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Is mit 10 site of Fort Assinniboine, Montana, duly approved by Sale of law be coal is the governor of Montana and to be in 'full force and State ates or te effect after the fourth day of July, nineteen hundred and pect for a thirteen, and upon the transfer to the State of Montana

Transfer, etc. isits what.. by the President of the United States of two thousand e Actor acres of land, situate in said abandoned Fort AssinniThirteen boine Reservation and embracing the military buildings .but at said abandoned fort, except the guardhouse at said iht to be post; the President of the I'nited States is hereby authorSarT to ized and directed to transfer, grant, and set over to the ridian State of Montana all right, title, and interest of, in, and posed to the said two thousand acres of land hereby reserved,

embracing the buildings at Fort Assinniboine, except the nds sites guardhouse at said post, upon payment therefor by the the State of Montana to the United States of the sum of $2.50 o les per acre: Provided, That the State of Montana shall be Condition. time required to make its selection of two thousand acres Der Twithin one year from the date of the passage of this Act. Sec. 7. That sections sixteen and thirty-six of the

Sections meland in each township within said abandoned Fort mon schools. are Assinniboine Military Reservation, except those porin stions thereof classified as coal or mineral lands, shall be

reserved for the use of the common schools of the State

of Montana, and are hereby granted to the State of Monent? tana: Provided, That the State may, if it so elects within Acceptance of

one year from the date of the passage of this Act lands. hid accept subject to the reservation in the United States

of the coal deposits therein the portion of said sections
sixteen and thirty-six classified as coal lands, in full
satisfaction of the grant herein made for common schools:
Provided, That for all lands lost to the State because Indemnity se-
classified as coal or mineral indemnity may be taken as
provided for in sections twenty-two hundred and sev-
enty-five and twenty-two hundred and seventy-six of
the Revised Statutes: And provided, That there is hereby
Peserved for homestead entry by Mary A. Herron, Mary A. Her
or her heirs, subject to the terms of this Act, the follow-ron; homestead
ing described land upon said reservations: Northwest
quarter of northeast quarter of section twenty-eight:
west half of southeast quarter, northeast quarter of south-
east quarter, section twenty-one, township thirty-two,
range fifteen east: Provided further. That in case of Reversjon il
failure of Mary A. Herron, or her heirs, to make entry not entered,
within six months from the date of the passage of this
Act, the lands will become subject to settlement and
entry in accordance with the provisions of section four
of this Act, the price to be fixed by the period of entry
reckoned from the date of the expiration of the reserva-
tion in favor of Mary A. Herron and her heirs.

Sec. 8. That the lands shall be opened to settlement Proclamation
and entry by proclamation of the President, which proc. op opening.
lamation shall prescribe the manner in which the lands
may be settled upon, occupied, and entered by persons

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lections.

within the limits of any abandoned military reservation heretofore placed under the control of the Secretary of the Interior for disposition under the Act approved July fifth, eighteen hundred and eighty-four, the disposal of which has not been provided for by a subsequent Act of Congress, where the area exceeds five thousand acres, except such legal subdivisions as have Government improvements thereon, and except also such other parts as are now or may be reserved for some public use, are hereby opened to settlement under the public-land laws of the United States and a preference right of entry for a period of six months from the date of this Act shall be given all bona fide settlers who are qualified to enter under the homestead law and have made improvements and are now residing upon any agricultural lands in said reservations, and for a period of six months from the

date of settlement when that shall occur after the date of Preference to this Act: Provided, That persons who enter under the kiemestead set. homestead law shall pay for such lands not less than the

value heretofore or hereafter determined by appraisement, nor less than the price of the land at the time of the entry, and such payment may, at the option of the purchaser, be made in five equal installments, at times and at rates of interest to be fixed by the Secretary of

the Interior. Appraisements, SEC. 2. That nothing contained in this Act shall be

construed to suspend or to interfere with the operation of the said Act approved July fifth, eighteen hundred and eighty-four, as to all lands included in abandoned military reservations hereafter placed under the control of the Secretary of the Interior for disposal, and all appraisements required by the first section of this Act shall be in accordance with the provisions of said Act of July fifth, eighteen hundred and eighty-four.'

