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182

RECLAMATION EXTENSION ACT

Amount

$25,000.00

SECONDARY PROJECTS_continued
Act
Apr. 22, 1932, 47 Stat. 117--

(Unexpended balances. Cooperative and general investi

gations, including investigations to determine economic

conditions and financial feasibility of new projects, etc.) Feb. 17, 1933, 47 Stat. 844..

(Unexpended balances. Cooperative and general investi

gations, including investigations to determine economic

conditions and financial feasibility of projects, etc.). Mar. 4, 1933, 47 Stat. 1609_

(Cooperative and general investigations.) Mar. 2, 1934, 48 Stat. 362_

(Not to exceed $50,000 of the unexpended balance. Other

agencies to contribute 50 percent.)
Apr. 8, 1935, Emergency Relief allocation..
May 9, 1935, Unexpended balance of appropriation for 1935..
June 22, 1936_-.

(Unexpended balance. Cooperative and general investiga

tions, including investigations necessary to determine eco-
nomic conditions and financial feasibility of projects,
etc.)

COLORADO RIVER FRONT PROTECTION WORK

250,000.00

100,000.00

35,000.00 637, 336.00

50,000.00

35,000.00

Mar. 3, 1915, 38 Stat. 861..

(Available when like amount paid by Imperial Valley Irri

gation District.) May 10, 1926, 44 Stat. 485.. July 3, 1926, 44 Stat. 857

(From general Treasury.) July 3, 1926, 44 Stat. 857-

(From general Treasury.) Jan. 12, 1927, 44 Stat. 961.

(Or so much as necessary, to be transferred to reclamation

fund.)
Mar. 7, 1928, 45 Stat. 231.
May 29, 1928, 45 Stat. 903_

(With proviso.)
Mar. 4, 1929, 45 Stat. 1593
May 14, 1930, 46 Stat. 310_.
Feb. 14, 1931, 46 Stat. 1146_
Apr. 22, 1932, 47 Stat. 118

(Unexpended balances) Feb. 17, 1933, 47 Stat. 845_-

(And unexpended balance.) Mar. 2, 1934, 48 Stat. 362_

(Unexpended balance of the appropriation for 1934.) May 9, 1935, 49 Stat. 200_

(Unexpended balance of the appropriation for 1935.) June 26, 1936_--

(Unexpended balance of appropriation for 1936.)

100,000.00 72, 640.00

100,000.00 100,000.00 100,000.00

48,000.00

50,000.00 RESERVATIONS FOR PARKS AND COMMUNITY CENTERS

OPERATION AND MAINTENANCE ADMINISTRATION

June 22, 1936_

75,000.00

An act to authorize the reservation of public lands for country parks and community centers within reclamation projects, and for other purposes. (Act October 5, 1914, ch. 316, 38 Stat. 727)

[Sec. 1. Lands in reclamation projects reserved for country parks, public playgrounds, and community centers. ]—That the Secretary of the Interior be, and he is hereby, authorized to withdraw from other disposition and reserve for country parks, public playgrounds, and community centers for the use of the residents upon the lands such tracts as he may deem advisable not exceeding twenty acres in any one township in each reclamation project or the several units of such reclamation projects undertaken under the act of June seventeenth, nineteen hundred and two, known as the reclamation act. (38 Stat. 727.)

Textual note.—The four sections of this act are codified, in substance, as section 569, title 43, United States Code.

NOTES

Cross reference.-See note under section 1, act of April 16, 1906 (34 Stat. 116). The act of July 3, 1926 (44 Stat. 890), extends the application of this act.

Regulations. For General Land Office Regulations regarding recreational sites see 52 L. D. 135-138.

Sec. 2. [Free water supply–Reservations to be used in perpetuity.]That subject to the provisions hereinafter contained every such tract of land so set apart shall be supplied with water from the Government irrigation system, the cost thereof to be charged to the remaining lands of the project as a part of the construction charge of such project, and shall be maintained and used in perpetuity by the people upon said reclaimed lands for a pleasure park, public playground, and community center. (38 Stat. 727.) Textual note.-See textual note under section 1 of this act.

Sec. 3. [Contracts with irrigation organizations to maintain lands so reserved for purposes prescribed—Reversion.]—That for the purpose of (arrying out and effecting the objects of this act the Secretary of the Interior is authorized to enter into a contract with the organization formed by the owners of the lands irrigated within said project or project unit pursuant to section six of the act of June seventeenth, nineteen hundred and two, stipulating and providing that the organization will maintain and use such of the lands so reserved for the purposes prescribed in this act as such organization may desire, and

upon failure to so maintain and use such lands, or in the event that same shall be permitted to be used or occupied for other purposes than those stipulated in this act, the control of the lands shall revert to the United States. (38 Stat. 728.) Textual note.--See textual note under section 1 of this act.

that

184 RESERVATIONS FOR PARKS AND COMMUNITY CENTERS

NOTES

Regulations.-For instructions and form of community center water-service contract see C. L. 515, August 19, 1915.

