286 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. 288 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 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 WATER AND POWER WORKS IN NATIONAL PARKS 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 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 of the Act of January 26, 1915, 38 Stat. 800, establishing 289 not the park; and this authority was 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). The Federal Power Commission does not have authority to grant licenses for power works within national parks or national monuments, whether or not there are navigable waters within such reservations. Acting Solicitor Kirgis Opinion, 56 I.D. 372 (1938). 290 SUNDRY CIVIL EXPENSES APPROPRIATIONS ACT FOR 1922 [Extracts from] An act making appropriations for the sundry civil expenses of the Government for the fiscal year ending June 30, 1922, and for other purposes. (Act of March 4, 1921, ch. 161, 41 Stat. 1367) [New town site to replace American Falls.]-Minidoka project, Idaho: For operation and maintenance, continuation of construction, and incidental operations, with authority in connection with the construction of American Falls Reservoir, to purchase or condemn and to improve suitable land for a new town site to replace the portion of the town of American Falls which will be flooded by the reservoir, and to provide for the removal of buildings to such new site and to plat and to provide for appraisal of lots in such new town site and to exchange and convey such lots in full or part payment for property to be flooded by the reservoir and to sell for not less than the appraised valuation any lots not used for such exchange, $1,735,000, together with the unexpended balance of the appropriation for this project for the fiscal year 1921. (41 Stat. 1403.) EXPLANATORY NOTES Provision Repeated. Similar provisions are carried in the Interior Department Appropriation Acts for 1923, Act of May 22, 1922, 42 Stat. 585, and for 1924, Act of January 24, 1923, 42 Stat. 1206. Cross Reference. Additional provisions relating to the American Falls Reservoir are carried in the Interior Department Appropriation Act for 1925, Act of June 5, 1924, 43 Stat. 417. NOTES OF OPINIONS Condemnation of land for town site 2 The Act of March 3, 1925, 43 Stat. 1165, For the purpose of providing for a new town site the United States brought suit in eminent domain to acquire title in fee of 130 acres of land, the property of DeWitt G. Brown, under authority of a special provision in the appropriation Act of March 4, 1921, 41 Stat. 1403. The defendant having contested the suit, United States District Judge Dietrich held that the necessity of taking land by condemnation for public purposes is a legislative question, and when the taking is to be by the Government itself, an act authorizing it is presumed to be within the constitutional power of Congress, and that the said act of March 4, 1921, is valid and authorizes such condemnation. United States v. Brown, et al., 279 Fed. 168 (1922). Decree affirmed in Brown v. United States, 263 U.S. 78 (1923). |