GRANT OF LANDS IN SHOSHONE PROJECT TO PARK COUNTY, WYOMING, FOR FAIR GROUNDS

An act authorizing the Secretary of the Interior to convey certain lands in Powell town site, Shoshone reclamation project, Wyoming, to Park County, Wyoming. (Act April 3, 1926, ch. 104, 44 Stat. 235)

[Sec. 1. Right to oil, coal, and other mineral deposits reserved to United States.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to cause a patent to issue conveying blocks 3, 4, 5, 14, 15, 16, and the east half of blocks 6 and 13, town site of Powell, on the Shoshone reclamation project, Wyoming, to Park County, Wyoming, in trust for use as a county fair grounds; but in said patent there shall be reserved to the United States all oil, coal, and other mineral deposits within said lands and the right to prospect for, mine, and remove the same. (44 Stat. 235.)

Sec. 2. [County clerk to make report as to use of land granted-Grant forfeited unless terms complied with.]-The conveyance herein is made upon the express condition that within thirty days of the receipt of any request therefor from the Secretary of the Interior the county clerk of Park County, Wyoming, shall submit to the Secretary of the Interior a report as to the use made of the land herein granted the county during the preceding period named in such request. showing compliance with the terms and conditions stated in this act; and that in the event of his failure to so report, or in the event of a showing in such report to the Secretary of the Interior that the terms of the grant have not been complied with, the grant shall be held to be forfeited, and the title shall revert to the United States, and the Secretary of the Interior is hereby authorized and empowered to determine the facts and declare such forfeiture and such reversion and restore said land to the public domain, and such order of the Secretary shall be final and conclusive. (44 Stat. 235.)

COLUMBIA RIVER COMPACT ACT EXTENDED

An act authorizing the Secretary of the Interior to cooperate with the States of Idaho, Montana, Oregon, and Washington in allocation of the waters of the Columbia River and its tributaries, and for other purposes, and authorizing an appropriation therefor. (Act April 13, 1926, ch. 129, 44 Stat. 247)

[Sec. 1. Time extended for completion of compact by participating States.]-That the provisions of the act of March 4, 1925, entitled "An act to permit a compact or agreement between the States of Washington, Idaho, Oregon, and Montana respecting the disposition and apportionment of the waters of the Columbia River and its tributaries, and for other purposes," be continued and extended, and the said States are hereby authorized to negotiate or enter into a compact or agreement and report to Congress in accordance with the provisions of the said act not later than December 1, 1927. (44 Stat. 247.)

Sec. 2. [Appropriation authorized.]-There is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of not more than $25,000, for completing investigations of the feasibility of irrigation by gravity or pump ing, water sources, water storage, and related problems on the Columbia River and its tributaries, including the Columbia Basin project. (44 Stat. 247.)

NOTES

See notes under act of February 21, 1923 (42 Stat. 1281).

Act of July 3, 1926 (44 Stat. 841) appropriates $25,000 as authorized in section 2 above.

Cross references.-Act of March 4, 1925 (43 Stat. 1268), and act of March 3, 1927 (44 Stat. 1403). Also act of June 29, 1932 (47 Stat. 381).

320

SCHOOL LAND GRANT, SUN RIVER PROJECT,

MONTANA

An act making a grant of land for school purposes, Fort Shaw division, Sun River project, Montana. (Act April 17, 1926, ch. 153, 44 Stat. 299)

[Sec. 1. Public lands granted Cascade County-Reversion to United States when land no longer used for school purposes-Reservation of mineral deposits.]-That the Secretary of the Interior is hereby authorized and directed to issue patent conveying lots 14 and 15, section 2, and lots 11 and 12, section 11, township 20 north, range 2 west, containing thirty and seventy-six one-hundredths acres, to school district numbered 82, Cascade County, State of Montana, for school purposes: Provided, That this grant is made upon the payment of $1.25 per acre: Provided further, That said patent shall be issued upon the express condition that the said school district shall use said tract of land for public school purposes: Provided further, That whenever said land shall cease to be used by said school district for school purposes or attempted to be sold or conveyed, then, and in that event, title to such land and the whole thereof shall revert to the United States: Provided further, That such patent shall contain a reservation to the United States of all gas, oil, coal, and other mineral deposits as may be found in such land and the right to the use of the land for extracting and removing the same. (44 Stat. 299.)

