INTERIOR DEPARTMENT APPROPRIATION ACT, 1925 313 then the rates for power shall be fixed so that each such contractor, including said district, shall pay only its proper proportionate share of said interest and depreciation, as found by the Secretary of the Interior." Additionally, the 1954 Act repealed the proviso in that portion relating to the Boise project of the Act of March 4, 1929 (45 Stat. 1562, 1590). Extracts from the 1929 Act, including the portion relating to the Boise project, and the complete text of the 1954 Act appear herein in chronological order. [Expenditures for American Falls Reservoir restricted-Title for Indian lands-Expenses shared.]—Minidoka project, Idaho: For operation and maintenance, continuation of construction, and incidental operations, $1,045,000: Provided, That no part of this appropriation (and no part of any unencumbered balance of the 1924 appropriation for the Minidoka project) shall be expended on the American Falls Reservoir until (1) all acts have been performed that are necessarily precedent to the confirmation of title in fee in the United States for said reservoir of such Indian lands as are essential to the construction of the same; (2) companies and districts which have contracted to cooperate with the United States in the construction of said reservoir and have contracted to participate in said reservoir to an aggregate amount of at least three hundred and sixty-five thousand acre-feet shall have paid to the United States their due proportionate share of all moneys expended by the United States on said reservoir prior to the date of said payments, including interest at the rate of 6 per centum per annum from the time such moneys were advanced by the United States; (3) The American Falls Reservoir district and the Empire Irrigation district shall each have filed with the Secretary of the Interior an agreement binding each of said districts to the elimination of the second paragraph of article 46 of their respective contracts of June 15, 1923, with the United States; and (4) the said companies and districts shall have paid to or deposited with the United States cash or United States Government securities amounting to a total of at least $1,500,000: Provided further, That no contractor shall secure a right to the use of water from said reservoir except under a contract containing the provision that the contractor shall, as a part of the construction cost, pay interest at the rate of 6 per centum per annum upon the contractor's proper proportionate share, as found by the Secretary of the Interior, of the moneys advanced by the United States on account of the construction of said reservoir prior to the date of the contract. (43 Stat. 417; 43 U.S.C. § 600) [Newlands project-Drainage repayment contract.]-Newlands project, Nevada: For operation and maintenance, continuation of construction, and incidental operations $400,000, of which amount $245,000 shall be used for drainage purposes, but only after execution by the Truckee-Carson irrigation district of an appropriate reimbursement contract satisfactory in form to the Secretary of the Interior, and after confirmation of such contract by decree of a court of competent jurisdiction and final decision on all appears from such decree. (43 Stat. 417) 315 COOPERATIVE INVESTIGATIONS OF CASPER-ALCOVA, DESCHUTES, AND SOUTHERN LASSEN PROJECTS Joint resolution authorizing an investigation of the proposed Casper-Alcova irrigation project, Natrona County, Wyo.; the Deschutes project in the State of Oregon, and the Southern Lassen irrigation project in Lassen County, Calif. (Pub. Res. No. 32, of June 7, 1924, ch. 374, 43 Stat. 668) [Plans for constructing and completing projects to be submitted to Congress-Contribution of one-half of cost by States.]-The Secretary of the Interior is hereby authorized and directed to prepare and submit to Congress at the beginning of the next regular session plans and estimates of the character and cost of structures necessary for the construction and completion of the proposed Casper-Alcova irrigation project in Natrona County, Wyoming, the Deschutes project in the State of Oregon, and the Southern Lassen Irrigation project, in Lassen County, California; Provided, That at least one-half of the cost of all such investigations, plans and estimates shall be advanced by the State in which the project is located, or by parties interested. (43 Stat. 668) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Investigations and Reports. Contracts were negotiated with the State of Oregon and the State of Wyoming providing for contribution by these States to the cost of the investigations of the Deschutes project and Casper Alcova project, respectively. As neither the State of California, nor other parties, were disposed to contribute the necessary funds for the investigation of the Southern Lassen project, no investigation under the terms of the above resolution was made of that project. The Deschutes report was submitted to the Congress February 19, 1926 and printed as House Document No. 663, 69th Congress. The Casper Alcova engineering, land classification and economic report was submitted to the Congress December 5, 1930 and printed as House Document No. 674, 71st Congress. Legislative History. S.J. Res. 114, Public Resolution 32 in the 68th Congress. H.R. Rept. No. 699. 316 SECOND DEFICIENCY APPROPRIATION ACT FOR 1924 (FACT FINDERS' ACT) [Extracts from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1925, and for other purposes. (Act of December 5, 1924, ch. 4, 43 Stat. 672) [Commencement of construction work prohibited unless recommended by Commissioner of Reclamation and Secretary of the Interior and approved by the President.]