THE OMNIBUS ADJUSTMENT ACT-SEC. 49 reasonable conditions. Associate Solicitor Cohen Opinion, M-34999 (October 22, 1947). Inasmuch as section 46 of the Omnibus Adjustment Act of 1926 provides only that recordable contracts for the sale of excess lands be "under terms and conditions satisfactory to the Secretary of the Interior," and prescribes no time period within which such sales must be consummated, a ten-year period, if found to be appropriate, is legally permissible. Memorandum of Regional Solicitor Graham, August 1, 1945, reprinted in Central Valley Project Documents, Part 2, H.R. Doc. No. 246, 85th Cong., 1st Sess. 642 (1957). The anti-speculation provisions of section 46, which require the approval of the sale price by the Secretary, apply to all lands which are in excess after the execution of the district repayment or water service contract. Deputy Solicitor Weinberg Opinion, 72 I.D. 245 (1965), in re Westlands Water District contract. For the purpose of determining when the requirement for Secretarial approval of the sales price of excess lands is no longer operative, the Secretary has authority to determine administratively by reasonable means the total construction charges against such land and the time at which one-half of 387 such charges has been paid; and the contingent liability of the lands on account of possible default in payment by other lands is not part of the "construction charge" assignable to the land in question. Memorandum of Chief Counsel Fix, September 3, 1948 (attachment No. 1 to Supp. No. 1, Admin. Ltr. No. 303). [Ed. note: Other aspects of the Fix memorandum were overruled by Solicitor Bennett Opinion, 64 I.D. 273, 278 (1957), in re proposed contract with Kings River Conservation District.] In the Circuit Court of Oregon for Malheur County the question was raised as to whether there was authority in the Secretary of the Interior to require the making of so-called "incremented value" contracts by district water users as a condition to a right to receive water from a project, these contracts having as their object the control or prevention of speculation in lands. The Circuit Court dismissed the actions on the ground that the United States was a vital and necessary party. But in the course of the opinion or the demurrers, the court discussed the question noted above by way of dictum and indicated its view that authority could be found in the Reclamation law. Terra v. Pinney and Owyhee Irr. Dist., and Pfeifer v. Greig and Owyhee Irr. Dist., January 27, 1937, reprinted in June and July, 1937, issues of the "Reclamation Era." Sec. 47. [Repeal of subsections E, F, and L of section 4, Fact Finders' Act.]— Subsections E, F, and L of section 4, act approved December 5, 1924 (Fortythird Statutes at Large, page 701), are hereby repealed, except as herein otherwise provided. (44 Stat. 650) Sec. 48. [Purpose of act.]-The purpose of this act is the rehabilitation of the several reclamation projects and the insuring of their future success by placing them upon a sound operative and business basis and the Secretary of the Interior is directed to administer this act to those ends. (44 Stat. 650; 43 U.S.C. § 423f) Sec. 49. [Delivery of water during 1926 irrigation season notwithstanding delinquency in payment of water-right charges.]-Pending the execution of any contract under this act or the Interior Department Appropriation Act for the fiscal year 1927, or the said act of December 5, 1924, the Secretary is authorized, in his discretion and when convinced that action looking to execution of contract is being expedited in good faith, to deliver water during the irrigation season of 1926 to the irrigation district, water user's association, or water-right applicant affected, notwithstanding delinquency in the payment of water-right charges which under the law applicable would render such irrigation district, water users' association, or water-right applicant ineligible to receive water. (44 Stat. 650) 388 THE OMNIBUS ADJUSTMENT ACT-SEC. 50 EXPLANATORY NOTES Reference in the Text. The Interior Department Appropriation Act for the Fiscal Year 1927, referred to in the text, was approved May 10, 1926. Extracts from the Act appear herein in chronological order. Reference in the Text. The Act of December 5, 1924, referred to in the text, is section 4 of said Act, the Fact Finders' Act. The Act appears herein in chronological order. Sec. 50. [Adjustment of water-right charges as a final adjudication on projects and divisions named.]