476

FORECLOSURE OF LIENS ON REAL ESTATE

to redeem-United States may ask for foreclosure of its own lien-Sum to be bid at sale.]-Except as herein otherwise provided, a judicial sale made in pursuance of a judgment in such a suit shall have the same effect respecting the discharge of the property from liens and encumbrances held by the United States as may be provided with respect to such matters by the law of the State, Territory, or District in which the land is situated, provided that a sale to satisfy a lien inferior to one of the United States shall be made subject to and without disturbing the lien of the United States, unless the United States, by its attorneys, consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled: And provided further, That where a sale is made to satisfy a lien prior to that of the United States, the United States shall have one year from the date of sale within which to redeem. In any case where the debt owing the United States is due, the United States may ask, by way of affirmative relief, for the foreclosure of its own lien or mortgage and in any case where property is sold to satisfy a first mortgage or first lien held by the United States, the United States may bid at the sale such sum not exceeding the amount of its claim with expenses of sale, as may be directed by the chief of the department, bureau, or other agency of the Government which has charge of the administration of the laws in respect of which the claim of the United States arises.

Textual note.-Codified as section 904, title 28, United States Code.

SEC. 5. [Written request may be made by persons having lien to have same extinguished-Report to Comptroller General-Certificate of release.]-If any person shall have a lien upon any real or personal property, duly filed of record in the jurisdiction in which the property is located, and a junior lien (other than a lien for any tax) in favor of the United States attaches to such property, such person may make a written request to the officer of the United States charged with the administration of the laws in respect of which the lien of the United States arises, to have the same extinguished. If after appropriate investigation, it appears to such officer that the proceeds from the sale of the property would be insufficient to satisfy, in whole or in part, the lien of the United States, or that the claim of the United States has been satisfied, or by lapse of time or otherwise has become unenforceable, such officer shall so report to the Comptroller General who thereupon may issue a certificate of release, which shall operate to release the property from such lien.

Textual note.-Codified as section 905, title 28, United States Code.

SEC. 6. [No judgment for costs against United States United States not liable for payment of costs of any suit.]-No judgment for costs or other money judgment shall be rendered against the United States in any suit or proceeding which may be instituted under the provi sions of this act. Nor shall the United States be or become liable for the payment of the costs of any such suit or proceeding or any part thereof.

Textual note.-Codified as section 906, title 28, United States Code.

WITHDRAWAL OF LANDS FOR PROTECTION OF WATERSHED SUPPLYING WATER TO LOS ANGELES

An act withdrawing certain public lands from settlement, location, filing, entry, or disposal under the land laws of the United States for the protection of the watershed supplying water to the city of Los Angeles and other cities and towns in the State of California, and for other purposes. (Act March 4, 1931, ch. 517, 46 Stat. 1530)

SEC 1. [Description of public lands withdrawn from settlement, location, filing, etc., to protect watersheds supplying water to Los Angeles and other cities and towns.]-That the following-described public lands are hereby withdrawn from settlement, location, filing, entry or disposal under the land laws of the United States for the purpose of protecting the watersheds now or hereafter supplying water to the city of Los Angeles and other cities and towns in the State of California, to wit: (For description see act.)

SEC. 2. [Lands withdrawn to be open to exploration, discovery, etc., and lease under mining or mineral leasing laws, and to acquisition of rights or easements for rights of way-Nothing in act shall affect existing water right or homestead or desert-land claim-Recreational or grazing lands.]-That all lands withdrawn under the provisions of this act shall at all times be open to exploration, discovery, occupation, and purchase permit or lease under the mining or mineral leasing laws of the United States so far as same apply to minerals in said land, and to the acquisition of rights or easements under laws of the United States applicable for rights of way for railroads, highways, reservoirs, ditches, canals, electrical power plants, and transmission lines, telegraph and telephone lines, or other rights of way authorized to be granted under any of the laws of the United States: Provided, That nothing in this act contained shall be construed as affecting any existing valid water right or lawful homestead or desert-land claim heretofore initiated, or upon which any valid settlement has been made and is at the date of this act being maintained and perfected pursuant to law, but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made, and upon the extinguishment of any such claim by cancellation, relinquishment, or otherwise, this withdrawal shall immediately apply to and become effective upon such land: And provided further, That nothing herein contained shall be construed as affecting the use or occupation of any of said withdrawn lands for recreational or grazing purposes under such rules and regulations as the Secretary of the Interior may deem necessary to conserve the natural forage resources of the area.

