expended for such purpose unless and until the State of California shall have set aside and made available for expenditure funds for the purchase of equivalent acreages as determined by the Secretary of the Interior.

SEC. 2. The Secretary of the Interior may do all things and make all expenditures necessary to secure the safe title in the United States to the areas which may be acquired under this Act, including purchase of options when deemed necessary, and expenses incident to the location, examination, and survey of such areas and the acquisition of title thereto, but no payments shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General. The acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, easements, exceptions, and reservations which from their nature will, in the opinion of the Secretary of the Interior, in no manner interfere with the use of the areas so encumbered for the purposes of this Act.

SEC. 3. Sections 8, 9, 10, 13, 14, and 15 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222; 16 U. S. C. 715), as amended, are hereby made applicable for the purposes of this Act in the same manner and to the same extent as though they were enacted as part of this Act, except that lanas acquired hereunder may be administered primarily as wildlife management areas not subject to the prohibition against the taking of birds or nests or the eggs thereof, as contained in section 10 of the Migratory Bird Conservation Act, and hunting thereon may be regulated, at the option of the Fish and Game Commission of the State of California, in such cooperative manner as is deemed necessary to carry out the purposes of this Act subject, however, to the provisions of the Migratory Bird Treaty Act of July 3, 1918 (49 Stat. 1555; 16 U. S. C. 703-711), as amended.

SEC. 4. Funds made available under this or any other Act for the administration, maintenance, and development of any areas acquired under this Act, shall be available also for the construction of dams, dikes, ditches, buildings, and other necessary improvements and for the purchase, planting, growing, and harvesting of grains and other crops for the feeding of waterfowl and other wildlife frequenting the localities where such lands may be purchased or rented. Passed the House of Representatives July 7, 1947. Attest:

JOHN ANDREWS, Clerk.

[H. R. 1693, 80th Cong., 1st sess., Report No. 728]

[Omit the part in black brackets and insert the part printed in italic]

A BILL To provide that the United States shall aid the States in fish restoration and management projects, 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 Secretary of the Interior is authorized and directed to cooperate with the States through their respective State fish and game departments in fish restoration and management projects as hereinafter set forth: No money apportioned under this Act to any State, except as hereinafter provided, shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of fish, shall have assented to the provisions of this Act and shall have passed laws for the conservation of fish, which shall include a prohibition against the diversion of license fees paid by fishermen for any other purpose than the administration of said State fish and game department, except that until the final adjournment of the first regular session of the legislature held after passage of this Act the assent of the Governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of this Act shall agree upon the fish restoration and management projects to be aided in such State under the terms of this Act, and all projects shall conform to the standards fixed by the Secretary of the Interior.

SEC. 2. For the purpose of this Act the term "fish restoration and management projects" shall be construed to mean projects designed for the restoration and management of all species of fish which have material value in connection with sport or recreation in the marine and/or fresh waters of the United States and include

(a) Such research into problems of fish management and culture as may be necessary to efficient administration affecting fish resources.

(b) The acquisition of such facts as are necessary to guide and direct the regulation of fishing by law, including the extent of the fish population, the drain on the fish supply from fishing and/or natural causes, the necessity of legal regulation of fishing, and the effects of any measures of regulation that are applied.

(c) The formulation and adoption of plans of restocking waters with food and game fishes according to natural areas or districts to which such plans are applicable, together with the acquisition of such facts as are necessary to the formulation, execution, and testing the efficacy of such plans.

(d) The selection, restoration, rehabilitation, and improvement of areas of water or land adaptable as hatching, feeding, resting, or breeding places for fish, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes; the term “State fish and game department" shall be construed to mean and include any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department.

