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AMEND SECTION 43, OMNIBUS ADJUSTMENT ACT

An act to amend section 43 of the act of May 25, 1926, entitled "An act to adjust waterright charges, to grant certain other relief on the Federal irrigation projects, and for other purposes." (Act of April 23, 1930, ch. 205, 46 Stat. 249)

[Suspension of construction charges against areas temporarily unproductive-Payments made credited to construction charge-Credits-Delivery of water-Permanently unproductive lands.]-Section 43 of the act of May 25, 1926, entitled "An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes" (Forty-fourth Statutes, page 636) be, and the same is hereby, amended to read as follows: "SEC. 43. The payment of all construction charges against said areas temporarily unproductive shall remain suspended until the Secretary of the Interior shall declare them to be possessed of sufficient productive power properly to be placed in a paying class, whereupon payment of construction charges against such areas shall be resumed or shall begin, as the case may be. Any payments made on such areas shall be credited to the unpaid balance of the construction charge on the productive area of each unit. Such credit shall be applied on and after the passage and approval of this act, which shall not be construed to require revision of accounts heretofore adjusted under the provisions of this section as originally enacted. While said lands so classified as temporarily unproductive and the construction charges against them are suspended, water for irrigation purposes may be furnished upon payment of the usual operation and maintenance. charges, or such other charges as may be fixed by the Secretary of the Interior the advance payment of which may be required, in the discretion of the said Secretary. Should said lands temporarily classed as unproductive, or any of them, in the future be found by the Secretary of the Interior to be permanently unproductive, the charges against them shall be charged off as a permanent loss to the reclamation fund and they shall thereupon be treated in the same manner as other permanently unproductive lands as provided in this act except that no refund shall be made of the construction charges paid on such unproductive areas and applied as a credit on productive areas as herein authorized." (46 Stat. 249; 43 U.S.C. § 423b)

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions, if any, are found under section 43 of the Act of May 25, 1926 (the Omnibus Adjustment Act).

Legislative History. H.R. 4291, Public Law 161 in the 71st Congress. H.R. Rept. No. 118. S. Rept. No. 404.

457

INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1931 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1931, and for other purposes. (Act of May 14, 1930, ch. 273, 46 Stat. 279)

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[Salt Lake Basin project-Repayment contract required.]-Salt Lake Basin project, Utah, second division: For commencement of construction, $300,000: Provided, That no part of this sum shall be available for construction work until a contract or contracts shall be made as required by the reclamation laws with an irrigation district or districts or water users' association or associations for the payment to the United States of the cost of such second division. (46 Stat. 308; Act of April 22, 1932, 47 Stat. 116)

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[Yakima project, Kennewick Highlands unit-Prosser Dam title, etc.— Application of power revenues-Power-plant title to remain in United States.]-Yakima project (Kennewick Highlands unit), Washington: For construction, $640,000, to be immediately available: Provided, That no part of the funds hereby appropriated shall be expended for construction purposes until there shall have been conveyed to the United States title to the Prosser Dam and the right-of-way for the Prosser-Chandler Power Canal free of all prior lien and satisfactory to the Secretary of the Interior: Provided further, That all net revenues received from the disposition of power not required for pumping water for irrigation of lands in the Kennewick irrigation district shall be applied, first, to the payment of the construction cost incurred by the United States in connection with the Kennewick Highlands unit, including the power plant and appurtenances, until said construction cost is fully paid, and thereafter to retire the obligations incurred by the said district in the purchase of the said dam and right-ofway: And provided further, That title to and the legal and equitable ownership of the power plant and appurtenances constructed by the United States pursuant to this appropriation shall be and remain in the United States, and all net reve

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INTERIOR DEPARTMENT APPROPRIATION ACT, 1931

nues therefrom shall go to the reclamation fund after payment of aforesaid construction cost and retirement of said obligations. (46 Stat. 308)

District bonds 1
Sale of surplus power 2

1. District bonds

NOTES OF OPINIONS

is appropriate to use power revenues to repay the bonds issued by the district after all costs of the United States have been repaid Solicitor Finney Opinion, M-26043 (July 2, 1930).

2. Sale of surplus power

Under date of December 15, 1930, the First Assistant Secretary of the Interior held. in connection with the second proviso of the above item, that it was necessary to advertise for competitive bids for the sale by the United States of surplus power generated at the proposed plant to be constructed for the Kennewick Highlands unit, Yakima project.

