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mission abolished.

Vol. 10, p. 269,

Waterways Com- of California: [U. S. C., title 16, sec. 823.] Provided further, That section 18 of an Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes, approved August 8, 1917, is hereby repealed.

repealed.

Title of act.

SEC. 30. That the short title of this Act shall be "The Concurrent Res- Federal Water Power Act." (U. S. C., title 16, sec. 791.) Approved, June 10, 1920 (41 Stat. 1063).

olution, p. 9.

Federal Water
Power Act.

No permits for
works under, in

national parks or monuments

without specific

authority of Congress.

NATIONAL PARKS AND MONUMENTS

An Act To amend an Act entitled "An Act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the river and harbor appropriation Act, approved August 8, 1917, and for other purposes," approved June 10, 1920

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, That hereafter no permit, license, lease, or authorization for dams, conduits, reservoirs, power houses, transmission lines, or other works for storage or carriage of water, or for the development, transmission, or utilization of power, within the limits as now constituted of any national park or national monument shall be granted or made without specific authority of Congress, and so much of the Act of Congress approved June 10, 1920, entitled "An Act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, licensing, therein and for other purposes," approved June 10, 1920, as Public Laws, 2d authorizes licensing such uses of existing national parks and national monuments by the Federal Power Commission is hereby repealed.

Authority for

repealed.

sess., p. 1068.

Approved, March 3, 1921 (41 Stat. 1353, U. S. C., title 16, sec. 797).

NOTE.

The Federal Water Power Act is expressly declared to be inoperative with respect to the following-named national parks, or portions thereof:

Mammoth Cave National Park-See section 3, Act of May 25, 1926 (44 Stat. 635, U. S. C., 3d supp., title 16, sec. 404 b).

Mount Rainier National Park-As to the lands added by the Act of May 28, 1926. See section 2 (44 Stat. 668, U. S. C., 3d supp., title 16, sec. 108).

Rocky Mountain National Park-As to the lands added by the Act of June 9, 1926. See section 3 (44 Stat. 712, U. S. C., 3d supp., title 16, sec. 197).

Shenandoah National Park and Great Smoky Mountains National Park-See section 3, Act of May 22, 1926 (44 Stat. 616, U. S. C., 3d supp., title 16, sec. 403 b).-EDITOR.

COLORADO RIVER AND TRIBUTARIES

Joint Resolution Restricting the Federal Power Commission from issuing or approving any permits or licenses affecting the Colorado River or any of its tributaries

sued upon, until

orado River com.

Resolved by the Senate and House of Representatives Colorado River, of the United States of America in Congress assembled, etc. That the Federal Power Commission is hereby directed No water-power not to issue or approve any permits or licenses under permits to be isthe provisions of the Act of Congress approved June 10, approval of Col1920, known as the Federal Water Power Act, upon or pact, etc., by affecting the Colorado River or any of its tributaries, in Congress. the States of Colorado, Wyoming, Utah, New Mexico, Nevada, Arizona, and California, until and unless the Colorado River compact, signed at Santa Fe, New Mex- vol. 41, p. 1061. ico, November 24, 1922, pursuant to Act of Congress approved August 19, 1921, has been approved by the Congress of the United States, or in the event that said compact is not sooner approved, until March 5, 1929. Approved, March 4, 1927 (44 Stat. 1456, U. S. C., 3d supp., title 16, sec. 797).

Colorado River,

mits upon, in not to be issued

Joint Resolution Restricting the Federal Power Commission from issuing or approving any permits or licenses affecting the Colorado River or any of its tributaries, except the Gila River Resolved by the Senate and House of Representatives of the United States of America in Congress assem- etc. bled, That the Federal Power Commission is hereby directed not to issue or approve any permits or licenses Water power perunder the provision of the Act of Congress approved designated States, June 10, 1920 (Forty-first Statutes, page 1063, known until March 5, as the Federal Water Power Act), upon or affecting the 1930. Colorado River or any of its tributaries, except the Gila River and its tributaries, in the States of Colorado, Vol. 41, p. 1063. Wyoming, Utah, New Mexico, Nevada, Arizona, and Allowed if BoulCalifornia, until the 5th day of March, 1930, unless prior effective. thereto the Act approved December 21, 1928, known as Ante, p. 1057. the Boulder Canyon Project Act, becomes effective as therein provided.

Approved, March 1, 1929 (45 Stat. 1446).

