Opening to entry. Limit of acreage. open to homestead settlement and entry in tracts not exceeding one hundred and sixty acres in area and not exceeding 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 Lists to be post-period the said list or description shall be prominently ed. Advertisement. Preference rights. Filing plats, etc., of entries. Time limit. Notice. Survey. Credit for actual residence allowed. Additional homestead, right posted in the land office and advertised for a period of not less than 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 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 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 surveyorgeneral, showing accurately the boundaries of such lands, 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 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 be kept posted in the office of the register of the land office for the land district in which such lands are situated for a like period; and further, that any agricultural lands within forest reserves may, at the discretion of the Secretary, be surveyed by metes and bounds, and that no lands entered under the provisions of this Act shall be patented under the commutation provisions of the homestead laws, but settlers, upon final proof, shall have credit for the period of their actual residence upon the lands covered by their entries. (U. S. C., title 16, sec. 506.) SEC. 2. That settlers upon lands chiefly valuable for of entry granted. agriculture within forest reserves on January first, nineteen hundred and six, who have already exercised or lost their homestead privilege, but are otherwise competent to enter lands under the homestead laws, are hereby granted an additional homestead right of entry for the purposes of this Act only, and such settlers must otherwise comply with the provisions of the homestead law, and in addi 17 Lands within the Custer National Forest excepted from the operation of this section by the act of June 13, 1930 (46 Stat. 583). See p. 182. tion thereto must pay two dollars and fifty cents per Price. Black Hills laws. SEC. 3. That all entries under this Act in the Black Forest Reserve. Hills Forest Reserve shall be subject to the quartz or Entries in, sublode mining laws of the United States, and the laws and ject to mining regulations permitting the location, appropriation, and use of the waters within the said forest reserves for mining, irrigation, and other purposes; and no titles acquired to agricultural lands in said Black Hills Forest title. Reserve under this Act shall vest in the patentee any riparian rights to any stream or streams of flowing water within said reserve; and that such limitation of title Riparian rights shall be expressed in the patents for the lands covered by such entries. (U. S. C., title 16, sec. 508.) SEC. 4. [Repealed by Act of Aug. 8, 1916, 39 Stat. 440, infra.] Limitation of reserved. Restriction. not affected. SEC. 5. That nothing herein contained shall be held to authorize any future settlement on any lands within forest reserves until such lands have been opened to settle- Prior claims ment as provided in this Act, or to in any way impair the legal rights of any bona fide homestead settler who has or shall establish residence upon public lands prior to their inclusion within a forest reserve. (U. S. C., title 16, sec. 509.) Approved, June 11, 1906 (34 Stat. 233). An Act Providing for the validation of certain homestead entries Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all homestead entries which have been canceled or relinquished, or are invalid solely because of the erro- Homestead enneous allowance of such entries after the withdrawal of lands for national forest purposes, may be reinstated or allowed to remain intact, but in the case of entries here- Reinstatement tofore canceled applications for reinstatement must be filed in the proper local land office prior to July first, ance. nineteen hundred and twelve. (U. S. C., title 16, sec. 511.) * * * Approved, March 3, 1911 (36 Stat. 1084). * An Act To repeal section four of the Act of Congress approved June eleventh, nineteen hundred and six, known as the forest homestead Act, and for other purposes tries in national forests. if canceled for erroneous allow Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That section four of the Act of Congress, approved June eleventh, nineteen hundred and six, entitled "An Restrictions on Act to provide for the entry of agricultural lands within agricultural enforest reserves," as amended by the Act of February Hills, S. Dak., eighth, nineteen hundred and seven (Statutes at Large, volume thirty-four, page eight hundred and eighty tries in Black removed. Custer National Homestead en in, etc., restricted. three), and by the Act of July third, nineteen hundred and twelve (Statutes at Large, volume thirty-seven, page one hundred and eighty-eight), be, and the same is hereby, repealed. All lands within national forests in Lawrence and Pennington Counties, in South Dakota, shall be and remain subject to all other provisions of the said Act of June eleventh, nineteen hundred and six, and Acts amendatory thereof and supplementary thereto. Approved, August 8, 1916 (39 Stat. 440, U. S. C., title 16, sec. 510). An Act To exempt the Custer National Forest from the operation of the forest homestead law, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this Act no applications may be accepted by the Secretary of Agriculture for the classification and listing of any land in try applications the Custer National Forest for homestead entry under the provisions of the Act of June 11, 1906 (Thirty-fourth Statutes, page 233; United States Code, title 16, section 506), nor shall any lands be so classified for entry under the provisions of the Act of August 10, 1912 (Thirtyseventh Statutes, pages 269-287): Provided, however, That the Secretary of Agriculture may, in his discretion, list limited tracts when in his opinion such action will be in the public interest and will not be injurious