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Such cases

ments.

Settlement and transit not to be

Misdemeanor.

o, the provisions of this Act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employé having charge or control of the inclosure; and any suit

brought under the provisions of this section shall have

to precedence for hearing and trial over other cases on the have precedence. civil docket of the court, and shall be tried and deter

mined at the earliest practicable day. In any case if the inclosure shall be found to be unlawful, the court shall

make the proper order, judgment, or decree for the deSummary judg-struction of the inclosure, in a summary way, unless the

inclosure shall be removed by the defendant within five days after the order of the court.

Sec. 3. That no person by force, threats, intimidation, obstructed. or by any fencing or inclosing, or any other unlawful

means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit over or through the public lands: Provided, This section shall not be held to affect the right or title of persons, who have gone upon, improved or occupied said lands under the land laws of the United States, claiming title thereto, in good faith.

Sec. 4. That any person violating any of the provisions hereof, whether as owner, part owner, agent, or who shall

aid, abet, counsel, advise, or assist in any violation hereof, Fine and im- shall be deemed guilty of a misdemeanor, and fined in a prisonment. sum not exceeding one thousand dollars and be impris

oned not exceeding one year for each offense. Inclosures to be Sec. 5. That the President is hereby authorized to take

such measures as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or military force as may be necessary for that

purpose. Inclosure of less

Sec. 6. That where the alleged unlawful inclosure inthan 160 acres. cludes less than one hundred and sixty acres of land, no

suit shall be brought under the provisions of this Act

without authority from the Secretary of the Interior. Pending suits

Sec. 7. That nothing herein shall affect any pending not affected.

suits to work their discontinuance, but as to them here-
after they shall be prosecuted and determined under the
provisions of this Act.

Approved, February 25, 1885 (23 Stat. 321).
An Act To amend section four of an Act entitled "An Act to prevent

unlawful occupancy of the public lands," approved February
twenty-fifth, eighteen hundred and eighty-five.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress asUnlawlul occu- sembled, That section four of an Act entitled "An Act to pancy.

* Amended by the act of Mar. 10, 1908.

removed.

prevent unlawful occupancy of the public lands," approved February twenty-fifth, eighteen hundred and eighty-five, be, and the same is hereby, amended so as to read as follows:

“ Sec. 4. That any person violating any of the provi- Alternative sions hereof, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding one thousand dollars or be imprisoned not exceeding one year, or both, for each offense."

Approved, March 10, 1908 (35 Stat. 40).

1

WATER POWER.

Page.

632

Act of June 10 1920—Federal Power Commission and development of

water power-Public lands --Act of March 3, 1921-No authority in forest reserves without consent

of Congress---

651

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.

and

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemFederal water bled, That a commission is hereby created and estabFederal Power lished, to be known as the Federal Power Commission Commission. (hereinafter referred to as the commission), which

Creation composition of shall be composed of the Secretary of War, the Secre

tary of the Interior, and the Secretary of Agriculture, Two members of the commission shall constitute a quorum for the transaction of business, and the commission shall have an official seal, which shall be judicially noticed. The President shall designate the chair

man of the commission. Executive sec

Sec. 2. That the commission shall appoint an execuretary.

tive secretary, who shall receive a salary of $5,000 a Detail of Army year, and prescribe his duties, and the commission may engineer officer. request the President of the United States to detail an

officer from the United States Engineer Corps to serve the commission as engineer officer, his duties to be pre

scribed by the commission. Execution The work of the commission shall be performed by work by Depart and through the Departments of War, Interior, and 'of , etc.

