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PATENT FOR DESERT LAND ENTRIES UNABLE TO SECURE WATER SUFFICIENT TO EFFECT RECLAMATION

An act to amend an act approved March 4, 1929 (45 Stat. 1548), entitled "An act to
supplement the last three paragraphs of section 5 of the act of March 4, 1915 (38
Stat. 1161), as amended by the act of March 21, 1918 (40 Stat. 458)."
February 14, 1934, c. 9, 48 Stat. 349)

(Act of

That the act approved March 4, 1929 (45 Stat. 1548), entitled "An act to supplement the last three paragraphs of section 5 of the act of March 4, 1915 (38 Stat. 1161), as amended by the act of March 21, 1918 (40 Stat. 458)", be amended to read as follows:

"That where it shall be made to appear to the satisfaction of the Secretary of the Interior with reference to any lawful pending desert-land entry made prior to July 1, 1925, under which the entryman or his duly qualified assignee under an assignment made prior to the date of this act has in good faith expended the sum of $3 per acre in the attempt to effect reclamation of the land, that there is no reasonable prospect that he would be able to secure water sufficient to effect reclamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior may, in his discretion, allow such entryman or assignee ninety days from notice within which to pay to the register of the United States land office 25 cents an acre for the land embraced in the entry and to file an election to perfect title to the entry under the provisions of this act, and thereafter within one year from the date of filing of such election to pay to the register the additional amount of 75 cents an acre, which shall entitle him to a patent for the land: Provided, That in case the final payment be not made within the time prescribed the entry shall be canceled and all money theretofore paid shall be forfeited."

NOTE

General Land Office regulations, April 24, 1934. 54 I. D., 429.

536

1

SPECIAL PROVISIONS OF THE INTERIOR DEPARTMENT
APPROPRIATION ACT FOR 1935

[Extracts from] An Act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1935, and for other purposes. (Act March 2, 1934, c. 38, 48 Stat. 362)

OFFICE OF THE SECRETARY

CONTINGENT EXPENSES, DEPARTMENT OF THE INTERIOR

For contingent expenses of the office of the Secretary and the bureaus and offices of the Department; furniture, carpets, ice, lumber, hardware, dry goods, advertising, telegraphing, telephone service, including personal services of temporary or emergency telephone operators; street-car fares for use of messengers not exceeding $150; expressage, diagrams,, awnings, filing devices, typewriters, adding and addressing machines and other labor-saving devices, including the repair, exchange, and maintenance thereof; constructing model and other cases and furniture; postage stamps to prepay postage on foreign mail and for special-delivery and air-mail stamps for use in the United States; traveling expenses, including necessary expenses of inspectors and attorneys; fuel and light; examination of estimates for appropriations in the field for any bureau, office, or service of the Department; not exceeding $500 shall be available for the payment of damages caused to private property by Department motor vehicles; purchase and exchange of motor trucks, motorcycles, and bicycles, maintenance, repair, and operation of two motor. propelled passenger-carrying vehicles and motor trucks, motorcycles, and bicycles to be used only for official purposes; rent of Department garage; expense of taking testimony and preparing the same in connection with disbarment proceedings instituted against persons charged with improper practices before the Department, its bureaus. and offices; expense of translations, and not exceeding $1,000 for contract stenographic reporting services; not exceeding $700 for newspapers; stationery, including tags, labels, index cards, clothlined wrappers, and specimen bags, printed in the course of manufacture, and such printed envelopes as are not supplied under contract made by Postmaster General, for the Department and its several bureaus and offices, and other absolutely necessary expenses not hereinbefore provided for, $82,400; and, in addition thereto, sums amounting to $31,500 for stationery supplies shall be deducted from other appropriations made for the fiscal year 1935, as follows:

88508-37-85

537

538

INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1935

Bureau of Reclamation, $10,000, any unexpended portion of which shall revert and be credited to the reclamation fund; and said sums so deducted shall be credited to and constitute, together with the firstnamed sum of $82,400, the total appropriation for contingent expenses for the Department and its several bureaus and offices for the fiscal year 1935.

For the purchase or exchange of professional and scientific books, law and medical books, and books to complete broken sets, periodicals, directories, and other books of reference relating to the business of the Department, $500, and in addition there is hereby made available from any appropriations made for any bureau or office of the Department not to exceed the following respective sums: Indian Service, $500; Office of Education, $1,800; Bureau of Reclamation, $2,000; Geological Survey, $2,000; Office of National Parks, Buildings, and Reservations, $2,000; General Land Office, $500.

PRINTING AND BINDING

For printing and binding for the Department of the Interior, including all of its bureaus, offices, institutions, and services in the District of Columbia and elsewhere, except the Alaska Railroad, the Geological Survey, and the Bureau of Reclamation, $123,000, of which $30,000 shall be for the Office of National Parks, Buildings, and Reservations, and $40,000 for the Office of Education, no part of which shall be available for correspondence instruction.

BUREAU OF INDIAN AFFAIRS

*

For reclamation and maintenance charges on Indian lands within the Yuma Reservation, California, and on ten acres within each of the eleven Yuma homestead entries in Arizona under the Yuma reclamation project, $11,700, reimbursable. (48 Stat. 370.)

