Page:United States Statutes at Large Volume 23.djvu/131

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FORTY-EIGHTH CONGRESS. Sess. I. Ch. 214. 1884. 103 CHAP. 214.-An act to provide for the disposal of abandoned and useless military July 5, 1884. reservations. —i—~·—— Bo it enacted by the Senate and House of Representatives of the United States :y` America in Congress assembled, That whenever, in the opinion S“·1°’ °*°·· °i of the President of the United States, the lands, or any portion of §§§f;‘;§*‘;,§§i.‘;“d them, included within the limits of any military reservation heretofore mw-vm0m,,ry or hereafter declared, have become or shall become useless for military purposes, he shall cause the same or so much thereof as he may designete, tobe 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. Sec. 2. That the Secretary of the Interior may, if in his opinion the Survey and subpublic interests so require, cause the said lands, or any part thereof, in diVi¤i¢>¤ of 1¤¤d¤· 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 three competent and disinterested Appraiwl 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 Lands at public the highest bidder for cash, at not less than the appraised value thereof, $**16- _ _ noi less than one dollar and twenty-five cents per acre, first having “{f)°¤d***°°° °f 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 where the lands to be sold are situate; and any lands, subdivisions, or lots remaining unsold may be reoilered 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 sev Promo. tler who was in actual occupation of any portion of any such reserva· Rights of actual tions prior to the location of such reservation, or settled thereon prior “°“1°"· to January first, eighteen hundred and eigl1ty—four, in good faith for the purpose of seeurin g 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 jur- Promo. ther, That said lands were subject to entry under the public land laws at the time of their withdrawal: And provided further, That all patents heretofore issued, and approved State selections, covering any lands _ within the old Fort Lyon Military Reservation, in the State of Colorado, t F°¤* LVM; f' *1* declared by executive order of August eighth, eighteen hundred and "'{§(f{§;rv2f‘°::t_ sixty-thx·ee, are hereby confirmed; and the rights of all entrymen and ¤,,r,,;’m,_ settlers on said reservation to acquire title under the homestead, preemption, or timber culture laws are hereby recognized and affirmed to the extent they would have attached had public lands been settled upon or entered; and such portions of said reservation as shall not have been Portions of reeentered or settled upon as aforesaid shall be disposed of by the Secre· ¢¤’¤¤<>;_¤· ew-; J15- tary ol' the Interior under the provisions of this act, including lands P°“1° ‘ that may be abandoned by settlers or entrymeu. Sm;. 25. That the Secretary of the Interior shall cause any improve- nppraisement 01 ments, buildings, building materials, and other property which may be ¤¤31¢§wS¤w·.¤¤d eituate upon any such lands, subdivisions or lots not heretofore sold ¥’“ ° °·