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terior to build Parker Dam on the Colorado River. United States v. Arizona, 295 U.S. 174 (1935).

Section 25 of the Act of April 21, 1904, does not authorize the Secretary of the InSec. 26. [Reclamation and disposal of irrigable lands in Pyramid Lake Indian Reservation-Allotment-Price per acre-Installment payments-Proceeds.]—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 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)

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EXPLANATORY NOTES

Not Codified. Sections 25 and 26 of this Act are not codified in the U.S. Code. Legislative History. H.R. 12684. Public

Law 125 in the 58th Congress. H.R. Rept.
No. 1022. S. Rept. No. 1660. H.R. Rept.
No. 2342 (conference report).

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CROW INDIAN 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 of April 27, 1904, ch. 1624, 33 Stat. 352)

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Art. II. [Ceded lands to be disposed of under Reclamation Law.]-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.]—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 schoolland 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 intermarried with them, so far as may be practicable: Provided, however, That if the lands withdrawn under the reclamation act are not disposed of within five years after the passage of this act, then all of said lands so withdrawn shall be disposed of as other lands provided for in this act. That the lands not withdrawn for irrigation under said reclamation act, which lands shall be determined under the direction of the

CROW INDIAN LANDS

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Secretary of the Interior at the earliest practical date, shall be disposed of under the homestead, town site, and mineral land laws of the United States, * (33 Stat. 360; Act of March 3, 1909, 35 Stat. 797)

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USE OF EARTH, STONE, AND TIMBER FROM PUBLIC LANDS AND

FORESTS

An act authorizing the use of earth, stone, and timber on the public lands and forest reserves of the United States in the construction of works under the national irrigation law. (Act of February 8, 1905, ch. 552, 33 Stat. 706)

[Use of earth, stone, and timber on public lands for irrigation works.]—In carrying out the provisions of the national irrigation law, approved June seventeenth, nineteen hundred and two, and in constructing works thereunder, the Secretary of the Interior is hereby authorized to use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone, and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is hereby authorized to permit the use of earth, stone, and timber from the forest reserves of the United States for the same purpose, under rules and regulations to be prescribed by him (33 Stat. 706; 43 U.S.C. § 420)

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CHANGE LEVELS OF LITTLE KLAMATH, TULE, AND GOOSE

LAKES

An act authorizing the changing of the levels of certain lakes and the disposal of certain lands under the terms of the national reclamation act. (Act of February 9, 1905, ch. 567, 33 Stat. 714)

[Authority to change lake levels and dispose of lands.]-The Secretary of the Interior is hereby authorized in carrying out any irrigation project that may be undertaken by him under the terms and conditions of the national reclamation act and which may involve the changing of the levels of Lower or Little Klamath Lake, Tule or Rhett Lake, and Goose Lake, or any river or other body of water connected therewith, in the States of Oregon and California, to raise or lower the level of said lakes as may be necessary and to dispose of any lands which may come into the possession of the United States as a result thereof by cession of any State or otherwise under the terms and conditions of the national reclamation act. (33 Stat. 714; 43 U.S.C. § 601)

EXPLANATORY NOTES

Oregon Legislation. In connection with the above statute the State of Oregon enacted the following law:

"An act to authorize the utilization of Upper Klamath Lake, Lower or Little Klamath Lake, and Tule or Rhett Lake, situate in Klamath County, Oregon, and Goose Lake, situate in Lake County, Oregon, in connection with the irrigation and reclamation operations of the Reclamation Service of the United States, and to cede to the United States all the right, title, interest, and claim of the State of Oregon to any and all lands recovered by the lowering of the water levels or by the drainage of any or all of said lakes.

"Be it enacted by the Legislative Assembly of the State of Oregon; be it enacted by the people of the State of Oregon:

"SECTION 1. That for the purpose of aiding in the operations of irrigation and reclamation conducted by the Reclamation Service of the United States, established by the act of Congress approved June 17, 1902 (32 Stat. 388), known as the reclamation act, the United States is hereby authorized to lower the water level of Upper Klamath Lake, situate in Klamath County, Oregon, and to lower the water level of or to drain any or all of the following lakes: Lower or Little Klamath Lake and Tule or Rhett Lake, situate in Klamath County, Oregon, and Goose Lake, situate in Lake County, Oregon, and to use any part or all of the beds of said lakes for the storage of water in connection with such operations.

"SEC. 2. That there be, and hereby is, ceded to the United States all the right, title, interest, or claim of this State to any land uncovered by the lowering of the water levels or by the drainage of any or all of said lakes not already disposed of by the State; and the lands hereby ceded may be disposed of by the United States, free of any claim on the part of this State in any manner that may be deemed advisable by its authorized agencies, in pursuance of the provisions of said reclamation act."

Approved January 20, 1905. (General Laws of Oregon, 1905, p. 63.)

California Legislation. The State of California passed the following law:

"An act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also

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