453 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1930 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1930, and for other purposes. (Act of March 4, 1929, ch. 705, 45 Stat. 1562) * [Boise project-Application of revenues from operation of Black Canyon power plant.]—* * * Provided,-Repealed. EXPLANATORY NOTE Proviso Repealed. Section 3 of the Act of August 24, 1954, 68 Stat. 794, repealed the proviso in the item relating to the Boise project, which read as follows: "Provided, That all net revenues derived from the operation of the Black Canyon power plant shall be applied to the repayment of the construction cost: First, of the Deadwood Reservoir; second, the Black Canyon power plant and power system; and third, one-half the cost of the Black Canyon Dam, until the United States shall have been reimbursed for all expenditures made incident thereto. Thereafter all net revenues shall be covered into the reclamation fund unless and until otherwise directed by Congress. No charge shall be made against any irrigation district for the cost of construction of the said Deadwood Reservoir, the Black Canyon power plant and power system, or more than one-half of the cost of the Black Canyon Dam." Additionally, the 1954 Act repealed the last three provisos to the portion of the Act of June 5, 1924, relating to the Boise project. Extracts from the 1924 Act, including the portion relating to the Boise project, and the full text of the 1954 Act, appear herein in chronological order. [Sun River project-Control by water users.]-Sun River project, Montana: * * * Provided further, That on or before July 1, 1929, notice shall be given by the Secretary of the Interior requiring the water users to assume the control of the constructed works on January 1, 1931, and to commence payment of construction charges in accordance with the contract of June 22, 1926, between the United States and the Greenfields irrigation district. (45 Stat. 1591) [Newlands project-Test wells in Truckee Meadows.]-Newlands project, Nevada: That such portion as may be necessary of 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 and Carson Rivers, made available under the provisions of the second deficiency act, 1928 (Public, Numbered 563, Session Laws, first session, Seventieth Congress, page 902, Newlands project, Nevada), shall also be available for the boring of test wells in the Truckee Meadows, Washoe County, near the city of Reno, Nevada. (45 Stat. 1591) [Carlsbad project-Avalon Reservoir-Contract with A. T. and S. F. Ry.]— Carlsbad project, New Mexico: * * * Provided, That no part of the appropriation of $250,000 contained in the act of May 29, 1928 (45 Stat., p. 902), for beginning the enlargement of Avalon Reservoir shall be available until contract is entered into between the Secretary of the Interior and the Atchison, Topeka and Santa Fe Railway System, whereby said system agrees to pay one-half of the 454 INTERIOR DEPARTMENT APPROPRIATION ACT, 1930 cost of relocating the tracks and right of way of said system where made necessary by said enlargement of the reservoir. (45 Stat. 1591) [Shoshone project-Application of net revenues from Shoshone power plant.]-Shoshone project, Wyoming: *** Provided further, That the net revenues from the operation of the Shoshone power plant shall be applied, first, to the repayment of the construction cost of the power system; second, to the repayment of the construction cost of the Shoshone Dam; and third, thereafter such net revenues shall be covered into the reclamation fund. (45 Stat. 1592) EXPLANATORY NOTES 1938, 1949 and 1954 Modifications. The Act of April 9, 1938, 52 Stat. 210, section 3 of the Act of October 27, 1949, 63 Stat. 941, 942, and the Act of July 14, 1954, 68 Stat. 471, modify these provisions for the application of Shoshone project power revenues. These Acts appear herein in chronological order. Cross Reference, Annual Appropriation Acts. For a number of years the annual appropriation acts made funds from power 1. Disposition of power revenues revenues of the Shoshone project available for operation and maintenance of the commercial system, as explained in the note under the Act of March 7, 1928, 45 Stat. 230. Cross Reference, Sale of Facilities. The Act of May 14, 1930, 46 Stat. 309, authorizes the sale of power facilities no longer needed for the Shoshone project. The Act appears herein in chronological order. NOTES OF OPINIONS The Act of March 4, 1929, prevents the Department from applying any of the net power revenues of the Shoshone power plant to a reduction of the annual charges due from the Shoshone Irrigation District to the United States in accordance with the provisions of subsection I of the Fact Finders' Act of December 5, 1924. Solicitor Finney Opinion, 53 I.D. 427 (1931). The Act of March 4, 1929, relating to the disposition of Shoshone power revenues, is clearly within the constitutional power of Congress to enact. If the Act impairs any contract rights of the plaintiff under a prior contract, its remedy for recovery is in recourse to the Court of Claims. An action for a writ of mandamus to compel the Secretary of the Interior to determine and credit to the plaintiff annually a portion of the power revenues will not lie, both because this is in the nature of a suit for specific performance of a contract to which the United States has not given its consent, and because the matter is so completely within the discretion of the Secretary as to forbid interference by writ of mandamus. United States ex rel. Shoshone Irr. Dist. v. Ickes, 70 F. 2d 771 (D.C. Cir. 1934), cert. denied 293 U.S. 571 (1934). EXPLANATORY NOTES Not Codified. Extracts from this Act shown here are not codified in the U.S. Code. Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts appear herein only in the act in which first used. Legislative History. H.R. 15089, Public Law 1033 in the 70th Congress. H.R. Rept. No. 1938. S. Rept. No. 1355. H.R. Rept. No. 2025 (conference report). 