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This act does not make all salt lands subject to its provisions, but only when it shall be made to appear to certain officers that lands are saline in character, a sale shall be had, but if a selection has been made by a State under other statutes before the character of the lands have been shown there can be no sale.

Colorado, In re, 10 L. D. 222, p. 228.

3. POLICY OF GOVERNMENT AS SHOWN BY ACT.

At the time of the enactment of this statute Congress did not consider saline lands as subject to sale or entry or as capable of being purchased under any laws of the United States relative to the public domain, and the act is a recognition on the part of Congress of the policy of the Government in relation to the reservation of saline lands.

Salt Bluff Placer, In re, 7 L. D. 549, p. 552.

This statute indicates a change to some extent in the policy of the Government in dealing with salt springs and lands that are saline in character. Colorado, In re, 10 L. D. 222, p. 227.

4. MEANING AND APPLICATION OF TERM. All mineral springs, salt springs, salt beds, and salt rock are covered by the general term salines.

New Mexico, In re, 35 L. D. 1, p. 3.
See Southwestern Min. Co., In re, 14 L. D.597, p. 603.

Congress did not mean by the proviso to this act to apply the term "salines” to any other character of substance than that which had been made the subject of grant to other States.

New Mexico, In re, 35 L. D. 1, p. 5.

A salt lick is a spot where the earth is impregnated with common salt and is licked by the tongues of animals, wild and domestic, and these licks afford these animals the salt necessary to their nutrition, and so the salt springs more easily and readily yielded to the pioneers of the public domain the same commodity equally essential to their health and comfort, and it was these reserved salt springs which were granted to the several States, and to these grants the proviso of this act refers by the use of the term Balines.

New Mexico, In re, 35 L. D. 1, p. 5.

The term saline, as used in this act, can not be held to include all lands containing in their soils or in their waters the salts of sodium potassium, including chlorides, carbonates, and sulphates of these, and the other so-called alkaline earths, nor can it be held to include the associated gypsum minerals.

New Mexico, In re, 35 L. D. 1, p. 8.

5. PROVISO OF ACT-APPLICATION TO STATES.

The proviso of this act should not apply to any State which may have had such a grant until either the grant has been fully satisfied or the right of selection has expired by efflux of time, but this does not limit the time to the period stated in the statuto giving the State time within which to make its selection, and the State may make its selection after the expiration of the time stated in the statute.

Colorado, In re, 10 L. D. 222, p. 228.

This act provides for the sale of salt lands in States having a grant to such lands, and the grant has been satisfied or the right of selection expired; but States which had no such grant and States which had received such grants and were still entitled to make such selections are excepted from the operation of the act.

Utah Salt Lands, In re, 13 C. L. 0. 53,

This act does not apply to lands in the State of Nevada, as it expressly provides that its provisions shall not apply to any State or Territory which has not had a grant of salines by act of Congress, and no grant of saline lands has been made to Nevada.

Eagle Salt Works, In re, 5 C. L.0.4.

There is no law authorizing the disposal of saline lands except this act, but this is not applicable to Oklahoma.

Geissler, In re, 27 L. D. 515.
Oklahoma v. Brooks, 29 L. D. 533, p. 535.

This act does not apply to the Territory of Utah, and there is no authority for the disposal of salt lands and salines within that Territory.

Southwestern Min. Co., In re, 14 L. D. 597, p. 598.
Salt Bluff Placer, In re, 7 L. D. 549, p. 552.

6. RESERVATION FROM AGRICULTURAL ENTRY.

This act strengthens the view that a mere notation of saline on the plat or its omission is immaterial, and that no land but that which is in fact saline is reserved from agricultural entry.

Cole v. Markley, 2 L. D. 847, p. 851.
Indiana v. Miller, 13 Fed Cas. 25.
Horton, In re, 9 C. L. 0. 121.

