104 TREATY, GREAT BRITAIN ST. MARY AND MILK RIVER, MONT.

Commission, which were presented to that body, at St. Paul, Minn., in May, 1915, and at Detroit, Mich., in May, 1917.

See also text of the decision handed down by the International Joint Commission on October 4, 1921, printed in Reclamation Record of November, 1921, page 515.

Use of reclamation fund in connection with work under above treaty.-In a decision rendered July 18, 1924 (A-2537), the Comptroller General ruled that the appropriation of $100,000 for investigations of secondary projects from the reclamation fund made by act of January 24, 1923 (42 Stat. 1207), could not be used on work under above article 6, such work not being in connection with "examination and survey for the construction and maintenance of irrigation works, etc.," and not within the purpose for which the reclamation fund was established.

The Board of Survey and Adjustments, appointed to carry into effect the provisions of subsection K, section 4, act of December 5, 1924 (43 Stat. 701), made the following recommendation regarding charges for stream gauging against the Milk River project: "The cost of measuring the waters of St. Mary and Milk Rivers, in accordance with the international treaty, has been charged to the construction account of the project. It seems to us that this cost should not be borne by the reclamation fund at all, but should be cared for by Congress as an item of general importance to the country." (House Document No. 201, 69th Cong., 1st sess., p. 31. See also sec. 20, omnibus adjustment act of May 25, 1926, 44 Stat. 640).

The act of March 3, 1925 (43 Stat. 1141), appropriated $10,000 to meet the requirements of article 6, above treaty.

REAPPRAISEMENT 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.]-That 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.)

Textual note. This section is codified as section 564, title 43, United States Code.

Sec. 2. [Terms of payment.]-That in the sale of town lots under the provisions of the said acts of April sixteenth and June twentyseventh, 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.)

Textual note.-This section is codified as section 565, title 43, United States Code.

NOTE

Regulations. See General Land Office instructions of September 13, 1910, 39 L. D. 202, and of April 27, 1927, 52 L. D. 118.

85808-37-8

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 June 20, 1910, ch. 310, 36 Stat. 557)

[Sec. 2. 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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An identical provision regarding the State of Arizona will be found in the same act, at page 570.

[Sale of lands-Relinquishment for irrigation works-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.)

A similar provision regarding the State of Arizona will be found in the same act, at page 574, the only difference being found in the next to the last line of the provision. Instead of "section eleven" reference is made to section twenty-four.

NOTES

Prospecting permit.-Lands reconveyed to the United States by the State of New Mexico for reclamation purposes pursuant to the enabling act of June 20, 1910, which contains an indemnity provision as consideration for such transfers, occupy a status similar to that of withdrawn public lands rather than that of lands acquired by purchase or condemnation, and the granting of permits to prospect for oil or gas upon such lands will be dependent upon the determination of whether or not their restoration will be detrimental to the project. (J. D. Mell et al., 50 L. D. 309.)

NEW MEXICO AND ARIZONA ENABLING ACT

107

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

A similar provision regarding the State of Arizona will be found in the same act, at page 575, the word “exempted" in the second line reading "excepted," and reference being made to "section twenty-four" instead of to "section eleven," in the last line.

Sec. 24. [Additional grant for common schools-Selections in lieu of mineral, etc., lands.]-That in addition to sections sixteen and thirtysix, 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 twentytwo hundred and seventy-five and twenty-two hundred and seventysix 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.)

NOTES

A substantially similar provision regarding the State of New Mexico will be found in section 6 of the same act (36 Stat. 561).

Withdrawal. 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.)

Vested rights. The right of the State of Arizona which attaches to surveyed school lands immediately upon their restoration from a reclamation withdrawal can not be defeated by the initiation of a desert-land claim subsequently to the date of the restoration. (Idem.)

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

[Sec. 1. Agricultural entries for surface allowed-Selection under Carey Act-Withdrawal under reclamation act-Right to prospect, etc., for coal reserved-Limit and conditions-Perfection of present entries.]— That 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 appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection under section four of the act approved August eighteenth, eighteen hundred and ninetyfour, known as the Carey Act, and 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. But no desert entry made under the provisions of this act shall contain more than one hundred and sixty acres, and all homestead entries made hereunder shall be subject to the conditions, as to residence and cultivation, of entries under the act approved February nineteenth, nineteen hundred and nine, entitled "An act to provide for an enlarged homestead": Provided, That those who have initiated nonmineral entries, selections, or locations in good faith prior to the passage of this act on lands withdrawn or classified as coal lands may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent provided for in this act. (36 Stat. 583.)

Textual note.-The substance of this section is codified as section 83, title 30, United States Code, the words "That from and after the passage of this act," at the beginning of the section, being omitted; and citation to sections of the code being made instead of to the Statutes at Large.

Sec. 2. [Applications to state nature of entry.]-That any person desiring to make entry under the homestead laws or the desert-land law, any State desiring to make selection under section four of the act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and 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.)

Textual note. The substance of this section is codified as section 84, title 30, United States Code, the introductory word "That" being omitted; and citation to sections of the code being made instead of to the Statutes at Large.