426 INTERIOR DEPARTMENT APPROPRIATION ACT, 1931 water for the irrigation of lands in the Kennewick irrigation district shall be applied, first, to the payment of the construction cost incurred by the United States in connection with the Kennewick Highlands unit, including the power plant and appurtenances, until said construction cost is fully paid, and thereafter to retire the obligations incurred by the said district in the purchase of the said dam and right of way: And provided further, That title to and the legal and equitable ownership of the power plant and appurtenances constructed by the United States pursuant to this appropriation shall be and remain in the United States, and all net revenues therefrom shall go to the reclamation fund after payment of aforesaid construction cost and retirement of said obligations. (46 Stat. 308.) NOTES July 2, 1930, the solicitor rendered an opinion, M. 26043, approved by the Secretary, regarding the above appropriation for Kennewick Highlands unit. Sale of surplus power.-Under date of December 15, 1930, the First Assistant Secretary of the Interior held, in connection with the second proviso of the above item, that it was necessary to advertise for competitive bids for the sale by the United States of surplus power generated at the proposed plant to be constructed for the Kennewick Highlands unit, Yakima project. [Riverton project-Power revenues available for commercial systemRestriction on funds for Pilot Butte division-Contract-Sugar factoryBranch railroad.]-Riverton project, Wyoming: For operation and maintenance, $30,000; continuation of construction, $28,000: Provided, That the unexpended balance of the appropriation for continuation of construction, for the fiscal year 1930, shall remain available for the fiscal year 1931: Provided further, That not to exceed $20,000 from the power revenues shall be available during the fiscal year 1931 for the operation and maintenance of the commercial system; in all, $58,000: Provided further, That no part of the funds hereby appropriated for construction purposes shall be available for expenditure on the distribution system, Pilot Butte division, during the fiscal year 1931 until the following conditions have been met. (1) Contract satisfactory to the Secretary of the Interior shall have been executed by the Midvale Irrigation District for repayment of project investments; (2) A sugar factory shall have been constructed on or in the vicinity of the project or definite arrangements made for such construction at an early date; and (3) A branch railroad shall have been constructed or initiated. either from Bonneville or some other suitable point on the Chicago, Burlington & Quincy Railroad, or from Shoshoni or some other suitable point on the Chicago & North Western Railway to Pavillion, Wyoming, or other suitable point in this vicinity. (46 Stat. 308.) SALE OF TEMPORARILY OR PERMANENTLY UNPRODUCTIVE PUBLIC LAND An act to authorize the disposal of public land classified as temporarily or permanently unproductive on Federal irrigation projects. (Act May 16, 1930, ch. 292, 46 Stat. 367) [Sec. 1. Secretary authorized to dispose of vacant public lands.]-That the Secretary of the Interior, hereinafter styled the Secretary, is authorized in connection with Federal irrigation projects to dispose of vacant public lands designated under the act of May 25, 1926, as temporarily unproductive or permanently unproductive to resident farm owners and resident entrymen on Federal irrigation projects, in accordance with the provisions of this act. (46 Stat. 367.) Textual note.-This section codified as section 424, title 43, United States Code, the first word "That" being omitted, "the act of May 25, 1926," reading "sections 423 and 423b of this title," and "this act" reading "sections 424a to 424e of this title." Sec. 2. [Independent appraisal-Limit on area allowed to purchasers— Tracts insufficient to support family.]-That the Secretary is authorized to sell such lands to resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe: Provided, That no such resident farm owner or resident entryman shall be permitted to purchase under this act more than one hundred and sixty acres of such land, or an area which, together with land already owned on such Federal irrigation project, shall exceed three hundred and twenty acres: And provided further, That the authority given hereunder shall apply not only to tracts wholly classified as temporarily or permanently unproductive, but also to all tracts of public lands within Federal irrigation projects which by reason of the inclusion of lands classified as temporarily or permanently unproductive are found by the Secretary to be insufficient to support a family and to pay water charges. (46 Stat. 367.) Textual note.-This section codified as section 424a, title 43, United States Code, the first word "That" being omitted, and "this act" in the seventh line reading "this section and section 424 of this title." Sec. 3. [Secs. 41 and 43 of Adjustment Act applicable to land soldSec. 44 not applicable.]-All "permanently unproductive" and "temporarily unproductive" land now or hereafter designated under the act of May 25, 1926, shall, when sold, remain subject to sections 41 and 43 of the said act. The exchange provisions of section 44 of said act of May 25, 1926, shall not be applicable to the land purchased under this act. (46 Stat. 367.) Textual note.-Codified as section 424b, title 43, United States Code. As codified, the section reads: All "permanently unproductive" and "temporarily unproductive" land now or hereafter designated under section 423 of this title shall, when sold, remain subject to sections 423 and 423b of this title. The exchange provisions of section 423c of this title shall not be applicable to the land purchased under section 424a of this title. NOTE Lease of uncultivated areas to prevent spread of noxious weeds.-No funds have been made available under this act. On the Shoshone project, Wyoming, the water users were contending with noxious weeds on uncultivated areas (classes 5 and 6 lands). Such weeds the settlers found could be best con 428 SALE OF UNPRODUCTIVE PUBLIC LANDS trolled by the pasturing of sheep on the infested areas. Under date of Marcb 25, 1933, the Department held that there is no authority to change the form of withdrawal from second to first with a view to issuance of a license to an irrigation district to pasture sheep on such withdrawn areas, but that there would be no objection to the pasturing of sheep or cattle on such lands where the eradication of noxious weeds is the end in view. Such pasturing would be wholly at the sufferance of the United States and no exclusive right could be conferred. See note entitled "Second-form withdrawn lands may be leased for grazing purposes," following sec. 5, act of June 25, 1910. Sec. 4. [Patent, recital in-Lien for water charges.]