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Revised Statutes, Secs. 2479–2484_Grant of swamp and overflowed

lands to certain States—Secretary of the Interior to furnish lists to Governors--Legal subdivisions mostly wet-Indemnity for lost

lands-Patents—Selections confirmed. Secs. 2488–2490—Swamp lands in California.

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, Sec. 17 of the act of February 22, 1889 (25 Stat., 676); Idaho, Sec. 11 of the act of July 3, 1890 (26 Stat., 214); Wyoming, Sec. 11 of the act of July 10, 1890 (26 Stat., 222); Utah, Sec. 12 of the act of July 16, 1894 (28 Stat., 107); Arizona and New Mexico, Secs. 7 and 25, respectively, of the act of June 20, 1910 (36 Stat., 557); Kansas, Nebraska and Nevada, Revised Statutes, Soc. 2479.

UNITED STATES REVISED STATUTES.

Grant of swamp and overflowed

States to aid in construction levees.

SEC. 2479. To enable the several States (but not inlands to certain cluding the States of Kansas, Nebraska, and Nevada) to

of construct the necessary levees and drains, to reclaim the Sept. 28, 1850, swamp and overflowed lands therein—the whole of the 9 st. 519; Mar. 12 swamp and overflowed lands, made unfit thereby for cul19, 1874, 18°., 16 tivation, and remaining unsold on or after the twenty

eighth day of September A. D. eighteen hundred and fifty, are granted and belong to the several States respectively, in which said lands are situated: Provided, however, That said grant of swamp and overflowed lands, as to the State of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified, as applicable to said three lastnamed States respectively,

SEC. 2480. It shall be the duty of the Secretary of the ists of such lands, Interior, to make accurate lists and plats of all such to the governors lands, and transmit the same to the governors of the

several States in which such lands may lie, and at the request of the governor of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the fee

simple of said land. Sept. 28, 1850, The proceeds of said lands, whether from sale or by 98., 519.

direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains.

SEC. 2481. In making out lists and plats of the lands for aforesaid all legal subdivisions, the greater part whereof is

wet and unfit for cultivation, shall be included in said

Secretary of the Interior to make

ot States.

Legal subdivisions mostly wet and unfit cultivation.

to where

sold by United

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to States.

lists and plats, but when the greater part of a subdivision Ibid. is not of that character, the whole of it shall be excluded therefrom.

SEC. 2482. Upon proof by the authorized agent of the Indemnity State, before the Commissioner of the General Land- lands have been Office, that any of the lands purchased by any person States. from the United States, prior to March 28, 1855, were 3.Mor. 2, 1855, 10 “swamp-lands," within the true intent and meaning of the act entitled “An act to enable the State of Arkansas and other States to reclaim the swamp-lands within their limits," approved September twenty-eight, eighteen hunhundred and fifty, the purchase-money shall be paid over to the State wherein said land is situate; and when the lands have been located by warrant or scrip, the said State shall be authorized to locate a like quantity of any of the public lands subject to entry, at one dollar and twenty-five cents per acre, or less, and patents shall issue therefor. The decision of the Commissioner of the General Land-Office shall be first approved by the Secretary of the Interior.

SEC. 2483. The President of the United States shall , Patents to issue cause patents to be issued to the purchaser or purchasers, to purchasers and locator or locators, who made entries of the public lands issuing of patents claimed as swamp lands, either with cash or land-warrants, or scrip, or under any homestead or pre-emption Ibid. laws prior to the issue of patents to the State or States: Provided, That in all cases where any State through its constituted authorities, may have sold or disposed of any tract or tracts of land prior to the entry sale or location of the same under the pre-emption or other laws of the United States, no patent shall be issued by the President for such tract or tracts of land, until such State through its constituted authorities, shall release its claim thereto in such form as shall be prescribed by the Secretary of the Interior. In all cases where such State did not within ninety days from the second day of March, 1855, the date of an act entitled, "An act for the relief of purchasers and locators of swamp and overflowed lands,” through its constituted authorities, return to the General Land Office of the United States, a list of all the lands sold as aforesaid, together with the dates of such sales and the names of the purchasers, the President shall issue patents to persons who made such entries of the public lands so claimed as swamp-land.

SEC. 2484. All lands selected and reported to the Gen- Selection of eral Land-Office as swamp and overflowed land by the flowed lands conseveral States entitled to the provisions of said act of "Mar. 3, 1857, 11 Sept. 28, 1850, prior to March third, A. D. eighteen hun- s., dred and fifty-seven, are confirmed to said States respectively so far as the same remained vacant and unappropriated and not interfered with by an actual settlement under any law of the United States.

251.

Swamp

and overflowed lands

cases.

