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Kawkawlin River, Michigan, with a view to dredging Michigan. the outlet, with a view to its improvement in the interests

of navigation and flood control.

Saint Ignace Harbor, Michigan.
Harbor Springs Harbor, Michigan.

Yacht Basin and Harbor at Menominee, Michigan.
Collinsville Cut, Solano County, California.

Tillamook Bay, Oregon, with a view to protection of
Bay Ocean, and property thereon, from erosion and

storms.

Salmon River, Oregon.

North slough and vicinity, Coos County, Oregon, with a view to the construction of a dam and dike to prevent the flow of tidal waters into said North slough.

Columbia River at The Dalles, Oregon, with particular reference to the improvement of Hungry Harbor.

Umpqua River, Oregon, with a view to determining the advisability of providing for navigation, in connection with power development, control of floods, and the needs of irrigation.

California.

Oregon.

Washington.

County,

of dam, etc., by

Oregon.

Bay Center Channel, Willapa Harbor, Washington, extending from Palix River to Bay Center Dock. SEC. 9. That the times for commencing and complet- coos North Slough, ing the construction of a dam and dike for preventing Oreg Time extended the flow of tidal waters into North slough in Coos for construction County, Oregon, in township 24 south, range 13 west, Willamette meridian, authorized to be constructed by the State of Oregon, acting through its highway department, the North Slough Drainage District, and the North Slough Diking District by an Act of Congress approved August 26, 1937, is extended one and three years, respectively, from August 26, 1938. The right to alter, amend, or repeal this section is hereby expressly reserved.

50 Stat. 856.

Rights reserved.

Easements for rights-of-way for eral lands.

SEC. 10. That the Secretary of War be, and he is hereby, authorized and empowered, under such terms public roads, Fedand conditions as are deemed advisable by him, to grant easements for rights-of-way for public roads and streets on and across lands acquired by the United States for river and harbor and flood control improvements including, whenever necessary, the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of a bridge structure: Provided, That such rights-of-way shall be granted only upon a finding by the Secretary of War that the same will be in the public interest and will not substantially injure the interest of the United States in the property affected thereby: Provided further, That all or any part violation of terms. of such rights-of-way may be annulled and forfeited by the Secretary of War for failure to comply with the terms or conditions of any grant hereunder or for nonuse or for abandonment of rights granted under the authority

Provisos.
Condition.

Forfeiture

for

to extend to lands

Authority not hereof: Provided further, That the authority hereby under Tennessee granted to the Secretary of War shall not extend to or Valley Authority. include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act.

bors.

improvement,

Rivers and har- SEC. 11. That the laws of the United States relating Compilation of to the improvement of rivers and harbors, passed belaws relating to tween March 4, 1913, until and including the laws of printing author the third session of the Seventy-fifth Congress, shall be compiled under the direction of the Secretary of War and printed as a document, and that six hundred additional copies shall be printed for the use of the War Department.

ized.

data authorized.

Nicaragua SEC. 12. That the Secretary of War is hereby authorCanal, gathering of hydrological ized to continue the gathering of hydrological data, concerning the proposed Nicaragua Canal, by personnel operating continuously in Nicaragua under the supervision of the Chief of Engineers, as recommended in House Document Numbered 139, 72nd Congress, 1st Session; the cost of this work, and such incidental expenses as may be necessary in connection therewith, to be paid from appropriations hereafter made for examinations, surveys and contingencies of Rivers and Harbors.

June 21, 1938 [H. J. Res. 679] [Pub. Res., No. 122]

Vol. 52, pp. 809, 810, 811.

Work Relief and Public Works Appropriation Act of 1938.

Title I-Emergency Relief Appropriation Act of 1938.

Continuation of relief and work refor designated ob

lief, appropriation

jects.

Works Progress Administration.

appropriated.

50 Stat. 352.

Approved, June 20, 1938.

CHAP. 554.-Joint Resolution Making appropriations for work relief, relief, and otherwise to increase employment by providing loans and grants for public works projects.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, This joint resolution may be cited as the "Work Relief and Public Works Appropriation Act of 1938."

