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GRAZING LEASES

Cross references: See subtitle " Grazing," under "Alaska," p. 19; "National Parks," p. 376.

An Act Authorizing the Secretary of the Interior to enter into a cooperative agreement or agreements with the State of Montana and private owners of lands within the State of Montana for grazing and range development, and for other purposes

private land

area to stockmen.

authorized.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby Public lands. authorized to enter into a cooperative agreement or agree- Agreement with ments with the State of Montana and private owners Montana and of such lands in townships 4 north of ranges 50 and 51 owners, for lease east; 5 north of ranges 49, 50, and 51 east; and 6 north of designated of ranges 49, 50, and 51 east, Montana principal meridian, as lie between Mizpah and Pumpkin Creeks, in the State of Montana, whereby such lands and lands within the same area belonging to the United States may be jointly leased for a period of not to exceed ten years to stockmen owning lands within or adjacent to the said area, under such rules and regulations as the Secretary of the Interior may prescribe; and to enter into such Associations an agreement and issue such a lease to a regularly organized association of such stockmen as will fulfill the purposes of this Act: Provided, That the lands of the United Provisos. States within the said area shall be withdrawn from all Lands withdrawn forms of homestead entry during the period of said lease from homestead but shall remain subject to the mineral land laws of the entry, but subUnited States: And provided further, That any lease Leases for grazissued under the provisions of this Act shall be for graz- ing and range ing and range development purposes only: And provided purposes only. further, That the Secretary of the Interior is hereby Cooperation authorized to cooperate with any department of the Gov- partments, for ernment in carrying out the purposes of this Act with a stock industry. view to securing the fullest possible benefit to the Government and the livestock industry of such studies as may be made of the operation and results of said cooperative agreements and leases.

Approved, March 29, 1928 (45 Stat. 380).

An Act To authorize the Secretary of the Interior to exchange certain lands within the State of Montana, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

11992-31- -11

ject to minerals.

with other de

benefit of live

155

Public lands.

Montana.

Acceptance of lands from, in exchange, for

sess., p. 380.

sembled, That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to accept on behalf of the United States title to any lands now owned and held by the State of Montana within the exterior boundunreserved lands, aries of the district described in the Act of Congress approved March 29, 1928 (Forty-fifth Statutes at Large, page 380), and in exchange therefor may patent to said Public Laws, 1st State of Montana not to exceed an area of equal value of unreserved public land within the State of Montana surveyed and nonmineral in character: Provided, That before any such exchange is effected notice of the contemplated exchange shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be given in such exchange. Lands conveyed to the United States under this Act shall, upon acceptance of title, become subject to the provisions of

Proviso.

Publication of proposed exchange.

Leases for graz

ing, etc., on.

Public Laws, 1st said Act of March 29, 1928.

Bess., p. 380.

Approved, March 1, 1929 (45 Stat. 1430).

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Cross references: See "Abandoned Military Reservations," p. 1; "Alaska," p. 24; "Drainage," p. 119; subtitle " Segregation of Lands for Homestead Entry" under 'Forest Reserves," p. 130; subtitle "Indian Homesteads under Indian Lands," p. 254; "Preemptions," p. 389; subtitle "Settlers, Adjustments, and Forfeitures," under "Railroad Grants," p. 457; sec. 3 of the "Reclamatio nAct," and subtitles "Relief of Homestead Entrymen and Settlers on Reclamation Projects," "Assignments of Completed Homestead Entries," "Patents and Final Water-Right Certificates," and Taxation of Homestead and Desert-Land Entries." under "Reclamation," pp. 490, 518, 523, 525, 528; "Repayments," p. 607.

66

GENERAL PROVISIONS OF THE HOMESTEAD LAW

certain unappro

12 S. 392; Feb.

15; Mar. 13,

Mar. 3, 1891, 26
S. 1095.

SEC. 2289, R. S. [As amended by sec. 5 of the Act of Who may enter March 3, 1891, 26 Stat. 1095, 1098.]-Every person who priated public is the head of a family, or who has arrived at the age of lands. twenty-one years, and is a citizen of the United States, or May 20, 1862, who has filed his declaration of intention to become such, 11, 1874, 18 S. as required by the naturalization laws, shall be entitled to 1874, 18 S. 22; enter one quarter-section, or a less quantity, of unap- To9. propriated public lands, to be located in a body in conformity to the legal subdivisions of the public lands; but no person who is the proprietor of more than one hundred and sixty acres of land in any State or Territory shall acquire any right under the homestead law. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. (U. S. C., title 43, sec. 161.)

12 S. 392; Mar.

1866, 14 S. 67;

June 22, 1874, 1875, 18 S. 1891, 26 s. 1095.

