492 MORATORIUM FOR 1931 AND 1932 reclamation project, Colorado” (Private Numbered 300, Seventy-first Congress), is hereby amended to extend for one year from and after January 1, 1932, the time for beginning construction of drainage system upon the Uncompahgre project, and any and all construction charges accruing upon or for said project for or during the year 1932, shall be deferred and included in and made payable as a part of the project supplemental construction charge provided for in said act of January 31, 1931; and in order to afford opportunity to complete the construction authorized by the act of Congress approved February 21, 1931 (Public Numbered 708), relating to the Grand Valley reclamation project, Colorado, any and all construction charges, accruing upon or for said project for or during the year 1932 shall be deferred and shall be included in and made payable as project supplemental construction charges under the terms as provided in this act. (47 Stat. 76) EXPLANATORY NOTES Cross References, Extension of Provisions. The provisions of section 3 of the Act were extended and modified 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, 1936, 49 Stat. 1206. The 1936 Act included the following proviso: "Provided, however, That where the construction charge for the Calendar Year 1936 is payable in two installments, the sum hereby extended shall be the amount due as the first of such installments. If payable in one installment, the due date for the 50 percent to be paid shall not be changed." Each of these Acts appears herein in chronological order. References in the Text. The Act of January 31, 1931, relating to the Uncompahgre project, and the Act of February 21, 1931, relating to the Grand Valley project's power development, referred to in the text, appear herein in chronological order. Sec. 4. [Resumption of payment of charges-Contracts pursuant to Warren Act, Extension Act, Adjustment Act, subsection F, section 4, Fact Finders' Act.]-At the expiration of the period for which deferment of charges is made under this act, all districts, water-users' associations, or other water-users' organizations, and all individuals accepting the provisions hereof shall resume payment of charges on the basis of and in accordance with existing contracts and shall continue payments thereafter until the entire indebtedness of said districts, waterusers' associations, or other water-users' organizations, and individuals to the United States shall have been fully paid. In the case of a district, water-users' association, or other water-users' organization, or individual having contracts executed pursuant to the act of February 21, 1911 (36 Stat. 925), the act of August 13, 1914 (38 Stat. 686), or the act of May 25, 1926 (44 Stat. 636), or any special act the deferred construction installment or installments for the calendar year 1931, and that portion of the 1932 installment or installments deferred, together with the installment or installments of deferred construction and/or operation and maintenance for 1931 and 50 per centum of the installment and/or installments of such deferred charges for 1932, shall be paid as an additional installment to be due and payable one year after the date the last installment under existing contracts shall become due, except in those cases in which the Secretary of the Interior, whose decision shall be final, shall find necessary additional installments, which he is hereby authorized to fix. In the case of any district, water-users' association, or other water-users' organization, or individual under contract for payment of construction charges pursuant to MORATORIUM FOR 1931 AND 1932 493 subsection F, section 4, act of December 5, 1924 (43 Stat. 702), construction payments shall be continued on the basis of existing contracts until the entire indebtedness to the United States, including all charges deferred pursuant to this act, shall have been fully paid. Installments so carried over shall be subjected to the reductions provided for in section 8 hereof. (47 Stat. 76) EXPLANATORY NOTES References in the Text. The Act of February 21, 1911 (36 Stat. 925), referred to in the text, is the Warren Act. The Act of August 13, 1914 (38 Stat. 686), referred to in the text, is the Reclamation Extension Act. The Act of May 25, 1926 (44 Stat. 636), also referred to in the text, is the Omnibus Adjustment Act. Each of these Acts appears herein in chronological order. Reference in the Text. Subsection F, section 4, of the Act of December 5, 1924 (43 Stat. 702), referred to in the text, provides for construction charges to be paid in 1. Time of payment annual installments based on the productive power of the land. The Act is the Fact Finders' Act, which appears herein in chronological order. Cross Reference, Interest Rate. The Act of March 3, 1933, 47 Stat. 1427, provides that the deferred charges shall bear interest at the rate of 3 per centum per annum for the years specified in the Act, as amended by the said 1933 Act, which interest shall be paid at the same time the principal deferred is paid. NOTE OF OPINION The language "shall be paid" means "shall at the latest be paid". In other words, there is nothing in the statute which prohibits an earlier payment of such deferred amounts. Letter from the First Assistant Secretary to Senator Frederick Steiwer, April 11, 1932. Sec. 5. [Secretary may permit adjustment of charges.]—The Secretary of the Interior, in his discretion, and upon acceptance of the provisions of this section by the water users affected, in the manner provided in sections 1 and 2 hereof, may permit adjustment of construction and/or operation and maintenance charges heretofore deferred by contracts made pursuant to existing law to be made for the years 1931 and 1932 on the basis authorized in sections 1 and 2 hereof or on such other basis as the Secretary may find to be required in each case. (47 Stat. 77) Sec. 6. [Deferment of 1930 construction and O. and M. charges.]