482

SUSPENSION FOR TWO YEARS OF ANNUAL PAYMENTS FROM RECLAMATION FUND TO TREASURY

[Extracts from] An act making appropriations to supply urgent deficiencies in certain appropriations for the fiscal year ending June 30, 1931, and for prior fiscal years, to provide urgent supplemental appropriations for the fiscal year ending June 30, 1931, and for other purposes. (Act of February 6, 1931, ch. 111, 46 Stat. 1064)

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BUREAU OF RECLAMATION

[Payments from reclamation fund suspended.]-The annual payments required to be made from the reclamation fund to the general funds in the Treasury, as reimbursement for advances made in accordance with the provisions of the act entitled "An act to authorize advances to the 'reclamation fund,' and for the issue and disposal of certificates of indebtedness in reimbursement therefor, and for other purposes," approved June 25, 1910, as amended, are hereby suspended for a period of two years, beginning with the fiscal year ending June 30, 1931. (46 Stat. 1069)

Sec. 5. [Short title.]—This act may be cited as the "First Deficiency Act, fiscal year 1931." (46 Stat. 1083)

EXPLANATORY NOTES

Not Codified. The extracts of this act shown here are not codified in the U.S. Code.

Reference in the Text. The Act of June 25, 1910, referred to in the text, authorizes the Secretary of the Treasury, upon request by the Secretary of the Interior, and the approval of the President, to make advances to the reclamation fund. The Act appears herein in chronological order.

Reimbursement to the Treasury. A complete reimbursement to the Treasury of funds advanced to the reclamation fund under the provisions of the Act of June 25, 1910, referred to in the text, and the Act of March 3, 1931, as amended, was effected by the Act of May 9, 1938, 52 Stat. 291, 322. The 1910 and 1931 Acts and extracts

from the 1938 Act, including the provision with respect to the reclamation fund, appear herein in chronological order.

Additional Postponements of Annual Payments to the Treasury. The annual payments to the Treasury were further postponed by section 10 of the Act of April 1, 1932, 47 Stat. 75; by section 2 of the Act of March 3, 1933, 47 Stat. 1427; and by the Act of June 22, 1936, 49 Stat. 1757, 1784. The last act set July 1, 1938, as the date on which payments were to begin. The 1932 and 1933 Acts appear herein in chronological order.

Legislative History. H.R. 15592, Public Law 612 in the 71st Congress. H.R. Rept No. 2178. S. Rept. No. 1324. H.R. Rept. No. 2478 (conference report).

483

AMEND DISPOSAL OF UNPLATTED PORTIONS OF TOWN SITES

ACT

An act to amend the act approved March 2, 1929, entitled "An act to authorize the disposition of unplatted portions of Government town sites on irrigation projects under the reclamation act of June 17, 1902, and for other purposes." (Act of February 14, 1931, ch. 176, 46 Stat. 1107)

[Act of March 2, 1929, amended to permit sale of unplatted portions of Government town sites on terms required by bidder, but not to exceed five years.]-Section 1 of the act of March 2, 1929, entitled "An act to authorize the disposition of unplatted portions of Government town sites on irrigation projects under the reclamation act of June 17, 1902, and for other purposes" (45 Stat. L. 1522; U.S.C., Supp. III, title 43, sec. 571), [is] amended to read:

"That the Secretary of the Interior is hereby authorized, in his discretion, to appraise and sell, at public auction, to the highest bidder, from time to time, under such terms as to time of payment as he may require, but in no event for any longer period than five years, any or all of the unplatted portions of Government town sites created under the act of April 16, 1906 (34 Stat. 116), on any irrigation project constructed under the act of June 17, 1902 (32 Stat. 388), or acts amendatory thereof or supplementary thereto: Provided, That any land so offered for sale and not disposed of may afterwards be sold, at not less than the appraised value, at private sale, under such regulations as the Secretary of the Interior may prescribe. Patents made in pursuance of such sale shall convey all the right, title, and interest of the United States in or to the land so sold." (46 Stat. 1107; 43 U.S.C. § 571)

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of March 2, 1929.

Legislative History. H.R. 14056, Public Law 655 in the 71st Congress. H.R. Rept. No. 2118. S. Rept. No. 1529.

