DISPOSITION OF LANDS IN ABANDONED FORT SHAW MILITARY RESERVATION

An act to provide for the disposition under the public land laws of the lands in the abandoned Fort Shaw Military Reservation, Mont. (Act June 9, 1906, ch. 3066, 34 Stat. 228)

[Sec. 1. Disposal of lands-Reservation-Withdrawal under reclamation act.]-That the Secretary of the Interior is hereby authorized to dispose of the lands in the abandoned Fort Shaw Military Reservation, in Montana, under the provisions of the public land laws, and the public-land surveys shall be extended over the lands therein: Provided, That he may reserve for Indian school purposes the following-described lands in township twenty north, range two west, Montana principal meridian, as determined by the extension of the public surveys: That portion of section two lying south of Sun River, all of sections eleven, fourteen, and twenty-three, and that portion of section twenty-six lying within the present reservation boundary: Provided further, That before opening the reservation to entry, the Secretary of the Interior may withdraw any other lands therein needed in connection with an irrigation project under the provisions of the act of June seventeenth, nineteen hundred and two, known as the reclamation act, for use or disposition thereunder. (34 Stat. 228.)

84

EXTENSION OF RECLAMATION ACT TO TEXAS

An act to extend the irrigation act to the State of Texas. (Act June 12, 1906, ch. 3288, 34 Stat. 259)

[Sec. 1. Reclamation act to apply to Texas.]-That the provisions of the act entitled "An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, be, and the same are hereby, extended so as to include and apply to the State of Texas. (34 Stat. 259.)

Textual note.-The substance of this act, combined with the permanent provision of section 1 of the act of June 17, 1902 (32 Stat. 388), is codified as section 391, title 43, United States Code.

NOTE

Cross reference.-See act of February 25, 1905 (33 Stat. 814), extending the reclamation act to a portion of the State of Texas.

85

SALE OF INDIAN ALLOTTED LANDS IN FEDERAL IRRIGATION

PROJECTS

[Extract from] An act making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1907. (Act June 21, 1906, cn. 3504, 34 Stat. 325)

[Sales within reclamation projects-Proceeds.]-That any Indian allotted lands under any law or treaty without the power of alienation, and within a reclamation project approved by the Secretary of the Interior, may sell and convey any part thereof, under rules and regulations prescribed by the Secretary of the Interior, but such conveyance shall be subject to his approval, and when so approved shall convey full title to the purchaser the same as if final patent without restrictions had been issued to the allottee: Provided, That the consideration shall be placed in the Treasury of the United States and used by the Commissioner of Indian Affairs to pay the construction charges that may be assessed against the unsold part of the allotment, and to pay the maintenance charges thereon during the trust period, and any surplus shall be a benefit running with the water right to be paid to the holder thereof. (34 Stat. 327.)

**

Textual note.-The above provision is codified as section 409, title 25, United States Code.

NOTES

Sale to United States of canal right of way.-Under this clause, a contract by an Indian allottee to convey to the United States a strip over his allotted lands, as a right of way for a canal under a reclamation project, executed during the trust period, may properly be approved by the Secretary of the Interior. (Lucy Hawk Shively, 36 L. D. 135.)

Miscellaneous.-Act of March 1, 1907 (34 Stat. 1015), in reference to conveyance of Indian lands. Act of May 29, 1908 (35 Stat. 444), regarding patents in fee to purchasers of Indian lands.

86

FARM UNITS, TOWN SITES, AND DESERT-LAND ENTRIES An act providing for the subdivision of lands entered under the reclamation act, and for other purposes. (Act June 27, 1906, ch. 3559, 34 Stat. 519)

[Sec. 1. Minimum entries of less than 40 acres Subdivision-Entries of lesser areas.]-That whenever, in the opinion of the Secretary of the Interior, by reason of market conditions and the special fitness of the soil and climate for the growth of fruit and garden produce, a lesser area than forty acres may be sufficient for the support of a family on lands to be irrigated under the provisions of the act of June seventeenth, nineteen hundred and two, known as the reclamation act, he may fix a lesser area than forty acres as the minimum entry and may establish farm units of not less than ten or more than one hundred and sixty acres. That wherever it may be necessary, for the purpose of accurate description, to further subdivide lands to be irrigated under the provisions of said reclamation act, the Secretary of the Interior may cause subdivision surveys to be made by the officers of the Reclamation Service, which subdivisions shall be rectangular in form, except in cases where irregular subdivisions may be necessary in order to provide for practicable and economical irrigation. Such subdivision surveys shall be noted upon the tract books in the General Land Office, and they shall be paid for from the reclamation fund: Provided, That an entryman may elect to enter under said reclamation act a lesser area than the minimum limit in any State or Territory. (34 Stat. 519.)

