Chapter 209. To restore to the public domain certain lands heretofore reserved for a bird reservation in Siskiyou and Modoc Counties, California, and Klamath County, Oregon, and for other purposes
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CHAP. 209.— An Act To restore to the public domain certain lands heretofore reserved for a bird reservation in Siskiyou and Modoc Counties, California, and Klamath County, Oregon, and for other purposes. May 27, 1920. [[H. R. 8440](/us/bill/66/hr/8440).] [[Public, No. 226](/us/pl/66/226).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary of thePublic lands.Lands in California and Oregon uncovered by Klamath irrigation project restored to the public domain.Ceded by California.
Interior be, and he hereby is, authorized and directed to determine and make public announcement of what lands in and around Little or Lower Klamath Lake, in Siskiyou County, California, and in Klamath County, Oregon, ceded to the United States by the State of California by the Act entitled “An Act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also ceding to the United States all right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed, of by the State,” and ceded to the United States by the State of Oregon by anBy Oregon.
Act entitled “An Act to authorize the utilization of Upper Klamath Lake, Lower or Little Klamath Lake, and Tule or Rhett Lake, situate in Klamath County, Oregon, and Goose Lake, situate in Lake County, Oregon, in connection with the irrigation and reclamation operations628of the Reclamation Service of the United States, and to cede to the United States all the right, title, interest, and claim of the State of Oregon to any and all lands recovered by the lowering of the water levels or by the drainage of any or all of said lakes,” will eventually be uncovered and opened to agricultural development by the lowering Restricted to homestead entry.of the water level of said lake.
Title to all said lands can be acquired by homestead entry under the general homestead laws and the provisions *Proviso*.Reservation for irrigation purposes.of this Act and not otherwise: *Provided*, That all said lands shall forever be and remain subject to the right of the United States
(a)to overflow the same or any part thereof for the purposes of irrigation by such systems of reservoirs and drainage and diking as now actually exist or may be hereafter constructed in Siskiyou County, California, and Klamath County, Oregon, and
(b)to drain the water Patents to reserve irrigation, mineral, etc., rights.therefrom. All patents issued for the said lands shall expressly reserve to the United States such right of overflow and drainage, and the title and ownership of all minerals and mineral interests in such lands, including oil, are expressly reserved to the United States. Sec. 2. Assessment of irrigation charges. That the Secretary of the Interior shall also determine and make public announcement of the proportionate part of the sum of $283,225, heretofore expended from the reclamation fund in connection with the Klamath project, Oregon-California, that in the opinion of the Secretary of the Interior each acre of the said land should be assessed, and the proportionate part that each acre of privately owned land, similarly situated to the said lands hereby affected, should be assessed, to return to said reclamation fund in all the said sum of $283,225. Sec. 3. Survey, etc., directed. That the Secretary of the Interior be, and he is hereby, authorized and directed to cause said lands to be surveyed and opened to entry under the general homestead laws and the provisions *Proviso*.Opening subject to arrangement for paying irrigation charges.of this Act: *Provided*, That none of said lands shall be opened to entry until the Secretary of the Interior shall have first made arrangement with the owners of lands in private ownership, similarly situated to the lands hereby affected, for the payment into the reclamation fund of the proportionate part of the sum of $283,225, determined and apportioned by the Secretary of the Interior against said privately owned lands as provided in section 2. Sec. 4. Assessment for irrigation charges. That in addition to all payments required by the general homestead laws there shall be paid, by homestead entrymen the amount per acre assessed as provided in section 2 of this Act. Said payment shall be made in annual installments of $1 per acre, except *Proviso*.Mode of payment.the last installment, which may be a fraction of a dollar: *Provided*, That the whole or any part of the amount so assessed may be paid by the entryman in a shorter period if he so elects. The first installment shall be paid at the time homestead application is filed and subsequent installments shall be due and payable on December 1 of each calendar year thereafter until the entire sum so assessed and apportioned against the lands is paid, and patent shall not issue for any of said lands until the sum so apportioned against said lands Forfeiture for nonpayment.shall have been fully paid. Failure to pay any installment when due shall render the entry subject to cancellation, with a forfeiture of all Interest rate.moneys paid. All assessments shall draw interest at the rate of Moneys to be paid to reclamation fund.6 per centum per annum from their due date until paid. All moneys paid on account of such assessments shall, without diminution of any kind whatsoever, be covered into the reclamation fund. Sec. 5. Preference to persons who served in World War. That those who served in the military or naval forces of the United States during the war between the United States and Germany and have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve shall have preference and prior right to file upon and enter said lands under the homestead Time limit.laws and the provisions of this Act for a period of six months following629the time said lands are opened to entry. That in opening said lands for homestead entry the Secretary of the Interior shall provide for the disposition thereof to the said soldiers, sailors, and marines, by drawing, under general rules and regulations to be promulgated by him: *Provided*, That the rights and benefits conferred by this Act*Proviso*.Persons excluded. shall not extend to any person who, having been drafted for service under the provisions of the selective service Act, shall have refused to render such service or to wear the uniform of such service of the United States. Sec. 6. That no rights to make entry shall attach by reason ofRestriction on entry before time of opening. settlement or squatting upon any of the lands hereby restored before the hour on which such lands shall be subject to homestead entry at the land office, and until said lands are opened for settlement and entry as herein provided no person shall enter upon and occupy the same, and any person violating this provision shall never be permitted to enter any of said lands. Sec. 7. That the Secretary of the Interior shall determine whichKlamath Lake Bird Reservation.Opening, etc., of agricultural lands, within. of the lands now within the boundaries of the Klamath Lake Bird Reserve are chiefly valuable for agricultural purposes and which for the purpose of said reservation, and shall open to homestead entry those lands which are chiefly valuable for agricultural purposes: *Provided*, That the shore line of the lake, including the smallest legal*Proviso*.Reservation of lake shore line. subdivision of land adjoining the flow line, shall remain in the possession of the United States, but access may be provided to the lake for such canals as may be necessary for irrigation, drainage, and domestic water supply. Sec. 8. That the Secretary of the Interior is hereby authorized toRegulations, etc., to be prescribed. perform any and all acts and 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. Approved, May 27, 1920.