Sec. 3. [Moneys received covered into reclamation fund.]-The moneys received in pursuance of such contracts shall be covered into the reclamation fund and be available for use under the terms of the reclamation act and the acts amendatory thereof or supplementary thereto. (36 Stat. 926; 43 U.S.C. $ 525) EXPLANATORY NOTES Supplementary Provision: Credit to Project Subsection J of the Fact Finders' Act provides that all money or profits from the sale or rental of surplus water under the Warren Act shall be credited to the project or division of the project to which the construction cost has been charged. The Act Penalties, crediting of 2 Proceeds, crediting of 1 1. Proceeds, crediting of appears herein in chronological order under date of December 5, 1924. Legislative History. S. 6953, Public Law 406 in the 61st Congress. S. Rept. No. 442. H.R. Rept. No. 1410 and H.R. Rept. No. 2002. H.R. Rept. No. 2168 (conference report). NOTES OF OPINIONS Proceeds paid by a Warren Act contractor for use of a power site at a canal drop on a Federal reclamation project are required to be credited to the project by subsection J, section 4 of the Act of December 5, 1924. Solicitor Margold Opinion M-28725 (October 6, 1936), in re use of power site at C drop, Klamath project. A suit by an irrigation district representing one of the divisions of the Minidoka project to compel a reallocation by the Secretary of the Interior of the profits arising from the sale of Jackson Lake water under the Warren Act will be dismissed because the Secretary was acting in a quasijudicial capacity and his decision was not arbitrary or capricious. Wilbur v. Minidoka Irr. Dist., 50 F. 2d 495, 60 App. D.C. 205 (1931), cert. denied 284 U.S. 634 (1931). Moneys received from the Imperial Ir rigation District for the privilege of connecting with and using the Laguna Dam and the main canal of the Yuma reclamation project for the irrigation of lands in the Imperial Valley cannot be applied in reduction of the assessments against the lands of the Yuma project, but must be covered into the reclamation fund as directed by section 3 of the Act of February 21, 1911 (36 Stat. 926). 32 Op. Atty. Gen. 41 (1919). [Ed. note: The Act of June 28, 1926, which appears herein in chronological order, provides that these monies shall be credited to the individual water users.] 2. Penalties, crediting of Under contracts with irrigation districts under Act of May 15, 1922 (42 Stat. 541), and also under the Warren Act of February 21, 1911, penalties on account of all classes of charges shall be credited to the reclamation fund generally and not to the project in connection with which they arise. C.L. 1186, January 3, 1923. 172 50-YEAR POWER LEASE, RIO GRANDE PROJECT An act to amend an act entitled "An act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation act of June 17, 1902, and for other purposes,” approved April 16, 1906. (Act of February 24, 1911, ch. 155, 36 Stat. 930) [Longer lease of surplus power permitted on Rio Grande project.]—Section five of an act entitled "An act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, and for other purposes," approved April sixteenth, nineteen hundred and six, be amended so as to read as follows: "SEC. 5. Whenever a development of power is necessary for the irrigation of lands, under any project undertaken under the said reclamation act, or an opportunity is afforded for the development of power under any such project, the Secretary of the Interior is authorized to lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the money derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived: Provided, That no lease shall be made of such surplus power or power privileges as will impair the efficiency of the irrigation project: Provided further, That the Secretary of the Interior is authorized, in his discretion, to make such a lease in connection with Rio Grande project in Texas and New Mexico for a longer period not exceeding fifty years, with the approval of the water users' association or associations under any such project, organized in conformity with the rules and regulations prescribed by the Secretary of the Interior in pursuance of section six of the reclamation act approved June seventeenth, nineteen hundred and two." (36 Stat. 930; 43 U.S.C. § 522) EXPLANATORY Editor's Note, Annotations. Annotations of opinions, if any, are found under section 5 of the Act of April 16, 1906. NOTES Legislative History. S. 10574, Public Law 417 in the 61st Congress. S. Rept. (no number). 173 50-YEAR EASEMENTS FOR POWER AND COMMUNICATION FACILITIES [Extract from] An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Act of March 4, 1911, ch. 238, 36 Stat. 1235) [Department heads authorized to grant 50-year easements for rights of way for power and communication facilities-Forfeiture by nonuse.]-The head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights-of-way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for communication purposes, and for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to the extent of two hundred feet on each side of the center line of such lines and poles and not to exceed four hundred feet by four hundred feet for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right-of-way herein granted for any one or more of the purposes herein named: Provided, That such right-of-way shall be allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all or any part of such right-of-way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment. Any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this Act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute. (36 Stat. 1253; Act of May 27, 1952, 66 Stat. 95; 43 U.S.C. § 961, 16 U.S.C. §§ 5, 420, 523) EXPLANATORY NOTES 1952 Amendment. The Act of May 27, 1952, 66 Stat. 95, added the authority for rights-of-way for radio, television, and other forms of communication, and increased from 40 feet to 400 feet the maximum width of rights-of-way for lines and poles. For legislative history of the 1952 amendment see S. 1630, Public Law 367 in the 82d Con gress; S. Rept. No. 1224; H.R. Rept. No. 1848. Codification. 