SPECIAL PROVISIONS OF SECOND DEFICIENCY ACT, FISCAL YEAR

1928

[Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1928, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1928, and June 30, 1929, and for other purposes. (Act May 29, 1928, ch. 853, 45 Stat. 883)

Boise project, Idaho: The unexpended balance of the appropriation of $400,000 for continuation of investigation and construction, Payette division, contained in the act making appropriations for the Department of the Interior for the fiscal year 1928, shall continue available during the fiscal year 1929. (45 Stat. 902.)

Carlsbad project, New Mexico: For beginning the enlargement of Avalon Reservoir, fiscal years 1928 and 1929, $250,000, payable from the reclamation fund.

Minidoko project, Idaho: The unexpended balance of the appropriation of $400,000 for investigation and construction of gravity extension unit contained in the act making appropriation for the Department of the Interior for the fiscal year 1928 shall continue available during the fiscal year 1929.

Newlands project, Nevada: The unexpended balance of the appropriation of $50,000 for the survey and examination of water storage reservoir sites on the headwaters of the Truckee River, and for other purposes, contained in the act making appropriations for the Department of the Interior for the fiscal year 1928, shall continue available during the fiscal year 1929 for the same purposes, including test borings, and shall also be available for the survey and examination of water storage reservoir sites on the Carson River, investigations of dam sites at such storage reservoirs, and estimates of costs, with recommendations in regard thereto.

NOTE

Artesian well.-The Comptroller General, in decision A-24552, dated October 4, 1928, held that there is no authority for the expenditure of the above appropriation for the sinking of an artesian well proposed to be located on a site in the Truckee Meadows several miles down the river and not on a possible water storage reservoir site on the headwaters of the Truckee River."

But see Newlands project item in Interior Department appropriation act for fiscal year 1930, approved March 4, 1929 (Pub. No. 1033, 70th Cong., 2d sess.), page 48.

Colorado River front work and levee system: To reimburse the reclamation fund for the benefit of the Yuma Federal irrigation project in Arizona and California for costs incurred during the period from

January 21, 1927, to March 6, 1928, and paid from the reclamation fund, for the operation and maintenance of the Colorado River front work and levee system adjacent to said project, $72,640: Provided, That the appropriation of $35,000, contained in the Interior Department appropriation act for the fiscal year 1927, for the share of the Government of the United States for the costs of operating and maintaining the Colorado River front work and levee system, authorized by the act of March 3, 1925, and the appropriation of $35,000, contained in the Interior Department appropriation act for the fiscal year 1928, for the same purpose, shall also be available to reimburse the reclamation fund for such costs during such period.

Damage claims: For payment in full settlement of all claims against the Government for flood damages to the owners of certain lands near Hatch and Santa Teresa, New Mexico, fiscal year 1929, $70,000, payable from the reclamation fund in accordance with section 2 of the act of February 25, 1927: Provided, That in addition to the above amount there shall be available for the same purpose such portion of the appropriation of $5,000 contained in the deficiency act of December 22, 1927, as may not be required to defray the expense of ascertaining the amount of such damages.

Hatch claims.-Comptroller General's decision A-23558, July 27, 1928, contains instructions regarding the preparation of claims for compensation under the above provision. Vouchers should be forwarded for settlement by the General Accounting Office, signed by the claimants and supported in each case by (a) proof of residence and citizenship; (b) by a showing as to the damage suffered; (c) by certificate by the superintendent that the sum recommended in settlement is reasonable, and (d) by the title data called for by the decision. On March 29, 1929, by decision A-23558, the Comptroller General held that appropriations for the Hatch flood damage claims are reimbursable and are chargeable to the operation and maintenance costs of the project.

46006-29-2

ENGINEERS TO EXAMINE SITE FOR DAM PROPOSED UNDER BOULDER DAM BILL

Joint resolution to appoint a board of engineers to examine and report upon the dam to be constructed under H. R. 5773, the Boulder Dam bill. (Pub. Res. 65, S. J. Res. 164, May 29, 1928, ch. 918, 45 Stat. 1011)

[Examination and report to be made prior to December 1, 1928— Compensation of board-Construction plans to be approved by boardPresident's sanction and approval essential-Expenses.]-That the Secretary of the Interior is hereby authorized and directed to appoint a board of five eminent engineers and geologists, at least one of whom shall be an engineer officer of the Army on the active or retired list, to examine the proposed site of the dam to be constructed under the provisions of H. R. 5773, Seventieth Congress, first session, and review the plans and estimates made therefor, and to advise him prior to December 1, 1928, as to matters affecting the safety, the economic and engineering feasibility, and adequacy of the proposed structure and incidental works, the compensation of said board to be fixed by him for each, respectively, but not to exceed $50 per day and necessary traveling expenses, including a per diem of not to exceed $6, in lieu of subsistence, for each member of the board so employed for the time employed and actually engaged upon such work: And provided further, That the work of construction shall not be commenced until plans there for are approved by said special board of engineers. No authority hereby conferred on the Secretary of the Interior shall be exercised without the President's sanction and approval. The expenses herein authorized shall be paid out of the reclamation fund established by the act of June 17, 1902. (45 Stat. 1011.)

