560 CIVILIAN CONSERVATION CORPS [Extracts from] An act to establish a Civilian Conservation Corps, and for other purposes. (Act of June 28, 1937, ch. 383, 50 Stat. 319) [Sec. 1. Employment and training for unemployed youthful citizens, war veterans, and Indians-Act to continue for three years after July 1, 1937.]— There is hereby established the Civilian Conservation Corps, hereinafter called the Corps, for the purpose of providing employment, as well as vocational training, for youthful citizens of the United States who are unemployed and in need of employment, and to a limited extent as hereinafter set out, for war veterans and Indians; through the performance of useful public work in connection with the conservation and development of the natural resources of the United States, its Territories, and insular possessions: Provided, That at least ten hours each week may be devoted to general educational and vocational training: Provided, That the provisions of this Act shall continue for the period of three years after July 1, 1943, and no longer. (50 Stat. 319; Act of August 7, 1939, 53 Stat. 1253) Sec. 3. [Director to employ Corps for protection of natural resources of lands and waters of United States, and the several States-President may authorize projects under control of counties, municipalities, or on lands in private ownership-No projects on private lands unless provisions made for operation after completion.]—In order to carry out the purposes of this Act, the Director is authorized to provide for the employment of the Corps and its facilities on works of public interest or utility for the protection, restoration, regeneration, improvement, development, utilization, maintenance, or enjoyment of the natural resources of lands and waters, and the products thereof, including forests, fish and wildlife on lands or interest in lands (including historical or archeological sites), belonging to, or under the jurisdiction or control of, the United States, its Territories, and insular possessions, and the several States: Provided, That the President may, in his discretion, authorize the Director to undertake projects on lands belonging to or under the jurisdiction or control of counties, and municipalities, and on lands in private ownership, but only for the purpose of doing thereon such kinds of cooperative work as are or may be provided for by Acts of Congress, including the prevention and control of forest fires, forest tree pests and diseases, soil erosion, and floods: Provided further, That no projects shall be undertaken on lands or interests in lands, other than those belonging to or under the jurisdiction or control of the United States, unless adequate provisions are made by the cooperating agencies for the maintenance, operation, and utilization of such projects after completion. (50 Stat. 319) Sec. 4. [Transfer to Corps of personnel, records, funds, and obligations of Emergency Conservation Work-Corps to take over camp exchange.]-There are hereby transferred to the Corps all enrolled personnel, records, papers, property, funds, and obligations of the Emergency Conservation Work estab CIVILIAN CONSERVATION CORPS 561 lished under the Act of March 31, 1933 (48 Stat. 22), as amended; and the Corps shall take over the institution of the camp exchange heretofore established and maintained, under supervision of the War Department, in connection with and aiding in administration of Civilian Conservation Corps work-camps conducted under the authority of said Act as amended: Provided, That such camp exchange shall not sell to persons not connected with the operation of the Civilian Conservation Corps. (50 Stat. 320) Sec. 12. [Utilization of services of such departments necessary.]—The President is hereby authorized to utilize the services and facilities of such departments or agencies of the Government as he may deem necessary for carrying out the purposes of this Act. (50 Stat. 321) Not Codified. This Act is not codified in the U.S. Code. However, historical notes appear therein in title 16, §§ 584-584q. 1939 Amendment; Termination of the Corps. The Act of August 7, 1939, 53 Stat. 1253, amended section 1 of the Act by extending the life of the Act to July 1, 1943. However, an appropriation to provide for the liquidation of the Civilian Conservation Corps was included in the Labor-Federal Security Appropriation Act, 1943, approved July 2, 1942, 56 Stat. 569. For other amendments to the Act, see the notes following sections 584-584q, title 16, United States Code. * Reference in the Text. The Act of March 31, 1933 (48 Stat. 22), referred to in section 4, authorized the employment on public works of the United States of unemployed citizens. Editor's Note, Annotations. Annotations of opinions are not included because none were found dealing primarily with the activities of the Bureau of Reclamation under this statute. Legislative History. H.R. 6551, Public Law 163 in the 75th Congress. H.R. Rept. No. 687. H.R. Report No. 943 and H.R. Rept. No. 1032 (conference reports). 562 TUCUMCARI PROJECT An act to authorize the construction of a Federal reclamation project to furnish a water supply for the lands of the Arch Hurley Conservancy District in New Mexico. (Act of August 2, 1937, ch. 557, 50 Stat. 557) [Project to be found feasible if district can repay amount expended from Reclamation Fund, and if such money plus other money equals construction cost-Repayment contract to be executed-Landowners to sell excess acreage.]