ACTS OF CONGRESS 349 



LANDS WITHDRAWN. SECS. 612-613 



Cited : 172 Fed. 615 ; 179 Fed. 1 ; 196 Fed. 569 ; 31 Land Dec. 420 ; 32 



L. D. 6, 237, 254, 387, 417, 473, 537, 604, 647; 33 L. D. 38, 105, 183, 257, 



350, 389, 41T>, r2i>, 564, 607; 34 L. D. 17, 66, 156, 186, 312, 347, 445, 482, 



544, 567, 633; 35 L..D. 57, 112, 216, 250, 684; 36 L. D. 131, 256, 332, 449, 540; 



37 L. D. 6, 27, 152, 323, 362, 429, 468, 581, 698, 719; 38 L. D. 146, 233, 349, 



589 ; 39 L. D. 2, 48, 197, 297, 432, 526, 572 ; 40 L. D. 45, 97, 138. 234. 265, 

 489, 504, 616. 



SEC. 612. INVESTIGATION OF PROJECTS. 



The Secretary of the Interior is hereby authorized and directed to 

 make examinations and surveys for, and to locate and construct, as 

 herein provided, irrigation works for the storage, diversion, and develop- 

 ment of waters, including artesian wells, and to report to Congress, 

 at the beginning of each regular session as to the results of such 

 examinations and surveys, giving estimates of cost of all contemplated 

 works, the quantity and location of the lands which can be irrigated 

 therefrom, and all facts relative to the practicability of each irriga- 

 tion project; also the cost of works in process of construction as well 

 as of those which have been completed. (Act June 17, '02; 32 Stat. 

 L., p. 388, sec. 2; 7 Fed. Stat. Ann., p. 1088; Comp. Stat., '03 Supp., p. 

 218.) 



Waters withdrawn from appropriation pending such examination : sec. 387, 

 ante. 



Cited: 199 Fed. 865. 



SEC. 613. LANDS IN PROJECT WITHDRAWN FROM ENTRY. 



The Secretary of the Interior shall, before giving the public notice 

 provided for in the next following section, withdraw from public entry 

 the lands required for any irrigation works contemplated under the pro- 

 visions of this chapter, and shall restore to public entry any of the lands 

 so withdrawn when, in his judgment, such lands are not required for the 

 purposes of this chapter; and the Secretary of the Interior is hereby 

 authorized, at or immediately prior to the time of beginning the sur- 

 veys for any contemplated irrigation works, to withdraw from entry, 

 except under the homestead laws, any public lands believed to be 

 susceptible of irrigation from said works: Provided, That all iands 

 entered and entries made under the homestead laws within areas so 

 withdrawn during such withdrawal shall be subject to all the pro- 

 visions, limitations, charges, terms and conditions of this chapter; 

 that said surveys shall be prosecuted diligently to completion and 

 upon the completion thereof, and of the necessary maps, plans, and 

 estimates of costs, the Secretary of the Interior shall determine 

 whether or not said project is practicable and advisable, and if de- 

 termined to be impracticable and inadvisable he shall thereupon re- 

 store 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 one hundred and sixty acres, and shall be 

 subject to the limitations, charges, terms and conditions herein 



