$283,225, heretofore expended from the reclamation fund in connection with the Klamath project, Oregon-California, that in the opinion of the Secretary of the Interior each acre of the said land should be assessed, and the proportionate part that each acre of privately owned land, similarly situated to the said lands hereby affected, should be assessed, to return to said reclamation fund in all the said sum of $283,225. (41 Stat. 628.)

Sec. 3. [Survey and opening of lands to entry.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to cause said lands to be surveyed and opened to entry under the general homestead laws and the provisions of this act: Provided, That none of said lands shall be opened to entry until the Secretary of the Interior shall have first made arrangement with the owners of lands in private ownership, similarly situated to the lands hereby affected, for the payment into the reclamation fund of the proportionate part of the sum of $283,225, determined and apportioned by the Secretary of the Interior against said privately owned lands as provided in section 2. (41 Stat. 628.)

Sec. 4. [Additional amounts payable by entrymen.]—That in addition to all payments required by the general homestead laws there shall be paid by homestead entrymen the amount per acre assessed as provided in section 2 of this act. Said payment shall be made in annual installments of $1 per acre, except the last installment, which may be a fraction of a dollar: Provided, That the whole or any part of the amount so assessed may be paid by the entryman in a shorter period if he so elects. The first installment shall be paid at the time homestead application is filed and subsequent installments shall be due and payable on December 1 of each calendar year thereafter until the entire sum so assessed and apportioned against the lands is paid, and patent shall not issue for any of said lands until the sum so apportioned against said lands shall have been fully paid. Failure to pay any installment when due shall render the entry subject to cancellation, with a forfeiture of all moneys paid. All assessments shall draw interest at the rate of 6 per centum per annum from their due date until paid. All moneys paid on account of such assessments shall, without diminution of any kind whatsoever, be covered into the reclamation fund. (41 Stat. 628.)

Sec. 5. [Preference rights of those serving in military or naval forces during World War.]-That those who served in the military or naval forces of the United States during the war between the United States and Germany and have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve shall have preference and prior right to file upon and enter said lands under the homestead laws and the provisions of this act for a period of six months following the time said lands are opened to entry. That in opening said lands for homestead entry the Secretary of the Interior shall provide for the disposition thereof to the said soldiers, sailors, and marines, by drawing, under general rules and regulations to be promulgated by him: Provided, That the rights and benefits conferred by this act shall not extend to any person who, having been drafted for service under the provisions of the selective service act, shall have refused to render such service or to wear the uniform of such service of the United States. (41 Stat. 628.)

Sec. 6. [No squatters' rights-Time for entry upon land.]-That no rights to make entry shall attach by reason of settlement or squatting upon any of the lands hereby restored before the hour on which such lands shall be subject to homestead entry at the land office, and until said lands are opened for settlement and entry as herein provided no person shall enter upon and occupy the same, and any person violating this provision shall never be permitted to enter any of said lands. (41 Stat. 629.)

Sec. 7. [Determination of land to be opened within boundaries of Klamath Lake Bird Reservation.]-That the Secretary of the Interior shall determine which of the lands now within the boundaries of the Klamath Lake Bird Reserve are chiefly valuable for agricultural purposes and which for the purpose of said reservation, and shall open to homestead entry those lands which are chiefly valuable for agricultural purposes: Provided, That the shore line of the lake, including the smallest legal subdivision of land adjoining the flow line, shall remain in the possession of the United States, but access may be provided to the lake for such canals as may be necessary for irrigation, drainage, and domestic water supply. (41 Stat. 629.)

Sec. 8. [Powers of Secretary of Interior.]-That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. (41 Stat. 629.)

SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT FOR 1921

[Extracts from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1921, and for other purposes. (Act June 5, 1920, ch. 235, 41 Stat. 874)

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":

For all expenditures authorized by the act of June 17, 1902 (Thirty-second Statutes, page 388), and acts amendatory thereof or supplementary thereto, known as the reclamation law, and all other acts under which expenditures from said "fund are authorized, including salaries in the District of Columbia and elsewhere; examination of estimates for appropriations in the field; refunds for overcollections heretofore or hereafter received on account of water-right charges, rentals, and deposits for other purposes; printing and binding; law books, books of reference, periodicals, engineering and statistical publications, not exceeding $1,500; purchase, maintenance. and operation of horse-drawn or motor-propelled passenger-carrying vehicles; payment of damages caused to the owners of lands or private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and the Secretary of the Interior; and payment for official telephone service in the field hereafter incurred in case of official telephones installed in private houses when authorized under regulations established by the Secretary of the Interior. (41 Stat. 913.)

