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building stone

claims.

An Act To authorize the entry of lands chiefly valuable for building stone under the placer mining laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asEntries for sembled, That any person authorized to enter lands under under placer the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims: Provided, That lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under this Act.

Timber and

stone lands in all

may be sold.

SEC. 2. That an Act entitled "An Act for the sale of public-land States timber lands in the State of California, Oregon, Nevada, and Washington Territory," approved June third, eighteen hundred and seventy-eight, be, and the same is hereby, amended by striking out the words "States of California, Oregon, Nevada, and Washington Territory," where the same occur in the second and third lines of said Act, and insert in lieu thereof the words “publicland States," the purpose of this Act being to make said Act of June third, eighteen hundred and seventy-eight, applicable to all the public-land States.

Forest reservations not affected.

SEC. 3. That nothing in this Act shall be construed to repeal section twenty-four of the Act entitled "An Act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one. Approved, August 4, 1892 (27 Stat. 348).

TOWN SITES, PARKS, AND CEMETERIES.

Page.

For town sites in Alaska, see 46 Alaska."

Revised Statutes.-Section 2286-Preemptions by counties for seats of justice

611

Sections 2380-81-Town sites to be reserved by the President_.
Sections 2382-2386--Town sites on public lands platted by occupants----
Sections 2387-2389 and 2391-2394-Town site entry by town authorities
in trust for occupants-Mineral lands_-.

612

612

613

Act of March 3, 1877-Limit of reservations for town sites__

615

Act of March 3, 1891-Town sites on mineral lands not to include mining rights -

616

Act of July 9, 1914-Patents to assignees of lots_

617

TOWN SITES WITHIN GOVERNMENT RECLAMATION PROJ-
ECTS.-Act of April 16, 1906-The Secretary of the Interior may with-
draw lands for town sites-Limit of area-Disposal__
Act of June 27, 1906-Disposal-Limitation as to area removed.
Act of June 11, 1910--Reappraisement of unsold lots-Manner of pay-
ment.

617

618

619

ALIENS.-Act of March 2, 1897-Town lots or mining claims may be acquired

620

PARKS AND CEMETERIES.-Act of September 30, 1890-Cities may purchase lands for_

620

Act of March 1, 1907-Religious or fraternal associations or private corporation___

620

CEDED INDIAN LANDS ARIZONA AND CALIFORNIA.-Act of
April 30, 1908-Yuma and Colorado River Reservations.
IDAHO.-Act of June 21, 1906-Coeur d'Alene Reservation_
MINNESOTA.-Act of February 9, 1903-Ceded Indian lands.
MONTANA.-Act of April 27, 1904-Crow Reservation_
Act of June 21, 1906-Flathead Reservation__.
Act of March 1, 1907-Blackfeet Reservation_

621

621

621

Act of May 30, 1908-Fort Peck Reservation__.

NEVADA.-Act of May 27, 1902-Walker River Reservation__

NORTH DAKOTA AND SOUTH DAKOTA.-Act of May 29, 1908

Cheyenne River and Standing Rock Reservations____

Act of June 1, 1910-Fort Berthold Reservation__

SOUTH DAKOTA.-Act of March 2, 1907-Rosebud Reservation_

Act of May 27, 1910-Pine Ridge Reservation___

UTAH,-Act of March 3, 1905-Uintah Reservation__

623

624

624

624

625

626

626

627

627

628

WASHINGTON.-Act of March 22, 1906-Colville Reservation___
Act of May 29, 1908-Spokane Reservation-----
WYOMING.-Act of March 3, 1905-Shoshone or Wind River Reserva-
tion ---

UNITED STATES REVISED STATUTES.

Preemptions by counties for seats

SEC. 2286. There shall be granted to the several counties or parishes of each State and Territory, where there of are public lands, at the minimum price for which public 4 lands of the United States are sold, the right of preemption to one quarter section of land, in each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but the proceeds of the sale of each of such

justice. s. 50.

May 26, 1824,

quarter sections shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located.

*

Town sites to SEC. 2380. The President is authorized to reserve from be reserved by President. Mar. the public lands, whether surveyed or unsurveyed, town 3, 1863, 12 S. sites on the shores of harbors, at the junction of rivers, 1877, 19 S. 392. important portages, or any natural or prospective centers of population.

754; Mar. 3,

Reservations to be surveyed into lots.

