578 BONNEVILLE PROJECT of each of such attorneys, engineers, and other experts at not to exceed $7,500 per annum; and they may, subject to the civilservice laws, appoint such other officers and employees as may be necessary to carry out such functions and fix their salaries in ac cordance with the Classification Act of 1923 as amended." Reference in the Text. The Act of May 29, 1930 (46 Stat. 468), referred to in the text, deals with the retirement of employees in the classified civil service. Sec. 11. [Receipts from transmission and sale of electric energy.]—All receipts from transmission and sale of electric energy generated at the Bonneville project shall be covered into the Treasury of the United States to the credit of miscellaneous receipts, save and except that the Treasury shall set up and maintain from such receipts a continuing fund of $500,000, to the credit of the administrator and subject to check by him, to defray emergency expenses and to insure continuous operation. There is hereby authorized to be appropriated from time to time, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act, including installation of equipment and machinery for the generation of electric energy and facilities for its transmission and sale. (50 Stat. 736; 16 U.S.C. § 832j) 1. Continuing fund NOTES OF OPINIONS The primary purpose of the continuing fund for the Bonneville Power Administration, as of the continuing fund first established for the Southwestern Power Administration and the emergency fund created by the Act of June 26, 1948, for the Bureau of Reclamation, is to insure continuous operation of transmission facilities in the face of emergencies that cause or threaten interruption (as distinguished from curtailment) in power service. Dec. Comp. Gen. B-105397 (September 21, 1951). A seasonal reduction in rainfall and consequent decrease in the output of electrical energy from federal dams on the Columbia River does not constitute such an emergency or interruption of service as to justify expenditure of money from the continuing fund, created by section 11 of the Bonneville Project Act, for artificial nucleation and cloud modification services to increase precipitation. Dec. Comp. Gen. B-105397 (September 21, 1951). Sec. 12. [Authority of the Administrator with respect to claims against the United States-Power to sue in the name of the United States.]—(a) The Administrator is hereby authorized to determine, settle, compromise, and pay claims and demands against the United States which are not in excess of $1,000 and are presented to the Administrator in writing within one year from the date of accrual thereof, for any losses, injuries, or damages to persons or property, or for the death of persons, resulting from acts or omissions of employees acting within the scope of their employment pursuant to this Act. The Administrator is also authorized to determine, compromise, and settle any claims and demands of the United States for any losses, injuries, or damages to property under the Administrator's control, against other persons or public or private corporations. The Administrator's determination, compromise, settlement, or payment of any of the claims referred to in this subsection shall be final and conclusive upon all officers of the Government, notwithstanding the provisions of any other Act to the contrary. When claims presented to the Administrator under this subsection arise, in whole or in part, out of any damage done to private property, the Administrator may repair all or any part of such damage in lieu of making such payments. BONNEVILLE PROJECT 579 (b) The Administrator may, in the name of the United States, under the supervision of the Attorney General, bring such suits at law or in equity as in his judgment may be necessary to carry out the purposes of this Act; and he shall be represented in the prosecution and defense of all litigation, affecting the status or operation of Bonneville project by the United States attorneys for the districts, respectively, in which such litigation may arise, or by such attorney or attorneys as the Attorney General may designate as authorized by law, in conjunction with the regularly employed attorneys of the Administrator. (50 Stat. 736; Act of October 23, 1945, 59 Stat. 547; Act of July 26, 1946, 60 Stat. 701; 16 U.S.C. § 832k) EXPLANATORY NOTES 1946 Amendment. The Act of July 26, 1946, 60 Stat. 701, amended subsection 12(b) to read as it appears above. Before amendment, the subsection read as follows: "(b) The Administrator may, in the name of the United States, bring such suits at law or in equity as in his judgment may be necessary to carry out the purposes of this Act; and he shall be represented in the prosecution and defense of all litigation, including condemnation proceedings, affecting the status or operation of the Bonneville project by his attorneys: Provided, however, That such attorneys shall supply the Attorney General with copies of the pleadings in all such cases and that the handling of litigation which, in the Attorney General's opinion, involves interpretation of the Constitution of the United States or which involves appearance in any United States circuit court of appeals or the United States Supreme Court shall be subject to the Attorney General's direction or supervision. The Administrator may compromise and make final settlement of such litigation and pay the amount due under any compromise or judgment. Complaints in condemnation proceedings permitted by section 2(c) and 2(d) of this Act shall be signed, verified, and filed by the Administrator." 1945 Amendment. The Act of October 23, 1945, 59 Stat. 547, amended section 12 in its entirety. Before amendment, the section read as follows: “Sec. 12. The administrator may, in the name of the United States, under the supervision of the Attorney General, bring such suits at law or in equity as in his judgment may be necessary to carry out the purposes of this Act; and he shall be represented in the prosecution and defense of all litigation affecting the status or operation of Bonneville project by the United States Attorneys for the districts, respectively, in which such litigation may arise, or by such attorney or attorneys as the Attorney General may designate as authorized by law, in conjunction with the regularly employed attorneys of the administrator." Sec. 13. [Savings clause.]