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Town lots or

be acquired.

for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of six per centum per annum on deferred payments. Approved, June 11, 1910 (36 Stat. 465).

ALIENS.

An Act To better define and regulate the rights of aliens to hold and own real estate in the Territories.

SEC. 2.

*

* This Act shall not be construed to

mining chim may prevent any persons not citizens of the United States from acquiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, or in any mine or mining claim, in any of the Territories of the United States.

chase certain

teries and parks.

*

Approved, March 2, 1897 (29 Stat. 618).

PARKS AND CEMETERIES.

An Act To authorize entry of the public lands by incorporated cities and towns for cemetery and park purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemCities may pur: bled, That incorporated cities and towns shall have the lands for ceme right, under rules and regulations prescribed by the Secretary of the Interior, to purchase for cemetery and park purposes not exceeding one-quarter section of public lands not reserved for public use, such lands to be within Three-mile three miles of such cities or towns: Provided, That when such city or town is situated within a mining district, the land proposed to be taken under this Act shall be considered as mineral lands, and patent to such lands Mineral lands. shall not authorize such city or town to extract mineral therefrom, but all such mineral shall be reserved to the United States, and such reservation shall be entered in such patent.

limit.

lands for cemeteries.

Approved, September 30, 1890 (26 Stat. 502).

An Act To authorize the sale of public lands for cemetery purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem Sale of public bled, That the Secretary of the Interior be, and he is hereby, authorized to sell and convey to any religious or fraternal association, or private corporation, empowered by the laws under which such corporation or association is organized or incorporated to hold real estate for cemetery purposes, not to exceed eighty acres of any unappropriated nonmineral public lands of the United States for cemetery purposes, upon the payment therefor by

such corporation or association of the sum of not less than one dollar and twenty-five cents per acre: Provided, That title to any land disposed of under the provisions of this Act shall revert to the United States, should the land or any part thereof be sold or cease to be used for the purpose herein provided.

Approved, March 1, 1907 (34 Stat. 1052).

ARIZONA AND CALIFORNIA.

Extract from the Indian appropriation Act, approved April 30, 1908 (35 Stat. 70-77)-Yuma and Colorado River Indian lands.

orado River Res

There is also appropriated out of any money in the Yuma and ColTreasury not otherwise appropriated, the further sum ervations. of five thousand dollars, or so much thereof as may be necessary, to enable the Secretary of the Interior to reserve and set apart lands for town-site purposes in the Yuma Indian Reservation, California, and the Colorado River Indian Reservation in California and Arizona, and to survey, plat, and sell the tracts so set apart in such manner as he may prescribe, the net proceeds to be deposited in the Treasury of the United States to the credit of the Indians of the reservations, respectively, to be reimbursed out of the funds arising from the sale of the lands.

IDAHO.

Extract from the Indian appropriation Act, approved June 21, 1906 (34 Stat. 325-337)-Cœur d'Alène Indian lands.

tion.
reserved.

That the Secretary of the Interior shall reserve from Coeur d'Alène said lands, whether surveyed or unsurveyed, such tracts Indian Reservafor town-site purposes as in his opinion may be required Town sites for the future public interests, and he may cause any such reservations, or parts thereof, to be surveyed into blocks and lots of suitable size, and to be appraised and disposed of under such regulations as he may prescribe, and the net proceeds derived from the sale of such lands shall be paid to said Indians as provided in section seven of this Act:

MINNESOTA.

An Act To extend the provisions of chapter eight, title thirty-two, of the Revised Statutes of the United States, entitled "Reservation and sale of town sites on the public lands," to the ceded Indian lands in the State of Minnesota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter eight, title thirty-two, of the Re- Town-site envised Statutes of the United States, entitled "Reserva- tries extended to tion and sale of town sites on the public lands," be, and lands, Minnesota, is hereby, extended to and declared to be applicable to

36039-23- 40

ceded Indian

Nonirrigable

lands.

Town-site and mineral lands.

thorized.

ceded Indian lands within the State of Minnesota. This Act shall take effect and be in force from and after its passage.

Approved, February 9, 1903 (32 Stat. 820).

ΜΟΝΤΑΝΑ.

An Act To ratify and amend an agreement with the Indians of the Crow Reservation in Montana, and making appropriations to carry the same into effect.

SEC. 5. That the lands not withdrawn for irrigation under said reclamation Act, which lands shall be determined under the direction of the Secretary of the Interior at the earliest practical date, shall be disposed of under the homestead, town-site, and mineral-land laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; and no person shall be permitted to settle upon, occupy, or enter any of said lands, except as prescribed in such proclamation, until after the expiration of sixty days from the time when the same are opened to settlement and entry :

That the price of said lands shall be four dollars per acre, when entered under the homestead laws, *

Lands entered under the town-site and mineral-land laws shall be paid for in amount and manner as provided by said laws, but in no event at a less price than that fixed herein for such lands, if entered under the homestead laws, * *

Approved, April 27, 1904 (33 Stat. 352-360).