TITLE I-WORK RELIEF AND RELIEF

SECTION 1. That in order to continue to provide work relief on useful public projects, and relief, in the United States and its Territories and possessions, there is hereby appropriated, out of any money in the Treasury_not otherwise appropriated, to remain available until June 30, 1939, as follows:

(1) To the Works Progress Administration, $1,425,Balances re- 000,000, together with the balances of allocations heretofore made or hereafter to be made to the Works Progress Administration under the Emergency Relief Appropriation Act of 1937 and the joint resolution of March 2, 1938, which remain unobligated on June 30, 1938, and such amounts shall be available for (a) administration; (b) the prosecution of projects approved for such Administration under the provisions of the Emergency

Ante, p. 83.
Availability.

115,

49 Stat. 1608; 50 Stat. 352. 15 U. S. C.,

Ante, p. 83.
Limitations.

Types of projects subject to

Executive ap

Highways.
Public build-

Public utilities.
Ante, p. 670.

Water supply. airports, flood

Relief Appropriation Act of 1935, the Emergency Relief Appropriation Act of 1936, and the Emergency Relief Appropriation Act of 1937, and the joint resolution of Supp. III. §728. March 2, 1938, which projects shall not be subject to the limitations (1), (2), and (3) of (d) hereof; (c) aiding selfhelp and cooperative associations for the benefit of needy persons; and (d) the following types of public projects, Federal and non-Federal, subject to the approval of the President, and the amounts to be used for each class shall proval. not, except as hereinafter provided, exceed the respective amounts stated, namely: (1) Highways, roads, and streets, $484,500,000; (2) public buildings; parks and ings, etc. other recreational facilities, including buildings therein; public utilities; electric transmission and distribution lines or systems to serve persons in rural areas, including projects sponsored by and for the benefit of nonprofit and cooperative associations; sewer systems, water supply and purification systems; airports and other control, conservatransportation facilities; flood control; drainage; irriga- tion, etc. tion; conservation; eradication of insect pests; projects for the production of lime and marl in Wisconsin for fertilizing soil for distribution to farmers under such conditions as may be determined by the sponsors of such projects under provisions of State law; and miscellaneous construction projects, $655,500,000; and (3) educational, professional, clerical, cultural, recreational, production, service, including training for domestic service, and miscellaneous non-construction projects, $285,000,000: Provided, That the amount specified for any of the foregoing classes may be increased by not to exceed 15 per lowed. centum thereof by transfer or retransfer of an amount or amounts from any other class or classes: Provided further, That notwithstanding any other provisions of this Title, relief for needy or of the Anti-Deficiency Act, the Works Progress persons. Administrator is authorized, from time to time, out of funds appropriated in this sub-section, to use such amount or amounts not to exceed in the aggregate $25,000,000, as may be determined by the President to be necessary, for the purpose of providing direct relief for needy persons; such amounts may be used in the discretion and under the direction of the President and through such agency or agencies as he may designate;

*

*

*

*

*

Total of appropriations, title I, $1,712,905,000. The funds made available by this title shall be used only for work relief or relief for persons in need except as otherwise specifically provided herein.

SEC. 2. The funds appropriated in this title to the Works Progress Administration shall be so apportioned and distributed over the period ending February 28, 1939, and shall be so administered during such period as to constitute the total amount that will be furnished to

159602-40—vol. 3- 63

etc.

Educational,

Provisos.
Increases al-

Use of sums for providing direct

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such Administration during such period for relief purposes, except that upon the happening of some extraorEmergencies, dinary emergency or unusual circumstance, which could not be anticipated at the time of making such apportionment, the same may be waived or modified by the President, who shall fully set forth the reasons therefor at the time of any such action and communicate the same to Congress in connection with any estimates for additional appropriations to carry out the purposes of this title, but any such waiver or modification shall not have the effect of reducing the total period of apportionment of such funds as provided herein by more than one month; and the funds appropriated in this title to the Secretary of Agriculture, to the Works Progress Administration for the National Youth Administration, and to the other agencies, shall be so apportioned and distributed over the twelve months of the fiscal year ending June 30, 1939, and shall be so administered during such fiscal year as to constitute the total amounts that will be furnished to the Secretary of Agriculture, to the Works Progress Administration for the National Youth Administration, and to the other agencies during such fiscal year for the purposes of this title.

