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BOULDER CANYON PROJECT ADJUSTMENT ACT 705

1. Employees covered

NOTES OF OPINIONS

The legislative history of the Act leads to the conclusion that section 15 applies only to employees of the Federal Government and not to employees of the non-Federal operating agents. Letter of First Assistant Secretary Burlew to Senator McCarran, May 2, 1947.

The first sentence of section 15 makes a

distinction between two groups of ungraded laborers and mechanics, namely, those engaged in construction and those engaged in operation, maintenance or replacement. Members of the two groups doing the same type of work may be paid at different rates if the facts disclose that such a distinction prevails in the locality. Solicitor White Opinion, 60 I.D. 47 (1947).

Sec. 16. [Short title.]—This Act may be cited as "Boulder Canyon Project Adjustment Act". (54 Stat. 779; 43 U.S.C. § 6180)

EXPLANATORY NOTE

Legislative History. H.R. 9877, Public Law 756 in the 76th Congress. H.R. Rept. No. 2328. H.R. Rept. No. 2745 (conference

report). H.R, Rept. No. 2482 (on H. Res. 503).

706

OVERHEAD CHARGES, STRAWBERRY WATER USERS'

ASSOCIATION

An act to authorize the Secretary of the Interior to accept payment of an annual equitable overhead charge in connection with the repayment contract between the United States and the Strawberry Water Users' Association of Payson, Utah, in full satisfaction of delinquent billings upon the basis of an annual fixed overhead charge, and for other purposes. (Act of August 27, 1940, ch. 692, 54 Stat. 862)

[Payment of an annual equitable overhead charge.]—In connection with any amendment heretofore or hereafter made to the repayment contract between the Strawberry Water Users' Association of Payson, Utah, and the United States, dated September 28, 1926, as amended, to pay construction charges under the provisions of the Federal reclamation laws providing for payment annually of an amount as is determined by the Secretary each year to be sufficient to cover the Strawberry Valley project's equitable portion of the expense of the Chief Engineer's office, the field legal office, and the other detached offices of the Bureau of Reclamation, the Secretary of the Interior is authorized, subsequent to the effective date of such an amendment, to accept in full satisfaction for all flat overhead charges owing or allocable to the period up to the effective date of the amendment under the contract provisions in effect prior to such amendment a sum determined at the rate of $400 for each year. (54 Stat. 862) EXPLANATORY NOTES

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

Legislative History. S. 4011, Public Law

773 in the 76th Congress. S. Rept. No. 1789. H.R. Rept. No. 2715 (on H.R. 10069).

707

FISH HATCHERIES ON GRAND COULEE DAM PROJECT

An act to authorize the maintenance and operation of fish hatcheries in connection with the Grand Coulee Dam Project. (Act of October 9, 1940, ch. 794, 54 Stat. 1085) [Secretary authorized to contract with State of Washington.]—In connection with fish hatcheries built or to be built as a part of the fish-protection program required on the Grand Coulee Dam project, the Secretary of the Interior is authorized to contract with the State of Washington for the maintenance and operation of any of them at the expense of said State. (54 Stat. 1085; 16 U.S.C. § 835i)

EXPLANATORY NOTE

Legislative History. H.R. 9921, Public Law 826 in the 76th Congress. H.R. Rept.

No. 2849. S. Rept. No. 2073.

708

SACO DIVIDE UNIT, MILK RIVER PROJECT

An act authorizing allocation of funds for the construction of Saco Divide unit, Milk River project, and for other purposes. (Act of October 10, 1940, ch. 850, 54 Stat. 1108) [Sec. 1. Funds allocated to Saco Divide Unit to be covered into Milk River water users repayment obligations-Costs of Fresno Dam to be repaid in 40 annual installments-Other common facilities allocated to Saco Divide unit to be repaid in 20 annual installments.]-In connection with the Saco Divide unit of the Milk River project there shall be included in the water users repayment obligations, in addition to the amounts that may be allocated by the President for the construction of pumping and distribution facilities and land development of this unit from funds appropriated for water conservation and utility projects by the Interior Department Appropriation Act, 1940, to be repaid as therein provided, that portion of the cost of the facilities of the Milk River project common to the Saco Divide unit and other units of the Milk River project that may be allocated to the Saco Divide unit by the Secretary of the Interior. The costs of Fresno Dam and Reservoir so allocated by the Secretary shall be included for repayment in not to exceed forty annual installments along with the costs of pumping and distribution facilities allocated by the President for repayment as provided by the water conservation and utility projects item in the Interior Department Appropriation Act, 1940; the cost of the other common facilities of the Milk River project allocated by the Secretary to the Saco Divide unit shall be repaid in not to exceed twenty annual installments, the first to accrue not later than the year following the last installment due and payable to the United States from the water users of the unit on the obligation comprising the amounts allocated by the President for construction of pumping and distribution facilities and the costs of the Fresno Dam and Reservoir allocated to the unit by the Secretary. Payments on account of the costs allocated by the Secretary shall be credited to the Reclamation Fund, and the component of such payments attributable to costs of construction prior to 1935 as determined by the Secretary shall be credited to write-offs made on the Milk River project pursuant to the Act of May 25, 1926 (44 Stat. 636). (54 Stat. 1108)

EXPLANATORY NOTES

Reference in the Text. The Interior Department Appropriation Act, 1940, referred to in the text, was enacted May 10, 1939. Extracts from the Act, including the water conservation and utility projects item re

ferred to, appear herein in chronological order.

Reference in the Text. The Act of May 25, 1926 (44 Stat. 636), referred to in the text, is the Omnibus Adjustment Act. The Act appears herein in chronological order.

Sec. 2. [No water delivered for the Saco Divide unit until required contracts made.]-No water shall be delivered for the Saco Divide unit until the Secretary of the Interior has entered into the contract or contracts required, in his judgment, to carry into full effect the provisions of section 1 and to provide

SACO DIVIDE UNIT, MILK RIVER PROJECT

709

for repayment of the reimbursable construction costs chargeable to the Saco Divide unit. (54 Stat. 1109)

EXPLANATORY NOTES

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

Legislative History. H.R. 9734, Public Law 841 in the 76th Congress. H.R. Rept. No. 2853. S. Rept. No. 2142.

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