175 RELIEF OF CERTAIN RECLAMATION HOMESTEAD ENTRYMEN WHEN WATER IS NOT AVAILABLE An act for the relief of homestead entrymen under the reclamation projects in the United States. (Act of April 30, 1912, ch. 100, 37 Stat. 105) [Homesteaders under reclamation act allowed time to reestablish residence after water is available-Period of absence not credited.]-No qualified entryman who prior to June twenty-fifth, nineteen hundred and ten, made bona fide entry upon lands proposed to be irrigated under the provisions of the act of June seventeenth, nineteen hundred and two, the national reclamation law, and who established residence in good faith upon the lands entered by him, shall be subject to contest for failure to maintain residence or make improvements upon his land prior to the time when water is available for the irrigation of the lands embraced in his entry, but all such entrymen shall, within ninety days after the issuance of the public notice required by section four of the reclamation act, fixing the date when water will be available for irrigation, file in the local land office a water-right application for the irrigable lands embraced in his entry, in conformity with the public notice and approved farm-unit plat for the township in which his entry lies, and shall also file an affidavit that he has reestablished his residence on the land with the intention of maintaining the same for a period sufficient to enable him to make final proof: Provided, That no such entryman shall be entitled to have counted as part of the required period of residence any period of time during which he was not actually upon the said land prior to the date of the notice aforesaid, and no application for the entry of said lands shall be received until after the expiration of the ninety days after the issuance of notice within which the entryman is hereby required to reestablish his residence and apply for water right. (37 Stat. 105) EXPLANATORY Codification. This Act originally was codified as section 445, title 43 of the U.S. Code, but has since been omitted. Earlier Provision, Leave of Absence to Homesteaders. The Act of June 25, 1910, 36 Stat. 864, authorizes the Secretary of the Interior within his discretion to grant a NOTES leave of absence to qualified entrymen until water is available. The Act appears herein in chronological order. Legislative History. H.R. 18792, Public Law 142 in the 62nd Congress. H.R. Rept. No. 281. S. Rept. No. 540. 174 50-YEAR EASEMENTS, POWER ETC. FACILITIES Primary Transmission Lines. The following statement appears in 43 C.F.R. § 2234.4-1 (a) (3) (1965): "(3) The applicability of the acts of February 15, 1901, and March 4, 1911, to rights-of-way for power purposes over public lands, was superseded by the Federal Power Act of June 10, 1920 (41 Stat. 1063), as amended by sections 201 to 213 inclusive, of the act of August 26, 1935 (49 Stat. 838; 16 U.S.C. 791-825r), as to power projects for the generation and transmission of hydroelectric power, defined in section 3(11) of the act, excepting distribution lines. Applications for hydroelectric power plant sites or rights-of-way for main or primary hydroelectric power transmission lines must be made to the Federal Power Commission, Washington, D.C., under the act of June 10, 1920, as amended. Rights-of-way for transmission lines which Acquired lands 3 Construction with other laws 1 1. Construction with other laws are not primary lines must be secured under the act of February 15, 1901, or the act of March 4, 1911. See 18 CFR 2.2." Cross Reference, Permits for Telegraph, Power and Water Facilities. The Act of February 15, 1901, which appears herein in chronological order, authorizes the Secretary of the Interior to grant revocable permits for rights-of-way for telegraph, power and water facilities through certain parks, reservations and other public lands. Editor's Note, Annotations. Annotations of opinions are included only to the extent deemed relevant to activities of the Bureau of Reclamation. Legislative History, 1911 Act. H.R. 31596, Public Law 478 in the 61st Congress. 46 Cong. Rec. 3777, 3897, 4014-20 (1911). See also S. Rept. No. 967 and H.R. Rept. No. 2177 on S. 7713. NOTES OF OPINIONS The Act of March 4, 1911, 36 Stat. 1253, regarding transmission line easements over public lands, national forests, and reservations, has not been superseded, so far as Federal reclamation project transmission lines are concerned, by the Federal Water Power Act of June 10, 1920, 41 Stat. 1063. Decision of Assistant Secretary, A-17072 (April 25, 1933). 2. Conditions As a condition to a grant of transmission line right-of-way easement under the Act of March 4, 1911, the Department of the Interior by regulation may properly require the applicant to agree to permit the Department to utilize surplus capacity in the line or to increase the capacity of the line for the transmission of power by the Department. Southern California Edison Co., A-30325, 71 I.D. 405 (1964); Public Service Co. of New Mexico, 71 I.D. 427 (1964). 3. Acquired lands Lands acquired by the United States, by purchase or otherwise, are reservation lands within the meaning of the Acts of February 15, 1901, and March 4, 1911. Solicitor's Opinion, M-30846 (November 1, 1940). 175 RELIEF OF CERTAIN RECLAMATION HOMESTEAD ENTRYMEN WHEN WATER IS NOT AVAILABLE An act for the relief of homestead entrymen under the reclamation projects in the United States. (Act of April 30, 1912, ch. 100, 37 Stat. 105) [Homesteaders under reclamation act allowed time to reestablish residence after water is available-Period of absence not credited.]