Circular letter No. 1300, May 8, 1924, refers to instructions prohibiting Department of Interior employees from acquiring oil, gas, or mining leases covering Indian land.

Sec. 35. [Disposal of receipts-To the Treasury-To the reclamation fund To States for roads, etc.-From naval petroleum reserves to the Treasury.]-That 10 per centum of all money received from sales, bonuses, royalties, and rentals under the provisions of this act, excepting those from Alaska, shall be paid into the Treasury of the United States and credited to miscellaneous receipts; for past production 70 per centum, and for future production 5212 per centum of the amounts derived from such bonuses, royalties, and rentals shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the act of Congress, known as the reclamation act, approved June 17, 1902, and for past production 20 per centum, and for future production 371⁄2 per centum of the amounts derived from such bonuses, royalties, and rentals 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 deposits are or were located, said moneys to be used by such State or subdivisions thereof for the construction and maintenance of public roads or for the support of public schools or other public educational institutions, as the legislature of the State may direct: Provided, That all moneys which may accrue to the United States under the provisions of this act from lands within the naval petroleum reserves shall be deposited in the Treasury as "Miscellaneous receipts." (41 Stat. 450.)

Naval petroleum receipts.--The State of California is not entitled to any portion of moneys derived from the products of lands in naval petroleum reserves, under provisions of leasing act of February 25, 1920, the last proviso of section 35 thereof requiring that all such moneys shall be deposited in the Treasury as Miscellaneous receipts." (1 Comp. Gen. 422.)

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For digest of decisions and opinions in connection with the administration of this act see 47 L. D. 463.

For departmental decisions see J. D. Mell et al., 50 L. D. 312; and instructions of May 23, 1924, 50 L. D. 501.

Circular letters.-No. 934, September 25, 1920, regulations governing production of oil and gas under oil leasing bill.

No. 955, January 10, 1921, and No. 1228, June 15, 1923, reports on oil prospecting permits or leases.

No. 1228, June 15, 1923, applicant prohibited from drilling upon any constructed works of Reclamation Service (Bureau of Reclamation), or upon the right of way therefor.

No. 1259, September 24, 1923, additional stipulation to be incorporated in oil and gas permits. $5,000 bond required.

No. 1261, October 11, 1923, oil and gas waiver by homestead entrymen.

SALE OF WATER FOR MISCELLANEOUS PURPOSES

An act for furnishing water supply for miscellaneous purposes in connection with reclamation projects. (Act February 25, 1920, 41 Stat. 451)

[Sale of water for miscellaneous purposes other than for irrigationContract-Delivery not to be detrimental to water service-Moneys received to be covered into the reclamation fund.]-That the Secretary of the Interior, in connection with the operations under the reclamation law, is hereby authorized to enter into contract to supply water from any project irrigation system for other purposes than irrigation, upon such conditions of delivery, use, and payment as he may deem proper: Provided, That the approval of such contract by the water users' association or associations shall have been first obtained: Provided, That no such contract shall be entered into except upon a showing that there is no other practicable source of water supply for the purpose: Provided further, That no water shall be furnished for the uses aforesaid if the delivery of such water shall be detrimental to the water service for such irrigation project, nor to the rights of any prior appropriator: Provided further, That the moneys derived from such contracts shall be covered into the reclamation fund and be placed to the credit of the project from which such water is supplied. (41 Stat. 451.)

NOTES

Penalties for delinquent payments.-Same penalties for delinquent payments are provided as in reclamation extension act of August 13, 1914. (38 Stat. 686.) (Reclamation instructions of June 9, 1920, C. L. 898 or 47 L. D. 404.)

INVESTIGATION OF IRRIGATION POSSIBILITIES IN IMPERIAL VALLEY, CALIF.

An act to provide for an examination and report on the condition and possible irrigation development of the Imperial Valley in California. (Act May 18, 1920, ch. 188, 41 Stat. 600)

[Sec. 1. Examination authorized of lands which can be irrigated by diversion of water from Colorado River.]-That the Secretary of the Interior is hereby authorized and directed to have an examination made of the Imperial Valley in the State of California, with a view of determining the area, location, and general character of the public and privately owned unirrigated lands in said valley which can be irrigated at a reasonable cost, and the character, extent, and cost of an irrigation system, or of the modification, improvement, enlargement, and extension of the present system, adequate, and dependable for the irrigation of the present irrigated area in the said valley, and of the public and privately owned lands in said valley and adjacent thereto not now under irrigation, which can be irrigated at a reasonable cost from known sources of water supply, by diversion of water from the Colorado River at Laguna Dam. (41 Stat. 600.)

