A-90534, NOVEMBER 22, 1937, 17 COMP. GEN. 421

A-90534: Nov 22, 1937

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APPROPRIATIONS - FEDERAL POWER COMMISSION - AVAILABILITY FOR EXPENSES OF PARTICIPATION OF FEDERAL REPRESENTATIVE IN STATE WATER SUPPLY NEGOTIATIONS THE REGULAR APPROPRIATION OF THE FEDERAL POWER COMMISSION IS AVAILABLE FOR EXPENSES IN CARRYING OUT THE DUTIES OF ONE OF ITS OFFICERS APPOINTED BY THE PRESIDENT AS THE REPRESENTATIVE OF THE UNITED STATES IN NEGOTIATIONS AUTHORIZED BY THE ACT OF AUGUST 2. PROVIDED THE ACTIVITIES OF THE GOVERNMENT REPRESENTATIVE UNDER SAID ACT ARE WITHIN THE GENERAL SCOPE OF THE AUTHORIZED DUTIES VESTED IN THE FEDERAL POWER COMMISSION BY LAW. IS AS FOLLOWS: YOUR ATTENTION IS INVITED TO THE FACT THAT UNDER PUBLIC NO. 237. THE PROPER CONSUMMATION OF THE DUTIES DELEGATED TO ME WILL REQUIRE CERTAIN ENGINEERING STUDIES AND THE INCURRING OF OBLIGATIONS FOR TRAVEL AND OTHER MISCELLANEOUS EXPENSES.

A-90534, NOVEMBER 22, 1937, 17 COMP. GEN. 421

APPROPRIATIONS - FEDERAL POWER COMMISSION - AVAILABILITY FOR EXPENSES OF PARTICIPATION OF FEDERAL REPRESENTATIVE IN STATE WATER SUPPLY NEGOTIATIONS THE REGULAR APPROPRIATION OF THE FEDERAL POWER COMMISSION IS AVAILABLE FOR EXPENSES IN CARRYING OUT THE DUTIES OF ONE OF ITS OFFICERS APPOINTED BY THE PRESIDENT AS THE REPRESENTATIVE OF THE UNITED STATES IN NEGOTIATIONS AUTHORIZED BY THE ACT OF AUGUST 2, 1937, 50 STAT. 551, BETWEEN THE STATES OF WYOMING AND MONTANA AS TO THE DIVISION OF THE WATERS OF THE YELLOWSTONE RIVER, PROVIDED THE ACTIVITIES OF THE GOVERNMENT REPRESENTATIVE UNDER SAID ACT ARE WITHIN THE GENERAL SCOPE OF THE AUTHORIZED DUTIES VESTED IN THE FEDERAL POWER COMMISSION BY LAW.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ACTING CHAIRMAN, FEDERAL POWER COMMISSION, NOVEMBER 22, 1937:

YOUR LETTER OF NOVEMBER 16, 1937, IS AS FOLLOWS:

YOUR ATTENTION IS INVITED TO THE FACT THAT UNDER PUBLIC NO. 237, 75TH CONGRESS, APPROVED AUGUST 2, 1937,"AN ACT GRANTING THE CONSENT OF CONGRESS TO THE STATES OF MONTANA AND WYOMING TO NEGOTIATE AND ENTER INTO A COMPACT OR AGREEMENT FOR THE DIVISION OF THE WATERS OF THE YELLOWSTONE RIVER," THE PRESIDENT HAS APPOINTED ME AS THE REPRESENTATIVE OF THE UNITED STATES TO MAKE REPORT TO CONGRESS OF PROCEEDINGS AND OF ANY COMPACT OR AGREEMENT ENTERED INTO PURSUANT TO SAID ACT.

THE PROPER CONSUMMATION OF THE DUTIES DELEGATED TO ME WILL REQUIRE CERTAIN ENGINEERING STUDIES AND THE INCURRING OF OBLIGATIONS FOR TRAVEL AND OTHER MISCELLANEOUS EXPENSES. IT WOULD APPEAR THAT THESE STUDIES COULD BE BEST ACCOMPLISHED BY THE UTILIZATION OF CERTAIN EMPLOYEES OF THE ENGINEERING STAFF OF THE FEDERAL POWER COMMISSION AS THE WORK REQUIRED WOULD BE SIMILAR, TO A LARGE EXTENT, TO THE REGULAR DUTIES OF THE COMMISSION.

THERE WAS PREPARED AND SUBMITTED TO THE ACTING DIRECTOR OF THE BUREAU OF THE BUDGET APPROPRIATE LANGUAGE FOR INCLUSION IN THE APPROPRIATION ACT OF THE FEDERAL POWER COMMISSION FOR THE FISCAL YEAR 1939 WHICH WOULD MAKE $5,000 OF THE AMOUNT APPROPRIATED AVAILABLE FOR EXPENDITURE IN CONNECTION WITH THE WORK INVOLVED, OF WHICH $2,000 WOULD BE IMMEDIATELY AVAILABLE UPON ENACTMENT OF THE APPROPRIATION ACT. I AM ADVISED BY THE BUREAU OF THE BUDGET THAT:

