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140

REAPPRAISAL OF UNSOLD TOWN LOTS

An act providing for the reappraisement of unsold lots in town sites on reclamation projects, and for other purposes. (Act June 11, 1910, ch. 284, 36 Stat. 465)

[Sec. 1. Reappraisal and sale of unsold lots within reclamation town sites.]— The Secretary of the Interior is hereby authorized, whenever he may deem it necessary, to reappraise all unsold lots within town sites on projects under the reclamation act heretofore or hereafter appraised under the provisions of the act approved April sixteenth, nineteen hundred and six, entitled "An act providing for the withdrawal from public entry of lands needed for townsite purposes in connection with irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, and for other purposes,” and the act approved June twenty-seventh, nineteen hundred and six, entitled "An act providing for the subdivision of lands entered under the reclamation act, and for other purposes"; and thereafter to proceed with the sale of such town lots in accordance with said acts. (36 Stat. 465; 43 U.S.C. § 564)

Sec. 2. [Terms of payment.]-In the sale of town lots under the provisions of the said acts of April sixteenth and June twenty-seventh, nineteen hundred and six, the Secretary of the Interior may in his discretion, require payment for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of six per centum per annum on deferred payments. (36 Stat. 466; 43 U.S.C. § 565)

EXPLANATORY NOTES

References in the Text. The Acts of April 16, 1906, and June 27, 1906, relating to town sites, appear herein in chronological order.

Legislative History. S. 5, Public Law 206 in the 61st Congress. S. Rept. (no number). H.R. Rept. No. 1349.

141

NEW MEXICO AND ARIZONA ENABLING ACT

[Extracts from] An act to enable the people of New Mexico to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States. (Act of June 20, 1910, ch. 310, 36 Stat. 557)

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Sec. 2. [Constitutional convention.] *** And said convention shall provide, by an ordinance irrevocable without the consent of the United States and the people of said State [New Mexico]—

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[Disclaimer of right to public or Indian lands-Taxation.]-Second. That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said boundaries owned or held by any Indian or Indian tribes the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that until the title of such Indian or Indian tribes shall have been extinguished the same shall be and remain subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States; that the lands and other property belonging to citizens of the United States residing without the said State shall never be taxed at a higher rate than the lands and other property belonging to residents thereof; that no taxes shall be imposed by the State upon lands or property therein belonging to or which may hereafter be acquired by the United States or reserved for its use; but nothing herein, or in the ordinance herein provided for, shall preclude the said State from taxing, as other lands and other property are taxed, any lands and other property outside of an Indian reservation owned or held by any Indian, save and except such lands as have been granted or acquired as aforesaid or as may be granted or confirmed to any Indian or Indians under any Act of Congress, but said ordinance shall provide that all such lands shall be exempt from taxation by said State so long and to such extent as Congress has prescribed or may hereafter prescribe.

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[Acquiescence in reclamation projects.]—Seventh. That there be and are reserved to the United States, with full acquiescence of the State [New Mexico] all rights and powers for the carrying out of the provisions by the United States of the act of Congress 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, and acts amendatory thereof or supplementary thereto, to the same extent as if said State had remained a Territory. (36 Stat. 559)

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Sec. 10. [Sale of reclaimable lands-Relinquishment of irrigation work— Lieu grants.]*** no lands [in New Mexico] which are or shall be susceptible of irrigation under any projects now or hereafter completed or adopted by the United States under legislation for the reclamation of lands, or under any other project for the reclamation of lands, shall be sold at less than twenty-five dollars per acre: Provided, That said State, at the request of the Secretary of the Interior, shall from time to time relinquish such of its lands to the United States as at any time are needed for irrigation works in connection with any such Government project. And other lands in lieu thereof are hereby granted to said State, to be selected from lands of the character named and in the manner prescribed in section eleven of this Act. (36 Stat. 564)

