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licensing such uses of existing national parks and national monuments by the Federal Power Commission is hereby repealed.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.)

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

[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.)

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 Brown 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.)

SPECIAL PROVISIONS OF APPROPRIATION ACT FOR 1922 257

[Riverton project, Wyoming-Payments for homestead entries.]When any land on the project is opened to homestead entry under the terms of the "reclamation law." the entryman shall pay to the United States for the lands the sum of $1.50 per acre as provided in section 2 of the act approved March 3, 1905 (volume 33, Statutes at Large, page 1016), to be credited to the fund established by said act of 1905, together with the proceeds from the sale of town sites established in said project under the "reclamation law." (41 Stat. 1404.)

Textual note. This provision is codified as the second paragraph of section 597, title 43, United States Code. The first paragraph of said section 597 is taken from the act of June 5, 1920 (41 Stat. 874).

[Contributed funds-Expenditures.]-All moneys hereafter received from any State, municipality, corporation, association, firm, district, or individual for investigations, surveys, construction work, or any other development work incident thereto involving operations similar to those provided for by the reclamation law shall be covered into the reclamation fund and shall be available for expenditure for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes. (41 Stat. 1404.)

Textual note. This provision is codified as section 395, title 43, United States Code, the words "hereafter received" being changed to "received after March 4, 1921."

WATER FOR DELINQUENT APPLICANTS

Joint resolution to authorize the Secretary of the Interior, in his discretion, to furnish water to applicants and entrymen in arrears for more than one calendar year of payment for maintenance or construction charges notwithstanding the provisions of section 6 of the act of August 13, 1914. (Pub. Res. No. 3, ch. 7, May 17, 1921, 42 Stat. 4)

[Secretary authorized to furnish water during season of 1921 to applicants or entrymen in arrears more than one calendar year.]—That in view of the financial stringency and the low price of agricultural products, the Secretary of the Interior is hereby authorized, in his discretion, after due investigation, to furnish irrigation water on the Federal irrigation projects during the irrigation season of 1921 to waterright applicants or entrymen who are in arrears for more than one calendar year for the payment of any charge for operation and maintenance, or any construction charges and penalties, notwithstanding the provisions of section 6 of the act of August 13, 1914 (Thirty-eighth Status, page 686): Provided, That nothing herein shall be construed to relieve any beneficiary hereunder from payments due or penalties thereon required by said act. (42 Stat. 4.)

NOTE

Regulations. Every water-right applicant or entryman who desires to obtain the benefits of this act must file an application in writing with the project superintendent setting forth such facts as may be necessary to show his inability to make payment of the charges more than one calendar year overdue. The project superintendent will submit the application to the board of directors of the water users' association for their report and will report promptly upon their recommendation. If water has been furnished under preliminary instructions such service must cease if the application under the joint resolution is denied by the Secretary. The applicant should be fully advised of his liability for all payments due or penalties thereon required by the act of August 13, 1914 (38 Stat. 686), under the final proviso of the joint resolution. (C. L. 1005, May 18, 1921.)

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