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:

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Salt Lake Basin project, Utah, second division: The unexpended balance of the appropriation for the fiscal year 1932, originally made in the appropriation act of May 14, 1930 (46 Stat. 308), for the Interior Department for the fiscal year ending June 30, 1931, and continued available for the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

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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.)

NOTE

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.”

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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,

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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 a 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.)

NOTES

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.-in 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 803 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.

VACATION OF WITHDRAWALS OF PUBLIC LANDS CONTAINING MINERALS

An act authorizing the Secretary of the Interior to vacate withdrawals of public lands under the reclamation law, with reservation of rights, ways, and easements. (Act April 23, 1932, 47 Stat. 136)

SEC. 1. [Conditional restoration of lands to mineral entry.]-That where public lands of the United States have been withdrawn for possible use for construction purposes under the Federal reclamation laws, and are known or believed to be valuable for minerals, and would, if not so withdrawn, be subject to location and patent under the general mining laws, the Secretary of the Interior, when in his opinion the rights of the United States will not be prejudiced thereby, may, in his discretion, open the land to location, entry, and patent under the general mining laws, reserving such ways, rights, and easements over or to such lands as may be prescribed by him and as may be deemed necessary or appropriate, including the right to take and remove from such lands construction materials for use in the construction of irrigation works, and/or the said Secretary may require the execution of a contract by the intending locator or entryman as a condition precedent to the vesting of any rights in him when in the opinion of the Secretary same may be necessary for the protection of the irrigation interests. Such reservations or contract rights may be in favor of the United States or irrigation concerns cooperating or contracting with the United States and operating in the vicinity of such lands. The Secretary may prescribe the form of such contract which shall be executed and acknowledged and recorded in the county records and the United States local land office by any locator or entryman of such land before any rights in their favor attach thereto, and the locator or entryman executing such contract shall undertake such indemnifying covenants and shall grant such rights over such lands as in the opinion of the Secretary' may be necessary for the protection of Federal or private irrigation in the vicinity. Notice of such reservation or of the necessity of executing such prescribed contract shall be filed in the General Land Office and in the appropriate local land office, and notations thereof shall be made upon the appropriate tract books, and any location or entry thereafter made upon or for such lands, and any patent therefor shall be subject to the terms of such contract and/or to such reserved ways, rights, or easements and such entry or patent shall contain a reference thereto.

SEC. 2. [Rules and regulations.]-The Secretary of the Interior may prescribe such rules and regulations as may be necessary to enable him to enforce the provisions of this act.

Textual note. The above act is codified as section 154, title 43, U. S. C., the introductory word "That" in the first line of section 1 being omitted.

NOTE

Regulations. Under date of June 22, 1932, the Acting Commissioner of the General Land Office issued regulations pursuant to this act, approved by the Department the same date. (G. L. O. Circular 1275, 53 I. D. 706.)

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COMPACT BETWEEN STATES OF MONTANA AND WYOMING

REGARDING WATERS OF YELLOWSTONE RIVER

An act granting the consent of Congress to the States of Montana and Wyoming to nego tiate and enter into a compact or agreement for division of the waters of the Yellowstone River. (Act June 14, 1932, 47 Stat. 306)

[Equitable division of waters of Yellowstone and tributaries-Representative of United States to participate in negotiations and make report-Legislatures of States must approve.]-That consent of Congress is hereby given to the States of Montana and Wyoming to negotiate and enter into a compact or agreement not later than January 1, 1936, providing for an equitable division and apportionment between the States of the water supply of the Yellowstone River and of the streams tributary thereto, upon condition that one suitable person, who shall be appointed by the President of the United States, shall participate in said negotiations as the representative of the United States and shall make report to Congress of the proceedings and of any compact or agreement entered into: Provided, That any such compact or agreement shall not be binding or obligatory upon either of the parties thereto unless and until the same shall have been approved by the legislature of each of said States and by the Congress of the United States.

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