Public Law 358. to provide for the control of the floods of the Mississippi River, and of the Sacramento River, California, and for other purposes”, approved March 1, 1917, the cost thereof to be paid from appropriations heretofore and hereafter made for examinations, surveys, and contingencies of rivers and harbor

9,009 words·~41 min read·/statutes-at-large/vol-48/public-law-358·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/73/339).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Columbia River.Preliminary examination of, with view of flood control. That the Secretary of War be, and he is hereby, authorized and directed to cause a preliminary examination to be made of the Columbia River and its tributaries in the States of Washington and Oregon, with a view to the control of its floods, in accordance with the provisions of Vol. 39, p. 950.[U.S.C., p. 1089](/us/usc/1089).section 3 of an Act entitled “An Act to provide for the control of the floods of the Mississippi River, and of the Sacramento River, California, and for other purposes”, approved March 1, 1917, the cost thereof to be paid from appropriations heretofore and hereafter made for examinations, surveys, and contingencies of rivers and harbors.

Approved, June 13, 1934. To amend the Emergency Railroad Transportation Act, 1933, approved June 16, 1933. 1934-06-13 498 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 954 73 2 public [CHAPTER 498.] AN ACT To amend the Emergency Railroad Transportation Act, 1933, approved June 16, 1933.June 13, 1934.[[H.R. 9694.](/us/bill/73/hr/9694)][[Public.

No. 340.](/us/pl/73/340)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Emergency Railroad Transportation Act, 1933, amended. That section 14 of title I of the Emergency Railroad Transportation Act, 1933, is *Ante*, p. 216.Carrier’s assessments under, increased.amended by striking out the second sentence thereof and substituting therefor a sentence reading as follows: “It shall be the duty of each carrier, within thirty days after June 16, 1934, to pay into this fund, for the second year of the operation of this title, $2 for every mile of road operated by it on December 31, 1933, as reported to the Commission, and it shall be the duty of the Secretary of the Treasury to collect such assessments.

” Approved, June 13, 1934. To authorize an appropriation for the purchase of land in Wyoming for use as rifle ranges for the Army of the United States. 1934-06-14 510 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 955 73 2 public 955 [CHAPTER 510.] AN ACT To authorize an appropriation for the purchase of land in Wyoming for use as rifle ranges for the Army of the United States.June 14, 1934.[[S. 2130.](/us/bill/73/s/2130)][[Public.

No. 341.](/us/pl/73/341)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That a sum not to Fort Francis E. Warren, Wyo.Purchase of additional land for ride range purposes.exceed $16,000 is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the purchase of one thousand six hundred acres of land adjacent to Fort Francis E. Warren in the State of Wyoming for use of the United States Army for rifle-range purposes.

All purchase of land under this To be made by Secretary of War.Act shall be made by the Secretary of War pursuant to law governing the acquisition of land for the use of the Army of the United States. Approved, June 14, 1934. To facilitate purchases of forest lands under the Act approved March 1, 1911. 1934-06-14 511 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2024-12-11 48 Stat. 955 73 2 public [CHAPTER 511.] AN ACT To facilitate purchases of forest lands under the Act approved March 1, 1911.June 14, 1934.[[S. 3521.](/us/bill/73/s/3521)][[Public, No. 342.](/us/pl/73/342)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That to allow and Conservation of navigable watersheds, etc.Purchases of forest lands for, modified.Vol. 30, p. 961; Vol. 43, p. 1215.facilitate the purchase of forest lands under the provisions of the Act approved March 1, 1911 (36 Stat. 961;

U.S.C., title 16, secs. 613–52111So in original.), in States which desire that such purchases shall be made but cannot give their formal consent thereto until the next meeting *Ante*, p. 22.[U.S.C., pp. 424–425](/us/usc/424–425).of their legislative bodies, it is hereby provided that a written statement of consent signed by the Governor of the State prior to January 1, 1935, and containing the certification that a majority of the individual Consent required.members of the current State legislative body have expressed in writing to the Governor their concurrence in and approval of such statement of consent shall be regarded as fully complying with and satisfying the requirements of that part of section 7 of said Act of March 1, 1911, which provides that no deed or other instrument of conveyance shall be accepted or approved by the Secretary of Agriculture under said Act until the legislature of the State in which the land lies shall have consented to the acquisition of said land by the United States.

Approved, June 14, 1934. To amend the Judicial Code by adding a new section to be numbered 274D. 1934-06-14 512 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 955 73 2 public [CHAPTER 512.] AN ACT To amend the Judicial Code by adding a new section to be numbered 274D.June 14, 1934.[[H.R. 4337.](/us/bill/73/hr/4337)][[Public, No. 343.](/us/pl/73/343)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Judicial Judicial Code.Vol. 36, p. 1164;

Vol. 38. p. 956.[U.S.C., p. 911](/us/usc/911).Code, approved March 3, 1911, is hereby amended by adding after section 274C thereof a new section to be numbered 274D, as follows: " “Sec. 274D.

