Sec. 13. [Entries to be reduced to single farm units Time for making proof Cancellation of excess entries-Issue of patents-Assignments restricted.]-That all entries under reclamation projects containing more than one farm unit shall be reduced in area and conformed to a single farm unit within two years after making proof of residence, improvement, and cultivation, or within two years after the issuance of a farm-unit plat for the project, if the same issues subsequent to the making of such proof: Provided, That such proof is made within four years from the date as announced by the Secretary of the Interior that water is available for delivery for the land. Any entryman failing within the period herein provided to dispose of the excess of his entry above one farm unit, in the manner provided by law, and to conform his entry to a single farm unit shall render his entry subject to cancellation as to the excess above one farm unit: Provided, That upon compliance with the provisions of law such entryman shall be entitled to receive a patent for that part of his entry which conforms to one farm unit as established for the project: Provided further, That no person shall hold by assignment more than one farm unit prior to final payment of all charges for all the land held by him subject to the reclamation law, except operation and maintenance charges not then due. (38 Stat. 690.)

NOTES

Cross references.-See notes under sections 3, 4, and 5 of the national irrigation act of June 17, 1902 (32 Stat. 388).

See act June 23, 1910 (36 Stat. 592), and section 3, act August 9, 1912 (37 Stat. 265).

Conformation of entry.-Farm-unit plats are a part of the public notice affecting same, and where such plats are approved by the Secretary of the Interior prior to date of the public notice the latter date controls, and entrymen who submitted proof on or prior thereto will have two years from the date of notice within which to conform their entries and dispose of excess lands under this section. Where proof is submitted after date of public notice the two years begin to run from the date of such proof, provided that same is submitted within four years from the date fixed by the Secretary when water will be available for irrigation of the lands in question. (General Land Office decision, March 28, 1917, Salt River.)

Where an entryman of lands within a reclamation project fails, after notice, to conform his entry to an established farm unit the Secretary of the Interior has the power to conform the entry. (Mangus Mickelson, 43 L. D. 210.)

Prior to the due establishment of farm units and the conformation of the particular entry to an approved unit, proof of reclamation of the land embraced within the reclamation homestead entry under the national irrigation act of June 17, 1902, will not be accepted. (Charles A. Galusha, 46 L. D. 417.) Miscellaneous. See C. L. 414, December 12, 1914, interpreting the proviso of this section.

Sec. 14. [Acceptance of extension of payments to be made within six months.]—That any person whose land or entry has heretofore become subject to the reclamation law, who desires to secure the benefits of the extension of the period of payments provided by this act, shall, within six months after the issuance of the first public notice hereunder affecting his land or entry, notify the Secretary of the Interior, in the manner to be prescribed by said Secretary, of his acceptance of all of the terms and conditions of this act, and thereafter his lands or entry shall be subject to all of the provisions of this act. (38 Stat. 690.)

Amendment.-Amended by act of July 26, 1916 (39 Stat. 390). See notes

thereunder.

Circular letters.-No. 385, October 24, 1914, as to recording acceptances of the

act.

Notice to water users, November 6, 1914.

Questions and answers, November 7, 1914, regarding the act in general. No. 497, June 2, 1915, in reference to payments by nonresident landowners and effect thereof.

No. 512, July 17, 1915, as to status of lands.

No. 629, acceptance of terms of reclamation extension act.

Sec. 15. [General authority.]—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. (38 Stat. 690.)

NOTES

Suspension of public notices.-The Secretary of the Interior has no general supervisory authority or authority under section 441, Revised Statutes, under section 10 of the act of June 17, 1902, or under section 15 of the act of August 13, 1914, to suspend public notices issued under the reclamation law. (Departmental opinion, December 31, 1923, in re Shoshone Irrigation Project, etc., 50 L. D. 223.)

Sec. 16. [Expenditures after July 1, 1915, limited to specific appropriations-To be paid out of reclamation fund.]—That from and after July first, nineteen hundred and fifteen, expenditures shall not be made for carrying out the purposes of the reclamation law except out of appropriations made annually by Congress therefor, and the Secretary of the Interior shall, for the fiscal year nineteen hundred and sixteen, and annually thereafter, in the regular Book of Estimates, submit to Congress estimates of the amount of money necessary to be expended for carrying out any or all of the purposes authorized by the reclamation law, including the extension and completion of existing projects and units thereof and the construction of new projects. The annual appropriations made hereunder by Congress for such purposes shall be paid out of the reclamation fund provided for by the reclamation law. (38 Stat. 690.)

