512 KING HILL IRRIGATION DISTRICT AGREEMENTS RESCINDED An act to convey to the King Hill irrigation district, State of Idaho, all the interest of the United States in the King Hill Federal Reclamation Project, and for other purposes. (Act of June 18, 1934, ch. 571, 48 Stat. 980) [Rescinding agreements with King Hill irrigation district.]—The Secretary of the Interior is hereby authorized to enter into a contract with the King Hill irrigation district, organized under the laws of the State of Idaho, by which said district and the United States shall rescind the agreements between them of March 2, 1926, November 14, 1923, January 11, 1922, June 17, 1920, and December 17, 1917, each party in such rescissory agreement to release the other from all obligations, accrued or to accrue, under the said five agreements, and the United States as a part of said rescissory agreement to quitclaim to the said district all the right, title, interest, and estate of the United States in or to said King Hill Reclamation projects, including the water rights thereof and any real estate acquired or held by the United States in connection therewith. (48 Stat. 980) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 3151, Public Law 378 in the 73rd Congress. S. Rept. No. 1055. H.R. Rept. No. 1600 (on H.R. 9583). 513 DEFICIENCY APPROPRIATION ACT FOR 1934 [Extracts from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30, 1934, and June 30, 1935, and for other purposes. (Act of June 19, 1934, ch. 648, 48 Stat. 1021) [Sun River project.]—Refund of construction charges: For refund of construction charges heretofore paid on permanently unproductive land designated "Farm Unit F", in section 32, township 21 north, range 1 west, Sun River project in Montana, and excluded from said project in accordance with sections 42 and 44 of the act approved May 25, 1926 (44 Stat. 636), $335.40, payable from the reclamation fund. [North Platte project.]—North Platte project, Nebraska-Wyoming: Not to exceed $6,000 from power revenues allocated to the Northport Irrigation District under subsection I, section 4, of the act of December 5, 1924 (43 Stat. 703), shall be available during the fiscal year 1935 for payment on behalf of the Northport Irrigation District, to the Farmers' Irrigation District for carriage of water for the Northport District under contract of August 10, 1915, between the United States and the Farmers' Irrigation District. (48 Stat. 1034) EXPLANATORY NOTES Not Codified. The above section of the Act of June 19, 1934, is not codified in the U.S. Code. Provision Repeated. A similar appropriation from power revenues for payment to the Farmers Irrigation District is contained in each subsequent annual Interior Department Appropriation Act through the Act of October 12, 1949, 63 Stat. 781, with the following modifications: the Act of May 9, 1935, 49 Stat. 198, and subsequent acts omit the words after "carriage of water" to the end of the sentence; and the Act of October 12, 1949, 63 Stat. 781, makes the appropriation from "net power and other revenues." [Emphasis supplied.] Cross References, Northport Irrigation District. Water to the Northport Irrigation District is transported through an extension of the Farmers' Irrigation District canal. The Northport District has annually reimbursed the Farmers' District for this carriage of water. Other statutory provisions authorizing the use of power revenues from the North Platte project for this purpose are found herein in chronological order under the Act of May 25, 1948, 62 Stat. 273, and the Act of September 6, 1950, 64 Stat. 689. The Act of August 13, 1957, 71 Stat. 342, also found herein in chronological order, authorizes the Secretary of the Interior to enter into an amendatory contract with the Northport Irrigation District in which contract the Northport Irrigation District shall relinquish any interest it may have in all present and potential power revenues from or related to the North Platte Federal reclamation project. Reference in the Text. Subsection I, section 4, of the Act of December 5, 1924 (43 Stat. 703), deals with the distribution of the profit from projects taken over by water users. The Act is the Fact Finders' Act, which appears herein in chronological order. Legislative History. H.R. 9830, Public Law 412 in the 73rd Congress. H.R. Rept. No. 1879. S. Rept. No. 1418. H.R. Rept. No. 2057 (conference report). 514 ADJUSTMENT OF CHARGES, LANGELL VALLEY IRRIGATION DISTRICT An act to amend the act entitled "An act to adjust water-right charges, to grant other relief on the Federal irrigation projects, and for other purposes," approved May 25, 1926, with respect to certain lands in the Langell Valley irrigation district. (Act of June 27, 1934, ch. 849, 48 Stat. 1266) [Omnibus Adjustment Act amended to provide: 1. Suspension of construction charges, Langell Irrigation District; 2. Contract for resumption of payment of construction charges required.]-The act entitled "An act to adjust waterright charges, to grant other relief on the Federal irrigation projects, and for other purposes", approved May 25, 1926, is amended by adding after section 16 thereof the following new sections: "Sec. 16-A. All payments upon construction charges shall be suspended against such lands in the Langell Valley irrigation district as the Secretary of the Interior shall cause to be classified as to productivity and as the said Secretary may determine to be temporarily unproductive because nonagricultural and unsuitable for irrigation, and the said Secretary is hereby authorized to reduce the construction obligations of the Langell Valley irrigation district exclusive of costs incurred in the construction of Clear Lake Channel in the ratio and proportion as the number of acres so found and determined to be temporarily unproductive bears to the total number of acres now included as a part of said irrigation district: Provided, That the amount of irrigation water to which the Langell Valley irrigation district is entitled shall be reduced in proportion to the area temporarily suspended from construction charges. "Sec. 16-B. The Secretary of the Interior, as a condition precedent to the allowance of the benefits offered under section 16-A, shall require the Langell Valley irrigation district to execute a contract providing for the resumption of construction charges by said district upon all, or any, of such acreages so found and determined to be temporarily unproductive, as the Secretary of the Interior may, subsequent to such suspension, find and declare to be possessed of sufficient productive power to be again placed in the paying class." (48 Stat. 1266) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Editor's Note, Annotations. Annotations of opinions, if any, are found under section 16 of the Act of May 25, 1926, the Omnibus Adjustment Act. Legislative History. S. 1510, Public Law 481 in the 73rd Congress. S. Rept. No. 1060. 