Amendments to the Watershed Protection and Flood Prevention Act (P.L. 85-624)

72 S T A T . ] PUBLIC LAW 85-624-AUG. 12, 1958 563 " (1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government; • r^ j "(2) to supply or procurement officers of the National Guard, the Air National Guard, or militia of a State, Territory, or the District of Columbia ordering, procuring, or purchasing such knives in connection with the activities of such organizations; "(3) to supply or procurement officers or employees of the municipal government of the District of Columbia or of the government of any State or Territory, or any county, city, or other political subdivision of a State or Territorj^, ordering, pro curing, or purchasing such knives in connection with the activities of such government; and "(4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant to an order from any person designated in paragraphs (1), (2), and (3). The Postmaster General may require, as a condition of conveying any such knife in the mails, that any person proposing to mail such knife explain in writing to the satisfaction of the Postmaster Gen eral that the mailing of such knife will not be in violation of this section." SEC. 6. This Act shall take effect on the sixtieth day after the date of its enactment. Approved August 12, 1958. Requirement for maUing. Effective date. Public Law 85-624 AN ACT August 12, 1958 To amend the Act of March 10, 1934, to provide for more effective integration [H.R. 13138] of a fish and wildlife conservation program with Federal water-resource developments, and for other purposes. Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assemhled, That the Act of March 10, 1934, as amended, and as further amended by this Act may be cited as the "Fish and Wildlife Coordination Act". SEC. 2. The first four sections of the Act entitled "An Act to pro mote the conservation of wildlife, fish, and game, and for other pur poses", approved March 10,1934 (16 U. S. C , sees. 661-664, inclusive) are amended to read as follows: "For the purpose of recognizing the vital contribution of our wild life resources to the Nation, the increasing public interest and sig nificance thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs through the effectual and harmonious plan ning, development, maintenance, and coordination of wildlife con servation and rehabilitation for the purposes of this Act in the United States, its Territories and possessions, the Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the develop ment, 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 overabun dant species, in providing public shooting and fishing areas, including Fish and Wild l i f e Coordination Act. 48 Stat. 401 . Wildlife vation. C o op er atlon o f agencies . 664 PUBLIC LAW 86-624-AUG. 12, 1968 [72 S T A T . easements across public lands for access thereto, and in carrying out Surveys and in- other measures necessary to effectuate the purposes of this Act; (2) ga ons. ^^ make surveys and investigations of the wildlife of the public domain, including lands and waters or interests therein acquired or Donations. controlled bv any agency of the United States; and (3) to accept donations oi land and contributions of funds in furtherance of the purposes of this Act. Interagency " S E C 2. (a) Except as hereafter stated in subsection (h) of this ^uit'ation?*'''̂ ***"*' section, whenever the waters of any stream or other body of water are proposed or authorized to be impounded, diverted, the channel deep ened, or the stream or other body of water otherwise controlled or modified for any purpose whatever, including navigation and drain age, by any department or agency of the United States, or by any public or private agency under Federal permit or license, such depart ment or agency first shall consult with the United States Fish and Wildlife Service, Department of the Interior, and with the head of the agency exercising administration over the wildlife resources of the particular State wherein the impoundment, diversion, or other control facility is to be constructed, with a view to the conservation of wildlife resources by preventing loss of and damage to such re sources as well as providing for the development and improvement thereof in connection with such water-resource development. oimMndations.'**'" " (^) ^^ furtherance of such purposes, the reports and recommenda tions of the Secretary of the Interior on the wildlife aspects of such projects, and any report of the head of the State agency exercising administration over the wildlife resources of the State, based on sur veys and investigations conducted by the United States Fish and Wildlife Service and such State agency for the purpose of determin ing the p)ossible damage to wildlife resources and for the purpose of determining means and measures that should be adopted to prevent the loss of or damage to such wildlife resources, as well as to provide concurrently for the development and improvement of such resources, shall be made an integral part of any report prepared or submitted by any agency of the Federal Government responsible for engineering surveys and construction of such projects when such reports are pre sented to the Congress or to any agency or person