500 METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RIGHT-OF-WAY FOR AQUEDUCT An act granting to the Metropolitan Water District of Southern California certain public and reserved lands of the United States in the counties of Los Angeles, Riverside, and San Bernardino, in the State of California. (Act of June 18, 1932, ch. 270, 47 Stat. 324) [Sec. 1. Grant to district of lands for rights-of-way and other purposes— Subject to filing of maps-Payment for lands conveyed other than for rightsof-way for aqueduct-Compensation for Indian lands-Locations, width, extent.]-Subject to the reservation, until their disposition is hereafter expressly directed by law, of all mineral except earth, stone, sand, gravel, and other materials of like character, there is hereby granted to the Metropolitan Water District of Southern California, a public corporation of the State of California, all lands belonging to the United States, situate in the counties of Los Angeles, Riverside, and San Bernardino, in the State of California, including trust or restricted Indian allotments in any Indian reservation or lands reserved for any purpose in connection with the Indian Service, which have not been conveyed to any allottee with full power of alienation, which may be necessary, as found by the Secretary of the Interior, for any or all of the following purposes: Rightsof-way; buildings and structures; construction and maintenance camps: dumping grounds; flowage; diverting or storage dams; pumping plants; power plants, canals, ditches, pipes, and pipe lines; flumes, tunnels, and conduits for conveying water for domestic, irrigation, power, and other useful purposes; poles, towers, and lines for the conveyance and distribution of electrical energy; poles and lines for telephone and telegraph purposes; roads, trails, bridges, tramways, railroads, and other means of locomotion, transmission, or communication; for obtaining stone, earth, gravel, and other materials of like character: or any other necessary purposes of said district, together with the right to take for its own use, free of cost, from any public lands, within such limits as the Secretary of the Interior may determine, stone, earth, gravel, sand, and other materials of like character necessary or useful in the construction, operation, and maintenance of aqueducts, reservoirs, dams, pumping plants, electric plants, and transmission, telephone, and telegraph lines, roads, trails, bridges, tramways, railroads, and other means of locomotion, transmission, and communication, or any other necessary purposes of said district. This grant shall be effective upon (1) the filing by said grantee at any time after the passage of this act, with the register of the United States local land office in the district where said lands are situated, of a map or maps showing the boundaries, locations, and extent of said lands and of said rights-of-way for the purposes hereinabove set forth; (2) the approval of such map or maps by the Secretary of the Interior, with such reservations or modifications as he may deem appropriate; (3) the payment of $1.25 per acre for all Government lands conveyed under this act other than for the right-of-way for the aqueduct, and (4) for all lands conveyed METROPOLITAN WATER DISTRICT AQUEDUCT 501 in Indian reservations or in Indian allotments which have not been conveyed to the allottee with full power of alienation, the district shall pay for the benefit of the Indians such just compensation as may be determined by the Secretary of the Interior: Provided, That said lands for rights-of-way shall be along such locations and of such width, not to exceed two hundred and fifty feet, as in the judgment of the Secretary of the Interior may be required for the purposes of this act: And provided further, That said lands for any of said purposes other than for rights-of-way for the aqueduct may be of such width or extent as may be determined by the Secretary of the Interior as necessary for such purposes. (47 Stat. 324) Sec. 2. [Maps filed by district in connection with previous applications, still pending or which have been granted.]-Whenever the lands or the rights-ofway are the same as are designated on any map heretofore filed by said district or by the city of Los Angeles in connection with any application for a right-ofway under any statute of the United States, which said application is still pending, or has been granted, and is unrevoked and has been transferred to and is now owned by said district, then upon the approval by the Secretary of the Interior of any such later map with such modifications and under such conditions as he may deem appropriate the rights hereby granted shall, as to such lands or rights-of-way, become effective as of the date of the filing of said earlier map or maps with the register of the United States local land office. (47 Stat. 325) Sec. 3. [Lands in national forest subject to approval-Date said lands shall vest in grantee.]—If any of the lands to which the said district seeks to acquire title under sections 1 and 2 of this act are in a national forest, the said map or maps shall be subject to the approval of the Secretary of Agriculture so far as national-forest lands are affected; and upon such approval and the subsequent approval by the Secretary of the Interior, title to said lands shall vest in the grantee upon the date of such subsequent approval. (47 Stat. 325) Sec. 4. [Grants subject to prior claims.]-Said grants are to be made subject to the rights of all claimants or persons who shall have filed or made valid claims, locations, or entries on or to said lands, or any part thereof prior to the effective date of any conflicting grant hereunder, unless prior to such effective date proper relinquishments or quitclaims have been procured and caused to be filed in the proper land office. (47 Stat. 325) Sec. 5. [Land to revest in United States on cessation of use.]-On the cessation of use of the land granted for the purposes of the grant the estate of the grantee or of its assigns shall terminate and revest in the United States. (47 Stat. 326) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. H.R. 10048, Public Law 188 in the 72nd Congress. H.R. Rept. No. 1138. S. Rept. No. 801. 