Chapter 1801. To amend the homestead laws as to certain unappropriated and unreserved lands in Nebraska
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CHAP. 1801.— An Act To amend the homestead laws as to certain unappropriated and unreserved lands in Nebraska. April 28, 1904.[[H. R. 14826](/us/bill/33/hr/14826).][[Public, No. 233](/us/pl/33/233).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That from and after sixty daysPublic lands.Nebraska.Homestead entries for 640 acres allowed on certain arid lands.Location. after the approval of this Act entries made under the homestead laws in the State of Nebraska west and north of the following line, to wit:
Beginning at a point on the boundary line between the States of South Dakota and Nebraska where the first guide meridian west of the sixth principal meridian strikes said boundary; thence running south along said guide meridian to its intersection with the fourth standard parallel north of the base line between the States of Nebraska and Kansas; thence west along said fourth standard parallel to its intersection with the second guide meridian west of the sixth principal meridian; thence south along said second guide meridian to its inter-section with the third standard parallel north of the said base line; thence west along said third standard parallel to its intersection with the range line between ranges twenty-five and twenty-six west of the sixth principal meridian; thence south along said line, to its intersection with the second standard parallel north of the said base line; thence west on said standard parallel to its intersection with the range line between ranges thirty and thirty-one west; thence south along said line, to its intersection with the boundary line between the States of Nebraska anti Kansas, shall not exceed in area six hundred and forty acres, and shall be as nearly compact in form as possible, and in no event over two miles in extreme length: *Provided,* That there shall be*Proviso*.Irrigable lands excluded. excluded from the provisions of this Act such lands within the territory herein described as in the opinion of the Secretary of the Interior it may be reasonably practicable to irrigate under the national irrigation law, or by private enterprise: and that said Secretary shall, prior toDesignation of exclusion. the date above mentioned, designate and exclude from entry under this Act the lands, particularly along the North Platte River, which in his opinion it may be possible to irrigate as aforesaid; and shall thereafter, from time to time, open to entry under this Act any of the 548lands so excluded, which, upon further investigation, he may conclude can not be practically irrigated in the manner aforesaid.
Sec. 2. Entries by present homesteaders.That entrymen under the homestead laws of the United States within the territory above described who own and occupy the lands heretofore entered by them, may, under the provisions of this Act and subject to its conditions, enter other lands contiguous to their said homestead entry, which shall not , with the land so already entered, owned, and occupied, exceed in the aggregate six hundred and forty acres; and residence upon the original homestead shall be accepted as equivalent to residence upon the additional land so entered, but final entry shall not be allowed of such additional land until five years after first entering the same.
Sec. 3. Fees.That the fees and commissions on all entries under this Act shall be uniformly the same as those charged under the present law Commutation not allowed.for a maximum entry at the minimum price. That the commutation provisions of the homestead law shall not apply to entries under this Act, and at the time of making final proof the entryman must prove affirmatively that he has placed upon the lands entered permanent improvements of the value of not less than one dollar and twenty-five *Provisos.*Additional entries.cents per acre for each acre included in his entry: *Provided,* That a former homestead entry shall not be a bar to the entry under the provisions of this Act of a tract which, together with the former Time limit.entry, shall not exceed six hundred and forty acres: *Provided,* That any former homestead entry man who shall be entitled to an additional entry under section two of this Act shall have for ninety days after the passage of this Act the preferential right to make additional entry as provided in said section.
Approved, April 28, 1904.