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prior to January first, eighteen hundred and ninety-nine: Provided, That nothing herein contained shall be so Adverse claim. construed as to interfere with any adverse claim that may have attached to the lands or any part thereof. Approved, February 18, 1897 (29 Stat. 539).

An Act For the relief of settlers on lands granted in aid of the construction of wagon roads.

tlers on

wagon

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provision of the Act of June twenty- Relief of setsecond, eighteen hundred and seventy-four, entitled "An road grants. Act for the relief of settlers on railroad lands," and all Acts amendatory thereof or supplementary thereto, including the Act approved March third, eighteen hundred and eighty-seven, entitled "An Act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes," as modified or supplemented by the Act approved March second, eighteen hundred and ninety-six, entitled "An Act to provide for the extension of the time within which suits may be brought to vacate and annul land patents, and for other purposes," shall apply to grants of land in aid of the construction of wagon roads. Approved, July 1, 1902 (32 Stat. 733).

SETTLERS ON ATLANTIC AND PACIFIC AND SOUTHERN
PACIFIC RAILROAD LANDS.

An Act For the relief of small-holding settlers within the limits of the grant of land to the Atlantic and Pacific Railroad Company in the Territory of New Mexico.

Atlantic & Pa

certain lands in

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Atlantic and Pacific Railroad Company, cific Railroad Co. its successors in interest and its or their assigns, may, may relinquish when requested by the Secretary of the Interior so to do, New Mexico. relinquish or deed, as may be proper, to the United States any section or sections of its or their lands in the Territory of New Mexico the title to which was derived by said railroad company through the Act of Congress of July twenty-seventh, eighteen hundred and sixty-six, in aid of the construction of said railroad, any portion of which section is and has been occupied by any settler Lands occupied or settlers as a home or homestead by themselves or their predecessors in interest for a period of not less than twenty-five years next before the passage of this Act, and shall then be entitled to select in lieu thereof, and Vacant public to have patented other sections of vacant public land of equal quality in said Territory, as may be agreed upon with the Secretary of the Interior.

36039-23- -26

by settlers.

lands in lieu of.

Survey of holdings.

SEC. 2. That the Secretary of the Interior shall, as soon as may be after the passage of this Act, cause inquiry to be made of all lands so held by settlers, and shall cause the holdings of such settlers to be surveyed, and on receiving such relinquishments or deeds shall at Patent to set- once, without cost to the settlers, cause patents to issue to each such settler for his or her such holdings: Provided, That not to exceed one hundred and sixty acres shall be patented to any one person, and such recipient must possess the qualifications necessary to entitle him or her to enter such land under the homestead laws.

tlers.

age.

Maximum acre

Remaining lands subject to entry.

Relinquishment

railroad grants

Mexico, and California.

SEC. 3. That any fractions of any such sections of land remaining after the issuance of patents to the settlers as aforesaid shall be subject to entry by citizens the same as other public lands of the United States.

Approved, April 28, 1904 (33 Stat. 556).

An Act For the relief of Indians occupying railroad lands in Arizona,
New Mexico, or California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemto Indian occu- bled, That the Secretary of the Interior be, and he is pants of lands in hereby, authorized in his discretion to request of the in Arizona, New present claimant under any railroad land grant a relinquishment or reconveyance of any lands situated within the States of Arizona, New Mexico, or California passing under the grant which are shown to have been occupied for five years or more by an Indian entitled to receive the tract in allotment under existing law but for the grant to the railroad company, and upon the execution and filing of such relinquishment or reconveyance the lands shall thereupon become available for allotment, and the company relínquishing or reconveying shall be entitled to select within a period of three years after the approval of this Act and have patented to it other vacant nonmineral, nontimbered, surveyed public lands of equal area and value situated in the same State, as may be agreed upon by the Secretary of the Interior, provided that the total area of land that may be exchanged under the provisions of this Act shall not exceed three thousand acres in Arizona, sixteen thousand acres in New Mexico, and five thousand acres in California. Approved, March 4, 1913 (37 Stat. 1007).

