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STATE GRANTS AND SELECTIONS.

Page. See “ Swamp lands”

593 Revised Statutes.-Section 1946-School lands in certain Territories --- 536 Sections 2378-2379—Grant to new States Selection and location of lands- 536 Section 2449—Fee-simple title to pass.

537 Act of March 2, 1895_State selections on ceded Indian reservations. 537 ARIZONA.-Act of June 20, 1910—Sections 16, 36, 2, and 32 for common

schools-Lieu selections Internal improvements--Trust fund-Mortgages prohibited-Sales and leases Commission to select

537 CALIFORNIA.-Revised Statutes, sections 2485-2487--Certain selections confirmed—Surveyed lands-Surveyed only by State--

543 Act of March 3, 1853–Public lands in California, except school and mineral lands, to be subject to preemption---

544 Act of July 23, 1866-Lieu selections Surveyor general to furnish State lists as basis for selections.-

544 Act of March 1, 1877Certain selections confirmed—Mexican grants-Innocent purchasers protected-Settlers-Mineral lands.

545 COLORADO.-Act of March 3, 1875—School lands-School fund-Mineral lands.

546 Act of April 2, 1884-Selections in lieu of mineral lands_

546 IDAHO.-Act of July 3, 1890—School lands-Sale--Leases-Selections in lieu of mineral lands..

547 Act of February 27, 1913–Selections on oil and phosphate lands_

548 MONTANA, NORTH DAKOTA, SOUTH DAKOTA, AND WASH

INGTON.-Act of February 22, 1889—School lands-Reservations excepted-Sale-Leases Selections in lieu of mineral lands..

549 Act of December 18, 1902-Certain selections in Washington confirmed - 551 Act of August 11, 1921--Section 11 of the act of February 22, 1889, amended

550 Act of February 14, 1923_Cut-over lands may be exchanged for other lands of equal value..

551 NEVADA.-Act of March 21, 1864School lands.-

552 Act of July 4, 1866–Mineral lands reserved from sale.

552 Act of June 16, 1880—2,000,000 acres granted in lieu of sections 16 and 36. 552 NEW MEXICO.---Act of June 21, 1898–School lands-Reservations excepted-Partial grant only-Commission to select-Lease-Sale..

553 Act of June 25, 1906-Section 10 of the act of June 21, 1898, amended.-- 555 Act of March 16, 1908—Sections 2275-2276, Revised Statutes, providing for selections, made applicable to New Mexico

556 Act of June 20, 1910—Sections 16, 36, 2, and 32 for common schools

Lieu selections—Internal improvements—Trust fund-Mortgages prohibited-Sales-Leases—Commission to select-

557 OREGON.-Act of February 14, 1859—School lands-Lieu selections. 562 Act of June 18, 1874Wagon roads.

562 UTAH.-Act of July 16, 1894—School lands-Reservations excepted---- 563 Act of May 3, 1902—Sections 2275-2276, Revised Statutes, providing for selections made applicable_Sections 2 and 32 added..

561 WYOMING.-Act of July 10, 1890—School lands—SaleMineral lands excepted-Lieu selections

564 STATE SELECTIONS.-Revised Statutes, sections 2275-2276-Settle

ments before survey on sections 16 and 36-Lieu lands—Deficiencies in school sections and fractional townships---

566 Act of March 3, 1893—Preference right to certain States--

568 Act of August 18, 1894—Survey of lands and preference right to certain States

568 Act of March 2, 1895—Selections of school lands on Indian reservations opened

571 Act of April 29, 1898–Settlement between the United States and Arkansas- 571 Act of April 30, 1912--Surface of coal lands to State---

571 Act of February 16, 1921–Survey of lands and preference right to Florida

569

STATE GRANTS.

Grants of public lands have been made to many of the States carved out of public-land territory for the purpose of aiding in the construction of public buildings, the support of colleges and public schools, and other public purposes. These grants have practically all been satisfied except, in some instances, the public school grants. The acts of Congress, or parts thereof, making grants to the States, of any very practical importance at the present time, and also the acts providing for indemnity selections by the States in lieu of lands within the school sections which have been otherwise appropriated, are given on the following pages.

