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in the construction of railroads, and for other purposes,' approved September twenty-ninth, eighteen hundred and ninety, and the several acts amendatory thereof," approved December twelfth, eighteen hundred and ninety-three, be, and the same is hereby, amended so as to read as follows:

set

"That section three of an act entitled 'An act to forfeit Right of tlers to purchase certain lands heretofore granted for the purpose of aiding extended. in the construction of railroads, and for other purposes, approved September twenty-ninth, eighteen hundred and ninety, and the several acts amendatory thereof, be, and the same is, amended so as to extend the time within which persons entitled to purchase lands forfeited by said act shall be permitted to purchase the same, in the quantities and upon the terms provided in said section, at any time prior to January first, eighteen hundred and ninetyseven; Provided, That actual residence the lands by persons claiming the right to purchase the same shall not quired. be required where such lands have been fenced, cultivated, or otherwise improved by such claimants, and such persons shall be permitted to purchase two or more tracts of such lands by legal subdivisions, whether contiguous or not, but not exceeding three hundred and twenty acres in the aggregate."

upon

Approved, January 23, 1896 (29 Stat., 4).

An Act To amend an act entitled "An act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes," approved September twenty-ninth, eighteen hundred and ninety, and the several acts amendatory thereof.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of an act entitled "An act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes, proved September twenty-ninth, eighteen hundred and ninety, and the several acts amendatory thereof, be, and the same is, amended so as to extend the time within. which persons entitled to purchase lands forfeited by said act shall be permitted to purchase the same, in the quantities and upon the terms provided in said section and the amendments thereto, at any time prior to January first, eighteen hundred and ninety-nine: Provided, That nothing herein contained shall be so construed as to interfere with any adverse claim that may have attached to the lands or any part thereof.

Approved, February 18, 1897 (29 Stat., 535).

Actual residence not re

Limit of pur

chases.

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An Act To withdraw certain public lands from private entry, and for
other purposes.
*

*

SEC. 4. That the price of all sections and parts of sections of the public lands within the limits of the portions of the several grants of lands to aid in the construction of railroads which have been heretofore and which may hereafter be forfeited, which were by the act making such grants or have since been increased to the double minimum price, and also of all lands within the limits of any such railroad grant, but not embraced in such grant, lying adjacent to and coterminous with the portions of the line of any such railroad which shall not be completed at the date of this act, is hereby fixed at one dollar and twenty-five cents per acre.

Approved, March 2, 1889 (25 Stat., 854).

RECLAMATION LANDS.

For townsites within Government reclamation projects, see
"Townsites"
Act of June 17, 1902 (32 Stat., 388)-Reclamation of arid lands-
Construction of works-Withdrawal and restoration of lands-
Water-right charges-Lands in private ownership-Interstate
streams..

Act of February 8,1905 (33 Stat.,706)-Use of stone and timber
on public lands for irrigation work

Act of March 3, 1905 (33 Stat., 1032,-Proceeds from sales of materials to go to reclamation fund.

Act of April 16, 1906 (34 Stat., 116)-Lease of surplus power..
Act of June 12, 1906 (34 Stat., 259)-Reclamation act extended
to Texas

Act of June 27, 1906 (34 Stat., 519)-Minimum area for entry-
Extension of time for submitting proof on desert entries....
Act of April 30, 1908 (35 Stat., 85)-Irrigation of Indian allot-

ments.

Act of June 23, 1910 (36 Stat., 592) Assignment of completed
entries..

Act of June 25, 1910 (36 Stat., 835)-$20,000,000 appropriated-
No entries allowed until unit and charges are fixed..
Act of June 25, 1910 (36 Stat., 864)-Leave of absence..
Act of February 2, 1911 (36 Stat., 895)-Sale of lands not needed
for irrigation purposes...

Page

377

249

253

254

254

254

254

256

256

257

259

259

Act of February 13, 1911 (36 Stat., 902)-Withdrawal and changes of public notices authorized..

260

Act of February 18, 1911 (36 Stat., 917)—Lands entered prior
to June 25, 1910, and relinquished, subject to entry..
Act of February 21, 1911 (36 Stat., 925)-Contracts to sell or
convey water authorized..

260

261

Act of February 24, 1911 (36 Stat., 930)-Lease of surplus power.
Act of April 30, 1912 (37 Stat., 105)-Leave of absence...
Act of July 24, 1912 (37 Stat., 200)-Desert-land entrymen may
assign..

