72 Stat. 842. than the United States. Any security instrument taken in connection with such loan shall create a lien running to the United States, notwithstanding 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 Act; “(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, except loans to associations (including corporations not operated for profit and public or quasi-public agencies), shall be sold if such balance exceeds 90 per centum of the value of the security 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; "(4) To make loans out of moneys in the fund, including funds borrowed from the Secretary of the Treasury under item (4) of subsection 18 (a) of the Bankhead-Jones Farm Tenant Act, as amended, Ante, p. 840. within the aggregate limits therein provided, for the purpose of insuring and selling such loans under this section: Provided, however, That no loan made under this item (4) shall be in excess of 90 per centum of the value of the security less any prior lien indebtedness, but such limitation shall not apply to loans to associations, including corporations not operated for profit and public or quasi-public agencies: 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. "(b) 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. The proceeds of such appraisal or delinquency charges shall be deposited in the Treasury for use for administrative expense as provided in item (a) (3) of this section. "(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 10 (e) of this Act, 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, but no such loan, except loans to associations (including corporations not operated for profit and public or quasi-public agencies), shall be in excess of 90 per centum of the value of the security less any prior lien indebtedness. Loans made or insured under this section shall be subject to all the provisions of this Act except as otherwise provided in this section. 72 Stat. 843. "(e) Any loan heretofore or hereafter made or insured under this Act 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 Act 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." Approved August 25, 1958. 72 Stat. 1571. National forests lands. Administration and management. 16 USC 552. 43 USC 1181g. 16 USC 487, 487a. Public Law 85-862 85th Congress, S. 3741 AN ACT To facilitate administration and management by the Secretary of Agriculture of certain lands of the United States within national forests. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to facilitate the administration, management, and consolidation of the national forests, all lands of the United States within the exterior boundaries of national forests which were or hereafter are acquired for or in connection with the national forests or transferred to the Forest Service, Department of Agriculture, for administration and protection substantially in accordance with national forest regulations, policies, and procedures, excepting (a) lands reserved from the public domain or acquired pursuant to laws authorizing the exchange of land or timber reserved from or part of the public domain, and (b) lands within the official limits of towns or cities, notwithstanding the provisions of any other Act, are hereby made subject to the Weeks Act of March 1, 1911 (36 Stat. 961), as amended, and to all laws, rules, and regulations applicable to national forest lands acquired thereunder: Provided, That nothing in this Act shall be construed as (1) affecting the status of lands administered by the Secretary of Agriculture under the Act of June 24, 1954 (68 Stat. 270), and which are revested Oregon and California Railroad grant lands, administered as national forest lands, or (2) changing the disposition of revenues from or authorizing the exchange of the lands, or the timber thereon, described in the Act of February 11, 1920 (ch. 69, 41 Stat. 405), the Act of September 22, 1922 (ch. 407, 42 Stat. 1019), and the Act of June 4, 1936 (ch. 494, 49 Stat. 1460). Approved September 2, 1958. 85th Congress, H. R. 5497 AN ACT 72 Stat 1605. To amend the Watershed Protection and Flood Prevention Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 (2) 70 Stat. 1088. (A) of the Watershed Protection and Flood Prevention Act (Public 16 USC 1004. Law 1018, Eighty-fourth Congress) be amended by inserting im mediately after "and disposal of water", the following: "or for fish and wildlife development." SEC. 2. The Secretary of Agriculture shall not furnish or agree to furnish financial assistance to local organizations for the institution of works of improvement for fish and wildlife development pursuant to the authority of this Act prior to July 1, 1958. Approved September 2, 1958. Public Law 85-887 85th Congress, S. 2719 AN ACT 72 Stat. 1710. Authorizing and directing the Secretary of the Interior to investigate and eradicate the predatory dogfish sharks to control the depredations of this species on the fisheries of the Pacific coast, 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 Secretary Dogfish sharks, of the Interior is hereby authorized and directed to prosecute, for a eradication. period of not to exceed four years from the date of approval of this Act, investigations of the abundance and distribution of dogfish