of the topographic and geologic maps and atlases of the United States, made and published by the Geological Survey, at such prices and under such regulations as may from time to time be fixed by him and approved by the Secretary of the Interior; and that a number of copies of each map or atlas, not exceeding five hundred, shall be distributed gratuitously among foreign governments and Departments of our own Government, to literary and scientific associations, and to such educational institutions or libraries as may be designated by the Director of the Survey and approved by the Secretary of the Interior. (Feb. 18, 1897, sec. 1, 29 Stat. 701; 43 U. S. C., sec. 42.)

REGISTERS AND RECEIVERS

1900. Repayment of purchase moneys paid under applications rejected. Where purchase moneys and commissions paid under any public-land law have been or shall be covered into the Treasury of the United States under any application to make any filing, location, selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall be rejected, and neither such applicant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application: Provided, That such person or his legal representatives shall file a request for the repayment of such purchase moneys and commissions within two years from the rejection of such application, entry, or proof. (Mar. 26, 1908, sec. 1, 35 Stat. 48; Dec. 11, 1919, 41 Stat. 366; 43 U. S. C., sec. 95.)

1901. Repayment of excess payments.-In all cases where it shall appear to the satisfaction of the Secretary of the Interior that any person has made any payments to the United States under the publicland laws in excess of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his legal representatives: Provided, That such person or his legal representatives shall file a request for the repayment of such excess within two years after the patent has issued for the land embraced in such payment. (Mar. 26, 1908, sec. 2, 35 Stat. 48; Dec. 11, 1919, 41 Stat. 366; 43 U. S. C., sec. 96.)

1902. Certification of amount of excess moneys and repayment.— When the Commissioner of the General Land Office shall ascertain the amount of any excess moneys, purchase moneys, or commissions in any case where repayment is authorized by the two preceding sections, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof. (Mar. 26, 1908, sec. 3, 35 Stat. 48; Dec. 11, 1919, 41 Stat. 366; 43 U. S. C., sec. 97.)

1903. Rules and regulations.-The Secretary of the Interior is authorized to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of the three preceding sections [43 U. S. C., sec. 95-97] into full force and effect. (Mar. 26, 1908, sec. 4; Dec. 11, 1919, 41 Stat. 367; 43 U. S. C., sec. 98.)

1904. Application of certain act to acts relating to disposition of public lands.-The provisions of the Act of Congress approved December 11, 1919 (41 Stat. L. 366), entitled "An Act to amend an Act approved March 26, 1908, entitled 'An Act to provide for the repayment of certain commissions, excess payments, and purchase moneys paid under the public land laws"" [43 U. S. C., secs. 95-98], is hereby made applicable to all payments in excess of lawful requirements made under the Act of Congress approved February 25, 1920 (41 Stat. L. 437) [30 U. S. C., secs. 181-263], and under any statute relating to the sale, entry, lease, or other disposition of the public lands. (June 27, 1930, 46 Stat. 822; 43 U. S. Č., sec. 98a.)

WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

1905. Withdrawal and reservation of lands for public purposes.-That the President may, at any time in his discretion, temporarily withdraw from settlement, location, sale, or entry any of the public lands of the United States, including Alaska, and reserve the same for water-power sites, irrigation, classification of lands, or other public purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an Act of Congress. (June 25, 1910, sec. 1, 36 Stat. 847; 43 U. S. C., sec. 141.)

1906. Lands withdrawn open to exploration under mining laws; rights of occupants or claimants of oil- or gas-bearing lands.-That all lands withdrawn under the provisions of this Act [43 U. S. C., secs. 141, 142] shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any person who, at the date of any order of withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil- or gasbearing lands and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Provided further, That this Act [43 U. S. C., secs. 141, 142] shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil- or gas-bearing lands after any withdrawal of such lands made prior to June twenty-fifth, nineteen hundred and ten: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this Act [43 U. S. C., secs. 141, 142] all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made. (June 25, 1910, sec. 2, 36 Stat. 847; Aug. 24, 1912, 37 Stat. 497; 43 U. S. C., sec. 142.)

1907. Reservation of lands in North Dakota.-That upon receipt of a proper deed from the State of North Dakota, executed under authority of the Act of its legislative assembly, approved February fifth, nineteen hundred and fifteen, reconveying to the United States

title to section sixteen, township one hundred and thirty-eight north, range eighty-one west, fifth principal meridian, the Secretary of the Interior is authorized to issue patents to said State for such vacant, surveyed, unreserved, unoccupied, nonmineral public lands as may be selected by said State within its boundaries, not exceeding one thousand two hundred and eighty acres in aggregate area, and said section when so reconveyed shall not be subject to settlement, location, entry, or selection under the public-land laws, but shall be reserved for the use of the Department of Agriculture in carrying on experiments in dry-land agriculture at the Northern Great Plains Field Station, Mandan, North Dakota. (July 3, 1916, 39 Stat. 344; 43 U. S. C., sec. 153.)

