Federal Reclamation Laws Annotated

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to the making of such proof: Provided, That such proof is made within four years from the date as announced by the Secretary of the Interior that water is available for delivery for the land. Any entryman failing within the period herein provided to dispose of the excess of his entry above one farm unit, in the manner provided by law, and to conform his entry to a single farm unit shall render his entry subject to cancellation as to the excess above one farm unit: Provided, That upon compliance with the provisions of law such entryman shall be entitled to receive a patent for that part of his entry which conforms to one farm unit as established for the project: Provided further, That no person shall hold by assignment more than one farm unit prior to final payment of all charges for all the land held by him subject to the reclamation law, except operation. and maintenance charges not then due. (38 Stat. 690.)

Textual note.-This section (with the omission of the introductory word "That"), down to the last proviso, is codified as section 435, title 43, United States Code. The last proviso is codified as section 443, title 43, United States Code.

NOTES

Cross references.-See notes under sections 3, 4, and 5 of the national irrigation act of June 17, 1902 (32 Stat. 388).

See act June 23, 1910 (36 Stat. 592), and section 3, act August 9, 1912 (37 Stat. 265).

Conformation of entry.-Farm-unit plats are a part of the public notice affecting same, and where such plats are approved by the Secretary of the Interior prior to date of the public notice the latter date controls, and entrymen who submitted proof on or prior thereto will have two years from the date of notice within which to conform their entries and dispose of excess lands under this section. Where proof is submitted after date of public notice the two years begin to run from the date of such proof, provided that same is submitted within four years from the date fixed by the Secretary when water will be available for irrigation of the lands in question. (General Land Office decision, March 28, 1917, Salt River.)

Where an entryman of lands within a reclamation project fails, after notice, to conform his entry to an established farm unit the Secretary of the Interior has the power to conform the entry. (Mangus Mickelson, 43 L. D. 210.)

Prior to the due establishment of farm units and the conformation of the particular entry to an approved unit, proof of reclamation of the land embraced within the reclamation homestead entry under the national irrigation act of June 17, 1902, will not be accepted. (Charles A. Galusha, 46 L. D. 417.) Miscellaneous. See C. L. 414, December 12, 1914, interpreting the proviso of this section.

Sec. 14. [Acceptance of extension of payments to be made within six months.]-That any person whose land or entry has heretofore become subject to the reclamation law, who desires to secure the benefits of the extension of the period of payments provided by this act, shall, within six months after the issuance of the first public notice hereunder affecting his land or entry, notify the Secretary of the Interior, in the manner to be prescribed by said Secretary, of his acceptance of all of the terms and conditions of this act, and thereafter his lands or entry shall be subject to all of the provisions of this act. (38 Stat. 690.)

Textual note. The substance of this section is codified as the first clause in the second paragraph of section 475, title 43, United States Code.

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RECLAMATION EXTENSION ACT

NOTES

Amendment.-Amended by act of July 26, 1916 (39 Stat. 390). See notes

thereunder.

Circular letter.-No. 385, October 24, 1914, as to recording acceptances of the

act.

Notice to water users, November 6, 1914.

Questions and answers, November 7, 1914, regarding the act in general.

No. 497, June 2, 1915, in reference to payments by nonresident landowners and effect thereof.

No. 512, July 17, 1915, as to status of lands.

No. 629, acceptance of terms of reclamation extension act.

Sec. 15. [General authority.]—That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. (38 Stat. 690.)

Textual note.-Codified as section 373, title 43, United States Code, the introductory word "That" being omitted and the word "act" in the last line being changed to "chapter."

NOTES

Suspension of public notices.-The Secretary of the Interior has no general supervisory authority or authority under section 441, Revised Statutes, under section 10 of the act of June 17, 1902, or under section 15 of the act of August 13, 1914, to suspend public notices issued under the reclamation law. (Departmental opinion, December 31, 1923, In re Shoshone Irrigation Project, etc., 50 L. D. 223.)

Sec. 16. [Expenditures after July 1, 1915, limited to specific appropriations-To be paid out of reclamation fund.]-That from and after July first, nineteen hundred and fifteen, expenditures shall not be made for carrying out the purposes of the reclamation law except out of appropriations made annually by Congress therefor, and the Secretary of the Interior shall, for the fiscal year nineteen hundred and sixteen, and annually thereafter, in the regular Book of Estimates, submit to Congress estimates of the amount of money necessary to be expended for carrying out any or all of the purposes authorized by the reclamation law, including the extension and completion of existing projects and units thereof and the construction of new projects. The annual appropriations made hereunder by Congress for such purposes shall be paid out of the reclamation fund provided for by the reclamation law. (38 Stat. 690.)