having the authority or the power, by administrative action or otherwise, (1) to authorize the construction of water-resource development projects or (2) to ap prove a report on the modification or supplementation of plans for previously authorized projects, to which this Act applies. Recom mendations of the Secretary of the Interior shall be as specific as is practicable with respect to features recommended for wildlife con servation and development, lands to be utilized or acquired for such purposes, the results expected, and shall describe the damage to wild life attributable to the project and the measures proposed for mitigat ing or compensating for these damages. The reporting officers in project reports of the Federal agencies shall give full consideration to the report and recommendations of the Secretary of the Interior and to any report of the State agency on the wildlife aspects of such projects, and the project plan shall include such justifiable means and measures for wildlife purposes as the reporting agency finds should be adopted to obtain maximum overall project benefits. Mji1rfi''°*^°" ° ' "(^) Federal agencies authorized to construct or operate water control projects are hereby authorized to modify or add to the struc tures and operations of such projects, the construction of which has not been substantially completed on the date of enactment of the Fish and Wildlife Coordination Act, and to acquire lands in accord ajice with section 3 of this Act, in order to accommodate the means and measures for such conservation of wildlife resources as an in 72 S T A T . ] PUBLIC LAW 85-624-AUG. 12, 1958 565 tegral part of such projects: Provided., That for projects authorized by a specific Act of Congress before the date of enactment of the Fish and Wildlife Coordination Act (1) such modification or land acquisi tion shall be compatible with the purposes for which the project was authorized; (2) the cost of such modifications or land acquisition, as means and measures to prevent loss of and damage to wildlife re sources to the extent justifiable, shall be an integral part of the cost of such projects; and (3) the cost of such modifications or land ac quisition for the development or improvement of wildlife resources may be included to the extent justifiable, and an appropriate share of the cost of any project may be allocated for this purpose with a finding as to the pait of such allocated cost, if any, to be reimbursed by non-Federal interests. "(d) The cost of planning for and the construction or installation and maintenance of such means and measures adopted to carry out the conservation purposes of this section shall constitute an integral part of the cost of such projects: Provided., That such cost attribut able to the development and improvement of wildlife shall not extend beyond those necessary for (1) land acquisition, (2) modification of the project, and (3) modification of project operations; but shall not include the operation of wildlife facilities nor the construction of such facilities beyond those herein described: And provided fur ther.. That, in the case of projects authorized to be constructed, oper ated, 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, in addition to allocations made under section 9 of the Reclamation Project Act of 1939 (53 Stat. 1187), shall make findings on the part of the estimated cost of the project which can properly be allocated to means and measures to prevent loss of and damage to wildlife resources, which costs shall not be reimbursable, and an appropriate share of the project costs may be allocated to development and improvement of wildlife resources, with a finding as to the part of such allocated costs, if any, to be reimbursed by non-Federal fish and wildlife agencies or interests. "(e) In the case of construction by a Federal agency, that agency is authorized to transfer to the United States Fish and Wildlife Service, out of appropriations or other funds made available for investigations, engineering, or construction, such funds as may be necessary to conduct all or part of the investigations required to carry out the purposes of this section. "(f) In addition to other requirements, there shall be included in any report submitted to Congress supporting a recommendation for authorization of any new project for the control or use of water as described herein (including any new division of such project or new supplemental works on such project) an estimation of tne wildlife benefits or losses to be derived therefrom including benefits to be derived from measures recommended specifically for the development and improvement of wildlife resources, the cost of providing wildlife benefits (including the cost of additional facilities to be installed or lands to be acquired specifically for that particular phase of wildlife conservation relating to the development and improvement of wild life), the part of the cost of ioint-use facilities allocated to wildlife, and the part of such costs, it any, to be reimbursed by non-Federal interests. "(g) The provisions of this section shall be applicable with respect to any project for the control or use of water as prescribed herein, or any unit of such project authorized before or after the date of enactment of the Fish and Wildlife Coordination Act for planning Project c o s t s . 