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claim or patent: Provided, That nothing herein contained shaīl 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.

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

forest reserves:

to select lands in



-Be it enacted by the Senate and House of Representaatives of the United States of America in Congress as

Permission sembled, That the Acts of June fourth, eighteen hun- lieu dred and ninety-seven, June sixth, nineteen hundred, and lected claims reMarch third, nineteen hundred and one, are hereby repealed so far as they provide for the relinquishment, selection, and patenting of lands in lieu of tracts covered by an unperfected bona fide claim or patent within a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).

An Act For the relief of certain persons, their heirs or assigns, who

heretofore relinquished lands inside national forests to the United States.





authorfor other

Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress as

Public lands. sembled, That where any person or persons in good faith quishing land for relinquished to the United States lands in a national for- and not receive est as a basis for a lieu selection under the Act of June 4, ions. 1897 (Thirtieth Statutes at Large, pages 11, 36), and vol. 34, P: 36 ; failed to get their lieu selections of record prior to the Exchange of passage of the Act of March 3, 1905 (Thirty-third Stat-portion utes at Large, page 1264), or whose lieu selections, though forest lands or

value in timber. duly filed, are finally rejected, the Secretary of the Înterior, with the approval of the Secretary of Agriculture, upon application of such person or persons, their heirs or assigns, is authorized to accept title to such of the base lands as are desirable for national-forest purposes, which lands shall thereupon become parts of the nearest national forest, and, in exchange there for, may issue patent for not to exceed an equal value of national-forest land, unoccupied, surveyed, and nonmineral in character, or the Secretary of Agriculture may authorize the grantor

ties ing.

Proof of


lands ated


not to without

to cut and remove an equal value of timber within the It exchange not national forests of the same State. Where an exchange to revert to par- can not be agreed upon the Commissioner of the General relinquish- Land Office is hereby authorized to relinquish and quit

claim to such person or persons, their heirs or assigns, all title to such lands which the respective relinquishments of such person or persons may have vested in the

United States: Provided, That such person or persons, linquishment to their heirs or assigns, shall, within five years after the bea made in five date of this Act, make satisfactory proof of the relin

quishment of such lands to the United States by submitting to the Commissioner of the General Land Office an abstract of title to such lands showing relinquishment of the same to the United States, which abstract or abstracts

shall be retained in the files of the General Land Office. If relinquished SEC. 2. That if it shall appear that any of the lands re


other linquished to the United States for the purpose stated in public use, title the preceding section have been disposed of or appropri

consent ated to a public use, other than the general purposes for ing jurisdiction. which the forest reserve within the bounds of which they

are situate was created, such lands shall not be relinquished and quitclaimed as provided therein, unless the

head of the department having jurisdiction over the Other lands in lieu may

public lands shall consent to such relinquishment; and if he be selected it shall fail to so consent, or if any of the lands so relingiven.

quished have been otherwise disposed of by the United States, other surveyed, nonmineral, unoccupied, unreserved public lands of approximately equal area and value may be selected and patented in lieu of the lands so appropriated or disposed of in the manner and subject to the terms and conditions prescribed by said Act

of June 4, 1897, and the regulations issued thereunder: Proviso, Provided, That applications to make such lieu selections Applications to be made in three must be filed in the General Land Office within three. years.

years after the date of this Act.

Approved, September 22, 1922 (42 Stat. 1017).




Extract from the Indian appropriation Act, approved April 21 1904

(33 Stat. 189-211).

Exchange of

That any private land over which an Indian reservaprivate lands.

tion 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, nontimberei, surveved public lands of equal area and value and situate in the same State or Territory.


An Act To amend section 2372 of the Revised Statutes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2372 of the Revised Statutes is

Public lande. amended by adding thereto the following:

** In all cases where a final entry of public lands has to Oransfer of en been or may be hereafter canceled, and such entry is canceled. held by the Land Department or a court of competent juris liction to have been confirmed under the proviso to section 7 of the Act of March 3, 1891 (Twenty-sixth Statutes, page 1099), if the land has been disposed of to or appropriated by a claimant under the homestead or desert-land laws, or patented to a claimant under other public-land laws, the Secretary of the Interior is authorized, in his discretion, and under rules to be prescribed by him, to change the entry and transfer the payment to any other tract of surveyed public land, nonmineral in character, free from lawful claim, and otherwise subject to general disposition: Provided, That the entry. to orbemate nin?

Original entry Tian, his heirs, or assigns shall file a relinquishment of quisbed. all right, title, and interest in and to the land originally entered : Prorided further, That no right or claim under Right not usthe provisions of this paragraph shall be assignable or

signable. transferable."

Approved, January 27, 1922 (42 Stat. 359).

Án Act To permit adjustment of conflicting, claims to certain lands

in Mohave County, Arizona.

Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled. That the Secretary of the Interior be, and he is Public lands, hereby, authorized and empowered, in his discretion, to Mohave County,

Ariz, author accept a relinquishment from the owners of the odd- ized. numbered sections of land falling within townships sixteen, sixteen and one-half, and seventeen north of range thirteen west, Arizona, and permit said owners to select and receive in exchange therefor patents of an equal area of vacant surveyed, nonmineral, nontimbered public land of the United States in the county of Mohave, State of Arizona.

