An Act To authorize the drainage of certain lands in the State of Minnesota.

[Act of May 20, 1908, ch. 181, 35 Stat. L. 169.]

[SEC. 1.] [Public lands in Minnesota subject to state drainage laws.] That all lands in the State of Minnesota, when subject to entry, and all entered lands for which no final certificates have issued, are hereby made and declared to be subject to all of the provisions of the laws of said State relating to the drainage of swamp or overflowed lands for agricultural purposes to the same extent and in the same manner in which lands of a like character held in private ownership are or may be subject to said laws: Provided, That the United States and all persons legally holding unpatented lands under entries made under the publicland laws of the United States are accorded all the rights, privileges, and benefits given by said laws to persons holding lands of a like character in private ownership. [35 Stat. L. 169.]

SEC. 2. [Apportionment of cost.] That the cost of constructing canals, ditches, and other drainage works incurred in connection with any drainage project under said laws shall be equitably apportioned among all lands held in private ownership, all lands covered by unpatented entries, and all unentered public lands affected by such project; and officially certified lists showing the amount of the charges assessed against each smallest legal subdivision of such lands shall be furnished to the register and receiver of the land district in which the lands affected are located as soon as said charges are assessed, but nothing in this Act shall be construed as creating any obligation on the United States to pay any of said charges. [35 Stat. L. 169.]

SEC. 3. [Sale for charges.] That all charges legally assessed may be enforced against any unentered lands, or against any lands covered by an unpatented entry, by the sale of such lands subject to the same manner and under the same proceedings under which such charges would be enforced against lands held in private ownership. [35 Stat. L. 170.]

SEC. 4. [Certificate of sale to land office.] That when any unentered lands, or any lands covered by an unpatented entry, have been sold in the manner mentioned in this Act, a statement of such sale showing the price at which each legal subdivision was sold shall be officially certified to the register and receiver immediately after the completion of such sale. [35 Stat. L. 170.]

SEC. 5. [Patents to purchasers on paying government price.] That at any time after any sale of unentered lands has been made in the manner and for the purposes mentioned in this Act patent shall issue to the purchaser thereof upon payment to the receiver of the minimum price of one dollar and twentyfive cents per acre, or such other price as may have been fixed by law for such lands, together with the usual fees and commissions charged in entry of like lands under the homestead laws. But purchasers at a sale of unentered lands shall have the qualification of homestead entrymen and not more than one hundred and sixty acres of such lands shall be sold to any one purchaser under the provisions of this Act. This limitation shall not apply to sales to the State but shall apply to purchases from the State of unentered lands bid in for the State. Any part of the purchase money arising from the sale of any lands in the manner and for the purposes provided in this Act which shall be in excess of the payments herein required and of the total drainage charges assessed against such lands shall also be paid to the receiver before patent is issued. [35 Stat. L. 170.]

SEO. 6. [Purchase of unpatented entries - payment of excess - forfeiture if charges, etc., not paid in ninety days -- rights of subsequent purchaser disposal of proceeds.] That any unpatented lands sold in the manner and for the purposes mentioned in this Act may be patented to the purchaser thereof at any time after the expiration of the period of redemption provided for in the drainage laws under which it may be sold (there having been no redemption) upon the payment to the receiver of the fees and commissions and the price mentioned in the preceding section, or so much thereof as has not already been paid by the entryman; and if the sum received at any such sale shall be in excess of the payments herein required and of the drainage assessments and cost of the sale, such excess shall be paid to the proper county officer for the benefit of and payment to the entryman. That unless the purchasers of unentered lands shall within ninety days after the sale provided for in section three, pay to the proper receiver the fees, commissions and purchase price to which the United States may be entitled as provided in section five, and unless the purchasers of entered lands shall within ninety days after the right of redemption has expired make like payments as provided for in this section, any person having the qualifications of a homestead entryman may pay to the proper receiver for not more than one hundred and sixty acres of land for which such payment has not been made: First, the unpaid fees, commissions and purchase price to which the United States may then be entitled: and, second, the sum at which the land was sold at the sale for drainage charges, and in addition thereto, if bid in by the State, interest on the amount bid by the State at the rate of seven per centum per annum from the date of such sale, and thereupon the person making such payment shall become subrogated to the rights of such purchaser to receive a patent for said land. When any payment is made to effect such subrogation the receiver shall transmit to the treasurer of the county where the land is situated the amount at which the land was sold at the sale for drainage charges together with the interest paid thereon, if any, less any sum in excess of what may be due for such drainage charge, if the land when sold was unentered. [35 Stat. L. 170.]

