369 FIRST DEFICIENCY ACT FOR 1928 NOTES See the note of Comptroller General's decision headed "International Water Commission," following act of March 3, 1927. The following item in this connection appears in the appropriation act for the Departments of State, Justice, etc., fiscal year 1929: INTERNATIONAL WATER COMMISSION, UNITED STATES AND MEXICO For a study in cooperation with representatives of the Government of Mexico regarding the equitable use of the waters of the lower Rio Grande, of the lower Colorado, and of the Tia Juana Rivers, for the purpose of securing information on which to base a treaty with the Government of Mexico relative to the use of the waters of these rivers for irrigation and other beneficial purposes, including salaries of commissioners and other employees, transportation, subsistence, printing and binding, and such other miscellaneous expenses, including necessary travel to and from points in the Republic of Mexico, as the President may deem proper, $35,000, to be immediately available: Provided, That any moneys contributed by or received from the Republic of Mexico after the approval of this act for the purpose of cooperating or assisting in this work shall be available for expenditure in connection with this appropriation for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes. (From act of Feb. 15, 1928, 45 Stat. 75.) NOTE Other legislation making appropriations, or authorizing appropriations, for this commission were the acts of January 25, 1929 (45 Stat. 1106), and March 26, 1930 (46 Stat. 90), and Public Resolution No. 119, Seventy-first Congress, third session, approved February 14, 1931 (46 Stat. 1162). SEC. 6. [Travel expenses-Transfer from one station to another.]— Appropriations for the fiscal years 1926, 1927, 1928, and 1929 available for expenses of travel of civilian officers and employees of the executive departments and establishments shall be available also for expenses of travel performed by them on transfer from one official station to another when authorized by the head of the department or establishment concerned in the order directing such transfer: Provided, That such expenses shall not be allowed for any transfer effected for the convenience of any officer or employee. (45 Stat. 50.) NOTES In all cases in which it is proposed to charge the expense of transfers to the Government, administrative authorities covering such transfers should contain a showing, by proper certificate or otherwise, that the transfer was not made for the convenience of the employee. (7 Comp. Gen. 550.) See note under the head of Travel Expense, following section 10, act of June 17, 1902. Annual leave during travel period.-Employees transferred from one duty station to another upon their own requests and not for the benefit of the Government may not be allowed salary without charging the time against annual leave during the travel period. Department regulations approved February 26, 1929, recognize allowance of compensation and traveling expenses when the transfer is not made for the convenience of the employee. (Op. of Sol. Int. Dept. approved by the Secy. Int. May 3, 1929.) TAXATION OF LANDS OF HOMESTEAD AND DESERT-LAND ENTRYMEN An act to permit taxation of lands of homestead and desert-land entrymen under the reclamation act. (Act April 21, 1928, ch. 394, 45 Stat. 439) [Sec. 1. Lands of homestead entryman taxable by State after proof of residence, etc.]-That the lands of any homestead entryman under the act of June 17, 1902, known as the reclamation act, or any act amendatory thereof or supplementary thereto, may, after satisfactory proof of residence, improvement, and cultivation, and acceptance of such proof by the General Land Office, be taxed by the State or political subdivision thereof in which such lands are located, in the same manner and to the same extent as lands of a like character held under private ownership may be taxed. Sec. 2. [Lands of desert-land entryman taxable by State.]-That the lands of any desert-land entryman located within an irrigation project constructed under the reclamation act and obtaining a water supply from such project and for whose land water has been actually available for a period of four years, may likewise be taxed by the State or political subdivision thereof in which such lands are located. Sec. 3. [Taxes a lien upon, and enforceable by sale of lands.]-That all such taxes legally assessed shall be a lien upon the lands and may be enforced upon said lands by the sale thereof in the same manner and under the same proceeding whereby said taxes are enforced against lands held under private ownership: Provided, That the title or interest which the State or political subdivision thereof may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to a prior lien reserved to the United States for all the unpaid charges authorized by the said act of June 17, 1902, whether accrued or otherwise, but the holder of such tax deed or tax title resulting from such tax shall be entitled to all the rights and privileges in the land of an assignee under the provisions of the act of June 23, 1910 (Thirty-sixth Statutes, page 592). (45 Stat. 439.) Textual note. This act, as amended by act of June 13, 1930 (46 Stat. 581), is codified as sections 455-455c, title 43, United States Code. NOTES Amendment.-This act amended by act of June 13, 1930. Taxation before issuance of final certificate.