Page:United States Statutes at Large Volume 34 Part 1.djvu/550

 520 FIF'I`Y—NlNTH CONGRESS. Sess. I. Ch. 3559. 1906. fund, and the proceeds of the sales of such lands shall be covered into the reclamation fund. · _ Heybum ¤¤<i Ru- Sec. 4. That in the town sites of Heyburn and Rupert, in Idaho, pqrihiiiggé by im- created and surve ed by the Government, on which town sites settlers “°“’· have been allowed, to establish themselves, and had actually established themselves prior to March fifth, nineteen hundred and six, in_ permanent buildin s not easily moved, the said settlers shall be given the right to urcgiase the lots so built upon at an appraised valuation for cash, suclh appraisement to be made under rules to be prescribed by Ph¥·c*3*j*j“°¤ ¤°* *1* the Secretary of the Interior. Providing that the lim1tation on the " size of townsites contained in the Act of April sixteenth, nineteen hundred and six, entitled “An Act providing for the withdrawal from public entry of lands needed for townsite purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes," shall not apply wmmmwu ur to the townsites named in this section; and whenever, in the opinion ]"g°"°" “i°°“‘ of the Secretary of the Interior, it shall be advisable for the public interest, he may withdraw and dis ose of townsites in excess of one hundred and sixty acres under the provisions of the aforesaid Act, approved April sixteenth, nineteen hundred and six, and reclamation funds shall be available, for the payment of all expenses incurred in executing the provisions of this Act, and the aforesaid Act of April sixteenth, nineteen hundred and six, and the proceeds of all sales of townsites shall be covered into the reclamation fund. hwgtged gmxé Sec. 5. That where any bona fide desert-land entry has been or may nm, be embraced within the exterior limits of any land withdrawal or irrigation project under the Act entitled "An Act appropriating the recei ts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, and the desert-land entryman has been or may be directly or indirectly hindered, delayed, or prevented from making improvements or from reclaimin the land. embraced in any suc entry by reason of such land withdrawal or irri ation project, the time during which the desert-land entryman has Ieen or may be so hindered, delayed, or prevented from complying with the desert-land law shall not be computed in determining the time within which such entryman has been or may be required to make improvements or m·,mg_t,0¤ reclaim the land embraced within any such desert-land entry: Propmjeeuamnaeneu. vided, That if after investigation the irrigation project has been or may he abandoned by the Government, time for compliance with the desert-land law by any such entryman shall begin to run from the date of notice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and improve- · ments heretofore made on any such desert-land entry of which roof €x§g;;¤§,QE§;¤;y:,Eg€ has been tiled; but if the reclamation project is carried to completion compiem. so as to make available a water supply for the land embraced in any such desert-land entry, the entryman shall thereupon comply with a 1 the (provismns of the aforesaid Act of June seventeenth, nineteen hundre and two, and shall relinquish all land embraced within his desertland entry in excess of one hundred and sixty acres, and as to such one hundred and sixty acres retained, he shall be entitled to make final proof and obtain patent upon compliance with the terms of payment prescribed in said Act of June seventeenth, nineteen hundred and two,. dgygsm °* Wm' and pot otherwise. But nothing herein contained shall be held to require a desert-land entryman who owns a water right and reclaims the land embraced in his entry to accept the conditions of said reclamation Act. Approved, June 27, 1906.