REMOVAL OF GARDEN CITY PROJECT LIENS

An act for the relief of the Garden City (Kansas) Water Users' Association, and for other purposes. (Act June 5, 1920, ch. 257, 41 Stat. 1054.)

[Contracts for water canceled-Liens released.]-That the contracts affecting lands in the Garden City project of the Reclamation Service in Finney County, Kansas, heretofore entered into between the Finney County Water Users' Association of Finney County, Kansas, or with individual landowners, and the Secretary of the Interior for the supply and use of water from the irrigation plant of the United States be, and the same are hereby, canceled and relieved; and the liens upon the lands in said county created by such contracts are hereby released and discharged. (41 Stat. 1054.)

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88508-37--17

FEDERAL WATER POWER ACT

[Extracts from] An act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto, and to repeal section 18 of the river and harbor appropriation act, approved August 8, 1917, and for other purposes. (Act of June 10, 1920, ch. 285, 41 Stat. 1063)

Sec. 4. [Cooperation with Federal or State agencies in investigations.]That the commission is hereby authorized and empowered

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(b) To cooperate with the executive departments and other agencies of State or National Governments in such investigations; and for such purpose the several departments and agencies of the National Government are authorized and directed upon the request of the commission to furnish such records, papers, and information in their possession as may be requested by the commission, and temporarily to detail to the commission such officers or experts as may be necessary in such investigations. (41 Stat. 1065.)

Textual note. The above provision is codified as a part of section 717, title 16, United States Code.

Regulations. See C. L. 1060, December 5, 1921, outlining instructions regarding reports on field investigations in connection with the administration of section 4 of the Federal Water Power Act.

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Sec. 17. [Fifty per centum of charges from licenses for use of public lands, etc., appropriated as part of reclamation fund.]-That all proceeds from any Indian reservation shall be placed to the credit of the Indians of such reservation. All other charges arising from licenses hereunder shall be paid into the Treasury of the United States, subject to the following distribution: Twelve and one-half per centum thereof is hereby appropriated to be paid into the Treasury of the United States and credited to "Miscellaneous receipts"; 50 per centum of the charges arising from licenses hereunder for the occupancy and use of public lands, national monuments, national forests, and national parks shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the act of Congress known as the Reclamation Act, approved June 17, 1902; and 372 per centum of the charges arising from licenses hereunder for the occupancy and use of national forests, national parks, public lands, and national monuments, from development within the boundaries of any State shall be paid by the Secretary of the Treasury to such State; and 50 per centum of the charges arising from all other licenses hereunder is hereby reserved and appropriated as a

FEDERAL WATER POWER ACT

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special fund in the Treasury to be expended under the direction of the Secretary of War in the maintenance and operation of dams and other navigation structures owned by the United States or in the construction, maintenance, or operation of headwater or other improvements of navigable waters of the United States. (41 Stat. 1072.)

Textual note. The substance of the above section is codified as section 810, title 16, United States Code.

Increase of return to reclamation fund.-Under former interpretation of the law governing allocations, distribution of 371⁄2 and 50 per cent, respectively, has applied only to the occupancy charges of licenses involving the use of public lands and national forests. The effect of Comptroller General's Decision, A-29747, February 3, 1930, is to include also the administrative charges in such distribution. This will considerably increase the return to the reclamation fund. A supplementary decision, A-29747, was issued by the Comptroller General on May 7, 1930.

FEDERAL WATER POWER ACT IN GENERAL

The act of Congress of March 4, 1911, 36 Stat. 1253, regarding transmission line easements over public lands, national forests, and reservations has not been superseded, so far as Federal reclamation project transmission lines are concerned, by the Federal Water Power Act of June 10, 1920, 41 Stat. 1063 (decision of Assistant Secretary, Apr. 25, 1933, A-17072).

The Federal Power Act of August 26, 1935, amended secs. 4 and 17 of the Federal Water Power Act of August 8, 1917, as amended June 10, 1920, 41 Stat. 1063. Title II of the Utility Holding Company Act of August 26, 1935, amends sections 4 and 17 of this act.

RIGHTS OF WAY ON THE PUBLIC DOMAIN

An act to amend acts to permit the use of the right of way through the public lands for tramroads, canals, and reservoirs, and for other purposes. (Act March 1, 1921, ch. 93, 41 Stat. 1194)

[Easements adjoining irrigation rights of way permitted for administration work.]-That in addition to the rights of way granted by sections 18, 19, 20, and 21 of the act of Congress entitled "An act to repeal timber-culture laws, and for other purposes," approved March 3, 1891 (Twenty-sixth Statutes, page 1095), as amended by the act of Congress entitled "An act to amend the irrigation act of March 3, 1891 (Twenty-sixth Statutes, page 1095, section 18), and to amend section 2 of the act of May 11, 1898 (Thirtieth Statutes, page 404)," approved March 4, 1917 (Thirty-ninth Statutes, page 1197), and, subject to the conditions and restrictions therein contained, the Secretary of the Interior is authorized to grant permits or easements for not to exceed five acres of ground adjoining the right of way at each of the locations, to be determined by the Secretary of the Interior, to be used for the erection thereon of dwellings or other buildings or corrals for the convenience of those engaged in the care and management of the works provided for by said acts: Provided, That this act shall not apply to lands within national forests. (41 Stat. 1194.)

Textual note. The substance of this act is codified as section 950, title 43, United States Code, the introductory word "That" being omitted; the words "sections 18, 19, 20, and 21," etc., down through "(Thirty-ninth Statutes, page 1197)" being changed to "sections 946 to 949, inclusive,' the word "acts" just preceding the proviso reading "sections," and the word "act" in the last line reading "section."

"

NOTE

Regulations. See General Land Office instructions of May 16, 1921, 48 L. D. 113, referring to regulations of June 6, 1908, 36 L. D. 567. See notes under act of March 3, 1891 (26 Stat. 1095).

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PATENTS TO DISABLED SOLDIER ENTRYMEN

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 March 1, 1921, ch. 102, 41 Stat. 1202)

[Honorably discharged, incapacitated World War veterans may receive patent without further residence.]-That any settler or entryman under the homestead laws of the United States, 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 service is unable to return to the land, may make proof, without further residence, improvement, or cultivation, 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: Provided, That no such patent shall issue prior to the survey of the land. (41 Stat. 1202.)

Textual note.-This act, as amended by the act of April 7, 1922 (42 Stat. 492), is codified, in substance, as section 238, title 43, United States Code.

NOTES

Amendments. This act amended by act of December 15, 1921, 42 Stat. 348 (see 48 L. D. 427), and by act of April 7, 1922, 42 Stat. 492. See notes under latter act.

The above act is an amendment of the homestead law but does not abrogate the provisions of the reclamation law regarding reclamation of one-half of the irrigable area and payment of water charges. These two laws are separate and distinct. The act of March 1, 1921, does not require patent to issue for lands under irrigation projects before submission of final affidavit approved by the project manager, showing reclamation of one-half the irrigable area of the entry and payment of all fees, commissions, and water charges to date of such approval. (Departmental decision re Claude E. Barker, Belle Fourche project, August 3, 1921.)

Regulations.-General Land Office instructions printed at 48 L. D. 55 (C. L. 1011); 49 L. D. 125, and in C. L. 1036, August 22, 1921.