(1)In cases of actual controversy the courts of the Declaratory Judgments.United States shall have power upon petition, declaration, complaint, or other appropriate pleadings to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed, and such declaration shall have the force and effect of a final judgment or decree and be reviewable as such. 956 “(2) Further relief. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application shall be by petition to a court having jurisdiction to grant the relief. Procedure.If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party, whose rights have been adjudicated by the declaration, to show cause why further relief should not be granted forthwith. “(3) Determining issues of fact. When a declaration of right or the granting of further relief based thereon shall involve the determination of issues of fact triable by a jury, such issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not.” " Approved, June 14, 1934. To provide a preliminary examination of the Green River, Washington, with a view to the control of its floods. 1934-06-14 513 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 956 73 2 public [CHAPTER 513.] AN ACT To provide a preliminary examination of the Green River, Washington, with a view to the control of its floods.June 14, 1934.[[H.R. 5176.](/us/bill/73/hr/5176)][[Public, No. 344.](/us/pl/73/344)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Green River.Preliminary examination of, for flood control. That the Secretary of War be, and he is hereby, authorized and directed to cause a preliminary examination to be made of the Green River, Washington, with a view to control of its floods, in accordance with the provisions Vol. 39, p. 950.of section 3 of an Act entitled “An Act to provide for control of the floods of the Mississippi River, and of the Sacramento River, California, and for other purposes”, approved March 1, 1917, the cost thereof to be paid from appropriations heretofore or hereafter made for examinations, surveys, and contingencies of rivers and harbors. Approved, June 14, 1934. To afford permanent protection to the watershed and water supply of the city of Coquille, Coos County, Oregon. 1934-06-14 514 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 956 73 2 public [CHAPTER 514.] AN ACT To afford permanent protection to the watershed and water supply of the city of Coquille, Coos County, Oregon.June 14, 1934.[[H.R. 5597.](/us/bill/73/hr/5597)][[Public, No. 345.](/us/pl/73/345)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Coquille, Oreg.Petent to certain lands granted to, for protecting its water supply, etc. That for the purpose of affording permanent protection to the watershed and water supply of the city of Coquille, Coos County, Oregon, lot 4 and the southwest quarter northwest quarter section 3, township 28 south, range 12 west, Willamette meridian, is hereby granted to the city of Coquille, Oregon ; and the Secretary of the Interior is hereby authorized and directed to issue patent to the city of Coquille for *Provisos.*Mineral deposits reserved.said land: *Provided*, That there shall be reserved to the United States all oil, coal, and other mineral deposits that may be found on the land so granted and the right to prospect for, mine, and remove Subject to rights of way.same: *Provided further*, That said land shall be subject to all rights of way which the Secretary of the Interior shall at any time deem necessary for the removal of timber from any of the land title to Vol. 39, p. 218; Vol. 40, p. 1179.which revested in the United States under the Act of June 9, 1916, or to which title was reconveyed to the United States under the Act Use for other purposes denied.of February 26, 1919: *And provided further*, That said city shall not have the right to sell or convey the land herein granted or any part thereof or to devote the same to any other purpose than as hereinbefore Reversionary provision.described; and if the said land shall not be used for such municipal purpose the same, or such part thereof not so used, shall Cutting and removing timber.revert to the United States: *Provided*, That there shall be reserved to the United States, its patentees or their transferees, the right to 957cut and remove therefrom the merchantable timber, reserving to the city of Coquille when such sale is made under the provisions of the Act of June 9, 1916 (39 Stat. 218), a preference right to purchase the timber at the highest price bid. Sec. 2. The Secretary of the Interior shall prescribe all necessary Regulations to be prescribed.regulations to carry into effect the foregoing provisions of this Act. Approved, June 14, 1934. To authorize the purchase by the city of McMinnville, Oregon, of certain tracts of public lands and certain tracts revested in the United States under the Act of June 9, 1916 (39 Stat. 218). 1934-06-14 515 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 957 73 2 public [CHAPTER 515.] AN ACT To authorize the purchase by the city of McMinnville, Oregon, of certain tracts of public lands and certain tracts revested in the United States under the Act of June 9, 1916 (39 Stat. 218).June 14, 1934.[[H.R. 5823.](/us/bill/73/hr/5823)][[Public, No. 346.](/us/pl/73/346)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Public lands.McMinnville, Oreg., may purchase certain tracts, revested In United States.of the Interior be, and he is hereby, authorized to issue a patent, upon payment of $2.50 per acre, or fraction thereof, to the city of McMinnville, Oregon, for lots 1, 2, 3, 5, 6,7, 8, 9, 10, 12, and southeast quarter Description.section 33, southwest quarter northwest quarter section 34, township Vol. 39, p. 218.2 south, range 6 west; southeast quarter southeast quarter section 2; lots 3 and 4 and southwest quarter southwest quarter section 3; north-west quarter northeast quarter section 15, township 3 south, range 6 west, east half northeast quarter section 3, and the southwest quarter northwest quarter and northwest quarter southwest quarter section 14, township 3 south, range 6 west, Willamette meridian, Yamhill County, Oregon, containing in the aggregate nine hundred and eighty-one and fifty-five one-hundredths acres, subject to all valid existing rights at the time of the filing of the application by the city of McMinnville: *Provided*, That there shall be reserved to the United *Proviso*.Right to cut and remove merchantable timber reserved.States, its patentees, or their transferees, with respect to lots 5 and 6, section 33, township 2 south, range 6 west, and southwest quarter southwest quarter section 3, township 3 south, range 6 west, the right to cut and remove therefrom the merchantable timber, which in the opinion of the. Secretary of the Interior may be cut and removed without material damage to the watershed, reserving to said city of McMinnville, when such sale is made under the provisions of the Act of June 9, 1916, a preference right to purchase the timber at the highest price bid. Sec. 2. That the Secretary of the Interior shall prescribe all necessary Regulations to be prescribed.regulations to carry into effect the foregoing provisions of this Act. Approved, June 14, 1934. Providing for the acquisition of additional lands for the naval air station at Hampton Roads Naval Operating Base, Norfolk, Virginia. 