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ers of second en
liability for any fraud or violation of the law on the part
of the person committing the same. Bona fide hold- SEC. 2. That where a person having made entry under tries confirmed. the desert-land law was thereafter permitted by the Land
Department to hold another entry or entries by assignment, or where a person having previously perfected title under assignment of a desert-land entry, or having held land under assignment to the amount of three hundred and twenty acres or more at different times, was thereafter permitted by the Land Department to make an entry in his own right, or to hold other lands under assignment, such persons, or their lawful assignees, shall be, upon showing full compliance with all requirements of existing law as to expenditure, reclamation, and cultivation, permitted to complete title to the land now held by them, notwithstanding any contest that may have been or may hereafter be filed against the entry based upon the charge that the present claimant has exhausted his right under the desert-land law by reason of having previously
made an entry or held land under an assignment as above Restriction. detailed: Provided, however, That this section shall not
be applicable to entries made or taken by assignment sub
sequently to November thirtieth, nineteen hundred and Holders of 320 eight: Provided further, That no person shall be entitled
to the benefits of either the first or second section of this act who has heretofore acquired title to three hundred
and twenty acres of land under the desert-land laws; nor Limit for agri shall this act be construed to modify in any manner the
provisions of the act of August thirtieth, eighteen hundred and ninety (Twenty-sixth Statutes, three hundred and ninety-one), and the seventeenth section of the act of March third, eighteen hundred and ninety-one (Twentysixth Statutes, ten hundred and ninety-five), restricting the quantity of lands that may be acquired under the
agricultural land laws. Applicable only SEC. 3. The provisions of this act shall apply to Impety, Cal,
rial County, California, only.
Approved, June 25, 1910 (36 Stat., 867).
to Imperial Coun.
An Act Authorizing the Secretary of the Interior to grant further exten
sion of time within which to make proof on desert-land entries.
for final proof in
Time extended Be it enacted by the Senate and House of Representatives desert - land en- of the United States of America in Congress assembled, ·
That the Secretary of the Interior may, in his discretion, in addition to the extension authorized by existing law, grant to any entryman under the desert-land laws a fur
ther extension of the time within which he is required to Proof of delay, make final proof: Provided, That such entryman shall, in receipt of
by his corroborated affidavit filed in the land office of the district where such land is located, show to the satisfaction of the Secretary that because of unavoidable delay in the construction of irrigation works intended to convey water to the land embraced in his entry he is, without
fault on his part, unable to make proof of the reclamation and cultivation of said lands as required by law within the time limited therefor; but such extension shall not be granted for a period of more than three years, and this act shall not affect contests initiated for a valid existing reason: Provided, That the total extension of the Limit of extenstatutory period for making final proof that may be allowed in any one case under this act, and any other existing statutes of either general or local application, shall be limited to six years in the aggregate.
Approved, April 30, 1912 (37 Stat., 106).
An Act Providing for second homestead and desert-land entries.
stead or desert
mitted if former lost, etc.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person otherwise duly qualified to make entry Second homeor entries of public lands under the homestead or desert- land entries per. land laws, who has heretofore made or may hereafter mos make entry under said laws, and who, through no fault of his own, may have lost, forfeited, or abandoned the same, or who may hereafter lose, forfeit, or abandon same, shall be entitled to the benefits of the homestead or desertland laws as though such former entry or entries had never been made: Provided, That such applicant shall Conditions. show to the satisfaction of the Secretary of the Interior that the prior entry or entries were made in good faith, were lost, forfeited, or abandoned because of matters beyond his control, and that he has not speculated, in his right nor committed a fraud or attempted fraud in connection with such prior entry or entries.
Approved, September 5, 1914 (38. Stat., 712).
1915 (38 Stat., 1161.) That the Secretary of the Interior may, in his discre- Extension of tion, extend the time within which final proof is required proof on pending to be submitted upon any lawful pending desert-land entry made prior to July first, nineteen hundred and fourteen, such extension not to exceed three years from the date of allowance thereof: Provided, That the entryman Conditions. or his duly qualified assignee has, in good faith, complied with the requirements of law as to yearly expenditures and proof thereof, and shåll show, under rules and regulations to be prescribed by the Secretary of the Interior, that there is a reasonable prospect that, if the extension is granted, he will be able to make the final proof of reclamation, irrigation, and cultivation required by law: Provided further, That the foregoing shall apply only to Application. cases wherein an extension or further extension of time may not properly be allowed under existing law.
