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Department of Interior record provisions and Government records and papers, see section 1460 et seq. of this title, 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 Repealed.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 1460 of this title.

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 Repealed.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

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.

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§ 31. Director of Geological Survey. (a) Establishment of office; appointment and duties; examination of geological structure, mineral resources, and products of the national domain; prohibitions in respect to lands and surveys. The Director of the Geological Survey, which office is established, under the Interior Department, shall be appointed by the President by and with the advice and consent of the Senate. This officer shall have the direction of the Geological Survey, and the classification of the public lands and examination of the geological structure, mineral resources, and products of the national domain. The Director and members of the Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or examinations for private parties or corporations.

(b) Examination of geological structure, mineral resources, and products outside the national domain. The authority of the Secretary of the Interior, exercised through the Geological Survey of the Department of the Interior, to examine the geological structure, mineral resources, and products of the national domain, is expanded to authorize such examinations outside the national domain where determined by the Secretary to be in the national interest.

(c) Report to Congress.

The Secretary of the Interior shall report to the Speaker of the House of Representatives and the President of the Senate on January 31 and July 31 of each year on all actions taken pursuant to subsection (b) of this section during the six months ending on the December 31 and June 30 immediately preceding the reporting date and on the results of such actions. (Mar. 3, 1879, ch. 182, § 1, 20 Stat. 394; Sept. 5, 1962, Pub. L. 87-626, §§ 1, 2, 76 Stat. 427.)

CODIFICATION

Subsec. (a) is from Act Mar. 3, 1879. Subsecs. (b) and (c) are sections 1 and 2, respectively, of Pub. L. 87-626. Provisions of subsec. (a) which limited the salary of the Director of the Geological Survey to $6,000 a year were omitted as obsolete. See chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees.

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 offcers, 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 the Appendix to Title 5.

§ 32. Acting Director.

The Secretary of the Interior may authorize one of the geologists to act as Director of the Geological Survey in the absence of that officer. (July 31, 1894, ch. 174, § 1, 28 Stat. 197.)

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 the Appendix to Title 5, Government Organization and Employees.

§ 33. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section, act June 16, 1880, ch. 235, 21 Stat. 274, authorized the Secretary of War to detail officers of the Ordnance Corps to serve with the Geological Survey.

§ 34. Scientific employees.

The scientific employees of the Geological Survey shall be selected by the director, subject to the approval of the Secretary of the Interior exclusively for their qualifications as professional experts. (July 7. 1884, ch. 332, 23 Stat. 212.)

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 the Appendix to Title 5, Government Organization and Employees.

§ 35. Repealed. Pub. L. 87-304, § 9(a)(2), Sept. 26, 1961, 75 Stat. 664.

Section, act June 30, 1906, ch. 3914, § 1, 34 Stat. 727, authorized scientific and other employees of the United States Geological Survey employed in the field to make assignments of pay, and that they be reimbursed for expenses incurred in the discharge of duty in the field and paid from personal funds. See section 5525 of Title 5, Government Organization and Employees.

§ 36. Purchase of books.

The purchase of professional and scientific books and periodicals needed for statistical purposes by the scientific divisions of the United States Geological Survey is authorized to be made and paid for out of appropriations made for the said Survey. (June 28, 1902, ch. 1301, § 1, 32 Stat. 455.)

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 the Appendix to Title 5, Government Organization and Employees.

§ 36a. Acquisition of scientific or technical books, maps, etc., for library.

The Director of the Geological Survey, under the general supervision of the Secretary of the Interior, is authorized to acquire for the United States, by gift or devise, scientific or technical books, manuscripts, maps, and related materials, and to deposit the same in the library of the Geological Survey for reference and use as authorized by law. (May 14, 1940, ch. 190, 54 Stat. 212.)

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 the Appendix to Title 5, Government Organization and Employees.