It has been specifically provided that certain States shall not be entitled to swamp lands, but other lands have been granted in lieu thereof. Such States in which this question might be of any special importance now, and acts of Congress affecting the same, are as follows: Montana, North Dakota, South Dakota, and Washington, section 17 of the act of February 22, 1889 (25 Stat. 676); Idaho, section 11 of the act of July 3, 1890 (26 Stat. 214); Wyoming, section 11 of the act of July 10, 1890 (26 Stat. 222); Utah, section 12 of the act of July 16, 1894 (28 Stat. 107); Arizona and New Mexico, sections 7 and 25, respectively, of the act of June 20, 1910 (36 Stat. 557); Kansas, Nebraska, and Nevada, Revised Statutes, section 2479.

UNITED STATES REVISED STATUTES.

School lands in SEC. 1946. Sections numbered sixteen and thirty-six, certain Terri. tories.

in each township of the Territories of New Mexico, Utah, Colorado, Dakota, Arizona, Idaho, Montana, and Wyoming shall be reserved for the purpose of being applied to schools in the several Territories herein named, and in the States and Territories hereafter to be erected out of the same.

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Grant to new States.

5 8. 455.

Selections and locations of lands

Sec. 2378. There is granted, for purpose of internal Sept. 4, 1841, improvement, to each new State hereafter admitted into

the Union, upon such admission, so much public land as, including the quantity that was granted to such State before its admission and while under a territorial government, will make five hundred thousand acres.

Sec. 2379. The selections of lands, granted in the pregranted in last ceding section, shall be made within the limits of each

State so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved from sale by law of Congress or by proclamation of the President. The locations may be made at

section.

Ibid.

any time after the public lands in any such new State have been surveyed according to law.

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SEC. 2449. Where lands have been or may hereafter fee-simple to be granted by any law of Congress to any one of the of land to States several States and Territories, and where such law does and Territories. not convey the fee-simple title of the lands, or require 10 s. 346 : Mar. patents to be issued therefor, the list of such lands which 346.1875, 18 s. have been or may hereafter be certified by the Commissioner of the General Land Office, under the seal of his office, either as originals or copies of the originals or records shall be regarded as conveying the fee-simple of all the lands embraced in such lists that are of the character contemplated by such Act of Congress, and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such Acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby.

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

Extract from the Indian appropriation Act, approved March 2, 1895

(28 Stat. 876–899).

That any State or Territory entitled to indemnity Selection of school lands or entitled to select lands for educational reservation's purposes under existing law may select such lands within opened. the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof, purchased by the United States after allotments have been made to the Indians of such reservation, and prior to the opening of such reservation to settlement.

ARIZONA.

An Act To enable the people of New Mexico to form a constitution

and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States.

SEC. 24. That in addition to sections sixteen and thirty- Additional six, heretofore 1 reserved for the Territory of Arizona, frants for com: sections two and thirty-two in every township in said proposed State not otherwise appropriated at the date of the passage of this Act are hereby granted to the said State for the support of common schools; and where sections two, sixteen, thirty-two, and thirty-six, or any etc., lands. parts thereof, are mineral, or have been sold, reserved, or

Selections in lieu of mineral,

: Sve sec. 1946, R. S., above.

Lands in tional forests.

