Federal projects, or (2) the making of loans or grants, or both, to States, Territories, possessions, political subdivisions, or other public bodies (herein called public agencies), or (3) the construction and leasing of projects, with or without the privilege of purchase, to any such public agencies: Provided, That no funds appropriated under this title shall be available for the acquisition of ing Indian Reserland to enlarge Indian Reservations. (b) No funds appropriated under this title shall be allotted for any project which in the determination of the Administrator cannot be commenced prior to January 1, 1939, or the completion of which cannot be substantially accomplished prior to June 30, 1940: Provided, That this limitation upon time shall not apply to any project enjoined in any Federal or State court. Proviso. Use for enlarg. vations forbidden. Time limitations. Proviso. Allocations for Federal construc Classes. (c) Under subsection (a) (1) of this section not to exceed $200,000,000 shall be allotted to Federal agencies tion projects. for Federal construction projects (including projects for making surveys and maps, not exceeding $2,500,000) in continental United States outside the District of Columbia, and such projects shall be selected from among the following classes: (1) Projects authorized by law and for the acquisition of land for sites for such authorized projects; (2) projects for the enlargement, extension, or remodeling of existing Federal plants, institutions, or facilities; (3) projects for hospitals and domiciliary facilities of the Veterans' Administration (including the acquisition of land for sites therefor) and any such allotments shall be available for the purposes and under the conditions specified in the appropriation for "Hospitals and domiciliary facilities" in the Independent Offices Appropriation Act, 1939; and (4) projects for penal and correctional facilities under the Department of Justice, including the acquisition of land for sites therefor: Provided, That not to exceed $15,000,000 of such allotments shall be made for military or naval naval purposes. purposes except for the housing or hospitalization of personnel or for storage of material, supplies, and equipment at existing establishments. Proviso. Grants for nonFederal projects, amount. (d) No grant shall be made in excess of 45 per centum of the cost of any non-Federal project, and no project limitation on shall be constructed for lease to any public agency unless the Administrator shall determine that the nonrecoverable portion of the cost of such project shall not exceed 45 per centum of the cost thereof. (e) Not more than $750,000,000 of the funds appropriated under this title shall be used for grants, or for defraying the estimated nonrecoverable portion of the cost of projects constructed for lease to public agencies. (f) Not more than $15,000,000 of the appropriation in this title shall be available for administrative expenses of the Administration during the fiscal year ending June 30, 1939; such amount and the amount made available structed for lease to public agencies, Projects con limitation. Administrative expenses. Ante, p. 434. tions rescinded. in the Independent Offices Appropriation Act, 1939, for administrative expenses for the Federal Emergency Administration of Public Works shall be available for administrative expenses thereof during such fiscal year for the purposes and under the conditions set forth in such Act for such Administration, except that the condi Certain condition therein that such administrative expenses are in "connection with the liquidation of said Administration" is hereby rescinded and both amounts are hereby made available, in addition to the other purposes, for the purchase and exchange of motor-propelled passengercarrying vehicles for official use in field work and in the District of Columbia in a total amount not to exceed $75,000 but not more than $1,500 thereof shall be so expended for such purchase and exchange for use in such Administrative District. And the Administrator shall reserve from the appropriation in this title an adequate amount for administrative expenses of the Administration for the fiscal year ending June 30, 1940, for the completion (except liquidation) of the activities of such Administration, subject to authorization hereafter by annual appropriation acts for the utilization thereof. expenses for fiscal year 1940. Funds from sale of securities, etc., use of portion for making further loans. Work forbidden unless funds for cated; exceptions. (g) Not more than $400,000,000 may be used, from the moneys realized from the sale of securities acquired with funds made available by this title or with the proceeds of such securities, for the making of further (h) No Federal construction project, except flood completion allo control and water conservation or utilization projects now under actual construction, shall be undertaken or prosecuted under the appropriation in this title unless and until there shall have been allocated and irrevocably set aside Federal funds sufficient for its completion; and Non-Federal no moneys for a non-Federal project shall be paid from the funds made available by this title to any public agency unless and until adequate provision has been made, or in the opinion of the Administrator is assured, for financing such part of the entire cost thereof as is not to be supplied from Federal funds. projects. Continuation of Administration SEC. 202. The Federal Emergency Administration of to June 30, 1941. Public Works is hereby continued to the close of the fiscal year ending June 30, 1941, and is hereby authorized to continue to perform all functions which it is authorized Provisions of to perform on the date of enactment hereof. All provi law extended. sions of law existing on the date of enactment hereof, and relating to the availability of funds for carrying out any of the functions of such Administration are hereby continued to the end of such fiscal year, except that the 49 Stat. 160s, 50 date specified in the Emergency Relief Appropriation Stat. 357. Act of 1936, as amended by section 201 of the Public Works Administration Extension Act of 1937, prior to which, in the determination of the Administrator, projects for which moneys made available by such Act were authorized to be granted, can be substantially completed is hereby changed from "July 1, 1939" to "July 1, 1940". SEC. 203. That portion of section 203 of the Public Works Administration Extension Act of 1937, which reads as follows, is hereby repealed: "; and after the date of the enactment of this joint resolution no allotment shall be made by the Administrator for any project the application for which has not been approved by the examining divisions of the Administration prior to such date". SEC. 204. Section 206 of the Public Works Administration Extension Act of 1937 is hereby amended to read as follows: plications; provision repealed. Approval of ap 50 Stat. 357. 