§ 36b. Acquisition of lands or interests therein for use in gaging streams or underground water resources. The Secretary of the Interior may, on behalf of the United States and for use by the Geological Survey in gaging streams and underground water resources, acquire lands by donation or when funds have been appropriated by Congress by purchase or condemnation, but not in excess of ten acres for any one stream gaging station or observation well site. For the same purpose the Secretary of the Interior may obtain easements, licenses, rights-of-way, and leases limited to run for such a period of time or term of years as may be required for the effective performance of the function of gaging streams and underground water resources: Provided, That nothing in this section shall be construed as affecting or intended to affect or in any way to interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this section, shall proceed in conformity with such laws, and nothing in this section shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water, in, to, or from any interstate stream or the waters thereof. (Dec. 24, 1942, ch. 822, 56 Stat. 1086; Apr. 4, 1960, Pub. L. 86-406, 74 Stat. 14.)

AMENDMENTS

1960-Pub. L. 86-406 authorized the Secretary of the Interior to acquire lands and interests in lands for observation well sites to gage underground water resources.

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 the Appendix to Title 5, Government Organization and Employees.

§ 37. Purchases or services for Geological Survey.

CODIFICATION

Section, act June 12, 1917, ch. 27, § 1, 40 Stat. 144, is now covered by section 751 et seq. and section 471 et seq. of Title 40, Public Buildings, Property, and Works, chapter 4 of Title 41, Public Contracts, and chapters 21, 25, 27, 29, and 31 of Title 44, Public Printing and Documents.

§ 38. Topographic surveys; marking elevations.

In making topographic surveys west of the ninetyfifth meridian elevations above a base level located in each area under survey shall be determined and marked on the ground by iron or stone posts or permanent bench marks, at least two such posts or bench marks to be established in each township, or equivalent area, except in the forest-clad and mountain areas, where at least one shall be established, and these shall be placed, whenever practicable,

near the township corners of the public-land surveys; and in the areas east of the ninety-fifth meridian at least one such post or bench mark shall be similarly established in each area equivalent to the area of a township of the public land surveys. (June 11, 1896, ch. 420, § 1, 29 Stat. 435.)

$$ 39, 40. Omitted.

CODIFICATION

Section 39, act Feb. 27, 1925, ch. 360, § 1, 43 Stat. 1011, authorized the President to complete a general utility topographical survey of the territory of the United States within a period of twenty years from Feb. 27, 1925. Section 40, act Feb. 27, 1925, ch. 360, § 2, 43 Stat. 1011, which related to cooperative agreements with States to expedite completion of topographical survey, was omitted in view of the expiration of the completion date authorized by former section 39 of this title.

§ 41. Publications and reports; preparation and sale. Except as otherwise provided in section 260 of Title 44, the publications of the Geological Survey shall consist of geological and economic maps, illustrating the resources and classification of the lands, and reports upon general and economic geology and paleontology. All special memoirs and reports of said survey shall be issued in uniform quarto series if deemed necessary by the director, but otherwise in ordinary octavos. Three thousand copies of each shall be published for scientific exchanges and for sale at the price of publication, and all literary and cartographic materials received in exchange shall be the property of the United States and form a part of the library of the organization; and the money resulting from the sale of such publications shall be covered into the Treasury of the United States, under the direction of the Secretary of the Interior. (Mar. 3, 1879, ch. 182, § 1, 20 Stat. 394; Aug. 7, 1946, ch. 770, § 1 (10), 60 Stat. 867.)

REFERENCES IN TEXT

Section 260 of Title 44, referred to in text, was repealed in the general revision of Title 44 by Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238, and is now covered by section 1318 of Title 44.

CODIFICATION

The words "Except as otherwise provided in section 260 of Title 44" were inserted to avoid conflict with the provisions of such section 260 of Title 44 as set out prior to the general revision of Title 44 by Pub. L. 90-620, derived from Joint Res. May 16, 1902, No. 22.

AMENDMENTS

1946-Act Aug. 7, 1946 repealed all provisions requiring preparation, and transmission by the Secretary of the Interior, of an annual report of operations.

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 the Appendix to Title 5, Government Organization and Employees.

