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LANDS FOR RESERVOIR SITES IN SUN RIVER AND IN MILK

RIVER IRRIGATION PROJECTS

An act to authorize an exchange of lands with the State of Montana in connection with Muddy Creek Reservoir site, Sun River project, and Nelson Reservoir site, Milk River project, and for other purposes. (Act February 28, 1919, ch. 74, 40 Stat. 1205)

[Sec. 1. Conveyance by State to United States—Conveyance by United States to State-Lands conveyed to United States reserved—May be restored.]—That upon receipt of proper deeds from the State Board of Land Commissioners of the State of Montana, executed under authority of its legislative assembly, reconveying to the United States of America title to the northwest quarter of the northwest quarter section 2, north half of the northeast quarter and southeast quarter of the northeast quarter section 3, township 22 north, range 1 west, Montana principal meridian; northeast quarter of the northeast quarter, south half of the northeast quarter, and southeast quarter section 20, east half of the northeast quarter, and southeast quarter section 21, southwest quarter of the northwest quarter, east half of the southwest quarter, and southwest quarter of the southeast quarter section 27, northeast quarter, northwest quarter, north half of the southwest quarter, and north half of the southeast quarter section 28, north half of the southwest quarter section 29, southeast quarter of the northwest quarter section 30, north half of the northeast quarter, and north half of the northwest quarter section 32, north half of the northeast quarter, and northeast quarter of the northwest quarter section 33, east half of the northeast quarter, south half of the northwest quarter, east half of the southwest quarter, and west half of the southeast quarter section 34, township 23 north, range 1 west, Montana principal meridian, for the Muddy Creek Reservoir site, Sun River project; and the northwest quarter of the northeast quarter section 35, township 32 north, range 32 east, north half of the southwest quarter section 4, township 31 north, range 32 east, and all of section 36, township 32 north, range 31 east, Montana principal meridian, for the Nelson Reservoir site, Milk River project; the Secretary of the Interior is authorized to issue patents to said State for such vacant, surveyed, unreserved, unoccupied, nonmineral public lands as may be selected by said State within its boundaries, not exceeding the amount of land included in said deeds, and said land when so reconveyed shall not be subject to settlement, location, entry, or selection under the public land laws, but shall be reserved for the use of the United States Reclamation Service for the purposes aforesaid: Provided, however, That the Secretary of the Interior may restore such lands as he may determine are not needed for said reservoir sites. (40 Stat. 1205.)

GRANT OF LANDS IN SUN RIVER IRRIGATION PROJECT FOR

SCHOOL PURPOSES

An act granting lands for school purposes in lots No. 111 in each of the town sites of

Fort Shaw and Simms, Sun River reclamation project, Montana. (Act February 28, 1919, ch. 75, 40 Stat. 1206)

[Sec. 1. Secretary directed to issue patent.]—That the Secretary of the Interior be hereby authorized and directed to issue patent conveying lot No. 111 in the town site of Fort Shaw, Sun River reclamation project, Montana, to school district No. 82, Cascade County, Mont., and also lot No. 111 in the town site of Simms, Sun River reclamation project, Montana, to school district No. 39, Cascade County, Mont. (40 Stat. 1206.)

NOTE

Cross reference.-See act of October 31, 1919 (41 Stat. 326), which gives the Secretary of the Interior general authority to convey public lands in reclamation town sites for school purposes.

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LEAVE OF ABSENCE FOR CERTAIN ENTRYMEN IN CASTLE PEAK

IRRIGATION PROJECT IN UTAH

An Act for the relief of entrymen within the Castle Peak irrigation project in Utah.

(Act February 28, 1919, ch. 78, 40 Stat. 1210)

[Sec. 1. Application for leave-Lands to be subjected to reclamation actTime of leave—Full residence required.]—That any qualified entryman who has heretofore made bona fide entry upon land subsequently withdrawn under the provisions of the reclamation act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), for the Castle Peak irrigation project in Utah, upon filing an application to have his entry made subject to all the charges, terms, conditions, provisions, and limitations of the reclamation act, together with a satisfactory showing of full compliance with the homestead laws under which such entry was made to the date of such application, may be granted leave of absence from the land until the Secretary of the Interior announces the availability of a water supply for the irrigation of the land, or until the lands embraced in his entry shall be restored to the public domain: Provided, That the period of actual absence until this act shall not be deducted from the full time of residence required by law. (40 Stat. 1210.)