July 23, 1866, 14 S., 219,

SEC. 2488. It shall be the duty of the Commissioner to be certified to of the General Land Office, to certify over to the State year, in certain of California as swamp and over-flowed lands, all the

lands represented as such upon the approved township surveys and plats, whether made before or after the 23d day of July, 1866, under the authority of the United States.

The surveyor-general of the United States for California, shall under the direction of the Commissioner of the General Land Office, examine the segregation maps and surveys of the swamp and overflowed lands, made by said State; and where he shall find them to conform to the system of surveys adopted by the United States, he shall construct and approve township plats accordingly, and forward to the General Land Office for approval.

În segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land.

In case such State surveys are found not to be in accordance with the system of the United States surveys, and in such other townships as no survey has been made by the United States, the Commissioner shall direct the surveyor-general, to make segregation surveys, upon application to the surveyor-general, by the governor of said State, within one year of such application, of all the swamp and overflowed land in such townships, and to report the same to the General Land Office, representing and describing what land was swamp and overflowed, under the grant, according to the best evidence he can obtain.

If the authorities of said State, shall claim as swamp and overflowed, any land not represented as such upon the map or in the returns of the surveyors, the character of such land at the date of the grant September twentyeight, eighteen hundred and fifty, and the right to the same shall be determined by testimony, to be taken before the surveyor-general, who shall decide the same, subject to the approval of the Commissioner of the General Land Office.

SEC. 2489. It shall be the duty of the Commissioner of sent to General the General Land Office, to require the officers of the

local land-offices in said State (in case the same has not already been done) and the surveyor-general immediately to forward lists of all selections made by the State hereinbefore specified and lists and maps of all swamp and overflowed lands, claimed by said State or surveyed as provided in the ten preceding sections, for final disposition and determination, which final disposition shall be made by the Commissioner of the General Land Office without delay.

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List of lands selected to be

Land Office.

Ibid.

Sec. 2490. The provisions of the act of Congress entended to Minne titled "An act to enable the State of Arkansas and other sota and Oregon, States to redeem” the swamp lands within their limits, 98., 1519; Mar. 12, approved September 28, A. D. 1850, extend to the States 1860, 12 8., 3. of Minnesota and Oregon: Provided, That the grant shall not include any lands which the Government of the United States may have sold or disposed of under any law, enacted prior to March 12, 1860, prior to the confirmation of title to be made under the authority of said act-and the selections to be made from lands already surveyed in each of the States last named, under the authority of the act aforesaid, shall have been made within two years from the adjournment of the legislature of each State, at its next session after the 12th day of March, A. D. 1860-and as to all lands surveyed or to be surveyed, thereafter, within two years from such adjournment, at the next session after notice by the Secretary of the Interior to the governor of the State, that the surveys have been completed and confirmed.

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TIMBER.

Page.

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Act of June 3, 1878 (20 Stat., 88)—Timber on mineral lands in

certain States may be taken for certain purposes Not ex-
tended to railroads-- Penalty for taking for unauthorized pur-
poses...
Act of June 15, 1880 (21 Stat., 237)—Entry and payment of price

to stop suit for trespass..
Act of March 3, 1891 (26 Stat., 1093)-Defense in criminal pros-

ecutions in certain States if timber is used for certain pur

poses...
Act of February 13, 1893 (27 Stat., 444)-Act of March 3, 1891,

extended to New Mexico and Arizona..
Act of July 1, 1898 (30 Stat., 618)—Citizens of Idaho and Wyo-

ming may be permitted to cut certain timber...
Act of March 3, 1901 (31 Stat., 1439) —Act of March 3, 1891,

extended to California, Oregon, and Washington...
Act of June 4, 1897 (30 Stat., 35)—Sale of timber within forest

reserves-Use by settlers..
Act of March 4, 1913 (37 Stat., 839)-Timber sold from forests

may be exported from State..
Act of March 4, 1909 (35 Stat., 1098)—Timber depredations on

public lands-Penalty..
Act of August 10, 1912 (37 Stat., 287)—Sale of timber within

forest reserves for domestic use.
Act of March 4, 1913 (37 Stat., 1015)-Sale of timber killed by

forest fires...

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366

purposes.

An Act Authorizing the citizens of Colorado, Nevada and the Terri

tories to fell and remove timber on the public domain for mining and domestic purposes.

Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, Timberon min. That all citizens of the United States and other persons, taken for certain bona fide residents of the State of Colorado, or Nevada,

or either of the territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, authorized and permitted to fell, and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time bona fide residents, subject to such rules and regulations as the Secretary of the Interior may prescribe for

the protection of the timber and of the undergrowth Not to extend to railroadstrepo growing upon such lands, and for other purposes: Pro

vided, the provisions of this act shall not extend to railroad corporations.

rations.

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