DRAINAGE FOR INDIAN LANDS ON NEWLANDS IRRIGATION PROJECT An act to amend an act entitled "An act authorizing an appropriation to meet proportionate expenses of providing a drainage system for Piute Indian lands in the State of Nevada within the Newlands reclamation project of the Reclamation Service," approved February 14, 1923. (Act June 7, 1924, ch. 309, 43 Stat. 595) [Piute Indian lands-Appropriation authorized for drainage-Reimbursement.]-That the act entitled "An act authorizing an appropriation to meet proportionate expenses of providing a drainage system for Piute Indian lands in the State of Nevada within the Newlands reclamation project of the Reclamation Service," approved February 14, 1923, be, and the same is hereby, amended to read as follows: "That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $49,603.05, payable in twenty annual installments of $2,500 each, except the last, which shall be the amount remaining unpaid, for the purpose of meeting the proportionate expense of providing a drainage system for four thousand eight hundred and eighty-seven acres of Piute Indian lands in the State of Nevada within the Newlands project of the Reclamation Service. 66 The money herein authorized to be appropriated shall be reimbursed in accordance with the provisions of law applicable to said Indian lands." (43 Stat. 595.) NOTES Cross reference.-Act of June 26, 1926 (44 Stat. 771), authorizes the cancellation and remittance of construction assessments against allotted Piute Indian lands irrigated under the Newlands project and the reimbursement of the Truckee-Carson irrigation district for certain expenditures for the operation and maintenance of drains for said lands. | COOPERATIVE INVESTIGATIONS OF CASPER-ALCOVA, DESCHUTES, AND SOUTHERN LASSEN PROJECTS Joint resolution authorizing an investigation of the proposed Casper-Alcova irrigation project, Natrona County, Wyo.; the Deschutes project in the State of Oregon, and the Southern Lassen irrigation project in Lassen County, Calif. (Pub. Res. No. 32, of June 7, 1924, ch. 374, 43 Stat. 668) [Plans for constructing and completing projects to be submitted to Congress Contribution of one-half of cost by States.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to prepare and submit to Congress at the beginning of the next regular session plans and estimates of the character and cost of structures necessary for the construction and completion of the proposed Casper-Alcova irrigation project in Natrona County, Wyoming, the Deschutes project in the State of Oregon, and the Southern Lassen irrigation project, in Lassen County, California: Provided, That at least one-half the cost of all such investigations, plans and estimates shall be advanced by the State in which the project is located, or by parties interested. (43 Stat. 668.) CONGRESSIONAL INVESTIGATION OF TRI-COUNTY IRRIGATION PROJECT IN NEBRASKA Resolution authorizing the Committee on Irrigation and Reclamation to appoint a subcommittee to visit during the vacation the tri-county project in Nebraska and report to the full committee on the practicability of the same. (Senate Resolution of June 7, 1924, No. 251) 66 [Investigation of tri-county project-Committee on Irrigation and Reclamation authorized to appoint subcommittee to visit project and report on practicability thereof-Appropriation made for defraying expenses.]—Whereas in the Sixty-seventh Congress, a Senate joint resolution (S. J. Res. 215) was approved September 22, 1922, as follows: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior, upon the payment to him in advance of the necessary funds to defray the expenses thereof, be, and he is hereby, authorized to make an additional investigation of the tri-county project in Nebraska, comprising the counties of Gosper, Phelps, and Kearney, in said State, and to extend said investigation into Adams County, Nebraska, with a view of ascertaining whether it is practicable to convey for irrigation purposes flood waters from the Platte River onto lands in said counties ";" And Whereas in accordance with such resolution a survey of said tricounty project in Nebraska has been made by the Bureau of Reclamation, and the expenses of such survey and investigation amounting to more than $15,000 have been paid for by the State of Nebraska and the citizens living in the vicinity of said project: Now, therefore, be it Resolved, That the Committee on Irrigation and Reclamation be authorized to appoint a subcommittee to visit the tri-county project in Nebraska during the recess of Congress and report to the full committee on the practicability of said project and the advisability of installing the same. There is hereby appropriated out of the contingent fund of the Senate, the sum of $300 for the purpose of defraying the expenses of said investigation. SPECIAL PROVISIONS OF SECOND DEFICIENCY ACT, FISCAL YEAR 1924 [Extracts from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1925, and for other purposes. (Act December 5, 1924, ch. 4, 43 Stat. 672) [Commencement of construction work prohibited unless recommended by Commissioner of Reclamation and Secretary of the Interior and approved by the President.]