INTERIOR DEPARTMENT APPROPRIATION ACT, 1942 717

entitled "An Act to amend the Act of May 13, 1924, entitled 'An Act providing for a study regarding the equitable use of the waters of the Rio Grande', and so forth, as amended by the public resolution of March 3, 1927”, approved August 19, 1935: Provided further, That from said sum expenditures may be made for personal services in the District of Columbia (not exceeding $15,000), and in the field, for the payment of fees for professional services, including experts, engineers, and attorneys, and for all other objects of expenditure as specified for projects hereinbefore in this Act under the caption "Bureau of Reclamation", under the headings "Salaries and expenses" and "Administrative provisions and limitations", but without regard to the amounts of the limitations therein set forth: Provided further, That of said sum, $250,000 shall, upon approval by the President of an allocation therefor, be available to the Secretary of State (acting through the American Commissioner of the International Boundary Commission, United States and Mexico) for continuing the investigations authorized by such Act of August 19, 1935: Provided further, That the Secretary of State, with the approval of the President, shall designate the features of the project which he deems international in character, and shall direct such changes in the general project plan as he deems advisable with respect to such features; and the features so designated shall be built, after consultation with the Bureau of Reclamation as to general design, by the American section of the International Boundary Commission, United States and Mexico, and shall be operated and maintained by said Commission insofar as their operation and maintenance in such manner is, in the opinion of the Secretary of State, necessary because of their international character. The construction, operation, and maintenance of such project shall be pursuant to the Federal reclamation laws, except as hereinbefore provided and except that

(1) In addition to the nonreimbursable allocation to flood control or navigation which may be made by the Secretary of the Interior under section 9 (b) of the Reclamation Project Act of 1939, the President, after consultation with the Secretary of State and the Secretary of the Interior, shall allocate such part of the total estimated cost of the project as he deems proper to the protection of American interests from drought hazards resulting from the uncontrolled and unregulated flow of the international portion of the Rio Grande below Old Fort Quitman, Texas. Provisions of law applicable with respect to allocations to flood control under section 9 (b) of the Reclamation Project Act of 1939 shall, insofar as they are not inconsistent with the foregoing provisions, be applicable in like manner with respect to any allocation made under this subparagraph; and

(2) All revenues received by the United States in connection with the construction, operation, and maintenance of such projects shall be covered into the Treasury as miscellaneous receipts. (55 Stat. 338; 22 U.S.C. § 277f)

EXPLANATORY

Project Not Constructed. As of 1966 this project has not been constructed.

International Boundary Commission. The International Boundary Commission was created pursuant to the Convention

NOTES

with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treaty with Mexico of

[Protection against sabotage and other depredations.]-Protection of project works: For the purpose of providing protective devices such as floodlights, gates, and barricades for the protection against sabotage and other depredations of any and all dams, powerhouses, and other structures and works whatsoever, heretofore or hereafter constructed by the Bureau of Reclamation, which in the opinion of the Secretary require such protection, $50,000, to be immediately available: Provided, That the Secretary may, in his discretion, enter into agreements with other Federal agencies or with States, counties, irrigation, construction, or reclamation districts or other political subdivisions or water users' associations for the protection of any such works and for reimbursement from this appropriation for amounts expended by them in furnishing protection for any such works. (55 Stat. 339)

Sec. 8. [Short title.]-This Act may be cited as the "Interior Department Appropriation Act, 1942" (55 Stat. 361)

EXPLANATORY NOTES

Not Codified. The extracts shown here, with the exception of the item on the Valley Gravity Canal, are not codified in the U.S. Code.

Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts

appear herein only in the act in which first used.

Legislative History. H.R. 4590, Public Law 136 in the 77th Congress. H.R. Rept. No. 476. S. Rept. No. 366. H.R. Rept. No. 773 (conference report).

