507

EXCHANGE OF LANDS ON KLAMATH PROJECT

An act providing for an exchange of lands between the Colonial Realty Company and the United States, and for other purposes. (Act of March 23, 1933, ch. 7, 48 Stat. 1295)

[Sec. 1. Patent to issue to Colonial Realty Co. conveying lands on Tule Lake division, in exchange for seeped and unproductive lands, as determined by the Secretary.]-Upon execution and delivery by the Colonial Realty Company of a deed conveying to the United States, title in fee, free of incumbrance, to approximately one thousand four hundred and twenty acres of seeped and unproductive lands, as determined by the Secretary of the Interior, in sections 20, 21, 22, 25, 27, 28, 31, 32, 33, and 34, township 39 south, and section 3 of township 40 south, range 9 east, Willamette meridian, Oregon, Klamath project, or to such portion thereof as said company may elect so to convey, the said Secretary is hereby authorized and directed to issue a patent to the Colonial Realty Company, conveying to said company title to approximately an equivalent amount of public lands on the Tule Lake division of the Klamath project in Oregon-California to be selected and designated by said company from available lands in that division: Provided, That in order to avoid the expense of additional surveys, and since many of the tracts to be conveyed to the United States are designated as lots by public land surveys and for this reason the subdivisions contain areas both less than and in excess of legal subdivision, the areas conveyed to the Government and the areas patented by the Government need be only approximately of the same acreage: Provided further, That should any legal subdivision of the lands herein described consist of more than 50 per centum of unproductive land the whole subdivision may, at the option of said company, be conveyed to the United States, with the right of exchange of an equivalent area as herein authorized. (48 Stat. 1295)

Sec. 2. [Water-right charges to be same as those for similar lands in district.]-The water-right charges payable by said company or its successor on the Tule Lake lands patented pursuant to this act shall be the same as those fixed for similar lands in that district and shall be subject to payment in the same manner. (48 Stat. 1295)

EXPLANATORY NOTES

Cross Reference, Credits for Charges Paid on Damaged Lands. The Act of June 14, 1933, 48 Stat. 1300, allowed credit for construction charges paid by the owners of certain of the lands conveyed to the United States pursuant to this Act. The Act appears herein in chronological order.

Cross Reference, Jurisdiction Conferred Upon Court of Claims. The Act of August 27, 1954, 68 Stat. A226, conferred jurisdiction upon the Court of Claims to hear, determine and render judgment on the claim of Mary K. Reynolds, as successor in

interest to the Colonial Realty Company, against the United States resulting from the alleged failure of the Secretary of the Interior to complete the exchange of land authorized by the Act of March 23, 1923 (48 Stat. 1295), as supplemented by the Act of June 14, 1933 (48 Stat. 1300), in the manner and to the extent required by such Acts. The Act appears herein in chronological order.

Legislative History. S. 156, Private Law 2 in the 73rd Congress.

508

CREDITS FOR CHARGES PAID ON DAMAGED LANDS, KLAMATH

PROJECT

An act giving credit for water charges paid on damaged land. (Act of June 14, 1933, ch. 75, 48 Stat. 1300)

[Credits on construction and operation and maintenance charges.]—All construction charges heretofore paid by owners on lands to be conveyed to the United States of America pursuant to the act of Congress approved March 23, 1933 (S. 156, Seventy-third Congress), shall be transferred as a credit to the lands to be so patented by the United States, and all payments of operation and maintenance charges with penalty and interest heretofore made on such of the lands to be conveyed as were not, in the determination of the Secretary of the Interior, during the period for which payment was made, susceptible of successful cultivation by reason of seepage, alkalinity, or other causes not within the control of the owners of such land, shall be allowed as credits on future construction, operation, and maintenance charges on the lands retained or those to be patented by the United States pursuant to the act of Congress approved March 23, 1933 (S. 156, Seventy-third Congress). Like credit shall also be given the irrigation district for all the charges heretofore paid by it on such lands and for which the owners of said lands have not in turn reimbursed the irrigation district. (48 Stat. 1300)

EXPLANATORY NOTES

Reference in the Text. The Act of March 23, 1933, referred to in the text, appears herein in chronological order.

