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An Act Extending the homestead laws and providing for right of way
for railroads in the district of Alaska, and for other purposes.
Timber, sale of. Sec. 11. That the Secretary of the Interior,18 under
such rules and regulations as he may prescribe, may cause to be appraised the timber or any part thereof upon public lands in the District of Alaska, and may from time to time sell so much thereof as he may deem proper for not less than the appraised value thereof, in such quantities to each purchaser as he shall prescribe, to be used in the District of Alaska, but not for export therefrom.19 And such sales shall at all times be limited to actual necessities for consumption in the district from year to year, and payments for such timber shall be made to the receiver of public moneys of the local land office of the land district in which said timber may be sold, under such rules and regulations as the Secretary of the Interior may prescribe, and the moneys arising therefrom shall be accounted for by the receiver of such land office to the Commissioner of the General Land Office in a separate account, and shall be covered into the Treasury. The Secretary of the Interior may permit, under regulations to be prescribed by him, the use of timber found upon the public lands in said District of Alaska by actual settlers, residents, individual miners, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and for domestic purposes, as may actually be needed by such persons for such purposes.
Approved, May 14, 1898 (30 Stat. 409-414).
An Act Providing for the transfer of forest reserves from the Depart.
ment of the Interior to the Department of Agriculture.
Export of pulp wood, etc., from
Sec. 2. That pulp wood or wood pulp manufactured Alaska permitted. from timber in the district of Alaska may be exported
Approved February 1, 1905 (33 Stat. 628).
An Act To repeal timber-culture laws, and for other purposes.
Alaska town SEC. 11. That until otherwise ordered by Congress tes.
lands in Alaska may be entered for town-site purposes, for
18 The administration of the forest_reserves was transferred to the Sec retary of Agriculture by the act of Feb. 1, 1905.
19 See sec. 2 of the act of Feb. 1, 1905, following, and the act of Mar. 3, 1905, under “ Forest reserves," allowing exportation of timber.
the several use and benefit of the occupants of such town sites, by such trustee or trustees as may be named by the Trustees Secretary of the Interior for that purpose, such entries to be made under the provisions of section twenty-three hundred and eighty-seven of the Revised Statutes as near as may be; and when such entries shall have been made the Secretary of the Interior shall provide by regulation for the proper execution of the trust in favor of the inhabitants of the town site, including the survey of the land into lots, according to the spirit and intent of said section twenty-three hundred and eighty-seven of the Revised Statutes, whereby the same results would be reached as though the entry had been made by a county judge and the disposal of the lots in such town site and the proceeds of the sale thereof had been prescribed by the legislative authority of a State or Territory: Provided, That no more than six hundred and forty acres shall be embraced in one town-site entry.
Approved, March 3, 1891 (26 Stat. 1095–1099).
An Act Making further provision for a civil government for Alaska,
and for other purposes.
Sec. 31. * Any division of the court may, Jalileo
Reservation for where necessary, order the construction or repair of a jail building at the place or places where terms of the court are held, at a cost not to exceed three thousand dollars for each building, the same to be paid by the clerk as provided for the payment of other allowances for the necessary expenses of the court; and any part or portion of the unappropriated public domain of the United States, embracing not more than four thousand square feet, to be taken in compact form, as near as may be practicable, may be set aside by order of the court as a jail site, which order shall describe the location of the ground selected, where unsurveyed by metes and bounds and by reference to natural objects and permanent monuments, in such manner that its boundaries and its location may be readily determined, a certified copy of which order of the court shall be by the clerk thereof transmitted to the Commissioner of the General Land Office, who shall cause the same to be noted on the records of his office, and thereafter the ground described shall be reserved from sale or other disposition, unless for good cause the court shall vacate the order of reservation or Congress shall otherwise direct.
Where a suitable court room is not available or can not Reservation for be obtained at a reasonable rental at the place or any of
courthouse site. the places where terms of the court are held, the court may enter a like order of reservation and direct the construction of a suitable building where the sessions of the
court may be held, the cost of such building not to exceed in any case the sum of five thousand dollars, the same to be paid and proceedings to reserve the land to be as in the case of the reservation of ground and construction of jail, as hereinbefore provided.
Approved, June 6, 1900 (31 Stat. 321-332).
TRADE AND MANUFACTURING SITES.
An Act Extending the homestead laws and providing for right of way
for railroads in the district of Alaska, and for other purposes.'
