struction and maintenance of canals, ditches, levees, and other drainage works incurred in connection with any drainage project under said laws shall be equitably apportioned among all lands held in private ownership, all unentered public, lands, and all lands embraced in unpatCertificates of ented entries affected by such project. Officially certified to lists showing the amount of charges assessed against each smallest legal subdivision of such lands shall be furnished to the register and receiver of the United States land office of the district in which the lands affected are situated as soon as said charges would become a lien if the lands were held in private ownership.

assessments

land officers.

Enforcement of

charges.

SEC. 3. That all charges legally assessed pursuant to the drainage laws of the State of Arkansas by a drainage district against any unentered public lands. or against any lands embraced in unpatented entries, subject to the provisions of this Act, shall be a lien upon said lands, which may be enforced by sale in the same manner and subject to the same conditions, except as hereinafter set forth, under which said charges shall be enforced against lands held in private ownership, and whenever any of said lands shall be sold for nonpayment of such charges, inclusive of lands bid in for a drainage district, a statement showing the name of the purchaser, the price at which each legal subdivision was sold, the amount asFessed against it, together with penalties and interest, if any, and the cost of the sale, and the amount of excess, if any, over and above all lawful assessment charges and Certificates of the cost of sale, shall be officially certified to the register for and receiver of the United States land office of the district nonpayment.in which the lands are situated immediately after the completion of such sale, but nothing in this Act shall be No liability of construed as creating any obligation on the United States to pay any of said charges.

receipts from

sales,

etc.,

United States therefor.

cess of assess

ments to be cov

ered into Treas

ury.

Moneys in ex- SEC. 4. That all moneys received from the sale of entered or unentered lands subject to the operation of this Act which shall be in excess of assessments due thereon, together with penalties and interest and the costs of the sales, shall be paid by the proper county officer to the receiver of the United States land office of the district in which the lands are situated, and such excess moneys shall be covered into the United States Treasury as proceeds from the sales of public lands.) Beta Unentered SEC. 5. That at any time within ninety days after the purchaser is not sale of unentered públic lands and at any time within redeemed. ninety days after the expiration of the period of redemption provided for in the drainage laws under which the lands are sold, no redemption having been made, after the sale of lands embraced within unpatented entries, the purchaser at such sale, a drainage district being herein expressly excepted from the operation of this provision, shall, upon the filing of an application therefor and an affidavit containing proof of necessary qualifica

lands, Patent to

"

tions with the register and receiver of the United States, land office, and upon payment to the receiver of the price

quirements.

of $5 per acre, together with the usual fees and commis- Fees, etc., to sions charged in entry of lands under the homestead) laws, be entitled to receive a patent: Provided, That such purchaser shall have the qualifications required in making entry of lands under the homestead laws, and Homestead reany such purchase shall exhaust any further homestead right of the purchaser to the extent of the amount of lands thus purchased by him. Not more than one hundred and sixty acres of such lands shall be sold and patented to any one purchaser under the provisions of this Act. This limitation shall not apply to lands subject to the operation of this Act which may be bid in for a drainage, district, but no patent shall be issued to a drainage district or to any one bidding in said lands for tricts excepted. a drainage district. The proceeds derived by the Gov- Deposit of proernment shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands.

Drainage dis."

ceeds.

Japplication.

pur

re

SEC. 6. That unless the purchaser shall, within the time Subrogation of specified, in section 5 of this Act, file, with the register chaser fails to and receiver of the United States land office an appli- michiomestead cation for a patent, together with the required affidavit,, and make payment of the purchase price, fees, and commissions as provided in said section 5, any person having the qualifications of an entryman under the homestead laws may file an application for a patent, together with the required affidavit, and upon payment to the Payments receiver of the purchase price of $5 per acre, fees, and quired. commissions, and in addition thereto an amount equal to the drainage charges, penalties, interest, and costs for which the lands were sold, and if the lands were bid in for the drainage district, an additional amount equal to 6 per centum per annum on the sum for which the lands were sold from the date of such sale, said applicant shall be come subrogated to the rights of such purchaser and shall be entitled to receive a patent for not more than one hundred and sixty acres of said lands. When pay Repayment to ment is made to effect subrogation as herein provided' the register of the receiver of the United States land office shall serve notice upon the purchaser that an ap plication for patent for the lands purchased by him has been filed, and that the amount of the drainage charges, penalties, interests, and costs of the sale will be paid to him upon submission of proof of purchase and payment by him of said sums. The receiver shall make such payment as soon as said requirement shall have been fulfilled. If the lands were bid in for a drainage dis- To drainage trict, the receiver will pay to the proper county officers district. the amount of the drainage charges, penalties, and interests and costs of sale, together with the additional sum of 6 per centum per annum, to which said drainage district is

first purchaser.

ance.

notices to be filed

office.

Deposit of bal- entitled. All remaining moneys to which the United .States may be entitled shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands. Drainage laws SEC. 7. That a copy of all notices required by the in district land drainage laws of the State of Arkansas to be given to the owners and occupants of lands held in private ownership shall, as soon as such notice is issued, be delivered to the register and receiver of the United States land office of the district in which the lands are situated where any of the lands subject to the operation of this Act are affected, and the United States and the entryman claiming under the public land laws of the United Rights of en- States shall be accorded the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise, as are given to persons holding lands in private ownership, and all entrymen shall be given the same rights of redemption as are given to the owners of land held in private ownership.

trymen.

Effect on pending suits.

Public lands in

laws.

SEC. 8. That this Act shall not be effective as to any lands involved in suits instituted on behalf of the United States with a view to quieting title in the Government to such lands until and unless such suits shall be finally determined in favor of the United States.

Approved, January 17, 1920 (41 Stat. 392).

