Gambar halaman
PDF
ePub

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 [Conflicting laws repealed. ]--That any and all acts in conflict with the provisions of this act are hereby repealed.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)

[ocr errors][merged small][merged small]

[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.

DRAINAGE ON THE NEWLANDS PROJECT

An act authorizing an appropriation to meet proportionate expenses of providing a drain

age system for Piute Indian lands in the State of Nevada within the Newlands reclamation project of the Reclamation Service. (Act February 14, 1923, ch. 77, 42 Stat. 1246)

[Drainage of lands of Piute Indians—Reimbursement.]—That there is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, the sum of $41,077.05, payable in 20 annual installments of $2,100 each, except the last, which shall be the amount remaining unpaid, for the purpose of meeting the proportionate expense of providing a drainage system for 4,047 acres of Piute Indian lands in the State of Nevada within the Newlands project of the Reclamation Service.

The money herein authorized to be appropriated shall be reimbursed in accordance with the provisions of law applicable to said Indian lands. (42 Stat. 1246.)

NOTES

Amendment.-Act of June 7, 1924 (43 Stat. 595), amends this act by increasing the annual appropriation from $2,100 to $2,500.

Act of June 26, 1926 (44 Stat. 771), authorizes the cancellation and remittance of construction assessments against allotted Piute Indian lands irrigated under the Newlands project and the reimbursement of the Truckee-Carson irrigation district for certain expenditures for the operation and maintenance of drains for said lands.

274

COLUMBIA RIVER INVESTIGATIONS

An act authorizing the Secretary of the Interior to investigate the feasibility of reclama

tion projects on the Columbia River and various other irrigation projects. (Act February 21, 1923, ch, 101, 42 Stat. 1281)

(Investigations for projects on Columbia River-Other projects.]—That the following sums are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be immediately available for expenditure by the Secretary of the Interior, namely:

For investigations of the feasibility of irrigation by gravity or pumping, water sources, water storage, and related problems on the Columbia River and its tributaries, including the Columbia Basin project, $100,000; the Umatilla Rapids project, $50,000; in all, $150,000.

For cooperative and miscellaneous investigations of the feasibility of reclamation projects, $125,000 annually. (42 Stat. 1281.)

NOTES

Cross references.-The act of March 4, 1923 (42 Stat. 1527, 1510), made appropriations for the above-mentioned projects, to be available until December 31, 1924.

Joint resolution of December 22, 1924 (43 Stat. 721), reappropriated and made available until February 15, 1925, the unexpended balance of the appropriation contained in the act of March 4, 1923.

Study of the marketing of farm products.—The Comptroller General on May 26, 1928, held that the appropriation for investigations, Columbia Basin irrigation project, 1927, 1928, can not be used to pay the State of Washington a maximum of $2,000 for one-half the cost of the State's investigation and study of the marketing of farm products, as provided in paragraph 9 of the contract of December 13, 1927, between the United States and the State of Washington. (Comp. Gen. decision A-22622, May 26, 1928.)

This note is also applicable to acts regarding Columbia Basin project dated, respectively, April 13, 1926 (44 Stat. 247), and July 3, 1926 (44 Stat. 857).

RELIEF TO WATER USERS ON FEDERAL IRRIGATION PROJECTS

An act to extend the time for payment charges due on reclamation projects, and for

other purposes. (Act February 28, 1923, ch. 145, 42 Stat. 1324)

[Sec. 1. Time for payment extended to two years.] That section 1 of the act entitled "An act to authorize the Secretary of the Interior to extend the time for payment of charges due on reclamation proj, ects, and for other purposes", approved March 31, 1922, is amended by striking out the words “one year” where they appear in such section and inserting in lieu thereof the words 'two years.” (42 Stat. 1324.)

NOTES

Cross reference.-See notes under act March 31, 1922 (42 Stat. 489).

Payments already due.—The act of March 31, 1922 (42 Stat. 489), as amended and enlarged by the act of February 28, 1923 (42 Stat. 1324), authorizes extension of time to individual water users or a legally organized group of water users, and the terms of that legislation should be applied in all cases of extension of time for payments already due. (Construction of reclamation laws relating to contracts between Reclamation Bureau and irrigation districts, departmental opinion, September 29, 1923, 50 L. D. 145.)

Circular letters.- No. 1197, March 7, 1923, departmental regulations; also printed at 49 L. D. 472.

No. 1200, March 17, 1923, supplementing C. L. 1197.
No. 1209, April 6, 1923, modifying paragraph 13 of No. 1197.

No. 1205, March 26, and No. 1217, May 10, 1923, accounting under the relief act.

No. 1269, November 10, 1923, amends C. L. 1217.

No. 1222, May 23, 1923, and No. 1225, June 1, 1923, departmental decisions in regard to relief act.

Sec. 2. [Further extension.)-That the Secretary of the Interior is authorized, in the manner and subject to the conditions imposed by such act of March 31, 1922, to extend for a period not exceeding two years from December 31, 1922, the date of any payment of any charge the date of payment of which has been extended under the provisions of section 1 of such act. (42 Stat. 1324.) Sec. 3. [Interest on extended payments—Penalty for nonpayment.]

— That every charge, the date of payment of which is extended under the provisions of section 2 of this act, shall draw interest at the rate of 6 per centum per annum from the date from which it was so extended in lieu of any penalty that may now be provided by law, but in case such charge is not paid at the end of the period for which it is so extended any such penalty shall attach from the date the charge was originally due, as if no extension had been granted. (42 Stat. 1325.)

Sec. 4. [Extension of time to two years.]—That section 2 of such act of March 31, 1922, is amended by striking out the words "season of 1922” where they appear in such section and by inserting in lieu thereof the words "seasons of 1922 and 1923." (42 Stat. 1325.)

« SebelumnyaLanjutkan »