Sec. 2. [Report with recommendations.]-That the said Secretary shall report to Congress not later than the 6th day of December, 1920, the result of his examination, together with his recommendation as to the feasibility, necessity, and advisability of the undertaking, or the participation by the United States, in a plan of irrigation development with a view of placing under irrigation the remaining unirrigated public and privately owned lands in said valley and adjacent thereto, in connection with the modification, improvement, enlargement, and extension of the present irrigation systems of the said valley. (41 Stat. 600.)

Sec. 3. [Detailed estimates of costs, effects, etc.]—That the said Secretary shall report in detail as to the character and estimated cost of the plan or plans on which he may report, and if the said plan or plans shall include storage, the location, character, and cost of said storage, and the effect on the irrigation development of other sections or localities of the storage recommended and the use of the stored water in the Imperial Valley and adjacent lands. (41 Stat. 600.)

Sec. 4. [Proportionate share of expense-Other agencies-Supervision of control.]-That the said Secretary shall also report as to the extent, if any, to which, in his opinion, the United States should contribute to the cost of carrying out the plan or plans which he may propose; the approximate proportion of the total cost that should be borne by the various irrigation districts or associations or other public or private agencies now organized or which may be organized; and the manner in which their contribution should be made; also to what extent and in what manner the United States should control, operate, or supervise the carrying out of the plan proposed, and what

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assurances he has been able to secure as to the approval of, participation in, and contribution to the plan or plans proposed by the various contributing agencies. (41 Stat. 600.)

Sec. 5. [Appropriation authorized-Local payment required.]-That, for the purpose of enabling the Secretary of the Interior to pay not to exceed one-half of the cost of the examination and report herein provided for, there is hereby authorized to be appropriated the sum of $20,000: Provided, That no expenditure shall be made or obligation incurred hereunder by the Secretary of the Interior until provision shall have been made for the payment of at least one-half the cost of the examination and report herein provided for by associations and agencies interested in the irrigation of the lands of the Imperial Valley. (41 Stat. 601.)

SALE OF IMPROVED PUBLIC LANDS NO LONGER NEEDED FOR FEDERAL IRRIGATION PURPOSES

An act to provide for the disposition of public lands withdrawn and improved under the provisions of the reclamation laws, and which are no longer needed in connection with said laws. (Act May 20, 1920, ch. 192, 41 Stat. 605)

[Sec. 1. Appraisal of land-Manner of sale-Payment of purchase price.]-That whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the act of June 17, 1902, known as the reclamation act and acts amendatory thereof and supplemental thereto, which are not otherwise reserved and which have been improved by and at the expense of the reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be appointed by him and thereafter sell the same, for not less than the appraised value, at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land; not less than one-fifth the purchase price shall be paid at the time of sale, and the remainder in not more than four annual payments with interest at 6 per centum per annum, payable annually, on deferred payments. (41 Stat. 605.)

NOTES

Publication of notice of sale of lands.-In the acts of February 2, 1911 (36 Stat. 895), and May 20, 1920 (41 Stat. 605), relating to the sale of lands on Federal irrigation projects, the language "by publication for not less than 30 days" deals with the period during which notice is to be given, and is not a statutory requirement that publication be had for 30 consecutive days in a daily newspaper. Where a weekly newspaper of general circulation is the paper nearest the land, the purpose of the statutes will be fully subserved by publication in five consecutive issues of such newspaper. (Departmental decision, June 21, 1920, printed at page 382, Reclamation Record, August, 1920.)

Sec. 2. [Patents to land sold-Amount sold to one person-Duties of purchasers Citizenship.]-That upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate patent, to convey all the right, title, and interest of the United States in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person, and if said lands are irrigable under the project in which located they shall be sold subject to compliance by the purchaser with all the terms, conditions, and limitations of the reclamation act applicable to lands of that character: Provided, That the accepted bidder must, prior to issuance of patent, furnish satisfactory evidence that he or she is a citizen of the United States. (41 Stat. 606.)