NOTES

Use of reclamation fund.-Moneys in the reclamation fund arising from operation and maintenance charges, regardless of date of payment or collection thereof, can be made available for expenditure only in accordance with provisions of section 16 of act of August 13, 1914. (27 Comp. Dec. 849.)

Use of appropriation.-Work done under contracts before the date expenditures from the reclamation fund are prohibited may be paid from said fund thereafter if the physical act of payment alone then remains to be done, but work done after the prohibited date may not be paid from said fund. Comp. Dec. 313.)

(21

The requirement of annual estimates and appropriation imposes a limitation which will not permit the use of the next fiscal year appropriation to continue work under contracts extending over several fiscal years after the funds for the current fiscal year are exhausted. (21 Comp. Dec. 828.)

Authority to make contracts.-An express authority to make contracts is not divested by a subsequent change from permanent to annual appropriations for the subject matter of the contracts. (21 Comp. Dec. 447.)

Eight-hour law. The eight-hour law of June 19, 1912 (37 Stat. 137), which provides for a penalty of $5 per day for each laborer working in excess of eight hours upon construction contracts or materials under special specifications, the same to be deducted from the monthly estimates of the contractor, is effective in regard to work of the Reclamation Service (Bureau of Reclamation) since

the service was put upon an annual appropriation basis by the act of August 13, 1914 (38 Stat. 686). Prior to that time the act did not apply to the work of the Reclamation Service (Bureau of Reclamation). (Comp. Dec., June 8, 1915.)

Circular letters.-No. 350, August 12, 1914, on estimates of expenditures. No. 423, January 22, 1915, in reference to comptroller's decision regarding contracts.

No. 430, January 27, 1915, on appropriation and fund accounting.

No. 542, February 28, 1916, in reference to contracts extending beyond fiscal year.

Miscellaneous. See sundry civil appropriation act of March 3, 1915 (38 Stat.

860).

RESERVATIONS FOR PARKS AND COMMUNITY CENTERS

An act to authorize the reservation of public lands for country parks and community centers within reclamation projects, and for other purposes. (Act October 5, 1914, ch, 316, 38 Stat. 727)

[Sec. 1. Lands in reclamation projects reserved for country parks, public playgrounds, and community centers.]-That the Secretary of the Interior be, and he is hereby, authorized to withdraw from other disposition and reserve for country parks, public playgrounds, and community centers for the use of the residents upon the lands such tracts as he may deem advisable not exceeding twenty acres in any one township in each reclamation project or the several units of such reclamation projects undertaken under the act of June seventeenth, nineteen hundred and two, known as the reclamation act. (38 Stat. 727.)

NOTES

Cross reference. See note under section 1, act of April 16, 1906 (34 Stat. 116). The act of July 3, 1926, (44 Stat. 890), extends the application of this act.

Sec. 2. [Free water supply-Reservations to be used in perpetuity.]— That subject to the provisions hereinafter contained every such tract of land so set apart shall be supplied with water from the Government irrigation system, the ccst thereof to be charged to the remaining lands of the project as a part of the construction charge of such project, and shall be maintained and used in perpetuity by the people upon said reclaimed lands for a pleasure park, public playground, and community center. (38 Stat. 727.)

Sec. 3. [Contracts with irrigation organizations to maintain lands so reserved for purposes prescribed-Reversion.]-That for the purpose of carrying out and effecting the objects of this act the Secretary of the Interior is authorized to enter into a contract with the organization formed by the owners of the lands irrigated within said project or project unit pursuant to section six of the act of June seventeenth, nineteen hundred and two, stipulating and providing that the organization will maintain and use such of the lands so reserved for the purposes prescribed in this act as such organization may desire, and that upon failure to so maintain and use such lands, or in the event that same shall be permitted to be used or occupied for other purposes than those stipulated in this act, the control of the lands shall revert to the United States. (38 Stat. 728.)

NOTES

Regulations. For instructions and form of community center water-service contract see C. L. 515, August 19, 1915.

Sec. 4. [Disposal of lands not taken within 10 years-Proceeds covered into reclamation fund.]-That any of such lands not contracted for in accordance with the provisions of section three of this act within ten

years from the time water is available for the same, or sooner, if the Secretary of the Interior may deem it desirable, shall be disposed of in accordance with the public-land laws applicable thereto, and the proceeds from the disposition of lands reverting to the United States under the provisions of this act, and from sales of water rights, shall be covered into the reclamation fund and placed to the credit of the project wherein the lands are situate. (38 Stat. 728.)

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