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SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT

FOR 1921

[Extracts from) An act making appropriations for sundry civil expenses of the Govern.

ment for the fiscal year ending June 30, 1921, and for other purposes. (Act June 5, 1920, ch. 235, 41 Stat. 874.)

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[Refunds for overcollections Law books, books of reference, etc.]-The following sums are appropriated out of

“the reclamation fund":

refunds for overcollections heretofore or hereafter received on account of water-right charges, rentals, and deposits for other purposes; printing and binding; law books, books of reference, periodicals, engineering and statistical publications, not exceeding $1,500. (41 Stat. 913.)

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NOTES

Substantially the same language as the above is carried in the following appropriation acts: Act of March 4, 1921 (41 Stat. 1367); act of May 24, 1922 (42 Stat. 584); act of January 24, 1923 (42 Stat. 1205); act of June 5, 1924 (43 Stat. 390); act of December 5, 1924 (43 Stat, 672); act of March 3, 1925 (43 Stat. 1141); act of May 10, 1926 (44 Stat. 453); except that (1) beginning with the act of March 4, 1921 (41 Stat. 1367), the words "heretofore or” after the words “refunds for overcollections" are omitted; (2) in the last four acts the words "law books, books of reference, periodicals, engineering, and statistical publications, not exceeding $ (a different amount is stated in each act) following the words "printing and binding", are omitted. In subsequent appropriation acts the provision regarding refunds reads: "refunds of overcollections and deposits for other purposes.” In this connection see act of March 3, 1925 (43 Stat. 1141), supra, providing for a common library for the joint use of the several offices and bureaus of the Interior Department.

Authority to refund overcollections made prior to date of enactment of act.The provision in the appropriation act of June 5, 1920 (41 Stat. 913), for the refund of "overcollections heretofore or hereafter received on account of water-right charges, rentals, and deposits for other purposes”, is authority for the Reclamation Service (Bureau of Reclamation) to refund such overcollections made prior to the date of its enactment and the subsequent annual enactments of such proviso, although omittting the word “heretofore”, may be taken as authority for the refund of such overcollections at least to the date of next enactment. (5 Comp. Gen. 15; C. L. 1440, July 18, 1925.)

For instructions regarding refunds for overcollections, and automobile hire on mileage basis, see C. L. 899, June 11, 1920.

[Approval of Riverton project—Provision for fixing charges for reimbursement.]-Riverton project, Wyoming: For the reclamation of lands within and in the vicinity of the ceded portion of the Wind River or Shoshone Reservation, including operation and maintenance, continuation of construction, and incidental operations, $100,000: Provided, That said land shall be subject to all the charges, terms,

248 SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT, 1921

conditions, provisions, and limitations of the reclamation act and acts amendatory thereof or supplementary thereto, and suitable provision shall be made by the Secretary of the Interior in fixing the charges to provide for reimbursement of the entire expenditure in accordance with the reclamation law and other laws applicable to said lands. (41 Stat. 915.)

Textual note.—The substance of this provision is codified as the first paragraph of section 597, title 43, United States Code. The second paragraph of said section 597 is taken from the act of March 4, 1921 (41 Stat. 1404).

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The Riverton project was started as an Indian project pursuant to the Indian appropriation act of March 2, 1917 (39 Stat. 969), and by the above act was placed under the jurisdiction of the Reclamation Service (Bureau of Reclamation).

[Motor-driven vehicles.]—Whenever, during the fiscal year ending June 30, 1921, the Director of the Reclamation Service shall find that the expenses of travel can be reduced thereby, he may, in lieu of actual traveling expenses, under such regulations as he may prescribe, authorize the payment of not to exceed 3 cents per mile for a motorcycle or 7 cents per mile for an automobile, used for necessary travel on official business. (41 Stat. 915.)

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An identical provision is carried in the following appropriation acts: Act of March 4, 1921 (41 Stat. 1367); act of May 24, 1922 (42 Stat. 584); act of January 24, 1923 (42 Stat. 1174).

In subsequent appropriation acts the language regarding automobiles reads as follows:

"Whenever, during the fiscal year ending June 30, - the Commissioner of the Bureau of Reclamation shall find that the expenses of travel, including the local transportation of employees to and from their homes to the places where they are engaged on construction or operation and maintenance work, can be reduced thereby, he may authorize the payment of not to exceed 3 cents per mile for a motorcycle or 7 cents per mile for an automobile used for necessary official business."