43 u s e 371 and note. 43 u s e 4B5h. T r a n s f e r funds. of E s t i m a t i o n of benefits. Applicability. 566 PUBLIC LAW 85-624-AUG. 12, 1958 [72 S T A T . Exceptions. W i l d l i f e sources. R e p o r t to gress . Con or construction, but shall not be applicable to any project or unit thereof authorized before the date of enactment of the Fish and Wild life Coordination Act if the construction of the particular project or unit thereof has been substantially completed. A project or unit thereof shall be considered to be substantially completed when sixty percent or more of the estimated construction cost has been obligated for expenditure. " (h) The provisions of this Act shall not be applicable to those projects for the impoundment of water where the maximum surface area of such impoundments is less than ten acres, nor to activities for or in connection with programs primarily for land management and use carried out by Federal agencies with respect to Federal lands under their jurisdiction. "SEC. 3. (a) Subject to the exceptions prescribed in section 2 (h) of this Act, whenever the waters of any stream or other body of water are impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or modified for any pur pose whatever, including navigation and drainage, by any depart ment or agency of the IJnited States, adequate 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, water, or interests therein, acc[uired or administered by a Fed eral agency in connection therewith, for the conservation, main tenance, and management of wildlife resources thereof, and its habi tat thereon, including the development and improvement of such wildlife resources pursuant to the provisions of section 2 of this Act. "(b) The use of such waters, land, or interests therein for wildlife conservation purposes shall be in accordance with general plans ap proved jointly (1) by the head of the particular department or agency exercising primary administration in each instance, (2) by the Secre tary of the Interior, and (3) by the head of the agency exercising the administration of the wildlife resources of the particular State where in the waters and areas lie. Such waters and other interests shall be made available, without cost for administration, by such State agency, if the management of the properties relate to the conservation of wild life other than migratory birds, or by the Secretary of the Interior, for administration in such manner as he may deem advisable, where the particular properties have value in carrying out the national migratory bird management program: Provided^ That nothing in this section shall be construed as affecting the authority of the Secre tary of Agriculture to cooperate with the States or in making lands available to the States with respect to the management of wildlife and wildlife habitat on lands administered by him. "(c) When consistent with the purposes of this Act and the reports and findings of the Secretary of the Interior prepared in accordance with section 2, land, waters, and interests therein may be acquired by Federal construction agencies for the wildlife conservation and development purposes of this Act in connection with a project as reasonably needed to preserve and assure for the public benefit the wildlife potentials of the particular project area: Provided^ That before properties are acquired for this purpose, the probable extent of such acquisition shall be set forth, along with other data necessary for project authorization, in a report submitted to the Congress, or in the case of a project previously authorized, no such properties shall be acquired unless specifically authorized by Congress, if specific authority for such acquisition is recommended by the construction agency. 72 S T A T . ] PUBLIC LAW 85-624-AUG. 12, 1958 567 " (d) Properties acquired for the purposes of this section shall continue to be used for such purposes, and shall not become the sub ject of exchange or other transactions if such exchange or other trans action would defeat the initial purpose of their acquisition. "(e) Federal lands acquired or withdrawn for Federal water resource purposes and made available to the States or to the Secretary of the Interior for wildlife management purposes, shall be made avail able for such purposes in accordance with this Act, notwithstanding other provisions of law. "(f) Any lands acquired pursuant to this section by any Federal agency within the exterior boundaries of a national forest shall, upon acquisition, be added to and become national forest lands, and shall be administered as a part of the forest within which they are situated, subject to all laws applicable to lands acquired under the provisions of the Act of March 1, 1911 (36 Stat. 961), unless such lands are acquired to carry 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, pursuant to sections 1 and 3 or pursuant to any other authorization, shall be administered by him directly or in accordance with cooperative agreements entered into pursuant to the provisions of the first section of this Act and in ac cordance with such rules and regulations for the conservation, main