factory proof by certificate from the proper district or county officer that he has paid all charges then due to the district upon said land and also has paid to the proper district or county officer for the holder or holders of any tax certificates, delinquency certificates, or other proper evidence of purchase at tax sale the amount for which the said land was sold at tax sale, together with the interest and penalties thereon provided by law. (Aug. 11, 1916, ch. 319, $6, 39 Stat. 508; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

REFERENCES IN TEXT

The Reclamation Act of June 17, 1902 (32 Stat. 388), referred to in the text, is classified generally to this title. See Tables for distribution.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

References to "receiver" were changed to "register" by acts Oct. 28, 1921, and Mar. 3, 1925, and then to "officer designated by the Secretary of the Interior" by 1946 Reorg. Plan No. 3. See notes under former sections 1, 70, and 71 of this title.

§629. Delivery of notices required by State law; right to hearing, appeal, etc.

All notices required by the irrigation district laws mentioned in this chapter shall, as soon as such notices are issued, be delivered to the officer designated by the Secretary of the Interior of the proper land office in cases where unpatented lands are affected thereby, and to the entryman whose unpatented lands are included therein, and the United States and such entryman shall be given the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership, and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. (Aug. 11, 1916, ch. 319, § 7, 39 Stat. 509; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Words "officer designated by the Secretary of the Interior" were substituted for "register" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

$630. Disposition by Government of proceeds of land

sold.

All moneys derived by the United States from the sale of public lands referred to in this chapter shall

643.

644.

645.

646.

647.

Temporary withdrawal from settlement or entry.
Preference right to entrymen under State laws.
Additional arid lands available to Colorado, Idaho,
Nevada, and Wyoming for reclamation.
Grant extended to New Mexico and Arizona.

Grant extended to desert lands within part of former
Ute Indian Reservation in Colorado.

648. Extension of time of segregation and reclamation in Oregon segregation lists.

§ 641. Grant of desert land to States authorized.

To aid the public-land States in the reclamation of the desert lands therein, and the settlement, cultivation and sale thereof in small tracts to actual settlers, the Secretary of the Interior with the approval of the President is, as of August 18, 1894, authorized and empowered, upon proper application of the State to contract and agree, from time to time, with each of the States in which there may be situated desert lands as defined by the Act approved March 3, 1877, and the Act amendatory thereof, approved March 3, 1891, binding the United States to donate, grant, and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty acre tract cultivated by actual settlers, as thoroughly as is required of citizens who may enter under the desert-land law within ten years from the date of approval by the Secretary of the Interior of the State's application for the segregation of such lands; and if actual construction of reclamation works is not begun within three years after the segregation of the lands or within such further period not exceeding three years, as shall be allowed by the Secretary of the Interior, the said Secretary of the Interior, in his discretion, may restore such lands to the public domain; and if the State fails, within ten years from the date of such segregation, to cause the whole or any part of the lands so segregated to be so irrigated and reclaimed, the Secretary of the Interior may, in his discretion, continue said segregation for a period not exceeding five years, or may, in his discretion, restore such lands not irrigated and reclaimed to the public domain upon the expiration of the ten-year period or of any extension thereof.

Before the application of any State is allowed or any contract or agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated which shall exhibit a plan showing the mode of the 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, and the Secretary of the Interior may make necessary regulations for the reservation of the lands applied for by the States to date from the date of the filing of the map and plan of irrigation, but such reservation shall be of no force whatever if such map and plan of irrigation shall not be approved.

Any State contracting under this section is authorized to make all necessary contracts to cause the said lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but the State shall not be authorized to lease any of said lands or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation, and settlement.

As fast as any State may furnish satisfactory proof according to such rules and regulations as may be prescribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed, and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided, That said States shall not sell or dispose of more than one hundred and sixty acres of said lands to any one person, and any surplus of money derived by any State from the sale of said lands in excess of the cost of their reclamation, shall be held as a trust fund for and be applied to the reclamation of other desert lands in such State. (Aug. 18, 1894, ch. 301, § 4, 28 Stat. 422; Mar. 3, 1901, ch. 853, 31 Stat. 1188; Jan. 6, 1921, ch. 10, 41 Stat. 1085.)

