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on the public lands, and to provide for the payment of certain fees, purchase money, and commission paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty, shall be construed to abolish the necessity for proof of loyalty in the cases mentioned in said act, and no proof of loyalty shall be required in the cases mentioned in said act.

Approved, April 18, 1904 (33 Stat., 589).

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An Act To authorize the receivers of public moneys for land districts to

deposit with the Treasurer of the United States certain sums embraced in their accounts of unearned fees and unofficial moneys. Be it enacted by the Senate and House of Representatives of Receivers

deposit unearned the United States of America in Congress assembled, That fees. the receivers of public moneys for land districts are hereby authorized, under the direction of the Commissioner of the General Land Office, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years or more, which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such foes or moneys were received, and into an appropriation account to be denominated “Outstanding liabilities."

SEC. 2. That at the time of making such deposit the Lists to be fur. receiver shall furnish a list showing the date when the nished. money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the payments and the amounts thereof, which list shall bear the certificate of the register and receiver that the same is correct; that the amounts are due and payable; that diligence has been exercised to return the same, and that the sums specified have remained unclaimed for a period of five years or more. SEC. 3. That amounts that appear in a receiver's ac- Deposit

deposcounts as "Moneys deposited by unknown parties" shall ited by unknown also be deposited to the credit of the Treasurer of the parties. United States, accompanied by a list showing the amount and, if possible, the date of the receipt of each item; which list shall bear the certificate of the register and receiver that, after careful investigation, the ownership of said monoys could not be determined, and that they have been reported in the unearned fees and unofficial moneys accounts for five years or more. SEC. 4. That any person or persons who shall have Repayment of

deposits. made payment to a receiver, or to his predecessor, and the money shall have been covered into the Treasury pursuant to section one or section three hereof, shall, on presenting satisfactory evidence of such payment to the proper officer of the Treasury Department, be entitled to have the same returned by the settlement of an account and the issuing of a warrant in his favor according to the

recovery.

of

practice in other cases of authorized and liquidated Time limit for claims against the United States: Provided, That when

such moneys shall remain unclaimed in the Treasury for more than five years the right to recover the same shall be barred: Provided, That no homestead entryman shall

be required to make payment of the purchase money on Payment purchase money any application to make a cash entry until the same shall trymen,

have been approved by the register and receiver, but such payment shall be made within ten days after notice of such approval.

Approved, March 2, 1907 (34 Stat., 1245). An Act To provide for the repayment of certain commissions, excess payments, and purchase moneys paid under the public land' laws.

Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, That Repayment of where purchase moneys and commissions paid under any purchase money In rejected on public land law have been or shall hereafter be covered

entries.

into the Treasury of the United States under any application to make any filing, location, selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such applicant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application.

SEC. 2. That in all cases where it shall appear to the for excessive payments.

satisfaction of the Secretary of the Interior that any person has heretofore or shall hereafter make any payments to the United States under the public land laws in excess of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his legal representatives.

SEC. 3. That when the Commissioner of the General retary of the In- Land Office shall ascertain the amount of any excess

moneys, purchase moneys, or commissions in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is hereby authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof.

Approved, March 26, 1908 (35 Stat., 48).

Restriction.

Reimbursment

Amounts to be certified by Sec

terior.

Mineral surveys.

land

An Act For relief of applicants for mineral surveys.

Be it enacted by the Senate and House of Representatives Refund of un- of the United States of America in Congress assembled, used deposits.

That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of the moneys heretofore or hereafter covered into the Treasury from deposits made by individuals to cover cost of work performed and to be performed in the offices of the United States

ap

.

surveyors-general in connection with the survey of mineral lands, any excess in the amount deposited over and above the actual cost of the work performed, including all expenses incident thereto for which the deposits were severally made or the whole of any unused deposit; and such sums, as the several cases may be, propriation for 16 shall be deemed to be annually and permanently appro- funding, priated for that purpose. Such repayments shall be depozitarments to made to the person or persons who made the several deposits, or to his or their legal representatives, after the completion or abandonment of the work for which the deposits were made, and upon an account certified by the surveyor-general of the district in which the mineral land surveyed, or sought to be surveyed is situated and approved by the Commissioner of the General Land Office.