1934-06-14 516 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 957 73 2 public [CHAPTER 516.] AN ACT Providing for the acquisition of additional lands for the naval air station at Hampton Roads Naval Operating Base, Norfolk, Virginia.June 14, 1934.[[H.R. 6847.](/us/bill/73/hr/6847)][[Public, No. 347.](/us/pl/73/347)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Hampton Roads Naval Operating Base, Norfolk, Va.Acquisition of additional lands for naval air station at, authorized.of the Navy be, and he hereby is, authorized and directed to acquire, by purchase or condemnation, additional tracts of land adjacent to and lying southeastwardly from the Hampton Roads Naval Operating Base, Norfolk. Virginia, said land being generally known as “ East Camp ”, together with such additional land adjoining same as is necessary for the development and expansion of naval air activities at said station, and comprising approximately five hundred and forty acres and being bounded by Masons Creek 958on the north and east, Bush Creek on the west, and the Virginian Appropriation authorized.Railway on the south; and there is hereby authorized to be appropriated’ for the purchase of this entire tract the sum of $400,000. Approved, June 14, 1934. To authorize the purchase by the city of Forest Grove, Oregon, of certain tracts of public lands and certain tracts revested in the United States under the Act of June 9, 1916 (39 Stat. 218). 1934-06-14 517 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 958 73 2 public [CHAPTER 517.] AN ACT To authorize the purchase by the city of Forest Grove, Oregon, of certain tracts of public lands and certain tracts revested in the United States under the Act of June 9, 1916 (39 Stat. 218).June 14, 1934.[[H.R. 7185.](/us/bill/73/hr/7185)][[Public, No. 348.](/us/pl/73/348)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Forest Grove, Oreg.Land patent to issue to. That the Secretary of the Interior be, and he is hereby, authorized to issue a patent, upon payment of $2.50 per acre, or fraction thereof, to the city of Forest Area, purchase price, etc.Grove, Oregon, for the northwest quarter of section 14, township 1 north, range 5 west, Washington County, Oregon, containing in the aggregate one hundred and sixty acres subject to all valid existing rights at the time of the filing of the application by the city of Forest Grove. Sec. 2. Regulations to be prescribed. That the Secretary of the Interior shall prescribe all necessary regulations to carry into effect the foregoing provisions of this Act. Approved, June 14, 1934. To provide hourly rates of pay for substitute laborers in the Railway Mail Service and time credits when appointed as regular laborer. 1934-06-14 518 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 958 73 2 public [CHAPTER 518.] AN ACT To provide hourly rates of pay for substitute laborers in the Railway Mail Service and time credits when appointed as regular laborer.June 14, 1934.[[H.R. 7213.](/us/bill/73/hr/7213)][[Public. No. 349.](/us/pl/73/349)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Railway Mail Service, Postal Service.Reclassification Act amended.Vol. 43, p. 1062.[U.S.C., p. 1272](/us/usc/1272). That section 7 of the Act entitled “An Act reclassifying the salaries of postmasters and employees of the Postal Service, readjusting their salaries and compensation on an equitable basis, increasing postal rates to provide for such readjustment, and for other purposes,” approved February 28, 1925, is amended by inserting after the fourth paragraph of such section (43 Stat. 1053; U.S.C., title 39, sec. 607) a new paragraph to read as follows: " Substitute laborers.Hourly rate of pay provided for.Time credit.“Substitute laborers in the Railway Mail Service shall be paid for services actually performed at the rate of 55 cents per hour, and when appointed to the position of regular laborer the substitute service performed shall be included in eligibility for promotion to grade 2 on the basis of three hundred and six days of eight hours constituting a year’s service.” " Approved, June 14, 1934. To authorize the establishment of the Ocmulgee National Monument in Bibb County, Georgia. 1934-06-14 519 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 958 73 2 public [CHAPTER 519.] AN ACT To authorize the establishment of the Ocmulgee National Monument in Bibb County, Georgia.June 14, 1934.[[H.R. 7653.](/us/bill/73/hr/7653)][[Public, No. 350.](/us/pl/73/350)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,National monuments.Ocmulgee, in Bibb County, Ga., set apart when lands therefor vest in United States. That when title to lands commonly known as the “ Old Ocmulgee Fields ”, upon which certain Indian mounds of great historical importance are located, comprising approximately two thousand acres, in and around the city of Macon, County of Bibb, State of Georgia, as 959shall be designated by the Secretary of the Interior, in the exercise of his judgment and discretion as necessary for national-monument purposes, shall have been vested in the United States, said area shall be set aside as a national monument, by proclamation of the President, and shall be known as the “ Ocmulgee National Monument”: *Provided*, That the United States shall not purchase by appropriation *Proviso*.Lands to be secured by donation only.of public moneys any lands within the aforesaid area, but such lands shall be secured by the United States only by public or private donation. Sec. 2. The Secretary of the Interior is hereby authorized to Acceptance of lands, funds, etc.accept donations of land, interests in land, buildings, structures, and other property, within the boundaries of said national monument as determined and fixed hereunder and donations of funds for the purchase and/or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: *Provided*, That he may acquire on behalf of the United States under *Proviso*,Purchases from donated funds.any donated funds by purchase when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of the Act of August 1, 1888, such tracts of land within the said national monument as may be necessary for the completion thereof. Sec. 3. The administration, protection, and development of the Placed under supervision of Secretary of Interior.Vol. 39, p. 535.Ocmulgee National Monument shall be under the supervision of the Secretary of the Interior subject to the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916, as amended. Approved, June 14, 1934. To authorize the Secretary of Agriculture to adjust claims to so-called “Olmstead lands” in the State of North Carolina. 