WITHDRAWALS AND RESTORATIONS Cross references: See "Alaska," p. 17; "Carey Act," p. 79; "Forest Reserves," p. 125; Stock-Raising Homesteads" under "Homesteads," p. 173; " Indian Lands," p. 226; "National Parks and Monuments," p. 375; "Railroad Grants," p. 405; "Reclamation," p. 489; "Reservoir Sites," p. 615; "Sales of Public Lands," p. 633; State Grants," p. 641; "Town Sites," p. 725; "Water Power," p. 749. 66 WITHDRAWALS An Act To authorize the President of the United States to make withdrawals of public lands in certain cases drawals by Presi etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President may, at any time in his discre- Temporary withtion, temporarily withdraw from settlement, location, dent for power sale, or entry any of the public lands of the United States sites, irrigation, including the District of Alaska and reserve the same for water-power sites, irrigation, classification of lands, or other public purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an Act of Congress. (U. S. C., title 43, sec. 141.) continued. fide oil or gas SEC. 2. [As amended by the act of August 24, 1912, 37 Mining rights Stat. 497.]-That all lands withdrawn under the provisions of this Act shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any Rights of bona person who, at the date of any order of withdrawal here- claimants. tofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Provided further, That this Act shall not be construed as a recognition, Status of prior abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June twentyfifth, nineteen hundred and ten: And provided further, That there shall be excepted from the force and effect of Homesteads, etc., any withdrawal made under the provisions of this Act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has claims. not affected. been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was Creation of for- made: And provided further, That hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress. (U. S. C., title 43, sec. 142.) est reserves re stricted. Report of withdrawals to Congress. No withdrawals for reservations SEC. 3. That the Secretary of the Interior shall report all such withdrawals to Congress at the beginning of its next regular session after the date of the withdrawals. (U. S. C., title 43, sec. 143.) Approved, June 25, 1910 (36 Stat. 847). Extract from the Indian appropriation Act approved June 30, 1919 (41 Stat. 3, 34) SEC. 27. That hereafter no public lands of the United hereafter except States shall be withdrawn by Executive Order, proclamation, or otherwise, for or as an Indian reservation except by Act of Congress. (U. S. C., title 43, sec. 150.) by act of Congress. lands restored RESTORATIONS An Act To authorize the President to provide a method for opening lands restored from reservation or withdrawal, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemMethod author- bled, That hereafter when public lands are excluded ized for opening from national forests or released from withdrawals the from reservation. President may, whenever in his judgment it is proper or necessary, provide for the opening of the lands by settlement in advance of entry, by drawing, or by such other method as he may deem advisable in the interest of equal opportunity and good administration, and in doing so may provide that lands so opened shall be subject only to homestead entry by actual settlers only or to entry under the desert-land laws for a period not exceeding ninety days, the unentered lands to be thereafter subject to disposition under the public-land laws applicable thereto. (U. S. C., title 43, sec. 151.) Extended to previous restora tions. SEC. 2. That where under the law the Secretary of the Interior is authorized or directed to make restoration of lands previously withdrawn he may also restrict the restoration as prescribed in section one of this Act. (U. S. C., title 43, sec. 152.) Approved, September 30, 1913 (38 Stat. 113). An Act To provide for the disposition of certain public lands withdrawn and improved under the provisions of the Act of Congress, approved June 25, 1910 (Thirty-sixth Statutes at Large, page 847), as amended by the Act of August 24, 1912 (Thirty-seventh Statutes at Large, page 497), and which are no longer needed no longer needed to be sold, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever in the opinion of the Secretary of Public lands. the Interior any lands which have been withdrawn under withdrawn lands the provisions of the Act of Congress approved June 25, for Reclamation 1910 (Thirty-sixth Statutes at Large, page 847), as Service purposes, amended by the Act of Congress approved August 24, 1912 (Thirty-seventh Statutes at Large, page 497), for Vol. 36, p. 847, the purpose of exploratory drilling to discover water Vol. 37, p. 497. supplies for irrigation or other purposes, and which have had wells or other permanent improvements placed thereon by and at the expense of the United States, are no longer needed for the purpose for which they were withdrawn and improved, the Secretary of the Interior may appraise the lands, together with the improvements thereon, and thereafter sell the same to a citizen of the Sales at auction. United States for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land. (U. S. C., title 43, sec. 145.) SEC. 2. That upon payment of the purchase price the Patent to issue. Secretary of the Interior is authorized by appropriate patent to convey all the right, title, and interest in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not Provisos. over one hundred and sixty acres shall be sold to any one person: Provided further, That any patent issued here- Area limited. under shall contain a reservation to the United States posits reserved. of all oil, gas, coal, and other mineral. (U. S. C., title 43, sec. 146.) Mineral, etc., de ceipts. SEC. 3. That the moneys derived from the sale of such Disposal of relands and improvements be disposed of as are other receipts from the sale and disposal of public lands. (U. S. C., title 43, sec. 147.) Approved, January 26, 1921 (41 Stat. 1089). |