Substantially the same language as the above is carried in the following appropriation acts: Act of March 4, 1921 (41 Stat. 1367); act of May 24, 1922 (42 Stat. 584); act of January 24, 1923 (42 Stat. 1205); act of June 5, 1924 (43 Stat. 390); act of December 5, 1924 (43 Stat. 672); act of March 3, 1925 (43 Stat. 1141); act of May 10, 1926 (44 Stat. 453); except that (1) beginning with the act of March 4, 1921 (41 Stat. 1367), the words "heretofore or "after the words "refunds for overcollections" are omitted; (2) in the last four acts the words "law books, books of reference, periodicals, engineering, and statistical publications, not exceeding $- (a different amount is stated in each act) following the words " printing and binding," are omitted. In this connection see act of March 3, 1925 (43 Stat. 1141), supra, providing for a common library for the joint use of the several offices and bureaus of the Interior Department.

Authority to refund overcollections made prior to date of enactment of act.The provision in the appropriation act of June 5, 1920 (41 Stat. 913), for the refund of "overcollections heretofore or hereafter received on account of water-right charges, rentals, and deposits for other purposes," is authority for the Reclamation Service to refund such overcollections made prior to the date of its enactment and the subsequent annual enactments of such

proviso, although omitting the word "heretofore," may be taken as authority for the refund of such overcollections at least to the date of next enactment. (5 Comp. Gen. 15; C. L. 1440, July 18, 1925.)

For instructions regarding refunds for overcollections, and automobile hire on mileage basis, see C. L. 899, June 11, 1920.

For compromise of damages, see notes under act of March 3, 1915. (38 Stat. 822.)

[Approval of Riverton project-Provision for fixing charges for reimbursement.]—Riverton project, Wyoming: For the reclamation of lands within and in the vicinity of the ceded portion of the Wind River or Shoshone Reservation, including operation and maintenance, continuation of construction, and incidental operations, $100,000: Provided, That said land shall be subject to all the charges, terms, conditions, provisions, and limitations of the reclamation act and acts amendatory thereof or supplementary thereto, and suitable provision shall be made by the Secretary of the Interior in fixing the charges to provide for reimbursement of the entire expenditure in accordance with the reclamation law and other laws applicable to said lands. (41 Stat. 915.)

The Riverton project was started as an Indian project pursuant to the Indian appropriation act of March 2, 1917 (39 Stat. 969), and by the above act was placed under the jurisdiction of the Reclamation Service (Bureau of Reclamation).

[Motor-driven vehicles.]-Whenever, during the fiscal year ending June 30, 1921, the Director of the Reclamation Service shall find that the expenses of travel can be reduced thereby, he may, in lieu of actual traveling expenses, under such regulations as he may prescribe, authorize the payment of not to exceed 3 cents per mile for a motor cycle or 7 cents per mile for an automobile, used for necessary travel on official business. (41 Stat. 915.)

The identical provision is carried in the following appropriation acts: Act of March 4, 1921 (41 Stat. 1367); act of May 24, 1922 (42 Stat. 584); act of January 24, 1923 (42 Stat. 1174).

In the following appropriation acts: Act of June 5, 1924 (43 Stat. 390); act of March 3, 1925 (43 Stat. 1141); act of May 10, 1926 (44 Stat. 453), the provision relating to motor-driven vehicles reads as follows:

Whenever, during the fiscal year ending June 30, 1927, the Commissioner of the Bureau of Reclamation shall find that the expenses of travel, including the local transportation of employees to and from their homes to the places where they are engaged on construction or operation and maintenance work, can be reduced thereby he may authorize the payment of not to exceed 3 cents per mile for a motorcycle or 7 cents per mile for an automobile used for necessary official business."

Circular letters.-No. 912, July 9, 1920. Manual amendment regarding payment of hire of automobiles on mileage basis with instructions concerning travel order to be issued.

No. 1291, March 8, 1924. Credit for payment of mileage for personally owned

REMOVAL OF GARDEN CITY PROJECT LIENS

An act for the relief of the Garden City (Kansas) Water Users' Association, and for other purposes. (Act June 5, 1920, ch. 257, 41 Stat. 1054)

[Contracts for water canceled-Liens released.]-That the contracts affecting lands in the Garden City project of the Reclamation Service in Finney County, Kansas, heretofore entered into between the Finney County Water Users' Association of Finney County, Kansas, or with individual landowners, and the Secretary of the Interior for the supply and use of water from the irrigation plant of the United States be, and the same are hereby, canceled and relieved; and the liens upon the lands in said county created by such contracts are hereby released and discharged. (41 Stat. 1054.)