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and all necessary expenses incurred in the appraisal § 568. Use of reclamation fund for expenses of and The Secretary of the Interior is authorized, upon application by the proper officers of a school district located wholly or in part within the boundaries of a project of the United States Bureau of Reclamation, to issue patent conveying to such district such unappropriated undisposed of lands, not exceeding six acres in area, within any Government reclamation town site situated within such school district as, in the opinion of the Secretary of the Interior, are necessary for use by said district for school buildings §§ 581 to 586. Omitted. and grounds: Provided, That if any land so conveyed cease entirely to be used for school purposes title thereto shall revert to and revest in the United States. (Oct. 31, 1919, ch. 92, 41 Stat. 326.)

and sale of lands embraced within any such town site shall be paid from the reclamation fund, and the proceeds of the sales of such lands shall be covered into the reclamation fund. (June 27, 1906, ch. 3559, § 3, 34 Stat. 519.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 568 of this title. § 564. Reappraisal of town lots for sale.

The Secretary of the Interior is authorized, whenever he may deem it necessary, to reappraise all unsold lots within town sites on projects under the reclamation law heretofore or hereafter appraised under the provisions of section 562 of this title, and thereafter to proceed with the sale of such town lots in accordance with said section. (June 11, 1910, ch. 284, § 1, 36 Stat. 465.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 565 of this title.

§ 565. Terms of sale of town lots; installments of price.

In the sale of town lots under the provisions of sections 562 and 564 of this title the Secretary of the Interior may, in his discretion, require payments for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of 6 per centum per annum on deferred payments. (June 11, 1910, ch. 284, § 2, 36 Stat. 466.)

§566. Maintenance of public reservations and conveyance to municipality.

The public reservations in such town sites shall be improved and maintained by the town authorities at the expense of the town; and upon the organization thereof as municipal corporations the said reservations shall be conveyed to such corporations by the Secretary of the Interior, subject to the condition that they shall be used forever for public purposes. (Apr. 16, 1906, ch. 1631, § 3, 34 Stat. 116.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 567, 568 of this title.

§ 567. Water rights for towns and cities; charges.

The Secretary of the Interior shall, in accordance with the provisions of the reclamation law, provide for water rights in amount he may deem necessary for the towns established as provided, in sections 561, 562 and 566 of this title, and may enter into contract with the proper authorities of such towns, and other towns or cities on or in the immediate vicinity of irrigation projects, which shall have a water right from the same source as that of said project for the delivery of such water supply to some convenient point, and for the payment into the reclamation fund of charges for the same to be paid by such towns or cities, which charges shall not be less nor upon terms more favorable than those fixed by the Secretary of the Interior for the irrigation project from which the water is taken. (Apr. 16, 1906, ch. 1631, § 4, 34 Stat. 116.)

CROSS REFERENCES

Municipal water supply, see section 485h (c) of this

title.

47-5000-71-vol. 10-11

disposal of proceeds of sale of town sites. Reclamation funds shall be available for the payment of all expenses incurred in executing the provisions of sections 561 to 563 and 566 of this title relating to town sites, and the proceeds of all sales of town sites shall be covered into the reclamation fund. (June 27, 1906, ch. 3559, § 4, 34 Stat. 520.)

§ 569. Reservation of land for park, playground, or community center.

(a) Authority for reservation.

The Secretary of the Interior is 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 17, 1902, known as the Reclamation Act.

(b) Water service.

Subject to the provisions hereinafter contained in this section every such tract of land so set apart shall be supplied with water from the Government irrigation system, the cost 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.

(c) Contract for maintenance and use.

For the purpose of carrying out and effecting the objects of this section 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 498 of this title, stipulating and providing that the organization will maintain and use such of the lands so reserved for the purposes prescribed in this section 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 section, the control of the lands shall revert to the United States.

(d) Disposition of land not contracted for.

Any of such lands not contracted for in accordance with the provisions of subsection (c) of this section 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 section, 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. (Oct. 5, 1914, ch. 316, §§ 1-4, 38 Stat. 727-728.)