Sec. 10. That any citizen of the United States twentyland embracing his improvements one years of age, or any association of such citizens, or purposes of trade any corporation incorporated under the laws of 'the
United States or of any State or Territory now authorized by law to hold lands in the Territories, hereafter in the possession of and occupying public lands in the district of Alaska in good faith for the purposes of trade, manufacture, or other productive industry, may each purchase one claim only not exceeding eighty acres of such land for any one person, association, or corporation, at two dollars and fifty cents per acre, upon submission of proof that said area embraces improvements of the claimant and is needed in the prosecution of such trade, manufacture, or other productive industry, such tract of
land not to include mineral or coal lands, and ingress and Entries on nav
egress shall be reserved to the public on the waters of all gable water lim- streams, whether navigable or otherwise: Provided, That ited.
no entry shall be allowed under this Act on lands abutting
on navigable water of more than eighty rods: 20 Provided spaces reserved. further, That there shall be reserved by the United States
a space of eighty rods in width between tracts sold or entered under the provisions of this Act on lands abutting
on any navigable stream, inlet, gulf, bay, or seashore, and Use of land for that the Secretary of the Interior may grant the use of wharves.
such reserved lands abutting on the water front to any citizen or association of citizens, or to any corporation incorporated under the laws of the United States or under the laws of any State or Territory, for landings, and wharves, with the provision that the public shall have access to and proper use of such wharves, and landings,
at reasonable rates of toll to be prescribed by said SecreRoadway re.
tary, and a roadway sixty feet in width, parallel to the
shore line as near as may be practicable, shall be reserved Advere for the use of the public as a highway: Provided further, claims.
That in case more than one person, association, or corporation, shall claim the same tract of land, the person, association, or corporation having the prior claim, by reason
20 See the act of June 5, 1920, under " Homesteads in Alaska."
of actual possession and continued occupation in good faith, shall be entitled to purchase the same, but where several persons are or may be so possessed of parts of the tract applied for the same shall be awarded to them according to their respective interests: Provided further, trade That all claims substantially square in form and lawfully initiated, prior to January twenty-first, eighteen hundred and ninety-eight, by survey or otherwise, under sections twelve and thirteen of the Act approved March third, eighteen hundred and ninety-one (Twenty-sixth Statutes at Large, chapter five hundred and sixty-one), may be perfected and patented upon compliance with the provisions of said Act, but subject to the requirements and provisions of this Act, except as to area, but in no case shall such entry extend along the water front for more than one hundred and sixty rods: And provided further, for natives.
Landing places That the Secretary of the Interior shall reserve for the use of the natives of Alaska suitable tracts of land along the water front of any stream, inlet, bay, or seashore for landing places for canoes and other craft used by such natives: Provided, That the Annette, Pribilof Islands, reserved. and the islands leased or occupied for the propagation of foxes be excepted from the operation of this Act. That all affidavits, testimony, proofs, and other papers Admissibility of
testimony. provided for by this Act and by said Act of March third, eighteen hundred and ninety-one, or by any departmental or Executive regulation thereunder, by depositions or otherwise, under commission from the register and receiver of the land office, which may have been or may hereafter be taken and sworn to anywhere in the United States, before any court, judge, or other officer authorized by law to administer an oath, shall be admitted in evidence as if taken before the register and receiver of the proper local land office. And thereafter such proof, Procedure on together with a certified copy of the field notes and plat patent. of the survey of the claim, shall be filed in the office of the surveyor-general of the district of Alaska, and if such survey and plat shall be approved by him, certified copies thereof, together with the claimant's application to purchase, shall be filed in the United States land office in the land district in which the claim is situated, whereupon, at the expense of the claimant, the register of such land office shall cause notice of such application to be published for at least sixty days in a newspaper of general circulation published nearest the claim within the district of Alaska, and the applicant shall at the time of filing such field notes, plat, and application to purchase in the land office, as aforesaid, cause a copy of such plat, together with the application to purchase, to be posted upon the claim, and such plat and application shall be kept posted in a conspicuous place on such claim continuously
Adverse claim. for at least sixty days, and during such period of posting
and publication or within thirty days thereafter any person, corporation, or association, having or asserting any adverse interest in, or claim to, the tract of land or any part thereof sought to be purchased, may file in the land office where such application is pending, under oath, an adverse claim setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin action to quiet title in a court of competent jurisdiction within the District of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of the court.21
Approved, May 14, 1898 (30 Stat. 413).
* This section supersedes secs. 12 and 13 of the act of Mar, 3, 1891 (26 Stat. 1098-1100).