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PUBLIC LAND STATUTES.

ABANDONED MILITARY RESERVATIONS.

Page.

Act of July 5, 1884-Sale-Settlers-Buildings-Minerals---.

Act of October 1, 1890-Abandoned military reservations in Nevada subject to homestead entry

Act of March 3, 1893-Grants to municipalities_.

Act of August 23, 1894-Homestead entry-Settlers-Appraised price‒‒‒‒
Act of February 15, 1895-Act of August 23, 1894, extended__
Act of January 27, 1913-Fort Niobrara subject to homestead entry_-_
Act of February 11, 1915-Fort Assinniboine subject to homestead entry-
Act of July 3, 1916-Sale of certain military reservations in Washington_
Act of August 11, 1916-Extension of time for payments on Fort Nio-
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Act of August 21, 1916-Abandoned military reservations in Nevada subject to desert-land entries_.

Act of September 7, 1916-Fort Assinniboine Reservations Payments__ Act of March 3, 1919-Sale of Gig Harbor abandoned military reservation_-_

Act of April 15, 1920-Sale of undisposed of tracts in Fort Randall aban-
doned military reservation_____

January 6, 1921-Extension of time for payments on Fort Assinniboine__
July 15, 1921-Sale of Vashon Island abandoned military reservation____
August 11, 1921-Sale of isolated tracts in Fort Buford abandoned mili-
tary reservation

An Act To provide for the disposal of abandoned and useless military reservations.

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abandoned and

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, in the opinion of the President Sale, etc., of of the United States, the lands, or any portion of them, useless military included within the limits of any military reservation reservations. heretofore or hereafter declared, have become or shall become useless for military purposes, he shall cause the same or so much thereof as he may designate, to be placed under the control of the Secretary of the Interior for disposition as hereinafter provided, and shall cause to be filed with the Secretary of the Interior a notice. thereof.

SEC. 2. That the Secretary of the Interior may, if in Survey and subhis opinion the public interests so require, cause the said division of lands. lands, or any part thereof, in such reservations, to be regularly surveyed, or to be subdivided into tracts of less than forty acres each, and into town lots, or either, or both. He shall cause the said lands so surveyed and subdivided, and each tract thereof, to be appraised by Appraisal. three competent and disinterested men to be appointed by him, and who shall, after having each been first duly

sale.

sale.

Conditions of

sworn to impartially and faithfully execute the trust reposed in them, appraise the said lands, subdivisions, and tracts, and each of them, and report their proceedings to the Secretary of the Interior for his action thereon. If such appraisement be disapproved, the Secretary of the Interior shall again cause the said lands to be appraised as before provided; and when the appraisement has been approved he shall cause the said lands, subdivisions, and Lands a public lots to be sold at public sale, to the highest bidder for cash, at not less than the appraised value thereof, nor less than one dollar and twenty-five cents per acre, first having given not less than sixty days' public notice of the time, place, and terms of sale, immediately prior to such sale, by publication in at least two newspapers having a general circulation in the country or section of county where the lands to be sold are situate; and any lands, subdivisions, or lots remaining unsold may be reoffered for sale at any subsequent time in the same manner, at the discretion of the Secretary of the Interior; and if not sold at such second offering for want of bidders, then the Private sale. Secretary of the Interior may sell the same at private sale, for cash, at not less than the appraised value, nor less than one dollar and twenty-five cents per acre: ProRights of actual vided, That any settler who was in actual occupation of any portion of any such reservations prior to the location of such reservation, or settled thereon prior to January first, eighteen hundred and eighty-four, in good faith for the purpose of securing a home and of entering the same under the general laws and has continued in such occupation to the present time, and is by law entitled to make a homestead entry shall be entitled to enter the land so occupied, not exceeding one hundred and sixty acres in a body, according to the Government surveys and subdivisions: Provided further, That said lands were subject to entry under the public land laws at the time of their withdrawal * * *

settlers.

of buildings,

sale.

Conditions

sale.

of

SEC. 3. That the Secretary of the Interior shall cause any improvements, buildings, building materials, and other property which may be situate upon any such lands, subdivisions or lots not heretofore sold by the Appraisement United States authorities, to be appraised in the same etc., and public manner as hereinbefore provided for the appraisements of such lands, subdivisions, and lots, and shall cause the same, together with the tract or lot upon which they are situate, to be sold at public sale, to the highest bidder for cash, at not less than the appraised value of such land and improvements, first giving the sixty days' notice as hereinbefore provided; or he may, in his discretion, cause the improvements to be sold separately, at public sale for cash, at not less than the appraised value, to be removed by the purchaser within such time as may be prescribed, first giving the sixty days' public notice before provided; and if in any case the lands and improvements, or the improvements separately, as the case may be, are not

