Sec. CHAPTER NINE A The Geological Survey A provision that there should be no further geological survey by the Government, unless thereafter authorized by law, contained in Act July 21, 1852, c. 66, § 1, 10 Stat. 21, was incorporated in R. S. § 2406, post, § 4818. But the office of Director of the Geological Survey, under the Interior Department was established by Act March 3, 1879, c. 182, § 1, 20 Stat. 394, and by further provisions of that act the Geological and Geographical Survey of the Territories, and the Geographical and Geological Survey of the Rocky Mountain Region, under the Department of the Interior, and the Geographical Surveys West of the One Hundredth Meridian, under the War Department, were discontinued. This chapter, inserted here as additional to the original chapters of Title XI of the Revised Statutes, includes the provisions of said Act March 3, 1879, c. 182, § 1, and subsequent acts, relating to the Geological Survey established and regulated thereby. 770. Office of Director established; appointment; duties; restrictions on Director and Members of Survey. 771. Acting Director. 772. Detail of ordnance officers for survey. 773. Selection of scientific employés. and other employés and reim- 775. Purchase of professional and sci- 776. Irrigation surveys in arid regions; report of expenditures. Sec. 777. Topographic surveys; mode of marking elevations. 778. Reports of operations, etc.; spe- 779. Distribution of topographic and 781. Sale of copies of cartographic or 782. Sale of copies of photographs or lantern slides. § 770. (Act March 3, 1879, c. 182, § 1.) Office of Director established; appointment; duties; restrictions on Director and members of survey. For the salary of the Director of the Geological Survey, which office is hereby established, under the Interior Department, who shall be appointed by the President by and with the advice and consent of the Senate, six thousand dollars: Provided, That this officer shall have the direction of the Geological Survey, and the classification of the public lands and examination of the Geological Structure, mineral resources and products of the national domain; and that the Director and members of the Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or examinations for private parties or corporations. (20 Stat. 394.) These were provisions of the sundry civil appropriation act for the fiscal year 1880, cited above. The work incident to the investigation of the arid regions of the United States, for the purpose of determining whether the same can be redeemed by irrigation, was to be performed by the Geological Survey, and the Director of the survey was required on the first Monday in December of each year to make a report to Congress showing how the money appropriated for said work had been expended, by Act Oct. 2, 1888, c. 1069, § 1, post, § 4696, and Act March 2, 1889, c. 411, § 1, post, § 776; but those provisions were to some extent superseded by provisions directing the Secretary of the Interior to make examinations and surveys for location of irrigation works, contained in the Reclamation Act of June 17, 1902, c. 1093, § 2, post, § 4701. Surveys of lands designated as forest reserves by executive proclamation were required to be made under the supervision of the Director of the Geological Survey, by a provision of Act June 4, 1897, c. 2, § 1, post, § 5124. Before any lands are purchased by the National Forest Reservation Commission, they are to be examined by the Geological Survey, and a report is to be made showing that the control of such lands will promote or protect the navigation of streams on whose watersheds they lie, by Act March 1, 1911, c. 186, § 6, post, § 5179. Surveys for the completion of surveys of the lands in the Indian Territory were to be conducted under the supervision of the Director of the Geological Survey, by the provision for such surveys of Act June 10, 1896, c. 398, § 1, 29 Stat. 343. Appropriations for the Director of the Geological Survey, and other officers, etc., are made by the annual sundry civil appropriation acts. The provisions for the fiscal year 1917 were by Act July 1, 1916, c. 209, § 1, 39 Stat. All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a. The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b. Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1915, c. 417, post, § 3230a. Notes of Decisions Rent of offices.-The appropriation made by Act June 16, 1880 (21 Stat. 259, 274), "for the expenses of the Geological Survey, and the classification of the public lands, and examination of the geological structures, mineral resources, and products of the national domain, to be expended under the direction of the Secretary of the Interior," is not applicable to the payment of rent of the building in Washington, D. C., leased from Dr. J. W. Bulkley, July 9, 1880, and used as offices for the Geological Survey. (1881) 17 Op. Atty. Gen. 87. That appropriation not being "in terms" made for the rent of any building or part of any building in the District of Columbia to be used by the Geological Survey, and no provision therefor being made elsewhere, the lease of July 9, 1880, was void. Id. § 771. (Act July 31, 1894, c. 174, § 1.) Acting Director. The Secretary of the Interior may hereafter authorize one of the geologists to act as Director of the Geological Survey in the absence of that officer. (28 Stat. 197.