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SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT, 1918 217

The intention of Congress, as expressed in the act of June 12, 1917 (40 Stat. 149), and other acts, to except "repayments of construction and operation and maintenance charges” from the requirement that moneys refunded or received in connection with operations under the reclamation laws shall be a credit to the appropriation for the project or operation from or on account of which the collection is made and available for direct expenditure without further appropriation by Congress, may not be defeated by administrative action authorizing payments of operation or maintenance charges in advance, thus making them "receipts" instead of "repayments,” but all moneys in the reclamation fund arising from operation and maintenance charges, regardless of the date of payment or collection, can be available for expenditure only when appropriated by Congress. (27 Comp. Dec. 849.)

See notes of Comptroller General's decisions following section 1, act of June 17, 1902, entitled “Damages collected not to be credited to reclamation fund." The act of June 6, 1930 (46 Stat. 522), changes the procedure prescribed by the Comptroller General by providing that funds collected from defaulting contractors or their sureties shall be covered into the reclamation fund and not credited as miscellaneous receipts in the Treasury.

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SUSPENSION OF RESIDENCE REQUIREMENTS DURING WORLD WAR

[Extracts from] An act to provide further for the national security and defense by stimu

lating agriculture and facilitating the distribution of agricultural products. (Act August 10, 1917, ch. 52, 40 Stat. 273)

Sec. 11. (Suspension of residence requirements. ]—That the Secretary of the Interior is hereby authorized, in his discretion, to suspend during the continuance of this act that provision of the act known as the "reclamation act” requiring residence upon lands in private ownership or within the neighborhood for securing water for the irrigation of the same, and he is authorized to permit the use of available water thereon upon such terms and conditions as he may deem proper. (40 Stat. 276.)

Sec. 12. [Duration of suspension. ]—That the provisions of this act shall cease to be in effect when the national emergency resulting from the existing state of war shall have passed, the date of which shall be ascertained and proclaimed by the President; but the date when this act shall cease to be in effect shall not be later than the beginning of the next fiscal year after the termination, as ascertained by the President, of the present war between the United States and Germany. (40 Stat. 276.)

NOTES

Applications for water.-Under these sections, the Secretary of the Interior will permit as a war measure the acceptance upon Federal irrigation projects during the term of the war as fixed by the act, all applications for temporary water delivered to lands in private ownership and subject to public notice without reference to the residence of the water-right applicant. No application, however, will be received under this act from one qualified to make a formal water-right application under section 5 of the reclamation act of June 17, 1902 (32 Stat. 388). The charges for the delivery of water will be the same in amount as the operation and maintenance charges announced by public notice, but shall be payable in advance. (Departmental decision, October 4, 1917, 46 L. D. 213.)

See C. L. 720, January 2, 1918, for supplementary instructions to those of October 4, 1917.

Order of Secretary of the Interior dated April 23, 1920, cancels all contracts for temporary water service under act of August 10, 1917, and the regulations of October 4, 1917, 46 L. D. 213. (47 L. D. 370; C. L. 883, May 4, 1920.) For date of termination of World War see 49 L. D. 1.

218

RECEIPTS FROM POTASSIUM DEPOSITS TO BE PAID INTO RECLA

MATION FUND

(Extract from) An act to authorize exploration for and disposition of potassium. (Act

October 2, 1917, ch. 62, 40 Stat. 297)

Sec. 10. [Disposal of receipts from potassium deposits.]—That all moneys received from royalties and rentals under the provisions of this act, excepting those from Alaska, shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation act, but after use thereof in the construction of reclamation works and upon return to the reclamation fund of any such moneys in the manner provided by the reclamation act and acts amendatory thereof and supplemental thereto, fifty per centum of the amounts derived from such royalties and rentals so utilized in and returned to the reclamation fund shall be paid by the Secretary of the Treasury after the expiration of each fiscal year to the State within the boundaries of which the leased lands or deposits are or were located, said moneys to be used by such State or subdivisions thereof for the construction and maintenance of public roads or for the support of public schools. (40 Stat. 300.)

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Textual note. The substance of the above provision is codified as section 149, title 30, United States Code.

NOTES

Receipts to be deposited direct to reclamation fund.—Moneys received from royalties and rentals under this act should not first be deposited to the credit of sales of public lands, but should be credited direct to the reclamation fund. (Comp. Dec., December 5, 1918.)

Application of act.—This act applies to public lands reserved as national forests. (31 Op. Atty. Gen. 433.) Regulations.-For departmental regulations under this act, see 46 L. D. 323.

