EXCHANGE OF LANDS ON KLAMATH PROJECT

An act providing for an exchange of lands between the Colonial Realty Company and the United States, and for other purposes. (Act March 23, 1933, 48 Stat. 1295)

[Sec. 1. Patent to issue to Colonial Realty Co. conveying lands on Tule Lake division, in exchange for seeped and unproductive lands, as determined by the Secretary.]-That upon execution and delivery by the Colonial Realty Company of a deed conveying to the United States, title in fee, free of incumbrance, to approximately one thousand four hundred and twenty acres of seeped and unproductive lands, as determined by the Secretary of the Interior, in sections 20, 21, 22, 25, 27, 28, 31, 32, 33, and 34, township 39 south, and section 3 of township 40 south, range 9 east, Willamette meridian, Oregon, Klamath project, or to such portion thereof as said company may elect so to convey, the said Secretary is hereby authorized and directed to issue a patent to the Colonial Realty Company, conveying to said company title to approximately an equivalent amount of public lands on the Tule Lake division of the Klamath project in Oregon-California to be selected and designated by said company from available lands in that division: Provided, That in order to avoid the expense of additional surveys, and since many of the tracts to be conveyed to the United States are designated as lots by public land surveys and for this reason the subdivisions contain areas both less than and in excess of legal subdivision, the areas conveyed to the Government and the areas patented by the Government need be only approximately of the same acreage: Provided further, That should any legal subdivision of the lands herein described consist of more than 50 per centum of unproductive land the whole subdivision may, at the option of said company, be conveyed to the United States, with the right of exchange of an equivalent area as herein authorized.

SEC. 2. [Water-right charges to be same as those for similar lands in district.]-The water-right charges payable by said company or its successor on the Tule Lake lands patented pursuant to this act shall be the same as those fixed for similar lands in that district and shall be subject to payment in the same manner.

NOTES

In decision M-28305, the Department held that the deed tendered by the Colonial Realty Co. covering lands to be exchanged was properly executed, and that a corrected deed eliminating the unacceptable lands and correcting certain minor defects in the title, would be acceptable. (Decision of Solicitor approved by Acting Secretary February 27, 1936.

See memorandum of February 24, 1936, approved by Secretary March 3, 1936.

88508-37-34

SPECIAL PROVISION OF AGRICULTURAL ADJUSTMENT [FARM RELIEF] ACT OF 1933

[Extract from] An act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes. (Act May 12, 1933, 48 Stat. 31.)

*

SEC. 37. [Advance of funds to reclamation fund by Reconstruction Finance Corporation.]-The Reconstruction Finance Corporation, upon request of the Secretary of the Interior, is authorized and empowered to advance from funds made available by section 2 of the act of January 2, 1932 (47 Stat. L. 5), to the reclamation fund created by the act of June 17, 1902 (32 Stat. L. 388), such sum or sums as the Secretary of the Interior may deem necessary, not exceeding $5,000,000, for the completion of projects or divisions of projects now under construction, or projects approved and authorized. Funds so advanced shall be repaid out of any receipts and accretions accruing to the reclamation funds within such time as may be fixed by the Reconstruction Finance Corporation, not exceeding five years from the date of advance, with interest at the rate of 4 per centum per annum. Sums so advanced may be expended in the same way as other moneys in the reclamation fund.

NOTES

The portion of section 2 of the act of January 2, 1932 (47 Stat. L. 5), mentioned above making funds available to the Reconstruction Finance Corporation, reads as follows:

The corporation shall have capital stock of $500,000,000, subscribed by the United States of America, payment for which shall be subject to call in whole or in part by the board of directors of the corporation.

There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $500,000,000, for the purpose of making payments upon such subscription when called, etc.

Reclamation law controlling in expenditure of funds.-In decision A-49325 dated June 24, 1933, the Comptroller General ruled that while the funds made available under section 37 of the act of May 12, 1933, may be used for the proj ects authorized, approved, and appropriated for, the provisions of section 16 of the act of August 13, 1914 (38 Stat. 690), must be given effect, and to the extent that said act of 1914 prohibits the use of funds in the reclamation fund in excess of those appropriated for, the provisions of said act are controlling.

522

SPECIAL PROVISION OF THE THIRD DEFICIENCY ACT, FISCAL YEAR 1933

[Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, and for other purposes. (Act May 29, 1933, 48 Stat. 97)

Palo Verde Valley, California: The unexpended balance of the appropriation of $50,000 for the protection of Palo Verde Valley, California, contained in the Second Deficiency Act, fiscal year 1932, approved July 1, 1932, shall remain available for the same purposes during the fiscal year 1934.

SHORT TITLE

This act may be cited as the "Third Deficiency Act, fiscal year 1933."

523

CREDITS ON CHARGES PAID ON LAND TO BE CONVEYED TO UNITED STATES, KLAMATH PROJECT

An act giving credit for water charges paid on damaged land. (Act June 14, 1933, 48 Stat 1300)

[Credits on construction and operation and maintenance charges.]— That all construction charges heretofore paid by owners on lands to be conveyed to the United States of America pursuant to the act of Congress approved March 23, 1933 (S. 156, Seventy-third Congress), shall be transferred as a credit to the lands to be so patented

the United States, and all payments of operation and maintenance charges with penalty and interest heretofore made on such of the lands to be conveyed as were not, in the determination of the Secretary of the Interior, during the period for which payment was made, susceptible of successful cultivation by reason of seepage, alkalinity, or other causes not within the control of the owners of such land, shall be allowed as credits on future construction, operation, and maintenance charges on the lands retained or those to be patented by the United States pursuant to the act of Congress approved March 23, 1933 (S. 156, Seventy-third Congress). Like credit shall also be given the irrigation district for all the charges heretofore paid by it on such lands and for which the owners of said lands have not in turn reimbursed the irrigation district.

524

NOTE

On May 27, 1935, the United States Supreme Court held the National Industrial Recovery Act unconstitutional. (United States v. Schechter Poultry Co., 295 U. S. 495.)

SPECIAL PROVISIONS OF NATIONAL INDUSTRIAL RECOVERY ACT [Extract from] An act to encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works, and for other purposes. (Act June 16, 1933, 48 Stat. 195.)

SECTION 1. A national emergency productive of widespread unemployment and disorganization of industry, which burdens interstate and foreign commerce, affects the public welfare and undermines the standards of living of the American people, is hereby declared to exist. It is hereby declared to be the policy of Congress to remove obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof; and to provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among trade groups, to induce and maintain united action of labor and management under adequate governmental sanctions and supervision, to eliminate unfair competitive practices, to promote the fullest possible utilization of the present productive capacity of industries, to avoid undue restriction of production (except as may be temporarily required), to increase the consumption of industrial and agricultural products by increasing purchasing power, to reduce and relieve unemployment, to improve standards of labor, and otherwise to rehabilitate industry and to conserve natural resources.

Textual notes.-Title I of this act is codified as "sections 701-712, title 15, United States Code."

TITLE II-PUBLIC WORKS AND CONSTRUCTION PROJECTS

NOTE

The Federal Emergency Administration of Public Works, established under title II of the National Industrial Recovery Act, was continued until June 30, 1937, by sec. 12 of the Emergency Relief Appropriation Act of 1935, approved April 8, 1935, 49 Stat. 115.