Chapter 292. To authorize the disposal of public land classified as temporarily or permanently unproductive on Federal irrigation projects
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CHAP. 292.— An Act To authorize the disposal of public land classified as temporarily or permanently unproductive on Federal irrigation projects. May 16, 1930.[[H. R. 156](/us/bill/71/hr/156).][[Public, No. 232](/us/pl/71/232).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That theIrrigation projects.Disposition of vacant public lands, temporarily, etc., unproductive. Secretary of the Interior, hereinafter styled the Secretary, is authorized in connection with Federal irrigation projects to dispose of vacant public lands designated under the Act of May 25, 1926, as temporarily unproductive or permanently unproductive to resident farm owner's and resident entrymen on Federal irrigation projects, in accordance with the provisions of this Act.
Sec. 2. That the Secretary is authorized to sell such lands toSale of, to resident farm owners or entrymen. resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe:*Provisos*.Acreage which may be purchased, limited. *Provided*, That no such resident farm owner or resident entryman shall be permitted to purchase under this Act more than one hundred and sixty acres of such land, or an area which, together with land already owned on such Federal irrigation project, snail exceed three hundred and twenty acres: *And provided further*, That the authorityProvisions hereof to extend over all nonproductive, etc., lands within projects. given hereunder shall apply not only to tracts wholly classified as temporarily or permanently unproductive, but also to all tracts of public lands, within Federal irrigation projects which by reason of the inclusion of lands classified as temporarily or permanently unproductive are found by the Secretary to be insufficient to support a family and to pay water charges.
Sec. 3. All “permanently unproductive” and “temporarily Sales hereunder subject to rights under Act of 1926.Vol. 44, pp. 647, 648.unproductive” land now or hereafter designated under the Act of [ay 25, 1926, shall, when sold, remain subject to sections 41 and 43 of the said Act. The exchange provisions of section 44 of said*Ante*, p. 249. Act of May 25, 1926, shall not be applicable to the land purchased under this Act. Sec. 4. After the purchaser has paid to the United States allPatent to issue upon payment of purchase price. amounts due on the purchase price or said land, a patent shall issue which shall recite that the lands so patented have been classified in whole or in part as temporarily or permanently unproductive, as the case may be, under the Adjustment Act of May 25, 1926.
Such patents shall also contain a reservation of a lien for waterReservation of lien for water charges, mineral, etc., rights. charges when deemed appropriate bv the Secretary and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws. 368 Sec. 5. Sums collected hereunder to inure to Reclamation Fund as credit to construction charge. In the absence of a contrary requirement in the contracts between the United States and the water users organization or district assuming liability for the payment of project construction charges, all sums collected hereunder from the sale of lands, from the payment of project construction charges on “temporarily unproductive” or “permanently unproductive” lands so sold, and (except as stated in this section) from water rentals, shall inure to the Reclamation Fund as a credit to the construction charge now payable by the water users under their present contracts, to the extent of the additional expense, if any, incurred by such water users in furnishing water to the unproductive area, while still in that status, as approved by the Commissioner of Reclamation and the balance as a credit to the sums heretofore written off in accordance Water rental collections in excess of current operating, etc., expenses, to inure to fund.with said Act of May 25, 1926.
Where water rental collections hereunder are in excess of the current operation and maintenance charges, the excess as determined by the Secretary, shall, in the absence of such contrary contract provision, inure to the Reclamation Fund as above provided, but in all other cases the water rentals collected under this Act shall be turned over to or retained by the operating district or association, where the project or part of the project from which the water rentals were collected is being operated and maintained by an irrigation district or water users association under contract with the United States.
Sec. 6. Rules, etc., to be prescribed. The Secretary of the Interior is authorized to perform any and all acts and to make all rules and regulations necessary and proper for carrying out the purposes of this Act. Approved, May 16, 1930.