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43 USC Sec.
859
01/16/96
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TITLE 43 - PUBLIC LANDS
CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC
PURPOSES
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Sec. 859. Fee simple to pass in all grants
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Where lands have been or may hereafter be granted
by any law of
Congress to any one of the several States and Territories,
and
where such law does not convey the fee-simple title of the
lands,
or require patents to be issued therefor, the list of such
lands
which have been or may hereafter be certified by the
Secretary of
the Interior or such officer as he may designate, under the
seal of
his office, either as originals or copies of the originals or
records shall be regarded as conveying the fee simple of all
the
lands embraced in such lists that are of the character
contemplated
by such Act of Congress, and intended to be granted thereby,
but
where lands embraced in such lists are not of the character
embraced by such Acts of Congress, and are not intended to be
granted thereby, the lists, so far as these lands are
concerned,
shall be perfectly null and void, and no right, title, claim,
or
interest shall be conveyed thereby.
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(R.S. Sec. 2449; 1946 Reorg. Plan No. 3, Sec. 403, eff.
July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
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CODIFICATION
R.S. Sec. 2449 derived from acts Aug. 3, 1854, ch.
201, 10 Stat.
346; Mar. 3, 1875, ch. 139, Sec. 8, 18 Stat. 475.
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TRANSFER OF FUNCTIONS
For transfer of functions of other officers,
employees, and
agencies of Department of the Interior, with certain
exceptions, to
Secretary of the Interior, with power to delegate, see Reorg.
Plan
No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R.
3174, 64
Stat. 1262, set out under section 1451 of this title.
''Secretary of the Interior or such officer as he
may designate''
substituted for ''Commissioner of the General Land Office''
on
authority of section 403 of Reorg. Plan No. 3 of 1946. See
note set
out under section 1 of this title.