306 EXTEND RELIEF TO WATER USERS ACT nance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 6 per centum per annum, paid annually from the time said amount became due to date of payment: Provided further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and actual inability to make payment at the time of the application and an apparent ability to meet the deferred charges in 1924 and subsequent years: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this act, any penalty now provided by law shall attach from the date the charge was originally due: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary. (42 Stat. 1325) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 4187, Public Law 454 in the 67th Congress. H.R. Rept. No. 1508. 307 SUIT RESPECTING KLAMATH PROJECT LAND AUTHORIZED An act authorizing the State of California to bring suit against the United States to determine title to certain lands in Siskiyou County, Calif. (Act of March 3, 1923, ch. 220, 42 Stat. 1438) [Suit to determine title to lands in Siskiyou County, California-Secretary made a party-Defense by Attorney General.]-Consent is hereby given that a suit or suits may be instituted by or in behalf of the State of California in the Supreme Court of the United States to determine the right, title, and interest of such State to certain lands in Siskiyou County, California, alleged to have been ceded by such State to the United States by act of the Legislature of the State of California entitled "An act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also ceding to the United States all the right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the State", approved February 3, 1905, and in any such suit the right, title, and interest of such State and of the United States may be fully tested and determined if the Secretary of the Interior is made a party to such suit. Upon the request of such Secretary the Attorney General of the United States is authorized and directed to defend the right, title, and interest of the United States to such land or any part thereof. (42 Stat. 1438) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Suit Never Taken. No suit has ever been instituted by the State of California pursuant to this statute. Nonetheless, the statute is without a limitation with respect to the time in which a suit or suits may be instituted. Cross Reference, Conveyance of Goose Lake Lands. Pursuant to the authority granted by the Act of June 5, 1942, 56 Stat. 323, the United States quitclaimed to the States of California and Oregon all the right, title, and interest of the United States held under the laws of the respective States. The 1942 Act appears herein in chronological order. Legislative History. S. 3892, Public Law 481 in the 67th Congress. S. Rept. No. 1070. H.R. Rept. No. 1626. 308 THE 1924 RELIEF ACT An act to authorize the deferring of payments of reclamation charges. (Act of May 9, 1924, ch. 150, 43 Stat. 116) [Sec. 1. Extension of time for payment of accrued charges, rentals, and penalties-Interest on extensions.]—The Secretary of the Interior is hereby authorized and empowered, in his discretion, to defer the dates of payments of any charges, rentals, and penalties which have accrued prior to the 2d day of March, 1924, under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and amendatory and supplemental acts, or prior to that date as against water users on any irrigation project being constructed or operated and maintained under the direction of the Commissioner of Indian Affairs, as may, in his judgment, be necessary in or concerning any irrigation project now existing under said act: Provided, That no payment shall be deferred under this section in any particular case beyond March 1, 1927: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty now provided by law shall thereupon attach from the date of such default. (43 Stat. 116; 43 U.S.C. § 384) Sec. 2. [Addition of accrued charges to construction charges.]—Where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), or any act amendatory thereof or supplementary thereto, makes application prior to January 1, 1925, alleging that he will be unable to make the payments as required in section 1 hereof, the Secretary of the Interior is hereby authorized in his discretion prior to March 1, 1925, to add such accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges THE 1924 RELIEF ACT 309 equally over each of the subsequent years, beginning with the year 1925, or, in the discretion of the Secretary, distribute a total of one-fourth over the first half of the remaining years of the twenty-year period beginning with the year 1925, and three-fourths over the second half of such period, so as to complete the payment during the remaining years of the twenty-year period of payment of the original construction charge: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: Provided, further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and probable inability to make payment at the time required in section 1: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this act, any penalty now provided by law shall thereupon attach from the date of such default: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary. (43 Stat. 116; 43 U.S.C. § 384) EXPLANATORY NOTES Popular Name. This statute is popularly known as the Phipps Act, being so named for Senator L. C. Phipps of Colorado. Cross Reference, Leavitt Act. The Act of July 1, 1932, 47 Stat. 564, popularly known as the Leavitt Act, authorizes the Secretary of the Interior to adjust the reimbursable charges of the Government exist ing as debts against individual Indians or Indian tribes. The Leavitt Act appears herein in chronological order. Legislative History. S. 1631, Public Law 115 in the 68th Congress. S. Rept. No. 111. H.R. Rept. No. 312. H.R. Rept. No. 591 (conference report). 310 INDIAN LANDS FOR AMERICAN FALLS RESERVOIR An act authorizing the acquiring of Indian lands on the Fort Hall Indian Reservation, in Idaho, for reservoir purposes in connection with the Minidoka irrigation project. (Act of May 9, 1924, ch. 151, 43 Stat. 117) [Sec. 1. Lands to be acquired-Description-Right of Indians.]—Subject to payment being made as provided herein, there is hereby granted to the United States, its successors and assigns, for the proposed American Falls Reservoir on the Snake River under the Minidoka Federal irrigation project, in Idaho, all right, title, and interest the Indians have to the tribal and allotted lands within that section of the Fort Hall Indian Reservation commonly referred to as the Fort Hall Bottoms, which lands will be inundated by the impounding of one million seven hundred thousand acre-feet of water within said proposed reservoir, together with a five-foot freeboard the elevation of which shall be established, using as a basis the one million five hundred thousand acre-foot contour line as shown in what is known as the Dyer-Dietz-Banks appraisal of Indian lands dated December 30, 1922, and on file in the Department of the Interior subject to the reservation of an easement to the Fort Hall Indians to use the said lands for grazing, hunting, fishing, and gathering of wood, and so forth, the same way as obtained prior to this enactment, in so far as such uses shall not interfere with the use of said lands for reservoir purposes. (43 Stat. 117) Sec. 2. [Agreement or condemnation authorized-Appraisal-Payment.]— The Secretary of the Interior is hereby authorized to acquire by agreement or condemnation proceedings the area of allotted lands described in section 1. The value fixed by agreement with the allottees, and in any case where it may become necessary to institute condemnation proceedings for such purpose, the value of the allotment or allotments involved as determined by such proceedings, shall be paid out of the sum deposited to the credit of the Fort Hall Indians as provided in section 3 hereof. (43 Stat. 117) Sec. 3. [Amount to be taken from reservoir construction money and deposited to credit of Indians.]—In consideration of the rights granted in section 1 hereof, of both tribal and allotted lands, there shall be deposited in the Treasury of the United States to the credit of the Fort Hall Indians the total sum of $700,000, which sum shall be taken from moneys appropriated for the construction of said reservoir: Provided, That the said sum of $700,000, when so deposited, shall draw interest at the rate of 4 per centum per annum. (43 Stat. 117) Sec. 4. [Appraisal of damages to adjoining lands-Determination by board-Payment for.]-Should any lands above the five-foot freeboard, as provided in section 1, be damaged on account of the reservoir, the amount of the damage shall be determined by a board consisting of three members-two of which shall be appointed by the Secretary of the Interior-one from the Bureau of Indian Affairs, and one from the Bureau of Reclamation, the third member, who shall be a disinterested party, to be selected by the two so appointed. The amount of damage as fixed by the board shall be taken from moneys appro |