4 construction charge for the calendar year 1931, and in lieu of the installments payable under existing contracts, may pay their regular installments of construction charges for the calendar year 1932 on the same basis as that authorized in section 1 hereof for districts, associations, and other water-users' organizations. NOTES Application form for acceptance of the provisions of this section is set forth in C. L. 1995. See also C. L. 2000. C. L. 2044 relates to rate of interest under amendatory act of March 3, 1933. C. L. 2060 supplements C. L. 2044. Nonconsenting landowners.-In opinion M-27124 dated July 25, 1932, approved by the Department the same date, the Solicitor held that nonconsenting landowners are entitled to the benefits of the act of April 1, 1932 (re Garland division, Shoshone project). SEC. 3. [Uncompahgre project relief act of 1931, and Grand Valley project 1931 act relating to development of power amended.]-The act of Congress approved January 31, 1931, entitled "An act for the relief of the Uncompahgre reclamation project, Colorado" (Private, Numbered 300, Seventy-first Congress), is hereby amended to extend for one year from and after January 1, 1932, the time for beginning construction of drainage system upon the Uncompahgre project, and any and all construction charges accruing upon or for said project for or during the year 1932, shall be deferred and included in and made payable as a part of the project supplemental construction charge provided for in said act of January 31, 1931; and in order to afford opportunity to complete the construction authorized by the act of Congress approved February 21, 1931 (Public, Numbered 708), relating to the Grand Valley reclamation project, Colorado, any and all construction charges accruing upon or for said project for or during the year 1932 shall be deferred and shall be included in and made payable as project supplemental construction charges under the terms as provided in this act. NOTES Amendment. This section was amended by act approved March 3, 1933. (See page 36.) Cross reference. The acts referred to in the above section are published respectively, at pages 404 and 418 of Federal Reclamation Laws Annotated, 1931 edition. Construction charges, Grand Valley project. By departmental decision M-27214 of October 5, 1932, it was held that the 1931 and 1932 construction charges on the Grand Valley project could be extended under section 1 of the act of April 1, 1932, and made repayable as provided in section 4 of the act, the charges extended to bear interest at the rate of 5 percent per annum, payable annually, in accordance with the departmental determination under section 1 of the act. But see the amendatory act of March 3, 1933, and C. L. 2044 and C. L. 2060 issued in pursuance thereto. SEC. 4. [Resumption of payment of charges-Contracts pursuant to Warren Act, Extension Act, Adjustment Act, subsection F, section 4, Fact Finders' Act.]-At the expiration of the period for which deferment of charges is made under this act, all districts, water-users' associations, or other water-users' organizations, and all individuals. accepting the provisions hereof shall resume payment of charges on the basis of and in accordance with existing contracts and shall continue payments thereafter until the entire indebtedness of said dis 5 tricts, water-users' associations, or other water-users' organizations, and individuals to the United States shall have been fully paid. In the case of a district, water-users' association, or other water-users' organization, or individual having contracts executed pursuant to the act of February 21, 1911 (36 Stat. 925), the act of August 13, 1914 (38 Stat. 686), or the act of May 25, 1926 (44 Stat. 636), or any special act the deferred construction installment or installments for the calendar year 1931, and that portion of the 1932 installment or installments deferred, together with the installment or installments of deferred construction and/or operation and maintenance for 1931 and 50 per centum of the installment and/or installments of such deferred charges for 1932, shall be paid as an additional installment to be due and payable one year after the date the last installment under existing contracts shall become due, except in those cases in which the Secretary of the Interior, whose decision shall be final, shall find necessary additional installments, which he is hereby authorized to fix. In the case of any district, water-users' association, or other water-users' organization, or individual under contract for payment of construction charges pursuant to subsection F, section 4, act of December 5, 1924 (43 Stat. 702), construction payments shall be continued on the basis of existing contracts until the entire indebtedness to the United States, including all charges deferred pursuant to this act, shall have been fully paid. Installments so carried over shall be subjected to the reductions provided for in section 8 hereof. NOTE Deferred construction installments.-Section 4 provides that the deferred amounts of the 1931 and 1932 construction installments shall be paid as an additional installment to be due and payable 1 year after the last installment under existing contracts comes due. Letter from the First Assistant Secretary to Senator Frederick Steiwer dated April 11, 1932, construing this section in connection with an inquiry from the Westland irrigation district, Umatilla project, stated: "I am of the opinion that the language 'shall be paid' means 'shall at the latest be paid', etc. In other words, there is nothing in the statute which prohibits an earlier payment of such deferred amounts, and the district may desire to make earlier payment, since the deferred amounts carry interest at the rate of 5 percent per annum, which is the rate fixed by the Department under the act." The interest rate was changed by act of March 3, 1933. (See C. L. 2044.) See note on page 3 captioned "Construction charges, Grand Valley project.” SEC. 5. [Secretary may permit adjustment of charges.]-The Secretary of the Interior, in his discretion, and upon acceptance of the provisions of this section by the water users affected, in the manner provided in sections 1 and 2 hereof, may permit adjustment of construction and/or operation and maintenance charges heretofore deferred by contracts made pursuant to existing law to be made for the years 1931 and 1932 on the basis authorized in sections 1 and 2 hereof or on such other basis as the Secretary may find to be required in each case. SEC. 6. [Deferment of 1930 construction and O. and M. charges.]The Secretary of the Interior, in his discretion, is further authorized to defer the payment to the United States from any water users' organization, as defined in section 1 hereof and from any individual water-right applicant or entryman of construction charges and 6 installments of deferred construction and/or deferred operation and 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. NOTE 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. NOTE 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 and are adjusted under sections 1, 2, and 4 of this act) and pen 7 alties 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. NOTES 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." NOTE Amendment.-Section 2 of the act of March 3, 1933, amends the last line of the above section by substituting "1936" for "1934." 8 SPECIAL PROVISIONS OF THE INTERIOR DEPARTMENT [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) * * * * BUREAU OF RECLAMATION 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 |