43 U.S.C. § 397 — Advances by Government for completion of projects initiated prior to June 25, 1910

submitted 116 years ago by ch. 407 to r/title-43-PUBLIC-LANDS · 303 words · no verdicts yet

in plain englishAI-generated · not legal advice

As of June 25, 1910, the Treasury can transfer up to $20 million into the reclamation fund, at the Interior Secretary's request, to finish reclamation projects that were already underway before that date — with the President's approval. Money moves only as actually needed for ongoing work, must be repaid to the Treasury from the reclamation fund, and can't be spent on any project until an Army engineer board examines it and the President approves it as worthwhile.

This section lets the Secretary of the Interior finish government reclamation projects that were already started before June 25, 1910. As of that date, the Secretary of the Treasury is authorized, whenever the Secretary of the Interior asks, to transfer money into the reclamation fund (created under section 391 of this title) — up to $20,000,000 total — for whatever amount the Secretary of the Interior thinks is necessary to finish those projects, extend them if proper and necessary for successful, profitable operation, or protect the government's water rights connected to them. The President must approve each such transfer. The money needed to do this is appropriated, as of June 25, 1910, out of funds in the Treasury not already committed elsewhere. Three conditions apply. First, money can only be transferred into the reclamation fund as it's actually needed to pay for work already being done under existing law. Second, every dollar transferred this way must eventually be paid back to the Treasury from the reclamation fund, following the process this title sets out elsewhere. Third, none of this money can be spent on any project that existed as of June 25, 1910, until an Army board of engineer officers — appointed by the President — examines and reports on it, and the President approves it as feasible, practical, and worth the expense. None of this money can be spent on any project that was started after June 25, 1910, at all.

the actual law source: uscode.house.gov ↗public domain

To enable the Secretary of the Interior to complete Government reclamation projects begun prior to June 25, 1910, the Secretary of the Treasury is authorized, as of June 25, 1910, upon request of the Secretary of the Interior, to transfer from time to time to the credit of the reclamation fund created by section 391 of this title, such sum or sums, not exceeding in the aggregate $20,000,000, as the Secretary of the Interior may deem necessary to complete the said reclamation projects, and such extensions thereof as he may deem proper and necessary to the successful and profitable operation and maintenance thereof or to protect water rights pertaining thereto claimed by the United States, provided the same shall be approved by the President of the United States; and such sum or sums as may be required to comply with the foregoing authority are appropriated, as of June 25, 1910, out of any money in the Treasury not otherwise appropriated: Provided, That the sums authorized to be transferred to the reclamation fund shall be so transferred only as such sums shall be actually needed to meet payments for work performed under existing law: And provided further, That all sums so transferred shall be reimbursed to the Treasury from the reclamation fund, as hereinafter provided: And provided further, That no part of this appropriation shall be expended upon any project existing June 25, 1910, until it shall have been examined and reported upon by a board of engineer officers of the Army, designated by the President of the United States, and until it shall be approved by the President as feasible and practicable and worthy of such expenditure; nor shall any portion of this appropriation be expended upon any project initiated after June 25, 1910.

Source credit: (June 25, 1910, ch. 407, § 1, 36 Stat. 835.)

history & why it existsrecord from the source credit

1910Enacted · Act of June 25, 1910, ch. 407 · 36 Stat. 835

A history note hasn’t been published yet. The record shows enactment by ch. 407 on 1910-06-25.

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