RECLAMATION LANDS. For townsites within Government reclamation projects, see Act of June 17, 1902 (32 Stat., 388)-Reclamation of arid lands- Act of February 8,1905 (33 Stat.,706)-Use of stone and timber 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 27, 1906 (34 Stat., 519)-Minimum area for entry- ments.... Act of June 23, 1910 (36 Stat., 592) Assignment of completed Act of June 25, 1910 (36 Stat., 835)-$20,000,000 appropriated- 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 260 261 Act of February 24, 1911 (36 Stat., 930)-Lease of surplus power. 262 263 263 Act of August 9, 1912 (37 Stat., 265)-Patents may issue on certain conditions.. 264 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 entryNew projects-Assignment of excess farm units-Acceptance of act. 266 266 Act of October 5, 1914 (38 Stat., 727)-Withdrawal of lands for country parks and community centers.. 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 Štates 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, Exception. 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. ricultural colleges. Deficiency. Location construction and of 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. Estimates cost. 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. Surveys, costs, 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 completion, 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 be 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 laSEC. 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 1 Term of payments extended to 20 years by act of Aug. 13, 1914. Limit of work hours. bor. in private owner Payments. 1 any one landowner, and nosuch sale shall be made to any landowner unless he be an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made. The annual installments shall be paid to the receiver of the local land office of the district in which the land is situated, and a failure to make any two payments when due shall render the entry subject to cancellation, with the forfeiture of all rights under this act, as well as of any moneys Disposal of re- already paid thereon. All moneys received from the ceipts. Commissions. Use of reclamation fund. Ownership works. Title. above sources shall be paid into the reclamation fund. Registers and receivers shall be allowed the usual commissions on all moneys paid for lands entered under this act. SEC. 6. That the Secretary of the Interior is hereby authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irrigation of works constructed under the provisions of this act: Provided, That when the payments required by this act are made for the major portion of the lands irrigated from the waters of any of the works herein provided for, then the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the Secretary of the Interior: Provided, That the title to and the management and operation of the reservoirs and the works necessary for their protection and operation shall remain in the Government until otherwise provided by Congress. Condemnation for rights, etc. Irrigation laws of States and Territories fected. not SEC. 7. That where in carrying out the provisions of this act it becomes necessary to acquire any rights or property, the Secretary of the Interior is hereby authorized to acquire the same for the United States by purchase or by condemnation under judicial process, and to pay from the reclamation fund the sums which may be needed for that purpose, and it shall be the duty of the Attorney-General of the United States upon every application of the Secretary of the Interior, under this act, to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the Department of Justice. SEC. 8. That nothing in this act shall be construed as af- affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, Interstate and the Secretary of the Interior, in carrying out the provisions of this act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any streams. 1 To be paid to officer of Reclamation Service; see act of Aug. 9, 1912. landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof: Provided, Basis of use. That the right to the use of water acquired under the provisions of this act shall be apurtenant to the land irrigated and beneficial use shall be the basis, the measure, and the limit of the right. funds. SEC. 9.1 That it is hereby declared to be the duty of Expenditure of the Secretary of the Interior in carrying out the provisions of this act, so far as the same may be practicable and subject to the existence of feasible irrigation projects, to expend the major portion of the funds arising from the sale of public lands within each State and Territory hereinbefore named for the benefit of arid and semiarid lands within the limits of such State or Territory: Provided, Temporary use. That the Secretary may temporarily use such portion of said funds for the benefit of arid or semiarid lands in any particular State or Territory hereinbefore named as he may deem advisable, but when so used the excess shall be restored to the fund as soon as practicable, to the end that ultimately, and in any event, within each ten-year period after the passage of this act, the expenditures for Equalization of the benefit of the said States and Territories shall be equalized according to the proportions and subject to the conditions as to practicability and feasibility aforesaid. benefits. SEC. 10. That the Secretary of the Interior is hereby Regulations. authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. Approved, June 17, 1902 (32 Stat., 388). An Act Authorizing the use of earth, stone, and timber on the public lands and forest reserves of the United States in the construction of works under the national irrigation law. etc., on public tion works. Be it enacted by the Senate and House of Representatives Use of stone, of the United States of America in Congress assembled, lands for irrigaThat in carrying out the provisions of the national irrigation law, approved June seventeenth, nineteen hundred and two, and in constructing works thereunder, the Secetary of the Interior is hereby authorized to use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone, and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is hereby authorized to permit the use of earth, stone, and timber from the forest reserves of the United States for the same purpose, under rules and regulations to be prescribed by him. Approved, February 8, 1905 (33 Stat., 706). 1 Sec. 9 repealed by act of June 25, 1910. |