research program of the Fish and Wildlife Service in respect to fish of material value for sport and recreation.

§ 3618. Funds available for expenses of investigations and administration; apportionment of funds among States

Not to exceed 8 per centum of each annual appropriation made in pursuance of the provisions of section 3643 of this title, as the Secretary estimates to be necessary for his expenses in the conduct of necessary investigations, administration, and the execution of this chapter and for aiding in the formulation, adoption, or administration of any compact between two or more States for the conservation and management of migratory fishes in marine or fresh waters, shall be deducted for that purpose, and such sum may be made available therefor until the expiration of the next succeeding fiscal year. The Secretary, after making the deduction, shall apportion the remainder of the appropriation for each fiscal year among the several States in the following manner: 40 per centum in the ratio which the area of each State including coastal and Great Lakes waters, as determined by the Secretary, bears to the total area of all the States, and 60 per centum in the ratio which the number of persons holding paid licenses to fish for sport or recreation in the State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to the Secretary by the State fish and game departments, bears to the number of such persons in all the States. No State shall receive less than 1 per centum nor more than 5 per centum of the total amount apportioned to all of the States. Where the apportionment to any State under this section is less than $4,500 annually, the Secretary may allocate not more than $4,500 of the appropriation to that State to carry out the purposes of this chapter when the State certifies to him that it has set aside not less than $1,500 from its fish-and-game funds or has made, through its legislature, an appropriation in this amount for the purposes. So much of any sum not allocated under the provisions of this section for any fiscal year may be made available for expenditure to carry out the purposes of this chapter until the close of the succeeding fiscal year, and if unexpended or unobligated at the end of such year such sum may be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation.

§ 3619. Certification of funds deducted for expenses and amounts apportioned to States; notification by State of intent to

accept; use of funds where State fails to accept

The Secretary shall certify to the Secretary of the Treasury, and to each State fish and game department, the sum which he has estimated to be deducted for administering and executing this chapter and the sum which he has apportioned to each State for such fiscal year. Any State desiring to avail itself of the benefits of this chapter shall notify the Secretary of the Interior to this effect within sixty days after it has received the certification. The sum apportioned to any State which fails to notify the Secretary may be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the fishresearch program of the Fish and Wildlife Service.

§ 3620. Submission by State of detailed statement of projects; approval; limitation on certain construction items; limitation on United States share of project cost

Any State desiring to avail itself of the benefits of this chapter shall, by its State fish and game department, submit to the Secretary detailed statements of any fish-restoration and management project proposed for that State. If the Secretary finds that such project meets with the standards set up by him and approves said project, the State fish and game department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require. The Secretary shall approve only such projects as may be substantial in character and design, and the expenditure of funds authorized shall be applied only to such approved projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this chapter.

Items included for engineering, inspection, and unforeseen contingencies in connection with the construction of works shall not exceed 10 per centum of the cost of the works, and the State shall pay for these items as a part of its contribution to the total cost of the works. If the Secretary approves the plans, specifications, and estimates for the project, he shall notify the State fish and game department and immediately certify the fact to the Secretary of the Treasury who shall thereupon set aside so much of the appropriation as represents the share of the United States payable under this chapter on account of the project, not to exceed 75 per centum of the total estimated cost thereof. No payment of any money apportioned under this chapter

shall be made on any project until such statement of the project and the plans, specifications, and estimates thereof shall have been submitted to and approved by the Secretary of the Interior.

§ 3621. Payments by United States

When the Secretary finds that any project approved by him has been completed or, if involving research relating to fish, is being conducted, in compliance with approved plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project: Provided, That the Secretary may, from time to time, make payments on the project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States pro rata share of the project in conformity with the plans and specifications. Construction work and labor in each State shall be performed in accordance with its laws and under the direct supervision of the State fish and game department, subject to the inspection and approval of the Secretary of the Interior and in accordance with the rules and regulations made pursuant to this chapter. The Secretary and the State fish and game department of each State may jointly determine at what times and in what amounts payments, as work progresses, shall be made under this chapter. Such payments shall be made against the appropriation to the officials, or depository, designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State.