-After the purchaser has paid to the United States all amounts due on the purchase price of said land, a patent shall issue which shall recite that the lands so patented have been classified in whole or in part as temporarily or permanently unproductive, as the case may be, under the adjustment act of May 25, 1926. Such patents shall also contain a reservation of a lien for water charges when deemed appropriate by the Secretary and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws. (46 Stat. 367.) Textual note.-Codified as section 424c, title 43, United States Code, "under the adjustment act of May 25, 1926," reading "under section 423 of this title." Sec. 5. [Disposition of funds derived from sale of lands and from water rentals.]-In the absence of a contrary requirement in the contracts between the United States and the water users organization or dis trict assuming liability for the payment of project construction charges, all sums collected hereunder from the sale of lands, from the payment of project construction charges on "temporarily unpro ductive" or "permanently unproductive" lands so sold. and (except as stated in this section) from water rentals, shall inure to the reclamation fund as a credit to the construction charge now payable by the water users under their present contracts, to the extent of the additional expense, if any, incurred by such water users in furnishing water to the unproductive area, while still in that status, as approved by the Commissioner of Reclamation and the balance as a credit to the sums heretofore written off in accordance with said act of May 25, 1926. Where water rental collections hereunder are in excess of the current operation and maintenance charges, the excess as determined by the secretary, shall, in the absence of such contrary contract provision, inure to the reclamation fund as above provided, but in all other cases the water rentals collected under this act shall be turned over to or retained by the operating district or association, where the project or part of the project from which the water rentals were collected is being operated and maintained by an irrigation district or water users association under contract with the United States. (46 Stat. 368.) Textual note.-Codified as section 424d. title 43, United States Code, "said act of May 25, 1926," reading "sections 423 to 423g of this title," and "under this act" reading "under this section and sections 424a to 424c of this title." Sec. 6. [General authority.]—The Secretary of the Interior is authorized to perform any and all acts and to make all rules and regulations necessary and proper for carrying out the purposes of this act. (46 Stat. 368.) Textual note.-Codified as section 424e, title 43, United States Code, "this act" reading "sections 424 to 424d of this title." SIZE OF FARM UNITS ON DESERT-LAND ENTRIES An act to amend section 5 of the act of June 27, 1906, conferring authority upon the Secretary of the Interior to fix the size of farm units on desert-land entries when included within national reclamation projects. (Act June 6, 1930, ch. 502, 46 Stat. 502) [Proviso of section 5, act of June 27, 1906, amended.]-That the proviso to section 5 of the act of June 27, 1906, chapter 3359, Thirtyfourth Statutes, page 520, be amended so as to read as follows: "Provided, That if after investigation the irrigation project has been or may be abandoned by the Government, time for compliance with the desert land law by any such entryman shall begin to run from the date of notice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and improvements theretofore made on any such desert-land entry of which proof has been or may be filed; but if the reclamation project is carried to completion so as to make available a water supply for the land embraced in any such desert-land entry the entryman shall thereupon comply with all the provisions of the aforesaid action (act) of June 17, 1902, and shall relinquish within a reasonable time after notice as the Secretary may prescribe and not less than two years all land embraced within his desert-land entry in excess of one farm unit, as determined by the Secretary of the Interior, and as to such retained farm unit he shall be entitled to make final proof and obtain patent upon compliance with the regulations of said Secretary applicable to the remainder of the irrigable land of the project and with the terms of payment prescribed in said act of June 17, 1902, and not otherwise. But nothing herein contained shall be held to require a desert-land entryman who owns a water right and reclaims the land embraced in his entry to accept the conditions of said reclamation act." Textual note.-Beginning with "Provided" above, this act is codified as section 448, title 43, United States Code, the words "provisions of the aforesaid act of June 17, 1902," changed to "provisions of the reclamation law"; "prescribed in said act of June 17, 1902," changed to "prescribed in this chapter"; and the last word "act" changed to "law." NOTES Effect of act.-The effect of the act is to require a reduction of area of the desert-land entry, in case it is to be perfected under the project, to a farm unit instead of 160 acres as originally provided and to allow the entryman a minimum period of two years within which to make such a reduction. (Instructions of General Land Office (Circular No. 1229) dated July 30, 1930, approved by the department the same date, published at 53 I. D. 151.) This act contemplates that farm units shall be established in the case of all unpatented desert-land entries within the limits of Federal irrigation projects. (C. L. 1928, Jan. 2, 1931.) APPLICATION OF FUNDS COLLECTED FROM DEFAULTING CONTRACTORS OR THEIR SURETIES An act providing for depositing certain moneys into the reclamation fund. (Act June 6, 1930, ch. 410, 46 Stat. 522) [Amounts collected to be covered into reclamation fund.]-That any amounts collected from defaulting contractors or their sureties, including collections heretofore made, in connection with contracts entered into under the reclamation law, either collected in cash or by deduction from amounts otherwise due such contractors, shall be covered into the reclamation fund and shall be credited to the project or operation for or on account of which such contract was made. Textual note. This act is codified as section 401, title 43, United States Code, with the omission of the introductory word "That." NOTE Under the former rulings of the Comptroller General damages collected from defaulting contractors were deposited to the credit of miscellaneous receipts in the Treasury, and not to the reclamation fund. See note entitled "Damages collected not to be credited to reclamation fund," following section 1 of act of June 17, 1902. 430 |