CONVEYANCE OF CERTAIN LANDS TO NEVADA

1519

sixty calendar days (which sixty days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) from the day on which the Secretary makes the submissions required by the preceding subsection, unless the Congress, prior to the expiration of said sixty days, approves the execution of such contract of sale and instrument of conveyance. (74 Stat. 75; Act of April 26, 1963, 77 Stat. 14)

Sec. 5. [Conveyances subject to valid existing rights.]—Any conveyance authorized by this Act shall be made subject to any existing valid rights pertaining to the lands included within the transfer area (74 Stat. 75)

Sec. 6. [Validity of mineral leases, permits and licenses unaffected.]—If any of the lands described in section 2 of this Act are subject to a lease, permit, license, or contract issued under the Mineral Leasing Act of February 25, 1920 (41 Stat. 437), as amended (39 U.S.C. 181 and the following), the patenting of such lands to the State shall neither affect the validity nor modify the terms of such lease, permit, license, or contract in any way, or affect any rights thereunder, except that the patent, unless it contains a mineral reservation made pursuant to a request of the State, shall include the transfer to the State of all right, title, and interest of the United States in and to such lease, permit, license, or contract so far as it pertains to such lands, including any right to rents, royalties, and other payments accruing on or after the date on which the patent is issued, and any right to modify the terms or conditions of such lease, permit, license, or contract so far as it pertains to such lands. (74 Stat. 75)

Sec. 7. [Provision for future uses by the United States.]-The Secretary is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary or proper in carrying out the provisions of this Act. He shall give particular attention in so doing to including in any conveyancing instruments executed under the authority of this Act such provisions as will in his judgment protect existing or future uses by the United States of lands within the transfer area, including, but not limited to, provision for reversion of title therein to the United States upon failure of the State or its successors in interest to strictly comply with the terms and conditions of any such conveyancing instrument: Provided, That the Secretary, after consultation with the Commission, shall determine the amount and location of all lands within the transfer area which may be required for future use by the United States, and, except for such adjustment as may be required by virtue of the provisions of section 1 of this Act, he shall have until the filing by the Commission of the proposed plan of development provided by section 4(a), to define and describe all such lands. (74 Stat. 76)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

1963 Amendment, The Act of April 26, 1963, 77 Stat. 14, amended: (1) section 2 by striking out "five years" and inserting

in lieu thereof "ten years" (2) section 3 by striking out "five-year period" and inserting in lieu thereof "ten-year period"; and (3) section 4(a) by striking out "three years" and inserting in lieu thereof "eight

1520 CONVEYANCE OF CERTAIN LANDS TO NEVADA

1521

DELIVER WATER, RIVERTON PROJECT

An act permitting the Secretary of the Interior to continue to deliver water to lands in the Third Division, Riverton Federal reclamation project, Wyoming. (Act of May 5, 1960, Public Law 86-448, 74 Stat. 85)

[Delivery of water authorized pending completion of a repayment contract.]-Pending completion of a repayment contract the Secretary of the Interior is authorized to continue to deliver water to the lands in the Third Division, Riverton Federal reclamation project, Wyoming, during the calendar years 1960 and 1961, as under the provisions of section 9, subsection (d) (1), of the Reclamation Project Act of 1939 (53 Stat. 1187, 1195, 43 U.S.C. 485h (d)) but without regard to the time limitation therein specified. (74 Stat. 85)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Authorization. The Riverton project was initially authorized as an Indian reclamation project pursuant to the Indian Appropriation Act of March 2, 1917, 29 Stat. 969, 993. It was placed under the jurisdiction of the Bureau of Reclamation by the Act of June 5, 1920, 41 Stat. 874, 915, the Sundry Civil Expenses Appropriation Act for 1921. The first and second divisions of the project were developed over the next 20 years. The general plan of development of the third division was authorized as the Riverton Extension Unit of the Missouri River Basin project under section 9(a) of the Flood Control Act of 1944, 58 Stat. 887, 891, but was not constructed as a part of that project. Extracts from the 1920 and 1944 Acts, including the provisions referred

to, appear herein in chronological order.

Cross Reference, Delivery of Water. Other Acts authorizing the continued delivery of water to the lands of the Third Division, Riverton project are the Act of June 8, 1962, for the calendar year 1962, the Act of April 19, 1963, for the calendar year 1963, and the Act of March 10, 1964, for the calendar years 1964, 1965 and 1966. These Acts appear herein in chronological order.

Legislative History. S.J. Res. 150, Public Law 86-448 in the 86th Congress. Reported in Senate from Interior and Insular Affairs Feb. 24, 1960; S. Rept. No. 1132. Passed Senate Mar. 28, 1960. Reported in House from Interior and Insular Affairs Apr. 20, 1960; H.R. Rept. No. 1528. Passed House Apr. 21, 1960.

1522

RELIEF OF HEIRS OF HENKEL

An act for the relief of the heirs of Caroline Henkel, William Henkel (now deceased), and George Henkel (presently residing at Babb, Montana), and for other purposes. (Act of May 13, 1960, Private Law 86-273, 74 Stat. A18)

[Payment authorized in settlement of claims for damages to lands and crops and also to secure a permanent easement for seepage and flooding due to percolation-Agent's or attorney's fee limited.]-The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the rightful heirs of Caroline and William Henkel, now deceased, and to George Henkel presently residing at Babb, Montana, the sum of $16,000. The payment of such sum shall be in full settlement of all claims against the United States for any damage to the lands allotted to Caroline, William, and George Henkel in townships 36 and 37 north, range 14 west, Montana principal meridian, on the Blackfeet Indian Reservation, Montana, or to the crops of said lands, caused by seepage or flooding due to percolation from the Saint Mary's Canal of the Milk River reclamation project, and for any other alleged injuries to said lands or the crops thereon caused by the construction, operation, or maintenance of works of the Milk River reclamation project.

The payment of such sum shall also be in consideration of the granting of a permanent easement for seepage and flooding due to percolation through and over such lands from Saint Mary's Canal or other works of the Milk River reclamation project. The release of such claims and the granting of such easement in a form and manner satisfactory to the Secretary of the Interior shall be a condition precedent to the making of any payment under this Act: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. (74 Stat. A18)

EXPLANATORY NOTE

Legislative History. S. 2333, Private Law 86-273 in the 86th Congress. Reported in Senate from Judiciary Mar. 14, 1960; S. Rept. No. 1176. Passed Senate Mar. 28,

1960. Reported in House from Judiciary Apr. 13, 1960; H.R. Rept. No. 1500. Passed House May 3, 1960.

1523

RELIEF OF ROBERT DOLTON

An act for the relief of Robert Dolton. (Act of May 13, 1960, Private Law 86–283, 74 Stat. A21)

[Payment authorized in settlement of claims arising out of location of high voltage transmission lines-Agent's or attorney's fee limited.]—The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Pearl E. Dolton, executrix of the estate of Clifford Dolton, deceased, of Holdenville, Oklahoma, the sum of $2,099.54. The payments of such sum shall be in full settlement of all the claims of that estate against the United States for damages heretofore or hereafter sustained because the location of certain high voltage power transmission lines of the Southwestern Power Administration prevents safe performance of necessary repairs to a well on property owned by that estate: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. (74 Stat. A21)

EXPLANATORY NOTE

Legislative History. H.R. 6493, Private Law 86-283 in the 86th Congress. Reported in House from Judiciary Mar. 3, 1960; H.R. Rept. No. 1319. Passed House Mar.

15, 1960. Reported in Senate from Judiciary Apr. 11, 1960; S. Rept. No. 1256. Passed Senate May 5, 1960.