REFERENCES IN TEXT

The Act of June 17, 1902, known as the Reclamation Act, referred to in subsec. (a), is classified generally to this title. See Tables for distribution.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 569a of this title. § 569a. Extension of section 569 to tract of land in Idaho.

Section 569 of this title is extended to the following described land.

All in lot 2, section 22, township 7 north, range 1 west, Boise meridian, beginning at the northwest corner of said lot 2, thence east along the northern boundary of said lot 2 nine hundred and ninety feet; thence south along a line parallel to the eastern boundary of said lot 2 to the intersection with the northerly meander line of the Payette River; thence westerly along the northerly meander line of the Payette River to the intersection with the western boundary of said lot 2; thence north along the western boundary of said lot 2 to the northwest corner of said lot 2, which is the point of beginning, comprising approximately twenty-five acres. (July 3, 1926, ch. 777, 44 Stat. 890.)

§ 570. Conveyance of land to school district.

§ 572. Same; disposition of net proceeds; fixing project construction charges.

The net proceeds of such sales after deducting all expenditures on account of such lands, and the project construction charge, for the irrigable area of the lands so sold where irrigation or drainage works have been constructed or are proposed to be constructed, shall be disposed of as provided in section 501 of this title. Where the project construction charge shall not have been fixed at the date of any such sale, same shall be estimated by the Secretary of the Interior. (Mar. 2, 1929, ch. 541, § 2, 45 Stat. 1522.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 573 of this title.

§ 573. Expenses of appraisement and sale; rules and regulations.

Reclamation funds are authorized to be appropriated for use in defraying the necessary expenses of appraisement and sale of the lands authorized to be sold under section 571 of this title, and the Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as, in his opinion, may be necessary and proper for carrying out the purposes of sections 571 and 572 of this title. (Mar. 2, 1929, ch. 541, § 3, 45 Stat. 1522.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§ 571. Sale of unplatted portions of Government town sites; authorization.

The Secretary of the Interior is authorized, in his discretion, to appraise, and sell, at public auction, to the highest bidder, from time to time, under such terms as to time of payment as he may require, but in no event for any longer period than five years, any or all of the unplatted portions of Government town sites created under section 561 of this title, on any irrigation project constructed under the reclamation law: Provided, That any land so offered for sale and not disposed of may afterwards be sold, at not less than the appraised value, at private sale, under such regulations as the Secretary of the Interior may prescribe. Patents made in pursuance of such sale shall convey all the right, title, and interest of the United States in or to the land so sold. (Mar. 2, 1929, ch. 541, § 1, 45 Stat. 1522; Feb. 14, 1931, ch. 176, 46 Stat. 1107.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 573 of this title.

REFUNDS TO WAR VETERANS

CODIFICATION

Sections 581-586, act Feb. 21, 1925, ch. 277, §§ 1-5, 43 Stat. 956, 957, relating to refunds to World War I veterans with respect to farm entries, defined the term "veteran"; provided a general authorization for refund; extended the benefits of the authorization to veteran's estate; deemed an acceptance of refund as a relinquishment of rights in any farm unit; authorized the cancellation of water-right application; and authorized the making of regulations to execute the aforementioned functions.

LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY

§ 591. Extension of time for payment of charges.

CODIFICATION

Section, act Feb. 28, 1923, ch. 145, § 5, 42 Stat. 1325, related to extension of time for payment of operation and maintenance charges on projects other than the Boise, Idaho, project. Later provisions on this subject were contained in former section 493a of this title.

§ 591a. Boise project, Idaho, Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.

