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An Act Validating locations of deposits of phosphate rock heretofore made in good faith under the placer-mining laws of the United States.

for phosphate

Be it enacted by the Senate and House of Representatives Placer locations of the United States of America in Congress assembled, rock validated. That where public lands containing deposits of phosphate rock have heretofore been located in good faith under the placer-mining laws of the United States and upon which assessment work has been annually performed, such locations shall be valid and may be perfected under the provisions of said placer-mining laws, and patents whether heretofore or hereafter issued thereon shall give title to and possession of such deposits: Provided, That this Act Application reshall not apply to any locations made subsequent to the withdrawal of such lands from location, nor shall it apply to lands included in an adverse or conflicting lode focation unless such adverse or conflicting location is abandoned.

Approved, January 11, 1915 (38 Stat., 792).

stricted.

Public lands in Minnesota subject

laws.

MINNESOTA DRAINAGE.

Act of May 20, 1908 (35 Stat., 169)—Public lands in Minnesota subject to State drainage laws.

An Act To authorize the drainage of certain lands in the State of

Minnesota.

Be it enacted by the Senate and House of Representatives to State drainage of the United States of America in Congress assembled, That all lands in the State of Minnesota, when subject to entry, and all entered lands for which no final certificates have issued, are hereby made and declared to be subject to all of the provisions of the laws of said State relating to the drainage of swamp or overflowed lands for agricultural purposes to the same extent and in the same manner in which lands of a like character held in private Rights, etc., to ownership are or may be subject to said laws: Provided, That the United States and all persons legally holding unpatented lands under entries made under the publicland laws of the United States are accorded all the rights, privileges, and benefits given by said laws to persons holding lands of a like character in private ownership.

be accorded.

Apportionment of cost.

assessed charges.

SEC. 2. That the cost of constructing canals, ditches, and other drainage works incurred in connection with any drainage project under said laws shall be equitably apportioned among all lands held in private ownership, all lands covered by unpatented entries, and all unentered Certified lists of public lands affected by such project; and officially certified lists showing the amount of the charges assessed against each smallest legal subdivision of such lands shall be furnished to the register and receiver of the land district in which the lands affected are located as soon as said charges are assessed, but nothing in this act shall United States be construed as creating any obligation on the United States to pay any of said charges.

not liable.

Sale for charges.

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SEC. 3. That all charges legally assessed may be enforced against any unentered lands, or against any lands covered by an unpatented entry, by the sale of such lands subject to the same manner and under the same proceedings under which such charges would be enforced against lands held in private ownership.

SEC. 4. That when any unentered lands, or any lands covered by an unpatented entry, have been sold in the manner mentioned in this act, a statement of such sale showing the price at which each legal subdivision was sold shall be officially certified to the register and receiver immediately after the completion of such sale.

chasers on paying

SEC. 5. That at any time after any sale of unentered Patents to purlands has been made in the manner and for the purposes price. mentioned in this act patent shall issue to the purchaser thereof upon payment to the receiver of the minimum price of one dollar and twenty-five cents per acre, or such other price as may have been fixed by law for such lands, together with the usual fees and commissions charged in entry of like lands under the homestead laws. But Limitations. purchasers at a sale of unentered lands shall have the qualification of homestead entrymen and not more than one hundred and sixty acres of such lands shall be sold to any one purchaser under the provisions of this act. This limitation shall not apply to sales to the State, but Sale to State shall apply to purchases from the State of unentered excepted. lands bid in for the State. Any part of the purchase Disposal of exmoney arising from the sale of any lands in the manner cess of charges. and for the purposes provided in this act which shall be in excess of the payments herein required and of the total drainage charges assessed against such lands shall also be paid to the receiver before patent is issued.

