RESURVEY OF CERTAIN PUBLIC LANDS IN NEBRASKA. APRIL 14, 1908.-Ordered to be printed. Mr. FLINT, from the Committee on Public Lands, submitted the following REPORT. [To accompany H. R. 13577.] The Committee on Public Lands, to whom was referred the bill (H. R. 13577) providing for the resurvey of certain public lands in the State of Nebraska, having had the same under consideration, beg leave to report it favorably and recommend that it do pass. A copy of the House report on this bill is hereto attached and made a part of this report. The House report is as follows: The Committee on the Public Lands, to whom was referred the bill (H. R. 13577) providing for the resurvey of certain public lands in the State of Nebraska, submit the following report: Amend the bill as follows: Strike out all after the word "fifteen," in line 5, page 1, down to and including the word "Sixteen," in line 7, and as thus amended that the same do pass. There is attached herewith, and made a part of this report, a letter from the First Assistant Secretary of the Interior, which indicates the neces-ity for these resurveys. From the records of the Department it seems that the survey of these townships was executed all the way from twenty-five to thirty-five years ago. The lands are mostly of a sandy character, in which a survey monument might easily be quickly and effectually obliterated by the action of the elements, grazing animals, etc., and in the four townships to be resurveyed the departmental records show that there has been considerable complaint of lost and obliterated corners. DEPARTMENT OF THE INTERIOR, SIR: I have the honor to acknowledge receipt of your letter of January 17, 1908, transmitting a copy of H. R. 13577, entitled "A bill providing for the resurvey of certain public lands in the State of Nebraska," with the request that you be advised as to what the records of this Department show relative to the condition of the several townships named. In compliance with your request, I have the honor to transmit herewith diagrams of the townships named in said bill, each showing graphically in green, blue, and red colors the vacant, homesteaded, and patented lands, respectively, as disclosed by the records of the General Land Office, as follows, viz: T. 25 N., R. 15 W.-More than half of the lands in this township have been patented and practically all the balance is occupied by homestead settlers, as evidenced by subsisting entries therefor. The original survey was executed in 1872 by a deputy whose reputation was of the best, but the soil being very sandy it is probable that many original corners are obliterated. T. 33 N., R. 16 W.-Practically all of the lands in this township have been patented, there is no vacant land, and 2,665 acres only are occupied by homestead settlers. The original survey was well executed in 1872 by the same deputy who surveyed T. 25 N., R. 15 W., and if the corners are obliterated it would appear to be the result of carelessness on the part of the occupants of the lands at different times since the survey. It will be noted that this township is named twice in the bill. T. 24 N., R. 46 W.-One-fourth of this township is patented land; 14,360 acres are occupied by homestead settlers and 2,800 acres are vacant. The original survey was executed in 1880, and much complaint has been made on account of obliteration of corners. T. 34 N., R. 32 W.-Eight thousand eight hundred and eighty acres of this township is patented land, 13,600 acres are occupied by homestead settlers, and 560 acres are vacant. The original survey was executed in 1882, and much complaint has been made that no corners can be found. Five affidavits of old settlers are on file in this office, stating that no corners of original survey can be found. T. 26 N., R. 31 W.-Nearly one-half of this township is vacant land, only 3,760 acres are patented or disposed of, 2,500 acres of which are school lands of the State of Nebraska, the balance being occupied by homestead settlers under the additional homestead law, locally known as the "Kinkaid law." The original survey was executed in 1876, the soil is very sandy, and much complaint has been made that no corners can be found. H. R. 13577 is herewith returned. Very respectfully, Hon. F. W. MONDELL, FRANK PIERCE, First Assistant Secretary. Chairman Committee on the Public Lands, House of Representatives. 1st Session. ADDITIONAL LANDS FOR WYOMING UNDER CAREY ACT. APRIL 14, 1908.-Ordered to be printed. Mr. CLARK, of Wyoming, from the Committee on Public Lands, submitted the following REPORT. [To accompany S. R. 66.] The Committee on Public Lands, to which was referred the Senate joint resolution (S. R. 66) providing that certain additional lands in Wyoming be made available under the Carey Act, having carefully considered the same, recommends that it do pass with the following amendments: Anend by striking out the preamble. After the word "available," in line 1, page 2, strike out the words "to be subject to the terms of said acts" and insert "and subject to the terms of section four of an act of Congress entitled 'An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes,' approved August eighteenth, eighteen hundred and ninety-four, and by amendments thereto." In line 3, page 2, strike out the words "to purchase." Under the provisions of this act the State of Wyoming has already applied for nearly 800,000 acres, and surveys are now being made and applications prepared for additional amounts, which will far exceed the amount originally mentioned in said law. The committee is of the opinion that the operations of the act should not be hindered or impeded and that the additional acreage should be made available. The operations of the Carey Act in dealing with the arid lands have been most beneficial. Its workings have resulted in immeasurable benefit to the States concerned, and have, under the dual guardianship of the nation and State, eliminated almost entirely speculative holdings so far as land acquired under this act is concerned. Under this law and its operations no land is segregated to the State until both the State and General Government are satisfied that the lands desired are to be, can be, and will be at once