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May 28, 1941

[H. R. 3514]

[Public Law 81]

Reservation, Calif.
Exchange of land.

adjacent to the Turtle Mountain Indian Agency in the State of North Dakota" be, and the same is hereby, amended by inserting in the third line of said Act, after the words "authorized to purchase", the words "publicly or", so that as amended Section 1 of said Act, exclusive of its enacting clause, will read:

"That the Secretary of the Interior be, and he is hereby, authorized to purchase publicly or privately owned lands and improvements within and adjacent to the Turtle Mountain Reservation, North Dakota, title to be taken in the United States of America in trust for the Indians of the Turtle Mountain Reservation. For the purpose of making the purchases herein authorized, the Secretary of the Interior is hereby authorized to use any available funds heretofore or hereafter appropriated pursuant to the authority contained in section 5 of the Act of June 18, 1934 (48 Stat. 984): Provided, That title to the land so purchased may, in the discretion of the Secretary of the Interior, be taken for the surface only: Provided further, That lands purchased under this authority shall not be allotted in severalty."

Approved, May 28, 1941.

[CHAPTER 140]

AN ACT

To authorize the Secretary of the Interior to effect an exchange of certain tribal land of the Santa Ysabel Indian Reservation, California, for other land of equal value.

Be it enacted by the Senate and House of Representatives of the Santa Ysabel Indian United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to effect an exchange of approximately one and eight-tenths acres of tribal Indian land of the Santa Ysabel Reservation, California, for a tract of privately owned land of approximately four and three-tenths acres of equal value: Provided, That such exchange shall be effected only when the Indians enrolled on said reservation have expressed their consent thereto, either in general council or through action of their duly recognized tribal governing body.

Proviso.

Title to land.

May 28, 1941

[H. R. 3538]

[Public Law 82]

34 Stat. 150.

Biloxi, Miss.

Use of land granted to.

SEC. 2. Title to the land received in the exchange shall be satisfactory to the Secretary of the Interior and shall be taken in the name of the United States in trust for the Santa Ysabel Tribe of Indians; said land shall not be allotted to individual Indians and it shall remain nontaxable until otherwise provided by Congress. Title to the Indian land conveyed in the exchange shall be by patent in fee.

Approved, May 28, 1941.

[CHAPTER 141]

AN ACT

To amend the Act entitled "An Act granting certain lands to the city of Biloxi, in Harrison County, Mississippi, for park and cemetery purposes", approved April 28, 1906.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act entitled "An Act granting certain lands to the city of Biloxi, in Harrison County, Mississippi, for park and cemetery purposes", approved April 28, 1906, be, and the same is hereby, amended to read as follows:

"SEC. 2. That said lands are granted solely for park and cemetery purposes and shall revert to and become the property of the United States if used for any purpose whatever other than or foreign to

Proviso.
Lease of portion to

those for which this donation is made: Provided, That the city of Biloxi is authorized to lease a portion of said lands to the War War Department. Department for use by the Army Air Corps Technical Schools and that such use shall not be deemed a use thereof for a purpose 'other than or foreign to those for which this donation is made'." Approved, May 28, 1941.

[CHAPTER 142]

AN ACT

To provide relief for, and to promote the interests of, the landowners on the
Uintah Indian irrigation project, Utah, and for other purposes.

May 28, 1941

[H. R. 3987] [Public Law 83]

Uintah Indian irrigation project, Utah. Cancelation, etc., of certain charges. 25 U. S. Č. §§ 389

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the action of the Secretary of the Interior, pursuant to the authority contained in the Act of June 22, 1936 (49 Stat. 1803), in the cancelation, deferment, and adjustment of irrigation charges against lands within the Uintah 3890. Indian irrigation project, Utah, is hereby confirmed as follows:

(a) The cancelation of $283,170.73 of unpaid construction assessment obligations and $28,875.37 of unpaid operation and maintenance assessment obligations carried on the books of the project: Provided, That such cancelations applying to lands, the owners of which are indebted to the United States for operation and maintenance costs, shall become effective only upon the payment of the indebtedness dealt with in subsection (c) of this section.

(b) The deferment until December 1, 1943, of the collection of $61,983.16 expended in drainage operations on said project; and

(c) The requirement for contracts with landowners covering $19,230.72 accrued operation and maintenance assessments, such contracts to provide for the payment of these assessments over a period of years.

