Chapter 1127. To set apart certain lands in the State of South Dakota, to be known as the Battle Mountain Sanitarium Reserve
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CHAP. 1127.— An Act To set apart certain lands in the State of South Dakota, to be known as the Battle Mountain Sanitarium Reserve. March 22, 1906. [[H. R. 15085](/us/bill/34/hr/15085).] [[Public, No. 62](/us/pl/34/62).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That there are herebyBattle Mountain Sanitarium, Hot Springs, S. Dak.Lands reserved for. reserved from settlement, entry, sale, or other disposal all those certain tracts, pieces, or parcels of land lying and being situate in the State of South Dakota and within the boundaries particularly described as follows:
Beginning at the southwest corner of section eighteen,Description. township seven south, range six east. Black Hills meridian; thence east to the southeast corner of said section eighteen: thence south to the southwest corner of the northwest quarter of section twenty; thence east to the southeast corner of the northeast quarter of section twenty-one; thence north to the northeast corner of the southeast quarter of section nine; thence west to the center of section seven; thence south to the southwest corner of the southeast quarter of section seven; thence west to the northwest corner of section eighteen; thence south to the place of beginning, all in township seven south, range six east, Black Hills meridian, in Fall River County, South Dakota: *Provided,* That nothing herein contained shall be construed*Proviso.*Valid rights not affected. to affect any valid rights acquired in connection with any of the lands embraced within the limits of said reserve.
Sec. 2. That said reserve shall be known as the Battle MountainName of reservation.Control of. Sanitarium Reserve, and shall be under the exclusive control of the Board of Managers of the National Home for Disabled Volunteer Soldiers in connection with the Battle Mountain Sanitarium at Hot Springs, South Dakota, whose duty it shall be to prescribe such rules and regulations and establish such service as they may deem necessary for the care and management of the same. Sec. 3. That in all cases of unperfected bona fide claims lying withinPerfecting bona fide claims. the said boundaries of said reserve, which claims have been properly initiated prior to September second, nineteen hundred and two, said claims may be perfected upon compliance with the requirements of the laws respecting settlement, residence, improvements, and so forth, in the same manner in all respects as claims are perfected to other Government lands: *Provided,* That to the extent that the lands within*Proviso.*Lands in lieu of. said reserve are held in private ownership the Secretary of the Interior is hereby authorized in his discretion to exchange therefor public lands of like area and value, which are surveyed, vacant, unappropriated, not mineral, not timbered, and not required for reservoir sites or other public uses or purposes.
The private owners must, at their expenseSurrender of title to private lands. and by appropriate instruments of conveyance, surrender to the Government a full and unencumbered right and title to the private lands included in any exchange before patents are issued for or any rights attached to the public lands included therein, and no charge of any kind shall be made for issuing such patents. Upon completion of any exchange the lands surrendered to the Government shall become a part of said reserve in a like manner as if they had been public lands at the time of the establishment of said reserve.
Nothing herein containedIssue of land scrip not authorized. shall be construed to authorize the issuance of any land scrip, and the State of South Dakota is granted the privilege of selectingLands in lieu of, granted to South Dakota. from the public lands in said State an equal quantity of land in lieu of such portions of section sixteen included within said reserve as have not been sold or disposed of by said State and are not covered by an unperfected bona fide claim as above mentioned.
Sec. 4. That all persons who shall unlawfully intrude upon saidUnlawful intrusion, etc., prohibited. reserve, or who shall without permission appropriate any object therein or commit unauthorized injury or waste in any form whatever upon the lands or other public property therein, or who shall violate any of the rules and regulations prescribed hereunder, shall, upon conviction,Penalty. 84be fined in a sum not more than one thousand dollars, or be imprisoned for a period not more than twelve months, or shall suffer both fine and imprisonment, in the discretion of the court.
Approved, March 22, 1906.