24 U.S.C. § 153 : US Code - Section 153: Perfecting bona fide claims to lands; exchange of private lands

Search 24 U.S.C. § 153 : US Code - Section 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.