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Credit for actua

homestead, right

Forest Reserve.

to mining

ject laws.

kept posted in the office of the register of the land office for the land district in which such lands are situated for a like period; and further, that any agricultural lands

within forest reserves may, at the discretion of the SecreSurvey. tary, be surveyed by metes and bounds, and that no

lands entered under the provisions of this Act shall be

patented under the commutation provisions of the homeresidence a red stead laws, but settlers, upon final proof, shall have credit

for the period of their actual residence upon the lands

covered by their entries. Additional SEO. 2. That settlers upon lands chiefly valuable for of entry granted. agriculture within forest reserves on January first, nine

teen hundred and six, who have already exercised or lost their homestead privilege, but are otherwise competent to enter lands under the homestead laws, are hereby granted an additional homestead right of entry for the purposes of this act only, and such settlers must otherwise

comply with the provisions of the homestead law, and in Prico. addition thereto must pay two dollars and fifty cents per

acre for lands entered under the provisions of this section, such payment to be made at the time of making final

proof on such lands.

Pulls Sec. 3. That all entries under this act in the Black Entries in sub-Hills Forest Reserve shall be subject to the quartz or

lode mining laws of the United States, and the laws and regulations permitting the location, appropriation, and

use of the waters within the said forest reserves for mining, Limitation of irrigation, and other purposes; and no titles acquired to "Riparian rights agricultural lands in said Black Hills Forest Reserve reserved. under this act shall vest in the patentee any riparian

rights to any stream or streams of flowing water within said reserve; and that such limitation of title shall be expressed in the patents for the lands covered by such

entries. Entries in Law- SEC. 4. That no homestead settlements or entries shall nington Counties, be allowed in that portion of the Black Hills Forest

Dakota, Reserve in Lawrence and Pennington counties in South Exceptions. Dakota except to persons occupying lands therein prior

to January first, nineteen hundred and six, and the provisions of this act shall apply to the said counties in said reserve only so far as is necessary to give and perfect title of such settlers or occupants to lands chiefly valuable for agriculture therein occupied or claimed by them prior to the said date, and all homestead entries under this act in said counties in said reserve shall be described by metes and bounds survey.

SEC. 5. That nothing herein contained shall be held to Prior claims not

authorize any future settlement on any lands within forest reserves until such lands have been open to settlement as provided in this act, or to in any way impair the legal rights of any bona fide homestead settler who has or shall establish residence upon public lands prior to their inclusion within a forest reserve.

Approved, June 11, 1906 (34 Stat., 233).

title.

rence and Pen

prohibited.

Restriction.

affected.

An Act Excepting certain lands in Pennington County, South Dakota,

from the operation of the provisions of section four of an act approved June eleventh, nineteen hundred and six, entitled "An act to provide for the entry of agricultural lands within forest reserves.".

Be it enacted by the Senate and House of Representatives Black Hills Forof the United States of America in Congress assembled, Restrictions reThat the following described townships in the Black moved.on.cortain Hills Forest Reserve, in Pennington County, South ton County. Dakota, to wit: Townships one north, one east; two north, one east; one north, two east; two north, two east; one south, one east; two south, one east; one south, two east; and two south, two east, Black Hills meridian, are hereby excepted from the operation of the provisions of section four of an act entitled “An act to provide for the entry of agricultural lands within forest reserves," approved June eleventh, nineteen hundred and six. The lands within the said townships to remain subject to all other provisions of said act.

Approved, February 8, 1907 (34 Stat., 883).

California re

An Act To amend an act approved June eleventh, nineteen hundred

and six, entitled "An act to provide for the entry of agricultural lands within forest reserves.".

Be it enacted by the Senate and House of Representatives Forest Reserves. of the United States of America in Congress assembled, land within, to be

That an act entitled "An act to provide for the entry of mente - agricultural lands within forest reserves," approved June eleventh, nineteen hundred and six, be amended by striking out of section one the following words: “Except, Exceptions in the following counties in the State of California: Inyo, pealed. Tulare, Kern, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego."

