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LIEU SELECTIONS. See “Railroad Grants and Selections” and “State Grants Pago. and Selections”..

...... 216, 316 Forest lieu selections.-Act of June 4, 1897 (30 Stat., 36)-Selec

tions in lieu of lands within forest reserves....., Act of June 6, 1900 (31 Stat., 614)-Selections confined to vacant

surveyed, nonmineral lands...... Act of March 3, 1905 (33 Stat., 1264)—Repeals act of June 4, 1897, with certain exceptions........

162 Indian lands.-Act of April 21, 1904 (33 Stat., 211)-Selections

in lieu of private lands over which an Indian reservation has been extended by Executive order.......

163 Railroad selections, general.-Act of June 22, 1874 (18 Stat.,

194)—Entries on railroad lands may be completed and company select lieu lands.........

163 Act of August 29, 1890 (26 Stat., 369)—Act of June 22, 1874, extended to settlers having unrecorded entries.

164 Act of July 1, 1902 (32 Stat., 733)—Same privileges to settlers on lands granted to wagon roads.....

164 Act of March 4, 1913 (37 Stat., 1007)—Indians having for five

years occupied railroad lands in Arizona, New Mexico, or

California .............
Atlantic and Pacific railroad lands.-Act of April 28, 1904 (33

Stat., 556)-Settlers having for 25 years occupied railroad
lands in New Mexico........

........... 165 Northern Pacific railroad lands.-Act of October 1, 1890 (26 Stat., ,647)—Settlers on second indemnity, belt may select other lands ........

166 Act of June 3, 1896 (29 Stat., 245)-Entryman on second indemnity lands in Minnesota-Chippewa lands.....

167 Act of July 1, 1898 (30 Stat., 620)-Settlers on railroad landsLieu lands by railroad-Lieu lands by settlers.

168 Act of March 2, 1899 (30 Stat., 994)-Selections in lieu of lands in

Mount Ranier National Park ..... Act of March 2, 1901 (31 Stat., 950)-Act of July 1, 1898, extended............

171 Act of May 17, 1906 (34 Stat., 197)—Same....

171 State selections.-Revised Statutes--Secs. 2275–2276—Settlements before survey on sections 16 and 36-Lieu lands

Deficiencies in school sections and fractional townships ......
Act of April 30, 1912 (37 Stat., 105)-Surface of coal lands to

State......
Act of March 3, 1893 (27 Stat., 592)—Preference right to certain
States.........

175
Act of August 18, 1894 (28 Stat., 394) Survey of lands and prefer-
ence right to certain States.......

175 Act of March 2, 1895 (28 Stat., 899)-Selections of school lands

on Indian reservations opened.

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FOREST LIEU SELECTIONS.

Selection ot land in lieu of re

Extract from the sundry civil appropriation act, approved June 4, 1897

(30 Stat., 36). That in cases in which a tract covered by an unperfected bona fide claim or by a patent is included within the lingu i sh e d limits of a public forest reservation, the settler or owner reserve. thereof may, if he desires to do so, relinquish the tract

61002°—S, Doc. 547, 64-1- 11

claimin

forest

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to the Government, and may select in lieu thereof a tract of vacant land open to settlement not exceeding in area the tract covered by his claim or patent; and no charge shall be made in such cases for making the entry of record or issuing the patent to cover the tract selected: Provided further, That in cases of unperfected claims the requirements of the law respecting settlement, residence, improvements, and so forth, are complied with on the new claims, credit being allowed for the time spent on the relinquished claims.

Extract from the sundry civil appropriation act, approved June 6, 1900

(31 Stat., 614),

Selections in That all selections of land made in lieu of a tract covered lieu of tract. covered by un- by an unperfected bona fide claim, or by a patent, inperfected claim.

o cluded within a public forest reservation, as provided in

the act of June fourth, eighteen hundred and ninetyConfined to seven * * * shall be confined to vacant surveyed and vacant surveyed nonmineral lands. nonmineral public lands which are subject to homestead

entry not exceeding in area the tract covered by such claim or patent: Provided, That nothing herein contained shall be construed to affect the rights of those who, previous to October first, nineteen hundred, shall have delivered to the United States deeds for lands within forest reservations and make application for specific tracts of lands in lieu thereof.

fected claims re

pealed.

