314

INTERIOR DEPARTMENT APPROPRIATION ACT, 1926

settlement of the Kittitas division of the Yakima project. The First Assistant Secretary held, however, that the Secretary might make a supplemental agreement with the State, limiting the expenditure of the State to $75,000, which amount is in proportion to the land still to be developed.

Delegation of authority to approve land sales on reclamation projects.-The judgment and discretion reposed in the Secretary of the Interior by an act of Congress must be exercised by him. He cannot delegate the approval of the purchase price on land sales to a subordinate, but the administrative method may be simplified by fixing a maximum amount for similar lands and authorizing approval of prices up to and including this amount. (Opinion of the Solicitor approved by First Assistant Secretary, Oct. 20, 1931 (construing an Indian act, approved June 7, 1924, 47 Stat. 475-476, containing provisions similar to the foregoing).)

H

YUMA PROJECT, COLORADO RIVER LEVEE SYSTEM

[Extract from] An act authorizing the construction, repair, and public works on rivers and harbors, and for other purposes. ch. 467, 43 Stat. 1186)

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preservation of certain (Act March 3, 1925,

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Sec. 16. [Reclamation fund to be reimbursed for work on Colorado River adjacent to Yuma project-Transfer to reclamation fund of amount for levee work, fiscal year 1926-Annual amount authorized for maintaining Colorado River levee.]-(a) That there is hereby authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, the sum of $650,000, or so much thereof as may be necessary, to reimburse the reclamation fund for the benefit of the Yuma Federal irrigation project in Arizona and California for all costs, as found by the Secretary of the Interior, heretofore incurred and paid from the reclamation fund for the operation and maintenance of the Colorado River front work and levee system adjacent to said project.

(b) That there is hereby authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, the sum of $50,000, or so much thereof as may be necessary, to be transferred to the reclamation fund and to be expended under the direction of the Secretary of the Interior for the purpose of paying the operation and maintenance costs of said Colorado River front work and levee system adjacent to said Yuma project, Arizona-California, for the fiscal year ending June 30, 1926. (c) That there is hereby authorized to be appropriated out of any moneys in the Treasury of the United States not otherwise appropriated, for the fiscal year ending June 30, 1927, and annually thereafter the sum of $35,000, or so much thereof as may be necessary, as the share of the Government of the United States of the costs of operating and maintaining said Colorado River front work and levee system. (43 Stat. 1198.)

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NOTES

Cross reference. See also act of July 3, 1926 (44 Stat. 841, 857), making appropriations for above purpose.

Act of January 21, 1927 (44 Stat. 1010, 1021), repeals (c) of above section and authorizes the annual appropriation of $100,000, or so much as necessary, for defraying the cost of Colorado River front work.

COLUMBIA RIVER COMPACT

An act to permit a compact or agreement between the States of Washington, Idaho, Oregon, and Montana respecting the disposition and apportionment of the waters of the Columbia River and its tributaries, and for other purposes. (Act March 4, 1925, ch. 534, 43 Stat. 1268)

[Sec. 1. Apportionment of water supply among States-Federal representative-Congressional and State approval required.]-Whereas the Columbia River and its tributaries are interstate streams having their sources in a drainage area of approximately 250,000 square miles, said streams flowing through the States of Montana, Idaho, Washington, and the Columbia River forming the boundary between the States of Washington and Oregon; and

Whereas the above-named States are vitally interested in the possible development of the Columbia River and its tributaries for irrigation, power, domestic and navigation uses; and

Whereas the Secretary of the Interior, in a letter to the President dated December 11, 1924, has pointed out that plans for future reclamation development must take into consideration the needs of the States and the water-right problems of interstate streams and stated that efforts to reach an agreement for the economic apportionment of water of interstate streams by the States concerned "have the cordial approval and support of this department"; and Whereas it is desirable that a compact for the economic apportionment of the water of the Columbia River and its tributaries for irrigation, power, domestic, and navigation purposes, entered into by and between the said States of Montana, Idaho, Oregon, and Washington, and that the interests of the United States be considered in the drawing of said compact, by authorized representatives of each of said States and of the United States: Now, therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That consent of Congress is hereby given to the States of Washington, Idaho, Oregon, and Montana to negotiate and enter into a compact or agreement not later than January 1, 1927, providing for an equitable division and apportionment among said States of the water supply of the Columbia River and of the streams tributary thereto, upon condition that two suitable persons, who shall be appointed by the President of the United States, one from the Department of the Interior and one from the War Department, shall participate in said negotiations as the representatives 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 any of the parties thereto unless and until

COLUMBIA RIVER COMPACT

317

the same shall have been approved by the legislature of each of said States and by the Congress of the United States. (43 Stat. 1268.) Sec. 2. [Right to amend reserved.]—The right to alter, amend, or repeal this act is herewith expressly reserved. (43 Stat. 1268.)

NOTES

Cross references.-See act of April 13, 1926 (44 Stat. 247), extending this act and authorizing an appropriation of not to exceed $25,000 for completing investigations as to feasibility, etc., and related problems on Columbia River; and act of March 3, 1927 (44 Stat. 1403), extending the provisions of the two acts to December 31, 1930.

By act of June 29, 1932, the time is further extended to January 1, 1935.

PAYMENT OF ADJUSTED COMPENSATION AND FURNISHING QUARTERS, ETC., TO EMPLOYEES

[Extract from] An act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1927, and for other purposes. (Act March 2, 1926, ch. 43, 44 Stat. 136)

TITLE I-TREASURY DEPARTMENT

Sec. 2. [Field employees to be paid adjusted compensation.]-Those civilian positions in the field services under the several executive departments and independent establishments, the compensation of which was fixed or limited by law but adjusted for the fiscal year 1925 under the authority and appropriations contained in the act entitled "An act making additional appropriations for the fiscal year ending June 30, 1925, to enable the heads of the several executive departments and independent establishments to adjust the rates of compensation of civilian employees in certain of the field services," approved December 6, 1924, may be paid under the applicable appropriations for the fiscal year 1927 at rates not in excess of those permitted for them under the provisions of such act of December 6, 1924. (44 Stat. 161.)

Sec. 3. [Quarters, etc., to be furnished field employees-Appropriations available Value considered part of compensation.]-The head of an executive department or independent establishment, where, in his judgment, conditions of employment require it, may continue to furnish civilians employed in the field service with quarters, heat, light, household equipment, subsistence, and laundry service; and appropriations for the fiscal year 1927 of the character heretofore used for such purposes are hereby made available there for: Provided, That the reasonable value of such allowances shall be determined and considered as part of the compensation in fixing the salary rate of such civilians. (44 Stat. 161.)

Textual note.-Section 3 above is codified as section 75a. title 5, United States Code. In the code the words after the semicolon down to the proviso read as follows: "and appropriations of the character used before March 5, 1928, for such purposes are hereby made available therefor."

NOTES

Regulations.-See 5 Comp. Gen. 957, dated June 3, 1926 (A-12324), interpreting section 3 of this act. This decision requires an adjustment of field pay, and the determination of deductions for subsistence, etc., on the basis of the reasonable value thereof to employees. (See C. L. 1547, June 18, 1926.)

C. L. 1593, January 4, 1927, relates to rental of cottages, etc., to employees. Quarters of leave without pay employees. In case an employee is on leave without pay the established value of the quarters or equipment furnished during the leave period should be deducted from any sums due or which may become due the employee. Where the quarters are entirely vacated by the employee during the period and they are available for other assignment, no deduction should be made for their value; but if such quarters are reserved for the employee during his absence, deduction should be made as if the quarters were actually occupied by him. (5 Comp. Gen. 999.)