SEC. 3. To carry out the purposes of this Act, there is hereby authorized to be appropriated an amount equal to the revenue accruing from tax imposed by section 3406 of the Internal Revenue Code, effective October 1, 1941, on fishing rods, creels, reels, and artificial lures, baits, and flies for the fiscal year ending June 30, 1947, and each fiscal year thereafter. The appropriation made under the provisions of this section for each fiscal year shall continue available during the succeeding fiscal year. So much of such appropriation apportioned to any State for any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until the close of the succeeding fiscal year. Any amount apportioned to any State under the provisions of this Act which is unexpended or unobligated at the end of the period during which it is available for expenditure on any project is authorized to be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport and recreation.

SEC. 4. So much, not to exceed 8 per centum, of each annual appropriation made in pursuance of the provisions of section 3 of this Act as the Secretary of the Interior may estimate to be necessary for his expenses in the conduct of necessary investigations, administration, and the execution of this Act and for aiding in the formulation, adoption, or administration of any compact between two or more States for the conservation and management of migratory fishes in marine or fresh waters shall be deducted for that purpose, and such sum is authorized to be made available therefor until the expiration of the next succeeding fiscal year. The Secretary of the Interior, after making the aforesaid deduction, shall apportion the remainder of the appropriation for each fiscal year among the several States in the following manner; that is to say, 40 per centum in the ratio which the area of each State including coastal and Great Lakes waters (as determined by the Secretary of the Interior) bears to the total area of all the States and 60 per centum in the ratio which the number of persons holding paid licenses to fish for sport or recreation in the State in the second fiscal year preceding the fiscal year [in] for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the number of such persons in all the States; but in the event that the licenses to fish in any State are combination hunting and fishing licenses, the number of fishing license holders shall be limited to 50 per centum of the number of such combination licenses certified to the Secretary of the Interior by the State fish and game departments: Provided, [That the apportionment for any one State shall not exceed an amount equal to 5 per centum of the available funds annually.] That such apportionments shall be adjusted equitably so that no State shall receive less than one-half of 1 per centum nor more than 5 per centum of the total amount apportioned to all of the States: Provided further, That where the apportionment to any State under this section is less than $4,500 annually, the Secretary of the Interior may allocate not more than $4,500 of said appropriation to said State to carry out the purposes of this Act when said State certifies to the Secretary of the Interior that it has set aside not less than $1,500 from its fish-and-game funds or has made, through its legislature, an appropriation in this amount for said purposes. Any sum not allocated under the provisions of this section shall be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the fisheries-research program of the Fish and Wildlife Service with the States.

SEC. 5. For each fiscal year beginning with the fiscal year ending June 30, 1948, the Secretary of the Interior shall certify to the Secretary of the Treasury, and to each State fish and game department, the sum which he has estimated to be deducted for administering and executing this Act and the sum which he has appor

tioned to each State for such fiscal year. Any State desiring to avail itself of the benefits of this Act shall notify the Secretary of the Interior to this effect within sixty days after it has received the certification referred to in this section. The sum apportioned to any State which fails to notify the Secretary of the Interior as herein provided is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the fish-research program of the Fish and Wildlife Service.

SEC. 6. Any State desiring to avail itself of the benefits of this Act shall, by its State fish and game department, submit to the Secretary of the Interior full and detailed statements of any fish-restoration and management project proposed for that State. If the Secretary of the Interior finds that such project meets with the standards set up by him and approves said project, the State fish and game department shall furnish to him such surveys, plans, specifications, and estimate therefor as he may require: Provided, however, That the Secretary of the Interior shall approve only such projects as may be substantial in character and design, and the expenditure of funds hereby authorized shall be applied only to such approved projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this Act.

Items included for engineering, inspection, and unforeseen contingencies in connection with any works to be constructed shall not exceed 10 per centum of the cost of such works. If the Secretary of the Interior approves the plans, specifications, and estimates for the project, he shall notify the State fish and game department and immediately certify the fact to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon set aside so much of said appropriation as represents the share of the United States payable under this Act on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof. No payment of any money apportioned under this Act shall be made on any project until such statement of the project and the plans, specifications, and estimates thereof shall have been submitted to and approved by the Secretary of the Interior.

