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SALE OF IMPROVED PUBLIC LANDS NO LONGER NEEDED FOR

FEDERAL IRRIGATION PURPOSES

An act to provide for the disposition of public lands withdrawn and improved under the

provisions of the reclamation laws, and which are no longer needed in connection with said laws. (Act May 20, 1920, ch. 192, 41 Stat. 605.)

[Sec. 1. Appraisal of land—Manner of sale-Payment of purchase price. ]—That whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the act of June 17, 1902, known as the reclamation act and acts amendatory thereof and supplemental thereto, which are not otherwise reserved and which have been improved by and at the expense of the reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be appointed by him and thereafter 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 land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land; not less than one-fifth the purchase price shall be paid at the time of sale, and the remainder in not more than four annual payments with interest at 6 per centum per annum, payable annually, on deferred payments. (41 Stat. 605.)

Textual note.-The three sections of this act are codified as section 375, title 43, United States Code. In the code the introductory word “That" at the beginning of each paragraph is omitted ; "the provisions of the act of June 17, 1902, known as the reclamation act and acts amendatory thereof and supplemental thereto", is changed to read "this chapter"; "reclamation act" in the second paragraph reads "reclamation law."

NOTE

Publication of notice of sale of lands.--In the acts of February 2, 1911 (36 Stat. 895), and May 20, 1920 (41 Stat. 605), relating to the sale of lands on Federal irrigation projects, the language "by publication for not less than 30 days" deals with the period during which notice is to be given, and is not a statutory requirement that publication be had for 30 consecutive days in a daily newspaper. Where a weekly newspaper of general circulation is the paper nearest the land, the purpose of the statutes will be fully subserved by publication in five consecutive issues of such newspaper. (Departmental decision, June 21, 1920, printed at page 382, Reclamation Record, August, 1920.)

Sec. 2. [Patents to land sold-Amount sold to one person-Duties of purchasers—Citizenship. ]—That upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate patent, to convey all the right, title, and interest of the United States in and to said lands to the purchaser at said sale, subject, however, to such reser

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SALE OF IMPROVED PUBLIC LANDS

vations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person, and if said lands are irrigable under the project in which located they shall be sold subject to compliance by the purchaser with all the terms, conditions, and limitations of the reclamation act applicable to lands of that character: Provided, That the accepted bidder must, prior to issuance of patent, furnish satisfactory evidence that he or she is a citizen of the United States. (41 Stat. 606.)

Textual note.See textual note under section 1 of this act.

NOTE

Form of patent.-Patent under this act should not be executed by the Secretary of the Interior but should be issued from the General Land Office under section 458 of Revised Statutes. (Departmental decision, January 10, 1921, re Vandalia Ditch & Development Co., Milk River project. Reclamation Record of March, 1921, p. 126.)

Sec. 3. [Disposition of proceeds of sales.]—That the moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been withdrawn. (41 Stat. 606.) Textual note.-See textual note under section 1 of this act.

RESTORATION OF PUBLIC LANDS AROUND LITTLE KLAMATH

LAKE IN OREGON AND CALIFORNIA

An act to restore to the public domain certain lands heretofore reserved for a bird reser

vation in Siskiyou and Modoc Counties, California, and Klamath County, Oregon, and for other purposes. (Act May 27, 1920, 41 Stat. 627.)

Sec. 1. [Lands in Oregon and California uncovered and opened to agricultural development by change of levels of lakes—Public announcementEntry upon land under homestead laws—Overflow for irrigation purposes Reservations in patents. ]-That the Secretary of the Interior be, and he hereby is, authorized and directed to determine and make public announcement of what lands in and around Little or Lower Klamath Lake, in Siskiyou County, California, and in Klamath County, Oregon, ceded to the United States by the State of California by the act entitled "An act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also ceding to the United States all right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the State," and ceded to the United States by the State of Oregon by an act entitled "An act to authorize the utilization of Upper Klamath Lake, Lower or Little Klamath Lake, and Tule or Rhett Lake, situate in Klamath County, Oregon, and Goose Lake, situate in Lake County, Oregon, in connection with the irrigation and reclamation operations of the Reclamation Service of the United States, and to cede to the United States all the right, title, interest, and claim of the State of Oregon to any and all lands recovered by the lowering of the water levels or by the drainage of any or all of said lakes," will eventually be uncovered and opened to agricultural development by the lowering of the water level of said lake. Title to all said Jands can be acquired by homestead entry under the general homestead laws and the provisions of this act and not otherwise: Provided, That all said lands shall forever be and remain subject to the right of the United States (a) to overflow the same or any part thereof for the purposes of irrigation by such systems of reservoirs and drainage and diking as now actually exist or may be hereafter constructed in Siskiyou County, California, and Klamath County, Oregon, and (b) to drain the water therefrom. All patents issued for the said lands shall expressly reserve to the United States such right of overflow and drainage," and the title and ownership of all

PUBLIC LANDS AROUND LITTLE KLAMATH LAKE 245

minerals and mineral interests in such lands, including oil, are expressly reserved to the United States. (41 Stat. 627.)

Textual note.-Codified as section 602, title 43, United States Code, with the following changes : Instead of the first 12 words the section of the code reads as follows: "The Secretary of the Interior is authorized." In the eleventh line from the bottom instead of "provisions of this act," the wording is "provisions of this division of this chapter." In the proviso the words' was now actually exist or may be hereafter constructed" are changed to read was actually exist May 27, 1920, or may be thereafter constructed."

