« ForrigeFortsett »
for the purposes of this Act, upon payment of any damages to crops, buildings, or other improvements caused thereby to the owner thereof, or upon giving a good and sufficient bond to the United States for the use and benefit of the owner to secure the payment of such damages as may be determined and fixed in an action brought upon the bond in a court of competent jurisdiction, said bond
to be in the form prescribed by the commission: Protions, etc., not rided, That locations, entries, selections, or filings hereimpaired.
tofore made for lands reserved as water-power sites or in connection with water-power development or electrical transmission may proceed to approval or patent under and subject to the limitations and conditions in this
section contained. Penalty for vio
Sec. 25. That any licensee, or any person, who shall lations by licen
willfully fail or who shall refuse to comply with any of the provisions of this Act, or with any of the conditions made a part of any license issued hereunder, or with any subpæna of the commission, or with any regulation or lawful order of the commission, or of the Secretary of War, or of the Secretary of Commerce as to fishways, issued or made in accordance with the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall, in the discretion of the court,
be punished by a fine of not exceeding $1,000, in addiContinuing of- tion to other penalties herein prescribed or provided by
law; and every month any such licensee or any such person shall remain in default after written notice from the commission, or from the Secretary of War, or from the Secretary of Commerce, shall be deemed a new and
separate offense punishable as a foresaid. Equity proceed- Sec. 26. That 'the Attorney General may, on request ings for revoking
of the commission or of the Secretary of War, institute proceedings in equity in the district court of the United States in the district in which any project or part thereof is situated for the purpose of revoking for violation
of its terms any permit or license issued hereunder, or Correcting vio. for the purpose of remedying or correcting by injunciations.
tion, mandamus, or other process any act of commission or omission in violation of the provisions of this
Act or of any lawful regulation or order promulgated Jurisdiction of hereunder. The district courts shall have jurisdiction district courts.
over all of the above-mentioned proceedings and shall have power to issue and execute all necessary process and to make and enforce all writs, orders, and decrees to compel compliance with the lawful orders and regulations of the commission and of the Secretary of War, and to
compel the performance of any condition imposed under Sale, etc., on the provisions of this Act. In the event a decree revok
ing a license is entered, the court is empowered to sell the whole or any part of the project or projects under license, to wind up the business of suchi licensee conducted in connection with such project or projects, to
Decreation of li(tnse.
United States the
gation, etc., laws
distribute the proceeds to the parties entitled to the same, and to make and enforce such further orders and decrees as equity and justice may require. At such sale or sales the vendee shall take the rights and privileges Rights, et., to belonging to the licensee and shall perform the duties of such licensee and assume all outstanding obligations and liabilities of the licensee which the court may deem equitable in the premises; and at such sale or sales the Payment if United States may become a purchaser, but it shall not purchaser. be required to pay a greater amount than it would be required to pay under the provisions of section 14 hereof at the termination of the license. Sec. 27. That nothing herein contained shall be con
State irrigastrued as affecting or intending to affect or in any way not affected. to interfere with the laws of the respective States relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired therein.
Sec. 28. That the right to alter, amend, or repeal this Amendiments, Act is hereby expressly reserved; but no such alteration, 9. Protection of amendment, or repeal shall affect any license theretofore licenses. issued under the provisions of this Act, or the rights of any licensee thereunder.
SEC. 29. That all Acts or parts of Acts inconsistent Inconsistent with this Act are hereby repealed: Provided, That nothing herein contained shall be held or construed to water supply not modify or repeal any of the provisions of the Act of affected, Congress approved December 19, 1913, granting certain rights of way to the city and county of San Francisco, in the State of California: Provided further. That sec- Commission abol tion 18 of an Act making appropriations for the con- ished. struction, repair, and preservation of certain public repealed. works on rivers and harbors, and for other purposes, approved August 8, 1917, is hereby repealed.
Sec. 30. That the short title of this Act shall be “ The Federal Water Power Act."
Approved, June 10, 1920 (41 Stat. 1063).
Vol. 38, 242.
Vol. 40, p. 269,
Title of act. Concurrent Res. olution, p. 9.
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemvled, That hereafter no permit, license. lease, or authorization for dams, conduits, reservoirs, power houses, No permits for transmission lines, or other works for storage or carriage national parks or of water, or for the development, transmission, or utili- monuments with zation of power, within the limits as now constituted of thority of any national park or national monument shall be granted
Federal Water Power Act.
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, Authority for 1917, and for other purposes," approved June 10, 1920,
as authorizes licensing such uses of existing national 2d sess., p. 1063. parks and national monuments by the Federal Power
Commission is hereby repealed.
Approved, March 3, 1921 (41 Stat. 1353).
An Act Providing for the discovery, development, and protection of
streams, springs, and water holes in the desert and arid public lands of the United States, for rendering the same more readily accessible, and for the establishment of and mainteance of signboards and monuments locating the same.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and empowered, in his discretion in so far as the authorization made herein will permit, to discover, develop, protect, and render more accessible for Development of the benefit of the general public, springs, streams, and public holesteron water holes on arid public lands of the United States; and in connection therewith to erect and maintain suitable and durable monuments and signboards at proper Erection of places and intervals along and near the accustomed lines signboards. of travel and over the general area of said desert lands, containing information and directions as to the location and nature of said springs, streams, and water holes, to the end that the same may be more readily traced and found by persons in search or need thereof; also to provide convenient and ready means, apparatus, and appli- i Means of utiances by which water may be brought to the earth's surface at said water holes for the use of such persons; also to prepare and distribute suitable maps, reports, and information. general information relating to said springs, streams, and water holes, and their specific location with reference to lines of travel.
Sec. 2. That to carry out the purposes of this Act the Expenditure expenditure of $10,000, or so much thereof as may be necessary, is hereby authorized.
Sec. 3. That whoever shall willfully or maliciously in- Punishment for jure, destroy, deface, or remove any of said monuments juries. or signposts, or shall willfully or maliciously fill up, render foul, or in anywise destroy or impair the utility of said springs, streams, or water holes, or shall willfully or maliciously interfere with said monuments, signposts, streams, springs, or water holes, or the purposes for which they are maintained and used, shall be fined not more than $1,000 or imprisoned not more than three years, or both.
SEC. 4. That the Secretary of the Interior is hereby Regulations. authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this Act into full force and effect. Approved, August 21, 1916 (39 Stat. 518). 36039-23 42
WITHDRAWALS AND RESTORATIONS.
Page 634 655
Act of June 8, 1906--National monuments..
purposes–Certain rights not affected------
615 656 657 658
An Act For the preservation of American antiquities.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemAmerican an. bled, That any person who shall appropriate, excavate, tiquities. Penalty for un.
injure, or destroy any historic or prehistoric ruin or authorized exca- monument, or any object of antiquity, situated on lands vations.
owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and
imprisonment, in the discretion of the court. Setting a part SEC. 2. That the President of the United States is of historic, etc., lands.
hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the
proper care and management of the objects to be proRelinquishment tected: Provided, That when such objects are situated of private claims.
upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of 'such tracts
in behalf of the Government of the United States. Permits for ex: SEC. 3. That permits for the examination of ruins, cavations, etc.
the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secre