Page:United States Statutes at Large Volume 44 Part 1.djvu/2115

 210]*. i TITLE $3.-ePUB ne‘:na·del_oi’ a tract of land not intended. to be entered, the 1 ggtrymean, lectdr, or leéatmi, or, in case of his death, his legal mpeesentggw, ai;. when the claim le by law transferable, llgls Qt or their ‘t:ana1'erees, may, in any caeecemlng ·within—the pm- c vlslene of this section, Bla his mr their andavih with {such- la nddltiennl evldenee as een be ptocurcd showing the mistake c as to the nnmmfs of the tratztjntended to be entered and that J every reesennhle precantlnnr and exertion gas used to avoid 1 me error; with the reglater of the land district in whicn such c tract of land is eitnateywho shall E tragmit the evidence sub-. . I mitted t0_etl1em; in each ease, tcgjetherl with his written opinion a both as to the existence of the mistake and- the credibility of. t gvery.·pc1‘sGil testifying thereto, t0` the flommissioner of _ the: t General Land Omce, Who; lf he be entirely satisiled that the lt mistake has been; made and that every reasonable ptecautipn · p nndexertion has been made tcavold it,istauth01—ized_t0 change ‘ ` the entity and transfer the payment frpmi the tiact erroneously entered- te thatlinitenclcd tube en-tetéd, Qif the-same lmenot been disposed stand isenbject to entry;`013 if nétsubject to entry, ·' then te any ether tract liable to such entry, eelcetigm, or location; that the aath ct the person interested shall in no case be ~_f , deen:ed·suQcient, in the, absence of other cprtobcratiug testi- r many, te antherize such change of entry, not shall anything ·d hereini contained adectl the right of third persons} (R. S. tJ 5 2372; Feb. 24; 1909, c, 181, 35, Stat, 645; Mar. 3, 1925, c._ 462, It »43 Stat. 1145; May-21, 19%,»<é._353,"44 Stat. 591.) · "    H  $$1 at Title]! resold l¤';i•rt.—-·-The_p1?i>vl.el0n—0t the Act Q, at Jan. Q7, 1922, c. ,33, {2 Stat., 359,»~ccnetitntlng the second- ll paragraph of § 897 of Title 43_c£ the Code, wad repmled by Act· 0 or May 21, 192S, c._ 853, 44 Stat. 591, which also provided as Q tellewa: "The Act of Congress approved January 27, 1922, en- · titled ‘A.n Act te amend section 2372.ct the Revised Statutes} bc_ l' and the same. is hereby repealed.: Provided, That any applications fj · heretefnre thed- under the provlalons ot. this Act; or any claim of H which netlee is nled within sixty days {pon: ‘the'approeal of this I Act, npenwrhlch anpllcntions are presented within one year from P the date of nppreval ei this. Act, may be perfected and patents isi H sued therefor, the uma as it tht: Act had not been passed: Pro· _P vided lsertlher, That when- the selection: in exchange falls for no on ‘ fanlt en the part oi the selector-another selection in exchange may cl, be made it died within oneyear from notice to the selector ot the y rejeetlen el' the selectionf _ _` h _ ‘ _ Z lChante&· 29.-T-RESERVATIONS AND GRANTS T0 STATES a FOR PUBLIC PURPOSES. S · ‘ __  p 889. Patmt to Stain, eennties, or mnnleipalltiee of withheld ti ‘nnrme¤*cd nennxineral  lands fer park or recreatienal t' pnt  in exchange fen other lands; reservntinn of mineral P demeite.-—-4`hat the Seétetary ot the Interior be, and hereby is, ;( authorized, ln his °dlecretlen,’ tof withhold from all forma of § appropriation unreeerved nnnmlneral public lands, which have been clnaalded by him as ehiedy valnahle for recx·eational- pur-, . noses and are not desired for Federal adminietratlen, but only after a petition requesting each withdrawal has been signed C and nled hy the dnly·eenetltnted_ authorities or theiStat@ 0; ot A the eenntyler cenntlm within which the lands are located, and; to eeeent title en behalf et the United Staten: fiom any Stateel J. in and te lands granted by Congress to such State. and in tex- _ change theteter ta patent to each State an   Yqnantlty of 01 value et surveyed land an withheld· and elaaslded, any patent- th ae leaned, te eentain a meeervatlnn to the.United States of all 5] Inineral_depeeite in the land ennveyed andnt the right to, mine at and fe evei  under regulations to be established hy the th Secretary, and a prevmnn; ten tevemlonj of tltle to the United Ia ·$£et® npona    ding by the Secretary of the Interior that for ath a netted- et ave ceas@ntlve ymna auch land has not  need 56 by the State tc: park nr recreational purposes, an that auch land 01* any part thereof is being devoted; to other nse·:;Pw#v£ded,` ···· That laude so withheld and claaaided may, in the discretion, of T the Secretary ot the Interl01·,`be also held subject to nnrehaae and may  ·pui·chased thy the state 01: county in which the cna

