~§ 859 “TITLE 43.·—·———·—PU. 859. Fee simple to pass in all grants.-·~—-·Whore_ lands have haha or may 1a·roaf1e:· oo gerahte;1 hy any law of Qoagress to may aaa of the aoverai States and Territories, and where such law {liao: not `ooswey the¢fee·si11ap§e titie of tho lands, .01*, requiye pataaés to isstiod therefor, the iist of suoh lands which have eiaae; aa- may 1a—;·eaf{o:··ia$ cer¥i1‘i»e1l byithe (}omi11issiouear_ of the Ge·aea·ai Laad iilfhoo, u11do1·_ the seal of his omhe, either as ta £a·§:*§zaais or eopios of the originals o1‘.rooords shall be·1*egar¢;1ed_ t as ¤;:oax*<¥5$:;;:— the foe simple of all the lands embraced 'in suéh ima that are of the character aooxzteraplated by such Act of ("oag:*o>:s. and iotoxidied to he granted t_11ereby, but where leads e:am·aa·i_·—d ia sooh lists aero not of the lcharactero xembzjaced by soak Avis of Congress, and are not imoxaded to be g·rzmtbd~ tH}{’i;§*<i®§". tho listst so iaw as those lands are cogxcemod, shall be ·‘§‘%(‘ff{*{‘fi}°)}iHt1 andfvoid`, and no _1·_ight,!`t$tle, tclaim, or iixterestl shaii be oo£1s*e5·ed_thoroby. `( R. 244Q.) 1 ··’f SSGJ Seleotioa of- phosphate oaf oil` lands by Idaho- unde1· indemnity and other Iaad gx·a11ts.·-From _ and after February _ §2?, 1913, mareserved public lands- of the U11ite;1¢States in Lthe `fitate of Idaho véhich have been withdrawn or classified as { phosgahate or `oil lands, or aio vahiable fo; phosphates or oil, shall, if otherwise available tmder existing law, subjéot fto seiectioae by the State of Idaho under indemnity :1Hd`0the;· B iam} grams made to it `by Congress whenever suck" selections shaii be made with a View of obtaining or passing title, wiitifa ` aesexjvatioa to the United States of the phosphates audoil iu_ such laads, and of the right to prospect for, mine, and removeitho same, Q ._ g — · _ '_ _ ¤_ Apgsiication fof ae1ccti0:z.——The State; otw Idaho! when apply-" ing to seleotlaods ciassmed asphosphate or oil lands, or valuahle for phosphates ox; oil, with 31 xviow to securing or passing title to the same;i11 aocogdance with the §ro_visio11s· of the in; Qexaaityand other gfaoting Acts, shall "state in the application — for selection that same is made in accordance with and subjeot yto the provisiousaml I'€S&1'V2lt‘iGHS of this section. · Loads selected certified to State; re8er*vation.•:.y—s·lYpox1 satisfactory proof of full compliance with the provisions _0f·th`g law} nodes whioh selection is made and this seétion; the Statewshall, open approval of the selection by. the Secretary of the Interior, be entitled to have the lands certified to it,.`wit;h a reservlition to the United States of all the phosphates and oil in the 1autI` so toertiHod§ together with the right in the Uuitw States, or pera·xms`aaiehorizod by it, to prospect for, mine, anti renibve the wsamo; out before any person not actiixg fortho United States sha}! he entitled to enter upon the laols certified for tho pur-
ot ;»:·os1>eotiog for phosphates or oitho shall furnish, subject to aghsgwostal by the _,_Secreta`ry of the Interior, a 'bond or
aaQo:·ia3;ing as emurity foiithe `payment of all damages to the orops and impgovehaoots on said lands by 1%*53*8011. of such prospecting fox phosphates or oil. Any person who has acquired from the United Statesothe oil or phosphate deposits in any such land, or the right tomine. or remove the same, may reenter iil'id'§3¤Cf.?il§3§’ so much of Qae Ysurfaoe_ thereof as mt. be ro~quirod for all purposes reasonably ixzoident to the rhinigyaud removal of the oil or phosphate thepefrom and mine arid rei ” goovo tho oil or phosphate upon payment ot the damagés—ca¤sod thorohy to the owner thereof, or upon, gfvgag a 'good and st1@— ’ cient hood"oa·ii1n<}ort:aki11g in axxtaetion instituted inaniy €rom··` potent court to ascertain and tix · said damages: ~·Pr0v£ded,· That nothing horoio contained shall be held to deny or abridge tho right of tho·St:.1te of idaho to present aaa hose prompt coasidozwztioa of apgsloicatioos to select lands, whioh have been olasaiood as oil or phosphate loads, with at view to disproving such olzassiiioatiozj and securing a certificate without reservation: Asa proaielori farther, That the reserved phosphate add oil do;>oai1s in approved so1eotio:;s.undor this, section shall not
