B. STONE LANDS LOCATABLE AS PLACERS. While it can not be said that building stone comes within the letter of this statute, yet construing this section with the act of 1892 (27 Stat. 348) brings it within the spirit of the latter act and makes land containing building stone subject to location as a placer mining claim. Randolph, In re, 23 L. D. 516, p. 518. The former decision under this act, refusing the applicant the right to locate lands chiefly valuable for building stone, is set aside, and under the construction of this statute, in connection with the act of August 4, 1892 (27 Stat. 348), the location is permitted. Randolph, In re, 23 L. D. 516, p. 518. 28 STAT. 664, FEBRUARY 15, 1895. ABANDONED RESERVATIONS-DISPOSAL-AMENDMENT. AN ACT To amend and extend the provisions of an act entitled "An act to provide for the opening of certain abandoned military reservations, etc.," approved August 23, 1894. Be it enacted, etc., That the provisions of the act approved August 23, 1894, entitled "An act to provide for the opening of certain abandoned military reservations, and for other purposes," are hereby extended to all abandoned military reservations which were placed under the control of the Secretary of the Interior under any law in force prior to the act of July 5, 1884 (23 Stat. 103). SEC. 2. That the preference right of entry given to actual settlers by the terms of the act to which this is an amendment shall, so far as the lands to which the provisions of said act are extended, take effect and continue for six months from the date of this amendatory act. 26 STAT. 227, JULY 10, 1890. MILITARY RESERVATIONS-DISPOSAL WYOMING. AN ACT To provide for the disposal of certain abandoned military reservations in Wyoming Territory. Be it enacted, etc., That all public lands now remaining undisposed of within the abandoned military reservations in the Territory of Wyoming, known as Forts Fetterman (post), Laramie, Sanders, and Steele (post) Military Reservations, and that portion of the Fort Bridger Reservation heretofore abandoned for military purposes, and which are not otherwise occupied or used for any public purpose, are hereby made subject to disposal under the homestead law only: Provided, That actual occupants thereon upon the 1st day of January, 1890, if otherwise qualified, shall have the preference right to make one entry, not exceeding one quarter section, under either of the existing land laws, which shall include their respective improvements: Provided further, That any of such lands as are occupied for townsite purposes, and any of the lands that may be shown to be valuable for coal or minerals; such lands so occupied for town-site purposes, or valuable for coal or minerals, shall be disposed of as now provided 56974°-Bull. 94, pt 2-15-22 for lands subject to entry and sale under the town-site, coal, or mineral land laws, respectively: Provided further, That this act shall not apply to any subdivision of land, which subdivision may include adjoining lands to the amount of 160 acres, on which any buildings or improvements of the United States are situated until the Secretary of the Interior shall so direct: Provided further, That the passage of this act shall not be construed to amend or repeal the act approved May 28, 1888, entitled "An act granting certain lands in the Territory of Wyoming for public purposes.' 26 STAT. 478, SEPTEMBER 25, 1890. PARK LANDS-CALIFORNIA. AN ACT To set apart a certain tract of land in the State of California as a public park. Be it enacted, etc., * * * SEC. 2. That said park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury of all timber, mineral deposits, natural curiosities or wonders within said park, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding 10 years of small parcels of ground not exceeding 5 acres, at such places in said park as shall require the erection of buildings for the accommodation of visitors; all of the proceeds of said leases and other revenues that may be derived from any source connected with said park to be expended under his direction in the management of the same and the construction of roads and paths therein. He shall provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction, for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this act to be removed therefrom, and, generally, shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects and purposes of this act. 26 STAT. 650, OCTOBER 1, 1890. FOREST RESERVATIONS. AN ACT To set apart certain tracts of land in the State of California as forest reservations. Be it enacted, etc., That the tracts of land in the State of California known and described as follows [here follows description] are hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and set apart as reserved forest lands; and all persons who shall locate or settle upon, or occupy the same or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom: Provided, however, That nothing in this act shall be construed as in any wise affecting the grant of lands made to the State of California by virtue of the act entitled "An act authorizing a grant to the State of California of the Yosemite Valley, and of the lands embracing the Mariposa Big-Tree Grove," approved June 18, 1864; or as affecting any bona fide entry of land made within the limits above described under law of the United States prior to the approval of this act. any SEC. 2. That said reservation shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury of all timber, mineral deposits, natural curiosities, or wonders within said reservation, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding 10 years of small parcels of ground not exceeding 5 acres, at such places in said reservation as shall require the erection of buildings for the accommodation of visitors; all of the proceeds of said leases and other revenues that may be derived from any source connected with said reservation to be expended under his direction in the management of the same and the construction of roads and paths therein. He shall provide against the wanton destruction of the fish, and game found within said reservation, and against their capture or destruction, for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this act to be removed therefrom, and, generally, shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects and purposes of this act. A miner on a mining claim within this reservation is restricted from cutting timber on any lands therein outside of his own claim, and he has no right to construct any road or ditch unless absolutely necessary to the development of his claim and under the authority of the Secretary of the Interior. Yosemite National Park, In re, 25 L. D. 48, p. 51. 