SPECIAL PROVISIONS OF SECOND DEFICIENCY ACT, FISCAL YEAR

1931

[Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1931, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1931. and June 30, 1932. and for other purposes. (Act March 4, 1931, ch. 522, 46 Stat. 1552)

BUREAU OF RECLAMATION

Advances to the reclamation fund: To carry out the provisions of the act entitled "An act to authorize advances to the reclamation fund, and for other purposes", approved March 3, 1931, $5,000,000.

OUT OF THE RECLAMATION FUND

Milk River project, Montana: For continuation of construction, fiscal years 1931 and 1932, $11,000.

Secondary projects: For continuation of investigations of the Seminole Dam and Reservoir and other possible storage sites and power development in connection with proposed and existing reservoirs on the North Platte River and its tributaries in Wyoming, fiscal years 1931 and 1932, $75,000: Provided, That nothing done in pursuance hereof or under the authority hereof, shall be construed to initiate or enlarge or constitute any water right or appropriation of water, or any priority of appropriation of water whatever.

North Platte project, Nebraska-Wyoming: For the purpose of enabling the Secretary of the Interior to construct rural trunk transmission lines, including necessary transformers, into farm settlements, communities, and municipalities within the North Platte irrigation project, the inhabitants of which are able to finance feeder or distribution systems and to guarantee to the power system a fair measure of profit, not to exceed $30,000 shall be available from the power revenues of the Lingle and Guernsey power plants, North Platte irrigation project. (46 Stat. 1569.)

478

SMITH MEMORIAL TABLET AT ELEPHANT BUTTE DAM

An act authorizing the William Robert Smith Memorial Association of El Paso, Texas, to construct a memorial in honor of William Robert Smith, former Member of Congress from the Sixteenth District of Texas.' (Act February 23, 1932, 47 Stat. 53)

[Tablet authorized to be constructed without cost to United States.]That the William Robert Smith Memorial Association of El Paso, Texas, be, and it is hereby, authorized to construct without cost to the United States a memorial tablet at or near the site of Elephant Butte Dam, New Mexico, in honor of the work of William Robert Smith, former Member of Congress from the Sixteenth District of Texas, in behalf of the Elephant Butte project and of irrigation in the Southwest.

479

MORATORIUM ON CONSTRUCTION CHARGES FOR 1931 AND 1932

An act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law. (Act April 1, 1932, 47 Stat. 75)

[Sec. 1. Construction charges for 1931 suspended; for 1932, 50 percent of amount payable suspended-Interest and penalty-Rate for sale of power, season of 1931.]-That any irrigation district, water-users' association, or other water-users' organization under contract with the United States for payment of construction charges under the act of June 17, 1902 (32 Stat. 388), or acts amendatory thereof or supplementary thereto, including the act of February 21, 1911 (36 Stat. 923) (upon acceptance of this act by resolution of its board of directors or corresponding body), shall be required to make no payment on the regular construction charge for the calendar year 1931, and in lieu of the regular installment of construction charge provided for under existing contracts, may pay for the calendar year 1932 on the basis of 50 per centum of the amount which, but for this act, would be payable under said contracts, such amount to be computed and determined for that year in the manner provided in said contracts and the law applicable thereto. Interest and penalty as now provided by law and contracts for nonpayments when due shall apply on all charges for 1932 adjusted as herein authorized; and otherwise the deferred payments herein authorized shall bear interest until paid at such rate, and shall be paid at such times, as the Secretary of the Interior shall determine: Provided, That in determining the rate for the sale of power during the irrigation season of 1931 to irrigation districts from any power plant operated by the Bureau of Reclamation, interest on the cost of the power system shall not be included as an element, but interest at the rate of 22 per centum per annum shall be included as an element of such rate for the sale of power to such districts during the irrigation season of 1932: And provided further, That the payments for construction charges and interest payments on the cost of the power systems referred to in this act shall not be deemed waived, but only deferred, and shall be paid as provided in this act.

NOTES

A typographical error occurs in the sixth line of this section. The citation following "act of February 21, 1911" should be "(36 Stat. 925)" instead of "(36 Stat. 923)."

Procedure. The Secretary of the Interior fixed the interest rate of 5 percent per annum on deferred payments of construction charges under this act (C. L. 1995). But see act of March 3, 1933, and C. L. 2044. C. L. 1995 and C. L. 2000 outline the procedure to be followed pursuant to this act. By authority of C. L. 2000 partial payments may be made from time to time on deferred charges. C. L. 2039 promulgates Departmental decision regarding nonpayment of annual interest charges when due under this act. C. L. 2060 supplements C. L. 2044.