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580

COMMISSION TO INVESTIGATE PROJECTS

An act to create a commission and to extend further relief to water users on United States reclamation projects and on Indian irrigation projects. (Act of August 21, 1937, ch. 725, 50 Stat. 737)

[Sec. 1. Commission to investigate projects-To make report to Congress.]— There is hereby created a commission to be composed of three members appointed by the Secretary of the Interior, all of whom shall have an intimate knowledge of irrigation farming, but who shall not be employees of the Bureau of Reclamation or the Bureau of Indian Affairs of the Department of the Interior, and shall have no financial interest in the matters coming under their jurisdiction. The commission is authorized and directed to investigate the financial, economic, and other conditions of the various United States and Indian reclamation projects, with particular reference to the ability of each such project to make payments of water-right charges without undue burden on the water users, district, association, or other reclamation organization liable for such charges. Such investigation shall include an examination and consideration of any statement filed with the commission, or the Department of the Interior, by any such district, association, or other reclamation organization, or the water users thereof, and, where deemed advisable by the commission and requested by such district, association, or other reclamation organization, said commission may proceed to such project and hold hearings, the proceedings of which shall be reduced to writing and filed with its reports. Said commission, after having made careful investigation and study of the financial, economic, and other conditions of the various United States and Indian reclamation projects and their probable present and future ability to meet such water-right charges, shall report to the Congress as soon as practicable, with its recommendations as to the best, most feasible, and practicable comprehensive permanent plan for such water-right payments with due consideration for the development and carrying on of the reclamation program of the United States, and having particularly in mind the probable ability of such water users, districts, associations, or other reclamation organizations to meet such water-right charges regularly and fully from year to year during periods of prosperity and good prices for agricultural products as well as during periods of decline in agricultural income and unsatisfactory conditions of agriculture. (50 Stat. 737)

Sec. 2. [Appropriation authorized.]-There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $30,000, which shall be available for expenditure, as the Secretary of the Interior may direct, for expenses and all necessary disbursements, including salaries, in carrying out the provisions of this Act. The commission is authorized to appoint and fix the compensation of such employees as may be necessary for carrying out its functions under this Act without regard to civil-service laws or the Classification Act of 1923, as amended. (50 Stat. 738)

Sec. 3. [Certification by commission of project inability to make payment, if

COMMISSION TO INVESTIGATE PROJECTS

581

approved, to act as extension of time for payment.]—If upon investigation the commission shall find that a project, because of partial crop failure due to a water shortage or other causes beyond the control of the water users, is unable to make full payment of the construction charges becoming due and payable for the calendar year 1937, without great hardship or undue burden, the commission is hereby authorized to certify that fact to the Secretary and such certification, if approved by said Secretary, shall operate to grant an extension of time for the payment of such proportion of the construction charges due for the calendar year 1937 as the commission considers just and equitable, the proportion of the charges so extended to be paid at such time as the Secretary may determine. (50 Stat. 738)

Sec. 4. [Provisions repealed.]-Sections 1 and 2 of the Act approved April 14, 1936 (Public, Numbered 519, Seventy-fourth Congress), are hereby repealed. (50 Stat. 738)

EXPLANATORY NOTES

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

Reference in the Text. The Act of April 14, 1936 (Public, Numbered 519, Seventyfourth Congress), referred to in section 4, appears herein in chronological order. The 1936 Act also authorized the creation of a Commission to investigate projects. Sections 1 and 2 of the Act were superseded by this Act.

Commission's Report. The Commission authorized to be appointed by this act submitted its report to the Congress in May 1938. The report was printed as House Document No. 673, 75th Congress, 3rd

Session.

Legislative History. S. 413, Public Law 331 in the 75th Congress. S. Rept. No. 172. H.R. Rept. No. 1440.

580

COMMISSION TO INVESTIGATE PROJECTS

An act to create a commission and to extend further relief to water users on United States reclamation projects and on Indian irrigation projects. (Act of August 21, 1937, ch. 725, 50 Stat. 737)

[Sec. 1. Commission to investigate projects-To make report to Congress.]— There is hereby created a commission to be composed of three members appointed by the Secretary of the Interior, all of whom shall have an intimate knowledge of irrigation farming, but who shall not be employees of the Bureau of Reclamation or the Bureau of Indian Affairs of the Department of the Interior, and shall have no financial interest in the matters coming under their jurisdiction. The commission is authorized and directed to investigate the financial, economic, and other conditions of the various United States and Indian reclamation projects, with particular reference to the ability of each such project to make payments of water-right charges without undue burden on the water users, district, association, or other reclamation organization liable for such charges. Such investigation shall include an examination and consideration of any statement filed with the commission, or the Department of the Interior, by any such district, association, or other reclamation organization, or the water users thereof, and, where deemed advisable by the commission and requested by such district, association, or other reclamation organization, said commission may proceed to such project and hold hearings, the proceedings of which shall be reduced to writing and filed with its reports. Said commission, after having made careful investigation and study of the financial, economic, and other conditions of the various United States and Indian reclamation projects and their probable present and future ability to meet such water-right charges, shall report to the Congress as soon as practicable, with its recommendations as to the best, most feasible, and practicable comprehensive permanent plan for such water-right payments with due consideration for the development and carrying on of the reclamation program of the United States, and having particularly in mind the probable ability of such water users, districts, associations, or other reclamation organizations to meet such water-right charges regularly and fully from year to year during periods of prosperity and good prices for agricultural products as well as during periods of decline in agricultural income and unsatisfactory conditions of agriculture. (50 Stat. 737)

