allowance to ci outside United SEC. 5. Civilian officers and employees of the depart- Actual expense ments and establishments while traveling on official busi- vilians traveling ness beyond the limits of the continental United States States. shall be allowed their actual expenses in an amount to be prescribed by the heads of departments and establishments not to exceed an average of $8 per day during the travel, exclusive of absence on leave. within continen Actual expenses and per diem allowance under this Rates for travel section for any travel performed within the limits of tal United States. continental United States shall be in accordance with the rates prescribed in sections 3 and 4 of this Act. U. S. C., 3d supp., title 5, sec. 825.) penses. SEC. 6. The heads of departments and establishments Per diem instead may prescribe a per diem allowance of not to exceed $7, in of actual exlieu of the actual expenses authorized by section 5. (U. S. C., 3d supp., title 5, sec. 826.) promulgated. SEC. 7. The allowance and payment of actual expenses Regulations to be and the fixing and payment of per diem allowance, or portions thereof, shall be in accordance with regulations which shall be promulgated by the heads of departments and establishments and which shall be standardized as far as practicable and shall not be effective until approved by the President of the United States. (U.S. C., 3d supp., title 5, sec. 827.) SEC. 8. The heads of departments and establishments, Advances perunder regulations which shall be prescribed by the Secre-mitted to persons tary of the Treasury for the protection of the United States, may advance through the proper disbursing officers from applicable appropriations to any person entitled to actual expenses or per diem allowance under this Act such sums as may be deemed advisable considering the character and probable duration of the travel to be performed. Any sums so advanced shall be recovered from the person to whom advanced, or his estate, by deduction from any amount due from the United States or by such other legal method of recovery as may be necessary. (U. S. C., 3d supp., title 5, sec. 828.) Recovery. cation of incon SEC. 9. All laws or parts of laws which are inconsistent Repeal or modifiwith or in conflict with the provisions of this Act except sistent laws. such laws or parts of law as specially fix or now permit rates higher than the maximum rates established in this Act are hereby repealed or modified only to the extent of such inconsistency or conflict. (U. S. C., 3d supp., title 5, sec. 829.) 1926. Increases not to incur deficiency. SEC. 13. This Act shall take effect on July 1, 1926, but Effective July 1, any increases deemed necessary to be made in the rates of actual expenses or per diem allowance under the authority of this Act shall not be authorized by heads of departments and establishments to the extent of incurring a deficiency in appropriations available for the payment thereof during the fiscal year 1927. (U. S. C., 3d supp., title 5, sec. 833.) Approved, June 3, 1926 (44 Stat. 698). DESERT LANDS Cross references: See "Bounty Land Warrants," p. 74; " Carey Act," pp. 77-86; subtitles "Affidavits, Oaths, etc.," " Confirmation," "Contests," and " Military Service," under "Homesteads," pp. 195, 200, 201, 217; "Lieu Selections," p. 305; subtitles "Relief of Desert-Land Entrymen on Reclamation Projects," "Partial Assignments of Desert-Land Entries," "Patents and Final WaterRight Certificates," and "Taxation of Homestead and DesertLand Entries," under Reclamation," pp. 520, 525, 527, 528. 66 GENERAL PROVISIONS OF THE DESERT LAND LAWS 2 be purchased. water. Be it enacted by the Senate and House of Represen tatives of the United States of America in Congress assembled, That it shall be lawful for any citizen of the Desert land may United States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such" and upon payment of twenty-five cents per acre-to file a declaration under Declaration. oath with the register and the receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section,1 by conducting water upon the same, within the period of three years thereafter: Provided, however, That the right to the use of water by the person so con- Right to use ducting the same, on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and Water on public all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said Contents of section of land if surveyed. and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing Perfection of said declaration, upon making satisfactory proof to the title. register and receiver of the reclamation of said tract of 1 Limited to 320 acies by act of Mar. 3, 1891 (26 Stat. 1095), p. 109. See also act of Aug. 30, 1890 (26 Stat. 391), under" Homesteads," p. 194. 2 Time extended to four years by act of Mar. 3, 1891 (26 Stat. 1095), p. 109, and may be further extended. See subtitle "Extensions of Time for Submission of Final Proof," p. 111. * Restricted to surveyed lands by act of Mar. 28, 1908 (35 Stat. 52), p. 110. 