The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-12-25
LEASE LAW FOR
GRAZING LANDS
Text Of Measure Proposed by
MIR. Stephens Of Texas.
TWO CENTS AN ACRE A YEAR
1885
THAT IS MINIMUM CHARGE THE
GOVERNMENT WILL ASK.
TWO CENTS AN ACRE A YEAR
Especial Corresroacance.)

lowing is a text Of the bill introduced
in the house by Representative
stephens Of Texas, relating to the leas-
ing of public lands. It is the first Of its
kind this session and provides, among
other thing, for the placing OF the
entire matter in the hands of the sec
rotary Of the inteTicr also that any
bona fde settler who may reside on any
land, the lease of which shall be au-
thOrlzed by the act, shall Rave a prior
right. for ninety days after the law
shall take effect, to lease such quantity
of land as may be limited by the char
acter of the improvements on comply
ing with the provisions Of this and
other laws.
Mr.. Stephens proposes that the public
grazing land shall be leased as fol-
lows:
Sec. 4 The public grazing lands in
the arid states and territories shall be
leased by The comm. ssiOner OF the gem
eral land Office. All grazing lands CON
tanning permanent water shall be leased
for term Of five years, or less. at not
less than 8 cents per acre per annum,
and all grazing lands classified as pas
ture or dry grazing land shall be
leased cor term of not more than ten
years at not less than 2 cents per acre
per annum, which rental shall he paid
yearly in advance, the first payment TO
be made al the time of the lease con-
tract is entered into. If. at the teTmi-
nation of any Lease, the lands covered
thereby are still COR lease the lessee
shall have the preference right to again
lease sUch lands II Jon the terms and
at the prices then fixed by law. All
leases shall be executed by the land
commissioner and shall not lake effect
until the first annual rent is pai. and
the lease filed in the registers office
All leases shall be advertised by the
commissioner ard let tc the highest
responsible bidder under such regula-
tiOEs as he may think 20 the best in
terest % the United States. All bids
and offers may be rejected D. him,
prior TO signing the lease contract, for
good and sufficient cause.
Sec. 3. Any person desiring to lease
any portion of the lands shall make
application in writing TO the commits
siOner. describing the y rite liar lands
he desires and stating whether the land
is dry grazing land or land on which
there is permanent water, and also
which sections are dry and which wat
cred lands (any section is a watered
section, as defined by this law, on
which there is a permanent spring,
lake or Stream) and also stating that
he is not leasing said lands for the
poration, and that he is not acting in
collision with any other person or cor
poratiOn for the purpose of procuring
"A large BODY of lands for such person
or corporation, but that he applies for
such land il good faith and to be used
b. himself only. The application shall
be sworn to by the applicant before
some officer authorized to administer
Oaths, with his seal of office attached.
Any applicant making a false state
uent in his application shall be deemed
guilty Of perjury and may be punished
accordingly. The commissioner, if sat
isfied that the lands applied for are
not in immediate demand for purp 3Ses
of actual settlement. shall notify the
applicant that his proposition to lease
is accepted. and shah execute a lease
of said land for such term as may be
ag1 eed upon, and deliver tie same when
the lessee has paid to the treasurer of
the United States the rent for one year
in advance: Provided, that one person
or corporation shall not be permitted
to lease more than two sections of
watered land and six sections of dry
grazing land: Provided further, that
each person shall lease three sections
of dry land to each section OF Watered
land so leased by him, if said land shall
be contiguous. By Watered land is
meant permanent springs, rivers,
streams or lakes.
Sec. 6. Any person desiring TO lease
any portion of the lands on which no
permanent water supply exists shall
notify the commissioner that he desires
to lease lands, specifying and describ-
ing them; provided he can obtain the
necessary supply of water by boring
or otherwise, and that he will. within
ninety days, lease said lands, provided
such water supply can be obtained. de
shall also file with the commissioner,
mis- bond, with good and sUfii-
cient personal security, in sum
equal to ore years rental Of
the quantity of land applied for,
payable TO the United States, con-
ditioned that he viii diligently try to
secure water on such land during such
ninety days, and If secured win lease
the designated lands for the term pre-
scribed herein, and thereupOn the COM
missioner shall, for ninety days, with
hold the lands designated from lease
10 any other person. Within ninety
days and annually thereafter, such dp-
plcant to lease snail pay to the United
. states. in advance, one years rental
Of the land applied for by him, on sat
islactory proof of which payment the
commissioner shall deliver q lease of
the lands, signed by himself together
with which he shall deliver up the
bond, marked Satisfied If the lessee
shall fail to apply for his lease and
make the payment within ninety days.
and shall also within ninety days fail
20 make proof TO the satisfaction OF
The commissioner within that time that
he has diligently used proper means
and expended proper efforts to secure q
water supply on such land and failed.
-H..a .rr- p
Bond FORFEITED" and shall deliver the
same 20 the attorney general, who shall
at once cause the bond 10 be sued upon
and collected. The penalty stated in
such bond is declared % be hquidated
damages, and judgment for that sum
shall IN all cases be recovered ~ the
United States
Proof satisfactory TO the commission
or that diligel,t effort had been made
by such applicant to secure water and
that sufficient water could not be Sc
cured, shall relieve the principal and
suTeCies on the bond from all response
bnity therein, and ii shall be marked
satisfied by the commissioner and
delivered TO the principal No lease Of
less thar one section Of pasture lands
shall be made. unless it includes all I'M
leased land in that vicinity. Lessees
or their vendees who shall have at their
own expense secured water on their
leaseholds In accordance with the pro-
visions of this section shall, at the eX-
piration of their lease contract, have
.Ahe right TO a renewal of their leases
Ffor another term OF FIVE years, at the
price then provided by law. by giving
sixty days written notice to the COM
missioner. as provided in the preceding
section.
See S. If any lessee shall fail to