331 REFUNDS TO WORLD WAR I VETERANS An act to provide for refunds to veterans of the World War of certain amounts paid by them under Federal irrigation projects. (Act of February 21, 1925, ch. 277, 43 Stat. 956) [Sec. 1. Definitions.]-As used in this act-(a) The term "veteran" includes any individual a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918; but does not include (1) any individual at any time during such period or thereafter separated from such forces under other than honorable conditions, (2) any conscientious objector who performed no military duty whatever or refused to wear the uniform, or (3) any alien at any time during such period or thereafter discharged from the military or naval forces on account of his alienage; and (b) The term "reclamation law” means the act entitled “An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June 17, 1902, and all acts amendatory thereof or supplementary thereto. (43 Stat. 956) Sec. 2. [Veterans entitled to refund-Investigation and approval of applications for refunds and payment thereof.]—(a) Any veteran-who at any time since April 6, 1917, has made entry upon a farm unit within a Federal irrigation project under the reclamation law and (1) who no longer retains such entry because of cancellation by, or relinquishment to, the United States after or (2) who, prior to receipt by him of a final certificate in respect of such entry, but in no case more than one year after date of passage of this act, desires to relinquish such entry-may, in accordance with regulations prescribed by the Secretary of the Interior, file application for the refund provided in subdivision (b). A veteran who has been compensated, in cash or otherwise, for any such relinquishment shall not be entitled to the benefits of this act, and before payment of such refund the Secretary of the Interior, under such regulations as he may prescribe, shall require proof that the veteran has not been so compensated. (b) Upon receipt of such application the Secretary of the Interior is authorized to investigate the facts and, in his discretion, to pay as a refund to any such veteran entitled thereto a sum equal to all amounts paid to the United States by such veteran, or for his account, as construction charges and as interest and penalties on such charges in respect of such unit. Every such refund so approved by the Secretry of the Interior shall be paid from the appropriation for the project on which the entry in question was made. (43 Stat. 956) 1. Application NOTES OF OPINIONS The right of a veteran to refund under the act of February 21, 1925, of charges paid by him on a reclamation homestead entry which he relinquishes prior to receipt of final certificate and within one year after the passage of the act is not defeated by action of the Government in canceling the entry, for sufficient reasons, independently of the relinquishment. Fred E. Hargis, 51 L.D. 329 (1926). 332 REFUNDS TO WORLD WAR I VETERANS The act of February 21, 1925, is applicable only to public lands and does not authorize refund of charges paid on a waterright application for the irrigation of land in private ownership. Lawrence W. Crehore, 51 L.D. 345 (1926). The word "after" in the following clause of section 2, act of February 21, 1925"who no longer retains such entry because of cancellation by, or relinquishment to the United States after"-is meaningless, was inadvertently retained in the process of legislation, and should be ignored. Fred E. Hargis, 51 L.D. 329 (1926). Sec. 3. [Benefits accruing to estates of veterans-Relinquishment of rights on acceptance of refund.]-(a) The estate of a veteran shall be entitled to the benefits of this act in any case where the veteran, if living, could have availed himself of such benefits. Application for such benefits shall be made by, and payments thereof shall be made to, the executor or administrator of such estate. (b) A veteran (or his estate) accepting in respect of any farm unit the benefits of this act, shall be deemed thereby to have relinquished, in accordance with regulations prescribed by the Secretary of the Interior, all right, title, or interest of such veteran (or estate) in such farm unit and any improvements thereon. (43 Stat. 956) Sec. 4. [Cancellation of water rights.]-The Secretary of the Interior is authorized to cancel any application for permanent water right for any farm unit in respect of which a veteran (or his estate) has received the benefits of this act, and to terminate all rights and liabilities of such veteran (or estate) in respect of such application. (43 Stat. 957) Sec. 5. [Regulations by Secretary of Interior.]—The Secretary of the Interior is authorized to make such regulations as he deems necessary to execute the functions imposed upon him by this act. (43 Stat. 957) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 2397, Public Law 433 in the 68th Congress, H.R. Rept. No. 1299. 333 MESA DIVISION, YUMA AUXILIARY PROJECT Joint resolution to authorize the appropriation of certain amounts for the Yuma irrigation project, Arizona, and for other purposes. (Act of February 21, 1925, ch. 291, 43 Stat. 962) [Amounts authorized to furnish water-Moneys received to be covered into reclamation fund-Installment payments-Existing contracts to conform to payments.]-There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000, to be paid out of the reclamation fund established by the act of June 17, 1902 (Thirty-second Statutes, page 388), for operation and maintenance and completion of construction of the irrigation system required to furnish water to all of the irrigable lands in part 1 of the Mesa division, otherwise known as the first Mesa unit of the Yuma auxiliary project, authorized by the act of January 25, 1917 (Thirtyninth Statutes, page 868), as amended by the act of February 11, 1918 (Fortieth Statutes, page 437): Provided, That all moneys received by the United States in payment of land and water rights in said part 1 of the Mesa division, beginning one year from the date this act becomes effective, shall be covered into the reclamation fund until the sum advanced from said fund hereunder is fully paid: Provided further, That the purchase price of land and water rights hereafter sold in said part 1 of the Mesa division shall be paid to the United States in ten equal installments, the first of which shall be due and payable at the date of purchase, and the remaining installments annually thereafter, with interest on deferred installments at the rate of 6 per centum per annum, payable annually; and the Secretary of the Interior is authorized, at any time within one year from the date this act becomes effective to