An Act Prohibiting the selection of timber lands in lieu of lands in

forest reserves. Permission to Be it enacted by the Senate and House of Representatives select lands in lieu of unper- of the United States of America in Congress assembled, That

the Acts of June fourth, eighteen hundred and ninetyseven, June sixth, nineteen hundred, and March third, nineteen hundred and one, are hereby repealed so far as they provide for the relinquishment, selection, and patenting of lands in lieu of tracts covered by an unperfected bona fide claim or patent within a forest reserve, but the validity of contracts entered into by the Secretary of the Interior prior to the passage of this Act shall not be impaired: Provided, That selections heretofore made in lieu of lands relinquished to the United States may be perfected and patents issue therefor the same as though this Act had not been passed, and if for any reason not the fault of the party making the same any pending selection is held invalid another selection for a like quantity of land may be made in lieu thereof."

Approved, March 3, 1905 (33 Stat., 1264).

SELECTIONS IN LIEU OF LANDS OVER WHICH AN

INDIAN RUSERVATION HAS BEEN EXTENDED BY
EXECUTIVL ORDLR.

Extract from the Indian appropriation act, approved April 21, 1904 (33

. Stat., 211).

private lands.

That any private land over which an Indian reservation Exchange of has been extended by Executive order, may be exchanged at the discretion of the Secretary of the Interior and at the expense of the owner thereof and under such rules and regulations as may be prescribed by the Secretary of the Interior, for vacant nonmineral, nontimbered, surveyed public lands of equal area and value and situate in the same State or Territory.

RAILROAD SELECTIONS-GENERAL.

railroad land

An Act For the relief of settlers on railroad lands. Be it enacted by the Senate and House of Representatives Adjustment of of the United States of America in Congress assembled, That grants. in the adjustment of all railroad land grants, whether made directly to any railroad company or to any State for railroad purposes, if any of the lands granted be found in the possession of an actual settler whose entry or filing has been allowed under the preemption or homestead laws of the United States subsequent to the time at which, by the decision of the land office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the land so entered or filed for, shall be entitled to select an equal quantity of other lands in lieu thereof from any of the public lands Lieu lands. not mineral and within the limits of the grant not otherwise appropriated at the date of selection, to which they shall receive title the same as though originally granted. And any such entries or filings thus relieved from conflict Settlers,.m a y may be perfected into complete title as if such lands had not been granted: Provided, That nothing herein con- . Grants not entained shall in any manner be so construed as to enlarge tended to roor extend any grant to any such railroad or to extend to se lands reserved in any land grant made for railroad purposes: And provided further, That this act shall not be a Act not to conconstrued so as in any manner to confirm or legalize any or ruling of the decision or ruling of the Interior Department under which ment. lands have been certified to any railroad company when such lands have been entered by a preemption or homestead settler after the location of the line of the road and prior to the notice to the local land office of the withdrawal of such lạnds from market.

Approved, June 22, 1874 (18 Stat., 194).

perfect title.

served lands.

Interior Depart

An Act To amend an act entitled “An act for the relief of settlers on

railroad lands," approved June twenty-second, eighteen hundred

and seventy-four. Certain settlers Be it enacted by the Senate and House of Representatives with unrecorded entries on railroad of the United States of America in Congress assembled, That lands.

the privileges granted by the aforesaid act approved June twenty-second, eighteen hundred and seventy-four, are hereby extended (subject to the provisos, limitations, and restrictions thereof) to all persons entitled to the right of homestead or preemption under the laws of the United States, who have resided upon and improved for five years lands granted to any railroad company but whose entries or filings have not for any cause been admitted to record.

Approved, August 29, 1890 (26 Stat., 369).

road grants.

