SECOND DEFICIENCY ACT, 1924 (FACT FINDERS' ACT) 299 struction cost has been charged, but does not specify whether the same should be credited on construction or operation and maintenance. It is therefore believed to be within the discretion of the Secretary of the Interior to determine the manner of applying such credit. In this connection, however, it is noted that this fund is to be applied as a credit and not turned over as a cash payment from the Government. Consequently if the water users' organization takes over the operation and maintenance of the irrigation system or a part thereof and collects and pays its own operation and maintenance expenses there will be no indebtedness from the water users to the United States for operation and maintenance except the operation and maintenance of reserved works in cases where only a part of the irrigation works are turned over, and in cases where all of the irrigation works are turned over there would be no indebtedness to the Government on which a credit could apply except indebtedness for the construction payments. (51 L. D. 213; C. L. 1360, Feb. 3, 1925.) Profits from sale of Jackson Lake water, Minidoka project.-See note under this heading appended to section 3, act of February 21, 1911, 36 Stat. 926 (Warren Act). Subsec. K. [Surveys authorized where settlers appear unable to pay construction costs-Expense of such surveys.]-That on each existing project where, in the opinion of the Secretary, it appears that on account of lack of fertility in the soil, an inadequate water supply, or other physical causes, settlers are unable to pay construction costs, or whenever it appears that the cost of any reclamation project by reason of error or mistake or for any cause has been apportioned or charged upon a smaller area of land than the total area of land under said project, the Secretary is authorized to undertake a comprehensive and detailed survey to ascertain all pertinent facts, and report in each case the result of such survey to the Congress, with his recommendations: Provided, That the cost and expense of each such survey shall be charged to the appropriation for the project on account of which the same is made, but shall not be charged as a part of the construction or operation and maintenance cost payable by the water users under the project. (43 Stat. 703.) Textual note.-Codified as section 466, title 43, United States Code, except that instead of the words at the beginning reading "That on each existing project," the following words occur: "On each project existing prior to December 5, 1924." NOTES Cross references.-Omnibus adjustment act, approved May 25, 1926 (44 Stat. 636), was enacted as result of survey and report made under subsection K. For this report see H. R. Document No. 201, Sixty-ninth Congress, first session. Act of January 20, 1925 (43 Stat. 753, 755), appropriated $150,000 to carry out the provisions of subsection K. Miscellaneous.-C. L. 1369, February 11, 1925. Approval of contract with water users' association for taking over management of project must await ascertainment of facts, authorized under subsection K, with respect to existing projects. C. L. 1384, March 23, 1925. Instructions regarding payment of vouchers, appropriation accounting, etc., under appropriation to carry into effect the provisions of subsection K. Interpretation of subsection G, act of December 5, 1924, in its relation to subsection K. (51 L. D. 216.) Subsec. L. [On adjustments all unpaid charges shall be added to obligation of water user.]-That in any adjustment of water charges as provided in this section all due and unpaid charges to the United States, both on account of construction and on account of operation and maintenance, including interest and penalties, shall be added in 300 SECOND DEFICIENCY ACT, 1924 (FACT FINDERS' ACT) each case to the total obligation of the water user, and the new total thus established shall then be the construction charge against the land in question. (43 Stat. 703.) Textual note. This subsection is codified as section 467, title 43, United States Code, a note under section 467 states "this section repealed by act of May 25, 1926." Repeal. NOTES Subsections E, F, and L of this act repealed, with certain exceptions, by section 47, act of May 25, 1926 (44 Stat. 636). Date when adjustment of charges occurs. In this subsection the words, "in any adjustment of water charges," are understood to indicate the time which will determine what charges are due and unpaid, and what charges will thereafter be added in each case to the total obligation of the water user. It is believed that the adjustment of water charges occurs on that date when the adjustment contract is made, and that the charges due and unpaid on that date are the charges added in each case to the total obligation. So far as the construction charges are concerned, the provisions of subsection L and the provision of the last sentence of subsection F may overlap if the adjustment contract is made at a date later than December 1, 1925. (51 L. D. 214.) Subsec. M. [Exchange of farm unit-Construction payments credited— Preference right of ex-service man.]