1934-06-14 520 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 959 73 2 public [CHAPTER 520.] AN ACT To authorize the Secretary of Agriculture to adjust claims to so-called “Olmstead lands” in the State of North Carolina.June 14, 1934.[[H.R. 8779.](/us/bill/73/hr/8779)][[Public. No. 351.](/us/pl/73/351)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Olmstead lands in North Carolina.Secretary of Agriculture to adjust all claims to.Vol. 37, p. 189.of Agriculture be, and he is hereby, authorized to adjust all claims to the so-called “ Olmstead lands ” in the State of North Carolina, which were placed under his administrative care by the Act of July 6, 1912 (37 Stat. 189). Sec. 2. That for the purpose of carrying out the provisions of this Conveyance of interest of United States to present occupants.Act the Secretary of Agriculture is authorized, upon a finding by him, and approved by the Attorney General, that by reason of long-continued occupancy and use thereof a party is justly entitled to any of said Olmstead lands, to convey by quitclaim deed to such party the interest of the United States therein, or to pay to such party Compensation for release of claim.Appropriation available.from any appropriation which hereafter may be made to carry out the purpose of the Act of March 1, 1911 (36 Stat. 936), such sum as the Secretary of Agriculture shall find to be just compensation for the release of the claim of such party to said lands, other claims Payment of superior claims through removal of timber.of title to said Olmstead lands found to be superior to that of the United States may be settled by the Secretary of Agriculture through allowing the removal of timber from the lands claimed in such an amount as he finds equitable and acceptable to the claimant in full satisfaction of his claim, or with the approval of the National Forest Reservation Commission the Secretary of Agriculture may make payment in satisfaction of the claim from funds appropriated for carrying out the provisions of the said Act of March 1, 1911 (36 Stat. 936). Approved, June 14, 1934. To define the exterior boundaries of the Navajo Indian Reservation in Arizona, and for other purposes. 1934-06-14 521 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 960 73 2 public 960 [CHAPTER 521.] AN ACT To define the exterior boundaries of the Navajo Indian Reservation in Arizona, and for other purposes.June 14, 1934.[[H.R. 8927.](/us/bill/73/hr/8927)][[Public, No. 352.](/us/pl/73/352)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Navajo Indian Reservation, Ariz.Exterior boundaries defined.Vol. 15, p. 667.*Post*, pp. 985, 1033.Description. That the exterior boundaries of the Navajo Indian Reservation, in Arizona, be, and they are hereby, defined as follows: Beginning at a point common to the States of Arizona, New Mexico, Colorado, and Utah, thence west along the boundary line between the States of Arizona and Utah to a point where said boundary line intersects the Colorado River; thence down the south bank of that stream to its confluence with the Little Colorado River; thence following the north bank of the Little Colorado River to a point opposite the east boundary of the Grand Canyon National Park; thence south along said east boundary to the southeast corner of section 5, township 30 north, range 6 east, Gila and Salt River base and meridian, Arizona; thence east to the southeast corner of section 4; thence south to the south- west corner of section 10; thence east to the southeast corner of section 10; thence south to the southwest corner of section 14; thence east to the northwest corner of the northeast quarter section 23; thence south two miles to the southeast corner of the southwest quarter section 26; thence west one half mile to the southeast corner of section 27, township 30 north, range 6 east, Gila and Salt River base and meridian, Arizona; thence south seven miles to the south- west corner of section 35, township 29 north, range 6 east; thence east one mile; thence south one and one half miles to the southwest corner of the northwest quarter section 12, township 28 north, range 6 east; thence east through the center of section 12 to the range line between ranges 6 and 7 east; thence south along said range line five and one half miles to the southeast corner of section 1, township 27 north, range 6 east; thence west three miles to the south- west corner of section 3, township 27 north, range 6 east; thence south five miles to the southeast corner of section 33, township 27 north, range 6 east; thence east along township line between townships 26 and 27, six and one half miles, to the northeast corner of the northwest quarter section 3, township 26 north, range 7 east; thence south two miles to the southeast corner of the southwest quarter section 10, township 26 north, range 7 east; thence east four and one half miles to the southeast corner of section 8, township 26 north, range 8 east; thence north four miles to the northwest corner of section 28, township 27 north, range 8 east, Gila and Salt River base and meridian; thence east one mile to the southeast corner of section 21; thence north four miles to the northeast corner of section 4, township 27 north, range 8 east, thence east along township line between townships 27 and 28 north to its intersection with the Little Colorado River; thence up the middle of that stream to the intersection of the present west boundary of the Leupp Extension Reservation Executive order.created by Executive order of November 14, 1901; thence south along the present western boundary of said extension to where it intersects the fifth standard parallel north; thence east along said standard parallel to the southwest corner of township 21 north, range 26 east, Gila and Salt River base and meridian; thence north six miles to the northwest corner of township 21 north, range 26 east; thence east twelve miles to the northeast corner of township 21 north, range 27 east; thence south two miles; thence east twelve miles; thence south four miles; thence east along the township line between townships 20 and 21 north to the boundary line between the States of New Mexico and Arizona; thence north along said boundary961 line to the point of beginning. All vacant, unreserved, and unappropriated public lands, including all temporary withdrawals of public lands in Arizona heretofore made for Indian purposes by Executive order or otherwise within the boundaries defined by this Act, are hereby permanently withdrawn from all forms of entry or disposal for the benefit of the Navajo and such other Indians as may already be located thereon; however, nothing herein contained shall Moqui Indian Reservation, not affected.affect the existing status of the Moqui

