Extract from the Indian appropriation Act, approved April 30, 1908 (35 Stat. 70-85). Irrigation That in carrying out any irrigation project which may Indian be undertaken under the provisions of the Act of June ments. seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as the reclamation Act, and which may make possible, and provide for, in connection with the reclamation of other lands, the irrigation of all or any part of the irrigable lands heretofore included in allotments made to Indians under the fourth section of the general allotment Act, the Secretary of the Interior be, and he hereby is, authorized to make such arrangement and agreement in reference thereto as said Secretary deems for the best interest of the Indians: Provided, That no lien or charge for construction, operation or maintenance shall thereby be created against any such reserved lands: And provided further, That to meet the necessary cost of carrying out this legislation, the Secretary of the Interior is authorized to expend, out of the sum appropriated in this Act for irrigation, an amount not exceeding thirteen thousand dollars. Extract from the sundry civil appropriation Act, approved May 27, 1908 (35 Stat. 317-350). of allot No lien against lands. Limit of cost. ments, Reclama The Secretary of the Interior is hereby authorized to Pay assignpermit the employees of the Reclamation Service, while tion employees. employed in the field, to make assignments of their pay under such regulations as he may prescribe.12 An Act Providing that entrymen for homesteads within reclamation projects may assign their entries upon satisfactory proof of residence, improvement, and cultivation for five years, the same as though said entry had been made under the original homestead Act. completed home ects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the filing with the Commis- Assignment of sioner of the General Land Office of satisfactory proof stead entries in of residence, improvement, and cultivation for the five reclamation proj years required by law, persons who have, or shall make, homestead entries within reclamation projects under the provisions of the Act of June seventeenth, nineteen hundred and two, may assign such entries, or any part thereof, to other persons, and such assignees, upon submitting proof of the reclamation of the lands and upon payment of the charges apportioned against the same as provided in the said Act of June seventeenth, nineteen hundred and two, may receive from the United States a patent for the lands: Provided, That all assignments Condition. 12 The Act of May 30, 1908 (35 Stat. 556), provides for compensation to artisans and laborers for injuries received in the course of employment in the Reclamation Service, and certain other branches of the Government. Patent to assignee. Transfers from dollars. made under the provisions of this Act shall be subject to the limitations, charges, terms, and conditions of the reclamation Act. Approved, June 23, 1910 (36 Stat. 592). An Act To authorize advances to the "reclamation fund," and for the issue and disposal of certificates of indebtedness in reimbursement therefor, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemTreasury author- bled, That to enable the Secretary of the Interior to ized for projects. complete government reclamation projects heretofore begun, the Secretary of the Treasury is authorized, upon request of the Secretary of the Interior, to transfer from time to time to the credit of the reclamation fund created by 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, Twenty million such sum or sums, not exceeding in the aggregate twenty million dollars, as the Secretary of the Interior may deem necessary to complete the said reclamation projects, and such extensions thereof as he may deem proper and necessary to the successful and profitable operation and maintenance thereof or to protect water rights pertaining thereto claimed by the United States, provided the same shall be approved by the President of the Appropriation. United States; and such sum or sums as may be required to comply with the foregoing authority are hereby appropriated out of any money in the Treasury not Limited to otherwise appropriated: Provided, That the sums hereby authorized to be transferred to the reclamation fund shall be so transferred only as such sums shall be actually needed to meet payments for work performed Reimbursement. under existing law: And provided further, That all sums so transferred shall be reimbursed to the Treasury from the reclamation fund, as hereinafter provided: Examination And provided further, That no part of this approprojects required. priation shall be expended upon any existing project until it shall have been examined and reported upon by a board of engineer officers of the Army, designated by the President of the United States, and until it shall be approved by the President as feasible and practicable and worthy of such expenditure; nor shall any portion of this appropriation be expended upon any new project. SEC. 2. That for the purpose of providing the Treasury ness authorized. with funds for such advances to the reclamation fund, the Secretary of the Treasury is authorized to issue certificates of indebtedness of the United States in such form as he may prescribe and in denominations of fifty dollars, or multiples of that sum; said certificates to be redeemable at the option of the United States at any work performed. and approval of Issue of certifi cates of indebted Disposal of. ited. time after three years from the date of their issue and to be payable five years after such date, and to bear interest, payable semiannually, at not exceeding three per centum per annum; the principal and interest to be payable in gold coin of the United States. The certificates of indebtedness herein authorized may be disposed of by the Secretary of the Treasury at not less than par, under such rules and regulations as he may prescribe, giving all citizens of the United States an equal opportunity to subscribe therefor, but no commission shall be allowed and the aggregate issue of such Aggregate limcertificates shall not exceed the amount of all advances made to said reclamation fund, and in no event shall the same exceed the sum of twenty million dollars. The certificates of indebtedness herein authorized shall be exempt from taxes or duties of the United States as well Exempt from as from taxation in any form by or under state, municipal, or local authority; and a sum not exceeding onetenth of one per centum of the amount of the certificates