588 RELINQUISHMENT OF LANDS ON BLACKFEET INDIAN RESERVATION An act to authorize the Secretary of the Interior to relinquish in favor of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, the interest in certain land acquired by the United States under the Federal Reclamation Laws. (Act of August 28, 1937, ch. 868, 50 Stat. 864) [Sec. 1. Authorizing relinquishment to Indians upon repayment to Reclamation Fund-Necessary easements and rights reserved.]-The Secretary of the Interior is hereby authorized to relinquish in favor of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, the interest acquired by the United States for Federal reclamation purposes in the lands within the exterior boundaries of the present Blackfeet Indian Reservation, that were acquired for Federal reclamation purposes and are determined in the opinion of said Secretary not to be needed for such purposes. Such relinquishment shall be conditioned upon the repayment into the reclamation fund of a sum equal to the amount taken therefrom for the purchase of the lands so relinquished, including the amounts paid for the benefit of allottees where the land acquired for Federal reclamation purposes was allotted land. Upon such relinquishment and payment being made, the title to said lands shall be and remain in the United States in trust for the Indians of the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana: Provided, That in making such relinquishments the Secretary may reserve for Federal reclamation purposes such easements and rights as in his opinon may be required for present or future developments under the Federal reclamation laws, and the amount payable into the reclamation fund on account of such relinquishment shall be reduced by the value of the easements and rights so retained for Federal reclamation purposes, such value to be conclusively ascertained by said Secretary: Provided further, That no relinquishments herein authorized shall be effective unless approved in writing by the Blackfeet Tribal Council. (50 Stat. 864) Sec. 2. [Expenditures by the Secretary authorized.]-The Secretary of the Interior is hereby authorized to expend from any moneys on deposit in the Treasury of the United States to the credit of the Blackfeet Indians not to exceed $30,000 for the purpose of carrying out the purposes of this Act. (50 Stat. 864) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 2774, Public Law 397 in the 75th Congress. S. Rept. No. 950. H.R. Rept. No. 1544. 589 WAPATO INDIAN IRRIGATION PROJECT An act amending acts fixing the rate of payment of irrigation construction costs on the Wapato Indian irrigation project, Yakima, Washington, and for other purposes. (Act of February 24, 1938, ch. 33, 52 Stat. 80) [Sec. 1. Assessment rate amended.]—So much of the Act approved February 14, 1920 (41 Stat. 431), as amended by the Act approved May 25, 1922 (42 Stat. L. 595 and 596), as fixes the annual rate of payment of irrigation construction costs or assessments on the Wapato Indian irrigation project on the Yakima Reservation in the State of Washington is hereby amended so as to fix the peracre per-annum assessment rate at $1.25 against those lands classed as A or B which are subject to construction assessments pursuant to existing law. Such rate is to take effect immediately upon approval of this Act and shall continue until the total cost assessable under existing law against such of the A and B lands shall have been repaid. (52 Stat. 80) Sec. 2. [Annual repayment schedule modified.]-The Secretary of the Interior is hereby authorized and directed to modify the annual repayment schedule set forth in the memorandum agreement of March 9, 1921, approved March 31, 1921, as amended, wherein provision is made among other things for payment of the actual cost of the two hundred and fifty thousand acre feet of water for certain of the lands under the Wapato Indian irrigation project so as to extend payment of the balance of the cost of such water over a twenty-four year period commencing with the payment due December 31, 1937. (52 Stat. 80) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Background. The Wapato Indian Irrigation project, Yakima, Washington, is one of seven divisions of the Yakima project. The Wapato project (or division) is operated by the Bureau of Indian Affairs, but receives its water supply from the Yakima project. References in the Text. That portion of the Act approved February 14, 1920 (41 Stat. 431), as amended by the Act approved May 25, 1922, (42 Stat. L. 595 and 596), referred to in the text, authorizes the Secretary of the Interior to collect $2.50 per acre from non-Indian landowners on or before December 31 of each calendar year for each acre of land to which water for irriga tion purposes is delivered under the Wapato irrigation and drainage system. Such sums, and any collected from Indian allottees, shall be available for expenditure under the direction of the Secretary for continuing construction on said system. Cross Reference: Appropriation for Additional Water, Wapato Project. The Act of July 1, 1940, 54 Stat. 707, authorizes an appropriation of $800,000 to be credited to the reclamation fund for payment of the cost of providing additional water for the Wapato Indian irrigation project. The 1940 Act appears herein in chronological order. Legislative History. S. 558, Public Law 433 in the 75th Congress. S. Rept. No. 949. H.R. Rept. No. 1501. 590 RED RIVER OF THE NORTH COMPACT An act consenting to an interstate compact between the States of Minnesota, South Dakota, and North Dakota relating to the utilization of, the control of the floods of, and the prevention of the pollution of the waters of the Red River of the North and streams tributary thereto. (Act of April 2, 1938, ch. 59, 52 Stat. 150) [Sec. 1. Consent of Congress to the Compact.]