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ADVANCES TO RECLAMATION FUND

Sec. 2. [Issue of certificates of indebtedness authorized—DisposalAggregate limited—Exempt from taxation-Appropriation for preparing. 1-That for the purpose of providing the Treasury with funds for such advances to the reclamation fund, the Secretary of the Treasury is authorized to issue certificates of indebtedness of the United States in such form as he may prescribe and in denominations of $50, or multiples of that sum; said certificates to be redeemable at the option of the United States at any time after three years from the date of their issue and to be payable five years after such date, and to bear interest, payable semiannually, at not exceeding three per centum per annum; the principal and interest to be payable in gold coin of the United States. The certificates of indebtedness herein authorized may be disposed of by the Secretary of the Treasury at not less than "par, under such rules and regulations as he may prescribe, giving all citizens of the United States an equal opportunity to subscribe therefor, but no commission shall be allowed and the aggregate issue of such certificates shall not exceed the amount of all advances made to said reclamation fund, and in no event shall the same exceed the sum of $20,000,000. The certificates of indebtedness herein authorized shall be exempt from taxes or duties of the United States as well as from taxation in any form by or under State, municipal, or local authority; and a sum not exceeding one-tenth of one per centum of the amount of the certificates of indebtedness issued under this act is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expense of preparing, advertising, and issuing the same. (36 Stat. 835.)

Textual note.—Codified as section 398, title 43, United States Code. introductory word "That" is omitted ; and the words in the first sentence reading “such advances to the reclamation fund" are changed to read as follows: "The advances to the reclamation fund, provided for in the preceding section.”

Sec. 3. [One-half of reclamation receipts to be paid into the Treasury.]-That beginning five years after the date of the first advance to the reclamation fund under this act, fifty per centum of the annual receipts of the reclamation fund shall be paid into the general fund of the Treasury of the United States until payments so made shall equal the aggregate amount of advances made by the Treasury to said reclamation fund, together with interest paid on the certificates of indebtedness issued under this act and any expense incident to preparing, advertising, and issuing the same. (36 Stat. 836.)

Textual note.--The substance of this section, with the addition of a proviso based on the amendatory act of June 12, 1917 (40 Stat. 149), is codified as section 399, United States Code.

NOTES

In the code the

Amendment.--Act of June 12, 1917 (40 Stat. 149), amends this section by providing that reimbursement be made from the reclamation fund at the rate of $1,000,000 annually beginning July 1, 1920.

A provision in the first deficiency act of February 6, 1931 (46 Stat. 1069), grants a moratorium of two years, beginning with the fiscal year ending June 30, 1931, in the annual repayment of $1,000,000 to the Treasury. The act of April 1, 1932, extended the commencement of repayment to July 1, 1934. This was further extended by the act of March 3, 1933, which substitutes "1936" for "1934." The Interior Department Appropriation Act for 1937 further extends the commencement of repayment to July 1, 1938.

ADVANCES TO RECLAMATION FUND

115 1

Sec. 4. [Limitation on use of fund-Order of President required for new projects.]—That all money placed to the credit of the reclamation

fund in pursuance of this act shall be devoted exclusively to the ! completion of work on reclamation projects heretofore begun as

hereinbefore provided, and the same shall be included with all other expenses in future estimates of construction, operation, or maintenance, and hereafter no irrigation project contemplated by said act of June seventeenth, nineteen hundred and two, shall be begun unless and until the same shall have been recommended by the Secretary of the Interior and approved by the direct order of the President of the United States. (36 Stat. 836.)

Textual note.--The substance of this section is codified as sections 400 and 413, title 43, United States Code, the part codified as section 413 beginning with "No irrigation project," and continuing to the end.

Cross reference.-See subsection B, section 4, act of December 5, 1924 (43 Stat. 702), regarding new projects or new divisions of projects.

Sec. 5. [No entries allowed until announcement as to units, charges, and date water can be applied.]—That no entry shall be hereafter made and no entryman shall be permitted to go upon_lands reserved for irrigation purposes until the Secretary of the Interior shall have established the unit of acreage and fixed the water charges and the date when the water can be applied and made public announcement of the same. (36 Stat. 836.)

NOTES

Amendments.-Act of February 18, 1911 (36 Stat. 917) ; see notes thereunder.
Section 10, act of August 13, 1914. (38 Stat. 686.)
Act of March 4, 1915. (38 Stat. 1215.)

