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from any further claim by the county wherein such Leased lands exleased lands are located for payment of moneys, the empt from county equivalent of taxes, as authorized under the Relief Act

taxes.

changed lands.

Sales prices for

of July 13, 1926 (Forty-fourth Statutes at Large, page Vol. 44, p. 915, 915): Provided further, That only such lands as are Limitation on within or contiguous to the former limits of said grants acceptance and may be accepted in an exchange hereunder for such for- disposal of exmer grant lands and that all lands and timber secured Vol. 39, p. 219, by virtue of any such exchange shall be disposed of in accordance with the terms and provisions of said Revest- agricultural lands ment Act of June 9, 1916: And provided further, That and timberlands. no sales of lands classified under said Act of June 9, 1916, as of class 3, or agricultural lands, shall be made for less than $2.50 per acre, and of lands of class 2, or timberlands, for less than the appraised value of the timber thereon.

SEC. 2. That all moneys received from or on account Disposal of of any lands leased or sold hereunder shall be applied in receipts. the manner prescribed by the aforesaid Acts of June 9, Vol. 39, p. 222; 1916, and February 26, 1919.

Approved, April 13, 1928 (45 Stat. 429, U. S. C., 3d supp., title 43, sec. 869, note).

BATH HOUSES AND HOTELS NEAR MINERAL SPRINGS

An Act To authorize the Secretary of the Interior to lease certain

lands

Vol. 40, p. 1180.

jacent to mineral

public lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- Public lands. bled, That the Secretary of the Interior, upon such terms Leases permitted and under such regulations as he may deem proper, may for bath houses, permit responsible persons or associations to use and hotels, etc., adoccupy, for the erection of bath houses, hotels, or other springs, etc., on improvements for the accommodation of the public, suitable spaces or tracts of land near or adjacent to mineral, medicinal, or other springs which are located upon unreserved public lands or public lands which have been withdrawn for the protection of such springs: Provided, Proviso. That permits or leases hereunder shall be for periods Term of leases. not exceeding twenty years.

Approved, March 3, 1925 (43 Stat. 1133, U. S. C., title 43, sec. 971).

AVIATION FIELDS

An Act To authorize the leasing of public lands for use as public aviation fields

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- Public lands. bled, That the Secretary of the Interior is authorized, in Leases of, for his discretion and under such regulations as he may pre- authorized.

public airports

Term of lease.

Conditions.

Annual rental.

Maintenance, facilities, etc.

Regulations to govern use.

Unrestricted use, etc., by Federal

scribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed six hundred and forty acres in area, subject to valid rights in such lands under the public land laws. (U. S. C., 3d supp., title 49, sec. 211.)

SEC. 2. Any lease under this Act shall be for a period not to exceed twenty years, subject to renewal for like periods upon agreement of the Secretary of the Interior and the lessee. Any such lease shall be subject to the following conditions:

(a) That an annual rental of such sum as the Secretary of the Interior may fix for the use of the lands, shall be paid to the United States.

(b) That the lessee shall maintain the lands in such condition, and provide for the furnishing of such facilities, service, fuel, and other supplies, as are necessary to make the lands available for public use as an airport of a rating which may be prescribed by the Secretary of Commerce.

(c) That the lessee shall make reasonable regulations to govern the use of the airport, but such regulations shall take effect only upon approval by the Secretary of Com

merce.

(d) That all departments and agencies of the United aircraft agencies. States operating aircraft (1) shall have free and unrestricted use of the airport, and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft.

Full control for

(e) That whenever the President may deem it necesmilitary purposes sary for military purposes, the Secretary of War may assume full control of the airport. (U. S. C., 3d supp., title 49, sec. 212.)

if necessary.

Cancelling pres

ent leases, and

under this Act,

authorized.

SEC. 3. With the consent of the lessee, the Secretary issuing new ones of the Interior is authorized to cancel any lease of public lands for use as public aviation fields or airports, made under law in force upon the date of the approval of this Act, and to lease such lands to the lessee upon the conditions prescribed by this Act. (U. S. C., 3d supp., title 49, sec. 213.)

Discretionary per

SEC. 4. The Secretary of the Interior is hereby authormission for bea ized, in his discretion and under such rules as he may

con lights, etc., on unreserved public lands.

prescribe, to grant permission for the establishment of beacon lights and other air-navigation facilities, except terminal airports, upon tracts of unreserved and unappropriated public lands of the United States of appropriate size, and may withdraw the lands for such purposes. (U. S. C., 3d supp., title 49, sec. 214.)

Approved, May 24, 1928 (45 Stat. 728).