262

263

263

Act of August 9, 1912 (37 Stat., 265)-Patents may issue on certain conditions...

264

266

Act of August 26, 1912 (37 Stat., 610)-Patents on desert-land
entries...

Act of August 13, 1914 (38 Stat., 686) Extension of time within
which to pay water-right charges-Penalties for nonpayment—
Reclamation requirements-When lands subject to entry—
New projects-Assignment of excess farm units-Acceptance

of act.

Act of October 5, 1914 (38 Stat., 727)-Withdrawal of lands for country parks and community centers..

266

271

Act of March 4, 1915 (38 Stat., 1215)-Entries in lieu of lands not irrigable....

272

An Act Appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands.

lamation fund es

certain public

Be it enacted by the Senate and House of Representatives Irrigation; recof the United States of America in Congress assembled, tablished from That all moneys received from the sale and disposal of land receipts public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico,

249

Exception.

ricultural colleges.

North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June thirtieth, nineteen hundred and one, including the surplus of fees and commissions in excess of allowances to registers and receivers, and excepting the five per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are hereby, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the "reclamation fund," to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said States and Territories, and for the payment of all other expendiSupport of ag- tures provided for in this act: Provided, That in case the receipts from the sale and disposal of public lands other than those realized from the sale and disposal of lands referred to in this section are insufficient to meet the requirements for the support of agricultural colleges in the several States and Territories, under the act of August thirtieth, eighteen hundred and ninety, entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two," the deficiency, if any, in the sum necessary for the support of the said colleges shall be provided for from any moneys in the Treasury not otherwise appropriated. Location and SEC. 2. That the Secretary of the Interior is hereby irrigation works. authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells, and to report to Congress at the beginning of each regular session as to of the results of such examinations and surveys, giving estimates of cost of all contemplated works, the quantity and location of the lands which can be irrigated therefrom, and all facts relative to the practicability of each irrigation project; also the cost of works in process of construction as well as of those which have been completed.

Deficiency.

construction

Estimates

cost.

of

Lands withdrawn from public entry.

Restoration. Entry of irrigable lands.

SEC. 3. That the Secretary of the Interior shall, before giving the public notice provided for in section four of this act, withdraw from public entry the lands required for any irrigation works contemplated under the provisions of this act, and shall restore to public entry any of the lands so withdrawn when, in his judgment, such lands are not required for the purposes of this act; and the Secretary of the Interior is hereby authorized, at or immediately prior to the time of beginning the surveys for any contemplated irrigation works, to withdraw from entry, except under the homestead laws, any public lands

tries.

etc.

believed to be susceptible of irrigation from said works: Provided, That all lands entered and entries made under Homestead enthe homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this act; that said surveys shall be prosecuted diligently to com- Surveys, costs, pletion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry; that public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty nor more than one hundred and sixty acres, and shall be subject to the limitations, charges, terms, and conditions herein provided: Provided, That the commutation provisions of Commutation the homestead laws shall not apply to entries made under this act.

not allowed.

irrigable lands,

SEC. 4. That upon the determination by the Secretary Contracts. of the Interior that any irrigation project is practicable, he may cause to be let contracts for the construction of the same, in such portions or sections as it may be practicable to construct and complete as parts of the whole project, providing the necessary funds for such portions or sections are available in the reclamation fund, and thereupon he shall give public notice of the lands irrigable Public notice of under such project, and limit of area per entry, which charges, etc. limit shall represent the acreage which, in the opinion of the Secretary, may be reasonably required for the support of a family upon the lands in question; also of the charges which shall be made per acre upon the said entries, and upon lands in private ownership which may bẹ irrigated by the waters of the said irrigation project, and the number of annual installments, not exceeding ten,1 in which such charges shall be paid and the time when such payments shall commence. The said charges shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project, and shall be apportioned equitably: Provided, That in all construction work eight hours shall constitute a days' work, and no Mongolian labor shall be employed thereon. Mongolian SEC. 5.2 That the entryman upon lands to be irrigated Requirement s by such works shall, in addition to compliance with the of entrymen. homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the lands covered by his entry shall pay to the Government the charges apportioned against such tract, as provided in section four. No right Limit for lands to the use of water for land in private ownership shall be ship. sold for a tract exceeding one hundred and sixty acres to

Term of payments extended to 20 years by act of Aug. 13, 1914.
Sec. Manner of payments, amended by act of Aug. 9, 1912.

Limit of work

hours.

bor.

la

in private owner

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