-That every entryman or assignee on a project farm unit not yet patented which unit shall be found by the Secretary to be insufficient to support a family and pay water charges shall have the right upon application to exchange his entry for another farm unit of unentered public land on the same or another project located in the same State, in which event all installments of construction charges theretofore paid on account of the relinquished farm unit shall be credited on account of the new farm unit taken in exchange: Provided, That where two entrymen apply for the same farm unit under the exchange provision of this subsection, only one of whom is an ex-service man, as defined by the joint resolution of January 21, 1922 (Forty-second Statutes, page 358), the ex-service man shall have a preference in making such exchange. (43 Stat. 703.) Textual note. The substance of subsection M is codified as the first portion of section 438, title 43, United States Code. Section 438 contains a further proviso, derived from section 1 of joint resolution approved February 14, 1930. In this connection see section 186, title 43, United States Code. NOTES Cross reference.-With reference to the proviso of subsection M see joint resolution of June 12, 1930 (46 Stat. 580). Exchange of entry.-All exchanges made under subsection M must be within the same State. (Dec. of Sol. Int. Dept., February 25, 1927, M-21655.) The department, in letter of March 23, 1927, to Representative Robert G. Simmons, of Nebraska, holds that the words "not yet patented" used in subsection M, have reference not to the date of the approval of the act but to the date when application for exchange of entry is made. (Norman E. Thackeray, 52 L. D. 60.) Exchange of patented farm unit. In decision of March 22, 1934, the First Assistant Secretary of the Interior refused to approve an exchange of patented lands in the Frannie division for an unpatented unit in the Willwood division, Shoshone project. Lands within a Federal irrigation project will not be allowed to remain subject to entry where they are found insufficient to support a family or, after relinquishment by a former entryman, while the latter's application for an exchange of entry under subsec. M of the act of December 5, 1924, is being considered. SECOND DEFICIENCY ACT, 1924 (FACT FINDERS' ACT) 301 (Thomas S. Cady, decision by First Assistant Secretary November 4, 1927, North Platte project. C. L. 1688; 52 L. D. 222.) Where an applicant for exchange of entry of lands within a Federal irrigation project has filed relinquishment prior to the determination of his application, another will not be permitted to enter the relinquished lands until his qualifications have been established by an examining board, and until he has filed a written statement that he has knowledge that the lands are classed as unproductive and insufficient to support a family after payment of water charges, a waiver of right to relief under the act of December 5, 1924, and consent to pay construction charges should the lands be subsequently embraced within a productive class. (Id.) Regulations. Department regulations with reference to this and other subsections are found at 51 L. D. 215, also in C. L. 1389. Subsec. N. [Advance payment of operation and maintenance charges.]— That all contracts providing for new projects and new divisions of projects shall require that all operation and maintenance charge shall be payable in advance. In each case where the care, operation, and maintenance of a project or division of a project are transferred to the water users the contract shall require the payment of operation and maintenance charges in advance. That whenever an adjustment of water charges is made under this section the adjustment contract shall provide that thereafter all operation and maintenance charges shall be payable in advance. (43 Stat. 704.) Textual note.-The substance of subsection N is codified as the second paragraph of section 493, title 43, United States Code. The first paragraph of said section 493 is taken from section 6, act of August 13, 1914 (38 Stat. 688). NOTE Regulations.-For instructions regarding collection of operation and maintenance charges in advance under this subsection see C. L. 1447, August 5, 1925. Subsec. 0. [Expense of Washington office and of general investigations not chargeable to water users.]-That the cost and expense after June 30, 1925, of the main office at Washington, District of Columbia, of the Bureau of Reclamation in the Department of the Interior, and the cost and expense of general investigations heretofore and hereafter authorized by the Secretary, shall be charged to the general reclamation fund and shall not be charged as a part of the constructon or operation and maintenance cost payable by the water users under the projects. (43 Stat. 704.) Textual note.-Codified as section 377, title 43, United States Code, the introductory word "That" being omitted. NOTES Allotment of funds.-As the appropriation act for the fiscal year, 1926, did not provide a stated amount for the Washington office, it became necessary to provide for an allotment of funds for that office by deducting 12 per cent from the amount stated in the appropriation act for each project. (C. L. 1425, June 26, 1925.) Transfer of operation and maintenance to water users. In an interpretation of subsection G of act of December 5, 1924, concerning apportionment to projects of costs, the department holds there is no reason for applying the provisions of subsection G to the items under subsection O. (51 L. D. 217; C. L. 1389, March 27, 1925.) Subsec. P. [Reservation of easements or rights of way.]