SUNDRY CIVIL APPROPRIATIONS ACT, 1920 Glacier National Parks that are withdrawn under reclamation laws but are not used for constructed reclamation projects, are subject to disposition under laws relating to the national parks and are not covered into the reclamation fund, as provided by the Act of July 19, 1919. C.L. 866, January 19, 1920. 3. Rights-of-way The Act of July 19, 1919, 41 Stat. 202, governs the disposition of all rental charges for rights-of-way on or over public lands withdrawn under the reclamation law granted under the Acts of February 15, 1901, 31 Stat. 790, March 4, 1911, 36 Stat. 1253, and January 21, 1895, 28 Stat. 635. The word "lease" was used in the act in a general rather than technical sense and was intended to embrace any authorized use or occupancy. However, rentals for pipeline rights-of-way granted under section 28 of the Act of February 25, 1920, 41 Stat. 437, are to be disposed of under section 35 of that act, which must be regarded as superseding the Act of July 19, 1919, so far 247 as such rentals are concerned, even though lands withdrawn under the reclamation law are affected. Departmental decision, May 9, 1940. 4. Net proceeds Under the authority of 31 U.S.C. § 489, the costs of the Bureau of Land Management in handling sales of timber from lands under the jurisdiction of the Bureau of Reclamation may be paid from the gross proceeds of the sales, and only the net proceeds need be paid into the reclamation fund under the Act of July 19, 1919. Dec. Comp. Gen. B-48120 (August 8, 1951). 5. Indian projects The provision contained in this Act directing that the proceeds derived from a lease of lands withdrawn under the reclamation law shall be covered into the reclamation fund, is to be regarded as relating primarily to "reclamation projects," and not to Indian irrigation projects, in the absence of a clear intent to include projects of the latter character. Flathead Lands, 48 L.D. 468 (1921). 248 CONVEYANCE OF TOWN SITE LANDS TO SCHOOL DISTRICTS An act granting lands for school purposes in Government town sites on reclamation projects. (Act of October 31, 1919, ch. 92, 41 Stat. 326) [Secretary authorized to grant lands in reclamation town sites for school purposes-Reversion.]-The Secretary of the Interior is hereby authorized, upon application by the proper officers of a school district located wholly or in part within the boundaries of a project of the United States Reclamation Service, to issue patent conveying to such district such unappropriated undisposed of lands, not exceeding six acres in area, within any Government reclamation town site situated within such school district as, in the opinion of the Secretary of the Interior, are necessary for use by said district for school buildings and grounds: Provided, That if any land so conveyed cease entirely to be used for school purposes title thereto shall revert to and revest in the United States. (41 Stat. 326; 43 U.S.C. § 570) EXPLANATORY NOTES Special Grants of Land for School Purposes. The Act of August 21, 1912, 37 Stat. 322, authorized the Secretary of the Interior to convey certain land in the town site of Powell, Shoshone project, for school purposes. The Act of February 28, 1919, 40 Stat. 1206, authorized the Secretary to convey lots in the Sun River project to certain school districts. The Act of April 17, 1926, 44 Stat. 299, authorized the Secretary to convey certain lands in Cascade County, Sun River project, for school purposes, the patent to contain a reservation of mineral deposits. Legislative History. S. 794, Public Law 72 in the 66th Congress. S. Rept. No. 89. H.R. Rept. No. 259. 249 MINERAL LEASING ACT [Extract from] An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain. (Act of February 25, 1920, ch. 85, 41 Stat. 437) Sec. 35. [Disposition of receipts.]-All money received from sales, bonuses, royalties and rentals of public lands under the provisions of this Act shall be paid into the Treasury of the United States; 371⁄2 per centum thereof shall be paid by the Secretary of the Treasury, as soon as practicable after December 31 and June 30 of each year, to the State within the boundaries of which the leased lands or deposits are or were located; said moneys to be used by such State or subdivisions thereof for the construction and maintenance of public roads or for the support of public schools or other public educational institutions, as the legislature of the State may direct; and, excepting those from Alaska, 521⁄2 per centum thereof 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 of those from Alaska 522 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That all moneys which may accrue to the United States under the provisions of this Act from lands within the naval petroleum reserves shall be deposited in the Treasury as "miscellaneous receipts", as provided by the Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252, 34 U.S.C., sec. 524). All moneys received under the provisions of this Act not otherwise disposed of by this section shall be credited to miscellaneous receipts. (41 Stat. 450; Act of May 27, 1947, 61 Stat. 119; Act of August 3, 1950, 64 Stat. 402; Act of July 10, 1957, 71 Stat. 282; Act of July 7, 1958, 72 Stat. 343, 351; 30 U.S.C. § 191) EXPLANATORY NOTES 1958 Amendment. Subsection 28(b) of the Act of July 7, 1958, 72 Stat. 343, 351, the Alaska Statehood Act, amended section 35 by inserting ", and of those from Alaska 522 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof" preceding the proviso, and subsection 6(k) of the Act repealed the last sentence of section 35 as amended by the Act of May 27, 1947, which read: "Nothing herein contained shall be construed to affect the disposition of proceeds or income derived by the United States from mineral school sections in the Territory of Alaska as provided for in the Act of March 4, 1915 (38 Stat. 1214, 1215; 48 U.S.C. Sec. 353, as amended)." 