Gambar halaman
PDF
ePub

197

ACCEPTANCE OF EXTENSION ACT

the acceptor merely secures a right to make in the future a water-right application under the extension act. (Reclamation decisions, November 24, 1917, and February 4, 1918; C. L. 711, 735.)

Acceptances filed after six months from date of public notice.—Where previous water-right application, not under the extension act, has been recorded, a request for permission to accept the terms of the extension act under the act of July 26, 1916, must be forwarded with a formal acceptance to the Washington office. Upon approval of the acceptance it will be forwarded for recording and subsequent Aling in the project office. The request for permission to accept will be retained in the Washington office. Where water-right application is executed under the extension act no other acceptance is necessary, as the execution of such application is equivalent thereto. The request for permission to accept the terms of the extension act under the provision of the act of July 26, 1916, should be forwarded to the Washington office, and upon approval of the request to accept the terms of the act the project manager (superintendent) will be notified, and he will approve the water-right application, if otherwise acceptable, and will cause it to be recorded if it covers land in private ownership. The request for permission to accept will be retained in the Washington office. There can be no acceptance under the act of July 26, 1916, without the filing of a water-right application, as the payments required by said act must necessarily be based upon a water-right application. Where recordation is necessary, acceptances must be acknowledged, and the wife must join in the execution of the acceptance in case she holds under the laws of the State any interest in the land involved. All fees for recording acceptances must be paid by the applicants. (Reclamation decision, November 24, 1917; C. L. 711.)

Payment of accrued charges.-In case public notice issues on or before June 1 and application for permission to accept the extension act and make water-right application thereunder is filed after December 1 of the same year, permission to accept the extension act will not be granted without payment of the charges which would have been required from the applicant had he accepted the act within the six-months period, plus accrued penalties. (Reclamation decision, February 4, 1918; C. L. 735.)

Miscellaneous.—Reclamation instructions, July 27, 1916 (45 L. D. 317); Reclamation circular letters, July 28, 1916, July 29, 1916, September 21, 1916 (No. 595), September 25, 1916 (No. 597), October 7, 1916 (No. 603), and January 24, 1917 (No. 629).

SALE OF BOISE AND ARROWROCK RAILROAD

An act to authorize the Secretary of the Interior to cause to be appraised and to sell the

Boise and Arrowrock Railroad, and for other purposes. (Act August 11, 1916, ch. 318, 39 Stat. 506)

[Sec. 1. When no longer needed, railroad may be appraised and sold at auction-Notice—Proceeds into reclamation fund-Bids may be rejected—Private sale—Sale subject to certain agreements.]—That whenever in the opinion of the Secretary of the Interior the Boise and Arrowrock Railroad, constructed by the Reclamation Service under the provisions of the act of Congress of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), for use in connection with the construction of the Arrowrock Dam, Boise project, is no longer needed for said construction purpose, the said Secretary of the Interior may cause said railroad, together with the right of way on which the same is located, and such part of the equipment and appurtenances used in connection therewith as he shall deem most profitable or economical to sell in connection with said railroad, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value, at public auction, to the highest bidder, after giving public notice of the time and place of sale by posting upon the premises and by publication once a week for not less than four weeks in a newspaper of general circulation in the city of Boise, Idaho, and in three other publications such as may, in the judgment of the Secretary of the Interior, give adequate publicity to the proposals of the Government, the proceeds of such sale to be covered into the reclamation fund and credited to the Boise project, and such credit applied upon the features of said project against which the cost of the construction of said railroad was charged: Provided, That said Secretary may reject any or all bids: Provided further, That after said railroad has once been offered for sale at public auction and not sold the Secretary may, in his discretion, sell said railroad, together with the equipment and appurtenances aforesaid, at private sale on such terms and conditions, and at such price as he may deem to be to the best interest of the Government. Any sale hereunder shall be subject to the terms and conditions of two certain agreements, one dated March second, nineteen hundred and eleven, between the United States and the Barber Lumber Company, and the other dated November eighteenth, nineteen hundred and fifteen, between the Oregon Short Line Railroad Company and the United States. (39 Stat. 506.)