An Act For the relief of settlers on lands granted in aid of the con

struction of wagon roads. Relief of sot- Be it enacted by the Senate and House of Representatives tlers on wagon

of the United States of America in Congress assembled, That
the provision of the act of June twenty-second, eighteen
hundred and seventy-four, entitled “An act for the relief
of settlers on railroad lands,” and all acts amendatory
thereof or supplementary thereto, including the act ap-
proved March third, eighteen hundred and eighty-seven,
entitled “An act to provide for the adjustment of land
grants made by Congress to aid in the construction of
railroads and for the forfeiture of unearned lands, and for
other purposes,” as modified or supplemented by the act
approved March second, eighteen hundred and ninety-six,
entitled “An act to provide for the extension of the time
within which suits may be brought to vacate and annul
land patents, and for other purposes,” shall apply to
grants of land in aid of the construction of wagon roads.

Approved, July 1, 1902 (32 Stat., 733).
An Act For the relief of Indians occupying railroad lands in Arizona,

New Mexico, or California. Relinquish Be it enacted by the Senate and House of Representatives ment to Indian occupants of of the United States of America in Congress assembled, That

rigo the Secretary of the Interior be, and he is hereby, authorna, New Mexico, ized in his discretion to request of the present claimant

under any railroad land grant a relinquishment or reconveyance of any lands situated within the States of Arizona, New Mexico, or California passing under the grant which are shown to have been occupied for five years or more by an Indian entitled to receive the tract in allotment under existing law but for the grant to the railroad company, and upon the execution and filing of such relinquishment or reconveyance the lands shall thereupon become available for allotment, and the company relinquishing or reconveying shall be entitled to select within a periðd of three years after the approval of this act and

lands in railroad grants in Arizo

and California.

have patented to it other vacant nonmineral, nontimbered, surveyed public lands of equal area and value situated in the same State, as may be agreed upon by the Secretary of the Interior, provided that the total area of Total area. land that may be exchanged under the provisions of this act shall not exceed three thousand acres in Arizona, sixteen thousand acres in New Mexico, and five thousand acres in California. Approved, March 4, 1913 (37 Stat., 1007). ATLANTIC AND PACIFIC RAILROAD LANDS.

An Act For the relief of small-holding settlers within the limits of the

grant of land to the Atlantic and Pacific Railroad Company in the Territory of New Mexico.

Be it enacted by the Senate and House of Representatives Atlantic & Pa

cific Railroad Co. of the United States of America in Congress assembled, may. relinquish "That the Atlantic and Pacific Railroad Company, its New Mexico.

certain lands in successors in interest and its or their assigns, may, when requested by the Secretary of the Interior so to do, relinquish or deed, as may be proper, to the United States any section or sections of its or their lands in the Territory of New Mexico the title to which was derived by said railroad company through the act of Congress of July twenty-seventh, eighteen hundred and sixty-six, in aid of the construction of said railroad, any portion of which section is and has been occupied by any settler Lands occupied

by settlers. or settlers as a home or homestead by themselves or their predecessors in interest for a period of not less than twenty-five years next before the passage of this act, and shall then be entitled to select in lieu thereof, and Vacant public

« lands in lieu of to have patented other sections of vacant public land of equal quality in said Territory, as may be agreed upon with the Secretary of the Interior.

“SEC. 2. That the Secretary of the Interior shall, as Survey of holdsoon as may be after the passage of this act, cause inquiry to be made of all lands so held by settlers, and shall cause the holdings of such settlers to be surveyed, and on receiving such relinquishments or deeds shall at once, without cost to the settlers, cause patents to issue Patent to setto each such settler for his or her holdings: Provided, That not to exceed one hundred and sixty acres shall be pat- Maximum acreented to any one person, and such recipient must possess the qualifications necessary to entitle him or her to enter such land under the homestead laws.

"SEC. 3. That any fractions of any such sections of Remaining land remaining after the issuance of patents to the set- entry. lers as aforesaid shall be subject to entry by citizens the same as other public lands of the United States.”

Approved, April 28, 1904 (33 Stat., 556).

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