June 3, 1926. [H. R. 7889.] Public, No. 328.] CHAP. 457.-An Act To regulate subsistence expenses of civilian officers and employees while absent from their designated posts of duty on official business. Be it enacted by the Senate and House of Representatives Subsistence Ex of the United States of America in Congress assembled, That this Act may be cited as the "Subsistence Expense Act of 1926." pense Act of 1926. Meaning of terms. "Departments and establishments." "Subsistence." "Actual expenses." "Per diem allowance." Actual expenses allowed civilians traveling on official business away from posts. Per diem allowance instead actual expenses. SEC. 2. When used in this Act The term "departments and establishments" means any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including the municipal government of the District of Columbia. The term "subsistence" means lodging, meals, and other necessary expenses incidental to the personal sustenance or comfort of the traveler. The term "actual expenses" means the actual amounts necessarily expended by the traveler for subsistence and itemized in accounts for reimbursement. The term "per diem allowance" means a daily flat rate of payment in lieu of actual expenses. SEC. 3. Civilian officers and employees of the departments and establishments while traveling on official business and away from their designated posts of duty shall be allowed their actual necessary expenses in an amount not to exceed $7 each for any one calendar day. SEC. 4. The heads of departments and establishments, of in lieu of the actual expenses authorized by section 3, may prescribe a per diem allowance not to exceed $6 for any one calendar day or portions thereof for absences of less than twenty-four hours. Actual expense allowance to ci States. SEC. 5. Civilian officers and employees of the departvilians traveling ments and establishments while traveling on official outside United business beyond the limits of the continental United States shall be allowed their actual expenses in an amount to be prescribed by the heads of departments and establishments not to exceed an average of $8 per day during the travel, exclusive of absence on leave. Rates for travel within continen Actual expenses and per diem allowance under this tal United States. section for any travel performed within the limits of continental United States shall be in accordance with the rates prescribed in sections 3 and 4 of this Act. Per diem instead of actual expenses. Regulations to SEC. 6. The heads of departments and establishments may prescribe a per diem allowance of not to exceed $7, in lieu of the actual expenses authorized by section 5. SEC. 7. The allowance and payment of actual expenses be promulgated. and the fixing and payment of per diem allowance, or portions thereof, shall be in accordance with regulations which shall be promulgated by the heads of departments and establishments and which shall be standardized as far as practicable, and shall not be effective until approved by the President of the United States. Advances permitted to persons entitled. SEC. 8. The heads of departments and establishments, under regulations which shall be prescribed by the Secretary of the Treasury for the protection of the United States, may advance through the proper disbursing officers from applicable appropriations to any person entitled to actual expenses or per diem allowance under this Act such sums as may be deemed advisable considering the character and probable duration of the travel to be performed. Any sums so advanced shall be recovered from the person to whom advanced, or his estate, by deduction from any amount due from the United States or by such other legal method of recovery as may be necessary. Recovery. Repeal or modi SEC. 9. All laws or parts of laws which are inconsistent with or in conflict with the provisions of this Act except fication of inconsuch laws or parts of law as specially fix or now permit rates higher than the maximum rates established in this Act are hereby repealed or modified only to the extent of such inconsistency or conflict. SEC. 10. This Act shall not be construed to modify or repeal the Act providing for the traveling expenses of the President of the United States or any Acts (including appropriations for the fiscal year 1927) specifically fixing or permitting mileage rates for travel and/or subsistence expenses. Traveling ex penses of the Pres ident, and specific sistence rates, not mileage and sub affected. railway postal SEC. 11. This Act shall not be construed to modify or Per diem to repeal the per diem travel allowances granted railway clerks, not af. postal clerks, acting railway postal clerks, and substitute fected. railway postal clerks in section 7, Title I, of the Act approved February 28, 1925 (Forty-third Statutes, page 1062). Inconsistent for fiscal year 1927, SEC. 12. Appropriations for the fiscal year 1927 which provisions of apcontain specific rates of actual expenses or per diem propriations allowance inconsistent with the rates permitted by this modified. Act are hereby modified to the extent required to permit the application of the provisions of this Act to such appropriations. SEC. 13. This Act shall take effect on July 1, 1926, but any increases deemed necessary to be made in the rates of actual expenses or per diem allowance under the authority of this Act shall not be authorized by heads of departments and establishments to the extent of incurring a deficiency in appropriations available for the payment thereof during the fiscal year 1927. Approved, June 3, 1926. Effective July 1, 1926. Increases not to incur deficiency. CHAP. 622.-An Act To provide for the storage of the waters of the Pecos River. June 18, 1926. [H. R. 3862.] [Public, No. 404.] Vol. 44, pp. 753, 754. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in accordance with the provisions of the Act of June 17, 1902 (Thirty-second Statutes at Large, page Project, Tex. Red Bluff Fed. eral Irrigation Pecos River au- Reservoir on 388), and Acts amendatory thereof or supplementary thereto, except as the same are modified herein, the Secretary of the Interior is hereby authorized and empowered to construct the Red Bluff Federal Irrigation Project, consisting of a reservoir upon the Pecos River, sufficient in size for the irrigation of not exceeding forty thousand acres of land in the State of Texas, which reservoir shall be located at a point where it will impound the flood waters of Delaware Creek and Black River, and shall be provided with all necessary incidental works for the operation of the same. Right to use water from Pecos Avalon Dam, not allowed hereby. SEC. 7. In the event that any irrigation works are conRiver in New structed under the authorization contained in this Act, Mexico, above neither the United States, the State of Texas, nor any of the parties for whose benefit said works are to be constructed shall at any time hereafter have or claim, or attempt in any manner to acquire, any right to the use in the State of Texas of any water which shall flow in the Pecos River, or any of its tributaries, in New Mexico at or above the Avalon Dam, except such of said water as may not at any time be used or diverted from or above said dam: Provided, That nothing in this section shall be construed to curtail the quantity of water to which present users in Texas may now be lawfully entitled: And provided further, That no construction under this Act shall begin until the State of Texas, through legislative act, signed and approved by the governor of said State, shall have agreed to the provisions of this section. Approved, June 18, 1926. Promisos. Right of present users not cur tailed. No construction section agreed to work until this by Texas. June 26, 1926. [S. 3545.] CHAP. 695.