UNLAWFUL OCCUPANCY OF PUBLIC

LANDS

An Act To prevent unlawful occupancy of the public lands

lic lands with

unlawful.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all inclosures of any public lands in any State Inclosure of pubor Territory of the United States, heretofore or to be out title declared hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto, by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are hereby declared to be unlawful, and the main- Maintenance of tenance, erection, construction, or control of any such inclosure forbidinclosure is hereby forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, without title proand hereby prohibited. (U. S. C., title 43, sec. 1061.) hibited.

den.

Assertion of right

institute civil

SEC. 2. That it shall be the duty of the District Attor- United States disney of the United States for the proper district, on affi- trict attorneys to davit filed with him by any citizen of the United States suits. that section one of this Act is being violated, showing a description of the land inclosed with reasonable certainty, not necessarily by metes and bounds, nor by Governmental sub-divisions of surveyed lands, but only so that the inclosure may be identified, and the persons guilty of the violation as nearly as may be, and by description, if the name can not on reasonable inquiry be ascertained, to institute a civil suit in the proper United States district or circuit court, or territorial district court, in the name of the United States, and against the parties named or described who shall be in charge of or controlling the inclosure complained of as defendants; and jurisdiction is also hereby conferred on any United States district or circuit court or territorial district court having jurisdic- courts. tion over the locality where the land inclosed, or any part thereof, shall be situated, to hear and determine proceedings in equity, by writ of injunction, to restrain violations

Jurisdiction of

Such cases to have precedence.

of the provisions of this Act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employé having charge or control of the inclosure; and any suit brought under the provisions of this section shall have precedence for hearing and trial over other cases on the civil docket of the court, and shall be tried and determined at the earliest practicable day. In any case if the inclosure shall be found to be unlawful, the court shall make the proper order, judgment, or decree for the deSummary judg- struction of the inclosure, in a summary way, unless the inclosure shall be removed by the defendant within five days after the order of the court. (U. S. C., title 43, sec. 1062.)

ments.

Settlement and transit not to be obstructed.

Alternative penalty.

Inclosures to be removed.

Inclosures of less than 160 acres.

Pending suits not affected.

SEC. 3. That no person by force, threats, intimidation, or by any fencing or inclosing, or any other unlawful means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit ever or through the public lands: Provided, This section shall not be held to affect the right or title of persons, who have gone upon, improved or occupied said lands under the land laws of the United States, claiming title thereto, in good faith. (U. S. C., title 43, sec. 1063.)

SEC. 4. As amended by the act of March 10, 1908, 35 Stat. 40.1-That any person violating any of the provisions hereof, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding one thousand dollars or be imprisoned not exceeding one year, or both, for each offense. (U. S. C., title 43, sec. 1064.)

SEC. 5. That the President is hereby authorized to take such measures as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or military force as may be necessary for that purpose. (U. S. C., title 43, sec. 1065.)

SEC. 6. That where the alleged unlawful inclosure includes less than one hundred and sixty acres of land, no suit shall be brought under the provisions of this Act without authority from the Secretary of the Interior. (U. S. C., title 43, sec. 1066.)

SEC. 7. That nothing herein shall affect any pending suits to work their discontinuance, but as to them hereafter they shall be prosecuted and determined under the provisions of this Act.

Approved, February 25, 1885 (23 Stat. 321).

WATER HOLES

An Act Providing for the discovery, development, and protection of streams, springs, and water holes in the desert and arid public lands of the United States, for rendering the same more readily accessible, and for the establishment of and maintenance of signboards and monuments locating the same

water holes on

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and empowered, in his discretion in so far as the authorization made herein will permit, to discover, develop, protect, and render more accessible for Development of the benefit of the general public, springs, streams, and public lands. water holes on arid public lands of the United States; and in connection therewith to erect and maintain suitable and durable monuments and signboards at proper Erection of places and intervals along and near the accustomed lines signboards. of travel and over the general area of said desert lands, containing information and directions as to the location and nature of said springs, streams, and water holes, to the end that the same may be more readily traced and found by persons in search or need thereof; also to provide convenient and ready means, apparatus, and appli- Means of utiliz ances by which water may be brought to the earth's surface at said water holes for the use of such persons; also to prepare and distribute suitable maps, reports, and Distribution of general information relating to said springs, streams, and water holes, and their specific location with reference to lines of travel. (U. S. C., title 43, sec. 361.)

ing.

information.

malicious inju

ries.

