CERTAIN SETTLERS UNDER YUMA PROJECT GIVEN RIGHT TO

MAKE ENTRY

An act for the relief of certain settlers under reclamation projects. (Act August 17, 1916, ch. 349, 39 Stat. 516)

[Sec. 1. Certain settlers under Yuma project allowed to make farm-unit entry, credited with previous residence and improvements.]—That any person who has heretofore established residence upon and improved any tract of land within the irrigable area of the Yuma reclamation project in Arizona withdrawn from entry under the provisions of the reclamation law and acts supplementary thereto and amendatory thereof, and who shall have made valuable improvements upon such lands, and who has resided thereon in good faith for two years prior to the passage of this act, may make entry for the farm unit upon which his residence is established, and that such residence and improvements heretofore made shall be credited upon his final proof. 739 Stat. 516.)

Textual note. This act is codified as section 599, title 43, United States Code, with the following changes: The introductory word "That" is omitted; instead of the word "heretofore" there are inserted the words "prior to August 17, 1916"; the words "and acts supplementary thereto and amendatory thereof" are omitted; the words "prior to the passage of this act" read "prior to August 17, 1916"; and the word "that," in the third line from the bottom, is omitted.

204

COMPENSATION OF GOVERNMENT EMPLOYEES

[Extract from] An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes. (Act August 29, 1916, ch. 417, 39 Stat. 556)

[Government employees-Court leave-Double salaries prohibited.]— Section six of an act entitled "An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and seventeen, namely"; approved May tenth, nineteen hundred and sixteen, is hereby amended so as to read as follows:

"SEC. 6. That unless otherwise specially authorized by law, no money appropriated by this or any other act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Coast Guard, or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia: Provided, That no such retired officer or enlisted man shall be denied or deprived of any of his pay, salary, or compensation as such, or of any other salary or compensation for services heretofore rendered, by reason of any decision or construction of said section six." (39 Stat. 582.)

Textual note. The substance of the above provision is codified as sections 58 and 59, title 5, United States Code.

NOTES

Juror's fees.-Fees received as a juror do not come within the prohibitions of above act. (C. L. 1025, July 9, 1921.)

In a decision of the Court of Appeals of the District of Columbia, rendered December 1, 1924, it was held that an employee of the United States Government was not qualified to serve as a member of a Federal grand jury. (United States v. Griffith et al., 2 Fed. (2d) 925.)

Employee holding two positions.-There is no legal objection to the holding by an employee of the United States of two distinct and compatible positions, each with fixed compensation attached. thereto, pursuant to law or regulations, and prior to the appointment of the employee, provided the aggregate salaries do not exceed the rate of $2,000 per annum. (24 Comp. Dec. 132.)

It has been held that the holding of two positions is not authorized, even when the combined salaries do not exceed the rate of $2,000 per annum, unless the positions are in different departments or establishments and the salary of each is fixed by law or regulation. (Decision of Comptroller General, A-15186, October 28, 1926.)

An employee may not be paid the salary of two separate and distinct positions in the same department or establishment even though the combined salaries thereof do not exceed the rate of $2,000 per annum. (6 Comp. Gen. 435.)

In determining whether the combined amount of more than one salary received in more than one position under the Government exceeds the sum of

206

COMPENSATION OF GOVERNMENT EMPLOYEES

$2,000 per annum, the maximum authorized by the act of May 10, 1916, as amended by the act of August 29, 1916, the basis is the rate per annum of the combined salaries and not the aggregate amount actually received during a portion of the year, whether the measure of time for payment of salary under one or more positions is per annum, per diem, or per hour, it being necessary to determine in each instance the per annum rate equivalent to the rate based on a measure of time less than a year. (8 Comp. Gen. 261.)

See the note under act of February 28, 1929 (45 Stat. 1406), under the caption "Temporary employment by War Department of Reclamation Bureau consulting engineer prohibited."

Percentage increases of compensation attached to positions comprehended in the various acts authorizing same, while constituting an addition to the salaries to which attached, are not regarded as a part thereof, and consequently an employee holding two distinct positions, with aggregate compensation of $2,000, is entitled to the percentage increase on the salary of each. (24 Comp. Dec. 105.)

Retirement deductions.-The receipt by an employee of two salaries exceeding in the aggregate the annual rate of $2,000 is prohibited by the act of May 10, 1916, as amended by act of August 29, 1916, notwithstanding the employee may have been on a leave of absence from one of the positions, and the amount received under one of the two positions constitutes a proper charge against any amount due the employee by the United States and may be set off against any credits of the employee in the retirement fund. (4 Comp. Gen. 521.)

SALE OF TOWN-SITE LANDS AT NEWELL, S. DAK.