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1895, cited above. § 772. (Act June 16, 1880, c. 235.) Detail of ordnance officers for survey. The Secretary of War is hereby authorized to detail not exceeding two officers of the Ordnance Corps to serve with the Geological Survey: Provided, That in his judgment it can be done without injury to the service. (21 Stat. 274.) This was a provision of the sundry civil appropriation act for the fiscal year 1881, cited above. § 773. (Act July 7, 1884, c. 332.) Selection of scientific employés. The scientific employees of the Geological Survey shall be selected by the Director, subject to the approval of the Secretary of the Interior exclusively for their qualifications as professional experts. (23 Stat. 212.) This was a provision of the sundry civil appropriation act for the fiscal year 1885, cited above. Appropriations for officers, clerks, and other employés, scientific assistants, and general expenses of the Geological Survey are made by the annual Civil service appropriation acts. The provisions for the fiscal year 1917 were by Act July 1, 1916, c. 209, § 1, 39 Stat. Notes of Decisions Employé as United States officer.A field assistant on the United States Geological Survey designated as spe cial agent, whose service is not continuous, who is paid by the day when actually employed, and who does not take any oath of office, is not an officer under the United States within the meaning of article 1, § 9, par. 8, of the Constitution, and he may therefore accept from the King of Sweden the order of the "Knighthood of the North Star." (1911) 28 Op. Atty. Gen. 598. § 774. (Act June 30, 1906, c. 3914, § 1.) Assignments of pay by scientific and other employés and reimbursement of expenses. The Secretary of the Interior is hereby authorized to permit scientific and other employees of the United States Geological Survey, employed in the field, to make assignments of their pay, under such regulations as he may prescribe, during such time as they may be in the employ of the United States Geological Survey. And the Secretary of the Interior is further authorized, in his discretion, under such regulations as he may prescribe, to reimburse the scientific and other employees for expenses incurred by them in the discharge of their duties in the field and paid from their personal funds. (34 Stat. 727.) These were provisions of the sundry civil appropriation act for the fiscal year 1907, cited above. § 775. (Act June 28, 1902, c. 1301, § 1.) and scientific books, etc. Purchase of professional The purchase of professional and scientific books and periodicals needed for statistical purposes hereafter by the scientific divisions. of the United States Geological Survey is hereby authorized to be made and paid for out of appropriations made for the said Survey. (32 Stat. 455.) This was a proviso annexed to an appropriation for the purchase of books, etc., in the sundry civil appropriation act for the fiscal year 1903, cited above. § 776. (Act March 2, 1889, c. 411, § 1.) Irrigation surveys in arid regions; report of expenditures. Irrigation survey: For the purpose of investigating the extent to which the arid region of the United States can be redeemed by irrigation and the segregation of irrigable lands in such arid region, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and for ascertaining the cost thereof, and the prevention of floods and overflows, and to make the necessary maps, including the pay of employees in field and in office, the cost of all instruments, apparatus, and materials, and all other necessary expenses connected therewith, the work to be performed by the Geological Survey under the direction of the Secretary of the Interior, and the Director of the Geological Survey, under the supervision of the Secretary of the Interior, shall make a report to Congress on the first Monday in December of each year, showing in detail how the said money has been expended, the amount used for actual survey and engineer work in the field in locating sites for reservoirs, and an itemized account of the expenditures under this and any future appropriation. (25 Stat. 960.) * * These were provisions of the sundry civil appropriation act for the fiscal year 1890, cited above. The words omitted here stated the amount appropriated for the fiscal year for the work authorized. An appropriation for the same purposes, accompanied by provisions similar to those of this act, and further provisions for reservation of reservoir sites, etc., was made by the similar act for the preceding year, Act Oct. 2, 1888, c. 1069, § 1, 25 Stat. 526. Subsequent provisions requiring the Secretary of the Interior to make examinations and surveys for irrigation works, and to report to Congress the results thereof, were made by the Reclamation Act of June 17, 1902, c. 1093, § 2, post, § 4701. Cited without definite application, U. S. v. Van Horn (D. C. 1912) 197 Fed. 611, 612. § 777. (Act June 11, 1896, c. 420, § 1.) Topographic surveys; mode of marking elevations. * * United States Geological Survey. * * For topographic surveys in various portions of the United States, Provided, That hereafter in such surveys west of the ninety-fifth meridian elevations above a base level located in each area under survey shall be determined and marked on the ground by iron or stone posts or permanent bench marks, at least two such posts or bench marks to be established in each township or equivalent area, except in the forestclad and mountain areas, where at least one shall be established, and these shall be placed, whenever practicable, near the township corners of the public-land surveys; and in the areas east of the ninetyfifth meridian at least one such post or bench mark shall be similarly established in each area equivalent to the area of a township of the public land surveys. (29 Stat. 435.) These were provisions accompanying appropriations for the Geological Survey in the sundry civil appropriation act for the fiscal year 1897, cited above. § 778. (Act March 3, 1879, c. 182, § 