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on sucht, of all to be filehotary
chase under this section shall state that the same are made in accordance with and subject to the provisions and reservations of this act.
SEC. 2. That upon satisfactory proof of full compliance . Issue of condiwith the provisions of the laws under which the location, selection, entry, or purchase is made, the locator, selector, entryman, or purchaser shall be entitled to a patent to the land located, selected, entered, or purchased, which patent shall contain a reservation to the United States of the deposits on account of which the lands so patented were withdrawn or classified or reported as valuable, together with the right to prospect for, mine, and remove the same, such deposits to be subject to disposal by the United States only as shall be hereafter expressly directed by law. Any person qualified to acquire the reserved Bond for prosdeposits may enter upon said lands with a view of prospecting for the same upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting, the measure of any such damage to be fixed .by agreement of parties or by a court of competent jurisdiction. Any person who has acquired from the United Mining, entries
permitted. States the title to or the right to mine and remove the reserved deposits, should the United States dispose of the mineral deposits in lands, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining and removal of the minerals therefrom, and mine and remove such minerals, upon payment of damages caused thereby to the owner of the land, or upon giving a good and sufficient bond or undertaking therefor in an action instituted in any competent court to ascertain and fix said damages: Provided, That nothing herein contained shall be held to a Application to
"disprove mineral deny or abridge the right to present and have prompt con- classification. sideration of applications to locate, select, enter, or purchase, under the land laws of the United States, lands which have been withdrawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic mineral lands, with a view of disproving such classification and securing patent without reservation, nor shall persons who have located, selected, entered, or purchased lands subse- For subsequent quently withdrawn, or classified as valuable for said mineral deposits, be debarred from the privilege of showing, at any time before final entry, purchase, or approval of selection or location, that the lands entered, selected, or located are in fact nonmineral in character.
SEC. 3. That any person who has, in good faith, located, Conditional selected, entered, or purchased, or any person who shall ents for lands hereafter locate, select, enter, or purchase, under the withdrawn. nonmineral land laws of the United States, any lands which are subsequently withdrawn, classified, or reported as being valuable for phosphate, nitrate, potash, oil, gas, or asphaltic minerals, may, upon application
purchasson who shall nocondition
therefor, and making satisfactory proof of compliance
with the laws under which such lands are claimed, receive Reservation for a patent therefor, which patent shall contain a reserva
tion to the United States of all deposits on account of which the lands were withdrawn, classified, or reported as being valuable, together with the right to prospect for, mine, and remove the same.
Approved, July 17, 1914 (38 Stat., 509).
THE THREE YEAR HOMESTEAD LAW.
the same for affidavit, ande, except as prov that he
An Act To amend section twenty-two hundred and ninety-one and section twenty-two hundred and ninety-seven of the Revised
Statutes of the United States relating to homesteads. Homestead on. Be it enacted by the Senate and House of Representatives tries.
of the United States of America in Congress assembled, That section twenty-two hundred and ninety-one and section twenty-two hundred and ninety-seven of the Revised Statutes of the United States be amended to read as follows:
"SEC. 2291. No certificate, however, shall be given or Patent to issue patent issued therefor until the expiration of three years
from the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry, or if he be dead his widow, or in case of her death his heirs or devisee, or in case of a widow making such entry her heirs or devisee, in case of her death, proves by himself and by two credible witnesses that he, she, or they have a habitable house upon the land and have actually resided upon and cultivated the same for the term of tbree years succeeding the time
of filing the affidavit, and makes affidavit that no part of Transfers me for such land has been alienated, except as provided in section public purposes.
twenty-two hundred and eighty-eight, and that he, she, or they will bear true allegiance to the Government of the United States, then in such case he, she, or they, if at that
time citizens of the United States, shall be entitled to a Leaves of ab- patent, as in other cases provided by law: Provided, That sence.
upon filing in the local land office notice of the beginning of such absence, the entryman shall be entitled to a continuous leave of absence from the land for a period not exceeding five months in each year after establishing residence, and upon the termination of such absence the entryman shall file a notice of such termination in the local land office, but in case of commutation the fourteen months' actual residence as now required by law must be shown, and the person commuting must be at the time a citizen of the United States: Provided, That when the person making entry dies before the offer of final proof Those succeeding to the entry must show that the entryman had complied with the law in all respects to the date of his death and that they have since complied with the law in all respects as would have been required of the
