(4) Costs of water quality control features incorporated in any Federal reservoir or other impoundment under the provisions of this Act shall be determined and the beneficiaries identified and if the benefits are widespread or national in scope, the costs of such features shall be nonreimbursable. (As amended July 20, 1961, § 1 (b), 2, 75 Stat. 204.)

AMENDMENTS

1961.-Pub. L. 87-88 designated existing provisions as subsec. (a), substituted therein "Secretary" for "Surgeon General" in two instances, and added subsec. (b).

RESEARCH, INVESTIGATIONS, EXPERIMENTS, DEMONSTRATIONS, AND STUDIES SEC. 4. ***

*

*

*

*

(c) Collection and dissemination of basic data on chemical, physical and biological water quality.

The Secretary shall, in cooperation with other Federal, State, and local agencies having related responsibilities, collect and disseminate basic data on chemical, physical, and biological water quality and other information insofar as such data or other information relate to water pollution and the prevention and control thereof.

J. Domestic raising of fur-bearing animals

Act of April 30, 1946 (60 Stat. 127; 7 U.S.C. 433-434)

DOMESTIC RAISING OF FUR-BEARING ANIMALS

SECTION 1. For the purposes of all classification and administration of Acts of Congress, Executive orders, administrative orders, and regulations pertaining to

CLASSIFICATION

(a) fox, rabbit, mink, chinchilla, marten, fisher, muskrat, karakul and all other fur-bearing animals, raised in captivity for breeding or other useful purposes shall be deemed domestic animals;

(b) such animals and the products thereof shall be deemed agricultural products; and

(c) the breeding, raising, producing, or marketing of such animals or their products by the producer shall be deemed an agricultural pursuit.

TRANSFER OF FUNCTIONS

SEC. 2. (a) All the functions of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior, which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestically raised furbearing animals, or products thereof, are hereby transferred to and vested in the Secretary of Agriculture.

FUNDS AVAILABLE

(b) Appropriations and unexpended balances of appropriations, or parts thereof, which the Director of the Budget determines to be available for expenditure for the administration of any function transferred by this Act, shall be available for expenditure for the continued administration of such function by the officer to whom such function is so transferred.

TRANSFER OF PROPERTY

(c) All records and property (including office furniture and equipment) under the jurisdiction of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior used primarily in connection with the administration of functions transferred by this Act are hereby transferred to the jurisdiction of the Secretary of Agriculture.

EFFECTIVE DATE

SEC. 3. This Act shall take effect sixty days after the date of its

enactment.

K. Land conservation and land utilization

Bankhead-Jones Farm Tenant Act (50 Stat. 525), as amended (7 U.S.C. 1010)

LAND CONSERVATION AND LAND UTILIZATION

SEC. 31. The Secretary [of Agriculture] is authorized and directed to develop a program of land conservation and land utilization, in order thereby to correct maladjustments in land use, and thus assist in controlling soil erosion, reforestation, preserving natural resources, protecting fish and wildlife, mitigating floods, preventing impairment of dams and reservoirs, conserving surface and subsurface moisture, protecting the watersheds of navigable streams, and protecting the public lands, health, safety, and welfare, but not to build industrial parks or establish private industrial or commercial enterprises. (As amended Sept. 27, 1962, Pub. L. 87-703, title I, § 102(a), 76 Stat. 607.)

AMENDMENTS

1962.-Pub. L. 87-703 eliminated reference to "including the retirement of lands which are submaginal or not primarily suitable for cultivation," following "land utilization", provided for assistance in protecting fish and wildlife and prohibited the building of industrial parks or establishment of private industrial or commercial enterprises.

450

L. Easements and rights-of-way

1. EASEMENTS RE REAL PROPERTY OF THE UNITED STATES

GENERAL

Act of October 23, 1962 (76 Stat. 1129; 40 U.S.C. 319-319c)

AUTHORITY TO GRANT EASEMENTS

SECTION 1. Whenever a State or political subdivision or agency thereof or any person makes application for the grant of an easement in, over, or upon real property of the United States for a rightof-way or other purpose, the executive agency having control of such real property may grant to the applicant, on behalf of the United States, such easement as the head of such agency determines will not be adverse to the interests of the United States, subject to such reservations, exceptions, limitations, benefits, burdens, terms, or conditions, including those provided in section 2 hereof, as the head of the agency deems necessary to protect the interests of the United States. Such grant may be made without consideration, or with monetary or other consideration, including any interest in real property. In connection with the grant of such an easement, the executive agency concerned may relinquish to the State in which the affected real property is located such legislative jurisdiction as the executive agency deems necessary or desirable. Relinquishment of legislative jurisdiction under the authority of this Act may be accomplished by filing with the Governor of the State concerned a notice of relinquishment to take effect upon acceptance thereof or by proceeding in such manner as the laws applicable to such State may provide.

CONDITIONS

SEC. 2. The instrument granting any such easement may provide for termination of the easement in whole or in part if there has been

(a) a failure to comply with any term or condition of the grant, or

(b) a nonuse of the easement for a consecutive two-year period for the purpose for which granted, or

(c) an abandonment of the easement.

If such a provision is included, it shall require that written notice of such termination shall be given to the grantee, or its successors or assigns. The termination shall be effective as of the date of such notice.

OTHER LAWS

SEC. 3. The authority conferred by this Act shall be in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements.

DEFINITIONS

SEC. 4. As used in this Act

(a) The term "State" means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States.

(b) The term "executive agency" means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.

(c) The term "person" includes any corporation, partnership, firm, association, trust, estate, or other entity.

(d) The term "real property of the United States" excludes the public lands (including minerals, vegetative, and other resources) in the United States, including lands reserved or dedicated for national forest purposes, lands administered or supervised by the Secretary of the Interior in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, Indian-owned trust and restricted lands, and lands acquired by the United States primarily for fish and wildlife conservation purposes and administered by the Secretary of the Interior, lands withdrawn from the public domain primarily under the jurisdiction of the Secretary of the Interior, and lands acquired for national forest purposes.