-Provided, That no part of the sums herein appropriated shall be used for the commencement of construction work on any reclamation project which has not been recommended by the Commissioner of Reclamation and the Secretary of the Interior and approved by the President as to its agricultural and engineering feasibility and the reasonableness of its estimated construction cost. (43 Stat. 685) [Return of contributions to cooperative investigations of projects.]—Hereafter the Secretary of the Interior is authorized to receive moneys from any State, municipality, irrigation district, individual, or other interest, public or private, expend the same in connection with moneys appropriated by the United States for any such cooperative investigation, and return to the contributor any moneys so contributed in excess of the actual cost of that portion of the work properly chargeable to the contribution. (43 Stat. 685; 43 U.S.C. § 396) Sec. 4. [Definitions.]—Subsection A. When used in this section— (a) The word "Secretary" means the Secretary of the Interior. (b) The words "reclamation law" mean the act of June 17, 1902 (Thirtysecond Statutes, page 388), and all acts amendatory thereof or supplementary thereto. (c) The words "reclamation fund" mean the fund provided by the reclamation law. (d) The word "project" means a Federal irrigation project authorized by the reclamation law. (e) The words "division of a project" mean a substantial irrigable area of a project designated as a division by order of the Secretary. (43 Stat. 701; 43 U.S.C. § 371) Subsec. B. [Approval of new project contingent upon information as to water supply, engineering features, cost, land prices, feasibility, adaptability FACT FINDERS' ACT-SUBSEC. C 317 for settlement and farm homes.]-No new project or new division of a project shall be approved for construction or estimates submitted therefor by the Secretary until information in detail shall be secured by him concerning the water supply, the engineering features, the cost of construction, land prices, and the probable cost of development, and he shall have made a finding in writing that it is feasible, that it is adaptable for actual settlement and farm homes, and that it will probably return the cost thereof to the United States. (43 Stat. 702; 43 U.S.C. § 412) NOTES OF OPINIONS Federal court has no general supervisory power by which to control decision of the Secretary of the Interior as to whether a Reclamation Act project is economically feasible. In an action by irrigation entrymen to recover damages for losses alleged to have resulted because of a failure of the Secretary of the Interior to comply with subsection B of the Act of December 5, 1924, and to compel the Secretary to determine that the Third Division, Riverton Project, lacked economic feasibility, the court sustained a motion to dismiss on the grounds that the law requires the Secretary of the Interior to make a written finding that a new project, or new division of a project, is feasible before it can be approved for construction, but does not create a duty that the Secretary, sixteen years after the project was commenced, make a finding that it is not feasible. Smith v. United States, 224 F. Supp. 402 (D. Wyo. 1963), affirmed 333 F. 2nd 70 (10th Cir. 1964). The Secretary of the Interior is not required to proceed with the construction of the Baker project, Oregon, even though Congress has appropriated funds therefor, if he is unable to find that the project is feasible and that the costs will be repaid to the United States, as required by subsection B, section 4, of the Act of December 5, 1924, 43 Stat. 702, and section 4 of the Act of June 17, 1902, 32 Stat. 389, and unless a contract has been executed and confirmed as required by the Act of May 10, 1926, 44 Stat. 479. Letter from the Attorney General to Representative Sinnott and Senators McNary and Stanfield, reprinted in the New Reclamation Era, September, 1926, at 152; 35 Op. Atty. Gen. 125 (1926); 34 Op. Atty. Gen. 545 (1925). See also Solicitor's Opinions dated June 11, 1926, and July 20, 1925. 2. New project Although appropriations had been made for the Baker project prior to December 5, 1924, these appropriations had lapsed because construction was not started thereunder. Consequently, the Baker project is a "new project" within the meaning of subsection B. 34 Op. Atty. Gen. 545 (1925). 3. Source of funds The provisions of subsection B apply only to reclamation projects financed out of the reclamation fund and therefore are not applicable to a project primarily for relief which is to be financed out of funds made available by the Emergency Relief Appropriation Act of 1937. Letter of Attorney General to Secretary, July 23, 1937, in re Glendive unit, Buffalo Rapids project. Where a project is financed in part from nonreimbursable funds, a finding by the Secretary that the new project or the new division of a project will probably return to the United States the amount of the cost expended from the reclamation fund would seem to fulfill the requirements of subsection B. Letter from Department of Justice to Interior Department, September 7, 1937. Subsec. C. [Qualifications of applicants for entry-Appointment of boards.]-The Secretary is hereby authorized, under regulations to be promulgated by him, to require of each applicant including preference right exservice men for entry to public lands on a project, such qualifications as to industry, experience, character, and capital, as in his opinion are necessary to give reasonable assurance of success by the prospective settler. The Secretary is authorized to appoint boards in part composed of private citizens, to assist in determining such qualifications. (43 Stat. 702; 43 U.S.C. § 433) |