An Act To amend the Act entitled "An Act to provide that the

United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916, as amended and supplemented, and for other purposes.

SEC. 15. That within two years after this Act takes effect the Secretary of Agriculture shall prepare, publish, and distribute a map showing the highways and forest roads that have been selected and approved as a part of the primary or interstate, and the secondary or intercounty systems, and at least annually thereafter shall publish supplementary maps showing his program and the progress made in selection, construction, and reconstruction.

Sec. 16. That for the purpose of this Act the consent of the United States is hereby given to any railroad or canal company to convey to the highway department of any State any part of its right of way or other property in that State acquired by grant from the United States.

Sec. 17. That if the Secretary of Agriculture determines that any part of the public lands or reservations of the United States is reasonably necessary for the right of way of any highway or forest road or as a source of materials for the construction or maintenance of any such highway or forest road adjacent to such lands or reservations, the Secretary of Agriculture shall file with the Secretary of the department supervising the administration of such land or reservation a map showing the portion of such lands or reservations which it is desired to appropriate.

If within a period of four months after such filing the said Secretary shall not have certified to the Secretary of Agriculture that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State highway department for such purposes and subject to the conditions so specified.

If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary of Agriculture, and such lands or materials shall immediately revert to the control of the Secretary of the department from which they had been appropriated.

Sec. 18. That the Secretary of Agriculture shall prescribe and promulgate all needful rules and regulations for the carrying out of the provisions of this Act, including such recommendations to the Congress and the State highway departments as he may deem necessary for preserving and protecting the highways and insuring the safety of traffic thereon.

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Approved, November 9, 1921 (42 Stat. 212-216). NOTE.—For right of way for San Francisco water supply, see the Act of December 19, 1913 (38 Stat. 242).


Page. 254




See " Isolated tracts.".
Public lands generally are not subject to sale. See Acts of March 2, 1889,

and March 3, 1891..
Revised Statutes.-Sections 2353–2364, 2369-2370, and 2373-2376—To be

offered in half quarter-sections-Private sales—No credit-Minimum
price, $1.25 an acre-Refund in certain cases-Mistakes in descrip-
tion-Agreement to prevent bids-----
Act of March 2, 1889 (25 Stat. 854)-Withdrawal of lands from private

salem Minimum price of forfeited railroad lands.--Act of March 3, 1891 (26 Stat, 1099)-Public lands not to be sold at public

auction-Indian agreements not affected..
Act of May 18, 1898 (30 Stat. 418)--Distinction between offered and un-

offered lands abolished.---
Act of March 4, 1909 (35 Stat. 1099)-Agreement to prevent bids---
Act of April 15, 1920—Relief of occupants of certain lands in Utah..
Act of May 29, 1920—-Relief of occupants of certain lands in Idaho.
Act of February 13, 1922—Sale of certain lands surveyed as Tenderfoot

Lake, Wisconsin
Act of March 20, 1922-Sale of certain lands in Coconino County, Arizona
Act of May 8, 1922-Relief of certain persons in Minnesota ---
Act of September 21, 1922--Preference right to certain persons in Ar-

kansas -


523 524 524 525

526 526 527



proceedings in,

SEC, 2353. All the public lands, the sale of which is Public sale of authorized by law, shall, when offered at public sale to quarter-sections. the highest bidder, be offered in half quarter-sections.

Sec. 2354. All the public lands, when offered at private Private sales in sale,

may be purchased at the option of the purchaser in entire sections, half-sections, quarter-section, half quarter-sections, or quarter quarter-sections.

Sec. 2355. Every person making application at any of Private sales, the land offices of the United States for the purchase at private sale of a tract of land shall produce to the register a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, halfsection, quarter-section, half quarter-section, or quarter quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office.

Sec. 2356. Credit shall not be allowed for the purchase. No credit on money on the sale of any of the public lands, but every lands. purchaser of land sold at public sale shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce to the register of the land-office a receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase-money on any tract, before he enters the same at the land-office; and if any

sales of public

Price of lands $1.25 per acre.

lands be offered


person, being the highest bidder at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales.

Sec. 2357. The price at which the public 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, 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.

[The first section of the Act of March 2, 1889, enacts that from and 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

Sec. 2358. Whenever the President is authorized to for sale in such cause the public lands in any land district to be offered

les for sale, he may offer for sale, at first, only a part of the

lands contained in such district, and at any subsequent time or times he may offer for sale in the same manner any other part, or the remainder of the land contained in

the same. Advertisement

Sec. 2359. The public lands which are exposed to public sale by order of the President shall be advertised for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided.

SEC. 2360. The public sales of lands shall, respectively, be kept open for two weeks, and no longer, unless otherwise specially provided by law.

Sec. 2361. Where two or more persons have become two or more pur 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. Purchase

SEC. 2362. The Secretary of the Interior is authorized, where sale can not upon proof being made, to his satisfaction, that any tract

the President

of sales.

Duration of sales.

Several certifi. cates issued to

chasers of same section.

money refunded

be confirmed.

Refunding in certain cases;

of land has been erroneously sold by the United States, so that from any cause the sale can not be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated.

SEC. 2363. Where any tract of land has been erroneously sold, as described in the preceding section, and how done. the money which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto.

SEC. 2364. Whenever any reservation of public lands h Minimum price, is brought into market, the Commissioner of the Gen- reservations sold. eral Land Office shall 'fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of.

Sec. 2365. Where two or more persons apply for the Highest bidder; purchase, at private sale, of the same tract, at the same in private sales. time, the register shall determine the preference, by forthwith offering the tract to the highest bidder.

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SEC. 2369. In every case of a purchaser of public Mistakes in lands, at private sale, having entered at the land office, provisions for. 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.

Sec. 2370. 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.

Mistakes in patent lands.

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