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 public interest: And provided further, That the Secretary of the Interior shall have the right to assume the management and administration of such lands in behalf of the National Migratory Bird Management Program if the Secretary finds that the State agency has withdrawn from or otherwise relinquished such management and administration."

tection and flood preven

SEC. 3. The Watershed Protection and Flood Prevention Act, as Watershed proamended (16 U. S. C., secs. 1001-1007, inclusive), is amended by adding 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:

tion.

68 Stat. 666.

(1) The Secretary shall so notify the Secretary of the Interior in Report with order that the latter, as he desires, may make surveys and investiga- recommendations. tions and prepare a report with recommendations concerning the conservation 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 Works of contained in any such report of the Secretary of the Interior as he improvemay submit to the Secretary of Agriculture prior to the time the ment. local organization and the Secretary of Agriculture have agreed on a plan for works of improvement. The plan shall include such of 72 Stat. 567. the technically and economically feasible works of improvement for 72 Stat. 568. wildlife purposes recommended in the report by the Secretary of the Interior as are acceptable to, and agreed to by, the local organization 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- Cost. 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 Appropriation. funds as may be necessary to carry out the purposes of this Act.

Approved August 12, 1958.

To revise and modernize the fish and game laws of the District of Columbia, 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 Com- D.C. game missioners are authorized to restrict, prohibit, regulate, and control and fish hunting and fishing and the taking, possession and sale of wild ani- laws, revimals in the District: Provided. That nothing herein contained shall sion. authorize the Commissioners to impose any requirement for a fishing license or fee of any nature whatsoever: Provided further, That nothing herein contained shall authorize the Commissioners to prohibit, restrict, regulate, or control the killing, capture, purchase, sale, or possession of migratory birds as defined in regulations issued pursuant to the Migratory Bird Treaty Act of July 3, 1918, as amended (16 U. S. C. 703–711) and taken for scientific, propagating, 40 Stat. 755. or other purposes under permits issued by the Secretary of the Interior: And provided further, That nothing herein contained shall authorize the Commissioners to prohibit, restrict, regulate or control the sale or possession of wild animals taken legally in any State, Territory or possession of the United States or in any foreign country, or produced on a game farm, except as may be necessary to protect the public health or safety. As used in this section the term "wild animals includes, without limitation, mammals, birds, fish, and reptiles not ordinarily domesticated.

SEC. 2. Authorized officers and employees of the Government of Inspection. the United States or of the government of the District of Columbia are, for the purpose of enforcing the provisions of this Act and the regulations promulgated by the Commissioners under the authority of this Act, empowered, during business hours, to inspect any building or premises in or on which any business, trade, vocation or occupation requiring a license or permit is carried on, or any vehicle, boat, market box, market stall or cold-storage plant. No person shall refuse to permit any such inspection.

SEC. 3. (a) All rifles, shotguns, ammunition, bows, arrows, traps, Seizure of seines, nets, boats, and other devices of every nature or description rifles, eto. used by any person within the District of Columbia when engaged in killing, ensnaring, trapping, or capturing any wild bird, wild mammal or fish contrary to this Act or any regulation made pursuant to this Act shall be seized by any police officer upon the arrest of such person on a charge of violating any provision of this Act or any regulations made pursuant thereto, and be delivered to the Commissioners. If the person so arrested is acquitted, the property so seized shall be returned to the person in whose possession it was found. If the person so arrested is convicted, the property so seized shall, in the discretion of the court, be forfeited to the District of Columbia, and be sold at public auction, the proceeds from such sale to be deposited in the Treasury to the credit of the District of Columbia. If any item of such property is not purchased at such auction, it shall be disposed of in accordance with regulations prescribed by the Commissioners.

(b) If any property seized under the authority of this section Property is subject to a lien which is established by intervention or otherwise liens. to the satisfaction of the court as having been created without the

72 Stat. 815.

Conviction and fine.

Delegation

of functions.

Fish and wildlife control.

Repeals.

Effective date.

lienor's having any notice that such property was to be used in connection with a violation of any provision of this. Act or any regula tion made pursuant thereto, the court, upon the conviction of the accused, may order a sale of such property at public auction. The officer conducting such sale, after deducting proper fees and costs incident to the seizure, keeping, and sale of such property, shall pay all such liens according to their priorities, and such lien or liens shall be transferred from the property to the proceeds of the sale thereof. SEC. 4. (a) Any person convicted of violating any provision of this Act, or any regulation made pursuant to this Act, shall be fined not more than $300 or imprisoned not more than 90 days, or both.