SEC. 3. That whoever shall willfully or maliciously in- Punishment for jure, destroy, deface, or remove any of said monuments or signposts, or shall willfully or maliciously fill up, render foul, or in anywise destroy or impair the utility of said springs, streams, or water holes, or shall willfully or maliciously interfere with said monuments, signposts, streams, springs, or water holes, or the purposes for which they are maintained and used, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (U. S. C., title 43, sec. 362.)

SEC. 4. That the Secretary of the Interior is hereby Regulations. authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this Act into full force and effect. (U. S. C., title 43, sec. 363.)

Approved, August 21, 1916 (39 Stat. 518).

11992-31- -48

747

WATER POWER

Cross references: See subtitle "Lease or Sale of Surplus Power," p. 533, and "Boulder Canyon Project Act," p. 557, under "Reclamation; "Reservoir Sites," p. 615; "Rights of Way," p. 626; subtitle "School Land Grants," under State Grants," pp. 646, 664.

FEDERAL WATER POWER ACT 1

An Act To create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto, and to repeal section 18 of the river and harbor appropriation Act, approved August 8, 1917, and for other purposes

Federal Water

Vol. 41, p. 1063,

Commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission is hereby created and established, Power Act. to be known as the Federal Power Commission (herein- amended. after referred to as the "commission ") which shall be Federal Power composed of five commissioners who shall be appointed by the President, by and with the advice and consent of the Creation and Senate, one of whom shall be designated by the President composition of. as chairman and shall be the principal executive officer of pointed by Presi the commission: Provided, That after the expiration of Proviso. the original term of the commissioner so designated as ceeding chairchairman by the President, chairmen shall be elected by men. the commission itself, each chairman when so elected to act as such until the expiration of his term of office.

Chairman of, ap

dent.

Election of suc

Tenure.

missioners.

The commissioners first appointed under this section, Terms of comas amended, shall continue in office for terms of one, two, three, four, and five years, respectively, from the date of successors. this section, as amended, takes effect, the term of each to Exception. be designated by the President at the time of nomination. Their successors shall be appointed each for a term of five years from the date of the expiration of the term for

This is the Federal power act of June 10, 1920 (41 Stat. 1063), as amended by the act of June 23, 1930 (46 Stat. 797), entitled "An Act to reorganize the Federal Power Commission."

Provision for the functioning of the present Federal Power Commission until the reorganization of the new commission and the effective date of the reorganization was contained in sec. 3 of the 1930 act as follows:

"SEC. 3. Notwithstanding the provisions of section 1 of this Act the Federal Power Commission as constituted upon the date of the approval of this Act shall continue to function until the date of the reorganization of the commission pursuant to the provisions of such section. The commission shall be deemed to be reorganized upon such date as three of the commissioners appointed as provided in such section 1 have taken office, and no such commissioner shall be paid salary for any period prior to such date." The Federal water power act, as amended by the act of June 23, 1930, was declared to remain effective by sec. 4 of the latter act in the following language:

"SEC. 4. This Act shall be held to reorganize the Federal Power Commission created by the Federal Water Power Act, and said Federal Water Power Act shall remain in full force and effect, as herein amended, and no regulations, actions, investigations, or other proceedings under the Federal Water Power Act existing or pending at the time of the approval of this Act shall abate or otherwise be affected by reasons of the provisions of this Act."