For the purpose of avoiding an unduly high operation and maintenance assessment in any one year and to keep the operation and maintenance charges in connection with the Arrowrock Division of the Boise reclamation project within the ability of the water users to pay, the Secretary of the Interior is authorized to allow the irrigation districts of the said Arrowrock Division and the irrigation districts, ditch companies, and water users who have assumed obligations to pay proportionate parts of the estimated cost of the operation and maintenance of the Arrowrock Reservoir, to pay the costs, as determined conclusively by said Secretary, incurred in the repair, resurfacing, and improvement of the Arrowrock Dam and in increasing the height thereof (to provide additional capacity to offset past and, to some extent, future losses of capacity resulting from the deposit of silt in the said reservoir) in twenty annual installments instead of requiring the payment of all of such operation and maintenance costs in one year as provided in section 492 of this title: Provided, That such costs, for the purpose of any amendatory contracts affecting the construction charges of Arrowrock Dam that may be entered into as authorized by the Act of August 4, 1939 (53 Stat. 1187), may, in the discretion of the Secretary, be treated as part of the construction charges of said dam, and as payable in the same manner as such charges. (Apr. 22, 1940, ch. 132, 54 Stat. 155.)

REFERENCES IN TEXT

The Act of August 4, 1939 (53 Stat. 1187), referred to in the text, is popularly known as the "Reclamation Project Act of 1939". For distribution of such act in this Code, see section 485k of this title.

§592. Castle Peak project, Utah; leave of absence to entrymen.

CODIFICATION

Section, act Feb. 28, 1919, ch. 78, 40 Stat. 1210, granted leave of absence to any entryman who, prior to Feb. 28, 1919, made entry upon land withdrawn under reclamation law, until water became available for irrigation.

§593. Flathead irrigation project, Montana.

The provisions of sections 441 and 442 of this title, authorizing the assignment under certain conditions of homesteads within reclamation projects, and of sections 541 to 546 of this title, authorizing under certain conditions the issuance of patents on reclamation entries, and for other purposes, are hereby extended and made applicable to lands within the Flathead irrigation project. in the former Flathead Indian Reservation, Montana, but such lands shall otherwise be subject to the provisions of the Act of Congress approved April 23, 1904 (Thirty-third Statutes at Large, page 302), as amended by the Act of Congress approved May 29, 1908 (Thirty-fifth Statutes at Large, page 448): Provided, That the lien reserved to the United States on the land patented, as provided for in section 542 of this title, shall include all sums due or to become due to the United States on account of the Indian price of such land. (July 17, 1914, ch. 143, 38 Stat. 510.)

REFERENCES IN TEXT

Act Apr. 23, 1904, ch. 1495, to which reference is made in this section, was entitled "An act for the survey and allotment of land now embraced within the limits of the Flathead Indian Reservation in the State of Montana, and the sale and disposal of all surplus lands after allotment" and was not classified to the Code.

$593a. Construction, operation, and maintenance of Hungry Horse Dam.

For the purpose of irrigation and reclamation of arid lands, for controlling floods, improving navigation, regulating the flow of the South Fork of the Flathead River, for the generation of electric energy, and for other beneficial uses primarily in the State of Montana but also in downstream areas, the Secretary of the Interior is authorized and directed to proceed as soon as practicable with the construction, operation, and maintenance of the proposed Hungry Horse Dam (including facilities for generating electric energy) on the South Fork of the Flathead River,

Flathead County, Montana, to such a height as may be necessary to impound not less than one million acre-feet of water. The Hungry Horse project shall be subject to the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto).

The Secretary of the Interior is authorized to complete, as soon as the necessary additional material is available, the construction of the Hungry Horse Dam so as to provide a storage reservoir of the maximum usable and feasible capacity. (June 5, 1944, ch. 234, §§ 1, 2, 58 Stat. 270; May 29, 1958, Pub. L. 85-428, 72 Stat. 147.)

REFERENCES IN TEXT

The Federal reclamation laws (act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto), referred to in the text, are classified generally to this title. See Tables for distribution.

AMENDMENTS

1958-Pub. L. 85-428 provided that the Hungry Horse project shall be subject to the Federal reclamation laws.

APPROPRIATION

Section 4 of act June 5, 1944, authorized appropriation of such sums as might be necessary to carry out the purpose of this section and section 593b of this title.