sharks, experiments to develop control measures, and a vigorous program for the elimination and eradication or development of economic uses of dogfish shark populations. SEC. 2. In carrying out the foregoing purposes and objectives the Secretary of the Interior is authorized to cooperate with the official conservation agencies of the States bordering on the Pacific coast, with the commercial fishing industry, and with other governmental or private agencies, organizations, or individuals having jurisdiction over or an interest in the fisheries of the Pacific coast. SEC. 3. There is authorized to be appropriated from time to time, Appropriation. out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary not to exceed $95,000 per annum to carry out the purposes and objectives of this Act. Approved September 2, 1958. To amend the Fish and Wildlife Act of 1956 in order to increase the authorization for the fisheries loan fund established under such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 4 of the Fish and Wildlife Act of 1956 (70 Stat. 1121) is 16 USC 742c. amended by striking out "$10,000,000" and inserting in lieu thereof "“$20,000,000". Approved September 2, 1958. Public Law 85-891 72 Stat. 1712. To authorize a program for the conservation, restoration, and management of the rare Hawaiian Nene goose. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whereas there Hawaiian Nene are less than fifty Nene geese in the wild state in the Territory of goose, preserHawaii, and this unique, native species of waterfowl is threatened vation. with imminent extinction, the Secretary of the Interior is hereby authorized and directed to promote a program of research, propagation, and management necessary to effect the restoration of this threatened species in its natural habitat. SEC. 2. The sum of $15,000 per annum is hereby authorized to be Appropriation. appropriated each year for a period of five years to carry out the purposes of this Act. Approved September 2, 1958. (494) Chapter 656 2d Session H. R. 6788 AN ACT All 68 Stat. 666. To authorize the Secretary of Agriculture to cooperate with States and local agencies in the planning and carrying out of works of improvement for soil conservation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That erosion, flood- Watershed Prowater, and sediment damages in the watersheds of the rivers and tection and streams of the United States, causing loss of life and damage to lood Preven property, constitute a menace to the national welfare; and that it is tion Aet. the sense of Congress that the Federal Government should cooperate with States and their political subdivisions, soil or water conservation districts, flood prevention or control districts, and other local public agencies for the purpose of preventing such damages and of furthering the conservation, development, utilization, and disposal of water and thereby of preserving and protecting the Nation's land and water resources. SEC. 2. For the purposes of this Act, the following terms shall mean: The "Secretary"--the Secretary of Agriculture of the United "Secretary." States. "Works of improvement"—any undertaking for— Works of (1) flood prevention (including structural and land-treatment improvement." measures) or (2) agricultural phases of the conservation, development, utilization, and disposal of water in watershed or subwatershed areas not exceeding two hundred and fifty thousand acres and not including any single structure which provides more than five thousand acre-feet of total capacity. No appropriation shall be made for any plan for works of improvement which includes any structure which provides more than twenty-five hundred acre-feet of total capacity unless such plan has been approved by resolutions adopted by the Committee on Agriculture and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, respectively. A number of such subwatersheds when they are component parts of a larger watershed may be planned together when the local sponsoring organizations so desire. "Local organization"-any State, political subdivision thereof, soil "Local organiza or water conservation district, flood prevention or control district, or tion." combinations thereof, or any other agency having authority under State law to carry out, maintain and operate the works of improvement. SEC. 3. In order to assist local organizations in preparing and Assistance to carrying out plans for works of improvement, the Secretary is author- local organizaized, upon application of local organizations if such application has tions. been submitted to, and not disapproved within 45 days by, the State Application. agency having supervisory responsibility over programs provided for in this Act, or by the Governor if there is no State agency having such responsibility (1) to conduct such investigations and surveys as may be necessary to prepare plans for works of improvement; (2) to make such studies as may be necessary for determining the physical and economic soundness of plans for works of improvement, including a determination as to whether benefits exceed costs; (3) to cooperate and enter into agreements with and to furnish financial and other assistance to local organizations: Provided, 71-490 O-66-33 |