Before the application of any State is allowed or any agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, it shall file a map of the land proposed to be irrigated and a plan showing the mode of the contemplated irrigation sufficient to irrigate and reclaim land and prepare it to raise ordinary agricultural crops, and showing the source of the water to be used for irrigation and reclamation. The Secretary may make regulations for the reservation of the lands applied for by the States from the date of the filing of the map and plan of irrigation, subject to approval of such map and plan. A State contracting under this section may make contracts to cause the lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but shall not lease any of the lands or use or dispose of them in any way, except to secure their reclamation, cultivation, and settlement. Upon satisfactory proof according to rules and regulations prescribed by the Secretary, that any of said lands are irrigated, reclaimed and occupied by actual settlers, the Secretary shall issue patents to the State or its assigns for said lands so reclaimed and settled. The States shall not sell or dispose of more than one hundred and sixty acres of the lands to any one person, and shall hold any surplus of money derived by it from the sale of the lands in excess of the cost of their reclamation, to be applied to the reclamation of other desert lands in such State. § 3632. Temporary withdrawal from settlement or entry For the purposes of this chapter, the Secretary may, upon application by any State to which said section applies, withdraw temporarily from settlement or entry areas embracing lands for which the State proposes to make application under section 3631 of this title, pending the investigation and survey preliminary to the filing of the maps and plats and application for segregation by the State. If the State does 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present its application for segregation and maps and plats within one year after such temporary withdrawal the lands so withdrawn shall be restored to entry. § 3633. Liens for expenses of reclamation Under any State law providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in this chapter, liens may be created by the State to which such lands are granted, but by no other authority. Such liens shall be valid on and against the separate legal subdivisions of land reclaimed, for the cost and expenses of reclamation and interest thereon from the date of reclamation until disposed of to actual settlers. When a supply of water is furnished to reclaim a particular tract of such lands, patents shall issue for the same to such State without regard to settlement or cultivation. The United States shall not be liable for any amount of any such lien or liability. § 3634. Preference right to entrymen under State laws The Secretary of the Interior, when restoring to entry lands that have been segregated to a State under this chapter, may, under such rules and regulations as he may establish, allow for not more than ninety days to any entryman under this chapter, a preference right of entry as to any of such lands which such entryman had entered pursuant to the State laws providing for the administration of the grant under this chapter, and upon which such entryman had established actual bona fide residence or had made substantial and permanent improvements. Each entryman shall be entitled to a credit, as residence upon his new homestead entry allowed hereunder, of the time that he has actually lived upon the claim as a bona fide resident thereof. § 3635. Grant extended to desert lands within part of former Ute Indian Reservation in Colorado This chapter applies to the desert lands within the limits of all that portion of the former Ute Indian Reservation, not included in any national forest, in the State of Colorado, described and embraced in the Act entitled "An Act relating to lands in Colorado lately occupied by the Uncompahgre and White River Ute Indians", approved July 28, 1882. But before a patent shall issue for any of the lands aforesaid under the terms of this chapter the State of Colorado shall pay into the Treasury of the United States the sum of $1.25 per acre for the lands so patented, and the money so paid shall be subject to the provisions of law pertaining to the proceeds of sale of such lands. No lands shall be included in any tract to be segregated under the provisions of this chapter on which the United States has valuable improvements, or which have been reserved for any Indian schools or farm purposes. CHAPTER 193-FEDERAL LANDS INCLUDED IN Sec. STATE IRRIGATION DISTRICTS 3661. Subjection of lands in State irrigation district to State laws generally. 3662. Cost of construction and maintenance of irrigation project as charge on land. 3663. Map of district and plan of irrigation project; approval by Secretary. Sec. 3664. Entry of approval on land records. 3665. Release of unentered land from lien on non-completion of irrigation project. 3666. Enforcement of lien against entered but unpatented land. 3667. Sale of unpatented and unentered land prohibited; suspension of entry. 3668. Patents to entered but unpatented land. 3669. Delivery to land office managers or to entrymen of notices required by law; hearing, appeal. 