Approved, February 24, 1909 (35 Stat., 645).

An Act For the relief of registers and former registers of the United

States land offices.

cellation notices.

Be it enacted by the Senate and House of Representatives ist Refund to regof the United States of America in Congress assembled, ceivers for canThat the Secretary of the Treasury be, and he is hereby, authorized and directed to refund, out of any money in the Treasury not otherwise appropriated, to registers and former registers of United States land offices money earned by them for issuing notices of the cancellation of entries subsequent to July twenty-sixth, eighteen hundred and ninety-two, which money, under the instructions of the Secretary of the Interior, they were erroneously required to deposit in the United States Treasury, contrary to the provisions of the act approved July twenty-sixth, eighteen hundred and ninety-two: Pro- Accounts. vided, That such refund shall be made only of money deposited subsequent to the approval of the act of July twenty-sixth, eighteen hundred and ninety-two, and shall be made upon accounts stated and certified by the Secretary of the Interior: And provided further, That said Limitation. refund shall be made of only such fees which have not entered into the compensation paid to such registers out of the appropriation for salaries and commissions of registers and receivers for any fiscal year. .

SEC. 2. That hereafter all money or fees received or Accounting collected by registers of United States land offices for issuing notices of cancellation of entries shall be reported and accounted for by such registers in the same manner as other fees or moneys received or collected.

Approved, March 4, 1911 (36 Stat., 1351).

hereafter

RESERVOIR SITES.

Page.

284

Act of October 2, 1888 (25 Stat., 526)-Reservation of storage

reservoirs in arid regions..
Act of August 30, 1890 (26 Stat., 391)-Repeals act of October 2,

1888, but existing reservoir sites reserved.
Act of March 3, 1891 (26 Stat., 1101)-Reservoir sites to contain

only so much land as actually necessary.

284

285

reservoirs in arid

Extract from the sundry civil appropriation act approved October 2,

1888 (25 Stat., 526). Storage

For the purpose of investigating the extent to which region. the arid region of the United States can be redeemed by Investigation.

irrigation, and the segregation of the irrigable lands in such arid region, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows,* * And all the lands which may hereafter be designated or selected by such

United States surveys for sites for reservoirs, ditches or Grandfe reserved canals for irrigation purposes and all the lands made sus

ceptible of irrigation by such reservoirs, ditches or canals are from this time henceforth hereby reserved from sale as the property of the United States, and shall not be subject after the passage of this act, to entry, settlement or occupation until further provided by law.

from sale.

Extract from the sundry civil appropriation act, approved August 30,

1890 (26 Stat., 391).

arid lands from

Topographic

For topographic surveys in various portions of the surveys.

United States, three hundred and twenty-five thousand dollars, one-half of which sum shall be expended west of the one hundredth meridian; and so much of the act of October second, eighteen hundred and eighty-eight, entitled "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending

June thirtieth, eighteen hundred and eighty-nine, and for Reservation of other purposes,

as provides for the withdrawal of the entry repealed. public lands from entry, occupation and settlement, is side entries

daxistint bons hereby repealed, and all entries made or claims initiated validated. in good faith and valid but for said act, shall be recognized

and

may be perfected in the same manner as if said law had not been enacted, except that reservoir sites heretofore located or selected shall remain segregated and

reserved from entry or settlement as provided by said Reservoir sites act, until otherwise provided by law, and reservoir sites

hereafter located or selected on public lands shall in like manner be reserved from the date of the location or selection thereof.

o be reserved.

An Act To repeal the timber-culture laws, and for other purposes.

*

*

*

*

voir sites.

Sec. 17. That reservoir sites located or selected and Limit on reserto be located and selected under the provisions of "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes," and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs, excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs;

Lands of actual settlers.

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