United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 98 of 150)
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post, S 4669.

Coal lands in Alabama, withheld from homestead entry under Act If «-S"*"^ ^
1883, c. 118, ante, f 4655, may be entered as homestsads, subject to tl»^ ^'^
visions of this act, by Act April 23, 1912, c 87, post, | 4670.

§ 4667. (Act June 22, 1910, c 318, § 2.) Applications for «s»*^'
etc., under act
Any person desiring to make entry under the homestead la^^^'^^ S^
the desert-land law, any State desiring to make selection '^^^^ j[
section four of the Act of August eighteenth, eighteen hux^^^^
and ninety-four, known as the Carey Act, and the Secreta^>^ ?
the Interior in withdrawing under the Reclamation Act '^^ -
classified as coal lands, or valuable for coal, with a view of sec'*-**''^^
or passing title to the same in accordance with the provisions oC ^^If
Acts, shall state in the application for entry, selection, or noti<^^ .
withdrawal that the same is made in accordance with and subjc^"""*"
the provisions and reservations of this Act. (36 Stat. 584.)
(1922)






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Ch. 6) THE PUBLIC LANDS § 4669

§ 4668. (Act June 22, 1910, c. 318, § 3.) Patents for lands, with
reservation of coal, etc.; disposal of coal deposits; prospect-
ing for coal ; damages from mining to surface owners ; mining
by owners for domestic use; right to disprove classification as
coal lands.
Upon satisfactory proof of full compliance with the provisions
of the laws under which entry is made, and of this Act, the en-
tryman shall be entitled to a patent to the land entered by him,
which patent shall contain a reservation to the United States of all
the coal in the lands so patented, together with the right to prospect
for, mine, and remove the same. The coal deposits in such lands shall
be subject to disposal by the United States in accordance with the
provisions of the coal-land laws in force at the time of such disposal.
Any person qualified to acquire coal deposits or the right to mine
and remove the coal under the laws of the United States shall have the
right, at all times, to enter upon the lands selected, entered, or patented,
as provided by this Act, for the purpose of prospecting for coal there-
on upon the approval by the Secretary of the Interior of a bond or un-
dertaking to be filed with him as security for tlie payment of all dam-
ages to the crops and improvements on such lands by reason of such
prospecting. Any person who has acquired from the United States the
coal deposits in any such land, or the right to mine or remove the
same, may reenter and occupy so much of the surface thereof as may
be required for all purposes reasonably incident to the mining and
removal of the coal therefrom, and mine and remove the coal, upon
payment of the damages caused thereby to the owner thereof, or upon
giving a good and sufficient bond or undertaking in an action insti-
tuted in any competent court to ascertain and fix said damages : Pro-
vided, That the owner under such limited patent shall have the right
to mine coal for use upon the land for domestic purposes at any time
prior to the disposal by the United States of the coal deposits : Pro-
vided further, That nothing herein contained shall be held to deny or
abridge the right to present and have prompt consideration of appli-
cations to locate, enter, or select, under the land laws of the United
States, lands which have been classified as coal lands with a view of
disproving such classification and securing a patent without reser-
vation. (36 Stat. 584.)

§ 4669. (Act April 30, 1912, c. 99.) Selection of coal lands by
States; sale of coal lands in isolated or disconnected tracts;
reservation of coal thereon, and right to prospect and mine it.
From and after the passage of this Act unreserved public lands
of the United States, exclusive of Alaska, which have been with-
drawn or classified as coal lands or are valuable for coal shall, in
addition to the classes of entries or filings described in the Act of
Congress approved June twenty-second, nineteen hundred and ten,
entitled "An Act to provide for agricultural entries on coal lands,"
be subject to selection by the several States within whose limits
the lands are situate, under grants made by Congress, and to dis-
position, in the discretion of the Secretary of the Interior, under
the laws providing for the sale of isolated or disconnected tracts of

(1923)



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§ 4669 THE PUBUC LANDS (Tit 32

public lands, but there shall be a reservation to the United States
of the coal in all such lands so selected or sold and of the right to
prospect for, mine, and remove the same in accordance with the
provisions of said Act of June twenty-second, nineteen hundred and
ten, and such lands shall be subject to all the conditions and limi-
tations of said Act. (37 Stat. 105.)

This was an act to tappl«ment Act Jane 22, 1910, c. 318, mentioiied tben-

in, set forth ante, || 4666-4668.
The laws providing for the sale of isolated or disconnected tracts of public

lands, referred to in this act, were contained in B. 8. | 2455, as amended,

post, I 5110.

