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201

RESERVATIONS FOR PARKS AND COMMUNITY CENTERS

An act to authorize the reservation of public lands for country parks and community centers within reclamation projects, and for other purposes. (Act of October 5, 1914, ch. 316, 38 Stat. 727)

[Sec. 1. Lands in reclamation projects reserved for country parks, public playgrounds, and community centers.]—The Secretary of the Interior is hereby authorized to withdraw from other disposition and reserve for country parks, public playgrounds, and community centers for the use of the residents upon the lands such tracts as he may deem advisable not exceeding twenty acres in any one township in each reclamation project or the several units of such reclamation projects undertaken under the act of June seventeenth, nineteen hundred and two, known as the reclamation act. (38 Stat. 727; 43 U.S.C. § 569)

EXPLANATORY NOTE

Cross Reference, Reservations for Town Sites. Section 1 of the Act of April 16, 1906, 34 Stat. 116, authorizes the Secretary of the Interior to withdraw from public

entry any lands needed for town site purposes in connection with irrigation projects. The 1906 Act appears herein in chronological order.

Sec. 2. [Free water supply-Reservations to be used in perpetuity.]-Subject to the provisions hereinafter contained every such tract of land so set apart shall be supplied with water from the Government irrigation system, the cost thereof to be charged to the remaining lands of the project as a part of the construction charge of such project, and shall be maintained and used in perpetuity by the people upon said reclaimed lands for a pleasure park, public playground, and community center. (38 Stat. 727; 43 U.S.C. § 569)

Sec. 3. [Contracts with irrigation organizations to maintain lands so reserved for purposes prescribed-Reversion.]-For the purpose of carrying out and effecting the objects of this act the Secretary of the Interior is authorized to enter into a contract with the organization formed by the owners of the lands irrigated within said project or project unit pursuant to section six of the act of June seventeenth, nineteen hundred and two, stipulating and providing that the organization will maintain and use such of the lands so reserved for the purposes prescribed in this act as such organization may desire, and that upon failure to so maintain and use such lands, or in the event that same shall be permitted to be used or occupied for other purposes than those stipulated in this act, the control of the lands shall revert to the United States. (38 Stat. 728; 43 U.S.C. § 569)

Sec. 4. [Disposal of lands not taken within 10 years-Proceeds covered into reclamation fund.]—Any of such lands not contracted for in accordance with the provisions of section three of this act within ten years from the time water is available for the same, or sooner, if the Secretary of the Interior may deem it desirable, shall be disposed of in accordance with the public-land laws applicable thereto, and the proceeds from the disposition of lands reverting to the

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PARKS AND COMMUNITY CENTERS

United States under the provisions of this act, and from sales of water rights, shall be covered into the reclamation fund and placed to the credit of the project wherein the lands are situate. (38 Stat. 728; 43 U.S.C. § 569)

EXPLANATORY NOTES

Codification. The entire act is codified as section 569, title 43, of the U.S. Code. Supplementary Provision, Lot in Black Canyon Unit. The Act of July 3, 1926, 44 Stat. 890, extends the provisions of this act

to a 25-acre tract in the Black Canyon unit of the Boise project, Idaho.

Legislative History. S. 657, Public Law 208 in the 63rd Congress. S. Rept. No. 85. H.R. Rept. No. 426. H.R. Rept. No. 1121.

203

ROCKY MOUNTAIN NATIONAL PARK

[Extracts from] An Act to establish the Rocky Mountain National Park in the State of Colorado, and for other purposes. (Act of January 26, 1915, ch. 19, 38 Stat. 798) [Sec. 1. Establishment of park-Use for reclamation project.]-The tract of land in the State of Colorado particularly described by and included within metes and bounds as follows, to wit:

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is hereby reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and said tract is dedicated and set apart as a public park for the benefit and enjoyment of the people of the United States, under the name of the Rocky Mountain National Park: Provided, That 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. (38 Stat. 798-800; 16 U.S.C. §191)

EXPLANATORY NOTES

Cross Reference, Water and Power Works 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. Notes of Opinions following it should be consulted with respect to the effect of that act. The 1921 Act appears herein in chronological order.

