680 EASEMENTS OVER INDIAN LANDS, RIVERTON PROJECT An act granting easements on Indian lands of the Wind River or Shoshone Indian Reservation, Wyo., for dam site and reservoir purposes in connection with the Riverton reclamation project. (Act of March 14, 1940, ch. 51, 54 Stat. 49) [Sec. 1. Easement over lands of the Wind River or Shoshone Indian Reservation-$6,500 to be deposited in Treasury for credit to the Shoshone and Arapahoe Indians.]-There is hereby granted to the United States and its assigns, including its successors in control of the operation and maintenance of the Riverton reclamation project, Wyoming, a flowage easement and an easement for a dam site, together with all rights and privileges incident to the use and enjoyment of said easements, over tribal and allotted lands of the Wind River or Shoshone Indian Reservation within that part of said reservation required for the construction of the Bull Lake Dam and Reservoir on Bull Lake Creek, a tributary of the Wind River, in connection with the Riverton reclamation project, Wyoming, and for the impounding of approximately one hundred and fifty-five thousand acre-feet of water, including a ten-foot freeboard: Provided, That in consideration of the said rights insofar as they affect tribal lands there shall be deposited into the Treasury of the United States pursuant to the provisions of the Act of May 17, 1926 (44 Stat. 560), for credit to the Shoshone and Arapahoe Indians of the Wind River Reservation the sum of $6,500, from moneys appropriated for the construction of the said Bull Lake Dam and Reservoir, and the said sum when so credited shall draw interest at the rate of 4 per centum per annum. (54 Stat. 49; 43 U.S.C. § 597a) Sec. 2. [Compensation to be made to the Indians-If appraised price not accepted, Secretary authorized to acquire easement by condemnation proceedings.]-Compensation to the individual Indian owners of the allotted lands within the area described in section 1 shall be made from moneys appropriated for the construction of the Bull Lake Dam and Reservoir at the appraised value of the easements: Provided, That should any individual Indian not agree to accept the appraised value of the easement as it affects his land, the Secretary of the Interior be, and he is hereby, authorized to acquire such easement by condemnation proceedings. (54 Stat. 49; 43 U.S.C. § 597b) Sec. 3. [Use by Indians of lands dealt with and waters of Bull Lake Creek and reservoir.]—The easements herein granted shall not interfere with the use by the Indians of the Wind River or Shoshone Indian Reservation of the lands herein dealt with and the waters of Bull Lake Creek and the reservoir insofar as the use by the Indians shall not be inconsistent with the use of said lands for reservoir purposes. (54 Stat. 49; 43 U.S.C. § 597c) Sec. 4. [Authority of the Secretary.]-The Secretary of the Interior is authorized to perform any and all acts and to prescribe such regulations as may be necessary to carry out the provisions of this Act. (54 Stat. 49; 43 U.S.C. § 597d) INDIAN LANDS, RIVERTON PROJECT EXPLANATORY NOTES Reference in the Text. The Act of May 17, 1926 (44 Stat. 560), referred to in the text, provides that miscellaneous revenues derived from Indian reservations, agencies and schools, not otherwise earmarked by law, shall be set aside in a special Treasury account and used, in the discretion of the Secretary of the Interior, for the benefit of the Indian tribes, agencies and schools on whose behalf they were collected. Cross References, Indian Lands, Riverton Project. The Act of August 15, 1953, 67 Stat. 592, provided compensation to the Shoshone and Arapahoe Tribes of Indians for certain lands of the Riverton project within the ceded portion of the Wind River Indian Reservation, and extinguished the Indians' title to the minerals of such lands. The Act of August 27, 1958, 72 Stat. 935, provided that such minerals be held in trust by the United States for the Shoshone and Arapahoe Tribes of Indians. Both Acts appear herein in chronological order. Background: Appraisal of Land. On July 31, 1937, the Department issued instructions for the appraisal of lands sought to be acquired from the Wind River Indians in Wyoming for the Bull Lake reservoir site, holding that (1) the tribal lands to be taken and now being used by the United States 681 are to be appraised at their value at the time of appraisal; (2) the value is to be the reasonable market value of the Indian interest taken; (3) in determining the value, improvements placed on the lands by the United States prior to its appraisal are not to be considered but improvements placed on the lands by the Indians are to be considered; (4) a second appraisal is to be made of damages accruing to the Indians by reason of the occupancy of the land from the date withheld from Indian use until its appraisal, measured by the market value of any use of such land of which the Indians were deprived; (5) a third appraisal is to be made of incidental damages to lands remaining in tribal ownership by reason of the severance therefrom of lands to be taken by the United States, deducting any benefits accruing to the remaining tribal lands, and (6) in determining the value of the lands, consideration is to be given the easement to be reserved to the Indians to use such lands as may not be permanently flooded. Acting Solicitor Kirgis Opinion, M-29200 (July 31, 1937) Legislative History. S. 2843, Public Law 431 in the 76th Congress. S. Rept. No. 1036. H.R. Rept. No. 1617. NOTE OF OPINION 1. Regulation of hunting and fishing The tribal councils may regulate hunting and fishing on Bull Lake, this being within the diminished portion of the Wind River Reservation, and the State may regulate hunting and fishing on the ceded portion of that reservation, including fishing on Ocean Lake, except that the tribal councils may regulate hunting and fishing on such areas thereof as may be restored to tribal ownership. Solicitor Gardner Opinion, 58 I.D. 331 (1943). 267-067-72—vol. I- -46 682 AMEND CONSULTING ENGINEERS, GEOLOGISTS, AND ECONOMISTS ON IMPORTANT RECLAMATION WORK ACT An act to amend section 1 of an act entitled "An act authorizing the Secretary of the Interior to employ engineers and economists for consultation purposes on important reclamation work," approved February 28, 1929 (45 Stat. 1406). (Act of April 22, 1940, ch. 125, 54 Stat. 148) [Ten consulting engineers, geologists, appraisers, and economists authorized.]