ABANDONED MILITARY RESERVATIONS 66 Cross references: See "Alaska," p. 17; Carey Act," p. 86; "Isolated Tracts," p. 297; "Railroad Rights of Way," under "Railroad Grants," p. 483; "School Lands," under " State Grants," p. 676. GENERAL PROVISIONS FOR THE DISPOSAL OF An Act To provide for the disposal of abandoned and useless military reservations abandoned and reservations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, in the opinion of the President Sale, etc., of of the United States, the lands, or any portion of them, useless military included within the limits of any military reservation heretofore or hereafter declared, have become or shall become useless for military purposes, he shall cause the same or so much thereof as he may designate, to be placed under the control of the Secretary of the Interior for disposition as hereinafter provided, and shall cause to be filed with the Secretary of the Interior a notice thereof. (U. S. C. title 43, sec. 1071.) division of lands. SEC. 2. That the Secretary of the Interior may, if in Survey and subhis opinion the public interests so require, cause the said lands, or any part thereof, in such reservations, to be regularly surveyed, or to be subdivided into tracts of less than forty acres each, and into town lots, or either, or both. He shall cause the said lands so surveyed and subdivided, and each tract thereof, to be appraised by Appraisal. three competent and disinterested men to be appointed by him, and who shall, after having each been first duly sworn to impartially and faithfully execute the trust reposed in them, appraise the said lands, subdivisions, and tracts, and each of them, and report their proceedings to the Secretary of the Interior for his action thereon. If such appraisement be disapproved, the Secretary of the Interior shall again cause the said lands to be appraised as before provided; and when the appraisement has been approved he shall cause the said lands, subdivisions, and lots to be sold at public sale, to the highest bidder for sale. cash, at not less than the appraised value thereof, nor conditions of less than one dollar and twenty-five cents per acre, first sale. having given not less than sixty days' public notice of the time, place, and terms of sale, immediately prior to such sale, by publication in at least two newspapers having a general circulation in the country or section of county Lands at public Private sale. Rights of actual settlers. buildings, etc., Condition of sale. where the lands to be sold are situate; and any lands, subdivisions, or lots remaining unsold may be reoffered for sale at any subsequent time in the same manner, at the discretion of the Secretary of the Interior; and if not sold at such second offering for want of bidders, then the Secretary of the Interior may sell the same at private sale, for cash, at not less than the appraised value, nor less than one dollar and twenty-five cents per acre: Provided, That any settler who was in actual occupation of any portion of any such reservations prior to the location of such reservation, or settled thereon prior to January first, eighteen hundred and eighty-four, in good faith for the purpose of securing a home and of entering the same under the general laws and has continued in such occupation to the present time, and is by law entitled to make a homestead entry shall be entitled to enter the land so occupied, not exceeding one hundred and sixty acres in a body, according to the Government surveys and subdivisions: Provided further, That said lands were subject. to entry under the public land laws at the time of their withdrawal * * * (U. S. C. title 43, sec. 1072.) SEC. 3. That the Secretary of the Interior shall cause any improvements, buildings, building materials, and other property which may be situate upon any such lands, subdivisions or lots not heretofore sold by the Appraisement of United States authorities, to be appraised in the same and public sale. manner as hereinbefore provided for the appraisements of such lands, subdivisions, and lots, and shall cause the same, together with the tract or lot upon which they are situate, to be sold at public sale, to the highest bidder for cash, at not less than the appraised value of such land and improvements, first giving the sixty days' notice as hereinbefore provided; or he may, in his discretion, cause the improvements to be sold separately, at public sale for cash, at not less than the appraised value, to be removed by the purchaser within such time as may be prescribed, first giving the sixty days' public notice before provided; and if in any case the lands and improvements, or the improvements separately, as the case may be, are not sold for want of bidders, then the Secretary of the Interior may, in his discretion, cause the same to be reoffered. for sale, at any subsequent time, in the same manner as above provided, or may cause the same to be sold at Lands first to be private sale for not less than the appraised value: Proof buildings and vided, That where buildings or improvements have been improvements. heretofore sold by the United States authorities the land offered to owners upon which such buildings or improvements are situate not exceeding the smallest subdivision or lot provided for by this Act upon the reservation on which said buildings are situate shall be offered for sale to the purchaser of