—The Secretary of the Interior, in his discretion, is further authorized to defer the payment to the United States from any water users' organization, as defined in section 1 hereof and from any individual water-right applicant or entryman of construction charges and installments of deferred construction and/or deferred operation and maintenance charges for the calendar year 1930 and prior thereto. Such deferred charges, together with penalty or interest to December 31, 1931, under existing laws and contracts shall be paid in such annual installments as the Secretary of the Interior may fix. (47 Stat. 77) Sec. 7. [Delivery of water by water users' organization to water users in arrears in payment of charges.]-Any irrigation district, water-users' association, or other water users' organization which has contracted to pay construction charges and which is not in arrears for more than one calendar year in the payment of any construction, operation, and maintenance, or other charge due by it to the United States may, at its option, deliver or authorize the delivery of water during the years 1932 and 1933 to water users who may be more than 494 MORATORIUM FOR 1931 AND 1932 one year in arrears in the payment of charges or assessments due from such landowner or water user to the district or association. (47 Stat. 77) 1. Application NOTE OF OPINION The Relief Act of March 27, 1934, in extending temporary relief on water charges, also extended relief from punishment for nonpayment of charges. Section 7 of the moratorium act of April 1, 1932, must be considered in granting moratorium under the relief act of March 27, 1934. Opinion of Acting Solicitor Fahey, April 17, 1934. Sec. 8. [Credits on account of power profits under subsections I and J, Fact Finders' Act, or other act.]—In the case of any irrigation district, water-users' organization, or individual, receiving credits on account of power profits or other revenues under the provisions of subsections I and/or J, section 4, act of December 5, 1924 (43 Stat. 703), or any other act of Congress, when any extension is granted as provided in section 1, 2, or 4 the amount of such credits shall be deducted from the amount of any payment so extended: Provided, That the provisions of this section shall not apply to power profits or other revenues derived from works not constructed at the expense of the United States. The credits, if any, in excess of the payment so extended shall be applied as now provided by law and contract. Acceptance of the provisions of this act shall operate as a waiver of any law and/or contract providing for application of credits different from that in this section prescribed. (47 Stat. 77) Sec. 9. [Collection of charges for 1931 to be credited upon succeeding payments as they become due.]-Collections of construction charges for the calendar year 1931 (which charges are subject to adjustment and are adjusted under sections 1, 2, and 4 of this act) and penalties and interest, if any, from water-users' organizations and individual water-right applications or landowners, heretofore made under existing contracts, shall be credited upon the succeeding payments as they become due, including operation and maintenance charges. (47 Stat. 78) Sec. 10. [Advances authorized by act of June 25, 1910, and act of March 3, 1931, to be repaid beginning July 1, 1934.]—That the act of June 25, 1910, 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", as amended, and the act of March 3, 1931 (46 Stat. 1507), are hereby amended so as to provide that payments in reimbursement of moneys so advanced under these acts and not heretofore repaid shall be made by transfer annually from the reclamation fund to the general funds of the Treasury beginning July 1, 1938. (47 Stat. 78) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. 1933 and 1936 Amendments. Section 2 of the Act of March 3, 1933, amended the last line of the above section by substituting "1936" for "1934". The Act of June 22, 1936, further amended this section by substituting "1938" for "1936." A complete reimbursement to the Treasury of funds advanced to the Reclamation Fund under the provisions of Acts of June 25, 1910, and March 3, 1931, as amended, was effected by the Act of May 9, 1938, 52 Stat. 291, 322. Each of these provisions, except that in the 1936 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 Acts of June 25, 1910, and March 3, 1931, referred to in the text, 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. Legislative History. S. 3706, Public Law 70 in the 72nd Congress. S. Rept. No. 262. H.R. Rept. No. 656. H.R. Rept. No. 313 (on H.R. 8638). H.R. Rept. No. 379 (on H.R. 9489). H.R. Rept. No. 690 (on H. Res. 165). 496 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1933 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1933, and for other purposes. (Act of April 22, 1932, ch. 125, 47 Stat. 91) * BUREAU OF RECLAMATION The following sums are appropriated out of the special fund in the Treasury of the United States created by the act of June 17, 1902, and therein designated "the reclamation fund", to be available immediately: [Salt Lake Basin project-Repayment contract.]—Salt Lake Basin project, Utah, second division: The unexpended balance of the appropriation for the fiscal year 1932, originally made in the appropriation act of May 14, 1930 (46 Stat. 308), for the Interior Department for the fiscal year ending June 30, 1931, and continued available for the fiscal year 1932 by the act of February 14, 1931 (46 Stat. 1115), shall remain available for the same purposes for the fiscal year 1933, the proviso to said original appropriation for said second division being hereby amended so as to read as follows: "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." (47 Stat. 116) [Contribution to cost of investigation requested by non-Federal interests.]—For cooperative and general investigations, .. Provided further, That beginning January 1, 1933, the expenditure of any sums from this appropriation for investigations of any nature requested by States, municipalities, or other interests shall be upon the basis of the State, municipality, or other interest advancing at least 50 per centum of the estimated cost of such investigation. (47 Stat. 117) EXPLANATORY NOTE Provision Repeated. A similar provision is contained in each subsequent Interior Department Appropriation Act through fiscal year 1955, and each Public Works Appropriation Act thereafter through the most recent one, the Act of October 15, 1966, |