NATIONAL FOREST MANUAL LAWS. 25 



nineteen hundred and four, commonly known as the Kinkaid Act, Reclamation 



or entries under the act of June seventeenth, nineteen hundred and A^ct 



two, commonly known as the reclamation act, and that the provisions 



of this section relative to the homestead period shall apply to all 



unperfected entries as well as entries hereafter made upon which 



residence is required: Provided, That the Secretary of the Interior 



shall, within sixty days after the passage of this act, send a copy of 



the same to each homestead entryman of record who may be affected 



thereby, by ordinary mail to his last known address, and any such 



entryman may, by giving notice within one hundred and twenty 



days after the passage of this act, by registered letter to the register 



and receiver of the local land office, elect to make proof upon his entry .Right of elec- 



under the law under which the same was made without regard to the tlon " 



provisions of this act." [But see next below, from sundry civil 



appropriation act Aug. 24, 1912.] 



"SEC. 2297. If, at any time after the filing of the affidavit as 

 required in section twenty-two hundred and ninety and before the 

 expiration of the three years mentioned in section twenty-two hundred 

 and ninety -one, it is proved, after due notice to the settler, to the 

 satisfaction of the register of the land office that the person having 

 filed such affidavit has failed to establish residence within six months 

 after the date of entry, or abandoned the land for more than six 

 months at any time, then and in that event the land so entered shall 

 revert to the Government: Provided, That the three years' period of Reverter to 

 residence herein fixed shall date from the time of establishing actual Umted States, 

 permanent residence upon the land: And provided further, That where Commence- 

 there may be climatic reasons, sickness, or other unavoidable cause, S^rtaiJcases 06 

 the Commissioner of the General Land Office may, in his discretion, 

 allow the settler twelve months from the date of filing in which to 

 commence his residence on said land under such rules and regulations 

 as he may prescribe ". 



Sundry civil appropriation act of August 24, 1912 (37 Stat, 455). 



That the failure of a homestead entryman to give notice of election 

 of making his proof as required by the act of June sixth, nineteen 

 hundred and twelve, being an act to amend sections [twenty-] two 

 hundred and ninety-one and [twenty-] two hundred and ninety-seven 

 of the Revised Statutes of the United States, relating to homesteads, 

 shall not in anywise prejudice his rights to proceed in accordance 

 with the law under which such entry was made. 



Act of May 14, 1880, sec. 3 (21 Stat., 140). 



SEC. 3. That any settler -^who has settled, or who shall hereafter Settlement 

 settle, on any of the public lands of the United States, whether sur- ggjj?' time 

 veyed or unsurveyed, with the intention of claiming the same under 

 the homestead laws, shall be allowed the same time to file his home- 

 stead application and perfect his original entry in the United States 

 Land Office as is now allowed to settlers under the preemption laws to 

 put their claims on record, and his right shall relate back to the date 

 of settlement the same as if he settled under the preemption laws. 



Act of March 3, 1911 (36 Stat., 1084), validating certain homestead entries in National 



Forests. 



That all homestead entries which have been canceled or relin- Canceled or re- 

 quished, or are invalid ^ solely because of the erroneous allowance of {instated, etc! 168 

 such entries after the withdrawal of lands for national forest purposes, 

 may be reinstated or allowed to remain intact, but in the case of 

 entries heretofore canceled applications for reinstatement must be 

 filed in the proper local land office prior to July first, nineteen hundred 

 and twelve. 



SEC. 2. That in all cases where contests were initiated under the Contests, pref- 

 provisions of the act of May fourteenth, eighteen hundred and eighty, en 

 prior to the withdrawal of the land for national forest purposes, the 

 qualified successful contestants may exercise their preference right to 

 enter the land within six months after the passage of this act. 