SEC. 7. [Right of appeal, etc.] That a copy of all notices required by the drainage laws mentioned in this Act to be given to the owners or occupants of lands held in private ownership shall, as soon as such notices issue, be delivered to the register and receiver of the proper district land office in cases where unentered lands are affected thereby and to the entrymen whose unpatented lands are included therein, and the United States and such entrymen shall be given the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership; and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. [35 Stat. L. 171.]

SEC. 8. [Chippewa Indian lands, Minn. - homestead entries, etc., may be made thereon patents, etc.] That hereafter homestead entries and final proofs may be made upon all ceded Chippewa Indian lands in Minnesota embraced in the withdrawal under the Act of June twenty-first, nineteen hundred and six, entitled "An Act making appropriations for the current and contingent expenses of the Indian Department" (Thirty-fourth Statutes at Large, page three hundred and twenty-five), and patents may issue thereon as in other homestead cases, upon the payment by the entryman of the price prescribed by law for such land and on entries on the ceded Red Lake Reservation in addition thereto

the sum of three cents per acre to repay the cost of the drainage survey thereof, which addition shall be disposed of the same as the other proceeds of said land. [35 Stat. L. 171.]

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[SEC. 1.] [Temporary assistant commissioner temporary recorder.] * That hereafter the Secretary of the Interior be, and he is hereby, authorized to designate an officer or employee of the General Land Office to act temporarily as Assistant Commissioner of that Office during the absence of the Assistant Commissioner, or in case of a vacancy in the office of such Assistant Commissioner, or when such Assistant Commissioner is acting as Commissioner, and all acts performed by any officer or employee while acting under such designation shall have the same force and effect as if performed by said Commissioner or Assistant Commissioner.

That hereafter the Secretary of the Interior be, and he is hereby, authorized to designate an officer or employee of the General Land Office to perform temporarily the duties of the Recorder of that office in the absence of that officer and in the case of a vacancy in the office of such Recorder, and the acts of any person so designated shall have all the force and effect of an act performed by the Recorder. [35 Stat. L. 225.]

This is from the Legislative, Executive, and Judicial Appropriation Act of May 22, 1908, ch. 186.

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[SEC. 1.] [National bison range, Montana.] NATIONAL BISON RANGE: The President is hereby directed to reserve and except from the unallotted lands now embraced within the Flathead Indian Reservation, in the State of Montana, not to exceed twelve thousand eight hundred acres of said lands, near the confluence of the Pend d'Oreille and Jocko rivers, for a permanent national bison range for the herd of bison to be presented by the American Bison Society. And there is hereby appropriated the sum of thirty thousand dollars, or so much thereof as may be necessary, to enable the Secretary of the Interior to pay the confederated tribes of the Flathead, Kootenai, and Upper Pend d'Oreille, and such other Indians and persons holding tribal relations or may rightfully belong on said Flathead Indian Reservation, the appraised value of said lands as shall be fixed and determined under the provisions of the Act of Congress approved April twenty-third, nineteen hundred and four, entitled "An Act for the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment." And the Secretary of Agriculture is hereby authorized and directed to inclose said lands with a good and substantial fence and to erect thereon the necessary sheds and buildings for the proper care and maintenance of the said bison; and there is hereby appropriated therefor the sum of ten thousand dollars or so much thereof as may be necessary; in all, forty thousand dollars. [35 Stat. L. 267.]

This is from the Agricultural Department Appropriation Act of May 23, 1908, ch. 192.

An Act Authorizing a resurvey of certain townships in the State of Wyoming, and for other purposes.

[Act of May 29, 1908, ch. 220, 35 Stat. L. 465.]

[SEC. 1.] [Public lands in Wyoming resurvey of certain townships.] That the Secretary of the Interior be, and he is hereby, authorized and directed

to cause to be made in the manner now provided by law for the survey and resurvey of public lands, and from time to time as may be necessary, a resurvey of the following townships in the State of Wyoming: Townships forty-one to fortyfour north, ranges eighty-one to ninety-two west, inclusive; townships forty-five to forty-eight north, ranges eighty-one to one hundred and four west, inclusive, except township forty-eight north, ranges eighty-eight to ninety-one west, inclusive; townships forty-nine to fifty-two north, ranges eighty-nine to ninety-two west, inclusive; townships fifty-three to fifty-six north, ranges one hundred and one to one hundred and three west, inclusive; townships twelve and thirteen north, range eighty-six west; townships twelve, thirteen, and fourteen north, range eighty-seven west; townships twelve to sixteen north, ranges eighty-eight to one hundred and four west, inclusive; townships seventeen to twenty-four north, ranges ninety-seven to one hundred west, inclusive; townships twelve north, ranges one hundred and five to one hundred and eight west, inclusive; townships twelve to twenty-three north, ranges one hundred and nine to one hundred and twelve west, inclusive; township twenty-four north, range one hundred and eleven west; township twenty-four north, range one hundred and fourteen west; townships seventeen to twenty north, ranges one hundred and seventeen to one hundred and twenty-one west, inclusive; township fifty-seven north, range sixty-eight west; townships fifty-four to fifty-six north, ranges eighty and eighty-one west, inclusive; all west of the sixth principal meridian. [35 Stat. L. 465.]