Approved, May 30, 1908 (35 Stat., 554).
An Act Excepting certain lands in Lawrence and Pennington Counties,

South Dakota, from the operation of the provisions of section four of
an act approved June eleventh, nineteen hundred and six, entitled
“An act to provide for the entry of agricultural lands within forest
reserves.”

Be it enacted by the Senate and House of Representatives Black Hills For of the United States of America in Congress assembled, Dak.

U:u. Restrictions on That the following-described townships in the Black Hills sett Forest Reserve, South Dakota, to wit: Township three in, removed from north, one east, and so much of townships two north, one Lawrence and east, and two north, two east, as are within Lawrence Counties. County, and township one north, three east, in Pennington County, Black Hills meridian, are hereby excepted from the operation of the provisions of section four of an act entitled “An act to provide for the entry of agricultural lands within forest reserves," approved June eleventh, nineteen hundred and six. The lands within the said townships to remain subject to all other provisions of said

settlement with

Pennington

act.

Approved, July 3, 1912 (37 Stat., 188).

61002°–S. Dọc. 547, 64–1 7

forests.

ance.

An Act Providing for the validation of certain homestead entries. Homestead en- Be it enacted by the Senate and House of Representatives tries in national

of the United States of America in Congress assembled, That all homestead entriés which have been canceled or relinquished, or are invalid solely because of the erroneous

allowance of such entries after the withdrawal of lands for Reinstatemént national forest purposes, may be reinstated or allowed to if canceled for erroneous allow- remain intact, but in the case of entries heretofore can

celed applications for reinstatement must be filed in the proper local land office prior to July first, nineteen hun

dred and twelve. Rights of con- SEC. 2. That in all cases where contests were initiated

under the provisions of the act of May fourteenth, eighteen hundred and eighty, prior to the withdrawal of the land for national forest purposes, the qualified successful contestants may exercise their preference right to enter the land within six months after the passage of this act.

Approved, March 3, 1911 (36 Stat., 1084).

testants.

THE KINKAID ACT.
Section seven of the act of Congress, approved May 29,
1908 (35 Stat., 465), amended section two of the act of
April 28, 1904 (33 Stat., 547), commonly known as the
Kinkaid Act. The act now reads as follows:

Nebraska.

An Act To amend the homestead laws as to certain unappropriated and

unreserved lands in Nebraska.

tries for 640 acres

tain arid lands.

Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, Homestead en- That from and after sixty days after the approval of this allowed on cer- act entries made under the homestead laws in the State of

Nebraska west and north of the following line, to wit: Location. Beginning at a point on the boundary line between the

States of South Dakota and Nebraska where the first guide meridian west of the sixth principal meridian strikes said boundary; thence running south along said guide meridian to its intersection with the fourth standard parallel north of the base line between the States of Nebraska and Kansas; thence west along said fourth standard parallel to its intersection with the second guide meridian west of the sixth principal meridian; thence south along said guide meridian to its intersection with the third standard parallel north of the said base line; thence west along said third standard parallel to its intersection with the range line between ranges twenty-five and twenty-six west of the sixth principal meridian; thence south along said line to its intersection with the second standard parallel north of the said base line; thence west on said standard parallel to its intersection with the range line between ranges thirty and thirty-one west; thence south along said line to its intersection with the boundary line between the States of Nebraska and Kanşas, shall not exceed in area six hundred and forty acres, and shall be as nearly compact in form as possible, and in no event over two miles in extreme length: Provided, Irrigable lands That there shall be excluded from the provisions of this

of this excluded. act such lands within the territory herein described as in the opinion of the Secretary of the Interior it may be reasonably practicable to irrigate under the national irrigation law, or by private enterprise; and that said Secretary shall, prior to the date above mentioned,

