E. Conservation facilities at water resource projects of the Corps of Engineers Act of December 22, 1944 (Flood Control Act of 1944) (58 Stat. 889), as amended (16 U.S.C. 460d) CONSTRUCTION AND OPERATION OF PUBLIC PARKS AND RECREATIONAL FACILITIES IN WATER RESOURCES DEVELOPMENT PROJECTS; LEASE OF LANDS; PREFERENCE FOR USE; LIMITATION; DISPOSITION OF RECEIPTS SEC. 4. The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to construct, maintain, and operate public park and recreational facilities at water resource development projects under the control of the Department of the Army, to permit the construction of such facilities by local interests (particularly those to be operated and maintained by such interests), and to permit the maintenance and operation of such facilities by local interests. The Secretary of the Army is also authorized to grant leases of lands, including structures or facilities thereon, at water resource development projects for such periods, and upon such terms and for such purposes as he may deem reasonable in the public interest: Provided, That leases to non-profit organizations for park or recreational purposes may be granted at reduced or nominal considerations in recognition of the public service to be rendered in utilizing the leased premises: Provided further, That preference shall be given to Federal, State, or local governmental agencies, and licenses or leases where appropriate, may be granted without monetary considerations, to such agencies for the use of all or any portion of a project area for any public purpose, when the Secretary of the Army determines such action to be in the public interest, and for such periods of time and upon such conditions as he may find advisable: And provided further, That in any such lease or license to a Federal, State, or local governmental agency which involves lands to be utilized for the development and conservation of fish and wildlife, forests, and other natural resources, the licensee or lessee may be authorized to cut timber and harvest crops as may be necessary to further such beneficial uses and to collect and utilize the proceeds of any sales of timber and crops in the development, conservation, maintenance, and utilization of such lands. Any balance of proceeds not so utilized shall be paid to the United States at such time or times as the Secretary of the Army may determine appropriate. The water areas of all such projects shall be open to public use generally, without charge,1 for boating, swimming, bathing, fishing and other recreational purposes, and ready access to and exit from such areas along the shores of such projects shall be maintained for general public use, when such use is determined by the Secretary of the Army not to be contrary to the public interest, all under such rules and regulations as the Secretary 1 See amendments page 384. of the Army may deem necessary. No use of any area to which this section applies shall be permitted which is inconsistent with the laws for the protection of fish and game of the State in which such area is situated. All moneys received by the United States for leases or privileges shall be deposited in the Treasury of the United States as miscellaneous receipts. (As amended Oct. 23, 1962, title II, § 207, 76 Stat. 1195.) AMENDMENTS 1962.-Pub. L. 87-874 substituted references to water resource development projects for references to reservoir areas wherever appearing, and authorized the Chief of Engineers to permit the construction, maintenance, and operation of facilities by local interests. 1964 The words "without charge" were deleted by the Land F. Wildlife conservation at water resource projects under the jurisdiction of Secretary of the Army Act of June 20, 1938 (52 Stat. 802; 33 U.S.C. 540) INVESTIGATIONS AND IMPROVEMENTS; CONTROL BY DEPARTMENT OF THE ARMY; WILDLIFE CONSERVATION SECTION 1. Federal investigations and improvements of rivers, harbors, and other waterways shall be under the jurisdiction of and shall be prosecuted by the Department of the Army under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, except as otherwise specifically provided by Act of Congress, which said investigations and improvements shall include a due regard for wildlife conservation. (June 20, 1938, ch. 535, § 1, 52 Stat. 802.) 385 G. Fishways at river and harbor projects Act of August 11, 1888 (25 Stat. 425; 33 U.S.C. 608) * CONSTRUCTION OF FISHWAYS SEC. 11. Whenever river and harbor improvements shall be found to operate (whether by lock and dam or otherwise), as obstructions to the passage of fish, the Secretary of the Army may, in his discretion, direct and cause to be constructed practical and sufficient fishways, to be paid for out of the general appropriations for the streams on which such fishways may be constructed. (Aug. 11, 1888, ch. 860, § 11, 25 Stat. 425.) 386 H. Kinzua Dam project re relocation and rehabilitation of Seneca Nation Act of August 31, 1964 (78 Stat. 738) PAYMENT SECTION 1. In furtherance of the Allegheny Reservoir project authorized by the Flood Control Acts of June 28, 1938 (52 Stat. 1215), August 18, 1941 (55 Stat. 638), and December 22, 1944 (58 Stat. 889), payment shall be made as hereinafter set forth in this Act to the Seneca Nation and to the individual Seneca Indians for such easements, interests in land and other property within the Allegany Indian Reservation, more particularly described in section 14 of this Act, as have been taken for the construction, operation, and maintenance of said project. * * * HUNTING AND FISHING SEC. 9. The Seneca Nation shall have the right to use and occupy the taking area of the Allegheny Reservoir project within the Allegheny Reservation for all purposes not inconsistent with the interests in land acquired by the United States as set forth in section 1 of this Act, including, but not limited to, the right to lease such lands for farming and grazing purposes to members or nonmembers of the nation, the power to dispose of all minerals reserved under sec. 6 of this Act, the right to hunt and fish on such lands, and to license hunting and fishing by nonmembers of the nation and the right to regulate access to the shoreline of the reservoir: Provided, That public access to the shoreline shall be provided and no charge shall be made to the public therefor: And provided further, That the use by the public of the water areas of the Allegheny Reservoir project shall be pursuant to such rules and regulations as the Secretary of the Army may prescribe. * * 41-802-65--26 387 |