ACT APRIL 15, 1902, c. 507. An Act for the Relief of Bona Fide Settlers in Forest Reserves. (32 Stat. 106.) Relief of bona fide settlers in forest reserves having failed to place claims of record. Be it enacted, &c., That where a claimant under the settlement laws of the United States within the limits of a forest reserve created under the provisions of section twenty-four of the Act of March third, eighteen hundred and ninety-one, entitled "An Act to repeal timber-culture laws, and for other purposes," has failed, by reason of ignorance of the proclamation of the President, or of the filing of the township plat of survey, or from unavoidable accident or conditions, or from misunderstanding of the law, to place his claim of record within the statutory period, such claimant may be permitted. within a period of two years from and after the passage of this Act to file his claim in the proper United States land office and receive patent therefor upon showing due compliance with the law under which the claim is asserted, notwithstanding the reservation, provided that he made bona fide settlement upon the land claimed prior to the date of the proclamation establishing the forest reserve and maintained continuous residence thereon for the requisite period. The benefits of this Act shall extend to bona fide claims already received by the local land offices after the statutory period, and for which patents have not issued, provided the settlers have complied with the provisions of the law except as to the time of filing their claims. Act April 15, 1902, c. 507, 32 Stat. 106. Act March 3, 1891, c. 561, § 24, mentioned in this act, is set forth in Comp. St. 1901, p. 1537. The relinquishment to the Government, by the settler or owner of a tract included within a forest reservation, of such tract, and the selection by him in lieu thereof of lands subject to homestead entry, are authorized by provisions of Act June 4, 1897, c. 2, § 1, and Act March 3, 1901, c. 831, § 1, Comp. St. 1901, pp. 1541, 1544. [IRRIGATION IN ARID REGIONS; GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION.] ACT OCT. 2, 1888, c. 1069. Investigation of arid regions by Geological Survey; reservations for reservoir sites, etc.; opening lands to homestead entries. The provisions of this act, and subsequent provisions amendatory thereof and supplementary thereto, of Act March 2, 1889, c. 411, § 1. Act Aug. 30, 1890, c. 837, § 1, and Act March 3, 1891, c. 561, § 17, set forth in Comp. St. 1901, pp. 1552-1554, are to a great extent superseded by the provisions, relating to the same subjects, of Act June 17, 1902, c. 1093, set forth below. ACT MARCH 2, 1889, c. 411, § 1. Report of expenditures for investigation of arid regions. The provision of this act, set forth in Comp. St. 1901, p. 1553, requiring a report to Congress by the Director of the Geological Survey, under supervision of the Secretary of the Interior, is superseded by the require ment of a similar report by the Secretary, by Act June 17, 1902, c. 1093, § 2, set forth below. ACT AUG. 30, 1890, c. 837, § 1. Repeal in part of Act Oct. 2, 1888, c. 1069; entries on arid lands; reservation of reservoir sites. The provisions of this act, set forth in Comp. St. 1901, p. 1553, as well as those of Act Oct. 2, 1888, c. 1069, repealed in part thereby, relating to the withdrawal from entry of public lands, are superseded by the provisions, relating to the same subject, of Act June 17, 1902, c. 1093, 88 3, 4, set forth below. ACT AUG. 18, 1894, c. 301, § 4. Contracts by United States with public-land States for donation of arid lands. State laws relating to irrigation and vested rights acquired thereunder, and rights of any State or of the Federal government, or of any landowner, proprietor, or user of water, in waters of interstate streams, are not affected by Act June 17, 1902, c. 1093, by section 8 of that act, set forth below. ACT JUNE 11, 1896, c. 420, § 1. Liens for expenses of reclamation of arid lands. See note under Act Aug. 18, 1894, c. 301, § 4, above. ACT JUNE 17, 1902, c. 1093. An Act Appropriating the Receipts from the Sale and Disposal of (32 Receipts from public lands in certain States and Territories appropriated as reclamation fund; insufficiency of proceeds of other public lands for support of agricultural colleges to be supplied from other moneys. Be it enacted, &c., That all moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June thirtieth, nineteen hundred and one, including the surplus of fees and commissions in excess of allowances to registers and receivers, and excepting the five per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are hereby, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the "reclamation fund," to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said States and Territories, and for the payment of all other expenditures provided for in this Act: Provided, That in case the receipts from the sale and disposal of public lands other than those realized from the sale and disposal of lands referred to in this section are insuf ficient to meet the requirements for the support of agricultural colleges in the several States and Territories, under the Act of August. thirtieth, eighteen hundred and ninety, entitled "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an Act of Congress approved July second, eighteen hundred and sixty-two," the deficiency, if any, in the sum necessary for the support of the said colleges shall be provided for from any moneys in the Treasury not otherwise appropriated. Act June 17, 1902, c. 1093, § 1, 32 Stat. 388. This act supersedes to a great extent the previous provisions relating to irrigation of arid lands, contained in Act Oct. 2, 1888, c. 1069, and subsequent amendatory and supplementary provisions, set forth in Comp. St. 1901, pp. 1552-1554. The return to the reclamation fund of the cost of construction of works for irrigation, from charges on the lands irrigated, and the purposes for which the fund may be used, are provided for by sections 4-7 of this act, set forth below. The method of apportionment of the expenditure of funds among the States and Territories is prescribed, and equalization of such expenditures is provided for, by section 9 of this act, set forth below. Surveys for and location and construction of irrigation works; reports to Congress. Sec. 2. That the Secretary of the Interior is hereby authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells, and to report to Congress at the beginning of each regular session as to the results of such examinations and surveys, giving estimates of cost of all contemplated works, the quantity and location of the lands which can be irrigated therefrom, and all facts relative to the