1 May be taken in two periods; see act of Aag. 22, 1914.
entryman had he lived, excepting that they are relieved from any requirement of residence upon the land: Provided further. That the entryman shall, in order to comply . Proof required
Y if entryman dios. with the requirements of cultivation herein provided for, cultivate not less than one-sixteenth of the area of his entry, beginning with the second year of the entry, and not less than one-eighth, beginning with the third year of the entry, and until final proof, except that in the case of entries under section six of the enlarged-homestead law For... enlarged double the area of cultivation herein provided shall be required, but the Secretary of the Interior may, upon a satisfactory showing, under rules and regulations prescribed by him, reduce the required area of cultivation: Provided, That the above provision as to cultivation shall Nebraska arid not apply to entries under the act of April twenty-eighth, tion entries." nineteen hundred and four, commonly known as the Kinkaid Act, or entries under the act of June seventeenth, nineteen hundred and two, commonly known as the reclamation act, and that the provisions of this section relative to the homestead period shall apply to all unperfected entries as well as entries hereafter made upon which residence is required: Provided, That the Secretary Notice of law to of the Interior shall, within sixty days after the passage of this act, send a copy of the same to each homestead entryman of record who may be affected thereby, by ordinary mail to his last known address, and any such entryman may, by giving notice within one hundred and twenty days after the passage of this act, by registered letter to the register and receiver of the local land office, elect to make proof upon his entry under the law under which the same was made without regard to the provisions of this act.1
“SEC. 2297. If, at any time after the filing of the affi- Land to revert davit as required in section twenty-two hundred and tablish residence. ninety and before the expiration of the three years mentioned in section twenty-two hundred and ninety-one, it is proved, after due notice to the settler, to the satisfaction of the register of the land office that the person having filed such affidavit has failed to establish residence within six months after the date of entry, or abandoned the land for more than six months at any time, then and in that event the land so entered shall revert to the Government: Provided, That the three years' Beginning of period of residence herein fixed shall date from the time tesi of establishing actual permanent residence upon the land: And provided further, That where there may be Extension perclimatic reasons, sickness, or other unavoidable cause the mitted. Commissioner of the General Land Office may, in his discretion, allow the settler twelve months from the date of filing in which to commence his residence on said land under such rules and regulations as he may prescribe.”
Approved, June 6, 1912. (37 Stat., 123.)
on failure to es
1 Notice not required; see act of Aug. 24, 1912.
Extract from the sundry-civil appropriation act approved August 24,
1912 (37 Stat., 455). Fallure to give That the failure of a homestead entryman to give notice not to prejudice rights of en- notice of election of making his proof as required by the trymen.
Act of June sixth, nineteen hundred and twelve, being an Act to amend sections twenty-two hundred and ninetyone and twenty-two hundred and ninety-seven of the Revised Statutes of the United States, relating to homesteads, shall not in anywise prejudice his rights to proceed in accordance with the law under which such entry was made.
Extract from the deficiency appropriation act approved March 4, 1913
(37 Stat., 925). Choice of prior That any person entitled to enter lands under the entrymen to perfect proof under homestead laws, who may have established residence
upon unsurveyed lands (which were subject to home-
or two periods. Division of Be it enacted by the Senate and House of Representaleaves of a bsence allowed tives of the United States of America in Congress assem
bled, That the entryman mentioned in section twentytwo hundred and ninety-one, Revised Statutes of the United States, as amended by the Act of June sixth, nineteen hundred and twelve, Thirty-seventh Statutes, one hundred and twenty-three, upon filing in the local land office notice of the beginning of such absence at his option shall be entitled to a leave of absence in one or two continuous periods not exceeding in the aggregate five months in each year after establishing residence; and upon the termination of such absence, in each period, the entryman shall file a notice of such termination in the local land office; but in case of commutation, the fourteen months actual residence, as now required by law, must be shown, and the person commuting be at the time a citizen of the United States.
Approved, August 22, 1914 (38 Stat., 704.)
tives of hat the and nimeended ve. Thiron filing absence one
HOMESTEAD ENTRIES WITHIN FOREST RESERVES.
reserves. Be it enacted by the Senate and House of Representatives Agricultural of the United States of America in Congress assembled, be opened to’setThat the Secretary of Agriculture may in his discretion, and he is hereby authorized, upon application or otherwise, to examine and ascertain as to the location and extent of land within permanent or temporary forest reserves, except the following counties in the State of California, Inyo, Tulare, Kern, San Luis Obispo, Santa : Counties in Cal. Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego; which are chiefly valuable for agriculture, and which, in his opinion, may be occupied for agricultural purposes without injury to the forest reserves, and which are not needed for public purposes, and may list and describe the same by metes and bounds, or otherwise, and file the lists and descriptions with the Filing of lists, Secretary of the Interior, with the request that the said lands be opened to entry in accordance with the provisions of the homestead laws and this Act. - Upon the filing of any such list or description the Secretary of the Interior shall declare the said lands open , Opening to onto homestead settlement and entry in tracts not exceeding Limit of acroone hundred and sixty acres in area and not exceeding age one mile in length, at the expiration of sixty days from the filing of the list in the land office of the district within which the lands are located, during which period the said list or description shall be prominently posted in the Lists to be postland office and advertised for a period of not less than Advertisement. four weeks in one newspaper of general circulation published in the county in which the lands are situated: Provided, That any settler actually occupying and in good faith claiming such lands for agricultural purposes prior to January first, nineteen hundred and six, and who shall not have abandoned the same, and the person, if qualified to make a homestead entry upon whose application the land proposed to be entered was examined and listed, shall, each in the order named, have a preference right of settlement and entry: Provided further, That any Filing...plats,
Y etc., of entries. entryman desiring to obtain patent to any lands described by metes and bounds entered by him under the provisions of this act shall, within five years of the date Time limit. of making settlement, file, with the required proof of residence and cultivation, a plat and field notes of the lands entered, made by or under the direction of the United States surveyor-general, showing accurately the boundaries of suchlands, which shall be distinctly marked by . monuments on the ground, and by posting a copy of such plat, together with a notice of the time and place of Notion. offering proof, in a conspicuous place on the land embraced in such plat during the period prescribed by law for the publication of his notice of intention to offer proof, and that a copy of such plat and field notes shall also bé