§ 3622. Maintenance of projects

The States shall maintain according to their respective laws the fish-restoration and management projects established under this chapter. Maintenance of projects completed under the provisions of this chapter may be considered as projects under this chapter; provided that not more than 25 per centum of the allocation from Federal funds in any one year may be set aside for such maintenance projects. Title to any real or personal property acquired by any State, and to improvements placed on State-owned lands through the use of funds paid to the State under the provisions of this chapter, shall be vested in the State.

§ 3623. Employment of personnel

Out of the deductions set aside for administering and executing this chapter the Secretary may employ such assistants, clerks, and other persons in the District of Columbia and elsewhere, to be taken from the eligible lists of the civil service; to rent or construct buildings

outside of the District of Columbia; to purchase such supplies, materials, equipment, office fixtures, and apparatus; and to incur such travel and other expenses, including publication of technical and administrative reports, purchase, maintenance, and hire of passengercarrying motor vehicles, as he may deem necessary for carrying out the provisions of this chapter.

§ 3624. Rules and regulations

The Secretary is authorized to make rules and regulations for carrying out the provisions of this chapter.

§ 3625. Reports to Congress

The Secretary shall make an annual report to the Congress giving detailed information as to the projects established under the provisions of this chapter and expenditures therefor.

§ 3626. Cooperation with fish and game departments of Territories and Possessions

The Secretary is authorized to cooperate with the Alaska Game Commission, the Division of Game and Fish of the Board of Commissioners of Agriculture and Forestry of Hawaii, the Commissioner of Agriculture and Commerce of Puerto Rico, and the Governor of the Virgin Islands, in the conduct of fish restoration and management projects, as defined in section 3642 of this title, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to said Territories, Puerto Rico, and the Virgin Islands, out of money available for apportionment under this chapter, such sums as he shall determine, not exceeding $75,000 for Alaska, not exceeding $25,000 for Hawaii, and not exceeding $10,000 each for Puerto Rico, and the Virgin Islands, in any one year, which apportionments, when made, shall be deducted before making the apportionments to the States provided for by this chapter; but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be available for expenditure in the Territories, Puerto Rico, or the Virgin Islands, as the case may be, in the succeeding year, on any approved project, and if unexpended or unobligated at the end of such year may be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for snort or recreation.

PART VIII-RECLAMATION, IRRIGATION, AND RECLAMATION PROJECTS

CHAPTER

191. GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION. 193. FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS. 195. RECLAMATION PROJECTS GENERALLY.

SEC.

3631

3661

3701

197. INSTITUTION AND CONSTRUCTION OF RECLAMATION PROJECTS_. 199. RECLAMATION PROJECTS: LAND ENTRIES AND WATER RIGHTS_. 201. OPERATION OF RECLAMATION PROJECTS__

3751

3821

3881

203. RECLAMATION PROJECTS: CONSTRUCTION AND OPERATION CHARGES__ 205. BOULDER CANYON PROJECT__

3941

4051

3631. Grant of desert land to States authorized.

3632. Temporary withdrawal from settlement or entry.

3633. Liens for expenses of reclamation.

3634. Preference right to entrymen under State laws.

3635. Grant extended to desert lands within part of former Ute Indian Reservation in Colorado.

§ 3631. Grant of desert land to States authorized

The Secretary with the approval of the President, upon application of a State, in which there are public lands exclusive of timber and mineral lands which will not, without irrigation, produce some agricultural crop, may patent to the State free of cost for survey or price such lands, not exceeding two million acres each in the States of Colorado, Idaho, Nevada, and Wyoming, and not exceeding one million acres in each other State (less the aggregate of lands patented to it under the provisions of the Act of August 18, 1894, commonly called the Carey Act), as the State may cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty acre tract cultivated by actual settlers, as thoroughly as is required of citizens who may enter under the desert-land law, within ten years from the date of approval by the Secretary of the State's application for the segregation of the lands. If actual construction of reclamation works is not begun within three years after the segregation of the lands or within such further period not exceeding three years, as allowed by the Secretary, he may restore the lands to the public domain. If the State fails, within ten years from the date of such segregation, to cause any part of the lands so segregated to be so irrigated and reclaimed, the Secretary may continue said segregation for a period not exceeding five years, or restore such lands not irrigated and reclaimed to the public domain upon the expiration of the ten-year period or of any extension thereof.