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Amounts to be certified by Sec

terior.

of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his legal representatives.

SEC. 3. That when the Commissioner of the General retary of the In- Land Office shall ascertain the amount of any excess moneys, purchase moneys, or commissions in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is hereby authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof.1

Approved, March 26, 1908 (35 Stat. 48).

An Act For relief of applicants for mineral surveys.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemland bled, That the Secretary of the Treasury be, and he is Refund of un- hereby, authorized and directed to pay, out of the moneys

Mineral

surveys.

used deposits.

heretofore or hereafter covered into the Treasury from deposits made by individuals to cover cost of work performed and to be performed in the offices of the United States surveyors-general in connection with the survey of mineral lands, any excess in the amount deposited over and above the actual cost of the work performed, including all expenses incident thereto for which the deposits were severally made or the whole of any unused deposit; and such sums, as the several cases may be, shall be Permanent ap deemed to be annually and permanently appropriated for refunding. that purpose. Such repayments shall be made to the Repayments to person or persons who made the several deposits, or to his or their legal representatives, after the completion or abandonment of the work for which the deposits were made, and upon an account certified by the surveyorgeneral of the district in which the mineral land surveyed, or sought to be surveyed is situated and approved by the Commissioner of the General Land Office.

propriation for

depositors.

Approved, February 24, 1909 (35 Stat. 645).

An Act For the relief of registers and former registers of the United
States land offices.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemRefund to reg bled, That the Secretary of the Treasury be, and he is ceivers for can- hereby, authorized and directed to refund, out of any cellation notices. money in the Treasury not otherwise appropriated, to

isters and re

registers and former registers of United States land offices money earned by them for issuing notices of the cancellation of entries subsequent to July twenty-sixth, eighteen hundred and ninety-two, which money, under

1Amended by the act of Dec. 11, 1919.

the instructions of the Secretary of the Interior, they were erroneously required to deposit in the United States Treasury, contrary to the provisions of the Act approved July twenty-sixth, eighteen hundred and ninety-two: Provided, That such refund shall be made only of money deposited subsequent to the approval of the Act of July twenty-sixth, eighteen hundred and ninety-two, and shall be made upon accounts stated and certified by the Secretary of the Interior: And provided further, That said refund shall be made of only such fees which have not entered into the compensation paid to such registers out of the appropriation for salaries and commissions of registers and receivers for any fiscal year.

SEC. 2. That hereafter all money or fees received or collected by registers of United States land offices for issuing notices of cancellation of entries shall be reported and accounted for by such registers in the same manner as other fees or moneys received or collected.

Approved, March 4, 1911 (36 Stat. 1351).

An Act To amend an Act approved March 26, 1908, entitled "An Act to provide for the repayment of certain commissions, excess payments, and purchase moneys paid under the public land laws."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an Act approved March 26, 1908 (Thirty-fifth Statutes at Large, page 48), entitled "An Act to provide for the repayment of certain commissions, excess payments, and purchase moneys paid under the public land laws," be amended to read as follows:

Accounts

Limitation

Accounting hereafter.

Condition.

"SEC. 1. That where purchase moneys and commissions Repayment of purchase moneys, paid under any public land law have been or shall here- etc., in rejected after be covered into the Treasury of the United States entries under any application to make any filing, location, selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such applicant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application: Provided, That such person or his legal representatives shall file a request for the repayment of such purchase moneys and commissions within two years from the rejection of such application, entry, or proof, or within two years from the passage of this Act as to such applications, proofs, or entries, as have been heretofore rejected. "SEC. 2. That in all cases where it shall appear to the satisfaction of the Secretary of the Interior that any person has heretofore or shall hereafter make any payments to the United States under the public land laws in excess

36039-23-32

Time limit for applications.

Repayment of excess payments.

application.

of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his Time limit for legal representatives: Provided, That such person or his legal representatives shall file a request for the repayment of such excess within two years after the patent has issued for the land embraced in such payment, or within two years from the passage of this Act as to such excess payments as have heretofore been made.

certified to Secretary of Treasury.

Amounts to be 66 SEC. 3. That when the Commissioner of the General the Land Office shall ascertain the amount of any excess moneys, purchase moneys, or commissions in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is hereby authorau- ized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof.

Payment

thorized.

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"SEC. 4. That the Secretary of the Interior is hereby authorized 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."

Approved, December 11, 1919 (41 Stat. 366).

RESERVOIR SITES.

Act of October 2, 1888-Reservation of storage reservoirs in arid regions_ Act of August 30, 1890-Repeals act of October 2, 1888, but existing reservoir sites reserved_.

Act of March 3, 1891-Reservoir sites to contain only so much land as actually necessary

Extract from the sundry civil appropriation Act approved October 2,

1888 (25 Stat, 505-526).

voirs in

Page.

495

495

496

arid

Investigation.

Lands reserved

For the purpose of investigating the extent to which Storage reserthe arid region of the United States can be redeemed by region. irrigation, and the segregation of the irrigable lands in such arid region, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, * * And all the lands which may hereafter be designated or selected by such United States surveys for sites for reservoirs, ditches or canals for irrigation purposes and all the lands made sus- fronds r ceptible of irrigation by such reservoirs, ditches or canals are from this time henceforth hereby reserved from sale as the property of the United States, and shall not be subject after the passage of this act, to entry, settlement, or occupation until further provided by law: Provided, lands to settleThat the President may, at any time in his discretion, by ment. proclamation open any portion or all of the lands reserved by this provision to settlement under the homestead laws.1

Extract from the sundry civil appropriation Act approved August 30, 1890 (26 Stat. 371-391).

Reopening

of

arid lands from

And so much of the act of October second, eighteen Reservation of hundred and eighty-eight, entitled "An Act making ap- entry repealed. propriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes," as provides for the withdrawal of the public lands from entry, occupation and settlement, is hereby repealed, and all Existing bona entries made or claims initiated in good faith and valid validated. but for said Act, shall be recognized and may be perfected in the same manner as if said law had not been enacted, except that reservior sites heretofore located or selected shall remain segregated and reserved from entry or settlement as provided by said Act, until otherwise

1 Repealed by the Act of Aug. 30, 1890, but withdrawals already made to remain segregated. Limited as to area by Act of Mar. 3, 1891,

fide entries

to be reserved.

Reservoir sites provided by law, and reservoir sites hereafter located or selected on public lands shall in like manner be reserved from the date of the location or selection thereof.

Limit on reservoir sites.

An Act To repeal the timber-culture laws, and for other purposes.

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SEC. 17. That reservoir sites located or selected and to be located and selected under the provisions of "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purLands of actual poses," and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs;

settlers.

Approved, March 3, 1891 (26 Stat. 1095-1101).

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