Textual note. The substance of this section is codified as section 414, title 43, United States Code.

NOTES

Use of reclamation fund.-Moneys in the reclamation fund arising from operation and maintenance charges, regardless of date of payment or collection thereof, can be made available for expenditure only in accordance with provisions of section 16 of act of August 13, 1914. (27 Comp. Dec. 849.)

Use of appropriation.-Work done under contracts before the date expenditures from the reclamation fund are prohibited may be paid from said fund thereafter if the physical act of payment alone then remains to be done, but work done after the prohibited date may not be paid from said fund. (21 Comp. Dec. 313.)

The requirement of annual estimates and appropriation imposes a limitation which will not permit the use of the next fiscal year appropriation to continue work under contracts extending over several fiscal years after the funds for the current fiscal year are exhausted. (21 Comp. Dec. 828.)

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Under an annual appropriation available for the construction of an irrigation dam the acceptance of a proposal for delivery of material therefor during a period of 3.5 fiscal years is not authorized unless such entire quantity is needed on the particular job and the appropriation available at the time the contract is made is adequate for the entire purchase. A proposal may be accepted for delivery of material needed during the current fiscal year on such a project with an option in favor of the Government to purchase at a stipulated price, subject to appropriations therefor being made, the quantity of material needed during succeeding fiscal years in the event advertisements for proposals at the beginning of such fiscal years should fail to secure proposals lower than the option price. (9 Comp. Gen. 6.)

The act of August 13, 1914 (38 Stat. 690), provides that from and after July 1, 1915, expenditures should not be made for carrying out the purposes of the reclamation laws except out of appropriations made annually from the reclamation fund. The effect of this law is to place the same fiscal-year limitations as are applicable to regular annual appropriations on funds in the reclamation fund under which expenditures for the Bureau of Reclamation are made. The practice of attempting to contract for indefinite periods of time contrary to law should be corrected. The contracts should be on an annual basis and within the current annual appropriations, except that in cases of leases or contracts for proprietary rights the agreement may be for the fiscal year in which the contract is made with option in the Government to renew from year to year thereafter. (Comp. Gen. dec. A-27004, dated May 22, 1929.) Comptroller General's decisions of April 9, 1929, and May 6, 1929 (A-26063) were to the same effect.

Authority to make contracts.-An express authority to make contracts is not divested by a subsequent change from permanent to annual appropriations for the subject matter of the contracts. (21 Comp. Dec. 447.)

See note under section 2 of the act of February 21, 1911, on this subject. Eight-hour law. The eight-hour law of June 19, 1912 (37 Stat. 137), which provides for a penalty of $5 per day for each laborer working in excess of eight hours upon construction contracts or materials under special specifications, the same to be deducted from the monthly estimates of the contractor, is effective in regard to work of the Reclamation Service (Bureau of Reclamation) since the service was put upon an annual appropriation basis by the act of August 13, 1914 (38 Stat. 686). Prior to that time the act did not apply to the work of the Reclamation Service (Bureau of Reclamation). (Comp. Dec., June 8, 1915.)

Necessity of determining practicability of project.-Section 16 of the act of August 13, 1914, did not relieve the Secretary of the Interior of the duty imposed by section 2 of the act of June 17, 1902, to report at each session of Congress "all facts relative to the practicability of each irrigation project," nor did it relieve him of the duty imposed by section 4 of the act of June 17, 1902, to determine the practicability of irrigation projects before the letting of contracts. (34 Op. Atty. Gen., 545.)

Circular letters.-No. 350, August 12, 1914, on estimates of expenditures.

No. 423, January 22, 1915, in reference to comptroller's decision regarding contracts.

No. 430, January 27, 1915, on appropriation and fund accounting.

No. 542, February 28, 1916, in reference to contracts extending beyond fiscal year.

Miscellaneous. See sundry civil appropriation act of March 3, 1915 (38 Stat.

860).

Chronological list by projects of appropriations.-Since the Reclamation Service (Bureau of Reclamation) was placed upon an annual appropriation basis by section 16, act of August 13, 1914, the following appropriations have been made: