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Prior to this statute there was no law authorizing the sale or disposal of public mineral lands and all the public land acts contain reservations of some description from their operation of lands known to contain minerals of value.

Kansas City Min., etc., Co. v. Clay, 3 Ariz. 326, p. 330.

C. NEVADA ESTOPPED FROM CLAIMING TITLE TO MINES. The State of Nevada, by the acceptance of the grant as modified by this act, was estopped from thereafter claiming title to any lands valuable for mines of gold, silver, quicksilver, or copper, as such lands were expressly reserved from sale.

Heydenfeldt v. Daney Gold, etc., Min. Co., 10 Nev. 290, p. 312.

14 STAT. 409, FEBRUARY 25, 1867.

WAGON ROAD GRANT-MINERAL LANDS EXCEPTED-OREGON. AN ACT Granting lands to the State of Oregon to aid in the construction of a military wagon road from Dalles City to Fort Boise.

Be it enacted, etc., That there be, and hereby is, granted to the State of Oregon, to aid in the construction of a military wagon road from Dalles City on the Columbia River, by way of Camp Watson, Canon City, and Mormon or Humboldt Basin, to a point on Snake River opposite Fort Boise, in Idaho Territory, alternate sections of public lands, designated by odd numbers, to the extent of three sections in width on each side of said road: Provided, That the lands hereby granted shall be exclusively applied to the construction of said road, and to no other purpose; and shall be disposed of only as the work progresses: And provided further, That any and all lands heretofore reserved to the United States, or otherwise appropriated by act of Congress or other competent authority, be, and the same are hereby, reserved from the operation of this act, except so far as it may be necessary to locate the route of said road through the same, in which case the right of way to the width of 100 feet is granted: And provided further, That the grant hereby made shall not embrace any mineral lands of the United States.

15 STAT. 67, p. 68, chap. 55, JUNE 8, 1868.

COLLEGE GRANT-MINERAL LANDS EXCEPTED-NEVADA.

AN ACT To further provide for giving effect to the various grants of public lands to the State of Nevada. *

Be it enacted, etc.,

SEC. 2. And be it further enacted, etc., That the lands known and designated for the establishment of an agricultural college by the act of July 2, 1862, and the acts amendatory thereto, shall be selected in the same manner and of the same character of lands as may be selected in satisfaction of any other grants referred to in the first section of this act. But this act shall not authorize the selection of lands valuable for mines of gold, silver, quicksilver, or copper.

16 STAT. 581 (AMENDMENT TO 15 STAT. 67), MARCH 3, 1871.

COLLEGE GRANT-MINERAL LANDS EXCEPTED-CALIFORNIA AND

NEVADA.

AN ACT Amendatory of an act entitled "An act to further provide for giving effect to the various grants of public lands to the State of Nevada," approved June 8, 1868. Be it enacted, etc., That section 4 of an act entitled "An act to further provide for giving effect to the various grants of public lands

to the State of Nevada" (15 Stat. 67), be, and the same is hereby, amended so as to read as follows: And it is further enacted that the lands granted to the State of California for the establishment of an agricultural college by the act of July 2, 1862 (12 Stat. 503), and acts amendatory thereto (14 Stat. 208), may be selected by said State from any lands within said State, subject to preemption, settlement, entry, sale, or location, under any laws of the United States. Such selection may be made in any legal subdivisions, adjoining by sides, so as to constitute bodies of not less than 160 acres; or they may be made in separate subdivisions of 40, 80, or 120 acres, respectively: Provided, That this privilege shall not extend to lands upon which there may be rightful claims under the preemption and homestead laws, nor to mineral lands: And provided further, That if lands be selected as aforesaid, the minimum price of which is $2.50 per acre, they shall be taken acre for acre in part satisfaction of the grant, and the State of California shall pay to the United States the sum of $1.25 per acre for each acre so selected, when the same shall be patented to the State by the United States: Provided further, That where lands, sought to be selected for the agricultural college, are unsurveyed, the proper authorities of the State shall file a statement to that effect with the register of the United States land office, describing the land by township and range, and shall make application to the United States surveyor general for a survey of the same, the expenses of the survey for field work to be paid by the State, provided there be no appropriation by Congress for that purpose. The United States surveyor general, as soon as practicable, shall have the said lands surveyed and the township plats returned to the United States Land Office, and lands so surveyed and returned shall, for 30 days after the filing of the plats in the United States Land Office, be held exclusively for location for the agricultural college, and within said 30 days the proper authorities of the State shall make application to the United States Land Office for the lands sought to be located by sections and parts of sections: Provided, That any rights, under the preemption or homestead laws, acquired prior to the filing of the required statement with the United States register, shall not be impaired or affected by this act: And provided further, That such selections shall be made in every other respect subject to the conditions, restrictions, and limitations contained in the acts hereby modified.

