CHEYENNE RIVER AND STANDING ROCK INDIAN LANDS—TIME OF PAYMENTS EXTENDED. CIRCULAR. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., May 4, 1912. Registers and Receivers, United States Land Offices, Lemmon and Timber Lake, South Dakota. SIRS: Your attention is directed to the act of Congress approved April 13, 1912 (Public, No. 119), which reads as follows: That any person who has heretofore made a homestead entry for land which was formerly a part of the Cheyenne River Indian Reservation, in the State of South Dakota, or the Standing Rock Indian Reservation in the States of South Dakota and North Dakota, authorized by the act approved May twentyninth, nineteen hundred and eight, may apply to the register and receiver of the land office in the district or districts in which the land is located for an extension of time in which to make payment of any amount that is about to become due, and upon the payment of interest for one year in advance, at five per centum per annum upon the amount due, such payment will be extended for a period of one year, and any payment so extended may annually thereafter be extended for a period of one year in the same manner: Provided, That the last payment and all other payments must be made within a period not exceeding one year after the last payment becomes due by the terms of the act under which the entry was made; that all moneys paid for interest as herein provided shall be deposited in the Treasury to the credit of the Indians as a part of the proceeds received for the land: And provided further, That any entryman who has resided upon and cultivated the land embraced in his entry for the period of time required by law in order to make commutation proof, may make proof, and if the same is approved, further residence and cultivation will not be required: Provided, That any and all payments must be made when due unless the entryman applies for an extension and pays interest at five per centum per annum in advance upon the amount due as herein provided, and patent shall be withheld until full and final payment of the purchase price is made in accordance with the provisions hereof. That failure to make any payment that may be due, unless the same be extended, or to make any extended payment at or before the time to which such payment has been extended as herein provided, will forfeit the entry and the same shall be canceled, and any and all payments theretofore made shall be forfeited. That nothing herein contained shall affect any valid adverse claim initiated prior to the passage of this act. No special form of application for extension of time to make payment will be required; the payment by the entryman of interest for one year in advance, on any amount about to become due, at the rate of five per centum per annum, will be sufficient, and the receiver will note, upon receipts and abstracts of collections, the nature and purpose of the payment. Under the second proviso of the act, any entryman who has resided upon and cultivated the land embraced in his entry for the period of time required by law in order to make commutation proof, may make proof, and if the same is approved, further residence and cultivation will not be required, and the entryman may complete his payments in the annual instalments, and subject to the same conditions as to extensions of time, as though such proof had not been made. If such proof is found satisfactory by you, you will so notify the entryman, and that your approval thereof is subject to review by this office; the register will not issue final certificates, but forward the proof to this office with the returns for the current month, attaching thereto a brief report as to its status. Upon final payment being made, final certificate may issue, in the absence of other objection, without instructions from this office. Very respectfully, Approved: SAMUEL ADAMS, First Assistant Secretary. FRED DENNETT, Commissioner. RIGHTS OF WAY-REGULATIONS OF JUNE 6, 1908, AMENDED. REGULATIONS. DEPARTMENT OF THE INTERIOR, The COMMISSIONER OF THE GENERAL LAND OFFICE. SIR: In the matter of the regulations approved June 6, 1908 (36 L. D., 567), concerning rights of way over public lands and reservations for canals, ditches and reservoirs and the use of a right of way for various purposes, I have to direct that modifications be made of paragraphs 38 and 43 thereof. As modified these paragraphs will read as follows: 38. Nature of grant.-It is to be specially noted that this act does not make a grant in the nature of an easement but authorizes a mere permit in the nature of a license which permit may be revoked by the Secretary, or his successor, at any time, in his discretion. Further, it gives no right whatever to take from public lands, reservations or parks adjacent to the right of way any materials, earth or stone, for construction or other purposes. 43. National parks.