PURCHASE OF SHOES, BROOMS, AND BRUSHES An act to equip the United States penitentiary, Leavenworth, Kans., for the manufacture of supplies for the use of the Government, for the compensation of prisoners for their labor, and for other purposes. (Act of Feb. 11, 1924, ch. 17, 43 Stat. 6) [Sec. 1. Manufacture of shoes, brooms, and brushes.]-That the Attorney General is authorized and directed to establish, equip, maintain, and operate at the United States penitentiary, Leavenworth, Kansas, a factory or factories for the manufacture of shoes, brooms, and brushes to supply the requirements of the various departments of the United States Government. * * * Sec. 2. [Articles manufactured to be sold at current market price.]— That articles so manufactured shall be sold at the current market prices as determined by the Attorney General or his authorized agent, * Sec. 9. [Obligatory on Departments to purchase.]-It is hereby made obligatory upon the various departments of the Government to purchase the products of the business herein authorized to be carried on in the penitentiary at Leavenworth, Kansas, until the supply therein produced is exhausted before purchasing elsewhere. NOTES Brushes may not be purchased in the commercial market by Government purchasing officers in the absence of a showing by the penitentiary authorities that the articles could not be furnished from that source, or a showing that the brushes manufactured by the penitentiary would not have met the needs of the service. (Comptroller General decision A-58965, December 18, 1934.) Purchases of certain articles from Federal Prison Industries, Inc.-The act of May 27, 1930, 46 Stat. 391, providing for diversification of employment of Federal prisoners, directed the Attorney General to establish such industries as will produce articles and commodities for sale to the departments and independent establishments of the Government, and the departments and independent establishments to purchase at not to exceed the current market price such articles of the industries authorized to be carried on as meet their requirements and as may be available and are authorized by the appropriations from which such purchases are made. The act of June 23, 1934, 48 Stat. 1211, provided for the creation of the Federal Prison Industries. The Comptroller General in decision A-70514, of March 25, 1936, held there is no authority of law for any Department to purchase from private business articles or materials which are available for purchase from the Federal Prison Industries, Inc. Relief funds not available for prison-made articles. By decision of March 27, 1936, A-67190, A-67191, the Comptroller General ruled that inasmuch as the funds of the Works Progress Administration are for relief of unemployment, these funds are not available for purchase of prison-made articles. THE 1924 RELIEF ACT 1 An act to authorize the deferring of payments of reclamation charges. (Act May 9, 1924, ch. 150, 43 Stat. 116) [Sec. 1. Extension of time for payment of accrued charges, rentals, and penalties Interest on extensions.]—That the Secretary of the Interior is hereby authorized and empowered, in his discretion, to defer the dates of payments of any charges, rentals, and penalties which have accrued prior to the 2d day of March, 1924, under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and amendatory and supplemental acts, or prior to that date as against water users on any irrigation project being constructed or operated and maintained under the direction of the Commissioner of Indian Affairs, as may, in his judgment, be necessary in or concerning any irrigation project now existing under said act: Provided, That no payment shall be deferred under this section in any particular case beyond March 1, 1927: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty now provided by law shall thereupon attach from the date of such default. (43 Stat. 116.) Textual note.-The substance of the two sections of this act is codified as section 384 (a) and (b), respectively, of title 43, United States Code. NOTES Only Secretary of Interior can give relief to delinquent settler.-Relief under the act of May 9, 1924, to a settler on a Government project from a delinquent maintenance charge must come from the Secretary of the Interior, to whose discretion its administration is committed. (Mower v. Bond (1925), 8 Fed. (2d), 518.) Regulations.-See departmental regulations of June 2, 1924, printed at 50 L. D. 542, in the New Reclamation Era for June, 1924, page 85, and in C. L. 1302, June 2, 1924. C. L. 1363, February 9, 1925, supplements C. L. 1302. C. L. 1430, July 10, 1925, and C. L. 1489, December 5, 1925, request statistics covering relief granted under sections 1 and 2 of this act. Sec. 2. [Addition of accrued charges to construction charges.]