—The adjustments under sections 1 to 40, inclusive, of this act are declared to be an incident of the operation of the "reclamation law," a final adjudication on the projects and divisions named in such sections under the authority contained in subsection K, section 4, of the act approved December 5, 1924 (Forty-third Statutes, page 701), and shall not hereafter be construed to be the basis of reimbursement of the "reclamation fund" from the general fund of the Treasury or by the diversion to the "reclamation fund" of revenue of the United States not now required by law to be credited to such "reclamation fund." (44 Stat. 650; 43 U.S.C. § 423g) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code except for Sections 14 (a-1), 40 through 46, 48 and 50. Reference in the Text. Subsection K, section 4 of the Act of December 5, 1924 (Forty-third Statutes at Large, page 701), referred to in section 50, deals with surveys authorized to be made whenever it appears that settlers are unable to pay construction costs. The Act is the Fact Finders' Act, which appears herein in chronological order. Legislative History. H.R. 10429, Public Law 284 in the 69th Congress. H.R. Rept. No. 617. S. Rept. No. 831. 389 CANCELLATION OF WATER-RIGHT CHARGES, BUFORD- An act to cancel water-right charges and release liens on the Buford-Trenton and Williston irrigation projects, North Dakota, and for other purposes. (Act of May 26, 1926, ch. 395, 44 Stat. 653) [Sec. 1. Secretary authorized to cancel water-right charges and release liens, Buford-Trenton and Williston projects.]-The Secretary of the Interior is authorized to cancel water-right charges of any and every kind in connection. with the Buford-Trenton and Williston irrigation projects in North Dakota constructed under the act of Congress approved June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, and to release or consent to the release of any and all liens however created and now existing against lands of said projects on account of said waterright charges. (44 Stat. 653) Sec. 2. [Power of Secretary.]-The Secretary of the Interior is authorized to do any and all things necessary to give full effect to the provisions of this act. (44 Stat. 653) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Sale of Property. The Interior Appropriation Act of March 3, 1925 (43 Stat. 1168), authorized the lease or sale of buildings, machinery, equipment and other property of the Williston project, North Dakota. Contract dated August 18, 1925, canceled repayment contracts of April 3, 1919, and March 1, 1921. Project buildings and property were sold effective January 1, 1926, by contract, Symbol No. Ilr-222, dated January 12, 1926, with W. S. Davidson. Legislative History. H.R. 7819, Public Law 291 in the 69th Congress. H.R. Rept. No. 452. 390 APPOINTMENT OF COMMISSIONER OF RECLAMATION An act to provide for the appointment of a Commissioner of Reclamation, and for other purposes. (Act of May 26, 1926, ch. 401, 44 Stat. 657) [Reclamation of arid lands shall be administered by Commissioner of Reclamation-Salary.]-Under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the act of June 17, 1902, and acts amendatory thereof and supplementary thereto, shall be administered by a Commissioner of Reclamation who shall receive a salary of $10,000 per annum, and who shall be appointed by the President. (44 Stat. 657; 43 U.S.C. § 373a; Act of September 6, 1966, 80 Stat. 378; 5 U.S.C. § 5316) EXPLANATORY NOTES Commissioner's Salary. Various statutes increased the salary of the Commissioner of Reclamation over the years. At this writing, this salary is provided for in section 5316 of Title 5, United States Code. Title 5 of the Code was revised, codified and enacted into law by the Act of September 6, 1966, 80 Stat. 378, Public Law 89-554. Legislative History. S. 1170, Public Law 297 in the 69th Congress. S. Rept. No. 51. H.R. Rept. No. 549. 391 REFUND EXCESS PRICE FOR LOTS IN TOWN SITE OF BOWDOIN An act authorizing repayment of excess amounts paid by purchasers of certain lots in the town site of Bowdoin, Montana. (Act of June 8, 1926, ch. 500, 44 Stat. 708) [Sec. 1. Certification of excess over reappraisal.]—The Secretary of the Interior is hereby authorized to certify to the Secretary of the Treasury the difference between the amounts paid by purchasers of the lots in the town site of Bowdoin, Montana, and the price fixed as result of reappraisal by the Secretary of the Interior of May 11, 1925, in all cases whether patents had or had not issued at the time of the reappraisal of the lots: Provided, That the purchasers or their legal representatives apply for repayment of such amounts within three years from the passage of this Act. (44 Stat. 708; Act of February 2, 1929, 45 Stat. 1146) Sec. 2. [Payment by Secretary of the Treasury.]-Upon receipt of the certificate from the Secretary of the Interior, the Secretary of the Treasury is hereby authorized and directed to make payment to such purchasers out of the fund known as the Reclamation Fund, created by the Act of Congress approved June 17, 1902, Thirty-second Statutes, page 388. (44 Stat. 709) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. 1929 Amendment. The Act of February 2, 1929, extended the date for application for refund from June 8, 1928, to June 8, 1929. Legislative History. S. 3268, Public Law 356 in the 69th Congress. S. Rept. No. 499. H.R. Rept. No. 1252. |