LANDS INDIAN" ALLOTMENTS. 91 



A hydroelectric power company is not authorized to maintain or 

 operate any portion of its plant upon a National Forest without first 

 complying with the rules and regulations of the Secretary of the 

 Department of Agriculture relating to power permits where such 

 power plant was constructed upon lands of the United States subse- 

 quent to their withdrawal for National Forest purposes. (Decision 

 (unpublished) Judge Marshall, District of Utah, dated March 31, 

 1913, United States v. Beaver Eiver Power Co.) 



The authority of the Secretary of Agriculture to permit the use 

 of National Forest lands is not sufficient to authorize the construc- 

 tion of dams across navigable streams within National Forests. (Sol. 

 Op. in case Clarks Fork Power Co., Jan. 13, 1915.) 



Section 4 of the act of February 1, 1905 (33 Stat., 628) does not 

 vest the Secretary of the Interior with authority to grant rights of 

 way for transmission lines within, through, or across the National 

 Forests. (30 Op. Atty. Gen., 263.) _ 



Applications for revocable permits under the act of February 15, 

 1901 (31 Stat., 790), should be filed with and passed upon by the 

 Secretary of Agriculture when they relate to lands within the Na- 

 tional Forests. (30 Op. Atty. Gen., 263.) 



Section 4 of the act of February 1, 1905 (33 Stat., 628), authorizes 

 the acquisition of rights of way over National Forest lands for hydro- 

 electric development for municipal and mining purposes, and for the 

 milling and reduction of ores. (Op. Atty. Gen., Apr. 21, 1915.) 



Transmission lines, etc. 



The authority to grant 50-year easements for transmission and 

 other lines under the act of March 4, 1911 > (36 Stat., 1235), is vested 

 in the Secretary of Agriculture when and in so far as the lands to be 

 affected constitute portions of the National Forests. (29 Op. Atty. 

 Gen., 303.) 



A hydroelectric power company is not authorized by sections 2339 

 and 2340 of the Revised Statutes to maintain transmission lines, tele- 

 phone lines, tramways, or buildings upon National Forest lands with- 

 out first securing permission from the Secretary of Agriculture. 

 (Decision (unpublished) of Judge Marshall, district of Utah, dated 

 Mar. 31, 1913, in case of United States v. Utah Power & Light Co.) 



Telegraph lines. 



The act of July 24, 1866 (now Eev. Stat., sec. 5263), granting rights 

 of way for telegraph lines, does not apply to National Forest lands. 

 (1 Sol. Op., 266, 452.) 



INDIAN ALLOTMENTS IN NATIONAL FORESTS. 



Act. June 25, 1910 (36 Stat., 855). 



Sec. 31. That the Secretary of the Interior is hereby authorized, in 

 his discretion, to make allotments within the National Forests in con- 

 formity with the general allotment laws as amended by section [16] 

 of this act, to any Indian occupying, living on, or having improve- 

 ments on land included within any such National Forest who is not 

 entitled to an allotment on any existing Indian reservation, or for 

 whose tribe no reservation has been provided, or whose reservation 