NOTE

Pursuant to the above act a report was submitted to Congress under date of December 3, 1928. The report was published as House Document No. 446, Seventieth Congress, second session. The Boulder Canyon project act was approved December 21, 1928. See next page.

45 Stat. 1057

[Title 33, U. S. C.]

The following act has been codified under Title 33, U. S. C., "Navigation and Navigable Waters.'

CHAPTER 15A.-" BOULDER CANYON PROJECT ACT"

Sec. 707. Colorado River Basin; protection and development; dam, reservoir and incidental works; water, water power and electrical energy; eminent domain. For the purpose of controlling the floods, improving navigation and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior, subject to the terms of the Colorado River compact hereinafter mentioned, is hereby authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is hereby authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: Provided, however, That no charge shall be made for water or for the use, storage, or delivery of water for irrigation or water for potable purposes in the Imperial or Coachella Valleys; also to construct and equip, operate, and maintain at or near said dam, or cause to be constructed, a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged from said reservoir; and to acquire by proceedings in eminent domain, or otherwise,, all lands, rights of way, and other property necessary for said purposes. (Dec. 21, 1928, c. 42, sec. 1, 45 Stat.)

66

The act cited to the text was entitled An act to provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes."

Sec. 707a." Colorado River Dam fund." (a) Creation of fund; purpose; receipts and expenditures under control of Secretary of Interior.There is hereby established a special fund, to be known as the "Colorado River Dam fund" (hereinafter referred to as the "fund "), and

to be available, as hereafter provided, only for carrying out the provisions of this chapter. All revenues received in carrying out the provisions of this chapter shall be paid into and expenditures shall be made out of the fund, under the direction of the Secretary of the Interior.

(b) Advancements to fund by Secretary of Treasury; allocation; repayment; interest.-The Secretary of the Treasury is authorized to advance to the fund, from time to time and within the appropriations therefor, such amounts as the Secretary of the Interior deems necessary for carrying out the provisions of this chapter, except that the aggregate amount of such advances shall not exceed the sum of $165,000,000. Of this amount the sum of $25,000,000 shall be allocated to flood control and shall be repaid to the United States out of 621⁄2 per centum of revenues, if any, in excess of the amount necessary to meet periodical payments during the period of amortization, as provided in section 707c of this chapter. If said sum of $25,000,000 is not repaid in full during the period of amortization, then 6212 per centum of all net revenues shall be applied to payment of the remainder. Interest at the rate of 4 per centum, per annum accruing during the year upon the amounts so advanced and remaining unpaid shall be paid annually out of the fund, except as herein otherwise provided.

(c) Limitation on use made of advancements.-Moneys in the fund advanced under subdivision (b) shall be available only for expenditures for construction and the payment of interest, during construction, upon the amounts so advanced. No expenditures out of the fund shall be made for operation and maintenance except from appropriations therefor.

(d) Unpaid interest on advancements; charge on fund; rate of interest. The Secretary of the Treasury shall charge the fund as of June 30 in each year with such amount as may be necessary for the payment of interest on advances made under subdivision (b) at the rate of 4 per centum per annum accrued during the year upon the amounts so advanced and remaining unpaid, except that if the fund is insufficient to meet the payment of interest the Secretary of the Treasury may, in his discretion, defer any part of such payment, and the amount so deferred shall bear interest at the rate of 4 per centum. per annum until paid.

(e) Money in fund in excess of amount needed; certification of fact; disposition. The Secretary of the Interior shall certify to the Secretary of the Treasury, at the close of each fiscal year, the amount of money in the fund in excess of the amount necessary for construction, operation, and maintenance, and payment of interest. Upon receipt of each such certificate the Secretary of the Treasury is authorized and directed to charge the fund with the amount so certified as repayment of the advances made under subdivision (b), which amount shall be covered into the Treasury to the credit of miscellaneous receipts.. (Dec. 21, 1928, c. 42, sec. 2, 45 Stat.)

Sec. 707b. Appropriations from Treasury for purposes of chapter; authorization. There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such sums of money as may be necessary to carry out the purposes of this chapter, not exceeding in the aggregate $165,000,000.. (Dec. 21, 1928, c. 42, sec. 3, 45 Stat.)