1906 



FORESTRY AND IRRIGATION 



273 



not less than ten nor more than one 

 hundred and sixty acres. That 

 wherever it may be necessary, for the 

 purpose of accurate description, to 

 further subdivide lands to be irrigated 

 under the provisions of said Recla- 

 mation Act, the Secretary of the In- 

 terior may cause subdivision surveys 

 to be made by the officers of the recla- 

 mation service, which subdivisions 

 shall be rectangular in form, except in 

 cases where irregular subdivisions 

 may be necessary in order to provide 

 for practicable and economical irriga- 

 tion. Such subdivision surveys shall 

 be noted upon the tract books in the 

 General Land Office, and they shall 

 be paid for from the reclamation 

 fund : Provided, That an entryman 

 may elect to enter under said Recla- 

 mation x\ct a lesser area than the mini- 

 mum limit in any State or Territory. 



Sec. 2. That wherever the Secretary 

 of the Interior, in carrying out the 

 provisions of the Reclamation Act, 

 shall acquire by relinquishment lands 

 covered by a bona fide unperfected 

 entry under the land laws of the 

 United States, the entryman upon 

 such tract may make another and ad- 

 ditional entry, as though the entry 

 thus relinquished had not been made. 



Sec 3. That any town site hereto- 

 fore set apart or established by proc- 

 lamation of the President, under the 

 provisions of sections 2380 and 2381 

 of the Revised Statutes of the United 

 States, within or in the vicinity of any 

 reclamation project, may be appraised 

 and disposed of in accordance with 

 the provisions of the Act of Congress 

 approved April 16, 1906, entitled "An 

 Act providing for the withdrawal 

 from public entry of lands needed for 

 town-site purposes in connection with 

 irrigation projects under the Recla- 

 mation Act of June 17, 1902, and for 

 other purposes ;" and all necessary ex- 

 penses incurred in the appraisal and 

 sale of lands embraced within any 

 such town site shall be paid from the 

 reclamation fund, and the proceeds of 

 the sales of such lands shall be covered 

 into the reclamation fund. 



Sec. 4. That in the town sites of 

 Heyburn and Rupert, in Idaho., 

 created and surveyed by the Govern- 

 ment, on which town sites settlers 

 have been allowed to establish them- 

 selves, and had actually established 

 themselves prior to March 5, 1906, in 

 permanent buildings not easily moved, 

 the said settlers shall be given the 

 right to purchase the lots so built upon 

 at an appraised valuation for cash, 

 such appraisement to be made under 

 rules to be prescribed by the Secre- 

 tary of the Interior. 



Providing that the limitation on the 

 size of town sites contained in the act 

 of April 16, 1906, entitled 'An Act 

 providing for the withdrawal from 

 public entry of lands needed for town- 

 site purposes in connection with irri- 

 gation projects under the Reclamation 

 Act of June 17, 1902, and for other 

 purposes," shall not apply to the town 

 sites named in this section and when- 

 ever, in the opinion of the Secretary 

 of the Interior, it shall be advisable for 

 the public interest, he may withdraw 

 and dispose of town sites in excess of 

 160 acres under the provisions of the 

 aforesaid act approved April 16, 1906. 

 and reclamation funds shall be avail- 

 able for the payment of all expenses 

 incurred in executing the provisions 

 of this act, and the aforesaid act of 

 April 16, 1906, and the proceeds of all 

 sales of town sites shall be covered 

 into the reclamation fund. 



Sec. 5. That where any bona fide 

 desert-land entry has been or may be 

 embraced within the exterior limits 

 of any land withdrawal or irrigation 

 project under the Act entitled "An 

 Act appropriating the receipts from 

 the sale and disposal of public lands 

 in certain States and Territories to the 

 construction of irrigation works for 

 the reclamation of arid lands," ap- 

 proved June 17, 1902, and the desert- 

 land entryman has been or may be 

 directly or indirectly hindered, de- 

 layed, or prevented from making im- 

 provements or from reclaiming the 

 land embraced in any such entry by 

 reason of such land withdrawal or ir- 



