The duty imposed upon the Secretary of the Interior by section 4 of the act of June 7, 1924 (43 Stat. 475), to approve the appraisal and purchase price of any tract of land on the San Carlos reclamation project sold prior to the time when more than one-half of the construction charge remains unpaid cannot be delegated to another, but that officer may delegate to a subordinate a mere ministerial or clerical act involved in the approval of the sale. 53-515

The limitation in section 2 of the act of Feb. 14, 1913 (37 Stat. 678), precluding the Secretary of the Interior from reopening after the expiration of one year after the death of an Indian testator a case in which he had approved a will made by such Indian, relates exclusively to fraud, and does not prevent him from reopening a case on other grounds such as failure of the examiner to conduct properly the hearing or to correct an error independent of the fraud.

53-519

respects would work hardship to such Indians generally, whether resident in Oklahoma or not. Held, That the presence of this language in the statute should not preclude the Secretary from investing these funds in bonds of the United States Government, should he deem such action in the interest of the Indians. 54-260

Specific legislative authorization for regulation by the Secretary of the Interior of grazing upon public lands withdrawn for a Federal grazing district is not necessary, his designation in the Executive order being sufficient. Such designation is consonant with the Secretary's general jurisdiction over the public lands of the United States; and by virtue of this general authority he may prescribe such rules and regulations as are necessary to effectuate the purposes for which the withdrawal and reservation are made. 54-353

Nowhere in the Boulder Canyon Project Act (45 Stat. 1057) is there any specific limitation upon the discretion of the Secretary of the Interior in determining the use to which the All-American Canal shall be put other than the specific direction that the water carried therein shall be for the reclamation of public lands and for other beneficial uses exclusively within the United States. 54-414

By the terms of Section 4(a) of the Act of Dec. 21, 1928, commonly known as the Boulder Canyon Act, it is provided that the State of California shall have, each year, for beneficial consumptive use, not to exceed 4,400,000 acre-feet of water from lower basin of the Colorado River, in accordance with Article III (a) of the Colorado River Compact, and it is further provided that no person shall obtain said water from the Colorado River except by contract entered into with the Secretary of the Interior and approved by that official. Held, That the provisions of the Act, considered in the light of the compact, must be interpreted as forbidding the Secretary from entering into a contract for the storage of water in the reservoir contemplated which could render impossible of fulfillment the allotment yearly to the State of California of 4,400,000 acre-feet of water. 54-593

The Department and the Secretary of the Interior have authority to disseminate in

the Secretary's supervisory power does not authorize him to abrogate a provision of the stock-raising act for the convenience of an entryman; that this entryman was not entitled to the statutory relief of amendment prescribed by Rev. Stat. sec. 2372, as amended by the act of Feb. 24, 1909, having made no mistake in the designation of the tracts entered; that he was not entitled to the equitable relief permissible under the supervisory authority of the Secretary and the regulations of Apr. 22, 1909, to prevent unmerited loss or hardship arising through ignorance, misinformation or unsound advice as to the lands entered, his debts not constituting any such equitable ground for amendment; and that his deficiency in improvements was greater than had been calculated, a well having water but no equipment to make it available being considered a dry well and therefore not a permanent improvement. 57-449 Where an oil and gas lease provides that should the lessee be unable to market the production from the leased land he may, with the consent of the Secretary of the Interior, discontinue operation of the producing wells thereon, a lease may not be considered in force beyond its primary term if the lessee discontinues production because of the lack of storage facilities

unless he has first obtained the consent of the Secretary of the Interior. 58-12

Section 6 of the act of June 18, 1934 (48 Stat. 984), is not a grant of new powers to the Secretary but is a direction to the Secretary to exercise, in the interest of conservation, powers theretofore vested in him.

