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VACATION OF WITHDRAWALS OF PUBLIC LANDS CONTAINING

MINERALS An act authorizing the Secretary of the Interior to vacate withdrawals of public lands under the reclamation law, with reservation of rights, ways, and easements.

(Act April 23, 1932, 47 Stat. 136)

SEC. 1. [Conditional restoration of lands to mineral entry.]—That where public lands of the United States have been withdrawn for possible use for construction purposes under the Federal reclamation saws, and are known or believed to be valuable for minerals, and would, if not so withdrawn, be subject to location and patent under the general mining laws, the Secretary of the Interior, when in his opinion the rights of the United States will not be prejudiced thereby, may, in his discretion, open the land to location, entry, and patent under the general mining laws, reserving such ways, rights, and easements over or to such lands as may be prescribed by him and as may be deemed necessary or appropriate, including the right to take and remove from such lands construction materials for use in the construction of irrigation works, and/or the said Secretary may require the execution of a contract by the intending locator or entryman as a condition precedent to the vesting of any rights in him when in the opinion of the Secretary same may be necessary for the protection of the irrigation interests. Such reservations or contract rights may be in favor of the United States or irrigation concerns cooperating or contracting with the United States and operating in the vicinity of such lands. The Secretary may prescribe the form of such contract which shall be executed and acknowledged and recorded in the county records and the United States local land office by any locator or entryman of such land before any rights in their favor attach thereto, and the locator or entryman executing such contract shall undertake such indemnifying covenants and shall grant such rights over such lands as in the opinion of the Secretary may be necessary for the protection of Federal or private irrigation in the vicinity. Notice of such reservation or of the necessity of executing such prescribed contract shall be filed in the General Land Office and in the appropriate local land office, and notations thereof shall be made upon the appropriate tract books, and any location or entry thereafter made upon or for such lands, and any patent therefor shall be subject to the terms of such contract and/or to such reserved ways, rights, or easements and such entry or patent shall contain a reference thereto.

SEC. 2. [Rules and regulations. ]—The Secretary of the Interior may prescribe such rules and regulations as may be necessary to enable him to enforce the provisions of this act.

Textual note.--The above act is codified as section 154, title 43, U. S. C., the introductory word "That" in the first line of section 1 being omitted.

NOTE Regulations.-Under date of June 22, 1932, the Acting Commissioner of the General Land Office issued regulations pursuant to this act, approved by the Department the same date. (G. L. 0. Circular 1275, 53 I. D. 706.) 88308-37-432

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COMPACT BETWEEN STATES OF MONTANA AND WYOMING

REGARDING WATERS OF YELLOWSTONE RIVER An act granting the consent of Congress to the States of Montana and Wyoming to nego

tiate and enter into a compact or agreement for division of the waters of the Yellowstone River. (Act June 14, 1932, 47 Stat. 306)

[Equitable division of waters of Yellowstone and tributaries Representative of United States to participate in negotiations and make report-Legislatures of States must approve.]—That consent of Congress is hereby given to the States of Montana and Wyoming to negotiate and enter into a compact or agreement not later than January 1, 1936, providing for an equitable division and apportionment between the States of the water supply of the Yellowstone River and of the streams tributary thereto, upon condition that one suitable person, who shall be appointed by the President of the United States, shall participate in said negotiations as the representative of the United States and shall make report to Congress of the proceedings and of any compact or agreement entered into: Provided, That any such compact or agreement shall not be binding or obligatory upon either of the parties thereto unless and until the same shall have been approved by the legislature of each of said States and by the Congress of the United States.

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METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA

RIGHT-OF-WAY FOR AQUEDUCT

An act granting to the Metropolitan Water District of Southern California certain public

and reserved lands of the United States in the counties of Los Angeles, Riverside, and San Bernardino, in the State of California. (Act June 18, 1932, 47 Stat. 324)

[Sec. 1. Grant to district of lands for rights-of-way and other purposes—Subject to filing of maps-Payment for lands conveyed other than for rights-of-way for aqueduct—Compensation for Indian lands Locations, width, extent.]—That, subject to the reservation, until their disposition is hereafter expressly directed by law, of all mineral except earth, stone, sand, gravel, and other materials of like character, there is hereby granted to the Metropolitan Water District of Southern California, a public corporation of the State of California, all lands belonging to the United States, situate in the counties of Los Angeles, Riverside, and San Bernardino, in the State of California, including trust or restricted Indian allotments in any Indian reservation or lands reserved for any purpose in connection with the Indian Service, which have not been conveyed to any allottee with full power of alienation, which may be necessary, as found by the Secretary of the Interior, for any or all of the following purposes: Rights-of-way; buildings and structures; construction and maintenance camps; dumping grounds; flowage; diverting or storage dams; pumping plants; power plants, canals, ditches, pipes, and pipe lines; fumes, tunnels, and conduits for conveying water for domestic, irrigation, power, and other useful purposes; poles, towers, and lines for the conveyance and distribution of electrical energy; poles and lines for telephone and telegraph purposes; roads, trails, bridges, tramways, railroads, and other means of locomotion, transmission, or communication; for obtaining stone, earth, gravel, and other materials of like character; or any other necessary purposes of said district, together with the right to take for its own use, free of cost, from any public lands, within such limits as the Secretary of the Interior may determine, stone, earth, gravel, sand, and other materials of like character necessary or useful in the construction, operation, and maintenance of aqueducts, reservoirs, dams, pumping plants, electric plants, and transmission, telephone, and telegraph lines, roads, trails, bridges, tramways, railroads, and other means of locomotion, transmission, and communication, or any other necessary purposes of said district. This grant shall be effective upon (1) the filing by said grantee at any time after the passage of this act, with the register of the United States local land office in the district where said lands are situated, of a map or maps showing the boundaries, locations, and extent of said lands and of said rights-of-way for the purposes hereinabove set forth; (2) the approval of such map

