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where valid adverse rights have not attached to the lands covered by such second entries since the date of their cancellation. [35 Stat. L. 467.]

SEC. 11. [Bitter Root Valley, Mont. — mining laws extended to all undisposed-of lands in- determining locations, etc.] That all the provisions of the mining laws of the United States are hereby extended and made applicable to the undisposed-of lands in the Bitter Root Valley, State of Montana, above the mouth of the Lo Lo Fork of the Bitter Root River, designated in the Act of June fifth, eighteen hundred and seventy-two: Provided, That all mining loca tions and entries heretofore made or attempted to be made upon said lands shall be determined by the Department of the Interior as if said lands had been subject to mineral location and entry at the time such locations and entries were made or attempted to be made: And provided further, That this Act shall not be applicable to lands withdrawn for administration sites for use of the Forest Service. [35 Stat. L. 467.]

SEC. 12. [Military land warrant, etc., patents declared valid - certain locations legalized, etc.] That all patents heretofore issued on applications made for title to public lands between June fifth, nineteen hundred and one, and June twentieth, nineteen hundred and seven, with either military bounty land warrants, agricultural college land scrip, or surveyor-general's certificates, be, and the same are hereby, declared valid; and that all such locations, where the applications to locate were made between June fifth, nineteen hundred and one, and June twentieth, nineteen hundred and seven, with either military bounty land warrants, agricultural college land scrip, or surveyor-general's certificates, and upon which patents have not been issued, but which may hereafter be approved for patent by the Department under the ruling in the case of Roy McDonald, December twenty-first, nineteen hundred and seven, are hereby declared legal, and the Commissioner of the General Land Office is hereby authorized and directed to issue patents on all such locations which may be approved by him for patent as above provided: Provided, That they are otherwise in accordance with the rules and regulations in such cases made and provided. [35 Stat. L. 468.]

SEC. 13. [North Dakota and South Dakota - Lemmon land district established.] That all that part of the States of North and South Dakota lying within the following-described boundaries, to wit: Commencing at a point on the boundary line between the States of North and South Dakota where the east boundary line of the county of Schnasse intersects said State line, thence due north to a point on the eighth standard parallel north; thence west on said eighth standard parallel north to a point where the boundary line between the States of North Dakota and Montana intersects the said eighth standard parallel north; thence south on the boundary line between the States of North Dakota and Montana and South Dakota and Montana to a point where the fourth standard parallel north intersects said State boundary line; thence east on the said fourth standard parallel north to the northeast corner of township sixteen north, of range nine east; thence south along the range line between ranges nine and ten east to a point where the same intersects the third standard parallel north; thence east on said third standard parallel north to a point where the same intersects the western boundary line of the county of Schnasse; thence north along the western boundary line of said county to a point where the same intersects the fifth standard parallel north; thence east along the said fifth standard parallel north to a point where the same intersects the range line between ranges twenty-three and twenty-four east; thence along said range line

to a point where the same intersects the State line between the States of North Dakota and South Dakota; thence west along the said State line to the point of beginning, be, and the same hereby is, constituted a new land district, to be known as the Lemmon land district; and the United States land office for said district is hereby located at the town of Lemmon, in Butte County, That the President be, and he hereby is, authorized to appoint, by and with the advice and consent of the Senate, a register and a receiver for said land district, and they shall be subject to the same laws and be entitled to the same compensation as is or may be hereafter provided by law in relation to the existing land offices and officers in said State. [35 Stat. L. 468.]

SEC. 14. [Fees of registers and receivers.] That subdivision ten of section twenty-two hundred and thirty-eight of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows:

"Tenth. Registers and receivers are allowed jointly at the rate of fifteen cents per hundred words for testimony reduced by them to writing for claimants in establishing preemption, desert-land, and homestead rights." [35 Stat. L. 468.]

For R. S. sec. 2238, see 6 Fed. Stat. Annot. 229.

SEC. 15. [Fees in general land office.] That section four hundred and sixtyone of the Revised Statutes of the United States, as amended by the Act approved April second, eighteen hundred and eighty-eight, be, and the same is hereby, amended to read as follows:

"Sec. 461. All exemplifications of patents or papers on file or of record in the General Land Office which may be required by parties interested shall be furnished by the Commissioner upon payment by such parties at the rate of fifteen cents per hundred words, and thirty cents each for photolithographic copies of township plats or diagrams unverified, not to exceed ten copies to any one person, and twenty-five cents each for all copies in excess of ten, with an additional sum of one dollar for the Commissioner's certificate of verification, with the General Land Office seal; and the amount so received shall, under the direction of the Commissioner, be paid into the Treasury; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government, nor for such unverified copies as the Commissioner, in his discretion, may deem proper to furnish; but said Commissioner may, if he deem it advisable, make such charge for unverified copies as will, in his judgment, cover the cost of the preparation thereof." [35 Stat. L. 468.] For R. S. sec. 461, see 6 Fed. Stat. Annot. 218.