26 STAT. 747, FEBRUARY 13, 1891. ABANDONED MILITARY RESERVATION-FORT ELLIS-DISPOSAL. AN ACT To provide for the disposal of the abandoned Fort Ellis military reservation in Montana under the homestead law, and for other purposes. Be it enacted, etc., That the Secretary of the Interior be, and is hereby, authorized and directed to cause the lands embraced within the abandoned Fort Ellis Military Reservation in Montana to be regularly surveyed by an extension of the public surveys over the unsurveyed portions thereof. SEC. 2. That there is hereby granted to the State of Montana, one section of said reservation, to be selected according to legal subdivisions so as to embrace the buildings and improvements thereon to be used by said State as a permanent militia camp ground, or for other public purpose in the discretion of the State legislature: Provided, That whenever the State shall cease to use said lands for public purposes the same shall revert to the United States. SEC. 3. That the remainder of said reservation, or any portion thereof may be selected by the State of Montana at any time within one year after the approval of the survey thereof, in tracts of not less than one section, in square form and according to legal subdivisions as a part of the lands granted to said State under the provision of "An act to provide for the admission of the State of Montana into the Union," approved February 22, 1889. And the Secretary of the Interior shall cause patents for the lands so selected to be issued to the said State: Provided, That no existing lawful rights to any of said lands initiated under any of the laws of the United States shall be invalidated by this act: Provided, That if any portion of said reservation shall remain unselected by said State for a period of one year after the approval of the survey, that portion remaining unselected shall be subject to entry under the general land and mining laws of the United States: Provided further, That if within said period of one year the governor of the said State shall officially notify the Secretary of the Interior that the State has completed its selections, then the Secretary shall at once proclaim the remaining lands open to entry as aforesaid: And provided further, That nothing in this act shall be construed to waive or release in any way, any right of the United States to have the lands granted to the Northern Pacific Railroad Co. forfeited, for any failure, past or future, to comply with the conditions of the grant. 26 STAT. 1095, p. 1103, MARCH 3, 1891. FOREST RESERVATIONS-PRESIDENT'S POWER TO SET ASIDE PUBLIC LANDS. AN ACT To repeal timber-culture laws, and for other purposes. Be it enacted, etc., * * * SEC. 24. That the President of the United States may, from time to time, set apart and reserve, in any State or Territory having public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations, and the President shall, by public proclamation, declare the establishment of such reservations and the limits thereof. 30 STAT. 11, pp. 35, 36, 2 SUPP. R. S. 621, p. 624, JUNE 4, 1897. FOREST RESERVATIONS-PROVISIONS GOVERNING ESTABLISHMENT. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1898, and for other purposes. Be it enacted, etc. * * * All public lands heretofore designated and reserved by the President of the United States under the provisions of the act approved March 3, 1891 (26 Stat. 1095, p. 1103, sec. 24), the orders for which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said act, shall be, as far as practicable, controlled and administered in accordance with the following provisions: No public forest reservation shall be established, except to improve and protect the forest within the reservation, or for the purpose of securing favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States; but it is not the purpose and intent of these provisions, or of the act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes. Nothing herein shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of such reservations, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof: Provided, That such persons comply with the rules and regulations covering such forest reservations. All waters on such reservations may be used for domestic, mining, milling, or irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder. (See section 2339 R. S.) Upon the recommendation of the Secretary of the Interior, with the approval of the President, after 60 days' notice thereof, published in two papers of general circulation in the State or Territory wherein any forest reservation is situated, and near the said reservation, any public lands embraced within the limits of any forest reservation which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And any mineral lands in any forest reservation which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry, notwithstanding any provisions herein contained. NOTE.-The section making compensation for classification of railroad lands follows 28 Stat. 683, with 13 Stat. 365, Railroad grants, pp. 1112, 1148. |