cut down any witness tree or any tree blazed to mark the line of a Government survey, or to deface or remove any monument or bench mark of any Government survey. That any person who shall offend against any of the provisions of this paragraph shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court shall be fined not exceeding two hundred and fifty dollars, or be imprisoned not more than one hundred days. All the fines accruing under this paragraph shall be paid into the treasury, and the informer, in each case of conviction, shall be paid the sum of twenty-five dollars.2 Extract from the sundry civil appropriation Act, approved March 3, 1899 (30 Stat. 1074-1097). by Commissioner And provided further, That hereafter all standard, Standard lines meander, township, and section lines of the public land to be established surveys shall, as heretofore, be established under the of Land Office. direction and supervision of the Commissioner of the General Land Office, whether the lands to be surveyed are within or without reservations, except that where the exterior boundaries of public forest reservations are required to be coincident with standard, township, or section lines such boundaries may, if not previously established in the ordinary course of the public land surveys, be established and marked under the supervision of the Director of the United States Geological Survey whenever necessary to complete the survey of such exterior boundaries. Extract from legislative appropriation Act, approved March 3, 1901 (31 Stat. 960-1003). Fund available stationery. Provided, That the stationery and drafting instruments hereafter purchased for exclusive use in the offices to pay for office of the surveyors-general in the preparation of plats and field notes of mineral surveys, as also the rent of additional quarters that may be necessary for the execution of such work, shall be paid for out of the fund created by deposits made by individuals to the credit of the United States to cover the cost of office work on such mineral surveys. Extract from the Act making appropriations for the Department of the Interior, approved May 24, 1922 (42 Stat. 552-558). penses. Surveying public lands: For surveys and resurveys of Surveying expublic lands, examinations of surveys heretofore madente, p. 553. and reported to be defective or fraudulent, inspecting mineral deposits, coal fields, and timber districts, making fragmentary surveys, and such other surveys or examinations as may be required for identification of lands for purposes of evidence in any suit or proceeding in behalf * See the act of Mar. 4, 1909. Provisos. Grants States. Vol. 25, 616. Vol. 215, 222. ors. to p. of the United States, under the supervision of the Commissioner of the General Land Office and direction of the Secretary of the Interior, $650,000, of which such amount as may be allotted for work in Alaska shall be immediately available: Provided, That in expending this appropriation preference shall be given, first, in favor of surveying townships occupied in whole or in part by actual settlers and of lands granted to the States by the Act approved February 22, 1889, and the Acts 26, PP. approved July 3 and July 10, 1890, and to survey under such other Acts as provide for land grants to the several States and Territories, and such indemnity lands as the several States and Territories may be entitled to in lieu of lands granted them for educational and other purposes which may have been sold or included in some. reservation or otherwise disposed of, except railroad land grants, and including the survey, appraisal, and sale of abandoned military reservations transferred to the control of the Secretary of the Interior, and other surveys shall include lands adapted to agriculture and lands deemed advisable to survey on account of availability for irrigation or dry farming, lands subject to disposition under mineral land laws where survey thereof is not otherwise provided for, lines of reservations, and lands within boundaries of forest reservations, and including such retracements and re-marking of State boundaries as shall be found necessary in order to Pay of survey close the public land lines thereon. The surveys and resurveys provided for in this appropriation to be made by such competent surveyors as the Secretary of the Interior may select, at such compensation, not exceeding $200 per month each, as he may prescribe, except in Alaska, where a compensation not exceeding $300 per month each may be allowed such surveyors, except that the Secretary of the Interior may appoint not to exceed Supervisor of one supervisor of surveys, whose compensation shall not exceed $300 per month, and not to exceed ten surveyors who may be employed in a supervisory capacity, whose compensation shall not exceed $250 per month each, and Per diem sub- per diem in lieu of subsistence when allowed pursuant P to section 13 of the Sundry Civil Appropriation Act approved August 1, 1914, and actual necessary expenses for transportation, said per diem and traveling expenses to be allowed to all surveyors employed hereunder and to such clerks who are competent surveyors who may section be detailed to field duty hereunder: Provided further, That the sum of not exceeding 10 per centum of the amount hereby appropriated may be expended by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior, for the purchase of metal or other equally durable monuments to be used for public land survey corners wherever pracDetailed field ticable: Provided further, That not to exceed $10,000 surveys. sistence. Vol. 38, 680. Metal corners. employees. and California Rail of this appropriation may be expended for salaries of employees of the field surveying service temporarily detailed to the General Land Office: Provided further, Oregon That not to exceed $50,000 of this appropriation may be road lands, etc. used for the survey, classification, and sale of the lands and timber of the so-called Oregon and California Railroad lands and the Coos Bay Wagon Road lands.3 Extract from the sundry civil appropriation Act approved June 28, 1902 (32 Stat. 419-453). Survey rates. Preferences. For surveys and resurveys of public lands, three hundred and twenty-five thousand dollars, at rates not exceeding nine dollars per linear mile for standard and meander lines, seven dollars for township, and five dollars for section lines: Provided, That in expending this appropriation preference shall be given, first, in favor of surveying townships occupied, in whole or in part, by actual settlers and of lands granted to the States by the Acts approved February twenty-sixth, eighteen hundred and fifty-seven, and May eleventh, eighteen hundred and fifty-eight, the Act approved February twenty-second, eighteen hundred and eighty-nine, and the Acts approved July third and July tenth, eighteen hundred and ninety, and, second, to surveying under such other Acts as provide for land grants to the several States, except railroad