Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1902-07-23

be IL Enacted Dy LDe OeDdle duu
House OF Representative of Ameri-
! ca in Congress Assembled:
That all moneys received from the
sale and disposal Of public lands in
| Arizona, California, Colorado, Idaho,
Kansas, Montana, Nebraska, Nevada,
New Mexico, North Dakota, Oklaho-
ma, Oregon, South Dakota, Utah,
Washington and Wyoming, beginning
with the fiscal year ending June 30,
1901, including the surplus of fees and
commissions in excess of allowances
| to registers and receivers, and except
ing the five per centum of the pro-
ceeds Of the sales Of public lands in
the above states set aside by law for
! educational and other purposes, shall
be, and the same are hereby, reserved,
set aside and appropriated as special
fund in the treasury to be known as
the reclamation fund.- - to be used in
| the examination and survey for the
| construction and maintenance of irri-
| CATION works for the storage, diversion
and developemcntO of waters for the rec
lamatiOn of arid and Semi-arid lands
in the said states and territories, and
for the payment of all other expendi-
lures provided for in this act, pro-
vided, that in case the receipts from
the sale and disposal of public lands
other than those realized from the sale
and disposal of lands referred to in
this section are insufficient to meet
81, 1iVoF for no nf
agricultural colleges in the several
states and territories, under the act
OF August 30, 1899, entitled: "An act
to apply a portion Of the proceeds Of
the public lands to the more complete
endowment and support of the colleges
for the benefit Of agriculture and the
mechanic arts, established under the
provisions of an act of Congress ap-
proved July 2, 1882" the deficiency,
if any, in the sum necessary for the
support of the said colleges shall be
provided for from any moneys in the
treasury not otherwise appropriated.
Sec. 2. That the secretary of the
interior is hereby authorized and di-
rected to make examinations and sur
veys for, and to locate and construct,
as herein provided, irrigation works
for the storage, diversion, and devel-
opment of waters, including arteSian
wells, and to report to Congress at
the beginning of each regular session
as to the results af such examinations
and surveys, giving estimates of cost
of all contemplated works, the guam
thy and location Of the lands which
can be irrigated therefrom, and all
facts relative to the practicability of
each irrigation project; also the cost
Of works in process of construction as
we'll as of those which have been com
pleted.
Sec. 3. That the secretary of the
interior shall, before giving the public
notice provided for in section of this
act, withdraw from public entry the
lands required for any irrigation
works contemplated under the pro-
visions of this act, and shall restore to
public entry any of the lands so with
drawn when, in his judgment, such
lands are not required for the purposes
of this act; and the secretary of the
interior is hereby authorized, at or
! Immediately prior to the time of be-
ginning the surveys for CONT N plated
irrigation works, to withdraw from
entry, excepting under the homestead
laws, any public lands believed to be
susceptible of irrigation from said
works; provided, that all lands entered
and entries made under the home
stead laws within area so withdrawn
dnring such withdrawal shall be sub
ject to all the provisions, limitations,
charges, terms and conditions of this
act; that said SURVEYS shall be prose
cuted diligently to completion, and
upon the completion tn ereOf, and of
the necessary maps, plans and eSti-
mates Of cost, the secretary of the in
terror shall determine whether or not
said project is practicable and adViS-
able, and if determined to be imprac-
ticable or unadviSable he shall there
upon restore said lands to entry; that
public lands which it is proposed to
irrigate by means of any contemplated
works shall be subject to entry only
under the provisions of the homestead
laws in tracts Of not less than forty
nor more than 100 acres. and shall be
subject to the limitations, charges,
terms and conditions herein provic ed:
Provided that the Communication pro-
visions of the homestead laws shall
not apply to entries made under this
act.
Sec. 4. That upon the determi-
nation by the secretary of the interior
that any irrigation project is practi-
cable, he may cause to be let contracts
tor the construction of the same, in
whole or in part, providing the neces-
sary funds therefor are available in