Sec. 4. [Disposal of lands not taken within 10 years—Proceeds covered into reclamation fund.]—That any of such lands not contracted for in accordance with the provisions of section three of this act within ten years from the time water is available for the same, or sooner, if the Secretary of the Interior may deem it desirable, shall be disposed of in accordance with the public-land laws applicable thereto, and the proceeds from the disposition of lands reverting to the United States under the provisions of this act, and from sales of water rights, shall be covered into the reclamation fund and placed to the credit of the project wherein the lands are situate. (38 Stat. 728.)

Textual note.-See textual note under section 1 of this act.

SPECIAL PROVISIONS OF ACT ESTABLISHING THE ROCKY MOUN

TAIN NATIONAL PARK

Extract from ] An act to establish the Rocky Mountain National Park in the State of

Colorado, and for other purposes. (Act of Jan, 26, 1915, 38 Stat. 798).

事 &

Provided, That the United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project.

NOTES

See Solicitor's opinion, July 19, 1935, in notes following act of March 3, 1921, holding this act was not repealed or rescinded by act of March 3, 1921, requiring consent of Congress for construction in national parks or national monuments.

Congress has recognized the distinction between a reclamation project and a power project, and there is no indication that it intended by the Federal Water Power Act (June 10, 1920, amended Mar. 3, 1921) to transfer to the Federal Power Commission the administration of the development and maintenance of a Government reclamation project in the Rocky Mountain National Park. If the proposed Grand Lake-Big Thompson transmountain diversion project is in fact a “Federal irrigation project authorized by the reclamation law", the Bureau of Reclamation is authorized by the act of January 26, 1915, to enter upon and utilize any area within the Rocky Mountain National Park which may be necessary for the development and maintenance of this project. (Opinion of Acting Attorney General, Oct. 7, 1935.)

185

8850837-13

SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT

FOR 1916

(Extract from) An act making appropriations for sundry civil expenses of the Goverament for the fiscal year ending June 30, 1916, and for other purposes. (Act March 3, 1915, ch. 75, 38 Stat. 822)

[Purchase of passenger-carrying vehicles Compromise of damages by Secretary.]-(Appropriations are made from the reclamation fund for)

purchase, maintenance, and operation of horsedrawn or motor-propelled passenger-carrying vehicles; payment of damages caused to the owners of lands or private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and the Secretary of the Interior, (38 Stat. 859.)

NOTES Provisions similar to the above are now carried regularly in the annual appropriation acts.

The above language, in reference to damages, viz, “payment of damages caused to the owners of lands or private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and the Secretary of the Interior,” occurs in various appropriation acts subsequent to March 3, 1915, as follows: Act July 1, 1916 (39 Stat. 304); act June 12, 1917 (40 Stat. 147); act of July 1, 1918 (40 Stat. 673); act of July 19, 1919 (41 Stat. 200); act June 5, 1920 (41 Stat. 913); act March 4, 1921 (41 Stat. 1402); act May 24, 1922 (42 Stat. 584); act January 24, 1923 (42 Stat. 1206); act June 5, 1924 (43 Stat. 416); act March 3, 1925 (43 Stat. 1166); act May 10, 1926 (44 Stat. 453); act January 12, 1927 (44 Stat. 934); act March 7, 1928 (45 Stat. 200); act March 4, 1929 (45 Stat. 1562) ; act May 14, 1930 (46 Stat. 306); act February 14, 1931 (46 Stat. 1142); except that in the six last-named acts the word "other" is inserted between the words "or" and "private," making the first part of the clause read: "Payment of damages caused to the owners of lands or other private property of any kind,” etc. The six last-named acts also amend previous legislation by providing that such claims may be compromised "by agreement between the claimant and the Secretary of the Interior, or such officers as he may designate."

Liquidation of damages by executive officer.—Where damage to lands arises in connection with construction, operation, or maintenance of a reclamation proj. ect and is caused neither by negligence nor by accident, the Secretary of the Interior now and always has had under section 10 of the reclamation act the power to liquidate the damages, as declared by Congress in this appropriation act. The latter act is a legislative construction of the reclamation act. The damages in question must be due to acts by direction of competent authority. (In re Scott, Shoshone project, Comp. Dec., June 15, 1915.)

Reclamation Service (Bureau of Reclamation) was given authority to approve compromise agreements for damages by departmental decision July 29, 1915.

The fact that the negligence of an officer, agent, or employee of the Government contributed to the injury of the property does not invalidate a claim for damages provided such negligence relates to the performance of the duty of the officer, agent, or employee, as distinguished from an act of wantonness or carelessness committed in a purely personal capacity. (21 Comp. Dec. 255.)

The Government is not liable for damages to private property caused by the prosecution of public work, as, for example, blasting for excavation purposes

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