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lands so selected. In case the tract so selected shall at Description in

° selection list of the time of selection be unsurveyed, the list filed by the unsurveyed land. company at the local land office shall describe such tract in such manner as to designate the same with a reasonable degree of certainty; and within the period of three months after the lands including such tract shall have been surveyed and the plats thereof filed by said local land office, a new selection list shall be filed by said company, describing such tract according to such survey; and in case such tract, as originally selected and described in the list filed in the local land office, shall not precisely conform with the lines of the official survey, the said company shall be permitted to describe such tract anew, so as to secure such conformity.

laws extended to

SEC. 5. That the mineral-land laws of the United Mineral-land States are hereby extended to the lands lying within park. said reserve and said park.

Approved, March 2, 1899 (30 Stat., 994).

within the in. demnity limits of

An Act For the relief of settlers under the public-land laws to lands within the indemnity limits of the grant to the Northern Pacific Railroad Company.

Be it enacted by the Senate and House of Representatives Plan for of the United States of America in Congress assembled, within the in That the provisions of the act of July first, eighteen hun- the grant extend dred and ninety-eight, appearing in Thirtieth Statutes at ed. Large, at pages six hundred and twenty, six hundred and twenty-one, and six hundred and twenty-two, providing a plan for the adjustment by the Land Department of conflicting claims to lands within the limits of the grant to the Northern Pacific Railroad Company, are hereby extended and made applicable to all instances where lands in odd-numbered sections within the indemnity limits of the grant to said company were patented to settlers under the public-land laws in pursuance of applications presented to or proceedings initiated in, the local land office at a time when the land was embraced in a pending indemnity selection made by said company in conformity with the regulationsof the Land Department, which indemnity selection has not since been waived or abandoned.

Approved, March 2, 1901 (31 Stat., 950).

hereby extender Northern Pacific Rs within the limitant

An Act For the relief of certain entrymen and settlers within the limits

of the Northern Pacific Railway land grant.

Pacific Railway.

Be it enacted by the Senate and House of Representatives Northern of the United States of America in Congress assembled, That the provisions of the act of July first, eighteen hundred and ninety-eight (Thirtieth Statutes, pages five hundred and ninety-seven and six hundred and twenty), which provided for the adjustment by the Land

granted to.

tended.

Department of conflicting claims to lands within the limits of the grant to the Northern Pacific Railroad

Company, and also the provisions of the act of March Relief of set: second, nineteen hundred and one, entitled “An act for

the relief of settlers under the public land laws to lands within the indemnity limits of the grant to the Northern

Pacific Railroad Company,” be, and they hereby are, Provisions ex- extended to include any bona fide settlement or entry

made subsequent to January first, eighteen hundred and ninety-eight, and prior to May thirty-first, nineteen hundred and five, in accordance with the erroneous decision of the Land Department respecting the withdrawal on general route of the Northern Pacific Railroad between Wallula, Washington, and Portland, Oregon, where the

same has not since been abandoned: Provided, That all Lieu land selec- lieu selections made under this act shall be confined to

lands within the State where the private holdings are

situated. Effect.

Sec. 2. That this act shall become effective upon an acceptance thereof by the Northern Pacific Railway Company being filed with the Secretary of the Interior. Approved, May 17, 1906 (34 Stat., 197).

STATE SELECTIONS.

tions.

fore survey on

deficiencies, thereof.

United States Revised Statutes. Settlements be- SEC. 2275. Where settlements, with a view to presection 16 or 36, emption, have been made before the survey of the lands

here in the field, which are found to have been made on ,,Feb. 26, 1859, on sections sixteen or - thirty-six, those sections shall 11 S., 385; June 2011 22,1874, 18's., 202. be subject to the preemption claim of such settler; and

if they, or either of them, have been or shall be reserved or pledged for the use of schools or colleges in the State

quantity are appropriated in lieu of such as may be patented by preemptors; and other lands are also appropriated to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever.

[Section 2275 was amended by act of February 28, 1891,

26 Stat., p. 796, to read as follows, viz: Settlements be- SEC. 2275. Where settlements, with a view to prefore survey, on sections 16 and 36, emption or homestead, have been or shall hereafter be subject to settlers' moda hafana tha

made before the survey of the lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections, or either of them, have been or shall be granted, reserved, or pledged for

the use of schools or colleges in the State or Territory in Lieu lands which they lie, other lands of equal acreage are hereby lands thus taken. appropriated and granted, and may be selected by said

claims.

when school

Where school lands otherwise

to school lands by

lands,

Fractional defi. ciencies of school

oth are are fracol purposeerritory, anted, and

terior to ascertain

cluded in certain

the lan, militownship, ne, by prof the phe Interior
nity Itate or they, oro that will tractio nublic serior, withit tortorne

State or Territory, in lieu of such as may be thus taken by preemption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted, and may be selected by said State or Territory, where sections sixteen or thirty-six are mineral land, or are Whe included within any Indian military or other reserva- disposed of. tion, or are otherwise disposed of by the United States: Provided, Where any State is entitled to said sections. Waiver of right sixteen and thirty-six, or where said sections are re- selecting lieu served to any Territory, notwithstanding the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections. And other lands of equal acreage are also hereby appropriated and granted, and may be lands. selected by said State or Territory, to compensate deficiencies for school purposes where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever. And it to Secretary of Inshall be the duty of the Secretary of the Interior, with- townships in. out awaiting the extension of the public surveys, to reservations. ascertain and determine, by protraction or otherwise, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State or Territory shall be entitled to select indemnity lands to the extent of two sections for each of said townships in lieu of sections sixteen and thirty-six Limitation. therein; but such selections may not be made within the boundaries of said reservations: Provided, however, Awaiting res. That nothing herein contained shall prevent any State varions to public or Territory from awaiting the extinguishment of any such purposes.

domain for school military, Indian, or other reservation and the restoration of the lands therein embraced to the public domain and then taking the sections sixteen and thirty-six in place therein; but nothing in this proviso shall be construed Existing rights. as conferring any right not now existing.)