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METROPOLITAN WATER DISTRICT AQUEDUCT

or maps by the Secretary of the Interior, with such reservations or modifications as he may deem appropriate; (3) the payment of $1.25 per acre for all Government lands conveyed under this act other than for the right-of-way for the aqueduct, and (4) for all lands conveyed in Indian reservations or in Indian allotments which have not been conveyed to the allottee with full power of alienation, the district shall pay for the benefit of the Indians such just compensation as may be determined by the Secretary of the Interior: Provided, That said lands for rights-of-way shall be along such locations and of such width, not to exceed two hundred and fifty feet, as in the judgment of the Secretary of the Interior may be required for the purposes of this act: And provided further, That said lands for any of said purposes other than for rights-of-way for the aqueduct may be of such width or extent as may be determined by the Secretary of the Interior as necessary for such purposes.

SEC. 2. [Maps filed by district in connection with previous applications, still pending or which have been granted.]-Whenever the lands or the rights-of-way are the same as are designated on any map heretofore filed by said district or by the city of Los Angeles in connection with any application for a right-of-way under any statute of the United States, which said application is still pending, or has been granted, and is unrevoked and has been transferred to and is now owned by said district, then upon the approval by the Secretary of the Interior of any such later map with such modifications and under such conditions as he may deem appropriate the rights hereby granted shall, as to such lands or rights-of-way, become effective as of the date of the filing of said earlier map or maps with the register of the United States local land office.

SEC. 3. [Lands in national forest subject to approval—Date said lands shall vest in grantee.]—If any of the lands to which the said district seeks to acquire title under sections 1 and 2 of this act are in a national forest, the said map or maps shall be subject to the approval of the Secretary of Agriculture so far as national-forest lands are affected; and upon such approval and the subsequent approval by the Secretary of the Interior, title to said lands shall vest in the grantee upon the date of such subsequent approval.

SEC. 4. [Grants subject to prior claims. ]-Said grants are to be made subject to the rights of all claimants or persons who shall have filed or made valid claims, locations, or entries on or to said lands, or any part thereof prior to the effective date of any conflicting grant hereunder, unless prior to such effective date proper relinquishments or quitclaims have been procured and caused to be filed in the proper land office.

Sec. 5. [Land to revest in United States on cessation of use.]-On the cessation of use of the land granted for the purposes of the grant the estate of the grantee or of its assigns shall terminate and revest in the United States.

NOTE

See Department regulations under this act, dated July 28, 1932. (G. L. 0. Circular No. 1283.)

RECLASSIFICATION OF LANDS WITHIN KLAMATH IRRIGATION

DISTRICT—AMENDMENT OF ADJUSTMENT ACT AS AMENDED APRIL 23, 1930

An act to amend section 14 of an act entitled "An act to adjust water-right charges, to

grant certain other relief on the Federal irrigation projects, and for other purposes”, approved May 25, 1926 (44 Stat. 636), as amended (46 Stat. 249). Act June 23, 1932, 47 Stat. 331)

[Secretary authorized to place lands in temporarily unproductive class.]—That an act entitled "An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes”, approved May 25, 1926 (44 Stat. 636), as amended by the act of April 23, 1930 (46 Stat. 249), be, and the same is hereby, further amended by adding after the subparagraph (a) in section 14 the following new subparagraph:

“(a-1) The Secretary of the Interior is hereby authorized to reclassify all lands within the Klamath irrigation district and to place in the temporarily unproductive class such lands as he determines are properly subject to this classification."

Textual note.—The following is the codification of above act under Title 43, U. S. C., Sec. 610 :

2. Klamath project, Oregon-California; reclassification of lands. The Secretary of the Interior is hereby authorized to reclassify all lands within the Klamath irrigation district and to place in the temporarily unproductive class such lands as he determines are properly subject to this classification. (May 25, 1926, c. 383, sec. 14 (a-1), 44 Stat. 639, as amended June 23, 1932, c. 273, 47 Stat. 332.)

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