Sec. 10. [Advances authorized by act of June 25, 1910, and act of March 3, 1931, to be repaid beginning July 1, 1934.]-That the act of June 25, 1910, entitled "An act to authorize advances to the reclamation fund, and for the issue and disposal of certificates of indebtedness in reimbursement therefor, and for other purposes", as amended, and the act of March 3, 1931 (46 Stat. 1507), are hereby amended so as to provide that payments in reimbursement of moneys so advanced under these acts and not heretofore repaid shall be made by transfer annually from the reclamation fund to the general funds of the Treasury beginning July 1, 1938. (47 Stat. 78)

EXPLANATORY NOTES

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

1933 and 1936 Amendments. Section 2 of the Act of March 3, 1933, amended the last line of the above section by substituting "1936" for "1934". The Act of June 22, 1936, further amended this section by substituting "1938" for "1936." A complete reimbursement to the Treasury of funds advanced to the Reclamation Fund under the provisions of Acts of June 25, 1910, and March 3, 1931, as amended, was effected by the Act of May 9, 1938, 52 Stat. 291, 322. Each of these provisions, except that in the 1936 Act, appears herein in chronological order.

Reimbursement to the Treasury. 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, referred to in the text, was effected by the Act of May 9, 1938, 52 Stat. 291, 322. The 1910 and 1931 Acts and extracts from the 1938 Act, including the provision with respect to the reclamation fund, appear herein in chronological order.

Legislative History. S. 3706, Public Law 70 in the 72nd Congress. S. Rept. No. 262. H.R. Rept. No. 656. H.R. Rept. No. 313 (on H.R. 8638). H.R. Rept. No. 379 (on H.R. 9489). H.R. Rept. No. 690 (on H. Res. 165).

496

INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1933

[Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1933, and for other purposes. (Act of April 22, 1932, ch. 125, 47 Stat. 91)

BUREAU OF RECLAMATION

The following sums are appropriated out of the special fund in the Treasury of the United States created by the act of June 17, 1902, and therein designated "the reclamation fund", to be available immediately:

[Salt Lake Basin project-Repayment contract.]—Salt Lake Basin project, Utah, second division: The unexpended balance of the appropriation for the fiscal year 1932, originally made in the appropriation act of May 14, 1930 (46 Stat. 308), for the Interior Department for the fiscal year ending June 30, 1931, and continued available for the fiscal year 1932 by the act of February 14, 1931 (46 Stat. 1115), shall remain available for the same purposes for the fiscal year 1933, the proviso to said original appropriation for said second division being hereby amended so as to read as follows: "Provided, That no part of this sum shall be available for construction work until a contract or contracts shall be made as required by the reclamation laws with an irrigation district or districts or water-users' association or associations for the payment to the United States of the cost of such second division." (47 Stat. 116)

...

*

[Contribution to cost of investigation requested by non-Federal interests.]— For cooperative and general investigations, . . . Provided further, That beginning January 1, 1933, the expenditure of any sums from this appropriation for investigations of any nature requested by States, municipalities, or other interests shall be upon the basis of the State, municipality, or other interest advancing at least 50 per centum of the estimated cost of such investigation. (47 Stat. 117)

EXPLANATORY NOTE

Provision Repeated. A similar provision is contained in each subsequent Interior Department Appropriation Act through fiscal

year 1955, and each Public Works Appro-
priation Act thereafter through the most
recent one, the Act of October 15, 1966,

INTERIOR DEPARTMENT APPROPRIATION ACT, 1933 497

80 Stat. 1009, with the modification that in the Interior Department Appropriations Act, 1955, Act of July 1, 1954, 68 Stat. 365, and subsequent acts it is revised to read as follows: "Provided, That none of

*

this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest."

*

[Boulder Canyon project-School building, equipment and employees.]— Boulder Canyon project: . . . Provided, That of this fund not to exceed $70,000 shall be available for the erection, operation, and maintenance of necessary school buildings and appurtenances on the Boulder Canyon project Federal reservation, and for the purchase and repair of required desks, furnishings, and other suitable facilities; for payment of compensation to teachers and other employees necessary for the efficient conduct and operation of schools on said reservation. (47 Stat. 118)

EXPLANATORY NOTES

Provision Repeated. The same provision is carried in the Interior Department Appropriation Act for 1934, Act of February 17, 1933, 47 Stat. 845, with the addition of specific authority for the purchase of "maps, globes, stationery, books, schoolroom equipment."

Cross Reference, Schoolhouse in Boulder City. The Interior Department Appropriation Act for 1938, Act of August 9, 1937, 50 Stat. 596, includes $50,000 for the construction of a schoolhouse in Boulder City. The Interior Department Appropriation Act for 1940, Act of May 10, 1939, 53 Stat. 718, and certain subsequent acts appropri

ate money for payments to the Boulder City School District. See notes thereunder.

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

Editor's Note. Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts appear herein only in the act in which first used.

Legislative History. H.R. 8397, Public Law 95 in the 72nd Congress. H.R. Rept. No. 273. S. Rept. No. 353 and S. Rept. No. 514.

498

VACATION OF WITHDRAWALS OF PUBLIC LANDS CONTAINING MINERALS

An act authorizing the Secretary of the Interior to vacate withdrawals of public lands under the reclamation law, with reservation of rights, ways, and easements. (Act of April 23, 1932, ch. 134, 47 Stat. 136)

[Sec. 1. Conditional restoration of lands to mineral entry.]—Where public lands of the United States have been withdrawn for possible use for construction purposes under the Federal reclamation laws, and are known or believed to be valuable for minerals, and would, if not so withdrawn, be subject to location and patent under the general mining laws, the Secretary of the Interior, when in his opinion the rights of the United States will not be prejudiced thereby, may in his discretion, open the land to location, entry, and patent under the general mining laws, reserving such ways, rights, and easements over or to such lands as may be prescribed by him and as may be deemed necessary or appropriate, including the right to take and remove from such lands construction materials for use in the construction of irrigation works, and/or the said Secretary may require the execution of a contract by the intending locator or entryman as a condition precedent to the vesting of any rights in him when in the opinion of the Secretary same may be necessary for the protection of the irrigation interests. Such reservations or contract rights may be in favor of the United States or irrigation concerns cooperating or contracting with the United States and operating in the vicinity of such lands. The Secretary may prescribe the form of such contract which shall be executed and acknowledged and recorded in the county records and the United States local land office by any locator or entryman of such land before any rights in their favor attach thereto, and the locator or entryman executing such contract shall undertake such indemnifying covenants and shall grant such rights over such lands as in the opinion of the Secretary may be necessary for the protection of Federal or private irrigation in the vicinity. Notice of such reservation or of the necessity of executing such prescribed contract shall be filed in the General Land Office and in the appropriate local land office, and notations thereof shall be made upon the appropriate tract books, and any location or entry thereafter made upon or for such lands, and any patent therefor shall be subject to the terms of such contract and/or to such reserved ways, rights, or easements and such entry or patent shall contain a reference thereto. (47 Stat. 136; 43 U.S.C. § 154)

Sec. 2. [Rules and regulations.]—The Secretary of the Interior may prescribe such rules and regulations as may be necessary to enable him to enforce the provisions of this act. (47 Stat. 136; 43 U.S.C. § 154)

EXPLANATORY NOTES

Legislative History. H.R. 8087, Public No. 349. S. Rept. No. 502.

Law 104 in the 72nd Congress. H.R. Rept.