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SPECIAL PROVISIONS, INTERIOR DEPT.APPROPRIATION ACT, 1925 289

aggregate amount of at least three hundred and sixty-five thousand acre-feet shall have paid to the United States their due proportionate share of all moneys expended by the United States on said reservoir prior to the date of said payments, including interest at the rate of 6 per centum per annum from the time such moneys were advanced by the United States; (3) The American Falls Reservoir district and the Empire Irrigation district shall each have filed with the Secretary of the Interior an agreement binding each of said districts to the elimination of the second paragraph of article 46 of their respective contracts of June 15, 1923, with the United States; and (4) the said companies and districts shall have paid to or deposited with the United States cash or United States Government securities amounting to a total of at least $1,500,000: Provided further, That no contractor shall secure a right to the use of water from said reservoir except under a contract containing the provision that the contractor shall, as a part of the construction cost, pay interest at the rate of 6 per centum per annum upon the contractor's proper proportionate share, as found by the Secretary of the Interior, of the moneys advanced by the United States on account of the construction of said reservoir prior to the date of the contract. (43 Stat. 417.)

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Textual note. The substance of the second proviso above is codified as section 600, title 43, United States Code.

NOTES

Cross reference.-See notes under act of March 4, 1921 (41 Stat. 1403). Contractor. The word "contractor" in the second proviso above designates any purchaser of water from the American Falls Reservoir, and not merely the contractors who were cooperating with the United States in the construction of the reservoir. (Solicitor's opinion, approved by the department June 14, 1927-M. 22401.)

Contracts-Additional work. An existing contract for the performance of work for the Government may not be expanded so as to include additional work of any considerable magnitude without compliance with section 3709, Revised Statutes, requiring advertising and acceptance of lowest bid, unless it clearly appears that the additional work was not in contemplation at the time of the original contracting and is such an inseparable part of the work originally contracted for as to render it reasonably impossible of performance by other than the original contractor. (5 Comp. Gen. 508.)

DRAINAGE FOR INDIAN LANDS ON NEWLANDS IRRIGATION

PROJECT

An act to amend an act entitled "An act authorizing an appropriation to meet proportionate expenses of providing a drainage system for Piute Indian lands in the State of Nevada within the Newlands reclamation project of the Reclamation Service," approved February 14, 1923. (Act June 7, 1924, ch. 309, 43 Stat. 595)

[Piute Indian lands-Appropriation authorized for drainage-Reimbursement.]-That the act entitled "An act authorizing an appropriation to meet proportionate expenses of providing a drainage system for Piute Indian lands in the State of Nevada within the Newlands reclamation project of the Reclamation Service," approved February 14, 1923, be, and the same is hereby, amended to read as follows:

"That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $49,603.05, payable in twenty annual installments of $2,500 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 four thousand eight hundred and eighty-seven 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." (43 Stat. 595.)

NOTE

Cross reference.-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.

290

COOPERATIVE INVESTIGATIONS OF CASPER-ALCOVA, DESCHUTES, AND SOUTHERN LASSEN PROJECTS

Joint resolution authorizing an investigation of the proposed Casper-Alcova irrigation project, Natrona County, Wyo.; the Deschutes project in the State of Oregon, and the Southern Lassen irrigation project in Lassen County, Calif. (Pub. Res. No. 32, of June 7, 1924, ch. 374, 43 Stat. 668)

[Plans for constructing and completing projects to be submitted to Congress Contribution of one-half of cost by States.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to prepare and submit to Congress at the beginning of the next regular session plans and estimates of the character and cost of structures necessary for the construction and completion of the proposed Casper-Alcova irrigation project in Natrona County, Wyoming, the Deschutes project in the State of Oregon, and the Southern Lassen irrigation project, in Lassen County, California: Provided, That at least one-half the cost of all such investigations, plans and estimates shall be advanced by the State in which the project is located, or by parties interested. (43 Stat. 668.)

291

SPECIAL PROVISIONS OF SECOND DEFICIENCY ACT, FISCAL YEAR

1924

[Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1925, and for other purposes. (Act December 5, 1924, ch. 4, 43 Stat. 672)

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[Commencement of construction work prohibited unless recommended by Commissioner of Reclamation and Secretary of the Interior and approved by the President.]-Provided, That no part of the sums herein appropriated shall be used for the commencement of construction work on any reclamation project which has not been recommended by the Commissioner of Reclamation and the Secretary of the Interior and approved by the President as to its agricultural and engineering feasibility and the reasonableness of its estimated construction cost. (43 Stat. 685.)