-The interest of a homestead entryman in public land on a Federal irrigation project is taxable after the submisison of satisfactory final proof under the ordinary provisions of the homestead law and upon the acceptance thereof by the Commissioner of the General Land Office, and desert land entries located within an irrigation project constructed under the reclamation act are subject to State taxation at any time after water from said project has been available for the irrigation of the lands in the entry for four years. (General Land Office regulations approved by the First Assistant Secretary Nov. 27, 1928, published at 52 L. D. 511. See C. L. 1779 and amendatory C. L. 1972, published at 53 I. D. 418.) The act of April 21, 1928, authorizing local taxation of reclamation homesteads after acceptance by the General Land Office, is applicable to lands in the ceded Flathead Indian Reservation. The taxes may become a lien on the homestead subject to a prior lien reserved to the United States for unpaid reclamation charges. (Departmental decision, January 15, 1930, 53 I. D. 35–7.) FISH CONSERVATION An act to provide for the conservation of fish, and for other purposes. (Act May 1, 1928, ch. 473, 45 Stat. 478) [Sec. 1. Investigations to determine methods of preventing the destruction of fish.]-That the Department of Commerce be, and it is hereby, authorized to study, investigate, and determine the best means and methods of preventing the destruction of fish occasioned by ditches, canals, and other works constructed or maintained by the United States; and for this purpose such sums of money as may be necessary, not exceeding in the aggregate $25,000, are hereby authorized to be expended out of any money in the Treasury not otherwise appropriated. (45 Stat. 478.) 371 UTILIZATION OF WATERS OF GILA RIVER ABOVE SAN CARLOS RESERVOIR An act authorizing surveys and investigations to determine the best methods and means of utilizing the waters of the Gila River and its tributaries above the San Carlos Reservoir in New Mexico and Arizona. (Act May 25, 1928, ch. 742, 45 Stat. 739) [Sec. 1. Surveys and investigations for irrigation-Plans and estimates of cost of dams, canals, etc.]-That the Secretary of the Interior is hereby authorized and empowered to make all necessary surveys and investigations to ascertain the best methods and means of utilizing the waters of the Gila River and its tributaries above the San Carlos Reservoir for irrigation and other purposes in the States of New Mexico and Arizona. The Secretary of the Interior is further authorized and empowered to prepare plans and make estimates of the cost of constructing dams, canals, and other works necessary for the utilization of such waters. Sec. 2. [Authorization of not exceeding $12,500 provided equal amounts are contributed locally.]-That there is hereby authorized to be appropriated for this purpose a sum of not to exceed $12,500 from any money in the reclamation fund: Provided, however, That the appropriation herein authorized shall not be available unless or until contributions of equal amounts shall have been provided from local sources. (45 Stat. 739.) 372 TRANSFER OF OKANOGAN PROJECT TO OKANOGAN IRRIGATION DISTRICT An act to authorize the Secretary of the Interior to transfer the Okanogan project, in the State of Washington, to the Okanogan irrigation district upon payment of charges stated. (Act May 25, 1928, ch. 743, 45 Stat. 739) [Sec. 1. Contract for payment of $10,000 per annum for 31 years, interest 6 per cent.]-That the Secretary of the Interior is hereby authorized to contract with the Okanogan irrigation district for the transfer of the control of the Okanogan project, in the State of Washington, constructed pursuant to the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, known as the reclamation law, upon the district agreeing to pay to the United States in discharge of all obligations the sum of $10,000 per annum for the period of thirty-one consecutive years, beginning with the year 1928 such installments to be due on December 1 of each year and bear interest at the rate of 6 per centum per annum after due. Upon such payments being completed, the said Secretary is authorized to convey to the district all the right, title, and interest of the United States in and to said Okanogan project. Sec. 2. [Assignment of claims by United States to district-District may operate canals during 1928.]-The Secretary is authorized to assign to the district all claims that the United States now holds under contracts with water users and others owning land outside the boundaries of said district, or owning land within the boundaries of said district but not consenting expressly or impliedly to the modifications in their water-right contracts necessary to conform to the terms of said proposed contract between the United States and the Okanogan irrigation district. During the irrigation season of 1928, prior to the execution of such contract with the Okanogan irrigation district, the district may, at its own expense, operate the canals and other works of the Okanogan project for the delivery of water to the water users thereunder, and during such irrigation season may deliver water regardless of the restrictions now imposed by the reclamation law relating to delinquency in payment of charges. Sec. 3. [United States reserves right to shut off water to enforce payment of installments-Control to be resumed when installment not paid on or before March 1 after due.]—The contract between the United States and the said district shall reserve to the United States the power to resume control of said project at any time when necessary to shut off water to enforce payment of the annual installments provided for in the first section hereof. The Secretary of the Interior is directed to resume control and shut off water to enforce payment whenever any such annual installment is not paid on or before March 1 after due. (45 Stat. 739.) |