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August 14, 1946

(H. R. 6097) (Public Law 732]

60 Stat. 1080

Conservation of wildlife.

16 U.S. C. $$ 661-666.

waters.

retary and head of

To amend the Act of March 10, 1934, entitled “An Act to promote the conservation of

wildlife, fish, and game, 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 Act of
March 10, 1934 (48 Stat. 401), is hereby amended to read as follows:

“In order to promote effectual planning, development, maintenance, and coordination of wildlife conservation and rehabilitation in the

United States, its Territories and possessions, the Secretary of the Assistance to public Interior, through the Fish and Wildlife Service, is authorized (a) to and private agencies.

provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, in minimizing damages from overabundant species, in provid

ing public shooting areas, and in carrying out other measures necesSurveys, etc.

sary to effectuate the purposes of this Act; and (b) to make surveys and investigations of the wildlife of the public domain, including lands and waters or interests therein acquired or controlled by any agency

of the United States. Impoundment, etc., of "SEC. 2. Whenever the waters of any stream or other body of water

are authorized to be impounded, diverted, or otherwise controlled for any purpose whatever by any department or agency of the United States, or by any public or private agency under Federal permit, such department or agency first shall consult with the Fish and Wildlife Service and the head of the agency exercising administration over the wildlife resources of the State wherein the impoundment, diversion, or

other control facility is to be constructed with a view to preventing Reports, etc., of Sec loss of and damage to wildlife resources, and the reports and recom

mendations of the Secretary of the Interior and of the head of the agency exercising administration over the wildlife resources of the State, based on surveys and investigation conducted by the Fish and Wildlife Service and by the said head of the agency exercising administration over the wildlife resources of the State, for the purpose of determining the possible damage to wildlife resources and of the means and measures that should be adopted to prevent loss of and damage to wildlife resources, shall be made an integral part of any report submitted by any agency of the Federal Government responsible for engineering surveys and construction of such projects.

1“The cost of planning for and the construction or installation and Costs of planning, maintenance of any such means and measures shall be included in

and shall constitute an integral part of the costs of such projects: Provided, That, in the case of projects hereafter authorized to be

constructed, operated, and maintained in accordance with the Federal 5 U. S. C. $ 485; 43 reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts

amendatory thereof or supplementary thereto), the Secretary of the Interior shall, in addition to allocations to be made under section 9 of the Reclamation Project Act of 1939 (53 Stat. 1187), make findings on the part of the estimated cost of the project which can properly be allocated to the preservation and propagation of fish and wildlife, and costs allocated pursuant to such findings shall not be reimbursable. In the case of construction by a Federal agency, that agency is authorized to transfer, out of appropriations or other funds made available for surveying, engineering, or construction to the Fish and Wildlife Service, such funds as may be necessary to conduct the investigations

required by this section to be made by it. Provision for use of "SEC. 3. Whenever the waters of any stream or other body of water impounded waters, etc.

are impounded, diverted, or otherwise controlled for any purpose whatever by any department or agency of the United States, adequate

State agency.

11081

construction, etc.

Findings.

U.S. C. $ 411 et seq.

Ante, p. 867.

53 Stat. 1193.
43 U.S. C. $ 485h.

Transfer of funds.

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provision consistent with the primary purposes of such impoundment, diversion, or other control shall be made for the use thereof, together with any areas of land, or interest therein, acquired or administered in connection therewith, for the conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon. In accordance with general plans, covering the use of such waters and other interests for these purposes, approved jointly by the head of the department or agency exercising primary administration thereof, the Secretary of the Interior, and the head of the agency exercising administration over the wildlife resources of the State wherein the waters and areas lie, such waters and other interests shall be made available without cost for administration (a) by such State agency, if the management thereof for the conservation of wildlife relates to other than migratory birds; (b) by the Secretary of the Interior, if the waters and other interests have particular value in carrying out the national migratory bird management program.

"SEC. 4. Such areas as are made available to the Secretary of the Interior for the purposes of this Act under sections 1 and 3, or by any other law, proclamation, or Executive order, shall be administered directly or under cooperative agreements entered into pursuant to the provisions of section 1 by the Secretary of the Interior under such rules and regulations for the conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon, as may be adopted by him in accordance with general plans approved jointly by the Secretary of the Interior and the head of the department or agency exercising primary administration of such areas: Provided, That such rules and regulations shall not be inconsistent with the laws for the protection of fish and game of the States in which such area is situated.

