DEPARTMENT OF THE INTERIOR, COMMISSIONER OF INDIAN AFFAIRS. SIR: With reference to the Flathead Indian Reservation, the following resume is offered: On April 8, 1907, the Acting Commissioner of Indian Affairs submitted a general statement indicating the Indian reservations where irrigation is being conducted, the conditions as regards future allotments of the lands, and among other items, provisionally allotted $3,000 for surveys and examinations. On April 26, 1907, the Acting Commissioner called attention to previous correspondence on the subject with the U.S. Indian agencies at the Flathead Agency and others and transmitted the reports of Engineer Young, dated December 10, 1902, and December 23, 1902. In that letter he stated as follows: In view of the various reports in the matter of an irrigation system for this reservation, it is considered desirable that the Reclamation Service cause a preliminary investigation to be made which will enable this office to recommend, etc. The matter was informally discussed with Chief Engineer Code and the reservation was visited by Secretary and at the same time by Mr. F. H. Newell, Director, and Mr. H. N. Savage, supervising engineer of the Reclamation Service. As a result of these informal conferences engineering parties were placed in the field, early in July, under Mr. Robert S. Stockton, engineer, located at Huntley, Montana. On August 16 the Director of the Reclamation Service wrote to the Commissioner of Indian Affairs from Deerfield, Kansas, calling attention to the fact that he had made a reconnaissance of the reservation and, with the informal authority of the Secretary of the Interior, had put parties in the field. Owing to the absence of Mr. Newell, Commissioner Luepp and others, the matter was not put in formal shape otherwise than in the letter of August 16. No reply was received to this letter. The field surveys on this reservation have been nearly completed. The office compilation and plats showing the outline of possible development are now being worked up at the Huntley, Montana, office. Very respectfully, (Signed) CHAS. D. WALCOTT, Director. PROVISIONS OF INDIAN DEPARTMENT [Extracts from] An act making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and nine. (Act of April 30, 1908, 35 Stat. 70, Public Law 104, 60th Cong., 1st sess.) That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and in full compensation for all offices the salaries for which are specially provided for herein for the service of the fiscal year ending June thirtieth, nineteen hundred and nine, namely: For preliminary surveys, plans, and estimates of irrigating systems to irrigate the allotted lands of the Indians of the Flathead Reservation in Montana and the unallotted irrigable lands to be disposed of under the act of April twenty-third, nineteen hundred and four, entitled "An Act for the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation in the State of Montana, and the sale and disposal of all surplus lands after allotment," and to begin the construction of the same, fifty thousand dollars, the cost of said entire work to be reimbursed from the proceeds of the sale of the lands within said reservation. That in carrying out any irrigation project which may be undertaken under the provisions of the act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as the reclamation Act, and which may make possible, and provide for, in connection with the reclamation of other lands, the irrigation of all or any part of the irrigable lands heretofore included in allotments made to Indians under the fourth section of the general allotment Act, the Secretary of the Interior be, and he hereby is, authorized to make such arrangement and agreement in reference thereto as said Secretary deems for the best interest of the Indians: Provided, That no lien or charge for construction, operation or maintenance shall thereby be created against any such reserved lands: And provided further, That to meet the necessary cost of carrying out this legislation, the Secretary of the Interior is authorized to expend, out of the sum appropriated in this Act for irrigation, an amount not exceeding thirteen thousand dollars. UNITED STATES DEPARTMENT OF THE INTERIOR, January 12, 1924. THE SECRETARY OF THE INTERIOR, (Through the Commissioner of Indian Affairs). MY DEAR MR. SECRETARY: Pursuant to your request, there is transmitted herewith an order for the transfer of the Flathead Indian irrigation project in Montana from the Bureau of Reclamation to the Bureau of Indian Affairs. Respectfully, (Signed) OTTAMAR HAMELE, Acting Commissioner. I concur: (Signed) CHAS. H. BURKE, Commissioner of Indian Affairs. Approved January 15, 1924. Secretary. January 15, 1924. ORDER As soon as practicable, but prior to the opening of the irrigation season of this year, the operation and maintenance of the