451 UNPLATTED PORTIONS OF TOWN SITES An act to authorize the disposition of unplatted portions of Government town sites on irrigation projects under the reclamation act of June 17, 1902, and for other purposes. (Act of March 2, 1929, ch. 541, 45 Stat. 1522) [Sec. 1. Authority to appraise and sell unplatted portions of town sites created under Act of April 16, 1906-Patents.]-The Secretary of the Interior is hereby authorized, in his discretion, to appraise, and sell, at public auction, to the highest bidder, from time to time, under such terms as to time of payment as he may require, but in no event for any longer period than 5 years, any or all of the unplatted portions of Government town sites created under the act of April 16, 1906 (34 Stat. 116), on any irrigation project constructed under the act of June 17, 1902 (32 Stat. 388), or acts amendatory thereof or supplementary thereto: Provided, That any land so offered for sale and not disposed of may afterwards be sold, at not less than the appraised value, at private sale, under such regulations as the Secretary of the Interior may prescribe. Patents made in pursuance of such sale shall convey all the right, title, and interest of the United States in or to the land so sold. (45 Stat. 1522; Act of February 14, 1931, 46 Stat. 1107; 43 U.S.C. § 571) EXPLANATORY NOTES 1931 Amendment. The Act of February 14, 1931, 46 Stat. 1107, amended section 1 by deleting the words "for cash" which followed the phrase "from time to time," and by inserting in lieu thereof the words "under such terms as to time of payment as he may require, but in no event for any longer period than 5 years". The 1931 Act appears herein in chronological order. Reference in the Text. The Act of April 16, 1906 (34 Stat. 116), referred to which appears herein in chronological order. Sec. 2. [Proceeds of sales to be disposed of in accordance with Act of December 5, 1924.]-The net proceeds of such sales after deducting all expenditures on account of such lands, and the project construction charge, for the irrigable area of the lands so sold where irrigation or drainage works have been constructed or are proposed to be constructed, shall be disposed of as provided in Subsection I of section 4 of the act of December 5, 1924 (Forty-third Statutes, page 672). Where the project construction charge shall not have been fixed at the date of any such sale, same shall be estimated by the Secretary of the Interior. (45 Stat. 1522; 43 U.S.C. § 572) EXPLANATORY NOTE Reference in the Text. Subsection I of section 4 of the Act of December 5, 1924 (Forty-third Statutes, page 672), referred to in the text, deals with the distribution of the profits from projects taken over by the water users. The Act is the Fact Finder's Act, which appears herein in chronological order. Sec. 3. [Reclamation funds to be appropriated for expenses of appraisement and sale-Secretary to make rules and regulations.]—Reclamation funds are authorized to be appropriated for use in defraying the necessary expenses of ap 452 UNPLATTED PORTIONS OF TOWN SITES praisement and sale of the lands herein authorized to be sold, and the Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as, in his opinion, may be necessary and proper for carrying out the purposes of this act. (45 Stat. 1522; 43 U.S.C. § 573) EXPLANATORY NOTE Legislative History. H.R. 16082, Public Law 967 in the 70th Congress. H.R. Rept. No. 2264. S. Rept. No. 1857 (on S. 5482). 453 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1930 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1930, and for other purposes. (Act of March 4, 1929, ch. 705, 45 Stat. 1562) * [Boise project-Application of revenues from operation of Black Canyon power plant.]* * * Provided,-Repealed. EXPLANATORY NOTE Proviso Repealed. Section 3 of the Act of August 24, 1954, 68 Stat. 794, repealed the proviso in the item relating to the Boise project, which read as follows: "Provided, That all net revenues derived from the operation of the Black Canyon power plant shall be applied to the repayment of the construction cost: First, of the Deadwood Reservoir; second, the Black Canyon power plant and power system; and third, one-half the cost of the Black Canyon Dam, until the United States shall have been reimbursed for all expenditures made incident thereto. Thereafter all net revenues shall be covered into the reclamation fund unless and until otherwise directed by Congress. No charge shall be made against any irrigation district for the cost of construction of the said Deadwood Reservoir, the Black Canyon power plant and power system, or more than one-half of the cost of the Black Canyon Dam." Additionally, the 1954 Act repealed the last three provisos to the portion of the Act of June 5, 1924, relating to the Boise project. Extracts from the 1924 Act, including the portion relating to the Boise project, and the full text of the 1954 Act, appear herein in chronological order. [Sun River project-Control by water users.]-Sun River project, Montana: *** Provided further, That on or before July 1, 1929, notice shall be given by the Secretary of the Interior requiring the water users to assume the control of the constructed works on January 1, 1931, and to commence payment of construction charges in accordance with the contract of June 22, 1926, between the United States and the Greenfields irrigation district. (45 Stat. 1591) [Newlands project-Test wells in Truckee Meadows.]