§ 4670. (Act April 23, 1912, o. 87.) Coal lands in Alabama opened

to agricultural entry.
Unreserved public lands containing coal deposits in the State of
Alabama which are now being withheld from homestead entry un-
der the provisions of the Act entitled "An Act to exclude the pub-
lic lands in Alabama from the operations of the laws relating to
mineral lands/' approved March third, eighteen hundred and eighty-
three, may be entered under the homestead laws of the United
States subject to the provisions, terms, conditions, and limitations
prescribed in the Act entitled "An Act to provide for agricultural
entries on coal lands," approved June twenty-second, nineteen hun-
dred and ten. (37 Stat. 90.)

This was an act entitled **An act extending the operation of the act oC Jut
twenty-second, nineteen hundred and ten, to coal lands in Alabama.**

Act March 3, 18S3, c 118, mentioned in this section, is set forth ante, | 465S.

Act June 22^ 1910, c 318, also mentioned in this section. Is wt forth asts.
U 4666-4668.



CHAPTER SIX A
Timber and Stone Lands

This chapter, inserted here as additional to the original chapters of Title
XXXII of the Revised Statutes, includes the provisions of Act Jane 3, 1878,
c 151, 20 Stat 89, entitled **An act for the sale of timber lands in the stata
of California, Oregon, Nevada, and in Washington Territorj," aa ameiwkd hy
Act Aug. 4, 1892, c. 375, | 2, 27 SUt 34a

S9C ' 090.

4671. Sale of timber and stone lands. 4673. Publication of application for

4672. Applications for purchase of tim- purchase; proofs; entry Mai

her and stone lands; false patent; regulationa.

swearing; penalty.

§ 4671. (Act June 3, 1878, c. 151, § 1, at amended. Act Aug. 4,
1892, c. 375, § 2.) Sale of timber and stone lands.
Surveyed public lands of the United States within the public
land States, not included within military, Indian, or other reser-
vations of the United States, valuable chiefly for timber, but un-
fit for cultivation, and which have not been offered at public sale ac-
cording to law, may be sold to citizens of the United States^ or per-
(1924)



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Ch. 6a) thb public lands § 4672

sons who have declared their intention to become such, in quantities
not exceeding one hundred and sixty acres to any one person or asso-
ciation of persons, at the minimum price of two dollars and fifty cents
per acre; and lands valuable chiefly for stone may be sold on the
same terms as timber lands : Provided, That nothing herein contained
shall defeat or impair any bona-fide claim under any law of the United
States, or authorize the sale of any mining claim, or the improvements
of any bona-fide settler, or lands containing gold, silver, cinnabar,
copper, or coal, or lands selected by the said States under any law of
the United States donating lands for internal improvements, education,
or other purposes: And provided further, That none of the rights
conferred by the act approved July twenty-sixth, eighteen hundred and
sixty-six, entitled "An act granting the right of way to ditch and
canal owners over the public lands, and for other purposes", shall
be abrogated by this act ; and all patents granted shall be subject to
any vested and accrued water rights, or rights to ditches and reservoirs
used in connection with such water rights, as may have been acquired
under and by the provisions of said act ; and such rights shall be ex-
pressly reserved in any patent issued under this act. (20 Stat. 89.
27 Stat. 348.)

This was the first section of an. act entitled "An act for the sale of timber
lands in the States of California, Oregon, Nevada, and in Washington Terri-
tory," cited above.

This section, as originaUy enacted, began with the words, "That surveyed
public lands of the United States within the States of California, Oregon and
Nevada and in Washington Territory," etc. It was amended by Act Aug. 4,
1892, c. 375, S 2, cited above, by striking out the words "States of California,
Oregon and Nevada and in Washington Territory," and inserting in lieu there-
of the words "public land States," thus making the act applicable to timber
lands in all the public land States, which was the purpose of the amending
act, expressed therein.

Act July 26, 1866, c. 262, 14 Stat. 251, mentioned in this section was in-
corporated into R. S. fl 2338, 2339, 2341-2343, 2477, 4646, 4647, 4649-4661,
4019.

Building-stone lands are subject to entry under the placer-mining laws by
Act Aug. 4, 1892, c 375, 8 1» ante, | 4633.

Sections 2 and 3 of this act are set forth post, §| 4672, 4673.

Section 4 of this act made punishable the unlawful cutting, destruction, or
removal of timber on public lands, and provided for prosecutions therefor.
It was superseded by the provisions relating to the same subject of Crim.
Code, § 49, post, § 10216.

