LIEU SELECTIONS Cross references: See subtitle "Forest Lieu Selections" under "Forest Reserves," p. 131; subtitle "Soldiers' Additional Homesteads" under "Homesteads," p. 172; subtitle "Lieu Selections" under "Indian Lands," p. 255; subtitles "Grants to Union Pacific, etc., Railroads," p. 142, “Grants to Northern Pacific Railroad." p. 417, "Grants to Atlantic and Pacific, etc., Railroads," p. 427,"Grants to Oregon and California Railroad," p. 432, and Settlers, Adjustments and Forfeitures," p. 457, under "Railroad Grants"; "Scrip,” p. 637; subtitles "Agricultural College Grants," p. 641, “School Land Grants," p. 643, and "Internal Improvement Grants," p. 678, under "State Grants." An Act To amend section 2372 of the Revised Statutes1 Public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 23722 of the Revised Statutes is Transfer of entries erroneously amended by adding thereto the following: canceled. "In all cases where a final entry of public lands has been or may be hereafter canceled, and such entry is held by the Land Department or a court of competent jurisdiction 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 charac- Original entry ter, free from lawful claim, and otherwise subject to gen- to be relineral disposition: Provided, That the entryman, his heirs, or assigns shall file a relinquishment of all right, title, and Right not asinterest in and to the land originally entered: Provided further, That no right or claim under the provisions of this paragraph shall be assignable or transferable." Approved, January 27, 1922 (42 Stat. 359, U. S. C., title 43, sec. 697). An Act To repeal the Act approved January 27, 1922, providing for change of entry, and for other purposes signable. Public lands. Provision for transfer of repealed. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Congress approved January 27, 1922, entitled "An Act to amend section 2372 of the Re- canceled entries vised Statutes," be and the same is hereby repealed: Pro- R. S., sec. 2372, vided, That any applications heretofore filed under the P. 434, amended. provisions of this Act, or any claim of which notice is Vol. 42, p. 859. filed within sixty days from the approval of this Act, etc. 1 Repealed in part by the act of May 21, 1926 (44 Stat. 591), infra. For sec. 2372, R. Š., as amended by the act of Feb. 24, 1909 (35 Stat. 645), see subtitle "Amendment" under "Homesteads," p. 194. Pending claims, Extension of time for rejected selections. Exchange of private lands. Baca Float No. 3, Arizona. Settlers, etc., evicted from, private land claim, may se lect twice the area of lands lost. Homestead entrymen evicted or prevented from making final entry by prior grant, may make second entry of twice original area. upon which applications are presented within one year from the date of approval of this Act, may be perfected and patents issued therefor the same as if this Act had not been passed: Provided further, That when the selection in exchange fails for no fault on the part of the selector another selection in exchange may be made if filed within one year from notice to the selector of the rejection of the selection. Approved, May 21, 1926 (44 Stat. 591, U. S. C., 3d supp., title 43, sec. 697). EXECUTIVE ORDER INDIAN RESERVATIONS Extract from the Indian appropriation Act, approved April 21, 1904 (33 Stat. 189, 211) That any private land over which an Indian reservation 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, nontimbered, surveyed public lands of equal area and value and situate in the same State or Territory. (U. S. C., title 43, sec. 149.) BACA FLOAT NO. 3, ARIZONA An Act For the relief of settlers and entrymen on Baca Float Numbered Three, in the State of Arizona Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where, prior to December 13, 1917, patents or patent certificates have issued under the homestead laws or preemption laws for land within the limits of a tract known as Baca Float Numbered Three, in the State of Arizona, and the patentees, their assigns, and legal representatives have been evicted by the local courts by reason of the prior grant to the legal representative of Luis Maria Baca, the patentee, his assigns or his legal representative, who under the laws and regulations would have been enttiled to the return of the purchase money, fees, and commissions, shall be entitled to select in lieu thereof not exceeding twice the area of the lands lost, of any nonmineral unoccupied surveyed public lands in the State of Arizona subject to homestead entry. SEC. 2. That where any person had made homestead entry for land within Baca Float Numbered Three, and had fully complied with the homestead laws thereon as to residence and cultivation prior to June 22, 1914, in the bona fide belief that the land was public land, and has been evicted therefrom or prevented from making final entry by reason of the prior grant, said homestead entryman, or, in the case of his or her death, the successor