INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE SEVENTY-NINTH CONGRESS, SECOND SESSION, 1946
Chap. 84 | Chap. 110 | Chap. 143 | Chap. 199 | Chap. 210 | Chap. 247 | Chap. 263 | Chap. 279 | Chap. 378 | Chap. 460 | Chap. 467 | Chap. 475 | Chap. 515 | Chap. 516 | Chap. 529 | Chap. 530 | Chap. 544 | Chap. 591 | Chap. 701 | Chap. 753 | Chap. 754 | Chap. 770 | Chap. 788 | Chap. 802 | Chap. 874 | Chap. 907 | Chap. 917 | Chap. 929 | Chap. 930 | Chap. 933 | Chap. 944 | Chap. 947 | Chap. 959 | Chap. 965

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Chapter 965
August 14, 1946 [H.R. 6097] |  [Public Law 732] 60 Stat. 1080

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”.
Section 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9

Margin Notes
Chap. 965 Conservation of wildlife.
16 U.S.C. §§ 661-666.
Chap. 965 Assistance to public and private agencies.
Chap. 965 Surveys, etc.
Sec. 2 Impoundment, etc., of waters.
Sec. 2 Reports, etc., of Secretary and head of State agency.
Sec. 2 1081
Costs of planning, construction, etc.
Sec. 2 Findings.
Sec. 2 5 U.S.C. § 485; 43 U.S.C. § 411 et seq.
Ante, p. 867.
Sec. 2 53 Stat. 1193. 43 U.S.C. § 485h.
Sec. 2 Transfer of funds.
Sec. 3 Provision for use of impounded waters, etc.
Sec. 4 Administration of available areas.
Sec. 4 Rules and regulations.
Sec. 5 Investigations to determine effects of polluting substances.
Sec. 5 Reports to Congress.
Sec. 5 1082
Sec. 6 Appropriation authorized.
Sec. 7 Penalty.
Sec. 8 "Wildlife"; "wildlife resources."
Sec. 9 Inapplicability to TVA.

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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 Interior, through the Fish and Wildlife Service, is authorized (a) to 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 providing public shooting areas, and in carrying out other measures necessary 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.

“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 loss of and damage to wildlife resources, and the reports and recommendations 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.

"The cost of planning for and the construction or installation and 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 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.

“SEC. 3.

Whenever the waters of any stream or other body of water are impounded, diverted, or otherwise controlled for any purpose whatever by any department or agency of the United States, adequate

Page 331

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 study 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.


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