—That where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the act of June 17, 1902 (Thirty-second Statutes at 1 Popularly known as the Phipps Act, being so named for Senator L. C. Phipps, of Colorado. Large, page 388), or any act amendatory thereof or supplementary thereto, makes application prior to January 1, 1925, alleging that he will be unable to make the payments as required in section 1 hereof, the Secretary of the Interior is hereby authorized in his discretion. prior to March 1, 1925, to add such accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges equally over each of the subsequent years, beginning with the year 1925, or, in the discretion of the Secretary, distribute a total of one-fourth over the first half of the remaining years of the twenty-year period beginning with the year 1925, and three-fourths over the second half of such period, so as to complete the payment during the remaining years of the twentyyear period of payment of the original construction charge: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: Provided further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and probable inability to make payment at the time required in section 1: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this act, any penalty now provided by law shall thereupon attach from the date of such default: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary. (43 Stat. 116.) Textual note. See textual note appended to section 1 of this act. NOTES Circular letters.-C. L. 1338, December 4, 1924, departmental regulations under this section. C. L. 1363, February 9, 1925, supplements C. L. 1338. 88508-37-19 INDIAN LANDS FOR AMERICAN FALLS RESERVOIR (Act An act authorizing the acquiring of Indian lands on the Fort Hall Indian Reservation, in [Sec. 1. Lands to be acquired-Description-Right of Indians.]—That subject to payment being made as provided herein, there is hereby granted to the United States, its successors and assigns, for the proposed American Falls Reservoir on the Snake River under the Minidoka Federal irrigation project, in Idaho, all right, title, and interest the Indians have to the tribal and allotted lands within that section of the Fort Hall Indian Reservation commonly referred to as the Fort Hall Bottoms, which lands will be inundated by the impounding of one million seven hundred thousand acre-feet of water within said proposed reservoir, together with a five-foot freeboard the elevation of which shall be established, using as a basis the one million five hundred thousand acre-foot contour line as shown in what is known as the Dyer-Dietz-Banks appraisal of Indian lands dated December 30, 1922, and on file in the Department of the Interior subject to the reservation of an easement to the Fort Hall Indians to use the said lands for grazing, hunting, fishing, and gathering of wood, and so forth, the same way as obtained prior to this enactment, in so far as such uses shall not interfere with the use of said lands for reservoir purposes. (43 Stat. 117.) Sec. 2. [Agreement or condemnation authorized-Appraisal-Payment.]-That the Secretary of the Interior be, and he is hereby, authorized to acquire by agreement or condemnation proceedings the area of allotted lands described in section 1. The value fixed by agreement with the allottees, and in any case where it may become necessary to institute condemnation proceedings for such purpose, the value of the allotment or allotments involved as determined by such proceedings, shall be paid out of the sum deposited to the credit of the Fort Hall Indians as provided in section 3 hereof. (43 Stat. 117.) NOTE Cross reference. See act of June 5, 1924 (43 Stat. 417), restricting expenditures for above purpose. Sec. 3. [Amount to be taken from reservoir construction money and deposited to credit of Indians.]-That in consideration of the rights granted in section 1 hereof, of both tribal and allotted lands, there shall be deposited in the Treasury of the United States to the credit of the Fort Hall Indians the total sum of $700,000, which sum shall be taken from moneys appropriated for the construction of said reservoir: Provided, That the said sum of $700,000, when so deposited, shall draw interest at the rate of 4 per centum per annum. (43 Stat. 117.) INDIAN LANDS FOR AMERICAN FALLS RESERVOIR 283 Sec. 4. [Appraisal of damages to adjoining lands-Determination by board-Payment for.]-Should any lands above the five-foot freeboard, as provided in section 1, be damaged on account of the reservoir, the amount of the damage shall be determined by a board consisting of three members-two of which shall be appointed by the Secretary of the Interior-one from the Bureau of Indian Affairs, and one from the Bureau of Reclamation, the third member, who shall be a disinterested party, to be selected by the two so appointed. The amount of damage as fixed by the board shall be taken from moneys appropriated for the construction of said reservoir and deposited in the Treasury of the United States to the credit of the Fort Hall Indians. (43 Stat. 117.) Sec. 5. [Amount for relocation, etc., of main canal to irrigate Indian lands-Reimbursement by Indians benefited.]-That there is hereby authorized to be appropriated not to exceed $100,000 of the money when deposited to the credit of the Fort Hall Tribe of Indians for use in relocating, enlarging, and reconstructing the main canal of the Fort Hall irrigation project to provide irrigation facilities for Indian lands situated in the southern portion of the Fort Hall Reservation, commonly known as the Michaud Flats, which amount so expended shall be reimbursed to the tribe by the Indians whose lands are benefited, on a per acre basis in accordance with such rules and regulations as the Secretary of the Interior may prescribe: Provided, That in all cases where the Indian title becomes extinguished prior to total reimbursement of the sum assessed against any particular allotment, the party acquiring title to such allotment shall be required to execute an agreement before any water will be furnished therefor, providing for the payment of construction charges assessed against such lands, and for the payment of the annual operation and maintenance charges. (43 Stat. 118.) |