Puslapio vaizdai
PDF
„ePub“

SUSPENSION OF RESIDENCE REQUIREMENTS DURING WORLD WAR

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

[blocks in formation]

Sec. 11. [Suspension of residence requirements.]-That 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.]-That 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.)

NOTES

Applications for water.-Under these sections, the Secretary of the Interior will permit as a war measure the acceptance upon Federal irrigation projects during the term of the war as fixed by the act, all applications for temporary water delivered to lands in private ownership and subject to public notice without reference to the residence of the water-right applicant. No application, however, will be received under this act from one qualified to make a formal water-right application under section 5 of the reclamation act of June 17, 1902 (32 Stat. 388). The charges for the delivery of water will be the same in amount as the operation and maintenance charges announced by public notice, but shall be payable in advance. (Departmental decision, October 4, 1917, 46 L. D. 213.)

See C. L. 720, January 2, 1918, for supplementary instructions to those of October 4, 1917.

Order of Secretary of the Interior dated April 23, 1920, cancels all contracts for temporary water service under act of August 10, 1917, and the regulations of October 4, 1917. 46 L. D. 213. (47 L. D. 370; C. L. 883, May 4, 1920.) For date of termination of World War see 49 L. D. 1.

RECEIPTS FROM POTASSIUM DEPOSITS TO BE PAID INTO RECLA-
MATION FUND

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

[blocks in formation]

resolu

Sec. 10. [Disposal of receipts from potassium deposits.]-That 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 seventeenth, 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 th deposits are or were located, said moneys to be used by such State or subdivisions thereof for the construction and maintenance of pub-th lic roads or for the support of public schools. (40 Stat. 300.)

*

*

*

*

ar as

Eto a

NOTES

Receipts to be deposited direct to reclamation fund.-Moneys received from royalties and rentals under this act should not first be deposited to the credit of sales of public lands, but should be credited direct to the reclamation fund. (Comp. Dec., December 5, 1918.)

Application of act. This act applies to public lands reserved as national forests. (31 Op. Atty. Gen. 433.)

Regulations. For departmental regulations under this act, see 46 L. D. 323. See instructions regarding form of potash prospecting applications in C. L. 1185, December 22, 1922, modifying form of permit in 46 L. D. 323. Instructions of March 27, 1926, amend section 6 of the potash regulations printed at 46 L. D. 323. (51 L. D. 424.)

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. (Resolution October 6, 1917, ch. 107, 40 Stat. 426)

[Drainage expenditures allowed.]-That 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.)

NOTES

Cross reference.-See act of June 12, 1917 (40 Stat. 148), act of July 1, 1918 (40 Stat. 674), and act of July 19, 1919 (41 Stat. 201), all contain ng similar provisions regarding drainage on the Rio Grande project.

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT

[Extract from] An act to extend protection to the civil rights of members of the Military and Naval Establishments of the United States engaged in the present war. (Act March 8, 1918, 40 Stat. 440)

*

*

Sec. 501. [Interest in public lands of person in military service-Rights protected Benefits of other acts not affected-Previous rights of action not limited-Proofs before officer in command.]-That no right to any public lands initiated or acquired prior to entering military service by any person under the homestead laws, the desert-land laws, the mining-land laws, or any other laws of the United States, shall be forfeited or prejudiced by reason of his absence from such land, or of his failure to perform any work or make any improvements thereon, or to do any other act required by any such law during the period of such service. Nothing in this section contained shall be construed to deprive a person in military service or his heirs or devisees of any benefits to which he or they may be entitled under the act entitled "An act for the relief of homestead entrymen or settlers who enter the military or naval service of the United States in time of war," approved July twenty-eighth, nineteen hundred and seventeen; the act entitled "An act for the protection of desert-land entrymen who enter the military or naval service of the United States in time of war," approved August seventh, nineteen hundred and seventeen; the act entitled "An act to provide further for the national security and defense by stimulating agriculture and facilitating the distribution of agricultural products," approved August tenth, nineteen hundred and seventeen; the joint resolution "To relieve the owners of mining claims who have been mustered into the military or naval service of the United States as officers or enlisted men from performing assessment work during the term of such service," approved July seventeenth, nineteen hundred and seventeen; or any other act or resolution of Congress: Provided, That nothing in this section contained shall be construed to limit or affect the right of a person in the military service to take any action during his term of service that may be authorized by law, or the regulations of the Interior Department thereunder, for the perfection, defense, or further assertion of rights initiated prior to the date of entering military service, and it shall be lawful for any person while in military service to make any affidavit or submit any proof that may be required by law, or the practice of the General Land Office in connection with the entry, perfection, defense, or further assertion of any rights initiated prior to entering military service, before the officer in immediate command and holding a commission in the branch of the service in which the party is engaged, which affidavits shall be as binding in law and with like penalties as if taken before the register of the United States Land Office. (40 Stat. 448.)

