§ 153. — Perfecting bona fide claims to lands; exchange of private lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 24USC153]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 3--NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS
SUBCHAPTER V--BATTLE MOUNTAIN SANITARIUM RESERVE
Sec. 153. Perfecting bona fide claims to lands; exchange of
private lands
In all cases of unperfected bona fide claims lying within the said
boundaries of said reserve, which claims have been properly initiated
prior to September 2, 1902, said claims may be perfected upon compliance
with the requirements of the laws respecting settlement, residence,
improvements, and so forth, in the same manner in all respects as claims
are perfected to other Government lands: Provided, That to the extent
that the lands within said reserve are held in private ownership the
Secretary of the Interior is authorized in his discretion to exchange
therefor public lands of like area and value, which are surveyed,
vacant, unappropriated, not mineral, not timbered, and not required for
reservoir sites or other public uses or purposes. The private owners
must, at their expense and by appropriate instruments of conveyance,
surrender to the Government a full and unencumbered right and title to
the private lands included in any exchange before patents are issued for
or any rights attached to the public lands included therein, and no
charge of any kind shall be made for issuing such patents. Upon
completion of any exchange the lands surrendered to the Government shall
become a part of said reserve in a like manner as if they had been
public lands at the time of the establishment of said reserve. Nothing
contained in this section shall be construed to authorize the issuance
of any land scrip, and the State of South Dakota is granted the
privilege of selecting from the public lands in said State an equal
quantity of land in lieu of such portions of section sixteen included
within said reserve as have not been sold or disposed of by said State
and are not covered by an unperfected bona fide claim as above
mentioned.
(Mar. 22, 1906, ch. 1127, Sec. 3, 34 Stat. 83.)