515 TAYLOR GRAZING ACT [Extract from] An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement, and development, to stabilize the livestock industry dependent upon the public range, and for other purposes. (Act of June 28, 1934, ch. 865, 48 Stat. 1269) Sec. 7. [Classification of lands.]-The Secretary of the Interior is hereby authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing district, which are more valuable or suitable for the production of agricultural crops than for the production of native grasses and forage plants, or more valuable or suitable for any other use than for the use provided for under this Act, or proper for acquisition in satisfaction of any outstanding lien, exchange or script rights or land grant, and to open such lands to entry, selection, or location for disposal in accordance with such classification under applicable public-land laws, except that homestead entries shall not be allowed for tracts exceeding three hundred and twenty acres in area. Such lands shall not be subject to disposition, settlement, or occupation until after the same have been classified and opened to entry: Provided, That locations and entries under the mining laws, including the Act of February 25, 1920, as amended, may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this Act. Where such lands are located within grazing districts reasonable notice shall be given by the Secretary of the Interior to any grazing permittee of such lands. The applicant, after his entry, selection, or location is allowed, shall be entitled to the possession and use of such lands: Provided, That upon the application of any applicant qualified to make entry, selection, or location, under the public-land laws, filed in the land office of the proper district, the Secretary of the Interior shall cause any tract to be classified, and such application, if allowed by the Secretary of the Interior, shall entitle the applicant to a preference right to enter, select, or locate such lands if opened to entry as herein provided. (48 Stat. 1272; § 2, Act of June 26, 1936, 49 Stat. 1976; 43 U.S.C. § 315f) EXPLANATORY NOTES 1936 Amendment. Section 2 of the Act of June 26, 1936, amended the section generally by extending the classification authority to all lands covered by Executive Orders 6910 and 6964, as well as lands within a grazing district, and by permitting lands after appropriate classification to be open to all forms of entry, selection or location under the public land laws, rather than confining such entry to homesteads. For legislative history of the 1936 Act see H.R. 10094, Public Law 827 in the 74th Congress; H.R. Rept. No. 2125; S. Rept. Executive Orders. Executive Order No. 6910 (November 26, 1934) withdrew from settlement, location, sale or entry, all vacant, unreserved and unappropriated public land in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah and Wyoming, for classification under the Act of June 28, 1934, and for conservation and development of natural 516 TAYLOR GRAZING ACT resources. Executive Order No. 6964 (February 5, 1935) withdrew from settlement, location, sale, or entry, all public lands, except public lands under an existing_reservation for a public purpose, in the States of Alabama, Arkansas, Florida, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Nebraska, Oklahoma, Washington, and Wisconsin, for classification and for conservation and development of natural resources. Classification 1 Withdrawals, effect of 2 1. Classification Reference in Text. The Act of February 25, 1920, referred to in the text, is the Mineral Leasing Act. Editor's Notes, Annotations. Only selected annotations of opinions are included because this act does not relate primarily to activities of the Bureau of Reclamation. Legislative History. H.R. 6462, Public Law 482 in the 73rd Congress. H.R. Rept. No. 903. S. Rept. No. 1182. H.R. Rept. No. 2050 (conference report). NOTES OF OPINIONS In exercise of the discretionary authority vested in the Secretary under section 7 of the Taylor Grazing Act, as amended, public land in the Imperial Valley, California, may be classified as not proper for disposition under the Desert Land Act, 19 Stat. 377, as amended, on the grounds that it would be contrary to the public interest at this time to increase the pressure on the inadequate water supply available for use in California from the Colorado River. Hugh S. Ritter, Thomas M. Bunn, 72 I.D. 111 (1965). See also Stephan H. Clarkson, 72 I.D. 138 (1965). 2. Withdrawals, effect of Land withdrawn under reclamation withdrawal is not unreserved land or land of the type contemplated in Executive Order No. 6910, withdrawing all vacant, unreserved and unappropriated public land in 12 Western States, and unless and until public lands withdrawn pursuant to the Act of June 17, 1902, are restored or eliminated by the Department from such reclamation withdrawals, such lands are excepted from said Executive order, except as otherwise therein provided. Decision of General Land Office, December 13, 1934, approved by First Assistant Secretary, in re Udin entry 05979, Greenfields Irrigation District. Executive Order No. 6910 applies to lands which at the time of the order were covered by withdrawal and attaches to such lands upon the termination of the prior withdrawal. Solicitor Margold Opinion, 55 I.D. 205 (1935). Where lands within a grazing district are found to be needed for reclamation purposes and are more valuable or suitable for that purpose than for grazing purposes, the Secretary of the Interior may, by one order, eliminate them from the grazing district and withdraw them for reclamation purposes by virtue of his authority under the Act of June 26, 1936, and the Act of June 17, 1902, 32 Stat. 388. Memorandum of First Assistant Secretary Walters to Commissioner, General Land Office, July 10, 1936. Public land in a state irrigation district under the Smith Act and burdened with an obligation to pay a proportionate share of irrigation charges is unaffected by the withdrawal order of November 26, 1934, which order declares its operation as a land withdrawal is subject to "existing valid rights." Harley R. Black, 55 I.D. 445 (1936). Public land which is included in a first form reclamation withdrawal is not open to selection and disposal under the private exchange provisions of section 8 of the Taylor Grazing Act. Perley M. Lewis, A-26743 (June 9, 1954). |