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608

FORT PECK PROJECT

Sec. 9. [Appointment of attorneys, engineers, and other experts-Services of regular employees may be utilized-Bureau may utilize and charge for facilities of the Bureau.]-The Secretary of the Interior, the Secretary of War, and the Federal Power Commission, respectively, shall appoint such attorneys, engineers, and other experts as may be necessary for carrying out the functions entrusted to them under this Act, and fix their salaries in accordance with the Classification Act of 1949 as amended. In the administration of this Act the services of regular employees in the Bureau may be utilized and an equitable part of the salaries of such employees whose services are thus utilized may be charged by the Bureau to the operating costs of the power features of the Fort Peck project. The Bureau similarly may utilize and charge for facilities of the Bureau which economically can be used in connection with the administration of this Act. (52 Stat. 406; Act of October 28, 1949, 63 Stat. 972; 16 U.S.C. § 833h)

EXPLANATORY NOTE

1949 Amendment. The Classification Act of 1949, enacted October 28, 1949, 63 Stat. 954, 972, 5 U.S.C. § 1071 et seq., amended section 9 by application of its provisions. Among other things, it established a standard schedule of rates of basic compensation for certain Federal employees and repealed the Classification Act of 1923, as amended. Before enactment of the Classi

fication Act of 1949, section 9 of this act referred to the Classification Act of 1923, and authorized the appointment of attorneys, engineers, other experts, officers and employees, without regard to the Civil Service laws, and provided that the salaries of attorneys, engineers and other experts be fixed at not to exceed $7,500 per annum.

Sec. 10. [Receipts to be covered into Treasury-Treasury to set up a continuing fund for credit of Bureau.]-All receipts from transmission and sale of electric energy generated at the Fort Peck 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 Bureau and subject to expenditure by it, to defray the operating expense of generation and transmission of power delivered to the Bureau for disposal under this Act, 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. (52 Stat. 406; 16 U.S.C. § 833i)

Sec. 11. [Secretary of Interior may bring suits at law or in equity.]—The Secretary of the Interior 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 the Fort Peck 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 Bureau. (52 Stat. 407; 16 U.S.C. § 833j)

FORT PECK PROJECT

609

Sec. 12. [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 provisions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (52 Stat. 407; 16 U.S.C. § 833k)

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610

DEFER CHARGES OF GEM AND ONTARIO-NYSSA IRRIGATION

DISTRICTS

An act to provide for allowing to the Gem Irrigation District and Ontario-Nyssa Irriga tion District of the Owyhee project, terms and payment dates for charges deferred under the Reclamation Moratorium Acts similar to those applicable to the deferred construction charges of other projects under said Acts, and for other purposes. (Act of June 15, 1938, ch. 440, 52 Stat. 703.)

[Deferred charges payable at the end of the districts' construction charge payment period.]-That the charges of the Gem Irrigation District and of the Ontario-Nyssa Irrigation District, that were postponed under the Moratorium Acts of April 1, 1932 (47 Stat. 75), March 3, 1933 (47 Stat. 1427), March 27, 1934 (48 Stat. 500), and June 13, 1935 (49 Stat. 337), shall be payable at the end of the districts' construction charge payment period, subject to the same terms and conditions as applicable to the construction charges postponed under the said Moratorium Acts. (52 Stat. 703)

EXPLANATORY NOTES

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

References in the Text. Each of the Moratorium Acts referred to in the text

appears herein in chronological order.

Legislative History. H.R. 10488, Public Law 636 in the 75th Congress. H.R. Rept. No. 2516.

611

RELIEF FOR HOLDERS OF NOTES AND WARRANTS OF VERDE RIVER IRRIGATION AND POWER DISTRICT

An act for the relief of the holders of the unpaid notes and warrants of the Verde River Irrigation and Power District, Arizona. (Act of June 15, 1938, ch. 453, 52 Stat. 703.) [Payment in settlement of notes and warrants authorized.]-The Federal Emergency Administrator of Public Works is hereby authorized to pay, in full settlement of all such claims against the United States, out of any unexpended fund under his control, not to exceed $46,024.41 in making settlements with the holders of the unpaid notes and warrants of the Verde River Irrigation and Power District issued in payment for property, services, or supplies furnished, in furtherance of the Verde reclamation project, Arizona, to the district during the period from November 2, 1933, when an allotment of $4,000,000 for the construction of the Verde project was authorized by the said Administrator, to October 3, 1934, when said allotment was canceled: Provided, That any expenditures of the district not incurred as a result of the proposed construction of said Verde reclamation project with funds of the Federal Emergency Administration of Public Works shall not be approved for payment under this Act: Provided further, That in making said settlements with the holders of said notes and warrants, the Administrator shall consider the reasonable value of the services performed or materials furnished, for which said notes or warrants were given, and where said notes or warrants have been transferred by the original holders, the Administrator shall also consider the price or prices paid by the transferees. (52 Stat. 703)

EXPLANATORY NOTES

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

Payment of Claims. The Secretary on January 23, 1939, approved the appointment of a special examining board to examine the claims and determine the amounts to be paid on each claim. The board's report of April 29, 1939, was approved by

the Federal Emergency Administrator of Public Works on June 30, 1939. Allotment of funds was made by the Federal Works Agency August 2, 1939. All warrants have now been paid.

Legislative History. S. 3002, Public Law 637 in the 75th Congress. S. Rept. No. 1391. H.R. Rept. No. 2291.

612

EXCESS LANDS, COLORADO-BIG THOMPSON PROJECT

An act providing that excess-land provisions of Federal reclamation laws shall not apply to certain lands that will receive a supplemental water supply from the Colorado-Big Thompson project. (Act of June 16, 1938, ch. 485, 52 Stat. 764.)

[Excess land laws waived.]—The excess-land provisions of the Federal reclamation laws shall not be applicable to lands which now have an irrigation water supply from sources other than a Federal reclamation project and which will receive a supplemental supply from the Colorado-Big Thompson project. (52 Stat. 764; 43 U.S.C. § 386)

EXPLANATORY NOTES

Authorization. The Colorado-Big Thompson project was authorized by a finding of feasibility by the Secretary of the Interior, approved by the President on December 21, 1937, pursuant to section 4 of the Act of June 25, 1910, and subsection B of section 4 of the Act of December 5, 1924 (Fact

Finders' Act). Both the 1910 and 1924 Acts appear herein in chronological order.

Legislative History. S. 4027, passed in lieu of H.R. 10713, Public Law 665 in the 75th Congress. H.R. Rept. No. 2620 (on H.R. 10713). S. Rept. No. 1921 (on S. 4027).

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