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officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided, That all or any part of such right-of-way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.

That any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this Act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute. (Mar. 4, 1911, 36 Stat. 1253; 16 U. S. C., sec. 523.)

968. Rights-of-way for dams, reservoirs, and water plants for municipal and mining purposes.—That rights-of-way for the construction and maintenance of dams, reservoirs, water plants, ditches, flumes, pipes tunnels, and canals, within and across the national forests of the United States are hereby granted to citizens and corporations of the United States for municipal or mining purposes, and for the purposes of the milling and reduction of ores, during the period of their beneficial use, under such rules and regulations as may be prescribed by the Secretary of the Interior, and subject to the laws of the State or Territory in which said reserves are respectively situated. (Feb. 1, 1905, sec. 4, 33 Stat. 628; 16 U.S. C., sec. 524.)

969. Lands in Boulder County, Colo., granted to Boulder Colo., for water supply; grant subject to existing legal rights.—That the following-described tracts of land, situate in the county of Boulder, Colorado, namely, all of the north half of the southeast quarter of section eighteen, all of lots six and ten of section eighteen, all of lot three of section eighteen, all of the northeast quarter of the southwest quarter of section eighteen, all of lot two of section eighteen, and all of the southeast quarter of the northwest quarter of section eighteen; all of the north half of the southeast quarter of section nineteen, all of the southeast quarter of the southeast quarter of section nineteen, all of lot three of section nineteen, and all of the northeast quarter of the southwest quarter of section nineteen; all of lot two of section twenty, all of the southwest quarter of the northwest quarter of section twenty and all of the northwest quarter of the southwest quarter of section twenty; all of the southwest quarter of the southeast quarter of section twenty-one; all of the southeast quarter of the southwest quarter of section twenty-one and all of the northwest quarter of the southwest quarter of section twenty-one; all of the northeast quarter of section twenty-eight all of the southeast quarter of section twenty-eight, and all of the northeast quarter of the northwest quarter of section twenty-eight; all of the north half of the northwest quarter of section twenty-nine and all of the northwest quarter of the northeast quarter of section twenty-nine; all of the north half of the northeast quarter of section thirty and all of lot one of section thirty; all in township one north, range seventy-three west of the sixth principal meridian; also all of the southeast quarter of section twenty-four and all of the north half of the northeast quarter of section twenty-five, in township one north, range seventy; four west of the sixth principal meridian; containing one thousand

five hundred and fifty-seven and eighty-seven one-hundredths acres of land, more or less, be, and the same is hereby, granted and conveyed to the city of Boulder in the county of Boulder and State of Colorado, upon the payment of one dollar and twenty-five cents per acre by said city to the United States, to have and to hold said lands to its use and behoof forever for purposes of water storage and supply of its waterworks; and for said purposes said city shall forever have the right, in its discretion, to control and use any and all parts of the premises herein conveyed, and in the construction of reservoirs, laying such pipes and mains, and in making such improvements as may be necessary to utilize the water contained in any natural or constructed reservoirs upon said premises : Provided, however, That the grant hereby made is, and the patent issued hereunder shall be, subject to all legal rights heretofore acquired by any person or persons in or to the above-described premises, or any part thereof, and now existing under and by virtue of the laws of the United States. (Mar. 2, 1907, 34 Stat. 1223.)

970. Additional lands in Colorado National Forest granted to Boulder, Colo., for water supply.—That the city of Boulder, in the county of Boulder, Colorado, is hereby authorized, for a period of five years from and after the passage of this Act, to purchase, and the Secretary of the Interior is hereby directed to convey to said city for use in connection with the lands heretofore purchased by said city under the provisions of the Act of Congress entitled, “An Act to grant certain lands to the city of Boulder, Colorado", approved March 2, 1907 (Thirty-fourth Statutes, page 1223), for purposes of water storage and supply of its waterworks, the following described lands, to wit: The west half of section twenty-seven and the north half of the northwest quarter of section thirty-four, township one north, range seventy-three west, sixth principal meridian, containing four hundred acres within the Colorado National Forest, or any part of said lands. (Sept. 29, 1919, sec. 1, 41 Stat. 288.)

