Chapter 47. Authorizing local drainage districts to drain certain public lands in the State of Arkansas, counties of Mississippi and Poinsett, and subjecting said lands to taxation
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CHAP. 47.— An Act Authorizing local drainage districts to drain certain public lands in the State of Arkansas, counties of Mississippi and Poinsett, and subjecting said lands to taxation. January 17, 1920. [[H. R. 3175](/us/bill/66/hr/3175).] [[Public, No. 119](/us/pl/66/119).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Public lands.Arkansas drainage laws applicable to. That all of those unentered, unreserved public lands, and all of those entered lands for which no final certificates have been issued, within the areas hereinafter described, are hereby made and declared to be subject to the laws of the State of Arkansas relating to the organization, government, and regulation of drainage districts to the same extent and in the same manner, except as hereinafter provided, in which lands held *Proviso*.Rights, etc., in Mississippi and Poinsett Counties.under private ownership are or may be subject to said laws: *Provided*, That the United States and all persons legally holding unpatented lands under entries made under the public-land laws of the United States shall be accorded all the rights, privileges, and benefits given by said laws to persons holding lands in private ownership, said lands being those public lands in Mississippi County, Arkansas, m townships fourteen, fifteen, and sixteen north, range nine east, and townships fifteen and sixteen north, range ten east, fifth principal meridian, according to the official surveys thereof approved October 12, 1915, and all of those unentered public lands, and all of those entered lands for which no final certificates have been issued in Poinsett County, Arkansas, in townships eleven and twelve north, range six east, fifth principal meridian, according to the official surveys thereof approved July 30, 1913.
Sec. 2. Drainage works under State laws authorized. That the construction and maintenance of canals, ditches, levees, and other drainage works upon and across the lands subject to the operation of this Act are hereby authorized, subject to the same conditions as are imposed by the laws of the State of Arkansas Apportionment of costs, etc.upon lands held in private ownership, and that the cost of construction and maintenance of canals, ditches, levees, and other drainage works incurred in connection with any drainage project under said laws shall be equitably apportioned among all lands held in private Certificates of assessments to land officers.ownership, all unentered public lands, and all lands embraced in unpatented entries affected by such project.
Officially certified lists showing the amount of charges assessed against each smallest 393legal subdivision of such lands shall be furnished to the register and receiver of the United States land office of the district in which the lands affected are situated as soon as said charges would become a lien if the lands were held in private ownership. Sec. 3. Enforcement of charges. That all charges legally assessed pursuant to the drainage laws of the State of Arkansas by a drainage district against any unentered public lands, or against any lands embraced in unpatented entries, subject to the provisions of this Act, shall be a lien upon said lands, which may be enforced by sale in the same manner and subject to the same conditions, except as hereinafter set forth, under which said charges shall be enforced against lands held in private ownership, and whenever any of said lands shall be sold for nonpayment of suchCertificates of receipts from sales, etc., for nonpayment. charges, inclusive of lands bid in for a drainage district, a statement showing the name of the purchaser, the price at which each legal subdivision was sold, the amount assessed against it, together with penalties and interest, if any, and the cost of the sale, and the amount of excess, if any, over and above all lawful assessment charges and the cost of sale, shall be officially certified to the register and receiver of the United States land office of the district in which the lands are situated immediately after the completion of such sale, but nothing in thisNo liability of United States therefor.
Act shall be construed as creating any obligation on the United States to pay any of said charges. Sec. 4. That all moneys received from the sale of entered orMoneys in excess of assessment to be covered into the Treasury. unentered lands subject to the operation of this Act which shall be in excess of assessments due thereon, together with penalties and interest and the costs of the sales, shall be paid by the proper county officer to the receiver of the United States land office of the district in which the lands are situated, and such excess moneys shall be covered into the United States Treasury as proceeds from the sales of public lands.
Sec. 5. That at any time within ninety days after the sale ofUnentered lands.Patent to purchaser if not redeemed.. unentered public lands and at any time within ninety days after the expiration of the period of redemption provided for in the drainage laws under which the lands are sold, no redemption having been made, after the sale of lands embraced within unpatented entries, the purchaser at such sale, a drainage district being herein expressly excepted from the operation of this provision, shall, upon the filing of an application therefor and an affidavit containing proof of necessary qualifications with the register and receiver of the United States land office, and upon payment to the receiver of the price of $5 perFees, etc., to be paid. acre, together with the usual fees and commissions charged in entry of lands under the homestead laws, be entitled to receive a patent: *Provided*, That such purchaser shall have the qualifications required*Proviso*.Homestead requirements. in making entry of lands under the homestead laws, and any such purchase shall exhaust any further homestead right of the purchaser to the extent of the amount of lands thus purchased by him.
Not more than one hundred and sixty acres of such lands shall be sold and patented to any one purchaser under the provisions of this Act. This limitation shall not apply to lands subject to the operation ofDrainage districts excepted. this Act which may be bid in for a drainage district, but no patent shall be issued to a drainage district or to any one bidding in said lands for a drainage district. The proceeds derived by the GovernmentDeposit of proceeds. shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands.
Sec. 6. That unless the purchaser shall, within the time specifiedSubrogation of rights if purchaser fails to make homestead application. in section 5 of this Act, file with the register and receiver of the United States land office an application for a patent, together with the required affidavit, and make payment of the purchase price, fees, and commissions as provided in said section 5, any person having the qualifications of an entryman under the homestead laws may file an 394application for a patent, together with the required affidavit, and upon Payments required.payment to the receiver of the purchase price of $5 per acre, fees, and commissions, and in addition thereto an amount equal to the drainage charges, penalties, interest, and costs for which the lands were sold, and if the lands were bid in for the drainage district, an additional amount equal to 6 per centum per annum on the sum for which the lands were sold from the date of such sale, said applicant shall become subrogated to the rights of such purchaser and shall be entitled to receive a patent for not more than one hundred and Repayment to first purchaser.sixty acres of said lands.
When payment is made to effect subrogation as herein provided the register and receiver of the United States land office shall serve notice upon the purchaser that an application for patent for the lands purchased by him has been filed, and that the amount of the drainage charges, penalties, interests, and costs of the sale will be paid to him upon submission of proof of purchase and payment by him of said sums. The receiver shall make such To drainage district.payment as soon as said requirement shall have been fulfilled.
If the lands were bid in for a drainage district, the receiver will pay to the proper county officers the amount of the drainage charges, penalties, and interests and costs of sale, together with the additional sum of 6 per centum per annum, to which said drainage district is entitled. Deposit of balance.All remaining moneys to which the United States may be entitled shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands.
Sec. 7. Drainage laws notices to be filed in district land office. That a copy of all notices required by the drainage laws of the State of Arkansas to be given to the owners and occupants of lands held in private ownership shall, as soon as such notice is issued, be delivered to the register and receiver of the United States land office of the district in which the lands are situated where any of the lands subject to the operation of this Act are affected, and the United States Rights of entrymen.and the entryman claiming under the public land laws of the United States shall be accorded the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise, as are given to persons holding lands in private ownership, and all entrymen shall be given the same rights of redemption as are given to the owners of land held in private ownership.
Sec. 8. Effect on pending suits- That this Act shall not be effective as to any lands involved in suits instituted on behalf of the United States with a view to quieting title in the Government to such lands until and unless such suits shall be finally determined in favor of the United States. Approved, January 17, 1920.