Grant of swamp and overflowed States to aid in levees. 1860, 12 S., 3; Feb. SWAMP LANDS. Revised Statutes, Secs. 2479-2484-Grant of swamp and overflowed Secs. 2488-2490-Swamp lands in California. It has been specifically provided that certain States shall not be entitled to swamp-lands, but other lands have been granted in lieu thereof. Such States in which this question might be of any special importance now, and acts of Congress affecting the same, are as follows: Montana, North Dakota, South Dakota and Washington, Sec. 17 of the act of February 22, 1889 (25 Stat., 676); Idaho, Sec. 11 of the act of July 3, 1890 (26 Stat., 214); Wyoming, Sec. 11 of the act of July 10, 1890 (26 Stat., 222); Utah, Sec. 12 of the act of July 16, 1894 (28 Stat., 107); Arizona and New Mexico, Secs. 7 and 25, respectively, of the act of June 20, 1910 (36 Stat., 557); Kansas, Nebraska and Nevada, Revised Statutes, Sec. 2479. UNITED STATES REVISED STATUTES. SEC. 2479. To enable the several States (but not inlands to certain cluding the States of Kansas, Nebraska, and Nevada) to construction of construct the necessary levees and drains, to reclaim the Sept. 28, 1850, Swamp and overflowed lands therein the whole of the 9 St., 519; Mar. 12, swamp and overflowed lands, made unfit thereby for cul19, 1874, 18 S., 16. tivation, and remaining unsold on or after the twentyeighth day of September A. D. eighteen hundred and fifty, are granted and belong to the several States respectively, in which said lands are situated: Provided, however, That said grant of swamp and overflowed lands, as to the State of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified, as applicable to said three lastnamed States respectively. Secretary of the Interior to make or transmission of States. SEC. 2480. It shall be the duty of the Secretary of the lists of such lands, Interior, to make accurate lists and plats of all such to the governors lands, and transmit the same to the governors of the several States in which such lands may lie, and at the request of the governor of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the feesimple of said land. Sept. 28, 1850, 9 S., 519. Legal subdivi sions mostly wet and The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains. SEC. 2481. In making out lists and plats of the lands unfit for aforesaid all legal subdivisions, the greater part whereof is cultivation, wet and unfit for cultivation, shall be included in said 4 lists and plats, but when the greater part of a subdivision Ibid. is not of that character, the whole of it shall be excluded therefrom. States where sold by United S., 634. SEC. 2482. Upon proof by the authorized agent of the Indemnity to State, before the Commissioner of the General Land- lands have been Office, that any of the lands purchased by any person states. from the United States, prior to March 2d, 1855, were Mar. 2, 1855, 10 "swamp-lands," within the true intent and meaning of the act entitled "An act to enable the State of Arkansas and other States to reclaim the swamp-lands within their limits," approved September twenty-eight, eighteen hunhundred and fifty, the purchase-money shall be paid over to the State wherein said land is situate; and when the lands have been located by warrant or scrip, the said State shall be authorized to locate a like quantity of any of the public lands subject to entry, at one dollar and twenty-five cents per acre, or less, and patents shall issue therefor. The decision of the Commissioner of the General Land-Office shall be first approved by the Secretary of the Interior. locators prior to SEC. 2483. The President of the United States shall Patents to issue for swamp-lands cause patents to be issued to the purchaser or purchasers, to purchasers and locator or locators, who made entries of the public lands issuing of patents claimed as swamp lands, either with cash or land-war- to States. rants, or scrip, or under any homestead or pre-emption Ibid. laws prior to the issue of patents to the State or States: Provided, That in all cases where any State through its constituted authorities, may have sold or disposed of any tract or tracts of land prior to the entry sale or location of the same under the pre-emption or other laws of the United States, no patent shall be issued by the President for such tract or tracts of land, until such State through its constituted authorities, shall release its claim thereto in such form as shall be prescribed by the Secretary of the Interior. In all cases where such State did not within ninety days from the second day of March, 1855, the date of an act entitled, "An act for the relief of purchasers and locators of swamp and overflowed lands," through its constituted authorities, return to the General Land-Office of the United States, a list of all the lands sold as aforesaid, together with the dates of such sales and the names of the purchasers, the President shall issue patents to persons who made such entries of the public lands so claimed as swamp-land. swamp and over firmed. SEC. 2484. All lands selected and reported to the Gen- Selection of eral Land-Office as swamp and overflowed land by the flowed lands conseveral States entitled to the provisions of said act of Mar. 3, 1857, 11 Sept. 28, 1850, prior to March third, A. D. eighteen hun- S., 251. dred and fifty-seven, are confirmed to said States respectively so far as the same remained vacant and unappropriated and not interfer d with by an actual settlement under any law of the United States. overflowed lands State within one Swamp and SEC. 2488. It shall be the duty of the Commissioner to be certified to of the General Land Office, to certify over to the State year, in certain of California as swamp and over-flowed lands, all the lands represented as such upon the approved township surveys and plats, whether made before or after the 23d day of July, 1866, under the authority of the United States. cases. July 23, 1866, 14 S., 219. selected to Land Office. be The surveyor-general of the United States for California, shall under the direction of the Commissioner of the General Land Office, examine the segregation maps and surveys of the swamp and overflowed lands, made by said State; and where he shall find them to conform to the system of surveys adopted by the United States, he shall construct and approve township plats accordingly, and forward to the General Land-Office for approval. În segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land. In case such State surveys are found not to be in accordance with the system of the United States surveys, and in such other townships as no survey has been made by the United States, the Commissioner shall direct the surveyor general, to make segregation surveys, upon application to the surveyor-general, by the governor of said State, within one year of such application, of all the swamp and overflowed land in such townships, and to report the same to the General Land Office, representing and describing what land was swamp and overflowed, under the grant, according to the best evidence he can obtain. If the authorities of said State, shall claim as swamp and overflowed, any land not represented as such upon the map or in the returns of the surveyors, the character of such land at the date of the grant September twentyeight, eighteen hundred and fifty, and the right to the same shall be determined by testimony, to be taken before the surveyor-general, who shall decide the same, subject to the approval of the Commissioner of the General Land Office. List of lands SEC. 2489. It shall be the duty of the Commissioner of sent to General the General Land Office, to require the officers of the local land-offices in said State (in case the same has not already been done) and the surveyor-general immediately to forward lists of all selections made by the State hereinbefore specified and lists and maps of all swamp and overflowed lands, claimed by said State or surveyed as provided in the ten preceding sections, for final disposition and determination, which final disposition shall be made by the Commissioner of the General Land Office without delay. |