145 RECLAMATION EXTENSION ACT Notice to water users, November 6, 1914. Questions and answers, November 7, 1914, regarding the act in general. No. 497, June 2, 1915, in reference to payments by nonresident landowners and effect thereof. No. 512, July 17, 1915, as to status of lands. No. 629, acceptance of terms of reclamation extension act. Sec. 15. [General authority.]-That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. (38 Stat. 690.) Textual note.-Codified as section 373, title 43, United States Code, the introductory word "That" being omitted and the word "act" in the last line being changed to chapter." NOTES Suspension of public notices.-The Secretary of the Interior has no general supervisory authority or authority under section 441, Revised Statutes, under section 10 of the act of June 17, 1902, or under section 15 of the act of August 13, 1914, to suspend public notices issued under the reclamation law. (Departmental opinion, December 31, 1923, in re Shoshone Irrigation Project, etc., 50 L. D. 223.) Sec. 16. [Expenditures after July 1, 1915, limited to specific appropriations-To be paid out of reclamation fund.]-That from and after July first, nineteen hundred and fifteen, expenditures shall not be made for carrying out the purposes of the reclamation law except out of appropriations made annually by Congress therefor, and the Secretary of the Interior shall, for the fiscal year nineteen hundred and sixteen, and annually thereafter, in the regular Book of Estimates, submit to Congress estimates of the amount of money necessary to be expended for carrying out any or all of the purposes authorized by the reclamation law, including the extension and completion of existing projects and units thereof and the construction of new projects. The annual appropriations made hereunder by Congress for such purposes shall be paid out of the reclamation fund provided for by the reclamation law. (38 Stat. 690.) Textual note.-The substance of this section is codified as section 414, title 43, United States Code. NOTES Use of reclamation fund.-Moneys in the reclamation fund arising from operation and maintenance charges, regardless of date of payment or collection thereof, can be made available for expenditure only in accordance with provisions of section 16 of act of August 13, 1914. (27 Comp. Dec. 849.) Use of appropriation.-Work done under contracts before the date expenditures from the reclamation fund are prohibited may be paid from said fund thereafter if the physical act of payment alone then remains to be done, but work done after the prohibited date may not be paid from said fund. Comp. Dec. 313.) (21 The requirement of annual estimates and appropriation imposes a limitation which will not permit the use of the next fiscal year appropriation to continue work under contracts extending over several fiscal years after the funds for the current fiscal year are exhausted. (21 Comp. Dec. 828.) Under an annual appropriation available for the construction of an irrigation dam the acceptance of a proposal for delivery of material therefor during a period of 3.5 fiscal years is not authorized unless such entire quantity is needed. on the particular job and the appropriation available at the time the contract. 146 RECLAMATION EXTENSION ACT is made is adequate for the entire purchase. A proposal may be accepted for delivery of material needed during the current fiscal year on such a project with an option in favor of the Government to purchase at a stipulated price, subject to appropriations therefor being made, the quantity of material needed during succeeding fiscal years in the event advertisements for proposals at the beginning of such fiscal years should fail to secure proposals lower than the option price. (9 Comp. Gen. 6.) The act of August 13, 1914 (38 Stat. 690), provides that from and after July 1, 1915, expenditures should not be made for carrying out the purposes of the reclamation laws except out of appropriations made annually from the reclamation fund. The effect of this law is to place the same fiscal-year limitations as are applicable to regular annual appropriations on funds in the reclamation fund under which expenditures for the Bureau of Reclamation are made. The practice of attempting to contract for indefinite periods of time contrary to law should be corrected. The contracts should be on an annual basis and within the current annual appropriations, except that in cases of leases or contracts for proprietary rights the agreement may be for the fiscal year in which the contract is made with option in the Government to renew from year to year thereafter. (Comp. Gen. dec. A-27004, dated May 22, 1929.) Comptroller General's decisions of April 9, 1929, and May 6, 1929 (A-26063) were to the same effect. Authority to make contracts.-An express authority to make contracts is not divested by a subsequent change from permanent to annual appropriations for the subject matter of the contracts. (21 Comp. Dec. 447.) See note on page 117 under section 2 of the Warren Act on this subject. Eight-hour law. The eight-hour law of June 19, 1912 (37 Stat. 137), which provides for a penalty of $5 per day for each laborer working in excess of eight hours upon construction contracts or materials under special specifications, the same to be deducted from the monthly estimates of the contractor, is effective in regard to work of the Reclamation Service (Bureau of Reclamation) since the service was put upon an annual appropriation basis by the act of August 13, 1914 (38 Stat. 686). Prior to that time the act did not apply to the work of the Reclamation Service (Bureau of Reclamation). (Comp. Dec., June 8, 1915.) Necessity of determining practicability of project.-Section 16 of the act of August 13, 1914, did not relieve the Secretary of the Interior of the duty imposed by section 2 of the act of June 17, 1902, to report at each session of Congress "all facts relative to the practicability of each irrigation project,” nor did it relieve him of the duty imposed by section 4 of the act of June 17, 1902, to determine the practicability of irrigation projects before the letting of contracts. (34 Op. Atty. Gen., 545.) Circular letters.