--No qualified entryman who prior to June twenty-fifth, nineteen hundred and ten, made bona fide entry upon lands proposed to be irrigated under the provisions of the act of June seventeenth, nineteen hundred and two, the national reclamation law, and who established residence in good faith upon the lands entered by him, shall be subject to contest for failure to maintain residence or make improvements upon his land prior to the time when water is available for the irrigation of the lands embraced in his entry, but all such entrymen shall, within ninety days after the issuance of the public notice required by section four of the reclamation act, fixing the date when water will be available for irrigation, file in the local land office a water-right application for the irrigable lands embraced in his entry, in conformity with the public notice and approved farm-unit plat for the township in which his entry lies, and shall also file an affidavit that he has reestablished his residence on the land with the intention of maintaining the same for a period sufficient to enable him to make final proof: Provided, That no such entryman shall be entitled to have counted as part of the required period of residence any period of time during which he was not actually upon the said land prior to the date of the notice aforesaid, and no application for the entry of said lands shall be received until after the expiration of the ninety days after the issuance of notice within which the entryman is hereby required to reestablish his residence and apply for water right. (37 Stat. 105) EXPLANATORY Codification. This Act originally was codified as section 445, title 43 of the U.S. Code, but has since been omitted. Earlier Provision, Leave of Absence to Homesteaders. The Act of June 25, 1910, 36 Stat. 864, authorizes the Secretary of the Interior within his discretion to grant a NOTES leave of absence to qualified entrymen until water is available. The Act appears herein in chronological order. Legislative History. H.R. 18792, Public Law 142 in the 62nd Congress. H.R. Rept. No. 281. S. Rept. No. 540. 176 ASSIGNMENT OF DESERT-LAND ENTRIES An act relating to partial assignments of desert-land entries within reclamation projects made since March 28, 1908. (Act of July 24, 1912, ch. 251, 37 Stat. 200) [Desert-land entries within reclamation projects may be assigned-To conform to farm units.]-A desert-land entry within the exterior limits of a Government reclamation project may be assigned in whole or in part under the act of March twenty-eighth, nineteen hundred and eight (Thirty-fifth Statutes at Large, page fifty-two), and the benefits and limitations of the act of June twenty-seventh, nineteen hundred and six (Thirty-fourth Statutes at Large, page five hundred and twenty), shall apply to such desert-land entryman and his assignees: Provided, That all such assignments shall conform to and be in accordance with farm units to be established by the Secretary of the Interior upon the application of the desert-land entryman. All such assignments heretofore made in good faith shall be recognized under this act. (37 Stat. 200; 43 U.S.C. § 449) 177 PATENTS AND WATER-RIGHT CERTIFICATES An act providing for patents on reclamation entries, and for other purposes. (Act of August 9, 1912, ch. 278, 37 Stat. 265) [Sec. 1. Homesteaders under reclamation act to receive patents when conditions completed-Purchasers of water-right certificates-Payment in full required.]—Any homestead entryman under the act of June seventeenth, nineteen hundred and two, known as the reclamation act, including entrymen on ceded Indian lands, may at any time after having complied with the provisions. of law applicable to such lands as to residence, reclamation, and cultivation submit proof of such residence, reclamation, and cultivation, which proof, if found regular and satisfactory, shall entitle the entryman to a patent, and all purchasers of water-right certificates on reclamation projects shall be entitled to a final water-right certificate upon proof of the cultivation and reclamation of the land to which the certificate applies, to the extent required by the reclamation act for homestead entrymen: Provided, That no such patent or final water-right certificate shall issue until after the payment of all sums due the United States on account of such land or water right at the time of the submission of proof entitling the homestead or desert-land entryman to such patent or the purchaser to such final water-right certificate. (37 Stat, 265; Act of February 15, 1917, 39 Stat. 920; 43 U.S.C. § 541) EXPLANATORY NOTES 1917 Amendment. The Act of February 15, 1917, 39 Stat. 920, amended the proviso in section 1 to read as it appears above. Before amendment, the proviso read as follows: "Provided, That no such patent or certificate shall issue until all sums due the United States on account of such land or water right at the time of issuance of patent or certificate have been paid." The 1917 Act appears herein in chronological order. Cross Reference, Patents and WaterRight Certificates for Desert-Land Entrymen on Reclamation Projects. The Act of August 26, 1912, 37 Stat. 595, includes a provision making this act applicable to desert-land entries. The provision is found herein in chronological order. NOTES OF OPINIONS Under the provisions of this act patents may issue on reclamation entries where all water-right charges due at the time the entryman submits proof of reclamation of one-half of the irrigable area of the land embraced in his entry have been paid, regardless of the fact that other water-right charges may accrue and be unpaid prior to the issuance of patent. General Land Office The terms "water-right certificate" and The residence requirements provided for in section 5 of the Reclamation Act of June 17, 1902, apply to all persons acquiring by assignment water-right contracts with the United States, unless prior to such assignment the final water-right certificate |