Agriculture and their engineering, technical, clerical, and other personnel except as may be otherwise pro

vided by law. Expenses All the expenses of the commission, including rent thorized.

in the District of Columbia, all necessary expenses for transportation and subsistence, including, in the discretion of the commission, a per diem of not exceeding $1 in lieu of subsistence incurred by its employees under its orders in making any investigation, or conducting field work, or upon official business outside of the District of Columbia and away from their designated points of duty, shall be allowed and paid on the presentation of itemized vouchers therefor approved

by a member or officer of the commission duly au

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"Public lands."

thorized for that purpose; and in order to defray the expenses made necessary by the provisions of this Act there is hereby authorized to be appropriated such sums as Congress may hereafter determine, and the sum of Appropriation. $100,000 is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, available until expended, to be paid out upon warrants drawn on the Secretary of the Treasury upon order of the commission. SEC. 3. That the words defined in this section shall

Meaning of have the following meanings for the purposes of this terms as used. Act, to wit:

“ Public lands” means such lands and interest in lands owned by the United States as are subject to private appropriation and disposal under public-land laws. It shall not include "reservations," as hereinafter defined.

“Reservations” means national monuments, national "Reservations." parks, national forests, tribal lands embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public-land laws; also lands and interests in lands acquired and held for any public purpose.

Corporation” means a corporation organized un- “Corporation." der the laws of any State or of the United States empowered to develop, transmit, distribute, sell, lease, or utilize power in addition to such other powers as it may possess, and authorized to transact in the State or States in which its project is located all business necessary to effect the purposes of a license under this Act. It shall not include “municipalities” as hereinafter defined.

State means a State admitted to the Union, the "State." District of Columbia, and any organized Territory of the United States.

Municipality” means a city, county, irrigation dis- "Municipal trict, drainage district, or other political subdivision ity." or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power.

“ Navigable waters” means those parts of streams or Navigable other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, and which either in their natural or improved condition, notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows, or rapids; together with such other parts of streams as shall have been authorized by

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66

waten,”

purposes."

“ Government

diam."

works."

Congress for improvement by the United States or shall have been recommended to Congress for such improve

ment after investigation under its authority. "Municipal “Municipal purposes” means and includes all pur

poses within municipal powers as defined by the constitution or laws of the State or by the charter of the municipality.

“ Government dam" means a dam or other work, constructed or owned by the United States for Government

purposes, with or without contribution from others. “ Project." “ Project" means complete unit of improvement or

development, consisting of a power house, all water conduits, all dams and appurtenant works and structures (including navigation structures) which are a part of said unit, and all storage, diverting, or forebay reservoirs directly connected therewith, the primary line or lines transmitting power therefrom to the point of junction with the distribution system or with the interconnected primary transmission system, all miscellaneous structures used and useful in connection with said unit or any part thereof, and all water rights, rights of way, ditches, dams, reservoirs, lands, or interest in lands, the use and occupancy of which are necessary or appropriate

in the maintenance and operation of such unit. “Project

“ Project works” means the physical structures of a project.

“Net investment” in a project means the actual legitimate original cost thereof as defined and interpreted in the “classification of investment in road and equipment of steam roads, issue of 1914, Interstate Commerce Commission," plus similar costs of additions thereto and betterments thereof, minus the sum of the following items properly allocated thereto, if and to the extent that such items have been accumulated during the period

of the license from earnings in excess of a fair return Items excluded. on such investment: (a) Unappropriated surplus, (b)

aggregate credit balances of current depreciation accounts, and (c) aggregate appropriations of surplus or income held in amortization, sinking fund, or similar reserves, or expended for additions or betterments or used for the purposes for which such reserves were created. The term cost” shall include, in so far as applicable, the elements thereof prescribed in said classification, but shall not include expenditures from funds obtained through donations by States, municipalities, in. dividuals, or others, and said classification of investment of the Interstate Commerce Commission shall in so far as applicable be published and promulgated as a part of the rules and regulations of the commission.

Sec. 4. That the commission is hereby authorized and To investigate, empowered

(a) To make investigations and to collect and record industry, etc.

data concerning the utilization of the water resources of

" Net

invest

ment."

" Cost."

Powers of com. mission.

etc.,

water re sources, power

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