719

ACQUISITION OF

INDIAN LANDS FOR CENTRAL VALLEY PROJECT

An act for the acquisition of Indian lands for the Central Valley project, and for other purposes. (Act of July 30, 1941, ch. 334, 55 Stat. 612)

[Sec. 1. Indian rights to tribal and allotted lands granted-Other interests granted.]—In aid of the construction of the Central Valley project, authorized by the Acts of April 8, 1935 (49 Stat. 115), and August 26, 1937 (50 Stat. 850), there is hereby granted to the United States, subject to the provisions of this Act, (a) all the right, title, and interest of the Indians in and to the tribal and allotted lands within the area embraced by the Central Valley project, including sites of agency and school buildings and related structures, as may be designated therefor by the Secretary of the Interior from time to time, and (b) such other interests in or to any of such lands and property as may be required and as may be designated by the Secretary of the Interior from time to time for the construction of reservoirs, canals, ditches, pipe lines, highways, railroads, telegraph, telephone, and electric-transmission lines in connection with the project, or for the relocation or reconstruction of such facilities made necessary by the construction of the project. (55 Stat. 612)

EXPLANATORY NOTE

References in the Text. The Act of April 8, 1935 (49 Stat. 115), and extracts from the Act of August 26, 1937 (50 Stat.

850), both referred to in the text as authorizing the Central Valley project, California, appear herein in chronological order.

Sec. 2. [Secretary to determine compensation-Funds to be transferred to credit of appropriate tribe.]—As lands or interests in lands are designated from time to time under this Act, the Secretary of the Interior shall determine the amount of money to be paid to the Indians as just and equitable compensation therefor. As to the tribal lands, the amounts so determined shall be transferred in the Treasury of the United States from the funds now or hereafter made available for the construction of the Central Valley project to the credit of the appropriate tribe pursuant to the provisions of the Act of May 17, 1926 (44 Stat. 560). The amounts due individual landowners or their heirs or devisees shall be paid from funds now or hereafter made available for the construction of said project to the superintendent of the appropriate Indian Agency or such other officer as shall be designated by the Secretary of the Interior for credit on the books of such agency to the accounts of the individuals concerned. (55 Stat. 612)

EXPLANATORY NOTE

Reference in the Text. The Act of May 17, 1926 (44 Stat. 560), referred to in the text, provides that miscellaneous revenues derived from Indian reservations, agencies and schools, not otherwise ear

marked by law, shall be set aside in a special Treasury account and used, in the discretion of the Secretary of the Interior, for the benefit of the Indian tribes, agencies and schools on whose behalf they were collected.

720

INDIAN LANDS, CENTRAL VALLEY PROJECT

Sec. 3. [Funds may be used for acquisition of other lands.]—Funds deposited to the credit of allottees, their heirs, or devisees may be used, in the discretion of the Secretary of the Interior, for the acquisition of other lands and improvements, or the relocation of existing improvements or construction of new improvements on the lands so acquired for the allottees or heirs whose lands and improvements are acquired under the provisions of this Act. Lands so acquired shall be held in the same status as those from which the funds were derived, and shall be nontaxable until otherwise provided by Congress. (55 Stat. 612)

Sec. 4. [Secretary authorized to establish cemeteries on other lands.]— As to any Indian cemetery lands required for the project, the Secretary of the Interior is authorized, in his discretion, in lieu of requiring payment therefor, to establish cemeteries on other lands that he may select and acquire for the purpose, and to remove bodies, markers, and other appurtenances to the new sites. All costs incurred in connection with any such relocation shall be paid from moneys appropriated for the project. All right, title, and interest of the Indians in the lands within any cemetery so relocated shall terminate and the grant of title under this Act take effect as of the date the Secretary of the Interior authorizes the relocation. Sites of the relocated cemeteries shall be held in trust by the United States for the appropriate tribe, or family, as the case may be, and shall be nontaxable. (55 Stat. 612)

Sec. 5. [Authority of the Secretary.]-The Secretary of the Interior is hereby authorized to perform any and all acts and to prescribe such regulations as he may deem appropriate to carry out the provisions of this Act. (55 Stat. 613)

Explanatory Notes

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

Legislative History. S. 1120, Public Law 198 in the 77th Congress. S. Rept. No. 245.

721

DELEGATION OF AUTHORITY

An act to facilitate and simplify the administration of the Federal reclamation laws and the Act of August 11, 1939, as amended (Act of December 19, 1941, ch. 595, 55 Stat. 842)

[Delegation of power.]-For the purpose of facilitating and simplifying the administration of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388 and Acts amendatory thereof or supplementary thereto) and the Act of August 11, 1939 (53 Stat. 1418), as amended, the Secretary of the Interior is hereby authorized to delegate, from time to time and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of Reclamation, an Assistant Commissioner, or the officer in charge of any office, division, district, or project of the Bureau of Reclamation. (55 Stat. 842; 16 U.S.C. § 590z-11)