OCR Text |
Show 589 unless a statute so provides, such costs are not required to be returned. On the other hand, various statutes authorize the sale of vendible project products and thus provide to some extent for the return of project costs. By implication, such provisions may be said to require return of project costs. Similarly, varying requirements for "local contribution" are stipulated which provide for, and in some cases require, payment of por- tions of project costs. Such requirements establish the pat- tern for the return of costs of navigation and flood-control projects of the Army Engineers. Somewhat similar is the sit- uation respecting flood-control work by the Department of Agriculture. Here, return of costs is provided for to the extent that the Secretary, in his discretion, invokes the statutory pro- vision for "local contribution." In order to assess the law's requirements as to return of project costs, we shall here review the various relevant pro- visions, notwithstanding the fact that many of them are to be separately reviewed later as "pricing" provisions. Such sep- arate treatment of the provisions relating to return of project costs appears desirable since in one area, the area of Reclama- tion Law, there is express statutory recognition of the con- cept, as such, in the prerequisite to project authorization. Reclamation Law currently requires findings by the Secre- tary of the Interior that repayable and returnable allocations to reimbursable project purposes, together with authorized allocations to designated nonreimbursable project purposes, equal the total estimated cost of construction.618 In effect, 818 Act of August 4, 1939, § 9(a), 53 Stat. 1187, 1193, 43 U. S. C. 485h(a). The situation is different in the case of projects under the Water Conserva- tion and Utilization Act. Act of October 14,1940, 54 Stat. 1119, as amended, 16 U. S. O. 590y-59Gz-ll. The term "reimbursable construction costs" is expressly confined to costs allocated to irrigation plus such amounts as the President may determine to be reimbursable. §4(b), 54 Stat. 1121, as amended, 16 U. S. 0. 590z-2(b). Costs allocated to purposes other than irrigation are not expressly classed as reimbursable or nonreimburs- able. But provision is made for contracts for surplus power or municipal or miscellaneous water-supply purposes. § 9, 54 Stat. 1124, 16 U. S. C. 590z-7. To this extent, the Act contemplates at least partial return of costs allocated to these purposes. |