Cross Reference, Jurisdiction Conferred Upon Court of Claims. The Act of August 27, 1954, 68 Stat. A226, conferred jurisdiction upon the Court of Claims to hear, determine and render judgment on the claim of Mary K. Reynolds, as successor in interest to the Colonial Realty Company, against the United States resulting from

the alleged failure of the Secretary of the Interior to complete the exchange of land authorized by the Act of March 23, 1923 (48 Stat. 1295), as supplemented by the Act of June 14, 1933 (48 Stat. 1300), in the manner and to the extent required by such Acts. The Act appears herein in chronological order.

Legislative History. S. 1536, Private Law 12 in the 73rd Congress. S. Rept. No. 95. H.R. Rept. No. 198.

509

CONSERVATION OF WILD LIFE, FISH AND GAME

An act to promote the conservation of wild life, fish and game, and for other purposes. (Act of March 10, 1934, ch. 55, 48 Stat. 401)

Editor's Note: This Act was substantially rearranged and expanded by the Act of August 14, 1946, and the complete act, including subsequent amendments, appears herein under that date. The original 1934 Act is reprinted below for historical reference. [Sec. 1. Cooperation of Agriculture, Commerce, and other agencies to increase fish.]— That the Secretary of Agriculture and the Secretary of Commerce are authorized to provide expert assistance to, and to cooperate with, Federal, State, and other agencies in the rearing, stocking, and increasing the supply of game and fur-bearing animals and fish, in combating diseases, and in developing a Nation-wide program of wild-life conservation and rehabilitation. (48 Stat. 401)

Sec. 2. [Investigations on pollution of waters. Report to Congress.]-The Secretary of Agriculture and the Secretary of Commerce are authorized to make such investigations as they may deem necessary to determine the effects of domestic sewage, trade wastes, and other polluting substances on wild life, with special reference to birds, mammals, fish, and shellfish, and to make reports to the Congress of their investigations with recommendations for remedial measures. Such investigations shall include studies of methods for the recovery of wastes and the collection of data on the progress being made in these fields for the use of Federal, State, municipal, and private agencies. (48 Stat. 401)

Sec. 3. [Bureau of Fisheries to be given opportunity to make use of impounded waters and to be consulted before construction of new works is initiated.]—(a) Whenever the Federal Government, through the Bureau of Reclamation or otherwise, impounds water for any use, opportunity shall be given to the Bureau of Fisheries and/or the Bureau of Biological Survey to make such uses of the impounded waters for fish-culture stations and migratory-bird resting and nesting areas as are not inconsistent with the primary use of the waters and/or the constitutional rights of the States. In the case of any waters heretofore impounded by the United States, through the Bureau of Reclamation or otherwise, the Bureau of Fisheries and/or the Bureau of Biological Survey may consult with the Bureau of Reclamation or other governmental agency controlling the impounded waters, with a view to securing a greater biological use of the waters not inconsistent with their primary use and/or the Constitutional rights of the States and make such proper uses thereof as are not inconsistent with the primary use of the waters and/or the constitutional rights of the States.

(b) Hereafter, whenever any dam is authorized to be constructed, either by the Federal Government itself or by any private agency under Government permit, the Bureau of Fisheries shall be consulted, and before such construction is begun or permit granted, when deemed necessary, due and adequate provision, if economically practicable, shall be made for the migration of fish life from the upper to the lower and from the lower to the upper waters of said dam by means of fish lifts, ladders, or other devices. (48 Stat. 401) Sec. 4. [Plans for better protection of wild-life resources].-The Office of Indian Affairs, the Bureau of Fisheries, and the Bureau of Biological Survey are authorized, jointly, to prepare plans for the better protection of the wild-life resources, including fish, migratory waterfowl and upland game birds, game animals and fur-bearing animals, upon all the Indian reservations and unallotted Indian lands coming under the supervision of the Federal Government. When such plans have been prepared they shall be promulgated by the Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agriculture, who are authorized to make the necessary regulations for enforcement thereof and from time to time to change, alter, or amend such regulations. (48 Stat. 402)

