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as if they had been offered for sale on a competitive market without limitation on use during the interval between the adjournment of the Eightyfifth Congress and the termination date specified in section 564e (b) of this section. This value shall be known as the realization value. If the three appraisers are not able to agree on the realization value of such forest units and marsh lands, then such realization values shall be determined by averaging the values estimated by each appraiser. The Secretary shall report such realization values to the chairman of the House Committee on Interior and Insular Affairs and to the chairman of the Senate Committee on Interior and Insular Affairs not later than January 15, 1959. No sale of forest units that comprise the Klamath Indian forest designated pursuant to subsection (a) of this section shall be made under the provisions of sections 564 to 564w-1 of this title prior to April 1, 1959.

(d) Unsold forest units and marsh lands; title after publication in Federal Register; aggregate realization value; appropriation.

If all of the forest units offered for sale in accordance with subsection (b) of this section are not sold before April 1, 1961, the Secretary of Agriculture shall publish in the Federal Register a proclamation taking title in the name of the United States to as many of the unsold units or parts thereof as have, together with the Klamath Marsh lands acquired pursuant to subsection (f) of the section, an aggregate realization value of not to exceed $90,000,000, which shall be the maximum amount payable for lands acquired by the United States pursuant to sections 564 to 564w-1 of this title. Compensation for the forest lands so taken shall be the realization value of the lands determined as provided in subsection (c) of this section, unless a different amount is provided by law enacted prior to the proclamation of the Secretary of Agriculture. Appropriation of funds for that purpose is authorized. Payment shall be made as soon as possible after the proclamation of the Secretary of Agriculture. Such lands shall become national forest lands subject to the laws that are applicable to lands acquired pursuant to sections 480, 500, 513 to 519, 521, 552, and 563 of Title 16. Any of the forest units that are offered for sale and that are not sold or taken pursuant to subsection (b) or (d) of this section shall be subject to sale without limitation on use in accordance with the provisions of section 564d of this title.

(e) Sale of retained lands to Secretary of Agriculture.

If at any time any of the tribal lands that comprise the Klamath Indian Forest and that are retained by the tribe are offered for sale other than to members of the tribe, such lands shall first be offered for sale to the Secretary of Agriculture, who shall be given a period of twelve months after the date of each such offer within which to purchase such lands. No such lands shall be sold at a price below the price at which they have been offered for sale to the Secretary of Agriculture,

and if such lands are reoffered for sale they shall first be reoffered to the Secretary of Agriculture. The Secretary of Agriculture is authorized to purchase such lands subject to such terms and conditions as to the use thereof as he may deem appropriate, and any lands so acquired shall thereupon become national forest lands subject to the laws that are applicable to lands acquired pursuant to sections 480, 500, 513 to 519, 521, 552, and 563 of Title 16.

(f) Klamath Forest National Wildlife Refuge; appropriation.

The lands that comprise the Klamath Marsh shall be a part of the property selected for sale pursuant to section 564d (a) (3) of this title to pay members who withdraw from the tribe. Title to such lands is taken in the name of the United States, effective the earliest date after September 30, 1959, when the Secretary of the Interior determines that funds for the payment of the purchase price are available from the sale of stamps under the Migratory Bird Hunting Stamp Act of March 16, 1934, as amended. Such lands are designated as the Klamath Forest National Wildlife Refuge, which shall be administered in accordance with the law applicable to areas acquired pursuant to section 718d of Title 16, as amended or supplemented. Compensation for said taking shall be the realization value of the lands determined in accordance with subsection (c) of this section, and shall be paid out of funds in the Treasury of the United States, which are authorized to be appropriated for that purpose.

(g) Homesites.

Any person whose name appears on the final role of the tribe, and who has since December 31, 1956, continuously resided on any lands taken by the United States by subsections (d) and (f) of this section, shall be entitled to occupy and use as a homesite for his lifetime a reasonable acreage of such lands, as determined by the Secretary of Agriculture, subject to such regulations as the Secretary of Agriculture may issue to safe.. guard the administration of the national forest and as the Secretary of the Interior may issue to safeguard the administration of the Klamath Forest National Wildlife Refuge.

(h) Administration of outstanding timber sales con

tracts.

If title to any of the lands comprising the Klamath Indian Forest is taken by the United States, the administration of any outstanding timber sales contracts thereon entered into by the Secretary of the Interior as trustee for the Klamath Indians shall be administered by the Secretary of Agriculture.

(i) Right of United States to use roads.

All sales of tribal lands pursuant to subsection (b) of this section or pursuant to section 564d of this title on which roads are located shall be made subject to the right of the United States

and its assigns to maintain and use such roads. (Aug. 13, 1954, ch. 732, § 8, as added Aug. 23, 1958, Pub L. 85-731, § 1, 72 Stat. 816, and amended Sept. 9, 1959, Pub. L. 86-247, 73 Stat. 477.)

