244 GRAND CANYON NATIONAL PARK [Extracts from] An act to establish the Grand Canyon National Park in the State of Arizona. (Act of February 26, 1919, ch. 44, 40 Stat. 1175) [Sec. 1. Grand Canyon National Park established.]-There is hereby reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States and dedicated and set apart as a public park for the benefit and enjoyment of the people, under the name of the "Grand Canyon National Park," the tract of land in the State of Arizona particularly described by and included within the metes and bounds as follows, to wit: (Boundary description omitted, 40 Stat. 1175, 16 U.S.C. § 221) primarily with the activities of the Bureau of Reclamation. Editor's Note, Annotations. Annotations of opinions are not included for this section and section 5 because they do not deal Sec. 5. [Rights of way.]-Whenever consistent with the primary purposes of said park the Act of February fifteenth, nineteen hundred and one, applicable to the locations of rights of way in certain national parks and the national forests for irrigation and other purposes, and subsequent Acts shall be and remain applicable to the lands included within the park. The Secretary of the Interior may, in his discretion and upon such conditions as he may deem proper, grant easements or rights of way for railroads upon or across the park. (40 Stat. 1178; 16 U.S.C. §225) EXPLANATORY NOTE Reference in the Text. The Act of Feb- referred to in the text, appears herein in ruary fifteenth, nineteen hundred and one, chronological order. Sec. 7. [Reclamation project.]—Whenever consistent with the primary purposes of said park, the Secretary of the Interior is authorized to permit the utilization of areas therein which may be necessary for the development and maintenance of a Government reclamation project. (40 Stat. 1178; 16 U.S.C. § 227) 245 LANDS FOR RESERVOIR SITES IN SUN RIVER AND MILK RIVER PROJECTS An act to authorize an exchange of lands with the State of Montana in connection with Muddy Creek Reservoir site, Sun River project, and Nelson Reservoir site, Milk River project, and for other purposes. (Act of February 28, 1919, ch. 74, 40 Stat. 1205) [Conveyance by State to United States-Conveyance by United States to State-Lands conveyed to United States reserved-May be restored.]-Upon receipt of proper deeds from the State Board of Land Commissioners of the State of Montana, executed under authority of its legislative assembly, reconveying to the United States of America title to the northwest quarter of the northwest quarter section 2, north half of the northeast quarter and southeast quarter of the northeast quarter section 3, township 22 north, range 1 west, Montana principal meridian; northeast quarter of the northeast quarter, south half of the northeast quarter, and southeast quarter section 20, east half of the northeast quarter, and southeast quarter section 21, southwest quarter of the northwest quarter, east half of the southwest quarter, and southwest quarter of the southeast quarter section 27, northeast quarter, northwest quarter, north half of the southwest quarter, and north half of the southeast quarter section 28, north half of the southwest quarter section 29, southeast quarter of the northwest quarter section 30, north half of the northeast quarter, and north half of the northwest quarter section 32, north half of the northeast quarter, and northeast quarter of the northwest quarter section 33, east half of the northeast quarter, south half of the northwest quarter, east half of the southwest quarter, and west half of the southeast quarter section 34, township 23 north, range 1 west, Montana principal meridian, for the Muddy Creek Reservoir site, Sun River project; and the northwest quarter of the northeast quarter section 35, township 32 north, range 32 east, north half of the southwest quarter section 4, township 31 north, range 32 east, and all of section 36, township 32 north, range 31 east, Montana principal meridian, for the Nelson Reservoir site, Milk River project; the Secretary of the Interior is authorized to issue patents to said State for such vacant, surveyed, unreserved, unoccupied, nonmineral public lands as may be selected by said State within its boundaries, not exceeding the amount of land included in said deeds, and said land when so reconveyed shall not be subject to settlement, location, entry, or selection under the public land laws, but shall be reserved for the use of the United States Reclamation Service for the purposes aforesaid: Provided, however, That the Secretary of the Interior may restore such lands as he may determine are not needed for said reservoir sites. (40 Stat. 1205) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 2715, Public Law 304 in the 65th Congress. S. Rept. No. 476. H.R. Rept. No. 939. 246 SUNDRY CIVIL EXPENSES APPROPRIATIONS ACT FOR 1920 [Extract from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1920, and for other purposes. (Act of July 19, 1919, ch. 24, 41 Stat. 163) [Receipts from lands withdrawn under reclamation law to go into reclamation fund-Lands needed for irrigation works and affected by other withdrawal Secretary of the Interior given jurisdiction.]—The proceeds heretofore or hereafter received from the lease of any lands reserved or withdrawn under the reclamation law or from the sale of the products therefrom shall be covered into the reclamation fund; and where such lands are affected by a reservation or withdrawal under some other law, the proceeds from the lease of land and the sale of products therefrom shall likewise be covered into the reclamation fund in all cases where such lands are needed for the protection or operation of any reservoir or other works constructed under the reclamation law, and such lands shall be and remain under the jurisdiction of the Secretary of the Interior. (41 Stat. 202; 43 U.S.C. § 394) NOTES OF OPINIONS The Act of July 19, 1919, serves two purposes: First, to clearly establish the authority of the Secretary of the Interior to lease, etc., lands withdrawn under the reclamation law; and second, where conflicting authorities exist, to establish the paramount authority of the Secretary to so deal with such lands in all cases where they are needed for the protection or operation of any reservoir or other works constructed under the reclamation law. In the case where conflicting authorities exist but the lands are not essential to protection or operation of the reclamation works, the Act does not apply; and questions of jurisdiction, revenues, and similar problems are for adjustment between the agencies on a mutually agreeable basis consistent with applicable statutes. Memorandum of Chief Counsel Fix, December 12, 1947. 