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[Water-power reservations-Lieu selections.]-There is hereby reserved to the United States and exempted from the operation of any and all grants made or confirmed by this act to said proposed State all land actually or prospectively valuable for the development of water powers or power for hydroelectric use or transmission and which shall be ascertained and designated by the Secretary of the Interior within five years after the proclamation of the President declaring the admission of the State; and no lands so reserved and excepted shall be subject to any disposition whatsoever by said State, and any conveyance or transfer of such land by said State or any officer thereof shall be absolutely null and void within the period above named; and in lieu of the land so reserved to the United States and excepted from the operation of any of said grants there be, and is hereby, granted to the proposed State an equal quantity of land to be selected

NEW MEXICO AND ARIZONA ENABLING ACT

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from land of the character named and in the manner prescribed in section eleven of this act. (36 Stat. 564)

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Sec. 24. [Additional grant for common schools-Selections in lieu of mineral, etc., lands.]—In addition to sections sixteen and thirty-six, heretofore reserved for the Territory of Arizona, sections two and thirty-two in every township in said proposed State not otherwise appropriated at the date of the passage of this act are hereby granted to the said State for the support of common schools; and where sections two, sixteen, thirty-two, and thirty-six, or any parts thereof, are mineral, or have been sold, reserved or otherwise appropriated or reserved by or under the authority of any act of Congress, or are wanting or fractional in quantity, or where settlement thereon with a view to preemption or homestead, or improvement thereof with a view to desert-land entry has been made heretofore or hereafter, and before the survey thereof in the field, the provisions of sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes, and acts amendatory thereof or supplementary thereto, are hereby made applicable thereto and to the selection of lands in lieu thereof to the same extent as if sections two and thirty-two, as well as sections sixteen and thirty-six, were mentioned therein. *** (36 Stat. 572)

EXPLANATORY NOTE

Companion New Mexico Provision. A substantially similar provision regarding the

1. Withdrawals

State of New Mexico will be found in section 6 of the same act, at page 561.

NOTES OF OPINIONS

A reclamation withdrawal existent at the date of the grant made to the State of Arizona by section 24 of the act of June 20, 1910, of certain designated sections of public lands for school purposes, does not defeat the operation of the grant as to lands subsequently restored from the withdrawal, but the right of the State attaches to surveyed lands within the specified sections immediately upon their restoration from the withdrawal, if the State has not selected indemnity therefor. Elizabeth J. Laurence, 49 L.D. 611 (1923).

The right of the State of Arizona which attaches to surveyed school lands immedi

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ately upon their restoration from a reclamation withdrawal cannot be defeated by the initiation of a desert-land claim subsequently to the date of the restoration. Elizabeth J. Laurence, 49 L.D. 611 (1923).

Reclamation withdrawals issued prior to Arizona statehood are effective with respect to lands in sections 16 and 36 that were reserved for the benefit of the Territory of Arizona but not granted to it. Assistant Secretary Davidson Opinion, 59 I.D. 280 (1946).

Lands covered by an existing reclamation withdrawal are excepted from the grant of school lands made to the State of Arizona under section 24 of the Enabling Act. State of Arizona, A-26767 (September 14, 1953).

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EXPLANATORY NOTES

Not Codified. The above provisions of this act are not codified in the U.S. Code. Legislative History. H.R. 18166, Public

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Law 219 in the 61st Congress. H.R. Rept.
No. 152. S. Rept. No. 454.

144

COAL LANDS MAY BE WITHDRAWN UNDER RECLAMATION ACT [Extracts from] An act to provide for agricultural entries on coal lands. (Act of June 22, 1910, ch. 318, 36 Stat. 583)

[Sec. 1. Agricultural entries for surface allowed-Withdrawal under reclamation act-Right to prospect, etc., for coal reserved-Limit and conditionsPerfection of present entries.]—From and after the passage of this act unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject * * * to withdrawal under the act approved June seventeenth, nineteen hundred and two, known as the reclamation act, whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reservation to the United States of the coal in such lands and of the right to prospect for, mine, and remove the same. (36 Stat. 583; 30 U.S.C. § 83)

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Sec. 2. [Applications to state nature of entry.]—* * * The Secretary of the Interior, in withdrawing under the reclamation act lands classified as coal lands, or valuable for coal, with a view of securing or passing title to the same in accordance with the provisions of said acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of this act. (36 Stat. 584; 30 U.S.C. § 84)

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