50 Stat. 358. Loans or grants for non-Federal itation on new applications. Proviso. Exceptions. "SEC. 206. No new applications for loans or grants for non-Federal projects shall be received by the Admin- projects; time limistration after September 30, 1938: Provided, That this section shall not apply to applications amendatory of applications for projects received prior to October 1, 1938, and such applications shall be confined to projects, which, in the determination of the Administrator, can be started and completed within the time limits specified in section 201 (b) of the Public Works Administration Appropriation Act of 1938." SEC. 205. This title may be cited as the "Public Works Administration Appropriation Act of 1938". Short title. CHAP. 653.-An Act To amend section 23 of the Act to create the California Débris Commission, as amended. June 25, 1938 [H. R. 9881] [Public, No. 716] Vol. 52, p. 1040. California Débris Commission. 27 Stat. 510; 48 Stat. 1118. 33 U.S. C. §683. Contracts to supply storage for Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 23 of the Act approved March 1, 1893, entitled "An Act to create the California Débris Commission and regulate hydraulic mining in the State of California", as amended by the Act approved June 19, 1934, is hereby further amended by adding at the end thereof the following: "The Secretary of War is authorized to enter into contracts to supply storage for water and use of outlet facilities from débris storage reservoirs, water, etc., for domestic and irrigation purposes and power development upon such conditions of delivery, use, and payment as he may approve: Provided, That the moneys received from such contracts shall be deposited to the credit of the reservoir project from which the water is supplied, and the total capital cost of said reservoir, which is to be repaid by tax on mining operations as herein provided, shall be reduced in the amount so received." Approved, June 25, 1938. thorized. au Proviso. ceipts from con tracts. Reduction of total capital cost. June 25, 1938 [H. R. 10851] [Public, No. 723] Vol. 52, pp. 1114, 1153, 1154, 1162. Second Defi ciency Appropria tion Act, fiscal year 1938. General appropriations. CHAP. 681.-An Act Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1938, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1938, and June 30, 1939, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1938, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1938, and June 30, 1939, and for other purposes, namely: TITLE I-GENERAL APPROPRIATIONS * Louisville & Nashville Rail damage claim. CORPS OF ENGINEERS Claims for damages, river and harbor work: To pay road Company, claim for damages under river and harbor work adjusted and determined by the War Department under the provision of section 9 of the River and Harbor Act, 33 U. S. C. § 561. approved June 5, 1920 (33 U. S. C. 564), as set forth in House Document Numbered 680, Seventy-fifth Congress, $1,051. 41 Stat. 1015. Flushing Bay, N. Y. Ante, p. 669. Flood control, Mississippi River and tributaries. Ante, p. 809. Ante, p. 671. Proviso. Conditional authorization. Post, p. 1220. Flushing Bay, New York: For improvement in accordance with Senate Commerce Committee Document, Seventy-fifth Congress, third session, $194,000, payable from the appropriation for rivers and harbors contained in the War Department Civil Appropriation Act, 1939. Flood control, Mississippi River and tributaries: The Secretary of War, upon approval by the President, is authorized to transfer not to exceed a total of $6,000,000 from the sum of $18,000,000 made available by the War Department Civil Appropriation Act, 1939, from the appropriation in section 1 (1) of the Emergency Relief Appropriation Act of 1938, to the appropriation contained in such War Department Civil Appropriation Act, 1939, for "Flood control, Mississippi River and tributaries": Provided, That such authorization for transfer of funds shall not become effective unless and until there is enacted into law the provisions under the heading "Lower Mississippi River" contained in H. R. 10618, Seventy-fifth Congress, entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes". SEC. 206. No part of any appropriation contained in this Act or authorized hereby to be expended shall be obligated during the fiscal year ending June 30, 1939, to pay the compensation of any officer or employee of the Government of the United States, or of any agency the majority of the stock of which is owned by the Government of the United States, whose post of duty is in continental United States unless such person is a citizen of the United States, or a person in the service of the United States on the date of the enactment of this Act who being eligible for citizenship has filed a declaration of intention to become a citizen which is valid and has not expired or who owes allegiance to the United States. Citizenship re quirements. " "Declaration of intention," term Ante, pp. 289, 435, 148. SEC. 207. The term "declaration of intention" as it appears in section 3 of the State, Justice, Commerce, construed. and Labor Appropriation Act, 1939, section 5 of the Independent Offices Appropriation Act, 1939, and section 5 of the Treasury and Post Office Appropriation Act, 1939, shall be construed to be a declaration of intention which is valid and has not expired. SEC. 208. This Act may be cited as the "Second Deficiency Appropriation Act, fiscal year 1938." Approved, June 25, 1938. Short title. June 25, 1938 [S. 4041] CHAP. 683.-An Act Granting the consent of Congress to the State of New Jersey and the Commonwealth of Pennsylvania to enter into compacts or agreements with respect to constructing, [Public, No. 725] Vol. 52, p. 1163. maintaining, and operating a vehicular tunnel under the Delaware River. Compact be Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to the State tween New Jersey and Pennsylof New Jersey, through the Gloucester County Tunnel vania. Commission, and the Commonwealth of Pennsylvania, to, for tunnel conConsent given through the Delaware County (Pennsylvania) Author- struction, operaity, to enter into compacts, agreements, or contracts pro- Delaware River. viding for the construction, maintenance, and operation of a vehicular tunnel under the Delaware River between Gloucester County, in New Jersey, and Delaware County, in Pennsylvania, by either such commission or authority, or by both, acting jointly. tion, etc., under Application of SEC. 2. The authority granted by this Act shall be existing laws. subject to all existing laws with respect to the issuance of permits for the construction of tunnels under navigable rivers. Approved, June 25, 1938. |