For text of "Federal Water Power Act see pp. 749-770.

For the act of Aug. 19, 1921, see "Colorado River Compact," under "Reclamation," p. 555. See also "Boulder Canyon Project Act," under "Reclamation," p. 557.

7 For text of Boulder Canyon Project Act," see "Reclamation," p. 557.

der Dam Act

Indian Reservation, Ariz.

FORT APACHE AND WHITE MOUNTAIN INDIAN
RESERVATIONS, ARIZONA

An Act Authorizing the Federal Power Commission to issue permits and licenses on Fort Apache and White Mountain Indian Reservations, Arizona

Be it enacted by the Senate and House of RepresentaFort Apache and tives of the United States of America in Congress assemWhite Mountain bled, That the Federal Power Commission is hereby authorized, in its discretion, to issue permits and licenses in accordance with the Federal Water Power Act for the Water power per- development of hydroelectric power on Salt River within the Fort Apache and the White Mountain or San Carlos Indian Reservations, Arizona.

mits may be

issued in Salt

River within.

Approved, February 28, 1929 (45 Stat. 1344).

46

WITHDRAWALS AND RESTORATIONS

46

66

Cross references: See "Alaska," p. 17; Carey Act," p. 79; "Forest Reserves," p. 125; "Stock-Raising Homesteads " under Homesteads," p. 173; "Indian Lands," p. 226; National Parks and Monuments," p. 375; "Railroad Grants," p. 405; "Reclamation," p. 489; "Reservoir Sites," p. 615; Sales of Public Lands," p. 633; State Grants," p. 641; Town Sites," p. 725; Water Power," p. 749.

66

66

66

WITHDRAWALS

An Act To authorize the President of the United States to make withdrawals of public lands in certain cases

drawals by Presi

etc.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President may, at any time in his discre- Temporary withtion, temporarily withdraw from settlement, location, dent for power sale, or entry any of the public lands of the United States sites, irrigation, including the District of Alaska and reserve the same for water-power sites, irrigation, classification of lands, or other public purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an Act of Congress. (U. S. C., title 43, sec. 141.)

continued.

fide oil or gas claimants.

SEC. 2. [As amended by the act of August 24, 1912, 37 Mining rights Stat. 497.]-That all lands withdrawn under the provisions of this Act shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any Rights of bona person who, at the date of any order of withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Provided further, That this Act shall not be construed as a recognition, Status of prior abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June twentyfifth, nineteen hundred and ten: And provided further, That there shall be excepted from the force and effect of Homesteads, etc., any withdrawal made under the provisions of this Act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has

claims.

not affected.

been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was Creation of for- made: And provided further, That hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress. (U. S. C., title 43, sec. 142.)

est reserves re

stricted.

Report of withdrawals to Congress.

No withdrawals

for reservations

SEC. 3. That the Secretary of the Interior shall report all such withdrawals to Congress at the beginning of its next regular session after the date of the withdrawals. (U. S. C., title 43, sec. 143.)

Approved, June 25, 1910 (36 Stat. 847).

Extract from the Indian appropriation Act approved June 30, 1919 (41 Stat. 3, 34)

[blocks in formation]

SEC. 27. That hereafter no public lands of the United hereafter except States shall be withdrawn by Executive Order, proclamation, or otherwise, for or as an Indian reservation except by Act of Congress. (U. S. C., title 43, sec. 150.)

by act of Con

gress.

lands restored

RESTORATIONS

An Act To authorize the President to provide a method for opening lands restored from reservation or withdrawal, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem Method author- bled, That hereafter when public lands are excluded ized for opening from national forests or released from withdrawals the from reservation. President may, whenever in his judgment it is proper or necessary, provide for the opening of the lands by settlement in advance of entry, by drawing, or by such other method as he may deem advisable in the interest of equal opportunity and good administration, and in doing so may provide that lands so opened shall be subject only to homestead entry by actual settlers only or to entry under the desert-land laws for a period not exceeding ninety days, the unentered lands to be thereafter subject to disposition under the public-land laws applicable thereto. (U. S. C., title 43, sec. 151.)

Extended to pre- SEC. 2. That where under the law the Secretary of the

vious restora

tions.

Interior is authorized or directed to make restoration of lands previously withdrawn he may also restrict the restoration as prescribed in section one of this Act. (U. S. C., title 43, sec. 152.)

Approved, September 30, 1913 (38 Stat. 113).

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