DISPOSAL OF PROCEEDS OF SALES OF PROPERTY AND REFUNDS OF MONEY

An act to provide for the covering into the reclamation fund certain proceeds of sales of property purchased by the reclamation fund. (Act March 3, 1905, ch. 1459, 33 Stat. 1032)

[Sec. 1. Proceeds from certain sales and refunds to be covered into the reclamation fund.]-That there shall be covered into the reclamation fund established under the act of June seventeenth, nineteen hundred and two, known as the reclamation act, the proceeds of the sales of material utilized for temporary work and structures in connection with the operations under the said act, as well as of the sales of all other condemned property which had been purchased under the provisions thereof, and also any moneys refunded in connection with the operations under said reclamation act. (33 Stat. 1032.)

Textual note.-This act is codified as section 393, title 43, United States Code, with the following changes: The introductory word "That" is omitted; the words beginning with "established," second line, and ending with "reclamation act," third line, are omitted; "said act" in fifth line reads "reclamation law"; and "said reclamation act" in the last line reads "the reclamation law."

NOTES

Cross reference.-See act of June 6, 1930 (46 Stat. 522). Act does not operate retrospectively. This act only relates to and affects such moneys as have been and shall be derived from the specified sources after the passage of the act and moneys so derived prior to its passage but which had not been deposited in the Treasury to the credit of some other fund. It does not operate retrospectively. (12 Comp. Dec. 297.)

Refunds and proceeds not credited to projects.-Moneys received by the Reclamation Service (Bureau of Reclamation) both as refunds and as proceeds of sales of material and property that have served their purpose in connection with reclamation projects must be credited to the reclamation fund generally and not to the particular appropriation made therefrom for the project from which the refunds or sales arose. Such application will not work to the detriment of the water users on any particular project, since the matter of the net cost of any such project and hence the amount to be paid by the water users as reimbursement of the Government for such cost is to be determined by the Interior Department quite independently of the question as to what particular public fund is to be credited with refunds or sales arising in connection with the project. (22 Comp. Dec. 54.)

Receipts from sales of certain commissary supplies.-Where funds paid to the Reclamation Service (Bureau of Reclamation) pursuant to contract by an irrigation company to cover the cost of work being done by that service for the benefit of said company are expended for commissary and other supplies, which are resold during the progress of the work, the receipts from such resales are to be applied to the completion of the work and are not to be covered into the reclamation fund. (22 Comp. Dec. 289.)

Moneys forfeited by bidders.-Moneys forfeited by successful bidders for work under the Reclamation Service (Bureau of Reclamation) because of failure to perform the award should, under the provisions of this act, be covered into the Treasury to the credit of the reclamation fund. (12 Comp. Dec. 297.)

DISPOSAL OF PROCEEDS OF SALES OF PROPERTY-REFUNDS

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See note under section 1 of the act of June 17, 1902, entitled "Damages collected not to be credited to reclamation fund."

Refund of money paid on proposed construction of railway line. The Great Northern Railway Co. paid the United States the estimated construction charges on a small acreage of land on the Teton Division of the Sun River project, over which land the company proposed to construct a railway line under the act of March 3, 1875 (18 Stat. 482). Neither the Teton Division nor the line of road was constructed, and the grant to the company was forfeited by court decree. The railway company made an application for refund of the construction charges paid. The Comptroller General in decision of October 7, 1932 (A-43217) refused to make the refund on the ground that such refund was prohibited by section 1 of the act of Congress of March 26, 1908 (35 Stat. 48), as amended by the act of December 11, 1919, 41 Statute 366, permitting the return of filing fees and commissions in connection with public land entries, etc., only when the entry is rejected, not when it is allowed.

Erroneous deposit in Treasury.-When moneys appropriated by Congress for a particular purpose have been erroneously covered into the Treasury to the credit of the unappropriated surplus, the error may be corrected by withdrawing the moneys from the Treasury and re-covering them into the credit of the appropriation to which Congress directed they should belong. The proceeds of sales of property belonging to the Reclamation Service (Bureau of Reclamation) required by this act to be covered into the Treasury to the credit of the reclamation fund form a part of the appropriation for the Reclamation Service (Bureau of Reclamation), and those erroneously covered into the Treasury as "proceeds of Government property" may be withdrawn from the Treasury and re-covered into the credit of the reclamation fund. (12 Comp. Dec. 733.) Miscellaneous.-J. D. Mell et al., 50 L. D. 314.

C. L. 827, June 17, 1919, regarding increase of compensation.

DAMS ACROSS YELLOWSTONE RIVER, MONT.

An act to authorize the Secretary of the Interior to construct dams across the Yellowstone River at Montana in connection with irrigation works. (Act March 3, 1905, ch. 1476, 33 Stat. 1045)

[Sec. 1. Construction of dams authorized.]-That where, in carrying out projects under the provisions of the national reclamation act, it shall be necessary to construct dams in or across the Yellowstone River in the State of Montana, the Secretary of the Interior is hereby authorized to construct and use and operate the same in the manner and for the purposes contemplated by said reclamation act. (33 Stat. 1045.)