--An Act To amend an Act entitled "An Act to provide compensation for employees of the United States suffering [Public, No. 432.1 injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, and Acts in amendment thereof. Vol. 44, p. 772. Injuries to Gov ernment employ ees. amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Vol. 39, p. 743, That section 9 of the Act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, and Acts in amendment thereof, is amended to read as follows: * * * * * [NOTE.-In view of its accessibility in other publications the text of this Act is not included in this compilation.] June 30, 1926. [S. 2826.] [Public, No. 442.]. Vol. 44, p. 779. Walker River, Nev Amount author. ized for reconnaisCanyon on the, as to feasibility, etc., tion, etc. sance in Schurz of dams for irriga CHAP. 714.-An Act To investigate and determine the feasibility of the construction of an irrigation dam on Walker River, Nevada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, For reconnaissance work in Schurz Canyon, on the Walker River, State of Nevada, to determine to what extent the water supply of the river can be augmented and conserved by the impounding of its said waters, and to determine if there is a feasible reservoir site, or sites, available for the storage of such waters and for securing information concerning the feasibility of the construction of the necessary dam, or dams, and appurtenant structures, and for the purpose of determining the amount necessary for the purchase and acquisition of necessary lands and rights of way in connection with the construction of said dam or dams and appurtenant structures, which are proposed in order to provide water for irrigation purposes, the sum of $10,000, or so much thereof as may be necessary, is hereby authorized to be appropriated. Said sum, or any part thereof that may be adopted. expended for this work, shall be reimbursable if and when the project referred to is adopted for construction by the United States or other agency and in accordance with the terms of such adoption of the project. Approved, June 30, 1926. Reimburse ment, if project for construction CHAP. 726.-An Act To authorize the Secretary of War to grant an easement to the city of New York, State of New York, to the land and land under water in and along the shore of the narrows and bay adjoining the military reservation of Fort Hamilton in said State for highway purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he hereby is, authorized to grant to the city of New York, in the State of New York, subject to the conditions mentioned in section 2 of this Act, an easement in the land and land under water in and along the shore of the narrows and bay adjoining the military reservation of Fort Hamilton in said State, for the purpose of extending the public highway known as Shore Road, in the Borough of Brooklyn, as the same is located and laid out on the map or plan of said city and in accordance with the plan thereof shown upon the map approved by the board of estimate and apportionment of said city on the 25th day of February, 1926. The land and lands under water included in this easement are more particularly described as follows: Beginning at a point on the prolongation of the southeastern boundary of the United States Military Reservation at Fort Hamilton, New York, which point is distant one thousand nine hundred and fifty-seven and sixty four one-hundredths feet from the southwest line of Cropsey Avenue, measured along the boundary of the military reservation and the southeasterly line of Bay Second Street; thence south thirty-eight degrees twentyfour minutes forty-three and thirty-nine one-hundredths seconds west, along the southeasterly boundary of United States lands under water, one hundred and eightyfour and eighty-two one-hundredths feet; thence south eighty-five degrees twenty minutes seven and seventythree one-hundredths seconds west, seven hundred and sixty and twelve one-hundredths feet; thence westerly, on a curve having a radius of one thousand three hundred and eighty-eight and forty-two one-hundredths feet, a distance of nine hundred and ninety-four and sixty-six one-hundredths feet; thence, northwesterly on a curve having a radius of four thousand and ninety-five and sixty-four one-hundredths feet, a distance of nine hundred and eighty-six and seventy-two one-hundredths feet; thence northwesterly on a curve having a radius of two thousand two hundred and eighty-two and eighty-four one-hundredths feet, a distance of five hundred and eighteen and fifty-six one-hundredths feet; thence north twenty-six degrees forty-seven minutes fifty-eight and seventy-two one-hundredths seconds west tangent to the last-mentioned course three hundred and twenty-three and sixty-nine one-hundredths feet to a point on the northwesterly boundary of United States lands under water, which point is nine hundred and sixty-eight feet distant from the southerly side of One hundred and first Street, on a line at right angle to One hundred and first Street from a point one hundred and nineteen and seventeen one-hundredths feet northwesterly from the intersection of the westerly line of Fort Hamilton Parkway with the southerly line of One hundred and first Street; thence north sixty-three degrees twelve minutes one and twenty-eight one-hundredths seconds east along the boundary of United States lands one hundred and thirtyfive feet; thence south twenty-six degrees forty-seven minutes fifty-eight and seventy-two one-hundredths seconds east, three hundred and twenty-three and sixtynine one-hundredths feet; thence southeasterly on a curve having a radius of two thousand one hundred and forty-seven and eighty-four one-hundredths feet, a distance of four hundred and eighty-seven and eightynine one-hundredths feet; thence southeasterly on a curve having a radius of three thousand nine hundred and sixty and sixty-four one-hundredths feet, a distance of nine hundred and fifty-four and twenty one-hundredths feet; thence easterly on a curve having a radius of one thousand two hundred and fifty-three and forty-two onehundredths feet, a distance of eight hundred and ninetyseven and ninety-four one-hundredths feet; thence north eighty-five degrees twenty minutes seven and seventy |