Section 5 of tiie act, providing for relief from certain prosecutions for cut-
ting, etc., timber on public lands, on payment for the timber, etc., is set forth
post, I 4988.

Section 6 of the act repealed all acts, etc., inconsistent with the provisions
of this act

§ 4672. (Act June 3, 1878, c. 151, § 2.) Applications for purchase
of timber and stone lands; false swearing ; penalty.
Any person desiring to avail himself of the provisions of this
act shall file with the register of the proper district a written state-
ment in duplicate, one of which is to be transmitted to the Gen-
eral Land Office, designating by legal subdivisions the particular tract
of land he desires to purchase, setting forth that the same is unfit for
cultivation, and valuable chiefly for its timber or stone ; that it is tm-

(1925)



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§ 4673 THB PUBLIC LANDS (Tit 32

inhabited; contains no mining or other improvements, except for
ditch or canal purposes, where any such do exist, save such as were
made by or belong to the applicant, nor, as deponent verily believes,
any valuable deposit of gold, silver, cinnabar, copper, or coal; that «it-
.ponent has made no other application under this act; that he docs
not apply to purchase the same on speculation, but in good faith i<>
appropriate it to his own exclusive use and benefit ; and that he has
not, directly or indirectly, made any agreement or contract, in an\
way or manner, with any person or persons whatsoever, by which
the title which he might acquire from the government of the United
States should inure, in whole or in part, to the benefit of any person
except himself; which statement must be verified by the oath of the
applicant before the register or the receiver of the land-office within
the district where the land is situated ; and if any person taking such
oath shall swear falsely in the premises, he shall be subject to all the
pains and penalties of perjury, and shall forfeit the money which he
may have paid for said lands, and all right and title to the same;
and any grant or conveyance which he may have made, except in
the hands of bona-fide purchasers, shall be null and void. (20 Stat.
89.)

§ 4673. (Act June 3, 1878, c. 151, § 3.) PubUcation of application
for purchase; proofs; entry and patent; regulations.

Upon the filing of said statement, as provided in the second sec-
tion of this act, the register of the land office shall post a notice
of such application, embracing a description of the land by le^al
subdivisions, in his office, for a period of sixty days, and shall
furnish the applicant a copy of the same for publication, at the ex-
pense of such applicant, in a newspaper published nearest the loca-
tion of the premises, for a like period of time ; and after the expiration
of said sixty days, if no adverse claim shall have been filed, the person
desiring to purchase shall furnish to the register of the land-office
satisfactory evidence, first, that said notice of the application prepared
by the register as aforesaid was duly published in a newspaper as
herein required; secondly, that the land is of the character contem-
plated in this act, unoccupied and without improvements, other than
those excepted, either mining or agricultural, and that it apparently
contains no valuable deposits of gold, silver, cinnabar, copper, or coal :
and upon payment to the proper officer of the purchase-money of
said land, together with the fees of the register and the receiver, as
provided for in case of mining claims in the twelfth section of the
act approved May tenth, eighteen hundred and seventy-two, the appli-
cant mav be permitted to enter said tract, and, on the transmission
to the General Land Office of the papers and testimony in the case,
a patent shall issue thereon: Provided, That any person having a
valid claim to any portion of the land may object, in writing, to the
issuance of a patent to lands so held by him, stating the nature of his
claim thereto; and evidence shall be taken, and the merits of said
objection shall be determined by the officers of the land-office, subject
to appeal, as in other land cases. Effect shall be given to the fore-

(1926)



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Ch.6B)



THE PUBLIC LANDS



§ 4673



going provisions of this act by regulations to be prescribed by the
Commissioner of the General Land Office. (20 Stat. 90.)

The second section of this act, referred to in this section, is set forth ante,
I 4672.

Act May 10, 1872, c 152, g 12, mentioned in this section, was incorporated
into B. S. { 2334, ante, § 4642.



CHAPTER SIXB
Desert and Arid Lands, and Irrigation and Reclamation

This chapter, inserted here as additional to the original chapters of Title
XXXII of the Revised Statutes, includes the provisions of the desert-land
laws, the Carey Act and acts amendatory thereof and supplementary thereto,
granting lands to States for reclamation, and the National Reclamation or
Irrigation Act and the acts amendatory thereof and supplementary thereto,
providing for the reclamation of arid lands by the United States.



Sec.

DESERT LANDS

4674. Sale of desert lands; use of wa;,

ter; declaration; patent; quan-
tity purchasable by one person.