Sec. 2. [Appropriation authorized.]-There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $30,000, which shall be available for expenditure, as the Secretary of the Interior may direct, for expenses and all necessary disbursements, including salaries, in carrying out the provisions of this Act. The commission is authorized to appoint and fix the compensation of such employees as may be necessary for carrying out its functions under this Act without regard to civil-service laws or the Classification Act of 1923, as amended. (50 Stat. 738)

Sec. 3. [Certification by commission of project inability to make payment, if

COMMISSION TO INVESTIGATE PROJECTS

581

approved, to act as extension of time for payment.]—If upon investigation the commission shall find that a project, because of partial crop failure due to a water shortage or other causes beyond the control of the water users, is unable to make full payment of the construction charges becoming due and payable for the calendar year 1937, without great hardship or undue burden, the commission is hereby authorized to certify that fact to the Secretary and such certification, if approved by said Secretary, shall operate to grant an extension of time for the payment of such proportion of the construction charges due for the calendar year 1937 as the commission considers just and equitable, the proportion of the charges so extended to be paid at such time as the Secretary may determine. (50 Stat. 738)

Sec. 4. [Provisions repealed.]-Sections 1 and 2 of the Act approved April 14, 1936 (Public, Numbered 519, Seventy-fourth Congress), are hereby repealed. (50 Stat. 738)

EXPLANATORY NOTES

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

Reference in the Text. The Act of April 14, 1936 (Public, Numbered 519, Seventyfourth Congress), referred to in section 4, appears herein in chronological order. The 1936 Act also authorized the creation of a Commission to investigate projects. Sections 1 and 2 of the Act were superseded by this Act.

Commission's Report. The Commission authorized to be appointed by this act submitted its report to the Congress in May 1938. The report was printed as House Document No. 673, 75th Congress, 3rd

Session.

Legislative History. S. 413, Public Law 331 in the 75th Congress. S. Rept. No. 172. H.R. Rept. No. 1440.

580

COMMISSION TO INVESTIGATE PROJECTS

An act to create a commission and to extend further relief to water users on United States reclamation projects and on Indian irrigation projects. (Act of August 21, 1937, ch. 725, 50 Stat. 737)

[Sec. 1. Commission to investigate projects-To make report to Congress.]— There is hereby created a commission to be composed of three members appointed by the Secretary of the Interior, all of whom shall have an intimate knowledge of irrigation farming, but who shall not be employees of the Bureau of Reclamation or the Bureau of Indian Affairs of the Department of the Interior, and shall have no financial interest in the matters coming under their jurisdiction. The commission is authorized and directed to investigate the financial, economic, and other conditions of the various United States and Indian reclamation projects, with particular reference to the ability of each such project to make payments of water-right charges without undue burden on the water users, district, association, or other reclamation organization liable for such charges. Such investigation shall include an examination and consideration of any statement filed with the commission, or the Department of the Interior, by any such district, association, or other reclamation organization, or the water users thereof, and, where deemed advisable by the commission and requested by such district, association, or other reclamation organization, said commission may proceed to such project and hold hearings, the proceedings of which shall be reduced to writing and filed with its reports. Said commission, after having made careful investigation and study of the financial, economic, and other conditions of the various United States and Indian reclamation projects and their probable present and future ability to meet such water-right charges, shall report to the Congress as soon as practicable, with its recommendations as to the best, most feasible, and practicable comprehensive permanent plan for such water-right payments with due consideration for the development and carrying on of the reclamation program of the United States, and having particularly in mind the probable ability of such water users, districts, associations, or other reclamation organizations to meet such water-right charges regularly and fully from year to year during periods of prosperity and good prices for agricultural products as well as during periods of decline in agricultural income and unsatisfactory conditions of agriculture. (50 Stat. 737)

Sec. 2. [Appropriation authorized.]—There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $30,000, which shall be available for expenditure, as the Secretary of the Interior may direct, for expenses and all necessary disbursements, including salaries, in carrying out the provisions of this Act. The commission is authorized to appoint and fix the compensation of such employees as may be necessary for carrying out its functions under this Act without regard to civil-service laws or the Classification Act of 1923, as amended. (50 Stat. 738)

Sec. 3. [Certification by commission of project inability to make payment, if

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