Cross Reference, Federal Power Act. Section 212 of the Act of August 26, 1935, 49 Stat. 847, the Federal Power Act, specifically provides that the Act of March 3, 1921, respecting water and power works in national parks, and any other acts relating

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NOTES OF

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 to power projects, and does not apply to reclamation projects. Consequently, the 1921 Act does not repeal the specific authority granted by the Act of January 26, 1915, 38 Stat. 800, for the utilization of Rocky Mountain National Park for a "Government reclamation

to national parks and monuments are not affected by the 1935 Act.

Cross Reference, Other 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 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 Park. Extracts from each of these Acts appear herein in chronological order.

OPINIONS

project." 38 Op. Atty. Gen. 310 (1935). The tunnel under the Rocky Mountain National Park, proposed as part of the Grand Lake-Big Thompson transmountain diversion project (later renamed the Colorado-Big Thompson project), is authorized by the proviso in section 1 of the Act of January 26, 1915, 38 Stat. 800, establishing the park; and this authority was not repealed by the Act of March 3, 1921, 41 Stat. 1353, requiring Congressional authorization for water and power facilities in national parks and monuments. Solicitor Margold Opinion, M-28081 (July 19, 1935).

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ROCKY MOUNTAIN NATIONAL PARK

2. Proceeds from lands

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.

Sec. 2. [Rights of way.]-Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral, right of way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. Whenever consistent with the primary purposes of the park the Act of February fifteenth, nineteen hundred and one, applicable to the location of rights of way in certain national parks and the national forests for irrigation and other purposes, shall be and remain applicable to the lands included within the park. (38 Stat. 800; § 7, Act of February 26, 1931, 46 Stat. 1044; 16 U.S.C. § 193)

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205

SUNDRY CIVIL EXPENSES APPROPRIATIONS ACT FOR 1916

[Extracts from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and sixteen, and for other purposes. (Act of March 3, 1915, ch. 75, 38 Stat. 822)

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The following sums are appropriated out of the special fund in the Treasury of the United States created by the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), and therein designated "the reclamation fund":

[Damage payments.]—For * * * payment of claims for damage to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; *** (38 Stat. 859)

EXPLANATORY NOTES

Provision Repeated; Evolution of Wording. A provision for the payment of damage claims has appeared in each annual appropriation act for the Bureau of Reclamation beginning with the Act of March 3, 1915. The shortened form shown above was first used in the Act of September 6, 1950, 64 Stat. 687. It has been carried in each subsequent annual Interior Department Appropriation Act through fiscal year 1955, and thereafter in each annual Public Works Appropriation Act through the most recent one, the Act of October 15, 1966, 80 Stat. 1008.

As first enacted in 1915, the provision read: "payment of damages caused to the owners of lands or private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and the Secretary of the Interior."

The appropriation act for fiscal year 1927 and subsequent acts inserted the word "other" before "private property" and added "or such officers as he may designate" at the end. The appropriation act for fiscal year 1939 and subsequent acts dropped the last clause "and which may be compromised by agreement between the claimant and the Secretary of the Interior or such officers as he may designate." The appropriation act for fiscal year 1948 and subsequent acts revised the provision to read "payment of claims for damage to or loss of property, personal injury, or death,

arising out of the survey, construction, operation or maintenance of works by the Bureau of Reclamation". The Act of September 6, 1950, substituted "activities of" for the phrase "the survey, construction, operation or maintenance of works by".

Comparable Provision, Indian Irrigation Projects. The Act of February 20, 1929, 42 Stat. 1252, 25 U.S.C. § 388, provides for similar payment in connection with Bureau of Indian Affairs irrigation works.

Remedy Solely Discretionary. The remedies provided by the appropriation acts and the Act of February 20, 1929, have been construed to be matters entirely within the discretion of the Secretary of the Interior, rather than statutory rights to compensation. Solicitor White Opinion, 60 I.D. 451, 454 (1950); Bill Powers, TA-271 (Ir.), 71 I.D. 237 (1964).

Procedures for Administrative Determinations. Each Regional Solicitor is authorized to determine, under the annual Public Works Appropriation Act, claims not exceeding $15,000 for damage to or loss of property, personal injury, or death arising from activities of the Bureau of Reclamation. The Regional Solicitor is likewise authorized to make determinations for claims under $15,000 arising from the survey, construction, operation or maintenance of irrigation works on Indian irrigation projects. Appeal lies to the Solicitor, upon written notice of appeal filed with the Regional Solicitor within 30 days of receipt of the determination. Solicitor's Regulation No. 5, amended October 5, 1965.

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