LANDS FOREST HOMESTEADS. 35 



listed, shall each in the order named, have a preference right of set- 

 tlement and entry : Provided further, That any entryman desiring to 

 obtain patent to any lands described by metes 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 field notes of the lands entered, made by 

 or under the direction of the United States surveyor general, show- 

 ing 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 the time and place of offering proof, in 

 a conspicuous place on the land 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 dis- 

 cretion of the Secretary, be surveyed by metes and bounds, and that 

 no lands entered under the provisions of this act shall be patented 

 under the commutation provisions of the homestead laws, but set- 

 tlers, upon final proof, shall have credit for the period of their actual 

 residence upon the lands covered by their entries. 



Additional homestead rights. 



Sec. 2. That settlers upon lands chiefly valuable for agriculture 

 within forest reserves on January first, nineteen hundred and six, 

 who have already exercised or lost their homestead privilege, but are 

 otherwise competent to enter lands under the homestead laws, are 

 hereby granted an additional homestead right of entry for the pur- 

 poses 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. 



Black Hills Forest Reserve. 



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

 Reserve shallbe subject to the quartz or lode mining laws of the 

 United States, and the laws and regulations permitting the location, 

 appropriation, 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 Hill Forest Reserve under this act 

 shall vest in the patentee any riparian rights to any stream or streams 

 of flowing water within said reserve; and that such limitation of 

 title shall be expressed in the patents for the lands covered by such 

 entries. 



Sec. 4. That no homestead settlements or entries shall -be allowed 

 in that portion of the Black Hills Forest Reserve in Lawrence and 

 Pennington Counties in South Dakota [except the following de- 

 scribed 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 