*

For reimbursement to the reclamation fund the proportionate expense of operation and maintenance of the reservoirs for furnishing stored water to the lands in Yakima Indian Reservation, Washington, in accordance with the provisions of section 22 of the act of August 1, 1914 (38 Stat., p. 604), $9,000. (48 Stat. 371.)

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For payment of annual installment of reclamation charges against Paiute Indian lands within the Newlands reclamation project, Nevada, $5.381; and for payment in advance, as provided by district law, of operation and maintenance assessments, including assessments for the operation of drains to the Truckee-Carson irrigation district, which district, under contract, is operating the Newlands reclamation project, 7,519, to be immediately available; in all, $12,900. (48 Stat. 371.)

INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1935 539

BUREAU OF RECLAMATION

The following sums are appropriated out of the special fund in the Treasury of the United States created by the act of June 17, 1902, and therein designated "the reclamation fund", to be available immediately:

Salaries: For the Commissioner of Reclamation and other personal services in the District of Columbia, $86,850; for office expenses in the District of Columbia, $15,000; in all, $101,850;

Administrative provisions and limitations: For all expenditures: authorized by the act of June 17, 1902 (32 Stat., p. 388), and acts amendatory thereof or supplementary thereto, known as the "reclamation law", and all other acts under which expenditures from said fund are authorized, including not to exceed $156,000 for personal services and $15,000 for other expenses in the office of the chief engineer, $20,000 for telegraph, telephone, and other communication service, $5,000 for photographing and making photographic prints, $41.250 for personal services, and $10,000 for other expenses in the field legal offices; examination of estimates for appropriations in the field; refunds of overcollections and deposits for other purposes; not to exceed $18,000 for lithographing, engraving, printing, and binding; purchase of ice; purchase of rubber boots for official use by employees; maintenance and operation of horse-drawn and motorpropelled passenger-carrying vehicles; not to exceed $35,000 for purchase and exchange of horse-drawn and motor-propelled passenger-carrying vehicles; packing, crating, and transportation (including drayage) of personal effects of employees upon permanent change: of station, under regulations to be prescribed by the Secretary of the Interior; payment of damages caused to the owners of lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and the Secretary of the Interior, or such officers as he may designate; payment for official telephone service in the field hereafter incurred in case of official telephones installed in private houses when authorized under regulations established by the Secretary of the Interior; not to exceed $1,000 for expenses, except membership fees, of attendance, when authorized by the Secretary, upon meetings of technical and professional societies required in connection with official work of the bureau; payment of rewards, when specifically authorized by the; Secretary of the Interior, for information leading to the apprehension and conviction of persons found guilty of the theft, damage, or destruction of public property: Provided, That no part of said appropriations may be used for maintenance of headquarters for the Bureau of Reclamation outside the District of Columbia except for an office for the chief engineer and staff and for certain field officers of the division of reclamation economics: Provided further, That the Secretary of the Interior in his administration of the Bureau of Reclamation is authorized to contract for medical attention and service for employees and to make necessary pay-roll deductions agreed to by the employees therefor: Provided further, That no part of any sum pro

540

INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1935

vided for in this act for operation and maintenance of any project or division of a project by the Bureau of Reclamation shall be used for the irrigation of any lands within the boundaries of an irrigation district which has contracted with the Bureau of Reclamation and which is in arrears for more than twelve months in the payment of any charges due the United States, and no part of any sum provided for in this act for such purpose shall be used for the irrigation of any lands which have contracted with the Bureau of Reclamation and which are in arrears for more than twelve months in the payment of any charges due from said lands to the United States; (48 Stat. 379-80.)

Examination and inspection of projects: For examination of accounts and inspection of the works of various projects and divisions of projects operated and maintained by irrigation districts or water users' associations, and bookkeeping, accounting, clerical, legal, and other expenses incurred in accordance with contract provisions for the repayment of such expenses by the districts or associations, the unexpended balance of the appropriation for this purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935;

Operation and maintenance of reserved works: For operation and maintenance of the reserved works of a project or division of a project when irrigation districts, water-users' associations, or Warren Act contractors have contracted to pay in advance but have failed to pay their proportionate share of the cost of such operation and maintenance, to be expended under regulations to be prescribed by the Secretary of the Interior, the unexpended balance of the appropriation for this purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935;

Yuma project, Arizona-California: For operation and maintenance, $37,200: Provided, That not to exceed $25,000 from the power revenues shall be available during the fiscal year 1935 for the operation and maintenance of the commercial system;

Orland project, California: For operation and maintenance, $33,500;

Boise project, Idaho: For operation and maintenance, $26,100;

Minidoka project, Idaho: For operation and maintenance, reserved works, $11,200: Provided, That not to exceed $50,000 from the power revenues shall be available during the fiscal year 1935 for the operation of the commercial system; and not to exceed $100,000 from power revenues shall be available during the fiscal year 1935 for continuation of construction, south side division;

North Platte project, Nebraska-Wyoming: Not to exceed $60,000 from the power revenues shall be available during the fiscal year 1935 for the operation and maintenance of the commercial system;

Rio Grande project, New Mexico-Texas: For operation and maintenance, $305,000;

Owyhee project, Oregon: For operation and maintenance, $9.300; Vale project, Oregon: For operation and maintenance, $13,900; Klamath project, Oregon-California: For operation and maintenance, $40,900: Provided, That revenues received from the lease of marginal lands, Tule Lake division, shall be available for refunds to

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