SEC. 7. When the Secretary of the Interior shall find that any project approved by him has been completed or, if involving research relating to fish, is being conducted, in compliance with said plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project: Provided, That the Secretary of the Interior may, in his discretion, from time to time, make payments on said project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States pro rata share of the project in conformity with said plans and specifications. Any constructive work and labor in each State shall be performed in accordance with its laws and under the direct supervision of the State fish and game department, subject to the inspection and approval of the Secretary of the Interior and in accordance with the rules and regulations made pursuant to this Act. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments, as work progresses, shall be made under this Act. Such payments shall be made by the Secretary of the Treasury, on warrants drawn by the Secretary of the Interior against the said appropriation to such official or officials, or depository, as may be designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State.

SEC. 8. To maintain fish-restoration and management projects established under the provisions of this Act shall be the duty of the States according to their respective laws: Provided, That beginning July 1, 1950, maintenance of projects heretofore completed under the provisions of this Act may be considered as projects under this Act: Provided further, That not more than 25 per centum of the allocation from Federal funds in any one year after July 1, 1950, may be set aside for such maintenance projects. Title to any real or personal property acquired by any State, and to improvements placed on State-owned lands through the use of funds paid to the State under the provisions of this Act, shall be vested in such State.

SEC. 9. Out of the deductions set aside for administering and executing this Act the Secretary of the Interior is authorized to employ such assistants, clerks, and other persons in the District of Columbia and elsewhere, to be taken from the eligible lists of the civil service; to rent or construct buildings outside of the District of Columbia; to purchase such supplies, materials, equipment, office fixtures, and apparatus; and to incur such travel and other expenses, including publication of technical and administrative reports, purchase, maintenance, and

hire of passenger-carrying motor vehicles, as he may deem necessary for carrying out the purposes of this Act.

SEC. 10. The Secretary of the Interior is authorized to make rules and regulations for carrying out the provisions of this Act.

SEC. 11. The Secretary of the Interior shall make an annual report to the Congress giving detailed information as to the projects established under the provisions of this Act and expenditures therefor.

SEC. 12. The Secretary of the Interior is authorized to cooperate with the Alaska Game Commission, the Division of Game and Fish of the Board of Commissioners of Agriculture and Forestry of Hawaii, the Commissioner of Agriculture and Commerce of Puerto Rico, and the Governor of the Virgin Islands, in the conduct of fish restoration and management projects, as defined in section 2 of this Act, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to said Territories, Puerto Rico, and the Virgin Islands, out of money available for apportionment under this Act, such sums as he shall determine, not exceeding $25,000 for Alaska, and $10,000 each for Hawaii, Puerto Rico, and the Virgin Islands, in any one year, which apportionments, when made, shall be deducted before making the apportionments to the States provided for by this Act: but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be available for expenditure in the Territories, Puerto Rico, or the Virgin Islands, as the case may be, in the succeeding year, on any approved project, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport recreation.

Amend the title so as to read: "A bill to provide that the United States shall aid the States, Territories, and possessions in fish restoration and management projects, and for other purposes.'

[H. R. 2472, 80th Cong., 1st sess.]

A BILL To provide expert assistance and to cooperate with Federal, State, and other suitable agencies, by promoting the conservation of wildlife by promoting sound land-use practices, 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 Secretary of the Interior is hereby authorized under such conditions as he may determine to be fair and equitable in each State, in cooperation with appropriate officials of each State, or in his discretion with other suitable agencies, to advise the owners and custodians of lands or waters regarding methods to restore, rehabilitate, and improve areas adaptable as feeding, resting, or breeding places for wildlife: Provided, That except for preliminary investigations, the amount expended by the Federal Government under this section in cooperation with any State or other cooperating agency during any fiscal year shall not exceed 75 per centum of the estimated cost thereof. SEC. 2. Funds to carry out the provisions of this Act shall, at the discretion of the Secretary of the Interior, be made avialable from that portion of the Federal aid to wildlife restoration fund established under the provisions of the Act entitled "Federal aid to States in wildlife restoration projects" (50 Stat. 917), which is unexpended or unobligated at the end of the period during which it was available for State projects.

