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RIGHTS OF WAY ON THE PUBLIC DOMAIN

An act to amend acts to permit the use of the right of way through the public lands for

tramroads, canals, and reservoirs, and for other purposes. (Act March 1, 1921, ch. 93, 41 Stat. 1194)

[Easements adjoining irrigation rights of way permitted for administration work.]—That in addition to the rights of way granted by sections 18, 19, 20, and 21 of the act of Congress entitled “An act to repeal timber-culture laws, and for other purposes," approved March 3, 1891 (Twenty-sixth Statutes, page 1095), as amended by the act of Congress entitled “An act to amend the irrigation act of March 3, 1891 (Twenty-sixth Statutes, page 1095, section 18), and to amend section 2 of the act of May 11, 1898 (Thirtieth Statutes, page 404), approved March 4, 1917 (Thirty-ninth Statutes, page 1197), and, subject to the conditions and restrictions therein contained, the Secretary of the Interior is authorized to grant permits or easements for not to exceed five acres of ground adjoining the right of way at each of the locations, to be determined by the Secretary of the Interior, to be used for the erection thereon of dwellings or other buildings or corrals for the convenience of those engaged in the care and management of the works provided for by said acts: Provided, That this act shall not apply to lands within national forests. (41 Stat. 1194.)

Textual note.—The substance of this act is codified as section 950, title 43, United States Code, the introductory word "That” being omitted; the words "sections 18, 19, 20, and 21," etc., down through “(Thirty-ninth Statutes, page 1197)" being changed to "sections 946 to 949, inclusive,' the word "acts", just preceding the proviso reading "sections," and the word "act" in the last line reading "section.”

NOTE

Regulations.-See General Land Office instructions of May 16, 1921, 48 L. D. 113, referring to regulations of June 6, 1908, 36 L. D. 567. See notes under act of March 3, 1891 (26 Stat. 1095).

252

PATENTS TO DISABLED SOLDIER ENTRYMEN

An act to authorize certain homestead settlers or entrymen who entered the military or naval service of the United States during the war with Germany to make final proof of their entries. (Act March 1, 1921, ch. 102, 41 Stat. 1202)

[Honorably discharged, incapacitated World War veterans may receive patent without further residence.]—That any settler or entryman under the homestead laws of the United States, who, after settlement, application, or entry and prior to November 11, 1918, enlisted or was actually engaged in the United States Army, Navy, or Marine Corps during the war with Germany, who has been honorably discharged and because of physical incapacities due to service is unable to return to the land, may make proof, without further residence, improvement, or cultivation, at such time and place as may be authorized by the Secretary of the Interior, and receive patent to the land by him so entered or settled upon: Provided, That no such patent shall issue prior to the survey of the land. (41 Stat. 1202.)

Textual note.-This act, as amended by the act of April 7, 1922 (42 Stat. 492), is codified, in substance, as section 238, title 43, United States Code.

NOTES

Amendments.-This act amended by act of December 15, 1921, 42 Stat. 348 (see 48 L. D. 427), and by act of April 7, 1922, 42 Stat. 492. See notes under latter act.

The above act is an amendment of the homestead law but does not abrogate the provisions of the reclamation law regarding reclamation of one-half of the irrigable area and payment of water charges. These two laws are separate and distinct. The act of March 1, 1921, does not require patent to issue for lands under irrigation projects before submission of final affidavit approved by the project manager, showing reclamation of one-half the irrigable area of the entry and payment of all fees, commissions, and water charges to date of such approval. (Departmental decision re Claude E. Barker, Belle Fourche project, August 3, 1921.)

Regulations.-General Land Office instructions printed at 48 L. D. 55 (C. L. 1011); 49 L. D. 125, and in C. L. 1036, August 22, 1921.

RESERVOIRS OR WATERWAYS WITHIN NATIONAL PARKS

An act to amend an act entitled "An act to create a Federal Power Commission; to

provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes," approved June 10, 1920. (Act of Mar. 3, 1921, 41 Stat. 1353)

[Consent of Congress required to construct works within limits of any national park or national monument.]—That hereafter no permit, license, lease, or authorization for dams, conduits, reservoirs, power houses, transmission lines, or other works for storage or carriage of water, or for the development, transmission, or utilization of power, within the limits as now constituted of any national park or national monument shall be granted or made without specific authority of Congress, and so much of the Act of Congress approved June 10, 1920, entitled "An Act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes," approved June 10, 1920, as authorizes licensing such uses of existing national parks and national monuments by the Federal Power Commission is hereby repealed.

NOTE

Consent of Congress required for construction of reservoirs or waterways within National parks or National monuments.—The act of March 3, 1921 (41 Stat. 1353), prohibiting the construction of reservoirs or other works for the storage or carriage of water within the limits of any national park or national monument without specific authority of Congress, necessitates the consent of Congress whether such works are constructed by the Government or by a private company. The fact that the Department considers the works to be constructed not detrimental to the purposes of the reservation is not sufficient to justify the construction without the consent of Congress. (Dec. of Solicitor, approved by Acting Secretary, November 8, 1924.)

