Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1906-03-31
RoM EsTEADs ON RESERVES.
The Bill Providing for Entry on Agri-
cultural Lands in Forest Re-
serves Soon to Become

]
ator Hanley in Washington when the
measure was being drafted.
Congressman Martin assured Senator
Hanley that he would use every possi-
BILE means to secure the passage Of the
bill without delay, and that there was
no doubt but that il would soon become
| a law in its present form. That being
the case we publish it, believing it's pro-
visions will be of general interest to the
public:
Be it enacted by the senate and house
of representatives of the United States
of America in congress assembled That
the secretary having supervision of for
est reserves may, upon application or
otherwise list, and describe, BY metes
and bounds or otherwise, such lands
within forest reserves as are chiefly val
liable for agriculture, and the lands so
listed shall, at the expiration Of sixty
days from the filing of such lists in the
land office of the land district in which
and entry by actual settlers, under the
homestead laws only, in tracts not ex-
ceeding one hundred and sixty acres in
area and not exceeding one and one.h half
miles in length: Provided, That when
such lands are asCertained and listed up
on the application Of any person quail.
fi.al ~ 1ul hnp,nctpol
plicant may settle upon and enter such
| lands Immediately after the date of FL
ing such lists in the local land office
Provided further, That any entry man
desiring TO obtain patents to any lands
described by metes and bounds entered
by him under the provisions of this Act
may do so by filing, with the required
proof of residence and cultivation, a plat
and field notes of the lands entered
made by or under the direction of Unit
ed States surveyor general, showing ac-
curately the boundaries of such lands
which shall be distinctly marked by
monuments on the ground, and posting
a copy of such plat, together with no,
tice of the time and place of offering
proof in conspicuous place on the land
embraced in such plat during period pre-.
scribed by law for the publication of his
notice of intention to offer proof, and
that copy of such plat and field notes
shall be kept posted in the office Of the
register of the land office for the land
district in which such lands are situated
for like period and further that any
agricultural lands within forest reserves
may, at the discretion of the secretary
be surveyed by metes and bounds, but
that no lands entered under the prov-
sions of this Act shall be patented under
the commation provisions or the home
stead laws.
Provided further, That the secretary
of agriculture may set aside such forest
reserve lands as were not occupied by a
bona tide settler January lst 1906, when
he considers them necessary for forest
reserve administrative purposes, which
lands SO set aside shall be listed in the
local land office and shall not be subject
to settlement, entry or location under
the public land laws during the life of
the forest reserve in which they are sit
dated.
Sec. 2. That homesteaders on lands
chiefly valuable for agriculture within
forest reserves at the time of the appro-
val of this Act whose settlements have
been made prior TO January Ist, 1905,
are hereby permitted to make home
stead entry on such lands not exceeding
100 acres in each case and not exceeding
one and one half miles in length, in the
same manner and to the same effect as
though such settlement bad been made
prior to the establishment of the forest
reserves, respectively. Provided, That
the secretary of agriculture shall in each
case determine the character of the land
before entry can be made. Provided
further, That such settlers, if they have
already exercised or lost their home
stead privilege, but are otherwise COM
petent to enter lands under the home
stead laws, are hereby granted an addi-
tional homestead right of entry for the
purposes of this section only, and such
settlers must otherwise comply with the
provisions of the homestead law, and in
addition thereto must pay two dollars
and fifty cents per acre for lands enter
ed under the provisions of this section,
such payment to be made at the time Of
making final proof on such lands.
And provided further that applica-
tions for all homestead entries under
this section must be made at the local
land Office within elk months from the
date of the approval of this Act in case
of surveyed lands and in case of unsur-
veyed lands within three months after
filing of the official map of survey.
Sec. 3. That all entries under this
Act shall be subject to the quartz or lode
mining laws of the United States and
the laws and regulations permitting the
location, appropriation and use of the
waters within the said forest reserves
for mining, irrigation and other pur-
poses; and titles acquired to agricultural
| lands under this Act shall vest in the
patentee any riparian rights to any
stream or streams Of flowing water with
in said reserves; and that such limi,a-