502 RECLASSIFICATION OF LANDS WITHIN KLAMATH IRRIGATION DISTRICT An act to amend section 14 of an act entitled “An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes", approved May 25, 1926 (44 Stat. 636), as amended (46 Stat. 249). (Act of June 23, 1932, ch. 273, 47 Stat. 331) [Secretary authorized to place lands in temporarily unproductive class.]— An act entitled “An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes", approved May 25, 1926 (44 Stat. 636), as amended by the act of April 23, 1930 (46 Stat. 249) is hereby further amended by adding after the subparagraph (a) in section 14 the following new subparagraph: "(a-1) The Secretary of the Interior is hereby authorized to reclassify all lands within the Klamath irrigation district and to place in the temporarily unproductive class such lands as he determines are properly subject to this classification." (47 Stat. 332; 43 U.S.C. § 610) EXPLANATORY NOTES References in the Text. The Act of May 25, 1926 (44 Stat. 636), as amended by the Act of April 23, 1930 (46 Stat. 249), which is amended by this act, is the Omnibus Adjustment Act. Both the Act and the amending statute appear herein in chronological order. Editor's Note, Annotations. Annotations of opinions, if any, are found under section 14 of the Act of May 25, 1926. Legislative History. S. 4614, Public Law 191 in the 72nd Congress. S. Rept. No. 724. H.R. Rept. No. 1438 (on H.R. 11966). 503 SECOND DEFICIENCY APPROPRIATION ACT, 1932 [Extracts from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1932, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1932, and June 30, 1933, and for other purposes. (Act of July 1, 1932, ch. 364, 47 Stat. 525.) The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1932, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1932, and June 30, 1933, and for other purposes, namely: ... [Yakima project-Power revenues.]-Yakima project (Kennewick Highlands unit), Washington: Provided, That not to exceed $40,000 from power revenues shall be available during the fiscal year 1933 for operation and maintenance of power system. (47 Stat. 535) EXPLANATORY Note Provision Repeated. A similar appropriation of power revenues for operation and maintenance purposes of the Yakima project, not limited to the Kennewick High lands unit, is contained in each subsequent annual Interior Department Appropriation Act through the Act of October 12, 1949, 63 Stat. 781. [Palo Verde Valley flood protection-Authorized.]-Palo Verde Valley, California, flood protection: For the protection of the Palo Verde Valley, California, from overflow and destruction by Colorado River floods, to be expended under the direction of the Secretary of the Interior for the purpose of repairing and reconstructing the levee system on the Colorado River in front of the said Palo Verde Valley, fiscal year 1933, $50,000, or so much thereof as may be necessary. (47 Stat. 535) EXPLANATORY NOTES Not Codified. Extracts of this Act shown here are not codified in the U.S. Code. Legislative History. H.R. 12443, Public Law 235 in the 72nd Congress. H.R. Rept. No. 1491. S. Rept. No. 948. H.R. Rept. No. 1736 (conference report). 504 LEAVITT ACT An act to authorize the Secretary of the Interior to adjust reimbursable debts of Indians and tribes of Indians. (Act of July 1, 1932, ch. 369, 47 Stat. 564) [Indians-Adjustment of reimbursable debts-Deferment of irrigation construction charges-Report to Congress-Approval of Congress.]—The Secretary of the Interior is hereby authorized and directed to adjust or eliminate reimbursable charges of the Government of the United States existing as debts against individual Indians or tribes of Indians in such a way as shall be equitable and just in consideration of all the circumstances under which such charges were made: Provided, That the collection of all construction costs against any Indian owned lands within any Government irrigation project is hereby deferred, and no assessments shall be made on behalf of such charges against such lands until the Indian title thereto shall have been extinguished, and any construction assessments heretofore levied against such lands in accordance with the provisions of the Act of February 14, 1920 (41 Stat. L. 409), and uncollected, are hereby canceled: Provided further, That a report shall be made to Congress annually, on the first Monday in December, showing adjustments so made during the preceding fiscal year: Provided further, That any proceedings hereunder shall not be effective until approved by Congress unless Congress shall have failed to act favorably or unfavorably thereon by concurrent resolution within sixty legislative days after the filing of said report, in which case they shall become effective at the termination of the said sixty legislative days. (47 Stat. 564; 25 U.S.C. § 386a) EXPLANATORY NOTES Reference in the Text. The Act of February 14, 1920 (41 Stat. L. 409), referred to in the text, is the Bureau of Indian Affairs Appropriation Act for the fiscal year ending June 30, 1921. It included appropriations for irrigation projects on Indian reservations, which appropriations were to be reimbursed to the Government. Cross Reference, Phipps Act. The Act of 1. Application May 9, 1924, 43 Stat. 116, popularly known as the Phipps Act, is an act for the relief of Indian water users. The Act appears herein in chronological order. Legislative History. H.R. 10884, Public Law 240 in the 72nd Congress. H.R. Rept. No. 951. S. Rept. No. 752. H.R. Rept. No. 1725 (conference report). NOTES OF OPINIONS The reference in the first proviso to any "Government irrigation project" should be construed as applying only to a Government Indian irrigation project, and does not include reclamation projects. Solicitor Finney Opinion, 54 İ.D. 90 (1932.) The provision in subsection 9(c) of the Flood Control Act of 1944 that "irrigation of Indian trust and tribal lands, and repayment therefor, shall be in accordance with the laws relating to Indian lands," extends the Leavitt Act to all such Indian lands irrigated under the Missouri River Basin project. Memorandum of Associate Solicitor Hogan, June 26, 1964, in re definite plan report for Tower, Greenwood, and Yankton units. Section 4(d) of the Colorado River Storage Project Act extends the Leavitt Act to all participating projects. The Leavitt Act therefore applies to Pueblo Indian lands in the Middle Rio Grande Conservancy District served by the San Juan-Chama project; and the fact that section 2 of the |