715

INTERIOR DEPARTMENT APPROPRIATION ACT, 1942

[Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1942, and for other purposes. (Act of June 28, 1941, ch. 259, 55 Stat. 303)

Thompson project, Colorado: Not to exceed $100,000 from power revenues shall be available during the fiscal year 1942 for the operation and maintenance of the power system; (55 Stat. 332)

[Boise project-Cascade Reservoir storage capacity.]-Boise project, Idaho, Payette division, $1,500,000: Provided, That such part of the storage capacity of the Cascade Reservoir, and the costs thereof, shall be reserved for other irrigation or power developments in and adjacent to the Boise project, as shall be determined by the Secretary of the Interior; (55 Stat. 334)

[Yakima project, Sunnyside division-Repayment contract required.]— Yakima project, Washington, Sunnyside division, $100,000, for betterment construction of irrigation works serving lands in Sunnyside Valley irrigation district: Provided, That no expenditure from this appropriation shall be made unless and until said district has entered into a contract with the United States, upon terms and conditions satisfactory to the Secretary of the Interior, providing for the repayment of expenditures from this appropriation in not to exceed twenty annual installments and for the settlement of controversies between said district and its water users and the United States; (55 Stat. 334)

[Boulder Canyon project-School, hospital and recreation grounds in Boulder City.]-Boulder Canyon project: . . . subject to approval of plans therefor by the Secretary of the Interior, for construction of and equipment for (1) a school building and grounds, (2) an emergency hospital, and (3) recreation grounds in Boulder City, to be operated and maintained under regulations to be prescribed by said Secretary; (55 Stat. 335)

716

INTERIOR DEPARTMENT APPROPRIATION ACT, 1942

[Bullshead project—Subject to Colorado River Compact.]—Bullshead project, Arizona-Nevada, $4,000,000, for the purposes and substantially in accordance with the report thereon heretofore submitted under section 9 of the Reclamation Project Act of 1939, and subject to the terms of the Colorado River Compact; (55 Stat. 336)

...

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valuable relics belonging to the Government which would necessarily be lost otherwise as a result of the construction of the project and the spreading of the waters in the reservoir. Solicitor White Opinion, 59 I.D. 465 (1947).

*

[Grand Coulee Dam project-Payments to school districts.]-Grand Coulee Dam project, Washington: (3) not to exceed $550,000 may be used for operation, maintenance, and replacements, including payment to the Mason City and Coulee Dam school districts as reimbursement for instruction during the 1941-42 school year in the schools operated by said districts of each pupil who is a dependent of any employee of the United States living in or in the vicinity of Coulee Dam, in the sum of $25 per semester per pupil in average daily attendance at said schools, payable after the term of instruction in any semester has been completed, under regulations to be prescribed by the Secretary of the Interior; (55 Stat. 337)

EXPLANATORY NOTES

Provision Repeated. Similar provisions authorizing payments to school districts are contained in each subsequent annual Interior Department Appropriation Act through the Act of July 1, 1946, 60 Stat. 366.

Change of Name. The Act of March 10, 1943, 57 Stat. 14, changed the name of the Grand Coulee project to the Columbia Basin project. The Act appears herein in chronological order.

[Valley Gravity Canal and Storage Project, Texas.]-Valley Gravity Canal and Storage Project, Texas: For the completion of investigations and commencement of construction of the Valley Gravity Canal and Storage Project, Texas, in substantial compliance with the engineering plan described in a report dated February 3, 1940, entitled "Report of Conference of Engineers to the American Commissioner, International Boundary Commission, United States and Mexico, on the Valley Gravity Canal and Storage Project (Federal Project Numbered 5)" and report appended thereto, $2,500,000 to be immediately available and to remain available until expended: Provided, That said sum shall be available to the President for allocation in accordance with the Act

INTERIOR DEPARTMENT APPROPRIATION ACT, 1942 717 entitled "An Act to amend the Act of May 13, 1924, entitled 'An Act providing for a study regarding the equitable use of the waters of the Rio Grande', and so forth, as amended by the public resolution of March 3, 1927", approved August 19, 1935: Provided further, That from said sum expenditures may be made for personal services in the District of Columbia (not exceeding $15,000), and in the field, for the payment of fees for professional services, including experts, engineers, and attorneys, and for all other objects of expenditure as specified for projects hereinbefore in this Act under the caption "Bureau of Reclamation", under the headings "Salaries and expenses" and "Administrative provisions and limitations", but without regard to the amounts of the limitations therein set forth: Provided further, That of said sum, $250,000 shall, upon approval by the President of an allocation therefor, be available to the Secretary of State (acting through the American Commissioner of the International Boundary Commission, United States and Mexico) for continuing the investigations authorized by such Act of August 19, 1935: Provided further, That the Secretary of State, with the approval of the President, shall designate the features of the project which he deems international in character, and shall direct such changes in the general project plan as he deems advisable with respect to such features; and the features so designated shall be built, after consultation with the Bureau of Reclamation as to general design, by the American section of the International Boundary Commission, United States and Mexico, and shall be operated and maintained by said Commission insofar as their operation and maintenance in such manner is, in the opinion of the Secretary of State, necessary because of their international character. The construction, operation, and maintenance of such project shall be pursuant to the Federal reclamation laws, except as hereinbefore provided and except that-