CROSS REFERENCES

Geographical preference of power users in the State of Montana under this section and section 593b of this title not modified by Pacific Northwest hydroelectric provisions, see section 837h of Title 16, Conservation.

§ 593b. Construction of additional works for irrigation

purposes.

The Secretary of the Interior is authorized to construct, operate, and maintain under the provisions of the Federal reclamation laws (Act June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), such additional works as he may deem necessary for irrigation purposes. Such irrigation works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in such Federal reclamation laws; and, within the limits of the water users' repayment ability, such report may be predicated on allocation to irrigation of an appropriate portion of the cost of constructing said dam and reservoir. Said dam and reservoir and said irrigation works may be utilized for irrigation purposes only pursuant to the provisions of said Federal reclamation laws. (June 5, 1944, ch. 234, §3, 58 Stat.

271.)

REFERENCES IN TEXT

The Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), referred to in the text, are classified generally to this title. See Tables for distribution.

APPROPRIATION

Section 4 of act June 5, 1944, authorized appropriation of such sums as might be necessary to carry out the purpose of this section and section 593a of this title.

§ 594. Heyburn and Rupert project, Idaho; rights of settlers on town site; size of town site.

CODIFICATION

Section, act June 27, 1906, ch. 3559, § 4, 34 Stat. 520, provided that settlers who had actually established themselves in town sites of Heyburn and Rupert, Idaho, prior to Mar. 5, 1906, in permanent buildings not easily moved, should be given right to purchase lots so built upon at an appraised value.

§ 595. King Hill project, Idaho.

King Hill project, Idaho, shall be subject to the Reclamation Act of June 17, 1902, and all Acts amendatory thereof or supplementary thereto, so far as applicable and consistent with contract made prior to July 1, 1918, between the United States and King Hill irrigation district: Provided, That for the purposes of issuing patent to lands reclaimed, the reclamation effected by the operations of the United States Bureau of Reclamation may be considered by the Secretary of the Interior as equivalent to reclamation effected by the State of Idaho, under section 641 of this title. (July 1, 1918, ch. 113, § 1, 40 Stat. 674.)

REFERENCES IN TEXT

The Reclamation Act of June 17, 1902, and Acts amendatory thereof or supplementary thereto), referred to in the text, are classified generally to this title. See Tables for distribution.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§ 596. North Platte irrigation project, Nebraska-Wyoming; aid of ex-service men whose entries were defeated.

CODIFICATION

Section, act May 20, 1921, ch. 9, 42 Stat. 7, gave exservice men, successful at drawing held March 5, 1920, but unable to make entry because of reinstatement of conflicting claims, preference for not less than thirty days before next opening of lands to other entry.

§ 597. Riverton project, Wyoming.

Lands within and in the vicinity of the ceded portion of the Wind River or Shoshone Reservation, and included in the Riverton project, Wyoming, shall be subject to all the charges, terms, conditions, provisions, and limitations of the Reclamation Acts and Acts amendatory thereof or supplementary thereto, and suitable provision shall be made by the Secretary of the Interior in fixing the charges to provide for reimbursement of the entire expenditure in accordance with the reclamation law and other laws applicable to said lands.

When any land on the project is opened to homestead entry under the terms of the reclamation law, the entryman shall pay to the United States for the lands the sum of $1.50 per acre as provided in section 2 of the Act approved March 3, 1905 (volume 33, Statutes at Large, page 1016), to be credited to the fund established by said Act of 1905, together with the proceeds from the sale of town sites established in said project under the reclamation law. (June 5, 1920, ch. 235, § 1, 41 Stat. 915; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1404.)

REFERENCES IN TEXT

The Reclamation Acts and Acts amendatory thereof or supplementary thereto, and the reclamation laws, referred to in the text, are classified generally to this title. See Tables for distribution.