Total area.

Time extended

An Act To amend an Act entitled "An Act for the relief of Indians occupying railroad lands in Arizona, New Mexico, or California," approved March fourth, nineteen hundred and thirteen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem for relinquishing bled, That all of the provisions of an Act entitled "An lands to Indians Act for the relief of Indians occupying railroad lands in Mexico, and Cali- Arizona, New Mexico, or California," approved March fourth, nineteen hundred and thirteen, be, and the same

in Arizona, New

fornia.

are hereby, extended for a period of two years from and after the fourth day of March, nineteen hundred and sixteen: Provided, That there may be exchanged under the provisions of the Act named herein a total area not exceeding ten thousand acres in Arizona and twenty-five thousand acres in New Mexico.

Approved, April 11, 1916 (39 Stat. 48).

Total areas.

1922.

[H. R. 10193.] [Public, No. 329.]

An Act Extending time for allotments on the Crow Reservation; September 21, protecting certain members of the Five Civilized Tribes; relief of Indians occupying certain lands in Arizona, New Mexico, and California; issuing patents in certain cases; establishing a revolving fund on the Rosebud Reservation; memorial to Indians of the Rosebud Reservation killed in the World War; conferring authority on the Secretary of the Interior as to alienation in certain Indian allotments, and for other purposes.

lands.

Arizona, etc., ex

Proviso.

SEC. 2. That all of the provisions of an Act entitled Railroad grants "An Act for the relief of Indians occupying railroad Relinquishment lands in Arizona, New Mexico, or California," approved to Indians in March 4, 1913, and amended by the Act of April 11, tended. Vol. 37, p. 1916, and the Act of June 30, 1919, be, and the same are 1007; Vol. 39, p. hereby, extended to March 4, 1923: Provided, That the 49; Vol. 41, p. 9. provisions of this Act shall apply only in cases where it Occupation in is shown that the lands were actually occupied in good gured faith refaith by Indians prior to March 4, 1913, and the applicants are otherwise entitled to receive such tracts in allotment under existing law, but for the grant to the railroad company.

Approved, September 21, 1922 (42 Stat. 994).

SETTLERS ON NORTHERN PACIFIC RAILROAD LANDS.

An Act For the relief of settlers on Northern Pacific Railroad indemnity lands.

good

Northern Pa

demnity lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That those persons who, after the fifteenth day of August, in the year of our Lord eighteen hundred and eighty-seven, and before the first day of Janu- cific Railroad inary, in the year eighteen hundred and eighty-nine, settled upon, improved, and made final proof on lands in the so-called second indemnity belt of the Northern Pacific Railroad Company's grant under the homestead. and preemption laws of the United States, or their heirs, may transfer their said entries from said tracts transfer entries to to such other vacant surveyed Government land in com- other pact form and in legal subdivisions, subject to entry under the homestead and preemption laws, as they may select, and receive final certificates and receipts therefor, in lieu of the tracts proved up on in said belt by Transfer to be the respective claimants: Provided, That such transfer made by claimof entry shall be made and completed within twelve ant, etc., only

Settlers on may

lands.

vacant

within a year.

Actual settlers failing to make

months from the date of the passage of this Act, and be so made in person by the claimant, or, in case of death, by his legal representative, and without the intervention of agent or attorney.

SEC. 2. That all persons possessing the requisite qualiproof may trans- fications under the preemption or homestead laws, who fer entries to un- in good faith settled upon and improved land in said occupied land. second indemnity belt, having made filing or entry of

dence.

the same, and for any reason, other than voluntary abandonment, failed to make proof thereon, may, in lieu thereof, within one year after the passage of this Act, transfer their claims to any vacant surveyed Government land subject to entry under the homestead or preemption laws, and make proof therefor as in other cases Credit for resi- provided; and in making such proof credit shall be given for the period of their bona fide residence and amount of their improvements upon their respective claims in the said indemnity belt, the same as if made upon the tract to which the transfer is made: Provided, Residence, etc., That no final entry shall be permitted, except upon proof of continuous residence upon the land, the subject of such new entry, for a period of not less than three months prior thereto. Payment for said final selection shall be made as under existing laws. The provisions of this Act shall be carried into effect under such rules and regulations as may be prescribed by the Secretary of the Interior.

on new selection.

