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fifth, and sixth paragraphs of Article XLV of The Hague Convention for the pacific settlement of international disputes, dated October 18, 1907. Such umpire shall have power to render a final decision with respect to those matters and questions so referred on which the Commission failed to agree.

ARTICLE XI

[Duplicate reports.]—A duplicate original of all decisions rendered and joint reports made by the Commission shall be transmitted to and filed with the Secretary of State of the United States and the Governor General of the Dominion of Canada, and to them shall be addressed all communications of the Commission.

ARTICLE XII

[Organization and procedures of Commission.]-The International Joint Commission shall meet and organize at Washington promptly after the members thereof are appointed, and when organized the Commission may fix such times and places for its meetings as may be necessary, subject at all times to special call or direction by the two Governments. Each Commissioner, upon the first joint meeting of the Commission after his appointment, shall, before proceeding with the work of the Commission, make and subscribe a solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this treaty, and such declaration shall be enforced on the records of the proceedings of the Commission.

The United States and Canadian sections of the Commission may each appoint a secretary, and these shall act as joint secretaries of the Commission at its joint sessions, and the Commission may employ engineers and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the Commission and of the secretaries shall be paid by their respective Governments, and all reasonable and necessary joint expenses of the Commission, incurred by it, shall be paid in equal moieties by the High Contracting Parties.

The Commission shall have power to administer oaths to witnesses, and to take evidence on oath whenever deemed necessary in any proceeding, or inquiry, or matter within its jurisdiction under this treaty, and all parties interested therein shall be given convenient opportunity to be heard, and the High Contracting Parties agree to adopt such legislation as may be appropriate and necessary to give the Commission the powers above mentioned on each side of the boundary, and to provide for the issue of subpoenas and for compelling the attendance of witnesses in proceeding before the Commission. The Commission may adopt such rules of procedure as shall be in accordance with justice and equity, and may make such examination in person and through agents or employees as may be deemed advisable.

ARTICLE XIII

[Legislation.]—In all cases where special agreements between the High Contracting Parties hereto are referred to in the foregoing articles, such agreements are understood and intended to include not only direct agreements between the

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High Contracting Parties but also any mutual arrangement between the United States and the Dominion of Canada expressed by concurrent or reciprocal legislation on the part of Congress and the Parliament of the Dominion.

ARTICLE XIV

[Ratification.]—The present treaty shall be ratified by the President of the United States of America, and by and with the advice and consent of the Senate thereof, and by His Britannic Majesty. The ratifications shall be exchanged at Washington as soon as possible and the treaty shall take effect on the date of the exchange of its ratifications. It shall remain in force for five years, dating from the day of exchange of ratifications, and thereafter until terminated by twelve months' written notice given by either High Contracting Party to the other.

IN FAITH WHEREOF the respective plenipotentiaries have signed this treaty in duplicate and have hereunto affixed their seals.

DONE at Washington the 11th day of January, in the year of our Lord, one thousand nine hundred and nine.

ELIHU ROOT [SEAL]
JAMES BRYCE [SEAL]

EXPLANATORY NOTE

Editor's Note, Annotations. Annotations of opinions are not included because this

Treaty does not relate primarily to activities of the Bureau of Reclamation.

137

PAYMENT FOR UINTAH INDIAN LANDS, STRAWBERRY VALLEY

PROJECT

[Extract from] An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1911. (Act of April 4, 1910, ch. 140, 36 Stat. 269)

[Payment to Uintah Indians from reclamation fund for lands withdrawn for Strawberry Valley project-Installments-Reimbursement.]—The Secretary of the Interior is hereby authorized to pay from the reclamation fund for the benefit of the Uintah Indians the sum of $1.25 per acre for the lands in the former Uintah Indian Reservation, in the State of Utah, which were set apart by the President for reservoir and other purposes under the provisions of the act approved March third, nineteen hundred and five, chapter fourteen hundred and seventy-nine, and which were by the Secretary of the Interior withdrawn for irrigation works under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, in connection with the reservoir for the Strawberry Valley project. Such payment shall be made in five annual installments, and the moneys paid shall be subject to the same disposition as the proceeds of the sales of lands in the former Indian reservation. All such payments shall be included in the cost of construction of said Strawberry Valley project to be reimbursed by the owners of lands irrigated therefrom, all receipts from said lands, as rentals or otherwise, being credited to the said owners. All right, title, and interest of the Indians in the said lands are hereby extinguished, and the title, management, and control thereof shall pass to the owners of the lands irrigated from said project whenever the management and operation of the irrigation works shall so pass under the terms of the reclamation act. (36 Stat. 285)

*

EXPLANATORY NOTES

Not Codified. The extract of this act shown here is not codified in the U.S. Code. Background. The Comptroller of the Treasury ruled in 1907 that where, under the Act of March 3, 1905, 33 Stat. 1069, lands of the Uintah Indian Reservation have been set apart and reserved as a reservoir site for general agricultural development and subesquently have been withdrawn under section 3 of the Reclamation Act from all forms of sale and entry, the United States is liable upon an implied con

tract to the Indians of said Reservation for the occupancy and use of said land to the extent that the use made of them is inconsistent with the rights of the Indians to use and occupy them or leave them open to sale and entry for their benefit, and the reclamation fund is applicable to the payment thereof. 14 Comp. Dec. 49 (1907).

Legislative History. H.R 19028, Public Law 114 in the 61st Congress H.R. Rept. No. 298. S. Rept. No. 357. H.R. Rept. No. 823 (conference report).

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UINTAH INDIAN LANDS, STRAWBERRY VALLEY

NOTES OF OPINIONS

139

GLACIER NATIONAL PARK

[Extract from] An act to establish "The Glacier National Park" in the Rocky Mountains south of the international boundary line in the State of Montana, and for other purposes. (Act of May 11, 1910, ch. 226, 36 Stat. 354)

[Sec. 1. Glacier National Park-Rights-of-way for railways-Reclamation projects.]—* * * 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: *** (36 Stat. 354; 16 U.S.C. § 161)

Cross Reference, Other Statutes Authorizing the Use of National Parks for Reclamation Purposes. The Act of January 26, 1915, 38 Stat. 798, establishing the Rocky Mountain National Park; the Act of August 9, 1916, 39 Stat. 442, establishing the Lassen Volcanic National Park; and the Act of February 26, 1919, 40 Stat. 1178, establishing the Grand Canyon National Park, each contain authority for certain Reclamation activities within the parks. Extracts from each of these acts appear herein in chronological order.

Cross Reference, Water and Power Works

1. Proceeds from withdrawn lands

*

Within National Parks or Monuments. The Act of March 3, 1921, 41 Stat. 1353, requires the consent of Congress for the construction of water and power facilities within a national park or monument. The Notes of Opinion following it should be consulted with respect to the effect of that Act. The 1921 Act appears herein in chronological order.

Legislative History. S. 2777, Public Law 171 in the 61st Congress. S. Rept. No. 106. H.R. Rept. No. 767. H.R. Rept. No. 1142 (conference report).

NOTE OF OPINION

Proceeds from the lease of, or sale of products from, lands in Rocky Mountain and Glacier National Parks that are withdrawn under reclamation laws but are not used for constructed reclamation projects,

are subject to disposition under laws relating to the national parks and are not covered into the reclamation fund, as provided by the Act of July 19, 1919. C.L. 866, January 19, 1920.