be suh_§o<·t to oreplorationn or entry, othef than by the United-
emo Lawns 1388 States, except as hereinafter aothorled bylfongresa. (Feb, 27,1913, c, 85; §§ 1-g, 37 Sta.t.»`8@7.) X . 861. Preference of selection granted certain Western States.-—-Phe Statw of North Dakota, South Dakota, Montana, ‘~ Idaho,’and Washington shall hare a preference right over any peraonpor corporation/to select lands subject to entry by eaid i _.States by the Act of Congress approved Fcbrnary 22, 1389, »for a period. of sixty daye after lands hare been enrreyed and ~ duly_dc~cla1‘pd to he subject to aelcction and entry under the general land laws of the United States. ,
Rights of bono fide scttlcrla.-—.S»ncll preference right shall not
”a.ccruei.against bona ii~de»‘l‘¤r>mestcad- or preemption settlers on any of said 'lands at the date or filing of the plat of survey of any township in any local land office of said States. (Mar, 3, 1893, c. 208, 27 Stat, 593:) c _ .j _ ‘· a 862} Patents for wagon-road grants to Grogan.-——ln all cases when the roads in aid. of the construction of [which said lands were sgranted are shown xby·_the_ certidcate of the Goreruor of the State of Oregon to have been constructed and °completed, patents for said lands shall. issue in dao form to the- State of Oregon as-fast as the eamc shall, lander said grants, be selected and certided, unless the··S.tate of Oregon shall by public act have transferredtits interests in said lands to any corporation or corporationspin. which case the intente shall issue from `the General Land Omoo ‘·to each corporation or corporations upon their payment of the necessary expenses thereof :* Provided, That this shall not the coastrned to reyiye any land grant already, expired nor to create any new rights ` of any Qkind except to provide for leaning intents for lands; to which the- Stateis already-entitled. {Jane 18, 18?4,.c. `3&'3, 18-Stat. 80.) ‘ » I · ` . _ ‘ q 863, Survey of lands granted to certain Wcstem States.-· _· It shall be lawful for the-`Goyernora of the States of Washing! ton, Idaho, Montana, North Dakota, South Dakota,. Utah, and Wyoming _ to K apply to the Commissioner of the General Land Omce-for the survey of any. township or townships of `pohlic land then remaining unsurveyed in any of the several saryeying districts, with .aQvlew· to satisfy the public land; grants nxade by the several Acts admitting- the said States? into the Union to the extent of ° the Tall qnantity of land called for thereby; and upon the application of said governors the Corn- ‘1nissioner·of the General Land _Omce shall proceed to immediately notify the Snperyisor of Surveys of the application made by the governor-of any of the said States of the application rhode for thejwithdrawal of said lands, and the —Snperyi# of Surveys shall proceed to hare the survey or snrreys so applied for m‘ode,,as in the cases of surveys of public lands; and the lands that n1ay‘be fonnd to fall within the limltsof snch township or townships, as ascertalnedby the survey, shall be reservcdjnpon the Bling of thefapplication for survey from _ any adverse appropriation by settlement ·or otherwise except _ under rights that smay he fonnd to.— exist of prior inception, for a period to extend from ench application for survey until the expiration of sixty days from the date of the dling or the township plat of survey in the proper district land omce, dnr·~ ing which period of sixty days the State may select i any of such lands not embraced in any valid adverse claim, for the g satisfaction of such grants, with the condition, however, that the governor of the State, within thirty days tromilie date of such Sling or the application for enrrey, shall cause a notice to d be pnblishedhwhich pnblic ation‘shal1'be continued for thirty days from the first publication, in some newspaper of `general circulation in the v§icin·ity`_o£ the lands. likely too he embraced in such township or townships, giving notice to all parties interested of the fact of such application for ysnrvcy and the excluaiye right of selection by the State for the £`if1"ll’9$¥€ll(lj[l{’Y.lOtl oflsixty days as herein provided ffor: and :z’l‘tcr the expiration of such period of. sixty days any lands tvhiclrinay remain
