Page:United States Statutes at Large Volume 40 Part 1.djvu/1225

 SIXTY-FIFTH GONGRESS. Sas. III. cu. 76. rare. 1207 said lands exclusiveéyto the purposes herein specified, this grant shall revert to the Umte States. Sec. 2. That the lands herein ted are and shall be subject to Eristms heal me all legal rights heretofore  by any person, persons, or corpora- '°°““‘°° tion m or to the above described premises, or any part thereof, and now existing under and by virtue of the laws of the United States, and no private right, title, interest, or claim of any person, persons, or corporation m or to any of such lands shall be interfered with or abridged, except with the consent of the owner or owners, or claimant or claimants thereof, or by due process of law and just compensation paid to such owner or claimant: Provided, That the hwg- mi rights and claims of the Mission Indians of the Oitpitan Grande  °‘ °° Indian Reservation, located upon the lands herein escribed and affected by the grant herein, shalhbe protected and provided for as hereafter set forth in section three of this Act. · ~, . Sec. 3. That the law of eminent domain of the. State of California Gmdmpauggiuvgghe is hereby extended over and made to applyto said lands, and the itiidriihisiliuas. Secretaignpf the Interior or his duly authorized representative is hereby ted to appear on behalf 0, in the name 0 , and to represent the Ca itan Grande Band of Indians and the United States in any proceedings instituted by the city of San Diegphto condemn the interest of said Indians in said lands: Provided, at any judgg Pfvviwa. ment or order of condemnation entered in such proceeding shall, 5.E`$`$`}°§'g.$,`L,l?.$§"§“; binding upon said Capitan Grande Band of Indians only upon the I”*°'*°'~ ‘ approval y the Secretar{_§f the Interior of the terms 0 said judgiment: Promkled further, at the Secretary of the Interior sh d,§_g"}’gé*§;gn§>u{•:·' require from the city of San Diego in addition to the award of con- ae. demnation such further sum which, in his opinion, when added to said award,  be sufficient in the aggregate to lprovide for the purchase of additional lands for the Capitan rande and of Indians, the erection of suitable homes for the Indians on the lands so purchased, the erection of such schools, churches, and administrative buildings, the sinking of such wells and the construction of such roads and ditches, and providing water and water riglhts and for such other expenses as may be eemed necessary by the Secretary of the Interior to properly establish these Indians permanently on the lands purchased for them; and the Secretary o the Interior is US°°‘P*°°•°°=· hereby authorized to expend the proceeds or any part thereof, derived from this grant for the purposes above enumerated, for the exclusive use and benefit of said Indians: And provided further b°§)*;¤I}a;*;1gng¤°°¤" That the grant made in this Act shall not become effective until ` pa ent has been made of the sums herein provided for. giih. 4. That within one year after the approval of this Act the b;gg;I¤,*;m¤;¤¢¤f¤¤d¤ city of San Diego shall commence condemnation proceedings to °g ` ac uire the lands herein described and shall diligently prosecute suihi proceedings to a fnal judgment. Within two years after the p{}g§¤¤,lg_§g;>_¤B¤l;<;¤cl{y1{ approval by the Secretariy of the Interior of any such judgment of stiucmtirh w¤i·k¤,ét¢. condemnation the city 0 San Diego shall mstrtute, and thereafter shall dili ently prosecute, proceedings for the issuance and sale of municipal bonds to defray the amount necessary to satisfy any such judgment of condemnation, paying such additional sum as the Secretary of the Interior may require, as provided for in section three, and providing for the acquisition, construction, and completion of a dam, reservoir, pipe line, and appurtenances thereto necessary or convenient to the storage and conservation of water ulpon the lands herein described for the purposes set forth rn this ill. Within six months from the time of payment mto the city treasury  ¢* of the moneys realized from the sale of municipal bonds issued as ' herein provided the city of San Diego shall commence the construction of said dam and reservoir, and the same shall be prosecuted _ _ diligently, and in the event that the Secretary of the Interior shall F°‘“"“‘°‘°‘“““"·