Textual note.-This act is codified as section 422, title 43, United States Code. In the code the word "That" at the beginning of the act is omitted; "national reclamation act" in the second line reads "reclamation law"; and "said reclamation act" in the last line reads "said reclamation law."

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YAKIMA INDIAN IRRIGABLE LANDS SUBJECTED TO RECLAMATION LAW

An_act authorizing the disposition of surplus and allotted lands on the Yakima Indian Reservation, in the State of Washington, which can be irrigated under the act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation act, and for other purposes. (Act March 6, 1906, ch. 518, 34 Stat. 53)

[Sec. 1. Withdrawal of irrigable lands for reclamation.]-That if within the limits of the Yakima Indian Reservation, in the State of Washington, as described in the act approved December twentyfirst, nineteen hundred and four, entitled "An act to authorize the sale and disposition of surplus or unallotted lands of the Yakima Indian Reservation, in the State of Washington," there shall be found surplus or unallotted lands under irrigation projects deemed practicable and undertaken under the provisions of the act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation act, the Secretary of the Interior is hereby authorized to exclude from the provisions of said act of December twentyfirst, nineteen hundred and four, such surplus or unallotted lands which can be irrigated under such projects and to dispose of the same in the manner hereinafter provided, and he is further authorized to make withdrawals of such lands for the purposes provided in said reclamation act. (34 Stat. 53.)

Sec. 2. [Lands subject to homestead entries-Payments-ForfeituresCanceled entries.]-That the irrigable surplus and unallotted lands in any such projects shall be subject to homestead entry under all the provisions of the reclamation act at such time as may be fixed by the Secretary of the Interior and at a price determined by appraisal, as provided in said act of December twenty-first, nineteen hundred and four. Payments for the land shall be made in annual installments, the number and time of beginning being fixed by the Secretary of the Interior, and shall be deposited in the Treasury of the United States and credited to the Yakima Indian fund, and disposed of as provided by section four of the said act of December twentyfirst, nineteen hundred and four. Such payments shall be in addition to the charges for construction and maintenance of the irrigation system made payable into the reclamation fund by the provisions of the reclamation act. In case of failure to make any payment for such lands when due the Secretary of the Interior shall have power to cancel the entry and the corresponding water right and declare forfeited to the said Yakima Indian fund and the reclamation fund, respectively, the amounts paid on such entry and water right. The lands embraced within such canceled entry shall be subject to further entry under the reclamation act at the appraised value until otherwise directed by the President, who may by proclamation, as provided by said act of December twenty-first, nineteen hundred and

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four, from time to time, fix such price as he may deem most advantageous upon all lands within such projects not disposed of. (34 Stat. 53.)

Sec. 3. [Disposal of allotted irrigable lands-Payments Forfeiture. ]That if any lands heretofore allotted or patented to Indians on said Yakima Indian Reservation shall be found irrigable under any project, the Secretary of the Interior is hereby authorized, upon the request or with the consent of such allottee or patentee, to dispose of all land in excess of twenty acres in each case, in tracts of an area approved by him and subject to all the provisions of the reclamation act to any person qualified to acquire water rights under the provisions of the reclamation act at a price satisfactory to the allottee or patentee and approved by the Secretary of the Interior, or at public sale to the highest bidder. The payments shall be made in annual installments, the number and terms being approved by the Secretary of the Interior. Such payments shall be in addition to the charges for construction and maintenance of the irrigation system made payable into the reclamation fund by the provisions of the reclamation act. In case of failure to make any payment for such lands when due, or the charges under the reclamation act, the Secretary of the Interior shall have power to cancel the entry and the corresponding water right and again dispose of the land in the manner hereinbefore provided. (34 Stat. 54.)

NOTE

Limit of Indian ownership.-This act fixes 20 acres as the unit for Indian ownership to be irrigated by the waters of a project, and if an Indian desires to accept the benefits of the act and place his surplus lands under the control of the Government to be sold for his benefit, he can do so only upon the condition that he will retain 20 acres thereof, and no more, for which a water right shall be secured to him, appurtenant to the land and subject to the same charge for construction and annual charge for maintenance as other lands under the project. (Op. Asst. Atty. Gen., 35 L. D. 110.)

[Sec. 4. Use of proceeds of sales-Balance credited to individual Indians.]-That from the payments received from the sale of such individual Indian lands there shall be covered into the reclamation fund the amounts fixed by the Secretary of the Interior as annual charges on account of the land retained by such Indian for the construction and maintenance of the irrigation system, as required under the reclamation act. The balance, if any, shall be deposited in the Treasury of the United States to the credit of the individual Indians, and may be paid to any of them if, in the opinion of the Secretary of the Interior, such payments will tend to improve the condition and advance the progress of said Indians, but not otherwise. (34 Stat. 54.)

Sec. 5. [Payment of water charges-Water supply-Perpetual water rights-Use of funds.]—That the Secretary of the Interior is hereby authorized to cover into the reclamation fund from the money of any such Indian, either from his individual credit or from the general Yakima Indian fund, for the payment of charges for construction and maintenance, for the water rights appurtenant to the land retained by him, or for the annual maintenance charges payable