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Rights of way

for electric lines.

for fifty years over public lands, national forests, etc.

Extract from an Act making appropriations for the Department of
Agriculture, approved March 4, 1911 (36 Stat. 1235, 1253)

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That the head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights of way, for a period not Grants allowed exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet on each side of the center line of such electrical, telephone, and telegraph lines and poles, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right of way herein granted for any one or more of the purposes herein Official approval named: Provided, That such right of way shall be allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided, That all or any part of such right of way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.

required.

Forfeiture.

Existing permits.

Water rights

ing, etc., pur

poses.

That any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this Act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this this statute. (U. S. C., title 16, secs. 5, 420, 523; title 43, sec. 961.)

RIGHTS OF WAY THROUGH NATIONAL FORESTS FOR
DAMS, RESERVOIRS, WATER PLANTS, DITCHES,
FLUMES, PIPES, TUNNELS, AND CANALS FOR MU-
NICIPAL OR MINING PURPOSES

An Act Providing for the transfer of forest reserves from the
Department of the Interior to the Department of Agriculture

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SEC. 4. That rights of way for the construction and granted for min maintenance of dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and canals, within and across the forest reserves of the United States, are hereby granted to citizens and corporations of the United States for municipal or mining purposes, and for the purposes of the milling and reduction of ores, during the period of their

beneficial use, under such rules and regulations as may be prescribed by the Secretary of the Interior, and subject to the laws of the State or Territory in which said reserves are respectively situated. (U. S. C., title 16,

sec. 524.)

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Cross references: See subtitle "Rights of Way over Indian Lands-Pipe Lines," p. 278; Secs. 28 and 29 of the act of February 25, 1920, under Mineral Lands," pp. 341, 358.

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NOTE. The Act of May 21, 1896 (29 Stat. 127. U. S. C.. title 43, secs. 962-965), granting right of way over the public domain for oil pipe lines in the States of Colorado and Wyoming, and the Act of April 12, 1910 (36 Stat. 296, U. S. C., title 43, secs. 966-970), granting right of way over the public domain for oil or gas pipe lines in the State of Arkansas, were repealed by the general repealing proviso to section 28 of the Act of February 25, 1920 (41 Stat. 437).-EDITOR.

RIGHTS OF WAY FOR MUNICIPAL WATER SUPPLY AND ELECTRICAL TRANSMISSION LINES

Several special Acts of Congress have been passed granting rights of way across public lands and reservations in the State of California to municipalities for water supply and electrical transmission purposes:

City of Los Angeles-Acts of June 30, 1906 (34 Stat. 801), and June 5, 1920 (41 Stat. 983).

City and county of San Francisco-Act of December 19, 1913 (38 Stat. 242).

SALES OF PUBLIC LANDS

Cross references: See "Abandoned Military Reservations," p. 1; "Color of Title and Preference Right Claims," p. 87; "Isolated Tracts," p. 297; “Timber and Stone Lands," p. 707; "Town Sites," p. 725; "Withdrawals and Restorations," p. 773.

NOTE.-Sections 2353-2356, 2358-2360, 2364–2365, Revised Statutes, are obsolete as to all practical intent and purposes, and have been omitted from this compilation. See United States Code, Supplement III, title 43, sections 672-674, 676-677, 683-685, 687. See also H. R. 10198, Seventy-first Congress, second session, entitled "An Act to repeal obsolete statutes, and to improve the United States Code."-EDITOR.

$1.25 per acre.

SEC. 2357, R. S. The price at which the public lands Price of lands are offered for sale shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder who makes payment as provided in the preceding section shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which. are hereafter offered at public sale according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale,1 by entry at the land office, at one dollar and twenty-five cents an acre, to be paid at the time of making such entry: Provided, That the price to be paid for alternate reserved lands along the line of railroads within the limits granted by any Act of Congress shall be two dollars and fifty cents per acre.2 (U. S. C., title 43, sec. 678.)

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SEC. 2361, R. S. Where two or more persons have become purchasers of a section or fractional section, the register of the land office of the district in which the lands lie shall, on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them; but in no case shall the fractions so purchased be divided by other than north and south, or east and west, lines; nor shall any certificate issue for less than eighty acres. (U. S. C., title 43, sec. 688.)

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SEC. 2369, R. S. In every case of a purchaser of public lands, at private sale, having entered at the land office,

1 See sec. 1 of the act of Mar. 2, 1889 (25 Stat. 854), p. 633, which declares that after the passage of that act "no public lands of the United States, except those in the State of Missouri, shall be subject to private entry. Public sales, with certain exceptions, were discontinued by sec. 9 of the act of Mar. 3, 1891 (26 Stat. 1095. 1099). See p. 634.

2 See sec. 3 of the act of June 15, 1880 (21 Stat. 237), p. 633.

Several certificates issued to two or more

purchasers of same section.

Mistakes in entry of lands, provisions for.

Mistakes in patent lands.

Mistakes in loça

a tract different from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that purpose to the register of the land office; and if it appears from testimony satisfactory to the register and receiver, that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land; or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land office, the register and receiver shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of other lands in the same district, or credited in the payment for other lands which have been purchased at the same office. (U. S. C., title 43, sec. 693.)

SEC. 2370, R. S. The provisions of the preceding section are declared to extend to all cases where patents have issued or may hereafter issue; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relinquishment of title thereon, executed in a form to be prescribed by the Secretary of the Interior. (U. S. C., title 43, sec. 694.)

SEC. 2371, R. S. The provisions of the two preceding tion of warrants. sections are made applicable in all respects to errors in the location of land warrants. (U. S. C., title 43, sec. 695.)

Agreement and

prevent bids;

penalty.

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SEC. 2373, R. S. Every person who, before or at the acts intended to time of the public sale of any of the lands of the United States, bargains, contracts, or agrees, or attempts to bargain, contract, or agree with any other person, that the last-named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof, or who by intimidation, combination, or unfair management, hinders, or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. (U. S. C., title 18, sec. 113.)

Agreements to

pay premiums

public sales.

SEC. 2374, R. S. If any person before, or at the time to purchasers at of the public sale of any of the lands of the United States, enters into any contract, bargain, agreement, or secret understanding with any other person, proposing to purchase such land, to pay or give to such purchasers for such land a sum of money or other article of property, over and above the price at which the land is bid off by such purchasers. every such contract, bargain, agree

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