(Hopi)Indian Reservation created by Executive order of December 16, 1882. There are hereby Lands suitable for power sites excluded.Vol. 36, p. 575.excluded from the reservation as above defined all lands heretofore designated by the Secretary of the Interior pursuant to section 28 of the Arizona Enabling Act of June 20, 1910 (36 Stat. L. 575), as being valuable for water-power purposes and all lands withdrawn or classified as power-site lands, saving to the. Indians, nevertheless, the exclusive right to occupy and use such designated and classified lands until they shall be required for power purposes or other uses under the. authority of the United States: *Provided*, That *Proviso.*Payment of royalties to Indians, not authorized.nothing in this Act contained shall be construed as authorizing the payment of proceeds or royalties to the Navajo Indians from water power developed within the areas added to the Navajo Reservation pursuant to section 1 of this Act; and the Federal Water Power Act of June 10, 1920 (41 Stat. L. 1063), and amendments thereto, shall operate Vol. 41, p. 1063.for the benefit of the State of Arizona as if such lands were vacant, unreserved, and unappropriated public lands. All valid Prior legal rights protected.rights and claims initiated under the public land laws prior to approval hereof involving any lands within the areas so defined, shall not be affected by this Act. Sec. 2. The Secretary of the Interior is hereby authorized in his Landowners within, may relinquish holdings and select lien lands from public domain.discretion, under rules and regulations to be prescribed by him, to accept relinquishments and reconveyances to the United States of such privately owned lands, as in his opinion are desirable for and should be reserved for the use and benefit of the Navajo Tribe of Indians, including patented and nonpatented Indian allotments and selections, within the counties of Apache, Navajo, and Coconino, Arizona; and any Indian so relinquishing his or her right shall be entitled to make lieu selections within the areas consolidated for Indian purposes by this Act. Upon conveyance to the United States of a good and sufficient title to any such privately owned land, except Indian allotments and selections, the owners thereof, or their assigns, Indian allotments excepted.are hereby authorized, under regulations of the Secretary of the Interior, to select from the unappropriated, unreserved, and non-mineral public lands of the United States within said counties in the State of Arizona lands approximately equal in value to the lands thus conveyed, and where surrendered lands contain springs or living waters, selection of other lands taken in lieu thereof may be of like character or quality, such values to be determined by the Secretary of the Interior, who is hereby authorized to issue patents for the lieu lands so selected. In all selections of lieu lands under section 2 of Notice of selections to be by publication.Relinquished lands to be held in trust for Navajos.Area limited.this Act notice to any interested party shall be by publication. Any privately owned lands relinquished to the United States under section 2 of this Act shall be held in trust for the Navajo Tribe of Indians; and relinquishments in Navajo County, Arizona, excluding Indian allotments and selections, shall not extend south of the township line between townships 20 and 21 north, Gila and Salt River base and meridian. The State of Arizona may relinquish such tracts Exchanges permitted Arizona.Vol. 36, p. 558.of school land within the boundary of the Navajo Reservation, as defined by section 1 of this Act, as it may see fit in favor of said Indians, and shall have the right to select other unreserved and non-mineral public lands contiguous or noncontiguous, located within 962the three counties involved equal in value to that relinquished, said lieu selections to be made in the same manner as is provided for in the Arizona Enabling Act of June 20, 1910 (36 Stat. L. 558), except Payment of fees waived.as to the payment of fees or commissions which are hereby waived. Pending the completion of exchanges and consolidations authorized No further allotments to Navajos in designated counties.by section 2 of this Act, no further allotments of public lands to Navajo Indians shall be made in the counties of Apache, Navajo, and Coconino, Arizona, nor shall further Indian homesteads be initiated or allowed in said counties to Navajo Indians under the Act of Vol. 23, p. 96.July 4, 1884 (23 Stat. L. 96); and thereafter should allotments to Navajo Indians be made within the above-named counties, they shall be confined to land within the boundaries defined by section 1 of this Act. Sec. 3. Arizona may select its school lands in area, after completing exchanges, etc. Upon the completion of exchanges and consolidations authorized by section 2 of this Act, the State of Arizona may, under rules and regulations to be prescribed by the Secretary of the Interior, relinquish to the United States such of its remaining school lands in Coconino, Navajo, and Apache Counties as it may see fit; and shall have the right to select from the vacant, unreserved, and nonmineral public lands in said counties lieu lands equal in value to those relinquished without the payment of fees or commissions. Sec. 4. Acquisition, through purchase of certain property within. For the purpose of purchasing privately owned lands, together with the improvements thereon, within the boundaries above defined, there is hereby authorized to be appropriated, from any Sum authorized; reimbursable.funds in the Treasury not otherwise appropriated, the sum of $481,879.38, which sum shall be reimbursable from funds accruing to the Navajo tribal funds as and when such funds accrue and shall remain available until expended: *Provided*, That title to the land so *Provisos*.Title may be for surface only.Use of funds for improvements.purchased may, in the discretion of the Secretary of the Interior, be taken for the surface only: *Provided further*, That said funds may be used in purchasing improvements on any land within said boundaries or on leased State school land within the boundaries above defined, provided the State of Arizona agrees to the assignment of said leases to the Navajo Tribe of Indians on a renewable and preferential basis, and provided the Legislature of said State enacts such laws as may be necessary to avail itself of the exchange provisions contained in section 2 of this Act, and disclaim any right, title, or interest in and to any improvements on said lands. Approved, June 14, 1934. To reclassify terminal railway post offices. 