UNLAWFUL OCCUPANCY OF PUBLIC

LANDS

An Act To prevent unlawful occupancy of the public lands

lic lands with

unlawful.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all inclosures of any public lands in any State Inclosure of pubor Territory of the United States, heretofore or to be out title declared hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto, by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be

den.

made, are hereby declared to be unlawful, and the main- Maintenance of tenance, erection, construction, or control of any such inclosure forbid inclosure is hereby forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, without title proand hereby prohibited. (U. S. C., title 43, sec. 1061.) hibited.

Assertion of right

institute civil

SEC. 2. That it shall be the duty of the District Attor- United States disney of the United States for the proper district, on affi- trict attorneys to davit filed with him by any citizen of the United States suits. that section one of this Act is being violated, showing a description of the land inclosed with reasonable certainty, not necessarily by metes and bounds, nor by Governmental sub-divisions of surveyed lands, but only so that the inclosure may be identified, and the persons guilty of the violation as nearly as may be, and by description, if the name can not on reasonable inquiry be ascertained, to institute a civil suit in the proper United States district or circuit court, or territorial district court, in the name of the United States, and against the parties named or described who shall be in charge of or controlling the inclosure complained of as defendants; and jurisdiction is also hereby conferred on any United States district or circuit court or territorial district court having jurisdic- courts. tion over the locality where the land inclosed, or any part thereof, shall be situated, to hear and determine proceedings in equity, by writ of injunction, to restrain violations

Jurisdiction of

Such cases to have precedence.

of the provisions of this Act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employé having charge or control of the inclosure; and any suit brought under the provisions of this section shall have precedence for hearing and trial over other cases on the civil docket of the court, and shall be tried and determined at the earliest practicable day. In any case if the inclosure shall be found to be unlawful, the court shall make the proper order, judgment, or decree for the deSummary judg- struction of the inclosure, in a summary way, unless the inclosure shall be removed by the defendant within five days after the order of the court. (U. S. C., title 43, sec. 1062.)

Settlement and transit not to be obstructed.

Alternative penalty.

Inclosures to be removed.

Inclosures of less than 160 acres.

Pending suits not affected.

SEC. 3. That no person by force, threats, intimidation, or by any fencing or inclosing, or any other unlawful means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit over or through the public lands: Provided, This section shall not be held to affect the right or title of persons, who have gone upon, improved or occupied said lands under the land laws of the United States, claiming title thereto, in good faith. (U. S. C., title 43, sec. 1063.)

SEC. 4. As amended by the act of March 10, 1908, 35 Stat. 40.]-That any person violating any of the provisions hereof, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding one thousand dollars or be imprisoned not exceeding one year, or both, for each offense. (U. S. C., title 43, sec. 1064.)

SEC. 5. That the President is hereby authorized to take such measures as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or military force as may be necessary for that purpose. (U. S. C., title 43, sec. 1065.)

SEC. 6. That where the alleged unlawful inclosure includes less than one hundred and sixty acres of land, no suit shall be brought under the provisions of this Act without authority from the Secretary of the Interior. (U. S. C., title 43, sec. 1066.)

SEC. 7. That nothing herein shall affect any pending suits to work their discontinuance, but as to them hereafter they shall be prosecuted and determined under the provisions of this Act.

Approved, February 25, 1885 (23 Stat. 321).

WATER HOLES

An Act Providing for the discovery, development, and protection of streams, springs, and water holes in the desert and arid public lands of the United States, for rendering the same more readily accessible, and for the establishment of and maintenance of signboards and monuments locating the same

water holes on

signboards.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and empowered, in his discretion in so far as the authorization made herein will permit, to discover, develop, protect, and render more accessible for Development of the benefit of the general public, springs, streams, and public lands. water holes on arid public lands of the United States; and in connection therewith to erect and maintain suitable and durable monuments and signboards at proper Erection of places and intervals along and near the accustomed lines of travel and over the general area of said desert lands, containing information and directions as to the location and nature of said springs, streams, and water holes, to the end that the same may be more readily traced and found by persons in search or need thereof; also to provide convenient and ready means, apparatus, and appli- Means of utilizances by which water may be brought to the earth's surface at said water holes for the use of such persons; also to prepare and distribute suitable maps, reports, and Distribution of general information relating to said springs, streams, and water holes, and their specific location with reference to lines of travel. (U. S. Č., title 43, sec. 361.)

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ing.

information.

ries.

SEC. 3. That whoever shall willfully or maliciously in- Punishment for jure, destroy, deface, or remove any of said monuments malicious injuor signposts, or shall willfully or maliciously fill up, render foul, or in anywise destroy or impair the utility of said springs, streams, or water holes, or shall willfully or maliciously interfere with said monuments, signposts, streams, springs, or water holes, or the purposes for which they are maintained and used, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (U. S. C., title 43, sec. 362.)

SEC. 4. That the Secretary of the Interior is hereby Regulations. authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this Act into full force and effect. (U. S. C., title 43, sec. 363.)

Approved, August 21, 1916 (39 Stat. 518).

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