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Show I NEW HOMESTEAD j GRAZING ACT OF j U. S. EXPLAINED The local United States land office, which has been besieged since the first of the year by those wishing t make filings on the public domain, under the new so-called 6 4 0-arre homestead grazing law. has been working under a disadvantage, in not having a copy of the act. j For the information of those interested in-terested in the law and its provisions, provis-ions, its text follows: An act (H. R. 407 to provide for stoekraising homesteads and for other oth-er purposes. Be it enacted, etc., ,that from and after the passage of this act it shall be lawful for any person qualified to make entry under the homestead laws of the United States to make a stock raising homestead entry for not exceeding 640 acres of unappropriated unappro-priated unreserved public land in reasonably compact form: Provided, however, that the land so entered shall therefore have been designated by the secretary of the interior as "stock raising lands." Section 2 That the secretary of the interior is hereby authorized, on application or otherwise, to designate desig-nate as stockraising lands subject . to entry under this act, lands, the surfaqe of which is, in his opinion chiefly valuable for grazing and raising rais-ing forage crops, do not contain merchantable timber, are not susceptible sus-ceptible of irrigation from any known source of water supply and are of such character that 640 acres are reasonably required for the support of a family: Provided that where any person qualified to make original or additional entry under un-der the provisions of this act shall make application to enter any unappropriated un-appropriated public land which has not been designated as subject to entry (provided said application is accompanied and supported by properly prop-erly corroborated affidavit of the applicant, ap-plicant, in duplicate, showing prima facie that the land applied for is of the character contemplated by this act), such application, together with the regular fees and commissions, shall be received by the register and receiver of the land district in which the land is located and suspended until it shall have been determined by the secretary of the interior whether said land is actually of that character. That during such suspension sus-pension the land described in the application ap-plication shall not be disposed of; and if the said land shall be designated desig-nated under this act, then such application ap-plication shall be allowed; otherwise it shall be rejected, subject to appeal, ap-peal, but no right to occupy such lands shall be acquired by reason of said application until said lands have been designated as stock raising lands. May Make Entry Section 3 That any qualified homestead entryman may make entry en-try under the homestead laws of lands so designated by the secretary of the interior according to legal subdivisions, in areas not exceeding 640 acres, and in compact form so far as may be subject to the provisions pro-visions of this act and secure title thereto by compliance with the terms that a former homestead entry of land of the character described in section 2 hereof shall not be a bar to the entry of a tract within a radius ra-dius of twenty miles from such former for-mer entry under the provisions of this act", which, together with the former shall not exceed 640 acres: Provided further, that the entryman shall be required to enter all contiguous contig-uous areas of the character herein described open to entry prior to the entry of any noncontiguous land; Provided further, that instead of cultivation cul-tivation as ' required by the homestead home-stead laws the entryman shall be required to make permanent ini-i provements upon the land entered j before final proof is submitted tend- ing to increase the value of the same for stock raising purposes, of the value of not less than $1.50 per acre, ; and at least one half of such improvements im-provements shall be placed upon the land within three years after the ! date of entry thereof. Section4 That any homestead entryman, en-tryman, who has not submitted final proof upon his existing entry, shall 1 have the right to enter, subject to ' the provisions of this act. such j amount of contiguous lands desig-: desig-: nated for entry under the provisions of this act as shall not, together with the amount embraced in his original entry, exceed 640 acres, and residence resi-dence upon original entry shall be credited on both entries, but improvements improve-ments must be made on the additional addition-al entry equal to ? 1 .2 S for each aore thereof. Section 5 That the persons who have submitted final proof upon, or received patent for. lands under the homestead laws, and who own and reside upon the land so acquired, may, subject to the provisions of this act. make additional entry for and obtain patent to contiguous land designated for entry under the provisions pro-visions of this act. which, together with the area theretofore acquired ; under the homestead law, shall not .exceed 640 acres, on proof of the j expenditure required by this at on account of permanent improvements improve-ments upon the additional entry. Must be I'. S. Citizen Section6 That any person who is the head of a family, or who has arrived ar-rived at the age of 21 years and is a citizen of the United States, -who has entered or acquired under the homestead laws, prior to the passage bf this act, lands of the character described in this act. the area of which is less than 640 acres, and vho is uuable to exercise the right of additional entry herein conferred because no lands subject to entry under un-der this act adjoin the tract so entered en-tered or acquired or lie within the twenty mile limit provided for in this act, may, upon submitting proof that he resides upon and has not sold the land so entered or acquired acquir-ed and against which land there is no encumbrances, relinquish or re-convey re-convey to the United States the land so occupied, entered, or acquired, and in lieu thereof, within the same land office district may enter and acquire title to 640 acres of the land subject to entry under this act, but must show compliance with all of the provisions of this act respecting the new entry and with