Approved, August 23, 1894 (28 Stat. 491).

Payment.

etc.

An Act To amend and extend the provisions of an Act entitled "An

Act to provide for the opening of certain abandoned military reservations, and for other purposes," approved August twentythird, eighteen hundred and ninety-four.

Settlement of Be it enacted by the Senate and House of Representaabandoned mili. tary reservations.

tives of the United States of America in Congress assembled, That the provisions of the Act approved August twenty-third, eighteen hundred and ninety-four, entitled "An act to provide for the opening of certain abandoned military reservations, and for other purposes," are hereby extended to all abandoned military reservations which were placed under the control of the Secretary of the Interior under any law in force prior to the Act of July fifth, eighteen hundred and eighty-four.

1 Observe the use of the word " heretofore."
See the Act of Feb. 15, 1895.

Sec. 2. That the preference right of entry given to

Preference to

homestead setactual settlers by the terms of the Act to which this is an tlers extended. amendment shall, so far as the lands to which the provisions of said Act are extended, take effect and continue for six months from the date of this amendatory Act.

Approved, February 15, 1895 (28 Stat. 664).

MONTANA.

Mont.

An Act Authorizing the Secretary of the Interior to survey the lands

of the abandoned Fort Assinniboine Military Reservation and open the same to settlement.

Be it enacted by the Senate and House of Representa-boine Military tives of the United States of America in Congress assem

Reservation, bled, That the Secretary of the Interior is hereby authorized and directed to immediately cause to be surveyed all Survey of lands

in. of the lands embraced within the limits of the abandoned Fort Assinniboine Military Reservation, in the State of Montana.

Sec. 2. That before said lands are opened to entry the Classification of Secretary of the Interior shall have said lands classified ing to entry. by an inspector or special agent of the Department of the Interior into four classes-first, agricultural lands; second, timber lands; third, coal lands; and fourth, mineral lands—and in making such classification all lands susceptible of cultivation that do not contain in excess of fifty thousand feet of merchantable timber to the fortyacre tract shall be classified as agricultural lands, and all lands containing in excess of fifty thousand feet of merchantable timber to the forty-acre tract shall be classified as timber lands.

Sec. 3. That when so classified, all of said lands classed, Agricultural as agricultural lands shall be opened to settlement and entry under the homestead laws of the United States, but not to entry or location under sections twenty-three hun soldiers' endred and six and twenty-three hundred and seven of the Revised Statutes: Provided, however, That the enlarged Enlarged homehomestead Act, approved February nineteenth, nineteen hụndred and nine, shall not apply until six months after said land has been opened to settlement and entry as aforesaid : And provided further, That any rights which prior

Prior rights

protected. may have attached to any of said lands under any of the public-land laws of the United States prior to the passage of this Act may be perfected and the lands so affected may be patented upon proof of compliance with the laws under which such rights so attached : Provided further, That lands classified as timber lands shall be disposed of under rules and regulations to be provided by the Secretary of the Interior with the authority to dispose of the

Coal lands, timber and land separately when deemed advisable: Pro- surface entries. vided further, That the lands classified as coal lands shall be subject to disposition under the homestead laws, as herein provided for lands classified as agricultural, but

lands.

steads.

Timberlands.

Fees.

those making entry of such lands must agree to a reservation to the United States of the coal deposits therein and of the right in the United States, or those claiming through the United States, to prospect for, mine and remove the same, and such coal deposits shall be disposed of as provided by section three of the Act of June twentysecond, nineteen hundred and ten (Thirty-sixth Statutes, page five hundred and eighty-three), but no purchase of the coal deposits shall confer any right to the surface of

the lands excepting such as is necessary to the mining Mineral lands, and removal of the coal deposits: Provided further, That

lands classified as mineral shall be disposed of under the mining laws.