Regulations.

Northern Pacific

Approved, October 1, 1890 (26 Stat. 647).

An Act For the relief of settlers on the Northern Pacific Railroad indemnity lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemSettlers on bled, That those persons, their heirs, or legal representasecond indemity tives, who, between the fifteenth day of August, anno grant, Minnesota, Domini eighteen hundred and eighty-seven, and the first lands for canceled day of January, anno Domini eighteen hundred and

allowed other

entries.

eighty-nine, settled upon and made final proof and entry, under the homestead or preemption laws, of lands within the so-called second indemnity belt of the Northern Pacific Railway Company's grant in the State of Minnesota, which entries were afterwards, without their fault, canceled, upon establishing the facts before the register and receiver of the local land office, in such mode and under such rules as may be prescribed by the Secretary of the Interior, shall be allowed to make final homestead entry, and receive a patent therefor, of a quantity of land of any of the unappropriated public lands of the United States subject to homestead entry, equal in acreage to the land proved up and entered in the said second indemnity belt, as aforesaid, without being required to Allowance for make any settlement or improvement upon or cultivation of such land so entered prior to such entry; and

entries not com

pleted.

those persons, their heirs or legal representatives, who, within the period aforesaid for the space of six months settled upon, improved, and cultivated any of said indemnity lands with a view of entering the same under the homestead or preemption laws, being competent to make such entries, and who were not permitted to make such entries, upon establishing these facts before the register and receiver of the local land office, in such mode and under such rules as the Secretary of the Interior may prescribe, shall be allowed to enter under the homestead laws of the United States a quantity of land of the unappropriated public lands of the United States, subject to homestead entry, equal in amount to the land settled upon, improved, and cultivated, as aforesaid, and under the homestead entry so made, shall, when making proof and final entry, receive credit for the settlement, improvement, and cultivation made upon the said indemnity land as aforesaid: Provided, That the law in force in eighteen Commutations hundred and eighty-nine governing the commutation of homestead entries shall apply to the commutation of entries under this section.

permitted.

Entries on

SEC. 2. That those who are entitled to make the homestead entries prescribed in the preceding section Chippewa lands. may make such entries of any of the agricultural lands embraced in the provisions of an Act entitled "An Act for the relief and civilization of the Chippewa Indians in the State of Minnesota," approved January fourteenth, eighteen hundred and eighty-nine, upon condition of paying for such lands the price prescribed in said Act. SEC. 3. That the right of homestead entry conferredRights not asby the provisions of this Act shall not be assignable, and no conveyance, sale, or transfer of the land so entered shall be valid or of any effect if made before patent has issued.

Approved, June 3, 1896 (29 Stat. 245).

Extract from the sundry civil appropriation Act, approved July 1,

1898 (30 Stat. 597-620).

signable.

grant of.

Pa

That where, prior to January first, eighteen hundred cife Railroad, setand ninety-eight, the whole or any part of an odd-num- tlement on land bered section, in either the granted or the indemnity limits of the land grant to the Northern Pacific Railroad Company, to which the right of the grantee or its lawful successor is claimed to have attached by definite location. or selection, has been purchased directly from the United States or settled upon or claimed in good faith by any qualified settler under color of title or claim of right under any law of the United States or any ruling of the Interior Department, and where purchaser, settler, or claimant refuses to transfer his entry as hereinafter provided, tler to transfer the railroad grantee or its successor in interest, upon a proper relinquishment thereof, shall be entitled to select in

Refusal of set

his entry.

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