Proviso. Statutes, pages 519, 520), and if the Secretary of the * * * * * Approved, Mar. 12, 1926 (44 Stat. 203, 205, U. S. C., 3d supp., title 10, sec. 1595). DISPOSAL OF RESERVATIONS IN NEVADA An Act To open abandoned military reservations in the State of Nevada to homestead entry and desert-land entry, and to amend an Act entitled "An Act to open abandoned military reservations in the State of Nevada to homestead entry," approved October first, eighteen hundred and ninety itary reserva to entry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the agricultural lands embraced within the Abandoned milmilitary reservations in the State of Nevada which have tions, Nevada. been placed under the control of the Secretary of the Agricultural Interior for disposition be disposed of under the home- lands in, opened stead and desert-land laws, and not otherwise: 2 Provided, That this Act is intended to make applicable to the desert lands. desert-land laws only such lands as were included under the Act of March third, eighteen hundred and seventyseven, providing for the disposition of public lands under the desert-land laws. Approved, August 21, 1916 (39 Stat. 518, U. S. C., title 43, sec. 1075). FORT ASSINNIBOINE MILITARY RESERVATION, An Act Providing for disposal of lands on abandoned portions of the Fort Assinniboine Military Reservation in Montana, and for the relief of certain settlers thereon Restricted to Montana. of Fort Assinni Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands which have been or may hereafter be excluded from the limits of the Fort Assinniboine Mili- Abandoned part tary Reservation in the State of Montana shall be open boine reservato the operation of the laws regulating homestead entry, entry. except section twenty-three hundred and one of the Revised Statutes, and to entry under the town-site_laws Commutation and the laws governing the disposal of coal lands, desert excepted. 2 That portion of the act which precedes the proviso constitutes verbatim the act of Oct. 1, 1890 (26 Stat. 561). tion opened to p. 421. Proviso. Government buildings, etc., reserved. Previous entries validated. R. S., sec. 2301, lands, and mineral lands, and shall not be subject to sale under the provisions of any Act relating to the sale of abandoned military reservations: Provided, That if the entire reservation be abandoned for military purposes this Act shall not apply to an area one mile square embracing the Government buildings at Fort Assinniboine. SEC. 2. That all entries heretofore made in good faith. under either the homestead, townsite, desert-land, or mineral-land laws of the United States upon any of the excluded portions of said Fort Assinniboine Military Reservation shall be held valid, and the Secretary of the Interior is directed to reinstate such entries under either of said laws as he may heretofore have canceled because of a construction based upon the opinion that the laws mentioned in section one of this Act did not apply to the abandoned portions of said reservation. Fort Assinni boine Military Approved, April 18, 1896 (29 Stat. 95). An Act Authorizing the Secretary of the Interior to survey the lands of the abandoned Fort Assinniboine Military Reservation and open the same to settlement3 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, That the Secretary of the Interior is hereby authorized and directed to immediately cause to be surveyed all Survey of lands of the lands embraced within the limits of the abandoned Fort Assinniboine Military Reservation, in the State of Montana. Reservation, Mont. in. lands before Classification of SEC. 2. That before said lands are opened to entry the opening to entry. Secretary of the Interior shall have said lands classified by an inspector or special agent of the Department of the Interior into four classes-first, agricultural lands; second, timber lands; third, coal lands; and fourth, mineral lands-and in making such classification all lands susceptible of cultivation that do not contain in excess of fifty thousand feet of merchantable timber to the fortyacre tract shall be classified as agricultural lands, and all lands containing in excess of fifty thousand feet of merchantable timber to the forty-acre tract shall be classified as timber lands. Agricultural lands. Soldiers' entries. Enlarged homesteads. Prior rights protected. SEC. 3. That when so classified, all of said lands classed as agricultural lands shall be opened to settlement and entry under the homestead laws of the United States, but not to entry or location under sections twenty-three hundred and six and twenty-three hundred and seven of the Revised Statutes: Provided, however, That the enlarged homestead Act, approved February nineteenth, nineteen hundred and nine, shall not apply until six months after said land has been opened to settlement and entry as aforesaid: And provided further, That any rights which Amended by the acts of Sept. 7, 1916 (39 Stat. 739), Jan. 6, 1921 (41 Stat. 1086), and June 7, 1924 (43 Stat. 666), pp. 9-11. face entries. may have attached to any of said lands under any of the public-land laws of the United States prior to the passage of this Act may be perfected and the lands so affected may be patented upon proof of compliance with the laws under which such rights so attached: Provided further, That lands classified as timber lands shall be disposed of Timber lands. under rules and regulations to be provided by the Secretary of the Interior with the authority to dispose of the timber and land separately when deemed advisable: Provided further, That the lands classified as coal lands shall Coal lands, surbe subject to disposition under the homestead laws, as herein provided for lands classified as agricultural, but those making entry of such lands must agree to a reservation to the United States of the coal deposits therein. and of the right in the United States, or those claiming through the United States, to prospect for, mine and remove the same, and such coal deposits shall be disposed of as provided by section three of the Act of June twentysecond, nineteen hundred and ten (Thirty-sixth Statutes, page five hundred and eighty-three), but no purchase of the coal deposits shall confer any right to the surface of the lands excepting such as is necessary to the mining and removal of the coal deposits: Provided further, That lands classified as mineral shall be disposed of under the Mineral lands. mining laws. ditional fees. SEC. 4. That entrymen upon said lands shall, in addi- Fees. tion to the regular land office fees, pay the sum of $1.25 per acre for said land, such payments to be made as follows: Twenty-five cents per acre at the time of making entry and 25 cents per acre each and every year thereafter until the full sum of $1.25 per acre shall have been paid: Provided, That for a period of six months subse- Subsequent adquent to the date on which the lands are opened to settlement entrymen upon said lands