12 S. 754.

SEC. 2381. When, in the opinion of the President, the public interests require it, it shall be the duty of the Mar. 3, 1863, Secretary of the Interior to cause any of such reservations, or part thereof, to be surveyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entry according to such regulations as the Secretary of the Interior may prescribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shall be conducted by the register and receiver of the land office in the district in which the reservations may be situated, in accordance with the instructions of the Commissioner of the General Land Office.

Town or city

lands platted occupants.

July 1, 1864, 13 S. 343.

SEC. 2382. In any case in which parties have already sites ont pu by founded, or may hereafter desire to found, a city or town on the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size. of the same, with measurements and area of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improvements; such map and statement to be verified under oath by the party acting for and in behalf of the persons' proposing to establish such city or town; and within one month after such filing there shall be transmitted to the General Land Office a verified transcript of such map and statement, accompanied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises are within the limits of an organized land district, a similar map and statement shall be filed with the register and receiver, and at any time.

after the filing of such map, statement, and testimony in the General Land Office it may be lawful for the President to cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of ten dollars for each lot, and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at reasonable increase or diminution thereafter as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements shall be entitled to prove up and purchase the same as a preemption, at such minimum, at any time before the day fixed for the public sale.

how adjusted.

towns are not

12

SEC. 2383. When such cities or towns are established When towns established upon upon unsurveyed lands, it may be lawful, after the exten- unsurveyed lands, sion thereto of the public surveys, to adjust the extension extension limits, limits of the premises according to those lines, where it Ibid. can be done without interference with rights which may be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases. SEC. 2384. If within twelve months from the estab- When translishment of a city or town on the public domain, the cript maps of parties interested refuse or fail to file in the Generalfiled Land Office a transcript map, with the statement and ings by Secretary testimony called for by the provisions of section twenty- of the Interior. three hundred and eighty-two, it may be lawful for the Secretary of the Interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum of ten dollars per lot.

months, proceed.

Ibid.

Where size of lots or town plat

rule.

SEC. 2385. In the case of any city or town, in which the lots may be variant as to size from the limitation vary from general fixed in section twenty-three hundred and eighty-two, Mar. 3, 1865, and in which the lots and buildings, as municipal im- 13 S. 530. provements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish.

SEC. 2386. Where mineral veins are possessed, which possession is recognized by local authority, and to the extent so possessed and recognized, the title to townlots to be acquired shall be subject to such recognized

Title to lots subject to min

eral rights.

Ibid.

Entry of town authorities in

pants.

23, 1874, 18 S. 254.

possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States.

SEC. 2387. Whenever any portion of the public lands trust for occu- have been or may be settled upon and occupied as a Mar. 2, 1867, town-site, not subject to entry under the agricultural pre14 s. 541; June emption laws, it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land-office, and at the minimum price, the land so settled and occupied in trust for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated.

Entry under preceding section, Ibid.

SEC. 2388. The entry of the land provided for in the when to be made. preceding section shall be made, or a declaratory statement of the purpose of the inhabitants to enter it as a town-site shall be filed with the register of the proper land-office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States; but in any Territory in which a land-office may not have been established, such declaratory statements may be filed with the surveyor-general. of the surveying-district in which the lands are situated, who shall transmit the same to the General Land-Office. SEC. 2389. If upon surveyed lands, the entry shall in ber of inhabit its exterior limit be made in conformity to the legal subMar. 2, 1867, divisions of the public lands authorized by law; and 14 S. 541; June where the inhabitants are in number one hundred, and 254; Mar. 3, less than two hundred, shall embrace not exceeding three hundred and twenty acres; and in cases where the inhabitants of such town are more than two hundred, and less than one thousand, shall embrace not exceeding six hundred and forty acres; and where the number of inhabitants is one thousand and over one thousand, shall embrace not exceeding twelve hundred and eighty acres; but for each additional one thousand inhabitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres shall be allowed.

Entry in proportion to num

ants.

23, 1874, 18 S.

1877, 19 S. 392.

Certain acts of

void.

[blocks in formation]

trustees to be SEC. 2391. Any act of the trustees not made in conformity to the regulations alluded to in section twenty14 8. 641; June three hundred and eighty-seven shall be void.

Mar. 2, 1867,

23, 1874, 18 8.

254.

No title ac

quired to gold SEC. 2392. No title shall be acquired, under the foremine or mining going provisions of this chapter, to any mine of gold,

claim.

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