An Act Excepting certain lands in Pennington County, South Dakota, from the operation of the provisions of section four of an act approved June eleventh, nineteen hundred and six, entitled "An act to provide for the entry of agricultural lands within forest reserves."

est Reserve.

Be it enacted by the Senate and House of Representatives Black Hills Forof the United States of America in Congress assembled, Restrictions reThat the following described townships in the Black moved on certain Hills Forest Reserve, in Pennington County, South ton County. Dakota, to wit: Townships one north, one east; two north, one east; one north, two east; two north, two east; one south, one east; two south, one east; one south, two east; and two south, two east, Black Hills meridian, are hereby excepted from the operation of the provisions of section four of an act entitled "An act to provide for the entry of agricultural lands within forest reserves," approved June eleventh, nineteen hundred and six. The lands within the said townships to remain subject to all other provisions of said act.

Approved, February 8, 1907 (34 Stat., 883).

An Act To amend an act approved June eleventh, nineteen hundred and six, entitled "An act to provide for the entry of agricultural lands within forest reserves."

ment.

Be it enacted by the Senate and House of Representatives Forest Reserves. Agricultural of the United States of America in Congress assembled, land within, to be That an act entitled "An act to provide for the entry of opened to settleagricultural lands within forest reserves," approved June eleventh, nineteen hundred and six, be amended by striking out of section one the following words: "Except California rethe following counties in the State of California: Inyo, pealed. Tulare, Kern, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego."

Approved, May 30, 1908 (35 Stat., 554).

An Act Excepting certain lands in Lawrence and Pennington Counties, South Dakota, from the operation of the provisions of section four of an act approved June eleventh, nineteen hundred and six, entitled "An act to provide for the entry of agricultural lands within forest

Exceptions in

est Reserve, S.

certain lands in

and

Pennington

Be it enacted by the Senate and House of Representatives Black Hills For of the United States of America in Congress assembled, Dak. Restrictions on That the following-described townships in the Black Hills settlement with Forest Reserve, South Dakota, to wit: Township three in, removed from north, one east, and so much of townships two north, one Lawrence east, and two north, two east, as are within Lawrence Counties. County, and township one north, three east, in Pennington County, Black Hills meridian, are hereby excepted from the operation of the provisions of section four of an act entitled "An act to provide for the entry of agricultural I ands within forest reserves," approved June eleventh, nineteen hundred and six. The lands within the said townships to remain subject to all other provisions of said act.

Approved, July 3, 1912 (37 Stat., 188).

22019-16- -7

Homestead entries in national forests.

An Act Providing for the validation of certain homestead entries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all homestead entries which have been canceled or relinquished, or are invalid solely because of the erroneous allowance of such entries after the withdrawal of lands for Reinstatement national forest purposes, may be reinstated or allowed to erroneous allow-remain intact, but in the case of entries heretofore canceled applications for reinstatement must be filed in the proper local land office prior to July first, nineteen hundred and twelve.

if canceled

ance.

for

Rights of contestants.

Nebraska.

SEC. 2. That in all cases where contests were initiated under the provisions of the act of May fourteenth, eighteen hundred and eighty, prior to the withdrawal of the land for national forest purposes, the qualified successful contestants may exercise their preference right to enter the land within six months after the passage of this act. Approved, March 3, 1911 (36 Stat., 1084).

THE KINKAID ACT.

Section seven of the act of Congress, approved May 29, 1908 (35 Stat., 465), amended section two of the act of April 28, 1904 (33 Stat., 547), commonly known as the Kinkaid Act. The act now reads as follows:

An Act To amend the homestead laws as to certain unappropriated and unreserved lands in Nebraska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Homestead en-That from and after sixty days after the approval of this tries for 640 acres allowed on cer- act entries made under the homestead laws in the State of tain arid lands. Nebraska west and north of the following line, to wit:

Location.

Beginning at a point on the boundary line between the States of South Dakota and Nebraska where the first guide meridian west of the sixth principal meridian strikes said boundary; thence running south along said guide meridian to its intersection with the fourth standard parallel north of the base line between the States of Nebraska and Kansas; thence west along said fourth standard parallel to its intersection with the second guide meridian west of the sixth principal meridian; thence south along said guide meridian to its intersection with the third standard parallel north of the said base line; thence west along said third standard parallel to its intersection with the range line between ranges twenty-five and twenty-six west of the sixth principal meridian; thence south along said line to its intersection with the second standard parallel north of the said base line; thence west on said standard parallel to its intersection with the range line between ranges thirty and thirty-one west; thence south along said line to its intersection with the boundary line between the States of Nebraska and Kansas, shall not exceed in area six hundred and forty acres,

excluded.

and shall be as nearly compact in form as possible, and in no event over two miles in extreme length: Provided, Irrigable lands That there shall be excluded from the provisions of this act such lands within the territory herein described as in the opinion of the Secretary of the Interior it may be reasonably practicable to irrigate under the national irrigation law, or by private enterprise; and that said. Secretary shall, prior to the date above mentioned, designate and exclude from entry under this act the lands, exclusion. particularly along the North Platte River, which in his opinion it may be possible to irrigate as aforesaid; and shall thereafter, from time to time, open to entry under this act any of the lands so excluded, which, upon further investigation, he may conclude can not be practically irrigated in the manner aforesaid.

Designation

of

ent homesteaders.

SEC. 2. That entrymen under the homestead laws of Entries by pres the United States within the territory above described who own and occupy the lands heretofore entered by them may, under the provisions of this act and subject to its conditions, enter other lands contiguous to their said homestead entry, which shall not, with the land so already entered, owned, and occupied, exceed in the aggregate six hundred and forty acres; and residence continued and improvements made upon the original homestead, subsequent to the making of the additional entry, shall be accepted as equivalent to actual residence and improvements made upon the additional land so entered, but final entry shall not be allowed of such additional land until five years after first entering the same, except in favor of entrymen entitled to credit for military service.

not allowed.