-Section 1 of the Act of February 28, 1929 (45 Stat. 1406), authorizing the Secretary of the Interior to employ engineers and economists for consultation purposes on important reclamation work is hereby amended to read as follows: "That the Secretary of the Interior is authorized, in his judgment and discretion, to employ for consultation purposes on important reclamation work ten consulting engineers, geologists, appraisers, and economists, at rates of compensation to be fixed by him, but not to exceed $50 per day for any engineer, geologist, appraiser, or economist so employed: Provided, That the total compensation paid to any engineer, geologist, appraiser, or economist during any fiscal year shall not exceed $5,000: Provided further, That notwithstanding the provisions of any other Act, retired officers of the Army or Navy may be employed by the Secretary of the Interior as consulting engineers in accordance with the provisions of this Act." (54 Stat. 148; 43 U.S.C. § 411b) EXPLANATORY NOTES 1944 Amendment. The Act of February 28, 1929, which was amended by this act, was further amended by the Act of December 23, 1944, 58 Stat. 915, to permit the Secretary to hire retired Interior Department personnel as consultants. The 1944 Act appears herein in chronological order. Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of February 28, 1929. Legislative History. H.R. 6379, Public Law 468 in the 76th Congress. H.R. Rept. No. 1148. S. Rept. No. 1263. 683 REPAYMENT OF REPAIRS TO ARROWROCK DAM An act to authorize the Secretary of the Interior to permit the payment of the costs of repairs, resurfacing, improvement, and enlargement of the Arrowrock Dam in twenty annual installments, and for other purposes. (Act of April 22, 1940, ch. 132, 54 Stat. 155) [Repairs to be repaid in twenty annual installments.]-For the purpose of avoiding an unduly high operation and maintenance assessment in any one year and to keep the operation and maintenance charges in connection with the Arrowrock Division of the Boise reclamation project within the ability of the water users to pay, the Secretary of the Interior is authorized to allow the irrigation districts of the said Arrowrock Division and the irrigation districts, ditch companies, and water users who have assumed obligations to pay proportionate parts of the estimated cost of the operation and maintenance of the Arrowrock Reservoir, to pay the costs, as determined conclusively by said Secretary, incurred in the repair, resurfacing, and improvement of the Arrowrock Dam and in increasing the height thereof (to provide additional capacity to offset past and, to some extent, future losses of capacity resulting from the deposit of silt in the said reservoir) in twenty annual installments instead of requiring the payment of all of such operation and maintenance costs in one year as provided in section 5 of the Act of Congress of August 13, 1914 (38 Stat. 686): Provided, That such costs, for the purpose of any amendatory contracts affecting the construction charges of Arrowrock Dam that may be entered into as authorized by the Act of August 4, 1939 (53 Stat. 1187), may, in the discretion of the Secretary, be treated as part of the construction charges of said dam, and as payable in the same manner as such charges. (54 Stat. 155; 43 U.S.C. § 591a) EXPLANATORY NOTES References in the Text. The Act of August 13, 1914 (38 Stat. 686), referred to in the text, is the Reclamation Extension Act. Section 5 of the Act deals with the payment of project operation and maintenance charges and the transfer to water users' associations or irrigation districts of the care, operation, and maintenance of project works. The Act of August 4, 1939 (53 Stat. 1187), also referred to in the text is the Reclamation Project Act of 1939. Both acts appear herein in chronological order. Legislative History. H.R. 8498, Public Law 475 in the 76th Congress. H.R. Rept. No. 1712. S. Rept. No. 1379. 684 INTERIOR DEPARTMENT APPROPRIATION ACT, 1941 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1941, and for other purposes. (Act of June 18, 1940, ch. 395, 54 Stat. 406) [Rio Grande project-Power revenues.]—Rio Grande project, New MexicoTexas: For operation and maintenance, $30,000: Provided, That not to exceed $50,000 from power revenues shall be available during the fiscal year 1941 for the operation and maintenance of the power system; (54 Stat. 434) EXPLANATORY NOTE Provision Repeated. A similar appropriation of power revenues for operation and maintenance purposes of the Rio Grande project is contained in each subsequent an * nual Interior Department Appropriation Act through the Act of October 12, 1949, 63 Stat. 781. * ... [Boise project-Funds made available for Anderson Ranch Reservoir as substitute for Twin Springs Dam.]-Boise project, Idaho, . . . the sum heretofore appropriated for construction of the Twin Springs Dam and Snake River pumping plant shall remain available for construction of either or both of the same or such other project works on the Boise River or its tributaries as may be found by the Secretary of the Interior, following current investigations, to be more feasible; (54 Stat. 435) EXPLANATORY NOTES Implementation. In his letter of June 25, 1940, to the President, the Secretary of the Interior made a finding that the Anderson Ranch reservoir project was preferable to the Twin Springs development and that it met the requirements for authorization un * der section 9 of the Reclamation Project Act of 1939. Reference in the Text. The previous appropriation referred to is contained in the Act of May 9, 1938, 52 Stat. 321. [Klamath project-Modoc unit-Reimbursement from grazing and farming leases.]-Klamath project, Oregon-California, $200,000: Repealed. EXPLANATORY NOTE Provision Repealed. Subsection 2(e) of the Act of August 1, 1956, 70 Stat. 799, which appears herein in chronological order, repealed the proviso attached to the item of this Act appropriating funds for construc tion of the Klamath project. The repealed proviso read: "Provided, That expenditures from this appropriation and from any other appropriation for the construction of the Modoc |