said improvements and buildings at the appraised value of the lands and if said purchaser shall fail for sixty days after notice to complete said purchase of lands the same shall be sold under the provisions of this Act *. (U. S. C., title 43, sec. 1073.) * ing mineral de SEC. 5. Whenever any lands containing valuable min- Lands containeral deposits shall be vacated by the reduction or aban- posits subject to donment of any military reservation under the provi- mineral land sions of this Act, the same shall be disposed of exclusively United States. under the mineral land laws of the United States. (U. S. C., title 43, sec. 1074.) Secretary of War tain privileges; of roads, etc. SEC. 6. The Secretary of War shall have authority, in may grant cerhis discretion, to permit the extension of State, county, erection of and Territorial roads across military reservations; to per- bridges extension mit the landing of ferries, the erection of bridges thereon; and permit cattle, sheep or other stock animals to be driven across such reservation, whenever in his judgment the same can be done without injury to the reservation or inconvenience to the military forces stationed thereon. (U. S. C., title 43, sec. 933.) Approved, July 5, 1884 (23 Stat. 103). Extract from the sundry civil appropriation Act, approved March 3, 1893 (27 Stat. 572. 593) nicipal corpora The President is hereby authorized by proclamation Grants to muto withhold from sale and grant for public use to the tions. municipal corporation in which the same is situated all or any portion of any abandoned military reservation not exceeding twenty acres in one place. (U. S. C., title 43, sec. 1076.) An Act To provide for the opening of certain abandoned military reservations, and for other purposes1 Lands opened Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands not already disposed of included to entry. within the limits of any abandoned military reservation heretofore placed under the control of the Secretary of the Interior for disposition under the Act approved July fifth, eighteen hundred and eighty-four, the disposal of which has not been provided for by a subsequent Act of Congress, where the area exceeds five thousand acres, except such legal subdivisions as have Government improvements thereon, and except also such other parts as are now or may be reserved for some public use, are hereby opened to settlement under the public-land laws of the United States and a preference right of entry for a period of six months from the date of this Act shall be given all bona fide settlers who are qualified to enter 1 Extended by the act of Feb. 15, 1895 (28 Stat. 664), p. 4. Preference to homestead settlers. Payment. Appraisements, etc. Settlement of under the homestead law and have made improvements and are now residing upon any agricultural lands in said reservations, and for a period of six months from the date of settlement when that shall occur after the date of this Act: Provided, That persons who enter under the homestead law shall pay for such lands not less than the value heretofore or hereafter determined by appraisement, nor less than the price of the land at the time of the entry, and such payment may, at the option of the purchaser, be made in five equal installments, at times and at rates of interest to be fixed by the Secretary of the Interior. (U. S. C., title 43, sec. 1077.) SEC. 2. That nothing contained in this Act shall be construed to suspend or to interfere with the operation of the said Act approved July fifth, eighteen hundred and eighty-four, as to all lands included in abandoned military reservations hereafter placed under the control of the Secretary of the Interior for disposal, and all appraisements required by the first section of this Act shall be in accordance with the provisions of said Act of July fifth, eighteen hundred and eighty-four. (U. S. C., title 43, sec. 1078.) Approved, August 23, 1894 (28 Stat. 491). An Act To amend and extend the provisions of an Act entitled "An Act to provide for the opening of certain abandoned military reservations, and for other purposes," approved August twentythird, eighteen hundred and ninety-four Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemabandoned mili- bled, That the provisions of the Act approved August tary reservations. twenty-third, eighteen hundred and ninety-four, entitled "An act to provide for the opening of certain abandoned military reservations, and for other purposes," are hereby extended to all abandoned military reservations which were placed under the control of the Secretary of the Interior under any law in force prior to the Act of July fifth, eighteen hundred and eighty-four. (U. S. C., title 43, sec. 1080.) If land within a land grant, to be patented to the State. Vol. 9, p. 519. * Approved, February 15, 1895 (28 Stat. 664). An Act Authorizing the use for permanent construction at military posts of the proceeds from the sale of surplus War Department real property, and authorizing the sale of certain military reservations, and for other purposes SEC. 2. That prior to the sale under this Act of any reservation created out of the public domain the Secretary of War shall make request upon the Secretary of the Interior to determine whether or not the State is entitled to any of the lands embraced therein under the so-called swamp land grant (Act of September 28, 1850, Ninth |