A. STATE GRANT-NEVADA.

B. STATE GRANT-CALIFORNIA.

A. STATE GRANT-NEVADA.

1. MINERAL LANDS EXCEPTED.

It has been assumed that not only mining claims but all known mines, whether claimed or not, were reserved from this grant.

Richards v. Dower, 81 Cal. 44, p. 50.

This act, amendatory of the act of 1867, expressly excepts any valid mining claim or possession held under existing laws.

Hawke v. Deffeback, 4 Dak. 20, p. 34.

B. STATE GRANT-CALIFORNIA.

1. SALE BY STATE-MINERAL LANDS EXCEPTED.

By these statutes California was permitted to sell lands, granted from any lands within her limits subject to preemption, except mineral lands.

McNee v. Donahue, 142 U. S. 587, p. 600.

15 STAT. 169, JULY 23, 1868.

NAVIGATION GRANT-MINERAL LANDS EXCEPTED-MINNESOTA.

AN ACT Making a grant of land to the State of Minnesota to aid in the improvement of the navigation of the Mississippi River.

Be it enacted, etc., That there be, and hereby is, granted to the State of Minnesota, for the purpose of aiding said State in constructing and completing a lock and dam at Meekers Island, (so called), in the Mississippi River, in said State, and thereby facilitating the navigation of the Mississippi River between the falls of St. Anthony and the mouth of the Minnesota River, 200,000 acres of public lands, to be selected in alternate odd-numbered sections by an agent to be appointed by the governor of said State, subject to the approval of the Secretary of the Interior: Provided, That said lands shall be selected from the public lands lying within the limits of the said State of Minnesota, and that not more than one section thereof shall be selected in any one township: Provided further, That said selection shall not be made from any lands containing mines of gold, silver, cinnabar, or copper, nor from any lands to which rights of preemption or homestead have attached.

A. STATE GRANT-MINNESOTA.

1. MINERAL LANDS EXCEPTED.

This act expressly declares that neither title nor possession can be acquired or claimed to any valid mining claim or possession held under the act of March 2, 1867 (14 Stat. 541).

Nagler, In re, Copp's Min. Dec. 156.

15 STAT. 178, p. 183, JULY 25, 1868.

SCHOOL GRANT TO WYOMING.

AN ACT To provide a temporary government for the Territory of Wyoming.

Be it enacted, etc., * * *

SEC. 14. And be it further enacted, That sections numbered 16 and 36 in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to public schools in the State or States hereafter to be erected out of the same.

A. SCHOOL GRANT-WYOMING.

1. SCHOOL LANDS-COAL LANDS INCLUDED.

This section makes no exception in reserving sections 16 and 36 for school purposes, and the Land Department is without authority of law for disposing of coal lands found in these sections in Wyoming, except under the act of March 3, 1873 (17 Stat. 607). Foster, In re, Copp's Min. Lands 337.

15 STAT. 340, MARCH 3, 1869.

WAGON ROAD GRANT-MINERAL LANDS EXCEPTED-OREGON.

AN ACT Granting lands to the State of Oregon to aid in the construction of a military road from the navigable waters of Coos Bay to Rosebury in said State.

Be it enacted, etc., That there be, and hereby is, granted to the State of Oregon, to aid in the construction of a military wagon road from the navigable waters of Coos Bay to Rosebury, alternate sections of public lands, designated by odd numbers, to the extent of three sections in width on each side of said road: Provided, That the lands hereby granted shall be exclusively applied to the construction of said road and to no other purpose, and shall be disposed of only as the work progresses: Provided further, That the grant of lands hereby made shall be upon the condition that the lands shall be sold to any one person only in quantities not greater than one-quarter section, and for a price not exceeding $2.50 per acre: And provided further, That any and all lands heretofore reserved to the United States, or otherwise appropriated by act of Congress or other competent authority, be, and the same are hereby, reserved from the operation of this act, except so far as it may be necessary to locate the route of said road through the same, in which case the right of way to the width of 100 feet is granted: And provided further, That the grant hereby made shall not embrace any mineral lands of the United States, or any lands to which homestead or preemption rights have attached.