1957 Amendment. The Act of July 10, 1957, 71 Stat. 282, amended section 35 by inserting ", and of those from Alaska 522 per centum thereof shall be paid to the Territory of Alaska for disposition by the 267-067-72-vol. I—19 Legislature of the Territory of Alaska" preceding the proviso. 1950 Amendment. The Act of August 3, 1950, 64 Stat. 402, amended section 35 to provide that payments to the States be made "as soon as practicable after December 31 and June 30 of each year" rather than, as formerly, "after the expiration of each fiscal year". 1947 Amendment. The Act of May 7, 1947, 61 Stat. 119, amended and reenacted section 35. The text of the 1947 Act as enacted, without the amendments of 1950, 1957 and 1958, appears herein in chronological order. The original text of section 35 as enacted February 25, 1920, read as follows: "Ten per centum of all money received from sales, bonuses, royalties, and rentals under the provisions of this act, excepting those from Alaska, shall be paid into the Treasury of the United States and credited 250 MINERAL LEASING ACT to miscellaneous receipts; for past production 70 per centum, and for future production 522 per centum of the amounts derived from such bonuses, royalties, and rentals 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 for past production 20 per centum, and for future production 371⁄2 per centum of the amounts derived from such bonuses, royalties, and rentals shall be paid by the Secretary of the Treasury after the expiration of each fiscal year to the State within the boundaries of which the leased lands or deposits are or were located, said moneys to be used by such State or subdivisions thereof for the construction and maintenance of public roads or for the support of public schools or other public educational institutions, as the legislature of the State may direct: Provided, That all moneys which may accrue to the United States under the provisions of this act from lands within the naval petroleum reserves shall be deposited in the Treasury as 'Miscellaneous receipts'." Reference in the Text. The Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252, 34 U.S.C., sec. 524), referred to in the text, deals with the operation and conservation of the Naval petroleum reserves. Title 34 of the United States Code was repealed generally by the Act of August 10, 1956, 70A Stat. 1, which revised and codified the statutory provisions that related to the Army, Navy, Air Force and Marine Corps, and enacted those provisions into law as Title 10, Armed Forces. Title 34 U.S.C., sec. 524, was omitted in the revision and codification. Legislative History. S. 2775, Public Law 146 in the 66th Congress. H.R. Rept. No. 398. H.R. Rept. No. 600 (conference report). . 251 SALE OF WATER FOR MISCELLANEOUS PURPOSES An act for furnishing water supply for miscellaneous purposes in connection with reclamation projects. (Act of February 25, 1920, 41 Stat. 451) [Sale of water for miscellaneous purposes other than for irrigation-Contract-Delivery not to be detrimental to water service-Moneys received to be covered into the reclamation fund.]-The Secretary of the Interior, in connection with the operations under the reclamation law, is hereby authorized to enter into contract to supply water from any project irrigation system for other purposes than irrigation, upon such conditions of delivery, use, and payment as he may deem proper: Provided, That the approval of such contract by the water users' association or associations shall have been first obtained: Provided, That no such contract shall be entered into except upon a showing that there is no other practicable source of water supply for the purpose: Provided further, That no water shall be furnished for the uses aforesaid if the delivery of such water shall be detrimental to the water service for such irrigation project or to the rights of any prior appropriator: Provided further, That the moneys derived from such contracts shall be covered into the reclamation fund and be placed to the credit of the project from which such water is supplied. (41 Stat. 451; 43 U.S.C. § 521) EXPLANATORY NOTE Legislative History. S. 796, Public Law 147 in the 66th Congress. S. Rept. No. 21. Approval of contract 4 Construction with other laws 1 3 H.R. Rept. No. 279. NOTES OF OPINIONS Penalties for delinquent payments 5 1. Construction with other laws Section 4 of the Act of April 16, 1906, authorizes the furnishing of project water to a town in the immediate vicinity of the project which has a pre-existing water right in the same source of water as the project source. The authority to furnish water in such a case under the 1906 Act is neither repealed by, nor subject to the conditions of, the Act of February 25, 1920, 41 Stat. 451, or section 9(c) of the Reclamation Project Act of 1939. Memorandum of Acting Commissioner Lineweaver to Regional Director, Boise, September 26, 1950, in re contracts with cities of Culver and Metolius, Deschutes Project, Oregon. 2. Replacement of irrigation use The Secretary of the Interior has authority under the Act of February 25, 1920, 41 Stat. 451, to enter into a contract to supply to the City of El Paso an amount of A contract to permit the Public Service Company of Colorado to divert water from a canal of the Grand Valley project for cooling purposes may be entered into pursuant to the Act of February 25, 1920, or under section 9(c) or section 10 of the Reclamation Project Act of 1939. Revenues arising from the furnishing of water for this purpose should be credited as a tail end |