Sidebilder
PDF
ePub
[ocr errors][merged small][merged small]

Act of June 25, 1910 (36 Stat., 847)—The President is authorized

to withdraw public lands for public purposesCertain rights

not affected.. Act of August 24, 1912 (37 Stat., 497)—Subject to mining laws,

and certain other rights....

391

392

[ocr errors]

for

.

claimants.

An Act To authorize the President of the United States to make with

drawals of public lands in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That lemporary

withdrawals by the President may, at any time in his discretion, tempo- President rarily withdraw from settlement, location, sale, or entry gation, etc.

power sites, irriany of the public lands of the United States including the District of Alaska and reserve the same for waterpower sites, irrigation, classification of lands, or other public purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an act of Congress.

SEC. 2. That all lands withdrawn under the provisions Mining, rights of this act shall at all times be open to exploration, dis- continued. covery, occupation, and purchase, under the mining laws of the United States, so far as the same apply to minerals other than coal, oil, gas, and phosphates: Provided, That Rights of bona the rights of any person who, at the date of any order of fidamol or gas withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands, and who, at such date, is in diligent prosecution of work'leading to discovery of oil or gas, shall not be affected or impaired by such order, so long as such occupant or claimant shall continue in diligent prosecution of said work: And provided further, That this act shall not be Status of prior construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to the passage of this act: And provided Homestead, etc. further, That there shall be excepted from the force and

settlements

copted. effect of any withdrawal made under the provisions of this act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement

claims.

[ocr errors]

new forest reserves.

Restriction on was made: And provided further, That hereafter no forest

reserve shall be created, nor shall any additions be made to one heretofore created within the limits of the States of Oregon, Washington, Idaho, Montana, Colorado, or

Wyoming, except by act of Congress. Report of with- SEC. 3. That the Secretary of the Interior shall report drawals to Con all such withdrawals to Congress at the beginning of its

next regular session after the date of the withdrawals.

Approved, June 25, 1910 (36 Stat., 847).

gas

claimants.

An Act To amend section two of an act to authorize the President of the

United States to make withdrawals of public lands in certain cases, approved June twenty-fifth, nineteen hundred and ten.

Be it enacted by the Senate and House of Representatives Withdrawals for of the United States of America in Congress assembled, That specific purposes. section two of the act of Congress approved June twenty

fifth, nineteen hundred and ten (Thirty-sixth Statutes at large, page eight hundred and forty-seven), be, and

the same hereby is, amended to read as follows: Mining, rights “SEC. 2. That all lands withdrawn under the provicontinued

sions of this act shall at all times be open to exploration, discovery, occupation, and purchase under the mining

laws of the United States, so far as the same apply to Rights of bona metalliferous minerals: Provided, That the rights of any

person who, at the date of any order of withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such

order so long as such occupant or claimant shall continue Status of prior in diligent prosecution of said work: Provided further, That

this act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of

such lands made prior to June twenty-fifth, nineteen Homesteads, hundred and ten: And provided further, That there shall etc., not affected.

be excepted from the force and effect of any withdrawal made under the provisions of this act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or

settler shall continue to comply with the law under which Creation of for- the entry or settlement was made: And provided further,

That hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress.

Approved, August 24, 1912 (37 Stat., 497).

claims.

re

est reserves stricted.

APPENDIX.

FEES AND COMMISSIONS.

In Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming the following fees and commissions are allowed by law to Registers and Receivers:

Declaratory Statements: Preemption declaratory statement..

$3.00 Soldiers' and sailors' homestead declaratory statement...

3. 00 Coal land declaratory statement..

3. 00 Reservoir declaratory statement (Act of January 13, 1897)

3. 00 Mineral and Coal Applications and Adverse Claims: For filing and acting upon each application for a patent.

10. 00 For filing and acting upon each adverse claim...

10.00 Timber and Stone Applications: For filing and acting upon each application to purchase Timber and Stone lands. 10.00

Homestead Applications: For 160 acres, at $1.25 per acre: Fee...

$10.00 Commissions.

6.00

16.00 For 80 acres, at $1.25 per acre: Fee...

5. 00 Commissions.

3. 00

8. 00 For 40 acres, at $1.25 per acre: Fee..

5.00 Commissions.

1. 50

6. 50 For 160 acres, at $2.50 per acre: Fee..

10.00 Commissions.

12.00

22. 00 For 80 acres, at $2.50 per acre: Fee...

5. 00 Commissions.

6. 00

11.00 For 40 acres, at $2.50 per acre: Fee...

5. 00 Commissions.

3. 00

8. 00 Final Homestead Commissions: For 160 acres, at $1.25 per acre.

6.00 For 80 acres, at $1.25 per acre..

3. 00 For 40 acres, at $1.25 pre acre..

1. 50 For 160 acres, at $2.50 per acre..

12.00 For 80 acres, at $2.50 per acre..

6.00 For 40 acres, at $2.50 per acre.

3. 00 Note.—The commissions must be tendered with the homestead proof, together with testimony fees at 227 cents per 100 words. The commissions are not earned unless the proof is approved.