-Whenever a right of way is through any of the national parks designated in the act, the applicant must show to the satisfaction of the Department that the location and use of the right of way for the purposes contemplated will not interfere with the uses and purposes for which the park was originally dedicated, and will not result in damage or injury to the natural conditions of property or scenery existing therein. The applicant must also file the stipulations and bond required by section 6, but, in case of a telephone line, substitute the following: "That upon completion of the telephone lines they shall be subject to the free use of the park officers for all purposes incident to the administration of the park," for stipulation (e) under said section 6. Whenever right of way within a park is desired for operations in connection with mining, quarrying, cutting timber, or manufacturing lumber, a satisfactory showing must be made of the applicant's right to engage in such operations within the park. If the application and the showing made in support thereof is satisfactory, the Secretary of the Interior will give the required permission in such form as may be deemed proper, according to the features of each case; and any permission granted hereunder is also subject to such further and future regulations as may be adopted by the Department. You will see that these changes are made in an appropriate way in circulars hereafter distributed under this act. Very respectfully, SAMUEL ADAMS, First Assistant Secretary. RECLAMATION-TIETON UNIT, YAKIMA PROJECT, WASHINGTON. PUBLIC NOTICE. DEPARTMENT OF THE INTERIOR, Washington, May 10, 1912. In pursuance of the provisions of the Reclamation Act of June 17, 1902 (32 Stat., 388), public notice was issued April 18, 1912 [40 L. D., 579], providing for the opening of certain farm units under the Tieton unit, Yakima project, Washington, and stating the terms and conditions under which the water rights might be obtained for said lands. Paragraph 15 of the said notice is hereby amended to read as fol lows: 15. After the expiration of the period for entry hereinbefore provided for, all entries made for any of the lands described, whether for lands not heretofore entered or for lands covered by prior entries which have been canceled by relinquishment or otherwise, shall be accompanied by applications for water rights in due form, and by all charges for building, operation and maintenance then due. Where payments have been duly made by the prior applicants and credits therefor duly assigned in writing the entryman shall continue the payments thus begun. In other cases the entryman shall pay the first instalment in full at the time of his entry; the second instalment shall become due on April 1 of the calendar year following the date of entry; and subsequent instalments shall become due on April 1 of each year thereafter until fully paid. All instalments of charges shall become due and payable as herein provided, whether or not water-right application is made there for or water is used thereon. SAMUEL ADAMS, First Assistant Secretary of the Interior. MINIDOKA PROJECT-SOUTH SIDE PUMPING UNIT. ORDER. DEPARTMENT OF THE INTERIOR, Whereas, in pursuance of order of March 24, 1911 [39 L. D., 531], water was furnished in the season of 1911 to lands in the South Side Pumping Unit of the Minidoka project, Idaho, constructed under the provisions of the Reclamation Act of June 17, 1902 (32 Stat., 388); and Whereas, it was announced in the said order that the charges for operation and maintenance for 1911 would be as thereafter announced, and payable at the beginning of the irrigation season of 1912; and Whereas, a number of settlers or land owners are financially unable to pay the rental charge for the season of 1911, announced as $1.10 per acre by order of March 19, 1912, but are desirous of obtaining water for the season of 1912; Therefore, it is hereby ordered that any such settler or land owner who in good faith has actually cultivated and improved his land, and has set out an orchard, or has alfalfa growing or seeded, or land cultivated and prepared for seeding, may obtain water for the season of 1912, upon the following conditions: 1. By filing with the project engineer application and affidavit on the form hereinafter set forth, which must be corroborated by two disinterested persons upon information and belief: APPLICATION FOR EXTENSION OF TIME FOR PAYMENT OF 1911 OPERATION AND MAINTENANCE CHARGES. I E., containing irrigable acres, do hereby apply for extension of time for payment of the rental charge for 1911, amounting to $1.10 per acre, to December 1, 1912. I have made the following progress in the cultivation of the soil: I have placed upon the land the following improvements: If this application is allowed, I hereby agree to pay, on December 1, 1912, the increased rental for 1911 of $1.20 per acre; and also the rental charge for 1912, at the same time, amounting to $1.25 per acre. Applicant. being duly sworn, deposes and says that he is unable to make payment of the 1911 water rental charge at the present time, and that the statements contained in his application for extension of time for such payments are true. and that they are being duly sworn deposes and says that he has read the statements contained in the foregoing application and affidavit of true to the best of his knowledge and belief. and that they are being duly sworn deposes and says that he has read the statements contained in the foregoing application and affidavit of true to the best of his knowledge and belief. Subscribed and sworn to before me, this day of 1912. My commission expires (NOTE. These affidavits may be made before a judge or clerk of any court, justice of the peace, or notary public.) 2. Such application and affidavits must be filed with the project engineer not later than July 1, 1912. SAMUEL ADAMS, First Assistant Secretary of the Interior. |