In this connection see special acts establishing parks but authorizing Bureau of Reclamation to construct works if necessary. Act of May 11, 1910, 36 Stat. 354 ; January 26, 1915 (38 Stat. 798); August 9, 1916 (39 Stat. 442), and February 26, 1919 (40 Stat. 1178).

The provision of the act of January 26, 1915 (38 Stat. 798) authorizing the Bureau of Reclamation to utilize any area within the Rocky Mountain National Park which may be necessary for the development and maintenance of a Government reclamation project, was not repealed or rescinded by the later general law of March 3, 1921 (41 Stat. 1353), requiring the specific authority of Congress for any permit, license, or authorization for dams, conduits, reservoirs, etc., within any national park. (Opinion of Solicitor, approved by the Secretary, July 19, 1935.)

254

DATE OF TERMINATION OF WORLD WAR

(Extract from] Joint resolution declaring that certain acts of Congress, joint resolutions, and proclamations shall be construed as if the war had ended and the present or existing emergency expired. (Pub. Res. No. 64, ch. 136, March 3, 1921, 41 Stat. 1359)

Effective date of resolution construed as date of termination of war. ]That in the interpretation of any provision relating to the duration or date of the termination of the present war or of the present or existing emergency, meaning thereby the war between the Imperial German Government and the Imperial and Royal Austro-Hungarian Government and the Government and people of the United States, in any acts of Congress, joint resolutions, or proclamations of the President containing provisions contingent upon the duration or the date of the termination of such war or of such present or existing emergency, the date when this resolution becomes effective shall be construed and treated as the date of the termination of the war or of the present or existing emergency, notwithstanding any provision in any act of Congress or joint resolution providing any other

mode of determining the date of such termination. And any act of Congress, or any provision of any such act, that by its terms is in force only during the existence of a state of war, or during such state of war and a limited period of time thereafter, shall be construed and administered as if such war between the Governments and people aforesaid terminated on the date when this resolution becomes effective, any provision of such law to the contrary notwithstanding. (41 Stat. 1359.)

NOTES

Cross references. Certain statutes relating to public lands and public-land claimants, affected by above resolution, are enumerated in General Land Office circular, printed at 48 L. D. 78. (C. L. 1011 June 7, 1921.) See 50 L. D. 575 for amendment of portion of said General Land Office circular.

Dates of beginning and end of war, 49 L. D. 1.
Miscellaneous references.-C. L. 986, March 26, 1921, eight hour law.

C. L. 988, April 7, 1921, purchase of Government supplies for period of war from penal institutions; and clause regarding convict labor.

SPECIAL PROVISIONS OF APPROPRIATION ACT FOR FISCAL YEAR

1922

[Extract from] An act making appropriations for the sundry civil expenses of the Govern

ment for the fiscal year ending June 30, 1922, and for other purposes. (Act March 4, 1921, ch. 161, 41 Stat. 1367)

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[New town site to replace American Falls. ]-Minidoka project, Idaho: For operation and maintenance, continuation of construction, and incidental operations, with authority in connection with the construction of American Falls Reservoir, to purchase or condemn and to improve suitable land for a new town site to replace the portion of the town of American Falls which will be flooded by the reservoir, and to provide for the removal of buildings to such new site and to plat and to provide for appraisal of lots in such new town site and to exchange and convey such lots in full or part payment for property to be flooded by the reservoir and to sell for not less than the appraised valuation any lots not used for such exchange, $1,735,000, together with the unexpended balance of the appropriation for this project for the fiscal year 1921. (41 Stat. 1403.)

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Similar provisions are carried in appropriation acts of May 24, 1922 (42 Stat. 584), and January 24, 1923 (42 Stat. 1174).

Manner of payment of judgment.--The act of March 3, 1925 (43 Stat. 1165, 1166), made appropriations from the reclamation fund and for expenses of the Minidoka project, and as the judgment is not one for damages as considered by a former Comptroller of the Treasury in decision of January 31, 1913, same is not required to be specifically reported to the Congress pursuant to the act of April 27, 1904 (33 Stat. 422), for a specific appropriation for its payment, but may be charged to the "Reclamation fund, special fund (American Falls)." (5 Comp. Gen. Dec. 737, 738.)

Condemnation of land for town site. For the purpose of providing for a new town site the United States brought suit in eminent domain to acquire title in fee to 120 acres of land, the property of De Witt G. Brown, under authority of a special provision in the appropriation act of March 4, 1921 (41 Stat. 1403). The defendant having contested the suit, United States District Judge Dietrich held that the necessity of taking land by condemnation for public purposes is a legislative question, and when the taking is to be by the Government itself, an act authorizing it is presumed to be within the constitutional power of Congress, and that the said act of March 4, 1921, is valid and authorizes such condemnation. (United States v. Brown et al. (1922), 279 Fed. 168.) Decree affirmed in Broun v. U. S. (1923), 263 U. S. 78, 68 L. Ed. 171, 44 S. Ct. 92.

Cross reference.-See notes under act of June 5, 1924. (43 Stat. 417.)

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