COMPENSATION OF GOVERNMENT EMPLOYEES FROM MORE THAN ONE SOURCE PROHIBITED

[Extract from] An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1918, and for other purposes. (Act March 3, 1917, ch. 163, 39 Stat. 1070)

[Government employees-Salaries from two sources prohibited.]-Provided, That on and after July first, nineteen hundred and nineteen, no Government official or employee shall receive any salary in connection with his services as such an official or employee from any source other than the Government of the United States, except as may be contributed out of the Treasury of any State, county, or municipality; and no person, association, or corporation shall make any contribution to, or in any way supplement the salary of, any Government official or employee for the services performed by him for the Government of the United States. Any person violating any of the terms of this proviso shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $1,000 or imprisonment for not less than six months, or by both such fine and imprisonment as the court may determine. Stat. 1106.)

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Report should be made if employee receives compensation from other source.— In every case where an employee is receiving pay from any other source for the services performed by him for the Government of the United States full report of the facts must be made. In any case where an appointment is to be made of one who is receiving salary from any other source appropriate certificate must be made to show that the appointment is not prohibited by the above provision of above act. (C. L. 839, August 6, 1919, or C. L. 842, August 15, 1919.)

SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT FOR 1918

[Extracts from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes. (Act of June 12, 1917, ch. 27, 40 Stat. 105)

[$1,000,000 annually to be paid from reclamation fund to general funds in Treasury.]-The act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth Statutes, page eight hundred and thirty-five), is amended to provide that reimbursement of the moneys advanced under the provisions of that act shall be made by transferring annually the sum of $1,000,000 from the reclamation fund to the general funds in the Treasury, beginning July first, nineteen hundred and twenty, and continuing until full reimbursement has been made. (40 Stat. 149.)

[Application of moneys refunded.]-All moneys heretofore or hereafter refunded or received in connection with operations under the reclamation law, except repayments of construction and operation and maintenance charges, shall be a credit to the appropriation for the project or operation from or on account of which the collection is made and shall be available for expenditure in like manner as if said sum had been specifically appropriated for said project or operation. (40 Stat. 149.)

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Excess collections for water rental may not be refunded unless money is reappropriated by Congress.-Since the act of June 12, 1917 (40 Stat. 149), providing that certain moneys refunded or received in connection with operations under the reclamation laws shall be a credit to the appropriation for the project or operation from or on account of which the collection is made available for expenditure as if appropriated for that particular project or operation, specifically excepts from its operation all repayments of construction and operation and maintenance charges, moneys paid as water rental for water alleged not to have been furnished or in excess of the amount used, and covered into the reclamation fund as 66 construction revenue earnings and operation and maintenance revenue earnings," are not available for refundment or other expenditure unless reappropriated by Congress. (26 Comp. Dec. 696.) The intention of Congress, as expressed in the act of June 12, 1917 (40 Stat. 149), and other acts, to except repayments of construction and operation and maintenance charges" from the requirement that moneys refunded or received in connection with operations under the reclamation laws shall be a credit to the appropriation for the project or operation from or on account of which the collection is made and available for direct expenditure without further appropriation by Congress, may not be defeated by administrative action authorizing payments of operation or maintenance charges in advance, thus making them receipts" instead of repayments," but all moneys in the reclamation fund arising from operation and maintenance charges, regardless of the date of payment or collection, can be available for expenditure only when appropriated by Congress. (27 Comp. Dec. 849.)

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SUSPENSION OF RESIDENCE REQUIREMENTS DURING WORLD WAR

[Extracts from] An act to provide further for the national security and defense by stimulating agriculture and facilitating the distribution of agricultural products. (Act August 10, 1917, ch. 52, 40 Stat. 273)

Sec. 11. [Suspension of residence requirements.]—That the Secretary of the Interior is hereby authorized, in his discretion, to suspend during the continuance of this act that provision of the act known as the "reclamation act" requiring residence upon lands in private ownership or within the neighborhood for securing water for the irrigation of the same, and he is authorized to permit the use of available water thereon upon such terms and conditions as he may deem proper. (40 Stat. 276.)

