NOTES

Form of patent.-Patent under this act should not be executed by the Secretary of the Interior but should be issued from the General Land Office under section 458 of Revised Statutes. (Departmental decision, January 10, 1921, re Vandalia Ditch & Development Co., Milk River project. Reclamation Record of March, 1921, p. 126.)

Sec. 3. [Disposition of proceeds of sales.]-That the moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been withdrawn. (41 Stat. 606.)

RESTORATION OF PUBLIC LANDS AROUND LITTLE KLAMATH LAKE IN OREGON AND CALIFORNIA

An act to restore to the public domain certain lands heretofore reserved for a bird reservation in Siskiyou and Modoc Counties, California, and Klamath County, Oregon, and for other purposes. (Act May 27, 1920, 41 Stat. 627)

[Sec. 1. Lands in Oregon and California uncovered and opened to agricultural development by change of levels of lakes-Public announcement-Entry upon land under homestead laws-Overflow for irrigation purposes Reservations in patents.]-That the Secretary of the Interior be, and he hereby is, authorized and directed to determine and make public announcement of what lands in and around Little or Lower Klamath Lake, in Siskiyou County, California, and in Klamath County, Oregon, ceded to the United States by the State of California by the act entitled "An act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also ceding to the United States all right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the State," and ceded to the United States by the State of Oregon by an act entitled "An act to authorize the utilization of Upper Klamath Lake, Lower or Little Klamath Lake, and Tule or Rhett Lake, situate in Klamath County, Oregon, and Goose Lake, situate in Lake County, Oregon, in connection with the irrigation and reclamation operations of the Reclamation Service of the United States, and to cede to the United States all the right, title, interest, and claim of the State of Oregon to any and all lands recovered by the lowering of the water levels or by the drainage of any or all of said lakes," will eventually be uncovered and opened to agricultural development by the lowering of the water level of said lake. Title to all said lands can be acquired by homestead entry under the general homestead laws and the provisions of this act and not otherwise: Provided, That all said lands shall forever be and remain subject to the right of the United States (a) to overflow the same or any part thereof for the purposes of irrigation by such systems of reservoirs and drainage and diking as now actually exist or may be hereafter constructed in Siskiyou County, California, and Klamath County, Oregon, and (b) to drain the water therefrom. All patents issued for the said lands shall expressly reserve to the United States such right of overflow and drainage, and the title and ownership of all minerals and mineral interests in such lands, including oil, are expressly reserved to the United States. (41 Stat. 627.)

Sec. 2. [Proportionate assessment of land for benefit of reclamation fund.]-That the Secretary of the Interior shall also determine and make public announcement of the proportionate part of the sum of

$283,225, heretofore expended from the reclamation fund in connection with the Klamath project, Oregon-California, that in the opinion of the Secretary of the Interior each acre of the said land should be assessed, and the proportionate part that each acre of privately owned land, similarly situated to the said lands hereby affected, should be assessed, to return to said reclamation fund in all the said sum of $283,225. (41 Stat. 628.)

Sec. 3. [Survey and opening of lands to entry.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to cause said lands to be surveyed and opened to entry under the general homestead laws and the provisions of this act: Provided, That none of said lands shall be opened to entry until the Secretary of the Interior shall have first made arrangement with the owners of lands in private ownership, similarly situated to the lands hereby affected, for the payment into the reclamation fund of the proportionate part of the sum of $283,225, determined and apportioned by the Secretary of the Interior against said privately owned lands as provided in section 2. (41 Stat. 628.)

Sec. 4. [Additional amounts payable by entrymen.]-That in addition to all payments required by the general homestead laws there shall be paid by homestead entrymen the amount per acre assessed as provided in section 2 of this act. Said payment shall be made in annual installments of $1 per acre, except the last installment, which may be a fraction of a dollar: Provided, That the whole or any part of the amount so assessed may be paid by the entryman in a shorter period if he so elects. The first installment shall be paid at the time homestead application is filed and subsequent installments shall be due and payable on December 1 of each calendar year thereafter until the entire sum so assessed and apportioned against the lands is paid, and patent shall not issue for any of said lands until the sum so apportioned against said lands shall have been fully paid. Failure to pay any installment when due shall render the entry subject to cancellation, with a forfeiture of all moneys paid. All assessments shall draw interest at the rate of 6 per centum per annum from their due date until paid. All moneys paid on account of such assessments shall, without diminution of any kind whatsoever, be covered into the reclamation fund. (41 Stat. 628.)