of buildings and

sold for want of bidders, then the Secretary of the Interior may, in his discretion, cause the same to be reoffered for sale, at any subsequent time, in the same manner as above provided, or may cause the same to be sold at private sale for not less than the appraised value: Pro- Lands first to be vided, That where buildings or improvements have been offered to owners heretofore sold by the United States authorities the land improvements. upon which such buildings or improvements are situate not exceeding the smallest subdivision or lot provided for by this Act upon the reservation on which said buildings are situate shall be offered for sale to the purchaser of said improvements and buildings at the appraised value of the lands and if said purchaser shall fail for sixty days after notice to complete said purchase of lands the same shall be sold under the provisions of this Act

Military reser

SEC. 4. That the provisions of the Act of August vations in Floreighteenth, eighteen hundred and fifty-six, relative to ida. military reservations in the State of Florida, and the sixth section of the Act of June twelfth, eighteen hundred and fifty-eight, relative to the sale of military sites be, and the same are hereby, repealed.

ing mineral de

mineral land laws

SEC. 5. Whenever any lands containing valuable min-, Lands containeral deposits shall be vacated by the reduction or aban- posits subject to donment of any military reservation under the provi- of the United sions of this Act, the same shall be disposed of exclusively States. under the mineral land laws of the United States.

Secretary of

certain privi

of roads, etc.

SEC. 6. The Secretary of War shall have authority, in war may grant his discretion, to permit the extension of State, county, leges; erection of and Territorial roads across military reservations; to per- bridges, extension mit the landing of ferries, the erection of bridges thereon; and permit cattle, sheep or other stock animals to be driven across such reservation, whenever in his judgment the same can be done without injury to the reservation or inconvenience to the military forces stationed thereon.

Approved, July 5, 1884 (23 Stat. 103).

Extract from the sundry civil appropriation Act, approved March 3, 1893 (27 Stat. 572-593).

mu

Provided, That the President is hereby authorized by icipants to m proclamation to withhold from sale and grant for public tions. use to the municipal corporation in which the same is situated all or any portion of any abandoned military reservation not exceeding twenty acres in one place.

An Act To provide for the opening of certain abandoned military reservations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands not already disposed of included to entry.

Lands opened

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those making entry of such lands must agree to a ervation to the United States of the coal deposits ther and of the right in the United States, or those claime through the United States, to prospect for, mine and re move the same, and such coal deposits shall be disp of as provided by section three of the Act of June twentysecond, nineteen hundred and ten (Thirty-sixth Statute, page five hundred and eighty-three), but no purchase the coal deposits shall confer any right to the surfa ef the lands excepting such as is necessary to the mi Mizerai lands, and removal of the coal deposits: Provided further. T lands classified as mineral shall be disposed of under the mining laws.

Fees.

ditional fee

nonpayment.

SEC. 4. That entrymen upon said lands shall, in all tion to the regular land office fees, pay the sum of $1 per acre for said land, such payments to be made as fo lows: Twenty-five cents per acre at the time of making entry and 25 cents per acre each and every year there after until the full sum of $1.25 per acre shall have beer. Subsequent ad paid: Provided, That for a period of six months subquent to the date on which the lands are opened to settlement entrymen upon said lands shall, in addition to the regular land office fees, pay the sum of $2.50 per acr for said land, such payments to be made as follows: Fifty cents per acre at the time of making entry and cents per acre each and every year thereafter until the Forfeiture for full sum of $2.50 per acre shall have been paid. In case any entryman fails to make annual payments, or any of them when due, all right in and to the lands covered by his entry shall cease; and any payments theretofore made shall be forfeited and the entry canceled, and the land shall be again subject to entry under the provisions of the homestead law at the price fixed therefor by the former entry; but in all cases the full amount of pur chase money must be paid on or before the offer of final Commutatior. proof: Provided, however, That the commutation provision of the general homestead law shall be applicable to all persons making homestead entry on said land under the provisions of this Act, save and excepting entries enlarged homestead Act, approved February nineteenth, nineteen hundred and nine, which shall not be subject to commutation, but in instances where commutation is permissible hereunder, the entryman shall pay, in addition to the price fixed for entry, the sum of $1.25 per acre, as consideration for the privilege.

Fr'arged homesteads,

Government

SEC. 5. That this Act shall not apply to an area of buildings not it two thousand acres embracing the Government buildings at Fort Assinniboine.

cluded.

SEC. 6. That the Thirteenth Legislative Assembly of the State of Montana having enacted a law for the purpose of establishing an agricultural, manual training, or other educational or public institution upon the present

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