Sec. 12. [Duration of suspension.]—That the provisions of this act shall cease to be in effect when the national emergency resulting from the existing state of war shall have passed, the date of which shall be ascertained and proclaimed by the President; but the date when this act shall cease to be in effect shall not be later than the beginning of the next fiscal year after the termination, as ascertained by the President, of the present war between the United States and Germany. (40 Stat. 276.)

NOTES

Applications for water.-Under these sections, the Secretary of the Interior will permit as a war measure the acceptance upón Federal irrigation projects during the term of the war as fixed by the act, all applications for temporary water delivered to lands in private ownership and subject to public notice without reference to the residence of the water-right applicant. No application, however, will be received under this act from one qualified to make a formal water-right application under section 5 of the reclamation act of June 17, 1902 (32 Stat. 388). The charges for the delivery of water will be the same in amount as the operation and maintenance charges announced by public notice, but shall be payable in advance. (Departmental decision, October 4, 1917, 46 L. D. 213.)

See C. L. 720, January 2, 1918, for supplementary instructions to those of October 4, 1917.

Order of Secretary of the Interior dated April 23, 1920, cancels all contracts for temporary water service under act of August 10, 1917, and the regulations of October 4, 1917. 46 L. D. 213. (47 L. D. 370; C. L. 883, May 4, 1920.) For date of termination of World War see 49 L. D. 1.

RECEIPTS FROM POTASSIUM DEPOSITS TO BE PAID INTO RECLAMATION FUND

[Extract from] An act to authorize exploration for and disposition of potassium. (Act October 2, 1917, ch. 62, 40 Stat. 297)

Sec. 10. [Disposal of receipts from potassium deposits.]-That all moneys received from royalties and rentals under the provisions of this act, excepting those from Alaska, shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation act, but after use thereof in the construction of reclamation works and upon return to the reclamation fund of any such moneys in the manner provided by the reclamation act and acts amendatory thereof and supplemental thereto, fifty per centum of the amounts derived from such royalties and rentals so utilized in and returned to the reclamation fund shall be paid by the Secretary of the Treasury after the expiration of each fiscal year to the State within the boundaries of which the leased lands or deposits are or were located, said moneys to be used by such State or subdivisions thereof for the construction and maintenance of public roads or for the support of public schools. (40 Stat. 300.)

Receipts to be deposited direct to reclamation fund.-Moneys received from royalties and rentals under this act should not first be deposited to the credit of sales of public lands, but should be credited direct to the reclamation fund. (Comp. Dec., December 5, 1918.)

Application of act. This act applies to public lands reserved as national forests. (31 Op. Atty. Gen. 433.)

Regulations.-For departmental regulations under this act, see 46 L. D. 323. See instructions regarding form of potash prospecting applications in C. L. 1185, December 22, 1922, modifying form of permit in 46 L. D. 323. Instructions of March 27, 1926, amend section 6 of the potash regulations printed at 46 L. D. 323. (51 L. D. 424.)

DRAINAGE ON RIO GRANDE PROJECT

Joint resolution to authorize the Secretary of the Interior to expend funds in New Mexico and Texas for drainage purposes. (Resolution October 6, 1917, ch. 107, 40 Stat. 426)

[Drainage expenditures allowed.]-That in order to provide for immediate and necessary drainage of lands in the Rio Grande reclamation project, New Mexico and Texas, the provisions of the sundry civil act, approved June twelfth, nineteen hundred and seventeen, as far as applicable to said project, are hereby modified and amended so as to authorize and permit the Secretary of the Interior to expend not exceeding $15,000 in drainage work upon that portion of the project located within the State of New Mexico pending the formation of an irrigation district covering the lands within New Mexico under this project, and to expend upon that portion of the project located within the State of Texas such amount, within the limit of available appropriations, as the existing irrigation district may obligate itself to repay. (40 Stat. 426.)

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Cross reference.-See act of June 12, 1917 (40 Stat. 148), act of July 1, 1918 (40 Stat. 674), and act of July 19, 1919 (41 Stat. 201), all contain ng similar provisions regarding drainage on the Rio Grande project.