-That where, in the opinion of the Secretary, a right of way or easement of any kind over public land is required in connection with a project the 302 SECOND DEFICIENCY ACT, 1924 (FACT FINDERS' ACT) Secretary may reserve the same to the United States by filing in the General Land Office and in the appropriate local land office copies of an instrument giving a description of the right of way or easement and notice that the same is reserved to the United States for Federal irrigation purposes under this section, in which event entry for such land and the patent issued therefor shall be subject to the right of way or easement so described in such instrument; and reference to each such instrument shall be made in the appropriate tract books and also in the patent. (43 Stat. 704.) Textual note.-Codified as section 417, title 43, United States Code, the first word "That" being omitted, and the word "section," in line 8, changed to "chapter." Subsec. Q. [Donations-May be reconveyed to grantor.]-That where real property or any interest therein heretofore has been, or hereafter shall be, donated and conveyed to the United States for use in connection with a project, and the Secretary decides not to utilize the donation, he is authorized without charge to reconvey such property or any part thereof to the donating grantor, or to the heirs, successors, or assigns of such grantor. (43 Stat. 704.) Textual note.-Codified as section 376, title 43, United States Code, the introductory word "That" being omitted. Subsec. R. [Swamp and cut-over timberlands-Appropriation from General Treasury.]-That there is hereby authorized to be appropriated from the General Treasury, the sum of $100,000 for investigations to be made by the Secretary through the Bureau of Reclamation to obtain necessary information to determine how arid and semiarid, swamp, and cut-over timberlands may best be developed. (43 Stat. 704.) NOTE Cross references.-Pursuant to subsection R an appropriation of $15,000 was made in each of the following Interior Department appropriation acts: May 10, 1926 (44 Stat. 485); January 12, 1927 (44 Stat. 961); and March 7, 1928 (45 Stat. 231). In the sundry civil act dated July 1, 1918 (40 Stat. 676), Congress for the first time authorized an investigation by the Reclamation Service (Bureau) of reclamation by drainage of lands outside existing reclamation projects and of the reclamation and preparation for cultivation of cut-over timberlands in any of the States of the United States; and appropriated for this purpose $100,000 from the Treasury. Sec. 5. [Title of act.]-That this act hereafter may be referred to as the "Second deficiency act, fiscal year 1924." REFUNDS TO WORLD WAR VETERANS An act to provide for refunds to veterans of the World War of certain amounts paid by them under Federal irrigation projects. (Act February 21, 1925, ch. 277, 43 Stat. 956) [Sec. 1. Definitions.]-That as used in this act (a) The term "veteran" includes any individual a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918; but does not include (1) any individual at any time during such period or thereafter separated from such forces under other than honorable conditions, (2) any conscientious objector who performed no military duty whatever or refused to wear the uniform, or (3) any alien at any time during such period or thereafter discharged from the military or naval forces on account of his alienage; and (b) The term "reclamation law" means the act entitled "An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June 17, 1902, and all acts amendatory thereof or supplementary thereto. (43 Stat. 956.) Textual note.-The substance of (a) above is codified as section 581, title 43, United States Code. The substance of (b) above, viz, definition of "reclamation law," is given in section 371, title 43, United States Code. Sec. 2. [Veterans entitled to refund-Investigation and approval of applications for refunds and payment thereof.]-(a) Any veteran-who at any time since April 6, 1917, has made entry upon a farm unit within a Federal irrigation project under the reclamation law and (1) who no longer retains such entry because of cancellation by, or relinquishment to, the United States after or (2) who, prior to receipt by him of a final certificate in respect of such entry, but in no case more than one year after the date of passage of this act, desires to relinquish such entry-may, in accordance with regulations prescribed by the Secretary of the Interior, file application for the refund provided in subdivision (b). A veteran who has been compensated, in cash or otherwise, for any such relinquishment shall not be entitled to the benefits of this act, and before payment of such refund the Secretary of the Interior, under such regulations as he may prescribe, shall require proof that the veteran has not been so compensated. (b) Upon receipt of such application the Secretary of the Interior is authorized to investigate the facts and, in his discretion, to pay as a refund to any such veteran entitled thereto a sum equal to all amounts paid to the United States by such veteran, or for his account, as construction charges and as interest and penalties on such charges in respect of such unit. Every such refund so approved by the Secretary of the Interior shall be paid from the appropriation |