APPROPRIATIONS FOR BAKER PROJECT, OREGON

(Extract from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1923, and for other purposes. (Act May 24, 1922, ch. 199, 42 Stat. 552)

[Appropriation for Baker project.]-Baker project, Oregon: For investigation, commencement of construction, and incidental operations, $400,000. (42 Stat. 585.)

NOTES

Similar language regarding the Baker project was carried in the appropriation act of January 24, 1923 (42 Stat. 1174, 1207), the amount appropriated being $500,000.

By act of June 5, 1924 (43 Stat. 390, 418), the unexpended balance of the above appropriation was reappropriated and made available for the fiscal year 1925.

Also by act of March 3, 1925 (43 Stat. 1141, 1168), the unexpended balance of the appropriation for the fiscal year 1925 was reappropriated and made available for the fiscal year 1926.

By act of May 10, 1926 (44 Stat. 453, 483), the unexpended balance of the appropriation for the fiscal year 1926 was reappropriated and made available for the fiscal year 1927.

For conditions attached to this appropriation see act of May 10, 1926. (44 Stat. 453, 479.) See also notes under this act.

The act of January 12, 1927 (44 Stat. 959), appropriated $450,000 "For commencement of construction," Baker project, Oregon.

The act of March 7, 1928 (45 Stat. 229), reappropriated the unexpended balance of the appropriation for this project for the fiscal year 1928, and made it available for the same purpose for the fiscal year 1929.

The act of March 4, 1929 (45 Stat. 1591), reappropriated the unexpended balance of the appropriation for this project for the fiscal year 1929, and made it available for the same purpose for the fiscal year 1930.

The act of May 14, 1930 (46 Stat. 307), reappropriated the unexpended balance of the appropriation for this project for the fiscal year 1930, and made it available for the same purpose for the fiscal year 1931.

The act of February 14, 1931 (46 Stat. 1144), reappropriated $250,000 of the unexpended balance of the appropriation for the Baker project for the fiscal year 1931, and made this available for the fiscal year 1932, for the construction of Thief Valley Reservoir, on the condition that contracts for the sale of rights of way to the Government be executed prior to September 1, 1931.

Finding of feasibility approved.-Under date of March 18, 1931, the President approved the findings of feasibility for the Baker project under section 1 of the act of June 25, 1910 (36 Stat. 835).

Secretary not required to expend appropriation for new project.—In opinion of Solicitor for Interior Department dated July 20, 1925, and opinion of Attorney General dated September 17, 1925 (34 Op. Atty. Gen. 545), it was held that the Secretary is not mandatorily required to enter upon the construction of a project that is shown by investigation not to be feasible. Opinion of Solicitor for Interior Department of June 11, 1926, was to same effect.

The Secretary of the Interior need not proceed with construction of the Baker or other irrigation project if existing conditions are not such as will enable him to enter into contract contemplated by statute appropriating funds for such projects. (35 Op. Atty. Gen. 125.)

SALE OF ELECTRIC POWER ON SALT RIVER PROJECT

An act authorizing the sale of surplus power developed under the Salt River reclamation project, Arizona. (Act September 18, 1922, ch. 323, 42 Stat. 847)

[Contracts authorized for sale of power-Must not exceed 50 yearsMoney derived to be placed to credit of Salt River project.]-That whenever a development of power is necessary for the irrigation of lands under the Salt River reclamation project, Arizona, or an opportunity is afforded for the development of power under said project, the Secretary of the Interior is authorized, giving preference to municipal purposes, to enter into contracts for a period not exceeding fifty years for the sale of any surplus power so developed, and the money derived from such sales shall be placed to the credit of said project for disposal as provided in the contract between the United States of America and the Salt River Valley Users' Association, approved September 6, 1917: Provided, That no contract shall be made for the sale of such surplus power which will impair the efficiency of said project: Provided, however, That no such contract shall be made without the approval of the legally organized water users' association or irrigation district which has contracted with the United States to repay the cost of said project: Provided further, That the charge for power may be readjusted at the end of five, ten, or twenty year periods after the beginning of any contract for the sale of power in a manner to be described in the contract. (42 Stat. 847.)

Textual note.-This act is codified as section 598, title 43, United States Code, the introductory word "That" being omitted.