REFERENCES IN TEXT

The Act approved March 3, 1877, and the Act amendatory thereof approved March 3, 1891, referred to in the text, are classified generally to this title. See Tables for distribution.

POPULAR NAME

This section is popularly known as the "Carey Act". CROSS REFERENCES

Entry upon unreserved public lands withdrawn or classified as coal lands or valuable as coal, see section 83 of Title 30, Mineral Lands and Mining.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 523, 595, 641a, 641c, 641d, 642, 643, 644, 645, 646 of this title; title 30 sections 83, 84.

§ 641a. Issuance of quitclaim deeds; patents for segregated lands.

The Secretary of the Interior shall issue quitclaim deeds to the public-land States for all lands patented to such States under section 641 of this title. He shall also issue a patent for all unpatented public lands within each State now segregated under that section for which the State issued final certificates or other evidence of right prior to June 1, 1953, or as to which equitable claims to the lands accrued prior to that date (by reason of cultivation or improvement of the lands for agricultural development purposes) for conveyance to the holders of such rights or claims, or to their heirs, successors, or assigns. (Aug. 13, 1954, ch. 727, § 1, 68 Stat. 703.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 641c, 641d of this title.

§ 641b. Filing of application for quitclaim deeds.

The Secretary shall not issue such quitclaim deeds or patents to any State, however, unless that State files a proper application for the transfer of these lands within three years after August 13, 1954. (Aug. 13, 1954, ch. 727, § 2, 68 Stat. 703.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641d of this title.

§ 641c. Requirements of application for quitclaim deed.

The application must include a list of all the lands which the State certifies should be transferred under the terms of section 641a of this title, the basis for the certification of each tract included, and a quitclaim or relinquishment of all right, title, and interest in the State to any and all other lands under section 641 of this title. Such quitclaim or relinquishment by the State shall not affect any private rights obtained from the State prior to Aug. 13, 1954. (Aug. 13, 1954, ch. 727, § 3, 68 Stat. 703.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641d of this title.

§ 641d. Effective date of quitclaim; administration of lands relinquished by States.

The quitclaim or relinquishment of all right, title, and interest by the State to any lands under sections 641a to 641d of this title shall not be effective until the Secretary has transferred the lands applied for under section 641 of this title. The Secretary shall provide for the administration and disposition under the public-land laws of the lands quitclaimed or relinquished by the States pursuant to sections 641a to 641d of this title. (Aug. 13, 1954, ch. 727, § 4, 68 Stat. 703.)

§ 642. Liens for expenses of reclamation.

Under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in section 641 of this title, a lien or liens is authorized to be created by the State to which such lands are granted and by no other authority whatever, and when created shall be valid on and against the separate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclamation and reasonable interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particular tract or tracts of such lands, then patents shall issue for the same to such State without regard to settlement or cultivation: Provided, That in no event, in no contingency, and under no circumstances shall the United States be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part. (June 11, 1896, ch. 420, § 1, 29 Stat. 434.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 644, 646 of this title.

§ 643. Temporary withdrawal from settlement or entry.

To aid in carrying out the purposes of section 641 of this title, it shall be lawful for the Secretary of the Interior, upon application by the proper officer of any State or Territory to which said section applies, to withdraw temporarily from settlement or entry areas embracing lands for which the State or Territory proposes to make application under said section, pending the investigation and survey preliminary to the filing of the maps and plats and application for segregation by the State or Territory: Provided, That if the State or Territory shall not present its application for segregation and maps and plats within one year after such temporary withdrawal the lands so withdrawn shall be restored to entry as though such withdrawal had not been made. (Mar. 15, 1910, ch. 96, 36 Stat. 237.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 644, 646 of this title.

§ 644. Preference right to entrymen under State laws.

