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resurveys in said townships as may in his judgment be necessary in order to carry out the provisions of this Act.

Received by the President, October 20, 1919 (41 Stat. 325).

[NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]

SWAMP LANDS.

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SEC. 2479. To enable the several States (but not in- Grant of swamp cluding the States of Kansas, Nebraska, and Nevada) to lands to certain construct the necessary levees and drains, to reclaim the states to aid in swamp and overflowed lands therein—the whole of the levees. swamp and overflowed lands, made unfit thereby for cul- , st. 519 Mar. tivation, and remaining unsold on or after the twenty- 12, 1860, 19,8 eighth day of September A. D. eighteen hundred and iš s. 16. fifty, are granted and belong to the several States respectively, in which said lands are situated : Provided, however. That said grant of swamp and overflowed lands, as to the State of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified, as applicable to said three lastnamed States respectively,

SEC. 2480. It shall be the duty of the Secretary of the Secretary of the Interior, to make accurate lists and plats of all such Isteriore to do lands, and transmit the same to the governors of the lands, for trange several States in which such lands may lie, and at the governors of request of the governor of any State in which said swamp

štates. and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the feesimple of said land.

Sept. 28, 1850, 9 S. 519.

States

to where

10 S. 634.

The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by

means of levees and drains. Legal subdivi. Sec. 2481. In making out lists and plats of the lands and unfit for cul- aforesaid all legal subdivisions, the greater part whereof tivation,

is wet and unfit for cultivation, shall be included in said Ibid. lists and plats, but when the greater part of a subdivision

is not of that character, the whole of it shall be excluded

there from. Indemnity

Sec. 2482. Upon proof by the authorized agent of the lands have been State, before the Commissioner of the General Land solades by United Office, that any of the lands purchased by any person Mar. 23. 1855, from the United States, prior to March 2d, 1855, were

“swamp-lands," within the true intent and meaning of the Act entitled "An Act to enable the State of Arkansas and other States to reclaim the swamp-lands within their limits," approved September twenty-eight, eighteen hundred and fifty, the purchase-money shall be paid over to the State wherein said land is situate; and when the lands have been located by warrant or scrip, the said State shall be authorized to locate a like quantity of any of the public lands subject to entry, at one dollar and twenty-five cents per acre, or less, and patents shall issue therefor. The decision of the Commissioner of the General Land Office shall be first approved by the Secretary

of the Interior. Patents to issue for swamp-lands

SEC. 2483. The President of the United States shall to purchasers and cause patents to be issued to the purchaser or purchasers, issuing of pat locator or locators, who made entries of the public lands

claimed as swamp lands, either with cash or land-warIbid.

rants, or scrip, or under any homestead or pre-emption laws prior to the issue of patents to the State or States: Provided, That in all cases where any State through its constituted authorities, may have sold or disposed of any tract or tracts of land prior to the entry sale or location of the same under the pre-emption or other laws of the United States, no patent shall be issued by the President for such tract or tracts of land, until such State through its constituted authorities, shall release its claim thereto in such form as shall be prescribed by the Secretary of the Interior. In all cases where such State did not within ninety days from the second day of March, 1855, the date of an Act entitled, “An Act for the relief of purchasers and locators of swamp and overflowed lands," through its constituted authorities, return to the General Land Office of the United States, a list of all the lands sold as aforesaid, together with the dates of such sales and the names of the purchasers, the President shall issue patents to per

sons who made such entries of the public lands so claimed Selection

as swamp-land. of swamp and Sec. 2484. All lands selected and reported to the Genoverflowed lands

eral Land Office as swamp and overflowed land by the

ents to States.

confirmed.

cases.

several States entitled to the provisions of said act of Mar;23, 1857, Sept. 28, 1850, prior to March third, A, D. eighteen hun

dred and fifty-seven, are confirmed to said States respecdia

tively so far as the same remained vacant and unappro-
priated and not interfered with by an actual settlement
under any law of the United States.
Sec

. 2488. It shall be the duty of the Commissioner of Swamp, and the General Land Office, to certify over to the State of to be certified to * California as swamp and over-flowed lands, all the lands year, in certain represented as such upon the approved township sur

July 23, 1866, veys and plats, whether made before or after the 23d 14 s. 219. 1. day of July, 1866, under the authority of the United

States.

The surveyor-general of the United States for Cali-

fornia, shall under the direction of the Commissioner E of the General Land Office, examine the segregation

maps and surveys of the swamp and overflowed lands, made by said State; and where he shall find them to conform to the system of surveys adopted by the United States, he shall construct and approve township plats accordingly, and forward to the General Land Office for approval.

In segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land.

In case such State surveys are found not to be in accordance with the system of the United States surveys, and in such other townships as no survey has been made by the United States, the Commissioner shall direct the surveyor-general, to make segregation surveys, upon application to the surveyor-general, by the governor of said State, within one year of such application, of all the swamp and overflowed land in such townships, and to report the same to the General Land Office, representing and describing what land was swamp and overflowed, under the grant, according to the best evidence he can obtain.

If the authorities of said State, shall claim as swamp and overflowed, any land not represented as such upon the map or in the returns of the surveyors, the character of such land at the date of the grant September twentyeight, eighteen hundred and fifty, and the right to the same shall be determined by testimony, to be taken before the surveyor-general, who shall decide the same, subject to the approval of the Commissioner of the General Land Office.

Sec. 2489, It shall be the duty of the Commissioner of List of lands the General Land Office, to require the officers of the sent to beneral local land offices in said State (in case the same has not land police. already been done) and the surveyor-general immediately to forward lists of all selections made by the State

Act of 1850

gon.

hereinbefore specified and lists and maps of all swamp and overflowed lands, claimed by said State or surveyed as provided in the ten preceding sections, for final disposition and determination, which final disposition shall be made by the Commissioner of the General Land Office without delay.

Sec. 2490. The provisions of the Act of Congress ennesota and Ore: titled "An Act to enable the State of Arkansas and other

States to redeem” the swamp lands within their limits, Sept. 28, 1850;

S. 519 Mar. approved September twenty-eighth, anno domini eight12, 1860, 12 s. 3.

een hundred and fifty, extend to the States of Minnesota and Oregon: Provided, That the grant shall not include any lands which the Government of the United States may have sold or disposed of under any law, enacted prior to March twelfth, eighteen hundred and sixty, prior to the confirmation of title to be made under the authority of said Act-and the selections to be made from lands already surveyed in each of the States last named, under the authority of the Act aforesaid, shall have been made within two years from the adjournment of the legislature of each State, at its next session after the twelfth day of March, anno domini eighteen hundred and sixtyand as to all lands surveyed or to be surveyed, thereafter, within two years from such adjournment, at the next session after notice by the Secretary of the Interior to the governor of the State, that the surveys have been completed and confirmed.

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