amend any existing uncompleted contract for the purchase of land and water rights so that the aggregate amount of principal and interest remaining unpaid under such contract may be paid in ten equal installments in accordance with the conditions of this proviso, beginning with the date of amendatory contract: And provided further, That land and water rights in said part 1 of the Mesa division heretofore or hereafter offered at public sale under said act of January 25, 1917, and not disposed of at such public sale may be sold later at private sale at not less than $25 per acre for the land and at $200 per acre for the water right. (43 Stat. 962) EXPLANATORY NOTES Not codified. This Act is not codified in the U.S. Code. References in the Text. The Act of January 25, 1917 (Thirty-ninth Statutes, page 868), as amended by the Act of February 11, 1918 (Fortieth Statutes, page 437), referred to in the text, authorized the Yuma Auxiliary project, Arizona. Both Acts appear herein in chronological order. Legislative History. S.J. Res. 172, Public Resolution 51 in the 68th Congress, S. Rept. No. 907. 331 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1926 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1926, and for other purposes. (Act of March 3, 1925, ch. 462, 43 Stat. 1141) [Maintenance of headquarters outside District of Columbia except for office of chief engineer prohibited.]-Provided, That no part of said appropriations may be used for maintenance of headquarters for the Bureau of Reclamation outside the District of Columbia except for the office of the chief engineer * (43 Stat. 1166) * EXPLANATORY NOTE Provision Repeated. An identical provision is carried in the appropriation act of May 10, 1926 (44 Stat. 453); also in the appropriation act of January 12, 1927 (44 Stat. 934). In the appropriation act of March 7, 1928 (45 Stat. 227), the words "and staff" are added after "chief engineer." The act of March 4, 1929 (45 Stat. 1589), extends the appropriation to cover certain field officers of the Division of Reclamation Economics. This provision was carried in the Interior appropriation acts until omitted in the Interior Appropriation Act of 1938, approved August 9, 1937. The Interior Appropriation Act of 1942, approved June 28, 1941, established a branch of the Washington office in the Denver office on a nonreimbursable basis. [Sun River project-Contracts for payments-No extension until Montana assumes development-State funds-Charges payable in advance.]—Sun River project, Montana: * * * Provided, That no part of this appropriation shall be used for construction purposes until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law, providing for payment by the district or districts as hereinafter provided. The Secretary of the Interior shall by public notice announce the date when water is available under the project: Provided further, That no part of the sum hereby appropriated shall be expended for the construction of new canals or for the extension of the present canal system for the irrigation of lands outside of the forty thousand acres for the irrigation of which a canal system is now provided, until a contract or contracts shall have been executed between the United States and the State of Montana, whereby the State shall assume the duty and responsibility of promoting the development and settlement of the project after completion, securing, selecting, and financing of settlers to enable the purchase of the required livestock, equipment, and supplies and the improvement of the lands to render them habitable and productive. The State shall provide the funds necessary for this purpose and shall conduct operations in a manner satisfactory to the Secretary of the Interior: Provided further, That the operation and maintenance charges on account of land in this project shall be paid annually INTERIOR DEPARTMENT APPROPRIATION ACT, 1926 335 in advance not later than March 1, no charge being made for operation and maintenance for the first year after said public notice. It shall be the duty of the Secretary of the Interior to give such public notice when water is actually available for such lands. (43 Stat. 1166) [North Platte project-Balance available-Power plant and revenues applied to construction costs.]—North Platte project, Nebraska-Wyoming: For operation and maintenance, continuation of construction, and incidental operations, $510,000: * * * (43 Stat. 1167) EXPLANATORY NOTE Proviso Repealed. A proviso which was repealed by section 1 of the Act of May 25, 1948, 62 Stat. 273, read as follows: "Provided further, That all net revenues from any power plant connected with this 1. Application of power revenues project shall be applied to the repayment of the construction costs incurred by the government on the project until such obligations are fully repaid. NOTES OF OPINIONS Where the administrative officers of the Government fail to apply the net profits derived from the operation of a project power plant annually to the operation and maintenance costs of the project taken over by an irrigation district as required by subsection I of section 4 of the act of December 5, 1924, and such profits together with the amount paid by the irrigation district would have liquidated the debt of the district, no penalty can be charged against the district. First Assistant Secretary Dixon Opinion, 53 I.D. 257 (1931) The net power revenues creditable to each of the four districts of the North Platte project should be credited each year on the annual installment of the construction charge of each district, without regard to the classification of the land, and the districts should agree to distribute the credit equally per acre to all of the irrigable lands of the districts, including land in class 5. Such distribution should be subject to the condition of the Act of March 3, 1925, 43 Stat. 1167, and to the restriction set forth in the last sentence of subsection I of the Act of December 5, 1924, 43 Stat. 703. Solicitor's Opinion, M-25908 (August 27, 1932) [Newlands project, Spanish Springs division-Contract with irrigation district required-Contract required of Southern Pacific Co. for sale of irrigated lands, etc.-Water right canceled if sale fraudulent-Contract with Nevada to assume development of project-Advance payments-Priority of present users- -Power-plant revenues.]—Newlands project, Spanish Springs division, Nevada: * * * Provided, That no water shall be delivered to irrigators on this division outside of the limits of the Truckee-Carson project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law providing for payment by the district or districts as hereinafter provided; Pro |