Purchase of un

patented entries.

cess.

if

SEC. 6. That any unpatented lands sold in the manner and for the purposes mentioned in this act may be patented to the purchaser thereof at any time after the expiration of the period of redemption provided for in the drainage laws under which it may be sold (there having been no redemption) upon the payment to the receiver of the fees and commissions and the price mentioned in the preceding section, or so much thereof as has not already been paid by the entryman; and if the sum received at any such sale shall be in excess of the payments Payment of exherein required and of the drainage assessments and cost of the sale, such excess shall be paid to the proper county officer for the benefit of and payment to the entryman. That unless the purchasers of unentered lands shall, Forfeiture, within ninety days after the sale provided for in sec- paid in ninety tion three, pay to the proper receiver the fees, commis- days. sions, and purchase price to which the United States may be entitled, as provided in section five, and unless the purchasers of entered lands shall, within ninety days after the right of redemption has expired, make like payments, as provided for in this section, any person having the qualifications of a homestead entryman may pay to Rights of subthe proper receiver for not more than one hundred and ers. sixty acres of land for which such payment has not been made: First, the unpaid fees, commissions, and Disposal of propurchase price to which the United States may then be entitled; and, second, the sum at which the land was sold at the sale for drainage charges, and in addition thereto, if bid in by the State, interest on the amount bid by the State at the rate of seven per centum per annum from the date of such sale, and thereupon the person making such payment shall become subrogated to the rights of such purchaser to receive a patent for said

sequent purchas

ceeds.

Right of appeal.

Chippewa Indian lands.

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land. When any payment is made to effect such subrogation the receiver shall transmit to the treasurer of the county where the land is situated the amount at which the land was sold at the sale for drainage charges, together with the interest paid thereon, if any, less any sum in excess of what may be due for such drainage charge, if the land when sold was unentered.

SEC. 7. That a copy of all notices required by the drainage laws mentioned in this act to be given to the owners or occupants of lands held in private ownership shall, as soon as such notices issue, be delivered to the register and receiver of the proper district land office in cases where unentered lands are affected thereby and to the entrymen whose unpatented lands are included therein, and the United States and such entrymen shall be given the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership; and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. SEC. 8. That hereafter homestead entries and final Homestead en- proofs may be made upon all ceded Chippewa Intries may be dian lands in Minnesota embraced in the withdrawal under the act of June twenty-first, nineteen hundred and six, entitled "An act making appropriations for the current and contingent expenses of the Indian Departpartment" (Thirty-fourth Statutes at Large, page three hundred and twenty-five), and patents may issue thereon as in other homestead cases, upon the payment by the entryman of the price prescribed by law for such land and on entries on the ceded Red Lake Reservation in addition thereto the sum of three cents per acre to repay the cost of the drainage survey thereof, which addition shall be disposed of the same as the other proceeds of said land.

made thereon.

Patents, etc.

Approved, May 20, 1908 (35 Stat., 169).

OFFICERS, CLERKS, AND EMPLOYEES.

Revised Statutes, Sec. 452-Officers, clerks, and employees of the General Land Office prohibited from purchase, entry, etc., of public lands.

Act of March 3, 1879 (20 Stat., 394)-Officials of the Geological Survey to have no interest in lands or mineral wealth of region under survey.

UNITED STAtes revised STATUTES.

upon officers,

SEC. 452. The officers, clerks, and employees in the Restriction General Land Office are prohibited from directly or indi- clerks, and em rectly purchasing or becoming interested in the purchase ployees. Apr. 25, 1812, of any of the public land; and any person who violates 2 s., 717; July 4, this section shall forthwith be removed from his office.

ACT OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

Extract from the sundry civil appropriation act, approved March 3, 1879

(20 Stat., 394). ·

1836, 5 S., 112.

the Geological

in

lands under sur

Provided, That this officer [the Director of the Geo- Employees of logical Survey] shall have the direction of the Geological Survey to have Survey, and the classification of the public lands and no interest examination of the Geological Structure, mineral re- vey. sources and products of the national domain. And that the Director and members of the Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or examinations for private parties or corporations.

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