842. Distribution of maps and atlases, etc.

The Director of the Geological Survey is authorized and directed, on the approval of the Secretary of the Interior, to dispose of the topographic and geologic maps and atlases of the United States, made and published by the Geological Survey, at such

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prices and under such regulations as may from time to time be fixed by him and approved by the Secretary of the Interior; and a number of copies of each map or atlas, not exceeding five hundred, shall be distributed gratuitously among foreign governments and departments of our own Government to literary and scientific associations, and to such educational institutions or libraries as may be designated by the Director of the Survey and approved by the Secretary of the Interior. After June 7, 1924, the distribution of geological publications to libraries designated as special depositaries of such publications shall be discontinued. (Feb. 18, 1897, No. 13, § 1, 29 Stat. 701; June 7, 1924, ch. 303, 43 Stat. 592.)

CODIFICATION

The first sentence is from Joint Res. Feb. 18, 1897; the second sentence from act June 7, 1924.

Joint Res. Feb. 18, 1897 superseded a provision contained in act June 11, 1896, ch. 420, § 1, 29 Stat. 436, authorizing the sale of topographical maps with text at cost and ten per centum added.

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 the Appendix to Title 5, Government Organization and Employees.

CROSS REFERENCES

Government publications to be sold to public at cost plus 50 per centum except a discount of 25 per centum may be allowed to authorized book dealers and quantity purchasers, see section 1708 of Title 44, Public Printing and Documents.

§ 43. Copies to Senators, Representatives, and Delegates.

One copy of each map and atlas shall be sent to each Senator and each Representative and Delegate in Congress, if published within his term; and a second copy shall be placed at the disposal of each such Senator, Representative and Delegate (Feb. 16, 1897, No. 13, § 2, 29 Stat. 701.)

§ 44. Sale of transfers or copies of data.

The Director of the Geological Survey shall, if the regular map work of the Survey is in no wise interfered with thereby, furnish to any person, concern, institution, State or foreign government, that shall pay in advance the whole cost thereof with 10 per centum added, transfers or copies of any cartographic or other engraved or lithographic data in the division of engraving and printing of the Survey, and the moneys received by the Director for such transfers or copies shall be deposited in the Treasury. (June 30, 1906, ch. 3914, § 1, 34 Stat.

727.)

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 the Appendix to Title 5, Government Organization and Employees.

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

The Director of the United States Geological Survey may produce and sell on a reimbursable basis to interested persons, concerns, and institutions, copies of aerial or other photographs and mosaics that have been obtained in connection with the authorized work of the United States Geological Survey and photographic or photostatic reproductions of records in the official custody of the Director at such prices (not less than the estimated cost of furnishing such copies or reproductions) as the Director, with the approval of the Secretary of the Interior, may determine, the money received from such sales to be deposited in the Treasury to the credit of the appropriation then current and chargeable for the cost of furnishing copies or reproductions as herein authorized. (Mar. 4, 1909, ch. 299, § 1, 35 Stat. 989; July 21, 1947, ch. 273, 61 Stat. 398.) AMENDMENTS

1947-Act July 21, 1947 authorized production and sale of aerial or other photographs and reproductions of records on a reimbursement of appropriations basis.

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 the Appendix to Title 5, Government Organization and Employees.

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

CODIFICATION

Section was from the Interior Department Appropriation Act, 1950, act Oct. 12, 1949, ch. 680, title I, § 101, 63 Stat. 785, and has not been repeated in subsequent appropriation acts.

Similar provisions were contained in the following prior appropriation acts:

