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acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. (32 Stat. 390.)

Textual note.—This section is codified as section 373, title 43, United States Code. In the code the first word "That" is omitted, and "act" reads "chapter."

NOTES

Authority for and effect of rules and regulations.-Congress may authorize the Secretary of the Interior to make rules and regulations for the carrying into effect of the provisions of a law as to the public lands the enforcement of which devolves on his department. (Clyde v. Cummings (1909), 35 Utah, 461, 101 Pac. 106.)

A rule by the Secretary of the Interior, the import of which is to carry into effect the provisions of an act relating to the public lands, is valid, and has the same binding force as the law itself. (Idem.)

This section gives the Secretary of the Interior no authority or power that he would not have if it were omitted. (Op. Atty. Gen., April 27, 1905.)

Rules and regulations prescribed by the Secretary of the Interior under statutory authority have the effect of statutes and will be judicially noticed by the courts. (Alford et al. v. Hesse (D. C. A. 1st Dist. Calif., 1929), 279 Pac. 831.)

Use of withdrawn lands.-The Secretary of the Interior may establish rules as to the use of withdrawn lands while not needed for the purpose for which they are reserved, and may lease them for grazing and limit animals to be grazed thereon, the revenue derived going into the reclamation fund. (Clyde v. Cummings (1909), 35 Utah, 461, 101 Pac. 106.)

Lease of rooms.-The appropriation known as the "reclamation fund," being a permanent appropriation, the Secretary of the Interior may, under the power conferred on him by this section, authorize the leasing of certain rooms in Phoenix, Ariz., for a period of five years for the use of the Reclamation Service (Bureau of Reclamation), the rent therefor to be paid from said appropriation. (10 Comp. Dec. 461.)

Young Men's Christian Association.-Under the broad authority conferred upon the Secretary of the Interior by this section, he may, by specific contract with the employees of the Reclamation Service (Bureau of Reclamation) or by general regulation, employ trained secretaries of the Young Men's Christian Association to improve the conditions in construction camps and to look after the sanitary and related matters as incidental to the employment of and as a part of the compensation of said employees, and payment therefor may be made from the reclamation fund. (14 Comp. Dec. 672.)

Liquidation of damages.-Where damage to lands arises in connection with construction, operation, or maintenance of a reclamation project, and is caused neither by negligence nor by accident, the Secretary of the Interior now and always has had, under section 10 of the reclamation act, the power to liquidate the damages, as declared by Congress in the appropriation act of March 3, 1915. (38 Stat. 351.) The latter act is a legislative construction of the reclamation act. The damages in question must be due to acts by direction of competent authority. (Comp. Dec. In re Scott, June 15, 1915, Shoshone.)

Travel expense. - Where a contract of employment for work of intermittent character provides for the payment of an employee's traveling expenses to the first duty station, the Bureau of Reclamation has authority to pay transportation to the first duty station as a part of the agreed compensation. Section 6 of the act of December 22, 1927 (45 Stat. 50), requiring that travel performed in pursuance of change of duty station shall be authorized by the head of the department, is not applicable in such cases. (Comp. Gen. Dec. A-25799, February 5, 1929, Re Hubert A. Kraeger, Owyhee project.)

Transportation of Government property.-Charges of the Pacific Motor Transport Co., a subsidiary of the Southern Pacific Company, for transportation of property on Government bill of lading over land grant lines of the Southern Pacific Company, are subject to land-grant deduction. (Comptroller General decision A-57081, September 12, 1934.)

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Appeals.--Appeals from the action of a project engineer lie in the first instance to the Director (Commissioner) of the Reclamation Service (Bureau of Reclamation), with right of further appeal to the Secretary of the Interior. (Williston Land Co., 39 L. D. 2.)

The instructions of June 27, 1910 (39 L. D. 51), providing for appeals to the Director (Commissioner) of the Reclamation Service (Bureau of Reclamation) and the Secretary of the Interior, successively, from adverse action of project engineers, are applicable only in cases involving questions which properly rest for decision within the jurisdiction of the Reclamation Service (Bureau of Reclamation). (Anna M. Wright, 40 L. D. 116.)

Any matter at issue arising in connection with and within the jurisdiction of the Reclamation Service (Bureau of Reclamation) should first be decider by the Reclamation Service (Bureau of Reclamation), with right of appeal to the Secretary of the Interior. (Departmental decision, March 8, 1915, 44 L. D. 11.)

See reclamation regulations of June 27, 1910, as to appeals from action of field officers in reclamation inatters. (39 L. D. 51.)

See sections 148–153, general reclamation circular, approved May 18, 1916, 45 L. D. 385.

Suspension of public notices.—The Secretary of the Interior has no general supervisory authority under section 441, Revised Statutes, under section 10 of the act of June 17, 1902, or under section 15 of the act of August 13, 1914, to suspend public notices issued under the reclamation law. (Departmental opinion December 31, 1923, In re Shoshone irrigation project, 50 L. D. 223.)

Miscellaneous.---See notes under section 1 of this act.

See C. L. 818, May 12, 1919, regarding authority of Secretary of the Interior to provide means for extermination of grasshoppers and other pests.

C. L. 1423, June 22, 1925, incloses Comptroller General's decision regarding employment contract for personal services and equipment.

