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any time after the public lands in any such new State have been surveyed according to law.



SEC. 2449. Where lands have been or may hereafter Fee-simple to be granted by any law of Congress to any one of the of land to States several States and Territories, and where such law does and Territories, not convey the fee-simple title of the lands, or require 10 S. 346; Mar. patents to be issued therefor, the list of such lands which in.. have been or may hereafter be certified by the Commissioner of the General Land Office, under the seal of his office, either as originals or copies of the originals or records shall be regarded as conveying the fee-simple of all the lands embraced in such lists that are of the character contemplated by such Act of Congress, and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such Acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby.

3, 1875, 18 S.



Extract from the Indian appropriation Act, approved March 2, 1895

(28 Stat. 876–899).

That any State or Territory entitled to indemnity Selection of school lands or entitled to select lands for educational reservation's purposes under existing law may select such lands within opened. the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof, purchased by the United States after allotments have been made to the Indians of such reservation, and prior to the opening of such reservation to settlement.


An Act To enable the people of New Mexico to form a constitution

and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States.

SEC. 24. That in addition to sections sixteen and thirty- Additional six, heretofore 1 reserved for the Territory of Arizona, mon schools. sections two and thirty-two in every township in said proposed State not otherwise appropriated at the date of the passage of this Act are hereby granted to the said State for the support of common schools; and where Selections in sections two, sixteen, thirty-two, and thirty-six, or any etc., lands. parts thereof, are mineral, or have been sold, reserved, or

lieu of mineral,

: Spe sec, 1946, R. S., above.


tional forests.

otherwise appropriated or reserved by or under the authority of any Act of Congress, or are wanting or fractional in quantity, or where settlement thereon with a view to preemption or homestead, or improvement thereof with a view to desert-land entry has been made heretofore or hereafter, and before the survey thereof in the field, the provisions of sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes, and acts amendatory thereof or supplementary thereto, are hereby made applicable thereto and to the selection of lands in lieu thereof to the same extent as if sections two and thirty-two, as well as

sections sixteen and thirty-six, were mentioned therein: Restrictions on Provided, however, That the area of such indemnity seindemnity selec

lections on account of any fractional township shall not in any event exceed an area which, when added to the area of the above-named sections returned by the survey as in place, will equal four sections for fractional townships containing seventeen thousand two hundred and eighty acres or more, three sections for such townships containing eleven thousand five hundred and twenty acres or more, two sections for such townships containing five thousand seven hundred and sixty acres or more, nor

one section for such townships containing six hundred Lands in

na and forty acres or more: And provided further, That the

grants of sections two, sixteen, thirty-two, and thirty-six to said State, within national forests now existing or proclaimed, shall not vest the title to said sections in said State until the part of said national forests embracing any of said sections is restored to the public domain; but said granted sections shall be administered as a part of said forests, and at the close of each fiscal year there shall be paid by the Secretary of the Treasury to the State, as income for its common-school fund, such proportion of the gross proceeds of all the national forests within said State as the area of lands hereby granted to said State for school purposes which are situated within said forest reserves, whether surveyed or unsurveyed, and for which no indemnity has been selected, may bear to the total area of said sections when unsurveyed to be determined by the Secretary of the Interior, by protraction or otherwise, the amount necessary for such payments being appropriated and made available annually from any money in the Treasury not otherwise

appropriated. Lands in lieu SEC. 25. That in lieu of the grant of land for purposes of grants. Internal im- of internal improvements made to new States by the "Swamp lands. eighth section of the Act of September fourth, eighteen Arti cultural hundred and forty-one, and in lieu of the swamp-land colleges.

grant made by the Act of September twenty-eighth, eighteen hundred and fifty, and section twenty-four hun. dred and seventy-nine of the Revised Statutes, and in lieu of the grant of thirty thousand acres for each Sena

Normal schools.

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tor and Representative in Congress, made by the Act of July second, eighteen hundred and three, which grants are hereby declared not to extend to the said State, the following grants are hereby made, to wit:

For university purposes, two hundred thousand acres; University for legislative, executive, and judicial public buildings State Buildings. heretofore erected in said Territory or to be hereafter erected in the proposed State, and for the payment of the bonds heretofore or hereafter issued therefor, one hundred thousand acres; for penitentiaries, one hundred Penitentiaries. thousand acres; for insane asylum, one hundred thou

sand acres; for schools and asylums for the deaf, dumb,
and the blind, one hundred thousand acres; for miners' Miners' hospi-
hospitals for disabled miners, fifty thousand acres; for takie
normal schools, two hundred thousand acres; for State Charitable in-
charitable, penal, and reformatory institutions, one hun-
dred thousand acres; for agricultural and mechanical Agricultural
colleges, one hundred and fifty thousand acres; and the colleges.
national appropriation heretofore annually paid for the Appropriation

agricultural and mechanical college to said Territory

, until further order of Congress, continue to be
paid to said State for the use of said institution; for
school of mines, one hundred and fifty thousand acres; School of mines.
for military institutes, one hundred thousand acres; and tu tilitary insti-
for the payment of the bonds and accrued interest thereon County bonds.
issued by Maricopa, Pima, Yavapai, and Coconino coun-
ties, Arizona, whích said bonds were validated, approved,
and confirmed by the Act of Congress of June sixth,
eighteen hundred and ninety-six (Twenty-ninth Stat-

, page two hundred and sixty-two), one million acres :
Provided, That if there shall remain any of the one mil- Balance to com-
lion acres of land so granted, or of the proceeds of the mon schools.
sale or lease thereof, or rents, issues, or other profits
therefrom, after the payment of said debts, such re-
mainder of lands and the proceeds of sales thereof shall
be added to and become a part of the permanent school
fund of said State, the income therefrom only to be used
for the maintenance of the common schools of said State.

