from State taxes. porated cities. No exemption herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State. Rights of incor- Territorial, or municipal authority. And incorporated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities, and nothing Use of right of herein shall authorize the use of such right of way except way restricted. Time limit. Amendment. Rights of way lands. for pipe line, and then only so far as may be necessary for its construction, maintenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Secretary of the Interior, at the expiration of said twenty years, may extend the right to maintain any pipe line constructed under this Act for another period not to exceed twenty years from the expiration of the first right. upon such terms and conditions as he may deem proper. SEC. 2. The right to alter, amend, or repeal this Act is expressly reserved.2 Approved, March 11, 1904 (33 Stat. 65). Extract from the Indian appropriation Act approved March 2, 1917 (39 Stat. 969-973). That the following provision of the Act approved through Indian March eleventh, nineteen hundred and four (Thirty-third Statutes, page sixty-five), authorizing the Secretary of the Interior to grant rights of way across Indian lands for the conveyance of oil and gas, to wit: "No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from, and the maps of definite location of said lines approved by, the Secretary of the Interior," be, and the same is hereby, amended to read as follows: Approval of title. "Before title to rights of way applied for hereunder shall vest, maps of definite location shall be filed with and approved by the Secretary of the Interior: Provided. That before such approval the Secretary of the Interior may, under such rules and regulations as he may prescribe, grant temporary permits revocable in his discretion for the construction of such lines." An Act Amending an Act entitled "An Act authorizing and directing the Secretary of the Interior to sell to the city of Los Angeles. California, certain public lands in California; and granting rights in, over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and the San Gabriel Timberland Reserve, California, to the city of Los Angeles, California," approved June 30, 1906. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of an Act entitled "An Act au "Amended by Act of Mar. 2. 1917. Calif. thorizing and directing the Secretary of the Interior to Los Angeles, sell to the city of Los Angeles, California, certain public Vol. 34, p. 801, lands in California; and granting rights in, over, and amended. through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and the San Gabriel Timberland Reserve, California, to the city of Los Angeles, California," approved June 30, 1906, be, and the same is hereby, amended to read as follows: granted to con Inyo, Kern, and Counties, etc. tional Forest "SECTION 1. That there is hereby granted to the city of Rights of way Los Angeles, California, a municipal corporation of the struct water supState of California, all necessary rights of way, not to ply plant, etc. exceed two hundred and fifty feet in width, over and through the public lands of the United States in the counties of Mono, Inyo, Kern, and Los Angeles, State of Cali- Through Mono, fornia, and over and through the Inyo and Santa Bar- Los Angeles bara National Forests, and that portion of the Angeles National Forest situate and lying west of range six west, San Bernardino meridian, as established by the United States public land survey, and that portion of the Se-Sequoia Na quoia National Forest east of the crest of the Sierra Ne- added. vada Mountains, in said State, for the purpose of constructing, operating, and maintaining such canals, ditches, pipes and pipe lines, flumes, tunnels, and conduits for conveying water to the city of Los Angeles as have been heretofore constructed, and for the purpose of constructing, operating, and maintaining power and electric plants, poles, and lines for the generation and distribution of electric energy, together with such lands as the Secretary of the Interior may deem to be actually necessary for power houses, diverting and storage dams and reservoirs, and necessary buildings and structures to be used in connection with the construction, operation, and maintenance of said water power and electric plants whenever said city shall have filed as hereinafter provided, and the same shall have been approved by the Secretary of the Interior, a map or maps showing the boundaries, locations, and extent of said proposed rights of way for the purposes hereinabove set forth: Provided, however, That the Proviso. grant hereby made shall not apply to lands located in the drainage basin of Kern River or in that portion of Mono County lying north and west of the Owens River drainage basin, and embracing Mono Lake drainage basin and Adobe Valley and Black Lake drainage basin, or to lands located upon Bishop Creek or its branches in Inyo County or to lands in the Fish Slough Reservoir site in the counties of Inyo and Mono, in said State, or to any lands which may be found to have been illegally purchased from the United States by said city, or to any lands the title to which was on the 31st day of October, 1919, or is now forfeitable to the United States by force of any Act of Congress." Lands excluded. Vol. 34, p. 801, amended. Maps to be filled in land offices. Мара changes. retary of Interior required. Provisos. Rights begin maps. SEC. 2. That section 2 of the Act entitled and approved as aforesaid be, and the same is hereby, amended to read as follows: "SEC. 2. That on or before the 31st day of December, 1922, the city of Los Angeles shall file with the register of the United States land offices in the districts where the lands traversed by said rights of way are located a map or maps showing the boundaries, locations, and extent of said proposed rights of way, for the purposes stated in section 1 of this Act, and there shall also be filed within that time all desired changes of location, the of amended map or maps necessary to show such changes of location to be filed in the same manner and subject to the same approval as are the original map or maps of location, but no construction work shall be commenced on any of said lands until the map or maps have been filed as herein provided and until said map or maps and the proposed plan of development have been approved by Action of Sec- the Secretary of the Interior, and the approval by the Secretary of the Interior of any amended map or maps showing changes of location of said rights of way shall operate as an abandonment ipso facto by the city of Los Angeles, to the extent of such change or changes, of the rights of way indicated on the original map or maps: Provided, That any rights inuring to the city of Los with fling of Angeles under this Act shall, on approval by the Secretary of the Interior of the map or maps and the plan of development referred to, relate back to the date of the filing of said map or maps with the register of the United rights of way for States land office, as provided herein: Provided, That water uses, al during the period allowed the city of Los Angeles, for