610 DEFER CHARGES OF GEM AND ONTARIO-NYSSA IRRIGATION DISTRICTS An act to provide for allowing to the Gem Irrigation District and Ontario-Nyssa Irrigation District of the Owyhee project, terms and payment dates for charges deferred under the Reclamation Moratorium Acts similar to those applicable to the deferred construction charges of other projects under said Acts, and for other purposes. (Act of June 15, 1938, ch. 440, 52 Stat. 703.) [Deferred charges payable at the end of the districts' construction charge payment period.]-That the charges of the Gem Irrigation District and of the Ontario-Nyssa Irrigation District, that were postponed under the Moratorium Acts of April 1, 1932 (47 Stat. 75), March 3, 1933 (47 Stat. 1427), March 27, 1934 (48 Stat. 500), and June 13, 1935 (49 Stat. 337), shall be payable at the end of the districts' construction charge payment period, subject to the same terms and conditions as applicable to the construction charges postponed under the said Moratorium Acts. (52 Stat. 703) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. References in the Text. Each of the Moratorium Acts referred to in the text appears herein in chronological order. Legislative History. H.R. 10488, Public Law 636 in the 75th Congress. H.R. Rept. No. 2516. 611 RELIEF FOR HOLDERS OF NOTES AND WARRANTS OF VERDE RIVER IRRIGATION AND POWER DISTRICT An act for the relief of the holders of the unpaid notes and warrants of the Verde River Irrigation and Power District, Arizona. (Act of June 15, 1938, ch. 453, 52 Stat. 703.) [Payment in settlement of notes and warrants authorized.]-The Federal Emergency Administrator of Public Works is hereby authorized to pay, in full settlement of all such claims against the United States, out of any unexpended fund under his control, not to exceed $46,024.41 in making settlements with the holders of the unpaid notes and warrants of the Verde River Irrigation and Power District issued in payment for property, services, or supplies furnished, in furtherance of the Verde reclamation project, Arizona, to the district during the period from November 2, 1933, when an allotment of $4,000,000 for the construction of the Verde project was authorized by the said Administrator, to October 3, 1934, when said allotment was canceled: Provided, That any expenditures of the district not incurred as a result of the proposed construction of said Verde reclamation project with funds of the Federal Emergency Administration of Public Works shall not be approved for payment under this Act: Provided further, That in making said settlements with the holders of said notes and warrants, the Administrator shall consider the reasonable value of the services performed or materials furnished, for which said notes or warrants were given, and where said notes or warrants have been transferred by the original holders, the Administrator shall also consider the price or prices paid by the transferees. (52 Stat. 703) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Payment of Claims. The Secretary on January 23, 1939, approved the appointment of a special examining board to examine the claims and determine the amounts to be paid on each claim. The board's report of April 29, 1939, was approved by the Federal Emergency Administrator of Public Works on June 30, 1939. Allotment of funds was made by the Federal Works Agency August 2, 1939. All warrants have now been paid. Legislative History. S. 3002, Public Law 637 in the 75th Congress. S. Rept. No. 1391. H.R. Rept. No. 2291. 612 EXCESS LANDS, COLORADO-BIG THOMPSON PROJECT An act providing that excess-land provisions of Federal reclamation laws shall not apply to certain lands that will receive a supplemental water supply from the Colorado-Big Thompson project. (Act of June 16, 1938, ch. 485, 52 Stat. 764.) [Excess land laws waived.]-The excess-land provisions of the Federal reclamation laws shall not be applicable to lands which now have an irrigation water supply from sources other than a Federal reclamation project and which will receive a supplemental supply from the Colorado-Big Thompson project. (52 Stat. 764; 43 U.S.C. § 386) EXPLANATORY NOTES Authorization. The Colorado-Big Thompson project was authorized by a finding of feasibility by the Secretary of the Interior, approved by the President on December 21, 1937, pursuant to section 4 of the Act of June 25, 1910, and subsection B of section 4 of the Act of December 5, 1924 (Fact Finders' Act). Both the 1910 and 1924 Acts appear herein in chronological order. Legislative History. S. 4027, passed in lieu of H.R. 10713, Public Law 665 in the 75th Congress. H.R. Rept. No. 2620 (on H.R. 10713). S. Rept. No. 1921 (on S. 4027). 613 SALE OF SURPLUS POWER, UNCOMPAHGRE VALLEY PROJECT An act to authorize the sale of surplus power developed under the Uncompahgre Valley reclamation project, Colorado. (Act of June 22, 1938, ch. 577, 52 Stat. 941) [Sale or development of surplus power authorized.]