Sec. 4. That entrymen upon said lands shall, in addition to the regular land office fees, pay the sum of $1.25 per acre for said land, such payments to be made as follows: Twenty-five cents per acre at the time of making entry and 25 cents per acre each and every year there

after until the full sum of $1.25 per acre shall have been Subsequent ad- paid : Provided, That for a period of six months subseditional fees.

quent to the date on which the lands are opened to settlement entrymen upon said lands shall, in addition to the regular land office fees, pay the sum of $2.50 per acre for said land, such payments to be made as follows: Fifty cents per acre at the time of making entry and 50

cents per acre each and every year thereafter until the Forfeiture for full sum of $2.50 per acre shall have been paid. In case

any entryman fails to make annual payments, or any of them when due, all right in and to the lands covered by his entry shall cease; and any payments theretofore made shall be forfeited and the entry canceled, and the land shall be again subject to entry under the provisions of the homestead law at the price fixed therefor by the former entry; but in all cases the full amount of pur

chase money must be paid on or before the offer of final Commutation. proof: Provided, however, That the commutation pro

vision of the general homestead law shall be applicable to all persons making homestead entry on said land under the provisions of this Act, save and excepting entrjes

made hereunder in accordance with the provisions of the Enlarged home. enlarged homestead Act, approved February nineteenth, steads. nineteen hundred and nine, which shall not be subject

to commutation, but in instances where commutation is permissible hereunder, the entryman shall pay, in addition to the price fixed for entry, the sum of $1.25 per acre, as consideration for the privilege.

Sec. 5. That this Act shall not apply to an area of Government buildings not in two thousand acres embracing the Government buildings cluded.

at Fort Assinniboine.

Sec. 6. That the Thirteenth Legislative Assembly of the State of Montana having enacted a law for the purpose of establishing an agricultural, manual training, or other educational or public institution upon the present

nonpayment.

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Transfer, etc.

Sections

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site of Fort Assinniboine, Montana, duly approved by a galeraine la tud the governor of Montana and to be in full force and state effect after the fourth day of July, nineteen hundred and tana. thirteen, and upon the transfer to the State of Montana by the President of the United States of two thousand acres of land, situate in said abandoned Fort Assinniboine Reservation and embracing the military buildings at said abandoned fort, except the guardhouse at said post; the President of the United States is hereby authorized and directed to transfer, grant, and set over to the State of Montana all right, title, and interest of, in, and to the said two thousand acres of land hereby reserved, embracing the buildings at Fort Assinniboine, except the guardhouse at said post, upon payment therefor by the State of Montana to the United States of the sum of $2.50 per acre: Provided, That the State of Montana shall be Condition. required to make its selection of two thousand acres within one year from the date of the passage of this Act. Sec. 7. That sections sixteen and thirty-six of the

served for comland in each township within said abandoned Fort mon schools. Assinniboine Military Reservation, except those portions thereof classified as coal or mineral lands, shall be reserved for the use of the common schools of the State of Montana, and are hereby granted to the State of Montana: Provided, That the State may, if it so elects within Acceptance of one year from the date of the passage of this Act lands. accept subject to the reservation in the United States of the coal deposits therein the portion of said sections sixteen and thirty-six classified as coal lands, in full satisfaction of the grant herein made for common schools: Provided, That for all lands lost to the State because Indemnity seclassified as coal or mineral indemnity may be taken as

lections. provided for in sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes: And provided, That there is hereby reserved for homestead entry by Mary A. Herron, Mary A. Heror her heirs, subject to the terms of this Act, the follow-ron; homestead

entry allowed. ing described land upon said reservations: Northwest quarter of northeast quarter of section twenty-eight; west half of southeast quarter, northeast quarter of southeast quarter, section twenty-one, township thirty-two, range fifteen east: Provided further. That in case of Reversion it failure of Mary A. Herron, or her heirs, to make entry not entered, within six months from the date of the passage of this Act, the lands will become subject to settlement and entry in accordance with the provisions of section four of this Act, the price to be fixed by the period of entry reckoned from the date of the expiration of the reservation in favor of Mary A. Herron and her heirs. Sec. 8. That the lands shall be opened to settlement Proclamation

of opening. and entry by proclamation of the President, which proclamation shall prescribe the manner in which the lands may be settled upon, occupied, and entered by persons

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