SEC. 16. [New Mexico-school land grants compensation to selecting commission.] That each member of the selecting commission mentioned and described in section eight of the Act of Congress approved June twenty-first, eighteen hundred and ninety-eight, entitled "An Act to make certain grants of land to the Territory of New Mexico, and for other purposes," consisting of the governor of the Territory of New Mexico, the surveyor-general of said Territory, and the attorney-general thereof, may receive from said Territory such compensation for their services as members of said commission as the legislative assemblies of said Territory may from time to time provide, not to exceed the sum of six hundred dollars each per annum. [35 Stat. L. 469.]

SEC. 17. [Idaho - sale of land to, for state fish hatchery, etc.] [Special.]

SEC. 18. [Perry, Okla.- land for public buildings conveyed to.] [Special.]

SEC. 19. [Enid, Okla. — certain land granted to.] [Special.]

SEC. 20. [Dubuque, Iowa - Saint Raphael's cemetery granted to archbishop of.] [Special.]

SEC. 21. [Minnesota and Manitoba Railroad Company
on right of way to Thomas Cathcart.] [Special.]
SEC. 22. [Pawnee Indian Reservation, Okla. —
A. Going to enter lands in, removed.] [Special.]

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SEC. 23. [Crookston land district, Minn. entry of lands by Walter H. Quist in, allowed.] [Special.]

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SEC. 24. [Fargo land district, N. Dak. — entry of land in, by Annie Ward, formerly Annie Brown, confirmed.] [Special.]

SEC. 25. [Raleigh Brewer- title to land in Noxubee County, Miss., confirmed.] [Special.]

SEC. 26. [Gulf Lake Reservoir, Minn. - land reserved for, restored to public domain.] [Special.]

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SEC. 27. [Warner Bailey — patent to assignees of Colorado of lands in- description.] [Special.]

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An Act Authorizing the creation of a land district in the State of South Dakota, to be known as the Bellefourche land district.

[Act of Feb. 6, 1909, ch. 77, 35 Stat. L. 597.]

[South Dakota - Bellefourche land district established.] That all that part of the State of South Dakota lying within the following described boundaries, to wit: Commencing at a point where the township line between townships eighteen and nineteen north intersects the boundary line between the States of South Dakota and Montana; thence east on the said township line to the northeast corner of township eighteen north, of range nine east; thence south along the range line between ranges nine and ten to a point where the same intersects the third standard parallel north; thence east on said third standard parallel north to the northeast corner of township twelve north, range eleven east; thence south along the range line between ranges eleven and twelve to where the same intersects the township line between townships six and seven north; thence west on said township line between townships six and seven to a point where the same intersects the boundary line between the States of South Dakota and Wyoming; thence north on the boundary line between the States of South Dakota and Wyoming and Montana to the point of beginning, be, and the same hereby is, constituted a new land district, to be known as the Bellefourche land district; and the United States land office for said district is hereby located at the town of Bellefourche, in Butte County. That the President be, and he hereby is, authorized to appoint, by and with the advice and consent of the Senate, a register and a receiver for said land district, and they shall be subject to the same laws and be entitled to the same compensation as is or may be hereafter provided by law in relation to the existing land offices and officers in said State. [35 Stat. L. 597.]

An Act To extend the time of payments on certain homestead entries in Oklahoma.

[Act of Feb. 18, 1909, ch. 147, 35 Stat. L. 636.]

[Oklahoma-time extended for payments on certain homestead entries in.] That the time within which all unpaid payments which have heretofore, or may hereafter, become due and payable under the Act entitled "An Act to open to settlement five hundred and five thousand acres of land in Kiowa-Comanche and Apache Indian reservations in Oklahoma Territory," approved June fifth, nineteen hundred and six, and the Act entitled "An Act giving preference right to actual settlers on pastures reserve numbered three to purchase land leased to them for agricultural purposes in Comanche County, Oklahoma," approved June twenty-eighth, nineteen hundred and six, and the Act entitled "An Act to extend the time of payments on certain homestead entries in Oklahoma," approved March eleventh, nineteen hundred and eight, be, and the same is hereby, postponed and extended for one year from the date on which such payments are now by law required to be made: Provided, That as a condition precedent to said extension in each case the settler shall pay to the Secretary of the Interior, to be held in trust by him for the benefit of the Indians entitled thereto, four per centum on the amount of such deferred payments where the settler had no preference right, and five per centum on the amount of the deferred payment where such settler was given a preference right, but the payment of said five per centum shall be made in lieu of the interest payment required by said Act of June twenty-eighth, nineteen hundred and six.

