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REPAYMENT OF EXCESS AMOUNTS PAID FOR LOTS IN BOWDOIN,

MONT.

An act to authorize repayment of certain excess amounts paid by purchasers of lots in the town site of Bowdoin, Montana, and for other purposes. (Act February 2, 1929, ch. 131, 45 Stat. 1146)

[Excess amounts refunded where application is received by June 8, 1929. That any excess amounts paid by the purchasers of certain town lots in the town site of Bowdoin, Montana, and authorized to be repaid by the act of Congress approved June 8, 1926 (Fortyfourth Statutes, page 708), shall, upon certification by the Secretary of the Interior, be paid by the Secretary of the Treasury in all cases where the application for refund is received on or prior to June 8.

1929.

404

CREDITS FOR CHARGES ON THE YUMA AND YUMA MESA AUXILIARY RECLAMATION PROJECTS

An act to amend the act entitled "An act to authorize credit upon the construction charges of certain water-right applicants and purchasers on the Yuma and Yuma Mesa auxiliary projects, and for other purposes." (Act February 26, 1929, ch. 339, 45 Stat. 1321)

[Sec. 1. Act of June 28, 1926, amended-Credits on construction charges and on operation and maintenance charges-Yuma Indian Reservation.]-That the act entitled "An act to authorize credit upon the construction charges of certain water-right applicants and purchasers on the Yuma and Yuma Mesa auxiliary projects, and for other purposes," approved June 28, 1926, be amended so as to read as follows:

"That the Secretary of the Interior be, and he is hereby, authorized and directed to credit the individual water-right applicants on the Yuma reclamation project and the purchasers of water rights on the Yuma Mesa auxiliary project, on the construction charges due under their contracts with the United States under the reclamation act and acts amendatory thereof and supplementary thereto, with their proportionate part of all payments heretofore made or hereinafter to be made by the Imperial irrigation district of California under contract entered into under date of October 23, 1918, between the said district and the Secretary of the Interior: Provided, That lands in the Yuma Indian Reservation for which water rights have been purchased shall share pro rata in the credits so to be applied: Provided further, That where construction charges are paid in full said payments shall be credited on operation and maintenance charges assessed against the lands to which said payments would otherwise apply."

CONSULTING ENGINEERS, GEOLOGISTS, AND ECONOMISTS ON IMPORTANT RECLAMATION WORK

An act authorizing the Secretary of the Interior to employ engineers and economists for consultation purposes on important reclamation work. (Act February 28, 1929, ch. 374, 45 Stat. 1406)

[Sec. 1. Employment of consulting engineers, etc.; compensation limited to $50 a day, and to $5,000 a year-Retired Army and Navy officers eligible.]—That the Secretary of the Interior is authorized, in his judgment and discretion, to employ for consultation purposes on important reclamation work five consulting engineers, geologists, and economists, at rates of compensation to be fixed by him, but not to exceed $50 per day for any engineer, geologist, or economist so employed: Provided, That the total compensation paid to any engineer, geologist, or economist during any fiscal year shall not exceed $5,000: Provided further, That notwithstanding the provisions of any other act, retired officers of the Army or Navy may be employed by the Secretary of the Interior as consulting engineers in accordance with the provisions of this act.

Sec. 2. [Joint resolution of June 28, 1926, repealed.]-The joint resolution approved June 28, 1926, authorizing the Secretary of the Interior to employ engineers for consultation in connection with the construction of dams for irrigation purposes, is hereby repealed.

Textual note.-Section 1 of this act is codified as section 411b, title 43, United States Code. Section 2 of this act repeals section 411a, title 43, United States Code.

NOTE

Temporary employment by War Department of Reclamation Bureau consulting engineer prohibited. In response to a request for a ruling by the War Department, the Comptroller General held that the temporary employment by that department at any rate of compensation of a consulting engineer holding an appointment under the act of February 28, 1929, in the Bureau of Reclamation at $50 a day when actually employed, would, notwithstanding the fact that the employee was in a nonpay status on the rolls of the bureau and would not receive compensation from the bureau and the War Department covering the same period of time, nevertheless be in contravention of the act of May 10, 1916, as amended by the act of August 29, 1916 (39 Stat. 120, 582), which prohibits the payment of more than one salary when the combined rate of such payment exceeds $2,000 per annum. (Comp. Gen. dec. A-30788, Mar. 24, 1930.)

Applicability of Economy Act of June 30, 1932.-Applying the provisions of the Economy Act of June 30, 1932 (47 Stat. 400), to the above act the Comptroller General, in decision A-44084, dated August 23, 1932, stated: Employees appointed pursuant to the act of February 28, 1929 (45 Stat. 1406), which limits the aggregate that may be paid to any one person to $5,000 per year, and to whom it is not practical to apply section 101 (b) of the Economy Act, are subject to 8% percent reduction prescribed by section 105 (d) for persons whose rate of compensation is between $1,000 and $10,000. As the rate of pay of the positions authorized by this statute will exceed $3,000 per annum, such employees would not be entitled, during the present fiscal year, to receive any pay as retired Army officers unless the retired pay amounts to $3,000 or more,

ENGINEERS, GEOLOGISTS, AND ECONOMISTS

407

in which case they may elect to receive either the civilian or the retired pay. Compensation of consulting engineer for Saturday afternoons, Sundays, and holidays. In decision A-47819 dated April 6, 1933, the Comptroller General held that where the services involved in a consulting engineer's appointment, under the above act, are not for performance at any fixed place and the appointment contemplates travel at Government expense between his home and the various places where his services might be required, the employee is considered as actually employed and entitled to salary per diem as well as per diem in lieu of subsistence whenever necessarily absent from his place of residence for purposes of consultation on reclamation projects, including necessary travel time and intervening Saturday afternoons, Sundays, and holidays. His compensation is subject to reduction required by the Economy Act of June 30, 1932, and its amendments, and to the fiscal year limitations

Consulting engineers may be employed without regard to restrictions of act of February 28, 1929.-The restrictions of act of February 28, 1929, apply only to employment under that act. New positions may be established and payment made from Public Works funds but such new employment must be in conformity with the executive order of November 18, 1933, or the Classification Act of 1923 as amended. (Decision of Solicitor, April 4, 1934, 54 I. D., 411.)

CONVEYANCE OF WATER RIGHTS, BOISE RECLAMATION PROJECT An act to authorize the Secretary of the Interior to convey or transfer certain water rights in connection with the Boise reclamation project. (Act February 28, 1929, ch. 382, 45 Stat. 1410)

[Sec. 1. Authority to relinquish interest in Ridenbaugh or Nampa and Meridian irrigation district water rights.]-That the Secretary of the Interior is hereby authorized to relinquish to the board of control of the Arrowrock division, Boise irrigation project, all the right, title, and interest of the United States in or to certain Ridenbaugh or Nampa and Meridian irrigation district water rights, not heretofore disposed of, obtained when land with appurtenant water rights was purchased by the United States for the Deer Flat Reservoir.

Sec. 2. [Water to be used by board of control of Arrowrock division.]— The Secretary of the Interior is authorized to permit the water to which the United States is entitled under the said Ridenbaugh rights to be taken into and distributed through the canal system of the Arrowrock division of the Boise project by the board of control and used or disposed of by the said board of control for the benefit of the said Arrowrock division.

408

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