See instructions regarding form of potash prospecting applications in C. L. 1185, December 22, 1922, modifying form of permit in 46 L. D. 323. Instructions of March 27, 1926, amend section 6 of the potash regulations printed at 46 L. D. 323. (51 L. D. 424.)

Above act repealed.-Sec. 6 of the act of Feb. 7, 1927, repeals above act. Sections 5 and 6 of the act of Feb. 7, 1927, are as follows: "Sec. 5. That the general provisions of sections 1 and 26 to 38, inclusive, of the act of February 25, 1920, entitled "An act to promote the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain,” are made applicable to permits and leases under this act, the first and thirty-seventh sections thereof being amended to include deposits of potassium.

"Sec. 6. That the act of October 2, 1917 (Fortieth Statutes at Large, page 297), entitled "An act to authorize exploration for and disposition of potassium" is hereby repealed, but this repeal shall not affect pending applications for permits or leases filed prior to January 1, 1926, or valid claims existent at date of the passage of this act and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, including discovery."

DRAINAGE ON RIO GRANDE PROJECT

Joint resolution to authorize the Secretary of the Interior to expend funds in New Mexico and Texas for drainage purposes. (Pub. Res. October 6, 1917, ch. 107, 40 Stat. 426)

[Drainage expenditures allowed. ]—That in order to provide for immediate and necessary drainage of lands in the Rio Grande reclamation project, New Mexico and Texas, the provisions of the sundry civil act, approved June twelfth, nineteen hundred and seventeen, as far as applicable to said project, are hereby modified and amended so as to authorize and permit the Secretary of the Interior to expend not exceeding $15,000 in drainage work upon that portion of the project located within the State of New Mexico pending the formation of an irrigation district covering the lands within New Mexico under this project, and to expend upon that portion of the project located within the State of Texas such amount, within the limit of available appropriations, as the existing irrigation district may obligate itself to repay.

(46 Stat. 426.)

NOTE

Cross reference.-See act of June 12, 1917 (40 Stat. 148), act of July 1, 1918 (40 Stat. 674), and act of July 19, 1919 (41 Stat. 201), all containing similar provisions regarding drainage on the Rio Grande project.

220

AVAILABILITY OF MONEY FOR YUMA AUXILIARY PROJECT

An act to amend section four of the act entitled "An act to provide for an auxiliary reclamation project in connection with the Yuma project, Arizona." (Act Feb. 11, 1918, 40 Stat. 437)

[Funds available for Yuma Auxiliary project. ]—That the first sentence of section four of the Act entitled “An Act to provide for an auxiliary reclamation project in connection with the Yuma project, Arizona", approved January twenty-fifth, nineteen hundred and seventeen, be amended so as to read as follows:

"That the money in said auxiliary reclamation fund of the Yuma project, Arizona, shall be available for the construction or completion of irrigation works of the said auxiliary project or unit.”

NOTES

The First Assistant Secretary on May 10, 1922, approved regulations that (a) subject to the approval of the project manager, any purchaser of land in part 1, Mesa division (formerly first Mesa unit), Yuma irrigation project, Arizona, be permitted to relinquish to the United States land so purchased in areas of either 5, 10, or 15 acres : Provided, That except as modified under (b) an area of not less than 5 acres be retained by the person so relinquishing: Provided further, That all moneys theretofore paid by any such purchaser on account of the land so relinquished shall be credited and applied in payment of the charges against the area retained ;

(6) That upon such approval by the project manager any such purchaser may relinquish to the United States his entire holding for the purpose of transferring his rights to a different area within said part 1, Mesa division, in which event all moneys theretofore paid by any such purchaser on account of the land so relinquished shall be credited and applied in payment of the charges against the new area the same as if such new area had been originally selected by the purchaser;

(c) That if a resurvey in any case is necessary the purchaser applying therefor be required to pay the cost thereof as a condition precedent to obtaining relief requested ; and

(d) That the contracts with all such purchasers be amended in accordance with changes made under (a) and (b).

The First Assistant Secretary on July 31, 1924, held that the instructions of May 10, 1922, authorized the exchange of lands to facilitate development and that the reasons specified as justification for the exchange arrangement therein provided in respect to the unwatered area apply as well to claims which have been passed to patent as to those which have not been completed by final payment of the purchase price and issuance of patent, and that the regulations appear to be sufficient, when considered with regulations in respect to amendment of entries and exchanges, to cover patented lands as well as unpatented lands. In all cases where patent has issued, it is necessary to show good title in the party applying for exchange and proper reconveyance of title to the Government.

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