502

RECLASSIFICATION OF LANDS WITHIN KLAMATH IRRIGATION DISTRICT

An act to amend section 14 of an act entitled "An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes", approved May 25, 1926 (44 Stat. 636), as amended (46 Stat. 249). (Act of June 23, 1932, ch. 273, 47 Stat. 331)

[Secretary authorized to place lands in temporarily unproductive class.]— An act entitled "An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes", approved May 25, 1926 (44 Stat. 636), as amended by the act of April 23, 1930 (46 Stat. 249) is hereby further amended by adding after the subparagraph (a) in section 14 the following new subparagraph:

"(a-1) The Secretary of the Interior is hereby authorized to reclassify all lands within the Klamath irrigation district and to place in the temporarily unproductive class such lands as he determines are properly subject to this classification." (47 Stat. 332; 43 U.S.C. § 610)

EXPLANATORY NOTES

References in the Text. The Act of May 25, 1926 (44 Stat. 636), as amended by the Act of April 23, 1930 (46 Stat. 249), which is amended by this act, is the Omnibus Adjustment Act. Both the Act and the amending statute appear herein in chronological order.

Editor's Note, Annotations. Annotations of opinions, if any, are found under section 14 of the Act of May 25, 1926.

Legislative History. S. 4614, Public Law 191 in the 72nd Congress. S. Rept. No. 724. H.R. Rept. No. 1438 (on H.R. 11966).

503

SECOND DEFICIENCY APPROPRIATION ACT, 1932

[Extracts from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1932, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1932, and June 30, 1933, and for other purposes. (Act of July 1, 1932, ch. 364, 47 Stat. 525.)

The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1932, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1932, and June 30, 1933, and for other purposes, namely:

[Yakima project-Power revenues.]—Yakima project (Kennewick Highlands unit), Washington: Provided, That not to exceed $40,000 from

power revenues shall be available during the fiscal year 1933 for operation and maintenance of power system. (47 Stat. 535)

EXPLANATORY NOTE

Provision Repeated. A similar appropriation of power revenues for operation and maintenance purposes of the Yakima project, not limited to the Kennewick High

lands unit, is contained in each subsequent annual Interior Department Appropriation Act through the Act of October 12, 1949, 63 Stat. 781.

[Palo Verde Valley flood protection-Authorized.]-Palo Verde Valley, California, flood protection: For the protection of the Palo Verde Valley, California, from overflow and destruction by Colorado River floods, to be expended under the direction of the Secretary of the Interior for the purpose of repairing and reconstructing the levee system on the Colorado River in front of the said Palo Verde Valley, fiscal year 1933, $50,000, or so much thereof as may be necessary. (47 Stat. 535)

EXPLANATORY NOTES

Not Codified. Extracts of this Act shown here are not codified in the U.S. Code.

Legislative History. H.R. 12443, Public

Law 235 in the 72nd Congress. H.R. Rept. No. 1491. S. Rept. No. 948. H.R. Rept. No. 1736 (conference report).

504

LEAVITT ACT

An act to authorize the Secretary of the Interior to adjust reimbursable debts of Indians and tribes of Indians. (Act of July 1, 1932, ch. 369, 47 Stat. 564)

[Indians-Adjustment of reimbursable debts-Deferment of irrigation construction charges-Report to Congress-Approval of Congress.]—The Secretary of the Interior is hereby authorized and directed to adjust or eliminate reimbursable charges of the Government of the United States existing as debts against individual Indians or tribes of Indians in such a way as shall be equitable and just in consideration of all the circumstances under which such charges were made: Provided, That the collection of all construction costs against any Indian owned lands within any Government irrigation project is hereby deferred, and no assessments shall be made on behalf of such charges against such lands until the Indian title thereto shall have been extinguished, and any construction assessments heretofore levied against such lands in accordance with the provisions of the Act of February 14, 1920 (41 Stat. L. 409), and uncollected, are hereby canceled: Provided further, That a report shall be made to Congress annually, on the first Monday in December, showing adjustments so made during the preceding fiscal year: Provided further, That any proceedings hereunder shall not be effective until approved by Congress unless Congress shall have failed to act favorably or unfavorably thereon by concurrent resolution within sixty legislative days after the filing of said report, in which case they shall become effective at the termination of the said sixty legislative days. (47 Stat. 564; 25 U.S.C. § 386a)

EXPLANATORY NOTES

Reference in the Text. The Act of February 14, 1920 (41 Stat. L. 409), referred to in the text, is the Bureau of Indian Affairs Appropriation Act for the fiscal year ending June 30, 1921. It included appropriations for irrigation projects on Indian reservations, which appropriations were to be reimbursed to the Government. Cross Reference, Phipps Act. The Act of

1. Application

May 9, 1924, 43 Stat. 116, popularly known as the Phipps Act, is an act for the relief of Indian water users. The Act appears herein in chronological order.

Legislative History. H.R. 10884, Public Law 240 in the 72nd Congress. H.R. Rept. No. 951. S. Rept. No. 752. H.R. Rept. No. 1725 (conference report).

NOTES OF OPINIONS

The reference in the first proviso to any "Government irrigation project" should be construed as applying only to a Government Indian irrigation project, and does not include reclamation projects. Solicitor Finney Opinion, 54 I.D. 90 (1932.)

The provision in subsection 9(c) of the Flood Control Act of 1944 that "irrigation of Indian trust and tribal lands, and repayment therefor, shall be in accordance with the laws relating to Indian

lands," extends the Leavitt Act to all such Indian lands irrigated under the Missouri River Basin project. Memorandum of Associate Solicitor Hogan, June 26, 1964, in re definite plan report for Tower, Greenwood, and Yankton units.

Section 4(d) of the Colorado River Storage Project Act extends the Leavitt Act to all participating projects. The Leavitt Act therefore applies to Pueblo Indian lands in the Middle Rio Grande Conservancy District served by the San Juan-Chama project; and the fact that section 2 of the

506

MORATORIUM ON CONSTRUCTION CHARGES FOR 1932 AND 1933 An act to extend the operation of the act entitled "An act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law", approved April 1, 1932. (Act of March 3, 1933, ch. 200, 47 Stat. 1427) [Sec. 1. Provisions of act of April 1, 1932, extended to remaining one-half of charges coming due for 1932 and to all of charges for 1933-Time extended for beginning Uncompahgre drainage system—Time extended for payment of charges on Uncompahgre and Grand Valley projects—Interest at 3 percent on deferred charges.]-In the administration of the act entitled "An act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law", approved April 1, 1932, the Secretary of the Interior is authorized and directed to extend the provisions of such act relating to certain charges coming due for 1931 and to one-half of certain charges due for 1932, in like manner to the remaining one-half of such charges coming due for 1932 and to all of similar charges to become due for 1933, and to extend the provisions of section 3 of such act, (1) so far as they relate to the extension of time for beginning construction of a drainage system upon the Uncompahgre reclamation project, to one year from and after January 1, 1933, and (2) so far as they relate to certain charges upon or for the Uncompahgre and Grand Valley reclamation projects in the State of Colorado due and payable for the year 1932, in like manner to all similar charges due and payable for the year 1933: Provided, That the deferred charges shall bear interest at the rate of 3 per centum per annum for the years specified in the act approved April 1, 1932, and as amended herein, which interest shall be paid at the same time the principal deferred herein is paid. (47 Stat. 1427)

Sec. 2. [Section 10 of act of April 1, 1932, amended.]-The last line of section 10 of said act is amended by substituting "1936" for "1934." (47 Stat. 1427)