305 EXTEND RELIEF TO WATER USERS ACT An act to extend the time for payment of charges due on reclamation projects, and for other purposes. (Act of February 28, 1923, ch. 145, 42 Stat. 1324) [Sec. 1. Time for payment extended to two years.]—Section 1 of the act entitled "An act to authorize the Secretary of the Interior to extend the time for payment of charges due on reclamation projects, and for other purposes", approved March 31, 1922, is amended by striking out the words "one year" where they appear in such section and inserting in lieu thereof the words "two years." (42 Stat. 1324) Sec. 2. [Further extension.]-The Secretary of the Interior is authorized, in the manner and subject to the conditions imposed by such act of March 31, 1922, to extend for a period not exceeding two years from December 31, 1922, the date of any payment of any charge the date of payment of which has been extended under the provisions of section 1 of such act. (42 Stat. 1324) Sec. 3. [Interest on extended payments-Penalty for nonpayment.]-Every charge, the date of payment of which is extended under the provisions of section 2 of this act, shall draw interest at the rate of 6 per centum per annum from the date from which it was so extended in lieu of any penalty that may now be provided by law, but in case such charge is not paid at the end of the period for which it is so extended any such penalty shall attach from the date the charge was originally due, as if no extension had been granted. (42 Stat. 1325) Sec. 4. [Extension of time to two years.]—Section 2 of such act of March 31, 1922, is amended by striking out the words "season of 1922" where they appear in such section and by inserting in lieu thereof the words "seasons of 1922 and 1923." (42 Stat. 1325) EXPLANATORY NOTE Editor's Note, Annotations. Annotations 1 through 4 of this Act are found under the of opinions, if any, with respect to sections Act of March 31, 1922. Sec. 5. [Accrued charges spread over remaining years.]-Where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), or any act amendatory thereof or supplementary thereto, is unable to pay any construction or operation and maintenance charge due excepting operation and maintenance charges for drainage on the Boise, Idaho, project, for the year 1922, or prior thereto, the Secretary of the Interior is hereby authorized in his discretion to add such. accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges equally over each of the subsequent years, beginning with the year 1924, at such rate per year as will complete the payment during the remaining years of the twentyyear period of payment of the original construction charge: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and mainte 306 6 EXTEND RELIEF TO WATER USERS ACT nance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of per centum per annum, paid annually from the time said amount became due to date of payment: Provided further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and actual inability to make payment at the time of the application and an apparent ability to meet the deferred charges in 1924 and subsequent years: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this act, any penalty now provided by law shall attach from the date the charge was originally due: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary. (42 Stat. 1325) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 4187, Public Law 454 in the 67th Congress. H.R. Rept. No. 1508. 307 SUIT RESPECTING KLAMATH PROJECT LAND AUTHORIZED An act authorizing the State of California to bring suit against the United States to determine title to certain lands in Siskiyou County, Calif. (Act of March 3, 1923, ch. 220, 42 Stat. 1438) [Suit to determine title to lands in Siskiyou County, California-Secretary made a party-Defense by Attorney General.]-Consent is hereby given that a suit or suits may be instituted by or in behalf of the State of California in the Supreme Court of the United States to determine the right, title, and interest of such State to certain lands in Siskiyou County, California, alleged to have been ceded by such State to the United States by act of the Legislature of the State of California entitled "An act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also ceding to the United States all the right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the State”, approved February 3, 1905, and in any such suit the right, title, and interest of such State and of the United States may be fully tested and determined if the Secretary of the Interior is made a party to such suit. Upon the request of such Secretary the Attorney General of the United States is authorized and directed to defend the right, title, and interest of the United States to such land or any part thereof. (42 Stat. 1438) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Suit Never Taken. No suit has ever been instituted by the State of California pursuant to this statute. Nonetheless, the statute is without a limitation with respect to the time in which a suit or suits may be instituted. Cross Reference, Conveyance of Goose Lake Lands. Pursuant to the authority granted by the Act of June 5, 1942, 56 Stat. 323, the United States quitclaimed to the States of California and Oregon all the right, title, and interest of the United States held under the laws of the respective States. The 1942 Act appears herein in chronological order. Legislative History. S. 3892, Public Law 481 in the 67th Congress. S. Rept. No. 1070. H.R. Rept. No. 1626. 308 THE 1924 RELIEF ACT An act to authorize the deferring of payments of reclamation charges. (Act of May 9, 1924, ch. 150, 43 Stat. 116) [Sec. 1. Extension of time for payment of accrued charges, rentals, and penalties Interest on extensions.]-The Secretary of the Interior is hereby authorized and empowered, in his discretion, to defer the dates of payments of any charges, rentals, and penalties which have accrued prior to the 2d day of March, 1924, under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and amendatory and supplemental acts, or prior to that date as against water users on any irrigation project being constructed or operated and maintained under the direction of the Commissioner of Indian Affairs, as may, in his judgment, be necessary in or concerning any irrigation project now existing under said act: Provided, That no payment shall be deferred under this section in any particular case beyond March 1, 1927: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty now provided by law shall thereupon attach from the date of such default. (43 Stat. 116; 43 U.S.C. § 384) Sec. 2. [Addition of accrued charges to construction charges.]-Where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), or any act amendatory thereof or supplementary thereto, makes application prior to January 1, 1925, alleging that he will be unable to make the payments as required in section 1 hereof, the Secretary of the Interior is hereby authorized in his discretion prior to March 1, 1925, to add such accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges THE 1924 RELIEF ACT 309 equally over each of the subsequent years, beginning with the year 1925, or, in the discretion of the Secretary, distribute a total of one-fourth over the first half of the remaining years of the twenty-year period beginning with the year 1925, and three-fourths over the second half of such period, so as to complete the payment during the remaining years of the twenty-year period of payment of the original construction charge: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: Provided, further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and probable inability to make payment at the time required in section 1: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this act, any penalty now provided by law shall thereupon attach from the date of such default: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary. (43 Stat. 116; 43 U.S.C. § 384) EXPLANATORY NOTES Popular Name. This statute is popularly known as the Phipps Act, being so named for Senator L. C. Phipps of Colorado. Cross Reference, Leavitt Act. The Act of July 1, 1932, 47 Stat. 564, popularly known as the Leavitt Act, authorizes the Secretary of the Interior to adjust the reimbursable charges of the Government exist ing as debts against individual Indians or Indian tribes. The Leavitt Act appears herein in chronological order. Legislative History. S. 1631, Public Law 115 in the 68th Congress. S. Rept. No. 111. H.R. Rept. No. 312. H.R. Rept. No. 591 (conference report). |