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ACTS OF CONGRESS PASSED SUBSEQUENT TO THE
An Act To withdraw certain public lands from private entry, and for
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemWithdrawal bled, That from and after the passage of this Act no from private en try.
public lands of the United States, except those in the 'Missouri ex. State of Missouri, shall be subject to private entry. cepted,
Approved, March 2, 1889 (25 Stat. 854).
An Act To provide for the location and satisfaction of outstanding
military bounty-land warrants and certificates of location under section three of the act approved June second, eighteen hundred and fifty-eight.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemBounty-land
bled, That in addition to the benefits now given thereto warrants and indemnity certif- by law, all unsatisfied military bounty-land warrants for certain land under any Act of Congress, and unsatisfied indemnity cerentries. tificates of location under the Act of Congress approved
June second, eighteen hundred and fifty-eight, whether heretofore or hereafter issued, shall be receivable at the rate of one dollar and twenty-five cents per acre in payment or part payment for any lands entered under the desert-land law of March third, eighteen hundred and seventy-seven, entitled "An Act to provide for the sale of desert lands in certain States and Territories," and the amendments thereto; the timber-culture law of March third, eighteen hundred and seventy-three, entitled "An Act to encourage the growth of timber on the western prairies," and the amendments thereto; the timber and stone law of June third, eighteen hundred and seventyeight, entitled "An Act for the sale of timber lands in the States of California, Oregon, Nebraska, and Washington Territory," and the amendments thereto; or for
lands which may be sold at public auction, except such Indian la nds lands as shall have been purchased from any Indian tribe excluded.
within ten years last past.
Approved, December 13, 1894 (28 Stat. 594).
An Act authorizing a resurvey of certain townships in the State of
Wyoming, and for other purposes.
Military land SEC. 12. That all patents heretofore issued on applicawarrants, etc., patents declared tions made for title to public lands between June fifth, valid,
nineteen hundred and one, and June twentieth, nineteen hundred and seven, with either military bounty land warrants, agricultural college land scrip, or surveyor gen
eral's certificates, be, and the same are hereby, declared valid; and that all such locations, where the applications to locate were made between June fifth, nineteen hundred and one, and June twentieth, nineteen hundred and seven, with either military bounty land warrants, agricultural college land scrip, or surveyor general's certificates, and tions legalized. upon which patents have not been issued, but which may hereafter be approved for patent by the department under the ruling in the case of Roy McDonald, December twenty-first, nineteen hundred and seven, are hereby declared legal, and the Commissioner of the General Land Office is hereby authorized and directed to issue patents on all such locations which may be approved by him for patent as above provided : Provided, That they are otherwise in accordance with the rules and regulations in such cases made and provided.
Approved, May 29, 1908 (35 Stat. 465–468).
VOTE.-It will be observed that section 2415 provides for the location of military bounty-land warrants on lands subject to private entry. The act of March 2, 1889, provides that no lands shall be subject to private entry except those in the State of Missouri. It, therefore, follows that such warrants can be located only in Missouri, but there is practically no public land left in that State. They may be used, however, at $1.25 per acre as provided for by the Act of December 13, 1894, and also in the commutation of homestead entries.
71 72 72 73
For the selection, under the Carey Act, of lands containing coal, oil,
phosphate, etc., see these subjects under “Homesteads ". For selections embraced in withdrawn areas, see “ Withdrawal of lands" Act of August 18, 1894—Grant of 1,000,000 acres of desert land to States
irrigating within 10 years—Plan of irrigation to be filed--Issue of pat
ents for lands reclaimed-Limit of 160 acres to one person. Act of June 11, 1896—State authorized to create lien on land for cost of
reclamation, but United States not liable.. Act of March 3, 1901—Time limit of 10 years to begin to run from date
of approval of application-May be extended 5 years_-
tion, Colo., on payment of $1.25 per acre---
Colo., on payment of $1.25 per acre.-
which State proposes to make application..
Utah, and to the former Shoshone or Wind River Indian Reservation,
Wyo., on payment of $1.25 per acre.
75 76 76 76 77
Extract from the sundry civil appropriation Act, approved August 18,
1894 (28 Stat. 372-422).