455 DELIVER WATER, UNCOMPAHGRE PROJECT Joint resolution to authorize the Secretary of the Interior to deliver water during the irrigation season of 1930 on the Uncompahgre project, Colorado. (Pub. Res. No. 62 [S.J. Res. 151], April 12, 1930, ch. 143, 46 Stat. 163) [Economic study on Uncompahgre project-Delivery of water to those paying one annual installment of construction charge and current operation and maintenance charges.]—Whereas an economic study is now in progress on the Uncompahgre project, Colorado, constructed and operated under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, looking to the adjustment of water-right charges and the execution of a new contract with the water users of that project, and Whereas the necessary action cannot be completed before the beginning of the irrigation season of 1930; Now, therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to deliver water during the irrigation season of 1930 to any water user on the Uncompahgre project, Colorado, who pays or causes to be paid, in the manner and at the time prescribed by said Secretary, one regular annual installment of construction charge and the current operation and maintenance charges, notwithstanding any delinquencies. (46 Stat. 163) EXPLANATORY NOTES Not Codified. This Public Resolution is not codified in the U.S. Code. Legislative History. S.J. Res. 151, Public Resolution 62 in the 71st Congress. H.R. 456 AMEND SECTION 43, OMNIBUS ADJUSTMENT ACT An act to amend section 43 of the act of May 25, 1926, entitled “An act to adjust waterright charges, to grant certain other relief on the Federal irrigation projects, and for other purposes." (Act of April 23, 1930, ch. 205, 46 Stat. 249) [Suspension of construction charges against areas temporarily unproductive-Payments made credited to construction charge-Credits-Delivery of water-Permanently unproductive lands.]-Section 43 of the act of May 25, 1926, entitled "An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes" (Forty-fourth Statutes, page 636) be, and the same is hereby, amended to read as follows: "SEC. 43. The payment of all construction charges against said areas temporarily unproductive shall remain suspended until the Secretary of the Interior shall declare them to be possessed of sufficient productive power properly to be placed in a paying class, whereupon payment of construction charges against such areas shall be resumed or shall begin, as the case may be. Any payments made on such areas shall be credited to the unpaid balance of the construction charge on the productive area of each unit. Such credit shall be applied on and after the passage and approval of this act, which shall not be construed to require revision of accounts heretofore adjusted under the provisions of this section as originally enacted. While said lands so classified as temporarily unproductive and the construction charges against them are suspended, water for irrigation purposes may be furnished upon payment of the usual operation and maintenance charges, or such other charges as may be fixed by the Secretary of the Interior the advance payment of which may be required, in the discretion of the said Secretary. Should said lands temporarily classed as unproductive, or any of them, in the future be found by the Secretary of the Interior to be permanently unproductive, the charges against them shall be charged off as a permanent loss to the reclamation fund and they shall thereupon be treated in the same manner as other permanently unproductive lands as provided in this act except that no refund shall be made of the construction charges paid on such unproductive areas and applied as a credit on productive areas as herein authorized." (46 Stat. 249; 43 U.S.C. § 423b) EXPLANATORY NOTES Editor's Note, Annotations. Annotations of opinions, if any, are found under section 43 of the Act of May 25, 1926 (the Omnibus Adjustment Act). Legislative History. H.R. 4291, Public Law 161 in the 71st Congress. H.R. Rept. No. 118. S. Rept. No. 404. 457 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1931 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1931, and for other purposes. (Act of May 14, 1930, ch. 273, 46 Stat. 279) [Salt Lake Basin project-Repayment contract required.]—Salt Lake Basin project, Utah, second division: For commencement of construction, $300,000: Provided, That no part of this sum shall be available for construction work until a contract or contracts shall be made as required by the reclamation laws with an irrigation district or districts or water users' association or associations for the payment to the United States of the cost of such second division. (46 Stat. 308; Act of April 22, 1932, 47 Stat. 116) [Yakima project, Kennewick Highlands unit-Prosser Dam title, etc.— Application of power revenues-Power-plant title to remain in United States.]-Yakima project (Kennewick Highlands unit), Washington: For construction, $640,000, to be immediately available: Provided, That no part of the funds hereby appropriated shall be expended for construction purposes until there shall have been conveyed to the United States title to the Prosser Dam and the right-of-way for the Prosser-Chandler Power Canal free of all prior lien and satisfactory to the Secretary of the Interior: Provided further, That all net revenues received from the disposition of power not required for pumping water for irrigation of lands in the Kennewick irrigation district shall be applied, first, to the payment of the construction cost incurred by the United States in connection with the Kennewick Highlands unit, including the power plant and appurte nances, until said construction cost is fully paid, and thereafter to retire the obligations incurred by the said district in the purchase of the said dam and right-ofway: And provided further, That title to and the legal and equitable ownership of the power plant and appurtenances constructed by the United States pursuant to this appropriation shall be and remain in the United States, and all net reve 267-067-72-vol. 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