to other settlers or users of the national forest. Vol. 34, p. 233. Vol. 37, p. 287. Proviso. Limited tracts may be listed. Confirmation of entries on lands erroneously deemed nonmin eral. Approved, June 13, 1930 (46 Stat. 583). AGRICULTURAL ENTRIES ON COAL LANDS An Act For the protection of the surface rights of entrymen Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who has in good faith located, selected, or entered under the nonmineral land laws of the United States any lands which subsequently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and upon making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which Preservation of shall contain a reservation to the United States of all coal in said lands, and the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal-land laws in force at the time of such disposal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the owner under such patent, except upon such conditions as to security for and payment of all damages to such coal rights to the United States. Disposal under coal-land laws. Right of owner of surface. coal. men. owner caused thereby as may be determined by a court of competent jurisdiction: Provided, That the owner under such patent shall have the right to mine coal Domestic use of for use on the land for domestic purposes prior to the disposal by the United States of the coal deposit: Provided further, That nothing herein contained shall be held to affect or abridge the right of any locator, selector, Rights of entryor entryman to a hearing for the purpose of determining the character of the land located, selected, or entered by him. Such locator, selector, or entryman who has heretofore made or shall hereafter make final proof showing good faith and satisfactory compliance with the law under which his land is claimed shall be entitled to a patent without reservation unless at the time of such final proof and entry it shall be shown that the land is chiefly valuable for coal. Approved, March 3, 1909 (35 Stat. 844, U. S. C., title 30, sec. 81). An Act To provide for agricultural entries on coal lands face allowed. p. 420. Vol. 32, p. 388. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- Classified, etc., bled, That from and after the passage of this Act un- coal lands. reserved public lands of the United States, exclusive of Agricultural Alaska, which have been withdrawn or classified as coal entries for surlands or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection under section four of the Act approved August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and to R. S., sec. 2290, withdrawal under the Act approved June seventeenth, nineteen hundred and two, known as the reclamation Vol. 28, p. 422. Act, 18 whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, Right to pros with a reservation to the United States of the coal in pect for coal, such lands and of the right to prospect for, mine, and reserved. remove the same. But no desert entry made under the Limit and conprovisions of this Act shall contain more than one hundred and sixty acres, and all homestead entries made hereunder shall be subject to the conditions, as to residence and cultivation, of entries, under the Act approved Vol. 35, p. 639. February nineteenth, nineteen hundred and nine, entitled "An Act to provide for an enlarged homestead ": Perfection of Provided, That those who have initiated nonmineral present entries. entries, selections, or locations in good faith, prior to the passage of this Act, on lands withdrawn or classified as coal lands, may perfect the same under the provisions of the laws under which said entries were made, but 18 Extended to coal lands in Alabama by the act of Apr. 23, 1912 (37 Stat. 90), p. 185, and to State selections and sale of isolated tracts by the act of Apr. 30, 1912 (37 Stat. 105), p. 299. ditions. Applications to state nature of entry. Patents to reserve coal rights. deposits. Entry for prospecting. shall receive the limited patent provided for in this Act. (U. S. C., title 30, sec. 83.) SEC. 2. That any person desiring to make entry under the homestead laws, or the desert-land law, any State desiring to make selection under section four of the Act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and the Secretary of the Interior in withdrawing under the reclamation Act lands classified as coal lands, or valuable for coal, with a view of securing or passing title to the same in accordance with the provisions of said Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of this Act. (U. S. C., title 30, sec. 84.) SEC. 3. That upon satisfactory proof of full compliance with the provisions of the laws under which entry is made, and of this Act, the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the coal in the lands so patented, together with the right to prosDisposal of coal pect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal-land laws in force at the time of such disposal. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right, at all times, to enter upon the lands selected, entered, or patented, as provided by this Act, for the purpose of prospecting for coal thereon 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. Any person who has acquired from the United States the coal deposits in any such land, or the right to mine or remove the same, 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 coal therefrom, and mine and remove the coal, upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages: Provided, That the owner under such limited patent shall have the right to mine coal for use upon the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits: Provided further, That nothing herein contained shall be held to deny or abridge the right to present and have prompt consideration of applications to locate, enter, or select, under the land laws of the United States, lands which have been classified as coal lands with a view of disprov Damage to surface owners. Mining for domestic use. Right of entry. man to disprove coal classifications. |