-The Secretary of the Interior is hereby 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 subsection B of section 4 of the Act of December 5, 1924 (43 Stat. 702), 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 price 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. (50 Stat. 557; Act of April 9, 1938, 52 Stat. 211; Act of August 9, 1955, 69 Stat. 556; 43 U.S.C. § 600a) EXPLANATORY NOTES 1955 Amendment: Repeal of Incremental Value Provisions. The Act of August 9, 1955, 69 Stat. 556, which is found herein in chronological order, amended the Act by striking clause "(d)" which appeared at the end of the proviso and read as follows: "(d) contracts shall have been made with all owners of lands to be irrigated under the project by which they will agree that if their land is sold at prices above the appraised value thereof, approved by said Secretary, one-half of such excess shall be paid to the United States to be applied in the inverse order of the due dates upon the construction charge installments coming due thereafter from the owners of said land." The 1955 Act also provides as follows: "No provision with respect to the matters covered in said clause (d) which is contained in any contract entered into prior to the date of enactment of this Act shall, except as is otherwise provided by this Act, 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 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 TUCUMCARI PROJECT the date of enactment of this Act, and the application by the United States of any such payment in accordance with the terms of such contract, or (3) the enforcement of any such obligation by refusal to deliver water to lands covered by contractual provisions executed in accordance with said clause (d), except in those cases, if any, in which a sale or transfer consummated between December 27, 1938, and the date of enactment of this Act is only discovered after such date of enactment to have been made contrary to such contractual provisions or to said clause (d). "Sec. 2. 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, to conform with the provisions of the first section of this Act. The consent of the United States is hereby given to the recording, at the expense of the party benefited thereby, of any such amended 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." 1938 Amendment. The Act of April 9, 1938, 52 Stat. 211, amended the Act by: (1) adding the language in clause “(a)” beginning with the word "but", (2) adding the words "met by expenditure of moneys 563 from the reclamation fund", and by adding clause "(d)". The 1938 Act appears herein in chronological order. Project Name. The reclamation project conditionally authorized by this Act is the Tucumcari Project, and is referred to as such in the project feasibility report submitted to the President by the Acting Secretary of the Interior on October 31, 1938. The report was approved by the President on November 1, 1938. Reference in the Text. Subsection B of section 4 of the Act of December 5, 1924 (43 Stat. 702), referred to in the text, requires a finding of feasibility by the Secretary of the Interior before any new project or division of a project shall be approved for construction. The Act is the Fact Finders' Act, which appears herein in chronological order. Cross References, Amendatory Repayment Contracts. The Act of July 31, 1953, 67 Stat. 243, extended the benefits of subsection (b), section 7, of the Reclamation Project Act of 1939, to the Arch Hurley Conservancy District and authorized the amendment of its existing repayment contract. The Act of August 14, 1958, 72 Stat. 615, authorized a further amendment of the Districts' repayment contract. Both the 1953 and the 1958 Acts appear herein in chronological order. Legislative History. S. 2086, Public Law 241 in the 75th Congress. S. Rept. No. 772. H.R. 7680 (companion bill). 564 INTERIOR DEPARTMENT APPROPRIATION ACT, 1938 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1938, and for other purposes. (Act of August 9, 1937, ch. 570, 50 Stat. 564) [Elephant Butte Dam-Transfer of power facilities to United States-Power costs repaid from power revenues.]-Rio Grande project, New Mexico-Texas: For operation and maintenance, $350,000: Provided, That the Secretary of the Interior is hereby authorized to enter into a contract with the El Paso County Water Improvement District Numbered 1 and the Elephant Butte Irrigation District of New Mexico by which the districts will be relieved of the obligation of making payment of the construction cost chargeable to the development of power of Elephant Butte Dam in the amount determined as equitable by the Secretary of the Interior in return for the conveyance by the said two districts to the United States of all the districts' right, title, interest, and estate in the use of said dam and other project works, including the project water supply, for the development of hydroelectric energy: Provided further, That in such contracts it shall be stated that the use of the dam, project works, and water supply for power purposes shall not deplete or interfere with the use thereof for irrigation purposes: Provided further, That the net earnings of the power plant and system belonging to the United States and any other available revenues shall be applied, until the cost thereof has been met, upon the cost of the power development, including (1) the cost of power facilities, (2) the amount invested, as herein authorized, in the cost of Elephant Butte Dam, and (3) the amount invested by the Bureau of Reclamation in Caballo Dam: Provided further, That after the cost of the power development has been met the net earnings of the power plant and system shall be disposed of as Congress may direct; (50 Stat. 593) [Gila project-Subject to Boulder Canyon Project Act and Colorado River Compact.]-Gila project, Arizona, $700,000; said Gila project, including the waters to be diverted and used thereby and the lands and structures for the diversion and storage thereof, to be subject to the provisions of the Boulder Canyon Project Act of December 21, 1928, and subject to and controlled by the provisions of the Colorado River Compact signed at Santa Fe, New Mexico, November 24, 1922; (50 Stat. 595) EXPLANATORY NOTE Reference in the Text. The Boulder Canyon Project Act of December 21, 1928, and the Colorado River Compact, both re ferred to in the text, appear herein in chronological order under the date of the Act. |