and pre to be prreasonable
pleting entry ex
Time for com. That where it shall be made to appear to the satisfactended to five tion of the Secretary of the Interior, under rules and regu
lations to be prescribed by him, with reference to any lawful pending desert-land entry made prior to July first, nineteen hundred and fourteen, under which the entryman or his duly qualified assignee under an assignment made prior to the date of this act, has, in good faith, expended the sum of $3 per acre in the attempt to effect: reclamation of the land, that there is no reasonable prospect that, if the extension allowed by this act or any existing law were granted, he would be able to secure water sufficient to effect reclamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior may, in his discretion, allow such entryman or assignee five years from notice within which to perfect the entry in the manner required of a homestead
entryman. Perfection of That any desert-land entryman or his assignee entitled entry.
to the benefit of the last preceding paragraph may, if he shall so elect within sixty days from the notice therein provided, pay to the receiver of the local land office the sum of 50 cents per acre for each acre embraced in the entry, and thereafter perfect such entry upon proof that he has upon the tract permanent improvements conducive to the agricultural development thereof of the value of not less than $1.25 per acre, and that he has, in good faith, used the land for agricultural purposes for three years and the payment to the receiver, at the time of
final proof, of the sum of 75 cents per acre: Provided, Cancellation on That in such case final proof may be submitted at any entry.
time within five years from the date of the entryman's election to proceed as provided in this section, and in the event of failure to perfect the entry as herein provided, all moneys theretofore paid shall be forfeited and the entry canceled.
failure to perfec
Also see “Timber”.
For homesteads within forest reserves, see “Homesteads”... Act of March 3, 1891, sec. 24 (26 Stat., 1103)-President author
ized to establish forest reservations..... Act of June 4, 1897 (30 Stat., 34)-Established only to protect
forests and water supply-Mineral and agricultural lands—
Egress of settlers allowed-President may change boundaries.
classified-Surveys to be made by Forest Service............ Act of March 4, 1913 (37 Stat., 842)—Same......... Act of March 4, 1915 (38 Stat., 1101)-Permits for summer homes,
The following are the principal acts directly affecting lands within the National Forests:
An Act To repeal timber-culture laws, and for other purposes. *
* Sec. 24. That the President of the United States may, Forest reservafrom time to time, set apart and reserve, in any State or Territory having public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations; and the President shall, by public proclamation, declare the establishment of such reservation and the limits thereof.1
Approved, March 3, 1891 (26 Stat., 1103).
Extracts from the sundry civil appropriation act, approved June 4, 1897 (30 Stat., 34, 35, 36).
All public lands heretofore designated and reserved by Forest lande. the President of the United States under the provisions of the act approved March third, eighteen hundred and ninety-one, the orders for which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said act, shall be as far as practicable controlled and administered in accordance with the following provisions:
No public forest reservation shall be established, except Forest reservato improve and protect the forests within the reservation, established. or for the purpose of securing favorable conditions of
tions, when to be
1 See act of March 4, 1907.
water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States; but it is not the purpose or intent of these provisions, or of the act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes.
Egress and ingress of settlers
Egress and in- Nothing herein shall be construed as prohibiting the within" reserva egress or ingress of actual settlers residing within the tions, etc. boundaries of such reservations, or from crossing the
same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof: Provided, That such persons comply with the rules and regulations covering such forest reservations.
mineral or agricultural lands to
Restoration of Upon the recommendation of the Secretary of the In
to terior, with the approval of the President, after sixty the public do- days' notice thereof published in two papers of general
circulation in the State or Territory wherein any forest reservation is situated, and near the said reservation, any, public lands embraced within the limits of any forest reservation which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And any mineral lands in any forest reservation which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and
entry, notwithstanding any provisions herein contained. President may The President is hereby authorized at any time to
r, etc. modify any Executive order that has been or may here
after be made establishing any forest reserve, and by such modification may reduce the area or change the boundary lines of such reserye, or may vacate altogether any order creating such reserve.
modify any Ex
An Act Providing for the transfer of forest reserves from the Depart
ment of the Interior to the Department of Agriculture. Control of forest Be it enacted by the Senate and House of Representatives ferred to Agricul- of the United States of America in Congress assembled, tural Depart. That the Secretary of the Department of Agriculture
shall, from and after the passage of this act, execute or