tenance, and management of wildlife, resources thereof, and its habi tat thereon, as may be adopted by the Secretary in accordance with general plans approved jointly by the Secretary of the Interior and the head of the department or agency exercising primary adminis tration 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 (16 U. S. C , sec. 664) : Provided further^ That lands having value to the National Migratory Bird Management Program may, pursuant to general plans, be made available without cost directly to the State agency having control over wildlife resources, if it is jointly determined by the Secretary of the Interior and such State agency that this would be in the pub lic interest: And provided further^ That the Secretary of the In terior shall have the right to assume the management and adminis tration of such lands in behalf of the National Migratory Bird Man agement Program if the Secretarjr finds that the State agency has withdrawn from or otherwise relinquished such management and administration." SEC. 3. The Watershed Protection and Flood Prevention Act, as amended (16 U. S. C , sees. 1001-1007, inclusive), is amended by add ing at the end thereof the following new section: "SEC. 12. When the Secretary approves the furnishing of assistance to a local organization in preparing a plan for works of improvement as provided for in section 3 : " (1) The Secretary shall so notify the Secretary of the Interior in order that the latter, as he desires, may make surveys and investiga tions and prepare a report with recommendations concerning the con servation and development of wildlife resources and participate, under arrangements satisfactory to the Secretary of Agriculture, in the preparation of a plan for works of improvement that is acceptable to the local organization and the Secretary of Agriculture. "(2) Full consideration shall be given to the recommendations contained in any such report of the Secretary of the Interior as he may submit to the Secretary of Agriculture prior to the time the local organization and the Secretary of Agriculture have agreed on a plan for works of improvement. The plan shall include such of National f o r e st lands. 16 u s e 480-563, pass im. Rules and regu lations. 60 Stat. 1080. Wat ers hed p r o taction and flood preve ntion. 68 Stat. 666. Report with rec ommendations. W o r k s of i m provement. 568 PUBLIC LAW 86-625-AUG. 12, 1958 [72 ST A T . Cost. Appropriation. the technically and economically feasible works of improvement for wildlife purposes recommended in the report by the Secretary of the Interior as are acceptable to, and agreed to by, the local organ ization and the Secretary of Agriculture, and such report of the Secretary of the Interior shall, if requested by the Secretary of the Interior, accompany the plan for works of improvement when it is submitted to the Secretary of Agriculture for approval or transmitted to the Congress through the President. "(3) The cost of making surveys and investigations and of prepar ing reports concerning the conservation and development of wildlife resources shall be borne by the Secretary of the Interior out of funds appropriated to his Department." SEC. 4. There is authorized to be appropriated and expended such funds as may be necessary to carry out the purposes of this Act. Approved August 12, 1958. Public Law 85-625 AN ACT To amend the Interstate Commerce Act, as amended, so as to strengthen and improve the national transportation system, and for other purposes. Be it enacted hy the Senate and House of Representatives of the *i958r^"°" ^^*^^^ xS'jfaĵ es of America in Congress assembled^ That this Act may be cited as the "Transportation Act of 1958". August 12, 1958 [S.3778] T r a Act of 56 Stat. 284. 49 u s e 1001. AMENDMENT TO INTERSTATE COMMERCE ACT, RELATING TO LOAN GUARANTIES SEC. 2. The Interstate Commerce Act, as amended, is amended by inserting immediately after part I V thereof the following new par t : "PART V "PURPOSE "SEC. 501. I t is the purpose of this part to provide for assistance to common carriers by railroad subject to this Act to aid them in acquiring, constructing, or maintaining facilities and equipment for such purposes, and in such a manner, as to encourage the employment of labor and to foster the preservation and development of a national transportation system adequate to meet the needs of the commerce of the United States, of the postal service, and of the national defense. "DEFINITIONS "SEO. 502. For the purposes of this part— " (a ) The term 'Commission' means the Interstate Commerce Com mission. " (b) The term 'additions and betterments or other capital expendi tures' means expenditures for the acquisition or construction of prop erty used in transportation service, chargeable to the road, property, or equipment investment accounts, in the Uniform System of Accounts prescribed by the Interstate Commerce Commission. "(c) The term 'expenditures for maintenance of property' means expenditures for labor, materials, and other costs incurred in main taining, repairing, or renewing equipment, road, or property used in transportation service chargeable to operating expenses m accordance with the Uniform System of Accounts prescribed!^ by the Commission.