{LIC LA/NDS _ §1l71 ” dude apegitgdted, or by an adjacent mtmicimlity in the same t iiate. at a price tube dxed by- the Seeretary of the Interior, >f mineral depceitsyaixd thé.'§¥fE¤e pmvisiou for reversion of title ts are preseribed for codveydnees to the States in consummation >f exchanges hereby euthorizedgorl be held subject to leese and nay be. leased to such, State$,g'c0unties, or municipalities for Pecretatiqnal “ useat a reasonable 8.IlB°HBI.1‘€Bt&}. for a period nf twenty years; with privilege of 1'€I}€$§'&I· fer da like period. md the‘Secretary of the Interior is hereby authorized to make dlmecessary 'rules and I°€`gll]8.ti0l;1S for thee purpm of carryizig the prqvisions of this Act 5 intb eiectz Provided furthe·r; '1‘fhet‘ he Seeretary ’0f the 1i1terior shall for eacln year make a regert 0 Congress giving in detail a listief lands exchanged under the srovisions of this Act? (J {me 14, 1926, c, 578, 44 Stat. 741.) New section. ·‘ ‘   , i - 6 Zhapter 22.——RIGHTS’0F WAY AND OTHER EASEMENTS. IN PUBLIC LANDS,. ·‘, _ · · M946. Right of isy tc camel `and ditch. fer irrigaicn purp0ses.——Q1‘he rlght.'0f \V&§'2tlIl`Ol1gh the public lands add eserydtions of the United States is hereby grautedte any canal · [itch company,. ixjrlfdtion or drainage district farmed for the rdrpose of irrigatio 01' drainage, and duly ergadized under the _ Pwd of au;} State or “Territory,‘ dud which shall have Bled, er nay hereafter tile, with the Secretary of the Interior a cen? »t its articles of ini:or·peration· cr, it not a private edrporatio:1. ‘ .— copy or,the.1aw midenf whichthe same is termedaad due preot · »f its organization undef the eame, to the extent df the gretmel ccupied by thewater of arzyreservolr and of any egdels end aterdls and fifty` feet on eseh side of the » marginal limited hereof, and, upon presentation ot satisfaétory shdivingjay the pplicant, such additional rightfotway as the Secretary. of the _ utericr, may deem necessary for tbwomr operation and daintenauee of eald reservoirs, ·C8.ll8,l$,‘ e d‘·latemls; also the _ ight to take from tile public lands adjacent to the line of the, anal or ditch,-·mate1‘lal, earth, and ,.at<me_ lnéeessark for the obstruction of sucl1_ca.uel or ditch: Pg~0~v£ded’,V '1‘lnat‘ ne such ight of way shall be so located asto interfere with the proper eeupdtionw by the Government of any {ucla reservation, and · ·» ll maps of 10c&ti<m·shall_be subject to the appreval et ,tl1e<deartment of-the Government hgYlx1g_j€trisdic, e   of such x·eserv=a—_ Ecu; and the privilege herein wanted ot be ccmstmed ¤ interfere with the control of water ter irrigation and other _ urfmsee under authority of the respeetlve Stateser Territories. " Mdr, _3, 1891, c. 561, § 18, 26 Stdt."110§_ Mer. 4,1917, ci. 184, 1,,39 Stat. 1197; Mdy*_28, 19%, `c. 409, 44 Stat. 668.)   946 at Title 4,3 Ohélldtée-—-rfilé statutery pmvisikm eonsjituting {946 et Title,43 of the Cade has b€€B.&B2€&d€*€ by Act of May 28,-1926, "c,‘409, 44 Stat, 668, to reddas above. · hapter _ 28.—-TMISCELLANEOUS PROVISIONS. RELATING °T0 THE PUBLIC LANDS. 7 _  SALES OF ISOLATED TRACTS 1171. Sale of!‘l‘l\d8_01\ fetmer re»eervation.»—Tlxe prdvleicms Edectlbn 2455, United States Revised Statutes, es. amended lyyl Le Act, of June 27, 1906 (ThLmty-fdm·th Statutes at Large, .pgge ' L7), and by H1é;Act of March 28, 1912- (Thirty-seventln Statutes e former Fezt Hall Indian Reservation: Provided, ,'1’hat new nd shall be sold at less thdd the price fixed by the ldw opening ` ,e lands to hemestemlentry. (May 19, 1926, c. 337, 41 Stat. 6-) . ‘ ·°,   l 1 , New seetlexn. V . ‘_ .   _ ° "4ct ’* should be txrnnalated *‘sectle¤." ` ¤"Beeretntio¤al " should pead " recx·eetlexml." e _ ¤*Se¢t1¢¤ 2455 61* the Revlaed Statutes, as amended, referred to in B text. ctmetituteg 9 1171 dt thisytltle in the Code.
 * lu·eugh appraisal or otherwise; subject to the same yrewrvatien
 * ·La1¥ge, page 77),** ere made applicable td the ceded lgmds eu