REFERENCES IN TEXT

The adjournment of the Eighty-fifth Congress, referred to in subsec. (c) of this section, took place on Aug. 24, 1958.

Migratory Bird Hunting Stamp Act of March 16, 1934, as amended. referred to in subsec. (f), is classified to

sections 718-718b, 718c-718h of Title 16, Conservation.

AMENDMENTS

1959-Subsec. (f). Pub. L. 86-247 changed the date for the Federal acquisition of the Klamath Indian Marsh from April 1, 1961, to the earliest date after September 30, 1959, that funds are available to pay for the property from the sale of stamps.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564, 564a, 564b, 564d, 5641, 564), 5641, 564m, 564n, 5640, 564p, 564q, 564г, 564s, 564t, 564u, 564v, 564x of this title.

22. Okefenokee National Wildlife Refuge Act of July 26, 1956, P.L. 84-810 (70 Stat. 668)

AN ACT

To provide for the protection of the Okefenokee National Wildlife Refuge, Georgia, against damage from fire and drought.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) for the purpose of protecting the natural features and the very substantial public values represented in the Okefenokee National Wildlife Refuge, Georgia, from disastrous fires such as those which swept over 80 per centum of the area between October 1954 and June 1955, and for the purpose of safeguarding the forest resources on more than four hundred thousand acres of adjoining lands recently damaged by wildfires originating in or sustained by the desiccated peat deposits in the Okefenokee Swamp, the Secretary of the Interior shall construct a continuous perimeter road around the Okefenokee National Wildlife Refuge with additional fire access roads (leading from such perimeter road) in and around such refuge; and for the purpose of protecting such refuge against damage from drought he shall construct a sill and dike in the Suwanee River near the point where the river leaves the refuge together with additional sills in the Old Saint Marys River Canal and at such other points within the refuge as he may determine to be necessary to prevent drainage of the Okefenokee Swamp

during periods of drought such as those which occurred in 1953-1955 and other years.

(b) The Secretary of the Interior is authorized and directed to conduct such surveys as he deems necessary to provide more adequate protection for the Okefenokee National Wildlife Refuge, through the development and construction of perimeter and fire access roads and the installation of water controls as described in subsection (a), against the damaging effects of fire and drought.

(c) The Secretary of the Interior is authorized and directed to cooperate with State and local authorities in protecting public and private lands from wildfires originating in or sustained by the Okefenokee National Wildlife Refuge by integrating the perimeter road and fire access roads with existing woods roads in such manner as he determines will best carry out the purpose of this Act.

SEC. 2. There are hereby authorized to be appropriated to carry out this Act (1) the sum of $453,500 for the construction of a continuous perimeter road around the Okefenokee National Wildlife Refuge and approximately one hundred and sixty-two miles of fire access roads, together with necessary bridges and culverts, in and around such refuge, and (2) the sum of $275,000 for the construction of a sill and dike in the Suwanee River and sills at other appropriate points in the Okefenokee National Wildlife Refuge. Approved July 26, 1956.

23. Parker River National Wildlife Refuge Act of June 3, 1948, P.L. 80-579 (62 Stat. 293-4)

AN ACT

To reduce in area the Parker River National Wildlife Refuge in Essex County, Massachusetts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Parker River National Wildlife Refuge in Essex County, Massachusetts, is hereby reduced in area by eliminating therefrom those portions of the refuge designated and known as the Crane Pond, Downfall, and Mill Creek Areas, and the Secretary of the Interior is authorized and

directed to dispose of all of the interests of the United States in such areas in accordance with the provisions of this Act.

SEC. 2. (a) Within ninety days following the date of enactment of this Act, the Secretary of the Interior shall mail, to each prior owner of such lands within the three areas designated in section 1 as have been acquired by the United States by direct purchase or the ownership of which has been determined and compensation therefor paid to the prior owner thereof in the condemnation proceeding entitled "United States v. 12,367.47 Acres More or Less of Land Situate in Essex County, Massa

chusetts, Civil No. 7010, in the District Court of the United States for the District of Massachusetts", or in any other condemnation proceeding instituted by the United States for the acquisition of lands for the Parker River National Wildlife Refuge, a notice stating in effect that title to the lands acquired from such prior owner will be reconveyed to that prior owner upon payment to the United States, within sixty days after the receipt of such notice, of an amount equal to the purchase price paid by the United States for such lands. Upon receipt of payment from the prior owner of the lands in question, the Secretary of the Interior shall convey all right, title, and interest of the United States in such land to the prior owner thereof.

(b) With respect to such other lands as lie within the three areas designated in section 1 and are included in the condemnation proceeding or proceedings referred to, and compensation for the taking of which has not been paid to the prior owners thereof, the Attorney General of the United States is authorized and directed to exclude the same from the condemnation proceedings entitled "United States v. 12,367.47 Acres More or Less of Land Situate in Essex County, Massachusetts, Civil No. 7010, in the District Court of the United States for the District of Massachusetts", or any other condemnation proceeding instituted by the United States for the acquisition of lands for the Parker River National Wildlife Refuge, in accordance with the provisions of the Act of October 21, 1942 (56 Stat. 797; 40 U.S.C., Supp. 258f), within ninety days following the date of enactment of this Act or within such additional period as the court in such proceeding may determine to be necessary to effectuate the purposes of this Act.