Designation of designate and exclude from entry under this act the lands, exclusion. particularly along the North Platte River, which in his opinion it may be possible to irrigate as aforesaid; and shall thereafter, from time to time, open to entry under this act any of the lands so excluded, which, upon further investigation, he may conclude can not be practically irrigated in the manner aforesaid. SEC. 2. That entrymen under the homestead laws of Entries by pres

ent homesteaders. the United States within the territory above described who own and occupy the lands heretofore entered by them may, under the provisions of this act and subject to its conditions, enter other lands contiguous to their said homestead entry, which shall not, with the land so already entered, owned, and occupied, exceed in the aggregate six hundred and forty acres; and residence continued and improvements made upon the original homestead, subsequent to the making of the additional entry, shall be accepted as equivalent to actual residence and improvements made upon the additional land so entered, but final entry shall not be allowed of such additional land until five years after first entering the same, except in favor of entrymen entitled to credit for military service.

Sec. 3. That the fees and commissions on all entries Fees. under this act shall be uniformly the same as those charged under the present law for a maximum entry at the minimum price. That the commutation provisions of the commutation homestead law shall not apply to entries under this act, and at the time of making final proof the entryman must prove affirmatively that he has placed upon the lands entered permanent improvements of the value of not less than $1.25 per acre for each acre included in his entry: Provided, That a former homestead entry shall not be a tradd bar to the entry under the provisions of this act of a tract

not allowed.

Additional on.

640 acres: Provided, That any former homestead entry- Time limit. man who shall be entitled to an additional entry under section 2 of this act shall have for ninety days after the passage of this act the preferential right to make additional entry as provided in said section.

An Act Relating to the entry and disposition of certain lands in the

State of Nebraska. Be it enacted by the Senate and House of Representatives Nebraska arid of the United States of America in Congress assembled, That all qualified entrymen who, during the period beginning on the twenty-eighth day of April, nineteen hundred

lands.

en tries,

ed.

and four, and ending on the twenty-eighth day of June, nineteen hundred and four, made homestead entry in the State of Nebraska within the area affected by an act entitled “An act to amend the homestead laws as to certain unappropriated and unreserved public lands in Nebras

ka," approved April twenty-eighth, nineteen hundred and Benefits corter four, shall be entitled to all the benefits of said act as if

their entries had been made prior or subsequent to the

above-mentioned dates, subject to all existing rights. Military serv- SEC. 2. That the benefits of military service in the ice, credit allow

Army or Navy of the United States granted under the homestead laws shall apply to entries made under the

aforesaid act, approved April twenty-eighth, nineteen · hundred and four, and all homestead entries hereafter made within the territory described in the aforesaid act

shall be subject to all the provisions hereof. Isolated tracts SEC. 3. That within the territory described in said act, to be sold.

approved April twenty-eighth, nineteen hundred and four, it shall be lawful for the Secretary of the Interior to order into market and sell under the provisions of the laws providing for the sale of isolated or disconnected tracts or parcels of land any isolated or disconnected tract not exceeding three quarter sections in area: Provided, That not more than three quarter sections shall be sold to any one person.

Approved, March 2, 1907 (34 Stat., 1224).

Limit.

braska Brid lands.

An Act For the relief of certain homesteaders in Nebraska. Determination Be it enacted by the Senate and House of Representatives of qualification of entrymen – Ne- of the United States of America in Congress assembled, That

as. the qualifications of a former homestead entryman who has heretofore been permitted to make an additional or another entry under the act entitled “An act to amend the homestead laws as to certain unappropriated and unreserved public lands in Nebraska,” approved April twentyeighth, nineteen hundred and four, shall be determined by the qualifications, except as to citizenship, possessed on the date of his first entry in all cases where the rights of third persons shall not have intervened and the additional or second entry has not been canceled.

Approved, August 24, 1912 (37 Stat., 499).

MARRIED WOMEN.

An Act To amend the act of Congress approved May fourteenth, eighteen

hundred and eighty, entitled "An act for the relief of settlers on the publi; lands."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third section of the act of Congress approved May fourteenth, eighteen hundred and eighty, entitled “An act for the relief of settlers on the public lands,” be amended by adding thereto the following:

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