The provision in the second proviso that power revenues will be used "to retire the obligations incurred by the said district in the purchase of the said dam and right-ofway" does not amount to a double payment for the dam and power canal because under normal reclamation law the use and benefit of the facilities would pass to the district after repayment of all costs of the United States. Here, however, the intention is that control of the property will remain permanently in the United States; therefore, it [Riverton project-Restriction on funds for Pilot Butte division-ContractSugar factory-Branch railroad.]—Riverton project, Wyoming: * * * Provided further, That no part of the funds hereby appropriated for construction purposes shall be available for expenditure on the distribution system, Pilot Butte division, during the fiscal year 1931 until the following conditions have been met. (1) Contract satisfactory to the Secretary of the Interior shall have been executed by the Midvale Irrigation District for repayment of project investments; (2) A sugar factory shall have been constructed on or in the vicinity of the project or definite arrangements made for such construction at an early date; and (3) A branch railroad shall have been constructed or initiated either from Bonneville or some other suitable point on the Chicago, Burlington & Quincy Railroad, or from Shoshone or some other suitable point on the Chicago & North Western Railway to Pavillion, Wyoming, or other suitable point in this vicinity. (46 Stat. 308)

EXPLANATORY NOTE

Implementation. No branch railroad nor sugar factory was built in the fiscal year 1931, but a repayment contract, dated Feb

ruary 12, 1931, was executed with the Midvale Irrigation District.

[Shoshone project-Sale of power facilities.]-Shoshone project, Wyoming: *** Provided further, That the Secretary of the Interior is authorized to sell at not less than the appraised valuation transmission lines, substations, and so forth, no longer needed for construction, operation, and maintenance of the project. (46 Stat. 309)

EXPLANATORY NOTE

Cross Reference, Additional Provisions. For additional provisions relating to the power system and power revenues of the

Shoshone project, see the Act of March 4, 1929, 45 Stat. 1592, and the notes thereunder.

INTERIOR DEPARTMENT APPROPRIATION ACT, 1931 459

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. 6564, Public Law 217 in the 71st Congress. H.R. Rept. No. 25. S. Rept. No. 371. H.R. Rept. No. 1394 (conference report).

460

SALE OF UNPRODUCTIVE PUBLIC LAND

An act to authorize the disposal of public land classified as temporarily or permanently unproductive on Federal irrigation projects. (Act of May 16, 1930, ch. 292, 46 Stat. 367)

[Sec. 1. Secretary authorized to dispose of vacant public lands.]—The Secretary of the Interior, hereinafter styled the Secretary, is authorized in connection with Federal irrigation projects to dispose of vacant public lands designated under the act of May 25, 1926, as temporarily unproductive or permanently unproductive to resident farm owners and resident entrymen on Federal irrigation projects, in accordance with the provisions of this act. (46 Stat. 367; 43 U.S.C. § 424)

1. Resident

NOTES OF OPINIONS

For purposes of the Act of May 16, 1930, a "resident farm owner" means "a farm owner who is actually residing on the farm he owns" and the nature of the residence required is "personal presence and physical

occupation of the premises as a home." Solicitor Gardner Opinion, 58 I.D. 409 (1943), in re Dove; Solicitor Gardner Opinion, M-33218 (July 27, 1943), in re Schmitt.

Sec. 2. [Independent appraisal-Limit on area allowed to purchasersTracts insufficient to support family.]-That the Secretary is authorized to sell such lands to resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe: Provided, That no such resident farm owner or resident entryman shall be permitted to purchase under this act more than one hundred and sixty acres of such land, or an area which, together with land already owned on such Federal irrigation project, shall exceed three hundred and twenty acres: And provided further, That the authority given hereunder shall apply not only to tracts wholly classified as temporarily or permanently unproductive, but also to all tracts of public lands within Federal irrigation projects which by reason of the inclusion of lands classified as temporarily or permanently unproductive are found by the Secretary to be insufficient to support a family and to pay water charges. (46 Stat. 367; 43 U.S.C. § 424a)

Sec. 3. [Secs. 41 and 43 of Adjustment Act applicable to land sold-Sec. 44 not applicable.]—All "permanently unproductive" and "temporarily unproductive" land now or hereafter designated under the act of May 25, 1926, shall, when sold, remain subject to sections 41 and 43 of the said act. The exchange provisions of section 44 of said act of May 25, 1926, shall not be applicable to the land purchased under this act. (46 Stat. 367; 43 U.S.C. § 424b)

Sec. 4. [Patent, recital in-Lien for water charges.]-After the purchaser has paid to the United States all amounts due on the purchase price of said land, a patent shall issue which shall recite that the lands so patented have been classified in whole or in part as temporarily or permanently unproductive, as the case

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