4675. Desert lands defined.

4676. States in which act to apply.

4677. Irrigation plan to be filed.

4678. Expenditures on and cultivation

of land required; patent.

4679. Issue of patent on making proofs;

limit of individual holding; ad-
ditional proofs.

4680. Act to apply in Colorado; resi-

dent citizens only entitled to
enter.

4681. Desert-land entries restricted to

surveyed lands; preference of
persons in possession of lands
prior to survey.

4682. Assignments of desert-land en-

tries restricted.

4683. Time to complete irrigation

works and make final proofs
under desert-land entries ex-
tended.

4684. Further extension of time for

final proof in desert-land en-
tries to be granted by the Sec-
retary of the Interior; affidavit
for extension; limit of exten-
sion.

GRANTS OF DESERT LANDS TO

STATES FOR RECLAMATION

(THE CAREY ACT)

4685. (1) Contracts by United States

with public-land States for
donation of arid lands.
(2) Map showing plan of irriga-
tion; regulations for reser-
vation.



6eo.



4686.
4687.

4688.
4689.
4690.

4691.
4692.
4693.

4694.
4695.



(3) States may contract for rec-

lamation and settlement.

(4) Patents to States or assigns;

limit of amount to one per-
son; disposal of funds de-
rived from sale.

Liens for expenses of reclamation
of arid lands.

When time limit for reclamation
begins to run; failure to re-
claim; restoration to public do-
main.

Additional arid lands made avail-
able to State of Idaho for rec-
lamation.

Additional arid lands made avail-
able to states of Idaho and Wy-
oming for reclamation.

Provisions for grants of arid
lands to states for reclamation
extended to territories of New
Mexico and Arizona.

Additional arid lands made avail-
able to State of Nevada for rec-
lamation.

Additional arid lands made avail-
able to State of Colorado for
reclamation.

Provisions for grants of arid
lands to States for reclamation
extended to desert lands within
part of former Ute Indian Res-
ervation in State of Colorado,

Restriction of lands to be includ-
ed under provisions of act

Temporary withdrawal from set-
tlement or entry of lands for
which application under Carey
Act is proposed.

(1927)



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THB PUBLIC LANDS



(Tit 32



BBCLABiATION OP ARID LANDS
BY THB UNITED STATES

4690. Sorveyt in arid regioiu; reserra-
tions for reterroir litea, etc.;
opening lands reserred to home-
stead entries.

4697. Repeal in part of Act Oct 2,

188S, c. 1069; entries on arid
lands; reservation of reservoir
sites.

4698. Reservoir sites to include only

necessary land.

4699. Reservoir sites to be open to use

for right of way; occupancy
and control by states.

4700. Receipts from public lands in

certain States and Territories
appropriated as reclamation
fund; insufficiency of proceeds
of other public lands for sup-
port of agricultural colleges to
be suppli^ from other moneys.

4701. Surveys for and location and con-

struction of irrigation works;
reports to Congress.

4702. Withdrawal from entry of lands

required for works and lands
susceptible of irrigation; lands
to be irrigated subject to entry
under homestead laws; commu-
tation provisions not applicable.

4708. Contracts for irrigation works;
public notice of lands irrigable,
limit of entry, charges, etc.;
eight hours to be a day*s work;
no Mongolian labor to be em-
ployed.

4704. Requirements to be performed by
entryman; sale of water rights
to landowners; payments, and
forfeiture for nonpayment; dis-
position of receipts; commis-
sions of registers and receivers.

4706. Use of reclamation fund for res-
ervoirs and irrigation works;
transfer of management of irri-
gation works to landowners; ti-
tle to and management of reser-
voirs, etc.

4706. Acquisition of rights or property

for purposes of act; condemna-
tion proceedings.

4707. Irrigation laws of States and

Territories, and rights to wa-
ters of interstate streams, not
affected by act; extent of right
to use of water acquired under
act

4708. Execution of provisions of act

and regulations therefor.

(1928)



Am.
4709.

4710.



4711*

4712.
4713.



4714.



4715.
4716.



4717.
4718.

.4719.



4720.



4721.



4722.



4728.



Provisions of Rerlamstioo Act
extended to State of Texas.

Advances to recUmation fnad
from Treasury; aggrepiti
amount; limitation to payoicBt
for work performed; reimlwrN*
ment; examination and approv-
al of projects; no portion of
appropriation to bs txpeiMM
on new projects.