1934-06-14 522 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 962 73 2 public [CHAPTER 522.] AN ACT To reclassify terminal railway post offices.June 14, 1934.[[H.R. 9392.](/us/bill/73/hr/9392)][[Public. No. 353.](/us/pl/73/353)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Postal service.Terminal railway post offices.Vol. 43, p. 1063; [U.S.C., p. 1272](/us/usc/1272). That the terminal railway post office system shall be maintained for the purpose of handling and distributing mail not handled or distributed in rail-way post office lines or post offices, and the clerks in said terminal railway post offices shall be classified as railway postal clerks and Classifications of clerks in charge.progress successively to grade 4. Clerks in charge of terminals, tours, or crews consisting of less than twenty employees shall be of grade 5. Clerks in charge of terminals, tours, or crews consisting of twenty Relief clerks.or more employees shall be of grade 6. When a terminal railway post office is operated in three tours there shall be a relief clerk in *Provisos.*Rating of clerks in charge of large terminals.No reduction in pay.charge: *Provided*, That the clerk in charge of terminals having seventy-five or more employees shall be of grade 7: *Provided further*, That no employee in the Postal Service shall be reduced in rank or salary as a result of the provisions of this Act. Approved, June 14, 1934. To harmonize the treaties and statutes of the United States with reference to American Samoa. 1934-06-14 523 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 963 73 2 public 963 [CHAPTER 523.] JOINT RESOLUTION To harmonize the treaties and statutes of the United States with reference to American Samoa.June 14, 1934.[[H.J. Res. 340.](/us/bill/73/hjres/340)][[Pub. Res., No. 31.](/us/bill/73/pubres/31)] Whereas the convention relating to the Samoan Islands, signed by Samoan Islands.Tripartite convention of 1899.Vol. 31, p. 1879.the United States, Great Britain, and Germany on December 2, 1899, was proclaimed by the President of the United States on February 16, 1900, and continues to be in force; and Whereas article 3 of the said convention is word for word as follows: " “It is understood and agreed that each of the three signatory Equal rights among signatories.powers shall continue to enjoy, in respect to their commerce and commercial vessels, in all the islands of the Samoan group privileges and conditions equal to those enjoyed by the sovereign power, in all ports which may be open to the commerce of either of them.” " Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of law Coastwise shipping laws not applicable to American Samoa, etc.of the United States restricting to vessels of the United States the transportation of passengers and merchandise directly or indirectly from any port of the United States to another port of the United States shall not be applicable to commerce between 11So in original. the islands of American Samoa or between those islands and other ports under the jurisdiction of the United States. Approved, June 14, 1934. To amend section 895 of the Code of Law of the District of Columbia. 1934-06-15 536 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 963 73 2 public [CHAPTER 536.] AN ACT To amend section 895 of the Code of Law of the District of Columbia.June 15, 1934.[[S. 2714.](/us/bill/73/s/2714)][[Public, No, 354.](/us/pl/73/354)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Commissioners District of Columbia, harbor regulations.Authority vested in Commissioners to make.Vol. 31, p. 1335, amended.of the District of Columbia be, and they are hereby, vested with authority to make harbor regulations for the entire waterfront of the city within the District of Columbia, to alter and amend the same from time to time as they may find necessary: *Provided*, That whenever these regulations affect navigable waters, *Provisos*.Federal approval, if affecting navigable waters.channels, and anchorage areas or other interests of the United States, such regulations shall be subject to the approval of the Secretary of War: *And provided further*, That whenever said regulations Park, etc., waterfronts.affect the waterfront within the District of Columbia under the jurisdiction of the Director of National Parks, Buildings, and Reservations, or affect the interests and rights of the National Capital Park and Planning Commission, such regulations shall be subject to prior approval of the respective agencies. Approved, June 15, 1934. To authorize the acknowledgment of oaths by post-office inspectors and by chief clerks of the Railway Mail Service. 1934-06-15 537 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 963 73 2 public [CHAPTER 537.] AN ACT To authorize the acknowledgment of oaths by post-office inspectors and by chief clerks of the Railway Mail Service.June 15, 1934.[[H.R. 6675.](/us/bill/73/hr/6675)][[Public, No. 355.](/us/pl/73/355)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That post-office Railway Mail Service.Post office inspectors, chief darks, etc., authorized to administer oaths.inspectors are empowered and authorized with like force and effect as officers having a seal to administer oaths required or authorized by law or regulation promulgated thereunder in respect of any matter coming before them in the performance of their official duties and 964likewise oaths to accounts for travel or other expenses against the United States, but no compensation or fee shall be demanded or accepted for administering any such oaths. Chief clerks and assistant chief clerks in the Railway Mail Service are required, empowered, and authorized, when requested, to administer oaths to employees on appointment or promotion and to accounts for travel or other expenses against the United States with like force and *Proviso*.No fee allowed.effect as officers having a seal: *Provided*, That for such service no charge shall be made and no fee or money paid for such service shall be paid or reimbursed by the United States. Approved, June 15, 1934. To establish a minimum area for the Great Smoky Mountains National Park, and for other purposes. 