SEC. 4. That to aid the public-land States' in the reclamation of the desert lands therein, and the settlement, cultivation, and sale thereof in small tracts to actual settlers, the Secretary of the Interior, with the approval of the President, be, and hereby is, authorized and em
powered, upon proper application of the State, to conStates irrigating. Grantsito tract and agree, from time to time, with each of the
States in which there may be situated desert lands as defined by the Act entitled “ An Act to provide for the sale of desert land in certain States and Territories," approved March third, eighteen hundred and seventyseven, and the act amendatory thereof, approved March third, eighteen hundred and ninety-one, binding the United States to donate, grant, and patent to the State, free of cost for survey or price, such desert lands, not exceeding one million acres in each State, as the State may
1 Extended to the Territories of New Mexico and Arizona by the act of Feb. 18, 1909.
cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty acre tract cultivated by actual settlers, within ten years next after the passage of this act, as thoroughly as is required of citizens who may enter under the said desert-land law.
Before the application of any State is allowed or any Plantil pran contract or agreement is executed or any segregation of be filed. any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated which shall exhibit a plan showing the mode of the contemplated irrigation and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the source of the water to be used for irrigation and reclamation, and the Secretary of the Interior may make necessary regulations Regulations. for the reservation of the lands applied for by the States to date from the date of the filing of the map and plan of irrigation, but such reservation shall be of no force whatever if such map and plan of irrigation shall not be approved. That any State contracting under this section is hereby authorized to make all necessary contracts to cause the said lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but the State shall not be authorized to lease any of said lands or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation, and settlement.
As fast as any State may furnish satisfactory proof, Issue of patente according to such rules and regulations as may be pre- claimed. scribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed, and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled : Provided, That said States shall not sell or dispose of more than one hundred and sixty acres of said lands to any one person, and any surplus of money derived by any State from the person. sale of said lands in excess of the cost of their reclamation, shall be held as a trust fund for and be applied to the reclamation of other desert lands in such State. That to enable the Secretary of the Interior to examine any of the lands that may be selected under the provisions of this section, there is hereby appropriated, out of any moneys in the Treasury, not otherwise appropriated, $1,000. Extract from the sundry civil appropriation Act, approved June 11,
1896 (29 Stat. 413-434). That under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in
2 For water contracts with the Reclamation Service, see the act of Feb. 21, 1911, under “ Reclamation lands."
pursuance and acceptance of the terms of the grant made in section four of an Act entitled "An Act making appropriations for the sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen
hundred and ninety-five," approved August eighteenth, Lien for ex- eighteen hundred and ninety-four, a lien or liens is hereby penses of reclaim. authorized to be created by the State to which such lands
are granted, and by no other authority whatever, and when created shall be valid on and against the separate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclamation and reasonable interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample supply of water is actually furnished in a substantial ditch or canal,
or by artesian wells or reservoirs, to reclaim a particular Patents to tract or tracts of such lands, then patents shall issue for
the same to such State without regard to settlement or cultivation: Provided, That in no event, in no contin. gency, and under no circumstances shall the United States be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part.
United States not liable.
Extract from the sundry civil appropriation Act, approved March 3,
1901 (31 Stat. 1133–1188). Sec. 3. That section four of the Act of August eighteenth, eighteen hundred and ninety-four, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes," is hereby amended so that the ten years' period within which any State shall cause the lands applied for under said Act to be irrigated and reclaimed, as provided in said section as amended by the Act of June eleventh,
eighteen hundred and ninety-six, shall begin to run from for recla. the date of approval by the Secretary of the Interior of mation, etc.op by the State's application for the segregation of such lands; begins to
and if the State fails within said ten years to cause the elaim, etc. a failure to re whole or any part of the lands so segregated to be so
irrigated and reclaimed, the Secretary of the Interior
in his discretion, continue said segregation for a Restoration to
may, public domain. period of not exceeding five years, or may, in his discre
tion, restore such lands to the public domain.
An Act To amend section 3 of an Act entitled "An Act making
appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1902, and for other purposes," approved March 3, 1901 (Thirty-first Statutes at Large, page 1133).
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemCarey Act seg, bled, That section 3 of the Act of Congress approved regations.
Vol. 31, p. 1188, amended.
a See the act of Jan. 6, 1921, following.