of indebtedness issued under this Act is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expense of preparing, advertis-, Appropriation ing, and issuing the same. taxation. for preparing. into the Treas ury. SEC. 3. That beginning five years after the date of the of reclamation re first advance to the reclamation fund under this Act, ceipts to be paid fifty per centum of the annual receipts of the reclamation fund shall be paid into the general fund of the Treasury of the United States until payments so made shall equal the aggregate amount of advances made by the Treasury to said reclamation fund, together with interest paid on the certificates of indebtedness issued under this Act and any expense incident to preparing, advertising, and issuing the same. Limitation on Order of Presi SEC. 4. That all money placed to the credit of the use of fund. reclamation fund in pursuance of this Act shall be devoted exclusively to the completion of work on reclamation projects heretofore begun as hereinbefore provided, and the same shall be included with all other expenses in future estimates of construction, operation, or maintenance, and hereafter no irrigation project contemplated dent required for by said Act of June seventeenth, nineteen hundred and new projects. two, shall be begun unless and until the same shall have been recommended by the Secretary of the Interior and approved by the direct order of the President of the United States. No entries al SEC. 5.13 That no entry shall be hereafter made and no lowed until unit entryman shall be permitted to go upon lands reserved and charges fixed. for irrigation purposes until the Secretary of the Interior shall have established the unit of acreage and fixed the water charges and the date when the water can be applied and made public announcement of the same. 1 Sec. 5 amended by act of Feb. 18, 1911, and by the act of Aug. 13, 1914. 36039-23-28 Former provision for expendi SEC. 6. That section nine of said Act of Congress, tures repealed. approved June seventeenth, nineteen hundred and two, 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," is hereby repealed. allowed leave un on. Approved, June 25, 1910 (36 Stat. 835). An Act Granting leaves of absence to homesteaders on lands to be irrigated under the provisions of the Act of June seventeenth, nineteen hundred and two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asHomesteaders sembled, That all qualified entrymen who have heretofore til water turned made bona fide entry upon lands proposed to be irrigated under the provisions of the Act of June seventeenth, nineteen hundred and two, known as the national irrigation Act, may, upon application and a showing that they have made substantial improvements, and that water is not available for the irrigation of their said lands, within the discretion of the Secretary of the Interior, obtained leave of absence from their entries, until water for irrigation is turned into the main irrigation canals dence not les-s- from which the land is to be irrigated: Provided, That the period of actual absence under this Act shall not be deducted from the full time of residence required by law. 14 Required resi. ened. not works. needed for Approved, June 25, 1910 (36 Stat. 864). An Act To provide for the sale of lands acquired under the provisions of the reclamation Act and which are not needed for the purposes of that Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSale of lands sembled, That whenever in the opinion of the Secretary reclamation of the Interior any lands which have been acquired under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), commonly called the "reclamation Act," or under the provisions of any Act amendatory thereof or supplementary thereto, for any irrigation works contemplated by said reclamation Act are not needed for the purposes for which they were acquired, said 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 to 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. Appraisal. 14 See the act of Apr. 30, 1912. SEC. 2. That upon payment of the purchase price, the Secretary of the Interior is authorized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, 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. Conveyance of title. Limitation. Proceeds to credit of irriga SEC. 3. That the moneys derived from the sale of such lands shall be covered into the reclamation fund and be tion project. placed to the credit of the project for which such lands had been acquired.15 Approved, February 2, 1911 (36 Stat. 895). An Act To authorize the Secretary of the Interior to withdraw public notices issued under section four of the reclamation Act, and for other purposes. ted. Withdrawal of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior may, in his dis- public notices of cretion, withdraw any public notice heretofore issued charges permitunder section four of the reclamation Act of June seventeenth, nineteen hundred and two, and he may agree to such modification of water-right applications heretofore duly filed or contracts with water users' associations and others, entered into prior to the passage of this Act, as he may deem advisable, or he may consent to the abrogation of such water-right applications and contracts, and proceed in all respects as if no such notice had been given. Approved, February 13, 1911 (36 Stat. 902). An Act To amend section five of the Act of Congress of June twentyfifth, nineteen hundred and ten, entitled "An Act to authorize advances to the 'reclamation fund,' and for the issue and disposal of certificates of indebtedness in reimbursement therefor, and for other purposes." Reclamation fund. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five of an Act entitled "An Act to authorize advances to the 'reclamation fund,' and for the issue and disposal of certificates of indebtedness in reimbursement there for, and for other purposes," approved June twenty-fifth, nineteen hundred and ten (Thirtysixth Statutes at Large, page eight hundred and thirtyfive), be, and the same hereby is, amended as follows: "SEC. 5. That no entry shall be hereafter made and no entryman shall be permitted to go upon lands reserved fixed, amended. for irrigation purposes until the Secretary of the Interior shall have established the unit of acreage and fixed the water charges and the date when the water can be applied and make public announcement of the same: Pro 15 See the act of May 20, 1920. Also the act of Jan. 25, 1917, as to Yuma lands, and the act of May 27, 1920, as to Klamath lands. No entries allowed until units |