Purpose of act. --This act was designed to withhold lands within a reclamation project from entry of every character until public announcement of the date when the water could be applied. (Roberts v. Spencer, 40 L. D. 306.)

Existing rights not affected.--Existing entries are not affected by this act, and where settlements have been effected in good faith, prior to June 25, 1910, on lands embraced within second-form withdrawals, persons showing such settlement will be allowed to complete entry thereof in the manner and within the time provided by law. (General Land Office instructions of September 13, 1910, 39 L. D. 202.)

A homestead entry of land within a reclamation project, allowed subsequent to this act, upon an application in all respects regular filed prior to the act, and upon which action was delayed only because of pressure of business in the local office, is not in violation of the provisions of this section. (Charles C. Conrad, 39 L. D. 432.)

Contests.-A successful contestant of an entry within a reclamation withdrawal is not barred of his preference right by this section. The section has the effect to postpone the exercise of such right until the project is so far completed that water can be applied to the land and the Secretary of the Interior has made public announcement of that fact. (Joseph F. Gladieux, 41 L. D. 286.)

Where prior to the regulations of October 15, 1910 (39 L. D. 296), a contest was properly initiated, under then-existing laws and regulations, against an entry within a second-form withdrawal under the reclamation act, and the entry was canceled as a result of such contests after the passage of this act, either prior or subsequent to October 15, 1910, the contestant thereby acquired a preference right of entry to the lands involved, not withstanding the limitations contained in this act, as to entries thereafter allowed for lands within second-form withdrawals, and notwithstanding the said regulations of October 15, 1910, which preference right he is entitled to exercise upon the lands again becoming subject to entry; but contests heretofore dismissed under said regu116

ADVANCES TO RECLAMATION FUND

lations will not be reopened where third parties have acquired rights under such adjudications. (Long v. Lee, 41 L. D. 326.)

See General Land Office circular of October 15, 1910, regarding contests against entries embraced within reclamation withdrawals (39 L. D. 296), amending circular of May 31, 1910 (38 L. D. 620). Also, see Roberts v. Spencer (40 L. D. 306), and Secretary's instructions, September 4, 1912 (41 L. D. 241).

Under the act of June 25, 1910 (36 Stat. 835), as subsequently amended, lands reserved for irrigation purposes are not subject to settlement or entry until the Secretary of the Interior shall have established the unit of acreage per entry and announced that water is ready to be delivered, and no exception to the rule can be made in favor of an applicant who seeks to make an additional entry of such lands in the exercise of a preference right acquired by contest. Section 24 of departmental regulations of May 18, 1916 (45 L. D. 385, 390), are obsolete and inoperative. (Bert Scott, North Platte project, 48 L. D. 85, idem 113.)

See William Warnke (48 L. D. 557), syllabus given under section 10, act August 13, 1914.

See sections 1-4, inclusive, eneral reclamation circular, approved May 18, 1916 (45 L. D. 385).

See General Land Office circular dated June 18, 1921, amending paragraph 16 of general reclamation circular of May 18, 1916, printed at 48 L. D. 154.

Entry of lands withdrawn for irrigation.—The right to enter lands withdrawn under the reclamation act for purposes of irrigation, if the lands were covered by a prior entry, which has since been relinquished, given by act of June 25, 1910, section 5, as amended by act of August 13, 1914, section 10, is not limited to those in privity with the original entryman, through purchase of the relinquishment or otherwise. (U. S. v. Fall (App. D. C., 1921), 276 Fed. 622.)

The proviso of act of June 25, 1910, section 5, as amended by act of August 13, 1914, section 10, making lands reserved for irrigation purposes and relinquished from prior entries subject to entry under the reclamation act, applies only to lands withdrawn under reclamation act of June 17, 1902, section 3, as susceptible of irrigation under a proposed project, and not to lands withdrawn under the latter act, as required for the construction of irrigation works. (Idem.)

Second-form withdrawn lands may be leased for grazing purposes.-In letter of July 8, 1933, to the Commissioner of Reclamation the Secretary ruled that until lands have been opened to entry there is no reason why they may not be leased, the form of withdrawal being unimportant. Statement was made that the distinction formerly made between the two classes of withdrawals was greatly modified by the act of June 25, 1910, which provided that no entry should be made upon lands withdrawn under the reclamation act until the unit of acreage has been established, water charges fixed, and water has become available, etc. (decision re Milk River project).