TIMBER AND STONE LANDS

1908. Sale of lands valuable for timber or stone. That surveyed public lands of the United States within the public-land States, not included within military, Indian, or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes: And provided further, That none of the rights conferred by the act approved July twenty-sixth, eighteen hundred and sixty-six, entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes " [30 U. S. C., secs. 4345, 51], shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by provisions of said act; and such rights shall be expressly reserved in any patent issued under this act. (June 3, 1878, sec. 1, 20 Stat. 89; Aug. 4, 1892, sec. 2, 27 Stat. 348; May 18, 1898, sec. 1, 30 Stat. 418; 43 U. S. C., sec. 311.)

GRAZING LANDS

1909. Secretary of Interior authorized to cooperate with other departments to stop injury to public grazing lands, etc.—That the Secretary of the Interior is hereby authorized to cooperate with any department of the Government in carrying out the purposes of this Act, and in the coordination of range administration, particularly where the same stock grazes part time in a grazing district and part time in a national forest or other reservation. (June 28, 1934, sec. 12, 48 Stat. 1274; 43 U. S. C., sec. 315k.)

1910. National forest administration; lands under.-That the President of the United States is authorized to reserve by proclamation and

place under national-forest administration in any State where national forests may be created or enlarged by Executive order any unappropriated public lands lying within watersheds forming a part of the national forests which, in his opinion, can best be administered in connection with existing national-forest administration units, and to place under the Interior Department administration any lands within national forests, principally valuable for grazing, which, in his opinion, can best be administered under the provisions of this Act: Provided, That such reservations or transfers shall not interfere with legal rights acquired under any publicland laws so long as such rights are legally maintained. Lands placed under the national-forest administration under the authority of this Act shall be subject to all the laws and regulations relating to national forests, and lands placed under the Interior Department administration shall be subject to all public-land laws and regulations applicable to grazing districts created under authority of this Act. Nothing in this section shall be construed so as to limit the powers of the President (relating to reorganizations in the executive departments) granted by title 4 of the Act entitled "An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes", approved March 3, 1933. (June 28, 1934, sec. 13, 48 Štat. 1274; 43 U. S. C., sec. 3151.)

RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT

1911. Use of earth, stone, and timber from public lands and forest reserves.-That in carrying out the provisions of the national irrigation law, approved June seventeenth, nineteen hundred and two [43 U. S. C., ch. 12], and in constructing works thereunder, the Secretary of the Interior is hereby authorized to use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone, and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is hereby authorized to permit the use of earth, stone, and timber from the national forests of the United States for the same purpose, under rules and regulations to be prescribed by him. (Feb. 8, 1905, 33 Stat. 706; Mar. 4, 1917, 34 Stat. 1269; 43 U. S. C., sec. 420.)

RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

1912. Rights-of-way through public lands granted to railroads.-That the right-of-way through the public lands of the United States is hereby granted to any railroad company duly organized under the laws of any State or Territory, except the District of Columbia, or by the Congress of the United States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right-of-way for station

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buildings, depots, machine shops, sidetracks, turnouts, and waterstations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. (Mar. 3, 1875, sec. 1, 18 Stat. 482; 43 U. S. C., sec. 934.)

1913. Several roads through canyons.-That any railroad company whose right-of-way, or whose track or roadbed upon such right-ofway, passes through any canyon, pass, or defile shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right-of-way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. (Mar. 3, 1875, sec. 2, 18 Stat. 482; 43 U. S. C., sec. 935.)

1914. Condemnation of lands.-That the legislature of the proper Territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provisions shall not have been made, such condemnation may be made in accordance with section three of the act entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four. (Mar. 3, 1875, sec. 3, 18 Stat. 482; 43 U. S. C., sec. 936.)

1915. Filing profile of road; forfeiture of rights.-That any railroad company desiring to secure the benefits of this act [43 U. Š. C., secs. 934-939], shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office; and thereafter all such lands over which such right-of-way shall pass shall be disposed of subject to such right-of-way: Provided, That if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. (Mar. 3, 1875, sec. 4, 18 Stat. 483; 43 U. S. C., sec. 937.)

1916. Lands excepted.-That this act [43 U. S. C., secs. 934-939] shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands specially reserved from sale