SEO. 26. That the schools, colleges, and universities Control of
provided for in this Act shall forever remain under the schools.
exclusive control of the said State, and no part of the hillestarian pro-
proceeds arising from the sale or disposal of any lands
granted herein for educational purposes shall be used
for the support of any sectarian or denominational
school, college, or university.

Seo. 27. That five per centum of the proceeds of sales Use of 5 per
public lands lying within said State which shall be confund for

common schools sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to the said State to be used as a permanent inviolable fund, the interest of which only shall be expended for the support of the common schools within said State.


Lands and proceeds to be held in trust.


SEC 28. That it is hereby declared that all lands hereby granted, including those which, having been heretofore granted to the said Territory, are hereby expressly transferred and confirmed to the said State, shall be by the said State held in trust, to be disposed of in whole or in part only in manner as herein provided and for the several objects specified in the respective granting and confirmatory provisions, and that the natural products and money proceeds of any of said lands shall be subject

to the same trusts as the lands producing the same. Disposal for Disposition of any of said lands, or of any money or other purposes breach of trust.' thing of value directly or indirectly derived therefrom,

for any object other than for which such particular lands, or the lands from which such money or thing of value shall have been derived, were granted or confirmed, or in any manner contrary to the provisions of this Act, shall

be deemed a breach of trust. Mortgages for

No mortgage or other incumbrance of the said lands, or any thereof, shall be valid in favor of any person

or for any purpose or under any circumstances whatsoto highest bidders ever. Said lands shall not be sold or leased, in whole

or in part, except to the highest and best bidder at a public auction to be held at the county seat of the county wherein the lands to be affected, or the major

portion thereof, shall lie, notice of which public auction Advertisement. shall first have been duly given by advertisement, which

shall set forth the nature, time, and place of the transaction to be had, with a full description of the lands to be offered, and be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the State capital, and in that newspaper of like circulation which shall then be regularly published nearest to the location of

such lands so offered; nor shall any sale or contract for Sales of timber. the sale of any timber or other natural product of such

lands be made, save at the place, in the manner, and after the notice by publication thus provided for sales and leases of the lands themselves: Provided, That nothing herein contained shall prevent said proposed States from leasing any of said lands referred to in this sec. tion for a term of five years or less without said adver

tisement herein required. Appraisal and All lands, leaseholds, timber, and other products of

land, before being offered, shall be appraised at their true value, and no sale or other disposal thereof shall be made for a consideration less than the value so ascertained, nor in any case less than the minimum price hereinafter fixed, nor upon credit unless accompanied by ample security, and the legal title shall not be deemed to have passed until the consideration shall

have been paid. Minimam No lands shall be sold for less than three dollars per prices.

acre, and no lands which are or shall be susceptible

Short leases.


of irrigation under any projects now or hereafter completed or adopted by the United States under legislation for the reclamation of lands, or under any other project for the reclamation of lands, shall be sold at less than twenty-five dollars per acre: Provided, That said State, at the request of the Secretary of the Interior, shall from time to time relinquish such of its lands to Relinquish the United States as at any time are needed for irriga- mation projects.

ment for reclation works in connection with any such Government project. And other lands in lieu thereof are hereby Lieu selections. granted to said State, to be selected from lands of the character named and in the manner prescribed in section twenty-four of this Act. There is hereby reserved to the United States and ex- reservations.

Water-power cepted from the operation of any and all grants made or confirmed by this Act to said proposed State all land actually or prospectively valuable for the development of water powers or power for hydroelectric use or transmission and which shall be ascertained and designated by the Secretary of the Interior within five years after the proclamation of the President declaring the admission of the State; and no lands so reserved and excepted shall be subject to any disposition whatsoever by said State, and any conveyance or transfer of such land by said State or any officer thereof shall be absolutely null and void within the period above named; and in lieu of the Lieu selections. land so reserved to the United States and excepted from the operation of any said grants there be, and is hereby, granted to the proposed State an equal quantity of land to be selected from land of the character named and in the manner prescribed in section twenty-four of this Act.

A separate fund shall be established for each of the Separate funds several objects for which the said grants are hereby

of proceeds. made or confirmed, and whenever any moneys shall be in any manner derived from any of said land the same shall be deposited by the state treasurer in the fund corresponding to the grant under which the particular land producing such moneys was by this Act conveyed or confirmed No moneys shall ever be taken from one fund for deposit in any other, or for any object other than that for which the land producing the same was granted or confirmed. The state treasurer shall keep

Investment. all such moneys invested in safe, interest-bearing securities, which securities shall be approved by the governor and secretary of state of said proposed State, and shall at all times be under a good and sufficient bond or bonds conditioned for the faithful performance of his duties in regard thereto, as defined by this Act and the laws of the State not in conflict herewith.

Every sale, lease, conveyance, or contract of or con Irregular seases cerning any of the lands hereby granted or confirmed, or

void. 36039_-23-35

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