2. Use of withdrawn lands A use test must be employed to determine whether receipts from activities on lands withdrawn for reclamation purposes are to be covered into the reclamation fund. Consequently, a proposed agreement with the Forest Service is unobjectionable which provides that revenues from lands within national forests that are withdrawn for reclamation purposes but not in actual use in connection with reclamation works shall be covered into the Forest Service Reserve Fund. Memorandum of Associate Solicitor Hogan to Regional Solicitor, Sacramento, September 11, 1963. Receipts from the sale of timber from reclamation withdrawn lands in national forests should be paid into the reclamation fund under the Act of July 19, 1919, if such lands are needed for the protection or operation of any reservoir or other works-in contrast to withdrawn lands which may be irrigated when construction is completedeven though construction of the reservoir or other works has not been started. Dec. Comp. Gen. B-11729 (August 23, 1940). Proceeds from the lease of, or sale of products from, lands in Rocky Mountain and SUNDRY CIVIL APPROPRIATIONS ACT, 1920 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. 3. Rights-of-way The Act of July 19, 1919, 41 Stat. 202, governs the disposition of all rental charges for rights-of-way on or over public lands withdrawn under the reclamation law granted under the Acts of February 15, 1901, 31 Stat. 790, March 4, 1911, 36 Stat. 1253, and January 21, 1895, 28 Stat. 635. The word "lease" was used in the act in a general rather than technical sense and was intended to embrace any authorized use or occupancy. However, rentals for pipeline rights-of-way granted under section 28 of the Act of February 25, 1920, 41 Stat. 437, are to be disposed of under section 35 of that act, which must be regarded as superseding the Act of July 19, 1919, so far 247 as such rentals are concerned, even though lands withdrawn under the reclamation law are affected. Departmental decision, May 9, 1940. 4. Net proceeds Under the authority of 31 U.S.C. § 489, the costs of the Bureau of Land Management in handling sales of timber from lands under the jurisdiction of the Bureau of Reclamation may be paid from the gross proceeds of the sales, and only the net proceeds need be paid into the reclamation fund under the Act of July 19, 1919. Dec. Comp. Gen. B-48120 (August 8, 1951). 5. Indian projects The provision contained in this Act directing that the proceeds derived from a lease of lands withdrawn under the reclamation law shall be covered into the reclamation fund, is to be regarded as relating primarily to "reclamation projects," and not to Indian irrigation projects, in the absence of a clear intent to include projects of the latter character. Flathead Lands, 48 L.D. 468 (1921). 246 SUNDRY CIVIL EXPENSES APPROPRIATIONS ACT FOR 1920 [Extract from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1920, and for other purposes. (Act of July 19, 1919, ch. 24, 41 Stat. 163) [Receipts from lands withdrawn under reclamation law to go into reclamation fund-Lands needed for irrigation works and affected by other withdrawal Secretary of the Interior given jurisdiction.]—The proceeds heretofore or hereafter received from the lease of any lands reserved or withdrawn under the reclamation law or from the sale of the products therefrom shall be covered into the reclamation fund; and where such lands are affected by a reservation or withdrawal under some other law, the proceeds from the lease of land and the sale of products therefrom shall likewise be covered into the reclamation fund in all cases where such lands are needed for the protection or operation of any reservoir or other works constructed under the reclamation law, and such lands shall be and remain under the jurisdiction of the Secretary of the Interior. (41 Stat. 202; 43 U.S.C. § 394) The Act of July 19, 1919, serves two purposes: First, to clearly establish the authority of the Secretary of the Interior to lease, etc., lands withdrawn under the reclamation law; and second, where conflicting authorities exist, to establish the paramount authority of the Secretary to so deal with such lands in all cases where they are needed for the protection or operation of any reservoir or other works constructed under the reclamation law. In the case where conflicting authorities exist but the lands are not essential to protection or operation of the reclamation works, the Act does not apply; and questions of jurisdiction, revenues, and similar problems are for adjustment between the agencies on a mutually agreeable basis consistent with applicable statutes. Memorandum of Chief Counsel Fix, December 12, 1947. 2. Use of withdrawn lands A use test must be employed to determine whether receipts from activities on lands withdrawn for reclamation purposes are to be covered into the reclamation fund. Consequently, a proposed agreement with the Forest Service is unobjectionable which provides that revenues from lands within national forests that are withdrawn for reclamation purposes but not in actual use in connection with reclamation works shall be covered into the Forest Service Reserve Fund. Memorandum of Associate Solicitor Hogan to Regional Solicitor, Sacramento, September 11, 1963. Receipts from the sale of timber from reclamation withdrawn lands in national forests should be paid into the reclamation fund under the Act of July 19, 1919, if such lands are needed for the protection or operation of any reservoir or other works-in contrast to withdrawn lands which may be irrigated when construction is completedeven though construction of the reservoir or other works has not been started. Dec. Comp. Gen. B-11729 (August 23, 1940). Proceeds from the lease of, or sale of products from, lands in Rocky Mountain and |