Textual note.—This act is codified as section 592, title 43, United States Code, with the following changes : The introductory word "That" is omitted ; "heretofore" in the second line is changed to read "prior to February 28, 1919" ; "act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight)," is changed to "law"; "reclamation act" in the eighth line reads "reclamation law; and the word "act” in the proviso reads "section."

NOTE

Regulations.-See Secretary's Instructions regarding this act, dated May 6, 1919 (47 L. D. 144).

RECEIPTS FROM LEASE OF WITHDRAWN OR RESERVED LANDS

TO BE COVERED INTO RECLAMATION FUND

[Extract from] An act making appropriations for sundry civil expenses of the Govern

ment for the fiscal year ending June 30, 1920, and for other purposes. (Act July 19, 1919, ch. 24, 41 Stat. 163)

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[Receipts from lands withdrawn under reclamation law to go into reclamation fund-Lands needed for irrigation works and affected by other withdrawal-Secretary of Interior given jurisdiction. ]—The proceeds heretofore or hereafter received from the lease of any lands reserved or withdrawn under the reclamation law or from the sale of the products therefrom shall be covered into the reclamation fund; and where such lands are affected by a reservation or withdrawal under some other law, the proceeds from the lease of land and the sale of products therefrom shall likewise be covered into the reclamation fund in all cases where such lands are needed for the protection or operation of any reservoir or other works constructed under the reclamation law, and such lands shall be and remain under the jurisdiction of the Secretary of the Interior. (41 Stat. 202.)

* Textual note.-The above provision is codified as section 394, title 43, United States Code.

NOTES Rocky Mountain National Park-National Park Service.-Certain lands were withdrawn June 8, 1904, for the proposed Grand River irrigation project. The Rocky Mountain National Park was created by the act of January 26, 1915 (38 Stat. 798), to include this land. The Grand River irrigation project was not constructed in 1919. It was held in 1919 that the lands were still under the jurisdiction of the National Park Service, the lands not being needed "for the protection or operation of any reservoir constructed under the reclamation law.” It is otherwise where the lands in a park are affected by a constructed reservoir of the Reclamation Service (Bureau of Reclamation). (C. L. 866, January 19, 1920.)

For instructions to this effect see C. L. 1279, December 21, 1923 (superseding C. L. 987). Also to same effect see C. L. 841. See circular letters 1031, 1090, 1141, 1165, 1279. For printed forms of lease see C. L. 1282.

Proceeds from leased land withdrawn under reclamation law are applicable to reclamation projects, not to Indian projects.--The provision contained in the sundry civil act of July 19, 1919, directing that the proceeds derived from a lease of lands withdrawn under the reclamation law shall be covered into the reclamation fund, is to be regarded as relating primarily to "reclamation projects," and not to Indian irrigation projects, in the absence of a clear intent to include projects of the latter character. (Flathead Lands, 48 L. D. 468.)

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CONVEYANCE OF PUBLIC LANDS IN FEDERAL IRRIGATION

PROJECTS FOR SCHOOL PURPOSES

An act granting lands for school purposes in Government town sites on reclamation

projects. (Act October 31, 1919, ch. 92, 41 Stat. 326) [Sec. 1. Secretary authorized to grant lands in reclamation town sites for school purposes—Reversion. ]—That the Secretary of the Interior be, and he is hereby, authorized, upon application by the proper officers of a school district located

wholly or in part within the boundaries of a project of the United States Reclamation Service, to issue patent conveying to such district such unappropriated undisposed of lands, not exceeding six acres in area, within any Government reclamation town site situated within such school district as, in the opinion of the Secretary of the Interior, are necessary for use by said district for school buildings and grounds: Provided, That if any land so conveyed cease entirely to be used for school purposes title thereto shall revert to and revest in the United States. 741 Stat. 326.)

Textual note. This act is codified as section 570, title 43, United States Code, the only change being the omission of the introductory That."

NOTE The above act was received by the President October 20, 1919. Not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution, it became a law without his approval.

Regulations.-For regulations see C. L. 907, June 28, 1920, or 47 L. D. 413; also 52 L. D. 120.

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