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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)

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512

KING HILL IRRIGATION DISTRICT AGREEMENTS RESCINDED An act to convey to the King Hill irrigation district, State of Idaho, all the interest of the United States in the King Hill Federal Reclamation Project, and for other purposes. (Act of June 18, 1934, ch. 571, 48 Stat. 980)

[Rescinding agreements with King Hill irrigation district.]-The Secretary of the Interior is hereby authorized to enter into a contract with the King Hill irrigation district, organized under the laws of the State of Idaho, by which said district and the United States shall rescind the agreements between them of March 2, 1926, November 14, 1923, January 11, 1922, June 17, 1920, and December 17, 1917, each party in such rescissory agreement to release the other from all obligations, accrued or to accrue, under the said five agreements, and the United States as a part of said rescissory agreement to quitclaim to the said district all the right, title, interest, and estate of the United States in or to said King Hill Reclamation projects, including the water rights thereof and any real estate acquired or held by the United States in connection therewith. (48 Stat. 980)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Legislative History. S. 3151, Public Law

378 in the 73rd Congress. S. Rept. No. 1055. H.R. Rept. No. 1600 (on H.R. 9583).

513

DEFICIENCY APPROPRIATION ACT FOR 1934

[Extracts from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30, 1934, and June 30, 1935, and for other purposes. (Act of June 19, 1934, ch. 648, 48 Stat. 1021)

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[Sun River project.]—Refund of construction charges: For refund of construction charges heretofore paid on permanently unproductive land designated "Farm Unit F", in section 32, township 21 north, range 1 west, Sun River project in Montana, and excluded from said project in accordance with sections 42 and 44 of the act approved May 25, 1926 (44 Stat. 636), $335.40, payable from the reclamation fund.

[North Platte project.]-North Platte project, Nebraska-Wyoming: Not to exceed $6,000 from power revenues allocated to the Northport Irrigation District under subsection I, section 4, of the act of December 5, 1924 (43 Stat. 703), shall be available during the fiscal year 1935 for payment on behalf of the Northport Irrigation District, to the Farmers' Irrigation District for carriage of water for the Northport District under contract of August 10, 1915, between the United States and the Farmers' Irrigation District. (48 Stat. 1034)

EXPLANATORY NOTES

Not Codified. The above section of the Act of June 19, 1934, is not codified in the U.S. Code.

Provision Repeated. A similar appropriation from power revenues for payment to the Farmers Irrigation District is contained in each subsequent annual Interior Department Appropriation Act through the Act of October 12, 1949, 63 Stat. 781, with the following modifications: the Act of May 9, 1935, 49 Stat. 198, and subsequent acts omit the words after "carriage of water" to the end of the sentence; and the Act of October 12, 1949, 63 Stat. 781, makes the appropriation from "net power and other revenues." [Emphasis supplied.]

Cross References, Northport Irrigation District. Water to the Northport Irrigation District is transported through an extension of the Farmers' Irrigation District canal. The Northport District has annually reimbursed the Farmers' District for this carriage of water. Other statutory provisions authorizing the use of power revenues from the North Platte project for this purpose

are found herein in chronological order under the Act of May 25, 1948, 62 Stat. 273, and the Act of September 6, 1950, 64 Stat. 689. The Act of August 13, 1957, 71 Stat. 342, also found herein in chronological order, authorizes the Secretary of the Interior to enter into an amendatory contract with the Northport Irrigation District in which contract the Northport Irrigation District shall relinquish any interest it may have in all present and potential power revenues from or related to the North Platte Federal reclamation project.

Reference in the Text. Subsection I, section 4, of the Act of December 5, 1924 (43 Stat. 703), deals with the distribution of the profit from projects taken over by water users. The Act is the Fact Finders' Act, which appears herein in chronological order.

Legislative History. H.R. 9830, Public Law 412 in the 73rd Congress. H.R. Rept. No. 1879. S. Rept. No. 1418. H.R. Rept. No. 2057 (conference report).

514

ADJUSTMENT OF CHARGES, LANGELL VALLEY IRRIGATION DISTRICT

An act to amend the act entitled "An act to adjust water-right charges, to grant other relief on the Federal irrigation projects, and for other purposes," approved May 25, 1926, with respect to certain lands in the Langell Valley irrigation district. (Act of June 27, 1934, ch. 849, 48 Stat. 1266)

[Omnibus Adjustment Act amended to provide: 1. Suspension of construction charges, Langell Irrigation District; 2. Contract for resumption of payment of construction charges required.]—The act entitled "An act to adjust waterright charges, to grant other relief on the Federal irrigation projects, and for other purposes", approved May 25, 1926, is amended by adding after section 16 thereof the following new sections:

"Sec. 16-A. All payments upon construction charges shall be suspended against such lands in the Langell Valley irrigation district as the Secretary of the Interior shall cause to be classified as to productivity and as the said Secretary may determine to be temporarily unproductive because nonagricultural and unsuitable for irrigation, and the said Secretary is hereby authorized to reduce the construction obligations of the Langell Valley irrigation district exclusive of costs incurred in the construction of Clear Lake Channel in the ratio and proportion as the number of acres so found and determined to be temporarily unproductive bears to the total number of acres now included as a part of said irrigation district: Provided, That the amount of irrigation water to which the Langell Valley irrigation district is entitled shall be reduced in proportion to the area temporarily suspended from construction charges.

"Sec. 16-B. The Secretary of the Interior, as a condition precedent to the allowance of the benefits offered under section 16-A, shall require the Langell Valley irrigation district to execute a contract providing for the resumption of construction charges by said district upon all, or any, of such acreages so found and determined to be temporarily unproductive, as the Secretary of the Interior may, subsequent to such suspension, find and declare to be possessed of sufficient productive power to be again placed in the paying class." (48 Stat. 1266)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Editor's Note, Annotations. Annotations of opinions, if any, are found under section

16 of the Act of May 25, 1926, the Omnibus Adjustment Act.

Legislative History. S. 1510, Public Law 481 in the 73rd Congress. S. Rept. No.

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