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LEAVE OF ABSENCE FOR CERTAIN ENTRYMEN IN CASTLE PEAK

IRRIGATION PROJECT IN UTAH

An Act for the relief of entrymen within the Castle Peak irrigation project in Utah.

(Act February 28, 1919, ch. 78, 40 Stat. 1210)

[Sec. 1. Application for leave—Lands to be subjected to reclamation actTime of leave—Full residence required.]—That any qualified entryman who has heretofore made bona fide entry upon land subsequently withdrawn under the provisions of the reclamation act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), for the Castle Peak irrigation project in Utah, upon filing an application to have his entry made subject to all the charges, terms, conditions, provisions, and limitations of the reclamation act, together with a satisfactory showing of full compliance with the homestead laws under which such entry was made to the date of such application, may be granted leave of absence from the land until the Secretary of the Interior announces the availability of a water supply for the irrigation of the land, or until the lands embraced in his entry shall be restored to the public domain: Provided, That the period of actual absence until this act shall not be deducted from the full time of residence required by law. (40 Stat. 1210.)

Textual note.—This act is codified as section 592, title 43, United States Code, with the following changes : The introductory word "That" is omitted ; "heretofore" in the second line is changed to read "prior to February 28, 1919" ; "act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight)," is changed to "law"; "reclamation act” in the eighth line reads "reclamation law"; and the word "act" in the proviso reads "section."

NOTE

Regulations.-See Secretary's Instructions regarding this act, dated May 6, 1919 (47 L. D. 144).

RECEIPTS FROM LEASE OF WITHDRAWN OR RESERVED LANDS

TO BE COVERED INTO RECLAMATION FUND

(Extract from) An act making appropriations for sundry civil expenses of the Govern.

ment for the fiscal year ending June 30, 1920, and for other purposes. (Act July 19, 1919, ch. 24, 41 Stat. 163)

*

[Receipts from lands withdrawn under reclamation law to go into reclamation fund—Lands needed for irrigation works and affected by other withdrawal-Secretary of Interior given jurisdiction. ]—The proceeds heretofore or hereafter received from the lease of any lands reserved or withdrawn under the reclamation law or from the sale of the products therefrom shall be covered into the reclamation fund; and where such lands are affected by a reservation or withdrawal under some other law, the proceeds from the lease of land and the sale of products therefrom shall likewise be covered into the reclamation fund in all cases where such lands are needed for the protection or operation of any reservoir or other works constructed under the reclamation law, and such lands shall be and remain under the jurisdiction of the Secretary of the Interior. (41 Stat. 202.)

*

* Textual note.-The above provision is codified as section 394, title 43, United States Code.

NOTES

*

*

Rocky Mountain National Park—National Park Service.-Certain lands were withdrawn June 8, 1904, for the proposed Grand River irrigation project. The Rocky Mountain National Park was created by the act of January 26, 1915 (38 Stat. 798), to include this land. The Grand River irrigation project was not constructed in 1919. It was held in 1919 that the lands were still under the jurisdiction of the National Park Service, the lands not being needed "for the protection or operation of any reservoir constructed under the reclamation law." It is otherwise where the lands in a park are affected by a constructed reservoir of the Reclamation Service (Bureau of Reclamation). (C. L. 866, January 19, 1920.)

For instructions to this effect see C. L. 1279, December 21, 1923 (superseding C. L. 987). Also to same effect see C. L. 841. See circular letters 1031, 1090, 1141, 1165, 1279. For printed forms of lease see C. L. 1282.

Proceeds from leased land withdrawn under reclamation law are applicable to reclamation projects, not to Indian projects.—The provision contained in the sundry civil act of July 19, 1919, directing that the proceeds derived from a lease of lands withdrawn under the reclamation law shall be covered into the reclamation fund, is to be regarded as relating primarily to "reclamation projects," and not to Indian irrigation projects, in the absence of a clear intent to include projects of the latter character. (Flathead Lands, 48 L. D. 468.)

