Sec. CHAPTER SIXTEEN. DESERT LANDS. 426. Desert lands may be purchased. Declaration. Right to use water. Water on public lands to be free. Contents of declaration. Perfection of title. Limitation upon quantity. Desert lands may be purchased. Declaration. water. free. Sec. 427. Definition of desert lands. SEC. 426. It shall be lawful for any citizen of the United States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such" and upon payment of twenty-five cents per acre-to file a declaration under oath with the register and the receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the same, within the period of three years thereafter, Provided Right to use however That the right to the use of water by the person so conducting the same, on or to any tract of desert land of six hundred and forty acres shall depend upon bonaWater on pub. fide prior appropriation: and such right shall not exceed lic lands to be the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation and use, together with the water of all, lakes, rivers and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manufacContents of dec. turing purposes subject to existing rights. Said declaration shall describe particularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as Perfection of possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same shall be issued to him. Provided, That no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres which shall be in compact form. laration. title. Limitation upon quantity. 18 Stat. 497; 19 id. 377. Decisions Sec. Int., Feb. 11, 1880 (7 Copp's L. O. 8); April 15, 1880 (7 id. 26). Decisions Com. G. L. O., April 8, 1875 (2 Copp's L. O. 44); (6 id. 192); March 30, 1880 (7 id. 26). Cir. G. L. O., March 12, 1877 (4 Copp's L. O. 22); June 25, 1878 (5 id. 78); Oct. 1, 1878; July 16, 1879 (6 Copp's L. 0.76). General Cir., Sept. 1, 1879, p. 27. (For authorities relating to water-rights see sec. 422). SEC. 427. All lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. 18 Stat. 497; 19 id. 377. Definition of desert lands. plies. SEC. 428. This chapter shall only apply to and take effect Localities to in the States of California, Oregon and Novada, and the which the law apTerritories of Washington, Idaho, Montana, Utah, Wyoming Arizona, New Mexico and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. 18 Stat. 497; 19 id. 377. Sec, CHAPTER SEVENTEEN. REPAYMENTS OF PURCHASE MONEY. 429. Purchase money refunded where sale cannot be confirmed. 430. Refunding in certain cases, how done. 431. Repayments on void soldiers' additional homestead locations. Purchase money confirmed. SEC. 429. The Secretary of the Interior is authorized, upon refunded where proof being made, to his satisfaction, that any tract of land has been erroneously sold by the United States, so that from any cause the sale cannot be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated. Refunding in certain cases, how done. Repayments on ditional home. 4 Stat. 80; 11 id. 387; R. S. 2362. 2 Op. Att. Gen. 186; 3 id. 92, 240; 4 id. 277. Decisions Sec. Int., Aug. 17, 1849; Feb. 26, 1852 (1 Lester's L L. 673); March 8, 1852 (1 id. 671); July 24, 1852 (1 id. 672); Dec. 19, 1853 (1 id. 673); Nov. 21, 1857 (1 id. 675); Jan. 18, 1859 (1 id. 676); March 25, 1859 (1 id. 677); June 25, 1859 (1 id. 677); Aug. 9, 1859 (1 id. 675); July 23, 1864; Dec. 27, 1870; Dec. 19, 1873; March 3, 1874; Feb. 8, 1878; April 15, 1878; June 3, 1878; Aug. 5, 1878; Aug. 12, 1878; Aug. 15, 1878 (5 Copp's L. O. 127); Sept. 5, 1878; Sept. 23, 1878; Nov. 20, 1878; May 7, 1879; May 25, 1879; June 26, 1879 (6 Copp's L. O. 93); July 1, 1879 (6 id. 96); July 29, 1879 (6 id. 95); Jan. 8, 1880 (6 id. 192); Feb. 11, 1880 (7 id. 8). Decisions Sec. Treas., March 11, 1831 (2 Laws, Instructions, and Opinions, 440); April 17, 1832 (2 id. 460); April 20, 1877 (4 Copp's L. O. 110). Decisions Com. G. L. O., Aug. 31, 1830 (2 Laws, Instructions, and Opinions, 432); Dec. 20, 1858 (1 Lester's L. L. 675); July 18, 1871; Sept. 20, 1872; April 12, 1875; Jan. 27, 1876 (2 Copp's L. O. 180); June 7, 1879; Sept. 12, 1879. Cir. G. L. O., Aug. 31, 1830 (1 Lester's L. L. 667); Sept. 12, 1843 (1 id. 669); Jan. 12, 1854 (1 id. 670); Aug. 7, 1878 (5 Copp's L. O. 110); June 27, 1879; Aug. 6, 1880 (7 Copp's L. O. 90). SEC. 430. Where any tract of land has been erroneously sold, as described in the preceding section, and the mouey which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto. 11 Stat. 388; R. S. 2363. SEC. 431. In all cases where it shall be made to appear void soldiers' ad- to the satisfaction of the Secretary of the Interior, upon due stead locations. proof, that innocent parties have paid the fees and commissions and excess payments required upon the location of soldiers' additional homestead claims, located under section two hundred and thirty-seven, which claims were found to be fraudulent and void after location and the entries or locations made thereon canceled, the Secretary of the Inte 1 REPAYMENTS OF PURCHASE MONEY. rior is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by the United States. 21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90). 165 missions on er where sales can SEC. 432. In all cases where homestead or timber-culture Purchase monor desert-land entries or other entries of public lands have ey, fees, and comheretofore or shall hereafter be canceled for conflict, or roneous entriesor where, from any cause, the entry has been erroneously al- not be confirmed. lowed and cannot be confirmed, the Secretary of the Interior shall cause to be repaid, out of any money in the Treasury not otherwise appropriated, to the person who made such entry, his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office; and in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof, or to his heirs or assigns. warrants same. on 21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90). SEC. 433. The Commissioner of the General Land Office Regulations for shall make all necessary rules, and issue all necessary in- epayments; structions, to carry into effect the foregoing sections relating Treasury for to repayments, and the Secretary of the Interior shall draw his warrant on the Treasury for the repayment of all purchase money, fees, commissions and excesses, and the same shall be paid without regard to the date of the cancellation of the entries. 21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90). Sec. CHAPTER EIGHTEEN. RESERVATIONS. 434. Reservations in Florida, how sold. Reservations in Florida, how sold. Proviso. Sale of military sites under gen ited. SEC. 434. All public lands heretofore reserved for military purposes in the State of Florida, which, in the opinion of the Secretary of War, are no longer useful or desired for such purposes, or so much thereof as said Secretary may designate, shall be placed under the control of the General Land Office, and be disposed of and sold in the same manner and under the same regulations as other public lands of the United States: Provided, That said lands shall not be so placed under the control of the General Land Office until the opinion of the Secretary of War, giving his consent, is communicated to the Secretary of the Interior in writing and filed and recorded. 11 Stat. 87. SEC. 435. Military sites which are or may become useless eral laws prohib. for military purposes shall not be subject to sale or pre emption under any of the laws of the United States: Provided, Proviso as to That this section shall not apply to military sites in the State of Florida, the sale of which is authorized by the preceding section. Florida. Minimum price, how fixed, when 11 Stat. 336. SEC. 436. Whenever any reservation of public lands is reservations sold. brought into market, the Commissioner of the General Land Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of. Reservations, how surveyed. Sale of build 13 Stat. 374; R. S. 2364. SEC. 437. Whenever it becomes necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. 13 Stat. 41; R. S. 2115. SEC. 438. The Secretary of the Interior is authorized to ings belonging to the United States. cause all such buildings belonging to the United States, as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons employed amongst the Indians, to be sold whenever the lands |