sessed, bought, sold, or transported in violation of the provisions of this Act, and the burden of proof shall be upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was obtained and is possessed lawfully. "SEC. 13. UNITED STATES ATTORNEYS, DUTIES OF.-That it shall be the duty of the United States attorney for the division in which any. wild animal, game fish, wild bird, or part thereof, or any nest or egg of such bird, has been seized because taken, transported, bought, sold, or possessed contrary to the provisions of this Act, or in which any gun, trap, net, fishing tackle, boat, dog, sled, aircraft, wagon, or other vehicle, or other paraphernalia has been seized because used in the unlawful taking of any wild animal, game fish, wild bird, or part thereof, or any nest or egg of such bird, or in which any sled, boat, aircraft, wagon, or other vehicle has been seized because used in the transportation of any wild animal, game fish, wild bird, or part thereof, or any nest or egg of such bird, illegally bought, sold, or possessed contrary to the provisions of this Act, to institute an action. in rem against it for the forfeiture thereof to the United States in any case in which the disposition of such article is not involved in a criminal prosecution. In case of judgment being rendered in favor of the United States, the wild birds, game fishes, wild animals, or other articles forfeited shall be disposed of as directed by the court having jurisdiction, and if sold, the proceeds of sale shall be transmitted by the clerk of the court to the executive officer to be disposed of as provided in subdivision K of section 10 of this Act: Provided, That no action in rem shall be required with respect to any wild animal, game fish, wild bird, or part thereof, or any nest or egg of such bird, or any gun, net, fishing tackle, trap, or other device possessed or used in or in aid of a violation of this Act and legally seized when the claimant thereof releases such article or articles to the United States by a voluntary release in writing witnessed by two disinterested parties, in which case such articles shall be disposed of by the executive officer and if sold the proceeds shall be disposed of as provided in this section.

"SEC. 14. CONTINUANCE OF FUNDS.-That the unexpended balances of any sums appropriated by the Interior Department Appropriation. Act for the fiscal year ending June 30, 1943, for enforcing the provisions of the Act of January 13, 1925, as amended, for the protection of game animals, fur animals, and birds in the Territory, are hereby made available for the purpose of carrying into effect the provisions of this Act and regulations made pursuant hereto, and all contractual obligations heretofore incurred under the provisions of the Act of January 13, 1925, as amended, shall remain in full force and effect.

"SEC. 15. PENALTIES.-That unless a different or other penalty or punishment is hereby specifically prescribed, a person who violates any provision of this Act or of any order or regulation adopted pursuant to this Act, or who fails to perform any duty imposed by this Act or by any order or regulation adopted pursuant to this Act, is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $500, or be imprisoned not more than six months, or both; and, in addition thereto, any person convicted of a violation of any provision of this Act who is the holder of any form of license issued hereunder shall thereupon forfeit said license

and shall surrender it upon demand of any person authorized by. the Commission to receive it, and upon a second conviction he shall not be entitled to, nor shall he be granted a license of such form for a period of one year from date of such forfeiture, and upon a third or successive.conviction, for a period of five years from the date of such forfeiture; and any cooperative store operated exclusively by, and for native Indians or Eskimos, or any store operated by missions exclusively for native Indians or Eskimos, without a license as provided in this Act, upon a second or third conviction for violation of this Act, shall not be entitled to engage in the business of dealing in furs for such time as the court before whom such conviction is had may decide: Provided, That such prohibition shall not be imposed for the first conviction, nor for a period in excess of one year from date of the second conviction, nor for a period in excess of five years from date of the third or any subsequent conviction; and all moneys from fines shall be transmitted by the clerk of the court to the executive officer to be disposed of as provided in subdivision K of section 10 of this Act.

"Any licensed guide who shall fail or refuse to report promptly to the Commission any violation of this Act of which he may have knowledge, shall be guilty of a violation of this Act, and, in addition thereto, shall have his license revoked and shall be ineligible to act as a licensed guide for a period of five years from the time of his conviction therefor, or, of the establishment to the satisfaction of the Commission of definite proof of such offense.

"SEC. 16. ADMINISTRATION OF OATHS FOR PURPOSES OF PROSECUTION.That such officers, agents, or employees of the Department of the Interior as may be designated in writing by the Secretary or executive officer for the purpose are hereby authorized and empowered to administer to or take from any person, an oath, affirmation, or affidavit whenever such oath, affirmation, or affidavit is for use in any prosecution or proceeding under or in the enforcement of this Act. "SEC. 17. AUTHORIZATION OF APPROPRIATIONS.-That there is authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and to accomplish the purposes of this Act and regulations made pursuant hereto, and the Secretary of the Interior is authorized out of such moneys to employ in Alaska and elsewhere such persons and means as he may deem necessary for such purposes, including printing; purchase, operation, maintenance, and repair of aircraft; construction of aircraft hangars and other structures; restocking depleted areas; emergency feeding of wildlife; investigation of wildlife and game-fish resources and conditions; and protection and rehabilitation of Territorial wildlife and game-fish

resources.