Approved. August 24, 1922 (42 Stat. 829).


Page. 261


270 270 271 271



273 273 274


Revised Statutes.--Section 910-Action for recovery of mining titles.-
Sections 2318–2346—Lands reserved except as provided by law-Open to

purchase Length of claims-Citizenship-Right of possession-Own-
ers of tunnels—Regulations by miners—Patents, how obtained-Ad-
verse claim-Description-Monuments to govern-Placer claims-Sub-
divisions of 10 acres-Conformity to surveys--Rights to patent, pro-
ceedings-Surveyors-Officers authorized to administer oaths-Inter-
section of veins-Mill sites-Local legislatures-Water rights-Agri-
cultural lands-Certain States excepted--Mineral lands excepted from

State grants.
Act of June 6, 1874–First annual payment extended on claims located

prior to May 10, 1872.
Act of February 11, 1875—Money expended in tunnel-
Act of May 5, 1876-Missouri and Kansas excluded -
Act of June 3, 1878-Timber for mining and domestic purposes.
Act of January 22, 1880-Application for patent by agent-Annual work

to commence
Act of March 3, 1881-No patent for land in controversy unless title

is established
Act of April 26, 1882—Adverse claim verified by agent-Affidavit of citi-

zenship --
Act of March 3, 1883-Alabama excepted.
Act of March 3, 1891–Town sites on.-
Act of August 4, 1892-Lands chiefly valuable for building stone subject

to placer laws_-
Act of June 10, 1896—Ceded Fort Belknap and Blackfoot lands, Montana,

and San Carlos, Ariz., subject to mineral land laws.-
Act of February 11, 1897--Petroleum lands subject to placer laws..
Act of June 4, 1897-Mineral lands .within forest reservations.
Act of July 1, 1898—Mineral lands in Colville Indian Reservation.
Act of January 31, 1901–Saline lands subject to placer laws.
Act of May 27, 1902-Mineral lands within the Uintah and White River

Indian Reservations
Act of February 12, 1903— Assessment work on five contiguous oil claims.
Act of March 3, 1903—Mining claims on Uncompahgre Indian Reserva-

tion, Utah
Act of April 23, 1904-Mineral lands in the Flathead Indian Reserva-

tion, Mont..
Act of April 27, 1904—Crow Indian Reservation, Mont--
Act of December 21, 1904—Yakima Indian Reservation, Wash..
Act of March 3, 1905-Shoshone or Wind River Indian Reservation, Wyo_
Act of March 22, 1906—Colville Indian Reservation, Wash_
Act of March 27, 1906-Mineral lands in Alabama_
Act of June 21, 1906-Coeur d'Alene Indian Reservation, Idaho.--
Act of May 27, 1908-Mining claims prohibited in Mount Rainier Na-

tional Park
Act of May 29, 1908-Mining laws extended to Bitter Root Valley, Mont-
Act of February 24, 1909—Repayment of deposits for mineral surveys.--
Act of February 25, 1909–Five years allowed to complete entries in

Shoshone or Wind River Indian Reservation, Wyo.-
Act of March 2, 1911–To protect locators of oil and gas lands.
Act of August 25, 1914-Amends act of March 2, 1911.-
Act of January 11, 1915– -Prior placer locations for phosphate rock

Act of July 17, 1917--Assessment work not required while in the military
service during the war with Germany

275 276 276 277 277

278 278


280 280 281 281 282 274 282

282 283 283

283 281 284


285 Page.

286 287 291 291

Act of October 5, 1917—Assessment work not required during 1917 and

Act of October 2, 1917--Disposition of potassium lands-
Act of August 15, 1919-Assessment work not required during 1919_
Act of November 13, 1919-Assessment work not required during 1919-
Act of February 25, 1920-Leasing of coal, phosphate, and petroleum

Act of December 31, 1920—Extension of time for assessment work.-.
Act of August 24, 1921--Time for doing assessinent work.
Act of January 11, 1922-Extension of time for development under the

oil leasing law-
Act of September 15, 1922--Section 18a of oil leasing law extended to

Utah. lot of March 4, 1923-Leases on Red River, Oklahoma, lands_

293 292 292


312 313


Sec. 910. No possessory action between persons, in possessory acany court of the United States, for the recovery of any of mining titles. mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land in which such mines lie is in the United States; but each case shall be adjudged by the law of possession.

Feb. 27, 1865, 13 S. 441.

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Mineral reserved.

14 S. 86.



17 S. 91.

Sec. 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly July 4, 1866, directed by law.

Sec. 2319. All valuable mineral deposits in lands belonging to the United States, both surveyed and unsur-by citizens.

open to purchase veyed, are hereby declared to be free and open to ex

May 10, 1872, ploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States. SEC. 2320. Mining claims upon veins or lodes of quartz Length of min

ing claims upon or other rock in place bearing gold, silver, cinnabar, lead, veins or lodes. tin, copper, or other valuable deposits, heretofore located, May 10, 1872, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen

17 S. 91.

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