971. Payment; prior rights not affected; mineral deposits reserved; reversion.—That the said conveyance shall be made upon the payment by said city for the lands purchased at the rate of $1.25 per acre: Provided, That the conveyance hereby authorized shall not include any lands which at the date of the issuance of patent shall be covered by a valid existing bona fide right or claim initiated under the laws of the United States: Provided further, That there shall be reserved to the United States all oil, coal, and other mineral deposits that may be found in the lands so granted and all necessary use of the lands for extracting the same: And provided further, That said city shall not have the right to sell or convey the land herein granted, or any part thereof, or to devote the same to any other purpose than as hereinbefore described, and if the said land shall not be used for such municipal purpose, the same, or such parts thereof not so used, shall revert to the United States; the conditions and reservations herein provided for shall be expressed in the patent. (Sept. 29, 1919, sec. 2, 41 Stat. 289.)

972. Cibola National Forest; lands eliminated.—That the lands in townships 8 and 9 north, ranges 16 and 17 west, of the New Mexico principal meridian, New Mexico, comprising the Miller Division of the Cibola National Forest, are hereby eliminated from the Cibola

National Forest and withdrawn as an addition to the Zuni Indian Reservation, subject to any valid existing rights of any persons thereto. (June 20, 1935, Public 156, 74th Cong.)

973. Cleveland National Forest; lands granted to San Diego, Calif., for water supply.—That the south half northeast quarter northwest quarter and the north half southwest quarter section 8; the west half southwest quarter southwest quarter and the west half northeast quarter northwest quarter section 9, all in township 15 south, range 2 east, San Bernardino base and meridian, within the Cleveland National Forest; and the southwest quarter southwest quarter, the east half southwest quarter, the northwest quarter southeast quarter and the west half northeast quarter southeast quarter section 11; the north half northwest quarter and the southwest quarter northwest quarter section 14; the southeast quarter southwest quarter, the southwest quarter southeast quarter, the east half southwest quarter southwest quarter, the northeast quarter southwest quarter, the east half northeast quarter northwest quarter, the east half southeast quarter northwest quarter, the northeast quarter, the north half southeast quarter and the southeast quarter southeast quarter section 15; the northeast quarter southeast quarter section 21; the northwest quarter northeast quarter, the northwest quarter, the north half southwest quarter, the southwest quarter southwest quarter, the west half northeast quarter northeast quarter, and the south half northeast quarter section 22; the west half northwest quarter section 27; the east half northeast quarter, the southwest quarter northeast quarter, the southeast quarter, the east half northeast quarter southwest quarter, the east half southeast quarter southwest quarter, and the east half northwest quarter northeast quarter section 28; and the northeast quarter, the west half southeast quarter, the east half southwest quarter, the southeast quarter northwest quarter, and the east half northeast quarter northwest quarter section 33, all in township 14 south, range 2 east, San Bernardino base and meridian; also the north half southwest quarter, the southwest quarter southwest quarter, the west half northwest quarter southeast quarter, the west half southwest quarter southeast quarter, and the north half southeast quarter southwest quarter section 3; and lots 2, 3, 6, 7, 8, 9, 10, 11, and the south half section 4, all in township 15 south, range 2 east, San Bernardino base and meridian, within the Capitan Grande Indian Reservation, all within the county of San Diego and State of California, are hereby granted to the city of San Diego, a municipal corporation in said county and State, for dam and reservoir purposes for the conservation and storage of water, whenever said city shall have provided compensation as hereinafter specified for all property rights and interests and damages done to Mission Indians located upon the Capitan Grande Indian Reservation: Provided, That the lands herein granted shall not be sold, assigned, transferred, or conveyed to any private person, corporation, or association; and in case of any attempt to sell, assign, transfer, or convey, or upon a failure to use and apply said lands exclusively to the purposes herein specified, this grant shall revert to the United States: Provided, however, That proceedings to acquire the nine hundred and twenty acres of additional land granted by this Act, as herein amended, by eminent domain of the State of California as authorized by the provisions

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of this Act herein contained, may at the option of the city of San Diego be dispensed with, and if the said city so elects and upon payment by said city as compensation for such lands, rights, interests, and damages of the additional sum of $35,567.20, the Secretary of the Interior of the United States is hereby authorized and directed to issue to said city a patent in fee simple conveying all the rights, titles, and interests of the said Indians and of the United States in and to all of the lands herein above described : Provided further, That no provisions of this Act and nothing done in carrying out its provisions, as between the United States, said Mission Indians and their grantees, shall in any wise limit or terminate any rights within the Capitan Grande Indian Reservation of any person, persons, or corporations heretofore granted or conveyed under or by authority of the laws of the United States.