"SEC. 18. SEPARABILITY OF PROVISIONS.-That if any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or parts thereof directly involved in the controversy in which such judgment shall have been rendered.

"SEC. 19. APPLICATION TO MOUNT MCKINLEY NATIONAL PARK.That nothing in this Act contained shall be construed as repealing or

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modifying in any manner section 6 of the Act of Congress approved February 26, 1917 (39 Stat. 938), entitled 'An Act to establish the Mount McKinley National Park in the Territory of Alaska.'

"SEC. 20. DATE EFFECTIVE.-That this Act shall become effective immediately upon its passage and approval, and shall be known by the short title of the 'Alaska Game Law.'"

Approved July 1, 1943.

[CHAPTER 224-1ST SESSION]

[S. 1134]

AN ACT

To provide for emergency flood-control work made necessary by recent floods, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $10,000,000 is hereby authorized to be appropriated as an emergency fund to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers for the repair, restoration, and strengthening of levees and other flood-control works which have been threatened or destroyed by the recent floods: Provided, That pending the appropriation of said sum the Secretary of War may allot from existing flood-control appropriations such sums as may be necessary for the immediate prosecution of the work herein authorized, such appropriations to be reimbursed from the appropriation herein authorized when made: Provided further, That funds allotted under this authority shall not be diverted from the unobligated funds from the appropriation "Flood control, general", made available in the War Department Civil Appropriation Act, 1944, for specific purposes therein enumerated.

SEC. 2. The provisions of Section 1 shall be deemed to be additional and supplemental to, and not in lieu of, existing general legislation authorizing allocation of flood-control funds for restoration of floodcontrol works threatened or destroyed by flood.

SEC. 3. The Secretary of Agriculture is hereby authorized and directed to suspend all quota provisions and other limitations with respect to the production of agricultural commodities on any lands affected by floods in 1943 whenever he finds that crops have been destroyed or plantings interfered with or washed out on said lands by reason of such floods, and he is further authorized to permit the maximum planting on such lands of any crops which are essential to the war effort, without the imposition of any penalty or the withholding of any benefit, soil conservation, or other agricultural payments.

SEC. 4. The War Production Board, and every other governmental agency which has jurisdiction over allocations and priorities relating to farm machinery and equipment, are authorized and directed immediately to take such steps as may be necessary to provide for the necessary allocations and priorities to enable farmers in the areas affected by floods in 1943 to replace and repair their farm machinery and equipment which was destroyed or damaged by such floods, and to continue farming operations.

Approved July 12, 1943.

(209)

[CHAPTER 238-1ST SESSION]

(H. R. 647]

AN ACT

To provide for the establishment of the George Washington Carver National Monument.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to acquire, on behalf of the United States, by gift or purchase, the site of the birthplace of George Washington Carver, distinguished Negro scientist, located near Diamond, Missouri, together with such additional land or interests in land and any improvements thereon as the Secretary may deem necessary to carry out the purposes of this Act. In the event the Secretary is unable to acquire such property, or any part thereof, at a reasonable price, he is authorized and directed to condemn such property, or any part thereof, in the manner provided by law.

SEC. 2. The property acquired under the provisions of section 1 of this Act shall constitute the George Washington Carver National Monument and shall be a public national memorial to George Washington Carver. The Director of the National Park Service, under the direction of the Secretary of the Interior, shall have the supervision, management, and control of such national monument, and shall maintain and preserve it in a suitable and enduring manner which, in his judgment, will provide for the benefit and enjoyment of the people of the United States.

SEC. 3. The Secretary of Interior is authorized to

(1) Maintain, either in an existing structure acquired under the provisions of section 1 of this Act or in a building constructed by him for the purpose, a museum for relics and records pertaining to George Washington Carver, and for other articles of national and patriotic interest, and to accept, on behalf of the United States, for installation in such museum, articles which may be offered as additions to the museum; and

(2) Construct roads and mark with monuments, tablets, or otherwise, points of interest within the boundaries of the George Washington Carver National Monument.

SEC. 4. There are authorized to be appropriated such sums not to exceed $30,000 as may be necessary to carry out the provisions of this Act.

Approved July 14, 1943.