1948-June 29, 1948, ch. 754, § 1, 62 Stat. 1133.
1947-July 25, 1947, ch. 337, § 1, 61 Stat. 477.
1946 July 1, 1946, ch. 529, § 1, 60 Stat. 369.
1945 July 3, 1945, ch. 262, § 1, 59 Stat. 343.
1944-June 28, 1944, ch. 298, § 1, 58 Stat. 491.
1943-July 12, 1943, ch. 219, § 1, 57 Stat. 477.
1942-July 2, 1942, ch. 473, § 1, 56 Stat. 537.
1941-June 28, 1941, ch. 259, § 1, 55 Stat. 339.
1940-June 18, 1940, ch. 395, § 1, 54 Stat. 439.
1939-May 10, 1939, ch. 119, § 1, 53 Stat. 719.
1938-May 9, 1938, ch. 187, § 1, 52 Stat. 325.
1937-Aug. 9, 1937, ch. 570, § 1, 50 Stat. 598.
1936 June 22, 1936, ch. 691, § 1, 49 Stat. 1785.
1935-May 9, 1935, ch. 101, § 1, 49 Stat. 200.
1934 Mar. 2, 1934, ch. 38, § 1, 48 Stat. 382.
1933-Feb. 17, 1933, ch. 98, § 1, 47 Stat. 846.
1932-Apr. 22, 1932, ch. 125, § 1, 47 Stat. 118.
1931-Feb. 14, 1931, ch. 187, § 1, 46 Stat. 1147.
1930-May 14, 1930, ch. 273, § 1, 46 Stat. 310.
1929 Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1594.
1928-Mar. 7, 1928, ch. 137, § 1, 45 Stat. 231.
1927-Jan. 12, 1927, ch. 27, § 1, 44 Stat. 961.
1926-May 10, 1926, ch. 277, § 1, 44 Stat. 486.
1925-Mar. 3, 1925, ch. 462, 43 Stat. 1172.
1924-June 5, 1924, ch. 264, 43 Stat. 419.

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Section, which required amounts received by the Geological Survey from any State, Territory or political subdivision thereof in carrying on work involving cooperation to be used in reimbursing the appropriation from which the expense of such work was paid, was from the act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1928 and for other purposes, act Jan. 12, 1927, ch. 27, § 1, 44 Stat. 963, and has not been repeated in subsequent appropriation acts.

Similar provisions were contained in the following act: 1926-May 10, 1926, ch. 277, § 1, 44 Stat. 487.

§ 49. Extension of cooperative work to Puerto Rico. The provisions of law authorizing the making of topographic and geological surveys and conducting investigations relating to mineral and water resources by the United States Geological Survey in various portions of the United States be, and the same are, extended to authorize such surveys and investigations in Puerto Rico. (June 17, 1935, ch. 268, 49 Stat. 386.)

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 the Appendix to Title 5, Government Organization and Employees.

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

The share of the Geological Survey in any topographic mapping or water resources investigations carried on in cooperation with any State or municipality shall not exceed 50 per centum of the cost thereof. (Pub. L. 91-361, title I, § 100, July 31, 1970, 84 Stat. 674.)

SIMILAR PROVISIONS

The text of section is from the Interior Department Appropriation Act, 1971. Similar provisions were contained in the following prior appropriation acts: 1969-Oct. 29, 1969, Pub. L. 91-98, title I, § 100, 83 Stat.

152.

1968-July 26, 1968, Pub. L. 90-425, title I, § 100, 82 Stat. 431.

1967-June 24, 1967, Pub. L. 90-28, title I, § 100, 81 Stat. 64.

1966-May 31, 1966, Pub. L. 89-435, title I, § 100, 80 Stat. 175.

1965-June 28, 1965, Pub. L. 89-52, title I, § 100, 79 Stat. 181.

1964 July 7, 1964, Pub. L. 88-356, title I, § 100, 78 Stat. 280.

1963-July 26, 1963, Pub. L. 88-79, title I, § 100, 77 Stat.

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1923-Jan. 24, 1923, ch. 42, 42 Stat. 1208. 1922-May 24, 1922, ch. 199, 42 Stat. 586.

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1960-May 13, 1960, Pub. L. 86-455, title I, § 100, 74 Stat. 1959-June 23, 1959, Pub. L. 86-60, title I, § 100, 73 Stat. 1958 June 4, 1958, Pub. L. 85-439, title I, § 1, 72 Stat.

150.

1957-July 1, 1957, Pub. L. 85-77, title I, § 1, 71 Stat. 261. 1956-June 13, 1956, ch. 380, title I, § 101, 70 Stat. 261. 1955-June 16, 1955, ch. 147, title I, § 1, 69 Stat. 145. 1954 July 1, 1954, ch. 446, title I, § 101, 68 Stat. 368. 1953-July 31, 1953, ch. 298, title I, § 1, 67 Stat. 269. 1952-July 9, 1952, ch. 597, title I, § 101, 66 Stat. 454. 1951-Aug. 31, 1951, ch. 375, title I, § 101, 65 Stat. 259. 1950 Sept. 6, 1950, ch. 896, ch. VII, title I, § 101, 64 Stat. 690.