RESTORATION OF LANDS TO PUBLIC DOMAIN Act Aug. 15, 1953, ch. 509, §2, 67 Stat. 612, set out as a note under section 611 of Title 25, Indians, provided

that unentered and vacant lands of the Riverton reclamation project within the ceded portion of the Wind River Indian Reservation should be restored to the public domain for administration, use, occupancy, and disposal under the reclamation and public land laws of the United States.

§ 597a. Easements for Bull Lake Dam and Reservoir.

There is granted to the United States and its assigns, including its successors in control of the operation and maintenance of the Riverton reclamation project, Wyoming, a flowage easement and an easement for a dam site, together with all rights and privileges incident to the use and enjoyment of said easements, over tribal and allotted lands of the Wind River or Shoshone Indian Reservation within that part of said reservation required for the construction of the Bull Lake Dam and Reservoir on Bull Lake Creek, a tributary of the Wind River, in connection with the Riverton reclamation project, Wyoming, and for the impounding of approximately one hundred and fifty-five thousand acre-feet of water, including a ten-foot freeboard: Provided, That in consideration of the said rights insofar as they affect tribal lands there shall be deposited into the Treasury of the United States pursuant to the provisions of section 155 of Title 25, for credit to the Shoshone and Arapaho Indians of the Wind River Reservation the sum of $6,500, from moneys appropriated for the construction of the said Bull Lake Dam and Reservoir, and the said sum when so credited shall draw interest at the rate of 4 per centum per annum. (Mar. 14, 1940, ch. 51, § 1, 54 Stat. 49.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 597b, 597c, 597d of this title.

§597b. Same; compensation for lands.

Compensation to the individual Indian owners of the allotted lands within the area described in section 597a of this title shall be made from moneys appropriated for the construction of the Bull Lake Dam and Reservoir at the appraised value of the easements: Provided, That should any individual Indian not agree to accept the appraised value of the easement as it affects his land, the Secretary of the Interior be, and he is, authorized to acquire such easement by condemnation proceedings. (Mar. 14, 1940, ch. 51, § 2, 54 Stat. 49.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 597c, 597d of this title.

§597c. Same; reservation of Indians' right to use lands.

The easements granted in section 597a of this title shall not interfere with the use by the Indians of the Wind River or Shoshone Indian Reservation of the lands dealt with in sections 597a to 597d of this title and the waters of Bull Lake Creek and the reservoir insofar as the use by the Indians shall not be inconsistent with the use of said lands for reservoir purposes. (Mar. 14, 1940, ch. 51, § 3, 54 Stat. 49.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 597d of this title. § 597d. Same; regulations.

The Secretary of the Interior is authorized to perform any and all acts and to prescribe such regulations as may be necessary to carry out the provisions of sections 597a to 597c of this title. (Mar. 14, 1940, ch. 51, § 4, 54 Stat. 49.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 597c of this title.

§598. Salt River project, Arizona; sale of water power.

Whenever a development of power is necessary for the irrigation of lands under the Salt River reclamation project, Arizona, or an opportunity is afforded for the development of power under said project, the Secretary of the Interior is authorized, giving preference to municipal purposes, to enter into contracts for a period not exceeding fifty years for the sale of any surplus power so developed, and the money derived from such sales shall be placed to the credit of said project for disposal as provided in the contract between the United States of America and the Salt River Valley Water Users' Association, approved September 6, 1917. Provided, That no contract shall be made for the sale of such surplus power which will impair the efficiency of said project: Provided, however, That no such contract shall be made without the approval of the legally organized water-users' association or irrigation district which has contracted with the United States to repay the cost of said project: Provided further, That the charge for power may be readjusted at the end of five-, ten-, or twenty-year periods after the beginning of any contract for the sale of power in a manner to be described in the contract. (Sept. 18, 1922, ch. 323, 42 Stat. 847.)

§ 599. Yuma project, Arizona; entries by residents on lands withdrawn for project.

CODIFICATION

Section, act Aug. 17, 1916, ch. 349, 39 Stat. 516, provided that any person who established residence and made improvements on land within Yuma reclamation project for two years prior to August 17, 1916, should have right to make entry for the farm unit and have residence and improvements credited on his final proof.