[ocr errors]

а

Donation Claims:
For each Final Certificate of 160 acres

$5.00 For each Final Certificate for 320 acres

10.00 For each Final Certificate for 640 acres..

15. 00 NOTE.—The moneys are earned irrespective of the action taken.

Military Bounty Land Warrants and Porterfield Warrants:
For locating a 160-acre warrant.

4. 00 For locating a 120-acre warrant.

3.00 For locating a 80-acre warrant.

2. 00 For locating a 60-acre warrant.

1. 50 For locating a 40-acre warrant.

1.00 No fees are chargeable on warrants issued prior to February 11, 1847.

Revolutionary bounty-land scrip is received and accounted for as cash, and no fee is chargeable to parties presenting such scrip.

Sales of public lands:
The commissions of registers and receivers on cash sales of the public lands are paid
by the United States, and no fees or commissions on such sales are chargeable to the
purchasers, except in cases of homestead entries on ceded Indian reservations affected
by the act of May 17, 1900 (31 Stat., 179), and commuted under the provisions of the
act of January 26, 1901 (31 Štat., 740), in which cases the entryman is required to pay
a commission of 2 per cent on the cash price of the land (31 L. D., 106). In cases of
timber sales in Alaska, the Comptroller of the Treasury has held that the sale of timber
is a sale of land and that the Register and Receiver are entitled to 14 per cent each
commissions on sales of such timber.

State selections:
For each final location of 160 acres (or fraction thereof) under any grant of
Congress to States (except for agricultural colleges)..

$2.00 No fees are chargeable on State swamp-land selections, but a fee of $2 is to be collected on each location of 160 acres, or fraction thereof, made with swamp-land indemnity certificates.

Railroad selections:
For each final location of 160 acres (or fraction thereof) by railroad or other
corporations...

$2.00
Agricultural college scrip:
For each piece of agricultural college scrip located...

4. 00 Private Land Scrip, Valentine Scrip: For each piece of scrip filed on unsurveyed lands...

1.00 For each location of scrip..

1.00 Supreme Court Scrip:

No fees or commissions are allowed on the location of Supreme Court Scrip, nor on the location of Indian Scrip or other private land scrip, except as specifically provided for by law or instructions.

Reducing Testimony to Writing:

Fees for reducing testimony to writing are allowed at the rate of 221 cents for each 100 words, in the following cases:

(1) Making final proof in preemption cases when the writing is done in the local land office.

(2) Making final proof in commuted and noncommuted homestead and timber culture cases, irrespective of the fact whether or not the writing is done in the local land office, as the fees are allowed for “examining and approving the proof.”'

(3) In establishing claims to mineral lands. However, at present there is no proof in mineral lands which would be reduced to writing in the local land office and entitling the collection of testimony fees.

(4) In establishing claims to Timber and Stone lands.
(5) In hearings before Registers and Receivers in contest cases.

(6) In making final proof on desert-land claims, when the testimony is reduced to writing in the local land offices.

Transcripts from Records: Registers and Receivers are entitled to charge at the rate of 10 cents per 100 words for making transcripts of their records for individuals.

Plats and Diagrams: Under the second section of the Act of March 3, 1883, authorizing a charge to be made for plats, diagrams, etc., the fees for the same are hereby fixed as follows: For a diagram showing entries only...

$1. 00 For a township plat showing entries, names of claimants, and character of entry. 2.00 For a township plat showing entries, names of claimants, character of entry, and number..

3. 00 For a township plat showing entries, names of claimants, character of entry, number and date of filing or entry, together with topography, etc..... 4. 00

Lists for Taxation Purposes: For lists of lands sold, which are construed to mean lists of final certificates furnished State or territorial authorities for the purposes of taxation, 10 cents per entry.

Cancellation Fees: For giving notices to contestants of the cancellation of any homestead, preemption, or timber-culture entry...

$1.00 In Alabama, Arkansas, Florida, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, and Wisconsin, the following fees and commissions are allowed by law to Registers and Receivers:

Declaratory statements: Preemption declaratory statement..

$2.00 Soldiers and sailors' homestead declaratory statement.

2. 00 Coal land declaratory statement.,

2. 00 Reservoir declaratory statement (act Jan. 13, 1897).

2. 00 Mineral Applications and Adverse Claims: For filing and acting upon each application for a patent..

10.00 For filing and acting upon each adverse claim....

10.00 Timber and Stone Applications: For filing and acting upon each application to purchase timber and stone lands....

10.00 Homestead Applications: For 160 acres, at $1.25 per acre: Fee..

$10.00 Commissions.

4. 00

14.00 For 80 acres, at $1.25 per acre: Fee...

5. 00 Commissions..

2.00

7.00 For 40 acres, at $1.25 per acre: Fee..

5. 00 Commissions.

1. 00

6.00 For 160 acres, at $2.50 per acre: Fee..

10.00 Commissions.

8. 00

18.00 For 80 acres, at $2.50 per acre: Fee....

5. 00 Commissions..

4. 00

9.00 For 40 acres, at $2.50 per acre: Fee..

5. 00 Commissions.

2. 00

« ForrigeFortsett »