Chapter 384.
830 words·~4 min read·
/statutes-at-large/vol-26/chapter-384-3346370·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 384.— An act to amend sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes of the United States providing for the selection of lands for educational purposes in lieu of those appropriated for other purposes.February 28, 1891. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Public lands. Homestead settlement on. and selections to supply deficiencies in, school lands.
That sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes of the United State be amended to read as follows: " “Sec. 2275. Where settlements with a view to preemption or homesteadR. S., see. 2275, p. 417, amended. have been, or shall hereafter be made, before the survey of the Settlements, before survey, on section 16 or 36., subject to settlers’ claims.lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections, or either of them, have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State or Territory in which they lie, other lands of equal Lieu lands, where school lands thus taken.acreage are hereby appropriated and granted, and may be selected by said State or Territory, in lieu of such as may be thus taken by preemption or homestead settlers.
And other lands of equal acreage are also hereby appropriated and granted, and may be selected Where school lands are otherwise disposed of.by said State or Territory where sections sixteen or thirty-six are mineral land, or are included within any Indian, military, or other reservation, or are otherwise disposed of by the United States: *Provided*.*Provisos*. Where any State is entitled to said sections sixteen and Waiver of right to school lands by selecting lieu lands.thirty-six, or where said sections are reserved to any Territory, notwithstanding the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections.
And other lands of equal acreage are also hereby appropriated Fractional deficiencies of school lands, etc.and granted, and may be selected by said State or Territory to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural Secretary of Interior to ascertain townships included in certain reservations.cause whatever. And it shall be the duty of the Secretary of the Interior, without awaiting the extension of the public surveys, to ascertain and determine, by protraction or otherwise, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State or Territory shall be entitled to select indemnity lands to the extent of two sections for each of said townships, in lieu of sections sixteen and thirty-six Limitation.therein: but such selections may not be made within the boundaries of said reservations; *Provided, however*, That nothing herein Awaiting restoration of reservations to public domain, for school sections.contained shall prevent any State or Territory from awaiting the extinguishment of any such military, Indian, or other reservation and the restoration of the lands therein embraced to the public FIFTY-FIRST CONGRESS.
Sess. II. Chs. 384, 385, 492. 1891.797 domain and then taking the sections sixteen and thirty-six in place therein; but nothing in this proviso shall be construed as conferringExisting rights. any right not now existing. “Sec. 2276. That the lands appropriated by the preceding sectionR. S., sec. 2276, p. 417, amended. shall be selected from any unappropriated, surveyed public lands, not mineral in character, within the State or Territory where such Principles governing selections to supply deficiencies of school sections and in fractional townships.losses or deficiencies of school sections occur; and where the selections are to compensate for deficiencies of school lands in fractional townships, such selections shall be made in accordance with the following principles of adjustment, to wit:
For each township, or fractional township, containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters of a township, three quarters of a section; for a fractional township, containing a greater quantity of land than one quarter, and not more than one half of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township one-quarter section of land: *Provided*, That the States or Territories*Proviso*. which are, or shall be entitled to both the sixteenth and thirty-sixthDouble lieu lands. sections in place, shall have the right to select double the amounts named, to compensate for deficiencies of school land in fractional townships.
” " Approved, February 28, 1891.