to the right of entry under the homestead laws shall be permitted to make second homestead entry for other land situate in the State of Arizona and not exceeding twice the area of the original homestead entry lost as herein set forth, subject to the conditions, limitations, and benefits of the homestead laws applicable to such land; and upon submission of proof under his original Patent, etc., to entry that he had fully complied with the law as to further resi residence and cultivation, shall on approval of such dence, etc. proof and payment at the office of second entry for the final fees and commissions due on a final entry for the land entered, receive a final certificate and patent without further residence and cultivation of the land embraced in the second entry. issue without signable. made within Sales, etc., 13, 1917, not SEC. 3. That the right of selection and second entry Rights not ashereby granted shall not be assignable, directly or through irrevocable power of attorney, and must be exer- Selection to be cised within three years after the passage of this Act three years. by the persons entitled to such relief, or, in the case of the death of a homestead entryman who has not submitted final proof and received his final certificate, by the person or persons succeeding to his right of entry under the homestead laws: Provided, That no persons acquir- Provisos. ing said land by sale or conveyance subsequent to Decem- since December ber 13, 1917, shall be recognized, and the applicant shall recognized. submit proof that he has not sold, assigned, nor relin- Proof required quished his homestead nor entered into any contract or of applicant agreement to sell, assign, or relinquish the same, nor is for exclusive abandoned the land for a valuable consideration; also personal use, etc. that the land sought to be selected is for applicant's own exclusive use and benefit, and that he has not sold or contracted to sell, directly or indirectly, said selected land: And provided further, That the entire right of reselec- Regulations, tion under each entry shall be exercised at the same scribed. time, under such rules and regulations as the Secretary of the Interior may prescribe, and on approval of the selection patent shall issue as on other entries. Approved, July 5, 1921 (42 Stat. 107). An Act Extending the provisions of an Act for the relief of settlers and entrymen on Baca Float Numbered Three, in the State of Arizona that selection etc., to be pre Baca Float No. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- 3, Ariz. bled, That the time within which to make selections and Time extended entries under the provisions of the Act of July 5, 1921 for selections (Forty-second Statutes at Large, page 107), entitled "An by settlers on. Act for the relief of settlers and entrymen on Baca Float Numbered 3, in the State of Arizona," is hereby extended for a period of two years from the approval of this Act. Approved, April 17, 1926 (44 Stat. 299). * Date extended by the act of Apr. 17, 1926 (44 Stat. 299), infra. Vol. 42, p. 108, MINERAL LANDS 66 Cross references: See "Abandoned Military Reservation," p. 7; "Alaska." pp. 31-46; subtitle 'Creation of Forest Reserves under "Forest Reserves," p. 126; "Homesteads," pp. 182-188; "Indian Lands," pp. 257-264; "Isolated Tracts," pp. 299, 300; subtitle Mineral Lands Reserved" under "Private Land, etc., Claims," p. 398; "Repayments," pp. 610, 613; "Sales of Public Lands," p. 633; subtitle "School Land Grants " under State Grants," pp. 676, 677; subtitle "Mineral Surveys" under "Supervisor of Surveys, etc.," p. 704; "Timber and Stone Lands," p. 707; "Town Sites," pp. 731, 734. 66 GENERAL PROVISIONS OF THE MINING LAWS tion for recov SEC. 910, R. S. No possessory action between persons, Possessory ac in any court of the United States, for the recovery of any ery of mining mining title, or for damages to any such title, shall be titles. affected by the fact that the paramount title to the land Feb. 27, 1865, in which such mines lie is in the United States; but each 13 S. 441. case shall be adjudged by the law of possession. (U. S. C., title 28, sec. 690.) Mineral lands 14 S. 86. Mineral lands 17 S. 91. SEC. 2318, R. S. In all cases lands valuable for min- reserved. erals shall be reserved from sale, except as otherwise July 4, 1866, expressly directed by law. (U. S. C., title 30, sec. 21.) SEC. 2319, R. S. All valuable mineral deposits in lands open to purchase belonging to the United States, both surveyed and unsur- by citizens. 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. (U. S. C., title 30, sec. 22.) SEC. 2320, R. S. Mining claims upon veins or lodes of Length of mining claims upon quartz or other rock in place bearing gold, silver, cinna- veins or lodes. bar, lead, tin, copper, or other valuable deposits, hereto- May 10, 1872, fore located, shall be governed as to length along the vein 17 s. 91. 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 |