on all such locations which may be approved by him for patent as above provided: Provided, That they are other wise in accordance with the rules and regulations in such Restriction. cases made and provided. * Approved, May 29, 1908 (35 Stat. 465, 468). NOTE. It will be observed that section 2415, R. S., provides for the location of military bounty-land warrants on lands subject to private entry. The act of March 2, 1889 (25 Stat. 854), provides that no lands shall be subject to private entry except those in the State of Missouri. It, therefore, follows that such warrants can be located only in Missouri, but there is practically no public land left in that State. They may be used, however, at $1.25 per acre as provided for by the act of December 13, 1894 (28 Stat. 594), and also in the commutation of homestead entries.-EDITOR. 11992-31-6 CAREY ACT Cross references: See subtitle "Agricultural Entries on Coal Lands," under "Homesteads," p. 183; "Sale of Surplus Water," under “Reclamation,” p. 534. GENERAL PROVISIONS OF THE CAREY ACT Extract from the sundry civil appropriation Act, approved August 18, 1894 (28 Stat. 372, 422) 2 SEC. 4. That to aid the public-land States in the recla- Desert lands. mation of the desert lands therein, and the settlement, cultivation, and sale thereof in small tracts to actual settlers, the Secretary of the Interior, with the approval of the President, be, and hereby is, authorized and em- Grants to States powered, upon proper application of the State, to con- irrigating. tract and agree, from time to time, with each of the States in which there may be situated desert lands as defined by the Act entitled "An Act to provide for the Vol. 19, p. 377. sale of desert land in certain States and Territories," approved March third, eighteen hundred and seventyseven, and the Act amendatory thereof, approved March third, eighteen hundred and ninety-one, binding the Vol. 26, p. 1096. United States to donate, grant, and patent to the State, free of cost for survey or price, such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty acre tract cultivated by actual settlers, within ten years next plan of proposed after the passage of this Act, as thoroughly as is required of citizens who may enter under the said desert-land law. Before the application of any State is allowed or any contract or agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated which shall exhibit a plan showing the mode of the contemplated irrigation and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the source of the 1 See acts of June 11, 1896 (29 Stat. 413, 434). Mar. 3, 1901 (31 Stat. 1133, 1188), Mar. 15, 1910 (36 Stat. 237), and Feb. 14, 1920 (41 Stat. 407), pp. 78, 79. Extended to the Territories of New Mexico and Arizona by the act of Feb. 18, 1909 (35 Stat. 638), p. 81. 3 For water contracts with the Reclamation Service, see the act of Feb. 21, 1911 (36 Stat. 925), under "Reclamation," p. 534. irrigation to be Regulations. Contracts authorized. Issue of patents for lands reclaimed. Limit to one person. Arid lands. Vol. 28, p. 422. water to be used for irrigation and reclamation, and the Secretary of the Interior may make necessary regulations for the reservation of the lands applied for by the States to date from the date of the filing of the map and plan of irrigation, but such reservation shall be of no force whatever if such map and plan of irrigation shall not be approved. That any State contracting under this section is hereby authorized to make all necessary contracts to cause the said lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but the State shall not be authorized to lease any of said lands or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation, and settlement." As fast as any State may furnish satisfactory proof, according to such rules and regulations as may be prescribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed, and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided, That said States shall not sell or dispose of more than one hundred and sixty acres of said lands to any one person, and any surplus of money derived by any State from the sale of said lands in excess of the cost of their reclamation, shall be held as a trust fund for and be applied to the reclamation of other desert lands in such State. * (U. S. C., title 43, sec. 641.) Extract from the sundry civil appropriation Act, approved June 11, 1896 (29 Stat. 413, 434) That under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in section four of an Act entitled "An Act making appropriations for the sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five," approved August eighteenth, eighteen hundred and ninety-four, a lien or liens is hereby Lien for expenses authorized to be created by the State to which such lands of reclaiming. Patents to United States not liable. are granted, and by no other authority whatever, and when created shall be valid on and against the separate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclamation and reasonable interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particular tract or tracts of such lands, then patents shall issue for the same to such State without regard to settlement or cultivation: Provided, That in no event, in no contingency, and under no circumstances shall the United States be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part. (U. S. C., title 43, sec. 642.) Extract from the sundry civil appropriation Act, approved March 3, 1901 (31 Stat. 1133, 1188) for reclamation, SEC. 3. That section four of the Act of August eight- When time limit eenth, eighteen hundred and ninety-four, entitled "An etc., by State Act making appropriations for sundry civil expenses of begins to run. the Government for the fiscal year ending June thirtieth, Vol. 28, p. 422. eighteen hundred and ninety-five, and for other purposes," is hereby amended so that the ten years' period within which any State shall cause the lands applied for under said Act to be irrigated and reclaimed, as provided in said section as amended by the Act of June eleventh, eighteen hundred and ninety-six, shall begin to run from vol. 29, p. 434. the date of approval by the Secretary of the Interior of the State's application for the segregation of such lands; and if the State fails within said ten years to cause the Failure to rewhole or any part of the lands so segregated to be so claim, etc. irrigated and reclaimed, the Secretary of the Interior may, in his discretion, continue said segregation for a Restoration to period of not exceeding five years, or may, in his discre- public domain. tion, restore such lands to the public domain. An Act Authorizing the Secretary of the Interior to make temporary withdrawals of public lands for certain purposes withdrawals for Act." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- Public lands. bled, That to aid in carrying out the purposes of section Temporary four of the Act of August eighteenth, eighteen hundred applications and ninety-four, entitled " An Act making appropriations under "Carey for sundry civil expenses of the Government for the fis- vol. 28, p. 422. cal year ending eighteen hundred and ninety-five, and for other purposes," it shall be lawful for the Secretary of the Interior, upon application by the proper officer of any State or Territory to which said section applies, to withdraw temporarily from settlement or entry areas embracing lands for which the State or Territory proposes to make application under said section, pending the investigation and survey preliminary to the filing of the maps and plats and application for segregation by the State or Territory: Provided, That if the State or Territory shall not present its application for segregation and maps and plats within one year after such temporary withdrawal the lands so withdrawn shall be restored to entry as though such withdrawal had not been made. Approved, March 15, 1910 (36 Stat., 237, .U. S. C., title 43, sec. 643). An Act To authorize a preference right of entry by certain Carey Restoration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior, when restoring Carey Act. Amended by the act of Jan. 6, 1921 (41 Stat. 1085), p. 80. |