129 of the District of Columbia, or any contractor or subcontractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon a public work of the United States or of the District of Columbia, or any person employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, who shall intentionally violate any provision of this Act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine not to exceed one thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. SEC. 3. [Existing Contracts Not Affected by Act.]-That the provisions of this Act shall not be so construed as to in any manner apply to or affect contractors or subcontractors, or to limit the hours of daily service of laborers or mechanics engaged upon a public work of the United States or of the District of Columbia, or persons employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, for which contracts have been entered into prior to the passing of this Act or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act. SEC. 4. That this Act shall become effective and be in force on and after March first, nineteen hundred and thirteen. NOTE The Eight-hour law is codified in U. S. C., title 40, ch. 5, Secs. 321-326. 130 SPECIAL PROVISIONS OF ACT ESTABLISHING THE ROCKY MOUNTAIN NATIONAL PARK [Extract from] An act to establish the Rocky Mountain National Park in the State of Colorado, and for other purposes. (Act of Jan. 26, 1915, 38 Stat. 798) * * Provided, That the United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project. NOTE See Solicitor's opinion, July 19, 1935, in notes following act of March 3, 1921, holding this act was not repealed or rescinded by act of March 3, 1921, requiring consent of Congress for construction in national parks or national monuments. 131 SUSPENSION OF EIGHT-HOUR LAW [Extract from] An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes. (Act of Mar. 4, 1917, 39 Stat. 1192) [Emergency suspension of eight-hour law on Government contracts.]—That in case of national emergency the President is authorized to suspend provisions of law prohibiting more than eight hours labor in any one day of persons engaged upon work covered by contracts with the United States: Provided further, That the wages of persons employed upon such contracts shall be computed on a basic day rate of eight hours work, with overtime rates to be paid for at not less than time and one-half for all hours work in excess of eight hours. NOTE The Eight-hour law is codified in sections 321 to 326, inclusive, title 40, United States Code. 132 AVAILABILITY OF MONEY FOR YUMA AUXILIARY PROJECT An act to amend section four of the act entitled "An act to provide for an auxiliary reclamation project in connection with the Yuma project, Arizona." (Act Feb. 11, 1918, 40 Stat. 437) [Funds available for Yuma Auxiliary project.]-That the first sentence of section four of the Act entitled "An Act to provide for an auxiliary reclamation project in connection with the Yuma project, Arizona", approved January twenty-fifth, nineteen hundred and seventeen, be amended so as to read as follows: "That the money in said auxiliary reclamation fund of the Yuma project, Arizona, shall be available for the construction or completion of irrigation works of the said auxiliary project or unit." 133 RESERVOIRS OR WATERWAYS WITHIN NATIONAL PARKS An act to amend an act entitled "An act to create a Federal Power Commission; to provide for the improve ment of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes", approved June 10, 1920. (Act of Mar. 3, 1921, 41 Stat. 1353) [Consent of Congress required to construct works within limits of any national park or national monument.]-That hereafter no permit, license, lease, or authorization for dams, conduits, reservoirs, power houses, transmission lines, or other works for storage or carriage of water, or for the development, transmission, or utilization of power, within the limits as now constituted of any national park or national monument shall be granted or made without specific authority of Congress, and so much of the Act of Congress approved June 10, 1920, entitled "An Act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes," approved June 10, 1920, as authorizes licensing such uses of existing national parks and national monuments by the Federal Power Commission is hereby repealed. NOTE Consent of Congress required for construction of reservoirs or waterways within National parks or National monuments.-The act of March 3, 1921 (41 Stat. 1353), prohibiting the construction of reservoirs or other works for the storage or carriage of water within the limits of any national park or national monument without specific authority of Congress, necessitates the consent of Congress whether such works are constructed by the Government or by a private company. The fact that the Department considers the works to be constructed not detrimental to the purposes of the reservation is not sufficient to justify the construction without the consent of Congress. Dec. of Solicitor, approved by Acting Secretary, November 8, 1924. In this connection see special acts establishing parks but authorizing Bureau of Reclamation to construct works if necessary. Act of May 11, 1910, 36 Stat. 354; January 26, 1915 (38 Stat. 798); August 9, 1916 (39 Stat. 442), and February 26, 1919 (40 Stat. 1178). The provision of the act of January 26, 1915 (38 Stat. 798) authorizing the Bureau of Reclamation to utilize any area within the Rocky Mountain National Park which may be necessary for the development and maintenance of a Government reclamation project, was not repealed or rescinded by the later general law of March 3, 1921 (41 Stat. 1353), requiring the specific authority of Congress for any permit, license, or authorization for dams, conduits, reservoirs, etc., within any national park. Opinion of Solicitor, approved by the Secretary, July 19, 1935. |