Sec. 2. [Proportionate assessment of land for benefit of reclamation fund. ]—That the Secretary of the Interior shall also determine and make public announcement of the proportionate part of the sum of $283,225, heretofore expended from the reclamation fund in connection with the Klamath project, Oregon-California, that in the opinion of the Secretary of the Interior each acre of the said land should be assessed, and the proportionate part that each acre of privately owned land, similarly situated to the said lands hereby affected, should be assessed, to return to said reclamation fund in all the said sum of $283,225. (41 Stat. 628.)

Textual note.-Codified as section 603, title 43, United States Code, except that "That" at the beginning of the section is omitted, and wheretofore expended” reads "expended prior to May 27, 1920.”

Sec. 3. [Survey and opening of lands to entry.]—That the Secretary of the Interior be, and he is hereby, authorized and directed to cause said lands to be surveyed and opened to entry under the general homestead laws and the provisions of this act: Provided, That none of said lands shall be opened to entry until the Secretary of the Interior shall have first made arrangement with the owners of lands in private ownership, similarly situated to the lands hereby affected, for the.payment into the reclamation fund of the proportionate part of the sum of $283,225, determined and apportioned by the Secretary of the Interior against said privately owned lands as provided in section 2. (41 Stat. 628.)

Textual note.-Codified as section 604, with the following changes : The first words read, “The Secretary of the Interior is authorized,” etc.; the words “provisions of this act" read "provisions of this division of this chapter"; "section 2" reads "the preceding section,"

Sec. 4. [Additional amounts payable by entrymen.]—That in addition to all payments required by the general homestead laws there shall be paid by homestead entrymen the amount per acre assessed as provided in section 2 of this act. Said payment shall be made in annual installments of $1 per acre, except the last installment, which may be a fraction of a dollar: Provided, That the whole or any part of the amount so assessed may be paid by the entryman in a shorter period if he so elects. The first installment shall be paid at the time homestead application is filed and subsequent installments shall be due and payable on December 1 of each calendar year thereafter until the entire sum so assessed and apportioned against the lands is paid, and patent shall not issue for any of said lands until the sum so apportioned against said lands shall have been fully paid. Failure to pay any installment when due shall render the entry subject to cancellation, with a forfeiture of all moneys paid. All assessments shall draw interest at the rate of 6 per centum per annum from their due date until paid. All moneys paid on account of such assessments shall, without diminution of

246 PUBLIC LANDS AROUND LITTLE KLAMATH LAKE

any kind whatsoever, be covered into the reclamation fund. (41 Stat. 628.)

Textual note.-Codified as section 605, title 43, United States Code, with the omission of the word "That" the beginning of the first sentence; and the change of "section 2 of this act" to "the second preceding section."

Sec. 5. [Preference rights of those serving in military or naval forces during World War.]—That those who served in the military or naval forces of the United States during the war between the United States and Germany and have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve shall have preference and prior right to file upon and enter said lands under the homestead laws and

the provisions of this act for a period of six months following the time said lands are opened to entry. That in opening said lands for homestead entry the Secretary of the Interior shall provide for the disposition thereof to the said soldiers, sailors, and marines, by drawing, under general rules and regulations to be promulgated by him: Provided, That the rights and benefits conferred by this act shall not extend to any person who, having been drafted for service under the provisions of the selective service act, shall have refused to render such service or to wear the uniform of such service of the United States. (41 Stat. 628.)

Textual note.-Codified as section 606, title 43, United States Code, with the omission of the word "That" at the beginning of the first and second sentences; and the change of the words "this act,” occuring twice, to "this division of this chapter."

Sec. 6. [No squatters' rights—Time for entry upon land.]—That no rights to make entry shall attach by reason of settlement or squatting upon any of the lands hereby restored before the hour on which such lands shall be subject to homestead entry at the land office, and until said lands are opened for settlement and entry as herein provided no person shall enter upon and occupy the same, and any person violating this provision shall never be permitted to enter any of said lands. (41 Stat. 629.)

Textual note.- Codified, as section 607, title 43, United States Code, except that the introductory word “That" is omitted.

Sec. 7. [Determination of land to be opened within boundaries of Klamath Lake Bird Reservation.]—That the Secretary of the Interior shall determine which of the lands now within the boundaries of the Klamath Lake Bird Reserve are chiefly valuable for agricultural purposes and which for the purpose of said reservation,

and shall open to homestead entry those lands which are chiefly valuable for agricultural purposes: Provided, That the shore line of the lake, including the smallest legal subdivision of land adjoining the flow line, shall remain in the possession of the United States, but access may be provided to the lake for such canals as may be necessary for irrigation, drainage, and domestic water supply. (41 Stat. 629.)

Textual note.—Codified as section_608, title 43, United States Code, except that the introductory word "That" is omitted.

Sec. 8. [Powers of Secretary of Interior.]—That the Secretary of the Interior is hereby 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. (41 Stat. 629.)

Textual note.-Codified as section 609, title 43, United States Code, except that the first word "That", is omitted ; and “this act" is changed to "sections 601 to 608, inclusive, of this division of this chapter."

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