INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1935 541

the lessees in such cases where it becomes necessary to make refunds because of flooding or other reasons within the terms of such leases;

Yakima project, Washington: For operation and maintenance, $246,400: Provided, That not to exceed $25,000 from power revenues shall be available during the fiscal year 1935 for operation and maintenance of the power system;

Riverton project, Wyoming: For operation and maintenance, $23,300: Provided, That not to exceed $25,000 from the power revenues shall be available during the fiscal year 1935 for the operation and maintenance of the commercial system;

Shoshone project, Wyoming: For operation and maintenance, Willwood division, $12,100: Provided, That not to exceed $25,000 from power revenues shall be available during the fiscal year 1935 for the operation and maintenance of the commercial system;

Secondary and economic investigations: For cooperative and general investigations, including investigations necessary to determine the economic conditions and financial feasibility of projects and investigations and other activities relating to the reorganization, settlement of lands, and financial adjustments of existing projects, including examination of soils, classification of land, land-settlement activities, including advertising in newspapers and other publications, and obtaining general economic and settlement data, not to exceed $50,000 of the unexpended balance of the appropriation for these purposes for the fiscal year 1934 shall remain available for the same purposes for the fiscal year 1935: Provided, That the expenditures from this appropriation for any reclamation project shall be considered as supplementary to the appropriation for that project and shall be accounted for and returned to the reclamation fund as other expenditures under the Reclamation Act: Provided further, That the expenditure of any sums from this appropriation for investigations of any nature requested by States, municipalities, or other interests shall be upon the basis of the State, municipality, or other interest advancing at least 50 per centum of the estimated cost of such investigation (48 Stat. 381);

Giving information to settlers: For the purpose of giving information and advice to settlers on reclamation projects in the selection of lands, equipment, and livestock, the preparation of land for irrigation, the selection of crops, methods of irrigation and agricultural practice, and general farm management, the cost of which shall be charged to the general reclamation fund and shall not be charged as a part of the construction or operation and maintenance cost payable by the water users under the projects; the unexpended balance of the appropriation for this purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935;

Limitation of expenditures: Under the provisions of this act no greater sum shall be expended, nor shall the United States be obligated to expend during the fiscal year 1935, on any reclamation project appropriated for herein, an amount in excess of the sum herein appropriated therefor, nor shall the whole expenditures or obligations incurred for all of such projects for the fiscal year 1935 exceed the whole amount in the "reclamation fund" for the fiscal year;

542 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1935

Interchange of appropriations: Ten per centum of the foregoing amounts shall be available interchangeably for expenditures on the reclamation projects named; but not more than 10 per centum shall be added to the amount appropriated for any one of said projects, except that should existing works or the water supply for lands under cultivation be endangered by floods or other unusual conditions an amount sufficient to make necessary emergency repairs shall become available for expenditure by further transfer of appropriation from any of said projects upon approval of the Secretary of the Interior; Total, from reclamation fund, $860,750.

To defray the cost of operating and maintaining the Colorado River front work and levee system adjacent to the Yuma Federal irrigation project in Arizona and California, subject only to section 4 of the act entitled "An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", approved January 21, 1927 (44 Stat., p. 1010), the unexpended balance of the appropriation for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935. No part of any appropriation in this act for the Bureau of Rec lamation shall be used for investigations to determine the economic and/or financial feasibility of any new reclamation project. (48 Stat. 382.).

NOTE

Purchase of reconditioned engines for motor vehicles.-The purchase of faetory rebuilt Ford cars and the trade-in of used cars needing repair were approved by the Comptroller General in decision A-61183, April 26, 1935.

1

CONSERVATION OF FISH

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

[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.

Textual note.-Section 1 is codified as section 661 of title 16, United States Code.

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.

Textual note.-Section 2 is codified as section 662 of title 16, United States Code..

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.

Textual note.-Section 3 is codified as section 663 of title 16, United States Code, the only change being "hereafter" is omitted at commencement of paragraph (b).

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.

Textual note.-Section 4 is codified as section 664 of title 16, United States Code.

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 furbearing animals and fish, and, in cooperation with the National Park Service, the Forest Service, or other Federal agencies, the State agencies, to 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.

Textual note.-Section 5 is codified as section 665 of title 16, United States Code, omitting the word "hereby" in the second line of the section.

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.

Textual note.-Section 6 is codified as section 666 of title 16, United States Code, with the following changes: Second line, "act" is changed to "sections 661-666, inclusive, of this title": line 6, "act" is changed to "said sections"; line 9, "this aet" is changed to "said sections."

SPECIAL PROVISIONS OF THE POST OFFICE DEPARTMENT
APPROPRIATION ACT FOR 1935

(Act of Mar. 15, 1934, 48 Stat. 425)

SEC. 2. Appropriations for the fiscal year 1935 available for expenses of travel of civilian officers and employees of the executive departments and establishments shall be available also for expenses of travel performed by them on transfer from one official station to another when authorized by the head of the department or establishment concerned in the order directing such transfer: Provided, That such expenses shall not be allowed for any transfer effected for the convenience of any officer or employee. (48 Stat. 450.)

SEC. 3. No appropriation available for the executive departments and independent establishments of the Government for the fiscal year ending June 30, 1935, whether contained in this act or any other act, shall be expended

(a) To purchase any motor-propelled passenger-carrying vehicle (exclusive of busses, ambulances, and station wagons) at a cost, completely equipped for operation, and including the value of any vehicle exchanged, in excess of $750, unless otherwise specifically provided for in the appropriation.

(b) For the maintenance, operation, and repair of any Government-owned motor-propelled passenger-carrying vehicle not used exclusively for official purposes; and "official purposes" shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical services and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary, and then only as to such latter cases when the same is approved by the head of the department or establishment concerned. The limitations of this subsection (b) shall not apply to any motor vehicles for official use of the President or of the heads of the executive departments.

(c) For the maintenance, upkeep, and repair (exclusive of garage rent, pay of operators, tires, fuel, and lubricants) on any one motorpropelled passenger-carrying vehicle, except busses and ambulances, in excess of one-third of the market price of a new vehicle of the same make and class, and in no case in excess of $400. (48 Stat. 450.)

NOTE

The maximum limit of $750 for purchase of passenger-carrying motor vehicles is exclusive of transportation costs to destination, but does include the trade-in value of any vehicle exchanged. (Comptroller General dec. A-56661, July 28, 1934.)