-warrants. (R. S. § 2371.) DERIVATION Act Mar. 3, 1853, ch. 147. § 2, 10 Stat. 257. § 696. Agreements to pay premium to purchasers. If any person before, or at the time of the public sale of any of the lands of the United States, enters into any contract, bargain, agreement, or secret understanding with any other person, proposing to purchase such land, to pay or give to such purchasers for such land a sum of money or other article of property, over and above the price at which the land is bid off by such purchasers, every such contract, bargain, agreement, or secret understanding, and every bond, obligation, or writing of any kind whatsoever, founded upon or growing out of the same, shall be utterly null and void. (R. S. § 2374.) DERIVATION Act Mar. 31, 1830, ch. 48, § 5, 4 Stat. 392. § 697. Error in entry, selection or location; mistake of numbers. In all cases where an entry, selection, or location has been or shall be made of a tract of land not intended to be entered, the entryman, selector, or locator, or, in case of his death, his legal representatives, or, when the claim is by law transferable, his or their transferees, may, in any case coming within the provisions of this section, file his or their affidavit, with such additional evidence as can be procured showing the mistake as to the numbers of the tract intended to be entered and that every reasonable precaution and exertion was used to avoid the error, with such officer of the land district in which such tract of land is situate, as the Secretary of the Interior may designate, who shall transmit the evidence submitted to him, in each case, together with his written opinion both as to the existence of the mistake and the credibility of every person testifying thereto, to the Secretary of the Interior or such officer as he may designate, who, if he be entirely satisfied that the mistake has been made and that every reasonable precaution and exertion has been made to avoid it, is authorized to change the entry and transfer the payment from the tract erroneously entered to that intended to be entered, if the same has not been disposed of and is subject to entry, or, if not subject to entry, then to any other tract liable to such entry, selection, or location; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize such change of entry, nor shall anything herein contained affect the right of third persons. (R. S. § 2372; Feb. 24, 1909, ch. 181, 35 Stat. 645; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; May 21, 1926, ch. 353, 44 Stat. 591; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.) DERIVATION Act May 24, 1824, ch. 138, § 1, 4 Stat. 81. CODIFICATION References to register and receiver were changed to register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated the offices of register and receiver and provided for a single officer to be known as register. Act Feb. 24, 1909 amended the provisions to read as set out in the text. As enacted in the Revised Statutes, this section read as follows: "In all cases of an entry hereafter made, of a tract of land not intended to be entered, by a mistake of the true numbers of the tract intended to be entered, where the tract, thus erroneously entered, does not, in quantity, exceed one half section, and where the certificate of the original purchaser has not been assigned, or his right in any way transferred, the purchaser, or, in case of his death, the legal representatives, not being assignees or transferees, may, in any case coming within the provisions of this section, file his own affidavit, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the register and receiver of the land-district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion, both as to the existence of the mistake and the credibility of each person testifying thereto, to the Commissioner of the General Land-Office, who if he be entirely satisfied that the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, is authorized to change the entry, and transfer the payment from the tract erroneously entered, to that intended to be entered, if unsold; but, if sold, to any other tract liable to entry; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize any such change of entry; nor shall anything herein contained affect the right of third persons." REPEALS The provision of act Jan. 27, 1922, ch. 33, 42 Stat. 359, constituting the second paragraph of this section and providing for procedure where final entries have been canceled, transfer of payments to other claim-free tracts. and relinquishment of right, title and interest to lands originally entered and prohibiting transfer of this right to other tracts, was repealed by act May 21, 1926, which provided in part: “That any applications heretofore filed under the provisions of this Act [Act Jan. 27, 1922] or any claim of which notice is filed within sixty days from the approval of this Act [May 21, 1926], upon which applications are presented within one year from the date of approval of this Act [May 21, 1926], may be perfected and patents issued therefor the same as if this Act [May 21, 1926] had not been passed: Provided further, That when the selection in exchange fails for no fault on the part of the selector another selection in exchange may be made if filed within one year from notice to the selector of the rejection of the selection." 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. Reference to "the register of the land district in which such tract is situate," was changed to "such officer of the land district in which such tract is situate, as the Secretary of the Interior may designate,"; and "Commissioner of the General Land Office," was changed to "Secretary of the Interior or such officer as he may designate," on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title. § 698. Recovery of premiums paid. Every person being a party to such contract, bargain, agreement, or secret understanding, mentioned in section 696 of this title, who pays to such purchaser any sum of money or other article of value, over and above the purchase money of such land, may sue for and recover such excess from such purchaser in any court having jurisdiction of the same. (R. S. § 2375.) DERIVATION Act Mar. 31, 1830, ch. 48, § 5, 4 Stat. 392. § 699. Discovery of agreements. If the party aggrieved have no legal evidence of such contract, bargain, agreement, or secret understanding, mentioned in section 696 of this title, or of the payment of the excess, he may, by civil action compel such purchaser to make discovery thereof; and if in such case the complainant shall ask for relief, the court in which the action is pending may proceed to final decree between the parties to the same; but every such suit shall be commenced within six years next after the sale of such land by the United States. (R. S. § 2376.) |