land grants and such indemnity lands as the several States may be entitled to in lieu of lands granted them for educational and other purposes which may have been sold or included in some reservation or otherwise disposed of, and other surveys shall be confined to lands adapted to agriculture and lines of reservations, except forest reservations, and lands within boundaries of forest reservations, except that the Commissioner of the General Land Office may allow, for the survey and heavily timbered resurvey of lands heavily timbered, mountainous, or covered with dense undergrowth, ratęs not exceeding thirteen dollars per linear mile for standard and meander lines, eleven dollars for township, and seven dollars for section lines, and in cases of exceptional difficulties. in the surveys, where the work can not be contracted for at these rates, compensation for surveys and resurveys may be allowed by the said commissioner, with the approval of the Secretary of the Interior, at rates not exceeding eighteen dollars per linear mile for standard and meander lines, fifteen dollars for township, and twelve dollars for section lines: Provided, further, That in the Lands in CaliStates of California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming, the Territories of Arizona and New Mexico, and the district of Alaska, there may be allowed, in the discretion of the Secretary of the Interior, for the survey and resurvey of lands allowances. A similar provision for the survey of public lands has been made since July 1, 1910. Extra rates for lands. fornia. Discretionary heavily timbered, mountainous, or covered with dense undergrowth, rates not exceeding twenty-five dollars per linear mile for standard and meander lines, twentythree dollars for township, and twenty dollars for section lines, the provisions of section twenty-four hundred and eleven, Revised Statutes of the United States, authorizing allowance for surveys in California and Oregon are hereby extended to all of the above-named Resurveys. States and Territories and district. And of the sum hereby appropriated there may be expended such an amount as the Commissioner of the General Land Office may deem necessary for examination of public surveys in the several surveying districts, by such competent surveyors as the Secretary of the Interior may select, or by such competent surveyors, as he may authorize the surveyor-general to select, at such compensation, not exceeding six dollars per day, and such per-diem allowance in lieu of subsistence, not exceeding three dollars, while engaged in field examinations, as he may prescribe, said per-diem allowance to be also made to such clerks who are competent surveyors who may be detailed to make field examinations, in order to test the accuracy of the work in the field, and to prevent payment for fraudulent and imperfect surveys returned by deputy surveyors, and for examinations of surveys heretofore made and Inspecting min reported to be defective or fraudulent, and inspecting mineral deposits, coal fields, and timber districts, and for making by such competent surveyors fragmentary surveys, and such other surveys or examinations as may be required for identification of lands for purposes of evidence in any suit or proceeding in behalf of the United States. eral lands. Necessary surveys ized. author An Act Authorizing the necessary resurvey of public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemre- bled, That the Secretary of the Interior may in his discretion cause to be made, as he may deem wise under the rectangular system now provided by law, such resurveys or retracements of the surveys of public lands as, after full investigation, he may deem essential to properly mark the boundaries of the public lands remaining Bona fide rights undisposed of: Provided, That no such resurvey or retracement shall be so executed as to impair the bona fide rights or claims of any claimant, entryman, or owner of Amount for, lands affected by such resurvey or retracement: Provided further, That not to exceed five per centum of the total annual appropriation for surveys and resurveys of the public lands shall be used for the resurveys and retracements authorized hereby.1 not impaired. limited. Approved, March 3, 1909 (35 Stat, 845). 1 See the Acts of June 25, 1910, and September 21, 1918. Joint Resolution To amend and correct chapter two hundred and seventy-one of volume thirty-five, United States Statutes at Large. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the words "five per centum" in the last proviso of chapter two hundred and seventy-one of volume thirtyfive of the United States Statutes at Large be changed to read "twenty per centum," so that the said chapter when so changed shall read as follows: surveys author-. Bona fide rights "That the Secretary of the Interior may, in his discre- Necessary retion, cause to be made, as he may deem wise under the izd rectangular system now provided by law, such resurveys or retracements of the surveys of public lands as, after full investigation, he may deem essential to properly mark the boundaries of the public lands remaining undisposed of: Provided, That no such resurvey or retrace- not impaired. ment shall be so executed as to impair the bona fide rights or claims of any claimant, entryman, or owner of lands affected by such resurvey or retracement: Provided further, That not to exceed twenty per centum of the total annual appropriation for surveys and resurveys of the ceased to 20 per public lands shall be used for the resurveys and retracements authorized hereby." Approved, June 25, 1910 (36 Stat. 884). An Act Authorizing the resurvey or retracement of lands heretofore returned as surveyed public lands of the United States under certain conditions. Amount for, in privately owned of owners. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon the application of the owners of three- Resurvey of fourths of the privately owned lands in any township lands at request covered by public-land surveys, more than fifty per centum of the area of which townships is privately owned, accompanied by a deposit with the United States surveyor general for the proper State, or if there be no surveyor general of such State, then with the Commissioner of the General Land Office, of the proportionate estimated cost, inclusive of the necessary [office] work, of the resurvey or retracement of all the privately owned lands in said township, the Commissioner of the General Land Office, subject to the supervisory authority of the Secretary of the Interior, shall be authorized in his discretion to cause to be made a resurvey or retracement of the lines of said township and to set permanent corners and monuments in accordance with the laws and regulations governing surveys and resurveys of public lands; that the sum so deposited shall Deposits for be held by the surveyor general or commissioner when ex officio surveyor general and may be expended in 36039-23-38 costs. |