Certificates of indebtednsM ti
provide funds f6r advances; 4k-
posal; aggregate amount; ex-
emption from taxation; appro-
priation for expenses.

Repayment of advances fron mb-
nual receipts of reclamatioa
fund.

Money advanced to rsclamtdoa
fund to be devoted to comple-
tion of work on projects here-
tofore begun; no other proj«cu
to be begun until recommeo4«d
by the Secretary of the Interior
and approved by direct order of
the President

Entries of lands reserved for i^
rigation not to bs made ontil
unit of acreage and water
charges and date when water
can be applied are fixed; liadi
relinquished to be sabje<ct to
homestead settlement snd «*
try.

Withdrawal from entry of town-
sites under irrigatioa projecti;
survey and subdivision.

Appraisement and sale of lou:
expenses, and dispositioa of
proceeds.

Public reservations In town-tltei.

Water rights for towns and cit-
ies; charges for water supply.

Lease of surplus water pow«r:
disposition of proceeds; looxer
term of lease in connection with
Rio Grande project.

Subdivision of lands to be irri-
gated into lesser areas this
forty acres; farm nniu: nu^
vey and entry of subdivisiooa

Other entry allowed, on relis-
quishment of former entry os
lands acquired under RecUni-
tion Act

Disposal of town-sites previoarii
set apart, within or in vidnity
of reclamation project; expest-
es, and disposition of proMcda

Settlers previously allowed to eo-



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Ch. 6b)



THE PUBLIC LANDS



860.



4724.



4725.

4726.
4727.

4728.
4729.



4730.



4781.

4732.
4733.
4734.

4735.
4736.



tablish themselyes on certain
townsites to have right to par-
cliase lots built upon; limita-
tion on size of town-sites not to
apply; withdrawal and disposal
of larger town-sites authorized;
expenses, and disposition of
proceeds.

Desert-land entries within exte-
rior limits of land withdrawal
or irrigation project; time al-
lowed to make improvements or
reclaim land; rights of entry-
man on abandonment or com-
pletion of irrigation project.

Reappraisement of unsold lots in
town sites within reclamation
projects.

banner of payment for town lots
sold.

Assignment of completed home-
stead entries within reclama-
tion projects; patents to as-
signees.

Issuance of patents to homestead
entrymen within reclamation
projects; issuance of final wa-
ter-right certificates; conditions
prerequisite to issuance.

Patents and water-right certifi-
cates to reserve to the United
States, a lien for sums due or
to become due; forfeiture upon
default in payment; right of
redemption; sale after failure
to redeem; bid of United States.

Certificate of final payment; Urn-
itation of amount of land ac-
quired or held by one person be-
fore payment in full of all
charges; excess acquired by de-
scent may be held two years;
forfeiture of excess holdings.

Appointment of agents to receive
payments due on reclamation
entries or water rights; copies
of records of entries admissible
as evidence.

Jurisdiction of district courts to
enforce provisions of this act.

Assignment of desert-land entries
within reclamation projects.

Patents to desert-land entrymen
within reclamation projects;
proof required.

Leaves of absence to homestead
entrymen on lands proposed to
be irrigated, until water is
turned on.

Homestead entries made prior to
June 25, 1910, within reclama-



eec.



4737,



4738,



4739.



4740.
4741.

4742.

4743.

4744.

4745.
4746.

4747.
4748.

4749.

4750.



tion projects not subject to con-
test for failure to maintain res-
idence or to improve before wa-
ter is available; re-establish-
ment of residence.

Withdrawal of notices of lands
irrigable under reclamation act,
limit of acreage, charges, etc.;
modification or abrogation of
water-right applications or con-
tracts.

Contracts for excess storage or
carrying capacity provided un-
der reclamation law, with irri-
gation systems under Carey
Act, for distribution of water
to individual users; restriction
of use of water; charges.

Co-operation with irrigation disr
tricts, etc., or water users, for
construction . or use of reser-
voirs, canals, etc.; title to and
management of works; limita-
tion of water to be furnished;
right to control waters of
streams in States not affected.

Proceeds of contracts to be cov-
ered into reclamation fund.

Use of earth, stone, and timber
from public lands and forest re-
serves for construction of irri-
gation works.

Disposition of proceeds of sales
of material used and other
property, and of moneys refund-
ed in connection with opera-
tions.

Expenditure from reclamation
fund for rent of oflSces for Rec-
lamation Service.

Purchase of books, etc., needed in
surveys and examinations for
irrigation works.

Assignments of pay by employes



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 98 of 150)