1934-06-15 538 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 964 73 2 public [CHAPTER 538.] AN ACT To establish a minimum area for the Great Smoky Mountains National Park, and for other purposes.June 15, 1934.[[H.R. 7360.](/us/bill/73/hr/7360)][[Public, No. 356.](/us/pl/73/356)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Great Smoky Mountains National Park.Minimum area for, established. That an area of four hundred thousand acres within the minimum boundaries of the Great Smoky Mountains National Park, acquired one half by the peoples and States of North Carolina and Tennessee, and the United States, and one half by the Laura Spelman Rockefeller Memorial in memory of Laura Spelman Rockefeller, be, and the same is hereby, established as a completed park for administration, protection, and development by the United States, and so much of Vol. p. 616.the Act of May 22, 1926 (44 Stat. 616), as is inconsistent herewith is hereby repealed. Sec. 2. Land purchased from emergency work funds, made part of park. That all lands purchased from funds heretofore allocated and made available by Executive order, or otherwise, or which hereafter may be allocated and made available for the acquisition of lands for conservation or forestation purposes within the maximum boundaries of the Great Smoky Mountain National Park as authorized by the Act of May 22, 1926, be, and the same are hereby, made a part of the said park as fully as if originally acquired for that purpose. Approved, June 15, 1934. To amend the law relating to timber operations on the Menominee Indian Reservation in Wisconsin. 1934-06-15 539 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 964 73 2 public [CHAPTER 539.] AN ACT To amend the law relating to timber operations on the Menominee Indian Reservation in Wisconsin.June 15, 1934.[[H.R. 7759.](/us/bill/73/hr/7759)][[Public, No. 357.](/us/pl/73/357)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Menominee Indian Reservation, Wis., timber operations.Vol, 35, p. 52, amended.Fair market age value of timber cut during fiscal year to be fixed. That section 4 of the Act approved March 28, 1908 (35 Stat. L. 51), entitled “An Act to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin”, be, and is hereby, amended by adding at the end thereof the following: “The Secretary of the Interior shall at the end of each fiscal year ascertain and fix the fair Payment to members.market stumpage value of the fully matured and ripened green timber cut on said reservation during the fiscal year and shall during the succeeding fiscal year pay said amount in equal shares to each member of the Menominee Tribe of Indians, living and on the tribal *Proviso.*Limitation on amount.rolls, on the last day of said fiscal year: *Provided*, That said amount so distributed during any fiscal year shall not exceed the amount actually earned from timber operations on said reservation during 965the previous fiscal year. The expenditures proposed for the purposes Expenses proposed subject to review, etc., by tribal council.specified herein shall be submitted to the tribal council, or its authorized business committee, for its advance review and approval. ” Approved, June 15, 1934. To provide for the enrollment of members of the Menominee Indian Tribe of the State of Wisconsin. 1934-06-15 540 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 48 Stat. 965 73 2 public [CHAPTER 540.] AN ACT To provide for the enrollment of members of the Menominee Indian Tribe of the State of Wisconsin.June 15, 1934.[[H.R. 8541](/us/bill/73/hr/8541).][[Public, No. 358](/us/pl/73/358).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Menominee Indiana of Wisconsin.Certified roll of members to be prepared.of the Interior is hereby authorized and directed to prepare a certified roll of the members of the Menominee Indian Tribe in the State of Wisconsin, and from time to time to add names to such roll in accordance with the provisions of this Act, which roll shall constitute the official roll of members of said tribe for all purposes. The names of all persons on the tribal rolls on the date of the enactment Present enrollment to be used as basis.of this Act shall automatically be placed on the roll authorized to be prepared under the provisions of this Act and shall be used as a basis for the compilation and preparation of said roll by the Secretary of the Interior. The Secretary of the Interior shall, from Additional qualified persons.time to time, place on said roll the names of such additional persons as are entitled to the privilege of enrollment under the provisions of this Act. Sec. 2. Any person whose name is not on the roll of the Menominee Application for enrollment.Indian Tribe on the date of the enactment of this Act may at any time hereafter apply to the Secretary of the Interior to have his name placed thereon. Such application shall be in writing, shall contain such information as the Secretary of the Interior may require, and shall be subscribed and sworn to before an official authorized to administer oaths; except that in the case of minors under the age of eighteen years and in the case of persons who are mentally incompetent, such application may be executed by any member of the Menominee Tribe of Indians in behalf of such minor or mentally incompetent person. Sec. 3. At the end of each fiscal year, the Secretary of the Interior Certification of list of applicants.shall compile a list of all persons who have applied for enrollment as a member of the Menominee Indian Tribe during the past fiscal year, and he shall certify such list of applicants