Chapter 214. to provide for the disposal of abandoned and useless military reservations
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CHAP. 214.— An Act to provide for the disposal of abandoned and useless military reservations.July 5, 1884. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Sale, etc., of abandoned and useless military reservations. That whenever, in the opinion of the President of the United States, the lands, or any portion of them, included within the limits of any military reservation heretofore or hereafter declared, have become or shall become useless for military purposes, he shall cause the same or so much thereof as he may designate, to be placed under the control of the Secretary of the Interior for disposition as hereinafter provided, and shall cause to be tiled with the Secretary of the Interior a notice thereof.
Sec. 2. That the Secretary of the Interior may, if in his opinionSurvey and subdivision of lands. the public interests so require, cause the said lands, or any part thereof, in 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 disinterestedAppraised. 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, toLands at public sale.Conditions of sale. the highest bidder for cash, at not less than the appraised value thereof, not less than one dollar and twenty-five cents per acre, first having 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 reoffered 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 settler*Proviso*.Rights of actual settlers. who was in actual occupation of any portion of any such reservations prior to the location of such reservation, or settled thereon prior to January first, eighteen hundred and eighty-four, in good faith for the purpose of securing a home and of entering the same under the general laws and has continued in such occupation to the present time, and is by la w 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 further*,*Proviso*.
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,Fort Lyon military reservation.Rights of settlers, etc. declared by executive order of August eighth, eighteen hundred and sixty-three, are hereby confirmed; and the rights of all entrymen and 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 kinds been settled upon or entered; and such portions of said reservation as shall not have beenPortions of reservation, etc.; disposal of. entered or settled upon as aforesaid shall be disposed of by the Secretary of the Interior under the provisions of this act, including lands that, may be abandoned by settlers or entrymen.
Sec. 3. That the Secretary of the Interior shall cause any improvements,Appraisement of buildings, etc., and public sale. buildings, building materials, and other property which may be situate upon any such lands, subdivisions or lots not heretofore sold FORTY-EIGHTH CONGRESS. Sess. I. Chs 214, 215. 1884. 104 Conditions of sale.by the United States authorities, to be appraised in the same manner as hereinbefore provided for the appraisements of such lands, subdivisions, and lots, and shall cause the same, together with the tract or lot upon which they are situate, to be sold at public sale, to the highest bidder for cash, at not less than the appraised value of such land and improvements, first giving the sixty days’ notice as herein-before provided; or he may, in his discretion, cause the improvements to be sold separately, at public sale for cash, at not less than the appraised value, to be removed by the purchaser within such time as may be prescribed, first giving the sixty days’ public notice before provided; and if in any ease the lands and improvements, or the improvements separately, as the case may be, are not sold for want of bidders, then the Secretary of the Interior may, in his discretion, cause the same to be reoffered for sale, at any subsequent time, in the same manner as above provided, or may cause the same to be sold at private sale for *Proviso*.Lands to be first offered to owners of buildings and improvements.not less than the appraised value: *Provided*, That where buildings or improvements have been heretofore sold by the United States authorities the land upon which such buildings or improvements are situate not exceeding the smallest subdivision or lot provided for by this act upon the reservation on which said buildings are situate shall be offered for sale to the purchaser of said improvements and buildings at the appraised value of the lands and if said purchaser shall fail for sixty days alter notice to complete said purchase of lands the same shall be *Proviso*.Proceeds of sale of lands on Bois Blanc Island set apart for improvement of National Park, etc.11 Stat., 87.11 Stat., 336.Military reservations in Florida.sold under the provisions of this act:
And *provided further* That the proceeds of the military reservation lands sold on Bois Blanc Island near to Fort Mackinaw military reservation shall be set apart as a separate fund for the improvement of the National Park on the Island of Mackinaw Michigan under the direction of the Secretary of War. Sec. 4. That the provisions of the act of August eighteenth, eighteen hundred and fifty-six, relative to military reservations in the State of Florida, and the sixth section of the act of June twelfth, eighteen hundred and fifty-eight, relative to the sale of military sites be, and the same are hereby, repealed.
Sec. 5. Lands containing mineral deposits subject to mineral land laws of United States.Secretary of War may grant certain privileges; erection of bridges, extension of roads, etc. Whenever any lands containing valuable mineral deposits shall be vacated by the reduction or abandonment of any military reservation under the provisions of this act, the same shall be disposed of exclusively under the mineral land laws of the United States. Sec. 6. The Secretary of War shall have authority, in his discretion, to permit the extension of State, county, and Territorial roads across military reservations; to permit the landing of ferries, the erection of bridges thereon; and permit cattle, sheep or other stock animals to be driven across such reservation, whenever in his judgment the same can be done without injury to the reservation or inconvenience to the military forces stationed thereon.
Approved, July 5, 1884.