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[Return of contributions to cooperative investigations of projects.]— That hereafter the Secretary of the Interior is authorized to receive moneys from any State, municipality, irrigation district, individual, or other interest, public or private, expend the same in connection with moneys appropriated by the United States for any such cooperative investigation, and return to the contributor any moneys so contributed in excess of the actual cost of that portion of the work properly chargeable to the contribution. (43 Stat. 685.)

Textual note. This provision is codified as section 396, title 43, United States Code, the introductory word "That" being omitted, and the word "such," preceding the words "cooperative investigation," being omitted.

STATE DEPARTMENT

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[Equitable use of waters of Rio Grande below Fort Quitman, Texas.]. Commission on equitable use of the waters of the Rio Grande: For a study, in cooperation with representatives of the United States of Mexico, regarding the equitable use of the waters of the Rio Grande below Fort Whitman [Quitman], Texas, with a view to their proper utilization for irrigation and other beneficial uses, including salaries of commissioners and other employees, transportation, subsistence (notwithstanding the provisions of any other act), and such other miscellaneous expenses as the President may deem proper, fiscal year 1925, $20,000: Provided, That one of the commissioners so appointed shall be an engineer experienced in such work. (43 Stat. 692.)

SECOND DEFICIENCY ACT, 1924 (FACT FINDERS' ACT) 293

NOTE

See note on page 366 headed "International Water Commission."

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Sec. 4. [Definitions.]-SUBSECTION A. That when used in this section

(a) The word "Secretary" means the Secretary of the Interior. (b) The words "reclamation law" mean the act of June 17, 1902 (Thirty-second Statutes, page 388), and all acts amendatory thereof or supplementary thereto.

(c) The words "reclamation fund” mean the fund provided by the reclamation law.

(d) The word "project" means a Federal irrigation project authorized by the reclamation law.

(e) The words "division of a project" mean a substantial irrigable area of a project designated as a division by order of the Secretary. (43 Stat. 701.)

Textual note. This provision is codified as section 371, title 43, United States Code, with the following changes: "section" in the second line reads "chapter"; in (b) the words "act of June 17, 1902 (Thirty-second Statutes, page 388), and all acts amendatory thereof or supplementary thereto" are omitted and there is inserted in lieu thereof "provisions of this chapter."

Subsec. B. [Approval of new project contingent upon information as to water supply, engineering features, cost, land prices, feasibility, adaptability for settlement and farm homes.]-That no new project or new division of a project shall be approved for construction or estimates submitted therefor by the Secretary until information in detail shall be secured by him concerning the water supply, the engineering features, the cost of construction, land prices, and the probable cost of development, and he shall have made a finding in writing that it is feasible, that it is adaptable for actual settlement and farm homes, and that it will probably return the cost thereof to the United States. (43 Stat. 702.)

Textual note.-The above subsection is codified as section 412, title 43, United States Code, the introductory word "That" being omitted, and the words "After December 5, 1924," being substituted therefor.

NOTES

Secretary not mandatorily required to commence new projects unless convinced of their feasibility. In an opinion promulgated August 4, 1926, the Attorney General ruled that the Secretary of the Interior is not compelled to expend appropriations made by Congress for construction of new projects unless he is certain of their feasibility, their adaptability for settlement, and repayment of their costs to the Government. (See New Reclamation Era September, 1926, p. 152.)

See also 35 Op. Atty. Gen. 125.

Definition of "new project."-In an opinion dated September 17, 1925, regarding the Baker project the Attorney General defined "new project": In one sense the Baker project is not a new one, inasmuch as appropriations have been made for it each fiscal year beginning with that of 1923. The project

1 The enactment of sec. 4 (which includes subsecs. A-R) of the second deficiency act, fiscal year 1924, was recommended by a committee of special advisers on reclamation appointed by the Secretary of the Interior, known as Fact Finders. See Senate Document No. 92, Sixty-eighth Congress, first session.

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