SEC. 2. The Secretary of the Interior is hereby authorized to transfer water rights, with the consent of the interested parties, to other lands under said project and to make necessary contracts to effectuate such transfers.

SEC. 3. The Secretary of the Interior is hereby authorized to make contracts transferring the operation and maintenance of any canal system or systems under the said project to an irrigation district, or districts, formed pursuant to State law.

Proviso.

Transfer of water rights.

tione., of canal systems.

Transfer of opera

Appropriation au

SEO. 4. There is hereby authorized to be appropriated, out of any thorized. money in the Treasury not otherwise appropriated, the sum of $5,682.59 for the following purposes:

Operation and maintenance assessments.

Proviso.

Payment of owner's

(a) To pay, for a period of not to exceed five years following the passage of this Act (not to exceed $1,000 in any one year), 34 per centum of the regular annual operation and maintenance assessments for class 4 lands in non-Indian ownership under the Redcap, Leland, and Henry Jim Canals, and 90 per centum of such charges for class 5 lands in non-Indian ownership under said canals, $5,000: Provided, That no part of any money appropriated pursuant to this authoriza- share tion shall be expended unless and until the owners of such lands shall have paid in full their respective shares of such assessments and shall have entered into an agreement with the Secretary of the Interior for the execution of soil rehabilitation programs on such lands; and (b) To reimburse certain individuals, or their heirs, for payments made covering lands erroneously assessed for irrigation purposes, $682.59, which amount shall be payable from collections made from water users on this project and covered into the Treasury pursuant to section 4 of the Permanent Appropriation Repeal Act of 1934.

278941-42-PT. I-14

Reimbursements.

48 Stat. 1227.
31 U. S. C. § 725c.

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May 28, 1941 [H. R. 3404]

[Public Law 85]

quette. Conveyance to.

SEC. 5. In order to prevent the accumulation of delinquent project assessments or other charges against the non-Indian owned lands of the Uintah Indian irrigation project, the Secretary of the Interior is hereby authorized and directed to cause liquidation of all delinquent assessments or charges by taking such action as may be necessary, including the foreclosure of the Government's lien covering any such delinquent charges or by initiating such other procedure as may be legally available, which action may be taken by him at any time when in his judgment the best interests of the project would be served. Approved, May 28, 1941.

[CHAPTER 143]

JOINT RESOLUTION

To continue the temporary increases in postal rates on first-class matter, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1001 (a), as amended (relating to temporary increase in first-class postage rate), of the Revenue Act of 1932, and section 2, as amended (authorizing the President to modify certain postage rates), of the Act entitled "An Act to extend the gasoline tax for one year, to modify postage rates on mail matter, and for other purposes", approved June 16, 1933, are further amended by striking out "July 1, 1941" wherever appearing therein and inserting in lieu thereof "July 1, 1943", and by striking out "June 30, 1941," wherever appearing therein and inserting in lieu thereof "June 30, 1943".

Approved, May 28, 1941.

[CHAPTER 152]

AN ACT

Authorizing the Secretary of the Interior to convey the right, title, and interest of the United States in certain property.

Be it enacted by the Senate and House of Representatives of the Cecelia Crow Ar- United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to convey all the right, title, and interest of the United States in lot three, block six of Wannassay's Addition to Toppenish, Washington, to Cecelia Crow Arquette or her heirs or assigns.

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Approved, May 28, 1941.

[CHAPTER 153]

AN ACT

To provide for the completion and delivery of the Boca Dam, in the Little Truckee
River, in accordance with the contract between the United States and the
Washoe County Water Conservation District.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to complete construction of the dam in the Little Truckee River, near Boca, California, which has been begun and substantially completed under a contract with the Washoe County Water Conservation District. The Secretary is authorized to make such expenditures, from funds now available for the completion of the Boca Dam, as may be required therefor.

SEC. 2. The Secretary of the Interior is authorized and directed to deliver custody of such dam to such district for operation and maintenance purposes in accordance with the contract between the United States and such district, dated December 12, 1936, at the earliest practicable time.

SEC. 3. The amount which such district is required to pay the United States under articles 11 and 12 of such contract of December 12, 1936, shall not exceed $1,000,000.

Approved, May 29, 1941.

