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484 MORATORIUM ON CONSTRUCTION CHARGES FOR 1931, 1932
maintenance charges for the calendar year 1930 and prior thereto. Such deferred charges, together with penalty or interest to December 31, 1931, under existing laws and contracts shall be paid in such annual installments as the Secretary of the Interior may fix.
Sec. 7. [Delivery of water by water users' organization to water users in arrears in payment of charges.]-Any irrigation district, water-users' association, or other water users organization which has contracted to pay construction charges and which is not in arrears for more than one calendar year in the payment of any construction, operation, and maintenance, or other charge due by it to the United States may, at its option, deliver or authorize the delivery of water during the years 1932 and 1933 to water users who may be more than one year in arrears in the payment of charges or assessments due from such landowner or water user to the district or association.
The relief act of March 4, 1934, in extending temporary relief on water charges, also extended relief from punishment for nonpayment of charges. Section 7 of the moratorium act of April 1, 1932, must be considered in granting moratoria under the relief act of March 4, 1934. (Opinion of Acting Solicitor Fahey, Department of the Interior, April 17, 1934.)
Sec. 8. [Credits on account of power profits under subsections I and J, Fact Finders' Act, or other act.]—In the case of any irrigation district, water-users' organization, or individual, receiving credits on account of power profits or other revenues under the provisions of subsections I and/or J, section 4, act of December 5, 1924 (43 Stat. 703), or any other act of Congress, when any extension is granted as provided in section 1, 2, or 4 the amount of such credits shall be deducted from the amount of any payment so extended : Provided, That the provisions of this section shall not apply to power profits or other revenues derived from works not constructed at the expense of the United States. The credits, if any, in excess of the payment so extended shall be applied as now provided by law and contract. Acceptance of the provisions of this act shall operate as a waiver of any law and/or contract providing for application of credits different from that in this section prescribed.
Power revenues-Salt River project.-In connection with the application of the Salt River Valley Water Users' Association for relief under section 1 of the act of April 1, 1932, the Solicitor of the Interior Department, interpreting the proviso of section 8 of the act, rendered a decision, approved by the First Assistant Secretary August 29, 1932 (M-27184), that there must be a determination of the net power revenues obtained by the association from the operation of the power plants constructed by the United States and turned over to the association in 1917. If an estimate of net power revenues from the Government-constructed plants can be made that is satisfactory to the association and to the Secretary of the Interior, the extension can be granted. If this cannot be accomplished, the application must be rejected on the theory that the act involves conditions impossible of performance.
Sec. 9. [Collection of charges for 1931 to be credited upon succeeding payments as they become due. ]-Collections of construction charges for the calendar year 1931 (which charges are subject to adjustment
MORATORIUM ON CONSTRUCTION CHARGES FOR 1931, 1932 485
and are adjusted under sections 1, 2, and 4 of this act) and penalties and interest, if any, from water-users' organizations and individual water-right applications or landowners, heretofore made under existing contracts, shall be credited upon the succeeding payments as they become due, including operation and maintenance charges.
Application for relief only as to the 1932 charge.-In letter dated August 5, 1932, the Department advised the Commissioner of Reclamation that in cases where the 1931 construction charges have been fully paid it is optional with the water users whether deferment under the act of April 1, 1932, shall cover both the 1931 construction charge and one-half of the 1932 construction charge, or one-half of the 1932 construction charge only. (Decision re application of Imperial Irrigation District.)
Interpretation of words "succeeding payments."-Section 9 of the act of April 1, 1932, reads in part as follows: "Collections of construction charges for the calendar year 1931
shall be credited upon the succeeding payments", etc. The Department, in letter of March 9, 1933, to the Bureau, held that the words "succeeding payments”, mean payments succeeding the collection date of the 1931 payments, whether before or after April 1, 1932. (Decision re Yakima project.)
SEC. 10. [Advances authorized by act of June 25, 1910, and act of March 3, 1931, to be repaid beginning July 1, 1934.]—That the act of June 25, 1910, entitled "An act to authorize advances to the reclamation fund, and for the issue and disposal of certificates of indebtedness, in reimbursement therefor, and for other purposes”, as amended, and the act of March 3, 1931 (46 Stat. 1507), are hereby amended so as to provide that payments in reimbursement of moneys so advanced under these acts and not heretofore repaid shall be made by transfer annually from the reclamation fund" to the general funds of the Treasury beginning July 1, 1934.
Textual note.-Codified as sec. 402, title 43, U. S. C., the words from the beginning of the section down through “(46 Stat. 1507)" being changed to "Sections 391b and 399 of this title", and the word "acts” in the third line from the end changed to "sections."
Amendment.-Section 2 of the act of March 3, 1933, amends the last line of the above section by substituting “1936" for “1934.” The act of June 22, 1936, further amends this section by substituting "1938" for "1936."
SPECIAL PROVISIONS OF THE INTERIOR DEPARTMENT
APPROPRIATION ACT FOR 1933 (Extracts from] An act making appropriations for the Department of the Interior for the
fiscal year ending June 30, 1933, and for other purposes. (Act April 22, 1932, 47 Stat. 91)
The following sums are appropriated out of the special fund in the Treasury of the United States created by the act of June 17, 1902, and therein designated “the reclamation fund”, to be available immediately :
Salt Lake Basin project, Utah, second division: The unexpended balance of the appropriation for the fiscal year 1932, originally made in the appropriation act of May 14, 1930 (46 Stat. 308), for the Interior Department for the fiscal year ending June 30, 1931, and continued available for the fiscal year 1932 by the act of February 14, 1931 (46 Stat. 1115), shall remain available for the same purposes for the fiscal year 1933, the proviso to said original appropriation for said second division being hereby amended so as to read as follows: "Provided, That no part of this sum shall be available for construction work until a contract or contracts shall be made as required by the reclamation laws with an irrigation district or districts or water users' association or associations for the payment, to the United States of the cost of such second division." (47 Stat. 116.)