321

SPECIAL PROVISIONS OF THE INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1927

[Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1927, and for other purposes. (Act May 10, 1926, ch. 277, 44 Stat. 453)

[Extension of time for payment of unpaid operation and maintenance or water-rental charges-Interest-Contracts for payment of unpaid construction charges-Interest.]-Provided further, That the Secretary of the Interior is hereby authorized, in his discretion, until June 30, 1927, to extend the time for payment of operation and maintenance or water-rental charges due and unpaid for such period as in his judgment may be necessary, not exceeding five years. The charges so extended shall bear interest, payable annually, at the rate of 6 per centum per annum until paid. The Secretary of the Interior is also authorized, in his discretion, until June 30, 1927, to contract with any irrigation district or water-users' association for the payment of the construction charges then remaining unpaid within such term of years as the Secretary may find to be necessary. The construction charges due and unpaid when such contract is executed shall bear interest payable annually at the rate of 6 per centum per annum until paid. (44 Stat. 479.)

Textual note. The two last sentences of the above provision affect portions of section 6 of the act of August 13, 1914 (38 Stat. 688), codified as sections 479 and 495.

[Sun River, Owyhee, Vale, and Baker projects-Contracts for payment of cost of constructing, operating, and maintaining works while in control of United States-Cooperation by States-Operation and maintenance charges.]-No part of the sums provided for in this act for the Sun River, Owyhee, Vale, and Baker projects shall be expended for construction purposes until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or irrigation districts organized under State law providing for payment by the district or districts of the cost of constructing, operating, and maintaining the works during the time they are in control of the United States, such cost of constructing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than 40 years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Upon such confirmation of such contract as to any one of such projects, the construction thereof shall proceed in accordance with any appropriations there for provided for in this act. Prior to or in connection with the settlement and development of each of these

INTERIOR DEPARTMENT APPROPRIATION ACT, 1927 323

projects, the Secretary of the Interior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divisions are located whereby such State or States shall cooperate with the United States in promoting the settlement of the projects or divisions after completion and in the securing and selecting of settlers. Such contract or contracts with irrigation districts hereinbefore referred to shall further provide that all irrigable land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres shall be appraised in a manner to be prescribed by the Secretary of the Interior and the sale prices thereof fixed by the Secretary on the basis of its actual bona fide value at the date of appraisal without reference to the proposed construction of the irrigation works; and that no such excess lands so held shall receive water from any project or division if the owners thereof shall refuse to execute valid recordable contracts for the sale of such lands under terms and conditions satisfactory to the Secretary of the Interior and at prices not to exceed those fixed by the Secretary of the Interior; and that until one-half the construction charges against said lands shall have been fully paid no sale of any such lands shall carry the right to receive water unless and until the purchase price involved in such sale is approved by the Secretary of the Interior and that upon proof of fraudulent representation as to the true consideration involved in such sales the Secretary of the Interior is authorized to cancel the water right attaching to the land involved in such fraudulent sales: Provided further, That the operation and maintenance charges on account of lands in said projects and divisions shall be paid annually in advance not later than March 1. It shall be the duty of the Secretary of the Interior to give public notice when water is actually available, and the operation and maintenance charges payable to the United States for the first year after such public notice shall be transferred to and paid as a part of the construction payment. (44 Stat. 479.)

Certain of above restrictions not applicable to Beaver Creek Reservoir, Sun River project. (See proviso to appropriation for this project, post.)

Construction of new projects.-In an opinion promulgated August 4, 1926, concerning the Baker project, the Attorney General ruled that the Secretary of the Interior is not compelled to expend appropriations made by Congress for construction of new projects unless he is certain of their feasibility, their adaptability for settlement, and repayment of their costs to the Government. (See New Reclamation Era, September, 1926, p. 152.)

Under the provision in the appropriation act of May 10, 1926, which authorizes the construction of the Baker project the Secretary of the Interior is not com pelled to proceed with construction work if existing conditions are not such as will enable him to enter into a contract as contemplated by the statute. (35 Op. Atty. Gen. 125 (1926).)

See notes under act of May 24, 1922, 42 Stat. 552.

* *

[Minidoka project-Application of net proceeds from power plants, etc., to pay water-right charges.]—Minidoka project, Idaho: * Provided, That the accumulated net profits as determined by the Secretary of the Interior, arising under the project, derived from the