"THE ACT OF AUGUST 2, 1937, DOES NOT AUTHORIZE, AND SIMILAR ENACTMENTS IN RECENT YEARS PROVIDING FOR THE PARTICIPATION OF A FEDERAL REPRESENTATIVE IN THE NEGOTIATION OF WATER COMPACTS BETWEEN VARIOUS STATES HAVE NOT AUTHORIZED, SPECIFIC APPROPRIATIONS FOR DEFRAYMENT OF THE EXPENSES OF THE PARTICIPATING FEDERAL REPRESENTATIVE, AND I ASSUME THAT THE APPROPRIATIONS AND FUNCTIONAL AUTHORITY OF THE FEDERAL AGENCIES FROM WHICH SUCH REPRESENTATIVES HAVE BEEN APPOINTED BY THE PRESIDENT WERE CONSIDERED SUFFICIENT FOR THE PAYMENT OF SUCH EXPENSES. IT WOULD SEEM, THEREFORE, THAT THE REGULAR APPROPRIATION FOR THE WORK OF THE FEDERAL POWER COMMISSION WOULD BE AVAILABLE FOR THE PERFORMANCE OF YOUR DUTIES UNDER THE ACT OF AUGUST 2, 1937. IF YOU HAVE ANY DOUBT ON THIS SCORE, IT IS SUGGESTED THAT YOU SECURE AN OPINION FROM THE COMPTROLLER GENERAL REGARDING THE AVAILABILITY OF YOUR APPROPRIATION FOR THIS PURPOSE.'

I WOULD APPRECIATE IT IF YOU WOULD ADVISE ME AT AN EARLY DATE IF THE REGULAR APPROPRIATION OF THE FEDERAL POWER COMMISSION MAY BE OBLIGATED FOR EXPENDITURE IN CONNECTION WITH THIS WORK.

THE ACT OF AUGUST 2, 1937, PUBLIC, 237, 50 STAT. 551, PROVIDES:

THAT CONSENT OF CONGRESS IS HEREBY GIVEN TO THE STATES OF MONTANA AND WYOMING TO NEGOTIATE AND ENTER INTO A COMPACT, OR AGREEMENT, NOT LATER THAN JUNE 1, 1939, PROVIDING FOR AN EQUITABLE DIVISION AND APPORTIONMENT BETWEEN THE STATES OF THE WATER SUPPLY OF THE YELLOWSTONE RIVER AND OF THE STREAMS TRIBUTARY THERETO, UPON CONDITION THAT ONE SUITABLE PERSON, WHO SHALL BE APPOINTED BY THE PRESIDENT OF THE UNITED STATES, SHALL PARTICIPATE IN SAID NEGOTIATIONS AS THE REPRESENTATIVE OF THE UNITED STATES AND SHALL MAKE REPORT TO CONGRESS OF PROCEEDINGS AND OF ANY COMPACT OR AGREEMENT ENTERED INTO: PROVIDED, THAT SUCH COMPACT OR AGREEMENT SHALL NOT BE BINDING OR OBLIGATORY UPON EITHER OF THE PARTIES THERETO UNLESS AND UNTIL THE SAME SHALL HAVE BEEN APPROVED BY THE LEGISLATURES OF EACH OF SAID STATES AND BY THE CONGRESS OF THE UNITED STATES: PROVIDED FURTHER, THAT NOTHING IN THIS ACT SHALL APPLY TO ANY WATERS WITHIN OR TRIBUTARY TO THE YELLOWSTONE NATIONAL PARK OR SHALL ESTABLISH ANY RIGHT OR INTEREST IN OR TO ANY LANDS WITHIN THE BOUNDARIES THEREOF.

PURSUANT TO THE FEDERAL WATER POWER ACT OF JUNE 10, 1920, 41 STAT. 1063, AS AMENDED BY THE ACTS OF JUNE 23, 1930, 46 STAT. 797, AND AUGUST 26, 1935, 49 STAT. 838, IT IS THE DUTY OF THE FEDERAL POWER COMMISSION TO MAKE INVESTIGATIONS AND TO COLLECT AND RECORD DATA CONCERNING THE UTILIZATION OF WATER RESOURCES OF ANY REGION TO BE DEVELOPED AND TO COOPERATE WITH THE EXECUTIVE DEPARTMENTS AND OTHER AGENCIES OF THE STATE AND NATIONAL GOVERNMENT IN SUCH INVESTIGATIONS; ALSO TO MAKE PUBLIC FROM TIME TO TIME INFORMATION SO SECURED AND TO PROVIDE FOR THE PUBLICATION OF SUCH REPORTS AND INVESTIGATIONS. ACCORDINGLY, AS THE DUTY OF THE GOVERNMENT REPRESENTATIVE APPOINTED PURSUANT TO THE ACT OF AUGUST 2, 1937, SUPRA, WOULD APPEAR TO CONSIST PRINCIPALLY IN PROTECTING THE INTERESTS OF THE UNITED STATES IN THE WATERS TO BE DIVIDED BETWEEN THE TWO STATES, WHICH INTERESTS ARE DEFINED IN THE FEDERAL POWER ACT, AS AMENDED, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE USE OF THE REGULAR APPROPRIATION OF THE FEDERAL POWER COMMISSION FOR THE EXPENSES IN QUESTION, PROVIDED THE ACTIVITIES OF THE GOVERNMENT REPRESENTATIVE UNDER SAID ACT OF AUGUST 2, 1937, ARE WITHIN THE GENERAL SCOPE OF THE AUTHORIZED DUTIES VESTED IN THE FEDERAL POWER COMMISSION BY LAW.