(1) In addition to the nonreimbursable allocation to flood control or navigation which may be made by the Secretary of the Interior under section 9 (b) of the Reclamation Project Act of 1939, the President, after consultation with the Secretary of State and the Secretary of the Interior, shall allocate such part of the total estimated cost of the project as he deems proper to the protection of American interests from drought hazards resulting from the uncontrolled and unregulated flow of the international portion of the Rio Grande below Old Fort Quitman, Texas. Provisions of law applicable with respect to allocations to flood control under section 9 (b) of the Reclamation Project Act of 1939 shall, insofar as they are not inconsistent with the foregoing provisions, be applicable in like manner with respect to any allocation made under this subparagraph; and

(2) All revenues received by the United States in connection with the construction, operation, and maintenance of such projects shall be covered into the Treasury as miscellaneous receipts. (55 Stat. 338; 22 U.S.C. § 277f)

EXPLANATORY NOTES

Project Not Constructed. As of 1966 this project has not been constructed.

International Boundary Commission. The International Boundary Commission was created pursuant to the Convention

with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treaty with Mexico of

[Protection against sabotage and other depredations.]—Protection of project works: For the purpose of providing protective devices such as floodlights, gates, and barricades for the protection against sabotage and other depredations of any and all dams, powerhouses, and other structures and works whatsoever, heretofore or hereafter constructed by the Bureau of Reclamation, which in the opinion of the Secretary require such protection, $50,000, to be immediately available: Provided, That the Secretary may, in his discretion, enter into agreements with other Federal agencies or with States, counties, irrigation, construction, or reclamation districts or other political subdivisions or water users' associations for the protection of any such works and for reimbursement from this appropriation for amounts expended by them in furnishing protection for any such works. (55 Stat. 339)

Sec. 8. [Short title.]—This Act may be cited as the "Interior Department Appropriation Act, 1942" (55 Stat. 361)

EXPLANATORY NOTES

Not Codified. The extracts shown here, with the exception of the item on the Valley Gravity Canal, are not codified in the U.S. Code.

Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts

appear herein only in the act in which first used.

Legislative History. H.R. 4590, Public Law 136 in the 77th Congress. H.R. Rept. No. 476. S. Rept. No. 366. H.R. Rept. No. 773 (conference report).

719

ACQUISITION OF

INDIAN LANDS FOR CENTRAL VALLEY PROJECT

An act for the acquisition of Indian lands for the Central Valley project, and for other purposes. (Act of July 30, 1941, ch. 334, 55 Stat. 612)

[Sec. 1. Indian rights to tribal and allotted lands granted-Other interests granted.]—In aid of the construction of the Central Valley project, authorized by the Acts of April 8, 1935 (49 Stat. 115), and August 26, 1937 (50 Stat. 850), there is hereby granted to the United States, subject to the provisions of this Act, (a) all the right, title, and interest of the Indians in and to the tribal and allotted lands within the area embraced by the Central Valley project, including sites of agency and school buildings and related structures, as may be designated therefor by the Secretary of the Interior from time to time, and (b) such other interests in or to any of such lands and property as may be required and as may be designated by the Secretary of the Interior from time to time for the construction of reservoirs, canals, ditches, pipe lines, highways, railroads, telegraph, telephone, and electric-transmission lines in connection with the project, or for the relocation or reconstruction of such facilities made necessary by the construction of the project. (55 Stat. 612)

EXPLANATORY NOTE

References in the Text. The Act of April 8, 1935 (49 Stat. 115), and extracts from the Act of August 26, 1937 (50 Stat.

850), both referred to in the text as authorizing the Central Valley project, California, appear herein in chronological order.

Sec. 2. [Secretary to determine compensation-Funds to be transferred to credit of appropriate tribe.]-As lands or interests in lands are designated from time to time under this Act, the Secretary of the Interior shall determine the amount of money to be paid to the Indians as just and equitable compensation therefor. As to the tribal lands, the amounts so determined shall be transferred in the Treasury of the United States from the funds now or hereafter made available for the construction of the Central Valley project to the credit of the appropriate tribe pursuant to the provisions of the Act of May 17, 1926 (44 Stat. 560). The amounts due individual landowners or their heirs or devisees shall be paid from funds now or hereafter made available for the construction of said project to the superintendent of the appropriate Indian Agency or such other officer as shall be designated by the Secretary of the Interior for credit on the books of such agency to the accounts of the individuals concerned. (55 Stat. 612)

EXPLANATORY NOTE

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 ear

marked 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.