1.) Reports of operations, etc.; special memoirs and reports, and publication, exchange, and sale thereof. The publications of the Geological Survey shall consist of the annual report of operations, geological and economic maps illustrating the resources and classification of the lands, and reports upon general and economic geology and paleontology. The annual report of operations of the Geological Survey shall accompany the annual report of the Secretary of the Interior. All special memoirs and reports of said survey shall be issued in uniform quarto series if deemed necessary by the Director, but otherwise in ordinary octavos. Three thousand copies of each shall be published for scientific exchanges and for sale at the price of publication; and all literary and cartographic materials, received in exchange shall be the property of the United States and form a part of the library of the organization: and the money resulting from the sale of such publications shall be covered into the Treasury of the United States, under the direction of the Secretary of the Interior. (20 Stat. 394.) These were further provisions accompanying those establishing the office of Director, etc., set forth ante, § 771, of the sundry civil appropriation act for the fiscal year 1880, cited above. So much of these provisions as related to the form of volumes, number of copies, publishing, and distribution of reports and other publications of the Geological Survey was superseded by the provisions in regard thereto of the general Printing and Binding Act of Jan. 12, 1895, c. 23, §§ 73, 79, post, §§ 7067, 7149, and of subsequent acts, set forth post, under Title XLV, "Public Printing, Advertisements, and Public Documents," especially those of Res. May 16, 1902, No. 22, post, § 7104. Subsequent provisions relating to the scientific reports known as monographs and bulletins, requiring specific estimates and appropriations therefor, contained in Act Aug. 4, 1886, c. 902, § 1, 24 Stat. 255, and regulating the distribution of special memoirs and reports to public libraries, Res. March 3, 1887, No. 16, 24 Stat. 647, were incorporated in and superseded by the similar provisions of the general Printing and Binding Act of Jan. 12, 1895, c. 23, § 79, post, § 7149. The Director was authorized to furnish transfers or copies of cartographic or other engraved or lithographic data in the division of engraving and printing of the Survey, on payment therefor, by a provision of Act June 30, 1906, c. 3914, § 1, post, § 781. The Director was required to furnish copies of photographs or lantern slides in the possession of the Survey, on payment therefor, by a provision of Act March 4, 1909, c. 299, § 1, post, § 782. § 779. (Res. Feb. 18, 1897, No. 13, § 1.) Distribution of topographic and geologic maps and atlases. That the Director of the Geological Survey be, and is hereby, authorized and directed, on the approval of the Secretary of the Interior, to dispose of the topographic and geologic maps and at lases of the United States, made and published by the Geological Survey, at such prices and under such regulations as may from time to time be fixed by him and approved by the Secretary of the Interior; and that a number of copies of each map or atlas, not exceeding five hundred, shall be distributed gratuitously among foreign governments and Departments of our own Government, to literary and scientific associations, and to such educational institutions or libraries as may be designated by the Director of the Survey and approved by the Secretary of the Interior. (29 Stat. 701.) This resolution, containing this section and the section next following, was entitled "Joint resolution providing for the distribution of the maps and atlases of the Geological Survey." A previous provision, authorizing the sale of topographical maps with text at cost and ten per centum added, contained in Act June 11, 1896, c. 420, § 1, 29 Stat. 436, was superseded by this act. § 780. (Res. Feb. 18, 1897, No. 13, § 2.) Distribution of maps and atlases to members of Congress. That one copy of each map and atlas shall be sent to each Senator and each Representative and Delegate in Congress, if published within his term; and that a second copy shall be placed at the disposal of each such Senator, Representative, and Delegate. (29 Stat. 701.) § 781. (Act June 30, 1906, c. 3914, § 1.) Sale of copies of cartographic or other engraved or lithographic data. The Director of the Geological Survey shall, if the regular map work of the Survey is in no wise interfered with thereby, hereafter furnish to any person, concern, institution, State or foreign government, that shall pay in advance the whole cost thereof with ten per centum added, transfers or copies of any cartographic or other engraved or lithographic data in the division of engraving and printing of the Survey, and the moneys received by the Director for such transfers or copies shall be deposited in the Treasury. (34 Stat. 727.) This was a provision of the sundry civil appropriation act for the fiscal year 1907, cited above. § 782. (Act March 4, 1909, c. 299, § 1.) Sale of copies of photographs or lantern slides. The Director of the Geological Survey shall hereafter furnish to any person, concern, or institution, in the interest of education and the dissemination of knowledge, that shall pay in advance the whole cost of material and services thereof, copies of any photographs or lantern. slides in the possession of the United States Geological Survey; and the moneys received by the director for the same shall be deposited in the United States Treasury. (35 Stat. 989.) This was a provision of the sundry civil appropriation act for the fiscal year 1910, cited above. (428) |