Allocation of

funds by Works

Progress Admin

istration to other

Federal agencies projects.

for operation of

Ante, p. 670.

Proviso.

Limitation on administrative ex

penses.

Work forbidden

completion allocated; exception. Ante, p. 670.

projects.

SEC. 3. The Administrator of the Works Progress Administration is authorized to allocate to other Federal departments, establishments, and agencies, for the purpose of operating projects of the types specified for the Works Progress Administration under section 1 of this title, including administrative expenses of any such department, establishment, or agency incident to the operation of such projects, not to exceed $60,000,000 of the funds made available by such section to such Administration and to prescribe rules and regulations for the operation of such projects: Provided, That not to exceed 5 per centum of the total amount so allotted to any such department, establishment, or agency shall be expended for such administrative expenses.

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SEC. 5. No Federal construction project, except flood unless funds for control and water conservation projects authorized under other law, shall be undertaken or prosecuted under the appropriations in this title unless and until there shall have been allocated and irrevocably set aside Federal Non-Federal funds sufficient for its completion; and no non-Federal project shall be undertaken or prosecuted under such appropriations unless and until the sponsor has made a written agreement to finance such part of the entire cost thereof as is not to be supplied from Federal funds. Acceptance of SEC. 6. Federal agencies having supervision of projects. from sponsors of prosecuted under the appropriations in this title are non-Federal proj- authorized to receive from sponsors of non-Federal projects contributions in services, materials or money, such money to be deposited with the Treasurer of the

contributions

ects

United States. Such contributions shall be expended or utilized as agreed upon between the sponsor and the Federal agency.

Rules and regulations by heads

SEC. 7. In carrying out the purposes of this title, the heads of the departments, establishments, and agencies of departments, to which funds are appropriated herein are authorized to etc. prescribe such rules and regulations as may be necessary.

expenses not to

Authorized expenditures.

SEC. 8. The appropriations in this title for adminis- Administrative trative expenses and such portion of other appropriations exceed allocations. in this title as are available for administrative expenses shall not be obligated for such administrative expenses in excess of the amounts which the department, establishment, or agency, with the approval of the Director of the Bureau of the Budget, shall have certified to the Secretary of the Treasury as necessary for such purposes. The amounts so certified for administrative expenses shall be available for expenditure by such department, establishment, or agency concerned for personal services in the District of Columbia and elsewhere and for the objects set forth in subsection (a) of section 3 of the Emergency Relief Appropriation Act of 1935 and with the authority set forth in subsection (b) of such section. of such Act: Provided, That not to exceed 5 per centum of the amount made available in section 1 of this title to the Works Progress Administration and to the Works ministration. Progress Administration for the National Youth Administration shall be used for administration.

49 Stat. 117.

Proviso. Limitation amount for ad

on

Rates of pay on

Proviso
Labor Stand-
Minimum rates
if enacted.
Post, p. 1060.

SEC. 9. The rates of pay for persons engaged upon projects under the appropriations in this title shall be not less than the prevailing rates of pay for work of a similar nature in the same locality as determined by the Works Progress Administration: Provided, That if minimum rates of pay for persons employed by private ards Act. employers in any occupation are established by or pursuant to the authority conferred by any Labor Standards Act enacted at the third session of the Seventy-fifth Congress, not less than the minimum rates of pay so established shall be paid to persons in similar occupations in the same locality employed on projects under the appropriation in subsection one of section one of this title.

Employment of needy not hereto

Provisos.
Restriction on

SEC. 10. In the employment of persons on projects. under the appropriations in this title, applicants in actual fore listed. need whose names have not heretofore been placed on relief rolls shall be given the same eligibility for employment as applicants whose names have heretofore appeared on such rolls: Provided, That in order to insure the fulfillment of the purposes for which such appropria- employment. tions are made and to avoid competition between the Works Progress Administration and other Federal or non-Federal agencies in the employment of labor on construction projects of any nature whatsoever, financed in whole or in part by the Federal Government, no relief

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