Sec. 5. [Surveys of wild-life resources to be made.]-The Bureau of Biological Survey and the Bureau of Fisheries are hereby authorized to make surveys of the wild-life resources of the public domain, or of any lands owned or leased by the Government, to conduct such investigations as may be necessary for the development of a program for the maintenance of an adequate supply of wild life in these areas, to establish thereon game farms and fish-cultural stations commensurate with the need for replenishing the supply of game and fur-bearing animals and fish, and in cooperation with the National Park Service, the Forest Service, or other Federal agencies, the State agencies, to

510

CONSERVATION OF WILD LIFE, FISH AND GAME

coordinate and establish adequate measures for wild-life control on such game farms and fish-cultural stations: Provided, That no such game farm shall hereafter be established in any State without the consent of the legislature of that State. (48 Stat. 402)

Sec. 6. [Cooperation of Federal agencies and authority to accept donations.]-In carrying out the provisions of this act the Federal agencies charged with its enforcement may cooperate with other Federal agencies and with States, counties, municipalities, individuals, and public and private agencies, organizations, and institutions, and may accept donations of lands, funds, and other aids to the development of the program authorized in this act: Provided, however, That no such donations of land shall be accepted without consent of the legislature of the State in which such land may be situated: Provided, That no authority is given in this act for setting up any additional bureau or division in any department or commission, and shall not authorize any additional appropriation for carrying out its purposes (48 Stat. 402)

EXPLANATORY NOTES

Transfer of Functions. Reorganization Plan No. 2 of 1939, 53 Stat. 1433, transferred the Bureau of Fisheries, its personnel and functions, from the Department of Commerce to the Department of the Interior; transferred the functions of the Secretary of Commerce relating to the protection of fur seals and other fur bearing animals to the Secretary of the Interior; and transferred the functions of the Secretary of Agriculture relating to the conserva

tion of wildlife, game and migratory birds to the Secretary of the Interior.

Creation of Fish and Wildlife Service. Section 3 of Reorganization Plan No. III of 1940, 54 Stat. 1232, consolidated the Bureau of Fisheries and the Bureau of Biological Survey into one agency in the Department of the Interior to be known as the Fish and Wildlife Service.

Legislative History. S. 2529, Public Law 121 in the 73rd Congress S. Rept. No. 244. H.R. Rept. No. 850 (on H.R. 7672).

511

MORATORIUM ON CONSTRUCTION CHARGES FOR 1934

An act to further extend the operation of the act entitled "An act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law" approved April 1, 1932. (Act of March 27, 1934, ch. 92, 48 Stat. 500) [Sec. 1. Construction charges for 1934 suspended; drainage deferred Uncompahgre project and water-right charges deferred on Grand Valley project.]-The Secretary of the Interior is authorized and directed to extend such provisions of the Act entitled “An Act for the temporary relief of water users on reclamation projects constructed and operated under the reclamation law", approved April 1, 1932 (47 Stat. 75), as extended by the act of March 3, 1933 (47 Stat. 1427), as relate to the deferment of payment of certain waterrights charges for the years 1931, 1932, and 1933, in like manner to all similar charges coming due for the year 1934. The Secretary of the Interior is further authorized, upon the acceptance by the Uncompahgre Valley Water Users Association of the moratorium act of April 1, 1932, and its amendments, including this act, to enter into a contract with the association deferring the initiation of its drainage construction program until January 1, 1936, and permitting the completion of said drainage program during the years 1936 to 1941, both inclusive, under the conditions set out in the act of January 31, 1931 (46 Stat. 1974) as herein modified, and to extend such provisions of such section 3 as relate to certain water-rights charges on the Grand Valley reclamation project in like manner to all similar charges coming due for the year 1934. (48 Stat. 500) Sec. 2. [Interest same as prescribed in act of March 3, 1933.]—Interest on the charges for which the time of payment is extended pursuant to this act shall be payable at the same rate and under the same conditions as those prescribed in such act of March 3, 1933, with respect to the charges for the years 1931, 1932, and 1933. (48 Stat. 501)