Page:United States Statutes at Large Volume 39 Part 1.djvu/240

SIXTY-FOURTH CONGRESS. Sess. I. Ch. 137. 1916. 219 eighteen hundred and sixty-eight and eighteen hundred and sixty- nine, for which patents have een issue by the United States, or for which the grantee is entitled to receive patents under said grant, and to so much of the lands granted by the Act of May fourth, V°'·1“·p·°"· eighteen hundred and seventy, entitled "An Act granting lands to aid in the construction of a railroad and telegraph line from Portland to Astoria and McMinnville, in the State of Oregon/’ for which patents have been issued by the United States, or for which the grantee is entitled to receive patents under said ant, as had not een sold by the Oregon and alifornia Railroad gbmpany rior to July first, nineteen hundred and thirteen, be, and the same isliiereby, P . revested in the United States: Provided, That the provisions of this Rigliltyaibf way, em., Act shall not apply to the right of way to the extent of one hundred °‘°°p“’°‘ feet in width on each side of the railroad and all lands in actual use Ely said railroad company on December ninth, nineteen hundred and teen, for depots, sidetracks, wood ards, and Standing grounds. Cmmmtim 0, W Sec. 2. That the Secretary of the liiterior, in cooperation with the S¢<>r•d1¤¤<iS. Secretary of Agriculture, or otherwise, is hereby authorized and directed, after due examination in the field, to classify said lands by the smallest legal subdivisions thereof into three classes, as follows: Class one. Power—site lands, which shall include OIIIJE such lands as P°'°"‘“°‘““‘”· are chiefly valuable for water-power sites, which lan shall be Sub- {pct to withdrawal and such use and disposition as has been or may ‘ e rovided bryilxaw for other public lands of like character. Timmmds Cgass two. berlands, which shall include lands bearin a growth ` of timber not less than three hundred thousand feet board measure on each forty-acre subdivision. A icultumlmds Class three. Agricultural lands, which shall include all lands not gr ` falling within eit er of the two other classes: Promos Provided, That any of said lands, however classified, may be re- mciassiiiemou. classified, if, because of a change of conditions or other reasons, such action is re uired to denote properl the true character and class of mgm 0, way me such lands :(l"rozrided further, That ah the general laws of the United allowed. " States now existing or hereafter enacted relating to the antinlg of rights of way over or permits for the use of public land; sha be applicable to all lands title to which is revested in the United States under the provisions of this Act. All lands disposed of under the provisions of this Act shall be subject to all rights of way which the ecretary of the Interior shall at any time deem necessary for the removal of the timber from any lands of class two. Mi ml t _ S at Sec. 3. That the classification provided for by the precedin sec- °° °° "°’ °' tion shaH not operate to exclude rom exploration, entry, and disposition, under the mineral-land laws of the United States, any of said lands, except power sites, which are chiefly valuable for the mineral deposits contained therein, and the general mineral laws are hereby ,.m,,0_ extended to all of said lands, except power sites: Provided, That any Timber wwwperson entering mineral lands of class two shall not acquire title to the timber thereon, which shall be sold as hereinafter prowded in section four, but he shall have the right to use so much o the timber thereon as may be necessary in the development and operation of HS mine until such time as such timber is so d by the Un1ted_States. mmm kms Sec. 4. That nonmineral lands of class two shall not be disposed opened to tome Of until the Secretary of the Interior has determined and announced ?,§‘{,’,,‘§’}f,’,,’Q§;,*;*,,‘§; ‘""’“ that the merchantable timber thereon has been removed, and there— upon said lands shall fall into class three and be disposed of H1 the manner hereinafter provided for the disposal of lands of that class. Sues of umm by The timber on lands of class two s all be sold for cash by the mmpmzwstaamg. S€<3l‘ctary of the Interior, in cooperation with the Secretary of Agriculture, or otherwise, to citizens of the United States, associations of such citizens, and corporations organized under the laws of the