otherwise appropriated or reserved by or under the authority of any Act of Congress, or are wanting or fractional in quantity, or where settlement thereon with a view to preemption or homestead, or improvement thereof with a view to desert-land entry has been made heretofore or hereafter, and before the survey thereof in the field, the provisions of sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes, and acts amendatory thereof or supplementary thereto, are hereby made applicable thereto and to the selection of lands in lieu thereof to the same extent as if sections two and thirty-two, as well as

sections sixteen and thirty-six, were mentioned therein: Restrictions on Provided, however, That the area of such indemnity seindemnity selections. lections on account of any fractional township shall not

in any event exceed an area which, when added to the area of the above-named sections returned by the survey as in place, will equal four sections for fractional townships containing seventeen thousand two hundred and eighty acres or more, three sections for such townships containing eleven thousand five hundred and twenty acres or more, two sections for such townships containing five thousand seven hundred and sixty acres or more, nor

one section for such townships containing six hundred ne and forty acres or more: And provided further, That the

grants of sections two, sixteen, thirty-two, and thirty-six to said State, within national forests now existing or proclaimed, shall not vest the title to said sections in said State until the part of said national forests embracing any of said sections is restored to the public domain; but said granted sections shall be administered as a part of said forests, and at the close of each fiscal year there shall be paid by the Secretary of the Treasury to the State, as income for its common-school fund, such proportion of the gross proceeds of all the national forests within said State as the area of lands hereby granted to said State for school purposes which are situated within said forest reserves, whether surveyed or unsurveyed, and for which no indemnity has been selected, may bear to the total area of said sections when unsurveyed to be determined by the Secretary of the Interior, by protraction or otherwise, the amount necessary for such payments being appropriated and made available annually from any money in the Treasury not otherwise appropriated.

SEC. 25. That in lieu of the grant of land for purposes Internal im- of internal improvements made to new States by the

Swamp lands. eighth section of the Act of September fourth, eighteen Agricultural hundred and forty-one, and in lieu of the swamp-land colleges.

grant made by the Act of September twenty-eighth, eighteen hundred and fifty, and section twenty-four hun. dred and seventy-nine of the Revised Statutes, and in lieu of the grant of thirty thousand acres for each Sena

Lands in lieu of grants.

University

Normal schools.

Charitable institutions.

continued.

tor and Representative in Congress, made by the Act of July second, eighteen hundred and three, which grants are hereby declared not to extend to the said State, the following grants are hereby made, to wit:

For university purposes, two hundred thousand acres; for legislative, executive, and judicial public buildings State Buildings. heretofore erected in said Territory or to be hereafter erected in the proposed State, and for the payment of the bonds heretofore or hereafter issued therefor, one hundred thousand acres; for penitentiaries, one hundred Penitentiaries. thousand acres; for insane asylum, one hundred thou

Asylums. sand acres; for schools and asylums for the deaf, dumb, and the blind, one hundred thousand acres; for miners Miners' hospi. hospitals for 'disabled miners, fifty thousand acres; for tako normal schools, two hundred thousand acres; for State charitable, penal, and reformatory institutions, one hundred thousand acres; for agricultural and mechanical Agricultural colleges, one hundred and fifty thousand acres; and the colleges, national appropriation heretofore annually paid for the Appropriation agricultural and mechanical college to said Territory shall, until further order of Congress, continue to be paid to said State for the use of said institution; for school of mines, one hundred and fifty thousand acres; School of mines. for military institutes, one hundred thousand acres; and Military insti. for the payment of the bonds and accrued interest thereon County bonds. issued by Maricopa, Pima, Yavapai, and Coconino counties, Arizona, which said bonds were validated, approved, and confirmed by the Act of Congress of June sixth, eighteen hundred and ninety-six (Twenty-ninth Statutes, page two hundred and sixty-two), one million acres: Provided, That if there shall remain any of the one mil. Balance to comlion acres of land so granted, or of the proceeds of the mon schools. sale or lease thereof, or rents, issues, or other profits therefrom, after the payment of said debts, such remainder of lands and the proceeds of sales thereof shall be added to and become a part of the permanent school fund of said State, the income therefrom only to be used for the maintenance of the common schools of said State.

SEO. 26. That the schools, colleges, and universities Control of provided for in this Act shall forever remain under the schools. exclusive control of the said State, and no part of the Sectarian proproceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university.

SEO. 27. That five per centum of the proceeds of sales Use of per of public lands lying within said State which shall be common schoole. sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to the said State to be used as a permanent inviolable fund, the interest of which only shall be expended for the support of the common schools within said State.

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