-Newlands project, Nevada: That such portion as may be necessary of the unexpended balance of the appropriation of $50,000 for the survey and examination of water storage reservoir sites on the headwaters of the Truckee and Carson Rivers, made available under the provisions of the second deficiency act, 1928 (Public, Numbered 563, Session Laws, first session, Seventieth Congress, page 902, Newlands project, Nevada), shall also be available for the boring of test wells in the Truckee Meadows, Washoe County, near the city of Reno, Nevada. (45 Stat. 1591) [Carlsbad project-Avalon Reservoir-Contract with A. T. and S. F. Ry.]— Carlsbad project, New Mexico: *** Provided, That no part of the appropriation of $250,000 contained in the act of May 29, 1928 (45 Stat., p. 902), for beginning the enlargement of Avalon Reservoir shall be available until contract is entered into between the Secretary of the Interior and the Atchison, Topeka and Santa Fe Railway System, whereby said system agrees to pay one-half of the 454 INTERIOR DEPARTMENT APPROPRIATION ACT, 1930 cost of relocating the tracks and right of way of said system where made necessary by said enlargement of the reservoir. (45 Stat. 1591) [Shoshone project-Application of net revenues from Shoshone power plant.]-Shoshone project, Wyoming: *** Provided further, That the net revenues from the operation of the Shoshone power plant shall be applied, first, to the repayment of the construction cost of the power system; second, to the repayment of the construction cost of the Shoshone Dam; and third, thereafter such net revenues shall be covered into the reclamation fund. (45 Stat. 1592) EXPLANATORY NOTES 1938, 1949 and 1954 Modifications. The Act of April 9, 1938, 52 Stat. 210, section 3 of the Act of October 27, 1949, 63 Stat. 941, 942, and the Act of July 14, 1954, 68 Stat. 471, modify these provisions for the application of Shoshone project power revenues. These Acts appear herein in chronological order. Cross Reference, Annual Appropriation Acts. For a number of years the annual appropriation acts made funds from power 1. Disposition of power revenues revenues of the Shoshone project available for operation and maintenance of the commercial system, as explained in the note under the Act of March 7, 1928, 45 Stat. 230. Cross Reference, Sale of Facilities. The Act of May 14, 1930, 46 Stat. 309, authorizes the sale of power facilities no longer needed for the Shoshone project. The Act appears herein in chronological order. NOTES OF OPINIONS The Act of March 4, 1929, prevents the Department from applying any of the net power revenues of the Shoshone power plant to a reduction of the annual charges due from the Shoshone Irrigation District to the United States in accordance with the provisions of subsection I of the Fact Finders' Act of December 5, 1924. Solicitor Finney Opinion, 53 I.D. 427 (1931). The Act of March 4, 1929, relating to the disposition of Shoshone power revenues, is clearly within the constitutional power of Congress to enact. If the Act impairs any contract rights of the plaintiff under a prior contract, its remedy for recovery is in recourse to the Court of Claims. An action for a writ of mandamus to compel the Secretary of the Interior to determine and credit to the plaintiff annually a portion of the power revenues will not lie, both because this is in the nature of a suit for specific performance of a contract to which the United States has not given its consent, and because the matter is so completely within the discretion of the Secretary as to forbid interference by writ of mandamus. United States ex rel. Shoshone Irr. Dist. v. Ickes, 70 F. 2d 771 (D.C. Cir. 1934), cert. denied 293 U.S. 571 (1934). EXPLANATORY NOTES Not Codified. Extracts from this Act shown here are not codified in the U.S. Code. Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts appear herein only in the act in which first used. Legislative History. H.R. 15089, Public Law 1033 in the 70th Congress. H.R. Rept. No. 1938. S. Rept. No. 1355. H.R. Rept. No. 2025 (conference report). 455 DELIVER WATER, UNCOMPAHGRE PROJECT Joint resolution to authorize the Secretary of the Interior to deliver water during the irrigation season of 1930 on the Uncompahgre project, Colorado. (Pub. Res. No. 62 [S.J. Res. 151], April 12, 1930, ch. 143, 46 Stat. 163) [Economic study on Uncompahgre project-Delivery of water to those paying one annual installment of construction charge and current operation and maintenance charges.]-Whereas an economic study is now in progress on the Uncompahgre project, Colorado, constructed and operated under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, looking to the adjustment of water-right charges and the execution of a new contract with the water users of that project, and Whereas the necessary action cannot be completed before the beginning of the irrigation season of 1930; Now, therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to deliver water during the irrigation season of 1930 to any water user on the Uncompahgre project, Colorado, who pays or causes to be paid, in the manner and at the time prescribed by said Secretary, one regular annual installment of construction charge and the current operation and maintenance charges, notwithstanding any delinquencies. (46 Stat. 163) EXPLANATORY NOTES Not Codified. This Public Resolution is not codified in the U.S. Code. Legislative History. S.J. Res. 151, Public Resolution 62 in the 71st Congress. H.R. |