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 purchasers— Tracts 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 SALE OF UNPRODUCTIVE PUBLIC LAND 461 may be, under the adjustment act of May 25, 1926. Such patents shall also contain a reservation of a lien for water charges when deemed appropriate by the Secretary and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws. (46 Stat. 367; 43 U.S.C. § 424c) Sec. 5. [Disposition of funds derived from sale of lands and from water rentals.]—In the absence of a contrary requirement in the contracts between the United States and the water users organization or district assuming liability for the payment of project construction charges, all sums collected hereunder from the sale of lands, from the payment of project construction charges on "temporarily unproductive" or "permanently unproductive" lands so sold, and (except as stated in this section) from water rentals, shall inure to the reclamation fund as a credit to the construction charge now payable by the water users under their present contracts, to the extent of the additional expense, if any, incurred by such water users in furnishing water to the unproductive area, while still in that status, as approved by the Commissioner of Reclamation and the balance as a credit to the sums heretofore written off in accordance with said act of May 25, 1926. Where water rental collections hereunder are in excess of the current operation and maintenance charges, the excess as determined by the Secretary, shall, in the absence of such contrary contract provision, inure to the reclamation fund as above provided, but in all other cases the water rentals collected under this act shall be turned over to or retained by the operating district or association, where the project or part of the project from which the water rentals were collected is being operated and maintained by an irrigation district or water users association under contract with the United States. (46 Stat. 368; 43 U.S.C. § 424d) Sec. 6. [General authority.]—The Secretary of the Interior is authorized to perform any and all acts and to make all rules and regulations necessary and proper for carrying out the purposes of this act. (46 Stat. 368; 43 U.S.C. § 424e) 462 SIZE OF FARM UNITS ON DESERT-LAND ENTRIES An act to amend section 5 of the act of June 27, 1906, conferring authority upon the Secre tary of the Interior to fix the size of farm units on desert-land entries when included within national reclamation projects. (Act of June 6, 1930, ch. 405, 46 Stat. 502) [Proviso of section 5, act of June 27, 1906, amended.]-The proviso to section 5 of the act of June 27, 1906, chapter 3359, Thirty-fourth Statutes, page 520, [is] amended so as to read as follows: "Provided, That if after investigation the irrigation project has been or may be abandoned by the Government, time for compliance with the desert land law by any such entryman shall begin to run from the date of notice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and improvements theretofore made on any such desert-land entry of which proof has been or may be filed; but if the reclamation project is carried to completion so as to make available a water supply for the land embraced in any such desert-land entry the entryman shall thereupon comply with all the provisions of the aforesaid action of June 17, 1902, and shall relinquish within a reasonable time after notice as the Secretary may prescribe and not less than two years all land embraced within his desert-land entry in excess of one farm unit, as determined by the Secretary of the Interior, and as to such retained farm unit he shall be entitled to make final proof and obtain patent upon compliance with the regulations of said Secretary applicable to the remainder of the irrigable land of the project and with the terms of payment prescribed in said act of June 17, 1902, and not otherwise. But nothing herein contained shall be held to require a desert-land entryman who owns a water right and reclaims the land embraced in his entry to accept the conditions of said reclamation act." (46 Stat. 502; 43 U.S.C. § 448) EXPLANATORY NOTES Editor's Note, Annotations. Annotations of opinions, if any, are found under section 5 of the Act of June 27, 1906. Legislative History. H.R. 1186, Public Law 309 in the 71st Congress. H.R. Rept. 463 CREDIT COLLECTIONS FROM DEFAULTING CONTRACTORS TO RECLAMATION FUND An act providing for depositing certain moneys into the reclamation fund. (Act of June 6, 1930, ch. 410, 46 Stat. 522) [Amounts collected to be covered into reclamation fund.]-Any amounts collected from defaulting contractors or their sureties, including collections heretofore made, in connection with contracts entered into under the reclamation law, either collected in cash or by deduction from amounts otherwise due such contractors, shall be covered into the reclamation fund and shall be credited to the project or operation for or on account of which such contract was made. (46 Stat. 522; 43 U.S.C. § 401) EXPLANATORY NOTES Background. Under the former rulings of the Comptroller General damages collected from defaulting contractors were deposited to the credit of miscellaneous receipts in the Treasury, and not to the reclamation fund. 464 AMEND TAXATION OF LANDS OF HOMESTEAD AND An act to amend the act entitled "An act to permit taxation of lands of homestead and desert-land entrymen under the reclamation act," approved April 21, 1928, so as to include ceded lands under Indian irrigation projects. (Act of June 13, 1930, ch. 477, 46 Stat. 581) [Sec. 1. Lands of homestead entryman and of entryman on ceded Indian lands taxable by State after proof of residence, etc.]-The act entitled “An act to permit taxation of lands of homestead and desert-land entrymen under the Reclamation Act," approved April 21, 1928, is amended to read as follows: "That the lands of any homestead entryman under the act of June 17, 1902. known as the Reclamation Act, or any act amendatory thereof or supplementary thereto, and the lands of any entryman on ceded Indian lands within any Indian irrigation project, may, after satisfactory proof of residence, improvement, and cultivation, and acceptance of such proof by the General Land Office, be taxed by the State or political subdivision thereof in which such lands are located in the same manner and to the same extent as lands of a like character held under private ownership may be taxed. (46 Stat. 581; 43 U.S.C. § 455) "Sec. 2. [Lands of desert-land entryman taxable by State.]—The lands of any desert-land entryman located within an irrigation project constructed under the Reclamation Act and obtaining a water supply from such project, and for whose land water has been actually available for a period of four years, may likewise be taxed by the State or political subdivision thereof in which such lands are located. (46 Stat. 581; 43 U.S.C. § 455a) "Sec. 3. [Taxes a lien upon, and enforceable by sale of lands.]—All such taxes legally assessed shall be a lien upon the lands and may be enforced upon said lands by the sale thereof in the same manner and under the same proceeding whereby said taxes are enforced against lands held under private ownership; but the title or interest which the State or political subdivision thereof may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to a prior lien reserved to the United States for all due and unpaid installments on the appraised purchase price of such lands and for all the unpaid charges authorized by law whether accrued or otherwise. The holder of such tax deed or tax title resulting from such tax shall be entitled to all the rights and privileges in the land of an assignee of such entryman on ceded Indian lands or of an assignee under the provisions of the act of June 23, 1910, as amended, or of any such entries in a Federal reclamation project constructed under said act of June 17, 1902, as supplemented or amended. (46 Stat. 581; 43 U.S.C. § 455b) "Sec. 4. [Extinguishment of liens in case lands revert to United States.]If the lands of any such entryman shall at any time revert to the United States for any reason whatever, all such liens or tax titles resulting from assessments levied after the date of this amendatory act upon such lands in favor of the State or political subdivision thereof wherein the lands are located, shall be and shall S |