230

CONVEYANCE OF PUBLIC LANDS IN FEDERAL IRRIGATION

PROJECTS FOR SCHOOL PURPOSES

An act granting lands for school purposes in Government town sites on reclamation

projects. (Act October 31, 1919, ch. 92, 41 Stat. 326) [Sec. 1. Secretary authorized to grant lands in reclamation town sites for school purposes—Reversion. ]— That the Secretary of the Interior be, and he is hereby, authorized, upon application by the proper officers of a school district located wholly or in part within the boundaries of a project of the United States Reclamation Service, to issue patent conveying to such district such unappropriated undisposed of lands, not exceeding six acres in area, within any Government reclamation town site situated within such school district as, in the opinion of the Secretary of the Interior, are necessary for use by said district for school buildings and grounds: Provided, That if any land so conveyed cease entirely to be used for school purposes title thereto shall revert to and revest in the United States. 41 Stat. 326.) Textual note. This act is codified as section 570, title 43, United States Code, the only change being the omission of the introductory That."

NOTE

The above act was received by the President October 20, 1919. Not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution, it became a law without his approval.

Regulations. For regulations see C. L. 907, June 28, 1920, or 47 L. D. 413; also 52 L. D. 120.

231

SALE OF LAND IN MINIDOKA PROJECT FOR RAILROAD PURPOSES

An act to authorize the sale of certain lands at or near Minidoka, Idaho, for railroad

purposes. (Act December 17, 1919, ch. 9, 41 Stat. 1453)

[Sec. 1. Authority to convey lands—Price to be not less than $50 per acre.]—That the Secretary of the Interior be, and he is hereby, authorized to sell and convey to Oregon Short Line Railroad Company, a corporation organized and existing under the laws of the State of Utah and authorized to do business in the State of Idaho, its successors and assigns, for railroad purposes, and at a price to be fixed by the Secretary of the Interior in order to return the expenditure heretofore made or proposed for the irrigation of the lands at not less than $50 per acre, and under such terms, conditions, and regulations as the Secretary of the Interior may prescribe, the following described land, situated in Minidoka County, Idaho:

All that part of the west half of the southeast quarter and the southeast quarter of the southwest quarter of section two, and the northwest quarter of the northeast quarter and the north half of the northwest quarter of section eleven, all in township eight south, range twenty-five east of the Boise meridian, within the following described area :

Beginning at the intersection of the present southeasterly right of way boundary of the Twin Falls Branch of the Oregon Short Line Railroad Company with the section line common to said sections two and eleven, one hundred feet southeasterly from and at right angles to the center line of main track of said railroad, said intersection also bearing north eighty-nine degrees five minutes west, four hundred and sixty and one-tenth feet from the quarter section corner common to said sections two and eleven; thence north forty degrees twenty-five minutes east along said southeasterly right of way boundary, being one hundred feet southeasterly from and parallel to said center line of main track, for a distance of seventeen hundred and twenty-six and eight-tenths feet; thence south naught degrees one minute east, and parallel to the north and south center line of said section two, for a distance of thirteen hundred and thirty-two and six-tenths feet, to a point in the section line common to said sections two and eleven; thence continuing south naught degrees one minute east, and parallel to the north and south center line of said section eleven, for a distance of thirteen hundred and twenty feet, to the south line of the northwest quarter of the northeast quarter and the north half of the northwest quarter of said section eleven; thence north eighty-nine degrees five minutes west, along said south line, for

232

SALE OF LAND IN MINIDOKA PROJECT

233

a distance of twenty-two hundred and twenty-nine and five-tenths feet, to a point in the present southeasterly right of way boundary of said railroad; thence north forty degrees twenty-five minutes east, along said right of way boundary, and being one hundred feet southeasterly from and parallel to said center line of main track, for a distance of seventeen hundred and ten and four-tenths feet, to the point of beginning, and containing in all sixty-seven and 'eightyseven one-hundredths acres, more or less, within the proposed pumping unit of the Minidoka project of the United States Reclamation Service. (41 Stat. 1454.)

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