SEC. 2. [Application of settlers, etc., not affected certain regulations abrogated-present rights, etc., not impaired inaccurate, etc., surveysrestriction.] That nothing herein contained shall cause the applications of settlers upon other lands to be rejected, or caused to be increased the amount annually apportioned to the district of Wyoming, out of the appropriation for surveys and resurveys of public lands. And all rules and regulations of the Department of the Interior requiring petitions from all settlers on said lands asking for a resurvey and an agreement to abide by the result of the survey, so far as these lands are concerned, are hereby abrogated: Provided, That nothing herein contained shall be so construed as to impair the present bona fide rights or claims of any actual occupant of any of said lands so occupied to the amount of land to which, under the law, he is entitled: Provided further, That before any resurvey is ordered it shall be made to appear to the Secretary of the Interior that the former official survey of said lands is so inaccurate or obliterated as to make it necessary to resurvey the land, and only such parts of the land where the survey is so inaccurate or obliterated shall be resurveyed: Provided further, That where it is found that, at the time of the resurvey is entered upon, more than half the lands in any township have been disposed of by entry or otherwise, the resurvey in such township shall not be made; but this proviso shall not apply to lands within railroad land grant limits. [35 Stat. L. 465.]

SEC. 3. [Kansas - lands certified to, for benefit of State Agricultural College, etc.] [Special.]

SEC. 4. [Oklahoma lands granted for insane asylum.] [Special.]

SEC. 5. [North Dakota - authority to sell part of White Stone Hills Park.] [Special.]

SEC. 6. [Wisconsin Central Railroad grants — settlers ejected from, given credit for residence, etc., on making new entries.] [Special.]

SEC. 7. [Nebraska - additional entries by present homesteaders.] That section two of an Act entitled "An Act to amend the homestead laws as to certain unappropriated and unreserved lands in Nebraska," approved April twenty-eighth, nineteen hundred and four, be, and the same hereby is, amended to read as follows:

"SEC. 2. That entrymen under the homestead laws of the United States within the territory above described who own and occupy the lands heretofore entered by them may, under the provisions of this Act and subject to its conditions, enter other lands contiguous to their said homestead entry, which shall not, with the land so already entered, owned, and occupied, exceed in the aggregate six hundred and forty acres; and residence continued and improvements made upon the original homestead, subsequent to the making of the additional entry, shall be accepted as equivalent to actual residence and improvements made upon the additional land so entered, but final entry shall not be allowed of such additional land until five years after first entering the same, except in favor of entrymen entitled to credit for military service." [35 Stat. L. 466.]

For sec. 2 of the Act of April 28, 1904, see 10 Fed. Stat. Annot. 359.

SEC. 8. [Fort McPherson Military Reservation appraised values.]

[Special.]

SEC. 9. [Homestead commutations—not canceled on ground of insufficient residence requirements canceled certificates reinstated, etc.] That no final certificate issued upon proof offered under the commutation provisions of the homestead laws prior to the passage of this Act shall be canceled solely upon the ground of insufficient residence in any case where such proof shows that the entryman had in good faith resided upon and approved the lands covered by his entry for at least eight months within the year immediately preceding the submission of such proof, and in all such cases where the final certificate has been canceled because of insufficient residence such certificate shall, upon application made therefor by the entryman, his heirs or assigns, within one year from the passage of this Act, be reinstated and confirmed if no fraud was practiced by the entryman and no valid adverse rights have attached to the land affected thereby at the date of the filing of such application. [35 Stat. L. 467.]

SEC. 10. [Commuted homestead entries- certain, not to be canceled-reinstatement of canceled entries.] That no homestead entry heretofore made under the provisions of section two of the Act of Congress entitled "An Act for the relief of the Colorado Cooperative Colony, to permit homestead entries. in certain cases, and for other purposes," approved June fifth, nineteen hundred, shall be canceled for the reason that the former entry made by the entryman was commuted under the provisions of an Act entitled "An Act relating to the public lands of the United States," approved June fifteenth, eighteen hundred and eighty (Twenty-first Statutes, page two hundred and thirty-seven). And all entries heretofore canceled on the ground that an entryman who commuted under the provisions of said Act of June fifteenth, eighteen hundred and eighty, is not entitled to the benefits of the Act of June fifth, nineteen hundred, shall be reinstated upon a showing by the entryman or his heirs, within one year from the approval of this Act, that there were no valid grounds for the cancellation of such entries except that a former entry was perfected under the Act of June fifteenth, eighteen hundred and eighty, in all cases