3670. Disposition by Government of proceeds of land sold. § 3661. Subjection of lands in State irrigation district to State laws generally When under the irrigation district laws of any State there has been organized and created an irrigation district which includes unentered or entered but unpatented public lands of the United States such of the public lands as may be designated by the Secretary shall be subject to all the provisions of the laws of the State relating to the organization, government, and regulation of irrigation districts for the reclamation and irrigation of arid lands for agricultural purposes, to the same extent and in the same manner as lands of a like character held under private ownership, so long as the United States and all entrymen under the public land laws of the United States are accorded all the rights, privileges, benefits, and exemptions given by said State laws to persons holding lands of a like character under private ownership, except as otherwise provided in this chapter. This chapter does not apply to any irrigation district comprising a majority acreage of unentered public land. § 3662. Cost of construction and maintenance of irrigation project as charge on land The provisions of this chapter shall not be effective as to the lands contained within any irrigation district unless the cost of constructing, acquiring, or maintaining the canals, ditches, reservoirs, reservoir sites, water, water rights, rights of way, or other property incurred in connection with any irrigation project under said irrigation district laws is equitably apportioned among lands held under private ownership, unpatented entries, and unentered public lands included in said irrigation district, and unless officially certified lists of the amounts of charges assessed against the smallest legal subdivision of said lands are furnished to the manager of the land office for the district within which the lands affected are located as soon as such charges are assessed; but nothing in this chapter shall be construed as creating any obligation against the United States to pay any of said charges, assessments, or debts incurred. J. 6277035 All charges legally assessed shall be a lien upon unentered land and upon lands covered by unpatented entries included in said irrigation district. § 3663. Map of district and plan of irrigation project; approval by Secretary Except as provided in section 3850 of this title, no unentered lands and no entered but unpatented lands shall be subject to the lien or liens provided by this chapter until there shall have been submitted by said irrigation district to the Secretary of the Interior, and approved by him (1) a map or plat of said district, (2) sufficient detailed engineering data to demonstrate to the satisfaction of the Secretary of the Interior the sufficiency of the water supply and the feasibility of the project, and (3) in those irrigation districts where the irrigation works have not been constructed, an explanation of a plan or mode of irrigation sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops, which plan also shows the source of water to be used for irrigation of land included in said district. § 3664. Entry of approval on land records Upon the approval of the district map or plat as provided in section 3663 of this title by the Secretary the manager of the district land office shall note said approval upon his records where any unentered or entered and unpatented lands are affected. § 3665. Release of unentered land from lien on non-completion of irrigation project The Secretary of the Interior may, upon the expiration of ten years from the date of his approval, pursuant to section 3663 of this title, of the map and plan of any irrigation district, release from the lien authorized by this chapter any unentered or unpatented lands, for which irrigation works have not been constructed and water of such district made available for the land. § 3666. Enforcement of lien against entered but unpatented land Any lien authorized by section 3661 of this title upon said land covered by unpatented entries may be enforced upon said unpatented lands by the sale thereof in the same manner and under the same proceeding whereby said assessments are enforced against lands held under private ownership. In the case of such lands withdrawn under the provisions of the reclamation law, as defined in section 3701 of this title, the title or interest which such irrigation district may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to a prior lien reserved to the United States for all the unpaid charges authorized by the said reclamation law, but the holder of such tax deed or tax title resulting from such district tax shall be entitled to all the rights and privileges in the land included in such tax title or tax deed of an assignee under the provisions of section 3833 of this title, and upon submission to the United States land office of the district in which the land is located of satisfactory proof of such tax title, the name of the holder thereof shall be indorsed upon the records of such land office as entitled to the rights of one holding a complete and valid assignment under section 3833, and such person may at any time thereafter receive patent upon submitting satisfactory proof of the reclamation and irrigation and making the payments required by the said reclamation law or any contract thereunder. § 3667. Sale of unpatented and unentered land prohibited; suspension of entry No public lands which were unentered at the time any tax or assessment was levied against them pursuant to this chapter shall be sold for such taxes or assessments, but such tax or assessment shall be a lien upon such lands, and not more than one hundred and sixty acres of such land shall be entered by any one person. Application for lands. made subject to tax or assessment pursuant to this chapter, after approval by the Secretary, under the homestead or desert-land laws of the United States shall be suspended for a period of thirty days to enable the applicant to present a certificate from the proper district or county officer showing that no unpaid district charges are due and delinquent against said land. § 3668. Patents to entered but unpatented land Any entered but unpatented lands not subject to the reclamation law, sold in the manner and for the purposes mentioned in this chapter may be patented to the purchaser thereof or his assignee at any time after the expiration of the period of redemption allowed by law under which it may have been sold (no redemption having been made) upon the payment to the manager of the proper district land office of the minimum price of $1.25 per acre, or such other price as may be fixed by law for such lands, together with the usual fees and commissions charged in entries of like lands under the homestead laws, and upon a satisfactory showing (1) that the irrigation works have been constructed, (2) that water of the district is available for such land, and (3) that the purchaser or his assignee has, at the time of application |