58-103

The Secretary is authorized to exercise all powers vested in him by statute with respect to leases, development loans, timber sales, and other land management activities, in such a way as to accomplish conservation objectives. 58-103

In his administration of the public lands the Secretary of the Interior, although having broad discretionary powers in his supervisory capacity, is bound by the terms of the applicable statutes and by the purposes of the withdrawal. He may not substitute for their conditions rules of his own choosing in particular cases. Nothing in the War Powers Acts authorizes the Secretary to determine the propriety of a substitute selection permitted by the repeal act of Mar. 3, 1905 (33 Stat. 1264; Forest Lieu Selection), by reference to the war and to the capacity of an applicant's transferee to serve the war's purposes rather than by reference to the conditions imposed by the statutes creating and controlling the selection right. Nor does the Government concern itself with the qualifications of a transferee, with whom it has no privity. 58-274

As long as public lands remain under the care and control of the Land Department (Interior Department), its power to inquire into the extent and validity of rights claimed against the Government and to correct its own errors does not cease. When alienation of public land is involved, the Secretary may determine every question presented by the case record without regard for the manner in which the case comes before him for determination.

58-275

Restrictions against alienation, applicable to members of the Osage Tribe, were extended to unallotted Osage Indians by the act of Mar. 2, 1929 (45 Stat. 1478). Among those restrictions was that imposed by the act of Feb. 27, 1925 (43 Stat. 1008), that lands devised to or inherited by members of the Osage Tribe of one-half or more

Indian blood or who do not have certificates of competency shall be inalienable except with the approval of the Secretary of the Interior. 58-465

The Secretary, as the head of the Department of the Interior, has the general power of delegating those functions that fall within the province of the various bureaus of the Department to the respective heads of such bureaus, even though the discharge of such functions involves the exercise of judgment or discretion. This power is derived not only from section 161 of the Revised Statutes but also from the duties of the Secretary, and the relationship between the Secretary and the heads of the bureaus. The vesting of a power in the "Secretary" rather than the "Department" of the Interior is usually not significant since these terms are as a rule used interchangeably in legislation and legislative debate.

58-499

Consultation with the Fish and Wildlife Service regarding effect which the impounding of waters will have upon wildlife resources must take place at early stage in the planning work on any reclamation project, prior to the authorization of the project in the technical sense. 59-470

Authority to determine whether, and to what extent, funds appropriated to the Bureau of Reclamation shall be transferred to the Fish and Wildlife Service for the making of surveys and investigations as to the probable effect upon wildlife resources of the impounding of waters is vested in the Secretary of the Interior.

59-471

An organizational status created by statute is not essential to the valid existence of a division, bureau, or other agency, as such agencies may be created by the head of a department to perform, under his supervision, functions vested in him by law. 59-552

It is not necessary that a group or agency within a department be created by statute. Such groups or agencies may validly be created by administrative action of the head of the department for the purpose of performing, under his supervision, or assisting him to perform any function vested in him by law. 60-111

The determination and settlement of all questions or controversies concerning the heirship to restricted allotted lands is vested solely in the Secretary of the Interior by the act of June 25, 1910 (36 Stat. 855), and the Secretary's jurisdiction over those matters accordingly is regarded as exclusive and universal. 60-125

The statutes creating the position of Under Secretary and the positions of Assistant Secretary do not contain an express authorization for such officials to exercise the powers of the Secretary of the Interior. 60-192

When a statute authorizes and directs the Secretary of the Interior to convey a tract of Government land to a State "for and in consideration of $1," the Secretary of the Interior is required to collect $1 in 60-211 connection with the conveyance.

The functions that are vested in the Secretary of the Interior by section 1 of the act of Mar. 20, 1922 (42 Stat. 465), with respect to forest exchanges cannot prop

erly be delegated to personnel of the Forest Service, Department of Agriculture.

60-232

The mere fact that a function vested in the Secretary of the Interior by law is discretionary rather than purely ministerial does not mean that the Secretary must personally perform such function and that he cannot properly delegate it to another official. 60-232

The President has delegated to the Secretary of the Interior in E.O. No. 9337 all his statutory and implied power to make Government-owned lands available for public uses or purposes. 60-402

Section 1(a) of Reorganization Plan No. 3 of 1950 transferred to the Secretary of the Interior on May 24, 1950, all the functions which were, as of that date, vested in other officers of the Interior Department or in departmental employees or agencies.