SEC. 2276. The lands appropriated by the preceding Selections to section shall be selected, within the same. land district, encies of school in accordance with the following principles of adjust- lan ment, to wit: For each township or fractional township Ibid. containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township containing a greater quantity of land than one-half, and not more than three-quarters, of a township, threequarters of a section; for a fractional township containing a greater quantity of land than one-quarter, and not more than one-half, of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter, of a township, one-quarter section of land,

nds.

erning selections

ciencies of school

ships.

[Section 2276 was amended by act of February 28,

1891, 26 Stat., 796, to read as follows, viz: Principles gov- SEC. 2276. That the lands appropriated by the preto supply defi- ceding section shall be selected from any unappropriated, Sections and in surveyed public lands, not mineral in character, within fractional town- the State or Territory where such losses or deficiencies of

school sections occur; and where the selections are to compensate for deficiencies of school lands in fractional townships, such selections shall be made in accordance with the following principles of adjustment, to wit: For each township or fractional township containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township containing a greater quantity of land than one-half, and not more than three-quarters of a township, threequarters of a section; for a fractional township containing a greater quantity of land than one-quarter, and not more than one-half of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one

quarter of a township, one quarter section of land: Double lieu Provided, That the States or Territories which are, or

shall be entitled to both the sixteenth and thirty-sixth sections in place, shall have the right to select double the amounts named to compensate for deficiencies of school land in fractional townships.]

land,

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

An Act To supplement the act of June twenty-second, nineteen hundred and ten, entitled “An act to provide for agricultural entries on coal lands.”

Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, Disposal of sur. That from and after the passage of this act unreserveli face of coal lands ng to States.

public lands of the United States, exclusive of Alaska, which have been withdrawn or classified as coal lands or are valuable for coal shall, in addition to the classes of entries or filings described in the act of Congress approved June twenty-second, nineteen hundred and ten, entitled “An act to provide for agricultural entries on coal lands,". be subject to selection by the several States within whose limits the lands are situate, under grants made by Congress, and to disposition, in the discretion of the Secretary of the Interior, under the laws providing for the sale of isolated or disconnected tracts of public lands, but there shall be a reservation to the United States of the coal in all such lands so selected or sold and of the right to prospect for, mine, and remove the same in accordance with the provisions of said act of June twentysecond, nineteen hundred and ten, and such lands shall be subject to all the conditions and limitations of said act.

Approved, April 30, 1912 (37 Stat., 105).

Selections by North Dakota, South Dakota, Montana, Idaho,

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to

now

Extract from the sundry civil act, approved March 3, 1893 (27 Stat., 592).

Provided further, That the States of North Dakota, Selectionsoby South Dakota, Montana, Idaho, and Washington shall South Dakota, have a preference right over any person or corporation and Washington. to select lands subject to entry by said States granted to said States by the act of Congress approved February twenty-second, eighteen hundred and eighty-nine, for å period of sixty days after lands have been surveyed and duly declared to be subject to selection and entry under the general land laws of the United States: And provided further, That such preference right shall not accrue Note to account against bona fide homestead or pre-emption settlers on settlers. any of said lands at the date of filing of the plat of survey of any township in any local land office, of said States. Extract from the sundry civil appropriation act, approved August 18,

1894 (28 Stat., 394). That it shall be lawful for the governors of the States Surveys for of Washington, Idaho, Montana, North Dakota, South States. Dakota and Wyoming to apply to the Commissioner of the General Land Office for the survey of any township or townships of public land then remaining unsurveyed in any of the several surveying districts, with a view to satisfy the public land grants made by the several acts admitting the said States into the Union to the extent of the full quantity of land called for thereby; and upon the application of said governors the Commissioner of the General Land Office shall proceed to immediately notify the Surveyor-General of the application made by the Applications of governor of any of the said States of the application made for the withdrawal of said lands, and the SurveyorGeneral shall proceed to have the survey or surveys so applied for made, as in the cases of surveys of public lands; and the lands that may be found to fall within the limits of such township or townships, as ascertained by the survey, shall be reserved upon the filing of the application for survey from any adverse appropriation by settlement or otherwise except under rights that may be found to exist of prior inception, for a period to extend from such application for survey until the expiration of sixty days from the date of the filing of the township plat of survey in the proper district land office, during which period of sixty days the State may select any of such lands not embraced in any valid adverse claim, for the satisfaction of such grants, with the condition, however, that the governor of the State, within thirty days from the date of such filing of the application for survey, shall cause a notice to be published, which publication shall be continued for thirty days from the first publication, in Public notice. some newspaper of general circulation in the vicinity of the lands likely to be embraced in such township or townships, giving notice to all parties interested of the fact of such application for survey and the exclusive right

grants

governors.

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