NOTES

Effect of act.-The effect of this act is to establish a moratorium for soldiers and sailors during the period of the war and it unquestionably suspends the payment of any installments that may become due from a soldier entryman of lands under a reclamation project, during the period of his service, provided the entry was initiated prior to entering the service, and relieves him from any liability on account of his failure by reason of his absence to perform any work or make any improvements on the land. (Departmental instructions, April 2, 1918, 46 L. D. 343.)

[ocr errors]

Payment of water charges by soldiers and sailors.-Under this section a homestead entryman's right is not to be "forfeited or prejudiced by reason of his failure to do any act required by any law during the period of the military service. Under this provision he is excused from the payment of charges accruing during the period of such service if he so desires, his liability therefor being suspended in the meantime. Otherwise the water user after the completion of his military service would be confronted with not only the then current charges but also all charges accruing during his military service, placing a heavy immediate burden upon him which might greatly prejudice his ability to perfect his entry and water-right application. While the owners of private land covered by a water-right application are not expressly within said section 501, since the private lands are presumably irrigated as an incident to the irrigation and ensuing disposition of the public land, the same rule is applicable to them. Congress has not extended any relief to such water users as to defaults in the payment of construction and operation-and-maintenance charges together with the penalties imposed by sections 3 and 6 of the reclamation extension act of August 13, 1914 (38 Stat. 686), accruing prior to their induction into the military service. Such water-right applications are subject to forfeiture or cancellation if there is a default under the law at the beginning of the military service. The department, however, will not exercise its power of forfeiture or cancellation during the military service and will defer action toward such forfeiture and cancellation or the institution of any suit for the recovery of the amounts in default and the penalties until the expiration of the military service. Under section 501, supra, the penalties arising under said sections 3 and 6 of the reclamation extension act upon such prior defaulted construction or operation-and-maintenance charges will not run during the period of the military service. The homestead entryman under the said section 501 is relieved from paying the construction charge accruing during the period of his military service, and this same rule applies in the case of an owner of private land. As to these the duration of the military service will be excluded from the period fixed for the annual payments of such charges in sections 1 and 2 of the reclamation extension act, as the case may be. The operation-and-maintenance charge is an annual charge for each year, and similarly may be paid by the water user after his discharge from the military service, the time for the payment thereof being hereby extended by a period equal to his military service. The usual bills should be sent under the provisions of the various public notices and regulations to all holders of project lands who have enlisted in the military service. These bills should be accompanied by a statement that the same are subject to the provisions of the act of March 8, 1918. If payment is made, no further action is necessary. If payment is not made, however, the project manager should write a special letter to each holder of project land in the military service advising him that: (a) The construction charges accruing during the period of his military service will be put over until the expiration of the 20-year period for making such payments, and (b) the time for payment of the operation-and-maintenance charges due at the time he entered the military service and also those charges which accrued during his military service will be extended from the date of his discharge for a period equal to his military service. (Departmental decision, May 16, 1919, 47 L. D. 167; C. L. No. 820, superseding C. L. 762.)

Under this section a soldier's assignee is entitled to the same privileges as a soldier in the payment of construction and operation and maintenance charges. Where charges became due during the period of military service and were paid by the soldier, or a member of his family during the service of the soldier without knowledge of the concession given by the law, refund should be made if requested by the soldier. (Departmental decision, August 23, 1919, C. L. 849.)

« AnkstesnisTęsti »