PART I.

MANUAL OF MINERAL LAND LAWS OF THE UNITED STATES.

MINERAL DISTRIBUTION.

The public mineral lands in the various States and Territories, with the exception of Wisconsin, Michigan, Minnesota, Missouri, Kansas,2 Alabama, Oklahoma,* and Texas, are subject to exploration, occupation, and purchase under the mineral land laws of the United States.

The general Government has no ownership in the lands of Texas, the title thereto being in the State, by the terms of its admission into the Union, December 29, 1845. The second section of the joint resolution of Congress of March 1, 1845, provided among other things, that Texas "shall retain all the vacant and unappropriated lands lying within its limits," to be disposed of by the new State, first, in discharging its debts and liabilities, the residue to be disposed of for such purposes and in such manner as to the State should seem fit. The terms of this resolution having been accepted, Texas was admitted to the Union by joint resolution of Congress of December 29, 1845 (9 Stat., 108).

The State has a public land system of its own, under which its lands, both mineral and agricultural, are granted.

The public lands in the other States and Territories above mentioned are by the terms of the statutes disposed of as agricultural without reference to their real character, whether mineral or non-mineral.

1 Sec. 2345, U. S. Rev. Stat., page 158.

2 Act of May 5, 1876 (19 Stat., 52), page 159.

3 Act of March 3, 1883 (22 Stat., 487), page 160. 4 Sec. 16, Act of March 3, 1801 (26 Stat., 1026).

It may be added that the only minerals so far found in these States of any considerable value, are coal, iron, copper, lead and zinc.

The States and Territories in which the public domain is found to contain minerals, arranged as near as may be in the order of their importance in this particular, are Colorado, California, Montana, Alaska," Idaho, South Dakota, Utah, Nevada, Arizona, New Mexico, Washington, Oregon, Wyoming, Arkansas, and North Dakota.

The Executive Department of the Government, charged with the sale of the public lands, obtains its information as to the character thereof chiefly through the representations of those who are seeking to acquire title under the laws. It is unable to advise interested inquirers as to the locality of valuable unappropriated mineral lands, for the reason that the discovery of such lands is invariably accompanied by an act of appropriation by the fortunate discoverer.

Outside of what is disclosed by the public records, the officials have no information not shared by the general public. These records represent the claims for which the Government title is asked. The public domain in States, and Territories not specifically excepted by statute, is all open to exploration by the mineral prospector, and if found to contain valuable mines, to occupation and purchase under the general mining laws. No lands are now withdrawn from settlement and entry under the agricultural land laws because believed to be mineral, and all such withdrawals made in the past by executive order, have been revoked.' The prospector is not restricted in his operations. He may explore any tract of unreserved public land.

The relative rights and privileges of rival claimants under the agricultural and mineral land laws, will be fully considered under the title Character of Land.

The Government can advise as to the status, whether appropriated on the records, and under what law, or

5 The production of gold in Alaska has increased largely in the past year or two. It is impossible, however, to give figures showing the amount as compared with the other States mentioned. It is thought that the relative production is about as indicated in the list.

6 Sec. 2319, U. S. Rev. Statutes, page 119.

7 Circular of April 27, 1880, Copp's Min. Lands, 2d Ed., 56.

whether unappropriated, of any specific tract, and maps can be compiled from the records showing all approved mineral surveys in any locality.

The discovery of mineral on a tract for which patent has issued, or for which entry has been made, under the general land laws, does not defeat the rights of the patentee or entryman, as the case may be. Minerals discovered on such lands belong to the proprietor of the soil. In many of the States government ownership of lands has long since been extinguished. The general Government never owned any of the lands of the original thirteen States. Many of the States and Territories are entirely agricultural in character.

RESERVATIONS.

Within the various public land States are many tracts of land, often of considerable extent, which are excepted from the operations of the general land laws, such as Indian reservations, National parks, forest reservations, military reservations and private land grants, confirmed and unconfirmed.

The Indian reservations, although numerous, are now of comparatively small area. These are being still further reduced by purchases from the Indians by the United States for the purpose of opening the lands thus acquired to disposal under the public land laws. Generally these lands are disposed of under any of the land laws applicable to the character thereof. An exception was made in recent legislation relative to portions of the San Carlos Indian reservation in Arizona (Act of June 10, 1896, 29 Stat. 360), and to portions of the Fort Belknap and Blackfeet Indian reservations in Montana (Act of June 10, 1896, 29 Stat. 353-357).

Briefly stated, these acts provide for the purchase of a portion of each reservation, the survey thereof, and thereafter their disposal under the mineral and coal land laws of the United States, with a preference right of purchase by those who, prior to the cession of the lands, had discovered and opened mines in good faith.8

The largest and most important Indian reservation

8 By the act of June 7, 1897 (30 Stat., 93), those portions of the acts named, granting a preference right of entry, were repealed.

within the United States is the Indian Territory. This has been much reduced in recent years by the purchase and opening to settlement of what is now called the Territory of Oklahoma. Contrary to the usual rule, the lands in Oklahoma are subject to disposal only under the homestead and town site laws without regard to their actual character. Sec. 16, Act of March 3, 1891 (26 Stat. 1026).

The lands remaining in the Indian Territory are not subject to exploration, occupation and purchase under the mineral land laws, and parties entering thereon are liable to ejectment and prosecution as trespassers.

ALASKA.

By the act of May 17, 1884 (23 Stat. 24), the operation of the mineral land laws of the United States was extended to Alaska. The claimant has to pursue exactly the same course to acquire title to mineral lands there that he would pursue in other public mineral land States. The mineral land laws and regulations are printed on pages 119 to 171; and in Part IV. of this book may be found special information relative to Alaska and adjacent portions of the British Possessions.

NATIONAL PARKS.

The National Parks, such as the Yosemite in California, and the Yellowstone in Wyoming, were established for the purpose of preserving for the people, regions of great natural beauty. The mineral deposits therein are specifically reserved from the operation of the mineral land laws.10

FOREST RESERVES.

Within recent years a number of large reservations, called Forest Reserves, have been established, under the act of March 3, 1891 (26 Stat. 1103), by Executive proclamation, in the public land States and Territories, the primary purpose thereof being the pro

9 Negotiations are now being conducted by authorization of Congress with the Indian nations in the Indian Territory, for the purpose of securing their consent to an abandonment of their present forms of government, and the opening of their surplus lands to settlement.

10 Act September 25, 1890 (26 Stat., 478); Act October 1, 1890 (26 Stat., 650).