practicability of each irrigation project; also the cost of works in process of construction as well as of those which have been completed. Act June 17, 1902, c. 1093, § 2, 32 Stat. 388. This section supersedes the previous similar provisions for investigations and surveys by the Geological Survey and for reports thereof by the Director of the Geological Survey, contained in Act Oct. 2, 1888, c. 1069, and Act March 2, 1889, c. 411, § 1, Comp. St. 1901, pp. 1552, 1553. Withdrawal from entry of lands required for works and lands susceptible of irrigation; lands to be irrigated subject to entry under homestead laws; commutation provisions not applicable. Sec. 3. That the Secretary of the Interior shall, before giving the public notice provided for in section four of this Act, withdraw from public entry the lands required for any irrigation works contemplated under the provisions of this Act, and shall restore to public entry any of the lands so withdrawn when, in his judgment, such lands are not required for the purposes of this Act; and the Secretary of the Interior is hereby authorized, at or immediately prior to the time of beginning the surveys for any contemplated irrigation works, to withdraw from entry, except under the homestead laws, any public lands believed to be susceptible of irrigation from said works: Provided, That all lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions. of this Act; that said surveys shall be prosecuted diligently to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon. restore said lands to entry; that public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty nor more than one hundred and sixty acres, and shall be subject to the limitations, charges, terms, and conditions herein provided: Provided, That the commutation provisions of the homestead laws shall not apply to entries made under this Act. Act June 17, 1902, c. 1093, § 3, 32 Stat. 388. Requirements to be performed by the entryman of lands to be irrigated, in addition to compliance with the homestead laws, are contained in section 5 of this act, set forth below. Contracts for irrigation works; public notice of lands irrigable, limit of entry, charges, etc.; eight hours to be a day's work; no Mongolian labor to be employed. Sec. 4. That upon the determination by the Secretary of the Interior that any irrigation project is practicable, he may cause to be let contracts for the construction of the same, in such portions or sections as it may be practicable to construct and complete as parts of the whole project, providing the necessary funds for such portions or sections are available in the reclamation fund, and thereupon he shall give public notice of the lands irrigable under such project, and limit of area per entry, which limit shall represent the acreage which, in the opinion of the Secretary, may be reasonably required for the support of a family upon the lands in question; also of the charges which shall be made per acre upon the said entries, and upon lands in private ownership which may be irrigated by the waters of the said irrigation project, and the number of annual installments, not exceeding ten, in which such charges shall be paid and the time when such payments shall commence. The said charges shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project, and shall be apportioned equitably: Provided, That in all construction work eight hours shall constitute a day's work, and no Mongolian labor shall be employed thereon. Act June 17, 1902, c. 1093, § 4, 32 Stat. 389. Requirements to be performed by entryman; sale of water rights to landowners; payments, and forfeiture for nonpayment; disposition of receipts; commissions of registers and receivers. Sec. 5. That the entryman upon lands to be irrigated by such works shall, in addition to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the lands covered by his entry shall pay to the Government the charges apportioned against such tract, as provided in section four. No right to the use of water for land in private ownership shall be sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner unless he be an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made. The annual installments shall be paid to the receiver of the local land office of the district in which the land is situated, and a failure to make any two payments when due shall render the entry subject to cancellation, with the forfeiture of all rights under this Act, as well as of any moneys already paid thereon. All moneys received from the above sources shall be paid into the reclamation fund. Registers and receivers shall be allowed the usual commissions on all moneys paid for lands entered under this Act. Act June 17, 1902, c. 1093, § 5, 32 Stat. 389. Use of reclamation fund for reservoirs and irrigation works; transfer of management of irrigation works to landowners; title to and management of reservoirs, etc. Sec. 6. That the Secretary of the Interior is hereby authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irrigation works constructed under the provisions of this Act: Provided, That when the payments required by this Act are made for the major portion of the lands irrigated from the waters of any of the works herein provided for, then the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regulations. as may be acceptable to the Secretary of the Interior: Provided, That the title to and the management and operation of the reservoirs and the works necessary for their protection and operation shall remain in the Government until otherwise provided by Congress. Act June 17, 1902, c. 1093, § 6, 32 Stat. 389. Acquisition of rights or property for purposes of act; condemnation proceedings. Sec. 7. That where in carrying out the provisions of this Act it becomes necessary to acquire any rights or property, the Secretary of the Interior is hereby authorized to acquire the same for the United States by purchase or by condemnation under judicial process, and to pay from the reclamation fund the sums which may be needed for that purpose, and it shall be the duty of the Attorney-General of the United States upon every application of the Secretary of the Interior, under this Act, to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the Department of Justice. Act June 17, 1902, c. 1093, § 7, 32 Stat. 389. Provisions applicable generally to proceedings to acquire real estate for public uses by condemnation are contained in Act Aug. 1, 1888, c. 728, Comp. St. 1901, pp. 2516, 2517. Irrigation laws of States and Territories, and rights to waters of interstate streams, not affected by act; extent of right to use of water acquired under act. Sec. 8. That nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any |