The Secretary of the Interior, when restoring to the public domain lands that have been segregated to a State under sections 641, 642 and 643 of this title is authorized, in his discretion and under such rules and regulations as he may establish to allow for not exceeding ninety days to any entryman under section 641 of this title a preference right of entry under applicable land laws of any of such lands which such person had entered under and pursuant to the State laws providing for the administration of the grant under section 641 of this title and upon which such person had established actual bona fide residence or had made substantial and permanent improvements: Provided, That each entryman shall be entitled to a credit as residence upon his new homestead entry allowed hereunder of the time that he has actually lived upon the claim as a bona fide resident thereof. (Feb. 14, 1920, ch. 74, 41 Stat. 407.)

§ 645. Additional arid lands available to Colorado, Idaho, Nevada, and Wyoming for reclamation.

An additional one million acres of arid lands within each of the States of Colorado, Idaho, Nevada, and Wyoming is made available and subject to the terms of section 641 of this title, and the States of Colorado, Nevada, Idaho, and Wyoming are allowed under the provisions of said section said additional area or so much thereof as may be necessary for the purposes and under the provisions of said section. (May 27, 1908, ch. 200, § 1, 35 Stat. 347; Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1417; Aug. 21, 1911, No. 7, 37 Stat. 38.)

§ 646. Grant extended to New Mexico and Arizona.

All the provisions of sections 641, 642 and 643 of this title are extended to the States of New Mexico and Arizona, and the said States upon complying with the provisions of said sections shall be entitled to have and receive all of the benefits therein conferred upon the States. (Feb. 18, 1909, ch. 150, § 1, 35 Stat. 638.)

§647. Grant extended to desert lands within part of former Ute Indian Reservation in Colorado.

The provisions of sections 641, 642 and 643 of this title are extended over and shall apply to the desert lands within the limits of all that portion of the former Ute Indian Reservation, not included in any

national forest, in the State of Colorado, described and embraced in the Act entitled "An Act relating to lands in Colorado lately occupied by the Uncompahgre and White River Ute Indians," approved July 28, 1882: Provided, That before a patent shall issue for any of the lands aforesaid under the terms of the said sections the State of Colorado shall pay into the Treasury of the United States the sum of $1.25 per acre for the lands so patented, and the money so paid shall be subject to the provisions of section 3 of the Act of June 15, 1880, entitled "An Act to accept and ratify the agreements submitted by the confederated bands of Ute Indians in Colorado for the sale of their reservation in said State, and for other purposes, and to make the necessary appropriation for carrying out same."

No lands shall be included in any tract to be segregated under the provisions of this section on which the United States Government has valuable improvements, or which have been reserved for any Indian schools or farm purposes. (Feb. 24, 1909, ch. 178, §§ 1, 2, 35 Stat. 644, 645.)

§ 648. Extension of time of segregation and reclamation in Oregon segregation lists.

§ 661. Appropriation of waters on public lands; rightsof-way for canals and ditches.

Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section. (R. S. §§ 2339, 2340.)

DERIVATION

R. S. § 2339 from act July 26, 1866, ch. 262, § 9, 14 Stat. 253.

R. S. § 2340 from act July 9, 1870, ch. 235, § 17, 16 Stat. 218.

CODIFICATION

This section is also classified to sections 51 and 52 of Title 30, Mineral Lands and Mining.

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§ 662. Reservation of reservoir sites generally.

Sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, located or selected prior to August 30, 1890, shall remain segregated and reserved from entry, or settlement, until otherwise provided by law, and reservoir sites thereafter located or selected on public lands shall in like manner be reserved from the date of the location or selection thereof: Provided, That the President may at any time in his discretion, by proclamation, open any portion or all of the lands reserved by this provision to settlement under the homestead laws. (Oct. 2, 1888, ch. 1069, 25 Stat. 526; Aug. 30, 1890, ch. 837, § 1, 26 Stat. 391.)

CROSS REFERENCES

Sale of isolated or disconnected tracts of public lands authorized notwithstanding this section, see section 1171 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1171 of this title.

§ 663. Restriction of sites to inclusion of necessary lands.

