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See the Kinkaid Act under “Homestead”.
254 254 255
An Act To amend section twenty-four hundred and fifty-five of the
Revised Statutes of the United States, relating to isolated tracts of public land.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-four hundred and fifty-five of the Revised Statutes of the United States be amended to
read as follows: Isolated tracts. “ SEC. 2455. It shall be lawful for the Commissioner Sales at auction of the General Land Office to order into market and sell authorized.
at public auction, at the land office of the district in which the land is situated, for not less than one dollar and twenty-five cents an acre, any isolated or disconnected tract or parcel of the public domain not exceeding one-quarter section which, in his judgment, it would be proper to expose for sale after at least thirty days
notice by the land officers of the district in which such Mountainous or land may be situated : Provided, That any legal subrough lande to ad- divisions of the public land, not exceeding one-quarter
section, the greater part of which is mountainous or too rough for cultivation, may, in the discretion of said commissioner, be ordered into the market and sold pursuant to this Act upon the application of any person who owns lands or holds a valid entry of lands adjoining such tract, regardless of the fact that such'tract may not be
isolated or disconnected within the meaning of this Act : Vested rights. Provided further, That this Act shall not defeat any
vested right which has already attached under any pending entry or location.”
Approved, March 28, 1912 (37 Stat. 77).
An Act To supplement the Act of June twenty-second, nineteen hun
dred and ten, entitled "An Act to provide for agricultural entries on coal lands."
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemDisposal of sur: Bled, That from and after the passage of this Act unface of coal lands to States. reserved public lands of the United States, exclusive of
Alaska, which have been withdrawn or classified as coal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 disposition, in the discretion of the Secretary of the Interior, under the laws May be sold providing for the sale of isolated or disconnected tracts tract laws. of public lands, but there shall be a reservation to the United States of the coal in all such lands so selected or
coal. 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 limitations of said Act.
Approved, April 30, 1912 (37 Stat. 105).
An Act For the sale of isolated tracts of the public domain in
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemBled, That the provisions of section twenty-four hundred Chippewa ceded and fifty-five of the Revised Statutes of the United States as amended by the Act of March twenty-eighth, nineteen hundred and twelve (Thirty-seventh Statutes at Large, page seventy-seven), relating to the sale of isolated tracts of the public domain, be, and the same Isolated tracts are hereby, extended and made applicable to ceded in, may be sold. Chippewa Indian lands in the State of Minnesota: Provided, That the provisions of this Act shal not apply to lands which are not subject to homestead entry: Provided further, That purchasers of land under this Act must pay for the lands not less than the price fixed in the law opening the lands to homestead entry.
Approved, February 4, 1919 (40 Stat. 1055).
See “Railroad Grants and Selections" and "State Grants and Selections."
of lands within forest reserves..
lands Act of March 3, 1905—Repeals Act of June 4, 1897, with certain excep
tions. Act of September 22, 1922-Selections in lieu of lands relinquished within
national forests_. INDIAN LANDS.-Act of April 21, 1904–Selections in lieu of private
lands over which an Indian reservation has been extended by Executive
order MISCELLANEOUS SELECTIONS.-Act of January 27, 1922-Selection
in lieu of entries erroneously canceled.Act of August 24, 1922-Adjustment of conflicts in Mohave County, Ariz.
FOREST LIEU SELECTIONS.
Extract from the sundry civil appropriation Act, approved June 4,
1897 (30 Stat. 36). Selection of That in cases in which a tract covered by an unper
ea fected bona fide claim or by a patent is included within claime in forest the limits of a public forest reservation, the settler or
owner thereof may, if he desires to do so, relinquish the tract to the Government, and may select in lieu thereof a tract of vacant land open to settlement not exceeding in area the tract covered by his claim or patent; and no charge shall be made in such cases for making the entry of record or issuing the patent to cover the tract selected: Provided further, That in cases of unperfected claims the requirements of the law respecting settlement, residence, improvements, and so forth, are complied with on the new claims, credit being allowed for the time spent on the relinquished claims.
Extract from the sundry civil appropriation Act, approved June 6,
1900 (31 Stat. 614).
That all selections of land made in lieu of a tract covcovered by "un ered by an unperfected bona fide claim, or by a patent, perfected claim. included within a public forest reservation, as provided in
the Act of June fourth, eighteen hundred and ninetyConfined to seven
shall be confined to vacant surveyed and nonmineral lands, nonmineral public lands which are subject to homestead
entry not exceeding in area the tract covered by such
· Limited to surveyed land by the act of June 6, 1900, and repealed by the act of Mar. 3, 1905.
claim or patent: Provided, That nothing herein contained shall be construed to affect the rights of those who, previous to October first, nineteen hundred, shall have delivered to the United States deeds for lands within forest reservations and make application for specific tracts of lands in lieu thereof.