7. SALE-METHOD AND TERMS.

This act provides a mode of proceeding by which public lands indicated by the field notes of survey or otherwise, to be saline in character, may be rendered subject to disposal.

Salt Bluff Placer, In re, 7 L. D. 549.

This act requires sales of saline lands to be for cash to the highest bidder at public auction at not less than $1.25 per acre, and if they fail to sell when so offered they are then subject to private sale at not less than the same price and in the same manner as other public lands sold.

Horton, In re, 9 C. L. 0. 121, p. 122.

8. HIEARING TO DETERMINE.

This act contemplates an investigation to letermine whether lands returned as saline are in fact agricultural and not saline.

Horton, In re, 9 C. L. 0. 121, p. 122.

This act makes it the duty of the register and receiver of the land office to take testimony with reference to such land within their respective districts as shall appear to be saline in character, and makes it the duty of the commissioner to offer such lands for sale, and the act contemplates that the saline lands thus to be offered were such as should be found to be of the same character as those embraced in the grant formerly made to certain States and Territories, and the act was intended to prevent a defeat of existing or future grants of that character.

New Mexico, In re, 35 L. D. 1, p. 4.

22 STAT. 349, AUGUST 7, 1882.

LEASE OF SALT DEPOSITS-MANUFACTURE OF SALT.

AN ACT For the manufacture of salt in the Indian Territory. Be it enacted, etc., That the legislative council of the Cherokee Nation may execute a lease of the salines or salt deposits on the

plains, not to exceed three in number, located on the lands of the Cherokee Nation lying west of the 96° of longitude in the Indian Territory, and so much land connected therewith as may be necessary for the working of the same, for a period of not exceeding 20 years, with right of a highway for ingress and egress, to be reserved for such purpose, and to facilitate the manufacture of salt, and the conditions of which lease shall insure the payment to the Cherokee national authorities of a royalty of not less than $1 per ton; said lease being subject to such conditions and to the proper jurisdiction of the Chereokee national legislature, and said lease and conditions subject to the approval of the Secretary of the Interior: Provided, That the proceeds of such royalty from the manufacture of salt shall be an addition to the educational fund of said nation:„And provided further, That said salines shall continue subject to any rights of the United States under sections 15 and 16 of the treaty of July 19, 1866, with the Cherokee Indians; and said lease or leases shall be liable to revocation by the legislative council of the Cherokee Nation and the Secretary of the Interior for the nonperformance of any of said conditions.

A. SALINES-LEASE FOR SALT MANUFACTURE. See 14 Stat. 799, p. 952.

By this act Congress authorized the Cherokee Nation to lease a definite number of the salines or salt deposits within its territory to facilitate the manufacture of salt.

New Mexico, In re, 35 L. D. 1, p. 5.

31 STAT. 745, JANUARY 31, 1901.

MINERAL LAWS EXTENDED TO SALINES AND SALT SPRINGS.

AN ACT Extending the mining laws to saline lands. Be it enacted, etc., That all unoccupied public lands of the United States containing salt springs, or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placermining claims: Provided, That the same person shall not locate or enter more than one claim hereunder.

A. SALINE LAND ACT.

1. ACQUISITION OF SALINES UNDER MINING LAWS.
2. MINING LAWS EXTENDED TO SALINES AND SALT SPRINGS.
3. ROCK SALT-LOCATION AND EFFECT.

1. ACQUISITION OF SALINES UNDER MINING LAWS.

The saline land act prohibits in effect the acquisition of public lands chiefly valuable for salines under any law other than the mineral land laws, and neither those nor any other law designated any means by which this prohibition was to be enforced, and accordingly the selection by some appropriate means devolved upon the officers of the Land Department, subject to the approval of the Secretary of the Interior, but these officers could not be expected to have a personal knowledge of what public lands were chiefly valuable for salines, and little or no information of value on the subject would be afforded by the records in their custody, and an applicant for a patent for

such lands could reasonably be expected to be well informed as to the character of land for which application for a patent was made, and an applicant under the soldiers' additional homestead law must comply with the regulations and show that the land applied for is nonsaline, and he is not entitled to a patent until he complies with such regulation.