RECLAMATION OF INDIAN LANDS IN YUMA, COLORADO RIVER,

AND PYRAMID LAKE INDIAN RESERVATIONS

[Extracts from) An act making appropriations for the current and contingent expenses of

the Indian Department, and for fulflling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1905, and for other purposes. (Act April 21, 1904, ch. 1402, 33 Stat. 189)

*

Sec. 25. [Reclamation and disposal of irrigable lands in Yuma and Colorado River reservations-Diversion of Colorado River-AllotmentPrice per acre-Installment payments—Proceeds. ]—That in carrying out any irrigation enterprise which may be undertaken under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and which may make possible and provide for, in connection with the reclamation of other lands, the reclamation of all or any portion of the irrigable lands on the Yuma and Colorado River Indian reservations in California and Arizona, the Secretary of the Interior is hereby authorized to divert the waters of the Colorado River and to reclaim, utilize, and dispose of any lands in said reservations which may be irrigable by such works in like manner as though the same were a part of the public domain : Provided, That there shall be reserved for and allotted to each of the Indians belonging on the said reservations five acres of the irrigable lands. The remainder of the lands irrigable in said reservations shall be disposed of to settlers under the provisions of the reclamation act: Provided further, That there shall be added to the charges required to be paid under said act by settlers upon the allotted Indian lands such sum per acre as, in the opinion of the Secretary of the Interior, shall fairly represent the value of the unallotted lands in said reservations before reclamation; said sum to be paid in annual installments in the same manner as the charges under the reclamation act. Such additional sum per acre when paid shall be used to pay into the reclamation fund the charges for the reclamation of the said allotted lands, and the remainder thereof shall be placed to the credit of said Indians and shall be expended from time to time under the direction of the Secretary of the Interior for their benefit. (33 Stat. 224.)

NOTES

Amendment.--Irrigable area to be allotted each Indian increased from 5 acres to 10 acres by act of March 3, 1911. (36 Stat. 1063.)

Sec. 26. [Reclamation and disposal of irrigable lands in Pyramid Lake Indian Reservation-Allotment-Price per acre-Installment paymentsProceeds. ]—That in carrying out any irrigation enterprise which may be undertaken under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and which may make possible and provide for, in connection with the reclamation of other

RECLAMATION OF INDIAN LANDS IN YUMA

65

lands, the reclamation of all or any portion of the irrigable lands on the Pyramid Lake Indian Reservation, Nevada, the Secretary of the Interior is hereby authorized to reclaim, utilize, and dispose of any lands in said reservation which may be irrigable by such works in like manner as though the same were a part of the public domain: Provided, That there shall be reserved for and allotted to each of the Indians belonging on the said reservation five acres of the irrigable lands. The remainder of the lands irrigable in said reservation shall be disposed of to settlers under the provisions of the reclamation act: Provided further, That there shall be added to the charges required to be paid under said act by settlers upon the unallotted Indian lands such sum per acre as in the opinion of the Secretary of the Interior shall fairly represent the value of the unallotted lands in said reservation before reclamation, said sum to be paid in annual installments in the same manner as the charges under the reclamation act. Such additional sum per acre, when paid, shall be used to pay into the reclamation fund the charges for the reclamation of the said allotted lands, and the remainder thereof shall be placed to the credit of said Indians and shall be expended from time to time under the direction of the Secretary of the Interior for their benefit. (33 Stat. 225.)

CROW INDIAN IRRIGABLE LANDS SUBJECTED TO RECLAMATION

LAW

[Extracts from] An act to ratify and amend an agreement with the Indians of the Crow

Reservation in Montana, and making appropriations to carry the same into effect. (Act

April 27, 1904, Ch. 1824, 493 makine appropriat

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Art. II. [Ceded lands to be disposed of under reclamation law.]-That in consideration of the land ceded, granted, relinquished, and conveyed by article one of this agreement the United States stipulates and agrees to dispose of the same as hereinafter provided under the provisions of the reclamation act approved June seventeenth, nineteen hundred and two, the homestead, town site, and mineral land laws, except sections sixteen and thirty-six, or an equivalent of two sections in each township, at not less than four dollars per acre, subject to the provisions in section five.

(33 Stat. 356.)

Sec. 5. [Filing schedule of allotments—Residue to be disposed of under reclamation act—Indian employees Undisposed of lands to be open to settlement-Nonirrigable lands.]—That before any of the lands by this agreement ceded are opened to settlement or entry the Commissioner of Indian Affairs shall cause the allotments to be made and the schedule to be prepared, as provided for in section four of this act, and a duplicate of said schedule shall be filed with the Commissioner of the General Land Office. Upon the completion of such allotments and the filing of such schedule, and after the sale or removal of such improvements, the residue of such ceded lands, except sections sixteen and thirty-six, or lands in lieu thereof, which shall be reserved for common-school purposes and are hereby granted to the State of Montana for such purpose, shall be subject to withdrawal and disposition under the reclamation act of June seventeenth, nineteen hundred and two, so far as feasible irrigation projects may be found therein. The charges provided for by said reclamation act shall be in addition to the charge of four dollars per acre for the land, and shall be paid in annual installments as required under the reclamation act; and the amounts to be paid for the land shall be credited to the funds herein established for the benefit of the Crow Indians. If any lands in sections sixteen and thirty-six are included in an irrigation project under the reclamation act, the State of Montana may select in lieu thereof, as herein provided, other lands not included in any such project, in accordance with the provisions of existing law concerning school-land selections. In any construction work upon the ceded lands performed directly by the United States under the reclamation act preference shall be given to the employment of Crow Indians, or whites inter

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