MINNESOTA.

An Act To authorize the drainage of certain lands in the State of
Minnesota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemMinnesota subject bled, That all lands in the State of Minnesota, when to State drainage subject to entry, and all entered lands for which no final certificates have issued, are hereby made and declared to be subject to all of the provisions of the laws of said State relating to the drainage of swamp or overflowed lands for agricultural purposes to the same extent and in the same manner in which lands of a like character held in private ownership are or may be subject to said Rights, etc., to laws: Provided, That the United States and all persons legally holding unpatented lands under entries made under the public-land laws of the United States are accorded all the rights, privileges, and benefits given by said laws to persons holding lands of a like character in private ownership.

be accorded.

Apportionment

of cost.

SEC. 2. That the cost of constructing canals, ditches, and other drainage works incurred in connection with any drainage project under said laws shall be equitably apportioned among all lands held in private ownership, all lands covered by unpatented entries, and all unenassessed charges. tered public lands affected by such project; and officially

Certified lists of

certified lists showing the amount of the charges assessed
against each smallest legal subdivision of such lands shall
be furnished to the register and receiver of the land dis-
trict in which the lands affected are located as soon as
said charges are assessed, but nothing in this Act shall
be construed as creating any obligation on the United not liable.
States to pay any of said charges.

United

States

SEC. 3. That all charges legally assessed may be en- Sale for charges. forced against any unentered lands, or against any lands covered by an unpatented entry, by the sale of such lands subject to the same manner and under the same proceedings under which such charges would be enforced against lands held in private ownership.

Certificate of

SEC. 4. That when any unentered lands, or any lands sale to land office. covered by an unpatented entry, have been sold in the manner mentioned in this Act, a statement of such sale showing the price at which each legal subdivision was sold shall be officially certified to the register and received immediately after the completion of such sale.

Patents to purchasers on paying

Limitations.

SEC. 5. That at any time after any sale of unentered lands has been made in the manner and for the purposes price. mentioned in this Act patent shall issue to the purchaser thereof upon payment to the receiver of the minimum price of one dollar and twenty-five cents per acre, or such other price as may have been fixed by law for such lands, together with the usual fees and commissions charged in entry of like lands under the homestead laws. But purchasers at a sale of unentered lands shall have the qualification of homestead entrymen and not more than one hundred and sixty acres of such lands shall be sold to any one purchaser under the provisions of this Act. This limitation shall not apply to sales to the State, but shall apply to purchases from the State of unentered excepted. lands bid in for the State. Any part of the purchase Disposal of exmoney arising from the sale of any lands in the manner and for the purposes provided in this Act which shall be in excess of the payments herein required and of the total drainage charges assessed against such lands shall also be paid to the receiver before patent is issued.1

Sale to State

cess of charges.

Purchase of unpatented entries.

SEC. 6. That any unpatented lands sold in the manner and or the purposes mentioned in this Act may be patented to the purchaser thereof at any time after the expiration of the period of redemption provided for in the drainage laws under which it may be sold (there having been no redemption) upon the payment to the receiver of the fees and commissions and the price mentioned in the preceding section; or so much thereof as has not already been paid by the entryman; and if the sum received at any such sale shall be in excess of the payments Payment of exherein required and of the drainage assessments and cost of the sale, such excess shall be paid to the proper county

'Secs, 5 and 6 amended by the act of Sept. 5, 1916, following.

cess.

charges, etc., not

days.

sequent purchas

ers.

ceeds.

3

officer for the benefit of and payment to the entryman: Forfeiture, if That unless the purchasers of unentered lands shall, paid in ninety within ninety days after the sale provided for in sec tion three, pay to the proper receiver the fees, commis-: sions, and purchase price to which the United States may be entitled, as provided in section five, and unless the purchasers of entered lands shall, within ninety days after the right of redemption has expired, make like payments, as provided for in this section, any person having Rights of sub- the qualifications of a homestead entryman may pay to the proper receiver for not more than one hundred andsixty acres of land for which such payment has no Disposal of pro- been made: First, the unpaid fees, commissions, and purchase price to which the United States may then. be entitled; and, second, the sum at which the land was sold at the sale for drainage charges, and in addition thereto, if bid in by the State, interest on the amountbid by the State at the rate of seven per centum per annum from the date of such sale, and thereupon the person making such payment shall become subrogated to the rights of such purchaser to receive a patent for said. land. When any payment is made to effect such subrogation the receiver shall transmit to the treasurer of the county where the land is situated the amount at which the land was sold at the sale for drainage charges, together with the interest paid thereon, if any, less any ezala, sum in excess of what may be due for such drainage. charge, if the land when sold was unentered.

peal.

Right of ap- SEC. 7. That a copy of all notices required by the drainage laws mentioned in this Act to be given to the owners or occupants of lands held in private ownership shall, as soon as such notices issue, be delivered to the register and receiver of the proper district land office in cases where unentered lands are affected thereby and to the entrymen whose unpatented lands are included therein, and the United States and such entrymen shall be given the same rights to be heard by petition, answer.. remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership; and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership.! SEC. 8. That hereafter homestead entries and final Homestead en- proofs may be made upon all ceded Chippewa Indian tries may be lands in Minnesota embraced in the withdrawal under the Act of June twenty-first, nineteen hundred and six, entitled "An Act making appropriations for the current and contingent expenses of the Indian Department " (Thirtyfourth Statutes at Large, page three hundred and twenty-t Patents, etc: five), and patents may issue thereon as in other homestead cases, upon the payment by the entryman of the price prescribed by law for such land and on entries on the ceded Red Lake Reservation in addition thereto thesum of three cents per acre to repay the cost of the drain

Chippewa Indian lands.

made thereon.