Store Research

Public Law 57-161 Senate Bill No. 3057 of 1902

As codified in 32 United States Statutes 388

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

The language of section 383 of Title 43 of the United States Code can be traced to former uncodified section 8 of the 1902 enactment of:

. . . 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.
(See Exhibit A, #1, page 388)

This federal law was enacted following congressional approval of Senate Bill No. 3057 [hereinafter referred to as “S. 3057”]. (See Exhibit A, #1) While very little documentation on the bill itself survived, we were able to locate useful materials and information regarding the legislation and subject matter. (See generally, Exhibits A through C) However, we have determined that Stanford University may have copies of these bills as well as the Library of Congress, which could take up to six weeks to obtain. With this knowledge that it could take some time, please let us know if you would like to have us locate the bill copies themselves.

S. 3057 was introduced by Senator Henry Clay Hansbrough of North Dakota on or about January 21, 1902. (See Exhibit A, #4a, page 813) Senator Hansbrough, a Republican, served as chair of the Senate Committee on Public Lands at this time. (See Exhibit A, #8) Given the fact that this topic, irrigation and reclamation, can be traced back at least to the 51st Congress, it appears to have generated much interest, both politically and regionally. (See generally, Exhibits B and C)

This measure was heard in the Senate Committee on Public Lands and amended therein. (See Exhibit A, #3a) Thereafter, the bill went to the House Committee on Irrigation of Arid Lands and was amended therein also. (Id.; see also Exhibit A, #5) The enclosed Senate and House Reports contained amended versions of the bill. (See Exhibit A, #5 and #6) These were the only versions of the bill we were able to obtain. (Id.)

After both the Senate and House approved the final version of S. 3057, this measure was presented to President Theodore Roosevelt, who signed it into law on June 17, 1902, enacting Public Law 57-161. (See Exhibit A, #1)

The House Report on S. 3057 as apparently last amended provided the following background discussion and history of the bill:

   The national platforms of 1900 of the three political parties having declared in favor of the undertaking by the National Government of the work of reclaiming the arid lands and holding the same for actual settlers, the Representatives from the West made strenuous efforts in the Fifty-sixth Congress to secure at least a partial fulfillment of these pledges, . . .

. . .

   With confidence in the desire of the members of all parties to fulfill the pledges of their national platforms, greatly encouraged by the President’s earnest and vigorous recommendations, the members of both branches of Congress form the arid and semiarid States met in the early days of the present Congress, appointed a committee of one from each of the said States and Territories, with Senator Warren, of Wyoming, as chairman, for the purpose of drafting an irrigation measure. This committee labored earnestly and faithfully, and finally presented to the full representation from the West a bill which was accepted by them, introduced in the Senate by Senator Hansbrough and in the House by Mr. Newlands, which bill, with some minor amendments made by the committee, is the measure herein referred to.
   No more defendable measure has ever been presented to any Congress. No measure relating to the settlement and development of the public lands has ever been so carefully guarded in the interest of the home maker and against the designs of the speculative entryman. No legislation presented to an American Congress has had all of its provisions more carefully and thoroughly considered in all their bearings.
(See Exhibit A, #6, pages 4 and 5)