Sec. 6. [Former provision for expenditures repealed. ]—That section nine of said act of Congress, approved June seventeenth, nineteen hundred and two, entitled “An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands,” is hereby repealed. (36 Stat. 836.)

WITHDRAWAL OF PUBLIC LANDS BY THE PRESIDENT

An act to authorize the President of the United States to make withdrawals of public

lands in certain cases. (Act June 25, ch. 421, 36 Stat. 847)

[Sec. 1. Temporary withdrawals of public lands by the President for irrigation or other public purposes.]—That the President may, at any time in his discretion, temporarily withdraw from settlement, location, sale, or entry any of the public lands of the United States, including the District of Alaska, and reserve the same for waterpower sites, irrigation, classification of lands, or other public purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an act of Congress. (36 Stat. 847.)

Textual note.—This section is codified as section 141, title 43, United States Code, the introductory word “That" being omitted ; and the words "the District of" being omitted.

NOTES

Cross reference.-See notes under section 3, act of June 17, 1902 (32 Stat. 388).

The act of January 26, 1921 (41 Stat. 1089), provides for the sale, when no longer needed, of lands withdrawn pursuant to the above act.

Power site withdrawals.-A withdrawal of public lands for power-site purposes under the provisions of the act of June 25, 1910, is a reservation within the meaning of the act of February 28, 1891, amending sections 2275 and 2276, Revised Statutes. (Department instructions, April 9, 1920. 47 L. D. 361).

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Sec. 3. [Reports of withdrawals to Congress. ]—That the Secretary of the Interior shall report all such withdrawals to Congress at the beginning of its next regular session after the date of the withdrawals. (36 Stat. 848.) Textual note. This section is codified as section 143, title 43, United States Code, the introductory word "That” being omitted.

RESERVATION OF LANDS IN INDIAN RESERVATION FOR POWER

AND IRRIGATION PURPOSES

[Extracts from) An act to provide for determining the heirs of deceased Indians, for the

disposition and sale of allotments of_deceased Indians, for the leasing of all allotments, and for other purposes. (Act June 25, 1910, ch. 431, 36 Stat. 855)

Sec. 13. [Indian reservations-Power, etc., sites may be reservedWhere no project authorized. ]—That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to reserve from location, entry, sale, allotment, or other appropriation any lands within any Indian reservation valuable for power or reservoir sites, or which may be necessary for use in connection with any irrigation project heretofore or hereafter to be authorized by Congress: Provided, That if no irrigation project shall be authorized prior to the opening of any Indian reservation containing such power or reservoir sites the Secretary of the Interior may, in his discretion, reserve such sites pending future legislation by Congress for their disposition, and he shall report to Congress all reservations made in conformity with this act. (36 Stat. 858.)

See 53 I. D. 680. Textual note.-Codified as section 148, title 43, United States Code, with the following changes : The introductory word "That" is omitted ; the words through "authorized" are changed to read "The Secretary of the Interior is authorized"; the words "heretofore or hereafter to be" in the middle of the section are omitted ; and the words "in conformity with this act," at the end of the section, are omitted.

Sec. 14. [Trust allotments—Canceling patents in power sites, etc.— Reimbursing Indians—Lieu allotments. ]—That the Secretary of the Interior, after notice and hearing, is hereby authorized to cancel trust patents issued to Indian allottees for allotments within any power or reservoir site and for allotments or such portions of allotments as are located upon or include lands set aside, reserved, or required within any Indian reservation for irrigation purposes under authority of Congress: Provided, That any Indian allottee whose allotment shall be so canceled shall be reimbursed for all improvements on his canceled allotment, out of any moneys available for the construction of the irrigation project for which the said power or reservoir site may be set aside: Provided further, That any Indian allottee whose allotment, or part thereof, is so canceled shall be allotted land of equal value within the area subject to irrigation by any such project. (36 Stat. 859.)

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See 53 I. D. 680. Textual note.-Codified as section 352, title 25, United States Code, the word That" at the beginning of the section being omitted; and the word “hereby,” in the second line, being omitted.

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