§ 600. Minidoka project, Idaho; sales of water from American Falls Reservoir.

No contractor shall secure a right to the use of water from American Falls Reservoir, Minidoka project, except under a contract containing the provision that the contractor shall, as a part of the construction cost, pay interest at the rate of six per centum per annum upon the contractor's proper proportionate share, as found by the Secretary of the Interior, of the moneys advanced by the United States on account of the construction of said reservoir prior to the date of the contract. (June 5, 1924, ch. 264, 43 Stat. 417.)

$600a. Arch Hurley Conservancy District project, New Mexico.

The Secretary of the Interior is authorized to construct a Federal reclamation project for the irrigation of the lands of the Arch Hurley Conservancy District in New Mexico under the Federal reclamation laws: Provided, That construction work is not to be initiated on said irrigation project until

(a) the project shall have been found to be feasible under section 412 of this title, but the project may be found to be financially feasible if the Secretary of the Interior finds that the amount to be expended from the reclamation fund can be repaid by the District, and further that the amount of money to be expended from the reclamation fund, plus the amount of money which has been made available from other sources (for the estimated period of construction), equals the estimated cost of construction; (b) a contract shall have been executed with an irrigation or conservation district embracing the land to be irrigated under said project, which contract shall obligate the contracting district to repay the cost of construction of said project met by expenditure of moneys from the reclamation fund in forty equal annual installments, without interest; (c) contracts shall have been made with each owner of more than one hundred and sixty irrigable acres under said project, by which he, his successors, and assigns shall be obligated to sell all of his land in excess of one hundred and sixty irrigable acres at or below prices fixed by the Secretary of the Interior and within the time to be fixed by said Secretary, no water to be furnished to the land of any such large landowner refusing or failing to execute such contract. (Aug. 2, 1937, ch. 557, 50 Stat. 557; Apr. 9, 1938, ch. 134, 52 Stat. 211; Aug. 9, 1955, ch. 637, § 1, 69 Stat. 556.)

REFERENCES IN TEXT

The Federal reclamation laws, referred to in the text, are classified generally to this title.

AMENDMENTS

1955-Act Aug. 9, 1955 eliminated clause (d) which required landowners to contract to pay to the United States one-half of the price above the appraised value received for the sale of land.

1938-Act Apr. 9, 1938 inserted "but the project may be found feasible estimated cost of construction" following "section 412 of this title" in clause (a).

AMENDMENT OF CONTRACTS

Section 2 of act Aug. 9, 1955, provided that: "The Secretary of the Interior is authorized to amend any contract, which has been entered into prior to the date of enactment of this Act (Aug. 9, 1955), to conform with the provisions of the first section of this Act [amending this section). The consent of the United States is hereby given to the recording, at the expense of the party benefited thereby, of any such amendment contract and to the simultaneous discharge of record of the original contract. The consent of the United States is likewise given to the discharge of record, at the expense of the party benefited thereby, of any contract which the Secretary of the Interior or his duly authorized agent finds is rendered nugatory by the enactment of this Act (amending this section]."

ENFORCEMENT OF CONTRACT PROVISIONS; COMPLETED TRANSACTIONS AND PAYMENTS

Section 1 of act Aug. 9, 1955, which amended this section, also provided that: "No provision with respect to the matters covered in said clause (d) (formerly of this section] which is contained in any contract entered into prior to the date of enactment of this Act (Aug. 9, 1955] shall, except as is otherwise provided by this Act [amending this section), be enforced by the United States. Nothing contained in this section shall affect (1) the retention and application by the United States of any payments which have been made prior to the date of enactment of this Act (Aug. 9, 1955] in accordance with any such provision of a contract, (2) the obligation of any party to the United States with respect to any payment which is due to the United States under any such provision but not paid upon the date of enactment of this Act [Aug. 9, 1955], and the application by the United

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