available for irrigation and homes. No person can acquire under this law more than 160 acres and the whole transaction is so guarded as to insure in the highest degree S R-60-1-Vol 2-36 honest operation as well as the actual settlement and improvement of the land. This law operates to reclaim tracts of land where the labor and expense is beyond the means of the individual settler and tracts usually not of sufficient areas to attract the attention of the Reclamation Service. In order that the Senate may be fully advised as to the Carey Act itself, the method of its application, and the safeguards thrown around its operation both by the National and State governments it is only necessary to refer to the following regulations of the General Land Office with relation thereto, promulgated January 15, 1902, and reissued January 2, 1907: REGULATIONS Concerning the Selection of DESERT LANDS BY CERTAIN STATES. Section 4 of the act of August 18, 1894, entitled, "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1895, and for other purposes" (28 Stat., 372-422), authorizes the Secretary of the Interior, with the approval of the President, to contra t and agree to patent to the States of Washington, Oregon, California, Nevada, Idaho, Montana, Wyoming, Colorado, North Dakota, South Dakota, and Utah, or any other States, as provided in the act, in which may be found desert lands, not to exceed 1,000,000 acres of such lands to each State, under certain conditions. The text of the act is as follows: "SEC. 4. That to aid the public land States in the reclamation 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 empowered, upon proper application of the State to contract 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 sale of desert land in certain States and Territories,' approved March third, eighteen hundred and seventy-seven, and the act amendatory thereof, approved March third, eighteen hundred and ninety-one, binding the 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 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 suflicient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the source of the 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. That to enable the Secretary of the Interior to examine any of the lands that may be selected under the provisions of this section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, one thousand dollars." In the act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1897, and for other purposes, approved June 11, 1896 (29 Stat., 413-434), there is, under the head of appropriation for "Surveying public lands," the following provision: "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 ninetyfour, a lien or liens is hereby authorized to be created by the State to which such lands 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." The limitation of time in the above-quoted section 4 was modified by section 3 of the act entitled "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes," approved March 3, 1901 (31 Stat., 1133-1188), which provides as follows: "SEC. 3. That section 4 of the act of August eighteenth, eighteen hundred and ninety-four, entitled 'An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, 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 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 whole or any part of the lands so segregated to be so irrigated and reclaimed, the Secretary of the Interior may, in his discretion, continue said segregation for a period of not exceeding five years, or may, in his discretion, restore such lands to the public domain." At The effect of this provision is to allow ten years for the irrigation and reclamation of each body of land segregated, the time to run from the date of the approval of the segregation. It also authorizes the Secretary of the Interior, in his discretion, to extend the time for irrigating and reclaiming the lands for a period of five years. the expiration of the ten years, or of the extended period, the Secretary of the Interior may, in his discretion, restore to the public domain the lands not irrigated and reclaimed by the State. 1. The second paragraph of section 4, quoted above, requires that the State shall first file a map of the land selected and proposed to be irrigated, which shall exhibit a plan showing the mode of contemplated irrigation and the source of the water. In accordance with the requirements of the act, the State must give full data to show that the proposed plan will be sufficient to thoroughly irrigate and reclaim the land and prepare it to raise ordinary agricultural crops; for which purpose a statement of the amount of water available for the plan of irrigation will be necessary. The other data required can not be fully prescribed, as it will depend upon the nature of the plan submitted. All information necessary to enable this office to judge of its practicability for irrigating all the land selected must be submitted. Upon the filing of such map and accompanying plan of irrigation, the lands embraced therein will be withheld from other disposition until final action is had thereon by the Secretary of the Interior. If such final action be a disapproval of the map and plan, the lands selected shall, without further order, be subject to disposition as if such reservation had never been made; and the local officers will make the appropriate notations on the tract books and plat books, opposite those previously made, in accordance with the requirements of paragraph 7. 2. The map must be on tracing linen, in duplicate, and must be drawn to a scale not greater than 1,000 feet to 1 inch. A smaller scale is desirable, if the necessary information can be clearly shown. 3. The map and field notes in duplicate must be filed in the local land office for the district in which the land is located. A plan and field notes covering tracts selected in several land districts need be filed but once in duplicate; one copy in the other districts will be sufficient; but in such case a duplicate map of the lands, at least, must be filed in each local land office, showing the lands to be segregated in that district. The map and field notes must show the connections of termini of a |