Chapter 1421. To cause certain lands heretofore withdrawn from market for reservoir purposes to be restored to the public domain, subject to entry under the homestead law, with certain restrictions
550 words·~3 min read·
/statutes-at-large/vol-33/chapter-1421-4418664·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 1421.— An Act To cause certain lands heretofore withdrawn from market for reservoir purposes to be restored to the public domain, subject to entry under the homestead law, with certain restrictions. March 3, 1905. [[S. 6644](/us/bill/58/s/6644).] [[Public, No. 154](/us/pl/58/154).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Public lands.Lands reserved for reservoirs at headwaters of Mississippi River, etc., restored to public domain.
That there is hereby restored to the public domain, subject to the easement provided for in section two hereof, all the lands described in a certain proclamation of the President of the United States, dated November twenty-eighth, eighteen hundred and eighty-one. Executive Document Numbered Eight hundred and seventy-two, withdrawing and withholding certain lands from market or entry and reserving the same to aid in the construction of certain reservoirs to be built at the headwaters of the Missisippi and Saint Croix rivers, in the States of Minnesota and Wisconsin, and of the Chippewa and Wisconsin rivers, in the State of Wisconsin, except lot seven of section thirty-three, and lot, five of section thirty-four, township one hundred and forty-four, range twenty-eight west Homestead entry.of the fifth principal meridian; and that these lands when so restored shall be subject to homestead entry only.
Sec. 2. Right to overflow reserved. That the lands hereby restored shall forever be and remain subject to the right of the United States to overflow the same, or any thereof, by such reservoirs as now exist or may hereafter be constructed upon the headwaters of the Mississippi River, and all patents issued for the lands hereby restored shall expressly reserve to the United States such right of overflow. Sec. 3. Preference rights. That in all cases where any of the, lands restored to the public domain by the first section of this Act have heretofore been sold or disposed of by the proper officers of the United States under color of the public and laws, and the consideration received therefor is still retained by the Government, the title of the purchasers may be confirmed, subject to the easement reserved by section two, if, in the opinion of the Secretary of the Interior, justice requires it; and in all cases where first or preliminary homestead entries have been made of the lands hereby restored, and the entry men have attempted to make final proof and final entry, such entrymen shall have a preferred and prior right to enter such lands under the homestead law on showing a compliance with the requirements of said law as to settlement, cultivation, proof, and payment.
Sec. 4. Warning to settlers. That no rights of any kind, except as specified in the fore-going section, shall attach by reason of settlement or squatting upon any of the lands hereinbefore described before the day on which such lands shall be subject to homestead entry at the several land offices; and until said hinds are opened for settlement no person shall enter upon and occupy the same, and any person violating this provision shall never be permitted to enter any of said lands or acquire any title thereto.
Sec. 5. Effect. That this Act shall take effect six months after its approval by the President of the United States. Approved, March 3, 1905.