COMPENSATION OF COMMISSIONS, BOARDS, ETC.

[Extract from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and ten, and for other pur(Act March 4, 1909, ch. 299, 35 Stat. 945.)

poses.

Sec. 9. [Commissions, etc., compensation of, unless created by law, forbidden.]—That hereafter no part of the public moneys, or of any appropriation heretofore or hereafter made by Congress, shall be used for the payment of compensation or expenses of any commission, council, board, or other similar body, or any members thereof, or for expenses in connection with any work or the results of any work or action of any commission, council, board, or other similar body, unless the creation of the same shall be or shall have been authorized by law; nor shall there be employed by detail, hereafter or heretofore made, or otherwise personal services from any executive department or other Government establishment in connection with. any such commission, council, board, or other similar body. (35) Stat. 1027.)

Textual note.-The above provision is codified as section 673, title 31, United States Code, with the omission of the first two words, namely, "That hereafter," and with the omission of the words "heretofore or hereafter" in the second line.

99

UINTAH INDIAN LANDS FOR STRAWBERRY VALLEY PROJECT

[Extract from] An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1911. (Act April 4, 1910, ch. 140, 36 Stat. 269)

[Payment to Uintah Indians from reclamation fund for lands withdrawn for Strawberry Valley project-Installments-Reimbursement.]— That the Secretary of the Interior is hereby authorized to pay from the reclamation fund for the benefit of the Uintah Indians the sum of $1.25 per acre for the lands in the former Uintah Indian Reservation, in the State of Utah, which were set apart by the President for reservoir and other purposes under the provisions of the act approved March third, nineteen hundred and five, chapter fourteen hundred and seventy-nine, and which were by the Secretary of the Interior withdrawn for irrigation works under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, in connection with the reservoir for the Strawberry Valley project. Such payment shall be made in five annual installments, and the moneys paid shall be subject to the same disposition as the proceeds of the sales of lands in the former Indian reservation. All such payments shall be included in the cost of construction of said Strawberry Valley project to be reimbursed by the owners of lands irrigated therefrom, all receipts from said lands, as rentals or otherwise, being credited to the said owners. All right, title, and interest of the Indians in the said lands are hereby extinguished, and the title, management, and control thereof shall pass to the owners of the lands irrigated from said project whenever the management and operation of the irrigation works shall so pass under the terms of the reclamation act. (36 Stat. 285.)

See 14 Comp. Dec. 49.

100

NOTE

RIGHTS OF BUREAU OF RECLAMATION IN NATIONAL PARKS

[Extract from] An act to establish "The Glacier National Park" in the Rocky Mountains south of the international boundary line in the State of Montana, and for other purposes. (Act of May 11, 1910; 36 Štat. 354; U. S. C., title 16, sec. 161)

[Glacier National Park; establishment; trespassers claims and rights under land laws not affected; rights-of-way for railways; reclamation projects; indemnity selection of lands.]-The tract of land in the State of Montana particularly described by metes and bounds as follows, to wit: Commencing at a point on the international boundary between the United States and the Dominion of Canada at the middle of the Flathead River; thence following southerly along and with the middle of the Flathead River to its confluence with the Middle Fork of the Flathead River; thence following the north bank of said Middle Fork of the Flathead River to where it is crossed by the north boundary of the right-of-way of the Great Northern Railroad; thence following the said right-of-way to where it intersects the west boundary of the Blackfeet Indian Reservation; thence northerly along said west boundary to its intersection with the international boundary; thence along said international boundary to the place of beginning, is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the United States under the name of "The Glacier National Park." All persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom. Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. Rights-of-way through the valleys of the North and Middle Forks of the Flathead River for steam or electric railways may be acquired within said Glacier National Park under filings or proceedings heretofore or hereafter made or instituted under the laws applicable to the acquisition of such rights over or upon the unappropriated public domain of the United States, and the United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project. No lands within the limits of Glacier National Park belonging to or claimed by any railroad or other corporation now having or claiming the right of indemnity selection by virtue of any law or contract whatsoever shall be used as a basis for indemnity selection in any State or Territory whatsoever for any loss sustained by reason of the creation of Glacier National Park.

102 RIGHTS OF BUREAU OF RECLAMATION IN NATIONAL PARKS

NOTES

The statement "The United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project" is also contained in section 1 of the act of January 26, 1915, 38 Stat. 798 (U. S. C., title 16, sec. 191), establishing the Rocky Mountain National Park in Colorado; and in section 1 of the act of August 9, 1916, 39 Stat. 442 (U. S. C., title 16, sec. 201), establishing the Lassen Volcanic National Park in California. Section 7 of the act of February 26, 1919, 40 Stat. 1178 (U. S. C., title 16, sec. 227), relating to the establishment of the Grand Canyon National Park in Arizona, reads as follows:

"Whenever consistent with the primary purposes of said park, the Secretary of the Interior is authorized to permit the utilization of areas therein which may be necessary for the development and maintenance of a Government reclamation project."

Act of March 3, 1921 (41 Stat. 1353), requires consent of Congress to construct waterways, etc., in national parks and national monuments. See Solicitor's opinion, July 19, 1935, following act of March 3, 1921, holding special act of January 26, 1915, authorizing Bureau to construct works in Rocky Mountain National Park, was not repealed by act of March 3, 1921.

TREATY WITH GREAT BRITAIN REGARDING ST. MARY AND MILK RIVERS, MONT.

[Extract from] Treaty between the United States and Great Britain relating to boundary waters between the United States and Canada. Signed at Washington, January 11, 1909; ratification advised by the Senate, March 3, 1909; ratified by the President, April 1, 1910; ratified by Great Britain, March 31, 1910; ratifications exchanged at Washington, May 5, 1910; proclaimed May 13, 1910; 36 Stat. 2451.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

*

*

ART. 6. The high contracting parties agree that the St. Mary and Milk Rivers and their tributaries (in the State of Montana and the Provinces of Alberta and Saskatchewan) are to be treated as one stream for the purposes of irrigation and power, and the waters thereof shall be apportioned equally between the two countries, but in making such equal apportionment more than half may be taken from one river and less than half from the other by either country, so as to afford a more beneficial use to each. It is further agreed that in the division of such waters during the irrigation season, between the 1st of April and 31st of October, inclusive, annually, the United States is entitled to a prior appropriation of 500 cubic feet per second of the waters of the Milk River, or so much of such amount as constitutes three-fourths of its natural flow, and that Canada is entitled to a prior appropriation of 500 cubic feet per second of the flow of St. Mary River, or so much of such amount as constitutes three-fourths of its natural flow.

The channel of the Milk River in Canada may be used at the convenience of the United States for the conveyance, while passing through Canadian territory, of waters diverted from the St. Mary River. The provisions of article 2 of this treaty shall apply to any injury resulting to property in Canada from the conveyance of such waters through the Milk River.

The measurement and apportionment of the water to be used by each country shall from time to time be made jointly by the properly constituted reclamation officers of the United States and the properly constituted irrigation officers of His Majesty, under the direction of the International Joint Commission.

NOTES

Interpretation of article.-For an extended discussion of the intent of this article see printed briefs and arguments on file with the International Joint