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136

BOUNDARY WATERS TREATY (GREAT BRITAIN)

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)

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[Payment to Uintah Indians from reclamation fund for lands withdrawn for Strawberry Valley project-Installments-Reimbursement.]-The Secretary of the Interior is hereby authorized to pay from the reclamation fund for the benefit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nineteen hundred and five, chapter fourteen hundred and seventy-nine, and which were by the Secretary of the Interior withdrawn for irrigation works under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, in connection with the reservoir for the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)

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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

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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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138 UINTAH INDIAN LANDS, STRAWBERRY VALLEY

Mineral leasing 2 Purpose 1

1. Purpose

NOTES OF OPINIONS

By this act, Congress intended to transfer to the water users the beneficial interest in the watershed lands pending the transfer of legal title. Solicitor White Opinion, M-36051 (December 7, 1950).

2. Mineral leasing

Because the Act of April 4, 1910, transfers to the water users of the Strawberry Valley project the beneficial interest in certain lands formerly included in the Uintah Indian Reservation, even though the legal title remains in the United States, these lands are not in the public-domain category,

and therefore are not subject to leasing under the Mineral Leasing Act. Neither are they subject to leasing under the Mineral Leasing Act for Acquired Lands. Consequently, oil and gas leases for such lands can only be issued by the Strawberry Water Users' Association. This can be done directly or by ratification of leases previously issued by the Department. Solicitor White Opinion, M-36051 (December 7, 1950). See also M-36051 (Supp.) (November 1, 1951).

The proceeds from oil and gas leases issued by the Strawberry Water Users' Association on former Indian reservation lands should be applied in conformity with subsection I of the Fact Finders Act of 1924. Solicitor White Opinion, M-36051 (December 7, 1950).

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)

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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.

140

REAPPRAISAL OF UNSOLD TOWN LOTS

An act providing for the reappraisement of unsold lots in town sites on reclamation projects, and for other purposes. (Act June 11, 1910, ch. 284, 36 Stat. 465)

[Sec. 1. Reappraisal and sale of unsold lots within reclamation town sites.]— The Secretary of the Interior is hereby authorized, whenever he may deem it necessary, to reappraise all unsold lots within town sites on projects under the reclamation act heretofore or hereafter appraised under the provisions of the act approved April sixteenth, nineteen hundred and six, entitled "An act providing for the withdrawal from public entry of lands needed for townsite purposes in connection with irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, and for other purposes," and the act approved June twenty-seventh, nineteen hundred and six, entitled "An act providing for the subdivision of lands entered under the reclamation act, and for other purposes"; and thereafter to proceed with the sale of such town lots in accordance with said acts. (36 Stat. 465; 43 U.S.C. § 564)

Sec. 2. [Terms of payment.]—In the sale of town lots under the provisions of the said acts of April sixteenth and June twenty-seventh, nineteen hundred and six, the Secretary of the Interior may in his discretion, require payment for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of six per centum per annum on deferred payments. (36 Stat. 466; 43 U.S.C. § 565)

EXPLANATORY NOTES

References in the Text. The Acts of April 16, 1906, and June 27, 1906, relating to town sites, appear herein in chronological order.

Legislative History. S. 5, Public Law 206 in the 61st Congress. S. Rept. (no number). H.R. Rept. No. 1349.

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