Title 24, Hospitals and AsylumsRelease 119-102

§153 Perfecting Bona Fide Claims to Lands; Exchange of Private Lands

Title 24 › CHAPTER 3 — NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS › SUBCHAPTER V — BATTLE MOUNTAIN SANITARIUM RESERVE › § 153

Last updated Aug 21, 2026|Official source

Summary

People who started a genuine land claim inside the reserve before September 2, 1902, can finish that claim if they follow the usual rules for settling, living on, and improving the land, the same as for other government land. If parts of the reserve are privately owned, the Secretary of the Interior can trade those private lands for public lands of equal area and value, as long as the public lands are surveyed, empty, not claimed, not mineral, not wooded, and not needed for reservoirs or other public uses. Private owners must, at their own expense, give the government a clear title to their land before any official title is issued for the exchanged public land, and no fee may be charged for issuing those titles. Lands given to the government in an exchange become part of the reserve as if they had been public land from the start. No land scrip may be issued. The State of South Dakota may pick an equal amount of public land in the State to replace unsold parts of section sixteen inside the reserve that the State has not sold and that are not covered by the claims mentioned above.

Full Legal Text

Title 24, §153

Hospitals and Asylums, Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

24 U.S.C. § 153

Title 24, Hospitals and Asylums

Last Updated

Aug 21, 2026

Release point: 119-102