FEDERAL POWER ACT-SEC. 30

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pliance with any state laws. First Iowa Cooperative v. Federal Power Commission, 328 U.S. 152 (1946).

expressly "saves" certain state laws relating to proprietary rights as to the use of water, but section 9(b) does not itself require comSec. 28. [Reservation clause-Licensees' rights unaffected by change in Act.]-The right to alter, amend, or repeal this Act is hereby expressly reserved; but no such alteration, amendment, or repeal shall affect any license theretofore issued under the provisions of this Act, or the rights of any licensee thereunder. (41 Stat. 1077; 16 U.S.C. § 822)

Sec. 29. [Acts repealed-Act granting rights to the city and county of San Francisco unaffected.]—All Acts or parts of Acts inconsistent with this Act are hereby repealed: Provided, That nothing herein contained shall be held or construed to modify or repeal any of the provisions of the Act of Congress approved December 19, 1913, granting certain rights-of-way to the city and county of San Francisco, in the State of California: Provided further, That section 18 of an Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes, approved August 8, 1917, is hereby repealed. (41 Stat. 1077; 16 U.S.C. § 823) Sec. 30. [Short title.]-Repealed.

EXPLANATORY NOTES

Section Repealed. Section 212 of the Public Utility Act of August 26, 1935, 49 Stat. 847, repealed section 30, and provided that the "Federal Water Power Act", as amended, shall constitute Part I of the "Federal Power Act."

Legislative History. H.R. 3184, Public Law 280 in the 66th Congress. H.R. Rept. No. 61. S. Rept. No. 180. S. Doc. No. 269 and H.R. Rept. No. 910 (conference reports).

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PATENTS TO DISABLED SOLDIER ENTRYMEN

An act to authorize certain homestead settlers or entrymen who entered the military or naval service of the United States during the war with Germany to make final proof of their entries. (Act of March 1, 1921, ch. 102, 41 Stat. 1202)

[Sec. 1. Homestead and desert-land entrymen, incapacitated in World War, may make final proof and receive patent without further reclamation.]—Any bona fide settler, applicant, or entryman under the homestead laws of the United States, or any desert-land entryman whose entry is subject to the provisions of the act of June 17, 1902 (Thirty-second Statutes, page 388), who, after settlement, application, or entry, and prior to November 11, 1918, enlisted or was actually engaged in the United States Army, Navy, or Marine Corps during the war with Germany, who has been honorably discharged and because of physical incapacities due to the service is unable to return to the land, may make final proof, without further residence, improvement, cultivation, or reclamation, at such time and place as may be authorized by the Secretary of the Interior, and receive patent to the land by him so entered or settled upon, subject to the provisions of the act or acts under which such settlement or entry was made: Provided, That no such patent shall issue prior to the conformation of the entry to a single farm unit, as required by the act of August 13, 1914 (Thirty-eighth Statutes, page 686): And provided further, That this act shall not be construed to exempt or relieve such applicant or entryman from payment of any lawful fees, commissions, purchase moneys, water charges, or other sums due to the United States, or its successors in control of the reclamation project, in connection with such lands. (41 Stat. 1202; Act of April 7, 1922, 42 Stat. 492; 43 U.S.C. § 238)

EXPLANATORY NOTES

1922 Amendment. The Act of April 7, 1922, 42 Stat. 492, which appears herein in chronological order, amended section 1 of the Act to read as it appears above. Before amendment, the section read as follows:

"Any settler or entryman under the homestead laws of the United States, who, after settlement, application, or entry and prior to November 11, 1918, enlisted or was actually engaged in the United States Army, Navy, or Marine Corps during the war with Germany, who has been honorably discharged and because of physical incapacities due to service is unable to return to the land, may make proof, without further residence, improvement, or cultivation, at such time and place as may be authorized by

the Secretary of the Interior, and receive patent to the land by him so entered or settled upon: Provided, That no such patent shall issue prior to the survey of the land."

Reference in the Text. The Act of August 13, 1914 (Thirty-eighth Statutes, page 686), referred to in the text, is the Reclamation Extension Act. The Act appears herein in chronological order.

Cross Reference, Homestead Laws. This and other selected provisions from the homestead laws appear in the Appendix herein, under 43 U.S.C. §§ 161-284.

Legislative History. H.R. 13592, Public Law 351 in the 66th Congress. H.R. Rept. No. 837.

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WATER AND POWER WORKS IN NATIONAL PARKS

An act to amend an act entitled "An act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes," approved June 10, 1920. (Act of March 3, 1921, ch. 129, 41 Stat. 1353)

[Consent of Congress required to construct works within limits of any national park or national monument.]-Hereafter no permit, license, lease, or authorization for dams, conduits, reservoirs, power houses, transmission lines, or other works for storage or carriage of water, or for the development, transmission, or utilization of power, within the limits as now constituted of any national park or national monument shall be granted or made without specific authority of Congress, and so much of the Act of Congress approved June 10, 1920, entitled "An Act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes," approved June 10, 1920, as authorizes licensing for such uses of existing national parks and national monuments by the Federal Power Commission is hereby repealed. (41 Stat. 1353)

EXPLANATORY NOTES

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

Reference in the Text. Extracts from the Act approved June 10, 1920, creating a Federal Power Commission, etc., referred to in the title and text, appear herein in chronological order.

Cross Reference, 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; 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, estab

1. Construction with other laws

lishing 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, Federal Power Act. Section 212 of the Act of August 26, 1935, 49 Stat. 847, which provided that the Federal Water Power Act of 1920, as amended, would constitute Part I of the Federal Power Act, specifically provides that the above Act and any other Act relating to national parks and monuments are neither repealed nor amended by the 1935 Act.

Legislative History. S. 4554, Public Law 369 in the 66th Congress.

NOTES OF OPINIONS

The Act of March 3, 1921 (41 Stat. 1353), prohibiting the construction of reservoirs or other works for the storage or carriage of water within the limits of any national park or national monument without specific authority of Congress, necessitates the consent of Congress whether such works are constructed by the Government or by a private company. The fact that the Department considers the works to be con

structed not detrimental to the purposes of the reservation is not sufficient to justify the construction without the consent of Congress. Solicitor's Opinion, M-12896 (November 8, 1924), in re Indian irrigation project canal across Casa Grande National Monument.

The Act of March 3, 1921, 41 Stat. 1353, repealing the authority of the Federal Power Commission to grant licenses for works in national parks and monuments applies only

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