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Status of prior
discovery, occupation, and purchase under the mining
Rights of bona metalliferous minerals: Provided, That the rights of any claimants. person who, at the date of any order of withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue claims. in diligent prosecution of said work: Provided further, That this Act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June twenty- etc., not affected
, fifth, nineteen hundred and ten: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this Act all lands which are, on the date of such withdrawal,, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was est reserves made: And provided further, That hereafter no forest stricted. reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress."
Creation of for
Approved, August 24, 1912 (37 Stat. 497).
An Act To authorize the President to provide a method for opening
lands restored from reservation or withdrawal, and for other purposes.
Be it enacted by the Senate and House of Representa- Method authiortives of the United States of America in Congress assem-ized for opening bled, That hereafter when public lands are excluded lands restored from national forests or released from withdrawals the President may, whenever in his judgment it is proper or necessary, provide for the opening of the lands by settlement in advance of entry, by drawing, or by such other method as he may deem advisable in the interest of equal opportunity and good administration, and in doing so may provide that lands so opened shall be subject only to homestead entry by actual settlers only or to entry under the desert-land laws for a period 'not exceeding ninety days, the unentered lands to be thereafter subject to disposition under the public-land laws applicable thereto.
Extended to previous restora. tions.
SEC. 2. That where under the law the Secretary of the Interior is authorized or directed to make restoration of lands previously withdrawn he may also restrict the restoration as prescribed in section one of this Act.
Approved, September 30, 1913 (38 Stat. 113).
Sales at aue
An Act To provide for the disposition of certain public lands with
drawn and improved under the provisions of the Act of Congress approved June 25, 1910 (Thirty-sixth Statutes at Large, page 847), as amended by the Act of August 24, 1912 (Thirty-seventh Statutes at Large, page 497), and which are no longer needed.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemPublic lands. withdrawn bled, That whenever in the opinion of the Secretary of lands, no longer the Interior any lands which have been withdrawn under lamation Service the provisions of the Act of Congress approved June 25, purposes to be 1910 (Thirty-sixth Statutes at Large, page 847), as Vol. 36, p. 847. amended by the Act of Congress approved August 24, Vol. 37, p. 497.
1912 (Thirty-seventh Statutes at Large, page 497), for the purpose of exploratory drilling to discover water supplies for irrigation or other purposes, and which have had wells or other permanent improvements placed thereon by and at the expense of the United States, are no longer needed for the purpose for which they were withdrawn and improved, the Secretary of the Interior
may appraise the lands, together with the improvements tion.
aue-thereon, and thereafter sell the same to a citizen of the
United States for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land.
Sec. 2. That upon payment of the purchase price the Secretary of the Interior is authorized by appropriate patent to convey all the right, title, and interest in and to said lands to the purchaser at said sale, subject, how.
ever, to such reservations, limitations, or conditions as Provisos. said Secretary may deem proper: Provided, That not Area limited.
over one hundred and sixty acres shall be sold to any one
, deposits reserved. person: Provided further, That any patent issued here
under shall contain a reservation to the United States
of all oil, gas, coal, and other mineral. Disposal of re. Sec. 3. That the moneys derived from the sale of such ceipts.
lands and improvements be disposed of as are other receipts from the sale and disposal of public lands.
Approved, January 26, 1921 (41 Stat. 1089).
Patent to is. sue.
FEES AND COMMISSIONS.
In Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming the following fees and commissions are allowed by law to registers and receivers :
Declaratory statements: Preemption declaratory statement.
$3.00 Soldiers' and sailors' homestead declaratory statement.
3. 00 Coal land declaratory statement
3. 00 Reservoir declaratory statement (act of January 13, 1897)
3. 00 Mineral and coal applications and adverse claims : For filing and acting upon each application for a patent-
$10.00 For filing and acting upon each adverse claim.
10.00 T'imber and stone applications: For filing and acting upon each application to purchase timber and stone lands--
$10.00 Homestead applications : For 160 acres, at $1.25 per acre: Fee
$16.00 For 80 acres, at $1.25 per acre: Fee
5. 00 Commissions
8. 00 l'or 40 acres, at $1.25 per acre: Fee---
5. 00 Commissions
6.50 For 160 acres, at $2.50 per acre: Fee---
10. 00 Commissions
22.00 For 80 acres, at $2.50 per acre: Feed
5. 00 Commissions
11.00 For 40 acres, at $2.50 per acre: Fee__
5. 00 Commissions
8. 00 Final homestead commissions : For 160 acres, at $1.25 per acre.
$6.00 For 80 acres, at $1.25 per acre.
3. 00 For 40 acres, at $1.25 per acre
1. 50 For 160 acres, at $2.50 per acre.