18 S. 192; Mar.

420; Mar. 3,

SEC. 2290, R. S. [As amended by sec. 5 of the Act of Mode of proMarch 3, 1891, 26 Stat. 1095, 1098.]-That any person cedure. applying to enter land under the preceding section shall May 20, 1862, first make and subscribe before the proper officer and file 21, 1864, 13 S. in the proper land office an affidavit that he or she is the 35; June 21, head of a family, or is over twenty-one years of age, and that such application is honestly and in good faith made 3, for the purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that he or she will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for; that he or she is not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that he or she does not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for himself, or herself, and that he or she has not directly or indirectly made, and will not make, any agreement or contract in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the

Certificate and patent, when

June 21, 1866, 14 S. 67; June

title which he or she might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person, except himself, or herself, and upon filing such affidavit with the register or receiver on payment of five dollars, when the entry is of not more than eighty acres, and on payment of ten dollars, when the entry is for more than eighty acres, he or she shall thereupon be permitted to enter the amount of land specified. (U. S. C., title 43, sec. 162.)

SEC. 2291, R. S. [This section as amended by the Act of June 6, 1912, is given under the "Three Year Homestead Law." Prior to the passage of that Act section 2291 read as follows:]

"SEC. 2291. No certificate, however, shall be given, given and issued. or patent issued therefor, until the expiration of five years from the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry; or, if he be dead, his widow; or, in case of her death, his heirs or devisee; or, in case of a widow making such entry, his heirs or devisees, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty-eight, and that he, she, or they will bear true allegiance to the Government of the United States; then in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by law." (U. S. C., title 43, sec. 164.)

18, 1874, 18 S. 81.

When rights inure to benefit of infant children.

June 21, 1866, 14 S. 67.

Record of applications.

SEC. 2292, R. S. In case of the death of both father and mother, leaving an infant child or children under twentyone years of age, the right and fee shall inure to the benefit of such infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase and be entitled to a patent from the United States on the payment of the office fees and sum of money above specified. (U. S. C., title 43, sec. 171.)

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NOTE. For section 2294, R. S., see that section as amended by the act of February 23, 1923 (42 Stat. 1281, U. S. C., title 43, sec. 254), under subtitle "Affidavits, Oaths, etc.," p. 195.-EDITOR.

SEC. 2295, R. S. The register of the land office shall note all applications under the provisions of this chapter, on the tract-books and plats of his office, and keep a regis

See p. 159.

ter of all such entries, and make return thereof to the General Land Office, together with the proof upon which 1.20,1862, they have been founded. (U. S. C., title 43, sec. 163.)

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NOTE. For section 2296, R. S., see that section under subtitle "Debts of Entrymen," p. 202.-EDITOR.

SEC. 2297, R. S. [This section as amended by the act of June 6, 1912, is given under the "Three Year Homestead Law." 2 Prior to the passage of that Act section 2297 read as follows:]

S. 393.

tered for home

Government.

12 S. 393; Dec.

"SEC. 2297. If, at any time after the filing of the affidavit, as required in section twenty-two hundred and When lands enninety, and before the expiration of the five years men- stead revert to tioned in section twenty-two hundred and ninety-one, it is proved, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit has actually changed his residence, or abandoned the land for more than six months at May 20, 1862, any time, then and in that event the land so entered 28, 1874, 18 S. shall revert to the Government: Provided, That where 1876, 19 S. 36; there may be climatic reasons the Commissioner of the Mar. 3, 1891, 26 General Land Office may, in his discretion, allow the settler twelve months from the date of filing in which to commence his residence on said land under such rules and regulations as he may prescribe." (U. S. C., title 43, sec. 169.)

SEC. 2298. No person shall be permitted to acquire title to more than one quarter section under the provisions of this chapter. (U. S. C., title 43, sec. 211.)

*

*

*

*

294; Apr. 21,

S. 1095.

Limitation of

area.

May 20, 1862, 12 S. 393.

may have the chapter.

SEC. 2300. No person who has served, or may hereafter What minors serve, for a period not less than fourteen days in the privilege of this Army or Navy of the United States, either regular or volunteer, under the laws thereof, during the existence Ibid. of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years. (U. S. C., title 43, sec. 183.)

*

on account of

SEC. 2302. No distinction shall be made in the con- No distinction struction or execution of this chapter on account of race race or color. or color; nor shall any mineral lands be liable to entry June 21, 1866, and settlement under its provisions. (U. S. C., title 43, 14 S. 67. secs. 184, 201.)

THE THREE-YEAR HOMESTEAD LAW

An Act To amend section twenty-two hundred and ninety-one and section twenty-two hundred and ninety-seven of the Revised Statutes of the United States relating to homesteads

Be it enacted by the Senate and House of Representatives of the United States of America in Congress

* See infra.

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