270

IRRIGATION INVESTIGATION IN NEBRASKA

Joint resolution providing for an additional investigation of the tricounty irrigation project. Nebraska. (S. J. Res. 215, September 22, 1922, ch. 430, 42 Stat. 1057) [Investigation of tricounty project-Advance funds necessary.]-That the Secretary of the Interior, upon the payment to him in advance of the necessary funds to defray the expenses thereof, be, and he is hereby, authorized to make an additional investigation of the tricounty project in Nebraska, comprising the counties of Gosper, Phelps, and Kearney, in said State, and to extend said investigation into Adams County, Nebraska, with a view of ascertaining whether it is practicable to convey for irrigation purposes flood waters from the Platte River onto lands in said counties. (42 Stat. 1057.)

NOTE

Cross reference.-See Senate Resolution No. 251, June 7, 1924, extending above joint resolution.

271

SETTLEMENT OF CLAIMS AGAINST GOVERNMENT

An act to provide a method for the settlement of claims arising against the Government of the United States in sums not exceeding $1,000 in any one case. (Act December 28, 1922, ch. 17, 42 Stat. 1066)

[Sec. 1. Terms construed.]-That when used in this act the terms "department and establishment" and "department or establishment” mean any executive department or other independent establishment of the Government; the word "employee" shall include enlisted men in the Army, Navy, and Marine Corps. (42 Stat. 1066.)

Textual note.-This section is codified as section 216. title 31, United States Code, the introductory word "That being omitted, and the words "this act" being changed to "section 215 of this title."

Sec. 2. [Claims to be adjusted by department head-Time limit.]That authority is hereby conferred upon the head of each department and establishment acting on behalf of the Government of the United States to consider, ascertain, adjust, and determine any claim accruing after April 6, 1917, on account of damages to or loss of privately owned property where the amount of the claim does not exceed $1,000, caused by the negligence of any officer or employee of the Government acting within the scope of his employment. Such amount as may be found to be due to any claimant shall be certified to Congress as a legal claim for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of each claim, the amount claimed, and the amount allowed: Provided, That no claim shall be considered by a department or other independent establishment unless presented to it within one year from the date of the accrual of said claim. (42 Stat. 1066.)

Textual note.-The substance of this section is codified as section 215, title 31, United States Code.

Sec. 3. [Acceptance deemed settlement in full.]—That acceptance by any claimant of the amount determined under the provisions of this act shall be deemed to be in full settlement of such claims against the Government of the United States. (42 Stat. 1066.)

Textual note.-Codified as section 217, title 31, United States Code, the first word"That" being omitted, and "this act" changed to "sections 215 and 216 of this title."

Sec. 4. [Conflicting laws repealed.]-That any and all acts in conflict. with the provisions of this act are hereby repealed. (42 Stat. 1066.)

NOTES

Cross reference. For appropriations made to authorize payments under this act see act of April 2, 1924 (43 Stat. 33, 43).

John T. Morrow made claim for damages from a break in the west main canal of the valley division, Yuma project. On appeal the Assistant Secretary he'd that the Government employees were negligent in failing to keep clear of weeds, overgrowth, and gophers, that section of the canal where the break occurred, and awarded damages under the act of December 28, 1922. (Decision of Assistant Secretary of the Interior, August 30, 1934.)

SPECIAL PROVISIONS OF INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1924

[Extract from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1924, and for other purposes. (Act January 24, 1923, ch. 42, 42 Stat. 1174)

RECLAMATION SERVICE

[Repayment of construction cost.]-Milk River project, Montana: For operation and maintenance, continuation of construction, and incidental operations, $140,000: Provided, That repayment of the construction cost of the project may be made through a division by the Secretary of the Interior of such cost into a primary construction charge and a supplemental construction charge, of approximate equality, the former payable according to section 2 and the latter payable according to section 4 of the extension act of August 13, 1914 (Thirty-eighth Statutes at Large, page 686); (42 Stat. 1206).

[Authority to purchase, condemn, exchange, and convey lands-American Falls town site.]-Minidoka project, Idaho: For operation and maintenance, continuation of construction, and incidental operations, with authority in connection with the construction of American Falls reservoir, to purchase or condemn and to improve suitable land for a new town site to replace the portion of the town of American Falls which will be flooded by the reservoir, and to provide for the removal of buildings to such new site and to plat and to provide for appraisal of lots in such new town site and to exchange and convey such lots in full or part payment of property to be flooded by the reservoir and to sell for not less than the appraised valuation any lots not used for such exchange, $665,000.