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Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1144, which abolished the office of surveyor general and transferred its functions to the Field Surveying Service under the Supervisor of Surveys, was superseded by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100. See note under former section 1 of this title.

The office of surveyor general was abolished in certain states by acts July 31, 1876, ch. 246, 19 Stat. 121, and Oct. 2, 1888, ch. 1069, 25 Stat. 525, and discontinued in others pursuant to R.S. § 2218.

So far as they were not already superseded or obsolete by reason of the abolition or discontinuance of the office, or otherwise, the following provisions were superseded by former provisions of this section:

R.S. § 2207, providing for the appointment of surveyors general in States and territories therein named, and acts Apr. 10, 1890, ch. 77, § 1, 26 Stat. 53, and July 24, 1897, ch. 14, § 2, 30 Stat. 215, providing for surveyors general in North and South Dakota and Alaska;

R.S. §§ 2208-2211; acts Apr. 10, 1890, ch. 77, § 2, 26 Stat. 53; July 24, 1897, ch. 14, § 3, 30 Stat. 215, concerning the salaries of particular surveyors general;

R.S. §§ 2212-2214, concerning the number and location, of offices, and the place of residence, of surveyors general. R.S. §§ 2215 and 2216, concerning bonds of surveyors general;

R.S. § 2217, concerning the duration of the term of office of surveyors general;

R.S. §§ 2226 and 2227, concerning allowances for clerk hire and office expenses;

Act Mar. 3, 1893, ch. 211, § 1, 27 Stat. 709, relative to the consolidation of the offices of two or more surveyors general; and provisions of act May 24, 1922, ch. 199, 42 Stat. 556, and prior acts concerning the detail of clerks from the office of one surveyor general to another.

§ 52. Surveying duties.

The Secretary of the Interior or such officer as he may designate shall engage a sufficient number of skillful surveyors as his deputies, to whom he is authorized to administer the necessary oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the instructions of the Bureau of Land Management, and to remove them for negligence or misconduct in office.

Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian

lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the Bureau of Land Management, in respect to the public lands to which the Indian title has been or may be extinguished.

Third. He shall cause to be surveyed all private land claims after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands.

Fourth. He shall transmit to the officer, as the Secretary of the Interior may designate, of the respective land offices general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to such officer as the Secretary may designate.

Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for the Secretary of the Interior or such officer as he may designate to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination; and the actual and necessary expenses of such person shall be allowed and paid for that service, and $5 a day during the examination in the field; but such examination shall not be protracted beyond thirty days; and in no case longer than is actually necessary; and when the Secretary or such officer, or any person employed in his office at a regular salary, is engaged in such special service, he shall receive only his necessary expenses in addition to his regular salary. (R. S. § 2223; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Acts May 18, 1796, ch. 29, § 1, 1 Stat. 464; Apr. 29, 1816, ch. 151, § 1, 3 Stat. 325; Mar. 3, 1831, ch. 116, § 1, 4 Stat. 492; Mar. 3, 1853, ch. 145, §§ 3, 10, 10 Stat. 245, 247; Apr. 24, 1874, ch. 127, 18 Stat. 34; Aug. 9, 1876, ch. 256, 19 Stat. 126.

CODIFICATION

References to the surveyors general were changed to the supervisor of surveys and provisions limiting the application of the section to points "within his surveying district" were omitted on authority of act Mar. 3, 1925, which abolished the office of surveyor general and transferred its activities to the Field Surveying Service under the Jurisdiction of the U.S. Supervisor of Surveys.

Provisions different from those of the fifth paragraph, for inspection of surveying operations, were made by several Sundry Civil Appropriation Acts, in connection with the appropriations for surveys and resurveys, and limited to the expenditure of the particular appropriation.

TRANSFER OF FUNCTIONS

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

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