to the general council of the Menominee Indian Tribe requesting said general council to investigate the qualifications of such applicants and to report its findings to the Secretary of the Interior. The Secretary of the Interior shall take no action on any application for enrollment until after the expiration of one year from the date the certified list of applicants was forwarded to the general council of the Menominee Indian Tribe, unless the said general council of the Menominee Indian Tribe shall have previously filed its findings and recommendations with reference thereto with the Secretary of the Interior. Sec. 4. No person whose name does not appear on the tribal roll Eligibility to enrollment.of the Menominee Indian Tribe on the date of the enactment of this Act shall hereafter be eligible to enrollment unless he possesses at least one fourth of Menominee Indian blood, and any person possessing one fourth or more of Menominee Indian blood who has been or may be born of parents residing, at the time of such birth, upon the Menominee Reservation, at least one of whom is an enrolled member of the Menominee Tribe, or who has been or may be adopted Adopted member.by the Menominee Tribe, shall be entitled to have his name placed 966on the tribal roll by the Secretary of the Interior in the manner provided for in this Act and shall be entitled to all the privileges of *Proviso.*Persons excluded.membership in said tribe: *Provided*, That no person who participated in the so-called “Half Breed Payment of 1849” shall, for the purposes of enrollment as a member of the tribe, be considered as possessing any Menominee Indian blood, and no person claiming to possess one fourth or more of Menominee Indian blood shall hereafter be placed on the tribal roll unless he can establish the fact that he possesses the required one fourth or more of Menominee Indian blood as a descendant of a person or persons possessing Menominee Indian blood other than those persons who participated in the so-called “Half Breed Payment of 1849.” Sec. 5. Back annuities or per capita payments denied. No person whose name shall hereafter be placed on the roll of the Menominee Indian Tribe shall be entitled to any back annuities or per capita payments made to the members of the tribe out of tribal funds which were authorized to be paid to the members of said tribe before such person’s name shall have been placed upon such roll. Sec. 6. Appeal of enrollment decision. Any person whose application for enrollment as a member of the Menominee Indian Tribe is denied by the Secretary of the Interior shall have the right of appeal to the Federal District Court for the Eastern District of Wisconsin at any time within two years after the denial of such application by the said Secretary of the Interior, and the general council of the Menominee Indian Tribe shall have the right to appeal to said court from any order or decision of the Secretary of the Interior granting any such application or placing the name of any applicant on the tribal roll, at any time within two years after such order or decision of the Secretary of the Notice and hearing thereon.Interior. Notice of such appeal and of the hearing thereof shall be given to the Secretary of the Interior, the applicant and the general council of the Menominee Indian Tribe, in such manner as the court, *Proviso*.Failure to approve deemed a denial.by order, shall direct: *Provided*, That failure on the part of the Secretary of the Interior to approve or deny any application, within two years after the same has been filed with him, shall, for the purposes of this section, be deemed a denial of such application. Said Court to consider affidavits and other evidence presented.district court shall consider all affidavits on file with the Secretary of the Interior with reference to the particular application and shall also consider such additional evidence as may be presented in the form of affidavits or otherwise by any of the parties in interest and shall hear such witnesses in open court as either party may present, and at the conclusion thereof the court shall either affirm or deny the right of said applicant to enrollment as a member of the Menominee Judgment conclusive.Indian Tribe, which judgment shall be conclusive. In the event the court decides that the applicant is entitled to enrollment, the court shall order the Secretary of the Interior to place the applicant’s name on the tribal roll as of the date upon which said application was denied by the Secretary of the Interior. Sec. 7. Conflicting tribal custom or act of Congress repealed. The provisions of this Act shall be applicable to the enrollment of members of the Menominee Indian Tribe of the State of Wisconsin notwithstanding any conflicting tribal custom of said tribe, and any Act or Acts of Congress in conflict with the provisions of this Act are hereby repealed insofar as same relates to the Menominee Indians. Approved, June 15, 1934. To authorize the Commissioners of the District of Columbia to sell the old Tenley School to the duly authorized representative of Saint Ann’s Church of the District of Columbia. 1934-06-15 541 Chapter 48 Stat. 967 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 967 [CHAPTER 541.] AN ACT To authorize the Commissioners of the District of Columbia to sell the old Tenley School to the duly authorized representative of Saint Ann’s Church of the District of Columbia.June 15, 1934.[[H.R. 9184](/us/bill/73/hr/9184).][

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48 Stat. 955
48 Stat. 956
48 Stat. 958
48 Stat. 959
36 Stat. 936
48 Stat. 960
48 Stat. 962
48 Stat. 963
48 Stat. 964

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Public Law 358

to provide for the control of the floods of the Mississippi River, and of the Sacramento River, California, and for other purposes”, approved March 1, 1917, the cost thereof to be paid from appropriations heretofore and hereafter made for examinations, surveys, and contingencies of rivers and harbor

Stat.48 Stat. 955

Stat.48 Stat. 956

Stat.48 Stat. 958

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