-No. 350, August 12, 1914, on estimates of expenditures. No. 423, January 22, 1915, in reference to comptroller's decision regarding contracts. No. 430, January 27, 1915, on appropriation and fund accounting. No. 542, Feburay 28, 1916, in reference to contracts extending beyond fiscal year. Miscellaneous. See sundry civil appropriation act of March 3, 1915 (38 Stat. 860). RESERVATIONS FOR PARKS AND COMMUNITY CENTERS An act to authorize the reservation of public lands for country parks and community centers within reclamation projects, and for other purposes. (Act October 5, 1914, ch. 316, 38 Stat. 727) [Sec. 1. Lands in reclamation projects reserved for country parks, public playgrounds, and community centers.]-That the Secretary of the Interior be, and he is hereby, 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 seventeenth,. nineteen hundred and two, know as the reclamation act. (38 Stat. 727.) Textual note.-The four sections of this act are codified, in substance, as section 569,title 43, United States Code. NOTES Cross reference.-See note under section 1, act of April 16, 1906 (34 Stat. 116). The act of July 3, 1926 (44 Stat. 890), extends the application of this act. Regulations.—For General Land Office Regulations regarding recreational sites see 52 L. D. 135-138. Sec. 2. [Free water supply-Reservations to be used in perpetuity.]— That subject to the provisions hereinafter contained 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. (38 Stat. 727.) Textual note.-See textual note under section 1 of this act. Sec. 3. [Contracts with irrigation orangizations to maintain lands so reserved for purposes prescribed-Reversion.]-That for the purpose of carrying out and effecting the objects of this act 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 six of the act of June seventeenth, nineteen hundred and two, stipulating and providing that the organization will maintain and use such of the lands so reserved for the purposes prescribed in this act 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 act, the control of the lands shall revert to the United States. (38 Stat. 728.) Textual note.-See textual note under section 1 of this act. 148 RESERVATIONS FOR PARKS AND COMMUNITY CENTERS NOTES Regulations. For instructions and form of community center water-service contract see C. L. 515, August 19, 1915. Sec. 4. [Disposal of lands not taken within 10 years-Proceeds covered into reclamation fund.]-That any of such lands not contracted for in accordance with the provisions of section three of this act 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 act, 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. (38 Stat. 728.) Textual note.-See textual note under section 1 of this act. SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT FOR 1916 [Extract from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1916, and for other purposes. (Act March 3, 1915, ch. 75, 38 Stat. 822) * * * * * * [Purchase of passenger-carrying vehicles-Compromise of damages by Secretary.]-(Appropriations are made from the reclamation fund for) purchase, maintenance, and operation of horsedrawn or motor-propelled passenger-carrying vehicles; payment of damages caused to the owners of lands or private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and the Secretary of the Interior. (38 Stat. 859.) NOTES Provisions similar to the above are now carried regularly in the annual appropriation acts. The above language, in reference to damages, viz, "payment of damages caused to the owners of lands or private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and the Secretary of the Interior," occurs in various appropriation acts subsequent to March 3, 1915, as follows: Act July 1, 1916 (39 Stat. 304); act June 12, 1917 (40 Stat. 147); act of July 1, 1918 (40 Stat. 673); act of July 19, 1919 (41 Stat. 200); act June 5, 1920 (41 Stat. 913); act March 4, 1921 (41 Stat. 1402); act May 24, 1922 (42 Stat. 584); act January 24, 1923 (42 Stat. 1206); act June 5, 1924 (43 Stat. 416); act March 3, 1925 (43 Stat. 1166); act May 10, 1926 (44 Stat. 453); act January 12, 1927 (44 Stat. 934); act March 7, 1928 (45 Stat. 200); act March 4, 1929 (45 Stat. 1562); act May 14, 1930 (46 Stat. 306); act February 14, 1931 (46 Stat. 1142); except that in the six last-named acts the word other is inserted between the words "or" and "private," making the first part of the clause read: "Payment of damages caused to the owners of lands or other private property of any kind," etc. The six last-named acts also amend previous legislation by providing that such claims may be compromised "by agreement between the claimant and the Secretary of the Interior, or such officers as he may designate." 66 Liquidation of damages by executive officer.-Where damage to lands arises in connection with construction, operation, or maintenance of a reclamation project and is caused neither by negligence nor by accident, the Secretary of the Interior now and always has had under section 10 of the reclamation act the power to liquidate the damages, as declared by Congress in this appropriation act. The latter act is a legislative construction of the reclamation act. The damages in question must be due to acts by direction of competent authority. (In re Scott, Shoshone project, Comp. Dec., June 15, 1915.) Reclamation Service (Bureau of Reclamation) was given authority to_approve compromise agreements for damages by departmental decision July 29, 1915. The fact that the negligence of an officer, agent, or employee of the Government contributed to the injury of the property does not invalidate a claim for damages provided such negligence relates to the performance of the duty of the officer, agent, or employee, as distinguished from an act of wantonness or carelessness committed in a purely personal capacity. (21 Comp. Dec. 255.) |