43 U.S.C. § 961 omits the specific references to national parks, national forests, and military reservations. These are stated separately in sections 5, 420 and 523 of title 16, United States Code. Cross Reference, Power Plant Sites and 174 50-YEAR EASEMENTS, POWER ETC. FACILITIES Primary Transmission Lines. The following statement appears in 43 C.F.R. § 2234.4-1 (a) (3) (1965): "(3) The applicability of the acts of February 15, 1901, and March 4, 1911, to rights-of-way for power purposes over public lands, was superseded by the Federal Power Act of June 10, 1920 (41 Stat. 1063), as amended by sections 201 to 213 inclusive, of the act of August 26, 1935 (49 Stat. 838; 16 U.S.C. 791-825r), as to power projects for the generation and transmission of hydroelectric power, defined in section 3(11) of the act, excepting distribution lines. Applications for hydroelectric power plant sites or rights-of-way for main or primary hydroelectric power transmission lines must be made to the Federal Power Commission, Washington, D.C., under the act of June 10, 1920, as amended. Rights-of-way for transmission lines which Acquired lands 3 Construction with other laws 1 1. Construction with other laws are not primary lines must be secured under the act of February 15, 1901, or the act of March 4, 1911. See 18 CFR 2.2." Cross Reference, Permits for Telegraph, Power and Water Facilities. The Act of February 15, 1901, which appears herein in chronological order, authorizes the Secretary of the Interior to grant revocable permits for rights-of-way for telegraph, power and water facilities through certain parks, reservations and other public lands. Editor's Note, Annotations. Annotations of opinions are included only to the extent deemed relevant to activities of the Bureau of Reclamation. Legislative History, 1911 Act. H.R. 31596, Public Law 478 in the 61st Congress. 46 Cong. Rec. 3777, 3897, 4014-20 (1911). See also S. Rept. No. 967 and H.R. Rept. No. 2177 on S. 7713. NOTES OF OPINIONS The Act of March 4, 1911, 36 Stat. 1253, regarding transmission line easements over public lands, national forests, and reservations, has not been superseded, so far as Federal reclamation project transmission lines are concerned, by the Federal Water Power Act of June 10, 1920, 41 Stat. 1063. Decision of Assistant Secretary, A-17072 (April 25, 1933). 2. Conditions As a condition to a grant of transmission line right-of-way easement under the Act of March 4, 1911, the Department of the Interior by regulation may properly require the applicant to agree to permit the Department to utilize surplus capacity in the line or to increase the capacity of the line for the transmission of power by the Department. Southern California Edison Co., A-30325, 71 I.D. 405 (1964); Public Service Co. of New Mexico, 71 I.D. 427 (1964). 3. Acquired lands Lands acquired by the United States, by purchase or otherwise, are reservation lands within the meaning of the Acts of February 15, 1901, and March 4, 1911. Solicitor's Opinion, M-30846 (November 1, 1940). 175 RELIEF OF CERTAIN RECLAMATION HOMESTEAD ENTRYMEN WHEN WATER IS NOT AVAILABLE An act for the relief of homestead entrymen under the reclamation projects in the United States. (Act of April 30, 1912, ch. 100, 37 Stat. 105) [Homesteaders under reclamation act allowed time to reestablish residence after water is available-Period of absence not credited.]-No qualified entryman who prior to June twenty-fifth, nineteen hundred and ten, made bona fide. entry upon lands proposed to be irrigated under the provisions of the act of June seventeenth, nineteen hundred and two, the national reclamation law, and who established residence in good faith upon the lands entered by him, shall be subject to contest for failure to maintain residence or make improvements upon his land prior to the time when water is available for the irrigation of the lands embraced in his entry, but all such entrymen shall, within ninety days after the issuance of the public notice required by section four of the reclamation act, fixing the date when water will be available for irrigation, file in the local land office a water-right application for the irrigable lands embraced in his entry, in conformity with the public notice and approved farm-unit plat for the township in which his entry lies, and shall also file an affidavit that he has reestablished his residence on the land with the intention of maintaining the same for a period sufficient to enable him to make final proof: Provided, That no such entryman shall be entitled to have counted as part of the required period of residence any period of time during which he was not actually upon the said land prior to the date of the notice aforesaid, and no application for the entry of said lands shall be received until after the expiration of the ninety days after the issuance of notice within which the entryman is hereby required to reestablish his residence and apply for water right. (37 Stat. 105) EXPLANATORY Codification. This Act originally was codified as section 445, title 43 of the U.S. Code, but has since been omitted. Earlier Provision, Leave of Absence to Homesteaders. The Act of June 25, 1910, 36 Stat. 864, authorizes the Secretary of the Interior within his discretion to grant a NOTES leave of absence to qualified entrymen until water is available. The Act appears herein in chronological order. Legislative History. H.R. 18792, Public Law 142 in the 62nd Congress. H.R. Rept. No. 281. S. Rept. No. 540. |