[CHAPTER 155]

AN ACT

To amend Public Law Numbered 783, Seventy-sixth Congress, so as to relieve three-year Regular Navy, Marine Corps, or Coast Guard members and certain members of the Reserve components thereof from selective training and service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 (b) of Public Law Numbered 783, approved September 16, 1940, be amended to read as follows:

"(b) In time of peace, the following persons shall be relieved from liability for training and service under section 3 (b) and from the liability to serve in any Reserve component of the land or naval forces imposed by this Act:

"(1) Any person who shall have satisfactorily served as an officer or enlisted man for at least three consecutive years in the Regular Army, Navy, Marine Corps, or Coast Guard before or after or partially before and partially after the time fixed for registration under section 2: Provided, That any person who has had such prior service and who has already been inducted for service may upon application be discharged and shall not be liable for further training and service in time of peace.

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Service in active National Guard and

Naval Reserve or Marine Corps Re

"(2) Any person who as a member of the active National Guard shall have satisfactorily served as an officer or enlisted man for at Regular Army. least one year in active Federal service in the Army of the United States, and subsequent thereto for at least two consecutive years in the Regular Army or in the active National Guard, before or after or partially before and partially after the time fixed for registration under section 2; or any person who as a member of the Naval Reserve or Marine Corps Reserve shall have satisfactorily served for at least serve. three consecutive years on active duty before or after or partially before and partially after the time fixed for such registration; or any person who as a member of the Naval Reserve or Marine Corps Reserve shall have satisfactorily served for at least one year on active duty and for at least two consecutive years in the Regular Navy or Marine Corps or with an organized unit of the Naval Reserve or Marine Corps Reserve, before or after or partially before and partially after the time fixed for such registration.

"(3) Any person who is an officer or enlisted man in the active National Guard at the time fixed for registration under section 2, and who shall have satisfactorily served therein for at least six consecutive years, before or after or partially before and partially after the time fixed for such registration.

"(4) Any person who is an officer in the Officers' Reserve Corps on the eligible list at the time fixed for registration under section 2, and who shall have satisfactorily served therein on the eligible list for at least six consecutive years, before or after or partially before and partially after the time fixed for such registration.

Service in active
National Guard.

54 Stat. 885.
50 U. S. C., app. §

302.

Service in Officers' Reserve Corps.

Service in designated Reserve components.

54 Stat. 885.

50 U. S. C., app. § 302.

May 31, 1941 [H. R. 3205]

[Public Law 88]

Treasury and Post Office Departments

"(5) Any person who is an officer or an enlisted man in the organized Naval Reserve or the organized Marine Corps Reserve at the time fixed for registration under section 2, and who shall have satisfactorily served therein for at least six consecutive years, before or after or partially before and partially after the time fixed for such registration or any person who is an officer or an enlisted man in the Naval Merchant Marine Reserve or Volunteer Naval Reserve or Volunteer Marine Corps Reserve at the time fixed for registration under section 2, and who shall have satisfactorily served therein for at least eight consecutive years, before or after or partially before and partially after the time fixed for such registration."

Approved, May 29, 1941.

[CHAPTER 156]

AN ACT

Making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1942, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Appropriation Act, United States of America in Congress assembled,

1942.

ment Appropriation

TITLE I-TREASURY DEPARTMENT

Treasury Depart That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Treasury Department for the fiscal year ending June 30, 1942, namely:

Act, 1942.

Provisos.

Salary restriction. 42 Stat. 1488.

5 U.S. C. §§ 661-674. Post, p. 613.

Exceptions.

42 Stat. 1490.

5 U. S. C. § 666.

OFFICE OF THE SECRETARY

Salaries: Secretary of the Treasury, Under Secretary of the Treasury, Fiscal Assistant Secretary of the Treasury, two Assistant Secretaries of the Treasury, and other personal services in the District of Columbia, including the temporary employment of experts, $290,000: Provided, That in expending appropriations or portions of appropriations contained in this Act for the payment of personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the Assistant Secretaries of the Treasury and the Assistant Postmasters General, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended, and in grades in which only one position is allocated the salary of such position shall not exceed the average of the compensation rates for the grade, except that in unusually meritorious cases. of one position in a grade advances may be made to rates higher than the average of the compensation rates of the grade, but not more often than once in any fiscal year, and then only to the next higher rate: Provided further, That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, (2) to require the reduction in salary of any person whose compensation was fixed, as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, (4) to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated.

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