11992-31- -8 lands to be free. declaration. 107 land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same shall be Limit to quantity issued to him: Provided, That no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres, which shall be in compact form. (U. S. C., title 43, sec. 321.) of land purchaseable. Desert lands defined. Localities in which act to apply.. Vol. 19, p. 377. Plan of proposed irrigation. Association. Minimum ex quire patent. SEC. 2. That all lands exclusive of timberlands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this Act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. (U. S. C., title 43, sec. 322.) SEC. 3. That this Act shall only apply to and take effect in the States of California, Oregon, and Nevada, and in the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota,* and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. (U. S. C., title 43, secs. 322 and 323.) Approved, March 3, 1877 (19 Stat. 377). An Act To repeal timber-culture laws, and for other purposes * * * SEC. 2. That an Act to provide for the sale of desert lands in certain States and Territories, approved March third, eighteen hundred and seventy-seven, is hereby amended by adding thereto the following sections: SEC. 4. That at the time of filing the declaration hereinbefore required the party shall also file a map of said land, which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural crops, and shall also show the source of the water to be used for irrigation and reclamation. Persons entering or proposing to enter separate sections, or fractional parts of sections, of desert lands may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improvements. (U. S. C., title 43, sec. 327.) "SEC. 5. That no land shall be patented to any person penditure to ac under this Act unless he or his assignors shall have expended in the necessary irrigation, reclamation, and cultivation thereof, by means of main canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of Extended to Colorado by sec. 8 of the act of Mar. 3, 1891 (26 Stut. 1095), p. 110. amount. the same, at least three dollars per acre of whole tract reclaimed and patented in the manner following: Within Distribution of one year after making entry for such tract of desert land as aforesaid, the party so entering shall expend not less than one dollar per acre for the purposes aforesaid; and he shall in like manner expend the sum of one dollar per acre during the second and also during the third year thereafter, until the full sum of three dollars per acre is proof. so expended. Said party shall file during each year with the register, proof, by the affidavits of two or more credible witnesses, that the full sum of one dollar per acre has been expended in such necessary improvements during such year, and the manner in which expended, and at the expiration of the third year a map or plan showing Forfeiture. the character and extent of such improvements. If any party who has made such application shall fail during any year to file the testimony aforesaid, the lands shall revert to the United States, and the twenty-five cents advanced payment shall be forfeited to the United States, and the Earlier reclamaentry shall be canceled. Nothing herein contained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of three dol- Proof of cultiva lars per acre: Provided, That proof be further required of the cultivation of one-eighth of the land. (U. S. C., title 43, sec. 328.) tions. tion. Valid rights not "SEC. 6. That this Act shall not affect any valid rights affected. heretofore accrued under said Act of March third, eighteen hundred and seventy-seven, but all bona fide claims heretofore lawfully initiated may be perfected, upon due compliance with the provisions of said Act, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this Act had not been passed; or said claims, at the option of the claimant, may be perfected and patented under the provisions of said Act, as amended by this Act, so far as applicable; and all Acts and parts of Acts in conflict with this Act are hereby repealed. Patents to issue "SEC. 7. That at any time after filing the declaration, on proof within and within the period of four years thereafter, upon four years. making satisfactory proof to the register and the receiver of the reclamation and cultivation of said land to the extent and cost and in the manner aforesaid, and substantially in accordance with the plans herein provided for, and that he or she is a citizen of the United States, and upon payment to the receiver of the additional sum Additional payof one dollar per acre for said land, a patent shall issue therefor to the applicant or his assigns; but no person or association of persons shall hold, by assignment or otherwise prior to the issue of patent, more than three hundred and twenty acres of such arid or desert lands; but this section shall not apply to entries made or initiated prior ment. Limit of area. |