12.00 For 80 acres, at $2.50 per acre
6. 00 For 40 acres, at $2.50 per acre
3. 00 NOTE.—The commissions must be tendered with the homestead proof, together with testimony fees at 221 cents per 100 words. The commissions are not earned unless the proof is approved.
Donation claims :
$5.00 For each final certificate for 320 acres_
10.00 For each final certificate for 640 acres.
15.00 NOTE.—The moneys are earned irrespective of the action taken.
Military bounty land warrants and Porterfield warrants : For locating a 160-acre warrant
$4.00 For locating a 120-acre warrant.
3. 00 For locating a 80-acre warrant.
2. 00 For locating a 60-acre warrant.
1. 50 For locating a 40-acre warrant..
1. 00 No fees are chargeable on warrants issued prior to February 11, 1847.
Revolutionary bounty-land scrip is received and accounted for as cash, and no fee is chargeable to parties presenting such scrip.
Sales of public lands:
The commissions of registers and receivers on cash sales of the public lands are paid by the United States, and no fees or commissions on such sales are chargeable to the purchasers, except in cases of homestead entries on ceded Indian reservations affected by the act of May 17, 1900 (31 Stat. 179), and commuted under the provisions of the act of January 26, 1901 (31 Stat 740), in which cases the entryman is required to pay a commission of 2 per cent on the cash price of the land (31 L. D. 106). In cases of timber sales in Alaska the Comptroller of the Treasury has held that the sale of timber is a sale of land and that the register and receiver are entitled to 14 per cent each commissions on sales of such timber.
For each final location of 160 acres (or fraction thereof) under any grant of Congress to States (except for agricultural colleges) ----------$2.00
No fees are chargeable on State swamp-land selections, but a fee of $2 is to be collected on each location of 160 acres, or fraction thereof, made with swampland indemnity certificates.
Railroad selections : For each final location of 160 acres (or fraction thereof) by railroad or other corporations
$2.00 Agricultural-college scrip: For each piece of agricultural-college scrip located -
$4.00 Private-land scrip, Valentine scrip: For each piece of scrip filed on unsurveyed lands--
$1.00 For each location of scrip---
1. 00 Supreme Court scrip:
No fees or commissions are allowed on the location of Supreme Court scrip, nor on the location of Indian scrip or other private-land scrip, except as specifically provided for by law or instructions.
Reducing testimony to writing:
Fees for reducing testimony to writing are allowed at the rate of 221 cents for each 100 words, in the following cases :
(1) Making final proof in preemption cases when the writing is done in the local land office.
(2) Making final proof in commuted and noncommuted homestead and timber culture cases, irrespective of the fact whether or not the writing is done in the local land office, as the fees are allowed for "examining and approving the proof."
(3) In establishing claims to mineral lands. However, at present there is no proof in mineral lands which would be reduced to writing in the local land office and entitling the collection of testimony fees.
(4) In establishing claims to timber and stone lands.
(6) In making final proof on desert-land claims, when the testimony is reduced to writing in the local land offices.
Transcripts from records:
Registers and receivers are entitled to charge at the rate of 10 cents per 100 words for making transcripts of their records for individuals.
Plats and diagrams:
Under the second section of the act of March 3, 1883, authorizing a charge to be made for plats, diagrams, etc., the fees for the same are hereby fixed as follows: For a diagram showing entries only.
$1.00 For a township plat showing entries, names of claimants, and character of entry
2. 00 For a township plat showing entries, names of claimants, character of entry, and number
3.00 For a township plat showing entries, names of claimants, character of entry, number and date of filing or entry, together with topography, etc. 4.00 Lists for taxation purposes:
For lists of lands sold, which are construed to mean lists of final certificates furnished State or territorial authorities for the purposes of taxation, 10 cents per entry.
Cancellation fees : For giving notices to contestants of the cancellation of any homestead, preemption, or timber-culture entry---
$1.00 In Alabama, Arkansas, Florida, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, and Wisconsin, the following fees and commissions are allowed by law to registers and receivers:
Declaratory statements : Preemption declaratory statement.-
$2.00 Soldiers and sailors' homestead declaratory statement.
2.00 Coal land declaratory statement--
2.00 Reservoir declaratory statement (act Jan, 13, 1897).
2. 00 Mineral applications and adverse claims : For filing and acting upon each application for a patent--
$10.00 For filing and acting upon each adverse claim...
10.00 Timber and stone applications: For filing and acting upon each application to purchase timber and stone lands.--
$10.00 Homestead applications: For 160 acres, at $1.25 per acre: Fee
14.00 For 80 acres, at $1.25 per acre: Fee
5. 00 Commissions..
7.00 For 40 acres, at $1.25 per acre: Fee
5. 00 Commissions
6. 00 For 160 acres, at $2.50 per acre: Fee
18.00 For 80 acres, at $2.50 per acre: Fee
9.00 For 40 acres, at $2.50 per acre: Fee
5. 00 Commissions.-