(b) Prosecutions for violations of this Act, or the regulations made pursuant thereto, shall be conducted in the name of the District of Columbia by the Corporation Counsel or any of his assistants.

SEC. 5. (a) The Secretary of the Interior and the Commissioners, respectively, are authorized to delegate any of the functions to be performed by them under the authority of this Act.

(b) The Commissioners are authorized to make such regulations as may be necessary to carry out the purpose of this Act: Provided. That any regulations issued pursuant to this Act shall be subject to the approval of the Secretary of the Interior insofar as they involve any areas or waters of the District of Columbia under his administrative jurisdiction.

(c) As used in this Act the word "Commissioners" means the Commissioners of the District of Columbia or their designated agent or agents, and the words "Secretary of the Interior" means the Secretary of the Interior or his designated agent or agents.

SEC. 6. Nothing in this Act or in any regulation promulgated by the Commissioners under the authority of this Act shall in any way impair the existing authority of the Secretary of the Interior to control and manage fish and wildlife on the land and waters in the District of Columbia under his administrative jurisdiction.

SEC. 7. Section 902 of the Act approved March 3, 1901 (31 Stat. 1336) as amended (title 22, secs. 1607 and 1703, D. C. Code, 1951 edition), is amended to read as follows:

"SEC. 902. PENALTIES.-Any person who shall violate any provision of the preceding section shall for each such offense be fined not more than $300 or imprisoned not more than ninety days, or both."

SEC. 8. The following Acts or parts of Acts are repealed:

(a) Sections 896, 897, 898, 899, 900, and 903 of the Act approved March 3, 1901 (31 Stat. 1335, 1336), as amended (title 22, secs. 1601, 1602, 1604, 1605, 1606, and 1608, D. C. Code. 1951 edition);

(b) Sections 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the Act approved March 3, 1899 (30 Stat. 1012), as amended (title 22, secs. 1609–1620, D. C. Code, 1951 edition);

(c) Sections 1, 2, 3, and 5 of the Act approved June 30, 1906 (34 Stat. 808), as amended (title 22, secs. 1621-1624, D. C. Code, 1951 edition);

(d) Sections 1 through 3 of the Act approved December 18, 1919 (41 Stat. 368; title 22, secs. 1625–1627, D. C. Code, 1951 edition); and

(e) Sections 1 through 4 of the Act approved March 3, 1927 (44 Stat. 1379; title 22, sec. 1603, D. C. Code, 1951 edition).

SEC. 9. This Act shall take effect on the 180th day following the approval thereof.

Approved August 23, 1958.

85th Congress, S. 3333
August 25, 1958

AN ACT

72 Stat. 840.

To facilitate the insurance of loans under title I of the Bankhead-Jones Farm Tenant Act, as amended, and the Act of August 28, 1937, as amended (relating to the conservation of water resources), and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, title I of the Bankhead-Jones Bankhead-Jones Farm Tenant Act, as amended (7 U. S. C. 1000 and Farm Tenant the following), is further amended as follows: Act, amendment. Farm loans, (a) The following new section 18 is added: insurance.

"SEC. 18. (a) The Secretary of Agriculture is authorized: "(1) To make loans complying with the requirements of title I of this Act for the purpose of insuring and selling such loans to lenders other than the United States. Any security instrument taken in connection with such loan shall create a lien running to the United States, not withstanding the fact that the note may be held by such lender or his assignee;

"(2) To insure and make commitments to insure such loans, which, when endorsed for insurance, shall be covered by the insurance provisions of this title;

"(3) To sell such loans at an annual charge, at a rate to be determined by the Secretary, of not less than 1 per centum of the unpaid principal obligation from time to time outstanding on the loan, such charge to be retained by the Secretary out of interest payments made by the borrower: Provided, That the total of the rate of such charge plus the rate of return to the holder of the, note shall not exceed the interest rate specified in the note. Out of the charges so collected an amount not in excess of one-half of 1 per centum of such unpaid principal obligations shall be deposited in and become a part of the fund. The remainder of such charges collected shall be deposited in the Treasury to the credit of the Secretary and may be transferred annually to the administrative expense account of the Farmers Home Administration and become merged therewith. Each such loan shall be sold at the full amount of the unpaid balance thereof at the time of sale, but no loan shall be sold if such balance exceeds 90 per centum of the amount certified by the county committee to be the value of the farm, less any prior lien indebtedness at the time the loan was made or upon a determination of such fact by the Secretary at the time of sale;