(Act

An act authorizing the Secretary of the Interior to sell the unsold and unappropriated portions of lands within the town site of Newell, S. Dak., and for other purposes. September 8, 1916, ch. 477, 39 Stat. 852)

[Sec. 1. Certain town-site lands in Newell, S. Dak., reserved for Belle Fourche project-Remaining lands to be appraised and sold.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to reserve and set apart such portions of the unsold and unappropriated lands within the town site of Newell, Butte County, South Dakota, as he deems necessary for administrative purposes in connection with the Belle Fourche irrigation project, and after subdividing the remaining portions of such lands into tracts that in his judgment would render the same most salable, and, appraising the reasonable value of each such tracts, sell the same, for not less than the appraised value, at public auction to the highest bidder, on such terms and under such rules and regulations as he may establish. (39 Stat. 852.)

Sec. 2. [$15,000 of proceeds to be special domestic water-supply fund for Newell Balance to reclamation fund.]-That of the proceeds of such sales, after deducting all expenses incurred in the subdivision, appraisement, and sale of said lands, an amount not exceeding $15,000 shall be covered into the Treasury of the United States in a special fund available only for expenditure by the Secretary of the Interior to provide or assist in providing the said town of Newell, Butte County, South Dakota, an adequate system of water supply for domestic purposes, under such terms and conditions as may be provided by the Secretary of the Interior, or for such other and further public improvements as the Secretary of the Interior and the municipal authorities of said town may agree upon. The net proceeds of such sale in excess of $15,000, if any there be, shall be covered into the Treasury of the United States and credited to the reclamation fund in accordance with existing law for the sale of town sites on reclamation projects. (39 Stat. 852.)

Sec. 3. [Authority to make rules and regulations.]-That the Secretary of the Interior is hereby authorized to make such rules and regulations as may be necessary for carrying into effect the provisions of this act. (39 Stat. 853.)

AUXILIARY RECLAMATION PROJECT AT YUMA

An act to provide for an auxiliary reclamation project in connection with the Yuma project, Arizona. (Act January 25, 1917, ch. 20, 39 Stat. 868)

[Sec. 1. Certain lands to be set apart and sold-Sale of water rightsLimitation as to works and water delivery-Determination of value and costs by Secretary of the Interior.]-That the Secretary of the Interior is hereby authorized to set apart any lands in the State of Arizona heretofore or hereafter withdrawn under the reclamation law, in connection with the Yuma reclamation project, as an auxiliary reclamation project or unit, and sell, in tracts of such size as he may determine of not more than one hundred and sixty acres to any one purchaser, the lands so set apart and believed to be susceptible of irrigation, at public sale under suitable regulations, for not less than the reasonable value per acre of the land plus the estimated cost per acre of reclamation works to be constructed for the reclamation of said lands so set apart plus the proportionate cost per acre of the works previously constructed and available therefor. That appurtenant water rights for lands in private ownership may be sold for not to exceed one hundred and sixty acres to any one person at a price equal to the estimated cost per acre of the works to be constructed plus the proportionate cost per acre of the works previously constructed and available for the lands, if any there be, payment to be made under the same terms as for public land under the provisions of section two. Final water-right certificate shall not be issued to such private land until payment has been made in full. No works shall be constructed nor water delivered through any of the works of the Yuma project for the irrigation of any such private lands unless application has been made to purchase a water right for such land under the terms and provisions of this section. The Secretary of the Interior, at or prior to the time of sale, shall fix and determine (a) the reasonable value of the land per acre; (b) the estimated cost per acre of the works to be constructed; and (c) the proportionate cost per acre of the works previously constructed and available for the lands offered for sale. (39 Stat. 868.)

NOTES

Cross reference.-Public resolution No. 51 of February 21, 1925 (43 Stat. 962). authorized an appropriation for operation and maintenance and completion of construction of the irrigation system of the Yuma auxiliary project.

Regulations.-See departmental public notice and regulations, October 3, 1919, providing for sale of lands in the first Mesa unit, December 10, 1919, fixing the reasonable value of the land at $25 per acre, the estimated cost of reclamation works hereafter to be constructed for the lands at $160 per irrigable acre, and the proportionate cost of reclamation works previously constructed for the Yuma project and available for said lands at $40 per irrigable

acre.

Transfer of water right.-There is no authority of law and no regulation under the Yuma auxiliary enactment authorizing the transfer to the United States of a patented tract of land located within the limits of the Yuma auxiliary project on condition that the purchase price of the reconveyed tract shall be applied upon the operation and maintenance charge of a tract of land held by the grantor (Henry P. Bockrath, 53 I. D. 617).

See notes following act of Feb. 11, 1918.