lettered as tracts "A", "B", "C", "D", "E", "F", "G", "H", "I", "J", "K", "L", and "N" totaling approximately three thousand two hundred and ninety-two acres, and tract "P" in Modoc County, California, containing about ten acres, all as shown on plate 4 of the report entitled "Plan for Wildlife Use of Federal Lands in the Upper Klamath Basin, Oregon-California," dated April 1956, prepared by the United States Fish and Wildlife Service. All the above lands shall remain permanently the property of the United States. REVENUES; PAYMENTS SEC. 3. Subject to conditions hereafter prescribed, and pursuant to such regulations as may be issued by the Secretary, 25 per centum of the net revenues collected during each fiscal year from the leasing of Klamath project reserved Federal lands within the Executive order boundaries of the Lower Klamath National Wildlife Refuge and the Tule Lake National Wildlife Refuge shall be paid annually by the Secretary, without further authorization, for each full fiscal year after the date of this Act to the counties in which such refuges are located, such payments to be made on a pro rata basis to each county based upon the refuge acreage in each county: Provided, That the total annual payment per acre to each county shall not exceed 50 per centum of the average per acre tax levied on similar lands in private ownership in each county, as determined by the Secretary: Provided further, That no such payments shall be made which will reduce the credits or the payments to be made pursuant to contractual obligations of the United States with the Tulelake Irrigation District or the payments to the Klamath Drainage District as full reimbursement for the construction of irrigation facilities within said district, and that the priority of use of the total net revenues collected from the leasing of the lands described in this section shall be (1) to credit or pay from each revenues to the Tulelake Irrigation District the amounts already committed to such payment or credit; (2) to pay from such revenues to the Klamath Drainage District the sum of $197,315; and (3) to pay from such revenues to the counties the amounts prescribed by this section. AGRICULTURAL USE OF CERTAIN LANDS SEC. 4. The Secretary shall, consistent with proper waterfowl management, continue the present pattern of leasing the reserved lands of the Klamath Straits unit, the Southwest Sump, the League of Nations unit, the Henzel lease, and the Frog Pond unit, all within the Executive order boundaries of the Lower Klamath and Tule Lake National Wildlife Refuges and shown in plate 4 of the report entitled "Plan for Wildlife Use of Federal Lands in the Upper Klamath. Basin, Oregon-California," dated April 1956. Leases for these lands shall be at a price or prices designed to obtain the maximum lease revenues. The leases shall provide for the growing of grain, forage, and soilbuilding crops, except that not more than 25 per centum of the total leased lands may be planted to row crops. All other reserved public lands included in section 2 of this Act shall continue to be managed by the Secretary for waterfowl purposes, including the growing of agricultural crops by direct planting and sharecrop agreements with local cooperators where necessary. MAINTENANCE OF SUMPS SEC. 5. The areas of sumps 1(a) and 1(b) in the Klamath project lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge shall not be reduced by diking or by any other construction to be less than the existing thirteen thousand acres. SUMP LEVELS SEC. 6. In carrying out the obligations of the United States under any migratory bird treaty, the Migratory Bird Treaty Act (40 Stat. 755), as amended, or the Migratory Bird Conservation Act (45 Stat. 1222), as amended, waters under the control of the Secretary of the Interior shall be regulated, subject to valid existing rights, to maintain sump levels in the Tule Lake National Wildlife Refuge at levels established by regulations issued by the Secretary pursuant to the contract between the United States and the Tulelake Irrigation District, dated September 10, 1956, or any amendment thereof. Such regulations shall accommodate to the maximum extent practicable waterfowl management needs. STUDIES SEC. 7. The Secretary is hereby directed to complete studies that have been undertaken relating to the development of the water resources and waterfowl management potential of the Clear Lake National Wildlife Refuge. The results of such studies, when completed, and the recommendations of the Secretary shall be submitted to the Congress. REGULATION SEC. 8. The Secretary may prescribe such regulations as may be necessary to carry out the provisions of this Act. LEGISLATIVE HISTORY House Reports: No. 1072 (Comm. on Interior & Insular Af- Senate Report: No. 341 (Comm. on Interior & Insular Congressional Record: Vol. 109 (1963): July 15, considered and passed Senate. Apr. 20, considered and passed House, amended. E. Wildlife conservation relating to national forests 1. GAME REFUGE, OZARK NATIONAL FOREST Act of February 28, 1925 (43 Stat. 1091), as amended (16 U.S.C. 682) DESIGNATION OF LANDS IN FOREST The President of the United States is authorized to designate such national forest lands within the Ozark National Forest, within the State of Arkansas, as should, in his discretion, be set aside for the protection of game animals, birds, or fish; and, except under such rules and regulations as the Secretary of Agriculture may from time to time prescribe, it shall be unlawful for any person to hunt, catch, trap, willfully disturb, or kill any kind of game animal, game or nongame bird, or fish, or take the eggs of any such bird on any lands so set aside, or in or on the waters thereof. (Feb. 28, 1925, c. 376, 43 Stat. 1091; Aug. 11, 1945, c. 365, 59 Stat. 531; June 25, 1948, c. 645, § 12, 62 Stat. 861.) HISTORICAL NOTE 1948 Amendment.-Act June 25, 1948, amended section by omitting penal provisions which are covered by section 41 of Title 18, Crimes and Criminal Procedure, and by inserting provision relating to the unlawfulness in hunting, catching, etc., game animals, etc., under rules and regulations of the Secretary of Agriculture. 1945 Amendment.-Act Aug. 11, 1945, amended section by striking out last sentence which read "No lands within the present limits of the fourth congressional district shall be included in such designations." Effective Date of 1948 Amendment.-Section 20 of Act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948. 285 2. PROTECTION OF FISH AND GAME AND ENFORCEMENT OF STATE LAWS (NATIONAL FORESTS) Act of May 23, 1908 (35 Stat. 259; 16 U.S.C. 553) DUTIES OF OFFICIALS OF FOREST SERVICE; STOCK LAWS; PROTECTION OF FISH AND GAME Officials of the Forest Service designated by the Secretary of Agriculture shall, in all ways that are practicable, aid in the enforcement of the laws of the States or Territories with regard to stock, for the prevention and extinguishment of forest fires, and for the protection of fish and game, and with respect to national forests, shall aid the other Federal bureaus and departments on request from them, in the performance of the duties imposed on them by law. (May 23, 1908, c. 192, 35 Stat. 259.) 286 3. STUDIES RE WILDLIFE (NATIONAL FORESTS), MCNARY-MCSWEENEY * REFORESTATION ACT Act of May 22, 1928 (45 Stat. 701), as amended (16 U.S.C. 581d) LIFE HISTORIES AND HABITS OF FOREST ANIMALS, BIRDS, AND WILDLIFE; APPROPRIATION FOR EXPERIMENTS AND INVESTIGATIONS SEC. 5. For such experiments and investigations as may be necessary in determining the life histories and habits of forest animals, birds, and wildlife, whether injurious to forest growth or of value as supplemental resource, and in developing the best and most effective methods for their management and control at forest experiment stations, or elsewhere, there is authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, not more than $150,000. (May 22, 1928, c. 678, § 5, 45 Stat.701). 287 |