“SEC. 5. The Secretary of the Interior, through the Fish and Wildlife Service and the Bureau of Mines, is authorized to make such investigations as he deems necessary to determine the effects of domestic sewage, mine, petroleum, and industrial wastes, erosion silt, and other polluting substances on wildlife, and to make reports to the Congress concerning such investigations and of recommendations for alleviating dangerous and undesirable effects of such pollution. These investigations shall include (1) the determination of standards of water quality for the maintenance of wildlife; (2) the Istudy of methods of abating and preventing pollution, including methods for the recovery of useful or marketable products and byproducts of wastes; and (3) the collation and distribution of data on the progress and results of such investigations for the use of Federal, State, municipal, and private agencies, individuals, organizations, or enterprises.

"SEC. 6. There is authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions of this Act and regulations made pursuant thereto, including the construction of such facilities, buildings, and other improvements necessary for economical administration of areas made available to the Secretary of the Interior under this Act, and the employment in the city of Washington and elsewhere of such persons and means as the Secretary of the Interior may deem necessary for such purposes.

"SEC. 7. Any person who shall violate any rule or regulation promulgated in accordance with this Act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than one year, or both

“SEC. 8. The terms 'wildlife' and 'wildlife resources' as used herein include birds, fishes, mammals, and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent.

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"SEC. 9. The provisions of this Act shall not apply to the Tennessee Valley Authority.”

Approved, August 14, 1946.

PRIVATE LAWS OF THE SEVENTY-NINTH CONGRESS,

SECOND SESSION, 1946 [CHAPTER 8]

AN ACT

February 13, 1946

(S. 480 Private Law 369)

60 Stat. 1106

Henry Keiser.

11107

To authorize the sale of the allotment of Henry Keiser on the Crow Indian

Reservation, Montana. 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 is hereby authorized, upon the application of Henry Keiser in writing, to offer for sale to the highest bidder, under such terms and conditions as the Secretary may prescribe, the allotment of Henry Keiser, Crow Indian allottee Numbered 3313, described as lots 11 and 12 of section 3, west half of section 10, township 2 south, range 30 east, and southwest quarter northwest quarter, northwest quarter southwest quarter, south half southwest quarter, and southeast quarter of section 1, township 8 south, range 37 east, principal meridian, Big Horn County, Montana, containing seven hundred and eighteen and seventy-five one hundredths acres: Provided, That such part of the proceeds received from the sale of said land as the i Secretary of the Interior may deem advisable shall be reinvested in other lands selected by said Henry Keiser, and such land so selected and purchased shall not be alienated or encumbered without the approval of the Secretary of the Interior and shall be nontaxable and such restrictions shall appear in the conveyance. The balance of such proceeds, if any, shall be deposited to the credit of Henry Keiser and shall be expended under individual Indian money regulations of the Department of the Interior.

Approved, February 13, 1946.
[CHAPTER 87]

AN ACT
Authorizing sale of the allotment of Le Roy Milliken on the Crow Indian Reservation,

Montana.
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 is hereby authorized, upon the application of Le Roy
Milliken in writing, to offer for sale to the highest bidder, upon such
terms and conditions as the Secretary may prescribe, the following-
described lands allotted to said LeRoy Milliken: The south half of the
south half of the north half of the northeast quarter, the south half of
the northeast quarter, the southeast quarter of the northwest
quarter, the east half of the southwest quarter, and the southeast
quarter, of section 24, township 5 south, range 26 east, the north half
of the northeast quarter, the southeast quarter of the northeast
quarter, and the northeast quarter of the northwest quarter, of
section 25, township 5 south, range 26 east, and lots 4, 9, and 10 of
section 19, township 5 south, range 27 east, Montana principal merid-
ian.

March 13, 1946.

IH. R. 4027] [Private Law 423)

60 Stat. 1127

LeRoy Milliken.

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March 13, 1946

(H. R. 4034] (Private Law 424)

60 Stat. 1128

Authorizing the issuance of a patent in fee to Alice Yarlott Othermedicine.
Be it enacted by the Senate and House of Representatives of the

Alice Yarlott Othermedicine.

United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to issue Alice Yarlott Othermedicine, a Crow Indian allottee, a patent in fee to the followingdescribed lands allotted to her on the Crow Indian Reservation, Montana: The northwest quarter of the southeast quarter, section 11, township 9 south, range 34 east, Montana principal meridian, Big Horn County, Montana, containing forty acres.

Approved, March 13, 1946.

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March 13, 1946

(H. R. 4035) Private Law 425)

60 Stat. 1128

Wilbert Keiser.

Authorizing the issuance of a patent in fee to Wilbert Keiser. 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 is authorized and directed to issue to Wilbert Keiser a patent in fee to the following-described lands allotted to him on the Crow Indian Reservation, Montana: Lot 4 and the southwest quarter of the southwest quarter of section 2, and the west half of the northwest quarter of section 11, township 3 north, range 31 east, Montana principal meridian, containing one hundred and fifty-seven and twenty-two one-hundredths acres.

