218 LASSEN VOLCANIC NATIONAL PARK [Extracts from] An act to establish the Lassen Volcanic National Park in the Sierra Nevada Mountains in the State of California, and for other purposes. (Act of August 9, 1916, ch. 302, 39 Stat. 442) [Sec. 1. Park created-Rights-of-way-Utilization for reclamation purposes-Indemnity selections.]-All those certain tracts, pieces, or parcels of land lying and being situate in the State of California and within the boundaries particularly described as follows, to wit: are hereby reserved and withdrawn from settlement, occupancy, disposal, or sale, under the laws of the United States, and said tracts are dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people of the United States under the name and to be known and designated as the Lassen Volcanic National Park; and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and be removed therefrom: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land: Provided further, That the United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project; that no lands located within the park boundaries now held in private, municipal, or State ownership shall be affected by or subject to the provisions of this Act: And provided further, That no lands within the limits of said park hereby created belonging to or claimed by any railroad or other corporation now having or claiming the right of indemnity selection by virtue of any law or contract whatsoever shall be used as a basis for indemnity selection in any State or Territory whatsoever for any loss sustained by reason of the creation of said park. (39 Stat. 442-43; § 4, Act of January 26, 1931, 46 Stat. 1043; 16 U.S.C. § 201) LASSEN VOLCANIC NATIONAL PARK to national parks and monuments are not affected by the 1935 Act. Cross Reference, Other Statutes Authorizing the Use of National Parks for Reclamation Purposes. The Act of May 11, 1910, 36 Stat. 354, establishing the Glacier National Park; the Act of January 26, 1915, 38 Stat. 798, establishing the Rocky Mountain National Park; and the Act of Feb 219 ruary 26, 1919, 40 Stat. 1178, establishing the Grand Canyon National Park each contain authority for certain reclamation activities within the Park. Extracts from each of these Acts appear herein in chronological order. Legislative History. H.R. 348, Public Law 184 in the 64th Congress. H.R. Rept. No. 749. S. Rept. No. 536. 218 LASSEN VOLCANIC NATIONAL PARK [Extracts from] An act to establish the Lassen Volcanic National Park in the Sierra Nevada Mountains in the State of California, and for other purposes. (Act of August 9, 1916, ch. 302, 39 Stat. 442) [Sec. 1. Park created-Rights-of-way-Utilization for reclamation purposes-Indemnity selections.]—All those certain tracts, pieces, or parcels of land lying and being situate in the State of California and within the boundaries particularly described as follows, to wit: are hereby reserved and withdrawn from settlement, occupancy, disposal, or sale, under the laws of the United States, and said tracts are dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people of the United States under the name and to be known and designated as the Lassen Volcanic National Park; and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and be removed therefrom: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land: Provided further, That the United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project; that no lands located within the park boundaries now held in private, municipal, or State ownership shall be affected by or subject to the provisions of this Act: And provided further, That no lands within the limits of said park hereby created belonging to or claimed by any railroad or other corporation now having or claiming the right of indemnity selection by virtue of any law or contract whatsoever shall be used as a basis for indemnity selection in any State or Territory whatsoever for any loss sustained by reason of the creation of said park. (39 Stat. 442-43; § 4, Act of January 26, 1931, 46 Stat. 1043; 16 U.S.C. § 201) LASSEN VOLCANIC NATIONAL PARK to national parks and monuments are not affected by the 1935 Act. Cross Reference, Other Statutes Authorizing the Use of National Parks for Reclamation Purposes. The Act of May 11, 1910, 36 Stat. 354, establishing the Glacier National Park; the Act of January 26, 1915, 38 Stat. 798, establishing the Rocky Mountain National Park; and the Act of Feb 219 ruary 26, 1919, 40 Stat. 1178, establishing the Grand Canyon National Park each contain authority for certain reclamation activities within the Park. Extracts from each of these Acts appear herein in chronological order. Legislative History. H.R. 348, Public Law 184 in the 64th Congress. H.R. Rept. No. 749. S. Rept. No. 536. 220 PUBLIC LANDS IN IRRIGATION DISTRICTS An act to promote the reclamation of arid lands. (Act of August 11, 1916, ch. 319, 39 Stat. 506) [Sec. 1. Public lands within irrigation districts made subject to State lawsBenefits of State laws to be extended to holders of public lands-Act not applicable to districts with majority acreage of unentered lands.]—When in any State of the United States under the irrigation district laws of said State there has heretofore been organized and created or shall hereafter be organized and created any irrigation district for the purpose of irrigating the lands situated within said irrigation district, and in which irrigation district so created or to be created there shall be included any of the public lands of the United States, such public lands so situated in said irrigation district, when subject to entry, and entered lands within said irrigation district, for which no final certificates have been issued, which may be designated by the Secretary of the Interior in the approval by him of the map and plat of an irrigation district as provided in section three, are hereby made and declared to be subject to all the provisions of the laws of the State in which such lands shall be situated relating to the organization, government, and regulation of irrigation districts for the reclamation and irrigation of arid lands for agricultural purposes, to the same extent and in the same manner in which the lands of a like character held under private ownership are or may be subject to said laws: Provided, That the United States and all persons legally holding unpatented lands under entry made under the public land laws of the United States are accorded all the rights, privileges, benefits, and exemptions given by said State laws to persons holding lands of a like character under private ownership, except as hereinafter otherwise provided: Provided further, That this act shall not apply to any irrigation district comprising a majority acreage of unentered land. (39 Stat. 506; 43 U.S.C. § 621) EXPLANATORY NOTE 1922 Supplementary Provisions. The Act of May 15, 1922, 42 Stat. 542, authorizes the Secretary of the Interior to enter into repayment contracts with irrigation districts, and in such event water right applications on the part of land owners and entrymen, in the discretion of the Secretary, may be dispensed with. Section 3 of the 1922 Act provides in part: "That upon the execution of any contract between the United States and any irrigation district pursuant to this act the public lands included within such irrigation district, when 1. Public lands, what constitutes subject to entry, and entered lands within such irrigation district, for which no final certificates shall have been issued and which may be designated by the Secretary of the Interior in said contract, shall be subject to all the provisions of the act entitled 'An act to promote the reclamation of arid lands,' approved August 11, 1916: Provided, That no map or plan as required by section 3 of the said act need be filed by the irrigation district for approval by the Secretary of the Interior." The 1922 Act appears herein in chronological order. NOTE OF OPINION Lands within irrigation district which were designated as public or which were owned by the United States resettlement administration were not "public lands" subject to entry within Act of August 11, 1916, making such land subject to state laws relating to irrigation, and hence were not sub |