Arizona state miner., 1924-06-28

Treasury of the United States on a
per acre basis under such rules and
regulations as the Secretary of the
Interior may prescribe and there is
hereby created a "lien against all such
lands, which lien shall be recited in
any patent issued therefore prior to
the reimbursement of the total
amount chargeable against such land:
Provided that after said project is
completed the Secretary of the Inter
ior is hereby authorized in his dis
cretion, with, the approval of the Pima
Indians, to sell, at public auction, at
not less than the appraised value
thereof, such surplus lands not now
allotted within said Gila River In
dian Reservation as he may deter
mine to be irrigable from return and
drainage waters, the proceeds of such
sales to be deposited in the Treasury
to reimburse the United States in
part for the construction charge as
sessed against the Indian lands.
Sec. 8. The Secretary of the In
terror shall by public notice announce
the date when water is available for
lands in private ownership under the
project, and the amount of the con-
struction charge per irrigable acre
against the same, which charge shall
I be payable in annual installm the
first installment to be 5 per centum
of the total charge and be due and
payable on the last day of December
of the third year following the date
of said public notice, the remainder
of the construction charge, with in
terest on deferred amounts from date
of said notice at per centum per an
mum, to be amortiZed by payment on
each December 1st thereafter of 5
per centum of said remainder until
the obligation is paid in full: pro-
vided, that the operation and main
tenance charges on account of land in
private ownership Or of land in In
dian ownership operated under lease
shall be paid annually in advance not
later than March 1st, no charge being
made for operation and maintenance
for the first year after said public
notice. 1t shall be the duty of the
Secretary of the Interior to give such
public notice when water is actually
available for lands in private owner
ship.
provided for herein shall be expended
for construction on account of any
lands in private ownership until an
appropriate repayment contract in
accordance with the terms of this Act
and in form approved by the Secre-
tary of the Interior shall have been
properly executed by a district or
ganized under State law, embracing
the lands in public or private owner
ship irrigable under the project, and
| the execution thereof shall have been
confirmed by decree of a court of
competent jurisdiction, which contract
among other things shall contain an
appraisal approved by the Secretary
of the Interior showing the actual
present bona fide value of all such
| irrigable lands fixed without refer
ence to the proposed construction of
said San Carlos dam and shall pro-
vide that until one-half the construc-
ton charges against said lands shall
! have been fully paid no sale of any
such lands shall be valid unless and
until the purchase price involved in
such sale is approved by the Secre-
tary of the Interior and shall also
provide that upon proof of fraudulent
representation as to the true consid-
Grafton involved in such fraudulent
sale; and all public lands irrigable
under the project shall be entered
subject to the conditions of this sec
tion which shall be applied thereto;
Provided further, That no part of
any sum provided for herein shall be
expended for construction on account
of any lands in private ownership un-
til all areas of land irrigable under
the project and owned by any indiv-
idual in excess of one hundred and
sixty irrigable acres shall have been
conveyed in fee to the United States
free of encumbrance to again become
part of the public domain under
a contract between the United States
and the individual owner providing
that the value as shown by said ap-
praisal of the land so conveyed to
the United States shall be credited
in reduction of the construction
charge thereafter to be assessed
against the land retained by such
owner; and lands so conveyed to the
United States shall be subject to dis
position by the Secretary of the In
terror in farm units at the appraised
price, upon such terms and conditions
as he may prescribe
Sec. 5. The Secretary of the In
terror is hereby authorized to per-
form any and all acts and make such
rules and regulations as may be nee
bessary and proper for the purpose
of CARRYING the provisions of this Act