236

SUNDRY CIVIL APPROPRIATIONS ACT, 1918

[$1,000,000 annually to be paid from reclamation fund to general funds in Treasury.]-The Act of June twenty-fifth, nineteen hundred and ten (Thirtysixth Statutes, page eight hundred and thirty-five), is amended to provide that reimbursement of the moneys advanced under the provisions of that act shall be made by transferring annually the sum of $1,000,000 from the reclamation fund to the general funds in the Treasury, beginning July first, nineteen hundred and twenty, and continuing until full reimbursement has been made. (40 Stat. 149)

EXPLANATORY NOTE

1933, and June 22, 1936. A complete reimbursement to the Treasury of funds advanced to the Reclamation Fund under the provisions of the Acts of June 25, 1910, and March 3, 1931, as amended, was effected by the Act of May 9, 1938. Each of these provisions, except that contained in the 1936 Act, appears herein in chronological order.

Supplementary Provisions: Moratoria on Repayment, Final Reimbursement. The Act of February 6, 1931, contains a provision granting a moratorium of two years in repayment of money advanced to the reclamation fund by the Act of June 25, 1910, as amended by the above provision. Further postponement of repayment until 1938 was made by the Acts of April 1, 1932, March 3, [Application of moneys refunded or received.]-All moneys heretofore or hereafter refunded or received in connection with operations under the reclamation law, except repayments of construction and operation and maintenance charges, shall be a credit to the appropriation for the project or operation from or on account of which the collection is made and shall be available for expenditure in like manner as if said sum had been specifically appropriated for said project or operation. (40 Stat. 149; 43 U.S.C. § 415)

SUNDRY CIVIL APPROPRIATIONS ACT, 1918

EXPLANATORY NOTES

238

SUSPENSION OF RESIDENCE REQUIREMENTS DURING WORLD

WAR I

[Extracts from] An act to provide further for the national security and defense by stimulating agriculture and facilitating the distribution of agricultural products. (Act of August 10, 1917, ch. 52, 40 Stat. 273)

Sec. 11. [Suspension of residence requirements.]-The Secretary of the Interior is hereby authorized, in his discretion, to suspend during the continuance of this act that provision of the act known as the "reclamation act" requiring residence upon lands in private ownership or within the neighborhood for securing water for the irrigation of the same, and he is authorized to permit the use of available water thereon upon such terms and conditions as he may deem proper. (40 Stat. 276)

Sec. 12. [Duration of suspension.]—The provisions of this act shall cease to be in effect when the national emergency resulting from the existing state of war shall have passed, the date of which shall be ascertained and proclaimed by the President; but the date when this act shall cease to be in effect shall not be later than the beginning of the next fiscal year after the termination, as ascertained by the President, of the present war between the United States and Germany. (40 Stat. 276)

EXPLANATORY NOTES

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

Termination of Contracts. The Order of the Secretary of the Interior dated April 23, 1920, terminated all contracts for temporary water service under the Act of August 10, 1917, and the regulations issued thereunder, 46 L.D. 213 (1917). 47 L.D. 370 (1920).

Termination of World War I. Congress on March 3, 1921, 41 Stat. 1359, passed a joint resolution declaring that March 3, 1921, shall be treated as the date of termination of World War I.

Cross Reference, Suspension of Residence Requirements for Servicemen of World War II. Section 508 of the Soldiers' and Sailors' Civil Relief Act of 1940, authorizes the Secretary of the Interior, in his discretion, to suspend residence requirements for military personnel of World War II. Section 508 of the Act, enacted October 17, 1940, appears herein in chronological order.

Legislative History. H.R. 4188, Public Law 40 in the 65th Congress. H.R. Rept. No. 44. H.R. Rept. No. 118 and S. Doc. 73 (conference reports).

239

RECEIPTS FROM POTASSIUM DEPOSITS TO BE PAID INTO RECLAMATION FUND

[Extract from] An act to authorize exploration for and disposition of potassium. (Act of October 2, 1917, ch. 62, 40 Stat. 297)

Sec. 10. [Disposal of receipts from potassium deposits.]—All moneys received from royalties and rentals under the provisions of this act, excepting those from Alaska, shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the act of Congress approved June 17, nineteen hundred and two, known as the reclamation act, but after use thereof in the construction of reclamation works and upon return to the reclamation fund of any such moneys in the manner provided by the reclamation act and acts amendatory thereof and supplemental thereto, fifty per centum of the amounts derived from such royalties and rentals so utilized in and returned to the reclamation fund 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.. (40 Stat. 300)

Not Codified. The extract of this act shown here is not codified in the U.S. Code.

1927 and 1948 Modifications. This Act was replaced by the Potash Leasing Act of February 27, 1927, 44 Stat. 1057, 1058, which amended sections 1 and 37 of the Mineral Leasing Act of February 25, 1920, to include potassium. However, the 1927 Act continued existing leases in accordance with the terms of this Act. In 1948, one such lease remained under this Act, with the royalties received under the lease being distributed according to section 10 above. Therefore, the Congress enacted the Act of June 1, 1948, 62 Stat. 279, which amended

the 1927 Act to include the royalties realized under this Act within the 1927 Act's distribution formula, i.e., 522 per centum to the Reclamation Fund, 10 per centum to the Treasury as miscellaneous receipts, and 372 per centum to the State within which the leased lands or deposits are or were located for use in road building and in the support of public schools. The Mineral Leasing Act of February 25, 1920, appears herein in chronological order.

Legislative History. S. 2156, Public Law 49 in the 65th Congress. S. Rept. No. 100. H.R. Rept. No. 145.

240

DRAINAGE ON RIO GRANDE PROJECT

Joint resolution to authorize the Secretary of the Interior to expend funds in New Mexico and Texas for drainage purposes. (Pub. Res. October 6, 1917, ch. 107, 40 Stat. 426) [Drainage expenditures allowed.]—In order to provide for immediate and necessary drainage of lands in the Rio Grande reclamation project, New Mexico and Texas, the provisions of the sundry civil act, approved June twelfth, nineteen hundred and seventeen, as far as applicable to said project, are hereby modified and amended so as to authorize and permit the Secretary of the Interior to expend not exceeding $15,000 in drainage work upon that portion of the project located within the State of New Mexico pending the formation of an irrigation district covering the lands within New Mexico under this project, and to expend upon that portion of the project located within the State of Texas such amount, within the limit of available appropriations, as the existing irrigation district may obligate itself to repay. (40 Stat. 426)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Reference in the Text. The Sundry Civil Expenses Appropriation Act for 1918, 40 Stat. 198, approved June 12, 1917, referred to in the text, prohibited the expenditure of funds for drainage on the Rio Grande project unless an irrigation district had executed an agreement for repayment of all project

investments. A similar provision also is contained in the Sundry Civil Expenses Appropriation Acts of July 1, 1918, 40 Stat. 674, and July 19, 1919, 41 Stat. 201. The relevant extract from the 1917 Act appears herein in chronological order.

Legislative History. S.J. Res. 89, Public Resolution 14 in the 65th Congress.