shall, in addition to the regular land office fees, pay the sum of $2.50 per acre for said land, such payments to be made as follows: Fifty cents per acre at the time of making entry and 50 cents per acre each and every year thereafter until the full sum of $2.50 per acre shall have been paid. In case Forfeiture for any entryman fails to make annual payments, or any of nonpayment. them when due, all right in and to the lands covered by his entry shall cease; and any payments theretofore made shall be forfeited and the entry canceled, and the land shall be again subject to entry under the provisions of the homestead law at the price fixed therefor by the former entry; but in all cases the full amount of purchase money must be paid on or before the offer of final proof: Provided, however, That the commutation pro- Commutation. vision of the general homestead law shall be applicable to all persons making homestead entry on said land under the provisions of this Act, save and excepting entries made hereunder in accordance with the provisions of the steads. Enlarged home enlarged homestead Act, approved February nineteenth, nineteen hundred and nine, which shall not be subject to commutation, but in instances where commutation is permissible hereunder, the entryman shall pay, in addition to the price fixed for entry, the sum of $1.25 per acre, as consideration for the privilege. Government buildings not included. buildings to Transfer, etc. SEC. 5. That this Act shall not apply to an area of two thousand acres embracing the Government buildings at Fort Assinniboine. SEC. 6. That the Thirteenth Legislative Assembly of the State of Montana having enacted a law for the purpose of establishing an agricultural, manual training, or other educational or public institution upon the present Sale of land and site of Fort Assinniboine, Montana, duly approved by State of Montana. the governor of Montana and to be in full force and effect after the fourth day of July, nineteen hundred and thirteen, and upon the transfer to the State of Montana by the President of the United States of two thousand acres of land, situate in said abandoned Fort Assinniboine Reservation and embracing the military buildings at said abandoned fort, except the guardhouse at said post; the President of the United States is hereby authorized and directed to transfer, grant, and set over to the State of Montana all right, title, and interest of, in, and to the said two thousand acres of land hereby reserved, embracing the buildings at Fort Assinniboine, except the guardhouse at said post, upon payment therefor by the State of Montana to the United States of the sum of $2.50 per acre: Provided, That the State of Montana shall be required to make its selection of two thousand acres within one year from the date of the passage of this Act. Condition. Sections re served for common schools. Acceptance of surface of coal lands. Indemnity selections. Proclamation of opening. SEC. 7. That sections sixteen and thirty-six of the land in each township within said abandoned Fort Assinniboine Military Reservation, except those portions thereof classified as coal or mineral lands, shall be reserved for the use of the common schools of the State of Montana, and are hereby granted to the State of Montana: Provided, That the State may, if it so elects within one year from the date of the passage of this Act accept subject to the reservation in the United States of the coal deposits therein the portion of said sections. sixteen and thirty-six classified as coal lands, in full satisfaction of the grant herein made for common schools: Provided, That for all lands lost to the State because classified as coal or mineral indemnity may be taken as provided for in sections twenty-two hundred and seventy-five and twenty-two hundred and seventysix of the Revised Statutes: * * * SEC. 8. That the lands shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which the lands may be settled upon, occupied, and entered by persons entitled to make entry thereon; and no person shall be permitted to settle upon, occupy, or enter any of said land except as prescribed in said proclamation. Approved, February 11, 1915 (38 Stat. 807). An Act To amend the Act of February eleventh, nineteen hundred and fifteen (Thirty-eighth Statutes at Large, page eight hundred and seven), providing for the opening of the Fort Assinniboine Military Reservation boine Military Mont. to settlement. Be it enacted by the Senate and House of Represen- Fort Assinnitatives of the United States of America in Congress as- Reservation, sembled, That the Act approved February eleventh, nineteen hundred and fifteen (Thirty-eighth Statutes at Large, page eight hundred and seven), entitled "An Act Lands of, opened authorizing the Secretary of the Interior to survey the lands of the abandoned Fort Assinniboine Military Reservation and open the same to settlement," be, and the same is hereby, amended by the addition thereto of the following sections: Band of Chippe for. "SEC. 10. That fractional townships twenty-eight Rocky Boy's north, ranges fifteen and sixteen east, and fractional was. townships twenty-nine north, ranges fourteen and fifteen east, Montana principal meridian, within the boundaries of said reservation, embracing a total area of approximately fifty-six thousand and thirty-five acres, are hereby Lands reserved set apart as a reservation for Rocky Boy's Band of Chippewas and such other homeless Indians in the State of Montana as the Secretary of the Interior may see fit to locate thereon, and the said Secretary is authorized, in his discretion, to allot the lands within the reservation hereby created under the provisions of the general allot- Allotments. ment Act of February eighth, eighteen hundred and eighty-seven (Twenty-fourth Statutes at Large, page three hundred and eighty-eight), as amended. * "SEC. 11. That the Secretary of the Interior be, and he is hereby, authorized and directed to patent to the city of Havre, Montana, for reservoir purposes, the following- Havre, Mont. Lands granted described lands lying within said reservation: * * to, for reservoir. Description. comprising reservoir site numbered two, and embracing an area of approximately four hundred and forty acres: Provided, That the city of Havre shall pay for said land Payment. the sum of $1.25 per acre: Provided further, That if the said city of Havre shall at any time hereafter abandon Reversion. the lands above described and cease to use the same for said purposes, said above-described lands shall revert to the Government of the United States. grounds, lands "SEC. 12. That the Secretary of the Interior is hereby Camping, authorized and directed to withdraw and set aside as a reserved. camping ground, the same to be kept and maintained without cost to the Government of the United States, the following-described land in said reservation lying on Description. both sides of Beaver Creek within townships twenty |