198

PUBLIC LANDS IN IRRIGATION DISTRICTS

An act to promote the reclamation of arid lands. (Act August 11, 1916, ch. 319, 39

Stat. 506)

[Sec. 1. Public lands within irrigation districts made subject to State laws—Benefits of State laws to be extended to holders of public lands Act not applicable to districts with majority acreage of unentered lands. That when in any State of the United States under the irrigation district laws of said State there has heretofore been organized and created or shall hereafter be organized and created any irrigation district for the purpose of irrigating the lands situated within said irrigation district, and in which irrigation district so created or to be created there shall be included any of the public lands of the United States, such public lands so situated in said irrigation district, when subject to entry, and entered lands within said irrigation district, for which no final certificates have been issued, which may be designated by the Secretary of the Interior in the approval by him of the map and plat of an irrigation district as provided in section three, are hereby made and declared to be subject to all the provisions of the laws of the State in which such lands shall be situated relating to the organization, government, and regulation of irrigation districts for the reclamation and irrigation of arid lands for agricultural purposes, to the same extent and in the same manner in which the lands of a like character held under private ownership are or may be subject to said laws: Provided, That the United States and all persons legally holding unpatented lands under entry made under the public land laws of the United States are accorded all the rights, privileges, benefits, and exemptions given by said State laws to persons holding lands of a like character under private ownership, except as hereinafter otherwise provided : Provided further, That this act shall not apply to any irrigation district comprising a majority acreage of unentered land. (39 Stat. 506.) Textual note.The substance of the above section is codified as section 621, title 43, United States Code.

NOTES

Amendment.—This act amended by act May 15, 1922 (42 Stat. 541), 49 L. D. 499.

Validity of tax deed.--The regulation of the Secretary of the Interior requiring filing in the local land office of assignment of homestead entry within an irrigation district, as authorized by section 1, act of August 11, 1916 (39 Stat. 506), was for the benefit of the United States and its land office only, and did not authorize subsequent purchasers of tax deeds to question the validity of a previous deed for failure to comply with the regulation. (Clinton v. Elder et al. (Wyo. 1929), 277 Pac, 968.)

Regulations. For General Land Office regulations under this act, see 46 L. D. 307–317, and 52 L. D. 155.

1 Popularly known as the Smith Act, being so named for Representative in Congress Addison T. Smith, of Idaho.

200

PUBLIC LANDS IN IRRIGATION DISTRICTS

Neither the act of April 21, 1928, nor the amendatory act of June 13, 1930, enlarges, abridges, or impairs the act of August 11, 1916 (39 Stat. 506), in re irrigation districts in their relation to the public lands of the United States, and both the act of April 21, 1928, as amended, and said act of August 11, 1916, may have harmonious operation within their proper spheres. (Regulations of General Land Office, amending Circular 1176—52 I. D. 511.)

Sec. 2. [Irrigation costs to be apportioned against all lands—Certain charges certified to land offices-No obligation against United States Charges made lien upon public lands—Lands may be sold thereforLimitations—Reclamation act.]—That the cost of constructing, acquiring, purchasing, or maintaining the canals, ditches, reservoirs, reservoir sites, water, water right, rights of way, or other property incurred in connection with any irrigation project under said irrigation district laws shall be equitably apportioned among lands held under private ownership, lands legally covered by unpatented entries, and unentered public lands included in said irrigation district. Officially certified lists of the amounts of charges assessed against the smallest legal subdivision of said lands shall be furnished to the register and receiver of the land district within which the lands affected are located as soon as such charges are assessed; but nothing in this act shall be construed as creating any obligation against the United States to pay any of said charges, assessments, or debts incurred.