No provisions of this Act and nothing done in carrying out its provisions shall have the effect of terminating or limiting the rights of said Capitan Grande Indians or of the United States in or to the lands or in the waters flowing in or along the lands remaining in and forming a part of the Capitan Grande Reservation after the city of San Diego has acquired title to the lands herein granted: Provided, That in the event the Indians of the Capitan Grande Reservation, or any of them, are located on additional land or lands purchased by the United States for them and situate within the watershed of the San Diego River, the said Indians or any of them or the United States in their behalf shall have the right to transfer to such additional land or lands, in whole or in part, such water rights

as they or the United States possess on the Capitan Grande Indian Reservation, and subject to the conditions hereinafter provided shall have the same right to develop and use a like quantity of water on such additional land or lands as they have heretofore had the right to develop and use within said reservation: Provided further, That the total quantity of water developed and used by the said Indians or by the United States in their behalf, including the use continued on the diminished reservation, shall not exceed in the aggregate the total quantity of water which said Indians or the United States in their behalf ħave heretofore had the right to develop and use within the Capitan Grande Indian Reservation.

The grant herein to the said city of San Diego is hereby expressly made subject to such rights, which rights shall not be subject to loss by nonuse or abandonment thereof so long as the title to said lands remains in the Indians or in the United States.

The funds paid and those to be paid by the said city of San Diego as compensation to the Capitan Grande Indians for their lands shall, in addition to the uses in the Act of February 28, 1919 (40 Stat. L. 1206–1209), for the removal of said Indians as a tribe, be available also for reestablishing individually, or as a group or groups the Capitan Grande Band of Indians, including those residing within the Conejos Valley of the retained reservation, on tract or tracts of land to be acquired by purchase or otherwise for them, and for the acquiring of water rights including cost of transferring in whole or in part their present water rights to such other lands, construction of necessary water works, including the development of a water supply, for domestic and irrigation purposes, purchasing or building

homes, purchasing of household furnishings, farm equipment, livestock, and other improvements for the benefit of these Indians under such rules and regulations to be prescribed by the Secretary of the Interior: Provided, That those Indians desiring to remain on that part of the Capitan Grande Reservation not disposed of under this Act may remain thereon and receive such benefits there. (Feb. 28, 1919, 40 Stat. 1206; May 4, 1932, 47 Stat. 146.)

974. Lands granted subject to existing legal rights. That the lands herein granted are and shall be subject to all legal rights heretofore acquired by any person, persons, or corporation in or to the above described premises, or any part thereof, and now existing under and by virtue of the laws of the United States, and no private right, title, interest, or claim of any person, persons, or corporation in or to any of such lands shall be interfered with or abridged, except with the consent of the owner or owners, or claimant or claimants thereof, or by due process of law and just compensation paid to such owner or claimant: Provided, That the rights and claims of the Mission Indians of the Capitan Grande Indian Reservation, located upon the lands herein described and affected by the grant herein, shall be protected and provided for as hereafter set forth in section three of this Act. (Feb. 28, 1919, sec. 2, 40 Stat. 1207.)

975. Condemnation proceedings by California for Indian lands; grant not effective until payment of condemnation awards, etc.—That the law of eminent domain of the State of California is hereby extended over and made to apply to said lands, and the Secretary of the Interior or his duly authorized representative is hereby directed to appear on behalf of, in the name of, and to represent the Capitan Grande Band of Indians and the United States in any proceedings insti. tuted by the city of San Diego to condemn the interest of said Indians in said lands: Provided, That any judgment or order of condemnation entered in such proceeding shall be binding upon said Capitan Grande Band of Indians only upon the approval by the Secretary of the Interior of the terms of said judgment: Provided further, That the Secretary of the Interior shall require from the city of San Diego in addition to the award of condemnation such further sum which, in his opinion, when added to said award, will be sufficient in the aggregate to provide for the purchase of additional lands for the Capitan Grande Band of Indians, the erection of suitable homes for the Indians on the lands so purchased, the erection of such schools, churches, and administrative buildings, the sinking of such wells and the construction of such roads and ditches, and providing water and water rights and for such other expenses as may be deemed necessary by the Secretary of the Interior to properly establish these Indians permanently on the lands purchased for them; and the Secretary of the Interior is hereby authorized to expend the proceeds or any part thereof, derived from this grant for the purposes above enumerated, for the exclusive use and benefit of said Indians: And provided further, That the grant made in this Act shall not become effective until payment has been made of the sums herein provided for. (Feb. 28, 1919, sec. 3, 40 Stat. 1207.)

976. Acquirement of lands by grantee; forfeiture for failure to commence.—That within one year after the approval of this Act the city

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