—If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (50 Stat. 736; 16 U.S.C. § 8321) EXPLANATORY NOTES 1945 Amendments Not Included. The Act of October 23, 1945, 59 Stat. 546, which amended several sections of this Act, also amended certain sections of the Internal Revenue Code and the Social Security Act. These amendments deal with employees of the Bonneville Power Administration. Editor's Note, Annotations. Annotations of opinions are included only to the extent deemed relevant to activities of the Bureau of Reclamation. Legislative History. H.R. 7642, Public Law 329 in the 75th Congress. H.R. Rept. No. 1090. H.R. Rept. No. 1217 (on H. Res. 277). S. Rept. No. 919 (on S. 2092). H.R. Rept. No. 1507 (conference report). 580 COMMISSION TO INVESTIGATE PROJECTS An act to create a commission and to extend further relief to water users on United States reclamation projects and on Indian irrigation projects. (Act of August 21, 1937, ch. 725, 50 Stat. 737) [Sec. 1. Commission to investigate projects-To make report to Congress.]— There is hereby created a commission to be composed of three members appointed by the Secretary of the Interior, all of whom shall have an intimate knowledge of irrigation farming, but who shall not be employees of the Bureau of Reclamation or the Bureau of Indian Affairs of the Department of the Interior, and shall have no financial interest in the matters coming under their jurisdiction. The commission is authorized and directed to investigate the financial, economic, and other conditions of the various United States and Indian reclamation projects, with particular reference to the ability of each such project to make payments of water-right charges without undue burden on the water users, district, association, or other reclamation organization liable for such charges. Such investigation shall include an examination and consideration of any statement filed with the commission, or the Department of the Interior, by any such district, association, or other reclamation organization, or the water users thereof, and, where deemed advisable by the commission and requested by such district, association, or other reclamation organization, said commission may proceed to such project and hold hearings, the proceedings of which shall be reduced to writing and filed with its reports. Said commission, after having made careful investigation and study of the financial, economic, and other conditions of the various United States and Indian reclamation projects and their probable present and future ability to meet such water-right charges, shall report to the Congress as soon as practicable, with its recommendations as to the best, most feasible, and practicable comprehensive permanent plan for such water-right payments with due consideration for the development and carrying on of the reclamation program of the United States, and having particularly in mind the probable ability of such water users, districts, associations, or other reclamation organizations to meet such water-right charges regularly and fully from year to year during pe riods of prosperity and good prices for agricultural products as well as during periods of decline in agricultural income and unsatisfactory conditions of agriculture. (50 Stat. 737) Sec. 2. [Appropriation authorized.]-There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $30,000, which shall be available for expenditure, as the Secretary of the Interior may direct, for expenses and all necessary disbursements, including salaries, in carrying out the provisions of this Act. The commission is authorized to appoint and fix the compensation of such employees as may be necessary for carrying out its functions under this Act without regard to civil-service laws or the Classification Act of 1923, as amended. (50 Stat. 738) Sec. 3. [Certification by commission of project inability to make payment, if COMMISSION TO INVESTIGATE PROJECTS 581 approved, to act as extension of time for payment.]-If upon investigation the commission shall find that a project, because of partial crop failure due to a water shortage or other causes beyond the control of the water users, is unable to make full payment of the construction charges becoming due and payable for the calendar year 1937, without great hardship or undue burden, the commission is hereby authorized to certify that fact to the Secretary and such certification, if approved by said Secretary, shall operate to grant an extension of time for the payment of such proportion of the construction charges due for the calendar year 1937 as the commission considers just and equitable, the proportion of the charges so extended to be paid at such time as the Secretary may determine. (50 Stat. 738) Sec. 4. [Provisions repealed.]-Sections 1 and 2 of the Act approved April 14, 1936 (Public, Numbered 519, Seventy-fourth Congress), are hereby repealed. (50 Stat. 738) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Reference in the Text. The Act of April 14, 1936 (Public, Numbered 519, Seventyfourth Congress), referred to in section 4, appears herein in chronological order. The 1936 Act also authorized the creation of a Commission to investigate projects. Sections 1 and 2 of the Act were superseded by this Act. Commission's Report. The Commission authorized to be appointed by this act submitted its report to the Congress in May 1938. The report was printed as House Document No. 673, 75th Congress, 3rd Session. Legislative History. S. 413, Public Law 331 in the 75th Congress. S. Rept. No. 172. H.R. Rept. No. 1440. 582 CONSTRUCTION OF SMALL RESERVOIRS An act to authorize an appropriation for the construction of small reservoirs under the Federal reclamation laws. (Act of August 26, 1937, ch. 827, 50 Stat. 841) [$500,000 appropriated from Reclamation fund-No reservoir to exceed $50,000.]-From the special fund in the Treasury of the United States created by the Act of June 17, 1902, and therein designated "The Reclamation Fund." there is hereby authorized to be appropriated the sum of $500,000 for expendi ture by the Secretary of the Interior, under the Federal reclamation laws, in the construction of small storage reservoirs at such locations within the States subject to the Federal reclamation laws, as the said Secretary may select, no reservoir to be constructed hereunder the estimated cost of which exceeds $50,000. (50 Stat. 841) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. H.R. 2512, Public Law 387 in the 75th Congress. H.R. Rept. No. 689 S. Rept. No. 791. H.R. Rept. No. 1485 (conference report). |