filing maps or applications under this Act, the head of the department having jurisdiction over the lands, may grant easements or permits for rights of way, under any Act of Congress now in force or hereafter enacted, for pipes, pipe lines, canals, ditches, flumes, tunnels, or reservoirs for the conveyance, delivery, or storage of water for irrigation, mining, or domestic purposes, or for the generation of electric power, including rights of way for the construction of power plants, towers, transmission and distribution lines, for the generation and delivery of electricity, if after affording the city an opportunity to be heard, such head of department shall find that the easement or permit may be granted without destruction of or material interference with the works constructed or proposed to be constructed by the city and for which application is filed by said city within ninety days of notice of the possibly conflicting application: Provided Right to make further, That all rights of way herein and hereby further grants re- granted and all other rights of way hereafter granted under general laws, for the purposes herein enumerated, over lands within the operation of this Act, shall be with lowed. Condition, served. the reservation of the power to thereafter grant other rights of way by easement or permt, conflicting with such prior grants or permits for the purpose of permitting crossing of rights of way, including rights of way for roads, or for limited distances necessary common use of prior rights of way, under such conditions as the head of the department shall find necessary and shall determine to be properly protective against interference with and not detrimental to the construction, operation, and maintenance of the works of prior grantees or permittees. SEC. 3. That section 3 of the Act entitled and approved as aforesaid be, and the same is hereby, amended to read as follows: Conditions. Vol. 34, p. 801, amended. to homestead, min Provisos. paired. "SEC. 3. That the rights of way hereby granted shall Protection not be effective over any land upon which homestead, ing. etc.; claims. mining, or other existing valid claims shall have been filed or made until the city of Los Angeles shall have procured proper relinquishments of all such entries and claims, or acquired title by due process of law and just compensation paid to said entrymen or claimants and Compensation. caused proper evidence of such fact to be filed with the Secretary of the Interior: Provided, however, That this Act shall not apply to any lands embraced in rights of etc, not im. way heretofore approved under any Act of Congress, nor affect the adjudication of any pending applications for rights of way by the owner or owners of existing water rights, and that no private right, title, interest, or claim of any person, persons, or corporation, in or to any of the lands traversed by or embraced in said right of way shall be interfered with or abridged, except with the consent of the owner or owners or claimant or claimants thereof, or by due process of law, and just compensation paid to such owner or claimant: Provided, Lands subject That the lands affected hereby shall in accordance with try, etc., prior to existing law continue to be subject to applications for at maps by homesteads, for rights of way for canals, ditches, or reservoirs, for the conveyance, delivery, or storage of water for irrigation, if same be filed in the proper United States land office prior to the filing of maps by the city of Los Angeles, showing the boundaries, location, and extent of the rights of way sought by said city, and the consideration and adjudication of such applications by the department having jurisdiction thereof shall be wholly upon the merits of such applications, unaffected by any possible conflict with the plans of said city: And provided further, That the grant hereby made, Grant to Owens shall not apply to any lands or rights of way included power project not in any application filed by, and thereafter approved to, affected hereby. any person or corporation for the development and transmission of hydroelectric power in connection with any project upon which actual construction work was being performed prior to June 30, 1906, on that portion. to homestead en Aling River Gorge applications. to irrigation rights. of Owens River lying above the confluence of Rock Creek and said river, and locally known as Owens River Gorge, and upon which portion construction work may Time limit for have been carried on continuously since that date: Provided, That such applications for rights of way over or the right to use lands shall be filed within six months Reservations as from the date of the passage of this Act: And provided further, That any approval of rights of way for reservoir purposes for the storage of water for use in whole or in part for the generation of electric power, under the provisions of this Act, shall contain the express condition that such reservoirs shall not, without the consent of the parties having irrigation rights which would be affected by such storage, be used in such manner as will interfere with the use of such stored water for irrigation purposes, unless provision shall be made by said city for secondary storage for such irrigation use. Vol. 34, p. 803, amended. Easements Forfeiture for ment. to noncompleted SEC. 4. That section 5 of the Act entitled and approved as aforesaid be, and the same is hereby, amended to read as follows: "SEC. 5. That all lands over which the rights of way granted. mentioned in this Act shall pass shall be disposed of, Provisos. subject to such easements: Provided, however, That if noncom mence- the construction of said waterworks shall not have been begun in good faith within five years of the date of the approval of this Act, then all rights hereunder shall be Forfeiture as forfeited to the United States: And provided further, portion of work. That if any power or electric works or structure to be used in connection therewith shall not be completed within five years after approval of the map or maps of rights of way for such works or structure as herein provided, or within such additional time as the Secretary of the Interior shall, in his discretion, grant, then such rights herein granted shall be forfeited as to any uncompleted portion of such works or structure, to the extent that the same is not completed at the date of the forfeiture." New section. State laws affecting use ed. of SEC. 5. That said Act entitled and approved as aforesaid be, and the same is hereby, amended by adding a new section thereto to read as follows: "SEC. 8. That this Act is a grant upon certain exwater not affect pressed conditions specifically set forth herein, and nothing herein contained shall be construed as affecting or intended to affect or in anywise to interfere with the laws of the State of California, relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired thereunder, and the Secretaries of the Interior and Agriculture, respectively, and the city of Los Angeles, in carrying out the provisions of this Act, shall proceed in conformity with the laws of said State.' Approved, June 5, 1920 (41 Stat. 983). |