SUNDRY CIVIL APPROPRIATIONS ACT, 1922 291 [Riverton project, Wyoming-Payments for homestead entries.]—When any land on the project is opened to homestead entry under the terms of the "reclamation law," the entryman shall pay to the United States for the lands the sum of $1.50 per acre as provided in section 2 of the act approved March 3, 1905 (volume 33, Statutes at Large, page 1016), to be credited to the fund established by said act of 1905, together with the proceeds from the sale of town sites established in said project under the "reclamation law." (41 Stat. 1404; 43 U.S.C. § 597) [Contributed funds-Expenditures.]—All moneys hereafter received from any State, municipality, corporation, association, firm, district, or individual for investigations, surveys, construction work, or any other development work incident thereto involving operations similar to those provided for by the reclamation law shall be covered into the reclamation fund and shall be available for expenditure for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes. (41 Stat. 1404; 43 U.S.C. § 395) EXPLANATORY NOTE Popular Name. The above paragraph is Funds Act. popularly referred to as the Contributed 1. Reimbursement NOTES OF OPINIONS Under the authority of the Act of March 4, 1921, 41 Stat. 1404, to accept and expend advances as if appropriated, and the broad authority of Section 9 (c) of the Reclamation Project Act of 1939 to fix the rates at which electric power is sold, the Secretary of the Interior is authorized to enter into a contract with a commercial customer of the Kendrick project whereby the customer advances the cost of constructing the necessary feeder transmission facilities, the Bureau constructs the facilities, and power is sold to the customer at a discount rate until the customer has paid the United States, in the form of the reduced rate plus the advanced funds, the same amount for the power received as it would have paid at standard rates if the Bureau had con structed the facilities with appropriated funds. Dec. Comp. Gen. B-62789 (January 9, 1947). Although there is no authority under the San Luis Act to accept contributed funds from the State of California to expand the capacity of the San Luis Drain from 250 c.f.s. to 1,400 c.f.s., such authority may be found under the Contributed Funds Act, 41 Stat. 1404. The enlargement of the drain to such an extent does not so alter the facility that it would be deemed to be beyond the authority granted to build the drain by the Federal Government. Such contributed funds would have to be furnished in advance of construction. Memorandum of Solicito Barry, April 10, 1964, to Commissioner of Reclamation in re legal issues with respect to the construction of the San Luis Drain, Central Valley Project. EXPLANATORY NOTES Not Codified. The extract shown here regarding American Falls is not codified in the U.S. Code. Legislative History. H.R. 15422, Public Law 389 in the 66th Congress. H.R. Rept. No. 1153. S. Rept. No. 755. H.R. Rept. No. 1355 and H.R. Rept. No. 1418 (conference reports). 292 WATER FOR DELINQUENT APPLICANTS Joint resolution to authorize the Secretary of the Interior, in his discretion, to furnish water to applicants and entrymen in arrears for more than one calendar year of payment for maintenance or construction charges notwithstanding the provisions of section 6 of the act of August 13, 1914. (Pub. Res. 3, May 17, 1921, ch. 7, 42 Stat. 4) [Secretary authorized to furnish water during season of 1921 to applicants or entrymen in arrears more than one calendar year.]—In view of the financial stringency and the low price of agricultural products, the Secretary of the Interior is hereby authorized, in his discretion, after due investigation, to furnish irrigation water on the Federal irrigation projects during the irrigation season of 1921 to water-right applicants or entrymen who are in arrears for more than one calendar year for the payment of any charge for operation and maintenance, or any construction charges and penalties, notwithstanding the provisions of section 6 of the act of August 13, 1914 (Thirty-eighth Statutes, page 686): Provided, That nothing herein shall be construed to relieve any beneficiary hereunder from payments due or penalties thereon required by said act. (42 Stat. 4) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Reference in the Text. The Act of August 13, 1914 (Thirty-eighth Statutes, page 686), referred to in the text, is the Reclamation Extension Act. The Act appears herein in chronological order. Cross References, Relief to Water Users. The Acts of March 31, 1922, 42 Stat. 489, and of February 28, 1923, 42 Stat. 1324, are Acts which provide relief for water users, also. Both acts appear herein in chronological order. Legislative History. H.J. Res. 52, Public Resolution 3 in the 67th Congress. H.R. Rept. No. 26. 293 RELIEF TO WATER USERS An act to authorize the Secretary of the Interior to extend the time for payment of charges due on reclamation projects, and for other purposes. (Act of March 31, 1922, ch. 119, 42 Stat. 489) [Sec. 1. Extension of time for payment of construction charges-Interest on extended charges.]-Where an individual water user or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the act of June 17, 1902 (Thirty-second Statutes, page 388), or any act amendatory thereof or supplementary thereto, is unable to pay any construction charge due and payable in the year 1922 or prior thereto, the Secretary of the Interior is hereby authorized, in his discretion, to extend the date of payment of any such charge for a period not to exceed two years from December 31, 1922: Provided, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior, a detailed, verified statement of his assets and liabilities, an actual inability to make payment at the time the application is made and an apparent ability to meet the deferred charge when the extension expires; also in cases where water for irrigation is available, that the applicant is a landowner or entryman whose land against which the charge has accrued is being actually cultivated: Provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary: And provided further, That each charge so extended shall draw interest at the rate of 6 per centum per annum from its due date in lieu of any penalty that may now be provided by law, but in case such charge is not paid at the end of such extension period, any penalty that would have been applicable save for such extension, shall attach from the date the charge was originally due the same as if no extension had been granted. (42 Stat. 489) 294 RELIEF TO WATER USERS to irrigation districts in amended contracts under the Act of May 15, 1922; but extensions of time to water users' associations may be granted only under the terms of the Act of March 31, 1922, as amended. Solicitor Edwards Opinions, M-11120 and M12181 (April 17, 1924). Sec. 2. [Secretary authorized to furnish water to landowners or entrymen in arrears in payment of operation and maintenance or construction charges.]