all the provisions pro-visions of existing homestead laws except as modified herein. Section 7 That the commutation provisions of the 'homestead laws shall not apply to any entries made under this act. Section 8 That any homestead entryman or patentees who shall be entitled to additional entry under this act shall have, for ninety days after the designation of lands subject to entry under the provisions of this act and contiguous to those entered or owned and occupied by him, the preferential right to make additional entry as provided in this act. Provided', Pro-vided', that where such lands contiguous con-tiguous to the lands of two or more entrymen or patentees entitled to additional entries under this section are not sufficient in area to enable such entrymen to secure by additional addition-al entry the maximum amounts to which they are entitled, the secretary secre-tary of the interior is authorized to make an equitable division of the lands among the several entrymen or patentees applying to exercise preferential pre-ferential rights, such division to be in tracts of not less than 40 acres, or other legal subdivision, and so made as to equalize as nearly as possible pos-sible the area which -such entrymen or patentees will acquire by adding the tracts embraced in additional entries en-tries to them: Provided further, that where but one such tract of vacant land may adjoin the lands of two or more entrymen or patentees entitled entitl-ed to exercise preferential rights hereunder, the tract in question may be entered' by the person who first submits to the local land office his application to exercise said prefer-' ential right. Mineral Specifications Section 10 That all entries made and patents issued under the provisions pro-visions of this act shall be subject to and contain a reservation to the United States of all the coal and other minerals in the lands so entered enter-ed and patented, together with the right to prospect for, mine and remove re-move the same. The coal and other mineral deposits in such lands shall be subject to disposal by the United States in accordance with the provisions pro-visions of the coal and mineral laws in force at the time of such disposal. Any person qualified to locate and enter the coal and other mineral deposits, or having the right to mine and remove the same1 under the laws of the United States shall have the right At all times to enter upon the lands entered or patented, as provided provid-ed by this act for the purpose of prospecting for coal or other mineral mine-ral therein, provided he shall not-injure, not-injure, damage or destroy the permanent per-manent improvements of the entry-man entry-man or patentee for all damages to fhe crops on such lands by reason of such prospecting . Any person who has acquired from the United States the coal or other mineral deposits in any such land, or the right to mine and remove the same, may reenter re-enter and occupy so much of the surface sur-face thereof as may be required for all purposes reasonably incident to the mining or removal of the coal or other minerals., first, upon securing secur-ing the written consent or waiver of the homestead entryman or patentee; pat-entee; second, upon payment of the damages to crops or other tangible improvements to the owner thereof, where agreement may he had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, pro-visions, upon the execution of a good and sufficient bonH or undertaking to the United Stales for the use and benefit of the entryman or owner of the land, to secure the payment of such damages to the crops or tangible tangi-ble improvements of the entryman or owner, as may he determined or fix-! fix-! ed in an action brought upon the ' ' bond or undertaking in a court of i competent jurisdiction against the principal and sureties thereon, such j bond or undertaking to be in the I form and in accordance with rules ! land regulations prescribed by the ! secretary of the interior and to be filed fil-ed with an approval of the register1 and receiver of the local land office : j of the district wherein the land is j situate, subject to the appeal of the commissioner of the general land office: Provided that all patents issued is-sued for the coal or other mineral deposits herein reserved shall contain con-tain appropriate notations declaring them to be subject to the provisions of this act with reference to the disposition, dis-position, occupancy and use of tjje land as permitted to an entryman under un-der this act. Lands with Water Holes Section 11 That lands containing water holes or other bodies of water needed or used by the public for watering wa-tering purposes shall not be designated desig-nated under this act. but may he reserved re-served under the provisions of the act of June 25, 1910, and such lands heretofore or hereafter reserved reserv-ed shall, while so reserved, be kept and held open to the public use for such purposes under such general rules and regulations as the secretary secre-tary of the interior may prescribe: Provided, that the secretary may, in his discretion, also withdraw from entry, lands necessary to insure access ac-cess by thar public to watering places reserved hereunder and needed for use in the movement of stock to summer sum-mer and winter ranges or to shipping points and may prescribe such rules and regulations as may be necessary for the proper administration and use of such lands: Provided further, that such driveways shall not he of greater number or width than shall be clearly necessary for the purpose proposed and in no event shall be more than one mile in width for a driveway less than twenty miles in length, not more than two miles in width for driveways over twenty and not more than thirty-five miles in length and not over five miles in width for driveways over thirty-five miles in length: Provided further, that all stock so transported over such driveways shall be moved at an average of not less than three miles per day for sheep and goats and an average of not less than six miles a day for cattle and horses. V Section 12 That the secretary of the interior is hereby authorized to make all necessary rules and regulations regu-lations in harmony with the provisions pro-visions and purposes of this act for the purpose of carrying the same into effect. |