Textual note.-This section, combined with one clause from section 3 of the act of June 17, 1902 (32 Stat. 388), is codified as section 434, title 43, United States Code. "Act of June 17, 1902," appears in the code as "reclamation law."

NOTES

Cross reference. The act of May 17, 1926 (44 Stat. Pt. 3, p. 1471), authorizes issuance of patent under the above act and the act of April 16, 1906 (34 Stat. 116), to the Boyle Commission Co. for block No. 223, town site of Heyburn, Idaho, without further payment on account of purchase price fixed for said land.

Subdivision of lands. Under the authority conferred upon the Secretary by this act, to "fix a lesser area than 40 acres as the minimum entry" and to "establish farm units of not less than 10 or more than 160 acres," as to all lands withdrawn and entered under the reclamation act, he may make such subdivisions of the public land entered under the reclamation act as in his judgment may be deemed advisable in units of 10 acres or multiples thereof up to 160 acres. (Op. Asst. Atty. Gen. August 10, 1906, 35 L. D. 110.)

This act authorizes the Secretary to fix a lesser area than 40 acres as a farm unit when "by reason of market conditions and the special fitness of the soil and climate for the growth of fruit and garden produce a lesser area than 40 acres may be sufficient for the support of a family," or when necessary "in order to provide for practical and economical irrigation," and there is no authority for subdividing a smallest legal subdivision under any other circumstances. (Jerome M. Higman, 37 L. D. 718.)

88

FARM UNITS, TOWN SITES, AND DESERT-LAND ENTRIES

Lands platted to farm units can only be taken in accordance with the established units; and there can not be included in the same entry lands within a farm unit and other lands without. (McDonald v. Rizor, 42 L. D. 554.) See Reclamation Regulations of November 20, 1911, regarding amendment of farm units and adjustment of payments. (40 L. D. 312.)

March 8, 1930, the Commissioner, Bureau of Reclamation, requested the Secretary of the Interior to consider the matter of combining public and private land for the creation of a farm unit. This was thought advisable on the Kittitas division, Yakima project, in order that the lateral system might be more scientifically and economically laid out. The First Assistant Secretary, March 24, 1930, cited the act of June 27, 1906, fixing the area "as the maximum [minimum?] entry," stating that this could apply to public land only; and expressed the opinion that no authority is vested in the Secretary to establish a farm unit composed partly of public land and partly of adjacent private land.

Sec. 2. [Additional entries for relinquished lands.]-That wherever the Secretary of the Interior, in carrying out the provisions of the reclamation act, shall acquire by relinquishment lands covered by a bona fide unperfected entry under the land laws of the United States, the entryman upon such tract may make another and additional entry, as though the entry thus relinquished had not been made. (34 Stat. 519.)

Textual note. This section is codified as section 446, title 43, United States Code, the introductory word "That" being omitted, and "reclamation act" being changed to "reclamation law.'

NOTES

Entries affected. This section refers to entries so initiated under the land laws as to confer on the entryman vested rights which are voluntarily relinquished. (United States v. Hanson, 167 Fed. 881 (Wash. 1909); 93 C. C. A. 371.)

Settlers on unsurveyed lands.-The statutes contain no provision for recognition or protection of any right of a settler on unsurveyed public lands which may be withdrawn and reserved thereunder for construction of irrigation works, and he has no right to oppose taking the land therefor. (Idem.)

Sec. 3. [Disposal of town sites within irrigation projects.]—That any town site heretofore set apart or established by proclamation of the President, under the provisions of sections twenty-three hundred and eighty and twenty-three hundred and eighty-one of the Revised Statutes of the United States, within or in the vicinity of any reclamation project, may be appraised and disposed of in accordance with the provisions of the act of Congress approved April sixteenth, nineteen hundred and six, entitled "An act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, and for other purposes"; and ali necessary expenses incurred in the appraisal and sale of lands embraced within any such town site shall be paid from the reclamation fund, and the proceeds of the sales of such lands shall be covered into the reclamation fund. (34 Stat. 519.)

Textual note.-The substance of this section is codified as section 563, title 43, United States Code, the words "heretofore set apart or established" being changed to "set apart or established prior to June 25, 1906," and references to previous acts of Congress being changed to references to sections of the United States Code.