SEC. 3. Out of the deductions set aside for administering and executing this Act, the Secretary of the Interior is authorized to employ such assistants, clerks, and other persons in the city of Washington and elsewhere, to be taken from the eligible lists of the civil service; to rent or construst buildings outside of the city of Washington; to purchase such supplies, materials, equipment, office fixtures, and apparatus; and to incur such travel and other expenses, including purchase, maintenance, and hire of passenger-carrying motor vehicles, as he may deem necessary for carrying out the purposes of this Act.

SEC. 4. All acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.

[H. R. 2721, 80th Cong., 1st sess.]

AN ACT To amend the Act of March 10, 1934, entitled "An Act to promote the conservation of wildlife, fish, and game, and for other purposes", as amended by the Act approved August 14, 1946

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), as amended by the Act approved August 14, 1946 (Public Law 732, Seventyninth Congress), is hereby amended to include the following new section:

"SEC. 5A. In the management of existing facilities (including locks, dams, and pools) in the Mississippi River between Rock Island, Illinois, and Minneapolis, Minnesota, administered by the United States Corps of Engineers of the War Department, that Department is hereby directed to give full consideration and recognition to the needs of fish and other wildlife resources and their habitat dependent on such water, without increasing additional liability to the Government, and shall operate and maintain pool levels as though navigation was carried on throughout the year.'

Passed the House of Representatives June 16, 1947.
Attest:

JOHN ANDREWS, Clerk.

[H. R. 3522, 80th Cong., 1st sess.]

A BILL To amend the Act of March 10, 1934, entitled "An Act to promote the conservation of wildlife, fish▾ and game, and for other purposes", as amended by the Act approved August 14, 1946

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), as amended by the Act approved August 14, 1946 (Public Law 732, Seventy-ninth Congress), is hereby amended to include the following new section:

"SEC. 5A. In the management of existing facilities (including locks, dams, and pools) in the Mississippi River between Rock Island, Illinois, and Minneapolis, Minnesota, administered by the United States Corps of Engineers of the War Department, that Department is hereby directed to give full consideration and recognition to the needs of fish and other wildlife resources and their habitat dependent on such waters, without increasing additional liability to the Government, and shall operate and maintain pool levels as though navigation was carried on throughout the year."

[H. R. 3802, 80th Cong., 1st sess.]

A BILL To amend section 2 of the Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat. 451; 16 U. S. C. 718b), as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat. 451; 16 U. S. C. 718b), as amended, is further amended by striking the figure "$1" as it appears therein and inserting in lieu thereof the figure "$2".

SEC. 2. That subsection (a) of section 4 of said Act is amended by deleting the words "Not less than 90 per centum shall be available", by inserting the words "wildlife management and,” immediately before the words "inviolate migratorybird sanctuaries" as they appear therein, and by adding to said subsection the following proviso: ": Provided, That in the discretion of the Secretary of the Interior not to exceed 25 per centum, at any one time, of the total of the areas acquired in accordance with the provisions of this Act, may be administered primarily as wildlife management areas not subject to the prohibitions against the taking of birds, or nests or the eggs thereof, as contained in section 10 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222; 16 U. S. C. 7151), as amended, except that no such area shall be open to shooting when the population of birds frequenting such areas or in the migrations utilizing such areas is on a decline and no newly acquired or newly established area shall be open to shooting until the same has been fully developed as a management area, refuge, reservation, or breeding ground".

SEC. 3. That subsection (b) of section 4 of said Act is amended by deleting the words "The remainder shall be available".

SEC. 4. That section 5 of the Migratory Bird Conservation Act of February 18, 1925, as amended, is further amended by inserting the words "wildlife management and" immediately before the words "inviolate sanctuaries for migratory birds" as they appear therein.