-Provided, That no part of the sums herein appropriated shall be used for the commencement of construction work on any reclamation project which has not been recommended by the Commissioner of Reclamation and the Secretary of the Interior and approved by the President as to its agricultural and engineering feasibility and the reasonableness of its estimated construction cost. (43 Stat. 685.) [Equitable use of waters of Rio Grande below Fort Quitman, Texas.]— Commission on equitable use of the waters of the Rio Grande: For a study, in cooperation with representatives of the United States of Mexico, regarding the equitable use of the waters of the Rio Grande below Fort Whitman Quitman], Texas, with a view to their proper utilization for irrigation and other beneficial uses, including salaries of commissioners and other employees, transportation, subsistence (notwthstandng the provisions of any other act), and such other miscellaneous expenses as the President may deem proper, fiscal year 1925, $20,000: Provided, That one of the commissioners so appointed shall be an engineer experienced in such work. Stat. 692.) [THE FACT FINDERS' ACT]1 (43 Sec. 4. [Definitions.]-SUBSECTION A. That when used in this section (a) The word "Secretary" means the Secretary of the Interior. (b) The words "reclamation law " mean the act of June 17, 1902 (Thirty-second Statutes, page 388), and all acts amendatory thereof or supplementary thereto. (c) The words "reclamation fund" mean the fund provided by the reclamation law. 1 The enactment of important provisions of this act was recommended by a committee of special advisers on reclamation appointed by the Secretary of the Interior. See Senate Document No. 92, Sixty-eighth Congress, first session. 28038-27-16 235 (d) The word "project project" means a Federal irrigation project authorized by the reclamation law. (e) The words "division of a project" mean a substantial irrigable area of a project designated as a division by order of the Secretary. (43 Stat. 701.) Subsec. B. [Approval of new project contingent upon information as to water supply, engineering features, cost, land prices, feasibility, adaptability for settlement and farm homes.]—That no new project or new division of a project shall be approved for construction or estimates submitted therefor by the Secretary until information in detail shall be secured by him concerning the water supply, the engineering features, the cost of construction, land prices, and the probable cost of development, and he shall have made a finding in writing that it is feasible, that it is adaptable for actual settlement and farm home, and that it will probably return the cost thereof to the United States. (43 Stat. 702.) NOTES Secretary not mandatorily required to commence new projects unless convinced of their feasibility.—In an opinion promulgated August 4, 1926, the Attorney General ruled that the Secretary of the Interior is not compelled to expend appropriations made by Congress for construction of new projects unless he is certain of their feasibility, their adaptability for settlement, and repayment of their costs to the Government. (See New Reclamation era September, 1926, p. 152.) Definition of "new project."-In an opinion dated September 17, 1925, regard. ing the Baker project the Attorney General defined "new project": In one sense the Baker project is not a new one, inasmuch as appropriations have been made for it each fiscal year beginning with that of 1923. The project was under investigation during the period from 1922 to 1925, inclusive, in pursuance of appropriations by Congress, and upon the expiration of each fiscal year without construction having started each appropriation substantially lapsed and the project came to an end. Consequently, each subsequent appropriation constituted a new designation by Congress of the project, and as the second deficiency act was passed December 5, 1924, and the appropriation for the Baker project for the fiscal year 1926 was passed March 3, 1925, it would seem clear that in point of time the Baker project is a new project" within the meaning of subsection B of said second deficiency act. (34 Op. Atty. Gen. 545.) 66 Subsec. C. [Qualifications of applicants for entry-Appointment of boards.]-That the Secretary is hereby authorized, under regulations to be promulgated by him, to require of each applicant including preference right ex-service men for entry to public lands on a project, such qualifications as to industry, experience, character, and capital, as in his opinion are necessary to give reasonable assurance of success by the prospective settler. The Secretary is authorized to appoint boards in part composed of private citizens, to assist in determining such qualifications. (43 Stat. 702.) NOTES Regulations. See General Land Office instructions regarding this subsection, 51 L. D. 203, and departmental regulations of September 12, 1925, 51 L. D. 204, or C. L. 1455. C. L. 1509, February 11, 1926, contains farm application blank for examination and suggestions. Subsec. D. [Classification of lands-Different construction charges to be fixed against different classes of land.]-That the irrigable lands of each new project and new division of a project hereinafter approved |