That all charges legally assessed shall be a lien upon unentered lands and upon lands covered by unpatented entries included in said irrigation district; and said lien upon said land covered by unpatented entries may be enforced upon said unpatented lands by the sale thereof in the same manner and under the same proceeding whereby said assessments are enforced against lands held under private ownership: Provided, That in the case of entered unpatented lands the title or interest which such irrigation district may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to the following conditions and limitations: If such unpatented land be withdrawn under the act of Congress of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as the reclamation act, or subject to the provisions of said act, then the interest which the district may convey by such tax proceedings or tax deed shall be subject to a prior lien reserved to the United States for all the unpaid charges authorized by the said act of June seventeenth, nineteen hundred and two, but the holder of such tax deed or tax title resulting from such district tax shall be entitled to all the rights and privileges in the land included in such tax title or tax deed of an assignee, under the provisions of the act of Congress of June twenty-third, nineteen hundred and ten (Thirty-sixth Statutes, page five hundred and ninety-two), and upon submission to the United States land office of the district in which the land is located of satisfactory proof of such tax title the name of the holder thereof shall be indorsed upon the records of such land office as entitled to the rights of one holding a complete and valid assignment under the said act of June twenty-third, nineteen hundred and ten, and such person may at any time thereafter receive patent upon submitting satisfactory proof of the reclamation and

PUBLIC LANDS IN IRRIGATION DISTRICTS

201

irrigation required by the said act of Congress of June seventeenth, nineteen hundred and two, and acts amendatory thereto, and making the payments required by said acts. (39 Stat. 507.)

Textual note.—The substance of the first paragraph of the above section, and the clause down to the semicolon of the second paragraph, are codified as section 622, title 43, United States Code. The substance of the second paragraph, beginning with Said lien in the third line, is codified as section 626, title 43, United States Code. In the code the last eight words, viz., "and making the payments required by said acts," have been omitted.

The words “and receiver," in the first paragraph of this section, should be omitted by virtue of the act of March 3, 1925 (43 Stat. 1145; sec. 71, title 43, U. S. C.), abolishing the office of receiver.

Sec. 3. [Before lien becomes effective, Secretary of the Interior to approve project—After 10 years he may remove lien if water is not availableIn districts with constructed works, public lands made subject to assessments previously made. That no unentered lands and no entered lands for which no final certificates have been issued shall be subject to the lien or liens herein contemplated until there shall have been submitted by said irrigation district to the Secretary of the Interior, and approved by him, a map or plat of said district and sufficient detailed engineering data to demonstrate to the satisfaction of the Secretary of the Interior the sufficiency of the water supply and the feasibility of the project, and which shall explain the plan or mode of irrigation in those irrigation districts where the irrigation works have not been constructed, and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops, and which shall also show the source of water to be used for irrigation of land included in said district: Provided, That the Secretary of the Interior may, upon the expiration of ten years from the date of his approval of said map and plan of any irrigation district, release from the lien authorized by this act any unentered land or lands upon which final certificate has not issued, for which irrigation works have not been constructed and water of such district made available for the land: Provided further, That in those irrigation districts already organized and whose irrigation works have been constructed and are in operation as soon as a satisfactory map, plat, and plan shall have been approved by the Secretary of the Interior, as in this act provided, such entered and unentered lands shall be subject to all district taxes and assessments theretofore actually levied against the lands in said district and in the same manner in which lands of a like character held under private ownership are subject to liens and assessments. (39 Stat. 507.)

Textual note.—The substance of this section, with the exception of the first proviso, is codified as section 623, title 43, United States Code. The first proviso is codified as Section 625, title 43, United States Code.

Sec. 4. [Record of approval in land offices.]—That upon the approval of the district map or plat as hereinbefore provided by the Secretary of the Interior the register and receiver will noté said approval upon their records where any unentered or entered and unpatented lands are affected. (39 Stat. 508.)

Textual note.-Codified as section 624, title 43, United States Code, the introductory word "That” being omitted.

The words "and receiver" in this section should be omitted for the reason that the act of March 3, 1925 (43 Stat. 1145), abolishes the office of receiver.

88508-37--14

« SebelumnyaLanjutkan »