— The Secretary of the Interior is hereby authorized, in his discretion, after due investigation, to furnish irrigation water on Federal irrigation projects during the irrigation seasons of 1922 and 1923 to landowners or entrymen who are in arrears for more than one calendar year in the payment of any operation and maintenance or construction charges, notwithstanding the provisions of section 6 of the act of August 13, 1914 (Thirty-eighth Statutes, page 686): Provided, That nothing in this section shall be construed to relieve any beneficiary hereunder from payments due or penalties thereon required by said act: Provided further, That the relief provided by this section shall be extended only to a landowner or entryman whose land against which the charges have accrued is actually being cultivated. (42 Stat. 490) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. 1923 Amendment. Section 4 of the Act of February 28, 1923, 42 Stat. 1325, amended section 2 by striking the words "season of 1922" where they appeared in the section and inserting in lieu thereof the words "seasons of 1922 and 1923". The 1923 Act appears herein in chronological order. 1923 Modification. Sections 2 and 3 of the Act of February 28, 1923, 42 Stat. 1324, 1325, which appears herein in chronological order, modified this Act. These sections read as follows: "Sec. 2. That the Secretary of the Interior is authorized, in the manner and subject to the conditions imposed by such act of March 31, 1922, to extend for a period not exceeding two years from December 31, 1922, the date of any payment of any charge the date of payment of which has been extended under the provisions of section 1 of such act. "Sec. 3. That every charge, the date of payment of which is extended under the provisions of section 2 of this act, shall draw interest at the rate of 6 per centum per 1. Payment of charges annum from the date from which it was so extended in lieu of any penalty that may now be provided by law, but in case such charge is not paid at the end of the period for which it is so extended any such penalty shall attach from the date the charge was originally due, as if no extension had been granted.' Reference in the Text. The Act of August 13, 1914 (Thirty-eighth Statutes, page 686), referred to in section 2, is the Reclamation Extension Act. The Act appears herein in chronological order. Cross Reference, Water for Delinquent Applicants. The Act of May 17, 1921, 42 Stat. 4, authorized the Secretary of the Interior to furnish irrigation water during the 1921 season to water-right applicants or entrymen who were in arrears for more than one calendar year for the payment of operation and maintenance or construction charges. The Act appears herein in chronological order. Legislative History. H.R. 9606, Public Law 185 in the 67th Congress. H.R. Rept. No. 709. H.R. Rept. No. 814 (conference report). NOTE OF OPINION The provisions of this act, which affords relief to settlers on reclamation projects with reference to operation and maintenance charges, simply relax the requirements of section 6 of the Act of August 13, 1914, by permitting the Secretary of the Interior, in his discretion, to furnish irriga tion water, during the time specified therein, to landowners or entrymen who are in arrears for more than one calendar year, and nothing contained therein authorizes the extension of time for the payment of such charges. Lower Yellowstone Irrigation Districts Nos. 1 and 2, 49 L.D. 301 (1922). 295 AMEND PATENTS TO DISABLED SOLDIER ENTRYMEN ACT An act to amend the act of March 1, 1921 (Forty-first Statutes, page 1202), entitled "An act to authorize certain homestead settlers or entrymen who entered the military or naval service of the United States during the war with Germany to make final proof of their entries." (Act of April 7, 1922, ch. 125, 42 Stat. 492) [Homestead and desert-land entrymen, incapacitated in World War, may make final proof and receive patent without further reclamation.]—The act approved March 1, 1921 (Forty-first Statutes, page 1202), [is] amended to read as follows: "That any bona fide settler, applicant, or entryman under the homestead laws of the United States, or any desert-land entryman whose entry is subject to the provisions of the act of June 17, 1902 (Thirty-second Statutes, page 388), who, after settlement, application, or entry, and prior to November 11, 1918, enlisted or was actually engaged in the United States Army, Navy, or Marine Corps during the war with Germany, who has been honorably discharged and because of physical incapacities due to the service is unable to return to the land, may make final proof, without further residence, improvement, cultivation, or reclamation, at such time and place as may be authorized by the Secretary of the Interior, and receive patent to the land by him so entered or settled upon, subject to the provisions of the act or acts under which such settlement or entry was made: Provided, That no such patent shall issue prior to the conformation of the entry to a single farm unit, as required by the act of August 13, 1914 (Thirty-eighth Statutes, page 686): And provided further, That this act shall not be construed to exempt or relieve such applicant or entryman from payment of any lawful fees, commissions, purchase moneys, water charges, or other sums due to the United States, or its successors in control of the reclamation project, in connection with such lands." (42 Stat. 492; 43 U.S.C. § 238) EXPLANATORY NOTES Reference in the Text. The Act of August 13, 1914 (Thirty-eighth Statutes, page 686), referred to in the text, is the Reclamation Extension Act. The Act appears herein in chronological order. Editor's Note, Annotations. Annotations of opinions, if any, are found under the act of March 1, 1921. Legislative History. H.R. 8815, Public Law 188 in the 67th Congress. H.R. Rept. No. 500. S. Rept. No. 519. |