XATIOXAL FOREST MANUAL LAWS. 31 



Upon the filing of any such list or description the Secretary of the Secretary of tog 

 Interior shall declare the said lands open to homestead settlement and open lands to en _ 

 entry in tracts not exceeding one hundred and sixty acres in area and try. 

 not exceeding one mile in length, at the expiration of sixty days from 

 the filing of the list in the land office of the district within which the 

 lands are located, during which period the said list or description shall 

 be prominently posted in the land office and advertised for a period of 

 not less than four weeks in one newspaper of general circulation pub- 

 lishecl in the county in which the lands are situated: Provided. That 

 any settler actually occupying and in good faith claiming such lands 

 for agricultural purposes prior to January first, nineteen hundred and 

 six, and who shall not have abandoned' the same, and the person, if 

 qualified to make a homestead entry, upon whose application the land 

 proposed to be entered was examined and listed, shall, each in the 

 order named, have a preference right of settlement and entry: Pro- 

 Tided further. That any entryman desiring to obtain patent to any lands 

 described by nretes and bounds entered by him under the provisions 

 of this act shall, within five years of the date of making settlement, 

 file, with the required proof of residence and cultivation, a plat and Plat ^ fiejd 

 field notes of the lands entered, made by or under the direction of the notes to be filed. 

 United States surveyor general, showing accurately the boundaries of 

 such lands, which shall be distinctly marked by monuments on the 

 ground, and by posting a copy of such plat, together with a notice of Notices shall be 

 the time and place of offering 'proof, in a conspicuous place on the land P 08 

 embraced in such plat during the period prescribed by law for the 

 publication of his notice of intention to offer proof, and that a copy of 

 such plat and field notes shall also be kept posted in the office of the 

 register of the land office for the land district in which such lands are 

 situated for a like period; and further, that any agricultural lands 

 within forest reserves may, at the discretion of the Secretary, be sur- Secretary may 

 veyed by metes and bounds, and that no lands entered under the 6 



provisions of this act shall be patented under the commutation pro- 

 visions of the homestead laws, but settlers, upon final proof, shall have 

 credit for the period of their actual residence upon the lands covered by cable, 

 their entries. 



SEC. 2. That settlers upon lands chiefly valuable for agriculture *^ d<ii - tiona t 1 

 within forest reserves on January first, nineteen hundred and six, who ^^i glv s ^ttiers 

 have already exercised or lost their homestead privilege, but are other- prior to Jan. 1, 

 wise competent to enter lands under the homestead laws, are hereby 19 06. 

 granted an additional homestead right of entry for the purposes of this 

 act only, and such settlers must otherwise comply with the provisions 

 of the homestead law, and in addition thereto must pay two dollars 

 and fifty cents per acre for lands entered under the provisions of this 

 section, such payment to be made at the time of making final proof 

 on such lands. 



SEC. 3. That all entries under this act in the Black Hills Forest Entries in Black 

 Reserve shall be subject to the quartz or lode mining laws of the United quam and lode 

 States, and the laws and regulations permitting the location, appro- minirg law. 

 priation, and use of the waters within the said forest reserves for mining, 

 irrigation, and other purposes; and no titles acquired to agricultural 

 lands in said Black Hills Forest Reserve under this act shall vest in the Limitation con- 

 patentee any riparian rights to any stream or streams of flowing water rignte 

 within said reserve; and that such limitation of title shall be expressed Hills, 

 in the patents for the lands covered by such entries. 



SEC. 4. That no homestead settlements or entries shall be allowed Lawrence and 

 in that portion of the Black Hills Forest Reserve in Lawrence and cooties U elce pS 

 Pennington Counties in South Dakota [except the following described e d. 

 townships in the Black Hills Forest Reserve, in Pennington County, 

 South Dakota, to wit: Townships one north, one east; two north, one 

 east; one north, two east; two north, two east; one south, one east; 

 two south, one east; one south, two east; and two south, two east, 

 Black Hills meridian], except to persons occupying lands therein prior 

 to January first, nineteen^ hundred and six, and the provisions of this 

 act shall apply to the said counties in said reserve only so far as is 

 necessary to give and perfect title of such settlers or occupants to lands Actual settlers 

 chiefly valuable for agriculture therein occupied or claimed by them ^ re Jan - l> 