50 Stat. 522.

"(4) To make loans out of moneys in the fund for the purpose of insuring and selling the same under this section: Provided, however, That no loan made under this item (4) shall be in excess of 90 per centum of the amount certified by the county committee to be the value of the farm less any prior lien indebtedness: And provided further, That no loan shall be made under this item (4) unless the Secretary has reasonable assurance that it can be sold without undue delay. The Secretary may, at his discretion, utilize the provisions of subsections 13 (b) and 13 (c) of this title to borrow from the Secretary of the Treasury an additional sum not in excess of $5,000,000 for deposit in the fund for this purpose and said subsections are hereby extended to cover such borrowings for the purpose of making loans under this item (4) and under item (4) of subsection 11 (a) of the Act of August 28, 1937, as amended (relating to the con- Post, p. 342. servation of water resources). The amount of the principal obligations on loans made under this item (4) and not disposed of under this section, plus the amount of the principal obligations on loans made out of moneys in the fund under said item (4) of subsection 11 (a) of the Act of August 28, 1937, as amended, and not disposed

72 Stat. 841.

60 Stat. 1072. 7 USC 1005c.

60 Stat. 1079.

7 USC 1000 et seg.

16 USC 590r590x-3.

50 Stat. 869;

68 Stat. 734.

of under such section 11, shall not exceed the aggregate sum of $5,000,000 at any one time.

(b) The interest rate shall be as provided in section 3 (b) (2) of this title and the borrower shall not be required to pay any additional charges for insurance of the loan, but the Secretary may require the payment of such appraisal and delinquency charges as he deems proper.

"(c) The amount of the principal obligations on loans made under item (a) (4) of this section shall be included in computing the aggregate amount of the principal obligations which may be insured in any one fiscal year, as provided in section 12 (b) of this title, at the time such loans are made. The amount of the principal obligations on any other loans made by the Secretary and insured under this section shall not be included in computing said aggregate amount.

“(d) Loans made from funds advanced by lenders other than the United States may be insured by the Secretary upon terms and conditions consistent with the provisions of this section. Loans made or insured under this section shall be subject to all the provisions of this title except as otherwise provided in this section.

(e) Any loan heretofore or hereafter made or insured under this title may be converted to an insured loan under this section at the discretion of the Secretary, and any expenses in connection with such conversion may be paid out of funds available for administrative

expenses.

(f) The Secretary is further authorized to sell any loan heretofore or hereafter made or insured under this title without insurance thereof upon the written consent of the borrower, or without such consent when the borrower has failed to comply with his agreement to refinance the indebtedness at the request of the Secretary. Such loan shall be sold at the full amount of the unpaid balance thereof, and upon such sale the Secretary is authorized to assign the security instrument and evidence of debt in such manner that the United States shall have no further right or obligation with respect to the loan."

(b) The third sentence of section 13 (b) is amended to read: "Such notes shall have such maturities as the Secretary may determine with the approval of the Secretary of the Treasury, and shall bear interest at a rate fixed by the Secretary of the Treasury, taking into consideration the current average market yields of outstanding marketable obligations of the United States having maturities comparable to the loans made or insured by the Secretary."

(c) Section 15 (a) is amended to add the following sentence: "Section 5200 of the Revised Statutes (12 U. S. C. 84) is hereby amended to add a new paragraph bearing the next number after that of the last paragraph of the present section 5200 of the Revised Statutes and reading as follows: 'Obligations insured by the Secretary of Agriculture pursuant to the Bankhead-Jones Farm Tenant Act, as amended, or the Act of August 28, 1937, as amended (relating to the conservation of water resources), shall be subject under this section to a limitation of 15 per centum of such capital and surplus in addition to such 10 per centum of such capital and surplus.'

SEC. 2. The Act entitled "An Act to promote conservation in the arid and semiarid areas of the United States by aiding in the development of facilities for water storage and utilization, and for other purposes", approved August 28, 1937, as amended (16 U. S. C. 590r590x-3), is further amended by inserting at the end of said Act the following new section:

"SEC. 11. (a) The Secretary of Agriculture is authorized:

"(1) To make loans complying with the requirements of this Act for the purpose of insuring and selling such loans to lenders other