SEC. 3. That the fees and commissions on all entries Fees. under this act shall be uniformly the same as those charged under the present law for a maximum entry at the minimum price. That the commutation provisions of the Com mutation homestead law shall not apply to entries under this act, and at the time of making final proof the entryman must prove affirmatively that he has placed upon the lands entered permanent improvements of the value of not less than $1.25 per acre for each acre included in his entry: Provided, That a former homestead entry shall not be a bar to the entry under the provisions of this act of a tract which, together with the former entry, shall not exceed 640 acres: Provided, That any former homestead entry- Time limit. man who shall be entitled to an additional entry under section 2 of this act shall have for ninety days after the passage of this act the preferential right to make additional entry as provided in said section.

An Act Relating to the entry and disposition of certain lands in the

State of Nebraska.

Additional en.

tries.

lands.

Be it enacted by the Senate and House of Representatives Nebraska arid of the United States of America in Congress assembled, That all qualified entrymen who, during the period beginning on the twenty-eighth day of April, nineteen hundred

Benefits

and four, and ending on the twenty-eighth day of June, nineteen hundred and four, made homestead entry in the State of Nebraska within the area affected by an act entitled "An act to amend the homestead laws as to certain unappropriated and unreserved public lands in Nebraska," approved April twenty-eighth, nineteen hundred and ex four, shall be entitled to all the benefits of said act as if their entries had been made prior or subsequent to the above-mentioned dates, subject to all existing rights.

tended to certain

en tries.

Military

serv

ice, credit allowed.

Isolated tracts

to be sold.

Limit.

A Determination of qualification of

SEC. 2. That the benefits of military service in the Army or Navy of the United States granted under the homestead laws shall apply to entries made under the aforesaid act, approved April twenty-eighth, nineteen hundred and four, and all homestead entries hereafter made within the territory described in the aforesaid act shall be subject to all the provisions hereof.

SEC. 3. That within the territory described in said act, approved April twenty-eighth, nineteen hundred and four, it shall be lawful for the Secretary of the Interior to order into market and sell under the provisions of the laws providing for the sale of isolated or disconnected tracts or parcels of land any isolated or disconnected tract not exceeding three quarter sections in area: Provided, That not more than three quarter sections shall be sold to any one person.

Approved, March 2, 1907 (34 Stat., 1224).

An Act For the relief of certain homesteaders in Nebraska.

Be it enacted by the Senate and House of Representatives entrymen Ne- of the United States of America in Congress assembled, That braska arid lands. the qualifications of a former homestead entryman who has heretofore been permitted to make an additional or another entry under the act entitled "An act to amend the homestead laws as to certain unappropriated and unreserved public lands in Nebraska," approved April twentyeighth, nineteen hundred and four, shall be determined by the qualifications, except as to citizenship, possessed on the date of his first entry in all cases where the rights of third persons shall not have intervened and the additional or second entry has not been canceled.

Approved, August 24, 1912 (37 Stat., 499).

MARRIED WOMEN.

An Act To amend the act of Congress approved May fourteenth, eighteen hundred and eighty, entitled "An act for the relief of settlers on the public lands."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third section of the act of Congress approved May fourteenth, eighteen hundred and eighty, entitled "An act for the relief of settlers on the public lands," be amended by adding thereto the following:

to

"Where an unmarried woman who has heretofore set- Entrywoman's marriage not to tled, or may hereafter settle, upon a tract of public land, forfeit right improved, established, and maintained a bona fide resi- homestead entry. dence thereon, with the intention of appropriating the same for a home, subject to the homestead law, and has married, or shall hereafter marry, before making entry of said land, or before making application to enter said land, she shall not, on account of her marriage, forfeit her right to make entry and receive patent for the land: Provided, That she does not abandon her residence on said land, and is otherwise qualified to make homestead entry: Provided further, That the man whom she marries No separate is not, at the time of their marriage, claiming a separate husband. tract of land under the homestead law.

To be otherwise qualified.

claim of land by

"That this act shall be applicable to all unpatented Scope of act. lands claimed by such entrywoman at the date of passage.

Approved, June 6, 1900 (31 Stat., 683).

An Act Providing for the naturalization of the wife and minor children of insane aliens, making homestead entries under the land laws of the United States.

Completion of

make homestead

Be it enacted by the Senate and House of Representatives Insane alien. of the United States of America in Congress assembled, That naturalization by when any alien, who has declared his intention to become wife, etc., of, to a citizen of the United States, becomes insane before he entry. is actually naturalized, and his wife shall thereafter make a homestead entry under the land laws of the United States, she and their minor children may, by complying with the other provisions of the naturalization laws be naturalized without making any declaration of intention. Approved, February 24, 1911 (36 Stat., 929).

An Act Providing that the marriage of a homestead entryman to a homestead entrywoman shall not impair the right of either to a patent, after compliance with the law a year, to apply to existing entries.

homestead entry

woman not to im

Be it enacted by the Senate and House of Representatives Marriage of of the United States of America in Congress assembled, man to entryThat the marriage of a homestead entryman to a home-pair patents. stead entrywoman after each shall have fulfilled the requirements of the homestead law for one year next preceding such marriage shall not impair the right of either to a patent, but the husband shall elect, under rules and regulations prescribed by the Secretary of the Interior, on which of the two entries the home shall thereafter be made, and residence thereon by the husband and wife shall constitute a compliance with the residence requirements upon each entry: Provided, That the provisions, Existing entries hereof shall apply to existing entries.

Approved, April 6, 1914 (38 Stat., 312).

included.