Boulder Canyon project: For the continuation of construction of the Hoover (Boulder) Dam and incidental works in the main stream of the Colorado River at Black Canyon, to create a storage reservoir, and of a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged from such reservoir; to acquire by proceedings in eminent domain or otherwise, all lands, rights-of-way, and other property necessary for such purposes; and for incidental operations, as authorized by the Boulder Canyon Project Act, approved December 21, 1928 (U. S. C., supp. V, title 43, ch. 12A); $6,000,000, to be immediately available and to remain available until advanced to the Colorado River Dam fund, which amount shall be available for personal services in the District of Columbia and for all other objects of expenditure that are specified for projects included in this act under the caption "Bureau of Reclamation without regard to the limitations of amounts therein set forth: Provided, That of this fund not
INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1933 487
to exceed $70,000 shall be available for the erection, operation, and maintenance of necessary school buildings and appurtenances on the Boulder Canyon project Federal reservation, and for the purchase and repair of required desks, furnishings, and other suitable facilities; for payment of compensation to teachers and other employees necessary for the efficient conduct and operation of schools on said reservation. (47 Stat. 118.)
Interchange of funds.-With regard to the provision in the Interior Depart. ment appropriation acts permitting the interchange of funds between projects, the Comptroller General, in interpreting the item in the appropriation act, fiscal year 1932, relating to the Boulder Canyon project, in decision A-41637 dated June 14, 1932, stated: “There is no such provision in the appropriation for the 'Boulder Canyon River fund.' The provision in said appropriation that the amount appropriated thereunder shall be available for personal services in the District of Columbia and 'for all other objects of expenditure that are specified for projects included in this act under the caption Bureau of Reclamation. without regard to the limitations therein set forth, was not intended to make said appropriation supplemental to or available for all other projects included under the caption 'Bureau of Reclamation', but rather to make said appropriation available for expenditures in carrying out the provision of the Boulder Canyon Project Act only, as provided in section 2 (a) of said act."
Sec. 2. Appropriations herein made for field work under the Bureau of Reclamation,
shall be available for the hire, with or without personal services, of work animals and animaldrawn and motor-propelled vehicles and equipment: Provided, That no part of any money appropriated by this act shall be used for purchasing any motor-propelled passenger-carrying vehicle (except busses, ambulances, and station wagons) at a cost, completely equipped for operation, in excess of $750, except where, in the judgment of the department, special requirements cannot' thus be efficiently met, such exceptions, however, to be limited to not to exceed 10 per centum of the total expenditures for such motor vehicles purchased during the fiscal year, including the value of a vehicle exchanged where exchange is involved; nor shall any money appropriated herein be used for maintaining, driving, or operating any Government-owned motor-propelled passenger-carrying vehicle not used exclusively for official purposes; and “official purposes” shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of officers and employees engaged in field work the character of whose duties make such transportation necessary and then only when the same is approved by the head of the department. The limitations of this proviso shall not apply to any motor vehicle for official use of the Secretary of the Interior. (47 Stat. 131.)
SEC. 3. No appropriation under the Department of the Interior, available during the fiscal years 1932 and/or 1933 shall be used after the date of the approval of this act to pay the compensation of an incumbent appointed to any position under the Federal Government which is vacant on the date of the approval of this act or to any such position which may become vacant after such date: Provided,
INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1933
That this inhibition shall not apply (a) to absolutely essential positions the filling of which may be authorized or approved in writing by the President of the United States, either individually or in groups or (b) to temporary, emergency, seasonal, and cooperative positions. The appropriations or portions of appropriations unexpended by the operation of this section shall not be used for any other purposes but shall be impounded and returned to the Treasury, and à report of all such vacancies, the number thereof filled, and the amounts unexpended, for the period between the date of the approval of this act and October 31, 1932, shall be submitted to Congress on the first day of the next regular session: Provided, That such impounding of funds may be waived in writing by the President of the United States in connection with any appropriation or portion of appropriation, when, in his judgment, such action is necessary and in the public interest. (47 Stat. 132.)
Special funds.--With regard to the impounding provisions of section 3 of the Department of Interior Appropriation Act of April 22, 1932 (Public, No. 55), in decision A-42691 dated July 25, 1932, the Comptroller General, in a letter to the Secretary of the Treasury, stated: “In the case of special funds which originate from or pertain to the general fund, such as the Reclamation and Colorado River Dam funds, the provisions of sections 110 and 203, act of June 30, 1932, apply and the unexpended balances will be impounded and returned to the Treasury under the procedure prescribed for other funds."
Applicability of sec. 803 of Economy Act to sec. 3.–1n decision A-47923 dated May 17, 1933, the Comptroller General advised the Secretary of the Interior that with reference to the effect of the terms of section S03 of the Economy Act of June 30, 1932, on section 3 of the Interior Department Appropriation Act of April 22, 1932, failure to impound salaries of positions which were abolished between April 22 and July 1, 1932, would not be questioned.