That the Secretary of the Interior is hereby authorized, in his discretion, to extend the time of payments to the purchasers and their assigns applying therefor upon the lots sold, or to be sold, in pursuance of an Act entitled "An Act providing for the platting and selling of the south half of section thirty, township two north, range eleven west of the Indian meridian, in the State of Oklahoma, for townsite purposes," approved March twenty-seventh, nineteen hundred and eight, and the Secretary of the Interior is authorized to permit the unpaid purchase money for such lots to be paid in such installments and at such times as he may deem proper: Provided, however, That said purchasers or their assigns shall be required to pay interest on all such deferred payments sufficient to pay the Kiowa, Comanche, and Apache Indians four per centum interest on the payments so deferred, and to pay the local authorities entitled to receive the same the equivalent of the State, county, city, and school tax at the legal rate, upon such valuation as the Secretary of the Interior may determine, and to which the lots would be liable if patented, such extension of time not to exceed four years from the date of the approval of this Act: Provided further, That not exceeding one-half of the amount which may be set aside by the Secretary of the Interior, under the Act above referred to, for the construction of two school buildings may be applied by the Secretary of the Interior to such other improvements as he may deem for the public welfare. [35 Stat. L. 636.]

An Act To extend the provisions of section four of an Act entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes," approved August eighteenth, eighteen hundred and ninety-four, to the Territories of New Mexico and Arizona.

[Act of Feb. 18, 1909, ch. 150, 35 Stat. L. 638.]

[SEC. 1.] [New Mexico and Arizona - desert lands grants for irrigation extended to.] That all the provisions of section four of the Act of Congress approved August eighteenth, eighteen hundred and ninety-four, being chapter

three hundred and one to Supplement to Revised Statutes of the United States, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninetyfive, and for other purposes," and the amendments thereto be, and the same are hereby, extended to the Territories of New Mexico and Arizona, and that said Territories upon complying with the provisions of said Act shall be entitled to have and receive all of the benefits therein conferred upon the States. [35 Stat. L. 638.]

SEC. 2. [Effect.] That this Act shall be in full force and effect from and after its passage. [35 Stat, L. 638.]

For sec. 4 of the Act of Aug. 18, 1894, ch. 301, see 6 Fed. Stat. Annot. 397.

An Act To provide for an enlarged homestead.

[Act of Feb. 19, 1909, ch. 160, 35 Stat. L. 639.]

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[SEC. 1.] [Enlarged homestead entries of 320 acres permitted States and Territories affected.] That any person who is a qualified entryman under the homestead laws of the United States may enter, by legal subdivisions, under the provisions of this Act, in the States of Colorado, Montana, Nevada, Oregon, Utah, Washington, and Wyoming, and the Territories of Arizona and New Mexico, three hundred and twenty acres, or less, of nonmineral, nonirrigable, unreserved and unappropriated surveyed public lands which do not contain merchantable timber, located in a reasonably compact body, and not over one and one-half miles in extreme length: Provided, That no lands shall be subject to entry under the provisions of this Act until such lands shall have been desig nated by the Secretary of the Interior as not being, in his opinion, susceptible of successful irrigation at a reasonable cost from any known source of water supply. [35 Stat. L. 639.]

SEC. 2. [Applications, fees, etc.] That any person applying to enter land under the provisions of this Act shall make and subscribe before the proper officer an affidavit as required by section twenty-two hundred and ninety of the Revised Statutes, and in addition thereto shall make affidavit that the land sought to be entered is of the character described in section one of this Act, and shall pay the fees now required to be paid under the homestead laws. [35 Stat. L. 639.]

For R. S. sec. 2290, see 6 Fed. Stat. Annot. 290.

SEC. 3. [Additions allowed incomplete homestead entries.] That any homestead entryman of lands of the character herein described, upon which final proof has not been made, shall have the right to enter public lands, subject to the provisions of this Act, contiguous to his former entry which shall not, together with the original entry, exceed three hundred and twenty acres, and residence upon and cultivation of the original entry shall be deemed as residence upon and cultivation of the additional entry. [35 Stat. L. 639.]

SEC. 4. [Proof of cultivation required.] That at the time of making final proofs as provided in section twenty-two hundred and ninety-one of the Revised Statutes the entryman under this Act shall, in addition to the proofs and affidavits required under the said section, prove by two credible witnesses that at least one-eighth of the area embraced in his entry was continuously cultivated

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