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PUBLIC LAND STATUTES.
ABANDONED MILITARY RESERVATIONS.
13 3 3 4 11 5 14
Act of July 5, 1884—Sale-Settlers—Buildings-Minerals.
ject to homestead entry--
ject to desert-land entries.-Act of September 7, 1916-Fort Assinniboine-Reservations-Payments Act of March 3, 1919–Sale of Gig Harbor abandoned military reserva
doned military reservation --
An Act To provide for the disposal of abandoned and useless military
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 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
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 as public lots to be sold at public sale, to the highest bidder for Conditiors of
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
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 sale.
of such lands, subdivisions, and lots, and shall cause the
same, together with the tract or lot upon which they are Conditions of 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
Lands first to be
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: Provided, That where buildings or improvements have been offered to owners
of buildings and 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
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.
SEC. 5. Whenever any lands containing valuable min Lands contain: eral deposits shall be vacated by the reduction or aban- posits subject to donment of any military reservation under the provi- of the sions of this Act, the same shall be disposed of exclusively under the mineral land laws of the United States.
Sec. 6. The Secretary of War shall have authority, in War may grant his discretion, to permit the extension of State, county, jeges; erection of and Territorial roads across military reservations; to per-bridges, extension
of roads, etc. 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). Provided, That the President is hereby authorized by nicipals corpora: 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 Ilouse of Representatives of the United States of America in Congress assem
Lands opened bled, That all lands not already disposed of included to entry.
vision of the general homestead law shall be applicable
to commutation, but in instances where commutation is
them when due, all right in and to the lands covered by
those making entry of such lands must agree to a res- in das
as provided by section three of the Act of June twenty-cls second, nineteen hundred and ten (Thirty-sixth Statutes, to page five hundred and eighty-three), but no purchase of a rozban the coal deposits shall confer any right to the surface of the form
the lands excepting such as is necessary to the mining en literal laide and removal of the coal deposits: Prorided further. That Veta
lands classified as mineral shall be disposed of under the
mining laws. Fees.
Sec. 4. That entrymen upon said lands shall, in addit tion to the regular land office fees, pay the sum of Sim per acre for said land, such payments to be made as fol lows: Twenty-five cents per acre at the time of making entry and 23 cents per acre each and every year there
after until the full sum of $1.25 per acre shall have been Subaruit te ad- paid : Prorided, That for a period of six months subse
quent 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 aere for said land, such payments to be made as follows: Fifty cents per acre at the time of making entry and 30
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
dit whai ter
the homestead law at the price fixed there for by the
chase money must be paid on or before the offer of final Comitustatur. proof: Provided, horrerer. That the commutation pro
the provisions of this Act, save and excepting entries
made bereunder in accordance with the provisions of the Enlarger borze enlarged homestead Act, approved February nineteenth
nineteen hundred and nine which shall not be subject
Sec. 5. That this Act shall not apply to an area of bundingi holi two thousand acres embracing the Government buildings
at Fort Assinnibojne.
Sk«. 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