(c) Such lands lying within the boundaries of the areas designated in section 1, the title to which cannot be returned to the prior owners thereof in accordance with the provisions of this section,

shall be disposed of in such manner and at such prices as the Secretary of the Interior may deem to be in the best interests of the United States.

SEC. 3. All moneys paid to the United States in accordance with the provisions of section 2, for the reconveyance of lands to prior owners or in connection with the disposition of such lands as provided therein, all moneys on deposit with the District Court of the United States for the District of Massachusetts for payment as compensation for the taking of lands within the three areas designated in section 1 as are excluded by stipulation from such condemnation proceeding or proceedings, in accordance with the provisions of section 2, shall be credited to the then current appropriation for carrying out the provisions of section 4 of the Act of March 16, 1934 (48 Stat. 451; 16 U.S.C. 718-718h), as amended, shall remain available for such purposes until expended.

SEC. 4. In the administration of the Parker River National Wildlife Refuge, the Secretary of the Interior is directed to provide assistance to and cooperate with Federal, State, and public or private agencies and organizations in protecting, developing, and maintaining the edible clam resources found within and adjacent to the Parker River National Wildlife Refuge, all in accordance with the provisions of section 1 of the Act of August 14, 1946 (Public Law Numbered 732, Seventy-ninth Congress, second session), and Acts supplementary thereto within the limits of available appropriations.

SEC. 5. Management and administration of the propagation and taking of clams within the boundaries of the Parker River National Wildlife Refuge shall continue to be exercised in accordance with State and local laws and ordinances, but subject to the provisions of section 10 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222), as amended.

Approved June 3, 1948.

69-254 O - 72 - 8

OCEANOGRAPHY LEGISLATION

1. Coast and Geodetic Survey

§ 883a. Surveys and other activities.

33 U.S.C. 883a-888

To provide charts and related information for the safe navigation of marine and air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Director of the Coast and Geodetic Survey, hereinafter referred to as the Director, under direction of the Secretary of Commerce, is authorized to conduct the following activities:

(1) Hydrographic and topographic surveys; (2) Tide and current observations;

(3) Geodetic-control surveys;

(4) Field surveys for aeronautical charts;

(5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for the determination of variation in latitude and longitude. (Aug. 6, 1947, ch. 504, § 1, 61 Stat. 787; Apr. 5, 1960, Pub. L. 86-409, 74 Stat. 16.)

AMENDMENTS

1960-Pub. L. 86-409 eliminated provisions which restricted the Coast and Geodetic Survey in the conduct of its specified activities to the United States, its Territories and possessions, and which restricted hydrographic and topographic surveys to surveys of coastal water and land areas (including offlying islands, banks, shoals, and other offshore areas), and to surveys of lakes, rivers, reservoirs, and other inland waters not otherwise provided for by statute.

TRANSFER OF FUNCTIONS

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The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

The Coast and Geodetic Survey was consolidated with the Weather Bureau of the Department of Commerce to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration and the offices of Director and Deputy Director of the Coast and Geodetic Survey were abolished by Reorg. Plan. No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. All functions of the Survey, the Director of the Survey, and the officers, employees, and organizational entities of the Survey were transferred to the Secretary of Commerce and all personnel (including commissioned officers) and property of the Survey, not already transferred by 1950 Reorg. Plan No. 5, were deemed transferred to the Administration.

The functions of all officers of the Department of Commerce and all functions of all officers and employees of such Department, were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. The Coast and Geodetic Survey, referred to in this section, was an agency within the Department of Commerce. § 883b. Dissemination of data; further activities.

In order that full public benefit may be derived from the operations of the Coast and Geodetic Survey by the dissemination of data resulting from the activities herein authorized and of related data from other sources, the Director is authorized to conduct the following activities:

(1) Analysis and prediction of tide and current data;

(2) Processing and publication of data, information, compilations, and reports;

(3) Compilation and printing of aeronautical charts of the United States, its Territories, and possessions; and, in addition, the compilation and printing of such aeronautical charts covering international airways as are required primarily by United States Civil aviation;

(4) Compilation and printing of nautical charts of the United States, its Territories, and possessions;

(5) Distribution of aeronautical charts and related navigational publications required by United States civil aviation;

(6) Distribution of nautical charts and related navigational publications for the United States, its Territories, and possessions.

(Aug. 6, 1947, ch. 504, § 2, 61 Stat. 787.)

TRANSFER OF FUNCTIONS

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. —, set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

The Coast and Geodetic Survey was consolidated with the Weather Bureau of the Department of Commerce to form a new agency in the Department of Commerce to be known as the Environmental Science Services Adminis

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