Reservoir sites located or selected and to be located and selected shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs. (Mar. 3, 1891, ch. 561, § 17, 26 Stat. 1101.)

§ 664. Rights-of-way over reservoir sites generally. All reservoir sites reserved or to be reserved shall be open to use and occupation under sections 946 to 949 of this title, and any State is authorized to improve and occupy such reservoir sites to the same extent as an individual or private corporation, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the charges for water coming in whole or part from reservoir sites used or occupied under the provisions of this section shall always be subject to the control and regulation of the respective States and Territories in which such reservoirs are in whole or part situate. (Feb. 26, 1897, ch. 335, 29 Stat. 599.)

§ 665. Rights-of-way over reservoir sites for wagon road, railroad, or other highway.

In the form provided by existing law, the Secretary of the Interior may file and approve surveys and plats of any right of way for a wagon road, railroad, or other highway over and across any reservoir site when in his judgment the public interests will not be injuriously affected thereby. (Mar. 3, 1899, ch. 427, § 1, 30 Stat. 1233.)

687a-5. Certain islands excepted.
687a-6. Surveys; deposits.
687b.

Alaskan lands subject to sale for industrial,
commercial, and housing construction pur-
poses; public auction; notice; acreage limita-
tion; proof of buyer's intention; admniistra-
tive consent.

687b-1. Same; minimum selling price.

687b-2. Same; certificate of purchase; patent in fee; issuance and contents; liability for mining; vested rights.

687b-3. Same; existing rights saved; laws not applicable. 687b-4. Same; rules and regulations. 687b-5. Same; equitable principles upon submission of proof of compliance with use requirements after prescribed period.

696.

697.

698.

699.

Agreements to pay premium to purchasers.
Error in entry, selection or location; mistake of
numbers.

Recovery of premiums paid.
Discovery of agreements.

700. Private entry of lands forbidden; exceptions.

§ 671. Public sale forbidden; exceptions.

No public lands of the United States, except abandoned military or other reservations, isolated and disconnected fractional tracts authorized to be sold by section 1171 of this title, and mineral and other lands the sale of which at public auction has been authorized by Acts of Congress of a special nature having local application, shall be sold at public sale. (Mar. 3, 1891, ch. 561, § 9, 26 Stat. 1099.)

§672. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.

1029.

Section, R. S. § 2353, required public lands, offered at public sale, to be offered in half quarter sections.

§673. Private sales.

All the public lands, when offered at private sale, may be purchased, at the option of the purchaser, in entire sections, half sections, quarter sections, half quarter sections, or quarter quarter sections. (R. S. §2354.)

DERIVATION

Act Apr. 5, 1832, ch. 65, 4 Stat. 503.

§ 674. Memorandum in connection with application. Every person making application at any of the land offices of the United States for the purchase at private sale of a tract of land shall produce to the Secretary of the Interior or such officer as he may designate a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, half section, quarter section, half quarter section, or quarter quarter section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the Secretary or such officer shall file and preserve in his office. (R. S. § 2355; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act Feb. 24, 1810, ch. 11, § 1, 2 Stat. 556.
TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "register" where such word first appeared; and "the Secretary or such officer" was substituted for "register" near end of section, on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

§ 675. Private sale of lands in Missouri.

All public lands within the State of Missouri shall be subject to disposal at private sale in the manner provided by law for the sale of lands which have been publicly offered for sale, whether such lands have ever been offered at public sale or not: Provided, That the actual settlers shall have a preference right, under such rules and regulations as the Secretary of the Interior may prescribe. (May 18, 1898, ch. 344, § 2, 30 Stat. 418.)

§ 676. Highest bidder at private sale.

Where two or more persons apply for the purchase, at private sale, of the same tract, at the same time, the Secretary of the Interior or such officer as he may designate shall determine the preference, by forthwith offering the tract to the highest bidder. (R. S. § 2365; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act Apr. 24, 1820, ch. 51, § 6, 3 Stat. 567.
TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Reference to "register" was changed to "Secretary of the Interior or such officer as he may designate" on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.