16 STAT. 594, FEBRUARY 9, 1871.

AGRICULTURAL GRANT-MINERAL LANDS RESERVED-KANSAS. JOINT RESOLUTION Authorizing the sale of a portion of the Fort Leavenworth Military Reservation to the Kansas Agricultural and Mechanical Association of Leavenworth County, in the State of Kansas, for fair grounds.

Be it resolved, etc., That the Kansas Agricultural and Mechanical Association, a corporate body organized under and by virtue of the laws of the State of Kansas, is hereby authorized to purchase from the United States, for the sole purpose and use of such association as a fair ground, and for experimental agriculture and horticulture, that portion of the Fort Leavenworth Military Reservation bounded and described as follows, viz: (here follows a description); reserving to the Government or assigns the right to the coal, or royalty for coal, underlying the same.

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18 STAT. 474, p. 476, 1 SUPP. R. S. 86, MARCH 3, 1875.

SALINES AND MINERALS EXCEPTED FROM GRANT TO COLORADO. AN ACT To enable the people of Colorado to form a constitution and State government, etc.

Be it enacted, etc.,

*

SEC. 11. That all salt springs within said State, not exceeding 12 in number, with six sections of land adjoining, and as contiguous as may be to each, shall be granted to said State for its use, the said land to be selected by the governor of said State within two years after the admission of the State, and when so selected to be used

and disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt spring or lands the right whereof is now vested in any individual or individuals, of which hereafter shall be confirmed or adjudged to any individual or individuals, shall by this act be granted to said State.

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SEC. 15. That all mineral lands shall be excepted from the operation and grants of this act.

A. STATE GRANT

1. MINERAL LANDS EXCEPTED

COLORADO.

INDEMNITY LANDS.

2. LANDS VALUABLE FOR MINERALS—Meaning.
3. SALT SPRINGS-SELECTION AND LIMITATION.
4. COAL LANDS EXCEPTED.

5. SCHOOL LANDS.

a. KNOWN MINERAL LANDS EXCEPTED.

b. TIME GRANT TAKES EFFECT SURVEY.

c. DISCOVERY OF MINERAL SUBSEQUENT TO SURVEYEFFECT.

d. RIGHT OF MINERAL CLAIMANT.

1. MINERAL LANDS EXCEPTED-INDEMNITY LANDS.

Section 15 of this act expressly excepts mineral lands from the operation of the grant. Virginia Lode, In re, 7 L. D. 459, p. 460.

Hall v. Litchfield, 3 C. L. O. 196.

Fox, In re, 4 C. L. O. 66.

Townsite of Silver Cliff v. Colorado, 6 C. L. O. 152.

Twin Lake Consol. Placer Min. Co., In re, 10 C. L. O. 292, p. 293.

Alabama, In re, 15 C. L. O. 7, p. 9.

This act does nor provide that land which is worked for minerals shall be excepted from the grant, but it expressly excepts all mineral lands whether worked or not. Townsite of Silver Cliff v. Colorado, 6 C. L. O. 152.

This section excludes all mineral lands from the operation of the grant, as the words "mineral land", as used in this section, are used in contradistinction to the words "agricultural land."

Hall v. Litchfield, 3 C. L. O. 196.

Fox, In re, 4 C. L. O. 66.

This statute expressly excepts from the grant all mineral lands and gives to the State of Colorado other lands as indemnity therefor, and the grant does not fix the title of the State to any mineral land, and if the mineral character of the land is known prior to certification then other land in lieu of sections 16 and 36 should be certified to the State.

Colorado, In re, 7 L. D. 490, p. 491.

2. LANDS VALUABLE FOR MINERALS- -MEANING.

Such a grant as is made in this act does not exclude all lands in which minerals may be found, but only those where the mineral is in sufficient quantity to justify expenditures for their extraction and known to be so at the date of the grant.

Warren v. Colorado, 14 L. D. 681, p. 685.

See Davis v. Weibbold, 139 U. S. 507.

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