484

INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1932

[Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1932, and for other purposes. (Act of February 14, 1931, ch. 187, 46 Stat. 1115)

[Cleaning up Jackson Lake Reservoir.]-Minidoka project, Idaho: . . . for cleaning up Jackson Lake Reservoir in Wyoming, in cooperation with the National Park Service, $50,000, either by direct expenditure or by transfer to the National Park Service to be available until expended: Provided, That the expenditure from the reclamation fund for such clean-up shall not be charged as a part of the construction or operation and maintenance cost payable by the water users under the project, but shall be offset and recouped from revenues from the rentals of storage from the reservoir: . . . (46 Stat. 1143)

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[Giving information and advice to settlers.]-Giving information to settlers: For the purpose of giving information and advice to settlers on reclamation projects in the selection of lands, equipment, and livestock, the preparation of land for irrigation, the selection of crops, methods of irrigation and agricultural practice, and general farm management, $25,000, which shall be charged to the general reclamation fund and shall not be charged as a part of the construction or operation and maintenance cost payable by the water users under the projects. (46 Stat. 1145)

EXPLANATORY NOTE

Provision Repeated. This provision is contained in each subsequent annual Interior Department Appropriation Act through the Appropriation Act for fiscal year 1945, Act of June 28, 1944, 58 Stat. 488, and thereafter it is incorporated by reference to the

Appropriation Act for 1945 in each subsequent appropriation act through the most recent Public Works Appropriation Act, 1967, Act of October 15, 1966, 80 Stat. 1009.

NATIONAL PARK SERVICE

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[Cleaning up Jackson Lake Reservoir.]-Grand Teton National Park, Wyoming: For administration, protection, and maintenance, . . . including not exceeding $50,000 for cleaning up Jackson Lake in cooperation with the Bureau of Reclamation either by direct expenditure or by transfer to the reclamation fund, for expenditure under the direction of the commissioner of reclamation for the purposes for which appropriated, said amount for such clean up to remain available until expended, $76,100; for construction of physical improvements, $650; in all $76,750. (46 Stat. 1150)

INTERIOR DEPARTMENT APPROPRIATION ACT, 1932 485

EXPLANATORY NOTES

486

SALE OF SURPLUS POWER DEVELOPED UNDER GRAND VALLEY

PROJECT

An act authorizing the sale of surplus power developed under the Grand Valley reclamation project, Colorado. (Act of February 21, 1931, ch. 266, 46 Stat. 1202)

[Grand Valley Water Users' Association authorized to enter into contracts for development of power.]-Whenever a development of power is necessary for the irrigation of lands under the Grand Valley reclamation project, Colorado, or an opportunity is afforded for the development of power under said project, such development of power to be without expenditure of money from the reclamation fund or from the Treasury of the United States, the Grand Valley Water Users' Association, with the approval of the Secretary of the Interior, is authorized to enter into a contract or contracts for a period of not exceeding twenty-five years for the sale or development of any surplus power or power privileges in said Grand Valley reclamation project, Colorado. (46 Stat. 1202)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Cross References, Construction Charges Deferred. Section 3 of the Act of April 1, 1932, 47 Stat. 76, provided for the deferral of the construction charges of the Grand Valley project accruing during the year 1932. The provisions of the 1932 Act were extended by the Acts of March 3, 1933, 47 Stat. 1427; March 27, 1934, 48 Stat. 500; June 13, 1935, 49 Stat. 337; and April 14,

1. Power revenues

1936, 49 Stat. 1206. Each of these Acts appears herein in chronological order.

Cross Reference, Extension of Power Contract. The Act of July 12, 1960, authorized the execution of a power contract for an additional 25-year term. The Act appears herein in chronological order.

Legislative History. H.R. 16215, Public Law 708 in the 71st Congress. H.R. Rept. No. 2446. S. Rept. No. 1566 (on S. 5981).

NOTE OF OPINION

The Act of February 21, 1931, under which the Bureau of Reclamation constructed a power plant at the Grand Valley project with private funds advanced by the Public Service Company of Colorado and turned the plant over to the utility company to operate for 25 years, is silent with respect to the disposition of power revenues at the end of the 25-year period. Subsection I, section 4 of the Act of December 5, 1924, does not apply because the power plant will not be taken over by the water users. Consequently, the applicable law is section 5 of

the Act of April 16, 1906, 34 Stat. 117, 43 U.S.C. § 522, as amended by the HaydenO'Mahoney amendment of 1938, under which the net power revenues after the 25year period of company operation will be applied first to repay project operation and maintenance costs and construction charges until all construction charges have been repaid, and thereafter the net power revenues shall be covered into the General Treasury as miscellaneous receipts. Solicitor Harper Opinion, M-33504 (September 26, 1944).