Approved, March 13, 1946.

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June 25, 1946

H. R. 4046) [Private Law 693)

60 Stat. 1241

Richard S. Fisher.

Authorizing the issuance of a patent in fee to Richard S. Fisher. 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 is authorized and directed to issue to Richard S. Fisher, of Lodge Grass, Montana, a patent in fee to the following-described lands allotted to him on the Crow Indian Reservation: The south half of the northwest quarter, the north half of the southwest quarter, the north half of the southeast quarter, and the north half of the north half of the south half of the south half, of section 23, and the west half of the southwest quarter of section 24, township 7 south, range 36 east; the east half of section 21, and the southwest quarter of the northwest quarter, the north half of the northwest quarter, and the north half of the northeast quarter of section 26, township 7 south, range 37 east, and lot 4 and the southwest quarter of the southeast quarter of section 30, township 8 south, range 37 east; Montana principal meridian.

Approved, June 25, 1946.

July 11, 1946

(S. 438] |Private Law 7211

60 Stat. 1252

B. H. Goodin. his heirs or assigns.

CHAPTER 565)

AN ACT
Authorizing the Secretary of the Interior to partition certain lands in Cleveland

County, Oklahoma, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That B. H. Goodin,
his heirs or assigns, may maintain a suit to partition the northeast
quarter of section 33, township 9 north, range i east, Indian meridian,
in Cleveland County, Oklahoma, against any restricted Indian who is
a part owner of said lands in the United States District Court for the
Western District of Oklahoma in accordance with the law governing
partitions in the State of Oklahoma. The United States shall be made
a party to such action, and jurisdiction is hereby conferred upon such
court to hear and determine such cause, and service may be had on
the United States by serving one copy of the petition or bill in equity

on the United States attorney for the Western District of Oklahoma not less than forty-one days before said cause is set for trial, and any conveyance ordered made by said court, in such proceedings, shall operate to remove all restrictions on the lands conveyed to the grantee therein, except where such grantee is a restricted Indian.

Approved, July 11, 1946.

August 7, 1946

(H. R. 4114) Private Law 832)

60 Stat. 1298

Sale of land of Alice Scott White.

March 7, 1947

(S. J. Res. 601 (Public Law 101

61 Stat. 8

San Carlos irrigation project, Ariz.

[CHAPTER 829)

AN ACT
To authorize the Secretary of the Interior to sell certain land of Alice Scott White on

the Crow Indian Reservation, Montana.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, upon the
written application of Alice Scott White, Crow Indian allottee num-
bered 953, the Secretary of the Interior is hereby authorized to sell to
the highest bidder, under such terms and conditions as he may
prescribe, that part of the homestead land of the said allottee de-
scribed as the northeast quarter of the southeast quarter, section 33,
township 5 south, range 28 east; the northwest quarter of the
northeast quarter, section 7, lot 3, and the southeast quarter of the
northwest quarter, section 8, township 4 south, range 33 east, Mon-
tana principal meridian, containing one hundred and sixty and forty-
eight one-hundredths acres.
Approved August 7, 1946.

PUBLIC LAWS OF THE EIGHTIETH CONGRESS, FIRST SESSION, 1947
CHAPTER 101

JOINT RESOLUTION
To authorize the San Carlos Irrigation and Drainage District, Arizona, to drill, equip,

and acquire wells for use on the San Carlos irrigation project.
Whereas the San Carlos irrigation project, Arizona, has been con-

structed under authority of the Act of June 7, 1924 (43 Stat. 475), as

supplemented and amended; and Whereas a contract has been executed pursuant to such legislative

authority between the Secretary of the Interior and the San Carlos Irrigation and Drainage District providing for the repayment of the proper share of the cost of project irrigation works by the San Carlos Irrigation and Drainage District on behalf of project lands in

private and public ownership; and Whereas, at the beginning of the 1947 irrigation season, due to

extended drought, there is virtually a complete lack of surface and reservoir water supply on the project for the irrigation of the lands of the district and the Pima Indians of the Gila River Indian Reservation, thus creating an emergency: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that there is hereby authorized to be constructed an extension of the system of wells and pumping works of the San Carlos irrigation project, including the enlargement, rehabilitation, and repair of the present pumping and drainage works of the said project, and in order to expedite and assist the accomplishment thereof, the San Carlos Irrigation and Drainage District, is hereby authorized, (1) to develop underground water within and without the area of the San Carlos irrigation project exclusively for use as a part of the common stored and pumped water supply of said project; (2) to drill irrigation wells within and without the project area necessary for making underground waters available exclusively for use on all lands of the project, and equip the same with pumping facilities and equipment, including the deepening, replacement, and repair of existing project wells and equipment; and (3) to purchase with the consent of and under agreement with the lowner thereof

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