An Act Prohibiting the selection of timber lands in lieu of lands in
fected claims re
-Be it enacted by the Senate and House of Representaatives of the United States of America in Congress as
select lands sembled, That the Acts of June fourth, eighteen hun- lieu of unperdred and ninety-seven, June sixth, nineteen hundred, and
pealed. March third, nineteen hundred and one, are hereby repealed so far as they provide for the relinquishment, selection, and patenting of lands in lieu of tracts covered by an unperfected bona fide claim or patent within a forest reserve, but the validity of contracts entered into by the Secretary of the Interior prior to the passage of this Act shall not be impaired: Provided, That selections heretofore made in lieu of lands relinquished to the United States may be perfected and patents issue therefor the same as though this Act had not been passed, and if for any reason not the fault of the party making the same any pending selection is held invalid another selection for a like quantity of land may be made in lieu thereof."
Approved, March 3, 1905 (33 Stat. 1264).
An Act For the relief of certain persons, their heirs or assigns, who
heretofore relinquished lands inside national forests to the United States.
authorized, for other
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where any person or persons in good faith quishing land for relinquished to the United States lands in a national for- and not receive est as a basis for a lieu selection under the Act of June 4, ing.lieu 1897 (Thirtieth Statutes at Large, pages 11, 36), and Vol. 34, P: 86 failed to get their lieu selections of record prior to the Exchange of passage of the Act of March 3, 1905 (Thirty-third Stat-portion utes at Large, page 1264), or whose lieu selections, though forest lands or duly filed, are finally rejected, the Secretary of the In- value in timber. terior, with the approval of the Secretary of Agriculture, upon application of such person or persons, their heirs or assigns, is authorized to accept title to such of the base lands as are desirable for national-forest purposes, which lands shall thereupon become parts of the nearest national forest, and, in exchange therefor, may issue patent for not to exceed an equal value of national-forest land, unoccupied, surveyed, and nonmineral in character, or the Secretary of Agriculture may authorize the grantor
to cut and remove an equal value of timber within the Il exchange not national forests of the same State. Where an exchange to revert to par- can not be agreed upon the Commissioner of the General relinquish
Land Office is hereby authorized to relinquish and quitclaim to such person or persons, their heirs or assigns, all title to such lands which the respective relinquishments of such person or persons may have vested in the
United States: Provided, That such person or persons, linquishment to their heirs or assigns, shall, within five years after the be made in fve date of this Act, make satisfactory proof of the relin
quishment of such lands to the United States by submitting to the Commissioner of the General Land Office an abstract of title to such lands showing relinquishment of the same to the United States, which abstract or abstracts
shall be retained in the files of the General Land Office. If relinquished SEC. 2. That if it shall appear that any of the lands relands appropri.
other linquished to the United States for the purpose stated in publicouse, e title the preceding section have been disposed of or appropriwithout consent ated to a public use, other than the general purposes for ing jurisdiction. which the forest reserve within the bounds of which they
are situate was created, such lands shall not be relinquished and quitclaimed as provided therein, unless the
head of the department having jurisdiction over the
public lands shall consent to such relinquishment; and if he lands in lieu may be selected
it shall fail to so consent, or if any of the lands so relingiven.
quished have been otherwise disposed of by the United States, other surveyed, nonmineral, unoccupied, unreserved public lands of approximately equal area and value may be selected and patented in lieu of the lands so appropriated or disposed of in the manner and subject to the terms and conditions prescribed by said Act
of June 4, 1897, and the regulations issued thereunder: Proviso.
Provided, That applications to make such lieu selections be made in three must be filed in the General Land Office within three. year.
years after the date of this Act.
Approved, September 22, 1922 (42 Stat. 1017).
SELECTIONS IN LIEU OF LANDS OVER WHICH AN
Extract from the Indian appropriation Act, approved April 21 1904
(33 Stat. 189–2:1). Exchange of private lands.
That any private land over which an Indian reservation has been extended by Executive order, may be exchanged at the discretion of the Secretary of the Interior and at the expense of the owner thereof and under such rules and regulations as may be prescribed by the Secretary of the Interior, for vacant, nonmineral, nontimbered, surveyed public lands of equal area and value and situate in the same State or Territory.