Sec. 5. [Preference rights of those serving in military or naval forces during World War.]-That those who served in the military or naval forces of the United States during the war between the United States and Germany and have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve shall have preference and prior right to file upon and enter said lands under the homestead laws and the provisions of this act for a period of six months following the time said lands are opened to entry. That in opening said lands for homestead entry the Secretary of the Interior shall provide for the disposition thereof to the said soldiers, sailors, and marines, by drawing, under general rules and regulations to be promulgated by him: Provided, That the rights and benefits conferred by this act shall not extend to any person who, having been drafted for service under the provisions of the selective service act, shall have refused to render such service or to wear the uniform of such service of the United States. (41 Stat. 628.)

Sec. 6. [No squatters' rights-Time for entry upon land.]—That no rights to make entry shall attach by reason of settlement or squatting upon any of the lands hereby restored before the hour on which such lands shall be subject to homestead entry at the land office, and until said lands are opened for settlement and entry as herein provided no person shall enter upon and occupy the same, and any person violating this provision shall never be permitted to enter any of said lands. (41 Stat. 629.)

Sec. 7. [Determination of land to be opened within boundaries of Klamath Lake Bird Reservation.]-That the Secretary of the Interior shall determine which of the lands now within the boundaries of the Klamath Lake Bird Reserve are chiefly valuable for agricultural purposes and which for the purpose of said reservation, and shall open to homestead entry those lands which are chiefly valuable for agricultural purposes: Provided, That the shore line of the lake, including the smallest legal subdivision of land adjoining the flow line, shall remain in the possession of the United States, but access may be provided to the lake for such canals as may be necessary for irrigation, drainage, and domestic water supply. (41 Stat. 629.)

Sec. 8. [Powers of Secretary of Interior.]—That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. (41 Stat. 629.)

SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT FOR 1921

[Extracts from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1921, and for other purposes. (Act June 5, 1920, ch. 235, 41 Stat. 874)

*

RECLAMATION SERVICE

The following sums are appropriated out of the special fund in the Treasury of the United States created by the act of June 17, 1902, and therein designated "the reclamation fund ":

For all expenditures authorized by the act of June 17, 1902 (Thirty-second Statutes, page 388), and acts amendatory thereof or supplementary thereto, known as the reclamation law, and all other acts under which expenditures from said fund are authorized, including salaries in the District of Columbia and elsewhere; examination of estimates for appropriations in the field; refunds for overcollections heretofore or hereafter received on account of water-right charges, rentals, and deposits for other purposes; printing and binding; law books, books of reference, periodicals, engineering and statistical publications, not exceeding $1,500; purchase, maintenance. and operation of horse-drawn or motor-propelled passenger-carrying vehicles; payment of damages caused to the owners of lands or private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and the Secretary of the Interior; and payment for official telephone service in the field hereafter incurred in case of official telephones installed in private houses when authorized under regulations established by the Secretary of the Interior. (41 Stat. 913.)

Substantially the same language as the above is carried in the following appropriation acts: Act of March 4, 1921 (41 Stat. 1367); act of May 24, 1922 (42 Stat. 584); act of January 24, 1923 (42 Stat. 1205); act of June 5, 1924 (43 Stat. 390); act of December 5, 1924 (43 Stat. 672); act of March 3, 1925 (43 Stat. 1141); act of May 10, 1926 (44 Stat. 453); except that (1) beginning with the act of March 4, 1921 (41 Stat. 1367), the words "heretofore or after the words "refunds for overcollections " are omitted; (2) in the last four acts the words "law books, books of reference, periodicals, engineering, and statistical publications, not exceeding $- (a different amount is stated in each act) following the words "printing and binding." are omitted. In this connection see act of March 3, 1925 (43 Stat. 1141), supra, providing for a common library for the joint use of the several offices and bureaus of the Interior Department.

Authority to refund overcollections made prior to date of enactment of act.— The provision in the appropriation act of June 5, 1920 (41 Stat. 913), for the refund of "overcollections heretofore or hereafter received on account of water-right charges, rentals, and deposits for other purposes," is authority for the Reclamation Service to refund such overcollections made prior to the date of its enactment and the subsequent annual enactments of such