Leonard v. Lennox, 181 Fed. 760, p. 766.

By this act all unoccupied public lands containing salt springs or deposits of salt in any form, and chiefly valuable therefor, are made subject to location and purchase under the placer mining laws, and the policy of the Government was to reserve saline lands from disposition under any other public land laws, whether relating to agricultural lands or to location and purchase of mineral land, except as provided by the act of January 12, 1877 (19 Stat. 221).

New Mexico, In re, 31 L. D. 389, p. 390.

Salines or saline lands were not, prior to this act, subject to entry under the statutes authorizing disposal of mineral lands.

Miller, In re, 33 L. D. 121, p. 122.
See Salt Bluff Placer, In re, 7 L. D. 549.

Southwestern Min. Co., In re, 14 L. D. 597.

2. MINING LAWS EXTENDED TO SALINES AND SALT SPRINGS.

This act extends the mining laws to saline lands, and the term “saline lands" is employed as embracing and in the same sense as the terms “salt springs” and “deposits of salt in any form,” and it mentions but one substance and that is salt.

New Mexico, In re, 35 L. D. 1, p. 7.

This act extended the mining laws to saline lands and rendered the unoccupied public lands containing salt springs or deposits of salt in any form and chiefly valuable therefor subject to location and purchase under the provisions of the law relating to placer mining claims.

Lovely Placer Claim, In re, 35 L. D. 426, p. 427.
Oklahoma, In re, 35 L. D. 509, p. 511.

3. ROCK SALT — LOCATION AND EFFECT.

Ledges of rock salt found upon the public domain are subject to occupation and sale under the provisions of the mining laws, and the proper locations of such ledges carry with them every incident of possessory title conferred by the mining laws.

McGarrigle, In re, 9 C. L. 0. 113.

SETTLERS' RELIEF ACTS.

3 STAT. 260, MARCH 25, 1816.

PERMISSION TO WORK SALT SPRINGS AND LEAD MINES.

AN ACT Relating to settlers on the lands of the United States. Be it enacted, etc., That any person or persons who, before the 1st day of February, 1816, had taken possession of, occupied or made a settlement on, any lands ceded or secured to the United States, *** may, at any time prior to the 1st day of September next, apply to the proper register or recorder, * * to permit, such applicant or applicants to remain on such tract or tracts of land;

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* And provided also, That in all cases where the tract or land applied for includes either a lead mine or salt spring, no permission to work the same shall be granted without the approbation of the President of the United States.

A. WORKING LEAD MINES OR SALT SPRINGS PROHIBITED. Under this act no permission to work lead mines or salt springs included in any tract of land applied for can be given without the approbation of the President. Lease of Mineral Lands, In re, 4 Op. Atty. Gen. 480, p. 488.

18 STAT. 194, JUNE 22, 1874.

RAILROAD LANDS-RELIEF OF SETTLERS.

AN ACT For the relief of settlers on railroad lands.

Be it enacted, etc., That in the adjustment of all railroad land grants, whether made directly to any railroad company or to any State for railroad purposes, if any of the lands granted be found in the possession of an actual settler whose entry or filing has been allowed under the preemption or homestead laws of the United States subsequent to the time at which, by the decision of the Land Office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitled to select an equal quantity of other lands in lieu thereof from any of the public lands not mineral and within the limits of the grant not otherwise appropriated at the date of selection, to which they shall receive title the same as though originally granted. And any such entries or filings thus relieved from conflict may be perfected into complete title as if such lands had not been granted: Provided, That nothing herein contained shall in any manner be so construed as to enlarge or extend any grant to any such railroad or to extend to lands reserved in any land grant made for railroad purposes: And provided further, That this act shall not be construed so as in any manner to confirm or legalize any decision or ruling of the Interior Department under which lands have been cer

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