irrigation system of the Flathead Indian Reservation, Montana, now in charge of the Bureau of Reclamation, shall be turned over to the Bureau of Indian Affairs and be administered under its sole supervision. Construction now underway shall continue under the Bureau of Reclamation until such time as it may be practicable to turn over the work to the Bureau of Indian Affairs, not later than December 31, 1924. Appropriate arrangements regarding the transfer of construction work, funds, property, records, etc., shall be made by the representatives of the two Bureaus, duly authorized by the Commissioners thereof. (Signed) HUBERT WORK, Secretary. FORT PECK PROJECT MONTANA-NORTH DAKOTA The Fort Peck Dam was authorized for construction by the Corps of Engineers by the act of August 30, 1935 (49 Stat. 1028, 1034). The act of May 18, 1938 (52 Stat. 403), provided that the Secretary of War was responsible for completion of the dam and power plant and the Bureau of Reclamation was responsible for construction and operation of facilities for transmitting and marketing electric energy. RIVERS AND HARBORS ACT, 1936 [Extract from] An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Act of August 30, 1935, 49 Stat. 1028, 1034, Public Law 409, 74th Cong., 1st sess.) * * * That the following works of improvement of rivers, harbors, and other waterways are hereby adopted and authorized, to be prosecuted under the direction of the Secretary of War and supervision of the Chief of Engineers, in accordance with the plans recommended in the respective reports hereinafter designated and subject to the conditions set forth in such documents; and that hereafter Federal investigations and improvements of rivers, harbors, and other waterways shall be under the jurisdiction of and shall be prosecuted by the War Department under the direction of the Secretary of War and the supervision of the Chief of Engineers, except as otherwise specifically provided by Act of Congress: Missouri River, completion of improvement from mouth to Sioux City, Iowa, and construction of Fort Peck Dam; House Document Numbered 238, Seventy-third Congress. COMPLETION OF FORT PECK PROJECT [Extracts from] An act to authorize the completion, maintenance, and operation of the Fort Peck project for navigation, and for other purposes. (Act of May 18, 1938, 52 Stat., 403, Public Law 529, 75th Cong., 3d sess.) ** *That for the purpose of improving navigation on the Missouri River, and for other purposes incidental thereto, the dam and appurtenant works now under construction at Fort Peck, Montana, and a suitable power plant for the production of hydroelectric power (which dam, power plant, and appurtenant works are hereinafter called Fort Peck project), shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of this Act relating to the powers and duties of the Bureau of Reclamation (hereinafter called the Bureau), as provided for in section 2 (a), respecting the transmission and sale of electric energy generated at said project. The Secretary of War shall provide, construct, operate, maintain, and improve at Fort Peck project such machinery, equipment, and facilities for the generation of electric energy as the Bureau may deem necessary to develop such electric energy as rapidly as markets may be found therefor. The electric energy thus generated and not required for the operation of the dam at such project and the navigation facilities employed in connection therewith shall be delivered to the Bureau for disposition as provided in this Act. SEC. 2. (a) The electric energy generated in the operation of the said Fort Peck project shall be disposed of by the Bureau as hereinafter provided. The Bureau shall exercise the powers and perform the duties provided for in this Act under the supervision and direction of the Secretary of the Interior in accordance with the Act of May 26, 1926 (44 Stat. 657). The Bureau shall, as hereinafter provided, make all arrangements for the sale and disposition of electric energy generated at the Fort Peck project not required for the operation of the dam at such project and the navigation facilities employed in connection therewith. The form of administration herein established for the Fort Peck project is intended to be provisional pending the establishment of a permanent administration for Fort Peck and other projects in the Missouri River Basin. The Secretary of War shall install and maintain additional machinery, equipment, and facilities for the generation of electric energy at the Fort Peck project when in the judgment of the Bureau such additional generating facilities are desirable to meet actual or potential market requirements for such electric energy. The Secretary of War shall schedule the operations of the several electrical generating units and appurtenant equipment of the Fort Peck project in accordance with the re |