INTERIOR DEPARTMENT APPROPRIATION ACT, 1932 485

EXPLANATORY NOTES

486

SALE OF SURPLUS POWER DEVELOPED UNDER GRAND VALLEY

PROJECT

An act authorizing the sale of surplus power developed under the Grand Valley reclamation project, Colorado. (Act of February 21, 1931, ch. 266, 46 Stat. 1202)

[Grand Valley Water Users' Association authorized to enter into contracts for development of power.]-Whenever a development of power is necessary for the irrigation of lands under the Grand Valley reclamation project, Colorado, or an opportunity is afforded for the development of power under said project, such development of power to be without expenditure of money from the reclamation fund or from the Treasury of the United States, the Grand Valley Water Users' Association, with the approval of the Secretary of the Interior, is authorized to enter into a contract or contracts for a period of not exceeding twenty-five years for the sale or development of any surplus power or power privileges in said Grand Valley reclamation project, Colorado. (46 Stat. 1202)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Cross References, Construction Charges Deferred. Section 3 of the Act of April 1, 1932, 47 Stat. 76, provided for the deferral of the construction charges of the Grand Valley project accruing during the year 1932. The provisions of the 1932 Act were extended by the Acts of March 3, 1933, 47 Stat. 1427; March 27, 1934, 48 Stat. 500; June 13, 1935, 49 Stat. 337; and April 14,

1. Power revenues

1936, 49 Stat. 1206. Each of these Acts appears herein in chronological order.

Cross Reference, Extension of Power Contract. The Act of July 12, 1960, authorized the execution of a power contract for an additional 25-year term. The Act appears herein in chronological order.

Legislative History. H.R. 16215, Public Law 708 in the 71st Congress. H.R. Rept. No. 2446. S. Rept. No. 1566 (on S. 5981).

NOTE OF OPINION

The Act of February 21, 1931, under which the Bureau of Reclamation constructed a power plant at the Grand Valley project with private funds advanced by the Public Service Company of Colorado and turned the plant over to the utility company to operate for 25 years, is silent with respect to the disposition of power revenues at the end of the 25-year period. Subsection I, section 4 of the Act of December 5, 1924, does not apply because the power plant will not be taken over by the water users. Consequently, the applicable law is section 5 of

the Act of April 16, 1906, 34 Stat. 117, 43 U.S.C. § 522, as amended by the HaydenO'Mahoney amendment of 1938, under which the net power revenues after the 25year period of company operation will be applied first to repay project operation and maintenance costs and construction charges until all construction charges have been repaid, and thereafter the net power revenues shall be covered into the General Treasury as miscellaneous receipts. Solicitor Harper Opinion, M-33504 (September 26, 1944).

487

FIVE MILLION DOLLAR ADVANCE TO RECLAMATION FUND

An act to authorize advances to the reclamation fund, and for other purposes. (Act of March 3, 1931, ch. 435, 46 Stat. 1507)

[Sec. 1. Advance authorized from Treasury upon request of Secretary and approval of President, for projects already under way.]-The Secretary of the Treasury is authorized, upon request of the Secretary of the Interior and upon approval of the President, to transfer from time to time to the credit of the reclamation fund created by the Act of June 17, 1902 (32 Stat. L. 388), such sum or sums, not exceeding in the aggregate $5,000,000, as the Secretary of the Interior may deem necessary for the construction and operation of reclamation projects authorized under said act of June 17, 1902, and now under way, and acts amendatory thereof or supplementary thereto. (46 Stat. 1507; 43 U.S.C. § 391a)

EXPLANATORY NOTE

Appropriation. The Second Deficiency Appropriation Act of 1931, approved March 4, 1931, 46 Stat. 1552, appropriated

the $5,000,000 authorized to be appropriated by section 1.

Sec. 2. [Reimbursement of $1,000,000 annually beginning July 1, 1933.]— Reimbursement of the moneys so advanced under the provisions of this act shall be made by transfer annually, of the sum of $1,000,000 from the reclamation fund to the general funds in the Treasury, beginning July 1, 1933. (46 Stat. 1507; 43 U.S.C. § 391b)

EXPLANATORY NOTES

1932, 1933 and 1936 Amendments. Section 2 was amended by section 10 of the Act of April 1, 1932, 47 Stat. 78, so as to provide for repayment beginning July 1, 1934. Section 10 of the 1932 Act was in turn amended by section 2 of the Act of March 3, 1933, 47 Stat. 1427, extending the commencement of repayment to July 1, 1936. A further postponement to July 1, 1938, was granted by the act of June 22, 1936, 49 Stat. 1757, 1784. The 1932 and 1933 Acts appear herein in chronological order.

Cross Reference, Suspension of Payments from Reclamation Fund. The Act of February 6, 1931, 46 Stat. 1064, 1069, provided for a two-year suspension of annual payments from the reclamation fund to the

Treasury. Extracts from the Act, including the provision referred to, appear herein in chronological order.

Reimbursement to the Treasury. A complete reimbursement to the Treasury of funds advanced to the Reclamation Fund under the provisions of the Act of June 25, 1910, referred to in the text, and the Act of March 3, 1931, as amended, was effected by the Act of May 9, 1938, 52 Stat. 291, 322. The 1910 and 1931 Acts and extracts from the 1938 Act, including the provision with respect to the reclamation fund, appear herein in chronological order.

Legislative History. S. 6046, Public Law 822 in the 71st Congress. S. Rept. No. 1576. H.R. Rept. No. 2669.

488

SECOND DEFICIENCY APPROPRIATION ACT FOR 1931

[Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1931, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1931, and June 30, 1932, and for other purposes. (Act of March 4, 1931, ch. 522, 46 Stat. 1552)

[North Platte project power transmission lines.]-North Platte project, Nebraska-Wyoming: For the purpose of enabling the Secretary of the Interior to construct rural trunk transmission lines, including necessary transformers, into farm settlements, communities, and municipalities within the North Platte irrigation project, the inhabitants of which are able to finance feeder or distribution systems and to guarantee to the power system a fair measure of profit, not to exceed $30,000 shall be available from the power revenues of the Lingle and Guernsey power plants, North Platte irrigation project. (46 Stat. 1569)

EXPLANATORY NOTES

Not Codified. The extract of this Act shown here is not codified in the U.S. Code. Legislative History. H.R. 17163, Public Law 869 in the 71st Congress. H.R. Rept.

No. 2712. S. Rept. No. 1743. H.R. Rept. No. 2925 and H.R. Rept. No. 2943 (conference reports).

489

SMITH MEMORIAL TABLET AT ELEPHANT BUTTE DAM

An act authorizing the William Robert Smith Memorial Association of El Paso, Texas, to construct a memorial in honor of William Robert Smith, former Member of Congress from the Sixteenth District of Texas. (Act of February 23, 1932, ch. 53, 47 Stat. 53)

[Tablet authorized to be constructed without cost to United States.]—The William Robert Smith Memorial Association of El Paso, Texas, is hereby authorized to construct without cost to the United States a memorial tablet at or near the site of Elephant Butte Dam, New Mexico, in honor of the work of William Robert Smith, former Member of Congress from the Sixteenth District of Texas, in behalf of the Elephant Butte project and of irrigation in the Southwest. (47 Stat. 53)

EXPLANATORY NOTES

Not Codified. This Act is not codified in

the U.S. Code.
Legislative History. S. 2286, Public Law

40 in the 72nd Congress. S. Rept. No. 89. H.R. Rept. No. 271.

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