-The consent of Congress is hereby given to the compact and agreement set forth below: Provided, That nothing therein contained shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the Red River of the North and streams tributary thereto, or in regard to any of the matters covered by the said compact: "A COMPACT Between the State of South Dakota, the State of "This compact made and entered into by and between the State of South Dakota, the State of North Dakota and the State of Minnesota, Witnesseth: "Whereas, the Red River of the North, which has its source in the State of South Dakota, and which flows northward, forming the boundary line between the State of Minnesota and the State of North Dakota, has a drainage area which includes a portion of all three states; and, "Whereas, the surface waters in said drainage area, if properly conserved and regulated, will produce benefits common to all three of said states; and, "Whereas, the interests of the people of said three states will be best served by the organization of an interstate authority vested with sufficient power; and, "Whereas, all three states have mutual interests in the regulation and administration of said surface waters in said drainage area; and "Whereas, it is highly desirable that there be a single agency of all three of said states empowered to further the aforesaid regulation and administration of said surface waters in the interests of all of said states, "Now, Therefore, the State of South Dakota, the State of North Dakota and the State of Minnesota, do hereby solemnly covenant and agree, each with the other, as follows: "ARTICLE I "The following terms, whenever used in this agreement, shall have the following meanings, unless a different meaning clearly appears in the context: "(a) The term 'commission' shall mean the Tri-State Waters Commission, the corporation created by this agreement and the acts authorizing the same. "(b) The term 'acquire' shall mean and include construct, acquire by purchase, lease, devise, gift or the exercise of the rights of eminent domain, or any other mode of acquisition whatsoever. "(c) The term 'federal agency' shall mean and include the United States of America, the President of the United States of America, the Public Works Ad RED RIVER OF THE NORTH COMPACT 591 ministration, the Works Progress Administration, and any and every other authority, agency, or instrumentality of the United States of America heretofore or hereafter created or established. "(d) The term 'real property' shall mean and include lands, structures, franchises, and interests in land, including waters and riparian rights, and any and all things and rights usually included within the said term, and includes not only fees simple absolute but also any and all lesser interests, such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments, and every estate, interest or right, legal or equitable, including terms of years and liens thereon by way of judgments, mortgages or otherwise, and also claims for damages to real estate. "(e) The term 'drainage area' shall mean the area from which surface waters drain from the States of South Dakota, Minnesota and North Dakota into the Red River of the North. "ARTICLE II "Each of the States of North Dakota, South Dakota and Minnesota undertake to cooperate with the other two states for the most advantageous utilization of the waters of the Red River of the North, for the control of the flood waters of this river and for the prevention of the pollution of such waters. "ARTICLE III "To that end the said three states do hereby create a district to be known as the Tri-State Waters Area, which shall comprise that portion of the drainage basin of the Red River of the North lying within the boundaries of the said states. "ARTICLE IV "The said three states do hereby create the Tri-State Waters Commission, which shall be a body corporate and shall have the powers, duties and jurisdiction herein set forth and such other powers, duties and jurisdiction as shall hereafter be conferred upon it by acts of the legislatures of each of said three states concurred in, when of a character to require such concurrence, by act of Congress. "ARTICLE V "The Tri-State Waters Commission, hereafter in this compact called the Commission, shall consist of nine Commissioners, three from each state, appointed by each state in such manner and for such length of term as may be determined by the legislature thereof. Each Commissioner shall be a citizen of the state from which he is appointed, and at least one Commissioner from each state shall be a resident of the drainage area of the Red River of the North. Each Commissioner may be removed or suspended from office in such manner as shall be provided by the law of the state from which he shall be appointed. Each Commissioner shall receive such compensation as may be provided by the legislature of the state he represents, which compensation shall be paid by such state. Each 592 RED RIVER OF THE NORTH COMPACT Commisioner shall be paid actual expenses necessarily incurred in the performance of his duties as such Commissioner. "ARTICLE VI "The Commission shall elect from its number a chairman and vice-chairman and shall appoint and at its pleasure remove an executive secretary and such other officers and assistants as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation. "It shall adopt a seal and suitable by-laws and shall promulgate rules and regulations for its management and control. "A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any powers, or the performance of any duties, but no action of the Commission shall be binding unless at least two of the members from each state shall vote in favor thereof. “The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the Governor of each state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the said states which may be necessary to carry out the intent and purpose of this compact, and such changes in the area of the district as may seem desirable. "The Commission shall not incur any obligations for salaries, office, or other administrative expenses prior to the making of appropriation adequate to meet the same; nor shall the Commission pledge the credit of any of the said states except by and with the authority of the legislatures thereof. Each state reserves the right to provide hereafter by law for the examination and audit of the accounts of the Commission by its comptroller or other official. "The Commission shall meet and organize within thirty days after the effective date of this compact. "ARTICLE VII "It shall be the duty of the Commission to study the various water problems relating to water supply within the Tri-State Waters Area. "ARTICLE VIII "Plans for works on boundary waters in said drainage area prepared by the state, municipal or industrial agencies shall receive the approval of the Commission before construction is begun. "It shall be the duty of the Commission to maintain and control lake levels and stream flow on boundary waters within the area, but such action shall be taken only with the approval of the authorized county or state agencies, in which such lake or stream is located, but said Commission shall have no power or jurisdiction over water levels or stream flow in the Otter Tail River which |