60-448

The exercise of authority by the Secretary of the Interior over contracts between Indian tribes and attorneys does not constitute an unlawful interference with the free choice of counsel by Indian tribes, since the Secretary's authority is conferred by statutes enacted by the Congress in the exercise of the plenary power possessed by that body over Indian tribes and their affairs. 60-485

Under a statutory provision empowering organized Indian tribes to employ attorneys subject to the approval of the Secre tary of the Interior respecting the choice of counsel and the fixing of fees, the Secretary is vested with wide discretion in determining what factors should be taken into account in passing upon the choice of counsel and the fixing of fees, and he may grant or withhold his approval upon the basis of whatever grounds he deems to be properly related to these matters, provided his action is not arbitrary or capricious. 60-485 Where contracts between unorganized Indian tribes and attorneys are required by statute to comply with certain specific

requirements in addition to the requirement of receiving the approval of the Secretary of the Interior, the Secretary's authority is not limited to examining such contracts for compliance with the specific statutory requirements, but he may consider such a contract as a whole, including any provisions unrelated to the specific statutory requirements, and approve or withhold approval as his judgment may dictate. 60-485

Under the statutes authorizing the Secretary of the Interior to issue patents in fee to Indian allottees or their heirs, he has a wide area of discretion, and the issuance of such patents may not be compelled by mandamus even if a showing of competency can be made, for the Secretary may legitimately consider other factors than competency, such as the effect of the issuance of a patent in fee upon the consolidation of Indian lands. 61-298

The act of Mar. 7, 1928 (45 Stat. 200, 210), which authorized the Secretary of the Interior to merge the Florence-Casa Grande project with the San Carlos project, broadened the Secretary's power over both projects, and, in effect, therefore, modified the 1924 act (43 Stat. 475).

61-313

The Secretary of the Interior, not the General Manager of The Alaska Railroad, is the "head of the department," within the meaning of article 15, the disputes provision of the standard construction contract (No. 23). 61-412

SETTLEMENT

A settlement upon unsurveyed lands in the Territory of Alaska with a view to entry and purchase under the homestead laws creates no rights that will defeat a subsequent reservation in aid of the construction and operation of railroads in that Territory as authorized by the act of Mar. 12, 1914. 52-566

Section 3 of the act of July 8, 1916, as amended by the act of June 28, 1918, which amended the homestead law in its application to the Territory of Alaska, excepts from homestead settlement and entry such other lands as have been, or may be, reserved or withdrawn from settlement or entry.

52-566

No right is initiated by a petition for reinstatement of an application filed at a time when the land was still under the spell of a withdrawal. 59-44

Occupation and settlement on a lot prior to the filing of an application for a home and business site thereon under the act of June 1, 1938 (52 Stat. 609; 43 U.S.C. (1952 ed.) 682a), create no right or equity in the applicant. 59-44 The settled rules that no rights are acquired by an application if, when it is made, the land sought is not subject to appropriation, apply to applications for unrestored power-site lands.

III. CLASSIFICATION

59-44

Protests of small-tract applicants against a pending private exchange, which would result in patenting the lands sought by such applicants, are dismissed where it appears that such lands are distant from any established community of substantial size, far from existing utility lines, lacking in water of known potable qualities, and situated at a substantial distance from schools, theaters, churches, banks, and opportunities for employment.

60-73

Where a private exchange under section 8 of the Taylor Grazing Act would permit the consolidation under Government ownership of lands within the Joshua Tree National Monument, and the interests of potential small-tract applicants have been taken into account by leaving available

Regulations of June 14, 1929, sodium permits and leases. Cir. No. 699 (47 L.D. 529), superseded. (Cir. No. 1194.) 52-651 Considering the circumstances that led to the enactment of section 23 of the General Leasing Act (see 41 Stat. 448) as disclosed in the proceedings before the Public Lands Committees of Congress, by the phrase in that section reading “dissolved in and soluble in water and accumulated by concentration" was meant natural evaporation residues dissolved in and accumulated by surface or ground-water drainage in the form of brines and later crystallized.

54-183

The term "sodium borate" in section 23 of the Leasing Act of Feb. 25, 1920 (41 Stat. 437), related to the character of the deposit as found in the ground; therefore, the fact that the products produced from kernite, a sodium borate mineral, such as borax and boric acid, are chiefly valuable for their boron content, does not exclude kernite from the purview of the act. 54-183

Where expert opinion evidence conflicts as to whether the deposits of sodium borates in question were natural evaporation residues dissolved in and accumulated by surface ground-water drainage or were hot springs products of fumarolic type, and such opinions are no more than theory