—Whenever a development of power is necessary for the irrigation of lands under the Uncompahgre Valley reclamation project, Colorado, or an opportunity is afforded for the development of power under said project, the Secretary of the Interior is authorized to enter into a contract for a period not exceeding forty years for the sale or development of any surplus power. The provisions of such contract shall be such as the said Secretary may deem to be equitable: Provided, That no such contract shall be made without the approval of the Uncompahgre Valley Water Users' Association, which, prior to any development of power on said project, shall be required to contract with the United States to repay the cost thereof, on such terms and conditions and with such provisions for the disposal of the annual net power profits as the said Secretary may deem to be equitable, and with or without interest on the construction cost as the said Secretary may determine: And provided further, That if the said association is not required to pay interest on the construction cost of the power plant and power system, the net earnings of the power plant and system, after the association shall have paid the full cost thereof, and its project construction charge indebtedness to the United States shall be payable into the reclamation fund, unless Congress shall hereafter otherwise direct. (52 Stat. 941) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. H.R. 7764. Public Law 698 in the 75th Congress. H.R. Rept. 614 FLOOD CONTROL ACT OF 1938 [Extracts from] An act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes. (Act of June 28, 1938, ch. 795, 52 Stat. 1215) [Sec. 1. Jurisdiction of Secretary of the Army.]-Hereafter, Federal investigations and improvements of rivers and other waterways for flood control and allied purposes shall be under the jurisdiction of and shall be prosecuted by the War Department under the direction of the Secretary of War and supervision of the Chief of Engineers. (52 Stat. 1215; Act of August 18, 1941, 55 Stat. 638; Act of August 4, 1954, 68 Stat. 668; 33 U.S.C. § 701b) EXPLANATORY NOTE 1954 Amendment. Section 7 of the Act of August 4, 1954, the Watershed Protection and Flood Prevention Act, repealed the authority formerly contained in this section and section 2 of the Flood Control Act of June 22, 1936, of the Secretary of Agriculture over Federal investigations of watersheds and measures for run-off and water flow retardation and soil erosion prevention on watersheds. However, similar authority contained in section 2 of the Flood Control Act of 1944 was preserved, as well as emergency authority provided in section 7 of the Flood Control Act of 1938, 52 Stat. 1215, as amended by section 216 of the Act of May 17, 1950, 64 Stat. 163. Moreover, the 1954 Act and other Acts provide general authority for the Secretary of Agriculture with respect to these matters. The 1954 Act and extracts from the 1936 and 1944 Acts appear herein in chronological order. Sec. 2. [Acquisition by the United States of title to land, easements and rights-of-way.]-Section 3 of the Act of June 22, 1936 (Public, Numbered 738, Seventy-fourth Congress), as heretofore amended and as herein further modified, shall apply to all flood control projects, except as otherwise specifically provided by law. That in case of any dam and reservoir project, or channel improvement or channel rectification project for flood control, herein authorized or heretofore authorized by the Act of June 22, 1936 (Public, Numbered 738, Seventy-fourth Congress), as amended, and by the Act of May 15, 1928 (Public, Numbered 391. Seventieth Congress) as amended by the Act of June 15, 1936 (Public, Numbered 678, Seventy-fourth Congress), as amended, title to all lands, easements, and rights-of-way for such project shall be acquired by the United States or by States, political subdivisions thereof or other responsible local agencies and conveyed to the United States, and provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936, shall not apply thereto. Notwithstanding any restrictions, limitations, or requirement of prior consent provided by any other Act, the Secretary of War is hereby authorized and directed to acquire in the name of the United States title to all lands, easements, and rights-of-way necessary for any dam and reservoir project or channel improvement or channel rectification project for flood control, with funds heretofore or hereafter appropriated or made available for such projects, and States, political subdivisions thereof, or other responsible local agencies, shall be granted and reimbursed, from such funds, sums equivalent to actual expenditures deemed reasonable by the Secretary of |