Extract from the Indian appropriation Act, approved June 21, 1906 (34 Stat. 325-354)-Flathead Indian lands.

Town sites au- "SEC. 17. That the Secretary of the Interior is hereby authorized and directed to reserve and set aside for townsite purposes, and to survey, lay out, and plat into town lots, streets, alleys, and parks not less than forty acres of said land at or near each of the present settlements of Arlee, Dayton, Ravalli, Dixon, and Ronan, and not less than eighty acres at the present settlements of Saint Ignatius and Polson, and at such other places as the Secretary of the Interior may deem necessary or convenient for town sites, in such manner as will best subserve the present needs and the reasonable prospective growth of said settlements.

Surveys.

"Such town sites shall be surveyed, appraised, and disposed of as provided in section twenty-three hundred and Rights of oe eighty-one of the United States Revised Statutes: Provided, That any person who, at the date when the ap

cupants.

Receiving

proof.

praisers commence their work upon the land, shall be an actual resident upon any one such lot and the owner of substantial and permanent improvements thereon, and who shall maintain his or her residence and improvements on such lot to the date of his or her application to enter, shall be entitled to enter, at any time prior to the day fixed for the public sale and at the appraised value thereof, such lot and any one additional lot of which he or she may also be in possession and upon which he or she may have substantial and permanent improvements: Provided further, That before making entry of any such lot or lots the applicant shall make proof, to the satisfaction of the register and receiver of the land district in which the land lies, of such residence, possession, and ownership of improvements, under such regulations as to time, notice, manner, and character of proof as may be prescribed by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior: Provided further, That in making their appraisal Duties of apof the lots so surveyed, it shall be the duty of the appraisers to ascertain the names of the residents upon and occupants of any such lots, the character and extent of the improvements thereon, and the name of the reputed owner thereof, and to report their findings in connection with their report of appraisal, which report of findings shall be taken as prima facie evidence of the facts therein set out. All such lots not so entered prior to the day fixed for the public sale shall be offered at public outcry in their regular order, with the other unimproved and unoccupied lots. That no lot shall be sold for less than ten dollars: And provided further, Size of lots. That said lots, when surveyed, shall approximate fifty by one hundred and fifty feet in size."

Act of June 21, 1906 (34 Stat. 354), amending acts April 23, 1904 (33 Stat. 302), and March 3, 1905 (33 Stat. 1048).

TOWN SITES IN BLACKFEET AND FORT PECK LANDS.

The paragraph relating to "town sites" in the act approved March 1, 1907 (34 Stat. 1039), relative to the town sites of Browning and Babb and such other town sites as may be reserved in the Blackfeet Indian Reservation, and section 14 of the act approved May 30, 1908 (35 Stat. 563), relative to the town site of Poplar and such other town sites as may be reserved in the "Fort Peck Indian Reservation," are in substance the same as section 17 in the Flathead act above quoted, except that the act concerning town sites in the Fort Peck Reservation grants a preference right of entry to five instead of two lots.

praisers.

Relinquished

ed to settlement.

NEVADA.

Extract from the Indian appropriation Act, approved May 27, 1902 (32 Stat. 245-261)-Walker River Indian lands.

And when such allotments shall have been made, and lands to be open the consent of the Indians obtained as aforesaid, the President shall, by proclamation, open the land so relinquished to settlement, to be disposed of under existing laws.

Open to settlement by proclamation.

Town sites reserved.

Town sites. Reservation for,

Dakota.

NORTH DAKOTA AND SOUTH DAKOTA.

An Act To authorize the sale and disposition of a portion of the surplus and unallotted lands in the Cheyenne River and Standing Rock Indian Reservations in the States of South Dakota and North Dakota, and making appropriation and provision to carry the same into effect.

SEC. 2. That the lands shall be disposed of by proclamation under the general provisions of the homestead and town-site laws of the United States, and shall be opened to settlement 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 entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed in such proclamation:

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SEC. 5. That the Secretary of the Interior is authorized to reserve from said lands such tracts for town-site purposes as in his opinion may be required for the future public interests, and he may cause the same to be surveyed into blocks and lots and disposed of under such regulations as he may prescribe, in accordance with section twenty-three hundred and eighty-one of the United States Revised Statutes. The net proceeds derived from the sale of such lands shall be credited to the Indians as hereinafter provided.

[blocks in formation]

An Act To authorize the survey and allotment of lands embraced within the limits of the Fort Berthold Indian Reservation, in the State of North Dakota, and the sale and disposition of a portion of the surplus lands after allotment, and making appropriation and provision to carry the same into effect.

SEC. 6. That before any of the land is disposed of, as before school se hereinafter provided, and before the State of North lections by North Dakota shall be permitted to select or locate any lands to which it may be entitled by reason of the loss of sections sixteen and thirty-six, or any portions thereof, by reason of allotment thereof to any Indian or Indians, the Secretary of the Interior is authorized to set aside and re

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