See the act of February 14, 1931 (46 Stat. 1103), a general act entitled "An act to permit payments for the operation of motorcycles and automobiles used for necessary travel on official business, on a mileage basis, in lieu of actual operating expenses”, amended by section 9, title II, act of March 3, 1933, ch. 212, 47 Stat. 1516.

References.-Manual, page 162.

C. L. 1291, March 8, 1924, regarding credit for payment of mileage for personally owned automobiles permitted under specific legislative authority.

REMOVAL OF GARDEN CITY PROJECT LIENS

An act for the relief of the Garden City (Kansas) Water Users' Association, and for other

purposes. (Act June 5, 1920, ch. 257, 41 Stat. 1054.)

(Contracts for water canceled—Liens released.]—That the contracts affecting lands in the Garden City project of the Reclamation Service in Finney County, Kansas, heretofore entered into 'between the Finney County Water Users' Association of Finney County, Kansas, or with individual landowners, and the Secretary of the Interior for the supply and use of water from the irrigation plant of the United States be, and the same are hereby, canceled and relieved; and the liens upon the lands in said county created by such contracts are hereby released and discharged. (41 Stat. 1054.)

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88508—37-17

FEDERAL WATER POWER ACT

[Extracts from] An act to create a Federal Power Commission; to provide for the im.

provement of navigation; the development of water power; the use of the public lands in relation thereto, and to repeal section 18 of the river and harbor appropriation act, approved August 8, 1917, and for other purposes. (Act of June 10, 1920, ch. 285, 41 Stat. 1063)

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Sec. 4. [Cooperation with Federal or State agencies in investigations.]That the commission is hereby authorized and empowered

(b) To cooperate with the executive departments and other agencies of State or National Governments in such investigations; and for such purpose the several departments and agencies of the National Government are authorized and directed upon the request of the commission to furnish such records, papers, and information in their possession as may be requested by the commission, and temporarily to detail to the commission such officers or experts as may be necessary in such investigations. (41 Stat. 1065.) Textual note.—The above provision is codified as a part of section 717, title 16, United

States Code.

NOTE

Regulations.-See C. L. 1060, December 5, 1921, outlining instructions regarding reports on field investigations in connection with the administration of section 4 of the Federal Water Power Act.

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Sec. 17. Fifty per centum of charges from licenses for use of public lands, etc., appropriated as part of reclamation fund. ]—That all proceeds from any Indian reservation shall be placed to the credit of the Indians of such reservation. All other charges arising from licenses hereunder shall be paid into the Treasury of the United States, subject to the following distribution: Twelve and one-half per centum thereof is hereby appropriated to be paid into the Treasury of the United States and credited to "Miscellaneous receipts”; 50 per centum of the charges arising from licenses hereunder for the occupancy and use of public lands, national monuments, national forests, and national parks shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the act of Congress known as the Reclamation Act, approved June 17, 1902; and 371/2 per centum of the charges arising from licenses hereunder for the occupancy and use of national forests, national parks, public lands, and national monuments, from development within the boundaries of any State shall be paid by the Secretary of the Treasury to such State; and 50 per centum of the charges arising from all other licenses hereunder is hereby reserved and appropriated as a

FEDERAL WATER POWER ACT

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special fund in the Treasury to be expended under the direction of the Secretary of War in the maintenance and operation of dams and other navigation structures owned by the United States or in the construction, maintenance, or operation of headwater or other improvements of navigable waters of the United States. (41 Stat. 1072.)

Textual note.--The substance of the above section is codified as section 810, title 16, United States Code.

Increase of return to reclamation fund.—Under former interpretation of the law governing allocations, distribution of 3712 and 50 per cent, respectively, has applied only to the occupancy charges of licenses involving the use of public lands and national forests. The effect of Comptroller General's Decision, A-29747, February 3, 1930, is to include also the administrative charges in such distribution. This will considerably increase the return to the reclamation fund. A supplementary decision, A-29747, was issued by the Comptroller General on May 7, 1930.

FEDERAL WATER POWER ACT IN GENERAL

The act of Congress of March 4, 1911, 36 Stat. 1253, regarding transmission line easements over public lands, national forests, and reservations has not been superseded, so far as Federal reclamation project transmission lines are concerned, by the Federal Water Power Act of June 10, 1920, 41 Stat. 1063 (decision of Assistant Secretary, Apr. 25, 1933, A-17072).

The Federal Power Act of August 26, 1935, amended secs. 4 and 17 of the Federal Water Power Act of August 8, 1917, as amended June 10, 1920, 41 Stat. 1063.

Title II of the Utility Holding Company Act of August 26, 1935, amends sections 4 and 17 of this act.

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