and issue his warrant in settlement thereof. (U. S. C., title 43, sec. 97.)

scribed.

"SEC. 4. That the Secretary of the Interior is hereby Rules to be preauthorized to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this Act into full force and effect. (U. S. C., title 43, sec. 98.)

Approved, December 11, 1919 (41 Stat. 366).

An Act Authorizing the repayment of rents and royalties in excess of requirements made under leases executed in accordance with the general leasing Act of February 25, 1920

General leasing

excess rentals,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act of Congress ap- act. proved December 11, 1919 (41 Stat. L. 366), entitled vol. 41, p. 366. "An Act to amend an Act approved March 26, 1908, entitled 'An Act to provide for the repayment of certain Repayment of commissions, excess payments, and purchase moneys etc., under. paid under the public land laws,'" is hereby made appli- vol. 41, p. 437. cable to all payments in excess of lawful requirements made under the Act of Congress approved February 25, 1920 (41 Stat. L. 437),5 and under any statute relating to the sale, entry, lease, or other disposition of the public lands.

Approved, June 27, 1930 (46 Stat. 822).

For the act of Feb. 25, 1920 (41 Stat. 437), see Leasing of Mineral Lands," under "Mineral Lands," p. 339.

RESERVOIR SITES

Cross references: See subtitle "Grants to Railroads for Reservoirs," p. 272, under "Indian Lands"; subtitle "Railroad Rights of Way," pp. 479, 481, under "Railroad Grants"; subtitles "Reservoirs, Canals, Ditches, and Tramroads," p. 622, "Telegraph and Telephone Lines, Electrical Plants, Canals, and Reservoirs," p. 626, and "Rights of Way through National Forests for Dams, Reservoirs, etc.," p. 628, under "Rights of Way," "Timber and Stone Lands," p. 707; “Water Power,” p. 754.

WITHDRAWALS AND RESTORATIONS OF RESERVOIR

SITES

Extract from the sundry civil appropriation Act, approved October 2, 1888 (25 Stat. 505, 526)

*

voirs in arid

Investigation.

For the purpose of investigating the extent to which Storage reserthe arid region of the United States can be redeemed by region. 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 canals for irrigation purposes and all the lands made sus- Lands reserved ceptible of irrigation by such reservoirs, ditches or canals from sale. 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: Provided, Reopening of That the President may, at any time in his discretion, by ment. proclamation open any portion or all of the lands reserved by this provision to settlement under the homestead laws. (U. S. C., title 43, sec. 662.)

Extract from the sundry civil appropriation Act, approved August

lands to settle

entry repealed.

And so much of the act of October second, eighteen Reservation of hundred and eighty-eight, entitled "An Act making ap- arid lands from propriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes," as provides for the withdrawal of the public lands from entry, occupation and settlement, is hereby repealed, and all Existing bona entries made or claims initiated in good faith and valid fide entries but for said Act, shall be recognized and may be perfected in the same manner as if said law had not been

1 Repealed by the act of Aug. 30, 1890 (26 Stat. 371, 391), infra, but withdrawals already made to remain segregated. Limited as to area by sec. 17 of the act of Mar. 3, 1891 (26 Stat. 1095, 1101), p. 616.

validated.

Reservoir sites to be reserved.

Limit on reservoir sites.

Lands of actual settlers.

Public lands.

Lands reserved

headwaters of Mississippi River, etc., re

domain.

enacted, except that reservoir sites heretofore located or selected shall remain segregated and reserved from entry or settlement as provided by said 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. (U. S. C., title 43, sec. 662.)

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

SEC. 17. That reservoir sites located or selected and to 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 neces sary 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. (U. S. C., title 43, sec. 663.)

Approved, March 3, 1891 (26 Stat. 1095, 1101).

An Act To cause certain lands heretofore withdrawn from market for reservoir purposes to be restored to the public domain, subject to entry under the homestead law, with certain restrictions

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby restored to the public domain, subject to the easement provided for in section two for reservoirs at hereof, all the lands described in a certain proclamation of the President of the United States, dated November stored to public twenty-eighth, eighteen hundred and eighty-one, Executive Document Numbered Eight hundred and seventytwo, withdrawing and withholding certain lands from market or entry and reserving the same to aid in the construction of certain reservoirs to be built at the headwaters of the Mississippi and Saint Croix Rivers, in the States of Minnesota and Wisconsin, and of the Chippewa and Wisconsin Rivers, in the State of Wisconsin, *** and that these lands when so restored shall be subject to homestead entry only.

Right to overflow reserved.

*

SEC. 2. That the lands hereby restored shall forever be and remain subject to the right of the United States to overflow the same, or any thereof, by such reservoirs as now exist or may hereafter be constructed upon the headwaters of the Mississippi River, and all patents issued for the lands hereby restored shall expressly reserve to the United States such right of overflow.

Approved, March 3, 1905 (33 Stat. 990).

An Act Restoring to the public domain certain lands heretofore reserved for reservoir purposes at the headwaters of the Mississippi River and tributaries

Public lands.

in Minnesota

stead entry.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby restored to the public domain for entry under the homestead laws, pursuant to such Reservoir lands rules and regulations as the Secretary of the Interior may opened to homeprescribe, subject to the easement provided for in section two hereof, any and all lands in the counties of Aitkin, St. Louis, Crow Wing, Cass, Itasca, and Beltrami, approximately six thousand acres, and outside of the boundaries of the Minnesota National Forest Reserve hitherto reserved by Executive order in connection with the construction, maintenance, and operation of reservoirs at the headwaters of the Mississippi River and its tributaries the restoration of which the Secretary of War has recommended or may hereafter recommend to the Secretary of the Interior: *

flow reserved.

SEC. 2. That the lands hereby restored shall forever be Right to overand remain subject to the right of the United States to overflow the same or any part thereof by such reservoirs as now exist or may hereafter be constructed upon the headwaters of the Mississippi River, and all patents issued for the lands hereby restored shall expressly reserve to the United States such right of overflow.

An Act Providing for the location and purchase of public lands for reservoir sites

Reservoir sites

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person, live-stock company, or transporta- for live stock. tion corporation engaged in breeding, grazing, driving, or transporting live stock may construct reservoirs upon unoccupied public lands of the United States, not mineral or otherwise reserved, for the purpose of furnishing water to such live stock, and shall have control of such reservoir, under regulations prescribed by the Secretary of the Interior, and the lands upon which the same is constructed, not exceeding one hundred and sixty acres, so long as such reservoir is maintained and water kept therein for such purposes: Provided, That such reservoir shall not be fenced and shall be open to the free use of any person desiring to water animals of Free use, etc. kind. (U. S. C., title 43, sec. 952.)

Amended by the act of Mar. 3, 1923 (42 Stat. 1437), p. 618.

any