43 USC § 861 - Preference right of selection granted certain Western States; bona fide settlers

---
identifier: "/us/usc/t43/s861"
source: "usc"
legal_status: "official_prima_facie"
title: "43 USC § 861 - Preference right of selection granted certain Western States; bona fide settlers"
title_number: 43
title_name: "PUBLIC LANDS"
section_number: "861"
section_name: "Preference right of selection granted certain Western States; bona fide settlers"
chapter_number: 20
chapter_name: "RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Mar. 3, 1893, ch. 208, 27 Stat. 592.)"
---


# § 861. Preference right of selection granted certain Western States; bona fide settlers

February 22, 1889

The States of North Dakota, South Dakota, Montana, Idaho, and Washington shall have a preference right over any person or corporation to select lands subject to entry by said States by the Act of Congress approved , for a period of sixty days after lands have been surveyed and duly declared to be subject to selection and entry under the general land laws of the United States.

Such preference right shall not accrue against bona fide homestead or preemption settlers on any of said lands at the date of filing of the plat of survey of any township in any local land office of said States.

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**Source Credit**: (Mar. 3, 1893, ch. 208, 27 Stat. 592.)

## Editorial Notes

### References in Text

Act , referred to in text, is , . Provisions relating to admission of the enumerated States into the Union are not classified to the Code.